CHRO

Rhododendron News

Volume VI. No. V. November-December 2003

Chin Human Rights Organization

www.chro.org

 

CONTENTS

 

HUMAN RIGHTS

• Suu Kyi Suporter Passed Away While on the Run

• Villagers Forced to Construct Army and Police Camp in Rih Area

• Civilians Ordered to Take Militia Training In Chin State

• Order Translation

• Hundred of Women Forced to Take Part in Militia Training

• 3 NLD Leaders in Chin State Sentenced to 11 Years in Prison

 

REFUGEES

 

• Chin Refugee Died In Police Detention [CRC Malaysia]

• Alarming News From New Delhi: Burmese Refugees Demonstrating Infront Of The Unhcr Office Are Arrested And Brutally Treated By The Indian Police[CFIS]

• Report Upon The Protest Before UNHCR [CRC Delhi]

 

STATEMENT & PRESS RELEASE

 

• Situation of Burmese Refugees Worsens After India Detained 44 Burmese Following Police Attacks [CHRO]

• India: Investigate Police Attack on Burmese Demonstrators [Human Rights Watch]

• Indian Government Should Investigate Police Attack On Burmese Refugees [Forum-Asia]

 

FACTS & ARGUMENTS

• India: The Situation of Burmese Refugees in New Delhi

By Kavita Shukla, Refugee International

 

• The Situation of Burmese Refugees in India

By Victor Biak Lian, CHRO

 

 

Suu Kyi Suporter Passed Away While on the Run

 

November 19, 2003

 

Chin Human Rights Organization has received a report that Secretary of Thantlang Township’s National League for Democracy party passed away in a small town in India’s northeastern province where he had been hiding since escaping arrest by Burmese military intelligence. Mr. Than Ngai died of malaria yesterday, 18 November at Serchip hospital in Mizoram at about 8 o’ clock local time.

 

Mr. Than Ngai headed Thantlang Township National League for Democracy party. The NLD Township office in Thangtlang was reopened along with many other party offices in Chin State when Suu Kyi visited Chin State in April of 2003.

 

Than Ngai was responsible for organizing a welcoming ceremony for Suu Kyi and her entourage. During Suu Kyi’s brief stay in Thantlang, Than Ngai hosted a lunch for NLD leaders at his house. Suu Kyi later addressed a crowd of nearly ten thousand people who were gathering in a football field despite threats by local authorities that anyone participating in the event would face the consequences.

 

Soon after Suu Kyi and her entourage left Thantlang, Mr. Than Ngai was interrogated and threatened repeatedly by the military intelligence service. He later fled to India’s Mizoram state for fear of arrest. He was on hiding in rural Mizoram, unable to approach the United Nations High Commissioner for Refugees in New Delhi for protection, which has not been accepting political asylum seekers from Burma.

 

A dozen local NLD leaders from Chin State who have escaped arrest by the military regime are currently seeking protection from UNHCR in New Delhi.

 

Villagers Forced to Construct Army and Police Camp in Rih Area

 

September 2, 2003

India-Burma border

 

According to Leilet village headman from India-Burma border area, 30 villages from Falam township of Chin state were forcibly compelled to construct Army and police camp in Tihbual village.

 

The order to construct army and police camp was issued by battalion commander Major Myint Htun of Light Infantry Battalion 266.

 

According to the order issued by Major Myint Htun, every household from 30 villages in Falam township have to send one person per household to work at the army and police camp. According to Leilet village headman, the villagers have already worked for three times in this year and they may need to go there two more times before the end of the year.

 

The army does not provide any necessary tolls and food and the villagers themselves have to bring tools and food to work at the camps.

 

Civilians Ordered to Take Militia Training In Chin State

 

September 9, 2003

India-Burma Border

 

On August 4, 2003 U Sai Maung Lu, Chairman of Tiddim Township Peace and Development Council sighed and issued order number 3/3-41 (TPC) asking every village in Tiddim Township to send 10 person per villages to take militia training.

 

The training is scheduled to conduct by Battlion 269 of Burma army Light Infantry Battalion at Kamthok stadium. The training will be lasted for four weeks and schedule to start on August 29, 2003.

 

This training is the first batch in a series, that will be followed by more trainings. accommodation and food for the trainee have to be supplied by local villagers. It is estimated that the expense for one trainee is about Kyat15,000/ per person.

 

According to one of the village headmen from Tiddim township, it is miserable situation for all the villages to send ten person per village to take militia training. No one wants to participate in the training but we can not deny the order, said the village headman.

 

Order Translation

 

 

Township Peace and Development Council

Chin State/ Tiddim Town

Letter no. 3/3-41 (TPC)/U 5

Date/ 2003/ August (4)

 

To/

Chairman

Block/Village Peace and Development Council

____________ Village

 

Subject: To Take Militia Training

 

1. In order to safeguard the security of Tiddim township, Militia training will be conducted by Battalion 269 from August 29, 2003 at Tiddim town. Thus, every village have to send local militia to take the militia training batch by batch.

2. Therefore, as the first batch of the training, you have to send 10 members of core local militia to take the training without fail. Every block/village council members are responsible for accommodation and food for the trainee. Furthermore, you are informed to prepare for the next batch of the trainings.

3. The training schedule is as follow.

 

(a) Starting date of the training- 29.8.2003

(b) Openning ceremony for the training- 07:30 AM-11:30 Noon

(c) Duration of Training-(4) Weeks

(d) Training Place- Kamthok Stadium

 

Note: You have to report during office hour on 28.8.2003-12-27

 

 

Sd/-

 

 

Chairman

 

( U Sai Maung Lu)

 

Cc: Battalion Commander, No. 269 Light Infantry Battalion. Tiddim town.

 

 

Hundred of Women Forced to Take Part in Militia Training

 

5.10.2003

India-Burma Border

 

190 female government servants were among 450 civilians those who were forced to take militia training in Tiddim that started in late August and ended in September 2003.

 

According to Saya Pu Kam middle school teacher from Tiddim township who took part in the training the training instructors are from military, police and fire departments and Sergeant Major Soe Win was in-charge of the training. The training was gruelling. The training in-charge frequently shouted us that “we are going to shape you till you meet our standard, we are going to do no matter what” said Saya Pu Kam.

 

During the conclusion ceremony of the training, which was held in Kamthok stadium, commander of Light Infantry Battalion 269 gave a speech saying that we have to preserve our independence. Followed by Battalion commander speech, Township Peace and Development Chairman U Sai Maung Luu said that this is the first batch of militia training, which is intended for government servants and the next batch, which will be intended for non-government servants civilian, will be conduct in October and after that there will be another batch of training in November.

 

According to CHRO source, this kind of militia training was conduct in several township is Chin state such as Tonzang, Rih and Falam. In Falam township there was skirmish between the trainee and the training instructors due to the instructor harsh treatment towards the civilian trainee and the training was halted for a week.

 

3 NLD Leaders in Chin State Sentenced to 11 Years in Prison As Post-May 30 Crackdown Continues

 

26 June 2003

Three members of the National League for Democracy in Chin State’s Matupi Township, who were arrested by military authorities earlier this month, had been sentenced to 11 years in prison, a local NLD member who just arrived to Mizoram border reported. The 11-year sentence was handed down to each of the three NLD leaders during the second week of June, but it is still unclear as to where they will be sent to serve their sentences.

 

The three are identified as U Aung Thang, 38, secretary of NLD for Matupi Township, U Hla Moe (40), and Salai Pa Thang, 32, who is a local student leader and a final year law student at University of Mandalay.

 

The NLD member said people are particularly concerned about the fate of the three convicts because they are being held in unspecified location. The sentences were arbitrarily handed down by local military intelligence outside of the court, and their cases were never brought to the District court in Mindat. Mindat town is one of the two District administrative centers in Chin State, located a few miles away from Matupi.

 

They were arrested by military authorities on June 4 in Matupi, and were taken away to Mindat for interrogations there. More than 20 other NLD members escaped the arrest, and are on the run, and their whereabouts could not still be ascertained.

 

U Than Sein, an NLD Member of Parliament in exile, says the crackdown in Matupi is part of a larger effort by the ruling military regime to crush the NLD since the May 30 incident (in which pro-government thugs violently assaulted the touring NLD leaders). U Than Sein says he is very concerned that the whereabouts of the three NLD detainees are not known.

 

Aung San Suu Kyi, leader of the National League for Democracy, visited Matupi town on 10 April. Sources say that during her visit, crowds who showed up to greet Suu Kyi were videotaped by an officer of the Military Intelligence Service. Local organizers responsible for welcoming Aung San Suu Kyi then took away his video camera and put him away from the crowd until Suu Kyi left the town. U Aung Thang, U Hla Moe and Salai Pa Thang were then arrested on June 4 and taken away to Mindat for questioning. More than 20 other NLD members have since fled the town and are on hiding.

 

 

Translated by CHRO from original Burmese version.

Source: Khonumthung News Group

 

 

Chin Refugee Died In Police Detention

Chin Refugee Committee, Malaysia

30/11/2003

 

 

Mr. Ni Cung, 35 years old is a Chin national who fled Myanmar in fear of military arrest and persecution. He is an asylum seeker to UNHCR. However before he was interviewedby UNHCR, he was arrested by police in May, 2003 and put him in Lenggeng Immigration Camp where hundreds of foreign illegal immigrants were detained. After three months from his arrest, UNHCR officials went to detention and conducted interview for Mr. Ni Cung in August, 2003. Mr. Ni Cung waited his result whether UNHCR will recognize him as a refugee under UNHCR Mandate. Although the UNHCR said that his result will be out within one month from date of interview, his result was not out for three months.

 

Mr. Ni Cung was serious ill ( Ischaemis Heart Disease ) and the police once brought him to Seremban Hospital. Although the doctor advised the police that Mr. Ni Cung is no more fit to be detention, the police not only ignore the doctor advice but even tore down the letter from the doctor and did not give medicine properly.As his disease deteriorate the police brought him again to the previous hospital on Sunday ( 30 / 11 / 2003 ) but Mr. Ni Cung died a few hour later in the hospital.

 

We the Chin refugees were saddened by the sudden death of our fellow asylum seeker. Subsequently the Chin Refugees in Malaysia firmly stand to request the UNHCR to deal with swifter intervention especially for detention cases. The UNHCR ought not delay the result of asylum seekers who are in detention.

 

Chin Refugee Committee

Malaysia

 

 

ALARMING NEWS FROM NEW DELHI: BURMESE REFUGEES DEMONSTRATING INFRONT OF THE UNHCR OFFICE ARE ARRESTED AND BRUTALLY TREATED BY THE INDIAN POLICE.

 

Chin Forum Information Service

November 14, 2003

 

In the past few days alarming news have been received from Burmese refugee community in New Delhi. The news reaching us stated that on Wednesday 12 November at around 1:00 p.m. local time around 700 Burmese refugees demonstrating infront of the UNHCR office were being rounded up by the Indian police and were taken to an unknown destination in a convoy of trucks. The Indian government’s Defence Secretary Mr. Fernandes, who is known as one of the friends of Burma, and some high ranking Indian Police officers visted the UNHCR office on that day to pursuade them to accept the demands of the demonstrators. The authorities from the UNHCR, according to Zomi Information Centre, subsequently agreed and even issued forms for the refugees. In the afternoon even before the refugees sumbmitted their forms the police suddenly arrived and took them all to an unknown destination. The remaining Burmese refugees are under fear and frustration.

 

Another source [ [email protected] e-mail address is being protected from spam bots, you need JavaScript enabled to view it ] also confirmed that “the police, some of them drunken hit the demonstrators severely that more than twenty four of them were seriously injured and hospitalized at AIIMS hospital. The police also used water cannons mercilessly against small children and elderly peoples. More than sixty refugees suffered external and internal injuries.

 

The same source further reported that on Thursday the next day (13 Nov) “Those who had been hospitalized at AIIMS Hospital on the 12th Nov. evening were taken back to Lodhi police station [even though some were under critical conditions and needed intensive treatment] the police did not allow them to stay on in the hospital. Among them was a lady named Sui Cui got severe head injuries. And until late today they were kept at the police station. Two youths Mr. Cung San Uk and Mr. Sangte were seriously injured and in critical condition. Today more than 300 are now in hunger strike to demand the release of their fellow severely injured and needed further treatment”.

 

A report sent to Lailun news group on 13 November also stated that “the whereabout of 24(twenty four) people is not known. On the early morning of 13th Nov at 1:00am we are sent to Vikaspuri and Janakpuri. After arriving about 200 people return to Lodi police station to claim the remaining 24 and other victims who had been hospitalized. This 200 demonstrators carry on hunger strike till evening. On this same day 13th Nov at 11:00am another 80 refugee demonstrators set out for 14,Jorbagh , UNHCR, however they are arrested and no one knew where they are .

 

As an eye witness observer, by the name Mr. T. Zul also confirmed the report and emphasized that the peaceful demonstrators “did not hold even a single stick” when they were mercilessly treated by the police. It is learnt that the Burmese refugees have been on strike since 20 October for days and nights protesting against the UNHCR’s unfair treatments and by the time of the crack down the refugees were already staging the demonstrations for 23 days. “Come what may we will continue our protest until our demands are met by the UNHCR” said one Burmese refugee. “Deep frustration regarding the policies of the office of UNHCR, New Delhi and the government of India” was highlighted in their statement jointly issued by All Burmese Refugees Committee and the Chin Refugees Committee based in New Delhi to the Chief of Mission of the UNHCR in New Delhi on 20 October, the day the long strikes started.

 

Inadequate financial assistance, arbitrary termination of monetary assistance, grossly insufficient educational allowance, ineffective self-reliance schemes, incomprehensible resettlement policy and the plights of the ignored Burmese refugees by the United Nations body stationed in the capital of India, among others, are the reasons of discontent by the Burmeses refugees, detailed in the said joint statement. [Please scroll down for the detail of the document jointly submitted by the two refugee organizations and a reply from the UNHCR]

 

The Chinland Gurdian also reported on 24 October that “The protest, the refugees say, is a result of arbitrary policies of UNHCR office in New Delhi, which have cornered Burmese refugees to intolerable inhumane conditions. While the agency has partially or entirely terminated the monthly assistance that has been provided to Burmese refugees, it has also rejected hundreds of new refugee applicants on the ground that UNHCR is facing financial constraints and that the claims asserted by Burmese asylum seekers are not credible. This, the refugees strongly disagree. They point out that because of the preconceived suspicion UNHCR personnel have on the motive of the asylum seekers, many refugees were not even asked questions that are relevant to their clams during their interviews. One refugee whose application for refugee status was rejected say that in his interview, he was asked whether he has ever ridden a horse or an elephant, a question he feels is neither relevant to his claim for refugees nor to UNHCR criteria which govern refugee recognition. Many refugees also claim that the interviewing officers often use methods to intimidate them during the interview, hampering the refugee’s ability to say what they want”.

 

Chin Refugee Committee- REPORT UPON THE PROTEST BEFORE UNHCR

 

Date: 20.11.2003 10:00 P.M

By: Information In-charge

 

On dated October 20, 2003 onwards the All Burmese Refugees settling in New Delhi started their long demonstration in front of UNHCR Office in New Delhi. The demonstrators were those who were being cut their Subsistence Allowance of the Legal Refugee Certificate holders living without proper jobs or works for their family survival or own, and the ignored refugees who fled from Burma who were seeking around one year and above without received any proper response by the UNHCR.

 

On their first date of demonstration, 20/10/03, there were (411) Burmese Refugees who sat in front of the office gate and waiting the positive response under the hot sun. At 5:05 P.M the Lodi Police started beating with their sticks and put them all on the three Swaraj Dump Carrier forcefully that some of the people were injured and blooded. The people of demonstrators of Burmese Refugees were having a strong decision to be brought to the Lodi Place Police Station till 10:30 P.M, and then sent out. Wait continuously without going back to their temporary residences for they have been living without food and support that some were slept beside the UNHCR Office and they continued their second date on 21/10/03. Twenty-six (26) Burmese Refugees of demonstrators were arrested by the police again and sent them out at 9:00 P.M but they went back to the UNHCR and stayed again. The said refugees were brutally beaten by Lodi Colony Police. On the third date 22/10/03 there were around 300 demonstrators at the same place that at 8:00 P.M the police swept them out and called them to the Police Station. The Police were driven them about 3km on foot along the way as like as an animals.

 

They all stayed around the UNHCR the whole night that many of them were injured by the police threatening. On the fourth date 23/10/03, many of other refugees joined them that around 700 Burmese Refugees were demonstrated from 8:00 A.M to 6:00 P.M. Since the UNHCR Chief of Mission could not give any positive answer for their demands that around 150 demonstrators decided to stay near the UNHCR Office. Around 7:00 P.M the Lodi Police arrested all those demonstrators and sent to Tihal Jail. At Tihal Jail, the police menaced and beaten with a stick to both man and women. Some of the injured protestors were sent to the clinic due to the Local Police in-human treatment. The protestors said officials of UNHCR have called in the police to dissuade them from continuing their protest against the Official allegation that has been confirmed to be true in the past. One of the reporters claimed that the Local Police and UNHCR, Delhi is doing as like as a couple. However, they could not receive all those Refugees that sent them out around 10:15 P.M. But they returned at the same place and stay there for waiting the next day there in the whole night. There has not been any problem till then.

 

 

On the fifth date 25/10/03, since it is one of the important Indian festival called Diwali, the police threatened them to go back to their home. However, the demonstrators could not be back due to they have nowhere to go for facing in the condition of uncertain future and especially Subsistence Allowance disrupted by UNHCR, Delhi. On the sixth and seventh date, the demonstrators were gathering behind UNHCR Office. They were continuing their demands. Although, UNHCR Office closed down the water closet and turned a deaf ear to them.

 

On the eight dates, 27/10/03, hundreds of demonstrators were continuing their demand peacefully before UNHCR. Although, the Office In-charge in Delhi is still sidelining by cheating in many ways to the protestors.

 

On the dates of protesting the UNHCR during 28,29,30,31,1and 2 with their peaceful demonstration, the assistant of the Chief of Mission told them the demonstrators are not eligible refugee status in accordance with the report of the Burman leader who are in New Delhi that they request to talk tripartite dialogue such as UNHCR Officers, the demonstrators and the so called leaders of Burman. The Burmese Refugees were asking to stop their demonstrations again and again but they have no desire to stop for they clearly understand they are perceived realized the uncertainty and insecurity of their life future thus they claimed their rights continuously staying beside the UNHCR office, New Delhi. They have no water drink and also the toiled were closed that UNHCR officer severally use the local police to disperse the Refuge protestor but after one or two hour later on around 150-300 refugee always gathering together every night and day and slept near the UNHCR office till 12/112003. However the Burmese the Refugee over 600 have been staying protest against UNHCR office peacefully demanding for their refugee status and resettlement in the third countries but the UNHCR office screening their demands by always beating and detaining them by the help of the police.

 

Unfortunately, on date 12/11/2003 after noon one of the government authority came and had a talk with the duty policeman then around 200 Delhi police and central reserve police (CRP) gather surrounded around the Burmese the refugee protestor. When the Delhi police with the CRP, came they were stand by with their pointing arms and waiting the order to arrest the Burmese peaceful protestors with their police dump carriers and mild lath charger. The policeman still blocked the roadway just before other aided were arrived. By observing the incident on the ground it is found to be a good preparation to arrest the Burmese Refugees.Note- (2:30 -3:15)-incident hours.

 

When 4:00 P.M sharp the policemen started beating the protestors men, women and children with their cane sticks and forcefully put them to their dump carriers and used their mild lath charges that many of them fall down on the spot and injured. Some of them were shocked with electric current, which is pre-arranged that they were taken out to save their life and immediately sent them home to take medical treatment as per needed. The rest refugee protestors of over 470 were carried with their stand by waiting police dump carriers Swaraj medium vehicles and kept separately into (4) custodies of Police Station such: –

 

1) In Lodi Police Station-(30) refugees

2) In Badarpur Police Station- (145) refugees

3) In Kalkaji Temple Near Police Station- (170) refugees

4) In Sarita Vihar Police Station- (121) refugees

 

Some of the injured refugees were admitted to the hospitals, of Apollo Hospital and AIIMS.

 

Out of those (4) Police Station, three Police Stations such Badarpur, Kalkaji and Sarita Vihar P/S sent back the refugees from their custody mid-night 12:00. (300) of them returned to sleep near the UNHCR office from All Burmese Refugee Committee (ABRC) Office, Asalatpur, Janakpuri and Burmese Community Relief Center (BCRC) office, Bodella, Vikaspuri then reached at UNHCR. When 13/11/2003 around 5:30 am the Lodi police requested to go home but they could not accept that at 6:00am they were taken to the Lodi P/S and reached at 7:00 am sharp. T he police had show the 24 arrested refugees who were injured in the sport of incident.

 

Those who got seriously injured and arrest Burmese refugee were as follow:-

-No. Name Sex BU/Temp. No. Remarks

1.Dawt Lian Cem M IND 834 Unconscious, Pain in legs, knees, hands and arms

2.Zo Sang M IND 00215 Injured on head, pain in hands

3.Ah Phong M 02IND 1121 Injured both legs and right hand

4.Van Hlei Thang M BU 352 Injured left hand

5.Par Sung F BU 588 Injured left leg

6.Hrang Tin Sung F BU 600 Injured both eyes, legs, neck, right thumb(POB)

7.Thawn Suan Mang M 03IND 234 Injured legs, hands, broken one teeth, swelling at lips.

8.Mang Hmun M Temp.905970 Injured cracked head, toes, swelling all body and both legs.

9.Laphylulu F Beaten on n her mark of previous appendix surgery. Swelling and pain in this particular point which made her unable to stand erect.

10.Nawn Dim F BU – 538 Pain in neck and thigh

11.Mary Van Zing F BU- 821 Beaten on head, pain in all body. In the state of unconciousness.

12.Benhur M BU-674/05 Beaten and pain in neck, shoulders and legs.

13.VanThawng M Pain and swelling in legs.

14.SunCuai F IND-113 Injured mark as pointed iron rod, both legs were cracked tight.

15.Tin Mang M BU- 132 Pains in legs and hands.

16.Biak lal M BU- 492 Injury on the head, 8 stitches, pain on knee.

17.Lian Sang M IND- 167 Pain in ribs.

18.Sui Maung M BU- 401 Broken leg-POB, pain in right hand, shoulders injured on head.

19.ThangLian(Nite) M BU- 168 Marks of pointed iron rod on 4 places, broken legs.

20.Tluang Val Lian M BU- 519 Injury in right leg, POB, mark of pointed iron rod on the left, swelling in the face and back.

21.Sang Tong Khai M 02IND01138 Left leg broken and left hand POB.

22.Di Ram M 02IND01101 Injured 2 places on head, legs couldn’t move,Pain on both hands.

23.R. Johnson M 02IND01102 Broken arms and legs, swelling and pain.

24.John. M Injury on head, broken leg and swelling body

 

At 3:15 pm, those 24 arrested were taken from the Lodi Police Station and were imprisoned at Tihar Central Jail at 7:30 pm as case filed by the Police. The other demonstrators detained at Lodi Road PS and Kalkaji PS were sent back by the authority with 2 buses. They reached ABRC Office by mid-night.

 

On the 14th November 2003 the demonstrators being released by the authority (105 in number) returned to the UNHCR Office and continue the demonstration. They were lathi charged and 92 man and 9 women were detained at Lodhi P/S. The demonstrators keep on increasing and gave themselves to the Police Authority to be arrested as their fellow demonstrators.

 

The Police arrested another 20 demonstrators and send the rest of them back home with 2 buses. R.S Gupta, Commissioner of Police, Delhi declared 30 days curfew with effect from 12th November, 2003 in accordance with the power conferred to him by section 144 Criminal procedure Code 1973 writ with Government of India, Ministry of Home Affairs, New Delhi Notification No. U- 11036/3/1978(I) UTL, dated 1.7.1978, prohibiting any form of gathering within 200 metres in and around the UNHCR Office. However, the demonstrators continue their agitation at Jantar Mantar and stay the whole night there.

 

On 15th November 2003 around 200 refugees continued the demonstration at Jantar Mantar till 4pm. They could hold the demonstration peacefully and return to ABRC office and spend the night there.

 

On the 16th and 17th November 2003, around 100 demonstrators were staying at ABRC, Chin Centre Hall, Asatlatpur and CWO Office, Janakpuri. On 18th November 2003, around 300 refugees continue their demonstration programme at Jantar Mantar up to 4:00 P.M. At the same time, the detained refugees were to be court at Patiala House Delhi Central Court that their families waited to meet them till 3:30 P.M. At 3:45 P.M, they all are taken out to face the court but they were given the chance to sign before the magistrate.

 

On 19th November 2003, around 100 refugees demonstrators were staying day and night for their continuation of their demonstration till 20th November 2003.

 

 

Situation of Burmese Refugees Worsens After India Detained 44 Burmese Following Police Attacks

 

Chin Human Rights Organization

 

Press Release

25 November 2003

Chin Human Rights Organization has learnt that over 800 refugees and asylum seekers from Burma who have been peacefully demonstrating in front of the United Nations High Commissioner for Refugees UNHCR office at 14 Jorbagh road in New Delhi, India for nearly four weeks to demand refugee status and humanitarian assistance were brutally beaten, arrested and detained by Indian police.

 

Eyewitnesses reported that on November 12, 2003 at around 3 pm, about 200 riot police from the Delhi Police armed with clubs and water canon came to disperse over 800 demonstrators, who were peacefully assembling in front of UNHCR office for the last 23 days. Without a warning, the police hosed the demonstrators with water cannon and began brutally beating them with clubs. Dozens of protesters including women were seriously injured and several children fell unconscious due to the shock of an unexpected and sudden violence. “A horrific scene of bloodbath” was the _expression one woman described the incident. She was beaten in the neck while her one-year-old child received severe eye burns from water cannon that hit him in the face. Some 25 persons needed to be taken to hospital for bodily injuries including serious injuries sustained in the heads.

 

Later in the evening, the police arrested all demonstrators and incarcerated them at four different police stations. Detainees say they were tortured in custody and that the police were seen drinking alcohol while they were taking the detainees to the detention place. A picture of a woman who was tortured by police shows severe bruises on her lower body. The severity of the injuries sustained by refugees seems to support the claims that the police were drunk at the time of the incident and that there was no provocation whatsoever on the part of the refugees to invite such police brutalities.

Chin Human Rights Organization is deeply concerned that until today, November 25, 2003, the Delhi Police continues to detain 44 persons at Tihar Jail in the western suburbs of New Delhi. The detainees are among the most seriously injured in the police violence. The detainees have been criminally charged with rioting, but eyewitnesses say the police beat them unprovoked. They alleged the charges are to justify the disproportionate and excessive use of force by the police and to cover up the tortures while in custody. The detainees include both recognized refugees and asylum seekers and CHRO is deeply concerned that India might eventually deport them to Burma where their safety will be seriously jeopardized.

 

UNHCR staff has not agreed to the repeated requests of the refugees and local rights groups to make legal intervention on behalf of the refugees. This is disturbing given that there were allegations UNHCR staff had invited the police to disperse the crowds in the first place. CHRO fervently requests the Office of UNHCR to take urgent steps to ensure that the 44 detainees have access to legal counsels and to attempt to secure their early release. CHRO also requests the Office of UNHCR to take immediate steps to prevent detained refugees from being repatriated to Burma.

 

Background:

 

As an organization that has been monitoring human rights situations in Burma’s western region, CHRO has long been concerned about the situations that compelled refugees to come to India. Refugees from Burma continue to cross into India in large numbers, but a very small fraction of that population has access to legal protection from the United Nations High Commissioner office in New Delhi. India has not recognized refugees from Burma nor has it permitted the UNHCR to assess the conditions of over 50,000 Chin refugees who live in Mizoram State. Under these circumstances, both the Government of India and UNHCR consider Chin to be mostly economic migrants. However, this has not been the case as evidence gathered by CHRO over the last several years suggest economic factors are not the main cause of refugee flight from Burma. CHRO believes that the majority of those who have crossed into India have valid fears of persecution in Burma.

 

Chin account for the majority of Burmese who came to India for protection. Expanded Burmese military establishment in Chin State and northwestern Burma had accelerated the level of human rights abuse among the Chin population. An inevitable consequence of this militarization has been a rapid increase in human rights violations such as forced labor, religious persecution, arbitrary arrest and detention, recruitment for military service and other forms of forced labor for military purposes. Since June of 2003, the Burmese regime has deployed two new army battalions (Light Infantry Battalion 104 and 105) to Chin State. This new deployment adds up to an existing more than a dozen army battalions in Chin State, an indication that human rights situation will deteriorate considerably in the region. The kind of human rights abuses happening in Chin State has direct links to the number of people who have been fleeing to India. With their areas heavily militarized and the Burmese army dominating all aspects of life, the Chin people today live in constant fear for their lives, not knowing when they will fall victims to the Burmese soldiers who constantly intimidate, torture and arbitrarily arrest civilians.

While Chin villagers can no longer find enough time to make their livings due to the army’s constant demands for forced labor for various purposes, villagers live in constant fear of being arrested and tortured when they could not contribute their services for the military. The Burmese army also target people suspected of having associated with anti-government activities and have routinely tortured, arrested and jailed, and sometimes, executed individuals without due process of law. Chin youngsters often become the primary target of conscription for military or militia service and various kinds of forced labor for infrastructure and military purposes. Recent reports from inside Chin State say Burmese army is forcibly recruiting people for militia training from across Chin State. Those refusing to participate in the training are arrested and tortured, or if they escaped, village headmen of the jurisdiction are held responsible and punished.

Religious persecution is a major concern for the Chins who are predominantly Christians. The Burmese army has been actively restricting and punishing those wishing to practice Christianity, while rewarding those who convert to Buddhism. Chin Christian churches and religiously symbolic monuments have been destroyed, while Buddhist pagodas are being built across Chin State often with forced labor of Christians.

Under the Burmese military junta, Chin State has become uninhabitable for the inhabitants. The most productive times of the Chin populace who make their primary means of survival by tilling and cultivating have been consumed by the army’s unceasing demand for forced labor and extortion of arbitrary taxes. All of these situations underlie the primary reasons as to which Chin people have escaped to India and elsewhere for protection.

 

Since the historic visit by Burma’s democracy leader Aung San Suu Kyi to Chin State in April 2003 and the subsequent arrest of the leadership of the National League for Democracy on May 30th, the people of Chin State have been constantly intimidated by the Burmese army for the overwhelming supports they’d shown to Aung San Suu Kyi. The Burmese army arrested two local NLD leaders in Matupi township earlier this year and sentenced them to 11 years in prison while a dozen persons evaded arrest by hiding in the jungles and then later fleeing to India. On November 18, 2003, Mr. Than Ngai, the Secretary of NLD Thantlang Township passed away in India where he had been hiding since escaping arrest by the Burmese military.

 

Since the sudden influx of hundreds of refugees to India earlier last year, the United Nations High Commissioner for Refugees Office in New Delhi has expressed doubts as to the reasons of such increase, suggesting that those who approached the Office are motivated by economic reasons. UNHCR subsequently rejected almost all asylum-seekers’ applications for refugee status. The UNHCR has also started phasing out Subsistence Allowance to refugees, leaving the refugees with no concrete alternatives to survive in New Delhi, a city in which they do not speak the local language and where they do not have legal work permit from the Government of India.

UNHCR recognized only one thousand refugees from Burma. The number represents only a very small fraction of the total Burmese refugee populations in India. Over 50,000 Chin refugees are estimated to be currently taking shelter in Mizoram. Without legal protection, they risk frequent deportation to Burma. In July of this year, about 6,000 Chin refugees were forcibly repatriated to Burma. Again in August 2000, hundreds of Chin individuals and families were forcibly pushed back to Burma. Despite the compelling circumstances, UNHCR has said it has not considered advocating for establishing its presence in the Mizoram border.

Asylum seekers from Burma have persistently claimed the doubts that UNHCR staff have on them are preconceived and there is an inherent prejudice in the determination of their status. While the human rights situations in Chin State and in Burma as a whole suggest there are valid fear of persecution, UNHCR should reevaluate individual claims presented by asylum seekers without any prejudgment to ensure that those who have genuine fears for their lives are given legal protection and necessary assistance.

 

For more information contact:

Chin Human Rights Organization at

Ph: 510-5951872 or Ph/Fax: 613-234 2485

< This e-mail address is being protected from spam bots, you need JavaScript enabled to view it > [email protected] e-mail address is being protected from spam bots, you need JavaScript enabled to view it ‘; document.write( ” ); document.write( addy_text88716 ); document.write( ‘<\/a>’ ); //–>\n This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

www.chro.org

 

 

India: Investigate Police Attack on Burmese Demonstrators

 

Human Rights Watch

 

(New York, December 2, 2003) — India should undertake a thorough and independent investigation of possible police abuses against Burmese refugees and asylum seekers during demonstrations on November 12-13 in New Delhi, Human Rights Watch said today. The government should also ensure that none of the refugees, including those who participated in the demonstrations, are forcibly returned to Burma, where they would likely face persecution.

 

On November 12, riot police used water cannons, electric batons, and canes to forcibly disperse a group of 500 Burmese nationals, many already recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), who were staging a protest outside the UNHCR office. Many had been protesting since October 20 the decision by UNHCR to cut its allowance for refugees in India from 1,400 rupees (U.S. $30) a month by as much as 60 percent in order to cut costs and promote “self reliance.”

 

At least 25 of the demonstrators were injured. Many of the injuries were severe, and included head and chest injuries, bruised backs and legs, and broken bones.

 

“There was no need for the police to use violence to break up a demonstration,” said Brad Adams, executive director of the Asia Division of Human Rights Watch. “It is disturbing that the world’s largest democracy would repress people who have already been victimized in their own country.”

 

On November 12, police officers detained several hundred protesters at four different police stations. Most were released that night. Twenty-four protesters were sent to Tihal Central Jail in New Delhi and charged with rioting and obstructing the police.

 

The New Delhi police commissioner declared a 30-day curfew effective November 12 in order to prohibit any gathering within 200 meters of the UNHCR office. On November 13, after more than 100 protesters gathered again in front of UNHCR, police officers arrested another 20 Burmese and sent them to Tihal Jail. In the days following the arrests, large numbers of protesters have continued to gather near the UNHCR office.

 

The UN Basic Principles on the Use of Force and Firearms provides that law enforcement officials shall, as far as possible, apply non-violent means before resorting to the use of force, and they may do so only if other means remain ineffective or without any promise of achieving the intended result.

 

Human Rights Watch urged the Indian government to investigate and prosecute or discipline as appropriate any police officer found to have used or authorized excessive force. The government must also ensure that those protestors charged with criminal offenses have access to legal counsel; those not charged should be released.

 

“India can demonstrate to these refugees that in a democracy the rule of law prevails even for the weakest,” said Adams.

 

Of the 42 demonstrators arrested and charged so far, two have been released on bail. According to UNHCR, 16 of the 44 are recognized by UNHCR as refugees under the 1951 Refugee Convention, and another 14 have cases that are pending.

 

UNHCR has recognized approximately 1,000 Burmese in New Delhi as refugees. The majority are ethnic Chin Christians from northwestern Burma, who fled to Mizoram state in India after the unrest in Burma in the mid-1990s. In recent years new refugee flows have been caused by arbitrary detention, torture, forced labor and religious persecution by the Burmese government, as well as ongoing warfare between government forces and the Chin National Army.

 

 

Indian Government Should Investigate Police Attack On Burmese Refugees

FORUM-ASIA (Asia Forum For Human Rights And Development)

For Immediate Release

Bangkok, 1 December 2003

 

The Asian Forum for Human Rights and Development (Forum-Asia) calls on the Indian Government to immediately launch an independent investigation into reports about police brutality in cracking down on Burmese refugees and asylum seekers during demonstrations on 12-13 November in New Delhi.

 

FORUM-ASIA has learnt that over 800 refugees and asylum seekers from Burma, peacefully demonstrating in front of the United Nations High Commissioner for Refugees (UNHCR) office in New Delhi for nearly four weeks to demand refugee status and humanitarian assistance, were brutally beaten, arrested and detained by Indian police.

 

Eyewitnesses reported that on 12 November at around 3 pm, about 200 riot police hosed the demonstrators with a water cannon and began brutally beating them with clubs. Dozens of protesters including women were seriously injured and several children fell unconscious due to the shock of the unexpected and sudden violence. At least 25 persons were taken to hospital for injuries, including serious injuries to the head and chest, severe eye burns from water cannon and broken bones. Later in the evening, the police arrested all demonstrators and incarcerated them at four different police stations.

 

On 13 November, after more than 100 protesters defied a 30-day curfew declared by the New Delhi Police Commissioner prohibiting any gathering within 200 meters of the UNHCR office, police arrested another 20 Burmese and sent them to Tihal Jail in the western suburbs of New Delhi.

Of the 42 demonstrators arrested and charged, two have been released on bail. According to the UNHCR, 16 of the 44 are recognized as refugees, and another 14 have cases that are pending. FORUM-ASIA is deeply concerned that those demonstrators detained at Tihar Jail are among the most seriously injured in the police violence. The detainees have been criminally charged with rioting, despite eyewitnesses report claiming that the police beat them unprovoked.

 

FORUM-ASIA stresses that the United Nations Basic Principles on the Use of Force and Firearms provides that law enforcement officials shall, as far as possible, apply non-violent means before resorting to the use of force, and they may do so only if other means remain ineffective or without any promise of achieving the intended result.

 

FORUM-ASIA urges the Indian government to investigate and prosecute or discipline as appropriate any police officer found to have used or authorized excessive force. The Indian Government must also ensure that those protestors charged with criminal offenses have access to legal counsel; those not charged should be released.

 

FORUM-ASIA is also deeply concerned that the Indian Government might eventually deport them to Burma where they will be in danger of persecution from the Burmese authorities. FORUM-ASIA calls on the UNHCR to take immediate steps to prevent detained refugees from being repatriated to Burma.

[ENDS]

For further information or comments, contact:

Somchai Homlaor, Forum-Asia Secretary General, on +66-1-899 5476

 

 

India: The Situation of Burmese Refugees in New Delhi

 

Kavita Shukla

Refugee International

 

11/24/2003

 

Maung Maung is a refugee in India from the Chin State of Burma, where he had been active in student government at his university and had organized demonstrations against the military coup of 1988. After the Burmese junta came to power, it ordered the arrest of all student leaders. Fearing for his life, Maung Maung had no choice but to leave Burma in September 1988. He spent four years in the Indian state of Mizoram before coming to New Delhi in 1992. Due to recent changes in United Nations High Commissioner for Refugees (UNHCR) support, he and his family are finding life even more difficult.

 

India is not a signatory to the 1951 Refugee Convention and has no domestic legislation concerning refugees. Refugees in India are discriminated against based on their countries of origin. Tibetan and Sri Lankan refugees are granted special privileges, such as travel permits, refugee identity documents, educational scholarships, and fall under the aegis of the Government of India. Other refugees are not so fortunate, and in the absence of national refugee legislation are considered ordinary aliens.

 

The Government of India has allowed the UNHCR to exercise its mandate over nationals of a few countries, such as Burma and Afghanistan. While UNHCR in India works under constraints imposed by both the Government of India and its own headquarters, New Delhi is nonetheless host to the largest UNHCR-recognized urban refugee population in the world — about 15,000 people. The majority of these individuals are Afghans, but there are also about 1,000 Burmese who have been given refugee status by UNHCR. Those who have been recognized as refugees by UNHCR get residence permits but have no formal right to work or establish business in India. Nor do Indian authorities take any measures that would make it possible for the refugees to integrate with the Indian population.

 

For more than a decade, UNHCR provided for those it had given refugee status in India by giving them a monthly subsistence allowance to cover the cost of housing, food and daily needs of the refugees. The subsistence allowance consisted of 1,400 Rupees (about $30) per month for the head of each refugee family and 600 Rupees (about $13) for each dependent. In addition, UNHCR also provided an educational allowance, between 2,500 to 3,100 Rupees (about $55-$68) per month per child for all school expenses, a medical allowance and a travel allowance.

 

In recent times, cuts in UNHCR India’s budget have led to changes that have had a significant impact on the lives of Burmese refugees recognized by UNHCR.

Earlier this year, UNHCR began a program to phase out the subsistence allowance with the rationale that the refugees have the opportunity to find employment in the informal sector and have the potential for self-reliance. Burmese refugees have long pointed out that 1,400 Rupees has been an inadequate subsistence allowance in a city such as New Delhi where the rent for a one-room lodging alone exceeds 1,500 Rupees (about $33) and that the educational allowances have not been sufficient to cover the costs of fees, books, uniforms and transportation. As a result, children often drop out of school. The refugees believe that with the phase-out of the subsistence allowance, they are left with extremely limited options for survival in New Delhi.

 

UNHCR staff in New Delhi told Refugees International that India is the only country where refugees are given a subsistence allowance. They maintain that this practice has created dependence. The subsistence allowance has prevented the refugees from making sufficient efforts to integrate into the Indian society, learn local languages, or pick up skills. While making changes to the subsistence allowance program, UNHCR is also providing the refugees with computer, vocational and English and Hindi language training programs in order for them to acquire skills that would enable them to work in the informal sector.

 

According to many Burmese refugees, however, the UNHCR self-reliance schemes are laudable, but not sustainable. The Burmese refugees find the language and vocational trainings to be so basic that they do not provide the basis for self-reliance. They claim that even with basic training, they cannot work in India due to very high competition for jobs and a lack of work permits. Many Burmese refugees also complain of discrimination, harassment and difficulties in getting access to local markets or income-generating activities. According to several of the refugees, even when they have found jobs, they are asked to work 14-hour days and are paid less than their Indian co-workers. As UNHCR provides no job placements following the training, the refugees feel that the training is of little benefit.

 

Maung Maung is one of the Burmese refugees who are coming under increasing pressure to make ends meet as his subsistence allowance is being cut. Neither he nor his wife has been able to find a job, and their five-member family has been completely dependent on the UNHCR subsistence allowance since 1994. The family shares its one-room lodging with two asylum seekers who came from Burma to New Delhi and who have not received UNHCR recognition as refugees. Food for the seven people consists mainly of soup. Sometimes they collect discarded vegetables from the market to supplement their meals. Maung Maung’s son has had to drop out of school due to the cut in the subsistence allowance and Maung Maung fears that his family may soon have to vacate the room where they live because he will not be able to pay the 1,800 Rupee (about $39) monthly rent.

 

The Burmese in New Delhi have accused UNHCR of turning down the applications of the majority of those seeking refugee status since the middle of last year. They also say that UNHCR takes too long — from six months to more than a year — to process the applications of the asylum seekers and often does not review the application properly, rejecting those who fled Burma to escape persecution.

 

UNHCR counters these charges by maintaining that prior to May 2002, it received about 20 requests per month from Burmese asylum seekers, out of which 60% were recognized and 40% were rejected. But from May to July 2002, it received 600 applications from the Burmese. Due to this large increase in the volume of applications, UNHCR has been unable to process the applications at its former speed, and the entire review process has slowed down. UNHCR justifies its high rates of rejection in recent months by saying that it found many of the refugee claims to be lacking credibility and during interviews of the refugee status seekers, it became apparent that many claims were fabricated. UNHCR believes that increasing numbers of Burmese who have false claims are being drawn to New Delhi due to rumors that those granted refugee status by UNHCR in India can then resettle in a third country like the United States or Canada.

 

UNHCR acknowledges that living conditions for refugee status seekers, during the waiting period while the applications are being processed, are difficult because there is no financial support provided by the organization until a person receives refugee recognition. This has been the case for Pa Thang, who applied for refugee status in October 2003. Pa Thang is from the Chin state of Burma and was interviewed by RI during a recent visit to Mizoram in May. While in Burma, Pa Thang was accused by Burmese soldiers of having links with the Chin National Front, an ethnic resistance movement. He was tied up, blindfolded, and beaten severely with the butt of a soldier’s gun while held for two days.

 

Pa Thang managed to escape to India, but still has persistent back pain, making it difficult for him to find work. He came to New Delhi with his wife in Oct. 2003 and applied for refugee status with UNHCR. His interview with UNHCR has been scheduled for March 2004. With no source of income and no place to stay, Pa Thang will be dependent for the next five months upon the generosity of other refugees in New Delhi, who themselves are facing cuts in their subsistence allowances. With the arrival of more Burmese to New Delhi from Mizoram as a result of the push backs (see RI’s bulletin Forced Back: Burmese Chin Refugees in India in Danger), there is additional burden on recognized refugees to share whatever subsistence allowances they are getting with the newcomers.

 

Burmese refugees and refugee status seekers in New Delhi have held several protests outside UNHCR headquarters to demand continuation of the subsistence allowance, an increase in the allowance from the current maximum amount 1,400 Rupees, increases in the educational and medical allowances, and recognition of more asylum seekers. They have also said that if their demands cannot be met, they should be resettled in a third country, where they will have the opportunity to work. Meanwhile UNHCR considers resettlement a very limited option, and provides statistics that out of 20 million refugees worldwide, only 30,000 are resettled. According to UNHCR, resettlement is not the most appropriate durable solution for the Burmese in New Delhi. Resettlement is usually only considered when there is an issue of family reunification or a strong protection concern.

 

The most recent rounds of protests by the Burmese against the self-reliance scheme began on Oct. 20, 2003 when more than 400 refugees and refugee status seekers demonstrated outside the UNHCR office in New Delhi. The demonstrations continued until November 12, when Delhi police took action against the protesters and dispersed them by hitting them with wooden truncheons. About 400 of the demonstrators, some of whom were severely injured during the police action, were arrested. Later, the majority of them were released, but 45 refugees and refugee status seekers (including six women) continue to languish in a jail in New Delhi under charges of rioting and obstructing public servants in discharge of their functions, because they don’t have the money needed to pay bail.

 

Refugees International is sympathetic with UNHCR’s position that providing subsistence allowances indefinitely creates dependence. We believe, however, that conditions for self-reliance need to be created before the allowance is cut abruptly. Two critical steps in this direction would be to make the vocational education programs more substantive and to advocate with the Indian government officials to convince them to allow Burmese refugees to work legally in India. UNHCR also needs to speed up the processing time for Burmese asylum seekers

 

[Kavita Shukla is Advocacy Associate with Refugees International]

 

The Situation of Burmese Refugees in India

By Victor Biak Lian

Chin Human Rights Organization

Regional Conference on Protection for Refugees from Burma

Chiangmai University, Chiangmai, Thailand

Nov. 6-7, 2003

 

I am very pleased to have this opportunity of talking about the situation of refugees from Burma in India. I am equally pleased for this rare opportunity of highlighting the condition of the least acknowledged yet one of the most in need of attentions by the international community. When talking about Burma’s displaced persons one is easily drawn to the conditions of those who have been displaced by decades of civil war in the eastern border of the country. But very little attention has been paid to the condition of thousands of people who have been experiencing an equally difficult situation with that of people in Burma’s western frontiers. Burma shares its western borders with India and Bangladesh and much of that frontier is adjacent to India’s northeastern region.

 

It is estimated that well over 50,000 refugees from Burma are currently living in India. The continuing lack of adequate protection mechanism for Burmese refugees in India makes it impossible to more than estimate the number of Burmese refugees. This is because of the fact that except for those who are able to approach UNHCR in New Delhi for protection, the majority of Burmese refugees in India are afraid to identify themselves as refugees, although careful scrutiny of their circumstances clearly suggest that they could fall within the meaning of refugee definition.

 

Most of the refugees from Burma are ethic Chins and they are mainly concentrated in India’s northeastern province of Mizoram. After a sudden influx of refugees following the brutal suppression of the pro-democracy movement in 1998, thousands of Chins have fled their homes to escape repression and systematic violations of human rights in Burma. Currently, Mizoram alone houses at least 50,000 refugees from Burma, while a few thousand refugees are found in Manipur and other areas along the borders with Burma. Neither the Government of India nor the United Nations High Commissioner for Refugees in New Delhi has acknowledged the presence of Burmese refugees in the border areas. As of March 2003, only 1003 individuals have been recognized by UNHCR in New Delhi.[1]

 

The pattern of refugee exodus from Burma can be divided into two categories: Those fleeing to India in the immediate aftermath of 1988 and those who have crossed into India steadily since the early 1990ies to the present. The first category includes university students and youth who participated in the 1988 uprising and who subsequently fled to India to escape a brutal military crackdown. The second category includes ordinary civilians and villagers who fled various kinds of human rights violations in the form of arbitrary arrest, torture, forced labor and religious persecutions.[2] Chins are predominantly Christians and Burmese soldiers have destroyed Churches, arrested and tortured pastors and evangelists, and have routinely exacted forced labor from Christians to build Buddhist pagodas. Ongoing insurgency and counter-insurgency programs are also major factors for refugee flight from Chin State.

 

India’s attitudes towards Burmese refugees

 

India is not a signatory to the 1951 Convention Relating to the Status of Refugees or its related Protocol. While the Government of India initially quickly reacted to refugee outflow triggered by the 1988 uprising by setting up refugee camps for refugees identified in the first category, since 1992, it had withdrawn the camps and cancelled the provision of all humanitarian assistance to Burmese refugees. This dramatic policy reversion had considerably affected the lives of thousands and had increased the vulnerability of refugees to arrest and deportation to Burma.

 

On many occasions, India has forcibly returned Burmese refugees to Burma. In 2006, India extradited eleven Burmese army defectors some of whom were already recognized as ‘person of concern’ by UNHCR.[3] Due to the lack of legal protection for Burmese refugees in the border, they are easily identified as economic migrants.

 

Close cultural and linguistic similarity with the Mizos also allow the Chins to easily integrate into the local society, and thereby being able to acquire employment in low-paid job such as weaving industry and road construction etc. Chin refugees often try to keep a low profile of their presence by getting absorbed into local Mizo communities to avoid being identified as “foreigners” or illegal immigrants. While they attempt to keep down visibility among the local populations, they often become particular target of scapegoats for local political parties in times of provincial legislative elections. In 2000, Mizoram authorities forcibly repatriated hundreds of Chin refugees to Burma. Out of hundreds of returnees, at least 87 people were reported to have been arrested and sent to forced labor camps in Burma.[4]

 

Again in March 2002, the Young Mizo Association, a broad-based social organization ordered the eviction of Chin refugees in Lunglei District, leaving at least 5000 Chin refugee families homeless. Since July 19, 2003, in response to a rape incident in which a Burmese national was alleged to be responsible, the Young Mizo Association started to evict thousands of Chin refugees from their houses in Mizoram. The eviction, which is still ongoing, has resulted in the forced return of over 6000 Chin refugees to Burma.[5] This latest drive of expulsion of Chin refugees is particularly alarming given that both the local communities under direction from the Young Mizo Association and Mizoram authorities have cooperated in evicting and sending back Chin refugees to Burma.

 

India has still not shown interest in the protection of Burmese refugees. Instead its primary interest since mid 1990s has been to build friendly relations with the military regime of Burma. The obvious consequence of increasing friendly relations between the two countries is that it creates a deep sense of insecurity and vulnerability among the Burmese refugees in India.

 

The role of UNHCR

 

UNHCR in New Delhi currently has about one thousand recognized Burmese refugees. This means that only a small fraction of Burmese refugee in India enjoy legal protection in India. Even those who have been recognized as refugees find themselves in precarious situations in New Delhi. UNHCR has provided a monthly financial assistance of Rs.1400 (About 30$) to recognized refugees. However, since March of 2003, UNHCR has cut financial assistance to many refugees saying that the provision of assistance to Burmese refugees has deterred them from seeking means of self-reliance, and that the termination of assistance to old refugees will accommodate new arrivals. Burmese refugees are already living in precarious conditions and it is predictable that they will encounter an even more serious problem once the full termination of their assistance took effect. The Indian authorities have issued them with residence permits, but denial of work permits makes any attempt at self-reliance almost impossible and illegal.

 

Refugees who have been recognized by UNHCR in New Delhi are treated as urban refugees. And the policy of UNHCR on urban refugees in India generally presumes that refugees can easily integrate themselves into local communities. Local integration is a term that implies that refugees are able to find safety, both physical protection and social integration into the local communities. This has not worked for urban refugees, especially refugees from Burma who for reasons of cultural, religious and linguistic differences have made them unable to achieve local integration. UNHCR in New Delhi hasn’t accepted ‘third resettlement’ as part of its strategy to find durable solution to refugee problem. Neither has it acknowledged its failure with regards to the policies of trying to achieve durable solution through local integration for Burmese refugees. In fact, most Burmese refugees are unskilled and cannot speak the local language, and therefore cannot simple find employment in India where there are already millions of unemployed people.

 

UNHCR Headquarters in Geneva has said it has not considered advocating for establishment of its presence in the border.[6] This is disturbing given that there are well over 50,000 Chin refugees in Mizoram who are in desperate need of protection.

There are about 400 Chin and Kachin refugees who are protesting in front of UNHCR office in Delhi for 14 consecutive days, demanding for two things. One is to recognize those whose application for refugee status had been turned down. Second is to resettle into third countries. However, UNHCR officials had not response until today instead they call local police to arrest them. When police intervene, kicking, punching, arrest followed and take them away from the office.

 

In conclusion, there is an urgent need of greater international attention to the conditions of Burmese refugees in India. Protection mechanism needs to be in place for refugees from Burma who take shelter in Mizoram. This will only be possible if UNHCR assumes greater role in the protection of Burmese refugees by advocating for establishment of its presence in the border. India should positively respond by allowing UNHCR access to the border areas and by issuing work permits to Burmese refugees.

 

The need for humanitarian and relief assistance to refugees in the border areas is no less important. Governments and international donor organizations should seriously look into the possibility of channeling assistance to the most vulnerable and most needy persons in Mizoram. Since evictions started in Mizoram in 2003, nearly two hundred refugees from Burma had gathered in at least two rural villages whose residents have been very sympathetic to the plights Burmese refugees as to provide them with food and shelters. These villages could serve as a jumpstart for providing humanitarian assistance to refugees in the border areas.

 

Thank you.

 

 

 

 

 

[1] UNHCR’s Chief of Mission Lennart Kotsalainen’s letter to the Nordic Burma Support Groups, 3 March 2003, New Delhi

[2] More information on human rights situations in Chin State is available at www.chro.org

[3] In 1996, six Burmese soldiers from an army battalion based in Chin State defected to the Chin National Army. They later approached the UNHCR in New Delhi and were subsequently recognized as refugees. A high ranking Indian intelligence officer was identified as being responsible for their extradition. Some of the defectors were reportedly executed in Burma.

[4] Amnesty International: PUBLIC AI Index: ASA 20/40/00 UA 234/00 Possible forcible return of asylum-seekers 8 August 2000

[5] Rhododendron Vol. VI No III. July-August. www.chro.org

[6] In a meeting with CHRO’s representative on July 18, 2003, Burma Desk Officer at UNHCR Headquarters in Geneva made it clear that the Office of UNNCR has no intention to advocate for establishing a presence in the India-Burma border.

 

 

 

 

 

Volume VI. No. V. November-December 2003

 

Rhododendron News
Volume VI. No. V. November-December 2003
Chin Human Rights Organization
www.chro.org

CONTENTS

HUMAN RIGHTS
• Suu Kyi Suporter Passed Away While on the Run
• Villagers Forced to Construct Army and Police Camp in Rih Area
• Civilians Ordered to Take Militia Training In Chin State
• Order Translation
• Hundred of Women Forced to Take Part in Militia Training
• 3 NLD Leaders in Chin State Sentenced to 11 Years in Prison

REFUGEES

• Chin Refugee Died In Police Detention [CRC Malaysia]• Alarming News From New Delhi: Burmese Refugees Demonstrating Infront Of The Unhcr Office Are Arrested And Brutally Treated By The Indian Police[CFIS]• Report Upon The Protest Before UNHCR [CRC Delhi]

STATEMENT & PRESS RELEASE

• Situation of Burmese Refugees Worsens After India Detained 44 Burmese Following Police Attacks [CHRO]• India: Investigate Police Attack on Burmese Demonstrators [Human Rights Watch]
• Indian Government Should Investigate Police Attack On Burmese Refugees [Forum-Asia]

FACTS & ARGUMENTS
• India: The Situation of Burmese Refugees in New Delhi
By Kavita Shukla, Refugee International

• The Situation of Burmese Refugees in India
By Victor Biak Lian, CHRO

Suu Kyi Suporter Passed Away While on the Run

November 19, 2003

Chin Human Rights Organization has received a report that Secretary of Thantlang Township’s National League for Democracy party passed away in a small town in India’s northeastern province where he had been hiding since escaping arrest by Burmese military intelligence. Mr. Than Ngai died of malaria yesterday, 18 November at Serchip hospital in Mizoram at about 8 o’ clock local time.

Mr. Than Ngai headed Thantlang Township National League for Democracy party. The NLD Township office in Thangtlang was reopened along with many other party offices in Chin State when Suu Kyi visited Chin State in April of 2003.

Than Ngai was responsible for organizing a welcoming ceremony for Suu Kyi and her entourage. During Suu Kyi’s brief stay in Thantlang, Than Ngai hosted a lunch for NLD leaders at his house. Suu Kyi later addressed a crowd of nearly ten thousand people who were gathering in a football field despite threats by local authorities that anyone participating in the event would face the consequences.

Soon after Suu Kyi and her entourage left Thantlang, Mr. Than Ngai was interrogated and threatened repeatedly by the military intelligence service. He later fled to India’s Mizoram state for fear of arrest. He was on hiding in rural Mizoram, unable to approach the United Nations High Commissioner for Refugees in New Delhi for protection, which has not been accepting political asylum seekers from Burma.

A dozen local NLD leaders from Chin State who have escaped arrest by the military regime are currently seeking protection from UNHCR in New Delhi.

Villagers Forced to Construct Army and Police Camp in Rih Area

September 2, 2003
India-Burma border

According to Leilet village headman from India-Burma border area, 30 villages from Falam township of Chin state were forcibly compelled to construct Army and police camp in Tihbual village.

The order to construct army and police camp was issued by battalion commander Major Myint Htun of Light Infantry Battalion 266.

According to the order issued by Major Myint Htun, every household from 30 villages in Falam township have to send one person per household to work at the army and police camp. According to Leilet village headman, the villagers have already worked for three times in this year and they may need to go there two more times before the end of the year.

The army does not provide any necessary tolls and food and the villagers themselves have to bring tools and food to work at the camps.

Civilians Ordered to Take Militia Training In Chin State

September 9, 2003
India-Burma Border

On August 4, 2003 U Sai Maung Lu, Chairman of Tiddim Township Peace and Development Council sighed and issued order number 3/3-41 (TPC) asking every village in Tiddim Township to send 10 person per villages to take militia training.

The training is scheduled to conduct by Battlion 269 of Burma army Light Infantry Battalion at Kamthok stadium. The training will be lasted for four weeks and schedule to start on August 29, 2003.

This training is the first batch in a series, that will be followed by more trainings. accommodation and food for the trainee have to be supplied by local villagers. It is estimated that the expense for one trainee is about Kyat15,000/ per person.

According to one of the village headmen from Tiddim township, it is miserable situation for all the villages to send ten person per village to take militia training. No one wants to participate in the training but we can not deny the order, said the village headman.

Order Translation

Township Peace and Development Council
Chin State/ Tiddim Town
Letter no. 3/3-41 (TPC)/U 5
Date/ 2003/ August (4)

To/
Chairman
Block/Village Peace and Development Council
____________ Village

Subject: To Take Militia Training

1. In order to safeguard the security of Tiddim township, Militia training will be conducted by Battalion 269 from August 29, 2003 at Tiddim town. Thus, every village have to send local militia to take the militia training batch by batch.
2. Therefore, as the first batch of the training, you have to send 10 members of core local militia to take the training without fail. Every block/village council members are responsible for accommodation and food for the trainee. Furthermore, you are informed to prepare for the next batch of the trainings.
3. The training schedule is as follow.

(a) Starting date of the training- 29.8.2003
(b) Openning ceremony for the training- 07:30 AM-11:30 Noon
(c) Duration of Training-(4) Weeks
(d) Training Place- Kamthok Stadium

Note: You have to report during office hour on 28.8.2003-12-27

Sd/-

Chairman

( U Sai Maung Lu)

Cc: Battalion Commander, No. 269 Light Infantry Battalion. Tiddim town.

Hundred of Women Forced to Take Part in Militia Training

5.10.2003
India-Burma Border

190 female government servants were among 450 civilians those who were forced to take militia training in Tiddim that started in late August and ended in September 2003.

According to Saya Pu Kam middle school teacher from Tiddim township who took part in the training the training instructors are from military, police and fire departments and Sergeant Major Soe Win was in-charge of the training. The training was gruelling. The training in-charge frequently shouted us that “we are going to shape you till you meet our standard, we are going to do no matter what” said Saya Pu Kam.

During the conclusion ceremony of the training, which was held in Kamthok stadium, commander of Light Infantry Battalion 269 gave a speech saying that we have to preserve our independence. Followed by Battalion commander speech, Township Peace and Development Chairman U Sai Maung Luu said that this is the first batch of militia training, which is intended for government servants and the next batch, which will be intended for non-government servants civilian, will be conduct in October and after that there will be another batch of training in November.

According to CHRO source, this kind of militia training was conduct in several township is Chin state such as Tonzang, Rih and Falam. In Falam township there was skirmish between the trainee and the training instructors due to the instructor harsh treatment towards the civilian trainee and the training was halted for a week.

3 NLD Leaders in Chin State Sentenced to 11 Years in Prison As Post-May 30 Crackdown Continues

26 June 2003
Three members of the National League for Democracy in Chin State’s Matupi Township, who were arrested by military authorities earlier this month, had been sentenced to 11 years in prison, a local NLD member who just arrived to Mizoram border reported. The 11-year sentence was handed down to each of the three NLD leaders during the second week of June, but it is still unclear as to where they will be sent to serve their sentences.

The three are identified as U Aung Thang, 38, secretary of NLD for Matupi Township, U Hla Moe (40), and Salai Pa Thang, 32, who is a local student leader and a final year law student at University of Mandalay.

The NLD member said people are particularly concerned about the fate of the three convicts because they are being held in unspecified location. The sentences were arbitrarily handed down by local military intelligence outside of the court, and their cases were never brought to the District court in Mindat. Mindat town is one of the two District administrative centers in Chin State, located a few miles away from Matupi.

They were arrested by military authorities on June 4 in Matupi, and were taken away to Mindat for interrogations there. More than 20 other NLD members escaped the arrest, and are on the run, and their whereabouts could not still be ascertained.

U Than Sein, an NLD Member of Parliament in exile, says the crackdown in Matupi is part of a larger effort by the ruling military regime to crush the NLD since the May 30 incident (in which pro-government thugs violently assaulted the touring NLD leaders). U Than Sein says he is very concerned that the whereabouts of the three NLD detainees are not known.

Aung San Suu Kyi, leader of the National League for Democracy, visited Matupi town on 10 April. Sources say that during her visit, crowds who showed up to greet Suu Kyi were videotaped by an officer of the Military Intelligence Service. Local organizers responsible for welcoming Aung San Suu Kyi then took away his video camera and put him away from the crowd until Suu Kyi left the town. U Aung Thang, U Hla Moe and Salai Pa Thang were then arrested on June 4 and taken away to Mindat for questioning. More than 20 other NLD members have since fled the town and are on hiding.

Translated by CHRO from original Burmese version.
Source: Khonumthung News Group

Chin Refugee Died In Police Detention
Chin Refugee Committee, Malaysia
30/11/2003

Mr. Ni Cung, 35 years old is a Chin national who fled Myanmar in fear of military arrest and persecution. He is an asylum seeker to UNHCR. However before he was interviewedby UNHCR, he was arrested by police in May, 2003 and put him in Lenggeng Immigration Camp where hundreds of foreign illegal immigrants were detained. After three months from his arrest, UNHCR officials went to detention and conducted interview for Mr. Ni Cung in August, 2003. Mr. Ni Cung waited his result whether UNHCR will recognize him as a refugee under UNHCR Mandate. Although the UNHCR said that his result will be out within one month from date of interview, his result was not out for three months.

Mr. Ni Cung was serious ill ( Ischaemis Heart Disease ) and the police once brought him to Seremban Hospital. Although the doctor advised the police that Mr. Ni Cung is no more fit to be detention, the police not only ignore the doctor advice but even tore down the letter from the doctor and did not give medicine properly.As his disease deteriorate the police brought him again to the previous hospital on Sunday ( 30 / 11 / 2003 ) but Mr. Ni Cung died a few hour later in the hospital.

We the Chin refugees were saddened by the sudden death of our fellow asylum seeker. Subsequently the Chin Refugees in Malaysia firmly stand to request the UNHCR to deal with swifter intervention especially for detention cases. The UNHCR ought not delay the result of asylum seekers who are in detention.

Chin Refugee Committee
Malaysia

ALARMING NEWS FROM NEW DELHI: BURMESE REFUGEES DEMONSTRATING INFRONT OF THE UNHCR OFFICE ARE ARRESTED AND BRUTALLY TREATED BY THE INDIAN POLICE.

Chin Forum Information Service
November 14, 2003

In the past few days alarming news have been received from Burmese refugee community in New Delhi. The news reaching us stated that on Wednesday 12 November at around 1:00 p.m. local time around 700 Burmese refugees demonstrating infront of the UNHCR office were being rounded up by the Indian police and were taken to an unknown destination in a convoy of trucks. The Indian government’s Defence Secretary Mr. Fernandes, who is known as one of the friends of Burma, and some high ranking Indian Police officers visted the UNHCR office on that day to pursuade them to accept the demands of the demonstrators. The authorities from the UNHCR, according to Zomi Information Centre, subsequently agreed and even issued forms for the refugees. In the afternoon even before the refugees sumbmitted their forms the police suddenly arrived and took them all to an unknown destination. The remaining Burmese refugees are under fear and frustration.

Another source [ [email protected] This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ] also confirmed that “the police, some of them drunken hit the demonstrators severely that more than twenty four of them were seriously injured and hospitalized at AIIMS hospital. The police also used water cannons mercilessly against small children and elderly peoples. More than sixty refugees suffered external and internal injuries.

The same source further reported that on Thursday the next day (13 Nov) “Those who had been hospitalized at AIIMS Hospital on the 12th Nov. evening were taken back to Lodhi police station [even though some were under critical conditions and needed intensive treatment] the police did not allow them to stay on in the hospital. Among them was a lady named Sui Cui got severe head injuries. And until late today they were kept at the police station. Two youths Mr. Cung San Uk and Mr. Sangte were seriously injured and in critical condition. Today more than 300 are now in hunger strike to demand the release of their fellow severely injured and needed further treatment”.

A report sent to Lailun news group on 13 November also stated that “the whereabout of 24(twenty four) people is not known. On the early morning of 13th Nov at 1:00am we are sent to Vikaspuri and Janakpuri. After arriving about 200 people return to Lodi police station to claim the remaining 24 and other victims who had been hospitalized. This 200 demonstrators carry on hunger strike till evening. On this same day 13th Nov at 11:00am another 80 refugee demonstrators set out for 14,Jorbagh , UNHCR, however they are arrested and no one knew where they are .

As an eye witness observer, by the name Mr. T. Zul also confirmed the report and emphasized that the peaceful demonstrators “did not hold even a single stick” when they were mercilessly treated by the police. It is learnt that the Burmese refugees have been on strike since 20 October for days and nights protesting against the UNHCR’s unfair treatments and by the time of the crack down the refugees were already staging the demonstrations for 23 days. “Come what may we will continue our protest until our demands are met by the UNHCR” said one Burmese refugee. “Deep frustration regarding the policies of the office of UNHCR, New Delhi and the government of India” was highlighted in their statement jointly issued by All Burmese Refugees Committee and the Chin Refugees Committee based in New Delhi to the Chief of Mission of the UNHCR in New Delhi on 20 October, the day the long strikes started.

Inadequate financial assistance, arbitrary termination of monetary assistance, grossly insufficient educational allowance, ineffective self-reliance schemes, incomprehensible resettlement policy and the plights of the ignored Burmese refugees by the United Nations body stationed in the capital of India, among others, are the reasons of discontent by the Burmeses refugees, detailed in the said joint statement. [Please scroll down for the detail of the document jointly submitted by the two refugee organizations and a reply from the UNHCR]

The Chinland Gurdian also reported on 24 October that “The protest, the refugees say, is a result of arbitrary policies of UNHCR office in New Delhi, which have cornered Burmese refugees to intolerable inhumane conditions. While the agency has partially or entirely terminated the monthly assistance that has been provided to Burmese refugees, it has also rejected hundreds of new refugee applicants on the ground that UNHCR is facing financial constraints and that the claims asserted by Burmese asylum seekers are not credible. This, the refugees strongly disagree. They point out that because of the preconceived suspicion UNHCR personnel have on the motive of the asylum seekers, many refugees were not even asked questions that are relevant to their clams during their interviews. One refugee whose application for refugee status was rejected say that in his interview, he was asked whether he has ever ridden a horse or an elephant, a question he feels is neither relevant to his claim for refugees nor to UNHCR criteria which govern refugee recognition. Many refugees also claim that the interviewing officers often use methods to intimidate them during the interview, hampering the refugee’s ability to say what they want”.

Chin Refugee Committee- REPORT UPON THE PROTEST BEFORE UNHCR

Date: 20.11.2003 10:00 P.M
By: Information In-charge

On dated October 20, 2003 onwards the All Burmese Refugees settling in New Delhi started their long demonstration in front of UNHCR Office in New Delhi. The demonstrators were those who were being cut their Subsistence Allowance of the Legal Refugee Certificate holders living without proper jobs or works for their family survival or own, and the ignored refugees who fled from Burma who were seeking around one year and above without received any proper response by the UNHCR.

On their first date of demonstration, 20/10/03, there were (411) Burmese Refugees who sat in front of the office gate and waiting the positive response under the hot sun. At 5:05 P.M the Lodi Police started beating with their sticks and put them all on the three Swaraj Dump Carrier forcefully that some of the people were injured and blooded. The people of demonstrators of Burmese Refugees were having a strong decision to be brought to the Lodi Place Police Station till 10:30 P.M, and then sent out. Wait continuously without going back to their temporary residences for they have been living without food and support that some were slept beside the UNHCR Office and they continued their second date on 21/10/03. Twenty-six (26) Burmese Refugees of demonstrators were arrested by the police again and sent them out at 9:00 P.M but they went back to the UNHCR and stayed again. The said refugees were brutally beaten by Lodi Colony Police. On the third date 22/10/03 there were around 300 demonstrators at the same place that at 8:00 P.M the police swept them out and called them to the Police Station. The Police were driven them about 3km on foot along the way as like as an animals.

They all stayed around the UNHCR the whole night that many of them were injured by the police threatening. On the fourth date 23/10/03, many of other refugees joined them that around 700 Burmese Refugees were demonstrated from 8:00 A.M to 6:00 P.M. Since the UNHCR Chief of Mission could not give any positive answer for their demands that around 150 demonstrators decided to stay near the UNHCR Office. Around 7:00 P.M the Lodi Police arrested all those demonstrators and sent to Tihal Jail. At Tihal Jail, the police menaced and beaten with a stick to both man and women. Some of the injured protestors were sent to the clinic due to the Local Police in-human treatment. The protestors said officials of UNHCR have called in the police to dissuade them from continuing their protest against the Official allegation that has been confirmed to be true in the past. One of the reporters claimed that the Local Police and UNHCR, Delhi is doing as like as a couple. However, they could not receive all those Refugees that sent them out around 10:15 P.M. But they returned at the same place and stay there for waiting the next day there in the whole night. There has not been any problem till then.

On the fifth date 25/10/03, since it is one of the important Indian festival called Diwali, the police threatened them to go back to their home. However, the demonstrators could not be back due to they have nowhere to go for facing in the condition of uncertain future and especially Subsistence Allowance disrupted by UNHCR, Delhi. On the sixth and seventh date, the demonstrators were gathering behind UNHCR Office. They were continuing their demands. Although, UNHCR Office closed down the water closet and turned a deaf ear to them.

On the eight dates, 27/10/03, hundreds of demonstrators were continuing their demand peacefully before UNHCR. Although, the Office In-charge in Delhi is still sidelining by cheating in many ways to the protestors.

On the dates of protesting the UNHCR during 28,29,30,31,1and 2 with their peaceful demonstration, the assistant of the Chief of Mission told them the demonstrators are not eligible refugee status in accordance with the report of the Burman leader who are in New Delhi that they request to talk tripartite dialogue such as UNHCR Officers, the demonstrators and the so called leaders of Burman. The Burmese Refugees were asking to stop their demonstrations again and again but they have no desire to stop for they clearly understand they are perceived realized the uncertainty and insecurity of their life future thus they claimed their rights continuously staying beside the UNHCR office, New Delhi. They have no water drink and also the toiled were closed that UNHCR officer severally use the local police to disperse the Refuge protestor but after one or two hour later on around 150-300 refugee always gathering together every night and day and slept near the UNHCR office till 12/112003. However the Burmese the Refugee over 600 have been staying protest against UNHCR office peacefully demanding for their refugee status and resettlement in the third countries but the UNHCR office screening their demands by always beating and detaining them by the help of the police.

Unfortunately, on date 12/11/2003 after noon one of the government authority came and had a talk with the duty policeman then around 200 Delhi police and central reserve police (CRP) gather surrounded around the Burmese the refugee protestor. When the Delhi police with the CRP, came they were stand by with their pointing arms and waiting the order to arrest the Burmese peaceful protestors with their police dump carriers and mild lath charger. The policeman still blocked the roadway just before other aided were arrived. By observing the incident on the ground it is found to be a good preparation to arrest the Burmese Refugees.Note- (2:30 -3:15)-incident hours.

When 4:00 P.M sharp the policemen started beating the protestors men, women and children with their cane sticks and forcefully put them to their dump carriers and used their mild lath charges that many of them fall down on the spot and injured. Some of them were shocked with electric current, which is pre-arranged that they were taken out to save their life and immediately sent them home to take medical treatment as per needed. The rest refugee protestors of over 470 were carried with their stand by waiting police dump carriers Swaraj medium vehicles and kept separately into (4) custodies of Police Station such: –

1) In Lodi Police Station-(30) refugees
2) In Badarpur Police Station- (145) refugees
3) In Kalkaji Temple Near Police Station- (170) refugees
4)  In Sarita Vihar Police Station- (121) refugees

Some of the injured refugees were admitted to the hospitals, of Apollo Hospital and AIIMS.

Out of those (4) Police Station, three Police Stations such Badarpur, Kalkaji and Sarita Vihar P/S sent back the refugees from their custody mid-night 12:00. (300) of them returned to sleep near the UNHCR office from All Burmese Refugee Committee (ABRC) Office, Asalatpur, Janakpuri and Burmese Community Relief Center (BCRC) office, Bodella, Vikaspuri then reached at UNHCR. When 13/11/2003 around 5:30 am the Lodi police requested to go home but they could not accept that at 6:00am they were taken to the Lodi P/S and reached at 7:00 am sharp. T he police had show the 24 arrested refugees who were injured in the sport of incident.

Those who got seriously injured and arrest Burmese refugee were as follow:-
-No. Name Sex BU/Temp. No. Remarks
1.Dawt Lian Cem M IND 834 Unconscious, Pain in legs, knees, hands and arms
2.Zo Sang M IND 00215 Injured on head, pain in hands
3.Ah Phong M 02IND 1121 Injured both legs and right hand
4.Van Hlei Thang M BU 352 Injured left hand
5.Par Sung F BU 588 Injured left leg
6.Hrang Tin Sung F BU 600 Injured both eyes, legs, neck, right thumb(POB)
7.Thawn Suan Mang M 03IND 234 Injured legs, hands, broken one teeth, swelling at lips.
8.Mang Hmun M Temp.905970 Injured cracked head, toes, swelling all body and both legs.
9.Laphylulu F Beaten on n her mark of previous appendix surgery. Swelling and pain in this particular point which made her unable to stand erect.
10.Nawn Dim F BU – 538 Pain in neck and thigh
11.Mary Van Zing F BU- 821 Beaten on head, pain in all body. In the state of unconciousness.
12.Benhur M BU-674/05 Beaten and pain in neck, shoulders and legs.
13.VanThawng M Pain and swelling in legs.
14.SunCuai F IND-113 Injured mark as pointed iron rod, both legs were cracked tight.
15.Tin Mang M BU- 132 Pains in legs and hands.
16.Biak lal M BU- 492 Injury on the head, 8 stitches, pain on knee.
17.Lian Sang M IND- 167 Pain in ribs.
18.Sui Maung M BU- 401 Broken leg-POB, pain in right hand, shoulders injured on head.
19.ThangLian(Nite) M BU- 168 Marks of pointed iron rod on 4 places, broken legs.
20.Tluang Val Lian M BU- 519 Injury in right leg, POB, mark of pointed iron rod on the left, swelling in the face and back.
21.Sang Tong Khai M 02IND01138 Left leg broken and left hand POB.
22.Di Ram M 02IND01101 Injured 2 places on head, legs couldn’t move,Pain on both hands.
23.R. Johnson M 02IND01102 Broken arms and legs, swelling and pain.
24.John. M Injury on head, broken leg and swelling body

At 3:15 pm, those 24 arrested were taken from the Lodi Police Station and were imprisoned at Tihar Central Jail at 7:30 pm as case filed by the Police. The other demonstrators detained at Lodi Road PS and Kalkaji PS were sent back by the authority with 2 buses. They reached ABRC Office by mid-night.

On the 14th November 2003 the demonstrators being released by the authority (105 in number) returned to the UNHCR Office and continue the demonstration. They were lathi charged and 92 man and 9 women were detained at Lodhi P/S. The demonstrators keep on increasing and gave themselves to the Police Authority to be arrested as their fellow demonstrators.

The Police arrested another 20 demonstrators and send the rest of them back home with 2 buses. R.S Gupta, Commissioner of Police, Delhi declared 30 days curfew with effect from 12th November, 2003 in accordance with the power conferred to him by section 144 Criminal procedure Code 1973 writ with Government of India, Ministry of Home Affairs, New Delhi Notification No. U- 11036/3/1978(I) UTL, dated 1.7.1978, prohibiting any form of gathering within 200 metres in and around the UNHCR Office. However, the demonstrators continue their agitation at Jantar Mantar and stay the whole night there.

On 15th November 2003 around 200 refugees continued the demonstration at Jantar Mantar till 4pm. They could hold the demonstration peacefully and return to ABRC office and spend the night there.

On the 16th and 17th November 2003, around 100 demonstrators were staying at ABRC, Chin Centre Hall, Asatlatpur and CWO Office, Janakpuri. On 18th November 2003, around 300 refugees continue their demonstration programme at Jantar Mantar up to 4:00 P.M. At the same time, the detained refugees were to be court at Patiala House Delhi Central Court that their families waited to meet them till 3:30 P.M. At 3:45 P.M, they all are taken out to face the court but they were given the chance to sign before the magistrate.

On 19th November 2003, around 100 refugees demonstrators were staying day and night for their continuation of their demonstration till 20th November 2003.

Situation of Burmese Refugees Worsens After India Detained 44 Burmese Following Police Attacks

Chin Human Rights Organization

Press Release
25 November 2003
Chin Human Rights Organization has learnt that over 800 refugees and asylum seekers from Burma who have been peacefully demonstrating in front of the United Nations High Commissioner for Refugees UNHCR office at 14 Jorbagh road in New Delhi, India for nearly four weeks to demand refugee status and humanitarian assistance were brutally beaten, arrested and detained by Indian police.

Eyewitnesses reported that on November 12, 2003 at around 3 pm, about 200 riot police from the Delhi Police armed with clubs and water canon came to disperse over 800 demonstrators, who were peacefully assembling in front of UNHCR office for the last 23 days. Without a warning, the police hosed the demonstrators with water cannon and began brutally beating them with clubs. Dozens of protesters including women were seriously injured and several children fell unconscious due to the shock of an unexpected and sudden violence. “A horrific scene of bloodbath” was the _expression one woman described the incident. She was beaten in the neck while her one-year-old child received severe eye burns from water cannon that hit him in the face. Some 25 persons needed to be taken to hospital for bodily injuries including serious injuries sustained in the heads.

Later in the evening, the police arrested all demonstrators and incarcerated them at four different police stations. Detainees say they were tortured in custody and that the police were seen drinking alcohol while they were taking the detainees to the detention place. A picture of a woman who was tortured by police shows severe bruises on her lower body. The severity of the injuries sustained by refugees seems to support the claims that the police were drunk at the time of the incident and that there was no provocation whatsoever on the part of the refugees to invite such police brutalities.
Chin Human Rights Organization is deeply concerned that until today, November 25, 2003, the Delhi Police continues to detain 44 persons at Tihar Jail in the western suburbs of New Delhi. The detainees are among the most seriously injured in the police violence. The detainees have been criminally charged with rioting, but eyewitnesses say the police beat them unprovoked. They alleged the charges are to justify the disproportionate and excessive use of force by the police and to cover up the tortures while in custody. The detainees include both recognized refugees and asylum seekers and CHRO is deeply concerned that India might eventually deport them to Burma where their safety will be seriously jeopardized.

UNHCR staff has not agreed to the repeated requests of the refugees and local rights groups to make legal intervention on behalf of the refugees. This is disturbing given that there were allegations UNHCR staff had invited the police to disperse the crowds in the first place. CHRO fervently requests the Office of UNHCR to take urgent steps to ensure that the 44 detainees have access to legal counsels and to attempt to secure their early release. CHRO also requests the Office of UNHCR to take immediate steps to prevent detained refugees from being repatriated to Burma.

Background:

As an organization that has been monitoring human rights situations in Burma’s western region, CHRO has long been concerned about the situations that compelled refugees to come to India. Refugees from Burma continue to cross into India in large numbers, but a very small fraction of that population has access to legal protection from the United Nations High Commissioner office in New Delhi. India has not recognized refugees from Burma nor has it permitted the UNHCR to assess the conditions of over 50,000 Chin refugees who live in Mizoram State. Under these circumstances, both the Government of India and UNHCR consider Chin to be mostly economic migrants. However, this has not been the case as evidence gathered by CHRO over the last several years suggest economic factors are not the main cause of refugee flight from Burma. CHRO believes that the majority of those who have crossed into India have valid fears of persecution in Burma.

Chin account for the majority of Burmese who came to India for protection. Expanded Burmese military establishment in Chin State and northwestern Burma had accelerated the level of human rights abuse among the Chin population. An inevitable consequence of this militarization has been a rapid increase in human rights violations such as forced labor, religious persecution, arbitrary arrest and detention, recruitment for military service and other forms of forced labor for military purposes. Since June of 2003, the Burmese regime has deployed two new army battalions (Light Infantry Battalion 104 and 105) to Chin State. This new deployment adds up to an existing more than a dozen army battalions in Chin State, an indication that human rights situation will deteriorate considerably in the region. The kind of human rights abuses happening in Chin State has direct links to the number of people who have been fleeing to India. With their areas heavily militarized and the Burmese army dominating all aspects of life, the Chin people today live in constant fear for their lives, not knowing when they will fall victims to the Burmese soldiers who constantly intimidate, torture and arbitrarily arrest civilians.
While Chin villagers can no longer find enough time to make their livings due to the army’s constant demands for forced labor for various purposes, villagers live in constant fear of being arrested and tortured when they could not contribute their services for the military. The Burmese army also target people suspected of having associated with anti-government activities and have routinely tortured, arrested and jailed, and sometimes, executed individuals without due process of law. Chin youngsters often become the primary target of conscription for military or militia service and various kinds of forced labor for infrastructure and military purposes. Recent reports from inside Chin State say Burmese army is forcibly recruiting people for militia training from across Chin State. Those refusing to participate in the training are arrested and tortured, or if they escaped, village headmen of the jurisdiction are held responsible and punished.
Religious persecution is a major concern for the Chins who are predominantly Christians. The Burmese army has been actively restricting and punishing those wishing to practice Christianity, while rewarding those who convert to Buddhism. Chin Christian churches and religiously symbolic monuments have been destroyed, while Buddhist pagodas are being built across Chin State often with forced labor of Christians.
Under the Burmese military junta, Chin State has become uninhabitable for the inhabitants. The most productive times of the Chin populace who make their primary means of survival by tilling and cultivating have been consumed by the army’s unceasing demand for forced labor and extortion of arbitrary taxes. All of these situations underlie the primary reasons as to which Chin people have escaped to India and elsewhere for protection.

Since the historic visit by Burma’s democracy leader Aung San Suu Kyi to Chin State in April 2003 and the subsequent arrest of the leadership of the National League for Democracy on May 30th, the people of Chin State have been constantly intimidated by the Burmese army for the overwhelming supports they’d shown to Aung San Suu Kyi. The Burmese army arrested two local NLD leaders in Matupi township earlier this year and sentenced them to 11 years in prison while a dozen persons evaded arrest by hiding in the jungles and then later fleeing to India. On November 18, 2003, Mr. Than Ngai, the Secretary of NLD Thantlang Township passed away in India where he had been hiding since escaping arrest by the Burmese military.

Since the sudden influx of hundreds of refugees to India earlier last year, the United Nations High Commissioner for Refugees Office in New Delhi has expressed doubts as to the reasons of such increase, suggesting that those who approached the Office are motivated by economic reasons. UNHCR subsequently rejected almost all asylum-seekers’ applications for refugee status. The UNHCR has also started phasing out Subsistence Allowance to refugees, leaving the refugees with no concrete alternatives to survive in New Delhi, a city in which they do not speak the local language and where they do not have legal work permit from the Government of India.
UNHCR recognized only one thousand refugees from Burma. The number represents only a very small fraction of the total Burmese refugee populations in India. Over 50,000 Chin refugees are estimated to be currently taking shelter in Mizoram. Without legal protection, they risk frequent deportation to Burma. In July of this year, about 6,000 Chin refugees were forcibly repatriated to Burma. Again in August 2000, hundreds of Chin individuals and families were forcibly pushed back to Burma. Despite the compelling circumstances, UNHCR has said it has not considered advocating for establishing its presence in the Mizoram border.
Asylum seekers from Burma have persistently claimed the doubts that UNHCR staff have on them are preconceived and there is an inherent prejudice in the determination of their status. While the human rights situations in Chin State and in Burma as a whole suggest there are valid fear of persecution, UNHCR should reevaluate individual claims presented by asylum seekers without any prejudgment to ensure that those who have genuine fears for their lives are given legal protection and necessary assistance.

For more information contact:
Chin Human Rights Organization at
Ph: 510-5951872 or Ph/Fax: 613-234 2485
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India: Investigate Police Attack on Burmese Demonstrators

Human Rights Watch

(New York, December 2, 2003) — India should undertake a thorough and independent investigation of possible police abuses against Burmese refugees and asylum seekers during demonstrations on November 12-13 in New Delhi, Human Rights Watch said today. The government should also ensure that none of the refugees, including those who participated in the demonstrations, are forcibly returned to Burma, where they would likely face persecution.

On November 12, riot police used water cannons, electric batons, and canes to forcibly disperse a group of 500 Burmese nationals, many already recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), who were staging a protest outside the UNHCR office. Many had been protesting since October 20 the decision by UNHCR to cut its allowance for refugees in India from 1,400 rupees (U.S. $30) a month by as much as 60 percent in order to cut costs and promote “self reliance.”

At least 25 of the demonstrators were injured. Many of the injuries were severe, and included head and chest injuries, bruised backs and legs, and broken bones.

“There was no need for the police to use violence to break up a demonstration,” said Brad Adams, executive director of the Asia Division of Human Rights Watch. “It is disturbing that the world’s largest democracy would repress people who have already been victimized in their own country.”

On November 12, police officers detained several hundred protesters at four different police stations. Most were released that night. Twenty-four protesters were sent to Tihal Central Jail in New Delhi and charged with rioting and obstructing the police.

The New Delhi police commissioner declared a 30-day curfew effective November 12 in order to prohibit any gathering within 200 meters of the UNHCR office. On November 13, after more than 100 protesters gathered again in front of UNHCR, police officers arrested another 20 Burmese and sent them to Tihal Jail. In the days following the arrests, large numbers of protesters have continued to gather near the UNHCR office.

The UN Basic Principles on the Use of Force and Firearms provides that law enforcement officials shall, as far as possible, apply non-violent means before resorting to the use of force, and they may do so only if other means remain ineffective or without any promise of achieving the intended result.

Human Rights Watch urged the Indian government to investigate and prosecute or discipline as appropriate any police officer found to have used or authorized excessive force. The government must also ensure that those protestors charged with criminal offenses have access to legal counsel; those not charged should be released.

“India can demonstrate to these refugees that in a democracy the rule of law prevails even for the weakest,” said Adams.

Of the 42 demonstrators arrested and charged so far, two have been released on bail. According to UNHCR, 16 of the 44 are recognized by UNHCR as refugees under the 1951 Refugee Convention, and another 14 have cases that are pending.

UNHCR has recognized approximately 1,000 Burmese in New Delhi as refugees. The majority are ethnic Chin Christians from northwestern Burma, who fled to Mizoram state in India after the unrest in Burma in the mid-1990s. In recent years new refugee flows have been caused by arbitrary detention, torture, forced labor and religious persecution by the Burmese government, as well as ongoing warfare between government forces and the Chin National Army.

Indian Government Should Investigate Police Attack On Burmese Refugees
FORUM-ASIA (Asia Forum For Human Rights And Development)
For Immediate Release
Bangkok, 1 December 2003

The Asian Forum for Human Rights and Development (Forum-Asia) calls on the Indian Government to immediately launch an independent investigation into reports about police brutality in cracking down on Burmese refugees and asylum seekers during demonstrations on 12-13 November in New Delhi.

FORUM-ASIA has learnt that over 800 refugees and asylum seekers from Burma, peacefully demonstrating in front of the United Nations High Commissioner for Refugees (UNHCR) office in New Delhi for nearly four weeks to demand refugee status and humanitarian assistance, were brutally beaten, arrested and detained by Indian police.

Eyewitnesses reported that on 12 November at around 3 pm, about 200 riot police hosed the demonstrators with a water cannon and began brutally beating them with clubs. Dozens of protesters including women were seriously injured and several children fell unconscious due to the shock of the unexpected and sudden violence. At least 25 persons were taken to hospital for injuries, including serious injuries to the head and chest, severe eye burns from water cannon and broken bones. Later in the evening, the police arrested all demonstrators and incarcerated them at four different police stations.

On 13 November, after more than 100 protesters defied a 30-day curfew declared by the New Delhi Police Commissioner prohibiting any gathering within 200 meters of the UNHCR office, police arrested another 20 Burmese and sent them to Tihal Jail in the western suburbs of New Delhi.
Of the 42 demonstrators arrested and charged, two have been released on bail. According to the UNHCR, 16 of the 44 are recognized as refugees, and another 14 have cases that are pending. FORUM-ASIA is deeply concerned that those demonstrators detained at Tihar Jail are among the most seriously injured in the police violence. The detainees have been criminally charged with rioting, despite eyewitnesses report claiming that the police beat them unprovoked.

FORUM-ASIA stresses that the United Nations Basic Principles on the Use of Force and Firearms provides that law enforcement officials shall, as far as possible, apply non-violent means before resorting to the use of force, and they may do so only if other means remain ineffective or without any promise of achieving the intended result.

FORUM-ASIA urges the Indian government to investigate and prosecute or discipline as appropriate any police officer found to have used or authorized excessive force. The Indian Government must also ensure that those protestors charged with criminal offenses have access to legal counsel; those not charged should be released.

FORUM-ASIA is also deeply concerned that the Indian Government might eventually deport them to Burma where they will be in danger of persecution from the Burmese authorities. FORUM-ASIA calls on the UNHCR to take immediate steps to prevent detained refugees from being repatriated to Burma.
[ENDS] For further information or comments, contact:
Somchai Homlaor, Forum-Asia Secretary General, on +66-1-899 5476

India: The Situation of Burmese Refugees in New Delhi

Kavita Shukla
Refugee International

11/24/2003

Maung Maung is a refugee in India from the Chin State of Burma, where he had been active in student government at his university and had organized demonstrations against the military coup of 1988. After the Burmese junta came to power, it ordered the arrest of all student leaders. Fearing for his life, Maung Maung had no choice but to leave Burma in September 1988. He spent four years in the Indian state of Mizoram before coming to New Delhi in 1992. Due to recent changes in United Nations High Commissioner for Refugees (UNHCR) support, he and his family are finding life even more difficult.

India is not a signatory to the 1951 Refugee Convention and has no domestic legislation concerning refugees. Refugees in India are discriminated against based on their countries of origin. Tibetan and Sri Lankan refugees are granted special privileges, such as travel permits, refugee identity documents, educational scholarships, and fall under the aegis of the Government of India. Other refugees are not so fortunate, and in the absence of national refugee legislation are considered ordinary aliens.

The Government of India has allowed the UNHCR to exercise its mandate over nationals of a few countries, such as Burma and Afghanistan. While UNHCR in India works under constraints imposed by both the Government of India and its own headquarters, New Delhi is nonetheless host to the largest UNHCR-recognized urban refugee population in the world — about 15,000 people. The majority of these individuals are Afghans, but there are also about 1,000 Burmese who have been given refugee status by UNHCR. Those who have been recognized as refugees by UNHCR get residence permits but have no formal right to work or establish business in India. Nor do Indian authorities take any measures that would make it possible for the refugees to integrate with the Indian population.

For more than a decade, UNHCR provided for those it had given refugee status in India by giving them a monthly subsistence allowance to cover the cost of housing, food and daily needs of the refugees. The subsistence allowance consisted of 1,400 Rupees (about $30) per month for the head of each refugee family and 600 Rupees (about $13) for each dependent. In addition, UNHCR also provided an educational allowance, between 2,500 to 3,100 Rupees (about $55-$68) per month per child for all school expenses, a medical allowance and a travel allowance.

In recent times, cuts in UNHCR India’s budget have led to changes that have had a significant impact on the lives of Burmese refugees recognized by UNHCR.
Earlier this year, UNHCR began a program to phase out the subsistence allowance with the rationale that the refugees have the opportunity to find employment in the informal sector and have the potential for self-reliance. Burmese refugees have long pointed out that 1,400 Rupees has been an inadequate subsistence allowance in a city such as New Delhi where the rent for a one-room lodging alone exceeds 1,500 Rupees (about $33) and that the educational allowances have not been sufficient to cover the costs of fees, books, uniforms and transportation. As a result, children often drop out of school. The refugees believe that with the phase-out of the subsistence allowance, they are left with extremely limited options for survival in New Delhi.

UNHCR staff in New Delhi told Refugees International that India is the only country where refugees are given a subsistence allowance. They maintain that this practice has created dependence. The subsistence allowance has prevented the refugees from making sufficient efforts to integrate into the Indian society, learn local languages, or pick up skills. While making changes to the subsistence allowance program, UNHCR is also providing the refugees with computer, vocational and English and Hindi language training programs in order for them to acquire skills that would enable them to work in the informal sector.

According to many Burmese refugees, however, the UNHCR self-reliance schemes are laudable, but not sustainable. The Burmese refugees find the language and vocational trainings to be so basic that they do not provide the basis for self-reliance. They claim that even with basic training, they cannot work in India due to very high competition for jobs and a lack of work permits. Many Burmese refugees also complain of discrimination, harassment and difficulties in getting access to local markets or income-generating activities. According to several of the refugees, even when they have found jobs, they are asked to work 14-hour days and are paid less than their Indian co-workers. As UNHCR provides no job placements following the training, the refugees feel that the training is of little benefit.

Maung Maung is one of the Burmese refugees who are coming under increasing pressure to make ends meet as his subsistence allowance is being cut. Neither he nor his wife has been able to find a job, and their five-member family has been completely dependent on the UNHCR subsistence allowance since 1994. The family shares its one-room lodging with two asylum seekers who came from Burma to New Delhi and who have not received UNHCR recognition as refugees. Food for the seven people consists mainly of soup. Sometimes they collect discarded vegetables from the market to supplement their meals. Maung Maung’s son has had to drop out of school due to the cut in the subsistence allowance and Maung Maung fears that his family may soon have to vacate the room where they live because he will not be able to pay the 1,800 Rupee (about $39) monthly rent.

The Burmese in New Delhi have accused UNHCR of turning down the applications of the majority of those seeking refugee status since the middle of last year. They also say that UNHCR takes too long — from six months to more than a year — to process the applications of the asylum seekers and often does not review the application properly, rejecting those who fled Burma to escape persecution.

UNHCR counters these charges by maintaining that prior to May 2002, it received about 20 requests per month from Burmese asylum seekers, out of which 60% were recognized and 40% were rejected. But from May to July 2002, it received 600 applications from the Burmese. Due to this large increase in the volume of applications, UNHCR has been unable to process the applications at its former speed, and the entire review process has slowed down. UNHCR justifies its high rates of rejection in recent months by saying that it found many of the refugee claims to be lacking credibility and during interviews of the refugee status seekers, it became apparent that many claims were fabricated. UNHCR believes that increasing numbers of Burmese who have false claims are being drawn to New Delhi due to rumors that those granted refugee status by UNHCR in India can then resettle in a third country like the United States or Canada.

UNHCR acknowledges that living conditions for refugee status seekers, during the waiting period while the applications are being processed, are difficult because there is no financial support provided by the organization until a person receives refugee recognition. This has been the case for Pa Thang, who applied for refugee status in October 2003. Pa Thang is from the Chin state of Burma and was interviewed by RI during a recent visit to Mizoram in May. While in Burma, Pa Thang was accused by Burmese soldiers of having links with the Chin National Front, an ethnic resistance movement. He was tied up, blindfolded, and beaten severely with the butt of a soldier’s gun while held for two days.

Pa Thang managed to escape to India, but still has persistent back pain, making it difficult for him to find work. He came to New Delhi with his wife in Oct. 2003 and applied for refugee status with UNHCR. His interview with UNHCR has been scheduled for March 2004. With no source of income and no place to stay, Pa Thang will be dependent for the next five months upon the generosity of other refugees in New Delhi, who themselves are facing cuts in their subsistence allowances. With the arrival of more Burmese to New Delhi from Mizoram as a result of the push backs (see RI’s bulletin Forced Back: Burmese Chin Refugees in India in Danger), there is additional burden on recognized refugees to share whatever subsistence allowances they are getting with the newcomers.

Burmese refugees and refugee status seekers in New Delhi have held several protests outside UNHCR headquarters to demand continuation of the subsistence allowance, an increase in the allowance from the current maximum amount 1,400 Rupees, increases in the educational and medical allowances, and recognition of more asylum seekers. They have also said that if their demands cannot be met, they should be resettled in a third country, where they will have the opportunity to work. Meanwhile UNHCR considers resettlement a very limited option, and provides statistics that out of 20 million refugees worldwide, only 30,000 are resettled. According to UNHCR, resettlement is not the most appropriate durable solution for the Burmese in New Delhi. Resettlement is usually only considered when there is an issue of family reunification or a strong protection concern.

The most recent rounds of protests by the Burmese against the self-reliance scheme began on Oct. 20, 2003 when more than 400 refugees and refugee status seekers demonstrated outside the UNHCR office in New Delhi. The demonstrations continued until November 12, when Delhi police took action against the protesters and dispersed them by hitting them with wooden truncheons. About 400 of the demonstrators, some of whom were severely injured during the police action, were arrested. Later, the majority of them were released, but 45 refugees and refugee status seekers (including six women) continue to languish in a jail in New Delhi under charges of rioting and obstructing public servants in discharge of their functions, because they don’t have the money needed to pay bail.

Refugees International is sympathetic with UNHCR’s position that providing subsistence allowances indefinitely creates dependence. We believe, however, that conditions for self-reliance need to be created before the allowance is cut abruptly. Two critical steps in this direction would be to make the vocational education programs more substantive and to advocate with the Indian government officials to convince them to allow Burmese refugees to work legally in India. UNHCR also needs to speed up the processing time for Burmese asylum seekers

[Kavita Shukla is Advocacy Associate with Refugees International]

The Situation of Burmese Refugees in India
By Victor Biak Lian
Chin Human Rights Organization
Regional Conference on Protection for Refugees from Burma
Chiangmai University, Chiangmai, Thailand
Nov. 6-7, 2003

I am very pleased to have this opportunity of talking about the situation of refugees from Burma in India. I am equally pleased for this rare opportunity of highlighting the condition of the least acknowledged yet one of the most in need of attentions by the international community. When talking about Burma’s displaced persons one is easily drawn to the conditions of those who have been displaced by decades of civil war in the eastern border of the country. But very little attention has been paid to the condition of thousands of people who have been experiencing an equally difficult situation with that of people in Burma’s western frontiers. Burma shares its western borders with India and Bangladesh and much of that frontier is adjacent to India’s northeastern region.

It is estimated that well over 50,000 refugees from Burma are currently living in India. The continuing lack of adequate protection mechanism for Burmese refugees in India makes it impossible to more than estimate the number of Burmese refugees. This is because of the fact that except for those who are able to approach UNHCR in New Delhi for protection, the majority of Burmese refugees in India are afraid to identify themselves as refugees, although careful scrutiny of their circumstances clearly suggest that they could fall within the meaning of refugee definition.

Most of the refugees from Burma are ethic Chins and they are mainly concentrated in India’s northeastern province of Mizoram. After a sudden influx of refugees following the brutal suppression of the pro-democracy movement in 1998, thousands of Chins have fled their homes to escape repression and systematic violations of human rights in Burma. Currently, Mizoram alone houses at least 50,000 refugees from Burma, while a few thousand refugees are found in Manipur and other areas along the borders with Burma. Neither the Government of India nor the United Nations High Commissioner for Refugees in New Delhi has acknowledged the presence of Burmese refugees in the border areas. As of March 2003, only 1003 individuals have been recognized by UNHCR in New Delhi.[1]

The pattern of refugee exodus from Burma can be divided into two categories: Those fleeing to India in the immediate aftermath of 1988 and those who have crossed into India steadily since the early 1990ies to the present. The first category includes university students and youth who participated in the 1988 uprising and who subsequently fled to India to escape a brutal military crackdown. The second category includes ordinary civilians and villagers who fled various kinds of human rights violations in the form of arbitrary arrest, torture, forced labor and religious persecutions.[2] Chins are predominantly Christians and Burmese soldiers have destroyed Churches, arrested and tortured pastors and evangelists, and have routinely exacted forced labor from Christians to build Buddhist pagodas. Ongoing insurgency and counter-insurgency programs are also major factors for refugee flight from Chin State.

India’s attitudes towards Burmese refugees

India is not a signatory to the 1951 Convention Relating to the Status of Refugees or its related Protocol. While the Government of India initially quickly reacted to refugee outflow triggered by the 1988 uprising by setting up refugee camps for refugees identified in the first category, since 1992, it had withdrawn the camps and cancelled the provision of all humanitarian assistance to Burmese refugees. This dramatic policy reversion had considerably affected the lives of thousands and had increased the vulnerability of refugees to arrest and deportation to Burma.

On many occasions, India has forcibly returned Burmese refugees to Burma. In 2006, India extradited eleven Burmese army defectors some of whom were already recognized as ‘person of concern’ by UNHCR.[3] Due to the lack of legal protection for Burmese refugees in the border, they are easily identified as economic migrants.

Close cultural and linguistic similarity with the Mizos also allow the Chins to easily integrate into the local society, and thereby being able to acquire employment in low-paid job such as weaving industry and road construction etc. Chin refugees often try to keep a low profile of their presence by getting absorbed into local Mizo communities to avoid being identified as “foreigners” or illegal immigrants. While they attempt to keep down visibility among the local populations, they often become particular target of scapegoats for local political parties in times of provincial legislative elections. In 2000, Mizoram authorities forcibly repatriated hundreds of Chin refugees to Burma. Out of hundreds of returnees, at least 87 people were reported to have been arrested and sent to forced labor camps in Burma.[4]

Again in March 2002, the Young Mizo Association, a broad-based social organization ordered the eviction of Chin refugees in Lunglei District, leaving at least 5000 Chin refugee families homeless. Since July 19, 2003, in response to a rape incident in which a Burmese national was alleged to be responsible, the Young Mizo Association started to evict thousands of Chin refugees from their houses in Mizoram. The eviction, which is still ongoing, has resulted in the forced return of over 6000 Chin refugees to Burma.[5]  This latest drive of expulsion of Chin refugees is particularly alarming given that both the local communities under direction from the Young Mizo Association and Mizoram authorities have cooperated in evicting and sending back Chin refugees to Burma.

India has still not shown interest in the protection of Burmese refugees. Instead its primary interest since mid 1990s has been to build friendly relations with the military regime of Burma. The obvious consequence of increasing friendly relations between the two countries is that it creates a deep sense of insecurity and vulnerability among the Burmese refugees in India.

The role of UNHCR

UNHCR in New Delhi currently has about one thousand recognized Burmese refugees. This means that only a small fraction of Burmese refugee in India enjoy legal protection in India. Even those who have been recognized as refugees find themselves in precarious situations in New Delhi. UNHCR has provided a monthly financial assistance of Rs.1400 (About 30$) to recognized refugees. However, since March of 2003, UNHCR has cut financial assistance to many refugees saying that the provision of assistance to Burmese refugees has deterred them from seeking means of self-reliance, and that the termination of assistance to old refugees will accommodate new arrivals. Burmese refugees are already living in precarious conditions and it is predictable that they will encounter an even more serious problem once the full termination of their assistance took effect. The Indian authorities have issued them with residence permits, but denial of work permits makes any attempt at self-reliance almost impossible and illegal.

Refugees who have been recognized by UNHCR in New Delhi are treated as urban refugees. And the policy of UNHCR on urban refugees in India generally presumes that refugees can easily integrate themselves into local communities. Local integration is a term that implies that refugees are able to find safety, both physical protection and social integration into the local communities. This has not worked for urban refugees, especially refugees from Burma who for reasons of cultural, religious and linguistic differences have made them unable to achieve local integration. UNHCR in New Delhi hasn’t accepted ‘third resettlement’ as part of its strategy to find durable solution to refugee problem. Neither has it acknowledged its failure with regards to the policies of trying to achieve durable solution through local integration for Burmese refugees. In fact, most Burmese refugees are unskilled and cannot speak the local language, and therefore cannot simple find employment in India where there are already millions of unemployed people.

UNHCR Headquarters in Geneva has said it has not considered advocating for establishment of its presence in the border.[6] This is disturbing given that there are well over 50,000 Chin refugees in Mizoram who are in desperate need of protection.
There are about 400 Chin and Kachin refugees who are protesting in front of UNHCR office in Delhi for 14 consecutive days, demanding for two things. One is to recognize those whose application for refugee status had been turned down. Second is to resettle into third countries. However, UNHCR officials had not response until today instead they call local police to arrest them. When police intervene, kicking, punching, arrest followed and take them away from the office.

In conclusion, there is an urgent need of greater international attention to the conditions of Burmese refugees in India. Protection mechanism needs to be in place for refugees from Burma who take shelter in Mizoram. This will only be possible if UNHCR assumes greater role in the protection of Burmese refugees by advocating for establishment of its presence in the border. India should positively respond by allowing UNHCR access to the border areas and by issuing work permits to Burmese refugees.

The need for humanitarian and relief assistance to refugees in the border areas is no less important. Governments and international donor organizations should seriously look into the possibility of channeling assistance to the most vulnerable and most needy persons in Mizoram. Since evictions started in Mizoram in 2003, nearly two hundred refugees from Burma had gathered in at least two rural villages whose residents have been very sympathetic to the plights Burmese refugees as to provide them with food and shelters. These villages could serve as a jumpstart for providing humanitarian assistance to refugees in the border areas.

Thank you.

[1] UNHCR’s Chief of Mission Lennart Kotsalainen’s letter to the Nordic Burma Support Groups, 3 March 2003, New Delhi
[2] More information on human rights situations in Chin State is available at www.chro.org
[3] In 1996, six Burmese soldiers from an army battalion based in Chin State defected to the Chin National Army. They later approached the UNHCR in New Delhi and were subsequently recognized as refugees. A high ranking Indian intelligence officer was identified as being responsible for their extradition. Some of the defectors were reportedly executed in Burma.
[4] Amnesty International: PUBLIC AI Index: ASA 20/40/00 UA 234/00 Possible forcible return of asylum-seekers 8 August 2000
[5] Rhododendron Vol. VI No III. July-August. www.chro.org
[6]  In a meeting with CHRO’s representative on July 18, 2003, Burma Desk Officer at UNHCR Headquarters in Geneva made it clear that the Office of UNNCR has no intention to advocate for establishing a presence in the India-Burma border.

 

Rhododendron News

Volume VI. No VI. September-October 2003

Chin Human Rights Organization

 

CONTENTS:

Editorial: Waiting for Change for 15 years

Human Rights:

• Land Confiscated to Build Military Base

• Villagers Forced to Repair Army Camp

• Crackdown on NLD Forced Suu Kyi’s Supporters into Exile

 

Refugees:

• Burmese Refugees Protesters Arrested in India

 

Press Release & Statements:

• CHRO: The Burmese Generals are lying to The World

• Statement by Pu Lian Uk (MP Elect-Haka Constitency) Regarding USDA Rally in Haka

• CHRO’s Statement to the United States Congressional Hearing on Burma

 

Editorial:WAITING FOR CHANGE FOR 15 YEARS

 

 

September 18, 2003 marks 15th anniversary of the military coup in Burma. Fifteen years ago on this day, the military junta that called itself the State Law and Order Restoration Council SLORC came to power by killing thousands of innocent civilians who demanded the restoration of democracy and human rights in Burma. When the SLORC took state power, they promised to the whole world that for the first in almost thirty years, they’d allow political parties to exist who could freely participate in general elections. They promised the transfer of power to the winning party. The junta, having gained notoriety the world over for butchering thousands of peaceful demonstrators on its way to power, repeatedly assured the world that they would go back to the barrack after transferring state power to the winning political party in the general election. As promised, political parties were formed, elections were held but the junta shamelessly broke its promise by not recognizing the result of the elections.

 

It’s been 15 years that the people of Burma, including the Chin people have been patiently waiting for change, and 13 years have already elapsed since the Chin people along with the whole country expressed their desire for a peaceful democratic change by voting in a fair democratic election in 1990. After 15 years, the very same junta that vowed to honor the election result has not retreated to the barrack and is still controlling the rein of power against the wills of the people.

 

It seems that transferring power to the winning political party is still not in the agenda of the ruling military junta, renamed since 1997 as the State Peace and Development Council. Currently there are about 35 elected MPs in jail along with 1,300 political prisoners in Burma! Many more elected Parliamentarians including 3 Chin MPs have fled the country in fear of persecutions. At least two of the 13 Chin MP elects have served long term jail sentence. The junta has also banned all of the major political parties representing the people of Chin State.

 

A humanitarian side of military’s misrule, there are about 200,000 refugees (most of them are Karen, Karenni, Mon and Shan) in Thailand and there are well over 50,000 Chin refugees in India. It is estimated that about one million people are internally displaced in Burma, and most of them, again, are non-Burman ethnic nationalities. Burma’s most valuable resource, young generations have been denied the right to education as the country’s higher education institutions have been shut down for most of the past one and a-half decade.

 

Since 1994, the United Nations has passed resolutions to resolutions condemning the Burmese military junta’s abysmal human rights record. The International Labor Organization had imposed sanction on Burma for its world’s record-breaking practice of forced labor. The United Nations Special Rapporteur on Human Rights was forced to cut short his investigative visit to Burma in March 2003 after discovering a listening device in a room where he was interviewing political prisoners. The Malaysian diplomat Razali, the United Nations Special Envoy’s marathon trips to Burma have so far produced no tangible results and his 11th round of his efforts to facilitate national reconciliation and political liberalization promises no solution in sight. As a matter of basic principle, the United Nations, since 1994, has called for a tripartite dialogue; one that include the military junta, the National League for Democracy, the winning party of the 1990 elections headed by Aung San Suu Kyi and representatives of Burma’s ethnic people. Burma’s generals have not heeded the opinions of the international community and have continued their efforts to cling to power however they can. Secretary of State Collin Powel of the United States called them “thugs” in his op-ed in the New York Times, a term that most suits Burma’s ruling generals.

 

The policy of free enterprise, envisions the junta, will bring Burma to prosperity and development. But its version of an open market system has not been as fruitful as the generals have expected. The failure of Visit Myanmar Year, a desperate attempt on the part of the general to woo tourists and foreign investment, and the collapse of banking sector in 2002 clearly suggest that the junta is incapable of making any kind of positive reform. An interesting fact is that almost 60 giant foreign companies have withdrawn from Burma in the last decade. They say there is no way businesses can function in Burma without supporting the military junta which has been accused of widespread human rights abuses. Meanwhile, under tight control of the regime, textile companies are booming in Burma. But the passage of Burmese Freedom and Democracy Acts of 2003, an economic embargo recently imposed by one of Burma’s largest garment importing country, United States has already thrown most of such companies out of business. The question now arises “when will the Generals in Burma learn that justice, peace, and development are inter-related?”

 

After fifteen years, the junta Intelligence Chief, recently named Prime Minister of the ruling SPDC made another vow. Unlike when the junta took over power 15 years ago, the recent promise made no mention of whether the army would go back to barrack. Interestingly, General Khin Ngunt proposed the so-called roadmap to democracy outlining his vision to bring Burma to a new developed modern state. The roadmap does not mention the roles of Aung San Suu Kyi or the NLD or the ethnic representatives, nor does it incorporate basic principles that have been espoused by the United Nations. Nevertheless, the junta, armed with unrestrained power to intimidate its people, has been forcing people across Burma, including Chin people, to show their support for the roadmap.

 

Perhaps most disappointing for the 52 million people of Burma is that the junta which has been terrorizing them for almost two decades was praised by its regional ally, ASEAN in its recent meeting in the Indonesian island of Bali. In fact, the ASEAN’s constructive engagement itself is a failure from the very beginning. It is time for ASEAN and our big neighbors China and India to synchronize with the European Union, United States and Canada in pressuring the Burmese military thugs to move toward a democratic change in in order to restore peace, stability and economic prosperity in the region.

 

HUMAN RIGHTS

 

LANDS CONFISCATED TO BUILD MILITARY BASE

20 August 2003: The expansion of two new Burmese army battalions in Chin State is taking a heavy toll on the local populations. Commander of infantry battalion based in the southern Chin State town of Mindat, has ordered confiscation of nearly 1000 acres of land from residents of Matupi town. The confiscated lands will be used to build bases for Light Infantry Battalions 104 and 105, which have recently been deployed in the area. The order to confiscate lands took effect on June 20, 2003.

 

To carry out the task of building the new army bases, members of the Village Peace and Development Council have been assigned different responsibilities, according to a local man whose land was also confiscated by the authorities.

 

The land confiscation has affected the livelihood of about 80 households whose primary means of survival depend on cultivating the confiscated lands. Military authorities are not giving any compensation to the affected households. The confiscated lands represent the very backbone of the economy of this relatively self-sufficient town of Matupi. The lands had been used for horticulture, fish and cattle farming.

 

The new army bases will now encompass 550 acres of horticultural land and about 200 acres of lands of fish and cattle farms and grazing areas.

 

VILLAGERS FORCED TO REPAIR ARMY CAMP

10 August 2003: Chin villagers in the vicinity of Lailenpi, Matupi Township were forced to repair an army camp from August 2 to 10, headman of a nearby village told CHRO. Captain Myo Zaw Htun, commander of company 4 of Light Infantry Battalion 274 stationed at Lailenpi village, ordered six villages in his jurisdiction to contribute forced labor to repair the army camp.

 

The order stipulated that six villagers from each village tracts ‘volunteer’ for the construction of the army camp. The village tracts include Lailenpi, Tongbu, Satu, Sakhai, Tisi and Zisi. A total of 36 villagers were compelled to contribute unpaid labor for nine consecutive days. They order also warned that if the task was not completed within nine days, 30 additional villagers from each village tract will be asked to participate in the forced labor.

 

Forced laborers were required to supply themselves with rations and equipments and were not paid a penny for their labor. In addition, each village tract was made to supply 300 twigs for fencing, 3000 round bamboos and 50 pointed bamboo sticks for repairing the army camp at Lentlang.

 

CRACKDOWN ON NLD FORCED SUU KYI’S SUPPORTERS INTO EXILE

[ Aung San Suu Kyi visited Chin State in April of 2003 and the Chin people everywhere warmly welcomed her despite the fact that authorities had threatened them with severe consequences if they participated in welcoming Aung San Suu Kyi. Below is an interview of 10 members from Matupi town who participated in preparing the arrival of Aung San Suu Kyi to their town. Due to their roles in preparing for Suu Kyi’s visit in Matupi, they were sought for arrest by the Burmese army. They are now seeking asylum at the United Nations High Commissioner for Refugees office in New Delhi, India.]

 

1. Name: B.L Thang

Age : 37 years old

Birth place : Matupi

Religion : Christian

Sex : Male

Ethnic group : Chin

Marital status : Married

Occupation : Assistant Secretary ( National League For Democracy )

 

2 . Name: Ling Ma

Age : 47 years

Birth place : Matupi

Religion : Christian

Sex : Male

Ethnic group : Chin

Marital status : Married

Occupation : Member ( NLD )

 

3. Name: Mai Hei

Age : 39

Birth Place: Matupi

Religion: Christian

Sex: Male

Ethnic group: Chin

Marital status: Married

Occupation: NLD member

 

4. Name: David Luai

Age: 33 years

Birth Place: Matupi

Religion: Christian

Sex: Male

Ethnic group: Chin

Marital status: Married

Occupation: Member ( NLD )

 

5. Name: Pu Lawng Pan

Age: 68 years

Birth Place: Matupi

Religion: Christian

Sex: Male

Ethnic group: Chin

Occupation: NLD Member

 

6. Name: Khing Sai

Age: 35

Birth Place: Matupi

Religion: Christian

Sex: Male

Ethnic group: Chin

Marital status: Married

Occupation: Incharge of Culture Department ( NLD )

 

7. Name : Ba Hu ( Myo Chit )

Age: 28 years

Place of Birth: Matupi

Religion: Christian

Sex: Male

Marital status: Single

Occupation: Student ( University of Mandalay )

 

 

8. Name: Mang Luan

Age: 25 years

Place of Birth: Matupi

Religion: Christian

Sex: Male

Marital status: Single

Occupation: Student

 

9. Name: Nga La

Age: 30 years

Place of Birth: Matupi

Religion: Christian

Sex: Male

Marital status: Single

Occupation: Student

 

10. Name: U Thang Ceu

Age: 60 years

Place of Birth: Matupi

Religion: Christian

Sex: Male

Marital status: Married

Occupation: EC Member ( NLD )

 

CHRO 1. Why did you leave Burma?

The opposition leader, Daw Aung San Su Kyi was scheduled to come to Matupi on 9th April, 2003 and the NLD party together with Matupi Student Union announced the forthcoming arrival of Daw Aung San Su Kyi to the public and told them to welcome her and listen to the speech made by her. The NLD party and Matupi Student Union (MSU) were the two parties that should made avail of everything needed by Aung San Suu Kyi and her group during their stay in Matupi.

She was to come on 9th of April but because of the disturbance of the military government, she could not come on that day and had to stay at Thilin for one day and on the next day, she arrived to Matupi at 1: 30 PM on 10th April,2003. There were 6 people along with her and they came by two cars.

At the instant, the government also organized a group that would destroy whatever plans we made for her arrival. The people that were included in a group by the government are

1. U Min Zaw ( Member of Block Peace and Development Council )

2. U Za Thi ( Secretary, Township Peace and Development Council)

3. U Cang Va (Immigration Officer )

4. U Tun Sein ( Township Law and Justice Officer )

5. Dr.Ro Uk ( Township Health Officer )

6. Name ( unknown ) ( Education officer )

 

That group always investigated what we did, where we lived and what we planned and reported back to Military Intelligence. The government also gave the warning notice that no one would welcome Daw Aung San Su Kyi.

 

Just before the arrival of Aung San Suu Kyi, the military Government sent Thura Aye Myint, the Sport Minister of SPDC to Matupi. He gathered the representatives from various groups, organizations and Churches except NLD party and Matupi Student Union and gave them Ks.50,000 each and the second-hand clothing. At the mean time, he told them that no one would welcome Daw Aung San Su Kyi and her party. When the NLD party and M.S.U came to know about this, they persuaded the public to welcome her no matter what. When the government knew about our effort, they collected the names of the members of NLD and MSU secretly.

 

Daw Aung San Su Kyi got Matupi on 10th April and on the very same day the deputy Minister of Religion Thura Aung Ko arrived too. There were only 28 people to welcome him as all the people went to welcome Daw Aung San Su Kyi. As per the plan, they told the public to welcome Thura Aung Ko and when they saw only very few people they were greatly annoyed and they made a plan to arrest the members of NLD and MSU who were involved in persuading the public to welcome Daw Aung San Su Kyi.

 

As soon as she arrived in Matupi, all the pastors made the mass prayer and they went to NLD office and made the ceremony of re-opening of NLD office. Then she gave the speech to the public. While she was giving the speech, the military junta cut all the power and telephone lines. At first, we announced that no one would take video and photos the occasion as it would later make harm to the people seen in the video by the junta. When we saw three people taking the video of the event, the steward duty snatched that video camera and kept the video camera at the NLD office. Later, the Military Intelligence claimed that the cameras were of them and accused us of stealing their cameras. Regarding about this there is big problem between us and they did not give chance to explain the fact. After the speech Daw Aung San Su Kyi continued her trip to Mindat at 4:30 Pm on the same day.

 

After the skirmish between the pro-junta and the followers of Daw Aung San Su Kyi at Depeyin on May 30, the sixth people group organized by the junta called eight EC members of NLD on June 2 and threatened us to close down the NLD office in Matupi. After that threat, we closed the NLD office.

 

Then on 4th June 2003 at 12:00 pm the military government issued the order to arrest those who were involved in arranging the welcoming of Daw Aung San Su Kyi and her party. On that night the secretary of NLD, Pu Aung Thang, youth security president of NLD, U Thla Mu and the president of MSU, Salai Pa Thang were arrested. On the next morning, they were sent to Mandalay. On June 17th 2003, they were given the 10 years sentence each. Nobody knows about them since then.

CHRO 2 How did you know your arrest and how did you manage to flee from them?

 

After we knew that the above three people were arrested, all the people who were involved in the welcoming activities of Daw Aung San Su Kyi hided in the forest. On the next night, the soldiers and police came to our respective houses to arrest us. The police and soldiers who came were Hung Thang (Police Officer), Van Kung ( Police ) , U Ki Tung ( Police Officer ) and the rest were other five Burmese soldiers. They took all the national identification cards and ration cards and our wives were told to come and sign at the police office on every one month since we were not there when they came to arrest us. And they also told our wives that they could arrest and send them to jail instead of us whenever they like. They took advantage of our absence and asked money frequently and if they didn’t have to give, they got them to borrow from others.

CHRO 3. How did you came to India?

 

India is the nearest neighboring country from Burma and the largest democracy country in the world and we took that it would be the safest place for us. We set froth from Matupi to Lehring, then Sakhing, then Bava, then Darling and then Sapi . Sapi is the Mizoram state of India. Then we again went to Tuipang and then to Lawngtlai. Then from Lawngtlai to Aizawl. From Aizawl to Gawahati and the last destination is New Delhi. All of us who fled to New Delhi are ten altogether.

CHRO 4. How do you survive in New Delhi?

 

NLD (LA) (Exile) gives us Rs.500 each and we get Rs.5000 from them. We give Rs.2000 for renting a room and Rs.800 for water and electricity bill and the remaining Rs 2200 for food. It is not enough for us to survive and we collected the unwanted vegetables thrown in the market place at nights. Now we are applying refugee status from UNHCR in New Delhi.

 

REFUGEES

 

BURMESE REFUGEES PROTESTERS ARRESTED IN INDIA

 

Chinland Guardian

24 October, 03

By Salai Za Ceu Lian

Over 400 political refugees from Burma who have been gathering in front of United Nations High Commissioner for Refugees (UNHCR) office in Delhi, India to protest denial of their refugee claims today enter their fifth day, despite arrest and continued harassment from local Indian authorities.

The protesters include members of recognized refugees who say their petty monthly Subsistence Allowance has been arbitrarily reduced or terminated by UNHCR, and a high number of asylum seekers who are asking protection from the United Nations refugee agency. Many refugees are also asking that they be resettled to a third country in light of the failure of UNHCR to provide them adequate protection and humanitarian assistance in India.

 

Reports say that last night local Indian police arrested and incarcerated at least 150 protesters. But Chinland Guardian has learnt that all detainees have now been released and many detainees claim they were physically mistreated and assaulted during detention. The protesters say officials of UNHCR have called in the police to dissuade them from continuing their protest against the Office, an allegation that has been confirmed to be true in the past.

 

The protest, the refugees say, is a result of arbitrary policies of UNHCR office in New Delhi, which have cornered Burmese refugees to intolerable inhumane conditions. While the agency has partially or entirely terminated the monthly assistance that has been provided to Burmese refugees, it has also rejected hundreds of new refugee applicants on the ground that UNHCR is facing financial constraints and that the claims asserted by Burmese asylum seekers are not credible. This, the refugees strongly disagree. They point out that because of the preconceived suspicion UNHCR personnel have on the motive of the asylum seekers, many refugees were not even asked questions that are relevant to their clams during their interviews. One refugee whose application for refugee status was rejected say that in his interview, he was asked whether was has ever ridden a horse or an elephant, a question he feels is neither relevant to his claim for refugees nor to UNHCR criteria which govern refugee recognition. Many refugees also claim that the interviewing officers often use methods to intimidate them during the interview, hampering the refugee’s ability to say what they want.

 

For those who have been recognized as refugees, a monthly Subsistence Allowance or SA, Rs.1400 is the only source of income they rely on to survive in New Delhi. Under the policy of “Self-reliance program for urban refugees” introduced since 2001, UNHCR has stopped providing assistance to many Burmese refugees. As part of this program, UNHCR has encouraged refugees to take vocational trainings so that they could start seeking means of self-sufficiency. It says providing humanitarian assistance to Burmese refugees has deterred them from making effort to seek self-reliance. UNHCR says that vocational trainings will help urban refugee to get employment in the informal sector. Local NGOs helping the Burmese refugees are strongly skeptical about the practicability of this position. They argue that since Burmese refugees are not legally permitted to work in India they will have no use of their skills, let alone the fact that there are millions of unemployed people in India.

 

Burmese refugees say they are fighting for their basic survival as human beings. UNHCR is insisting that Burmese refugees can work in informal sector of employment, which in essence is driving the refugees to illegality in the absence of legal work permit from the government of India. If any irony exists, it would be that the agency of the United Nations is enforcing illegality.

 

 

PRESS RELEASE & STATEMENTS

Chin Human Rights Organization

Press Release

October 20, 2003

THE BURMESE GENERALS ARE LYING TO THE WORLD

SPDC and USDA Forcibly Rally Thousands of Chin People against Their Wills in Support of Gen. Khin Ngunt Seven Points “Roadmap to Democracy”

 

 

The Chin Human Rights Organization deeply deplores and condemns the act of State Peace and Development Council SPDC and it’s henchman-organization Union Solidarity and Development Association USDA for forcing the Chin people against their wills to rally in supports of “Gen. Khin Ngunt’s seven point roadmap to democracy” in Haka, the capital of Chin state on October 16, 2003.

Chin Human Rights Organization have confirmed that all the students and government employee in Haka were forced to attend the rally threatening that any one who refuse to participate in the rally will be expelled from their school or their job. All major towns in Chin states such as Falam, Matupi, Mindat, Thantlang, Tiddim, and Tonzang are compelled to send representatives to participate in the rally. Furthermore, residents of Haka town and nearby villages were forced to send one person per household to attend the rally. Any household that fails to attend the rally is subject to fine 1,000 Kyats and necessary punishment by higher authority (Kyat is Burmese currency). Those who participate in the rally are divided into three columns, and each column had to wear the Burmese traditional dress in uniform.

 

On October 17, 2003 the SPDC’s newspaper New Light of Myanmar covered the story of forced-rally in Haka under the title of “Mass rally held in Chin State to support Prime Minister’s clarification on seven-point political roadmap”. The newspaper deliberately tried to deceive the readers by attacking the pro-democracy opposition party and praising the achievements of the military junta. The junta’s newspaper printed in Rangoon was unable to spell correctly all the names of the Chin individuals mentioned in their story.

 

Under the Burmese military junta, the Chin people are suffering rampant human rights violations such as religious persecutions, forced labor, arbitrarily arrest, torture and abuse against women which resulted thousands of Chin to flee from their home countries.

 

In fact, the Chin people a long with the whole Burma have expressed their wills to democratic change in 1988 by protesting against the Burmese Socialist Program Party BSPP even in the smallest village in Chin state. Again in 1990 general election in Burma, the Chin peoples showed their wills to democratic change by decisively voting for pro-democracy candidates in Chin states and Burma as a whole. In April 2003, while Aung San Suu Kyi was visiting Chin state, ten of thousands of Chin people greeted her in spite of the Junta’s threatening the local people that those who meet Aung San Suu Kyi will be severely punished.

 

The rally organized by USDA under the guidance of SPDC in Haka, Chin state on October 16, clearly depicted that Burmese military junta called State Peace and Development Council is trying to consolidate its hold on power by deceiving the whole world that the people of Burma supported their illegal leadership.

 

The United Nations and the international community at large have in the past consistently deplored the systematic violations of human rights in Burma, and have repeatedly called on the ruling military regime to show respect for human rights in the country. However, the fact that the military regime has continued to violate human rights in defiance of international opinion shows that the time has come for such rhetoric to be translated into concrete actions on the part of the international community.

 

Chin Human Rights Organization

www.chro.org

 

For More information please contact: Salai Bawi Lian Mang, Director, CHRO

at 510 595 1872

 

STATEMENT BY PU LIAN UK (MP ELECT-HAKA CONSTITENCY) REGARDING USDA RALLY IN HAKA

October 18, 2003

Washington DC

The rally, entitled as “- A mass rally, organized by the Union Solidarity and Development Association, held in support of the Prime Minister’s clarification on seven policies and programmes of the State (roadmap) in Vamthu Maung Sports Garden in Haka, Chin State” and published in the New Light of Burma from YANGON, 17 Oct ,2003 was a big lie of the Burmese Generals to deceive the world.

 

The rally was a repetition of the exact procedure how the illegitimate “Constitution of Socialist Republic of the Union of Burma 1974 , was adopted in false referendum by forcing the people at gun point to vote in support of the constitution in this way.

 

All those who read and gave speeches in the rally were all government servants now or before who would be not only expelled from their job but arrested, tortured and jailed if they refuse to read this pretended support in fear of the military arrest and torture.

 

The whole Chin population as a Christian State who practice democracy in their Christian religious institutions are in full support of democracy and federal form of the Union constitution in which Chin State could join the federal Union as a conststituent state of the federal Union.

 

This was clearly shown by the population rejecting to vote the Generals-supported-candidate Pu Van Kulh, Ex Colonel and Minister of Social Welfare in the Cabinet of the late dictator General Ne Win and Member of State Council under the socialist constitution 1974, Member of politburo of Burma Socialist Program Party(BSPP) / National Unity Party(NUP) and voted me for their representative as a Member of parliament in the 1990 Burma general election.

 

This assembly and rally clearly showed how the generals are trying to lie blatantly to the world. Their stupid trick cannot be hidden and the world is on the side of the Chin population and the democratic forces of the Union led by Daw Aung San Suu Kyi.

 

The generals by trying to lie the world in this way are certainly digging their own pit-fall into which they would fall not before long.

 

Not only that they forced them to lie at gun point, the buildings shown in this article also are all to lie as if the buildings here are in the Chin State. The buildings shown in the picture in that news paper with the article there are in Burma proper, not the buildings in the Chin State. There have not been such a single building like these modern building structure in the Chin State as it has been neglected to establish even the infrastructure to minimally develop the state within the period of the military rule.

 

Lian Uk,

Member of Parliament Elect

Haka Constituency, the capital of the Chin State

Now in political exile, USA

 

STATEMENT OF CHIN HUMAN RIGHTS ORGANIZATION

To

COMMITTEE ON INTERNATIONAL RELATIONS

U.S. HOUSE OF REPRESENTATIVES

WASHINGTON, D.C. 20515

JOINT SUBCOMMITTEE HEARING

SUBCOMMITTEE ON INTERNATIONAL TERRORISM, NONPROLIFERATION AND HUMAN RIGHTS

Elton Gallegly, Chairman

and

SUBCOMMITTEE ON ASIA AND THE PACIFIC

James Leach, Chairman

SUBJECT: Human Rights in Burma: Fifteen Years Post Military Coup

 

WITNESSES: Panel I

 

 

The Honorable Lorne W. Craner, Assistant Secretary Bureau of Democracy, Human Rights and Labor, U.S. Department of State

Mr. Matthew Daley, Deputy Assistant Secretary, Bureau of East Asian and Pacific Affairs, U.S. Department of State

 

 

October 1, 2003

 

 

The Chin Human Rights Organization is an independent non-governmental human rights organization. We aim to protect and promote human rights among the Chin people, and to contribute to the movement for the restoration of democracy and human rights in Burma. Founded in 1995, CHRO has worked to document the human rights situations of the Chin people in Burma’s western region. CHRO’s reports have been cited by the US State Department, Amnesty International and the International Labor Organization.

 

CHRO wishes to express its gratitude for the opportunity to deliver this submission to this important hearing. The United States has always been at the forefront of support for democracy and human rights in Burma. We are grateful for the State Department’s annual reports on International Religious Freedom on Burma, which have been highlighting the suffering of persecuted religious minorities. In addition, CHRO considers the promulgation of Burmese Freedom and Democracy Act of 2003 a very important impetus for the achievement of democracy and human rights in Burma.

 

Despite recent cosmetic changes that have taken place in Rangoon, human rights conditions among Burma’s ethnic people, including the Chin people continue to remain a matter of grave concern. In fact, human rights conditions of the Chin people have become worse and the number of displaced persons and refugees has increased in recent years. Until the incident of May 30 in which the regime launched an orchestrated campaign of terror and violence against the NLD, the regime has enjoyed international praise for ‘progress’ it has made in initiating national reconciliation. However, this has not been accompanied by a parallel improvement in the areas of human rights. Under the reign of the State Peace and Development Council, the Chin people have continued to experience untold miseries and hardships as a result of the systematic abuse of their fundamental human rights.

There is a direct link between the growing abuse against the Chin people and the increase in militarization of the Chin areas. In the last fifteen years since the regime took over power, the number of army battalions stationed in Chin State has increased up to 10 times. This increase has been accompanied by the rapid acceleration in the level of human rights abuses across Chin State. The kind of human rights violations suffered by the Chins today are the same as those that have been extensively reported among ethnic Karen, Shan, and Karenni on the eastern border. These violations manifest in the forms of arbitrary arrest and detention, forced labor, torture, rape and extrajudicial executions. Moreover, the overwhelming percentage of Christians among the Chin people has also brought abuses in the form of religious persecution. Today, religious persecution is a matter of primary concern among the Chin people. Since 1999, the US State Department has singled out Burma as a country that systematically violates religious freedom.[1] The annual reports have cited a significant amount of cases of religious persecution involving the Chin people.

 

 

Religious Persecution

Religious persecution poses a matter of grave concern among the Chin people. Chin Human Rights Organization, since 1995, has documented a range of human rights abuses by the military regime against the Chin people, including violations of religious freedom.

 

Christian religion has deep root in the Chin society. Since the first Chin conversion in the late 1900 following the arrival of American Baptist missionaries to the Chin Hills, Christianity gradually became accepted by a large majority of the Chin populations, who had practiced traditional animism for centuries. After a century since then, Christianity now is second culture for many Chin people.[2] Chin people today claim that more than 90 percent of Chins are Christians. Because of the overwhelming importance of Christianity among the Chins, the junta, which strongly identifies itself with Buddhism and has been preoccupied with building national unity has been trying to promote Buddhism over Christianity in Chin State with the belief that once the Chins are converted to Buddhism they can be easily subjugated. For this reason, the regime has resorted to persecuting the Chins, a drastic action that involves arbitrarily removing Christian crosses erected by churches on hilltops throughout Chin State and openly directing and supporting coerced conversions of Christians into Buddhism. The regime has also destroyed several Church buildings. For example on February 20, 2000, Captain Khin Maung Myint ordered the destruction of a Chin Christian Church at Min Tha village in Tamu Township of Magwe Division, an area mostly populated by the Chins and is adjacent to the Chin State. In the same township on July 13, 2001, the same army officer forced villagers to destroy a United Pentecostal Church in Ton Kyaw village. Captain Khin Maung Myint gave similar order to destroy an Assembly of God Church building in Chauk Nat Kyi village in Tamu Township.[3]

 

 

Through the Hill Buddhist Mission, a program directly sponsored by the military regime, Buddhist monks have migrated to the Chin State. In every town and major villages in Chin State, the regime has established a Buddhist pagoda and station monks who are closely working with local army battalions. Buddhist pagodas are often built in places where Christian monuments such as crosses have formerly stood, and Christians have been either forced to donate money or forced to build the pagodas.[4]

 

 

The regime is putting close scrutiny on preachers and evangelists, and in many instances has made effort to censor the contents of sermons delivered by Christian pastors and ministers. Citing the risk of security, authorities have either not permitted or arbitrarily set the number of people who could attend religious festivals and conferences. Moreover, the regime has still not permitted the printing and publication of Bibles, forcing Chin Christians to quietly bringing Bibles from abroad. In several instances, army authorities have confiscated Chin-language Bibles imported from India, and burnt or destroyed them.[5] Construction of new church buildings is prohibited and Christians must obtain prior authorization for even renovation of church buildings. These are all in stark contrast to the freedoms enjoyed by monks and Buddhists whose activities are openly supported, and encouraged by authorities. Several reports documented by CHRO show that army patrols have deliberately used Church compounds for shelter and camps, and have purposefully disturbed Church services by entering into churches during Sunday worship services.

 

 

The regime has also targeted Christian leaders by falsely implicating and accusing them of supporting anti-government groups, and has jailed and tortured many pastors. Pastor Grace, a woman Baptist minister was accused of providing accommodation to Chin rebels and sentenced to 2 years in prison with hard labor in 2001.[6] In remote villages and other rural areas in Chin State, army units on patrols have frequently mistreated, assaulted and tortured Christian pastors.

 

Coerced conversions of Christian families and children have also been reported in several parts of Chin State. Those who convert to Buddhism were exempted from forced labor and given special privileges. Local authorities have frequently recruited Christian children under the pretext of giving them formal education in cities. As recently as early this year, five Christian children, between the ages of 7 and 18 years old from Matupi township of Chin State, who had been placed in monasteries in Rangoon, escaped confinement in Buddhist temples where they have been forced to follow Buddhist teachings.

 

 

Restriction on the use and teaching of Chin language

Under the military regime, the teaching of Chin language in school is prohibited. In elementary schools, the permitted level of teaching Chin language is grade 2. Publications of textbooks in Chin are not provided for by the government and Christian churches are forced to bear the burden of supplying these texts. Chin school teachers of all levels of high school in Chin State are instructed to use Burmese as a medium of communication with their students. This measure has greatly diminished the level of understanding by the students in school and has served to downgrade student performance. Since the mid 1990s, the new curriculum is dominated by perspectives of Burmese or Burman culture and history, and students have complained about the lack of substance that reflects ethnic Chin perspectives in the subject. This has also been seen as an open attempt to assimilate the Chin youth into mainstream Burman culture.

 

Because of the limited number of government schools available for the Chin populations in Chin State, communities in rural villages have set up private schools to allow the children access to primary education. Unsupported by the government, villages have to seek their own means of running the school by contributing money and resources for the schools. However, since 1998, the regime has banned these self-supported private schools[7] , depriving many children in rural communities of primary education. It should be noted that because these private schools are not under direct control of the government, they were able to offer alternative learning in Chin language. Restriction on the learning of Chin language has already taken its toll on the Chin youth. A high percentage of Chin teenagers are not able to read and write in their own language. This has been exacerbated by the fact that many Chin children look down on their own language and had instead chosen to use Burmese.

Forced Labor

 

Burma has claimed that it has outlawed the practice of forced labor in 2001. However, independent investigations into this claim have found the pervasiveness and the continued use of forced labor in the Chin State. Local army battalions have routinely exacted forced labor from villagers and rural communities in building roads, army camps, development infrastructures and agricultural projects. In major townships of Chin state such as Hakha, Falam, Matupi and Thantlang, civilians are being routinely forced to work at government tea plantation farms[8]. Major Ngwe Toe of Light Infantry Battalion 266, who is in charge of a new township development in Ruazua in central Chin State have ordered a dozen villages to contribute money and human labor to construct high a school, a hospital and an army base in Ruazua. During the entire year of 2002, these villages were forced to participate in the forced labor in Ruazua. Refugees fleeing into India have reported that the pervasiveness of forced labor in their areas has left them no time to work for their own survival. Army units on patrol have forcibly recruited villagers to porter army supplies and ammunitions over mountains and jungles.

Political Suppression

The Chin people are not represented in the state or central administration under the military regime. After the regime nullified the results of the 1990 elections, all Chin political parties were declared illegal. These political parties include the Chin National League for Democracy, the Mara Peoples Party and Zomi National Congress Party. Subsequent crackdowns on political dissidents have forced 3 of the 13 Chin Members of Parliament to flee the country while 2 others were arrested and imprisoned for several years. Since early 1990s, the entire Chin populations have forced to live under virtual curfew. Dozens of civilians accused of supporting, Chin National Front, underground movement were arrested, tortured and imprisoned under the Unlawful Association Act. Civilians charged under this act are routinely tortured in interrogating chambers. According to a former a woman prisoner, she was humiliated, tortured and deprived of food and sleep for one week before she was arbitrarily sentenced to 3 years in prison.[9] Since the May 30 incident, authorities have crackdown on local NLD leaderships who were responsible for welcoming Aung San Suu Kyi during her trip to Chin State in April 2003. According to reports, on May 4, 2 NLD leaders in Matupi township were arrested by military intelligence and were sentenced to 11 years in prison.

Refugees

In this submission, CHRO wishes to highlight the particularly grave situations of Chin refugees and to draw the special attention of the Subcommittee. In the year since the military regime took over power in 1988, more than 50,000 Chin refugees have fled to India, Bangladesh and Malaysia. At least 50,000 Chin refugees have lived in Mizoram State of northeast India. Neither the Government of India nor the United Nations High Commissioner for Refugees has recognized them as refugees. As a result Chin refugees have frequently been forced back to Burma. Since July 19, 2003 a campaign by local Indian youth groups, with the cooperation of Indian authorities have resulted in the forcible evictions and the return of thousands of Chin refugees to Burma. As of this week, at least 6000, people have been forcibly returned to Burma. India has also closed down its border with Burma to prevent returnees from sneaking back into the country.

We are very alarmed by the ongoing evictions and deportation of Chin refugees in India. There is an urgent need for intervention in the ongoing deportation of Chin refugees. Refugees International has recently petitioned the Prime Minister of India requesting him to stop the repatriation and to allow the UNHCR access to Mizoram to help care for the protection and humanitarian needs of Chin refugees. CHRO strongly requests the United States Committee for Refugees and other international agencies concerned with refugees to urgently take measures to prevent the ongoing evictions and deportations of Chin refugees in India.

 

The need for protection of Chin refugees in Malaysia is no less important. Over the past few years, close to 5,000 Chin refugees have also sought sanctuary in Malaysia. Like the Chin refugees in India, they are identified as ‘illegals’ and risk frequent arrest and deportation by Malaysian authorities. The United Nations High Commissioner for Refugees has recognized only a very small fraction of Chin refugees.

 

Conclusion

The problems faced by Burma’s ethnic groups, including the Chin people are the direct consequence of military rule and its campaign of State organized terrorism directed primarily against the ethnic people who constitute more than 40% of the country’s population. Today, the Chin people and all the ethnic people are fighting for our very survival as a people. Our cultural, ethnic and religious identities are being rapidly eroded, and our very survival as a people is being threatened by the policies of ethnic cleansing relentlessly conducted by the military regime. The sufferings of the ethnic nationalities could only be remedied through fundamental change in the political system, a change that would allow the ethnic people equitable representation in the decision-making process of the country. Time is passing and innocent lives are being lost. The international community needs to take effective and urgent actions on Burma before the problems develop into an irreversible stage.

Thank You.

Chin Human Rights Organization

 

 

 

 

 

[1] 2002 US Department of State’s International Religious Freedom Report

on Burma http://www.state.gov/g/drl/rls/irf/2002/13868.htm

[2] Excerpts from the upcoming CHRO’s report on abuses of religious freedom entitled “Religious Persecution: A Campaign of Ethnocide Against Chin Christians in Burma”

[3] Copies of these reports (in Burmese versions), are available upon request.

[4] For detailed information, see www.chro.org under Religious persecution report

[5] See for example Rhododendron Volume III, No VI. Junta Orders Burning Of 16,000 Bibles, Halts Church Construction

[6] Rhododendron News Vol. IV No. IV July-August 2001 www.chro.org

[7] See a copy of SPDC order at www.chro.org Rhododendron VOL.I No. VI December 1998

[8] Oral statement of Salai Za Uk Ling, Editor of Rhododendron News at the 21st session of United Nations Working Group on Indigenous Populations, 23 July 2003, Geneva, Switzerland.

[9] Rhododendron VOL.V No.I JANUARY-FEBRUARY 2002, www.chro.org

 

 

 

Rhododendron News

Volume VI. No III. July-August 2003

Chin Human Rights Organization

www.chro.org

 

 

Contents:

 

Editorial

 

Human Rights

• View from Inside

(Interview with Major Thawng Za Lian)

• Chin Christian church demolished

An account by eyewitness

Refugees: Letter and Press Release

 

• Updates on the Situation of Chin refugees in India

• CHRO: Chin Refugees in India Face Forced Repatriation to Burma

• CHRO’s Letter to the National Human Rights Commission of India

• Refugee International’s Letter to Prime Minister of India

• RI: Forced back: Chin refugees

 

Statement

• CHRO’s Oral Intervention at 21st UNWGIP

 

Editorial

 

Rhododendron has once again proved its worth as a symbolic Chin national flower. The continued support given to the work of Chin Human Rights Organization by international support groups, sympathizers and institutions as well as Chin people across the world have Rhododendron continue to serve as a vital source of information about the conditions of the Chin people in Burma. Our special thanks are due to the National Endowment for Democracy for its generous support for the work of CHRO.

 

The last few months have seen a repeat of a tragic trend in Mizoram where 5, 0000 Chin refugees are taking refuge. On July 19, 2003, an individual described by local authorities as a migrant from Burma raped a 9-year-old Mizo school girl. The incident sparked mob violence across the Mizoram’s capital city. Irate local people quickly turned their fury on “foreigners from Burma” and forcibly evicted them from their homes and shelters across India’s northeastern State. By orders of an influential local NGO, Young Mizo Association, at least 4,000 refugees were forcibly returned to Burma. Thousands escaped the deportation and went into hiding, making them ‘Internally Displaced Persons’ in a country they where they have come to seek shelter.

 

Those carrying out the eviction might think that they are helping the rape victim by inflicting suffering on innocent Chin people. But various inside sources have disputed the perpetrator is in fact a Burmese migrant. The victim’s description of the rapist was of no match to the physical appearance of the one apprehended by the police, according to a relative of the accused. Moreover, the arrested person has three alibis to confirm that he was elsewhere at the time of the rape incident. Nevertheless, authorities sent him to jail to get intense public pressures off their back. If this really is the case, then those involved in eviction of thousands of Chin nationals, have in fact let the real perpetrator roam freely while an innocent person is rotting in jail. And by so doing, they have either inadvertently or intentionally denied justice to the little girl who was brutally raped. After two months since his arrest, the alleged rapist is still being held without trial. For whatever reasons he has not been tried in court, even if he is in fact the real perpetrator, his right to due process seems to have been violated, let alone his right to presumption of innocence until proven guilty.

 

Of late, the Government of Mizoram was forced to intervene in the crisis. The Home Minister issued a statement calling the eviction illegal. Local opposition parties accused the State government of ‘idly watching and standing by’ while people are illegally being evicted from their homes. In fact, it was the same government which received widespread international condemnation for forcibly repatriating hundreds of Chin refugees to Burma in 2000. Perhaps the greatest irony is that the Chin people in Burma had once supported and given shelter to many of the present ruling members of Mizo National Front in the 1960s when the MNF was leading an armed struggle for Mizoram Statehood.

 

On the other side of the border in Burma, political repressions and human rights violations pervade. Forced labor, religious persecution, extortion and arbitrary arrest and detention are some of the worst forms of violations of rights that have been well documented among the Chin people. Meanwhile, Chin people remain under siege by the Burmese army whose members commit gross human rights abuse against Chin civilians, a grisly reality many Mizos refuse to see. However, every cloud has a silver lining. There are still a great number of Mizos across the globe and in Mizoram itself who feel profound sympathy for innocent men women and children who have been punished for a crime they didn’t commit.

 

In Rangoon, against the increasing international outcry for the detention of Aung San Suu Kyi, and economic sanctions recently implemented by the United States, the ruling junta is desperately trying embellish its image. A cabinet shake-up ousted General Khin Ngunt from his once powerful position of Secretary One of the State Peace and Development Council. Most people are skeptical of the reshuffle; it will neither lead to real political reform nor improvement of human rights conditions in the country.

 

Refugee situations in India still pose an urgent concern. The United Nations High Commissioner for Refugees Office in New Delhi has said access to Mizoram is still impossible because India has not given permission to the agency. But it has also said UNHCR presence in the border areas will create a pool factor whereby more refugees will flood in from Burma. It is by the same logic that UNHCR has denied protection to many people in New Delhi fearing the same kind of pool factor whereby more refugees from the border will come to New Delhi.

 

Chin refugees in India deserve greater international attention.

 

 

Human Rights

 

View from inside

Interview with Major Thawng Za Lian

 

[Editor’s Note: Major Thawng Za Lian is now in political asylum in the United States. An ethnic Chin, who has an excellent record in his military service in the Burmese army until leaving the service in 1997, recounts his experience during his career as an officer with a background of minority religious and ethnic identity in Burma. A personnel with excellent performance record, Major Thawng Za Lian has close personal association with present members of Burma’s ruling State Peace and Development Council, including former SPDC Secretary 2, General Tin Oo, and General Maung Aye, who is Amy Chief of Staff and second highest ranking member of the SPDC.]

 

 

CHRO: Can you give us a description of your personal as well as career background?

 

Major Thawng Za Lian: I am the second of five siblings born to parents Pu ( Major) Za Hup and Pi Sun Doi. Because my father was a professional soldier, we lived in different parts of the country, mostly in plain areas. I was born on April 2, 1956 in Lashio of Shan State. I first started attending school in Mandalay. I went to at least 5 different schools before I graduated from high school in 1974. I enlisted in the military in April 1975 to take the officer training course in May Myo. Upon my successful completion of the course in 1977, I was sent to field to serve as an Apprentice officer in 106 Light Infantry Battalion. The very next year in 1978, I was promoted to the rank of a second lieutenant. Again in 1979, I got promoted to a lieutenant and in 1982 I became a captain in the battalion. I got married in January of 1983, and in the same year, I became a Major. So I was in the armye from April 1975 to January 1997.

 

CHRO: Did you hold any other civilian positions other than the military?

 

Major Thawng Za Lian: When I was a captain, I worked in the Township People Council of Hakha from 1985 to 1988. Again during my post as a captain, I worked as a secretary of Township Law and Order Restoration Council in Eame in Irrawaddy Division from 1988 to 1989. From 1990 to 1991, I worked as chairman of Township Law and Order Restoration Council at Zalun. Following my retirement from military service, I worked in Myanmar Railway from 1997 to 1999.

 

CHRO: Looking back at your military as well as non-military careers, how do you feel about them?

 

Major Thawng Za Lian: As you could easily imagine, being in the army means to be in the battlefield almost all the time. So we were always walking on the thin line between life and dead. What is even worse is that the non-Burman ethnic soldiers such as me were always asked to go to the frontline and other zones that are considered more dangerous. What I hated most in the army was the need to comply with orders from above regardless of whether you think they are right or wrong. These kinds of situations do not exist in civil service. Moreover, in the civil service, we have the opportunity to work for other people, which I found it satisfactory and rewarding.

 

CHRO: Where in the country were you based mostly during your military service?

 

Major Thawng Za Lian: Mostly I was in the Shan State. I was there for about 9 years. A single trip in the frontline would usually take anywhere from 6 months to one year. Also, I was in the delta region and Tavoy for a few years.

 

CHRO: As an army veteran, do you know or have close working relationship with any of the well known members of the State Peace and Development Council?

 

Major Thawng Za Lian: General Tin Oo, the former Secretary 2 of SPDC (Now deceased) was a close colleague of mine. I’ve worked together with him when he was a Major, and had a very good personal relationship with him even after he became a General. I’ve also worked under the command of General Maung Aye (Now SPDC Vice Chairman) when he was a Colonel.

 

CHRO: It has frequently been claimed that there is a power struggle among some of the top SPDC officials? What is your view on these claims?

 

Major Thawng Za Lian: Each official of the State Peace and Development Council (SPDC) seems to be trying to entrench their position by seeking a base support and loyalty within the army. My observation is that none of the top-ranking SPDC members trusts one another. Just before I quit the army, they made a new rule within the army top ranks who could or could not have lunch inside the War Office in Rangoon. This new rule only permits Brigadier Generals and higher ranks to enter the War Office with their lunch pack. All people below the ranks of Colonel must eat their lunch outside of the War Office, which means they have to go out to eat every mealtime. Moreover, nobody is allowed to use the telephone during lunch time. This new rule was implemented for fear that people might smuggle in bombs and explosives. As for top members of the SPDC, they locked themselves up inside their office with their personal security guards, which is also new because security guards used to be only posted outside of their doors. It was due to these security measures that the posting of all officers above Major to Rangoon need to be authorized by General Than Shwe, who runs background check on these officers.

 

What this means to us, the non-Burman ethnic officers, is that we became automatically disqualified for considerations for posting in Rangoon. It was for the same reason that even those ordinary officers who are assigned in Rangoon for security are not allowed to carry ammunitions. Only commanding officers are given ammunitions at their disposal for emergency situations. In spite of all the mistrust that exists within the military, the SPDC leaders are nevertheless cooperative and working together when it comes to their collective survival as military dictators.

 

CHRO: Why did you quit the army?

 

Major Thanwg Za Lian: I had waited for at least four years for the order of my promotion to come and I realized that nothing had happened in those four years. Then I decided to ask to my superiors about it. But they told me outright that I would get promotion within a week if I converted to Buddhism from Christianity. It was then that I realized that the rank of Major is the highest position I could ever get in the military and decided to quit the army. One interesting fact I should tell you is that at the time of my leaving the army, all of my peer officers were already promoted to either Lieutenant Colonel or Colonel.

 

 

CHRO: You have mentioned that you faced discrimination on the ground of your religious identity as a Christian. Do you think that the Generals would still have placed the same level of trust on you like all other Burman officers had you converted into Buddhism? Or do you think you would still experience discrimination for you not being a Burman?

 

Major Thawng Za Lian : I believe I might have been promoted if I had converted to Buddhism, at least to the position of a Colonel. However, I am sure this wouldn’t have worked in a long run because there would still be certain limitations as to how high a rank I could get due to my ethnic background as a Chin national. This is nothing new for me throughout my military career, and the Burman military officials have never trusted their non-burman ethnic counterparts.

 

CHRO: You mentioned that non-Buddhist officers can not be promoted to a position higher than a Major. But there are two well-known Christian Generals who made it to the top of the SPDC leadership. How would you explain about General Kyaw Ba and Brigadier General Abel?

 

Major Thawng Za Lian: It’s true. General Kyaw Ba is a Christian but he never minded bowing and kneeling down before Buddhist monks or Buddhist pagodas. In essence, we could say that his devotion to Christianity is not all that deep-rooted. During the BSPP era following the assassination of Brigadier General L. Hkun Hpa (A Christian ethnic Kachin), General Ne Win felt the need to have a Christian commander in the Northern Command to replace L. Hkun Hpa. Thus, Kyaw Ba was then picked up for Commander of the Northern Command in Kachin State. He was later promoted to the rank of Brigadier General by the SPDC. And he was actually made a Minister of SPDC. But what happened to him in the end? He was eventually dismissed in shame.

 

In the case of General Abel, he was exceptionally skilled and competent in his job as Chief of Army Supply Unit and there were just no one who could run the job like he did. Moreover, SLOR/SPDC needed him very badly because of his exceptional fluency in English. This was why the SPDC had promoted him to Brigadier General. But in the end, he too was booted from the army and SPDC in the last reshuffle of the junta.

 

CHRO: At the time of Burma’s independence, the most well-known and high-ranking soldiers in the national army were from Karen, Kachin and Chin etc. Obviously, there are no ethnic people in the top circle of present day’s Burmese army. Is it because the non-Burman people are less qualified or educated or less brave compared to their Burman counterparts?

 

Major Thawng Za Lian: When Burma became newly independent, the British administrators handed over 5 Karen battalions, 5 Kachin battalions, 1 Shan battalion, 4 Chin battalions, 1 Karenni battalion, 6 Burman battalions and 1 Korkha battalion to the succeeding Burmese government. At that time, there were more non-ethnic soldiers than Burma soldiers within the entire national army. There were also quite a number of Generals who are from the non-Burma ethnic background. Once the above Battalions were handed over to the Burmese government, Burman people started to take over all high positions in the military. This was one of the reasons why the Karen Battalion mutinied and started fighting against the Burmese government.

 

In fact, this was the start of the Burmans dominating all facets of political power. You can see that at present, there are no non-Burma ethnic people in the Burmese military whose position are higher than the rank of a Major. However, there are exceptions; those who are in legal and medical profession within the military do enjoy the chance of being promoted to the rank of Lieutenant Colonel because they do not wield weapons and therefore are not a part of the political hierarchy. However, during the Ne Win era, one Kachin and one Chin national did became Generals, most apparently as a showoff by the Socialist government that there is national unity in the country. These two Generals were indeed deserving of these honors. Under the SPDC, however a person is qualified in his professional military career; unless he is a Burman or a Buddhist he can’t have the rank higher than a Major. The fact is there are the same numbers of qualified non-Burman professional soldiers within the present day’s Burmese army as that of the immediate post-independent era.

 

CHRO: Could you tell us about your personal relationship with the local people in the areas where you have participated in military operations?

 

Major Thawng Za Lian: I would describe my personal relationship with the local populations during the operations as very good. In all the places that I have been, the local people [who are ethnic people] knew me as a good and kind person and had attachment with me. I had once helped a group of Lahu ethnic tribe who were displaced by war to establish a new settlement besides Namkar River in the vicinity of Maishu. Now I am very happy to learn that these people have made themselves a well developed and sufficient village.

 

CHRO: You have been in the Burmese military from the time of Burma Socialist Program Party to the era of State Peace and Development Council. From your experience, what, if anything, is the difference between the BSSP and the SPDC?

 

Major Thawng Za Lian: During the BSPP era, discrimination on religious and ethnic grounds did exist. But their desire to demonstrate that such discrimination didn’t exist forced them to avoid blatant discrimination. At least one or two people were actually put in high position of authority during this period. Moreover, there were no restrictions on the ground of ethnicity and religion in applying for military officer training in those days. Now, although unofficial, eligibility for officer training is that one has to be a Buddhist and a Burman. General Maung Aye has on his table four criteria on which to deny promotion of army officers.

 

These include criteria for those who are Christians, non-Burman ethnic nationals, Burmans married to Christians and those who are Burman but are married to Christians or Muslim girls. Even during the era of State Peace and Development Council (Especially during Than Shwe-Maung Aye era), things have dramatically changed. Blatant discriminations for ethnic and religious identities have become more common.

 

In the military, A, B and C are categories designated for those who can not be promoted in rank. A stands for AIDS symptom, B stands for Hepatitis B and C stands for Christians. Under these categories, those who are carrying AIDS disease are discharged from the military and those who have Hepatitis B are transferred to civil service. And all those belonging to category C (Christians) are not given promotion. For all these factors, the present SPDC regime is worse than the BSPP government, or any other government for this matter.

 

 

Chin Christian church demolished

An account by eyewitness

 

On February 20, 2000, Chairman of Tamu Towhsip Peace and Development Council Captain Khin Maung Myint and his men entered our village on their way to New Tamu Town. It was around 10:00 am in the morning. That morning, members of nine households from our Church and I were putting a finishing touch on the church building, which we have been constructing. As Captatin Khin Maung Myint and his men were driving by, he got out of his vehicle and asked us as to who authorized the construction of the church building. Just as he was asking this question, he slapped U Kan Hla, the Chairman of the Village Peace and Development Council who was standing by him. Two of his men then immediately grabbed both hands of U Kan Hla and Captain Khin Maung Myint began punching and kicking him. The Captain beat him with a bamboo stick for almost an hour. After that he turned to me, pulled his pistol out and pointed in my head and said, “I will kill all of you Chin people, you Chin people are nothing but a nuisance to Burma.” He then ordered us to immediately destroy the Church building. Frightened, we immediately dismantled the church.

 

The captain himself angrily pulled down some of the bamboos that were used for the church’s wall. What we had built with our time and energy was totally destroyed. We have not had a place to conduct worship service ever since. Local authorities are now making various excuses to prevent us from conducting worship service.

 

It was with the permission of local Peace and Development Council member U Aung Sein (a Buddhist) that we built our church. He was also the one who gave us Form 105, which entitled us to possess a plot for the Church building. We bought a 150 square feet plot for 7,0000 Kyats from a local landowner U Tha Khin in 1996. After the demolition of the Church, bushes have grown on the site and it know looks like a wilderness. Our church’s membership has now grown to 14 household and we are in desperate need for a church building. Due to the growing membership, it is becoming more and more inconvenient for us to conduct services in my house.

 

Local authorities have objected to the sound of our singing and the drums we play. They said that we are disturbing peace in our village. Now, they have gone so far as to forbid handclapping during the worship service. I pointed out to them that Buddhists are always using loudspeakers whenever they collect donations for their religious festivals. I asked them if shouting around the village with loudspeakers hadn’t caused any disturbance in the village. They told me that they had been instructed by higher authorities to not permit any kind of disturbance in the village. Only after I told the village authorities that I would also be complaining about the use of loudspeakers, did they stop saying anything to us.

 

Up until today, the Village PDC Chairman is making all kinds of excuses to stop us from conducting worship service. But we are still holding the service in my house and we will not be submitting ourselves to their coercion.

 

 

Refugees: Letter and Press Release

 

Updates on Situation of Chin Refugees in Mizoram

 

Chin Human Rights Organization

September 2, 2003

 

Eviction intensified

 

Evictions of Chin refugees have intensified in Mizoram’s capital Aizawl and nearly all villages and towns across the State have joined the effort of Young Mizoram Association, which have vowed to expel every “Burmese” from Mizoram. Active eviction is being reported in most localities in Aizawl. Chanmari, Chhinga veng (ward) and Electric veng are some of the localities in which evictions have been most active. A local source estimates that more than 100 Chin families or households are living in each of the localities, and most of them have been evicted. Those who have gone into hiding to avoid the raid in their house have had all their belongings thrown out, and their houses padlocked by members of local YMA and Village Council. In one reported incident in Chhinga veng, a woman in her late pregnancy who was crying and pleading for more time to organize her household stuffs was manhandled, and forcibly dragged out of her house. All her belongings were then removed from her rented house. One woman who is on the run, and requested anonymity predicts it would be a matter of days or weeks before every single Chin is evicted from Aizawl, the city where she is making her hideout. In a matter of weeks since the eviction started in Aizawl, most major towns in Mizoram have now started carrying out evictions of Chin refugees living in their respective areas. Lunglei, Lawngtlai, Serchip, Hnahthial, Kolasib, Champhai, Saiha are some of the major towns that are actively conducting the eviction.

 

More people returned

 

The number of Chin refugees who have been returned to Burma from Mizoram is increasing and sources have told Chin Human Rights Organization that as many as 6000 refugees have already crossed the border into Burma as of September 2, 2003. Unconfirmed reports say many of the returnees have been taken into army custody. Those who have no identity cards have reportedly been given a compulsory three month jail sentence, while Burmese authorities conduct a background check on each individual. Most of the returnees were compelled to go back to Burma due to the evictions in Aizawl and other areas, and threats that the YMA will not take any responsibilities should anything happen to them after the deadline for abandoning Mizoram has passed. One person says that people are really afraid of such threats in view of the manner in which the mobs have conducted themselves by destroying properties and manhandling people. Many of those returned to the border were reported to have escorted by police who supervised their return, a report supported by the fact that the Mizoram Superintendent of Police makes regular updates on the number of those who have crossed the border into Burma.

 

Internally Displaced

 

Hundreds of people who have been evicted and told to leave Mizoram are now on the move. Because of concerns for their well being in Burma, these people are taking their chances to find sympathetic communities inside Mizoram. It has been confirmed that at least 80 people, including women and children are now sheltering at Vombuk village, located about 15 kilometers from Burma border. More people have sought shelter elsewhere inside Lai Autonomous District, where the local people have close ethnic ties with the Chin people. With the eviction spreading across Mizoram, and with the prevalent fear of returning to Burma, it is very likely that more and more people will be on the move inside Mizoram State.

 

India-Burma border sealed off

 

In an attempt to prevent returnees from entering back into Mizoram, the Mizoram State government has already sealed off its border with Burma. The government has ordered the deployment of police units at all major border passes. The closure has also affected traffic passing back and forth India Burma border.

 

Humanitarian aspect

 

Although it is still impossible to ascertain the real humanitarian conditions of people on the move, it is almost certain that they are struggling for the most basic supplies such as food, shelter and medical attention. In Vombuk where at least 80 persons are confirmed to have taken shelter, local people have built them makeshift tents and donate eatables and foodstuff. Our source has warned that unless alternate support is urgently arranged, the humanitarian consequence will be serious. Moreover, because news about these people being given shelter has likely spread to others, more people could be attracted to Vombuk, which will then exceed the already meager support currently available to them.

 

Notes on cause of eviction

 

The eviction was triggered by an incident of rape in which a 9-year-old girl was brutally raped by an individual alleged to be a Burmese citizen on 19 July 2003. The alleged perpetrator was apprehended by police two days after the incident, and immediately put in Aizawl Central Jail. Local residents then turned their anger on all “Burmese” living in the city of Aizawl by destroying their properties and ordering them to leave. As of September 2003, the alleged perpetrator is still being held without trial in Aizawl Central Jail. Inside sources have disputed the authenticity of the allegation because it has been reported that the picture of the accused was telecast on local TV and the victim has identified him as not being the rapist. According to the victim’s description, the rapist is long-haired and has a spotted and rough face, an opposite appearance with the man in custody who has a short hair and has no such marks on his face. Moreover, family members of the man in custody claim he was being targeted because of his weak mental condition. It is reported that the man in custody has three alibis to confirm that he was elsewhere at the time of the incident, but he has not been produced in court as of this point. Police obtained a confession from him at the time of his arrest, but many believe the confession was coerced.

 

Aggravating Factors

 

Although the State government called the eviction illegal and hinted punishment for those carrying out the eviction, it is yet to enforce its statement. Election of State Legislative Assembly is due in November, and this is precisely the reason why the ruling party has made no attempt that might cost its image in the eyes of the public. One comment in an online discussion alleges the Mizoram government has secretly entered into a deal with the Young Mizo Association, an organization spearheading the eviction, that while the government would take no real action against YMA, it would issue a statement condemning the eviction. Observers are pointing the continuing eviction and lack of government action to the absence of international pressure being put on the government.

 

Media Release

5 August 2003

 

Chin Refugees In India Face Threat of Forced Repatriation (Refoulement) to Burma

 

Thousands of Chin refugees who have been evicted from their homes in Mizoram of northeast India are facing the threat of forced repatriation to Burma. According to reports from Mizoram, on August 3, 2003, at least 107 of those evicted from their homes in Aizawl were herded into buses heading to India-Burma border. Most of them, however, managed to escape halfway en route the Burmese border. Among these escapees were several women and children including women in their late pregnancy.

 

The eviction is being conducted by local youth and social organizations following a 9- year-old girl was raped by an individual alleged to be an immigrant from Burma on July 17, 2003.

 

Following the incident, local non-government organizations spearheaded by Young Mizo Association and Mizo Hmeichhia Insuihkhawmna (Mizo Women Organization) have ordered the evacuation of all Burmese nationals living in the city of Aizawl. Yesterday’s issue of Zoramworld, a local online news agency quoting government’s source reported that as many as 2723 individuals have been transported to India-Burma border and the number of those ‘going back to Burma’ are increasing.

 

An estimated 5, 0000 Chin refugees are currently living in Mizoram State. Most of them fled to India to escape human rights violations in their homeland committed by Burma’s ruling military regime.

 

Chin Human Rights Organization is concerned about the continuing eviction and reports of activities of forced repatriation of refugees in Mizoram. There have been periodic campaigns of eviction against Chin refugees in Mizoram in the past and the last operation launched in 2000 had resulted in the arrest and forced return of hundreds of Chin refugees to Burma.

 

Salai Bawi Lian Mang, Director of Chin Human Rights Organization said, “We have evidence that those who were deported on the previous occasion were arrested and imprisoned in Burma. Those carrying out the eviction need to understand that the lives of these people will be in serious danger if they are forced to return to Burma. We share the pain and anguish of the family of the little girl and the Mizo community, but our Mizo brothers and sisters should understand that the eviction is putting innocent lives in danger.”

 

CHRO calls upon international organizations and governments concerned about human rights and the protection of refugees to urge Indian and Mizoram authorities to intervene in the crisis of Chin refugees.

 

According to local sources, eviction campaigns have spread to other districts in Mizoram. In Champhai and Lunglei Districts, local residents have given eviction ultimatums to Chin refugees in their neighborhoods. A meeting resolution of Young Mizo Association on 29 July said that all foreigners sheltering in the town of Lunglei and Champhai leave Mizoram before August 15. Residents have also stepped up pressure on the State government to crackdown on Chin refugees living in Mizoram.

 

For more information please contact:

Chin Human Rights Organization at

[email protected] e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Phone/fax (613) 234-2485

www.chro.org

 

From: Salai Bawi Lian Mang

Director

Chin Human Rights Organization

50 Bell Street N # 2

Ottawa, ON K1R 7C7

Canada

Tel: (613) 234 2485, (301) 468 9255

Fax: ( 613 ) 234 2485

www.chro.org

 

 

CHRO’s Letter to the National Human Rights Commission of India

 

To: Dr. Justice A.S. Anand

Chairperson

National Human Rights Commission of India

Sardar Patel Bhavan

Sansad Marg

New Delhi-110001.

India

 

Date: July 28, 2003

 

Subject: The Chin/Burmese Refugees and Externally Displaced Persons in Mizoram State of India

 

Dear Honorable Dr. Justice A.S. Anand,

 

It has come to our attention that Chin refugees from Burma who have been taking refuge in Aizawl, Mizoram State, are being evicted by some local Mizo organizations and elements of local governmental unit. The eviction is being carried out in response to the rape of a nine year-old girl reportedly by an individual identified as Mr. Vanlalchanga, an immigrant from Burma on July 17, 2003.

 

The alleged rapist, Mr. Vanlalchanga, son of J.H. Laikhama, was arrested on July 20, 2003 by the Miroram police and was subsequently charged under U/S/ 376 (2) (G)/43 IIPC for raping a minor. He is currently being held in Central Jail of Aizawl.

 

According to News Link, Vanglaini, Aizawlpost, and other reliable sources, angry local residences have destroyed five houses – including three hotels managed by the alleged rapist family members at different locations.

 

Through a local newspaper Vanglaini, Mr. R. Lalringtluanga, secretary of Electric Veng (Ward) Young Mizo Association (YMA) branch, has informed all Chin residing in his locality to evacuate the area immediately. Similar orders have been issued by other branches of Young Mizo Association in Aizawl.

 

The majority of refugees from Burma who are living in Mizoram State are ethnic Chins who have fled their homeland to escape grave violations of human rights, including religious persecution, forced labor and policies of ethnic cleansing perpetrated by Burma’s ruling military junta against them. We are very concerned that the evicted persons will ultimately be deported to Burma where their lives would be in serious danger.

 

We condemn in the strongest terms the act of the rapist. We also hope that the perpetrator will be brought to justice in accordance with Indian penal and criminal law. On the other hand, we are very concerned that innocent Chin refugees are being targeted and their lives put in danger.

 

We sincerely urge your office to intervene in the matter to ensure that the fundamental rights of Chin refugees are protected and that they are not forced repatriated to Burma.

 

 

Sincerely,

 

Salai Bawi Lian Mang

 

 

Copies to:

 

1) Board of Directors & All Field Officers, Chin Human Rights Organizations

2) Asian Human Rights Commission

3) United States Committee for Refugee

4) Chief Of Mission, UNHCR, Delhi

5) Refugee International

6) US Department of State, Bureau of Population, Refugees and Migration

 

Refugee International’s Letter to Prime Minister of India

 

The Honorable Atal Bihari Vajpayee

South Block, Raisina Hill

New Delhi 110011

India

 

September 3, 2003

 

Dear Prime Minister Vajpayee:

 

We are writing to express our concern for the well being and safety of close to 50,000 Burmese who have sought refuge in the Northeastern State of Mizoram since the 1988 pro-democracy uprising that ended in violence and on-going persecution in Burma. Refugees International (RI) has learned that recent campaigns by local Indian groups with the support of local government authorities have forced over 5,000 Burmese Chin to abandon their homes and either go into hiding or return to Burma, a country with a well-documented record of human rights abuses against ethnic minorities.

 

As an organization that monitors the humanitarian and protection needs of refugees, RI applauds the Government of India for providing a safe haven for Burmese in India. Based on RI’s on-going research in the region we can confirm that many Burmese have sought refuge based on political persecution or human rights abuses by the military. This is true for members of various ethnic groups, including those from Chin State.

 

Over the past two months, more than 5,000 Burmese living and working in Mizoram, have been forced to leave their homes by local groups such as the Young Mizo Association (YMA). They have been told to return to Burma where RI has documented abuses of ethnic minorities in the form of beatings, torture, rapes and summary executions. According to RI interviews with former Chin deportees from Mizoram, there is a danger of being sent to labor camps and prisons, where they risk torture, illness, and death.

 

We understand that local police are supporting the actions of the YMA and are involved in deportations, an act in violation of international customary law. We are aware that some Burmese are involved in illegal activities, including drug trafficking, that your government has every right to address this problem under Indian law. These individuals, however, should not be confused with law-abiding people who have found refuge in India from persecution by the Burmese government.

 

We request that the Government of India take steps to stop the harassment and forced deportations of Chin refugees in Mizoram. We request that the Government of India allow those Burmese fleeing a well-founded fear of persecution to stay in Mizoram and that local police allow entry to those fleeing persecution in Burma. Finally, we encourage you to allow the United Nations High Commissioner for Refugees (UNHCR) to assist these people so that India does not have to shoulder the sole burden of protecting them or caring for their humanitarian needs.

 

We thank you for your attention to these matters and look forward to learning more about how your government will take steps to protect Chin refugees in Mizoram.

 

Respectfully,

Kenneth H. Bacon

President

 

Cc.: Mr. Zoramthanga, Mizoram Chief Minister

Mr. J.H Zoremthanga,Young Mizo Association General Secretary

Mr. Lianzuala- President, Young Mizo Association Central Office

 

 

Forced Back: Burmese Chin Refugees in India in Danger

 

Refugees International has learned that India is sending back thousands of Burmese ethnic minorities from its northeastern state of Mizoram. Reports from local human rights groups state that over 5,000 Burmese from the Chin ethnic group have been forced to leave their homes and live in hiding or cross the river into Burma.

 

India’s actions are disturbing, given that global awareness is growing of the atrocities committed against the ethnic minority population of Burma by the Burmese State Peace and Development Council (SPDC). People fleeing Burma are responsible for the largest displacement and migration in all of Southeast Asia. In response to continued human rights abuses by the Burmese government, the U.S. Congress recently approved legislation that bans all Burmese imports, freezes the overseas assets of SPDC members, prohibits members of the regime from obtaining U.S. visas, and requires the U.S. Executive Directors for the International Monetary Fund and the World Bank to vote against all loans to Burma. This legislation sends a clear message that the actions of the Burmese regime are unacceptable and that a failure to improve its human rights record and release the democratically elected leader from house arrest will have significant negative consequences for the rulers.

 

RI visited Mizoram in May of this year and interviewed refugees who had fled from persecution by the Burmese army within days of the interview. In a church safe house RI interviewed Pa Thang, a disoriented and fearful 32-year-old man who was tied up, blindfolded, and beaten severely with the butt of a soldier’s gun. A group of soldiers brought him to their army barracks, where they urinated in his mouth and threatened to kill him. For two days he was beaten and given no food. He was accused of links to the Chin National Front, an ethnic resistance movement. The man went on to explain that the army had imposed curfews at night and that anyone found outside would be shot. During curfew time, soldiers went around the villages and stole whatever they could; they took two of his pigs. The soldiers also raped women. Pa Thang told RI that a 12-year-old girl from his village was raped by more than five soldiers for a 24-hour period until she died.

 

To get out of jail, Pa Thang and six others who were also taken to the barracks had to pay close to $500, a huge sum in Burma. As soon as he could, Pa Thang escaped to Mizoram, where a church group offered to give him housing until he found a job doing construction work. He showed RI the scars on his scalp from the beating. His back was still in pain, making it difficult for him to find work. “I have no choice but to become a refugee, what else could I do?”

 

RI also interviewed two brothers who explained how they had come to Mizoram to work. Although this could easily be interpreted to mean they were economic migrants, these brothers explained that for the past 15 years they had to provide one family member per day for forced labor for the military. The brothers were also disturbed that they, as ardent Christians, were asked to build Buddhist pagodas or forced to work on Sundays and Christian holidays. Between January and the end of March of this year they worked a total of 30 days each with no compensation. Families including theirs were asked to donate wood and tin supplies for the construction of military barracks. If they had disobeyed, they explained, they would have been beaten or killed. Their headman was beaten nearly to death. These circumstances make it difficult for the brothers and their villagers to cover their own basic survival needs. “Even if the Government does not help us, let them not take away what we have. This is our only prayer,” they explained.

 

 

 

 

 

Chin who seek protection have not found safety in India. They are subject to deportation and intimidation by local authorities and activist groups such as the Young Mizo Association (YMA), which recently destroyed the hotel of a man of Burmese origin accused of raping a nine-year-old Indian girl. Following this incident in mid-July, the YMA took to the streets to vent their xenophobic views. Its members destroyed homes and belongings and threatened Burmese with harm if they did not leave their towns by a given deadline, the latest of which was August 20th. Since then, close to five thousand Chin have been forced to leave. Reports by local human rights groups state that the police supplied trucks to move refugees back to the border. They also stationed police at the border to prevent anyone who had returned from re-entering India.

 

Forcing people with a well-founded fear of persecution back to a country with an on-going and well-documented record of human rights abuses is a violation of the 1951 Refugee Convention, to which India is not a party, as well as a violation of international customary law. Preventing the Chin from entering India when they are being persecuted because of their ethnicity is a further breach of international norms.

 

An interview with Mang Lian sheds light on what Chin may experience when they return to Burma. In August of 2001, he was arrested by police in Mizoram for being an illegal resident. After being beaten in jail he was deported into the hands of Burmese police and accused of links to the ethnic resistance and breaking immigration law. He was told he would spend his life in prison, unless he paid bribes to the judge. Mang Lian’s mother borrowed over one year’s salary from friends in Mizoram for the series of bribes necessary to keep her son from a life in jail. While in jail, Mang Lian and one of his friends became very sick. They were not allowed to receive medicines, visit a doctor or bathe, if they did not pay bribes to the guards. Every day he was brutally beaten by guards. After seven months, Mang Lian and his friend were released. The day of their release, his friend’s parents, also severely in debt to reclaim their son, came to collect him; he died that night. Mang Lian immediately fled to Mizoram and lives in hiding outside of the capital; he farms to survive while trying to repay the debt that freed him.

 

RI interviewed other Chin who had been accused of links to resistance and so severely beaten they had been left for dead. Yet despite such compelling evidence, both the Government of India and the United Nations High Commissioner for Refugees (UNHCR) consider the Chin to be mostly economic migrants. The UNHCR has never visited Mizoran to assess the situation. Though having limited field experience of the situation, UNHCR staff has expressed doubts that Chin refugees have valid claims of persecution.

 

As one of the brothers told RI, “We are trapped in a cage that we cannot get out of ourselves. We need help from the outside.” The Government of India and the UNHCR must act now to prevent further violations of human rights. Failure to correct this situation would establish a precedent that could have implications for Burmese refugees elsewhere in the region.

 

Refugees International therefore recommends that:

 

The Government of India

 

• Allow the UNHCR a presence in Mizoram to help protect and care for humanitarian needs of Burmese.

• Take steps to prevent local groups, with the collaboration of the local authorities, from forcibly deporting the Burmese.

• Instruct border police to allow entry to those fleeing persecution in Burma.

 

The United Nations High Commissioner for Refugees:

 

• Advocate for and establish a presence in Mizoram to protect and assist Burmese fleeing persecution.

 

 

Statement:

 

United Nations Working Group on Indigenous Populations

21st Session 21-25 July 2003, Geneva, Switzerland

Oral intervention by Salai Za Uk Ling of Chin Human Rights Organization

Agenda item 4 (b) Indigenous peoples and Globalization

 

Thank you Mr. Chairman,

 

As we have seen from examples around the world, there is little doubt that there is a close connection between globalization and the suffering of indigenous people. And indeed, for many indigenous peoples around the world, globalization could be said to be a modern manifestation of colonialism and imperialism. Like colonialism, the advent of globalization has today placed the continued survival and development of indigenous peoples at an unprecedented risk. This is no less true for the indigenous peoples of Burma, including the Chin people.

 

The Chin people and their ancestral territory of Chinland are cofounders of the Union of Burma. One of the most important conditions for our people to join the Union was that by virtue of our membership in a federal state, our people could retain and protect our right to self-determination. But the military take-over in 1962 led by General Ne Win set back our hopes of building a federal state. Mr. Chairman, after over 40 years under a brutal military dictatorship, our cultural, religious, and ethnic identities have been significantly eroded.

 

Mr. Chairman,

 

I would like to draw the attention of the Working Group to the conditions of the Chin people in Burma. Burma’s junta’s desperate attempt to earn foreign money at any cost is taking a heavy toll on the country’s indigenous population. Permit me to give an example. Since 2001, the regime has arbitrarily designated Chinland as a tea plantation area. The regime confiscated hundreds of acres of land belonging to the local people across several townships in Chin State. In Falam, Hakha, Thantlang and Matupi townships, people are being routinely forced to contribute involuntary labor to work in these “tea farms”. This kind of practice is in stark contrast to the claims made by the regime to the International Labor Organization that forced labor has been outlawed in Burma. Moreover, we do not believe that the tea plantation project will actually benefit our people, but rather it will be sold in regional and international markets, and the profits end up in the junta’s coffers.

 

Mr. Chairman,

 

India and Burma have agreed to construct a transnational highway linking the two countries. When implemented, and this will be very soon, this highway will cut right through Chinland. While this is portrayed as an attempt to smooth the flow of bilateral trade between Burma and India, we are very concerned that this will have a substantial negative impact on the Chin people. As many examples have indicated, Burma has not demonstrated its full commitment to eliminating the practice of forced labor, and we are extremely concerned that mass forced labor will occur in the region, which will then have a disastrous consequence for the local populations. We already have more than 50,000 refugees fleeing to India and elsewhere as a result of gross violations of human rights perpetrated by the Burmese military, and we fear that more people will be forced to flee their homeland. We urge the Working Group to bring the matter to the attention of the Commission on Human Rights and the Special Rapporteur on Burma.

 

Mr. Chairman,

 

It is true that we often attribute the growing suffering of indigenous people to the advent of globalization. But what is crucial, in my view, is to recognize that it is not necessarily globalization in itself that targets indigenous people. Rather, it is due to the fact that indigenous people are very often excluded from making decisions, which directly affect our lives and our own existence that we often remain victims of globalization.

 

Mr. Chairman,

 

The indigenous peoples of Burma, including the Chin people, have always aspired and continue to aspire to a federal democratic state that will enable us to exercise our right to self-determination. And this aspiration is a principle endorsed by the United Nations and the larger international community. But that aspiration is being pushed further from realization because the ruling Burmese generals have recently reiterated their unwillingness to implement political reform. The arrest of Burma’s democracy leader Aung San Suu Kyi and the violent crackdown on the democracy movement on May 30 this year is a clear indication that Burma’s ruling generals are determined to defy international opinion to the very end. Just this past week, the issue of Burma was brought up at the UN Security Council during a general debate. It is extremely important that we keep this momentum going. Therefore, starting with this Working Group, all relevant UN bodies, including the Commission on Human Rights and the General Assembly should encourage the Security Council to place Burma on its principal agenda and to take positive action to have Burma comply with its obligations under the Charter of the United Nations.

 

 

Thank you

 

 

 

 

 

VOL. VI. No.2 May-June 2003 CONTENTS

Human Rights:

 

Surviving Torture

 

A Chin Woman’s Struggle for Justice

 

Jailed Professor On Hunger Strike

 

Interview with Mr. Ngun Thawng

 

New Town Makes People Cry

 

Refugee:

 

UNHCR Office In India Comes Under Severe Attack By The Scandinavian Burmese Committees

 

Letter & Statements:

 

CHRO Presentation at the United States Department of State

 

CHRO Condemns Attack on Aung San Suu Kyi, Calls for International Action

 

Letter to Hon. Stanley Peter Dromisky

 

Scholar Section:

 

Constitutional Crisis in Burma

 

(Toward the Political Dialogue on Constitutional Issues in Burma)

 

 

 

Surviving Torture

 

Interview with ex-political prisoner

 

 

 

Chin Human Rights Organization

 

April 27, 2003

 

New Bern

 

 

 

CHRO: Can you tell me a little bit about yourself?

 

 

 

Pu Ral Luai: My name is Pu Ral Luai. I am originally from Hriphi village, Thantlang Township Chin state of Burma. But I moved to Thantlang in 1987. I’m 49 years old now. I have four sons and seven daughters. I used to make my living by cultivating a seven-acre paddy field.

 

 

 

CHRO: We heard that you were arrested and imprisoned in Burma. Can you tell us the reason of your arrest?

 

 

 

Pu Ral Luai: I was arrested because I gave out some donations to the Chin National Front, a group fighting for the rights of the Chin people. I was a member of the Village Peace and Development Council when I made the donations to CNF. My arrest took place a year later when the military intelligences were tipped off about it. I was arrested right at the VPDC office where I was working.

 

 

 

CHRO: Were you the only one arrested?

 

 

 

Pu Ral Luai: I was arrested on the evening of August 27, 1999. But Ceu Hnin, one of my associates, was arrested early in the next morning on the same count.

 

 

 

CHRO: Can you describe to us the conditions of your imprisonment?

 

 

 

Pu Ral Luai: It was horribly harsh! Right after I was in MI’s (Military Intelligence) custody, they blind folded me and tied my hands behind my back. That was the beginning of what would be a long interrogation and torture. They asked me whether I was helping the CNF, to which I didn’t respond. Because I didn’t respond to any of their questions, they hit me with a wooden rod in my chest and in my head. They rolled the rod up and down my shins, which felt like my skins were all going to peel off. The torture went on and on for hours until I fell down unconscious from the pain. Since I consistently refused to say anything over the course of my interrogation and torture, the MIs then called a local hospital doctor to give me some treatment. This was because they wanted to make sure that I didn’t succumb to the tortures before I confessed to the charges. The doctor apparently had tried to revive me from my unconsciousness by giving me some medicines that night because I noticed there were bits of tablets left in my mouth the next morning.

 

 

 

On September 2, 1999, they sent me to an interrogation cell at Rungtlang army base in Hakha. The moment I was there, the interrogations and tortures continued. Little did I realize that I was to be deprived of food for the next nine consecutive days. They wanted me to disclose the names of those who were supporting the CNF in Thantlang. But I persistently refused to say anything. The result of my silence was more tortures and beatings. On the ninth day one of my torturers said to me “We are going to kill you today, this is the end of your life, you may write a short letter to your wife or you may pray to your God loudly”. I told them I would not write a note to my wife nor would pray to God because I was all set to die at their hands. After a moment of silence, they blasted what appeared to be a big balloon right beside my ears to make me think that I had been shot. I fainted three times during the course of my interrogations. After all the tortures, I was given a two-year prison sentence to serve at Kalay prison camp.

 

 

 

CHRO: Under what specific acts or provisions were you convicted?

 

 

 

Ral Luai: I was convicted under so-called Section 17 (a) of the Unlawful Association Acts. The charges were that I supported an organization opposed to the government.

 

 

 

CHRO: Can you describe conditions in the prison? Were inmates compelled to do hard labor?

 

 

 

Pu Ral Luai: It’s really indescribable. Once we landed in the prison, we have no value as human beings. Prison authorities always recruited people for forced labors from among the inmates. The recruits were then sent out to the fields for plowing. Out of a hundred recruits, only a handful of people would make it back to the prison with serious sickness. Those who made it back said they were literally used as cows because they are yoked on their necks and were made to pull the plough. Under the intense heat, they are forced to pull the plough all day. This was exacerbated by their hunger because they weren’t given adequate food. Due to their hunger, they resorted to eating frogs and anything they could catch in the field. Worst of all, they are forced to do double workloads, which meant that on top of the workload officially assigned to them by prison authorities, they had to work extra hours for the personal benefits of whoever is supervising them. For instance, if a hundred acres of paddy fields are allocated to them for completion within one month, the camp supervisor would still force them to plough an additional 100 acres of land for his own benefits. These people are slaves in every sense. People were dying every day from sickness and exhaustion, and they were just buried together in a mass grave. The Burmese military government is literally enslaving its own citizens.

 

 

 

CHRO: Were you not doing hard labor yourself?

 

 

 

Pu Ral Luai: No, because I was physically too weak and unhealthy; I didn’t perform the forced labor.

 

 

 

CHRO: Did you receive any kind of assistance in jail?

 

 

 

Pu Ral Luai: I did. God is so great. I was given Kyats 20000/ per month by the International Committee of Red Cross since March 2000 up until my release in September 2001.

 

 

 

CHRO: How was the condition of your health in prison?

 

 

 

Pu Ral Luai: I had a very serious health problem. I was suffering from Tuberculosis. Moreover, because of the tortures during my interrogation, I couldn’t eat anything for the first few months in prison. I was physically very weak and I developed poor vision as a result.

 

 

 

CHRO: How did you manage to come to the USA?

 

 

 

Pu Ral Luai: I was released from Jail in September of 2001. But things didn’t just get normal again even after my release. The military intelligence wouldn’t give me a day of peace. They wouldn’t allow me to travel anywhere without their prior authorization. To ensure I stayed in town, they asked me to report myself to them everyday. I was literally confined in the town. I knew it was still unsafe for me to remain there and I sneaked out of the country to go to Malaysia in February 2002. I immediately approached the United Nations High Commissioner of Refugees office in Kuala Lumpur, which recognized me as a refugee. I came to the US as an international refugee.

 

 

 

CHRO: What made you go to Malaysia when India and Bangladesh are closer to go to from where you were?

 

 

Pu Ral Luai: I knew some people who went through similar situations as I did that went to Malaysia. When I heard that they were being given protection there, I thought I would be safe there too.

 

 

 

CHRO: What do you think about the USA?

 

Pu Ral Luai: It is wonderful. May God bless the USA. This is my only safe place in this world. But it is very hard to stay alone without my family.

 

 

 

 

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A Chin Woman’s Struggle for Justice

 

 

 

(Editor’s note: the following account is given by Mau Bu, a 33 year-old Chin widow with 4 children who is currently seeking asylum at the United Nations High Commissioner office in Kuala Lumpur, Malaysia after fleeing her native country of Burma. Mau Bu’s husband, a school teacher in rural Chin State died in a forest fire which was started by members of the Burmese military. This personal account tells just how a determined woman had struggled hard for justice at the risk of her own life in a country where justice is dictated by guns and power.)

 

Chin Human Rights Organization

 

April 29, 2003

 

Kuala Lumpur

 

 

 

My husband was a middle school teacher. He died in 1999 in a fire. It all started when the Burmese soldiers started a forest fire by our village. The fire was intended to clear the way for road construction between Lailen and Ruazua. Local military authorities were forcing villagers to work on the road construction. The fire was burning out of control threatening our village. As the fire came close to the school where my husband was teaching, all villagers came out to battle the raging blaze. The soldiers then asked all male school children to join in the effort. But three six graders, Ngu Thein Lian, Nawl Thang and Maung Maung Oo, trying help put out the fire, were caught in the fire. Crying for help, my husband who was their class master tried to rescue them. But it resulted in all of them being consumed by the fire.

 

 

 

That was on January 9, 1999. It was only hours later at 8:00 P.M that we succeeded in recovering their charred bodies.

 

 

 

At the time of my husband’s death, the youngest of my four children was only two months old with the oldest one being only 9. As a mother of four minor children, it’s just heartbreaking just looking to the future without my husband. To make matter worse, the authorities refused to pay me any compensation for the death of my husband. Neither was I eligible for pension from my husband’s job since he had only been working for 8 years. I felt totally abandoned just thinking of how my life had been totally destroyed and how I was completely left alone. Of course the deaths of my husband and three other children were caused by the Burmese military who are in fact the government.

 

 

 

I awaited one year anticipating compensation for my loss from the government. But nothing happened. I then lodged a complaint against the Burmese troops responsible for killing my husband with Ruazua police station. In my complaint, I specifically mentioned why I should be entitled to justice for my loss. My case was then referred to the township police station in Matupi. In November 2000, I was summoned to the Matupi police station in connection with my complaint. The head of the police station there had told me that lodging a complaint against the military authorities would put me in danger and that in view of such possibility, withdrawing the complaint was a wise thing to do. But I wasn’t simply ready to give up. I took the matter to the Matupi Township Court. The court then subpoenaed the military officials named in my complaint. But no one showed up to the court from the military side for three successive court dates. As a result, the court simply dismissed the complaint saying that in the absence of the defendants named in my complaint there was nothing the court could do.

 

 

 

Still dissatisfied, I petitioned an appeal to the District Court in Mindat in March of 2001. Again there was no response from Mindat District Court. I went there in person on 6th July 2001 and inquired about my appeal. After being told that the case was still under investigation, I headed back home to Ruazua. It took me five days to travel on foot back to my village.

 

 

 

On October 10, 2001, two police and two military officials came to inform me that I had been invited to appear at Mindat District Court. But rather than taking me straight to the court, they locked me up at Ruazua police station for one night. The next day, they took me to Matupi where I was detained again without telling me the reason of my detention. I was only released on October 24. Upon my release, one police sergeant again persuaded me to withdraw the case. He told me that unless I voluntarily withdraw my complaint, I would be countersued by the military government for being anti-government. I insisted that I would find any means to pursue justice for my husband whatever it took. My persistent insistence again earned me another two weeks in police lockup. When my parents begged for my release, I was let go on the condition that I withdrew the case within one month, which I never did. I instead fled to Mizoram state of India in April 2002 leaving my children with my parents. But life didn’t just get better there. Constant harassments and insecurity in Mizoram were enough lessons to convince that I would be better off going back to Burma so that I could reunite with my children. I had thought that I would be allowed back in the country if I gave in to the authorities by agreeing to withdraw the case against military officials. But when I sneaked back in, my parents had told me that I’d be safer elsewhere since I would be constantly targeted even after I withdrew the case. That was how I decided to leave for Malaysia. I arrived in Kuala Lumpur in March of 2003. I am currently seeking protection from UNHCR. My search for justice is now over, but the search for safety is just beginning.

 

 

 

 

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Jailed Professor On Hunger Strike

 

 

 

Chin Human Rights Organization

 

April 28, 2003

 

 

 

Dr. Salai Tun Than, a retired professor and a prisoner of conscience who is serving a seven-year sentence in the notorious Insein prison in Burma is staging hunger strike.

 

 

 

The 75-year old professor started a seven-day hunger strike from his hospital bed in Insein prison on Sunday, April 27, 2003 to draw international attention to his inhumane confinement, and to protest his inability to practice his religion while in prison in Burma.

 

 

 

An ethnic Chin Christian, Dr. Salai Tun Than was arrested on November 29, 2001, for publicly petitioning Burma’s ruling military regime, State Peace and Development Council for political reform in the country. He was subsequently sentenced to seven year in prison sparking an international outcry.

 

 

 

The professor’s health is reported to be in severe condition and his health problems are exacerbated by his advanced age and the inhumane conditions of his imprisonment. He is being held in Insein prison where medical facilities do not meet the basic standards.

 

 

 

Prison authorities are denying him possession of the Bible that his family gave to him, although he has been requesting it for more than a year. His requests to receive Christian Holy Communion (with the help of priest) inside the prison have also been refused by prison authorities.

 

 

 

Since his arrest, Dr. Salai Tun Than was allowed visits by the UN representatives and ICRC. However, he is reported to be interrogated by Military Intelligence and prison officials after each visit.

 

 

 

 

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Interview with Mr. Ngun Thawng

 

 

 

Chin Human Rights Organization

 

April 29, 2003

 

 

 

CHRO: Can you tell us a little bit about yourself?

 

 

 

Ngun Thawng: My name is Mr. Ngun Thawng. I am a Chin Christian farmer from Chin State of Burma. I am 28 years old.

 

 

 

CHRO: Where in Chin State are you from?

 

 

 

Ngun Thawng: I was born in Thau village of Thantlang Township.

 

 

 

CHRO: Where is your family currently?

 

 

 

Ngun Thawng: Our family moved to Kalaymyo (Sagaing Division) in 1983 from Chin State and my parents and other siblings are now living there.

 

 

 

CHRO: Can you tell us about your family?

 

 

 

Ngun Thawng: My parents are Pu Thang Lei and Pi Hniar Tial and we are 10 siblings including myself. Two of my eldest brothers already died. My eldest brother Mr. Mang Chum joined the Chin National Front in 1995. In September, 1998 he was captured by the Burmese troops and executed three days after his capture.

 

 

 

CHRO: Did your family experience any problems once the government was aware that your brother was a member of an opposition group?

 

 

 

Ngun Thawng: For the first three months since my brother’s death, we experienced no problems. Perhaps the authorities weren’t able to establish yet the link between him and our family. But after three months, military intelligence officers came to house and questioned us about my brother. They asked me why I didn’t report to the authorities while I was aware that my brother joined the CNF. They insisted that I tell them about the activities of my brother. I was then taken for questioning. They put me in a dark cell and left me there for three nights without food except for a bottle of water. Afterwards, I was questioned by one plain clothe officer and three other uniformed officers. While one of them was questioning me another officer was beating me.

 

 

 

CHRO: Did you suffer any physical injuries as a result of the beatings?

 

 

 

Ngun Thawng: My tooth was broken and as I was beaten with wooden rod. But there was no physical mark or scars.

 

 

 

CHRO: How long were you kept there?

 

 

 

Ngun Thawng: Seven days.

 

 

 

CHRO: Why were you released?

 

 

 

Ngun Thawng: My release was only temporary. But basically I was released because my brother’s name was already deleted from the family registration list, which meant that my brother was no longer a legal member of our family. They told me my case was still under investigation. And I wasn’t allowed to travel outside of town without the approval of the military intelligence.

 

 

 

CHRO: What else happened after you were released?

 

 

 

Ngun Thawng : They let me put my signature at their camp three times. Later they told me that they would ask me to go to them me if they needed me. However, they told me that I wasn’t allowed to go anywhere outside of Kalaymyo. I was working as self employed carpenter for our family survival.

 

 

 

CHRO: Why did you come to Malaysia?

 

 

 

Ngun Thawng: In March, 2001 I went to Sialam village, Than Tlang township Chin State, to sell Chin traditional dresses. On my way to Sialam, I met three members of Chin National Army who were collecting taxes from traders. When they asked me to pay taxes for my goods, I introduced myself as a brother of Mang Chum who as also a member of CNF and who was executed by the Burmese army. They told me they knew my brother very well and asked me to buy them a rucksack the next time I came around. But in January of 2003, I went to Hakha in connection with my business. There I met an ex-CNF member by the name of Dawt Cung who surrendered to the Burmese military. Dawt Cung happened to be one of the three CNF members who I had met back in 2001 at Sialam village. Because he already surrendered, he was being used by the military intelligence to identify anyone who had contacts with the CNF. Knowing that I was in trouble, I immediately left for Kalaymyo. Thereafter, I proceeded to Malaysia.

 

 

 

 

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New Town Makes People Cry

 

 

 

Chin Human Rights Organization

 

April 20, 2003

 

 

 

Rihkawdar village as it was known when it was a part of the Falam Township is situated in the Northeast area of the Chin Hills of Burma. Rihkawdar is situated two miles from the India-Burma border river (Tiau). There is a beautiful heart shaped lake that is approximately 3miles square located in Rihkawdar and in the immediate surrounding area there are another 40 villages. Falam itself is 70 miles from this border area.

 

FORCED LABOUR

 

 

 

Rikhawdar has recently been developed as a township in its own right. However, this title has been awarded by the military government and as an award it does not come without a price. A price of ‘forced labour’. The electric department has been instructed to install lights in the new town. By order from the government every eight households which form one group has to supply 13 telegraph poles. They have to be 25 foot long and 500Kg weight of a selected wood called Thingsefim (in Chin language). This specialised wood has to be sought after deep in the jungle it is not easily available in the region. When they find this wood each pole made has to be carried by 8 adults sometimes for many days.

 

 

 

The government said that they would pay Ks 3,000.00 (equivalent $3.35 approx.) for each pole. So far nothing has been paid, this is not an unusual case in Burma, they rarely pay for their labour.

 

 

 

The government has also ordered other villages to contribute by gathering firewood for the kiln in order to make bricks. They have asked for 30 metric ton (1000 kg) of firewood, these villagers from the surrounding areas were then asked to transport without payment the wood to the new town of Rikhawdar.

 

 

 

The villagers of Rihkhawdar were also asked to construct a jeep road for the government, to facilitate their army camp, the villagers were not paid.

 

 

 

FORCED LOCATION

 

 

 

The government occupied land owned by Mr. Zasiama in order to build an official township office.

 

 

 

Two houses owned by Mr. Piangthanga and Mr. Tlanlianathanga and some land were destroyed to build a hospital. When an extension was needed for this construction the government also occupied and destroyed the property of Mr. Sawivela and Mr. Zodinglura.

 

Both projects continue without compensation for any of these householders.

 

This regional development has utilized the villagers time, energy and expense, causing them to neglect there personal needs to grow food or tend to there own work. They continue to worry and suffer and starve.

 

[ Translated by Pu Malsawmliana from original Mizo version]

 

 

 

 

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UNHCR Office In India Comes Under Severe Attack By The Scandinavian Burmese Committees

 

 

 

Oslo: The office of the United Nations High Commissioner for Refugees in India shows absolute disregard to the plight of the 50,000 Burmese refugees languishing in India. An allegation of this nature was conveyed in a letter by the Burmese Committees in the four Scandinavian countries. Gro Anett Nicolaysen, Secretary General, The Norwegian Burma Committee, Tapani Ojast, Chairperson of The Finnish Burma Committee, Penny Davies, Chairperson, The Swedish Burma Committee, Anette Berentzen, Secretary General, The Danish Burma Committee were the joint signatories of a letter addressed to the Office of the UNHCR Chargé de Mission in India, located in New Delhi.

 

 

 

It becomes clear that those officials manning the UNHCR offices in the South and South East Asia consider themselves only as another UN Civil Servants and not as officers with a mission to safeguard the refugees affected with a life threatening situation.

 

 

 

The Scandinavian officials of the Burmese Committee have expressed in their introductory paragraph of their letter dated 27 February 2003: The Norwegian, Finnish, Swedish and Danish Burma Committees have learnt that Burmese refugees who seek protection from the Office of the United Nations High Commissioner for Refugees (UNHCR) in New Delhi, India, repeatedly are being neglected and ignored by the office. Moreover, we have been informed that deep frustration concerning UNHCR’s treatment has compelled six Burmese refugees to instigate a hunger strike in front of the UNHCR Office.

 

 

 

The letter which expresses disgust and dismay for the lethargic approach of the UNHCR’s office New Delhi point out: According to the Chin Refugee Committee/New Delhi, around fifty thousand Burmese refugees are residing in the Indian states of Mizoram and Manipur. The signatories have been informed that Burmese refugees residing in the State of Mizoram have been living under the constant threat of being evicted by the local authorities, and that this threat has intensified in the last two years. Burmese refugees have therefore fled to New Delhi to seek protection from the Office of the UNHCR. However, according to the information we have received, UNHCR does not respond to the refugees’ demands and rights. Instead, the refugees’ cases are left pending for months.

 

 

 

The Burmese Committee officials from the four Scandinavian countries explained in their letter that the Burmese refugees have fled from a brutal military regime. If those refugees are forcibly repatriated to Burma, they stand the risk of forced labour, forced relocation, as well as arrest and torture for involvement in democratic activities. Burmese Committee officials added: The ruling State Peace and Development Council may officially try to feign that they are eradicating human rights abuses. However, it is well documented that gross abuses are still going on, especially in ethnic minority areas.

 

 

 

The Norway, Denmark, Sweden and Finland Burmese Committee officials who are signatories to the letter with a specific subject, Regarding Burmese Refugees in India expressed their deep concern about the Burmese refugees’ situation in India and the refugees on hunger strike in particular. They have further emphasised that they have been informed that the health condition of those fasting refugees has seriously deteriorated and expressed fear of fatal consequences if UNHCR does not immediately respond to the situation.

 

 

 

Gro Anett Nicolaysen of Norway, Tapani Ojast of Finland, Penny Davies of Sweden and Anette Berentzen of Denmark the four signatories reiterated that this is not the first time that UNHCR has been criticized for neglecting the plight of Burmese refugees in India.While expressing regret over the lackadaisical treatment of the Burmese refugees in India, they reminded the UNHCR office that earlier in May 2001 Burmese refugees in Delhi went on a hunger strike demanding that UNHCR should recognize them as refugees and reminded even two years later the situation for the refugees has obviously not improved as they again see no other solution but to resort to extreme measures to achieve UNHCR’s attention.

 

 

 

Finally, they have urged that in light of the above, the signatories strongly advocate and earnestly press the Office of the UNHCR to immediately act upon the Burmese refugees’ demands by providing the needed protection and by recognizing them as refugees.

 

 

 

Source: Asian Tribune

 

 

 

 

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CHRO Presentation at the United States Department of State

 

 

 

The Chin Human Rights Organization had met with the United States Department of State on April 2, 2003. In the meeting, three bureau; Bureau for Democracy, Human Rights And Labor, Bureau for Migration, Population and Refugees, The Burma Desk Officer for The US State Department

 

 

 

April 21, 2003

 

 

 

First of all on behalf of the Chin Human Rights Organization we would like to express our gratitude for the opportunity to meet with the State Department of the United States of America. We are particularly appreciative of the fact that the meeting encompasses Bureau for Democracy, Human Rights and Labor, Bureau for Migration, Population and Refugees, and Burma Desk Officer of the State Department.

 

 

 

The statement issued by the State Department in the Country Reports of Human Rights Practice and International Religious Freedom Reports which touched on the present human right situation in Burma is encouraging to the continued movement for democracy and human rights in Burma. We are deeply indebted and grateful for the longstanding supports of the United States for Human Rights and Democracy in Burma.

 

 

 

In the past few years, in Burma, there’s been some “improvement” seen in the area of human rights situation: Daw Aung San Suu Kyi and some political prisoners have been released; the International Committee for Red Cross and International Labor Organization have been allowed to be present in the country; the Amnesty International was once allowed in last February to visit the country. As clearly pointed out, however, in the statement of the Amnesty International, there is still much more to be done for human rights condition especially in the ethnic national areas of the country.

 

 

 

Burma continues to be ruled by the military junta and the Chin along with other opponents of the regime, continue to face a multitude of human rights violations. Under Burma’s military regime, the Chin along with other ethnic group in Burma are not only facing gross human rights violations, but they are also losing their culture, literature, customs, and traditions. This situation has resulted in a massive humanitarian crisis, both inside and outside the country.

 

 

 

Approximately 50,000 Chin refugees, of men, women and children have sought refuge in India. Of these, only about one percent has legal recognition by the UNHCR and a great majority of them are at risk of deportation by the authorities under which they live. Thousands more are scattered throughout neighboring countries such as Bangladesh, Malaysia and Thailand while a great number of them are internally displaced. Their humanitarian need is of great urgency.

 

 

 

That human rights violation seems to be more rampant in the non-Burman ethnic regions is evidenced in the fact that one million internally displaced persons came from the non-Burman ethnic nationalities and a large majority of the two million refugees (out of which about fifty thousand are Chins) from Burma in neighboring countries are of the non-Burman ethnic nationalities. This seems to suggest that the ethnic nationalities of Burma are forcibly pushed to face a rather Burmanization systematically imposed by the successive Burmese governments than democratization of Burma.

 

 

 

Several attempts recently made by the United Nations Special Envoy to solve the longstanding political stalemate in Burma turned out to be non-productive endeavor due to emphasis given solely to the emergence of talk between the National League for Democracy and the military junta. This seems suggestive of the fact that the root cause of the unhealthy human rights and political situation in Burma is much deeper than the possible outcome of talk between the above two parties.

 

 

 

In order to solve human rights crisis in Burma, we believe that there need to be a meaningful political dialogue between the military junta, National League for Democracy party and leaders of ethnic nationalities in the country. As the ethnic nationalities (who owned 57% of landmass with more than 40% of the country’s population) are co-founder of the Union of Burma, it is necessary for them to participate in addressing the political future of the Union of Burma. This is crucial for bringing meaningful solution to Burma’s political turmoil.

 

It is of paramount importance to recognize and respect the right of the ethnic nationalities to determine their political future beginning with any process aimed at breaking political deadlock in Burma, because conflicts long-rooted in Burma are the direct result of failure to recognize this fact. We feel that it is important for the United States government and the world community to remain aware of this and adopt stronger measures against the Burmese military junta so that it will eventually be forced to undertake meaningful dialogue aimed at bringing peace, harmony and democracy to Burma.

 

Thank you.

 

 

 

To protect and promote human rights and democratic principles