ASYLUM

Meaning

Asylum is a Latin word and it derives its origin from the Greek
word “Asylia” meaning inviolable place. The term asylum in common parlance
means giving protection and immunity by a state to an individual from their native
country. There is no specific definition of Asylum but it can be understood as legal
protection granted to 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’.

In day-to-day conversation, the term asylum is used interchangeably with the term
refugee, there is a difference between the two procedurally where a person who is
still overseas seeks protection from a nation when given patronage after reaching
there is given the title of a refugee whereas in the asylum the person seeks the
protection from a nation after reaching there and hence is known as an asylee or
asylum seeker.

The main purpose of asylum is to give shelter to those who have well-rounded fear
in their home countries of persecution. The Universal Declaration of Human
Rights under Article 14 (1), provides that “Everyone has the right to seek and to
enjoy in other countries asylum from persecution”.

History

U.S. asylum rights stem from international treaties signed after World War II to
protect those who fear or flee persecution. The first agreement, the 1951
Convention Relating to the Status of Refugees, was negotiated by the United
Nations in response to the mass immigration following World War II. The United
Nations has attempted to establish an internationally negotiated definition of who
is admitted as a refugee. Nevertheless, the 1951 Convention only applied to those
who had become refugees as a result of events prior to 1 January 1951. The United
Nations adopted the refugee concept as set out in the 1951 Convention, but
expanded it to include potential refugees in 1967. Protocol on the Status of
Refugees. In 1968, the United States acceded to her 1967 Protocol.

Kinds of Asylum

The idea of Asylum remains that of personal immunity from the authoritative steps
of a decision maker than that of jurisdictional authority under whose power it falls.
There are mainly two forms of Asylum:

(1)Territorial Asylum:

It is allowed on the territory of the country granting asylum. Every sovereign state
has the right to control and maintain jurisdiction over its territory, so the decision
to extradite or grant asylum to someone is left entirely to its discretion. The state
therefore has territorial sovereignty over all its subjects and foreigners. This form
of asylum is primarily granted to those accused of political crimes such as inciting
hatred, treason, and espionage in their own country. Territorial asylum is based
primarily on the domestic laws of the sovereign.

Some examples of territorial Asylum –

1) Idi Amin has been given by Saudi Arabia.

2) Baby Dok has been given asylum by France.

3) Dawood Ibrahim mafia Don is given asylum by Dubai Government.

4) Dalai Lama and his followers were granted asylum by the government of India.

(2) Extra-territorial Asylum:

This form of asylum is usually granted by a country outside its territory, usually in
a place that is not part of its physical territory. In such cases, states granting asylum
to foreign countries with embassies are called diplomatic asylum. Asylum is also
granted to asylum seekers on board warships. They are exempt from foreign
jurisdictions operating in that area. Such warships are under the auspices of flag
states. This does not apply to merchant ships. Because merchant ships are not
exempt from the provisions of international law. Extraterritorial asylum is
therefore based on the framework of international legal agreements.

1. Diplomatic Asylum / Asylum in Legation:

Because the granting of extraterritorial or diplomatic asylum involves the

deprivation of national sovereignty, international law generally does not recognize
the right to seek asylum in legation facilities. However, asylum may be granted at
the legation in the following exceptional cases:

1) Individuals who are physically in danger from violence.

2) Where there is well-established and binding local custom.

3) When there is a special treaty between the territorial State and the state of
Legation concern.
Asylum in consular premises –

2. Asylum on the premises of an international institution –

Though International Law does not recognize any rule regarding

the grant of asylum in the premises of an International institution, however,
temporary Asylum may be granted in case of danger of imminent violation.

3. Asylum in Warship –

There are conflicting views on to grant of asylum in warships, but

it is argued that Asylum may be granted to political offenders.

As far as an exile warship is concerned, it may be granted on humanitarian grounds

if it is of extreme danger to those seeking it. The right of asylum to warships in the
case of legations is therefore recognized in the same way and subject to the same
conditions.

4. Asylum in Merchant Vessels –

Merchant ships are not exempt from local jurisdiction and therefore do not have
the power to grant asylum to local criminals. Therefore, if a person who has
committed a crime on land seeks asylum aboard a foreign merchant vessel, he or
she may be sued by the local police before the vessel leaves a port or when
entering another port in the same state. I have. Therefore, the rule applies that no
asylum is granted to merchant ships. However, states can grant asylum if they enter
into corresponding agreements.

5. Asylum on the premises of international Institutions:

Whether someone taking shelter withinside the premises of an global organization

or enterprise could be granted asylum is a query that can not accept with actuality
withinside the absence of any rule on this regard and additionally due to loss of
practice. However, a proper to furnish transient shelter in an excessive case of risk
from a mob can not be dominated out.

Thus, in Extra-territorial or diplomatic Asylum, Asylum can be

granted in exceptional cases and it is necessary to establish a legal basis in each
particular case.

Categories Of The Asylum Seekers

There are essentially 3 classes of asylum seekers, namely, territorial,

extraterritorial, and neutral. Territorial asylum is wherein asylum is granted inside
the territorial bounds of the country who’s supplying the asylum and is an
exception to the exercise of extradition. It is granted basically for the person that is
accused of political offenses, like treason and desertion. Extraterritorial asylum is
granted to someone outdoor the territory of the country. It generally describes the
ones instances wherein a State refuses to give up someone disturbing who isn’t
always upon its very own bodily territory however is upon one in all its public
ships mendacity in overseas territorial borders or upon its diplomatic premises
inside overseas territories.

Benefits of asylum

Leaving home and moving to another country unsure about their future attitudes is
the biggest challenge people can face in life. Protect those who have had to leave
their home country. Offer freedom from torture and degrading treatment. They are
permeated with the right to freedom of speech and opinion.
In general, saving the lives of people who are outside the jurisdiction of local
governments is feared that a fair trial will not be held, or that physical, mental, and
economic persecution can be expected if they stay there too long. accepted in some
cases.

Humanity shall always prevail, a quote that every country tries to abide by. The
benefit of asylum is that it protects the individual from being forced to return to
their home country. Their families stay protected at a place where they no longer
have to worry about their lives.

You can work and earn despite some restrictions that may be imposed by your host
country. Once an asylum seeker is granted the title of refugee, they are given the
same rights as are given to citizens of that country, with exceptions such as
political rights and respect. Some obtain citizenship of the country in which they
were granted asylum. In some cases, people choose the resettlement option for
good reasons.

Role of Nationality in the Asylum

The 1951 Geneva Convention on Refugees stipulates that no one shall be

discriminated against on the basis of race, religion or national origin. However, a
variety of factors are considered when a country decides whether to grant asylum.
After submitting the application, the applicant will be interviewed to gather all the
information regarding their background, reasons for applying for asylum, etc.
States often consider a person’s nationality and background to determine whether a
person is in fact in need.

For example, when someone from Syria or South Sudan says they fear persecution
or imminent mortal danger due to ongoing unrest in Middle Eastern countries, this
indicates the seriousness of their reasons for leaving their home country. It is not a
sign of arbitrary discrimination rather it is seen whether the people of a particular
nationality or belonging to a linguistic group are facing persecution.

CASE LAWS:

In the case of Colombia vs. Peru-the political leader of the Peru was accused of
the crime of instigating a military rebellion. He was granted asylum at limo by the
Colombian embassy and was not allowed to leave the country. The matter between
Peru and Colombia was then taken to the international court of justice on the
question of the right to diplomatic asylum. The court held that diplomatic asylum
is suppression of territorial sovereignty and should not be recognized unless the
legal basis is established. The state granting the diplomatic asylum must prove its
right to grant the diplomatic asylum and the other territorial state should respect it.

Assange v. The Swedish Prosecution Authority

The recent case that has captured a lot of media attention is Julian Assange. He is
an Australian editor, publisher, and founder of WikiLeaks who was accused of a
rape case and a molestation case by the Sweden government. The Sweden
government had filed for the extradition of Assange and the UK Supreme Court
ordered his extradition to Sweden in May 2012. In June 2012, he was granted
asylum in England at the Embassy of Ecuador.

The reason was given that his human rights would be violated if he is sent to
Sweden. In 2015 Sweden dropped the charges against Assange. In February 2012,
the UN declared that he had been ‘arbitrarily detained by the Ecuador embassy. In
May 2019 he was sentenced to 50 weeks in jail for breaching bail conditions. He
has also been accused of committing a crime against the United States of America
by releasing confidential documents of the United States of America on his website
named ‘WikiLeaks’. The USA has been trying to extradite him to their country.

Conclusion

Asylum is a very important part of international law. The turmoil in the Middle
East, escalating wars between nations, and her CAA-NRC controversy in India
make it more necessary than ever to be prudent and foresight to ensure the proper
implementation of the right to asylum. increase. The concept of diplomatic asylum
needs to be clarified. Various countries, including India, are required to have clear
asylum laws in their own countries. The principle that all nations must adhere to is
the principle of humanity.