Bolivia: constitutional protection against refoulement Article 29 of the Constitution of Bolivia provides protection against refoulement for people granted asylum or refuge in the country by prohibiting their expulsion or deportation to a country where their “life, bodily integrity, security or liberty is endangered”. South Africa: protection against refoulement reflects constitutional values In its judgment of 15 February 2011 in the case of Arwah Abdi v. Minister of Home Affairs [2011] ZASCA 2, the Supreme Court of Appeal of South Africa held that, “[...] deportation to another state that would result in the imposition of a cruel, unusual or degrading punishment is in conflict with the fundamental values of the Constitution.” Switzerland: constitutional protection against refoulement Article 25 of the Federal Constitution of the Swiss Confederation of 1999 provides protection against refoulement in cases of expulsion, extradition and deportation, stating, among other things, that, “[...] no person may be deported to a state in which they face the threat of torture or any other form of cruel or inhumane treatment or punishment”. LEGISLATION  Asylum or Refugee Laws Many States have adopted or amended national legislation dealing with specific areas to include the prohibition against refoulement, including human rights laws, laws relating to asylum and refugees or migration, and extradition. In other States, their own national anti-torture legislation may contain an explicit prohibition against refoulement and set out basic safeguards. These laws detail the powers that can be exercised by State authorities to remove a person and the constraints on those powers, as well as the relevant administrative and judicial procedures to be followed. National legislation has also detailed the rights of persons within those procedures. Extradition Law Non-refoulement: Art. 3 UNCAT Law of Armed Conflict Human Rights Law Migration Law For further examples of legislative provisions, see: Guide on anti-torture legislation ââ APT and CTI, Guide on anti-torture legislation The Guide is available in Arabic, English, French, Portuguese and Spanish. TOOL: Non-refoulement procedures and safeguards 2/13

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