Illegal Aliens or Refugees? 100,000 Burmese Chin Christians in India

christiantianpost.com

WASHINGTON – Some 100,000 ethnic Chins from Burma have fled torture and religious persecution in their homeland to take refuge in Mizoram state in eastern India, where they make up an astounding 10 percent of the population – but on paper – they don't exist.

(L-R) Dan Kosten, chair of Refugee Council USA; Joel Charny, vice president for humanitarian policy and practice at InterAction; Matthew Wilch, U.S. human rights lawyer and lead writer of the report; and Jenny Yang, director of advocacy and policy for the Refugee and Immigration Program at World Relief, at a press conference for the release of the report "Seeking Refuge: The Chin People in Mizoram State, India, on Tuesday, March 6, 2012, in Washington, D.C.

This problem – the Chins' legal non-existence in Mizoram – brought together a panel of humanitarian experts on Tuesday in Washington, D.C., to raise awareness about the plight of this highly overlooked ethnic group – 90 percent of which is Christian – at a media event for the release of the 134-page report, "Seeking Refuge: The Chin People in Mizoram State, India."

"Partially due to difficulty with access into Chin state in Burma and Mizoram in India, there has been much less focus on the Chin situation than it really warrants," said Joel Charny, vice president for humanitarian policy and practice at Interaction, the largest alliance of U.S.-based relief and development organizations.

"This report shines a badly need light on a painful, neglected situation."

The Chin people are from Chin State in western Burma. Since 1988, tens of thousands of Chins have fled to neighboring Mizoram to escape ethnic, political, and religious persecution under the notorious Burmese military regime. There are an estimated 100,000 Chins in Mizoram state. Until January 2011, foreigners were not allowed into the eastern Indian state.

A delegation, that included panel members, traveled to India from April 7 through May 2, 2011, to assess the situation of the Chin people in Mizoram. What they found was a little-reported, long-term, urban refugee problem that included the Chins in India being considered illegal aliens and therefore in constant danger of arrest, fines, and deportation – even though they could face torture and death if returned home.

Because the Chins in Mizoram are undocumented and not recognized as refugees, they cannot obtain legal work and mostly resort to manual labor, farm work, construction work, selling goods in markets, and maid service to earn a living. It is not unusual for them to be underpaid, but they cannot report it to local authorities out of fear of being arrested or deported.

Matthew Wilch, a U.S. human rights lawyer and the lead writer of the report, described the Chins' financial situation in Mizorum as "chronic economic instability." Eviction of Chin families from their rented home is very common.

It is especially hard for Chin children born in Mizoram because they are stateless and their parents often don't have enough money to enroll them in school.

Jenny Yang, director of advocacy and policy for the Refugee and Immigration program at World Relief and a member of the team that visited Mizoram last year, said, "[I]t (the 2011 trip to Mizoram) was also unique in that there was virtually no international presence, no non-government organization. And UNHCR didn't have a presence at all, which meant that the protection challenges and humanitarian challenges that the refugees face was that much more urgent because they have no international body providing protection for this group of people."

Yang recalled that during the trip to Mizoram, she met a woman who was crying while recalling her plight. The Chin woman shared to Yang that Burmese military officials had detained and tortured her 18-year-old brother out of suspicion that he was a pro-democracy activist. After two weeks of being tortured in jail, her brother died. His body was released to her parents and it was after this that the Burmese military realized that her brother was not a pro-democracy activist but only a student.
The woman said that her other brother was also tortured in jail, and his left hand was cut off. With only one hand left, her brother fled to Mizoram to escape being detained again. Back in Chin State, the woman was a teacher and had two children. But one day she reported to authorities that one of her 14-year-old students was raped by two Burmese soldiers. While at the market that week, the woman's friends informed her that Burmese authorities were at her home. Upon hearing that, she fled to Mizoram, where she lives with her handicapped brother and her parents.

"There is no assistance program or protection for them whatsoever in Mizoram," Yang stressed. "Even as these refugees are fleeing persecution in Burma, they flee to India where there is no protection for them at all, and the fear they have is perpetual – not just in Burma but in India as well.

"Without the legal status of a lot of these refugees, without some sort of documentation, what we found is that this lack of protection has affected literally every single aspect of their lives: their livelihood, their access to healthcare, their access to education, and literally every aspect of their lives. They live not only in fear, but on the margins of a society because they are not recognized as refugee in Mizoram state."

The panel recommendation includes that the central government of India maintain the lifting of the Restricted Area Permit (RAP) so that humanitarian organizations, governments and individuals can travel to Mizoram state to meet with those affected by the Chin refugee problem and find a solution.
It also recommends the Indian government and UNHCR establish and maintain refugee protection for Chins in partnership with the international community, and for the Indian government to provide Chins with legal status and access to legal and court protections so they will be freed from the threat of arrest and deportation.

Another recommendation is for the United States, United Kingdom, Japan, Australia, Canada, Sweden, Norway, Denmark, New Zealand, the Czech Republic and other countries and the European Union to partner with the central government of India and Mizoram to provide refugee protection and assistance to Chins.

India's Mizoram state is overwhelmingly Christian, with 95 percent of the 1 million population being followers of Jesus.

"I cannot overstate the importance of the Christian community and church in Mizoram state," noted Jenny Yang. "The influence of the church, whether it is the Presbyterian church, the Baptist church, or the Catholic church especially, is critical and they will continue to be critical in providing any kind of assistance to refugees in the future."

Chin Seeking Refuge in India

chinseekingrefuge.com

The Report

Featured Report

Seeking Refuge: The Chin People in Mizoram State, India, December 2011

In 2011, a delegation (see "About Us") of people knowledgeable about Chin issues, refugee protection, and humanitarian assistance travelled to India to assess the humanitarian crisis of Chins seeking refuge in Mizoram State, India. The delegation was supported by Chin churches from the United States and by faith-based and other nongovernmental organizations from the United States, India, and Geneva. During the assessment trip to India, the delegation met with a range of leaders from the Chin community and with government, community, and faith-based leaders from the host community. The report is a synthesis of the assessment, research, and stakeholder consultations, including both extensive factual information and recommended solutions to the challenges. The report is not meant as a final say about the situation, but as a catalyst to begin an ongoing, roundtable conversation among Chin, Mizoram, and Indian stakeholders and stakeholders from the international community and concerned countries such as the United States. The goal is to come to a common understanding about the humanitarian challenges and solutions for Chins seeking refuge in Mizoram and for their host community and to address the protracted situation with fairness and compassion.

Download HERE

Download HERE

The Foreword for the Report

Dear Reader,

We welcome this report as a thoughtful and thorough explanation of the daunting challenges facing a large group of Chin people, an ethnic and religious minority group that has fled over the years from the persecution of the Burmese military regime to Mizoram State, India. The report likewise sheds light on the challenges that Mizoram State and the central government of India face hosting such a large group of people and of the need for the international community, including the United States, to play an active role in supporting both the Chins and their Indian hosts.

We have come to know the Chins in the United States. For years, they have resettled to various parts of our country and formed a strong community of members who are contributing and strengthening our country. Their active voices and involvement in the lives of their own people in the United States, back in Burma, and in the various asylum countries throughout the world have made us aware and concerned about their plight in Burma and in the countries of refuge.

Burma has long been known for its human rights abuses. Its military regime has for years persecuted people based on ethnicity, religion, and political opinion. The outflow of Chin people is a result of those abuses. While we applaud the ongoing political efforts by Daw Aung San Suu Kyi and hope for reform of the Burmese regime, human rights violations continue to occur against the ethnic minorities in Burma. As long as the ethnic political issues are unresolved, the refugee crisis and migration will continue.

The Chins in Mizoram State, India, live in a protracted, urban refugee situation and face daunting problems related to protection, livelihood, health, and education. While many of them have been there for years, this report sheds light that new arrivals continue to flee into Mizoram, including many youth who are fleeing forced conscription by the Burmese military. For years, this region of India has been restricted from outside access. The Indian government lifted the restrictions in January 2011, however, with an abatement of civil strife in the region. This report is the first report since the lifting in which the delegation met with not just the Chins in Mizoram, but also with elected officials, church leaders, and the local community. They met in a problem-solving, solutions-oriented roundtable approach to address the humanitarian plight of the Chins and to explore ways to reduce the burden on the host community of Mizoram State.

We express strong support for this report which gives us first-hand information highlighting a critical area of the world on which more attention is needed. During 2011 which marks the 60th anniversary of the Refugee Convention and during the year ahead, we encourage our own government, and our valued colleagues and friends in the Indian government, to carefully consider the report’s analysis and recommendations to work together with the international community to address the situation.

Sincerely,

Dan Kosten, Chair, Refugee Council USA Sam Worthingon, President and CEO, InterAction

Statements of Support for the Report

“The Chin community here in the United States feels thankful and blessed that we are free from danger and able to build new lives. But our hearts are always with our Chin people who continue to flee from persecution in Burma and seek refuge in countries around the world. We are called to respond to the needs of our people who have fled to India. This report will help us understand and support our Chin people and our Mizo brothers and sisters as they reach out to them."

--Rev. Dr. C Duh Kam, Executive Minister, Chin Baptist Churches USA

“The humanitarian challenges facing the 100,000 Chins who fled from Burma and the people of Mizoram State who are hosting them are a challenge for the wide community of Christian churches as well. How do we help our Chin brothers and sisters in need and how do we provide support to the front lines to the Mizoram people and churches who are providing them refuge? This report begins to answer those questions.”

--Dr. Geoff Tunnicliffe, CEO and Secretary General, World Evangelical Alliance

“For years, we have had a very strong relationship with many of the churches in northeast India and Burma, and they have been a beacon of light and hope for the Christian community around the world. We understand the struggles they go through as a community, and we stand in solidarity with them to shed light on this critical situation.”

--Rev. Raimundo C. Barreto Jr., PhD, Director, Division for Freedom and Justice, Baptist World Alliance

“This report is timely and is urgently needed to bring attention and real solutions to a situation that has been ignored for far too long. With this well-documented report, it is now time for the international community to work together rapidly and effectively to improve the lives of the Chins in Mizoram. Our Office has advocated for this population in the past. We will continue that effort until real and meaningful solutions have been found for them. With that in mind, we believe that this report is a much-needed step in the right direction.”

--Ambassador Johnny Young, Executive Director, Migration and Refugee Service, U.S. Conference of Catholic Bishops

“We have come to know the courage and perseverance of the Chin people who have fled from Burma and sought refuge around the world, including those resettled in the United States. This report details why they flee Burma, what protection and humanitarian challenges they face now in India, and how churches, governments, and NGOs can work together to help the host country India meet those challenges.”

--Dan Kosten, Chair, Refugee Council USA

“The Chins in Mizoram face daunting protection problems that urgently need more attention from the international community. This report gives a comprehensive firsthand account of the serious humanitarian challenges the Chin and Mizoram people face and ways that the international community can actively engage in helping to meet these challenges.”

--Sam Worthington, President and CEO, InterAction

“As the humanitarian arm of the National Association of Evangelicals, we are committed to empowering the local church to serve the most vulnerable. We have seen and heard about the suffering of the Chin refugees in various parts of the world for years, as well as the strength of the Christian community in Mizoram in hosting the Chins. We thank the Chin people and the Mizoram leaders who generously welcomed the delegation to India and hope that this report will spark a strong commitment from the church and broader international community to stand with the displaced Chin people and their Mizoram host communities."

--Stephan Bauman, President and CEO, World Relief

“This is the first comprehensive report on the needs of this large group of Chin people in Mizoram State, India. It makes a valuable contribution to our understanding of the serious protection challenges facing Chins seeking refuge in India, particularly women and girls and unaccompanied children. The report offers recommendations that can help improve their protection and identify durable solutions.”

--Sarah Costa, Executive Director, Women’s Refugee Commission

"For more than twenty years, the international community has joined the country of Thailand to help meet the humanitarian needs of refugees fleeing across Burma's eastern border. This report shows why it is time to also focus on those fleeing across Burma's western border to India. The generous and welcoming people of Mizoram State, India, need to be supported, as well as the Chins seeking refuge. This report shows why and how the international community can help India to meet the protection and humanitarian needs of the Chins in India. The Lutheran World Federation, Lutheran World Service India Trust, and Lutheran Immigration and Refuge Service are committed to joining with others of good will to be part of the solution for Chins and for the people of Mizoram."

--Ralston Deffenbaugh, Asst. Gen. Sec., Human Rights and International Affairs, Lutheran World Federation

Myanmar refugees in Malaysia are not eligible for 6P

nst.com.my

MENTAKAB:   Refugees from Myanmar are not eligible for the Comprehensive Legalisation Programme for Illegal Immigrants (6P), Human Resources Minister Datuk Seri Dr S. Subramaniam said yesterday.

He said this was because they were protected under the United Nations High Commissioner for Refugees (UNHCR) and the government could not interfere with their affairs.

"According to the UNHCR law, they are placed in the country temporarily pending their transfer to countries that are willing to accept them.

"These refugees are not allowed to work as their welfare is being taken care of by the UNHCR."

He was responding to complaints from Myanmar refugees who claimed they had been laid off by employers who wanted to avoid problems with the Immigration Department in the course of registering them for the 6P programme.

Dr Subramaniam said the refugees could not blame the government for the problem.

"They have to discuss the problem with the Home Ministry. If they want to work, they have to get special permission from the ministry," he said after presenting personal identification documents under the MyDaftar campaign here.

In Seremban, Dr Subramaniam said the Human Resources Ministry was in the final stages of completing all processes before announcing the minimum salary for private sector workers in the country.

He said the effort would benefit 30 per cent of local workers at the moment who received a salary of less than RM900.

The government had ensured that the fixed rate would not burden the employers, he added.

"We have considered everything and this rate will benefit the country, including boosting the economy. More job opportunities will be offered to locals and, at the same time, reduce the number of foreign workers."

The minister was speaking after the groundbreaking for SJK (T) Labu's new building here yesterday.

Dr Subramaniam hoped that the minimum wage would be announced by Prime Minister Datuk Seri Najib Razak next month.

The Finance Ministry has allocated RM1.9 million for the new two-storey building, which will comprise 12 classrooms.  Bernama

Does Malaysia deserve a seat in UNHRC?

freemalaysiatoday

Malaysia is currently one of the 47 member states in the United Nations Human Rights Council (UNHRC) and will serve in the council till 2013. The UNHRC was created by the UN General Assembly on 2006 under resolution 60/251 in order to strengthen the promotion and protection of human rights for every human being.

The question is whether Malaysia deserves to seat in the respected seat in promoting and protecting human rights? This letter does intend to look into this question whether Malaysia deserves or not by looking at the refugee situation and current state’s policy and implementation in regard to refugees’ survival in Malaysia.

I am, once again disenchanted with the statement made by one of the senior ministers that refugees can’t work because they were covered by the United Nations High Commissioner for Refugees (UNHCR). It is not a matter of welfare.

It’s a matter of right – human right. To work is a right not welfare regardless of nationality, race and status. It is covered by the Universal Declaration of Human Rights (UDHR). Furthermore, the right to work is a fundamental right enshrined in the 1951 Refugee Convention to which Malaysia is reluctant to ratify it.

Malaysia often promoted its self as a moderate country and committed to promote human rights. While doing that, Malaysia keeps reluctant to ratify many UN conventions and treaties including the Refugee Convention. Non-legally binding commitment is the best way in showing its commitment to promote human rights and helping refugees in the country.

Malaysia committed to provide assistances to refugees based on the humanitarian basis. Does this guarantee that refugees may enjoy their rights? Does this assurance the protection and empowerment of refugees? The statement made by the minister that refugee can’t work has shown that no one is able to make the government accountable to what they have committed to do.

Malaysia is reluctant to be a signatory to the Refugee Convention, and the domestic act has never protected refugees. Malaysian Immigration Act 1959/63 does not even differentiate between refugees and irregular migrants and therefore they can be arrested, detained, deported and caned for up to six strokes. While facing all the threats above, UNHCR’s role in protecting and providing immediate and necessary assistances are limited.

In terms of empowering refugee community and helping in need of immediate assistance refugees, how many refugees are now given allowance by the UNHCR since they are not allowed to work legally in this country? If they are given in cash, how much does UNHCR give them? Is it enough to cover one family (between 3 to 6 family members)?

If a refugee is handicapped, injured because of accident or has a chronic disease, is UNHCR able to provide assistances? If a refugee is not be able to pay for hospitalisation fees (even after 50% discount), is the UNHCR able to look into this and help? If refugess are not allowed to work and UNHCR does not provide them any assistance, how do they survive? Many of refugees in Malaysia I’ve met expressed their difficulty in getting assistance from UNHCR.

The government tends to look at the refugee issues in this country from a security perspective. Issues related to the inflow and daily survival of refugees has escalated beyond humanitarianism.
Government institutions and agencies tend to look them as a threat to the state, and environmental security. My question is how many refugees involved in street crimes, robbery and any other serious crimes? Does the Malaysia statistic able to prove the alarming figures?

By looking their presence in the country as a threat, the war against refugees has long been undertaken. But not in a direct war and proclamation but war through proxy’s issues such as war against people smuggling, human trafficking and terrorism. Even the victims of people smuggling and trafficking to which many of them were genuine refugees – have been charged and criminalised under specific acts.

No right to seek asylum where they were arrested upon arrival. No genuine protection to not be forcibly returned to home country to which they will face serious threat. No right to gain education.
Nothing is given in the form of genuine and fundamental rights to refugees in Malaysia but Malaysia still seat in the UNHRC to so-called promoting and protecting human rights. Does Malaysia deserve to seat in the UNHRC?

Refugees fear mass deportation

FreeMalaysiaToday

PETALING JAYA: Refugees and asylum seekers have been allegedly sacked by their bosses with the introduction of the 6P amnesty programme, and they fear an impending crackdown.

Myanmarese asylum seeker Patrick Sang claimed that local employers didn’t want to go through the trouble of registering this group with the Immigration Department.

“Since the news of the major crackdowns and accompanying measures, many of the refugees and asylum seekers and their families have been fired by their bosses.”

“They lost their jobs…because employers didn’t register them under the 6P programme,” he told reporters today at Tenaganita’s office.

Sang was referring to the government’s 6P amnesty programme which started last June to legalise illegal foreign workers.

Thus far, only 379,020 illegal foreign workers have been legalised by the Immigration Department.

One million undocumented individuals, however, have either no work permits or have seen them rejected thus far.

A total of 94,856 migrants have been deported to their home countries since the programme’s inception.

Refugees and asylum seekers at risk

Some have speculated that the programme, which has been extended to April 10, will see a crackdown on migrant workers who have not yet been legalised by the government.

Refugees and asylum seekers are especially at risk, as they are not recognised as such in Malaysia. Instead, they are classified by the government as undocumented individuals.

They are especially concerned with the federal government boasting a four-million-enforcement-agent deployment against illegals after programme’s deadline.

This, according to Sang, was a very real fear for asylum seekers like him who face detention and deportation.

“It seem like there’s going to be huge crackdown (after April 10). Why don’t they just postpone the crackdown? If they want to exercise it, do it after all the refugees and asylum seekers are recognised.”

“If the registration for the refugee does not take place before April 10, all the refugees and asylum seekers are going to be in big trouble.”

“It heightens our fear. (If they register us) we don’t have to live with this fear daily,” he said.

Even a registration in March for nearly 100,000 refugees would be too late, Sang added. He said that it would take two or three months to fully register and legalise an individual.

Tenaganita executive director Irene Fernandez called for an immediate halt on the impending crackdown on migrants and refugees.

She also asked for migrant and refugee detainees to be released, as well as the government to stop deporting them.

Criticising the 6P programme, Fernandez said that a systematic plan was needed to address the “structural flaws” in the country’s migration system.

Chin Community in Kitchener, Canada celebrates their culture

The Record Journal

Chin National Day Celebration:  Van Peng, front and Ngun Hlei Par perform a skit that shows traditional hunting during the cultural demonstration at a celebration of the 64th Chin National Day at King Edward Public School.

KITCHENER — Tucked vulnerably between India and Bangladesh and sitting at the western edge of Burma, also called Myanmar, the tiny state of Chin has struggled for centuries to maintain their culture and independence. Theirs is a story of a people who continue to be dominated by more powerful forces yet steadfastly refuse to be assimilated.

Every February for the past six years, a small cluster of Chin people gather in Kitchener to celebrate Chin National Day which falls on Feb. 20, though this year’s celebration took place Saturday at King Edward Public School’s auditorium.

Victor Khambil, president of the K-W Chin Community and a staunch supporter of both his people and their culture said there are only 253 Chins in the region and that national day celebrations are important for their children, to keep their culture alive.

The day’s festivities were filled with food, music, dance and dark-eyed children darting around the halls and among the adults. What was most striking was the clothing, a vivid array of reds, oranges, yellows and blues with women wearing sometimes two gold belts and skirts swinging wildly with strands of beads. Khambil explained, there are many dialects among his people – he speaks nine - and each village has it’s own traditional fabric colours and patterns.

“When we get together, it’s very colourful,” he said, a wide sash of brilliantly coloured cloth tied across one shoulder and draping to his knees, a traditional style for men.

Khambil is not surprised few people in Waterloo Region are familiar with Chin culture, given their small population. The first Chin arrived in the region in 2003 and few have followed, largely because of immigration restrictions.

“All of us are refugees,” he said, adding his fellow Chins have limited English skills so they end up in low-skilled positions.

Khambil arrived in Canada from Malaysia in 2004, settling first in Thunder Bay where he attended college for two years. Today, he spends much of his time helping his people, including returning to Malaysia where 50,000 Chin live as refugees, as they do in India where he estimates there are 60,000 refugees.

“There are eight major states in Burma, Chin is the poorest,” he said, adding that in Burma, their numbers are about 500,000 in the strictly controlled Chin State and that they are “100 percent Christians” in a largely Buddhist society.

As a fiercely independent people, the Chin’s history is one of constant struggle. They came from the plains of Mongolia, migrating south to Burma around 1000 AD. In modern times, the Chins have been controlled by the British, then their borders were divided between Pakistan and India. When the Union of Burma gained independence from the British, they took the Chin territory with them and since then, it’s been a struggle to maintain their identity.

In February, 1948, the Chin were determined to recognize themselves as a democratic nation and so 5,000 gathered from across the Burmese state for the first National Day celebration. Today, any such celebration is banned in Burma.

In Waterloo Region, this year’s celebration marked their sixth and it seemed more like a family reunion. With so few numbers of Chin in the region, Khambil admits everyone knows everyone, then adds with a laugh, “and everyone’s children, and everyone’s house.”

Despite their small numbers, the region’s Chin population attends two different Christian churches, though they often blend their activities.

“We are always together,” he said, happily.

vhill@therecord.com

Thousands of refugees at risk of arrest in nationwide raid in Malaysia

freemalaysiatoday

Tens of thousands of refugees and asylum seekers are at undue risk of being arrested arrest in the upcoming raids all over Malaysia.

On Saturday afternoon, Feb 11, at the beautiful Central Market and Kota Raya in downtown Kuala Lumpur, while many tourists and locals shopped, more than 100 people (including illegal migrant workers, asylum seekers, and refugees) were arrested for illegally working.

Just 20 minutes after the arrests were finished, one looking at the market would never even have known that anything out of the ordinary had occurred. Onlookers must be unaware of the situation involving many of the arrested and the at risk individuals for arrest.

Approximately 40 of the arrested people were refugees and asylum seekers that came to Malaysia trying to escape the violations of their basic human rights by the Myanmar government.

These refugees and asylum seekers didn’t come to Malaysia to work like many of the immigrants that the ministry recently asked to register under the Illegal Immigrant Comprehensive Settlement Programme (6P).

The 6P doesn’t pertain to the refugees or asylum seekers. The refugees and asylum seekers are simply waiting to be registered with UNHCR and then resettled. The refugees and asylum seekers are more than willing to register with the ministry too, which was stated (at least twice in The Star) would become available early January 2012. No such registration became available.

This registration would have then provided proof of status and exclusion from arrest for these individuals and those at risk in the upcoming raids by Rela, Immigration, and the Malaysian police.

The “Big Sweep” starts this Thursday.

Without the means to support oneself or family, tens of thousands are left to wait. At this time, there is no way to register with UNHCR or the Malaysian government leaving the refugees without proof of status, not allowed to legally work, dormant in their quest for resettlement, and vulnerable to arrest possibly leading to detainment for up to six months for refugees (who are registered with UNHCR) and possibly longer for asylum seekers.

All of the arrested are currently being detained at the KLIA Camp. Action must be taken to stop the wasting of more precious time, resources, and human energy on this undirected attack on innocent people.