By Nafees Ahmad
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The determinants for these benefits include the ethnic ties of the refugees with the local people and the relative burden they impose on the Indian States concerned. This is particularly true in the case of a subject like education, which falls under the State List in the Constitution. Hence the Chakma refugees in Tripura are worse off in getting state benefits than the Sri Lankan refugees, who benefit from their ethnic ties with the Tamil population in India. Administrative discretion is also paramount in issues such as regulation of stay for those who are recognised as refugees.
1996. 100 Prepared by the Eminent Advisory Group of Pakistan under Justice Dorab Patel after the Colombo Consultations in September 1995. C. Saha, Voluntary Repatriation: Challenges and New Initiatives; Bulletin on IHL & Refugees Law, vol. 2 No. 2 (A), p. 353. 98 31 Dr. Nafees Ahmad, Religion And Law Review, Vol. XXIII, No. 2 (2014) ISSN 0971-3212 pp. 37-118. 103 Since the OAU Convention had taken into account the ground realities in Africa these guidelines have not lost relevance even today. UNHCR‟s mandate for refugee repatriation has been extended over the years through the General Assembly Resolutions, UNHCR Executive Committee conclusions and practices.
In case of repatriation by road, convoys are planned and routes are checked and assessed by prior visits. Any route passing through the conflict zone or where there is danger of landmines is avoided. All this planning is necessary because any mishap or attack on repatriating refugees by terrorist groups can dislocate the entire repatriation operation. Physical arrangements are so varied and of such magnitude that it is necessary for UNHCR to select competent implementing partners including the government, UN agencies and NGOs.
Religion and Law Review by Nafees Ahmad
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