Holy See on deportation: Human rights come before national interests

By Sr. Nina Benedikta Krapić, VMZ

Archbishop Gabriele Caccia, Permanent Observer of the Holy See to the United Nations in New York, has addressed a UN General Assembly meeting on the “Expulsion of aliens.”

Speaking at a meeting of the sixth committee of the 78th UN General Assembly, Archbishop Caccia noted that refugees, asylum seekers, migrants, and victims of human smuggling and trafficking are unfairly blamed for today’s social problems.

He recalled that many people are forced to leave their homes due to persecution, violence, natural disasters, and poverty.

“Migration, in such circumstances, is a natural human response to crises, based on the universal human desire for a better life,” he said.

Primacy of human rights over national interests

In his address, the Archbishop commented on the draft Articles of the International Law Commission.  

He praised them for emphasising the primacy of human rights and human dignity over national interest.

The Archbishop especially welcomed Article 5, which provides that measures relating to the expulsion of aliens must be carried out in accordance with both the domestic legal framework and the State's obligations under international law.

Limitaton of death penalty

The Archbishop expressed the strong support of the Holy See for the extension of the principle of non-refoulment (which prevents states from returning individuals to a country where there is a real risk of being subjected to persecution, torture, inhuman or degrading treatment), as well as the progressive limitation of the death penalty.

He especially welcomed the paragraphs on the prohibition of expelling aliens to States where there is a real risk that they will be subjected to the death penalty.

Archbishop Caccia highlighted that no one should be expelled, returned or extradited to another State where their life or physical integrity would be threatened.

The Archbishop pointed out that the dignity of each person who is deported must be respected and that detention should be an exception, not the rule.

“It should be governed by well-defined criteria. It should be non-arbitrary, non-punitive and fully respectful of human rights,” Archbishop Caccia noted.

Interest of children are a priority  

One of the draft articles the Archbishop pointed out was Article 18, which states that the highest priority must be given to the right to family life and the prevention of family separation. In addition, the article stipulates that all decisions must be determined by the best interest of the child.

Archbishop Caccia also highlighted the importance of providing substantive rights and the necessary procedural mechanisms to aliens facing expulsion.

Number of marginalised and distressed people is growing

 The number of marginalized and distressed people is growing together with conflicts around the world, Archbishop Caccia noted.

“Critical decisions are required of us as we face conflicts in various parts of the world,” he said.

He expressed the full support of the Holy See for the adoption of an internationally binding instrument addressing the expulsion of aliens, as well as the establishment of an ad hoc committee or an open-ended working group open to all States, to negotiate such an instrument.

Therefore, common norms and clear standards can be formulated on such sensitive matter that is affecting countless people.