Right to Asylum According to the International Law

It is very true that in the world today there is dissection of defensive states that undertake limiting affiliate policies. A major catastrophe related to humankind being contributed by this reality concerns the trouble of world refugee. Despite the fact that there are numerous internally displaced people in different countries through out the globe, and that compelled disarticulation of people is directly linked to the destruction of the rights-securing attachment within an opinioned community, the refugee occurrence would be inexistent just in the like manner if the globe had no exclusive territorial states separation. Instead of delineating a normative remedy to this stated setback on the overt ideological assertions, this paper will attempt to evaluate an optional way to handle the issue in relation to the international law (Ashford, 2007).

In any philosophical approach aimed at an attempt to find solution to the problem of protecting the asylum is confronted by the role of defining the word refugee. This becomes very vital since the definition acts as the fundamental and requirement for the discussion. The tradition linking to the position of the refugees defines an asylum an individual who, owing to well-grounded dread of being prosecuted for reasons such as race, nationality, religious affiliation, membership in a specific social assembly or political view, is externally displaced from the original country of nationality and is not able to provide for himself the necessary security in the present country of refuge (Ashford, 2007).

This definition even though considered as being a standard has met numerous controversial issues with frequent criticisms claiming its narrowness. The principal disagreement regards the question of whether people for who the cause of withdrawal is not maltreatment should also be added in the kind. This is to imply that, the issue concerns whether a maltreatment necessity comprises a prerequisite for passing the test of being claimed as a refugee. The prime issue the paper’s concern is not necessarily how to make definitions, but to enter into a consensus acceptance that the necessity for fortification more universally, in spite of whether the requirement results from civil war, persecution, paucity, famine or a natural calamity, comprises basis for being suitable candidate for asylum? In philosophical terms, there is a case to be constructed for a widened definition of refugee on the grounds of voluntariness in relocation (O’Neill, 2000).

Prior to a more close evaluation of the sources imposing roles to safeguard the right to asylum and the linkage between these tasks and the agents, it becomes very necessary to securitize the recent world efforts towards finding a living solution for the trouble, that is, the rationale behind ways in which the fundamentally responsible agents in safeguarding the legal rights to refugee are established (Haddat, 2008). The so-called a world migration framework is what is constituted by collaborating territorial states in the modern globe. A globe dissected into territorial states exists with a complicated structure for migration being at everyone’s disposition. Through the structure, states are linked to each other via railroads, roads, harbors and airport and due to form the corporeal hindrance of migration to almost anywhere in the globe is on the decrease (Dummet, 2001).

In addition to the tangible structure, the structure for world migration is composed of institutional imperatives and relative schedules in existence between states. One of the basic things expected of the state is to offer passports to the citizens participate in the boarder management and acknowledge the global duties on hoe to treat intruder within their territories. In the recent times, the institutional principles in the world migration configuration take an irregular form. Even though the international law includes a universal outlet or way out from any individual state of residence, it ends the limitation of identifying a universal entry right (Suhrke, 2008).

According to UDHR Article 13(1), the right to movement and freedom is granted to all individuals and residence within the geographical boundary of each state. In the Article 13(2), there is a statement that asserts that it is the right of every individual to migrate from any country, including the country of origin, and to return back in whatever time. This is to means that a general or universal entry right is not in existence and it is beyond individual’s choice, with only the right of exist being within the decision capability (Haddat, 2008). The irregular form of the international migration makeup implies that the forced displacement of individuals results to dependence on the right to asylum for assuaging the victims’ penury. This reliance is known to the institutional regulations in principle, as the article 14(1) of the UNDHR agreements “seeking and enjoying right in other states’ asylum from maltreatment at least to a degree they are for crimes of political nature.” Nonetheless, practically the international law does not allocate any tasks for states to endow asylum and the state’s right to endow asylum takes preference over the individual’s rights. The basic principle in the international structure of migration that is entitled with the asylum right safeguarding mandate is the non-refoulement code, which is acknowledged by all nations (Brock, 2009).

According to the principle of non-refoulement provided in the Article 33 of the refugee conference, states are mandated not to expel people to places where a threat of being exposed to maltreatment exists (O’Neill, 2000). This is an implication that each state is obliged to process the refugee claims of just those people making first-asylum declarations on their jurisdictional territories. Nevertheless, even this necessity seems to be a weak one. If it is considered that the refuge seeker has gone through other countries after exiting their exodus states, states reserves the right to revisit the refuge seeker to the original state of arrival without processing refuge appliance, or to a secure third state. In addition to being able to control over the determining process on whether the first-asylum seekers claiming for relocation are in reality compulsorily dislocated and thus gains eligibility for the status of refugee, countries also make their own judgment with reference to the degree of their own tasks towards refugees. If the assertions are considered valid by the country in which the refugee declares are filed, and if the state thinks that it has not yet fully discharged its roles towards asylums, the right to refuge has security provided by the state via compliance with the non-refoulement rule (O’Neill, 2000).

According to this, the recent international structure of migration refugees is deeply reliant on luck and states benevolence. The known role of countries to safeguard the asylum right in the ongoing trends on international structure of migration essentially take the above form: a set of principles that allocates an accountability task to every agent in the group in the sanctuary right safeguarding. The structure for world or international migration in which the key rationale of safeguarding the asylum right via the request for the non-refoulement doctrine has resulted to a state of affair where countries have wicked prize inducements to distract the flow of refugees towards other countries. States involves in practices with prime objective to circumvent coming under the refoulement compulsion, and they believe in free-riding as a reasonable stratagem (Dummet, 2001).

Any filed declaration concerning refuge on a state’s territory efficiently discharges other states from load-bearing in the safeguarding of the asylum right. One of the most common strategic plans used to circumvent being the allocated bearer of the asylum right protection role is non-entrée strategies. Proactively, numerous states have amid other things put into practice very stringent visa necessities, reprimanded profession of illegal asylum seekers, structured global zones to airports, and tried to emphasize on the government on the departure states to restrict the movement of asylum seekers towards them (Dummet, 2001). The sole forced restriction on this strategic rationale is the difficulty increased from domestic refugee proponents, organizations for international human rights, and other states. A major reason for the ongoing international structure for migration facilitates coherent approaches such as non-entrée policies and sinister verdicts on refugee’s status is that there is no existence of any collaborative consensus on impartial burden-sharing between countries and joint enforcement methods in safeguarding the asylum right (Dummet, 2001).

In the words of Brock (2009), the non-refoulement dogma supposed to act as a basic refugee security provider doctrine actually does nothing to warrant a just and fair refugees’ circulation between countries. In its place, the principal distributive sense in the doctrine is propinquity. As the structure for global migration currently signifies the first-asylum declaration made in a single state efficiently liberate other countries from their roles towards claim-fillers as well as towards the country’s in which the claims are filed. There is completion between countries concerning who to bear the burden of safeguarding the asylum right. With no other specified country having a known obligation to share the load with the fist-asylum states, this includes that the first-asylum conditions are frequently stuck with the asylum petitioner without any warranty that the duty to safeguard the asylum right is in a fairly manner distributed (Brock, 2009).

If acceptance for overall capacity-based responsibility to safeguard the asylum right when the empirical safety measures and the fundamental chances of members are not at stake, there is still a controversial issue concerning indeterminacy when presented with numerous acknowledgeable obliged agents. It is popular to come across assertions appealing that the global community is expected to retaliate in response to the challenging issue. Despite these types of claims withholding some instinctive plea, particularly when there is an urgent world crisis that surpasses institutional structure solution of an individual country, they leave the puzzle of allocated specific role-holder unrequited (Brock, 2009).

According to Onora O’Neill’s argument, in absence of determinate institutional organization the rights requiring optimistic help results only to oratory rather than prerogative. Rights fundamentally identify what to be received implies, and role denotes the responsible agents for provision of what is to be received by the right-holders. The task given to the responsible based on the pessimistic task of not to infringe is very clear and self explanatory since it is dispersed to every individual. It is somewhat less palpable when a harmful role has been infringed on how the obligation to provide security is assigned as pointed before. When individuals shift the aptitude to safeguard the dispersal of obligatory responsibility seems further less palpable, as the aptitude based task does not intrinsically involve a similar distributive model as the obligation to not disrupt or role to resolve damage committed. According to O’Neill, an individual with a claim-right states that her rights have been infringed, but not unless duties to convey have been recognized and dispersed, she will not be in a position to comprehend where to press her claim, and it will be chronologically ambiguous whether there exist any doer or someone violating or neglecting her rights (O’Neill, 2000).

The matter of specific allocated states is fundamentally about second-order combined responsibility. Every state is solely restricted by a responsibility towards refugees despite the comparative efforts of other role-holders., and this role derives from the roles of members to support non-members. Failing to act in accordance to ways of safeguarding the asylum right inflicts moral guilt on all states that are capable of protecting, but have not yet done so. In addition to moral blame, as a distinct combined agent, nonetheless, states also share a collaborative moral blame for failing to distribute their separate obligations towards the asylum through a combined action that comprises of an effectual retaliation within the confines of their responsibilities. This perspective is based on an argument with reference to which the structures of institutions in allocating obligations are not needed prior to the knowledge of assistance-based rights (Ashford, 2007).

As noted by Ashford Elizabeth (2007) in her critic on O’Neill’s claims, structures of the institutions are indispensable to the rights comprehension but not to their being. Rights that are basic in essence exist autonomously from the institutions that describe and assign the role of assistance in virtue of the general moral or ethical status of human beings.

Instead of gaining a specific set of institutions with allocated dispersive responsibilities proceeding to the right, the right can attract interpretation which offers an examination on whether existing institutions are modestly fair (Ashford, 2007).

According to Dummet (2001), the being of ethical rights is nor reliant on the political acknowledgement or enforcement. Despite the fact that institutions may be structure to impose them, the actuality of ethical rights is not rather institutional, but merely normative. This is to mean, the recent world migration structures should be scrutinized in the light their capability to safeguard the asylum right. If the international structure of migration in its recent form fails to protect the basic right to asylum to all who require security due to an infringement and if the reason failing is logically avoidable, an argument that that the structural form is unfair made be reasonable.

Due to inexistent of a chronological structure of world migration or the reality that states comprise a random collection of group agents does not differentiate anything here. A casual agents group may at times be morally held responsible for failing to systematize itself as well as its inability to act. According to Suhrke (2008), a random group of people may ne ethically accountable for not comprising itself into a group able to make decision concerning an action which a rational individual feels that it is obvious that active rather than passive by a group is required in the situation. Arguing from this perspective, it would be repugnant to propose that duty of states to systematize a system of cooperation is reliant on the precedent connection of state to each other rather than the recognition of such cooperation systems. Actually, states in the international migration organization have more strong bonds to each other than a random group of persons in specific corporeal space witnessing an incident. According to the institutional theory of world justice, an elaborate world institutional order exists that is instated by global sovereign states. In an active way, state involve with each other on global forums and reflect on world problems such as the international economy, change in climate and crisis in humanitarian issues (Suhrke, 2008).

Most of the countries also have linkages on the trade matters and diplomatic connections with each other. Several countries have self-protective accords and open border treaties, numerous states have twisted historical backgrounds, and the very formation of all countries is connected at minimal to the conditions and occurrences in the nearby states (Dummet, 2001). The need of collective systematization relies upon the knowledge that actions rather than inactions are needed, and the recognition of a reconstructed migration structure that would be more efficiently offer overall security for the asylum right. Off-course there is overall world recognition of the reality that action and not inaction is required in order to find remedy for the problem concerning refugees and the puzzle mainly concerns the political will to involve in action. If in the recent political condition it is not practical that for the compulsorily dislocated would be offered asylum in a more developed state, this figure is generally low in respect to the level of human progress in these states as well as the basic essence of the concern in having an access to refuge (Dummet, 2001).

This recapitulation is reinforced by the predicted population increase in the developed countries. The predicted population increase between the years 2008 and 2050 in the developed countries is +5%, with the growth in the less developed countries in 2008 having a sum total of 797 million people with a predicted increase of +109. States governments also recognize that the load in protecting the asylum right is dispersed in an unjust manner between countries. A brief review of data provides vey strong proof of the fact that the dispersive of burdens is tremendously uneven. According to reports provided by UNHCR, in the peak of 2008, progressing countries hosted a very big fraction of all refugees in the world. All together, the number of refugee that were hosted by these third world countries constitutes 8.4 million refugees, of which the 49 least progressed countries offered asylum to about 18% (Brock, 2009).

The largest number of refugees was hosted by Pakistan in connection to its economic ability. The second country to host the largest number of refugees was the Democratic Republic of Congo with approximately 496 refugees per capita, closely followed by the Tanzania, the SAR, and Chad. This clearly indicates how the less developed countries are left to handle most of the burdens in safeguarding the asylum rights, and the developed nations with far greater levels of well-being continues to avoid the responsibility by not distinguishing themselves and be among the countries that have called for concerted efforts to accommodate refugees (Ashford, 2007).

The first country in the list of the already developed countries to show dedication concerning this matter only remains to be Germany which is known to accommodate about 16 refugees per capita. The uneven burden-sharing and the incompetence of the attempts to protect the asylum right to all who have been violated recommends that there should be tasks allocated to the individual states regarding restructuring of the migration structure. The absence of political determination to act does not in itself comprise an adequate reason to release states of their tasks and responsibilities to jointly organize themselves and jointly work towards protecting the asylum right (Ashford, 2007).

The puzzling issue concerns the assignment of duty and the form of restructuring that still lingers. How should the world migration structure be reconstructed in order for it to involve machinery that is more efficient in protecting the asylum right and assign duty between countries more fairly? The primary thing towards a fairer world migration approach would entails widening of the term “refugee” to include non-agent connected withdrawals that compose forceful dislocation of human beings. Secondly, it would involve the shift of technique of the refugee status fortitude process and its mistake under the management of international organization such as the UNHCR. This would form a general set of analyzing the advantages of asylum claims and mitigate dangerous verdicts (Brock, 2009).

The third step involves reinforcing internationally responsible institutions such as the International Criminal Court, the concluding burden of safeguarding the right to asylum would be assigned in a fairer manner. Lastly, rejection of the non-refoulement doctrines and implementing the integrative system of asylum security that regards awareness needs of sharing the burden. This would include the incentives cut off to involve in non-entrée plans, as the first-asylum states would not unavoidably be the conclusive states where the eventual provision of asylum is done. Even though the last form of the integrative form retaliation to safeguard the asylum right is left in display here with very numerous suggestions for consideration (Brock, 2009).

In conclusion, the paper has highlighted ethical rights to asylum and assessed the sources that inflict states obligations to safeguard it. The paper has described how the asylum right is a primary right, and the objective is to offer its safeguarding to all persons despite their communal background. The accountability framework inflicts obligatory duties to secure the asylum right in cases where agents have not conformed to the responsibility not to hurt. According to this paper, if the accountability framework were the only reliable source of obligation, the right to asylum would remain a very unstable right. The following obligatory role source to safeguard the asylum right involves the ability to do so. The paper has arguably shown that when empirical protection and the fundamental chances of nationals are not compromised, countries are obliged to secure the asylum for intruders.

In the final remarks I claimed that, states have integrative obligation towards reconstruction of the world structures of migration in a manner that makes it to boost efficient response and sharing of this burden. The recapitulation recommends that there is a need to shift away from the ongoing recent institutional actions of separated obligations of non-refoulement, and towards an arrangement where there is assignment of the preliminary refugee quotas to state with reference to more aim standards of analysis.


Ashford, E. (2007). The Duties Imposed by the Human Right to Basic Necessities. Oxford: Oxford University Press.

Brock, G. (2009). Global Justice: A Cosmopolitan Account. Oxford: Oxford University Press.

Dummet, M. (2001). On Migration and Refugees. London: Routledge.

Haddad, E. (2008). The Refugee in International Society: Between Sovereigns. Cambridge: Cambridge University Press.

O’Neill, O. (2000). Bounds of Justice. Cambridge: Cambridge University Press.

Suhrke, A. (2008). Burden-Sharing during Refugee Emergencies: The Logic of Collective versus National Action, Journal of Refugee Studies, 11, Pp.396-415.

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