On a tourist visa, a visitor, refugee, or asylum-seeker? What exactly?

Raju Korti
The clarification by the Government of India on Bangladesh's former Prime Minister Sheikh Hasina staying in India longer than expected, once again brings into sharp focus the necessity for at least some workable protocol on the issue of refugees or asylum seekers. For the record, as it has been given to understand, Hasina's stay has been granted on visa and is not in the category of a refugee or asylum. The deposed Prime Minister is now in India along with her sister after fleeing from a chaos that has multiple dimensions to it.

Hasina, a file grab from Doordarshan.

There were reports that she might seek asylum in UK where her niece is a Labour Party member but it doesn't seem to be working out. She is now believed to be angling for the UAE or some amenable European country to provide shelter. If her safe departure is not working out in any country at the moment is because there are no refugee or asylum laws in India. The official take is that such laws have deliberately not been brought in for reasons that are not far to seek. The only exception is Dalai Lama, who enjoys his residence in India as government's policy decision.

The apprehensions are, asylum and refugee laws are a global issue, creating problems worldwide. Authorities fear that once refugee or asylum status is given, they demand rights and go to courts, creating more problems. The government's policy of allowing to stay someone in the country on a case-to-case basis, sums up the play-it-safe approach and not go in for a specific law. In India's case, it has a more serious implications given the kind of neighbours it is condemned to put up with. The UK is already ruing its decision and is contemplating of repealing the asylum law after being rocked by riots by immigrants/asylum seekers.

In my blog on September 9, 2015, I had stated that the bigger question was how should humanity deal with a crisis of plenty unleashed by wars, ethnic strife and civil warns. As the situations stands, thousands of such people cross borders to either find respite or foment trouble, and even at the governmental level, it is difficult to discern who is who. Opinions, of course, vary from case to case. From suggesting Europe and the US to step up to pleading rich Gulf countries using their enormous wealth, there is a spectrum, but international diplomacy and politics are not necessarily guided by compunctions or human conscience. 

As the issue of refugees or asylum seekers escalates into a profound global crisis, it accentuates the intricate interplay or geopolitical, economic and human factors, which means nations are in a state of perpetual dilemma of dealing with it. As conflicts, persecution and environmental disasters force millions to flee their homes, the international community faces mounting pressure to address the issue. The international response varies significantly, ranging from open-door policies to restrictive measures. This disparity not only highlights the uneven distribution of responsibility but also underscores the challenges of creating a cohesive, effective global strategy for refugee management. 

The ramifications of the refugee crisis extends far beyond immediate humanitarian concerns. Economically, countries hosting large refugee influx grapple with the costs of providing food and shelter, healthcare and education. This puts an untold burden on the state's coffers and infrastructural resources although there is an argument that refugees can contribute positively to the economy through labour and entrepreneurship. Above all, politically, the influx of refugees fuels debates about national security, cultural identity, and immigration policy, often leading to heightened tensions and polarizations within the societies.     

It is obvious that on a broader scale, the international legal framework designed to protect refugees faces significant strains. This is evident from the fact that the 1951 Refugee Convention and its 1967 Protocol establishing essential principles for refugee protection, has suffered from inconsistent implementation. Most countries find it tricky to adhere to these standards in the midst of popular sentiments and political pressures. The United Nations High Commissioner for Refugees (UNCHR) stands hampered because of limited resources and the complex realities of modern displacement.

India has learnt its lesson, thanks to Bangladesh that fragmented from Pakistan in 1971 when lakhs of refugees spilled across to India ostensibly to escape Pakistan Prime Minister Bhutto's tyranny. India accommodated them all as guests in a humanitarian gesture. The irony of this all is the country India helped liberate is itself in throes of uncertainty. The refugee issue is now more of a security issue.

The teams are the same but the players are different and the pitch even more queered. A result is anybody's guess. Hasina is just a spot in that unpredictable pitch.