A POCKET GUIDE TO REFUGEES - UNHCRtion) is completed. In most countries, this could be a lengthy...

A POCKET GUIDE TO

REFUGEES

External Relations PublicationUNHCR, New Delhi

May 2008

Refugees: A Common Concern 5

Definitions and Conventions 11

About UNHCR 33

UNHCR in India 61

Contents

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Third Edition: May 2008Second Edition: September 2004First Edition: April 2004

Photographs UNHCR Geneva (Media Library)UNHCR India (Sohail Akbar,

Nayana Bose)

“There is no greater sorrow on earth than the loss of one’snative land” – Euripides

The word refugee is evocative, powerful even. Images offleeing populations struggling with their “belongings”desperately crossing borders, images of refugee camps,with women trudging with water or children waiting tobe fed and images of injured people being cared for, areonly some of those that come to mind. Images of 1947and the Partition of India, of trainloads of refugees arriv-ing from Pakistan or millions crossing in human con-voys, also come to mind.

Emotions aside, the word refugee has a specific defini-tion, with legal and social implications. Refugees areentitled to international protection, which guaranteesbasic human rights. Those who migrate for purely eco-nomic reasons are not refugees. Individuals who havecommitted crimes against humanity, crimes againstpeace or war crimes are not recognised as refugees.This publication will explain the differences betweenasylum seekers, refugees, migrants and internally dis-placed people. It will elaborate on the definition in the

Refugees:A Common Concern

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A POCKET GUIDE TO REFUGEES

1951 UN Convention and others. It will expand on therole of the United Nations High Commissioner forRefugees (UNHCR) with particular reference to itsmandate in India.

This publication is intended to be a pocket guide formedia persons, students, activists and others interestedin refugee issues. It is not a legal guide and is intention-ally written for the general public. Divided broadly intothree sections, the first section will focus on the defini-tions and conventions; the second section will focus onUNHCR and its mandate, and the last section will focusexclusively on UNHCR in India.


ASYLUM SEEKER

Anyone fleeing from his or her own country seekingsanctuary in another state, is an asylum seeker. Asylumseekers have the right to receive legal protection untilthe process of verification (refugee status determina-tion) is completed. In most countries, this could be alengthy process.

REFUGEES

A refugee is a person who has fled his/her country owingto well-founded fear of being persecuted for reasons ofrace, religion, nationality, membership of a particularsocial group or political opinion, is outside the country ofhis/her nationality, and is unable or, owing to such fear isunwilling to avail himself/ herself the protection of thatcountry. UN Convention relating to the Status ofRefugees, 1951.

The 1951 Geneva Convention relating to the Status of

Part I

Definitions and Conventions

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through the 1951 Convention is based on the grant ofasylum, the recognition of refugee status and the princi-ple of non-refoulement. Article 33 of the Convention/Protocol explains non-refoulement: “No contractingstate shall expel or return (refouler) a refugee in anymanner whatsoever to the frontiers of the territorieswhere his life or freedom would be threatened onaccount of his race, religion, nationality, membership ofa particular social group or political opinion.” Non-refoulement or no forcible return is a cardinal principleof refugee law.

The 1951 Convention and its 1967 Protocol remain themost important, and the only universal instruments ofrefugee law. As of December 2007, a total of 147 stateshave acceded to one or both of the UN instruments.

Some common questions on the Convention includethe following:

What is contained in the 1951 Convention?It defines what the term ‘refugee’ means. It outlines arefugee’s rights including freedom of religion and move-ment, freedom from being penalised for illegal entryand being deported unless certain conditions are met,the right to work, education and accessibility to traveldocuments, but it also underscores a refugee’s obliga-tions to a host government. A key provision stipulates

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Refugees, clearly spelt out for the first time who a refugeeis and the kind of legal protection, other assistance andsocial and economic rights he or she should receive fromcountries which have signed the Convention. In short,refugee status is based on five grounds: a well-foundedfear of persecution that is a threat to life or liberty,because of race, religion, nationality, membership of aparticular social group, and or political opinion. Equally,it defined a refugee’s obligations to host governments andcertain categories of persons, such as war criminals, whodo not qualify for refugee status. It spelt out a set of basichuman rights which should be at least equivalent tofreedoms enjoyed by foreign nationals living legally in agiven country and in many cases, those of citizens ofthat state. It recognised the international scope ofrefugee crises and the necessity of international co-operation, in tackling the challenge.

The Convention was limited to protecting mainlyrefugees in the aftermath of World War II, but a 1967Protocol expanded the scope of the Convention as theproblem of displacement spread around the world. Itremoved the geographical and time limitations writteninto the original Convention under which mainlyEuropeans involved in events occurring before 1 January1951, could apply for refugee status.

In practice, the international protection of refugees

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firmed in its Declaration, the validity of the 1951Convention and pledged to meet their obligations andto uphold the values and principles embodied in theConvention and its Protocol.

Can the Convention resolve refugee problems?People become refugees, either on an individual basisor as part of a mass exodus, because of political, reli-gious, military and other problems in their homecountry. The Convention was not designed to tacklethese root causes, but rather to alleviate their conse-quences by offering victims a degree of internationallegal protection and other assistance and eventually tohelp them begin their lives anew. The Convention ismeant as a tool for international solidarity and forsharing the responsibility of hosting refugees.Protection can contribute to an overall solution, but asthe number of refugees increased dramatically inrecent decades, it has become clear that humanitarianwork cannot act as a substitute for political action inavoiding or solving future crises.

Is a Convention signatory required to give permanentasylum to all refugees?The Convention does not provide automatic or perma-nent protection to all refugees. There will be situationswhere refugees will integrate permanently in their coun-try of asylum, but alternatively a person may cease to be

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that refugees should not be returned, or refouled, to acountry where he or she fears persecution. It also spellsout people or groups of people who are not covered bythe Convention.

Who protects refugees?Host governments are primarily responsible for protect-ing refugees and states party to the Convention and/orthe Protocol are obliged to carry out its provisions. TheUN Refugee Agency, UNHCR ensures implementationof convention obligations in countries that have signedthe Convention and ensures that bona fide refugees aregranted asylum and are not forcibly returned to coun-tries where their lives may be in danger.

Is the Convention still relevant for the new millennium?Yes. It was originally adopted to deal with the aftermathof World War II in Europe and growing East-West politi-cal tensions. But though the nature of conflict andmigration patterns have changed in the interveningdecades, the Convention has proved remarkablyresilient in helping to protect an estimated 50 millionpeople in all types of situations. As long as persecutionof individuals and groups persists, there will be a needfor the Convention.

In December 2001, the Ministerial Meeting of StatesParties to the 1951 Convention and/or its Protocol, reaf-

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adopted the 1951 definition of a refugee and expandedit to include “every person who, owing to externalaggression, occupation, foreign domination or eventsseriously disturbing public order in either part or thewhole of his country of origin or nationality, is com-pelled to leave his place of habitual residence in order toseek refuge in another place outside his country of ori-gin or nationality.”

Similarly, reflecting regional needs and priorities inLatin America, the Cartagena Declaration on Refugeesadopted by the Colloquium of the InternationalProtection of Refugees in Central America, Mexico andPanama in 1984 elaborated the definition of refugeesto include “among refugees persons who have fled theircountry because their lives, safety or freedom have beenthreatened by generalised violence, foreign aggression,internal conflicts, massive violation of human rights orother circumstances which have seriously disturbedpublic order.” The Cartagena Declaration remains thefirst document in Latin America to establish guidelinesfor states with mass inflows of refugees. It was also thefirst international declaration recognising that the vic-tims of massive human rights violations deservedrefugee status.

In Asia, the Bangkok Principles promulgated under the auspices of Asian-African Legal Consultative

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a refugee when the basis for his or her refugee statusceases to exist.

Can non-Convention countries refuse to admit asylumseekers?The principle of non-refoulement – the forcible return ofpeople to countries where they face persecution – is partof customary international law and is binding on allstates. It takes into account the principle of non-rejec-tion at the border. Therefore, all governments shouldensure asylum seekers have genuine access to have theirclaims heard.

Does the very fact of accession to the Convention providea ‘pull’ factor for increasing numbers of asylum seekers?No. Some states hosting the largest refugee populationsare not parties to refugee instruments. Geopolitical con-siderations or family links play a more crucial role as faras destination is concerned.

Regional ConventionsThe definition of a refugee in the Convention is basedon individual persecution and does not focus on extra-neous factors. In 1969, reflecting the realities of Africaduring a period of struggle for self-determination andnational development, the Organisation of AfricanUnity (OAU) adopted the Convention Governing theSpecific Aspects of Refugee Problems in Africa. It

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vii. The right to public education

Cessation of Refugee StatusThere are circumstances when a person, recognised as arefugee, may no longer qualify to be classified as such.The 1951 Convention stipulates that a person ceases tobe a refugee if:i. He or she has voluntarily re-availed himself or her-

self of the protection of the country of his or hernationality

ii. Having lost his or her nationality, he or she has vol-untarily re-acquired it

iii. He or she has acquired a new nationalityiv. He or she has voluntarily re-established himself or

herself in the country which he or she leftv. The circumstances in connection with which he or

she has been recognised as a refugee have ceased toexist, and he or she can no longer continue to refusethe protection of the country of his or her nationality

vi. He or she is without a nationality, but because cir-cumstances in connection with which he or she hasbeen recognised as a refugee have ceased to exist, isnow able to return to his or her country of formerhabitual residence

Exclusion: When a person cannot be given refugee statusThe exclusion clause of the 1951 Convention is meant toensure the integrity of refugee protection by excluding

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Organisation (AALCO 1966, revised in 2001) provide arefugee definition that takes into account the specifies ofthe Asia/Africa region based on wider parameters.Expanding on the Convention, OAU and Cartagena defi-nitions, the Bangkok Principles also include in the defini-tion of refugees, persons who have a well founded fear ofpersecution due to colour, ethnic origin and gender. TheBangkok Principles also clearly state that “the lawfuldependants of a refugee shall be deemed to be refugees.”

Refugee RightsRefugees have certain rights under the 1951 Conventionand 1967 Protocol. However, even in countries that havenot signed the Convention/Protocol, these rights are byand large, respected as they maybe part of a nationallegislation on refugees in those countries, or guaranteedin the Constitution of that country. In brief, the rights ofrefugees include:i. The right not to be returned to a county where they

are likely to face persecution (the principle of non-refoulement)

ii. The right not to be expelled, except under certainstrictly defined conditions

iii. Exemption from penalties for illegal entry into theterritory of a contracting state

iv. Freedom of religion and free access to courtsv. Freedom of movementvi. The right to identity papers and travel documents

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civil war and external aggression. The crucial differenceis that they do not cross an international border - IDPsremain within their own territory and therefore are stillsubject to the laws of their country. They are still in prin-ciple, however not always in practice, protected by theirgovernment, albeit in a different part of the country.

Internally Displaced Persons often face a much moredifficult and hazardous future. Their principal source oflegal protection and material assistance is their owngovernment which may, however, view the displacedwith caution or as ‘enemy sympathisers’ in a civil con-flict and which may be in no position anyway to offeremergency food, medicine or shelter. There are also sit-uations where the governments may have no controlover a geographic area and therefore cannot provideprotection to its own citizens.

In 1992 Sudanese lawyer and diplomat Francis M. Dengwas appointed to the newly-created post of SpecialRepresentative of the UN Secretary-General forInternally Displaced Persons, a recognition that thisgroup of disenfranchised people needed protection.One of Deng’s first tasks was to look at all existinghuman rights, refugee and humanitarian laws and otherinstitutional arrangements and determine how thesecould be better employed to help the displaced. Hecame up with the Guiding Principles on Internal

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from its coverage persons who do not deserve to berecognised and protected as refugees. It reassures gov-ernments that persons not deserving of refugee statuswill not be recognised as such, even though they mayhave a well-founded fear of persecution. The exclusionclause applies to people who have committed a crimeagainst peace, a war crime or crime against humanity, ora serious non-political crime outside the country ofrefuge prior to admission to that country as refugees; orthey have been guilty of acts contrary to the purposesand principles of the United Nations.

The exclusion clause also applies to persons alreadyreceiving protection or assistance from agencies of theUN, other than UNHCR. Examples are certain cate-gories of Palestinians, who are helped by the UnitedNations Relief and Works Agency for Palestine Refugeesin the Near East (UNRWA). Lastly, the exclusion clauseapplies to persons who are not considered to be in needof international protection because they are in a coun-try where they have been granted most of the rights nor-mally enjoyed by nationals, short of formal citizenship.

INTERNALLY DISPLACED PERSONS (IDPs)

Internally displaced persons (IDPs) often flee for thesame reasons that refugees do: political persecution,religious persecution, massive human rights violations,

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tional human rights, international humanitarian lawinstruments and rights granted to persons undernational laws. The principles emphasise the responsibil-ity to governments to protect its citizens, and when itcannot, to allow the international community to do so.There are three distinct phases of internal displacement:pre-displacement, displacement and post-displace-ment. The principles cover all three phases. Principle 6(1) for example, refers to the pre-displacement phase:“Every human being shall have the right to be protectedagainst being arbitrarily displaced from his or her homeor place of habitual residence.”

Principle 15, for example refers to the period during dis-placement. It reaffirms that: internally displaced per-sons have: (a) The right to seek safety in another part ofthe country; (b) The right to leave their country; (c) Theright to seek asylum in another country; and (d) Theright to be protected against forcible return to or reset-tlement in any place where their life, safety, libertyand/or health would be at risk.”

Principle 28 (1), for example, refers to the period post-displacement. It says that “Competent authorities havethe primary duty and responsibility to establish condi-tions, as well as provide the means, which allow inter-nally displaced persons to return voluntarily, in safetyand with dignity, to their homes or places of habitual

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Displacement – a set of 30 recommendations for theprotection of the internally displaced.

The Principles identify the rights and guarantees rele-vant to the protection of the internally displaced in allphases of displacement. They provide protectionagainst arbitrary displacement, offer a basis for protec-tion and assistance during displacement, and set forthguarantees for safe return, resettlement and reintegra-tion. Although they do not constitute a binding instru-ment, these Principles reflect and are consistent withinternational human rights and humanitarian law andrefugee law. They are equally applicable to state andnon-state actors and provide a useful set of standardsagainst which to measure the protection objectives andpromote dialogue with both state and non-state actors.

The Guiding Principles on Internal Displacement, 1998Deng’s Guiding Principles define the internally dis-placed as “persons or groups of persons who have beenforced or obliged to flee or to leave their homes or placesof habitual residence, in particular as a result of or inorder to avoid the effects of armed conflict, situations ofgeneralised violence, violations of human rights or natu-ral or human-made disasters, and who have not crossedan internationally recognised State border.”

The Guiding Principles complement existing interna-

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STATELESSNESS

Nationality/citizenship is the legal bond between a per-son and a State as provided for under the State’s lawsand encompasses political, economic, social and otherrights as well as the responsibilities of both the State andof the individual. The 1954 Convention relating to theStatus of Stateless Persons defines a stateless person as“a person who is not considered as a national (or citizen)by any State under the operation of its law”.

A stateless person may also be a refugee if he/she hasbeen forced to leave his/her country of habitual resi-dence because of persecution. Not all stateless personsare refugees, however, and many stateless persons neverleave their country of residence. People become state-less for a number of reasons. Root causes include:• The transfer of territory or sovereignty (eg. State

dissolution) which alters the nationality status ofcitizens of the former State(s) and may render somepersons stateless.

• Arbitrary deprivation of nationality or denationali-sation of groups or individuals by the State

• Conflicts of law, for example, when a child is bornin a State that grants nationality by descent only,but the laws of the State of which the parents arenationals only grant nationality on the basis ofbirth on their territory

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residence, or to resettle voluntarily in another part of thecountry. Such authorities shall endeavour to facilitatethe reintegration of returned or resettled internally dis-placed persons.”

ECONOMIC MIGRANTS

Economic migrants are NOT refugees and should not beconfused, as they sometimes are, with bona fiderefugees who are fleeing life-threatening persecution.An economic migrant leaves a country voluntarily toseek a better life. He or she chooses to leave for eco-nomic reasons, not because of political, religious orhuman rights violations. He or she continues to receivethe protection of his or her government. Refugees flee infear for their freedom and lives and cannot return safelyto their homes, unless circumstances change.

Millions of ‘economic’ and other migrants have takenadvantage of improved communications in the last fewdecades to seek new lives in other countries. Modernmigratory patterns can be extremely complex and con-tain a mix of economic migrants, genuine refugees andothers. Governments face a challenging task in separat-ing the various groupings and treating genuine refugeesin the appropriate manner through established and fairasylum procedures. UNHCR has the expertise to sup-port and assist governments in identifying refugees.

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• Marriage or the dissolution of marriage, if national-ity is automatically affected as a result (women aremost at risk of becoming stateless in these cases)

• Failure to register children at birth so they cannotprove where or to whom they were born.

The 1954 Convention relating to the Status of StatelessPersons and the 1961 Convention on the Reduction ofStatelessness are the primary international instru-ments that regulate and improve the legal status ofstateless persons (1954 Convention) and that deal withthe means of avoiding statelessness (1961Convention). They sketch out measures to preventstatelessness resulting from the transfer of territory,and establishes international principles for the granti-ng of nationality to persons born in a country whowould otherwise be stateless. The UN GeneralAssembly has entrusted the office of the UnitedNations High Commissioner for Refugees (UNHCR)with assisting states in implementing the 1961Convention and has requested UNHCR to assist allstates in avoiding and reducing statelessness.

MISSION STATEMENT: To Protect Refugees and Promote Solutions

UNHCR’s primary purpose is to safeguard the rights andwell being of refugees. UNHCR’s efforts are mandated bythe organisation’s Statute, guided by the 1951 UnitedNations Convention relating to the Status of Refugeesand its 1967 Protocol. UNHCR offers protection andassistance to refugees and others in an impartial man-ner, on the basis of their need and irrespective of theirrace, religion, nationality, political opinion or gender.

The United Nations High Commissioner for Refugees(UNHCR) was established by the UN General Assemblyin 1950, to further provide protection and assistance torefugees. The League of Nations, the forerunner of theUN, had named Norwegian scientist and explorerFridtjof Nansen to the post of High Commissioner asearly as 1921. World War II provided the impetus for sev-eral new organisations, the United Nations Relief and

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Part II

UNHCRUnited Nations High Commissioner for RefugeesHaut Commissariat des Nations Unies pour les réfugiés


72 member states which meets annually in Geneva.

A second ‘working group’ or Standing Committee meetsseveral times a year. The High Commissioner reports onthe results of the agency’s work annually to the UNGeneral Assembly and the Economic and Social Council.

As humanitarian crises have become more complex,UNHCR has expanded both the number and types oforganisations it works with. United Nations sister agen-cies include the World Food Program (WFP), which sup-plies basic food to refugees, the UN Children’s Fund(UNICEF), the World Health Organisation (WHO), theUN Development Program (UNDP), the Office for theCo-ordination of Humanitarian Affairs (OCHA) and theUN High Commissioner for Human Rights.

Other organisations include the InternationalCommittee of the Red Cross (ICRC), the InternationalFederation of Red Cross and Red Crescent Societies(IFRC), the International Organisation for Migration(IOM) and more than 500 non-governmental organisa-tions both national and international. More unorthodox,and at times controversial partners, have included UNpeacekeepers in the former Yugoslavia, and East Timor,various regional military forces in Africa and Kosovo andfinancial institutions such as the World Bank with whichUNHCR has signed a Framework of Co-operation.

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Rehabilitation Agency, the International RefugeeOrganisation and subsequently UNHCR.

UNHCR was given a limited three-year mandate to helpresettle 1.2 million European refugees left homeless bythe war. But as refugee crises mushroomed around theglobe, its mandate was extended every five years and in2003, the General Assembly decided to extend UNHCR’smandate without a time-limit. In the following decades,the number of uprooted people grew to around two mil-lion in the early 1970s to more than 27 million in 1995.In 2007, the number pf people ‘of concern’ to UNHCRwas approximately 33 million world-wide.

These included not only refugees but related groupssuch as asylum seekers, refugees returning home(returnees) and some, but not all, of the estimated 25million people who are displaced within their owncountries and officially identified as internally displacedpersons (IDPs) and those who are Stateless, some 6 mil-lion under UNHCR’s protection.

During its lifetime, UNHCR has helped more than 50million people successfully restart their lives, earningtwo Nobel Peace Prizes in the process.

UNHCR’s programmes, its protection and other policyguidelines, are approved by an Executive Committee of

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UNHCR is funded almost entirely by voluntary contribu-tions, principally from governments but also from inter-governmental organisations, corporations and individu-als. It receives a limited subsidy of under two percent ofits budget from the United Nations regular budget foradministrative costs and accepts ‘in kind’ contributionsincluding tents, medicines, trucks and air transportation.

As the number of persons of concern to UNHCR jumpedto a high of 27 million in 1995, its budget rose accordingly,from $564 million in 1990 to more than $l billion for mostof the 1990s and has remained at similar levels since.

UNHCR at Work

As a humanitarian, non-political organisation, UNHCRhas two basic and closely related aims – to protectrefugees and to seek ways to help them restart their livesin a normal environment.

International protection is the cornerstone of UNHCR’swork. In practice that means ensuring respect for arefugee’s basic human rights and ensuring that no per-son will be returned involuntarily to a country where heor she has reason to fear persecution.

The word “protection” has a very specific meaning forUNHCR. It includes material and other assistance to

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UUNNHHCCRR aatt aa GGllaanncceeHigh Commissioner: Antonio Guterres

Number of UNHCR offices world-wide, inlcuding Headquarters (Geneva), field offices, and sub offices: 268 in 117 countries

Number of persons employed by UNHCR, including short-term staff: 6,350

Staff members in field offices/ Approximately,sub offices: 87% of total

Number of NGOs UNHCR works with as partners, world-wide: 600+

States party to the 1951 Convention and/or to the 1967 Protocol: 147

Number of people of concern to UNHCR: 32.9 million

9.9 million refugees 30%

12.8 million internally displaced 39%

5.8 million stateless people 17%

2.6 million returned refugees

and IDPs 8%

740,000 asylum seekers 2%

1,000,000 others of concern to UNHCR

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Figures in this box are from 2007 statistics.


tory where they face danger or discriminate betweengroups of refugees.

What rights does a refugee have?A refugee has the right to safe asylum. However, inter-national protection comprises more than physicalsafety. Refugees should receive at least the same rightsand basic help as any other foreigner who is a legal res-ident, including freedom of thought, of movement andfreedom from torture and degrading treatment.Economic and social rights are equally applicable.Refugees should have access to medical care, school-ing and the labour market.

In certain circumstances when adequate governmentresources are not immediately available, including thesudden arrival of large numbers of uprooted persons,UNHCR and other international organisations provideassistance such as financial grants, food, tools and shel-ter, schools and clinics. With projects such as income-generating activities and skills training programs,UNHCR makes every effort to ensure that refugeesbecome self-sufficient as quickly as possible.

What are the obligations of a refugee?Refugees are required to respect the laws and regula-tions of their country of asylum, and to respect interna-tional refugee principles.

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refugees, so that basic needs are met. It includes ensur-ing that refugees are able to avail their rights. It includesthe three durable (long-term) solutions – voluntary repa-triation, local integration and resettlement (discussed indetail later). Guided by the Universal Declaration ofHuman Rights (1948), the 1951 Convention and itsProtocol, and bolstered by internal initiatives such as theAgenda for Protection, UNHCR carries out its mandateof protection in a manner that reflects changing global reality.

The following set of questions is frequently asked onprotection. They help further clarify the substance ofUNHCR protection, including the groups of people whobenefit from it.

How are refugees protected?Governments normally guarantee the basic humanrights and physical security of their citizens. But whencivilians become refugees this safety net disappears.UNHCR’s main role in pursuing international protec-tion is to ensure that states are aware of, and act on,their obligations to protect refugees and persons seek-ing asylum. However, it is not a supranational organisa-tion and cannot be considered as a substitute for gov-ernment responsibility.

Countries should not forcibly return refugees to a terri-

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conditions, and whose state is unwilling or unable toprotect them, should be considered refugees, providedthat other conditions under the refugee criteria are ful-filled. Regional instruments such as Africa’s OAUConvention and the Cartagena Declaration in LatinAmerica support this view.

Some countries argue that civilians fleeing generalisedwar or who fear persecution by non-governmentalgroups such as militias and rebels, should not be givenrefugee status under the 1951 Convention/1967Protocol. It is UNHCR’s view that the origin of the perse-cution should not be decisive in determining refugeestatus, but rather whether a person deserves interna-tional protection because it is not available in the coun-try of origin.

Who helps the internally displaced?Internally displaced persons (IDPs) flee their homes forthe same reasons as refugees, but remain within theirown country and are thus subject to the laws of thatstate. Though it does not have a specific mandate forIDPs, UNHCR assists several million in various crises,but not all displaced persons world-wide. These opera-tions are initiated at the request of the UN Secretary-General or the General Assembly, with the consent ofthe country involved and have included recent crises inthe Middle East, the Balkans, the Caucasus, Afghanistan,

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Who decides who is a refugee?Governments establish status determination proce-dures to decide a person’s legal standing and rights inaccordance to their own legal systems based on interna-tional criteria. UNHCR may offer advice as part of itsmandate to promote refugee law, protect refugees andsupervise the implementation of the 1951 RefugeeConvention. The agency advocates that governmentsadopt a rapid, flexible and liberal process, recognisinghow difficult it often is to document persecution.UNHCR’s Executive Committee sets non-binding guide-lines and the agency’s “Handbook on Procedures andCriteria for Determining Refugee Status” is an authorita-tive interpretation of the 1951 Convention. In countrieswhich are not party to international refugee instrumentsbut who request UNHCR’s assistance, the agency maydetermine a person’s refugee status under its mandateand offer its protection and assistance.

Are persons fleeing war or war-related conditions andethnic violence refugees?The 1951 Geneva Convention, the main internationalinstrument of refugee law, does not specifically addressthe issue of civilians fleeing conflict, though in recentyears major refugee movements have resulted from civilwars, ethnic, tribal and religious violence.

However, UNHCR considers that persons fleeing such

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protection are in a situation similar to that of illegalaliens, and may be deported. However, UNHCR doesurge that protection be granted to people who comefrom countries devastated by armed conflicts or gener-alised violence. The agency also advocates that rejectedasylum seekers be granted the right to an appeal reviewbefore being deported.

Can a draft evader be a refugee?Every country has the right to ask its citizens to bear armsin periods of national emergency. However, citizensshould have an equal right to conscientious objection. Incases where the option of conscientious objection is notobserved, or where a conflict violates internationalnorms, draft evaders who fear persecution on political orother grounds may be eligible for refugee status.

Can a criminal be a refugee?A criminal who has received a fair trial for a commonlaw offence and who flees his country to escape jail isnormally not a refugee. However, a person accused ofthese or other non-political crimes, whether innocent orguilty, and who may also be persecuted for political orother reasons, is not necessarily excluded from refugeestatus. Furthermore, people convicted of the ‘crime’ ofpolitical activism may well be refugees.

Can a war criminal be a refugee?

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Sri Lanka, Africa and Latin America. More recently,UNHCR has become a major player in the UN’s new‘Cluster Approach’ designed to improve the delivery ofprotection and assistance for internally displaced peo-ple, who have never had a single agency wholly dedicat-ed to their well being. Under the Cluster Approach, dif-ferent UN agencies take the lead for various sectors.UNHCR is the lead agency for conflict-induced IDPs forEmergency Shelter, Protection and Camp Management.UNHCR has been involved with IDPs for at least twodecades, but on a much more adhoc basis.

Must every refugee undergo individual status determi-nation?People who apply for refugee status normally need toestablish individually that their fear of persecution iswell-founded. However, during a mass exodus it maynot be possible to carry out individual screening. Insuch circumstances, particularly when civilians are flee-ing for similar reasons, it may be appropriate to declare‘group’ determination of refugee status, whereby eachcivilian is considered as a refugee, prima facie – in otherwords, in the absence of evidence to the contrary.

May governments deport persons who are found not to berefugees?Persons who have been determined, under an equitableand fair procedure, not to be in need of international

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Can women facing persecution because they refuse to com-ply with social cultural norms and constraints be refugees? Women, like men, may be persecuted due to race or forpolitical, ethnic or religious reasons. In addition, some-one fleeing discrimination or severe persecution for herfailure to conform to harmful strict social codes hasgrounds to be considered for refugee status. Such perse-cution may emanate from a government authority or, inthe absence of adequate government protection, fromnon-state actors. Sexual violence, such as rape, mayconstitute persecution. Such discrimination will haveconsequences that are significantly prejudicial.

In 1984, the European Parliament determined thatwomen facing cruel or inhumane treatment becausethey seemed to transgress social mores should be con-sidered a particular social group for the purposes ofdetermining refugee status. The United States andCanada have exhaustive guidelines relating to gender-based persecution, and there has been similar progressin some other countries.

What is temporary protection?Nations at times offer ‘temporary protection’ when theyface a sudden mass influx of people, as happened dur-ing the conflicts in the former Yugoslavia in the early1990s and later in Kosovo, when their regular asylumsystems would be overwhelmed. In such circumstances

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Persons who have participated in war crimes and viola-tions of humanitarian and human rights law – includingthe crime of terrorism – are specifically excluded fromthe protection accorded to refugees.

In practice, especially during a mass exodus, it is some-times difficult to separate persons suspected of serioushuman rights violations from bona fide refugees espe-cially for a humanitarian organisation such as UNHCR,which is neither a police force nor a judicial body.UNHCR cooperates with states and UN Peace Keepersto ensure separation of armed elements from refugeecamps.

The most viable solution is to provide support initiativessuch as the international tribunals for Rwanda and theformer Yugoslavia, to bring war criminals to justice.UNHCR is obligated to share with these and other rele-vant UN organisations, pertinent facts on such issueswhile sensitively handling information which refugeeshave confidentially divulged to field staff.

Can a soldier be a refugee?No, because a soldier by definition belongs to the struc-tured armed forces of a country and is someone who isfighting for his/her country. However, if a soldier is nolonger affiliated or active with the army, then he or sheis eligible to apply for asylum/refugee status.

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and their families traced. In the Rwandan crisis in themid 1990s, an estimated 67,000 children were reunitedwith their families.

Are there asylum guidelines on stowaways or people res-cued at sea?Shipmasters have an obligation under international lawto rescue any persons in distress at sea. In some cases,such as the exodus of Vietnamese boat people, such per-sons were asylum seekers. Clandestine stowaways mayalso be asylum seekers.

Persons rescued at sea should be disembarked at thenext port of call, where they should be admitted, at leaston a temporary basis, pending resettlement. Some flagstates of rescuing ships have provided guarantees ofresettlement for rescued persons.

There is no binding international convention relating tostowaway asylum seekers and their reception varieswidely. UNHCR advocates that, wherever possible,stowaways should be allowed to disembark at the firstport of call, where their refugee status may be deter-mined by the local authorities. If a port state does notallow a stowaway to disembark, and the ship’s next portof call is in a state where the stowaway’s life is threat-ened, then the action is tantamount to forcible return(refoulement).

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people can be speedily admitted to safe countries, butwithout any guarantee of permanent asylum.

Thus ‘temporary protection’ can work to the advantageof both governments and asylum seekers in specific cir-cumstances. But it only complements, and does notsubstitute for the wider protection measures, includingrefugee asylum, offered by the Convention.

Temporary protection should not be prolonged, andafter a reasonable period of time UNHCR advocates thatpeople benefiting from this should be given the right toclaim full refugee status. Those rejected should,nonetheless, be allowed to remain in a country of asy-lum until it is safe to return.

How can unaccompanied children find their families?An unaccompanied minor is one “who is separated fromboth parents and for whose care no person can be foundwho by law or custom has primary responsibility.” Thenumber of unaccompanied child refugees varies widely.It often comprises 2 to 5 percent of a refugee populationand in Europe a recent UNHCR study estimated that 4percent of asylum seekers were unaccompanied children.

UNHCR works with other agencies such as the RedCross, UNICEF and Save the Children, to ensure thatunaccompanied children are identified and registered,

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focuses on those issues and activities that would benefitfrom multilateral commitment and co-operation.

The Agenda consists of two sections: the Declaration ofStates Parties and a Programme of Action. TheProgramme of Action identifies specific objectives andactivities grouped according to six inter-related goals:Strengthening implementation of the 1951 Conventionand 1967 Protocol; Protecting refugees within broadermigration movements; Sharing of burdens and respon-sibilities more equitably and building capacities toreceive and protect refugees; Addressing security-relat-ed concerns more effectively; Redoubling the search fordurable solutions; and Meeting the protection needs ofrefugee women and refugee children.

As a complement to the Agenda for Protection,Convention Plus was initiated, as an international effortco-ordinated by UNHCR. Its aim was to improve refugeeprotection world-wide and to facilitate the resolution ofrefugee problems through multilateral special agree-ments. This can be achieved through a process of dis-cussion and negotiations with States and other partnersof UNHCR to mobilise support and bring about firmercommitments.

The 1951 Convention and its 1967 Protocol define theresponsibilities of states toward refugees. These instru-

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In such cases, UNHCR officials try to arrange an onboard interview and if the asylum seeker is found to bea refugee, they assist in finding a permanent solution,usually third country resettlement.

THE AGENDA FOR PROTECTION AND CONVENTION PLUS

In the year 2000, UNHCR embarked on a series of glob-al consultations to revitalise the international protec-tion regime. There were three tracks to these consulta-tions. The first track worked towards the MinisterialMeeting and the Declaration of States which reaffirmedtheir commitment to the 1951 Convention. The secondtrack focussed on analysis of substantive issues the 1951Convention. The third track dealt with issues that didnot fall within the ambit of the Convention, but wererelated to refugees.

This led to the Agenda for Protection (2002) which is anambitious, though practical programme of action toimprove the protection of refugees and asylum-seekersaround the world. It is intended to serve as a guide forconcrete action, not only by UNHCR, but also by gov-ernments, NGOs and other partners. Although not alegally binding document, the Agenda has considerablepolitical weight, as it reflects a broad consensus on whatspecific actions can and should be undertaken toachieve agreed goals in refugee protection. The Agenda

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uation. The Convention Plus effort will also promoteand support the development of these agreements.

DURABLE SOLUTIONS

The second part of UNHCR’s mission statement focuseson promoting durable or long-term solutions forrefugees. The three durable solutions that UNHCR facil-itates are voluntary repatriation, local integration andresettlement.

Voluntary RepatriationVoluntary repatriation is normally a refugee’s preferredlong-term solution. Most refugees prefer to and doreturn home as soon as circumstances permit, generallywhen a conflict has ended, a degree of stability has beenrestored and basic infrastructure is being rebuilt. Insuch conditions, UNHCR encourages voluntary returnby providing transportation, material incentives andpractical help such as seeds, farming equipment andbuilding materials. When quick impact projects (QIPs)are approved, they are designed not only to help return-ing refugees, but also members of local communitieswhich, in developing countries, are often as poor anddeprived as the returnees themselves.

The decision to return home (repatriate) is entirely therefugee’s. UNHCR shares information about the condi-

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ments remain the cornerstone of the internationalrefugee protection regime. Despite their continued rele-vance, however, the Convention and the Protocol can-not address all the pressing issues pertaining to refugeeprotection in today’s changing world. These includehow the responsibility for admitting and protectingrefugees can best be shared and how durable solutionsfor refugees should be pursued. For this reason theConvention Plus process was launched in 2003.

Convention Plus focuses on generic multilateral agree-ments to tackle three priority challenges: • The strategic use of resettlement as a tool of protec-

tion, a durable solution and a tangible form of burden-sharing;

• More effective targeting of development assistanceto support durable solutions for refugees, whetherin countries of asylum or upon return home; and

• Clarification of the responsibilities of States in theevent of secondary movements of refugees andasylum-seekers, that is, when refugees and asylum-seekers move from an initial country of refuge toanother country.

These generic agreements will set out shared under-standings and commitments, which can be relied uponand incorporated into situation-specific multilateralagreements, designed to resolve a particular refugee sit-

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Local Integration For refugees who are unable to return to their homecountry, or those who have stayed for years in the hostcountry (country of asylum) local integration is anappropriate durable solution. In some situations, it is apermanent solution, that is when refugees become nat-uralised citizens of the host country.

Local integration can be broken into three steps:First, it is a legal process where refugees are granted aprogressively wider range of rights and entitlements bythe host state similar to those enjoyed by its citizens.Second, local integration is an economic process whererefugees become progressively less reliant on state aid/humanitarian aid, becoming self reliant and being ableto contribute to the economy of the host country. Inmany countries, UNHCR helps refugees to become selfreliant by providing vocational skills training, job place-ments and so on. Third, local integration is a social andcultural process that enables refugees to live amongstthe local host population without discrimination wherethey can then contribute actively to the social life of thehost country.

ResettlementSome refugees cannot or are unwilling to return home,usually because they would face continued persecution.Many are also unable to integrate locally for a variety of

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tions in the country of origin - i.e., the place where therefugee is returning to, so that the decision to return, isan informed one. In any repatriation operation, UNHCRhas the following role:

• Verify the voluntary character of refugee repatria-tion. (That is, to make sure that the refugee is notbeing forced or threatened to return, that the deci-sion is not made under duress)

• Promote the creation of conditions that are con-ducive to voluntary return in safety and with dignity

• Promote voluntary repatriation once conditionsare conducive to return

• Facilitate the voluntary return of refugees when it istaking place spontaneously, seeking to ensure pro-tection monitoring throughout

• Organise, in co-operation with NGOs and otheragencies, the transportation and reception of returnees, provided that such arrangements arenecessary to protect their interests and well being

• Monitor the status of returnees in their country oforigin and intervene on their behalf if necessary.

At the end of 2006, the largest repatriation movementwas to Afghanistan where 388,000 Afghan refugeeschose to return home from neighbouring countries. Thenext largest repatriation movement was to Liberiawhere 108,000 refugees returned home.

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Zealand, Norway, Sweden, the Netherlands and theUSA. Newer resettlement countries include the UK,Chile, Benin, Burkina Faso, Brazil, Ireland and Iceland.Other countries may consider submissions fromUNHCR on a case by case basis, normally because offamily reunion or strong cultural links.

People facing particular problems or continued threatsto their safety in their first asylum countries are fore-most among those who can benefit from resettlement.In some cases it is an essential life-saving option - or theonly way to save a particular refugee from having toresort to desperate measures (one unfortunately com-mon example is the rape victim who has been rejectedby her family and society, and has nowhere else to turn).Some very specific refugee populations are also on occa-sion beneficiaries of group resettlement programmes. In2006, refugees from Myanmar were the largest groupglobally to benefit from resettlement with 5,700 beingtransported to a new life outside their first asylum coun-tries, followed by Somalis (5,200), Sudanese (2,900),refugees from the Democratic Republic of the Congo(2,000), and Afghans(1,900).

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reasons. In such circumstances, UNHCR helps to per-manently resettle refugees in a third country. On reset-tlement, the refugee normally becomes a citizen of thatcountry after having fulfilled the criteria for naturalisa-tion. Resettlement as a permanent solution meansrefugee status ceases.

Resettlement is also an important protection tool,addressing the protection and special needs of a refugeethat cannot be met adequately in the country of asylum.A categorisation of such needs include women-at-risk,family reunification needs, unaccompanied or separat-ed children, and refugees with medical needs.

Under normal circumstances refugees cannot requestfor resettlement to a particular country. But in the inter-ests of family reunification, refugees may request reset-tlement in countries where their immediate familymembers are living. Less than 20 nations world-wideparticipate in UNHCR resettlement programs andaccept quotas of refugees on an annual basis. UNHCRsubmits cases (refugees) for resettlement based on itsown criteria – protection needs, or most appropriatedurable solution – but the final decision of whether ornot to accept a refugee for resettlement, is made by theresettlement country, not UNHCR. Countries that havetraditionally participated in the resettlement programinclude Australia, Canada, Denmark, Finland, New

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REPRESENTATIVE’S TITLE : Chief of MissionOFFICES : New Delhi and ChennaiTOTAL STAFF : 30NUMBER OF : 11,750 REFUGEES UNDER (Afghan - 9,200UNHCR’S MANDATE Myanmar - 1,900

Others - 650)(The Government of India protects and assists over100,000 Tibetans and 75,000 Sri Lankan refugees.Another estimated 20,000 Sri Lankan refugees are out ofcamp refugees in Tamil Nadu).

UNHCR works in a rather unique situation in India.Without a formal status, UNHCR functions under thebroad umbrella of the United Nations DevelopmentProgramme (UNDP) and has done so, since 1981, pro-tecting and assisting individual asylum seekers. India isnot a signatory to the 1951 Convention relating to theStatus of Refugees or its 1967 Protocol. India also has norefugee specific legislation. India, however, is a memberof UNHCR’s Executive Committee (EXCOM), whichmeets annually in Geneva, to review the agency’s workand policies.

Part IIIUNHCR in India

Representative’s Title: Chief of Mission

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beneficiaries), Myanmar refugees (16% of beneficiar-ies) and other groups of smaller nationalities such asSomalis, Palestinians, Sudanese, Iraqis, and Iranians.Ninety percent of Afghan refugees in India are Hinduand Sikh. The number of Myanmar refugees (close to1900) reflects only those who are in New Delhi. Mediaand NGO sources report that there are many Myanmarnationals in the border states of Mizoram andManipur, but since there is no national/internationalverification mechanism in that area, it is difficult toaccurately gauge as to how many may be genuinerefugees.

Internally Displaced People (IDPs) do not come underUNHCR’s operation in India.

The larger refugee groups present in India – theTibetans and the Sri Lankans – are not under UNHCRoperations in India. Both groups are considered asrefugees by the Government of India as a matter of pol-icy. The Tibetans who first arrived in the 1950’s with theflight of the spiritual leader the Dalai Lama, are wellcared for. The Government of India provided theTibetans with land for settlements, and today, the100,000+ strong community is self sufficient, adding acolourful mosaic to India’s diversity. Sri Lankanrefugees mostly live in over 100 refugee camps prima-rily in Tamil Nadu. The Government provides shelter

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India remains a country that is hospitable to refugeesand has been traditionally so. Rights of refugees are byand large respected through Articles 14 and 21 of theConstitution of India, which accord such rights to any-one resident on the soil of India. Refugees as foreignershave freedom of religion, have freedom of movement (inurban settings and are allowed to go out of the camps inTamil Nadu for work), and access to the courts.Although without work permits, work in the informalsector is tolerated. But without a national refugee legis-lation, refugees are not all treated in a uniform manner.Some groups/nationalities are less privileged than oth-ers. There is also a danger that decisions impactingrefugees are made for administrative/strategic reasonsrather than those grounded in refugee law. In spite ofthis, India has traditionally provided asylum and protec-tion for many refugees historically.

UNHCR’s work in India is concentrated on three areas:Protection, which includes the three durable solutions,Programme and Promotions/External Relations. Inaddition to the office in New Delhi, the Government ofIndia agreed that UNHCR would open an office inChennai in 1992 to verify the voluntariness of return ofSri Lankan refugees.

Refugees under UNHCR’s mandate in India (approxi-mately 11,750 in number) include Afghans (78 % of

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held. As far as possible, women are interviewed byfemale legal officers.

• Interpreters are provided for all refugees whorequire them. For women, a female interpreter ismade available.

• Individual facts are then assessed with informationavailable on the refugee’s country of origin.

• A decision is then taken on recognition as a refugee.If recognised a Refugee Certificate is issued byUNHCR.

• If rejected, he/she has the right to appeal once; adifferent officer will re-interview the person.

Every recognised refugee is given a laminated UNHCRcertificate that becomes a proof of identity for therefugee. The certificate is renewed once in 18 months.

UNHCR intervenes on behalf of refugees who face pro-tection problems, caused for example, due to lack ofdocumentation or social/cultural tensions. UNHCR alsoprovides free legal counsel/representation for refugees,should they require this through its legal implementingpartner, PILSARC (Public Interest Legal Support andResearch Centre). The Socio-Legal ImplementingCentre (SLIC), also an implementing partner, providesannual assessment and support to refugees. The GandhiNational Memorial Society in Pune assists UNHCRrecognised refugees based in Maharashtra.

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and rations and allows refugees access to the informalwork sector outside the camps in a controlled manner.

PROTECTION

UNHCR provides legal assistance and guidance anddecisions on matters relating to refugee status, stay inIndia, and rights and obligations of refugees in India.UNHCR facilitates voluntary repatriation for those whowish to return home and helps resettle those who nei-ther have the option of return or any long-termprospects of integrating in India.

Exceptionally, in the absence of a national refugee eligi-bility procedure, UNHCR conducts refugee status deter-mination interviews for individual asylum seekers whoapproach its office in New Delhi. Refugees are treated asforeigners on extended stay (there is no separate catego-ry) and come under the Foreigners RegionalRegistration Office (FRRO). The process of UNHCRrefugee status determination is as follows:

All asylum seekers are first Registered with UNHCR• A date for an interview with a legal officer in

UNHCR is given.• Those with special needs are ‘fast-tracked’ (i.e.,

given a date quickly) for the interview.• A detailed refugee status determination interview is

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However, UNHCR believes that there is a genuine needfor a national refugee law, in spite of India’s good recordin hosting refugees. The argument in favour of a nationalrefugee law is based on the following points:• Refugees are individuals or groups of persons flee-

ing persecution based on race, religion, nationality,political opinion, etc. and therefore refugees needto be treated differently from other foreigners.

• Refugees are unable to avail the protection of theircountry of origin hence need international protec-tion i.e., protection of the host State that they haveentered or may be seeking to enter.

• Given the absence of a refugee protection regime inIndia specific to individual refugees, refugees donot always receive the protection they need andinstead fall within the purview of the laws govern-ing foreigners in general.

• Involuntary return of refugees/refoulement/depor-tations may result in human rights violations to thereturnee.

• India is signatory to various human rights instru-ments and has incorporated human rights protec-tion in its Constitution and other legislations. Indiancourts have repeatedly interpreted human rightsprotection principles to encompass refugees includ-ing Articles 14 and 21 of the Indian Constitution.

• A screening mechanism helps to ensure only thosedeserving international protection are granted

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The UNHCR India office won the Global UNHCRGender Team Award for 2006, in recognition of its effortsin mainstreaming age, gender and diversity concernsinto its programs in India. At every stage, gender con-cerns are addressed: for example, vulnerable womenand girl asylum seekers are “fast-tracked” for refugeestatus determination interviews; income generatingactivities for women refugees are on-going; physicalsecurity for refugee women and girls is prioritised; andrefugee representatives of all nationalities must includewomen to ensure their concerns are also voiced.

A pioneering effort was the creation of the Women’sProtection Clinic, in west Delhi which opened its doorsin December 2005. The Clinic offers a safe and confi-dential space for refugee women and girls to detail theirproblems and concerns, which are then looked intoholistically by UNHCR. Through the assessments madeat the Clinic, immediate short and long term solutionsare identified and counselling and consultations provid-ed. All Myanmar refugee women and girls are profiled atthe Clinic, which is funded mostly by donor countries.The Clinic has been recognised as an example of a “bestpractice” in UNHCR.

On the basis of the UNHCR refugee certificate, theGovernment of India issues Residential Permits to Afghanand Myanmar refugees, giving them a lawful stay in India.

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1920; Passport Act 1967; Extradition Act 1962. These pro-visions could be harmonised under international stan-dards and under one legislation for refugee protectionto enable meaningful implementation guided byhumanitarian principles.

Judicious, Fair and Accountable Procedures: Given theprevalence of Rule of Law in the Indian legal system andas enunciated in the Indian Constitution, it is appropri-ate that refugee determination and treatment receivethe same attention that other human rights protectionissues receive. This will be in keeping with India’s activeparticipation in the EXCOM and India’s leadership rolein the region and among nations.

Enhanced Administrative Control by the State: In bridg-ing the gap between adhoc refugee policies and theestablishment of a standardised mechanism for refugeestatus determination and treatment, administrativegains to the State will be immense. These will be so interms of establishment of a database providing detailedinformation about asylum seekers, including their back-grounds in country of origin, precise cause of depar-ture/flight from country of origin.

Also on record would be current information includingpresent whereabouts, family profile and activities of theasylum seeker. It would enable the Government to dis-

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refugee status, and that those who are not refugeesare screened out.

Benefits of Enacting National Refugee ProtectionLegislation

Dissolution of Adhocism: The absence of a legislation onrefugee protection has led to differential administrativemeasures between refugee groups. These measures varyfor each refugee group with regard to their determina-tion and treatment. There are no policy guidelines forindividual refugees who have no alternative but toapproach UNHCR.

Existing policies are influenced by political interests ofthe receiving State. A national legislation for refugee pro-tection would provide standardised and acknowledgedprinciples for refugee determination and treatment.

Establishment of Mechanisms for Determination andTreatment: Enactment of Refugee Protection Legislationwill enable the creation of a framework for determina-tion of refugee status based on agreed standards ofrefugee status determination, protection and treatment.The entry, stay and exit of individual refugees in India iscurrently under the general laws relating to Foreigners.These laws are: The Foreigners Act 1946; Registration ofForeigners Act, 1939; Passport (Entry into India) Act

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for refugee protection will help to avoid friction betweenthe host country and country of origin. The act of grant-ing asylum being governed by law rather than an adhocpolicy will then be understood by other States as apeaceful, humanitarian and legal act under a judicialsystem rather than as a hostile political gesture.

DURABLE SOLUTIONS

Voluntary RepatriationThe most preferred solution globally, but in India spar-ingly used among UNHCR mandate refugees. PostSeptember 11, 2001 and with the establishment of theKarzai government in Afghanistan, a small number ofAfghan refugees have repatriated from India. Since April2002 till the end of December 2007, some 600 Afghanrefugees chose to return home with UNHCR assistance.UNHCR helps with local exit formalities and pays for theair tickets from New Delhi to Kabul.

Among Sri Lankan refugees, voluntary repatriation wasthe preferred option and UNHCR is involved in estab-lishing the voluntariness of return. The UNHCR office inChennai interviews refugees to ensure that the decisionto return is not made under any kind of coercion.UNHCR also shares information – political, economic,social – about the place that the refugee is returning to,so that his or her decision to go back, is an informed

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tinguish between bonafide asylum seekers and eco-nomic migrants, terrorists, criminal elements, or others.

Asylum seekers who may not be deemed to be deservingof refugee status in accordance with the accepted prin-ciples and standards may be dealt with in accordancewith immigration procedures. Those who have beenconferred with refugee status shall be treated in accor-dance with accepted standards and may be required tokeep regular contact with concerned administrativeauthorities for location of residence, work, movement toother parts of India, and any other issues that may arise.

Concerted search for Durable Solutions: Refugee status ismeant to be a temporary phase in a person’s life. Thesearch for durable solutions for particular groups ofrefugees and individual refugees shall receive a plannedand structured approach in the presence of a domesticlegislation.

Co-ordination among Concerned Agencies: Enacting anational legislation, which deals with the roles of govern-mental, judicial, UN and other agencies in the determina-tion, protection and treatment of refugees shall clarify theroles to be played by different agencies and as well providefor appropriate co-ordination among these agencies.

Reduce Friction Among States: Enactment of a legislation

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bours have to be attached along with two copies ofadvertisements in a national newspaper. The completedform is submitted to the local Sub Divisional Magistrate(SDM) who registers the application and forwards it tothe local Foreigners Registration Office (FRO). The FROundertakes a security screening of the case and with itsreport sends it back to the SDM, who then screen it andsend it to the Central Ministry of Home Affairs (MHA).The MHA also undertakes its own intelligence review ofthe case prior to granting citizenship.

UNHCR New Delhi opened two Naturalisation Clinics in2007. The Clinics will help those Afghan Hindu and Sikhrefugees who are eligible and interested in applying fornaturalised Indian citizenship to do so in a systematicmanner. UNHCR will pay all fees and expenses requiredfor naturalisation procedures through its implementingpartner, SLIC. There are an estimated 4000 Hindu andSikh refugees from Afghanistan who have expressed aninterest in naturalisation to date. The Government ofIndia has remained supportive of Afghans wishing tonaturalise, and this has helped UNHCR to advocate forsolutions for all refugees, including those who are inneed of resettlement. Both Clinics will close inDecember 2008, by which time, all applications forthose interested in naturalised citizenship would havebeen submitted for UNHCR’s existing caseload. TheSLIC office in New Delhi will continue to assist naturali-

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one. From 2002 to 2006, 5000+ Sri Lankan refugeesreturned home with UNHCR assistance. It is estimatedthat there are many more who returned “spontaneous-ly”, i.e., without UNHCR assistance. As with the Afghans,UNHCR helps with local exit formalities and pays for theair tickets from Chennai/Thiruvanthapuram/Trichy toColombo. However, with the breakdown of the cease fireagreement between the LTTE and the Government of SriLanka, some 20,000+ people fled from Sri Lanka to Indiaas refugees in 2006-2007. Only 25 refugees returned withUNHCR assistance during this period.

Local IntegrationOften thought of as an interim solution in the country ofasylum while the refugee is waiting either to returnhome or be resettled to a third country, in India localintegration could very well turn out to be a permanentsolution for a bulk of refugees under UNHCR’s mandate,as many are eligible and have applied for naturalised cit-izenship. Ninety percent of the Afghan refugees in Indiaare Hindus and Sikhs – just over 4000 of this populationhave so far, shown an interest in naturalisation. Some250 have become naturalised Indian citizens.

UNHCR works with its NGO partner, SLIC to facilitatethe process of naturalisation, which is fairly lengthy. Theapplicant is required to fill a form to which Affidavitscertifying the applicant’s stay in India, from two neigh-

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Education: New Delhi YMCA.UNHCR recognises every refugee child’s right to pri-mary education. A subsidy for uniforms/books andconcerted follow up to enhance levels of school enrol-ment is provided through the NDYMCA. Refugee children are welcome in government schools. NDYM-CA help refugees with school admissions and monitorthe performance of children in schools, to help prevent children dropping out. They also runtuition/remedial classes for children who need helpwith their school work. Language classes for adultsand children are also part of the UNHCR-NDYMCAprogram for refugees.

The German Government provides limited slots forhigher/technical education under the DAFI ScholarshipProgramme (The Albert Einstein German AcademicRefugee Initiative). Some 30 refugee are currently DAFIscholars in India.

Access to Government’s Health Services: NDYMCAAccess to primary health care is a basic human right.Refugees can access governmental facilities closest totheir area of residence – dispensaries (for minor ail-ments, pregnancies, immunisation, routine tests etc.)and hospitals. Most of the services, including medicinesare free or at nominal charges. Refugees can also availthe free HIV/AIDS related facilities of the hospitals.

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sation applications beyond December 2008.

ResettlementA limited option but in India, the only durable solutionoption for UNHCR mandate refugees who cannotrepatriate or locally integrate and for those with pro-tection problems. Refugees not given residential per-mits are vulnerable to detention by law enforcementagencies and at risk of refoulement. This groupincludes Somalis, Palestinians, Sudanese, Iraqis andothers. Afghan refugees who have no prospects of localintegration and for whom repatriation is not an option,and who have spent decades in exile, may also be pro-posed for resettlement where appropriate. In the cal-endar year 2006-07 more than a 1000 refugees weresubmitted for resettlement to Australia, New Zealand,USA, Canada, Norway, etc.

PROGRAMME SUPPORT

As part of its protection mandate, UNHCR provideshealth and education/social support to recognisedrefugees through its implementing partners: the NewDelhi YMCA and Don Bosco Ashalayam, in Delhi toensure that education, health and skills training needsof refugees under UNHCR’s protection, are met.Programmes run by NDYMCA and DBA are supportedby UNHCR.

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Skills Development: Don Bosco Ashalayam (DBA)UNHCR’s skills development programme essentiallyseeks to empower individuals by strengthening theircomparative advantages through life skills training,vocational skills training, literacy and language trainingand support services.

Earning a Living: The majority of Indians and refugeeswork in the informal sector. DBA helps adult refugeesfind work in the informal sector, as refugees do not havea formal right to work in India. They also provide needbased initial support for those who have difficulties insurviving in their new job environments. Some optionsfor home based income activities for groups of womenwho are not able to work outside the home due to cul-tural norms, are also available.

Vocational Training: Limited sponsorships are provided.Refugees are selected in part on an assessment of theirability to optimally use the training for becoming selfreliant.

Worth mentioning are efforts made by refugees them-selves. The Khalsa Diwan Welfare Society, an organizationformed by and run by Afghan Sikh refugees, operatesVocational Training Courses for Hindu/Sikh Afghans inTilak Nagar, west Delhi. Subsidised slots in computertraining for Hindu/Sikh Afghan refugees in Faridabad are

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These include services of the Voluntary Counselling andTesting Centres (VCTC) and Anti Retroviral Therapy.NDYMCA helps refugees to use government hospitaland reimburses costs incurred for primary health care atthese hospitals. NDYMA also arranges for interpreters atkey points. This is important to enable correct diagnosis,treatment, filling of forms etc. for refugees who cannotspeak local languages and are unable to get family/com-munity support for interpretation.

The All India Institute of Medical Sciences (AIIMS) hasa Refugee Counter, run by NDYMCA to help refugeesfind their way in one of India’s largest and best knownhospitals.

Financial Assistance: NDYMCAAll newly recognised refugees are given temporaryfinancial support for six months. Funds are reservedfor those requiring subsistence support on grounds ofmedical condition/vulnerability/protection concerns.This is granted for a specified period of time on thebasis of assessments carried out by UNHCR and itsimplementing partners and is periodically reviewedfor continuation. This extends beyond the first sixmonths at a lower rate of assistance. The financialassistance schemes are subject to change based onchanging situations, competing demands and avail-able fund flow.

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committees. Open house meetings and participatoryindividual group meetings are held regularly.

PROMOTIONS/EXTERNAL RELATIONS

Though the UNHCR office in New Delhi is modestlystaffed, the organisation invests much time and effort inpromotional activities, through sensitisation pro-grammes, structured training sessions, seminars andinformal interactions with a wide range of people.Reaching out to civil society – lawyers, academics,think-tanks, media – is crucial, and particularly so in ademocracy where civil society can play a constructiverole in advocating, generating debate and spreadingawareness about refugee concerns.

Interactive sensitisation and training sessions on refugeerights as human rights, with security agencies, includingthe National Police Academy in Hyderabad are periodi-cally held. Similar training sessions have also been held atpolice academies in West Bengal, Tamil Nadu and Punjab.The Delhi police too has been amenable to sensitisationefforts. Often, security agencies and the police are theforemost government representatives that refugeesencounter when entering the country and it is importantthat these agencies are sensitised towards refugees.

UNHCR has facilitated capacity building of institutions

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available through Zoom Educational & Cultural Society(run by refugees for the general public).

In addition, around 75 paid refugee volunteers (41%women) are working with UNHCR’s implementing part-ners to help provide essential services to the refugeecommunities. They often comprise of those with limitedmarketable skills or with family responsibilities that pre-vent them from working in the informal sector. An addi-tional 25 work as interpreters with implementing part-ners and the UNHCR office.

In general, constraints on complete self-reliance includelanguage barriers, high local unemployment and limit-ed market absorption capacity resulting from generalurbanisation trends in India, and the limited urbanskills of refugees as well as lack of a work permit. Everyeffort is made to address these problems and to encour-age and support all refugees, including as part of asearch for durable solutions.

Reaching OutA conscious effort to keep a communication flow withrefugees is made – all refugees have direct access toUNHCR through its refugee reception. A regular dialoguewith refugee committees/representatives is also main-tained for issues of common concern. UNHCR continuesto strive for an equal representation of women in these

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A POCKET GUIDE TO REFUGEES A POCKET GUIDE TO REFUGEES

in India to provide expertise in refugee studies and law.Some of these include the establishment of Chair onRefugee Law at the National Law School of IndiaUniversity (NLSIU) in Bangalore and the establishmentof a Centre for Refugee Studies in Jadavpur University,Kolkata. UNHCR also supports published research onrefugee related issues. In collaboration, UNHCR, theInternational Committee of the Red Cross (ICRC) andthe Indian Society of International Law (ISIL), teach apost graduate diploma course on Human Rights,International Humanitarian Law (IHL) and RefugeeLaw. The course attracts a large number of participantsfrom the diplomatic corps, Government of India, NGOsand the academic community. The collaborationbetween the three institutions has also resulted in thecompilation and annual publication of a Year Book onIHL and Refugee Law since 2000.

A Winter Course on Migration, partly funded and sup-ported by UNHCR, Brookings Institute and theGovernment of Finland, taught by the CalcuttaResearch Group (CRG) was introduced in 2003 and isheld annually in Kolkata. This serves as an effectiveforum within South Asia on migration and refugeeissues. Also in Kolkata, an annual debate on refugeeissues for high schools organised by the West BengalFederation of United Nations Agencies (WBFUNA) forUNHCR, has become an event that the students and the

general public look forward to. For UNHCR, this is anexcellent way to reach out.

UNHCR has worked with the National Human RightsCommission and key State Human Rights Commissionsto enhance knowledge on refugee issues. Trainings forlawyers have been held jointly with SLIC who have alsoinitiated a handbook for the legal practitioner onrefugee protection issues. In 1999 a judicial symposiumheld jointly with the Indian Supreme Court BarAssociation and the International Association ofRefugee Law Judges (IARLJ) reached out to a core groupof jurists whose deliberations reflected the need for arefugee protection regime in India.

Under the auspices of the Association of IndianUniversities (AIU), UNHCR and ICRC have encouragedthe introduction of IHL and Refugee Rights teaching invarious streams of education in graduate and post grad-uate courses in the country. This has resulted in trainingof teachers programmes organised all across the coun-try at periodic intervals by UNHCR in collaboration withhost institutions.

Since 2005, UNHCR India has facilitated a RegionalWorkshop on Emergency and Disaster Management,partnered by the National Institute of DisasterManagement, NIDM, under the Ministry of Home Affairs.

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CUNKP courses comprise of international officers ranging from Australia to Mongolia, the United Kingdomto Sudan. Continued interaction with USI-CUNKP hasalso led to UNHCR being part of training capsules at theAcademic Staff College in Wellington, Tamil Nadu andother courses organised by the Ministry of Defence,including an annual UNHCR lecture for senior defenceofficers at the National Defence College in New Delhi.Other activities include UNHCR participation at simula-tion exercises, joint exercises with the Indian Army andUS Army Pacific Command, India and the UK, and so on.Beginning with the differences between refugees andIDPs, to what is international protection and how themilitary can help ensure that protection in a peace keep-ing context, such interaction has proved to be of muchvalue for UNHCR and for the exercises conducted by USIfor army officers and UN civil police.

Concluding, it would be fair to say that UNHCR’s pro-motional activities are wide-ranging and attempt toreach out to a diverse population, with the intention ofcreating an awareness on refugees concerns, promotingrefugee law and refugee protection that are guided byinternational standards and norms.

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The office participates in workshops organised by NGOsworking in disaster relief as resource persons, introducingrefugee concerns to a whole different strata of profession-als. UNHCR liaises with policy think tanks and tries tomainstream refugee issues with other issues that are ofnational concern, either by participating as resource per-sons, or by partly supporting such seminars.

On-going are a series of activities that highlightUNHCR’s role in India: a monthly eNewsletter, focussingon the key events each month, an annual seminar onWorld Refugee Day (20 June), publications on UNHCRin India, this pocket guide, seminar proceedings, retro-spectives of the eNewsletters, information brochures,etc that serve to raise awareness on refugee issues in areader-friendly way.

Though UNHCR focuses the bulk of its promotionalefforts on civil society – with the legal fraternity, with aca-demics, scholars, policy makers, students and media –the agency also participates in military/UN PeaceKeeping Training exercises, through the United ServicesInstitute (USI), New Delhi. For UNHCR, this is an excel-lent opportunity to explain its mandate by participatingas resource persons either in structured lectures for thedifferent courses organised by the Centre for UN PeaceKeeping (CUNKPK) at USI or by role-playing in elaboratesimulated UN Peace Keeping exercises. One third of all

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A POCKET GUIDE TO

REFUGEES

The United Nations High Commissioner for Refugees14 Jorbagh, New Delhi 110 003, IndiaPhone: 43530444 Fax: 43530460/61

Email: [email protected] Website: www.unhcr.org

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