Asylum in International Law

It is pertinent to first understand the term ‘Asylum’. It has been derived from
a Greek word whose Latin counterpart is ‘Asylon’ and it means ‘freedom from
seizure’. There is no specific definition of Asylum but it can be understood as
legal protection granted to the people who have fled their home countries
due to warship, conflict, persecution, or fear of persecution. It is a possibility
to remain in a country either permanently or for a temporary period. A
person who seeks International asylum i.e. an asylum seeker is known as an
‘Asylee’.

Article 33(1) 1951 Refugee Convention prohibits the expulsion or return of

refugees and asylum-seekers if their life or freedom is in danger based on
their race, religion, membership of a social group, political opinion, or
nationality.

New York Declaration for Refugees and Migrants by the UN General

Assembly in 2016 also reaffirms the ‘right to seek asylum’ and freedom of an
individual to leave or return to their country.

Article 18 of the Charter of Fundamental Rights of the European Union also

provides that as per the rules of the Geneva Convention(28 July 1951) and
1967’s protocol, the right to Asylum is guaranteed.

In 1993, the Vienna Declaration and Programme of Action also reaffirmed

the right to seek and enjoy asylum in other countries and the right to return
to their own country.

Territorial Asylum
It is granted when the state provides asylum to asylee within its territory.
The exclusive control of every sovereign state over its territory backs up the
right of a state to grant territorial asylum. It is an exception to the
extradition.

In 1947, the topic was first raised by the Commission on Human Rights and
later was incorporated in the UDHR under Article 14. Later in 1967, after a
rigorous attempt, the General Assembly had passed a ‘Declaration on
Territorial Asylum’ at its twenty-second session.

Some famous examples of this type of asylum include:

The asylum that was given by India to Dalai Lama and his followers in India
in 1955 as those people were facing atrocities for a long time in China.
Salman Rushdie, a writer who was in controversy for his novel ‘Satanic
Verses’ was given Asylum by the United Kingdom.
Extra-Territorial Asylum
It is granted when the state provides asylum outside the territory of its
state, such as in warships, legation consular premises, international
headquarters, or its Embassy situated in a different country i.e. one of its
public places situated/ lying in foreign territorial borders. The term extra-
territorial means beyond the jurisdiction of the authorities of the state where
such establishment is i.e. the local authorities.

Benefits of asylum
It is basically granted to save the lives of people from the local authorities’
jurisdiction when the person fears that he/she might not be provided with a
fair trial and if he/she stays any longer in that place will have to face
persecution either physical, mental or economic.

Despite some restrictions which may be imposed by the host country, one
can be allowed to work and earn. Once the asylum seekers get the title of
refugees, they are provided with the same rights subject to exceptions like
political rights and respect as that given to a citizen of that country. Some
might even obtain the citizenship of the country where they have been
granted asylum. Some can also opt for the resettlement option in case of
strong reasons.

Role of Nationality in the Asylum

The 1951 Refugee Convention contains the provision that no individual can
be discriminated against on the basis of race, religion, or country of origin.
However, when the State is deciding upon the question of whether one
should be granted asylum or not, various factors are considered. The
individual after submitting the application is interviewed to gather all the
information regarding his/her background, the reason for pleading for
asylum, etc. the state often considers the nationality, background of an
individual to decide whether the person is in actual need or not.

Difference between Asylum and Extradition

These two terms are extreme poles of each other i.e. totally opposite to each
other. Asylum is providing protection and a safe place by the host country to
all those who have been exposed to risk and persecution and therefore have
left their home countries. On the other hand, extradition is the process of
sending back a fugitive by one country to another, the main purpose is to
criminally prosecute the fugitive. It is a process that takes place only when
the two countries involved have a certain ad hoc agreement or bilateral
treaty regarding it.

Assange v. The Swedish Prosecution Authority

Colombia v. Peru 1950