4 – 24 April: Potential Camp Closures in Thailand Put Refugees from Burma at Risk

In early April 2011, authorities in Thailand announced their intention to close nine refugee camps along the Thai-Burma border, which would send more than 140,000 refugees back to Burma. That includes 100,000 refugees from Burma who have been officially registered and an estimated 53,000 who have not. This decision has received heavy criticism from local and international human rights groups. The Thai authorities have not indicated when they intend to repatriate the refugees.

The announcement of camp closures comes only 6 months after the fraudulent elections in Burma and the formation of a new parliament composed predominantly of former military officers and those sympathetic to the regime. Since the elections, there has been no opening of political space, conflict in Eastern Burma has intensified and human rights abuses continue throughout the country. Any suggestion that refugees and asylum seekers along the Thai-Burma border could be safely returned to their country in the near future is a complete unreality.

Although Thailand is not a signatory to the Refugee Convention 1951, and therefore has no formal, legal obligation to provide protection and assistance to refugees, it has been a major destination country for asylum seekers and refugees from Burma for over forty years. According to the United Nations High Commission for Refugees (UNHCR), repatriation should be voluntary, based on durable solutions and conducted in “safety and dignity”. Implicit in the notion of voluntary return is the principle of free, prior and informed consent. That is, without any coercion and with sufficient, objective information, a refugee may decide to return to his/her country of origin. It is still unclear whether Thai authorities will use force to close camps and send the refugees back to Burma or whether they will honour and implement the principle of voluntary repatriation. No further action should be taken by the Thai Government until the situation in Burma is stable and there has been a comprehensive consultation with affected populations and civil society. UNHCR officials have also stated that the return of refugees should involve international monitoring and the clearance of landmines, neither of which have been addressed by Thai authorities at this time.

Internal conflict in Burma has been intense and protracted both before and after the elections. Over recent decades, severe and systematic human rights violations have been well documented by local and international non-government organisations and a number of United Nations bodies. By 2009, the military regime had reportedly destroyed over 3,500 ethnic villages, leading to massive displacement of ethnic communities. Ongoing conflict and human rights violations have significantly affected the size and demography of displaced populations from Burma, both inside and outside of camps in Thailand. Rights groups argue that conditions inside Burma remain unsafe and the situation has even worsened in Karen and Shan States in the post election period. The Karen Human Rights Group reported that armed conflict since 7 November 2010 “has caused the largest single exodus of refugees fleeing to Thailand in more than 12 years.” Many refugees experience tremendous anxiety when confronted with the possibility of a forced return.

Returned refugees face a bleak, volatile and unsafe future in Burma. The question remains, what exactly will they be returning to? The current civilian government is a dictatorship in a faint disguise. It is the working model of this government, not its rhetoric that needs to be carefully gauged. The United Nations Development Program Human Development Index ranks Burma as 132 out of 169 countries based on the quality of health services, education and income in Burma. Refugees cannot be resettled successfully in situations where there is chronic poverty. The Landmine Monitor identifies that antipersonnel mines are a major threat in some areas of Eastern Burma. In addition, the camps house known political activists and their families, whose return could likely result in arrest, arbitrary detention, torture or death. Some refugees have spent a generation in camp and have no home, land or livelihood to return to. Until Burma’s regime has established itself as a credible authority that is genuinely committed to democracy and human rights, it should not be trusted with the protection of returned refugees.

The lack of political and personal security in Burma is a powerful example of why repatriation should never be forced and should always occur within a broader context of a genuine transition from conflict to peace and democracy. While there are several economic and political factors at play in Thailand’s relationship with Burma, these interests should not override the humanitarian responsibility to protect refugees. It is certain that forced returns will not be successful, but rather create another generation of crisis in the border region.

Thailand, and other ASEAN member states must engage with Burma’s authorities to genuinely evaluate its performance, not superficial attempts to cloak the military regime with a civilian guise. Promptly following the formation of the nominally civilian government, new President and former General Thein Sein submitted a bid to chair ASEAN in 2014. The new government has yet to produce any signs of genuine reform, and has time and time again failed to pay heed to ASEAN’s concerns and recommendations. Granting Burma the ASEAN chairmanship in 2014 and forcibly repatriating refugees from Burma without any sustainable and durable efforts towards peace, reform and national reconciliation is sure to undermine the credibility of the regional body, and moreover, the efforts of those striving for real change in Burma.

News Highlights

Burma seeks ASEAN chairmanship in 2014; US pushes ASEAN to reject Burma

European Union suspends some of its sanctions against Burma

Head of Thailand’s National Security Council discloses government’s plan to send refugees back to Burma
Inside Burma

Regime restricts number of water festival pavilions in Rangoon due to security fears after last years’ bomb

Kim Aris, Daw Aung San Suu Kyi’s younger son, enters monkhood in Rangoon during Thingyan (Burmese new year)

NLD’s Taunggyi branch makes contribution to earthquake victims in eastern Shan State; quake survivors in southern Shan State lack proper health care

National Democratic Force (NDF) splits into NDF (Thingangyun) and NDF (Swe-Nyein) over allegations that the group received funds from abroad during the November 2010 elections

Three political parties call on Kachin State government to eliminate drug production and abuse

Two Chin parties call on state government to establish two more ministries for education and environment

Former ministers likely to become top USDP leaders

Union Solidarity and Development Party launches recruitment drive, offering loan grants and road building as incentives

Election Commission forbids politicians from communicating with groups such as exiled media and human rights groups that they define ‘unlawful’

Government offices ordered to remove Senior General Than Shwe’s portrait that was previously required to be displayed (Burmese)

Leaked military documents reveals that the office of the Commander in Chief alerted security forces to guard against potential unrest following protests in the Middle East and Africa
Naypyidaw decides to go to war against Kachin Independence Organization

Burma Army units torture 10 villagers in Kyaukme Township, Northern Shan State, over suspicion of collaboration with the Shan State Army – North (SSA-N)

Burma Army troops continue to launch offensives in Shan State; Shan State Army North and South join hands to resist

Karen National Union (KNU) calls for dialogue with regime to negotiate ceasefire

Twelve Border Guard Force (BGF) soldiers from Myawaddy Township defect and join the Karen National Liberation Army

KNU reports that BGF-transformed Democratic Karen Buddhist Army forcibly recruits 75 people from Myawaddy Township (Burmese)

United Wa State Party issues appeal for political dialogue with new government; remains ready for war

Authorities close major trading point on China-Burma border, in Kachin State, prices increase as imports from China are blocked

Authorities’ long-standing ban on transportation of rice to Tavoy District, in response to the New Mon State Party’s refusal to join BGF, causes food shortage

Farmers in Shan State prepare to sue local authorities over land seizures

Local authorities arrest former army captain now involved in social work, charges unclear

Authorities deny urgent medical treatment for political prisoner who was arrested for his role in Saffron Revolution

Regional

Burma detains 146 Rohingyas from Bangladesh who were dumped on a beach by traffickers

More than 60 migrant workers from Burma are freed from Bangkok ‘factory prison’

China alerts its citizens in Burma to return as civil-war may escalate; builds military camps on the border near Mongko Township, in Northern Shan State, to ensure ‘stability’

Burma and China sign agreement to build petroleum refining plant in Burma

China’s nickel ore mining project is put into operation in Burma

International

Philippine Foreign Affairs Secretary urges Burma to free the more than 2,000 political prisoners

US President Barack Obama nominates special representative on Burma; Daw Aung San Suu Kyi is cautiously optimistic that the new envoy will help bring democracy

Top US Navy Admiral expresses concern over Burma’s role in regional weapons proliferation; three senators sponsor resolution to investigate ties between Burma and North Korea

US official urges Burma to free political prisoners

Latest from the Blog

Ramifications of Recent UN Actions for Burma
By Burma Partnership

Actions

Activists inside including the NLD Burma launch signature drive calling for the release of political prisoners

Shop owners and residents protest to deter forced eviction in Pegu Division

Burma Patriotic Military Network formed, retired generals questioned and being watched by local authorities (Burmese)

Opinion

Involuntary Repatriation of Refugees—A Bad Idea
By The Irrawaddy

Burma does not deserve any extra credit from Asean
By The Nation

Striking the right note on Burma.
By Financial Times

Is the EU endorsing Burma’s facelift?
By Francis Wade
Asian Correspondent

Prisoners must be freed before sanctions can end
By The Nation

Statements and Press Releases

AAPP Endorses US President Obama’s Appointment of Derek Mitchell as Special Representative for Burma
By Assistance Association for Political Prisoners – Burma

AAPP has grave concerns for NLD member denied urgent medical treatment
By Assistance Association for Political Prisoners – Burma

Burmese monks meet the Swiss government
By The Best Friend and Association Suisse-Birmanie

EU Maintains Burma Sanctions
By Burma Campaign UK

EU Must Support Burma Inquiry Into Crimes Against Humanity
By Burma Campaign UK

CSW Urges EU to Support Inquiry into Crimes Against Humanity in Burma
By Christian Solidarity Worldwide

Asian Civil Society Calls for Stronger Support for the ICC
By Coalition for the International Criminal Court

The Handover that Wasn’t: Burma’s Military Regime Transfers Power Back to Itself
By Forum for Democracy in Burma

EU Should Support Commission of Inquiry on Burma
By International Trade Union Confederation and European Trade Union Confederation

Press Release: Human Rights Violations in Burma’s 2010 Elections
By Network for Human Rights Documentation – Burma

Community Groups denounce Widespread Atrocities against Civilians as Burmese Regime Breaks Ceasefire in Northern Shan State
By Shan Health Committee, Shan Human Rights Foundation, Shan Relief and Development Committee, Shan Sapawa Environmental Organization, Shan Women’s Action Network and Shan Youth Power

Appointment of U.S. Special Representative and Policy Coordinator for Burma is the First Step in the Right Direction, More Presidential Actions Are Required
By US Campaign for Burma

Reports

Leaping Over the Firewall: A Review of Censorship Circumvention Tools
By Freedom House

Weekly Political Events Regarding the Post Election (065-2011) (Burmese)
By Network for Democracy and Development

Human Rights Violations in Burma’s 2010 Elections
By Network for Human Rights Documentation – Burma

This post is in: Weekly Highlights