Asian Centre for Human Rights

Subject: Complaint to stop forcible eviction of the Myanmarese Chin refugees from Lunglei areas of Mizoram by a private organisation, Mizo Joint Action Committee from 20 June 2003, their arrest and imminent deportation to Myanmar.

Dear Justice Anand,

I am writing to seek urgent intervention of the National Human Rights Commission to stop forcible eviction of the Myanmarese Chin refugees from Lunglei areas of Mizoram by a private organisation, Mizo Joint Action Committee (MJAC), from 20 June 2003, their arrest and imminent deportation to Myanmar. Please find enclosed a press clipping from The Pioneer of today as Annexure I.

The Asian Centre for Human Rights (ACHR) fears that these evicted Chin refugees may be arrested by the Mizoram Police under relevant section of the Foreigner's Act for their alleged illegal entry into India and then be deported to Myanmar without ascertaining the threat of persecution because of race, religion, nationality, political opinion, or membership in a particular social group of any concerned asylum seeker by a competent body.

The evictions are being carried out a time when the State Peace and Development Council (SPDC), the military Junta of Myanmar has stepped up its repression on the pro-democracy movement. Despite international call, pro-democracy leader, Nobel Laureate Aung San Suu Kyi continues to be detained by the military Junta.

As many pro-democracy movement leaders may flee Myanmar because of increased repression, Indian authorities have reportedly stepped up vigilance along Indo-Myanmar border to stop their influx at the moment. Please find enclosed a copy of the news clipping from The Sentinel (Assam) of 21 June 2003 about the steps being taken by the government of India along the Indo-Myanmar border to prevent influx of the pro-democracy activists fleeing oppression by the military as Annexure II.

The local Mizo Joint Action Committee (MJAC) consisting of the Young Mizo Association and Mizo Zirlai Pawl (MZP) have so far evicted more than 50 Myanmarese refugees, mostly ethnic Chins, from their new settlement at Rangvamual and Phunchawng at Lunglei between 20-23 June 2003. The refugees fear that the drive against the displaced Myanmarese people would continue. The Chin refugee organisations in New Delhi informed the ACHR that these refugees might be arrested and then deported to Myanmar without any scrutiny.

The MJAC leaders reportedly defended their action and said that 20 families living in the two villages were asked to leave the place as they continued with their illegal liquor making business, despite repeated warning.

Many of the refugee families are very poor and often face hunger. There is no assistance for the refugees from the State government of Mizoram or Union Home Ministry. The refugee camps, which used to shelter about 50,000 Chin refugees at Saiha, were dismantled in 1995 by the state government of Mizoram. As it is not always possible for them to find alternative means of earning a livelihood, many refugees worked as weavers, domestic helps and small-time traders. Some of them might have been involved in brewing local liquor.

Even if the allegations of refugees brewing local alcohol are found to be true, it is the responsibility of the State and its agencies to take appropriate actions under relevant provisions of the law. However, the State government of Mizoram has either abdicated the responsibilities of the government to a private organisation like the MJAC or has turned a blind eye to the criminal activities of these organisations. It is not a new phenomenon in Mizoram that the Young Mizo Association and Mizo Zirlai Pawl often act as law unto themselves with the sanction of the government to evict the Chin refugees.

Patterns of evictions, arrest and deportation

In recent times anti-Chin sentiments have increased in Mizoram, with exploitative labor practices and extortion by local police becoming commonplace. In July and August of 2000, Mizoram police launched massive arrests and deportation of Chin-Burmese refugees (mainly in the capital city of Aizwal), most of whom were charged with illegal entry into India under the Foreigners Act. The refugees continue to be arrested and deported without ascertaining the threat of persecution because of race, religion, nationality, political opinion, or membership in a particular social group of the concerned asylum seeker by a competent body.

The first eviction started in mid August 2001 from different localities. 31 families from Ramthar ward were evicted. 11 families in Salem ward were removed on 15 September 2001 and another 29 families in Farm ward were evicted on 25 October 2001.

Please find enclosed an English copy of the eviction notices issues by Young Mizo Association in September 2001 as Annexure III.

On 3 March 2002, members of the YMA entered into the homes of Chin refugees and threatened them to voluntarily evacuate their house or risk all their belongings being thrown out. In the process 18 of the 29 families living in Chanmary ward were forcibly evicted. The rest were threatened that they would be handed over to the police to arrest them.

Please find enclosed an English copy of the eviction notices issues by Young Mizo Association on 8 March 2002 as Annexure IV.

Status of Myanamrese/Chin refugees under the United Nations High Commissioner for Refugees (UNHCR)

There are more than 900 recognized Burmese refugees living in New Delhi under the protection of United Nations High Commissioner for Refugees (UNHCR), in New Delhi. There are also about 600 Burma nationals in New Delhi who have not been recognized as refugees by UNHCR. Most Chin refugees came to India after their camps were destroyed in Saiha, Mizoram in 1995.

As the Chin armed opposition groups did not sign any cease-fire agreements with the military Junta, repression in the Burmese State of Chinland increased manifold. Since early 2002, more than six hundred Burmese nationals have fled to India seeking refugee status with the UNHCR office in New Delhi. The face serious repression by the Burmese military junta such as using them as forced labour for military purposes and other human rights violations. However, as of June 2003, only 20 of these 600 have been recognized by the UNHCR 'refugees". The rest are being denied refugee status without any written explanation as to the reasons for the rejection.

Of those 20 who have been recognized as refugees, only 5 have been deemed eligible to receive the Subsistence Allowance. In the absence of any skill to find job or legal work permit, the question arises as to how are the refugees supposed to survive in Delhi?

On 9 June 2003, hundreds of Burmese refugees in New Delhi held a demonstration protesting the refusal of the UNHCR to grant them refugee certificates and Subsistence Allowance. The demonstration highlighted a number of severe problems faced by refugees in New Delhi. Two particular problems are highlighted below:

1. Discrimination on the basis of sex

Under the UNHCR's Subsistence Allowance policy, women are automatically considered dependants of their husbands. A single woman who originally registered as a primary applicant for SA, receiving Rs.1,400 a month (approximately $30), will have her SA automatically cut down to Rs.600 a month ($13) if she later marries. Furthermore, the money is also no longer given to her directly, but to her husband, thus removing financial control and decision-making from women.

More over, the subsistence allowance is being phased out presently.

2. Promotion of illegal work

In an attempt to make Burmese refugees "self-reliant," UNHCR encourages participation in vocational training courses. However, there is job scarcity even for the Indian nationals. Refugees who do not have the language skills in Hindi and English are disadvantaged and face discrimination. Most importantly, it is also illegal for refugees, as for all foreigners, to work in India without proper permits.

Even if it is the UNHCR, which grants refugee status to some, the final decision as to whether these refugees can stay in India or not, is a sovereign right of the government of India to be exercised in full conformity with obligations under the Constitution of India and international law. Therefore, the treatment of refugees - irrespective of whether they are recognised by UNHCR or not, falls within the jurisdiction of the NHRC.

The Chin and other Burmese refugees currently face dire situations. In Mizoram, the State government and hostile local organisations have been evicting them and deporting them to Myanmar without any judicial scrutiny. In New Delhi, those who are recognised as refugees but are not provided subsistence allowance can be arrested if they found to be working as they have no work permit from the government. In addition, 580 odd individual refugees whose status as refugees has now been rejected by UNHCR without any written explanation as to the reasons for their rejection, can now effectively be deported to Myanmar in view of the lack appeal mechanisms before a judicial or quasi-judicial mechanism?

The recent increased repression by the military in Myanmar has been universally recognised and condemned. In the light of the above circumstances, ACHR appeals to the NHRC to intervene by taking following measures:

- Direct the State government of Mizoram to immediately halt evictions by private organization lie Mizoram Joint Action Committee or Young Mizo Association;

- Direct the State government of Mizoram to initiate appropriate action against those individuals or organisations who were responsible for forcible eviction of the Chin refugees under relevant provisions of Indian Penal Code and Criminal Procedure Code;

- Direct the State government of Mizoram to submit a comprehensive list of detained Chin refugees and their status, inter alia, the laws/provisions under which the refugees have been charged with, the place where they have been detained and the status of their cases if any;

- Direct the Ministry of External Affairs and Ministry of Labour of the Government of India to clarify as to whether "refugees" who are under the recognized by the United Nations High Commissioner for Refugees, New Delhi have the right to work without seeking the permission of the government of India;

- Direct the Ministry of External Affairs to explain the arrangement/agreement with the UNHCR as to the status of the "asylum seekers", especially the role of the government of India relating to the status of those asylum seekers who are not recognised as "refugees" by the United Nations High Commissioner for Refugees (UNHCR);

- Direct the Ministry of Home Affairs and Ministry of External Affairs to submit a detailed report to the NHRC about the status of refugees in India inter alia, the number of refugees, their country of origin, the kind of assistance- health care, food, education, cash dole - provided to each category (ethnic orgin/nationality) of these refugees;

- Direct the Ministry of Home Affairs, Ministry of External Affairs, State government of Mizoram and state government of Manipur NOT TO REPATRIATE any Chin or Burmese refugee or any other refugee including 580 odd refugees rejected by UNHCR without any written explanation as to the reasons for the rejection, without the permission of National Human Rights Commission which will verify the threat of persecution because of race, religion, nationality, political opinion, or membership in a particular social group of these refugees;

- Create a separate division within the NHRC to deal with the refugee problems in India;

- Invite the United Nations High Commissioner for Refugees to submit its comments and views to the NHRC on the issues raised in the complaint;

- Take any other measures that the NHRC deems fit for protection of the refugees;

Looking forward to your urgent intervention.

With kind regards,

Yours sincerely

Suhas Chakma
Director