India’s ad-hoc refugee policy is evident in the stark contrast between support for Tibetan and Sri Lankan refugees, underscoring the urgent need for a rights-based, inclusive framework.

Refugee in India

• Defined by the 1951 Refugee Convention: A refugee is primarily defined in international law by the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol.
• Reasons for Fleeing: According to the Convention, a person is a refugee if they are outside their country of nationality (or habitual residence, if stateless) and have a “well-founded fear of being persecuted” for reasons of race, religion, nationality, membership of a particular social group, or political opinion. 
• Involuntary Flight: A fundamental characteristic is that no one chooses to be a refugee willingly. They are forced to flee to seek safety and protection from life-threatening situations or persecution.

Events Reflecting the Precarious Position of Refugees

• Supreme Court ‘Dharamshala’ Remark: This remark from the Supreme Court was linked to a UAPA convict who was wanting to stay in India. The Court’s statement underscored that India is not a “dharamshala” (a free shelter) for refugees from all over the world.
• Detention of a Returning Refugee in Sri Lanka: This event involved the detention of a returning refugee in Sri Lanka, despite the involvement and assistance of UNHCR.

Sri Lankan vs. Tibetan Refugees in India

• Sri Lankan Refugees: Approximately ~90,000 Sri Lankan refugees are in Tamil Nadu. They arrived between 1983 and 2012 due to the civil war in Sri Lanka.
• Tibetan Refugees: Approximately ~63,170 Tibetan refugees are in India. They fled in 1959 due to the Chinese occupation of Tibet.
• Disparity in Policy Support: Tibetans generally enjoy better policy support than Sri Lankan refugees in India.
• Sri Lankan Refugees:
  • Temporary Shelters: Primarily housed in rehabilitation camps, reflecting a temporary living arrangement.
  • Focus on Repatriation: The policy emphasis has largely been on their repatriation to Sri Lanka.
• Tibetan Refugees: 
  • Local Integration: Encouraged towards local integration into Indian society.
  • TRP 2014 Support: The Tibetan Rehabilitation Policy (TRP) 2014 ensures long-term support and welfare measures.
• No Parity in Policy: There is a clear lack of parity in India’s refugee policy towards these two groups, highlighting an ad-hoc and inconsistent approach.

Tibetan Rehabilitation Policy (TRP) 2014

• Objective: The primary objective of the TRP 2014 is the productive engagement of Tibetans in Indian society.
• Benefits: The policy provides Tibetans with access to various opportunities, including:
  • MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act)
  • Private jobs
  • Higher education
  • Skills training
• Integration: As a result of these provisions, Tibetans are integrated into the legal and economic systems within India.

Need for Policy for Sri Lankan Refugees

• Larger Numbers, Less Support: Sri Lankan refugees are larger in number than Tibetans but lack similar support.
• Low Employment for Graduates: Only 5% of approximately ~500 engineering graduates find jobs.
• Discrimination: They face discrimination due to the ‘refugee’ tag and legal ambiguities.

Consequences of Long Stays in Camps

• Decades in Camps: 40 years in camps leads to a profound state of dependence and exclusion.
• Loss of Self: This prolonged displacement results in a loss of self-respect, an identity crisis, and societal alienation.
• Sadako Ogata’s Quote: As famously stated by Sadako Ogata, a refugee retains dignity despite loss.
• Beyond Material Aid: This highlights the crucial need to recognize and preserve the inherent human dignity of refugees, even amidst their profound losses and challenging circumstances.

Durable Solutions for Refugees

• Repatriation: This refers to the safe, voluntary, and dignified return of refugees to their country of origin.
• Local Integration: This involves refugees being granted legal rights, access to jobs, and social acceptance within the host country, allowing them to rebuild their lives there.
• Key Stakeholders Involved: The major stakeholders in finding and implementing durable solutions for Sri Lankan refugees include: India, Sri Lanka, UNHCR, Tamil Nadu, and society (referring to the broader community in India).

Role of India in Hosting Refugees

• Long History of Asylum: India has a long and rich historical tradition of offering refuge to those fleeing persecution and distress.
  
• Diverse Refugee Groups: This tradition is evidenced by its acceptance of various communities over centuries, including:
  • Parsis: Who fled religious persecution from Persia (Iran) centuries ago.
  • 1971 Bangladeshis: Millions of refugees from East Pakistan (now Bangladesh) sought shelter in India during the 1971 Liberation War.
  • Tibetans: Who fled due to the Chinese occupation of Tibet starting in 1959.
  • (Though not explicitly in your text, India also hosts refugees from Afghanistan and Myanmar, among others).
• ‘Atithi Devo Bhava’ Spirit: This welcoming approach is often attributed to the deep-rooted Indian cultural ethos of ‘Atithi Devo Bhava’, which means “The Guest is God.” This philosophy underscores treating guests with utmost respect and hospitality.
• Enhanced Soft Power: India’s consistent willingness to host and, in many cases, integrate refugees has significantly enhanced its soft power and global standing.
  • It showcases India’s humanitarian values and its historical commitment to providing sanctuary, reinforcing its image as a compassionate nation on the world stage.

Global Refugee Crisis

• Syria: Millions displaced since the 2011 civil war.
• Rohingyas: Stateless Muslims from Myanmar; they fled to Bangladesh.
• UN Statement: The United Nations (UN) highlights that millions globally are displaced, emphasizing the urgent need for solidarity.

Refugee Management

• Identity Verification: Identity verification is crucial for effective refugee management.
• Risks: There are significant risks of social tension and political misuse associated with refugee populations.
• Solutions: Key solutions include the use of biometrics, provision of skill training, and fostering cultural integration.

Desired Sri Lankan Refugee Policy

• Modeled on TRP: The proposed Sri Lankan Refugee Policy for 2024 is modeled on the Tibetan Rehabilitation Policy (TRP) 2014.
• Legal Clarity and Economic Access: It aims to provide legal clarity on rights, including job eligibility, and facilitate work permits.
• Social Integration: The policy also includes provisions for community engagement, language, and cultural orientation.

Conclusion

India’s refugee approach reflects both humanitarian traditions and policy inconsistencies. While Tibetan refugees benefit from structured support, Sri Lankan refugees remain in limbo due to legal and economic neglect. A rights-based, inclusive policy modeled on TRP 2014 is vital to ensure dignity, integration, and long-term stability.

DOWNLOAD PDF