Indian Defence Review

Ecological Epidemiology is a study associated with people and especially of displaced persons. In extensive studies conducted on epidemiological health issues of refugees, those suffering from Post Traumatic Stress Disorders (PTSD) and depression range between 15 to 30 per cent of the population studied while the world average is 1.1 per cent. Such disorders get magnified due to the experience of multiple losses and gross human rights violations. The massive disruptions to family and social networks in the context of extreme human rights violation7, undermines the fundamental sense of coherence of refugees, many becoming isolated and losing trust in the authority structures. Chronic anger is one potential outcome that has important social implications. Unfortunately, in India, there is no system of addressing such problems even amongst its own population, leave alone the refugees. A similar study carried out on people of Kashmir valley in 2015, found that adults living in all ten districts of the valley suffered from high levels of anxiety, PTSD and depression symptoms.8

The study recommended increased access and coverage of mental health services, apart from other measures. In India, all aspects including security threats are addressed symptomatically. It needed a Supreme Court order to appoint nodal officers to mediate and resolve basic humane problems of the refugees. The Court is hearing a batch of petitions, including one filed by two Rohingya Muslims—Mohammad Salimullah and Mohammad Shaqir – who are now living in India.

The security, economic and social threats notwithstanding, there are internal dimensions of NGOs and Human Rights group which play into the hands of those with Islamic fundamentalist leanings, both within India and in Pakistan, to exploit the vulnerable and much persecuted refugees. There is undeniably a religious connotation to the Rohingyas who feel at ease in being alongside their Muslim brethren. However, the muted question, why should there be a larger influx into Jammu and Ladakh and not in the valley? Is it a demographic change being attempted as a larger game plan? Sharmila Bose, an independent researcher reports that in the relatively short span from 1971 to 1981, the population in Rajasthan’s Bandha village has gone up from 172 to 5,888, in Muhar village from 9 to 247, in Kuldar from 32 to 240, in Modana from 422 to 1,198, in MotaKilon-ki-dhani from 48 to 540 and in Madasar from 446 to 1,171. This increase is more because of an influx of cross-border smuggling and espionage related activities. Such an unchecked and unacknowledged aspect may be flagged as a matter of concern; but no one prevented it from happening. A demographic change is beneficial for insidious activities as well as a demand for recognition in the future. In the short term, there are always fresh recruits at hand to be given a ‘job’.

Refugees Through the Indian Prism

The Central Government lacks a national, legal or policy regime concerning refugees. India is also not a signatory to either the 1951 United Nations Refugee Convention or the 1967 UN Protocol on Refugees. A plausible reason of not being a signatory is the principle of non-refoulement contained in the Act. In the absence of international obligations or a national policy, the law that applies to asylum-seekers is the Foreigner’s Act of 1946, which gives the government the power to restrict the movement of non-Indian citizens not just into India, but also within the country. The Foreigner’s Act which defines a foreigner broadly as, “Any person who is not a citizen of India”, is vague about the differences between temporary residents, tourists, travellers, economic migrants and refugees.

Still, refugees continue to pour in and currently, the country has more than 300,000 refugees from 30 different countries. The ambiguity in policy has also led India to developing a unique relationship with the UN High Commissioner for Refugees (UNHCR). India allows the UNHCR to recognise, register and protect certain groups of people as refugees after evaluating their claims on a case-by-case basis. So, for example, the UNHCR has registered refugees from Myanmar, Afghanistan and Somalia who continue to be treated as “foreign nationals” by the Indian Government. Bilateral agreements between Sri Lanka and India in 1964 and 1974, allowed Sri Lankan Tamils of Indian origin to be repatriated and rehabilitated. The policy and process followed by India with all refugees is consistent and non-discriminatory. For example, Sri Lankans and Tibetans have extended visa status. Sri Lankans are being repatriated and with willingness albeit slowly.

Chanakya’s Arthashastra deals with behavioural science of diverse population. The Shastra states that loyalties are based on regions, their behaviour, customs and traditions.9 Foreigners were called Bahirikas and were considered as potential trouble creators. The regulations did not normally allow entry of foreigners. Those allowed entry had to pay a toll tax called dvarabahirika (outsider toll).10 This system ensured a mechanism to monitor movement of people who may not follow the laid down rules and customs of the kingdom.

The refugee issue has to be addressed against the backdrop of the Rohingya crisis in Bangladesh and Myanmar. Despite a repatriation agreement having been signed by the Governments of Bangladesh and Myanmar, their rehabilitation and return remains a distant dream and hope, due to a lack of political will and logistics capacities in Myanmar. The International Crisis Group in its latest report cites the possibility of ARSA increasing their attacks and international jihadist groups aiding ARSA as an enhanced security threat to Myanmar.11

Approach to the Problem

Refugee protection and national security should be seen as complementary and not conflicting state goals. Refugee protection is a current issue while, addressing the root cause, resolution and rehabilitation provides political and diplomatic capital. The threat of terrorist recruitment, conscription and violence speak of the need to safeguard refugees in camps and urban settings, the need to expand and expedite durable solutions and the need to extend legal migration channels to refugees. We have to go by the premise that security and refugee protection reflect a common aspiration for human safety and well-being and that the primary refugee protection strategies promote national security, including strategies to deal with human problems.

Considering our desires of establishing a say in world affairs and our current active foreign policy with ‘Neighbourhood first’ and ‘Act East Policy’ it lends credibility due to the spurt of initiatives taken with our neighbours. It is best that India formulates a cogent and comprehensive refugee policy. India needs to be a provider in the neighbourhood and a country that can be relied upon to give unequivocal support during crisis. Therefore, it is time that the nation adopted certain legislated policy structures as under:–

•  Address refugee-producing conditions through early identification and conflict prevention, mediation and resolution. The Common European Asylum System (CEAS) is the main legal and policy framework of the European Union and is a good example to start with in formulating the Indian system.

•  Create a strong organisational framework, screen refugees and migrants seeking entry and provide development and humanitarian assistance. The Hotspot12 approach by the EU is a good example of proactive quick and yet an effective method to address the problem of overflows of refugees. Management of migration flows is very important from security point of view. This approach focussed on identification, registration and fingerprinting of refugees and identifying with relevant security database. To give an idea of the organisational requirement, take the case of the US which created a vast intelligence, counter-terror and homeland security infrastructure that by 2010, reportedly encompassed 1,271 government organisations and 1,931 private corporations, and 854,000 persons with top-secret clearances in the Washington, DC area alone.

•  Formulate rule of law and a codified model of conduct for dealing with refugees. The goals of legislation should be refugee governance and asylum management.

•  Refugee population should be intelligently managed and address secondary movements.

Conclusion

An effective and non-discriminatory organisation along with effective policies will create conditions and trust that will permit the safe and voluntary return of refugees. It is a central paradox in the debate over refugee protection and security that effective protection policies can further security, but security-driven fears often impede their adoption. Many policymakers, commentators and advocates attribute hostility to refugees and other forcibly displaced persons to political populism. We have our share of demagogues to stoke the fire of objections to anything done by a ruling government in the garb of political expediency.