The Principle of Non-Refoulement and Nigeria’s Deportation Practices: Analytical Review of Compliance Standards

📖 ABSTRACT/OVERVIEW

This research conducts an analytical review of Nigeria's deportation practices against the principle of non-refoulement as enshrined in the 1951 Refugee Convention, its 1967 Protocol, and the Convention Against Torture, examining documented cases where forced returns may have exposed individuals to persecution, torture, or serious harm. The non-refoulement principle is recognized as a peremptory norm (jus cogens) of international law, binding on all states regardless of treaty ratification. Nigeria, as a transit and destination country, has deported individuals to conflict-affected origin states without individualized risk assessment, raising serious compliance concerns. The study employs a doctrinal methodology complemented by case analysis of deportation incidents involving Cameroonian refugees, Chadian asylum seekers, and Sudanese nationals documented between 2021 and 2024. Primary data are gathered through interviews with immigration lawyers, UNHCR Nigeria, deportation detainees with legal counsel, and civil society refugee rights organizations. Findings reveal that deportation decisions routinely lack individualized non-refoulement assessments, that asylum claims are not systematically reviewed prior to deportation orders, and that access to legal counsel for deportees is severely limited. The study develops an analytical compliance framework for Nigerian deportation procedures and argues that current practice constitutes violations of binding international obligations. Recommendations include a mandatory non-refoulement screening protocol, judicial authorization for all deportation orders, and UNHCR access to detention facilities. Keywords: non-refoulement, deportation, refugee rights, Nigeria, asylum.

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Departments# Human Rights Law