Sri Lanka Sovereignty Forum

Political Asylum Must Not Become a Shield Against Accountability

We respectfully call upon foreign governments, the European Union, and the United Nations to apply the highest level of scrutiny when considering asylum or protection requests from former public officials, law-enforcement officers, prosecutors, or politically involved persons.

This appeal is made under the 1951 Refugee Convention and its 1967 Protocol, which allow protection from persecution while providing exclusion where there are reasons to consider involvement in serious politically-motivated crimes, abuse of office, or acts contrary to UN principles.

Political asylum is a vital safeguard for genuine victims of persecution, but it must not undermine accountability for actions taken while in public office. 

International refugee law also includes exclusion clauses requiring careful assessment of credible allegations of serious misconduct through due process and relevant judicial or investigative mechanisms.

A key concern is that some individuals who hold or have held significant public authority may abuse their positions and then seek to use international asylum mechanisms to avoid domestic judicial accountability for their actions. 

This creates a structural gap between international asylum systems and domestic judicial accountability frameworks.

We therefore urge decision-makers to assess:

•       Level of public authority or influence exercised

•       Allegations of abuse of office or misuse of state power

•       Existence of credible judicial or investigative proceedings

•       Whether asylum claims are linked to avoidance of accountability

•       Findings of courts, commissions, or parliamentary bodies

This appeal does not oppose the right to seek asylum or to prejudge individual cases. It calls for enhanced due diligence in cases involving senior public officials whose conduct is under serious scrutiny and even recommended for penal code actions.

International protection systems must not operate as de facto immunity from accountability, and must ensure that protection is not extended to those seeking to evade lawful processes.

The credibility of international protection depends on careful and principled application — ensuring protection for those in genuine need while preventing misuse that may undermine the rule of law or turn foreign jurisdictions into safe havens for those attempting to avoid accountability.

Justice must protect the innocent — not shield impunity.