Deportation of Rohingyas: United Nations Special Rapporteur seeks to assist Supreme Court

A Special Rapporteur of the United Nations filed an intervention application before the Supreme Court last week, seeking to assist the Court in the matter concerning deportation of Rohingyas from India..The fifth Special Rapporteur on forms of racism, xenophobia, racial discrimination and such, E Tendayi Achiume, has offered her expertise on the subject of a State's obligation under international law on the issue of prevention of racial discrimination. Seeking to be an amicus curiae in the matter, the UN Special Rapporteur says her role in the Rohingyas matter would be to assist the Court in upholding India's obligations.India has certain obligations for upholding racial equality for all and elimination of discrimination based on race, the applicant says. In this regard, Achiume highlights the provisions under the Article 1(1) of International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). She also invokes India's commitment under Article 2(1) of the International Covenant on Civil and Political Rights (ICCPR) and Articles 2(2) and 3 of the International Covenant on Economic and Social Rights (ICESCR). Along with these, India also has an obligation under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and Convention on Rights of the Child (CRC), the Rapporteur highlights..In the context of residency, citizenship, asylum, refugee status, and deportation, India’s ICERD and ICCPR commitments require it to ensure policies that satisfy principles of racial equalityE Tendayi Achiume in her intervention application.India, however, has not ratified the Refugee Convention or the Convention against Torture (CAT), the applicant acknowledges. She goes on to submit that the principle of non-refoulement is one of premeptory nature. India must ensure that non-refoulement assesment of the Rohingya refugees is free from racial bias or discrimination, the applicant avers..ICCPR obligations bar deportation of persons to places where they are likely to be met with inhuman and degrading treatment. ICERD provisions envisage a bar on refoulement of persons to a place where they face persecution. They also put an obligation on States to ensure there is equal security for persons regardless of their race.The Bench of CJI SA Bobde with Justices BR Gavai and Surya Kant has sought the Centre's response in this application. .The intevention is sought in a matter relating to deportation of Rohingya refugees from Myanmar. It comes at a time when the controversial Citizenship Amendment Act and the impending nationwide National Register of Citizens (NRC) has sparked protests across the country..Rohingya: Centre questions bona fides of petitioners, alleges intention to “change demography”.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.