Asylum upsurge due to mounting violations of rights

Asylum is a complex and sensitive issue that deserves open discourse, but in recent weeks we have seen the discussion corrupted…

Asylum is a complex and sensitive issue that deserves open discourse, but in recent weeks we have seen the discussion corrupted by excess. When it comes to asylum-seekers, commentators seem to delight in outdoing each other with hostility. The implicit xenophobia is increased by the repeated use of derogatory labels such as "spongers", "fraudsters" and "freeloaders". The dangers of stirring this cauldron have been highlighted by the recent arson attack in Clogheen, Co Tipperary.

Over the last decade, it has become increasingly difficult to distinguish between people fleeing persecution and those who want to escape grinding poverty. Although in many cases it is discrimination that lies at the heart of their material hardship, the refugee definition is specific in that it only applies to those fleeing persecution on political, racial, social or religious grounds.

The reality is that some asylum-seekers may be under the misapprehension that the destitution they face at home qualifies them for asylum. While their desire for a better life is understandable, these individuals should by rights return home.

But this is only part of the story. In the rush to find quick solutions to the growing number of new arrivals in Ireland, it is easy to blame all asylum-seekers for the difficulties around asylum and to jettison the basic principles of asylum. However, this ignores two fundamental questions: why is there an increase and how do we deal with it? Only when these questions are answered will it be possible to counter the rhetoric and deal effectively with the reality.

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The real reason for the upsurge is the mounting violation of human rights. It is no surprise to see that some of the largest sources for new applications in Ireland are Nigeria, the Congo and Kosovo - countries beset by political instability and violence.

While the countries in the developed world have seen rising numbers of asylum-seekers on their territories, the numbers of people fleeing to Europe are just a tiny proportion of the global refugee numbers. Less than a quarter of the world's 12 million refugees have sought asylum in Western Europe.

It is desperately poor countries such as Pakistan, Tanzania and Guinea which are shouldering most of the burden. And while many of these countries are continuing to receive high numbers of arrivals, the number of people seeking asylum in Europe has dropped over the last three months. Ireland's ranking in the league tables of Western European countries receiving asylum-seekers has slipped from eighth to 14th.

There have been many debates over what asylum means. Obtaining sanctuary is a fundamental right of every individual who has a well-founded fear of persecution. In accordance with the basic tenets of international refugee law, all persons seeking asylum must be provided with an opportunity to establish their protection needs. This takes the form of an asylum procedure.

As the Minister for Justice recently pointed out, there can be no provision for limitations or quotas on incoming numbers of refugees. To resort to such a measure would breach the 1951 Refugee Convention, and indeed other international instruments to which Ireland is party.

The Government's reaffirmed commitment to Ireland's obligations under the 1951 convention is significant, particularly in Europe where asylum is a critical issue. Political support at all levels is required in the emerging European asylum landscape. If European states reject their obligations, a dangerous precedent is set for those poorer countries that are sheltering the majority of the world's refugees.

It is the height of naivety to assume there is a perfect system waiting to be put in place, given political or other will. But any system must be fair to both the asylum-seekers and the host communities.

Indeed, in November 1999 an acute accommodation shortfall meant the Government faced the prospect of asylum-seekers sleeping on the streets of Dublin. The realistic and correct solution was to spread the asylum-seekers across the State instead of concentrating them in Dublin. However, if dispersal is to be effective, certain criteria must be met. These include availability of suitable accommodation and access to good legal representation. In addition, language support and specialist health provision for those who may have experienced torture or other trauma must be at hand. Clustering asylum-seekers with other members of their community will in most cases also be beneficial in helping them adjust.

The experience of London authorities shows also that giving basic information - both to asylum-seekers about their destination and to the host community about asylum issues - makes dispersal more effective.

It is vital to remember that the freedoms we all enjoy in Ireland, citizens and asylum-seekers alike, depend on a shared understanding of responsibilities. Indeed, implicit in the right to free expression is that it will not be used to stir up prejudice. The constant allegation that asylum-seekers are cheats should be held in check, not least because it is incorrect, but also as it legitimises intolerance towards all minorities.

Asylum issues are manageable. It is not helpful to invoke an atmosphere of crisis in setting refugee policy. Moreover, the relentless focus on the cost of asylum gives scant regard to the enormous contribution refugees make to host societies.

There is a long list of notable refugees, including Albert Einstein and Cyril Ramaphosa, whose achievements have changed our world. Many others simply go on to live normal lives, and in the process, bring new skills and experiences. Of all groups, the Irish know what it is like to leave their homes to find a safer life.

Surely it is not too much to ask the people of Ireland to extend the same dispensation they themselves sought for centuries. Hope Hanlan is the United Nations High Commissioner for Refugees' representative in Britain and Ireland

On Monday and Tuesday Irish Times correspondents survey how asylum-seekers and refugees are dealt with in five countries