ADMINISTRATIVE DEtention OF ASYLUM SEEKERS AND THE RESPONSIBILITY OF INTERNATIONAL ORGANIZATIONS

The study explores the legality and human rights implications of administrative detention of asylum seekers, assessing its compliance with international law. It focuses on the role of international organizations, particularly the UNHCR, in protecting this vulnerable group. Using a descriptive-analytical approach and referencing key legal texts such as the 1951 Refugee Convention and its Protocol, the study examines practices in host countries. The results indicate significant disparities in detention policies across host countries, including the absence of clear legal safeguards in several cases, limited judicial oversight, and inconsistent justification for detention practices. These findings suggest that many of these practices conflict with fundamental human rights standards and international legal obligations. The study also demonstrates that international organizations, while providing guidance and monitoring, face structural limitations due to their lack of enforcement authority, which weakens their capacity to ensure effective protection. The study concludes by emphasizing the urgent need to strengthen the international legal framework, improve oversight mechanisms, and promote greater cooperation among states to ensure the effective protection of asylum seekers’ rights.