UNHCR Report :Return to Myanmar"

[brelief@xxxxxxx]

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BRC--J would like to thank Ruth Marshall of UNHCR for replying so promptly
and for sending this report to BRC -- J.  We'd heard about it since June but
believe it is important to read in its entirety.  
(A minor point -- does anyone know anything about "Bridge Aaia Japan"?)
We found the  report extremely troubling to put it mildly.  We are surprised
at how sanguinely international organizations and experts treat SLORC as a
normal bureaucracy. 
Mightn't this report also have grave implications for the Mon and Karen?

 


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UNHCR Information Bulletin -- June 1995
Produced by UNHCR Press Office  
Tel: (41- 22) 739 85 02

Returning to Rakhine

It is, currently, the largest organized repatriation in Asia, and
among the largest in the world.  At a rate of more than 10,000
persons per month over the past year, the Muslim refugees who
fled from Myanmar in late 1991 and early 1992 are returning
home from their exile in Bangladesh.  Barely one year into the
voluntary repatriation program, more than half of the 250,000
refugees have returned. (In addition, nearly 55,000 people
returned prior to UNHCR's involvement in the repatriation). 
Only 55,000 people remain in camps in Bangladesh.

UNHCR actively promotes the voluntary repatriation of the
refugees, and has free and full access to returnees in villages
across Myanmar's Rakhine State. 

The closure of 11 of Bangladesh's 20 camps for Myanmar
refugees has gradually removed a presence that had become
commonplace along the Cox's Bazaar - Teknaf road. 
Meanwhile, across the Naf River, in Myanmar, returnees have
resumed their lives in Rakine State.  UNHCR, the World Food
Program and two partner nongovernmental organizations
(Action Internationale Contre la Faim and Bridge Asia Japan)
design and implement small - scale projects to facilitate the
reintegration of returnees, by improving services for them and
for local communities.

Repatriation of Rohingya refugees from Bangladesh began, on
a very limited scale, in September 1992, without UNHCR's
active involvement.  This movement was accomplished by
considerable pressure from the Bangladesh authorities, who
insisted that they could not give the refugees long-term asylum. 
Voluntary repatriation movements did not gain momentum
until after the signing of an agreement between the Union of
Myanmar and UNHCR on 5 November 1993, and the
establishment of an operational UNHCR presence in Rakhine
State in early 1994.  

Prior to UNHCR involvement on the Myanmar side, much of
the camp population in Bangladesh was fearful of the
conditions in their homeland.  Once UNHCR established an
effective presence aid the rights of returnees were manifestly
being observed - voluntary repatriation began in earnest. 
large-scale movements were at first hampered by the
devastating damage wrought by a powerful
cyclone in May 1994, but major repatriation facilities were
swiftly reconstructed, In mid- 1994, UNHCR replaced
individual interviews with a mass voluntary repatriation -
registration campaign, Over 90% of the refugees signed up to
return.

UNHCR informs the refugees about the situation in Myanmar
through group and individual information sessions in the
camps and broadcasts on the camp public - announcement
system.  Refugees are invited to register. They are free to opt
out of any repatriation movement at any time, up to and
including the actual border crossing point.  In order to dispel
any doubts about the voluntary character of the repatriation,
UNHCR has decided that the final verification interviews with
heads of family will take place in private.

UNHCR is satisfied that any refugee who wishes to opt out of 
repatriation because of a valid claim to fear of persecution in
Myanmar is free to do so.  This is the case for an estimated
5,000 individuals who so far have chosen not to sign up for
repatriation during the initial registration.  In addition, a
significant number have subsequently indicated that they do
not wish to return - many of them for reasons of family
situation or health.

PROTECTION 

In addition to UNHCR's assistance to returnees, in the form of
grants and small - scale reintegration projects, the most
important role UNHCR undertakes in Myanmar is that of
monitoring the reintegration and rights of returnees.

UNHCR currently has 13 international staff in Maungdaw,
two in Buthidaung, and four in Yangon, all of whom travel
freely and extensively.  When visiting villages -- whether to
supervise small - scale projects or for specific protection
purposes -- these staff monitor the situation of returnees. 
Queries that come form returnees who travel to UNHCR
offices are also followed up by monitoring visits.

A number of key protection issues continue to be the subject of
dialogue with Myanmar authorities.

Amnesty for returnees

Illegal crossing of the border is punishable by imprisonment
under Myanmar law.  However, the Myanmar government has
agreed not to apply these provisions to the repatriating
refugees.  Since then, UNHCR is not aware of any case where
a returnee has been charged with violation of immigration
laws.

However approximately 45 returnees are currently in
detention, some charges relating to membership of militant
political groups. (Others have been arrested for criminal
offenses committed prior to flight or after their return._ The
Myanmar authorities inform UNHCR of the arrest of any
returnees.

Access to Returnees

The government of Myanmar has given UNHCR staff and
implementing partners free and unhindered access to all
returnees, without official escort.  UNHCR international staff,
with interpreters, also have access to returnees under arrest or
in detention, and try to ensure that they receive suitable legal
assistance and living conditions.  The families of returnees in
detention may be eligible for additional food assistance from
the World Food Program (WFP)

Citizenship, Naturalization and Identity Documents

Most of the Muslims of Rakhine State (around 700,000
people) are not entitled to citizenship under Myanmar's
citizenship laws.  UNHCR has extensively discussed this issue
with the authorities, who state that Muslims may individually
apply for associate or naturalized citizenship.  However,
Muslim leaders seek recognition as an indigenous race on a
par with other ethnic groups.  A very small number of
returnees has so far applied for naturalization, and UNHCR
will assist such applications.

Non - national returnees live in Myanmar as foreign residents,
with restricted freedom of movement.  They are required to
register with local authorities prior to travel and must obtain a
travel permit, which is usually granted.

Those few returnees who were citizens prior to their departure
to Bangladesh have not lost their status, and are still in
possession of all their civil rights.  Any lost citizenship
registration cards are being replaced by the Myanmar
authorities, but this process is somewhat time - consuming, and
UNHCR has been assisting those returnees who have lost their
documents to obtain new ones.

UNHCR has clearly established that all returnees need some
kind of identity document.  Myanmar's Immigration and
Manpower Department (IMPD) issues all adult returnees,
within two months of arrival, a Returnee Identity Card. 
Returnee families also receive a copy of a document known as
the Family List, confirming that they reside lawfully in
Myanmar.

Land

To date, virtually all returnees have been able to move back
into their former homes and to regain any lands they
previously cultivated.  Where this has been problematic,
UNHCR and local authorities have found land in the areas of
former residence.

However, most of the refugees are laborers who never had
access to cultivation land, and this has not changed on their
return.  Many therefore remain extremely poor, particularly
during the dry season, when cultivation work is rare.

UNHCR's small - scale projects and WFP's Food For Work
projects can hope to bring only short - term economic
improvement.  Only large - scale, long - term development
programs will durably improve the lives of returnees and local
communities alike.

Physical Abuse and Extortion

UNHCR intervenes in cases of reported physical abuse or
extortion.  So far UNHCR is only aware of two instances -
where returnees have suffered physical abuse by the author-
ities.  In both cases, UNHCR intervention resulted in the
authorities introducing measures to ensure that such incidents
would not he repeated.  In one case, disciplinary measures
were taken against the responsible officials, who were
subsequently transferred out of the area.

Allegations have been reported concerning forced
contraception of Muslim women by local authorities
implementing the government's birth - spacing program in
Rakhine state.  UNHCR has raised the issue with the
authorities, who have given assurances that the program was
never intended to result in forced contraception, and in no way
specifically targeted Muslim women.  UNHCR is in the
process of setting up and funding a voluntary birth spacing
program, to begin operating in the course of 1995.

Reports of extortion of returnees have been passed on to
authorities, who have taken decisive action to stop the practice
in a number of cases.

Compulsory Labor

Onerous forced labor, particularly military porterage, was one
of the main reasons for the exodus of Muslim residents to
Bangladesh in 1991 and 1992.  Hence UNHCR Myanmar has
focused on the issue from the very outset of the operation in
northern Rakhine State.  However, compulsory labor continues
to be a nation - wide practice in Myanmar.  UNHCR has
intervened repeatedly on the question of returnees being called
for compulsory labor, and feels it has succeeded in reducing
significantly the burden for both the local population and the
returnees.  The authorities have agreed to limit compulsory
labor in Rakhine State to a maximum of four days of work
from every family per month.

Vulnerable Groups

UNHCR pays special attention to problems faced by members
of vulnerable groups, which include
unaccompanied minors, single women, households headed by
women, and people who are elderly, physically or mentally
disabled or clinically ill and who lack family support.

UNHCR Bangladesh registers members of vulnerable groups
and provides the UNHCR field team in Maungdaw with
detailed information.  WFP then makes additional food rations
available to the individuals concerned. 

UNHCR has helped design a number of small scale projects
specifically intended to improve assistance and reintegration
for these vulnerable groups. Several of these projects are
implemented by the Myanmar Red Cross Society, with the
support of two delegates from the International Federation of
the Red Cross.  The Myanmar Red Cross is responsible for
monitoring and assisting vulnerable families in their onward
movement from reception centers and in their home villages.

Going home

Once refugees register to go home, and have been certified as
former residents of Rakhine State, Bangladesh camp officials
schedule their departure.  Family unity is a priority for
UNHCR, particularly for minors and families headed by
women.  Whenever possible, efforts are made to allow relatives
and neighbors to travel together, to foster a sense of security
and mutual support.  Returnees are medically examined. 
Vulnerable people --  the handicapped, elderly, unaccompanied
children and single women - are offered suitable arrangements,
and repatriation is postponed for women in the final stage of
pregnancy until 40 days after childbirth. 

On the eve of their departure from Bangladesh, returnees
receive repatriation kits containing a two  week food rations
per person, cooking utensils, clothing, sleeping mats, blankets.
plastic sheets, jerry -cans and kerosene lanterns.

In the early morning hours of the departure day, returnees and
their belongings are transported by truck to one of two
departure points, where they receive one last medical check
and have their documents reviewed.  Returnees load family
belongings on flatbed rescue boats with a capacity of 40
persons.  They board the boats wearing life-jackets - for the 30
minute - crossing.  (A few refugees make the journey
overland).  

On arrival in Myanmar, each returnee receives a repatriation
grant of 2,000 Kyats (about US $20), and an additional grant
of 100 Kyats to cover transport to the village of origin.  In
addition. each returnee family is given a family grant of 2,000
Kyats, to help them repair or rebuild their homes.  Through the
Myanmar Relief Department, the World Food Program
provides all returnees with ready cooked meals during their
stay in reception facilities.  WFP also distributes two - month
rations of rice, beans, oil and salt to all returnees.

In addition, returnees who repatriated before May 1994 - with-
out the help of UNHCR and WFP -- have subsequently been
issued the 2000 Kyat individual repatriation and family
housing grants.

Reintegration

UNHCR's reintegration program aims to improve and stabilize
the situation of returnees and their host communities in
Myanmar and thus minimize the likelihood of future mass
flight.  A series of small -scale projects have been implemented
to reduce poverty while improving social facilities, such as
education and health centers.  However, UNHCR is not a long
- term development agency.  Its small -scale projects (also
known as Quick Impact Projects, or QIPs) are most effective
as a bridge between short - term emergency needs  and long-term development.  Ultimately, the success of UNHCR's
reintegration program in Myanmar will rest on how effectively
UNHCR can pass on the baton to local and international
development agencies.

Most of UNHCR's small - scale projects are located in the
townships of Maungdaw and Buthidaung, where the majority
of the returnees reside.  The four returnee - receiving
townships, including Sittwe and Rathidaung, have been broken
down into six geographical areas, each of which has been as-
signed one UNHCR field officer to coordinate reintegration
projects.

The struggle to improve the lives of returnees and local
communities is particularly crucial in the field of health. 
Whereas in one camp in Bangladesh, them was one doctor for
every 1,600 refugees, in the Maungdaw and Buthidaung areas
of Myanmar the ratio is closer to one per 100,000.  To try to
meet this challenge, UNHCR has renovated Maungdaw
Township Hospital and purchased an ambulance.  It has
renovated the main hospital in Buthidaung, constructed a new
water - supply system, purchased a water pump and supplied
new furniture.  Equipment to improve immunization programs
- such as new freezers and generators - has been delivered, and
the medical staff in Maungdaw and Buthidaung will soon be
receiving boats, motorcycles and bicycles so that health
workers can visit returnees' often remote villages. The
majority of Rural Health Centers in the two townships will he
renovated and basic medical equipment will be supplied. 
UNHCR is also helping to set up a health - education program,
the region's first 

Another major focus of the program is assistance to schools. 
UNHCR hopes in particular to attract more girls to school, and
to strengthen the authorities' to better quality and coverage of
education.  Only about 15% of school - age children in the
main returnee areas actually attend state schools.  Most
primary - school students enroll in Koranic schools, which
typically feature a two - hour daily class imparting no literacy
or numeracy skills.

Schools are often antiquated and lack sufficient class rooms,
furniture, textbooks and basic sanitation facilities.  Classes
may include as many as 80 children.  Junior teachers are often
untrained graduates.  Over 90% of area residents are illiterate.  

Clearly, without UNHCR's help in renovating structures and
improving facilities, the schools of Rakhine State would be
wholly unprepared to welcome and educate thousands of new
pupils. Currently, UNHCR is renovating 41 schools prior to
the rainy season, and providing supplies to a number of others.

Only if there are major improvements in the lives of Rakhine's
often desperately poor village communities can UNHCR hope
to anchor the returnees.  By the end of the dry season in 1995,
291 brick - lined wells will have been built. 151 ponds
repaired and 96 school and hospital latrines constructed - all
UNHCR small - scale projects.  Village communities have
mostly organized themselves to execute these simple model
projects, using local craftsmen and minimal outside skills.
Standard project modules include brick- lined wells, small
bridges and village ponds. Reservoirs are created through the
construction of low earthen dams to store water for irrigation -
or village water supply These arc no larger than 4.5 meters - 
not sufficient to irrigate rice, but requiring little engineering in-
put or maintenance.  As for school renovation, UNHCR
provides 80% of funding - 400 Kyats for every 100 raised by a
community -- and the community organizes itself to do the
work according to modules laid out by UNHCR.

Most projects are implemented by village development
committees that have been set up at the request of UNHCR to
represent returnees and other villagers. (Despite UNHCR's
requests, the representation of women is low to non-existent).
They are usually overseen by UNHCR's main implementing
partner, Myanmar's Immigration and Manpower Department
(INWD).  The Myanmar authorities recently agreed to permit
limited use of local and international NGOs, a move that will
further improve UNHCR's ability to implement small - scale
projects for reintegration.  Currently, IMPD has undertaken a
wide range of projects.  Action Internationale Contre la Faim
works chiefly in water and sanitation, and the Myanmar Red
Cross runs a number of community services.  In addition, the
World Food Program has set up Food - For - Work projects to
build 150 village ponds, 80 village wells, and a number of
road embankments for rural earth roads.  These projects
generally employ a village's poorest residents, including
women, half the beneficiaries are returnees.

In addition to the food tickets and rations that are distributed to
vulnerable individuals, many agricultural projects are targeted
at single mothers and other vulnerable groups.  Courses in
raising poultry, goats and cows, tailoring, or growing fruit or
nut trees, are of particular interest for women who may have
experience in growing vegetables but have little experience in
generating income.

UNHCR's reintegration program mainly focuses on transport,
water, sanitation, health, community services and education. 
Most of the projects are related to the repair and construction
of facilities and the provision of equipment and materials. 
More complex projects requiring specific technical inputs and
training -- including the establishment of organizations able to
provide loans, grants and ongoing vocational training - will be
planned during the 1995 rainy season, for initial
implementation during the next work -- plan.

UNHCR is in discussions with other agencies with a longer -
term perspective on development, to ensure that these
reintegration projects receive effective follow-up.

Food for Work

The World Food Program's first Food - for - Work projects
started in December 1994, in a somewhat cautious and
experimental frame of mind.  Since then, the pace has
quickened considerably.  During April 1995, for example,
Food - for - Work activities included the construction of 4.5
kilometers of village roads and the enlargement pf 20 water
storage ponds.  By the end of that month, Food - for - Work
projects had helped build 23 roads with a combined length of
18.5 kilometers.  They had facilitated the enlargement of 14
ponds., for an increase of water storage capacity by 11,600
cubic meters.

The total quantity of food utilized for these projects comes to
232 tons of rice and 14 tons of palm oil: less than one - tenth of
the food - for - work requested by WFP in the Joint
UNHCR/WFP appeal for repatriation and reintegration.

Road - building and pond - enlargement are difficult
enterprises during the monsoon season, which gets underway
in June -- partly because of the weather and partly because the
people of Rakhine State are preoccupied with plowing and
planting rice.  Along with UNHCR, WFP will set up projects
to supply food as incentives to trainers and students
participating in public health education and literacy programs,
designed to assist primarily women and children.  Roads and
ponds will be back come November.                               

Ending a cycle of exodus

UNHCR's program to repatriate and reintegrate refugees in
Rakhine State has produced results that were previously
unthinkable. In addition to 22 expatriates and 66 local staff  in
Bangladesh, the presence of 25 international officers and 40
local staff in Myanmar  has not only facilitated the return of
refugees in conditions of  safety and dignity, but has fostered a
sense of security and confidence.

UNHCR is satisfied that there is no discrimination against
returnees in Myanmar, and that UNHCR's presence and access
can ensure the safety of those who repatriate.  But these hard -
won gains remain fragile, and many of the returnees are still
extremely poor.  Although UNHCR does hope to maintain a
presence in Rakhine State for some time to come, the task of
'anchoring' the returnees cannot be undertaken by UNHCR
alone.  With the generous support of the international
community and the sustained and active involvement of other
UN organizations, UNHCR hopes to contribute further to the
improvement of the lives of all Rakhine's residents -- and thus
put an end to a damaging cycle of mass displacement and suf-
fering.  Without funding. this program cannot attain its goals.



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