Publication date: 04.06.2024
Problematic Issues of Forced Return of Foreigners to the Country of Origin
Introduction
The forced return of foreigners to their country of origin is a complex and multifaceted legal process that touches upon various aspects of international, national, human rights and humanitarian law. Despite the existence of legal acts regulating this process, the practice of forced return often faces numerous problems. In this article, we will consider the main problematic issues related to the forced return of foreigners, including legal, ethical and procedural aspects.
The main part
1. 1. Legal Aspects
1.1. Lack of a single international standard
One of the main problems with the forced return of foreigners is the absence of a single international standard that would regulate this process. Regulations in different countries may differ significantly, which creates legal uncertainty and complicates cooperation between states. For example, the 1951 Convention relating to the Status of Refugees and the 1967 Protocol establish the basic principles of refugee protection, but not all member states adhere to them equally.
1.2. Human rights violations
The procedure of forced return can lead to violations of fundamental human rights. According to international norms, such as the European Convention on Human Rights, it is prohibited to expel individuals to countries where they are in danger of being exposed to life or death. However, in practice, these principles are not always respected, which can lead to tragic consequences for deportees.
2. Ethical Aspects
2.1. Humanitarian considerations
Forced return is often viewed as inhumane treatment of persons seeking asylum or forced to leave their country due to difficult life circumstances. Many of them face serious risks such as persecution, torture or even death in their country of origin.
2.2. Social adaptation and integration
Foreigners who have lived for a long time in the country to which they were forced to migrate often integrate into local society. Forced return can destroy their social ties, lead to the loss of jobs, housing and other important aspects of life, which negatively affects their well-being.
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3. 3. Procedural aspects
3.1. Imperfection of national procedures
Many countries have problems with the procedural part of forced return. Imperfections in national procedures may include a lack of transparency, delays in decision-making, insufficient legal assistance for foreigners, and a lack of effective appeal mechanisms.
3.2. Lack of sufficient resources
The forced return procedure requires significant resources, including financial, human and technical resources. The lack of such resources can lead to long delays, violations of foreigners' rights and inefficiency of the entire process.
3.3 Coordination between government agencies
Poor coordination between the various state authorities involved in the process of forced return can lead to procedural violations, delays and other problems. This includes the migration service, law enforcement agencies, courts and other structures.
