The duty to be generous (karam):
Alternatives to rights-based asylum
in the Middle East
Lecture on Africa, Asia and the Middle East
read 14 March 2017
DAWN CHATTY
Fellow of the Academy
Abstract: The international standard of providing protection to a category of people
who have crossed state borders and fit the legal definition of ‘refugee’ is a rights-
based construction fashionable in public discourse at present. Middle Eastern
constructions of duty-based obligations to the guest, stranger, and person-in-need
are, however, less well understood. This article explores the disconnect between inter-
national rights-based protection approaches to refuge and duty-based asylum
(karam) commonly accepted in Middle Eastern societies. Returning to an explora-
tion of Marcel Mauss’ Essay on the Gift, it asks whether we are abrogating our moral
responsibilities when we permit a ‘rights-based approach’ to asylum to prevail. In
other words, when we mainstream ‘rights’ do we repress our human urge to provide
refuge to those in need? Should we perhaps be looking for a more holistic engage-
ment with humanitarian assistance and delivery that brings together a duty-based
responsibility with a ‘rights-based’ approach?
Keywords: refuge, asylum, sanctuary, rights-based protection, duty-based asylum,
karam, humanitarian assistance, The Gift
More than 60 per cent of the world’s refugees currently huddle along the eastern (and
southern) rim of the Mediterranean Sea. These—more than 10 million people—
include Palestinians, Iraqis, and now Syrians who have fled violent conflict in their
countries over the past century. Providing assistance to these enormous numbers of
people has not been easy. Refuge, asylum, and sanctuary in the Middle East have
become highly contested notions with many international human rights concepts
competing with local and regional understandings. The international legal standard
of providing protection to a category of people who have crossed international borders
Journal of the British Academy, 5, 177–199. DOI https://doi.org/10.5871/jba/005.177
Posted 25 July 2017. © The British Academy 2017