Difference Between Asylum Seekers and Internally Displaced Persons (IDPs)

In discussions surrounding forced displacement and humanitarian crises, terms like asylum seekers and internally displaced persons (IDPs) are frequently used. While both groups are displaced due to conflict, persecution, or natural disasters, there are distinct legal and practical differences between them. This blog aims to clarify these differences, highlighting the unique challenges and protections afforded to each group.

What is an Asylum Seeker?

An asylum seeker is an individual who has fled their home country and seeks international protection in another country but has not yet been granted refugee status. They are often forced to leave their country due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Asylum seekers must undergo a legal process to determine their eligibility for refugee status and the right to remain in the host country.

Key Points about Asylum Seekers:

1. Legal Status: Asylum seekers are individuals who have applied for refugee status but have not yet received a decision on their claim.
2. International Protection: They seek protection under international refugee law, including the 1951 Refugee Convention and its 1967 Protocol.
3. Rights and Challenges: While awaiting a decision, asylum seekers may face legal, social, and economic challenges in the host country, including restrictions on employment and access to services.

What is an Internally Displaced Person (IDP)?

An internally displaced person (IDP) is someone who has been forced to flee their home but remains within their own country's borders. IDPs are often displaced due to armed conflict, violence, human rights violations, or natural disasters. Unlike refugees, IDPs have not crossed an international border and therefore do not fall under the legal definition of refugees. They remain under the protection of their own government, which is responsible for ensuring their safety and well-being.

Key Points about Internally Displaced Persons (IDPs):

1. Location: IDPs remain within their own country's borders and are not considered refugees under international law.
2. Protection: They are protected under international humanitarian law and human rights law, which obligates their government to provide assistance and protection.
3. Challenges: IDPs often face similar challenges as refugees, including access to basic services, livelihood opportunities, and protection from violence and exploitation.

Legal and Practical Differences

The distinction between asylum seekers and IDPs lies primarily in their legal status and the mechanisms of protection available to them:

1. Legal Status: Asylum seekers are seeking international protection and must undergo a legal process to determine their refugee status. IDPs remain under the jurisdiction of their own government.
2. Cross-border Movement: Asylum seekers have crossed an international border, while IDPs remain within their country of origin.
3. International Legal Framework: Asylum seekers seek protection under international refugee law, whereas IDPs are primarily protected under international humanitarian and human rights law.

Understanding the difference between asylum seekers and internally displaced persons is crucial for policymakers, humanitarian organizations, and individuals advocating for the rights and protection of displaced populations. Both groups face significant challenges and vulnerabilities but require different legal and practical interventions to ensure their safety, well-being, and eventual durable solutions.

As we continue to address global displacement crises, let us uphold the principles of international law and human rights to provide effective protection and support to asylum seekers and IDPs alike.