INDIA’S INTERNATIONAL MOVEMENT TO UNITE NATIONS

STUDY GUIDE

COMMITTEE: INDO-PAK SPECIAL SUMMIT

AGENDA: QUESTION OF ILLEGAL IMMIGRATION
 MANDATE
Indo-Pak Special Summit is a bilateral discussion forum between the Heads of State/Government
or their representatives of the Republic of India and the Islamic Republic of Pakistan. The
summit is held to hold discussions regarding cross-border tensions, peace resolution,
immigration crisis, terrorism and the issue of Kashmir.
Summits like these are organised to develop bilateral declarations and agreements on different
agendas and matters of concern between two countries. Such forums are held with the consent of
both countries at a decided location in a site of historical significance or border regions of either
country otherwise at times a third country mediates between both.

INTRODUCTION
As the British Empire lost its dominance in 1947, two new nations were divided, India and
Pakistan. The division of territories between both countries resulted in years-long struggles of
the citizens from both sides of the border being displaced resulting in mass immigration both
legal and illegal. It is estimated that almost 14.5 million people were displaced in the four years
following the partition in 19471. After 75 years of one of the largest migrations in the World
illegal immigration still prevails in both Nations. This is a complex and pressing issue of
undocumented migration between both countries which poses challenges to both nations, ranging
from security concerns, and humanitarian issues to socio-economic impacts.

Immigration and Illegal Immigration

The UN Migration Agency, International Organization for Migration (IOM) defines a migrant as
any person who is moving or has moved across an international border or within a State away
from their habitual place of residence, regardless of the person’s legal status, whether the
movement is voluntary or involuntary, what the causes for the movement are and what the length
of the stay is. Immigration is the migration of persons into a state or territory while Illegal
immigration is the movement of undocumented citizens without either a valid citizenship or a
visa.

Refugees or immigrants from a crisis-affected region who move in without any valid visa or
documentation are often considered in the category of illegal immigrants. The Refugee
1
https://research.hks.harvard.edu/publications/getFile.aspx?Id=308#:~:text=The%20partition%20of%20India%2
0in%20August%201947%20is%20one%20such,quences%20of%20this%20rapid%20movement.
Convention of 1951 considers refugees as the most vulnerable people in the world. The
Convention primarily suggests Non-Refoulement, i.e., refugees should not be sent back to the
country where they face threats to life and freedom. This document2 also outlines basic minimum
treatment standards with refugees, their rights and obligations. However, it is interesting to note
that India and Pakistan are not signatories to the convention.

Citizenship and Immigration Constitutional Provisions and Laws

INDIA: Articles 5-11 under Part II of the Indian Constitution deal with citizenship. The
provision gives the parliament the power to enact laws concerning citizenship in the country. The
Citizenship Act of 2005 provides five ways of getting citizenship in India, viz, birth, descent,
registration, naturalisation and incorporation of territory. Similarly, regarding immigration and
illegal immigration, the Passport (entry into India) Act of 1920 and the Foreigners Act of 1946
govern provisions in India.

PAKISTAN: The country has similar provisions on citizenship in the Indian Constitution. The
Pakistan Citizenship Act of 1951 provides citizenship by birth, descent, migration and
naturalization. The Foreigners Act of 1946 enacted by the British Government, the Passport Act
of 1974 and the Security of Pakistan Act of 1952 provide the legal framework for regulating the
entry and exit of immigrants in the country.

Factors affecting illegal immigration:

Domestic and foreign policies: Policies affect immigration trends in multiple ways. The party in
power and the ideological background reflect the domestic policies directly whereas foreign
policies directly or indirectly determine the country’s stance on immigration and asylum policies.
The Left-leaning parties often tend to have loose restrictions on illegal immigrants and refugees
whereas Right-wing parties often base their voter stance on the promise of removing illegal
immigration and stricter actions against them. While International alliances like NATO and EU
create channels for providing asylum to refugees within their member states the situation
between Indo-Pak is quite different. Unlike, the Western countries, in India and Pakistan tensions
related to illegal asylum have been a critical issue since their Independence from colonial power.
Both countries are not easily forced to change their domestic or foreign policy due to the
pressure of foreign nations.
2
https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees
Communal tensions: have been at the core of the issue between India and Pakistan. The
formation of new nations post-partition was based on religion hence minority communities in the
respective communities often face tensions and threats of persecution and discrimination.
Religious Nationalism often drives the force against refugees and asylum seekers of the opposite
communities which gives rise to illegal immigration.

Labour Employment and Economic factors: have both positives and negatives. While illegal
immigration provides cheap labour employment it also gives rise to the exploitation of
undocumented labourers. Since employers get cheap labour easily from illegal immigrants local
citizens blame them for their job loss and this leads to hatred among locals against
undocumented refugees. While many of such undocumented labourers avail of government
welfare schemes and benefits through ration and other beneficiary schemes, the lack of proper
documentation and records with the government leads to economic disparities.

Security Concerns are highly posed by cross-border infiltration of illegal immigrants. The
influx of undocumented citizens poses a heavy threat of them being exploited and misused by
non-state actors. Indian and Pakistani migrants are vulnerable to getting involved in trafficking
and terrorism. Within the boundaries too there are concerns about criminal activities due to lack
of awareness and education about local laws.

The Humanitarian Challenges: posed to illegal immigrants have the worst impact since this
aspect is often ignored for undocumented citizens and their families, especially, children,
women, gender minorities, religious minorities and other vulnerable groups. They face
discrimination based on caste, creed, race, gender, exploitation and the lack of basic amenities
like food, water, sanitation and health facilities are frequently faced by illegal immigrants in the
countries they are displaced to. Religious minorities in both countries often face challenges of
racial discrimination. Illegal immigrants are often treated as inferior beings, who have latched on
to and feeding on the resources of one’s country.
 HISTORY
Immigration between both countries:
Pre-Partition (before 1947)
Before the partition of India in 1947, the movement of people between what is now India and
Pakistan was a common occurrence, as both regions were part of British India. The partition of
India in 1947 was accompanied by the largest mass migration in human history, approximately
10 million people. The agreement to divide colonial India into two separate states - one with a
Muslim majority (Pakistan) and the other with a Hindu majority (India) is commonly seen as the
outcome of conflict between the nations' elites.

Post-Partition (1947 and post)

The partition of India in 1947 resulted in one of the largest and most rapid migrations in human
history. The total migratory inflows were estimated at 14.5 million and outflows of 17.9 million,
implying 3.4 million “missing” people. The major immigrant flows have been recorded during
and after Partition and the 1971 Bangladesh Liberation War. According to Census 2011, around
5.5 million people in India had reported their last residence outside the country which is roughly
0.44 per cent of its total population.

Bangladesh formation (1970s)

During the Bangladesh liberation war with West Pakistan in 1971, an estimated ten million
people of East Pakistan (present-day Bangladesh) fled the country and took refuge in India,
particularly in the Indian states of West Bengal and the Indian North East region, especially
Tripura and Assam. Another major influx into India came in 1971 during the Bangladesh
Liberation War when Hindu refugees escaped systematic mass killings, rapes, lootings and arson.

Past policies of both countries on Illegal Immigration

In India, an illegal immigrant is a foreigner who has entered India either without valid
documents or who initially had a valid document but has overstayed beyond the permitted time,
as per the general provisions of the Citizenship Act as amended in 2003. Such persons are not
eligible for citizenship by registration or naturalisation. They are also liable to be imprisoned for
2–8 years and fined. An exception was made in 2015 for minority communities of Bangladesh,
Pakistan and Afghanistan who were compelled to seek shelter in India due to the fear of religious
persecution.
In Pakistan, the only law about immigrants is the Foreigners Order of 1951 (amended in 2000).
Accordingly, foreigners without a valid passport and visa and those not exempted from this
requirement can be refused entry.

CURRENT SCENARIO
CAA-NRC
The Citizenship Amendment Act (CAA) of 2019 was passed to provide Indian citizenship to
illegal migrants who entered India on or before 31st December 2014. The Act was passed for
migrants of six different religions such as Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians
from Afghanistan, Bangladesh, and Pakistan. However, the law does not grant such eligibility to
Muslims from these countries. This act was the first time religion had been overtly used as a
criterion for citizenship under Indian law, and it attracted global criticism.

The National Register of Citizens (NRC) is a record of citizens of India excluding others. The
Union Home Ministry informed the Lok Sabha that it has not taken any decision yet on
preparing a pan-India National Register of Citizens (NRC) and added that the people who come
under the ambit of the Citizenship Amendment Act (CAA) can apply for citizenship after the
provisions under the law are released.

NRC in Assam and Detention camps

The National Register of Citizens (NRC) in Assam is a list designed to identify legal residents
and weed out illegal immigrants from the state which was done between 2013-19. A total of
3,30,27,661 people had applied to be included in the NRC. Amongst them, 3,11,21,004 have
been included in the document and 19,06,657 were excluded.

There are six detention centres in Assam having a capacity of 3,331 people. They are Tezpur
(797 people), Silchar (479), Dibrugarh (680), Jorhat (670), Kokrajhar (335) and Goalpara (370
people). These detention centres in Assam are a group of immigration detention centres for
illegal immigrants located in Assam. The detention centres are commissioned as a place to house
erstwhile residents who were excluded in NRC and finally declared illegal immigrants by the
foreign tribunals of Assam.
Pakistan-Afghani Refugee Crisis
Pakistan is host to 1.3 million registered Afghan refugees while another 840,000 hold
Citizenship Cards that give them some protection. A further 1.5 million Afghans are estimated to
be living in Pakistan without any documentation, including some 600,000 who arrived in the
country following Afghanistan’s takeover by the Taliban authorities in August 2021. More than
600 Afghans have been deported from Pakistan, and hundreds more face expulsion in a renewed
crackdown on migrants.
The Pakistani interim Interior Minister, Sarfaraz Bugti, recently issued a deadline of October 31
for Afghani undocumented immigrants to leave the country. Thousands of immigrants have fled
the border since then. Since, the Soviet invasion of Afghanistan, the vast majority of foreigners
living in Pakistan come from Afghanistan. As per the government’s claim, almost 1.7 million
Afghans are undocumented. The main reason for the deportation has been due to security threats
and a rise in crimes including suicide bombs. The Pakistan government's move has been widely
criticised by human rights activists citing the situation in Afghanistan as not being suitable for
refugees and posing a significant threat to life and liberty.

PROPOSED SOLUTIONS
Illegal immigration policies around the world:
United Kingdom
In the UK, a person becomes a refugee when the government agrees that an individual who has
applied for asylum meets the definition in the refugee convention they will “recognise” that
person as a refugee and issue them with refugee status documentation. One can normally stay in
the UK for 5 years if given permission (known as ‘leave to remain’). One can apply for
settlement or further leave when leave expires. If one cannot return to another country because
they fear persecution there, they should claim asylum first. One must apply online. Recently,
Conservative PM Rishi Sunak’s policy to transfer illegal immigrants and refugees to Rwanda
was struck down by the Supreme Court calling it ‘unlawful’.

New Zealand
The Immigration Act 2009 (the act) is the fundamental source of New Zealand law. The Act sets
out who needs a visa to travel to or stay in New Zealand and provides for the certification of
immigration instructions. The measures used by the government of New Zealand to prevent and
detect immigration offending include screening all passengers when they check in at overseas
airports, sharing biometric information like fingerprints with the United Kingdom, the United
States of America (US), Australia, and Canada, checking all travellers flying to, through or from
New Zealand. According to the New Zealand government, their immigration laws balance both
their national interests and international obligations.

United States of America

As per US immigration law entering unlawfully or lawfully entering but then remaining after the
expiration of their visas or parole is a law violation. As per the US National Security Strategy,
the United States affirms its sovereign right to determine who may enter the country and under
what circumstances. The states are divided on the lines of illegal immigration policy. While
Democratic Party-controlled states have liberal policies towards immigrants, Republican
Party-controlled states have stringent policies against illegal immigrants. The Illegal Immigration
Reform and Immigrant Responsibility Act (IIRIRA) of 1996 in the US introduced the
Deportation of illegal immigrants who commit crimes, a ban on re-entry and penalties. The
policy also made employment compulsory for immigrants in the country.

Singapore

Non-residents working in Singapore require a work visa. The country has strict border control
and work permit visas for immigrants to balance talent from outside and internal security and
harmony. It is also illegal for Singaporeans to harbour illegal immigrants. If any person is
found guilty of recklessly or knowingly harbouring overstayers and/or illegal immigrants,
they may be sentenced to imprisonment for a term not less than six months and not more than
two years and a fine not exceeding $6,000.

Other solutions:
Creation of domestic legislation within both India and Pakistan for illegal immigration
balancing National interest and International law. There must be a policy that distinguishes
between refugees, economic migrants and illegal immigrants assisting asylum seekers.

South-Asian Countries can together build upon a joint policy or declaration on immigration
similar to the European Union to provide refugees asylum in times of crisis and reduce the
burden of refugees on single countries.
Strengthening border control through enhanced technological aids, surveillance, joint
patrolling, checkpoints and sharing intelligence and resources can help both countries to form
a bilateral comprehensive solution.

Employment and Rehabilitation facilities in terms of infrastructure, education and other

opportunities should be created as an alternative for immigrants searching for resettlement
and livelihood. This would reduce stress on both countries to take care of illegal migrants and
also discourage migrants from moving illegally across the border in search of better
opportunities. The countries must take care of their National interests while respecting the
basic human rights of the undocumented citizens as per the Geneva Convention and
International Humanitarian laws.

BLOCK POSITIONS
India
India’s position on illegal immigration is complex and multifaceted. India does not have a
national policy or a law to deal with refugees. The country is not a signatory to international laws
such as the 1951 UN Convention and the 1967 Protocol, which secure the rights of refugees to
seek asylum and protect them from being sent back to life-threatening places. This leads to an
“ad-hoc and arbitrary” manner of dealing with refugees. In 2019, the Indian government passed
the Citizenship Amendment Act (CAA), which offers amnesty and expedites the path to Indian
citizenship for non-Muslim “illegal immigrants” from Afghanistan, Bangladesh, and Pakistan.
This act was the first time religion had been overtly used as a criterion for citizenship under
Indian law. While India on numerous occasions has accused Pakistan of forceful illegal
migration, recent claims in the lower house of the parliament were made that Pakitan-based
terrorists are being forced out of the Indian territories.

Pakistan
The country is home to a large number of Afghan refugees and migrants. Pakistan is determined
to remove all illegal immigrants from the country. The government has asked all undocumented
immigrants, including an estimated 1.7 million Afghans and other nationals, to voluntarily leave
the country by a certain deadline or face deportation.
Although the presence of illegal aliens in Pakistan is against the law, the Government of Pakistan
has just recently made a serious effort to deport them. The government claims that this decision
is in line with international practices. Pakistan has set up deportation centres in southwestern
Baluchistan and northwest Khyber Pakhtunkhwa province. The country has stated that the focus
is only on people who are in the country illegally, regardless of their nationality.

SUGGESTED MODERATED CAUCUS TOPICS

1. Discussing the historical context of immigration between India and Pakistan.

2. Analyzing the impact of the Partition on the patterns of illegal immigrants.
3. Understanding the role of the Bangladesh Liberation War in shaping immigration flows.
4. Discussing the impact of terrorism on illegal immigrants with special regard to the issue
of Kashmir.
5. Debating the implications of India's Citizenship Amendment Act (CAA) and National
Register of Citizens (NRC).
6. Discussing the human rights implications of detention camps on undocumented citizens.
7. Examining the role of religion in cross-border infiltration and immigration crisis.
8. Discussing a framework for the rehabilitation and future of Afghani refugees in India and
Pakistan.
9. Creating a bilateral framework for the return of illegal immigrants to their respective
countries.
10. Brainstorming strategies for effective legislation and policy-making for illegal
immigrants.
 RESEARCH LINKS
(Note: Delegates, some of the links are only meant for light reading and thus are not highlighted,
Only refer to the highlighted sources as valid proof as others may or may not be accepted as a
source of proof in the Council. The decision of the Presiding Officer regarding the acceptable
sources is Final and Binding.)

1. https://www.amnesty.org/en/what-we-do/refugees-asylum-seekers-and-migrants/
2. https://www.unhcr.org/media/state-worlds-refugees-2000-fifty-years-humanitarian-a
ction-chapter-3-rupture-south-asia
3. https://www.indiatoday.in/maximum-immigrants-entered-india-more-30-years-ago
4. https://www.aljazeera.com/whats-wrong-the-pakistanis-on-expulsion-of-afghan-refugees
5. https://timesofindia.indiatimes.com/city/amritsar/concern-over-pak-hindus-migrating-to-i
6. https://www.thequint.com/news/india/nrc-citizens-of-nowhere-how-fate-hangs-in-balance
7. https://www.livemint.com/news/world/pakistan-to-deport-illegal-immigrants-from-nove
mber-2-rights-groups-warn-of-humanitarian-crisis-11698812094096.html
8. https://www.dawn.com/news/1788654
9. https://timesofindia.indiatimes.com/bjp-time-bound-deport-illegal-immigrants/
10. https://cjp.org.in/no-india-is-not-home-to-crores-of-illegal-immigrants-or-otherwise/
11. https://www.unhcr.org/in/news/stories/pakistans-disastrous-floods-uproot-refugees-a
nd-citizens
12. https://www.ohchr.org/en/press-releases/2019/07/no-steps-taken-india-or-pakistan-i
mprove-human-rights-situation-kashmir-un
13. https://www.hrw.org/report/2017/02/13/pakistan-coercion-un-complicity/mass-forced-ret
14. https://www.hindustantimes.com/india-news/assam-nrc-1-9-million-names-excluded-fro
m-final-list/story-KOlZwevNzXlKgrhpbDZvlO.html
15. https://refugeehistory.org/blog/2017/8/12/build-the-refugee-build-the-state-development-r
16. https://www.theguardian.com/world/2019/nov/10/vox-party-puts-menace-of-migrant-chil
17. https://www.aljazeera.com/news/2023/10/4/eu-member-reach-deal-on-migration-policy
18. https://www.usip.org/publications/2019/02/what-can-be-done-calm-india-pakistan-crisis
19. https://www.amnesty.org/en/latest/campaigns/2015/10/solutions-world-refugee-crisis/
20. https://www.thehindu.com/news/national/external-affairs-minister-jaishankar-holds-talks-
with-austrian-counterpart-inks-pact-on-migration-and-mobility/article66330743.ece