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Refugee rights, the gendered nature of displacement

Context:

The global refugee crisis is an enduring and escalating challenge, driven by conflicts, persecution, violence, and human rights abuses. By the end of 2023, the United Nations High Commissioner for Refugees (UNHCR) reported that 11.73 crore people had been forcibly displaced worldwide.

• This staggering number reflects the worsening situation in conflict zones such as Ukraine, Myanmar, and most recently, Israel and Gaza.

Background:

• Among the displaced, 3.76 crore are refugees who have crossed international borders seeking safety. These numbers are expected to rise as conflicts continue to rage.
• India, with its long history as a refuge for the displaced, is home to over 2,00,000 refugees from diverse backgrounds. However, among the refugee population, women and girls face unique challenges that are often exacerbated by the gendered nature of displacement.
• Their struggles are compounded by social, economic, and psychological pressures, making them one of the most vulnerable groups within refugee communities.

Relevance:

GS-02 (International relations)

Dimensions of the Article:

• India and Its Refugees
• History of Granting Asylum to Refugees
• Challenges Associated
• Why India Has Not Signed the 1951 Refugee Convention

India and Its Refugees:

• India has historically been seen as a welcoming nation for refugees, hosting over 2,00,000 displaced persons from various parts of the world.
• As of January 2022, 46,000 refugees and asylum-seekers were registered with UNHCR India, nearly half of whom are women and girls. Despite India’s long-standing tradition of providing refuge, the country lacks specific legislation that addresses the needs of refugees, especially those with disabilities.
• The Rights of Persons with Disabilities Act (RPWDA) of 2016 provides a framework for protecting the rights of persons with disabilities, including those with mental health conditions. However, the Act does not explicitly include refugees, leaving a significant gap in the protection and support available to displaced women with psychosocial disabilities. Although the Supreme Court of India has affirmed the right to life for refugees under Article 21, which includes the right to health, in practice, access to healthcare for refugees is severely limited.
• The exclusion of refugees from most public health and nutrition programs available to citizens, combined with the high cost of private healthcare, leaves many refugee women without the necessary support for their mental health needs. This situation is particularly dire in a society where mental health services are already stigmatized, and community participation is predominantly male-dominated, further isolating refugee women.

History of Granting Asylum to Refugees

• Jewish Refugees (70 CE): After the Romans destroyed Herod’s Temple in Jerusalem during the First Jewish-Roman War, many Jews sought refuge worldwide, including in India.
• Tibetan Refugees (1959): India granted asylum to Tibetan refugees fleeing Chinese occupation, establishing settlements for their rehabilitation.
• Partition Refugees (1947): During the partition of India, millions of refugees from newly formed Pakistan were accommodated by India, marking one of the largest refugee crises in history.
• Chakma and Hajong Refugees (1960s): India accepted the Chakma and Hajong communities displaced from the Chittagong Hill Tracts in present-day Bangladesh.
• Bangladeshi Refugees (1971): During the Bangladesh Liberation War, India provided shelter and aid to a significant number of refugees fleeing from East Pakistan.
• Sri Lankan Tamil Refugees (1980s): India has served as a refuge for Sri Lankan Tamils escaping civil war and ethnic violence in Sri Lanka.
• Rohingya Refugees (Recent Years): India has faced challenges accommodating Rohingya refugees fleeing violence and human rights abuses in Myanmar’s Rakhine State.

Challenges Associated:

• Legal and Administrative Gaps: India has not ratified the 1951 Refugee Convention or its 1967 Protocol, and it lacks a specific legal framework to address the needs of refugees. This absence of a formal refugee policy means that displaced persons, particularly women with psychosocial disabilities, are often overlooked in the distribution of rights and services.
• Mental Health Stigma: The stigma surrounding mental health issues, especially in patriarchal societies, prevents many refugee women from seeking help. The fear of being ostracized or misunderstood often leads to their conditions being ignored or dismissed, exacerbating their suffering.
• Access to Healthcare: Refugee women have limited access to healthcare services, particularly mental health support. The services that are available are often inadequate, with long wait times and a lack of culturally sensitive care. This is further compounded by language barriers and a lack of awareness about available services.
• Economic Constraints: Financial limitations prevent many refugee families from prioritizing mental health care, especially when physical health is seen as more immediate and urgent. This often results in women’s mental health needs being neglected in favor of addressing more visible health issues.
• Social Isolation: In male-dominated societies, refugee women often lack the platforms to voice their concerns and are excluded from community participation. This social isolation exacerbates their mental health issues and limits their access to support networks.

Why India Has Not Signed the 1951 Refugee Convention:

• India views the convention’s definition of a refugee as too narrow and discriminatory, as it excludes those fleeing due to economic deprivation.
• The convention is perceived as Eurocentric, not adequately addressing the specific challenges faced by South Asian countries like India.
• India is concerned that signing the convention might compromise its sovereignty and impact its national security and border control policies.
• Limited resources and infrastructure are cited as reasons India may struggle to provide adequate assistance to a large influx of refugees.
• There are concerns that the convention’s provisions could be exploited by economic migrants or individuals with ulterior motives, posing security risks.

Way Forward:

• Establishing a Uniform Legal Framework: India needs to develop a comprehensive legal framework that addresses the rights and needs of refugees, particularly women and those with disabilities. This framework should be in line with India’s international commitments, including the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
• Integration of Refugees in Public Health Programs: Refugees, including those with psychosocial disabilities, should be included in public health and nutrition programs. This would ensure they have access to necessary healthcare services without discrimination based on their refugee status.
• Enhanced Mental Health Services: Mental health services for refugees need to be expanded and made more accessible. This includes providing culturally sensitive care, reducing wait times, and increasing awareness about available services. Special attention should be given to addressing the stigma associated with mental health issues, particularly for women.
• Data Collection and Policy Making: Effective policy-making requires accurate data. India should implement systematic processes for identifying and registering refugees, with a focus on disaggregated data collection to understand the specific health conditions and needs of refugee populations.
• Empowering Refugee Women: Efforts should be made to empower refugee women by including them in community participation and decision-making processes. This can be achieved through the establishment of women’s groups, community centers, and other platforms that give refugee women a voice.
• International Collaboration: India should collaborate with international organizations like UNHCR and NGOs to improve the support provided to refugees. This includes sharing best practices, receiving technical assistance, and securing funding for programs aimed at improving the health and well-being of refugee populations.

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