Critical Analysis of Refugee Protection in South Asia

Veerabhadran Vijayakumar..


Many countries in Asia and all the countries
in South Asia have not acceded to
the Refugee Convention of 1951 or the
Protocol of 1967 in spite of the fact that
a large number of refugees come from
this region. The reasons for not ratifying
them are not clear even though many
international human rights instruments
have been ratified by many of
them. The probable reasons for not ratifying
the Refugee Conventionor the Protocol,
the lack of any regional approach
or national legislation to address the
problem, the contribution made by the
international community to the crises in
this region, nature of protection, the
extent of rights available to the refugees
and a brief comparison between the
Northern and Southern perspectives
have also been explained. Some of the
important judicial decisions from India
have been relied upon to appreciate the
developments. This article concludes by
emphasizing that through a comparative
analysis of both the Northern and
Southern perspectives relating to the
protection of refugees, each can benefit
from the experiences of the other, improve
and build a scheme to care for the
millions of refugees as well as others of
concern in the new millennium.

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