Exile

Exile can be a form of punishment. It means to be away from one's home (i.e. city, state or country) 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, i.e., 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.

History

Exile has a long tradition as a form of punishment. It has been known in ancient Rome, where the Roman Senate had the power to exile individuals, entire families or countries (which amounted to a declaration of war).

The towns of ancient Greece, as well 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 had basically made a nuisance of himself 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). A noble who has been infamed not only suffered from the same penalties as an exiled one, but in addition, an exiled noble (banita) who killed an infamed one (infamis) could expect his exile sentence to be revoked. In addition anybody killing an infamed noble could expect a monetary reward from the state (usually a starosta of given region), and sheltering or supporting an infamed noble were also punishable offences. Both exile and infamy could be revoked if the person had done a great service to the state. As the law system in the Commonwealth was fairly inefficient, many exiles actually stayed within the country, often employed and protected by some magnates. One of the most famous exiles of the Commonwealth was Samuel Łaszcz.

On October 23, 2006, for the first time in United States history, a judge in the United States imposed exile from the US 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, near Buffalo, New York on the other side of the border. Watson, a teacher at Buffalo Seminary and a cross-border commuter, pleaded guilty to misdemeanor sex crimes against a 15-year-old former student in Cheektowaga Town Court. The district attorney, Frank J. Clark wanted to impose probation but Watson wanted to serve his probation in Canada where he, his wife, and their children lived. The DA agreed, but subject to the condition that since his probation officer could not directly monitor his residence in Canada, Watson had to remain out of the US except for meetings with his probation officer—thereby, once the judge approved the sentence, effectively exiling Watson for three years. The sentence may not stand, however. Canada arrested Watson upon his re-entry to Canada and Watson faces a hearing on possible revocation of his permanent residence status in Canada. Furthermore the DA has pledged to appeal the sentence, despite previously approving it, citing the huge and unforeseen public outcry that the case has received in Canada. After a hearing in Canada, Malcolm Watson was deemed to be not a threat and released.

Personal exile

Exile was used particularly for political opponents of those in power. The use of exile for political purposes can sometimes be useful for the government because it prevents the exilee from organizing in their native land or from becoming a martyr.

Exile represented a severe punishment, particularly for those, like Ovid or Du Fu, exiled to strange or backward regions, cut off from all of the possibilities of life as well as their families and associates. Dante describes 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

Exile has been softened, to some extent, in the nineteenth and twentieth centuries, as exiles have received welcome in other countries and have either created new communities within those countries or, less frequently, returned to their homelands following the demise of the regime that exiled them.

Government in exile

During a foreign occupation or after a coup d'etat, a government in exile of a such afflicted country may be established abroad.

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 occur 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.

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, etc.

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.

World War II

Many countries established a government in exile after loss of sovereignty in connection with World War II:

• Belgium (invaded 10 May, 1940)
• Czechoslovakia (established in 1940 by Beneš and recognised by the British government)
• Free France (after 1940)
• Greece (invaded 28 October, 1940)
• Luxembourg (invaded 10 May, 1940)
• Netherlands (invaded 10 May, 1940)
• Norway (invaded 9 April, 1940)
• Poland (see Polish government in exile)
• Yugoslavia (invaded 6 April, 1941)
• Commonwealth of the Philippines (invaded 8 December, 1941)

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.

Notable examples of occupied countries which retained partial sovereignty through their overseas territories included Belgium, Vichy France and Free France.

The Danish exception

Denmark's occupation (9 April, 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 AD 70.

After the partitions of Poland in the late 18th century, and following the uprisings (like Kosciuszko Uprising, November Uprising and January Uprising) against the partitioning powers (Russian Empire, Prussia and Austro-Hungary), many Poles have chosen - or been 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 18 May 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 today jointly operated by the US and UK.

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.

A tax exile is one who chooses to leave their native country and instead to domicile themselves in a foreign nation or jurisdiction, where taxes on their personal income are appreciably lower or even nil. Going into tax exile is a means of tax mitigation or avoidance.

UK rules

Under UK 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.[1]

Famous tax exiles

• Sean Connery living in the Bahamas
• David Coulthard, Jenson Button, Roger Moore, Ringo Starr and Ken Bates in Monaco
• Peter Ebdon living in the United Arab Emirates
• Stelios Haji-Ioannou who was quoted in the Guardian: Sir Stelios is quoted as saying: "I have no UK income to be taxed in the UK." Source: David Leigh, Monday, July 10, 2006, The Guardian.
• Sir Mick Jagger
• Michael Schumacher, Phil Collins, Boris Becker, Tina Turner and Ingvar Kamprad living in Switzerland
• Ralf Schumacher living in Austria
• Ozzy Ozbourne living in Florida
• Tony Ryan living in Monte Carlo
• Freddie Mercury

Famous people who have been in exile

• Napoleon I exiled from France to Elba and, later, St Helena
• 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.
• Sigmund Freud self exiled from Austria to United Kingdom
• Heinrich Heine
• Victor Hugo exiled from France to the Channel Islands
• Arthur Koestler
• 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 Great Britain
• Adam Mickiewicz
• Ovid
• Leon Trotsky exiled to Turkey, France, Norway and Mexico
• Miguel de Unamuno confined to Fuerteventura, fled to France.

External links

• The Status of the Republic of China on Taiwan as a Government in Exile

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