Monday, February 8, 2010

The Practice of Giving Asylum Often Appear Tension

Giving asylum is kind of country right to people who need protection from persecution based on race, religion, nationality, political opinion in their country of origin. Based on international law, giving asylum tends to be as an international responsibility, which is based on convention of refugee if the country includes state party or has ratified it.

However, in fact, giving asylum often appear tension between the country where asylum seekers apply their status in and the country of origin. The governments of asylum seeker often suppose that the asylum donor country has made its home affair, moreover the reason of getting protection based on political distinction to the authority.

An example can describe how the effect of giving asylum in state relationship. In 2006, there were Papua people (Indonesia) went to Australia to get protection (asylum); the government of Australia supposed that they needed to be given protection. Papua asylum seeker went out from Indonesia to Australia caused by fear from persecution towards them, and the existing of gross violation of human right in their territory, it was their reason to apply asylum in Australia. Because the seekers filled the requirements that listed in its national regulation, finally the Government of Australia gave asylum to them. As a result, the Government of Indonesia protested to Australia why Australia gave asylum to them. The Government of Indonesia supposed that there was not violation of human right in Papua and no persecution in there. By the time, the relationship between Indonesian government and Australia was tension; it could be proved by recalling the Indonesian Ambassador to Australia, in diplomatic it is a serious problem.

We know that the right to asylum has been granted in international law instruments, but the practice is very determined by political relation of state parties, eventhough the right to give asylum is the country right whether would give or reject status of asylum seeker. By the case, we may conclude that eventhough asylum is a right and granted international law, but the implementation mainly influenced by state relationship.

Other practice, there are countries run their asylum policy by discrimination, by only giving or making asylum status easily to people who are from certain country or region, and make it difficult for others country or region. Therefore, giving protection does not consider international law, however by the situation that happen to state party.

We cannot deny, state relation plays important dealing with asylum policy, but the right of asylum must be granted as possible as we can. Despite there is no real sanction towards state that run unfair policy, United Nation should pressure the importance of giving asylum to people who really need it.

Dealing with giving asylum based on political, asylum donor country should check whether the applicant have political distinction or do ordinary crimes, and or check first, whether their authority persecute them. By checking first, we hope that giving asylum will not cause bad impact to the asylum donor country and their country of origin.

For country, which give asylum should check continouesely their daily activities and prohibit asylee (person who get asylum) not to violate or suffer their original national interests, such as by doing black campaign their country of origin to international. For the country of origin, should respect to country, which give asylum towards their citizen as a country right.