top of page
Writer's pictureEdmarverson A. Santos

The Rights Of Refugees And Asylum Seekers

Refugee and asylum seeker rights remain a highly intricate issue today. A refugee is someone forced out of their country due to fear of violence or persecution, while an asylum seeker has sought protection in another country for similar reasons.


By the end of 2020, the world saw a record 108.4 million forcibly displaced people. The Universal Declaration of Human Rights, in Article 14, guarantees the right to seek refuge abroad from political threats or loss of freedom.


The 1951 Refugee Convention and its 1967 protocol, under international law, define and protect the rights of refugees. These include legal safeguards against deportation or refoulement, a cause championed by Amnesty International through various campaigns.


UNHCR reports show nearly 40% of global displacement results from conflict. Common reasons for seeking refuge include war, political upheaval, religious or ethnic persecution, and other threats in their home nations.


It is a moral duty for governments to support vulnerable immigrants, often through community-sponsored programs. This not only fulfills humanitarian obligations, like providing education to those fleeing danger, but also offers economic benefits. Supporting skilled refugees can help rebuild troubled societies and ease the financial burden on host countries. Effective immigration policies can also control the influx of people, preventing strain on local resources and emergency services, especially during crises like pandemics.


By offering adequate support, local and central governments can adhere to established legal principles, addressing the prevailing harsh conditions worldwide. Extending humanitarian aid broadens our understanding and contributes to global efforts. This is a testament to humanity's resilience as we aid those navigating treacherous journeys toward safer shores. In doing so, we embody the spirit of democracy, turning hopeful dreams into tangible realities, as newcomers catch their first glimpse of a safe haven, signaling a new beginning away from turmoil.


Understanding the Different Categories of Displaced Persons

People who are forcibly displaced from their homes due to conflict or persecution represent various categories, some of which have distinguishing characteristics in terms of legal protection and residency.


By examining the defining features that separate refugees, asylum seekers, and migrants, it is possible to evaluate existing rights regimes governing their status.


Refugees


The national and international laws that govern the status of refugees and asylum seekers differ significantly from those governing other categories of displaced persons. Refugees are defined as individuals who have been forced to flee their home countries due to conflict or persecution, crossing an international border in the process.


In contrast, asylum seekers are distinct from refugees, who remain within their home states while formally applying for refugee protection.


Understanding the varying degrees of displacement is essential if we are to fully comprehend both local and global disparities between rights afforded to different groups of people.


The 2018 Global Trends Report revealed that nearly 70 million people were forcibly displaced worldwide, with 51% of those identified as refugees. War and violence continue to be the primary reasons behind large-scale population movements across borders.


Unfortunately, these figures don't include internally displaced persons (IDPs), which were estimated to be around 8 million in 2018 by the Internal Displacement Monitoring Centre. Stateless individuals face increased physical danger inside IDP camps due to environmental factors such as cramped living spaces and inadequate medical attention.


In some cases, these individuals lack legal residence permits or nationality, making them highly vulnerable. Additionally, they may encounter hostile attitudes toward migrants already present in host countries before their arrival.


Asylum seekers


Asylum seekers are people seeking international protection. They leave their home countries due to human rights abuses or fear of persecution for reasons like race, religion, political views, nationality, or social group membership.


To escape danger and suffering in their homelands, asylum seekers opt to flee and seek safety elsewhere, instead of staying in perilous conditions.


For someone to be classified as a refugee and receive protection under international law, they must meet the criteria set by the 1951 Refugee Convention of the United Nations. This involves proving they face significant risks if they return home and that their government cannot or will not protect them from persecution based on the specified characteristics.


However, those not fitting these specific criteria are broadly categorized as 'asylum seekers'. Unlike refugees, who may have crossed borders or even gained citizenship, asylum seekers are in the process of crossing an international border and may not yet qualify for resettlement under the Refugee Convention's definition.


It's crucial to understand that while asylum seekers face similar dangers as refugees, they need support while their claims are assessed to ensure they don't face additional risks abroad.


Amnesty International plays a vital role in this area, striving to ensure the fundamental right to safety for all, irrespective of origin. They do this through vigorous campaigning, advocacy, community involvement, and defending the dignity, trust, justice, and respect of vulnerable individuals.


Migrants


Migrants are individuals who voluntarily leave their home countries and move to a new destination, seeking economic or personal improvement. This voluntary route is fundamentally different from those of refugees and asylum seekers, who are forced to flee to save their lives or preserve their freedom.


Although the classification of individuals as either "economic migrants" or "asylum seekers" may oversimplify the complexities of their migration experiences, it does indicate that these groups are often treated differently under national laws. For example, refugees and asylum seekers are typically entitled to legal protections under the 1951 Refugee Convention, including access to justice and social welfare provisions. In contrast, economic migrants may lack similar legal protections in many destinations, leaving them vulnerable and with limited support options.


Additionally, this group faces protection challenges, including difficulties accessing medical care and shelter along with food insecurity due to its precarious socio-economic position in society.


Defining the Terms

A clear understanding of the various categories of displaced persons is essential in order to recognize and protect their rights. This section explores key definitions related to refugees, asylum seekers, and migrants.


Who is considered a refugee?


Refugees are individuals who have been forced to leave their countries due to persecution, war, or violence. According to the United Nations Refugee Agency (UNHCR), a refugee is someone who has fled their country of origin due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion. Such individuals are unable to get protection from their home country.


In order to qualify as a refugee, an individual should be outside their home state and meet the conditions for refugee status under both international law and national legislation.


There are other categories of displaced persons beyond those who are considered refugees by the UNHCR. These include internally displaced people (IDPs), forced migrants, exiles, stateless persons, war refugees (which includes those fleeing wars between states as well as civil conflicts), and political refugees. Broadly speaking, all these categories share an inability, either willing or unwilling, to return to their countries, primarily due to instability within those nations.


Asylum seekers differ from refugees mainly in terms of legal protection. However, many different processes apply before a person can be officially recognized as an asylum seeker. For instance, they often undergo screenings at official border checkpoints and must have reached safety across international borders.


Migrants represent something different altogether. They voluntarily seek new opportunities without facing imminent danger upon leaving their native countries. This makes them a legally distinct category with separate visa processes, even though they may be escaping dire economic situations back home, which may ultimately exacerbate into danger if left untreated over long periods of time.


What constitutes an asylum seeker?


An asylum seeker is someone who has applied for international protection in another country due to fears of harm, persecution, or violence in their home country. While the exact definition and criteria may vary between countries, an individual must typically show a well-founded fear of being persecuted based on race, religion, nationality, membership in a particular social group, or political opinion.


The process involves submitting an asylum application and attending an interview where the applicant provides proof to support their claims and pertinent personal information. If successful, they will be granted refugee status or some form of temporary protection by the hosting country, depending on the circumstances involved.


What is the definition of a migrant?


"Migrant" is a term used to describe people who move from their home country to seek better living conditions, economic opportunities, or other forms of improvement. This can include foreign nationals or expatriates who move overseas either temporarily or permanently. Unlike refugees and asylum seekers who are fleeing danger or persecution, migrants may be seeking different educational or employment opportunities, healthcare benefits, or motivated by social ties and cultural exchange.


Defining a migrant under international law is complicated because countries have different legal provisions for such individuals. Therefore, it's important to understand the differences between status categories when determining someone's eligibility for protection under relevant laws.


Key Facts About Refugees and Asylum Seekers


Knowing the reasons that lead people to become refugees, as well as global trends in displacement, is central to appreciating the difficulties faced by those seeking asylum and understanding our international obligations toward them.


Reasons for leaving their countries


  1. Persecution: Refugees often flee their home countries because of a fear for their safety due to persecution by state, non-state actors, and powerful social forces. This could be based on political opinion, nationality, ethnicity, race, sexual orientation, or religious beliefs.

  2. Conflict: War and conflict is a major cause of displacement in many parts of the world. Violent conflict can force people out of their homes and into other nearby regions. Those affected are sometimes forced to cross international borders in search of safety, while others have no choice but to seek refuge in their own country.

  3. Violence: Refugees living in areas exposed to frequent violence – from crime networks, drug cartels, or gangs – can experience extreme levels of terror that leave them feeling threatened or endangered and ultimately force them to flee their homes and seek safety elsewhere.

  4. Natural disasters: In some cases, refugees can be displaced by natural disasters such as floods or earthquakes that either destroy the area in which they live or make it uninhabitable due to the risk of further damage or lack of basic services such as electricity and water supply.

  5. Poverty: Refugees often leave their countries due to a lack of economic resources or opportunity, which may be caused by corruption, weak governance, and mismanagement of funds within their home country, leading to high levels of unemployment, hunger, and poor living standards for its citizens who might feel compelled to seek asylum elsewhere for better opportunities both economically and socially.


Statistics on global displacement


The reasons individuals leave their countries are numerous, ranging from conflict and persecution to natural disasters and climate change. These circumstances have contributed to the staggering number of people forced from their homes. Delving into the statistics on global displacement provides a clearer picture of the scope of this crisis.


CATEGORY

NUMBER OF PEOPLE

YEAR

Total Displaced Worldwide

108.4 million

2022

Refugees

27.1 million

2021

Internally Displaced Persons (IDPs)

Not Specified

2022

Asylum Seekers

Not Specified

2022

This data underscores the magnitude of global displacement and the importance of concerted efforts to assist and protect refugees, asylum seekers, and internally displaced persons. The rising figures are a testament to ongoing conflicts, violations of human rights, and other challenges that drive people to seek safety beyond their homelands. These statistics convey numbers and the urgent need for international cooperation and support for those uprooted from their lives.


The Role of Amnesty International in Protecting the Rights of Refugees and Asylum Seekers


Amnesty International has been dedicated to advocating and protecting the rights of refugees and asylum seekers around the world. Amnesty's research, advocacy campaigns, and lobbying efforts have focused on ensuring human rights are respected for all those who are forcibly displaced from their homes.


This includes campaigning against detention practices at borders, protecting the legal rights of those seeking asylum in countries they did not originate from, providing support for people along routes of displacement, holding governments accountable if refugee policies breach existing international obligations or rules, as well as offering humanitarian assistance to those in need.


One example of successful activism was when Amnesty joined forces with Human Rights Watch in 2019 to launch a campaign called “Lost At Sea” which aimed to end European Union immigration policies that create blocking points along African migration routes into Europe where people faced arbitrary detentions, inhuman living conditions and violence.


Amnesty launched a campaign with a strong message: "We refuse to live in a world without refuge, where no one is safe". The campaign had a significant impact on policy change, which led to increased protection provided by nations bordering the Mediterranean, such as Spain and Italy. These countries agreed to take measures to save lives at sea and increase access for migrants, rather than further denying it. Since then, a lot of work has been done by organizations to influence policy change and create a better world for those who are seeking refuge.


Why Governments Should Welcome and Protect Displaced Persons

The issue of refugees and asylum seekers is a complex and multi-faceted one. A refugee is someone who is forced to leave their country due to fear of persecution or violence, while an asylum seeker is someone who has applied for admission to another country for similar reasons.


At the end of 2020, there were 108.4 million forcibly displaced people globally, which is the greatest number in recorded history. Article 14 of the Universal Declaration of Human Rights recognizes everyone's right to seek shelter abroad when subjected to political intimidation or when their freedom is threatened.


To define and protect the rights of refugees and asylum seekers, international law established The Refugee Convention of 1951 and its 1967 protocol, which provides legal protections for refugees, including international protection from deportation or refoulement. Amnesty International advocates for these protections through campaigns.


According to reports by UNHCR, almost 40% of all global displacement was caused by conflict. People seek refuge due to war, political instability, religious and ethnic persecution, and other civil insecurity threats in countries they originate from.


Governments have a moral duty to provide support to refugees and asylum seekers, but it is also an economic opportunity if done correctly. Citizens can assist vulnerable immigrants through community-sponsored programs, which can reap fiscal incentives. Providing education and other essential services can help these refugees become competitive candidates on the world market, which can ultimately rebuild strife-ridden societies. It's important that states become proactive about immigration policies, rather than allowing unregulated influxes to strain taxpaying municipal proceeds and emergency services.


Therefore, it's essential to understand how offering the appropriate support can benefit local communities along with central governments. Incorporating accepted principles into current laws can help confront unsafe conditions experienced in numerous areas across the world. By forming humanitarian relief and expanding our horizons, we can help those in need and witness their grandeur. It's possible to save those who are contending with maladaptive forces, and through holistic governing, we can help them find safety and hope.


Humanitarian reasons

Governments have a humanitarian obligation to provide basic necessities to refugees, asylum seekers, and migrants who have been forced to leave their homes due to conflict, persecution, and other human rights abuses. Without protection from a government or nation-state, these vulnerable people are at risk of becoming stateless and may not have access to food, water, education, or healthcare services.


Amnesty International has launched several campaigns to advocate for the proper protection of refugees and asylum seekers, who are often exposed to unsafe living conditions. The U.S. government provides funding to organizations that help displaced people, ensuring their safety and protecting them from further violence or exploitation. These organizations also provide food and other life-saving provisions to those in need.


Economic benefits


The acceptance of refugees into a host nation poses several benefits from an economic perspective. Firstly, when provided with safety and opportunity to work, these displaced individuals can significantly contribute to the job market and overall growth in the host country's economy.


Refugees also bring with them a valuable skillset that is driven by their own experiences as well as gathered through their education and employment abroad, providing an injection of new talent into existing labor markets, which raises wages for local workers.


In addition to investments in human capital, refugees often pay taxes on the money they earn or invest within economies, which provides financial returns needed for public services and infrastructure improvements such as roads, hospitals, or schools.


Fulfillment of international obligations


It is a state's responsibility to respect and protect the human rights of persons seeking refugee status and asylum. Governments must provide protection for refugees, asylum seekers, and migrants under various international agreements such as the 1951 Refugee Convention or the 1966 International Covenant on Civil and Political Rights (ICCPR).


This includes ensuring that these individuals' safety and well-being are protected from torture, ill-treatment, slavery, servitude, non-discrimination, poverty alleviation—and more.


The UNHCR plays an essential role in encouraging governments to act accordingly when it comes to upholding their obligations. Countries in the Global South that receive the most forced displacements due to conflict or persecution/climate change effects, as well as countries of the Global North that have received millions of displaced persons through resettlement, must share responsibility for meeting the needs of refugees worldwide.


Conclusion


In conclusion, governments have a moral obligation to welcome and protect displaced persons. Humanity isn't just about taking care of ourselves, it's also looking out for our fellow man by extending assistance in times of need.


Refugees and asylum seekers are entitled to international protection under Article 14 of the Universal Declaration of Human Rights as well as various conventions such as the Refugee Convention of 1951 and the 1967 protocol.


Not only this, but welcoming refugees has been proven to have humanitarian benefits such as improving economic security, benefitting labor markets, expanding entrepreneurial opportunities, promoting multiculturalism, and strengthening host countries’ resilience against future displacement events.


It is important for us all to consider what we can do both individually and collectively on a global basis - from joining campaigns that challenge Europe's migration limits or supporting efforts that simplify access to resources for displaced people - in order to support the rights of refugees snd asylum seekers in any way possible.


References

留言


bottom of page