The Convention and the Protocol relating to the Status of Refugees define a refugee as a 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 . . . , is unable or, owing to such fear, is unwilling to return to it.” In addition to the Convention and Protocol there are a number of other relevant human rights treaties, declarations, and other instruments. For example, Article 3 of the Convention against Torture provides that no government shall forcibly return “a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” The UNHCR is the principal worldwide institution that protects and assists refugees. The UNHCR works with other intergovernmental agencies, UNICEF in regard to child refugees, and many voluntary agencies. In providing transportation, housing, food, clothing, education, and other assistance. The UNHCR has estimated that there are about 20 million refugees and 30 million internally displaced persons in the world. Having ratified the Protocol on the Status of Refugees, the United States has confirmed its statutory definition of refugees and asylums to the international definition as interpreted by the courts. In order to apply for asylum a person must demonstrate that they have a well-founded fear of persecution based upon their own experience and the experience of similar individuals. Hence, country condition information is very useful. Beginning in 1996 the India. established an abbreviated procedure in which immigration officials must assess whether the individual who seeks asylum at arrival has a “well-founded fear” of persecution. Many of such asylum seekers are detained while they are applying, and this procedure has been the subject of considerable criticism and study.
By Dr. Akhilesh Pandey,
Assistant Professor of Law
