CHRO

CHRO_calls_for_intl_support_for_country-wide_COI_on_Burma.pdf

20 October 2010                            
Media Statement: For Immediate Release

CHRO CALLS FOR INTERNATIONAL SUPPORT FOR
A COUNTRY-WIDE COMMISSION OF INQUIRY ON BURMA

[Chiang Mai, Thailand]: The Chin Human Rights Organization (CHRO) today warmly welcomes the report of Tomás Ojea Quintana, the UN Special Rapporteur on the human rights situation in Burma, and urges the international community to support a country-wide commission of inquiry into gross and systematic human rights violations and possible crimes against humanity in Burma.

In his report, the Special Rapporteur notes that while it is primarily the responsibility of the ruling government to address these problems, such responsibility falls to the international community if the ruling government fails to assume it.  Article 445 in Burma’s 2008 Constitution effectively enshrines impunity for past and present human rights violations, leaving little or no possibility for justice and accountability for such crimes within the domestic legislative framework.

The Special Rapporteur also notes that human rights violations which could constitute crimes against humanity include forced labour and religious persecution.  In its recent submission to the Universal Periodic Review process of Burma under the Human Rights Council, CHRO documented more than 70 incidents of forced labour since 2006, some involving orders to 40 villages at a time.  

The persistent, widespread and systematic denial of religious freedom in Chin State may amount to religious persecution.  Harassment, inhuman treatment and torture of Chin Christian missionaries are ongoing, particularly in remote areas of Chin State.  Deliberate destruction of Christian infrastructure like crosses and churches has been widespread in Chin State, carried out or ordered by the local authorities, most recently in the Mindat area in July this year.

CHRO Program Director Salai Za Uk Ling said, “We warmly welcome the renewed support for a Commission of Inquiry by the Special Rapporteur.  However, ideally the mandate and terms of reference for such a commission should be country-wide rather than focusing on a specific geographic area.  People all across Burma, including in Chin State, want justice and accountability for the human rights violations they have suffered.”

To date, 13 countries have expressed support for the establishment of a Commission of Inquiry, including the United States, the United Kingdom, Canada and Australia.  

“We urge the international community to support a country-wide Commission of Inquiry.  An inquiry with such a mandate would do more to support a national reconciliation process in the longer term,” added Salai Za Uk Ling.

-ENDS-

Contact:    Salai Za Uk Ling
Program Director
[email protected]
Tel: +66.89.218.0793 (Thailand Standard Time)

Background

Approximately 90 percent of Chin State’s population is Christian, making it the single largest Christian-concentrated state in a predominantly Buddhist Burma. Christianity was introduced to the Chin people by the American Baptist Missionaries in 1889 and has since become an integral part of Chin identity. Increased militarization in Chin State since the time of the popular uprising in 1988 has led to a dramatic increase in human rights violations against the local population, including forced labour and religious persecution.   Since 1994, the regime has destroyed nine Christian crosses in Falam, Hakha, Kanpalet, Mindat, Matupi, Paletwa, Teddim, Tonzang and Thantlang Townships. In some cases, Buddhist religious infrastructure such as pagodas, monasteries and statues have been built on the very sites where Christian crosses were destroyed, sometimes with forced labor exacted from the local Christian population. The regime has also prohibited the construction and renovation of Christian churches.

NOTES TO EDITORS

1.    The 13 countries that have expressed support for the establishment of a Commission of Inquiry include the United Kingdom, the United States, Canada, Australia, New Zealand, the Czech Republic, Slovakia, the Netherlands, Ireland, Hungary, Lithuania, Estonia and France.
2.    On 24 July 2010 a 23-foot high concrete Christian cross in the Mindat Township area, southern Chin State, was forcibly destroyed by direct order of the authorities, including the District and Township level Peace and Development Council, the District Religious Affairs Department, and a Mindat abbot from the Hill Region Buddhist Mission.
3.    To download CHRO’s individual submission to the Universal Periodic review process on Burma, please visit http://www.chro.ca/action-alerts/advocacy-a-campaign.html

FOR IMMEDIATE RELEASE
4 February 2010

Contacts:    Victor Biak Lian
Tel: +60-102168001 or + 66-8153-00702
E-mail: [email protected]

Salai Za Uk Ling
Tel: +1-807-252-5418
Email: [email protected]

CHRO Lauds Malaysia for Plans to Issue IDs to Refugees, Urges to Implement Further Protection Measures

The Chin Human Rights Organization (CHRO) welcomes the recent statement by the Malaysian Home Ministry secretary-general Mahmood Adam regarding plans to issue identification cards to UN-recognized refugees. This initial measure, if followed through, will provide greater protection to refugees and ensure their security well-being in Malaysia.

For years, refugees fleeing from oppressive governments in the region, the vast majority of who are from Burma, have suffered gross human rights violations in Malaysia. The harsh immigration policy has increased their vulnerability, resulting in the indiscriminate arrest, prolonged detention, abuse and deportation of refugees and asylum seekers.

Salai Bawi Lian Mang, CHRO Executive Director said, “While this new policy initiative is laudable, concrete measures should be taken by the Malaysian government to ensure that the rights of refugees and asylum seekers are well protected. The new policy should also provide latitude for asylum seekers who are not yet documented so that they can enjoy protection while in the process of getting recognized.”

We would like to encourage the Malaysian government to continue holding discussion and consultation with the United Nations High Commissioner for Refugees (UNHCR) and other relevant parties so that an appropriate solution can be found to better protect the rights of refugees and asylum seekers in Malaysia.

To show its new commitment, it is important that the Malaysian authorities refrain from further actions to round up and indiscriminately arrest refugees and asylum seekers while the new policy is being formulated.

The CHRO hopes that this new policy will lead to greater recognition, as well as, respect for the rights of refugees and asylum seekers within Malaysia.

 

 

14 November 2007

 

Kuala Lumpur, Malaysia: As another child goes missing in Malaysia, CHRO renews its calls for the Malaysian government to protect all refugee and undocumented children. Biak Cin Thang, a 15-year old Chin boy, is the second Chin child to go missing since 20 March when Dally Sui disappeared and was later found dead in some undergrowth near her family’s home in Cheras. The Chin community in Kuala Lumpur continues to search and pray for Biak Cin Thang, hoping that he will be found unharmed.

 

On 7 November, 15-year old Biak Cin Thang went missing and remains unaccounted for. Biak Cin Thang was last seen leaving his family’s flat on Jalan Water Grenier off Jalan Imbi on Wednesday, 7 November around 4:00 pm. He never returned. His family filed a missing persons report with the district police that evening when he did not come home. They also contacted all their friends and relatives living in Malaysia. However, no one has any information as to Biak Cin Thang’s whereabouts.

 

 

 

The Chin Refugee Center (CRC), an organization working for the Chin community in Malaysia, is doing all it can to find any information that may lead to the safe return of Biak Cin Thang to his family. CRC has asked that anyone with any information as to the whereabouts of Biak Cin Thang to please contact their office immediately. CRC can be reached at +60.32.144.7271.

 

 

 

Biak Cin Thang came to Malaysia along with his younger brother under the care of his aunt, Nu Nu Sung. All three have been granted UNHCR refugee status and are awaiting resettlement to a third country. Nu Nu Sung brought the two young boys to Malaysia after their father was killed on the Indo-Burma border while serving in the Chin National Front (CNF). When Biak Cin Thang was very young, he came down with a serious case of malaria, which affected his cognitive abilities. According to those who know him, Biak Cin Thang rarely talks and tends to avoid strangers, making his disappearance even more disconcerting.

 

 

 

Biak Cin Thang’s disappearance is a sad reminder for the Chin community of the loss of Dally Sui who disappeared under similar conditions about 8 months ago. In the case of Dally Sui, she went missing around 7:00 pm from her family’s flat in the Cheras neighborhood of Kuala Lumpur. Like Biak Cin Thang, Dally’s family was living in Malaysia as UNHCR recognized refugees. She went missing the day before she and her family were scheduled to leave Malaysia to be resettled to the United States. Her body was found one week after her disappearance with her hands severed at the wrist, evidence of a brutal end to a young life. Her killer was never found.

 

 

 

UNDOCUMENTED AND REFUGEE CHILDREN REMAIN VULNERABLE IN MALAYSIA

 

 

 

After the disappearance and tragic death of Dally Sui, CHRO issued a call to action demanding that the Malaysia government protect all children living within its borders. Now, with the recent disappearance of Biak Cin Thang, CHRO renews this call.

 

 

 

As a signatory to the United Nations Convention on the Rights of the Child, Malaysia has a responsibility to uphold and ensure the rights of all children, including refugee and undocumented children, are protected. The case of Dally Sui and Biak Cin Thang reflects the lack of adequate protection for the most vulnerable members of the community.

 

 

 

Currently there are over 500 Chin children living in Malaysia. For many refugee children living in Malaysia, most of their days are spent indoors, afraid or prohibited by their parents from leaving their family’s homes. Not only are refugee children vulnerable to abduction and general societal crimes, but they are also at risk of arrest, detention, and deportation by the Malaysian authorities. Despite their obligations to refrain from arbitrarily depriving a child of his or her liberty under Article 37(b) of the UN Convention on the Rights of the Child, the Malaysian authorities are constantly responsible for the unwarranted arrest and detention of children. Refugees and undocumented children are also not allowed to attend school in Malaysia. The Malaysia government must do more to protect and promote the rights of children.

 

 

 

CALL TO ACTION

 

 

 

It is time for the Malaysian government to live up to its commitments under international law and provide adequate protection to all the children living within its borders. CHRO calls on the Malaysian government to:

 

· Conduct a proper investigation into the disappearance of Biak Cin Thang and to ensure such acts of violence are not committed with impunity.

 

· Respect and uphold its international legal obligations under the Convention on the Rights of the Child.

 

· Stop the arrest and detention of refugee children and their mothers.

 

· Immediately and unconditionally release refugee children and their parents in government custody.

 

 

 

To join CHRO in their call for the protection of refugee and undocumented children in Malaysia, please write or contact the Malaysian Home Affairs Ministry at:

 

 

Ministry of Home Affairs

Royal Malaysian Police

Cawangan Perhubungan Awam

Polis Diraja Malaysia

Ibu Pejabat Polis Bukit Aman

50560 Kuala Lumpur, Malaysia

Tel: (60) 3-2262 6310; Fax: (60) 3-2272-2710;

Website: http://www.rmp.gov.my

Email: [email protected]

 

 

 

5 December 2007

 

 

 

Kelantan State, Malaysia: CHRO is deeply concerned for the well-being of one Chin woman and her four young children, who remain detained in Tanah Merah Immigration Detention Camp in Malaysia’s Kelantan State. Tin Thluai and her children, Zung Thluai Men, age 1, Sonia Run Chin Par, age 3, Sui Dawt Par, age 9, and Lal Rin Mawi, age 13, were arrested and taken into immigration custody on 29 October 2007 shortly after being involved in a serious traffic accident that left two of the children with broken legs and the mother with severe head wounds.

 

 

 

The Immigration Department in Kelantan State has refused to release the family, denied UNHCR access into the detention facility, and prohibited visitation rights to the husband and father of the family. CHRO condemns these appallingly inhumane actions of the Kelantan Immigration Department and calls for the immediate and unconditional release of the family.

 

 

 

Tin Thluai

Lal Peng, the husband and father of the family, is distraught over the continued detention of his wife and children. “I just want my family to be safe and together again. I was allowed to see my wife and two daughters when they were still in the hospital. My little girl was crying so much she couldn’t stop. Then I was told I had to leave and couldn’t come back or they would arrest me too.”

 

 

 

Lal Peng is a UNHCR-recognized refugee awaiting resettlement to the U.S. Despite his UNHCR status, the UNHCR has been unable to intervene in his family’s case. Lal Peng, himself, was only able to visit his family in the detention camp once before being barred from further visits. During that visit, his wife described the difficulty of conditions in the camp, “She told me that they are not given enough food. My wife is still breast-feeding our youngest child. But the others are going hungry. I tried to give them money for food but the guards would not allow it.”

 

Lal Rin Mawi, age 13

CHRO first reported this incident on 9 November 2007 when Lal Peng’s family along with 16 other women and children were first arrested and detained in Kelantan State. Sadly, the other 16 women and children were deported earlier this month to the Thailand border. Lal Peng’s family were spared deportation only because the severity of their injuries. Thirteen-year old Lal Rin Mawi has a broken leg and nine-year old Sui Dawt Par is in a partial body cast suffering from an upper leg injury and still cannot stand on her own. Lal Peng’s wife, Tin Thluai, has two sets of stitches in her head and deep cuts on her hand.

 

 

 

CALL TO ACTION

 

 

 

Sui Dawt Par, age 9

The callous actions of the Kelantan Immigration Department are not only disconcerting but also in violation of basic human rights, including specific protections for women and children contained in the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. Please join CHRO in their demands to the Malaysian government to:

 

 

 

· Immediately release Tin Thluai and her children, Zung Thluai Men, age 1, Sonia Run Chin Par, age 3, Sui Dawt Par, age 9, and Lal Rin Mawi, age 13;

 

· Stop further arrests and detention of women and children in Malaysia;

 

· Allow UNHCR access to all potential refugees, particularly vulnerable women and children, under their custody;

 

· Ensure visitation rights for family members of immigration detainees are protected.

 

 

 

Your letters can make a difference. Please show your opposition to the abusive actions of the Malaysian Immigration Department. Be a voice for all refugees living in Malaysia. Direct your communications and concerns to:

 

 

 

Datuk Radzi Sheikh Ahmad

Minister of Home Affairs

Level 12, Block D1, Parcel D,

Federal Government Administrative Centre,

62546 Putrajaya

Tel: +60.38.886.8000

Fax: +60.38.889.1613

 

 

 

Tuan HJ. Wahid Bin MD Don, Director-General of Immigration Department

Director General Office

Immigration Department of Malaysia ,

Level 1-7 (Podium) Block 2G-4, Precint 2,

Federal Government Administration Centre,

62550 Putrajaya,

Tel: +60 3 8880 1000

Fax: +60 3 8880 1200′

 

 

 

Encik Che Baharom Bin Hamzah

 

Director of State Immigration

 

Kelantan State

 

Malaysia

 

Tel: +60.9.744.1644

 

Fax: +60.9.744.0200

 

 

 

Datuk Ishak Bin Haji Mohamed

 

Immigration Enforcement Director

 

Immigration Department of Malaysia

 

Tingkat 4, Blok 2G4, Precinct 2

 

Pusat Pentadbiran Kerajaan Persekutuan

 

62550 Putra Jaya

 

Malaysia

 

Tel: +603.8880.1297

 

Fax: +603.8880.1310

E-mail: [email protected]

 

 

 

9 November 2007

 

 

 

Kelantan State, Malaysia: CHRO recently received information that eight Chin women and 13 Chin children have been arrested and detained by immigration authorities in Malaysia’s Kelantan State on 29 October 2007. At least five of the children are under the age of 4.The arrests took place shortly after the van the women and children were riding in was involved in a serious traffic accident. They are currently being held in Tanah Merah Immigration Detention Camp near Pasir Mas.

 

 

 

This most recent arrest occurred on 29 October 2007 as the Chin women and children were traveling through Kelantan State heading to join their families in Kuala Lumpur (KL), Malaysia’s capital city. On the journey to KL the van, in which the Chin women and children were passengers, ran off the road and slammed into a large tree. Five of the passengers were seriously injured in the accident, including four minors. Meanwhile, the driver of the van fled the scene of the accident.

 

 

 

Following the accident, the immigration authorities arrived and immediately took into custody all 21 Chin passengers for failing to have proper immigration documents. In fact, the women and children were traveling to KL to join family members, who are recognized refugees expecting to be resettled to a third country. Although United Nations High Commissioner for Refugees (UNHCR) has been informed of the situation, they have indicated that they cannot intervene on behalf of the arrested women and children because they are not yet formally registered with the UN.

 

 

 

Commenting on the predicament, a representative of the Chin Refugee Center, a community-based organization in KL, said, “Now we have to try to do whatever we can do for our community members since the UN will not get involved. We must find a way to protect our women and children. Immigration detention is no place for a child.”

 

 

 

Currently all 21 women and children are being held in Tanah Merah Immigration Detention Camp located in Pasir Mas in Kelantan. Three of the passengers who were injured in the accident were taken to the hospital for treatment. One girl, age 13, suffered a broken thigh while her mother had to have glass shards removed from her head. After their release from the hospital, they were returned to immigration custody.

 

 

 

LACK OF PROTECTION FOR CHIN WOMEN AND CHILDREN IN MALAYSIA

 

 

 

CHRO is concerned by Malaysia’s consistent disregard for the rights and protections of Chin women and children living in Malaysia. Currently there are about 70 Chin women and children being held in immigration detention facilities throughout Malaysia. Pregnant women and very young children are not immune and many young mothers have been forced to give birth and nurse their newborns while under immigration custody. Chin women and children in Malaysia, including those with UNHCR documents, are at constant risk of being arrested, detained, and deported at the hands of the Malaysian authorities.

 

 

 

Under Article 27(b) of the UN Convention on the Rights of the Child, of which Malaysia is a signatory, Malaysia is responsible for protecting children from being arbitrarily deprived of his/her liberty. Malaysia has also agreed to abide by the Convention on the Elimination of All Forms of Discrimination against Women. By continuing to arrest and detain Chin women and children, Malaysia has failed to uphold their commitments under international law.

 

 

 

CALL TO ACTION

 

 

 

CHRO calls on the Malaysian government to respect and uphold its international legal obligations under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. Please join CHRO in their demands to the Malaysian government to:

 

· Respect and protect the rights of Chin women and children living within Malaysia’s borders;

 

· Stop the arrest and detention of Chin women and children; and

 

· Immediately and unconditionally release all Chin women and children currently being held in its immigration detention facilities, including the 21 most recent arrestees being held in Kelantan;

 

 

 

Please direct your communications and concerns to:

 

 

Datuk Radzi Sheikh Ahmad

Minister of Home Affairs

Level 12, Block D1, Parcel D,

Federal Government Administrative Centre,

62546 Putrajaya

Tel: +60.38.886.8000

Fax: +60.38.889.1613

 

 

 

Tuan HJ. Wahid Bin MD Don, Director-General of Immigration Department

Director General Office

Immigration Department of Malaysia ,

Level 1-7 (Podium) Block 2G-4, Precint 2,

Federal Government Administration Centre,

62550 Putrajaya,

Tel: +60 3 8880 1000

Fax: +60 3 8880 1200

 

Encik Che Baharom Bin Hamzah

 

Director of State Immigration

 

Kelantan State

 

Malaysia

 

Tel: +60.9.744.1644

 

Fax: +60.9.744.0200

 

 

 

Malik Zaliman Bin Deraman

 

State Immigration Enforcement Officer

 

Kelantan State

 

Malaysia

 

Tel: ( 609 ) 7475735

Fax: ( 609 ) 7434608

 

 

 

23 October 2007

 

 

 

Ottawa, Canada: CHRO commends Canada’s recent show of support for the pro-democracy movement in Burma by granting Aung San Suu Kyi honorary citizenship.

 

 

 

Last week, on 16 October 2007, the Canadian parliament overwhelmingly favored a motion put forward by Prime Minister Stephen Harper to bestow honorary Canadian citizenship on Burma’s most famous and beloved democracy leader. This tribute is the culmination of lobbying efforts by the Canadian Friends of Burma (CFOB), an Ottawa-based non-governmental organization dedicated to the democracy movement in Burma, and thousands of Canadians who supported the nomination petition for Aung San Suu Ski.

 

 

 

“We are very grateful to the Canadian people for their encouragement, solidarity, and compassion,” said Salai Bawi Lian Mang, the Executive Director of CHRO. “Canada has long provided a home and an ally to the people of Burma, and this most recent gesture is just one more demonstration of Canada’s belief in fundamental freedoms and basic human rights.”

 

 

 

Currently, Canada hosts thousands of refugees from Burma, including over 1,000 refugees from Chinland. Canada also serves as CHRO’s main headquarters.

 

 

The extension of honorary citizenship to Aung San Suu Kyi comes on the heels of brutal crackdowns against political and religious leaders last month following country-wide protests in Burma. Hundreds are believed to remain in detention facilities throughout the country. Aung San Suu Kyi also remains under house arrest. T

 

 

 

28 September 2007

 

 

 

The Chin Human Rights Organizations denounces the SPDC’s recent crackdowns and killings of peaceful protestors and religious leaders in Burma. CHRO also sends messages of support and encouragement to all the brave and courageous men and women of Burma who are currently rising up against the military regime. In support of the protestors, CHRO calls on the SPDC to lay down their arms, release the innocently imprisoned, and allow all those in Burma to live in peace and with dignity.

 

 

 

Over the past several weeks, protests have gained momentum throughout Burma. Spurred by the sudden and arbitrary rise in fuel prices on 19 August 2007, thousands of monks and religious leaders took to the streets to engage in peaceful marches. Following the lead of the monks, protests have spread throughout the country. In Chinland and in other parts of Burma, the Chin people have joined calls for democracy and peaceful change in Burma.

 

 

 

Unfortunately, the peaceful demands of the monks and people have been met with unrestrained violence and aggression by the military regime. Starting two days ago, the regime have begun raiding monasteries, arresting and beating monks, shooting unarmed protestors, and committing extensive human rights abuses.

 

 

 

As a result of the regime’s reaction to the protests, many are believed to be dead and many more injured or imprisoned. Yesterday two elected Chin MPs, Pu Cin Sian Thang of the Zomi National Congress and Pu Thawng Kho Thang of the United Nationalities League for Democracy, were caught up in the raids when they were taken from their homes and put under arrest. There is no way to know the number of people who have become victims of the regime’s retaliation.

 

 

 

For decades the people of Burma have suffered brutal oppression, human rights violations, and severe restrictions on fundamental freedoms at the hands of the military regime. For too long the people of Burma have lived under severe oppression and military rule. Let this be the time for change in Burma!

 

 

 

To the people inside Burma, please know that our thoughts and prayers are with you. Your struggles are not in vain- the world is watching.

 

 

 

To the SPDC and the Generals of Burma:

 

· Lay down your arms and let the voices of the people of Burma to be heard without obstruction

 

· Release all those innocently imprisoned, including the elected democratic leaders of Burma, Buddhist monks and religious leaders, and all others wrongly detained

 

· Engage in constructive dialogue with opposition parties, ethnic leaders, and others

 

· Allow the people of Burma to live with full and complete access to freedom, prosperity, and peace

 

 

 

To the International Community:

 

· Write or call your government officials and representatives and urge them to speak out against the military regime of Burma

 

· Show support for the protestors in Burma by joining or organizing protests in your area against the military regime of Burma

 

 

 

To ASEAN nations, China, and India:

 

· Burma is a threat to regional peace. Use your influence to affect positive change in the Burma

 

· Stop supporting the military regime through investments and trade

 

· Protect and promote the rights of refugees coming from Burma

 

 

 

For More Information Please Contact:

 

 

 

In Thailand: Amy Alexander, CHRO Regional Advocacy Officer, at Tel: 66-85-2302-609, email: [email protected] e-mail address is being protected from spam bots, you need JavaScript enabled to view it

 

 

In N. America: Salai Bawi Lian, CHRO Director, at Tel: 510-332-0983, email: [email protected]

 

 

 

By: Amy Alexander

 

31 July 2007

 

 

 

Kuala Lumpur, Malaysia: About 60 refugees and asylum seekers from Burma’s Chin State are now behind bars in Malaysia awaiting an uncertain future after immigration raids yesterday in Kuala Lumpur’s Jalan Lokeyew neighborhood. About 20 women and children and 25 UNHCR-recognized refugees are among those rounded up during the raid.

 

 

 

Almost half of those arrested yesterday morning are recognized refugees with valid UNHCR documents. Many are in the final stages of a long process to be resettled to a third country, with some scheduled to depart within the next couple weeks. Instead of boarding an airplane to begin a new life abroad, they now face the possibility of being loaded onto a lorry bound for the Thai border.

 

 

 

The raid began in the early hours of the morning yesterday in Kuala Lumpur’s Jalan Lokeyew neighborhood, where a large number of refugees and asylum seekers from Burma’s Chin State reside. This neighborhood was targeted just one month ago in a similarly-styled raid, which resulted in the arrest and detention of mostly women and young children.

 

 

 

The raid was conducted by Malaysia’s controversial RELA or the People’s Volunteer Corps, an untrained, volunteer civilian unit endowed with considerable enforcement powers. This year RELA has come under increasing criticism for its member’s reckless conduct and abusive actions during raids, not only by international human rights groups but also by organization’s within Malaysia’s civil society. In March, the Malaysian Bar joined the Malaysia-based human rights group SUARAM in calling for RELA’s immediate disbandment following repeated complaints of torture and other human rights violations.

 

 

 

Despite continued condemnation by members of the international community and human rights organizations, yesterday’s raid is one of a mounting number of recently conducted raids targeting the refugee and undocumented migrant community in Malaysia. Since the beginning of this year, several hundreds of refugees and undocumented migrants have been caught up in similar immigration raids.

 

 

 

Malaysia refuses to recognize or give any protections to refugees or asylum seekers living within its borders. Rather, Malaysia has been conducting operations to target undocumented migrants as well as refugees and asylum seekers since March 2005. In February of this year, Malaysia’s Home Affairs Minister, Datuk Seri Radzi Sheikh Ahmad reaffirmed the government’s intolerance for the refugee population by criticizing the UNHCR for getting in the way of the operations of agencies such as RELA and the Immigration Department. The Minister further indicated that Malaysia “accepts UNHCR’s presence, but not their powers.”

 

 

Hundreds of thousands of Chins have been forced to leave their homes in Burma to escape severe ethnic and religious persecution committed by the military regime of Burma. They arrive in Malaysia in search of some sense of security. Currently, there are over 23,000 Chin asylum seekers and refugees living in Malaysia. Instead of finding safety, the Chin people are the constant target of harassment, arrest, detention, and deportation by the Malaysian authorities. In addition, they are unable to work, receive an education, access healthcare services, or find acceptable living accommodations. With the UNHCR registration process closed since July 2005, obtaining refugee status or any protective documents from the UNHCR is difficult. As a result, life for the Chins in Malaysia is full of abuses and uncertainties.

 

 

Kuala Lumpur, Malaysia: CHRO has recently been informed that just two days after Malaysia’s RELA forces rounded up and detained more than 200 refugees and asylum seekers from the Jalan Imbi neighborhood of Kuala Lumpur, Malaysian immigration authorities conducted a second raid, this time in Kuala Lumpur’s Lok Yew neighborhood. This second raid resulted in 42 more refugees and asylum seekers being sent to the already overflowing Lenggeng immigration detention facility.

 

 

Whereas most of the Chins detained during the June 25th raid are UNHCR recognized refugees awaiting resettlement to third countries, a majority of those detained during the June 27th raid are women and young children. From these two incidents alone, over 36 children, two pregnant women, and 19 UNHCR-recognized refugees who are within months of being resettled to third countries are now in Malaysian immigration detention facilities facing an uncertain future.

 

 

 

CHRO is concerned for the safety and security of all those who are detained in Malaysia. CHRO is particularly concerned for the two nine-month pregnant women, Tuan Zi (Chin Refugee Center File No. 354-05C08617) and Fam Tang (UNHCR File No. 03/MLS/08317), and the children who remain in detention despite their vulnerable positions, including:

 

1. Ngun Tha Lian, age 1 (File No. 05/MLS/05505)

2. Tial Tim Rem, age 3 (File No. 05/MLS/05505)

3. Van Lian Bawi, age 3 (File No. 354-05C08617)

4. Siang Hlei Sung, age 4 (File No. 354-06C03661)

5. Jumania Sung Tin Par, age 6 (File No. 354-06C03661)

6. Ngun Za Hlei, age 7 (File No. 05/MLS/05505)

7. Cem Cem, age 7 (File No. 05/MLS/05503)

8. Tha Chin Iang, age 10 (File No. 354-06C03661)

9. Solomon, age 12 (File No. 05/00579)

10. Cung Uk Thawng, age 12 (File No. 04/07211)

11. Sui cin, age 13 (File No. 354-06C03661)

12. Philip, age 14 (File No. 05/00579)

 

Conditions inside Malaysia’s immigration detention facilities rise to the level of torture, with prisoners being given inadequate food, clothing, and accommodations, in addition to being subjected to verbal and physical abuse by the guards. Those arrested for immigration offenses are increasingly charged with canings, a serious penalty that leaves deep, permanent scarring. This situation is of serious concern for anyone in detention; however, for the numerous women and children, particularly pregnant women and very young children, the situation is critical.

 

 

 

The raids conducted by immigration enforcement agents during this past June are just two of a series of raids that have been conducted on an almost weekly basis since the Government of Malaysia launched operations targeting undocumented migrants in March 2005. For members of the Chin community, frequent raids and security abuses is an exhausting but unavoidable reality of daily existence in Malaysia. As expressed by Nani, a Chin refugee and volunteer with the Chin Refugee Center in Kuala Lumpur, “I’m really tired of this situation but [we] have to face whatever comes.”

 

 

 

CALL TO ACTION

 

 

 

By continuing to conduct immigration raids that target the refugee community and results in the detention, abuse, and deportation of large numbers of particularly vulnerable persons, Malaysia is in violation of basic human rights standards. Malaysia is a signatory to the UN Convention on the Elimination of All Forms of Discrimination against Women and the UN Convention on the Rights of the Child, as well as a sitting member of the UN Human Rights Council, however, women and children in Malaysia, including pregnant woman and very young children, continue to be exposed to and unprotected from security abuses, hostile immigration raids, and increasingly violent crimes committed with impunity.

 

 

 

Under international human rights law, these violations should not have to be a part of daily existence for asylum seekers and refugees living in Malaysia. CHRO calls on the Malaysian government to:

 

· Discontinue immigration raids and RELA operations that target members of the refugee and asylum seeking community.

 

· Immediately and unconditionally release all refugees and asylum seekers currently in immigration custody, particularly women and children.

 

· Cooperate with and work in conjunction with the Office of the United Nations High Commissioner for Refugees to protect the inherent rights of refugees and asylum seekers.

 

· Respect and uphold its international legal obligations to protect and promote the human rights of all people living within its borders.

 

 

 

CHRO also calls on the international community to join our efforts. Please write to or contact the following Malaysian officials in support of our demands:

 

Dato’ Seri Abdullah bin Haji Ahmad Badawi

Prime Minister and Minister of Internal Security

Prime Minister’s Office Malaysia

Perdana Putra Building

Federal Government Administrative Centre

62502 Putra Jaya

Selangor, Malaysia

Tel : + 60 3 8888 6000

Fax : + 60 3 8888 3444

 

Datuk Radzi Sheikh Ahmad

 

Minister of Home Affairs

 

Level 12, Block D1, Parcel D

 

Federal Government Administrative Centre

 

62546 Putra Jaya

 

Selangor, Malaysia

 

Tel: +60 3 8886 8000

 

Fax: +60 3 8889 1613

 

Tuan HJ. Wahid Bin MD Don

 

Director-General of Immigration Department

 

Director General Office

 

Immigration Department of Malaysia

 

Level 1-7 (Podium) Block 2G-4, Precint 2

 

Federal Government Administration Centre

 

62550 Putrajaya

 

Selangor, Malaysia

 

Tel: +60 3 8880 1000

 

Fax: +60 3 8880 1200

 

 

 

Dato’ Ishak Mohamed

 

Enforcement Director of Immigration Department

 

Director General Office

 

Immigration Department of Malaysia

 

Level 1-7 (Podium) Block 2G-4, Precint 2

 

Federal Government Administration Centre

 

62550 Putrajaya

 

Selangor, Malaysia

 

Tel: +60 3 8880 1000

Fax: +60 3 8880 1200