Migrants and Refugees – Contemporary Challenges in India’s Foreign Policy

Migrants are individuals who relocate from one place to another, often in search of better economic opportunities, education, or for family reunification. Refugees, on the other hand, flee their home countries due to persecution, war, or violence, seeking asylum elsewhere.

Types of Migrants

• Economic Migrants: Move primarily for job opportunities.
• Forced Migrants: Leave due to conflict, violence, or natural disasters.
• Internally Displaced Persons (IDPs): Forced to leave their homes but remain within their own country.

Global Context

The United Nations High Commissioner for Refugees (UNHCR) was established in 1950 to protect refugees and assist in their resettlement. The global refugee crisis has escalated, with over 26 million refugees worldwide as of 2021. Major sources of refugees include Syria, Afghanistan, and South Sudan, denoting the urgency of international cooperation.

Indian Context

Historical Migration

The partition of India in 1947 resulted in mass migration, creating complex demographic challenges. Subsequent waves of migration occurred due to ethnic conflicts and economic opportunities.

Refugee Population

India hosts a diverse refugee population, including groups from Tibet, Sri Lanka (Tamils), Afghanistan, and Myanmar (Rohingya). Each group presents unique integration challenges.

Legal Framework

India lacks a specific refugee law. Instead, refugees are protected under the Foreigners Act of 1946 and the Citizenship Act of 1955. This legal ambiguity complicates the status and rights of refugees.

Current Challenges

Rohingya Refugees

An estimated 40,000 to 100,000 Rohingya refugees reside in India. They face legal and social challenges, including threats of deportation and limited access to services.

Citizenship Amendment Act (CAA)

Enacted in 2019, the CAA provides a pathway to citizenship for non-Muslim refugees from neighbouring countries. This law has sparked controversy and widespread protests, raising questions about India’s secular fabric.

Economic Impact

Migrants contribute to the economy but often face competition for jobs and resources. This competition can lead to social tensions and resentment among local populations.

International Obligations

1951 Refugee Convention

India is not a signatory to the 1951 Refugee Convention but adheres to some of its principles. The absence of formal commitments limits the protection available to refugees.

Non-Refoulement Principle

This principle prohibits returning refugees to countries where they face threats to life or freedom. India’s adherence to this principle is crucial for refugee protection.

Policy Responses

National Policy on Refugees

India currently lacks a comprehensive national policy on refugees. Responses to refugee situations are often ad-hoc, leading to inconsistent treatment.

State-Level Initiatives

Some state of Indias have developed their own policies to address the needs of refugees and migrants. These initiatives vary , reflecting local contexts and capacities.

Human Rights Issues

Discrimination

Refugees and migrants often face discrimination in accessing services, employment, and legal rights. This marginalisation exacerbates their vulnerabilities.

Social Integration

Integrating refugees into local communities poses challenges. Cultural differences and economic competition can hinder social cohesion.

Role of NGOs

Advocacy and Support

Numerous NGOs provide essential services to migrants and refugees, including legal aid, shelter, and healthcare. Their efforts are vital in addressing immediate needs.

Awareness Campaigns

NGOs also conduct awareness campaigns to highlight the rights and needs of refugees and migrants. These campaigns aim to encourage public empathy and understanding.

Future Trends

Climate Change Migration

Climate change is increasingly recognised as a driver of migration. Vulnerable regions in India may face displacement due to environmental factors.

Policy Reforms

There is potential for more structured policies addressing the rights and integration of migrants and refugees in India. Such reforms could enhance legal protections and social support.

Key Statistics

International Relations Aspect

Bilateral Agreements

India’s relationships with neighbouring countries influence its refugee policies. Diplomatic ties can facilitate or hinder refugee management.

Regional Cooperation

India engages in regional forums to collectively address migration and refugee issues. Such cooperation is essential for a coordinated response to these challenges.