Thursday, February 18, 2010

The Right to Asylum Is Mainly Affected by State Relation

Difference of political opinion as a reason of getting asylum (protection) to people who need protection in out of their country, in the same manner of Convention Relating To The Status of Refugee 1951, exactly in article 1 (2). Persecution based on Difference of political opinion is often as a reason to get asylum to other country, and international law instruments on human right guarantee it. Asylum is also given to people who act political crimes, on vice versa could not be given to general crimes

Explanation about what political opinion is, in international instrument does not clear enough. Crimes that include political crime decided by a country, which will give protection to asylum seeker. The problem might appear, if there is not same perception what kind of political crimes is, between government of asylum seeker and a country where they apply status of asylum. This problem tends to disturb state relation or even has tension.

Take an example, there is a person escapes from his country to another country to get protection, he said that he run away from his country because of fear of persecution based on difference of political opinion with authority. Finally, other country gives him asylum; the country supposes that he needs protection. Nevertheless, based on the country of origin, he is accused by doing general crimes, not a political crime.

Country of origin supposes that a country, which gives asylum, does not fill up requirement of law of human right, but asylum donor country supposes that the person needs protection. Which country is right? Diplomatic relation is very important in solving this problem such as by negotiation. Based on Convention Relating to Status of Refugee, explicitly in article 38, if there is no way out dealing with interpretation and implementation, the resolution, this dispute settled in International Court of Justice. However, the both countries must party of the convention on refugee. What if one or both countries are not state parties of this convention? It is better to respect asylum donor country in its policy dealing with asylum, and in a general principle state, that giving asylum includes a state's sovereignty.