Amnesty International Australia has joined with 93 other non-government organisations, which work on behalf of refugees and migrants in the Asia-Pacific, to condemn human rights violations committed recently against members of the Rohingya minority and Bangladeshi migrants.

The organisations are from such diverse countries as Bangladesh, Burma, Australia, India, Egypt, Malaysia, UK, Indonesia, South Africa, Thailand, US, Zambia and Nepal.

In a joint statement the organisations voiced their concern over reports that the Thai military has forcibly expelled large groups of Rohingya who were seeking refuge. Hundreds of Rohingya are still feared missing at sea and an urgent search and rescue effort by ASEAN nations is required, said the organisations.

“It is imperative that Thailand and other regional countries provide all vulnerable Rohingya on their territory with humanitarian assistance and protection,” stated Dr Graham Thom, Amnesty International Australia’s Refugee Coordinator. “This includes ceasing plans to proceed with more expulsions and allowing individuals access to UNHCR.”

The organisations called on the Burmese Government to cease the systematic persecution of the Rohingya minority, who must be recognised and assured full rights and protection.

“This tragedy requires a regional solution that ensures the fundamental rights of the Rohingya are respected and that those Rohingya who have a well-founded fear of persecution in Burma are not returned there,” said Dr Thom.

Full statement

We, the undersigned organisations, 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 recognise 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), and has been endorsed by the following organisations and individuals:

Australia

1 - A Just Australia
2 - Act for Peace, National Council of Churches Australia (NCCA)
3 - Amnesty International Australia
4 - Association of Survivors of Torture and Trauma (ASeTTS)
5 - Asylum Seeker Resource Centre
6 - Austcare
7 - Burmese Rohingya Community in Australia (BRCA)
8 - Canberra Refugee Support Inc
9 - Children Out of Detention (ChilOut)
10 - Dr Savitri Taylor, School of Law, La Trobe University
11 - Ethnic Communities Council of WA
12 - Multicultural Services Centre of WA
13 - Refugee Council of Australia
14 - Rosie Scott, International Detention Coalition
15 - South Australian Refugee Health Network
16 - Townsville Multicultural Support Group Inc
17 - Victorian Foundation for Survivors of Torture
18 - Union Aid Abroad APHEDA
19 - West Coast Refugee Sanctuary Group Inc
20 - Westgate Baptist Community

Bahrain

21 - Bahrain Centre for Human Rights

Bangladesh

22 - Ain o Salish Kendra (ASK)
23 - Empowerment through Law of the Common People (ELCOP)
24 - IMA Research Foundation
25 - Odhikar

Burma

26 - Arakan Rohingya National Organisation (ARNO)
27 - Shan Women's Action Network (Burma/Thailand)

Egypt

28 - Egyptian Foundation for Refugee Rights

Hong Kong

29 - Hong Kong Refugee Advice Centre
30 - Indonesian Migrant Workers Union

India

31 - Centre for Development and Human Rights

Indonesia

32 - Center for Indonesian Migrant Worker (CIMW)
33 - Human Rights Working Group
34 - Indonesian Legal Aid Foundation (YLBHI)

Kenya

35 - David Dickson, Solidarity House International

Korea

36 - Joint Committee with Migrants in Korea
37 - Korea Women's Hotline
38 - Korean Public Interest Lawyers Group (GONGGAM)
39 - The Refugee Pnan

Lebanon

40 - Frontiers Ruwad Association

Malaysia

41 - All Women’s Action Society
42 - Amnesty International Malaysia
43 - Borneo Child Aid Society/Humana
44 - Building and Wood Workers International (BWI)
45 - Center for Orang Asli Concerns
46 - Civil Rights Committee of Kuala Lumpur and Selangor Chinese Assembly Hall
47 - Coalition of Burma Ethnic Groups in Malaysia (COBEM)
48 - Community Residents Association of Selangor and Federal Territory (PERMAS)
49 - Council of Churches of Malaysia
50 - Health Equity Initiatives (HEI)
51 - Human Rights Committee, Bar Council
52 - Empower (Persatuan Kesedaran Komuniti Selangor)
53 - Jaringan Rakyat Tertindas (JERIT)
54 - Justice, Peace and Solidarity In Mission, The Good Shepherd Sisters
55 - Kumpulan ACTS
56 - Malaysia Youth and Student Democratic Movement (DEMA)
57 - Organization of Karenni Development (OKD)
58 - Pusat Jagaan Kanak Kanak NurSalam, Chow Kit
59 - Pusat Komas (Community Communication Centre)
60 - Suara Rakyat Malaysia (SUARAM)
61 - Tenaganita (Women’s Force)
62 - The National Human Rights Society (HAKAM)
63 - Women's Aid Organisation
64 - Workers Organisation

Mexico

65 - Marta Sanchez Soler
66 - Nuestros Lazos de Sangre, Fr - Luis Angel Nieto

Mongolia

67 - National Center Against Violence

Nepal

68 - All Nepal Women's Association
69 - INHURED International
70 - National Alliance of Women Human Rights Defenders
71 - Woman’s Rehabilitation Centre (WOREC)

New Zealand

72 - Refugee Services Aotearoa

Pakistan

73 - ESCR-Asia
74 - Pakistan International Human Rights Organization (PIHRO)

Philippines

75 - Center for Migrant Advocacy
76 - Foundation for Media Alternatives (FMA)
77 - Pax _Romana-International Movement of Catholic Students
78 - Trade Union Congress of the Philippines
79 - Virgilio "Boy" Hernandez

Singapore

80 - Singapore Working Group for Asean Human Rights Mechanism (MARUAH)
81 - Transient Workers Count Too (TWC2)
82 - UNI Apro

South Africa

83 - Lawyers for Human Rights

Sri Lanka

84 - Action Network for Migrant Workers (ACTFORM)
85 - Andrew Samuel, Community Development Services, Colombo
86 - Commission for Justice and Peace (CJP) of the National Christian Council
87 - South Asian Network for Refugees, IDPs & Migrants (SANRIM)

Taiwan

88 - Hope Workers’ Centre

Thailand

89 - Alternative ASEAN Network on Burma
90 - Arakan Project 91 - Mekong Ecumenical Partnership Program, Christian Conference of Asia
92 - Serge Auguste, Maryknoll
93 - Amy Braun, Maryknoll
94 - Shining Som Mekong Alumni Network

United Kingdom

95 - Equal Rights Trust
96 - Forest Peoples Programme

United States

97 - Asylum Access (US/Thailand)
98 - Church World Service, Immigration and Refugee Program
99 - Florida Immigrant Advocacy Center
100 - La Familia Unida,Elvira Arellano (Mexico/USA)
101 - Refugees International
102 - US Committee for Refugees and Immigrants (USCRI)

Zambia

103 - Africa Internally Displaced Persons Voice (Africa IDP Voice)

Regional/International

104 - Asia Pacific Forum on Women Law and Development (APWLD)
105 - Asia Pacific Mission for Migrants
106 - Asian Center for the Progress of Peoples
107 - Asian Human Rights Commission
108 - Asian Solidarity for Peoples' Advocacy (SAPA)
109 - Christian Conference of Asia
110 - Coordination of Action Research on AIDS and Mobility (CARAM Asia)
111 - Global Alliance Against Traffic in Women (GAATW)
112 - International Detention Coalition
113 - Movimiento Migrante Mesoamericano, Marta Sanchez Soler, Centroamerica
114 - Nonviolence International Southeast Asia (NISEA)
115 - PhilanthropyWorks, Asia