Hilary: A Refugee is a Hopeful Warrior

Hilary interned at the Tibetan Centre for Human Rights and Democracy in India. 

Who is a refugee? As I wrote this question in the materials I am creating for a workshop the Tibetan Centre for Human Rights and Democracy is holding in the spring, it struck me that my answer to now is drastically different than it would have been two months ago.

I have had the fortune of spending the past two months in the beautiful Dharamsala, India working with the Tibetan Centre for Human Rights and Democracy. The bulk of my work has been identifying the rights available to Tibetans as refugees and stateless persons under international law and the domestic law of their host countries. I have also been working to demonstrate the access that Tibetans have to these rights and the steps host countries can take in order to better support this community.

While this experience has helped me understand what it means to be a refugee under international law and the political considerations with regards to refugee law, this knowledge is not what stands out in my mind when considering this question. I think instead of the individuals I have lived in community with throughout my time in India, and the way they have influenced my perception of refugees.

Tibetans in exile live primarily in Bhutan, Nepal and India, none of which have an official refugee policy. Tibetans therefore have no legal status in the states where they have built their lives. The constitutions of these states grant most social, political, cultural and economic rights to citizens only. Furthermore, any rights that are extended to them as “refugees” are completely discretionary. Tibetans in this region of the world live in a state of uncertainty with limited agency. But this is not what you see when interacting with members of the Tibetan community.

This internship has helped me understand the importance of rights. While this is a subject I have always been passionate about, this project has revealed the importance of protection under the law. Rights must be prescribed by law in order for individuals to have consistency in their treatment by the government – this does not exist for the majority of the Tibetan community in exile. The result of this ineffective protection is that states may terminate  discretionary “rights” that Tibetans rely on without recourse for the individuals affected. This is particularly dangerous for Tibetans given the state of international affairs in the region.

While these are the circumstances of the majority of Tibetans living in Bhutan, India and Nepal, these challenges do not prevent them from living full lives and pursuing justice for their nation. What I have witnessed among this community is a group of individuals fighting to retain and share their culture despite the persecution that many have experienced. Tibetans continue to fight for their homeland after 60 years of Chinese occupation and little recognition of their plight within the international community.

These individuals are willing to use the limited rights available to them to seek justice for their nation. Many of the individuals on the front lines of the Tibetan struggle for freedom and justice do not have the legal protection that most people enjoy. They are not only refugees, but also stateless. Not only do they not receive support from their host country, they are not considered a national of any state, and therefore have no fundamental rights granted to them apart from international conventions and constitutional rights granted to non-nationals, which as previously mentioned, are limited.

Tibetans are full of pride and hope. They are enthusiastic, encouraged, engaged and never-ceasing. I must admit that upon arrival I was naively and egoistically expecting to be a breath of fresh air, helping to bring hope to a down-trodden community. I have never been so mistaken. They have helped to reignite a fire for justice within me. TCHRD staff members have taught me what it means to be a champion of social justice. They should challenge us all to use our agency to fight for the causes we most believe in. Fear cannot stand as a barrier to progress. Battles of social justice are being fought around the world, and this is just one example of intolerable injustice facing a particular nation. I have learned that there are opportunities for transformation everywhere, both within you and for the greater good; transformations of circumstances and perception.

To me a refugee is a hopeful warrior. They are individuals with limited rights who are willing to put everything on the line to fight for their heritage, families and nation. I have been so challenged and encouraged by this community. It is truly inspirational to work alongside such passionate and driven individuals.

This is the power of a global internship. The legal research and writing skills that I have gained are incredibly valuable, but what I gained from spending time learning from my co-workers, neighbours and the managers of my favourite cafes have been the most valuable lessons of my life.