New Delhi: The International Commission of Jurists (ICJ) on Friday said that Indian authorities’ forced return of 77 Myanmar refugees violates the principle of non-refoulement, and any further plans to forcibly return more Myanmar refugees must be immediately halted.
“The forcible return of Myanmar refugees from Manipur violates the principle of non-refoulement under international law as it exposes them to a real risk of serious harm, such as indiscriminate violence against civilians amidst escalating conflict in Myanmar, and the widespread and systematic human rights violations being committed by the Myanmar military,” said Mandira Sharma, ICJ Senior International Legal Adviser.
Recently the Manipur Chief Minister announced that his government had “completed the first phase of deportation” of 77 Myanmar refugees, and noted that the State Government is continuing to identify “illegal immigrants” and recording their “biometric data”.
Chief Minister Singh has blamed “illegal immigrants” for stoking ongoing violence and unrest between the Meitei community, the Kuki and other tribal hill communities, and promised to “identify and repatriate them”, despite the lack of substantive evidence of their involvement in the ongoing violence in Manipur.
The International Commission of Jurists is a global human rights non-governmental organization. It is a standing group of 60 eminent jurists including senior judges, attorneys and academics who work to develop national and international human rights standards through the law.
Reports indicate that over 6,000 Myanmar refugees have sought safety in Manipur as a result of the deteriorating security situation in Myanmar.
“The Indian authorities must immediately halt all further forcible returns of Myanmar refugees from Manipur and should instead offer protection and support to those seeking safety from serious harm, in line with the non-refoulment principle and India’s other obligations under international human rights law. The incitement of discrimination, hostility or violence against Myanmar refugees in relation to the ongoing violence must also be stopped and prohibited,” Sharma said.
According to the ICJ, forced return of Myanmar refugees will expose them to a real risk of serious harm arising from the escalating conflict between the Myanmar military junta and resistance groups, with reports of indiscriminate attacks against civilians, extrajudicial killings, conflict-related sexual violence, conscription and forced recruitment. This escalation of fighting has included areas in Myanmar along the India-Myanmar border, such as Chin State and Sagaing Region.
“Furthermore, the Myanmar military junta has continued perpetrating widespread and systematic human rights violations, many of which amount to crimes under international law, in a climate of near absolute impunity, with rampant arbitrary arrests, detention, torture, summary executions and enforced disappearances for political reasons,” it said.
As per the International Commission of Jurists, the forced returns of Myanmar refugees breach the principle of non-refoulment, which prohibits the forcible removal of anyone to territories where they may face a real risk of irreparable harm, such as torture or other ill-treatment or other serious human rights violations.
“The non-refoulement principle is the cornerstone of international protection under international law, including under customary international law and is therefore binding on all States. In addition, the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), by which India is bound as a State party, guarantee protection against refoulement,” it said.
The ICJ has also expressed concern about the authorities’ mass collection of biometric information of Myanmar refugees in Manipur, including iris scans and fingerprints.
“The circumstances in which such collection is taking place are coercive and contrary to the principle of prior informed consent, which should be a prerequisite to collection,” it said.
