Asylum Access

Reconceiving Refugee Rights: Abstract

When we think of refugees, most of us envision traumatized victims huddled in a makeshift camp, resignedly awaiting handouts from international aid organizations. But this vision of refugees as passive victims misses the mark in several respects – and contributes to misunderstandings that prevent lasting solutions for refugees.

Many refugees are forced to flee precisely because they refuse to become passive victims – because they speak out against discrimination, oppression or violence. In the early stages of flight, refugees sometimes embody the traumatized, frightened victims of popular conception. Other times they continue to be outspoken advocates for themselves and others, even when this means facing hostility in the country where they have taken refuge. But even at their most vulnerable, refugees have legal rights that should guarantee their safety, security and well-being.

On paper, international law promises refugees a wide range of rights: access to legal assistance, protection from deportation, freedom from discrimination, liberty of movement, and the opportunity to seek employment, among others. These rights are not mere charity from more privileged individuals, organizations and governments; they are fundamental human rights to which all people are entitled.

Unfortunately, these rights are not on-the-ground realities for most refugees. Without access to legal advocates, refugees are unlikely even to know their rights, much less have the power to assert them. Legal counsel and representation enable refugees to obtain asylum or other legal status, which in turn allows them to work, send their children to school, and begin rebuilding their lives. Not only is legal advocacy more efficient and cost-effective than handouts – it also puts dignity and power back in the hands of the refugees.

To make refugee rights more than paper promises, we must stop seeing refugees as passive recipients of grudgingly given charity. We must recognize refugees as active participants in our global society, entitled to a wide array of human rights including access to legal counsel. Ensuring access to counsel is the key to empowering refugees to assert all of their international human rights. Only by guaranteeing refugees the knowledge and the power to assert their rights can we create a world in which all people can truly live free from fear.

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