Provide Sanctuary to Rohingya Women Refugees: Plea to NHRC

Masum, a human rights organisation working in the border areas of West Bengal has in a written complaint to the National Human Rights Commission sought its intervention for refugees who are Rohingya Muslims from Myanmar.

The complaint states that it has come to the rights groups knowledge that ‘a large number of Rohingya people, reached India to save their lives from persecution by the Myanmar government.’

The complaint cites the following documents:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21355&LangID=E  
http://www.un.org/apps/news/story.asp?NewsID=55595#.WT7QuJKGMdU
http://www.mcrg.ac.in/WC_2015/Reading/D_Refugee_Protection.pdf

Further, the complaint points out that the Rohingya people, arrested by police of West Bengal, India; are at present under detention at Malda District Correctional Home, West Bengal.  
The particulars of those persons as recorded in the record of the correctional home are as follows:-
 

NameAddressGuardian’s NameAdmission Date
in the correctional home
Ms.AshaBegamVillage- BasidangNayapara, Police Station – Bushidang, District – Camp, MayanmarLate Abdul Salam (Husband)20.01.2016
Ms.FatemaBegamVillage- BasidangNayapara, Police Station – Bushidang, District – Camp, MayanmarLate Abdul Salam (Father)20.01.2016
Ms.HamiraBegamVillage- BasidangNayapara, Police Station – Bushidang, District – Camp, MayanmarNajir (Husband)20.01.2016
Ms.ThaslimaBibiVillage- BasidangNayapara, Police Station – Bushidang, District – Camp, MayanmarNurMd (Husband)20.01.2016
Mr.Fahiadul IslamVillage- BasidangNayapara, Police Station – Bushidang, District – Camp, MayanmarLate Abdul Rajjak (Father)23.01.2016
Mr. Md. HossainVillage- BasidangNayapara, Police Station – Bushidang, District – Camp, MayanmarLate NajirAhammed23.01.2016

 
 
Making a strong plea for the Rohingyas from Myanmar, the complaints said that they have fled their country in fear ‘ and have come to India to save their lives and making a living. They are stateless as Myanmar disowning them, they were dying and homeless. ‘

The complaint further says,

‘State prosecution against them is merely on the grounds that they have entered into India without any valid document but the law enforcement agency bound by the law did not consider that the fact that those aforesaid persons belong to Rohingya Muslim Community which is an oppressed ethnic minority community in Myanmar.

‘In Myanmar, Rohingyas are not considered full citizens and are systematically and officially robbed of their basic civil, political, social and cultural rights. They are routinely subjected to killings, arbitrary arrest, torture and forced labour. In view of the prevailing circumstances in Myanmar, the Rohingya people had no alternative except to flee Myanmar to save their lives.

‘They have the right to seek and enjoy in other countries asylum from persecution and such right flows from Article 14 of the Universal Declaration of Human Rights and thus denying them of such right is an absolute violation of the principles enshrined under the Universal Declaration of Human Rights, 1948 which the Government of India is bound to respect and follow having ratified the same. As per Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as was adopted by the United Nations General Assembly on 10th December, 1984 to which India is a signatory, the law enforcing agency is obligated not to forcibly repatriate them to Myanmar; as Indian state signed the UN resolution, though not ratified yet.

Finally, the complaint by Masum hopes that the the victims in this case will be equally treated and be provided with equal opportunity to seek refugee status from UNHCR-India instead of rotting behind bars.
Concretely the NHRC has been urged to ensure that
 
·        The concerned authorities must be directed to make a through enquiry on the situation of the victims and they should be given proper opportunity to seek refugee status from UNHCR-India.
·        The prosecution registered against the victims should be withdrawn immediately considering the facts and circumstances of the victims.
·        The victim women should be kept in a shelter home instead of the correctional home.
·        Any other action as the Commission may deem fit and proper.
 
 

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