MANAGING THE GLOBAL REFUGEE CRISIS THROUGH REFUGEE PROTECTION AND ASYLUM LAW

ABSTRACT

The global refugee crisis has affected numerous numbers of people throughout the world. Increasing armed conflict and civil war has led to the violation of human rights of people, persecution as well as challenges to the environment which in turn resulted in forceful displacement of these people. People has suffered with forceful displacement and with lack of proper housing, education, and food facilities as well as language barriers and unfamiliar legal system. 

To protect these rights, government and many different international organizations took major steps towards their protection. Such as establishment of the Refugee Convention 1951 and the 1967 protocol. This crisis has highlighted the vulnerabilities of displaced people and lack of legal framework to address their rights and safety concerns. It also highlights the need of a comprehensive solution that address this issue requiring cooperation of different countries and unified global response that gives respect for rights and sustainable development initiatives.

This study highlights the significant gap in existing international legal mechanisms. People that are getting displaced due to environmental factors are not given legal recognition as refugees; thus, they do not have any access to resettlement or asylum. Also, there is lack of global framework for data privacy and digital identity of refugees. These findings reveal the need of reformed refugee protection regime ensuring equitable treatment of all displaced people.

KEYWORDS – ARMED CONFLICTS, ASYLUM, HUMAN RIGHTS, PERSECUTION, 1967 PROTOCOL, REFUGEE CONVENTION 1951, SUSTAINABLE DEVELOPMENT.

INTRODUCTION

The global refugee crisis is among the most evolving humanitarian issues of our time, affecting millions around the world. The term “refugee crisis” describes the growing number of individuals who got displaced from homes as a reason of war, persecution, natural disasters, and other emergencies including violation of human rights. They were forced to leave behind their home state for safety and basic survival; while adapting to new countries, they faced countless obstacles. They lose their homes and often become separated from loved ones, while struggling to navigate foreign languages and legal systems as they search for safety.

In fact, year 2022 end led more than 100 million people to be displaced globally. This crisis is revealing extraordinary vulnerability of uprooted populations and the limitations and flaws within international framework that manages displacement while protecting rights. Nations such as Syria, Afghanistan, Yemen, and South Sudan have been engaged in these conflicts for years resulting in displacement of people from their homes. 

For example, the Syrian war, started in 2011, has been proved to be the leading causes of global displacement with over half of Syria’s pre-war population having been displaced and over 6 million seeking refuge abroad. Also, civil wars are often characterized with acts of indiscriminate violence against civilians, mass killings or genocide and destruction of infrastructure; all of these contribute to making it impossible for people to be safe in their home country.

Another main reason of refugee crisis is persecution and human rights violation. Individuals depart from their home state when they are being persecuted or not given their basic human rights. For example, the Rohingya minorities in Myanmar have been subjected to systemic discrimination and violence for decades. As a result, hundreds of thousands of these people have fled to neighbouring Bangladesh. Unfortunately, these refugees are forced to live a life without basic rights such as education and healthcare.

The global refugee crisis, caused by war, persecution, environmental degradation, and human rights violations continues to displace millions of people worldwide. Even with existing international frameworks for refugees’ protection, such as 1951 Convention or 1967 Protocol, these are inadequate and outdated failing to address today’s evolving issues regarding displacement. For instance, environmental refugees, digital identity protection, and vulnerable groups like children. This research will help in understanding the limitation of current legal framework and examines the urgent need for a more comprehensive legal response. 

HISTORICAL EVOLUTION

The start of global refugee crises can be seen from ancient times. The term “refugee” was not into existence at that time. The word “forced migration” was used at that time. People were forced to leave their country due to invasion, wars, or persecution.

WORLD WAR I (1914 – 1918)

The devastation of World War I, marked one of the first times where big-scale displacement of people became a global issue. The war caused the displacement of millions of people throughout Europe, especially in the Eastern Europe and Ottoman Empire. Various people suffered because of this war, which led League of Nation to create a framework to aid refugee^[1].

The concept of “Nansen Passport” – In 1922, Fridtjof Nansen, a Norwegian statesman was appointed as the League’s High Commissioner for refugees. He established the Nansen Passport for displaced people, which furnished identity to the stateless individuals and facilitated their movement throughout borders. This marked as first international measure to understand the needs of displaced persons^[2].

POST-WORLD WAR II ERA

When the World War II ended in 1945, it significantly shaped the landscape of refugee crisis. Nearly 30 million persons were forced to leave their home because of this war which prompted urgent humanitarian response.

Formation of the UNHCR (1950) – With the ongoing crisis, UNGA established UNHCR (United Nations High Commissioner for Refugees) in 1950, which intends to protect and support refugees worldwide^[3].

The 1951 Refugee Convention lays down as to who identifies as a refugee and defined the doctrine of non – refoulement, which means the restriction on returning of refugees to the countries where they could face persecution.

SIGNIFICANT CRISES IN THE LATE 20^TH CENTURY

The Palestinian Refugee Crisis (1948) – The Arab – Israeli conflict marked the beginning of a refugee crisis. After the establishment of Israel in 1948 and the subsequent war, around 700,000 Palestinians were forced to leave their country. This not only led in a significant influx of Palestinian refugees but also created a complex geopolitical situation that continues to exist even today, with multiple generations of Palestinian refugees residing in different countries, often lacking the rights and protections typically granted to others^[4].

CONTINUED DISPLACEMENT IN THE LATE 20TH CENTURY

The Yugoslav Wars (1990s) – The dissolution of the country “Yugoslavia” resulted in ethnic conflicts and war particularly in the region of Bosnia and Kosovo which affected 4 million people, but this situation eventually prompted the creation of new legal frameworks and humanitarian interventions focused on safeguarding displaced individuals^[5].

THE 21ST CENTURY: NEW CHALLENGES

Syrian Civil War (2011 – 2024) – The Syrian civil war is the significant refugee crises in recent times. Since 2011, the conflict has led to the forceful leaving the country by more than 6 million Syrians, who have sought refuge in surrounding countries like Turkey, Lebanon, and Jordan etc. This situation has resulted in urgency for international assistance and cooperation^[6].

LEGAL FRAMEWORK FOR THE PROTECTION OF REFUGEES

The legal framework for safeguarding refugees is influenced by a range of international treaties, national legislation, and regional agreements. These are the fundamental laws and principles that govern the protection and granting of asylum to the refugees.

INTERNATIONAL LEGAL FRAMEWORK:

• The 1951 Refugee Convention: This is an international convention that defines who identifies as a refugee and provides protections for them. The 1951 convention is related to the status of refugees. It establishes the criteria for determining who is considered a refugee and outlines the standard of recognizing refugee status and obligations of the states they reside in^[7].

According to Article 1, a refugee is outside their home country and has a fear of persecution due to factors such as race, religion, nationality, membership in a specific social group, or political beliefs.

• The 1967 Protocol: The 1967 protocol expanded the scope of refugee protection by removing the geographical and temporal limitations of the 1951 Convention. The protocol safeguards the people fleeing conflicts for safety or situations not explicitly mentioned in the original convention^[8].
• Other International Instruments: Other international instruments complement refugee convention and protocol. Such as UDHR, ICCPR and CAT.

REGIONAL LEGAL FRAMEWORK:

• European Union: The CEAS (Common European Asylum System) aims to establish a uniform approach to asylum within EU member states. It states who are eligible for international protection and examine asylum application so that multiple application in various states can be prevented^[9].
• African Union: OAU (Organization of African Unity) convention governs specific aspect of refugee problems in Africa. This convention expands the definition of a refugee and include those fleeing internal conflict, violence, and other situations that disturb public order. Also, African Charter safeguards the entitlements of refugees and put obligation on state to ensure their protection, providing a human rights framework that complements refugee-specific protections^[10].
• Organization of American States: Cartagena Declaration states broader definition of refugees and includes those fleeing armed conflicts and massive human rights violations. Also, tell states to adopt policies to promote the refugee’s protection and aid host communities.

NATIONAL LAWS AND POLICIES:

Each country is responsible for implementation of its own asylum laws, which are influenced by international and regional legal frameworks. These laws typically include:

• Asylum procedures: National laws outline the process for applying to asylum including – → Application process which includes interviews and the submission of documents,

→ Judicial Decisions which state guidelines for adjudicating claims, including the standard of proof required to establish fear of persecution.

→ Appeals in which individuals can challenge negative decisions which are essential to ensure fair treatment of asylum seekers.

• Integration Policies: National Policies may include,

→ Access to Employment: Laws permitting refugees to work and contribute to the economy.

→ Education: Provisions for refugees regarding schooling for themselves and their children.

→ Healthcare and Social Services: Ensuring refugees healthcare and other social services.

ROLE OF UNHCR:

UNHCR has significant impact on the protection of globally displaced person and refugees.

→ It provides legal framework to the government regarding the entitlements and safeguards for refugees.

→ It monitors the implementation of international refugee laws, including the 1951 Refugee Convention and its 1967 Protocol, as well as regional frameworks.

→ UNHCR registers asylum seekers and refugees, providing them with essential documentation that facilitates their access to services and protection.

→ It facilitates the safe return of refugees to their home when situation is better. This process involves negotiations with governments and the provision of support for reintegration.

IEOANE TEITIOTA V. NEW ZEALAND (UNHCR 2020)^[11],

Teitiota, a man from Kiribati, was forced to migrate with his family to New Zealand due to difficulties in accessing safe drinking water in his home country because of climate crisis and applied for asylum in New Zealand.

He was denied asylum by New Zealand’s Immigration and Protection Tribunal, the Court of Appeal, and the Supreme Court as the Refugee Convention did not appropriately address the issue. 

The UN Human Rights Committee also rejected his claim as not meeting the 1951 refugee definition but acknowledged that climate change could, in the future, trigger non – refoulement obligations under the ICCPR if it is life – threatening.

It is obvious from this landmark judgment that due to lack of uniform or direct legal category for climate refugees, individuals displaced by environmental factors remain unprotected under existing international legal frameworks. While the UN Human Rights Committee acknowledged that life – threatening climate risks could breach non – refoulment, but this offers no legal right to asylum and sets an impractical high burden of proof on claimant to prove immediate threat to life.

SUGGESTIONS

According to the research I have conducted so far on the “Global refugee crisis and protection through asylum and refugee laws,” there is currently not enough awareness regarding refugee problem. Mostly literature that I found was on refugee problem in general. This allowed me to realize that more work is needed to be done on the key areas which are also needed to be legally strengthened. Such as, Climate change and environmental degradation, people displaced by factors related to environment are not considered as refugee under 1951 convention, which means they lack resettlement opportunities, protection, and access to asylum. Expanding the definition of refugees in International Law will help a lot.

1951 Refugee Convention should cover modern cause of displacement including – climate change and environmental degradation, internal conflicts not recognized as persecution. This will strengthen international refugee law and highlight today’s global crisis.

Laws regarding digital identity and data privacy of the refugees are also needed to be strengthened. They face challenges in accessing services and proving their identity especially when there is no formal documentation. UNHCR – coordinated global digital identity framework can provide a secure platform to ensure data and privacy protection. 

Laws regarding rights of children of the refugees are also needed to be strengthened, as they are subjected to exploitation, trafficking, and lack of healthcare. A specific international framework is required for the protection of rights of the refugee children to address these vulnerabilities comprehensively. Also, safeguarding women, LGBTQ+ refugees, elderly displaced persons.

To address these gaps, the international organizations would need to update existing conventions or form new laws that could address today’s refugee crisis problems and ensure fairer, more consistent protections for globally displaced people.

CONCLUSION

Even after putting so many efforts to resolve the issue of displacement of people around the world, the number of refugees are increasing day by day. As a result of which this issue has become difficult to solve. In today’s world global refugee crisis is completely different from that of traditional world. Beside the traditional factors for this issue numerous new issues have emerged as the cause of forced displacement. Such as, wars between nation, environmental degradation, internal conflicts, climate change and government sovereignty leading to the creation of the refugee problem.

There should be a detail plan which puts emphasis on the implementation of protection, prevention and solution to the global refugee problem and the global cooperation for same. As the real global protection cannot be achieved without international cooperation. The obligations laid down in various legal framework is right, but the mechanism for implementing those obligation is flawed in a manner that states to act contrary to their own principles and interests leading to the suffering among refugees.

 

REFERENCES

[1] UNHCR Global Appeal Report 2018 – 2019 – Full Report, https://www.unhcr.org/media/unhcr-global-appeal2018-2019-full-report.

[2] Harald Ulrik Sverdrup, Encyclopedia Britannica, League of Nations Passport,

https://www.britannica.com/topic/League–of–Nations–Passport

[3] UNHCR, History of UNHCR, https://www.unhcr.org/in/about-unhcr/who-we-are/history-unhcr

[4] Dr. Rashida Ather, The Global Refugee Crises: Study of Contemporary Issues and Challenges, vol 17 PalArch’s J. of Archaeol. Egypt/Egyptology 8130 (2020)

[5] ICTY, Conflicts in the Former Yugoslavia, https://www.icty.org/en/about/whatformer

[6] USA for UNHCR, Syria Refugee Crisis Explained, https://www.unrefugees.org/news/syria-refugee-crisisexplained/.

[7] UNHCR, 1951 Refugee Convention Overview, https://www.unhcr.org/aboutunhcr/overview/1951-refugeeconvention.

[8] UNHCR, Guidelines on International Protection under the 1951 Convention and Its 1967 Protocol relating to the status of refugees, https://www.unhcr.org/sites/default/files/legacy-pdf/4ec262df9.pdf

[9] European Commission, Common European Asylum System, https://homeaffairs.ec.europa.eu/policies/migration-and-asylum/asylum-eu_en

[10] UNHCR, African Union, https://www.unhcr.org/about–unhcr/where–we–work/africa/african–union.

[11] Ivanka Bergova, Environmental Migration and Asylum: Ioane Teitiota v. New Zealand, vol 42, Justice System Journal, (2021).