By Dr. Stephen Schwalbe
Program Director, Political Science at American Public University
Recently, Edward Snowden was granted temporary asylum in Russia. Snowden is wanted by U.S. authorities for revealing Department of Defense classified intelligence about surveillance programs run by the National Security Agency. The Russian Federation’s Law on Refugees defines who is eligible to obtain asylum in the country. The Law defines a refugee as a “person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and, is unwilling to return to their home country for fear of persecution.”
Upon receiving an asylum seeker’s application, the Russian Federal Migration Service (FMS) determines whether the asylum seeker meets the legislative definition of a refugee and should be granted asylum. The Russian authorities tend to deny refugee status to asylum seekers – with the approval rate for refugee status at less than 5 percent of applicants. (Afghans make up the majority of those that actually gain refugee status.)
According to Article 4.1(3) of the Law on Refugees, an asylum seeker who enters the Russian Federation illegally must file an application with the regional Ministry of Interior (MOI) within 24 hours.
According to Article 4.6, once an application is received, the Russian authorities should issue a certificate to asylum seekers. The FMS will then conduct a Refugee Status Determination (RSD), a process that could take up to one year.
According to Article 7.9, refugee status can be granted for up to three years, after which it must be extended on an annual basis. Once declared a refugee by the Russian authorities, the refugee can then apply for Russian citizenship.
According to Article 12.2(2), the FMS is allowed to grant temporary asylum to those individuals who cannot be deported for humanitarian reasons. This is the status Snowden appears to have at this time.
Article 5 describes the circumstances in which a claim shall not be considered on its merits. The circumstance that applies to Snowden would be the case of asylum seekers who did not flee persecution and who are unwilling to return owing to fear of punishment for their illegal departure or for another offence committed in their home country. Clearly, Russia should not have granted Snowden temporary asylum on this basis alone.
So, why did Putin authorize Snowden to stay in Russia despite immense U.S. political and media pressure and in violation of Russia’s Article 5 of the Law of Refugees? There may be many significant reasons for this move. The merits of the specific situation are likely less important than the big picture of U.S.-Russia relations.
What are current issues that Putin is having with President Obama and the United States?
– The missile defense shield proposed by former President Bush is still viable as it was never canceled outright. Russia perceives this proposed shield to be installed in Eastern Europe as a mechanism to shoot down its ballistic missiles and not just missiles originating from the Middle East.
– Human rights charges against Russia have been a constant irritant since the 19th century. Russia now has begun a campaign against transsexuals, gay men, and lesbians. This campaign has involved American entertainers, such as Madonna and Lady Gaga, who advocate for such rights during their concerts in Russia.
– Putin is still fuming over the significant street protests to his recent re-election as president. He strongly believes these protests were funded and supported by the U.S. As such, the U.S. AID program was asked to leave Russia for the first time ever.
– Finally, there is the issue of the on-going civil war in Syria. Russia strongly supports President Assad and his regime as it is a major buyer of Russian military weapon systems and it allows the Russian Navy to operate out of its major Mediterranean seaport of Tartus. With the U.S. supporting the rebels against the Assad regime, it pits the U.S. against Russia in a proxy war, just like during the Cold War.
While all of these international issues certainly would justify ignoring disapproval from the U.S. by offering Snowden asylum, there may also be personal reasons as well. Putin is a former Cold War warrior of the KGB. He wants to portray himself as a strong presence to his people. This image as the leader of Russia plays well to the population, who continually give Putin high ratings in nationwide opinion polls. This is in stark contrast to Obama who views himself as an intellectual who likes to play basketball. We have not seen this much of a clash in personalities since President John Kennedy and Nikita Khrushchev in the early 1960s.
So, what can the U.S. do to get Snowden back from Russia? Not much unless we change many of our foreign policies affecting Russia – which is not likely to happen any time soon.
About the Author:
Dr. Schwalbe, Program Director of Political Science at American Public University, retired from the Air Force in 2007 as a colonel after 30 years of active duty service. He has a Bachelor of Science degree from the Air Force Academy; a Master’s degree in Public Administration from Golden Gate University; a Master’s degree from the Naval Postgraduate School; a Master’s degree from the Naval War College; and, a PhD from Auburn University in Public Policy.
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