RIGHTS OF REFUGEES

MD AAQUIB

SAHRWARDI

M.S.W 2ND YEAR

REFUGEE

THE TERM “REFUGEE” SHALL APPLY TO ANY PERSON WHO:

“...OWING TO WELL-FOUNDED FEAR OF BEING PERSECUTED FOR

REASONS OF RACE, RELIGION, NATIONALITY, MEMBERSHIP OF A

PARTICULAR SOCIAL GROUP OR POLITICAL OPINION, IS OUTSIDE

THE COUNTRY OF HIS NATIONALITY AND IS UNABLE OR, OWING TO

SUCH FEAR, IS UNWILLING TO AVAIL HIMSELF OF THE

PROTECTION OF THAT COUNTRY; OR WHO, NOT HAVING A

NATIONALITY AND BEING OUTSIDE THE COUNTRY OF HIS FORMER

HABITUAL RESIDENCE AS A RESULT OF SUCH EVENTS, IS UNABLE

OR, OWING TO SUCH FEAR, IS UNWILLING TO RETURN TO IT.”

(ARTICLE 1(A)2, 1951 REFUGEE

CONVENTION )

REFUGEES ARE DEFINED BY THREE BASIC CHARACTERISTICS :

• THEY ARE OUTSIDE THEIR COUNTRY OF ORIGIN OR OUTSIDE

THE COUNTRY OF THEIR FORMER HABITUAL RESIDENCE;

• THEY ARE UNABLE OR UNWILLING TO AVAIL THEMSELVES OF

THE PROTECTION OF THAT COUNTRY OWING TO A WELL-

FOUNDED FEAR OF BEING PERSECUTED; AND

• THE PERSECUTION FEARED IS BASED ON AT LEAST ONE OF

FIVE GROUNDS: RACE, RELIGION, NATIONALITY, MEMBERSHIP

OF A PARTICULAR SOCIAL GROUP, OR POLITICAL OPINION.

• 80 % OF TODAY'S REFUGEES ARE WOMEN AND CHILDREN

• THE CAUSES OF EXODUS HAVE ALSO MULTIPLIED AND NOW

INCLUDE NATURAL OR ECOLOGICAL DISASTERS AND EXTREME

POVERTY.

• AS A RESULT, MANY OF TODAY'S REFUGEES DO NOT FIT THE

DEFINITION CONTAINED IN THE CONVENTION RELATING TO

THE STATUS OF REFUGEES. THIS REFERS TO VICTIMS OF

PERSECUTION FOR REASONS OF RACE, RELIGION,

NATIONALITY, MEMBERSHIP OF A PARTICULAR SOCIAL GROUP

OR POLITICAL OPINION.

UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES

(UNHCR)• IN ITS RESOLUTION 319 A (IV) OF 3 DECEMBER 1949, THE UN

GENERAL ASSEMBLY DECIDED TO ESTABLISH THE OFFICE

OF THE UNITED NATIONS HIGH COMMISSIONER FOR

REFUGEES

• THE OFFICE WAS SET UP AS A SUBSIDIARY ORGAN OF THE

GENERAL ASSEMBLY ON 1JANUARY 1951, INITIALLY FOR A

PERIOD OF THREE YEARS

• THE MANDATE OF UNHCR HAS SINCE BEEN ROUTINELY

EXTENDED FOR SUCCESSIVE PERIODS OF FIVE YEARS

• THE OFFICE IS LOCATED AT GENEVA, SWITZERLAND, AND IS

REPRESENTED IN OVER 100 DIFFERENT COUNTRIES

FUNCTIONS OF UNHCR

• ACCORDING, TO ARTICLE 1 OF THE STATUTE OF THE

OFFICE, THE MAIN TASK OF THE HIGH COMMISSIONER

IS TO PROVIDE INTERNATIONAL PROTECTION TO

REFUGEES AND TO SEEK DURABLE SOLUTIONS FOR

REFUGEES BY ASSISTING GOVERNMENTS TO

FACILITATE THE VOLUNTARY REPATRIATION OF

REFUGEES, OR THEIR INTEGRATION WITHIN NEW

NATIONAL COMMUNITIES. THE HIGH COMMISSIONER'S

FUNCTION IS QUALIFIED AS "ENTIRELY NON-

POLITICAL" AND "HUMANITARIAN AND SOCIAL.“

OTHER TASKS INCLUDES:

PROMOTING THE CONCLUSION AND RATIFICATION OF

INTERNATIONAL CONVENTIONS FOR THE PROTECTION OF

REFUGEES, SUPERVISING THEIR APPLICATION AND

PROPOSING AMENDMENTS;

PROMOTING MEASURES TO IMPROVE THE SITUATION OF

REFUGEES AND TO REDUCE THE NUMBER REQUIRING

PROTECTION;

ASSISTING EFFORTS TO PROMOTE VOLUNTARY

REPATRIATION OR ASSIMILATION WITHIN NEW NATIONAL

COMMUNITIES;

PROMOTING THE ADMISSION OF REFUGEES TO THE

TERRITORIES OF STATES;

INSTRUMENTS ON RIGHTS OF REFUGEES

THE 1951 CONVENTION RELATING TO THE STATUS OF

REFUGEES• THE 1951 CONVENTION DRAFTED AS A RESULT OF A RECOMMENDATION BY

THE UNHCR

• THE CONVENTION SETS THE MINIMUM STANDARDS OF TREATMENT OF

REFUGEES, INCLUDING THE BASIC RIGHTS TO WHICH THEY ARE ENTITLED.

• IT ALSO ESTABLISHES THE JUDICIAL STATUS OF REFUGEES AND CONTAINS

PROVISIONS ON THEIR RIGHTS TO

GAINFUL EMPLOYMENTAND WELFARE

ON THE ISSUE OF IDENTITY PAPERS AND TRAVEL DOCUMENTS

ON THE APPLICABILITY OF FISCAL CHARGES AND

ON THEIR RIGHT TO TRANSFER THEIR ASSETS TO ANOTHER

COUNTRY WHERE THEY HAVE BEEN ADMITTED FOR THE PURPOSES

OF RESETTLEMENT.

1967 PROTOCOL RELATING TO THE STATUS OF REFUGEES

• THE 1951 CONVENTION COULD BENEFIT ONLY PERSONS

WHO HAD BECOME REFUGEES AS A RESULT OF EVENTS

OCCURRING PRIOR TO 1 JANUARY 1951

• THE 1967 PROTOCOL EXTENDED THE APPLICATION OF THE

CONVENTION TO THE SITUATION OF "NEW REFUGEES", I.E.

PERSONS WHO, WHILE MEETING THE CONVENTION

DEFINITION, HAD BECOME REFUGEES AS A RESULT OF

EVENTS THAT TOOK PLACE AFTER 1 JANUARY 1951

OTHER INTERNATIONAL INSTRUMENTS

• THE 1949 FOURTH GENEVA CONVENTION RELATIVE TO THE

PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR : ARTICLE 44 OF

THIS CONVENTION, WHOSE AIM IS THE PROTECTION OF CIVILIAN

VICTIMS, DEALS WITH REFUGEES AND DISPLACED PERSONS. ARTICLE

73 OF THE 1977 ADDITIONAL PROTOCOL STIPULATES THAT REFUGEES

AND STATELESS PERSONS SHALL BE PROTECTED PERSONS UNDER

PARTS I AND III OF THE FOURTH GENEVA CONVENTION.

• THE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS

PERSONS: DEFINES THE TERM "STATELESS PERSON" AS A PERSON WHO

IS NOT CONSIDERED AS A NATIONAL BY ANY STATE UNDER THE

OPERATION OF ITS LAW. IT FURTHER PRESCRIBES THE STANDARDS OF

TREATMENT TO BE ACCORDED TO STATELESS PERSONS.

CONSTITUTION OF INDIA• ARTICLE 51. PROMOTION OF INTERNATIONAL PEACE AND

SECURITY- THE STATE SHALL ENDEAVOUR TO-

(a) PROMOTE INTERNATIONAL PEACE AND SECURITY;

(b) MAINTAIN JUST AND HONOURABLE RELATIONS BETWEEN

NATIONS;

(c) FOSTER RESPECT FOR INTERNATIONAL LAW AND TREATY

OBLIGATIONS IN THE DEALINGS OF ORGANIZED PEOPLES WITH

ONE ANOTHER; AND

(d) ENCOURAGE SETTLEMENT OF INTERNATIONAL DISPUTES BY

ARBITRATION.

• ARTICLE 355. DUTY OF THE UNION TO PROTECT STATES AGAINST

EXTERNAL AGGRESSION AND INTERNAL DISTURBANCE–IT SHALL BE

THE DUTY OF THE UNION TO PROTECT EVERY STATE AGAINST

EXTERNAL AGGRESSION AND INTERNAL DISTURBANCE AND TO

ENSURE THAT THE GOVERNMENT OF EVERY STATE IS CARRIED ON IN

ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION.

RIGHTS OF REFUGEES

RIGHTS OF CHILD REFUGEES

• 1955 CONVENTION ON THE RIGHTS OF CHILDREN

• ARTICLE 13 (1) – FREEDOM OF EXPRESSION, FREEDOM TO SEEK,

RECEIVE AND IMPART INFORMATION AND IDEAS

• ARTICLE 14 (1) – FREEDOM OF THOUGHT, CONSCIENCE AND

RELIGION

• ARTICLE 15 (1) – RIGHT OF FREEDOM OF ASSOCIATION AND

PEACEFUL ASSEMBLY

• ARTICLE 37 (A) – PROHIBITION OF TORTURE AND OTHER CRUEL,

INHUMAN OR DEGRADING TREATMENT

• ARTICLE 37 (B) – PROTECTION OF CHILD AGAINST UNLAWFUL AND

ARBITRARY DEPRIVATION OF LIBERTY. THE ARREST OR DETENTION

SHALL BE IN CONFORMITY WITH LAW AND FOR THE SHORTEST

POSSIBLE DURATION

REFUGEE RIGHTS INCLUDE

• PROTECTION FROM BEING FORCIBLY RETURNED TO A COUNTRY

WHERE THEY WOULD BE AT RISK OF PERSECUTION.

• PROTECTION FROM DISCRIMINATION

• PROTECTION FROM PENALTIES FOR ILLEGAL ENTRY

• THE RIGHT TO WORK, HOUSING AND EDUCATION

• THE RIGHT TO FREEDOM OF MOVEMENT

• THE RIGHT TO IDENTITYAND TRAVEL DOCUMENTS

• RIGHT TO ENJOY ASYLUM

NO ONE SHALL BE SUBJECT TO ARBITRARY ARREST,

DETENTION OR EXILE (UNIVERSAL DECLARATION OF HUMAN

RIGHTS, ARTICLE 9)

EVERYONE HAS THE RIGHT TO SEEK AND TO ENJOY IN

OTHER COUNTRIES ASYLUM FROM PERSECUTION (UNIVERSAL

DECLARATION OF HUMAN RIGHTS, ARTICLE 14)

EVERYONE HAS THE RIGHT TO A NATIONALITY (UNIVERSAL

DECLARATION OF HUMAN RIGHTS, ARTICLE 15)

EVERYONE HAS THE RIGHT TO FREEDOM OF MOVEMENT

AND RESIDENCE WITHIN THE BORDERS OF EACH STATE

(UNIVERSAL DECLARATION OF HUMAN RIGHTS, ARTICLE 13;

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS,

ARTICLE 12)

REFUGEE POPULATION IN INDIA

TIBETAN REFUGEES

• FOLLOWING THE CHINESE INCURSION IN 1951, CHINA

CONTINUED TO PERPETRATE HUMAN RIGHTS VIOLATIONS IN

TIBET

• DALAI LAMA WHO HEADED THE GOVERNMENT - HIS

PERSONAL SECURITY WAS THREATENED AND FORCED TO FLEE

• - FOLLOWED BY AN EXODUS OF TIBETAN PEOPLE UNABLE TO

LIVE UNDER CHINESE OPPRESSION

• IN1959, APPROXIMATELY 80,000 TIBETANS FLED TO INDIA WITH

A STEADY FLOW FILTERING INTO INDIA IN THE YEARS THAT

FOLLOWED

SRI LANKAN REFUGEES

• SRI LANKA HAS BEEN EMBROILED IN CONFLICT BETWEEN THE SRI

LANKAN ARMY AND THE LIBERATION TIGERS OF TAMIL EELAM

(LTTE) WHO ARE FIGHTING FOR INDEPENDENCE FOR THE MINORITY

TAMIL POPULATION

• THE CONFLICT HAS LEFT AS MANY AS 70,000 PEOPLE DEAD AND ONE

MILLION PEOPLE DISPLACED

• TAMILS FROM SRI LANKA HAVE BEEN FLEEING THEIR HOME

COUNTRY FOR INDIA SINCE 1983 WHEN THE CONFLICT BEGAN

• MANY ARE FORCED TO FLEE THE COUNTRY IN ORDER TO ESCAPE

TORTURE, RAPE AND DISAPPEARANCES PERPETRATED BY THE

SECURITY FORCES

• IN JUNE 2007 IT WAS ESTIMATED THAT APPROXIMATELY 18,000 TAMILS

HAD UNDERTAKEN THIS JOURNEY TO TAMIL NADU IN THE PREVIOUS

18 MONTHS

BHUTANESE REFUGEES

• EXPULSIONS OF HINDU NEPALESE WHO FELL FOUL OF THE

CITIZENSHIP ACT BEGAN IN 1988. STREET PROTESTS AND

HUNGER STRIKES TOOK PLACE IN THE SOUTH TO

DEMONSTRATE AGAINST THE MEASURES TAKEN AGAINST THE

HINDU NEPALESE POPULATION.

• AFTER SEVERAL RAIDS AND BOMBINGS, THE BHUTANESE

AUTHORITY ORDERED THE CLOSURE OF LOCAL NEPALESE

SCHOOLS, CLINICS, AND DEVELOPMENT PROGRAMS.

• MANY ETHNIC NEPALESE WERE FORCIBLY EVICTED AND

FORCED TO CROSS THE INDIAN BORDERS INTO ASSAM AND

WEST BENGAL

• THERE REPORT REFUGEE POPULATIONS IN INDIA, 2007 ARE

BETWEEN 15,000 AND 30,000 ETHNIC NEPALIS LIVING IN INDIA

HINDU PAKISTANI REFUGEES

• THE TENSE INTER-COMMUNAL RELATIONS BETWEEN THE HINDU AND

MUSLIM COMMUNITIES IN PAKISTAN HAVE BECOME MORE APPARENT

SINCE THE INDO-PAK WARS OF 1965 AND 1971.

• GROWING INSECURITY AMONGST HINDUS, PARTICULARLY WITH THE

RISE OF RIGHT-WING ISLAMIST GROUPS IN THE COUNTRY CAUSED

MORE HINDUS TO LEAVE FOR INDIA

• AFTER THE DESTRUCTION OF THE BABRI MASJID IN AYODHYA IN 1992,

THE BACKLASH AGAINST THE HINDU POPULATION CAUSED MANY

MORE TO FLEE TO INDIA.

• ROUGHLY 115,000 PEOPLE DISPLACE FROM PAKISTAN HAVE ARRIVED IN

INDIA SINCE 1965 AND MOST HAVE SETTLED IN RAJASTHAN OR

GUJARAT

THANK YOU