V. CONCLUSION: ROLE OF THE INTERNATIONAL COMMUNITY

This report has documented systematic violations of internationally recognized human rights committed by both the Burmese and Thai governments against villagers from Burma's Karen, Mon and Shan States and Tenasserim Division. The international community has repeatedly condemned human rights violations against ethnic minorities in Burma in annual U.N. resolutions since 1991. The most recent resolution which, passed by consensus at the U.N. Commission on Human Rights in April 1997, included a paragraph expressing "deep concern...at the forced relocations and other violations of the rights of persons belonging to minorities, resulting in a flow of refugees to neighboring countries, and at the recent attacks on members of the Karen ethnic group, resulting in death, destruction and displacement." It called upon the government of Burma"and all other parties to the hostilities in Myanmar to respect fully its obligations under international humanitarian law, including Article 3 common to the Geneva Conventions..." and "to create the necessary conditions to remove the causes of displacement and of refugee flows to neighboring countries and to create conditions conducive to their voluntary return and their full reintegration in safety and dignity, in close cooperation with the Office of the U.N. High Commissioner for Refugees."

Some Western governments responded immediately to the instances of refoulement which occurred at the end of February 1997, from Bong Ti, Pu Nam Rawn and Htaw Ma Pyo Hta.

Representatives from the U.S. Embassy in Bangkok visited the sites of some of the repatriations and sent a statement to General Chetta on February 27, 1997, stating, "On behalf of the U.S. government, I urge you to halt the repatriation during the Karen hostility in Burma." In Washington D.C., U.S. State Department spokesman Nicholas Burns called on the Thai authorities to "cease the forcible return of Karen refugees immediately and torecommence provision of asylum until conditions inside Burma permit their safe and voluntary return."37 The European Commission also issued a statement: "The Commission regrets that by denying refugees access to their territory, the Thai authorities are putting people's lives in danger."38 A large number of international and national NGOs also expressed their concern about the repatriations.39

The UNHCR's role was also crucial. The UNHCR Bangkok issued a press release on February 28, 1997 stating that it was seeking clarification from the Royal Thai government about disturbing reports of refoulement and that "UNHCR is very much distressed by this information and continues to be concerned for the lives of those who were returned." On the same day, at a press briefing in Geneva, a spokesman for the UNHCR expressed UNHCR's alarm about the situation of the Karen refugees at the Thai/Burmese border.

Clearly, the Royal Thai government was sensitive to these diplomatic protests and expressions of public concern. Both General Chetta and Prime Minister Gen. Chavalit Yongchaiyudh responded to these accusations of refoulement by stating that no one had been forced back to Burma and that all those who returned did so voluntarily.40 General Chetta subsequently claimed that the United States had apologized for presenting "misleading reports" about the repatriations,41 but a spokesman for the U.S. Embassy stated it stood by the statements previously made.42 General Chetta stated that all unarmed Karen refugees crossing into Thailand at its northwestern border with Burma would be accepted43 but that the UNHCR would not be allowed to provide assistance to them. However, he also said he did not consider these people to be refugees but people who "escaped the dangers of war."44 Sustained pressure and concern is urgently needed to press the Thai authorities to fully comply with their international obligations.

37 Robert Horn, "Thais send hundreds more refugees back in path of Burmese Army," AP, February 28, 1997. 38 "Government Slammed on Refugees," Bangkok Post, March 8, 1997. 39 See Amnesty International Urgent Action, (London: Amnesty International, AI Index ASA 03/02/97, February 26, 1997); letter of February 26, 1997 signed by twelve NGOs including Human Rights Watch/Asia; conclusions and recommendations of a fact-finding mission sent to Pu Nam Rawn and Pu Muang camps organized by the Coordinating Committee of Human Rights Organizations in Thailand and the Thai Action Group for Democracy in Burma, March 4, 1997. 40 "Army Halt Plan to Force Back Refugees," The Nation, March 1, 1997. 41 "Chetta Says States Apologized for Criticism," Thailand Times, March 2, 1997. 42 Yindee Lertchroenchok, "U.S. Stands Firm on Karen Issue," The Nation, March 4, 1997. 43 "Thai Army Says to Accept All Unarmed Karen Refugees," Reuters, March 5, 1997. 44 Wasana Nanuam, "Karens 'not refugees', Army Chief Insists," Bangkok Post, March 6, 1997.