Status of refugees in India : a study exploring the role of non-governmental organizations in facilitating access to necessary resources

Abstract

The most commonly accepted definition of a refugee appears in the 1951 Convention Relating to the Status of Refugees. The internationally-recognised general definition is supported by regional treaties such as the OAU (Organisation of African Unity) Convention Governing the Specific Aspects of Refugee Problems in Africa, adopted in 1959 and the Cartagena Declaration of 1984.

The mandate of the convention extends to all persons who, “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular group or political opinion, is outside the country of his nationality and being outside the country of former habitual residence as a result of such events is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or; owing to such fear is unwilling to return to it.”.

The reliance on non-state actors in matters of temporary and permanent rehabilitation of refugees is unlike any other rights and recourse-seeking efforts by minority communities. What uniquely differentiates refugees from other marginalized groups is the state’s supposed absence of commitment to their welfare. Humanitarian law expert B.S. Chimni (248: 2013) argues that since refugees do not feature in the matrix of political legitimacy (limited to the State and its people), there is an almost universal rejection of responsibility towards those seeking aid and asylum. This can be witnessed in two ways, the first is the systemic absence of India’s South-Asian neighbours, from the signatory list of the UN Refugee Convention from 1951 and the Protocol from 1967. The second is the overwhelming preference for voluntary repatriation.

The purpose of this research is to firstly, fill the literature gap by tracing the interaction of mandated and non-mandated refugees with non-governmental organisations as they facilitate access to resources which qualify as necessities. Secondarily, this study aims to explore the dynamic shared by these organisations with the government and the UNHCR.