| dc.description.abstract | Refugee is a person who flee from their own
country due to the well-founded fear of being persecuted
for reasons of race, religion, nationality or political
opinions. Customary laws and treaty obligations which are
practiced by states play an important role in managing
these refugee influxes and regulating repatriations. In the
case of Nepal, due to persecutions done by the Burmese
government against the Rohingyas since early 1784, they
have been moved into Nepal by crossing the borders. Even
though 1948 Union Citizenship Act which was introduced
after the Burma’s independence from the UK provided
citizenship for limited number of Rohingyas who could
prove that they had resided in Burma before 1823,
subsequent legal principles came to function along with
the 1982 immigration law led to deprive their right to
obtain the citizenship. As a non-signatory to the 1951
Refugee convention and the 1967 Protocol Relating to
the Status of Refugees, the absence of recognition for
Rohingyas within Nepal has become an impediment to
ensure their survival. However, though the Refugee Status
Determination (RSD) process of the United Nations (UN)
have granted temporary shelters for them in the areas like
Kathmandu and Kapan, the claims of these urban refugees
has been neglected by the host community mainly because
of the xenophobic perceptions. Along with this
understanding, this paper concludes that the repatriation
and re-integration within their home country is the only
long term solution which help them to enjoy their
entitlements. But the perpetual challenge then remains is
identifying lapses of the existing coordination between
both countries in strengthening, welcoming their returns
and granting basic rights. In this context, qualitative
research method is employed in this research to suggest
appropriate mechanisms to tackle these so called
challenges. | |
