The right to seek asylum is a fundamental human right enshrined in international law. This right is based on the principle that individuals have the right to seek protection from persecution and harm in another country. Asylum seekers are individuals who have fled their own country due to fear of persecution on the grounds of their race, religion, nationality, political opinion, or membership in a particular social group.

In 1951, the international community established the Convention Relating to the Status of Refugees to protect the rights of refugees and ensure their protection. The Convention sets out the legal definition of a refugee, as well as the rights and obligations of both refugees and states.

Despite the existence of international legal frameworks and human rights standards to protect asylum seekers, many individuals continue to face significant challenges in accessing asylum and finding protection. This article will explore the right to seek asylum as a human right under international law, the challenges that exist in protecting this right, and the importance of upholding this right to ensure the protection of refugees and asylum seekers.

LEGAL BASIS FOR THE RIGHT TO SEEK ASYLUM
The right to seek asylum is enshrined in a number of international instruments, including the Universal Declaration of Human Rights (UDHR)[1], the International Covenant on Civil and Political Rights (ICCPR)[2], the Convention Relating to the Status of Refugees (Refugee Convention)[3], and the Protocol Relating to the Status of Refugees (Refugee Protocol).[4]

Article 14 of the UDHR states that "everyone has the right to seek and to enjoy in other countries asylum from persecution."[5] Article 2 of the ICCPR similarly recognizes the right to seek asylum from persecution.[6]

The Refugee Convention and its Protocol provide more detailed protections for refugees, defining who is a refugee and outlining the obligations of states to protect them. Under the Convention, a refugee is defined as someone who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, and who is unable or unwilling to return to their country of origin.[7]

The Convention Relating to the Status of Refugees, adopted in 1951, provides the most comprehensive legal framework for the protection of refugees and their rights. The Convention defines the term "refugee" and sets out the rights and obligations of both refugees and states. Under Article 1(A)(2) of the Convention, a refugee is defined as any person who, "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."

The Convention also recognizes the principle of non-refoulement, which prohibits states from returning refugees to a country where they may face persecution or harm. Article 33(1) of the Convention states that "No Contracting State shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion." This principle is widely recognized as a cornerstone of refugee protection and is considered a customary norm of international law, binding on all states.

In addition to the Convention Relating to the Status of Refugees, there are several other international legal instruments that provide protection to refugees and asylum seekers. The Protocol Relating to the Status of Refugees, adopted in 1967, expands the definition of a refugee and extends the protections of the Convention to refugees who do not fall within its strict definition. The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, adopted in 2009, provides protection to individuals who are forced to flee their homes due to conflict, natural disasters, or other causes.

OBLIGATION OF STATES
States have a number of obligations under international law to protect the right to seek asylum.

These obligations include:
Non-refoulement:
The principle of non-refoulement prohibits states from returning asylum seekers to a country where they face persecution or other serious harm. This principle is enshrined in Article 33 of the Refugee Convention, which states that no state shall "expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion."[8]

Access to asylum procedures:
States are required to ensure that asylum seekers have access to fair and efficient asylum procedures. This includes ensuring that asylum seekers can enter the country to make their claim, and that they are provided with legal assistance and interpretation services as needed.[9]

Non-discrimination:
States must ensure that asylum seekers are not discriminated against on the basis of their race, religion, nationality, membership of a particular social group, or political opinion. This includes ensuring that asylum seekers have access to basic services such as healthcare, education, and employment.[10]

CHALLENGES TO PROTECTING THE RIGHT TO SEEK ASYLUM
Despite the legal protections in place, protecting the right to seek asylum remains a significant challenge in practice. Some of the main challenges include:

Failure to recognize asylum seekers:
Many states do not recognize individuals as asylum seekers, instead treating them as irregular migrants or even criminals. This can result in individuals being detained or deported without being given the opportunity to make an asylum claim.[11]

Inadequate asylum procedures:
Asylum procedures in many countries can be slow and inefficient, leaving asylum seekers in limbo for months or even years. This can lead to individuals being denied access to basic services and living in destitution.[12]

Hostile attitudes towards refugees:
In many countries, there is a growing hostility towards refugees and asylum seekers, fuelled by misinformation and political rhetoric. This can lead to discrimination and even violence against asylum seekers.[13]

One of the primary challenges to protecting the right to seek asylum is inadequate national policies and practices. Many countries have complex and inefficient asylum procedures that do not meet international standards. Some countries even deny asylum seekers access to the asylum process, leaving them in legal limbo and vulnerable to further persecution and harm. In addition, some states have policies that aim to deter or restrict asylum seekers, such as detention and deportation, which violate their rights and are contrary to international law.

Limited resources for refugee protection is another major challenge to protecting the right to seek asylum. Many countries that host large numbers of refugees struggle to provide adequate support and services, such as housing, healthcare, and education. As a result, refugees often face significant hardships and are unable to fully realize their rights. The COVID-19 pandemic has only exacerbated this challenge, as resources for refugee protection have become even more strained.

Hostility and discrimination towards refugees is another significant challenge to protecting the right to seek asylum. Many asylum seekers and refugees face discrimination, xenophobia, and even violence from host communities, which further exacerbates their vulnerability and undermines their ability to access their rights. This hostility is often fuelled by negative media coverage and political rhetoric that portrays refugees as a threat to national security or as economic burdens.

Finally, a lack of political will is a major challenge to protecting the right to seek asylum. Some states are reluctant to take in refugees due to domestic political pressures or concerns about the economic and social impact of hosting large numbers of refugees. This lack of political will can result in inadequate policies and practices that do not meet international standards and do not adequately protect the rights of asylum seekers and refugees.

Protecting the right to seek asylum is a complex and ongoing challenge. It requires political will, adequate resources, and a commitment to upholding international law and human rights standards. States must work together to address these challenges and ensure that the right to seek asylum is respected and protected for all individuals who need it. This requires greater cooperation, solidarity, and a shared commitment to upholding the values of human rights and dignity for all.

CONCLUSION
The right to seek asylum is a critical human right that is protected by international law. Asylum seekers are entitled to protection from persecution and harm and have the right to seek refuge in another country. While international legal frameworks and human rights standards exist to protect this right, there are significant challenges in upholding it.

One of the primary challenges is the failure of some states to recognize asylum seekers and provide them with adequate protection. Many countries have inadequate asylum procedures and policies that do not meet international standards, leaving asylum seekers vulnerable to further persecution and harm. Hostile attitudes towards refugees also contribute to these challenges, leading to discrimination, xenophobia, and even violence.

It is crucial that states work together to address these challenges and ensure that the right to seek asylum is respected and protected for all individuals who need it. This can be done by improving asylum procedures, increasing resources for refugee protection, combating discrimination and xenophobia, and promoting greater cooperation between states in protecting refugees and asylum seekers.

In conclusion, protecting the right to seek asylum is not only a legal obligation but also a moral imperative. Upholding this right is essential to ensure the protection and well-being of refugees and asylum seekers, and to uphold the values of human rights and dignity for all.

End-Notes:

1. Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 (Dec. 10, 1948), https://www.un.org/en/universal-declaration-human-rights/index.html.
2. International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171, https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.
3. Convention Relating to the Status of Refugees, July 28, 1951, 189 U.N.T.S. 137, https://www.unhcr.org/en-us/3b66c2aa10
4. Protocol Relating to the Status of Refugees, Jan. 31, 1967, 606 U.N.T.S. 267, https://www.unhcr.org/en-us/3b66c2aa10
5. Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 (Dec. 10, 1948).
6. International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171
7. Convention Relating to the Status of Refugees, July 28, 1951, 189 U.N.T.S. 137, https://www.unhcr.org/en-us/3b66c2aa10, art. 1(A)(2)
8. Convention Relating to the Status of Refugees, July 28, 1951, 189 U.N.T.S. 137, https://www.unhcr.org/en-us/3b66c2aa10, art. 33(1).
9. Ibid., art. 33(1).
10. Convention Relating to the Status of Refugees, July 28, 1951, 189 U.N.T.S. 137, https://www.unhcr.org/en-us/3b66c2aa10, art. 3.
11. Human Rights Watch, Asylum Seekers Mistreated in Hungary (July 14, 2017), https://www.hrw.org/news/2017/07/14/asylum-seekers-mistreated-hungary.
12. Amnesty International, Living on the Margins: Inadequate Access to Healthcare and Housing for Asylum Seekers in France (Mar. 3, 2016), https://www.amnesty.org/en/documents/eur21/2587/2016/en/.
13. The Guardian, Germany Sees Rise in Far-Right Violence Targeting Refugees and Migrants (Apr. 15, 2018), https://www.theguardian.com/world/2018/apr/15/germany-sees-rise-in-far-right-violence-targeting-refugees-and-migrants.

Award Winning Article Is Written By: Ms.Navya Singh

Authentication No: MR308821238094-01-0323