REFUGEE: OVERALL OVERVIEW

A refugee, conventionally speaking, is a person who has lost the protection of their country of origin and who cannot or is unwilling to return there due to well-founded fear of persecution. Such a person may be called an asylum seeker until granted refugee status by the contracting state or the United Nations High Commissioner for Refugees (UNHCR) if they formally make a claim for asylum.

A refugee is someone who has been forced to flee his or her country because of persecution, war or violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group. Most likely, they cannot return home or are afraid to do so. War and ethnic, tribal and religious violence are leading causes of refugees fleeing their countries.

ETYMOLOGY AND USAGE

In English, the term refugee derives from the root word refuge, from Old French refuge, meaning "hiding place". It refers to "shelter or protection from danger or distress", from Latin fugere, "to flee", and refugium, "a taking [of] refuge, place to flee back to". In Western history, the term was first applied to French Protestant Huguenots looking for a safe place against Catholic persecution after the first Edict of Fontainebleau in 1540.The word appeared in the English language when French Huguenots fled to Britain in large numbers after the 1685 Edict of Fontainebleau (the revocation of the 1598 Edict of Nantes) in France and the 1687 Declaration of Indulgence in England and Scotland. The word meant "one seeking asylum", until around 1916, when it evolved to mean "one fleeing home", applied in this instance to civilians in Flanders heading west to escape fighting in World War I.

DEFINITIONS

The first modern definition of international refugee status came about under the League of Nations in 1921 from the Commission for Refugees. Following World War II, and in response to the large numbers of people fleeing Eastern Europe, the UN 1951 Refugee Convention defined "refugee" (in Article 1.A.2) as any person who:

owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

In 1967, the definition was basically confirmed by the UN Protocol Relating to the Status of Refugees.

People fleeing from war, natural disasters or poverty are generally not encompassed by the international right of asylum. However, many countries have implemented laws to protect also those displaced persons.

Accordingly, the Convention Governing the Specific Aspects of Refugee Problems in Africa expanded the 1951 definition, which the Organization of African Unity adopted in 1969:

Every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.

The 1984 regional, non-binding Latin-American Cartagena Declaration on Refugees includes:

persons who have fled their country because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order.

As of 2011, the UNHCR itself, in addition to the 1951 definition, recognizes persons as refugees:

who are outside their country of nationality or habitual residence and unable to return there owing to serious and indiscriminate threats to life, physical integrity or freedom resulting from generalized violence or events seriously disturbing public order.

European Union's minimum standards definition of refugee, underlined by Art. 2 (c) of Directive No. 2004/83/EC, essentially reproduces the narrow definition of refugee offered by the UN 1951 Convention; nevertheless, by virtue of articles 2 (e) and 15 of the same Directive, persons who have fled a war-caused generalized violence are, at certain conditions, eligible for a complementary form of protection, called subsidiary protection. The same form of protection is foreseen for displaced people who, without being refugees, are nevertheless exposed, if returned to their countries of origin, to death penalty, torture or other inhuman or degrading treatments.

REFUGEE LAW

Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.

The discussion forms part of a larger debate on the fragmentation of international law. While some scholars conceive each branch as a self-contained regime distinct from other branches, others regard the three branches as forming a larger normative system that seeks to protect the rights of all human beings at all times. The proponents of the latter conception view this holistic regime as including norms only applicable to certain situations such as armed conflict and military occupation (IHL) or to certain groups of people including refugees (refugee law), children (the Convention on the Rights of the Child), and prisoners of war (the Geneva Convention (III) relative to the Treatment of Prisoners of War).

HUMAN RIGHTS AND REFUGEE LAW

Human rights are the rights that a person is guaranteed by way of birth. The following are universal human rights that are most relevant to refugees:

·       The right to freedom from torture or degrading treatment

·       The right to freedom of opinion and expression

·       The right to freedom of thought, conscience, and religion

·       The right to life, liberty, and security

·       Freedom from discrimination

·       The right to asylum

Refugee law and international human rights law are closely connected in content but differ in their function. The main difference of their function is the way in which international refugee law considers state sovereignty while international human rights law do not. One of the core principles of international refugee law is the prohibition on refoulement (or the expulsion or return of a refugee), which is the basic idea that a country cannot send back a person to their country of origin if they will face endangerment upon return. In this case, a certain level of sovereignty is taken away from a country. This basic right of non-refoulement conflicts with the basic right of sovereign state to expel any undocumented aliens.

LAWS RELATED TO REFUGEES

The legal framework for refugees is primarily established through international law, with the 1951 Refugee Convention and its 1967 Protocol being central to the protection of refugees. Here are key elements and legal instruments related to refugees:

• 1951 Refugee Convention and 1967 Protocol: The Refugee Convention defines who is a refugee and outlines the rights of refugees and the legal obligations of states to protect them. The Protocol, which removed geographical and temporal restrictions from the Convention, expanded its scope. Both documents form the cornerstone of international refugee law.
•  Principle of Non-Refoulement: This principle, enshrined in the Refugee Convention, prohibits the expulsion or return ("refoulement") of a refugee to a territory where their life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion.
• UNHCR (United Nations High Commissioner for Refugees): The UNHCR is the UN agency responsible for protecting and assisting refugees. It works to ensure that refugees' rights under international law are respected and helps find durable solutions to their situations.
• Asylum Procedures: Countries often have their own national laws and procedures for granting asylum to refugees. These procedures vary, but they generally involve an assessment of the individual's claim for refugee status.
• Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT): While not specific to refugees, CAT prohibits the return of individuals to a state where there are substantial grounds for believing they would be subjected to torture.
• International Human Rights Law: Refugees are also protected by various international human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
• Regional Agreements: In addition to international instruments, regional agreements, like the African Union Convention Governing the Specific Aspects of Refugee Problems in Africa, provide a framework for the protection of refugees in specific regions.

It's important to note that while there are comprehensive international and regional frameworks, the actual implementation of refugee protection often depends on the willingness of individual countries to adhere to these agreements and uphold the rights of refugees within their borders. Enforcement and compliance can vary, leading to disparities in the treatment of refugees across different regions and countries.

LAWS RELATED TO REFUGEES IN NEPAL

The country has dealt with refugees, particularly those from Bhutan and Tibet, and has generally cooperated with the United Nations High Commissioner for Refugees (UNHCR) in managing refugee situations.

Here are some relevant international legal instruments and frameworks to which Nepal is a party:

•   1951 REFGUEE CONVENTION AND 1967 PROTOCOL: Nepal is a signatory to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol. While these instruments do not form part of Nepal's domestic law, they provide the basis for international standards on the treatment of refugees.
• PRINCIPLE OF NON-REFOULEMENT: The principle of non-refoulement, which prohibits the expulsion or return of refugees to a territory where their life or freedom would be threatened, is a fundamental aspect of refugee protection under international law.
•  UNHCR PRESENCE: The UNHCR operates in Nepal and collaborates with the government on refugee issues. UNHCR's presence is important for coordinating assistance to refugees and advocating for their protection
• ASYLUM PROCEDURES: While Nepal does not have a dedicated asylum law, it has implemented asylum procedures in collaboration with the UNHCR. These procedures involve the assessment of asylum claims and determining the refugee status of individuals.
• REGIONAL FRAMEWORKS: As part of the South Asian region, Nepal is involved in regional dialogues and frameworks that may address refugee issues. However, there is no comprehensive regional treaty specifically dedicated to the protection of refugees. It's crucial to note that the legal situation can change, and new developments may occur. For the most current and specific information regarding the legal status and treatment of refugees in Nepal, it is advisable to consult official government sources, the UNHCR, and other relevant international organizations working in the field of refugee protection.

GLOBAL PERSPECTIVE ON REFUGEES

The global perspective on refugees is diverse and complex, reflecting a range of attitudes, policies, and approaches among countries and international organizations. While there is a shared recognition of the need to protect and assist refugees, the response to refugee issues can vary based on geopolitical considerations, economic factors, and domestic political climates. Here are some key aspects of the global perspective on refugees:

•  International Solidarity: There is a general understanding that the issue of refugees requires international cooperation and solidarity. The United Nations, through the UNHCR, plays a central role in coordinating and advocating for a unified response to refugee situations. The Global Compact on Refugees, adopted in 2018, is an example of an international framework aimed at fostering greater cooperation and burden-sharing among countries.
•  Challenges of Forced Displacement: The global community recognizes the challenges posed by forced displacement, including the impact on individuals and host countries. The humanitarian community works to provide assistance to refugees, address their immediate needs, and seek durable solutions to their displacement.
•  Mixed Migration Flows: In recent years, there has been an increased recognition of the complexity of migration flows, which often include a mix of refugees, asylum-seekers, and economic migrants. This has led to discussions about the need for comprehensive and nuanced approaches that take into account the different motivations for migration.
• Protection Gaps and Challenges: Despite international legal frameworks, there are significant protection gaps for refugees. Some refugees face difficulties accessing asylum procedures, protection from refoulement, and adequate living conditions. Additionally, protracted conflicts and crises have led to prolonged displacement, challenging efforts to find durable solutions.
• Humanitarian Response: The global perspective emphasizes the importance of humanitarian assistance in responding to refugee crises. Humanitarian organizations provide essential services such as shelter, food, healthcare, and education to refugees, often in collaboration with host governments and communities.
• Local Integration and Resettlement: Efforts to promote local integration in host countries and third-country resettlement are part of the global discourse on finding durable solutions for refugees. However, political and social factors can influence the willingness of countries to accept refugees for permanent resettlement.
• Security Concerns and National Sovereignty: Some countries express concerns about security risks associated with the movement of refugees, and this can influence their approach to refugee policies. National sovereignty and the right to control borders are often cited as factors that shape countries' responses to refugee influxes.
• Public Perception and Political Dynamics: Public opinion and political considerations play a significant role in shaping the response to refugees. Negative perceptions of refugees, fueled by misinformation or xenophobia, can influence government policies and impact the reception of refugees in host communities.

In summary, the global perspective on refugees involves a mix of shared commitments to international protection principles, challenges in implementation, and varying national and regional approaches based on political, economic, and social factors. Ongoing dialogue and collaboration at the international level are crucial for addressing the complexities of refugee issues and ensuring the rights and well-being of displaced populations.

CHALLENEGES FACED BY REFUGEES

Refugees face a multitude of challenges as they navigate displacement and seek to rebuild their lives in a new environment. The challenges often go beyond the immediate need for shelter and food and extend to psychological, social, and cultural dimensions. Here are some common challenges faced by refugees:

• Lack of Familiar Support Networks: Refugees are often separated from their extended families and familiar social networks, leading to feelings of isolation.
• Cultural Shock: Adjusting to a new culture and lifestyle can be overwhelming, causing stress and anxiety.
• Separation from Loved Ones: Many refugees experience separation from family members during the migration process, contributing to feelings of loneliness.
• Loss of Community: Displacement often results in the loss of community and social ties, making it challenging to establish a sense of belonging.
• Xenophobia and Racism: Refugees may face discrimination and hostility based on their refugee status, ethnicity, or nationality.
• Language Barriers: Communication difficulties due to language barriers can exacerbate feelings of exclusion.
• Experiences with Authorities: Refugees may face harassment from law enforcement or authorities in host countries, leading to a lack of trust in the legal system.
• Peer and Adult Harassment: Both peers and adults may subject refugee individuals, especially children, to bullying or harassment.
• Cultural Differences: Refugees may struggle to adapt to cultural norms and expectations in the host country, leading to a sense of not fitting in.
• Generational Gaps: Children and adolescents may find it challenging to bridge generational and cultural gaps between their experiences and those of their parents.
• Occupational Downgrading: Refugees may experience a loss of professional or occupational status due to difficulties in having foreign qualifications recognized or language barriers.
• Economic Challenges: Economic instability and limited access to resources can contribute to a decline in social status.
• Psychological Impact: Many refugees have experienced traumatic events in their home countries, and the migration process itself can contribute to mental health challenges.
• Post-Traumatic Stress Disorder (PTSD): Exposure to violence, persecution, or displacement can lead to PTSD and other mental health disorders.
• Limited Access to Healthcare and Education Refugees may face challenges in accessing essential services such as healthcare and education, impacting their overall well-being.
• Asylum Procedures: Navigating complex asylum procedures and legal systems can be daunting for refugees.
• Lack of Documentation: Limited or lack of official documents can hinder access to rights and services.
• Separated Families: The process of reuniting with family members separated during migration can be prolonged and emotionally taxing.

Addressing these challenges requires comprehensive support systems, including mental health services, cultural integration programs, educational opportunities, and anti-discrimination measures, to help refugees rebuild their lives and contribute positively to their new communities.

In conclusion, the global and Nepal-specific challenges faced by refugees highlight the complexity of forced displacement and the need for comprehensive, collaborative solutions. Globally, refugees confront issues ranging from protection gaps and forced displacement to humanitarian needs and psychosocial trauma. Durable solutions, such as voluntary repatriation, local integration, and resettlement, remain elusive for many.

In the context of Nepal, challenges include the protracted situation of Bhutanese refugees, limited legal frameworks, resource constraints, vulnerability to natural disasters, and restricted employment opportunities. Political sensitivities in the region also contribute to the complexities of refugee situations.

Addressing these challenges requires a multi-faceted approach that involves international cooperation, respect for human rights, and a commitment to finding durable solutions. Efforts should focus on strengthening legal protections, improving living conditions, addressing humanitarian needs, and fostering social and economic integration. Additionally, recognizing the resilience and agency of refugees and involving them in decision-making processes is essential for effective and sustainable solutions.

While progress has been made in certain areas, ongoing commitment from governments, international organizations, and local communities is crucial to mitigating the challenges faced by refugees and ensuring their rights and dignity are upheld. The global community must work together to create environments where refugees can rebuild their lives and contribute positively to their host communities.

The challenges faced by refugees on a global scale, and specifically in the context of Nepal, underscore the urgent need for coordinated and compassionate responses. The complexities of forced displacement, compounded by political, economic, and social factors, demand a multifaceted approach that prioritizes human rights, protection, and sustainable solutions.

Globally, refugees grapple with protection gaps, protracted displacement, humanitarian needs, and the psychological toll of traumatic experiences. The quest for durable solutions remains a pressing challenge, requiring a commitment to international cooperation and the alleviation of xenophobia and discrimination.

In Nepal, the unique circumstances surrounding Bhutanese refugees, coupled with limited legal frameworks and resource constraints, emphasize the need for tailored solutions. Vulnerabilities to natural disasters and restricted employment opportunities further contribute to the intricate landscape of refugee challenges in the country.

To address these issues effectively, there must be ongoing collaboration between governments, international organizations, and local communities. Strengthening legal protections, improving living conditions, and promoting economic and social integration are essential components of a comprehensive strategy. Recognizing the agency and resilience of refugees is paramount, as is the active involvement of displaced populations in decision-making processes.

Ultimately, the global community must reaffirm its commitment to upholding the rights and dignity of refugees. By fostering an environment that encourages empathy, understanding, and shared responsibility, we can work towards overcoming the challenges faced by refugees and building a more inclusive, humane world.

The issue of refugees is a complex and multifaceted challenge that demands global attention, cooperation, and empathy. As individuals and communities are forced to flee their homes due to conflict, persecution, and other crises, the international community faces the responsibility to provide protection, support, and durable solutions.

Refugees encounter a myriad of challenges, including legal uncertainties, limited access to essential services, and the psychological impact of displacement. Xenophobia and discrimination in host communities further compound the difficulties faced by those seeking safety and asylum.

Efforts to address the refugee crisis require a holistic approach. This includes the implementation and reinforcement of international legal frameworks, collaborative initiatives among nations, and a commitment to upholding the rights and dignity of displaced individuals. The principles of non-refoulement and providing access to fair and efficient asylum processes are fundamental in ensuring the protection of refugees.

Beyond legal considerations, there is a need for humanitarian aid, economic support, and initiatives promoting the social integration of refugees. Recognizing the resilience and agency of refugees, involving them in decision-making processes, and fostering understanding in host communities are vital steps toward building a more inclusive and compassionate global society.

As the world continues to grapple with the challenges of forced displacement, it is essential for nations to work together to address the root causes of conflicts, promote peace, and create conditions that allow individuals to rebuild their lives and contribute positively to their new communities. In doing so, the international community can strive to meet the aspirations of a world where the rights and well-being of all individuals, including refugees, are respected and protected.