Trump travel ban unlawful, could lead to
torture of refugees: U.N.
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[February 01, 2017]
By Stephanie Nebehay
GENEVA (Reuters) - U.N. human rights
experts said on Wednesday U.S. President Donald Trump's travel ban on
nationals from seven Muslim-majority states contravenes international
law and could lead to people denied asylum being sent home to face
torture.
Trump's executive order curbing immigration has aroused an international
outcry, even among U.S. allies, and sown chaos and bewilderment among
travelers. Legal challenges have spread with three U.S. states suing to
overturn the order, saying it flouts constitutional guarantees of
religious freedom.
In a statement, the U.N. experts urged the Trump administration to
protect people fleeing war and persecution and uphold the principle of
non-discrimination based on race, nationality and religion. The United
States should not force back refugees, a practice known as refoulement,
they said.
"Such an order is clearly discriminatory. based on one’s nationality.
and leads to increased stigmatization of Muslim communities," said the
experts.
"Recent U.S. policy on immigration also risks people being returned,
without proper individual assessments and asylum procedures, to places
in which they risk being subjected to torture and other cruel, inhuman
or degrading treatment, in direct contravention of international
humanitarian and human rights laws which uphold the principle of
non-refoulement."
The independent experts included the U.N. special rapporteurs on
migrants, François Crépeau; on racism, Mutuma Ruteere; on human rights
and counter-terrorism, Ben Emmerson; on torture, Nils Melzer; and on
freedom of religion, Ahmed Shaheed.
U.N. High Commissioner for Human Rights Zeid Ra'ad al-Hussein said on
Monday that discriminating against people on the basis of their
nationality is illegal.
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People gather outside the Federal Building to protest against U.S.
President Donald Trump's executive order travel ban in Minneapolis,
Minnesota, U.S. January 31, 2017. REUTERS/Adam Bettcher
The U.N. experts voiced concern that people traveling to the United
States could be subject to detention for indefinite periods and
ultimately deported. They called on Washington to live up to
internationally agreed obligations to offer refuge to those fleeing
persecution and conflicts.
Melzer also urged Trump not to consider returning to waterboarding
and other methods of torture as interrogation techniques used during
George W. Bush's administration but banned by his Democratic
successor Barack Obama. Trump has said he believes waterboarding
works but his top defense and security appointees have said they
would oppose any use of it.
“Any tolerance, complacency or acquiescence with such practice,
however exceptional and well-argued, will inevitably lead down a
slippery slope towards complete arbitrariness and brute force,”
Melzer said.
(Reporting by Stephanie Nebehay; editing by Mark Heinrich)
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