EXTENDING THE LIMITS OR NARROWING THE SCOPE OF

REFUGEE: TIME TO RECONSTRUCT THE DEFINITION OF

UNHCR?

by

Ankita Das
Student of BBA LLB 4th year
Symbiosis Law School, Hyderabad
a constituent of
Symbiosis International (Deemed University), Pune
E-mail ID: ankita.das@slsh.edu.in
Phone no- 8972068429

Sayantika Sengupta
Student of BBA LLB 4th year
Symbiosis Law School, Hyderabad
a constituent of
Symbiosis International (Deemed University), Pune
E-mail ID: sayantika.sengupta@slsh.edu.in
Phone no- 8910020739

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 *Ankita Das

**Sayantika
Sengupta

Introduction

The refugee crisis has reached critical mass today, with governments, communities, and
UNHCR alike all trying to keep abreast of providing necessary support to people fleeing war
and persecution. Traditionally, economic empowerment and development work is left to
other specialized agencies and national development plans, yet these agencies do not
generally include refugees in their work. As a result, two-thirds of the world's refugee
population is trapped in long stays, with the average being 17 years with little access to a
sustained and viable source of income. There is a crisis within the refugee crisis, one of sheer
waste of human potential that demands a response beyond basic humanitarian assistance.

Purpose

The aim of this paper is to develop a better understanding of the basis on which destination
countries provide refugee and humanitarian protection to its seekers. This paper builds upon
the existing empirical research in three ways. Firstly, it draws on the qualitative literature to
develop a clearer picture of each of the factors identified as influential in existing empirical
studies, which include: the conditions in the origin countries, the destination countries’
asylum-burden, political ideology, openness to outsiders, and economic conditions. New
variables are created to measure untested aspects of each factor. Secondly, it includes factors
identified in the literature but not yet considered in empirical studies, including: diplomatic
relationships, the destination country’s need for population replacement, the ten year average
refugee recognition rate, domestic refugee legislation and administrative considerations. Each
of these factors will be discussed in detail and tested empirically. Finally, it is structured to
account for the differing dimensions of recognition rates. Previous empirical research is
based on the refugee recognition rates and the combined (refugee and humanitarian)
recognition rate. This is the first empirical study to isolate the humanitarian recognition rate
from the combined recognition rate. Furthermore, this research distinguishes between origin-

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specific and global recognition rates. Hence, this investigation offers the broadest study of
recognition rates to date.

Research Methodology

The methodology adopted is largely analytical and descriptive focusing on both internal and
external sources of secondary data. The lectures and classroom discussion have been rich
with valuable pointers and gave direction to the research. The sources of this paper are cases
on this subject. This analysis will integrate the range of factors identified in the broader
literature, namely: the composition of asylum-seekers; the asylum burden; politics,
economics and society, long standing differences in refugee recognition rates; domestic law,
and administration.

Results & Findings

In theory, refugees who have the right to cross borders in search of asylum under
international law and it aims to protect refugees. But the definition of “refugee” status is
political, and subject to a constant struggle over who is deserving and who is not. People
forced from their homes by economic disaster or catastrophic climate change have never been
included in the definition of Refugee. The system tries to place them into categories – refugee
or economic migrant, legal or illegal-that do not always fit the reality of their lives. The
researchers are seeking to find out whether the scope of definition under 1951 Convention is
sufficient in today’s world or there is a need to broaden its scope?

Limitations
 The application of the various obligations evolved by the UN and international
authorities are not binding and strictly implemented.
 The method to be relayed upon for the research content is secondary sources (i.e.
includes analysis of other researchers) rather than the primary sources.
 The interpretation of the pre-determined analysis suffers from the subjectivity of the
previous researchers.

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