PHA-Exch> Treatment of Rohingya and Bangladeshi 'Boat People' in Asia

[Claudio Schuftan]

From: Kamayani kamayni at gmail.com


We are extremely concerned about the treatment of over a thousand Rohingyas
from Burma and migrants from Bangladesh who have been forcibly expelled and
abandoned in international waters by the Thai security forces since December
2008.

Over the past few weeks, several boats have been rescued off the coasts of
Indonesia and the Andaman Islands of India. Survivors tell of having been
detained in Thailand, beaten, and towed out to sea on boats without engines
or sufficient food and water. Several hundred remain missing and are feared
dead.

We are also concerned about the fate, including possible *refoulement*, of
the Rohingya who remain in detention in Thailand, Indonesia and India. If
Rohingyas are returned to Burma they could face widespread human rights
violations, including forced labour, forced eviction, land confiscation and
severe restrictions on freedom of movement. *Refoulement* of such
individuals is prohibited under customary international law.

*Background*

Over the past two years, the number of people leaving Bangladesh and Burma
by boat for Southeast Asia has grown. They have fled in search of
protection, safety and/or work. Most are Rohingyas, a Muslim minority from
western Burma.

The Rohingya have been rendered stateless in Burma and have experienced
systematic discrimination, exclusion, and human rights violations in Burma
for decades, prompting hundreds of thousands to seek refuge in neighbouring
countries, most notably Bangladesh, Malaysia and Thailand.  Most are without
legal status and are vulnerable to arrest, imprisonment, detention and
deportation.

Aside from the Rohingya, millions of ethnic minorities and political
activists have fled Burma, fearing persecution, violence and human rights
abuses.

*Specific Concerns *

We are concerned by the following reports about the Rohingya:

   - The ill-treatment and failure to provide adequate assistance to
   hundreds who were arrested and detained in Thailand. Since December 2008,
   those captured at sea by the Thai Navy were directly transferred to the
   custody of the Thai Army at Koh Sai Daeng. Despite their weak condition,
   they were not provided with adequate food, were forced to sleep outside
   under armed guard, and were subject to ill-treatment such as kicking and
   beatings with a stick. They were then forced to board boats that were not
   seaworthy, were given inadequate provisions, and then towed out to sea and
   abandoned.
   - Those who initially refused to board the vessel were threatened at
   gunpoint. Four men were thrown overboard with their hands tied.
   - Hundreds, perhaps thousands, remain missing, including children.
   - Thailand and Indonesia have announced their intention to deport the
   Rohingya in their custody.**

We recognize that:

·         The Indonesian and Indian Governments have conducted rescue at sea
operations, providing relief and medical attention to rescued Rohingyas and
Bangladeshis.

·         On 26 January 2009, the Thai Government transferred 78 new
arrivals to Police and Immigration authorities rather than the Army.

·         The Thai Government has indicated that it will postpone the
deportation of the 78 Rohingya arrivals until further investigation of their
injuries. The Thai Government has also called for a regional solution to the
plight of Rohingya.

*Recommendations*

Given the gravity of situation, we recommend that:

*The Burmese Government:*

   - End the systematic persecution of the Rohingya ethnic minority and
   recognise them as citizens with full rights and protection.

*The Thai Government:*

   - Cease forcibly expelling the Rohingyas, which is in violation of
   international law. Investigate serious allegations of mistreatment by the
   Thai security forces which may be in serious violation of Thailand's
   obligations under the 1984 the Convention against Torture and Other Cruel,
   Inhuman or Degrading Treatment or Punishment, and bring to justice those
   responsible.
   - Ensure that detainees have access to humanitarian assistance,
   protection and independent legal counsel by relevant international and local
   agencies. The UN Refugee Agency (UNHCR, the UN High Commissioner for
   Refugees) should have access to all detainees to ensure fair determination
   of their status.
   - Facilitate an open and independent inquiry by the Thai National Human
   Rights Commission and/or an international body into the allegations of human
   rights violations, providing them with full access to survivors and
   detainees, relevant government and army officials, and records related to
   the events. **

*The Indonesian and Indian Governments:*

   - Respect the principle of *non-refoulement* in relation to those rescued
   at sea and currently being detained.
   - Ensure that detainees have access to humanitarian assistance,
   protection and independent legal counsel by relevant international and local
   agencies. UNHCR should have access to all detainees to ensure fair
   determination of their status.

*The Bangladeshi Government:*

   - Uphold its international obligations as a country of first asylum to
   ensure the protection and assistance of Rohingya with the support of the
   international community.

*The members of the Association of South East Asian Nations (ASEAN), the Bay
of Bengal Multi-Sectoral Initiative for Technical and Economic Cooperation
(BIMSTEC) and the South Asian Association for Regional Cooperation (SAARC):*

   - Launch immediate search and rescue operations for the remaining boats
   pushed back into international waters, as well as other boats of migrants
   reported to have left Bangladesh.
   - Work with the UNHCR, the international community and civil society
   groups to find equitable regional solutions that meet the protection needs
   of those forced to leave Burma, with responsibility-sharing arrangements
   regionally and internationally.
   - Urge the Burmese Government to stop the systematic persecution of the
   Rohingya minority, which is the root cause of their flight to neighbouring
   countries. **
   - Meet their obligations as state parties to the 1982 United Nations
   Convention on the Law of the Sea (UNCLOS) and the 1974 International
   Convention for the Safety of Life at Sea (SOLAS) and the 1979 International
   Convention on Maritime Search and Rescue (SAR).
   - Urge all members to ratify the 1951 Convention Related to the Status of
   Refugees, its 1967 Protocol, the 1954 Convention Relating to the Status of
   Stateless Persons, and  the 1990 International Convention for the
   Protection of the Right of All Migrant Workers and Members of their Families.
   **

*The United Nations and the International Community:*

   - Continue to support the governments of Bangladesh, Malaysia, Thailand
   and its neighbours to find a durable solution to the protection needs of
   Burmese refugees throughout the region, ensuring consultation with civil
   society.
   - Engage the Burmese Government to solve the ongoing human rights crisis
   there, including amending the 1982 Citizenship Law which renders the
   Rohingya stateless. **
   - Ensure that urgent humanitarian assistance is provided to Rohingyas and
   Bangladeshis who have fled on boats.
   - Ensure that human rights complaints related to the treatment of these
   people are thoroughly investigated and reported to the Human Rights Council

 This statement was written by members of the Asia Pacific Refugee Rights
Network (APRRN)[1]<http://mail.google.com/mail/?ui=2&view=js&name=js&ver=iIduH_GB8D0&am=X7UYJdT3cG3JBfzi0dWOCvVu#11f4ede0fdac331b_11f4ed5fe5d81029_11f49dd47d9ab9ba__ftn1>,
and has been endorsed by over 100 organizations and individuals

------------------------------

 [1]<http://mail.google.com/mail/?ui=2&view=js&name=js&ver=iIduH_GB8D0&am=X7UYJdT3cG3JBfzi0dWOCvVu#11f4ede0fdac331b_11f4ed5fe5d81029_11f49dd47d9ab9ba__ftnref1>
The
Asia Pacific Refugee Rights Network (APRRN) is a civil society network
committed to advancing the rights of refugees in the Asia Pacific Region.
The network includes members who work directly with the Rohingya population
in Asia.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://phm.phmovement.org/pipermail/phm-exchange-phmovement.org/attachments/20090207/c55a3977/attachment-0001.html>