Sri Lankan refugees in India need due consideration

Sri Lankan Tamil Refugee Rehabilitation Center to be opened in Thotanathu near Dindigul in Tamil Nadu in September 2022. Photo credit: The Hindu

It will soon be 14 years since the end of the civil war in Sri Lanka. Three decades of war, which ended in May 2009, ravaged the once peaceful and prosperous nation. Many civilians were killed and large sections had no choice but to flee; Some within the country while others went abroad fearing for their lives and losing their livelihood. Among the population of similar ethnicity in Tamil Nadu, many sought protection in India. Most of the people desperately traveled in boats and canoes. They entered India in search of safety, many without travel documents and were received and hosted by the Indian government on humanitarian grounds.

The Ministry of Home Affairs (MHA) in its annual report for 2021-2022 stated that 3,04,269 Sri Lankan refugees entered India between July 1983 and August 2012 and were provided with shelter, subsidized rations, educational assistance, medical care and cash allowances. Relief granted. In addition to the warm welcome provided, access to public education and health facilities is symbolic of the Indian government’s recognition of the needs of Sri Lankan refugees. Decades of sustained assistance under the auspices of the Global Compact on Refugees is an example of best practices.

slow progress

The end of the civil war brought new hope to a nation devastated by years of ethnic strife and displacement. The Sri Lankan government set up the Lessons Learned and Reconciliation Commission in 2010 “to look back on Sri Lanka’s conflict as well as look forward to an era of healing and peace building in the country”. Notable are its observations and recommendations on human rights, international humanitarian law, land rights, rehabilitation and reconciliation.

Since the end of the civil war, the Sri Lankan government and development partners initiated programs in the northern and eastern provinces with the objectives of rehabilitation, restoration of critical infrastructure, livelihoods and social services for the local population. This resulted in significant improvements; Return of Internally Displaced Persons (IDPs), development of infrastructure, expansion of agriculture and livelihood. Government expenditure in the northern and eastern provinces during 2009–18 is reported to be $3.8 billion and $3.4 billion by development partners.

Despite these efforts, many challenges remain, including a lack of funding for recovery needs. COVID-19 slowed down the development process after the Easter bombings in 2019, compounded by economic and political crises in 2022. According to the latest World Bank Sri Lanka update, “poverty has more than doubled in the past few years, and poverty and vulnerability will continue to grow without proper support”.

refugees in india

In India, 58,648 refugees are living in 108 camps in Tamil Nadu while 54 are in Odisha. Another 34,135 refugees registered with the Tamil Nadu authorities live outside the camps. The Government of India provided ₹1,226 crore for relief and housing of refugees from July 1983 to March 31, 2022. However, the objective of the Government of India is the repatriation of refugees to Sri Lanka; By March 1995, 99,469 refugees had been repatriated to Sri Lanka and thereafter no organized repatriation took place.

Among these are 30,000 persons of Indian origin (also known as “Pahari Tamils”). They claim Sri Lankan citizenship under the Indo-Sri Lankan Agreements of 1964, 1974 and 1987 and the Sri Lankan Amendment to the Act conferring Citizenship on Persons of Indian Origin. The lack of documents as well as the desire to remain in India sets them apart from other refugees. They may require special consideration and as per the MHA report 2019-20, more than 3.35 lakh people were repatriated to India from October 1964 to December 2006.

Today, Sri Lankan Tamil refugees in India who want to return voluntarily are being facilitated by the Sri Lankan government. During the last year, supported by the Government of India, bilateral donors and UNHCR, 208 persons have returned voluntarily. The recent announcements to start ferry service to Kankensanthurai and direct flights from India to Jaffna (this has already started) will build confidence and help those wishing to return.

voluntary withdrawal issue

Sri Lankan refugees in India have been in a protracted situation, some for more than four decades. At UNHCR, we view voluntary return as the most desirable option for ending refugee status. There is a significant population who may not wish to return, preferring to call India home. This is a group born and educated in India who have no knowledge or experience of their country of origin. A solution providing relief from permanent refugee status is the need of the hour.

India has the capacity and the legal framework to find a permanent solution to the refugee situation in Tamil Nadu. In line with the Global Compact on Refugees, India along with the international community has made a significant contribution to creating conditions within Sri Lanka for a safe and sustainable return.

Read this also | Path to citizenship for Tamils ​​of Indian origin

The welfare of refugees, including self-reliance efforts, can be cited as a global best practice. What remains is a solution for the group that may consider India their home after decades of migration. Above all, they require proper consideration.

Oscar Mundia Head of Mission, UNHCR India and Maldives