Europe developed a regional refugee protection framework by adopting the Common European Asylum System in 1999. The System is comprised of four established legal instruments: the Dublin II Regulation; the Reception Condition Directives 2003/9/EC; the ...
Europe developed a regional refugee protection framework by adopting the Common European Asylum System in 1999. The System is comprised of four established legal instruments: the Dublin II Regulation; the Reception Condition Directives 2003/9/EC; the Qualification Directive 2004/83/EC, and the Asylum Procedures Directive 2005/85. These have contributed to developing a regional framework on asylum as a way to provide a common standard for refugee status determination and treatment for asylum seekers and refugees.
Compared with Europe, Asia does not have done a particular framework on asylum. Most Asian countries are not parties to the 1951 Convention Relating to the Status of Refugees, so they have no mandate to implement the Convention into their national law. Therefore, these states do not have adequate systems or laws relating to refugee status, which causes widespread human rights violation against asylum seekers and refugees. In addition, these countries are reluctant to sign international human rights treaties. Bearing in mind this tendency, it is more effective to take a phased approach that starts from building up a regional cooperative framework.
The formation of a regional refugee protection framework in Asia needs guidance for developing its contents from an advanced model such as the European one. Through analysis of European legal instruments such as minimum standards for asylum seekers and refugee, some contents are adaptable to form a regional refugee protection framework in Asia. Furthermore, the Asian framework should take into consideration the Asian context, building regional cooperation, commitment of individual state parties to respecting refugee law, the 1951 Refugee Convention and the 1967 Protocol.
Through building up a regional cooperative framework, Asia should take responsibility for mixed migration issues in the region and prevent further human rights violation in Asia.