Where Does Asylum Come From?

The concept of asylum has been a part of human history for centuries, with different forms and interpretations depending on the time and place. Its foundation lies in the idea of providing sanctuary for those who are at risk of persecution, violence, or other forms of harm in their home country. This article will explore the origins of asylum, its evolution through history, and the current state of asylum policies and practices around the world.

Early Origins

The concept of asylum can be traced back to ancient Greece and Rome, where individuals seeking refuge from persecution or punishment could seek protection in temples or other holy sites. These places were considered sacred and inviolable, and anyone seeking refuge there was given temporary protection, until the situation was resolved or a trial could be conducted.

In medieval Europe, the idea of sanctuary was expanded to include churches, monasteries, and even entire cities. The right of asylum was seen as a natural principle of justice, based on the belief that everyone, even criminals, had the right to a fair trial before being punished. These sanctuaries were often governed by their own laws and customs, and were protected by the church or other religious authorities.

Asylum in the Modern Era

The idea of asylum took on a more formalized and legalistic form in the modern era, with the emergence of nation-states and the development of international laws and treaties. The first formal asylum agreement was the Protocol of Paris in 1815, which established the principle that a refugee should not be returned to a country where they would face persecution or harm.

The 20th century saw a significant increase in the number of refugees and displaced persons, due to conflicts, wars, and other humanitarian crises. The League of Nations established the Nansen passport, which allowed stateless persons to travel and seek asylum in other countries. The United Nations High Commissioner for Refugees (UNHCR) was created in 1950, with the mandate to protect refugees and assist in their resettlement and integration.

The Refugee Convention of 1951

The most significant legal framework for asylum is the 1951 United Nations Refugee Convention, which defines the rights and obligations of refugees and the responsibilities of states towards them. The Convention defines a refugee as someone who has a well-founded fear of persecution on the basis of their race, religion, nationality, or political opinion, and is unable or unwilling to return to their home country.

The Convention establishes the principle of non-refoulement, which prohibits states from returning refugees to a country where they would face persecution or harm. It also outlines the duties of states in providing protection and assistance to refugees, including access to education, healthcare, and employment.

The Convention has been ratified by 145 countries, including the United States, but has faced challenges in implementation and interpretation. One of the main issues is the definition of a refugee, as many people fleeing violence or conflict do not fit into the narrow categories established by the Convention.

Asylum in the United States

The United States has a long history of providing asylum and refuge to those in need, dating back to the colonial period. The country has played a leading role in the development of international refugee and asylum policies, including the Refugee Act of 1980, which established a formal process for granting asylum and refugee status.

Asylum seekers in the United States must meet the definition of a refugee under the 1951 Convention, and must demonstrate a well-founded fear of persecution on the basis of their race, religion, nationality, political opinion, or membership in a particular social group. They must also apply for asylum within one year of their arrival in the United States, unless they can demonstrate exceptional circumstances or changed circumstances in their home country.

The asylum process in the United States can be lengthy and complex, involving multiple agencies and appeals. The initial application is reviewed by an asylum officer, who determines whether the applicant meets the criteria for asylum. If the application is denied, the applicant can request a hearing before an immigration judge, who can grant or deny asylum.

Asylum policies in the United States have been the subject of much controversy and debate in recent years, particularly under the Trump administration. The administration attempted to restrict asylum eligibility and processing, and implemented a policy of separating families at the border, which was widely criticized as inhumane and contrary to international laws and norms.

Asylum Around the World

Asylum policies and practices vary widely across the world, reflecting different historical, cultural, and political contexts. Some countries, such as Germany, have taken a more open and generous approach to refugees and asylum seekers, while others, such as Hungary and Australia, have implemented restrictive and punitive policies.

The European Union has established a common asylum system, which aims to provide a fair and efficient process for all asylum seekers across member states. However, the system has faced significant challenges, particularly in dealing with the large numbers of refugees and migrants arriving in Europe since 2015.

The current global pandemic has also had a significant impact on asylum policies and practices, with many countries imposing travel restrictions and border closures that make it difficult for asylum seekers to access protection. The pandemic has also highlighted the vulnerable situation of refugees and displaced persons, who are often living in overcrowded and unsanitary conditions with limited access to healthcare and basic services.

Conclusion

Asylum is a vital and complex concept that has evolved over time in response to changing social, political, and economic conditions. Its underlying principles of protection and justice remain as important today as ever, as millions of people around the world continue to flee persecution, violence, and discrimination.

While global asylum policies and practices are far from perfect, they represent an important step towards providing safety and dignity for those in need. It is up to all of us to continue advocating for the rights and well-being of refugees and asylum seekers, and to work towards a more just and equitable world for all.

Advance parole: The political asylum application process works on the basis of offering a kind of limited immunity to those who stay within the bounds of the country, so should someone desire to travel abroad during the act of applying, he or she must file for advance parole and be approved to secure a Refugee Travel Document. Otherwise, the applicant can be presumed to forfeit their application.