After much initial openness, the European migration crisis has reached a boiling point. Germans have become divided over whether to accept the unfortunates who have arrived on their doorstep or to push them away; a deal among European policymakers moves the problem to the Greek-Turkish border, as those arriving in Greece are told they will have to go back if they have already set foot in a safe country (in this case, Turkey). The Macedonian police are tear-gassing those bottled up in Greece who would make their way north into other parts of Europe. Finally, Syrians and Afghans have come to blows in Greece over the fact that the Syrians are being permitted to apply for asylum in Europe, while the Afghans are being told they are economic migrants who will be returned to their home country. What to do? And what does this say about the state of the refugee regime that was created after World War II?
The Refugee Convention stipulates that anyone who is unable or unwilling to return to their country of origin on account of a “well-founded fear” of persecution on the basis of their sociological characteristics or their political opinions is entitled to protection against forcible return (“non-refoulement”). This provision is one that many see violated by the recent agreement whereby European countries will re-settle a Syrian in Europe for every Syrian returned from Greece to Turkey. Some question whether Turkey will protect Syrians, as many have been forcibly returned from Turkey to Syria. Afghans, meanwhile, and other non-Syrian asylum-seekers, will be forced to stay in Turkey, without even the modest resettlement plan offered the Syrians.
The refugee regime has always depended on a crucial distinction to maintain its legitimacy.One’s heart goes out to the Syrians, Iraqis, Afghans, Libyans, Eritreans, and others who have trekked many arduous miles, braved hardships and high seas, and endured the machinations of smugglers to get themselves and perhaps their loved ones to Europe in search of a better life. One’s heart breaks to imagine that they might be sent back to their countries of origin after all that they have endured, and given what might lie ahead for them if they return home having spent their precious savings on a failed attempt to get to Europe. Yet the refugee regime has always depended on a crucial distinction to maintain its legitimacy: namely, the distinction between those fleeing persecution who cannot be helped in situ and those who are leaving unpromising and often miserable circumstances in search of a better life, but who are not in immediate fear for their lives.
