regimes that are
case specific and often lacks legal accountability. K.M. Parivelan
moderated this session.
One of the basic emphases of the roundtable was that there is no
international organization for internally displaced persons, no legally
binding framework on internally displaced persons other than UN Guiding
Principles. If internally displaced persons want to cross borders they
should not be discouraged. “Protection” is a legal responsibility.
UNHCR believes in “protection” mechanisms. While international
protection mechanisms should be strengthened; at the same time community
participation should be encouraged. Political commitment to resolve IDP
problem is a must. Lack of political will leaves a chasm instead of
resolving the IDP problem especially in cases of conflict-induced
displacement. In cases of conflict induced displacement the role of the
state is crucial in devising effective legislation, policy planning and
capacity building. The state should try to resolve the conflict through
negotiation with non-state entities.
The role of National Human Rights Commission in India to protect the
rights of the people has been significant especially in the case of the
Chakma refugees in Arunachal Pradesh. In 1995, the National Human Rights
Commission of India took up the case of some 65,000 Chakma refugees in
Arunachal Pradesh with the Supreme Court. In this case Supreme Court had
upheld that the state is bound to protect the life of every human being.
The safeguard of human dignity, his life and livelihood was upheld in
this case by a postcolonial state which has not signed any international
legal instruments on refugee protection.
This gesture only talks of the Indian state as having ad hoc
policies and steps as far as refugee protection is concerned.
While the definition of a “refugee” is based on “fear” of
persecution; state practice varies widely on the application of the
terms “persecution”. One of the main problematics that underlie this
kind of understanding is whether |
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the fear of
persecution is limited only to state actors or non-state actors. As an
example it was argued whether the teenage girls in Africa where genital
mutiliation is widespread would be considered as a particular social
group worthy of refugee protection.
All the three panelists argued that the society plays a very important
role in monitoring how the national and international protection regimes
are implemented. Protection
regimes have argued for “right to return” as one possible solution.
In this context, voluntary repatriation and resettlement in third
countries are suggested. The main question that continues the
international community is whether the refugees have benefited from this
kind of arrangement. The discussion ended with a note on possible ways
of local integration, burden sharing and respecting right to life as
some of the emerging themes that the protection regimes should focus on.
Discussion On
The Method and Findings of The CRG Report, “Voices of The IDPs in
South Asia” (7 December 2007)
In this discussion,
Ranabir Samaddar presented a brief outline of the IDP voices report,
background and methodology of the study. Manas Ray and Manabi Majumdar
discussed the report findings in detail. Pradip Kumar Bose moderated
this session.
Ranabir Samaddar presented a brief background of the IDP Voices Report.
Walter Kalin, a noted Swiss legal scholar and Special Representative of
the UN Secretary-General on the internally displaced persons in his
several enquiries identified the need to document the lives of
internally displaced persons in Central Asia, South and various other
areas. CRG took up the project in collaboration with other institutions
and noted researchers to document the voices of IDPs in South Asia.
Special attention was given so that qualitative and quantitative
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