Refugees
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  • The EXCOM is the organisation of the UN, which approves and supervises the material assistance programme of UNHCR. Membership of the EXCOM indicates particular interest and greater commitment to refugee matters. <br />
  • The Hon’ble Court was pleased to hold that ”since the UNHCR was involved in ascertaining the voluntariness of the refugees’ return to Sri Lanka, hence being a World Agency, it is not for the Court to consider whether the consent is voluntary or not.” Further, the Court acknowledged the competence and impartiality of the representatives of UNHCR. <br /> The Hon’ble Court further permitted the refugee to travel to whichever country he desired. Such an order is in line with the internationally accepted principles of ‘non-refoulement’ of refugees to their country of origin. <br />

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  • 1. REFUGEE CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE People floating like pollen in search of more fertile soil.”  ― Andrew Crofts. BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 By EMAIL info@altacit.com WEBSITE www.altacit.com Sinduja Amudanathan
  • 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com What brings Refugees? Refugees, are those people who are uprooted from there home country and seeking asylum and protection in another country. REASONS Refugees and asylees leave their countries because of war or persecution due to their nationality, race, religion, political opinion or membership in a group
  • 3. Who can be REFUGEE CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 A person who flees from ones own country to another only on political prosecution BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 When a person flees for economic reasons will not be accepted as Refugee.-> political Refugees are accepted not Economic Refugee.. Assylam should be due to political prosecution. EMAIL info@altacit.com WEBSITE www.altacit.com He should be a person without any protection from his home country.
  • 4. REFUGEES AND OTHER FOREIGNER CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Temporary Residents and Travellers Persons under this category come to India for a specific purpose and duration with the prior permission of the Government of India. However, in certain circumstances any one in this category could become eligible for being a refugee Internally Displaced Persons (IDP) Those persons who are fleeing persecution and human rights violations from one region of the country and have sought refuge in another region of the same country, fall under this category. Such persons cannot be categorised as ‘refugees’ as they have not crossed any international border. Criminals, Spies, Infiltrators, Militants etc None of these can ever become eligible to be refugees. They have to be dealt with under the provisions of the Indian criminal Illegal Economic Migrants laws Any foreigner who might have left his or her country of origin without due authorisation solely to improve his or her economic prospects, is not a refugee
  • 5. INDIA’S INTERNATIONAL COMMITTMEN CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com •India does not have on its statute book a specific and separate law to govern refugees. •all existing Indian laws like The Criminal Procedure Code, The Indian Penal Code, The Evidence Act etc. apply to the refugees as well. •India is not a signatory to the 1951 Convention on refugees and also the 1967 Protocol, •India is a signatory to a number of United Nations and World Conventions on Human Rights, •India became a member of the Executive Committee of the High Commissioner’s Programme (EXCOM) in 1995. •India voted affirmatively to adopt the UN Declaration of Territorial Asylum in 1967. •India accepted the principle of non-refoulement •India ratified the International Covenant on Civil and Political Rights (ICCPR •ratified the UN Convention on the Rights of the Child in 1989 •India ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)[15] in 1974
  • 6. INDIAN-PRINCIPLES CHENNAI • Refugee rights under the Convention and Protocol consist of two primary components. • First, the principle of non-refoulement, which prevents the states from returning a refugee to his or her home country where he has a well-founded fear of persecution.  It is often considered as the duty of the host state than as a right of the refugee.  • Second relates to those rights available for the refugee which affects his day to day life in the host country. These like the right to education, the right to hold property, etc.  • 3rd Floor, ‘Creative Enclave’, The later rights arise only when the first principle is exercised.  148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  • 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com principles of ‘ nonrefoulement ’ others vs. Government of Gurunathan and In the matter of  India and A.C.Mohd.Siddique vs. Government of India and others , the High Court of Madras expressed its unwillingness to let any Sri Lankan refugees to be forced to return to Sri Lanka against their will. In the case of P.Nedumaran vs. Union Of India before the Madras High Court, Sri Lankan refugees had prayed for a writ of mandamus directing the Union of India and the State of Tamil Nadu to permit UNHCR officials to check the voluntariness of the refugees in going back to Sri Lanka, and to permit those refugees who did not want to return to continue to stay in the camps in India.   The Bombay High Court in the matter of  Syed Ata Mohammadi vs. Union of India[21] , was pleased to direct that “there is no question of deporting the Iranian refugee to Iran, since he has been recognised as a refugee by the UNHCR.” 
  • 8. RIGHTS TO REFUGEES CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • • • • • • Right to work Right to education Right to social security Right to access in courts Freedom of religion SC in National Human Rights Commission v. State of Arunachal Pradesh”->“refugees are a class apart from foreigners deserving of the protection of Article 21 of the Constitution”
  • 9. Refugee Statistics Total number of displaced refugees   92,600,000 The following is for refugees, asylum-seekers, disaster displaced, internally displaced persons (IDPs), returnees (refugees and IDPs), stateless persons, and others of concern to UNHCR by origin. Top Refugee Country of Origin Number of Displaced Refugees EMAIL info@altacit.com WEBSITE www.altacit.com China 5,500,000 Philippines 3,700,000 Afghanistan 2,600,000 Iraq 746,000 Somalia 1,100,000 Syria 729,000 Dem. Rep. of the Congo 455,852 Sudan 348,500 Vietnam 339,289 206,650 197,313 195,167 154,005 Turkey COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 6,100,000 Central African Rep. Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 Nigeria Serbia BANGALORE 9,000,000 Eritrea 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 India Myanmar CHENNAI 3rd Floor, ‘Creative Enclave’, 146,385 Sri Lanka 145,711 Angola 141,020 Rwanda 129,108
  • 10. Doctrine of Responsibility to prot The aim of the doctrine is to restore the primary functions of a state as the protectors of its citizens. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Elements under the doctrine• “The Responsibility to Prevent”- This concentrates on the root cause and the direct cause of the problem which makes humanitarian crises. • “The Responsibility to react”- response is to be made to the situation making appropriate measures which even includes military intervention in extreme cases. • “The Responsibility to Rebuild”- giving assistance to recover, reconstruct and recon ciliate.  The three elements exist with that what Evans said as 'continuum of obligations’.
  • 11. Voluntary Repatriation CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com If changes happen in their homeland making it safe to return home, refugees are repatriated. This is the first hope for those forced to leave their homeland. Unfortunately, this seldom happens quickly, if ever. The feelings repatriated refugees experience include: •Fear of reprisal •Anticipation of reunions with friends and family •Fear that deaths of loved ones will be confirmed •Fear that loss of possessions will be confirmed •Fear of government’s intentions •Concern about re-integration
  • 12. MAJOR REFUGEE CATEGORIES IN INDIA CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com The major categories of refugees existing in India may be explained under three heads. 1)    Those who receive full protection according to the standard set by the Government of India eg. The Srilankan Tamil refugees and the Jumma people from Bangladesh. 2)    Whose presence in Indian territory is acknowledged by the UNHCR and protected under the principles of non-refoulement eg. Is that of Afgan, Somalian, Sudaneese, Burmeese etc. 3)    Who have entered India and have assimilated into their communities.  Their presence is not acknowledged either by the Indian Government or by UNHCR.  Eg. Tribal refugees, Nagas from Burma.
  • 13. CONCLUSITION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com India needs to review its unsure refugee law policy, evolve a regional approach and enact rules or legislation to protect persecuted refugees. This is one step towards supporting a humanitarian law for those who need it. As a refugee-prone area, South Asia requires India to take the lead to devise a regional policy consistent with the region's needs and the capacity to absorb refugees under conditions of global equity.
  • 14. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com A Presentation By Sinduja Amudanathan