Regional Cooperation And The Protection Of Refugees: A South Asian Perspective
- IJLLR Journal
- Jul 5
- 2 min read
Asif Iqbal, Assistant Professor, School of Legal Studies, BBD University, Lucknow
ABSTRACT
South Asia hosts one of the world’s densest concentrations of displaced people—more than three million—yet the region remains outside the core bargains of international refugee law. The article explores the historical drivers of displacement throughout South Asia, including colonial divisions and interstate wars, as well as modern crises like the Rohingya migration. It argues that managing the "refugee archipelago" requires more than just state- by-state methods. With Afghanistan as the only regional signatory to the 1951 Refugee Convention, most South Asian states rely on discretionary executive measures that change according to internal politics, economic capability, and security concerns. Inequitable recognition procedures, restricted rights for non-citizens, and increasing financial and social strains on host communities are all highlighted in case studies of India, Pakistan, and Bangladesh, who collectively provide asylum to around 90% of the region's refugees.
The South Asian Association for Regional Cooperation (SAARC) is evaluated in the article as a possible venue for a legally mandated regional framework. Reviewing the 2004 South Asia Declaration on Refugees, it highlights doctrinal innovations that could be tailored to South Asian realities, such as the expanded definition of refugees, responsibility-sharing principles, and the lack of security-based refoulement exceptions, by drawing comparisons to Africa's 1969 OAU Convention. The research concludes that the best way to balance humanitarian needs with state sovereignty concerns is through a customized regional compact based on shared responsibilities and harmonized legal standards. This research paper provides practical strategies to turn South Asia's disjointed asylum system into a cohesive, rights-based governance framework by placing refugee protection within SAARC's larger development and security agenda.
Keywords: Regional Cooperation, Refugee Protection, South Asia, Forced Migration, International Human Rights
