LEGAL FRAMEWORKS AND LIVED REALITIES: CASE STUDY OF ROHINGYA REFUGEES IN CHENNAI, INDIA

*Sandra Sajeev D Costa has completed her Master degree in International Relations from Loyola College, Chennai, India in May 2023.

*Trinee A. has completed his Master degree in International Relations from Loyola College, Chennai, India in May 2023.

*Kavin S. has completed his Master degree in International Relations from Loyola College, Chennai, India in May 2023.

Abstract

This article focuses on the social conditions of Rohingya refugees living primarily in Kelambakkam, Chennai. After entering India through West Bengal, the Rohingyas migrated to different parts of the country. While a huge population of them remained in the northern parts of the country like Jammu and Delhi, a few of them moved to Hyderabad and Chennai. This article is the result of in-person interviews with the refugees settled in Chennai and a phone interview with one of the refugees residing in Hyderabad.

Introduction

A refugee is defined in the 1951 Refugee Convention 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.”¹ The state of refugees in international law was and still remains to be in contention. There are international laws that safeguard the character of refugees but the expediency of this character varies across regions and states. International Law relating to refugees can be broken down into four different categorical sources- refugee law, human rights law, humanitarian law, and customary international law. The 1951 Refugee Convention Relating to the Status of Refugees and its 1967 Protocol are considered proper in international law’s positivist jurisprudence but these laws are binding only upon the states that are signatory to this convention.

Therefore, our focus State India not having signed this convention is not legally obligated to protect refugees. Nonetheless, other sources of international law or standards of international law demand that States protect these people under the umbrella of human rights law, humanitarian law, and customary international law. Since what is considered to be proper law is not accepted by our focus State, there is no manifestation of municipal laws which makes it complicated for the refugees seeking refuge as they often fall victims to common practices that are vulnerable to varied interpretations. The question of refuge is widely miscellaneous in the sense that each kind (origin) of refugee is treated differently. India hosts refugees from Sri Lanka, Tibet, Myanmar, and Afghanistan to name a few. The refugees are placed broadly under 3 categories:

Category 1 – refugees receive full protection from the Government of India. Category 2 – refugees are those who are granted refugee status by the UNHCR and are protected under the principle of non- refoulement². Category 3- Refugees who are neither recognized by the Government of India nor the UNHCR, but have entered India and have assimilated into the local community. There is a lack of clarity on the legal framework within which refugees and stateless persons stay on Indian soil. The United Nations High Commissioner for Refugees (UNHCR) (or) the UN Refugee Agency works in collaboration with the government of India-led institutions like the Ministry of Home Affairs, Ministry of External Affairs, NITI Aayog to facilitate and coordinate the status of refugees.

The Rohingyas are a group of people originating from Myanmar. They are considered a minority Muslim-population in the majority Buddhist state of Myanmar. They have been called ‘the most persecuted minorities’ by the United Nations and their fate is defined by the geopolitics of South Asian and South East Asian states. Although they have suffered since 1977 when Operation Dragon King³ was proclaimed in Myanmar, India started receiving Rohingya refugees since 2012 and an exponential number of refugees only in 2017. Before that the Rohingyas mainly fled to the neighbouring State- Bangladesh. In 2017⁴ and subsequently after the 2021 coup d’état⁵, the ethnic cleansing of the Rohingyas by Myanmar military forced a huge number of Rohingyas to flee their homes in fear of persecution into neighbouring states like Bangladesh, India, Indonesia, and Philippines. The nuance on which the government of India operates in view of the Rohingyas are religion and huge influx of population. They are kept in Category-2 as only the UNHCR recognizes them and grants them with the Refugee Card that serves as their identification. Many attempts have been made to repatriate these refugees back to Myanmar discarding the principle of non-refoulement. In India, Rohingya refugees have set up camp in cities like Jammu, Delhi, Hyderabad and Chennai. The social conditions of the refugees settled in each part varies based on the ground realities of the place. The plight of Rohingyas in Chennai is relatively harmonious as compared to Jammu.

Methodology

The research is based on a Case Study approach. The interviews were conducted in December 2022. The researchers used a semi-structured interview method with a pre-determined context along which they interviewed but the questions were open-ended to facilitate flexibility according to the nature of responses. The focus group for the interview was spread across age groups to acquire a full cycle understanding of various dimensions that led to a clearer picture, but the researchers also used snowball sampling as long as it complied with the age group pretext.

India and refugees

The International structure in place that is embedded in the nation-state system upholding exclusive sovereignty and non-interference has created a complex apparatus in which International Law, International Humanitarian Law (IHL), and International Human Rights Law (IHR) operate. International law with its positivist jurisprudence has introduced the notion of treaties and conventions that glorifies sovereignty of nation-states by granting them the freedom to accept or deny the provisions of the legally binding treaties.

The 1951 Convention Relating to the Status of Refugees and its 1967 protocol is one such treaty. The states signatory to the treaty and the ones who have ratified the treaty operate with the UN Refugee Agency and have municipal laws to facilitate the refugees and asylum seekers. But, a large number of states are not signatory to this convention, and since the global refugee regime seems to be founded on the 1951 convention, these non-signatory states lack proper framework to face the issue of asylum seekers and refugees. In this discourse, although International Law lacks its hold, IHL and IHR come to the rescue to aid states to uphold the rights of the refugees. In addition, the Universal Declaration of Human Rights also mentions the right to seek asylum⁶. This conglomeration of different treaties and conventions sets the stage for non-signatory states to act on when faced with a refugee crisis, but since the international structure is founded on the Westphalian system, the reality of these refugees in these non-signatory States depend on the policies and municipal laws of the individual States.

India is not a signatory to the 1951 convention and hence is not legally obligated to host refugees or to grant asylum. Nonetheless, India has signed various other conventions like the International Covenant on Civil and Political Rights (ICCPR) where it has reserved Article 13⁷ that talks about expulsion of a person, the International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention on the Elimination of All Forms of Racial Discrimination (CERD), Convention on the Rights of the Child (CRC), and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Although not being part of the convention, India has worked with UNHCR to facilitate the refugees in terms of logistics. India has a differentiated approach towards different refugees. The Tibetans and the Sri Lankan Tamils are recognized by the Government of India and are allotted preferential rights as refugees whereas other refugees like Rohingyas are only recognized by the UNHCR.

The UN Refugee Agency works with national and international Non-Governmental Organizations (NGOs) to facilitate refugees as they are not legally entitled to do so on their own in India. In the case of Rohingyas settled in Kelambakkam, the UNHCR field office in Chennai collaborates with NGOs and volunteers to aid the Rohingyas. The Rohingyas carry the UN Refugee Card to avail basic services like education and healthcare. The Kelambakkam camp is an open camp and hence the UNHCR authorities, different NGOs and generous benefactors are free to help visit them and cater to help them.

The plight of Rohingyas and old cyclone shelter

After they were forced to flee their home country for fear of persecution, the Rohingyas navigated to neighbouring States of South Asia in search of a place to survive. Bangladesh took in substantial numbers of refugees and has set up the world’s largest refugee camp⁸ to host the fleeing Rohingyas. India also had an influx of Rohingyas and most of them came through Bangladesh into India through the state of West Bengal and have sought shelter in cities like Jammu, Delhi, Hyderabad, and Chennai.

The Rohingyas first came to Chennai in 2012 and over the years only a few more have joined. At the time of interview, there were specifically 19 families that is 88 people at Kelambakkam. Upon reaching Chennai, the Rohingyas were first accommodated in a community hall for a few months and were later shifted to the cyclone shelter where they reside till date. This old cyclone shelter previously harboured Sri Lankan Tamil refugees and is a wretched building with cracks and uninhabitable environment. There are no rooms or proper partitions to divide but rather is just one open space in which these Rohingyas have managed to use cardboard boxes and clothes to create a kind of partition. Despite creating makeshift houses around the cyclone shelter, the space both inside the shelter and in the makeshift houses are clumsy and crammed. The question of privacy is a luxury to ask for and the place is a menace during the monsoon rains as water gets logged in and around the shelter. But, nonetheless, the Rohingyas at Kelambakkam see Chennai as a seemingly satisfying place away from home. This comes majorly from the fact that they have been able to gain respite from the horrific traumas they had faced back home.

In the small space available, all the necessities are made possible from cooking to sleeping. There are two restrooms available in the cyclone shelter and two rooms which women use for bathing. Men usually bathe outside. Few months prior to the interviews undertaken by us, a mobile restroom facility was installed outside the cyclone shelter which some inhabitants say were given by UNHCR but others say was donated by a generous benefactor. However, these refugees do not use the lavatory due to the improper disposal system. A bus stop is situated right next to the shelter. This serves as an important medium for the refugees to stay connected with the rest of the town and further. Due to the wide variety of stores and restaurants in close proximity, Kelambakkam is a consumer-friendly area for all income levels. There are also markets nearby that the Rohingya’s access for all their needs. There are two hospitals nearby and the Refugees say that the medical staff and faculty over there are extremely amicable at all times and all of the Rohingya communities’ labor and deliveries happen there as well. The Rohingyas speak of them fondly as there is no discrimination at the hospital.

The Rohingya men at Kelambakkam are mainly daily wage labourers doing petty manual labour and also some skilled labour like being a mechanic. Some women are also employed for tailoring. The Rohingya lifestyle at Kelambakkam is simple and minimal as families depend on daily wages. Children have access to education and they face absolutely no discrimination at schools and they seem to get along well with teachers and other students. Back home, the Rohingyas say that they were seated separately from Buddhists in schools. The Rohingya women would be deliberately made to fail in Grade 10 and even got raped for pursuing further education. Keeping all this in mind, this is definitely a leap in freedom for them. All this has also led to the younger generation of the Rohingyas at Kelambakkam conversing in Tamil fluently along with Hindi and they do not wish to return home as such because this has become their home. The older generation do not resonate with Tamil language as much also due to the fact that they might not be able to grasp it the way their children do, however the entire community is extremely respectful of their Tamil counterparts and express full contentment in the fact that the local Tamils coexist peacefully with them and show no form of discrimination or xenophobia towards them. They worship side by side at the Mosque and have blended in well. However, the older generation of Rohingyas do wish to go back home, a sentiment not shared by their children. They still know and feel that their futures are unpredictable and keep their hopes strong in God as they reassert their faith and that the Almighty will provide for them. The local police officials and the UNHCR officials also regularly visit the shelter.

The COVID-19 Pandemic and the shelter

COVID-19 juxtaposed the vulnerably molded and gated community of refugees who are bound by peripheries and margins with a virus that knew no margins or boundaries. In terms of quality and quantity, there is food insecurity. Everything became a question mark for them; help and assistance, jobs and livelihood, safety and security, healthcare, lifestyle, poverty, and the COVID-19. Their constraints became amplified and their hardships grew because of the pandemic.

The Rohingya in Chennai with the interference of UNHCR received both doses of their COVID vaccine. They claimed that they had undergone three tests by UNHCR-sent medical personnel, but none of them had ever tested positive. One of the safety protocols for COVID was social distancing and this was obviously challenged by their overcrowded cramped up condition hosting 88 refugees. This challenged isolation and quarantine requirements. The camps were congested with hygiene and social distancing being a far-off reality. In terms of psychosocial support, mental health was deteriorating due to a lack of employment, income, and schooling.

A comparison of Sri Lankan Tamils and Rohingyas in Tamil Nadu

The Sri Lankan Tamils and the Rohingyas of Myanmar are treated differently. Competitive electoral politics ultimately became the reason for Sri Lankan Tamil refugees in Tamil Nadu to access the welfare schemes they enjoy. The political parties of Tamil Nadu came forward in helping the Sri Lankan Tamils due to their political significance in the electoral politics, whereas the Rohingyas carry no such significance. Some of the other contrasts between these two refugee communities are financial aid and employment. All the Sri Lankan refugees are recognized by government and get identity cards. The Rohingya refugees are only left with UN Refugee Card which highlights the fact that in the eyes of the government the Rohingyas are perceived as foreigners. Access to banks is very complicated, because in India national identification is mandatory to open any kind of bank accounts.

Unlike Sri Lankan Tamil refugees, Rohingyas do not have an access to banking. Some similarities with these two refugee communities are education, sanitation and accommodation. Children from both of these refugee communities have access to free education in the same manner as other citizens. They are provided bags, uniforms, books and mid-day meals. However, the refugees have some complaints that, even though, they are eligible for educational support from the government, they are not able to use it because of their refugee status. To sum up, both of these refugee communities have been encountering varied problems and solutions even though the plight shared by both of these communities are similar and true.

Results

The researchers have explored the social conditions of the Rohingya refugees living in Kelambakkam, Chennai. The dire conditions that they live in within a small space partitioned not by walls but by boards and cloth are a testimony to the realities that Rohingyas face. Employment is limited to unskilled practices like rag-picking and petty manual labour. Education is fairly provided to the children of Rohingyas and healthcare facilities are also readily available through primary health centers. During the COVID-19 pandemic, unemployment was followed by food shortages, but fortunately none of the individuals living in the shelter contracted the virus. The mental health of Rohingyas in the older age bracket was filled with concern and worry, however, the younger generation seemed to be immune to this worry. This translates to the question of returning to Myanmar that the older generation long for once the situation improves back home, but again the younger generation seem to have been assimilated in this environment.

Discussion

When approached, the Rohingyas have a slight disappointment towards researchers and academicians as they are tired of people approaching them, and leaving without offering any tangible solutions to their problems. Although the Rohingyas living in Kelambakkam, Chennai are relatively better-off than the Rohingyas living in other parts of the country, they still face issues. One of the main issues that they asked us to consider was their housing situation wherein each family is crowded in a small space partitioned by wooden boards and long strips of cloth. During the Chennai monsoon, rainwater seeps in every corner of the old Cyclone Shelter and makes the clumsy setup worse. The researchers considered their situation but the optimal location of the Cyclone Shelter seems to overshadow the hardship faced as it is surrounded by a school, a healthcare center, and everyday markets. To move them from there might cost them the comfortable avenue of access to these everyday necessities.

Conclusion

In Chennai, the Rohingyas are relatively less in number and have set up camp in the outskirts of the city in an area named Kelambakkam. For shelter, they use an old abandoned Cyclone shelter and the location is quite convenient – a school, a healthcare center and everyday markets are within two to three kilometers’ radius. Although the location seems favourable, the housing conditions within the Cyclone shelter are clumsy and unorganized. Each so-called living space for a family is partitioned using old wooden boards/ cardboards or with a long piece of cloth that not just eradicates the nature of privacy but also induces a sense of inhumaneness.

Education and healthcare seem to be accessible without any hindrances, however, employment opportunities are limited to rag-picking and petty manual labour. Despite the unsanitary conditions, the impact of COVID-19 has been surprisingly minimal in the refugee community at Kelambakkam. None of them contracted the disease and the only hardships they felt during the period was unemployment due to the lockdown, and food shortages. The social conditions of Rohingyas vary across the country and based on the researchers’ interaction, the Rohingyas living in Chennai are relatively well-off than Rohingyas residing in Jammu or Hyderabad.

For a refugee, there is no way forward or behind. They travel on a twine of last chance journeys and they live with fragments of hope. Within India, different refugees like Tibetans, Sri Lankan Tamils, Rohingyas are treated differently, and within the Rohingyas spread across the country each place treats them differently. Fortunately, the Rohingyas in Kelambakkam seem to be better-off than others.

Disclosure

This article is an outcome of the Minor Research Project (2021-2022) for Post Graduate Students funded by Loyola Research Park sanctioned by Loyola College, Chennai.

Project Title: A Case Study on the Social Conditions of Rohingya Refugees at Kelambakkam, Chennai

Project Code: 6PGRP21IR034

¹ 1951 Refugee Convention, Article 1 A. (2)

⁶ Universal Declaration of Human Rights (UDHR) – Article 14 (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution

⁷ An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

⁸ Kutupalong Refugee Camp, Cox’s Bazar