Govt justifies Rohingya repatriation even as UN rapporteur criticises move

Smita Sharma
Tribune News Service
New Delhi, October 4

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India on Thursday argued that due process was followed in repatriation of seven Rohingya men who were lodged in a jail in Assam and that they were willing to return themselves. 

The Myanmarese nationals from Kyauk Daw township in central Rakhine state, were detained when trying to enter India illegally in 2012 for violation of the Foreigners Act. The Chief Judicial Magistrate of Cachar at Silchar had then awarded a three-month sentence and ordered their detention pending repatriation. 

"In accordance with established procedures and previous precedent, and with the assistance of the Ministry of External Affairs, the Embassy of the Union of Myanmar was able to establish the identity of these individuals as residents of that country. The Government of Myanmar issued Certificates of Identity to facilitate the travel of these individuals to their hometowns in Rakhine State," said MEA spokesperson Raveesh Kumar. 

The Foreign Ministry in its response also said these individuals had requested the Myanmarese Embassy in 2016 to issue them relevant travel documents to be able to return to their own country. "Upon reconfirming their willingness to be repatriated (on October 3, 2018), and with the full concurrence of the Government of Myanmar, in accordance with established procedures and laws, the Government of Assam has arranged for the repatriation of these seven individuals to Myanmar," added Kumar. 

However, India's move has come under criticism by a top UN Human rights expert."Given the ethnic identity of the men, this is a flagrant denial of their right to protection and could  amount to refoulement," said Tendayi Achiume, the UN Special Rapporteur on racism.

"The Indian government has an international legal obligation to fully acknowledge the institutionalised discrimination, persecution, hate and gross human rights violations these people have faced in their country of origin and provide them the necessary protection," she added. 

The deportation also comes just two days after UN chief Antonio Guterres delivering a public lecture said India has an important role to play in the Rohingya crisis calling it a humanitarian catastrophe. Guterres hoped that India would support Bangladesh which is hosting millions of Rohingya refugees and would pressure Myanmar for the safe and early repatriation of its discriminated citizens. However India continues to maintain that nearly 200 Rohingya men to be deported are 'illegal immigrants' and not ' asylum seekers or refugees'. 

Earlier addressing the General Debate of the 69th Annual Session of the Executive Committee of the United Nations High Commissioner for Refugees programme in Geneva, First Secretary in the Indian Mission Sadre Alam said, "A number of States, not parties to the international refugee instruments, have shown a generous approach to hosting refugees. India is one of them with a continuing long tradition of playing host to a large number of refugees despite developmental and security related challenges. We continue to host them, entirely, using our own resources." 

'UNHCR for overreach on NRC beyond mandate'

India hit out at UNHCR for its monitoring of the NRC process as a case of "overreach clearly beyond the mandate". In her remarks to the Geneva session, Alam said the UNHCR 'perception of 'initial exclusion' of individuals from the draft National Register of Citizens premature, ill-informed and tendentious'. "We are a responsible State with a functional democracy and rule of law. The Government of India has provided for a due process for the examination of claims and objections, if any, to the register and other remedies, a fact well known and adequately clarified at the highest levels," said the Indian diplomat.