Authors: Mohit Sharma, Sandile Dube & Chiya Raj.

Abstract:

The refugee crisis has emerged as one of the twenty-first century’s most pressing human rights issues. International human rights law establishes a framework for protecting refugees, guaranteeing their right to seek asylum and protection from persecution. Key instruments like the 1951 UN Refugee Convention, its 1967 Protocol, and regional frameworks like the 1969 OAU Refugee Convention establish states’ legal obligations to refugees and asylum seekers. However, despite these legal safeguards, many refugees face systematic violations of their rights. This is a result of restrictive immigration policies, xenophobia, and insufficient enforcement of international treaties.

Thesis statement:

To get into context, this paper investigates the political and legal aspects of the refugee crisis from the perspective of international human rights law. It analyses how important international actors such as governments, regional organizations, and the United Nations High Commissioner for Refugees (UNHCR) respond to the refugee crisis. This study highlights the shortcomings of international legal frameworks and emphasizes the need for a more robust, rights-based approach to addressing global refugee issues. Additionally, the paper highlights the limitations inherent in current international legal structures, proposing areas for future research and policy reform.

Introduction:

The movement of people across borders as a result of conflict, persecution, or natural disasters has increased in recent years, making the refugee crisis a pressing issue in global governance. International legal frameworks, particularly Article 14 of the Universal Declaration of Human Rights (UDHR) and the 1951 Convention Relating to the Status of Refugees, uphold the fundamental human right to apply for asylum. These legal tools require governments to defend people fleeing persecution and enforce the non-refoulment principle, which forbids sending refugees back to nations where they risk danger (Khan, 2016:56). The 1951 Convention establishes a minimum standard that refugees should be treated in the same way as non-citizens generally, even though it also requires several fundamental rights for refugees, including administrative support, asset transfer rights, and assistance with naturalization (Khan, 2016:56). Many refugees face a very different reality despite these legal protections. Political pressures, national interests, and security concerns frequently result in restrictive immigration laws that restrict asylum eligibility. In host nations, refugees commonly face prejudice, incarceration, and substandard living conditions; exposing a discrepancy between legal obligations and real-world behavior.

Who is a refugee?

A refugee is a person who does want be a refugee. The term is derived from the Latin root which means ‘to flee’ (Androff, 2022). The most widespread, relevant and detailed definition of a refugee comes from ‘The 1951 Refugee Convention’ as:

“owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”.(UN, p.14)

This definition can itself be divided into certain components to dig deeper into the question of who is actually a refugee. “The fear of persecution” that prevents return is the essence. “Well founded” means that refugee fears are assessed for credibility; that means the endangered person has certain solid grounds mentioned in the definition itself, like “race, religion, nationality,” which are well-established grounds on the basis of which one can be considered a refugee. Additionally, the most dynamic clause of the definition, i.e., “membership in a particular social group,” has been variably interpreted to include social groups like women, gender and sexual minorities, victims of gender-based violence, child soldiers, tribal or ethnic groups, educated elites, and people in poverty. “Outside the country of his/her nationality” means that one must cross the international boundary in order to be declared as a refugee. (Androff, 2022)

Trends of refugee crisis in contemporary times:

The contemporary refugee crisis poses one of the most pressing humanitarian challenges which are shaped by armed conflicts, political instability, climate change and religious and communal persecution. As per the United Nations High Commissioner for Refugees (UNHCR), the number of forcibly displaced people surpassed 110 million as of 2023, highlighting an unprecedented global challenge (UNHCR, 2023). This paper examines key trends in the refugee crisis and presents case studies to highlight the complexities involved.

Trends in the Refugee Crisis:

1. Increase in the Forces Displacement: Protracted conflicts in nations such as Syria, Afghanistan, Myanmar and South Sudan have contributed in the drastic rise of refugees, asylum seekers and internally displaced persons (IDPs). The rise of civil wars, ethnic violence has contributed more to this crisis leading to long-term humanitarian crisis.
2.  Protracted Refugee Situations: Many refugees remain displaced for decades without a clear path to resettlement or repatriation. For instance, Afghan refugees have been living in Pakistan and Iran for over four decades, while Palestinian refugees remain stateless across several Middle Eastern countries.
3. Climate Change and Environmental Displacement: Rising sea levels, desertification, and extreme weather events are contributing to forced migration. Countries such as Bangladesh and Pacific-island nations are experiencing increased displacement due to climate-related disasters.
4. Restrictive Migration Policies: Western nations have tightened their asylum policies, making it harder for refugees to seek protection. Agreements like the EU-Turkey deal (2016) and the UK-Rwanda migration plan (2022) highlight the shift toward externalizing refugee processing. This trend also highlights the increasing tensions between the western and eastern nations.
5. Rise of Nationalism and Xenophobia:  Anti-immigrant sentiments and right-wing populism have influenced refugee policies, especially in the US, Germany, and India (Ghosh, 2021). The forced securitization of refugees has led to stricter border controls and refugee deterrence strategies.

 Case Studies of Major Refugee Crises:

The globalised world is witnessing the multiple crises of refugees such as the Syrian civil war, Rohingya crisis, Venezuelan refugee crisis, Afghan refugee crisis and recently Ukraine refugee crisis. The Syrian civil war, which began in March 2011, has resulted in one of the most significant refugee crises in modern history (Khan, 2016:55). Approximately nine million Syrians have been displaced, with many seeking refuge in neighboring countries, the European Union, and elsewhere. By December 2015, one million asylum seekers had arrived in the EU, sparking debates about resettlement policies, with some states citing legal obligations to protect refugees and others prioritizing political considerations to limit entry. While the majority of Syrian refugees remain in the region, approximately ten percent have sought asylum in Europe (Khan, 2016:55). This crisis has sparked widespread criticism of the international community’s response, raising concerns about states’ legal obligations to asylum seekers and the efficacy of international refugee laws (Khan, 2016:56).  

International human rights laws and refugee crisis:

International action for refugees started only after the First World War when the Russian Revolution brought in its train a problem of refugees numbering approximately 1.5 million. The League of Nations dealt with this problem through its newly made international agency for refugees, and many agreements were adopted. Thanks to the initiative of the International Committee of the Red Cross, the League of Nations High Commissioner for Russian Refugees was made. (Paul WEIS, n.d)

The Second World War and the major political and territorial changes which it brought about created a vast problem of refugees and displaced persons.  “In the wake of the mass exodus of refugees fleeing Nazi, Fascist or Quisling regimes during and after World War II, the newly established United Nations General Assembly unanimously agreed the text of the Universal Declaration of Human Rights in 1948.” (UNGA Res. 217A (III), 10 Dec. 1948) The Declaration, as a Resolution of the General Assembly of the United Nations, is of course not legally binding but it incorporates a number of generally recognized principles.

The drafting of a separate treaty on refugees immediately after the second world war was a pragmatic response to the reality surrounding Europe. United Nations High Commissioner for Refugees (UNHCR), was set up in 1950 by the General Assembly to work in cooperation with States to ensure the protection of refugees and seek solutions to their plight. Central to UNHCR’s mission has been the practical realization of the right to seek and enjoy asylum, originally enshrined in the Universal Declaration of Human Rights 1948 Article 14 (“Everyone has the right to seek and to enjoy in other countries asylum from persecution”) and given effect through the 1951 Convention Relating to the Status of Refugees and 1967 New York protocol in which the  peculiarity of the definition was extended to include refugees from all over the world rather than from Europe (Bazirake,2017).

International refugee instruments provide a full complement of human rights standards for refugees. For example, Article 3 of the 1951 Refugee Convention provides that state parties shall apply the provisions of the Convention without any discrimination based on race, religion, or country of origin of the beneficiary. Article 4 magnifies freedom to practice religion and religious education. Article 16 provides that a refugee shall have free access to the courts of law on the territory of all contracting states. Articles 17, 18, and 19 govern the granting of access to employment opportunities to refugees, and Article 21 provides that refugees shall be accorded, as regards housing, treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances. (UNHCR)

There are many rights in the 1951 Convention, these rights are also protected by international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Social, Economic and Cultural Rights (ICESCR), the Convention against Torture (1984), and the Convention on the Rights of the Child (1989) that may provide even broader legal protection and effectiveness than the refugee instruments. (Gorlick, 2000)

It also works to uphold the human rights of other people, including stateless persons—people who are not considered nationals by any state. “You can become stateless if a national border shifts; if you are born somewhere that lacks birthright citizenship, such as the children of immigrants.” (Androff, 2022) – as well as internally displaced persons who have been forced to flee their homes but remain within their countries of origin. The right to a nationality is also a universal human right (UN,1948). And what is considered the cornerstone of international protection, prohibition of expulsion or forced return of a refugee (non-refoulement) against his or her will to a territory where he or she fears threats to life or freedom. Rights of refugees in this circumstance include right not to be penalized for unlawful entry, right to minimum conditions of stay, right to public relief and assistance, among others. Apart from this, they are also provided certain safeguards such as right to be informed, protection against discrimination and suspension of returns. (UNHCR, 2017).

International cooperation and responsibility sharing:

A number of other international human rights treaties have been developed other than those mentioned above, suggests that international society engaged itself to further collaboration and cooperation in terms of dealing with the refugee crisis. (Gorlick, 2000)

However, the question doesn’t arise from the policy formulations but from the compliance and legal obligations that the states have pledged to undertake. Whether states choose to formalize international obligations through enacting legislation, establishing national mechanisms that can deal with human rights complaints, promoting broad interpretation of constitutional human rights provisions, or otherwise ensuring that state agents are obliged to respect certain international norms. What cannot be disputed is that these obligations must be implemented in good faith, that may vary country wise. (Gorlick, 2000)

States are faced with the challenge of how to balance their legitimate interests and sovereign rights to control their borders and manage irregular migration with the commitments they have made under international law for the respect of human rights and its humanitarian traditions, including the right to non–refoulement as well as commitments to leave no one behind without any distinction. (Sianni, 2024) The extent of UNHCR’s involvement in such initiatives very much depends on the country conditions and the political commitment on the part of governments to comply with international refugee law standards and cooperate with the Office and other actors. (Gorlick,2000)

Many States have taken measures to close their borders in the expectation that those displaced would stop coming but this does not work at all, the human cost in terms of harm to individuals or loss of lives can be huge. States have also attempted to restrict the rights of people who have made it to their territory as a means of dissuading them to stay or persuading them to return. Measures have primarily focused on restricting the right to work or access education or subjecting people to arrest and detention at times without recourse to the rule of law. (Sianni, 2024)

The adoption of International Criminal Court, in addition to corresponding developments at regional and national levels are all examples of the growing consensus to consolidate human rights principles into effective binding legal instruments and enforcement mechanisms which the international community of states are obligated to respect and maintain. (Gorlick,2000)

The first priority for the international community and each UN Member State is to contribute to common efforts address the root causes of displacement. Second priority has to do with how we treat refugees when they are found in the midst of the societies we live in- to do unto others as you would have them do unto you. (Sianni, 2024)

Limitations in International arena dealing with refugee crisis:

The issue of refoulement takes the centre stage in discussions pertaining refugees and their rights. This principle applies to all migrants at all times, irrespective of migration status (OHCHR, 2018). The principle of non-refoulement not only forbids the state from directly sending the person back to a place of danger but also stops it from indirectly creating circumstances to compel the person to return. Over time, the principle has also found place in various human rights treaties such as the Convention against Torture, Inhuman or Degrading Treatment or Punishment (Article 3), the International Convention for the Protection of All Persons from Enforced Disappearance (Article 16) and other regional human rights regulations. Non-refoulement has been recognized as an integral part of human rights by various organizations, such as UN Human Rights Committee and European Court of Human Rights (Soering v. The United Kingdom, para. 88). In 1949, the principle of non-refoulement was also included in the Geneva Conventions, primarily with regard to detainee transfers, but also to protect the civilian population. At its core, the principle of non-refoulement is considered to form part of customary international law (Amoeschler, 2025). Being a part of customary international law, means that it is binding on all states even if they haven’t explicitly signed a treaty regarding it.

However, the ability of international arenas to effectively enforce this principle has been limited by various procedural and substantive barriers (Sternberg, 2014). One key issue is the tension between national security interests and the protection of human rights. Additionally, the rise of terrorism-related grounds for inadmissibility has further eroded the rights of asylum seekers, with their claims being summarily denied (Sternberg, 2014). Among other reasons for the denial of claims are: misinterpretation of the provisions, exploitation of the loopholes by the state, stricter border control measures, lack of a clear and consistent definition of the term and the decentralized nature of the international refugee regime causing a lack of unified enforcement.

While the relevant international human rights instruments try to provide such guarantees equally to all persons without restriction, some widespread institutional limitations do exist that can be the main errors behind contemporary refugee crisis. Unlike the international system of human rights protection, there is no formal mechanism in international refugee law to receive individual or interstate petitions or complaints. UNHCR has until now not given full effect to Article 35 of the 1951 Refugee Convention, whereby member states undertake to provide UNHCR with information and statistical data on the implementation of the Convention (Gorlick,2000). This leads to lack of a system and proper review of country practices through the public examination reports or other such measures that can be used to observe and recommend the states and thereby help ensure compliance with international standards of refugee protection.

A significant handicap in delivering the protection mandate is UNHCR’s limited human and financial resources. This means that many field operations may be inadequately staffed and thereby addressing refugees’ problems may be delayed or neglected. This observation is not an excuse for inaction on the part of UNHCR, but it is an operational reality that inevitably impacts the ability of the office to fulfill its protection obligations. (Gorlick,2000)

The main and maybe the most interesting cause of the current global refugee crisis is the international legal framework itself that is regulated under the auspices of sovereign authority and without any legal obligations which is still bound by the de facto choice of acceptance (or not) of such a responsibility by the receiving sovereign state. This makes the considerations for protection beyond the citizenry, that such protection already accrues, remain within the confines of that authority. (Bazirake,2017)

It should also be stated that some UN human rights fora are excessively politicized. An example of this trend is the Commission on Human Rights. The members of the Commission are normally represented by government officials of UN member states, and it is a rare occurrence that some member states engage independent experts or academic advisors to attend as part of what is effectively a government delegation. As a consequence, a political bias is often reflected in the agenda, debate, decisions, and issues that are raised before the Commission. (Gorlick,2000)

Although States have the right to regulate migration and it is within their sovereign right to return migrants from their territory, this right is not absolute and must obey strict conditions and procedural guarantees related to the respect of the principle. The individual who are forcibly returned in violation of non-refoulement can challenge the action of the state before an independent body and can also seek help of UNHCR in the legal process. (UNHCR, 2017).

Conclusion:

The contemporary refugee crisis remains a significant humanitarian challenge influenced by armed conflicts, climate change, and restrictive migration policies. While international organizations play a crucial role in addressing these issues, host countries struggle with economic and political pressures. Addressing the crisis requires policy reforms, sustainable resettlement programs, and a coordinated global response.

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