The document discusses the rights of refugees under international law. It defines a refugee according to the 1951 Refugee Convention as someone who has fled their country due to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. It outlines that refugees' basic rights include protection from refoulement, freedom of movement, identity documents, education and work. It also discusses the role of the UNHCR in protecting refugees and lists some populations of refugees in India, such as Tibetans, Sri Lankan Tamils, Bhutanese Nepalis and Hindu Pakistanis.

1. RIGHTS OF REFUGEES
MD AAQUIB
SAHRWARDI
ND

2. REFUGEE
THE TERM “REFUGEE” SHALL APPLY TO ANY PERSON WHO:
“...OWING TO WELL-FOUNDED FEAR OF BEING PERSECUTED FOR
REASONS OF RACE, RELIGION, NATIONALITY, MEMBERSHIP OF A
PARTICULAR SOCIAL GROUP OR POLITICAL OPINION, IS OUTSIDE
THE COUNTRY OF HIS NATIONALITY AND IS UNABLE OR, OWING TO
SUCH FEAR, IS UNWILLING TO AVAIL HIMSELF OF THE
PROTECTION OF THAT COUNTRY; OR WHO, NOT HAVING A
NATIONALITY AND BEING OUTSIDE THE COUNTRY OF HIS FORMER
HABITUAL RESIDENCE AS A RESULT OF SUCH EVENTS, IS UNABLE
OR, OWING TO SUCH FEAR, IS UNWILLING TO RETURN TO IT.”
(ARTICLE 1(A)2, 1951 REFUGEE
CONVENTION )

3. REFUGEES ARE DEFINED BY THREE BASIC
CHARACTERISTICS :
• THEY ARE OUTSIDE THEIR COUNTRY OF ORIGIN OR OUTSIDE
THE COUNTRY OF THEIR FORMER HABITUAL RESIDENCE;
• THEY ARE UNABLE OR UNWILLING TO AVAIL THEMSELVES OF
THE PROTECTION OF THAT COUNTRY OWING TO A WELL-
FOUNDED FEAR OF BEING PERSECUTED; AND
• THE PERSECUTION FEARED IS BASED ON AT LEAST ONE OF
FIVE GROUNDS: RACE, RELIGION, NATIONALITY, MEMBERSHIP
OF A PARTICULAR SOCIAL GROUP, OR POLITICAL OPINION.
• 80 % OF TODAY'S REFUGEES ARE WOMEN AND CHILDREN

4. • THE CAUSES OF EXODUS HAVE ALSO MULTIPLIED AND NOW
INCLUDE NATURAL OR ECOLOGICAL DISASTERS AND EXTREME
POVERTY.
• AS A RESULT, MANY OF TODAY'S REFUGEES DO NOT FIT THE
DEFINITION CONTAINED IN THE CONVENTION RELATING TO
THE STATUS OF REFUGEES. THIS REFERS TO VICTIMS OF
PERSECUTION FOR REASONS OF RACE, RELIGION,
NATIONALITY, MEMBERSHIP OF A PARTICULAR SOCIAL GROUP
OR POLITICAL OPINION.

5. UNITED NATIONS HIGH
COMMISSIONER FOR REFUGEES
(UNHCR)
• IN ITS RESOLUTION 319 A (IV) OF 3 DECEMBER 1949, THE UN
GENERAL ASSEMBLY DECIDED TO ESTABLISH THE OFFICE
OF THE UNITED NATIONS HIGH COMMISSIONER FOR
REFUGEES
• THE OFFICE WAS SET UP AS A SUBSIDIARY ORGAN OF THE
GENERAL ASSEMBLY ON 1JANUARY 1951, INITIALLY FOR A
PERIOD OF THREE YEARS
• THE MANDATE OF UNHCR HAS SINCE BEEN ROUTINELY
EXTENDED FOR SUCCESSIVE PERIODS OF FIVE YEARS
• THE OFFICE IS LOCATED AT GENEVA, SWITZERLAND, AND IS
REPRESENTED IN OVER 100 DIFFERENT COUNTRIES

6. FUNCTIONS OF UNHCR
• ACCORDING, TO ARTICLE 1 OF THE STATUTE OF THE
OFFICE, THE MAIN TASK OF THE HIGH COMMISSIONER
IS TO PROVIDE INTERNATIONAL PROTECTION TO
REFUGEES AND TO SEEK DURABLE SOLUTIONS FOR
REFUGEES BY ASSISTING GOVERNMENTS TO
FACILITATE THE VOLUNTARY REPATRIATION OF
REFUGEES, OR THEIR INTEGRATION WITHIN NEW
NATIONAL COMMUNITIES. THE HIGH COMMISSIONER'S
FUNCTION IS QUALIFIED AS "ENTIRELY NON-
POLITICAL" AND "HUMANITARIAN AND SOCIAL.“

7. OTHER TASKS INCLUDES:
 PROMOTING THE CONCLUSION AND RATIFICATION OF
INTERNATIONAL CONVENTIONS FOR THE PROTECTION OF
REFUGEES, SUPERVISING THEIR APPLICATION AND
PROPOSING AMENDMENTS;
 PROMOTING MEASURES TO IMPROVE THE SITUATION OF
REFUGEES AND TO REDUCE THE NUMBER REQUIRING
PROTECTION;
 ASSISTING EFFORTS TO PROMOTE VOLUNTARY
REPATRIATION OR ASSIMILATION WITHIN NEW NATIONAL
COMMUNITIES;
 PROMOTING THE ADMISSION OF REFUGEES TO THE
TERRITORIES OF STATES;

8. INSTRUMENTS ON RIGHTS OF
REFUGEES

9. THE 1951 CONVENTION
RELATING TO THE STATUS OF
REFUGEES
• THE 1951 CONVENTION DRAFTED AS A RESULT OF A RECOMMENDATION BY
THE UNHCR
• THE CONVENTION SETS THE MINIMUM STANDARDS OF TREATMENT OF
REFUGEES, INCLUDING THE BASIC RIGHTS TO WHICH THEYARE ENTITLED.
• IT ALSO ESTABLISHES THE JUDICIAL STATUS OF REFUGEES AND CONTAINS
PROVISIONS ON THEIR RIGHTS TO
 GAINFUL EMPLOYMENTAND WELFARE
 ON THE ISSUE OF IDENTITY PAPERS AND TRAVEL DOCUMENTS
 ON THE APPLICABILITY OF FISCAL CHARGES AND
 ON THEIR RIGHT TO TRANSFER THEIR ASSETS TO ANOTHER
COUNTRY WHERE THEY HAVE BEEN ADMITTED FOR THE PURPOSES
OF RESETTLEMENT.

10. 1967 PROTOCOL RELATING TO
THE STATUS OF REFUGEES
• THE 1951 CONVENTION COULD BENEFIT ONLY PERSONS
WHO HAD BECOME REFUGEES AS A RESULT OF EVENTS
OCCURRING PRIOR TO 1 JANUARY 1951
• THE 1967 PROTOCOL EXTENDED THE APPLICATION OF THE
CONVENTION TO THE SITUATION OF "NEW REFUGEES", I.E.
PERSONS WHO, WHILE MEETING THE CONVENTION
DEFINITION, HAD BECOME REFUGEES AS A RESULT OF
EVENTS THAT TOOK PLACE AFTER 1 JANUARY 1951

11. OTHER INTERNATIONAL
INSTRUMENTS
• THE 1949 FOURTH GENEVA CONVENTION RELATIVE TO THE
PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR : ARTICLE 44 OF
THIS CONVENTION, WHOSE AIM IS THE PROTECTION OF CIVILIAN
VICTIMS, DEALS WITH REFUGEES AND DISPLACED PERSONS. ARTICLE
73 OF THE 1977 ADDITIONAL PROTOCOL STIPULATES THAT REFUGEES
AND STATELESS PERSONS SHALL BE PROTECTED PERSONS UNDER
PARTS I AND III OF THE FOURTH GENEVA CONVENTION.
• THE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS
PERSONS: DEFINES THE TERM "STATELESS PERSON" AS A PERSON WHO
IS NOT CONSIDERED AS A NATIONAL BY ANY STATE UNDER THE
OPERATION OF ITS LAW. IT FURTHER PRESCRIBES THE STANDARDS OF
TREATMENT TO BE ACCORDED TO STATELESS PERSONS.

12. CONSTITUTION OF INDIA
• ARTICLE 51. PROMOTION OF INTERNATIONAL PEACE AND
SECURITY- THE STATE SHALL ENDEAVOUR TO-
(a) PROMOTE INTERNATIONAL PEACE AND SECURITY;
(b) MAINTAIN JUST AND HONOURABLE RELATIONS BETWEEN
NATIONS;
(c) FOSTER RESPECT FOR INTERNATIONAL LAW AND TREATY
OBLIGATIONS IN THE DEALINGS OF ORGANIZED PEOPLES WITH
ONE ANOTHER; AND
(d) ENCOURAGE SETTLEMENT OF INTERNATIONAL DISPUTES BY
ARBITRATION.
• ARTICLE 355. DUTY OF THE UNION TO PROTECT STATES AGAINST
EXTERNAL AGGRESSION AND INTERNAL DISTURBANCE–IT SHALL BE
THE DUTY OF THE UNION TO PROTECT EVERY STATE AGAINST
EXTERNAL AGGRESSION AND INTERNAL DISTURBANCE AND TO
ENSURE THAT THE GOVERNMENT OF EVERY STATE IS CARRIED ON IN
ACCORDANCE WITH THE PROVISIONS OF THIS CONSTITUTION.

13. RIGHTS OF REFUGEES

14. RIGHTS OF CHILD REFUGEES
• 1955 CONVENTION ON THE RIGHTS OF CHILDREN
• ARTICLE 13 (1) – FREEDOM OF EXPRESSION, FREEDOM TO SEEK,
RECEIVE AND IMPART INFORMATION AND IDEAS
• ARTICLE 14 (1) – FREEDOM OF THOUGHT, CONSCIENCE AND
RELIGION
• ARTICLE 15 (1) – RIGHT OF FREEDOM OF ASSOCIATION AND
PEACEFULASSEMBLY
• ARTICLE 37 (A) – PROHIBITION OF TORTURE AND OTHER CRUEL,
INHUMAN OR DEGRADING TREATMENT
• ARTICLE 37 (B) – PROTECTION OF CHILD AGAINST UNLAWFUL AND
ARBITRARY DEPRIVATION OF LIBERTY. THE ARREST OR DETENTION
SHALL BE IN CONFORMITY WITH LAW AND FOR THE SHORTEST
POSSIBLE DURATION

15. REFUGEE RIGHTS INCLUDE
• PROTECTION FROM BEING FORCIBLY RETURNED TO A COUNTRY
WHERE THEY WOULD BE AT RISK OF PERSECUTION.
• PROTECTION FROM DISCRIMINATION
• PROTECTION FROM PENALTIES FOR ILLEGAL ENTRY
• THE RIGHT TO WORK, HOUSING AND EDUCATION
• THE RIGHT TO FREEDOM OF MOVEMENT
• THE RIGHT TO IDENTITYAND TRAVEL DOCUMENTS
• RIGHT TO ENJOYASYLUM

16.  NO ONE SHALL BE SUBJECT TO ARBITRARY ARREST,
DETENTION OR EXILE (UNIVERSAL DECLARATION OF HUMAN
RIGHTS, ARTICLE 9)
 EVERYONE HAS THE RIGHT TO SEEK AND TO ENJOY IN
OTHER COUNTRIES ASYLUM FROM PERSECUTION (UNIVERSAL
DECLARATION OF HUMAN RIGHTS, ARTICLE 14)
 EVERYONE HAS THE RIGHT TO A NATIONALITY (UNIVERSAL
DECLARATION OF HUMAN RIGHTS, ARTICLE 15)
 EVERYONE HAS THE RIGHT TO FREEDOM OF MOVEMENT
AND RESIDENCE WITHIN THE BORDERS OF EACH STATE
(UNIVERSAL DECLARATION OF HUMAN RIGHTS, ARTICLE 13;
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS,
ARTICLE 12)

17. REFUGEE POPULATION IN
INDIA

18. TIBETAN REFUGEES
• FOLLOWING THE CHINESE INCURSION IN 1951, CHINA
CONTINUED TO PERPETRATE HUMAN RIGHTS VIOLATIONS IN
TIBET
• DALAI LAMA WHO HEADED THE GOVERNMENT - HIS
PERSONAL SECURITY WAS THREATENED AND FORCED TO FLEE
• - FOLLOWED BY AN EXODUS OF TIBETAN PEOPLE UNABLE TO
LIVE UNDER CHINESE OPPRESSION
• IN1959, APPROXIMATELY 80,000 TIBETANS FLED TO INDIA WITH
A STEADY FLOW FILTERING INTO INDIA IN THE YEARS THAT
FOLLOWED

19. SRI LANKAN REFUGEES
• SRI LANKA HAS BEEN EMBROILED IN CONFLICT BETWEEN THE SRI
LANKAN ARMY AND THE LIBERATION TIGERS OF TAMIL EELAM
(LTTE) WHO ARE FIGHTING FOR INDEPENDENCE FOR THE MINORITY
TAMIL POPULATION
• THE CONFLICT HAS LEFT AS MANY AS 70,000 PEOPLE DEAD AND ONE
MILLION PEOPLE DISPLACED
• TAMILS FROM SRI LANKA HAVE BEEN FLEEING THEIR HOME
COUNTRY FOR INDIA SINCE 1983 WHEN THE CONFLICT BEGAN
• MANY ARE FORCED TO FLEE THE COUNTRY IN ORDER TO ESCAPE
TORTURE, RAPE AND DISAPPEARANCES PERPETRATED BY THE
SECURITY FORCES
• IN JUNE 2007 IT WAS ESTIMATED THAT APPROXIMATELY 18,000 TAMILS
HAD UNDERTAKEN THIS JOURNEY TO TAMIL NADU IN THE PREVIOUS
18 MONTHS

20. BHUTANESE REFUGEES
• EXPULSIONS OF HINDU NEPALESE WHO FELL FOUL OF THE
CITIZENSHIP ACT BEGAN IN 1988. STREET PROTESTS AND
HUNGER STRIKES TOOK PLACE IN THE SOUTH TO
DEMONSTRATE AGAINST THE MEASURES TAKEN AGAINST THE
HINDU NEPALESE POPULATION.
• AFTER SEVERAL RAIDS AND BOMBINGS, THE BHUTANESE
AUTHORITY ORDERED THE CLOSURE OF LOCAL NEPALESE
SCHOOLS, CLINICS, AND DEVELOPMENT PROGRAMS.
• MANY ETHNIC NEPALESE WERE FORCIBLY EVICTED AND
FORCED TO CROSS THE INDIAN BORDERS INTO ASSAM AND
WEST BENGAL
• THERE REPORT REFUGEE POPULATIONS IN INDIA, 2007 ARE
BETWEEN 15,000 AND 30,000 ETHNIC NEPALIS LIVING IN INDIA

21. HINDU PAKISTANI REFUGEES
• THE TENSE INTER-COMMUNAL RELATIONS BETWEEN THE HINDU AND
MUSLIM COMMUNITIES IN PAKISTAN HAVE BECOME MORE APPARENT
SINCE THE INDO-PAK WARS OF 1965 AND 1971.
• GROWING INSECURITY AMONGST HINDUS, PARTICULARLY WITH THE
RISE OF RIGHT-WING ISLAMIST GROUPS IN THE COUNTRY CAUSED
MORE HINDUS TO LEAVE FOR INDIA
• AFTER THE DESTRUCTION OF THE BABRI MASJID IN AYODHYA IN 1992,
THE BACKLASH AGAINST THE HINDU POPULATION CAUSED MANY
MORE TO FLEE TO INDIA.
• ROUGHLY 115,000 PEOPLE DISPLACE FROM PAKISTAN HAVE ARRIVED IN
INDIA SINCE 1965 AND MOST HAVE SETTLED IN RAJASTHAN OR
GUJARAT

22. THANK YOU