Hostile environment or internal pathology? An examination of the UNHCR's protection mandate with respect to Rohingya refugees in India

Abstract

Using a constructivist and sociological lens, this study explores the constraints faced by the UNHCR in protecting the rights of refugees in countries that are not signatories to the 1951 UN Refugee Convention and that treat foreigners and refugees alike. Taking the case of Rohingya refugees living in India, it is found that the UNHCR faces a challenging environment in India as the government labels Rohingya refugees as illegal immigrants. However, this does not dismiss the tendency in the UN refugee agency itself to have its own pathologies of insulation rooted in its bureaucratic nature that affects its efficiency.