Refugees and Internally Displaced Persons (IDPs) Disadvantaged Group Refugees and Internally Displaced Persons (IDPs)

Refugee According to Article 1A of United Nations Convention on the Refugee, 1951, a refugee means: “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, is unable or, owing to such fear, is unwilling to return to it.”

Internally Displaced Person According to UN Principles of Internal Displacement, an IDP means: “Internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.”

Causes of Displacement Armed Conflict Violence Violation of human rights Disasters Other factors: Other causes of internal displacement can be large scale development projects (dams, mining centres, SEZs etc.) built without making an attempt to compensate, rehabilitate and resettle the displaced population by the Government.

Legal protection to internally displaced persons: International Perspective In 1990, the General Assembly handed over the function of coordination and assistance to internally displaced persons to Resident Coordinators. In 1991, the post of Emergency Relief Coordinator (ERC) was created to promote more rapid and consistent response to emergency situations. In 1992, United Nations created the Inter-Agency Standing Committee (IASC) under the leadership of Emergency Relief Coordinator (ERC) to strengthen coordination in emergency situations. This committee composed of the heads of the major United Nations humanitarian and development agencies. In 1997, Executive Committee on Humanitarian Affairs (ECHA) was created by the Secretary General of UN. This committee was chaired by ERC and composed of the heads of humanitarian and development agencies and the UN department on peacekeeping and political affairs. Later on a new department called Department of Humanitarian Affairs (DHA) was established to assist the ERC. After some time DHA was replaced by a smaller office named as Office for the Coordination of Humanitarian Affairs (OCHA). In 1992, the United Nations Commission on Human Rights requested the Secretary General to appoint a Representative on the issues of Human Rights of Internally Displaced Persons for better understanding of problems faced by them. The Representative with the support of the Secretary General established Legal norms on Internal Displacement in 1994. These legal norms were framed to provide an effective system at national, regional and international level for the protection of IDPs. Later on, with a team of legal experts and scholars and in consultation with non-governmental, regional and international organizations, new international standards were framed in 1998. These were called Guiding Principles on Internal Displacement or Deng Principles.

Rights of Internally Displaced Persons in India Article 21: It provides the framework for securing the right to life. Article 29: It guarantees the right to preserve the cultural identity of any citizen or group of citizens from Governmental encroachment. Article 39: It directs the state to secure its citizens with right to an adequate means of livelihood. Article 41: It is the responsibility of state to secure the right to work, education and to public assistance in cases of unemployment, old age, sickness and in other case of disabilities. The Supreme Court expanded the meaning of right to life (Article 21) to include the ‘right to livelihood’. The Supreme Court of India further elaborated on right to life to include right to adequate shelter. The Supreme Court held that the right to life includes the right to food, water, decent environment, education, medical care and shelter. The Court further held that right to life prohibited the eviction of slum dweller families unless alternative accommodations are provided. In another case the Supreme Court held that right to ‘live’ is not merely confined to physical existence but includes within its ambit the right to live with human dignity. As per Land Acquisition Act, 1894 government can acquire land for public purposes. It says that State has no obligation to rehabilitate the displaced population. Only the State of Maharashtra has a legislative enactment which recognizes the rights of displaced people. Other States have passed only resolutions and circulars regarding adequate resettlement and rehabilitation of displaced persons.

Legal Protection to Refugees: International Perspective UNHCR (UN High Commissioner for Refugees): 1950 Refugee Convention, 1951: This convention provides codification of Refugee rights internationally. Refugee Protocol, 1967: This was made to ensure that any person (in need) can exercise the right to seek and take refuge in another country.

Legal Protection to Refugees: International Perspective These cover three main areas: The fundamental refugee definition, along with provisions for cessation of and elimination from refugee status The legal position of refugees in their country of asylum, their rights and duties, including the rights to be guarded against forceful return, or deportation to a country where their lives or freedom would be in jeopardy State’s obligations and collaboration with UNHCR in exercising its purposes and administering the appliance of the Convention.

Legal Protection of Refugees in India India does not have a specific and separate law to govern refugees. India is not a signatory to the 1951 Convention on refugees and also the 1967 Protocol. But in 1995, India became a member of the Executive Committee of the High Commissioner’s Programme (EXCOM). EXCOM is the organisation of the UN, which approves and supervises the assistance programme of UNHCR (United Nations High Commissioner for Refugees). India voted to adopt the UDHR which affirms rights for all persons, citizens and non- citizens alike.

Legal Protection of Refugees in India India also voted affirmatively to adopt: UN Declaration of Territorial Asylum in 1967 International Covenant on Civil and Political Rights (ICCPR)  International Convention on Economic, Social and Cultural Rights (ICESCR) in 1976 UN Convention on the Rights of the Child in 1989 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1974. India accepted the principle of non- refoulement (protection of refugees from being returned or expelled to places where their lives or freedoms could be threatened) Constitutional provisions

Violation of Rights of Refugees and IDPs Deprivation of Rights due to displacement Early emergency phase: All fundamental rights are violated in the situation of emergency. People have to displace from their homes. Care and Maintenance phase: State is not able to provide healthy environment, basic facilities and care to the displaced people. Transitional re-integration phase: Rehabilitation and re-settlement becomes a problem. Government is not able to provide them employment, security and development opportunities. This violates their right to life with dignity. Long term development phase: Their movement from a stable environment to an unstable environment present lots of challenges in front of them. For rest of their life they keep on fighting with such challenges and earn their livelihood.

Violation of Rights of Refugees and IDPs Issues of Security and protection Security: Security here refers to physical and material safety. When they are in camps various security issues arise, like theft, murder, genocide (deliberate killing of large group of people), rape, torture, forced prostitution, mutilation (serious damage), starvation etc. Protection: Protection here means legal protection and personal protection and freedom from fear and persecution. These people face discrimination in social as well as legal terms. This violates their right to equality. These people are subjected to arbitrary arrest and detention.

Violation of Rights of Refugees and IDPs Deprivation of right to adequate standard of living Deprivation of right to employment Deprivation of right to education

Violation of Rights of Refugees and IDPs Restrictive measure of government: Government introduces restrictive measures that hamper access to their territories. E.g. complicated visa requirements for nationals of some countries, fines imposed on airlines that carry undocumented aliens. Ill treatment: Inappropriate refugee determination procedures Refoulement: Some times refoulement takes inhumane forms, like forcible return of asylum seekers to their home countries. Threat: Their liberties and security may be threatened. Physical assaults: Detention of asylum-seekers for extended periods without legitimate reasons and harsh interrogation procedures. No protection Denial of rights: Even after the determination of their refugee status, they may be confronted by numerous restrictions and obstacles: Loss of Freedom: In some cases refugees are confined to camps. No legal protection: Some time they are refused to access to courts and legal aid. No livelihood opportunities Degraded living conditions