In a telephone interview with the Research Directorate, the counsellor of political and consular affairs at the High Commission of India, in Ottawa, indicated that there are three categories of Afghan citizens living in India: (1) refugees who have registered with the office of the United Nations High Commissioner for Refugees (UNHCR), (2) Sikhs and Hindus who have roots in India, but who moved to Afghanistan, and who have now returned to India and have not registered with the UNHCR, and (3) refugees who have no ties to India and who have not registered with the UNHCR (15 Oct. 2004). The counsellor indicated that those who have not registered with the UNHCR remain in India illegally (High Commission of India 15 Oct. 2004).

According to the U.S. Committee for Refugees (USCR), as at the end of 2003, "up to 40,000 Afghans were living in India unassisted by UNHCR," while another 10,300 Afghans were receiving assistance from the UNHCR (2004). The November 2000 report by UNHCR indicated that in 1993, in New Delhi alone, the number of Afghan refugees "recognized by and registered with [the] UNHCR" was close to 26,000 and by November 2000, the number had dropped to 15,000 (3). The report further notes that as at February 2000, over 85 per cent of Afghan refugees in New Delhi had been residents of India for over five years (UNHCR Nov. 2000, 9). Of the total number of Afghan refugees in India at the end of 2000, approximately 65 per cent were "Hindus and Sikhs with historical links to the country where they have sought asylum" (ibid., 3).

The counsellor of the High Commission of India, in Ottawa, explained that it is possible for a non-Indian citizen who resides in India illegally to access primary, secondary or tertiary education, accommodation and employment (High Commission of India 15 Oct. 2004). The counsellor added that since in India there is no system such as that of the Social Insurance Number card in Canada, non-government employment is possible because such employers tend not to "conduct the appropriate verifications" (ibid.). Employment by the government of a non-Indian citizen living illegally in India, however, is not possible, because the government does verify one's legal status to work (ibid.). In respect of business activities, the counsellor stated that an individual with an illegal status in India can be engaged in and conduct "small-time" business in India (ibid.). However, the individual could not, for example, be an accountant or lawyer, and have his own business in this regard (ibid.).

Additional and/or corroborating information on whether it is possible for an Afghan citizen who lives illegally in India to access primary, secondary or tertiary education, accommodation, employment and engage in business activities, could not be found among the sources consulted by the Research Directorate. However, in respect of refugees, a 2000 report by the UNHCR provides relevant information (Nov. 2000).

The report noted that although India was not a signatory to the 1951 Convention Relating to the Status of Refugees nor did it have any domestic refugee legislation, between 1980 and 2000, "Afghan asylum seekers [were] freely admitted to India and allowed to remain in the country once recognized as refugees by UNHCR" (Nov. 2000, 3). Further, Afghan asylum seekers were given "annually renewable residence permits" (UNHCR Nov. 2000, 13).

During the 1980s and 1990s, Afghans could access hospitals, education and employment, and could even establish a small business despite the fact that they had "no legal entitlement to do so" (Nov. 2000, 13). In respect of employment and small business activities, "the authorities usually turned a blind eye" (UNHCR Nov. 2000, 13). However, between 1998 and 2000, the situation of Afghan refugees in India had begun to change (ibid.). This change was triggered by a new government which was "less tolerant of foreigners in general and Afghans in particular than previous administrations" and by an increase in public hostility towards Afghans which was "fuelled by the alleged involvement of Afghans in the Kashmir conflict and the hijacking of an Indian aircraft" (ibid.). The changes included a more rigorous application of the 1946 Foreigners Act, which resulted in the inability of new Afghan refugees to acquire residence permits, while Afghan refugees who arrived in India earlier than 2000 were required to present a valid national passport and pay a fee in order to renew their permits (ibid.). Afghans were generally unable or unwilling to make the fee payment and/or to obtain a passport from the Afghan embassy after paying another fee (ibid.). In the case of Afghans who were residing in New Delhi, most were left without valid residence documents, and therefore, became illegal immigrants "liable to detention and deportation" (ibid.).

Further, the government had ordered all landlords to provide information to the police about foreign tenants, resulting in the eviction of some Afghan refugees and an increase in rent for other Afghans who could not present a valid residence permit (ibid., 14).

In respect of access to employment and business activities, the UNHCR report noted that Afghan refugees experienced seizure of their assets and opposition to their participation in trade at local markets (ibid.). As at the end of 2000, fear of detention if they ventured too far into the city kept some Afghans from accessing employment, engaging in business activities and therefore, from working for a living (ibid.). Further,

[r]efugee children have been withdrawn from private schools because their parents can no longer afford to pay the fees. Without valid residence permits, it has become more difficult for the Afghans to send their children to government schools, which are in any case oversubscribed. There is also evidence to suggest that the Afghan refugee population is experiencing higher levels of physical and mental illness, as well as an increased incidence of delinquency and domestic violence (ibid.).

Regarding the right of movement in and out of India, the counsellor of the High Commission of India, in Ottawa, explained that a non-Indian citizen living illegally in India cannot legally depart and re-enter India unless he or she has misrepresented himself or herself to be an Indian citizen or is in possession of fraudulent documents or documents obtained by fraudulent means (15 Oct. 2004). The Counsellor indicated that all information provided by him and contained in this Response is valid for the period covering January 1993 through October 2004.

Regarding on Sikh families who left Afghanistan for India, BBC reported in October 2001 that only those with valid travel documents are permitted to enter India (11 Oct. 2001). The BBC article pointed out that over 150 Sikh families who wanted to enter India remained in Pakistan because they did not have valid travel documents and found it "impossible to get visas or permits to enter India" (11 Oct. 2001).

The 2000 UNHCR report stated that in light of the changes in the situation of Afghans in India, particularly in New Delhi, many Afghan refugees were "leaving the country in an 'irregular' manner to escape...their...insecurity" (UNHCR Nov. 2000, 4).

Additional information on the right of movement in and out of India by Afghans could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

BBC. 11 October 2001. Asit Jolly. "Sikh Families Escape Afghanistan." http://news.bbc.co.uk/2/hi/south_asia/1593075.stm [Accessed 18 Oct. 2004]

High Commission of India, Ottawa. 15 October 2004. Telephone interview with the Counsellor of Political and Consular Affairs.

United Nations High Commissioner for Refugees (UNHCR). November 2000. Naoko Obi and Jeff Crisp. EPAU/2000/04. Evaluation of UNHCR's Policy on Refugees in Urban Areas: A Case Study Review of New Delhi. http://www.unhcr.ch/ [Accessed 18 Oct. 2004]

U.S. Committee For Refugees (USCR). 2004. "India." World Refugee Survey 2004. http://www.refugees.org/wrs04/country_updates/south_central_asia/india.html [Accessed 18 Oct. 2004]

Additional Sources Consulted

Internet sites, including: Amnesty International (AI), Country Reports on Human Rights Practices for 2003, European Country of Origin Information Network (ECOI), Freedom in the World 2004, Human Rights Watch (HRW), Integrated Regional Information Networks (IRIN), ReliefWeb,

The Tribune.