Blueprints beyond borders, for solace and shelter
Source: The Hindu
For Prelims: Rohingya, Myanmar, United Nations High Commissioner for Refugees (UNHCR), Citizenship Amendment Act, 2019 (CAA), 1951 Refugee Convention.
For Mains: Reasons behind India's Decision not to Sign the 1951 Refugee Convention, Current Legislative Framework in India to Handle Refugees
Highlights of the Article
UN High Commission Refugees
UN Refugee Convention
Rohingya Crisis
India's Refugee Policy
Context:
Today, the world has over 43.4 million refugees, and with conflicts raging in different parts of the world, this number is only increasing. But as it rises, we also run the risk of treating these people as figures in a statistical compilation, and not human beings with needs, fears, hopes and wants.
UPSC EXAM NOTES ANALYSIS
1. World Refugee Day
World Refugee Day, observed on June 20th each year, is an international day designated by the United Nations to honour refugees around the globe. It celebrates the strength and courage of people who have been forced to flee their home country to escape conflict or persecution and raises awareness about the challenges they face
History
- Establishment: World Refugee Day was established by the United Nations General Assembly in 2000. It was first celebrated on June 20, 2001, to mark the 50th anniversary of the 1951 Convention relating to the Status of Refugees.
- Significance: The day underscores the need for international cooperation to address the global refugee crisis and to protect the rights and well-being of refugees.
Objectives and Themes
- Raising Awareness: Highlighting the plight of refugees and displaced persons worldwide, promoting understanding and empathy.
- Advocacy: Advocating for improved conditions, policies, and support systems for refugees and asylum seekers.
- Solidarity: Showing global solidarity with refugees through various events, campaigns, and activities.
2. Rohingya Crisis and India's Response
The Rohingya crisis is a significant humanitarian issue involving the Rohingya Muslim minority from Myanmar. The crisis has led to widespread displacement, with many Rohingya fleeing persecution and violence.
Here’s an overview of the crisis and its implications for India:
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Background:
- The Rohingya are a Muslim minority group in Myanmar's Rakhine State.
- They have faced decades of discrimination and persecution, denied citizenship, and subjected to various human rights abuses.
- Tensions escalated in August 2017 when Myanmar's military launched a brutal crackdown, leading to mass killings, sexual violence, and the burning of villages.
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Displacement:
- The crackdown forced over 700,000 Rohingya to flee to neighbouring countries, primarily Bangladesh.
- Refugees live in overcrowded camps with limited access to basic services.
India's Response
- India shares borders with both Myanmar and Bangladesh, making it a potential destination for fleeing Rohingya.
- An estimated 40,000 Rohingya have sought refuge in India.
- India has a tradition of hosting refugees from various countries, reflecting its commitment to humanitarian principles.
- However, the government has expressed concerns over security and resource strain, leading to debates over the treatment and rights of Rohingya refugees
- The Indian government has cited security concerns, fearing that extremist groups might exploit the refugee situation.
- Some Rohingya have been detained, and there have been efforts to deport them back to Myanmar, despite international criticism.
- India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, leading to a lack of formal refugee protection framework.
- The treatment of Rohingya refugees has been inconsistent, with some states providing aid while others push for deportation
- India's actions are also influenced by its relationship with Myanmar. Balancing its geopolitical interests, India has cooperated with Myanmar’s government, which complicates its stance on the Rohingya issue.
- Simultaneously, India has provided aid to Bangladesh to support the refugee camps hosting Rohingya.
3. Suitable Legislation
- Despite India's illustrious history of providing refuge and protection to people fleeing from various parts of the world, it is noteworthy that India is not a signatory to the UN Refugee Convention, which defines the rights of refugees and the duties of host countries, nor to its 1967 Protocol.
- Moreover, India lacks a national legal framework for asylum. Given our historical background, India should be at the forefront of championing refugee rights. However, the absence of a legal structure to protect refugees undermines our proud heritage, tarnishes our international reputation, and falls short of our distinguished past.
- To address these significant gaps, I introduced a Private Member’s Bill in the Lok Sabha in February 2022, aiming to establish a Refugee and Asylum law.
- This bill proposed comprehensive criteria for identifying asylum seekers and refugees and outlined the specific rights and responsibilities associated with such status.
- The motivation behind this legislation was the government’s failure to uphold the principle of non-refoulement—central to refugee law, which prohibits returning individuals to places where they may face persecution—and its departure from India’s tradition of granting asylum.
- Named the Asylum Bill, 2021, it was introduced following the government’s expulsion of two groups of Rohingya refugees back to Myanmar, where they faced severe persecution. This act of refoulement violated international law and exposed the government’s religious intolerance, as these refugees were Muslim.
- In 2017, the Ministry of Home Affairs issued a directive labeling Rohingyas as "illegal migrants," resulting in their detention in centers across India.
- These centers have deplorable conditions, where the detainees are cut off from their families and lack access to basic necessities like medical care, food, sanitation, and water. As of August 2023, over 700 Rohingyas were detained in India.
- The government has also shown a lack of hospitality toward the Chakmas in Arunachal Pradesh and the Myanmarese in Mizoram.
- My bill aimed to end such arbitrary actions by ensuring that all foreigners, regardless of nationality, race, or religion, have the right to seek asylum in India.
- It proposed the establishment of a National Commission for Asylum to review and decide on asylum applications.
- The bill firmly supported the principle of non-refoulment, specifying the grounds for exclusion, expulsion, and revocation of refugee status, thus balancing the government's authority with limitations on its discretion
4. Challenges
- Without a consistent and comprehensive law for asylum seekers, our approach to refugee management remains unclear.
- Various laws, such as the Foreigners Act of 1946, the Registration of Foreigners Act of 1939, the Passports Act of 1967, the Extradition Act of 1962, the Citizenship Act of 1955 (and its controversial 2019 amendment), and the Foreigners Order of 1948, all categorize foreign individuals as "aliens."
- Due to India's non-participation in international conventions on this issue and the lack of a domestic legislative framework, refugees are treated on an ad hoc basis and face the constant threat of deportation like other foreigners.
- When discussing refugee protection, we must move beyond merely providing asylum. A robust mechanism is needed to ensure refugees can access essential public services, such as healthcare and education, and have legal avenues to seek employment and rebuild their lives.
- India can and must improve its approach. Enacting a National Asylum Law, like the one I proposed in Parliament, is crucial. Although India currently hosts over 200,000 refugees, the Bharatiya Janata Party government's unwelcoming stance towards the Rohingya and other "inconvenient" refugees jeopardizes our global standing.
- Had my bill been enacted, it would have positioned India as a leader in asylum management globally, reaffirming our longstanding commitment to humanitarian and democratic values in dealing with refugees
5. Supreme Court Orders
- In 1996, the Supreme Court of India declared that all individuals living in India, regardless of their nationality, are entitled to the fundamental rights protected by Articles 14, 20, and 21 of the Indian Constitution.
- This principle was upheld in the landmark case of National Human Rights Commission vs State Of Arunachal Pradesh & Anr., where the Court intervened to prevent the forced eviction of Chakma refugees who had arrived in Arunachal Pradesh in 1995.
- The Court emphasized that asylum applications must be thoroughly processed, and until a decision on asylum is made, the state cannot forcibly remove an asylum seeker.
- This decision has already set a clear precedent, guiding us on the proper course of action.
- However, the varying judicial opinions, as seen in the Rohingya case, highlight the inconsistencies in judicial approaches.
- Establishing and codifying refugee rights will lessen our dependence on subjective judicial interpretations or the arbitrary decisions of Home Ministry officials, police, and politicians
6.Conclusion
The problems of refugees worldwide are problems that demand international cooperation. India, as a pillar of the world community and as a significant pole in the emerging multipolar world, must play its own part — on its own soil as well as on the global stage — in this noble task, devising solutions for refugees that offer blueprints beyond borders.
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