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Xenophobia

This paper analyzes a racial disease that despises the foreigners that is Xenophobia residing in a particular country. This Xenophobic discrimination is one of the biggest compeer challenges faced in the world which is neglected by the citizens of that country. Firstly, I scrutinize the explanation of Xenophobia specifically about racism inside the world and how it influences informal politics.

The article makes certain inclusions about how the people react to Xenophobia and how this is caused in the first place and how it creates fear for the refugees, asylum seekers and others. This article also includes how the fear of Xenophobia has been totally underrated although it has been increasing a lot due to politics inside most countries.

It also discusses during a world pandemic where there are series of challenges there is another challenge and that is Xenophobia. We discuss the excellence and ways of applied research, suggesting how rational fear can be removed effectively. This article also reflects upon the hate crimes against the foreigners and the attitude of people against them and therefore not only pointing out the rights of people suffering xenophobia but also how various organisations are working to remove the fear of Xenophobia.

This paper describes how due to hate crimes these people have a huge impact on their social, economic and cultural problems. This paper has a main target upon the violence done against the foreigners and its impacts upon them. I will also illustrate certain examples and cases law regarding the discrimination done and in which form the foreigners have faced Xenophobia.

Introduction:
The increase of the ethnic diversity in the society is the unavoidable result of migration. The present scenarios in the world has diverted our attention to hate crimes happening in the world against a particular ethnicity and it is described by different labels: autochthony, nativism or ethnicity or Xenophobia.

These terms have one common problem which is faced by immigrants of various ethnicities in the world. Xenophobia is an extreme terror, disfavour and even spite towards anyone from outside the country that is the foreigners this may include people from any social group, nation, or country. Xenophobia describes the conversation and work done to increase fear and violence in the minds of foreigners of a particular ethnicity of people. It tells about how there is a disapproval of or preconception against the people from another country of any particular community for any hatred spread. This practise gives us a clear picture that the citizens think that are in better or an upper position of the non-citizens of the country.

The main agenda behind this practise is to spread fear, hatred and violence against the foreigners and that includes the legal or illegal immigrants that are the entire community of people from outside the country. The sufferers find it extremely difficult to go in any kind of public places which restrains their limit of job and education facilities and endangers the health and their basic human right of Right to live gets in the way.

The UN asks each country to takes steps to prevent Xenophobia and has framed various laws to prevent Xenophobia. Various studies on Xenophobia have described hatred for the foreigners for a number of causes that is the social status, the economy etc. The non-born citizens or an illegal immigrant staying in that particular country suffer physically as well as mentally because of this practise. There are several incidents occurring all throughout the world that prevails the picture of xenophobia: the Jewish Holocaust, the murder of Black families by Ku Klux Klan, hate crimes against Asian ethnicity people in America and various other incidents.

Xenophobia happens in 2 types; the first type is cultural type and the second type is when a group is not a part of society. The Cultural type opposes the objects and components of Culture such as clothes language or any other old tradition of ethnicity of the immigrants. The second one is a dangerous one and involves hate crimes against that people and its consequences include hostility and violence on a very large level against that particular community.

Xenophobia is irrational and has causes that can be assigned to its asset. The bad experiences with other people of different groups, a fear of violence, directly or indirect hate crimes all show that Xenophobia has acquired. The Xenophobic policies against the foreign immigrants increase and spread violence against them and creates a havoc in the country and disturbs the treaties in UN. The UN incorporates various laws to protect the migrants and their families. There are different legal frameworks done to prevent xenophobia and the it is done by the Office of the High Commissioner for Human Rights (OHCHR) in a very systematic manner. It prevents all the policies that discriminate against a particular ethnicity of the foreign immigrants. The rights of people facing Xenophobia is also covered by other organisations as well.

This word “xenophobia” comes from a composite Greek word xenos phobos where xenos means foreigner and phobos means fear. The basic idea of Xenophobia continues to be strongly lodged in developed countries and with xenophobia increasing among the people it increases a lot of violence for the immigrants. The practice of xenophobia comes from way back in early times by the Greek people. But soon it gained a lot of support and people started practising it all through the world.

The Refugees and the migrants were treated the same way and till date they are discriminated by foreigners. Xenophobia is acquired in all corners of the world. Governments often struggles with the attitudes of the multi-ethnic societies, which leads to escalate discrimination and violence directed against migrants, refugees and other non-nationals by fundamentalist group of citizens in many parts of the world. With the increase of the attacks on xenophobic increases the hatred for the foreigners and the violence is at its extreme.

Research Methodology:
This article will give you what exactly is xenophobia and will give a little insight into research methodology which is essential; for writing a research article. it will also give you a detailed perspective of doctrine sources of research used to complete this article. It discusses socio-cultural as well as legal issues which helps in organization of academic research and provides you with general tools based on the personal thoughts and valid discussions.

This is a qualitative methodology that how certain times blame game influences and how it starts and keeps increasing and giving a proper structure. The total study has been based on what people face during Xenophobia and what lawful measures can be taken against people creating the fear of Xenophobia. The article gives key ideas to the people who want to avoid this pitfall, as well as ways various strategies have been given so as to decrease Xenophobia. In this article we consider substring research and knowledge about the protection of foreigners, culminating the involvement of the policy and practice notes in this collection, and put the forward current issues and questions on the removal of this practise.

This research gives a broader view of the umbrella term Xenophobia and it also gives us a hint that it is not easy for non-citizens of the country to live freely and celebrate their life. It gives a brief view for the prevention of Xenophobia. It has been clearly shown that the foreigners' human rights have been infringed by giving examples. With the increase of hatred and crime all over the world, time by time Xenophobia definitely one of the most important problems we are going to be facing in time is how to protect the rights of foreigners all through the world. This article has a reference to case law of the International law on foreigners.

PROBLEM STATEMENT:
Xenophobia is a practise adopted by all countries. The problem with people creating xenophobia is that they are less educated and not well aware of the situations and the hatred created through politics is so much havoc and they gain political power through this. This depicts a very serious point of hate of foreigners. The main objective of this study is to understand xenophobia, its laws and its impacts.

The Research questions are:
Research Question 1: How does Xenophobia rises in the world?

Research Question 2: What and till when are the impacts of Xenophobia in the world?

Research Question 3: What is the Legal Framework surrounding Xenophobia and ways to cope up xenophobia?

Body:
When Does Xenophobia Rises?
Xenophobia often rises during economic times, election campaigns, political instability and mostly in cases of any kind of pandemic. There are situations of total poverty and demonstration of Xenophobia happen on a day to day basis are sometimes acknowledged. The migrants or the refugees, asylum seekers or any other illegal individuals staying in the country are the ones who are the main target.

In the situations where poverty and reducing the place of jobs, the place of living, education and healthcare they become an easy target of xenophobia and it increases a lot and in election people the political parties use support and defence mechanism to get votes and discriminate and create hatred for them to gain attention.

There is a way back theory that whenever a pandemic occurs there is an all of a sudden increase of xenophobia that leads a lot of difficulties for immigrants staying in the country or for the citizens of different ethnicity staying in the country as it affects the economy and the entire blame is to be put on a specific ethnicity.

There are various situations where instances have shown that xenophobia never falls behind; there are various instances like the Sars outbreak where there was a lot of terror of being socially excluded as well as abandonment as a consequence. of a disease at break where's Asians were the target or Yellow fever pandemic or when the Ebola outbreak occurred recently in 2014 the Africans were a big target of xenophobia all through the world and last but not the least the fear of the Chinese ethnicity and getting blamed for spreading the covid-19 virus all across the world is a recent example of xenophobia due to a world pandemic.

During the times when the Xenophobia is as its peak, these people that is the migrants, the refugees, even the people of these groups having disabilities, the most affected from these groups are the women and children suffer from discrimination. The problem with this practise is very unique as it starts in one country and continues to spread in various other countries and it doesn't stop. The Xenophobia attacks in South Africa started in 2008 and till date there are still Xenophobia attacks going on in entire South Africa. The lack of solving of dispute and the lack of giving punishment to people spreading fear is identified as a very important factor for xenophobic attacks.

The brutality of the police and retaliatory killings and waves of hate crimes against the foreigners and the amount of discrimination is a lot. This hatred of people for the foreigners gets a little spark when the country is facing any situation of crisis and government's politics and irresponsible behaviour shows problems. Xenophobia is known by the United Nations' Organisation for Education, Science and Culture as an ongoing international issue that is influenced by globalisation and migration.

The requirement for preventative actions against the foreigners is foregrounded. Xenophobia spreads at the most due to the media as the information of messages communicated is not under the control of any specific body. Media at times influences and makes wrong use of the word Xenophobia.

Impact Of Xenophobia:
The increase of Xenophobia forms a global image, increases the voters and has profits. It distracts the world and affects the international relation of the country where xenophobia is prevalent and shows how the domestic laws work. Xenophobia impacts several works like economy, poverty, trade, sustainable development. The increase in Xenophobia in the country has a very negative impact and obstructs the use of healthcare and medication. IOM is concerned that xenophobia will further increase, exacerbated by social tensions created by the projected economic downturn. All the countries in the world almost include foreigners who face Xenophobia and face social tensions and get discriminated on a daily basis.

These incidents start in a particular city in a country, but gradually it spreads very quickly and hatred increases. Politicians play the blame game as whenever something big happens the foreigners are scapegoats. The political parties don't realise if they create difficulties for immigrants staying, the immigrants from their country might have to suffer too. Xenophobia includes injustice to the foreigners, harm to their property, the deaths of the hundreds of murders of immigrants or refugees. A lot of these people businesses gets completely destructed and last but not the least the country's image gets cut down and so does its foreign relations.

The problems of Xenophobia are not limited to the foreigners but also to citizens who don't encourage such kind of violence. Due to the violence, the citizens suffer a lot of losses. This leads to the shift of the citizens of the country as well as the citizens try to change their cities and certain times countries as well. The basic problem is very simple as the people attacking do not even realise why did they attack on the people as some people might already be facing any kind of situation or fear in their life.

These violent attacks by citizens or by government officials or any other entities destroy the human dignity of a lot of people. It starts from the ethnic cleansing of Rohingya Muslims to Nazi chants in Charlottesville, Warsaw, and Berlin, to the racist and xenophobic attitudes of politicians in the highest levels of office worldwide. Over the past few years, the deep impact of Xenophobia is mostly on African and Asian ethnicity of people.

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) issues several complaints regarding Xenophobic violence's and works with 88 countries to remove this fear. Apart from the social, cultural and economic problems there are other problems like health, education, legal problems like documentation, violation of human rights and other problems as well.

Legal Aspects To Combat Xenophobia:
There are a lot of legal problems faced by foreigners like their security, the other legal problems they face daily. All the countries are totally responsible for making a safe place in which all humans can live freely in a safe place where they can exercise their human rights. The international convention for the elimination of racial discrimination (ICERD) provided a necessary substructure for describing Xenophobia prejudice and its anxiety faced by the immigrants and refugees and other foreigners that restricts the limit its important to save immigrants from damage caused by Xenophobia.

The scrutiny of the present documentation in this area of Xenophobia and hate crimes against the foreign immigrants, the refugees and the other people of different ethnicities. Various organizations like ILO, IMO, UNHCR alone cannot make a change for Xenophobic sentiments and cannot help people alone for their legal protection. The people who are suffering who have become the targets of hate crime need proper sociological as well as psychological help and proper legal support and legal protection.

Most national authorities like Amnesty International, European Union share equal success with international authorities for their routine work have to view the current scenario and other different non-governmental organisations. Different organisations have different aims to control Xenophobia and their main aim is to remove any kind of violence and provide safe environment to the foreigners.

Asylum: The security given or allowed by the government of the country for the individual who escapes from one's own country from any political reasons for eg. War. Under Article 14 of the Universal Declaration of Human Rights, the people who have the right to apply for an asylum has the right to seek and enjoy asylum.

Deportation:
It happens when one country removes the non-citizen due to some reasons and he comes back to his country. Article 13 of the International Covenant on Economic, Social and Cultural Rights recognizes the rights of all aliens lawfully in the territory of a state party to be expelled from the state only pursuant to a decision reached in accordance with law.

Migrant Worker:
An individual who is involved, or is to be involved, or has been involved in any kind of work in the different country. The International Convention on the protection of all migrant workers and their families 1990 recognizes the rights of migrant workers.

Illegal immigrant:
An illegal or non-documented individual and is living but definitely not as a citizen without any kind of permission from necessary authorities. The Article 2.1 of the International Covenant on Civil and Political Rights recognizes the human rights for illegal migrants.

Refugees:
That individual who has been forced to depart in order to escape from any kind of problems like any political pressure, or any other pressure. The United Nations Convention Relating to status of refugees 1951 covers the human rights for the refugees staying in the country.

The Articles 5 – 10 of the Declaration on the Human Rights of Individuals Who are not nationals of the country in which they live sets out the rights of non-citizens, which gives them certain human rights of Right to life and personal liberty and as well restricts from interfering the national security.

There are legal obligations of the state towards the people who are immigrants, refugees or other foreigners who suffer. There are various international laws for both migrants, refugees or other foreigners. There are several International Law treaties that work on rights of migrants and refugees separately for example the International Convention on the Protection of the Rights of All Migrants of 1990 (ICMW). After seeing years of struggle against removal of Xenophobia United nations also came up with its legal framework.

The Government of each state should restrict itself with the international law and is under a lawful commitment with the United Nations (UN) by signing certain agreements. But despite of the International Law most of times the foreigners face xenophobia and discrimination on basis of traditions or other factors. According to Article 26 of ICCPR states that all individuals are equivalent before law regardless of any kind of discrimination and will have same protection from law irrespective of the nationality, ethnicity, race or colour or any social status.

There are a lot of times where International law has been taken into the consideration for giving the proper justice to citizens as well as non-citizens. One such case happened in 1996 Chahal v United Kingdom (23 EHRR 413) where Mr. Chahal was a leader of the Sikh Community of Indian nationality living in Europe had insisted he was facing torture as he was being expelled to India at a very risk of ill treatment, to which court said that it is violation of Article 4, 5 of European convention for any torture face by an individual despite of its nationality and furthermore, declared that the probation should be cancelled. Any kind of ill treatment based on criteria of nationality is unconditional by the International Law for the equal treatment to non-citizens. The non-citizens have full rights to enjoy the same social economic, cultural as to those of citizens of the country.

The Article 3 of Convention against torture states that any Government is not allowed to deport a person on grounds of he being in kind of big danger or at a risk of any torture, only after determining proper grounds it can be made applicable. The foreigners staying in that country can only be deported only to the country that knows about that individual and has given access for such a deport. Any kind of law cannot be made that restricts the liberty of non-citizens of the country as even the people who are granted the Asylum has full freedom to move.

The foreigners are subjected to the rights with their freedom of speech and expression. Their privacy rights are not allowed to be interfered in any manner. For any arrests of non-citizens lawful and the same process to be followed as that of citizens of any country. The local or main degree of standard of living for both the refugee and migrant should not be biased on the basis of nationality or any other basis.

The right of taking systematic procedure by the authorities in charge for any kind of xenophobic violence, or any wrong behaviour or any kind of act that is prejudicial on any basis nationality against the non-citizens. Systemic action is expected from the respective authorities of any prejudicial behaviour from the citizens or anyone else. The need of the safety of foreigners should be unbiased with meeting the needs of International Law. The prejudicial biased acts are strictly punishable with respect to court of law with both fine and behind the bars from the government.

Suggestions:
There is a requirement to remove xenophobia from the world. A way of doing this is by providing education, effective awareness and educational movements and providing various opportunities for different social, economic and cultural backgrounds. By increasing awareness about the problems raised for the foreigners when they stay at a different country and providing them knowledge about the various cultures staying inside that country. They can do this by celebrating different cultures and making them aware about qualities of the different traditions and also talking about various other things about that country.

Since these practises are increasing day by day something needs to come for the permanent removal of this practise. By embracing and applying proper legal protection by filing complaints and maintaining proper records of the hate crimes and by removal of negative thoughts and relating every crime done and by proper investigation Xenophobia can be prevented. This can make the system a better place to live. The victims suffering should get proper, non-discriminatory justice and treatment in each and every hospital or police stations or in courts.

The Government officials working should ensure fair and equal treatment and there should be equality in terms of all aspects and any kind of discriminatory acts should be avoided. Proper coordination is required of each and every citizen or immigrant or refugees or any other foreigners. The states need not necessarily create new laws but instead should maintain dignity and respect towards the current laws. The citizens should help in standing out for those who are suffering the hate crimes for Xenophobic violence.

Conclusion:
Xenophobia is now currently become a very common issue especially after the spread of Covid-19 virus in entire world which led to the Xenophobic violence on Asians in America which has led to hatred against them in the entire world. Government should take grievous steps to punish the people who spread the hatred against the foreigners or are involved in any kind of Xenophobic violence against the spirit of humanity. There should be states with different diversities as it makes the relationship between different communities healthier.

While expanding about the topic on Xenophobia the enabling of multicultural is most necessary change for prevention of Xenophobia. Xenophobia is based upon various factors. The anti-foreigner violence disturbs and pollutes the entire world by increasing racism and increases a lot of fear in minds of foreigners. The main challenge of preventing xenophobia is to restrict the violence and implement proper legal ways for prevention of Xenophobia.

There is a very ill minded observation and different behaviour pattern for the foreigners in brains of the citizens and the politicians and that is the reason why they are blamed for socio-economic ills. The necessary interaction should be done of the citizens and foreigners which develops sense of bonding and trust which was absent earlier. The resolutions of the conflict related unemployment or any such factor which can be met easily is done through non-violence. The foreigners are threatened which cannot be resolved until and unless people are educated and laws are properly implemented.

Acknowledgement:
Research work is a work that is advantageous in every manner and a lot of knowledge is gained and a lot of new information is achieved which was not there in the first place. This which requires brainstorming and a lot of new experience. It is not possible without the help and guidance of a mentor. A major research project like this is never the work of a single individual. The completion of the project could not have been possible without the contribution of so many people who are sincerely appreciated.

Firstly, I would like to express my gratitude and undoubtedly thanks to our subject teacher and our Director Dr. Sukhvinder Singh Dari as his input was crucial for understanding the fundamentals of the project. He made it easy for choosing the topic and he heard all the difficulties of the topic and then answered all the queries regarding the topic. We also wish to thank our family and friends as an inspiration and their wishes were always a guiding light for us.

Bibliography:
  1. https://www.ohchr.org/Documents/Publications/HR-PUB-14-1_en.pdf
  2. https://www.ohchr.org/en/professionalinterest/pages/cat.aspx
  3. https://en.wikipedia.org/wiki/Chahal_v._United_Kingdom#:~:text=United%20Kingdom%20(23%20EHRR%20413,torture%20or%20inhuman%20or%20degrading
  4. https://www.un.org/en/universal-declaration-human-rights/
  5. https://businesstech.co.za/news/lifestyle/116644/the-most-racist-countries-in-the-world/
  6. https://media.africaportal.org/documents/Xenophobic_violence.pdf
  7. Cawdron Peter (2013) Xenophobia Create Space.
  8. https://www.equalityhumanrights.com/en/our-human-rights-work/monitoring-and-promoting-un-treaties/international-convnant-civil-and
  9. Gordan Steve (2020, April 03) South Africa vulnerable to those looking to spread fear to us Covid-19 to spread Hate and fear, news 24.com(South Africa news)
Written By: Dev Ahuja SLS Nagpur

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