By Nneamaka Onyema
Asylum seekers are individuals fleeing persecution, violence, or other forms of serious harm in their home countries. They are protected by various legal instruments at both international and national levels. These instruments ensure their rights are respected and provide a framework for their protection. Let’s delve into some of the most significant legal instruments:
*1951 Refugee Convention and its 1967 Protocol: These are the cornerstone legal instruments governing the protection of refugees. The Convention defines who is a refugee and outlines the rights of individuals granted refugee status. It prohibits the expulsion or forced return of refugees to situations where their life or freedom would be at risk.
*Universal Declaration of Human Rights (UDHR): While not specifically focused on asylum seekers, the UDHR provides a broad framework for the protection of human rights, including the right to seek asylum from persecution. Article 14 states that “everyone has the right to seek and to enjoy in other countries asylum from persecution.”
*Convention Against Torture (CAT): This convention prohibits the torture and cruel, inhuman, or degrading treatment or punishment of individuals. It prohibits the return of individuals to countries where there are substantial grounds for believing they would be subjected to torture.
*European Convention on Human Rights (ECHR): This instrument, enforced by the European Court of Human Rights, protects fundamental rights and freedoms within the jurisdiction of the Council of Europe’s member states. It includes provisions relevant to asylum seekers, such as the right to liberty and security (Article 5) and the prohibition of torture and inhuman or degrading treatment (Article 3).
*Convention Relating to the Status of Refugees in Africa: Adopted in 1969, this regional instrument provides additional protection for refugees in Africa. It reflects the principles of the 1951 Refugee Convention and addresses the specific challenges faced by refugees on the African continent.
*National Legislation and Policies: Many countries have their own asylum laws and policies that are designed to implement international obligations and provide additional protection for asylum seekers. These laws vary from country to country but often include provisions for the recognition of refugee status, access to legal representation, and protection against refoulement (the return of individuals to countries where they would face persecution).
Additionally, there are various non-governmental organizations (NGOs) and advocacy groups dedicated to protecting the rights of asylum seekers. These organizations often play a crucial role in monitoring compliance with international and national legal instruments, providing legal assistance to asylum seekers, and advocating for policy changes to improve protection mechanisms.
In conclusion, while legal instruments provide essential protections for asylum seekers, ensuring effective implementation and enforcement of these instruments remains a challenge. Continued advocacy, collaboration between governments and civil society organizations, and a commitment to upholding human rights principles are essential for safeguarding the rights of asylum seekers worldwide.
ONYEMA, Nneamaka Esq
Legal Practitioner|Chartered Mediator and Conciliator|Child’s Rights Advocate
