Migrants and refugees: why draw a distinction?

• Author: Riera, Jose

REFUGEES ARE "MIGRANTS" in the broadest sense of the term; yet, they continue to be a distinct category of people. As specified in the 1951 Convention relating to the Status of Refugees, they are outside their country of nationality and are unable or unwilling to return due to a well-founded fear of persecution on account of race, religion, nationality or membership of a particular social group or political opinion. Over the years, the refugee concept has been broadened to encompass other people who have fled events that pose a serious threat to their life and liberty. What makes refugees different from other categories of migrants is their need for international protection and their right to seek and enjoy asylum in another State.

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Refugee and migratory movements intersect in a number of different ways. People who are on the move from one country to another, even when they meet the criteria for refugee status, increasingly engage in unauthorized or undocumented movement, making use of similar routes, employing the services of the same smugglers and obtaining fraudulent travel documents from the same suppliers. While these similarities have no bearing on the fundamental difference between refugees and non-refugees, they have contributed towards a blurred distinction between the two.

Concerns about national security in the wake of 9/11 (2001) and State efforts to stem abuse of asylum systems, as well as the growing interstate cooperation to curb irregular migration, have made it harder for refugees to seek and enjoy protection. Many States have introduced measures intended to prevent and deter foreign nationals from arriving on their territory and submitting claims for refugee status. Interdiction of boats on the high seas is a growing practice. It is also of grave concern that the restrictive measures introduced to curb irregular migration and combat human smuggling and trafficking are applied indiscriminately and prevent refugees from gaining access to asylum procedures of another State and entry to the territory.

The numbers speak for themselves. According to the latest asylum statistics for 36 industrialized nations published in September 2006 by the Office of the United Nations High Commissioner for Refugees (UNHCR), the downward trend in most of these countries continues unabated; 2005 saw the lowest number of asylum-seekers since 1987. During the first months of 2006, applications dropped a further 14 per cent...