Association for Public Policy Analysis & Management

The Refugee legal system has changed during the recent decades due to terrorism which is mainly expressed  as war and unrest. Many people have fled from Terrorism in their countries since it has caused. Therefore the situation has forced them to flee from their home town or residence and seek harbor in another country.  On the other hand states as the main body, responsible for refugees needs, have gradually shifted balance of their policies in favor of giving priority to public order and security of their own countries and preserving internal cohesion leading to prevention of refugees and asylum seekers from entering their territory.

According to the International law (expressly article 33 of the 1951convention) states are authorized to remove refugees from their country when the person  poses a threat to their security. This is the only exception of principle of “Non-refoulement” which is one of the fundamental principles of refugee law. Refugees flee from violence and war and seek refuge in another country but then they are denied of such humanitarian right or became inadmissible by their host country only because there seems to be a potential link between them and instability, while such link must be proved in at least a fair hearing that whether such link exist or the host country is acting under influence of media and public opinion. Such issue leads to violation of human rights among them right to fair trial which is enshrined in human right instruments. Some other states violate rights of refugees and asylum seekers by detaining or torturing them in the camps.

International community has always insisted on respecting human right on the basis of human being dignity. This is more important when states implement anti-terrorism measures which must not lead into neglecting or ignoring asylum seekers rights since they are vulnerable. After the September 11 attacks, the European and American countries have modified their legal systems and procedures of refugee admission in order to maintain national security and public order. These changes resulted in access ban to territory of safe countries. These obstacles mainly have been created by border blockade. These countries argue that, their measures are due to the priority of security concerns and also lack of financial resources for fulfilling needs of refugees and asylum seekers. So they refuse to accept their international obligations under related international instruments.