India’s Refugee Policy: Issues and Concerns
Keywords:
refugee, international relations, human rightsAbstract
The Global refugee regime has its origins in the Inter-War years. “In the aftermath of the First
World War, the League of Nations High Commissioner for Refugees (LNHCR) did not
represent a formal treaty-based regime but tried to develop ad hoc solutions to human
displacement.1
In contrast, the post-Second World War era has led to the development of a
formal, treaty-based regime with a surveillance mechanism. The contemporary regime is based
on, the 1951 Convention on the Status of Refugees, which defines who qualifies as a refugee
and the rights to which refugees are entitled.2 According to the 1951 Convention, refugees are
persons who, “owing to a well-founded fear of persecution on the grounds of race, religion,
nationality, or membership of a social group or political opinion, are outside the country of
their nationality”. They are people who flee their country because of human rights abuses or
conflict. They are therefore in need of what is referred to as ‘international protection’. Given
that their own state is unable or unwilling to ensure their access to their basic rights, they need
to seek them from another state or from the wider international community. The preamble of
the 1951 Refugee Convention puts emphasis on international cooperation to provide base for
an effective refugee regime. The Convention encompasses the rules, norms, principles, and
decision-making procedures that govern states’ responses to refugees.
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