Migrants face abuse and violence crossing Africa, says UN report

The Hindu: Page 13

Syllabus: GS 2: International Relations

Practice Question for Mains: Examine the key challenges faced by refugees and migrants globally, and discuss how international frameworks and national policies address these issues. What are the gaps in India’s refugee policy compared to international standards?

A UN-backed report highlights dire risks faced by refugees and migrants travelling across Africa to reach the Mediterranean, documenting high death rates in the Sahara Desert and pervasive abuse including violence, trafficking, and exploitation.

•  Over the past decade, nearly 30,000 deaths or disappearances have been recorded in attempts to reach Europe via the Mediterranean.
•   Crossing the Sahara Desert from January 2020 to May 2024 claimed 1,180 lives, averaging five deaths daily due to harsh conditions.
•   Travellers encounter torture, kidnapping, human trafficking, sexual violence, robbery, detention, and forced expulsions.
•   Despite these dangers, there has been an increase in attempts to cross these perilous land routes.
•  The report emphasises the urgent need for enhanced protection measures along these routes to address the widespread abuses.
•  Vincent Cochetel of UNHCR stressed the focus on finding protection solutions rather than facilitating movement, aiming to mitigate the suffering endured by refugees and migrants.

Reasons for migration from Africa to the Mediterranean:

•  Conflict and Instability: Many migrants flee regions affected by armed conflict, political instability, and persecution, seeking safety and security.
•  Economic Hardship: Economic factors such as poverty, lack of job opportunities, and limited access to resources drive individuals to seek better livelihoods abroad.
• Environmental Challenges: Climate change impacts, including droughts, desertification, and food insecurity, force communities to migrate in search of sustainable living conditions.
•  Humanitarian Crises: Natural disasters, famines, and health crises exacerbate living conditions, prompting people to seek refuge and assistance in more stable regions.
•  Social and Political Factors: Discrimination, lack of rights, and limited access to education and healthcare motivate individuals to migrate in search of better social and political environments.

Differences Between Refugees and Migrants

Definition:

• Refugees: People who flee their country due to serious threats to their life, freedom, or safety because of persecution, armed conflict, violence, or serious public disorder. They require international protection.
• Migrants: Individuals who leave their country voluntarily to work, study, or join family, often for better economic opportunities.

Legal Framework:

• Refugees: Recognized under international law (e.g., 1951 Refugee Convention) with specific criteria that need to be met.
• Migrants: No universally accepted legal definition or framework governing their status.

Reason for Leaving:

• Refugees: Forced to leave due to fear of persecution or violence.
• Migrants: Choose to leave to improve their living conditions or seek personal development.

Rights and Protections:

• Refugees: Entitled to protection and rights under international law, including the right not to be forcibly returned (non-refoulement).
• Migrants: Protected by general human rights laws but do not have specific rights like refugees.

India’s Refugee Policy:

1. Absence of Specific Legislation: India does not have dedicated laws addressing refugee issues, despite an increasing number of refugees entering the country.
2. Non-Party to International Conventions: India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, which are key international frameworks for refugee protection.
3. Moral and Historical Tradition: India has a longstanding tradition of providing refuge and assimilating foreign cultures, showcasing a strong humanitarian approach despite the lack of formal legal backing.
4. Legal Framework: The Foreigners Act, 1946, currently governs refugees, but it does not account for their unique needs and challenges. It grants the Central government extensive powers to deport any foreign national without specific provisions for refugees.
5. Constitutional Protections: The Constitution of India upholds the right to life, liberty, and dignity for all individuals, including foreign nationals. The Supreme Court has affirmed these rights through various rulings, ensuring that non-citizens are entitled to basic rights such as equality and the right to life.
6. Judicial Interpretation: In National Human Rights Commission vs. State of Arunachal Pradesh (1996), the Supreme Court ruled that the rights to equality and life apply to all persons, including refugees.
7. Principle of Non-Refoulement: Article 21 of the Indian Constitution has been interpreted to include the principle of non-refoulement, which prevents the forced return of individuals to a country where they may face persecution.

United Nations Refugee Convention 1951 -

1. Definition & Purpose: Establishes a legal framework defining who is a refugee and outlines their rights, as well as the responsibilities of countries granting asylum.
2. Exclusions: Specifies individuals who do not qualify as refugees, such as war criminals or those guilty of serious non-political crimes.
3. Rights Granted: Grants protection to individuals fleeing persecution based on race, religion, nationality, membership of a particular social group, or political opinion.
4. Visa-Free Travel: Allows limited visa-free travel for holders of travel documents issued under the Convention.
5. Relation to Universal Declaration of Human Rights: Builds on Article 14 of the Universal Declaration of Human Rights (1948), affirming the right to seek asylum from persecution.
6. 1967 Protocol: Expanded the scope to include refugees worldwide, as the 1951 Convention initially only applied to European refugees post-World War II.
7. India’s Position: India is not a signatory to the 1951 Convention or the 1967 Protocol, but it has traditionally provided humanitarian aid and protection to refugees.

PYQ (UPSC CSE (Mains) GS-3 2014) : How illegal transborder migration does pose a threat to India’s security? Discuss the strategies to curb this, bring out the factors which give impetus to such migration. (200 words/12.5m)