Feb 26, 2021 | RM, Statements
The Asia Pacific Refugee Rights Network (APRRN), Asian Forum for Human Rights and Development (FORUM-ASIA), ASEAN Parliamentarians for Human Rights (APHR) and the International Detention Coalition (IDC) strongly urge the Government of Malaysia to grant UNHCR immediate and unfettered access to immigration detention facilities. We further urge the government to investigate the deportation on 23 February 2021 of 1,086 individuals to Myanmar, in defiance of the Kuala Lumpur High Court’s interim stay order granted earlier that day.
On 22 February, Amnesty International Malaysia and Asylum Access Malaysia jointly filed an action in the Kuala Lumpur High Court to prevent the deportation of 1,200 persons to Myanmar. Several hours after the interim halt to deportation order was granted, the Malaysian government handed 1,086 individuals to Myanmar naval ships in flagrant violation of the court order. The next day, the High Court issued an extended stay order against the deportation of the remaining 114 individuals.
The Malaysian government has yet to provide information on the 114 persons or their whereabouts. Immigration officials asserted that the 1,086 deported did not include Rohingya refugees or asylum seekers. However, there is a substantial risk that the group includes refugees and asylum seekers, including unaccompanied children. According to Asylum Access and Amnesty International Malaysia, there were at least three UNHCR card holders and 17 children among those scheduled for deportation. APRRN also received troubling confirmation that at least two of those children was separated from their family and deported back to Myanmar alone.
The risk is also particularly acute given that UNHCR has been denied access to verify and assess individuals fleeing persecution since August 2019. Malaysia also lacks a domestic policy and legal framework for the identification and recognition of refugees in the country. In November 2020, the Human Rights Commission of Malaysia (SUHAKAM) estimated that there were approximately 1,000 refugees and people seeking asylum still in detention. The Ministry of Home Affairs confirmed that as of 26 October 2020, more than 756 minors are in immigration detention, with over 326 unaccompanied or separated children from Myanmar.
Returning individuals in need of international protection to Myanmar, especially children rendered unaccompanied through forcible separation from their parents or guardians, would amount to serious violation of Malaysia’s Child Act and Malaysia’s international obligations, notably the Convention on the Rights of the Child and the principle of non-refoulement.
Since the forceful seizure of power by the Myanmar military on 1 February 2021, Myanmar has seen the largest protest and uprising, calling for the restoration of democracy. Grave human rights abuses and tension have also risen steadily with hundreds of arbitrary arrests and detentions, deliberate internet disruption and disconnection from the outside world. With the escalating concerns over the rapid deterioration amidst a health crisis, “the use of deadly violence” by the military on innocent civilians, including the recent killing of a 14-year old was heavily condemned by the United Nations Secretary General in the 46th UN Human Rights Council session. World leaders, including G7 countries and neighbouring members of the Association of Southeast Asia Nations (ASEAN) continue expressing deep concern about the ongoing repression, horrifying loss of lives and the developments that would lead to serious regional instability. Malaysia was amongst the ASEAN countries which echoed that the political turmoil in Myanmar may affect security and stability in the region and is “one step backward in the process of democracy in that country”.
Ethnic minorities, many exiled in Malaysia, including amongst the 1,086 deported, have suffered atrocities for decades under the rule of the military. There is great fear that life for these ethnic minorities deported back to a military regime will likely worsen. Given the increasing instability and drastic shift in the political landscape in Myanmar, individuals who were previously not exposed to protection risks might now face severe security and safety threats.
We therefore call upon the Malaysian government to:
- Urgently grant UNHCR immediate and unrestricted access to the 114 individuals and all immigration detention facilities to verify the status of all detainees;
- Release individuals in need of international protection as identified by UNHCR who are still in detention, especially amongst the 114 who remained;
- Comply with the extended stay order issued by the Kuala Lumpur High Court on 24 February against the deportation of the remaining 114 who were part of the original 1,200 to be deported; and
- Open an independent and thorough investigation into the breach by the immigration department of the court order on 23 February, ensuring that those acting in violation of the court order are held fully accountable.
Feb 18, 2021 | RM, Statements
JAKARTA – Malaysia must immediately suspend the planned repatriation of Myanmar nationals, amid reports that Myanmar’s military government has offered to take back its citizens held in Malaysian immigration detention centers, Southeast Asian parliamentarians said today.
“It is utterly abhorrent that Malaysia is cooperating with the Myanmar junta that has illegally seized power, and even more so to return Myanmar nationals to a situation of danger and unrest. Many of them could be refugees and asylum seekers who will be put back into the hands of the Myanmar military who caused them to flee violence and desperation in the country in the first place,” said Chamnan Chanruang, a member of ASEAN Parliamentarians for Human Rights (APHR), and a former Thai Member of Parliament (MP). “Malaysian authorities should immediately grant access to UNHCR to verify the identities of those in immigration detention centers and ensure that nobody requiring international protection is returned to Myanmar,” he said.
The government of Malaysia accepted an offer by the Myanmar military to send three navy ships on 21 February for 1,200 Myanmar nationals held in Malaysian immigration detention centers to be returned to Myanmar. Although Malaysia has said that it will not deport any UNHCR card holders, UNHCR has not had access to immigration detention centers in Malaysia since August 2019, and it is therefore believed that there may nevertheless be refugees and asylum seekers among those scheduled to be deported who were arrested in mass immigration raids by Malaysian authorities last year. They are likely to face persecution upon return to Myanmar.
Parliamentarians from the region are highly concerned about the safety and wellbeing of Myanmar nationals currently in the detention centers, and urge Malaysia to respect its commitments to international law and international protection, including the principle of non-refoulement. They urge the government to recognize that the recent military coup could result in more widespread human rights abuses, and threatens peace and stability in the region.
“The coup is threatening the lives of all vulnerable communities. There is no doubt that the risk of further discrimination and violence against ethnic and religious minorities, including the Rohingya, is high. We know what the Myanmar military is capable of in terms of human rights abuses,” said Teddy Baguilat, an APHR Board Member, and former Philippine MP.
“Instead of pandering to the Myanmar military government and putting more lives at risk, Malaysia should instead work with its ASEAN neighbors to help protect the lives of the Myanmar people currently peacefully protesting, and at risk of a violent crackdown at the hands of the junta,” Baguilat said.
Jan 21, 2021 | RM, Statements
JAKARTA – Ahead of ASEAN’s Foreign Ministers’ Retreat today, Southeast Asian parliamentarians urged the ministers to step up the bloc’s actions on the deteriorating situation in Myanmar’s Rakhine State. Today’s meeting will set the priority items for ASEAN’s discussions this year.
“Despite the deterioration of the situation in Rakhine over the past few years, ASEAN keeps responding time and again with the same rhetoric and approach. Now it is pushing the return of the Rohingya refugees to a place that is completely unsafe. It’s time to take stock of what little progress ASEAN has achieved so far in resolving this crisis, and of Myanmar’s clear disregard for its calls,” said Charles Santiago, Member of Parliament in Malaysia and ASEAN Parliamentarians for Human Rights (APHR) Chair.
Nearly four years since the Myanmar military committed atrocities in Rakhine State, the 600,000 Rohingya living there are still denied citizenship rights, freedom of movement, and basic rights. Rakhine State has also been the scene of intense fighting and a growing number of deaths and injuries amid intensifying fighting between the military and Arakan Army over the past year, although a fragile informal ceasefire has held since November.
Meanwhile, ASEAN continues to support discussions and initiatives on the repatriation of Rohingya refugees to Myanmar without consideration for their safety or addressing the severe restrictions they face in Rakhine. So far, it has acknowledged the humanitarian needs, but refused to recognize the situation as a protracted human rights crisis.
“If ASEAN does not start addressing the serious human rights concerns in Rakhine, its interventions will do more harm than good,” Santiago added.
Lawmakers in the region warn that human trafficking, insecurity, and the movement of persons seeking safety in neighboring countries will increase if ASEAN does not shift its policy to a holistic, human rights-based approach.
They urged the ministers to allow the ASEAN Intergovernmental Commission on Human Rights (AICHR) to be mandated to address the human rights concerns in Rakhine, and recommend that any further plans by ASEAN, especially the Comprehensive Needs Assessment on the repatriation of refugees, are developed with the meaningful consultation and participation of the Rohingya community and its representatives.
“It is high time that ASEAN takes a more effective approach to truly creating positive and sustainable change in Rakhine and the region as a whole. This can only be achieved if ASEAN shifts its approach, strengthens its language, assesses all aspects of the crisis, and is inclusive of the Rohingya in its decisions,” said Mercy Barends, Indonesian parliamentarian and APHR Board Member.
Dec 3, 2020 | RM, Statements
Click here for a PDF version of this letter. This joint letter was publicly released on 12 November, 2020.
Honorable Foreign Secretary
Mr. Masud Bin Momen
September 21, 2020
Re: Request for the Cooperation of the Government of Bangladesh to Facilitate a Visit for Human Rights Groups to Bhasan Char Island
Dear Foreign Secretary Masud Bin Momen,
We, the undersigned five human rights organizations, would like acknowledge the Government of Bangladesh’s efforts to provide humanitarian assistance and emergency shelter to more than one million Rohingya refugees who fled brutal attacks by Myanmar authorities in 2016 and 2017 as well as Bangladesh’s role in providing shelter and support to hundreds of thousands of Rohingya who previously fled persecution in Myanmar.
We note that more than 300 Rohingya refugees are currently being housed on Bhasan Char island and that the Government of Bangladesh is moving forward with plans to relocate up to 100,000 Rohingya from Cox’s Bazar District to Bhasan Char after the monsoon season.
We recognize the efforts made by the Government of Bangladesh to respond to concerns raised by the United Nations, humanitarian aid agencies, human rights groups, and Rohingya refugees in regards to the facilities and conditions for refugees on the island and whether they meet international humanitarian and human rights standards.
We request the Government of Bangladesh to provide timely access to Bhasan Char, including unfettered access to meet with refugees, for a United Nations protection team, as well as for a United Nations-led technical team to review the sustainability and environmental conditions on the island.
We understand on September 5, a group of 40 Rohingya refugee representatives including Majhis visited the island on a “go and see” visit from refugee camps in mainland Cox’s Bazar District to see the facilitates and the situation on the island.
In this context we also note your comments during an August 24 webinar stating the Bangladesh government “may also arrange the visit of human rights groups and select media to appreciate the facilities created.”
We therefore request your government to facilitate and provide us, the undersigned international human rights organizations, with access to Bhasan Char island to conduct a joint assessment of the facilities and conditions for those on the island, at your earliest convenience.
We request the joint visit allow free and unfettered access to the island and ability to speak to Rohingya refugees privately. Our organizations hope to provide the Government of Bangladesh with both public and private recommendations.
We thank you for your attention to these matters, and we welcome the opportunity to assist and support your administration to ensure the protection of Rohingya refugees.
Sincerely,
David Griffiths, Director of the Office of the Secretary General, Amnesty International
Eric Schwartz, President, Refugees International, Former Assistant Secretary of State for Population, Refugees, and Migration
Kerry Kennedy, President, Robert F. Kennedy Human Rights
Matthew Smith, Chief Executive Officer, Fortify Rights
Teddy Baguilat, Executive Director, ASEAN Parliamentarians for Human Rights, Former Member of Parliament of the Philippines
Dec 3, 2020 | RM, Statements, Tools for MPs, Uncategorized
JAKARTA – Ahead of the 37th ASEAN Summit this week, current and former parliamentarians have submitted an open letter to ASEAN urging it to play a positive role in resolving the ongoing crisis in Myanmar’s Rakhine State.
Dozens of current and former lawmakers from across Southeast Asia have urged the policy-making body to ensure that its actions create positive and sustainable change that contribute to ending the cycle of violence and displacement in Rakhine.
“While we welcome ASEAN playing a proactive role in the Rakhine crisis, there is so much more it can do to help bring it towards a resolution,” said Mercy Barends, an Indonesian MP and Board Member of ASEAN Parliamentarians for Human Rights (APHR). “Importantly, it must recognize that this is more than a humanitarian issue, and address it from all aspects, whether they are human rights, political, humanitarian, social or economic.”
“It is time for ASEAN to articulate a coordinated and long-term strategy that addresses the root causes of this crisis. Failure to do so will risk causing further harm and suffering for the Rohingya, and all other communities in Rakhine,” Barends said.
Three years since a brutal Myanmar military crackdown forced more than 740,000 Rohingya to flee to refugee camps in Bangladesh, Myanmar’s government has not taken any meaningful steps to address the root causes of the crisis, APHR said. Refugees are still making perilous journeys by sea, while inside Myanmar approximately 600,000 Rohingya are still facing discriminatory restrictions imposed by the government, deprived of their rights to citizenship, freedom of movement, and access to essential services. In addition, an intensifying armed conflict between the Arakan Army and the Myanmar military threatens the safety of thousands of civilians from all communities, the MPs added.
In their open letter, the lawmakers make a number of recommendations to ASEAN in how it can play a proactive and positive role in resolving the crisis, including by promoting transparency in its decisions, and ensuring meaningful consultation with the Rohingya and refugee communities, as well as with civil society actors. The MPs also called on ASEAN to strengthen the capacity of its institutions to respond to “man-made disasters” such as the one in Rakhine State.
“Until now, ASEAN has allowed the Myanmar government to dictate the terms of its engagement on the Rakhine issue, but this week’s ASEAN Summit presents the perfect opportunity to change course, and use its political leverage with the Myanmar government to push for measures that bring meaningful change on the ground in Rakhine State,” said Barends. “We urge ASEAN to develop a strategy that listens to the people most impacted by this crisis, and most importantly, one that abides by the principle of ‘Do No Harm’”.
Dec 3, 2020 | RM, Statements
Click here for a Rohingya audio translation of the report’s Executive Summary
Click here for a Thai translation of the report’s Executive Summary
Click here for a Bahasa Indonesian translation of the report’s Executive Summary
Click here for a Vietnamese translation of the report’s Executive Summary
JAKARTA – Weeks ahead of the 37th ASEAN Summit, which is due to take place in mid-November, Southeast Asian lawmakers have today urged the Association of Southeast Asian Nations (ASEAN) to step up its response to the ongoing crisis in Rakhine State, and ensure it actually helps end the cycle of violence and displacement. The calls come as Myanmar continues to demonstrate no desire to solve the protracted issues, or restore the rights of the Rohingya, said ASEAN Parliamentarians for Human Rights (APHR).
“The plight of the Rohingya is not only a stain on our region, but on all of humanity,” said Charles Santiago, a Malaysian Member of Parliament (MP) and APHR’s Chair. “Myanmar’s claims that this is an internal issue could not be further from the truth. Everyone who calls Southeast Asia home is impacted by this crisis, whether it is those saving refugee boats due to our governments’ inaction, or the shame we all feel on our collective conscience.”
“ASEAN has both the potential and obligation to find lasting solutions for Rakhine State and the region as a whole, but to do that it has to first and foremost recognize it as a human rights crisis that was created by the Myanmar government, and to actively include the Rohingya community in its decisions,” Santiago said.
In a new report, ASEAN’s Rakhine Crisis: Assessing the regional response to atrocities in Myanmar’s Rakhine State, APHR examined the 10-member bloc’s response to the crisis, from the outbreak of violence in August 2017 to the present day. It found that while ASEAN’s actions have marked a significant departure from the bloc’s usual insistence on non-interference, they have mostly been ineffective, if not at times deeply problematic.
The reasons for this include a chronic lack of leadership, at the Secretariat level as well as among Member States, which has prevented ASEAN from articulating a clear vision and strategy that would effectively help end the cycle of violence and displacement in Rakhine.
“ASEAN’s lack of cohesive and strategic leadership, and its reliance on consensus-based decisions, has allowed the Myanmar authorities to take total control of the narrative, which issues the bloc can focus on, and who they can engage with. Such a scenario has led to the exclusion of the Rohingya from crucial discussions about their own future.”
ASEAN’s reluctance to acknowledge the underlying human rights aspects of the crisis, resulting in it focussing on issues regarded as “less controversial”, such as repatriation of refugees and humanitarian response, instead of addressing more sensitive issues that include the restoration of citizenship rights, restrictions on movement, and the ongoing conflict between the Myanmar Army and the Arakan Army, have entirely compromised the effectiveness of its actions.
“How can we talk about Rohingya refugees returning to Rakhine State, when that area remains an active war zone?” said Santiago. “ASEAN’s reluctance to adopt a holistic approach to Rakhine State, that addresses all aspects of the crisis, risks making the regional group at best counter-productive and at worst actively contributing to human rights abuses.”
The bloc’s lack of transparency, reluctance to engage with actors other than the Myanmar government, and the weaknesses inherent in its own institutions have further undermined its response.
Despite the issues raised, ASEAN has managed to keep Myanmar at the table, maintaining access, and arguably gaining influence, with the country’s leaders. APHR said that the bloc has therefore the potential to play an important and positive role in resolving the crisis, and identifies a number of ways it can do so, including by adopting a holistic strategy guided by the principles of “do no harm” and non-discrimination; ensuring meaningful consultation with and participation of Rohingya in Myanmar, and the refugee camps in Bangladesh, in all decisions concerning their future; and encouraging Myanmar authorities to establish a follow-up mechanism to ensure the full implementation of the Advisory Commission on Rakhine State’s recommendations.
“We currently have a million refugees stranded in Bangladesh, hundreds of thousands more stuck in apartheid conditions in Rakhine, and let us not forget an active war zone,” Santiago said. “This simply cannot continue. ASEAN has an obligation to protect the people in the region, and that begins with playing an important role in resolving this situation. Failure to do so will not only harm the bloc’s credibility and legitimacy, but will also cause further harm and suffering to the Rohingya, and others who call Rakhine State, and indeed the ASEAN region, their home.”
