BurmaNet News, March 29, 2005

[Editor]

March 29, 2005 Issue # 2685


ON THE BORDER
Reuters: Thailand under fire over Myanmar refugee camp plan

DRUGS
Bangkok Post: Temperature rising in Shan State

ASEAN
AP: Southeast Asian lawmakers to call for censure of Burma
AFP: Manila to lead pressure against Myanmar's ASEAN chairmanship at IPU meet

REGIONAL
Nation via Thai Press Reports: New US ambassador to Thailand positive over
FTA prospects

INTERNATIONAL
AP: U.N. Expert: New regime preventing democratization in Myanmar
Irrawaddy: EU urged to ease pressure on Burma
VOA: ILO warns of sanctions over Burma's forced labor practices

PRESS RELEASE
Human Rights Watch: Thailand: Burmese democracy activists targeted by Thai
government

______________________________________
ON THE BORDER

March 29, Reuters
Thailand under fire over Myanmar refugee camp plan - Ed Cropley

Bangkok: A New York-based human rights group accused Thailand on Tuesday
of cosying up to military-ruled Myanmar by forcing 3,000 refugees to move
from Bangkok to overcrowded camps along the border or face deportation.

"The forced relocation of Burmese refugees to camps is a clear attempt to
improve relations with the military junta in Rangoon," Human Rights Watch
(HRW) said in a statement released shortly before a March 31 deadline to
register all refugees.

The Thai government has said that any refugee from the former Burma who
did not come forward by this time was liable to be arrested and sent back
to Myanmar, which has been under army rule for the last four decades.

The refugees are recognised officially by the United Nations and are
awaiting the outcome of asylum applications to third countries, such as
Norway and the United States, which have already accepted 2,000 Myanmar
people in the same situation.

If sent back to Yangon, those from the remaining group face abuses such as
incarceration or torture, rights groups say.

Thailand's decision to shift the refugees to the border dates back to June
2003, when anti-junta activists staged protests outside the Myanmar
embassy in Bangkok against the imprisonment of democracy icon and Nobel
peace laureate Aung San Suu Kyi.

"Forcing urban refugees into rural border camps is an attempt to drive a
stake through the heart of the Burmese democracy movement in Thailand,"
said Brad Adams, HRW's Asia director.

The United Nations High Commissioner for Refugees (UNHCR) said it was
complying with Bangkok's request for help in shifting the people, but that
it was worried the move would lead to delays in processing asylum
applications.

"The UNHCR has submitted all of these 3,000 people for resettlement in
third countries and we are concerned by the delays that will result from
the transfer to the camps," said spokeswoman Kirsten Young.

Living conditions in some of nine border camps which already house 140,000
long-term Myanmar refugees are said to be dire, with no electricity and a
lack of adequate water and shelter.

"We are concerned that one camp in particular is already seriously
overcrowded and has serious sanitation problems," Young said. "Adding
hundreds more people to that kind of environment is going to be very
problematic."

Thailand has a history of accepting people displaced by war or oppressive
governments in neighbouring countries, but rights groups fear that under
Thaksin Shinawatra, a billionaire telecoms tycoon who came to power in
2001, this tradition is under threat.

Foreign Minister Kantathi Suphamongkhon refused to comment.

While Europe and the United States slapped sanctions on Myanmar after Suu
Kyi's 2003 arrest, Thailand and southeast Asia's club of nations have
favoured "constructive engagement" with Yangon's generals to try and tease
out democratic reform.

So far, neither strategy has yielded any concrete results and Suu Kyi is
still isolated under house arrest.

______________________________________
DRUGS

March 27, Bangkok Post
Temperature rising in Shan State

As for the second blow, Thai agents with arrest warrants issued by the Mae
Hong Son provincial court on suspicion of drug violations searched the
house of 60-year-old former Wa prince and WNA commander, Ta Maha Sang, in
Chiang Mai on February 1.

Ta Maha Sang was not there, but his half-brother, Boonjerd Chuenjit,
a.k.a. Khun Kaw, was arrested by another team at his Chiang Mai townhouse
the same day, for allegedly distributing drugs for Ta Ma Maha Sang and his
other half-brother, Maha Ja, and laundering drug money for them.

A source claimed that Ta Maha Sang knew that something might happen to him
and managed to join his 100-member strong army in Burma, opposite Mae Aw
village of Mae Hong Son province.

``Ta Maha Sang always helps the Thai and the US officials to fight drugs,
so why do they want to arrest him? It must be politically motivated,''
claimed one relative, adding, ``He suffers from a serious health problem
and cannot survive even one night if he is detained without an oxygen
supply.''

A day after the raid, Ta Maha Sang issued a statement rejecting all
allegations that he had been a business associate of drug lord Wei
Hseuh-kang and Maha Ja. ``The WNA has ceaselessly fought for the
liberation of the Wa people from oppression, the right for
self-determination and a genuine federal union. This political stand is
entirely different from Maha Ja and Wei Hseuh-kang,'' the statement said.

In an unprecedented move, the National Democratic Front, a coalition of
nine ethnic armed groups fighting against Rangoon, of which the WNA is a
member, issued a statement on March 3 to guarantee Maha Sang's innocence.

Situation will get worse

The third blow came on March 5, when SSA-S captain Htun Wiwatrung-aroon
was arrested in sting operation in Chiang Mai in connection with a
shipment of heroin bars seized earlier from a Mr. Tima at Pang Mapha
district of Mae Hong Song province. Tima was driving a vehicle with the
incriminating goods, attempted to shoot his way out and was killed. A
source within the SSA-S confirmed that Tima was a driver for the group's
leader, Colonel Yawd Serk.

A close aide to Yawd Serk, Mr. Htun, also known as Sai Htun or Mr. Holo,
appeared at press conference in Bangkok on March 8, sitting in front of
172 bars of heroin weighing 60 kg.

Everyone who knows him was shocked and doubted if he could organise such a
large deal alone.

``He received only a small salary from the SSA-S and was always short of
cash. How could he pull off such a big job? He is smart and always careful
and dedicated to his boss, who often gave him many important
assignments,'' said one of his colleagues.

``One such assignment was a mission to China in 2004 to establish `a
relationship and cooperation' with the government. The mission failed and
he returned to his base empty handed. The Chinese weren't `impressed' with
the SSA-S requests and told him politely to forget it,'' his colleague
disclosed further.

The Restoration Council of the Shan State, a political wing of the SSA-S,
issued a vaguely worded statement on March 8 which stated: ``Among the SSA
rank and files there were deserters, many of them had left with their
identity cards.''

Even Yawd Serk's friends thought this effort to establish his innocence
was ``unconvincing'' and urged him to come forward and tell the truth
about Htun's role in the SSA-S.

Htun arranged a face-to face interview between Yawd Serk and the author,
published by the New Era Journal last November, in which he openly
criticized the US Drug Enforcement Administration. Said Yawd Serk at that
time: ``They have been involved in drug suppression for 50 years and what
is the result? They have the resources and authority to suppress but drugs
are still increasing. And this is a great concern to us.''

The SPDC and state-controlled media naturally took advantage of Htun's
arrest to blast his group, by accusing him of producing and trafficking in
drugs under a cover of Shan State liberation group.

The last and the most serious event was a firefight that suddenly erupted
between the UWSA's 171th Brigade and the SSA-S in Burma, opposite Pang
Mapha district of Mae Hong Son on March 13, which shattered a 3-year-old
truce between them. The fighting spread to other places in following days.

The 171th Brigade is under command of Wei Hseuh-kang, who was sentenced to
death in absentia for drug trafficking in Thailand in 1993. He is also one
of the eight indicted by the US grand jury.

A source close to the Wa leadership reported that Wei had approached the
SPDC in February and offered to ``surrender'' with some 200 of his troops
in an exchange for protection. He was offer refused unless he agreed to
give up all his troops, numbering around 800. Also, he was told he should
do something useful for the deal, that is to fight and eliminate the SSA-S
drug traffickers.

The UWSA's central command has opposed the fighting because it doesn't
want the Was and Shans to kill each other.

Some rumors from the SPDC side claimed that Yawd Serk, in order to repair
his tattered reputation, decided to do something bold and attacked Wei's
army.

``The situation will get worse and people will die,'' predicted a foreign
NGO based in northern Thailand. ``Betrayal, double-agents, informers,
reward money, corruption, politics and guns are the mixture that creates
problems, and everything is right here,'' he added.

Said a Shan analyst: ``All armed groups in Shan State, no matter what they
say, are more or less involved in the drug business. Otherwise, they
couldn't survive.

``It is easy for anyone with a gun in Shan State to make money from drugs.
I feel sorry for the millions of people who live in my state because a few
rogue soldiers give a bad name and image to them.''

_____________________________________
ASEAN

March 29, Associated Press
Southeast Asian lawmakers to call for censure of Burma - Teresa Cerojano

Manila: Southeast Asian lawmakers will meet next week to discuss how to
pressure military-ruled Burma into speeding up democratic reforms and may
urge the region’s main economic bloc to deny the country its chairmanship
next year, Philippine officials said Tuesday.

Senate President Franklin Drilon said Burma isn’t on the official agenda
for the April 3-9 Inter-Parliamentary Union, but host Manila will propose
the issue be added as an emergency item.

“We have not seen any progress in the effort to craft a constitution in
Myanmar (Burma), we have not seen any effort to address the human rights
issues,” he said.

Drilon’s comments come amid growing frustration at Burma’s military
government. Although members of the Association of Southeast Asian
Nations, or Asean, have been reluctant to criticize Burma for its poor
human rights record and continued detention of pro-democracy leader Aung
San Suu Kyi, some countries worry that Burma tarnishes the group’s
reputation.

Drilon told reporters that lawmakers from eight of the 10 Asean members
will gather Saturday to discuss how to “compel Burma to have a definite
timetable” for democratic reforms and resolutions to “put pressure on
Burma.”

Also, a resolution is pending before the Philippine Senate to block
Burma’s chairmanship of Asean in 2006 unless Rangoon improves its human
rights record and sets a timetable for democratic reforms.

Malaysian lawmakers said last week they also plan a similar motion in
their parliament unless Suu Kyi is released.

“We will be informing Asean parliamentarians of this resolution, and maybe
together with Malaysia, we can take a common stand among Asean,” Drilon
said.

Asean should send a signal to Burma that it is “prepared to take some
drastic action,” he said.

Meanwhile, Malaysia’s government distanced itself Wednesday from an
attempt by lawmakers to block Burma from chairing the Asean, saying it
will stick to its policy of constructive engagement with the
military-ruled country.

“There is no shift in the government’s position at the moment,” Abdullah
said. “Anything that we (Asean) have to decide on Myanmar (Burma) will be
on the basis of a consensus decision.”

Abdullah indicated, however, that he would not interfere with the actions
of the lawmakers, who are being led by members of the Malaysian leader’s
ruling coalition.

“They have their own feelings,” Abdullah told reporters. “I do give them
that leeway to make their views known. But at the same time, we also
expect them to understand the policies that the government is pursuing at
this moment.”

Burma has been ruled by the military since 1962. The current junta called
elections in 1990, but refused to hand power when Suu Kyi’s party won a
landslide victory. Suu Kyi, a Nobel peace laureate, has been under arrest
since May 2003.

_____________________________________

March 29, Agence France Presse
Manila to lead pressure against Myanmar's ASEAN chairmanship at IPU meet

Manila: The Philippines will lead pressure to strip Myanmar of the ASEAN
chairmanship in 2006 during an international inter-parliamentary meeting,
the country's top legislator said Tuesday.

Legislators from the 10-member Association of Southeast Asian Nations will
meet in Manila on the sidelines of the Inter-Parliamentary Union (IPU)
meeting on April 3 to call for reforms in Myanmar, said Senate president
Franklin Drilon.

Some 1,500 legislators from Asia, Europe and America will attend the
six-day IPU meeting, which would serve as a forum for issues relating to
world peace and democracy.

"The ASEAN parliamentarians will meet in order to come up with a strategy
as to how the different governments in ASEAN will address the issue of
Myanmar and compel Myanmar to have a definite timetable on the road map to
democracy," Drilon told reporters.

Drilon said Filipino legislators will propose an ASEAN-wide stand similar
to a resolution now pending in the Philippine Senate, calling for Myanmar
to be barred from assuming the ASEAN chairmanship in 2006.

One of the objectives in making political noise in the IPU meeting is to
"isolate Myanmar," Drilon said.

ASEAN groups Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the
Philippines, Singapore, Thailand and Vietnam. It rotates its chair
alphabetically and Myanmar is due to take over from Malaysia in 2006.

This means that Yangon wold host the ASEAN summit in late 2006 and the
foreign ministers' meeting in mid-2007, including a regional security
forum involving dialogue partners the United States, China, Russia and the
EU.

Military-ruled Myanmar was admitted to ASEAN in 1997 but has continued to
ignore calls to free democracy leader Aung San Suu Kyi.

ASEAN foreign ministers are to hold an informal meeting in the central
Philippine city of Cebu in mid-April and the Myanmar issue is expected to
be in the spotlight, officials said.

However the Thai and Cambodian governments have said they will not support
any move to bar Myanmar from the ASEAN chairmanship.

_____________________________________
REGIONAL

March 29, Nation via Thai Press Reports
New US ambassador to Thailand positive over FTA prospects

US Ambassador Ralph Boyce expressed confidence yesterday that the overall
interests of neither Thailand nor America would be compromised in their
efforts to conclude a successful free-trade pact, The Nation reports.

"It is a comprehensive FTA ... complex and ambitious ... We have to make
sure that Thailand's interests overall are achieved; otherwise, it
wouldn't work, US interests (have to be achieved) as well," said Boyce in
his first formal press interview with editors of major Thai newspapers.

Boyce said an FTA was a priority Thai-US issue. He also mentioned his
concern over the situation in the three southernmost provinces and
Thailand's policy towards Burma, an issue that Asean has also taken up, in
view of that country taking over the chairmanship of the regional group
next year.

Boyce has worked in Thailand twice before. He speaks fluent Thai and is
well known among Thai political, academic and business circles. His
previous posting was as US ambassador to Indonesia.

He described US-Thai relations as 'very mature', robust, partnership-like
and cutting across a host of sectors, from military to disease and vaccine
research, anti-drug - especially now anti-amphetamine - activities and the
environment.

Boyce said the recent US annual report on the human-rights situation in
Thailand was no more 'negative' than reports on other countries from
previous times, although information on the Krue Se and Tak Bai incidents
did stand out.

The US ambassador sees China's increased diplomatic activity in Southeast
Asia as a natural evolution. "China's diplomacy is subtle and
professional, but I don't see that it comes at our expense. But if ...
they send an 'A' team, we must also send an 'A' team, as well." Boyce
acknowledged Thailand's leadership in the region, as demonstrated by its
role in international assistance for tsunami-hit countries. U-Tapao Air
Base was picked as a hub for relief efforts for Aceh and other areas.

Bangkok has also become a regional centre for activities in support of
Asian US embassies and related international operations.

Meanwhile, Michael Delaney, counselor for economic affairs, said the third
round of talks on the Thai-US FTA would be held on April 4 in Pattaya. He
added that dismantling barriers to trade and investment on both sides
topped the agenda.

______________________________________
INTERNATIONAL

March 29, Associated Press
U.N. expert: New regime preventing democratization in Myanmar - Bradley S.
Klapper

Geneva: Myanmar's new regime is stifling any hope of democratic transition
by arresting and jailing political and ethnic opposition leaders, the U.N.
human rights investigator to the Southeast Asian country said Tuesday.

Speaking before the U.N. Human Rights Commission, Paulo Sergio Pinheiro
said there would be no democratic progress until all political dissidents
were released. There are some 1,300 such prisoners, he said.

"Without these basic requirements, it would be extremely difficult or even
impossible to launch a process of genuine transition to democratization,"
he said. "Democratization cannot emerge from a unilaterally controlled,
restrictive environment."

Myanmar defended its crackdown on political dissent, telling the
commission that some members of the National League for Democracy, or NLD,
the main opposition to the military junta, were guilty of inciting public
disorder.

"Action had to be taken against some members of the NLD, as it was one of
their activities which posed a threat to the peace and stability of the
state, national unity and solidarity," Ambassador Nyunt Maung Shein told
the commission.

In October, Myanmar's Prime Minister Gen. Khin Nyunt was forced out of his
post in a move seen as a maneuver of hardline generals opposed to
political reform.

A year earlier, Nyunt announced plans for a "road map to democracy" that
eventually would lead to free elections.

While the junta since then has pledged commitment to the road map process,
Pinheiro said he was disappointed by the current administration, which
"did not appear to signal any new policy direction" aimed at democratic
reform.

Barred from entering the country since November 2003, Pinheiro based his
findings on meetings with campaigners, human-rights investigators and
other governments.

He said that recent cases of arrest, trial and imprisonment for peaceful
political activity - including some politicians from Myanmar's ethnic Shan
community - indicated the new government was bent on continuing the
repressive measures of its predecessor.

"I am therefore very distressed the recent leadership changes in Myanmar
do not seem to have led to greater tolerance for the peaceful expression
of views and advocacy for democracy and human rights," Pinheiro said.

He also criticized the junta for allowing the military to confiscate land,
destroy civilian homes, engage in sexual violence and use of forced labor.

Such violations were especially severe in areas populated by ethnic
minorities, Pinheiro said, singling out the northwestern area of the state
of Rakhine, where many Bengali-speaking Muslims live.

"During the reporting period, mosques continued to be demolished, the
freedom of movement of the (Bengali-speaking Muslims) remained excessively
restricted, and the vast majority of that minority remained de facto
stateless," he said.

Shein rejected the allegations, saying his government was making every
effort to maximize inclusiveness in its "seven-stage road map to
democracy."

He rejected the allegation that mosques were demolished, calling it
unfounded.

______________________________________

March 29, Irrawaddy
EU urged to ease pressure on Burma - Aung Lwin Oo

A report urging the EU to ease pressure on the military regime in Burma
has led to concern among Burmese pro-democracy campaigners. The report,
titled “Supporting Burma/Myanmar’s National Reconciliation Process:
Challenges and Opportunities,” deems the EU’s current approach towards the
military-ruled country a failure, claiming that EU policy dating back to
1988 has been “based on misleading models from South Africa and Eastern
Europe.”

In reviewing the effect of sanctions against Burma, the report says that
to think “the regime is brittle, or even close to collapsing under intense
popular pressure for democracy, is wishful thinking.” It goes on to point
out that “the military controls almost every lever of power in the country
and is therefore virtually unbeatable.”

The report proposes that the EU establishes a new approach towards Rangoon
including acknowledgement of the official name, Myanmar, the resumption of
high level EU visits to the regime’s top brass, the revision of sanctions
and assistance in development aid.

Thaung Htun, UN representative of the Washington-based government in
exile, the National Coalition Government of the Union of Burma, dismissed
the report. “When the regime took control 16 years ago there were no
sanctions,” he told The Irrawaddy on Tuesday. “Yet, they still failed to
take the country forward.”

The report, drawn up by academic Robert Taylor and Morten Pedersen, an
analyst from the International Crisis Group, is to be tabled at the
“Burma/Myanmar Day 2005” conference, scheduled for April 5 in Brussels.
Both are described as having carried out many years of research on Burma.

Democracy activists are unhappy, as participants have reportedly only been
chosen from pro-engagement groups and the meeting excludes political
agendas. One Europe-based activist accused the EU of already being happy
to engage with the military regime but desperate for justification from a
third party.

Thaung Htun called for tighter measures from the EU, saying that the
current soft sanctions were proving ineffective. EU sanctions against
Burma currently include a visa ban and the freezing of assets of the
regime’s top-ranking officials, an arms embargo and trade restrictions.

On April 21, the European Council of Foreign Ministers will come together
for its semi-annual meeting and will discuss the EU’s position on Burma.

The EU signalled a shift in tactics on Burma in early March. During a
ministerial meeting of ministers of the EU and the Association of
Southeast Asian Nations in Jakarta, EU External Relations Commissioner
Benita Ferrero-Waldner said there was “a certain shift” in relations with
Burma, “because we have not talked to them for a long while.”

______________________________________

March 29, Voice of America
ILO warns of sanctions over Burma's forced labor practices

The International Labor Organization has warned the Burmese military junta
to end forced labor or risk triggering sanctions from ILO member states.
The group's governing body has told the Burmese government it has to act
soon.

The International Labor Organization has given Burma, also known as
Myanmar, a last chance to take concrete action to end forced labor.
Francis Maupin is the special adviser to the ILO director-general. Mr.
Maupin says the ILO member states have run out of patience with Burma.

"The general view of the governing body is that the wait-and-see attitude
which had been adopted by most members since 2001 because there was
progress, because there had been a step-by-step progress until now. This
wait-and-see attitude is no longer justified. Why? Obviously, because the
last developments, including the visit of the high-level team, seems to
indicate that progress is no longer possible," he said.

A high-level ILO delegation cut short a mission to Burma last month after
being refused permission to meet with a senior official to discuss forced
labor. In its resolution, the governing body condemns the refusal and says
it casts grave doubt on the usefulness of the ILO approach.

In 2000, the ILO took the unprecedented step of calling on its members to
impose sanctions against Burma because of the government's failure to end
forced labor. In 2001, the vast majority of countries withdrew their
sanctions because they believed Burma was taking some concrete steps to
improve the situation.

But Mr. Maupin says Burma has failed to make much progress and has
repeatedly backtracked on its promises to do better. He says the
resolution gives the members wide-scope for action.

"It leaves open to all the members the possibility to do what they feel
appropriate. That is again a fact that the United States did not wait for
the ILO to take any special measure to ask them to do this or that," said
Mr. Maupin. "They did it all by themselves." Mr. Maupin is referring to
the so-called Burmese Freedom and Democracy Act passed by the U.S.
Congress in 2003. That act includes a ban on all imports from Burma.

He says the governing body has given Burma's military rulers until early
June, when the ILO holds its annual conference, to show that it is serious
about eradicating forced labor.

______________________________________
PRESS RELEASE

March 29, Human Rights Watch
Thailand: Burmese democracy activists targeted by Thai government

Imminent round-up will leave refugees incommunicado in closed camps

A Thai government plan requiring all Burmese refugees to move to camps
along the Burmese border by March 31 will undermine efforts to promote
human rights and democracy in Burma, Human Rights Watch said today. The
forced relocation of Burmese refugees to camps is a clear attempt to
improve relations with the military junta in Rangoon.

Human Rights Watch urged the United States, European Union, ASEAN, Japan,
the United Nations and others working for democracy in Burma to convince
the Thai government to reverse its decision.

According to the Thai authorities, those who fail to register at the
camps––including officially recognized refugees––will be arrested and
deported back to Burma, where many will face imprisonment and
mistreatment. Those who do not register will no longer receive protection
or assistance from the United Nations High Commissioner for Refugees
(UNHCR) in Thailand, and they will be barred from resettlement abroad.

Human Rights Watch said that the purpose of this new policy, which affects
some 3,000 Burmese refugees, is to destroy the small but vocal Burmese
pro-democracy movement based in Thailand. UNHCR has protested these plans
to no avail.

“Forcing urban refugees into rural border camps is an attempt to drive a
stake through the heart of the Burmese democracy movement in Thailand,”
said Brad Adams, Asia director for Human Rights Watch. “Unless the
international community intervenes, the reward for democracy activists who
have spent the past fifteen years fighting tyranny is to be sent to remote
border camps where they will be held incommunicado, or, if they resist
this encampment, they will face arrest and deportation to Burma.”

International law allows the restriction of a refugee's right to freedom
of movement and choice of residence only when required for a reason such
as national security, and then only for so long as the emergency or threat
persists. While the Thai government claims a national security and public
order justification for the move, it has presented no evidence that
recognized that refugees in Thailand have caused any such problems
requiring it to put all such persons into virtually closed camps.

Human Rights Watch said that the real purpose of requiring refugees to
move to rural camps is made clear by rules barring residents from using
mobile phones or the Internet while in the camps. This will make it
impossible for them to communicate their concerns about events in Burma to
the outside world. They will also be unable to convey information about
potential security problems in the camps, which are located near the often
volatile Burma border.

“The Thai government seems happy to have Burmese in the country to provide
the cheap labor that is one of the backbones of the Thai economy, but only
so long as they keep quiet,” said Adams. “It has tried and failed to
intimidate activists into silence. So now it is moving activists into what
are little more than open detention centers.”

After the 1990 crackdown by the Burmese military on democracy activists,
including the election-winning National League for Democracy (NLD) and its
leader, Daw Aung San Suu Kyi, many Burmese democracy activists fled to
Thailand for safety.

Previous Thai governments allowed Burmese activists to reside in Thailand
and carry out their pro-democracy and human rights activities. Cities such
as Bangkok, Chiang Mai, and Mae Sot, with their proximity to Burma and
their modern telecommunications infrastructure, became the center of
Burmese pro-democracy activities.

Though Thailand is not a party to the United Nations Refugee Convention,
it is nonetheless bound to respect the principle of customary
international law called non-refoulement, which prohibits the return of an
individual to a state where he or she is likely to face persecution.

Since Prime Minister Thaksin Shinawatra took office in 2001, the Thai
government has put the improvement of business and political relations
with Burma’s State Peace and Development Council (SPDC) at the top of its
agenda at the expense of individual rights. Thailand now regularly expels
as many as 10,000 Burmese migrants a month in “informal deportations” to
Burma. While many are able to bribe their way back into Thailand, others
have faced persecution or other ill-treatment by Burmese government
soldiers and intelligence officials, and by some of the ethnic-based armed
groups operating along the border. Under an agreement between Thailand and
Burma, Thailand also deports some 400 “illegal”(that is, undocumented)
Burmese migrants each month from the Immigration Detention Center in
Bangkok to Burma—directly to a holding center operated by Burmese military
intelligence.

In May last year, the Thai authorities arrested and detained thirty-four
pro-democracy activists, including a three-year-old child, for staging a
peaceful protest in front of the Burmese embassy in Bangkok to mark the
fourteenth anniversary of the 1990 Burmese election won by the NLD. The
Thai government only backed down from its plan to deport the group to
Burma after intense pressure and lobbying from the human rights and
international community. In 2003, Thaksin was clearly displeased when
Burmese protestors—including some recognized refugees—demonstrated in
front of the Burmese embassy in Bangkok after the May 30 attack on Aung
San Suu Kyi. Thai police arrested and detained twenty-six Burmese
demonstrators—including two children—after two separate rallies.

Human Rights Watch called on those in the international community
supporting democracy in Burma to publicly and privately oppose the Thai
government’s plans, since the Thai government has sometimes been
responsive to such international pressure in favor of human rights and
refugee protection in the past.

“The Thai government has responded in the past to international pressure
on Burma,” said Adams. “Governments and international organizations need
to ask Thaksin whether he is on the side of activists for human rights and
democracy or the generals in Rangoon.”

A February 2004 Human Rights Watch report, “Out of Sight, Out of Mind:
Thai Policy toward Burmese Refugees and Migrants,” documented how the Thai
government has embarked on systematic policy of repression of refugees,
asylum seekers and migrant workers from Burma. The past four years have
seen increasing crackdowns on the pro-democracy movement in Thailand,
including pressure on the UNHCR to cease refugee status determination of
Burmese asylum seekers conducted under its mandate, and instructing
government agencies to closely monitor, and if necessary, halt the
activities of pro-democracy groups.

The Burmese refugees were given extremely short notice to report to the
camps. The Thai National Security Council informed UNHCR about the March
31 deadline on March 9. UNHCR subsequently issued a flyer about the
pending relocation on March 11 (See Annex below). UNHCR and relief
organizations have expressed concerns about the difficulties of reaching
all urban Burmese refugees in Thailand – a group that lives under constant
threat of arrest and deportation and thus frequently moves from place to
place – by the March 31 deadline.