Rights in Crisis
Right to Asylum
Seeking asylum is a vital safety net for those who cannot find protection from abuses in their own country, and so have to flee to find safety elsewhere.
Global standards to protect refugees
In 1951, the United Nations adopted the Convention Relating to the Status of Refugees, the cornerstone of refugee law which sets out the basic rights of refugees. These include access to education, employment, and health care, and freedom of thought and movement. Most importantly Article 33, concerning ‘non-refoulement’, prohibits the enforced return of a person to a territory where he or she may be exposed to threats to life or liberty. The right to seek asylum is also itself enshrined in the 1948 Universal Declaration of Human Rights.
Are these rights met?
These rights remain unfulfilled for many: from the 200,000 Sudanese refugees sheltering in harsh conditions in Chad, to the Afghan refugees in Pakistan, and the Somali refugees in Kenya who have remained in camps for decades without a solution, and the 150 Congolese refugees massacred in Gatumba camp in Burundi in August 2004. Violence, insecurity, and inadequate assistance are daily realities for many. The countries that host them may contain openly hostile elements, may erect barriers to prevent them from crossing their borders, or may simply be unable to cope with the impact of a large influx of destitute people.
Refugees’ rights to protection are just as frequently not met in prosperous, stable countries. In the countries of the EU, asylum policies and practice can result in hardship and violations of the rights of people seeking protection: they may be denied access to legal processes to claim asylum, or forcibly detained, or forced to return to places where their lives or safety are at risk. In Australia, asylum seekers who arrive to Australia without a valid entry visa are forcibly detained under a mandatory detention policy that undermines their basic human rights.
