Difference between revisions of "Exile" - New World Encyclopedia
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| − | '''Exile''' | + | '''Exile''' is a form of [[punishment]] in which one has to leave one's home (whether that be on the level of [[city]], region, or [[nation-state]]) while either being explicitly refused permission to return and/or being threatened by [[prison]] or [[death penalty|death]] upon return. It is common to distinguish between '''internal exile''', forced resettlement within the country of residence, and '''external exile''', [[deportation]] outside the country of residence. Exile can also be a self-imposed departure from one's homeland. Self-exile is often practiced as form of protest or to avoid persecution or prosecution for [[crime|criminal]] activity. |
| − | |||
| − | It is common to distinguish between '''internal exile''' | ||
| − | |||
| − | Exile can also be a self-imposed departure from one's homeland. Self-exile is often practiced as form of protest or to avoid persecution. | ||
== History == | == History == | ||
| − | Exile has a long tradition as a form of punishment. It has been known in [[ancient Rome]], where the | + | '''Exile''', also called '''banishment''', has a long tradition as a form of [[punishment]]. It has been known in [[ancient Rome]], where the Senate had the power to exile individuals, entire [[family|families]], or countries (which amounted to a declaration of [[war]]). |
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| − | + | The towns of [[ancient Greece]], also used exile both as a legal punishment and in [[Athens]] as a social punishment. In Athens during the time of [[democracy]], the process of "ostracism" was devised in which one man who was a threat to the stability of the society was banished from the city without prejudice for ten years, after which he was allowed to return. Among the more famous recipients of this punishment were [[Themistocles]], [[Cimon]], and [[Aristides the Just]]. Further, [[Solon]] the lawgiver voluntarily exiled himself from Athens after drafting the city's [[constitution]], to prevent being pressed to change it. | |
| − | + | In the [[Polish-Lithuanian Commonwealth]] a court of law could sentence a noble to exile (''banicja''). As long as the exile (''banita'') remained in the Commonwealth he had a price on his head and lost the priviliges and protection granted to him as a noble. Even killing a ''banita'' was not considered a crime, although there was no reward for his death. Special forms of exile were accompanied by ''wyświecenie'' (a declaration of the sentence in churches) or by issuance of a separate declaration to townfolk and [[peasant]]ry, all of them increased the knowledge of the exile and thus made his capture more likely. A more severe penalty than exile was "infamy" (''infamia''): a loss of honor and respect (''utrata czci i wiary'') in addition to exile. | |
| − | On October 23, 2006, for the first time in [[United States]] history, a judge in the United States imposed exile from | + | On October 23, 2006, for the first time in [[United States]] history, a judge in the United States imposed exile from on a US citizen for crimes committed in the US. The case concerned Malcolm Watson, a citizen of the United States and a permanent resident of [[Canada]] who resided in St. Catharines, Ontario, Canada, across the border from Buffalo, New York. Watson, a teacher at Buffalo Seminary and a cross-border commuter, pleaded guilty to misdemeanor [[sexual abuse|sex crimes]] against a 15-year-old former student. Watson received a sentence of three years of [[probation]], but wanted to serve this time in Canada where he, his wife, and their children lived. This was approved subject to the condition that Watson had to remain out of the US except for meetings with his probation officer, effectively exiling Watson for three years. Watson, however, was arrested upon his re-entry to Canada amid public outcry, and faced possible [[deportation]] to the U.S.<ref>[http://www.canada.com/topics/news/national/story.html?id=2aec04a3-2f0e-45e7-afa2-d7de284c61eb&k=24628 U.S. sex offender serving probation in Canada was not `exiled,' says N.Y. judge] Retrieved December 6, 2006</ref> |
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== Personal exile == | == Personal exile == | ||
| − | Exile | + | Exile has been used particularly for political opponents of those in power. The use of exile for political purposes serves the government by preventing their exiled opponent from organizing in their native land or from becoming a [[martyr]]. |
| − | Exile represented | + | Exile represented an especially severe punishment in times past, particularly for those, like [[Ovid]] or [[Du Fu]], who were exiled to strange or backward regions, cut off from all of the possibilities of their accustomed lifestyle as well as from their families and associates. [[Dante Alighieri|Dante]] described the pain of exile in ''[[The Divine Comedy]]'': |
:«. . . Tu lascerai ogne cosa diletta | :«. . . Tu lascerai ogne cosa diletta | ||
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:Paradiso XVII: 55-60<ref>[http://www.readeasily.com/dante-alighieri/index.php Dante Alighieri] Retrieved December 6, 2006</ref> | :Paradiso XVII: 55-60<ref>[http://www.readeasily.com/dante-alighieri/index.php Dante Alighieri] Retrieved December 6, 2006</ref> | ||
| − | Exile has been softened, to some extent, in the | + | Exile has been softened, to some extent, in the nineteenth and twentieth centuries, as exiles have been welcomed in other countries. There, they have been able to create new communities in those countries or, less frequently, returned to their homelands following the demise of the regime that exiled them. |
| − | [[Deportation]] serves as a modern exile. | + | [[Deportation]] serves as a modern form of exile. This involves either the expulsion of persons of foreign citizenship from a country (usually back to that person's country of origin) or forcible relocation within a nation. Deportation is imposed either as the result of a criminal activity, including illegal immigration, or based on the needs and policies of a government. |
| − | The [[British]] | + | The [[Great Britain|British]] and [[France|French]] governments often deported people to [[penal colony|penal colonies]], such as [[Australia]] or Georgia. These colonies were usually underdeveloped pieces of land owned by that government in which conditions were harsh enough to serve as punishment.<ref>[http://www.publicbookshelf.com/public_html/Our_Country_Vol_1/historyco_fj.html History of Colonial Georgia] Retrieved December 12, 2006</ref><ref>[http://www.cultureandrecreation.gov.au/articles/convicts/ Convicts and the British colonies in Australia] Retrieved December 12. 2006</ref> |
=== Famous people who have been in exile === | === Famous people who have been in exile === | ||
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== Government in exile == | == Government in exile == | ||
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| − | A | + | A "government in exile" is a political group that claims to be a country's legitimate government, but for various reasons is unable to exercise its legal power, and instead resides in a foreign country. Governments in exile usually operate under the assumption that they will one day return to their native country and regain power. |
| − | Governments in exile frequently | + | Governments in exile frequently come into existence during [[war]]time occupation. For example, during the German expansion of the [[Second World War]], numerous [[Europe]]an governments and [[monarch]]s were forced to seek refuge in the [[United Kingdom]], rather than face certain destruction at the hands of the [[Nazism|Nazis]]. As well as during a foreign occupation, after an internal [[coup d'etat]], a government in exile may be established abroad. |
===Actions of governments in exile=== | ===Actions of governments in exile=== | ||
| − | International law recognizes that governments in exile may undertake many types of actions in the conduct of their daily affairs. | + | [[International law]] recognizes that governments in exile may undertake many types of actions in the conduct of their daily affairs. These actions include: |
| − | * becoming a party to a bilateral or international treaty | + | * becoming a party to a bilateral or international [[treaty]] |
| − | * amending or revising its own constitution | + | * amending or revising its own [[constitution]] |
* maintaining military forces | * maintaining military forces | ||
* retaining (or "newly obtaining") diplomatic recognition by sovereign states | * retaining (or "newly obtaining") diplomatic recognition by sovereign states | ||
* issuing identity cards | * issuing identity cards | ||
| − | * allowing the formation of new political parties | + | * allowing the formation of new [[political party|political parties]] |
* instituting democratic reforms | * instituting democratic reforms | ||
| − | * holding | + | * holding [[election]]s |
| − | * allowing for direct (or more broadly-based) elections of its government officers | + | * allowing for direct (or more broadly-based) elections of its government officers |
However, none of these actions can serve to legitimatize a government in exile to become the internationally recognized legal government of its current locality. By definition, a government in exile is spoken of in terms of its native country, hence it must return to its native country and regain power there in order to obtain legitimacy as the legal government of that geographic area. | However, none of these actions can serve to legitimatize a government in exile to become the internationally recognized legal government of its current locality. By definition, a government in exile is spoken of in terms of its native country, hence it must return to its native country and regain power there in order to obtain legitimacy as the legal government of that geographic area. | ||
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{{main|Diaspora|Refugee}} | {{main|Diaspora|Refugee}} | ||
| − | When large groups, or occasionally a whole people or nation is exiled, it can be said that this nation is in "exile," or "Diaspora." Nations that have been in exile for substantial periods include the [[Judaism|Jew]]s, who were deported by [[Nebuchadnezzar II of Babylon]] in 597 B.C.E. and again in the years following the destruction of the second | + | When large groups, or occasionally a whole people or nation is exiled, it can be said that this nation is in "exile," or "Diaspora." Nations that have been in exile for substantial periods include the [[Judaism|Jew]]s, who were deported by [[Nebuchadnezzar II of Babylon]] in 597 B.C.E. and again in the years following the destruction of the second temple in [[Jerusalem]] in the year 70 C.E. |
After the partitions of [[Poland]] in the late eighteenth century, and following the uprisings (Kosciuszko Uprising, November Uprising, and January Uprising) against the partitioning powers ([[Russian Empire]], [[Prussia]] and [[Austro-Hungary]]), many Poles chose, or were forced, into exile, forming large diasporas (known as "Polonia"), especially in [[France]] and the [[United States]]. | After the partitions of [[Poland]] in the late eighteenth century, and following the uprisings (Kosciuszko Uprising, November Uprising, and January Uprising) against the partitioning powers ([[Russian Empire]], [[Prussia]] and [[Austro-Hungary]]), many Poles chose, or were forced, into exile, forming large diasporas (known as "Polonia"), especially in [[France]] and the [[United States]]. | ||
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== Tax exile == | == Tax exile == | ||
| − | A wealthy citizen who departs from a former abode for a lower tax jurisdiction in order to reduce his/her [[taxation|tax burden]] is termed a "tax exile." These are people who choose to leave their native country for a foreign nation or | + | A wealthy citizen who departs from a former abode for a lower tax [[jurisdiction]] in order to reduce his/her [[taxation|tax burden]] is termed a "tax exile." These are people who choose to leave their native country for a foreign nation or jurisdiction, where taxes on their personal income are appreciably lower or even nothing. Going into tax exile is a means of tax mitigation or avoidance. |
Under [[United Kingdom|U.K.]] law, a person is "tax resident" if they visit the country for 183 days or more in the tax year or for 91 days or more on average in any four consecutive tax years.<ref>[http://www.hmrc.gov.uk/pdfs/ir20.htm Taxable UK Residents] Retrieved December 6, 2006</ref> | Under [[United Kingdom|U.K.]] law, a person is "tax resident" if they visit the country for 183 days or more in the tax year or for 91 days or more on average in any four consecutive tax years.<ref>[http://www.hmrc.gov.uk/pdfs/ir20.htm Taxable UK Residents] Retrieved December 6, 2006</ref> | ||
===Tax Haven=== | ===Tax Haven=== | ||
| − | A '''tax haven''' is a place where certain [[tax]]es are levied at a low rate or not at all. This encourages wealthy individuals and/or | + | A '''tax haven''' is a place where certain [[tax]]es are levied at a low rate or not at all. This encourages wealthy individuals and/or [[business]]es to establish themselves in areas that would otherwise be overlooked. Different jurisdictions tend to be havens for different types of taxes, and for different categories of people and/or companies. |
| − | One way a person or company takes advantage of tax havens is by moving to, and becoming resident for tax purposes in, | + | One way a person or company takes advantage of tax havens is by moving to, and becoming resident for tax purposes in, a particular country. Another way for an individual or a company to take advantage of a tax haven is to establish a separate legal entity (an "offshore company," "offshore [[trust]]," or [[foundation (charity)|foundation]]), subsidiary or holding company there. Assets are transferred to the new company or trust so that gains may be realised, or income earned, within this legal entity rather than earned by the beneficial owner. |
| − | The [[United States]] is unlike most other countries in that its citizens are subject to | + | The [[United States]] is unlike most other countries in that its citizens are subject to U.S. [[income tax|tax]] on their worldwide income no matter where in the world they reside. U.S. citizens therefore cannot avoid U.S. taxes either by emigrating or by transferring assets abroad. |
==References== | ==References== | ||
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*[http://www.taxjustice.net/cms/front_content.php?idcat=2 Tax Justice Network] | *[http://www.taxjustice.net/cms/front_content.php?idcat=2 Tax Justice Network] | ||
*[http://www.heritage.org/Research/Taxes/BG1395.cfm An OECD Proposal To Eliminate Tax Competition Would Mean Higher Taxes and Less Privacy] - Heritage Foundation: Washington D.C. | *[http://www.heritage.org/Research/Taxes/BG1395.cfm An OECD Proposal To Eliminate Tax Competition Would Mean Higher Taxes and Less Privacy] - Heritage Foundation: Washington D.C. | ||
| − | |||
* [http://www.taiwankey.net/dc/rocexile.htm The Status of the Republic of China on Taiwan as a Government in Exile] | * [http://www.taiwankey.net/dc/rocexile.htm The Status of the Republic of China on Taiwan as a Government in Exile] | ||
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{{Credit4|Exile|86403880|Government_in_exile|92463147|Tax_exile|91619191|Tax_haven|94399467}} | {{Credit4|Exile|86403880|Government_in_exile|92463147|Tax_exile|91619191|Tax_haven|94399467}} | ||
Revision as of 20:44, 19 December 2006
Exile is a form of punishment in which one has to leave one's home (whether that be on the level of city, region, or nation-state) while either being explicitly refused permission to return and/or being threatened by prison or death upon return. It is common to distinguish between internal exile, forced resettlement within the country of residence, and external exile, deportation outside the country of residence. Exile can also be a self-imposed departure from one's homeland. Self-exile is often practiced as form of protest or to avoid persecution or prosecution for criminal activity.
History
Exile, also called banishment, has a long tradition as a form of punishment. It has been known in ancient Rome, where the Senate had the power to exile individuals, entire families, or countries (which amounted to a declaration of war).
The towns of ancient Greece, also used exile both as a legal punishment and in Athens as a social punishment. In Athens during the time of democracy, the process of "ostracism" was devised in which one man who was a threat to the stability of the society was banished from the city without prejudice for ten years, after which he was allowed to return. Among the more famous recipients of this punishment were Themistocles, Cimon, and Aristides the Just. Further, Solon the lawgiver voluntarily exiled himself from Athens after drafting the city's constitution, to prevent being pressed to change it.
In the Polish-Lithuanian Commonwealth a court of law could sentence a noble to exile (banicja). As long as the exile (banita) remained in the Commonwealth he had a price on his head and lost the priviliges and protection granted to him as a noble. Even killing a banita was not considered a crime, although there was no reward for his death. Special forms of exile were accompanied by wyświecenie (a declaration of the sentence in churches) or by issuance of a separate declaration to townfolk and peasantry, all of them increased the knowledge of the exile and thus made his capture more likely. A more severe penalty than exile was "infamy" (infamia): a loss of honor and respect (utrata czci i wiary) in addition to exile.
On October 23, 2006, for the first time in United States history, a judge in the United States imposed exile from on a US citizen for crimes committed in the US. The case concerned Malcolm Watson, a citizen of the United States and a permanent resident of Canada who resided in St. Catharines, Ontario, Canada, across the border from Buffalo, New York. Watson, a teacher at Buffalo Seminary and a cross-border commuter, pleaded guilty to misdemeanor sex crimes against a 15-year-old former student. Watson received a sentence of three years of probation, but wanted to serve this time in Canada where he, his wife, and their children lived. This was approved subject to the condition that Watson had to remain out of the US except for meetings with his probation officer, effectively exiling Watson for three years. Watson, however, was arrested upon his re-entry to Canada amid public outcry, and faced possible deportation to the U.S.[1]
Personal exile
Exile has been used particularly for political opponents of those in power. The use of exile for political purposes serves the government by preventing their exiled opponent from organizing in their native land or from becoming a martyr.
Exile represented an especially severe punishment in times past, particularly for those, like Ovid or Du Fu, who were exiled to strange or backward regions, cut off from all of the possibilities of their accustomed lifestyle as well as from their families and associates. Dante described the pain of exile in The Divine Comedy:
- «. . . Tu lascerai ogne cosa diletta
- più caramente; e questo è quello strale
- che l'arco de lo essilio pria saetta.
- Tu proverai sì come sa di sale
- lo pane altrui, e come è duro calle
- lo scendere e 'l salir per l'altrui scale . . .»
- ". . . You will leave everything you love most:
- this is the arrow that the bow of exile
- shoots first. You will know how salty
- another's bread tastes and how hard it
- is to ascend and descend
- another's stairs . . ."
- Paradiso XVII: 55-60[2]
Exile has been softened, to some extent, in the nineteenth and twentieth centuries, as exiles have been welcomed in other countries. There, they have been able to create new communities in those countries or, less frequently, returned to their homelands following the demise of the regime that exiled them.
Deportation serves as a modern form of exile. This involves either the expulsion of persons of foreign citizenship from a country (usually back to that person's country of origin) or forcible relocation within a nation. Deportation is imposed either as the result of a criminal activity, including illegal immigration, or based on the needs and policies of a government.
The British and French governments often deported people to penal colonies, such as Australia or Georgia. These colonies were usually underdeveloped pieces of land owned by that government in which conditions were harsh enough to serve as punishment.[3][4]
Famous people who have been in exile
- Napoleon I exiled from France to Elba and, later, St Helena
- Idi Amin, exiled to Libya, and Saudi Arabia until his death.
- Bertolt Brecht
- Joseph Brodsky, exiled from Soviet Union to United States
- John Calvin, exiled from Switzerland to France, but later let back into Switzerland, due to change in government
- Frédéric Chopin, exiled from Poland to France
- El Cid, banned from Castile, served other Iberian kings ending with the conquest of Valencia
- Dante Alighieri, Medieval Itialian poet and author of the Divine Comedy, Sentenced to two years of exile and forced to pay a fine when the Black Guelfs took control of Florence. However Dante could not pay his fine because he was staying at Rome at the request of Pope Boniface VIII and was considered to be an absconder and sentenced to permanent exile.
- Albert Einstein self-exiled from Germany to the United States
- Sigmund Freud self exiled from Austria to United Kingdom
- Heinrich Heine
- Victor Hugo exiled from France to the Channel Islands
- Arthur Koestler
- Jan Amos Komenský
- Lenin self-exiled to Switzerland
- Thomas Mann self-exile to Switzerland and to the United States, moved back to Switzerland
- Karl Marx self-exiled from Germany to United Kingdom
- Adam Mickiewicz
- Ovid
- Emperor Haile Selassie of Ethiopia
- Alexander Solzhenitsyn exiled from the Soviet Union, returned after the fall of Communism
- Leon Trotsky exiled to Turkey, France, Norway and Mexico
- Miguel de Unamuno confined to Fuerteventura, fled to France.
Government in exile
A "government in exile" is a political group that claims to be a country's legitimate government, but for various reasons is unable to exercise its legal power, and instead resides in a foreign country. Governments in exile usually operate under the assumption that they will one day return to their native country and regain power.
Governments in exile frequently come into existence during wartime occupation. For example, during the German expansion of the Second World War, numerous European governments and monarchs were forced to seek refuge in the United Kingdom, rather than face certain destruction at the hands of the Nazis. As well as during a foreign occupation, after an internal coup d'etat, a government in exile may be established abroad.
Actions of governments in exile
International law recognizes that governments in exile may undertake many types of actions in the conduct of their daily affairs. These actions include:
- becoming a party to a bilateral or international treaty
- amending or revising its own constitution
- maintaining military forces
- retaining (or "newly obtaining") diplomatic recognition by sovereign states
- issuing identity cards
- allowing the formation of new political parties
- instituting democratic reforms
- holding elections
- allowing for direct (or more broadly-based) elections of its government officers
However, none of these actions can serve to legitimatize a government in exile to become the internationally recognized legal government of its current locality. By definition, a government in exile is spoken of in terms of its native country, hence it must return to its native country and regain power there in order to obtain legitimacy as the legal government of that geographic area.
Past governments in exile
- Provisional Government of the Republic of Korea
- Crown Council of Ethiopia, led by H.I.M Prince Ermias Sahle Selassie and based in the Washington D.C. area, claimed that the Emperor was still the legal head of Ethiopia.
- The government in exile of the Free City of Danzig.
- Spanish Republican government in exile after Franco's coup d'état. Based in Mexico City from 1939 to 1946 when it was moved to Paris where it lasted until Franco's death.
- The Provisional Government of Free India was established by Indian nationalists in exile during the war.
- Other exiled leaders in England included King Zog of Albania and Emperor Haile Selassie of Ethiopia.
Many countries established a government in exile after loss of sovereignty in connection with World War II:
- Belgium (invaded May 10, 1940)
- Czechoslovakia (established in 1940 by Beneš and recognised by the British government)
- Free France (after 1940)
- Greece (invaded October 28, 1940)
- Luxembourg (invaded May 10, 1940)
- Netherlands (invaded May 10, 1940)
- Norway (invaded April 9, 1940)
- Poland (from September 1939)
- Yugoslavia (invaded April 6, 1941)
- Commonwealth of the Philippines (invaded December 8, 1941)
- Denmark's occupation (April 9, 1940) was administered by the German Foreign Office, contrary to other occupied lands that were under military administration. Denmark did not establish a government in exile, although there was an Association of Free Danes established in London. The King and his government remained in Denmark, and functioned comparatively independently for the first three years of German occupation. Meanwhile, Iceland and the Faroe Islands were occupied by the Allies, and effectively separated from the Danish crown.
Nation in exile
When large groups, or occasionally a whole people or nation is exiled, it can be said that this nation is in "exile," or "Diaspora." Nations that have been in exile for substantial periods include the Jews, who were deported by Nebuchadnezzar II of Babylon in 597 B.C.E. and again in the years following the destruction of the second temple in Jerusalem in the year 70 C.E.
After the partitions of Poland in the late eighteenth century, and following the uprisings (Kosciuszko Uprising, November Uprising, and January Uprising) against the partitioning powers (Russian Empire, Prussia and Austro-Hungary), many Poles chose, or were forced, into exile, forming large diasporas (known as "Polonia"), especially in France and the United States.
The entire population of Crimean Tatars (200,000) that remained in their homeland Crimea was exiled on May 18, 1944 to Central Asia as a form of "ethnic cleansing" and collective punishment on false accusations.
At Diego Garcia, between 1967 and 1973 the British Government forcibly removed some 2,000 Ilois resident islanders to make way for a military base jointly operated by the U.S. and U.K.[5]
Tax exile
A wealthy citizen who departs from a former abode for a lower tax jurisdiction in order to reduce his/her tax burden is termed a "tax exile." These are people who choose to leave their native country for a foreign nation or jurisdiction, where taxes on their personal income are appreciably lower or even nothing. Going into tax exile is a means of tax mitigation or avoidance.
Under U.K. law, a person is "tax resident" if they visit the country for 183 days or more in the tax year or for 91 days or more on average in any four consecutive tax years.[6]
Tax Haven
A tax haven is a place where certain taxes are levied at a low rate or not at all. This encourages wealthy individuals and/or businesses to establish themselves in areas that would otherwise be overlooked. Different jurisdictions tend to be havens for different types of taxes, and for different categories of people and/or companies.
One way a person or company takes advantage of tax havens is by moving to, and becoming resident for tax purposes in, a particular country. Another way for an individual or a company to take advantage of a tax haven is to establish a separate legal entity (an "offshore company," "offshore trust," or foundation), subsidiary or holding company there. Assets are transferred to the new company or trust so that gains may be realised, or income earned, within this legal entity rather than earned by the beneficial owner.
The United States is unlike most other countries in that its citizens are subject to U.S. tax on their worldwide income no matter where in the world they reside. U.S. citizens therefore cannot avoid U.S. taxes either by emigrating or by transferring assets abroad.
ReferencesISBN links support NWE through referral fees
- ↑ U.S. sex offender serving probation in Canada was not `exiled,' says N.Y. judge Retrieved December 6, 2006
- ↑ Dante Alighieri Retrieved December 6, 2006
- ↑ History of Colonial Georgia Retrieved December 12, 2006
- ↑ Convicts and the British colonies in Australia Retrieved December 12. 2006
- ↑ Diego Garcia: remembering paradise lost Retrieved December 12, 2006
- ↑ Taxable UK Residents Retrieved December 6, 2006
External links
- Offshore Banking and Financial Centers
- Offshore Financial Centers — IMF Background Paper
- Congressional Research Service (CRS) Reports regarding tax havens
- Tax Justice Network
- An OECD Proposal To Eliminate Tax Competition Would Mean Higher Taxes and Less Privacy - Heritage Foundation: Washington D.C.
- The Status of the Republic of China on Taiwan as a Government in Exile
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