The World Must Have a Plan for Refugees; They Need a Home
A Case For Refugees
We have been witnessing a right-wing surge against accepting refugees. The latest in a series of refugee-related decisions, and the gravest of all rather, Donald Trump and his team have begun random deportations of "illegal" migrants in the name of his 'America first' policy. Yet, the reality constantly signals that all countries must revise their refugee policies generously and prepare to take in as many refugees as possible if we still claim our share of humanity.
The Refugee Question
The poignant question is this- can peace prevail for long without addressing the impending refugee crisis? Can we turn a blind eye to the suffering of millions of people on our planet? Displaced from one’s homeland and compelled to flee, the refugees sometimes are rendered penniless, leaving behind all their possessions. Can we turn a blind eye to this global pandemic of destitution?
Already, the harrowing winds of violent conflicts are lashing out globally. Ukraine, Gaza, Africa, Myanmar, … everywhere, people desperately trying to flee death and destruction from all these wars. To add to the torturous situation, now there is the imminent threat of another bigger war in the Middle East, which frighteningly has the potential to develop fast into a world war.
In 2023, 114 million people were displaced by war. The UN High Commissioner for Refugees recently reminded everyone that the refugee crisis is getting worse every day, and the aid workers are “nearing a breaking point.”
In a world torn by mistrust, certain sections of the public continue to tell their governments that they do not want their country to host refugees. Playing to the gallery, at least a few politicians intend to throw away the international obligations their predecessors had committed their country to under a larger democratic discourse.
The interplay of these dynamics is reflected in the plans many countries now have, like when they, after giving temporary refuge to the Syrian refugees, now plan to send them back to the so-called “safe areas” in Syria. Aid workers fear that such “safe areas” might not exist. These refugees, if sent back, will be in grave danger.
International Law mandates strict adherence to non-refoulement. In other words, no refugee can be sent back to a country where their lives or freedom might come under threat. Still, many governments across the planet are trying to send back refugees, and the right-wing groups who demand this keep resorting to violent protests to pressure the governments.
During the first Donald Trump era, the US was the worst example of similar international law violations. As a signer of the international conventions and rules on refugees, America was obligated to welcome refugees. President Donald Trump’s policies stood in violation of all those treaties.
After President Joe Biden came to power, he allocated resources to the refugee programme again, and asylum-seekers from Central America were given a legal way to immigrate to the country.
However, after getting elected for a second term, Donald Trump’s promise to the American people has been that he would deal with illegal immigration with an iron fist, deport illegal immigrants, and put restrictions on legal immigration.He is already moving in that direction.
The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol offer a global protection mandate for refugees. 148 countries are party to this agreement by which the obligations of these nation-states and the rights of the refugees are stated and clarified.
The First World War which commenced from 1914 to 1918, saw the first major properly recorded refugee surge. This crisis prompted countries to provide the displaced with safety and proper documentation.
Between 1939 and 1945, in the Second World War, an equal or more number of refugees fled their homelands for their lives. Millions of people were also forcibly displaced or resettled.
The 20th century saw the evolution of concrete laws and conventions for refugee protection, more purposefully so after the League of Nations was founded in 1921. A few decades passed before the Geneva Diplomatic Conference adopted the 1951 Convention Relating to The Status of Refugees. The 1967 Protocol modified this Convention and adjusted the ambiguously defined aspects.
The Convention defines the term 'refugee' in terms of the legal rights, social rights, and other support a person is entitled to. Obligations of refugees concerning their host countries are also detailed in the Convention.
The Convention makes it clear that war criminals and certain other categories of people are not entitled to refugee status. For example, a person who has committed a crime against peace or humanity will not be granted refugee status. Similarly, someone who has committed a non-political crime outside the host country will not get refugee status. Those who have been proven guilty of acts contrary to the purposes and principles of the United Nations also will not qualify.
A few other agreements are in force, such as the 1969 OAU Refugee Convention in Africa, the 1984 Cartagena Declaration in Latin America and a Common Asylum System in the European Union, supplementary to the 1951 Convention.
The 1967 Protocol added a perspective that enabled the world to view the problems of the refugees as a problem of displacement, to the 1951 Convention, a step widening the scope of support to include livelihood, education, and other similar needs.
The International Human Rights Law also provides additional protection to the refugees under its provisions.
All the above laws and protocols have given some solace to millions of refugees so far.
Definition of ‘Refugee’
As per the international laws and agreements discussed above, a refugee is defined as “a person who is outside his or her country of nationality and habitual residence; has a well-founded fear of being persecuted because of his or her race, religion, nationality, membership of a particular social group or political opinion; and is unable or unwilling to avail him- or herself of the protection of that country, or to return there, for fear of persecution” (unhcr.org).
People who satisfy this definition have a right to be protected and are bound to obey the duties delineated in the 1951 Convention.
A migrant differs from a refugee in that he or she leaves their country, not resulting from, or out of, fear of persecution. Even when staying abroad, migrants are protected by the rules and laws of their own countries. However, the only protection that refugees get is from the legal system of the host countries.
When refugees voluntarily return to their country as the situation permits or settle in the host country permanently, their refugee status ends.
Rights of the Refugees
According to internationally approved laws and conventions, a refugee has the following rights in his or her host country-
- The Principle of non-refoulement (a refugee should not be returned to a country where he or she faces serious threats to his or her life or freedom)
- The right not to be expelled (except under specifically defined conditions)
- The right not to be punished for illegally entering the territory of a host state.
- The right to work
- The right to housing
- The right to education
- The right to public relief and assistance
- The right to freedom of religion
- The right to access the courts
- The right to freedom of movement within the territory
- The right to be issued identity and travel documents
The Principle of non-refoulement applies to all the world's countries, including those who have not signed the 1951 Convention or the 1967 Protocol.
There is a difference between an asylum seeker and a refugee. An asylum seeker requests asylum in a host country, but only after this request is approved does he or she get refugee status
The Refugee Crisis: The US Situation
The US was the leading country in resettling refugees on its soil until the first Donald Trump presidency. During the first Trump era, Canada surpassed America in number of refugees resettled. Under the 1951 Refugee Convention and its own domestic laws, the US has a legal obligation to consider the claim for asylum by an asylum seeker under international law if the asylum seeker arrives on its soil.
As the US has signed the International Convention against the torture of refugees, the country cannot send back the refugees to a state where they might face harm or torture. The international laws and conventions the US has signed also ensure that no one is discriminated against by race or country when considering immigration.
Refugees and the United Kingdom
In July 2023, the UK government adopted the Illegal Migration Act, which denied asylum to those who entered the country “irregularly”.
Under this law, people arriving in the UK without proper documentation were to be arrested immediately and sent back to their home country if it was “safe to” or “to a safe third country”.
This new law violated the 1951 Convention, and the UK Supreme Court ruled it unlawful.
The newly elected UK Prime Minister, Keir Starmer, threw away this flawed and inhumane law of the previous government, including its plan to relocate refugees in Rwanda, and reiterated that the government would allow the processing of the applications for asylum by the refugees.
He also announced £ 84 million in funding to African and Middle Eastern countries to address the problems that lead to refugee crises at their source. This funding will go into the “migration and development” programmes in Africa, the multilateral support to host and transit countries such as Libya, Ethiopia, and Egypt, supporting Syrian refugees, and supporting communities in Sudan, Chad, and Ethiopia.
Refugees Need Host Countries and Social Support
After weeks of unrest against immigrants and racial minorities that the British Prime Minister called “far-right thuggery”, Britain saw people on the streets, raising anti-racist slogans and holding placards that declared that refugees are welcome. These visuals reiterated that the world has not lost its humanity. Yet, the enormous scale of the needs of refugees necessitates concrete and immediate plans, under which countries have to open up their borders and prepare to give the displaced a better life.
References
Global Refugee Crisis Growing Worse, With Aid Workers Near Breaking Point, Little Respect for Basic Rules of War, High Commissioner Warns Security Council, May 30, 2024, press.un.org
The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol, UNHCR.
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