India: Halt All Forced Returns to Myanmar

Sub-title: 

Returned Refugees Face Risks to Life, Liberty Under Oppressive Junta

Description: 

"The Indian government should halt any plans to deport ethnic Rohingya and others to Myanmar, where they would be at risk from its oppressive military junta, Human Rights Watch said today. On March 6, 2021, the authorities in Jammu and Kashmir detained nearly 170 Rohingya, sent them to a holding center as part of a verification process, and said they plan to deport them. Myanmar authorities have also asked the Indian government to return eight police officers who with their families sought refuge in India after the military coup. Since the February 1 coup, when the Myanmar military overthrew the democratically elected government, the security forces have used excessive and lethal force against peaceful protesters throughout the country. They have killed at least 55 people and carried out hundreds of arbitrary arrests and detentions including enforced disappearances. The junta has amended laws to strip away basic rights, brought politically motivated prosecutions, and intermittently blocked internet access. “Any plan to forcibly return Rohingya and others to Myanmar will put them back in the grip of the oppressive military junta that they fled,” said Meenakshi Ganguly, South Asia director. “Myanmar’s long-abusive military is even more lawless now that it is back in power, and the Indian government should uphold its international law obligations and protect those in need of refuge within its borders.” The recent detention of Rohingya in Jammu and Kashmir follows the Indian government’s announcement in 2017 that it would deport all Rohingya, whom they consider to be “illegal immigrants.” Since October 2018, the Indian government has deported 12 Rohingya to Myanmar, claiming that they left voluntarily. Many Rohingya in Jammu and Kashmir say that they hold identity documents issued by the United Nations High Commissioner for Refugees (UNHCR) and that they feared for their safety in Myanmar. Over a million Rohingya have fled Myanmar, primarily to Bangladesh, most of them since the military’s campaign of ethnic cleansing that began in August 2017. The 600,000 Rohingya remaining in Myanmar’s Rakhine State face severe repression and violence, with no freedom of movement, no access to citizenship, or other basic rights. Abuses against the Rohingya in Rakhine State amount to the crimes against humanity of apartheid and persecution, Human Rights Watch said. “We are not ready to go back, until the situation improves in Myanmar,” said Mohammad Saleem, 42, a Rohingya refugee in Jammu and Kashmir. “It is extremely distressing for us to be sent back to Myanmar against our wishes.” Indian authorities nonetheless say that they will deport Rohingya irregular immigrants not holding valid travel documents required under the Foreigners Act. But any forcible returns to Myanmar will violate the international legal principle of non-refoulement, which prohibits countries from returning anyone to a country where they may face persecution, torture, or other serious harm, Human Rights Watch said. Although India is not a party to the 1951 UN Refugee Convention or its 1967 Protocol, non-refoulement is recognized as customary international law and is binding on all countries. Human Rights Watch has extensively documented rampant and systemic human rights violations against the Rohingya in Myanmar. The International Court of Justice (ICJ) in January 2020 imposed provisional measures on Myanmar to prevent genocide while it adjudicates alleged violations of the Genocide Convention. The International Criminal Court (ICC) in November 2019 began an investigation into Myanmar’s forced deportation of Rohingya and related crimes against humanity..."

Source/publisher: 

"Human Rights Watch" (USA)

Date of Publication: 

2021-03-10

Date of entry: 

2021-03-10

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar, India, Bangladesh, Global

Language: 

English

Resource Type: 

text

Text quality: 

    • Good