THE FUTURE OF REFUGE: RETHINKING GLOBAL GOVERNANCE FOR A WORLD ON THE MOVE

Abstract

This research paper attempts to examine the deepening crisis of the international refugee regime. The current system has been anchored by the 1951 Refugee Convention and its 1967 Protocol. This system is now outdated. It further faces severe strain. In the context it is ridden by complex, multi-causal displacement driven by intersecting forces. These forces have included persistent conflict. They have also encompassed the escalating impacts of climate change. Another factor has been pervasive societal violence. Finally, severe economic distress has further contributed to the crisis. The article, therefore, has argued that the existing framework has become fundamentally ill-suited for contemporary realities. It perpetuates a cycle of short term crisis response. It also perpetuates profoundly inequitable responsibility sharing among states. Furthermore, it leads to the steady erosion of protection standards and fundamental rights. Through a qualitative policy analysis, this paper examines the core systemic failures. These include widespread state non-compliance with core principles. They also include the deliberate narrowing of legal protection spaces. A critical finding that has emerged is the acute hosting responsibility disparity that exists between global North and South. The paper has, therefore, posits that incremental reform is no longer a viable path. Instead, the present study advocates for a foundational rethinking of global governance architecture. This rethinking must be based on principles of equitable responsibility sharing and mobility justice. It also requires the creation of adaptive, forward looking protection mechanisms. The discussion explores several transformative governance models. These include the development of a new binding framework on responsibility sharing. Another is the formal expansion of protection categories to include climate displaced persons. A third has been the strategic integration of humanitarian pathway(s) into broader global migration governance systems. The conclusion is therefore, clear and urgent. Without such paradigmatic shifts, the institution of asylum would risks being further rendered obsolete. It may be replaced by further fragmented and often harmful state practices. These practices have failed in order to uphold the basic dignity and rights of the people compelled to leave their homes. The implications for international order and human security therefore have become severe.

Keywords: Refugee Governance, 1951 Refugee Convention, Responsibility Sharing, Climate Displacement, Mobility Justice, Global Compact On Refugees, Asylum, Forced Migration, International Law