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USCR REPORT ON THE REPATRIATION OF (r)



Subject: USCR REPORT ON THE REPATRIATION OF ROHINGYAS (PART 3 OF 4)

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The Rationale for Mass Repatriation
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Although UNHCR has not stated that  there  has  been  a  cessation  of  the
Rohingya  refugee  status,  the  nature  of  the  mass repatriation program
suggests that is the agency's thinking. Essentially, all of the Rohingya in
Bangladesh are slated for return, except for  those  who  fall  within  the
restricted categories enumerated above. In fact, neither a cessation of the
Rohingya's  refugee  status  nor the promotion of mass repatriation appears
justified.  A  close  examination  of  the  rationale   upon   which   mass
repatriation   is  predicated  reveals  a  fundamental  misreading  of  the
situation.

According to UNHCR, the shift to  mass  repatriation  in  August  1994  was
predicated on three developments:

a)  Indications  that  a widespread sentiment existed among the refugees in
favor of repatriation;

b) an improvement of the situation in  Arakan  that  would  allow  for  the
refugees to return; and

c) the establishment of UNHCR's program in Arakan.

The  three  points are discussed individually below. As a preface, however,
it is relevant to note that UNHCR operations, including repatriations , are
governed  by  the  Executive  committee  of  UNHCR  as  expressed  in   its
conclusions. Conclusion number 40 is especially relevant here. It states:

     The  repatriation  of  refugees should only take place at their freely
     expressed wish; the voluntary and individual character of repatriation
     of refugees and the need for it to be carried out under conditions  of
     absolute  safety, preferably to the place of residence of the refugees
     in his country of origin, should always be respected.

a) Voluntariness: UNHCR has justified the shift to  mass  repatriation,  in
part,  on  the  basis of a ten day survey that was concluded in Kutu Palong
refugee camp on Jly 11, 1994. According to  a  JUly  1994  UNHCR  situation
report,  the  survey  initially indicated that 22.7 percent of the refugees
were willing to return. This figure is consistent with the survey that  was
conducted  in April 1994. ONe monthe later, however, UNHCR reported that 95
percent of the camp population had volunteered to return.

The author investigated this large-scale shift and found that following the
initial survey in KUtu Palong. the  Camp  Magistrate  [the  second  highest
ranking official who resides in each camp]. had severlely beaten three male
refugees  (Abdul  Salam,  NUrul Islam, and another refugee residing on hill
number 6) with a bamboo cane for allegedly engaging  in  "anti-repatriation
activities."

Witnesses  told  the  author,  through two different interpreters, that the
Camp Magistrate has canes of varying  diameters that are numbered from  one
through  seven,  according  to  their  size.  In  this  incident,  the camp
magistrate used the largest of the canes, numbers seven, which is one and a
half to two inches in diameter. Several refugees stated that at  one  point
the cane with which the magistrate wsas hitting thre refugees broke and had
to  be  replaced.  ONe of the victims reportedly had his arm visibly broken
above the elbow, and all three victims were severely  wounded.  The  victim
were  reportedly  taken  to  Ukhia  Government Hospital in transit to Cox's
Bazaar, where they were throught to have been hospitalized or jailed.

Refugees who witnessed UNHCR's meeting with camp officials  the  day  after
the  incident  felt  that the magistrate escaped with impunity. MOne of the
officials in Kutu Palong, including the Camp Magistrate,  was  punished  or
removed  from  the  camp  for  the  beatings  or  for the threats that they
subsequently leveled at the refugees. According to  the  refugees  in  Kutu
Palong,  after the incident, a pervasive sense of helplessness prevailed in
the camps.

While both UNHCR and Dhaka admitted that the Kutu Palong beatings occurred,
they  told  the  author that the incident did not undermine the validity of
the later survey. They attribute tthe higher numbers willing to  repatriate
found  in  that survey to a delayed bandwagon effect. In sharp constrast to
such a view, are the separate testimonies of twenty different refugees from
Kutu palong. They  attributed  the  beatings,  the  impunity  of  the  camp
officials  involved, and the fear of future beatings as the primary reasons
for their decisions to "volunteer" to return to Burma.

The author received the above information during interviews with  residents
of  Kutu palong temporarily outside of the camp, and at the departure point
for repatriation. All of the refugees interviewed at  the  departure  point
expressed  extremen  fears  about  returning  to  Burma  and indicated very
clearly that they had been compelled to return by  the  beatings  that  had
occurred  in  Kutu Palong and the repeated threats that had been leveled by
camp officials. One refugee who was interviewed stated:

     Whenever we went  to  get  our  rations,  the  Camp  in  Charge  would
     interrogate  us,  demanding,  "Have  you registered to re turn ?" When
     refugees would reply that they hadn't , he would  curse  at  them  and
     threaten to beat them or to stop their rations.

Another  refugee at the departure point said, "even if we don't want to go,
we have to go. We don't have any choice. If I didn't volunteer to go,  they
would be me with no mercy."

When  a  middle-aged women was asked if she believed she would be beaten if
she stayed behind, she stated, "I can see it right before my eyes, I  know.
OUr body is going; our soul is staying here."

When  another  refugee was asked the same question, he stated:"What kind of
question is that? We've seen right before our eyes what has been happening,
and what is happening, and what will happen. Who wants  to  be  the  fourth
person to be beaten like that ?

An  elderly  man  said,"We  came  to  Bangladesh  only for shelter from the
terrible torture and killing in Burma, but now they don't want to  give  us
any  more shelter. Before, UNHCR accused the government of forcing us back.
NOw they are forcing us back." When the call camf for the refugees to  pick
up their things and board the boats, many began to cry.

The  fact  that  refugees often flee from the camps into the local villages
when they learn that they are slated to  be  repatriated  also  belies  the
purpoted voluntary nature of the repatriation.

b)  The  Situation  in Arakan: According to the statements made at the July
1994 Relief Coordination Meeting by Stephano Severe, the  head  of  UNHCR's
sub-office  in  Cox's Bazaar, the shift to mass repatriation was instituted
following a determination that "the situation in Myanmar is  conducive  and
congenial  for  the  refugees  to return." In an interview with the author,
Severe said, "What UNHCR is trying to achieve is that returnees will not be
treated differently  than  other  residents  of  the  area."  In  the  same
interview, he said that "forced labor continues bo be a fact of life."

A number of informed observers question the statement that the situation in
Burma  is  "conducive  and  congenial  for  the  refugees  to  return."  IN
fact, it fails to fulfil standards of safety necessary for the promotion of
voluntary repatriation as set forth in UNHCR Executive Committee decisions.
SLORC  remains  in  power,  and  widespread  and brutal human rights abuses
continue. According to the 1994 U.S. department  of  State  Report,  'Burma
Human  Rights  practices', " The Burmese Authorities took only limited step
to correct long standing,  serious  human  rights  violations."  The  State
Department  describes forced labor conditions as "inhumane" andwhen coupled
with the "forced resettlement of  civilians  [accounted  for]  hundreds  of
deaths due to disease, harsh treatment , and over work."

The  1993  report by UN Special Rapporteur to Burma, YOzo Yokota, similarly
found that "forced relocation and forced portering has led to a  systematic
pattern   of  torture  (including  rape),  cruel,  inhuman,  and  degrading
teratment,  disappearance  or  arbitrary  execution  of  MUslim  and  other
Rakhine  ethnic  minorities  by the Myanmar authorities." The December 1994
HUman Rights Watch(Asia) report documents  egregious  human  rights  abuses
continue to be associated with the government's mass forced labor projects.

There  are  other  credible  reports that substantiate the Rohingya's fears
about returning to Burma. The preeminent concern that the refugee expressed
was the female returnees would be raped by Burmese military forces. IN  the
1994  "Report  on the Situation of Human Rights in Myanmar," the UN Special
Rapportuer for Burma stated that among other "atrocities", rape was  "being
committed  consistently  and on a wide scale by the soldiers of the Myanmar
Army against innocent villagers (particularly  those  belonging  to  ethnic
minorities)".  The 1994 State Department report on Burma similarly notes "a
consistent pattern of reports alleging rapes of ethnic  minority  women  in
border areas by Burmese soldiers."

Refugees   expressed   related  concerns  about  the  Burmese  government's
compulsory three-month training courses for  Rohingya  girls  conducted  in
military  bases,  which  requires that 15 to 18 year old girls be separated
from thier families, placing them under the control of military forces that
are notorious for rape. ONe man from Maungdaw said theat his  brother  told
him  that  the  Na-Sa-Ka  [the  SLORC  border  patrol  force in Arakan] had
"forcibly taken away in the name of training  for  garment  factories"  and
subsequently raped a number of girls from his village, including his niece.
Reportedly,  the  young  women at the training classes are not permitted to
wear their veils or given time to praya during the day time.

UNHCR's Severe acknowledged  that  "training  classes  are  being  promoted
still",  but he asserts that they are not occurring because of any ill will
or neferious intent. He characterized the military's  establishing  of  the
training  classses for the girl as a "case of cultural naivete" on the part
of the Buddhist Blurmese who sought to  "liberate  the  [Rohingya]  women."
Peculiarly,  UNHCR  also  refers  to  this  program  in  its September 1994
Progress Report as  an  example  of  one  of  the  returnee  "reintegration
projects".

UNHCR  has acknowldeged receiving credible reports that human rights  abuse
continue  in  Arakan.  A  letter  form  UNHCR  to the Bangladesh devisional
commissioner in January 1994,  for  example,  cited  the  following  as  an
example of persecution experienced by a refugee who had recently arrived in
Bangladesh:

     In  late December, Zeaul Hakim, an Imam[religious leader], was told by
     the local chairman that the  military  was  instructing  a  number  of
     fathers  in  the  area  to  take  a  daughter to the military camp for
     training in handicrafts. He was informed that his daughter would  need
     to  remain  in  a  military  camp  for approximately 6 months for this
     training. As this instruction was contrary to his religious practices,
     he went to the camp without his daughter. He explained to one  of  the
     military  authorities  why  he did not bring his daughter. After being
     asked if he was a mulna [also  a  religious  leader],  he  was  beaten
     approximately 15 times with a wooden stick and his beard and head were
     shaved. The military authority then made him and several other mulnas,
     who  had also been beaten and had their heads and beards shaved, stand
     in front of the group of fathers and told the group that if  they  did
     not  bring their daughters the following day, they would have the same
     thing done to them or worse. He fled with  his  family  to  Bangladesh
     that evening.

The  same  letter said that two refugee women who had arrived in Bangladesh
in January 1994 reported that Burmese military personnel warned  them  that
they  should  leave.  One  woman  was  reportedly  asked  by  the  military
personnel, "Why are you staying here ?" and was "specifically told  by  the
military that she would be beaten by the military personnel."

As  a  part  of their repatriation package, the Rohingya receive money from
UNHCR. Refugees in the camp in Bangladesh said  that  returnees  are  often
robbed  of this money and other relief supplies that they receive as a part
of their repatriation packages.

Refugees in Bangladesh also said that some returnees have not been able  to
return  to  their villages; in some cases, thier villages no longer contain
Rohingya because they have been  occupied  by  populations  of  Rakhine  or
Burmans.  According  to  the December 1994 Human Rights Watch(Asia) report,
forced relocations continue unabated throughout Burma. Some  estimate  that
more  than  one million people have been displaced inside Burma as a result
of such practices.

As a result , the Rohingya in Afakan find  themselves  removed  from  their
places of livelihood, living on land that will not sustain crops, and often
living  in  small  enclaves  in  Rakhine  or  Burman  dominated areas where
communal tensions are often fierce. Refugees and  Western  expatriates  who
have  visited  Arakan  as recently as November 1994 indicate that there has
been no halt to these forced relocations.

IN August, border traders told the author that  movement  continues  to  be
restricted for Muslims in Arakan State, whereas Rakhine can reportedly move
about  with  less difficulty. According to the refugees, these restrictions
are significant because they severely hamper the ability of the Rohingya to
conduct business and to shop. As a  consequence,  Rohingya  are  forced  to
depend  on Rakhine and Burmese who, according to the Rohingya, "cheat them"
by demanding absurdly high prices for essentials.

Restriction on returnees' movement may consequently fuel communal tensions.
These restrictions may also violate an unclear clause  of  the  SLORC/UNHCR
MOU  that states: "Returnees will enjoy the same freedom of movement as all
other nationals in the Rakhine State, in conformity with the existing  laws
and regulations." The alleged restrictions on returnees' movement appear to
contradict  UNHCR's  claim  in  its  September  1994  Progress  Report that
"Returnees are free to travel and will ben entitled to the same  rights  as
other residents of Myanmar."

SLORC  and  the  governments  that preceded it have consistently denied the
Rohingya citizenship rights  in  Burma.  As  a  result,  the  Rohingya  are
disenfranchised  and  denied  many  of  their fundamental human rights. The
conferning of citizenship rights  to  those  Rohingya  who  are  long  time
residents  of  Burma  is  arguably  necessary for a durable solution to the
Rohingya exodus.

The 1982 Burma Citizenship Law does not recognize the Rohingya as nationals
of Burma. The in effect relegates the Rohingya at best to one  of  the  two
lower   tiers   of   citizenship:  associate  citizenship,  or  naturalized
citizenship. In contrast to "Burma  citizens",  persons  classifled  within
these  lower  tiers  are denied "rights stipulated from time to time by the
Council of State." Such persons can also have their citizenship revoked for
a multitude of offenses including:

     ... committing an act likely to endanger the sovereignty and  security
     of  the  State  or  public peace and tranquility or giving rise to the
     belief that he is about to commit such an act;
     ... showing disaffection or disloyalty to  the  State  by  an  act  or
     speech or otherwise;
     ...  committing  an offense involving moral turpitude for which he has
     been sentenced to imprisonment for a minimum term of  one  year  or  a
     minimum fine of kyats one thousand.

SLORC  has  unremitttingly  punished  public dissent as a crime against the
state and as a threat to public order. It has prohibited gatherings of five
or more people, regularly imprisoned  dissident  politicians,  and  imposed
restrictions  on  free  speech  and  free  press.  Within this context, any
Rohingya enjoying citizenship rights could  easily  be  stripped  of  them.
Consistent  with  such  a concern is a SLORC statement in January 1992 that
all Rohingya who had fled Burma were subject to a fine of 5,000  kyats  and
rigorous imprisonment for three years for crossing the border illegally and
making defamatory statements in Bangladesh against SLORC. Furthermore, many
refugees  indicated  that  when they fled Burma, the army or other military
forces confiscated and destroyed their citizenship papers.  It  is  unclear
whether  these were the acts of individuale or if the reflect SLORC policy.
In its official  statements,  however,  SLORC  portrayed  the  Rohingya  as
"illegal immigrants from Bangladesh," "migrant workers", and "absconders."

In  any  event,  many  of  the  Rohingya refugees are not even eligible for
either of the lower tiers of Burmese citnzenship. To qualify for  associate
citizenship, an individual or his or her direct ancestors must have applied
and  been  acknowledged prior to 1982 as associate citizens under the Union
Citizenship Act. In order to qualify under the 1948 act, a  Rohingya  would
have had to have been descended

     from  ancestors  who for two generations at least have all made any of
     the territories include [sic.] within the Union their  permanent  home
     and  whose parents and himself were born in any such territories shall
     be deemed to be a citizen of the Union.

It is not clear what percentage of the Rohingya registered for  citizenship
prior  to  1982. Such a restriction is unfairly prejudicial, however, given
Arakan's isolation and lack of state infrastructure.

Rohingya qualify as a naturalized citizens only if they were born in  Burma
and  their  parents "entered and resided in the State prior to 4th January,
1948," or if at least one of their parents is  at  least  recognized  as  a
naturalized  citizen. Furthermore, Rohingya who would otherwise qualify but
who failed to apply for citizenship prior to their  twnety  third  birthday
cease  to  be  eligible for naturalized citizenship. Similarly, if a person
doesn't have at least one parent with  some  form  of  Burmese  citizenship
(e.g. one parent loses his or her citizenship and the other is a foreigner,
or  both  parents  lose  their  citizenship),  then the children lose their
citizenship.

The 1982 Burma Citizenship Law also sets  forth  additional  qualifications
for naturalized citizens that could conceivably be applied indiscriminately
or  prejudicially.  These  include  the  ability  to "speak well one of the
national languages [Rohingya is  not  recognized  as  such].  "be  of  good
character." and be of sound mind."

The  result  of  the  exclusionary  nature of the citizenship act and SLORC
policies toward the Rohingya  is  that  a  significant  proportion  of  the
Rohingya,  both  refugees  and  those residing in Arakan State, are in fact
stateless persons. This leaves the Rohingya who do  not  qualify  for  some
tier  of  Burmese  citizenship subject to future persecution in Burma under
the rubric of the Foreign Act and its various amendments.

In his 1994 report, the UN Special Rapporteur  for  Burma  recognized  this
problem  and  proposed a solution that SLORC has not, however, implemented.
He recommended that

     The Government of Myanmar [SLORC] should consider the revidion of  the
     1982  Citizenship  Law  to  abolish  its  burdensome  requirements for
     citizenship. The law should not apply its categories of  second  class
     citizenship  in a manner which has discriminatory effects on racial or
     ethnic minorities, particularly Rakhine Muslims. It should be  brought
     into  line  with  the  principles  embodied  in  the Convention on the
     Reduction of Statelessness of 30 August 1961.

c) UNHCR's Presence in Arakan: UNHCR has given assurances that it will  see
to  the safety of returnees and that they will not be jeopardy. However, it
is unclear  what  legal  mandate  UNHCR  has  to  intervene  on  behalf  of
returnees. UNHCR and SLORC signed a memorandum of UNderstanding on NOvember
5,  1993,  but  it  has  expired. In any event, the only clauses in the MOU
relating to protection state that SLORC will:

     fully cooperate in the implementation of  the  voluntary  repatriation
     programme from Bangladesh to the Rakhine State, Myanmar, including the
     reintegration of all those who return.

     The  GOUM  (Government of the Union of Myanmar) [SLORC] is responsible
     for the safety, reception and  reintegration  of  the  returnees  from
     Bangladesh  and for the overall coordination and implementation of the
     voluntary repatriation exercise.

Many observers question UNHCR's ability to protect the returnees. UNHCR has
failed to ensure the safety of the Rohingya in Bangladesh, despite the fact
that the government of Bangladesh is heavily dependent upon foreign aid and
consequently, the goodwill of donor governments. In  Burma,  UNHCR  has  no
substantive  means  of  redressing  abuses  that occur, nor does UNHCR have
effective means to sanction the Burmese governemnt, which  is  already  the
object of repeated censures by the international community.

IN  Bangladesh,  the  refugees are confined in camps that are accessible by
road, and UNHCR has relatively unimpeded access to the camps. In Burma, the
geographic, logistical, and staffing  constraints  that  UNHCR  faces  will
allow  only  a  cursory  monitoring  of  the  welfare of returnees. UNHCR's
September 1994 Progress Report gave some indication of this; it states that
for goods sent from Rangoon, "delivery requires a minimum of  three  weeks,
as they must be transported by road, river and sea."

A  UNHCR  official  in  Dhaka  candidly  told the author in July that UNHCR
cannot adequately monitor human rights abuses in Burma and that "it is very
hard to see exactly what the human rights situation is." The UNHCR official
added, "It is easier to come by information about abuses (that  take  place
in  Arakan  )  outside  of Arakan than (from) inside of Arakan." When asked
about the possibility of a  future  refugee  influx  into  Bangladesh,  the
official said, "I think they'll be back."

UNHCR  has  only  twelve  international  staff  in Arakan, five of whom are
techincal consultants. In the past, the SLORC has restricted  their  access
to  returnees.  UNHCR  officials  in Bangladesh have also acknowledged that
UNHCR  personnel  in  Arakan  were  having  problems   securing   objective
translators  who  could  operate  without  fear  of  punishment  given  the
machinations of SLORC, its pervasive international security apparatus,  and
the  state  of  fear  that  existed in Burma. A high ranking UNHCR official
stated that in at least one case a Burmese interpreter  was  discovered  to
have been a SLORC agent. An expatriate who has worked extensively in Arakan
acknowldeged  that  in  fact  all  of  the interpreters either work for the
government or report  to  government  officials.  As  a  consequence,  some
returnees who have reported human rights abuses to UNHCR have been punished
severely.

Reports  indicate  that  UNHCR  is  presently  allowed to travel without an
escort. However, problems with obtaining  objective  interpreters  persist.
The  result is that UNHCR's ability to assess the situation with any detail
is severely hampered.

The reintegration of the Rohingya  into  Burma  is  presented  as  a  joint
operation  between  UNHCR and the United Nations Development Program(UNDP).
According to the UNHCR/World Food Program(WFP) Joint Appeal for Assistance,
UNDP is to be responsible for water and sanitation, health, agriculture and
fisheries, other income-generating activities, and education. However,  the
UNDP  program  is  not  working  in  any of the areas that the Rohingya are
returning to. In December  1994,  NGO  officials  in  Burma  described  the
reintegration  projects  "as  practically non-exisistent." Western NGOs are
similarly absent from reintegration programs.

International aid to the Rohingya is disbursed largely to a  SLORC  agency,
the  Immigration  and  Manpower Department, an agency dominated by military
officials.  As  a  consequence,  the  Rohingya  returnees  find  themselves
dependent  upon,  and  constaantly in contact with the military -- the same
military that was responsible for the abuses that caused  the  Rohingya  to
flee in the first place.

The  repatriation  is further flawed because the process in Arakan State is
not transparent. With the exception  of  the  1993  visit  of  the  Special
Rapporteur  ,  who  was allowed to interview only three returnees, and only
with SLORC translators, no human rights monitors have been allowed to visit
Arakan State to assess the welfare of  the  returnees.  There  has  been  a
similar   lack   of   confidence   building  among  the  refugees.  Several
organizations, for example,  have  proposed  that  refugee  representatives
should  be  allowed  to  make short visits to Arakan in order to assess the
situation for themselves and then to report back to  the  refugees  in  the
camps in Bangladesh. UNHCR Executive Committee Conclusion No. 18(1980) also
recognizes  the  importance  of such visits. However, no such provision has
been made.


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