Statements

Urgent Statement: APRRN calls on the Royal Thai Government to comply with its legal obligations to Uyghur refugees

Bangkok, 29 July 2022

The Asia Pacific Refugee Rights Network (APRRN) urges the Royal Thai Government not to deport Uyghur refugees held in arbitrary detention. No return to China is safe for Uyghurs. APRRN urges the Royal Thai Government to immediately release these refugees or utilize available resettlement options.

A total of 54 Uyghur refugees have been arbitrarily detained for more than eight years. The recent news of the transfer of 44 of these men to a single detention site close to a Bangkok airport is deeply concerning. All but a handful of this group have been convicted of no criminal offence and are detained solely because of their status as Uyghur refugees.

Thailand is a member of the ECOSOC Committee of the United Nations and has provided global leadership on alternatives to immigration detention as part of the International Migration Review Forum and the Global Compact on Refugees. As a signatory to the Convention Against Torture and a party to the International Covenant on Civil & Political Rights, as well as under customary international law, Thailand is bound by the non-refoulement principle.

Thailand has a long and proud tradition of affording protection to refugees, and of not returning men, women, and children to places where they are in danger of suffering persecution and harm. For generations, the people of Thailand have welcomed many people fleeing conflict and oppression in China, Vietnam, Cambodia, Myanmar, and other countries.

APRRN calls on Thailand, its international partners, and the United Nations to urgently resolve this situation in a way which is compliant with Thailand’s legal and international obligations.

APRRN calls on the Royal Thai Government to:

1. Immediately release Uyghur refugees detained in Thailand

2. Facilitate immediate and unfettered access to UNHCR for Uyghurs in Thailand

3. Allow Uyghurs refugees to access resettlement

Context

These detainees are part of a larger group who arrived in Thailand between 2013 and 2014. At the time, more than 350 Uyghur men, women, and children fleeing China were arrested and detained by the Thai authorities. In July 2015, at least 170 women and children were transferred to Turkey. Some weeks later, 109 men and women were deported to China. No further information on their treatment or whereabouts is available.

This remaining group of refugees has been detained in several immigration detention centers across Thailand since initially arrested. Some of the group were first detained as children. They have been denied access to a lawyer, to UNHCR, and adequate medical care. Such conditions fall below the legal and human rights standards set in Thai law, and are life-threatening.

On 11 July 2022, three Uyghur refugees escaped from Prachuap Khiri Khan immigration detention center. Several days later, at least 44 Uyghur refugees were transferred to a single detention site close to a Bangkok airport.

The forcible return of Uyghurs to China from Thailand has been strongly condemned internationally including by the UN High Commissioner for Human Rights. The UN Special Rapporteur on torture expressed clear concern to the Thai authorities that the deportation of Uyghur refugees “would amount to refoulement and put them at risk of being tortured or subjected to other cruel, inhuman or degrading treatment or punishment.”[1]

The Asia Pacific Refugee Rights Network (APRRN) is a network of over 200 active civil society organisations and individuals from 29 countries committed to advancing the rights of refugees in the Asia Pacific region. APRRN aims to advance the rights of refugees and other people in need of protection through joint advocacy, capacity strengthening, resource sharing, and outreach. While APRRN statements are prepared in consultation with members, they do not necessarily reflect the views of all APRRN members.



[1] Thailand's deportation of ethnic group prompts grave concern by UN human rights office, UN News, 10 July 2015.


On World Refugee Day 2022, a group of 22 refugee and human rights groups and 50 Uyghur organizations are calling on governments and international organizations to take urgent steps to protect Uyghurs and other Turkic peoples at imminent risk of refoulement. Click here

JOINT STATEMENT

International Human Rights Community Urges Malaysian Government to Rethink Immigration Detention Policies & Practices

Bangkok, 2 May 2022

In the early hours of 20th April, over 500 Rohingya refugees, including 97 women, 294 men, and 137 children, escaped from a detention centre in Sungai Bakap. It was later confirmed that 7 of those who fled were killed tragically in a traffic accident, including three young children. Over the following days, at least 467 people were re-detained, and there is a continuing effort by government authorities to find and arrest the remaining refugees who fled. As members of the international human rights community, we the undersigned are deeply concerned by this heartbreaking loss of life, and we urge the Malaysian government to conduct an immediate, thorough, and independent inquiry into the underlying circumstances and detention conditions which led to such severe levels of human desperation, and prompted an escape attempt by so many.

It is reported that a large number of Rohingya refugees are held indefinitely in immigration detention centres in Malaysia, without possibility of release. This has been compounded by the Malaysian government refusing UNHCR access to detention centres in order to conduct refugee status determination processes since August 2019. Home Minister Hamzah Zainudin has stated that refugees held at the Sungai Bakap detention centre have been detained for over two years and cannot be deported.

The deprivation of liberty of people and families seeking safety and asylum is a serious concern to us, and is a fundamental violation of human rights. The impact of detention on mental, physical, and emotional health has been extensively researched and consistently shows that people, especially those who have previously experienced traumatic events, face high levels of mental health challenges as a result of being detained. Further, ample evidence proves that the severity of anxiety, depression, and post-traumatic stress that a person experiences is closely linked to the length of time they have spent in immigration detention.

As of 26 April 2022, the Malaysian Immigration Director-General Datuk Seri Khairul Dzaimee Daud reported that there were 17, 634 migrants in immigration detention centres nationwide, including 1, 528 children. The Home Ministry has also further reported 208 recorded deaths in immigration detention between 2018 and February 15th 2022, citing Covid-19, septic shock, tuberculosis, severe pneumonia, organ failure, lung infection, heart complications, dengue, diabetes, and breathing difficulties, among others.

We strongly urge the Government of Malaysia to:

  • Carry out a comprehensive review of the current policies and practices of immigration detention centres in Malaysia to ensure they are in line with international legal standards

  • Ensure full transparency of the investigation and review, and make the process and results available and accessible to the public

  • Proceed with immediate implementation of the ATD pilot officially launched in February 2022, and ensure Rohingya children are included within the scope of the pilot

  • Simultaneously, take immediate steps to enact legal and policy changes to ensure that children are no longer detained for migration-related reasons, given that only 5 children are to be released at any time under the ATD Pilot

  • Follow through on the pledges made to uphold human rights, in order to secure their seat on the United Nations Human Rights Council, for example, “to implement policies and legislations that promote and protect the rights of the most vulnerable communities,” which indisputably include refugees, people seeking asylum and stateless persons, especially women and children

  • ​​Immediately release all persons registered with UNHCR from immigration detention and grant UNHCR access to all immigration detention centres to continue registration of persons of concern

  • Grant access to Doctors Without Borders Malaysia, and other NGOs to immigration detention centres to ensure detainees have access to medical treatment and support services


Malaysia continually lags behind its closest neighbours in ASEAN, specifically Thailand and Indonesia, who have released hundreds of children from immigration detention into community-based care since 2018. Further, in Indonesia, the local government in Aceh has set up a task force to manage emergency response. These processes link refugee communities to support from IOM, UNHCR, Geutanyoe Foundation, JRS Indonesia, and other organisations, until the national government advises which cities they will be transferred to for sustainable and ongoing accommodation and support.

We call upon the Government of Malaysia to respond to this human tragedy with compassionate leadership and integrity, and commit to protecting the rights of refugees and people seeking asylum in Malaysia, as committed to in the UN Convention on the Rights of the Child (CRC), the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the ASEAN Declaration on the Rights of Children in the Context of Migration. The Government of Malaysia must reconsider its current policies and systems of immigration detention, which are arbitrary, harmful, costly and ineffective. Instead, they should develop and implement non-custodial alternatives to detention, particularly for people in vulnerable situations, such as children, ethnic and religious minorities, women, gender-diverse and LGBTI+ people.

It is time for Malaysia to step up to its international commitments, and we stand prepared to support the Government and other civil society organisations in developing systems and frameworks for alternatives to detention, and ensuring that nothing like this ever happens again.

Signed,

International Detention Coalition

Asia Pacific Refugee Rights Network

ASEAN Parliamentarian on Human Rights

Asian Forum for Human Rights and Development (Forum-Asia)


The Asia Pacific Refugee Rights Network (APRRN) is a network of over 200 active civil society organisations and individuals from 29 countries committed to advancing the rights of refugees in the Asia Pacific region. While APRRN statements are prepared in consultation with members, they do not necessarily reflect the views of all APRRN members. For further information or comment, please contact Chris Eades, APRRN Secretary General, at sg@aprrn.org.

URGENT STATEMENT

APRRN condemns the refoulement of a Rohingya refugee woman from India and the escalating risk to other Rohingya refugees in India

Bangkok, 5 April 2022

APRRN condemns the recent refoulement of a Rohingya refugee woman from India to Myanmar in violation of both international and Indian domestic law. The deportation was carried out despite an order of the Manipur State Human Rights Commission staying the deportation, and an ongoing case before the Supreme Court of India. APRRN notes with grave concern the arrests of other Rohingya refugees and the more than 200 in detention at imminent risk of refoulement. APRRN calls on the Government of India to respect the rule of law and immediately cease arbitrary arrests, indefinite detention, and refoulement.

The refoulement of Hasina Begum

APRRN is gravely concerned for the safety of Hasina Begum, a 36-year-old Rohingya woman, mother of three children, refouled to Myanmar on 22 March 2022.

Hasina Begum and her family are UNHCR-recognized refugees in India. Yet, on 22 March 2022, Hasina was deported alone to Myanmar in violation of Indian domestic and international law. Hasina had already been separated from her children and husband for over a year, having been arrested during police raids on 6 March 2021, and sent with 170 other Rohingya refugees to Hiranagar holding center in Jammu. The deportation was formally undertaken with the involvement of the authorities in Myanmar. Her husband and children were not informed of the deportation and only learned of it from a third party. Hasina is currently confirmed to be in Myanmar, but because the family is from a village in the far north of Maungdaw completely destroyed during the 2017 genocide that resulted in the forced expulsion of the Rohingya from Myanmar, it is unclear to where she will return. Her situation is made yet more difficult due to current heavy fighting in her home area making the journey to her former home perilous.

In refouling Hasina, the Indian authorities defied an order of the Manipur State Human Rights Commission staying her deportation — noting that it would violate her Constitutionally protected right to life — and ignored a case pending before the Supreme Court challenging a mass deportation order against the Rohingya. The actions by the Indian authorities demonstrate a complete disregard for human life and the rule of law. Hasina’s deportation also violates India’s obligations under the international conventions it has ratified, including the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women.

India is under an obligation not to extradite, deport, expel, or otherwise remove a person from its territory to the territory of another State where there are substantial grounds for believing that there is a real risk of irreparable harm. The principle of non-refoulement is recognised and applied by the courts in India as a rule of customary international law.

Hasina is at real risk of persecution, torture, and other serious human rights violations. Because of the actions of the Government of India, she has been placed at risk of irreparable harm.

Rohingya refugees in India are at grave risk of forced return to Myanmar

APRRN is concerned not only about Hasina, but for other Rohingya refugees seeking protection in India, given India’s willingness to violate its own and international law in removing forcibly refugees from its territory.

India’s long tradition of providing sanctuary to refugees, including Tibetans, Sri Lankans, Afghans and Bangladeshis, has been compromised by recent actions against the Rohingya. In August 2017, the Indian government announced plans to deport ‘illegal foreign nationals’ including an estimated 40,000 Rohingya, at least 16,500 of whom are registered with UNHCR. The government contended that all Rohingya may be subject to deportation, regardless of registration status or international protection standards. Since October 2018, the Indian authorities have returned to Myanmar at least 20 other Rohingya (16 male and 4 female), all of whom had been in prolonged detention, often without access to UNHCR. And, in April 2021, there was an attempt to forcibly return a Rohingya girl to Myanmar alone after her family had fled to a refugee camp in Bangladesh.

Hundreds of Rohingya women and children have been detained in India’s shelter homes for years now while their male counterparts are held in prisons indefinitely even after the completion of their sentences. The use of arbitrary and indefinite detention is rampant and an issue of grave concern.

India’s treatment of Rohingya refugees, and its attempt to refoul them to Myanmar, come at a time of mounting evidence that Myanmar’s military junta has committed genocide. A UN Fact-Finding Mission to Myanmar concluded in its report that the Myanmar security forces have committed crimes against humanity and that “there is sufficient information to warrant the investigation and prosecution of senior officials in the Tatmadaw chain of command, so that a competent court can determine their liability for genocide in relation to the situation in Rakhine State.”

Hasina Begum was refouled on the same day that the US State Department added its voice, determining that the violence committed against the Rohingya minority by Myanmar’s military amounts to genocide and crimes against humanity.

APRRN is especially concerned, given the cooperation between the authorities of India and Myanmar in the return of Hasina, for more than 200 Rohingya refugees still detained in the same holding center from which Hasina was forcibly returned.

APRRN urgently calls on the Government of India to:

● Immediately cease the deportation of Rohingya refugees and people seeking asylum to places where they are likely to be at risk of harm.

● Immediately cease the arrest and detention of people seeking asylum and refugees who are under the protection of the United Nations or are seeking the protection of the United Nations.

● Retract the Ministry of Home affairs advisory dated 8 August 2017 to detain and deport all Rohingya refugees in India.

● Release the arbitrarily detained Rohingya refugees in Jammu and other parts of the country, especially those who have served their sentences.

● Respect the rule of law and India’s obligations under domestic and international law.


The Asia Pacific Refugee Rights Network (APRRN) is a network of over 200 active civil society organisations and individuals from 29 countries committed to advancing the rights of refugees in the Asia Pacific region. While APRRN statements are prepared in consultation with members, they do not necessarily reflect the views of all APRRN members. For further information or comment, please contact Chris Eades, APRRN Secretary General, at sg@aprrn.org.

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URGENT STATEMENT:

APRRN calls on the Government of Malaysia to comply with international law and cease deportation proceedings against UNHCR-recognised refugee Mohammed Khairuzzaman

Bangkok, 15 February 2022

The Asia Pacific Refugee Rights Network (APRRN) is gravely concerned by the Government of Malaysia’s arrest, detention, and efforts to deport Mr Mohammed Khairuzzaman, a UNHCR-registered refugee.

Mr Khairuzzaman is a former Bangladesh High Commissioner to Malaysia, once identified as a political prisoner by Amnesty International, who has been living in Malaysia as a refugee for over a decade. He was arrested at his residence on 9 February 2022 and is currently detained by the Malaysian authorities. The reason for his arrest has yet to be ascertained; however, the Malaysian Minister of Home Affairs has stated that its actions are a response to a request made by the Government of Bangladesh.

Although Malaysia is not a signatory to the 1951 Refugee Convention, the prohibition of refoulement under customary international law forbids a state to return refugees to countries of origin where they are at risk of harm.[1] This principle is further underscored in the UN Convention against Torture, and Other Cruel, Inhuman and Degrading Treatment or Punishment, which Malaysia has committed to ratify. The UN refugee agency, UNHCR, has assessed Mr Khairuzzaman’s case and has found that he faces a real risk of persecution should he be returned (refouled) to Bangladesh.

This is for good reason. In the past decade, human rights advocates have raised concerns about violations of human rights by Bangladesh’s security forces toward activists, government critics, independent media, and civil society. On 11 February 2022, UN human rights experts[2] criticised the pervasive culture of impunity in Bangladesh, with numerous reports of attacks, intimidation, enforced disappearances, and killing of journalists, human rights defenders, and members of civil society.[3]

The Government of Malaysia must act in compliance with international law. Recent developments in the country demonstrate the heightened risk of refoulement faced by refugees. In February 2021, despite assurances that no UNHCR-recognised refugees would be deported, the Government of Malaysia returned at least six Myanmar refugees of a larger group of 1,086 Myanmar nationals. This was done in defiance of a Malaysian High Court order, and included women and children at risk. UNHCR is still denied access to immigration detention centres and cannot register putative refugees or assess their claims to asylum.

APRRN strongly urges that the Government of Malaysia:

● Observe international law and the absolute prohibition of refoulement, and cease all proceedings to deport Mr

Khairuzamman.

● Immediately release Mr Khairuzamman from detention.

● Grant unrestricted access to UNHCR Malaysia to places of detention so that it can conduct status verification

and other activities in line with its mandate.

● Release all detainees in immigration detention with international protection needs.

The Asia Pacific Refugee Rights Network (APRRN) is a network of over 200 active civil society organisations and individuals from 29 countries committed to advancing the rights of refugees in the Asia Pacific region. APRRN aims to advance the rights of refugees and other people in need of protection through joint advocacy, capacity strengthening, resource sharing and outreach. While APRRN statements are prepared in consultation with members, they do not necessarily reflect the views of all APRRN members.

Media Contact

Chris Eades, Secretary General, APRRN: sg@aprrn.org

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[1] See, e.g., UN High Commissioner for Refugees (UNHCR), Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, January 2007, available at https://www.unhcr.org/4d9486929.pdf.

[2] The experts: Ms. Irene Khan, Special Rapporteur on the right to freedom of opinion and expression; Ms. Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Mr. Clément N. Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mr. Nils Melzer, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; and Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions. The Special Rapporteurs and Independent Experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.

[3] UN OHCHR; Bangladesh: “Appalling and pervasive culture of impunity” for killings of journalists – UN experts https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=22794%26LangID=E.



Urgent Statement:

APRRN reiterates the need for the Royal Thai Government to comply with international law and cease the deportation of refugees

Bangkok, 4 December 2021:

On 1 December, the Royal Thai Police arrested the Venerable Bor Bet, who is both a Cambodian refugee and a Buddhist monk. Although he was yesterday released from detention, given Thailand’s recent deportation of refugees to Cambodia, he fears that he too will be forcibly returned.1 The Asia Pacific Refugee Rights Network (APRRN) reminds the Thai government that, as Thailand has publicly acknowledged, the forcible return (refoulement) of refugees or people seeking asylum to a country where they are liable to be subject to persecution is prohibited. Venerable Bor Bet has been recognized as a refugee by the United Nations High Commissioner for Refugees (UNHCR); deporting him to Cambodia would be a violation of Thailand’s obligations under Article 7 of the International Covenant on Civil and Political Rights, Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the customary international law principle of non-refoulment.

The recent actions of the Thai government, including the arrest of Venerable Bor Bet, have created an atmosphere of fear and insecurity that are inconsistent with Thailand’s statements and history of hosting refugees. Since 2019, Thailand has shown commendable leadership in establishing a National Screening Mechanism to protect persons who are at risk of persecution and in taking steps to end the detention of children in immigration detention centres. However, prior to Venerable Bor Bet’s arrest, the Thai authorities forcibly returned three Cambodian refugees in November 2021, despite protests from the international community.2 Forcibly returning Venerable Bor Bet to Cambodia, where he would be at risk of persecution, would be in conflict not only with international law, but with the principles and values of the Thai people and their government. APRRN therefore strongly urges the Thai government to:

  • Immediately cease its targeting of Cambodian refugees for arrest, detention, and forcible return.

  • Comply with Thailand’s international legal obligations, as recognised by the Thai government in its recent statements to the United Nations.

  • Cease the deportation of all refugees and people seeking asylum to places where they are likely to be harmed.

The Asia Pacific Refugee Rights Network (APRRN) is a network of over 200 active civil society organisations and individuals from 29 countries committed to advancing the rights of refugees in the Asia Pacific region. APRRN aims to advance the rights of refugees and other people in need of protection through joint advocacy, capacity strengthening, resource sharing and outreach. While APRRN statements are prepared in consultation with members, they do not necessarily reflect the views of all APRRN members.

1 Ananth Baliga and Mao Sreypich, Activist Cambodian Monk, a Critic of Hun Sen, Detained in Thailand, VOD, 2 December 2021.

2 For more information, see Urgent Statement: APRRN calls on the Royal Thai Government to comply with international law and cease its deportation of refugees, Asia Pacific Refugee Rights Network, 24 November 2021.

Urgent Statement:

APRRN calls on the Royal Thai Government to comply with international law and cease its deportation of refugees


Bangkok, 24 November 2021:

Following the recent refoulement of three Cambodian nationals recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), the Asia Pacific Refugee Rights Network (APRRN) strongly urges the Thai government to reaffirm its commitment to the principle of non-refoulement (the prohibition against the forcible return of refugees or people seeking asylum to a country where they are liable to be persecuted) in accordance with its international legal obligations.

On 8 November 2021, Thai police arrested Veourn Veasna and Voeung Samnang in Bangkok. Veasna and Samnang were transported to the Phayathai Police Station and then to the Suan Phlu Immigration Detention Center (IDC). On 9 November 2021, UNHCR visited the two men in the IDC and informed the Thai authorities that they were recognized as refugees by UNHCR. Veasna and Samnang informed UNHCR that they feared they would be taken to Cambodia. Later that day, they were forcibly returned to Cambodia, where they are both currently imprisoned. The following day, Thailand presented at the United Nations on its human rights performance over the preceding five years, stating:

Thailand respects the principle of non-refoulement, in accordance with its humanitarian tradition and international obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).[1]

The very next day, Thai authorities refouled Cambodian refugee Thavry Lanh.

Veasna, Samnang, and Lang are members of the Cambodia National Rescue Party (CNRP), the country's main opposition party. The CNRP was dissolved in November 2017, just eight months before the 2018 election which was widely assessed to be neither free nor fair. After Veasna, Samnang, and Lanh fled to Thailand, they continued to criticize the Cambodian government’s policies. The Cambodian government has brought politically motivated criminal charges against all three because of their political activism.

As Thailand has acknowledged, it is obliged to respect the principle of non-refoulement. Despite these international legal obligations, the Thai government has repeatedly refouled refugees. The government has frequently cooperated with foreign governments that seek the return of citizens who have sought refuge in Thailand, including the deportation of former Hmong resistance leader Moua Toua Ter to Laos in June 2014;[2] the deportation of 109 Uyghurs to China in July 2015;[3] the deportation of two Chinese activists in November 2015, despite interventions from the United Nations and the Canadian government;[4] and the deportation of Turkish national Muhammet Furkan Sörkmen in May 2017.[5]

Cambodian nationals have been particularly targeted for forcible return. On 8 February 2018, Sam Sokha, a UNHCR-recognized refugee, was deported to Cambodia in connection with a politically motivated in absentia conviction.[6] In December 2018, Rath Rott Mony, a trade-union president and journalist, was arrested and deported to face charges concerning his assistance to a documentary film crew exposing the sex-trafficking of minors.[7] In November 2019, Tor Nimol, a CNRP activist who had earlier been recognized as a refugee, and his wife Chen Lim, were arrested in Bangkok and swiftly returned by Thai authorities to Cambodia. Upon arrival in Cambodia, he was forced to denounce the CNRP in an interview with the government-affiliated Fresh News.[8] His current whereabouts are unknown.

The people of Thailand have a long and proud tradition of affording protection to refugees, and of not returning men, women, and children to places where they are in danger of suffering persecution and harm. Over many generations, the people of Thailand have welcomed many people fleeing conflict and oppression in China, Vietnam, Cambodia, Myanmar, and other neighbouring countries. Many Thai citizens today are the descendants of refugees. In 2019, Thailand showed commendable leadership in establishing a National Screening Mechanism to protect persons who are at risk of persecution. The recent actions of the Thai government have, however, created an atmosphere of fear and insecurity among refugees in Thailand. Hafsar Tameesuddin, Chair of APRRN, has stated: “As a former refugee who once was forced to flee my country, I know how it feels to live in constant fear, helplessness, and insecurity. The Thai government must stop the deportation of refugees and provide safety in line with their moral and humanitarian obligations.” Returning refugees into the hands of their persecutors is in conflict not only with international law, but with the principles and values of the Thai people and their government.

Considering the recent forced returns, we strongly urge the Thai government to:

Immediately cease the deportation of refugees and people seeking asylum to places where they are likely to be harmed.

Comply with Thailand’s international legal obligations, as recognised in its recent statements to the United Nations.

Cease the arrest and detention of people seeking asylum and refugees who are under the protection of the United Nations.

Enable refugees from Cambodia to register for protection under Thailand’s National Screening Mechanism.

The Asia Pacific Refugee Rights Network (APRRN) is a network of over 200 active civil society organisations and individuals from 29 countries committed to advancing the rights of refugees in the Asia Pacific region. APRRN aims to advance the rights of refugees and other people in need of protection through joint advocacy, capacity strengthening, resource sharing and outreach. While APRRN statements are prepared in consultation with members, they do not necessarily reflect the views of all APRRN members.



[1] Thailand, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21, A/HRC/WG.6/39/THA/1, 17 August 2021, para. 108.

[2] Di Hoa Le, Laos Preparing Charges Against Deported Hmong Resistance Leader, Radio Free Asia, 7 July 2014.

[3] Govt Confirms Deportation of 109 Uyghurs to China, Bangkok Post, 9 July 2015.

[4] Oliver Holmes, UN condemns Thai repatriation of Chinese dissidents, The Guardian, 17 November 2015.

[5] U.N. expresses grave concern over Myanmar, Thai deportation of Turkish national, Reuters, 27 May 2017.

[6] Cambodia dissident in jail after Thailand deportation, Al Jazeera, 10 February 2018.

[7] Prak Chan Thul, Thailand sends home Cambodian critic wanted over sex-trafficking film, Reuters, 12 December 2018.

[8] Cambodia: Stop Harassment of Opposition Figures in Thailand, Amnesty International, ASA 23/1632/2019, 27 December 2019.



URGENT STATEMENT

APRRN mourns the death of Rohingya leader Mohibullah and calls for more determined international action to protect Rohingya activists and refugees


BANGKOK, 1 October 2021:


APRRN condemns in the strongest terms the brutal killing of Mohibullah, Chairman of the Arakan Rohingya Society for Peace and Human Rights (ARSPH), at his office in Kutupalong refugee camp in Cox’s Bazar, Bangladesh. We express our deepest condolences to his family, colleagues, and the Rohingya community.

Mohibullah was a courageous and dedicated human rights activist and community leader. He worked for local and international humanitarian organisations in Rakhine State before fleeing to Bangladesh in 2017. Soon after arriving in Cox’s Bazar, Mohibullah founded ARSPH and organised Rohingya refugees to document human rights violations, calling for Myanmar citizenship, security, and accountability. In 2018 and 2019, Mohibullah and his colleagues mobilised massive non-violent demonstrations in the camps calling for safe, voluntary, and dignified repatriation to Myanmar. Through his tireless advocacy on behalf of his people, Mohibullah emerged as the most prominent leader among Rohingya refugees in the Bangladesh camps. He and his organisation became a convening point for dialogue between Rohingya refugees and a wide range of stakeholders, from visiting foreign ministers and diplomats to human rights delegations. In 2019, Mohibullah briefed an APRRN delegation of human rights commissioners from several ASEAN countries and also met with several ministers from Malaysia who APRRN accompanied to the camp. In all these meetings, Mohibullah advocated passionately for the fundamental rights of Rohingya refugees to return to their homeland and facilitated the participation of diverse members of the Rohingya refugee community, including women, youth, and the elderly. His death is a tragic loss for the entire Rohingya community.

As Mohibullah stated: “As Rohingya refugees living in the Cox’s Bazar refugee camp, we ask not to be celebrated, but for our rights—the rights to justice, to citizenship, and to return home.

Mohibullah is the most prominent activist to have been killed in the camps, but many others, including religious leaders, journalists, and ordinary civilians have in recent years been abducted or killed. Rohingya fled to Bangladesh to seek safety but continue to face insecurity and severe harm in the camps. On multiple occasions, human rights defenders, women and girls, and members of other vulnerable minority communities within the Rohingya population have demanded better protection.

Under Article 6 of the International Covenant on Civil and Political Rights, “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” Further, as a signatory to the ICCPR, Bangladesh is obliged “[t]o ensure that any person whose rights or freedoms ... are violated shall have an effective remedy” (ICCPR, Article 2(3)(a)). His killers must be brought to justice.

“The laws and systems that exclude marginalised groups have failed us again. The international community, including the Bangladesh government, should take immediate actions against such acts to ensure the safety of Rohingya advocates and leaders from the camps. Their lives should be equally protected as the lives of any other humans regardless of their status.”

- Hafsar Tameesuddin, Chair of APRRN

Concerns with stringent security measures which exacerbate security risks


Beginning in August 2019, the Bangladesh government has enacted a series of stringent security measures in the Rohingya refugee camps in Bangladesh. These have severely affected access to basic rights for the Rohingya and constrained humanitarian access. The fragile protection and security situation underscores the need for a robust legal and policy framework, collaboration, and coordination across a whole-of-society approach, and the meaningful inclusion of the Rohingya refugees in decision-making, coordination mechanisms, and in the humanitarian response.

Rather than improve the security of refugees, Government measures—such as telecommunications restrictions, crackdowns on Rohingya civil society groups, the construction of fencing, relocation to Bhasan Char, and the increased securitization and surveillance within the camps—are exacerbating security challenges. These measures further alienate refugees, and increase fear and insecurity among both Rohingya refugees and host communities. These restrictions have been reimposed and aggressively enforced since the COVID-19 pandemic; new measures enacted purportedly to contain the spread of the virus have made conditions less safe. Rohingya refugees in the camps have also had to contend with fires that have killed 11 refugees and destroyed 10,000 shelters, as well as flooding and landslides that caused the deaths of 10 refugees and forced around 24,000 to abandon their homes and belongings.

Recommendations

  • We call on the Bangladeshi authorities to investigate the murder of Mohibullah and to promptly charge and prosecute the perpetrators according to due process of law. Access to justice is essential for all residents.

  • The Government of Bangladesh, along with other stakeholders, must work to protect refugee human rights defenders in the camp. This includes tailoring protection interventions to meet the unique and specific needs of the Rohingya and building a safe and enabling environment for the defence of human rights.

  • For security measures to be effective in protecting refugees, refugees—including leaders like Mohibullah was, as well as women and marginalised groups—must be actively involved in shaping them.

  • The international community must work with Bangladesh and other nations hosting Rohingya refugees to protect their basic rights and freedoms while working for solutions to the crisis, including achieving conditions in Myanmar that will allow for safe, voluntary, and dignified return and offering resettlement to safe countries for those at risk.