Thursday, December 31, 2009

Where Impunity Reigns

The Newyork Times

The world needs to be reminded, again and again, that the military regime in Burma (Myanmar) continues to perpetrate every conceivable human rights violation.

Any Burmese showing any dissent is brutally suppressed, as the world witnessed two years ago when peaceful Buddhist monks demonstrated. Many monks were killed or have disappeared; several hundred remain in prison.
Beyond that, more than 2,000 political activists are in Burmese prisons today, subjected to torture, denial of medical treatment and ludicrous sentences.
Student leader Bo Min Yu Ko is serving a 104-year prison term; Shan ethnic leader Hkun Htun Oo has been imprisoned for 93 years; democracy activist Min Ko Naing for 65 years. The most famous human rights activist, Aung San Suu Kyi, has been under house arrest for almost 14 years, and the term was extended for a further 18 months after a sham trial.
Many of these activists are in prisons thousands of miles from their families, and several are critically ill.
One category of victims of the military dictatorship that gets far less attention is Burma’s ethnic minorities.
In eastern Burma, the regime has been conducting a brutal military campaign against people of the Karen, Karenni and Shan groups. Since 1996, more than 3,300 villages have been destroyed and more than a million people internally displaced. A Karenni friend of mine has described it as “Pol Pot in slow motion.”
The catalogue of terror includes the widespread, systematic use of rape as a weapon, forced labor, the use of human minesweepers and the forcible conscription of child soldiers.
In northern and western Burma, the predominantly Christian Chin and Kachin peoples also face systematic religious persecution.
The Muslim Rohingyas, targeted for their faith and ethnicity, are denied citizenship, despite living in Burma for generations. Thousands have escaped to miserable conditions in Bangladesh.
I have travelled more than 30 times to Burma and its borderlands. I have met former child soldiers, women who have been gang-raped, and many people who have been forced to flee from their burned villages.
Earlier this year, I met a man who had lost both his legs following an attack on his village.
When the Burmese Army came, he fled, but after the troops had moved on, he returned to his smoldering village to see if he could salvage any remaining belongings. Where his house had stood, he found nothing except ashes — hidden in which was a landmine laid by the troops. He stepped on the mine, and lost both legs.
He was carried for an entire day for basic medical treatment and then, a few weeks later, he walked on crutches through the jungle for two days to escape. He fled to a camp for internally displaced people near the Thai border. Four months later, that camp was attacked and he had to flee again.
An eyewitness once told me that in a prison camp in Chin State, prisoners who tried to escape were repeatedly stabbed, forced into a tub of salt water, and then roasted over a fire. A woman in Karen State described to me how her husband was hung upside down from a tree, his eyes gouged out, and then drowned.
The United Nations has documented these atrocities. For years, General Assembly resolutions have condemned the abuses. Previous special rapporteurs have described the violations as “the result of policy at the highest level, entailing political and legal responsibility.” A recent General Assembly resolution urged the regime to “put an end to violations of international human rights and humanitarian law.”
The U.N. has placed Burma on a monitoring list for genocide, the Genocide Risk Indices lists Burma as one of the two top “red alert” countries for genocide, along with Sudan, while the Minority Rights Group ranks Burma as one of the top five countries where ethnic minorities are under threat. Freedom House describes Burma as “the worst of the worst.”

This year, the United States reviewed its Burma policy and adopted a new approach of engagement while maintaining existing sanctions.
While this is the right approach in principle, and one advocated by the democracy movement, the danger is that the message has been misinterpreted, both by the regime and countries in the region.
Even though President Obama and senior U.S. officials have consistently emphasized that sanctions will not be lifted until there is substantial and irreversible progress in Burma, including the release of Aung San Suu Kyi and all political prisoners and a meaningful dialogue between the regime, the democracy movement and the ethnic nationalities, the impression created in the region is that the U.S. is going soft.
This is unfortunate, as it has let Burma’s neighbors off the hook just when they were showing tentative signs of toughening up their approach. Trying to talk to the generals is right, but it needs to be accompanied by strong and unambiguous pressure.
In short, little action has been taken by the international community. Countries continue to sell the regime arms, impunity prevails.
The violations perpetrated by the regime amount to war crimes and crimes against humanity. The Harvard Law School’s report, “Crimes in Burma,” commissioned by five of the world’s leading jurists, concludes that there is “a prima facie case of international criminal law violations occurring that demands U.N. Security Council action to establish a Commission of Inquiry to investigate these grave breaches.”
Last week marked the 61st anniversary of the Universal Declaration of Human Rights. If that is to mean anything in Burma, the time has come for the U.N. to impose a universal arms embargo on the regime, to invoke the much-flaunted “Responsibility to Protect” mechanism, and to investigate the regime’s crimes. The time to end the system of impunity in Burma is long overdue.

Benedict Rogers is East Asia Team Leader with the human rights organization Christian Solidarity Worldwide, and author of several books on Burma, including “Than Shwe: Unmasking Burma’s Tyrant.”






Saturday, December 19, 2009

5,000 refugees now beggars in Penang

asiaone NEWS

Thu, Dec 17, 2009


The Star/Asia
News Network
 
MORE than 5,000 refugees registered with the United Nations High Commissioner for Refugees (UNHCR) have flocked into Butterworth to become beggars, reported China Press.

Penang Health, Welfare, Caring Society and Environment Committee chairman Phee Boon Poh said most of them were from Myanmar and children were used to gain sympathy from the public.
"When they land in Malaysia, the government cannot take any action against them. If they are arrested, the most we can do is to hand them over to the Welfare Department and provide the necessary assistance," he said.
Phee said that under to the law, refugees cannot work in the country and this results in begging.

Meanwhile, MCA Public Services and Complaints Department head Datuk Michael Chong said foreign beggars earned more than the white-collared workers in Malaysia.
"They get at least a few thousand ringgit and even up to RM10,000($4088) a month," he said, adding that the foreign beggars, most of whom were from China, Thailand, Myanmar, Pakistan and India, were linked to "bogus beggars" syndicates.


Friday, December 11, 2009

Burma's crimes against humanity must not be ignored

News from Telegraph.co.uk

The British government should lead the way in condemning Burma's brutal repression of its own people, say Caroline Cox and Benedict Rogers.
_______________________________________________________________

As we remember the anniversary of the Universal Declaration of Human Rights and mark International Human Rights Day tomorrow, there are many countries and people who deserve our immediate attention, including, urgently, Burma.

We have just returned from another visit to Burma’s borders. Over the past fifteen years, both of us have travelled regularly to Burma’s borderlands, to meet refugees who have fled the country, and internally displaced people trapped behind the borders in the conflict zones.
Burma is ruled by one of the world’s most brutal military regimes, with the Orwellian name of the State Peace and Development Council. It is guilty of every possible human rights violation. In 1990, the junta held elections, which were overwhelmingly won by the Nobel Laureate Aung San Suu Kyi and her party, the National League for Democracy (NLD). They won 82 per cent of the parliamentary seats, yet the military rejected the results, imprisoned the victors and intensified its grip on power. Most of those elected 19 years ago remain in prison or in exile today. Aung San Suu Kyi has spent more than 14 years under house arrest, and was given a further 18 months in a sham trial earlier this year.

Aung San Suu Kyi deserves our utmost respect, and serves as a crucial symbolic figure for the suffering of her people. But she at least receives some international media attention. Many of her fellow prisoners suffer unreported. More than 2,000 political activists are in prison, subjected to horrific torture, denied medical treatment and, according to eye-witnesses, in labour camps they are yoked like oxen and forced to plough the fields.
Even more forgotten are Burma’s ethnic nationalities, who to varying degrees are suffering a campaign of ethnic cleansing, religious persecution and crimes against humanity. They face cultural genocide, and there may even be a case of attempted genocide to investigate.

Last month, we visited the Chin people of western Burma, along the border with India. The Chin are predominantly Christian, and are persecuted for their religion as well as their ethnicity. They have a tradition of building crosses on hill-tops, but in recent years the Burma Army has forced Chin Christian villages to tear down the crosses, and construct Buddhist pagodas in their place. Chin children are lured from Christian homes, and forced to become novice Buddhist monks. From the regime which brutally slaughtered Buddhist monks protesting in September 2007, it is the ultimate irony – it is a regime which will use any tool to stay in power, including religion.
The Chin people, like other ethnic groups, endure widespread and systematic forced labour and rape. Over the past two years, their suffering has been compounded by a chronic food shortage, caused by a natural phenomenon. Every fifty years, the bamboo flowers attract a plague of rats. The rats multiply rapidly, and destroy virtually all means of survival – rice fields, rice barns and other food supplies. We have highlighted this and our advocacy led to the British Government providing £800,000 for emergency food aid. In the latest cruel twist, however, we heard allegations on our recent visit that aid channelled through the United Nations Development Programme (UNDP) was being distributed to malnourished, starving people in at least 17 of the affected villages in the form of loans, rather than aid. As if that were not absurd enough, villagers were told to repay the loans at two hundred per cent interest. In other cases, people already weakened by malnutrition have been forced to work for their food. Sometimes the inhumanity of international organisations is shocking.
On previous visits to Burma’s eastern border with Thailand, we have heard testimonies of rape, torture and forced labour from the Karen, Karenni, Shan and Mon ethnic groups. Since 1996, over 3,300 villages in eastern Burma have been destroyed and at least a million people driven from their homes. We have sat with women who have been gang-raped by soldiers of the Burma Army, looked into the eyes of a woman whose 15 year-old son had been tied to a tree and beheaded and heard another woman tell how her husband’s eyes were gouged out, his lips torn off, his ears cut off. Another woman described how her husband was hung upside down from a tree, his eyes gouged out, and then drowned.
These are crimes against humanity. International organisations such as Amnesty International and Human Rights Watch have produced numerous reports, in addition to our own, documenting these atrocities. The United Nations itself has accused the regime in Burma of violating international law. It is time therefore for the UN to establish a commission of inquiry to investigate these crimes. The British government should lead the way.
The UN must also introduce a universal arms embargo. Britain supports this in principle, but needs to be more pro-active in turning it into a reality.
Humanitarian aid for the ethnic groups along Burma’s borders is desperately needed. Britain has provided some assistance cross-border to the internally displaced people in eastern Burma, and this should be increased. The British government must also continue its assistance to victims of the chronic food shortage in Chin State, taking measures to ensure that it reaches all the people in need.

As the regime prepares to hold new elections next year, it is vital for the international community to remember the basis on which these elections are held. A new constitution was introduced last year, following a completely sham referendum. The constitution guarantees a quarter of the parliamentary seats for the military, and excludes Aung San Suu Kyi and all political prisoners from contesting. The General Secretary of the Karen National Union (KNU) has described it as a “death sentence for ethnic diversity”. Real change will not come in Burma without significant revisions to the new constitution, and guaranteed inclusive free and fair elections. In particular, the world must pay attention to the plight of Burma’s ethnic nationalities, who make up forty per cent of the population and who face a regime hell-bent on their destruction. As one Chin student told us, “Please help us to fight for our indigenous rights. I am concerned and worried about our future in Burma. Burma’s political crisis is not only a democracy problem, it is also an ethnic and constitutional problem.” This will only be solved by meaningful tripartite dialogue between the regime, the NLD and the ethnic nationalities – and only international pressure will secure such an outcome.



Baroness Cox is a cross-bench member of the House of Lords and Chief Executive of the Humanitarian Aid Relief Trust (HART). She is co-author of 'This Immoral Trade: Slavery in the Twenty-First Century', with a chapter dedicated to Burma.
Benedict Rogers is East Asia Team Leader at the human rights organisation Christian Solidarity Worldwide , and author of several books on Burma, including “Than Shwe: Unmasking Burma’s Tyrant”, to be published in 2010 by Silkworm Books.



Monday, December 7, 2009

Half of the world's refugees now live in cities: UNHCR

Xinhuanet

By Daniel Ooko

NAIROBI, Dec. 7 (Xinhua) -- The UN refugee agency UNHCR said on Monday as many as 50 percent of the world's 10.5 million refugees under the agency's mandate are now living in cities and towns across the globe.

In a statement, the UN agency said at least twice that number of internally displaced people and returnees are believed to be in urban settings.
"We need to abandon the outmoded image that most refugees live in sprawling camps of UNHCR tents," UNHCR High Commissioner for Refugees Antonio Guterres said. "What we are witnessing is that more and more refugees live in cities." Guterres was speaking ahead of the annual
"High Commissioner's Dialogue," which this year will focus in Geneva from Dec. 9 to 10 on protection challenges in the context of urbanization.
Like 3.3 billion other people in the world, the UN agency said refugees have been steadily moving to cities, mostly in developing countries, a trend that has accelerated since the 1950s.
According to UNHCR, the number of city-dwellers has grown fourfold over the last 60 years, from 730 million in 1950 to over 3.3 billion today. Eighty percent of urban-dwellers will soon live in towns and cities of the developing world.
"The rights of refugees travel with them wherever they flee," Guterres said, "and they are entitled to the same protection and services in cities and towns that they have traditionally received in camps."
According to recent estimates, the Afghan capital of Kabul has grown sevenfold since 2001, and many of the new arrivals are former refugees who have returned from the Islamic Republic of Iran or Pakistan, or displaced people who are escaping violence in rural areas of the country.
Bogota in Colombia and Abidjan in Cote d'Ivoire have both absorbed hundreds of thousands of victims of armed conflict who swell ill-serviced slum areas.
In the Middle East, both Damascus in Syria and Amman in Jordan are providing a sanctuary for hundreds of thousands of Iraqis who have been forced to flee their country.
UNHCR experience on the ground paints a graphic picture of refugees struggling to survive in urban environments.
Forced to live in overcrowded slums and shanty towns, with little or no access to health and social services, most are obliged to eke out a living in the informal sector of the economy, where they are subject to exploitation.
Many individuals stay under the radar, preferring to remain "invisible" for fear of deportation. This makes registration and identification difficult.
Guterres said the arrival of large numbers of forcibly displaced people to cities places additional strains on scarce public resources such as health and education, and may lead to increases in the prices of basic needs such as food and accommodation.
"Refugees in cities will typically live alongside nationals and migrants who have migrated to urban areas in pursuit of higher living standards. These different groups all contend with difficult day-to-day circumstances in communities that will lack even the most basic welfare support," the agency said.
UNHCR said more pressure on infrastructure and environment, on housing and social services in communities already struggling can create tensions between local and refugee populations - and in worst cases, can fuel xenophobia with catastrophic results.
Within this volatile and shifting context, UNHCR is faced with the most basic of challenges -- how to identify and reach out to refugees.
"While the issue is global, conditions vary greatly from region to region and so much depends on a local response. That's why, as well as working at government level, we are highlighting the role of mayors and municipal authorities as pivotal," said Guterres.
"We look to them in particular to help build understanding and cooperation between refugees and the local population on the ground. They can make a big difference."
UNHCR's new "Policy on Refugee Protection and Solutions in Urban Areas" calls on states, municipal authorities and mayors, humanitarian agencies and civil society to recognize this new reality and to join forces to meet the challenge raised by a growing refugee population living in towns and cities worldwide


Protecting the rights of migrant workers and their families: Malaysia’s obligation

Source:  Aliran News

The Asean Committee for Migrant Workers (ACMW) Drafting Committee meets in Kuala Lumpur on 7 and 8 December 2009, hosted by the Ministry of Human Resources. The ACMW Drafting Committee comprising Malaysia, Thailand, Indonesia and Philippines, is in the process of drafting a Framework Instrument on the protection and promotion of migrant workers rights for Asean, in line with the principle affirmed by the ten Asean states, under the Bangkok Declaration on Irregular Migration 1999 and the Asean Declaration on the Protection and Promotion of the Rights of Migrant Workers.

Under the Bangkok Declaration, “regular migration and irregular migration should not be considered in isolation from each other”, and “migration, particularly irregular migration, should be addressed in a comprehensive and balanced manner, considering its causes, manifestations and effects, both positive and negative, in the countries of origin, transit and destination.”
Further, signatory countries committed themselves under The Bangkok Declaration to formulate “comprehensive, coherent and effective policies on irregular migration … within the context of a broader regional framework based on a spirit of partnership and common understanding.”
In accordance with its commitment under the said declaration the Malaysian Government should extend protection of migrant workers’ rights to all migrant workers (documented and undocumented) regardless of their legal status in the future Framework Instrument for Protection and Promotion of Migrant Workers’ Rights.
The Government should also give protective coverage to the rights of migrant workers' families under the same future Framework Instrument.
The exclusion of both the above provisions from the Framework Instrument goes against Malaysia’s commitments under the UN Convention on Elimination of All Forms of Discrimination Against Women (Cedaw) and the Convention on the Rights of the Child (CRC) that all member nations of Asean have ratified and acceded to.
The CRC General Comment 6, issued by the Committee of the Rights of Child, states that all children present on the territory of a Government shall be extended the full protections under the CRC, regardless of status or origins of the child. The provisions of the Asean Instrument being developed must fully cover migrant children along with the other members of their family.
We support the vision of the Asean Declaration because the protection of women migrant workers and the children of migrant workers is an important central element of a comprehensive and efficacious regional Instrument.
Thus we urge the government to join the three other member states in the ACWM Drafting Committee i.e. Thailand, Indonesia and Philippines in supporting the inclusion of these clauses. Two of these, Indonesia and the Philippines, contribute a large portion of migrant labour to Malaysia, Thailand, Singapore and Brunei. The governments of origin countries like Indonesia and the Philippines would want to protect the rights of their nationals working abroad as is their duty to their own citizens and is exemplary government conduct.
Aliran seeks to remind the Malaysian Government that it is not in the national interest and that of the ‘rakyat’ at home or abroad to complicate or stall the process of establishing accepted and agreed international practices that meet internationally recognised and approved ILO standards.
We also remind the Government that all Asean partners supported the ILO Declaration on Fundamental Principles and Rights at Work adopted unanimously by the ILO in June 1998. The ILO Declaration stipulates that the human rights of all migrant workers, regardless of their status, should be promoted and protected in line with the eight core ILO Conventions. Accordingly, we submit that the Asean Instrument being drafted must be in harmony with these Conventions.
We urge the Ministry of Human Resources and the Drafting Team to adopt the definition of “migrant worker” contained in Article 2 of the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This Convention defines a migrant worker as “a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.” This definition is comprehensive, clear and concise and merits adoption.
The coverage of migrant workers by the Asean Instrument should not be determined by the type of work performed by the migrant worker or the nature of the contract through which she or he is employed. A significant number of migrant workers in the region are temporary workers, domestic workers, informal sector workers and self-employed workers. It is important to ensure that these categories of workers, who are often overlooked, are included in the coverage of a regional Instrument.
We further note the Asean Declaration on the Protection and Promotion of the Rights of Migrant Workers makes the following reference on the importance of international frameworks -- “Recalling also the Universal Declaration on (sic) Human Rights …… as well as other appropriate international instruments which all Asean Member Countries have acceded to in order to safeguard the human rights and fundamental freedoms of individuals."
Aliran strongly urges the Government to support the inclusion in the Asean Framework Instrument of the principle of “national treatment” as exemplified in Article 25 of the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
In keeping with the Prime Minister’s advocacy of 1Malaysia, we hope that Malaysia will reciprocate the goodwill, cooperation and unity of its Asean neighbours in supporting the protection and promotion of migrant workers' rights and their human rights. Doing this, will only increase international esteem and respect for our country and our nationals who are working abroad to whom the same rights will apply under the principle of reciprocity.
Moreover, Aliran recommends as a reference document for the Asean Framework Instrument on the Protection and Promotion of Migrant Workers Rights, the draft Framework Instrument proposed by the Asean Civil Society Task Force that was presented to Asean member governments at the Asean Senior Labour Officials Meeting (SLOM) earlier this year in Vientiane, Laos.
The said document had been drafted in consultation with civil societies involved in work with migrant workers and advocates of migrant workers' rights in the region. It thoroughly covers in considerable detail issues and problems faced by migrant workers in their countries of origin, in transit and in destination countries within Asean.
In conclusion, we urge the Government to cooperate in the establishment of a just Asean body that prospers economically and socially through the protection and promotion of the human rights of its Asean family in the spirit of mutual respect and goodwill amongst Asean partners and their peoples.


Aliran Executive Committee

6 December 2009






Thursday, December 3, 2009

11,000 Myanmars In Malaysia Given Refugee Status By UNHCR

BERNAMA news


By D. Arul Rajoo


BANGKOK, Dec 3 (Bernama) -- About 11,000 Myanmar refugees in Malaysia were recognised by the United Nations High Commissioner for Refugees (UNHCR) in 2009, making them eligible for resettlement in third countries, according to The Irrawaddy online portal.

Of the total, the Chin ethnic group numbered about 5,000 people, Mon 1,800, followed by Kachin and Shan at about 1,000, and other ethnic groups, while the Arakan were not recognised this year.

Irrawaddy said it was the first time that the UNHCR had recognised such a large number of Myanmar refugees who had experienced difficulties earlier this year when Thailand launched a crackdown on illegal migrants from the country attempting to enter from the Malaysia-Thailand border.

Quoting the Alliance of Chin Refugees (ACR), it said there were about 50,000 Chin currently living in Malaysia, and an estimated 20,000 had been granted UNHCR refugee status in Malaysia since 2001.
Nai Roi Mon, an official with the Mon Refugee Office (MRO) in Malaysia, told The Irrawaddy that it processed about 3,000 Mon for UNHCR refugee status.
According to the MRO, no Mon was granted refugee status in 2007, and only 500 were recognised in 2008. It estimated that there are 20,000 Mon living in Malaysia, many illegally.
"They have given favourable recognition to children under age 18, especially from families with many children but no husband. They also favour older men, over 50, as well.
"If you have a UNHCR card, if you are arrested, the UNHCR can help you during detention. This is an advantage for people who work here," Nai Roi Mon said.
Refugees from Myanmar recognised by the UNHCR may wait up to one year or longer for resettlement to third countries.
The Kuala Lumpur-based Burma Workers' Rights Protection Committee told The Irrawaddy that there were about 500,000 Myanmar migrants working in Malaysia, legally and illegally.
The portal said that at the end of October 2009, about 67,800 refugees and asylum seekers were registered with the UNHCR in Malaysia, of whom 62,000 were Myanmars.
"Many pay 18,000 Thai baht (US$500) or more to enter the country (Malaysia) illegally," it said.




Wednesday, December 2, 2009

Malaysia probes human trafficking ring


ONE government officer has been taken to court for trafficking in Myanmar refugees, Home Minister Datuk Seri Hishammuddin Hussein said yesterday.


He said the ministry is investigating the issue which has been cited as one of the main reasons for Malaysia being blacklisted by the US State Department in its Trafficking in Persons Report this year.

Malaysia and 16 other countries were placed on Tier 3 of the report which analysed efforts taken to combat human trafficking in 173 countries.
In a written reply to Lim Lip Eng (DAP-Segambut), Hishammuddin said the government officer was among the 39 human trafficking cases prosecuted so far.

He said since the Anti-Human Trafficking Act was enforced in February last year, 88 people have been arrested and five were charged and convicted.

Other efforts to tackle the problem include a five-year National Anti-Human Trafficking Strategic Action Plan; setting up more shelters for victims, especially in Sabah and Sarawak, including one shelter for male victims; working with Australia, United States and the Netherlands to carry out awareness programmes for enforcement officers and improving the cooperation network in neighbouring and sender countries.

"The Myanmar refugee problem is not something that can be handled by Malaysia alone because this is a regional and international problem.

"This issue has to be dealt with carefully by rectifying the root cause."

He said the Attorney-General's Chambers was reviewing the act to resolve any ambiguity and to study whether human smuggling should be included in the law.

During question time in the house, Deputy Home Minister Datuk Wira Abu Seman Yusop said there were 64,731 people Malaysia-born people holding red identity cards.

He said Sabah had the highest number of red IC holders with 12,000 people, followed by Selangor (11,307), Perak (6,589) and Johor (5,509).

He said this in reply to a question by Tan Tee Beng (PKR-Nibong Tebal) who wanted to know how many Malaysians were still red IC holders.