Security in Refugee Movements

Introduction

There are an estimated 15 million people in the world today who have been forced to flee their countries as a result of war, instability and violations of their basic human rights. Alongside them millions more are moving for social or economic reasons, seeking better employment or educational opportunities, or rejoining family abroad. Amidst all this movement a small number carry with them a more sinister intent. These may be criminals seeking to evade justice or to use host countries as bases for future violence.

It is a disturbing notion that the perpetrators of atrocities may try to seek protection from a system designed to benefit their victims. Unfortunately, this has too often been the case. Leaders of the Khmer Rouge accompanied Cambodian refugees to Thailand in the late 1970s. Resistencia Nacional Mozambicana (RENAMO) rebels were often mixed in with genuine refugees fleeing Mozambique in the 1980s. More recently and most dramatically, leaders of Rwanda’s genocide sought refuge in Zaire alongside those who were genuinely fleeing the carnage.

Allowing rebel groups and the instigators of repression to exploit the protection of the asylum regime threatens to undermine the integrity of refugee protection and to unleash further security crises. At the same time, the suspected presence of such individuals within a population must not be allowed to justify countries simply shutting their doors to those who are genuinely in need of protection.

Over the past few years, the Lawyers Committee for Human Rights has sought to address these security concerns. We have examined several cases where refugee movements have had serious implications for national security and studied the responses of certain governments and other actors in an effort to better understand the scope of the problem. We have attempted to articulate the principles of international law which might effectively be used to address this situation. The challenge has been to identify the practical measures available to governments and other actors which can ensure both that serious criminals are held accountable for their actions and that the human rights of asylum seekers are respected.

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