Alarmed over the alleged deportation of 38 Myanmar Refugees by the Manipur Government, special Rapporteur on the situation of human rights in Myanmar, Thomas Andrews appealed to immediately investigate the alleged deportation of Myanmar nationals, and halt any further deportations by the Manipur state government and other state and local authorities.
The 38 Myanmar refugees, majority of whom are women and children, fled their homes in Myanmar due to a legitimate fear of violence and persecution by the Myanmar armed forces and sought shelter in India and as such they should be considered refugees, stated Thomas in a letter on May 10, 2024.
It also noted the risk of imminent deportation of 39 further refugees from Myanmar who are currently in detention, and the risk to over 5,000 other refugees from Myanmar whose biometric data has been registered by the state government.
It said that the 38 refugees from Myanmar were deported back to Myanmar via the Tamu border through official immigration channels by the Government of Manipur on May 3, 2024. They were reportedly part of a larger group of 77 individuals from Myanmar who, in March, had been moved out of immigration detention in Imphal and taken to the India-Myanmar border for deportation, it stated.
It alleged that this is the first phase of the planned deportation of the group of 77 refugees, adding that they have reportedly been held in Imphal detention centre for over one year. On March 3 the group was reportedly moved out of the detention centre to Moreh via the State Helicopter Service, it mentioned.
It further said that the state government reportedly attempted to deport the 77 Myanmar nationals including 51 women and five children, who had taken refuge in India on March 8.
It stated that they were reportedly expected to be handed over to the Myanmar authorities aligned with the military at Tamu border crossing, however, the deportation reportedly did not proceed as the Myanmar military affiliated immigration officials on the Myanmar side were not in a position to receive the deportees as the area was surrounded by ‘liberated areas’ at that time.
Following which, they were reportedly returned to the Imphal detention centre, while a majority of the women and children were held inside the Assam Rifles Camp, close to the border, it maintained. The recent deportation of Myanmar refugees by the Manipur state government follows a statement by the Chief Minister that between May 3, 2023 and February 27, 2024, 259 Myanmar nationals had been deported to Myanmar after the state government recorded their biometric details, it noted.
It further mentioned that on May 8, the Chief Minister also issued a statement declaring that 5457 ‘illegal immigrants had been detected in Manipur’ and their biometric data had been recorded and added that the ‘deportation process [is] underway.’
It asserted that the refoulement of these refugees to Myanmar, into the hands of officials affiliated with the military, will expose them to the serious risks of arbitrary arrest, detention, torture and ill treatment, upon their entry to Myanmar. They also risk being penalized under Myanmar’s registration and/or immigration law, which carries an imprisonment term of 6 months or more, it asserted.
The same may also be in breach of India’s obligation under international customary law against non-refoulement, it said. It further expressed concern about the remaining 39 of the group of refugees who may be at imminent risk of deportation as well as other Myanmar nationals, including children, who may be at risk of arbitrary detention in other parts of India.
It also urged to strengthen measures protecting those fleeing Myanmar who are currently in India in line with India’s international human rights law obligations to respect and protect rights of all people on its territory, regardless of their citizenship or immigration status.
The same includes ending the arbitrary detention of Myanmar nationals, including children, allowing UNHCR to operate and access the Northeastern border, and streamlining pathways for refugee registration and asylum determination including by ratifying the Convention Relating to the Status of Refugees 1951, it added.
It further listed several questions and sought response within 60 days.
