The Ministry of Home Affairs (MHA) recently instructed Nagaland, Manipur, Mizoram, and Arunachal Pradesh to curtail the illegal influx from Myanmar into India. This directive has extended to the Border Guarding Force (BGF), such as the Assam rifles. The issue of immigration and refugees is a significant one for India, with an estimated 40,000 Rohingya refugees from Myanmar residing across various states as of 2020.
MHA’s Instructions
The MHA directives emphasized that state governments do not hold the authority to grant “refugee status to any foreigner.” It’s vital to note that India has not signed the United Nations Refugee Convention of 1951 and its 1967 protocol. The MHA issued similar instructions in August 2017 and February 2018.
Background
These directives followed the military coup and subsequent crackdown in Myanmar, leading to people crossing over into India. The Tatmadaw or Myanmar military, seized control of the country after a coup in February 2021. The North Eastern States, having cultural ties and familial relations with border areas of Myanmar, often provide shelter to these individuals. Evoking sympathy, some states have chosen to house those fleeing from Myanmar. However, this could potentially aggravate ongoing tribal conflicts, intensifying an already delicate situation.
Recent Influx
Escaping the political turmoil, several foreign nationals, including law enforcement officers from Myanmar, have sought refuge in neighboring Mizoram.
India-Myanmar Border
India and Myanmar share a substantial 1,643 km border, further complicating immigration matters. The border states Mizoram, Manipur, Arunachal Pradesh, and Nagaland share 510 km, 398 km, 520 kms, and 215 kms respectively of the border with Myanmar. Not only is this border unfenced, but it is also porous, contributing to the ease of crossing.
Free Movement Regime
A Free Movement Regime (FMR) exists between India and Myanmar, allowing members of the hill tribes, who are citizens of either country and reside within 16 km on either side of the Indo-Myanmar Border, to cross it with a border pass issued by the competent authority. The permit is valid for one year and allows residents to stay up to two weeks per visit.
United Nations Refugee Convention 1951
The United Nations Refugee Convention 1951 is a multilateral treaty defining the status and rights of refugees and the responsibilities of nations that grant asylum. It also states which individuals do not qualify as refugees, such as war criminals. Enhanced by Article 14 of the Universal Declaration of Human Rights 1948, the convention accords rights to people fleeing persecution due to race, religion, nationality, social group affiliation, or political opinion.
The 1967 Protocol expanded the scope of the convention to include refugees from all countries, compared to the 1951 Convention that only catered to refugees from Europe. Notably, India is not a member of this convention.
