Offshore Processing Arrangements: Effect on Treaty Ratifications of Receiving States

Abstract

This article examines offshore processing arrangements of four different time-periods and geo-political regions—the Safe Havens of the United States with Jamaica and the Turks and Caicos Islands; the 2001 and 2012 Pacific Solutions of Australia with Nauru and Papua New Guinea; and the EU–Turkey deal. In examining these arrangements, the article attempts to ascertain whether each of these arrangements had an impact on the ratification of refugee and human rights-related treaties by the states receiving the asylum seekers and refugees for processing and/or settlement. It does so by first assessing the contents of the offshore processing agreements for refugee and human rights clauses and obligations. The article then looks at the general patterns of treaty ratification of each receiving state, prior to its entering into offshore processing arrangements. After the general patterns of treaty ratifications of each state are established, the article goes on to investigate whether offshore processing arrangements had any effect on these patterns. This is based on the analysis of the contents of the agreements, together with an examination of the timing of the refugee and human rights treaty ratifications of the receiving state, at the time of the arrangements. The article finds that the effect, although minimal, is quite nuanced.