The right to asylum and agreements protecting refugees have existed in various forms in many societies throughout history, but they have only been recognized under international law for less than a century. While international rights and protections were secured for certain refugee populations after World War I through the Nansen passport under the League of Nations, the first document outlining the universal right to asylum was the Universal Declaration of Human Rights (1948). Specifically, Article 14 states:
Everyone has the right to seek and to enjoy in other countries asylum from persecution.
This universal right to seek asylum was later expanded and enshrined within the Convention Relating to the Status of Refugees (1951) and the Protocol Relating to the Status of Refugees (1967). You can read more about this foundational legislation in our other blog post below:
Read more: What is the 1951 Refugee Convention—and How Does It Support Human Rights?
Human rights in practice
As the Universal Declaration of Human Rights did not impose binding obligations, it was further developed by two covenants: the International Covenant on Civil and Political Rights (ICCPR, 1966) and the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966). Collectively, these three pieces of international legislation are sometimes referred to as the International Bill of Rights. The two covenants enshrine, among other rights, freedom of movement, freedom from torture, as well as access to education, healthcare, and decent work. These covenants, which came into force in 1976, should also apply to refugees under the protection of each signatory state.
The UN Refugee Convention was also complemented by the Convention Relating to the Status of Stateless Persons (1954), which ensures that signatory countries treat stateless persons the same as any other foreign national. This includes their right to seek refugee status.
The rights of women and children in international law
Two international conventions address specific protections for women and children: the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979) and the Convention on the Rights of the Child (CRC, 1989).
CEDAW states that forcibly displaced women should not face gender-based discrimination in accessing asylum and refugee status, resettlement, or naturalization. The Convention also recommends that sex and gender-related persecution be treated as sufficient grounds for requesting refugee status.
The Convention on the Rights of the Child, meanwhile, requires signatory countries to provide humanitarian assistance and appropriate protection to any child seeking asylum in their territory. State parties are also required to cooperate with the UN and civil society organizations to assist the child in reuniting with their family.
Regional conventions relating to refugees
In addition to the conventions open to all UN member states, groups of countries, either bilaterally or through regional political bodies, have also signed conventions that expand or protect the rights of refugees.
Both the African Union Convention Governing the Specific Aspects of Refugee Problems in Africa (1969) and the Cartagena Declaration on Refugees (1984), broaden the definition of a refugee across most countries within Africa and Latin America to include people impacted by generalized violence and other circumstances that seriously disturb public order.
Articles 18 and 19 of the Charter of Fundamental Rights of the European Union (2000) also enshrine the right to request asylum and the principle of non-refoulement (the right to not be returned to danger) in all EU states.
There is currently no such binding regional convention or mechanism concerning the rights of refugees in Asia. Notably, the ASEAN Human Rights Declaration does mention the right to asylum, but only if Member States recognize refugees under their domestic or international law. The 48 Member States of the Asian African Legal Consultative Organization (AALCO) also subscribe to the Bangkok Principles (1966) on the recognition and protection of refugees, but these principles are non-binding.
Efforts toward a durable, inclusive refugee response
A final important milestone for international collective action for refugees is the New York Declaration for Refugees and Migrants (2016). This declaration, signed unanimously by all 193 UN Member States, reaffirms the importance of the right to asylum and is a non-binding commitment to fully uphold and protect the rights of refugees and migrants. The declaration also covers people forcibly displaced due to the effects of climate change.
The declaration spurred the creation of the Comprehensive Refugee Response Framework (CRRF), the Global Refugee Forum, and the Global Compact on Refugees (2018). The CRRF seeks to improve how the global community responds to large and/or protracted displacement events, by involving a broader range of stakeholders in the design and implementation of refugee response initiatives, such as NGOs, private funders, businesses, and forcibly displaced communities themselves. The Global Compact on Refugees serves as a way for member states and other stakeholders to share responsibilities and commitments toward the equitable and durable implementation of the CRRF. These commitments are reviewed and built upon at the Global Refugee Forum, which is held every four years.
How these international laws and agreements support our work
Mexico, for example, as a signatory of the Cartagena Declaration, has a much broader definition of a refugee than the United States. As a result, many people forcibly displaced due to generalized violence or gender-based violence have been unable to request asylum at the US-Mexico border, but were then successfully granted asylum in Mexico. Asylum Access Mexico is also a member of the Regional Articulation Group that monitors and advocates for the full application of the Cartagena Declaration in the country.
For our work in Thailand and Malaysia, these additional conventions are especially important as neither country is a signatory to the UN Refugee Convention. Thailand and Malaysia are signatories to the Convention on the Rights of the Child, which allows our teams there to leverage that international obligation to influence domestic policy to protect the rights of refugee children and their guardians. Similarly, as both countries are signatories to CEDAW, we can advocate for the protection of refugee women and girls within these countries.
Asylum Access also actively participates in the Universal Periodic Review (UPR) process, which examines the human rights performance of all UN member states and uses diplomatic pressure to hold them accountable to their international obligations.
Read more: What Is The Universal Periodic Review and Why Does It Matter?
Finally, through the Global Compact on Refugees, many donor governments, funding bodies, and multilateral organizations make tangible commitments toward greater funding for refugee and locally-led initiatives, as well as the meaningful inclusion of refugees in initiatives that directly affect them. Our Partnerships Team works with these stakeholders to turn their commitments into action by helping them implement accountability mechanisms or establish equitable funding streams for locally and refugee-led organizations.
Summary Table
| Malaysia | Mexico | Thailand | |
| Universal Declaration of Human Rights (1948)* | 🔶** | ✔️ | ✔️ |
| UN Refugee Convention and Protocol (1951/1967) | ❌ | ✔️ | ❌ |
| Convention on Stateless Persons (1954) | ❌ | ✔️ | ❌ |
| ICCPR (1966) | ❌ | ✔️ | ✔️ |
| ICESCR (1966) | ❌ | ✔️ | ✔️ |
| CEDAW (1979) | ✔️ | ✔️ | ✔️ |
| CRC (1989) | ✔️ | ✔️ | ✔️ |
| Regional Agreements | Bangkok (1966)* | Cartagena (1984) | Bangkok (1966)* |
| New York Declaration (2016)* and Global Compact on Refugees (2018)* | ✔️ | ✔️ | ✔️ |
*Non-binding agreements
**In 1948, Malaysia was still part of the British Empire, which signed the declaration.
Disclaimer: This blog post is for educational purposes only and should not be taken as legal advice or as the established interpretation of international law by Asylum Access.