ASEAN NGO SUMMIT "PEOPLE'S CALL FOR JUSTICE AND PEACE"

Source from thaingo, 19 Oct 2009

In the Name of Allah The Most Beneficient and Most Merciful .
On the specific plight of the Rohingyas as well as the people of Myanmar as whole, the governments of Myanmar and ASEAN are called upon to ensure
On the specific plight of the Muslims of South Thailand and all Thais as a whole, the governments of Thailand and ASEAN are called upon to ensure:
On the specific plight of the Bangsamoro of Mindanao, the governments of the Philippines and ASEAN are called upon to ensure:
On our part as NGOs, we undertake to:
Endorsed by :
Bangkok Declaration
ASEAN NGO SUMMIT "PEOPLE'S CALL FOR JUSTICE AND PEACE"
Islamic Center, Bangkok, Thailand
October 16th 2009

1. Nusantara Initiatives for Justice and Peace
2. Citizens International, Malaysia
3. TERAS, Malaysia
4. Secretariat for the Ulama Assembly of ASIA ( SHURA)
5. Muslim Care Malaysia
6. International Islamic Strategic Studies
7. Muslim Youth Movement of Malaysia
8. Ulama Association Of Malaysia
9. Muhammadiyyah International
10. Ikatan Ilmuan Nasional, Malaysia
11. Muslimah Action Council Of Malaysia
12. Burmese Rohingya Association in Thailand (BRAT)
13. United Islamic Rohingya Organization for Development
14. International Students Network
15. Young Muslims Association of Thailand
16. Persatuan Ulama Kedah, Malaysia
17. Pusat Advokasi Hukum dan Hak Asasi Manusia (Paham), Indonesia
18. Centre for Indonesian Reform (CIR)
19. Yayasan Generasi Baru Nusantara
20. World Assembly of Muslim Youth (Thailand Office)
21. Thai Muslim Students' Association, TMSA.
22. Deep South Women's Network for Peace
23. Council of Muslim Organizations of Thailand
24. Students' Federation of Southern Thailand
25. Rohingya Human Rights Association in Thailand
26. Muslim Students' Federation of Thailand
27. Islamic Culture Foundation of Southern Thailand
28. As-Salam Institute, Yala Islamic University
29. Muslim Group for Peace (Thailand)
30. Yala Muslim Community Radio Network
31. Muslim Attorneys Centre, Thailand (MAC)
32. Thai Islamic Medical Association (TIMA)
33. Students Federation of Thailand
34. Students' Network for Protecting People
35. Pencerdasan Ummat, Malaysia (Wadah)
36. Muslim Patani Association
37. Aman News Network, Thailand
38. Muslims Association of Krabi, Thailand
39. Association of Research and Development for Consumer Protection (Thailand)
40. Halal Consumer Protection Association of Thailand (HACPA)
41. Muslimah Sisterhood of Indonesia (SALIMAH)
42. Cross Cultural Foundation
43. Islamic Centre of Thailand
44. Muslim Relations Association of Krabi
45. Peoples' Empowerment (Thailand)take the lead in bringing about a greater understanding among our people and governments, and international organisations about the conflicts and the threat they pose for peace, security and development in the region;
to address the gross violation of human rights, seek remedies for all victims and press for the provision of adequate legal and administrative protection against human rights violations;
deliberate and adopt ways to empower the people through the improvement of their socio-economic conditions;
engage ASEAN and convince the member states to be wary of any military alliance with hegemons and to seriously pursue the goal of making Southeast Asia a zone of peace, freedom and neutrality, free from foreign interference;
to establish a strong network of NGOs in the ASEAN region linked to NGOs in other parts of the world, particularly in the U.S and the European Union, that share the same strategic vision and goals and that will closely cooperate towards the above aims;
to formulate and put in place a plan of action through the set up of a regional secretariat to oversee, coordinate all the above activities and evaluate the progress. the resolution of the Mindanao conflict by addressing the root causes of injustice, colonization, poverty, underdevelopment, displacement and the illegal encroachment of Bangsamoro territory
that the Moro peoples? right to self-determination be undertaken as a distinct and independent/autonomous entity as provided for by many international treaties, such as the UN Covenant on the Rights of Indigenous Peoples of 1994;
the support of peaceful avenues towards attaining and achieving that right, including through the support for the full implementation of the MNLF-GRP 1996 agreement and the ongoing peace process between the Government of the Philippines and the Moro Islamic Liberation Front
that past injustices in the form of land seizures and colonial settlements be redressed through the formulation of a comprehensive, balanced and just agreement - that does justice to the past as well as current situation - on ancestral lands through consultation and consensus with all stakeholders
that the Bangsamoro exercise control over their territories, including on the form and nature of the utilization, preservation and protection of natural resources to benefit the present and future generations;
that the Bangsamoro are supported in the development and establishment of an effective and constructive system of education and training that is accessible to all, young and old, and that preserves and promotes the positive aspects of their cultural heritage, traditions and history of the Bangsamoro people shall be maintained;
the guarantee of freedom of movement and speech that is just and true to the traditions and aspirations of the Bangsamoro;
the rights of all vulnerable groups, such as women, children and the disabled and elderly are, in all aspects, protected, defended and promoted and that the violation of these rights are punished to the full extent of the law;
the establishment of an economic system of economic and financial resources administration and management that is inspired by the Bangsamoro heritage and aspirations the end of the Emergency Decree, Martial Law and any other laws which can lead to the abuse and unfair persecution of the Muslims of South Thailand and that the people of South Thailand enjoy the basic human rights guaranteed by the Constitution of Thailand.
the end to all enforced disappearances, extra-judicial killings, arbitrary arrest, torture, extortion and harassment, including sexual harassment
punishment of those responsible for the commission of any of the above crimes
the end of the persecution, injustices and the culture and system of impunity put in place as part of the suppression in South Thailand;
all paramilitary or volunteer civilian 'defense' groups are disarmed in Yala, Narthiwat, Patani, Satun and some districts of Songkla as these have worsened the violence and created distrust between and among the local communities; the full recognition to all Rohingyas and other peoples of Myanmar the right to citizenship as nationals of their country
freedom of worship and the building/rebuilding and maintenance of all mosques, temples, churches and other religious institutions;
equal access to education and vocational training;
the end to all enforced disappearances, extra-judicial killings, arbitrary arrest, torture, rape, arbitrary taxation, extortion, forced slave labour and harassment
punishment, in the case of the commission of any of the above
freedom of movement;
freedom of matrimony and lift restrictions against marriages;
the end to illegal evictions, destruction of houses and confiscation of properties;
that all of Myanmar's peoples who are either internally displaced or living abroad as refugees who seek to return to their homelands are accepted and guaranteed their safety and dignity;
the opening of humanitarian space in Myanmar and the support of the humanitarian efforts by United Nations and non-governmental organisations there; and
the free and fair conduct of elections in 2010.

WE, the activists and members of the NGOs of the ASEAN region from member organizations of the Nusantara Initiative for Justice and Peace (NADI), on the occasion of the ASEAN NGO Summit in Bangkok,Thailand on the October, 16th 2009,

Remembering the tragic histories of the peoples of Myanmar, Southernmost Thailand and Mindanao and the lessons they offer to the present generations;

Reaffirming ASEAN as a regional initiative for multilateral co-orperation and mutual development;

Cognisant of the need for the encouragement of a people-to-people initiative for justice and peace within the Southeast Asian region;

Reminding all Heads of State/Government on the commitments declared in the 41st AMM 17 - 24 July 2008 in Singapore, on their obligations to the people in undertaking concrete and practical cooperation to address issues of common interests and with the view to build capacity, develop expertise and enhance coordination in areas that can contribute to the region's collective security objectives;

Reiterating the need to build an ASEAN Community that is socially just, economically sustainable, culturally rooted and vibrant, environmentally sensitive and politically stable;

Confirming that regional progress for peace and justice must be framed within the socio-economic needs and traditional and cultural roots of the people;

Affirming that all conflicts must be addressed through peaceful means on the basis of truth, justice and the rights of the people;

Condemning the high-handed military escalations and operations undertaken by many of our governments under the pretext of combating terrorism, separatism and radicalism, that have, thereby, acerbated the conflict, deepened the injustices and victimised the people by way, particularly, of arbitrary arrests, extortions, abductions, extrajudicial killings, torture, illegal confiscations of property, draconian laws and other violations of universal human rights;

Rejecting all economic, cultural, political and military intrusions and hegemony by powers outside the region through either covert or overt means; and

Noting with concern the ongoing conflicts in Myanmar, South Thailand and Mindanao and the adverse impact their perpetuation and escalation will have on the region as a whole in the absence of good will and sincere efforts towards reaching their just resolution,

HEREBY CALL ON ALL ASEAN GOVERNMENTS TO:honour the trust that the people have placed on them to guarantee the people's legitimate rights to justice and peace, to live in dignity, to the fulfillment of basic needs and to the equitable distribution of national resources;
eschew military options for the resolution of conflict but rather address and tackle all conflicts and disputes within the region peacefully and holistically in the spirit of healthy, harmonious, and cooperative regional co-existence and relations between States and peoples
promote engagement and consultation between States and their peoples and the need to live up to our collective responsibilities for the resolution of conflicts and disputes;
intensify regional and international cooperation for the promotion, sharing and implementation of policies and best practices to ensure fairness and justice and for the safeguarding of the interests, livelihood, and general wellbeing of the people;
resolve immediately the plight of the Rohingyas, the South Thailand conflict and the Bangsamoro struggle through mutual consultation and collective effort between all ASEAN governments based on the justice and legitimate rights of the people
engage with the governments of Myanmar, Thailand and Philippines in asserting the principle that the security and situation witin their juridications respectively impacts upon the security and situation of the region as a whole
work with the UN, the international community and civil society groups in protecting, assisting and according the rights of all peoples displaced from their homes by conflict or persecution to justice and fair treatment as expected by the States' own citizens and on principles of universal humanitarian grounds until such times as these same States can guarantee such displaced persons safe return to their homelands and dignified lives therein. This includes respecting the principle of non-refoulement, recognising them as persons seeking asylum and refraining from detaining them as mere undocumented migrants, and allowing UNHCR access to all asylum-seekers who have been detained in order to determine their status;
ratify the 1951 Convention Related to the Status of Refugees, its 1967 Protocol, the 1954 Convention Relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness and the 1990 International Convention for the Protection of the Right of All Migrant Workers and Members of their Families;
give more attention to women and children in being integral part of the solution
practice and promote values and practices of good governance that give high priority to the building of a culture of integrity, transparency and accountability and that rejects oppressive and corrupted regimes;
put in place measures to enhance regional cooperation to fostering the free flow of peoples across borders and encourage cultural and commercial exchanges within the ambit of sustainable regional growth and development;
ensure that all non-State parties that are crucial to the achievement of all the above - such as the media, corporations and civil society - play positive roles in enhancing understanding and cooperation, rather than animosity and conflicts;
undertake to consult among the member states of ASEAN and to adopt a common position on matters relating to defence that affect or constitute a potential threat to the collective security of our continent;
form nation-wide truth and reconciliation commission in the countries of Myanmar, Thailand and Philippines to rebuild justice and trust among all communities and institutions by addressing and tackling past human rights violation, reviewing all national security cases;
undertake efforts towards Islamic law, especially in Muslim personal/family matters
emphase dialogue, peace talks and negotiations at all levels; and
undertake a paradigm shift in the social, economic and political and administration of South Thailand towards demilitarization.

BRAT open letter to NDF

Source from burmadigest, 29 Aug 2009

To : The President
National Democratic Front of Union of Burma
P.O. Box – (101) , Maesod, Tak. 63110,

Dear Mr. President and Secretary General,

Subject: Burma democratic activities with deliberate exclusion of Rohingyas.

I kindly like to draw your attention with reference to the above subject. My name is Enayet Ullah, a Rohingya activist for restoration of genuine democracy in Burma and I presently reside in Thailand. I service under the name of Burmese Rohingya Association in Thailand (BRAT) since its inception in 2000.

It is really regretting to experience that most of the exiled Burma democratic movements have architected a policy of “Total Exclusion of Rohingya” from any democratic activities which is very identical with the military regime. It is really surprising that those organizations namely NCGUB, NCUB, ENC, etc who have been working to remove a regime of barbarity and brutality are seemed close allies of SPDC while deal with Rohingya.

Those activities amply reflect that you are striving not for genuine democracy in Burma rather military democracy with the slogan of human rights and dignity to gain support from democratic nations. Your ultra-attitude against minority Rohingya of Arakan is very doubtful and unacceptable that covertly supports the continuous operations of military junta to exterminate the generation of Rohingya from their home and hearth.
The history has revealed that Rohingya has actively participated in every election as a nation in Burma since its independence from British in 1948. They have had elective representatives, assembly representatives, legislative representatives, cabinet members and holding ministry post in every democratic government of Burma before military coup led by late general New Win. As such the elimination policy by exiled democratic parties is racially oriented and further disputable.

I therefore earnestly request to discontinue marginalization and reconsider invitation and participation of Rohingya in activities that aimed for democracy like other minorities and ethnicities whereby Rohingya are greatly contributing forces in restoration of democracy in Burma.

With highest regard,

Sincerely yours,
Enayat Ullah (General Secretary, Mobile No. 084-0263144 )
Burmese Rohingya Association in Thailand (BRAT)

Thailand’s Rohingya ‘deterrence’ breaks refugee obligations

Source from burmanewscasts, 27 May 2009

Thailand’s denial of entry to Burmese Rohingya refugees violates international legal obligations towards asylum seekers, claims the first full report into the mistreatment of Rohingya refugees in Thailand.

International outrage was sparked in January this year when photographs emerged of Thailand’s treatment of the Rohingya ‘boat people’, the majority of whom had fled Burma’s western Arakan state and sailed to Thailand.

The Rohingya, a Muslim minority, don’t have a citizenship of any country, and thousands are believed to have left Burma, many in the direction of Thailand’s southern coast.

According to the report released yesterday by Human Rights Watch, Rohingyas arriving on the Thai coast have been held on isolated islands with limited access from staff at the United Nations High Commissioner for Refugees.

“Steadily increasing numbers of Rohingya arriving in southern Thailand have sparked a deterrence policy that violates Thailand’s international legal obligations towards asylum seekers,” said the report, entitled Perilous Plight.

Thai authorities were found to have towed Rohingya boats back to sea with little supplies, a move which is in violation of international laws on refugees.

“Any refugees or migrant workers actually entering the country can’t be immediately dragged back to the sea; they have to be processed by the law and dealt with accordingly,” said David Mathieson, Burma consultant at Human Rights Watch.

Earlier this year, Thai Prime Minister Abhisit Vejjajiva acknowledged the towing of Rohingya refugees out to open sea, following denial from a navy chief that the allegations “were even possible”.

He added that it wasn’t in line with the authorities’ policy and that those responsible would be brought to account if enough evidence was found.

“Most Rohingyas see Thailand as a transit point, they don’t want to stay in Thailand; they want to go to Malaysia,” said Mathieson.

Thailand has reportedly claimed the Rohingyas are economic refugees, and a threat to national security.

Proposals to set up temporary holding centres have been dismissed, and they remain unrecognised as refugees, asylum seekers or undocumented migrants.

“There are actually very low numbers of Rohingya in Thailand as far as we know compared to other nationalities from Burma,” said Mathieson.

“Some people say that there’s 20,000 Rohingya in Thailand but I would say it is significantly less than that, just a few thousand.”

Burma has repeatedly claimed the Rohingya are originally from Bangladesh, not Burma, and have denied them citizenship or status as an ethnic minority. (JEG's: correct, in the old days in the 1500s, 1700s but the ones we are dealing with right now were born in Burma therefore they are Burmese with all the human rights entitlements)

Most of the Rohingyas in Arakan state rely on international aid organisations for survival.

Reporting by Rosalie Smith

 

Australia ups aid for Rohingyas

1) Australia vows more aid for Rohingya ($3.2m)
April 15, 2009, smh

http://news.smh.com.au/breaking-news-world/australia-vows-more-aid-for-rohingya-20090415-a74n.html

 

2) Australia ups aid for Rohingyas  ($1.5m)

5 March 2009, bbc

http://news.bbc.co.uk/2/hi/7925216.stm

 

"Australia vows more aid for Rohingya" 

 

Australia pledged more help for Burma's persecuted Rohingya people on Wednesday as Foreign Minister Stephen Smith pressed for improved treatment of the Muslim minority.

He met bilaterally with Burma's deputy minister for home affairs and police chief, Brigadier General Khin Yee, on the sidelines of the Bali Process meeting on people smuggling and transnational crime.
Mr Smith, who co-chaired the Bali summit, pressed the Burmese representatives on the Rohingya issue.

 

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"Australia put to Myanmar (Burma) all the human rights, democratic and rule of law issues that we have in the past," he told reporters later.
"The response I got from the police chief was along the lines... of the traditional response of Myanmar to not accept the notion of citizenship."

The Rohingyas are denied citizenship in mainly Buddhist Burma and human rights groups say they face repression and poverty.
Thousands have fled the junta-ruled nation to neighbouring Bangladesh, while others have sought safety in other South-East Asian countries.

Their plight gained international attention earlier this year when Thailand's military was accused of towing hundreds of the refugees out to sea in poorly-equipped boats with scant supplies after they fled Burma.
Although the conference failed to agree on concrete solutions to deal with the problem of Rohingya asylum seekers, Mr Smith said the summit helped "focus" affected countries on the problem.
"It's an acute problem and I don't think anyone is under any illusions that this problem can be solved overnight, or in one season," he said.

Mr Smith announced Australia would provide an extra $3.2 million in humanitarian aid to Rohingyas living in Burma's northern Rakhine State, to improve their living conditions and give them better economic opportunities.

"Australia is concerned about the deteriorating living conditions and increasing marginalisation of the Rohingya people in Burma and in refugee camps in Bangladesh," Mr Smith said.
"Their already parlous situation has been exacerbated by poor rice harvests, the rising price of basic food items and enforced restrictions on their movements."

The conference agreed to establish an "ad hoc group" to intervene in regional migration crises and emergencies, at the request of affected countries.
During his opening address to the conference, Mr Smith said the circumstances driving people smuggling had changed and the region had to keep up.

"The current global financial and economic crisis may well also encourage more people to seek economic opportunities outside of their own borders," he said.

Earlier, Mr Smith welcomed news that Indonesia had agreed to extradite accused Afghani people smuggler Amanullah Rezaie who was arrested on Monday.
"I welcome very much the provisional arrest," he said.
"That particular individual is wanted for people-smuggling charges in Australia."

Thailand Warns Angelina Jolie Over Comments On Rohingyas

Source from thaivisa, 11 Feb 2009


BANGKOK: -- Thai government is not happy with US actress Angelina Jolie and the United Nations High Commission for Refugees for criticising that Thai government did not respect Rohingya boat people's human rights

Thai Foreign Ministry's Permanent Secretary Virasakdi Futrakul said the Rohingya's presence in Thailand is a hot issue. ""It was a coincidence that the Rohingya was a hot news issue at the time. We must warn UNHCR that they should not comment on the matter because they have no mandate."

The warning came after UNHCR's goodwill ambassador Jolie who visited Burmese camps along Thai border last week criticised Thai government of ignoring the plight of Rohinyas and suggested that Thai government should take better care of the Burmese ethnics.

Virasakdi told reporters that Angelina was not focused on the Rohingya, but was visiting Burmese refugee camps.

"The UNHCR should not have brought Jolie, its goodwill ambassador, to one of the nine refugee camps stringing the border which are run by Thailand's interior ministry."

"The Thai government will issue a reprimand letter to UNHCR, asking why it allowed Angelina Jolie to visit the refugee camps," Virasakdi told reporters.   -- The Nation 2009-02-11


Jolie chastised by Thai government over ‘Myanmar migrants’ comments
Source from buzg.com, 12 Feb 2009

London, Feb 12 (ANI): American actress Angelina Jolie has earned herself the ire of the Thai government after she commented on the plight of Myanmar migrants.
Jolie and Brad Pitt had visited a refugee camp on the Thai-Myanmar border last week, as part of her role as a goodwill ambassador for the United Nations (U.N.), and the migrants there told her that the Thai military was mistreating them.

Upon hearing their story, Jolie issued an emotive plea to the Thai government urging the authorities to respect the rights of the Rohingya, a Muslim ethnic group from Myanmar.
In her plea the Tomb Raider star asked the Thai government to be “just as generous to the Rohingya refugees who are now arriving on their shores” as they were to the Ban Mai Nai Soi camp’s, 18,000 other refugees from Myanmar.

The Thai army has been accused of detaining and torturing hundreds of Rohingya who, in recent months, fled to Thailand to escape poverty in Myanmar.

But now Jolie has been reprimanded by Thai officials for her comments, and they have stated that the United Nations refugee agency should not have allowed her to visit the centre.
“Angelina was not focused on the Rohingya, but was visiting Myanmar refugee camps,” the Daily Express quoted Virasakdi Futrakul, permanent secretary of the Thai foreign ministry, as saying.

“It was a coincidence that the Rohingya was a hot news issue at the time, therefore we must warn (U.N. refugee agency) UNHCR that they should not comment on this issue because they have no mandate on this issue.
“The Thai government will issue a reprimand letter to UNHCR asking why it allowed Angelina Jolie to visit the refugee camps,” he added.
A representative for UNHCR claims that the Thai Ministry of Interior issued camp passes for both Jolie and Pitt. (ANI)

Rohingya refugees in Malaysia protest Thai actions against boat people

 

Source from channel news asia, 12 Feb 2009

 

KUALA LUMPUR : Rohingya refugees in Malaysia held two protests in Kuala Lumpur on Thursday to highlight the plight of their compatriots.

Less than 100 of them turned up at the Thai Embassy to protest against the alleged abuse of Rohingya boat people seeking refuge in Thailand.

They forwarded a memo to embassy staff in which they "condemned Thailand's atrocious human rights record".

On the alleged mistreatment of the boat people by the Thai military, they called for the issue to be brought before the International Court of Justice.

The group then moved on to the Bangladesh Embassy, where they protested the mistreatment of Rohingya refugees detained in Bangladesh.

Over the years, hundreds of thousands of Rohingyas have fled to neighbouring Bangladesh to escape persecution in Myanmar. But they receive little or no support from the Bangladeshi government. - CNA /ls

..........some photos of one of the protest in relation to boat people added by BRAT..............

...........Burmese people protest at Bangladesh embassy, KL

.............Burmese protest at Burmese emabssy, KL

......................memo handing over to a senior staff from Burmese emabssy, KL

...................Burmese protest at Thai emabssy, KL

 

....................memo handing over to a senior staff from Thai-embassy in KL

 

Myanmar Envoy Brands Rohingya "Ugly As Ogres"

Source AFP, 10 Feb 2009

HONG KONG (AFP)-- Myanmar's senior official in Hong Kong has described the Rohingya boatpeople as "ugly as ogres," as a high-profile refugee case has highlighted the group's plight, a report said Wednesday.

The country's Consul General Ye Myint Aung wrote to heads of foreign missions in Hong Kong and local newspapers insisting the Muslim tribe should not be described as being from Myanmar, the South China Morning Post reported.

"In reality, Rohingya are neither Myanmar people nor Myanmar's ethnic group," he said.

The envoy contrasted the "dark brown" Rohingya complexion with the "fair and soft" skin of people from Myanmar, according to the Post.

"It is quite different from what you have seen and read in the papers.

(They are as ugly as ogres)," Ye Myint Aung was said to have written. It is not immediately clear why the phrase was in brackets in the original letter.

The Rohingya are stateless and face religious and ethnic persecution from Myanmar's military regime, forcing thousands to take to rickety boats each year in a bid to escape poverty and oppression, rights groups say.

But Myanmar's junta denies the existence of the Rohingya as an ethnic group in the mainly Buddhist country and says the migrants are Bangladeshis.

Thailand's military was accused in January of towing hundreds of Rohingya out to sea in poorly equipped boats with scant food and water after they tried to flee Myanmar, a charge Thailand has "categorically denied."

The accusations surfaced after nearly 650 Rohingya were rescued off India and Indonesia, some saying they had been beaten by Thai soldiers.

Hundreds of the boat people are still believed to be missing at sea.

The case has raised the profile of the group's struggle, prompting Ye Myint Aung's letter, the Post said.

No one from Myanmar's Hong Kong consulate was immediately available to comment when contacted.

.........................

Pl see the letter attached by BRAT

 

Over 90 organisations worldwide call for Rohingya and Bangladeshi protection

Statement on the treatment of Rohingya and Bangladeshi ‘Boat People’ in Asia - February 6, 2009
Source from asi-pacific-solidarity.net,
 
We, the undersigned organizations, are extremely concerned about the treatment of over a thousand Rohingyas from Burma and migrants from Bangladesh who have been forcibly expelled and abandoned in international waters by the Thai security forces since December 2008.
 
Over the past few weeks, several boats have been rescued off the coasts of Indonesia and the Andaman Islands of India. Survivors tell of having been detained in Thailand, beaten, and towed out to sea on boats without engines or sufficient food and water. Several hundred remain missing and are feared dead.We are also concerned about the fate, including possible refoulement, of the Rohingya who remain in detention in Thailand, Indonesia and India. If Rohingyas are returned to Burma they could face widespread human rights violations, including forced labour, forced eviction, land confiscation and severe restrictions on freedom of movement. Refoulement of such individuals is prohibited under customary international law.
Background
Over the past two years, the number of people leaving Bangladesh and Burma by boat for Southeast Asia has grown. They have fled in search of protection, safety and/or work. Most are Rohingyas, a Muslim minority from western Burma.
The Rohingya have been rendered stateless in Burma and have experienced systematic discrimination, exclusion, and human rights violations in Burma for decades, prompting hundreds of thousands to seek refuge in neighbouring countries, most notably Bangladesh, Malaysia and Thailand. Most are without legal status and are vulnerable to arrest, imprisonment, detention and deportation.
Aside from the Rohingya, millions of ethnic minorities and political activists have fled Burma, fearing persecution, violence and human rights abuses.
Specific Concerns
We are concerned by the following reports about the Rohingya:

• The ill-treatment and failure to provide adequate assistance to hundreds who were arrested and detained in Thailand. Since December 2008, those captured at sea by the Thai Navy were directly transferred to the custody of the Thai Army at Koh Sai Daeng. Despite their weak condition, they were not provided with adequate food, were forced to sleep outside under armed guard, and were subject to ill-treatment such as kicking and beatings with a stick. They were then forced to board boats that were not seaworthy, were given inadequate provisions, and then towed out to sea and abandoned.
• Those who initially refused to board the vessel were threatened at gunpoint. Four men were thrown overboard with their hands tied.
• Hundreds, perhaps thousands, remain missing, including children.
• Thailand and Indonesia have announced their intention to deport the Rohingya in their custody.

We recognize that:

• The Indonesian and Indian Governments have conducted rescue at sea operations, providing relief and medical attention to rescued Rohingyas and Bangladeshis.
• On 26 January 2009, the Thai Government transferred 78 new arrivals to Police and Immigration authorities rather than the Army.
• The Thai Government has indicated that it will postpone the deportation of the 78 Rohingya arrivals until further investigation of their injuries. The Thai Government has also called for a regional solution to the plight of Rohingya.

Recommendations

Given the gravity of situation, we recommend that:
The Burmese Government:

• End the systematic persecution of the Rohingya ethnic minority and recognise them as citizens with full rights and protection.

The Thai Government:

• Cease forcibly expelling the Rohingyas, which is in violation of international law. Investigate serious allegations of mistreatment by the Thai security forces which may be in serious violation of Thailand’s obligations under the 1984 the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and bring to justice those responsible.
• Ensure that detainees have access to humanitarian assistance, protection and independent legal counsel by relevant international and local agencies. The UN Refugee Agency (UNHCR, the UN High Commissioner for Refugees) should have access to all detainees to ensure fair determination of their status.
• Facilitate an open and independent inquiry by the Thai National Human Rights Commission and/or an international body into the allegations of human rights violations, providing them with full access to survivors and detainees, relevant government and army officials, and records related to the events.

The Indonesian and Indian Governments:

• Respect the principle of non-refoulement in relation to those rescued at sea and currently being detained.
• Ensure that detainees have access to humanitarian assistance, protection and independent legal counsel by relevant international and local agencies. UNHCR should have access to all detainees to ensure fair determination of their status.

The Bangladeshi Government:

• Uphold its international obligations as a country of first asylum to ensure the protection and assistance of Rohingya with the support of the international community.

The members of the Association of South East Asian Nations (ASEAN), the Bay of Bengal Multi-Sectoral Initiative for Technical and Economic Cooperation (BIMSTEC) and the South Asian Association for Regional Cooperation (SAARC):

• Launch immediate search and rescue operations for the remaining boats pushed back into international waters, as well as other boats of migrants reported to have left Bangladesh.
• Work with the UNHCR, the international community and civil society groups to find equitable regional solutions that meet the protection needs of those forced to leave Burma, with responsibility-sharing arrangements regionally and internationally.
• Urge the Burmese Government to stop the systematic persecution of the Rohingya minority, which is the root cause of their flight to neighbouring countries.
• Meet their obligations as state parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1974 International Convention for the Safety of Life at Sea (SOLAS) and the 1979 International Convention on Maritime Search and Rescue (SAR).
• Urge all members to ratify the 1951 Convention Related to the Status of Refugees, its 1967 Protocol, the 1954 Convention Relating to the Status of Stateless Persons, and the 1990 International Convention for the Protection of the Right of All Migrant Workers and Members of their Families.

The United Nations and the International Community:

• Continue to support the governments of Bangladesh, Malaysia, Thailand and its neighbours to find a durable solution to the protection needs of Burmese refugees throughout the region, ensuring consultation with civil society.
• Engage the Burmese Government to solve the ongoing human rights crisis there, including amending the 1982 Citizenship Law which renders the Rohingya stateless.
• Ensure that urgent humanitarian assistance is provided to Rohingyas and Bangladeshis who have fled on boats.
• Ensure that human rights complaints related to the treatment of these people are thoroughly investigated and reported to the Human Rights Council

This statement was written by members of the Asia Pacific Refugee Rights Network (APRRN), and has been endorsed by the following organizations and individuals:

Australia

1. A Just Australia
2. Act for Peace, National Council of Churches Australia (NCCA)
3. Austcare
4. Burmese Rohingya Community in Australia (BRCA)
5. Children Out of Detention (ChilOut)
6. Dr Savitri Taylor, School of Law, La Trobe University
7. Rosie Scott, International Detention Coalition
8. The Association of Survivors of Torture and Trauma (ASeTTS)
9. The Asylum Seeker Resource Centre
10. The Ethnic Communities Council of WA and the Multicultural Services Centre of WA
11. The Refugee Council of Australia
12. The South Australian Refugee Health Network
13. The Victorian Foundation for Survivors of Torture
14. Union Aid Abroad APHEDA
15. West Coast Refugee Sanctuary Group Inc.
16. Westgate Baptist Community

Bangladesh

17. Ain o Salish Kendra (ASK)
18. Empowerment through Law of the Common People (ELCOP)
19. IMA Research Foundation
20. Odhikar

Burma

21. Arakan Rohingya National Organisation (ARNO)
22. Shan Women’s Action Network

Egypt

23. The Egyptian Foundation for Refugee Rights

Hong Kong

24. Hong Kong Refugee Advice Centre

India

25. Centre for Development and Human Rights

Indonesia

26. Human Rights Working Group
27. Indonesian Legal Aid Foundation (YLBHI)

Kenya

28. David Dickson, Solidarity House International

Korea

29. Korea Women’s Hotline
30. Korean Public Interest Lawyers Group (GONGGAM)
31. The Refugee Pnan

Lebanon

32. Frontiers Ruwad Association

Malaysia

33. All Women’s Action Society
34. Amnesty International Malaysia
35. Borneo Child Aid Society/Humana
36. Building and Wood Workers International (BWI)
37. Center for Orang Asli Concerns
38. Civil Rights Committee of Kuala Lumpur and Selangor Chinese Assembly Hall
39. Coalition of Burma Ethnic Groups in Malaysia (COBEM)
40. Community Residents Association of Selangor and Federal Territory (PERMAS)
41. Council of Churches of Malaysia
42. Health Equity Initiatives (HEI)
43. Empower (Persatuan Kesedaran Komuniti Selangor)
44. Jaringan Rakyat Tertindas (JERIT)
45. Justice, Peace and Solidarity In Mission, The Good Shepherd Sisters
46. Kumpulan ACTS
47. Malaysia Youth and Student Democratic Movement (DEMA)
48. Organization of Karenni Development (OKD)
49. Pusat Jagaan Kanak Kanak NurSalam, Chow Kit
50. Pusat Komas (Community Communication Centre)
51. Suara Rakyat Malaysia (SUARAM)
52. Tenaganita (Women’s Force)
53. The National Human Rights Society (HAKAM)
54. Women’s Aid Organisation
55. Workers Organisation

Mongolia

56. National Center Against Violence

Nepal

57. All Nepal Women’s Association
58. INHURED International

Pakistan

59. ESCR-Asia
60. Pakistan International Human Rights Organization (PIHRO)

Philippines

61. Center for Migrant Advocacy
62. Foundation for Media Alternatives (FMA)
63. The Pax _Romana-International Movement of Catholic Students
64. Virgilio “Boy” Hernandez

Singapore

65. Singapore Working Group for Asean Human Rights Mechanism (MARUAH)
66. UNI Apro

South Africa

67. Lawyers for Human Rights

Sri Lanka

68. Andrew Samuel, Community Development Services, Colombo
69. Commission for Justice and Peace (CJP) of the National Christian Council of Sri Lanka
70. South Asian Network for Refugees, IDPs & Migrants (SANRIM)

Thailand

71. Alternative ASEAN Network on Burma
72. Arakan Project
73. Mekong Ecumenical Partnership Program, Christian Conference of Asia
74. Serge Auguste, Maryknoll
75. Shining Som Mekong Alumni Network
76. U.S. Committee for Refugees and Immigrants (USCRI)

United Kingdom

77. Forest Peoples Programme
78. The Equal Rights Trust

United States

79. Asylum Access (US/Thailand)
80. Church World Service, Immigration and Refugee Program
81. Florida Immigrant Advocacy Center
82. Refugees International
83. U.S. Committee for Refugees and Immigrants (USCRI)

Zambia

84. Africa Internally Displaced Persons Voice (Africa IDP Voice)
Regional/International
85. Asia Pacific Forum on Women Law and Development (APWLD)
86. Asian Solidarity for Peoples’ Advocacy (SAPA)
87. Christian Conference of Asia
88. Coordination of Action Research on AIDS and Mobility (CARAM Asia)
89. Global Alliance Against Traffic in Women (GAATW)
90. International Detention Coalition
91. Nonviolence International Southeast Asia (NISEA)
92. The Asian Center for the Progress of Peoples
93. The Asian Human Rights Commissionl

United States Says United Nations Should Screen Rohingya Migrants

Source from US Policy, 03 Feb 2009

United States has resettled some Rohingya referred by U.N. agency.

By Stephen Kaufman
Staff Writer

Washington — The Obama administration says countries to which Burmese Rohingya migrants have fled should carefully screen them — with the involvement of the U.N. High Commissioner for Refugees (UNHCR) — to determine if they need protection.

The United States considers the Muslim Rohingya people, who live mainly in the Burmese state of Northern Rakhine, to be a religious and ethnic minority that is being persecuted by the country’s military regime.
Burma does not recognize them as citizens, despite their centuries-long presence in the country. The junta also has placed severe economic, travel and other restrictions on the community and forcibly converted some to Buddhism. (See “Burma’s Muslims Are Long-standing Victims of Military Regime.”)

Agence France Presse (AFP) reported February 3 that Indonesian fishermen had found a group of nearly 200 Rohingya men adrift off the northern tip of Sumatra weeks after the men attempted to flee to Thailand in makeshift boats. The survivors told AFP they had been detained and beaten by Thai military personnel before being sent back to sea on boats without motors or adequate food and water supplies.
An additional 650 Rohingya were found in Indonesian and Indian territorial waters in January, AFP said, and nearly 1,000 Rohingya attempted to flee by sea to Thailand in 2008.

Laura Tischler, a spokesman for the U.S. State Department, told America.gov February 3 that a small number of Rohingya who had been referred by UNHCR had been accepted by the United States for resettlement. The Obama administration also will “consider additional referrals … on a case-by-case basis,” she said.

Along with urging countries to work with UNHCR to determine who needs protection, the United States called on Burma’s neighbors to “press the government of Burma to end its persecution of Rohingya,” so that “those who have already fled can return home safely,” Tischler said.
She added that the Obama administration welcomes efforts by other concerned governments to work together on a common approach for protecting Rohingya people.

BRAT Statement on 61st Independent Day

On behalf of BRAT, would like to celebrate the 61^st   Independent day of the Union of Burma with depress and distress.

It was in 4^th January 1948, Burma the named of gotten Independent from Britain with a lot of misery and sacrifices of not only Burmans but also all racial people living in Burma. But it was only a transition the power from imperialism to a purified, Burmanized Buddhism, where not only gave the birth of racial, religious riots but also created the system of hatred policy as well as dominated on minorities by majorities without their (minorities) will, especially on our Rohingya people, who have been rightly called the worst victims of Burmese government’s crimes against humanity.

 Now 61 years later when we are going to count what we have got and lost, it can be seen clearly that the Military’s misrule brings misery for the Burmese people, so, many of the ethnic leaders are realizing that, these Burmans are betrayed to them (minorities) and it continuing till today on all racial including Rohingya, minority,. It is questionable that, either, of the country ruler, regime or the so-called exiled democratic leaders who are crying out and using the word of democracy restorers are not much different, where they both (exiled leaders and regime) are violating and showing disrespect of the minority’s rights. Additionally, the so-called Burmese democracy leaders within the Burmese dissidents have been denying the Rohingya issue, esp. the impact of the 1982 Citizenship Act, which has effectively forced them to as "stateless" people of Burma. A richest country in the Asia in 1958 survey, dragged to a poorest country in the world now, in spite of its gem stone, timber, oil and gas reserves, people have not got any benefit from this massive of wealth except the regime.

This is the time to consider, that the people of Burma wanted, in stead of bewildering to understand any request from the people of Burma by the worst regime. Subsequently, we all democratic forces have to change the discriminating policy and take step to work with purified heart for the sake of all racial with equal.  Unilaterally, we will work much harder than we are doing now and providing opportunity of accommodating to all racial activists in equal to play the role of politics to change militarization to democratization including those of Rohingya.

BRAT Information Desk