Refugee crisis underscores need to adapt new protection frameworks

The International Association of Refugee and Migration Judges (IARMJ) promotes recognition that the right to seek protection from persecution on grounds such as race, religion, nationality, membership of a particular social group, or political opinion is firmly established under international law, and that decisions on refugee status must adhere to the rule of law.

Guided by this commitment, the 14th IARMJ World Conference was held in Nairobi from 17–21 November 2025 under the theme 'Protecting the integrity of the refugee and migration systems'. The conference brought together over 200 judges, magistrates, and jurists engaged in refugee, statelessness, and migration law.

Africa's legal framework for refugee status is based on international conventions like the 1951 Refugee Convention and the 1967 Protocol, supplemented by the more comprehensive 1969 OAU Convention Governing Specific Aspects of Refugee Problems in Africa. In Kenya, the Refugees Act No. 10 of 2021 provides a strong legal foundation for refugee protection and solutions, highlighting the government's commitment to refugee welfare and sustainable solutions. Additionally, Kenya's plan to shift from camps to integrated settlements under the Shirika Plan was announced in February 2022, indicating a major policy change in refugee management.

The IARMJ World Conference took place as global displacement reached historic levels, with more than 120 million people forcibly displaced by conflict, persecution, economic hardship, and environmental crises. Simultaneously, public and political challenges to the legitimacy of asylum systems continue to grow. Mixed movements driven by poverty, climate change, violence, and instability place intense pressure on asylum systems already struggling to cope.

Violations of non-refoulement, rooted in the 1951 Convention, the OAU Convention, and customary international law, are increasing, exemplified by maritime interceptions, border closures, and the forced return of Afghans and Syrians. These developments underscore the urgent need to adapt protection frameworks to emerging realities, including climate-induced displacement and other new drivers of mobility.

Protection must be understood as a shared state obligation rather than a discretionary choice. African countries carry a significant share of the global refugee burden, particularly Ethiopia, Kenya, Chad, Uganda, Cameroon, and South Sudan. These states shoulder substantial socio-economic pressures, compounded by long-standing protracted situations.

Effective burden-sharing requires the international community to move from non-interference toward solidarity and predictable, rights-based cooperation through enhanced resettlement, financial support, and clearer frameworks for equitable responsibility-sharing.

It is also essential to recognise the positive dimensions of migration. Africa can address the economic drivers of irregular migration to Europe by strengthening labour mobility pathways. Kenya’s Migration and Mobility Partnership Agreements with Germany and Qatar illustrate the potential benefits of expanded labour channels. However, bilateral labour agreements must be grounded in equality, fairness, and protection against exploitation.

Cross-border institutional and community cooperation is vital to managing human mobility safely and with dignity, particularly in the context of mixed movements along routes such as the West Atlantic and Central Mediterranean. These routes expose migrants to extreme risks, including death, violence, trafficking, and exploitation.

UNHCR and IOM’s Route-Based Approach offers a coordinated framework for protection and solutions along entire migration journeys. Regional initiatives including the EAC Common Market, the IGAD Protocol on Free Movement, and the removal of visa restrictions further enhance legal mobility options.

Technological tools such as Artificial Intelligence (AI) offer opportunities for refugee status determination but also pose risks. Algorithmic bias, opacity, and over-reliance on automation may undermine fairness. AI must remain transparent, accountable, and subject to meaningful human oversight.