Political asylum: what is it, what are the types and how to apply?

Political asylum is a highly relevant topic on the international stage, especially in times of political instability, persecution, and human rights violations in several countries. Many people find themselves forced to leave their home countries in search of protection and safety in other nations. But do you know exactly what political asylum is, who is entitled to it, and how the application process works? Furthermore, what is the difference between a refugee, an immigrant, and an asylum seeker? Do you know?

In this article, I explain all the details about this important institution of International Law and hope to answer your questions, especially if you are considering leaving your home country. Stay tuned!

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What is political asylum?

Political asylum is a form of protection granted by a state to foreigners persecuted in their country of origin for political, ideological, religious, ethnic, or human rights-related reasons.

In other words, it is a humanitarian measure that allows the applicant the possibility of remaining in another country with legal protection, preventing extradition or deportation.

Most people at risk are seeking a new home in another country and need to be assured that they will be welcomed and protected.

What is the concept of political asylum?

According to international law, the concept of political asylum refers to the act by which a state offers protection to a foreigner persecuted for political or ideological reasons. Or for engaging in activities that contradict the authorities of their country of origin.

This protection can be granted within the state’s territory (territorial asylum) or at its diplomatic missions, such as embassies and consulates (diplomatic asylum).

Asylum is based on international treaties, such as the Universal Declaration of Human Rights (Art. 14) and the 1954 Caracas Convention for the American countries.

What is the difference between a refugee, an immigrant, and an asylum seeker?

It’s common to confuse the concepts of refugee, immigrant, and asylum seeker, but each status has specific characteristics and legal implications. Understand the differences and which category you might fall into:

• Refugee: A person who flees their country of origin due to political, religious, or ethnic persecution, or widespread armed conflict, and seeks protection in another country;
• Immigrant: A person who moves to another country voluntarily, usually for economic, family, or educational reasons, without necessarily experiencing persecution;
• Political asylum seeker: A foreigner who seeks protection from another country due to direct political persecution, and is formally granted asylum.

Although similar, these situations have different procedures, rights, and legal restrictions.

What are the types of asylum?

According to international law, two main types of asylum are recognized:

• Territorial asylum: Granted when the individual is already within the territory of the country offering protection. In this case, the person can legally remain in the country of asylum, that is, the one that received them;
• Diplomatic asylum: Granted when the person seeks refuge in a foreign embassy or consulate, located in their country of origin, while awaiting negotiations for their departure and transfer to the host country.

Some countries only grant territorial asylum, while others, such as Brazil and Latin American nations, also recognize diplomatic asylum, as provided for in the 1954 Caracas Convention.

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Who is entitled to political asylum?

In general, those entitled to political asylum are anyone who is persecuted for:

• Political or ideological views;
• Activities opposing authoritarian regimes;
• Defense of human rights and civil liberties;
• Religious beliefs or ethnic origin, when associated with political persecution.

Granting asylum depends on a careful analysis of the allegations presented by the applicant and proof of imminent risk to their physical integrity, freedom, or life in the country of origin.

How does political asylum work?

Political asylum functions as legal protection offered by a sovereign state, which undertakes not to extradite or deport the asylum seeker back to the country where they are facing persecution.

Once the asylum application is accepted:

• The asylum seeker gains the right to reside in the country;
• Can obtain an identity document and, in some cases, authorization to work;
• Receives protection against political persecution and the risk of extradition.

The procedure for granting asylum varies according to each country’s legislation, but generally involves submitting a formal application, reviewing documentation, and an interview with immigration authorities.

Political asylum: how to apply?

The political asylum application process can generally be requested in two ways:

• Within the foreign country: the applicant must contact immigration authorities and formalize the request, presenting documents and stating the reasons for the persecution;
• At a foreign embassy or consulate in the country of origin: when it is not possible to leave the country, the individual can seek diplomatic protection.

In Brazil, the request must be made to the Federal Police or the Brazilian embassy abroad, submitting:

• Identity document;
• Written statement of the reasons for persecution;
• Proof of threat to integrity or freedom;
• Declaration of impossibility of returning to the country of origin.

The process is confidential and reviewed by the Ministry of Justice and Public Security, which decides whether to grant the request.

Key Examples of Political Asylum

Dalai Lama

Tibet’s spiritual leader, the Dalai Lama, sought political asylum in India in 1959 after a failed uprising against the Chinese government. Since then, he has lived in exile in India, continuing his peaceful struggle for Tibetan autonomy.

Julian Assange

WikiLeaks founder Julian Assange faced accusations of espionage and sexual abuse, as well as persecution for leaking classified US documents. In 2012, Assange was granted asylum in the Ecuadorian embassy in London, where he remained for seven years.

Edward Snowden

Former NSA analyst Edward Snowden exposed the US global surveillance system and sought political asylum to avoid extradition. Initially sheltered in Russia, Snowden remains in the country under humanitarian protection.

Political Asylum Case in Brazil

Cesare Battisti:

The case of Cesare Battisti, a former member of an Italian armed group, became notorious in Brazil. Convicted in Italy of political homicides, Battisti was granted political asylum in Brazil in 2009, citing political persecution. Years later, his status was revoked, and he was extradited in 2019.

Conclusion

Political asylum is a fundamental tool for international protection against persecution and authoritarian regimes. Despite its political and diplomatic implications, it represents the defense of human rights and individual freedom.

Understanding the concept, types, and rules for granting it is essential for those involved in migration issues or seeking protection outside their country. Now you know the difference between a refugee, an immigrant, and an asylum seeker and can make informed decisions if necessary.

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