Kuki-Chin Refugees and the Issue of refugees in India : Daily Current Affairs

Date: 09/01/2023

Relevance: GS-1: Population and associated issues.

Relevance: GS-2: India and its neighborhood- relations; Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Key Phrases: Cross border refugees, Kuki-Chin refugees, Chittagong Hill Tracts (CHT), 1951 Refugee Convention, Kuki-Chin National Front (KNF), United Nations High Commissioner for Refugees (UNCHR).

Context:

  • Recently, in the media it was alleged that several Kuki-Chin refugees were “pushed back” by the Border Security Force (BSF) personnel at the Indo-Bangladesh border in Mizoram.

Background:

  • Hundreds of refugees have landed in Mizoram from Bangladesh following an intensive operation by Bangladeshi security forces against militants.
  • According to the government officials these refugees mainly of Kuki-Chin community have crossed the border at Lawngtlai near the trijunction of India, Myanmar and Bangladesh in south Mizoram.
  • The issue has been politicized on the grounds of Kuki-Chin being ‘ethnic Mizos’ and subsequently not allowed to enter Mizoram by the BSF.
  • Although the BSF officials refuted the claims and stated that the refugees were offered food and medical supplies, they left when they were told that entering into India would amount to them being illegal immigrants.

1951 Refugee Convention

  • The 1951 Refugee Convention is a UN treaty that defines who a refugee is and establishes the rights of such persons and also of those who are granted asylum.
  • It is the main legal document that governs the working of the UNHCR.
  • It is also called the Convention Relating to the Status of Refugees or the Geneva Convention of 28 July 1951.
  • The Convention is both a status and rights-based instrument and is underpinned by a number of fundamental principles, most notably non-discrimination, non-penalization and non-refoulement.
    • Non-refoulement is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in likely danger of persecution based on “race, religion, nationality, membership of a particular social group or political opinion”.
  • India is not a signatory to the 1951 Refugee Convention.

Who are Kuki-Chins?

  • Kuki-Chin, is a Christian community from Bangladesh’s Chittagong hill tracts (CHT).
  • It shares close ethnic ties with people in Mizoram and is largely Christian.
  • Although the Chin-Kuki group consists of Gangte, Hmar, Paite, Thadou, Vaiphei, Zou, Aimol, Chiru, Koireng, Kom, Anal, Chothe, Lamgang, Koirao, Thangal, Moyon and Monsang.
    • The term Chin is used for the people in the neighbouring Chin state of Myanmar whereas Chins are called Kukis on the Indian side.
    • Other groups like Paite, Zou, Gangte, and Vaiphei identify themselves as Zomi and have distanced themselves from the name, Kuki.
  • The refugees were first noticed in November 2022 in the aftermath of an action by the Bangladesh Rapid Action Battalion against some insurgents belonging to the group.

Why are the Kuki-Chins facing action from Bangladeshi forces?

  • Bangladesh’s CHT is home to a dozen Buddhist and Christian ethnic groups collectively known as the Jumma people.
  • The Kuki-Chins have organized themselves under the umbrella of Kuki-Chin National Front (KNF), which was formed to carve out an autonomous state encompassing areas from Rangamati and Bandarban in Bangladesh’s CHT and safeguard the interests of the community.
  • The KNF operates an outfit known as the Kuki-Chin National Army (KNA) as the armed wing of the Kuki-Chin National Front (KNF) to realize its goals.
  • The KNA has been alleged–to have links with an Islamist group, forged ties with rebel groups in India’s northeast and Myanmar, involved in cross-border activities and murdering civilians in Bangladesh.
  • In the garb of all these allegations the Rapid Action Battalion (RAB) of Bangladesh forces has launched attacks on groups, arrested community members and has been on offensive for the last 10 months.

What is the role of India?

  • Close ties with North East India
    • Many of these refugees like the other refugees share close religious and cultural ties with Indian people in the North- East.
    • Even many are involved in commerce and interpersonal relations.
    • Thus the government is pressurized at times from locals to provide a passage and refugee to such migrants.
  • Political implications
    • Sometimes elected representatives from North East politicize the issue and advocate the refugee of such migrants and the government has to concede the demand.
    • For Instance in this case a Rajysabha MP is pressing for the safe passage of these Kuki-Chin refugees citing ‘discrimination on ethnic grounds'.

Impact of refugees in India

  • Undermined national security
    • Illegal immigrants and refugees undermine the national integrity in many ways and have serious national security ramifications and pose serious security threats.
  • Law and Order issues
    • The rule of law and integrity of the country are undermined by the illegal migrants who are engaged in illegal and anti-national activities.
    • They are engaged in entering the country clandestinely, fraudulently acquiring identity cards, exercising voting rights in India and resorting to trans-border smuggling and other crimes.
  • Human trafficking
    • In the recent decades, trafficking of women and human smuggling have become quite rampant across the borders.
    • Poverty and hunger forces either the parents to sell the girls to traffickers or the girls themselves leave home and fall prey to traffickers.
  • Clash of Interests
    • It impacts the interests of local populations in the areas seeing large-scale influxes of illegal immigrants.
  • Rise of Militancy
    • The persistent attacks against the Muslims perceived as illegal migrants in Assam has given way to radicalisation.
    • This has led to formation of militant organizations, such as the Muslim United Liberation Tigers of Assam (MULTA).

United Nations High Commissioner for Refugees (UNCHR)

  • The United Nations High Commissioner for Refugees (UNHCR) is a UN Refugee Agency.
  • It is a global organization dedicated to saving lives, protecting the rights and building a better future for refugees, forcibly displaced communities and stateless people.
  • It was created in 1950 to help millions of Europeans who had fled or lost their homes.
    • It is headquartered at Geneva, Switzerland.

Framework to deal with refugees in India

  • Constitutional provisions
    • Article 51 states that the state shall endeavour to foster respect for international law and treaty obligations in the dealings of organized people with one another but there is no concrete provision on refugees.
    • Although law and order is a State subject under the Indian Constitution, international relations and international borders are under the exclusive purview of the Union government.
  • Legal provisions
    • India is not a signatory to the 1951 United Nations Convention and 1967 Protocol Relating to the Status of Refugees, and it does not have a national law on refugees as of now.
    • The issues related with refugees are dealt with existing laws governing Indian Citizenry such as The Citizenship Act, 1955, The Land Acquisition Acts, The Foreigner’s Tribunals of 1964 and some specific procedures such as NRC in Assam and Multipurpose Identity Card etc.

Conclusion

  • Despite being a developing and most populous country India has always been generous towards refugees but such policy cannot sustain for long given the present geo-economic and geo-political developments.
  • There is an imminent need that India comes with a clear policy and legislation to deal with cross border refugees.

Source: The Hindu

Mains Question:

Q. Give an account of India’s policy on refugees. Suggest measures to deal with the increased influx of refugees in India’s north east region. (250 words)