Vulnerable minorities and democratic legitimacy in refugee admission

Abstract

ABSTRACTIn this paper I defend the view that the democratic legitimacy of refugee admission policies requires the democratic inclusion of asylum seekers. I argue that this includes not only granting them formal participation rights, but also ensuring that they have a sufficient level of participatory capabilities to exercise these rights. This leads to the specific problem of asylum seekers with vulnerable minority backgrounds. Their participatory capabilities may be hindered by social injustice stemming from their state of origin which the receiving state, one might argue, has no duty to redress. Redressing inequalities that stem from social injustice in other states may be thought of as being beyond the limits of refuge, and therefore unreasonable to demand from receiving states. I propose a defence of what I call the Inclusion Thesis against this objection based on the idea that the democratic inclusion of asylum seekers is necessary for making sure that they can enjoy their basic right to have a say. Receiving states do not generally have a duty to rectify unjust inequalities among asylum seekers that stem from their states of origin. However, when this is necessary for making sure that they can enjoy their basic rights, they may be required to do so. Therefore, since receiving states have a duty to ensure that asylum seekers with vulnerable minority backgrounds can enjoy their basic right to have a say, they also have a duty to make sure that their participatory capabilities are equalized.