Standing Committee of the Executive Committee
of the High Commissioner's Programme
(29th Meeting)
9-11 March 2004

Agenda Item 3 (ii) (b)
NGO Statement on Asia and the Pacific

Thank you, Mr. Chairman.

This statement has been drafted in consultation with, and is delivered on behalf of, a wide range of NGOs.

The Asia Pacific region represents some of the world's most complicated and long-standing caseloads. The strategic presentation of the Asia Pacific Department demonstrates, by the number and complexity of the issues with which it deals, how vitally important UNHCR's role in the region remains. Indeed, in a region where so many governments are not signatories to the Refugee Convention, this role is even more critical. The Department's introductory remarks suggest some hesitancy on the part of UNHCR in terms of the value of its regional role in the future. Given some of the grave protection issues facing, for example, Bhutanese refugees in Nepal, Burmese refugees in Thailand and Bangladesh, and Acehnese refugees in Malaysia, to name but a few, we would suggest the time had come to step up, rather than step down, vigilance and action on protection issues in the region. To that end, we welcome UNHCR's emphasis on working with regional governments to enhance their understanding of protection and the added value it brings to governments facing the challenge of handling mixed flows.

The regional issues we would like to raise centre around refugees and asylum seekers from Aceh, Bhutan, Burma, and Vietnam as priorities, and concern issues of protection, refugee status determination, the principle of non-refoulement, the capacity building of governments to fulfil their legal obligations, access to vulnerable populations, and the call for those governments that have not done so to sign up to the Refugee Convention. Finally, an issue that goes beyond the country-specific is that of the many secondary movers from Africa who remain stuck in South East Asia. NGOs urge governments to recognise and reduce the vulnerability of these groups by working with UNHCR to find durable solutions for cases referred by UNHCR.

Burmese Refugees

Concerning Burmese in Thailand, we are particularly worried about recent actions of the Royal Government of Thailand. These include deportations of asylum seekers and refugees to Burma in contravention of the international obligation of non-refoulement, and the suspension in January 2004 of UNHCR's refugee status determination activities, which are a core protection function under its mandate. Refugees and asylum seekers from Myanamar in Thailand, including the Shan who are not allowed to be housed in refugee camps, are living in a legal and practical limbo and are at constant risk of arrest, detention and deportation. We urge the Royal Government of Thailand to desist from such deportations, and to allow UNHCR to recommence its vital activities in refugee status determination, including for the Shan.

We have concerns about the initiation of activities to prepare for return of refugees from Thailand to Burma when the protection coverage provided by UNHCR involves only a roving presence from the capital city and no permanent capacities in the area of proposed return. Recent reports indicate that fighting persists in eastern Burma and that the Government of Burma continues to commit gross violations of human rights against unarmed civilians including forced labour, forced relocation, rape torture and summary execution. Monthly, more than 2,500 people flee into Thailand, frequently to escape violence and persecution. Given this situation inside Burma, including the lack of independent national or local NGOs who might be in a position to assist with monitoring, we urge UNHCR to refrain from initiating activities in eastern Burma until it is able to verify that conditions are conducive to return, particularly in remote areas.

Recognising these concerns, we urge UNHCR to reconsider how best to redesign this initiative and ensure that it conforms with the highest possible standard of protection for returnees. We also ask UNHCR to base its work in eastern Burma on agreements with the SPDC that respect human rights and permit unhindered access of UNHCR personnel to returnees, including in remote areas. We ask that violation of these standards result in immediate cessation of UNHCR's activities in the country.

The Burmese Rohingya in Bangladesh also provide cause for concern, with recent reports suggesting that protection measures provided to the camp populations are not sufficient, and that the solution of voluntary repatriation has not consistently been adhered to. The strategic change from care and maintenance activities to promoting self-reliance raises a number of concerns. Does UNHCR have a responsibility to build, support and monitor the capacity of governments to provide the basic services to the refugees and asylum seekers, which they are obliged to provide under international law? This obligation exists regardless of whether care and maintenance or self-sufficiency is the operating principle. At the same time, self-sufficiency can only be achieved when refugees are given a legal status that allows them to achieve self-sufficiency. We call upon UNHCR and the Government of Bangladesh to provide clearer information on how these concerns are to be addressed, and how the fundamental principles of protection are to be upheld with relation to this vulnerable population.

We urge UNHCR and the governments involved, including India and Malaysia, to consider all durable solutions for refugees from Burma, including third country resettlement, which should never be presented coercively to refugees as their only option. Additionally, we stress the need for any repatriation to be fully voluntary.

Acehnese in Malaysia The situation of the Acehnese refugees in Malaysia, who have fled a brutal and ongoing conflict marked by grave human rights violations on both sides, also remains troubling. As a result of the failure of the Malaysian Government to recognize the Acehnese as prima facie refugees, they remain in a legal and material vacuum and are at risk of arrest, detention and deportation. We call upon the Government of Malaysia to recognise and act on its international obligations by recognising all Acehnese in Malaysia as prima facie refugees and by stopping the forced return of Acehnese to Indonesia, which amounts to non-refoulement. The Government of Malaysia, with the assistance of UNHCR, should provide the Acehnese with the protection and assistance to which they are entitled.

Bhutanese in Nepal

We remain extremely concerned at the apparent deadlock in resolving the situation of the Bhutanese refugees, now entering their thirteenth year of life in camps. We are particularly alarmed by credible and extremely disturbing reports that we have received from our staff working in the refugee camps and from the refugees themselves, concerning the announcement made by representatives of the Bhutanese government at a meeting in Khudunabari camp on 22 December 2003. The terms and conditions for return presented to the refugees at this meeting are highly unsatisfactory and in the absence of international monitoring, it is questionable how many refugees will choose to return. At the same time negotiations between Bhutan and Nepal seem to have stalled since the Khudunabari incident, although it is encouraging that at least bilateral talks took place on the fringes of the BIMST - EC meeting.

More than ever there is a need for donor governments and UN agencies to intervene proactively to resolve the situation. In view of the failure of the bilateral process to produce a just and lasting solution, we remain convinced that the timing is opportune for those involved with and supporting Bhutan and Nepal to convene an international conference. This would bring all stakeholders together, including UN agencies and refugee representatives, to devise a comprehensive solution to the refugee situation that meets international standards and gives due consideration to each of the durable solutions: voluntary repatriation, local integration and third country resettlement. The Bhutanese refugees could also be the first group to benefit from the Convention Plus Multilateral Framework of Understanding on the Strategic Use of Resettlement, which is currently being developed.

In particular, we call upon the governments of Bhutan and Nepal to recognise and avail themselves of UNHCR's experience and assistance capacity on this complex issue.

Pacific Solution

NGOs remain deeply concerned about Australia's use of Nauru, Papua New Guinea and Manus Island for the off-shore processing of asylum claims, and the legal and human rights implications of this practice. We are particularly concerned about the implications of a recent Memorandum of Understanding between Australia and Nauru, which could have the effect that Australia would impose, pay for and oversee such activities. We recall that Nauru is not a State Party to the Refugee Convention or indeed most relevant human rights instruments. We would also underscore the point made by the Asia Bureau that the hardship experienced by those held in off-shore processing centres such as Nauru remains unacceptably high. We call upon the Government of Australia to comply with its international obligations by bringing the 'Pacific Solution' to an end, and by providing de novo screening and refugee status determination to all asylum seekers in those centres in accord with international standards.

Vietnamese Montagnards

With access to the vulnerable Vietnamese Montagnard group remaining difficult, we call upon the Cambodian Government not to forcibly repatriate this group, and to allow UNHCR actively to fulfil its protection mandate. This includes providing authorisation for UNHCR to operate outside Phnom Penh, especially by opening provincial offices in Mondolkiri and Ratanakiri provinces that are staffed by protection officers. UNHCR must object promptly and vocally to the Cambodian Government's policy of forcibly returning any Montagnards crossing the border from Vietnam to seek asylum in Cambodia. Finally, we call on UNHCR to work with the Cambodian Government to address the special protection needs of asylum seekers and refugees from China and Vietnam who are living in Phnom Penh.

Thank you.