Backgrounders

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V. Attempts to Silence Activist Refugees

The political space for activists from Burma to organize or express themselves in Thailand has tightened considerably over the last year and a half. Incremental restrictions on movement under new visa policies and strict enforcement of existing policies, along with decreased tolerance towards pro-democracy activists, has curtailed Burmese advocacy work in Thailand.72 Burmese human rights defenders are increasingly worried not only about their personal security, but also about the longevity and security of their organizations and projects.

During a visit to Thailand in May 2003, Hina Jilani, the U.N. Special Representative on Human Rights Defenders, said that human rights defenders face a “climate of fear” in Thailand. “This climate of fear is created by statements publicly made at the highest level of government attacking the credibility of NGOs . . . [and] the use of state security apparatus to intimidate—and the judicial process to harass—human rights defenders, through false or unjust prosecution,” she said. “Many of the Burmese human rights defenders feel very insecure with regard to their freedom of movement inside Thailand.”73

Refugees are entitled to fundamental human rights set forth in international law. As a party to the International Covenant on Civil and Political Rights, Thailand has an obligation to respect the right to freedom of movement, expression, and assembly of all refugees, whether they are living in camps or urban centers.74

Despite Jilani’s intervention, many Burmese pro-democracy organizations and opposition groups have been forced out from towns along the Thai-Burma border, usually under threat of arrest. In early 2003,Thai police and military closed down the offices of ten Burmese activist organizations in Kanchanaburi.75 At the end of July 2003, the provincial governor of Mae Sariang district of Mae Hong Son issued an order to arrest all anti-SPDC activists there. Burmese pro-democracy organizations in places such as Sangkhlaburi, Mae Sariang, and Mae Hong Song had already been closed down earlier, at the end of 2002.76 The closure of advocacy organizations in the border towns has made it increasingly difficult for activists to collect information about events occurring inside Burma.

While the focus on crackdowns and harassment has been on dissident groups, humanitarian organizations have not been immune either. “Special Branch” (Santiban) police officers have raided the offices of refugee relief organizations in Bangkok on numerous occasions over the years, questioning employees and removing or photocopying confidential files about personnel as well as clients. In September 2003 immigration officials visited the Mae Tao Clinic in Mae Sot, the main medical clinic for Burmese migrants and refugees on the border, to question the legal standing of Burmese staff working there.

In Bangkok, the security climate for Burmese activists as well as Burmese residents in general worsened during the second half of 2003, after the arrests of refugee protesters at the Burmese Embassy in June and September. In July 2003 several refugee agencies temporarily closed their Bangkok offices so that refugees seeking services would not be at risk of arrest at their offices. Some only closed for a couple of days but one agency closed for two weeks and suspended home visits to refugees. In August two Special Branch police officers visited the offices of another major provider of services to Burmese refugees to inform staff that when refugees “violate Thai laws” they can be deported, even if they have protection letters from UNHCR.

Tensions increased as the government undertook massive security measures for the APEC meeting in Bangkok in October 2003. At the end of August, Thai security officials announced that thousands of refugees and political exiles would be rounded up and confined in different detention centers during the APEC meeting.77 In September, police officers visited at least one refugee service agency in Bangkok to query staff about whether they planned to participate in any protest events or activities during APEC. In October, fearing police sweeps of Burmese activists and migrants and raids of NGO offices, many Burmese in Bangkok kept off the streets and some NGOs again suspended services for refugees.




72 “Thai Government Struggles with Myanmar Policy after Suu Kyi Detention,” Agence-France Presse, July 9, 2003.

73 Amy Kazmin, “Rebuke for Bangkok over Human Rights,” Financial Times, May 27, 2003.

74 Refugees are not exempt from protections afforded by international human rights law, as provided for by the Universal Declaration of Human Rights and articles 12, 19, and 21 of the International Covenant on Civil and Political Rights, to which Thailand is a state party.

75 Achara Ashayagachat, “NGOs urge humane handling of exiles,” Bangkok Post, January 24, 2003. “Seven Myanmar nationals arrested in Thai crackdown on illegal immigrants,” Agence-France Presse, January 20, 2003. “Police monitoring Burmese dissident groups active in Thailand,” The Nation (Bangkok, Thailand), July 4, 2003. Naw Seng, “For Burmese exiles in Thailand, home is both near and far,” Inter Press Service, July 29, 2003.

76 “Police monitoring Burmese dissident groups active in Thailand,” The Nation (Bangkok, Thailand), July 4, 2003.

77 “Thailand to Confine Refugees to Camps during APEC,” Agence-France Presse, August 27, 2003.


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February 2004