Guwahati: The International Commission of Jurists said the Indian authorities’ ‘forced’ return of Myanmar refugees violates ‘the principle of non-refoulment, and any further plans to forcibly return more Myanmar refugees must be immediately halted’.
“The forcible return of Myanmar refugees from Manipur violates the principle of non-refoulement under international law as it exposes them to a real risk of serious harm, such as indiscriminate violence against civilians amidst escalating conflict in Myanmar, and the widespread and systematic human rights violations being committed by the Myanmar military,” said Mandira Sharma, ICJ Senior International Legal Adviser.
Manipur Chief Minister N Biren Singh has, time and again, blamed illegal immigrants for stoking ongoing violence and unrest between the Meitei community, the Kuki and other tribal hill communities, and promised to “identify and repatriate them.”
“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-refoulement 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,” added Sharma.
The forced return of Myanmar refugees will expose them to a real risk of serious harm arising from the escalating conflict between the Myanmar military junta and resistance groups, the ICJ said.
India is not a party to the 1951 Refugee Convention and its 1967 Protocol. India is party to the ICCPR and CRC and has signed but not ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As a signatory, India should refrain from any conduct contrary to the object and purpose of the Convention, which explicitly prohibits refoulement under Article 3.
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