in International Law
Asked November 04, 2013

Refugees as External Threat

  • 1 Answer

Many tibetians and even the Dalai Lama came and stayed in India as an asylum. In fact tibetian refugees are residing in dharamsala and other places in quite a large number of proportions. I wonder if refugee problem amounts to external threat to the security of the country? Also please give your views regarding the nationality, identity and domicile of such tibetian refugees and their future generations from the point of public international law.

Answer 1

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Saumya Kumar

In Europe right now the refugees are seen as a threat to the security as many have reported and rely on intelligence reports that ISIS recruits may travel as refugees to the western countries and may execute terrorist activities. Reliability of this information can be challenged but it gives the opportunity to the European countries to close their borders on the ground of law and order situations in their country which they can under international law. More than security, refugees pose a major problem on the availability of resources. The host countries have to take care of the refugees well being which can become a financial burden as was seen in 1971 when the Bengali refugess poured in India from East Pakistan. 

Under Public International Law, we always look to the 1951 Refugee Convention which provides that the nationality of the refugee remains that of the home state and the refugees can be sent back when the prosecution which they faced in their home country, ends. Now India is not a signatory to this Convention and therefore has no obligation under this law to recognize the refugee and to sent them back. In India, the refugees recived over the years have been manged by the orders of the Central Government. The Central Government decides whether a concerned set of people can be allowed to enter, the location of the refugee camps, the daily supplies and possible employment opportunities. The Supreme Court has even allowed refugees to challenge government's order when it refuses to grant entry to a refugee. 

With respect to the Tibetian refugees the Central Government was quite supportive in providing basic support system without forcing them to change their citizenship but eventually many Tibetians have taken up Indian citizenship but many have not. 

Agree Comment 0 Agrees about 5 years ago

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