Asylum

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Asylum

Right to political asylum for the persecuted is a well meant humane gesture. African countries invoke the right of the state to refuse asylum (citation below), while Europe's [PC] countries tend to see accepting asylum seeking refugees as a holy immutable duty, no matter the cost or consequences: refugees come and cities 'musta yield and accomodate them.




Racists say: Why should an uneducated low IQ citizen of a high crime third world failed state have the right to go to a first world country and have all the rights to health services, schools, that generations of Europeans worked hard to build. With extra privileges that most local long term residents do not have: to get translators in school, affirmative action and black privilege to riot and disobey police.


Future topics:

asylum/limits

asylum/benefits

asylum/cost

asylum/crime

asylum/Australia



The above short abstract's summary statements are (hopefully) explained, elucidated, and proven in the detailed texts below.

Beware, this page is under construction!

Also see

  1. Wikipedia:Asylum shopping
  2. Wikipedia:Asylum in the European Union
  3. Wikipedia:Right of Asylum
  4. [http://www.aljazeera.com/indepth/opinion/2014/09/russian-roulette-eu-asylum-system-2014958236514921.html Russian roulette of the EU asylum system.

The likelihood of receiving asylum in the EU is a game of risk that migrants have to play.]

Right to political Asylum - Wikipedia

Article 14 of the Universal Declaration of Human Rights states that "Everyone has the right to seek and to enjoy in other countries asylum from persecution." The United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees guides national legislation concerning political asylum. Under these agreements, a refugee (or for cases where repressing base means has been applied directly or environmentally to the defoulé refugee) is a person who is outside their own country's territory (or place of habitual residence if stateless) owing to fear of persecution on protected grounds. Protected grounds include race, caste, nationality, religion, political opinions and membership and/or participation in any particular social group or social activities. Rendering true victims of persecution to their persecutor is a particularly odious violation of a principle called non-refoulement, part of the customary and trucial Law of Nations.

These are the accepted terms and criteria as principles and a fundamental part in the 1951 United Nations Convention Relating to the Status of Refugees non-refoulement order.[7]

Since the 1990s, victims of sexual persecution (which may include domestic violence, or systematic oppression of a gender or sexual minority) have come to be accepted in some countries as a legitimate category for asylum claims, when claimants can prove that the state is unable or unwilling to provide protection.

Right of asylum by country of refuge

Asylum in European Union Member States formed over a half-century by application of the Geneva Convention of 28 July 1951 on the Status of Refugees. Common policies appeared in the 1990s in connection with the Schengen Agreement (which suppressed internal borders) so that asylum seekers unsuccessful in one Member State would not reapply in another.


[www.bmi.bund.de/EN/Topics/Migration-Integration/Asylum-Refugee-Protection/Asylum-Refugee-Protection_Germany/asylum-refugee-policy-germany_node.html Asy­lum and refugee pol­i­cy in Ger­many]

Article 16a of the Basic Law grants victims of political persecution an individual right of asylum. The fundamental right of asylum thus has high priority and expresses Germany’s willingness to fulfil its historical and humanitarian obligation to admit refugees.

The admission procedure for asylum seekers is governed by the Asylum Procedure Act (AsylVfG). Asylum seekers whom border authorities permit to enter the Federal Republic of Germany or who are found in the country without a residence permit are transferred to the nearest reception centre of the relevant state.

Using the nation-wide system for initial distribution, they are assigned to reception centres of the individual German states according to a formula defined in the Asylum Procedure Act.


Asylum in the European Union


[1]

Ian Martin, the former Secretary General of Amnesty International, recently observed: "Government... are more often motivated by self-interest than by considerations of humanity, and this provides a further reason for those seeking to combat human rights violations to insist upon the right of asylum."2 To insist effectively upon the right of asylum, one must first ascertain its contours and understand the state of that right in international law today. </blockquote>

R politicians should be more concerned with the well being of their own citizens. Saving the entire world, hundreds and thousands of Million people who live in povery, persecution and war while importing crime, murder, rape,poverty, muslim sharia, low IQ is not humane towards the own citizens.

To this end, Part II of this Article discusses first the scope and legal stature of the three distinct "rights" falling under the umbrella of the "right of asylum": (i) the right of a state to grant asylum; (ii) the right of an individual to seek asylum; and (iii) the right of an individual to be granted asylum. Part II then focuses on the most uncertain of these rights, the right of an individual to be granted asylum, and considers whether such a right exists as a matter of customary international law. [1]

Diplomatic Asylum in Embassy

1. The present inquiry only deals with territorial asylum, asylum within the territory of a state, not with the related but separate topic of extraterritorial or diplomatic asylum, asylum in an embassy or a foreign mission of a state. For a thorough discussion of extraterritorialldiplomatic asylum, see S. PRAKASH SINHA, ASYLUM AND INTERNATIONAL LAW (1971) [1]

With very rare exceptions, embassies do not accept thousands of refugees to stay on their grounds, on humanitarian reasons. Even in countries where authorities would not object, Racists say. Maybe the elite does not want to be disturbed in the embassies, while the usually lower class neighbors of Asylum homes are less of their concern


State rights to refuse Asylum

Similarly, regional instruments do not provide for an individual's right to asylum.' African and American regional instruments address asylum, but do so with great respect for state sovereignty and thus without much direct benefit for the individual's right to asylum. The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa provides in Article II(1): "[member states] shall use their best endeavors consistent with their respective legislations to receive refugees.",6'

The American Declaration of the Rights and Duties of Man provides in Article 27: "Every person has the right, in case of pursuit not resulting from ordinary crimes, to seek and receive asylum in foreign territory, in accordance with the laws of each country and with international agreements."'62 Similarly, the American Convention on Human Rights provides at Article 22(7): "[e]very person has the right to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions."6' Each of these instruments leaves the right of asylum in the realm of state sovereignty. Equally silent with respect to the right to asylum is the European Convention on Human Rights.' It makes no reference to asylum. [1]

Asylum shopping

see Wikipedia:Asylum shopping


     Read more: Duke Journal of Comparative and International Law. [1]

Study Guide: The Rights of refugees

Prohibition on the forced return of a refugee is called nonrefoulement and is one of the most fundamental principles in international refugee law. This principle is laid out in Article 33 of the Convention Relating to the Status of Refugees, which says that no state "shall expel or return ('refouler' in French) 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."

Some countries detain asylum seekers upon arrival, during the asylum process or while waiting for deportation (refoulement). Asylum seekers may have already suffered imprisonment and Torture in the country from which they have fled. Therefore, The consequences of detention may be particularly serious, causing severe emotional and psychological stress. Article 31 of the Refugee Convention says that refugees should not be penalized for having entered a country illegally if they have come directly from a place where they were in danger and have made themselves known to the authorities. Therefore, asylum seekers should not be detained for being in possession of forged identity papers or for destroying identity or travel documents`

What about those that enter a European country by regular airlines, but destroy their travel documents in the very European Airport, after passing immigration with their papers. Thus they can not be sent back because they will not tell what their country is. It does not look like this destruction is a protected act.

Articles 12 - 30 of the Refugee Convention set out the rights which individuals are entitled to once they have been recognised as Convention refugees:

  • All refugees must be granted identity papers and travel documents that allow them to travel outside the country
  • Refugees must receive the same treatment as nationals of the receiving country with regard to the following rights:
    • Free exercise of religion and religious education

This is probably a reason why Saudi Arabia does not want to take in refugees. There is no free exercise of religion for Christians in Saudi Arabia.


    • Free access to the courts, including legal assistance


    • Access to elementary education

This is a serious problem when elementary schools and courts have to provide 20 different language translations. Many Mexicans and Guatemalans in the US, for example, don't speak Spanish but diverse native languages.

Though, this text does not demand the special right to be attended in a language foreign to the host country


    • Access to public relief and assistance
    • Protection provided by social security
    • Protection of intellectual property, such as inventions and trade names
    • Protection of literary, artistic and scientific work
    • Equal treatment by taxing authorities
  • Refugees must receive the most favourable treatment provided to nationals of a foreign country with regard to the following rights:
    • The right to belong to trade unions
    • The right to belong to other non-political nonprofit organizations
    • The right to engage in wage-earning employment
  • Refugees must receive the most favourable treatment possible, which must be at least as favourable to that accorded aliens generally in the same circumstances, with regard to the following rights:
    • The right to own property
    • The right to practice a profession
    • The right to self-employment
    • Access to housing
    • Access to higher education
    • Refugees must receive the same treatment as that accorded to aliens generally with regard to the following rights:
    • The right to choose their place of residence
    • The right to move freely within the country

**Free exercise of religion and religious education

    • Free access to the courts, including legal assistance
    • Access to elementary education
    • Access to public relief and assistance
    • Protection provided by social security
    • Protection of intellectual property,

such as inventions and trade names

    • Protection of literary, artistic and scientific work
    • Equal treatment by taxing authorities
== References, Footnotes ==
  1. 1.0 1.1 1.2 1.3 1.4 THE STATE OF THE RIGHT OF ASYLUM IN INTERNATIONAL LAW, ROMAN BOED