international issues

The Most Question About Asylum

2010-02-22T20:45:00.001+07:00

There many questions about asylum and refugee

1. Definition of asylum

Asylum is protection that given to people for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of origin.

Asylum seekers is people who apply their status of asylum, and if received they would get protection as refugee

Definition of refugee

People who fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

Definition of internally displaced person

The definition of internally displaced person is same as definition of refugee, but they are still in their country not outside of their country. Internally displaced person are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effect of armed conflict, situation of generalized violence, violations of human rights or natural or human made disasters, and who have not crossed an internationally recognized state border (Guiding Principle of IDPs)

Migrant is people who are outside of their country, but the reason is not same as refugee, usually for reason of economic

2. When convention relating to status of refugee does not run to refugee?

1) He has voluntarily re-availed himself of the protection of the country of his nationality; or

2) Having lost his nationality, he has voluntarily re-acquired it, or

3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or

4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or

5) He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality; Provided that this paragraph shall not apply to a refugee falling under section A(1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality;

6) Being a person who has no nationality he is, because of the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence;

3. Who could not be protected by convention relating to status of refugee?

1) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

2) he has committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee;

3) He has been guilty of acts contrary to the purposes and principles of the United Nations.

4. What is refugee right?

1) Freedom to practice their religion and learn religious education to their children (art. 4)

2) Have the right to association, As regards non-political and non-profit-making associations and trade unions (art. 15)

3) Have the same access to court with national (art. 16)

4) Have favourable treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage earning employment (art. 17)

5) have the same right to get public education with respect to elementary education (art. 22)

6) Have same treatment with respect to public relief and assistance as is accorded to their nationals (art. 23).

7) Have the right to choose their place of residence to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances. It is according to international law of human right that listed in universal declaration of human right, international covenant on civil and political right etc.

8) The contracting state gives identity papers to any refugee in their territory who does not possess a valid travel document (art. 27).

9) Have travel document for the purpose travel outside their territory, unless if it will effect national security and public order (art. 28)

The Right to Asylum Is Mainly Affected by State Relation

2010-02-18T20:53:00.003+07:00

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.

Asylum Regulation

2010-02-15T10:36:00.006+07:00

The Regulation of Asylum Based on International Law

There are many international instruments that rule on asylum, as follow:

A. Charter of United Nation

Charter of United Nation does not detail stated the right to asylum, but in preamble of Charter of United Nation admits fundamental rights, listed:

“to reaffirm faith in fundamental human rights, and the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and

To establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and

To promote social progress and better standarts of life in larger freedom”

B. Universal Declaration of Human Right

Art 13 (1) : “everyone has the right to freedom of movement and resident within the borders of each state”.

(1) : “everyone has the right to leave any country, including his own, and to return to his country”.

Art 14 (1) : “everyone has the right to seek and to enjoy in other countries asylum for prosecution”.

(2) : “the right may not be invoked in the case of prosecution genuinely a rising from non political crimes or from acts contrary to the purposes and principles of the united nations”.

C. International Covenant on Civil and Political Right

Article 12

(1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

(2) Everyone shall be free to leave any country, including his own.

(3) The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (order public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

(4) No one shall be arbitrarily deprived of the right to enter his own country.

D. United Nation Declaration on Territorial Asylum

Article 1

(1) Asylum granted by a State, in the exercise of its sovereignty, to persons entitled to invoke article 14 of the Universal Declaration of Human Rights, including persons struggling against colonialism, shall be respected by all other States.

(2) The right to seek and to 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 crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes.

(3) It shall rest with the State granting asylum to evaluate the grounds for the grant of asylum.

Article 2

(1) The situation of persons referred to in article 1, paragraph 1, is, without prejudice to the sovereignty of States and the purposes and principles of the United Nations, of concern to the international community.

(2) Where a State finds difficulty in granting or continuing to grant asylum, States individually or jointly or through the United Nations shall consider, in a spirit of international solidarity, appropriate measures to lighten the burden on that State.

Article 3

(1) No person referred to in article 1, paragraph 1, shall be subjected to measures such as rejection at the frontier or, if he has already entered the territory in which he seeks asylum, expulsion or compulsory return to any State where he may be subjected to persecution.

(2) Exception may be made to the foregoing principle only for overriding reasons of national security or in order to safeguard the population, as in the case of a mass influx of persons.

(3) Should a State decide in any case that exception to the principle stated in paragraph 1 of this article would be justified, it shall consider the possibility of granting to the person concerned, under such conditions as it may deem appropriate, an opportunity, whether by way of provisional asylum or otherwise, of going to another State.

Article 4

States granting asylum shall not permit persons who have received asylum to engage in activities contrary to the purposes and principles of the United Nations.

E. United Nation Declaration on Diplomatic Asylum

F. Convention and Protocol Relating to The Status of Refugees

This convention rule about refugee, not for asylum seeker, but in this convention also rules about international principle for asylum seeker, such as listed:

Article 32

Expulsion

(1) The Contracting States shall not expel a refugee lawfully in their territories save on grounds of national security or public order.

(2) The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority.

(3) The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures, as they may deem necessary.

Article 33

Prohibition of expulsion or return “Refoulement”

(1) No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

(2) The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country

G. The Cairo Declaration of Human Right in Islam

Article 12

“every man shall have the right, within the framework of shari’ah, to free movement and to select his place of residence whether inside or outside his country and if persecuted, is entitled to seek asylum in another country. The country of refugee shall ensure his protection until he reaches safety, unless asylum is motivated by an act which shari’ah regards as a crime”.

Based on asylum regulation listed above, we know that the right to asylum has strong legal standing and strongly guaranteed by international law of human right

The Practice of Giving Asylum Often Appear Tension

2010-02-08T21:32:00.001+07:00

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.

The Importance of Character Building in Corruption Eradication

2010-01-31T16:22:00.002+07:00

Today the problem of corruption is not only be internal country but also international problem, because the effect of corruption has extra ordinary effect that danger in all of daily segments. Corruption can hamper country’s development program, be getting bigger a number of poverty, and the most dangerous effect moral degradation. If the society have immoral character, we can imagine that the life will be uncontrol, run mob rule and the end will be happen ‘who is strong who is the winner’ who is the strongest who has authority.

Based on the dangerousness of corruption, there are many policies that governments taken to eradicate corruption, in some countries have made new rules, amended with maximum penalty. The country has also made independent board, and strong control that built corruptions watches by society, it is hopeful, corruption eradication will be success.

Internationally, United Nation has tried to against corruption by enacting United Nations Convention against Corruption. In the preamble of this convention listed that the prevention and corruption eradication is a responsibility of all states and that they must cooperate with one another, with the support and involvement of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, if their efforts in this area are to be effective. This convention is caused by corruption happen to not only in developing country but also in modern country and it has wide effect in economic development.

National and international instrument is very important, as a legal standing in eradicating corruption. Officer, the authority and humankind should run regulation that have enacted well. If the regulation can run well, it will be a progress in corruption eradication, but if the regulation cannot be implemented, it will be useless.

The main factor that makes regulation run well is the character of law enforcement officer. If its stakeholder could not run their duties, regulation will not automatically be functioned, even though it is kind of a good rule.

The first step to eradicate corruption is by character building. Character is very dominant in determining people what to do. People who have a good character tend to do good things, have a strong control to their attitude, and willingness in unlawful action.

How is the relationship between a good character and corruption? Corruption is caused by character that wants to get more over their capability. Incapability to cover their necessary, people who do not have a good character, tend to violate the rule in covering their necessary. Character is not only caused by their personal but also by people whom close them, such as family member.

Take an example, in a family, father who more responsible in financial, has a wife and children whom need something that is expensive, they always ask father to fulfill it. Actually, the real condition does not cover it, because father has limited budget, but his family always ask and ask continuously, if he does not have a good and strong character, he will break the law by corruption in their office. What if this condition happens to many families, and what if it happens to senior official government, it will reduce state financial.

In order to build a good character, it needs educating people to against corruption. The education is able to run by giving socialization explicitly in suffering corruption toward all of us. The other way by campaigning simple life, because people who implement simple life tend to receive their earning, and their secondary needs can be based on their own earning. Life with simple does not have thing that expensive and less of use. If we implement it, we will not buy anything that less of use and expensive, so factor of corruption will not appear in mind, and the end fight against corruption successfully.

Food Crisis on the World, The Problem and Solution

2010-01-24T20:37:00.004+07:00

Nowadays our world is worried by availability of food, even starvation happened to part of the world, people could not get primary food in daily. If the condition happen to part of settler in some country but the solution could not solved because less of food, condition like that called as food crisis. Food crisis mainly caused by population growth of people in the world. Population will be becoming bigger but food availability will be becoming less, so food production can not covered all people, and automatically come up food crisis in the world.

There are many factors that caused food crisis in the world, the less of food availability and uncontrolled growth population. Food production is importantly depends on region availability that produce food. We have know, the main problem, soil, is very limited, this condition is aggravated by abusing soil function that only originally used for food production. Nowadays there are many farmlands area, fertilized soil to produce rice, used for building industrial region, planting source of alternative energy, building modern shopping centre, houses and others. Changing from farmland area to industrial region indeed, can increase prosperity of local people because it will create new field of job, but founding industry on farmland area will reduce a number of farmland area, so food producing will be also reduce as well.

Climate condition plays very important in food production. Take example, plants which main produce primary food, in traditional agriculture system, mainly depends on climate. In tropical area, there are many regions that only plant rice in rainy season because in these season has enough water to irrigate rice field, but there are only a few region that plant rice in dry season because it does not enough water to irrigate, generally part of farmer left open their land without planting anything until rainy season come.

It has obstacles dealing with planting in rainy season, usually dealing with disaster occurred, namely flood. Flood disaster often damage plants, so it will disturb rice growth or more aggravated will cause failed harvest. If the condition occurred in a larger number of lands, surely, food production will be reduced. Unfortunately this condition will be repeated in next rainy season. If condition occurred, it will inflict both farmer and country, farmer got inflicted in financial as their job, and for country it will reduce food supplies.

Solution Food Crisis

1. Control population

Dealing with population that be getting bigger and tends to be uncontrolled, it is important to each internal country to socialize the importance to control population, because uncontrolled population triggers less of food availability in the world. There are many programs to control population such as family planning or small family. Having a small family is not only more able to cover daily needs but also more giving affection toward their family. The other program may be able to be run, like do not giving subsidy to the third child and the next in one family. By running control policy of population, surely, can manage population and finally could balance between a number people and enough food availability.

2. Returning Back Function of Farmland

Narrowness of farmland, the internal government should make a policy to get return back of original function as food producing place. Listed previously, many farmlands had been changed into industrial area, planting source of alternative energy, houses and modern shopping centre. Hard prohibition should be implemented in founding houses and modern shopping in farmland area, but for planting source of alternative energy, it is better to think it deeply before making policy. The importance of industry in their region can create job toward neighboring society. But it is a must to regulate that industry area is only able to found outside farmland or fertilized soil, take an example founding industry only allowed in unfertilized soil. Farmland that used for planting source of alternative energy remains exist, but the wide soil that used should be limited or based on consideration.

3. Climate

Climate main automatically from nature, but we can adapt it. Nowadays climate plays very important in agriculture. Climate change, now, as a big problem that faced by international, climate change can make farmer do not have guidance in predicting how kind and long a season, because many plants are only planted in certain season.

In traditional system, guidance is still usually by natural customs.

Climate change, now has been international issues, actually had discussed in United Nations, and asked countries in the world to make policy in reducing global warming. There are many ways to reduce global warming such as plant million trees program, reduce CO2 gas that resulted from industry. The countries should devote united nation decision in reducing global warming.

4. Creating New Prime Feed

Creating new prime feed that is resistance towards infection caused by microbe or nature disturbing. Further more could create varieties of plants which can grow up in outside their original habitat. Having soil fertilization program in other land so that can be planted plants that produce primary food. If plants grown up in fertile soil, surely it will grow up and produce well, not only in quantity but also in quality and the end can more supply food.

We have to develop other source of primary food by planting an alternative primary food, such as cassava or other starchy root crops, corn, and other plants that result fruit contain high carbohydrate. These kinds of plants actually can grow up in our surrounding environment, so if there is a place around us which is still vacant we should better plant that result source carbohydrate. If all people aware to do it, it will reduce our dependence in primary food.

5. Our Character

we are as ourselves, we know that there are a number of people still less of or got starvation, we should care it by avoiding wasteful eating and eat sufficient food, so we do not eat over, do not leftover rice, meal, etc. as many as possible.

The problem that caused food crisis that we face now is our responsibility, we have to take care it. The factors that caused food crisis are actually so complexes, it is not solved by few countries but it needs international cooperation, such as dealing with global warming and climate change. The several solutions of crisis food listed above should be run by all of us with full of responsibility, and we hope that food crisis could be solved sooner, and could not happened anymore in our beloved world.

How to Eliminate Human Trafficking

2010-01-20T11:36:00.003+07:00

Trafficking is one of the most issues that must be thinking it deep by international. Trafficking as a international serious crime, the practice of trafficking, nowaday, is getting bigger, so it needs to be overcome by international cooperation. Trafficking occurred not only in prosperous country but also in developing country. Take a number of trafficking cases in Europe, United States of America, and other prosperous country are going to expand. But most victims come from developing countries because developing countries, in general, are not as prosperous as modern countries.

In 2000 United Nations have tried to eliminate trafficking by enacting United Nations Convention Against Transnational Organized Crime as a Resolution adopted by the General Assembly. The purpose of this convention is to promote cooperation to prevent and combat transnational organized crime more effectively. By these convention trafficking involved Transnational Organized Crime, because the practice occurred cross national border. Most of the trafficking victims are women and children.

United Nations Convention Against Transnational Organized Crime has supplement such Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, Protocol Against the Smuggling of Migrants by Land, Sea and Air, and Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition, Protocol To Prevent, Suppress And Punish Trafficking In Persons used for preventing and combatting trafficking in person, especially women and children, protecting and assisting the victims of such trafficking, with full respect for their human rights; and promoting cooperation among States Parties in order to meet those objectives.

Based on Protocol to Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, trafficking mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of thegiving or receiving of payments or benefits to achieve the consent of aperson having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

Elements of human trafficking
On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements (The United Nations Office for Drugs and Crime) (www.unodc.org)
The Act (What is done)
Recruitment, transportation, transfer, harbouring or receipt of persons.
The Means (How it is done)
Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim
The Purpose (Why it is done)
For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs.
The practice of trafficking is usually by deception to victim that victim will get well-paid job such as servant in other country, employee in foreign company, or interested program such art and cultural ambassador, young and students exchange and etc. The recruitment may be done by unknown people who offer job or program to the victim, but it is a guise merely, the main goal is to exploit the victim such as sexual exploitation, slavery, or removal of organs. Recruitment process is not only from unknown people but also from well-known people such as important figure at their society or religion.

There are several factors that trigger human trafficking (Indonesian guidance book of eliminating trafficking) :
1. Poverty
People who life with poverty feel hard, so they would like increase their financial, but, usually occurred, they was cheated by trafficker who offered job, but it was only a guise merely.
2. Less of respect towards women
Dealing with the some culture that women is not more respecful than male
3. Child supposed to slave
4. Low education and competence
low education strongly caused competence, both of these are mainly caused by poverty, or the culture view that high education is not too important. By less of education someone do not have chance to choose their self determination dealing with kind of occupation, it cause they will receive whatever job without thinking it deep. And hard in getting report about human trafficking as example
5. Consumtif character
Consumtif character will spend their financial fast, if without much money, so the condition triggers poverty.
6. disharmonism family
Children grown up in broken home, may be less of their parents attention, tend to be easy to get effection by trafficker. It is caused by situation that children could not feel happy.
7. Too early marriage
Too early marriage, in many cases, finally got divorce, it is happened to them because they was still labil in managing family.
8. Less of careness by neigbouring society
It is caused the neighbouring society do not have information about trafficking, and suppose that people offered new job by unknown man is ordinary, eventhough they do not what kind of job that the victim run, and what condition the victim is.
9. The character of officer
The officer play important toward the existing trafficking practise, if they do not take in mind or do not care about trafficking cases, there are no regretful towards trafficker who have done it, the case will be repeated again.

There are many factors that support trafficking, the trigering factor are complexity, so it need hard struggle in eliminating trafficking especially women and child trafficking. One thing that support women and child traffiking is poverty, so government should decrease the number of poor society by running their policy, take an example, by creating new field of job. Giving enough education tend to give enough competence to someone, so someone could not easy to be a victim in trafficking. Government should always socialize about danger of tarfficking, socializing can be run by showing in television, radio, newspapers or face directly to society who live in remote village. Socialization must be continouese until all of society know about trafficking. The regulation that rule trafficking must be run well, and should have strict punishment, and law eforcement officer should run the state policy as maximal as they can.

THE HISTORY AND DEVELOPING PROCESS OF HUMAN RIGHT

2010-01-09T11:37:00.000+07:00

The history of human right, sourced from basic right theory, was the binding right only as people. Sourcing this right was not from regulation, but from the God Almighty, if people did not have this right people could not be life well as human beings. This right was implemented universally without discrimination based on religion, race, nationality, sex, color and others. This right was not revoked by whoever and whenever if the right holder still alive (Rhona KM Smith).

Human right must be guaranteed and implemented by authority as executive power by laying down detailed regulation dealing with human right. To equalize implementation it universally, needs international regulation.

Before United Declaration of Human Right (UDHR) exist, there are previous document as starting point of making UDHR as follow :

1. MAGNA CHARTA, 1912.

The great charter, or the “Charter of Liberties of The English People” as it was called, was a careful revision and reproduction of the old anglo saxon principles and tenets of government which had been suppressed by the norman conquerors and their immediate successors, and my be considered the most important instrument of english constitutional history.

King John by his continual extorsions of money and violation of feudal customs had aroused the anger of not only the nobility but the knights and townspeople to the point of rebellion. The lower classes such as serf and artisans, were not actively rebellious, but, though the uprising of 1213-1215 was dominated by barons, it was in a sense a national reaction. King John, compelled by superior force to enter into parleys with the barons at Runnymede. On June 15, 1512, after numerous attempts at evasion, King John placed his seal upon the preliminary draft of demands presented to him by the barons.

The resulting document was put fourth in the form of charter granted by the King. The original charter, in latin, is a relatively brief document of some 70 clauses, many of which were if only transient significance.

The charter contains provisions guaranteeing the freedom of church and the customs of town. It implies that there are law protecting the rights of the King’s subject which the King is required to guarantee of trial by jury and habeas corpus, the later interpretations of original charter grants. (Masyhur Effendi : 2005)

2. THE PETITION OF RIGHT, 1628.

The Petition of Right drafted in1628 by Edward Coke, one of the greatest components of English Legal System. The petition was sent by the English Parliament to Charles I as refusal parliamnet to finance the King’s foreign policy had caused his government to impose illegal taxes and the quartering of troops in citizens houses as economy measures.

The Petition of Right is based on upon earlier charters and statues securing recognition of four basic principle: taxes may be not levied without the consent of parliament; no person could be imprisoned for refusing to make payments which had not been legally established by parliament; no person could be imprisoned for any offense without cause and without an opportunity to answer the charge; soldiers and marines could not be housed in the homes of the citizenry and martial law may not be used in time of peace. The Petition of Right remains as one of the landmarks of British freedom. (Masyhur Effendi : 2005)

3. BILL OF RIGHT, 1689.

The complete name of Bill of Right is An Act Declaring The Right And Liberties of The Subject And Setting The Succession Of The Crown. This declaration is parliament’s struggle to the government of Kings Wangsa Stuart that abused their authority in the age 17. This instrument legallized after Kings James II forced abdicated, William III and Marry II Crown, be glorius revolution 1688 (Scott Davidson, 1994 : 2).

The contains of this instrument was very important because it tried to change from monarchy-absolute government to legal constitution by parliament. Bill of Right stated that :

Prohibition of over money guarantees.
Prohibition of over fine.
Prohibition of cruel punishment.
The members of jury must be elected and reported legally.
All of giving and agreements dealing with fine and compensation toward certain person is not legal and invalid before punishment..

4. THE ACT OF SETTLEMENT, 1701.

Intrest in The Act of Settlement passed by the English Parliament in 1701 rests in its similarity to the American Bill of Right. The act provided that if William III and Princess Anne, later Quen Anne, sould die without heirs, the throne of England should pass to Sophia, granddoughter of James I. there were also requirements that the King must join in communion with church of England and that he might not leave the country without parliamentary consent. Foreign-born kings were not to use English armies in defense of foreign soil without the parliament’s consent. It further provided that no pensioners or appointee of the king should sit in the house of commons.( Masyhur Effendi : 2005 :228)

5. DECLARATION OF INDEPENDENCE, 1776.

The Declaration of Independence contains spesific freedoms that must be protected, free from state’s affairs. This freedoms, like freedom of press, freedom of praying, and has principle that someone’s freedom could not be revoked except based on local ordinance, or local society consent. The draft of this declaration was influenced by Virginia Declaration on June 10, 1776 (Scott Davidson, 1994 : 5).

On June 10, 1776, a committee was appointed to prepare a Declaration of Independence; the committee consisted of Jefferson, John Adams, franklin, Sherman and R.R livingston. This committee brought in its draft on the 28^th of June and on the 22^nd of July a resolution declaring independence was adopted. On July 4^th, The Declaration of Independence was agreed to, signed by Hancock and sent to the legislatures of the states.( Masyhur Effendi : 2005 :228)

6. DECLARATION OF THE RIGHT OF MAN, 1789.

Declaration of The Right of Man as a result of French Revolution which influenced by United States’ Revolution, changed absolute government to democratic government as a purpose. Declaration of the Right of Man stated that the sovereignty of country had to be handled by society, so the government runned by society and the purpose for society as well. Every government program had to be according to society.

This declaration drafted by Seiyes and adopted by the French Constituent Assembly on August 26, 1789, the declaration is a fundamental document in French constitutional history. It was embodied in the French constitution of 1791 as a preambule.

The declaration based on the theory of JJ Rousseau and the American Declaration of Independence and asserted the equality of men and the sovereignty of the people with whom the law should rest. It also provided for responsibility of officials to the people and financial control. Its effect in nineteenth century was in calculable (Masyhur Effendi : 2005 : 230).

7. BILL OF RIGHT, 1791.

Bill of Right adopted by United States of America in 1791, this declaration contains guarantee of individual right. Individual right listed by several amendments of United States Constitution. The most populer amendment, first amendment, that protected freedom of religion , freedom of press, freedom of speech, right of social group. Fourth amendment was about individual protection of unreasonable frisk and arrest, fifeth amendment about the right of legal procedure, and the next constitution amendment expanded the Bill of Right, 13^th amendment, prohibited slavery (Scoot Davidson : 1994: 5).

8. THE EMANCIPATION PROCLAMATION, 1863

On July 13, 1862, President Abraham Lincoln mentioned his planed of issuing an edict freeing the slave to Gideon Welles, a number of the cabinet, and secretary of state William H Seward, but acquiesced to Seward’s suggestion to wait until after a union victory in the war going on between states. The antietam campaign presented just such an opportunity, and consequently on September 22, 1862, after reading a second draft of his edict, Lincoln issued a preliminary proclamation with stated that emancipation for the slaves would become effective on January 1, 1863. This was to be effective in tose states “in rebellion” which had not laid down their arms by that date.

On January 1, 1863, the President, by virtue of his power as commander in chief, declared free all those slaves who were held in territory which was in rebellion against the union. The Emancipation Proclamation was chiefly a document of policy which, it was hoped, would provide the beginning of the end to the South’s manpower reserve. It was also aimed at impressing the Europeans, especially the British, which to some extentit did. (Masyhur Effendi : 2005 : 229).

9. CIVIL RIGHT ACT, 1866.

Passed in 1886 over President Johnson’s veto, the Civil Right Act was an attempt to give Negroes such common freedoms as the right to sue, to give evidence and to hold real and personal property. The act was special important also because of the Dred Scott’s decision, which had decided that Negroes were not citizens.

The first act, which passed over Johnson’s veto because He felt it was premature and perhaps unconstitutional, was re-enacted in 1870 only after the passage of the fourteenth amendment.

The third Civil Right Act attempted to still further guarantee the social right which had remained with held from the Negro. It penalized proprietors of public establishments, railroads and other transportation owners for discriminating against the Negro in accomodations. Unfortunately, this act was largerly voided by the Supreme Court decision in 1883 in civil right cases on the ground that these were not civil or property right and so not the concern of federal legislation. Consequently, the civil right issue was left open and most states subsequently passed legislation pertaining to civil right law. (Masyhur Effendi : 2005 : 229)

The all listed documents above is previous document or the history of human right as a starting point of making Universal Declaration of Human Right. At the end, Universal Declaration of Human Right declared in 1948 by United Nations, then this declaration has two added protocol, International Covenant on Civil And Political Right and International Covenant on Economic, Social, and Cultural Rights. Both protocols entried into force on the 3^rd of January 1976.

Achmad Romsan classified asylum in :

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Achmad Romsan classified asylum in :

Temporaly asylum, Asylum that given in temporaly until the authority in country of origin ask asylum donor country to submit asylum applicant. Delivering from protecting state to their country of origin usually must have requirements, as example the country of origin will treat the people according to state legal norm that in force. The conclusion, in temporaly asylum asylee (person who got asylum) could be submitted to their country of origin.
Definitive asylum, Asylum given to applicants in out of their country jurisdiction by other state. Asylum could be given in embassy of asylum donor state, because the embassy office has immunity from jurisdiction of the country where embassy office in.

Asylum principle
In international practices dealing with appliying and giving asylum, there are general principles, such as :

asylum could not be claimed as a person right
someone right is only restricted in asylum applicant, if getting asylum people can enjoy it.
giving or rejecting asylum applicant is state right based on its soverignty
giving asylum as a peace and humanitarian action. Dealing with giving asylum is not kind of unfrienship policy toward the country of origin of asylee.
as a humanitarian institution, reciprocity principle could not be forced
asylum contains :a. non expolsion;b. non refoulement, rejection at the frontiers;c. non extraditionif state got difficulty in giving permanent asylum or long time period, at least t
the state has to give protection to people until they get asylum in other countryasylum could not be given to unpolitical crime and other crime that contrary United Nation principles :a. ordinary crimes; b. crime against peace, war crimes, crime humanity, that instructed in international law instruments
asylee must be obbeyed to national law instrument of asylum donor state
asylee could not have activity that contrary their national interest, it can came up tension between their country of origin and asylum donor state.

Kinds of asylum

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1. Territorial asylum
Territorial asylum is asylum that given in the place belongs to jurisdiction of asylum donor country. Territorial asylum can be given not only on shore but also on water if asylum seekers come into by ship, and live on its during asylum seeking proces, or until go to other country (starke, 2007 :476).
In dealing with giving territorial asylum can be clasified in :
a. Political asylum
Because of oppression to people by authority caused political distinction
b. Refugee asylum
Given by reasons for fear of persecution in country of origin
c. General asylum
Given to escapees from their country of origin to get econimic development but their status are not immigrant

2. Diplomatic asylum
Asylum that given at the place which belongs to asylum donor country or legal necessary but the location is in other state. In general this place admitted as invioble place or having immunity from jurisdiction the state where place in.
Place where diplomatic asylum could be given :
a. embassy and consuler. It is a temporaly step to physical threatened people in their life because of extrim political alteration. The reason of giving this asylum suppose this problem of threatened people cauld be solved in temporaly time.
b. The office house of the head of diplomatic mission on consuler
c. International organisation buildings
d. War ship
So, the conclusion state that diplomatic asylum is a protection given to asylum applicant that place in formal state place by other state. This place is immune towards jurisdiction of local country

ASYLUM

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The meanings of asylum based on black law dictioinary is protection of usually political refugee from arrest by a foreign jurisdiction; A nation or embassy that afford such protection. There are also several asylum meanings by experts :
a. Kwan sik explained asylum as protection given to person by another foreign jurisdiction.
b. Oppenheim lauterpact that quoted by Soeryono Soekanto stated that asylum dealing with a country’s authority has soverignty in its territory for arrival entry the country, live in and get protection
c. Indonesian law expert (F Sugeng Istanto) gave meaning asylum as an individual protection by foreign country in country of origin of person, eg. In embassy office or in foreign ship, by this protection person can’t be punished.
Based on several meanings of asylum we can conclude that asylum is an protection given to asylum seeker by foreign country in out of country of origin (asylum seeker). This protection is usually given to political refugee or political crime.

The History of Asylum
In Islam
In Islam the right to asylum is explained in holy qur’an explicity on Ibrahim : 35, the prophet Ibrahim requested to the God (Allah) that the mosque which built by him and his son (Ismail) could be a safe place (asylum). The mosque that now known as Masjidil Haram (principal mosque in mecca) as safe place for people who needed protection. In Islam mosque is holy place and Baitullah (the house of Allah), so there are no violences there in.
Islam has learned moslems to get new-safe place or move to another country if they got persecution in their life (Holly qur’an an Nisa’ : 97). Islam learn moslems not to make friends toward people who fight against us because of religion, chase away and people who assist expulsion.
So in conclusion, Islam admit the right to asylum in another place, make us protec persons until they find safe place.

In christian
Human right appears at the same time of people, since people existed problem also existed. In old testament tells about firstly human right violation when Cain killed his brother (Abel) because of jealousy, then The God cursed Cain. In old testament era, there was a tradition toward the killer that called “eye for an eye” or “blood responded blood, but if the doer escaped to safe region and then local society gave protection to person so that person would be safe from killing accusation.
Then the practises of protection developed when church could give asylum toward people who needed. Then Principle of church giving asylum supported by council of sardis principle in 347, and supported again by Theodosius rule principle in the age 4, and justinian rule in age 6 until the code of canon law in 1983

Asylum in general
Asylum was from ancient international custom from america. The word “asylum” was a word derived from Greek “asylon” the meaning is an unviolated place and someone can be safe in that place. In ancient Greek society had known about institution called asylia. In this period, in trading practice, to get protection, the country of origin of trader had to make an agreement to visited country. The agreement goals was to give protection to trader each other. Then asylia had “asphalia” as a complementery asylia institution, it was found for protecting things belonged to someone.
At first, asylum was given to general esacpee dealing with their activity or crime. So the suspect of general crime could get asylum in out of their country, and couldn’t be extradited. In the age of 17, many law experts decided between political crime and general crime. They stated that asylum only given to people who suspect in political and religius crime in their country. Since the midle age of 19 most of extradition agreementws admitted non extradition principle toward peopole who act political crime, except by chief of state.
The last progress the right to asylum is ruled on United Nation Declaration of Human Right 1948, Vienna Convention 1961 dealing diplomatic relations and United Nations Charter dealing with territorial asylum and diplomatic asylum.