Refugees as Assets to their New Countries

Table of Contents

Context: The article is talking about World Refugee Day, which is commemorated on June 20th each year. It acknowledges the courage and resilience of the millions of individuals who have been forcibly displaced due to conflicts and unrest worldwide. The article specifically mentions the global challenges posed by ongoing wars in Ukraine, Myanmar, Sudan, as well as protracted situations in Afghanistan and Somalia. It also highlights that South and Southeast Asia, including India, are not immune to displacement challenges. India is mentioned as a host country for approximately 250,000 forcibly displaced persons, with women and children comprising half of that population. Overall, it emphasizes the importance of recognizing the plight of refugees, promoting solidarity between communities, and reflecting on the shared responsibility of global citizens to welcome and support those who have been forcibly displaced.

Refugees as Assets to their New Countries Background

Who are Refugees?

Refugees are individuals who are outside their country of origin and are in need of international protection due to a well-founded fear of persecution, armed conflict, violence, or serious public disorder.
They cannot return to their home country because their life, physical integrity, or freedom is at risk.
The status of being a refugee is granted based on specific grounds defined by international law.

How are they different from Migrants?

Migrants, on the other hand, leave their country of origin for various reasons such as work, study, or to join family members.
Unlike refugees, migrants are not necessarily fleeing persecution or immediate danger in their home countries.
The term “migrant” does not have a universally accepted legal definition at the international level.

Status of Refugees in India:

In India, since its independence, the country has provided refuge to various groups of displaced people. The specific status and rights of refugees in India are determined by the laws and policies of the Indian government. Some groups of refugees that India has accepted include:

Partition refugees from Pakistan in 1947: During the partition of India and Pakistan, many individuals were displaced, and India accepted refugees who had to leave their homes due to communal violence.
Tibetan refugees: Following the Tibetan uprising in 1959 and the subsequent exile of the 14th Dalai Lama, India provided refuge to Tibetan refugees who fled their homeland.
Chakma and Hajong refugees: In the early 1960s, India accepted refugees from the Chittagong Hill Tracts in present-day Bangladesh, specifically the Chakma and Hajong communities.
Bangladeshi refugees: India has received refugees from Bangladesh during different periods, including 1965 and 1971 when conflicts and political turmoil led to displacement.
Sri Lankan Tamil refugees: Starting from the 1980s, India has hosted refugees from Sri Lanka, particularly Tamil refugees who fled the civil war and sought safety in India.
Rohingya refugees: In recent years, India has also provided shelter and assistance to Rohingya refugees from Myanmar who have fled persecution and violence in their home country.

India’s Refugee Policy:

Refugees in India are protected through various mechanisms, although the country lacks specific legislation dedicated to addressing the issue of refugees.

Protection of Refugees in India:

Equal Access to Protection Services: India ensures that refugees have access to protection services comparable to those available to Indian citizens. This includes access to basic amenities, healthcare, education, and legal aid.
Registration and Documentation: Refugees registered directly by the Indian government, such as Sri Lankan refugees, are entitled to government-issued documents like Aadhaar cards and PAN cards.
- These documents facilitate their economic and financial inclusion, allowing them to access welfare schemes and contribute to the Indian economy.
- However, refugees registered with the United Nations High Commissioner for Refugees (UNHCR), such as Afghan and Myanmar refugees, do not possess government-issued documentation, limiting their access to certain services and benefits. However, without government-issued documentation, they may face challenges in opening bank accounts and fully benefiting from all government welfare schemes.
Absence of Specific Refugee Legislation: India does not have a specific legal framework dedicated to addressing the protection and rights of refugees. The absence of legislation specifically tailored to refugees poses challenges in providing comprehensive protection and addressing their unique needs.
India is not a party to the 1951 Refugee Convention and its 1967 Protocol, the key legal documents pertaining to refugee protection.
Constitutional Rights: The Indian Constitution guarantees fundamental rights to all individuals, including foreign citizens. Article 21 of the Constitution encompasses the right to life and personal liberty, including the principle of non-refoulement, which prohibits the forced return of individuals to their home countries where they may face persecution or harm.
Judicial Recognition of Rights: The Indian judiciary has recognized the rights of refugees and foreign citizens, affirming their entitlement to equality, life, and dignity.
- The Supreme Court in the National Human Rights Commission vs. State of Arunachal Pradesh (1996) held that “while all rights are available to citizens, persons including foreign citizens are entitled to the right to equality and the right to life, among others.”
- This emphasised that individuals fleeing persecution should not be forcibly returned to their home countries.

Current Legal Frameworks that deal with Refugees:

In India, the legal frameworks that deal with refugees primarily focus on the broader issue of foreign nationals rather than specifically addressing refugees. The following are some of the relevant laws:

Foreigners Act of 1946: The Foreigners Act empowers the Central government to detect, detain, and deport illegal foreign nationals residing in India. It provides the legal basis for the government to regulate the entry, stay, and departure of foreign nationals.
Passport (Entry into India) Act, 1920: This Act governs the entry of foreigners into India. It empowers the authorities to remove an illegal foreigner by force under Article 258(1) of the Constitution of India.
Registration of Foreigners Act of 1939: This Act requires foreign nationals (excluding overseas citizens of India) visiting India on long-term visas (more than 180 days) to register themselves with a Registration Officer within 14 days of arrival in India. It enables the government to maintain records and monitor the presence of foreign nationals in the country.
Citizenship Act, 1955: The Citizenship Act lays down the legal framework for acquiring and terminating Indian citizenship. It provides provisions for naturalization, registration, renunciation, termination, and deprivation of citizenship. However, it does not specifically address the status and rights of refugees.
Citizenship Amendment Act, 2019 (CAA): The CAA amended the Citizenship Act to provide a specific pathway to citizenship for Hindu, Christian, Jain, Parsi, Sikh, and Buddhist immigrants who faced persecution in Bangladesh, Pakistan, and Afghanistan and entered India before December 31, 2014. The CAA has been the subject of controversy and has faced criticism for its exclusionary nature.

International Conventions:

1951 Convention relating to the Status of Refugees: This is the key international legal instrument that defines who is a refugee, sets out their rights, and establishes the legal obligations of states to protect them. It provides a framework for the rights and protection of refugees, including non-refoulement, access to courts, freedom of movement, access to education, and other basic rights.
1967 Protocol relating to the Status of Refugees: This protocol removed the temporal and geographic limitations of the 1951 Convention and expanded its scope to include refugees worldwide. It allows countries to apply the provisions of the 1951 Convention to refugees regardless of when or where they fled their country of origin.

Decoding the Editorial

The article acknowledges the significant challenges posed by ongoing conflicts across the globe that have led to large-scale displacement of people, creating a global crisis. It emphasizes the importance of welcoming and supporting refugees and displaced persons in our communities and calls for engagement, empathy, and solidarity among global citizens to address the needs and challenges faced by them.

Inference:

From the example of a Refugee cited in the article, we could infer,

Refugee Youth’s Aspirations: The article emphasizes that refugee youth have aspirations beyond their talent; they desire opportunities to be self-reliant and contribute to the communities hosting them. They want to use their talents and passions to make a positive impact.
Empowerment through Education: The success stories of many refugees that highlight how institutional support and educational opportunities have empowered these refugees. Education, such as distance learning programs or access to schools, has enabled them to pursue their dreams, develop their skills, and become valuable members of society.
Resilience and Talent of Refugee Youth: The article acknowledges the resilience and talent exhibited by refugee youth when given the right opportunities. It suggests that with proper support, guidance, and career assistance, they can overcome challenges and achieve their goals.
Importance of Hope and Opportunities: There has to be increased efforts to provide refugees with hope and opportunities while they are away from their home countries. It emphasizes that by offering support and creating avenues for education, skills development, and career progression, refugee youth can have brighter prospects for their future.

Dismantling the Barriers:

Addressing Barriers: The barriers and challenges faced by refugees and asylum seekers, such as legal recognition issues and difficulties obtaining necessary government documents must be addressed. It emphasizes the need to dismantle these barriers to ensure equal access to essential services, including financial support and healthcare.
Inclusive Society and Youth Engagement: It is important to create an inclusive society that caters to the unique needs of refugee youth. This needs the engagement and inclusion of youth, especially refugee youth, in achieving the Sustainable Development Agenda and ensuring that no one is left behind.
Collective Action and Responsibility: Addressing the displacement crisis and supporting refugees is a collective responsibility that extends beyond governments. This demands solidarity and a whole-of-society approach, involving individuals, the private sector, non-government organizations, and community-based organizations. The article recognizes that the Global South is disproportionately affected by displacement and that host communities require assistance.
Global Compact on Refugees: The statement refers to the Global Compact on Refugees, which aims to enhance the international response to displacement, support host countries, promote self-reliance, and explore long-term solutions like resettlement and safe returns.
Equitable Burden-Sharing: The principle of equitable burden-sharing, where all stakeholders take responsibility for supporting refugees and their host communities should be encouraged. The well-being of both refugees and host communities should be taken care of and fulfilling these responsibilities will create a world where hope and opportunities are abundant.
Commitment to Refugees: Recommitting to stand in solidarity with refugees and displaced persons, recognizing their strength, hope, and untapped potential is important. There has to be no situation of ever turning a blind eye to the plight of refugees.

Beyond the Editorial

Why Should India Have a Refugee Policy?

India should have a refugee policy for several reasons:

Humanitarian obligations: Having a refugee policy reflects India’s commitment to upholding fundamental human rights and fulfilling its moral and humanitarian obligations towards those who are forced to flee their countries due to persecution, conflicts, and other forms of violence. It demonstrates compassion and solidarity towards individuals in need of international protection.
International cooperation: Having a well-defined refugee policy allows India to engage in international cooperation and dialogue on refugee issues. It enables India to work with other countries, international organizations, and humanitarian agencies to share best practices, exchange information, and seek assistance in addressing the challenges posed by refugee situations.
Social stability and integration: A refugee policy helps in fostering social stability and promoting the integration of refugees into the host society. It provides a clear framework for their legal status, access to basic services, education, healthcare, and livelihood opportunities. This, in turn, can contribute to social cohesion, community resilience, and inclusive development.
Rule of law and human rights: A refugee policy reinforces the rule of law and human rights principles within a country. It establishes legal mechanisms to ensure that refugees are protected from refoulement, arbitrary detention, discrimination, and other forms of mistreatment. It also provides avenues for seeking asylum, accessing justice, and pursuing durable solutions.