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No Repatriation for Burmese Refugee



Subject: No Repatriation for Burmese Refugees.


Mr Ne Oo,
		I have read your message about repatriation of Burmese 
refugees from Thailand and Australia. I have to ask you first  Are you 
sure a refugee?, Have you been in Thailand like Burmese refugees?, Did 
you participate in pro-democracy movement in Burma in 1988 and How did 
you get your refugee status in Australia? I think you should answer these 
questions first and then go back to Burma like Rohingya refugees through 
Bangladesh.

	I  would like to explain the guanine situation in Burma and 
Burmese refugees in Thailand and Australia which you do not understand. 
In Burma, thousands of people are in fail for voicing their opinion, 
thousands more are forcefully being used as porters and human shields, 
hundreds of women are raped every day at gun point by SLORC soldiers. 
Political prisoners are also still in prison. There are torture of 
detainees, forced labour, inhuman treatment, arbitatry, arrests, 
detention, ill-treatment in detention by SLORC. There are no freedom of 
expression, no fundamental human rights, no system of democratic practice 
in Burma. SLROC ignored the results of 1990 elections and has not changed 
its original military objectives to incorporate political reform. Many 
students are still in jail. Do you know that SLORC is not the legitimate 
government of Burma? You may think, SLROC reached the cease-fire with 
ethnic groups. That is not the end to change Burma to be democratic 
country. A cease-fire agreement in itself cannot provide protection 
against such human right violations. You should listen the voice of 
Burmese people inside Burma what they say. Daw Aung San Suu Kyi said  I 
have been released. That is all. Nothing has changed and The political 
situation in military-ruled Burma has not improved since my release. You 
should also read the report about human rights violations by SLORC. 
According to the Human Rights Watch/Asia report, an unknown number were 
arrested when they returned to Burma, including at least eleven young men 
who received 8 and 20 prison sentence. So we never trust any promise of 
SLORC because they often break their words.

	Secondly, I will explain about the situation of Burmese refugees 
in Thailand. Thai officials deported more than 150 Burmese refugees to 
Burma from a repatriation center in Tak province in 1989. This violated 
the prohibition on Refoulment in international law. When concerns were 
raised regarding the repatriation, the Tak center was closed on Mar 31, 
1989. After that, There were three deportation of Burmese nationals: 141 
Burmese students on 25 April 1991, 41 of whom were UNHCR Persons of 
Concern and one Burmese student Ye Htay. Ye Htay, a Person of Concern to 
UNHCR, was repatriated into the hands of the SLORC without his own 
willingness in Thailand  on 20th June 1991. Burmese students beleive that 
Ye Htay has been detained for long years sentence in a prison. Therefore, 
Amnesty International is still concerned that the treatment of 
asylum-seekers in Thailand: and that some refugees are subject to return 
to country where they may face serious risk of human rights violations. 
Burmese students in Thailand are also concernment to be repatriated to 
Burma. Return of refugees directly contravenes the principle of 
Non-Refoulment, as stated in the 1951 Convention relating to the status 
of refugees:
	 No contracting state shall expel or return a refugee in any 
manner whatsoever to the frontiers of territories where his life or 
freedom would be threatened on account of his race, religion, 
nationality, membership of a particular social group or political opinion.

	Rohingya refugees in Bangladesh and Burmese refugees in Thailand 
have very different situations of leaving the country (Burma). Burmese 
refugees in Thailand are forced to leave their beloved country due to 
severe repression and human rights violations in Burma. Burmese students 
in Thailand are seeking political sanctuary. UNHCR in Thailand just 
recognised the Burmese students as Persons of Concern because the 
operations of the UNHCR in Thailand are strictly limited by the Thai 
government. The operations of the UNHCR in Thailand are strictly limited 
by the Thai government. You don not understand the situation of Burmese 
students, you thought they are refugees, that is all. If you want to know 
the lives of  the Burmese students, go to Thailand and say please help 
me, I want to know your life to a Burmese. Why they have to leave Burma? 
I think, not like you. Burmese students have to leave from the political 
situation in Burma in 1988. They are not economic migrants or refugees. 
They were political activists who participated in pro-democracy movement 
in Burma in 1988. Unfortunately, they have been recognised as Refugees. 
Other Burmese refugees in Thailand have to leave the country because of 
human rights violations by SLORC. There are four main elements in the 
refugee definition: well-founded fear, persecution, reasons of race, 
religion, nationality, membership in a particular social group or 
political opinion, and outside the country of origin. A refugee has the 
right not to be sent back to the country of origin (Non-Refoulment). This 
could be a matter of life and death.

	Thirdly, Burmese students in Australia are not economically 
refugees. They took part in pro-democracy movement in Burma in 1988 as 
well. They lived in Burma-Thailand border areas for years to continue 
their struggle for democracy in Burma. They have been selected by the 
Australian government to continue their education in Australia and some 
of those have been recognised as Permanent Residents in Australia. They 
are really different with your refugee status. Burmese students in 
Australia are political activists who were in the pro-democracy movement 
in Burma in 1988.

	Finally, you should know the individual rights of Burmese 
refugees and Burmese students in Thailand and Australia. Can you offer a 
guarantee for the safety of refugees who return to Burma? Please you go 
first to Burma and then come back to Australia. Do not want to put 
Burmese refugees and students into the hands of slaughters of Burma. 
Refugees must not be returned to any country where they would face 
persecution. You should respect the rights of refugees on accordance with 
the Universal Declaration of Human Rights. Respect also the Burmese 
people who lost their lives in the struggle for democracy and human 
rights in Burma, do not try to step on their blood for your stupid ideas. 
Repatriation is not the right solution for Burmese refugees in this time. 
We should consider to protect Burmese refugees in Thailand and offer the 
resettlement program to a third country instead of repatriation to Burma. 
The International community should relieve Burmese refugees by offering 
third country resettlement where appropriate.


A Burmese student in Australia.

******************************************************************************

On 20 Oct 1995 uneoo@xxxxxxxxxxxxxxxxxxxxxxx wrote:

> From: Dr U Ne Oo <uneoo@xxxxxxxxxxxxxxxxxxxxxxx>
> 
> Dear Mr Strider
> 
> Thank you for your comment. You are not alone in showing the
> concern for repatriation of Burmese, especially the students.
> One of my close friend is even more blunt. But I must say that 
> it is quite unnecessary to be worried about a forced repatriation 
> right now. I may re-state that I myself is a refugee
> who seek a voluntary repatriation from Australia.
> 
> The voluntary repatriation has to be carried out as a stage by 
> stage process. One can not expect these students to repatriate
> safely while SLORC's repressive laws are in place. To those students
> to be able to return to Burma, one will need a more political
> libralizations take place in there ( which we must not expect
> SLORC will pave the way - we will need even more pressure ).
> What we need in Burma is more confidence building measures, which will
> enable both sides (i.e. people and the army) to sort out things
> in a peaceful environment. These confidence building measures,
> (i.e. cease-fires and repeal of repressive laws) have to
> be carried out in parallel with the voluntary repatriation process.
> This, together with the UNHCR presence may help us to be able to 
> return to Burma.
> 
> I have received US Committee for Refugees report on the repatriation
> of Rohingyas recently. I'll be happy to put that report on to the net
> over the weekend. The report do deserve examining by all our colleagues
> on the net.
> 
> With best regards, U Ne Oo.
> 
> 
> >Date: Mon, 16 Oct 1995 11:15:25 GMT+0930
> >Subject: Repatriation
> >To: Uneoo@xxxxxxxxxxxxxxxxxxxxxxx
> >Status: RO
> >
> >I have just read your message on the Burma-net about repatriation of 
> >Burmese refugees from Australia to Burma. I have to tell you that I 
> >think that you are absolutely crazy. Do you really beleive that the 
> >SLORC will give you a kiss and forgive you for having asked for 
> >political asylum. You have made them lose face, and I realise that 
> >home is home and family is all but what good will those sentiments do 
> >you when you are in a Burmese gaol - or being brutalised or worse?
> >In any case if you want to go to Burma can you not just go. I presume 
> >that you are an Australian citizen? So just buy a ticket and go.
> >And I cannot understand your letter to the UN H Commissioner. Burmese 
> >students in Bangkok are "traitors" according to SLORC. What do you 
> >think will happen to them if they return?
> > I am sorry my friend, I do not think that you are thinking straight. 
> 
> 
> 
> 
> 
> On Tue, 17 Oct 1995 strider@xxxxxxxxxxx wrote:
> > INDEPENDENT LETTER: TO UNHCR(GENEVA) AND THAI PM 
> > October 12, 1995
> > 
> > (Editor's Note: The Editor of BurmaNet strongly disagrees with Dr. U Ne
> > Oo's proposal.  It is not safe for the Burmese refugees to return to Burma 
> > at this time.  The recent arrest of Ye Htut and the continued imprisonment
> > of numerous political prisoners in Burma clearly indicates the SLORC's
> > attitude toward those who have been involved in political activities.  Moreover,
> > the repatriation of the Rohingyas, which Dr. U Ne Oo refers to, has been a 
> > disaster.  Not only have refugees been repatriated against their will, but also
> > many who returned were promptly taken off as porters for the SLORC army.) 
> > 
> > From: Dr U Ne Oo
> >           48/2 Ayliffes Road, St Marys SA 5042, Australia
> > 
> > 
> > To: Ms Sadako Ogata
> >        UN High Commissioner for Refugees
> >        Case Postale 2500, CH - 1211 Geneva 2 Depot, Switzerland
> > 
> > Dear High Commissioner
> > 
> > RE: Repatriation of Burmese Refugees from Australia and Thailand
> > ----------------------------------------------------------------
> > Firstly, I should like to thank the High Commissioner for your continuing
> > attention to the situation of refugees from Burma. I also wish to express
> > my sincere appreciations to the Branch Offices of UNHCR in Canberra
> > and Bangkok in particular, for their continuing assistance to ensure the
> > safety of the refugees residing in Thailand. As a Burmese refugee, I am
> > particularly encouraged that the UNHCR become increasingly interested in
> > addressing the root causes of human displacements regarding Burma.
> > I have recently received the newsletter from UNHCR about the repatriation
> > of Rohingyas to Burma. In spite of precarious situation existing in my
> > home land, it has always been the refugee's dream that one day we will
> > be able to return to Burma.
> > 
> > In this connection, I have enclosed my appeal to the Government of
> > Australia to promote a Memorandum of Understanding with UNHCR for the
> > repatriation of Burmese refugees from Australia. I also appeal
> > the UNHCR to promote a formal Memorandum of Understanding (MOU) with
> > the Royal Thai Government for the repatriation of Burma's refugees
> > from Thailand. My appeal to the Royal Thai Government to cooperate with
> > UNHCR in promoting an MOU is also included for your information.
> > 
> > Our refugee communities shared the view that the cease-fires that followed
> > by the political settlement by various parties to the conflict as the important
> > factor for building a long-lasting peace. Therefore, appeals have been made
> > to the United Nations Security Council to implement a nationwide
> > cease-fires in Burma. In order to deter the build-up of military machinery
> > in Burma, which has been a major source of instability to that country, the
> > UN Security Council have been urged to implement international arms
> > embargo. I wish the UN High Commissioner to assist and support us in
> > implementing these measures.
> > 
> > I further wish to request the UNHCR to make adequate funding for various
> > Quick Impact Projects that currently implementing in Arakan State, West of
> > Burma.  I also wish to advocate the increasing of UN personnel within Burma
> > for monitoring returnees/refugees.
> > 
> > Finally, I thank you for your kind attention to Burmese refugees and
> > Burma matters. We, the refugees, are in much hope that we will soon be able
> > to live in Burma peacefully.
> > 
> > Yours respectfully and sincerely
> > 
> > 
> > 
> > 
> > 
> > U Ne Oo
> > 
> > Copy to:
> > 
> > [1] Dr Pierre-Michel Fontaine, The Regional Representative for Australia,
> > Branch Office of UNHCR, 9 Terrigal Crescent, O'malley ACT 2606, AUSTRALIA.
> > 
> > [2] Mr Ruprecht von Arnim, The Regional Representative for Thailand,
> > Branch  Office  of  UNHCR,  P.O.  Box  2-121,  Rajdamnern,  Bangkok  10200,
> > THAILAND.
> > 
> > /* -----------" Letter to the Thai Prime Minister "------------ */
> > Dr U Ne Oo
> > 48/2 Ayliffes Road
> > St Marys SA 5042
> > AUSTRALIA
> > 
> > October 12, 1995.
> > 
> > Mr Barnharn Silapa-acha
> > Prime Minister
> > Government House
> > Thanon Nakhon Pathon
> > Bangkok 10300
> > Thailand
> > 
> > Dear Prime Minister
> > 
> > I am a Burmese national presently residing in Australia and I firstly
> > should like to thank you and your administration for continuing
> > humanitarian support for the refugees and displaced people from Burma.
> > Burmese nationals are grateful to the Royal Thai Government and, particularly,
> > the people of Thailand for their understanding and tolerance towards
> > Burma's refugees. We sincerely appreciate  your Government's cooperation
> > with the United Nations High Commissioner for Refugees for arranging
> > better security for the Burma's Karen refugees.
> > 
> > I should like to call your kind attention to the situation of Burmese
> > students who were detained for their non-violent activities in the
> > Special Detention Center in Bangkok. These Burmese students are still
> > at young age and the previous administration had taken action against
> > their youthful behaviour in protesting the Myanmar Military Government.
> > I appeal you to release those students from Special Detention Center.
> > 
> > I further appeal the Royal Thai Government to promote a Memorandum of
> > Understanding with the United Nations High Commissioner for Refugees
> > for the organized repatriation of refugees to Burma. Various refugee
> > community from Burma have already expressed their interests in voluntary
> > repatriation to Burma. Therefore, I appeal your government to cooperate
> > with the UN High Commissioner for Refugees in solving Burma's refugee
> > problem.
> > 
> > Finally, I thank you for your kind attention to this matter.
> > 
> > Your respectfully and sincerely
> > 
> > U Ne Oo.
> > 
> > **********************
> > 
> > 
>