This article appears in the following Refugee Survey Quarterly issue: ASYLUM AND THE UNIVERSAL DECLARATION OF HUMAN RIGHTS [View the issue table of contents]
Internal Displacement and the Right to Seek Asylum
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Abstract |
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This article examines the relationship between the right to seek asylum and internal displacement by considering the relationship between internal and external displacement; the impact of closed borders on internal displacement; refugee returns and internal displacement; the internal flight alternative and its implications for asylum-seekers; and the role of United Nations High Commissioner for Refugees (UNHCR) in both upholding asylum and increasing its engagement with internally displaced persons (IDPs). The study argues that when governments deny asylum to individuals on the grounds that they can find protection elsewhere within their own countries, they are in effect contributing to the increase in internal displacement. While discussion of the internal flight alternative has focused on the ability of an individual to find safety in another part of the country, the article suggests that the Guiding Principles on Internal Displacement – which spell out a full range of rights for IDPs – should be used to determine whether an internal flight alternative can be considered.
* The author is a Co-Director for Brookings-Bern Project on Internal Displacement. With particular appreciation to Mike Jobbins and Andrea Tompkins of Georgetown University, and Kim Stoltz at Brookings for their research support and to Walter Kälin, Representative of the Secretary-General on the Human Rights of IDPs, and Andrew Schoenholtz, professor at Georgetown Law, for their comments on an earlier draft.