Refugee Protection as Human Rights Protection:

International Principles and Practice in India

Brian Gorlick and Sumbul Rimi Khan

Abstract internationales de 1'Inde. Les auteurs war Europe. Regrettably, protecting

dheloppent une argumentation selon and assisting victims o f human rights
This articlefocuses on the relationship laquelle les lois et pratiques intematio- violations which result in forced dis-
between international human rights nales en matitre de droits humains ont placement is as relevant today as it was
standards and refugee protection. The un impact significatifsur les activite's some fifty years ago. However, refu-
foundational status of the Universal de protection assure'es par 1'0fice du gees are not simply victims o f human
Declaration of Human Rights and other Haut Commissariat des Nations Unies rights violations as they represent a
human rights treaties are surveyed in aux rtfugie's, autant duns les pays asi- distinct group o f individuals who are
light of India's international legal obli- les, que duns les pays d'origine, et ce without the protection o f a national
gations. The authors argue that inter- duns toute interactionentre les Nations state. The international system o f refu-
national human rights law and practice Unies et les autres intervenants en ma- gee law was adopted in order to re-
have had a significant impact on the tikre de droits humains. Duns un tel place the protection which is normally
protection activities of the Ofice of the contexte, les tribunaux et les institu- provided b y and is the responsibility
United Nations High Commissionerfor tions nationales traitant des droits hu- o f national governments for their citi-
Refugees (UNHCR) both in countries mains sont des acteurs cruciaux en ce zens.
of asylum, countries of origin and in qui concerne la protection des droits des The idea o f developing a system o f
relation to the United Nationsand other rtfugib. Comme aucun des pays d'Asie law which protects the human rights
human rights actors. In this context, du Sud n'est engage' duns les grands o f individuals is also nothing new.
courts and national human rights insti- me'canisrnes intemationaux en matitre Many states have been established on
tutions are important players in safe- de droit des rt!fugie's,et comme aucun the basis that individuals have certain
guarding the rights of refugees.As none d'entre eux n'a adopte' de loi ou proci- inherent rights which must be re-
of the countries of South Asia is party to dure nationale en matitre de droit des spected b y the state. The idea o f estab-
the international refugee instruments rtfugits, les activite'sde la Commission lishing a system o f international
nor have any of them adopted a national Nationale Indienne des droits de human rights law is a more recent de-
refugee law or procedure, the activities 1'Homme s'avtrent repre'senter un velopment which has been catalyzed
of the Indian National Human Rights exemple positif d'institution nationale through the United Nations. The 1945
Commission stand out as a positive ex- assurant le progrts de la protection 16 UN Charter proclaims in its Preamble
ample of national institution expand- gale des re'fugie's duns cette re'gion du that "promoting and encouraging re-
ing the legal protection of refugees in the monde. spect for human rights and for funda-
region. mental freedoms for all without
International Human Rights as a distinction as to race, sex, language or
Precis System of International Law religion" is a primary purpose o f the
Cet article porte sur la relation entre Human rights are freedoms which are United Nations. Member states o f the
crittres internationaux en matitre de granted equally to all persons without UN pledge themselves to take action in
droits humains et protection des rtfu- distinction. In a sense, human rights cooperation with the United Nations
gie's. Les statuts fondateurs de la can be considered universally recog- to achieve this purpose.
De'claration Universelle des droits de nized standards o fbehaviour. The vio- Apart from the UN Charter, the Uni-
1'Homme et d'autres traite's sur les lation o f these standards b y states, or versal Declaration of Human Rights o f
droits humains sont analysb h la lu- other agents, may give rise to situa- 1948, and the Convention relating to the
mitre des obligations juridiques tions which lead to the creation o f refu- Status of Refugees o f 1951: a number o f
gees. Refugees, b y definition, are other international h u m a n rights
victims o f human rights violations.' standards and instruments have been
Brian Gorlick, MA, LL.B., LL.M., is Legal Oficer, Viewing the refugee problem in the developed and adopted b y member
UNHCR Delhi Ofice, New Delhi, India.
context o f human rights is clearly rel- states o f the United Nations. These in-
Sumbul Rizvi Khan, LL.B., is Associate Legal clude theInternationa1Couenant on Civil
Oficer, UNHCR Delhi Ofice, New Delhi,
evant. In fact the origin o f the interna-
India. tional system o f refugee protection, as and Political Rights (1966), the Intema-
The views expressed are those of the authors and codified in international refugee law, tional Covenant on Economic, Social and
not necessarily shared by the United Nations or grew out o f concern for the plight o f Cultural Rights (1966)-collectively
UNHCR. refugees fleeing the troubles o f post- k n o w n as the International Bill o f

Refuge, Vol. 16, No. 6 (December 1997) 39

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Rights-the Convention on the Preven- larly, and particularlyin the post-Cold UNHCR will be permitted to continue
tion and Punishment of the Crimeof Geno- War context, it is widely acknowl- its activities along traditional lines.
cide (l948),the Convention relating to the edged that international attention to Furthermore, "in country" protection
Status of Stateless Persons (1954), and human rights violations is not an inter- activities are becoming increasingly
the Convention on the Elimination of ference in a country's domestic affairs formalized as part of UNHCR's evolv-
Racial Discrimination (1965), and the but is rather part of routine interna- ing protection mandate.4
Convention on the Elimination of Dis- tional diplomacy. Although some In efforts to prevent refugee flows
crimination against Women (1979).More states will go to great lengths to avoid the UN and others, notably NGOs, are
recently, the Convention against Torture scrutiny or criticism before interna- providing technical assistanceto states
and Other Cruel, Inhuman or Degrading tional human rights bodies, the inter- within a general human rights frame-
Treatment or Punishment (1984),and the national community has identified a work. This includes the promotion of
Convention on the Rights of the Child need to strengthen and improve appli- human rights standards through the
(1989) have been adopted at the inter- cation and enforceability of the inter- training of judges, lawyers, and
national level. national system of human rights human rights activists; giving sub-
In addition to the central foun- protection. This has been realized stance to educational rights by fund-
dationalstatus of the UniversalDeclara- through, for example, the UN-spon- ing the construction of new schools in
tion of Human Rights, more than 189 sored human rights missions in Cam- war-torn countries; and promoting
states have ratified or adhered to at bodia, El Salvador, Guatemala, Haiti, economic rights through comrnunity-
least one (or in the majority of cases the former Yugoslavia and Rwanda; based projects focused on providing
more) of these international human the establishment of international assistance to returning refugees. Pro-
rights treaties, thus establishingbind- criminal tribunals for the former Yu- moting enactment and enforceability
ing legal obligations of a continuing goslavia and Rwanda; and technical of domestic refugee and human rights
nature. Several South Asian states are cooperation in the field of human laws, promotion of national human
party to the major human rights con- rights with governments and other rights institutions, and training of gov-
ventions in addition to the 1949 actors. Of course the degree varies, ernment authorities, are other preven-
Geneva Conventions and their 1977 ranging from assistance and advice, to tion-oriented activities in which the
Additional Protocols governing the monitoring and reporting and direct UN, governments, and NGOs are in-
laws of war. protection. creasingly engaged.
Among the international human In its own policies and programs, As part of the development of hu-
rights treaties, India is party to the two UNHCR has incorporated a number of man rights principles through UN
international Covenants as well as the human rights principles. Its protection Conventions, a number of interna-
In tern tional Convention on the Elimina- activities in countries of asylum and tional treaty bodies have been estab-
tion of All Forms of Racial Discrimination, countries of origin include working lished to investigate violations,
the Convention on the Rights of the Child, with states in the areas of legal reha- enforce standards, and assist states in
and the Convention on the Elimination of bilitation, institution building, law re- implementing their treaty obligations.
All Forms of Discrimination Against form and enforcement of the rule of These bodies have the authority to ex-
Women. India has also ratified the Con- law and providing humanitarian as- amine periodic state party reports re-
vention on the Political Rights of Women, sistance to internally displaced per- garding implementation of the treaty
the Convention on the Suppression and sons. Increased cooperation with provisions. With the agreement of
Punishment of the Crimeof Apartheid, the international and regional human states, some treaty bodies have the
Convention on the Non-Applicability of rights mechanisms are also new areas competence to investigate and decide
Statutoy Limitations to War Crimes and of involvement for UNHCR. These upon individual and inter-state com-
Crimes against Humanity, and the Con- activities add to an already overbur- plaints and undertake field missions in
vention on the Prevention and Punish- dened agenda. Some states have ex- order to monitor implementation
ment of the Crime of Genocide. Most pressed concern that UNHCR should measures. During examinationof state
recently, India acceded to the 1984Con- not undertake tasks which go beyond party reports the committees may pre-
ven tion Against To~ture.~ its formal mandate. This concern is pare formal conclusions and observa-
well taken as these more recent activi- tions on the performance of states in
Using "Human Rights" to Enhance ties are placing considerable strain on complying with international human
the Protection of Refugees UNHCR's limited resources. In this rights law. They may also formulate
In the international system of human context the question of whether specific recommendations to govern-
rights protection, the grant of asylum UNHCR has the capacity and capabil- ments. In recent years, some of these
by a state to persons entitled to invoke ity to do these tasks must be addressed. committees such as the Human Rights
Article 14of the Universal Declaration of Despite these apprehensions, in this Committee, the Committee on the
Human Rights cannotbe regarded as an era of downsizing and reform of the Rights of the Child, and the Committee
unfriendly act by another state. Simi- UN system it seems unlikely that Against Torture, have regularly raised

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issues about the treatment of refugees nese, and Myanmarese are not recog- summon and examine witnesses, req-
by state parties to the respective Con- nized by the Indian Government. For uisition and discover documents in-
vention~.~ which reason UNHCR has had to in- cluding public records, consider
The UN human rights machinery tervene through determining and affidavit evidence and undertake field
has paid increasing attention to the granting refugee status under its man- investigations.15
plight of refugees. This raises aware- date. The NHRC may study treaties and
ness of refugee protection issues This differential treatment of refu- international instruments on human
through promoting legal standards for gees is a fundamental problem. It ne- rights and make recommendations on
refugees and internally displaced per- gates the provision of legal rights and their effective implementation along
sonsin addition to sharinginformation assistance which would normally be with promoting research and perform-
concerning incidents of violations of granted by an asylum country. More- ing functionsnecessary for the promo-
refugees' rights. Human rights NGOs over, it is not clear what legal status or tion of human rights. In respect of this
and UNHCR have played key roles in rights accrue to a person as a result of particular function the Commission
educating members of the interna- registration by the government of In- reportedly played an active role in en-
tional and domestic human rights dia as a refugee, nor the relationship couraging the Indian govemment to
communities on the linkages between between "refugee" status granted by accede to the UN Convention against
safeguarding human rights and refu- the government and corresponding Torture.
gee protection. These initiatives have national laws governing the entry and The NHRC comprises a chairperson
firmly entrenched human rights issues stay of foreigner^.^ who has been a Chief Justice of the
in relation to the refugee p r ~ b l e m . ~ Although the host of international Supreme Court of India, a member
human rights instruments which have who has been a Judge of the Supreme
National Human Rights Institutions been ratified by India and other South Court, a member who has been a Chief
and Refugee Protection: Asian countries may significantly Justice of a High Court, and two other
The Indian Experience strengthen the international regime of members with experience in the field
On a regional basis a number of human human rights protection in the region: of human rights.16Under the Act, Hu-
rights treaties have been adopted. it remains a curiosity that none of the man Rights Commissions may also be
These include the European Convention South Asian countries have acceded to established at the state level. The or-
for the Protection of Human Rights and the international refugee instru- ganizational set-up of the state Com-
Fundamental Freedoms (1950), the ments.1°Nor have any of them enacted missions are quite similar to that of the
American Convention on Human Rights a domestic legal frameworkinthe form National Commission with the Chair-
(1969), and the Afican Charter on Hu- of a refugee or asylum law or determi- person being a former Chief Justice of
man and Peoples' Rights (1981).In South nation procedure.ll In the absence of a the High Court.17At the state-level the
Asia, despite efforts in this direction, domestic legal framework and proce- Act provides for the establishment of
no regional human rights framework dure, national human rights institu- Human Rights Courts for the purpose
has yet been established. However, tions and the courts can play an of providing speedy trial of offences
several Asian states have enacted or important role. arising out of violations of human
have expressed their commitment to The 1993Protection of Human Rights rights. To assist the Court, the state
enacting national human rights legis- Act12 established the Indian National government is also permitted to ap-
lati~n.~ Human Rights Commission (NHRCor point an experienced Public Prosecu-
In the absence of a formal legal Commission). Under the Act the tor or advocate as Special Public
frameworkgoverning the treatment of NHRC has a wide range of powers and Prosecutor who would be responsible
refugees, several South Asian coun- functions. First and foremost, it may for conducting cases.18
tries have chosen to manage influxes inquire suo mot0 or on the basis of a Till date, the NHRC has been con-
of refugees through administrative petition the violation of human rights siderably active in the field of protec-
decisions rather than through specific of anyperson.13Under its authority the tion of human rights of refugees.
legislative enactments. This has ad- NHRC can intervene in any human Specific interventions made by the
vantages in that it allows for flexibility rights proceeding before any Court, or Commission have resulted in wide-
in the granting of asylum. India, for visit any jail or other institution under ranging consequences relating to the
example, generously accepts large control of the state govemment to in- protection of Chakma refugees who
groups of refugees who are fleeing not vestigate illegal detentions or condi- have sought refuge in the Northeast-
just for reasons relating to persecution, tions of legal detentions.14The NHRC ern states of India, particularly the
but also due to generalized violence as is authorized to review legal provi- States of Arunachal Pradesh and
is the case of Sri Lankan Tamils. How- sions and factors inhibiting the enjoy- Tripura. It has also effectively inter-
ever, this does not hold good for all ment of human rights in India and vened and continues to do so in cases
groups as certain refugees like Af- make recommendations to remedy of illegal detention of Sri Lankan Tamil
ghans, Iranians, Iraqis, Somalis, Suda- any violation. It is also empowered to refugees in the State of Tamil Nadu.

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Details of these interventions are dis- Orders were also passed for ensur- ing their refugee status and thereby
cussed below. ing that applicationsfor Indian citizen- authorizingtheir stay in India. Despite
In 1994, an Indian NGO, the Peo- ship made by the Chakma refugees grant of the permits, many refugees
ples' Union for Civil Liberties (PUCL), would be duly recorded and for- were detained for illegal entry and
spearheading the complaints made by warded to the central government for unauthorized stay in India under the
the Chakmas and Hajong refugees, consideration. The decision of the Foreigners Act. The Commission took
approached the NHRC for redress of Indian Supreme Court is hailed as a up these cases with the state govern-
their grievances which related to the landmark judgment in respect of safe- ment and obtained the release of many
non-grant of citizenship and attempts guarding fundamental constitutional refugees.
at their forcible expulsion from India. rights of foreigners,in this case a group The above examples demonstrate
Intimidatory tactics employed against of refugees.lgAlthough the judgment that NHRC can play a powerful role in
the refugees included acts of looting, is rather limited in its discussion of the protecting the rights of refugees. In
threats, and physical violence target- scope of the "rights" applicable to refu- considering the Indian experience it
ing Chakma and Hajong refugees in gees in India, it is a most helpful pro- should be noted that the resources of
Arunachal Pradesh. The Commission nouncement which has since been the Commission simply cannot keep
took steps to verify the authenticity of referred to repeatedly in respective pace with the number of complaints it
the grievancesby writing to the central High and Lower-level courts in India receives, as it is estimated that the
and concerned state government, and that "refugees," however defined, NHRC receives over 2,000 communi-
upon not obtaining a favourable re- should be granted certain legal protec- cations monthly and has a backlog in
sponse it sent an inspection team com- tion in India. More broadly, the deci- excess of 25,000 cases. In such circum-
prising senior officials of the NHRC sion is a successful example of the stances the delivery of justice will
and the PUCL. The matter was pur- National Human Rights Commission never be satisfactory. Nevertheless,
sued further, and due to lack of coop- following-up a refugee case as the work of the Indian National Hu-
eration on the part of the State of intervenor to the Supreme Court. It man Rights Commission stands out as
Arunachal Pradesh the Commission this respect it createsa favourableprec- a positive example of an accessible and
took the initiative and filed a writ peti- edent. functioning national human rights in-
tion before the Supreme Court of In- Another case taken up by the NHRC stitution.
dia. concerned a number of Jumma refu- The ability and willingness of the
The SupremeCourt granted interim gees in the State of Tripura. In mid- Commission to take up the cause of
orders for non-expulsion of the refu- 1996the Commission sent a team to the refugees in the future will depend on
gees till the final disposal of the case. Jumma refugee camps to investigate many factors. These include the qual-
Thereafter, in January 1996, the Su- allegations concerning the poor camp ity and presentation of complaints
preme Court issued final orders which conditions which, as one NGO pointed which come to its attention, as well as
inter alia recognized that there exists a out, had the effect of pressuring the the crucial part played by advocates
clear and present danger to the lives refugees to repatriate. After conduct- and NGOs in pursing such matters
and personal liberty of the refugees. ing its investigation the team reported before the NHRC. In this regard the
The Court further upheld that the pro- on the woefully inadequate accommo- work of the national Commission
tection of Article 21 of the Indian Con- dation, health and food facilitiesin the should have a positive impact on the
stitution which ensures the right to life refugee camps. The Commission took emerging activities of the state-based
and liberty, is applicable to allirrespec- up the matter with the stateand central human rights commissions. As an in-
tive of whether they are Indian citi- governments and is actively involved stitution which enjoys an independ-
zens. The SupremeCourt thus ordered in enhancing the quality of life in the ence of process and procedure, and as
that the refugees cannot be deprived of Jwnma refugee camps. As a result of a result of the status and expertise of its
their life or personal liberty except in these interventions camp conditions members, there are high expectations
accordance with the procedure estab- have improved. However, neither that the NHRC will continue to play an
lished by law. Specific directions were UNHCRnor ICRC have been provided important role in safeguarding and
issued to the state government to the a role in the ongoing repatriation exer- expanding the legal protection of refu-
effect that cise to Bangladesh. gees in India.
... the State shall ensure that the life The NHRC has also successfullyin-
tervened in a number of cases of Sri Notes
and personal liberty of each and
every Chakma residing within the Lankan Tamil refugees who had been 1. A key elementof the refugee definitionas
State shall be protected and any at- detained in so-called "special camps" found in the 1951 Refugee Convention is
tempt to forcibly evict or drive them in Tamil Nadu on the suspicion of be- fleeing one's country of origin "owingto
out of the State ...shall be repelled, if a well-founded fear of persecution." Per-
ing LTTE militants. A number of these secution is not defined in international
necessary by requisitioning para- refugees had been issued refugee per- refugee or human rights law. However,
military or police force ... mit.by the state government recogniz- one commentatorhas offered the follow-

42 Refuge, Vol. 16, No. 6 (December 1997)

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 ing description: "[Plersecution may be win-Gill, The Refugee in International Law 9. As concerns the application of intema-
defined as the sustained or systematic (2nd ed.), in particular Chapter 1, (Ox- tional human rights standards in domes-
violation of basic human rights demon- ford: Clarendon Press, 1996); also see tic law the former ChiefJusticeof India, J.
strative of a failure of state protection. A William Clarence, "Field Strategy for S. Verma, noted in his inaugural speech
well-founded fear of persecution exists Human Rights Protection," IJRL 9, no. 2 to the seminar on "Refugees in the
when one reasonably anticipates that the (April 1996): 232-33. SAARC Region" held in New Delhi in
failure to leave the country may result in 5. For example, the third periodic report of May 1997 that "[iln the absence of na-
a form of serious harm which Govern- India was examined by the UN Human tional laws satisfyingthe need [toprotect
ment cannot or will not prevent ...", Rights Committee during its sixtieth ses- refugeed, the provisions of the [I951
James Hathaway, "Fear of Persecution sion held at Geneva. In its Concluding Refugee]Conventionand its Protocolcan
and the Law of Human Rights," Bulletin Observations under the heading "Sub- be relied on when there is no conflictwith
of Human Rights 91/1, UN, New York jects of Concern and committee's Recom- any provision in the municipal laws. This
(1992):99. mendations," the Committee remarked is a canon of construction,recognized by
2. There are currently 134statepartiesto the as follows: "The Committee, noting that the courts in enforcing the obligations of
1951Convention and/or the 1967 Proto- international treaties are not self-execut- the state for the protection of the basic
col relating to the Status of Rejitgees. Article ing in India, recommends that steps be human rights of individuals. It is more so
1(A) of the 1951 Convention defines a taken to incorporate fully the provisions when the country is a signatory to the
refugee as any person who "owing to a of the Covenantinto domesticlaw, so that International Convention which implies
well-foundedfear of beingpersecutedfor individuals may invoke them directly its consent and obligation to be bound by
reasons of race, religion, nationality, before the courts. The Committee also the International Convention, even in the
membership of a particular social group recommends that consideration be given absence of expressly enacted municipal
or political opinion, is outside the coun- by the authorities to ratifying the Op- laws to that effect.. ." For a recent judicial
try of his or her nationality and is unable tional Protocol to [International Cov- application of this reasoning see the In-
or, owing to such fear, is unwilling to enant on Civil and Political Rights], dian SupremeCourtjudgment of Vishaka
avail him or herself of the protection of enabling the Committee to receive indi- et al. v. Rajastan etal., Writ Petition (Crimi-
that country;or who, not having a nation- vidual communications relating to In- nal) Nos. 666-70 of 1992, unreported
ality and being outside the country of his dia." (Para.13).Concerningrefugees, the judgment of 13 August 1997.
or her habitual residence as a result of Human Rights Committee further stated: It is also noteworthy that certain
such events, is unable or owing to such "The Committee expresses concern at re- "rights" provisions of the Indian Constitu-
fear, is unwilling to return to it ..." ports of forcible repatriation of asylum tion including Articles 14 (right to equal-
seekers, including those from Myanmar ity) and 21 (right to life and liberty) are
3. In a statement issued by the Indian Min- available to non-citizens including refu-
istry of External Affairs it was noted that (Chins), the Chittagong Hill Tracts and
Chadunas (sic). It recommends that, in gees. See National Human Rights Commis-
India's accession to the Conventionagainst sion v. State of Arunachal Pradesh et al., op.
Torture is part of "India's determination the process of repatriation of asylum
seekers or refugees, due attentionbe paid cit., and Khudiram Chakma v.. Union of In-
to uphold the greatest values of Indian dia, (1994) Supp 1SCC 614.
civilization and our policy to work with to the provisions of the Covenant and
other members of the international com- other applicable international norms." 10. In a speech to the 48th Session of the
munity to promote and protect human (Para. 30). See UN Document CCPR/C/ UNHCR Executive Committee, then In-
rights." 60/IND/3 of 30 July 1997. dian Permanent Representative to the
In the refugee context, ratification of the 6. A useful compilation of the various ac- UN, Ms. Arundhati Ghose, explained
Convention against Torture is extremely tivities of the UN human rights mecha- Mia's reluctance to accede to the 1951
important as Article 3(1) provides that nisms concerning refugees and issues of Refugee Convention as follows: "The 1951
"[nlo State Party shall expel, return ("re- forced displacement is found in the UN Convention was adopted in the specific
fouler") or extradite a person to another Commission on Human Rights report context of conditions in Europe during
State where thereare substantial grounds "Human Rights, Mass Exoduses and Dis- the period immediately after the second
for believing that he or she would be in placed Persons," UN Document E/ world war. International refugee law is
danger of being subjected to torture." CN.4/1997/42 of 14 January 1997. currentlyin a state of flux and it is evident
Article 3(2) further provides that "[flor that many of the provisions of the
7. At the 2nd Asia-Pacific Regional Work- Convention, particularly those which
the purpose of determining whether shopheld in New Delhi on 10-12 Septem-
there are such grounds, the competent provide for individualized status deter-
ber 1997 the government delegates of mination and social security have little
authorities shall take into account all rel- Bangladesh and Nepal indicated they are
evant considerations including, where relevance to the circumstances of devel-
in the process of establishing national oping countries today who are mainly
applicable, the existence in the State con- human rights institutions through enact-
cerned of a consistent pattern of gross, confrontedwithmassand mixed inflows.
ing legislation. Moreover, the signing of the Convention
flagrant or mass violations of human
rights" (emphasis added). 8. For a summary of the legal situation fac- is unlikely to improve in any practical
For a description of the mandate and ac- ing refugees in India see B. S. Chimni, manner the actual protection which has
"The Legal Condition of Refugees in In- always been enjoyed and continues to be
tivities of the Committee established un-
der the Convention against Torture see dia," Journal of Refugee Studies 7, no. 4, enjoyed by refugees in India. We there-
Brian Gorlick, "Refugee Protection and OUP, 1994. Also see Sumbul Rizvi Khan, fore believe that the time has come for a
the Committee Against Torture," IJRL 7, "Response of the Indian Judicial System fundamental reformulation of interna-
no. 3, July 1995. to the Refugee Problem," Bulletin on IHL tional refugee law to take into account
& Refugee Law 2, no. 1, Indian Centre for present day realities ... it has be recog-
4. For a description of the changing nature Humanitarian Laws and Research, New nized that refugees and mass movements
of UNHCR's mandate see Guy S. Good- Delhi, 1997. are first and foremost a 'developing coun-

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 try' problem and that the biggest "do- was adopted at the 4th Regional Consul- 13. Ibid., Section 12.
nors" are in reality developing countries tation on Refugees and Migratory Move- 14. bid.
who put at risk their fragde environment, ments in South Asia held in Dhaka in
15.Ibid., Sections 13 and 14.
economy and society to provide refuge to November 1997.It is expected that this
millions. An international system which Model Law willprovideapoint of depar- 16.Ibid., Section 4.
does not address their concerns ad- ture for continued debate and discussion 17.Ibid., Section 21.
equately cannot be sustained in the long onthe form and content of anationalrefu- Sections 30 and 31.
run ..." gee legislation which may be appropriate
in the context of South Asia. 19.National Human Rights Commission a. State
11.AlthoughnoSouth Asian country has yet . of Arunachal Pradesh and another, (1996)1
adopted a domestic refugee law or proce- 12.The Protection of Human Rights Act,No. 10 SCC 295.o
dure a recent "Model Law on Refugees" of 1994.

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