Asian Centre for Human Rights

Subject: Complaint for protection of the returnee Chin refugees who were refouled earlier and the measures taken by the State government of Mizoram against the Chin refugees.

Dear Justice Anand,

I am writing as a follow up to our compliant (Case No. 2/16/2003-2004/UC) to seek protection of the returnee Chin refugees who were refouled earlier and the measures being taken by the State government of Mizoram with regard to the Chin refugees.

1. Status of the returnee refouled refugees

At least 7,209 Myanmarese nationals including 3,352 women have refouled since July 20 following the xenophobic wave triggered by the rape of a minor girl by a Myanmarese national.

A large number of refugees who were refouled by the State government have now returned to Mizoram because of the alleged atrocities committed by the Burmese military personnel. The atrocities by the Burmese security forces require little introduction.

Asian Centre for Human Rights has obtained a list of 105 refugees who are presently sheltered at Bambuk refugee camp under Saiha district near Indo-Myanmar border. Majority of the returnee refugees are women and children (24 women and 39 children). Please find enclosed the list of refugees.

A large number of refugees who were returned have also been living at Sainag camp in Aizwal.

Due to the fear of being refouled to the Chin State of Myanmar, many refugees have also taken shelter in the jungles. They are caught between the Myanmarese security forces and Mizoram police and YMA activists. There is tremendous risk to the lives of the children.

There are no facilities (water, health care and sanitation) at the Bambuk refugee camp. The area is ridden by malaria. The State government has not provided any assistance. Please find enclosed the photographs of Bambuk refugee camps as Annexure II.

Discrimination:

The principle of equality and non-discrimination is cornerstone national and international human rights law. It is essential that the NHRC intervenes to uphold the principle of equality and non-discrimination.

The government of India has been providing assistance to the Sri Lankan Tamil Refugees since 1983. As the Annual Report 2002-2003 of the Ministry of Home Affairs states:

"7.49 The influx of Sri Lankan refugees, though substantially reduced, still continues, as the following figures show:

Phase Period No of refugees
First 1983-89 1,34,953
Second 1989-91 1,22,078
Third 1996-2002 22,407

7.50 Intensified coastal patrolling, collection and collation of advance intelligence and strengthening of Naval detachments in Tamil Nadu has played a major part in a reduction in the number of refugees. Against 4977 in 1999, 1620 in 2000 and 505 in 2001 only 84 Sri Lankan refugees arrived in 2002.

7.51 Notwithstanding the Government's approach to discourage the influx of refugees, newcomers are being accommodated in relief camps and provided relief on humanitarian grounds, till arrangements for their early repatriation are completed. 98,649 refugees were repatriated to Sri Lanka till March, 1995. Subsequently, there has been no further organised repatriation thereafter, mainly due to lack of sufficient number of refugees willing to be repatriated in view of continued disturbed conditions in Sri Lanka. At present, about 63,000 Sri Lankan refugees are staying in 104 refugee camps in Tamil Nadu and 1 camp in Orissa. The Government of India is in touch with the Government of Sri Lanka for arranging early repatriation of Sri Lankan refugees back to Sri Lanka.

7.52 While in India the refugees continue to be provided facilities that include shelter in camps, cash doles, clothing, subsidized ration, utensils and medical care. Each Sri Lankan refugee family gets an assistance of Rs.922/- (approx.) every month. This excludes free accommodation, medical and educational assistance. The entire expenditure on relief to Sri Lankan refugees incurred by the State Government is reimbursed by the Central Government. During the period July 1983 to October 2002, the Government of India spent an amount of Rs.278 crore (approx.) for providing relief and accommodation to these refugees. In addition, an amount of Rs.25 crore and Rs 27 crore is earmarked for continuing these facilities during 2002-03 and 2003-04 respectively."

While the ACHR appreciates the humanitarian assistance provided by the government of India to the Sri Lankan Tamil refugees, it deplores the discrimination against the Myanmarese refugees including the Chin refugees.

The lack of refugee law allows the government to perform such arbitrary activities.

2. The problematic order of the Mizoram government

In a meeting on 17 September 2003 chaired by State Home Minister R Tlanghmingthanga reportedly informed the representatives of the Young Mizo Association, Mizoram Upa Pawl or Mizoram Elders' Association, Mizo Hmeichhe Insuikkhawm Pawl or Mizo Women's Federation, Mizo Zirlai Pawl or Mizo Students' Association and all recognized political parties that rules to regulate the entry of Myanmarese nationals were being drafted under the Indian Passport Act and notifications will be issued under the Act.

"Entry of Myanmarese nationals into 40 km inside Mizoram from the international border would be regulated by issuing permits and regulating the period of their stay in the State. Census on the Myanmarese nationals living in the State had been conducted in all the eight districts and their present number was 9,224" - stated the Home Minister.

The passport Act relates to issuance of passport. Although, section 20 of the Passport Act, 1967 allows the government to issue of passports and travel documents to persons who are not citizens of India for " the public interest", it is essential such measures comply with international standards on the protection of refugee rights.

As your honour is aware, there is no word called "refugees" under Indian laws. The grant of refugee status is an adhoc decision taken after considering the political exigencies rather than examining the actual plight of the victims. Courts continue to face problems, which senior Supreme Court advocate, Rajeev Dhavan succinctly puts in the following way: "Courts look to the letter of Indian law to be confronted with the stark legal reality: There is no category called `refugee' in Indian law. Refugees have no special due process rights."

The State government has consistently mis-used Foreigners Act to arrest a large of Chin refugees. It is essential that the NHRC direct the Union Home Ministry and the State government of Mizoram to forward copies of the order issued by the State government to see whether the order meets international standards on recognition of refugee rights.

ACHR once again appeals to the NHRC to intervene by taking following measures:

- Direct the State government of Mizoram and the Union Home Ministry to provide all information to the NHRC pertaining to the proposed changes in the rules of Indian Passport Act or any other measures being taken with regard to the Chin refugees to ensure such changes comply with international standards for protection of refugee rights;

- Direct the Union Home Ministry and the State government of Mizoram to provide humanitarian assistance to the refugees fleeing from Myanmar at par with the Sri Lankan Tamil refugees; and

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

Looking forward to your urgent intervention.

With kind regards,

Yours sincerely

Suhas Chakma
Director