Political asylum is a juridical concept under which a person persecuted by their own government or rulers may be protected by another sovereign authority, state, or country. It derives from the Ancient Greek ásylon (ἄσυλον), meaning "sanctuary."
Definition and Legal Basis
Political asylum is the protection granted by a state to a foreign national who has fled their country of origin due to a well-founded fear of persecution. The right of asylum is enshrined in Article 14 of the Universal Declaration of Human Rights (1948):
- Everyone has the right to seek and to enjoy in other countries asylum from persecution.
- This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
The legal framework is further developed by the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which define a refugee as a person who, "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion," is outside their country of nationality and unable or unwilling to return.
Key Principles
- Non-refoulement: The principle that a state must not return (refoul) an asylum seeker to a country where their life or freedom would be threatened. This is widely considered customary international law.
- Asylum is not an automatic right: No state is legally obligated to grant asylum; it is a sovereign act of the granting state.
- Temporary vs. permanent: Asylum may be temporary or permanent, depending on the circumstances and the laws of the host country.
Historical Origins
The concept of sanctuary is ancient. The Egyptians, Greeks, and Hebrews recognized a religious right of asylum, protecting individuals from severe punishment. This was adopted by the Christian church in medieval Europe, where churches and monasteries offered sanctuary. In England, sanctuary laws date to King Æthelberht of Kent (c. 600 CE). The medieval system was gradually restricted and eventually abolished by King James I in 1623.
Modern Practice
Today, political asylum is governed by national laws that implement international treaties. Major asylum-receiving countries include the United States, Canada, Germany, France, the United Kingdom, and others within the European Union. The process typically involves an asylum seeker applying for refugee status, undergoing a credibility assessment, and, if successful, being granted protection from deportation and the right to reside in the host country.
Note: "Political Asylum" is also the name of a Scottish anarcho-punk band formed in Stirling in 1982 and active until 1993. The band was known for its radical political lyrics and DIY ethos, releasing albums such as Fresh Hate (1983), Someday (1987), and Window on the World (1990). Co-founder Ramsey Kanaan later founded AK Press and PM Press, influential radical publishing houses.
