Refugee Rights

Context: The United Nations High Commissioner for Refugees (UNHCR) reports that by the end of 2023, 117.3 million individuals globally had been forcibly displaced as a result of persecution, conflict, violence, human rights violations, or significant public order disruptions. Among them, 37.6 million were refugees.

As a result of armed conflict, violence, human rights violations, and persecution, millions worldwide are compelled to leave their homes and homelands, becoming ‘displaced people’ in the process.

With the escalation of the Israel-Hamas conflict, the ongoing Ukraine-Russia war, and new threats against Rohingyas in Myanmar, the global refugee population is expected to increase significantly.

Who are Refugees?

Refugees are individuals compelled to leave or escape their home countries due to threats of persecution or dangers to their lives and freedom.

Global Displacement:  By the end of 2023, 117.3 million people around the world had been forcibly displaced due to persecution, conflict, violence, human rights violations, or severe public disorder.

According to data from the United Nations High Commissioner for Refugees (UNHCR), the UN Refugee Agency, there are 43.4 million refugees globally. Approximately 40 per cent of the world’s refugees are children.

The UNHCR protects 31.6 million refugees and 5.8 million others in need of international protection, while the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) supports 6 million Palestinian refugees.

About UNHCR: United Nations High Commissioner for Refugees-  It is a United Nations organisation tasked with providing resources and protection for refugees, displaced persons, and stateless individuals, while also assisting with their voluntary locations, local inclusion, or resettlement to any other country.

Headquarters: Geneva, Switzerland

History :

The UNHCR office was established in 1950 in the aftermath of World War II to assist hundreds of thousands of Europeans who had fled or lost their homes. The organization was originally given three years to complete its work and then disband.

The United Nations High Commissioner for Refugees was awarded the Nobel Peace Prize in 1954 for its significant contributions to Europe.

Africa’s decolonization in the 1960s led to significant refugee crises on the continent. In the following decades, these crises also contributed to the displacement of people in Asia and Latin America. As a result of their efforts, the organization received its second Nobel Prize for their work.

Gendered Nature of Displacement:  Female face to refugee demographics

India has historically been viewed as a ‘refugee-receiving’ nation, with women and girls making up 46% of the refugee population, a group that is disproportionately burdened and vulnerable. They are often solely responsible for the care of children, typically the last to flee and bear the gendered caregiving responsibilities for both the elderly and the young. Furthermore, they are frequently required to shoulder the family’s sustenance on their own.

According to the United Nations Population Fund, “the face of displacement is female.”

• This gendered aspect of displacement adversely affects women’s physical and mental health along with their overall well-being.
• Refugee women encounter various stressors, including the deaths of partners and children, challenges of life in refugee camps, shifts in family dynamics, restricted access to community networks, and decreased safety.
• Extended conflict, post-conflict changes in gender roles, the disintegration of traditional support systems, and socio-economic difficulties related to displacement increase refugee women’s vulnerability to gender-based violence, such as transactional sex.
• Increased exposure to physical and sexual violations makes them particularly vulnerable to psychological and psychosocial issues, including post-traumatic stress disorder (PTSD), anxiety disorders, and depression.
• According to a study in Darfur, Sudan, 72% of displaced women were found to be affected by conditions like PTSD and general distress stemming from traumatic experiences and camp living conditions.
• Social and gender disparities, especially within patriarchal communities, often lead to the neglect of the experiences and testimonies of displaced women.

Conventions, rights and India’s role

1. India’s Refugee History: Since gaining independence, India has welcomed over 200,000 refugees from various groups, establishing itself as a ‘refugee-receiving’ nation.
2. Current Refugee Demographics: As of January 31, 2022, there were 46,000 refugees and asylum-seekers registered with UNHCR India.
3. Gender Distribution: Women and girls constitute 46% of the refugee population in India, highlighting their status as a disproportionately burdened and vulnerable group.
4. Status of Refugees in India: Since independence, India has provided refuge to multiple groups from neighbouring countries. This includes refugees from the Partition in 1947, Tibetan refugees who arrived in 1959, and Chakma and Hajong refugees from Bangladesh in the early 1960s.

The UN Convention on the Rights of Persons with Disabilities (UNCRPD) :

It acknowledges “long-term mental or intellectual impairments that, when combined with various barriers, may impede full and effective participation in society” as “psychosocial disability,” and it guarantees a wide range of rights to those affected. The UNCRPD also recognizes that “women and girls with disabilities face multiple discrimination” and requires measures to ensure their “full and equal enjoyment of all human rights and fundamental freedoms” (Article 6). These guarantees must be provided to everyone without discrimination (Article 5).

The Supreme Court of India has consistently upheld the inherent right to life of refugees under Article 21, which includes the right to health.

India’s Legislative Framework for Refugees

Fundamental Duty: The protection of women and child refugees from violence and harassment by authorities or local residents aligns with the Fundamental Duty outlined in the Constitution.

Foreigners Act of 1946: This act empowers the Central government to identify, detain, and deport illegal foreign nationals.

Passport (Entry into India) Act, 1920: This law allows authorities to forcibly remove illegal foreigners in accordance with Article 258(1) of the Constitution.

Registration of Foreigners Act of 1939: This act requires foreign nationals (excluding overseas citizens of India) on long-term visas (exceeding 180 days) to register with a Registration Officer within 14 days of their arrival.

Citizenship Act, 1955: This act contains provisions for the renunciation, termination, and deprivation of citizenship.

Citizenship Amendment Act, 2019 (CAA): This legislation aims to grant citizenship to Hindu, Christian, Jain, Parsi, Sikh, and Buddhist immigrants fleeing persecution in Bangladesh, Pakistan, and Afghanistan.

Future Directions

1. Review of Model Laws by an Expert Committee: An expert committee could revise the model laws on asylum and refugees created by the National Human Rights Commission (NHRC) decades ago that have not been implemented by the government. If enacted, these laws would offer legal recognition and consistency, ensuring the safeguarding of human rights.
2. Legislative Deterrent: Having domestic legislation on refugees in India could serve as a deterrent against oppressive governments in neighboring countries, preventing them from persecuting their citizens and compelling them to seek refuge in India.

To ensure the implementation of the aforementioned guarantees, it is essential to incorporate refugees with disabilities into relevant policies and programs in an accessible way. Effective policy-making also requires the collection of disaggregated data on their health conditions, necessitating prompt and systematic identification and registration processes.

What remains uncertain is how and when this will be accomplished. In the meantime, the urgent question is whether they must continue to endure their struggles or lose hope and give up.

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