"Rights of Refugees and Internally Displaced Persons with a special reference to South Asian region." International Journal of Humanities and Social Science Invention, Volume 4,Issue 12, Version1, pp-36-52, ISSN No. 2319-7714. (original) (raw)
Related papers
Nizamuddin Ahmad Siddiqui (with Dabiru Sridhar Patnaik), ‘Problems of Refugee Protection in International Law: An Assessment through the Rohingya Refugee Crisis in India’ 14 (1) (2018) Socio-Legal Review 1, 2018
The present article deals with the problems of refugees under international law. The purpose is two-fold – to understand the legal framework for the protection of refugees and to understand the manner in which the international legal framework is adopted by States in their domestic jurisdictions. The limitation of international law in addressing the refugee problem is highlighted through ‘contestations’ and ‘ fault-lines’. It is argued that such contestations and fault-lines exist in the manner in which conceptions like sovereignty, nationality, territoriality, jurisdiction, and legal obligation are clothed and implemented in the international legal discourse. The example of Rohingya refugee crisis from India is employed to contextualise the discussion. Some notable developments towards the construction of a more robust regime for refugee protection under international law have also been highlighted in the last section.
The Protection of Refugees in Southeast Asia
Routledge, 2022
This book offers a comprehensive and detailed analysis of refugee protection in Southeast Asia from an international law perspective. It examines both the legal and policy frameworks pertaining to the protection of refugees in the region as well as the countries’ response to refugee movements from the Indochinese refugee crisis in the mid-1970s to the most recent developments. It covers important aspects of refugee protection, such as access to territory, non-refoulement, the treatment of refugees, the concept of refugee as applied in the region, burden-sharing and durable solutions to the plight of refugees. The analysis focuses specifcally on the main countries of asylum within the Association of Southeast Asian Nations that are not parties to the 1951 Refugee Convention, namely Thailand, Malaysia and Indonesia. Using an international law perspective based on the doctrine of the ‘two elements’ (practice and opinio juris), the author argues that these states have long recognized that people feeing persecution, armed confict and generalized violence, namely refugees, should be protected. This in turn demonstrates that they recognize the existence and relevance of the international refugee regime despite their refusal to accede to the Refugee Convention. Offering a different perspective on the links between international refugee law and refugee protection in Southeast Asia, this book will be of interest to researchers and practitioners in the felds of international relations, international refugee law, international human rights law, migration governance and Southeast Asian Studies.
Abstract The refugee crisis is a problem that is reaching calamitous stage in the world at present. The escalation of internal conflicts in States, often with the intervention of other States, can lead to an exodus of refugee flows. These refugees, thereafter, become a massive burden to host states. The Syrian refugee crisis is one such major crisis affecting the world today. Although less in proportion, the Sri Lankan refugee crisis is by no means a minor issue. The number of refugees seeking voluntary repatriation is significantly less than the number who opt to stay even temporarily in refugee camps in countries such as India. Most often such refugees tend to seek greener pastures in countries such as Australia. The United Nations High Commissioner for Refugees (UNHCR) being the principal organ established for the welfare of refugees is foremost in promoting international humanitarian law towards safeguarding the rights of refugees. Even though a number of key international humanitarian law mechanisms exist for the protection of refugee rights, most often than not the best interests of States tend to prevent their full implementation. Strong policy recommendations and a comprehensive legal framework that deals with the rights and obligations of refugees must be established in order to effectively address the refugee crisis. The focus of this thesis remains to promote such policy recommendations, and propose new measures that may be taken to address this issuAbstract The refugee crisis is a problem that is reaching calamitous stage in the world at present. The escalation of internal conflicts in States, often with the intervention of other States, can lead to an exodus of refugee flows. These refugees, thereafter, become a massive burden to host states. The Syrian refugee crisis is one such major crisis affecting the world today. Although less in proportion, the Sri Lankan refugee crisis is by no means a minor issue. The number of refugees seeking voluntary repatriation is significantly less than the number who opt to stay even temporarily in refugee camps in countries such as India. Most often such refugees tend to seek greener pastures in countries such as Australia. The United Nations High Commissioner for Refugees (UNHCR) being the principal organ established for the welfare of refugees is foremost in promoting international humanitarian law towards safeguarding the rights of refugees. Even though a number of key international humanitarian law mechanisms exist for the protection of refugee rights, most often than not the best interests of States tend to prevent their full implementation. Strong policy recommendations and a comprehensive legal framework that deals with the rights and obligations of refugees must be established in order to effectively address the refugee crisis. The focus of this thesis remains to promote such policy recommendations, and propose new measures that may be taken to address this issue successfully. Key words: refugees, Sri Lanka, Syria, UNHCR, international humanitarian law.e successfully. Key words: refugees, Sri Lanka, Syria, UNHCR, international humanitarian law.
The Protection of Refugees and Displaced Persons under International Law
The research paper explores the complex network of global legal measures designed to protect refugees and individuals who have been forced to leave their homes. The research carefully analyses the important rules, tools, and systems established in global law to protect the rights and welfare of people forced to leave their homes because of persecution, conflict, or humanitarian emergencies. This paper aims to shed light on the rights and responsibilities concerning refugees and displaced individuals worldwide by examining relevant treaties, conventions, and case law. The paper examines the effectiveness of current methods in addressing the difficulties encountered in maintaining these safeguards. The research helps us understand the complex problem of protecting refugees and displaced people, and it can guide future academic and policy work.
Owing to the complexity of societies and the increased contact which comes with intensified relations in our globalized world, the need for rules become necessary for the promotion of international cooperation and development and the avoidance of conflict and chaos. More so, the conflicts and wars stemming from the relationship between countries leave in their wake problems like refugee crises that international law necessarily has to try to handle. The mandate of international law is thus to promote and protect human rights at the international, regional and domestic level. This study examines the relevance of international law in protecting the right of refugees through the use secondary sources of data. The study underscores the fact that through the instrumentality of modern refugee law, which has its origin in the aftermath of the 2 nd world war, countries have been granting protection to individuals and groups fleeing persecution for centuries as refugees. These elaborate legal frameworks were examined using the liberal theory of international relations. The study found that despite the existence of the international refugee regime, a lot still needs to be done since states as the primary enforcers of refugee laws are reluctant to adhere and observe these rules to the letter. Similarly, the study also discovered that factors like the changing nature of the conflict, bourgeoning number of refugees and legal and operational difficulties in the definition of refugees have served as obstacles that have made it difficult for states to dispense their responsibilities under the extant regime. In closing, the study recommends measures like good governance and that more specific definition of states responsibility with respect to refugees and support for states that are confronted with a large number of refugees.
The Government of India has dealt with refugee issues as an integral part of bilateral relations with neighbouring states. The importance of administrative discretion in the government’s dealings with refugees is therefore governed by the practical consideration of relations between states. However, this administrative discretion has been exercised in broad consonance with international refugee law norms. The Indian government believes that even in the absence of refugee specific legislation and in spite of being a non-signatory to the principal refugee conventions, adequate protection to refugees is being provided a generous asylum policy and administrative structure. However, by not differentiating refugees from other aliens in the country gaps in their protection occur – particularly with regard to asylum seekers that enter the country illegally and with regard to the equitable regulation of their stay in the country. Under the current framework, no system of protection exists for such asylum seekers and if it was not for the intervention of a third party, these persons might have run the serious risk of being refouled at the expiry of their initial stay permits. A legislative framework would clearly be beneficial in sealing these lacunae in the protection of refugees. The experience of resolving the problem of the stateless persons of Indian origin in Sri Lanka indicates the importance of recognizing the inter-connectedness of refugee problems and solutions in the region. The Draft Regional Declaration on Refugees in South Asia is therefore a very useful first step in this regard. Repatriation of refugees under bilateral arrangements without full involvement of UNHCR can always be questioned. In the bilateral arrangement, despite the best of intentions of the country of origin and the host country, doubts about the voluntary aspect of the repatriation can always be raised and it can always be said that the refugees have been forced to repatriate contrary to the principal of non-refoulement. Therefore, full involvement of UNHCR is a necessary prerequisite in any refugee repatriation situation. The role of the UNHCR from a passive facilitator to that of active promoter has emerged in view of the complex refugee situation, the demands of the international community, overburdened host countries and in certain situations, the refugees themselves due to miserable life in the camps in the host countries. Its role as an active promoter has evolved over time and the international community has accepted it and now there is no possibility of going back. Refugee repatriation as a concept and process has evolved over the years and helped in finding durable solution for millions of refugees. This is the solution, which needs to be pursued vigorously with the cooperation of all concerned. It will require intense involvement and commitment of the country of origin, the country of asylum and the international community. The international community has also to address the causes of the refugee flow and adopt a pro-active role to bring about peace and reconciliation. Adequate and timely reintegration assistance plays a very important role in the successful repatriation and therefore, should get the due attention of the international community.
Abstract The refugee crisis is a problem that is reaching calamitous stage in the world at present. The escalation of internal conflicts in States, often with the intervention of other States, can lead to an exodus of refugee flows. These refugees, thereafter, become a massive burden to host states. The Syrian refugee crisis is one such major crisis affecting the world today. Although less in proportion, the Sri Lankan refugee crisis is by no means a minor issue. The number of refugees seeking voluntary repatriation is significantly less than the number who opt to stay even temporarily in refugee camps in countries such as India. Most often such refugees tend to seek greener pastures in countries such as Australia. The United Nations High Commissioner for Refugees (UNHCR) being the principal organ established for the welfare of refugees is foremost in promoting international humanitarian law towards safeguarding the rights of refugees. Even though a number of key international humanitarian law mechanisms exist for the protection of refugee rights, most often than not the best interests of States tend to prevent their full implementation. Strong policy recommendations and a comprehensive legal framework that deals with the rights and obligations of refugees must be established in order to effectively address the refugee crisis. The focus of this thesis remains to promote such policy recommendations, and propose new measures that may be taken to address this issue successfully. Key words: refugees, Sri Lanka, Syria, UNHCR, international humanitarian law.