Asylum

Throughout human history, people have sought asylum from various forms of persecution for their political affiliations, religious beliefs, and social practices. Asylum is the act or process of seeking protection from serious forms of persecution that could lead to harm or death. Persons who ask for asylum are called asylum seekers. Those persons whose claims for asylum are formally recognized are called refugees. In previous historical epochs, churches were often places of sanctuary or asylum. Today, it is primarily the nation-state that provides protection to those seeking asylum in the form of temporary or permanent residence or citizenship status.

In 1685, French Protestants fled France with the revocation of the Edict of Nantes that had previously granted them religious tolerance. This event marked the beginning of the modern tradition of asylum, with the Marquis of Brandenburg granting protection to the fleeing Huguenots. The contemporary asylum system and the related definition of refugees were codified after World War II. Indeed, it was the shortcomings of the international community and individual nation-states in giving protection to people who were persecuted for their race, religion, nationality, political affiliation, or membership of a social group, and the massive human rights violations and deaths that resulted during World War II, that helped to gather momentum for a robust international protection system. First, the 1948 Declaration of Human Rights enshrined the right of the individual to seek protection from persecution. More specifically, the 1951 Geneva Convention Relating to the Status of Refugees defined [Page 110]those needing protection. Those nation-states that have signed the Refugee Convention are obliged to properly assess the claims of people who claim asylum and are present in their territories. People may not be returned to the source of the persecution if a “genuine and well-founded fear” of that persecution remains. People seeking protection under the Refugee Convention must be outside of their country of origin, and claims must be made for each individual case. The Office of the UN High Commissioner for Refugees (UNHCR) oversees the international protection system and guides and advises nation-states in meeting their obligations to people who need protection.

Today, asylum is first and foremost a human rights issue. The contemporary refugee system offers protection to those fleeing situations of persecution, armed conflict, and violence. The tension in this system is between international ideals and their fulfillment at the level of the nation-state. Throughout the 1990s, many states felt burdened by asylum migration and other migration flows. During this period, many nation-states erected barriers to the arrival of unwanted migrants, including people seeking asylum. Increased border surveillance and extraterritorial surveillance measures at international airports and other transit points have made it more difficult to seek protection. For those who manage to enter a nation-state and lodge a claim for protection, internal deterrence measures were increased throughout the 1990s. Such measures include limited or no work rights and little or restricted access to welfare, housing, education, and health care rights.

People seeking asylum are one category of migrant among many other “types” of migrants. Migration falls broadly into the categories of voluntary and involuntary (forced) movement. Migrants are also often classified by states as authorized and unauthorized, denoting whether or not they have passports and other travel documents such as visas to regularize their entry into the territory of a state. Voluntary migration includes skilled and unskilled workers and family reunion migration and is usually regulated through visas and formal application processes. Involuntary migration is characterized by some form of coercion or force, where an individual is compelled to leave his or her country of origin. This category includes refugees, asylum seekers, people who are trafficked across borders, and people who migrate for economic reasons or following natural disasters. Involuntary migrants most often do not have authorization for their journey and may be regarded as security risks. The arrival of persons without a legal right to stay in a nation-state is often seen as a challenge to the sovereignty of that state.

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