AN ANALYSIS OF THE INDIAN STAND WITH RESPECT TO THE SYRIAN CIVIL WAR AND

REFUGEE CRISIS.

SUBMITTED TO: SUBMITTED BY:

Mr. Ashutosh Acharya, Akash Anurag,
Faculty of Law, Roll No 1281,
National Law University, Jodhpur. Vth Semester.

NATIONAL LAW UNIVERSITY, JODHPUR.

 TABLE OF CONTENTS

A Brief Overview of the Syrian Civil War And The Refugee Crisis. ....................................... 3
The Indian Stand With Respect To Syria. ................................................................................. 5
Bibliography .............................................................................................................................. 9
 A BRIEF OVERVIEW OF THE SYRIAN CIVIL WAR AND THE REFUGEE CRISIS.

As the Syrian conflict enters its seventh year, more than 465,000 Syrians have been killed in
the fighting, more than a million injured and over 12 million Syrians - half the country's prewar
population - have been displaced from their homes. The Crisis has its genesis from the Arab
Spring Revolution of 2011 which led to the toppling of the regimes of Tunisian President Zine
El Abidine and Egyptian President Hosni Mubarak. 1 In the March of 2011, peaceful protests
started in Syria too against the Bathist Regime of President Bashar Al Asad. In March of
2011, 15 boys were detained by the Syrain Government and tortured for having written a
Graffitti in support of the Arab Spring. One of the 15 boys who were arrested , Hamza Al
Khateeb was killed in the face of such torture which sparked a mass movement in Syria against
the Assad Government2. The Syrian government, led by President Bashar al-Assad , responded
to the protests by killing hundreds of demonstrators and imprisoning many more. In July 2011,
defectors from the military announced the formation of the Free Syrian Army, a rebel group
aiming to overthrow the government, and Syria began to slide into civil war. With the
deepening of the Civil War in Syria, today more than 13.5 Million People in the Country are
in need of humanitarian assistance within Syria of which 6 million people are internally
displaced. Nearly 5 Million more Syrians have sought refuge in the neighbouring countries.3

Foreign Interventions from some of the worlds super powers have played an important role in
deepening the Syrian Civil War Crisis and thereby the Refugee Crisis in the nation. The United
States has constantly shown its opposition to the Assad Regime however it has hesitated to
involve itself deeply in the conflict despite the alleged use of Chemical Weapons by the Assad
Government to crush the opposition and which was referred to as a Red Line 4for prompting
intervention. An international coalition led by the United States has bombed targets of the
Islamic State of Iraq and the Levant group since 2014. In contradiction Russia, Iran and China
have criticised U.S.As stand on Syria and have actually actively supported the presidency of
Bashar Al Asad. At the United Nations Security Council while Russia has till date vetoed

1
The Arab Spring : Five Years On, Amnesty International, Available At
https://www.amnesty.org/en/latest/campaigns/2016/01/arab-spring-five-years-on/.
2
Syrian Civil War Explained from the Beginning ( 18 July, 2017), Al Jazeera , Available At
http://www.aljazeera.com/news/2016/05/syria-civil-war-explained-160505084119966.html.
3
Figures at a Glance, Global Trends 2015 Statistical Yearbooks.
4
Obamas Red Line Failure assured crisis in Syria, New Orleans Opinion, Available At
http://www.nola.com/opinions/index.ssf/2017/04/obamas_red_line_failure_brough.html.
Eight West- Backed resolutions on Syria 5China has vetoed six 6of such Security Council
Resolutions. 7

With the nation and its beautiful historic citadels of mankinds development like Allepo,
Damascus etc. being razed to the ground in the face of the on -going civil war the issue of
Syrian Refugees has now established itself as an important issue facing the International
Community. Lebanon, Turkey, and Jordan are now housing large and growing numbers of
Syrian refugees, many of whom have attempted to journey onwards to Europe in search of
better conditions. Turkey hosts more than 2.8 million refugees from Syria, more than any other
country in the world and more than half the refugee population in the region. Lebanon hosts
more than 1 million refugees, which amounts to more than one in five people in the country.
In Jordan, that number is one in ten at least.8 Since the Syrian uprising began in 2011, the
United States has resettled a fraction of the nearly 5 million Syrians in needonly 10,000 to
date.9 People from Syria have also been repeatedly been trying to seek refuge in European
Nations apart from Turkey such as Germany, Greece etc. sometimes legally and many a times
illegally at a huge price with their life at stake. Meanwhile, despite the civil war crisis in Syria
around 31,000 Syrian refugees from certain other foreign nations have returned back to their
homes in the year 2017. 10 However, with more and more refugees seeking shelter in European
Nations it is important to understand why many of such European Nations refused to give
asylum to the Syrian refugees in the first instance. It is mainly because of the threat to their
own internal security as well them already been reeling under the pressure of heavy migration
from other European Nations that they were forced to do so.

5
Resolution No . S/2017/ 315 ( 12th April, 2017), Resolution No. S/2016/ 1026 (5th December, 2016), Resolution
No. S/2016/ 846 (8th October, 2016), Resolution No. S/2014/ 348 ( 22 nd May, 2014), Resolution No . S/2012/ 538
( 19 July, 2012), Resolution No. S/2012/ 77 ( 4 th February, 2012), Resolution No. S/ 2011/612 ( 4 th October,
2011).
6
Resolution No. S/2016/ 1026 (5th December, 2016), Resolution No. S/2014/ 348 ( 22nd May, 2014), Resolution
No . S/2012/ 538 ( 19 July, 2012), Resolution No. S/2012/ 77 ( 4 th February, 2012), Resolution No. S/ 2011/612
( 4th October, 2011).
7
Russia and China veto U.N. Resolutions to impose sanctions on Syria ( 18th February, 2017), The Guardian,
Available At
https://www.theguardian.com/world/2017/mar/01/russia-and-china-veto-un-resolution-to-impose-sanctions-on-
syria.
8
Addressing the Syrian Refugee Crisis, Jessica Brandt and Robert L. Mckenzie, Available At
https://www.brookings.edu/research/addressing-the-syrian-refugee-crisis-recommendations-for-the-next-
administration/.
9
Washington Post Editorial Board, America Has Accepted 10,000 Syrian Refugees. Thats Still Too
Few, Washington Post, September 2016.
10
UNCHR seeing significant returns of internally displaced amid Syrias continuing conflict (30 th June, 2017),
U.N.H.C.R. (Palais des Nations, Geneva), Available At
http://www.unhcr.org/news/briefing/2017/6/595612454/unhcr-seeing-significant-returns-internally-displaced-
amid-syrias-continuing.html.
With much of Syria in ruins, millions of Syrians having fled abroad, and a population deeply
traumatised by war, one thing is certain: Rebuilding Syria after the war ends will be a lengthy,
extremely difficult process. Germany has started to seriously and actively contribute to the
11
cause of Syrian Refugees. Germany recently allowed 20000 asylums to Syrian refugees.
Thus, in the light of such interesting as well as important state of affairs in the International
Law Prospective with respect to the Syrian Refugee Crisis it is pertinent as well as important
to identify and analyse the stand of India an important voice in the International Arena as
well as a powerful voice in the South Asian Region on the Syrian Refugee Crisis.

THE INDIAN STAND WITH RESPECT TO SYRIA.

Amongst all the International Treaties on the rights of refugees it is important to note that the
paramount or the most important treaty with respect to the same are the United Nations Refugee
12
Convention, 1951 to which 145 nations 13are signatories and the United Nations Refugees
Convention Protocol, 196714 to which 190 nations are signatories. As per the Refugee
Convention of the year 1951 a refugee should not be returned to a country where they face
15
serious threats to their life and freedom. According to the legislation of the 1951 and the
1967 Convention, States are expected to cooperate with the U.N.H.C.R. in ensuring that the
rights of refugees are respected and protected.16 Now an interesting question crops up so as to
what can India do if a Syrian Refugee or a group of such refugees turn up to India asking for
refugee in the light of the Civil War in Syria or Is India under any sort of Legal Obligation to
provide refuge or asylum to such refugees ?

India is not party to the 1951 Refugee Convention or its 1967 Protocol and does not have a
national refugee protection framework.17 Thus, India is not bound by the rules and obligations
as established and pronounced by the said convention. So, here we see that speaking in a strictly
legal sense India has no legal obligation to accept such Syrian Refugees if they turn up to India

11
UNHCR welcomes Germanys decision to extend Humanitarian Admission Programme to an additional 10,000
Syrian refugees, U.N.H.C.R. (13th June, 2014), Available At
http://www.unhcr.org/news/press/2014/6/539afe256/unhcr-welcomes-germanys-decision-extend-humanitarian-
admission-programme.html?query=syrian%20refugees%20%20%20Germany.
12
United Nations Refugee Convention, 1951 ( Geneva, Switzerland).
13
The 1951 Refugee Convention, U.N.H.C.R., Available At
http://www.unhcr.org/1951-refugee-convention.html.
14
United Nations Refugee Convention Protocol, 1967 ( Geneva, Switzerland).
15
Article 33, United Nations Refugee Convention, 1951 (Geneva, Switzerland).
16
The 1951 Refugee Convention, U.N.H.C.R., Available At
http://www.unhcr.org/1951-refugee-convention.html.
17
India ( Working Environment), U.N.H.C.R. Report, Available At
http://www.unhcr.org/4cd96e919.pdf.
asking for an asylum. However, it does not mean that a Syrian Refugee cannot be granted
asylum at all in India. However, such an asylum if granted is very different from an asylum
granted by a Nation. At the of August, 2015 there were 39 refugees who had been granted
asylum in India. However, such asylum had not been granted by the Government of India.
While the government of India has given refuge to those like minorities from neighbouring
countries, Tibetans and Sri Lankans, Syrian refugees, like Afghans, Iraqis, Rohingyas, Chins
or Somalis need to register with the UNHCR. The UNHCR refugee card protects them both
from forceful deportation or detention by the police.18 There is no domestic procedure or law
that governs the protection of refugees in India. There is also no regional agreement of a
19
binding nature such as the Organization for African Unity (OAU) Convention (1974) or a
detailed declaration for refugee protection such as the Cartagena Declaration (1984) enacted in
Central America. Refugees on Indian soil are instead subject to the control provisions of
domestic legislation such as the Passports Act of 1967 20(Act No. 15), the Registration of
Foreigners Act of 1939 (21Act No. 16) and the Foreigners Act of 194622 (Act No. 31), all of
which define a person of non-Indian nationality as a foreigner, independent of their specific
legal status.

Now, despite the fact that India is neither a signatory to the 1951 Refugee Convention nor a
signatory to its protocol of the Year 1967 it still is obliged to adhere to the principle of non-
refoulement, which forms a crucial part of customary international law.23 This obligation is
further strengthened, as India is a signatory to the 1984 Torture Convention24. However, the
law or the enactment to bring into effect the provisions of the above convention is still pending
as a bill before the Parliament and as such it has not acquired the nature of law in the Indian
Context. Thus, until such law is passed in India the treaty cannot bind India within its fold.

If we carefully analyse the government of Indias stance on abstaining from granting any sort
of asylum from their side to the Syrian Refugees there are many reasons as to why the

18
Syrian Refugees In India : Struggle for the Ones Who Got Away, Poulomi Banerjee, Hindustan Times ( 20 th
September, 2015), Available At
http://www.hindustantimes.com/india/syrian-refugees-in-india-struggle-of-the-ones-who-got-away/story-
T9D8SdgRyAnk33r9egJINJ.html.
19
Organization for African Unity (OAU) Convention (1974).
20
Passports Acts, 1967 (India).
21
The Registration of Foreigners Act, 1939 (India).
22
The Foreigners Act, 1946 (India).
23
UNDERSTANDING INDIAS REFUSAL TO ACCEDE TO THE 1951 REFUGEE CONVENTION:
CONTEXT AND CRITIQUE, Sreya Sen, Available At
https://refugeereview2.wordpress.com/2015/05/28/understanding-indias-refusal-to-accede-to-the-1951-refugee-
convention-context-and-critique/.
24
United Nations Convention Against Torture, New York ( 1984).
government has opted for such a stance. Although India is not a signatory to the Refugee
Convention of the Year 1951 nor it has a policy or a law with respect to the granting of an
asylum to a refugee but still India has always opened up its doors historically to refugees and
Migrants whenever the Humanitarian need of the Hour has called upon it to do so. This is
resplendent if a historical overview of such situations is done with respect to the instance of
the Tibetan Refugees who in large numbers were granted asylum in India after the Tibet
Conflict or the vast multitude of Bangladeshi Migrants who were granted refuge in India and
who still live in India as refugees since the Bangladesh Crisis of the year 1971 or for that matter
the Rohingya Refugees from Myanmar. Indias refugee policy is often praised worldwide and
was termed by Antonio Guterres, The United Nations High Commissioner for Refugees as an
example for the world to follow.25 as At the end of 2015, according to the United Nations
refugee body, there were 2,07,861 persons of concern in India, of whom 2,01,281 were
refugees and 6,480 asylum seekers.26 These figure being official ones may be short by some
thousands or more because there might be a great number of such refugees living illegally
inside India and who might have escaped the calculative figures mentioned above. Thus, India
being a nation reeling under the pressure of its population growth plus from the legal as well
as the illegal immigration from its troubled neighbourhood like Myanmar, Sri Lanka,
Afghanistan etc. is actually not in a position to sustain the influx of such a huge population of
refugees which might make their way to India if such an asylum is officially granted to them
by the Government of India.

One of the other prominent reasons why India has been rightly hesitant in taking any such step
is the fear of the country being infiltrated by the dangerous ISIS terrorists who might
camouflage themselves as refugees seeking refuge in India. As a nation India is reeling under
the threat of terrorism and hence it cannot at present compromise its internal security at any
costs. Thus, we see that despite India maintaining a neutral stance when it comes to Syria in
the International Arena so as to ensure that its own interests do not get sandwiched between
the tussle that is there between the International Superpowers with respect to Syria it has not

25
Indias Refugee Policy is an example for the World to Follow, Antonio Guterres (The United Nations High
Commissioner for Refugees), Available At
http://www.thehindu.com/opinion/interview/indias-refugee-policy-is-an-example-for-the-rest-of-the-world-to-
follow/article4269430.ece.
26
Figures at a Glance, UNHCR (India), Available At
http://www.unhcr.org.in/index.php?option=com_content&view=article&id=3&Itemid=125.
forgotten to send Humanitarian Aid in the form of food and necessary medicines apart from
troops to Syria in order to help the people still stranded there.27

Now, once we have analysed the position of India with respect to the refugee crisis in Syria it
is also necessary to analyse the overall stand of India on the Syrian Crisis. India has maintained
a neutral stand somewhat when it comes to Syria in international sphere as well as International
Forums. It has well balanced its interests between Moscow and New York. India was one of
the nations which abstained from the U.N.S.C. resolution on Syrian Ceasefire. 28

India has a number of interests and values which underpin its position on Syria. Opposition to
foreign intervention and support for state sovereignty (regardless of regime type) are long-held
principles that by default make Indias position favorable to the Assad government. These
principles are underpinned by anti-colonialism, Third World solidarity, interest in preventing
foreign intervention in Kashmir, and cultural values such as pluralism, non-violence (at the
interstate level) and tolerance. India can justify not criticizing Russias involvement as this was
at the invitation of the Assad regime. Syria time and again right since the time of Asads father
has supported Indias stance on Kashmir. Delhi also has major interests in stability in the
Middle East given its increased dependency on oil and gas imports. A clean victory for the
rebels in Syria will give a morale boost to certain other regional insurgents, potentially causing
further instability. Delhi will recall having to, along with its consortium partners, abandon oil
investments due to security concerns in 2013. Instability also threatens Indias 7 million
migrant workers. Geopolitically, India will see Syria as an opportunity to strengthen its position
as a potential security partner for Middle Eastern states (as it competes with both China and
Pakistan). This includes countries feeling threatened or isolated by the West, like Iran and
Syria, as well as those who feel they have received inadequate Western backing, like the Gulf
States.
Reducing the spread of terrorism is a driver for Indias position on Syria. Delhi is likely more
suspicious than the West with regard many Syrian rebel groups. There has also been an
increased presence of Indian jihadists in the conflict. India also fears the influence of extremists
in Afghanistan, Pakistan and Kashmir.

27
Syria Welcomes Humanitarian Aid From India, The Statesman ( January 14, 2016) Available At
http://www.thestatesman.com/world/syria-welcomes-humanitarian-aid-from-india-116376.html.
28
Why India Abstained from the Syrian Ceasefire Vote At the United Nations, Kabir Taneja (16th December,
2016), Available At
https://scroll.in/article/824267/why-india-abstained-from-the-syria-ceasefire-vote-at-the-un.
 BIBLIOGRAPHY

U.N. Security Council Resolutions.

Resolution No. S/2016/ 1026 (5th December, 2016), Resolution No. S/2014/ 348 ( 22nd May,
2014), Resolution No . S/2012/ 538 ( 19 July, 2012), Resolution No. S/2012/ 77 ( 4th
February, 2012), Resolution No. S/ 2011/612 ( 4th October, 2011). ..................................... 2
Other Authorities
Figures at a Glance, Global Trends 2015 Statistical Yearbooks. ........................................... 1
Organization for African Unity (OAU) Convention (1974). ..................................................... 4
Newspaper Reports
Indias Refugee Policy is an example for the World to Follow, Antonio Guterres (The United
Nations High Commissioner for Refugees) ........................................................................... 5
Syria Welcomes Humanitarian Aid From India, The Statesman ( January 14, 2016).............. 6
United Nations Refugee Convention Protocol, 1967
United Nations Refugee Convention Protocol, 1967 ( Geneva, Switzerland). .......................... 3
Amnesty International Reports
The Arab Spring : Five Years On, Amnesty International ...................................................... 1
United Nations Convention Against Torture, 1984
United Nations Convention Against Torture, New York ( 1984). ............................................. 4
United Nations Refugee Convention, 1951
Article 33, United Nations Refugee Convention, 1951 (Geneva, Switzerland). ....................... 3
The 1951 Refugee Convention, U.N.H.C.R. ............................................................................. 3
United Nations Refugee Convention, 1951 ( Geneva, Switzerland). ........................................ 3
Statutes
Passports Acts, 1967 (India). ..................................................................................................... 4
The Foreigners Act, 1946 (India)............................................................................................... 4
The Registration of Foreigners Act, 1939 (India). ..................................................................... 4
U.N.H.C.R. Reports
Figures at a Glance, UNHCR (India) ......................................................................................... 5
India ( Working Environment), U.N.H.C.R. Report. ................................................................. 3
UNCHR seeing significant returns of internally displaced amid Syrias continuing conflict
(30th June, 2017), U.N.H.C.R. (Palais des Nations, Geneva)................................................. 2
UNHCR welcomes Germanys decision to extend Humanitarian Admission Programme to an
additional 10,000 Syrian refugees, U.N.H.C.R. (13th June, 2014) ......................................... 3
Articles
Addressing the Syrian Refugee Crisis, Jessica Brandt and Robert L. Mckenzie ...................... 2
Obamas Red Line Failure assured crisis in Syria, New Orleans Opinion ............................ 1
Syrian Refugees In India : Struggle for the Ones Who Got Away, Poulomi Banerjee,
Hindustan Times ( 20th September, 2015).............................................................................. 4
UNDERSTANDING INDIAS REFUSAL TO ACCEDE TO THE 1951 REFUGEE
CONVENTION: CONTEXT AND CRITIQUE, Sreya Sen ................................................. 4
Washington Post Editorial Board, America Has Accepted 10,000 Syrian Refugees. Thats
Still Too Few, Washington Post. .......................................................................................... 2
Why India Abstained from the Syrian Ceasefire Vote At the United Nations, Kabir Taneja
(16th December, 2016) ............................................................................................................ 6