qwertyuiopasdfghjklzxcvbnmqwe

rtyuiopasdfghjklzxcvbnmqwertyui
opasdfghjklzxcvbnmqwertyuiopa
sdfghjklzxcvbnmqwertyuiopasdfg
hjklzxcvbnmqwertyuiopasdfghjklz
xcvbnmqwertyuiopasdfghjklzxcvb
nmqwertyuiopasdfghjklzxcvbnmq
wertyuiopasdfghjklzxcvbnmqwert
yuiopasdfghjklzxcvbnmqwertyuio
pasdfghjklzxcvbnmqwertyuiopas
dfghjklzxcvbnmqwertyuiopasdfgh
jklzxcvbnmqwertyuiopasdfghjklzx
cvbnmqwertyuiopasdfghjklzxcvb
nmqwertyuiopasdfghjklzxcvbnmq
wertyuiopasdfghjklzxcvbnmqwert
yuiopasdfghjklzxcvbnmrtyuiopas
dfghjklzxcvbnmqwertyuiopasdfgh
jklzxcvbnmqwertyuiopasdfghjklzx
cvbnmqwertyuiopasdfghjklzxcvb
About Refugee and the Legal Status of Refugee
Collected by BdLawSource.com
2
www.bdlawsource.com
List of Abbreviations
AALCC- Asian-African Legal Consulate Committee.
BIA- Board of Immigration Appeals
CABA- Cuban American Bar Association
CCRC- Committee for Citizenship Rights for the Chamas
C!"- Chittagong !ill "racs
CIA- Central Intelligence Agency
C#A- Comprehensi$e #lan of Action
CRC- Con$ention on the Rights of the Child
%!A- %epartment of !umanitarian Affairs
SA!R%C- South Asian !uman Rights %ocumentation Center
&C!A- &'ecuti$e Committee of !umanitarian Affiance
&C(S(C- &conomic and Social Council of )nited *ations
&#RS- &mergency preparedness and Response Section
&+Com- &'ecuti$e Committee of )*!CR
!#,- !umanity protection ,orum
ICA- International Coffee Agreement
(C!A- (ffice for the Coordination of !umanitarian Affairs
ICARA- International conference on Assistance to Refugees Africa
IC&-- Intergo$ernmental Committee for &uropean -igration
ICS- International Court of .ustice
IC)A- International Council of /oluntary Ageneses
ILA- International Law Association
LIC- Low-intensity Committee
(A)- (rganization of African )nity
(RC- (pen Relief Center
#ARI*AC- #artnership in Action
)%!R- )ni$ersal %eclaration of !uman Rights
)*0A- )nited *ations 0eneral Assembly
)*RRA- )nited *ations Relief and Rehabilitation Agency
)*/- )nited *ations /olunteers
-(A- -emorandum of Agreement
I*A- Immigration and *ationality Act
*!RC- *ational !uman Rights Commission
#C.SS-#arbottiya Chattogran .anashangati Samiti
)SCR- )nited States Committee for Refugee
www.bdlawsource.com
3
www.bdlawsource.com
Contents
Page No.
Letter of "ransmittal II
Acnowledgement III
Students %eclaration I/
List of Abbre$iations /-/I
Body of the Research #aper
Chapter One 1-2
3ho is a Refugee4
%ifferent definitions
"he 1561 Con$ention %efinition
"he 1578 #rotocol
"he (A) con$ention and the cartagena declaration
Stateless persons
Are well all refugee
&arly definitions
Chapter Two 6-9
Rights and duties of Refugee
i. Life world of Refugees
ii. Rights of Refugees
iii. ,uture of the Refugees Rights regime
i$. %uties of Refugees
Chapter Three 5-1:
Causes of Refugees flows and the law of state responsibility
i. Causes of Refugees flows
ii. Law of State Responsibility
Chapter Four 11-1;
i. %urable solutions
ii. Local integration
iii. /oluntary repatriation < Legal ,rame 3or
Chapter Five 1=-12
Legal Condition of Refugees in India
i. "he story of partition Refugees
ii. "ibetan Refugees in India
iii. Refugees from Bangladesh in India
www.bdlawsource.com
4
www.bdlawsource.com
Chapter Six 16-19
Bangladesh and Refugees issue
i. Burmu Refugees in Bangladesh
ii. Biharis Refugees in Bangladesh
Chapter Seven 15-=9
)*!CR
i. #redecessors
ii. )*!CR< Structure> mandate and ,unctions
iii. )*!CR and *0(s
i$. Scope of #rogram
$. Style of (peration
$i. Source of ,unds
$ii. Refugees and the Role of ICRC
$iii. Con$ention Relating to the Status of Refugees 1561
i'. "he !uman Rights of Refugee ?Summary@
Conlusion
Seletive !ibliograph"
Reo##endation
www.bdlawsource.com
5
www.bdlawsource.com
Chapter One
$ho is a Refugee%
"he definition of a ARefugeesB in international law is of critical importance for it can
mean the difference between life and the death for an indi$idual seeing asylum.
%efinitions in international law it may be noted> depart from the ordinary meaning of
the word ARefugeesB. In e$eryday speech the word ARefugeesB is used to describe a
person who is forced to flee his or her home for any reason for which the indi$idual is
not responsi$e> he it persecution> public disorder> ci$il war> famine>. earth Cuae or
en$ironmental degradation.
1
&ifferent &efinitions
Se$eral attempts to define the term ARefugeesB ha$e been made in the course of the
twentieth century. "he definition contained in different international instruments
during the period of the league of nations is the subDect of reading I.A.
It pro$ides the historical bacdrop against which contemporary definitions need to be
considered. "hese include the definitions contained in the 1561 con$ention on the
status of Refugees ?hereafter the 1561 con$ention@> the 1575 (A) con$ention
0o$erning the specific aspects of Refugees problems in Africa ?hereafter the (A)
con$ention@ and the caratagena %eclaration on Refugees 1592 ?hereafter the
cartagena declaration@.
;
The '()' Convention &efinition
"he most widely accepted definition of a ARefugeesB is that continued in the 1561
con$ention
=
. "he mandate of the con$ention intends to any person who as a result of
e$ents occurring before 1 .anuary 1561 and owing to well-forded fear of being
persecuted for reasons of race> religion> nationality> membership of a particular social
group or political opinion> is out side the country for his nationality and is unreels or
owing to such fear> is unwilling to a$ail himself of the protection of that country> or
who> not ha$ing a nationality and being outside the country of this former habitual
residence as a result of such e$ents> is unable or owing to such fear> is unwilling to
return to it
2
.
1
Global refugees movements and strategies of response- M. Kritz
2
mmigration and !efugees police" Global and #omestic issues.
3
$%e &enigno '(ino )ecture in *uman !ig%t- !efugees and *uman !ig%ts-Gu+ Goodwin ,Gill.
4
$%e convention !efugees definition -ames ..*at% wa+.
www.bdlawsource.com
/
www.bdlawsource.com
The '(*+ protool
"he ey feature of the protocol of =1 .anuary 1578 relating to the status of Refugees
?hereafter the 1578 protocol@ was that it remo$ed the temporal and geographical
limitations contained in the 1561 con$ention.
6
!ow e$er> as reading iii. A points out>
there was no attempt to reconsider the definition of term ARefugeesB. "his meant that
most third world Refugees continued to remain de factor included> as their flight is
freCuently prompted by natural disaster> war> or political and economic turmoil rather
than by persecution> at least as that term is under stood in the western content.
The OA, onvention and the artagena delaration
At the regional different definitions of ARefugeesB ha$e been adopted> namely> the
(A) con$ention and the cartagena declaration. Reading I/.A e'amines the conditions
under which the different definitions were adopted in Africa and Latin America and
their silent features.
Stateless persons
ARefugeesB are to be distinguished from the stateless persons. 3hether or not this
diction stands to reason. 3hile the 1561 con$ention addresses the problem of
Refugees alone> the international legal rights of stateless person are addressed in the
con$ention relating to the status of stateEless persons> 1562> which came into force
in 157:. It defines a Astate less personB as a Aperson who is not considered as a
national by any state under the operation of its law.B
Are we all Refugee%
"he final reading of chapter one is included to encourage reflection on the AStriing
Similarities between the uni$ersal condition and the plight of Refugees. It is perhaps
important to emphasize that 3arner is not Cuestioning the usefulness of the legal
category of Refugees but merely pointing towards certain parallels between the
Refugees condition and the e'istential condition of humanind.
-arl" &efinitions
Analysis of the international Refugees accords entered into between 15;: and 156:
re$eals three distinct approaches to Refugees definition. &ach of these perspecti$es-
.udicial> Social and the indi$idualist- was dominant during a part of the initial
decades of Refugees law.
5
$%e )aw of !efugees status- &uffer 0ort%1s.
www.bdlawsource.com
2
www.bdlawsource.com
'. The .udiial Perspetive
,rom 15;: until 15=6> Refugees were defined in largely Duridical terms> which meant
that they were treated as Refugees because of their membership in a group of
persons effecti$ely depri$ed of the formal protection of the go$ernment of its state of
origin.
/. The soial perspetive
In contrast to the initial .udicial focus> the Refugees agreements adopted between
15=6 and 15=5 embodied a social approach to Refugees definition. Refugees defined
from the social perspecti$e are the helpless casualties of broadly based social or
political occurrences which separate them from their home society.
0. The 1ndividualist prospetive
"he third phase of international refugee protection> comprising the accords of the
15=9-156: era was re$olutionary in its resection of group determination of refugee
status. A refugee by indi$idualist standards is a person in search of an enrage from
prescribed in Dustice of functional incompatibility with her home state.
Chapter Two
Rights and &uties of Refugee
www.bdlawsource.com
3
www.bdlawsource.com
"he 1561 con$ention details the ci$ic and socio-economic rights of refugee which
must be respected. In addition> there are the regional and uni$ersal human rights
instruments which read in conDunction with the refugee specific human regime> ASet a
wide-ranging> if perhaps not fully adeCuate or integratedB measure of respect for the
basic dignity of refugee.
i. Life world of Refuges2
F"he $iew thatG a refugee is a person whose social world has been disturbed H can
contribute to our understanding in at least two ways. It offers a meaningful
classification of refugee on a continue that runs from total destruction of the
refugeeBs social world to its persistence e$en as he or she mo$es. At one entree
there are refugees whose social world almost collared in flight> who lost relati$es and
li$elihood. Such were the sur$i$ors of 3azi concentration camps> who had no one left
in the world and no home to return to. "hen there are those refugees whose social
world became more circumscribed as a result of flight> but were able to maintain
some lins or establish new ones. -ost Afghan and &thiopian refugees might fall into
this category. At the after entree are refugee who maintained or Cuicly established
full fledged networs in a new en$ironment.
7
ii. Rights of Refugee
"he problem related to the detention of refugees and asylum seeers was e'amined
by a woring group con$ened in ,lorence in .une 1592 by the international institute
of !umanitarian law and held under the auspices of the office of the )nited *ations
!igh Commissioner for refugees. "he report of the woring group was noted with
appro$al by the participation law which was held by the institute in San Remo from
September 18-;:> 1592. "he Round taste commended the following obser$ations
and conclusions for the consideration of 0o$ernments and international organizations
<
'. "he automatic or indiscriminate detention by state> without $alid
reasons> of refugees and asylum-seeers who are under the I
Durisdiction is a fundamental $ariance with the nation of protection.
/. &ntry in research of refugee on account of persecution> armed conflict
or other e$ent seriously disturbing public order does not constitute an
unlawful act.
/
-ournal 4f !efugee 5tadies67ol.3 1889:;pp.189;18/-83:
www.bdlawsource.com
8
www.bdlawsource.com
0. In the case of indi$idual asylum-sacers a reasonable initial period of
depri$ation of liberty may be una$oidable to establish identify and
bonefide nature of the asylum claim.
3. 3here Dustified> they should be granted pro$isional liberty on suitable
conditions.
). "he obser$ations in paragraphs = and 2 do not affect the Cuestion of
detention in cases of arrest in general criminal proceedings or
administrati$e detention.
*. In situations of large-scale inform restrictions on freedom of
mo$ement might also he una$oidable> but should similarly be strictly
limited to the reCuirements of the circumstances.
+. In order to ensure that they are not imposed to unDustified measures
of detention> it is essential that refugees be identified as such.
4. -easures of detention should not be applied in a manner which
$iolates the principle of non-discrimination.
(. Refugees and asylum-seeers should ne$er be used as a buffer in
cases of armed conflict or confined to areas where their physical safety
is threatened.
'5. Should pro$ide suitable opportunities for wor and education> as well
as conditions which respect their religious and cultural identify and
personal dignity.
''. "hey should also permit )*!CR to super$ise the well-being and
protection of the inhabitants of refugees camps.
'/. International solidarity and cooperation are of paramount importance
in refugees situation.
iii. Future of the Refugee Rights regi#e 2
"he following of international human rights law since the drafting of the refugees
con$ention> so that two o$erlapping yet distinct right regimes now consist> raises
important a$iations concerning the relation between refugee rights and human
rights> and the future role of a refugees-specific rights regime. A reasonable point of
department in the e'amination of the relation between international human rights is
a re$iew of the purpose and historical conte't of the 1561 refugees con$ention.
www.bdlawsource.com
19
www.bdlawsource.com
iv. &uties of Refugee
-uch has been written on the rights of refugeesI less so on their duties. And yet>
refugees are no different from other indi$idual. "hey must conform to the lacs and
regulations of the country in which they find themsel$es
8
. "he mention arises.
howe$er> whether refugees ha$e any duties o$er and abo$e such general obligations
and what conflicts> if any> may e'ist with respect to their fundamental rights
9
.
Chapter Three
Causes of Refugee Flows and The law of State Responsibilit"
i. Causes of Refuge Flows2
"ill recently> the issue of causes of refugees flows recei$ed little attention> although
the matter was discussed in the special political committee 5S#C@ of the )nited
2
<n#oc.'=conf.2=8/
3
G'4!; >ift% session; supplement ?o.2
www.bdlawsource.com
11
www.bdlawsource.com
nations 0eneral Assembly ?)*0A@ in the 159:=. An important reason for this was the
political paralysis of the bipolar world
5
.
In the recei$ing countries of the west> anyone arri$ing from the So$iet )nion or one
of its allies was automatically granted some forms of asylumI no defiled scrutiny of
their reasons for lea$ing was felt necessary. In the third world to> it was almost
impossible to address the causes of flight if the source country could well on the
protection of one of the superpowers and almost all could to some degree
1:
.
It is symptomatic that the 1561 con$ention did not contain any specific reference to
the responsibilities of the country of origin. !owe$er> with the end of the cold war>
western states ha$e arri$ed that pre$ention is preferable to cure thronging the
spotlight on the conditions and e$ents that force people to flee4
ii. Law of State Responsibilit" 2
"he international law of state responsibility is concerned with the incidence and
conseCuences of illegal acts and particulars the payment of compensation for large
caused.
11
In reading
1;
ii. A Beanie introduces the subDect of state responsibility for displaced
populations ?used as a generic reference to refugees and persons displaced of the
state of physical origin
1=
. "he subDect of damages for the e'planation of foreign
nationals remaindering contro$ersial> and there are few precedents concerning
refugees
12
. Although the principle of compensating the $ictims of $iolations of human
rights has much to commend it> introducing a financial substitute for state and
community obligations riss lending respectability to ethnic> religious and ideological
cleansing
16
.
8
$%e <?G'; on t%e !ecommendation of t%e 6<? #4.-'=35=532:
19
5ee refugees" #+namics of placement 6ced &oo@s; )ondon 183/:
11
ibid; A.232
12
Arinciple of $%e Aublic nternational lawBlan &rown lie
13
Gu+s. Good 0in-Gill; $%e !efugees in international law
14
ibid
15
ibid-p-2/8
www.bdlawsource.com
12
www.bdlawsource.com
Chapter Four
&urable Solutions
'. &urable Solution 2
"he meaning of the word AsolutionB has rarely been e'plored in refugeeBs studies
literature. Jet> as doles writes<
Curiously> e$eryone refugees to solution as an accepted term of art in the approach
to the refugees problems> but no one has considered in any depth the inadeCuate
www.bdlawsource.com
13
www.bdlawsource.com
treatment of solution has unfortunate> as solution is a motion fundamental to the
formation of an approach to the refugee problem> and any misunderstanding where
this concept is concerned is ine$itably at the e'pense of the Cuality of the approach
to the problem.
ii. Loal integration 2
Lie resettlement the solution of local integration is not $iewed as a $isible solution
today. ,or as lecher e'plains
17
.
-ost first asylum countries are $ery poor and unstable. A sudden influ' of refugees
can disrupt a fragile economy> e'acerbate unemployment and heighten ethnic
fle'ions.
"herefore it is not surprising that the idea of integration has recei$ed little theoretical
attention. In Reading ii. A Kutilman> among the few to ha$e written on the subDect>
offers a definition of the form integration4
iii. 6oluntar" Repatriation 2
"he solution of $oluntary repatriation also raises a lost of legal and policy issues.
3hat is the meaning to be assigned to the word A$oluntaryB4 !ow is the $oluntary
nature of repatriation to be as certained4 -ust it reflect the e'ercise of an indi$idual
will4 (r can it be a part of a collecti$e decision taen by a group of refugees to
return4 3hat ind of information of the country of origin must be refugees ha$e
access to if they are to mae rational decisions4 3hat are the minimum human
rights standards that must be in the country of origin4 etc
18
.
Chapter Five
Legal Condition of Refugees in 1ndia
i. The Stor" of Partition Refugees 2
1/
)oesc%er; &e+ond c%arit+65ee >ootnote 5 earlier:;pp.143-148.
12
&.5 c%iming; C7oluntar+ !epatriation" ' .ritical note Binternational -ournal of !efugees
law6vol.3.1881:.pp541-4/
www.bdlawsource.com
14
www.bdlawsource.com
"he story of refugees in independent India must being with the partition of the
country in 15;L8. "his is for two reasons first> the human dimension of partition>
which saw the displacement of millions of people has not recei$ed sufficient attention
from historians who ha$e confided themsel$es to an analysis of it causes
19
. Second>
in the ordinary consciousness the story of partition refugees has come to be
restarted from that of refugeeBs flows to free India. 3hile the two stories ha$e
different traDectories and endings> the two e'periences are united by the enormous
sufferings they record. Recalling and reli$ing the often side of silence< /oices from
the partition of India ?/iing penguin India> *ew> %elhi> 1559@ the traumatic pass
age of partition refugees helps empathies with the problems of refugees populations
present in India today who unlie the partition refugees ha$e lost not only their
homes but also been uprooted from their nationhood and culture
15
.
ii. Tibetan Refugees in 1ndia 2
Chimni re$i$als IndianBs record with respect to "ibetan refugees and the rights
intended to them. In comparison with other refugees groups in the country "ibetan
refugees ha$e recei$ed for better treatment.
;:
Readers may Cuery as to what accents
for this differential treatment4 enact be e'plained by the fact that in the case of the
"ibetan refugees the possibility of repartition was non-e'istent from the $ery
beginning4 But then how does one e'plain the relati$ely better treatment of the Sri
Lanan "amil refugees when compared to the resources of the state in which the
Chama refugees from Bangladesh4 Can in this case the differential treatment be
accounted for by the e'istence or absence of ethnic ties4 %o refugees are located
mae a difference4 ,or e'ample> "ipura where the camps of the now repatriated
Chama refugees were located is among the poorest regions in the country. 3as that
a reason for the refugees recei$ing as we shall see presently> less than human
treatment4 Should then the control go$ernment ha$e the responsibility for looing
after the welfare of refugees4 -ore generally> is there a need to formulate and
pursue a uniform policy towards different refugees groups4 It so what should be the
core elements of the policy4
iii. Refugees fro# !angladesh in 1ndia 2
13
's one observer notes" $%e partition; related massacres and migrations
18
*uman rig%ts news letter 67ol. 1.3 ?o. 2 -ul+ 188/:
29
$%e protection of *uman !ig%ts 'ct; 18883
www.bdlawsource.com
15
www.bdlawsource.com
%escribes the two maDor refugeeBs flows from Bangladesh< "he 1: million refugees
who sought refugees in India in 1581 and the Chama refugees who later fled
persecution in the Chittagong hill tracts and who repatriated in 1559.
3hite IndianBs response to the mass influ' in 1581 is a mater of pride the treatment
of Chama refugees left much to he desired< ,ood medical and education facilities in
the camps were inadeCuate. "he sorry state of affairs was confirmed by the national
human rights commission ?*!RC@ in -ay 1557 when it sent an in$estigation team to
tripura to report on the conditions in the camps
;1
.
Chapter Six
!angladesh and the Refugee issue
"o a Bangladesh national> the refugeeBs situation is unit familiar. "he people of
Bangladesh had been subDect to genocide and crimes against humanity in 1581 by
the #aistanBs military Dunta. Around 1: million Bangladeshi nationals had lea$e for
India to escape from the murderers of #aistan army. -any of the Bangladeshi
nationals became refugees in India for a nine-month period till Bangladesh emerged
as independent country in 17 %ecember 1581.
Bangladesh had accepted the refugees because of humanitarian concern.
Bangladeshi is a responsible member of the )* and is conscious of its role in the
promotion of and respect for human rights. Bangladesh is committed to undertae
humanitarian aid to the refugees when e$er is necessary. -any local non-
0o$ernmental organizations ha$e been engaged in ad$ancing the cause of human
rights including that of the refugees in the country.
Article ;6 of the Bangladesh constitution states that M"he state shall base its national
relations on the principles of respect for.... international law and the principles
enunciated in the )nited *ations charter.
,urther more article =; of the 158; Bangladesh constitution states that M*o person
shall be depri$ed of life and liberty sa$es in accordance with lawN.
21
5ee ?*!. 'nnual !eport 1885-8/; AA. /1-/2
www.bdlawsource.com
1/
www.bdlawsource.com
)nder article =5 of the constitution freedom of thought> freedom of speech and
e'pression are granted in Bangladesh. BangladeshBs is a democratic country and the
people of Bangladesh ha$e a tradition to resist the authoritarian nature of the
go$ernment. BangladeshBs successi$e democratic go$ernments are fully committed
to respect the pro$isions of the constitution. "he fundamental rights as enumerated
in part III of the constitution are Dustifiable by the higher Dudiciary in the country
under article 1:= of the constitution.
i. !ur#a Refugees in !angladesh
Since 1551> Bangladesh has been the main country of refugee for members of the
-uslim Rohingya minority in BurmaBs araan state> many thousands of whom ha$e
fled gross human rights $iolations prepared by the Burmese go$ernment. In 1551-5;
alone> discrimination> $iolence and the imposition of forced labor practices by
Burmese authorities triggered an e'odus of some ;6:>::: Rohingya across the
brander into Bangladesh. -ost of these refuges returned between 155= and 1558
under a repatriation program arranged through the auspices of the )nited *ations
!igh Commissioner for Refuges ?)*!CR@. "he future of ;;>::: Rohingya who remain
in refuges camps in Bangladesh> howe$er> remains unclear. %onor countries>
frustrated by the lac of progress in finally resettling these remaining refuges> ha$e
reduced the le$el of support a$ailable to them. -ean while> continuing discrimination
against> attacs upon> and other widespread $iolations of the rights of Rohingya in
Burma ha$e led to new refuges out flows into Bangladesh. -ore than 1::>:::
Rohingya> who ha$e not been formally documented as refuges> now li$e in
Bangladesh out side the refuges camps. "heir situation to remains precarious.
"his report describes the ey obstacles which ha$e to now pre$ent the satisfactory
resolution of this maDor refuges problem> with particular attention to emulation of the
agreed repatriation program. "he primary obstacles are to be found on the Burmese
side of the border. BurmaBs ruling state peace and %e$elopment Council ?S#%C@>
which replaced the state law and order Restoration Council ?SL(RC@> persists in its
policy of denying Burmese soil. As a direct conseCuence> Rohingya are treated as
aliens in their own country and are being subDected to restrictions on their freedom
of mo$ement> arbitrary function and e'tortion by local officials
;;
. Rohingya $illagers
also continue to be reCuired to understate forced labor by local Burmese official> who
sometimes threaten to ha$e them illed if they refuges to company.
22
*&!5- Aage 3/-193
www.bdlawsource.com
12
www.bdlawsource.com
ii. !iharis Refugee in !angladesh 2
RefugeeBs international is concerned about the pricing and persistent humanitarian
and protection issues facing the stateless Bihari. "he Rahigya refuges population and
displaced religious minorities in Bangladesh.
"he Biharis ?Stand and #aistanis@ of Bangladesh are particular concern to refuges
international. "he Biharis> an )rdu speaing -uslim minority originally from the
!indu region of Bihar> ha$e been stateless since the day of Bangladesh
independence. At the partition of 1528> the Biharis became a part of &ast #aistan>
but their past support for western #aistan caused tension between the Bihari and
the newly independent nation of Bangladesh. Bangladesh has refused to pro$ide full
citizenship to the Bihari due to their pre$ious support of western #aistan while
#aistan> on the other hand> fears the large influ' of Biharis who li$e in 77 camps in
1= regions across the country. "he Bihari face o$er crowded li$ing Cuarters> poor
drainage and sanitation systems> inadeCuate education and health care facilities.
-ost importantly the Bihari continue to remain stateless after more thus thirdly years
of hardship. Little has been done to impro$e their current conditions and no plausible
solution has been rached.
Poli" Reo##endations 2
:=L;=L;::7 Bangladesh< Stateless Biharis group for a resolution and their rights.
:6L:5L;::6 Bangladesh< Burmese Rohingya refugee $irtual tinstones.
1;L1=L;::2 stateless Biharis in Bangladesh< A humanitarian right mare.
:9L:9L;::= Bangladesh< %iscrimination and displacement of religious minorities
:6L=:L;::= Lac of partition planes BurmaBs Rohingya refugee in Bangladesh more
policy recommendations.
Related News 2
:5L:7L;::8 Bangladesh taes laudable steps to reduce statelessness.
:7L12L;::8 Child labor among the displaced and stateless.
Chapter Seven
www.bdlawsource.com
13
www.bdlawsource.com
,N7CR
"he history of an organized response to the refugee problem can be traced to the
birth of the League of *ations. By 15;: it became increasingly clear that large-scale
refugee mo$ements in &urope could not be dealt with without intergo$ernmental
cooperation. In 15;1 %r. ,ridts of *ansen assumed the office of the !igh
Commissioner for Russian Refugees. SubseCuently his ser$ices were used to deal
with other refugee floes. In 15;5> the assembly set up the *ansen international
office for refugees which were liCuidated in 15=9. An intergo$ernmental committee
on refugees ?I0CR@ was established in 15=9 as an independent international refugee
organization outside the frame wor of the league of nations. "he initiati$e came
from the )nited States
;=
. "he committee was to tae care of .ewish refugees from
0ermany and Austria. In 15=5 a !igh Commissioner for the League of *ations was
appointed to tae care of the refugees to the I0CR which acted until the international
refugee organization ?IR(@ too o$er the responsibilities in 1528. -ean while> the
)nited *ations Relief and rehabilitation agency ?)*RRA@ was establshed in 152=
when 22 participating states signed the charter of the new international organization.
Its obDecti$e was to mae Apreparations and arrangements.... for the return of
prisoners and e'iles to their homes
;2
.
i. Predeessors
,ollowing the first world war. League of *ations agencies had grappled with some of
the most ob$ious needs of the wa$es of refugees caused from 151; on by the
dislocations of war> the impact of $iolent nationalismE> through its intolerance and
racial legislation> created a huge
e'odus after 15== and placed great numbers of indi$iduals in an intolerable position>
special intergo$ernmental action was organized from 15=9 on under the imitati$e of
president Roose$elt> resulting in the establishment of the intergo$ernmental action>
under the direction of the united states and great Britain> was continued and
asradened during the second world war to deal with new emergencies. In the third
place were the large scale efforts on behalf of displaced person by the military
authorities once liberation of the continent begin with the second world front in .une
23
>or a %istor+ development in t%is period 5ee Glaudena M. 5@ran; !efugees in inter war
Durope $%e Dmergence of a !egime 6Glarendon Aress; 4Eford 1885:

24
?D7 #aniel and G.K. Knudsen; edg; Mistrusting refugee 6<niversit+ of .alifornia
Aress; &er@el+; 1885: A. 214
www.bdlawsource.com
18
www.bdlawsource.com
1522. "hese efforts were supplement by those of relief agencies> notably )*RRA.....
whose wor along with that of I0CR from ?ed@ the immediate bacground to the
established of IR(.
ii. ,N7CR2 Struture8 #andate and Funtions 2
"he office of the united nations high commissioner for refugees ?)*!CR@.
At its 156: session> the general assembly formally adopted the state of )*!CR as an
ane'e to resolution 2;9 ?)@> in which it also called upon 0o$ernments to operate
with the office. "he function of )*!CR encompass Apro$iding international protectionB
and Aseeing permanent solutionsB to the problems of refugee by way of $oluntary
repatriation or assimilation in new national communities. "he state e'pressly
pro$ides political character> it shall be humanitarian and social and shall relate
related> as a rules to groups and categories of refugees of the two functions. "he
pro$isions of international protection is of primary important for with refugees> there
can be no possibility of finding lasting solutions. Besides defining refugees the
)*!CR state prescribes the relationship of the !igh Commissioner with the 0eneral
assembly and the economic and social council ?&C(S(@ maes pro$ision for
organization and finance> protection. "hese de$elop the functions engaged in by
predecessor con$entions and include ?i@ booting the conclusion of international and
proposing amendments there toI ?ii@ promoting through special agreements with
go$ernments the e'ecution of any measures calculated to impro$e the situation of
refugees the number reCuiring protectionI and ?iii@ promoting the admission of
refugees
;6
.
iii. ,N7CR and N9Os 2
!uman instincts ha$e undoubtedly dri$en people to assist others in need since the
dawn of ci$ilization
;7
. "oday the process of pro$iding humanitarians assistance has
become a highly organized enterprise in$ol$ing laces and regulations> more political
implications> international organizations and large sums of money. *oe$er the less
refugees assistance efforts remain hea$ily imbued with idealism and humanitarian
moti$ation> particularly noticeable in pri$ate religious and charitable agencies. "he
concept of rescuing $ictims of persecution and $iolence is central to this moti$ation
;8
.
25
D.454. !es. 383 &6F: 19 5eptember 1851
2/
Dcosc !es. 5/5 6FF:; 31 Marc% 1855
22
G'!Ds 1// 6F:; 2/ ?ovember 1852 and Dcosoc !es /22 6FF7:; 39 'pril 1853
www.bdlawsource.com
29
www.bdlawsource.com
"hough 0o$ernmental entities are usually rather clearly identifiable> it is not always
clear who is and is not part of the non-go$ernment portion of the refugees assistance
of networ. "he field incorporates aspects of human rights> generic charity>
immigration ser$ices> social ser$ices> religious ser$ices> de$elopment> education>
ad$ocacy and a host of support and other functions
;9
.
iv. Sope of Progra# 2
Refugees *0(s may be in$ol$ed in both domestic resettlement of refugees and
ser$ices to asylum seeers> and in international refugee aid. "hey may specialize in
ad$ocacy> public education> legal ser$ices> de$elopment aid or pro$ide a full range of
medical> logistical and relief ser$ice. A few specialize in particular nationalizes> all
howe$er> offer ser$ices to refugees or displaced people as the or one of the central
focus of their program> their in$ol$ement with refugees is not by chance.
v. St"le of operation 2
Some agencies are acti$ists with respect to go$ernment policy> seeing to affect
policy content or program resources. Commitment to ad$ocacy does not seem to be
determined by size of constituency on surprisingly> e$en to degree of reliance on
go$ernment funding> though both are rele$ant factors.
23
!eport of t%e <? *ig% .ommissioner for !efugees to t%e <? economic and 5ocial .ouncil;
Ma+ 1884.
www.bdlawsource.com
21
www.bdlawsource.com
vi. Soure of funds 2
Some *0(s rely hea$ily on funding from go$ernments- others will not accept such
funds and rely only on pri$ate support such as indi$idual contributions> grunts from
foundations> or allocations from church bodies.
A total in$entory of *0( functions and ser$ices is properly not possible> but the
following e'amples of board functional areas> both formal and informal> show the
importance *0(s to the refugees assistance networ.
vii. Refugees and the Role of 1CRC 2
3here as refugee law contains a specific definition of refugee> humanitarian law is
$ery $ague and only rarely employs the term. All the same> this does not mean that
refugees are reflected by humanitarian law> since they are protected by it when they
are in the power of a party of conflict
;5
.
%uring international armed conflicts. *ationals of a state who flee hostilities and
center the territory of an enemy state are protected by the fourth 0ene$a con$ention
as aliens in the feretory of a party to the conflicts ?Articles =6 to 27 of the fourth
con$ention@. "his con$ention reCuests fa$orable treatment for refugees on the part of
the host countryI since as refugees they do not enDoy the protection of any
go$ernment> they must not be treated as enemy aliens solely on the basis of their
nationality ?Article 22 of the fourth con$ention@. #rotocol I reinforces this rule while
also refiguring to the protection of stateless persons ?Article 8. of protocol I@.
Refugees nations of a neutral state who find themsel$es in the territory of a
belligerent state are protected by the fourth con$ention when there are no diplomatic
relations between their state and the belligerent state. Article 8= of protocol I
manicuring this protection e$en when diplomatic relations e'ist.
"o fourth con$ention further stipules that AIn no circumstances shall protected person
be transferred to a country where he or she may ha$e reason to fear persecution for
his or her political opinions or religious beliefsB ?#rinciple of non-refulgent Article 26
para- 2 of the fourth con$ention@.
28
nternal !eview of t%e !ed .ross 6?o. 395; Marc%-'pril 1885:; AA. 1/2-29.
www.bdlawsource.com
22
www.bdlawsource.com
"he office of the united *ations !igh Commissioner for refuges ?)*!CR@ plays a role
of paramount importance in wor on behalf of refuges.
"he ICRC considers itself to be directly concerned by the fate of refuges who are
ci$ilian $ictims of armed conflicts or disturbances> or of their direct results> i.c----->
situations by its mandate. ICRC action for these refuges depends their alia on their
protection under international humanitarian law.
viii. Convention relating to the status of Refugee '()'
Adopted on ;9 .uly 1561 by the united nations conference of plenipotentiaries on the
state of refuges and state less persons con$ened under 0eneral assembly resolution
2;5 of 12 %ecember 156:. &ntry into force < ;; April 1562> in accordance with
Article 2=.
PR-A:!L- OF T7- CON6-NT1ON
"he !igh Contracting #arties> considering that the charter of the united nations and
the uni$ersal declaration of !uman Rights appro$ed on 1: %ecember 1529 by the
general assembly affirmed the principle that human beings shall enDoy fundamental
rights and refuges without discrimination considering that the united nations has> on
$arious occasions> manifested its profound concern for refuges and endea$ored to
assure refuges the widest possible e'ercise of this fundamental rights and refuges>
considering that it is desirable to re$ise and consolidate pre$ious international
agreements relating to the status of refuges and to e'tend the scope of and the
protection accorded by such instruments by means of a new agreement.
Considering that the grant of asylum may place unduly hea$ily burdens on certain
countries> and that a satisfactory solution of a problem of which the united nations
has recognized the international scope and nature cannot therefore be achie$ed
without international cooperation.
&'pressing the wish that all state> recognizing the social and humanitarian nature of
the problem of refuges> will do e$erything within their power to pre$ent this problem
from becoming a cause of tele$ision between states.
www.bdlawsource.com
23
www.bdlawsource.com
*othing that the united nations high commissioner for refuges is charged the fast of
super$ising internationals con$entions pro$iding for the protection of refuges and
recognizing that the effecti$e coordination of measures taen to deal with this
problem will depend upon the cooperation of states with the high commissioner.
7ave agreed as follows2
Refugee
,or the purposes of the present con$ention> the term ArefugesB shall apply to any
person who.

!as been considered a refuges under the arrangements of 1; -ay 15;7 and =: .une
15;9 or under the con$ention of ;9 (ctober 15== and 1: ,ebruary 15=9> the
protocol of 12 September 15=5 or the constitution of the international refuges
organization FArticle 1G.
9eneral Obligations
&$ery refuges has duties to the country in which he finds himself> which reCuire in
particular that the conforms of its laws and regulations as well as to measures taen
for the maintance of public order .
FArticle ;G.
Non &isri#ination
"he contracting states shall apply the pro$isions of this con$ention to refuges without
discrimination as to race> religion on country of origin.
FArticle =G
Religion
"he contracting states shall accord to refugees within their territory treatment at
least as fa$orable as that accorded to their nations with respect to freedom to
practice their religion and freedom as regards the religious education of their
children.
FArticle 2G
Rights 9ranted apart fro# this Convention
*othing in this con$ention shall be deemed to impair any rights and benefits granted
by a contracting state to refugees a part from this con$ention.
FArticle 6G
The ter# ;in the sa#e iru#stanes<
www.bdlawsource.com
24
www.bdlawsource.com
,or the purpose of this con$ention> the term Min the same circumstancesN implies
that any reCuirements ?including reCuirements as to length and conditions of SoDoun
or residence@ which the particular indi$idual would ha$e to fulfill for the enDoyment of
right in or section.
FArticle 7G
-xe#ption fro# Reiproit"
&'cept where this con$ention contains more fa$orable pro$isions> a contracting state
shall accord to refugees the same treatment as is accorded to aliens generally.
FArticle 8G
-xeption fro# exeptional #easures
3ith regard to e'ceptional measures which may be taen against the person>
properly or interests of national of foreign state.
FArticle 5G
Provisional :easures
*othing in this con$ention shall pre$ent a contracting state> in time of war or other
gra$e and e'ceptional circumstances from taing pro$isional measures which it
considers to be essential to the national security in the case of a particular person.
FArticle 5G
Continuit" of Residene
3here a refugee has been forcibly displaced during the second world war and
remo$ed to the territory of a contracting state and is residence there> the period of
such informed soDourn shall be considered to ha$e been lawful residence within that
territory.
FArticle 1:G
Refugee Sea#en
In the case of refugees regularly ser$ing as crew members on board a ship flying the
flag of a contracting state> that shall gi$e sympatric consideration to their
establishment on its territory and the issue to tra$el documents to them or their
temporary admission to its territory particular with a $iew to facilitating their
establishment in another country.
FArticle 11G
Personal Status
www.bdlawsource.com
25
www.bdlawsource.com
"he personal status of a refugee shall go$erned by the law of the country of his
domicile or if he has no domicile> by the law of the country of his residence.
FArticle 1;G
:ovable and 1##ovable Propert"
"he contracting state shall accord to a refugee treatment as fa$orable and in any
e$ent> not less fa$orable than that accorded to aliens generally in the same
circumstances.
FArticle 1=G
Artiste Rights And 1ndustrial Propert"
In respect of the protection of industrial property> such as in$entions> designs or
models trade mars> trade names and of rights in literary> artistic and scientific
wors.
FArticle 12G
Right of Assoiation
As regards non-political and non-profit-maing associations and trade unions the
contracting state shall accord to refugees lawfully staying in their territory the most
fa$orable treatment accorded to nationals of a foreign country> in the same
circumstances.
FArticle 16G
Aess to Courts
A refugee shall enDoy in the contracting state in which he has his habitual residence
the same treatment as a national in matters pertaining to access to the courts>
including legal assistance and e'emption from elution Dudicator so.
FArticle 17G
$age earning e#plo"#ent
"he contracting states shall accord to refugees lawfully staying in their territory the
most fa$orable treatment accorded to nationals of a foreign country in the same
circumstances> as regards the right to engage in wage-earning employment.
FArticle 18G
Self=e#plo"#ent
www.bdlawsource.com
2/
www.bdlawsource.com
"he contracting state shall accord to a refugee lawfully in their territory treatment as
fa$orable as possible and in any e$ent> not less fa$orable than that accorded to
aliens generally in the same circumstance.
FArticle 19G
Liberal Professions
"he contracting states shall use their best endea$ors consistently with their laws and
constitutions to secure the settlement of such refugee in the territories.
FArticle 15G
Rationing
3here a raining system e'ists> which applies to the popular at large and regulations
the general distribution of products in short supply refugees shall be accorded the
same treatment as nationals.
FArticle ;:G
Publi -duation
"he contracting state shall accord to refugees the same treatment as in accorded to
nationals with respect to elementary education.
FArticle ;1G
7ousing
As regards housing the contracting states in so far as the matter is regulated by
lacus or regulations or is subDect to the control of public authorities.
FArticle ;;G
Publi Relief
"he contracting states shall accord to refugees lawfully staying in their territory the
same treatment with respect to public relief and assistance as is accorded to their
nationals.
FArticle ;=G
Labor Legislation and Soial Seurit"
Social security ?legal pro$ision in respect of employment inDury. (ccupational
diseases> maternity sicness> disability> old age> death> unemployment> family
responsibilities and any other contingency which according to nationals laws or
regulations is co$ered a social security scheme@.
www.bdlawsource.com
22
www.bdlawsource.com
FArticle ;2G
Ad#inistrative Assistane
%ocuments or certifications so deli$ered shall stand in the stead of the official
instruments li$ered to aliens by or through their national authorities and shall be
gi$en credence in the essence of proof to the contra.FArticle ;6G
Freedo# of :ove#ent
&ach contracting state shall accord to refuges lawfully in its territory the right to
chosen their place of residence and to mo$e freely within its territory subDect to any
regulations applicable to aliens generally in the same circumstances.
FArticle ;7G
1dentif" Papers
"he contracting state shall issue identity papers to any refugee in their territory who
does not passes a $alid tra$el document.
FArticle ;8G
Travel &ou#ents
"ra$el documents issued to refugees under pre$ious international agreements by
parties thereto shall be regained and treated by the contracting states in the same
way as if they had been issued pursuant to this article.
FArticle ;9G
Fiseal -arges
"he contracting states shall not impose upon refugees duets> charges orates of any
description what so e$er> other or higher than those which are or may be le$ied on
their nationals in similar situations.
FArticle ;5G
Transfer of Assets
A contracting state shall in conformity with its laws and regulations permit refugees
to transfer assists which ha$e brought into its territory to another country where
they ha$e been admitted for the purposes of resettlement.
FArticle =:G
www.bdlawsource.com
23
www.bdlawsource.com
Refugees unlawfull" in the Countr" of Refugee
"he contracting states shall not impose penalties on account of their illegal entry or
presence.
FArticle =1G
Prohibilition of -xpulsion or Return
*o contracting state shall e'pel or return a refugee in any manner what so e$er to
the frontiers of territories where his life or freedom would be threatened on account
of his race> religion nationals membership of a particular social group or political
opinion.
FArticle ==G
Nationalis#
"hey shall in particular mae e$ery effort to e'pedite naturalization proceedings and
to reduce as far as possible the charge and costs of such proceedings.
FArticle =2G
Cooperation of the national authorities with the ,N
"he contracting states undertae to co-operate with the office of the united nations
high commissioner for refugees or any other agency of the united nations which may
succeed it> in the e'ercise of its functions and shall in particular facilitate its duty of
super$ising the application of the pro$isions of this con$ention.
FArticle =6G
1nfor#ation on National Legislation
"he contracting states shall communicate to the secretary-0eneral of the united
*ations the laws and regulations which they may adopt to ensure the applications of
this con$ention.
FArticle =7G
Relation to previous Conventions
3ithout pre .uice to Article ;9> paragraph of this con$ention this con$ention replaces
as between parties to it.
www.bdlawsource.com
28
www.bdlawsource.com
FArticle =8G
Settle#ent of disputes
Any dispute between parties to this con$ention relating to its interpretation or
application which cannot be settled by other means.
FArticle =9G
Signature8 Ratifiation and Aession
"he con$ention shall be opened for signature at 0ene$a on ;9 .uly 1561.
And this con$ention shall be open from ;9 .uly for accession by the states.
FArticle =5G
www.bdlawsource.com
39
www.bdlawsource.com
Territorial Appliation Clause
Any states may> at the time of signature ratification or accession> declare that this
con$ention shall e'tend to all or any of the territories for the international relations
of which it is responsible.
FArticle 2:G
Federal Clause
3ith respect to those articles of this con$entions that come within the legislati$e
Durisdiction of the federal legislati$e authority.
FArticle 21G
Reservations
At the time of signature> ratification any state may mae reser$ations article of the
con$ention other than to articles 1=> 12> 17 ?i@> ==> =7-27 inclusi$e.
FArticle 2;G
-ntr" into Fore
"his con$ention shall come into force on the ninetieth day following the day of
deposit of si'th instrument of ratification or accession.
FArticle 2=G
&enuniation
Any contracting state may denounce this con$ention at any time by a notification
addressed to the secretary general of the unstated nation.
FArticle 22G
www.bdlawsource.com
31
www.bdlawsource.com
Revision
Any contracting state may7 reCuest re$ision of this con$ention at any time by a
mortification addressed to the secretary general of the united nations.
FArticle 26G
Notifiations b" the seretar" general of the ,nited Nations.
"he secretary general of the united nations shall inform al members of the united
nations and non-member states referred to in article =5-
a. of declarations and notifications in accordance with section = of article 1.
b. of signatures ratifications and accessions in accordance with article =5.
c. of declarations and notifications in accordance with article 2:
d. of reser$ations and withdrawals in accordance with article 2;
e. of the date on which this con$ention will come into force in accordance with
article 2=
f. of denunciations and notifications in accordance with article 22
g. of reCuest for re$ision in accordance with article 26
FArticle 26G
In faith whereof the undersigned duly authorized ha$e signed this con$ention on
behalf of their respecti$e go$ernments.
%one at 0ene$a> this twenty eight day of .uly> one thousand nine hundred and fifty-
one in a single copy> of which the &nglish and ,rench te'ts are eCually authentic and
which shall remain deposited in the articles of the united nations and certified true
copies of which shall be deli$ered to all members of the united nations to the non-
member states referred to in article =5.
ix. The 7u#an Rights of Refugee >Su##ar"?
"he human rights of refugees include the following indi$isible> interdependent and
interrelated human rights<
"he human rights to see and enDoy asylum from persecution.
"he human rights not to be forcibly returned to the country he or she is fleeing if
such a return would pose a threat to the life> security> or freedom of the refugee.
www.bdlawsource.com
32
www.bdlawsource.com
"he human rights to freedom of mo$ement> freedom to choose his or her residence>
freedom to lea$e any country> including his or her own> and to return to his or her
country.
"he human rights to freedom from discrimination based on race> color> gender>
language> religion> nationality> ethnicity> or any other status.
"he human rights to eCual protection of the law> eCual access to the courts> and
freedom from arbitrary or prolonged detention.
"he human rights to a nationality.
human rights to life.
"he human rights to protection from fortune or ill-treatment.
"he human rights to freedom from genocide and Methnic cleansingN.
"he human rights to an adeCuate standard of li$ing> including adeCuate food> shelter
and clothing.
"he human rights to wor and to basic labor protections.
"he human rights to the highest possible standard of health and to access to health
care.
"he human rights to li$e in a healthy and safe en$ironment.
"he human rights to education- to free and compulsory elementary education> to
readily a$ailable forms of secondary and higher education> and to freedom from all
types of discrimination at all le$els of education. "he human rights to protection from
economic and se'ual e'ploitation> particular for refugee women and children.
"he human rights to participation in decision-maing which affects a refugeeOs life>
family> and community.
"he human rights to sustainable de$elopment.
"he human rights to peace.
www.bdlawsource.com
33
www.bdlawsource.com
Conlusion
3hen )* decided to set up the )*!CR in 1525 the 0eneral Assembly of the
unrecognized the responsibility of the )* for the international protection of refugees.
International protection is based on human rights principles. Since the refugees do
not enDoy the protection of the country. (f origin> the international community must
come forward to pro$ide that protection.
International protection thus begins with securing admission of a refugee in another
country. If includes super$ision of refugees at the global and regional le$el. "he
refugees are to be identified and be accorded an appropriate status. #rotection
includes ensuring that the basic necessities of life are pro$ided in a safe
en$ironment. (ther tools of international protection include emergency resettlement
to third countries or assistance to return home.
,or international protection one could rely on international legal con$ention and
declarations adopted by the )* or by the regional organizations> such as the (A)
con$ention or cartagena declaration for Latin America. In conflict situations the 1525
0ene$a con$ention related to the protection of ci$ilization persons in time of war and
the additional protocols of 1588 assume particular signature.


www.bdlawsource.com
34
www.bdlawsource.com
Seletive !ibliograph"
!oo@ 2
i. B.S Chimni> International refugee law
ii. !arun )r Rashid>Refugee law
Artiles2
Borhan )ddin Ahmed>
,ifty years of the uni$ersity declaration of !uman Rights
Reo##endation2
ARefugeesB in international law is of critical importance for it can mean the difference
between life and the death for an indi$idual seeing asylum. "o a Bangladeshi
national> the refugeeBs situation is unit familiar. "he people of Bangladesh had been
subDect to genocide and crimes against humanity in 1581 by the #aistanBs military
Dunta. Around 1: million Bangladeshi nationals had lea$e for India to escape from the
murderers of #aistan army. -any of the Bangladeshi nationals became refugees in
India for a nine-month period till Bangladesh emerged as independent country in 17
%ecember 1581.
"he 1561 con$ention details the ci$ic and socio-economic rights of refugee which
must be respected.
/arious con$entions gi$e shelter all the refugee all o$er the world.
So> I thin> all the state or country of the world gi$e more facilities for the refugee
life and tae the responsibility same in the own people of that country.
www.bdlawsource.com