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Refugee Rights and the Gendered Nature of Displacement
Context:
- Armed conflicts, violence, human rights abuses, and persecution have led to the forced displacement of 11.73 crore people worldwide by the end of 2023, with 3.76 crore being refugees.
- Rising Numbers: Conflicts such as the Israel-Hamas war, the ongoing Ukraine-Russia war, and threats to Rohingyas are expected to increase the global refugee population significantly.
Gendered Nature of Displacement:
- Female Representation: 46% of refugees registered with UNHCR India are women and girls.
- Disproportionate Burdens: Women are often solely responsible for children, the elderly, and family sustenance.
- Heightened Risks: Women face increased risks of gender-based violence, PTSD, anxiety, and depression compared to men.
- Mental Health Vulnerabilities: Displaced women are twice as likely to exhibit Post-traumatic stress disorder (PTSD) symptoms and four times as likely to suffer from depression.
Challenges in the Refugee Crisis:
- Scale and Resources: Large refugee populations strain host countries’ infrastructure, services, and budgets.
- Integration: Refugees face linguistic, cultural, and economic barriers in host societies.
- Security Concerns: Despite fears, refugees rarely pose security threats.
- Political Backlash: Anti-immigrant sentiments can lead to social tensions.
- Legal Complexities: Determining refugee status and processing asylum claims are lengthy and complex processes.
- Health and Trauma: Refugees often need specialised medical and mental health care due to past violence or persecution.
- Education: Providing schooling for refugee children, especially in emergencies, is challenging.
- International Cooperation: Coordinating responses across countries and organisations is complex.
- Gendered Impact: Women and girls face disproportionate burdens, including caregiving and vulnerability to gender-based violence.
Legal Frameworks and Limitations:
- International Protections: The UN Convention on the Rights of Persons with Disabilities (UNCRPD) and India’s Rights of Persons with Disabilities Act (RPWDA) provide rights to persons with psychosocial disabilities.
- Exclusion of Refugees: Refugee women with psychosocial disabilities in India often do not benefit from these protections due to legal, administrative, and societal barriers.
Challenges in India’s Approach:
- Lack of Specific Refugee Legislation: India is not a party to the 1951 Refugee Convention and its 1967 Protocol and lacks specific domestic legislation for refugees.
- Supreme Court Rulings: The judiciary has affirmed the right to life for all residents, including refugees, under Article 21 of the Constitution.
- Need for a National Asylum Law: A consistent legal framework is necessary to protect refugees and ensure their access to essential services like healthcare and education.
Gendered Challenges for Refugee Women in India:
- Limited Access to Mental Health Services: Barriers include stigma, financial constraints, and language barriers.
- Exclusion from Public Programs: Refugee women with psychosocial disabilities are often excluded from public health and nutrition programs.
- Social Stigma: Women’s experiences are often dismissed in patriarchal societies, leading to unmet mental health needs.
International Cooperation and Research:
- Global Development Agenda: Forced displacement is a priority in global development, with significant funding from organisations like the World Bank’s IDA.
- Gender-Sensitive Policies: Research highlights the need for gender-sensitive policies and programs to address the amplified barriers faced by women during displacement.
India’s Legislative Framework:
- Foreigners Act of 1946: Empowers the Central government to detect, detain, and deport illegal foreign nationals.
- Citizenship Amendment Act, 2019 (CAA): Aims to provide citizenship to persecuted immigrants from certain religious groups but excludes Muslim refugees like Rohingyas.
Conclusion:
The rising global refugee population, especially among women with disabilities, necessitates closing gaps in legal protection and support to uphold humanitarian values and international commitments. Addressing these challenges requires a gender-sensitive, legally robust approach in India and globally.
