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.