Voluntary Repatriation as a Durable Solution to Sri Lankan Refugees in India: A Critical Analysis with Legal Perspective

Abstract

Assimilation, voluntary repatriation and third country resettlement are generally accepted as durable solutions for refugees. Among these, voluntary repatriation is considered to be the most welcome. Sri Lankan refugees who went to India have lived in that country for more than three decades. Although they are provided with basic facilities they lack legal status, which denies them certain human rights. India is not a party to the Convention on the Status of Refugees 1951 and also does not have a law to deal with refugees. However, India is obliged to uphold human rights of non- citizens under the human rights treaties for which India is a state party. There had been an outflow and inflow of refugees from time to time before 2009. With the defeat of LTTE in 2009 May, there was a probability of a flux of refugees to Sri Lanka. However, as of October 2014 the total number of returnees was 6840 out of around 110000. There are several reasons for this situation. It is in this context this paper seeks to analyse the causes for this low level of return even after the armed conflict had come to an end. The paper is dived into four parts. First part analyses the protection of Sri Lankan refugees in India. In this part the author has explained the legal and administrative provisions and judicial decisions in relation to refugees and situation of their rights. Second part examines how right to return has been guaranteed under international refugee and human rights law. Third part describes obligation of the country of origin in absorbing refugees and the final part concludes the article with some suggestions.