Edward Snowden : A refugee or fugitive?

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Last week a former CIA technical worker, Edward Snowden, leaked one of the most kept secrets of the United States of America called the Prism Program. This Prism Program was used covertly to collect information about internet activities and telephone conversations of people around the world. People both in the US and abroad were alarmed and furious over this revelation and had demanded for explanations from the US government. The United States try to limit the potential damage that this revelation could cause by cancelling the passport of the whistleblower and trying to get him into custody as quickly as possible. Fearing for his arrest Edward Snowden decided to ask Ecuador for political asylum. The question now is whether he is a refugee that needs protection or fugitive trying to evade prosecution and punishment for crimes?

For Snowden to be considered a refugee he must satisfy the condition required by the 1951 Refugee Convention. The Refugee Convention of 1951 stipulates that a person is a refugee if "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country or return there because there is a fear of persecution..." This shows that there are five grounds -race, religion, nationality, membership of a particular social group or political opinion - under which a person can qualify for refugee status. Out of these grounds Snowden can only qualify as a refugee on the basis of his political opinion.

However, accepting that Snowden is a refugee as a consequence of leaking the official secret of his country has a serious implication in the relationship between states and their citizens. In every country there are certain acts which are considered as official secrets. The law prohibits citizens from revealing such secrets and stipulates sanctions for any person that violates this law. Snowden has leaked the official secret of his country and by implication has violated his country’s law. Therefore, he should be prosecuted for committing this crime against his state.

It is apparent from these that states will be divided over the status to be accorded to Snowden. On one hand, States that have good relationship with the United States are likely to regard Snowden a fugitive and hand him over to the United States for prosecution even though these states have doubt over the charges faced by the whistle-blower. On the other hand, those that are not in good terms with the US are likely to grant Snowden political asylum and shield him from prosecution in the United States. Already the president of Venezuela has indicated that Venezuela was ready to grant political asylum to Snowden should he request for it. Venezuela might be willing to do this to settle scores with the US rather than to do it on humanitarian grounds.

Regardless of whether he is considered a refugee or fugitive by any country Snowden has written his name on the list of famous whistle-blowers. He will always be remembered for this reason.

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