Asylum
Q What is Asylum?
Ans Asylum means giving protection to an alien who is accused of committing offences of political nature. Asylum is the protection given to a person seeking it in a territory of another state. Asylum is the right of a sovereign state to grant shelter and protection to a foreigner and refuse his extradition. Persons genuinely seeking refuge from persecution are often reffered as asylum seekers.
Asylum involves the following two elements:-
(1) A shelter which is more than a temporary refuge. People who live in fear of being tortured or killed by their govt., often seek asylum as do people who are persecuted for their religious or political beliefs.
(2) A degree of active protection: On the part of authorities which have control over the territory of asylum.
According to Universal Declaration of Human Rights , "Everyone has a right to seek and enjoy in other countries asylum from protection." Asylum is closely connected with extradition and both are interdependent, where asylum stops extradition begins. Asylum is generally motivated by human consideration and involves an adjustment between the legal claims of state sovereignty and the demands of humanity.
Kinds of Asylum:-
(1) Territorial Asylum: Territorial asylum is the one granted by a state in its territory. Territorial asylum is not usually granted to ordinary criminals. It is designed and employed primarily for the protection of persons accused of political offences such as treason, desertion, Sedition, religious refugees. A well known case is Dalai Lama of Tibet.
The General Assembly said in the Declaration of territorial asylum (1967) that the grant of asylum is a humanitarian act and it cannot be regarded as unfriendly by another state. But adds, states granting asylum shall not permit persons engaged in activities contrary to the purpose and principles of the U.N.
(2) Extra-territorial asylum.Asylum granted by a state not on its physical territory, but on its notional territory, like in a legation and consular premises and on warships is called the extra-territorial asylum.
(i) Diplomatic Asylum. The granting of asylum in the legation (building inwhich diplomats work) premises is known as diplomatic asylum. It should be granted as a temporary measure to individuals physically in danger. It is an exceptional and controversial measure because it withdraws the offender from the jurisdiction of the territorial state.
(ii) Asylum in the premises of International Institutions.
There is no general right or practice regarding granting asylum in the premises of international institutions and of specialised agencies, even on humanitarian grounds. But temporary refuge in extreme cases cannot be ruled out. e,g Najibullah, former president of Afghanistan sought refuge in UN headquarters in Kabul, later he was killed by Taliban.
(iii) Asylum on Warships.
The warships and public vessels enjoy immunity under international law and it has been claims that there exists a right of asylum on ships. Asylum in merchant ships cannot be granted because merchant vessels donot have immunity.
Ans Asylum means giving protection to an alien who is accused of committing offences of political nature. Asylum is the protection given to a person seeking it in a territory of another state. Asylum is the right of a sovereign state to grant shelter and protection to a foreigner and refuse his extradition. Persons genuinely seeking refuge from persecution are often reffered as asylum seekers.
Asylum involves the following two elements:-
(1) A shelter which is more than a temporary refuge. People who live in fear of being tortured or killed by their govt., often seek asylum as do people who are persecuted for their religious or political beliefs.
(2) A degree of active protection: On the part of authorities which have control over the territory of asylum.
According to Universal Declaration of Human Rights , "Everyone has a right to seek and enjoy in other countries asylum from protection." Asylum is closely connected with extradition and both are interdependent, where asylum stops extradition begins. Asylum is generally motivated by human consideration and involves an adjustment between the legal claims of state sovereignty and the demands of humanity.
Kinds of Asylum:-
(1) Territorial Asylum: Territorial asylum is the one granted by a state in its territory. Territorial asylum is not usually granted to ordinary criminals. It is designed and employed primarily for the protection of persons accused of political offences such as treason, desertion, Sedition, religious refugees. A well known case is Dalai Lama of Tibet.
The General Assembly said in the Declaration of territorial asylum (1967) that the grant of asylum is a humanitarian act and it cannot be regarded as unfriendly by another state. But adds, states granting asylum shall not permit persons engaged in activities contrary to the purpose and principles of the U.N.
(2) Extra-territorial asylum.Asylum granted by a state not on its physical territory, but on its notional territory, like in a legation and consular premises and on warships is called the extra-territorial asylum.
(i) Diplomatic Asylum. The granting of asylum in the legation (building inwhich diplomats work) premises is known as diplomatic asylum. It should be granted as a temporary measure to individuals physically in danger. It is an exceptional and controversial measure because it withdraws the offender from the jurisdiction of the territorial state.
(ii) Asylum in the premises of International Institutions.
There is no general right or practice regarding granting asylum in the premises of international institutions and of specialised agencies, even on humanitarian grounds. But temporary refuge in extreme cases cannot be ruled out. e,g Najibullah, former president of Afghanistan sought refuge in UN headquarters in Kabul, later he was killed by Taliban.
(iii) Asylum on Warships.
The warships and public vessels enjoy immunity under international law and it has been claims that there exists a right of asylum on ships. Asylum in merchant ships cannot be granted because merchant vessels donot have immunity.
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