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ICJ Appeals to India to 'Immediately Halt Forced Returns' of Myanmar Refugees

'The Indian authorities’ forced return of 77 Myanmar refugees violates the principle of non-refoulment, and any further plans to forcibly return more Myanmar refugees must be immediately halted,' said International Committee of Jurists.
A refugee camp in Thingsai village with the capacity of accommodating 300 migrants.

New Delhi: Barely a week after Manipur chief minister N. Biren Singh had announced on X (formerly Twitter) that his government had “completed the first phase of deportation” of 77 refugees who had entered the northeastern state from Myanmar, the International Committee of Jurists (ICJ) has urged India to “immediately halt” their “forced returns” to the strife-torn country and “respect the non-refoulment principle”.

In a press note on May 10, the Geneva-based human rights organisation that works for developing international rights standards through the law, said, “The Indian authorities’ forced return of 77 Myanmar refugees violates the principle of non-refoulment, and any further plans to forcibly return more Myanmar refugees must be immediately halted.”

The organisation that comprises of eminent judges, lawyers and academics, said, “The Indian authorities must immediately halt all further forcible returns of Myanmar refugees from Manipur and should instead offer protection and support to those seeking safety from serious harm, in line with the non-refoulment principle and India’s other obligations under international human rights law. The incitement of discrimination, hostility or violence against Myanmar refugees in relation to the ongoing violence must also be stopped and prohibited.”

It said deportation would “expose them to a real risk of serious harm arising from the escalating conflict between Myanmar military junta and resistance groups.”

“The non-refoulment principle is the cornerstone of international protection under international law, including under customary international law and is, therefore, binding on all states. In addition, the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), by which India is bound as a State party, guarantee protection against refulgent,” it underlined.

On May 10, Biren Singh had taken to X once again to announce that 5,457 “illegal immigrants” from that country had been detected in Manipur whose biometrics had been collected and the “deportation process is underway”. ICJ expressed concern at the announcement, stating, “The circumstances in which such collection is taking place are coercive and contrary to the principle of prior informed consent, which should be a prerequisite to collection.” It said, that is also concerned that “such sensitive data may be used to carry out arbitrary arrests and detention”.

According to a rough estimate, over 6,000 people from Myanmar have taken refuge in Manipur which shares a 398 km long border with Myanmar. The chief minister’s move to deport and collect biometrics of the refugees finds resonance among the state’s majority community, the Meiteis, who have been accusing the Kuki community of Manipur of harbouring ‘foreigners’ during the recent ethnic strife.

The largest number of Myanmar refugees have, however, slipped into Mizoram which borders Manipur. Mizoram shares a 510 km long border with Myanmar. Since the Mizos share kinship with people living across the international border, the refugees have not faced any local resistance.

While the former Mizoram chief minister Zoramthanga had refused the order of the Narendra Modi government to push back the refugees, the current chief minister, Lalduhoma, too has taken a similar line on the matter.

Additionally, both the state government and the Mizo civil society groups have expressed opposition to the Modi government’s recent decision to drop the free movement regime (FMR) with Myanmar, which would mean no free movement of people within the 16 km radius across the international border. This May 16, Mizoram would see a public rally against the Centre’s decision to be led by one of the powerful civil society body, the Zo Unification Organisation (ZoRO).

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