Recommendations
The Indian government has created an unequal document regime that has once more turned identity documentation
for the Rohingyas into a tool of exclusion and repression. As the government has already collected biometric data of
vulnerable refugee groups in the country and Aadhaar is expected to remain a key service-access ID technology well
into the future, we make the following recommendations:
All refugees must be provided with Long-Term Visas and the Aadhaar. Failing that, the government of
India must recognise UNHCR Refugee Cards as eligible documents for refugees to access essential services
and as key identification documents. These are fundamental steps for refugees to be able to access and claim
basic facilities, services and rights in India.
The government must reform its biometrics collection policy applicable to ‘non-citizens’, including refugees,
stateless persons and migrants, to ensure that it is based on consent, transparency and underwritten by
international human rights and protection standards. The proposed Personal Data Protection Bill must also
regulate the collection of data for non-citizens, including refugees, stateless persons and migrants, and India
should implement comprehensive data protection standards in line with international norms.
In the context of India’s recent negative shifts in law and policy towards refugees, there is an urgent need
for a humane, inclusive and progressive law for refugee recognition and protection, which is based on
international standards.
There must be wider education and sensitisation about digital IDs and fundamental human rights, to ensure
that private citizens, corporations and government authorities, do not wrongly penalise Rohingya and
other non-citizens, due to their incorrect understanding of the legal status attached to Aadhaar cards or
perceptions that access to rights and essential services are linked to having an Aadhaar card.
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