Term Paper for Module A 2007
<%'---------------Eeva Puumala------------------------------------------------------------------%>Report on the Refugee Situation in Serbia / Kosovo
by Barbara
Keller
1.
Introduction
One
of the realities of life in post-war Serbia is the large number of refugees that
remain in the country as a result of ethnic persecution and the ethnic conflict
of the 90ies. Depending on the source of data, there are estimated to be between
350’000 and 600’000 refugees and internally displaced persons (IDPs) living
in camps or makeshift accommodation throughout Serbia. The refugees originate
from former Serbian enclaves like Krajina or Slavonia, or Serbs from
Bosnia-Herzegovina, while the internally displaced persons are either ethnic
Serbs or Roma from Kosovo.
Many
of the refugees and displaced people just arrived with their clothes on the back
and the adaptation to the new circumstances turned in many cases out to be
difficult (Mitchell 2005: 33). Mitchell argues that this had to do as well with
the cultural differences as with the war trauma of these refugees. In some
cases, refugee Serbs such as rural farmers from Krajina, found little in common
with the communities that they found themselves in even if there existed no
distinctive ethnical differences anymore.
According to UNHCR (Internet: UNHCR) the greatest number of refugees are housed in Belgrade, Vojvodina and in municipalities in western Serbia. In many ways the IDP are the worst off, because as they originate from within Serbia’s national boundaries in Kosovo, they do not qualify as bona fide refugees. Consequently, they received little of the meagre state or foreign aid that is available to refugees from beyond Serbia’s borders (Mitchell 2005: 35).
According
to the census of 2002, the population in Serbia consists of 63% Serbs, 17%
Albanians, 5% Montenegrins, 3.5% Hungarians, 2% Bosnians, 1.5% Romas and 10%
other nationalities.[i]
According
to the UNO Resolution 1244 Kosovo is today under UN administration as an
international protectorate. For my master paper I did research in Serbia and
Kosovo. According to information of several interviewees during my field study,
the situation in Kosovo has completely changed. In connection with Kosovo’s
endeavour to get autonomy, the living conditions for Serbs got difficult. It is
hard for them to find an employment as well as housing. While in the beginning
of the 90ies the parallel Albanian structures appeared as a rejection of the new
reality, as an answer to the suspension of Kosovo’s autonomy, the Serbian
parallel structures appeared as a rejection of the new reality by the UN’s
Resolution 1244. Serbs understand it as a merely temporary situation until
Kosovo is ready to return to Serbia (Bjelica, 2006: 178). These parallel
structures base on adverseness and strong stereotypes between the different
ethnicities, as well as fear of the other. This paper shall give a survey of the
refugee situation in Serbia and Kosovo and highlight one case in which
differences between ethnicities can be handled in a positive manner.
2.
Political and historical background
Josip Broz Tito died in the year 1980. Belgrade was the capital of Yugoslavia which started to fall apart immediately after the death of Tito. Then, the crisis became obvious. Especially the deterioration of the economic situation in the whole country reduced the standard of living which of course had a significant influence on the well-being of the population (Ploetz 1998: 1541). Feelings of nationalism became again stronger. The old ways of taking neighbours as enemies of the last time of the Second World War reappeared. Politicians emphasized all of a sudden ethnical and religious differences between Slovenians, Croats, Serbs, Macedonians and Albanians.
In
that time the future ruler of Serbia, Slobodan Miloševic could celebrate his
rise. Even if he spoke in the first years of his rule about preserving the
Socialist Federal Republic of Yugoslavia he did not accept an equal division of
power between the different states. The Republic of Yugoslavia could not be
preserved. The armed conflicts started in Slovenia and in Croatia in 1991 and
were followed by war in Bosnia and Herzegovina. In all three countries it was
the Yugoslav People’s Army which lead this war in the beginning. (Bachmann
2005: 7)Because of historical reasons[ii],
the territory of the province of Kosovo plays an important role for the
nationalistic politicans and nationalistic oriented citizens of Serbia. During
the war and under Slobodan Miloševic’s reign, the military pressure on the
Albanian majority of the population of Kosovo grew distinctively. ‘Ethnical
cleansing’ is a term which stands in direct connection with the conflict in
Yugoslavia, and a practice which was widely used in order to produce mono-ethnic
regions in the former Yugoslavia. Ethnical cleansing forced thousands of
Albanians and other minorities of the province of Kosovo to leave their house
and ground under the regime of Miloševic. Human Rights Watch reports that in
Kosovo,
the ethnic cleansing campaign by the Serbians was stepped up and within a week
of the war starting, over 300,000 Kosovo Albanians had fled into neighboring
Albania and Macedonia, with many thousands more displaced within Kosovo. By
April 1999, the United Nations was reporting that 850,000 people - the vast
majority of them Albanians - had fled their homes and took shelter as IDPs or
refugees in one of the camps or with relatives or friends. In 1999 the NATO
tried to force Miloševic
to stop his military forces in Kosovo. The NATO intervention campaign was
initially designed to destroy Yugoslav air defences and high-value military
targets. NATO's
bombing campaign lasted over ten weeks from March 24 to June 11, 1999. When the
war ended on June 11, 1999, it left Kosovo in chaos and Yugoslavia as a whole
facing an unknown future (Bachmann 2005: 18).
3.
The refugee situation in Serbia today
According
to the Global Report of UNHCR 2006, published in June 2007 (Internet: Global
Report 2006), the number of refugees in Serbia continued to decrease from
approximately 138,900 at the end of 2005 to some 98,300 at the end of 2006. The
decrease is due partially to voluntary repatriation and, to a greater extent, to
local integration in Serbia. Twenty-two collective centres, hosting
approximately 1,000 refugees and more than 550 internally displaced
persons (IDPs), were closed and the residents received housing and self-reliance
assistance. Still, according to the total size of the population of 10.5
million, the number of 206’500 IDPs in
Serbia and additional 21’000 IDPs
in Kosovo is a quite high amount of people and a big challenge for the
Serbian state.
While the IDPs during the war were mostly Albanians, the situation seven years after the end of the open conflict is different. The figures of UNHCR from summer 2007 show, that most of the internally displaced people in Serbia are ethnic Serbs originating from Kosovo. They fled the province for fear of reprisals from the ethnic Albanian population after NATO air strikes in June 1999 had ended years of oppression of the ethnic Albanian majority by the Serbian government. Also a large number of Roma, accused by the Kosovo Albanians of collaborating with the Serbs, has left their homes at the same time and sought refuge in Serbia and Montenegro. The Serbian Commissariat for Refugees and IDPs estimates 148,000 of the displaced are Serbs which corresponds to two thirds of the total amount. The remaining IDPs belong to some 30 different minorities, of which the Roma are the biggest group. The IDPs of Kosovo are also mostly Serbs who had to leave their hometown because of the strong spatial and social segregation of society in Kosovo. Today, the Serbian population in Kosovo mostly lives in the northern part of the province, socially and spatially isolated form the Albanian population which lives in the southern part of Kosovo and in the capital of Prishtina.
Summarizing
we can say that the overwhelming majority of IDPs live in Serbia, but smaller
numbers have also found refuge in Montenegro and parts of Kosovo. The
development in direction of a highly segregated society in Kosovo and the wide
spread of stereotypes, adverseness and xenophobia all over Serbia mark a step
further in the separation of communities and ethnicities and results in a
serious loss of confidence in the capacity of local authorities and the
international community to rebuild a multi-ethnic Kosovo. The refugee and IDP
situation seven years after the end of the war is strongly different compared to
the situation during the war. While during the war mostly Albanians were forced
to leave their homes due to the military pressure of the Serbs, today members of
the Serbian minority form Kosovo lives as IDPs in Serbia or the northern
(Serbian) part of Kosovo.
Despite
the rather severe situation of refugees and IDPs in Serbia/Kosovo, also a
progress can be seen. Jelena Bjelica (2006) highlights the improvements that
have been made in terms of freedom of movement and safety conditions for
minorities in Kosovo and Serbia. Improvements are initiated as well from the
official side of the Serbian government as through initiatives of international
organizations all over Serbia.
Most
of the assessments of international organizations focuses on voluntary returns
and reintegration. As key topics of national and international engagement the
following points can be listed:
-
housing
and infrastructure
-
legal
assistance
-
education
-
health
and nutrition
-
income
generation
The
protection of the rights of displaced persons and refugees in all these points
are treated with priority. This means according to Human Rights Watch (Internet:
Human Rights Watch), that specific ethnic minorities should continue to benefit
from international protection, or at least complementary forms of protection. In
view of this, different organizations as for example UNHCR but also the state
maintained their policy of facilitating returns and repatriation to Kosovo on a
strictly voluntary basis only and of creating conditions conducive to return.
According to their policy those who wish to return must have the right to do so.
But sustainable return to Kosovo cannot be considered as an option for many IDPs
or refugees. Human Rights Watch (Internet: Human Rights Watch) suggests further
that “those who wish to go home and understand fully the potential
consequences of that choice should be able to do so in safety and dignity. Those
unwilling to return to Kosovo should be provided with the possibility to
integrate in their country of exile and be provided with assistance in doing
so.” Many
displaced persons and refugees though have begun a new life elsewhere and do not
intend to return to their places of origin. Some have sold their properties.
Many live in poor housing conditions in other areas of Kosovo or in Serbia. But
much time has passed since they left their homes and most of them know that when
returning, they won’t find what they have left behind.
4.
The refugee situation in Serbia/Kosovo under the aspect of racism and xenophobia
One
strong reason for not returning back to their home towns are, as already noted
before, the somehow persisting differences and spatial and social separation
between the different ethnical groups in the latest years. As the report from
July 2007 of the European Council on Social, Health and Family Affairs Committee
has observed „ethnic divisions have by no means disappeared and systematic
exclusion of, and discrimination against, minorities continue to exist in all
parts of the country.“[i]
Also the difficult situation of refugees and IDS is strongly connected with the
rampant prejudices against the members of other ethnical groups. A normalisation
of the situation is still quite far away.
The
research of a professor from Glasgow, Claire Wallace, shows significantly, that
xenophobia as an attitude towards ‘the others’ has increased during the last
20 years in post-communist states. One theme that emerges is the reliance of
xenophobia on the emergence of right-wing political groups and in the dominant
political discourses (Wallace 1999: 3). This applies perfectly on the situation
of Serbia. The ultra-nationalist regime of Slobodan Miloševic has still
repercussions on the political situation today. The person who benefited from
the war are today still in powerful political positions, especially the security
and legal system has not yet changed much since the war ended (Hollenstein 2007:
13). Also the results of the latest votes in October 2006 confirmed this
tendency. One third of the legal votes went to the radical political party which
follows nationalistic and xenophobic politics. It is obvious that this situation
has no promotive effects on the situation of refugees and IDP. As Wallace
highlights, the current role of minorities is a product “of the dynamic
between a national minority and a nationalizing state to which the minority
might belong.” (Wallace 1999: 7)
The
following example form my field study shall serve as illustration of the
connection between the political situation and the prevalent relations between
members with different ethnical background as well as the related consequences
for refugees and IDPs.
5.
Three different ways to handle differences in the local or regional society
In
my research I recognised three different possible attitudes towards the other in
the own society. They shall be presented here in order to illuminate the
situation of the refugees and IDP in their place of migration or displacement,
where they are often perceived as ‘the others’ and the different. The
reactions when dealing with differences inside a society are various and are
influenced by several local and individual factors. Still some general
observations can be presented. (Keller 2007)
(1)
One of the possibilities can be described as the exclusion
of ‘the other’ or the different from the society controlled by the majority.
(2)
The second possibility can be described as integration
of ‘the other’ or the different in the society of admission.
(3)
But there is a third attitude towards differences and the other. This one is
regarded as more tolerant and open towards the other in the own society. In this
attitude differences are seen as cultural diversity and as a enrichment of
society. Thus differences get positive connoted and are not treated as not as a
threat to the values of the majority of society, but as an enriching factor for
a group.
The
two first possibilities refer to the same set of goals, even though the
consequences for majority and minority population are striking different. But
the aim in social processes, inclusion or exclusion of ‘the other’, is the
creation of order and security inside the society. Both ways of handling
differences lead to the reduction of differences in society; in one way through
exclusion in the other through integration. In both processes, differences in
society are seen as something unwanted and unnecessary. In consequence they are
fought with various means.
Out
of doubt, variations exist at a small scale. Which one of these three attitudes
toward the others (i.e. refugees or IDP) a local society pursues is subject of a
complex net of factors and reasons which can not be elucidated at this place.
During my field study I experienced all three different kinds of attitudes
towards differences in the local societies of Serbia.
In
the northern part of Serbia (ex. the province of Vojvodina) tendencies of
integrating differences (1) prevailed. In opposition to that exclusion (2) was
strongly visible and noticeable in Kosovo. As I already presented in chapter 1,
parallel structures are strongly developed in the local society of Kosovo. They
are a strong symbol for an excluding way of dealing with differences. Parallel
structures exist in this region comprised of the provincial executive bodies of
the authority, of health and of the entire educational system (Bjelica 2006).
The field study discloses that especially the matter of fact of a totally
segregated school system and a distinctively segregated settlement structure
seemed to emphasise the differences in society and produce a vicious circle with
no way out of it. Educational collaboration is extremely important as children
and youngsters play an important role in the overcoming of nationalistic and
xenophobic tendencies in society. In addition they will highly influence the
future of the country. The next chapter will illustrate this fact.
6.
The role of youth in a society with racist and xenophobic tendencies
In
many situations, young members of the society manage to build bridges over
differences in society. In Serbia and Kosovo this is an extremely difficult
because of the mentioned parallel structures and segregation in society. Young
people in this country (especially in the south) have in their everyday life
almost no possibilities to interact and make positive experiences with each
other.
Thus,
also the council of Europe highlights the role of youth in overcoming racism and
prejudices under different ethnical groups: The Council of Europe agrees “that
the healing and reintegration needs of children are central when developing
peace-building programmes following conflicts or periods of political
disorder” (Internet: Council of Europe). This involves family reunification,
ensuring regular monitoring of children’s physical and mental health,
guaranteeing schooling and/or vocational training, as well as psychosocial
support and community-based reintegration. Such programmes must take account of
children's best interests and aspirations, and at best be long-term. The council
of Europe emphasises the need for children from minorities and displaced
children are admitted to normal education systems and provided with special
assistance, and ban the practice of directing them automatically into so-called
special classes.
During
my three weeks field study I observed a positive example how the interaction
between young people, IDP and local youngsters, could happen in spite of the
existing segregation and aversion against the other. KIOSK NGO, a
non-governmental organisation established by artists form Belgrade, organised in
four different parts of Serbia photographic workshops with youngsters between 15
and 19 years. During 3 months they met regularly once a week in a group of
twenty people. Each of the participants received a camera and every week they
got a topic to which they took pictures of their everyday lives. These pictures
served during the weekly meetings as an initial point for the discussions of
their different realities. The pictures served as nonverbal means of
communication; even though language was used in a second step, art served as a
help to understand the different realities of young people with different
ethnical background in one city, which have almost no interaction in their
everyday lives[ii].
The aim of the organizers of this art project was to initiate communication
between youngsters and to promote art as a possibility to find solutions to
social problems. (Adamovic 2006: 2)
Summary:
Also
seven years after the end of the war in Serbia and Ex-Yugoslavia, the amount
of IDP (227’500) in whole Serbia/Kosovo and of refugees (174’000) is high
and poses a challenge to the Serbian society during the post-war
reconstruction. Most of the refugees and IDPs are ethnic Serbs form Kosovo or
form the surrounding states, which fled to Serbia during the war in search for
security. A considerable part of the refugee and IDPs are also Romas which
build a strongly discriminated minority in Serbia. The problems of these
people in their new social environment are influenced by the nationalistic and
xenophobic tendencies of the strongest political party in Serbia. Exclusion of
differences is the widespread attitude towards differences in society even
though inclusionary tendencies towards the other are visible for example in
the northern province of Vojvodina.
Young
people play an important role in promoting differences as a cultural richness.
The art project of KIOSK NGO made clear, that there exist ways of
communication in spite of the segregated and stereotyped society where the
communication is enriched by the differences between local youngsters and
young people who came as internally displaced people to the city.
Bibliography:
Adamovic,
Ana 2005: Photographic Workshop with Young People – COMMUNICATION. Belgrad,
KIOSK NGO.
Bachmann,
Olivier 2005. Ova vavilonska pometnja”. Dah Teatar, Belgrade, 1992. The role
of artists in time of political crisis. Universität Bern.
Bjelica,
Jelena 2006: Treatment of minorities.
In: Youth Initiative for Human Rights. Violent Societies in Transition.
Alternative Dialogue Kosovo-Serbia. Prishtina, YIHR.
Der
Grosse Ploetz 1998: Die Daten-Enzyklopädie
der Weltgeschichte, 32. Freiburg im Breisgau.
Hollenstein,
René 2007: Dieses Schicksal unterschreib
ich nicht. Zürich, Chronos.
Keller,
Barbara 2007: Observing Realities – Räume und ihre Bedeutung im Kunst Projekt
der KIOSK NGO mit Jugendlichen in Serbien. Universität Bern.
Mitchell,
Laurence 2005: Serbia. Bucks, Bradt.
Wallace,
Claire 1999: Xenophobia in post-communist
Europe. Glasgow, Centre for the Study of Public Policy.
Internet
Sources:
Council
of Europe. Situation
of children living in post-conflict zones in the Balkans.
Published 12 July 2007. http://assembly.coe.int/Main.asp?link=/Documents/WorkingDocs/Doc07/EDOC11353.htm
UNHCR.
Global Report 2006. Serbia. Published
in June 2007.
http://www.unhcr.org/home/PUBL/4666d2640.pdf
Human
Rights Watch. Kosovo/Serbia and
Montenegro.: Joint Statement on the Situation of Internally Displaced and
Refugee Minorities from Kosovo.
http://hrw.org/doc?t=europe&c=serbia
World
Bank.
[i]
In
these numbers, Kosovo is not included, as the last census in the province
was in 1981. The World Bank estimates the ethnical composition of Kosovo
consisting of 92% Albanians and 5.3% Serbs.
[ii] In Kosovska bitka in Serbian or Kosovu polju in Albanian the Serbia lost in 1389 a battle against the Turks. This defeat offended the Serbs and provoked a high nationalistic mystification of the province of Kosovo.
[i]
Even though we can say that the situation in the North (ex. the
province of Vojvodina) is much more relaxed than the one in the South.
[ii]
The topics were for example: happiness, past, hope, family, friendship or
otherness.
Discuss with suitable case studies, the problems associated with the interpretation of the phrase "well founded fear".
by Geetisha Dasgupta
Article
1A(2) of the Convention relating to the status of Refugees 1951
[1](the Convention) states precisely that, the term refugee shall
apply to all and sundry who "…owing
to well founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group, or political opinion, is
outside the country of his nationality…or
country of former habitual residence…".
[2]
Thus
arose the concept of well founded fear, to be later made immensely popular by
being the title of "Well-Founded Fear"—a
documentary film, shot and produced by Michael Camerini and Shari
Robertson. Aimed at making Americans more conscious about and responsive to the
world the documentary is based on real life refugee experiences inside the
asylum offices of the U.S. Immigration and Naturalisation Service (INS), where
the fate of applicants for political asylum depends on a single interview, in
which they have an opportunity to convince an asylum officer that they have a
"well-founded fear of persecution on grounds of race, religion,
nationality, membership in a particular social group, or political opinion"
if they return to their home country . Made in the last half of the '90s, the
documentary provided path breaking evidences pertaining to the total refugee
asylum scenario.
Soon
after its inception, well founded fear was sought to be more nuanced by the
practitioners of the concept. While it was generally agreed that the
"well-founded fear" requirement limits refugee status to persons who
face an actual, forward-looking risk of being persecuted (the "objective
element"), linguistic ambiguity resulted in a divergence of views regarding
whether the test also involves assessment of the state of mind of the person
seeking recognition of refugee status (the "subjective element").
Therefore, even at the very onset, the concept demanded at least two
clarifications: the subjective premise of operation and the objective. At one
point at least, one must care for the subjective feelings that the refugee
status gives birth to.
Therefore,
at the subjective level, it might not be actual persecution resulting from
factors of social seggregation that a person is afraid of, but the possibility
thereof. We could say, with due reasons, that this is more projective in nature,
and is a forward looking risk—a
risk that could materialise anytime in the future. Though there cannot be
any litmus test to ensure the fear factor, the mind of the refugee must be taken
into consideration. The subjective element concerns the state of the mind of the
applicant. Whether an applicant has a genuine fear is the question. While
the requirement of a genuine fear factor cannot be ignored, in many cases, it
does not become an issue. Many a time, the Tribunal is entitled to consider
whether an applicant objectively has a well-founded fear of persecution before
testing if the fear is present at a subjective level too.
That
assured, the concept tends to develop into a much more nuanced category that
speaks of the refugee status itself, defining the condition of being a refugee.
In the process of its evolution, it seeks to question the "safe"ness
of a particular state, i.e, whether the people (citizens or the refugees) feel
enough safe from persecution over there. Well founded fear therefore, has
matured and moved its focus from the individual refugee to the entire group
affected potentially. In fact, whether a person or a group thereof should be
given asylum, depends to a great measure upon the acknowledgement on part of the
the asylum givers, of the presence or absence of well founded fear. The latter
therefore, is a decisive category.
Let
us now look into the objective parameter of the concept. The objective parameter
essentially talks of evidences, facts that clearly point out, or at least
support the the claim of having a well-founded fear of persecution. Assessment
of the objective determinants would need a consideration of the general
information about the condition in an applicant's native country, as well as the
assessment of the applicant's own claims in the light of any material provided
in support of such claims.
The
Third Colloquium on Challenges in International Refugee Law, convened by The
Program in Refugee and Asylum Law, University
of
Michigan Law School (March 26-28, 2004) [3]
drafted a few measures that somewhat succeed in providing a guideline at
objectively distinguishing the refugee to be granted asylum. The following are
the points:
a.
In contrast to the question of whether an applicant is unable or unwilling to
avail himself or herself of the country of origin's protection, the assessment
of well-founded fear does not comprise any evaluation of an applicant's state of
mind.
b.
Most critically, the protection of the Refugee Convention is not predicated on
the existence of "fear" in the sense of trepidation. It requires
instead the demonstration of "fear" understood as a forward-looking
expectation of risk. Once fear so conceived is voiced by the act of seeking
protection, it falls to the state party assessing refugee status to determine
whether that expectation is borne out by the actual circumstances of the case.
If it is, then the applicant's fear (that is, his or her expectation) of being
persecuted should be adjudged well-founded.
c.
An understanding of "fear" as forward-looking expectation of risk is
fully justified by one of the plain meanings of the English text, and is
confirmed by dominant interpretations of the equally authoritative French
language text (" craignant avec raison "), which do not canvass
subjective trepidation. This construction avoids the enormous practical risks
inherent in attempting objectively to assess the feelings and emotions of an
applicant. It is moreover consistent with the internal structure of the
Convention, for example with the principle that refugee status ceases when the
actual risk of being persecuted comes to an end, though not on the basis of an
absence of trepidation (Art. 1(C)5-6), and with the fact that the core duty of
non-refoulement applies where there is a genuine risk of being persecuted, with
no account taken of whether a refugee stands in trepidation of that risk (Art.
33). More generally, the human rights context of the Convention requires that
protection be equally open to all on the basis of evidence of an actual and
relevant form of risk.
d.
The determination of whether an applicant's "fear" –
in the sense of forward-looking expectation of risk –
is, or is not, "well-founded" is thus purely evidentiary in nature. It
requires the state party assessing refugee status to determine whether there is
a significant risk that the applicant may be persecuted. While the mere chance
or remote possibility of being persecuted is insufficient to establish a
well-founded fear, the applicant need not show that there is a clear probability
that he or she will be persecuted.
By
now, it must be clear to us that as a concept, well-founded fear undergoes
several challenges. World wide, refugee problem is evolutionary by nature. It
develops with each new case of xenophobic harassment and counter action. Refugee
law, therefore, by all means, needs to buckle up further to meet the newer
challenges, while at the same time try and be more sensitive to ease out the
already existing problems within. The following case histories might be useful
in taking the study a little further.
I)
Immigration and Naturalization Service v. Cardoza-Fonseca ,
480 U.S. 421 (1987)
[4]
Cardoza-Fonseca
was a Nicaraguan visitor, who entered the U.S.A. in 1979. Since she overstayed
her visa, the INS began proceedings to deport her. Admitting her fault at being
in the USA illegally, she pleaded for two kinds of relief at once—asylum
and witholding of deportation. She demanded that she would be persecuted once
she returned to Nicaragua on political grounds. In the first round, Fonseca was
denied asylum and witholding of deportation as an immigration judge found her
plea not enough substantiated and held that she had not established a clear
possibility of persecution on return. The judge made a mistake in believing that
same legal standards applied to both categories of refugee treatment. The Board
of Immigration Appeals (BIA) conceded to the judicial viewpoint.
Cardoza
appealed only the denial of her claim for asylum to the Ninth Circuit. The Ninth
Circuit ruled that the BIA incorrectly applied the same standard to Cardoza's
claims for both asylum and withholding of deportation, because the statutes
giving the Attorney General authority to grant these forms of relief to aliens
were phrased differently. It held that the standard for asylum was lower than
that for withholding of deportation, and that asylum only required a showing of
a "well-founded fear" of persecution instead of a "clear
probability." The INS asked the Supreme Court to hear the case, and it
agreed.
The laws were found to prescribe that, a person is eligible for the discretionary
relief of asylum in case of being a refugee. However, by contrast, the same
person is eligible for the mandatory relief of witholding of deportation
if he/she coild demonstrate that there lies a "clear probability" of
persecution upon return to his/her native land. In this case, because of the
sheer shortcoming of judicial language, so to say, well-founded fear stood apart
from what came to be called a clear probability.
The
INS argued that it would be anomalous for there to exist a lower standard for
asylum, which affords greater benefits to an alien, than for withholding of
deportation. Asylum allows a person to become a lawful permanent resident of the
United States; withholding of deportation, by contrast, is subject to quotas
from certain countries and conditioned on deportation to a hospitable third
country not being available. But this argument overlooked the fact that asylum
is discretionary on the part of the Attorney General, while withholding of
deportation is mandatory.
Finally,
the court held that, to establish eligibility for asylum under the Immigration
and Nationality Act, an alien need only show a well-founded fear of persecution,
which is something less than a 50% probability that the alien will be persecuted
if he returns to his home country.
II)
The case of Ahmed Ressam
[5]
In
1999, Ahmed Ressam, having passed through U.S. customs in Canada, drove a rental
car filled with explosives onto a ferry from Victoria, Canada to Port Angeles,
Washington. His intent was to bomb Los Angeles International Airport.
Fortunately customs officers in Port Angeles noticed Ressam's nervous behavior
and arrested him when he attempted to flee. An Algerian by birth, Ressam had
used a fraudulently obtained, but authentic, Canadian passport to gain entry
onto the ferry and a United States Immigration and Naturalization Service
official did not detect anything suspicious because Ressam's name was not on the
passport.
While
there have been numerous steps taken to strengthen the United States' border and
immigration system, it is not outside the realm of possibilities. Ressam is not
the only terrorist to gain entry into the United States through Canada. For
example, from 1995 to 1999, 14 suspected terrorists came into the United States
through its northern border, including Gazi Ibraham Abu Merzer who attempted to
bomb the New York City subways. Weaknesses in both the U.S. border and
immigration system and the Canadian asylum system may be to blame. For instance,
Ressam was able to gain entry into Canada initially by using French passports
with a fake name, and then claimed political asylum upon entry. Ressam was then
released pending a determination of his asylum claim, and he repeatedly failed
to return to hearings after being arrested for petty crimes on four different
occasions. He was never deported or jailed. Ressam eventually obtained a
fraudulent passport from a "document vendor" in Canada, which allowed
him to travel for terrorist training and then return to Canada. To enter the
United States, Ressam used the fraudulently obtained, but real, Canadian
passport from which he removed the stamps from his trips to Afghanistan.
The
Immigration and Refugee Protection Act (IRPA),2002, Canada, among several other
provisions seeks to offer safe haven to persons with a well-founded fear of
persecution based on race, religion, nationality, political opinion or
membership in a particular social group, as well as those at risk of torture or
cruel and unusual punishment.
One
of the major changes the IRPA ushered in with regard to refugee protection is
that it expanded the classes of refugees that are eligible for refugee
protection. The main classes of refugees are: "convention refugees" or
someone with a similar claim who applies for refugee status outside of Canada
and their claim is accepted by a Canadian immigration officer; a person the
Immigration and Refugee Board ("IRB") determines to be a convention
refugee or "a person in need of protection"; or someone for whom the
Minister grants an application. A "convention refugee" is a person who
falls under the requirements of the 1951 United Nations Convention Relating to
the Status of Refugees. In Rajudeen v. Canada, the Canadian Federal Court found
persecution to be any systematic use of harassment directed against the person
seeking asylum on any of the Convention grounds, i.e. race or religion. The
Canadian courts have held that there should be no negative inference drawn with
regard to "well-founded fear" if the applicant failed to make the
claim previously in another country, or if the applicant failed to make the
refugee claim to a visa officer at the first opportunity. The applicant only has
to show that they have a subjective fear of persecution, not that they would
actually be persecuted should they return to their home country. The necessary
objective degree of fear was described by one court as "slightly more than
a mere possibility." Speaking in terms of probability, the fear would not
have to be over fifty percent, but more than one.
Thus,
while the USA offers two categories of asylum, i.e, under well-founded fear
clause and credible fear clause, the Canadian system offers only one provision
but much slackened, for which trans border passages are rendered
extra-ordinarily easy. Also, one can state, the areas where the concept of
well-founded fear has been found to be ambiguous or not much enlightening, it
has been supplemented with auxiliary measures that defined the situation.
Whichever part of the
world we look at, the language of law and justice often gives us enough leeway
to affect the guileless unfavourably, as has been cited from Kafka by Dr.
Samaddar. [6]
Indeed, as he has commented, "If fear is well founded, it must match upto
the language of law, justice and the judge…"
. Therefore, it could be surely said, what often is not understood by clear
reasoning is probably a play of power and a little bit of language.
Other
References:
a) International Refugee Law: A Reader, B.S. Chimni, Section 5.
b)http://www.centerforsocialmedia.org/resources/articles/well_founded_fear_a_case_study
c)
http://www.mrt-rrt.gov.au/docs/guidereflaw/wff_ch3.pdf
d) http://links.jstor.org/sici?sici=0011-3204(197903)20%3A1%3C95%3AHPOM%3E2.0.CO%3B2-Y
FORCED MIGRATION, RACISM, IMMIGRATION AND XENOPHOBIA
by QAISAR JAMALI
“The
power of population is so superior to the power of the earth to produce
subsistences for man that premature death must in some shape or other visit the
human race…levelling the population with the food of the world.” (Thomas
Malthus, Essay on the Principle of Population, 1789).
The Malthusian ghost has come to haunt the world again –– this time with an awful sense of irony. This was indirectly supported by Gandhi as well when he linked it with lust and greed by saying ‘Earth has the natural resources to meet the needs of human race but not its greed.’
Amid
the razzle-dazzle of the 21st century –– with all its opulence,
technical ingenuity and march towards globalisation –– the glum prediction
of the English thinker about a world breeding more people than it can feed seems
closer to reality.
Food
security has always been an issue for nations plagued by anarchy, droughts or
war.
There
are some 854 million malnourished women, men and children around the globe, and
10 million die every year for reasons associated with hungers.
I
have tried to give a new dimension to the problem of forced migration and
racism. By highlighting the importance of shortage of food and of course ever
increasing population in the world which is directly related to the issues of
IDPs and Refugees. I call it the mother of all problems because most of the
displacement and refuge takes place due to this problem which eventually leads
to the issues of racism and xenophobia.
Coming
to the four digital topic of our essay I fully endorsed the views of (Inaotomba
Thongbam) who rightly says all of them are either correlated or synonymous.
According to Inaotomba the first two relates with movement of people owing to
various factors in which racism is one of most important one. Racism induced
people to flee their original or habitual place of settlement within or across
the border thereby creating fear (xenophobia) amongst those receiving the
displaced people.
Before
going to the details of the issue it will be appropriate to define and
differentiate between the terms IDPs and Refugees. Internally displaced persons
are persons or groups of persons who have been forced or obliged to flee or to
leave their homes or places of habitual residence, in particular as a result of
or in order to avoid the effects of armed conflict, situations of generalized
violations of human rights or natural or human-made disasters, and who have not
crossed an internationally recognized State border. Whereas those IDPs who cross
the internationally recognized border and migrate to other state are called
refugees due to reasons already highlighted above.
According
to Professor Norman Myers there are at least 25 million environmental refugees
today, a total to be compared with 22 million refugees of traditional kind. They
are mainly located in Sub-Saharan Africa, Indian Sub-Continent, China, Mexico
and Central America. The total may doubled by the year 2010 as increasing
numbers of impoverished people press ever harder on over-loaded environments.
Due to global warming a
rapid growth is expected with the rise in sea-level and flooding of coastal
communities which will lead to agricultural dislocations like droughts, change
in the monsoons and rainfall systems .Which might increase the number to 200
million IDPs. Moreover, deforestation, soil erosion drought may cause major
problems. He calls them all Environmental Refugees.
The
type may be of marginal people who are driven into marginal environments. They
have been by-passed by development processes; like roads, dams and other some
development projects and also of political
reasons like the war in the neighbouring countries, a classic
example is of Afghan refugees who have been living in Pakistan for the last 30
years who had come as refugees but now they are settled here. Their settlement
has created an issue of IDPs in Pakistan as they are sharing all the facilities
and income generating activities in Pakistan. They have further created problem
of law and order.
Additional
problems related with environmental factors displacing people are population
pressures already shared in the beginning of the essay. As far as poverty
is concerned there are 1.4 billion people who are living in absolute poverty and
this number will be 1.8 billion in 2010 even though there will be a decline in
the proportion.
Rapid
urbanisation and mega cities
Between
1991 and 2010 one billion rural population is expected to migrate to mega cities
in developing countries like China, Mexico and India. This will engender greatly
increase demand for water for household use which will adversely affect the
agriculture besides many other related problems.
Trans-border
Migration due to ethnic reasons.
Besides
being potential refugees who might cross international borders most of the IDPs
living in these countries share ethnic continuities with the people of the
neighbouring countries. The Baloch people living in the province of Balochistan
in Pakistan and Seestan and Balochistan in Iran. The Pushtoons of North West
Pakistan seem to harbour an active interest in the affairs of their ethnic
cusions living in Afghanistan and Iran and vice versa. This shows the creation
of national borders could not make many of these pre-existing ethnic spaces
completely obsolescent.
One
of the major offshoots of this forced migration or internal displacement due to
globalisation and unequal distribution of resources is the rise
in human trafficking. Although this year sees the celebration of
the 200th anniversary of the legal abolition of slave trade but even
then it exist in the form of forced migration and IDPs. Trafficking in persons
is a global problem from which almost no part of the world is exempt. The key
priorities in tackling it a generally conceived in terms of prevention,
protection and prosecution, or the 3P’s. It’s a problem of internal
migration especially in South East Asia particularly into the highly segmented
sex markets. However, cross-border migration also occurs in Cambodia for labour
purposes. The factors or the root causes of human trafficking are similar to
that of forced migration like poverty; unemployment and conflict are the typical
factors which render human beings vulnerable to becoming victims of
trafficking/forced migration. It is important to recognize the general
conditions, the regional differences which prevail in those countries including
discrimination and domestic violence which render individuals or groups of
individuals particularly vulnerable.
The
UN has recognized this problem of IDPs and Refugees by setting up a law in
different international regional regimes and a commission to address this issue
of IDPs and refugees.
Refuge
Law is a relatively new branch of International law. The first major step
towards developing an international regime of protection was the 1951 Convention
that was later modified by the 1967 Protocol. From then on the 1951 convention
has formed the core of all Human Rights Law and Humanitarian Law for the
protection of refugees. But it has not set much on the IDPs. However, UN has
been successful in setting up of guiding principles to address the specific
needs of IDPs worldwide.
The
need for some mechanism for IDPs was increasingly felt in South Asia. Luckily
the formation of these guiding principles by the international community has
given us a framework within which rehabilitation and care of internally
displaced people in South Asia can be organised. Keeping that in mind it becomes
imperative for scholars working on issues of forced migration in South Asia to
consider whether South Asian states have taken the Guiding Principles into
account while organising programmes for rehabilitation and care for the
internally displaced persons (IDPs).
These
principles have set out the rights of IDPs relevant to the needs they encounter
in different stages of displacement. They are helpful in designing a national
policy or law on IDPs that is focused on the individual concerned and responsive
to the requirements of international law. Moreover, these principles have given
special attention to women by stating that expectant mothers with young children
and female hands of households need special attention. It is further highlighted
that in displacement women are the worst sufferers as they are subject to rape,
torture, degrading treatment and other gender specific violence like forced
prostitution. For this four principles specially deal with women. Many other
international mechanisms were also developed to deal with displaced women.
These
principles are so simple that they create awareness among the IDPs to know their
rights. One of the biggest contributions of these guiding principles is that
they have provided a definition to IDPs. Moreover, they have been successful in
warming the Economic and Social Council and the General Assembly at the UN. As a
result of this now an increasing number of States, UN agencies and other
organisations are applying them as a standard and relevant reference while
talking about the IDPs.
However,
it is pertinent to note that these principles do not prohibit displacement. In
both cases namely humanitarian and human rights law exceptions to the rules are
available. For example principle 7 provides a sort of roadmap for avoiding
arbitrariness. To sum up, the debate it is always better to explore all possible
alternatives and all measures must be taken to minimize the effects and duration
of displacement.
We
have discussed the definition of IDPs, Refugees and their difference plus
highlighted the possible causes of migration and displacement of people. After
throwing a light on the guiding principles and slightly touching the role of the
UN it will be worthwhile to share the possible and durable solutions to internal
displacement in the light of available solution keeping in mind the future
outlook. The issues of racism and xenophobia will be discussed along.
There
are three durable solutions to situations of displacement voluntary
repatriation, resettlement in the third country and local settlement (local
integration). The main idea behind this originally devised by UNHCR in relation
to the plight of refugees is to help the displaced to become self-sufficient,
independent from aid, and to enable forced migrants to participate fully in
economic life, either in their new home or back where they are.
For
both refugees and IDPs the most accepted solution is considered to be
repatriation, since most crises of displacement, even protracted ones, are
regarded as temporary. However, due to limited prospects of a safe
return, repatriation is a poor alternate and creates false expectations with
long, frustrating and dangerous waiting games. The authorities encourage return
as a political tool for reclaiming territories, while the IDPs seek only to
reclaim their homes and livelihoods.
When
return is possible, returnees face number of challenges due to which
Socio-Economic status and livelihood opportunities have often suffered as a
result of displacement, and new disputes between social groups have emerged.
People do not generally return to the exact life and community they left behind,
thus making return an ambiguous solution.
A
main question arising from discussion of the solution to internal displacement
is when does displacement end? As there is no formal process for recognising
that IDPs are no longer regarded as displaced.
As
peace is a precondition for the end of internal displacement. However, it does
not in itself guarantee its end (Dayton Peace Agreement). In other words
becoming ‘ordinary citizens’ with some degree of both legal and physical
safety, some land and property rights and access to a sustainable livelihood –
is the main precondition for the end of displacement.
Here
are the issue of racism and xenophobia also plays its part and become a
permanent hindrance in resettlement. To understand this problem it is better to
discuss it indetail.
The
origin of racism and xenophobia is directly related to the concept of Nation
State and Nationalism. The philosophy of nation state was the direct
contribution of the French Revolution of 1789 when the Nation State was born and
seeds of Nationalism were also sworn. With the passage of time the spirit of
Nation State, Nationalism got modified and eventually became Internationalism.
Just to trace the history of Nationalism and Nation State it is appropriate to
share few examples, the Napoleonic wars the origin of first and second world
wars all were fought on the pretext of defending the mother state and thinking
that your race is superior to others. This spirit eventually leads to racism and
xenophobia.
It
will be worthwhile to define racism. Racism can be defined as the belief that
each race has certain qualities or abilities, giving rise to the belief that
certain races are better than the others. I can also be defined as
discrimination against of hostility towards other races or groups. In short race
is a group of people or things with a common feature. Thus, racism can be
defined as a prejudice that members of one race are intrinsically superior to
members of other races. It can also be defined as discriminatory or abusive
behaviour towards members of other race.
“We
Germans can not walk second.” This was said by a German student at
Upsula University in Sweden when she was asked by her classmates why she always
walks in front of them. If this is a thinking of common man in Germany one has
to trace the reasons of this thinking which are inherited in the new German race
after the humiliation of World War-I and Hitler’s concept of Neo-Nazism. This
clearly shows that racism or ideology of Nationalism is the root cause of
construction of a nation based on the common character of a group of people.
Almost
all the modern states in the world had evolved through racism or nationalism.
The presently continued process of nation-building as being waging across the
world are based on the ideology of nationalism or racism. The emergence of
Pakistan and Bangladesh marked by the large scale displacement were products of
nationalism based on religion. The other examples of racism in Pakistan can be
the influx of Afghan people into Pakistan after the war had directly affected
the Pushtoon community. Pushtoon community facing the brunt of war or mass
exoduses. Even today when there is an ongoing operation by the US in Afghanistan
and Pakistani forces in the tribal belt of Pakistan. Similarly the Baloch facing
the same problem in Iran and Pakistan. The other examples of racism in Asia can
be Cambodia. In Cambodia there has been a strong anti-Vietnamese sentiment.
In
Indonesia there has been a lot of violence against the affluent Chinese
population who have been blamed for economic problems that have plagued the
country in recent years.
Racism
has been one of the main factors influencing force displacement as it had been
and has been witnessing in different countries around the world. With its vague
ideology of nation building based on discriminatory, suppressive or racism based
on racial origin has been the main factor enhancing displacement of people, both
within the borders of a country and across borders.
It
will be worthwhile to study the linkage between racism, human rights and
xenophobia by examining racism and ethnic conflicts as some of root causes of
the refuge crises. To find ways and means to stop the expansion of racism and
ethnic conflicts; and to examine how better protection vulnerable groups within
the states concerned might ensured. IDPs oftenly leave their country or
community of origin because of a fear of persecution that might be based on
race, ethnicity or nationality. Racism and ethnic conflicts are major causes of
forced displacement, and ethnic tensions are often exploited, deliberately
fostered and exacerbated to further political objectives.
Before
discussing the measures to curb the strength of racism and xenophobia it will be
appropriate to discuss the role of globalisation. Globalisation in its current
form expands, so too does the inequality that accompanies it. Rising inequality
can result in an increase in racial bias for scapegoating or advancing
xenophobic and isolanationist tendencies
As
Sivanandan describes it in the book “Poverty is the New Black” as the
increasing “xenophobic culture of globalisation” seen in some parts of the
world.
Racism
has always been both an instrument of discrimination and a tool of exploitation.
But it manifests itself as a cultural phenomenon, susceptible to cultural
solutions, such as multicultural education and the promotion of ethnic
identities.
Tackling
the problem of cultural inequality, however, does not by itself redress the
problem of economic inequality. Racism is conditioned by economic imperatives,
but negotiated through culture: religion, literature, art, science and the
media.
In
short globalisation for the citizens of the underdeveloped countries who try to
escape authoritarian regime are finding it difficult to get into first world
countries. The rules and policies of immigration to developed countries further
complicate the situation. From the prospective of globalisation ‘the skills
pool, not the genes pool is key’.
When
we look back to the root of conflict it is revealed that the ideology of racism
based on ethnic line had led to large scaled displacement of people. The growing
concentration of communities based on tribe and clan line is also one direct
repercussion of the ethnic clash. The increasing lack of economic opportunities,
commercialization of lifestyles, soaring prices of essential commodities and the
widening gap between the rich and the poor, people all over the world have been
grabbing every opportunities for earning livelihood.
No
doubt the dual phenomena of racism and xenophobia have become almost universal
phenomena. Racism has appeared in new form, cultural differences are
essentialised as biological difference on the supposed reality of which old
racism arose and persisted. Conflicts drawn to its extreme level produces
neo-racist difference, the sing of which is the increasing division of
population groups along supposed physical lines, segregating groups thereby in
an extreme manner. Such extreme differences become in time hereditary principles
of discrimination. Xenophobia is a related phenomenon; aggressive attitude
towards national differences produces neo-racist difference. A classic example
is partition of India and Pakistan as acted reshaping minds in xenophobia.
In
a nut shell there is no doubt that all these four words are either correlated or
synonymous so the measures taken to curb this trend should also lie in the same
basket. The development of normative framework and of effective institutional
responses at the international, regional and in country missions, and research
into various aspects of internal displacement and use of guiding principles is
recommended. The issue of systematic and specific monitoring of IDPs worldwide
by the UN systems preventive activities through contingency planning efforts to
both phenomena. For this effective system of networking is required.
Moreover,
the universal acceptance of human rights, refugee and humanitarian law and
adoption by the states of all necessary measures at the national level to ensure
the implementation of their obligations under the law. A global definition and
strategy by the UN to address racial discrimination, the explosion of ethnic
conflict and alarming proportions of ethnic violence are regular assessment of
strategy with follow-up measures is needed. Preventive diplomacy, rapid reaction
and early warning through active involvement of the HCHR as well as of the
Security Council. Finally the effective use of media to fight racism, xenophobia
and related issues is recommended.
Last but not the least everything revolves around what Gandhi has said that ‘Earth has the natural resources to meet the needs of human race but not its greed.’
Argue with the help of ethnographic studies why forced migration induced by partition is a continuing process rather than its product.
by Sanam Roohi
1.
Introduction
The
year 1947 marked the heralding of a new beginning for the two fledgling nations
of India and Pakistan (and later Bangladesh) to come to terms with their
independent existences along with the baggage of their colonial past. One such
difficult reality was the religious divide among the Muslims and Hindus of the
erstwhile British India, which when translated itself in the historical
certainty of two different states emerging from one, rendered huge number of
population as refugees. The immediate aftermath of the partition of British
India was the 15 million refugee flow across the borders; refugees who poured
across the hastily drawn borders to regions completely unfamiliar to them, which
had transformed its alien nature almost overnight and became a new homeland.
Aiming at providing solution to the problems of ethnic conflict, the partition
proved to ‘stimulate strife’ rather than ending it.[i]
But the new homeland they chose, often out of compulsion, posed an immense
humanitarian problem for the nation state. This paper seeks to understand the
question of the huge refugee flow on both sides of the Indian border, east and
west and the role of the government in tackling this alarming situation. The
paper will look at the ethnographic studies to understand the experiences of the
refugees from the then east and west Pakistan who struggled for existence and
lived through the trauma of refugee hood in India while also touching on the
issues of those rendered as refugees across the border. The paper will end with
the emergence of the minority problem and the ensuing crisis in Kashmir (that
were a direct legacy of the partition) thereby proving how forced migration
induced by partition is a continuing process rather than its product.
The
traditional Partition historiography has largely tried to look at the causes of
India’s Partition and the ‘high politics’ behind it. In contrast, the
‘new partition historiography’ aims at highlighting the experience of the
common people who had gone through it[ii]..
Historians wrote academic tomes based on archival research, explaining why and
how the politicians failed to save the unity of India. Those with a more
literary sensibility wrote books based on interviews, capturing the voices and
sentiments of those who lost homes as well as loved ones in 1947.[iii]
However, this paper shall not deal with the historiography of partition.
Joya
Chatterjee calls the partition ‘a messy long drawn affair’ which did not
tidily end with August 1947. The
product is still unfinished today.[iv]
(jstor) Forced
migration resulting from partition creates a paradoxical situation. The refugees
of partition seeking a safe haven arrives to a new ‘homeland’ often being
forced to chose it as they fearing persecution if they remain behind. The
partition of British India largely forced the muslims of India and the hindus of
Pakistan to seek a new ‘home’ in an alien region. Though largely a painful
experience of being uprooted, partition is combined with optimism and pessimism.
As Ranabir Samaddar has pointed out in “Divided countries, Separated
Cities”, it is optimistic as it is a dream of
‘sovereignty fulfilled’, yet at the same time it is a partially
fulfilled dream.[v]
The partition of British India created memories and oral narratives that
explored the tense conflict of loss and recovery and determined ‘that the
experience of
partition defying the violence and death it summoned, appealed to life as its
only refuge.’[vi]
2.
Partition of India and the question of refugees: A question of numbers
The
partition of India left both India and Pakistan overwhelmed by the large scale
violence in pockets across the subcontinent and left an unprecedented number of
people as homeless or dead as the process of partition had claimed many lives in
the ensuing riots. Many others were raped and looted. Women, were specifically
used as instruments of power by the Hindus and the Muslims. Not only was the
country divided, but so were the provinces of Punjab and Bengal; divisions which
caused catastrophic riots and claimed the lives of Hindus, Muslims and Sikhs
alike. Pakistan had to face the
separation of Bangladesh in 1971. India and Pakistan went to war twice since the
partition and are still in a deadlock over the issue of Kashmir, which still
persists today.[vii]
Individual
suffering and loss occurred on both sides of the border. There exists many
accounts of the exact number of people affected by the partition. Gyanendra
Pandey in an article talks of huge disparities in the estimate of the affected
people. He writes:
“By
the time the rape and loot and migrations were finished, two researchers have
said of the violence of 1947, "about eight to ten million people
had crossed over from Punjab and Bengal and about 5,00,000-10,00,000 had
perished."17 "Estimates of the dead vary from 200,000 (the
contemporary British figure) to two million (a later Indian
estimate)", writes another, "but that somewhere around a million
people died is now widely accepted. The former, Menon and Bhasin, choose
half-a-million to a million; the latter, Butalia, "somewhere around a
million". Other scholars do the same. Mohammad Waseem accepts a figure of
"about half a million". Wolpert settles for approximately one
million.”
Papiya
Ghosh’s seminal work, which was reproduced in Refugee Watch, issue 29.[viii]
brings out the nature of the migration and she details how by December 1951,
6,597,000 refugees had moved from India to West Pakistan, and 7,94,127 refugees
moved to what was then East Pakistan. She offers statistics of the Indian
Muslims too who headed for Pakistan during 1947-48. It is learnt that 95.9% of
the migrants from Assam, West Bengal and Bihar moved to East Pakistan and 3.2%
to Karachi. “According to the 1951 census, 66.69% of the migrants in East
Pakistan came from West Bengal, 14.50% from Bihar, 11.84% from Assam and 6.97%
from other places in India.[ix]
A passport and visa scheme was introduced only on 15 October 1952. But travel
documents were not even required until 195354, several years after India and
Pakistan became two separate countries”.
An interesting observation she makes is that several government employees
opted for Pakistan, although some changed their minds later and returned to
India. Following riots in Khulna and Calcutta in January 1964 and as a reaction,
in Jamshedpur and Rourkela in March 1964, there was a yet another spate of
migrations in both directions. The
destination of migration changed from Pakistan to Middle East, ‘which had
emerged as an alternative.’
3.
The ‘crisis’ to be solved: The Indian government’s response to the
refugees
Ranabir
Samaddar in his article ‘Power, Fear, Ethics’ has pointed out how power
structure in democracies makes groups of people as its victim, which can include
the displaced people. He terms it as a question of ‘democratic deficit’.
Since international organisations have no legal authority to enforce the state
to observe
the human rights, this democratic deficit translates into humanitarian deficit
too. Though there is a need for the universality of the ethical language of care
and justice, there is no unilinear approach on what the ethical principles and
practices should be. To develop this ethical language, there is a need for a
dialogical understanding between the giver and the recipient of this care.
Refugees formed such groups needing care. But the Government of India’s
approach towards these groups were a question of numbers – a disaster of
humanitarian nature. What was needed was a combination of comprehensive approach
which combined the rights based approach and the humanitarian approach to
rehabilitate the victims of this mass displacement. It cannot be denied,
however, that for any fledging state, this massive numbers of refugee migration
would have been a daunting task and so was it for India and Pakistan too.
In
an era when the nation-state is considered as the highest expression of any
community, the refugees ‘disrupt this tidy view of nation, narration, and
belonging’.[x]
In ‘The Marginal Nation’ Ranabir
Samaddar speaks of the how human rights abuses occur when people abandon their
homes out of a feeling of (perpetual) threat to their existence. When such
population, on the move is denied shelter and sustenance as the state’s
perspective of security human right abuses are compounded.[xi]
The Boundary Commission was set up to draw a border to separate India and
Pakistan. Instead of resolving tension by clearly separating religious
groups, the Boundary Commission may actually have contributed to the upheaval,
albeit without malicious intent. The surge in violence that began shortly before
the Radcliffe award was announced can be traced in part to rumors and
uncertainty over where the Line would fall. It is suggested that a lengthier and
more transparent boundary-making process might have averted this situation.[xii]
The
experience of Partition was markedly different in the two regions. Northern
India witnessed a tremendous and violent upheaval over a roughly three-year
period (1947–1950), characterized mainly by a disorderly population exchange
between Hindus and Sikhs coming to India and Muslims arriving in Pakistan
followed by massive rioting. Yet there existed significant government
intervention and resettlement and rehabilitation efforts, with refugee
populations often occupying the homes and businesses of their departing
counterparts. A new capital city of Chandigarh was built for the Indian province
of Punjab while the national capital New Delhi absorbed so many newcomers that
it has been described by some as a “city of refugees,” particularly of a
Punjabi refugee diaspora.[xiii]
In
Eastern India, the Partition was similarly violent, but occurred as part of a
much more gradual and recurring process, and with far less population exchange
or governmental intervention. The earlier Partition of Bengal in 1905 under the
guise of administrative reform remained a pivotal memory for many Bengalis,
especially those who had been involved in the nascent nationalist struggle and
who felt the British action was punishment for their politicization. Partition
again happened in 1947 and then in 1971, bringing with itself a saga of misery
and trauma, yet also a will to survive all odds. The issue is dealt with in the
following paragraphs.
Refugees
from the Western side of the border
Much
has been written on the question of Punjabi identity but as yet the scholars are
not agreed on whether such an identity was important in the lives of the
Punjabi-speaking people or that religion, caste, biradari (kinship lineage) or
sect played a greater role in creating networks and solidarity groups. I think
the notion of a composite Punjab in which all Punjabis shared a strong sense of
solidarity, derived from their common culture; as well as the one that religious
differences make for a permanent conflict among Punjabis are exaggerated —
each of these is an oversimplification of reality[xiv]
In
Punjab and Rajasthan, many private organisations-from ICRC to RSS provided for
immediate relief as the state could not alone handle the pressure of providing
these to the traumatised migrants from West Pakistan.[xv]
The need of the hour was not just physical and economic security but also socio
legal and psychological security. For details of the influx of refugee flow, the
camp situation and the attempt by the government to provide for Relief and
Rehabilitation / compensation one can go through Ritu Menon’s chapter on
Social Security Commitments in Ranabir Samaddar edited Refugee and the State.
Refugees
from the Eastern side of the border
Within
a month, nearly a million refugees had entered India, fleeing the military
repression in East Pakistan. By the end of May, the average daily influx into
India was over 100,000 and had reached a total of almost four million. By the
end of 1971, figures provided by the Indian government to the United Nations
indicated that this total had reached 10 million. Such an exodus of refugees
inevitably produced extraordinary problems for the host country, India. From the
beginning, the Indian government made it clear that there were no circumstances
under which it would allow the refugees to settle in India. The way was now open
for the return of the refugees. India quickly announced that all refugees who
had entered the country after 25 March 1971 would need to return to Bangladesh
by the end of February 1972, an optimistic dream. Within days of the conclusion
of hostilities, the refugees began returning home of their own accord. During
the return, refugees were given food for the journey, medical assistance, and
two weeks’ basic rations. Remarkably, by the end of February 1972, over nine
million refugees had gone back to Bangladesh. The desire to return home had
outweighed practical problems. On 25 March, the Indian government estimated that
only 60,000 refugees remained in the country.[xvi]
Joya Chatterjee has called the effort of the government to providing relief and
rehabilitation to the refugees as an instrument for the communist party to
further its campaign.[xvii]
On
28 August 1973, the governments of Bangladesh, India and Pakistan signed the New
Delhi Agreement, which included provisions for the simultaneous repatriation of
three primary groups. These comprised Pakistani prisoners of war and civilian
internees in India, all Bengalis in Pakistan, and ‘a substantial number of
non- Bengalis’ present in Bangladesh who had ‘opted for repatriation to
Pakistan’. The‘non-Bengalis’ were commonly referred to as Biharis, since a
majority of them were Indian Muslims originally from the state of Bihar in India
who had come to East Pakistan at the time of partition in 1947. The United
Nations was requested to provide assistance to facilitate the repatriation.
Given its recent involvement as the Focal Point, the Secretary-General asked
UNHCR to coordinate all activities relating to the humanitarian effort.[xviii]
Samir Das has given a detailed account of the state’s response to the refugee
crisis in the East and the measures of relief and rehabilitation by the state
government (between 1946 – 1958) who had assumed the refugee problem as a
temporary one and had to formulate a separate legal regime for these
‘displaced persons’ once it was known that most of the refugees were here to
stay. The number of refugees sent back returned to West Bengal once the violence
had lulled. But the partition of East Pakistan brought a fresh wave of refugees
seeking asylum in Bengal which crossed over from 4 million in from 1947 – 1956
to 3 million people in a span of 2 months in 1971.[xix]
However, unlike earlier, the government was successful in repatriating large
number of refugees.
The
refugees, finding themselves sharing the same kind of devastating circumstances,
came together and one such successful example was the Bijoygarh market where
community feeling gave rise to an activated network. However, the city of
Kolkata could not grapple with the refugee flow. In a survey it was found out
that app 68 percent of the hawkers in Kolkata were of east Pakistani origin.
Adversely, during ‘Operation Sunshine’ many such persons were subjected to
economic displacement, and most of them had meagre income of less than Rs. 1000.[xx]
It is just one of few examples to show how the problem and status of
refugee-hood continues to preoccupy the existential realities of those who have
long been naturalised as citizens.
4. Refugees that side of the border
Biharis
in Bangladesh
After
the holocaust of communal riots in British India at the advent of its partition
into two sovereign States, India and Pakistan (comprising two wings of
East and West Pakistan), Biharis, as they are known migrated from different
states of India, mainly from the state of Bihar (as it then was) to East
Pakistan. They abandoned their homelands in India, and migrated to the soil, now
known as Bangladesh, as their adopted land in 1947-71. Majority of them are now
the 1st, 2nd and 3rd generations of the Indian migrants. They are citizens by
birth under the Constitution and the law with distinct language and culture.
1971-War of Liberation in Bangladesh brought them to the different camps, and
they were called by a new nomenclature of "Stranded Pakistanis” on the
basis of their registration with the ICRC in 1972. Following the Simla
Agreement, India, Pakistan and Bangladesh resolved to address the issues of
their stranded citizens in Pakistan and Bangladesh under the two Delhi
Agreements signed on 28 August 1973 and 9 April 1974 respectively. The basis of
repatriation was domicile, which every person acquires either by birth or by
naturalization.and habitation in the ICRC built shelters in the false hope of
repatriation. The Government of
Bangladesh also gave them the status of Stranded Pakistanis. .[xxi]
After India’s intervention in December 1971, Pakistan evacuated Bangladesh.
Left behind, in a country that had formed around them, were over one million
Urdu-speaking Biharis. Persecuted, their property and houses seized, their jobs
terminated, by 1972 1,008,680 Biharis were interned in camps across Bangladesh.
While these ‘temporary’ camps were being constructed, officials from
Pakistan, Bangladesh and the international community committed themselves to
finding a solution. Of these three, the first agreed to repatriate the Biharis,
the second to tolerate them for the time being, and the third to support them.
The agreement is now decades old, but Islamabad accepted only a few of those it
had promised to repatriate, while Dhaka let them sink to the absolute margins of
society. The international community turned its attention to new challenges, and
the Biharis became stateless.And there, in the camps, the Biharis remain. Over
half (600,000) accepted Bangladesh’s offer of citizenship in 1974, while
539,000 registered with the International Community of the Red Cross as
refugees, to “return to their country of nationality – Pakistan”. Since
1972, Pakistan has accepted back around 175,000 Biharis. 300,000, meanwhile,
have continued to live in the camps for more than three decades. Camp conditions
are deplorable, characterised by chronic shortages of clean or running water,
undependable electricity, communal kitchens and hour-long queues for squalid
bathrooms. The majority of Biharis held university degrees in 1947; today, while
primary enrollment in Bangladesh nears 100 percent, less than 20 percent of
Bihari children are in schools. The refugees are refused admittance into most
government public schools and universities, and are prohibited from joining
civil service, the police, the military or holding political office.
Unemployment and extreme poverty are rampant, as two generations have been
denied the resources, knowledge and skills needed to improve their lives.In
2001, 10 Biharis born after 1971 successfully petitioned a court for the right
to vote. Hundreds of thousands of others, however, have been stripped of even
the most basic of human rights. Both Pakistan and Bangladesh refuse to recognise
their suffering and grant them citizenship. All but forgotten by the
international community, the Bihari wait, desperate for attention, afraid to
dream of a better future for their children.[xxii]
A
permanent solution is possible if the governments of Pakistan and Bangladesh
offer citizenship to the Biharis. Some camp residents think of themselves as
Pakistani and would like to be reunited with family members in Pakistan. This
repatriation could be funded by money already put aside by the Pakistani
government. Others, who have never been to and have no family in Pakistan, can
only imagine a life in Bangladesh. Those Biharis that are keen to establish
lives as Bangladeshi citizens sometimes see “no other way” and marry local
Bangladeshis. Others, such as 20-year-old Abdul, who survives hand to mouth as a
garment factory worker, says he would like to go to Pakistan. In any case, the
Office of the United Nations High Commissioner for Refugees (UNHCR) is not
addressing the plight of the Biharis.[xxiii]From
a report one learns that all most all Urdu-speaking population living in or
outside the camps has been enrolled as voters for the national elections to be
held in early part of 2007.[xxiv]
Pakistani
muhajirs
The
Muhajirs have no roots in Pakistan unlike the Punjabis, Sindhis, Baluchis and
Pathans. Before the creation of Pakistan religion was thought to be the most
important identity and the Hindu was seen as the oppressor. Now in Pakistan
ethnic and linguistic identities have become the most important and the majority
ethnic community, the Punjabis, are perceived as the oppressor. It is not
Muhajirs alone who have serious grievances against the Punjabis but Baluchis,
Sindhis and Pathans too. Since the early 1980’s the Muhajirs had raised the
banner of revolt against the federal Pakistani and provincial Sindhi
authorities. This had made Karachi
(where large number of such refugees settled) one of the most violent cities in
South Asia. The Muhajir Quami Mahaz (MQM) party formed as a manifestation of
this angst demands for the recognition of the Muhajirs as a separate fifth
nationality. This indicates how
Pakistan has yet to come to term with the political implications of partition
and also how religion is not the sole basis for forging a unified national
identity.[xxv]
5.
In search of a new ‘Home’: Attempts at rebuilding lives
Thousands
of state-less South Asians live across 197 ‘enclaves’ (a portion of one
state completely surrounded by the territory of another) strewn along the
northern border of Bangladesh. A product of 1947, 123 of these are Indian, while
74 belong to Bangladesh. As Atul Mishra quotes Historian Willem Van Schendel:
“In their complexity, number, political significance and social eccentricity,
they have no parallel in the world.” The proxy citizens of these enclaves
represent a trans-territorial dimension of nationalism that emerged in the
aftermath of August 1947. Although the first official movement on this issue in
years took place in May 2007, when a high-level joint mission visited a number
of the enclaves, the fact remains that both New Delhi and Dhaka have long had
incentives to positively revive cross border relations along these enclaves, but
the status quo has instead been preferred.[xxvi]
Many of these groups, for example, have developed vibrant, established,
“successful” diasporic communities in their countries of refuge; others
remain marginalized, often continuing to live for decades in camps under less
than ideal conditions and denied the rights and privileges enjoyed by their
immediate neighbours. Examining the diverse and complex experiences of
resettlement, integration, and ongoing relationships with assumed homelands is a
‘key component in understanding the makeup and mentality of refugee
diasporas.’[xxvii]
The
memories of the partition were entrenched in the minds of the refugees. In the
words of Dipesh Chakravorty ‘there are two aspects of this memory: the
sentiment of nostalgia and the sense of trauma, and their contradictory
relationship to the question of past. A traumatised memory has a narrative
structure, which works on a principle opposite to that of any historical
narrative. At the same time, however, this memory, in order to be the memory of
a trauma, has to place the event within a past that gives force to the claim of
victim.’ He unearths the nostalgia for the lost homeland, which was viewed as
sacred and patrilineal, and essentially Hindu in content. Muslims are mentioned
in the narratives; however, their traditions are not a part of the idyllic
representation of the homeland of the Bengali Hindus.[xxviii]
The homeland the refugees lost was their home alone. It was one of the
fundamental problems in the history of modern Bengali nationality that this
nationalist construction of ‘home’ was a Hindu home. It was not a home for
all Bengalis. ‘Hindu nationalism had created a sense of home that combined
sacredness with beauty. This sacred was not intolerant of the Muslim. The Muslim
Bengali had a place in it created through the idea of kingship.’ A kind of
deafness to the call of the Others was very much present in the relationship
between the two communities. This deafness is as constitutive of ethnic distance
as may be the more explicit elements of violence. In the moment of crisis, this
deafness posed a serious obstacle to hearing the voice of the other.[xxix]
6. The
minorities’ problem: A legacy of the partition
The
violence of 1947 created new subjects and subject positions. Life and conditions
in the two new nations, of the individuals families, and communities that made
them up, were remade and still are being fashioned in numerous ways by that
violence and the curious `memory-history' that exists of those times. It was not
merely the immediate problem of rehabilitation and resettlement, but also the
fashioning of longer-term policies, mentalities and prejudices, seen in wide
evidence. [xxx]
It
was also followed by a moment of contest and an intense debate about what the
character of the new nation-state should be, on who would constitute its
`natural citizens'. For, the Muslims who stayed on in India (like the Hindus who
stayed on in Pakistan) now constituted a minority problem. The abducted persons
who remained on the wrong side of the international border also constituted a
different sort of problem - they were conceived of as impurity, or theft or
both. The question posed was what their place in the new dispensations of India
and Pakistan would be. Post 1947,
Muslims were asked to demonstrate their loyalty to India. Their willingness to
"shed their blood for India" became a desperate password for
citizenship, for being Indian. While being part of a community was enough to
deny nationality to or confer it on certain others naturally; for the many
abducted women, it was in the process of their recovery and restoration that the
new nationalisation was decided. Mass upheavals of partition bear hardest on
women, who in every conflict and every partition have become a routine target
for mass rape and all manner of other brutalities. In 1947, women who were long
considered as having no religion or community or nation, came for that moment to
stand for nothing else. Represented as nothing but the possessions of their men,
their communities and their nations, many of the women and children who were
victims identified by this programme became mere pawns and had little say in the
crossfire of nationalist demands.[xxxi]
The
fifties were relatively peaceful, but by the sixties communal riots were once
again very much a part of the Indian political scene. The decade began with the
Jabalpur riots of 1961, triggered reportedly by a Hindu girl eloping with a
Muslim boy, and ended with a major conflagration in Ahmedabad, in 1969, which
bore all the familiar characteristics of the major riots that followed —
including the political assertion of the RSS/Jan Sangh. The riots of 1992-93,
following the Babri Masjid demolition almost constructed the identities of the
two communities involved in these riots as becoming more pronounced.
Sociologist Paul Brass has argued that this “production of Hindu-Muslim
communal violence”, often occurring in waves, was linked to the political
construction of ‘Hindu’ and ‘Muslim’ identities in post-Independence
India. But Partition did more than coalesce only communal identities. Its
fearsome repercussions branded the lives of the women of the subcontinent.
[xxxii]
Inherently vulnerable, they were attacked in innumerable and horrific ways —
outlined graphically in work done by feminists like Ritu Menon, Kamala Bhasin,
Urvashi Butalia and many others — because they came to define the identities
of the warring groups and represent community honour. The women became “their
respective countries” bearing on their bodies the mark of their
group/community identities. This legacy carried on, well into the
post-Independence years.
Large
scale communal violence reared it’s ugliest head in the post Godhra carnage
which saw rioting at an unprecedented scale since the partition. The most
appalling facet of this state monitored pogrom was the guiltless and
unapologetic approach of the government of Gujarat towards the minority
community in the state. The social conditions of the largest minority community
in India has been brought out by Report on Social, Economic and Educational
Status of the Muslim Community of India (November 2006) The very fact that the
Government of India thought it fit to enquire into the Muslim problem is a
testimony enough to reflect how the Muslims are being left behind. This four
hundred page report is an exceptionally candid document which details the
backwardness of the Muslims in India. The current Muslim population is over 150
million about the same as Pakistan and Bangladesh which at the time of partition
was about 50 million. At the current rate of growth in the decade of 2030s the
Muslim population would stabilise at about 320 million. Yet the presence of
Muslims was found to be only 3% in the IAS, 1.8% in the IFS and 4% in the IPS.[xxxiii]
Therefore it is not a surprise that increasingly uneducated youths of the
community are taking to fundamentalism, especially in the aftermath of 9/11.
7.
Kashmir: The unresolved dispute
'Kashmir'
was one of the great populist symbols of this new national enterprise ó a
Muslim-majority state aligning with secular India at the behest of the popular
Muslim leader of the state's people's movement, and confirming its commitment to
the new India through its participation in periodic elections. Kashmir had
become an international question as early as the end of 1947, and hence a
prestige issue for India's home affairs. The province became an important symbol
in the Indian state's self-representation as a bastion of secularism and
democracy; and, once the international dispute with Pakistan had arisen, it was
no less important to the matter of national sovereignty and integrity[xxxiv]
In
the present state of Jammu and Kashmir, there exists a steep communal divide,
compounded by the state’s discriminating responses to different group of
people. Several wave of displacements have taken place due to the conflict -
those uprooted by the partition of Jammu and Kashmir in 1947-48, and thereafter
by some territorial alterations in subsequent wars in 1965 and 1971, those who
have been forced to flee, in last couple of decades, from the Indian side of
Kashmir to the Pakistani side, those displaced due to recent India-Pakistan
border confrontation after the Kargil War and subsequently Operation Parakaram
and finally those displaced due to violence in militancy hit areas and those
displaced from one militancy infested area to a slightly lesser one.[xxxv]
The
conflict in Kashmir is the primary cause of continuing hostility between India
and Pakistan which has led to ‘institutionalising in a microcosm all the
historical irritations between the two countries.’[xxxvi]
The nuclear muscle power shown by India and then by Pakistan in 1998 and the
failed Agra Summit in 2001 are cases in point.
8.
Concluding comments
The
division of the Indian subcontinent by the British in 1947 at the moment of
their departure signified a simultaneously momentous and calamitous event. The
creation of a majority Hindu India and a bifurcated, mainly Muslim Pakistan
(with eastern and western wings) was predicated on the colonial notion of two
indigenous populations locked in eternal enmity and strife.[xxxvii]
On
reading the Module note of Module the enlightens one as to how racism and
xenophobia have become almost universal phenomena. “Racism has appeared in new
forms, cultural differences are essentialised as
biological
differences”, as in the case of Hindus and Muslims residing in the whole of
South Asia-a region marred by communal conflicts. Xenophobia is a related
phenomenon where aggressive attitude towards national and also community based
(as among the minorities of Bangladesh and India) or linguistic based (as in the
case of Muhajirs) differences produces neo-racist differences. Partition of
states produces the most concentrated violence, reshaping states, reshape minds,
and the formation of new states happens amidst mass murders, mass dislocations,
and mass displacements, as it had happened in 1947 and reoccurred in 1971.
Migrations
did not end post partition. There has been a continuity in the migration of the
80’s and 90’s with that of the 1950’s which can determine how ethnic
boundaries’ will melt or harden, (which in reality they certainly do) thus
discouraging people from migrating. Migration today is more in economic lines
and renders the phenomenon of trans-border migration a secular event. Illegal
migrant have their own notions of rights and they negotiate the meaning of
citizenship, which invariably create the notion of non-state persons. This
category emerges from the very core of the nationalist discourse of citizenship.[xxxviii]
Migration has become linked with the emergence of the ‘New Right’ with the
increase ‘fascization’ of polity of most of the nations in South Asia and
the question of national security taking precedence over human rights. These
rights cannot be guaranteed by the nation state as it is the very process by
which they are formed that leads to displacement.
The flow of population has a deep mark on the politics of care in this
country. This politics of care produces power.[xxxix]The
world of care is a game of protection, hospitality, security, citizenship and
nation-making among others.
The
whole of South Asia has to deal with the refugees and migrants as unwanted
guest. As both the destination of their migration and the state to which they
belong to, do not want them and they are left in a dilemma. This quagmire
teaches them the art of bargaining and negotiating with their status of
statelessness. Like the different kinds of community at stake in the stories and
accounts of the stories of Partition, the nation too might be seen as an
alterable, malleable construction. The violence is produced by the partition
central to an investigation of our times, ‘of our future and past politics’,
as put by Gyanendra Pandey. ‘Understanding its nuances, its moment, might help
redefine and reshape contemporary society and at the same time, effectively pose
a challenge to the attempted definition of communities as rigid, `natural,
permanent' entities, as an increasingly vociferous right-wing polity is seeking
to do’.[xl]
Ashish Nandy, while writing on the huge
loss of life and the imperviousness of the people of South Asia towards such
crime, aptly sums up that ‘South
Asia has paid heavily for not coming to grips with the violence of partition and
its long-term consequences. Not merely the pervasive culture of immunity today
but the paranoiac and psychopathic features of the national security states we
have built in the region have their roots in that cultivated forgetfulness.’
[xli]
So
the story of partition(s) is intrinsic for us to understand the politics of
South Asia today. Perhaps it may allow us to throw some new light – or
a whole new dimension to understanding and perhaps initiating a dialogue in the
region, for a less volatile and more peaceful South Asia.
Bibliography
1.
Bose, Pradip Kumar: Refugees in
West Bengal: Institutional Practices and Contested Identities. CRG. May
2000.
2.
Deschaumes, Ghislaine Glasson and Rada Ivekovic:
Divided Countries, Separated Cities: The
Modern Legacy of Partition. OUP. Delhi.2003
3.
Samaddar, Ranabir: The Marginal
Nation: Transborder Migration from Bangladesh to West Bengal. Sage. New
Delhi.1999
4.
Kaul, Suvir: The Partitions of
Memories: The Afterlife of the Division of India. Permanent Black. Delhi.
2001
5.
Tan, Tai Yong and Gyanesh Kudaisya: The
Aftermath of Partition in South Asia. Routledge. London. 2000
6.
Samaddar, Ranabir: Refugees and
the State: Practices of Asylum and Care in India. Sage. New Delhi.2003
7.
Banerjee, Paula and Others: Internal
Displacement in South Asia. Sage. Delhi. 2005
8.
Dilemmas of Diaspora: Partition, Refugees, and the Politics of “Home”
Pablo Bose
9.
Pandey,Gyanendra: ‘India and Pakistan,1947-2002’. Economic and
Political Weekly, March 16, 2002
10.
Ghosh,
Papiya: Who Went Where and how Are They Doing? Pakistani and Indians Outside
South Asia. Refugee Watch, issue 29
11.
Jamwal,Anuradha
Bhasin: ‘Homeless and Divided in Jammu and Kashmir’Refugee Watch Issue No.
23, December 2004
12.
Chakrabarty,
Dipesh, “Remembered Villages: Representation of Hindu-Bengali Memories in the
Aftermath of the Partition”, Economic and Political Weekly, vol.31, no.32,
August 10,1996
13.
K.
Z. Islam in Sixty Years of Partition: Celebration or Lamentation, The Daily
Star, 17 August 2007
14.
Partition
Studies posted by Tridib Santapa Kundu (bengalpartitionstudies.blogspot.com)
15.
Bagchi,
Jasodhara and Dasgupta, Subharanjan (ed), The Trauma and the Triumph: Gender and
Partition in Eastern India, Stree, Kolkata,2003
16.
Pablo Bose in ‘Dilemmas of Diaspora: Partition, Refugees, and the
Politics of “Home”’
17.
Lucy Chester in ‘Drawing the Indo Pak Border.’ (http://www.unc.edu/depts/diplomat/archives_roll/2002_01-03/chester_partition/chester_partition.html)
18.
Pamela Philipose in ‘60 years of remembering’ (posted Online) The
India Express August 13, 2007
19.
Ashis Nandy in ‘Freedom Came With A Price’ 16 Aug 2007, Times of
India
20.
http://www.unhcr.org/publ/PUBL/3ebf9bab0.pdf
21.
M. I. Farooqui in Biharis in
Bangladesh and the Statelessness
(dev.justiceinitiative.org/db/resource2/fs/?file_id=17067)
22.
Kabita Parajuli in ‘They are another souvenir of Partition, the Biharis
– or stranded Pakistanis – of Bangladesh’. Aug 2006?????
23.
http://www.refugeesinternational.org/content/article/detail/4666/
24.
Atul
Mishra: ‘Nations out of fantasy Modern Southasia’s ‘cartographic
anxiety’ is traceable directly to colonial-era machinations. It is time for
the region’s people to make their own decisions about how to define their
territories.’ Himal Mag, August 2007
Gyanendra Pandey: Remembering Partition: Violence, Natonalism and History in India Contemporary South Asia Series, 7; Cambridge University Press, Cambridge, U.K., 2001
[i]
Radha Kumar in Deschaumes, Ghislaine Glasson and Rada Ivekovic ed: Divided
Countries, Separated Cities: The Modern Legacy of Partition. OUP.
Delhi.2003
[ii]
Partition
Studies posted by Tridib Santapa Kundu (bengalpartitionstudies.blogspot.com)
[iii]
Ram Chandra Guha in ‘Other travails - Telling the story of the most
neglected victims of Partition’, The Telegraph, 18 August, 2007
[iv]
Joya Chatterjee
[v]
Ranabir Samaddar in Deschaumes, Ghislaine Glasson and Rada Ivekovic ed: Divided
Countries, Separated Cities: The Modern Legacy of Partition. OUP.
Delhi.200
[vi]
Subharanjan Dasgupta in Bagchi, Jasodhara and Dasgupta, Subharanjan (ed), The
Trauma and the Triumph: Gender and Partition in Eastern India, Stree,
Kolkata,2003
[viii]
Papiya Ghosh in ‘Who Went Where and how Are They Doing? Pakistani and
Indians Outside South Asia.’ Refugee Watch, issue 29
[ix]
Enclosure with American Consul, Dhaka to Department of State, 5 June 1959:
Memorandum "Refugees in East Pakistan', prepared by Shams ul Alam Khan,
a local employee in the Economic Section.
[x]
Pablo Bose in ‘Dilemmas of Diaspora: Partition, Refugees, and the Politics
of “Home”’
[xi]
Ranabir Samaddar in The Marginal
Nation: Transborder Migration from Bangladesh to West Bengal. Sage. New
Delhi.1999
[xii]
Lucy Chester in ‘Drawing the Indo Pak Border.’
(http://www.unc.edu/depts/diplomat/archives_roll/2002_01-03/chester_partition/chester_partition.html)
[xiii]
Pablo Bose in ‘Dilemmas of Diaspora: Partition, Refugees, and the Politics
of “Home”’
[xiv]
Ishtiaq Ahmed in ‘Punjabi
identities before the Punjab’s partition’ —Daily Times, 17 November
2007
[xv]
Ritu Menon in Samaddar, Ranabir ed: Refugees and the State: Practices of
Asylum and Care in India. Sage. New Delhi.2003
[xvii]
Joya Chatterjee in Kaul, Suvir ed: The
Partitions of Memories: The Afterlife of the Division of India.
Permanent Black. Delhi. 2001
[xix]
Sandip Bondyopadhyay in Pradip Bose ed: Refugees
in West Bengal: Institutional Practices and Contested Identities. CRG.
May 2000
[xx]
Samir Das in Pradip Bose ed: Refugees in West Bengal: Institutional
Practices and Contested Identities. CRG. May 2000
[xxi]
M. I. Farooqui in Biharis in
Bangladesh and the Statelessness
(dev.justiceinitiative.org/db/resource2/fs/?file_id=17067)
[xxii]
Kabita Parajuli in ‘They are another souvenir of Partition, the Biharis
– or stranded Pakistanis – of Bangladesh’. Aug 2006?????
[xxiv]
M. I. Farooqui in Biharis in
‘Bangladesh and the Statelessness’
(dev.justiceinitiative.org/db/resource2/fs/?file_id=17067)
[xxv]
Chapter 9 in Tan, Tai Yong and Gyanesh Kudaisya ed: The
Aftermath of Partition in South Asia. Routledge. London. 2000
[xxvi]
Atul Mishra in ‘Nations out of fantasy Modern Southasia’s
‘cartographic anxiety’ is traceable directly to colonial-era
machinations. It is time for the region’s people to make their own
decisions about how to define their territories.’ Himal Mag, August 2007
[xxvii]
Pablo Bose in ‘Dilemmas of Diaspora: Partition, Refugees, and the Politics
of “Home”’
[xxviii]
Dipesh Chakrabarty in “Remembered Villages: Representation of
Hindu-Bengali Memories in the Aftermath of the Partition”, Economic and
Political Weekly, vol.31, no.32, August 10,1996
[xxix]
‘Partition
Studies’ posted by Tridib Santapa Kundu (bengalpartitionstudies.blogspot.com)
[xxx]
Gyanendra Pandey in Remembering
Partition: Violence, Natonalism and History in India
Contemporary South Asia Series, 7; Cambridge University Press,
Cambridge, U.K., 2001
[xxxi]
Ibid
[xxxii]
Pamela Philipose in ‘60 years of remembering’ (posted Online) The India
Express August 13, 2007
[xxxiii]
K. Z. Islam in Sixty Years of Partition: Celebration or Lamentation, The
Daily Star, 17 August 2007
[xxxiv]
Gyanendra Pandey in ‘India and Pakistan,1947-2002’. Economic and
Political Weekly, March 16, 2002
[xxxv]
Anuradha Bhasin Jamwal in ‘Homeless and Divided in Jammu and Kashmir’,
Refugee Watch Issue No. 23, December 2004
[xxxvi]
Chapter 9 in Tan, Tai Yong and Gyanesh Kudaisya ed:
The Aftermath of Partition in South Asia. Routledge. London. 2000
[xxxvii]
Pablo Bose in ‘Dilemmas of Diaspora: Partition, Refugees, and the Politics
of “Home””
[xxxviii]
Ranabir Samaddar in The Marginal
Nation: Transborder Migration from Bangladesh to West Bengal. Sage. New
Delhi.1999
[xxxix]
Ranabir Samaddar in the Introduction: Refugees
and the State: Practices of Asylum and Care in India. Sage. New
Delhi.2003
[xl]
Gyanendra Pandey in ‘India and Pakistan, 1947-2002’. Economic and
Political Weekly, March 16, 2002
[xli] Ashis Nandy in ‘Freedom Came With A Price’ 16 Aug 2007, Times of India