Helping Refugees Should Not Be Illegal: Correlation Between Human Trafficking/Smuggling and Asylum Seekers



Thara Kunarti Wahab(1*)

(1) Universitas Gadjah Mada
(*) Corresponding Author

Abstract


Refugees are constantly being persecuted not only within the State’s origin, but also within the State they seek refuge from. These asylum seekers have taken numerous measures in their attempt to flee from hostile situations. Thus, it would be reasonable that these people acquire assistance from humanitarian workers or even human traffickers/smugglers as a resort when faced with impediments to enter into another State’s border. Although such conducts would amount to illegal actions, with the inability for States to lower its immigration demands and amend its policy, refugees are without any other options. This paper intends to elaborate the relation between refugees, human traffickers/smugglers and international obligations. The practices that will be assessed are from States which have a more developed and systematic refugee system, Australia and States under the European Union. By analyzing these two systems, States have still shown reluctance to fully adhere to international obligations under refugee law. These causes, impacts and solutions are further discussed within the article. 

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