Case Study: International Relations and Ethics | UPSC Mains: Ethics, Integrity & Aptitude PDF Download

Q: There is an ongoing ethnic civil war in a neighbouring country. The conflict has caused massive displacement of people from the country. Ironically, the developed countries have closed off their borders to the refugees on account of the COVID-19 pandemic, resource competition, domestic politics etc. With countries sealing off their borders, the refugees are left in a vulnerable situation and many are taking illegal routes to enter your country. As a Senior Official of your country's Ministry of External Affairs, you have been involved in discussions with officials of other nations and are entrusted with the mandate to design a national policy to safely accommodate India bound refugees. In this context, answer the following questions: 
(a) Discuss the moral issues related to the rights of international refugees, especially those from conflict-torn regions. 
(b) What recommendations would you suggest given the large influx of refugees in India.
Approach: 

• Give a brief overview of the case. 
• Write the ethical issues involved in the refugee crisis. 
• Suggest long-term as well as short-term measures to deal with it. 
• Conclude accordingly.

Ans: The case study highlights issues similar to those seen in recent crises, such as political violence, terrorism, and ethnic conflicts, which result in large-scale displacement of people. These situations were evident during the Syrian refugee exodus to Europe, the Rohingya refugee crisis, and the recent Afghan refugee crisis. The Global South has borne the brunt of the refugee burden, while the West has largely avoided its moral and ethical responsibilities.
(a) In this case, the influx of refugees is inevitable, but there are concerns regarding the legality and various moral implications, which can be outlined as follows:
Moral Issues:

• Conflict between national interest and universal humanism: While international norms and humanitarian impulses advocate for accepting refugees, national interests such as security threats, demographic challenges related to rehabilitation, and competition for resources present significant concerns.
• Denial of human rights: States failing to respect the human dignity of refugees, despite being parties to UN conventions and customary laws, and refusing to accommodate them, reflects a global failure by states and UN agencies to protect those at risk of persecution.
• Compassion: Forced displacement should be seen not only from an economic viewpoint but also from a humanitarian perspective.

Beyond these moral issues, the case also underscores a denial of commitments made under international law, particularly concerning humanitarian law, human rights, genocides, crimes against humanity, and war crimes. The UNHCR identifies rights and guarantees essential for the protection of individuals from forced displacement and their protection and assistance during displacement.
(b) As a Senior Official tasked with developing a national policy for safely accommodating refugees bound for India, I would outline my policy recommendations based on their short-term and long-term impacts, as follows:

1. Short-term measures:

   • Temporary refuge: Given the ongoing crises, I would recommend engaging with neighboring countries to facilitate temporary settlement. I would encourage countries that are bearing the brunt of refugees to form a regional bloc and advocate for wealthier nations to contribute more significantly. This approach would also make it easier to repatriate refugees when conditions improve.
   • Nodal Offices: Due to legal complexities surrounding the routes used by incoming refugees, many of whom are under great stress, I suggest establishing a unified asylum agency with nodal offices in neighboring regions to assist with verification and resettlement in safe areas. The current fragmented border agencies are inefficient, costly, and often inhumane, passing the responsibility without accountability.
   • Civil Society: NGOs and the private sector should be involved to provide essential humanitarian aid, including food, water, and sanitation services.

2. Long-term measures

   • I recommend establishing institutional mechanisms in partnership with international agencies to offer greater protection and support to people in their home countries, reducing the need for them to flee in the first place.
     • Moral and diplomatic persuasion: Diplomatic efforts should be intensified to stop persecution and promote reconciliation among stakeholders in affected countries to prevent migration.
     • Global policy measures: I would advocate for a multilateral asylum policy to ensure an equitable distribution of refugee burdens across nations.
     • Domestic policy measures: Since India lacks a national refugee policy, I would recommend drafting a policy based on universal principles of dignity, fraternity, and safety.
   • Proper data collection: The lack of reliable data on the exact number of illegal immigrants, particularly in India, is a significant issue. Addressing this is crucial for better preparedness and response.
   • Global collective action: Preventing violence-induced forced migration and holding perpetrators accountable will strengthen the global refugee protection system. Similarly, providing aid to displaced individuals will enhance the effectiveness of the refugee regime.