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6. National Protection of Refugees

As we saw earlier, according to the Universal Declaration of Human Rights, "Everyone has the right to seek and to enjoy in other countries asylum from persecution". However, we also noted that no treaty obliges states to grant asylum. At the most, the 1951 Refugee Convention can tell states:

  1. How to define a refugee (Article 1A(2))

  2. What rights a Convention refugee should expect in a receiving country

  3. When a state cannot return a refugee home (principle of nonrefoulement)

The 1951 Refugee Convention does not force a state to admit a refugee, i.e. to grant asylum. It is clear that there is a gap here between the individual’s right to seek asylum and the state’s discretion in providing it.

As a result of this ambiguous state of affairs, state practice in granting asylum varies widely, both in terms of the procedure they use for determining refugee status and the actual legislation that is applied.

1.2 million asylum seekers in 2000

     
COUNTRY OF ASYLUM

ASYLUM 
APPLICATIONS

MAIN COUNTRIES OF ORIGIN
Germany [1] 95,110 Yugoslavia / Turkey / Iraq / Afghanistan / Iran / Azerbaijan / Viet Nam / Armenia / Syria / Russian Federation / Bosnia-Herzegovina / Pakistan / India
United Kingdom [2] 71,150 Yugoslavia / Somalia / Sri Lanka / Russian Federation / Afghanistan / Turkey / China / Pakistan / Romania / Poland / Iraq
Switzerland 46,070 Yugoslavia / Iraq / Bosnia-Herzegovina
Netherlands 39,300 Afghanistan / Iraq / Yugoslavia / Somalia / Azerbaijan / Sudan / Angola / Iran
Belgium 35,780 Yugoslavia / Romania
Italy 33,360 Yugoslavia / Iraq
United States [1] & [3] 31,740 China / Guatemala / El Salvador / Mexico / Haiti / Somalia / India / Indonesia
France 30,910 China / Yugoslavia / DRC / Turkey / Sri Lanka / Mali
Canada 29,390 Sri Lanka / China / Pakistan / Hungary
Austria 20,100 Yugoslavia / Iran / Afghanistan / Iraq
[1] Excluding applications which have been "re-opened". [2] Figures concern number of applications. On average, there are some 1.3 persons per asylum application. [3] Figures concern number of applications. On average there are some 1.45 persons per application.


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The Rights of Refugees and Displaced Persons



















Table source: Refugees by Numbers, UNHCR, 2000 Edition