The Malaysian Bar - Joint Statement on the Principle of Non-Refoulement and the Recent Forced Deportations of the Uighurs from Cambodia and the Lao Hmong from Thailand

Joint Statement on the Principle of Non-Refoulement and the Recent Forced Deportations of the Uighurs from Cambodia and the Lao Hmong from Thailand

Thursday, 14 January 2010 11:29am

(Released: 14 January 2010)

We, the undersigned, condemn the actions in the last days of 2009 of some Asian governments in requesting, encouraging and performing the forcible deportation (refoulement) of refugees and asylum seekers from Cambodia and Thailand.

We demand that all governments in the Asia-Pacific region reaffirm the importance of the principle of non-refoulement of asylum seekers and refugees.

We further call on these governments and all governments in the Asia-Pacific region to resolve to make 2010 a year in which the basic rights of refugees and asylum seekers are recognised, including the fundamental principle of non-refoulement.

Uighurs from Cambodia

On December 19, 2009, in advance of a visit by Vice President Xi Jinping of China, the government of Cambodia forcibly repatriated 20 ethnic Uighur asylum seekers to China, before their claims for asylum had been fully examined. The forced repatriation occurred despite the protests of the international community, including the United Nations High Commissioner for Refugees (UNHCR) , and civil society. Cambodia is a signatory to the 1951 Convention Relating to the Status of Refugees.

Human rights groups, including Amnesty International and Human Rights Watch, have reported that Uighurs, a Turkic-speaking ethnic minority, predominantly Muslim and living mostly in western China, are facing various forms of mistreatment and persecution which has intensified since the crackdown by the Chinese government that follows the July 2009 riots in Urumqi.

China thanked the Cambodian government for the forced repatriation and two days later signed 14 commercial deals with Cambodia worth approximately 1 billion US Dollars.

Amnesty International has documented past cases of Uighur asylum seekers forcibly returned to China who were detained, reportedly tortured and, in some cases, sentenced to death and executed.

Lao Hmong from Thailand

On December 28, 2009, the government of Thailand forcibly repatriated to Laos about 4,000 Lao Hmong from Huay Nam Khao camp in Phetchabun, as well as 158 Lao Hmong detained in the Nong Khai Immigration Detention Centre since November 2006. Amongst them were 87 children, some born in detention. The 158 Lao Hmong were recognised by UNHCR as being in need of international protection; they had already been accepted for resettlement by several countries but had been denied departure from Thailand. UNHCR was not permitted access to the larger group in Huay Nam Khao camp in Phetchabun to determine their status.

In a statement dated 31 December 2009 protesting these deportations, the Special Rapporteur on Torture, Manfred Nowak, stated, “the fact that no independent and reliable pre-screening mechanism is in place to assess whether these individuals would be at risk of torture violates international human rights norms.” This statement was jointly released with the Special Rapporteur on the Rights of Migrants, Jorge A. Bustamante,

Until now, no NGO or UN agencies have been granted access to monitor the deportees back in Laos.

In recent years, forcibly repatriated Lao Hmong have been subject to disappearance, imprisonment, forced re-education, and physical and sexual assault. The Hmong population has been subject to persecution by Lao authorities, including arbitrary arrests and detention, and the suppression of religious freedom.

Principle of Non-Refoulement

We remind the governments of China, Cambodia, Laos and Thailand and other governments in the Asia-Pacific region that under international law, the forcible deportation (refoulement) of an individual to a place where they will be exposed to a real risk of serious harm is absolutely forbidden under both customary international law and under the treaty provisions of the Convention Relating to the Status of Refugees and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

We also remind these governments that under the terms of the Charter of the United Nations, the Statute of the UNHCR and the terms of the memoranda of agreement that they have signed with the UNHCR that they are bound to cooperate with it and to facilitate its efforts to ensure access and the protection of refugees.

We recall the numerous Conclusions on International Protection of the Executive Committee of the UNHCR, of which the governments of China and Thailand are members, which call on states to “scrupulously respect the principle of non-refoulement”. We further recall that the Executive Committee adopted these conclusions by consent and that the governments of China and Thailand have on multiple occasions agreed to abide by them.

Therefore, we, the undersigned, call on the following governments to take the following specific actions:

•The government of Cambodia:
	-To recognize the right to seek asylum of all Uighur asylum seekers; -To cease their refoulement before a proper determination of their status; and -To abide by their obligations as a state party to the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol, as well as the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
•The government of China:
	-To provide UNHCR with access to forcibly repatriated Uighur asylum seekers; -To cease making demands of other Asian states to forcibly repatriate asylum seekers; and -To abide by their obligations as a state party to the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol, as well as the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
•The government of Thailand:
	-To recognize the right to seek asylum of all Lao Hmong refugees and asylum seekers; -To cease the refoulement of the Lao Hmong; -To issue exit permits to those Lao Hmong who have been accepted for resettlement in third countries; and -To abide by their obligations as a state party to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
•The government of Laos:
	-To provide UNHCR with access to forcibly repatriated Lao Hmong; -To cease making demands of other Asian states to forcibly repatriate asylum seekers -To make all necessary arrangements for those individuals who had already been accepted for resettlement in a third country prior to their return to Laos to be expeditiously processed and depart from Laos
•All governments in the Asia-Pacific region:
	-To respect the fundamental principle of non-refoulement; -To cease requesting, condoning, cooperating with, carrying out or otherwise allowing the refoulement of asylum seekers and refugees, and -To respect the principle that the granting of asylum is a peaceful and humanitarian act and should not be regarded as an unfriendly act by any state.

We call on all governments in the Asia-Pacific region to resolve to fully respect the rights of all refugees and asylum seekers under international law as of 2010, including by renouncing the practice of refoulement.

This statement was written by members of the Asia Pacific Refugee Rights Network (APRRN) and has been endorsed by the following organisations:

Australia

Amnesty International Australia
Australian National Committee on Refugee Women
Centre for Refugee Research
Refugee Council of Australia
Survivors of Torture and Trauma Assistance and Rehabilitation Service of South Australia

Bangladesh