The Rohingya people, an ethnic group not recognized officially by Myanmar and denied citizenship since 1982, represent one of the largest stateless populations globally. They have endured decades of violence, discrimination, and persecution, prompting massive waves of displacement since the early 1990s. The most significant exodus began in August 2017 when violence surged in Myanmar’s Rakhine State, forcing over 742,000 people to seek refuge in neighboring countries. A significant majority of those escaping were women and children.
The Plight of Rohingya Refugees in India
India hosts a sizeable population of Rohingya refugees. Their living conditions, however, are dismal at best. Without valid travel documents, they reside in slum-like settlements lacking safe running water, toilets, health care, or education facilities. Moreover, acquiring an Aadhaar card, a critical document for accessing essential services such as school admissions, has become impossible for them.
Concerns and Recommendations for Rohingya Refugees
Notably, Rohingya refugees in India face multiple challenges. India’s refusal to grant exit visas to Rohingya refugees, anti-refugee sentiment, and fear of deportation are among these concerns. The community lives under a constant threat of deportation, which instills fear and forces some to return to camps in Bangladesh. To improve their situation, India should formally recognize Rohingya refugees as individuals entitled to asylum, sign the 1951 Refugee Convention, and establish domestic laws on refugees and asylum.
The UNHCR Card: An Effective Solution?
Supporters argue that recognizing UNHCR cards could be a step in the right direction. These identification documents issued by the United Nations High Commissioner for Refugees (UNHCR) act as proof of the individual’s status as a refugee or asylum seeker. Accepting these cards would allow the Rohingya to access basic services such as education, work, and health services.
Enhancing India’s Global Credibility and National Security
Better treatment of refugees would boost India’s global reputation and satisfy national security interests. It would help in documenting new arrivals, discouraging them from staying undocumented, and potentially facilitate resettlement opportunities in allied countries such as the U.S., Canada, Australia, Germany, and other European nations.
Why hasn’t India signed the 1951 Refugee Convention?
India’s reluctance to sign the 1951 Refugee Convention could be due to issues with the definition of ‘refugee,’ concerns over sovereignty, limited resources, and regional dynamics. Countries may resist international agreements they perceive may undermine their sovereignty or meddle with their domestic policies. Additionally, signing the Convention could burden India, already struggling to provide essential services to its vast population, with increased responsibilities towards refugees.
India’s Current Legislative Framework for Refugees
In the absence of specific refugee laws, India treats all foreigners—be they illegal immigrants, refugees/asylum seekers, or visa-overstayers—under the Foreigners Act of 1946, Passport (Entry into India) Act of 1920, Registration of Foreigners Act of 1939, and Citizenship Act, 1955. The Citizenship Amendment Act, 2019 seeks to grant citizenship to persecuted Hindu, Christian, Jain, Parsi, Sikh, and Buddhist immigrants from Bangladesh, Pakistan, and Afghanistan. Furthermore, India has issued a Standard Operating Procedure (SOP) to guide agencies dealing with foreign nationals claiming to be refugees.
While no easy solutions exist, it is clear that addressing the challenges faced by the Rohingya in India requires both local legislation and international diplomacy. Appropriate recognition, constructive policy changes, and meaningful cooperation will be critical in ensuring their safety, dignity, and rights.
