Asylum, Migration and Refugee Protection: Realities, Myths and the Promise of Things to Come

It is an unfortunate but true cliche that we live in a seriously troubled world. Turbulence and conflict in many parts of the world from Africa to Iraq and Asia, as well as persecution of peoples because of their ethnicity, politics or religion in countries on all continents continue to be facts of modern day life. We also live in a world the population of which is increasingly mobile, where horizons are ever broader and where the impetus to migrate has its roots in a myriad of social, economic, political and human rights 'push' and 'pull' factors. Conflict, human rights violations, lack of social progress, economic under-privilege and sharp divisions between the 'haves' and the 'have nots' will variously continue to push Sudanese, Uzbeks, Iraqis, Afghans, Sri Lankans, Somalis, Liberians, Chechens, Montagnards and Acehenese, to name but a few groups, towards and across the borders of other countries. These other countries will not only be those which traditionally receive large numbers of refugees. They also include countries with economies in transition, countries on transit routes, and countries where prospects look just that little better. Mobility cannot be prevented. The odds are against this, not least because of the impossibility of policing all the world's borders and the prevalence of people smuggling and trafficking. As far as refugees are concerned, prevention of flight, which denies them their basic security and safety is not only impossible, it is also not permitted under international law. The objective therefore should not be to prevent movement, but to manage better the many sensitive issues at stake, including national security and identity, social harmony and economic progress, in a manner which protects individual rights and State interests, promotes a proper sharing of responsibilities and maximizes the benefits that migration of all sorts can bring to host societies. This paper offers some reflections on the issue of asylum: the challenges of upholding asylum in the context of mixed migration flows; on cooperation and responsibility sharing; and on possible approaches in this regard. The paper reflects upon efforts to devise new approaches, which are being built around regional initiatives situated in countries close to the origin of such flows. These reflections are situated in the context of the major geopolitical changes that have impacted on refugee movements and on the asylum policies of all affected States. In addition, the paper comments on what is lawful and what is doubtfully legitimate from an international protection perspective and suggests possible initiatives to meet States' responsibilities regarding individuals' protection needs, within a framework of rights and law, while respecting the legitimate concerns of States.