The Ex-Political Prisoners of Burma have joined together in an unprecedented call for help from the international community ahead of the elections in Burma set to be held on November 7. The Ex-Political Prisoners, now living in camps on the Thai Burma border, fear forced repatriation from Thailand to Burma after the election and are desperately seeking assistance that is currently unavailable from the UNHCR for a safe haven, if only temporary, in a third country.

The Ex-Political Prisoners currently have limited access to UNHCR to claim refugee status due to policy agreements between UNHCR and the Royal Thai Government.

The fear is that the Thai Government could repatriate all refugees back to Burma after the November 7 elections on the basis that the elections have created a legitimate Government in Burma. The Ex-Political Prisoners claim that the election will be a sham. Many potential candidates have been banned and Aung San Suu Kyi remains under house arrest.

The elections will change nothing, they claim, but simply install the junta under false pretenses for a number of years to come. During this period any repatriated ex-political prisoners fear that the Junta will again persecute them.

“There are multiple examples of forced repatriation from Thailand, a violation of the Principle of Non-Refoulement which is a cornerstone of International Human Rights Law. The Royal Thai Government has clearly stated its intention of repatriating Burmese asylum seekers following the ‘democratic election’ in Burma. Our fears are well founded and should we be forced to return, with no recognition from UNHCR, we face certain imprisonment or death,” the ex political prisoners said in a signed letter to human rights organizations around the world.

Letter from ex-political prisoners from Burma

We, the undersigned fifty ex-political prisoners from Burma, write to you in desperation. We have no further avenues for appeal and are living in an unbearable fear of forced repatriation to Burma following the 2010 elections.

Currently, there are over 140,000 refugees residing within nine main Refugee Camps on the Thai-Burma border. Of these nine camps, only two house ex-political prisoners – Umpiem Camp and Nu Po Camp. There are a total of one hundred and twenty three ex-political prisoners. The undersigned are the ex-political prisoners of Umpiem Camp but we write to you on behalf all ex-political prisoners. We plead for your understanding that, as ex-political prisoners, we have been identified as dissidents by the Junta.
They know who we are, they know our family members. Many of us are published on the Junta’s most wanted list. We have not committed any criminal acts. We were unlawfully incarcerated for speaking out against the regime. Some of us spent almost twenty years in prison. We know that we will face certain death or imprisonment should we be forced to return to Burma. Ex-political prisoners are an especially vulnerable group and, in light of the current political context, we plead for your assistance.

Our concerns are as follows
1) We, the ex-political prisoners of Umpiem and Nu Po, arrived in the camps post-2005 and, as a result, none of us have been granted refugee status by UNHCR. We are unable to apply for resettlement. As per the agreement between UNHCR and the Royal Thai Government, the Thailand Provincial Board of Admissions (PAB) must approve an asylum seeker’s status prior to a UNHCR interview. However, the PAB has not approved any persons within the camps since 2005 and there is no indication of when or if they will recommence interviews. We are unable to appeal to UNHCR without PAB authorisation. As such, we remain in limbo as unrecognised refugees. This is of particular concern should there be a forced repatriation to Burma following the forthcoming election.

2) Should an Asylum Seeker live outside the Refugee Camps, in the town of Mae Sot, they are classified as an Urban Asylum Seeker. Urban Asylum Seekers are able to approach UNHCR independently of the Thai Provincial Admissions Board (PAB). That is, UNHCR can directly perform Refugee Status Determination (RSD) for Urban Asylum Seekers. But, there is a caveat. This only applies to all NON-Burmese asylum seekers. Therefore we are prevented, by a racially motivated policy, from applying for Asylum at the Mae Sot UNHCR office. UNHCR’s mandate is the protection and recognition of asylum seekers and resettlement in a third country has been identified as a durable solution by UNHCR and it’s partner organisations. However, whether we are urban dwellers or camp residents, we are unable to apply for asylum and gain recognition from UNHCR.

3) The Principle of Non-Revilement is a cornerstone of International Human Rights law however the Royal Thai Government’s actions over the past year are evidence of their blatant disregard for such directives. Three thousand Karen Refugees fleeing conflict were forcibly repatriated from the Thai-Burma border in February, 2010 despite international condemnation. When thousands of Hmong asylum seekers were deported against their will last year, UNHCR was prevented from assessing the group prior to their departure. The Royal Thai Government has openly stated it’s intention to repatriate Burmese Asylum Seekers following the 2010 election (please refer to the Bangkok Post and Agence France-Presse articles attached). Should this happen we face imminent danger. It is clear to us that the 2010 election will not produce a regime change. The Military Junta will continue to rule Burma under the facade of a democratically elected government and, as a result, we will face persecution, injury and death.

Our ultimate goal, our dream, is true democracy for Burma. In the meantime we must seek resettlement in a third country. We cannot return to Burma and we cannot stay here. Each one of us unquestionably fulfils the definition of a Refugee under the 1951 Convention and the 1967 Protocol. We do have ‘a well-founded fear of being persecuted’, we are ‘outside the country of (our) nationality’ and ‘owing to such fear’ we are unable to return to Burma. Despite this, we are prohibited from appealing to UNHCR and now face the possibility of a forced repatriation. We appeal to you for help. Our human rights have been suspended under a fog of diplomatic relations. There is no hope for us without assistance from the international community and time is critical.

Please see the attached personal accounts of three ex-political prisoners and the comprehensive list of ex-political prisoners. The list details our demographics, reason for imprisonment, dates of imprisonment, those of us that were visited by ICRC during our incarceration and our signatures attesting to the above.

Yours sincerely,
The Ex-Political Prisoners of Burma.
List of signatures >>

Aye Min Soe >>
Kyaw Soe Win >>
Thiha Yarzar >>

Press Release >>
Letter Ex-Political Prisoners >>

Bangkok Post article >>
Agence France Press >>

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