HOUSE OF REPRESENTATIVES

H.C.R. NO.

224

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

URGING THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO EXAMINE AND RE-EVALUATE ITS POLICIES REGARDING REFUGEE AND ASYLEE PROTECTIONS, INCLUDING THE PRINCIPLE OF NON-REFOULEMENT.

 

 

 


     WHEREAS, non-refoulement is a fundamental principle of international law that forbids the forcible removal ("refouler") of a person to a country where they would face persecution, reflecting the commitment of the international community to secure the human rights of all persons; and

 

     WHEREAS, Article 33(1) of the 1951 United Nations Convention relating to the Status of Refugees ("Refugee Convention") established protections against refoulement for refugees; and

 

     WHEREAS, by acceding to the 1967 Protocol relating to the Status of Refugees which incorporates the Refugee Convention,  the United States legally obligated itself to the principle of non-refoulement; and

 

     WHEREAS, the United States has reaffirmed its commitment to the Refugee Convention and its 1967 Protocol through passage of the Refugee Act of 1980 and ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which contains a similar obligation to not expel, return, or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subject to torture; and

 

     WHEREAS, it is the duty and responsibility of the United States to protect refugees, or persons who have fled their country of origin out of fear and are not yet in the United States, and asylum seekers, those refugees who are already within the United States' borders; and

     WHEREAS, a country's procedures or arrangements for granting refugee and asylum status should provide the guarantee of non-refoulement by ensuring protection to all persons who are entitled to receive it; and

 

     WHEREAS, United States Citizenship and Immigration Services is the agency within the United States Department of Homeland Security that oversees the granting of refugee and asylum status to the United States; and

 

     WHEREAS, it is in the jurisdiction of United States Citizenship and Immigration Services to determine whether a refugee or asylum seeker qualifies for protection under the principle of non-refoulement; and

 

     WHEREAS, the current guidelines to determine whether a refugee or asylum seeker is a victim, or in danger of being a victim, of persecution in their country of origin are vague and contain many exceptions that make following the guidelines confusing, thereby making the determinations inconsistent; and

 

     WHEREAS, in the past, refugee and asylum seekers with a well-founded fear of persecution have been returned to their countries of origin by the United States, only to suffer further persecution, which in many circumstances has led to severe injury or death; and

 

     WHEREAS, the United States Department of Homeland Security's definitions of refugee and asylee and the limitations on the number of refugees and asylees that the Department will accept deprives many persons of needed protection by the United States; and

 

     WHEREAS, the State of Hawaii recognizes that all persons are guaranteed their universal human rights by virtue of their birth and demands the equal treatment of all persons in the spirit of Aloha; and

 

     WHEREAS, refugee and asylum seekers that are being returned to their countries of origin where they fear persecution need a voice to speak for them and to help ensure them a life of freedom, safety, and opportunity to seek the pursuit of happiness; and

     WHEREAS, there is a need for the United States Department of Homeland Security, through its United States Citizenship and Immigration Services, to review and examine its policies and regulations regarding protections for refugee and asylum seekers to determine whether those policies and regulations are providing effective protections; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the United States Department of Homeland Security, through its United States Citizenship and Immigration Services, is urged to review and re-evaluate its policies regarding refugee and asylee protections, including the principle of non-refoulement to ensure fair, equal, and compassionate treatment to protect refugee and asylum seekers to the United States; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of United States; the Secretary of the United States Department of Homeland Security; the Associate Director of the United States Citizenship and Immigration Services' Refugee, Asylum and International Operations Directorate; and the Commissioner of the Office of the United Nations High Commissioner for Refugees.

 

 

 

Report Title: 

Non-refoulement