UNJUST BORDERS: THE UNEQUAL TREATMENT OF ASYLUM SEEKERS AND

THE FLAWS IN THE REFUGEE DEFINITION

The effects of historical and current geopolitical factors on asylum policies
Asylum policies are a critical component of any country's immigration and refugee policy.
Asylum seekers flee their home countries due to persecution, war, or other forms of violence.
Historically, geopolitical factors have played a significant role in shaping asylum policies. It
is imperative to examine the effects of historical and current geopolitical factors on asylum
policies.
Historically, asylum policies were heavily influenced by the political climate of the time.
During the Cold War, for example, asylum policies were shaped by the competition between
the United States and the Soviet Union. The United States used asylum as a way to promote
its democratic values and to showcase its moral superiority over the Soviet Union. The Soviet
Union, on the other hand, used asylum as a propaganda tool to discredit the United States.
In the aftermath of World War II, the United States and other Western countries established
the Geneva Convention, which established the legal framework for asylum policies. The
convention defined refugees as individuals who were outside their home country and had a
well-founded fear of persecution on the basis of their race, religion, nationality, membership
in a particular social group, or political opinion.1
Today, geopolitical factors continue to shape asylum policies. The rise of nationalism and
xenophobia in many Western countries has led to stricter asylum policies. Governments have
used fear of terrorism and the refugee crisis to justify these policies.
The Syrian refugee crisis, in particular, has had a significant impact on asylum policies. The
United States and many European countries have tightened their borders and restricted the
number of refugees they accept. The fear of terrorism has been used to justify these policies,
even though the vast majority of refugees are not terrorists.
The political climate in the United States has also had a significant impact on asylum
policies. The Trump administration implemented a number of policies aimed at restricting
asylum, including the Migrant Protection Protocols, which required asylum seekers to wait in
Mexico while their cases were processed. These policies were justified as a way to combat
illegal immigration, but they had a devastating impact on asylum seekers.
In conclusion, historical and current geopolitical factors have had a significant impact on
asylum policies. The political climate of the time, the rise of nationalism and xenophobia, and
1 Ferdinand C. Mukumbang , Anthony N. Ambe and Babatope O. Adebiyi, Unspoken inequality: how COVID-
19 has exacerbated existing vulnerabilities of asylum-seekers, refugees, and undocumented migrants in South
Africa, 19 International Journal for Equity in Health, 5-6 (2020).
the fear of terrorism have all shaped these policies. Asylum policies are critical to protecting
the rights of refugees and ensuring that they are not subjected to persecution or violence. It is
essential that policymakers consider the broader geopolitical context when developing
asylum policies, to ensure that they are effective and just.
The political economy of migration and border control
Migration has been a significant issue in the world, with various countries struggling to
control the influx of immigrants into their territory. The political economy of migration and
border control has become increasingly important, with debates over the effects of migration
on the economy and society. In this paper, we explore the political economy of migration and
border control and its implications on the economy.
Migration is often viewed through an economic lens, with debates over whether immigrants
are beneficial or detrimental to the economy. Some argue that immigrants provide a source of
cheap labor, which can benefit the economy, while others contend that immigrants take jobs
from local workers and are a drain on the economy.
From a political economy perspective, the issue of migration is closely linked to the concept
of globalization. Globalization has led to the liberalization of trade and capital flows, which
has resulted in an increase in migration. This is because the movement of people has become
easier, leading to more people moving across borders to seek better opportunities.
The politics of border control is closely linked to the political economy of migration.
Governments have implemented various policies to control the movement of people across
borders. These policies range from visa requirements to physical barriers such as walls and
fences.
The politics of border control is often shaped by domestic politics, with politicians using
migration as a means of appealing to their voter base. In many cases, the issue of migration is
linked to national security, with governments citing concerns about terrorism and crime as a
justification for stricter border controls.
The impact of migration on the economy is a topic of much debate. Some argue that
immigrants contribute to the economy by providing cheap labor and increasing demand for
goods and services. Others contend that immigrants take jobs from local workers and are a
drain on the economy.
The impact of border control on the economy is also a matter of debate. Some argue that
border controls can be harmful to the economy by limiting the movement of goods and
people. Others contend that border controls are necessary to protect national security and
prevent crime.
The political economy of migration and border control is a complex issue with significant
implications for the economy and society. While migration can provide economic benefits, it
can also lead to social and economic tensions. Border control policies can help to manage the
movement of people across borders, but they can also be harmful to the economy if they limit
the movement of goods and people. Overall, the issue of migration and border control
requires a balanced approach that considers the economic, social, and political implications of
migration.
The impact of border policies on the social, economic, and cultural rights of asylum
seekers
The issue of asylum seekers and their rights has been a subject of considerable debate
globally. Many countries have implemented stringent border policies, which have resulted in
significant consequences on the social, economic, and cultural rights of asylum seekers.
Social rights refer to the basic human rights that every person is entitled to, such as access to
healthcare, education, housing, and social security. However, asylum seekers face significant
obstacles in accessing these basic rights. For instance, many countries have implemented
policies that restrict asylum seekers' access to healthcare, education, and social security
benefits. Asylum seekers are often excluded from these services, making it challenging for
them to integrate into society and live dignified lives. This exclusion can also have long-term
consequences, such as increased poverty and social exclusion.
Economic rights refer to the right to work, own property, and engage in economic activities
that allow people to earn a living. However, border policies can have significant negative
impacts on asylum seekers' economic rights. Many countries have implemented policies that
restrict asylum seekers' ability to work, leaving them dependent on government support. In
some cases, asylum seekers are not allowed to own property or engage in economic activities,
making it challenging for them to support themselves and their families. As a result, many
asylum seekers live in poverty, which can have long-term economic consequences for both
themselves and their host country.
Cultural rights refer to the right to participate in cultural activities, practice one's religion, and
access cultural resources. However, border policies can significantly impact asylum seekers'
cultural rights. For instance, many asylum seekers are forced to leave their homes and
communities, which can result in a loss of cultural identity and heritage. In addition, many
countries restrict asylum seekers' ability to practise their religion, access cultural resources,
and participate in cultural activities, which can lead to further social exclusion and
marginalisation.
In conclusion, border policies have significant consequences on the social, economic, and
cultural rights of asylum seekers. Asylum seekers face significant obstacles in accessing basic
social services, economic opportunities, and cultural resources, which can have long-term
consequences for themselves and their host countries. To address this issue, governments
need to adopt more inclusive policies that recognize asylum seekers' rights and support their
integration into society. Such policies can help promote social cohesion, reduce poverty, and
promote economic development.
The role of civil society in advocating for the rights of asylum seekers
Many countries have restrictive asylum policies and often fail to uphold the rights of asylum
seekers. Civil society organisations play a critical role in advocating for the rights of asylum
seekers, including their right to a fair asylum process, protection from discrimination, and
access to basic human needs.
Civil society refers to the sector of society comprised of non-governmental organisations
(NGOs), community-based organisations (CBOs), faith-based organisations (FBOs), and
social movements. These organisations are independent of the government and the private
sector, and they operate with the aim of promoting the public good, advancing social justice,
and upholding human rights.
Civil society organisations play a critical role in advocating for the rights of asylum seekers.
Firstly, civil society organisations help to raise awareness of the plight of asylum seekers.
Through campaigns, demonstrations, and public education initiatives, civil society
organisations highlight the challenges that asylum seekers face and the need for more just and
humane asylum policies.
Secondly, civil society organisations provide support services to asylum seekers. These
organisations offer legal advice, translation services, counseling, and referrals to other
services, such as healthcare and housing. By providing these services, civil society
organisations help to ensure that asylum seekers have access to basic needs and can navigate
the asylum process.
Thirdly, civil society organisations engage in advocacy and lobbying to influence policies
that affect asylum seekers. They collaborate with policymakers, human rights organisations,
and international organisations to advocate for more just and humane asylum policies. Civil
society organisations also engage in litigation to challenge restrictive asylum policies and to
uphold the rights of asylum seekers.
Lastly, civil society organisations provide a platform for asylum seekers to voice their
concerns and experiences. By amplifying the voices of asylum seekers, civil society
organisations help to ensure that their perspectives are included in policy discussions and that
their rights are upheld.
Thus, civil society organisations play a critical role in advocating for the rights of asylum
seekers. They raise awareness of the challenges faced by asylum seekers, provide support
services, engage in advocacy and lobbying, and amplify the voices of asylum seekers. The
role of civil society organisations in advocating for the rights of asylum seekers is crucial in
ensuring that asylum seekers are treated with dignity and respect, and that their human rights
are upheld. Governments must work with civil society organisations to promote just and
humane asylum policies, and to uphold the rights of asylum seekers.
The experiences of LGBTQ+ asylum seekers and the flaws in the refugee definition
LGBTQ+ asylum seekers face unique challenges in the asylum process, including navigating
complex legal systems, discriminatory policies and a lack of social support networks.
LGBTQ+ asylum seekers face a range of challenges in the asylum process. In many
countries, homosexuality is criminalized, and individuals can face persecution, violence and
even death because of their sexual orientation or gender identity. Many LGBTQ+ asylum
seekers also face discrimination and harassment from government officials and fellow
refugees. They may also face difficulties accessing healthcare, housing and employment.
Research has shown that LGBTQ+ asylum seekers are more likely to experience depression,
anxiety and other mental health issues than non-LGBTQ+ asylum seekers. This is due to the
isolation, discrimination and trauma they experience during the asylum process. Many
LGBTQ+ asylum seekers also face challenges in building supportive social networks, as they
may be ostracized by other refugees or lack access to LGBTQ+ community groups.
The current refugee definition, as outlined in the 1951 Refugee Convention, does not
specifically recognize sexual orientation or gender identity as grounds for seeking asylum.
This means that LGBTQ+ asylum seekers must prove that they are persecuted based on their
membership in a particular social group, such as their sexual orientation or gender identity.
However, this can be difficult to prove, as many countries do not officially recognize
LGBTQ+ individuals as a protected group.
Furthermore, the refugee definition does not account for the unique challenges faced by
LGBTQ+ asylum seekers. For example, LGBTQ+ asylum seekers may be more likely to face
discrimination and harassment from government officials, fellow refugees and even legal
professionals. They may also be more likely to experience mental health issues as a result of
the trauma they have experienced.
The experiences of LGBTQ+ asylum seekers highlight the urgent need for reforms in the
asylum process. Governments should work to ensure that the rights of all asylum seekers,
regardless of their sexual orientation or gender identity, are protected. This includes
providing LGBTQ+ asylum seekers with access to legal aid, healthcare, housing and
employment. Additionally, the refugee definition should be revised to recognize sexual
orientation and gender identity as grounds for seeking asylum, and to better account for the
unique challenges faced by LGBTQ+ asylum seekers.2
Overall, it is crucial that the international community recognizes the human rights of
LGBTQ+ asylum seekers and takes action to ensure that they are protected from persecution
and discrimination.
The impact of climate change on the displacement of people and the need for new
approaches to asylum policies
Climate change is causing significant disruptions to ecosystems and communities around the
world, leading to displacement of people from their homes. The impacts of climate change
are especially felt by the most vulnerable communities, including low-income communities
and marginalized groups.
Climate change is leading to more frequent and severe natural disasters, such as hurricanes,
floods, and droughts. These events can destroy homes and infrastructure, and force people to
flee their communities. Rising sea levels, increased temperatures, and other impacts of
climate change are also causing long-term changes to the environment, which can make
certain areas uninhabitable. As a result, many people are being forced to migrate to other
areas in search of safety and livelihoods.
The displacement of people due to climate change is expected to increase in the coming
years. The World Bank has estimated that by 2050, there could be as many as 143 million
climate migrants globally. This would have significant impacts on host communities, as well
as the migrants themselves.
The current approach to asylum policies does not adequately address the challenges posed by
climate-induced displacement. In most cases, individuals who are displaced due to climate
change are not considered refugees under international law. This means that they are not
entitled to the same protections as refugees who are fleeing persecution or conflict.

2 B. S. CHIMNI, The Geopolitics of Refugee Studies: A View from the South, 11 Journal of Refugee Studies,
350, 351-353 (1998)
As a result, many countries are not legally required to provide asylum or other forms of
protection to those who are displaced by climate change. This can leave individuals without
legal status or access to basic services, and can exacerbate their vulnerabilities.
New approaches to asylum policies are needed to address the challenges of climate-induced
displacement. This could include expanding the definition of refugees to include those who
are displaced due to climate change. It could also involve developing new legal frameworks
to address the unique needs of climate migrants.
Additionally, it is important that countries work together to provide support and protection to
climate migrants. This could involve sharing responsibility for the resettlement and
integration of migrants, as well as providing funding and technical assistance to support
adaptation and resilience-building efforts in countries of origin.
The impacts of climate change on displacement of people highlight the urgent need for new
approaches to asylum policies. As climate-induced displacement continues to increase, it is
crucial that governments and international organisations work together to develop legal
frameworks and support mechanisms that protect the rights of those who are forced to flee
their homes. By taking a proactive approach to climate migration, we can help ensure that the
most vulnerable communities are able to adapt to the challenges of a changing climate, and
build a more just and sustainable world.
The role of international organisations, such as the UNHCR, in protecting the rights of
asylum seekers
The United Nations High Commissioner for Refugees (UNHCR) is the leading international
organization tasked with protecting the rights of refugees and asylum seekers around the
world. Asylum seekers are individuals who have fled their home countries due to persecution,
conflict, or other forms of violence, and are seeking protection in another country. The
UNHCR plays a crucial role in ensuring that asylum seekers receive the protection and
support they need to rebuild their lives in safety.
The UNHCR is responsible for overseeing the international protection regime for refugees
and asylum seekers. This includes developing policies and guidelines for the protection of
refugees and asylum seekers, as well as providing direct support and assistance to those in
need.
One of the primary functions of the UNHCR is to identify and register asylum seekers. This
involves conducting individual assessments to determine whether someone meets the
definition of a refugee, and ensuring that they are able to access the rights and protections
afforded to them under international law. The UNHCR also works closely with governments
and other stakeholders to ensure that asylum seekers are able to access basic services such as
healthcare, education, and employment.
The UNHCR also plays a critical role in advocating for the rights of asylum seekers at the
international level. This includes working with governments and other organizations to
develop and implement policies that protect the rights of refugees and asylum seekers. The
UNHCR also works to raise awareness about the challenges faced by asylum seekers and to
promote greater understanding of their needs and rights.
Despite its important work, the UNHCR faces a range of challenges in protecting the rights of
asylum seekers. One of the biggest challenges is the increasing number of asylum seekers
worldwide, which has put a strain on the organization's resources and capacity. Additionally,
political tensions and conflicts in many countries have made it more difficult for the UNHCR
to provide protection to those in need.
Looking forward, the UNHCR will need to continue to adapt and evolve in order to meet the
evolving needs of asylum seekers. This will require increased cooperation and coordination
with governments and other stakeholders, as well as innovative approaches to the delivery of
support and services.3
The UNHCR plays a critical role in protecting the rights of asylum seekers and ensuring that
they receive the support and assistance they need to rebuild their lives in safety. Despite the
many challenges it faces, the organization remains committed to its mandate and continues to
work tirelessly to support refugees and asylum seekers around the world. By working
together and supporting the important work of organizations such as the UNHCR, we can
help ensure that asylum seekers receive the protection and support they need to rebuild their
lives with dignity and respect.
The impact of anti-immigrant sentiment and xenophobia on asylum policies
Immigration has been a hotly debated topic in many countries, with some individuals
expressing anti-immigrant sentiments and xenophobia. This has had a significant impact on
the policies and processes surrounding asylum seekers, particularly those seeking protection
in countries with high levels of anti-immigrant sentiment.
Anti-immigrant sentiment and xenophobia have led to changes in asylum policies in many
countries, with policies becoming increasingly restrictive and punitive. For example, some
countries have introduced measures to limit the number of asylum seekers they accept, such

3 Timothy J. Hatton, Asylum Migration to the Developed World: Persecution, Incentives, and Policy, 34
Journal of Economic Perspectives. 75, 75-76 (2020)
as placing caps on the number of applications accepted each year. Others have introduced
harsher processing and detention procedures, including mandatory detention for asylum
seekers.
These policies can have a significant impact on the lives of asylum seekers, who may be
forced to wait long periods of time in detention centers or may be deported back to their
home countries, where they may face persecution or harm. They also contribute to a culture
of fear and hostility towards asylum seekers, which can result in discrimination and violence.
Anti-immigrant sentiment and xenophobia pose significant challenges for the protection of
asylum seekers. Firstly, they can lead to a lack of political will to provide protection and
support to asylum seekers, with governments more concerned with appealing to anti-
immigrant sentiment than ensuring the safety and wellbeing of those in need.
Secondly, anti-immigrant sentiment and xenophobia can make it more difficult for asylum
seekers to access basic services and support. For example, they may face discrimination in
accessing healthcare, education, and employment, which can contribute to their social and
economic marginalization.
Thirdly, anti-immigrant sentiment and xenophobia can create barriers to integration, making
it more difficult for asylum seekers to rebuild their lives in safety and security. This can result
in a cycle of poverty and vulnerability that can be difficult to break.
We can thus come to the conclusion that anti-immigrant sentiment and xenophobia have a
significant impact on asylum policies and pose significant challenges for the protection of
asylum seekers. It is important for governments, civil society organizations, and individuals
to work together to address these challenges and ensure that asylum seekers receive the
protection and support they need. This includes promoting greater understanding and
empathy towards asylum seekers, advocating for more compassionate and supportive asylum
policies, and working to break down barriers to integration and social inclusion. By taking
these steps, we can help ensure that asylum seekers are able to rebuild their lives in safety and
security, free from discrimination and harm.4
The impact of detention and deportation on asylum seekers
Detention and deportation are significant issues facing asylum seekers, with both having a
significant impact on their physical and mental wellbeing.
Detention can have a significant impact on the mental health of asylum seekers, with many
experiencing anxiety, depression, and post-traumatic stress disorder (PTSD). They may also

4 Rensmann, L. and Miller, J., 2010. Xenophobia and anti-immigrant politics. In Oxford Research
Encyclopedia of International Studies.
face physical health issues, including malnutrition, lack of medical care, and exposure to
infectious diseases. Additionally, detention can exacerbate existing mental health issues and
trauma, which can make it more difficult for asylum seekers to rebuild their lives once they
are released.
Detention can also impact an asylum seeker's ability to pursue their legal case, as they may
have limited access to legal resources, including legal counsel and information. This can
result in them being unable to fully understand the legal process, which can lead to incorrect
information being presented to immigration officials.
Deportation can have a significant impact on an asylum seeker's safety, as they may be forced
to return to a country where they face persecution, violence, or even death. Additionally, they
may be separated from their families and support networks, which can exacerbate the
challenges they face in rebuilding their lives.
Deportation can also impact an asylum seeker's legal case, as they may not have access to the
resources they need to pursue their case, including legal representation and information. This
can result in them being unable to fully understand the legal process, which can lead to
incorrect information being presented to immigration officials.
The challenges facing asylum seekers in detention and deportation are significant, with many
facing significant barriers to accessing the legal and support resources they need to pursue
their case. Additionally, they may face discrimination and hostility from immigration
officials and other individuals, which can exacerbate the challenges they face.
In order to protect the rights of asylum seekers in detention and deportation, it is important
for governments, civil society organizations, and individuals to work together to ensure that
they have access to legal and support resources, as well as safe and humane living conditions.
This includes ensuring that they have access to legal counsel, information, and healthcare, as
well as basic necessities, such as food, water, and shelter.
Detention and deportation are significant issues facing asylum seekers, with both having a
significant impact on their physical and mental wellbeing. It is important for governments
and civil society organizations to work together to ensure that the rights of asylum seekers are
protected, and that they are able to access the legal and support resources they need to pursue
their case. By doing so, we can help ensure that asylum seekers are able to rebuild their lives
in safety and security, free from discrimination and harm.
The implications of the COVID-19 pandemic on the global refugee crisis and asylum
policies.
The COVID-19 pandemic has had a significant impact on the global refugee crisis and
asylum policies, exacerbating the challenges facing refugees and asylum seekers worldwide.
Therefore it is crucial to understand the implications of the COVID-19 pandemic on the
global refugee crisis, the challenges facing refugees and asylum seekers, and the ways in
which governments and civil society organizations can respond to these challenges.
The COVID-19 pandemic has had a significant impact on the global refugee crisis, with
many refugees and asylum seekers facing increased challenges in accessing basic necessities,
such as food, water, and shelter. Additionally, many have faced difficulties in accessing
medical care, as healthcare systems have become overwhelmed in many countries.
The pandemic has also resulted in the closure of many borders and the suspension of refugee
resettlement programs, leaving many refugees and asylum seekers stranded in overcrowded
camps and transit areas. This has made it more difficult for them to access legal and support
resources, as well as essential goods and services.
The COVID-19 pandemic has also highlighted the challenges facing asylum policies
worldwide, with many governments suspending asylum procedures and closing borders in
response to the pandemic. This has left many asylum seekers stranded in transit areas, unable
to access legal and support resources or to pursue their legal case.
Additionally, the pandemic has led to a rise in anti-immigrant sentiment and xenophobia,
which has made it more difficult for refugees and asylum seekers to access basic necessities
and to be treated with dignity and respect.
In order to respond to the challenges facing refugees and asylum seekers during the COVID-
19 pandemic, it is important for governments and civil society organizations to work together
to ensure that they have access to essential goods and services, as well as legal and support
resources.
This includes ensuring that refugees and asylum seekers have access to medical care and
essential goods and services, as well as safe and humane living conditions. Additionally,
governments should prioritize the resettlement of refugees and the processing of asylum
applications, even in the context of the pandemic.5

5 Mulé, N.J., 2022. Mental health issues and needs of LGBTQ+ asylum seekers, refugee claimants and refugees
in Toronto, Canada. Psychology & Sexuality, 13(5), pp.1168-1178.
The effectiveness and limitations of international refugee law in protecting asylum
seekers.
International refugee law, primarily embodied in the 1951 Refugee Convention and its 1967
Protocol, is designed to protect asylum seekers and refugees from persecution and ensure that
they receive the protection and assistance they need. 6
Effectiveness of International Refugee Law
International refugee law has been instrumental in providing legal protection for refugees and
asylum seekers around the world. It provides a legal framework for the protection of refugees
and asylum seekers, including their rights to life, liberty, and security of person, as well as
their right to access legal, social, and economic assistance.
Moreover, international refugee law has established the principle of non-refoulement, which
prohibits the return of refugees to countries where they may face persecution or other forms
of harm. This principle has been widely recognized as a cornerstone of refugee protection,
ensuring that refugees are not returned to situations where their lives or freedoms are at risk.
Limitations of International Refugee Law
Despite its significance, international refugee law has some limitations that can hinder its
effectiveness in protecting asylum seekers and refugees. One limitation is that it relies on the
cooperation of national governments to implement its provisions. This means that in practice,
the effectiveness of international refugee law can be influenced by factors such as political
will, resource allocation, and bureaucratic capacity.
Another limitation is that the definition of "refugee" under the 1951 Convention is quite
narrow, and it may not always encompass people who are fleeing persecution or other forms
of harm. This means that some people who require protection may not be recognized as
refugees and therefore may not be eligible for the legal and social support provided under
international refugee law.
Furthermore, some countries may use national security concerns or other reasons to limit
their obligations under international refugee law, which can result in restrictions on the rights
of asylum seekers and refugees.
International refugee law has been effective in providing legal protection for refugees and
asylum seekers around the world, providing a framework for their protection and ensuring
their rights to access legal, social, and economic assistance. However, it also has limitations,
such as relying on the cooperation of national governments and having a narrow definition of

6 Bank, R., 2015. The potential and limitations of the Court of Justice of the European Union in shaping
international refugee law. International journal of refugee law, 27(2), pp.213-244.
who is considered a refugee. These limitations can hinder the effectiveness of international
refugee law in protecting asylum seekers and refugees. To address these limitations, it is
important to continue advocating for stronger protections for refugees and asylum seekers,
and to work towards greater cooperation among national governments in upholding their
obligations under international refugee law.7

7 Betts, A., 2013. Regime complexity and international organizations: UNHCR as a challenged institution.
Global governance, pp.69-81.