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Asylum Protection in Diplomatic and International Law Perspective

  • Date Submitted: 03/14/2010 10:28 AM
  • Flesch-Kincaid Score: 20.6 
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Protection that is given by a state to immigrating people who seek security from imminent threat by their origin country is potentially affect diplomatic relation between the states. This protection which is also known as asylum in international law derived as States right, even an obligation in certain cases. The right to give protection is part of State sovereignty that is acknowledged in International law.
Asylum protection contains both law and political aspects. 42 illegal immigrants from West Papua who was granted asylum protection from Australian government is a relevant case pertaining to this issue. From very beginning Indonesia had asked Australia to return the immigrants, but Australia denied the request and instead gave asylum protection to the immigrants to live in Australia. However, the decision was considered as unfriendly act from Indonesian government perspective.
The Asylum protection to the 42 Indonesian citizens from west Papua to live in Australia is basically categorized as “territorial asylum” which is granted by Australian government in its territory. Territorial asylum should be differed with diplomatic asylum that is given to people who seek protection trough diplomatic body . Asylum is defined as protection that a government gives to people who have left their own country, usually because of political threat, and permission to enter the state territory as confirmation to the asylum seeker request.
In International law, every people possess right to seek asylum and take it in another country as the asylum seeker request, this right is stipulated in Universal Declaration of Human Rights Article no 13 .   The right to seek asylum protection can’t be segregated with the authority of states to give the permission in order provide necessary protection to the asylum seeker. The endowment of asylum is recognized as something eligible in International law   and Australian act to give territorial asylum to 42 Indonesian citizens for 3 years...

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