BLC Statement

[blcsan@xxxxxxxxxx]

BURMA  LAWYERS'COUNCIL

Statement on the Forced Repatriation of Refugees by the Government of Bangladesh
July 21, 1997
				
According to the BBC ( British Broadcasting Corporation) report on July 21,
1997, it was known that about 200 refugees from Burma, taking refuge in
Maobra camp, southeastern part of Coxbazaar in Bangladesh were forcefully
repatriated by the Government of Bangladesh on 20th July. Before
repatriation, the riot police forces reportedly entered the refugee camp;
surrounded the refugees, majority were women and children as the men had
escaped; beat the refugees who screamed, cried, refused to repatriate and
got themselves down on the floor; and, finally, they were forcefully dragged
and taken into the ship for repatriation.

The  UN High Commissioner for Refugees said an estimated 5,000 to 7,000
Burmese Muslims have entered Bangladesh over the past two months, some on
them claiming that they were tortured or subject to forced labor in Burma.

The Burma Lawyers' Council strongly objects the action of the Government of
Bangladesh on the refugees from Burma. The recent development of the
non-refoulement of refugees into a norm, or customary international law,
binds States, even those who have not ratified the Refugee Convention. The
principle obliges States not to return or force back refugees seeking asylum
on their soil, who would if returned or sent to a State, would face the
possibility of persecution.

The principle is embodied in the 1951 Convention, the 1967 Protocol, the
Convention against Torture, the 1967 Declaration on Territorial Asylum, the
Principles concerning Treatment of Refugees(Asian-African Legal Consultative
Committee Bangkok 1966, referred to as the "Bangkok Principles") 

The Burma Lawyers' Council endorses the following recommendations:
1.  The Government of Bangladesh should grant asylum to the refugees fleeing
persecution in Burma.
2.  The Government of Bangladesh should allow the United Nations High
Commission for refugees to provide protection to these refugees.
3.  The Government of Bangladesh should abide by the United Nations'
Covenants and treaties it has ratified.
4.  The UNHCR should abide by its repatriation rules and the principles
document of the Lawyers Committee for Human Rights.
5.  The international community should provide material assistance to the
refugees from Burma taking refuge in the neighbouring countries of Burma.
6.  The SLORC desists from its current oppressive form of rule and abide by
the results of the 1990 May election.

Contact	to the Burma Lawyers' Council    		
Tel (66-1)920 8286 

APPENDIX 
General Principles Relating to the Promotion of Refugee Repatriation 
(Lawyers Committee for Human Rights, May 1992 New York USA)

1. Repatriation should not be promoted unless all countries involved in the
repatriation can ensure the protection of and respect for the fundamental
human rights of the refugees.
2. Refugees must not be returned to any country where they would face
persecution.
3. Refugee repatriations must be voluntary.
4. Repatriation should be promoted only if it can be accomplished in a
manner that ensures safety and dignity upon return.
5. The UNHCR should be involved in a meaningful way from the inception of
the repatriation plan to its conclusion.
6. Non-governmental organizations, in addition to the UNHCR, should have
independent access to the refugees, both before and after their return.
7. Any repatriation plan should establish that the conflict has abated and
its attendant risks eliminated before promoting return.
8. Repatriation should be promoted only if there is no longer a likelihood
of recurrence of the human rights abuses that precipitated flight.
9. Particular emphasis must be placed on the unique protection needs of
returning women and children, who are a high-risk group within and already
vulnerable population.
10. These principles and considerations may apply as well to unassisted
repatriations.