In the last two years world witnessed the biggest humanitarian and refugee crisis in the history
of mankind. The civil war and violence by a radical militant group in Syria has led to a disgraceful
humanitarian calamity with suffering and displacement unparalleled in recent history. About 4.8
million people flee from the country to take refuge in neighboring states1 for an untimed return to their
land.But the frequentseries of violence and human rights violations in many parts of the worldhas
generated more displacement situations and raised serious concern to relook into the international
provisions for refugees and the political will of the world nations to cooperate and share burdens of
such mass exodus. The changing nature of armed conflict and displacement has created serious angsts
about “uncontrolled” migration, in this era of globalization wherein the protection of human rights
has to be realized largely. Asylum countries in many parts of the world are concerned about the lack
of resolution of certain long-standing refugee problems, irregular migration, anapparent imbalance in
burden- and responsibility-sharing amongst the states, and increasing costs of hosting refugees and
asylum-seekers that need to be addressed.
According to the 1951 Convention relating to the Status of Refugees, a refugee is someone who
has a well-founded fear of persecution because of his/her race, religion, nationality, membership
in a particular social group, or political opinion; is outside his/her country of origin; and is unable
or unwilling to avail him/herself of the protection of that country, or to return there, for fear of
persecution.2 This definition was limited to include refugees as a result of events occurring in Europe
or elsewhere before 1 January 1951. As new refugee crises emerged during the late 1950s and early
1960s, a Protocol to the Convention was drafted and adopted in the year 1967.