The notion of asylum is a remarkably constant feature of human history. Throughout the ages and in every part of the world, societies with very different cultures and value systems have recognized that they have an obligation to provide safety and support to strangers in distress. In the twentieth century, this longstanding social convention was progressively incorporated into international law, culminating in the establishment of the 1951 Refugee Convention relating to the Status of Refugees and its 1967 Protocol. These statutes set out the rights and obligations pertaining to people who have been obliged to leave their own country and are in need of international protection because of a 'well-founded fear of persecution' on account of their 'race, religion, nationality, membership of a particular social group or political opinion.'

By the second half of 2005, no fewer than 146 of the 191 member states of the United Nations had acceded to these international instruments, which, under the terms of its mandate, are promoted and supervised by UNHCR. Many countries have also recognized their obligations towards refugees by becoming parties to relevant regional agreements, including the Organisation of African Unity's (OAU) 1969 Convention governing the Specific Aspects of Refugee Problems in Africa; the 1984 Cartagena Declaration on Refugees in Latin America; and a variety of European agreements (see Box 2.1).

While the principles of asylum may be firmly established in normative, legal and institutional terms, their practical application remains imperfect. Indeed, recent years have witnessed a growing degree of 'asylum fatigue' in many parts of the world, a process that has threatened and in many cases undermined the protection that the 1951 UN Refugee Convention was intended to provide to refugees and asylum seekers.

In developing countries, where more than two thirds of the world's refugees are to be found, states which are struggling (and often failing) to meet the needs of their own citizens express growing concern about the pressures placed on them by the prolonged presence of large populations of refugees. Confronted with weak economies, inadequate infrastructures, environmental degradation and the HIV/AIDS pandemic, many of these countries believe that they receive inadequate support from the world's more prosperous nations in their efforts to assume responsibility for so many refugees.

Governments and local communities in the developing world also point out that the presence of refugees exposes them to security threats such as cross-border attacks, besides placing undue burdens on their administrative structures. In too many cases, moreover, national and local politicians have sought to mobilize electoral support by promoting xenophobic sentiments, exaggerating the negative impact of hosting refugees and ignoring the fact that refugees can actually attract international assistance and investment to an area, creating new jobs and trading opportunities.

In industrialized states, the challenge to refugee protection derives primarily from the arrival of asylum seekers from poorer regions of the world. While the number of such asylum seekers has diminished significantly in recent years, and while the majority originate from countries that are affected by armed conflict and political violence, governments and electorates in the developed world tend to perceive these new arrivals in very negative terms. They are seen as people who submit 'bogus' claims to refugee status, threaten the sovereignty of the state by entering it in an illegal manner and force governments to spend large amounts of money on asylum and welfare systems. Furthermore, these arrivals are widely believed to put unacceptable pressure on scarce resources such as jobs, housing, education and healthcare. Finally, it is a commonly held perception that even if their application for refugee status is rejected, most asylum seekers will remain illegally in the country.

During the past decade, and more specifically since the 11 September 2001 attacks in the United States, the problem of asylum fatigue in both developing countries and industrialized states has been exacerbated by a growing concern that foreign nationals and members of ethnic minorities represent a potential threat to national security and public safety. As a result, asylum seekers and refugees have come under a growing degree of public suspicion and are subject to increasingly rigorous state controls. In a context where governments and electorates are unable to draw a clear distinction between the victims of persecution and the perpetrators of terrorist violence, there is an evident need to safeguard the principle of asylum. This chapter examines a number of areas in which refugee protection must be strengthened, while Chapter 3 looks at issues specifically associated with the physical safety and security of refugees.

Box 1.4 Prevention and reduction of statelessness

Challenges to protection