Meaning of Aliens Under International Law
In international law, an alien is a person who lives in or visits a country in which he or she is not a citizen.
For example, an Indian citizen living in the United States is an alien in the United States, just as a Sri Lankan citizen living in India is an alien in India.
An alien is also called a foreigner. The term does not include a person who has become a citizen of the country where he or she lives.
Legal Status of Aliens
Every country has the right to decide who may enter, stay or leave its land. So, aliens must follow the laws of the country in which they live.
However, a country cannot treat aliens unfairly or illegally. Their basic human rights must be protected under both national and international law.
Rights of Aliens Under International Law
Aliens enjoy several rights under International Law. These include:
- Right to Life: They have the right to life and personal safety.
- Right to Equality: They must not face unlawful discrimination.
- Right to Property: They may own and use property, subject to the laws of the country.
- Right to Justice: They can go to court and get a fair hearing.
- Right to Personal Liberty: They cannot be arrested or kept in custody without a lawful reason.
- Right to Religion: They are free to follow and practise their religion.
- Right to Employment: They may work according to the immigration and labour laws of the host country.
- Right to Consular Assistance: They may seek help from the embassy or consulate of their own country.
- Right to Protection: They must be protected against violence, torture and unlawful treatment.
Duties of Aliens in a Foreign Country
Aliens also have certain duties towards the country in which they live:
- They must obey the laws of the host country.
- They must respect its constitution and legal system.
- They must pay taxes according to law.
- They must follow immigration rules and visa conditions.
- They must not take part in activities that harm the security of the country.
- They must respect the rights and freedoms of other people.
Admission and Entry of Aliens
Every state has the sovereign right to control the entry of foreigners into its territory.
It may grant or refuse visas and set conditions for entry.
It may decide how long an alien may stay and what activities are allowed.
These powers must still be used in line with international law and human rights rules.
Expulsion or Deportation of Aliens
Expulsion means sending an alien out of a country by a legal order.
A state may expel an alien for breaking immigration laws, threatening national security, or committing serious crimes.
Expulsion must follow the procedure fixed by law.
An alien who is lawfully staying in a country must usually be given a chance to explain why he or she should not be expelled.
Collective or mass expulsion without looking at each case separately is not allowed under international safeguards.
A person must not be sent to a country where there is a real risk of torture or other serious harm. This is called the principle of non-refoulement.
Diplomatic Protection of Aliens
If an alien suffers serious injury or unfair treatment in a foreign country, his or her home country may take up the matter with that country. This is called diplomatic protection.
The home country generally has the right, but not a duty, to provide such protection. The rules of international law must be followed.
Limitations on the Rights of Aliens
Aliens do not enjoy all the rights that citizens have. For example:
- They generally cannot vote in national elections.
- They may not hold certain public offices.
- They may face limits on some types of employment.
- Their freedom of movement may be restricted according to law.
- They must follow the conditions of their visa or residence permit.
Protection of Aliens Under International Law
These international instruments help protect aliens:
- Universal Declaration of Human Rights, 1948 (UDHR): Recognises basic human rights for all persons.
- International Covenant on Civil and Political Rights, 1966 (ICCPR): Protects the fundamental rights of aliens.
- International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR): Protects important economic, social and cultural rights.
- Vienna Convention on Consular Relations, 1963: Provides for consular help and contact with foreign nationals.
- UN Declaration on the Human Rights of Individuals Who Are Not Nationals of the Country in Which They Live, 1985: Deals specifically with the rights of aliens.
Conclusion: Rights and Duties of Aliens Under International Law
Aliens are persons who live in a country without having its nationality. Every state has the right to control their entry, stay and expulsion. At the same time, aliens must be treated fairly, and their basic human rights must be protected.
International Law tries to keep a balance between the power of States and the dignity, liberty and security of foreign nationals.
In short: Aliens must obey the laws of the host country, while the host country must respect their basic human rights under international law.
