Jun 2, 2021 | DFF, RM, Statements
JAKARTA – As the ASEAN Secretary-General and a representative of the ASEAN Chair, Brunei, are expected to visit Myanmar this week, parliamentarians across Southeast Asia urge them to hold the military accountable for its blatant disregard of the five-point consensus, and to meet with all major stakeholders in Myanmar, ASEAN Parliamentarians for Human Rights (APHR) said today.
“More than one month since the ASEAN leaders’ meeting on Myanmar, the military has merely carried on with its brutal crackdown against the people,” said Charles Santiago, a Malaysian Member of Parliament (MP) and Chair of APHR. “How many more innocent lives must be lost before ASEAN decides to move beyond words and actually put in place binding measures and lay out consequences for the military’s brutality?”
This visit must also be the occasion for ASEAN to meet with State Counsellor Daw Aung San Suu Kyi and President U Win Myint, who have been in detention since the military coup on 1 February, APHR said.
“If ASEAN only meets with the military it risks, once again, playing into the junta’s public relations exercise and granting them legitimacy, when all they deserve is admonition,” Santiago added.
To have a genuine and inclusive dialogue with all parties, ASEAN’s delegation must also meet with representatives of the Civil Disobedience Movement (CDM) and Ethnic Armed Organizations (EAOs).
“The delegation must make it clear to Min Aung Hlaing that constructive dialogue cannot be possible while political prisoners remain behind bars. It must demand to see them and urge their release. Otherwise, this trip to Myanmar may be completely worthless,” said Kasit Piromya, a former MP of Thailand and APHR Board Member.
The visit comes more than one month after an ASEAN Leaders’ Meeting was held, at which a Five-Point Consensus was agreed to by all who attended, including Myanmar Commander-in-Chief Senior General Min Aung Hlaing.
As the Myanmar army continues its attacks and airstrikes, APHR also urges ASEAN Member States to help address the immediate needs of displaced persons inside the country and protect all persons seeking asylum. The United Nations Refugee Agency (UNHCR) estimates that 61,000 persons have been internally displaced and over 12,000 refugees have fled Myanmar since 1 February.
“Not only is the military committing serious human rights violations, but they are causing a humanitarian and refugee crisis. ASEAN must urge the military to grant all humanitarian organizations and agencies inside Myanmar and across borders immediate, unfettered and unimpeded access to to all those in need,” Piromya said.
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.
Nov 9, 2020 | COVID19, Opinion Articles, RM
By Natrah Ismail, a Malaysian MP, and member of ASEAN Parliamentarians for Human Rights
The COVID-19 pandemic is affecting the lives of billions of people across the world.
Globally, measures to stop its spread have been drastic: businesses have shuttered, strict travel restrictions have been imposed, social distancing measures have been taken, and public and private hygiene have been encouraged. People have been advised to stock up on supplies and start working from home, where possible.
The hope is that these measures will slow the spread of COVID-19, saving thousands, potentially millions, of lives. Yet for many people, including the hundreds of thousands of refugees in Southeast Asia, it is simply not possible to follow these recommendations and measures.
They rest on several basic assumptions: That people are able to work from home, have adequate shelter, and access to clean water, food, sanitation, information and health services. But how do you self-isolate if you are living in a densely-packed refugee camp or reception centre? How do you wash your hands regularly if you do not have water? How do you access healthcare if you live in constant fear of being arrested because of your legal status?
Following a large-scale religious event at a mosque in Kuala Lumpur in late February and early March, which caused hundreds of new infections in the region, the Malaysian police initially struggled to locate many Rohingya refugees who attended. Malaysia, which has almost 200,000 refugees, is not a signatory to the UN Refugee Convention, and views refugees as residing illegally in the country. It is therefore not surprising that some of the Rohingya who attended the mosque gathering failed to present themselves for testing out of fear of being arrested.
On March 22, Malaysia’s defence minister announced that the refugees who attended the event should not worry about being detained, but the fear they felt is indicative of the difficulties facing thousands of other refugees across the region. Furthermore, there is no guarantee that refugees will be able to access health services for needs that are not COVID-19 related.
There are similar issues in Thailand, which has also not ratified the refugee convention. The country is currently home to approximately 100,000 refugees, who have no access to legal rights, health care or employment.
Refugees who manage to find work in the informal sector are relying on daily wages, but in recent weeks, most have lost this crucial income as a result of businesses shutting down. This makes their access to food, water and other necessities increasingly difficult.
Although the Thai government announced a stimulus package for those working in the informal sector, the 5,000 baht (around $154) per month that will be issued between April and June is only available to those with a Thai identity card, neglecting the needs of refugees and asylum seekers.
Meanwhile, panic is gripping the world’s largest refugee camp in southern Bangladesh, where about one million Rohingya refugees from Myanmar are living under a state-imposed internet blackout in densely-packed and squalid conditions. Social distancing and maintaining proper hygiene are nearly impossible when up to a dozen people share a single small shelter, while there are limited water and sanitary supplies. Access to health services and information are also severely curtailed, and any outbreak in the camps will surely have a devastating impact.
So far, we have failed to protect refugees in our region. They are particularly vulnerable to discrimination and stigma, especially if they are undocumented. Moreover, refugee women and girls face gender-specific challenges that require reproductive health care and mental health support, as they are at an increased risk of domestic and gender-based violence.
The higher cost of health services for refugees due to the lack of health insurance can also prevent them from obtaining essential care. It is crucial that all refugees are granted access to affordable healthcare and that their needs are seriously considered in all countries’ responses to the COVID-19 pandemic.
We must protect everybody in this crisis. This is not only a moral imperative but a logical one. The rapid spread of COVID-19 – there are now more than 2.5 million cases in at least 200 countries – highlights how it can only be controlled through an inclusive approach that protects everyone’s right to health.
Since the outbreak began, much fear and discrimination have been stoked, but it is now more important than ever that communities come together and focus on one goal: defeating this disease and protecting human lives, regardless of their legal status.
Access to healthcare and testing, information, adequate shelter, food, water and sanitation are crucial, and the necessary steps must be made to guarantee these for all. Health is a human right. We have to be proactive and ensure that everyone enjoys this right today and in the future.
This article was originally published by Al Jazeera.
Nov 9, 2020 | COVID19, Open Letters, RM
Sheikh Hasina
Prime Minister
Old Sangsad Bhaban
Tejagaon, Dhaka-1215
Bangladesh
Dear Prime Minister Sheikh Hasina,
As authorities around the world struggle to cope with the spread of COVID-19, it is crucial that States act to protect the most vulnerable, including refugee populations.
We, the 50 undersigned organizations, have welcomed the Bangladesh government’s efforts to host the Rohingya refugees who were forced to flee atrocities perpetrated by the Myanmar Army. We also commend the Bangladesh Government for working closely with the humanitarian community on COVID-19 preparedness and response in Cox’s Bazar District, including efforts to establish isolation and treatment facilities.
Now we write to urge you to lift ongoing mobile internet restrictions and halt the construction of barbed wire fencing around the Rohingya refugee camps in Cox’s Bazar District. These measures threaten the safety and well-being of the refugees as well as Bangladesh host communities and aid workers, in light of the growing COVID-19 pandemic.
As the COVID-19 pandemic spreads to Bangladesh, unrestricted access to information via mobile and internet communications is crucial for slowing the transmission of the disease and saving the lives of refugees, humanitarian workers, and the general population of Bangladesh. Lifting restrictions will not only enable community health workers to quickly share and receive the most reliable and up-to-date guidance during this evolving pandemic, but will also help in coordination with community leaders. We urge you to ensure refugees, local communities, and aid workers alike can freely access mobile and internet communications, in the interest of protecting human rights and public health.
Since September 2019, Bangladesh authorities have prevented Rohingya refugees from obtaining SIM Cards and directed telecommunications operators to restrict internet coverage in Rohingya refugee camps in Cox’s Bazar District. According to Bangladesh’s Refugee Relief and Repatriation Commissioner Mahbub Alam Talukder in Cox’s Bazar, authorities have confiscated more than 12,000 SIM Cards from refugees since September and refugees report that in some instances authorities have prohibited the use of mobile phones altogether.
These restrictions should be lifted in light of the government’s recommendation to those experiencing COVID-19 symptoms to contact the Institute of Epidemiology, Disease Control and Research, hotline. Without a phone or SIM Card, abiding by this instruction is impossible. Furthermore, without access to mobile and internet communications, aid workers and others will be forced to deliver critical health information in person, heightening their risk of exposure to COVID-19 and slowing the effectiveness of the response.
Access to information is an essential component of an effective public health response to a pandemic. On March 19, experts from the United Nations, the Organization of American States, and the Organization for Security and Co-operation in Europe called on all governments to “ensure immediate access to the fastest and broadest possible internet service” in light of the COVID-19 pandemic, noting that, “[e]specially at a time of emergency, when access to information is of critical importance, broad restrictions on access to the internet cannot be justified on public order or national security grounds.”
In addition to providing access to information, there is a critical need for the government to take extra precautions to ensure the safety and well-being of the refugees. On March 24, Commissioner Mahbub Alam Talukder told media that in response to the spread of COVID-19, “All activities will be suspended in every camp. . . . However, emergency services with respect to food, health, and medicine will continue as usual.” The Bangladesh government should ensure that protective measures, including provision of sufficient personal protective equipment, are available for the aid workers and volunteers providing these essential services in accordance with the Inter-Agency Standing Committee’s “Interim Guidance” on COVID-19 response operations in humanitarian settings.
During this time, the Government of Bangladesh should work in close collaboration with international humanitarian organizations and Rohingya-led groups to disseminate accurate and timely information on COVID-19 and mitigate the risk of the virus spreading into the camps and in adjacent host communities.
The government should further balance travel restrictions to ensure that additional humanitarian health workers can safely enter the country and camps without facing undue bureaucratic impediments.
We also write to share our concern regarding the construction of barbed-wire fencing around refugee camps. On September 26, 2019, Home Minister Asaduzzaman Khan Kamal announced plans to construct barbed-wire fencing and guard towers around Rohingya refugee camps in Cox’s Bazar District. Various statements by government officials have made it clear that the purpose of the fencing is not to protect the Rohingya, but rather to confine them. The Bangladesh Home Minister told journalists the reason for building the fencing was to “ensure that the Rohingya do not leave the camp and join our community.” Construction on the fencing began in November 2019.
This construction is motivated by concerns arising prior to the global outbreak of COVID-19, but now risks not only harming refugees but impeding the response to the pandemic. The Bangladesh government’s construction of fencing to enclose the Rohingya refugee camps has created heightened distress, fear, and mistrust among Rohingya refugees, posing greater risks to public health and needless obstructions to humanitarian access as it will become harder for refugees to enter and exit the camp for services.
In constructing barbed-wire fencing to confine Rohingya refugees, Bangladesh risks mirroring the behavior of Myanmar authorities, who presently confine more than 125,000 Rohingya to more than 20 internment camps in five townships of Rakhine State. Instead, Bangladesh should ensure proper access to health care with ease of mobility. This is particularly crucial for those most vulnerable in the refugee camps, including those living with disabilities, older people, and children.
Rohingya refugees remain vulnerable as they depend on humanitarian assistance. It is critical to maintain humanitarian access to the camps at this time. It is equally important to prepare the Rohingya community—men, women, and youth—to be capacitated to support their community at this time. Rohingya community volunteers will be the first responders in this crisis and must be equipped with personal protective equipment and trained accordingly on health and hygiene promotion.
We urge you and your government to uphold the rights of Rohingya refugees to health, freedom of expression and access to information, and freedom of movement. We also call on the Bangladesh Government to ensure non-discrimination between refugees and citizens in accessing timely COVID-19 testing and treatment.
We strongly believe these protections will also benefit overall public health in Bangladesh.
We thank you for your attention to these issues, and we offer our assistance and support to protect the lives and well-being of all those within the territory of Bangladesh, including Rohingya refugees.
CC:
Minister of Disaster Management and Relief Enamur Rahman
Refugee Relief and Repatriation Commissioner Mahbub Alam Talukder
Signatories:
1. ARTICLE 19
2. ASEAN Parliamentarians for Human Rights
3. Action Corps
4. Alternative ASEAN Network on Burma (ALTSEAN-Burma)
5. Amnesty International
6. Arakan Rohingya National Organisation
7. Asia Pacific Refugee Rights Network
8. Association Rohingya Thailand
9. Beyond Borders Malaysia
10. British Rohingya Community UK
11. Burma Campaign UK
12. Burma Human Rights Network
13. Burma Task Force
14. Burmese Rohingya Association in Japan
15. Burmese Rohingya Community in Denmark
16. Burmese Rohingya Organisation UK
17. Canadian Burmese Rohingya Organization
18. Canadian Rohingya Development Initiative
19. Emgage Action
20. European Rohingya Council
21. FIDH – International Federation for Human Rights
22. Fortify Rights
23. Global Centre for the Responsibility to Protect
24. Global Justice Center
25. Human Rights Watch
26. Institute for Genocide and Mass Atrocity Prevention, Binghamton University
27. International Campaign for the Rohingya
28. International Human Rights Clinic, Harvard Law School
29. Justice For All
30. Justice4Rohingya UK
31. Kaladan Press Network
32. Karen Women’s Organization
33. Myanmar Alliance for Transparency and Accountability
34. People Empowerment Foundation
35. Pusat KOMAS, Malaysia
36. Queensland Rohingya Community
37. Refugees International
38. Robert F. Kennedy Human Rights
39. Rohingya Action Ireland
40. Rohingya Association of Canada
41. Rohingya Global Youth Movement
42. Rohingya Human Rights Network
43. Rohingya Peace Network Thailand
44. Rohingya Refugee Network
45. Rohingya Today
46. Save Rohingya Worldwide
47. Society for Threatened Peoples Germany
48. U.S. Campaign for Burma
49. Unitarian Universalist Service Committee
50. WITNESS
