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Asylum explained

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This piece by the UN refugee agency, the UNHCR provides detailed information about what you need to know regarding asylum. Enjoy it.

For the first time on record, a staggering 100 million people around the world have been forced to flee violent conflict, persecution and human rights violations. The war in Ukraine and the ongoing conflicts in SyriaAfghanistan and Venezuela have driven millions of families to flee their home countries to find safety. Now, more than ever, every person must have the right to seek safety—whoever they are, wherever they come from and whenever they are forced to flee. 

1. What is asylum? 

Asylum is a form of protection available to anyone at risk of serious harm in their home country who must leave in search of safety in another country. The first step for a person seeking asylum is to leave one’s home, one of the most difficult decisions a person will ever make. In fleeing their home country, they must leave behind everything they’ve ever known—their friends, family, home, job, personal belongings and sense of security. Asylum seekers often embark on dangerous journeys across land and sea to reach a new country. 

Even after an asylum seeker reaches their destination, safety isn’t guaranteed until they can secure refugee status. Asylum claims can take months to years to process, and even longer when the right to seek asylum is suspended during times of crisis. This was the reality for hundreds of thousands of asylum seekers from Central America, Mexico and Venezuela who were turned away or expelled due to changes to U.S. asylum and border policies during the COVID-19 pandemic. While many countries around the world are re-opening their borders and beginning to process asylum claims again, the road to asylum can be complicated. Ultimately, all asylum seekers hope to establish refugee status so they can remain in their new country.

“We’re stuck. We can’t go back home, and we can’t go forward. We are adrift,” says Lorena, a mother of three from Honduras who was expelled to Mexico after attempting to seek asylum in the U.S. “It’s traumatic. It’s desperate … I don’t know this place. It’s a strange country … I don’t have family here.”

2. What is the difference between a refugee and an asylum seeker?

There is often confusion around the terms ‘asylum seeker’ and ‘refugee’. A refugee is defined as someone who has been forced to flee persecution, war or violence and has crossed an international border to find safety in another country. They have a well-founded fear of persecution because of their race, religion, nationality, political opinion or membership in a particular social group. Refugees are afforded international protection by other countries because it is too dangerous for them to return home. An asylum seeker is someone whose request for sanctuary has yet to be processed. Once asylum seekers are recognized as refugees, they can receive legal and material assistance from the host country government. 

3. Who are asylum seekers and why are they seeking asylum?

More than two-thirds of all refugees and Venezuelans displaced abroad originate from just five countries: Syria, Venezuela, Afghanistan, South Sudan and Myanmar. Millions of people are forced to escape their country of origin each year due to persecution, armed conflict, war, gang violence and extreme poverty. On these dangerous journeys, they are at the mercy of smugglers and traffickers and at grave risk of abuse, exploitation, sexual and gender-based violence, forced labor and other human rights violations.

“I had heard that it was dangerous, but I didn’t think it would be that dangerous,” said Mariana, a Venezuelan woman who was raped by a gunman while trekking through the dangerous jungles of the Darien Gap to reach Panama. “He told me, ‘If you behave and you don’t hide any money from me, you can catch up to your group. Otherwise, you’ll end up like the others.’” Four women had been shot on the same trail. 

In 2021, over 3,000 people died or went missing while making dangerous sea crossings to reach Europe. Despite the risks involved, countless refugees and asylum seekers make the journey each year all in the hopes of reaching a safer country and securing a better future for their families.

4. What is the right to seek asylum?

Everyone has the right to seek asylum—no matter who they are, where they come from, or when they choose to flee. The right to seek asylum, along with other rights of refugees, is outlined in the 1951 Refugee Convention and its 1967 Protocol which has protected the rights of asylum seekers and refugees since the end of WWII. The legal documents are the core basis of international refugee protections and define the moral and legal obligations of countries to refugees and asylum seekers. 

One of the most important protections established by the Convention is the core principle of non-refoulement, the right for refugees and asylum seekers to be protected from forced returns to a country where they will face serious threats to their life or freedom. This protection gives asylum seekers the right to seek asylum without fear of being returned to their country of origin, even if their legal refugee status hasn’t been determined yet. All countries are accountable for protecting asylum seekers and must accept them when they arrive at ports of entry. 

If a refugee or asylum seeker is denied entry into a country and returned to their country of origin, they may be forced to return to an armed conflict or war and could be at risk of persecution, violence and death. To protect people from returning to dangerous situations where their lives and freedoms are at risk, the right to seek asylum must be upheld. 

5. How has COVID-19 impacted asylum seekers and refugees?

Some of the most vulnerable groups to be disproportionately impacted by the COVID-19 pandemic are refugees, asylum seekers and displaced people. Since the onset of the COVID-19 pandemic, lockdowns, travel restrictions and border closures have prevented refugees and asylum seekers from exercising their right to seek safety.

International law mandates that countries keep their borders and ports open to receive asylum seekers, but at the beginning of the pandemic many countries restricted freedom of movement to slow the spread of COVID-19. At the height of the global health crisis, at least 100 countries restricted access to asylum seekers, turning them away at ports of entry or even forcibly returning them to their home countries. Despite progress made in tackling COVID-19, at least 17 countries continue to restrict access to asylum seekers attempting to flee. 

6. What is UNHCR doing to support asylum seekers and refugees?

UNHCR has been helping people forced to flee since 1950 and ensuring their right to seek safety in other countries. UNHCR upholds the 1951 Refugee Convention and its 1967 Protocol and coordinates with countries to safeguard the rights of refugees, asylum seekers, stateless and internally displaced people. While countries have the primary duty of processing asylum cases, UNHCR will process asylum applications in cases where countries are not signatories to the Convention and/or do not have a fair or efficient asylum procedure in place. 

UNHCR works with countries to improve and strengthen their national refugee determination procedures in order to support asylum seekers at their greatest moment of need. Throughout the COVID-19 pandemic, while many countries closed their borders or refused entry to asylum seekers, UNHCR called on countries to lift their pandemic-related asylum restrictions. UNHCR continues to provide critical guidance and technical advice to countries on upholding international legal obligations to asylum seekers while protecting public health.

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OUR BODIES ARE NOT YOUR BORDERS — The Cotonou Manifesto for Freedom of Movement

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A survivor-led manifesto developed collectively through the Migration Village at the World Social Forum in Cotonou, contributed to and signed by 58 organisations, movements and collectives.

For we cannot fully call ourselves survivors without confronting the very systems from which we suffered—systems that continue to dehumanise and destroy the lives of many. Nor can solidarity be claimed without confronting those systems alongside us.

Therefore, having gathered in the Migration Village at the World Social Forum in Cotonou, Benin, we—victims, survivors, families  and activists, together with movements, organisations and allies committed to dismantling the racist migration regime—issue this manifesto.

Those of us who speak from lived experience are survivors of deadly deserts, prisons, detention centres, deportation flights, pushbacks, racist attacks, abductions at sea, enslavement, rape and other forms of inhumane treatment. We speak as people whose bodies have been used to build borders, whose suffering has been converted into dehumanising and exclusionist policies, and whose deaths have been reduced to statistics in order to justify the need for “migration management.”

Across the world, the discourse of “invasion” has been revived to dismantle refugee protection, legitimize mass deportations, and turn migrant communities into enemies. Migrants are exploited for political ends and subjected to a system built on racism, fear, and collective punishment. The situation we face is part of a continuum of colonial violence, running from border zones into the heart of the cities, where police violence, racial profiling, detention, pushbacks and the criminalization of people on the move reproduce the same logic of racialized exclusion, control, and confinement. The routes of slavery have been reopened through processes of dispossession and the commodification of human life — processes that drive desperate people to undertake perilous sea crossings and turn the oceans into cemeteries.

Among other actors, the European Union stands at the forefront of these policies. Since the early 2000s, it has pushed its borders outward into Africa, funding governments, coastguards, militias, detention systems and surveillance infrastructure to stop people from reaching European soil. Agreements have been struck with Tunisia, Libya, Morocco, Algeria, Niger, Mauritania, Senegal and other states, turning African territories into prisons and cemeteries for the people Europe deems undesirable. Beyond Europe’s borders, European governments pay other countries to commit acts that would expose them to legal and political consequences inside Europe. Libya has become the laboratory of choice for this system. The United Nations and the Permanent Peoples’ Tribunal have found that migrants who passed through Libya and other North African countries were victims of crimes against humanity, as well as of torture, degrading treatment, and human trafficking. Yet Europe has gone on funding, training, equipping and legitimizing the very structures implicated in carrying out these crimes.

The United States of America and the European Union are carrying out an outsourced war against human mobility. Frontex has become Europe’s operational arm of this war and an armed bureaucracy of disappearance. For years, Frontex has contributed to pushbacks in numerous countries, including Libya and Turkey. This agency continues to detect refugee boats from the sky and transmit their locations to Libyan militias, enabling abductions at sea and returns to prison, torture, enslavement, rape, and disappearance: everything these people were fleeing. Europe’s security apparatus does not stop at its maritime borders; it has extended much further — into Senegal, Mauritania, Ghana, Niger, Nigeria, Togo, and elsewhere. Military cooperation agreements between the U.S. and Central American countries have had deadly consequences for migrants just as the U.S. policy of Prevention Through Deterrence has since the 1990s intentionally funneled migrants away from urban ports of entry and into the lethal, remote terrain of the Sonoran Desert.

International agencies such as the International Organisation for Migration (IOM) and the UNHCR deploy a smooth vocabulary of “risk analysis,” “border management,” “voluntary return” and “cooperation” that conceals a deadly project: to identify, track, contain, and deport people on the move before they reach their intended destinations — and to recruit African and other governments as the jailers of their own people.

As for African states: Africa cannot continue describing itself only as a victim of European policy. African governments have neglected their own people, accepted money to police Europe’s borders, and participated in the hunting, detention, deportation and abandonment of Africans on African soil. Everywhere on the continent, migrants are treated as commodities and used as bargaining chips in exchange for international funding. They have been transformed into scapegoats by governments seeking to stay in power. Meanwhile, the African Union hypocritically proclaims unity while staying silent as Africans are tortured, expelled, and killed. African promises of free movement remain severely limited, as Africans continue to be treated as irregular foreigners on their own continent, like the mass deportations of migrant populations from Algeria to Niger, from Tunisia to Libya, and from Mauritania to Mali. In South Africa, afrophobia and xenophobic assault — part of the legacy of apartheid — have also turned Black people against one another, with grave consequences for African unity.

This violence is the product of an alliance between states and other capitalist actors: billionaires, media empires, and certain digital platforms that instrumentalize migration to divert public anger away from inequality, exploitation, and politicians’ own accumulation of power. In spreading anti-migrant hatred, they draw on racist conspiracy theories and bolster far-right movements. The violent systems we endure do not build themselves: they are designed, financed, directed, amplified, defended and normalized by those who hold political, economic, and technological power. Neoliberal policies, combined with environmental destruction, the depletion of water and other resources as well as neocolonial policies and support for dictatorial regimes, continue to worsen the suffering of populations and trap people in indebtedness. They fuel poverty, widen inequalities, and force millions of people into exile in search of security, freedom, dignity, and decent living conditions.

Given this situation, we demand an end to the externalization of border control; the closure of detention centres and so-called “return” centres; and effective access to the right to asylum. States must honour the commitments they made in signing international conventions: the Geneva Convention, the Universal Declaration of Human Rights, the European Convention on Human Rights, the African Charter on Human and Peoples’ Rights, and others. Leaders must be held to account and held criminally responsible for the deaths that occur along migration routes. As survivors of those routes and the families of those who have died on them, we must be able to take part in the institutions and negotiations that decide our lives.

We defend the freedom of movement, the right of everyone to freely choose where they live, and to travel in safety. We claim the right to leave and the right to stay, without fear of violence or repression, whatever a person’s origin or belonging. States must guarantee protection for their own citizens as well as for the people they receive in their country.

We call for the abolition of the visa system, through which states and private agencies enrich themselves on the backs of people seeking to migrate, the majority of them from the Global South. That money must be returned as reparations to all the victims of the global apartheid created by the border regime.

Freedom of movement is not only a fundamental right, it creates ties between countries and peoples, and achieves the full economic, social, and cultural benefits of migration. From a feminist perspective, it guarantees women and gender minorities the possibility of moving to seek safety and freedom. From a Pan-Africanist perspective, it secures African unity and strengthens our societies and the continent’s self-determination. From a decolonial perspective, freedom of movement would put an end to the global apartheid of mobility that prolongs the hierarchies inherited from colonization.

Despite the barriers raised in front of us, we too exercise freedom of movement every day by overcoming and undermining deadly borders. We create infrastructures of solidarity to support people on the move. We build transnational networks to learn from one another, to fight together against a racist migration regime, and to build a world in which freedom of movement is a reality.

With these aims, the Migration Village during the World Social Forum in Cotonou was another step toward organising mutual exchange and joining forces for a continuous struggle.

Our forced migration is not your invasion. Our survival is not the crime you claim it to be; it is your states and their leaders who are guilty of crimes against humanity.

Human beings are not your bargaining chips, electoral weapons, or commodities.

Our bodies are not Europe’s borders.

Our lives are not Africa’s currency.

Our existence is not America’s enemy.

We will no longer allow the world to build its borders upon our graves.

Authored and led by survivors.

Supported by the following organizations, movements and collectives:

1. Advocates Female Migrants initiative (Nigeria)

2. Afrique-Europe Interact (transnational network)

3. Al Bawsala (Tunisia)

4. Alarme Phone Sahara

5. Alerte Migration Afrique (Burkina Faso)

6. Arab and Muslim Ethnicities and Diasporas Studies Program, San Francisco State University (USA)

7. Association des Mères des Disparus en Tunisie (Tunisia)

8. Association Éducation Togo (AET, Togo)

9. Association Malienne des Expulsés (AME, Mali)

10. Association Marocaine d’aide aux migrants en situation vulnérable (AMSV, Morocco)

11. Association Marocaine des droits humains (AMDH, Morocco)

12. Association Mauritanienne pour la Citoyenneté et le Développement (AMCD, Mauritania)

13. Association Nationale des Partenaires Migrants (ANPM, Senegal)

14. Association Togolaise des Expulsés (ATE, Togo)

15. Boza Fii (Senegal)

16. Caritas Dakar/PARI (Senegal)

17. Confédération générale autonome des travailleurs en Algérie (CGATA, Algeria)

18. Citoyennes Citoyens Debout Mauritanie (CCD, Mauritania)

19. Climáximo (Portugal)

20. Collective Against the Criminalization of Solidarity and Civic Engagement in Tunisia

21. Conseil des Migrants Subsahariens au Maroc (CMSM, Morocco)

22. CRID (France)

23. Direy Ben Gao/ RMSM (Mali)

24. Ebrima Migrant Situation Foundation (Gambia)

25. Female Returned Migrant network – FREMNET (Nigeria)

26. 50 Out of Many (Greece)

27. Groupe solidarité des groupements féminins au Togo

28. Jeunesses Nigérienne au Service du Développement Durable (JNSDD AIKIN KASA) (Niger)

29. KISA – Equality, Support, Antiracism (Cyprus)

30. Medico International

31. Mediterr

32. Migrants Lives Matter (Nigeria)

33. Migreurop (Euro-African network)

34. MV Louise Michel project

35. Network of Ex-Asylum Seekers – NEAS (Sierra Leone)

36. Network of People with Migration Experience (Nigeria)

37. Nomad 08 (Tunisia)

38. OGLMI – Terre de Liberté (Guinea)

39. ONG Opinion Éclairée (Ivory Coast)

40. ONG UNION FAIT LA FORCE (Benin)

41. Palestinian NGOs Network

42. Refugees in Libya (RiL)

43. Réseau Maghreb Sahel sur les Migrations

44. Réseau ROA-PRODMAC (African network)

45. Riposte internationale (Algeria)

46. Right2Protest Project Africa

47. Rootstv.tn (Tunisia)

48. Solidarités Asie France (SAF)

49. SOSAPROFEM (Senegal)

50. Southern Africa Migration Network (SAMIN)

51. Teaching Palestine: Pedagogical Praxis and the Indivisibility of Justice

52. trans-border.net Editorial Team

53. Un Monde Avenir (Cameroon)

54. Voice of Migrants Association – VOMA (Nigeria)

55. Voice of Talia Initiative Foundation (Nigeria)

56. WatchTheMed Alarm Phone

57. Welcome to Europe

58. We`ll Come United (Germany)

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David Yambio dénonce une « trahison » de la solidarité panafricaine au Forum social mondial

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David Yambio, cofondateur de Refugees in Libya, a qualifié le Forum social mondial récemment conclu à Cotonou, au Bénin, de « World Social Flop », accusant les organisateurs et les autorités de ne pas avoir assuré la protection des délégués ni respecté les principes de la solidarité panafricaine.

Yambio a déclaré que des centaines de délégués africains et internationaux avaient consacré d’importantes ressources et pris des risques pour participer au forum, avant de se retrouver sans lieux adéquats, sans protection suffisante et sans réponse politique collective.

Dans une déclaration publiée sur son compte X le 4 août, Yambio a qualifié la situation de « honteuse trahison » de la solidarité panafricaine et de l’esprit d’hospitalité attendu d’une rencontre destinée à réunir des mouvements de base du monde entier.

Selon Yambio, les organisateurs ont à plusieurs reprises affirmé vouloir faire du forum « une force constructive, et non une opposition ». Il a toutefois estimé qu’un mouvement social obligé de demander la permission pour s’exprimer risque d’abandonner la raison même de son existence.

L’activiste a souligné l’ironie de la situation, alors que les délégués s’étaient réunis pour discuter de questions telles que le rétrécissement de l’espace démocratique, les violences aux frontières et l’externalisation des contrôles migratoires.

« Au lieu de cela, le Forum lui-même est devenu victime de la répression de l’État », a-t-il déclaré.

Yambio a également exprimé sa déception face à ce qu’il considère comme une occasion manquée pour l’Afrique. Selon lui, l’organisation du Forum social mondial sur le sol africain aurait dû renforcer la voix des mouvements populaires et démontrer la capacité du continent à soutenir des mouvements sociaux indépendants.

Il a attribué l’échec du rassemblement à une combinaison de « l’hostilité de l’État et de la passivité organisationnelle », estimant que cette situation a affaibli le forum et donné une image de faiblesse à un moment où davantage de courage était nécessaire.

Malgré les difficultés, Yambio a indiqué que les participants au Village des migrations avaient choisi de s’organiser eux-mêmes plutôt que d’abandonner leurs activités.

Il a affirmé que les délégués avaient refusé d’être « réduits au silence ou intimidés », rappelant que les mouvements sociaux avaient historiquement progressé grâce à la mobilisation populaire plutôt qu’avec la permission des gouvernements.

« Pour moi, c’est devenu le “World Social Flop” », a déclaré Yambio.

Le Forum social mondial réunit des organisations de la société civile, des militants, des mouvements sociaux et d’autres acteurs de terrain afin de débattre de questions sociales, économiques, politiques et relatives aux droits humains.

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David Yambio decries ‘Betrayal’ of Pan-African solidarity at World Social Forum

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Co-founder of Refugees in Libya, David Yambio, has described the just concluded World Social Forum in Cotonou, Benin, as a “World Social Flop,” accusing organisers and authorities of failing to protect delegates and uphold the principles of Pan-African solidarity.

Yambio said hundreds of African and international delegates had spent significant resources and taken risks to attend the forum, only to be left without adequate venues, protection or a collective political response.

In a statement posted on his X handle on August 4, Yambio described the situation as a “shameful betrayal” of Pan-African solidarity and the spirit of hospitality expected from a gathering intended to bring together grassroots movements from across the world.

According to Yambio, organisers repeatedly maintained that they wanted the forum to be “a constructive force, not an opposition.” He, however, argued that a social movement that has to seek permission to speak risks abandoning the purpose for which it exists.

The activist said the developments were particularly ironic because delegates had gathered to discuss issues including shrinking democratic space, border violence and the externalisation of migration controls.

“Instead, the Forum itself became a victim of state suppression,” he said.

Yambio also expressed disappointment over what he described as a missed opportunity for Africa, arguing that hosting the World Social Forum on African soil should have strengthened grassroots voices and demonstrated the continent’s capacity to support independent social movements.

He blamed what he called a combination of “state hostility and organisational passivity” for undermining the gathering and projecting weakness at a time when greater courage was needed.

Despite the challenges, Yambio said participants at the Migration Village chose to organise themselves rather than abandon their activities.

He said the delegates refused to be “silenced or intimidated,” stressing that social movements had historically advanced through grassroots mobilisation rather than government permission.

“For me, this has become the ‘World Social Flop,’” Yambio said.

The World Social Forum brings together civil society organisations, activists, social movements and other grassroots actors to discuss social, economic, political and human rights issues.

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