Thai Ctackdown On Burmese Refugees

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Thai Government Policy Puts Thousands of Burmese at Risk

(New York, February 25, 2004)- Thailand must end its crackdown on

Burmese fleeing rights abuses in their military-ruled homeland, Human

Rights Watch said in a report released today.

The report, Out of Sight, Out of Mind: Thai Policy toward Burmese

Refugees and Migrants, documents Thailand's repression of refugees,

asylum seekers, and migrant workers from Burma. The Thai government is

arresting and intimidating Burmese political activists living in

Bangkok and along the Thai-Burmese border, harassing Burmese human

rights and humanitarian groups, and deporting Burmese refugees, asylum

seekers and others with a genuine fear of persecution in Burma.

The Thai government last month suspended screening of new refugee

applicants from Burma by the U.N. High Commissioner for Refugees

(UNHCR). The decision-part of an apparent government effort to forge

friendships with Burma's military rulers-has suddenly thrown thousands

of Burmese asylum seekers into legal and practical limbo. Refugee

assistance agencies and human rights groups have been flooded with

calls and visits by Burmese asylum seekers asking where to turn for

protection.

"Thailand shouldn't be toughening its stance towards Burmese refugees

when there has been no improvement in the abysmal conditions causing

them to flee Burma," said Brad Adams, executive director of Human

Rights Watch's Asia division. "Thailand should not allow commercial or

diplomatic interests to interfere with the ability of Burmese to seek

safety in Thailand."

Ongoing abuses in Burma include forced labor, arrests for peaceful

expression of political views, rape of ethnic minority women and

children by government soldiers, conscription of child soldiers, and

forced relocation of villages, Human Rights Watch said. Sporadic

fighting continues in the border areas, despite recent discussions

between Rangoon and one of the main rebel factions, the Karen National

Union.

When-and if-screening of new Burmese asylum applications resumes,

the Thai government will likely take on this crucial task.

Because Thailand narrowly restricts its protection and assistance

to "people fleeing fighting," the government may start rejecting

Burmese exiles and asylum seekers who are fleeing persecution for

their pro-democracy activities in Burma. Those who are rejected

would be classified as illegal immigrants and face the risk of

being deported to Burma.

The Thai government announced plans last July to send all 4,000

Burmese refugees and asylum seekers living in Bangkok and other

urban areas to border camps, despite the fact that many are

fearful for their security because of cross-border violence as

well as political and ethnic conflicts within the camps.

Thai authorities have also launched a fresh campaign to round up

and deport thousands of Burmese migrant workers back to Burma.

Many of the estimated one million Burmese migrant workers in

Thailand fled their homeland for a mixture of political and

economic reasons, and could face serious reprisals from the

Burmese authorities if forced to return, Human Rights Watch said.

Thailand regularly expels as many as 10,000 Burmese migrants a

month in "informal deportations" to Burma. While many are able to

bribe their way back into Thailand, others have faced persecution

or other ill-treatment by Burmese government soldiers and

intelligence officials, and by some of the other ethnic-based

armed groups operating along the border.

Under an agreement between the Thai government and Burma's ruling

State Peace and Development Council, Thailand also deports 400

"illegal" Burmese each month from the Immigration Detention

Center in Bangkok to Burma-directly into a holding center

operated by Burmese military intelligence. Those whom the UNHCR

has recognized as refugees or asylum seekers are supposed to

identify themselves as such at the detention center in order to

avoid deportation, but human rights workers fear that many people

fall through the cracks.

"Burmese refugees who support themselves as migrant workers in

Thailand undoubtedly get caught up in these police sweeps," said

Adams. "Among those deported, many will face severe persecution

once back in Burma. The Thai government's crackdown puts the

lives of many Burmese at risk."

Human Rights Watch noted that under customary international law,

the Thai government has an obligation not to return anyone to a

country where his or her life or freedom is at risk.

"Thailand must not forcibly return any Burmese who may have a

claim to refugee status," Adams said. "Rather than expelling

Burmese, sealing the border and refusing to protect new refugees,

the Thai government should ensure that the U.N. High Commissioner

for Refugees is able to identify and protect those who have a

fear of persecution in Burma."

Thailand and the United States reached an agreement in January to

resettle at least 4,000 of the 140,000 Burmese refugees in

Thailand to the United States. Human Rights Watch said that this

resettlement should help to improve the situation, so long as

Thailand does not implement the agreement with the intention of

making it harder for Burmese democracy activists to pursue their

cause.

"While this agreement is welcome in principle, the U.S.

government should make sure that Thailand does not now declare

the refugee problem `solved,' seal the border to new asylum

seekers from Burma, and deepen its crackdown on undocumented

Burmese migrants," said Adams. "Those Burmese who choose not to

resettle abroad should not be pressured or forced to return to

Burma."