People on the Move (Episode I) International Migration and Refugee Law

Should we call them migrants, asylum seekers, refugees or the displaced?

Humankind has always been on the move, impelled by man-made or natural causes. However, in the recent decades, human mobility has increased dramatically in pursuit of a better life or just in pursuit of a life, any life. Today, the mass migrations of people of our times are pushing the limits of the traditional international law as we know it. 

International law categorises the movement of people under different terms, depending on their motivation. This sometimes sows confusion as the terms may be used differently in media, politics, academia and the public. One of the common confusions is between the terms “migrant” and “refugee”.  The first is a term of migration law and the latter of refugee (asylum) law. 

There is no global definition of a migrant, but the term covers all cases in which the individuals move to another country either of their own volition or from a compulsion to improve their socio-economic situation, to expand their opportunities and/or to secure their livelihood[1]. The conditions of their admission and stay are regularised under national laws. However, the host states are obliged to comply with the customary international law and the standards set out in the international human rights conventions that they are a party to, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.  

On the other hand, refugee is a term defined under international refugee law by the 1951 Convention relating to the Status of Refugees and the 1967 Protocol[2]. The term refugee includes only those individuals who fled from their home country or the country of habitual residence because of a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion and are unable or unwilling to return due to this fear (Article 1(A)(2)). They lack the protection of their state of nationality or any other state. The 1951 Convention hereby establishes a legal status for those who need international protection, and the refugee formula under the Article1(A)(2) sets its criteria of eligibility. Those who are eligible for refugee status are protected by the principle of non-refoulement (Article 33).

Asylum is another word used to describe the protection given by a state to individuals who are forced to leave their home countries for their safety. Those who seek international protection in other countries are asylum seekers, until they are either granted or denied the refugee status. 

Displaced persons are individuals who have been forced or obliged to flee or to leave their home country or place of habitual residence to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human‐made disasters[3]. Refugees are cross-border displaced people.  If the displacement occurs within the home country, then they are called internally displaced people. 

[1] “Migrant”, IOM Glossary on Migration, Geneva, 2019, p.132; https://publications.iom.int/system/files/pdf/iml_34_glossary.pdf

[2] Convention and Protocol Relating to the Status of Refugees; https://immigrationhistory.org/wp-content/uploads/2018/12/Refugee-Protocol.pdf

[3] “Displaced persons”, IOM Glossary on Migration, Geneva, 2019, p. 55; https://publications.iom.int/system/files/pdf/iml_34_glossary.pdf