JULY-97: HRW/ASIA RECOMM.ON THAILAN

[uneoo@xxxxxxxxxxxxxxxxxxxxxxx]

/* Posted 5 Sep 6:00am 1997 by drunoo@xxxxxxxxxxxx in igc:reg.burma */
/* ----------------" HRW/Asia recomm. on Thai/ASEAN "----------------- */

Following is excerpts from Human Rights Watch/Asia report on July 1997
(Vol.9, No.6.C); the recommendation to the Royal Thai Government and the
ASEAN. Full printed report may be available to order from the Human Rights
Watch office in UK e-mail <hrwatchuk@xxxxxxxxxx>.

With best regards, U Ne Oo.
------------------------------------------------------------------------
RECOMMENDATION:

TO THE ROYAL THAI GOVERNMENT

* Thailand should accede to the 1951 United Nations Convention Relating to
the Status of Refugees and the 1967 Protocol Relating to the Status of
Refugees.

* Thailand must abide by its obligations under international law and
provide safe asylum to all those fleeing from persecution inside Burma in a
consistent manner and in particular to ensure that the border is not closed
to those currently fleeing persecution. The refugees must not be
repatriated against their will and any repatriation must comply with the
obligation of non-refoulement and the Conclusions of Executive Committee of
the United Nations High Commissioner for Refugees(UNHCR) Programme; the
UNHCR should be permitted to carry out its role in relation to any such
voluntary repatriation as elaborated in its voluntary repatriation
handbook.

* Thailand should establish procedures under which nationals from Burma can
seek asylum in order to prevent refoulement occurring of people arrested,
convicted and deported for illegal entry into Thailand.

* Thailand must stop equating an absence of fighting as the sole condition
for Burma to be considered safe for the return of the refugees. Those
fleeing Burma should be treated as refugees where there is a well-founded
fear of persecution, regardless of whether or not this is experienced in
the context of fighting. An end to fighting in Burma does not in itself
mean an end to human rights abuses.

* Thailand should allow the UNHCR to carry out its mandate in relation to
the refugees from Burma on the Thai/Burmese border.

* Thailand should continue to allow access to the refugee camps on the
Thai/Burmese border to those nongovernmental organizations (NGOs) who
provide assistance and relief to the refugees.

* Those camps which are vulnerable to cross-border attacks and raids by the
Democratic Karen Buddhist Army (DKBA) and the SLORC should be moved to
safer site located further inside Thailand, away from the border, Thailand
should take immediate steps to provide an adequate level of security in the
camps.

* The refugees housed in camps on the Thai/Burmese border must be allowed
to live in humane conditions.

* Refugees from Burma's Shan State should be allowed to estabilsh refugee
camps at which they are able to receive humanitarian assistance.

* Thailand must abide by its treaty obligations as they concern refugees
under the 1989 Convention on the Rights of the Child and the 1966
International Covenant on Civil and Political Rights.

TO THE ASSOCIATION OF SOUTH EAST ASIAN NATIONS

* ASEAN should establish a working group to promote a peaceful end to
violence and continued repression in Burma and the implementation of
measures to create conditions under which refugees could voluntarily return
to Burma in safety and dignity.

* All ASEAN member states should be encouraged to abide by international
standards for the treatment of refugees. Concern should be expressed to
both the Thai and Burmese governments where these standards are violated.

* As a means of demonstrating Burma's willingness to cooperate with the
international community as a responsible member of ASEAN, member states
should press Burma to permit the U.N. Special Rapporteur on Burma to carry
out his mandate and visit the country, especially ethnic minority areas, in
time for him to be able to report to the U.N.General Assembly in November
1997.

* ASEAN governments should also urge Burma to implement other key
recommendations in teh U.N. resolutions, including the release of all
political prisoners, detained solely for the exercise of their
iternationally recignized rights, ensuring full respect for human rights
and fundamental freedoms, including freedom of thought, opinion,
expression, association and assembly, and protecting the safety of all
political leaders including Daw Aung San Suu Kyi.

* ASEAN governments should agree, in advance of the next ASEAN meeting in
December in Kuala Lumpur, Malaysia, to informally review the situation in
Burma and consider additional initiatives that might be undertaken jointly
or on a bilateral basis.

* ASEAN's dialogue partners -- including Japan, the European Union,
Australia, the United States and Canada -- should raise these concerns
during the ASEAN Post Ministerial Conference in Malaysia, July 28-29, 1997.
They should also urge China, which will be represented at the conference
and gives substantial economic and military assistance to Burma, to use its
influence with the SLORC.

/* Endreport */