REVIEW Of LAWS. IMPLEMENTATION Of TREATIES AND OTHER INTERNATIONAL INSTRUMENTS Of HUMAN RIGHTS I 47
consider afresh its position in respect of the 1951 Convention relating to the Status of
Refugees and the 1967 Protocol on this subject have been recounted in earlier reports.
In the course of the year, the Commission also received a number of communications
from non-governmental organisations stating that there was evident need for India to
adopt national legislation, consistent with the Convention and Protocol, to protect
refugees in the country in a better manner. Numerous complaints were received
alleging inconsistency and discrimination in the handling of different groups of
refugees, it is also being asserted that, on occasion, acts of'refoulemenf or the forced
repatriation of refugees against their will, were occurring. The Commission
considered such commimications carefully and, on each occasion, sought the
response of the Ministries of External Affairs and of Home Affairs. Both denied that
'refoulemenf had occurred. The Ministry of External Affairs added that a legal
framework to deal with refugee issues already existed in the relevant provisions of the
Indian Constitution, the obligations undertaken by India under various international
human rights instruments, particularly the International Convention on Civil and
Political Rights (ICCPR) and a series of judicial pronouncements. In addition, there
had been refugee-specific legislation enacted whenever considered necessary, such as
the legislation dealing with refugees from Pakistan in the period 1947-50 and the
Foreigners from Uganda Order, 1972.
4.24 The Commission considered this response on 3 November 2000. It was of the
view that the reasons given by the Ministry of External Affairs to deny the need for
comprehensive national legislation to deal with refugees were not convincing. The
Commission is firmly of the opinion that a comprehensive national law ought to be
devised, keeping in view the decisions of the Supreme Court as well as international
instruments on the subject. The Secretary General of the Commission has been asked
to take up this matter with the Foreign Secretary. The Commission proposes to pursue
this matter and to hold in-depth discussions with the Foreign Secretary and others
concerned in this regard.
E] National Plan of Action for the Promotion and
■ Protection of Human Rights
4.25 The Office of the UN High Commissioner for Human Rights organised an InterSessional Regional Workshop on National Plans of Action for the Promotion and
ANNUAL REPORT 2000-2001