National Human Rights Commission, New Delhi, India
|
National Human Rights Commission, New Delhi, India |
Case Details of File Number: 2/16/2003-2004 | |
| Diary Number | 7721 |
| Name of the Complainant | SH. SUHAS CHAKMA DIRECTOR |
| Address | ASIAN CENTRE FOR HUMAN RIGHTS, PO BOX 9627, JANAKPURI |
| WEST DELHI , DELHI | |
| Name of the Victim | CHIN REFUGEES |
| Address | NA |
| AIZAWAL , MIZORAM | |
| Place of Incident | AIZWAL |
| AIZAWAL , MIZORAM | |
| Date of Incident | 7/17/2003 |
| Direction issued by the Commission | The following proceedings were drawn by the Commission on 15 December, 2003:- "On receipt of a complaint dated 28 July, 2003, from Shri Suhas Chakma, Director, Asian Centre for Human Rights, alleging forcible repatriation of the Myanmarese Chin Refugees from Aizwal by Young Mizo Assocation and Peace Accord MNF Returnees Association (PAMRA), the Commission vide proceedings dated 8.8.2003, called for investigation reports from the Secretary, Government of India, Ministry of Home Affairs, New Delhi and Chief Secretary, Government of Mizoram. Subsequently, by its proceedings dated 8 September, 2003, response from the Secretary, Ministry of External Affairs, Government of India, New Delhi was also called for. While the matter rested thus, one more complaint dealing with the same subject-matter was received from Shri Philip Jadhav by the Commission on 11 August, 2003. Since the substance of prayers made by Shri Suhas Chakma and Shri Philip Jadhav are, broadly speaking, similar, no further comments were asked for either from the State Government of Mizoram or from the Ministries of External Affairs and Home Affairs on the complaint of Shri Philip Jadhav. The Commission has, now, received reports from the Ministry of Home Affairs, Government of India and the Government of Mizoram, Home Department. The Ministry of External Affairs vide their letter dated 17 November, 2003 have informed the Commission that they have not been approached in this connection by the Government of Myanmar and that the UNHCR was considering cases of asylum seekers from Myanmar. Before the Commission considers the matter any further, it is considered appropriate to forward the gist of the reports received from the Government of Mizoram as well as the Ministries of Home Affairs and External Affairs, Government of India to Shri Suhas Chakma, Director, Asian Centre for Human Rights and Shri Philip Jadhav, for their comments, if any, within four weeks." Shri Suhas Chakma vide his FAX communication dated 29.12.2003 requested the Commission to provide him with full report of the State Government of Mizoram including all its annexures so as to enable him to furnish his comments. Shri Philip Jadhav vide his communication dated 8.1.2004 sought permission of the Commission to inspect the complete reports of Ministries of Home Affairs, External Affairs, Government of India and the Government of Mizoram. On 19 January, 2004, after considering the request received from Shri Suhas Chakma and Shri Philip Jadhav, the Commission observed that they could inspect the record containing the reports of the Ministries of Home Affairs, External Affairs, Government of India and the Government of Mizoram. Representatives of Shri Philip Jadhav as well as Shri Suhas Chakma, thereafter inspected the record containing the reports of the Ministries of Home Affairs and External Affairs, Government of India and the State Government of Mizoram. On 5 April, 2004, Shri Suhas Chakma of Asian Centre for Human Rights sent his comments. He sought the following directions from the Commission in view of the replies received from the concerned Ministries and his comments: "Direct the Ministry of Home Affairs and State Government of Mizoram not to deport any Myanmarese refugee without their applications/claims for "refuge" has been considered by the National Human Rights Commission; Create a separate unit within the National Human Rights Commission to deal with refugee issues and cases, coordinate with the Ministry of Home Affairs and the concerned State Governments and develop a model refugee law for consideration by the Government of India; Direct the Ministry of Home Affairs to provide assistance to the returnee Myanmarese refugees at par with the Sri Lankan Tamil refugees; and Direct the State government of Mizoram to take appropriate action against organizations and individuals who threaten the Myanmarese refugees" So far as the first prayer from the Asian Centre for Human Rights is concerned, it appears to be based on some confusion. There are no applications/claims pending with the National Human Rights Commission for grant of "refugee status" to any Myanmarese refugee. As indeed, this Commission is not the forum to consider such claims which have to be considered by the appropriate authorities under the law. In so far as the second prayer is concerned, this Commission is already seized of the issues concerning the model law of refugees and a Core Group has been constituted for drafting the model law, which is being considered separately. In so far as the third prayer is concerned, the comments received from Asian Centre for Human Rights shall be forwarded to the Ministries of Home Affairs and External Affairs, Government of India and the State Government of Mizoram for their information and appropriate action. This file is closed. |
| Action Taken | Disposed with Directions (Dated 10/6/2004 ) |
| Status on 1/29/2005 | Disposed of. |
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