Context: 

World Refugee Day (June 20) is a time to honor the courage and resilience of the forcibly displaced individuals worldwide.

About UN Refugee Convention 1951:

• Definition:
  • Refugee: A person who is outside his/her country of nationality or habitual residence; fears persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution. 
• Outlines a refugee’s rights such as freedom of religion and movement, the right to work, education and accessibility to travel documents.
• Principle of Refoulement: Refugees should not be returned (refouled) to a country where he/she fears persecution. 
• It builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. 
• UNHCR serves as the guardian of the 1951 Convention and its 1967 Protocol. 
• Countries that have ratified the Refugee Convention are obliged to protect refugees that are on their territory, in accordance with its terms. 

Protocol Relating to the Status of Refugees, 1967: 

• Under the 1951 Convention, mainly Europeans involved in events occurring before 1 January 1951 could apply for refugee status. 
• The 1967 Protocol removed these geographical and temporal restrictions.
• India has signed neither the 1951 United Nations Refugee Convention nor its 1967 Protocol. 
• As of 20 January 2020, there were 146 parties to the Convention, and 147 to the Protocol. 
• Madagascar and Saint Kitts and Nevis are parties only to the Convention, while Cape Verde, the United States of America and Venezuela are parties only to the Protocol. 
• However, India continues to host a large population of refugees. 
• The Convention also sets out which people do not qualify as refugees. e.g War criminals.

Challenges with the Refugees:: 

• Social consequences of permitting refugees:
  • Refugees might create an identity crisis with the indigenous people. For example, the refugees from Bangladesh currently in Assam and Arunachal threatens to overtake the indigenous population of the region. 
• Difficult to identify and deport them back, to their country after a few years. 
  • For example, the illegal migrants from Bangladesh and Rohingya refugees entered through North-East. But later they spread to all other states, like Haryana, Kerala, Telangana and UTs like Jammu and Kashmir, Delhi, etc. Identifying them among more than a billion Indians is a great challenge. 
• Economic consequence of permitting refugees
  • Increased financial responsibility of the state. 
  • Decreases wage level and replaces the native people. 
• Political consequence of permitting refugees:
  • Issue of illegal Voting: The illegal migrants avail the benefits, and procure Illegal national identity cards such as voter id. By procuring that, they also vote in elections and influence the outcome. 
  • Issue of Terrorism: These refugees, since not accepted by governments, are vulnerable to join Pakistani based terror outfits for work and revenue. 

Way Forward:

• Enactment of a National Asylum Law: This law should clearly define the criteria for recognizing asylum seekers and refugees and outline their rights and duties. 
  • It should also incorporate the principle of non-refoulement, which prohibits the return of individuals to a country where they may face persecution.
• Establishment of a National Commission for Asylum: To ensure a fair and transparent process for handling asylum applications, a National Commission for Asylum should be constituted. 
  • This commission would be responsible for receiving and deciding on all asylum applications, providing an independent and impartial assessment of each case.
• Collaboration with International Community: India should actively engage with the international community and collaborate with relevant organizations, such as the United Nations High Commissioner for Refugees (UNHCR), to seek guidance and support in managing refugee issues. 
• Reviewing and Updating Existing Laws: Existing laws related to foreigners and immigration, such as the Foreigners Act, 1946, Citizenship Act, and Passports Act, should be reviewed and updated to align with international standards and the provisions of the National Asylum Law. 
• Supreme Court Judgement: In 1996, the SC ruled that the state has to protect all human beings living in India, irrespective of nationality, since they enjoy the rights guaranteed by Articles 14, 20 and 21 of the Constitution to all, not just Indian citizens.

News Source: The Hindu

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