The United States government is taking steps that could significantly alter the international refugee landscape, inviting government delegations to a high-level meeting during the United Nations General Assembly. This initiative appears to be the beginning of a concerted effort to dismantle the established global refugee system. A concept note from the U.S. State Department outlines a strategy that raises serious concerns about the protection of refugee rights.
This initiative coincides with an executive order mandating a review of all international conventions and treaties that the United States has previously joined, further signaling a potential retreat from global commitments.
One of the most alarming aspects of the State Department’s concept note is the absence of the principle of nonrefoulement. This crucial principle prohibits the return of refugees to countries where they may face persecution, and it is a cornerstone of the global refugee framework. Without this vital safeguard, the rights and safety of countless individuals seeking refuge could be jeopardized.
The concept note states, “every nation has the absolute right to control its borders.” While international law does grant states considerable authority over their borders, it also establishes that this control is not absolute. The principle of nonrefoulement emphasizes that countries cannot simply reject individuals fleeing danger without providing them a pathway to protection.
The right to seek asylum is enshrined in international law, and it is fundamentally linked to the principle of nonrefoulement. If nations are barred from forcibly returning individuals to places where they face torture or persecution, they are obliged to offer those individuals the opportunity to secure asylum.
Moreover, the U.S. concept note claims that “asylum is a temporary, not permanent, status, and that asylees should ultimately return home.” This perspective fails to acknowledge the complex realities that many refugees face. For those escaping violence and oppression, returning home may be impossible if the conditions that drove them to flee remain unchanged or deteriorate.
The note further asserts that “sovereign states, not transnational bodies, make the determination whether conditions in a country of origin permit return.” While it is true that states have this authority, it is essential they do so in good faith and respect the assessments made by the UN High Commissioner for Refugees (UNHCR). The UNHCR’s determinations are informed by its mandate and aim to protect vulnerable populations, while states may often act based on conflicting political interests.
As nations convene for the opening of the General Assembly, it is crucial that they reject the U.S. invitation to undermine the post-World War II global refugee system. Instead, they should reaffirm their commitment to the foundational principles of the 1951 Refugee Convention and work towards a global framework that embodies solidarity and support for those fleeing persecution.
In this critical moment, the international community must come together to uphold the rights of refugees and ensure that the protections established over decades of humanitarian effort are not eroded by nationalistic agendas. The world is watching, and the time to act is now.
