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    Asylum in International Law

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    Rajib Lochan Bairiganjan
    The document discusses asylum in international law. It begins by defining asylum as legal protection granted to people who have fled their home countries due to war, conflict, persecution, or fear of persecution. The 1951 Refugee Convention prohibits expelling or returning refugees if their life or freedom would be endangered. Several other international agreements, like the UN's 2016 New York Declaration and the EU's Charter of Fundamental Rights, affirm the right to seek asylum. There are two types of asylum: territorial asylum, which is granted within a state's territory; and extra-territorial asylum, which is granted outside a state's territory, such as in embassies. Examples of those granted asylum include the Dalai Lama in India and author

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    Asylum in International Law

    Uploaded by

    Rajib Lochan Bairiganjan
    69 views3 pages
    The document discusses asylum in international law. It begins by defining asylum as legal protection granted to people who have fled their home countries due to war, conflict, persecution, or fear of persecution. The 1951 Refugee Convention prohibits expelling or returning refugees if their life or freedom would be endangered. Several other international agreements, like the UN's 2016 New York Declaration and the EU's Charter of Fundamental Rights, affirm the right to seek asylum. There are two types of asylum: territorial asylum, which is granted within a state's territory; and extra-territorial asylum, which is granted outside a state's territory, such as in embassies. Examples of those granted asylum include the Dalai Lama in India and author

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    The document discusses asylum in international law. It begins by defining asylum as legal protection granted to people who have fled their home countries due to war, conflict, persecution, or fear of persecution. The 1951 Refugee Convention prohibits expelling or returning refugees if their life or freedom would be endangered. Several other international agreements, like the UN's 2016 New York Declaration and the EU's Charter of Fundamental Rights, affirm the right to seek asylum. There are two types of asylum: territorial asylum, which is granted within a state's territory; and extra-territorial asylum, which is granted outside a state's territory, such as in embassies. Examples of those granted asylum include the Dalai Lama in India and author

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    69 views3 pages

    Asylum in International Law

    Uploaded by

    Rajib Lochan Bairiganjan
    The document discusses asylum in international law. It begins by defining asylum as legal protection granted to people who have fled their home countries due to war, conflict, persecution, or fear of persecution. The 1951 Refugee Convention prohibits expelling or returning refugees if their life or freedom would be endangered. Several other international agreements, like the UN's 2016 New York Declaration and the EU's Charter of Fundamental Rights, affirm the right to seek asylum. There are two types of asylum: territorial asylum, which is granted within a state's territory; and extra-territorial asylum, which is granted outside a state's territory, such as in embassies. Examples of those granted asylum include the Dalai Lama in India and author

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    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

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