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.
... with the Malaysian Government where 800 asylum seekers who arrive in Australia will be sent ... people to ‘seek asylum’ in Australia as well as thousands of people who wish to seek asylum in Australia ... asylum seekers. Evidently: August 29th 2001: Border Protection Bill is introduced. This gives the Government ... the opposition to asylum seeker increased with it. Press references stated it to be an ...
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 was basically the implementation of its state sovereignty as mentioned above. Therefore, it is not necessary for Indonesia to consider this asylum protection as unfriendly act as this asylum is eligible under customary International law.
In 1967, United Nation had successfully confirmed principles recommendation for all countries pertaining to response of asylum request. Where basically, the request should not be rejected or they should not forcefully bring them out. Except, when there are massive numbers of people request for asylum protection, the state possess right to reject the request if it threatens national security cause. Beside that if asylum might potentially cause lost to the state or cause serious damage, therefore the state is not obliged to accept the request but still has to consider the right procedure according to International law (trough UN or certain states representative) in order to maintain peace between states. In International law, asylum can be given in emergency circumstances in certain amount of time to individual who has been injured physically, or chased for political reason. Every state should respect the asylum protection given as the exercise of sovereignty inside state jurisdiction.
Although, the Australian government act was justifiable in International law perspective as the implementation of its sovereignty, political aspect is still very important consideration in international relation among states. State relation in geographic proximity such Indonesia and Australia should uphold mutual respect, peaceful coexistence and non-interference in the internal affair of states. Before the territorial asylum is given, Australia should ensure the status whether these 42 people are immigrants, political activist or are they really tortured or are they chased from their origin state because their political activity. This status should be made clear and transparency between these neighbor countries is necessary. Without those factors, the asylum will bring bad political message come to the surface and surely affect the diplomatic relation between both states.
The question of the role of individuals in international law is closely bound up with the rise in the international protection of human rights. This theory maintains that individuals constitute only the subject-matter of intended legal regulation. Only states, and possibly international organizations, are subjects of the law. This has been a theory of limited value. The essence of international ...