Note: Originally posted as:
New Member Introduction
Mon, 14 Apr 2008 12:29:56 +0100
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Dear all:

I recently finished a five-month internship researching and writing 
about refugee issues in New Delhi where I was fortunate to work hands-on 
with Burmese and Bhutanese refugees. India's framework for dealing with 
refugees and migrants is unique and I have written a short, 
non-exhaustive summary for those of you interested in the diverse 
populations seeking refuge in the country. You can find the summary below.

My internship with South Asia Human Rights Documentation Centre provided 
me with excellent guidance and I learned so much about migration and 
displacement through my experience. I'll be looking for a position in 
the field of refugee resettlement when I return to the US this month. 
Please feel free to contact me with any comments, suggestions, or questions.

Warm regards,
Jenelle Eli
[log in to unmask]


A short summary of India's refugee policies

According to UNHCR's latest statistics, India hosts 158,366 refugees, 
migrants, and persons of concern; USCRI's estimate is 435,900. The 
discrepancy can be attributed to the Indian Government's restrictions on 
UNHCR and the country's ad hoc policy toward the determination of 
refugees. India does not have a national framework for dealing with 
refugees and asylum seekers and is not a signatory to the 1951 
Convention (though it does have a seat on UNHCR's Executive Committee). 
Instead, the Indian Government discriminates depending on migrants' 
country of origin.

Status determination
Except for Tibetan and Sri Lankan populations, India puts UNHCR in 
charge of status determination; the Government dictates where UNHCR can 
operate and which populations receive UNHCR protection. UNHCR does not 
have access to borders or border regions – in fact, the organization 
works only in the capital city, New Delhi, and the state of Tamil Nadu 
(which receives ethnic Tamil refugees from Sri Lanka).

Asylum seekers entering India are treated differently according to their 
country of origin. Asylum seekers can be divided into three rough 
categories:

1. Tibetans and Sri Lankans: These populations are generally given 
permission from the Government to stay in the country. For Tibetans 
holding residency permits, this means that they can own property and 
legally seek employment. For Sri Lankans, it means that they are able to 
reside in India's only refugee camps in Tamil Nadu (which are funded by 
the State Government).

2. UNHCR-recognized refugees in New Delhi: Mostly from Burma, 
Afghanistan, Somalia, Sudan, and Iraq, these populations must reach New 
Delhi in order to receive UNHCR recognition and protection. There are no 
camps in Delhi and refugees live among the local population; some 
receive subsistence allowance from UNHCR to assist with living expenses, 
others do not. Refugees under UNHCR protection fall under India's 
Foreigners Act and have the same rights as illegal immigrants (though 
are more difficult to deport since UNHCR provides legal assistance). 
They are not permitted to work legally, cannot own property, and must 
renew permits regularly. Their freedom of movement is severely 
restricted in that they cannot legally reside outside the capital city 
and must receive permission even to travel outside of Delhi. Even though 
they are recognized by UNHCR, a startling number of children cannot 
attend government schools due to lack of proper documentation.

3. Bhutanese and Nepali asylum seekers: The Government of India has 
advised UNHCR not to recognize individuals from these countries since 
they are legally permitted to reside in India without further red tape. 
However, since many Bhutanese and Nepali migrants lack appropriate 
citizenship documentation (for example, Lhotshampas from Bhutan whose 
citizenship was revoked in the 1990s), they are prohibited from 
exercising these 'guaranteed rights' (such as seeking employment, owning 
property, etc.).

Excluding Tibetans and Sri Lankans, asylum seekers who are unable or 
unwilling to travel to New Delhi are in a precarious legal position, 
since they receive no UNHCR protection and no recognition from the 
Indian Government. The extent of the situation is demonstrated in the 
following statistics: There are approximately 1800 UNHCR-recognized 
Burmese refugees living in Delhi. Meanwhile, there are nearly 70,000 
Burmese seeking shelter in Mizoram state who possess no residency 
permits and no right to employment; they are forced to bribe police in 
order to stay in the country. It should be noted, however, that no 
refoulement cases were reported in 2007.


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