The Ministry of Home Affairs has recently spotlighted a situation involving Rohingya migrants in India, who, according to some reports, are engaging in illegal activities. This information was shared in response to inquiries regarding the status of Rohingyas residing unlawfully in various areas of the country.
About The Rohingya People
Rohingya is a term referring to a stateless, Indo-Aryan ethnic group primarily residing in Rakhine State, Myanmar. Identified by the United Nations as one of the world’s most persecuted minorities, they have endured long periods of violence and discrimination prompting them to seek refuge in other countries like Bangladesh, India, and others.
Issues and Concerns Related To Rohingyas
Various issues stemming from illegal Rohingya immigration into India include national security threats, clashes of interest for local populations, political instability, rise of militancy, human trafficking, and disturbances in law and order.
Government Measures To Address The Situation
Steps taken by the Government include issuing instructions to states and union territories to identify and manage illegal migrants. Laws like The Passport (Entry into India) Act, 1920, Foreigners Act, 1946, and The Registration of Foreigners Act, 1939 have been used to manage and control this issue. Recently, district magistrates have been granted power under amended 1964 orders to decide if a person staying illegally in India is a foreigner or not.
Legal Definitions: Illegal Migrants Vs Refugee
Foreign nationals entering the country without valid travel documents are classified as illegal migrants. On the other hand, under the 1951 UN Convention on the Status of Refugees and the subsequent 1967 Protocol, a refugee is any person outside their country of origin and unable or unwilling to return due to persecution for reasons such as race, religion, nationality, or membership of a particular social group or political opinion. Notably, India isn’t a signatory to these conventions.
A Call For Domestic Refugee Laws
While India has been one of the largest recipients of refugees globally, it does not have domestic legislation regarding refugees. The absence of such laws has blurred the line between refugees and economic migrants, leading to denial of assistance to genuine asylum seekers. The adoption of domestic refugee laws in India, alongside the signing of the 1951 Refugee Convention and the 1967 Protocol, could deter oppressive governments in neighboring countries from persecuting their populations and forcing them to flee to India.
Encouraging SAARC Nations To Ratify Refugee Conventions
Following the enactment of its domestic refugee law, India should consider encouraging other South Asia Association for Regional Cooperation (SAARC) member nations to develop a convention on refugees. Such an initiative would allow SAARC member states to agree to ratify the 1951 Refugee Convention and the 1967 Protocol, recording their reservations where necessary.
The matter of Rohingya migrants poses a significant challenge for India, calling for urgent measures to address the issues at stake.