Give the UN access to Rohingya asylum seekers in Thailand

(Photo - Phuket Wan)

Phil Robertson, Sunai Phasuk, Brad Adams, John Sifton (Human Rights Watch)

The Nation

January 9, 2013

The Thai government should immediately halt its plan to deport 73 ethnic Rohingya back to Myanmar. Thai authorities should allow the United Nations High Commissioner for Refugees (UNHCR), the UN refugee agency, unhindered access to these and other boat migrants from Myanmar's Arakan State, to determine whether they are seeking asylum and whether they are qualified for refugee status. 

On January 1, near Bon Island in Phuket province, Thai authorities intercepted a boatload of 73 Rohingya migrants - including as many as 20 children, some as young as three - that contained likely asylum-seekers. After providing food, water and other supplies to the passengers and refuelling the boat, Thai authorities initially planned to push the boat back out to sea, en route to Malaysia's Langkawi Island. When they found that the rickety, overcrowded boat had cracks and that many passengers were too weak to endure a stormy sea voyage, the authorities brought the group ashore to the Phuket Immigration Office. By 4pm on January 2, two trucks with all 73 Rohingya were heading to Ranong province for deportation back to Myanmar.

The Thai government should scrap its inhumane policy of summarily deporting Rohingya, who have been brutally persecuted in Myanmar, and honour their right to seek asylum. The UNHCR should be permitted to screen all Rohingya arriving in Thailand to identify and assist those seeking refugee status.

The Thai government's so-called "help on" policy fails to provide Rohingya asylum-seekers with protection required under international law, and in some cases increases their risk. Under this policy, the Thai navy is under orders to intercept Rohingya boats that come close to the Thai coast. Upon intercepting a boat, officials provide the boat with fuel, food, water and other supplies on condition that the boats sail onward to Malaysia or Indonesia. All passengers must remain on their own boats during the re-supply.

Should a boat land on Thai soil or be found to be unsafe, Thai immigration officials will step in to enforce deportation by land. This "soft deportation" process has resulted in Rohingya being sent across the Thai-Myanmar border at Ranong province, where people smugglers await deported Rohingya to exact exorbitant fees to transport them to Malaysia. Those unable to pay the smuggling fees are forced into labour to pay off the fees, condemning them to situations amounting to human trafficking.

Thailand has repeatedly stated its commitment to combat human trafficking, yet by deporting Rohingya into the hands of people smugglers, they are making them vulnerable to trafficking.

In January 2009, Thailand's National Security Council, led by then-prime ninister Abhisit Vejjajiva, authorised the navy to intercept incoming Rohingya boats and detain the passengers before pushing them back to sea. Later that year, Thai security forces were captured on video towing boats with Rohingya out to sea, which the government initially denied, but which Abhisit later conceded, saying, "I have some reason to believe some of this happened." While the recent "help on" strategy has meant that intercepted boats are re-provisioned, the Thai navy is still pushing back to sea boats filled with Rohingya, with some deadly results.

Thailand's response to arriving Rohingya asylum-seekers contrasts sharply with the policy in Malaysia, where the authorities have routinely allowed the UN refugee agency access to arriving Rohingya. Those recognised by the agency as refugees are released from immigration detention.

Myanmar authorities have long persecuted the Rohingya, members of a Muslim minority group who have lived in Myanmar for generations. Government and military authorities in Arakan State regularly apply severe restrictions on the Rohingya's freedom of movement, assembly and association, levy demands for forced labour, engage in religious persecution, and confiscate land and resources. Myanmar's 1982 Citizenship Law effectively denies the Rohingya citizenship, leaving them stateless.

Each year hundreds of thousands of Rohingya in Arakan State flee repression by the Myanmar military and dire poverty. The situation significantly worsened in late 2012 following communal violence in June and October targeting Rohingya and other Muslim groups. The arrival of the 73 Rohingya in Phuket on January 1 was the first acknowledged interception that included women and children on board. Many more boats are expected to set sail from Myanmar in the coming months.

Under the Universal Declaration of Human Rights, everyone has the right to seek asylum from persecution. While Thailand is not a party to the 1951 Refugee Convention, under customary international law the Thai government has an obligation of "non-refoulement" - not to return anyone to a place where their life or freedom would be at risk.

The Thai government should ensure that its laws and procedures recognise the protection needs of ethnic Rohingya. The UNHCR has the technical expertise to screen for refugee status and the mandate to protect refugees and stateless people. Effective UNHCR screening of all boat arrivals would help the Thai government determine who is entitled to refugee status.

Refugee screening is crucial for protecting Rohingya asylum-seekers, and the Thai government should allow this critical process. Until the UNHCR is allowed to conduct refugee screening, the Thai government should halt forcible returns of Rohingya boat people.

Rohingya, Rakhines need to rebuilt trust, says Indonesia foreign minister

Indonesian Foreign Minister Marty Natalegawa  walking with local residents during a visit to western Myanmar's Rakhine state.

Sujadi Siswo 

Channel News Asia

January 8, 2013

RAKHINE, Myanmar: Indonesia's Foreign Minister Marty Natalegawa has visited Myanmar's troubled Rakhine state, and the areas affected by sectarian violence. 

His visit was at the invitation of the Myanmar government.

Dr Natalegawa will make recommendations based on what he saw. 

More than 100,000 people are living in refugee camps, since fleeing inter-communal fighting that erupted last year. 

The overwhelming majority of those displaced are Muslims.

Indonesia has also pledged US$1 million in humanitarian assistance.

Dr Natalegawa shared his impressions soon after he wrapped up his trip.

He said it was crucial that trust be rebuilt between the Rohingya and ethnic Rakhines in the state.

Dr Natalegawa said: "The main impressions I had of my short visit to the area yesterday was that we are involved basically not only in the physical reconstruction and rehabilitation of the damage caused by the recent violence, but we must also nurture a sense of confidence, a sense of reconciliation among the different communities. 

"There is a tremendous sense of distrust between the two sides and we must return that sense of harmony that existed previously. It's no good having them segregated into one community and simply getting along, co-existing. They must be reconciled. They must be brought together. 

"In the end, we believe the efforts that must be introduced must be a sustainable one. It means it must be driven by communities themselves in the Rakhine state. And therefore, critical that both the Rohingya and Rakhine groups begin to have reconciliation, begin to have harmony reintroduced amongst themselves. It was quite surreal in many instances. These villages are very proximate to one another, and yet they are so distant in terms of trust and confidence."

He also reiterated the need to look beyond the immediate humanitarian response.

Dr Natalegawa said: "Economic opportunities are obviously very important. We must proceed beyond humanitarian emergency response, but we must provide economic opportunities. The prospect of better living conditions. these are the kind of things we in Southeast Asia, neighbours of Myanmar, must think beyond the emergency phase. 

"And I must say the scale of the challenge is pretty obvious, but Indonesia is ready to continue to lend support to Myanmar. This is because this is very much part and parcel of Myanmar's democratisation efforts."

He added that the Myanmar government was receptive of Indonesia's moves to find a solution to the ethnic conflict in Rakhine.

Dr Natalegawa said: "I think the Myanmar authorities have confidence in Indonesia's capacity to understand the situation in an objective manner. Over the years, we have similiarly done a bit more low-key in encouraging progress of democratisation in Myanmar. 

"We were also part of the process where Myanmar eventually got the ASEAN chairmanship in 2014, in return for certain expectations to take place. So I think this is a pathway that we have done in the past and we will continue to nurture a sense of trust and confidence by all concerned in Myanmar on this process."

Meanwhile, the United Nations Resident and Humanitarian Coordinator in Myanmar said what the refugees need most urgently is proper shelter, especially with the rainy season approaching.

Mr Ashok Nigam also reiterated that security is a perennial concern in Rakhine.

"At this time, many of the IDPs cannot move out of their camps because of concerns of conflict between the two communities. So security is a concern that we always have at this time. We have other issues with regards to shelter. We need land for shelter. These people have been displaced and to find land in the places where they were originally living is difficult in some cases, and that is taking time, so shelter is taking time," he said.

The UN and its partners in Myanmar have put up a Rakhine Response Plan to meet humanitarian needs till June this year.

But the US$68 million plan is still short of some $41 million.

The UN office in Myanmar is also working with the Thein Sein administration to help find a permanent solution for the Rohingya and the Rakhine community.

Mr Ashok Nigam said: "We are in dialogue with the government that we need to address the reconciliation between the two communities or at the very least the co-existence - peaceful co-existence of the two communities in this context. To address this we have to address some of the very root causes of this conflict - which lie in the lack of citizenship for many of the Muslims in the Rakhine State, which prevents them from moving around freely in the country."

Any proposed solution will likely come from the independent commission of inquiry set up by the government following the outbreak of conflict in June last year.

Mr Ashok Nigam added: "It is a commission which incorporates 27 members across society. It is to come up with both the reasons for the violence and also recommendations on what next needs to be done. So the commission's findings will be very important. And we certainly hope that they will provide more ideas and directions in moving forward and that's what the government is looking for from the commission."

70 Families Escaping Killed and Raped

Buthidaung: Recently, a group of 70 Rohingya families from Kyauktaw crossed the mountain to come to Buthidaung (particularly to Fuimali village) due to unbearable situations there and starvation as Rakhines and the authorities blocked all sources of food supply to Rohingya people. On the way many including women and children were brutally killed and raped by Rakhines, Murung, and Naskaka. Many women were seen brought naked without clothes into the Fuimali villages by Nasaka as witnessed by many in the Fuimali markets. 

Furthermore, those who helped the victims were detained by Nasaka or released by offering hefty money. The situation is by no means bearable by any human beings and the Rakhines and the authorities are fully responsible for all these inhuman crimes against humanity. 

Attentions of UN and International communities are immediately required to interfere these types of situations and extreme pressure to Burma is urgently needed including UN forces presence in Arakan otherwise very soon the whole Rohingya population will be in total extinction.

Soul-Shattering Plight of Rohingyas and the Negligence of their Outcries

Today, Rohingyas and Kamans in Arakan have become preys in the Burmese regime’s dirty and cruel political tactics and trapped among other self-interested extremist groups. They have been massacred and being killed in the secret cells, their houses have been burnt down and their properties vandalized, their women have been raped and their religious buildings locked down and so on and so forth. In short, a systematic pogrom and all kinds of possible atrocities have been being carried out against these highly neglected and helpless people. They have cried out for help not only to the Burmese but also to the international communities. Buddhist Burmese did not come forward to help the people being killed as they are supposed-to-be being Buddhists. They got trapped in the regime’s Divide and Rule Policy. A few international organizations and countries who have come forward to help all the victims regardless of race and religion met with stern oppositions from the fanatic and racist section of the Burmese society. 

As a result, miserably, the painful and soul-shattering plight of these widely neglected and vulnerable people continue till these days. To start with, on 7th January 2013, an 83-year-old Rohingya man was arrested by the Military led by the second commander (Du Htetyin Muu), Colonel (Bohmuu) Ye Win Aung, of the battalion based at the village of Kha Ye Myaing near to the village of Nurallah in southern Maung Daw. The old man named Abdu Jalil S/o Ali Meah from Nuralla was coming to Baggona to buy Medicines for ill health. He is so old and weak that he can’t walk without the help of a stick. He was arrested with the typical arbitrary accusation of his involvement in torching Rakhines’ houses. If Kyat 2 Million is not given to the military within 24 hour from the time of his arrest, he will be handed over to the Police. Imagine an 83-year-old man who can’t move without a stick has involved in torching houses!! I can imagine military have no shame of doing so as they are uneducated, ill-natured and have slave mentality. But how will you feel if it is done to your own father or grand-father?? 

On one more occasion, on December 25, 2012, Bohmuu Ye Win Aung extorted Kyat 7 Lakhs from called Islam, by threatening him to hand over to Police, from the village of Htet Oo Annauk of Baggona village tract. On December 21, 2012, he did the same to Noor Mohammed from Kilai Daung (Du Chi Ya Dan) by extorting a humongous Kyat 4.5 Millions. On November 25, 2012, he arrested Mohammed Alam S/o Abdu Shukkor, a young Rohingya, with the same accusations mentioned. He said, upon giving Kyat 2 Million to him, would release the young Rohingya. Quite disgustingly, he backed out of what he said. He not only extorted the money but also handed over to the Police. According to Rohingyas in the region, Bohmuu Ye Win Aung has gone rampant, wild and arbitrary. Today, Kidnapping and Abducting of Rohingyas, Threatening and torturing them and Extorting of Money from anyone he thinks he can has become his only business there. He is exactly behaving like SOMALI PIRATES. 

On 30th December 2012, Military and Rakhine extremists from the village of Tharay Kunbaung San Phya were driving away 130 Oxen+Cows owned by Rohingyas from the village of Fudu Fara of Gaw Du Sara Village Tract. The Rohingya villagers shouted and four of them got arrested by Military and handed over to the Police. Having the information, Nay Myay Mu (Head of the NaSaKa Region 7) ordered to give the animals back to the villagers. The animals were returned but the destiny of the four Rohingyas handed over to the Police is not known yet. Later on 1st January 2013, the same military group including a one-star ranking Major together with the Rakhine extremists broke into two Rohingya houses in the village post 12 midnight. In a house, three military together with two Rakhine extremists gang-raped a 16-year-old under-aged Rohingya girl named AISHA D/o Hussein Ahmed. She was almost to death due to injuries resulted from gang-raping and man-handling. But (to her good luck or bad luck I don’t know) she survived after the medical treatment. 

In another house, other military did the same to a 30-year-old woman called Firoza D/o Mohammed. She is a mother of five and widow, whose husband, Mohammed Ayub, was killed by Rakhine extremists a month back while he was looking after his animals in the forest. Why? As these evil military in human form said, they were their men who shouted while they were taking away the animals from the village. Imagine the innocent girl and the woman were your sisters! What will your reactions be towards the grave injustice done against them??? 

While Rohingyas in Maung Daw and Buthidaung are being killed inside their houses, Rohingyas and Kamans in Sittwe, Pauktaw, Myebun, MinBya, Kyauktaw are being killed in the open fields. Rohingyas and Kamans as well as their children, babies and infants have been facing starvation, famine and different kinds of spreadable diseases. They are dying in numbers day by day. Nay!!! It is not an ordinary famine. It is a systematic man-made human catastrophe and famine- the only differing fact from the 1983-1985 famine of Ethiopia. While IDP Camps of Rohingyas and Kamans in Sittwe are receiving some foreign aids, the other regions mentioned here are completely neglected and hidden from international scenes. Imagine what is happening with them. Just feel it with your eyes closed! 

“We request those Burmese who perceive us illegal invaders from Bangladesh to demand U Thein Sein to hold a meeting with Bangladesh government. And to ask Bangladesh government to take us back if we belong there. Why should we go to a third country if we belong to Bangladesh? Why is not U Thein Sein asking Sheikh Hasina such a thing instead of UNHCR Chief Antonio Gutterres? We are also humans. We can’t be killed inhumanely the way it is happening now. Buddhism, either, doesn’t even allow inflicting pains even on the smallest living creatures let alone killing human beings! 

In fact, we have been living here for centuries and for generations. Many know this. Those who don’t know just read the Burmese Encyclopedia Volume 9 Part A and check the records of Burmese Broadcasting Service (BSS). No need to go to long history back! We have more than enough records and evidences of our existence in Arakan from the time immemorial. We are paying the costly price for being too naive and simple through the history. It is the time for the genuine Burmese Buddhists to show their true Buddhism by helping to save the lives of, we, human beings. It is time for international community to come forward to effectively help us in time and before we are exterminated. Or else, please don’t make a history out of us a later point of time as such and such people existed once upon time and were exterminated” cried out a 60-year-old Rohingya man from Maung Daw.