5 TV series you didn’t know could help you understand refugee law
International refugee law helps protect 26 million refugees who have fled their homes due to war, violence and persecution.
While refugee law principles might not be well known to the broader public, they help save lives everyday. Ensuring that they are understood and respected is essential to protect the most vulnerable people in the world.
Refugee law principles are actually depicted in a number of TV series. To help you familiarize with the main rights and duties that States have vis-à-vis refugees, this article dives into five examples, from GOT to Handmaid’s Tale.
1. Non-refoulement in Game of Thrones
By refusing to send the Free Folks back to a dangerous place, Jon Snow upholds the principle of non-refoulement
The principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm. It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Refugee Convention.
A great example of the principle of non-refoulement can be found in Game of Thrones. In the series, enemies are everywhere but one threat is greater than all others: the White Walkers — powerful ice creatures that live north of Westeros. So when the White Walkers descend from the north, the “Free Folk” who live there, are forced to flee. They make a plea to cross “the Wall” that marks the border of the Seven Kingdoms to find safety.
Jon Snow, the show’s hero, accepts to let them cross. By refusing to send them back to a place where they would face violence — or more precisely the threat of becoming ice zombies — he upholds the principle of non-refoulement. His comrades guarding the wall are not happy about the decision, but international human rights law prevails.
2. Right to asylum in Handmaid’s Tale
Obtaining the status of refugee helps Moira regain control of her life and empowers her to volunteer and help other refugees.
The right to asylum is embedded in the Universal Declaration of Human Rights, which states that “Everyone has the right to seek and enjoy in other countries asylum from persecution”. States have the primary responsibility to conduct Refugee Status Determination — which is the administrative process to determine whether a person seeking asylum is legally considered a refugee — but UNHCR may step in if the country does not have a system in place.
The Handmaid’s Tale, an American dystopian TV series based on a novel by Margaret Atwood, provides a good illustration of the right to asylum. In the series, a totalitarian government has seized power in the United States and is forcing fertile women to bear children for a small elite. Many Americans attempt to flee the country and cross the Canadian border to find safety. They form a community called “Little America”.
Once in Canada, the Americans are welcomed in a reception centre and given refugee status. The series portrays a generous asylum system, designed to help refugees recover and integrate. One of the show’s main characters, Moira, is given clothes, a phone, money and food by Canadian immigration officers. The reception centre also offers psychological counseling. Moira later volunteers at the centre and helps other refugees.
3. Right to work in Transplant
The right to work allows Bashir to provide for his family, integrate and use his skills to help other in his community
The right of refugees to work is enshrined in the 1951 Refugee Convention. States have an obligation under international law to allow refugees and asylum seekers to be employed and earn wages. Yet many states do not recognize this right. And in countries that do, refugees often struggle to work in the same field of work, either because they lost their diplomas when they fled or because study requirements for jobs are different between their home country and country of refuge.
A nice example of the importance of the right to work can be found in the Canadian series, Transplant. The show’s central character is Bashir, a refugee who came to Canada during the Syrian civil war. In the first episode, Bashir works as a cook in a small restaurant when a truck crashes into the window, injuring four people. Bashir manages to save everyone, including the nearby hospital’s star surgeon.
After that heroic act, we understand that Bashir was actually a doctor back in Syria and that — although he is allowed to work locally — he has been struggling to get his medical credentials recognized. He didn’t bring an original copy of his diplomas with him when fleeing Syria, which creates complications, but the hospital gives him a chance to work with them.
4. Rescue at sea in Safe Harbour
In compliance with the obligation to rescue at sea, Ryan, a yacht’s captain, attempts to help asylum-seekers stranded in the Timor sea
Under International Maritime Law, shipmasters have an obligation to offer assistance to those in distress at sea without regard to their nationality, status, or the circumstances under which they are found. States have a complementary obligation to coordinate and cooperate so that persons rescued at sea are disembarked in a place of safety as soon as possible.
In the Australian psychological thriller Safe Harbour, the obligation to rescue at sea is illustrated in a dramatic way. Six friends on a yacht trip from Brisbane to Indonesia encounter a stranded fishing boat carrying asylum-seekers. When no one answers their call for help on the radio, they are faced with two choices: leaving to find help or rescuing the passengers themselves.
Ryan, the yacht captain, complies with international law by deciding to rescue the asylum-seekers and tow the vessel back to shore. However, during the night, the boat is cut loose during a storm and several passengers tragically lose their lives. Years later, the characters try to figure out what happened.
5. Protection against unlawful detention in Stateless
The story of Ameer illustrates the toll that prolonged detention takes on asylum-seekers
The rights to liberty and freedom of movement are enshrined in international human rights and refugee law. Refugees should not be placed in immigration-related detention, unless in very specific circumstances: to verify their identity, investigate their refugee status, or for security reasons. In any case, indefinite detention is arbitrary and maximum periods of detention need to be set in national law.
The series Stateless, produced by Cate Blanchett, who is also a Goodwill Ambassador for UNHCR, the UN Refugee Agency, shines a light on the issue of unlawful and prolonged detention of asylum-seekers. The show uses the real story of an Australian woman wrongfully incarcerated to reveal the difficult conditions inside the country’s immigration centres. There, asylum seekers have limited access to legal and psychological counselling, and spend months if not years in detention.
One of the characters, Ameer, is an Afghan refugee, desperate to get visas for himself and his daughter. In the final episode, the Human Rights Council plans a visit to the centre. This reflects another important legal standard: detention needs to be subject to independent monitoring and inspection to ensure compliance with international legal principles.
These fictional examples help shed light on the realities of millions of refugees. There are countless Moira, Bashir and Ameer in the world, who are in the process of fleeing violence, seeking asylum or trying to rebuild their lives in their place of refuge. As we mark 70 years since the drafting of the 1951 Convention, refugee law remains as important as ever to protect the rights of the most vulnerable.
