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New refugee policy: India’s need of the hour

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Published : Sep 1, 2021, 9:47 AM IST

Updated : Sep 1, 2021, 10:49 AM IST

In an interaction with ETV Bharat senior correspondent Chandrakala Choudhury, former ambassador Jitendra Tripathi said with the fast-evolving deteriorating security situation, India should meticulously and strictly examine case by case and then allow refugees to come.

refugee
refugee

New Delhi: With the Taliban taking over Afghanistan and the US troops exiting the war-torn country, many residents are fleeing to the neighbouring countries as fear and uncertainties loom large. Despite several public assurances by the Taliban that there will be no killings and women will be allowed to work and continue education, most Afghans fear the same treatment they faced under the previous Taliban regime. Therefore, many are rushing to different countries and India which has been a traditional ally of Afghanistan, too has received multiple requests for asylum. Since time immemorial, India has been home to persecuted minorities. But India doesn’t have a stated policy to deal with the crisis of the refugees, which is the need of the hour.

This is when the Citizenship Amendment act (CAA) of 2019 has once again hit the limelight with the opposition parties urging the government to review the CAA given the recent escalating crisis in war-torn Afghanistan.

Read: Far greater humanitarian crisis just beginning: UNHCR on Afghanistan

India is not a signatory to the 1951 UN Convention or the 1967 Protocol, nor does India have a refugee policy or refugee laws of its own, but India has been home away from home for many refugees from Afghanistan since 1979, depending on the security and geopolitical scenario at that time.

Taking a diplomatic approach, former ambassador Jitendra Tripathi pointed out that the government of India has ensured in the CAA that the Sikh and Hindu refugees from Afghanistan, Bangladesh, and Pakistan etc will be accepted but that doesn’t mean refugees from other religions will not be accepted. “They will be accepted on a case to case basis and it is being done. In the last few flights of evacuation not only did Afghan Hindus came to India but many Afghan Muslims also arrived”, he said.

“With the fast-evolving deteriorating security situation, India should very carefully examine every case for refugee status. Terrorists may infiltrate in the garb of refugees. India should meticulously and strictly examine case by case and then allow refugees to come ”, he added.

Earlier, we have granted refugee status to many Sri Lankans, Bangladeshis, and Tibetans. It is not that India is not granting refuge but accepting refugees only on a case to case basis. UNHCR is just an advisory body. It cannot dictate the countries whom to provide refuge and whom not to. It is only up to the countries to decide according to the political situation and expediency of the case, he stated.

He further said that granting citizenship has never been so easy for either of the government in power. But citizenship rules have not changed substantially over the year, he underlined, while adding that for anybody to come and ask for citizenship, he or she shall live here for seven years but if it is proved that the person is stateless then maybe some special consideration can be made.

Read: Afghan refugees in India tap embassies doors for asylum

In the recent weeks, in the wake of the ongoing crisis in war-torn Afghanistan, few refugees have arrived from Afghanistan, mostly members of Parliament and students and other who have prior visa given by India.

Earlier this month, the Ministry of External Affairs had said it has evacuated over 550 people, of which 260 were Indians. India was also able to bring out some Afghan nationals as well as nationals from other countries.

Among them were Sikhs and Hindus too. The MEA spokesperson had said, "Primarily, our focus will be on Indian nationals, but we'll also stand by Afghans who stood by us".

Given the current situation in Afghanistan, the government of India has introduced a new e-visa category-the e-Emergency X-Mic (Miscellaneous) visa- that will allow Afghan nationals wanting to evacuate to India, to apply online. The Ministry of External Affairs said owing to the prevailing security situation in Afghanistan and streamlining of the visa process by the introduction of the e-Emergency X-Misc visa, it has been decided that all Afghan nationals henceforth must travel to India only on e-Visa. Keeping in view some reports that certain passports of Afghan nationals have been misplaced, previously issued visas to all Afghan nationals, who are presently not in India, stand invalidated with immediate effect. Afghan nationals wishing to travel to India may apply for e-Visa at www.indianvisaonline.gov.in, MEA added.

Meanwhile, speaking to ETV Bharat, Nisar Ahmad Sherzai, an Afghan refugee and a political activist who has been taking refuge in India for more than 5 years said, “Five years ago, I ran off from Afghanistan fearing the atrocities carried out by the Taliban. Ever since, I have been requesting the UNHCR to help our Afghan refugees, following which they closed my case. Many Afghan refugees like me are facing the same problem. Even my visa has expired. Many Afghan nationals are calling and expressing concerns that they are unable to apply for the e-visa online- which has been recently introduced by the government, from the last 10 days and are stranded there. We are hopeful that the Indian government can only help us. I urge the Indian government to provide citizenship because we are living here for many years. Also, I urged the government and UNHCR to facilitate the process of providing refugee cards to apply for a long term visa in India”.

Read: Taliban can't be trusted, they will show their real face soon, say Afghan refugees

Earlier, Kiri Atri, Assistant External relations officer, UNHCR India told ETV Bharat that 15,467 Afghan refugees and asylum seekers in India have registered with UNHCR (as of July 2021). Meanwhile, the June 2021 factsheet of the UNHCR India states that 208,065 refugees reside in India currently. Of these, 95,829 Sri Lankan refugees and 73,404 Tibetan refugees are registered.

According to the UN refugees’ agency, this year more than 5,50,000 Afghans have been internally displaced as a result of conflict and insecurity.

Notably, India has given citizenship to refugees from neighbouring countries in the past. In most cases, it has given Long Term Visas (LTV) to the refugees, especially from Pakistan, Afghanistan and Bangladesh.

New Delhi: With the Taliban taking over Afghanistan and the US troops exiting the war-torn country, many residents are fleeing to the neighbouring countries as fear and uncertainties loom large. Despite several public assurances by the Taliban that there will be no killings and women will be allowed to work and continue education, most Afghans fear the same treatment they faced under the previous Taliban regime. Therefore, many are rushing to different countries and India which has been a traditional ally of Afghanistan, too has received multiple requests for asylum. Since time immemorial, India has been home to persecuted minorities. But India doesn’t have a stated policy to deal with the crisis of the refugees, which is the need of the hour.

This is when the Citizenship Amendment act (CAA) of 2019 has once again hit the limelight with the opposition parties urging the government to review the CAA given the recent escalating crisis in war-torn Afghanistan.

Read: Far greater humanitarian crisis just beginning: UNHCR on Afghanistan

India is not a signatory to the 1951 UN Convention or the 1967 Protocol, nor does India have a refugee policy or refugee laws of its own, but India has been home away from home for many refugees from Afghanistan since 1979, depending on the security and geopolitical scenario at that time.

Taking a diplomatic approach, former ambassador Jitendra Tripathi pointed out that the government of India has ensured in the CAA that the Sikh and Hindu refugees from Afghanistan, Bangladesh, and Pakistan etc will be accepted but that doesn’t mean refugees from other religions will not be accepted. “They will be accepted on a case to case basis and it is being done. In the last few flights of evacuation not only did Afghan Hindus came to India but many Afghan Muslims also arrived”, he said.

“With the fast-evolving deteriorating security situation, India should very carefully examine every case for refugee status. Terrorists may infiltrate in the garb of refugees. India should meticulously and strictly examine case by case and then allow refugees to come ”, he added.

Earlier, we have granted refugee status to many Sri Lankans, Bangladeshis, and Tibetans. It is not that India is not granting refuge but accepting refugees only on a case to case basis. UNHCR is just an advisory body. It cannot dictate the countries whom to provide refuge and whom not to. It is only up to the countries to decide according to the political situation and expediency of the case, he stated.

He further said that granting citizenship has never been so easy for either of the government in power. But citizenship rules have not changed substantially over the year, he underlined, while adding that for anybody to come and ask for citizenship, he or she shall live here for seven years but if it is proved that the person is stateless then maybe some special consideration can be made.

Read: Afghan refugees in India tap embassies doors for asylum

In the recent weeks, in the wake of the ongoing crisis in war-torn Afghanistan, few refugees have arrived from Afghanistan, mostly members of Parliament and students and other who have prior visa given by India.

Earlier this month, the Ministry of External Affairs had said it has evacuated over 550 people, of which 260 were Indians. India was also able to bring out some Afghan nationals as well as nationals from other countries.

Among them were Sikhs and Hindus too. The MEA spokesperson had said, "Primarily, our focus will be on Indian nationals, but we'll also stand by Afghans who stood by us".

Given the current situation in Afghanistan, the government of India has introduced a new e-visa category-the e-Emergency X-Mic (Miscellaneous) visa- that will allow Afghan nationals wanting to evacuate to India, to apply online. The Ministry of External Affairs said owing to the prevailing security situation in Afghanistan and streamlining of the visa process by the introduction of the e-Emergency X-Misc visa, it has been decided that all Afghan nationals henceforth must travel to India only on e-Visa. Keeping in view some reports that certain passports of Afghan nationals have been misplaced, previously issued visas to all Afghan nationals, who are presently not in India, stand invalidated with immediate effect. Afghan nationals wishing to travel to India may apply for e-Visa at www.indianvisaonline.gov.in, MEA added.

Meanwhile, speaking to ETV Bharat, Nisar Ahmad Sherzai, an Afghan refugee and a political activist who has been taking refuge in India for more than 5 years said, “Five years ago, I ran off from Afghanistan fearing the atrocities carried out by the Taliban. Ever since, I have been requesting the UNHCR to help our Afghan refugees, following which they closed my case. Many Afghan refugees like me are facing the same problem. Even my visa has expired. Many Afghan nationals are calling and expressing concerns that they are unable to apply for the e-visa online- which has been recently introduced by the government, from the last 10 days and are stranded there. We are hopeful that the Indian government can only help us. I urge the Indian government to provide citizenship because we are living here for many years. Also, I urged the government and UNHCR to facilitate the process of providing refugee cards to apply for a long term visa in India”.

Read: Taliban can't be trusted, they will show their real face soon, say Afghan refugees

Earlier, Kiri Atri, Assistant External relations officer, UNHCR India told ETV Bharat that 15,467 Afghan refugees and asylum seekers in India have registered with UNHCR (as of July 2021). Meanwhile, the June 2021 factsheet of the UNHCR India states that 208,065 refugees reside in India currently. Of these, 95,829 Sri Lankan refugees and 73,404 Tibetan refugees are registered.

According to the UN refugees’ agency, this year more than 5,50,000 Afghans have been internally displaced as a result of conflict and insecurity.

Notably, India has given citizenship to refugees from neighbouring countries in the past. In most cases, it has given Long Term Visas (LTV) to the refugees, especially from Pakistan, Afghanistan and Bangladesh.

Last Updated : Sep 1, 2021, 10:49 AM IST
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