Refugees: A Pocket Guide To

A POCKET GUIDE TO
REFUGEES
External Relations Publication

UNHCR, New Delhi
May 2008
Contents
Third Edition: May 2008 Refugees: A Common Concern 5

Second Edition: September 2004
First Edition: April 2004 Definitions and Conventions 11
About UNHCR 33
UNHCR in India 61
Photographs UNHCR Geneva (Media Library)

UNHCR India (Sohail Akbar,
Nayana Bose)
3
Refugees:
A Common Concern
“There is no greater sorrow on earth than the loss of one’s

native land” – Euripides
The word refugee is evocative, powerful even. Images of

fleeing populations struggling with their “belongings”
desperately crossing borders, images of refugee camps,
with women trudging with water or children waiting to
be fed and images of injured people being cared for, are
only some of those that come to mind. Images of 1947
and 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 are
entitled to international protection, which guarantees
basic human rights. Those who migrate for purely eco-
nomic reasons are not refugees. Individuals who have
committed crimes against humanity, crimes against
peace or war crimes are not recognised as refugees.
This publication will explain the differences between
asylum seekers, refugees, migrants and internally dis-
placed people. It will elaborate on the definition in the
5
A POCKET GUIDE TO REFUGEES
1951 UN Convention and others. It will expand on the

role of the United Nations High Commissioner for
Refugees (UNHCR) with particular reference to its
mandate in India.
This publication is intended to be a pocket guide for

media persons, students, activists and others interested
in refugee issues. It is not a legal guide and is intention-
ally written for the general public. Divided broadly into
three sections, the first section will focus on the defini-
tions and conventions; the second section will focus on
UNHCR and its mandate, and the last section will focus
exclusively on UNHCR in India.
6
Part I
Definitions and
Conventions
ASYLUM SEEKER
Anyone fleeing from his or her own country seeking

sanctuary in another state, is an asylum seeker. Asylum
seekers have the right to receive legal protection until
the process of verification (refugee status determina-
tion) is completed. In most countries, this could be a
lengthy process.
REFUGEES
A refugee is a person who has fled his/her country 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/her nationality, and is unable or, owing to such fear is
unwilling to avail himself/ herself the protection of that
country. UN Convention relating to the Status of
Refugees, 1951.
The 1951 Geneva Convention relating to the Status of
11
A POCKET GUIDE TO REFUGEES A POCKET GUIDE TO REFUGEES
Refugees, clearly spelt out for the first time who a refugee through the 1951 Convention is based on the grant of
is and the kind of legal protection, other assistance and asylum, the recognition of refugee status and the princi-
social and economic rights he or she should receive from ple of non-refoulement. Article 33 of the Convention/
countries which have signed the Convention. In short, Protocol explains non-refoulement: “No contracting
refugee status is based on five grounds: a well-founded state shall expel or return (refouler) a refugee in any
fear of persecution that is a threat to life or liberty, manner whatsoever to the frontiers of the territories
because of race, religion, nationality, membership of a where his life or freedom would be threatened on
particular social group, and or political opinion. Equally, account of his race, religion, nationality, membership of
it defined a refugee’s obligations to host governments and a particular social group or political opinion.” Non-
certain categories of persons, such as war criminals, who refoulement or no forcible return is a cardinal principle
do not qualify for refugee status. It spelt out a set of basic of refugee law.
human rights which should be at least equivalent to
freedoms enjoyed by foreign nationals living legally in a The 1951 Convention and its 1967 Protocol remain the
given country and in many cases, those of citizens of most important, and the only universal instruments of
that state. It recognised the international scope of refugee law. As of December 2007, a total of 147 states
refugee crises and the necessity of international have acceded to one or both of the UN instruments.
co-operation, in tackling the challenge.
Some common questions on the Convention include
The Convention was limited to protecting mainly the following:
refugees in the aftermath of World War II, but a 1967
Protocol expanded the scope of the Convention as the What is contained in the 1951 Convention?
problem of displacement spread around the world. It It defines what the term ‘refugee’ means. It outlines a
removed the geographical and time limitations written refugee’s rights including freedom of religion and move-
into the original Convention under which mainly ment, freedom from being penalised for illegal entry
Europeans involved in events occurring before 1 January and being deported unless certain conditions are met,
1951, could apply for refugee status. the right to work, education and accessibility to travel
documents, but it also underscores a refugee’s obliga-
In practice, the international protection of refugees tions to a host government. A key provision stipulates
12 13
that refugees should not be returned, or refouled, to a firmed in its Declaration, the validity of the 1951
country where he or she fears persecution. It also spells Convention and pledged to meet their obligations and
out people or groups of people who are not covered by to uphold the values and principles embodied in the
the Convention. Convention and its Protocol.
Who protects refugees? Can the Convention resolve refugee problems?

Host governments are primarily responsible for protect- People become refugees, either on an individual basis
ing refugees and states party to the Convention and/or or as part of a mass exodus, because of political, reli-
the Protocol are obliged to carry out its provisions. The gious, military and other problems in their home
UN Refugee Agency, UNHCR ensures implementation country. The Convention was not designed to tackle
of convention obligations in countries that have signed these root causes, but rather to alleviate their conse-
the Convention and ensures that bona fide refugees are quences by offering victims a degree of international
granted asylum and are not forcibly returned to coun- legal protection and other assistance and eventually to
tries where their lives may be in danger. help them begin their lives anew. The Convention is
meant as a tool for international solidarity and for
Is the Convention still relevant for the new millennium? sharing the responsibility of hosting refugees.
Yes. It was originally adopted to deal with the aftermath Protection can contribute to an overall solution, but as
of World War II in Europe and growing East-West politi- the number of refugees increased dramatically in
cal tensions. But though the nature of conflict and recent decades, it has become clear that humanitarian
migration patterns have changed in the intervening work cannot act as a substitute for political action in
decades, the Convention has proved remarkably avoiding or solving future crises.
resilient in helping to protect an estimated 50 million
people in all types of situations. As long as persecution Is a Convention signatory required to give permanent
of individuals and groups persists, there will be a need asylum to all refugees?
for the Convention. The Convention does not provide automatic or perma-
nent protection to all refugees. There will be situations
In December 2001, the Ministerial Meeting of States where refugees will integrate permanently in their coun-
Parties to the 1951 Convention and/or its Protocol, reaf- try of asylum, but alternatively a person may cease to be
14 15
a refugee when the basis for his or her refugee status adopted the 1951 definition of a refugee and expanded
ceases to exist. it to include “every person who, owing to external
aggression, occupation, foreign domination or events
Can non-Convention countries refuse to admit asylum seriously disturbing public order in either part or the
seekers? whole of his country of origin or nationality, is com-
The principle of non-refoulement – the forcible return of pelled to leave his place of habitual residence in order to
people to countries where they face persecution – is part seek refuge in another place outside his country of ori-
of customary international law and is binding on all gin or nationality.”
states. It takes into account the principle of non-rejec-
tion at the border. Therefore, all governments should Similarly, reflecting regional needs and priorities in
ensure asylum seekers have genuine access to have their Latin America, the Cartagena Declaration on Refugees
claims heard. adopted by the Colloquium of the International
Protection of Refugees in Central America, Mexico and
Does the very fact of accession to the Convention provide Panama in 1984 elaborated the definition of refugees
a ‘pull’ factor for increasing numbers of asylum seekers? to include “among refugees persons who have fled their
No. Some states hosting the largest refugee populations country because their lives, safety or freedom have been
are not parties to refugee instruments. Geopolitical con- threatened by generalised violence, foreign aggression,
siderations or family links play a more crucial role as far internal conflicts, massive violation of human rights or
as destination is concerned. other circumstances which have seriously disturbed
public order.” The Cartagena Declaration remains the
Regional Conventions first document in Latin America to establish guidelines
The definition of a refugee in the Convention is based for states with mass inflows of refugees. It was also the
on individual persecution and does not focus on extra- first international declaration recognising that the vic-
neous factors. In 1969, reflecting the realities of Africa tims of massive human rights violations deserved
during a period of struggle for self-determination and refugee status.
national development, the Organisation of African
Unity (OAU) adopted the Convention Governing the In Asia, the Bangkok Principles promulgated under
Specific Aspects of Refugee Problems in Africa. It the auspices of Asian-African Legal Consultative
16 17
Organisation (AALCO 1966, revised in 2001) provide a vii. The right to public education
refugee definition that takes into account the specifies of
the Asia/Africa region based on wider parameters. Cessation of Refugee Status
Expanding on the Convention, OAU and Cartagena defi- There are circumstances when a person, recognised as a
nitions, the Bangkok Principles also include in the defini- refugee, may no longer qualify to be classified as such.
tion of refugees, persons who have a well founded fear of The 1951 Convention stipulates that a person ceases to
persecution due to colour, ethnic origin and gender. The be a refugee if:
Bangkok Principles also clearly state that “the lawful i. He or she has voluntarily re-availed himself or her-
dependants of a refugee shall be deemed to be refugees.” self of the protection of the country of his or her
nationality
Refugee Rights ii. Having lost his or her nationality, he or she has vol-
Refugees have certain rights under the 1951 Convention untarily re-acquired it
and 1967 Protocol. However, even in countries that have iii. He or she has acquired a new nationality
not signed the Convention/Protocol, these rights are by iv. He or she has voluntarily re-established himself or
and large, respected as they maybe part of a national herself in the country which he or she left
legislation on refugees in those countries, or guaranteed v. The circumstances in connection with which he or
in the Constitution of that country. In brief, the rights of she has been recognised as a refugee have ceased to
refugees include: exist, and he or she can no longer continue to refuse
i. The right not to be returned to a county where they the protection of the country of his or her nationality
are likely to face persecution (the principle of non- vi. He or she is without a nationality, but because cir-
refoulement) cumstances in connection with which he or she has
ii. The right not to be expelled, except under certain been recognised as a refugee have ceased to exist, is
strictly defined conditions now able to return to his or her country of former
iii. Exemption from penalties for illegal entry into the habitual residence
territory of a contracting state
iv. Freedom of religion and free access to courts Exclusion: When a person cannot be given refugee status
v. Freedom of movement The exclusion clause of the 1951 Convention is meant to
vi. The right to identity papers and travel documents ensure the integrity of refugee protection by excluding
18 19
from its coverage persons who do not deserve to be civil war and external aggression. The crucial difference
recognised and protected as refugees. It reassures gov- is that they do not cross an international border - IDPs
ernments that persons not deserving of refugee status remain within their own territory and therefore are still
will not be recognised as such, even though they may subject to the laws of their country. They are still in prin-
have a well-founded fear of persecution. The exclusion ciple, however not always in practice, protected by their
clause applies to people who have committed a crime government, albeit in a different part of the country.
against peace, a war crime or crime against humanity, or
a serious non-political crime outside the country of Internally Displaced Persons often face a much more
refuge prior to admission to that country as refugees; or difficult and hazardous future. Their principal source of
they have been guilty of acts contrary to the purposes legal protection and material assistance is their own
and principles of the United Nations. government which may, however, view the displaced
with caution or as ‘enemy sympathisers’ in a civil con-
The exclusion clause also applies to persons already flict and which may be in no position anyway to offer
receiving protection or assistance from agencies of the emergency food, medicine or shelter. There are also sit-
UN, other than UNHCR. Examples are certain cate- uations where the governments may have no control
gories of Palestinians, who are helped by the United over a geographic area and therefore cannot provide
Nations Relief and Works Agency for Palestine Refugees protection to its own citizens.
in the Near East (UNRWA). Lastly, the exclusion clause
applies to persons who are not considered to be in need In 1992 Sudanese lawyer and diplomat Francis M. Deng
of international protection because they are in a coun- was appointed to the newly-created post of Special
try where they have been granted most of the rights nor- Representative of the UN Secretary-General for
mally enjoyed by nationals, short of formal citizenship. Internally Displaced Persons, a recognition that this
group of disenfranchised people needed protection.
INTERNALLY DISPLACED PERSONS (IDPs) One of Deng’s first tasks was to look at all existing
human rights, refugee and humanitarian laws and other
Internally displaced persons (IDPs) often flee for the institutional arrangements and determine how these
same reasons that refugees do: political persecution, could be better employed to help the displaced. He
religious persecution, massive human rights violations, came up with the Guiding Principles on Internal
20 21
Displacement – a set of 30 recommendations for the tional human rights, international humanitarian law
protection of the internally displaced. instruments and rights granted to persons under
national laws. The principles emphasise the responsibil-
The Principles identify the rights and guarantees rele- ity to governments to protect its citizens, and when it
vant to the protection of the internally displaced in all cannot, to allow the international community to do so.
phases of displacement. They provide protection There are three distinct phases of internal displacement:
against arbitrary displacement, offer a basis for protec- pre-displacement, displacement and post-displace-
tion and assistance during displacement, and set forth ment. The principles cover all three phases. Principle 6
guarantees for safe return, resettlement and reintegra- (1) for example, refers to the pre-displacement phase:
tion. Although they do not constitute a binding instru- “Every human being shall have the right to be protected
ment, these Principles reflect and are consistent with against being arbitrarily displaced from his or her home
international human rights and humanitarian law and or place of habitual residence.”
refugee law. They are equally applicable to state and
non-state actors and provide a useful set of standards Principle 15, for example refers to the period during dis-
against which to measure the protection objectives and placement. It reaffirms that: internally displaced per-
promote dialogue with both state and non-state actors. sons have: (a) The right to seek safety in another part of
the country; (b) The right to leave their country; (c) The
The Guiding Principles on Internal Displacement, 1998 right to seek asylum in another country; and (d) The
Deng’s Guiding Principles define the internally dis- right to be protected against forcible return to or reset-
placed as “persons or groups of persons who have been tlement in any place where their life, safety, liberty
forced or obliged to flee or to leave their homes or places and/or health would be at risk.”
of habitual residence, in particular as a result of or in
order to avoid the effects of armed conflict, situations of Principle 28 (1), for example, refers to the period post-
generalised violence, violations of human rights or natu- displacement. It says that “Competent authorities have
ral or human-made disasters, and who have not crossed the primary duty and responsibility to establish condi-
an internationally recognised State border.” tions, as well as provide the means, which allow inter-
nally displaced persons to return voluntarily, in safety
The Guiding Principles complement existing interna- and with dignity, to their homes or places of habitual
22 23
residence, or to resettle voluntarily in another part of the STATELESSNESS

country. Such authorities shall endeavour to facilitate
the reintegration of returned or resettled internally dis- Nationality/citizenship is the legal bond between a per-
placed persons.” son and a State as provided for under the State’s laws
and encompasses political, economic, social and other
ECONOMIC MIGRANTS rights as well as the responsibilities of both the State and
of the individual. The 1954 Convention relating to the
Economic migrants are NOT refugees and should not be Status of Stateless Persons defines a stateless person as
confused, as they sometimes are, with bona fide “a person who is not considered as a national (or citizen)
refugees who are fleeing life-threatening persecution. by any State under the operation of its law”.
An economic migrant leaves a country voluntarily to
seek a better life. He or she chooses to leave for eco- A stateless person may also be a refugee if he/she has
nomic reasons, not because of political, religious or been forced to leave his/her country of habitual resi-
human rights violations. He or she continues to receive dence because of persecution. Not all stateless persons
the protection of his or her government. Refugees flee in are refugees, however, and many stateless persons never
fear for their freedom and lives and cannot return safely leave their country of residence. People become state-
to their homes, unless circumstances change. less for a number of reasons. Root causes include:
• The transfer of territory or sovereignty (eg. State
Millions of ‘economic’ and other migrants have taken dissolution) which alters the nationality status of
advantage of improved communications in the last few citizens of the former State(s) and may render some
decades to seek new lives in other countries. Modern persons stateless.
migratory patterns can be extremely complex and con- • Arbitrary deprivation of nationality or denationali-
tain a mix of economic migrants, genuine refugees and sation of groups or individuals by the State
others. Governments face a challenging task in separat- • Conflicts of law, for example, when a child is born
ing the various groupings and treating genuine refugees in a State that grants nationality by descent only,
in the appropriate manner through established and fair but the laws of the State of which the parents are
asylum procedures. UNHCR has the expertise to sup- nationals only grant nationality on the basis of
port and assist governments in identifying refugees. birth on their territory
24 25
• Marriage or the dissolution of marriage, if national-

ity is automatically affected as a result (women are
most at risk of becoming stateless in these cases)
• Failure to register children at birth so they cannot
prove where or to whom they were born.
The 1954 Convention relating to the Status of Stateless

Persons and the 1961 Convention on the Reduction of
Statelessness are the primary international instru-
ments that regulate and improve the legal status of
stateless persons (1954 Convention) and that deal with
the means of avoiding statelessness (1961
Convention). They sketch out measures to prevent
statelessness resulting from the transfer of territory,
and establishes international principles for the granti-
ng of nationality to persons born in a country who
would otherwise be stateless. The UN General
Assembly has entrusted the office of the United
Nations High Commissioner for Refugees (UNHCR)
with assisting states in implementing the 1961
Convention and has requested UNHCR to assist all
states in avoiding and reducing statelessness. Q
26
Part II
UNHCR
United Nations High Commissioner for Refugees
Haut Commissariat des Nations Unies pour les réfugiés
MISSION STATEMENT:
To Protect Refugees and Promote Solutions
UNHCR’s primary purpose is to safeguard the rights and

well being of refugees. UNHCR’s efforts are mandated by
the organisation’s Statute, guided by the 1951 United
Nations Convention relating to the Status of Refugees
and its 1967 Protocol. UNHCR offers protection and
assistance to refugees and others in an impartial man-
ner, on the basis of their need and irrespective of their
race, religion, nationality, political opinion or gender.
The United Nations High Commissioner for Refugees

(UNHCR) was established by the UN General Assembly
in 1950, to further provide protection and assistance to
refugees. The League of Nations, the forerunner of the
UN, had named Norwegian scientist and explorer
Fridtjof Nansen to the post of High Commissioner as
early as 1921. World War II provided the impetus for sev-
eral new organisations, the United Nations Relief and
33
Rehabilitation Agency, the International Refugee 72 member states which meets annually in Geneva.
Organisation and subsequently UNHCR.
A second ‘working group’ or Standing Committee meets
UNHCR was given a limited three-year mandate to help several times a year. The High Commissioner reports on
resettle 1.2 million European refugees left homeless by the results of the agency’s work annually to the UN
the war. But as refugee crises mushroomed around the General Assembly and the Economic and Social Council.
globe, its mandate was extended every five years and in
2003, the General Assembly decided to extend UNHCR’s As humanitarian crises have become more complex,
mandate without a time-limit. In the following decades, UNHCR has expanded both the number and types of
the number of uprooted people grew to around two mil- organisations it works with. United Nations sister agen-
lion in the early 1970s to more than 27 million in 1995. cies include the World Food Program (WFP), which sup-
In 2007, the number pf people ‘of concern’ to UNHCR plies basic food to refugees, the UN Children’s Fund
was approximately 33 million world-wide. (UNICEF), the World Health Organisation (WHO), the
UN Development Program (UNDP), the Office for the
These included not only refugees but related groups Co-ordination of Humanitarian Affairs (OCHA) and the
such as asylum seekers, refugees returning home UN High Commissioner for Human Rights.
(returnees) and some, but not all, of the estimated 25
million people who are displaced within their own Other organisations include the International
countries and officially identified as internally displaced Committee of the Red Cross (ICRC), the International
persons (IDPs) and those who are Stateless, some 6 mil- Federation of Red Cross and Red Crescent Societies
lion under UNHCR’s protection. (IFRC), the International Organisation for Migration
(IOM) and more than 500 non-governmental organisa-
During its lifetime, UNHCR has helped more than 50 tions both national and international. More unorthodox,
million people successfully restart their lives, earning and at times controversial partners, have included UN
two Nobel Peace Prizes in the process. peacekeepers in the former Yugoslavia, and East Timor,
various regional military forces in Africa and Kosovo and
UNHCR’s programmes, its protection and other policy financial institutions such as the World Bank with which
guidelines, are approved by an Executive Committee of UNHCR has signed a Framework of Co-operation.
34 35
UNHCR is funded almost entirely by voluntary contribu-

UNHCR at a Glance tions, principally from governments but also from inter-
High Commissioner: Antonio Guterres governmental organisations, corporations and individu-
Number of UNHCR offices als. It receives a limited subsidy of under two percent of
world-wide, inlcuding its budget from the United Nations regular budget for
Headquarters (Geneva), administrative costs and accepts ‘in kind’ contributions
field offices, and sub offices: 268 in 117 countries including tents, medicines, trucks and air transportation.
Number of persons employed
by UNHCR, including
As the number of persons of concern to UNHCR jumped
short-term staff: 6,350
to a high of 27 million in 1995, its budget rose accordingly,
Staff members in field offices/ Approximately,
sub offices: 87% of total from $564 million in 1990 to more than $l billion for most
of the 1990s and has remained at similar levels since.
Number of NGOs UNHCR
works with as partners,
world-wide: 600+ UNHCR at Work
States party to the 1951
Convention and/or to the As a humanitarian, non-political organisation, UNHCR
1967 Protocol: 147 has two basic and closely related aims – to protect
Number of people of concern refugees and to seek ways to help them restart their lives
to UNHCR: 32.9 million in a normal environment.
9.9 million refugees 30%
12.8 million internally displaced 39% International protection is the cornerstone of UNHCR’s
5.8 million stateless people 17% work. In practice that means ensuring respect for a
2.6 million returned refugees refugee’s basic human rights and ensuring that no per-
and IDPs 8% son will be returned involuntarily to a country where he
740,000 asylum seekers 2% or she has reason to fear persecution.
1,000,000 others of concern to UNHCR

The word “protection” has a very specific meaning for
Figures in this box are from 2007 statistics. UNHCR. It includes material and other assistance to
36 37
refugees, so that basic needs are met. It includes ensur- tory where they face danger or discriminate between
ing that refugees are able to avail their rights. It includes groups of refugees.
the three durable (long-term) solutions – voluntary repa-
triation, local integration and resettlement (discussed in What rights does a refugee have?
detail later). Guided by the Universal Declaration of A refugee has the right to safe asylum. However, inter-
Human Rights (1948), the 1951 Convention and its national protection comprises more than physical
Protocol, and bolstered by internal initiatives such as the safety. Refugees should receive at least the same rights
Agenda for Protection, UNHCR carries out its mandate and basic help as any other foreigner who is a legal res-
of protection in a manner that reflects changing ident, including freedom of thought, of movement and
global reality. freedom from torture and degrading treatment.
Economic and social rights are equally applicable.
The following set of questions is frequently asked on Refugees should have access to medical care, school-
protection. They help further clarify the substance of ing and the labour market.
UNHCR protection, including the groups of people who
benefit from it. In certain circumstances when adequate government
resources are not immediately available, including the
How are refugees protected? sudden arrival of large numbers of uprooted persons,
Governments normally guarantee the basic human UNHCR and other international organisations provide
rights and physical security of their citizens. But when assistance such as financial grants, food, tools and shel-
civilians become refugees this safety net disappears. ter, schools and clinics. With projects such as income-
UNHCR’s main role in pursuing international protec- generating activities and skills training programs,
tion is to ensure that states are aware of, and act on, UNHCR makes every effort to ensure that refugees
their obligations to protect refugees and persons seek- become self-sufficient as quickly as possible.
ing asylum. However, it is not a supranational organisa-
tion and cannot be considered as a substitute for gov- What are the obligations of a refugee?
ernment responsibility. Refugees are required to respect the laws and regula-
tions of their country of asylum, and to respect interna-
Countries should not forcibly return refugees to a terri- tional refugee principles.
38 39
Who decides who is a refugee? conditions, and whose state is unwilling or unable to
Governments establish status determination proce- protect them, should be considered refugees, provided
dures to decide a person’s legal standing and rights in that other conditions under the refugee criteria are ful-
accordance to their own legal systems based on interna- filled. Regional instruments such as Africa’s OAU
tional criteria. UNHCR may offer advice as part of its Convention and the Cartagena Declaration in Latin
mandate to promote refugee law, protect refugees and America support this view.
supervise the implementation of the 1951 Refugee
Convention. The agency advocates that governments Some countries argue that civilians fleeing generalised
adopt a rapid, flexible and liberal process, recognising war or who fear persecution by non-governmental
how difficult it often is to document persecution. groups such as militias and rebels, should not be given
UNHCR’s Executive Committee sets non-binding guide- refugee status under the 1951 Convention/1967
lines and the agency’s “Handbook on Procedures and Protocol. It is UNHCR’s view that the origin of the perse-
Criteria for Determining Refugee Status” is an authorita- cution should not be decisive in determining refugee
tive interpretation of the 1951 Convention. In countries status, but rather whether a person deserves interna-
which are not party to international refugee instruments tional protection because it is not available in the coun-
but who request UNHCR’s assistance, the agency may try of origin.
determine a person’s refugee status under its mandate
and offer its protection and assistance. Who helps the internally displaced?
Internally displaced persons (IDPs) flee their homes for
Are persons fleeing war or war-related conditions and the same reasons as refugees, but remain within their
ethnic violence refugees? own country and are thus subject to the laws of that
The 1951 Geneva Convention, the main international state. Though it does not have a specific mandate for
instrument of refugee law, does not specifically address IDPs, UNHCR assists several million in various crises,
the issue of civilians fleeing conflict, though in recent but not all displaced persons world-wide. These opera-
years major refugee movements have resulted from civil tions are initiated at the request of the UN Secretary-
wars, ethnic, tribal and religious violence. General or the General Assembly, with the consent of
the country involved and have included recent crises in
However, UNHCR considers that persons fleeing such the Middle East, the Balkans, the Caucasus, Afghanistan,
40 41
Sri Lanka, Africa and Latin America. More recently, protection are in a situation similar to that of illegal
UNHCR has become a major player in the UN’s new aliens, and may be deported. However, UNHCR does
‘Cluster Approach’ designed to improve the delivery of urge that protection be granted to people who come
protection and assistance for internally displaced peo- from countries devastated by armed conflicts or gener-
ple, who have never had a single agency wholly dedicat- alised violence. The agency also advocates that rejected
ed to their well being. Under the Cluster Approach, dif- asylum seekers be granted the right to an appeal review
ferent UN agencies take the lead for various sectors. before being deported.
UNHCR is the lead agency for conflict-induced IDPs for
Emergency Shelter, Protection and Camp Management. Can a draft evader be a refugee?
UNHCR has been involved with IDPs for at least two Every country has the right to ask its citizens to bear arms
decades, but on a much more adhoc basis. in periods of national emergency. However, citizens
should have an equal right to conscientious objection. In
Must every refugee undergo individual status determi- cases where the option of conscientious objection is not
nation? observed, or where a conflict violates international
People who apply for refugee status normally need to norms, draft evaders who fear persecution on political or
establish individually that their fear of persecution is other grounds may be eligible for refugee status.
well-founded. However, during a mass exodus it may
not be possible to carry out individual screening. In Can a criminal be a refugee?
such circumstances, particularly when civilians are flee- A criminal who has received a fair trial for a common
ing for similar reasons, it may be appropriate to declare law offence and who flees his country to escape jail is
‘group’ determination of refugee status, whereby each normally not a refugee. However, a person accused of
civilian is considered as a refugee, prima facie – in other these or other non-political crimes, whether innocent or
words, in the absence of evidence to the contrary. guilty, and who may also be persecuted for political or
other reasons, is not necessarily excluded from refugee
May governments deport persons who are found not to be status. Furthermore, people convicted of the ‘crime’ of
refugees? political activism may well be refugees.
Persons who have been determined, under an equitable
and fair procedure, not to be in need of international Can a war criminal be a refugee?
42 43
Persons who have participated in war crimes and viola- Can women facing persecution because they refuse to com-
tions of humanitarian and human rights law – including ply with social cultural norms and constraints be refugees?
the crime of terrorism – are specifically excluded from Women, like men, may be persecuted due to race or for
the protection accorded to refugees. political, ethnic or religious reasons. In addition, some-
one fleeing discrimination or severe persecution for her
In practice, especially during a mass exodus, it is some- failure to conform to harmful strict social codes has
times difficult to separate persons suspected of serious grounds to be considered for refugee status. Such perse-
human rights violations from bona fide refugees espe- cution may emanate from a government authority or, in
cially for a humanitarian organisation such as UNHCR, the absence of adequate government protection, from
which is neither a police force nor a judicial body. non-state actors. Sexual violence, such as rape, may
UNHCR cooperates with states and UN Peace Keepers constitute persecution. Such discrimination will have
to ensure separation of armed elements from refugee consequences that are significantly prejudicial.
camps.
In 1984, the European Parliament determined that
The most viable solution is to provide support initiatives women facing cruel or inhumane treatment because
such as the international tribunals for Rwanda and the they seemed to transgress social mores should be con-
former Yugoslavia, to bring war criminals to justice. sidered a particular social group for the purposes of
UNHCR is obligated to share with these and other rele- determining refugee status. The United States and
vant UN organisations, pertinent facts on such issues Canada have exhaustive guidelines relating to gender-
while sensitively handling information which refugees based persecution, and there has been similar progress
have confidentially divulged to field staff. in some other countries.
Can a soldier be a refugee? What is temporary protection?

No, because a soldier by definition belongs to the struc- Nations at times offer ‘temporary protection’ when they
tured armed forces of a country and is someone who is face a sudden mass influx of people, as happened dur-
fighting for his/her country. However, if a soldier is no ing the conflicts in the former Yugoslavia in the early
longer affiliated or active with the army, then he or she 1990s and later in Kosovo, when their regular asylum
is eligible to apply for asylum/refugee status. systems would be overwhelmed. In such circumstances
44 45
people can be speedily admitted to safe countries, but and their families traced. In the Rwandan crisis in the
without any guarantee of permanent asylum. mid 1990s, an estimated 67,000 children were reunited
with their families.
Thus ‘temporary protection’ can work to the advantage
of both governments and asylum seekers in specific cir- Are there asylum guidelines on stowaways or people res-
cumstances. But it only complements, and does not cued at sea?
substitute for the wider protection measures, including Shipmasters have an obligation under international law
refugee asylum, offered by the Convention. to rescue any persons in distress at sea. In some cases,
such as the exodus of Vietnamese boat people, such per-
Temporary protection should not be prolonged, and sons were asylum seekers. Clandestine stowaways may
after a reasonable period of time UNHCR advocates that also be asylum seekers.
people benefiting from this should be given the right to
claim full refugee status. Those rejected should, Persons rescued at sea should be disembarked at the
nonetheless, be allowed to remain in a country of asy- next port of call, where they should be admitted, at least
lum until it is safe to return. on a temporary basis, pending resettlement. Some flag
states of rescuing ships have provided guarantees of
How can unaccompanied children find their families? resettlement for rescued persons.
An unaccompanied minor is one “who is separated from
both parents and for whose care no person can be found There is no binding international convention relating to
who by law or custom has primary responsibility.” The stowaway asylum seekers and their reception varies
number of unaccompanied child refugees varies widely. widely. UNHCR advocates that, wherever possible,
It often comprises 2 to 5 percent of a refugee population stowaways should be allowed to disembark at the first
and in Europe a recent UNHCR study estimated that 4 port of call, where their refugee status may be deter-
percent of asylum seekers were unaccompanied children. mined by the local authorities. If a port state does not
allow a stowaway to disembark, and the ship’s next port
UNHCR works with other agencies such as the Red of call is in a state where the stowaway’s life is threat-
Cross, UNICEF and Save the Children, to ensure that ened, then the action is tantamount to forcible return
unaccompanied children are identified and registered, (refoulement).
46 47
In such cases, UNHCR officials try to arrange an on focuses on those issues and activities that would benefit
board interview and if the asylum seeker is found to be from multilateral commitment and co-operation.
a refugee, they assist in finding a permanent solution,
usually third country resettlement. The Agenda consists of two sections: the Declaration of
States Parties and a Programme of Action. The
THE AGENDA FOR PROTECTION AND CONVENTION PLUS Programme of Action identifies specific objectives and
activities grouped according to six inter-related goals:
In the year 2000, UNHCR embarked on a series of glob- Strengthening implementation of the 1951 Convention
al consultations to revitalise the international protec- and 1967 Protocol; Protecting refugees within broader
tion regime. There were three tracks to these consulta- migration movements; Sharing of burdens and respon-
tions. The first track worked towards the Ministerial sibilities more equitably and building capacities to
Meeting and the Declaration of States which reaffirmed receive and protect refugees; Addressing security-relat-
their commitment to the 1951 Convention. The second ed concerns more effectively; Redoubling the search for
track focussed on analysis of substantive issues the 1951 durable solutions; and Meeting the protection needs of
Convention. The third track dealt with issues that did refugee women and refugee children.
not fall within the ambit of the Convention, but were
related to refugees. As a complement to the Agenda for Protection,
Convention Plus was initiated, as an international effort
This led to the Agenda for Protection (2002) which is an co-ordinated by UNHCR. Its aim was to improve refugee
ambitious, though practical programme of action to protection world-wide and to facilitate the resolution of
improve the protection of refugees and asylum-seekers refugee problems through multilateral special agree-
around the world. It is intended to serve as a guide for ments. This can be achieved through a process of dis-
concrete action, not only by UNHCR, but also by gov- cussion and negotiations with States and other partners
ernments, NGOs and other partners. Although not a of UNHCR to mobilise support and bring about firmer
legally binding document, the Agenda has considerable commitments.
political weight, as it reflects a broad consensus on what
specific actions can and should be undertaken to The 1951 Convention and its 1967 Protocol define the
achieve agreed goals in refugee protection. The Agenda responsibilities of states toward refugees. These instru-
48 49
ments remain the cornerstone of the international uation. The Convention Plus effort will also promote
refugee protection regime. Despite their continued rele- and support the development of these agreements.
vance, however, the Convention and the Protocol can-
not address all the pressing issues pertaining to refugee DURABLE SOLUTIONS
protection in today’s changing world. These include
how the responsibility for admitting and protecting The second part of UNHCR’s mission statement focuses
refugees can best be shared and how durable solutions on promoting durable or long-term solutions for
for refugees should be pursued. For this reason the refugees. The three durable solutions that UNHCR facil-
Convention Plus process was launched in 2003. itates are voluntary repatriation, local integration and
resettlement.
Convention Plus focuses on generic multilateral agree-
ments to tackle three priority challenges: Voluntary Repatriation
• The strategic use of resettlement as a tool of protec- Voluntary repatriation is normally a refugee’s preferred
tion, a durable solution and a tangible form of long-term solution. Most refugees prefer to and do
burden-sharing; return home as soon as circumstances permit, generally
• More effective targeting of development assistance when a conflict has ended, a degree of stability has been
to support durable solutions for refugees, whether restored and basic infrastructure is being rebuilt. In
in countries of asylum or upon return home; and such conditions, UNHCR encourages voluntary return
• Clarification of the responsibilities of States in the by providing transportation, material incentives and
event of secondary movements of refugees and practical help such as seeds, farming equipment and
asylum-seekers, that is, when refugees and asylum- building materials. When quick impact projects (QIPs)
seekers move from an initial country of refuge to are approved, they are designed not only to help return-
another country. ing refugees, but also members of local communities
which, in developing countries, are often as poor and
These generic agreements will set out shared under- deprived as the returnees themselves.
standings and commitments, which can be relied upon
and incorporated into situation-specific multilateral The decision to return home (repatriate) is entirely the
agreements, designed to resolve a particular refugee sit- refugee’s. UNHCR shares information about the condi-
50 51
tions in the country of origin - i.e., the place where the Local Integration
refugee is returning to, so that the decision to return, is For refugees who are unable to return to their home
an informed one. In any repatriation operation, UNHCR country, or those who have stayed for years in the host
has the following role: country (country of asylum) local integration is an
appropriate durable solution. In some situations, it is a
• Verify the voluntary character of refugee repatria- permanent solution, that is when refugees become nat-
tion. (That is, to make sure that the refugee is not uralised citizens of the host country.
being forced or threatened to return, that the deci-
sion is not made under duress) Local integration can be broken into three steps:
• Promote the creation of conditions that are con- First, it is a legal process where refugees are granted a
ducive to voluntary return in safety and with dignity progressively wider range of rights and entitlements by
• Promote voluntary repatriation once conditions the host state similar to those enjoyed by its citizens.
are conducive to return Second, local integration is an economic process where
• Facilitate the voluntary return of refugees when it is refugees become progressively less reliant on state aid/
taking place spontaneously, seeking to ensure pro- humanitarian aid, becoming self reliant and being able
tection monitoring throughout to contribute to the economy of the host country. In
• Organise, in co-operation with NGOs and other many countries, UNHCR helps refugees to become self
agencies, the transportation and reception reliant by providing vocational skills training, job place-
of returnees, provided that such arrangements are ments and so on. Third, local integration is a social and
necessary to protect their interests and well being cultural process that enables refugees to live amongst
• Monitor the status of returnees in their country of the local host population without discrimination where
origin and intervene on their behalf if necessary. they can then contribute actively to the social life of the
host country.
At the end of 2006, the largest repatriation movement
was to Afghanistan where 388,000 Afghan refugees Resettlement
chose to return home from neighbouring countries. The Some refugees cannot or are unwilling to return home,
next largest repatriation movement was to Liberia usually because they would face continued persecution.
where 108,000 refugees returned home. Many are also unable to integrate locally for a variety of
52 53
reasons. In such circumstances, UNHCR helps to per- Zealand, Norway, Sweden, the Netherlands and the
manently resettle refugees in a third country. On reset- USA. Newer resettlement countries include the UK,
tlement, the refugee normally becomes a citizen of that Chile, Benin, Burkina Faso, Brazil, Ireland and Iceland.
country after having fulfilled the criteria for naturalisa- Other countries may consider submissions from
tion. Resettlement as a permanent solution means UNHCR on a case by case basis, normally because of
refugee status ceases. family reunion or strong cultural links.
Resettlement is also an important protection tool, People facing particular problems or continued threats
addressing the protection and special needs of a refugee to their safety in their first asylum countries are fore-
that cannot be met adequately in the country of asylum. most among those who can benefit from resettlement.
A categorisation of such needs include women-at-risk, In some cases it is an essential life-saving option - or the
family reunification needs, unaccompanied or separat- only way to save a particular refugee from having to
ed children, and refugees with medical needs. resort to desperate measures (one unfortunately com-
mon example is the rape victim who has been rejected
Under normal circumstances refugees cannot request by her family and society, and has nowhere else to turn).
for resettlement to a particular country. But in the inter- Some very specific refugee populations are also on occa-
ests of family reunification, refugees may request reset- sion beneficiaries of group resettlement programmes. In
tlement in countries where their immediate family 2006, refugees from Myanmar were the largest group
members are living. Less than 20 nations world-wide globally to benefit from resettlement with 5,700 being
participate in UNHCR resettlement programs and transported to a new life outside their first asylum coun-
accept quotas of refugees on an annual basis. UNHCR tries, followed by Somalis (5,200), Sudanese (2,900),
submits cases (refugees) for resettlement based on its refugees from the Democratic Republic of the Congo
own criteria – protection needs, or most appropriate (2,000), and Afghans(1,900). Q
durable solution – but the final decision of whether or
not to accept a refugee for resettlement, is made by the
resettlement country, not UNHCR. Countries that have
traditionally participated in the resettlement program
include Australia, Canada, Denmark, Finland, New
54 55
Part III
UNHCR in India
Representative’s Title: Chief of Mission
REPRESENTATIVE’S TITLE :Chief of Mission
OFFICES :New Delhi and Chennai
TOTAL STAFF :30
NUMBER OF :11,750
REFUGEES UNDER (Afghan - 9,200
UNHCR’S MANDATE Myanmar - 1,900
Others - 650)
(The Government of India protects and assists over
100,000 Tibetans and 75,000 Sri Lankan refugees.
Another estimated 20,000 Sri Lankan refugees are out of
camp refugees in Tamil Nadu).
UNHCR works in a rather unique situation in India.

Without a formal status, UNHCR functions under the
broad umbrella of the United Nations Development
Programme (UNDP) and has done so, since 1981, pro-
tecting and assisting individual asylum seekers. India is
not a signatory to the 1951 Convention relating to the
Status of Refugees or its 1967 Protocol. India also has no
refugee specific legislation. India, however, is a member
of UNHCR’s Executive Committee (EXCOM), which
meets annually in Geneva, to review the agency’s work
and policies.
61
India remains a country that is hospitable to refugees beneficiaries), Myanmar refugees (16% of beneficiar-
and has been traditionally so. Rights of refugees are by ies) and other groups of smaller nationalities such as
and large respected through Articles 14 and 21 of the Somalis, Palestinians, Sudanese, Iraqis, and Iranians.
Constitution of India, which accord such rights to any- Ninety percent of Afghan refugees in India are Hindu
one resident on the soil of India. Refugees as foreigners and Sikh. The number of Myanmar refugees (close to
have freedom of religion, have freedom of movement (in 1900) reflects only those who are in New Delhi. Media
urban settings and are allowed to go out of the camps in and NGO sources report that there are many Myanmar
Tamil Nadu for work), and access to the courts. nationals in the border states of Mizoram and
Although without work permits, work in the informal Manipur, but since there is no national/international
sector is tolerated. But without a national refugee legis- verification mechanism in that area, it is difficult to
lation, refugees are not all treated in a uniform manner. accurately gauge as to how many may be genuine
Some groups/nationalities are less privileged than oth- refugees.
ers. There is also a danger that decisions impacting
refugees are made for administrative/strategic reasons Internally Displaced People (IDPs) do not come under
rather than those grounded in refugee law. In spite of UNHCR’s operation in India.
this, India has traditionally provided asylum and protec-
tion for many refugees historically. The larger refugee groups present in India – the
Tibetans and the Sri Lankans – are not under UNHCR
UNHCR’s work in India is concentrated on three areas: operations in India. Both groups are considered as
Protection, which includes the three durable solutions, refugees by the Government of India as a matter of pol-
Programme and Promotions/External Relations. In icy. The Tibetans who first arrived in the 1950’s with the
addition to the office in New Delhi, the Government of flight of the spiritual leader the Dalai Lama, are well
India agreed that UNHCR would open an office in cared for. The Government of India provided the
Chennai in 1992 to verify the voluntariness of return of Tibetans with land for settlements, and today, the
Sri Lankan refugees. 100,000+ strong community is self sufficient, adding a
colourful mosaic to India’s diversity. Sri Lankan
Refugees under UNHCR’s mandate in India (approxi- refugees mostly live in over 100 refugee camps prima-
mately 11,750 in number) include Afghans (78 % of rily in Tamil Nadu. The Government provides shelter
62 63
and rations and allows refugees access to the informal held. As far as possible, women are interviewed by
work sector outside the camps in a controlled manner. female legal officers.
• Interpreters are provided for all refugees who
PROTECTION require them. For women, a female interpreter is
made available.
UNHCR provides legal assistance and guidance and • Individual facts are then assessed with information
decisions on matters relating to refugee status, stay in available on the refugee’s country of origin.
India, and rights and obligations of refugees in India. • A decision is then taken on recognition as a refugee.
UNHCR facilitates voluntary repatriation for those who If recognised a Refugee Certificate is issued by
wish to return home and helps resettle those who nei- UNHCR.
ther have the option of return or any long-term • If rejected, he/she has the right to appeal once; a
prospects of integrating in India. different officer will re-interview the person.
Exceptionally, in the absence of a national refugee eligi- Every recognised refugee is given a laminated UNHCR
bility procedure, UNHCR conducts refugee status deter- certificate that becomes a proof of identity for the
mination interviews for individual asylum seekers who refugee. The certificate is renewed once in 18 months.
approach its office in New Delhi. Refugees are treated as
foreigners on extended stay (there is no separate catego- UNHCR intervenes on behalf of refugees who face pro-
ry) and come under the Foreigners Regional tection problems, caused for example, due to lack of
Registration Office (FRRO). The process of UNHCR documentation or social/cultural tensions. UNHCR also
refugee status determination is as follows: provides free legal counsel/representation for refugees,
should they require this through its legal implementing
All asylum seekers are first Registered with UNHCR partner, PILSARC (Public Interest Legal Support and
• A date for an interview with a legal officer in Research Centre). The Socio-Legal Implementing
UNHCR is given. Centre (SLIC), also an implementing partner, provides
• Those with special needs are ‘fast-tracked’ (i.e., annual assessment and support to refugees. The Gandhi
given a date quickly) for the interview. National Memorial Society in Pune assists UNHCR
• A detailed refugee status determination interview is recognised refugees based in Maharashtra.
64 65
The UNHCR India office won the Global UNHCR However, UNHCR believes that there is a genuine need
Gender Team Award for 2006, in recognition of its efforts for a national refugee law, in spite of India’s good record
in mainstreaming age, gender and diversity concerns in hosting refugees. The argument in favour of a national
into its programs in India. At every stage, gender con- refugee law is based on the following points:
cerns are addressed: for example, vulnerable women • Refugees are individuals or groups of persons flee-
and girl asylum seekers are “fast-tracked” for refugee ing persecution based on race, religion, nationality,
status determination interviews; income generating political opinion, etc. and therefore refugees need
activities for women refugees are on-going; physical to be treated differently from other foreigners.
security for refugee women and girls is prioritised; and • Refugees are unable to avail the protection of their
refugee representatives of all nationalities must include country of origin hence need international protec-
women to ensure their concerns are also voiced. tion i.e., protection of the host State that they have
entered or may be seeking to enter.
A pioneering effort was the creation of the Women’s • Given the absence of a refugee protection regime in
Protection Clinic, in west Delhi which opened its doors India specific to individual refugees, refugees do
in December 2005. The Clinic offers a safe and confi- not always receive the protection they need and
dential space for refugee women and girls to detail their instead fall within the purview of the laws govern-
problems and concerns, which are then looked into ing foreigners in general.
holistically by UNHCR. Through the assessments made • Involuntary return of refugees/refoulement/depor-
at the Clinic, immediate short and long term solutions tations may result in human rights violations to the
are identified and counselling and consultations provid- returnee.
ed. All Myanmar refugee women and girls are profiled at • India is signatory to various human rights instru-
the Clinic, which is funded mostly by donor countries. ments and has incorporated human rights protec-
The Clinic has been recognised as an example of a “best tion in its Constitution and other legislations. Indian
practice” in UNHCR. courts have repeatedly interpreted human rights
protection principles to encompass refugees includ-
On the basis of the UNHCR refugee certificate, the ing Articles 14 and 21 of the Indian Constitution.
Government of India issues Residential Permits to Afghan • A screening mechanism helps to ensure only those
and Myanmar refugees, giving them a lawful stay in India. deserving international protection are granted
66 67
refugee status, and that those who are not refugees 1920; Passport Act 1967; Extradition Act 1962. These pro-
are screened out. visions could be harmonised under international stan-
dards and under one legislation for refugee protection
Benefits of Enacting National Refugee Protection to enable meaningful implementation guided by
Legislation humanitarian principles.
Dissolution of Adhocism: The absence of a legislation on Judicious, Fair and Accountable Procedures: Given the
refugee protection has led to differential administrative prevalence of Rule of Law in the Indian legal system and
measures between refugee groups. These measures vary as enunciated in the Indian Constitution, it is appropri-
for each refugee group with regard to their determina- ate that refugee determination and treatment receive
tion and treatment. There are no policy guidelines for the same attention that other human rights protection
individual refugees who have no alternative but to issues receive. This will be in keeping with India’s active
approach UNHCR. participation in the EXCOM and India’s leadership role
in the region and among nations.
Existing policies are influenced by political interests of
the receiving State. A national legislation for refugee pro- Enhanced Administrative Control by the State: In bridg-
tection would provide standardised and acknowledged ing the gap between adhoc refugee policies and the
principles for refugee determination and treatment. establishment of a standardised mechanism for refugee
status determination and treatment, administrative
Establishment of Mechanisms for Determination and gains to the State will be immense. These will be so in
Treatment: Enactment of Refugee Protection Legislation terms of establishment of a database providing detailed
will enable the creation of a framework for determina- information about asylum seekers, including their back-
tion of refugee status based on agreed standards of grounds in country of origin, precise cause of depar-
refugee status determination, protection and treatment. ture/flight from country of origin.
The entry, stay and exit of individual refugees in India is
currently under the general laws relating to Foreigners. Also on record would be current information including
These laws are: The Foreigners Act 1946; Registration of present whereabouts, family profile and activities of the
Foreigners Act, 1939; Passport (Entry into India) Act asylum seeker. It would enable the Government to dis-
68 69
tinguish between bonafide asylum seekers and eco- for refugee protection will help to avoid friction between
nomic migrants, terrorists, criminal elements, or others. the host country and country of origin. The act of grant-
ing asylum being governed by law rather than an adhoc
Asylum seekers who may not be deemed to be deserving policy will then be understood by other States as a
of refugee status in accordance with the accepted prin- peaceful, humanitarian and legal act under a judicial
ciples and standards may be dealt with in accordance system rather than as a hostile political gesture.
with immigration procedures. Those who have been
conferred with refugee status shall be treated in accor- DURABLE SOLUTIONS
dance with accepted standards and may be required to
keep regular contact with concerned administrative Voluntary Repatriation
authorities for location of residence, work, movement to The most preferred solution globally, but in India spar-
other parts of India, and any other issues that may arise. ingly used among UNHCR mandate refugees. Post
September 11, 2001 and with the establishment of the
Concerted search for Durable Solutions: Refugee status is Karzai government in Afghanistan, a small number of
meant to be a temporary phase in a person’s life. The Afghan refugees have repatriated from India. Since April
search for durable solutions for particular groups of 2002 till the end of December 2007, some 600 Afghan
refugees and individual refugees shall receive a planned refugees chose to return home with UNHCR assistance.
and structured approach in the presence of a domestic UNHCR helps with local exit formalities and pays for the
legislation. air tickets from New Delhi to Kabul.
Co-ordination among Concerned Agencies: Enacting a Among Sri Lankan refugees, voluntary repatriation was
national legislation, which deals with the roles of govern- the preferred option and UNHCR is involved in estab-
mental, judicial, UN and other agencies in the determina- lishing the voluntariness of return. The UNHCR office in
tion, protection and treatment of refugees shall clarify the Chennai interviews refugees to ensure that the decision
roles to be played by different agencies and as well provide to return is not made under any kind of coercion.
for appropriate co-ordination among these agencies. UNHCR also shares information – political, economic,
social – about the place that the refugee is returning to,
Reduce Friction Among States: Enactment of a legislation so that his or her decision to go back, is an informed
70 71
one. From 2002 to 2006, 5000+ Sri Lankan refugees bours have to be attached along with two copies of
returned home with UNHCR assistance. It is estimated advertisements in a national newspaper. The completed
that there are many more who returned “spontaneous- form is submitted to the local Sub Divisional Magistrate
ly”, i.e., without UNHCR assistance. As with the Afghans, (SDM) who registers the application and forwards it to
UNHCR helps with local exit formalities and pays for the the local Foreigners Registration Office (FRO). The FRO
air tickets from Chennai/Thiruvanthapuram/Trichy to undertakes a security screening of the case and with its
Colombo. However, with the breakdown of the cease fire report sends it back to the SDM, who then screen it and
agreement between the LTTE and the Government of Sri send it to the Central Ministry of Home Affairs (MHA).
Lanka, some 20,000+ people fled from Sri Lanka to India The MHA also undertakes its own intelligence review of
as refugees in 2006-2007. Only 25 refugees returned with the case prior to granting citizenship.
UNHCR assistance during this period.
UNHCR New Delhi opened two Naturalisation Clinics in
Local Integration 2007. The Clinics will help those Afghan Hindu and Sikh
Often thought of as an interim solution in the country of refugees who are eligible and interested in applying for
asylum while the refugee is waiting either to return naturalised Indian citizenship to do so in a systematic
home or be resettled to a third country, in India local manner. UNHCR will pay all fees and expenses required
integration could very well turn out to be a permanent for naturalisation procedures through its implementing
solution for a bulk of refugees under UNHCR’s mandate, partner, SLIC. There are an estimated 4000 Hindu and
as many are eligible and have applied for naturalised cit- Sikh refugees from Afghanistan who have expressed an
izenship. Ninety percent of the Afghan refugees in India interest in naturalisation to date. The Government of
are Hindus and Sikhs – just over 4000 of this population India has remained supportive of Afghans wishing to
have so far, shown an interest in naturalisation. Some naturalise, and this has helped UNHCR to advocate for
250 have become naturalised Indian citizens. solutions for all refugees, including those who are in
need of resettlement. Both Clinics will close in
UNHCR works with its NGO partner, SLIC to facilitate December 2008, by which time, all applications for
the process of naturalisation, which is fairly lengthy. The those interested in naturalised citizenship would have
applicant is required to fill a form to which Affidavits been submitted for UNHCR’s existing caseload. The
certifying the applicant’s stay in India, from two neigh- SLIC office in New Delhi will continue to assist naturali-
72 73
sation applications beyond December 2008. Education: New Delhi YMCA.

UNHCR recognises every refugee child’s right to pri-
Resettlement mary education. A subsidy for uniforms/books and
A limited option but in India, the only durable solution concerted follow up to enhance levels of school enrol-
option for UNHCR mandate refugees who cannot ment is provided through the NDYMCA. Refugee
repatriate or locally integrate and for those with pro- children are welcome in government schools. NDYM-
tection problems. Refugees not given residential per- CA help refugees with school admissions and monitor
mits are vulnerable to detention by law enforcement the performance of children in schools, to help
agencies and at risk of refoulement. This group prevent children dropping out. They also run
includes Somalis, Palestinians, Sudanese, Iraqis and tuition/remedial classes for children who need help
others. Afghan refugees who have no prospects of local with their school work. Language classes for adults
integration and for whom repatriation is not an option, and children are also part of the UNHCR-NDYMCA
and who have spent decades in exile, may also be pro- program for refugees.
posed for resettlement where appropriate. In the cal-
endar year 2006-07 more than a 1000 refugees were The German Government provides limited slots for
submitted for resettlement to Australia, New Zealand, higher/technical education under the DAFI Scholarship
USA, Canada, Norway, etc. Programme (The Albert Einstein German Academic
Refugee Initiative). Some 30 refugee are currently DAFI
PROGRAMME SUPPORT scholars in India.
As part of its protection mandate, UNHCR provides Access to Government’s Health Services: NDYMCA
health and education/social support to recognised Access to primary health care is a basic human right.
refugees through its implementing partners: the New Refugees can access governmental facilities closest to
Delhi YMCA and Don Bosco Ashalayam, in Delhi to their area of residence – dispensaries (for minor ail-
ensure that education, health and skills training needs ments, pregnancies, immunisation, routine tests etc.)
of refugees under UNHCR’s protection, are met. and hospitals. Most of the services, including medicines
Programmes run by NDYMCA and DBA are supported are free or at nominal charges. Refugees can also avail
by UNHCR. the free HIV/AIDS related facilities of the hospitals.
74 75
These include services of the Voluntary Counselling and Skills Development: Don Bosco Ashalayam (DBA)
Testing Centres (VCTC) and Anti Retroviral Therapy. UNHCR’s skills development programme essentially
NDYMCA helps refugees to use government hospital seeks to empower individuals by strengthening their
and reimburses costs incurred for primary health care at comparative advantages through life skills training,
these hospitals. NDYMA also arranges for interpreters at vocational skills training, literacy and language training
key points. This is important to enable correct diagnosis, and support services.
treatment, filling of forms etc. for refugees who cannot
speak local languages and are unable to get family/com- Earning a Living: The majority of Indians and refugees
munity support for interpretation. work in the informal sector. DBA helps adult refugees
find work in the informal sector, as refugees do not have
The All India Institute of Medical Sciences (AIIMS) has a formal right to work in India. They also provide need
a Refugee Counter, run by NDYMCA to help refugees based initial support for those who have difficulties in
find their way in one of India’s largest and best known surviving in their new job environments. Some options
hospitals. for home based income activities for groups of women
who are not able to work outside the home due to cul-
Financial Assistance: NDYMCA tural norms, are also available.
All newly recognised refugees are given temporary
financial support for six months. Funds are reserved Vocational Training: Limited sponsorships are provided.
for those requiring subsistence support on grounds of Refugees are selected in part on an assessment of their
medical condition/vulnerability/protection concerns. ability to optimally use the training for becoming self
This is granted for a specified period of time on the reliant.
basis of assessments carried out by UNHCR and its
implementing partners and is periodically reviewed Worth mentioning are efforts made by refugees them-
for continuation. This extends beyond the first six selves. The Khalsa Diwan Welfare Society, an organization
months at a lower rate of assistance. The financial formed by and run by Afghan Sikh refugees, operates
assistance schemes are subject to change based on Vocational Training Courses for Hindu/Sikh Afghans in
changing situations, competing demands and avail- Tilak Nagar, west Delhi. Subsidised slots in computer
able fund flow. training for Hindu/Sikh Afghan refugees in Faridabad are
76 77
available through Zoom Educational & Cultural Society committees. Open house meetings and participatory
(run by refugees for the general public). individual group meetings are held regularly.
In addition, around 75 paid refugee volunteers (41% PROMOTIONS/EXTERNAL RELATIONS

women) are working with UNHCR’s implementing part-
ners to help provide essential services to the refugee Though the UNHCR office in New Delhi is modestly
communities. They often comprise of those with limited staffed, the organisation invests much time and effort in
marketable skills or with family responsibilities that pre- promotional activities, through sensitisation pro-
vent them from working in the informal sector. An addi- grammes, structured training sessions, seminars and
tional 25 work as interpreters with implementing part- informal interactions with a wide range of people.
ners and the UNHCR office. Reaching out to civil society – lawyers, academics,
think-tanks, media – is crucial, and particularly so in a
In general, constraints on complete self-reliance include democracy where civil society can play a constructive
language barriers, high local unemployment and limit- role in advocating, generating debate and spreading
ed market absorption capacity resulting from general awareness about refugee concerns.
urbanisation trends in India, and the limited urban
skills of refugees as well as lack of a work permit. Every Interactive sensitisation and training sessions on refugee
effort is made to address these problems and to encour- rights as human rights, with security agencies, including
age and support all refugees, including as part of a the National Police Academy in Hyderabad are periodi-
search for durable solutions. cally held. Similar training sessions have also been held at
police academies in West Bengal, Tamil Nadu and Punjab.
Reaching Out The Delhi police too has been amenable to sensitisation
A conscious effort to keep a communication flow with efforts. Often, security agencies and the police are the
refugees is made – all refugees have direct access to foremost government representatives that refugees
UNHCR through its refugee reception. A regular dialogue encounter when entering the country and it is important
with refugee committees/representatives is also main- that these agencies are sensitised towards refugees.
tained for issues of common concern. UNHCR continues
to strive for an equal representation of women in these UNHCR has facilitated capacity building of institutions
78 79
in India to provide expertise in refugee studies and law. general public look forward to. For UNHCR, this is an
Some of these include the establishment of Chair on excellent way to reach out.
Refugee Law at the National Law School of India
University (NLSIU) in Bangalore and the establishment UNHCR has worked with the National Human Rights
of a Centre for Refugee Studies in Jadavpur University, Commission and key State Human Rights Commissions
Kolkata. UNHCR also supports published research on to enhance knowledge on refugee issues. Trainings for
refugee related issues. In collaboration, UNHCR, the lawyers have been held jointly with SLIC who have also
International Committee of the Red Cross (ICRC) and initiated a handbook for the legal practitioner on
the Indian Society of International Law (ISIL), teach a refugee protection issues. In 1999 a judicial symposium
post graduate diploma course on Human Rights, held jointly with the Indian Supreme Court Bar
International Humanitarian Law (IHL) and Refugee Association and the International Association of
Law. The course attracts a large number of participants Refugee Law Judges (IARLJ) reached out to a core group
from the diplomatic corps, Government of India, NGOs of jurists whose deliberations reflected the need for a
and the academic community. The collaboration refugee protection regime in India.
between the three institutions has also resulted in the
compilation and annual publication of a Year Book on Under the auspices of the Association of Indian
IHL and Refugee Law since 2000. Universities (AIU), UNHCR and ICRC have encouraged
the introduction of IHL and Refugee Rights teaching in
A Winter Course on Migration, partly funded and sup- various streams of education in graduate and post grad-
ported by UNHCR, Brookings Institute and the uate courses in the country. This has resulted in training
Government of Finland, taught by the Calcutta of teachers programmes organised all across the coun-
Research Group (CRG) was introduced in 2003 and is try at periodic intervals by UNHCR in collaboration with
held annually in Kolkata. This serves as an effective host institutions.
forum within South Asia on migration and refugee
issues. Also in Kolkata, an annual debate on refugee Since 2005, UNHCR India has facilitated a Regional
issues for high schools organised by the West Bengal Workshop on Emergency and Disaster Management,
Federation of United Nations Agencies (WBFUNA) for partnered by the National Institute of Disaster
UNHCR, has become an event that the students and the Management, NIDM, under the Ministry of Home Affairs.
80 81
The office participates in workshops organised by NGOs CUNKP courses comprise of international officers
working in disaster relief as resource persons, introducing ranging from Australia to Mongolia, the United Kingdom
refugee concerns to a whole different strata of profession- to Sudan. Continued interaction with USI-CUNKP has
als. UNHCR liaises with policy think tanks and tries to also led to UNHCR being part of training capsules at the
mainstream refugee issues with other issues that are of Academic Staff College in Wellington, Tamil Nadu and
national concern, either by participating as resource per- other courses organised by the Ministry of Defence,
sons, or by partly supporting such seminars. including an annual UNHCR lecture for senior defence
officers at the National Defence College in New Delhi.
On-going are a series of activities that highlight Other activities include UNHCR participation at simula-
UNHCR’s role in India: a monthly eNewsletter, focussing tion exercises, joint exercises with the Indian Army and
on the key events each month, an annual seminar on US Army Pacific Command, India and the UK, and so on.
World Refugee Day (20 June), publications on UNHCR Beginning with the differences between refugees and
in India, this pocket guide, seminar proceedings, retro- IDPs, to what is international protection and how the
spectives of the eNewsletters, information brochures, military can help ensure that protection in a peace keep-
etc that serve to raise awareness on refugee issues in a ing context, such interaction has proved to be of much
reader-friendly way. value for UNHCR and for the exercises conducted by USI
for army officers and UN civil police.
Though UNHCR focuses the bulk of its promotional
efforts on civil society – with the legal fraternity, with aca- Concluding, it would be fair to say that UNHCR’s pro-
demics, scholars, policy makers, students and media – motional activities are wide-ranging and attempt to
the agency also participates in military/UN Peace reach out to a diverse population, with the intention of
Keeping Training exercises, through the United Services creating an awareness on refugees concerns, promoting
Institute (USI), New Delhi. For UNHCR, this is an excel- refugee law and refugee protection that are guided by
lent opportunity to explain its mandate by participating international standards and norms. Q
as resource persons either in structured lectures for the
different courses organised by the Centre for UN Peace
Keeping (CUNKPK) at USI or by role-playing in elaborate
simulated UN Peace Keeping exercises. One third of all
82 83
Design by Dharana, New Delhi; [email protected]
A POCKET GUIDE TO
REFUGEES
The United Nations High Commissioner for Refugees

14 Jorbagh, New Delhi 110 003, India
Phone: 43530444 Fax: 43530460/61
Email: [email protected] Website: www.unhcr.org 86

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A POCKET GUIDE TO

External Relations Publication

Third Edition: May 2008 Refugees: A Common Concern 5

Photographs UNHCR Geneva (Media Library)

“There is no greater sorrow on earth than the loss of one’s

The word refugee is evocative, powerful even. Images of

Emotions aside, the word refugee has a specific defini-

1951 UN Convention and others. It will expand on the

This publication is intended to be a pocket guide for

Anyone fleeing from his or her own country seeking

A refugee is a person who has fled his/her country owing

The 1951 Geneva Convention relating to the Status of

Who protects refugees? Can the Convention resolve refugee problems?

residence, or to resettle voluntarily in another part of the STATELESSNESS

• Marriage or the dissolution of marriage, if national-

The 1954 Convention relating to the Status of Stateless

UNHCR’s primary purpose is to safeguard the rights and

The United Nations High Commissioner for Refugees

UNHCR is funded almost entirely by voluntary contribu-

1,000,000 others of concern to UNHCR

Can a soldier be a refugee? What is temporary protection?

UNHCR works in a rather unique situation in India.

sation applications beyond December 2008. Education: New Delhi YMCA.

In addition, around 75 paid refugee volunteers (41% PROMOTIONS/EXTERNAL RELATIONS

The United Nations High Commissioner for Refugees

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