{0}------------------------------------------------ ## Global Politics Internal assessment and engagement activity # How fair and adequate is the asylum-seeking process in Norway, particularly for Eritrean refugees? Does the system demand the impossible? **Political issue:** The issue of identity when seeking asylum versus the rights and needs of asylum seekers Word count: 2444 {1}------------------------------------------------ #### **Contents:** | Introduction | | |--------------------------------------|--| | $Background3$ | | | Explanation of engagement activities | | | Analysis of political issue | | | Conclusion | | | Bibliography | | {2}------------------------------------------------ #### Introduction In a world rife with conflicts, asylum-seeking has become a global issue. The UNHCR defines an asylum-seeker as someone who is seeking international protection and often crosses international borders to seek safety¹. The right to asylum, as stated in Article 14 of the Universal Declaration of Human Rights, is a cornerstone of international human rights law. It is closely linked to other human rights, and refugees should therefore not face infringement on these rights². As of June 2023, 110 million people were forcibly displaced from their homes worldwide due to persecution, conflict, violence, and human rights violations³. The EU received 1.14 million applications for international protection in the same year⁴. While in Norway, 38,215 applicants applied for residency in 2023, 324 of whom were Eritreans⁵. I, as an Eritrean refugee, have witnessed the hopelessness experienced by other Eritrean refugees within the Norwegian asylum-seeking system. My mother and I were fortunate enough to receive residency after only a few months. A family friend and her son, both from Eritrea, arrived in Norway a few years after us with a similar case. However, despite being in Norway for more than a decade, they are currently in a state of limbo. The difference in treatment, despite the cases being quite similar due to our shared country of origin, raised questions for me about the adequacy and fairness of the asylum-seeking process in Norway, especially for Eritrean refugees. The political issue of asylum-seeking in Norway can be connected to the Global Politics concepts of justice and human rights. #### **Background** The number of refugees globally has nearly doubled over the past decade, and Eritrea remains one of the United Nations High Commissioner for Refugees' 10 largest refugee crises to follow⁶. As of 2023, approximately 15% of Eritrea's population, meaning more than 500,000 Eritreans, have been displaced due to political instability and ongoing violence. The use of mandatory and indefinite national military service, often involving forced labour, ^1 *The UN Refugee Agency, n.d.* ^2 Beckmann, $n.d$ . ^3 United Nations, n.d. ^4 European Union Agency for Asylum, 2024 ^5 NOAS. $n.d.$ ^6 Concern Worldwide, n.d. {3}------------------------------------------------ sometimes amounts to slavery⁷. Reports of torture, other ill-treatment and sexual violence persist in military camps. Many young people are forced to spend their final secondary school year at the Sawa military training camp, making it difficult for them to complete their education. The authoritarian regime, forced national service, and human rights abuses provide context for why many Eritreans qualify for protection. During the Eritrea-Ethiopia war from 1998 to 2000, 522,000 Eritreans were arbitrarily deported from Ethiopia⁸. Deportees and Eritreans in Ethiopia had to register with the Security, Immigration and Refugee Authority (SIRAA), receiving ID cards and temporary permits⁹. In August 1999, Ethiopian authorities mandated registration for Eritreans over 18 who participated in the 1993 referendum, issuing 24,018 yellow ID cards. Some of the newly issued national IDs for Eritrean descendants included a designation of "previous nationality" as Eritrean, to enable easier identification during deportation¹⁰. The yellow ID cards were issued until 2001/2002 according to the Swedish Embassy in Addis Ababa, after which Eritreans received blue ID cards. This yellow paper or ID card now serves as the primary Ethiopian ID. This causes confusion regarding the origins of Eritreans, like my mother and extended family, who lived in Ethiopia under the mandatory vellow card registration system. However, Etiopia does not allow for dual citizenship, so providing Eritrean ID means individuals cannot also be Ethiopians $^{11}$ . ### Explanation of engagement activities For my engagement activity, I interviewed Eritrean asylum seekers in my local county, Telemark's, reception centre called Dagsrud, and then later interviewed the senior legal advisor of the Norwegian Organization for Asylumseekers (NOAS). I interviewed three asylum-seekers, which provided insight into the political issue and the challenges faced in the system, through their lived experience. In comparison, the interview with NOAS offered a legal perspective on these challenges, such as nationality verification. ^7 Human Rights in Eritrea, Amnesty International, n.d. ^8 Ethiopia/Eritrea : Amnesty International Witnesses Cruelty of Mass Deportations - Amnesty International, n.d. ⁹ *Temanotat Etiopia: Statsborgerskap Og Oppholdstillatelse for Eritreere Og Etiopiere Med Eritreisk Bakgrunn,* ²⁰⁰⁹ ^10 *Country Information and Guidance - Ethiopia: People of Mixed Eritrean/Ethiopian Nationality, 2016* ^11 Ethiopian Origin ID Card (The Yellow Card), 2013 {4}------------------------------------------------ The first refugee I interviewed, Yemane Gebremesgel Tesfay, aged 70, arrived in Norway in 2008 without his wife and seven children, who remain in Eritrea¹². Despite having valid Eritrean ID documents, he has faced eight rejections and has spent 16 years moving between asylum centres. The second interview I conducted was with Yorusalem, 40, who moved to Norway in 2010, has given birth to three children since, and has experience with authorities questioning her nationality¹³. The last asylum seeker I interviewed was Rose Yohannes, aged 62, who came to Norway to join her two children but has since been met with rejection after rejection¹⁴. My final interview was with Florentina Grama, the senior legal advisor at NOAS, who specializes in Eritrean cases¹⁵. I learned more about the challenges refugees face and the organization's perspective on the system's fairness, Grama describes the system as "generally" well-functioning," though admitting there's room for improvement. I chose to focus on Norway due to my connection to the issue, given the family friends who have been navigating the system for over a decade. It also inspired me to write about this political issue by engaging with asylum seekers and experts to understand the systemic challenges Eritreans face. These interviews provided firsthand insight into how both individuals and organizations interact and perceive the system. Overall, through my engagements, I have learned about the personal and psychological impact of prolonged uncertainty, the impactful function of identity in asylum decisions, and the difficulties individuals face when interacting with the Norwegian immigration authorities. I've learned about the unfairness that asylum seekers perceive, which relates to the principles of justice. #### Analysis of political issue The adequacy and fairness of asylum systems, is a global issue, as a matter of international concern with relevance to refugee protection and thus human rights¹⁶. In Norway, this global issue is manifested in how refugees struggle to navigate the asylum process, facing difficulties in proving their nationality. This further relates to how asylum policies impact ^12 Y.Tesfav. personal communication. August 1st 2024 ^13 *Y. personal communication, August 11th 2024* ^14 R. Yohannes, personal communication, August 11th 2024 ^15 *F. Grama, personal communication, September 20th 2024* $^{16}$ Storev. 2014 {5}------------------------------------------------ these refugees' lives, often hinging on their ability to prove their nationality which ties to broader questions about national security and immigration control. The majority of the Eritreans who receive rejections do so because of doubts regarding their identity¹⁷. Tension arises due to the belief that Eritrean ID documents are unreliable, making documentation difficult for refugees because of the lack of a national population register in Eritrea. According to my interview with NOAS, Norwegian authorities use citizenship to determine the need for protection, hence why nationality is important. The Norwegian Directorate of Immigration (UDI) asserts that understanding identity is crucial for knowing who is in Norway.¹⁸ Assessing identity is vital because accurate outcomes depend on it. In asylum cases, the UDI cannot make informed decisions without knowing the applicant's country and location¹⁹. The Norwegian Immigration Appeals Board (UNE) thus may question the identity of asylum seekers, despite them providing passports or other documentation, due to potential ties to other countries or lack of residency. The large Eritrean diaspora living outside of Eritrea plays an important role, as many individuals in this community have never visited the country but still identify as Eritrean. Additionally, a significant number of people of Eritrean origin reside in Ethiopia or Sudan, which can complicate their nationality²⁰. Identity is thus a crucial and complex factor, as authorities need to understand applicants' nationalities, which is complicated by concerns over the reliability of Eritrean ID documents and the large diaspora outside Eritrea. NOAS critiques that many Eritreans with valid claims face rejection due to nationality disputes²¹. Key issues mentioned during my interview with NOAS include verifying nationality, as authorities often question the authenticity of Eritrean claims and the lack of proper identification documents among many asylum seekers. Such as in Yorusalem's case, she was forced to accept a "yellow card" after the war, and due to her time in Ethiopia is believed to be Ethiopian and not Eritrean²². After her application was rejected, UDI told her to return to Ethiopia, but she feared being imprisoned and sent back to Eritrea. Later, a NOAS lawyer helped her acquire an Eritrean passport. But even this was not enough as UNE argues that an Eritrean passport issued after a refugee has applied for protection does not necessarily ^17 *F. Grama, personal communication, September 20th 2024* ^18 *Identitet, n.d.* ^19 Identitet Handler Om Mer Enn Dokumenter - Utlendingsnemnda, 2021 ^20 *UNE*, $n.d$ . ^21 *NOAS*, $n.d$ . ^22 Y., personal communication, August 11th 2024 {6}------------------------------------------------ indicate that the individual was Eritrean when seeking protection in Norway²³. NOAS believes that those with Eritrean passports should be recognized as Eritreans. In her case, as well as in many others, this situation could perceived as unfair, and as if authorities are demanding the impossible. Therefore, the concepts of legitimacy and justice are important to consider, since the decisions made by the Norwegian authorities based on nationality may not be viewed as legitimate or just by the asylum seekers due to the difficulty in obtaining the documents required. The standards set by authorities like UNE and UDI may be impossible for asylum-seekers to meet, as seen in Yorusalem's case where not even an Eritrean passport was enough. Nationality also raises questions about sovereignty and the state's concern for national security, due to the need to ensure who is crossing their borders, versus individuals' feelings of justice. Individual circumstances and parts of one's identity such as age, in addition to nationality, play a crucial role in assessing the need for protection among asylum seekers, particularly regarding the risks of military service or persecution for Eritrean asylum seekers²⁴. Norwegian authorities often view elderly individuals as not needing protection, assuming they are unlikely to be called for national service. This perspective may explain why Yemane and Rose, despite presenting valid asylum claims, were rejected. UDI stated that Yemane's age meant he faced no risk of persecution if returned to Eritrea, but Yemane claims his military service and that of his children, puts him at risk, as he would be deemed someone who turned his back on his country by fleeing²⁵. Despite fleeing political persecution, UDI claims that Rose could safely return to Eritrea, which terrifies her²⁶. Both face significant risks if returned to Eritrea, where the regime would label them as traitors. Noas believes that those facing persecution should be treated as refugees, regardless of age. Their age does not shield them from persecution, highlighting a critical misunderstanding, on the UDI's part, of the threats elderly individuals can face in Eritrea. Justice is relevant in this context too, as it may seem unfair to asylum seekers such as Yemane and Roses, who feel dismissed and rejected due to old age despite facing real threats of persecution. The needs and conditions of asylum seekers are seemingly not considered by Norwegian authorities, who turn their focus on the nationality of the applicants. Neither the effect of long ^23 UNE. $n.d.$ ^24 *F. Grama, personal communication, September 20th 2024* ^25 Y.Tesfay, personal communication, August 1st 2024 ^26 *R. Yohannes, personal communication, August 11th 2024* {7}------------------------------------------------ waiting times nor prolonged uncertainty are taken into account by the UDI. NOAS criticizes the UDI for the long waiting times for interviews and processing asylum claims, which they deem "unacceptable²⁷. These delays in the system affect refugees' mental and physical health, as in Rose and Yemane's cases. Yemane's doctor had written to the authorities regarding his declining health due to the stress of living in limbo²⁸. Rose too is facing health issues from all the stress stemming from her case²⁹. NOAS additionally claims that the long waiting times and potential for memory loss during interviews could hurt asylum seekers' ability to present a detailed, accurate account which is essential for a positive outcome³⁰. As mentioned before the military service in Eritrea often includes torture, but this is rarely considered regarding its effects on memory loss and the asylum seekers' ability to articulate their experiences in interviews³¹. Noas claims that these long waiting times for asylum applications furthermore pose a threat to the legal rights of asylum seekers as The Norwegian Public Administration Act (§11 a) requires that cases be processed promptly³². Delays in processing asylum seeker cases may therefore violate this law. Thus, these delays can deny asylum seekers their right to a fair and timely case evaluation, which ties into the concepts of human rights and justice. Refugees, like Yorusalem, Rose, and Yemane, feel as though their needs are ignored due to the longevity of their stay without any residence permit. Yorusalem described facing financial difficulties, due to her lack of residency she cannot legally work in Norway as she does not qualify for a residency permit for work purposes only³³ ³⁴. Both Rose and Yemane also expressed their financial difficulties, particularly with covering legal fees, which their government-given aid often fails to cover³⁵. Yorusalem stated that the aid received from the state sometimes barely lasts through the month, making it challenging to put food on the table for herself and her three children³⁶. She also perceived it as unfair to be living in and changing asylum centres, particularly for her children who were born in Norway, as it limits their stability and social connections. She feels as though her children's needs are not met by ^27 NOAS. 2024 ^28 *Y.Tesfav, personal communication, August 1st 2024* ^29 R. Yohannes, personal communication, August 11th 2024 ^30 *NOAS, 2024* ^31 *F. Grama, personal communication, September 20th 2024* $32$ *NOAS, 2024* ^33 *People Who Can Work in Norway for Less Than Three Months Without a Residence Permit, n.d.* ^34 Y. Tesfay, personal communication, August 1st 2024 ^35 R. Yohannes, personal communication, August 11th 2024 ^36 Y., personal communication, August 11th 2024 {8}------------------------------------------------ the authorities, as their childhoods lack security and they are unable to form permanent **connections.** The significant challenges the asylum seekers face, such as struggling to afford basic necessities like food contradicts the principles of human dignity, as they have the right to live under decent conditions and access essential needs.³⁷. The living conditions of asylum seekers also highlight flaws in the Norwegian asylum process and relate to the concepts of human rights and justice due to the injustice perceived by the asylum seekers like Yorusalem. ## Conclusion In my research to answer the question regarding the fairness and adequacy of the Norwegian asylum-seeking process, particularly for Eritrean refugees, significant challenges were exhibited. From disputes regarding nationality to prolonged waiting times, the system may seem unjust to refugees like Yemane, Yorusalem, and Rose who have been stuck in the system for years. Though NOAS may agree with UDI that the system works, albeit slowly. UDI may additionally justify the system's structure as well as the disputes over identity as necessary, due to concern for national security. From my personal connection to this issue and my research on the fairness and consistency of the asylum-seeking process in Norway, I have seen the hopelessness and deep frustration that can arise from the time these refugees spend in limbo. Eritrean refugees face difficulties due to doubts about their nationality and unreliable ID. They experience what they grasp to be an unhelpful system and rejections based on factors beyond their control, such as the "yellow" card" or UDI labelling Eritrean ID as unreliable, which further fuels the perception of unfairness. They are left feeling as though nothing is enough, and that authorities are demanding the impossible. Prolonged waiting times and economic hardships limit refugees' legal rights and human dignity and make it seem as though the authorities prioritize identity verification over the asylum seekers' rights and needs. While the Norwegian authorities may strive for fairness and adequacy, it is suggested through the difficulties that Eritrean refugees experience that the system falls short and is unjust. $37$ Collste 2015 {9}------------------------------------------------ ## Bibliography - Beckmann, L. (n.d.). *Article 14: The right to seek and enjoy asylum Digital Freedom Fund.* Digital Freedom Fund. Retrieved October 24, 2024, from https://digitalfreedomfund.org/digital-rights-are-human-rights/article-14-the-right-to-seek-and -enjoy-asylum/ - Christophersen, E., Crombleholme, R., & Lia, A. (n.d.). A few countries take responsibility for most of *the world's refugees*. Norwegian Refugee Council (NRC). Retrieved October 1, 2024, from https://www.nrc.no/shorthand/fr/a-few-countries-take-responsibility-for-most-of-the-worlds-r efugees/index.html - Collste, G. (2015, 03 05). 50 Human dignity, immigration and refugees. Cambridge university press. https://www.cambridge.org/core/books/abs/cambridge-handbook-of-human-dignity/human-di gnity-immigration-and-refugees/1DC18028F7300A97A167EC760103F67F - Concern Worldwide. (n.d.). *The 10 largest refugee crises to know in 2024*. Concern Worldwide. Retrieved October 1, 2024, from https://www.concern.net/news/largest-refugee-crises - *Country Information and Guidance Ethiopia: People of mixed Eritrean/Ethiopian nationality.* (2016, August 31). Refworld. Retrieved November 6, 2024, from https://www.refworld.org/reference/countryrep/ukho/2016/en/112046 - *Ethiopia/Eritrea : Amnesty International witnesses cruelty of mass deportations Amnesty International.* (n.d.). EHREA. Retrieved October 24, 2024, from http://www.ehrea.org/massdeportations.htm - *Ethiopian Origin ID Card (The Yellow Card)*, (2013, December 30). Global Forum on Migration and Development. Retrieved October 24, 2024, from https://www.gfmd.org/pfp/ppd/121 European Union Agency for Asylum. (2024, February 28). *EU received over 1.1 million asylum applications in 2023.* European Union Agency for Asylum. Retrieved October 24, 2024, from https://euaa.europa.eu/news-events/eu-received-over-1-million-asylum-applications-2023 *Human rights in Eritrea Amnesty International.* (n.d.). Amnesty International. Retrieved October 24, $2024$ , from {10}------------------------------------------------ https://www.amnesty.org/en/location/africa/east-africa-the-horn-and-great-lakes/eritrea/reporteritrea/ *Identitet*. (n.d.). UDI. Retrieved October 25, 2024, from https://www.udi.no/ord-og-begreper/identitet/ *Identitet handler om mer enn dokumenter - Utlendingsnemnda.* (2021, October 11). UNE.no. Retrieved October 25, 2024, from https://www.une.no/aktuelt/arkiy/2021/identitet-handler-om-mer-enn-dokumenter/ - NOAS. (n.d.). *Eritrea Rikets tilstand*. NOAS. Retrieved October 1, 2024, from https://noas.no/riketstilstand/2021-2/landprofiler/eritrea/ - NOAS. (n.d.). Statistikk 2023 Rikets tilstand. NOAS. Retrieved October 24, 2024, from https://noas.no/riketstilstand/2023-2/statistikk-2023/ - NOAS. (2024, August 16). *Ventetiden for asylintervjuer er uholdbar*. NOAS. Retrieved October 1, 2024, from https://www.noas.no/ventetiden-for-asylinterviuer-er-uholdbar/ - *People who can work in Norway for less than three months without a residence permit.* (n.d.). UDI. Retrieved November 6, 2024, from https://www.udi.no/en/word-definitions/people-who-can-work-in-norway-for-less-than-threemonths-without-a-residence-permit/#link-871 - Storey, H. (2014, December 4). *Consistency in Refugee Decision-Making: A Judicial Perspective.* Refugee Survey Quarterly. https://academic.oup.com/rsq/article/32/4/112/1590675 - *Temanotat Etiopia: Statsborgerskap og oppholdstillatelse for eritreere og etiopiere med eritreisk bakgrunn.* (2009, December 22). Landinfo. Retrieved November 6, 2024, from https://landinfo.no/wp-content/uploads/2018/03/Etiopia-Statsborgerskap-og-oppholdstillatelse -for-eritreere-og-etiopiere-med-eritreisk-bakgrunn.pdf - UNE. (n.d.). *Eritrea Utlendingsnemnda*. UNE.no. Retrieved October 1, 2024, from https://www.une.no/sakstyper/beskyttelseasyl/eritrea/ - United Nations, (n.d.), *Refugees* | *United Nations*, the United Nations, Retrieved October 1, 2024. from https://www.un.org/en/global-issues/refugees - The UN Refugee Agency. (n.d.). *Asylum-seekers*. UNHCR. Retrieved October 1, 2024, from https://www.unhcr.org/about-unhcr/who-we-protect/asylum-seekers