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CHANAKYA NATIONAL LAW UNIVERSITY

CONSTITUTIONAL LAW - I

FINAL PROJECT

Research Topic : Undue Delay in Execution of Capitol Punishment &


Conversion into Life Imprisonment

SUBMITTED TO - SUBMITTED BY -
Dr.(Prof.) Anirudh Prasad Kumar Sambhav
(Faculty of Constitutional Law) Roll No. : 1536
Semester : 3rd
Session : 2016-2021

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This is to certify that KUMAR SAMBHAV of FIFTH SEMESTER from 2016-
2021 batch has successfully completed his project on topic Undue Delay in
Execution of Capitol Punishment & Conversion into Life
Imprisonment

________________________
SIGNATURE OF FACULTY

DATE: __________________

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DECLARATION

This is to certify that the project on “Undue Delay in Execution of Capitol


Punishment & Conversion into Life Imprisonment” submitted to
CHANAKYA NATIONAL LAW UNIVERSITY done by Kumar Sambhav is a
bonafide work that has not been plagiarized from any source. It is based on original
work and ideas of the researcher.

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TABLE OF CONTENTS

1. INTRODUCTION
 AIMS&OBJECTIVE
 RESEARCH QUESTIONS
 HYPOTHESIS
 RESEARCH METHODOLOGY
 LIMITATIONS
2. DEFINITION OF INVOLUNTARY/FORCED MIGRATION
3. CAUSES OF FORCED MIGRATION
4. EFFECTS OF FORCED MIGRATION
5. SOME RELEVENT EXAMPLES OF FORCED MIGRATION
6. CONCLUSION & SUGGESTIONS

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INTRODUCTION

The International Association for the Study of Forced Migration (IASFM) defines forced
migration as “Forced Migration is “a general term that refers to the movements of refugees and
internally displaced people (those displaced by conflicts within their country of origin) as well as
people displaced by natural or environmental disasters, chemical or nuclear disasters, famine, or
development projects.”1
The reason for separating out forced migrants from the wider category of migrants is that forced
migrants make a special claim on our concern. They require us to consider issues of membership,
citizenship and democratic liberalism. They require us to ask what our responsibilities are to the
stranger in distress, the stranger amongst us, on our doorstep, who is seeking a better life for
himself or herself and for his or her children, and the stranger halfway around the world who is
brought into our homes by satellite tv channels. They require us, in other words, to consider who
we are, what is or should be our moral community and, ultimately, what it means to be human.
So forced migration is a phenomenon that it is certainly worth focusing on. But when we try to
separate out a class of forced migrants from migrants in general, we are faced with a problem
which is at once methodological and ethical. The methodological problem is that it proves
impossible to apply the term forced migration to the real world in a way that enables us to separate
out a discrete class of migrants. It turns out, on closer inspection, that most migrants make their
decision to migrate in response to a complex set of external constraints9 and predisposing events.
Of course, those constraints and events vary in their salience, significance and impact, but there
are elements of both compulsion and choice, it seems, in the decision making of most migrants.
The recent example can be the case of Syrian people in the year 2015. If not handled properly may
give rise to severe problems to the economy of the host country.

1
http://www.forcedmigration.org/about/whatisfm

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AIMS & OBJECTIVES

 To study about Involuntary or Forced Migration.


 To know causes of forced migration.
 To study the socio-economic effects and impacts of large scale forced migration

RESEARCH QUESTIONS

 What is Forced Migration?


 What are the causes of forced migration?
 How is migration affecting the lives of people migrated?
 What can be the impacts of migrants on native people of a particular?

HYPOTHESIS

The Hypothesis are:


 Large scale Forced Migration affects the economy of a country very badly.
 The per capita income is highly affected by large scale forced migration.

RESEARCH METHODOLOGY:

The researcher has used the Doctrinal method of research. Both Online and Offline sources were
used while making this project.

LIMITATION:

 Lack of time
 Territorial limits
 Finance

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DEFINITION OF INVOLUNTARY/FORCED MIGRATION

Forced migration refers to the coerced movement of a person or persons away from their home or
home region. It often connotes violent coercion, and is used interchangeably with the terms
"displacement" or forced displacement. In the strictest sense migration can be considered to be
involuntary only when a person is physically transported from a country and has no opportunity to
escape from those transporting him.
Types Of Forced Migration2 :-

1. Conflict-Induced Displacement

People who are forced to flee their homes for one or more of the following reasons and where the
state authorities are unable or unwilling to protect them: armed conflict including civil war;
generalized violence; and persecution on the grounds of nationality, race, religion, political opinion
or social group.

A large proportion of these displaced people will flee across international borders in search of
refuge. Some of them may seek asylum under international law, whereas others may prefer to
remain anonymous, perhaps fearing that they may not be granted asylum and will be returned to
the country from whence they fled. Since the end of the Cold War, there has been an escalation in
the number of armed conflicts around the world. Many of these more recent conflicts have been
internal conflicts based on national, ethnic or religious separatist struggles. There has been a large
increase in the number of refugees during this period as displacement has increasingly become a
strategic tactic often used by all sides in the conflict. Since the end of the Cold War there has also
been an even more dramatic increase in the number of internally displaced persons (IDPs), who
currently far outnumber the world‘s refugee population. In 2010, there were some 11 million
refugees and asylum seekers and a further 27.5 million IDPs worldwide.3

2
http://www.forcedmigration.org/about/whatisfm
3
http://www.encyclopedia.com/social-sciences/encyclopedias-almanacs-transcripts-and-maps/forced-migration

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The most important international organization with responsibility for refugees is the United
Nations High Commissioner for Refugees (UNHCR). Under the 1951 UN Refugee Convention,
UNHCR is mandated to provide protection and assistance to refugees. However, one group of
refugees do not come under the mandate of UNHCR. These are Palestinian refugees in the Middle
East, who come under the mandate of the United Nations Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA).

2. Development-Induced Displacement

These are people who are compelled to move as a result of policies and projects implemented to
supposedly enhance ‘development’. Examples of this include large-scale infrastructure projects
such as dams, roads, ports, airports; urban clearance initiatives; mining and deforestation; and the
introduction of conservation parks/reserves and biosphere projects.

Affected people usually remain within the borders of their home country. Although some are
resettled, evidence clearly shows that very few of them are adequately compensated. While there
are guidelines on restoration for affected populations produced by some major donors to these
types of projects, such as the World Bank, there continues to be inadequate access to compensation.
This tends to be the responsibility of host governments, and interventions from outside are often
deemed inappropriate.

This is undoubtedly a causal factor in displacement more often than armed conflict, although it
often takes place with little recognition, support or assistance from outside the affected population.
It disproportionately affects indigenous and ethnic minorities, and the urban or rural poor. It has
been estimated that during the 1990s, some 90 to 100 million people around the world were
displaced as a result of infrastructural development projects. It has also been reported that, on
average, 10 million people a year are displaced by dam projects alone.

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3. Disaster-Induced Displacement

This category includes people displaced as a result of natural disasters (floods, volcanoes,
landslides, earthquakes), environmental change (deforestation, desertification, land degradation,
global warming) and human-made disasters (industrial accidents, radioactivity). Clearly, there is
a good deal of overlap between these different types of disaster-induced displacement. For
example, the impact of floods and landslides can be greatly exacerbated by deforestation and
agricultural activities. Estimating trends and global figures on people displaced by disaster is even
more disputed and problematic than for the other two categories. But there are certainly many
millions of people displaced by disasters every year. Several international organizations provide
assistance to those affected by disasters, including the International Federation of the Red Cross
and Red Crescent Societies, and the World Food Programme. Many NGOs also provide assistance
to affected people.
Forced migration will occur when the living environment becomes physically or socially
unsustainable4. If people live in low-lying coastal areas that are subject to global warming, they
may be forced to relocate due to rising sea levels. People living on islands have begun to experience
that already. If there is conflict in an area in which two opposing armed forces meet, the residents
are likely to move out of harm’s way rather than become victims of the conflict. When a group of
people is singled out as undesirable in an environment in which the majority of residents is willing
to use violence to enforce its will, people will leave the area in search of another place to live.
People living close to a source of danger, such as an active volcano, may be forced to migrate as
the frequency and violence of the volcanic activity becomes greater. This would be especially true
if the geological features of the environment are changed by the activity. Loss of food sources can
also cause people to migrate.5 Pollution of croplands or bodies of water may force people to leave
the area in order to find other sources of sustenance. Essentially, any condition of life that results
in an ongoing threat to life itself or to the quality of life will cause people to migrate elsewhere.

4
https://www.bbc.co.uk/education/guides/z8g334j/revision/4
5
http://www.unhcr.org/3e19ac624(PDF)

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Types of forced migrants

There are various terms which have been adopted to describe groups affected by forced migration.
The meaning of some of these terms is not always self-evident, they are sometimes misleading,
and are not necessarily mutually exclusive. Given below are brief descriptions of the main terms
used by those researching and working with forced migrants.
Refugees

The term ‘refugee’ has a long history of usage to describe ‘a person who has sought refuge’ in
broad and non-specific terms. However, there is also a legal definition of a refugee, which is
enshrined in the 1951 United Nations Convention Relating to the Status of Refugees. Article 1 of
the Convention defines a refugee as a person residing outside his or her country of nationality, who
is unable or unwilling to return because of a ‘well-founded fear of persecution on account of race,
religion, nationality, membership in a political social group, or political opinion’. Some 150 of the
world‘s 200 or so states have undertaken to protect refugees and not return them to a country where
they may be persecuted, by signing the 1951 Refugee Convention and/or its 1967 Protocol.

Those recognized as refugees are better off than other forced migrants, in that they have a clear
legal status and are entitled to the protection of the UNHCR. The annual budget for the UNHCR
has grown from US$300,000 in its first year to more than US$3.59 billion in 2012 and the agency
works in 126 countries (UNHCR, 2012). The vast majority of refugees are in the world‘s poorest
countries in Asia and Africa. The global refugee population grew from 2.4 million in 1975 to 14.9
million in 1990.A peak was reached following the end of the Cold War with 18.2 million in 1993.
In 2010, there was estimated to be some 10.5 million refugees around the world (UNHCR, 2011)
Asylum seekers

Asylum seekers are people who have moved across an international border in search of protection
under the 1951 Refugee Convention, but whose claim for refugee status has not yet been
determined. Annual asylum claims in Western Europe, Australia, Canada and the USA combined

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rose from some 90,400 in 1983 to 323,050 in 1988 and then peaked at 828,645 in 1992.
Applications fell sharply by the mid-1990s but began to steadily rise again towards the end of the
decade. By the end of 2004, asylum applications made in these Western countries had again
dropped significantly and in 2010 the total number of asylum applications in 44 industrialized
countries was estimated at 358,800; the fourth lowest in the past 10 years (UNHCR, 2011).

As the numbers of asylum seekers rose during the 1990s and beyond, there was increasing
scepticism from some politicians and the media, particularly in Western states, about the credibility
of the claims of many asylum seekers. They have been labelled ‘economic refugees’ and ‘bogus
asylum seekers’. Asylum migration is clearly a result of mixed motivations. Most asylum seekers
do not come from the world‘s poorest states, however many do come from failed or failing states
enduring civil war and with high degrees of human rights abuses and, not surprisingly, significant
levels of poverty. However, the number of people who are seeking asylum in Western states
comprises a small fraction of the total number displaced around the world.

Internally Displaced Persons

The most widely used definition of internally displaced persons (IDPs) is one presented in a 1992
report of the Secretary-General of the United Nations, which identifies them as ‘persons who have
been forced to flee their homes suddenly or unexpectedly in large numbers, as a result of armed
conflict, internal strife, systematic violations of human rights or natural or man-made disasters,
and who are within the territory of their own country.’

Sometimes referred to as ‘internal refugees’, these people are in similar need of protection and
assistance as refugees but do not have the same legal and institutional support as those who have
managed to cross an international border. There is no specifically-mandated body to provide
assistance to IDPs, as there is with refugees. Although they are guaranteed certain basic rights
under international humanitarian law (the Geneva Conventions), ensuring these rights are secured
is often the responsibility of authorities which were responsible for their displacement in the first
place, or ones that are unable or unwilling to do so. The number of IDPs around the world is
estimated to have risen from 1.2 million in 1982 to 14 million in 1986. However, it is likely that

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earlier estimates are woefully low, as little systematic counting was being conducted at the time.
Estimates on numbers of IDPs continue to be controversial, due to debate over definitions, and to
methodological and practical problems in counting. In 2010 there were an estimated 27.5 million
IDPs worldwide (IDMC, 2011). However, statistics on IDPs are a controversial issue and there is
no universal agreement.

People who are compelled to move as a result of policies and projects implemented to supposedly
enhance ‘development’. These include large-scale infrastructure projects such as dams, roads,
ports, airports; urban clearance initiatives; mining and deforestation; and the introduction of
conservation parks/reserves and biosphere projects. Affected people usually remain within the
borders of their country. People displaced in this way are sometimes also referred to as ‘oustees’,
‘involuntarily displaced’ or ‘involuntarily resettled’.

This is undoubtedly the cause of huge-scale displacement, although it often takes place with little
recognition, support or assistance from outside the affected population. It disproportionately
affects indigenous and ethnic minorities and the urban or rural poor. It has been estimated that
during the 1990s some 90 to 100 million people around the world were displaced as a result of
infrastructural development projects.

Sometimes referred to ‘environmental refugees’ or ‘disaster refugees’, in fact most of those


displaced by environmental factors or disasters do not leave the borders of their homeland. This
category includes people displaced as a result of natural disasters (floods, volcanoes, landslides,
earthquakes), environmental change (deforestation, desertification, land degradation, global
warming) and human-made disasters (industrial accidents, radioactivity).

Smuggled people

Smuggled migrants are moved illegally for profit. They are partners, however unequal, in a
commercial transaction. This is not to say that the practice is not without substantial exploitation
and danger. People who think they are being smuggled may run the risk of actually being trafficked
(see below). And even if they are not, their personal safety and well-being on their journey and

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after arrival are not necessarily the smugglers’ top priority. Smuggled migrants may include those
who have been forcibly displaced as well as those who have left their homeland in search of better
economic and social opportunities. The motivations are often mixed. As the borders to favoured
destination countries have become increasingly strengthened to resist the entry of asylum seekers,
migrants of all kinds have increasingly drawn upon the services of smugglers.

Trafficked people

These are people who are moved by deception or coercion for the purposes of exploitation. The
profit in trafficking people comes not from their movement, but from the sale of their sexual
services or labour in the country of destination. The trafficked person may be physically prevented
from leaving, or be bound by debt or threat of violence to themselves or their family in their
country of origin. Like smuggling, by its very clandestine nature, figures on the number of people
being trafficked are extremely difficult to obtain.

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CAUSES OF FORCED MIGRATION

Causes for forced migration can include:

Natural disaster: Occurrence of a disaster - such as floods, tsunamis, landslides, earthquakes or


volcanoes - leads to temporary or permanent displacement of population from that area. In such a
scenario, migration becomes more of a survival strategy, as natural disasters often cause the loss
of money, homes, and jobs. For example, Hurricane Katrina resulted in displacement of almost the
entire population of New Orleans, leaving the community and government with several economic
and social challenges.
Environmental problems: The term environmental refugee has been in use recently representing
people who are forced to leave their traditional habitat because of environmental factors which
negatively impact his or her livelihood, or even environmental disruption i.e. biological, physical
or chemical change in ecosystem. Migration can also occur as a result of slow-onset climate
change, such as desertification or sea-level rise, of deforestation or land degradation. Man-made
disasters can also cause forced migration: examples are industrial accidents and especially
accidents that involve radioactivity, such as in Chernobyl or Fukushima.6
Migrants who are able to return to their original habitat once the disruption is over, as in the case
of the Bhopal disaster. Migrants who remain permanently displaced. Migrants who seek better
living conditions due to deterioration of environmental conditions in their present habitat, such as
soil fertility.7 In the middle of the 19th century, for example, Ireland experienced a famine never
before seen in the country’s history.

War, civil war, political repression or religious conflicts:


Some migrants are impelled to cross national borders by war or persecution, due to political, social,
ethnic, religious reasons. These immigrants may be considered refugees if they apply for asylum
in the receiving country.

6
http://religiouslife.princeton.edu/sites/default/files/pdfs/Root%20Causes%20of%20Forced%20Migration.pdf
7
https://en.wikipedia.org/wiki

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Development-induced displacement:
Such displacement or population transfer is the forcing of communities and individuals out of their
homes, often also their homelands, for the purposes of economic development. It has been
historically associated with the construction of dams for hydroelectric power and irrigation
purposes but also appears due to many other activities, such as mining and transport (roads, ports,
airports). The best-known recent example of such development-induced displacement may be that
resulting from the construction of the Three Gorges Dam in China. This type of forced migration
disproportionately affects low income earners and ethnic minorities. According to estimates,
between 90 and 100 million people were forced to leave their homes due to development projects
in the 1990s.8
Human trafficking and human smuggling:
Migrants displaced through deception or coercion with purpose of their exploitation fall under this
category. The data on such forced migration are limited since the activities involved are clandestine
in nature. While migration of this nature is well covered for male migrants (working in agriculture,
construction etc.), same cannot be said for their female counterparts as the market situation for
them might be unscrupulous (sex work or domestic service). The International Labour
Organization considers trafficking an offence against labor protection and denies them the
opportunity of utilizing their resources for their country. ILO’s Multilateral Framework that
recommends, "Governments should formulate and implement, in consultation with the social
partners, measures to prevent abusive practices, migrant smuggling and trafficking in persons; they
should also work towards preventing irregular labor migration.
Slavery:
History's greatest forced migration was the Middle Passage of the Atlantic slave trade during the
15th through the 19th centuries. Of the 20 million Africans captured for the trade, half died in their
forced march to the African coast, and another ten to twenty percent died on slave ships carrying
them from Africa to the Americas.
Ethnic cleansing:

8
"What is forced migration? — Forced Migration Online" - www.forcedmigration.org

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The systematic forced removal of ethnic or religious groups from a given territory by a more
powerful ethnic group, with the intent of making it ethnically homogeneous.9

EFFECTS OF FORCED MIGRATION

The after effects of forced migration can be properly seen on the economy and the social structure
of both the countries (Host Country and the country’s whose citizenship is already existing). The
flow of forced migrants from Syria, Iraq, Afghanistan, Eritrea, Somalia, Mali, and other localities
by conflicts is a human catastrophe of the first order, the cause of the uprooting of millions of
families and of perilous journeys that have led to thousands of deaths.
Forced migrants tend to arrive in places where there are few job opportunities for them. The
problem of finding a livelihood is far more severe in the ten or so poor countries or regions
receiving large numbers of forced migrants than in rich countries which, with few exceptions,
receive tiny numbers of forced migrants relative to their population. In poor countries or regions
receiving large numbers of migrants, the depressing effect on the wages of native unskilled
workers can be extremely severe.
When forced migrants arrive in large numbers in a poor region, they place an enormous strain on
public services and infrastructure and on the public purse, and they can also severely fray the social
and political fabric, leading to deterioration of the investment climate.
Concerns that accepting an increased number of forced migrants in advanced countries will cause
job losses or falling wages, and place an undue burden on the public purse are largely unjustified.
In most instances, in advanced countries, the arrival of young people willing to work is likely to
cause a proportionate expansion of investment and output, and may also accelerate the economy’s
long-term growth rate.10
The global gains from forced migrants settling in the South -- those accruing to the migrant, the
country of origin (through remittances) and the country of destination - are much smaller than from
migrants settling in the North. Though most countries in the South receive very few forced

9
https://www.bbc.co.uk/education/guides/z8g334j/revision/3
10
http://carnegieendowment.org/2016/04/22/economic-impact-of-forced-migration-pub-63421

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migrants, when forced migrants arrive in large numbers in fragile states or regions, net welfare
losses may result.11

Forced migration flows which are mismanaged, as at present, create large negative externalities
for the surrounding region or even for the world. There is no perfect scheme for allocating the
burden, but, absent political solutions to conflicts, any scheme must envisage increased numbers
of refugees settling in the North, redoubled efforts to integrate refugees in their country of asylum,
and increased development aid for the countries in the South with the largest numbers of
refugees.12 Such a scheme is more likely to materialize if it is based on voluntary – rather than
compulsory – targets to welcome refugees and provide aid, and if a new comprehensive framework
for dealing with refugees is adopted.

11
http://siteresources.worldbank.org/TOPICS/Resources/214970-1288877981391/Migration&Development-Ratha-
GFMD_2010a.pdf
12
http://cep.lse.ac.uk/pubs/download/cp297.pdf

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SOME RELEVENT EXAMPLES OF FORCED MIGRATION

SYRIA
Reasons
The Syrian crisis is an on-going armed conflict in Syria between forces loyal to the Ba'ath
government and those opposing them.
In 2016, reports estimated that fatalities caused by the civil war in Syria amounted to 470,000.
An estimated 4.5 million refugees have fled the country, many to neighbouring countries such as
Lebanon and Jordan. The infographic below shows the figures in 2016.
In addition, over six million people are estimated to be internally dispalced within Syria trying to
escape escalating violence.
Effects
A large share of Syrian refugees in Jordan are not in camps and have fled into urban areas, beyond
the reach of direct assistance from the UN and other donors.
Roughly 70 per cent of these refugees are estimated to be hosted in local communities, resulting
in enormous strain on public resources.
This leads to tensions with the native community as resources are strained.

Source: Google Images

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PALESTINIANS TO JORDAN
Reasons
The United Nations Relief and Works Agency (UNRWA) estimates that there are around five
million Palestinian refugees living in various countries in the Middle East.
They fled from their homes during the Arab-Israeli Wars of 1948 and 1967. In both wars, Israel
gained territory previously occupied by Palestinians.
Effects
More than 2 million registered Palestine refugees live in Jordan. Many have been integrated into
Jordanian society, but some 370,000 are still living in refugee camps scattered around the country.
Although UNWRA is responsible for health and social services in the camps, the Jordanian
government has to meet the cost of supplying water, electricity and roads.
RWANDA TO TANZANIA
Reasons
In 1994 there was a bitter civil war in Rwanda between two ethnic groups, the majority Hutu and
the minority Tutsi.
An estimated one million people were killed within a three month period. Subsequently many
refugees, mainly Hutus, fled from Rwanda to neighbouring countries. Approximately two million
went to Zaire and half a million to Tanzania.
Effects
Most of the refugees in Tanzania are found in refugee camps on the western borders of the country.
The arrival of the refugees has had a substantial impact on the environment:
• Deforestation - as refugees seek wood for fuel and for shelter.
• Overgrazing - by the cattle, sheep and goats brought by the refugees.
• Water shortage - resulting from the sudden increase in demand.
• Water pollution - since no proper sanitation system was initially available.
The competition for water and firewood led to conflict between the refugees and the local
population.

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CONCLUSION & SUGGESTIONS

FMO has adopted the definition of ‘forced migration’ promoted by the International Association
for the Study of Forced Migration (IASFM) which describes it as ‘a general term that refers to
the movements of refugees and internally displaced people (those displaced by conflicts) as well
as people displaced by natural or environmental disasters, chemical or nuclear disasters, famine,
or development projects.’ FMO views forced migration as a complex, wide-ranging and
pervasive set of phenomena. The study of forced migration is multidisciplinary, international,
and multisectoral, incorporating academic, practitioner, agency and local perspectives. FMO
focuses on three separate, although sometimes simultaneous and inter-related, types of forced
migration. These three types are categorized according to their causal factors: conflict,
development policies and projects, and disasters.

These three categories of forced migration are often studied by different academic communities;
the causes are addressed by different groups of policy-makers, donors and agencies; and the
consequences addressed by different governmental, inter-governmental and non-governmental
agencies, donors and organizations. FMO attempts to bring together in one place these various
groups, approaches and experiences of all forms of forced migration.

The researcher has found is assumption true for this research work and Hence, the hypothesis is
proved.

There is no suggestions as such by the researcher.

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BIBLIOGRAPHY

WEBSITES:

http://www.forcedmigration.org/about/whatisfm
http://www.encyclopedia.com/social-sciences/encyclopedias-almanacs-transcripts-and-
maps/forced-migration
https://www.bbc.co.uk/education/guides/z8g334j/revision/4
http://www.unhcr.org/3e19ac624(PDF)
http://religiouslife.princeton.edu/sites/default/files/pdfs/Root%20Causes%20of%20Force
d%20Migration.pdf
https://en.wikipedia.org/wiki
http://carnegieendowment.org/2016/04/22/economic-impact-of-forced-migration-pub-
63421
http://siteresources.worldbank.org/TOPICS/Resources/214970-
1288877981391/Migration&Development-Ratha-GFMD_2010a.pdf
http://cep.lse.ac.uk/pubs/download/cp297.pdf

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