INDIA's REFUGEE POLICY

Recently, The European Union agreed on new rules designed to share the cost and work of hosting migrants more evenly and limit the number of people coming in. Representatives of the European Parliament and EU governments reached an accord after all-night talks on EU laws collectively called the New Pact on Migration and Asylum that should start taking effect next year.

2. What is India’s Refugee Policy?

India does not have a specific, comprehensive refugee policy. Instead, the treatment of refugees and asylum seekers in India is governed by a combination of domestic laws, international principles, and ad-hoc arrangements.

The key aspects of India's approach to refugees

• India follows a non-refoulement policy, which means that it does not forcibly return refugees to a country where they face persecution or serious harm. This principle is in line with international norms.
• India has historically provided refuge to various communities facing persecution, such as Tibetans, Sri Lankan Tamils, Afghans, and more. However, these arrangements have often been ad hoc, and there is no overarching legal framework specifically designed for the protection of refugees.
• Refugees in India do not have a specific legal status. The treatment of refugees falls under the provisions of the Foreigners Act, 1946, and the Registration of Foreigners Act, 1939. These laws do not distinguish between economic migrants, asylum seekers, or refugees.
• Some refugee communities, such as Tibetan refugees, have been living in India for an extended period. They are often accommodated in settlements and enjoy a degree of autonomy within those settlements.
• Refugees in India typically have access to basic services such as education and healthcare. However, their rights and entitlements are not clearly defined by law.
• One of the criticisms of India's approach is the absence of a comprehensive legal framework specifically addressing refugees. The lack of such a framework can lead to uncertainty regarding the rights and obligations of refugees and the responsibilities of the Indian government.
• While India provides de facto asylum to many refugees, there is no formalized asylum procedure and asylum seekers often face challenges in navigating the system.

3. What is an Asylum?

• Asylum is the protection granted by a state to a person who is seeking refuge from persecution in their home country due to their race, religion, nationality, political belief, or membership in a particular social group.
• Individuals seeking asylum must apply to the host country and present evidence of their persecution. The host country then determines whether the individual meets the criteria for asylum and grants them protection if they qualify.
• Asylees are granted basic human rights and access to essential services like healthcare and education in the host country. They may also be eligible for work authorization and eventually permanent residency.

4. Who is Migrant and Refugee?

Migrant

• A migrant is a person who moves from one country to another to settle permanently. Unlike refugees, migrants generally do not face persecution in their home country and may move for economic reasons, family reunification, or other personal motivations.
• There are different types of migrants, including economic migrants, skilled workers, family members, and environmental migrants.
• The rights of migrants vary depending on their status and the laws of the host country. Generally, they have basic human rights but may not be entitled to the same level of protection as refugees.

Refugee

• A refugee is a person who has fled their home country due to a well-founded fear of persecution and is unable or unwilling to return. The reasons for persecution can be similar to those for asylum seekers, but refugees are already outside their home country.
• Refugees are entitled to international protection under the 1951 Refugee Convention, which guarantees their basic human rights and prohibits their return to a country where they would face persecution.
• Refugees have the right to asylum, access to basic necessities, and the opportunity to integrate into their host country.

5. Difference between Asylum, Migrant and Refugee

• While both refugees and asylum seekers may leave their home country due to difficult circumstances, refugees have already experienced persecution, while asylum seekers fear it.
• Refugees are already outside their home country, while asylum seekers are still in their home country or are in transit.
• Both refugees and asylum seekers have rights under international law, but refugees have additional protections due to their status.

6. What is the Global Refugee Forum (GRF)?

The Global Refugee Forum (GRF) is a non-binding, international platform established under the auspices of the United Nations High Commissioner for Refugees (UNHCR).

Its main objective is to:

1. Mobilize international cooperation and support for refugees and host communities.
2. Share best practices and innovative solutions for refugee protection and integration.
3. Increase burden and responsibility-sharing among states in addressing the global refugee crisis.

Key Features of the GRF

• Held every four years, the first GRF took place in Geneva in December 2019 and the second in December 2023.
• Brings together governments, international and regional organizations, civil society, refugees themselves, the private sector, and other stakeholders.
• Prioritizes finding durable solutions for refugees, such as voluntary return, local integration, or resettlement in third countries.
• Aims to generate concrete pledges and commitments from participating actors, including financial contributions, technical assistance, and policy changes.

Significance of the GRF

• The GRF brings together diverse actors to address a complex global issue, fostering collaboration and preventing fragmented responses.
• The forum elevates the issue of refugees on the international agenda and encourages governments to prioritize refugee protection.
• The GRF aims to secure concrete pledges from various stakeholders to address urgent needs and gaps in refugee assistance.
• The forum encourages sharing of best practices and identifying new approaches to refugee management and integration.

Challenges and Future of the GRF

• Converting pledges into concrete actions remains a challenge, requiring strong accountability mechanisms and follow-up processes.
• The forum primarily focuses on responding to existing refugee crises, but addressing the root causes of displacement would ultimately be more effective.
• Ensuring meaningful participation of all stakeholders, including refugees themselves, is crucial for effective and equitable solutions.

7.  EU Pact on Migration and Asylum

India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. The 1951 Refugee Convention, adopted after World War II, and its 1967 Protocol, removed geographical and temporal restrictions, establishing a universal framework for the protection of refugees.

The key principles of these international instruments include

• The 1951 Convention defines a refugee as someone who is outside their country of nationality or habitual residence and is unable or unwilling to return due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
• The principle of non-refoulement, central to the Convention, prohibits the expulsion or return of a refugee to a territory where their life or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.
• The Convention outlines the rights and obligations of refugees, including the right to work, education, and access to public assistance.
• The Convention emphasizes international cooperation and burden-sharing among states to address the global refugee crisis.

9. The Way Forward

India's stance on the 1951 Convention and its Protocol is rooted in its historical approach to international agreements, emphasizing national sovereignty and non-interference in internal affairs. While India has not formally adopted the Convention, it has maintained a pragmatic and humanitarian approach to refugees, often providing them with de facto asylum.