Citizens Committee Manipur (CCM) on May 3, 2021 welcomed the High Court’s judgement to uphold human rights of seven Myanmar nationals, who entered India secretly to seek protection provided by the United Nations High Commissioner for Refugees (UNHCR) at Delhi.
The judgement looked into the matter of journalists Pau Khan Thawn, Cing San Lun, Si Thu Aung, Niang Go Man, 10-year-old Nang Sian Mung, 9-year-old NangKhan Hau and 5-year-old Dim Sian Huai Nuam, who fled Myanmar after a military coup in February 2021 and the banning of their media and news service Mizzima.
In the judgement, the Chief Justice insisted that India is a party to the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966) even if it is not a party to the UN Refugee Conventions.
Accordingly, it said, “The far-reaching and myriad protection afforded by Article 21 of our Constitution, as interpreted and adumbrated by our Supreme Court time and again, would indubitably encompass the right of non-refoulement.”
Non-refoulement is the principle under international law that a person fleeing persecution from his own country should not be forced to return. The aforementioned people were hiding at Moreh before they were brought to Imphal as per an April 20 High Court order.
However, after considering the case, the Court granted the seven Myanmarese persons safe passage to New Delhi to enable them to avail suitable protection provided by the UNHCR. It told the Foreigners Regional Registration Offices (FRRO) at Imphal airport to immediately provide them with temporary identification cards to enable them to travel to New Delhi, if necessary.
“The state and central governments shall facilitate their travel to New Delhi and shall not cause any obstruction,” said the order.
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CCM Convener Babloo Loitongbam applauded the courage and determination of Human Rights Advocate Nandita Haksar and her husband Sebastian Hongray, who selflessly invested time, financial resources and energy to defend rights of asylum seekers.
Similarly, the CCM voiced concern about the other thousands of Myanmar nationals taking shelter in the state’s border villages without any support and protection other than the hospitality and warmth of poor villagers.
“In the last two weeks, generous citizens responded with utmost magnanimity to the appeal of the Humanitarian Sub-Committee of CCM, and this has made it possible to reach some basic needs such as food, clothing, medicine and utensils in four villages in Kamjong District, three villages in Tengnoupal District and three villages in Churachandpur District covering more than five hundred refugees. But this local private humanitarian effort is grossly inadequate to meet the growing needs on-ground,” said Loitongbam.
As such, the CCM urged the state government and the Centre to seriously consider the constitutional and human rights obligations to protect hapless persons as mentioned in the Monday order. Members further said that governments should consider giving unhindered access to the UNHCR to offer their mandated humanitarian services.
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