HUMAN RIGHTS OF THE REFUGEES
ABSTRACT:
Refugee crisis is one of the major challenges which the world is going through today. As per the estimation of the United Nations High Commissioner for Refugees (UNHCR) there are around 36.4 million refugees all over the world by the end of the year 2023. In the Russia- Ukraine war from February 2022 around 8 million people have migrated only from Ukraine to neighboring countries like Poland, Hungary, Romania, Moldova and many other European countries. The poor conditions of living and violation of human rights of any person compel him to leave his country of residence. Various International organizations are organizing programs for the welfare of the refugees and to end this refugee crisis from the world.
INTRODUCTION:
1The word “Refugee” has been derived from a French word refugee which means to flee for safety. The “Refugees” are people who have left their country and place of their habitual residence due to persecution or cruelty suffered by them from the authorities of that country. The refugees are group of people without the protection of their national state. They leave their country and take shelter in other country where they think they can live a good and happy life and earn money to take care of their family. Nowadays, the number of refugees is on a surge for due to war like situations erupting in various countries like war between Russia and Ukraine, Israel and Palestine, breakdown of constitutional government machinery in countries like Afghanistan, Myanmar, Uganda, Iraq and various other middle east countries. Refugees from these countries are mostly migrating towards the European countries and changing the demography of Europe. Earlier Europe was considered as one of the peaceful continents but in recent few years there has been increase in the scale of violence in countries like France, Belgium, and United Kingdom etc. this is only because of the increasing number of refugees in Europe.
In recent years there has been a sharp increase in the number illegal migrants in India also from the neighbouring countries like Pakistan, Bangladesh and Myanmar people in these countries are subject to persecution and suffer various kinds of atrocities from the government authorities. If the number of refugees increases up to a large extent then it pose threat to cultural identity of the people of that country. They become partners in sharing the resources of the natives of that place for example in food, water, jobs etc. which was supposed to be for the nationals of that state.
Refugees are subject to violation of various human rights and many a times they are ill-treated. The refugee problem is considered as an international issue because at least two states are involved in this first one from where the people flee away and the second one where people go and take shelter. If the human rights of each and every individual are protected then this issue can be solved easily and the refugees may return to their beloved State. We often see news in Television or print media that ship or boat carrying refugees from one country to another country sank in the sea resulting in drowning of hundreds of innocent children and women. No one leave his place of birth happily it is the poor situation, persecution and the atrocities which forces one to leave his place of residence and travel to some other place in search of better livelihood.
The United Nations since its establishment has taken keen interest in the protection of the rights of the refugees. It has started many programs for the welfare of the refugees. The basis for the formation of the United Nations was to protect human rights, avoid world war 3, and to do work for the welfare of the people.
United Nations High Commissioner for Refugees (UNHCR)– The General Assembly of the United Nations adopted a resolution 319(IV) on 3rd December, 1949 there it decided to form UNHCR and next year on 14th December 1950 adopted the statute of the office of the UNHCR. UNHCR came into force on 1st January 1951. The UNHCR replaced the International Refugee Organisation. As per the report of UNHCR in 2007 there were around 1 crore refugees. The office works for the solution of the problems of the refugees no matter how big or small the problem is, it works for the welfare of the refugees and protect them from falling prey to wars.
CONVENTION ON THE STATUS OF REFUGEES
One of the most important tools relating to the solutions of the problems of the refugees is the Convention relating to the status of the refugees of 1951 which was officially adopted on 28th July 1951. This convention came on force from 22nd April 1954. This convention has been ratified by around 146 nations by 18th February, 2020. The main provisions of this convention and rights of refugees are as follows-
2RIGHTS OF REFUGEES
PROTECTION AGAINST DISCRIMINATION- The refugees are given protection against any kind of discrimination. Various statutes provide protects refugees from racial discrimination. Refugees are also human beings they also have the right to live with dignity. The refugees should be protected against any kind of sexual offences specially women and children. Most of the violent crime and sexual offences occur against women only.
RIGHT TO SEEK ASYLUM – The migrant refugees have the right to seek asylum in any country but it depends on that country whether it gives access to them or not. The refugees whether living in any country should follow the rules and regulations made for them by the authorities, if they do not follow than it may create a chaos like situation which will be very difficult to handle in future.
RIGHT TO SHELTER, WORK AND EDUCATION- The refugees are given several rights such as the right to work to earn their livelihood so that they can raise their standard of living and bring happiness for their family. Right to shelter means the refugees are given proper facility of housing so that they can live without any obstruction. Right to education to the children of refugees is a major step take by Economic and Social Council (ECOSOC) an important organization of United Nations. It thrives to bring excellence in the field of education so the educated children of the refugees can bring back the previous glory to them and the refugees can return back to their motherland. These are the basic human rights which is available to each and every human being only for the sake of his or her living. These are the basic civil rights which should be provided to refugees without any discrimination based on religion, caste or state of origin.
RIGHT TO HEALTH- The refugees have the right to get clean and good healthy environment to survive because while travelling from one place to another they are prone to many kinds of unhealthy food and water. Their mental and physical health should be taken care off with due care and proper responsibility.
RIGHT TO FREEDOM OF MOVEMENT- The refugees are provided with the protection of freedom of movement so that they can enjoy also. One cannot be forced to stay only inside the asylum houses because he is a refugee. Each and every refugee has the right to move freely in the host state with the lawful document provided by that state.
RIGHT TO ACCESS TO COURTS- Article 16 of this convention states that refugees should have right to free access to the courts. Once a person gets the status of refugee, he is considered as refugee unless and until he gets the nationality of any state or he returns to the State of his birth. Refugee will get all the rights in order to have access to the courts in the same way as an ordinary citizen of that State gets. There should be no discrimination based on any ground with the refugee.
TREATMENT OF THE REFUGEES – Article 20 to 33 of chapter IV of this convention deals with the welfare of the refugees. Refugees are supposed to be treated as their own nationals by the states in many cases such as social security, labour laws, education etc. The hosting state shall give relaxations in taxes and other duties.
TRAVEL DOCUMENTS- Article 28 of the convention deals that the states who were the signatories of this convention should provide proper lawful documents so that they can travel within the territory as well as outside the territory freely and without any kind of obstruction keeping in mind that the travel document should not cause any kind of threat to the nation security of the state.
GENERAL OBLIGATION- Article 2 of the convention talks about some of the duties of the refugees which refugees should follow in the country which is hosting them. It is expected from the refugees that shall follow the rules and regulations of the state and help in maintaining the law and order of the state.
EXPULSION OF REFUGEES- Article 32 of this convention says that the signatories of this convention should not expel any of the refugees on the allegations of threat to national security or any kind of public order.
CONCLUSION
India is not the signatory of the convention of 1951 but it always respects the human rights of any person, since ancient times. Indians follow the policy of “Vasudhaiv Kutumbakam” which means the entire world is one family. India has provided asylum to one of the biggest Buddhist religious leader Dalai Lama of Tibet who left his motherland along with his followers due to the persecution of Chinese authorities. India has given shelter to many Hindus, Sikhs, Christians and Parsees of Pakistan, Bangladesh and Afghanistan. But refugees from Myanmar namely Rohingyas have created a kind of chaos in India because in recent years wherever the violence or riot like situation has occurred there has been involvement of the Rohingyas as found by the Security forces and Intelligence agencies of India. According to the government estimation there are more than 40000 Rohingyas living in India. The illegal migrants from Myanmar, Bangladesh are changing the demography of North Eastern states of India and have posed a threat to the cultural uniqueness of these states. Not all refugees are good, India cannot give shelter to everyone because we too have some limitations as our population is more than 142 crore and still increasing, we have little resources to fulfil the needs of lot of people.
