Since then, refugees have been considered more as individuals than groups denied protection.12 It also marked the beginning of the standardized protection framework that culminated in the 1951 Refugee Convention and the Protocol. 17 Article 5 of the Refugee Convention entitles refugees to rights in addition to the Refugee Convention. Against the backdrop of the international framework, South Asian countries have been unable to adopt a comprehensive legal framework for refugee protection for several reasons.
These sections will analyze the treatment of refugee groups that constitute cultural, religious, linguistic or other forms of minorities in South Asian countries. LEGAL STATUS OF REFUGEES IN INDIA: OVERVIEW OF THE LEGAL AND ADMINISTRATIVE FRAMEWORK India has not ratified the Convention or has any statutory framework for the protection of refugees. Lack of balance between the rights and obligations of the recipient state and the state of origin.
The Indian version of the Model Law framed a broader definition of refugees than under the Refugee Convention.39. No legislative framework has been developed to identify and determine status or outline protection measures.54 The discretionary treatment of the refugees can be gauged from the discussions in the next sections. Other groups such as Tibetans, Tamils, Chakma, Pakistani and Bangladeshi Hindus are the direct concern of the Indian government and UNHCR has very little to do in the whole process except to assist in cases of repatriation.
There was also a further movement of refugees from Bangladesh in 1986 from the Chittagong Hill Tracks in Tripura, located in North East India when the government of Tripura arranged rehabilitation packages for these people.59 Mass refugee groups were absorbed in India against the background of the Liberation War of Bangladesh,.
LEGAL SITUATION OF REFUGEES IN PAKISTAN AND BANGLADESH: THE CASE OF AFGHAN AND ROHINGYA
REFUGEES REGIMES IN OTHER SOUTH ASIAN COUNTRIES
Afghanistan's inclusion in SAARC in 2005 should not be confused with its geographic location in Central Asia. In the region, Sri Lanka is not seen as a popular host country among the number of 'persons of concern' reported in UNHCR population statistics. There is a strong demand from the international community and local human rights actors to operationalize national policies on sustainable solutions for displaced persons affected by conflicts and to implement the recommendations of the Statelessness Report.120.
The Maldives is not a signatory to the 1951 Refugee Convention or the 1967 Protocol and has no national legal regime for refugees. Even though UNHCR receives asylum claims, it has no direct relationship with the government of the Maldives.123 As a result, it has no estimates of the number of asylum seekers in the country or their current status.124 UNHCR for the Maldives works remotely from the office in New Delhi in India and tried to open a dialogue with the authorities about a protection mechanism. Recently, UNHCR New Delhi was contacted on two occasions by family members of asylum seekers detained in the Maldives for illegal entry/exit.
It remains reluctant to allow asylum seekers and refugees to remain in the Maldives without a refugee protection regime. In addition, UNHCR is not aware of the exact number of asylum seekers in the Maldives as there is no established information sharing platform. To develop conducive asylum systems in the Maldives that allow for a joint and comprehensive response, including capacity development, UNHCR has launched a preparatory dialogue with the Maldivian authorities.
It is not a signatory to the 1951 Refugee Convention and the 1967 Protocol does not have any law for refugees. Due to the change in citizenship laws, the Nepali-speaking Hindu minority population was expelled from Bhutan and approximately 100,000 refugees sought refuge in Nepal.129. As discussed earlier, many Lhotsampas became stateless due to a sudden change of citizenship law in Bhutan in the 1990s.
After a citizenship deadline was introduced, Bhutanese authorities conducted a census in the southern districts, where everyone had to prove legal residence through government documents issued on or before 1958. The crossing of the population from Bhutan to Nepal in the late 1990s caused great tensions between the two countries. 129 The Lhotshampa, an ethnic group originating in Nepal, were expelled from Bhutan in an attempt by the government to preserve national identity.
CONCLUSION
It is very difficult to give an overall picture of refugee protection in the subcontinent, and the great diversity that characterizes this region makes the task very difficult. The effort was only to highlight when any unified regional refugee protection system existed in South Asia and how the protection mechanism fared on the "friendliness scale". Therefore, the "friendliness" of refugee protection regimes in South Asia is "calculated" through these factors.
The flow of refugees and migratory movements in South Asian countries is not expected to stop. These should consist of respect for basic human rights and values, which will free them from the stigma of adopting a "calculated kindness" approach to refugee groups. 134 See Beena Karad, "Migration And Security In South Asia", World Affairs: The Journal of International.
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Stateless Refugees and the Right of Return: The Bihari Refugees in South Asia - Part 2." International Journal of Refugee Law. Zahed MD, 'A Theoretical Analysis of Stranded Biharis in Bangladesh: Quest for Nationality Since Four Decades', International Journal of Advanced Research. The International Law of Refugee Protection” in Oxford Handbook of Refugee and Forced Migration Studies, edited by Elena Fiddian-Qasmiyeh, Gil Loescher, Katy Long and Nando Sigona.
