ASYLUM
Meaning ;-
The word asylum is Latin and derived from the Greek word ‘Asylia’ which means inviolable place. The term is referred to those cases where the territorial State declines to surrender a person to the requesting state and provides shelter and protection in its own territory.
Definition:-
Asylum is the protection which a sovereign state gives on its territory on in some other place under the control of certain of its organs to a person who comes to seek it.
The Institute of International law, at its Bath session in September, 1950 defined the term asylum as under
“Asylum is the protection which a state grants on its territory or in some other places under the control of certain its organs to a person who comes to seek.”
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Is asylum right of a person?
Is asylum right of a person?
Definition of right; -
Right is an interest recognized by law. Interest means acquisition of benefit or repulsion of harm. A State has a right to grant asylum to a person on the basis of its sovereignty over the territory. The draft Convention on territorial Asylum adopted by the General assembly in 1974 has recognized under Article. 1, that the grant of asylum is a sovereign right of a state.
A person has a right to seek asylum in other states. Universal Declaration of Human Rights under article 14 says down that “everyone has right to seek and enjoy in other countries asylum from persecution.”
Kinds/ Types of Asylum:
There are two types of Asylum are as follows:
A) Territorial Asylum; and
B) Extra-territorial Asylum
1) Territorial Asylum:
Asylum which is granted by a State on its Territory, it is called Territorial Asylum. The right to grant asylum by a state to a person on it territory flows from the fact that every state exercise territorial sovereign over all person, on its territory.The grant of territorial asylum depends upon the discretion of a State .
Examples of territorial Asylum ;-
Pakistan granted asylum to Tiger Menno, who is wanted in Bombay Bomb blast case,.
i)Political asylum ;-
i)Political asylum ;-
If a person is victimize on the bases of his political opinion in his own country /state than than another state may protect him by providing a shelter in its territory .it is called as political asylum.
Example;-
Altaf hussan seek the political asylum in uk.
ii)Refuge asylum ;-
According to article 1 of 1951 Convention, Refuge is a person who is victimize in his own state on any of the following ground
· Race
· Religion
· Nationality
· political opinion
· or membership in a particular social group.
Asylum which is granted by a State on its Territory to a person who is victimized in his own state on the bases on above mention ground it is class refugee asylum.
Example;-
Pakistan grant refugee asylum to Afghanis.
iii)General asylum;-
when a state grant asylum to a person on general grounds it is called general asylum. It is generally granted to persons who are not qualify as refugees in the sense of the 1951 Convention, or as victims of persecution is the sense of Universal Declaration of human right, but are seeking for a better life or for economic reasons or social reasons.
2) Extra-territorial Asylum;-
When Asylum is granted by a State at places outside its own territory. It is called extra-territorial Asylum’. It usually describes to those cases in which a State refuses to surrender a person demanding who is not upon its own physical territory but is upon one of its public ships lying in foreign territorial borders or upon its diplomatic premises within foreign territories.
1. Diplomatic Asylum / Asylum in Legation: -
When asylum is granted by a state within its embassy premises situated in foreign country it is called diplomatic asylum. International law ordinarily does not recognize a right to grant asylum in the premises of. the international court of justice held that there is no general right of diplomatic asylum.
Exceptional cases:
Diplomatic asylum can be granted in the following cases.
(i)it can be granted to a person who are physically in danger from violence.
(ii) It can be granted where there is well established custom.
(iii) It can be granted where there is treaty
(ii) It can be granted where there is well established custom.
(iii) It can be granted where there is treaty
2. Asylum in the premises of international institution ;-
When a person takes asylum in the premises of international institution it is called asylum in international institution. There is no general right or practice regarding granting asylum in the premises of international institution. It can be granted only in an extreme case of danger from mob.
Example;-
Najibullah, former president of Afghanistan seek asylum in UN headquarters in Kabul, later he was killed by Taliban.
3. Asylum in Warship;-
warships of foreign stat while in internal waters of another state are enjoy immunity from local jurisdiction of such state so, asylum can be given in warships and such asylum will be recognized asylum only when is given by the captain of the ship otherwise not .
4. Asylum in Merchant ship/ Vessels;-
Merchant ships of foreign while in internal water of another state do not enjoy immunity from local jurisdiction of such state so they are not competent to grant asylum.
Right of Asylum under International Instruments;-
1) Universal Declaration of Human Rights;- (UDHR)
According to Article 14 (1) of the Universal Declaration of Human Rights 1948
“Everyone has the right to seek and to enjoy in other countries asylum from persecution”.
2) Convention on territorial Asylum 1954;-
According to Article 1 of the Convention on Territorial Asylum adopted in, 1954:
‘’ the grant of asylum is a sovereign right of a state’’. It means that State has a right to grant asylum any person on its territory.
3) Declaration on right to asylum;-
According to The Declaration on Territorial Asylum as adopted by United Nations General Assembly in its resolution of December 14, 1967,
“no one shall be subjected to measure such as rejection at the frontier, expulsion or compulsory return to any state where he may be subjected to prosecution .” . On 14th December 1967 General Assembly adopted Declaration of Territorial Asylum through the adoption of resolution. The declaration consists of a Preamble and four Articles dealing with the principles relating to the grant of refusal of asylum. This Declaration provides that the right to seek and enjoy asylum may not be invoked by any person with respect to whom there are serious reasons for considering that he has committed a crime against peace, a war crimes and crimes against humanity. Article 4 of the this Declaration provides that the State granting asylum shall not permit persons who have received asylum to engage in the activities contrary to the purpose and principles of United Nations. From the above provisions of the declaration it is clear that State does not have absolute right to grant asylum. The grant of asylum is a part of which cannot be exercised in respect of International crimes including genocides.
Asylum in Pakistan;-
Macth Ads
Pakistan is not a party to the 1951 refugee Convention relating to the Status of Refugees/ 1967 Protocol and has also not enacted any national legislation for the protection of refugees and asylum seeker nor established procedures to determine the refugee status of persons who are seeking international protection within its territory. Such persons are therefore treated in accordance with the provisions of the Foreigners Act, 1946.
According to this act the federal govt has a right to deal with foreigners according to its own policies and rules and regulation.
when Afghanis migrate to Pakistan and many problems were arise than the international organization UNHCR (United Nations High Commissioner for Refugees adopted by the General Assembly Resolution 428 (V) of 14 December 1950) conducts refugee status determination under its mandate and on behalf of the Government of Pakistan in accordance with the 1993 Cooperation Agreement between the Government of Pakistan and UNHCR. In this agreement the govt of Pakistan delegate his power to grant asylum and determine the status of refugees to UNSCR.
Generally, it is the duty of interior ministry to grant asylum but in Pakistan it is done by UNHCR in collaboration of interior ministry of Pakistan.
Procedure to get asylum in Pakistan;-
If a person want to get asylum in Pakistan for this purpose he has to file a written application in the office of UNHCR. The prerequisite for such application are the following
1. He must not be the national of Pakistan.
2. Application for asylum must show that he or she has a “reasonable fear”
3. He must not be the national of that state which is in war with Pakistan.
Than UNHCR take the 1st interview from the person to check that either their claim is true or not. If the application reject in 1st interview than he has no right to appeal against it.
Applicant who select in 1st interview is eligible for second interview in second interview. if they are selected in 2nd interview than UNHCR issue a refugee card to them. Applicants who are rejected in 2nd interview shall have the right to file an appeal to the separate authority of UNSCR with 30 day of such rejection. New penal hear the appeal and decide that whether to grant asylum or not. The decision of them will be final.
3 durable solution for refugees;-
The ultimate solution of refugees is not to ensure that refugees remain refugees for ever, 3 durable solution for refuges are the following;
1)Repatriation;-
Repatriation is the process of returning the refugees voluntarily to its own country of origin or citizenship. Voluntary Repatriation is considered to be the most beneficial and desirable solution for the refuge When the conditions in the country of origin are such that it permits return in safety and with dignity.
2)Integration;-
When asylum country integrate, or accept the refugees by giving them the nationality of its state it is called integration .It is an appropriate solution for refugees in some countries. Integration process depend on the social and economic conditions of the asylum country
3)Resettlement;-
Resettlement refers to settlement of refugees in a third country where they can enjoy long-term protection Resettlement is a solution for refugees who are unable to return their home state or unable to remain in their country of first refuge due to varios reason.
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international law llb notes .
llb notes free download .
Asylum in international law
