Legal Status of the Refugees in India

Abstract

India is not party to the 1951 Refugee Convention or its 1967 Protocol and does not have a national refugee protection framework. However, it continues to grant asylum to a large number of refugees from neighbouring States and respects UNHCR's mandate for other nationals, mainly from Afghanistan and Myanmar. While the Government of India deals differently with various refugee groups, in general it respects the principle for holders of UNHCR documentation.For some time now, India's concerns about security have had a more restrictive impact on asylum space in the country. Mixed migration flows have further complicated the identification and protection of refugees and UNHCR has significantly modified and increased its registration activities to cope with this and provide the necessary support to the Government. In the absence of a national legal and administrative framework, UNHCR, based in New Delhi, conducts refugee status determination (RSD) for asylum-seekers from non-neighbouring countries and Myanmar. UNHCR also has a presence in Chennai, Tamil Nadu in the south to support the voluntary repatriation of Sri Lankan refugees. Although India has a large population of stateless people, no accurate estimates of the number are available. UNHCR is working to identify and map stateless groups.The Government of India's approach to refugee issues results in different standards of protection and assistance among refugee groups. Tibetans and Sri Lankan refugees are protected and assisted by the Government, while UNHCR is directly involved with groups arriving from other countries (notably Afghanistan and Myanmar). Holders of documentation provided by UNHCR are able to obtain temporary residence permits from the authorities. However, the rise in the number of these refugees and asylum-seekers has not been accompanied by a commensurate increase in resources, compelling UNHCR to find innovative ways to meet both existing and emerging protection needs. Refugees and asylum-seekers often live in poverty, dispersed in urban areas, where they can face violence and exploitation. They do not have the legal right to work, but are able to find low-paid employment in the informal job market. Women and children appear to be at increasing risk of gender-based violence, partly as a result of sharing living space with strangers, due to rising accommodation costs. The number of unaccompanied minors approaching UNHCR has risen sharply. Child labour among refugee and asylum-seeking children is not uncommon, and is a serious protection concern. The number of refugees considering return to Sri Lanka is gradually increasing. Individual voluntary repatriation assistance is provided pending the establishment of organized return movement.