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 Asylum seekers and refugees have the same rights as all people. The Universal Declaration of Human Rights and United Nations treaties, such as the Convention on the Rights of the Child, and the International Covenant on Economic, Social and Cultural Rights, recognise many of the rights that all people hold and also rights that are applicable in particular circumstances, or that are applicable to certain groups of people. The Convention and Protocol Relating to the Status of Refugees contain some of the specific rights of asylum seekers and refugees. The rights in the Convention and Protocol are very important, but still need to be drawn upon within the framework of all people's human rights. It is the responsibility of governments to guarantee the rights and security of their citizens, but the Universal Declaration of Human Rights reminds us that the responsibility of upholding people's rights extends beyond a person's national government. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Universal Declaration of Human Rights, Article 28 The basis of an international system of protection is to ensure that, where national governments have failed, the international community will step in to ensure that people's rights and freedoms are upheld. For this to be realised, nations must be willing to take on their responsibilities to uphold the rights of non-citizens - including victims of forced migration who become refugees, asylum seekers, and / or unauthorised entrants as a result of their experiences. The Refugee Convention and Protocol have established the basic minimum standards for the treatment of refugees - requirements that governments must fulfil. The body of international human rights treaties has established a range of rights that governments must uphold in their dealings with all people. Australia has ratified a number of human rights treaties and we have both a moral and legal obligation to fulfil these commitments.  All people have human rights - including social, cultural, and political rights that the global community has committed to upholding. All people have the right to flee from persecution and, under the Convention and Protocol, refugees have the right to protection. There are no limitations in the Convention and Protocol on which countries should assess the claims of which asylum seekers, nor are there limitations on the distance an asylum seeker or refugee may travel. This is why we believe that: Asylum seekers have a right to continue their movement until they reach a country that can assess their claim and provide them with, at a minimum, the protections guaranteed under the Convention and Protocol and the rights guaranteed to them under the major international human rights treaties. The Preamble to the Refugee Convention states that the contracting parties considered that the grant of asylum can place unduly heavy burdens on certain countries and it was therefore agreed that a satisfactory solution could only be achieved with international cooperation. The humanitarian crisis of the world's refugee population will only be solved with a truly global solution. Australia is in a position to make a significant positive contribution to this solution in the true spirit of international cooperation. Australia must act as a responsible global citizen assisting the United Nations High Commissioner for Refugees (UNHCR) and the global community to move toward long-term solutions - both in the provision of assistance and protection for refugees, and in finding ways to address the causes and conditions of refugee flows (including conflicts and wars, social upheavals, and conditions of extreme poverty and inequality). 
Australia must commit generous funding to UNHCR and take on a fair share of the burden of asylum that currently falls predominantly on poorer and developing nations - including aid and assistance to the countries that currently bear the burden of the world's refugee population and a commitment to providing fair processes and full protection for asylum seekers / refugees who travel to us in their search for safety. Alongside this, we must continue our commitment to providing resettlement places and to genuinely promoting resettlement programs both in Australia and internationally. Australia cannot provide a home to all the world's refugees, but we can make a more substantial contribution to solutions. Through a broad general humanitarian program Australia can take on a more responsible and far-reaching role as a wealthy nation with a strong commitment to human rights. The Uniting Church believes that wealthy and secure countries such as Australia should play a greater role in the international system of protection for refugees. National leaders should be expanding commitments to resettlement and the international community must seek long-term solutions that alleviate the continual burden of first asylum that falls on developing nations by increasing funding of UNHCR and UN humanitarian work, providing adequate direct assistance to first asylum countries, and addressing the root causes of refugee flows. back [to asylum seekers and refugees index page] forward [to what's wrong with current Government policy] |
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