A History of Formal Human Rights in International Relations
The Universal Declaration of Human Rights was signed in 1948, just three years after the establishment of the UN, with almost all the member states ratifying it. It is considered to be a milestone in universal human rights as the first step in internationalising human rights.
Now, there are numerous treaties and organisations for protecting and promoting human rights worldwide. However, the UDHR is not without limitations. It is a declaration, and as such, it is non-binding on the states. Even though almost all states are party to several human rights agreements, they are often not upheld. This is due to the lack of enforcing authority. While there are other treaties that are binding, it is up to the states to join them or not. Perhaps it is the fear of intervention in state matters that demotivates countries to sign human rights agreements.
What is a Refugee crisis?
The problem of refugees is one of the most complex issues of human rights in the world. According to Amnesty International, a refugee is a person who has fled their country due to risks of persecution and serious human rights violations. Most of the refugees also face human rights violations in their host country. They are met with restrictions and denial of rights and access to safe territories. They constantly face the risk of discrimination, arrest and deportation. The Office of the United Nations High Commissioner for Refugees (UNHCR) was established by the UN in 1951 to be concerned with refugees around the world. Apart from this, there are other organisations and NGOs campaigning for their rights. The refugee crisis has come to symbolise the interconnectedness of the global society.India and refugees
India has had refugees from neighbouring as well as distant countries for a long time. According to the UNHCR, there are almost 200,000 refugees in India, not including those who are unregistered. Despite this, India is not part of the 1951 Convention on Refugees and the 1967 Protocol. The reasons behind this vary from national security and sovereignty concerns to limited resources. This leaves the refugees vulnerable to deportation. The Foreigners Act of 1946 deals with matters related to non-citizens clubbing refugees with other foreigners in India. There is a lack of refugee legislation and a code of conduct in the country, where the political decisions govern the status of refugees. This allows the government to treat different refugee groups in various ways. Some of them receive extensive protection and support, while others are considered illegal immigrants and denied even the basic social requirements. This differential treatment is highlighted here by taking the example of the Tibetan and the Rohingya communities in India.
With the assistance of the Indian government and international donors, approximately 1.10 lakh Tibetan refugees reside in 45 settlements and outside the settlements spread out in different states in the country. The Central Tibetan Relief Committee (CTRC) coordinates the issues relating to refugees and is consulted regularly by the Government of India. The Tibetans in India are considered refugees staying temporarily in India on humanitarian considerations. Many of the central government development schemes are now extended to benefit the Tibetan refugees, including MNREGS, the Public Distribution System, the National Rural Health Mission and the extension of loan Facilities by Nationalised Banks. All foreigners need to seek prior permission from the Ministry of Home Affairs and should have a Protected Area Permit (PAP) to visit Tibetan Settlements. This community is considered a model of success for other refugee communities in the world.
There are almost 40,000 Rohingya refugees in India. They are mainly concentrated in the cities of Delhi, Jammu and Hyderabad. The refugees face various challenges in India. They are denied exit visas even after gaining approval for resettlements. They are considered illegal migrants and are at risk of being deported back to the country they fled. The government gives national security interest as the reason for the deportation. The harsh living conditions and restrictions limiting essential health services, access to education and formal employment exacerbate their condition. Right-wing political leaders have gone so far as to refer to Rohingya refugees as “infiltrators” and “terrorists”. The Citizenship Amendment Act 2019 further complicates their situation as it grants citizenship to non-muslim migrants from neighbouring countries who have fled religious persecution. As most of the Rohingyas are Muslims, they are at a disadvantage.
Apart from this, the Afghan refugees also face difficulties in India. Afghans have been moving to and settling in India since the start of the Soviet War. Now, India is both a destination and a transit country for Afghans who are fleeing from the turbulent and insecure environment of their country. There are approximately 15,800 Afghan refugees in India. Discriminatory policies like the CAA increase the insecurity of Afghan Muslim refugees in India as it explicitly excludes Muslim migrants.
Tibetan refugees
It is said that Tibetans living in exile are one of the most successful refugee communities in the world. When Tibet was occupied by China in 1950, the communist propaganda of the Chinese government was forced upon the region, with a large number of temples and monasteries destroyed and imprisoning or executing monks and nuns. Many Tibetans were also sent to labour camps. More than 1.2 million Tibetans died, and around 6,000 monasteries were destroyed. Fleeing this persecution, a large number of Tibetans, under their spiritual leader, Dalai Lama, crossed the Himalayas seeking refuge in the neighbouring country, India. In 1959, they were granted asylum in India and are currently led by the Dalai Lama’s government-in-exile, known as the Central Tibetan Administration (CTA), based in Dharamshala, Himachal Pradesh.With the assistance of the Indian government and international donors, approximately 1.10 lakh Tibetan refugees reside in 45 settlements and outside the settlements spread out in different states in the country. The Central Tibetan Relief Committee (CTRC) coordinates the issues relating to refugees and is consulted regularly by the Government of India. The Tibetans in India are considered refugees staying temporarily in India on humanitarian considerations. Many of the central government development schemes are now extended to benefit the Tibetan refugees, including MNREGS, the Public Distribution System, the National Rural Health Mission and the extension of loan Facilities by Nationalised Banks. All foreigners need to seek prior permission from the Ministry of Home Affairs and should have a Protected Area Permit (PAP) to visit Tibetan Settlements. This community is considered a model of success for other refugee communities in the world.
Rohingya Crisis
One of the most persecuted people in the world, the Rohingya, are an ethnic minority group of Muslims in Myanmar. They are not recognised as an ethnic group and have been denied citizenship since 1982.There are almost 40,000 Rohingya refugees in India. They are mainly concentrated in the cities of Delhi, Jammu and Hyderabad. The refugees face various challenges in India. They are denied exit visas even after gaining approval for resettlements. They are considered illegal migrants and are at risk of being deported back to the country they fled. The government gives national security interest as the reason for the deportation. The harsh living conditions and restrictions limiting essential health services, access to education and formal employment exacerbate their condition. Right-wing political leaders have gone so far as to refer to Rohingya refugees as “infiltrators” and “terrorists”. The Citizenship Amendment Act 2019 further complicates their situation as it grants citizenship to non-muslim migrants from neighbouring countries who have fled religious persecution. As most of the Rohingyas are Muslims, they are at a disadvantage.
Apart from this, the Afghan refugees also face difficulties in India. Afghans have been moving to and settling in India since the start of the Soviet War. Now, India is both a destination and a transit country for Afghans who are fleeing from the turbulent and insecure environment of their country. There are approximately 15,800 Afghan refugees in India. Discriminatory policies like the CAA increase the insecurity of Afghan Muslim refugees in India as it explicitly excludes Muslim migrants.
Conclusion
Refugees in India face many barriers. Determination of refugee status is carried out by the Office of the United Nations High Commissioner for Refugees (UNHCR) and the Government. Refugees from neighbouring countries can approach the Ministry of Home Affairs for refugee status determination, while those from non-neighbouring countries have to approach the New Delhi office of UNHCR. The UN refugee card is necessary for them to access basic services such as healthcare, housing and education. These documents are not widely recognised in India. The government can give residential permits based on this card, but their rights depend on the government's political decisions. This differential treatment of displaced communities creates re-victimisation of the refugees. India needs to have a proper policy when dealing with refugees.While signing the 1951 Convention on Refugees is the obvious first step towards this, India also has to consider its national security and capacity. Geographically, India is surrounded by countries with refugee problems and does not have the resources to support all of them. The way forward for the developing nation is to create a new refugee policy rather than still following the seventy-eight-year-old policy for refugees.
About the Author: Rosello Biju K, Research Intern 2024