Responses of industrial countries to asylum-seekers.

Responses of industrial countries to asylum-seekers. Since the mid-1980s, governments of industrial countries haveviewed burgeoning requests for political asylum political asylumn → asilo pol��ticopolitical asylumn → asile m politiquepolitical asylumpolitical n with increasingskepticism, and their representatives have met in many forums to discussways to control the flow of asylum-seekers. Increasingly, they havestressed the security dimensions of what have been viewed as primarilyhumanitarian issues. Furthermore, states have entered intoregional-level discussions about initiatives to achieve the objectivesof controlled and orderly movement. Their discussions, which raisefundamental issues about the effects of migration on states andsocieties in Europe and North America North America,third largest continent (1990 est. pop. 365,000,000), c.9,400,000 sq mi (24,346,000 sq km), the northern of the two continents of the Western Hemisphere. , pose a challenge to the role ofmultilateral agencies like the U.N. High Commissioner for Refugees(UNHCR UNHCRn abbr (= United Nations High Commission for Refugees) → ACNUR mUNHCRn abbr (= United Nations High Commission for Refugees) → HCR m) with their more global perspectives and narrow mandates. Thisarticle examines industrial states' recent exchanges and probablefuture policies in response to growing numbers of asylum applicationsduring the last decade. In Europe, North America and Australia, applications for asylumrose from 90,444 in 1983 to about 825,000 in 1992.(1) Over three millionapplications have been made in Europe since 1983.(2) The applicants cameuninvited un��in��vit��ed?adj.Not welcome or wanted: uninvited guests.uninvitedAdjectivenot having been asked: uninvited guests and unscreened. Governments' skepticism about claims ofpolitical persecution was reflected in the fact that in 1991, a typicalyear, the acceptance rate for asylum applicants in Europe was 5percent.(3) Western European governments estimated that 70 percent ofthe 420,000 applicants in 1990 arrived without documents, many fromcountries that routinely issue them.(4) Nevertheless, governmentspermitted many of the more than one million applicants rejected over thelast decade to stay under ad hoc For this purpose. Meaning "to this" in Latin, it refers to dealing with special situations as they occur rather than functions that are repeated on a regular basis. See ad hoc query and ad hoc mode. temporary statuses, such as "leaveto stay for humanitarian reasons."(5) The level of asylumapplications made heavy demands on the asylum adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. systems,which had large backlogs of unresolved cases. States viewed thissituation as an invitation to those seeking a way to penetrateindustrial countries' labor markets. Care and maintenance ofapplicants and their families during the adjudication process siphonedoff government funds and tested public tolerance. At the same time,governments, as well as human rights groups and public sentiment in manycountries, emphasized that, despite the pressures and even possibleabuse of asylum procedures, asylum itself must be maintained, andpersecuted people ought not to be sacrificed to "publicorder." DEMANDS ON ASYLUM SYSTEMS In the mid-1980s, European states grew concerned about the growingnumber of asylum applications, the risk of terrorism and the use ofWarsaw Pact Warsaw Pactor Warsaw Treaty OrganizationMilitary alliance of the Soviet Union, Albania (until 1968), Bulgaria, Czechoslovakia, East Germany, Hungary, Poland, and Romania, formed in 1955 in response to West Germany's entry into NATO. states as a transit corridor for third world asylum-seekersto harass Western European states vulnerable because of their asylumsystems. Applications continued to rise as communist governmentsunravelled in East Central Europe Central Europe is the region lying between the variously and vaguely defined areas of Eastern and Western Europe. In addition, Northern, Southern and Southeastern Europe may variously delimit or overlap into Central Europe. and the former Soviet Union.Instability in these regions was a growing concern for Western Europe Western EuropeThe countries of western Europe, especially those that are allied with the United States and Canada in the North Atlantic Treaty Organization (established 1949 and usually known as NATO). .In North America, the migration picture had some similar dimensions.Canada was shaken by the arrival of a freighter from Germany with SriLankan asylum-seekers. Central Americans, Haitians and Cubans soughtasylum in the United States The United States honors the right of asylum of individuals as specified by international and federal law. A specified number of legally defined refugees, who either apply for asylum overseas or after arriving in the U.S., are admitted annually. . As the numbers continued to increase, asylum, illegal migration,the remnants of guest worker programs and the fear of even greaterasylum demands following the breakup of the Soviet Union all mademigration a politically sensitive issue in Europe. Anti-immigrantpolitical parties gained strength. Anti-foreigner incidents increasedand provoked controversy.(6) Questions were raised about Europe'scapacity to absorb refugees and the wisdom of even trying to incorporateculturally very different people into ethnically based societies.Chancellor Helmut Kohl Helmut Josef Michael Kohl (born April 3, 1930) is a German conservative politician and statesman. He was Chancellor of Germany from 1982 to 1998 (West Germany between 1982 and 1990) and the chairman of the Christian Democratic Union (CDU) from 1973-1998. declared that Germany was not a country ofimmigration immigration,entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important. . French Interior Minister Charles Pasqua Charles Pasqua (born 18 April 1927, Grasse, Alpes-Maritimes) is a French businessman and Gaullist politician. He was Interior Minister from 1986 to 1988, under Jacques Chirac's cohabitation government, and also from 1993 to 1995, under the government of Edouard Balladur. told Parliament:"France was once a country of immigration, but it no longer wantsto be one ... [T]he goal we have set is zero immigration."(7) TheEuropean press, intellectuals and the public discussed whether Muslimscould be integrated into Western liberal democracies. Economic unification in the European Community (E.C. -- referred toas the European Union [E.U.] since November 1993) has complicatedWestern Europe's attempts to manage the demand for safe haven 1. Designated area(s) to which noncombatants of the United States Government's responsibility and commercial vehicles and materiel may be evacuated during a domestic or other valid emergency.2. andsettlement. Industrial countries' special relationships withrefugees' countries of origin, based on colonial histories,geographical proximity and military alliances, make dealing with thearrival of asylum-seekers still more complex. Requests by receiving countries that neighbors share the burden ofreception and accommodation have fallen on deaf ears. Italy receivedlittle support in the face of boatloads of Albanian asylum-seekers.Calls by Austria and Germany to share the burden of refugees from thefighting in the former Yugoslavia have likewise evoked a limitedresponse. These are only the latest weak responses to calls forburden-sharing agreements and mechanisms in the United Nations andEuropean forums.(8) COST OF ASYLUM ADJUDICATION SYSTEMS Asylum is expensive. Care for asylum applicants in industrialcountries and adjudication of their claims are estimated to cost from $8billion to $10 billion annually.(9) This contrasts with a 1992 budgetfor the UNHCR of about $1.1 billion.(10) Even adding in the separateU.N. Relief and Works Agency, which is responsible for Palestinianrefugees, the bill for asylum adjudication in industrial countries ismany times the amount U.N. agencies spend on refugees. At the same time, hard times in Europe and North America haveincreased the burden of generous asylum policies. The economies of thetwo continents remain in the grip of sluggish growth that began in theearly 1980s. Unemployment in Europe runs at about 10 percent and isforecast to climb even higher.(11) The United States United States,officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. experienced nogrowth in the labor force outside the public sector between 1990 and1992.(12) Moreover, fears that the North American Free Trade Agreement North American Free Trade Agreement(NAFTA), accord establishing a free-trade zone in North America; it was signed in 1992 by Canada, Mexico, and the United States and took effect on Jan. 1, 1994. (NAFTA NAFTAin full North American Free Trade AgreementTrade pact signed by Canada, the U.S., and Mexico in 1992, which took effect in 1994. Inspired by the success of the European Community in reducing trade barriers among its members, NAFTA created the world's ) will cause unemployment have sharpened Americans' concerns. Much of the U.S. debate and policy making has taken place amidcharges by some political leaders and proponents of immigrationrestriction that immigration, in all its guises, is "out ofcontrol" and that "something has to be done." Publicfigures, like Governor Pete Wilson For others named Pete Wilson, see .Peter Barton Wilson (born August 23, 1933) is an American Republican politician from California. Wilson served as the thirty-sixth Governor of California (1991–1999), the culmination of more than three decades in the public arena that of California, are calling forrethinking immigration policy An immigration policy is any policy of a state that affects the transit of persons across its borders, but especially those that intend to work and to remain in the country. and improving border control. Haitian boatpeople and Chinese asylum-seekers arrived against this background. An economic argument for permitting, much less welcoming,large-scale settlement by asylum-seekers would be difficult to make. Thecosts of adjudication and maintenance during prolonged asylum processingseem unjustified to the president and to congressional proponents ofstreamlining the asylum process, especially when so many applicants areeventually rejected. GOVERNMENTS' RESPONSES Rising asylum applications in Western Europe -- from 65,000 in 1983to 164,000 in 1985(13) -- forced governments to discuss the implicationsof these changes for Europe and for asylum as an institution.(14) At theoutset, the only forums for such contacts were the UNHCR ExecutiveCommittee's Subcommittee on Protection (meeting once a year) andThe Ad Hoc Committee ad hoc committeeA committee formed with the purpose of addressing a specific issue or issues, which theoretically is disbanded once its raison d'etre is finished of Experts on the Legal Aspects of TerritorialAsylum (CAHAR CAHAR Committee of Experts on Legal Aspects of Asylum, Refugees and Stateless Persons (EC), following the acronym for its French title) within theCouncil of Europe Council of Europe,international organization founded in 1949 to promote greater unity within Europe and to safeguard its political and cultural heritage by promoting human rights and democracy. The council is headquartered in Strasbourg, France. (meeting twice a year).(15) By 1991, more than 100meetings on asylum took place in 30 different forums in that yearalone.(16) While the public discussion swirled around immigrants in generaland asylum-seekers in particular, governments talked to one another andtook measures, primarily in their individual, sovereign capacities, toalter their asylum procedures, which had given applicants the benefit ofthe doubt. High rejection rates led governments to conclude that manyapplicants were abusing their liberal asylum procedures. If asylum andpublic support for it were to be preserved, and order brought to thesystem, changes had to be made. Many changes in domestic asylum law in both Europe and NorthAmerica were designed to screen out manifestly unfounded applicants atthe border. States also imposed regulations fining carriers thattransported passengers with insufficient or false documents. Germany andFinland legalized fingerprinting to prevent the same people from filingmultiple applications. Belgium, Switzerland, Austria and Finlandintroduced laws to screen out clearly unqualified applicants, and theUnited States introduced the Immigration Enforcement and Asylum ReformAct in July 1993 (but it was not acted on by the end of the 1993session) with similar objectives. Germany altered its Basic Law in June1993 to permit changes in asylum procedures. Bilateral agreements were another mechanism, for dealing withunwanted flows of asylum-seekers. Germany now has agreements withneighboring states permitting rejection of applicants at the border ifthey have passed through a "safe country" -- that is, acountry that has an asylum process that meets international standardsand is not itself a source of asylum-seekers. For example, Bonn returnsasylum-seekers who travel through Poland to claim asylum in Germany. TheGerman government supplies funds under its bilateral agreement to meetthe additional costs Poland incurs.(17) The intention is to send themessage that safe haven may be found in Eastern Europe Eastern EuropeThe countries of eastern Europe, especially those that were allied with the USSR in the Warsaw Pact, which was established in 1955 and dissolved in 1991. if one is fleeingdanger and persecution. While there is a right to seek asylum,asylum-seekers have no right to choose the country in which it will begranted. Governments admit that fewer asylum-seekers may settle in WesternEurope. They argue, however, that many of those screened out throughrapid procedures would also be excluded through more elaborateprocessing. They maintain that streamlining does not reduce access toasylum but rather makes asylum processing more efficient. Asylum isstill available, but not necessarily in Western Europe. If would-beasylum claimants choose to stay home rather than receive safe haven inPoland or Hungary, this merely calls into question how genuine theirasylum claims were in the first place. Many critics argue that these moves have reduced genuinelypersecuted people's access to safe haven. Many European countriesnow require that citizens of the former Yugoslavia (notably those fromBosnia and Kosovo) possess entry visas. Because diplomaticrepresentation is scarce in the successor states of Yugoslavia, would-beapplicants must travel to a neighboring country to apply for a visa. Ifthey go first to Germany, then neither Britain nor Sweden will entertaintheir asylum requests because Germany is a safe country. The United States also has made asylum consistently difficult toobtain for applicants from the Western Hemisphere. In 1980, the UnitedStates adopted a policy intended to screen people in refugee camps in anorderly way and transport them to the United States for permanentsettlement. The ink on the legislation, signed in March 1980, was hardlydry when the Mariel boat lift from Cuba to the United States began inApril. The Marielitos were the decade's first case of what was tobecome the major refugee issue of the 1980s for the United States --asylum claims by Central Americans and Caribbean Islanders. SuccessiveU.S. presidents tried to avoid the transformation of orderly refugeeresettlement Re`set´tle`mentn. 1. Act of settling again, or state of being settled again; as, the resettlementof lees s>.The resettlementof my discomposed soul.- Norris. into a massive asylum program. The United States has followed an unofficial policy of not being afirst asylum country for the Western Hemisphere.(18) U.S. policiestoward migration and asylum claims by or on behalf of Nicaraguans,Salvadorans, Guatemalans and Haitians support this interpretation.During the Reagan and Bush administrations, the acceptance rate forCentral American asylum applicants was low, often in the singledigits.(19) For example, in 1981, President Reagan introduced a policyof interdicting Haitians on the high seas high seasIn maritime law, the waters lying outside the territorial waters of any and all states. In the Middle Ages, a number of maritime states asserted sovereignty over large portions of the high seas. and providing quickadjudication on board ship or at the Guantanamo Naval Base in Cuba. In1992, the Bush administration adopted a policy to return interdictedHaitians directly to Haiti without hearings. Haitians must apply withinHaiti for asylum to the United States. President Clinton has continuedthis policy. The Supreme Court of the United States Supreme Court of the United StatesFinal court of appeal in the U.S. judicial system and final interpreter of the Constitution of the United States. The Supreme Court was created by the Constitutional Convention of 1787 as the head of a federal court system, though it was has permitted thepractice to stand, holding that it does not violate treaty obligations.Large-scale migration from Haiti or Cuba remains a distinct worry forthe State Department and the Immigration and Naturalization Service Noun 1. Immigration and Naturalization Service - an agency in the Department of Justice that enforces laws and regulations for the admission of foreign-born persons to the United StatesINS .While Cubans continue to be treated differently, because of U.S.opposition to the Castro regime and the political influence of theCuban-American community, there has been no attempt to encourage oraccommodate large-scale emigration emigration:see immigration; migration. even from Cuba. The United States plans to accept about 122,000 refugees forresettlement from overseas in fiscal year 1994, most of them from theformer Soviet Union or Vietnam. In contrast, most asylum applicants comefrom the Western Hemisphere, 62 percent in 1993.(20) El Salvadorans andNicaraguans are arriving in smaller numbers, only to be replaced byGuatemalans, who, in 1992, accounted for 44,000 (42 percent) of the104,000 asylum applications received in the United States.(21) Theisland nations of Haiti and Cuba present the greatest risk of mass,uncontrolled movement to the United States in the near future. Canada adopted a law in December 1992 that tightened asylumadjudication and permitted Canadian authorities to return applicants toa safe country in which they had been turned down, or through which theyhad passed without requesting protection. The purpose is to reduceasylum shopping -- asylum applicants going to a country with the easiestcriteria or with procedures that permit a lengthy adjudication. ECONOMIC INTEGRATION In both Europe and North America, economic integration iscomplicating efforts to deal with asylum. The European Union'splans to do away with internal borders mean that every member countrywill be affected by the asylum policy, practice and capacity of everyother member. Like many issues affecting national identity in the E.U.context, this has been controversial. Any immigration policy that dejure [Latin, In law.] Legitimate; lawful, as a Matter of Law. Having complied with all the requirements imposed by law.De jure is commonly paired with de facto, which means "in fact. or de facto [Latin, In fact.] In fact, in deed, actually.This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. increases membership in a country increases thepotential pool of E.U. internal migrants. In North America, on the other hand, economic integration has notincluded the issue of free movement. The Canada-U.S. Free TradeAgreement and NAFTA contain migration provisions that simplify movementof non-immigrants for business purposes, but neither agreement givescitizens access to residence and work across an open border. Therefore,there is no question, as in Europe, of a direct link between integrationand migration. However, economic links and Mexico's potentialattractiveness to refugees as its economy grows tie together theinterests of the North American North Americannamed after North America.North American blastomycosissee North American blastomycosis.North American cattle ticksee boophilusannulatus. partners more closely on issues relatedto asylum seeking, such as political and economic conditions in CentralAmerica and the Caribbean. Mexico is now a country of immigration, withlarge movements from Guatemala and El Salvador over its southern border,even while it remains a significant country of emigration. It is in theinterests of Canada and the United States The United States and Canada share a unique legal relationship. U.S. law looks northward with a mixture of optimism and cooperation, viewing Canada as an integral part of U.S. economic and environmental policy. to discuss with Mexico theharmonization of asylum and refugee Ask a Lawyer QuestionCountry: United States of AmericaState: All States/ProvincesI came to America last month by visitor visa and I am awed to stay six months. policy and practice. Furthermore,cooperation among the North American partners on asylum issues and, moregenerally, on migration policy, will add to NAFTA's success. THE DRIVE TO HARMONIZE POLICIES In response to rising applications for asylum, combined witheconomic integration and slow growth, industrial countries have soughtto coordinate their asylum policies. "Harmonization" becamethe buzzword A term that refers to the latest technology or a term that sounds catchy. If not a flash in the pan, new technologies become mainstream. For example, Java was a hot buzzword in the 1990s, but should remain a major topic for decades. for attempts to agree upon and implement policiesundertaken jointly or collectively or, if pursued unilaterally, thatnevertheless are compatible and similar in goals, content and style. Aspreviously noted, over 100 meetings among developed countries of Europeand North America addressed this issue in 30 forums in 1991 alone.(22)These diplomatic forums have been distinctively intergovernmental. Eachgovernment reserved for itself the competence to deal with the issue.Only in the case of the European Commission of the European Union withthe Maastricht Treaty has any multilateral body been given powers overmigration, and even these are limited. States have the right andobligation to protect their borders, including deciding who may enterand under what conditions. The state is expected to protect itscitizenry and culture from being overwhelmed by undue externalinfluences, strengthening national integrity and continuity throughprotective educational and institutional means. Prevailing concepts ofthe nation include the right to preserve a culture and way of life, andthe state is expected to strengthen cultural integrity and continuitythrough education, cultural institutions and efforts to protect nationalcultures from "undue" external influences. The controversyover films and television production in the Uruguay Round of the GeneralAgreement on Tariffs and Trade General Agreement on Tariffs and Trade(GATT), former specialized agency of the United Nations. It was established in 1948 as an interim measure pending the creation of the International Trade Organization. is an example of states' sensitivityto what they perceive as their obligations in such matters. Statepolicies on education, language, cultural institutions and evenintegration services given to refugees on arrival merely underscore thewidespread acceptance of the government's role in maintainingcultural integrity. The close relation of protecting borders to thetraditional concept of an international community based on nation-statesmakes transfer of entry control to a multilateral agency controversial.States are reluctant to cede asylum decisions to the United Nations orany other multilateral body. Issues of citizenship and entry, of cultureand language and of political values and structure, cut close to thecore of nation-states' vital functions. The proliferation of diplomatic forums reflects the lack ofexisting bodies with the right mix of members to deal with the manyfacets of migration. In Europe, for example, the E.C. member states hadto address migration and asylum issues to achieve a single market, butthe Twelve realized that they had to reach out collectively even tocountries outside Europe to address other issues like East-West movementand cooperation among all industrial countries facing massive asylumclaims. The end of Soviet hegemony in East Central Europe and thecollapse of the Soviet Union itself continue to pose a threat of massivemigration that would affect all of Western Europe, including nonmembersof the European Union, as well as the North Atlantic partners, Canadaand the United States. Even when migration and asylum issues were taken up in existingforums, discussion often occurred outside normal institutionalframeworks in various ad hoc committees, informal groups and periodicmeetings referred to as "processes." Migration issues did notfit easily into existing forums, and special arrangements were developedto formulate policies. Special-purpose, multilateral agencies (likeUNHCR) had mandates that didnot directly address important aspects of the bond presumed tounderlie liberal democracies -- national integrity, fundamentalpolitical values and legitimation of the state through self-governmentrooted in nationality (and often an ethnically based national identity). Both Canada and the United States participated with Europeancountries in forums that discussed asylum, including visa requirements,carrier sanctions and the choice of "safe" countries. Canadahas sought the signature of the United States and some Europeancountries to a Memorandum of Understanding A Memorandum of Understanding (MoU) is a legal document describing a bilateral or multilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action and may not imply a legal commitment. specifying criteria fordetermining which country should decide on an application for asylum.The basic concept is that people who travel through a safe country butdo not seek asylum will be returned there for asylum adjudication. Inother words Adv. 1. in other words - otherwise stated; "in other words, we are broke"put differently , if a person from Central America went to Canada through theUnited States and requested asylum only upon arriving in Canada, Canadawould return the applicant to the United States to decide on theapplication. This is to prevent asylum shopping. The idea is similar toarrangements proposed in Europe's Dublin and Schengen agreementsand the bilateral accords that Germany struck with Poland and Hungary,with Bonn paying the costs.(23) Canada proposes to share some of theburden this more orderly system may impose on the United States byvoluntarily adjudicating some cases during a phase-in period. Neitherthe United States nor Europe has embraced the Canadian proposal,probably for the same reason. Under its proposed memorandum,asylum-seekers would move only out of Canada, not into it. These European and American discussions have involved a largeexpenditure of diplomatic resources and yielded precious littlecollective action. Broad agreements like Dublin and Schengen, to saynothing of grander schemes like a single market for migration in theEuropean Union, have taken much time to conclude and remain to beimplemented. To put things into perspective, there have been fewer thanten years of diplomatic effort. The discussion involves such fundamentalprinciples as sovereignty, identity, security and social stability. Itis no wonder that states and their citizens balk balkthe action of a horse when it refuses to obey a command to which it usually responds. See also jibbing. at solutions thatchallenge these basic values. If one looks at these diplomatic efforts not in terms ofsubstantive solutions but as a search for governance models, theirrichness and ingenuity is amazing, even if that creativity may sometimesmake substantive results harder to achieve. The expansion of forums todiscuss various aspects of migration and to accommodate different mixesof participants runs the risk of diffuse or uncoordinated un��co��or��di��nat��ed?adj.1. Lacking physical or mental coordination.2. Lacking planning, method, or organization.un actions orinaction. The Declaration of the Rhodes European Council of 1988mandated the establishment of a group of national coordinators on theFreedom of Movement of Persons precisely in response to theproliferation of groups and subgroups dealing with asylum, refugee andmigration issues.(24) On the other hand, that governments have even discussed issues thatwere heretofore in the realm of sovereign rights is a major change. Inthe past decade they have reached common understandings about the natureof the asylum issue and shared goals, and adopted unilateral policiesthat mirror or harmonize with those of their neighbors. Collectiveasylum policies may be incorporated into expanded mandates of existingorganizations. Or asylum may be a new problem that requires newinstitutions for cooperative action. Alternatively, the current patternof harmonizing individual state programs through discussion may persist. REGIONAL INITIATIVES In the course of meetings in Europe and in North America,negotiators have generally presumed asylum processes have an importantregional character, and this has caused tension between states andUNHCR. While UNHCR has called for regional political efforts to resolverefugee-producing conflicts,(25) UNHCR has taken a dim view ofstates' efforts to organize regionally to agree on policy andprograms.(26) Tensions between governments and UNHCR were evident in discussionsabout policies regarding the former Yugoslavia held in the framework ofthe Intergovernmental Consultations (IGC (Integrated Graphics Controller) The inclusion of the video display circuitry on the motherboard. An IGC is typically contained in the chipset, such as the Northbridge. See integrated graphics and IGP. IGC - Institute for Global Communications ), an ad hoc mechanism involving13 European governments, the United States, Canada and Australia. TheIGC, funded by the member states, has an agreement with UNHCR to provideadministrative services, and UNHCR itself is a participant in the IGC.In the summer of 1992, a few member governments requested the assistanceof the IGC secretariat in organizing a meeting limited to themselves (anaction for which there were precedents on other issues) to discusspolicies toward the former Yugoslavia that UNHCR considered to be atodds with its own policy line. The tension was over the proper role ofstates and a U.N. agency. Should a U.N. agency seek to block states fromusing a mechanism for which they directly pay when the agency objects tothe orientation of the meeting? The matter is complex and arouses deepfeelings. Regional efforts to share the burden of asylum in Europe,while supported by UNHCR in principle, can simultaneously challenge thatagency, if it perceives that such efforts contradict or weaken globalhumanitarian standards for the protection of asylum-seekers andrefugees.(27) Sometimes governments wish to meet to discuss issues andshare ideas without being held to certain positions. States emphaticallyrefuse to concede their final sovereign responsibility for policy makingto the United Nations or any other multilateral agency. This disputeconcerns not just UNHCR's participation in the deliberations of IGCmember states, but initiatives in policymaking pol��i��cy��mak��ingor pol��i��cy-mak��ing ?n.High-level development of policy, especially official government policy.adj.Of, relating to, or involving the making of high-level policy: , influence and theauthority to make or veto decisions. Neither the governments nor the publics of European countriesuniversally support a goal of regional agreements on asylum. Thedifficulties in achieving ratification of the Dublin Convention are acase in point. The outcome of regional discussions to date has been torestrict access to European countries and, at least potentially, tothreaten asylum as an option for the politically persecuted. Broadlyspeaking, within governments, foreign ministries are more open tomultilateral institutions, even those with strong representation bydeveloping countries that send migrants and asylum-seekers to Europe.Diplomats work in such an atmosphere and their willingness toaccommodate their counterparts may overshadow o��ver��shad��ow?tr.v. o��ver��shad��owed, o��ver��shad��ow��ing, o��ver��shad��ows1. To cast a shadow over; darken or obscure.2. To make insignificant by comparison; dominate. the domestic implicationsof cooperation. When the issue involves refugee and asylum flows, not tosome distant country but to an industrial country itself, policyinfluence shifts to officials responsible for home affairs, who tend tobelieve that states should continue to make the key decisions aboutmigration. Until very recently in the development of the E.C./E.U., forexample, migration and asylum issues were the almost exclusive concernof interior and justice ministers working out the procedures and policyto implement the single market.(28) In the various European forumsdeveloped to discuss asylum, interior ministry representatives dominatedor were highly visible members of delegations -- not unusual forinternational meetings. A major concern of European governments has been security; somefear that asylum programs may admit terrorists or that large-scaleimmigration, including refugees, may destabilize de��sta��bi��lize?tr.v. de��sta��bi��lized, de��sta��bi��liz��ing, de��sta��bi��liz��es1. To upset the stability or smooth functioning of: their countries. Recentdiplomatic efforts such as the UNHCR meeting on asylum-seekers andrefugees in May 1985, the Schengen Agreement in June 1985, and theStockholm meeting in November of 1985, which included the leadingEuropean countries of asylum, were all intended to address securityconcerns and build domestic support for sustainable asylum programs. While asylum remains a humanitarian issue, it has always containedan element of state self-interest. States act collectively when anotherstate does not or cannot do what is normally expected of a sovereignstate SOVEREIGN STATE. One which governs itself independently of any foreign power. . Ever since states first developed intergovernmental agencies todeal with refugees, beginning in 1921 with the League of Nations,governments have cooperated on behalf of refugees outside their countryof citizenship. Such actions do not necessarily require intervention onthe territory of the state from which refugees have come. Rather, theinternational refugee regime is a collective effort to deal with thefailure of individual states to protect their citizens, threateningother states with the influx of multitudes without documents, protectionor means of subsistence. Refugee programs and grants of asylum are notjust humanitarian gestures by states. Beyond upholding human rightsvalues, such collective programs, as well as state adherence to theirobligations under international conventions, also have addressed acollective threat to the stability and operation of the nation-statesystem. North American governments may also be according greater weight tosecurity considerations in dealing with asylum and migration. A Clintonadministration proposal to reorganize the U.S. State Department assignsresponsibility for population and migration policy, along with refugeepolicy and programs, to the former Refugee Bureau under an assistantsecretary reporting to a new undersecretary for Global Affairs, whoseother responsibilities include the environment, human rights, terrorismand drugs. The Defense Department has created an office to developtraining and doctrine on humanitarian responses by the military. TheCentral Intelligence Agency has established an office with a similarfocus on humanitarian issues. Meanwhile, strategic study think tanks and foundations in Europeand especially in North America are turning to "soft security"issues like population growth, migration, drugs and terrorism in theirconferences and proposals. These developments indicate a trend towarddefining migrants, refugees and asylum applicants as major securitychallenges. Asylum and refugee issues are no longer seen exclusively ashumanitarian matters. The reputation and influence of the strategicanalysis wing in academia, think tanks and the government increase theprobability that security concerns will be asserted in futurediscussions. In addition, trilateral and bilateral meetings in North Americaalso suggest a trend toward regional state-led initiatives. This is notat all surprising in light of the United States' long-standingaversion to influence by multilateral agencies. Washington has not usedUNHCR to assist or provide guidance on refugee and asylum issues on itsown territory. The United States has always preferred to channel mostdevelopment assistance directly through the U.S. Agency of InternationalDevelopment rather than through U.N. agencies. Consensus and regionalcooperation arrived at through discussion still preserve the stateinitiative and freedom of action so prized by opponents ofmultilateralism. It is easy to assert that these trends toward a regional andsecurity-minded approach reveal double standards. Human rightssupporters and others concerned with protection of refugees pressuregovernments not to give in to fear or prejudice. They consider asylumessential to the integrity of the liberal democratic values that statesclaim they are trying to protect by restricting access. Human rightssupporters point out that acknowledgement of longstanding pluralism,even in so-called homogeneous societies, is one way to overcomehesitation and fear of foreigners in need of protection and help. UNHCRand the human rights communities emphasize the need to protect hard-wonuniversal standards in refugee work.(29) Current regional discussions,with their emphasis on control and reducing unfounded claims, seem tothem to threaten asylum and UNHCR's refugee protection mandate. The counterargument is that Western countries are de facto beingasked to provide not safe haven but resettlement. Their critics often donot acknowledge that the asylum system is abused. The need to havepublic support for asylum or any other migration policy cannot bebrushed aside by demands for greater moral leadership. These philosophical and institutional trends already have bornefruit in both European and North American law, regulation and programs.First, as noted, many countries adopted triage procedures to removemanifestly unfounded applications for asylum. Second, they havesimplified procedures to reduce time-consuming advisory opinions andother mechanisms that have contributed to long backlogs in adjudication.Third, many countries have adopted the safe country concept and nowrefuse entry at the border of a safe country or have entered intoagreements to return asylum-seekers to safe countries. Finally, statesare increasing resources for more staff and modern technology to processapplications, to prevent multiple applications in different countriesand to protect borders.(30) In contrast, most intergovernmental regional efforts have not gonebeyond discussion. Collective initiatives may develop in the future, butthey are likely to be confined to be in childbed.See also: Confine to the European Union and other closeeconomic unions. States have harmonized policy, however, by adoptingsimilar legislation and procedures, and by concluding bilateralagreements, especially those establishing programs between countrieswith common borders. If states act unilaterally in a similar fashion intheir sovereign capacities, the outcome for the asylum applicants may beindistinguishable from a response under the authority of aninternational agency. Although states have not achieved a high level ofjoint action on asylum through multilateral agencies, even in thecontext of the European Union, discussions by participant states in themany forums on both sides of the Atlantic have led to commonunderstandings and similar laws and regulations that have tightened upaccess to asylum procedures, reduced the number of reviews and increasedinformation sharing among states. Asylum applications declined in many countries following stateinitiatives on asylum procedures.(31) Between February and October of1992, Canada reported 25,500 applications for asylum. After passage ofasylum legislation, applications fell to 13,000 over the same 9-monthperiod in 1993.(32) Applications fell in other countries that took"defensive" measures. Between 1991 and 1992, applications forasylum in Switzerland declined from 41,600 to 18,100; in the UnitedKingdom, from 57,700 to 24,600; in France, from 46,500 to 27,500; and inAustria, from 27,300 to 16,200.(33) Such legislation, however, mayprompt many who formerly used asylum procedures to enter illegally. CONCLUSION Attempts to harmonize asylum policy must consider the issue ofsovereignty. Control of access at the border is assumed to be one of itsessential elements. Yet the European Union has required modifyingindividual states' absolute claims to control of entry. In asimilar manner, safe country agreements for determining which countryshould adjudicate adjudicate (jōō´dikāt´),v an asylum application may add to a country'scaseload case��load?n.The number of cases handled in a given period, as by an attorney or by a clinic or social services agency.caseloadNoun , even if the applicant has already left the country and neverapplied for asylum while there. To be sure, a state may repudiate TO REPUDIATE. To repudiate a right is to express in a sufficient manner, a determination not to accept it, when it is offered. 2. He who repudiates a right cannot by that act transfer it to another. anagreement, and this can be used to argue that sovereignty is not beingrelinquished. In reality, the practice of sovereignty is modified ifstates pursue cooperation to regularize reg��u��lar��ize?tr.v. reg��u��lar��ized, reg��u��lar��iz��ing, reg��u��lar��iz��esTo make regular; cause to conform.reg and manage what seems beyondtheir capacity to manage unilaterally. While regional and security-oriented approaches are in tension withglobal and humanitarian orientations, it is misleading to present thesealternatives as mutually exclusive. A regional approach can maintainuniversal standards in a particular regional context. Inefficientprocedures that allow delays are not synonymous with protecting theright to seek asylum. A tension remains, however, concerning not onlytheory and doctrine but also budgets and control of multilateralagencies. At this point, much of the debate over asylum policy gives theimpression that these approaches are incompatible. "Globalhumanitarians" claim that a regional or security-oriented stance isan attempt to destroy the asylum system and endangers persecuted people.Those emphasizing the central role of states and security concernscondemn the former group's failure to acknowledge abuse of thesystem, waning public support and the legitimacy of concerns aboutsecurity as unrealistic at best and, at worst, as a greater threat tothe political viability of asylum than any tightening of access. UNHCR will most likely continue to play a central role in refugeeand asylum policy making and program implementation around the world.The office's past performance, its mandate and its reputation fornonpolitical, humanitarian policies remain strong sources of influence.States, however, will insist that ultimately they retain the right andresponsibility to decide what consitutes a danger to their territoriesand citizens. States will continue to remind supporters of asylum thatclaims must be defensible and systems fair and efficient if support forasylum is to be maintained. We suspect that asylum claims will fall off and that developedcountries will seek alternatives to asylum that provide refuge withinthe developing world, including within safe areas of their owncountries. Regional burden sharing and regional efforts to reachconsensus about asylum and refugee policy and procedures will continue.Disputes will also continue about whether such efforts violate globalstandards. States are unlikely to abandon sovereignty in such matters,but neither are human rights supporters, intergovernmental agencies,concerned citizens or even governments themselves likely to forsakeinternational standards that have developed over the past 70 years.Asylum systems in many countries will change, but that does not meanthat they will be destroyed.(1.) Rosemarie Rogers, "The Future of Refugee Flows andPolicies," International Migration Review (Winter 1992) pp.1120-21; Intergovernmental Consultations on Migration, Refugees andAsylum to Europe, North American and Australia, "AsylumApplications in Participating States--1983/1992 and 1993 Forecast,"mimeo (Geneva Geneva, canton and city, SwitzerlandGeneva(jənē`və), Fr. Genève, canton (1990 pop. 373,019), 109 sq mi (282 sq km), SW Switzerland, surrounding the southwest tip of the Lake of Geneva. : 1993) p. 1. (2.) Intergovernmental Consultations (IGC)mimeo. (3.) Henry Kamm, "In Europe's Upheaval, Doors Close toForeigners," New York New York, state, United StatesNew York,Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Times, 2 February 1993, p. A1; see also JohnSalt, "Current and Future International Migration Trends inEurope," mimeo, Council of Europe, CDMG CDMG California Division of Mines and Geology document (Strasbourg:September 1993) para. 28E. (4.) Jonas Widgren, The InformalConsultations: 1985-1992, mimeo (Geneva: IntergovernmentalConsultations, 1993) p. 16. (5.) Kamm, p. 14. (6.) Craig R. Whitney,"East Europe's Frustration Finds Target: Immigrants," NewYork Times, 12 November 1992, p. A1. (7.) William Drozdiak,"Rolling Up a Worn-Out Welcome Mat," New York Times, 10 August1993, p. A10. (8.) Widgren, p. 19. (9.) John Darnton, "WesternEurope Is Ending Its Welcome to Immigrants," New York Times, 10August 1993, p. A10. (10.) United Nations High Commissioner forRefugees Headquartered in Geneva, Switzerland, the Office of the UN High Commissioner for Refugees (UNHCR) (established December 14, 1950) protects and supports refugees at the request of a government or the United Nations and assists in their return or resettlement. , The State of the World's Refugees: The Challenge ofProtection (New York: Penguin Books USA, 1993) p. 176. (11.)"Europe after Maastricht: Not the Union They Meant," TheEconomist (6-12 November 1993) p. 56. (12.) Lucinda Harper, "WomenAccount for Bulk of Decline in Work Force, But It's Not ClearWhy," Wall Street Journal, 12 November 1993, p. A5. (13.) IGCmimeo, p. 1. (14.) Widgren, p. 4. (15.) ibid. (16.) Luise Druke, AsylumPolicies in a European Community without Internal Borders, CCME CCME Canadian Council of Ministers of the EnvironmentCCME Cisco CallManager Express (IP telephony)CCME Churches' Commission for Migrants in EuropeCCME Cleveland Coin Machine Exchange, Inc. BriefingPaper no. 9 (Geneva: Churches Committee for Migrants in Europe, 1992) p.2. (17.) Michael W. Devine, "German Asylum Law Reform and theEuropean Community: Crisis in Europe," Georgetown Immigration LawJournal, 7, no. 1 (December 1993) pp. 804-9. (18.) Charles B. Keely andSharon Stanton Russell, "The Future Shape of DevelopedCountries' Asylum Policies: National Security Concerns and RegionalIssues," paper presented at the American Sociological AssociationMeetings (Miami: August 1993). (19.) Linda W. Gordon, "PoliticalAsylum Statistics, 1991-1992: A Time of Transition," ImmigrationIssues, no. 2 (November 1993) pp. 4-5. (20.) Immigration &Naturalization naturalization,official act by which a person is made a national of a country other than his or her native one. In some countries naturalized persons do not necessarily become citizens but may merely acquire a new nationality. Service, 1992 Statistical Yearbook of the Immigration andNaturalization Service (Washington: GPO, 1993) p. 85. (21.) Gordon, p.4. (22.) See Sharon Stanton Russell and Charles B. Keely, "RegionalEfforts in Industrial Countries," in Rose Marie Rogers and SharonStanton Russell, eds., Toward a New Global Refugee System (forthcoming)for details on the European diplomatic forums. (23.) The DublinConvention (1990) is an agreement among the 12 members of the EuropeanCommunity specifying rules about responsibility for adjudicating asylumapplications, especially when applicants have travelled through manycountries or been denied asylum in another E.C. country. The SchengenAgreement (1985) includes nine E.C. country signatories. It sets outcriteria for visas and border crossing and customs procedures, etc., inan attempt to institutionalize in��sti��tu��tion��a��lizev.To place a person in the care of an institution, especially one providing care for the disabled or mentally ill.in the open border concept contained in theSingle European Act Single European ActAct intended to eliminate barriers on trade and capital flows between and among European countries. of 1986 among the E.C. members. (24.) ibid.(25.)Sadako Ogata, "Opening Statement by the United Nations HighCommissioner for Refugees" at the 44th Session of the ExecutiveCommittee of the High Commissioner's Programme, UNHCR mimeo(Geneva: 4 October 1993) p. 7. (26.) UNHCR, pp. 33-39. (27.) Based ondiscussions with government participants in meetings of the IGC, UNHCRofficials, members of the IGC's secretariat and officials of theparticipant countries not attending meetings but involved in policyformulation for their governments. (28.) Russell and Keely, forthcoming.(29.) UNHCR, pp. 35-40. (30.) Charles Keely, "Is Asylum Dead?"Miami Herald, 9 August 1993, p.11a. (31.) ICG ICGindocyanine green. mimeo, p. 1. (32.) CraigMcInnes, "Refugee Claims Drop by Half: Word Gets Around about NewLaw," Globe and Mail, 20 November 1993, p. 1. (33.) ICG mimeo, p.1.