Proposed return of Burmese asylum-seekers from Thailand to Burma
See also Refoulement, push-backs and rejection at borders
Websites/Multiple Documents
Description:
Non-refoulement is a principle of the international law, i.e. of customary and trucial Law of Nations which forbids the rendering a true victim of persecution to their persecutor; persecutor generally referring to a state-actor (country/government).
Non-refoulement is a key facet of refugee law, that concerns the protection of refugees from being returned to places where their lives or freedoms could be threatened. Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on membership in a social group or class of persons, non-refoulement refers to the generic repatriation of people, generally refugees into war zones and other disaster areas.
Non-refoulement is a jus cogens (peremptory norm) of international law that forbids the expulsion of a refugee into an area, usually their home-country, where the person might be again subjected to persecution.
Source/publisher:
Wikipedia
Date of entry/update:
2012-08-23
Grouping:
Websites/Multiple Documents
Category:
Refugees: international standards, mechanisms and research, Proposed return of Burmese asylum-seekers from Thailand to Burma
Language:
English
more
Individual Documents
Sub-title:
Report says mental health crisis surges in refugee camps after cuts to aid and end of resettlement programmes.
Description:
"Drastic cuts to humanitarian assistance for refugees who fled Myanmar for Thailand have stoked widespread "hopelessness and depression" in camps along the border, deepening a mental health crisis that has seen suicide rates soar, a coalition of civil society groups says.
Major donors including Norway and Sweden have withdrawn funding for the camps in recent years, while the European Union has ended food aid in favour of other projects, leading to cuts in food rations for around 100,000 refugees as aid workers struggle with less than half the money they had in 2012.
Fifteen local groups have urged foreign donors to reinstate funds in a report published on Thursday to mark World Refugee Day. The report, There Is No One Who Does Not Miss Home, is based on interviews with 338 displaced people from various ethnic minority groups living in camps in Myanmar and Thailand.
The report noted cuts to aid have led to concern that refugees are coming under pressure to move out of the 10 camps along the border and back to Myanmar, where negotiations to end decades of conflict between the military and various rebel groups have stalled and violence continues.
The situation has led to "higher rates of depression and suicide" in the camps, the report said..."
Source/publisher:
"Al Jazeera" (Qatar)
Date of publication:
2019-06-20
Date of entry/update:
2019-09-23
Grouping:
Individual Documents
Category:
Karen and other refugees from Burma in Thailand - general reports and articles, Proposed return of Burmese asylum-seekers from Thailand to Burma, Refugee Health Care
Language:
more
Sub-title:
A lack of job opportunities is one of the biggest concerns of refugees who have returned voluntarily from camps in Thailand where many lived for decades.
Description:
"IT’S BEEN a tough four months since U Saw Lawi, 54, and his family returned to Myanmar after spending nine years as refugees in Thailand.
Saw Lawi, a Lisu, had been living in the Umpiem refugee camp south of the Thai border town of Mae Sot since 2009.
In 2009, he was struggling to make a living polishing gems at Mogok, the Mandalay Region town famed for its rubies and sapphires, when his wife became ill. He couldn’t afford the treatment so he contacted his son, who was working in Mae Sot, and asked him to send money. The young man instead advised that they travel to Mae Sot, opposite Myanmar’s Myawaddy, so his mother could be treated for free at the Mae Tao Clinic, which was founded in 1988 by Dr Cynthia Maung, who has won many international awards for her humanitarianism. They arrived in Mae Sot later that year.
After his wife recovered, they went to live at Umpiem, one of nine camps along the border with Thailand that were housing 93,534 mainly Karen refugees on July 31, show figures from the United Nations refugee agency, UNHCR. Umpiem was home to 10,793 refugees.
Life in the camps has become increasingly difficult in recent years because of a decline in donor funding. Almost 10 years after they left Myanmar, Saw Lawi and his family decided to return under a voluntary repatriation programme launched by Myanmar and Thailand in cooperation with UNHCR. They were among 575 people who returned to Myanmar from the camps in Thailand in February; more than 1,000 have returned in four batches since the programme began three years ago, according to Myanmar government figures..."
Source/publisher:
"Frontier Myanmar"
Date of publication:
2019-09-09
Date of entry/update:
2019-09-09
Grouping:
Individual Documents
Category:
Proposed return of Burmese asylum-seekers from Thailand to Burma, Groups working with/for refugees from Burma/Myanmar
Language:
more
Description:
"The Karen Refugee Committee (KRC), a community-based organization that has been facilitating the needs of Burmese refugees in Thailand, has said that they feel they were neglected in decision-making processes and were not invited to cooperate in recent refugee repatriation efforts.
On October 25, the Thai government and the UN refugee agency, UN High Commissioner for Refugees (UNHCR), repatriated a reported 71 Burmese refugees to Karen State, Mon State, and Tenassarim and Rangoon divisions. Some refugees have since reported that they are unhappy with the circumstances of the return—they report having been asked to buy into low-income housing, a cost for which they were not prepared.
Sources close to the refugees have also reported that some of unhappy returnees are trying to come back to the refugee camps in Thailand. Two families have reportedly returned to Nu Po camp on Thai-Burma border, said the sources..."
Saw Yan Naing
Source/publisher:
Karen Refugee Committee (KRC) via "The Irrawaddy"
Date of publication:
2016-11-15
Date of entry/update:
2016-11-16
Grouping:
Individual Documents
Language:
English
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Description:
The celebrated repatriation of dozens of refugees to Myanmar was not without a hiccup this week as 25 of the 96 individuals in Thailand who were expected to return backed out last minute, according to the Ministry of Social Welfare, Relief and Resettlement...Six Myanmar nationals from the Tham Hin refugee camp in Thailand?s Ratchaburi province returned through the Htee Khee border gate in Tanintharyi Region on October 25, and 65 refugees of the Nu Po camp in Tak province returned through the Myawady border gate yesterday..."
Ye Mon
Source/publisher:
"Myanmar Times"
Date of publication:
2016-10-27
Date of entry/update:
2016-11-02
Grouping:
Individual Documents
Language:
English
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Description:
"Myanmar refugees repatriated from Thailand last week say they already have regrets about their return following a disagreement with the government over the cost of their living quarters...Last week the government oversaw the repatriation of 71 refugees from Thai border camps in the first official transfer organised by the two neighbouring countries since the mostly Karenni civilians began fleeing armed conflict in the 1990s.
But the 17 refugees who were sent to Yangon told The Myanmar Times yesterday that their homecoming has not been a happy one so far.
The regional government has arranged housing for the 17, as promised, but has told the four families they will have to purchase units in a low-cost apartment complex on the outskirts of the commercial capital.
Daw Khin San Yi, 59, a former political prisoner and refugee who returned from Nu Po camp in Tak province, told The Myanmar Times that the regional government must re-evaluate the refugees? housing situation.
?We lived with difficulties in Thailand. We are not rich people and we have no money to pay for low-cost housing. I don?t understand why the government arranged that,” she said..."
Ye Mon
Source/publisher:
"Myanmar Times"
Date of publication:
2016-11-02
Date of entry/update:
2016-11-02
Grouping:
Individual Documents
Language:
English
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Description:
"Burma should be given more time to prepare to take back refugees, said Thailand?s Prime Minister Prayut Chan-o-cha, a former commander-in-chief of the Royal Thai Army.
Speaking ahead of Burma?s State Counselor Aung San Suu Kyi?s three-day visit to Thailand, which began on Thursday, Gen Prayut said talks between Thailand and Burma over refugee matters began during the previous administration and the government believes that, when Burma is ready, it will take the refugees back.
?[Burma] is willing to take back the refugees but we have to give them more time to prepare for such considerations as securing land to accommodate those who return. We understand each other,” the Thai prime minister said.
There are currently about 100,000 Burmese refugees in nine camps and shelters in Thailand, he said..."
Wasssana Nanuam
Source/publisher:
"Bangkok Post" via "The Irrawaddy"
Date of publication:
2016-06-24
Date of entry/update:
2016-06-25
Grouping:
Individual Documents
Language:
English
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Description:
"More individual and large-scale returns of Burmese refugees from Thailand are expected during the dry season next year, according to nongovernmental organizations (NGOs) that provide assistance to more than 120,000 refugees on the Thai-Burma border.
In its report released Tuesday, the UN?s refugee agency, UN High Commissioner for Refugees (UNHCR), said a growing number of refugees in Thailand?s camps were seeking support to return and rebuild their lives back home because they were encouraged by the prospects of the peace process, social and democratic reforms and the new civilian government.
The report said that several hundred Burmese refugees from nine camps along on the Thai-Burma border have approached the UNHCR in recent months seeking support to return home. In response, the UNHCR dispatched a team to conduct voluntary repatriation interviews in Nupo Camp in Thailand?s Tak province..."
Saw Yan Naing
Source/publisher:
"The Irrawaddy"
Date of publication:
2016-06-01
Date of entry/update:
2016-06-01
Grouping:
Individual Documents
Language:
English
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Description:
"The repatriation of some 120,000 refugees along the Thai-Burma border was discussed during a meeting of stakeholders last week, but an official from the United Nations? refugee agency insists there remains no firm timetable on a large-scale return of the displaced despite talks on the matter between Burma?s new government and its Thai counterpart.
?The main focus of the meeting was on refugee registration and resettlement [to third-party countries], which is winding down after 11 years. The subject of voluntary return was not on the agenda but was prompted by a question,” said Vivian Tan, a spokeswoman for the UN High Commissioner for Refugees (UNHCR) in Bangkok.
Karen Refugee Committee (KRC) spokesperson Naw Blooming Night Zar confirmed that the April 27 meeting, which included officials from both governments, NGOs and representatives of the UNHCR and from refugee camps, did not focus on repatriation of those living in nine camps on the border..."
Saw Yan Naing
Source/publisher:
"The Irrawaddy"
Date of publication:
2016-02-15
Date of entry/update:
2016-05-05
Grouping:
Individual Documents
Language:
English
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Description:
"Refugees responded to a senior Tak Province official speaking about the repatriation of the more than 100,000 refugees from Burma living in camps along the Thai-Burmese border by claiming that withdrawal of support by international donors is their immediate concern..."
S'Phan Shaung
Source/publisher:
"Karen News"
Date of publication:
2016-05-02
Date of entry/update:
2016-05-02
Grouping:
Individual Documents
Language:
English
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Description:
"Burma?s long-established ethnic Karen armed organization, the Karen National Union (KNU), has been preparing land and shelter for the possible return of civilians displaced internally and on the Thai-Burma border after more than six decades of civil war with government forces.
The plan is underway in areas controlled by the KNU in southern and eastern Karen State, such as Kyainseikgyi Township and Hpa-an District, according to sources from the group..."
Saw Yan Naing
Source/publisher:
"The Irrawaddy"
Date of publication:
2016-04-07
Date of entry/update:
2016-04-16
Grouping:
Individual Documents
Language:
English
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Description:
"In an interview with Burma Link, the refugee who led the petition signed by over 3,600 refugees in Mae La camp explains how he feels about the profiling survey and why he organised a campaign to have the survey modified and re-authored with refugees? participation and approval. He also details the hurdles they faced when campaigning against camp authorities? will, and shares his thoughts about life being confined to a refugee camp in Thailand. The survey is set to begin today, June 17th, in Mae La camp."
Source/publisher:
Burma Link
Date of publication:
2015-06-17
Date of entry/update:
2016-03-22
Grouping:
Individual Documents
Category:
Karen and other refugees from Burma in Thailand - general reports and articles, Refoulement, push-backs and rejection at borders, Proposed return of Burmese asylum-seekers from Thailand to Burma
Language:
English
more
Description:
"...While UNHCR?s position remains that it is still too early for organized voluntary repatriation to be initiated, the situation will likely continue to evolve in the year ahead. Both the RTG [Royal Thai Government] and the GOUM [Government of the Union of Myanmar] have recently reiterated their commitment to supporting the eventual voluntary repatriation of refugees, in line with international standards and humanitarian principles. In view of the evolving situation and the need to support refugees, communities and relevant authorities, this roadmap document outlines UNHCR?s key strategic directions for voluntary repatriation from Thailand during the period 2015-2017. It also offers a framework to interface between refugee repatriation and a response to the needs of returning IDPs in the same areas of South-East Myanmar. The document will serve as a basis for further engagement with various stakeholders, including refugees, communities, the GOUM, the RTG, NSAs [Non-State Actors], UN agencies, NGO, community-based organization (CBO) and civil society organization (CSO) partners..."
Source/publisher:
United Nations High Commissioner for Refugees (UNHCR)
Date of publication:
2015-03-00
Date of entry/update:
2015-11-11
Grouping:
Individual Documents
Language:
Burmese (မြန်မာဘာသာ)
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pdf
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255.95 KB
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Description:
"...While UNHCR?s position remains that it is still too early for organized voluntary repatriation to be initiated, the situation will likely continue to evolve in the year ahead. Both the RTG [Royal Thai Government] and the GOUM [Government of the Union of Myanmar] have recently reiterated their commitment to supporting the eventual voluntary repatriation of refugees, in line with international standards and humanitarian principles. In view of the evolving situation and the need to support refugees, communities and relevant authorities, this roadmap document outlines UNHCR?s key strategic directions for voluntary repatriation from Thailand during the period 2015-2017. It also offers a framework to interface between refugee repatriation and a response to the needs of returning IDPs in the same areas of South-East Myanmar. The document will serve as a basis for further engagement with various stakeholders, including refugees, communities, the GOUM, the RTG, NSAs [Non-State Actors], UN agencies, NGO, community-based organization (CBO) and civil society organization (CSO) partners..."
Source/publisher:
United Nations High Commissioner for Regugees (UNHCR)
Date of publication:
2015-03-00
Date of entry/update:
2015-11-11
Grouping:
Individual Documents
Language:
English
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pdf
Size:
90.12 KB
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Description:
Shan community groups are gravely concerned about imminent repatriation of over 500 refugees from a camp on the northern Thai border into an area of active conflict.
Source/publisher:
Shan groups via Shan Human Rights Foundation (SHRF)
Date of publication:
2012-08-27
Date of entry/update:
2015-10-26
Grouping:
Individual Documents
Language:
Burmese, English, Shan, Thai
more
Description:
"The principle of non-refoulement prescribes, broadly, that no refugee should be returned to any country where he or she is likely to face persecution or torture. In this chapter, the scope of the principle is examined against the background of a number of recurring issues: the question of ?risk?; the personal scope of the principle, including its application to certain categories of asylum seekers such as stowaways or those arriving directly by boat; exceptions to the principle; extraterritorial application; extradition; and the ?contingent? application of the principle in situations of mass influx. The possible application of non-refoulement or an analogous principle of refuge to those outside the 1951 Convention/1967 Protocol is also considered, as is the relationship between non-refoulement and asylum. The analysis takes account of the increasing number of references to non- refoulement..." Extracted (with the author?s permission) from
"The Refugee in International Law" by Guy S. Goodwin-Gill
Guy S. Goodwin-Gill
Source/publisher:
OUP
Date of publication:
1996-00-00
Date of entry/update:
2015-05-23
Grouping:
Individual Documents
Category:
Refoulement, push-backs and rejection at borders, Proposed return of Burmese asylum-seekers from Thailand to Burma, Burmese refugees in Bangladesh, Discrimination against the Rohingya, Refugees: international standards, mechanisms and research
Language:
English
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pdf
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327.46 KB
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Description:
Conclusion: "Like the prohibition of torture, temporary refuge has a special value, a moral
quality which distinguishes it from other rul~s of international law, such as
those governing the delimitation of maritime boundaries. Less importance can
therefore be ascribed to instances of contrary practice, because to recognise
exceptions, to allow or approve return to the real risk of danger to life and liberty,
would shock the conscience of mankind or, to use the words of the International
Court of Justice, be contrary to ?elementary considerations ofhumanity?.104
To start, as it were, with the value, with the statement of principle before the
practice, might be thought utopian, divorced from reality, even ?wishful legal
thinking?.105 Nevertheless, having once accurately identified the obligations in issue admission and non-return - we can see how strong is the evidence of
both practice and opinio juris. The practice has been occasionally undervalued
and misrepresented, with the principle of admission and non-return of those
displaced by conflict being theorised from within the box, which is the more or
less closed system called ?Convention refugee law?. It has been too readily associated
with, and then limited by; the established principle of non-refoulement,
and it has suffered from the link; it has been wrongly presented as a norm
about immigration, and dismissed for the lack of any corresponding individual
or civil right. Individual rights are certainly of critical importance as a basis for
challenging governmental action, but they do not always or automatically follow
on from the existence of the rules or principles of international law; they
commonly need to be mediated into domestic legal systems, either directly
through express incorporation, or indirectly, through judicial processes of
interpretation and application.
For Perluss and Hartman in ig86, the obligation not to return those displaced
by armed conflict was conceptually distinct from refugee law and from international
humanitarian law. The object and purpose of temporary refuge, in their
scheme of analysis, was general protection against the risk of relevant harm,
irrespective of the style or type of armed conflict; and, in their view, it ought not
to be subsumed within the principle of non-refoulement, even if, from time to
time it might cover the same ground and benefit some of the same individuals.
Today, the core obligations of the principle of temporary refuge are firmly
rooted in customary international law, they operate across a broader spectrum
than non-refoulement, and are closely integrated into the international refugee
regime. For understandable reasons, its impact on issues of admission and nonreturn
means that it continues to be associated with the principle of nonrefoulement.
This can be advantageous, so far as non-refoulement acts as a
powerful brake on the State, but it can also be a drawback. A good case can be
made for de-linking the concepts of refuge and non-refoulement, and in developing
refuge itself as the overarching principle of protection, sufficient to
accommodate all those instances where States are obliged to act or refrain from
action in order that individuals or groups are not exposed to the risk of certain
harms. This is not a recipe for proactive intervention, or a variation on the
responsibility to protect, and neither are the duties subsumed within the principle
of refuge necessarily always absolute or unqualified; in each case, it has to
be determined exactly what the particular obligation requires. Of course, temporary refuge, as described above, is not a complete answer
to the problems of forced displacement, any more than the Refugee Convention
is a complete answer to the protection needs of those in fear of persecution.
But it is a critical normative first step in the effective international protection
of those displaced by armed conflict, massive violations of human rights, or
indiscriminate violence; and it is firmly and soundly based in customary
international law, in the practice of States, and in their understanding of
obligation."
Guy S. Goodwin-Gill
Source/publisher:
"Refuge from Inhumanity? War Refugees and International Humanitarian Law" Edited by David James Cantor and Jean-Francois Durieux
Date of publication:
2014-00-00
Date of entry/update:
2015-05-18
Grouping:
Individual Documents
Category:
Refoulement, push-backs and rejection at borders, Proposed return of Burmese asylum-seekers from Thailand to Burma
Language:
English
Format :
pdf
Size:
680.81 KB
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Description:
"...There is a rising concern within the refugee community that the situation on the ground indicates a direction towards premature repatriation.
This is despite ongoing calls from civil society groups, community based organizations and international human rights organizations that timing is still not right for refugee return and that preparations should include a
wide range of consultations with and participation of diverse refugee communities and Community Based Organizations (CBOs) working closely with their
community..."
Source/publisher:
Burma Partnership
Date of publication:
2015-04-15
Date of entry/update:
2015-05-10
Grouping:
Individual Documents
Language:
English
Format :
pdf
Size:
489.3 KB
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Description:
May 2014 - (A revision of the October 2012 UNHCR Thailand discussion document)....."A ?Framework for Voluntary Repatriation? (VolRep) and - at an appropriate time - a ?Voluntary Repatriation Operations Plan? are necessary steps by UNHCR in partnership with concerned stakeholders including the governments of Thailand and Myanmar. This Framework advocates for the adherence to international standards and core protection principles as it concerns the return of refugees, whereas the Operations Plan will support the various operational aspects and inherent procedures of an organized repatriation at a time when UNHCR is able to ?promote” refugee returns. That may only come about as a result of a positive assessment of the situation in southeast Myanmar that would be viewed as overall conducive to the refugees? voluntary return and their sustainable reintegration back home.
As a foremost priority, UNHCR will be looking to ensure that all necessary safeguards are in place for people to return voluntarily, in safety and with dignity. It will be important that any voluntary return is organized accordingly so as to ensure the full protection of refugees, asylum-seekers, and others of concern to UNHCR.
This Framework for Voluntary Repatriation therefore sets out the protection principles and standards that must be upheld and it highlights the main protection and assistance aspects of an organized repatriation operation for refugees living in the nine Temporary Shelters (refugee camps) in Thailand..."
Source/publisher:
United Nations High Commissioner for Refugees (UNHCR)
Date of publication:
2014-05-00
Date of entry/update:
2015-03-12
Grouping:
Individual Documents
Language:
English
Format :
pdf
Size:
396.58 KB
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Description:
"...This
Discussion
Paper
seeks
to
articulate
a
broad
framework
which
should
guide
UNHCR?s
engagement
in
the
South-‐East
in
2013-‐2015,
and
in
particular,
to
define
the
parameters
of
UNHCR?s
role
in
supporting:
i. durable
solutions
for
IDPs;
and
ii. the
sustainable
reintegration
of
returning
refugees.
It
builds
upon
a
separate
discussion
paper
dated
1
October
2012,
which
sets
out
a
framework
for
voluntary
repatriation
for
Myanmar
refugees
from
Thailand.
The
papers
should
form
the
basis
of
a
more
detailed
operational
strategy
for
2013-‐2015,
and
should
also
serve
as
the
first
step
towards
a
consultative
multi-‐stakeholder
process,
engaging
Government,
civil
society,
UN
and
NGO
partners,
donors
and
refugees
and
IDPs
themselves,
to
elaborate
a
shared
vision
and
strategy
for
support
to
durable
solutions
in
the
South-‐East.
The
document
outlines
UNHCR?s
general
principles
and
standards
as
well
as
context-‐specific
objectives
and
activities..."
Source/publisher:
United Nations High Commissioner for Refugees (UNHCR)
Date of publication:
2013-06-00
Date of entry/update:
2015-03-12
Grouping:
Individual Documents
Language:
English
Format :
pdf
Size:
171.56 KB
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Description:
Key Findings and Conclusions:
* Refugees deem the achievement of a
deep peace, including guarantees for human
security, and freedom from exploitation by armed
actors as the primary requisite to repatriation.
*
The ability for refugees to pursue durable
solutions to displacement them
selves, voluntarily
and in safety and dignity, is severely restricted
by lack of knowledge regarding their
circumstances
-
and refugee status
-
and the
reasons their future situation may not be
sustainable
if
the initial reasons for their seeking
refuge an
d international protection
cease to
exist.
*
Refugee leaders and CBOs are well
placed to inform refugees of their evolving
situation and options in a locally appropriate
manner.
*
Refugee leaders and CBOs have an
influential role in the refugee society, and
are
depended on by many of the refugees. This
represents a core capacity for community
-
based
protection that international actors should
support.
*
Decision making will be a highly
protracted process for all refugees as migration
choices have been in these
communities for
decades if not centuries.
*
An internationally verified peace
settlement and/or a tripartite agreement on
repatriation would
heavily influence
the
independent
decisions of many refugees.
*
Communities
are already communicating
with
or visiting
their communities of origin
and
would benefit from
support
for such activities, as
they get closer
to considering repatriation.
*
Respected community
-
level
administration structures
from
the refugee camps
could be enhanced in the context of repatriation
reintegration for protection aims, including
negotiations with armed actors and government...In
2011
and
2012
the
Government
of
the
Union
of
Myanmar
(GoUM)
signed
ceasefires
with
the
Democratic
Karen
Buddhist
Army
(DKBA)
and
the
Karen
National
Union
(KNU).
While
the
security
environment
remains
extremely
fragile,
this
has
opened
opportunities
for
a
minority
of
the
more
then
100,000
Karen
refugees
in
Thailand
to
make
tentative
efforts
to
return
home.
Perhaps
more
influentially,
refugees
now
face
new
pressures
and
opportunities
to
due
to
policies
and
actions
of
influential
political
actors,
such
as
international
aid
donors,
the
KNU,
the
GoUM,
and
the
Royal
Thai
Government
(RTG).
The
ceasefires
remain
fragile
and
there
are
many
hurdles
to
overcome
before
a
secure,
lasting
settlement
can
be
achieved.
The
region
is
heavily
militarised,
severely
lacks
rule
of
law
or
other
national
protection
mechanisms.
With
over
100
Tatmadaw
(Myanmar
Armed
Forces)
army
battalions
positioned
in
and
close
to
civilian
settlements
throughout
the
region,
and
multiple
other
armed
actors
competing
for
influence
and
resources,
communities
remain
subject
to
extensive
arbitrary
taxes,
forced
labour
and
other
extractive
demands.
Further,
there
remain
significant
restrictions
on
humanitarian
access
for UN agencies and other actors
?
to many parts
of Myanmar, including some of the refugees?
places of origin. UNHCR is not
promoting
or
encouraging
repatriation at this time, and has
maintained its
assessment
since 2012 that much
?yet needs to be done in Myanmar
-‐
particularly in
the places of origin
-‐
before the promotion and
facilitation of voluntary repatriation could commence. However,
these
preliminary
agreements
have
brought
significant
reductions
to
incidences
of
armed
conflict,
and
a
complete
halt
to
the
previously
widespread
destruction
of
civilian
settlements
by
the
Tatmadaw.
Despite
many
remaining
hurdles,
if
broader
political
and
economic
reforms
under
the
2011-‐inaugurated
government
continue,
there
is
potential
for
the
region
to
achieve
lasting
peace.
This
presents
limited
potential
for
a
durable
solution
for
the
Karen
refugees
residing
in
temporary
settlements
in
Thailand
to
emerge. 3
Slowly
but
surely,
an
increasing
portion
of
refugees
that
still
have
land
or
communities
to
return
to
are
making
tentative
moves
towards
repatriation.
However,
while
UNHCR
has
monitored
the
return
of
refugees
-‐
and
the
agency
has
been
told
by
the
refugee
camp
committees
that
up
to
10,000
may
have
returned
during
the
past
three
years
-‐
it
is
unlikely
that
many
constitute
entire
families
making
permanent
moves
home,
as
will
be
discussed
in
later
sections..."
Kim Jolliffe, Thoowa W achisukhonwana (research assistant)
Date of publication:
2015-01-00
Date of entry/update:
2015-03-11
Grouping:
Individual Documents
Language:
English
Format :
pdf
Size:
511.66 KB
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Description:
"Over six decades of ethnic conflict in Myanmar have generated displacement crises just as long. At the time of writing there are an estimated 640,747 internally displaced persons (IDPs) in Myanmar, and 415,373 refugees originating from the country.However, these figures are not fully indicative of levels of forced migration, as obtaining reliable data for IDPs remains difficult, while millions of regular and irregular migrants have also left the country, often fleeing similar conditions to those faced by documented refugees and IDPs.
Since a new government came into power in 2011, it has managed to secure fresh ceasefire agreements with the majority of the country?s ethnonationalist armed groups (EAGs), potentially inching one step closer to a lasting solution for the country?s hundreds of thousands of refugees and IDPs. As the possibility for voluntary return and resettlement of displaced people opens up, there is a lot to learn from a look back at past ceasefire periods in Myanmar where movements of such populations have taken place. Focusing on the cases of the Kachin Independence Organisation (KIO) ceasefire in 1994, and the New Mon State Party (NMSP) ceasefire in 1995, which had very different impacts on the displaced populations affected, this paper aims to provide lessons for the current transition..." Jolliffe)....."This commentary reflects on some key findings emerging from Kim Jolliffe?s paper on lessons learned from previous ceasefire agreements in Myanmar, and examines how issues relating to refugees and internally displaced persons (IDPs) have been addressed in the current ceasefires and emerging peace process in Myanmar. The main focus of both papers are the Kachin situation (past and present), a case study of historic forced migration and attempted solutions in Mon areas, and the current situation in Karen areas. Comprehensive treatment of these issues would have to take into account (inter alia) the contexts in western Myanmar, and Shan and Karenni/Kayah areas..." (South)
Kim Jolliffe (paper); Ashley South (Commentary)
Source/publisher:
United Nations - Office of the High Commissioner for Refugees (UNHCR)
Date of publication:
2014-03-00
Date of entry/update:
2014-10-13
Grouping:
Individual Documents
Category:
Proposed return of Burmese asylum-seekers from Thailand to Burma, Burma: Internal displacement/forced migration of several ethnic groups., Peace processes, ceasefires and ceasefire talks (websites, documents, reports and studies)
Language:
English
Format :
pdf
Size:
914.71 KB
Local URL:
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Description:
Bridging the HLP Gap -
The Need to Effectively Address Housing, Land and Property Rights
During Peace Negotiations and in the Context of Refugee/IDP Return:
Preliminary Recommendations to the Government of Myanmar,
Ethnic Actors and the International Community.....Executive Summary:
"Of the many challenging issues that will require resolution within the peace processes currently underway
between the government of Myanmar and various ethnic groups in the country, few will be as complex, sensitive
and yet vital than the issues comprising housing, land and property (HLP) rights. Viewed in terms of the rights of
the sizable internally displaced person (IDP) and refugee populations who will be affected by the eventual peace
agreements, and within the broader political reform process, HLP rights will need to form a key part of all of the
ongoing moves to secure a sustainable peace, and be a key ingredient within all activities dedicated to ending
displacement in Myanmar today.
The Government Myanmar (including the military) and its various ethnic negotiating partners – just as with all
countries that have undergone deep political transition in recent decades, including those emerging from lengthy
conflicts – need to fully appreciate and comprehend the nature and scale of the HLP issues that have emerged
in past decades, how these have affected and continue to affect the rights and perspectives of justice of those
concerned, and the measures that will be required to remedy HLP concerns in a fair and equitable manner that
strengthens the foundations for permanent peace. Resolving forced displacement and the arbitrary acquisition
and occupation of land, addressing the HLP and other human rights of returning refugees and IDPs in areas of
return, ensuring livelihood and other economic opportunities and a range of other measures will be required if
return is be sustainable and imbued with a sense of justice.
There is an acute awareness among all of those involved in the ongoing peace processes of the centrality of
HLP issues within the context of sustainable peace, however, all too little progress has thus far been made to
address these issues in any detail, nor have practical plans commenced to resolve ongoing displacement of either
refugees or IDPs. Indeed, the negotiating positions of both sides on key HLP issues differ sharply and will need
to be bridged; many difficult decisions remain to be made..."
Scott Leckie
Source/publisher:
Displacement Solutions
Date of publication:
2013-06-02
Date of entry/update:
2013-06-17
Grouping:
Individual Documents
Category:
Law and policy on land in Burma/Myanmar, Proposed return of Burmese asylum-seekers from Thailand to Burma, Dialogue/reform/transition in Burma/Myanmar - analyses and statements, Laws, decrees, bills and regulations relating to land, property and planning (commentary)
Language:
English
Format :
pdf
Size:
1.6 MB
Local URL:
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Description:
The KRC?s statement said that 10 key points had to be met in order for a repatriation process to be put in place that did not undermine the lives of refugees:
(1) Nationwide ceasefire should be observed,
(2) There should be sustainable peace and political conflicts should be settled,
(3) Provision of universal human rights must be respected,
(4) Relocated areas should be freed from land mines and security should be given a priority,
(5) The relocated areas should be suitable for one to support their livelihood; favourable land should be provided adequately for one family,
(6) Health certificates, education certificates received should be recognised by the government,
(7) We will not tolerate force repatriation; it should be one?s own decision or voluntary return,
(8) Adequate preparation should be given to return,
(9) Right should be given to the Committee concerned regarding repatriation and allow them to inspect location and collect necessary information,
(10) The repatriation can only take place when the concerned organisations, KRC, INGOs, NGOs, UNHCR, and CBOs agree that there is a genuine peace in Burma
Source/publisher:
KRC via KIC via BNI
Date of publication:
2013-03-26
Date of entry/update:
2013-03-27
Grouping:
Individual Documents
Language:
English
more
Description:
The Repatriation Issue By Saw David...
Looking Forward To ?Living In My Village Without Any Fear” By Saw David...
?Not Ready To Return” By Eh Klo Dah...
?If They Have No Plan For This, Many Will Die Of Starvation” By Saw David...
?I Dare Not To Go Back Home As Long As The Burmese Army Still Fortifies” By Eh Klo Dah...
?Perhaps I will Run Away” By Saw David
?Just Words, No Action Makes Us Distrustful” By Eh Klo Dah...By Saw David...News in Brief...
Karen Women Organisation?s Opinion
Source/publisher:
"Burma Issues"/Peace Way Foundation
Date of publication:
2012-08-00
Date of entry/update:
2013-01-05
Grouping:
Individual Documents
Category:
Proposed return of Burmese asylum-seekers from Thailand to Burma, "Burma Issues" Newsletter: archive from 1991 to 2012
Language:
English
Format :
pdf
Size:
612.31 KB
Local URL:
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Description:
"After the Karenni Refugee Committee (KnRC) organized three workshops on September 20-21st, November 9th and October 8-10th, attended by representatives of KnRC, Karenni community based organizations and religious leaders, the groups agreed on a common position paper on refugees? repatriation as follow.
Although the situation in Burma has improved and democratic reforms have taken place in the last year and a half, the changes seem to be reversible. There is no political stability due to ongoing conflict in some ethnic areas, no rule of law, no security for refugee returnees, and more importantly, a genuine peace hasn?t been established in the country. Thus, it is obvious that this is not the time for the refugees to return yet.
The repatriation of refugees and Internally Displaced Persons (IDPs) must be in line with international principle; the return must be voluntary in ?conditions of safety and dignity.? Before the refugees return to Burma, the following pre-conditions must be in place:..."
Source/publisher:
Karenni Refugee Committee and Karenni Community Based Organizations
Date of publication:
2012-12-12
Date of entry/update:
2012-12-17
Grouping:
Individual Documents
Language:
English
more
Description:
"Since the initiation of President Thein Sein?s limited reforms in Burma and the signature of
preliminary ceasefires agreements with some of the ethnic armed groups, the issue of refugee
return is becoming increasingly prominent. According to The Border Consortium (formerly the
Thailand Burma Border Consortium) there are approximately 160,000 refugees on the Thai-Burma
border. The governments of Thailand and Burma have made no illusions as to their aims: to
repatriate the refugees as soon as possible. Donors and the United Nations High Commissioner for
Refugees (UNHCR) have already started preparing refugees? return while community-based
organizations (CBOs) that constitute and represent refugees are trying to bring the refugees? voices
to the decision makers. The refugees themselves are suffering from a lack of information and clarity
as to their own future and as such, tension and anxiety have been building in the refugee camps..."
Source/publisher:
Burma Partnership
Date of publication:
2012-12-11
Date of entry/update:
2012-12-17
Grouping:
Individual Documents
Language:
English
Format :
pdf
Size:
138.01 KB
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Description:
A powerful video made up of interview clips, mainly with refugees, as well as UNHCR, TBC and other Thailand-based refugee and human rights organisations about the proposed repatriation of Burmese refugees in Thailand back to Burma. The film is especially critical of the lack of consultation by the UNHCR, Burmese and Thai Government with the refugees and community-based organisaations......"Burma Partnership is pleased to announce the launch of a short documentary entitled "Nothing About Us Without Us". The film highlights refugees? voices about repatriation from camps along the Thailand border back into Burma.
Featuring interviews with the United Nations High Commissioner for Refugees, leading academics, representatives from civil society organizations and the refugees themselves, the film shows the lack of information currently available to most refugees and outlines the necessity of including refugees in the decision-making and planning processes related to their return to Burma."
Source/publisher:
Burma Partnership
Date of publication:
2012-12-10
Date of entry/update:
2012-12-10
Grouping:
Individual Documents
Language:
more
Description:
"After the transition from military government to civilian government in
Burma, most of the people hope that a positive change could take place. If a
genuine and realistic change indeed does take place, then another step in the
repatriation process for the people to resettle to their own land would
definitely follow. However, the arrangements of any refugee?s return should
comply according to the standard of international law.
KRC, as the main supervisory body, represents 7 camps,
approximately 150,000 refugees, and administers all the affairs of the camps?
management and programmes. Thus, KRC has the responsibility to take the
lead on developing any plan for repatriation and for co-ordinating with
organizations such as NGOs/INGOs and CBOs in this process. In this way,
regarding the repatriation, KRC will stand for firstly, the choice of the
individual refugee to make their own decision and secondly, the changes in
Burma need to be legitimately recognized and recommended by the
international communities. Therefore, under the management of KRC - EC,
some conditions required as below have been laid down..."
Source/publisher:
Karen Refugee Committee (KRC)
Date of publication:
2012-10-03
Date of entry/update:
2012-10-03
Grouping:
Individual Documents
Category:
Proposed return of Burmese asylum-seekers from Thailand to Burma, Karen Refugee Committee - statements
Language:
Englsh and Karen
Format :
pdf
Size:
98.5 KB
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Description:
Today a grouping of Karen Community Based Organizations (KCBOs) released their collective position in response to recent news about the repatriation of refugees. The position paper outlines the pre‐conditions and processes necessary for a successful and voluntary return of refugees from several camps along the Thai‐Burma border, back to Karen areas. Repatriation without these pre‐conditions and processes will be against the will of the refugees and will not respect their right to return voluntarily in safety and with dignity.
?We are encouraged by the changes in Burma but there are many improvements that would need to happen before refugees would be safe to return,? said Dah Eh Kler from the Karen Women?s Organization (KWO).?We fled the fighting and the abuse by the Burma Army. We know the ceasefires are still fragile and do not yet include an enforceable code of conduct; the troops are still all around our former villages, along with land mines and other dangers. We hope that we can go home one day soon, but it is just not possible under the current conditions in Karen areas.
The position paper is a comprehensive view of what the Karen community needs in order to go home. It outlines several pre‐conditions that must be met before refugees return to Burma, including: achievement of a political settlement between ethnic armed groups and the Burma government, agreement on a nationwide ceasefire, guaranteed safety and security for the people, clearance of land‐mines, withdrawal of all Burma Army and militia troops, end of human rights violations, abolishment of all oppressive laws and resolution of land ownership issues.
?We have learned from the UNHCR that the Burma government has already planned the locations to which refugees will be repatriated. KCBOs were very surprised to hear this as we and the refugees themselves have not been consulted properly on where, when and how they will be repatriated. Refugees have the right to make free choices on where, when and how they will return to their homeland,? said Ko Shwe from the Karen Environment and Social Action Network (KESAN).
In order to make their own choices about their return, the KCBOs have outlined specific processes that must take place, including defining how consultations with refugees and affected communities must be conducted and how refugees and KCBOs must take part in the decision‐making process at all stages, including in preparation, implementation and post‐return phases.
For the full list of pre‐conditions and necessary processes, please see the attached position paper......Burma, Karen, myanmar, refugee, repatriation, return, thailand
Source/publisher:
Women?s League of Burma
Date of publication:
2012-09-11
Date of entry/update:
2012-09-12
Grouping:
Individual Documents
Category:
Proposed return of Burmese asylum-seekers from Thailand to Burma, Karen and other refugees from Burma in Thailand - general reports and articles
Language:
English
more
Description:
Final result of the litigation in the United Kingdom on risks to Burmese asylum-seekers from the way in which they may be removed to Burma, including the experiences of Mr Stanley Van Tha. The decision of the UK?s Asylum & Immigration Tribunal, issued on 23 January 2006.
Source/publisher:
UK Asylum and Immigration Tribunal
Date of publication:
2006-01-23
Date of entry/update:
2006-04-16
Grouping:
Individual Documents
Language:
English
Format :
pdf htm
Size:
96.75 KB 190.38 KB
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