London, 23 January 2009
Today, The Equal Rights Trust (ERT) wrote to Prime Minister Abhisit Vejjajiva of Thailand expressing deep concern over the fate of 126 Rohingya who had been held incommunicado since 16 January 2009 and subsequently forcefully expelled by being put on a boat and cast adrift in international waters. The victims of these abuses are stateless persons, members of a minority deprived of their Myanmar citizenship through discriminatory legislation in Myanmar, and do not have the protection of any state. Stateless persons are among the most vulnerable victims of discrimination and other human rights violations globally. To comply with its international law obligations, Thailand must immediately mount a rescue mission and bring all the Rohingya to safety, treating them humanely and with respect for their dignity; providing them, as a first step, with medical aid, adequate shelter, sustenance and access to immigration and asylum procedure. Thailand must ensure that UNHCR is given full access to this group as well as to any other stateless person or irregular migrant arriving in Thailand.
The conduct of the Thai authorities responsible for the incommunicado detention and forced expulsion of the 126 Rohingya, in the face of repeated requests by UNHCR to be given access to visit them, is a blatant and grave violation of the Thai Government’s obligations under international law to protect the right to life and other fundamental rights of all people on its territory without any discrimination.
In two previous similar incidents, which reportedly took place in December 2008, around 1,000 Rohingya were forcefully expelled onto high seas in dangerously ill-equipped boats. Over 530 of these people are presumed dead or missing. According to survivor accounts, the Rohingya were placed in incommunicado detention by the Thai military for a few days, before being forced out to sea in boats which had no engines. Their hands were tied and they were towed into international waters where they were abandoned with hardly any food or water. As one group was forced onto the boat, four men were reportedly shot dead and a teenage boy was thrown overboard and drowned.
Furthermore, many of the victims may have been refugees fleeing persecution and acute discrimination in Myanmar, their homeland. The actions of the Thai authorities raise grave concerns regarding violations of the right to equality and non-discrimination, the right to life, the prohibition of torture or cruel, inhuman or degrading treatment or punishment, the right to seek and to enjoy asylum and not be subjected to refoulement and the rights to health, food and shelter under international law.
ERT has also urged the Thai Prime Minister to establish and implement a new immigration policy which does not discriminate against the Rohingya or any other vulnerable group and which ensures that everyone is provided with effective access to lawful immigration procedures conducted by civilian authorities.
The Thai governments publicly pronounced commitment to investigate the December incidents is compromised by the new expulsions. ERT appealed to the Thai authorities to open an investigation which is prompt, impartial, thorough and independent. It should particularly focus on the full extent of the role of the Thai military, the alleged extrajudicial execution of five Rohingya and all conduct and instances which amount to torture or cruel, inhuman or degrading treatment or punishment. The report of this investigation should be made public and anyone found responsible should be brought to justice. All victims and families of the dead and missing must be fairly compensated.
ERT has also urged Thailand to accede to the 1951 Refugee Convention and its Protocol and to establish a transparent system to process asylum applications in cooperation with the UNHCR.
To read the full ERT letter to Prime Minister Abhisit Vejjajiva, click here .
