Define Asylum and right to Asylum. Explain the various types of Asylum and distinguish between them.


Define Asylum and right to Asylum. Explain the various types of Asylum and distinguish between them.

Introduction:-Asylum is a Latin word and it derives from Greek word ‘Asylum’ which it simply means inviolable place. The term Asylum referred those cases where the person come to the requesting state for protection of his life from violence place and the requesting state provide protection to that person who come for asylum. There are two types of elements. They are Firstly shelter to provide shelter for refugees; and secondly the protection to the person under it territory who come to seek for Asylum. A person who enjoys the asylum is called an asylee. In International Law or Municipal Law, a person who enjoy the asylum, he may or may not be a refugees.
Definition:-The word ‘Aaylum’means protection by a state under its territory and under its control who come to request for its protection. It is the right of the state to provide asylum for the person under its territory.
I.G.Starke has defined the word Asylum in his book ‘An Introduction of International Law’ as follows:-
The two important elements involves ‘Asylum’ is –
·         A shelter for that person who come to seek for protection more than temporary.
·         The state performs its duty for protection of people under its territory who come to seek for Asylum.
Every state has a right to grant asylum to a person who comes to seek for protection under its territory on the principle that it is a sovereign right of every state found individual under its territory. This right has been conferred to a state on the basis of sovereignty, other state has excluded to exercise over the same territory. Although the right of asylum of the state not absolute the state cannot grant asylum to a person if the state found that the person who have planned, committed terrorist acts.
Objective of Asylum

The main objective of Asylum is to give protection to the person who comes to seek under its territory for protection it is the duty of the state to provide shelter to the person and it is the right of the person to enjoy the benefit of assets of that state.
 
Right to Asylum
Right to Asylum
Reason for Asylum

There are many reason to grants asylum to a person they are as follows:- Firstly Asylum is granted to a person to save the person life form local jurisdiction, Secondly a asylum may be granted on extra legal ground. It is clearly says that asylum is granted to prevent the person form violation of human right.
Is Asylum a Right of a Person?

Each and every person have a right to gets asylum in others states. The Universal Declaration of Human Rights under Article 14(Para1) says that every one has a right to seek asylum for protection from others local authorities and have right to enjoy the benefits from prosecution. After World War II this right was granted to response to the concern for stateless person and refugees. The person can enjoy the benefits when the state grants a right to enjoy the benefits.

Kinds of Asylum

A state grant Asylum to a person in the following ways. There are two types of Asylum, they are as follows:-
1)      Territorial Asylum; and
2)      Diplomatic Asylum or Extra-territorial Asylum.

1.      Territorial Asylum:-Territorial Asylum means Asylum which is granted by the state on its territory. Under traditional International Law the asylum is the right of the sovereign state on its territory to grant asylum on their discretion. Whether aliens or subject the sovereign state denotes the territorial supremacy of the state on its territory.
The State grants territorial asylum on its territory. The state grant territorial asylum it is an attributes of the territorial sovereignty. Each and every state has a right to grant asylum and exercise its sovereignty, under its territory and can admit any subject on its territory. It is the right and duty of the state to grant asylum to any person to others states who come to seek for protection under its territory but there are some restriction on freedom of asylum through treaties.
Examples-
·         Refugees from Bangladesh:-In 1970, Pakistan intentionally killed the large number of peoples. The millions of refugees came to India for protection themselves from violent place and they seek protection for India. India showed a friendship to the refugees and grants asylum to them, this is the unprecedented in the world.
·         Dalai Lama and his followers fled from China and came India to seek protection. We the peoples granted asylum to Dalai Lama and his followers. The Government of China contended that India was interfering internal affair of China. But India did not listen anything from China Government and granted asylum to Dalai Lama and his followers with the principles of territorial asylum. India has the right of liberty to do under its territory whatever it’s choose.
2.      Extra-Territorial Asylum or Diplomatic Asylum:-Asylum which grants protection to the offenders by a state within its territory of its embassies abroad is known as Extra-Territorial Asylum or Diplomatic Asylum. The diplomatic asylum limits the granting of sovereignty of the state, because diplomatic asylum cannot punished the offenders within the state so the offenders have right of diplomatic asylum.
In exceptional cases the diplomatic asylum can be granted. It can be granted only for temporary period to the individual, if the individual in physically danger mob rule in local state. If there is urgent threat the diplomatic asylum can be granted generally for political offenders.
a)      Asylum in the premises of international organization:-The international institution don’t have right to grant asylum. But if there is imminent danger and threat to the person at this condition the asylum can be granted. The United Nation Organization is the world peace body, if United Nation fail to provide asylum to the person it will lose its importance in the world peace body.
b)      Asylum in was-ships:-Asylum can be granted in war-ships on the ground of humanity incases if there is extreme danger to the individual seeking for asylum.


Right of Asylum

The offenders does not have any right of asylum, Articles 14 of the Universal Declaration of Human Right 1948 has recognized that everyone can seek asylum to others countries from form prosecution. However it is not a treaty but it is a declaration that a state does not bind to provide asylum.
In 1967 General Assembly on asylum adopted a declaration, on it declaration had says that a person who have come to seek for asylum should not be returned and its has also declared that the person who committed a crime against world peace or crime against humanity cannot granted a asylum to that person and this declaration don’t have legal basis. If this was accepted as a matter of right to asylum then the local state sovereignty will be restricted.





Previous
Next Post »