On India’s obligations towards the Rohingya

On India’s obligations towards the Rohingya

Sub : IR

Sec: Int Conventions

Context:

• A recent study examining the plight of Rohingya refugees detained in India, conducted jointly by The Azadi Project and Refugees International has highlighted “gross violations of constitutional and human rights” and criticised India’s failure to uphold its obligations under international human rights treaties.

Protection for Rohingya refugees under international law:

• 1951 Refugee Convention and 1967 Protocol:
  • Enshrine the principle of non-refoulement, which prohibits states from expelling individuals under their jurisdiction when substantial evidence suggests they would face persecution, torture, or other severe human rights violations upon return.
  • Recognized as customary international law, binding on all states irrespective of formal assent.
• International Covenant on Civil and Political Rights (ICCPR): Article 7 prohibits refoulement to places of torture or inhuman treatment.
• Convention on the Elimination of All Forms of Racial Discrimination: Implicitly incorporates the principle of non-refoulement as part of its commitment to combat racial discrimination and ensure the protection of individuals at risk of harm due to racial or ethnic grounds.
• Convention on the Rights of the Child: The convention, ratified by nearly all countries including India, incorporates the principle of non-refoulement to protect children from being returned to situations where their fundamental rights would be at risk.
• Convention Against Torture:
  • Non-refoulement explicitly mentioned under Article 3.
  • India is a signatory but has not ratified.
• International Convention for the Protection of All Persons from Enforced Disappearance: Article 16 explicitly prohibits states from expelling, returning, surrendering, or extraditing individuals to another state where there are substantial grounds to believe they would face the risk of enforced disappearance.

India’s stand:

• India, not a party to the Refugee Convention or other key treaties like the Convention Against Torture, argues it is under no legal obligation to provide asylum or adhere to non-refoulement.