REGIMES IN INTERNATIONAL RELATIONS: A STUDY OF THE REFUGEE PROBLEM IN SOUTH ASIA

REGIMES IN INTERNATIONAL RELATIONS: A STUDY OF THE REFUGEE PROBLEM IN SOUTH ASIA


INTRODUCTION:

In recent times, a number of regimes have proliferated on international scence. And as the world sees more liberalization of national economies and the consequent globalisation, nations are increasingly coming together and interacting in a wide variety of issue areas. This increased interaction has definitely given rise to a multiplicity of regimes as facilitatory instrument for cooperation.
Though in its new terminological avatar as 'regimes', they seem to be new but they have been an indispensable part of international politics since the dawn of the Westphalian nation-state system. As sets of implicit or explicit 'principles, norms, rules and decision-making procedures around which actors' expectations converge in a given area of international relations', regimes have long been there and impacting international relations positively or negatively.
Be it environment, terrorism, drug-trafficking, human rights, nuclear proliferation, economic cooperation, international security or refugee problem, any cooperation in any of the issue area of international relations is often and always mediated through these regimes. Regimes not only facilitate and generate cooperation but the other way round is also true i.e. often cooperation has led to the emergence of new regimes or the consolidation of the previously existing regimes.
In a globalised world where borders have been rendered meaningless thanks to the revolution in information and communication or what Alvin Toffler calls the 'Third Wave', and in a world which continues to be as anarchical as ever before, it is regimes only which impart this seemingly unruly and anarchical world a semblance of order.
It is regimes and not an overarching central authority, which have been a disciplining influence in international relations and, thus, vicariously playing the role of the latter. As such the importance of regimes increases even further and the issue of regimes need to be studied more seriously so as to bring out their importance and effectiveness in international relations.
Over the last two decades, international regimes have emerged as a major focus of empirical research and theoretical debate within international relations. The interest in regimes sprang from a dissatisfaction with dominant conceptions of international order, authority and organisation. The sharp contrast between the competitive, zero-sum 'anarchy' of inter-state relations and the 'authority' of domestic politics seemed overdrawn in explaining cooperative behaviour among the advanced industrial states. The policy dilemmas created by the growth of interdependence since the World War II generated new forms of coordination and organisation that fit uneasily in a realist framework.
Intellectual traditions emphasising the 'societal' dimensions of international politics suffered, however, from a lingering taint of idealism. Realism questioned the importance of international law as a constraint as state behaviour and by the 1970s, its positive study of regional integration, generated rich theoretical debates during the 1960s. Yet, the field remained closely tied to the study of formal organisations, missing a range of state behaviour that nonetheless appeared regulated or organised in a broader sense. Few strong theories started from the assumptions that 'international behaviour is institutionalized', as John G. Ruggie said.
Regime analysis attempted to fill this lacuna by defining a focus that was neither as broad as international structure, nor as narrow as the study of formal organisations. Regime analysts assumed that patterns of state action are influenced by norms, but that such norm-governed behaviour was wholly consistent with the pursuit of national interests. Hence, the literature on regime can be viewed as an experiment in reconciling the idealist and realist traditions.
It would be worth its while to submit this debate over regime to a critical review. a plethora contending theories have explained regime creation, maintenance and transformation but the relationship among them is unclear and empirical research has yet to determine which are the more plausible. While earlier work on regimes focused on interdependence, the widening variety of stare goals, and the importance of non-state actors and international organizations, recent work on regimes and international cooperation unfortunately reverts to an approach, which treats states as unified rational actions. In addition, little research has addressed whether and in what ways, 'regimes' matter.
In such a situation, it would be worth its while to see and find out as to how regimes in as important an issue area as refugees have been evolving in as volatile a region as South Asia. South Asia, which has been both a refugee generating and a refugee-receiving region has also long been in the thick of the refugee problem and has been dealing with the problem at various levels to tide over the crisis at hand. But, often it has come to be noticed that the approaches of South Asian governments towards the refugee problem in their respective countries has not been very systematic and organised informed as they are by ad hocism and dilettantism.
Nevertheless, a refugee regime has been slowly evolving in this part of the world despite the fact that none of the South Asian countries has its own specific national legislation on refugees nor has any or them acceded to the international instruments of refugees. But, their national laws in other related areas and their accession to many other international treaties and instruments have come in handy to fill in the gap to bolster and cushion the rights of refugees in their territories. Also, South Asian governments, UNHCR and various national and international non-governmental organisations have been constantly interacting to work towards the evolution of a common refugee regime in South Asia.
From a population displacement perspective, South Asian region has a unique history. The States of India and Pakistan and later Bangladesh got defined from massive refugee movements. After 1947 partition 7.5 million Hindu and Sikh refugees from Pakistan crossed over to India and 7.2 million Muslim refugees from India crossed to Pakistan. It was the largest recorded refugee movement in history. There was no or little international assistance in this massive and painful humanitarian crisis. in 1971, 10 million Bengalis crossed to India during tyhe war of independence of Bangladesh. in 1979, 3.5 million Afghans fleeing Soviet intervention in that country sought and received asylum in Pakistan of which 1.2 million are still languishing in the refugee villages. In 1992, Bangladesh was inundated for a second time in recent history with the influx of 250,000 Muslim refugees from Rakhine district in Myanmar of whom nearly 30,000 refugees had still failed to repatriate. Similarly, 90,000 Bhutanese of Nepali origin were expelled and are still located in refugee camps in Jhapa district of Nepal.
Sri Lanka, despite her insular position was once described in a report as an 'Island of Refugees' due to external displacement of Tamils and internal displacements of Sinhalese, Tamil and Muslims. Sri Lanka has never been known as an asylum country but is well known as a refugee producing country. Since 1983, Sri Lanka has produced aprat from over 500,000 Sri Lankan Tamil 'jet refugees' to the western world; three waves of Tamil refugees to India in 1983-87; 1990-91 and after April 1995. Major portion of Sri Lankan refugees in Tamil Nadu had voluntarily repatriated but still some 60,000 have remained behind due to the ongoing security crisis in North-East Sri Lanka. Since 1960's, India hosts over 100,000 Tibetan refugees and some 50,000 Buddhist Chakma refugees from Chittagong hill tracts in Bangladesh, some of whom repatriated recently under a political settlement. India also has permitted UNHCR to assist 20,000 Afghan refugees on pure humanitarian grounds, Maldives is the only SAARC country, which neither produced nor hosted a significant refugee population.
Despite these past and existing refugees movements and deep rooted humanitarian traditions of asylum, none of the SAARC countries have acceded to the 1951 International Convention on Refugees or its 1967 Protocol which had been ratified by 136 countries in the world. However, all the SAARC countries except Bhutan and Nepal have offices of the UNHCR, the UN agency responsible for the promotion of the Refugee Instruments and marshaling of international humanitarian assistance on behalf of the refugees. UNHCR provided international protection and assistance to Afghan and Iraqi refugees in Pakistan. in India, UNHCR provides assistance to some 20,000 urban Afghan refugees and from Madras, monitors the voluntary nature of the Sri Lankan Tamil refugee repatriation. UNHCR also provides assistance to the government of Nepal to look after the asylum seekers from Bhutan and monitors the repatriation of Rohinghya refugees from Bangladesh to Myanmar. In view of the importance of UNHCR''s role in refugee matters, Bangladesh, India and Pakistan applied and became members of UNHCR's Executive Committee, the highest policy making body in the Organisation. They have played an active role in the deliberations of refugee policy during the past few years.
The gamut of reasons adduced for the non-accession to the 1951 Convention or the 1967 Protocol by SAARC countries other than the island states are very similar in content. They argue that they have rich traditions of asylum comparable with international standards some times even going beyond what was practiced by some of the party signatories to the International Refugee Instruments. Therefore, they would continue to deal with refugee issues on an ad hoc bi-lateral policy basis but welcomed international humanitarian assistance on the basis of burden-sharing India being an exception. SAARC countries further argue that the persecution-based 1951 Convention or 1967 Protocol is inadequate to comprehensively address the current refugee issues in the region which were mostly the result of internal conflicts and not due to fear of persecution by the states per se. In support of their contention that the International Refugee Instruments were inadequate, they cite the regional refugee instruments of Africa, the 1958 Organisation of African Unity Convention and on refugees in Latin America, the 1984 Cartagena Declaration on Refugees.
It is in the above context, that a regional convention or a declaration on refugees by the SAARC countries becomes timely and relevant. SAARC Charter provides against discussion of bilateral and contentious issues. Summit retreats had somewhat overcome this limitation. Refugee issues when discussed bilaterally without regional or international commitment to a set of guiding principles could become contentious. Refugee situation in South Asia has become chronic and has affected both national security and inter-state relations due to the reluctance of states to discuss them on pure humanitarian basis. A regional agreement of fundamental questions such as the definition of a refugee, the granting of asylum and the exceptions thereto, the cardinal principle of non-refoulement, or the voluntary nature of eventual repatriation of refugees would reduce the room for friction between the state interlocutors.
A SAARC Refugee Convention/Declaration would also mean a great step forward in developing a humanitarian law regime in the region. The immediate beneficiaries would, of course, be the refugees themselves in different SAARC countries of whom over 70 per cent are women and children. In the absence of a normative refugee standard, refugees in South Asia, today, live in fear of capricious actions by refugee officials. Since all refugees are technically considered illegal aliens, they have no institutional protection or the protection of the principle of the Rule of Law. In the case of India, the Superior Courts had addressed certain humanitarian concerns of refugees on the basis of constitutionally guaranteed fundamental and human rights. But no such developments had taken place in any other SAARC countries. the prevailing political and security preoccupations of each country determines the standards of treatment of refugees these standards may differ from time to time, from one country to another or the whims and fancies of the refugee officials. in short, article 14 of the Universal Declaration of Human Rights:- "Everyone has the right to seek and enjoy asylum from persecution" has been reduced to hollow international legal rhetoric.
In developing a regional convention/declaration on refugees, SAARC countries would only be recognising and refining the existing traditional humanitarian policies. They will be developing a set of non-contentious humanitarian principles, which will enhance the organisational solidarity and its commitment to respect human rights. It will further strengthen SAARC position in the international fora. Such a convention or declaration would not be a document borrowed from outside not suitable for specific needs of the problem of refugees in the region but a SAARC-developed piece of international law.
The proposed study would thus not only study and explore the fungibility of regimes in international relations but would also explore their working in the issue area of refugee problem. In this regard, working and development of refugee regimes would be specially emphasised upon with the study of the steps taken and suggestions proffered towards the evolution of a common refugee framework in the region.




Survey of Literature:

1. Stephen Krasner (ed.), International Regimes, Ithaca: Cornell University Press, 1983.
This book is a landmark work in the area of regime theory. It includes a number of contributions from scholars like Susan Strange, Donald Puchala and Raymond Hopkins and of course, Stephen Krasner himself. The book tries to cover the debates over different perspectives on regimes and discusses their effectiveness in international relations.

2. Ernst B. Haas, "On Systems and International Regimes", World Politics 27, January 1975, pp 147-74.
In this article, Haas has used the term 'regimes' in a purely descriptive way to group a range of state behaviours in a particular issue-area, but since the potential for tautology is high, this approach has largely been abandoned.

3. Ernst B. Haas, "Why collaborate? Issue-linkage and International Regimes", World Politics 32, April 1980, pp 357-405.
Here, Haas talks how international regimes facilitate cooperation through linkages between different issue-areas.

4. Charles Lipson, Standing Guard: Protecting Foreign Capital in the Nineteenth and Twentieth Centuries, Berkley: University of California Press, 1985.
5. Robert Keohane, After Hegemony
6. Stephen Krasner, Structural Conflict: The Third World Against Global Liberation, Berkley: University of California, 1985.
7. Vinod Aggarwal, Liberal Protectionism: The International Politics of Organised Textile Trade, Berkley: University of California Press, 1982.
The majority of 'regime change' studies in these books try to explain as to why regimes eventually weaken or decay. Strength is measured by the degree of compliance with regime injunctions, particularly in instances where short-term or 'myopic' self-interests collide with regime rules.

8. S. D. Muni and Lokraj Baral (ed.), Refugee and Regional Security in South Asia, Konark Publishers Pvt. Ltd., 1996.
This edited book includes many papers from eminent scholars working in the field of refugees. The book talks about the problems of different refugee groups in South Asia and measures undertaken to alleviate them. Also, it relates the refugee problem with the general problem of security and recommends solutions and measures to resolve them.

9. Ved P. Nanada (ed.), Refugee Law and Policy: International and US Responses, published under the auspices of the Consortium on Human Rights Development, Greenwood Press, New York, Westport, Connecticut and London, 1989.
This book discusses the nature and extent of the refugee problem; international refugee law; and selected issues of the refugee problem are dealt with in this book. The issues include among others problems of asylum and sanctuary, rights of refugees under international humanitarian law, refugee generating conduct, refugee protection mechanism and probable solutions of the refugee problem.

10. Guy S. Goodwin-Gill, The Refugee in International Law, Clarendon Press, Oxford, 1983.
This book, as the name suggests, describes and discusses the existing international law on refugees and the status of refugees in international law. The book also discusses such related issues as the definition of refugee, determination of refugee status, loss and denial of refugee status, problems relating to asylum and international protection available to refugees.

11. Guy S. Goodwin-Gill, International Law and Human Rights: Trends Concerning International Migrants and Refugees, International Migration Review, 23 (3), Fall 1989, pp. 579-98.
The article locates both the migrant and the refugee community within the human rights context. It briefly examines the internationalisation of human rights over the last forty years, with its important implications for citizens and non-nationals alike. It recalls the basic universal and regional texts, and examines their authority and legal force vis-a-vis national, intergovernmental organisations and individuals.

But all the books and articles in the field talk about regime and refugees separately and there has not been a serious attempt to relate the two and discuss the problems of refugee regimes in international field as such. This dichotomous gap between the two needs to be bridged and problems and constraints of regimes in the area of refugees need to be explored in a more systematic way. Also, this study proposed to look specifically into the development of refugee regimes in South Asia and explore the possibilities of emergence of a common framework on refugee regime in the region.





OBJECTIVES:

1.To improve our understanding of international order and international cooperation through an interpretation of international regime-formation that relies heavily on rational-choice analysis in the utilitarian social contract tradition

2. To find out as to why self-interested actors in world politics should seek under certain circumstances to establish international regimes through mutual agreement.

3. To account for fluctuations over time in the number, extent and strength of international regimes on the basis of rational calculations under varying circumstances.

4. To critically review and analyze the working of regimes in international relations.

5. To discuss and analyze different theories of regime.

6. To study and critically review the status and development refugee regimes in South Asia.

7. To study the feasibility of a common refugee framework in South Asia.

8. To find out as to what extent absence of national refugee law and non-accession to international refugee law has affected the management of the refugee problem in South Asia.

9. To describe and discuss the refugee problem in South Asia.


RESEARCH QUESTIONS:

1. Do regimes really work?

2. Are regimes custom-made to suit the interests of the powerful?

3. Do regimes work in all issue-areas?
4. What has been the progress on refugee regime?

5. Is a refugee regime in South Asia emerging?

6. How severe is the refugee problem in South Asia?

7. What are the implications of refugee problem for international relations?

8. Can a common refugee regime for South Asia help the better management of the refugee problem in South Asia.

9. Can cooperation on refugees lead to functional cooperation in other issue-areas of importance to the region.

10. What should be a model refugee regime for South Asia.

11. Do regimes have independent influence on state behaviour and if so, how?


METHODOLOGY:

The proposed study will be historio-analytical, descriptive and explanatory in nature. A thematic approach would be preferred to a chronological framework as the nature of this study does not demand that. This study, for analytical convenience, would separately deal with the theoretical aspects of regimes and the applied aspects of the feasibility of a refugee regime in South Asia.
Both primary and secondary sources will be used. The primary data will be obtained by consulting official documents, press releases and records of the member countries of SAARC, UNHCR, national and international non-governmental organisations and institutions of relevance to this study. Where and when required, interview and questionnaire techniques will be employed for data collection. Secondary sources would include books, journals, newspapers and official reports.

CHAPTERISATON:
There would be six chapters which tentatively could be titled as following:
1. INTRODUCTION:
This chapter will introduce the topic defining and debating the different perspectives on regimes relating the same with the refugee problem in South Asia.
2. REGIMES IN INTERNATIONAL RELATIONS:
This chapter will talk about the functions, dysfunctions and the role regimes have been playing in international politics and the extent to which they have affected the process of international politics. It would also discuss different proposals as to how to make regimes more helpful as a tool for furthering international cooperation so as to keep pace with changing international relations.
3. REFUGEE PROBLEM IN INTERNATIONAL RELATIONS:
This chapter will discuss and debate the refugee problem in international relations. Whether the refugee issue is really so involved as to be called a problem and if yes, to what extent they have been influencing international relations and international politics. It will also delineate the scale of refugee problem and measures undertaken to resolve it.
4. REFUGEE PROBLEM IN SOUTH ASIA:
This chapter will deal specifically with the refugee problem in South Asia defining and delineating the contours and scale of the refugee problem in the region. It will also talk like the previous one as to how the refugee problem has been impacting bilateral and multilateral relations between and among the countries of South Asia.
5. REFUGEE REGIME IN SOUTH ASIA:
This chapter will detail and discuss the state of refugee regime in South Asia. It would discuss the progress made towards a common refugee regime talking in detail about the role played by different agencies in this regard.
6. CONCLUSION:
As the name suggests, this chapter will conclude the principal arguments and findings of the foregoing chapters.
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Vijayakumar, V., "A Brief Note on the Existing Laws and Judicial Decisions on Refugees in India", Bulletin on IHL and Refugee Law, Vol. 1, No. 2, Indian Council of Humanitarian Law and Research, New Delhi, July‑Dec 1996, pp.285‑288.

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Newspapers:

1. The Times of India.

2. The Hindustan Times.

3. The Hindu.

4. The Statesman.

5. The Asian Age.

6. The Pioneer.

7. The Telegraph.

8. The Economic Times.

9. UNHCR CD‑ROM