Professional Documents
Culture Documents
5-7 WHAT’S ON: Civil Society events around the ASEAN Summit
32 MAP OF LOCATIONS
BURMA PACKET
39 Key Issues on Burma
40 Burma is Still ASEAN’s Shame: 2 months after Charter enacted
45 A Regional First: Burma VJ special screening
46 Japan Under Fire from Lawyers over Rohingya
WHO’LL BE PLAYING HOT POTATO AT THE ASEAN SUMMIT?
Media launch of the APF & ACSC
FCCT Bangkok, 10am, February 19, 2009
Will ASEAN leaders grapple with the urgent issues confronting it, or will the ASEAN
Summit degenerate into the usual game of hot potato?
A press conference to launch the ASEAN Peoples' Forum and the ASEAN Civil Society
Conference, featuring speakers from the region, will briefly highlight these “hot potatoes”
and hint at possible solutions.
An updated media kit, listing civil society events, photo opportunities, civil society media
spokespersons, and media services such as our text alert system, will be distributed at the
press conference.
Speakers:
Mr Yap Swee Seng, Forum-Asia - on the gaps in the ASEAN Charter/ASEAN Human
Rights Mechanism and what needs to happen to ensure that it is truly a “peoples charter”
Ms Joy Chavez, Focus on the Global South - on the impacts of the global economic crisis
and FTAs in the region.
Ms Carla June Natan, Migrant Forum in Asia – on threats to the millions of migrant
workers and their families, and how these will affect the entire region
Ms Lway Aye Nang , Women's League of Burma - on the most urgent recent
developments concerning Burma
Mr Egoy Bans, Initiatives for International Dialogue - on challenges and opportunities for
democracy and peace in the region
For more information, please contact tel: +6685 070 8954 (Thai) or +6681 771 6075
(English)
ENDS
ISSUE HIGHLIGHTS: The “Hot Potatoes” at the 14th ASEAN Summit
The Association of Southeast Asian Nations will hold its 14th summit from February 27 - March 1 in
Hua Hin, Thailand.
Below are some of the key issues and questions that should be seriously pursued at the ASEAN
Summit. The ASEAN Peoples’ Forum Meeting and ASEAN Civil Society Conference in Bangkok
will be formulating recommendations that will be presented to the summit.
These discussions will take place against a backdrop of political instability in some countries: The
governments of Thailand and Malaysia are struggling to assert their authority, with growing
concerns that democracy is being undermined in both. Meanwhile, Indonesia will be holding
parliamentary and presidential elections this year.
The ASEAN Charter – The ASEAN Charter came into force in December 2008, and the Summit
will be the first to be held since then. What are the social, political, security and economic
implications as this regional grouping moves to implement this charter? How likely is ASEAN to
meet its goal of creating a single market by 2015 and what challenges lie ahead? How will it
achieve the Millennium Development Goals along the way?
ASEAN Human Rights Body – The ASEAN Charter allows for the creation of a regional human
rights body, and a High Level Panel has drafted a terms of reference for it, which is expected to be
presented to the Summit. What does civil society in the region think of this human rights body?
What will role should this body play and how can it be effective?
Human rights in Burma and the Rohingya refugees – The plight of Rohingya refugees from
Burma’s Arakan State in recent weeks has highlighted the ongoing marginalisation of ethnic
minorities in the military-run country. How can Southeast Asia best help the Rohingya?
Free trade agreements – ASEAN leaders are expected to sign free trade agreements (FTA) with
India, Australia and New Zealand at the summit. With the completion of these pacts, ASEAN will
have forged trade deals with every major economy in the Asia-Pacific region. The grouping is now
negotiating with the European Union for a FTA. What are the implications for workers, labour
conditions, the environment and regional migration as these agreements come into force?
Global economic slowdown – Southeast Asian economies are being badly hit by the global
economic slowdown. How will Southeast Asia recover from the crisis and how will nations resolve
related problems such as rising unemployment, and food and energy security?
ASEAN’s migrant labor - The slowdown will also have major implications for more than 45 million
migrants in the Asian region, up to 20 million of whom are “intra-regional” workers in Southeast
and East Asia. Malaysia has already announced the deportation of 100,000 Indonesian migrants
because of the economic downturn amidst warnings from civil society over their fate. Thailand is
on the brink of a crackdown on migrant labor. Singapore has announced 300,000 layoffs, mostly
affecting migrants. What will become of these migrant workers? Will there be more mistreatment of
these ASEAN citizens by ASEAN governments?
A Community of Conflict – Southeast Asia is home to the world’s longest-running war. For many,
war, or the threat of war, remains a daily reality. Instead of any improvements, prospects for a
different future have deteriorated in recent years. Will ASEAN’s quest to reinvent itself as a
community involve a commitment to peace?
Environmental & Energy Crisis – The lives of millions of ASEAN people continue to be affected
by environmental pressures, including those linked to the pursuit of export dollars and energy. For
many communities, environmental challenges have become environmental crises.
APF/ACSC SERVICES FOR MEDIA
To subscribe to our sms alert service, pls text your business card
(your name & media organization) to +6681 771 6075
Media enquiries
• 085 070 8954 (Thai)
• 081 771 6075 (English)
APF Administration:
• Ms. Wuttinee Kamolpattarakul, 089 445 4808
• Mr. Jon Fox, 086 998 2613
23-25 THE THIRD The Solidarity for Asia Peoples’ Yap Swee Seng,
February SOLIDARITY FOR ASIA Advocacy is the network of more than FORUM-ASIA and
PEOPLES’ ADVOCACY 100 civil society organisations, peoples’ co-convener of
(SAPA) GENERAL organisations, and trade unions working SAPA, yap@forum-
in Asia that meets to discuss on the
FORUM and Concurrent asia.org
yearly basis its plan in engaging with
Events inter-governmental bodies such as Tel: +66 (0)2 653
Bangkok ASEAN, SAARC, Asia-Europe Meeting 2940-1
(ASEM) and United Nations. Jenina Joy Chavez,
The working groups of the network such Focus on the Global
as the SAPA Working Group on South (FOCUS) and
ASEAN, SAPA Working Group on UN co-convener of
Human Rights, and SAPA Working SAPA,
Group on Migration and Labour will also joy.chavez@focuswe
meet to discuss its advocacy and b.org
lobbying plans in 2009.
Robert Pinauin Jr. Policy Officer, IBON - speaker during the workshop CSO :+639063322765/ English, Feb 19-24
International effectiveness for development and rpinauin@ibon.org Filipino
human rights advancement in the
region, feb 21, 2-4pm
- Expertise on aid effectiveness, Paris
Declaration, development work
- also working on climate change and
food sovereignty
September Paw (Ms) Karen Human Rights BURMA: Mass Atrocities and Human c/- +668 1107 2801 English, Thai feb 18-23
Group Rights Abuses against ethnic groups
Soe Aung Forum for Democracy BURMA: Democracy and Human c/- +668 1107 2801 English, feb 18-28
in Burma Rights, Political Prisoners Burmese, Thai
Thura Burma Partnership Media Liaison for Burmese +668 1107 2801 English, Feb 19 -28
spokespersons Burmese, Thai
Toe Toe (Ms) Women's League of BURMA: Women's Issues c/- +668 1107 2801 English, feb 18-23
Burma Burmese
William Gois Migrant Forum in Asia Labor & Migration in Asia +6392 0960 0916 English, Urdu, Feb 22- 26
Hindi
Yuyun Wahyuningrum, Asian Forum for Expert on Human rights in ASEAN, +668 7991 4451 English, Feb 19-
Ms Human Rights and ASEAN human rights body, Human Bahasa early March
trafficking in ASEAN, Speaker in
Development concurrent workshop 2, Promoting the
Indonesia
(FORUM-ASIA) rights of Indigenous Peoples in
ASEAN
THE ASEAN PEOPLES’ FORUM &
ASEAN CIVIL SOCIETY CONFERENCE
Objective
The ASEAN Peoples’ Forum seeks to strengthen civil society across the ASEAN region,
through direct People-to-People engagement. This regional forum establishes a two-way
process, in which domestic issues are escalated to higher regional forums and the local
impacts of regional issues are highlighted for community level groups. The ASEAN
Peoples’ Forum encourages regional civil society to engage on critical ASEAN issues both
among itself and with ASEAN institutions.
Design
APF participants will gather to articulate common positions on key issues confronting
the region, and develop joint action among civil society actors in Southeast Asia.
Participants will have an opportunity to take part in various plenary sessions and
workshops addressing a wide spectrum of urgent contemporary issues for all ASEAN
peoples. Joint activities will tackle core issues, both descriptive, providing information
and insights, and normative, providing analysis and alternatives.
Workshops fall into three broad categories, following the ASEAN Blueprint model:
The APF was initiated by Thai and ASEAN civil society groups, is coordinated by the APF
program committees, and is funded through financial support of both regional civil
society groups and by the Ministry of Foreign Affairs, Kingdom of Thailand, through the
Institute of Security and International Studies (ISIS) at Chulalongkorn University in
Bangkok.
Output
The ASEAN Peoples’ Forum will conclude with the 4th ASEAN Civil Society Conference
(ACSC 4)on Sunday 22 February 2009. The ACSC 4 will prepare a joint statement, to be
presented by ASEAN civil society to the ASEAN Leaders during a special interface
session in Hua Hin on 28 February 2009. This interface provides ASEAN civil society
with a singular opportunity to directly engage on vital issues with ASEAN’s most senior
political leadership.
The ASEAN Peoples’ Forum will strengthen links both horizontally across ASEAN civil
society and vertically, providing a crucial interface ASEAN’s political leadership.
Workshops and plenary session will highlight key regional issues, provide a forum for
direct engagement among ASEAN peoples, and facilitate in the formulation of solutions
to address ASEAN regional challenges.
The combined elements of the APF and the ACSC 4 play a crucial role in establishing the vitality
and strength of ASEAN society as it marches into the 21st century, establishing its rightful place
among the nations of the world.
ASEAN Peoples’ Forum (APF)
Chulalongkorn University, Bangkok, Thailand
20 – 22 February, 2009
DAY 1: Friday, February 20
Venue: Mahitaladhibesra Building
Acknowledgement of delegations
APF Briefing
2
2:00 p.m. – 4:00 p.m. Plenary 2
Understanding Thailand
Moderator: Associate Professor Surichai Wun’Gaeo, Social
Research Institute, Chulalongkorn University
y Jon Ungpakorn, the Advisory Committee of Thai NGO
Coordinating Committee on Development
y Sunee Chaiyarose, the National Human Right
Commission of Thailand
y Prathin Wekawakayanont, Slum Network
y Artef Sohko, Student Federation of Thailand
Emcees
Bun Sambath, Youth Resource Development Program
Gayoon Baek, FORUM-ASIA
Day Coordinators
Anelyn de Luna, ALTSEAN-Burma
Kratae Petrat, TVS
3
DAY 2: Saturday , February 21
Venue: Faculty of Political Science– Building 1, 2, and Alumni
Day Coordinators
Gayoon Baek, FORUM-ASIA
Dottie Guerrero, FOCUS Global South
4
DAY 3: Sunday, February 22
Venue: Mahitaladhibesra Building
5
3: 30 p.m. – 5:00 p.m. Plenary 4
CSO Dialogue with ASEAN
Moderator: Ms. Jenina Joy Chavez, Focus on the Global
South &
Member of the ACSC ROC
5:00 p.m - 5:30 p.m Reading and Affirmation of the ACSC 4 Statement
Day Coordinators
Corinna Lopa, SEACA
Rafendi Djamin, HRWG
6
Workshops at the ASEAN Peoples’ Forum
Three Clusters:
7
ASEAN Peoples’ Forum
Concurrent Workshops, Saturday, February 21
Room Assignment
Speaking of ASEAN-
speaking in grays and
plural: Identities,
101 diversities & solidarities in
engendering
communication rights in
ASEAN
Education challenge to
UNDERmining ASEAN: ASEAN: Attend to the
Ensuring food security for
102 Are we digging our own QUEUE! (Quality
the ASEAN community
graves? Education for the
Unreached & Excluded)
Consultation workshop on
ASEAN declaration on the
Impact of globalization & People’s Politics &
103/2 protection and promotion
GNH youth movement Alternative Communities
of the rights of migrant
workers
8
Workshop Room Assignment
ASEAN: An enabling
environment for CSO
108 People's energy security Climate Justice & ASEAN effectiveness
in development & human
rights advancement?
9
Workshop Room Assignment
Alumni
ASEAN Films* ASEAN Films* ASEAN Films*
Room
ASEAN Films*:
Continuous screening of films on various ASEAN issues, provided by APF partners.
10
Concurrent Workshops, Saturday, Feb. 21, 2009: Detailed Description
12
II. Socio-Cultural Cluster
13
squarely in the policy discussions, and link it strongly to the
expectedly more attractive issues of financial turmoil, price
crises, global warming, and trade and general economic
downturn.
Diversity of Mekong region is one of the regions that comprised of 2pm- B2. 106
Communities &
numerous ethnic groups. Land and forestry has been 4pm (60 pax)
significant for local people due to agriculture is their
Natural Resource fundamental livelihood. Now a day Mekong River is under
Management: threat of economic develop policies and mega projects
Alternatives to such as roads, dams, power plants, mining, navigation, gas
Mega- pipeline and so on. Current destructive practices including
13 Development conversion of forestland to large-scale mono-crop or agri-
business plantations areas which have affected to the
projects in Mekong livelihood of local communities. As youth will play a very
region from Youth important role for further development of our region, we will
perspective take part of this opportunity to learn more from each other.
In order to build up understanding and awareness of
different issues regarding development and natural
resource management.
14
III. Socio-Economic Cluster
15
Declaration on the bodies to follow-up on the Declaration and to develop an
protection & ASEAN instrument on the protection and promotion of the
rights of migrant workers.
promotion of the
rights of migrant Task Force on ASEAN Migrant Workers since March 2007
workers is conducting national consultation "a bottom-up process"
to draft the TU-CSO instrument on the promotion and
protection of the rights of migrant workers.
16
Large-scale mining remains one of the most destructive
and unsustainable activities in the world today. Minerals 9am- B1. 102
continue to be extracted in an unsustainable manner often
without the consent of the communities which host them,
11am (30 pax)
causing countless human rights violations, and wanton
UNDERmining environmental destruction, threatening fragile cultures and
the source of livelihood of peoples who are primarily
ASEAN: Are we
19 dependent on natural resources for their very survival.
digging our own Despite this, ASEAN seeks to encourage continued
graves? investments into mining in the region. For ASEAN
governments, foreign investor-driven mining is a potential
engine of growth and development. The experiences of
countries which have decided to open their minerals sector
to foreign investors prove that this is nothing more than a
myth.
The Universal Declaration of Human Rights (UDHR) and
Defending the current human rights regime and mechanisms are 11am- B2. 107
important instruments in the contemporary peasants and
rights of peasants rural communities. Nevertheless, there are major gaps in 1pm (60 pax)
& small scale food the interpretation and implementation of these mechanisms
producers when applied to peasants. For several years, La Via
Campesina, an international peasants movement, has
20 been taking steps towards institutionalizing the protection
of the rights of peasants. Peasants need a special
provision, and a future International Convention on the
Rights of the Peasants (ICRP) is a logical thing to do. This
initiative also works as a basis for challenging the neo-
liberal model and building alternatives, especially within the
ASEAN scope where peasants is the backbone of the
society.
The workshop will explore and discuss Peoples' Food
Defending People's Sovereignty and comprehensive agrarian reform as lasting 2pm- B2. 107
solutions to the food and financial crises that the world is
food sovereignty & facing. Speakers will show why short term, technocratic 4pm (60 pax)
agrarian reform: “fixes” that do not change the fundamentals of our current
Solutions to the economic system, will not address the crises in any
Food, Fuel, meaningful manner. They will also present cases for why
21 Financial and Peoples' Food Sovereignty and comprehensive agrarian
reform are essential at this conjuncture, as the world's
Climate Crises
peoples are realising the importance of regaining
democratic control over our collective resources and
capacities. And finally, participants will be encouraged to
discuss strategies to build broad societal support for
Peoples' Food Sovereignty and comprehensive agrarian
reform in the ASEAN countries.
The workshop aims to reveal existing situation on food
Ensuring Food security in ASEAN member countries, discuss policy and 11am- B1. 102
program measures that will help attain national and
Security for the regional food security and adopt elements of a food
1pm (30 pax)
ASEAN security framework which can guide food security
22 Community advocates in the region. The initial suggestions and
proposals paves a way for stakeholders to enact policies
and programs that will ensure food security in the region;
the workshop will also issue a statement on food security in
the ASEAN Community.
The most glaring injustice in the whole climate crisis that is
People's Energy befalling us all is the fact that poor people all over the 9am- B2. 108
world, who have the least access to fossil fuel and
23 Security consume only a small amount of energy per head, are
11am (60 pax)
going to be disproportionately affected by the impact of
climate change.
17
In the event that the draft Blueprint for ASEAN Socio-
Cultural Community has proposed to "promote regional
cooperation on conservation of energy and the use of
clean, alternative and renewable energy in the region" (the
only reference to the issues of climate change in the whole
document), it is time the peoples of ASEAN come together
to start discussing how to make the development of clean,
alternative and renewable energy a national and regional
priority.
The ASEAN economic blue print aims for an integrated
Trade regional economy by establishing the region as an 11am- B1. 107
integrated production and services base by 2015. This
Liberalization and poses risks and threats to citizens in the ASEAN,
1pm (80-100
the ASEAN particularly to workers and other marginalized sectors. In pax)
Economic the context of the current global financial and economic
Blueprint: crisis, massive job layoffs are expected to intensify
Implications to
the informalization of labor and further erosion of labor
women workers,
24 rights. The states' responses to the crisis have been biased
informal work and to bailing out investors and assuming corporate risks and
social protection losses than giving more priority than social safety nets for
the people. As a result, household vulnerabilities increase,
leaving women with the multiple burden of finding means
for family survival. Given these important issues, this
workshop will analyze ASEAN economic integration and
trade intensification in the context of the challenges posed
by the current crisis on the ASEAN people, particularly
women.
Panelists from different ASEAN countries will present their
Critical Views on sectoral impact assessment studies, an overview from the 9am- B1. 108
European perspective, and an overview of ASEAN’s key
the ASEAN-EU interests and approach to FTA negotiations. The workshop
11am (40 pax)
FTA: Areas of aims to assist campaigners in South East Asia to better
25 Concern & understand key elements under the context of the ASEAN-
Campaigning EU FTA negotiations; raise public awareness and identify
Opportunities potential main areas of public concern; and provide
information for strategizing further campaign plans on
ASEAN-EU FTA.
The Workshop on ODA and ASEAN: From Accra to Doha
After Accra & will focus on ODA impact on Millennium Development 9am- B1. 103/1
Goals (MDGs) and human development, presenting
Doha: Towards a experiences from some ASEAN countries i.e. Philippines,
11am (50 pax)
more Effective Indonesia and Vietnam. There will be presentations to
Development Aid highlight the people’s voices and the impact of ODA on the
26 in ASEAN lives of the marginalized and disadvantaged. The expected
output of the forum is to be able to put forward a position
that beyond the issue of declining ODA, an important issue
is examining closely the real facts about the quantity and
quality of aid that will hopefully lead to influence future key
international events towards changes in the orientation and
implementation of Official Development Assist.
Regarding the situation in many countries in the region, it is
People’s politics & found out that representative democratic system politics 2pm- B1. 103/2
has much limitation. Politicians and political parties that are
Alternative elected and become people’s representatives and
4pm (50 pax)
27 Communities government are representatives of capitalists. They are not
representatives of farmers, laborers, poor people and other
marginalized groups. As a result, the government’s policy is
not able to address the real problems of majority of the
people of the country. Resources are not justly allocated
18
and under the influence and domination of superpower
countries and global organizations.
19
ASEAN Peoples’ Forum
APF Administration:
• The Institute of Security and International (ISIS)
Prajadhipok-Rambhaibarni Building., 5th Floor, Chulalongkorn University Bangkok
Tel: (66) 2 218 7432-3, Fax: (66) 2 254 0119 Email: isisthailand@chula.ac.th
Media Team:
085 070 8954, Thai/Eng
081 771 6075 Eng.
Tourist police:
1155
20
59- B Malumanay Street, Teachers’ Village West, Diliman, Quezon City 1104, The Philippines
Tel: (632) 433 35 08 Fax: (632) 433 12 92 • E-mail: mfa@pacific.net.hk • Web: www.mfasia.org
Standing Members
Several Asian countries rely heavily on remittances to stabilize the economy and provide for the
basic needs of families. In fact, in recent years, international organizations have enthusiastically
promoted migration as a means to promote development. Remittances represent the largest
transfer of dollars to families in developing countries worldwide – over $300 billion US dollars
globally (twice that of all official foreign aid annually) (World Bank, 2008; Reuters, 2008).
Remittance dollars are used to support the immediate needs of families, sponsoring educational
opportunities and paying for health care. Diminished household incomes will put more families at
risk and migration may be seen as the only option, whether authorized or not.
There are suggestions that flows of undocumented workers will increase even as doors are locked
(OECD, 2009). The reasons for migration such as unemployment and attempts to support families
will not disappear in the global recession. Desperation may deepen and migrants may endure
perilous conditions to continue sending support home.
Migrants and their families will clearly be among the hardest hit by the recession. So too will the
countries that rely on migrant remittances to ease unemployment, service debt payments,
stabilize foreign exchange and support economic growth. Governments need to be aware of
migrant concerns and must examine, in consultation with trade unions, how migrants can be
supported through this challenging time. Stimulus packages are simply bandages that attempt to
obscure the growing cracks in the current economic development paradigm. The ILO’s strategy
for decent work, found in the 2008 ILO Declaration on Social Justice for a Fair Globalization
“provides a solid foundation in addressing the current crisis,” says Juan Somavia, Director-General
of the ILO. “Decent work opportunities at home,” Somavia continues, “would pave the way for
migration by choice, not by necessity.”
MFA calls for governments to uphold the right of migrants to organize, a fundamental right
granted by the Universal Declaration on Human Rights. Labour and migrant worker
movements have become allies but more has to be done to build solidarity across
borders with ties at home and in destination countries.
MFA calls for governments to ensure that laid-off migrant workers are safely returned
home and are not forced to repatriate.
MFA urges countries of origin to create decent jobs in order for people not to be forced to
migrate; migration should be an option not as a means to survive. Governments must
stop relying on remittances for economic development.
MFA iterates that government must implement the ILO strategy for decent work, found in
the 2008 ILO Declaration on Social Justice for a Fair Globalization.
Those workers that choose to migrate for work must be protected and governments (of
both sending and destination countries) must develop means to protect the labour rights
of migrant workers including access to health services, portable social security, by
including migrants under national labour legislation and though standard contracts.
Portable social security is essential to tide over migrant workers during this current crisis
but also to protect migrants from the accelerating cycles of economic downturns.
MFA urges governments in sending countries, as they begin to create economic stimulus
packages, to create decent work opportunities and also to spend on skills and training
programs to cushion workers, both local and migrant, from future shock waves.
MFA is a regional network of non-government organizations (NGOs), associations and trade unions
of migrant workers, and individual advocates in Asia that are committed to protect and promote
the rights and welfare of migrant workers. It is guided by a vision of an alternative world system
based on respect for human rights and dignity, social justice, and gender equity, particularly for
migrant workers.
Sources:
• Al-jazeera. (2009, January 22). “Malaysia bans foreign labourers.”
http://english.aljazeera.net/news/asia-pacific/2009/01/20091228418535985.html.
• Business World. (2009, January 29). “Crisis may worsen sharply, says ILO.” Vol XXII. No. 127.
http://www.bworldonline.com/BW012909/content.php?id=002
• Asian Migrant Centre/Migrant Forum in Asia. (1999). Asian Migrant Yearbook 1999: Migration
Facts, Analysis and Issues in 1998.
• ILO, (2008, June 10). “ILO Declaration on Social Justice for a Fair Globalization.”
http://www.ilo.org/global/What_we_do/Publications/Officialdocuments/lang--en/docName-
-WCMS_099766/index.htm
• OECD. (2009, January 29). “Informal Employment and the Economic Crisis.”
http://www.oecd.org/document/53/0,3343,en_2649_33935_42065141_1_1_1_1,00.html
• Permatasari, Soraya. (2009, January 23). “Asia’s migrant workers are first to lose jobs as
factories shut.” Retrieved from http://www.chinapost.com.tw/business/asia/asian-
market/2009/01/24/193476/Asia%27s-migrant.htm
• Reuters (2008, November 6). “Financial crisis could cut off official aid by 30%..” Retrieved
from
http://www.alertnet.org/thenews/newsdesk/IRIN/31bfc8ee990208fafc506827a097b93a.htm
• Somavia, Juan (2008, December 18). “Director-General of the International Labour Office on
the occasion of International Migrants Day.” Retrieved from
http://www.ilo.org/public/english/bureau/dgo/speeches/somavia/2008/migrants.pdf
• World Bank. (2008). Migration and Remittances Factbook 2008. Retrieved from
http://siteresources.worldbank.org/INTPROSPECTS/Resources/334934-
1199807908806/World.pdf
STOP MEKONG AND SALWEEN DAMS – STOP UNFAIR DEVELOPMENT
STOP HUMAN RIGHTS ABUSE ALONG THESE INTERNATIONAL RIVERS
18 February 2009
(This statement is released in the occasion of the ASEAN People Forum)
Over the last decade, the ASEAN’s policy for the economic integration has played a significant role
in opening up the economies of the poorer countries of the Mekong region – Laos, Cambodia and
Burma – to foreign investment. The last many years has therefore seen investors from both the
public and private sectors within the ASEAN to flock the Mekong region for investing in a
mushrooming hydropower industry as rivers of these countries have largely remained unspoiled.
However, hydropower projects have tended to affect not only the environment, but also violated
basic rights of the people whose way of life depend very highly on natural resources ruined by the
development of hydroelectric projects.
Aside from a number of dam projects completed, being constructed or planned for the tributaries;
governments and the private sector of the ASEAN are pushing for the development of the cascade
11 dams on the lower Mekong mainstream in Laos, Thailand, Cambodia; as well as the cascade of
4 dams on the Salween River on the Burmese soil and on Thai-Burmese border. Of these projects,
many have involved Thailand as both main pusher and main buyer (of the projects’ output).
Today, social and environmental impacts of dam are widely known. Particularly for the Mekong
region, dams have wrecked fishery livelihoods of many communities along the dammed rivers.
Furthermore, in such particular areas as those inside Burma, dams have torn apart lives of the
ethnic people. No doubt, the proposed 11 dams on the Mekong, the world’s most productive river
in term of fishery, will wipe out the means of livelihood of millions of Mekong fishers. While, the
proposed 4 dams on the Salween will aggravate the human rights of condition of various ethnic
groups In Burma and along Thai-Burmese border.
Thai government and the responsible authorities often claim that hydropower projects in Thailand’s
neighbouring countries are of importance to the country’s energy policy management. This is a
false claim. The forecasted figures of electricity demand often exceed the actual demand. This is
even more obvious recently as the Thai economy has begun to be impacted by the on-going global
economic crisis. In December 2008, for instance, the country’s electricity reserve margin swelled to
58 per cent against the 15 per cent required by the country’s current Power Development Plan
(PDP). Even the Thai Energy Ministry has revised the current PDP in response to the on-going
economic recession, which result in the forecasted demand figure being lowered by 4,333
megawatts. Earlier in 2008, the Electricity Generating Authority of Thailand (EGAT) decided to
postpone or abort a few projects for the same reason.
Yet, Thai investors, including EGAT, appear to keep moving different projects forward. EGAT in
particular is going to commence the Hutgyi project that will dam the Salween in Karen State near
Thai-Burmese border which still remain under war between the Burmese Junta’s military and the
Karen National Union. Scheduled to be operational in 2015-2016, the 1,400-megawatt project
worth 1.4 billion US$ entirely on Chinese loan, is a joint venture between EGAT, the junta
government and China’s Sino Hydro Corporation. The project is highly likely to go ahead although
it may become burden of the Thai public and deteriorate the human rights condition of the ethnic
people in Burma.
According to non-governmental organizations that research the problem of dam and human rights
violation; the 4 proposed dam projects on the Salween have already resulted in the displacement
of over a hundred thousand people in the states of Shan, Karen and Karenni in Burma. In many
cases, this process has involved crimes committed by the Junta’s soldiers and officers against the
ethnic people. These crimes include the use of slave labors, forced relocation, confiscation of
property, sexual violence, etc. despite the fact that the construction of these projects has not yet
begun. The Karen River Watch’s study identifies at least 41 Karen villages (2,460 villagers) in the
area that will become the reservoir of the Hutgyi dam as prone to the human rights violation by the
Burmese military regime.
We, the undersigned, urge all governments of ASEAN to beware the severe effects of large-scale
development projects particularly the hydropower on the environment and that these projects are
exacerbating the on-going human rights condition in the poorer country members such as Burma.
The ASEAN’s ignorance about the environmental and human right implication of these projects will
tarnish the ASEAN’s reputation and hinder the future prospect for its cooperation with the global
community.
We urge the ASEAN governments to commit every effort towards imposing heightened social and
environmental standards throughout the ASEAN so that basic rights of the people of its member
countries will be better protected against development projects carried out in non-transparent
manner and in the absence of participation of the affected people.
As the present Chair of the ASEAN, we urge Thai government to take the lead role in upholding
the principles of friendship and fairness and the respect for human rights and dignity in ASEAN’s
further cooperation. The government must order EGAT to freeze the construction of the Hutgyi
dam immediately and undertake an extensive review of dams on both the Mekong and Salween
which involve Thai investments.
We support ASEAN’s cooperation for just and sustainable development of the ASEAN. The
Mekong and Salween are international rivers that feed millions. Richness of the rivers should not
be for any countries who may exert their political and economic authorities in order to reap or
exploit the rivers for their economic gains.
Signed,
Northern NGO Coordinating Committee on The Cooperation of Lam Patow Area Recovery
Development Project, Chaiyaphum
Northeastern NGO Coordinating Committee on Project for Sern Watershed Management,
Development Chaiyaphum
Towards Ecological Recovery and Regional Project for Prom River Basin Conservation and
Alliance (TERRA) Recovery, Chaiyaphum
Living River Siam Isan Information Center, Surin
Natural Resources and Salinity Study Group, Tam Mun Project, Surin
Northeast Region, Udonthani
Keang Lawa Wetland Area Conservation and
Academic Network for Ecology and Culture, Ecological Recovery Group
Udonthani
Salween News Network
Ecology and Culture Study Group, Udonthani
Indigenous Peoples’ Foundation for Education
Human Rights and Peace Information Center and Environment (IPF)
Isan Rural Ecological Development Nature Care
Association
Thai Development Support Center (TDSC)
Isan Natural Resources and Environmental
Network Campaign Committee for Human Rights
(CCHR)
Project for Ecological Recovery and
Development of Pong River, Khon Kaen Young People for Democracy Movement,
Thailand (YPD)
People Network for Huai Sai Nang Basin,
Khon Kaen Sustainable Development Foundation (SDF)
Political Prisoners
True democratic progress in Burma requires the release of all political prisoners as a vital initial benchmark. The
number of dissenting voices jailed because of their political stance or because of the exercising of their democratic
rights has doubled since July 2007. Even if the regime’s ‘Roadmap to Democracy’ were legitimate in content there
exists no real opposition to participate because of the brutal suppression they are subjected too. With 2,162 political
prisoners held throughout the country in barbaric conditions they show how there is no valid rule of law, freedom
of expression or free judicial system in Burma.
Summary of developments in the two months since the Charter was enacted:
• At least 432 people arrested and/or sentenced in 2008. In the first two months of the
Charter’s formal enactment, the SPDC arrested 17 activists - including 12 NLD members -
and sentenced 13 - including two NLD elected MPs - to prison terms. All-Burma
Federation of Student Unions (ABFSU) member Bo Min Yu Ko was sentenced to 104
years in prison in connection with the September 2007 anti-junta protests.1 The junta also
extended the house arrest of NLD Deputy Chairman Tin Oo by another year.2
• Four political prisoners died in custody.3 In early January, the regime suspended prison
visitation rights for political prisoners for one month.4
• Over 1,000 Rohingya refugees left Burma and Bangladesh for Malaysia and Thailand by
boat.5 Of those, an estimated 538 boat people died at sea.6 SPDC consul-general in Hong
Kong Gen Ye Myint Aung said that Rohingya were as “ugly as ogres.”7
• Joint SPDC Army and the Democratic Karen Buddhist Army forces launched fresh
offensives against the Karen National Union in Karen State along the Thai-Burma border.8
• SPDC Army soldiers raped one woman in Kachin State and two children - one in Rangoon
and one in Pegu Division (raped and murdered).9
• Médecins Sans Frontières (MSF) included Burma in its annual list of the “top ten”
humanitarian crises. MSF said that the SPDC’s healthcare system left the vast majority of
the people without access to healthcare.10 UNICEF said that Burma has 2nd highest child
mortality rate in Asia, with approximately 10% of all children not surviving past 5 years
old.11
1
AP (14 Jan 09) Myanmar activist gets 104 years in jail
2
AP (13 Feb 09) Myanmar extends detention of opposition leader; Mizzima News (13 Feb 09) NLD leader Tin Oo's house
arrest extended
3
DVB (25 Dec 08) Political prisoner commits suicide in Bago jail; Irrawaddy (29 Dec 08) Political Prisoner Htay Lwin Oo Dies
4
Mizzima News (10 Jan 09) Visitation rights denied to families of political prisoners
5
Kaladan News (05 Jan 09) Rohingyas leave for Malaysia by boat in search of greener pastures; Reuters (29 Dec 08) India
widens sea search for 300 missing migrants; AFP (07 Jan 09) Foreigners stranded near Indonesia; Jakarta Post (10 Jan 09)
Myanmar boat people take up refuge in Sabang; Kaladan News (13 Jan 09) Another engine boat with boat-people leaves for
Malaysia
6
Straits Times (18 Jan 09) Boat people feared dead
7
Daily Star (13 Feb 09) Myanmar envoy brands Rohingyas 'ugly as ogres'; Mizzima (13 Feb 09) Burmese consular says
Rohingya do not belong to Burma
8
Irrawaddy (05 Jan 09) DKBA attacks KNU; Mizzima News (09 Jan 09) Fresh offensive on Thai-Burmese border
9
KWO (05 Jan 09) KWO demands accountability for SPDC rape and killing of 7-year old girl; Mizzima News (09 Jan 09) Two
soldiers are accused of rape and murder attempt; DVB (30 Jan 09) Three soldiers accused of rape at pagoda festival
10
Mizzima News (22 Dec 08) Burma's health care cripplingly under funded: MSF
11
UNICEF (15 Jan 09) The State of the World’s Children 2009
Chronology of shame
2008
15 Dec SPDC court sentences Thant Zin Oo to six months in jail for reading a letter to his brother,
detained NLD member Thant Zin Myo, during a prison visit.24
17 Dec A court in Insein prison sentences Zaw Naing Htwe to nine years in jail for receiving a letter
from his brother, political prisoner Kyaw Kyaw Htwe aka Markee.25
12
AFP (11 Feb 09) Press freedom under worldwide threat
13
Bloomberg (13 Jan 09) Global Freedom Fell in 2008 Amid Crackdowns, Rights Group Says
14
Mizzima News (09 Jan 09) Muslims proscribed from worshipping in residential flats
15
UNODC (02 Feb 2009) Opium Poppy Cultivation in South East Asia
16
Irrawaddy (08 Jan 09) Global Crisis Hits Junta’s Pockets as Gas Prices Fall
17
Irrawaddy (09 Jan 09) Falling Fuel Prices Have No Effect on Gov’t Pumps
18
Kaladan News (09 Jan 09) SPDC authorities impose more tax on marine products business
19
Mizzima News (13 Jan 09) Pro-junta party kicks off campaign for 2010 polls in northwestern Burma
20
DVB (06 Jan 09) USDA grants loans to farmers; DVB (15 Jan 09) Farmers encouraged to join USDA to get loans
21
Irrawaddy (04 Feb 09) New Burmese Political Journal Appears
22
Mizzima News (09 Jan 09) Ethnic Kachin rebel vow to oppose junta held elections; Mizzima News (13 Jan 09) Kachin party -
but not KIO - to contest 2010 election; DVB (21 Jan 09) KIO and NMSP rule out election participation; IMNA (19 Jan 09)
Largest Mon political party will not participate in 2010 elections; IMNA (26 Jan 09) Victorious Mon party from 1990 election
supports NMSP refusal to compete in 2010
23
Mizzima News (05 Feb 09) Junta continues cabinet reshuffle
24
Irrawaddy (19 Dec 08) Letters Land Prisoners’ Relatives, Guards in Jail Friday
25
Irrawaddy (19 Dec 08) Letters Land Prisoners’ Relatives, Guards in Jail Friday
2
19 Dec SPDC forces businessmen in Mon State to buy tickets for concerts held in support of victims
of cyclone Nargis.26
19 Dec Detained NLD youth member Maung San commits suicide in Pegu prison.27
22 Dec MSF includes Burma in its annual list of the “top ten” humanitarian crises.28
22 Dec SPDC Military Intelligence in Maungdaw, Arakan State, arrests a 45-year-old businessman
for alleged connections with a Burmese media organization in exile.29
24 Dec SPDC authorities in Pegu prison severely beat detained NLD member Aung Kyaw Oo.30
24 Dec UN General Assembly adopts a resolution criticizing the SPDC’s human rights record and
calling on the junta to free all political prisoners.31
27 Dec The body of a seven-year-old girl is found with gunshot wounds and signs of rape in
Kyaukkyi Township, Pegu Division. SPDC Army soldiers from LIB 350 are suspected of the
assault.32
28 Dec Two SPDC Army soldiers rape a 21-year old woman from Hsa Hmaw Township, Kachin
State.33
28 Dec Political prisoner Htay Lwin Oo, 46, dies of tuberculosis in Mandalay’s Ohbo prison.34
28 Dec Indian Coast Guard officials say 88 men from an original group of 412 have been rescued
from a boat found near Andaman Island. Officials put the number of survivors at 102.35
30 Dec SPDC authorities in Rangoon arrest nine NLD youth members for calling for the release of
Daw Aung San Suu Kyi.36
2009
1 Jan SPDC suspends political prisoners’ visitation rights for one month.37
1 Jan SPDC authorities in Natmauk, Magwe Division, take lawyer Pho Phyu into custody for
questioning.38
1 Jan SPDC denies US human rights advocate Eric Stover entry to Burma.39
1 Jan SPDC authorities order 100 households along the main road through Khawzar Sub-township,
Ye Township, Mon State, to supply gravel and stones for road repairs.40
2 Jan SPDC military Intelligence in Taunggoat, Arakan State, arrest activist San Lwin, 42, for
alleged connections with a Burmese media organization in exile.41
2 Jan SPDC authorities order Yin-Ye villagers in Ye Township, Mon State, to provide 30 large
piles of firewood for a brick factory operated by SPDC Army IB 31.42
3 Jan SPDC court sentences ABFSU member Bo Min Yu Ko to 104 years in prison in connection
with the September 2007 anti-junta protests.43
3 Jan Weekly journal Voice reports that the SPDC Information Ministry has revoked the license of
11 journals and 20 magazines.44
3 Jan KNLA and DKBA forces clash in Southern Karen State.45
4 Jan Special Branch police in Twante, Rangoon Division, arrest private tutor Aung Pe, 52, for
saluting General Aung San’s monument.46
5 Jan A court in Taunggoat Township, Arakan State, sentences activist San Lwin to five years on
charges of illegal contact with a Burmese media organization in exile.47
5 Jan SPDC authorities in Rangoon’s Kyauktada Township ban Christian and Muslim prayer
meeting in residential apartments.48
26
IMNA (19 Dec 08) Black market businesspeople forced to buy tickets for Nargis benefit concert
27
DVB (25 Dec 08) Political prisoner commits suicide in Bago jail
28
Mizzima News (22 Dec 08) Burma's health care cripplingly under funded: MSF
29
Narinjara News (29 Dec 08) Man arrested for connections with media in exile
30
DVB (08 Jan 09) Commodity protestor beaten in Bago prison
31
IHT (24 Dec 08) UN condemns human rights violations in Myanmar
32
KWO (05 Jan 09) KWO demands accountability for SPDC rape and killing of 7-year-old girl
33
Mizzima News (09 Jan 09) Two soldiers are accused of rape and murder attempt
34
Irrawaddy (29 Dec 08) Political Prisoner Htay Lwin Oo Dies
35
IHT (29 Dec 08) Hundreds of migrants feared dead in Indian Ocean
36
AP (30 Dec 08) Activists calling for release of Suu Kyi arrested
37
Mizzima News (10 Jan 09) Visitation rights denied to families of political prisoners
38
DVB (08 Jan 09) Lawyer in ILO case harassed by authorities
39
RFA (05 Jan 09) Burma blacklists U.S. artist
40
IMNA (15 Jan 09) Households in Ye Township forced to supply truckloads of construction materials
41
Narinjara News (13 Feb 09) Activist sentenced to five years in prison for having media contacts
42
IMNA (09 Jan 09) Villagers forced to supply free timber and firewood to Burmese army in Ye Township
43
AP (14 Jan 09) Myanmar activist gets 104 years in jail
44
Xinhua (03 Jan 09) Myanmar terminates some publications for failure to register
45
Irrawaddy (05 Jan 09) DKBA attacks KNU
46
Mizzima News (05 Jan 09) Private tutor stages solo protest
47
Narinjara News (13 Feb 09) Activist sentenced to five years in prison for having media contacts
3
5 Jan A court in Rangoon’s South Dagon Township sentences NLD-LA member Khin Maung Win,
29, to 10 years in prison with hard labor for carrying out relief activities for cyclone Nargis
survivors.49
6 Jan SPDC authorities in Muse Township, Northern Shan State, arrest a 44-year-old local villager
for possession of the monthly SHAN newsletter.50
12 Jan Special Branch police arrest Dala Township NLD youth members Htet Soe Linn and Thet
Paing Linn.51
12 Jan Freedom House ranks Burma among the “worst of the worst” countries in its annual
worldwide survey on freedom.52
12 Jan SPDC authorities deny lawyers access to a court in Insein prison to represent MP Nyi Pu and
Dr Tin Min Htut.53
14 Jan SPDC authorities arrest Dala Township NLD member Min Thike Htoo.54
15 Jan UNICEF says that Burma has 2nd highest child mortality rate in Asia, with approximately
10% of all children not surviving past five years old.55
15 Jan US Department of Treasury adds two individuals and 14 companies to its existing list of
corporations and individuals subject to targeted financial sanction on Burma.56
16 Jan Police in Allen Township, Magwe Division, arrest lawyer Poe Phyu, 30.57
19 Jan SPDC authorities force 35 HIV/AIDS patients to leave the Ahthawka Rama Shwehintha Yele
monastery in Rangoon where they were receiving free treatment.58
19 Jan SPDC sentences NLD member Thein Soe to two years in prison for monitoring corruption
and recruitment of child soldiers by SPDC authorities in South Dagon Township.59
20 Jan Three SPDC Army soldiers rape a 16-year-old girl in Rangoon.60
21 Jan Dala Township court sentences NLD youth members Htet Soe Linn and Thet Paing Linn to
two and a half years in prison on charges of disturbing a government official on duty.61
21 Jan A court in Rangoon’s Hlegu Township sentences Khin Thein, the mother of a local NLD
member, to one month in prison.62
22 Jan Monk U Arnanda, 61, from Thitsatharaphu monastery in Rangoon’s North Okkalapa
Township, dies in Insein prison.63
23 Jan Magwe court sentences labor activist Zaw Htay to 10 years in prison for reporting to the ILO
land confiscation by the SPDC Army.64
25 Jan Police in Buthidaung, Arakan State, arrest a fellow police officer and a woman on charges of
drug trafficking and seize 150 grams of marijuana, 2,000 marijuana-filled cheroots, and 430
amphetamine tablets.65
26 Jan In advance of a visit by SPDC PM Lt Gen Thein Sein, SPDC authorities in Maungdaw,
Arakan State, force residents to beautify the town.66
28 Jan UN Food and Agriculture Organization and the World Food Program warn that five million
people in Burma are in need of food assistance because of cyclone Nargis and the continued
rat infestation that has destroyed crops in Chin State.67
28 Jan An inmate in Irrawaddy Division’s Hinthada prison beat monk U Kalatha on the orders of a
prison official.68
48
Mizzima News (09 Jan 09) Muslims proscribed from worshipping in residential flats
49
Mizzima News (06 Jan 09) Nargis volunteer sentenced to 10 years imprisonment
50
SHAN (16 Jan 09) Villager arrested for carrying 'Independence' copy
51
DVB (13 Jan 09) Two NLD youth members arrested
52
Bloomberg (13 Jan 09) Global Freedom Fell in 2008 Amid Crackdowns, Rights Group Says
53
DVB (13 Jan 09) Elected MPs’ lawyers denied access to court
54
DVB (20 Jan 09) Third Dala township NLD member arrested
55
UNICEF (15 Jan 09) The State of the World’s Children 2009
56
AFP (15 Jan 09) US slaps more sanctions on Myanmar regime backer
57
DVB (19 Jan 09) Lawyer Pho Phyu arrested
58
Irrawaddy (22 Jan 09) AIDS Patients Forced to Leave Monastery; Mizzima News (29 Jan 09) HIV/AIDS patients driven out
from Rangoon
59
Mizzima News (21 Jan 09) NLD member jailed for two years for disturbing officials
60
DVB (30 Jan 09) Three soldiers accused of rape at pagoda festival
61
DVB (23 Jan 09) Dala NLD youth member jailed
62
DVB (27 Jan 09) NLD member’s relatives jailed after being assaulted
63
DVB (30 Jan 09) Monk U Arnanda dies in detention
64
DVB (26 Jan 09) Labour activist jailed for 10 years
65
Kaladan News (26 Jan 09) Drug distributor arrested in Buthidaung
66
Narinjara News (26 Jan 09) Residents Forced to Clean Town for PM's Trip
67
AP (28 Jan 09) UN: Burma Faces Food Crisis; Mizzima News (30 Jan 09) Over five million people face food shortage in
Burma
68
DVB (09 Feb 09) Monk and activists mistreated in detention
4
1 Feb Na Sa Ka orders villagers in Maungdaw Township, Arakan State, to provide firewood for
baking bricks.69
2 Feb UNODC says that the area under poppy cultivation increased in Burma for the second
consecutive year.70
4 Feb A court in Rangoon’s South Dagon Township sentences ABFSU activist Dee Nyein Lin, 20,
to five more years in prison for unlawful association.71
6 Feb A 50-year-old man from Kyauktalone Village, Pegu Division, dies of injuries sustained while
performing forced labor.72
9 Feb SPDC consul-general in Hong Kong Gen Ye Myint Aung says that Rohingya are as “ugly as
ogres.”73
9 Feb A court in Rangoon’s Mingalataungnyunt Township sentences ABFSU leaders Kyaw Ko Ko
and Nyan Linn Aung to three years in prison.74
11 Feb The Committee to Protect Journalists says that Burma was the world’s third worst jailer of
journalists in 2008.75
13 Feb SPDC extends the house arrest of NLD Deputy Chairman Tin Oo by another year.76
13 Feb A court in Insein prison sentences NLD elected MPs Nyi Pu and Tin Min Htut to 15 years in
prison for writing an open letter to the UN.77
69
Kaladan News (02 Feb 09) Nasaka Headquarters orders villagers to provide firewood for baking bricks
70
UNODC (02 Feb 2009) Opium Poppy Cultivation in South East Asia
71
Irrawaddy (05 Feb 09) Young activist given 15-year sentence
72
DVB (09 Feb 09) Man crushed during forced construction work
73
Daily Star (13 Feb 09) Myanmar envoy brands Rohingyas 'ugly as ogres'; Mizzima (13 Feb 09) Burmese consular says
Rohingya do not belong to Burma
74
DVB (10 Feb 09) ABFSU leaders jailed for three years
75
AFP (11 Feb 09) Press freedom under worldwide threat
76
AP (13 Feb 09) Myanmar extends detention of opposition leader
77
Reuters (14 Feb 09) Myanmar jails opposition MPs ahead of U.N. envoy visit
5
JAPAN UNDER FIRE FROM LAWYERS OVER BURMA’S ROHINGYA
Issues of stateless Rohingyas have again deprived much public attention recently. The Rohingya is a Muslim
population mostly from in the Northern Arakan (Rakhine) State, Burma. They were rendered de jure stateless
under the Burma Citizenship Law of 1982. In Burma, they are called illegal migrants, and subject to widespread
discriminations, including restriction of movement, marriage and birth control, denial of public employment,
restriction on access to education and medical treatment, as well as forced labor, land confiscation, arbitrary
taxation or extortion, and invasion of freedom of religion. In these circumstances, the Rohingya continue to flee
from Burma to neighboring countries, where, however, they do not receive effective protection. Thai authorities
have been widely criticized for their mistreatment against Rohingya boat people. Thailand treat Rohingya refugees
as illegal migrants, and push back them to the high sea without enough water and food supplies. For years,
Thailand has attempted to return Rohingyas back to their home country. In general, Thailand is not their final
destination but in most cases a transit country en route to Malaysia. Most Rohingyas, however, have not received
effective protection in Malaysia, regardless of their prima facie refugee status recognized by UNHCR Malaysia
office, which Malaysian authorities do not recognize. That is why many Rohingyas decide to make secondary or
tertiary movement and seek protection in such countries as Australia, Canada, the United Kingdom and the United
States and some move to Japan with hope to be protected like in these countries. However, most of those who have
come to Japan find themselves in another hopeless situation; many of them are not given working permission and
living without health or social insurances, as well as facing a risk of deportation to Burma.
1. Rohingya population in Japan
status no. (person)
Currently, about 200 Rohingyas are residing in Japan,
refugee 11
whether legally or illegally. As the table to right shows, so far, humanitarian status 271
11 Rohingyas2 have been granted refugee status and 27 have family unification 70 (apprx.)
asylum seekers 92 (mini.)
received special residence permission on humanitarian grounds.
All asylum applications have been filed by adult male Rohingyas; only those who have successfully gained legal
status can bring their family to Japan. On the other hands, of the 92 asylum seekers, over 30 Rohingyas have been
rejected their refugee claims at the administrative level and sought judicial review or filed second application.
Majority of Rohingya asylum seekers who came to Japan had been boat people and did not have genuine travel
document for their statelessness in their home country. Without documents, they cannot have temporary residence
permission while asylum applications are pending; they are only able to have provisional release permission after
about a year long detention.
2. Rohingyas under judicial procedures
Among 92 Rohingyas asylum seekers in Japan, at least 30 cases are now under judicial process in Tokyo,
Osaka and Fukuoka. 20 Rohingya cases belong to the Tokyo district court3. For rest of the cases, 1 case belongs to
Tokyo high court4, 6 to Osaka and 3 to Fukuoka. All are cases are concerning rejection of their refugee status and
1
At least 1 family with special residence permission left to Australia and granted refugee status. See RRT 0802146 (23 July
2008).
2
All cases involved political activities.
3
This collective case started on 26 July 2007.
4
This case was rejected by the high court on 18 February 2009.
1
JAPAN UNDER FIRE FROM LAWYERS OVER BURMA’S ROHINGYA
deportation order. Japanese Government takes a position that these Rohingyas can be deported to Burma because
they identify themselves as Burmese, neglecting the crucial fact that they are regarded as de jure stateless in their
home country. Japanese authorities have been making irresponsible decisions without assessing objectively and
understanding their real situation of the Rohingya people.
3. Treatments of the Rohingya in Japan
(1) Mass detention of 2006
Arrivals of the Rohingyas to Japan, mostly from Malaysia, significantly rose in the first half of 2006, when
UNHCR Malaysia stopped the registration in the late 2005 hoping the new Malaysian policy to secure their status
in vain, and some Rohingyas started to leave Malaysia and arrive in Japan. As a stateless people, Rohingyas who
had difficulty in obtaining a genuine travel document and had to travel with service of agent were caught at the
airport security and then detained for over a year, regardless of their possession of UNHCR documents or applying
for refugee status. As to Rohingya issues, Japanese authorities have a clear position to neglect or disregard
UNHCR decisions. This position of Japanese authorities is contrary to its resettlement policy starting in 2010,
which they are to receive Burmese refugees who have been recognized by UNHCR.
2. Issuing deportation order, destination to Burma
Rohingyas are facing the risk of deportation to Burma, not only by the Thais but also by the Japanese
authorities. In 2006, Thai authorities allegedly tried official deportation of Rohingyas to Burma, but the deportees
were sent back to Thailand next day. The Burmese authorities claimed that they were not from Burma. On 31
January, the Burmese authorities explained their current position on the Rohingya through state-owned
newspapers.5 It should be noted that the current exodus of Rohingya boat people was generated by the Burmese
authorities, which increased military presence in the Northern Arakan where most of the Rohingya live. Although
Thai authorities again vowed deportation of Rohingyas, only feasible “official deportation” in the current context is
to hand them over to human smugglers in Thai-Burmese border areas; in such most cases, they become victims of
human trafficking. According to one unconfirmed source, in 2006, one Rohingya who arrived at Narita airport was
immediately deported to Thailand via Shanghai, despite of his intention to claim for refugee status in Japan. His
fate afterwards is unknown.
Although deportation of the Rohingya to Burma is obviously infeasible, the Japanese authorities still
continue to insist that Rohingyas be deported to Burma, and keep rejecting their asylum claims and issuing
deportation orders with destination to Burma.
3. Detention continues
Rejection of Rohingya asylum claims continues in Japan, and they are not given protection on the basis of
their statelessness either6. The Japanese authorities must know that these Rohingyas are not deportable to Burma. It
is non-sense for the immigration to detain those who have rejected their claims every time.
4. Way Forward
Japanese government has not only failed its international obligation to protect the Rohingya refugees but
been trying to deport them to Burma. This Japanese government’s lack of policy should be criticized. The
Rohingya issue cannot be solved without regional or international cooperation and Japan should join the
cooperation too. First of all, Japan must start to protect Rohingyas seeking asylum inside the country.
5
The Burmese junta explosively state that, “The Rohinja is not included in over 100 national races of the Union of Myanmar.”
New Light of Myanmar (30 January 2009)
6
Japan is not a signatory of the Convention related to the Status of Stateless Persons.