Myanmar: India’s Escalating Security Response and Denial of Rights

Reality has an incurable habit of striking back at rhetoric. The Indian government’s support for the demand to release Aung San Suu Kyi in the UN, and a few statements in favour of democracy in Myanmar, might be effective in hiding the larger foreign policy issues for a while for a few; but it cannot make the foundational structural and political issues disappear in their entirety, or for long, or for the majority. The government, with scant concern for the democratic and peaceful movements of the Myanmar people, continues to compromise at the level of discourse and direct action.

See the actions of our government along the Indo-Myanmar border in Manipur and in other north-eastern states, to prevent the influx of individuals who are fleeing the ongoing crackdown in Myanmar. Take the cases of several other Myanmar nationals who are now at risk of being forcibly returned to Myanmar. After the crackdown on peaceful protests, along with searches, surveillance and harassment of individuals who took part in these protests, numerous Myanmar people have had to go in hiding. They are also fleeing to neighboring India and Thailand. The state-run New Light of Myanmar newspaper warned that ‘anyone who is detained for his violation of law must be charged and serve prison terms if he is found guilty.’

However, instead of allowing the individuals fleeing human rights violations in Myanmar access to its territory, and giving them full rights to refugee status determination procedures and to seek political asylum as well as access to the internationally accepted rights and practices, including access to the UN High Commissioner for Refugees (UNHCR), the Indian government decided to close the Indo-Myanmar border and intensified security checks to prevent their entry in our borders.

Those who could enter met with hostility and aggression. The cases of Habibulde, Haroon and Rashid, all Myanmar nationals from the city of Yangon, are some such examples. The three men were arrested by the troops of the 24 Assam Rifles, a paramilitary force, during a security check of vehicles on 2 October 2007 at Khudenthabi, near the border town of Moreh in Manipur. They were handed over to the custody of police from the state capital of Manipur, Imphal. The Imphal police charged them with illegal entry into the country and later transferred them to the Moreh police station. On 9 October, they were produced in court and were remanded to judicial custody. Like them, others may have been detained in the escalating Indian security response at the Indo-Myanmar border, and more individuals are likely to be detained, and at risk of being forcibly returned. The government plans are not to support the struggling population and save their lives, but to increase security arrangements, along the Indo-Myanmar border in Manipur and in other north-eastern states, to prevent their influx.

The Indian government’s dubious dealings with the struggling Myanmar people have had other manifestations as well in the recent past. We have 34 Rakhine (Arakan) and Kayin (Karen) Myanmar nationals, who have spent years, detained without charge in India and are now being tried in Kolkata (West Bengal). They are at risk of being denied their right to a fair trial and then forcibly returned to Myanmar. The 34 men are reportedly members of the National United Party of Arakan (NUPA) and the Karen National Union (KNU) and were detained in India in February 1998. Both organisations are involved in armed conflicts against the ruling military authorities in Myanmar. India’s Central Bureau of Investigation (CBI) is prosecuting the men on charges of illegal possession of weapons. The accused reportedly contend that they were arrested during a meeting with the Indian intelligence officials, who had allegedly promised them assistance, and that six others were detained at the time, reported to be their leaders, and were then handed over to Myanmar officials. The Indian defense ministry denies both these allegations.

Following a campaign by the local human rights organisations, the government of West Bengal withdrew an earlier decision that the trial be held in secret within prison premises. The trial is now being heard in a Kolkata High Court. However, the media and the public were reportedly barred, when the Indian intelligence officials presented their evidence, in accordance with a CBI petition. Whether convicted or not, the 34 persons could be forcibly deported to Myanmar, where they are likely to face torture and other ill-treatment, as well as arbitrary detention, unfair trials and forced labour. These concerns have been underlined by the recent violent suppression of protests by the military government in Myanmar. As a democratic country, supporting a democratic movement, should we not be under an absolute and unconditional obligation not to forcibly return any person to a militaristic, dictatorial regime, where they risk torture or other serious human rights violations? Should we not be refraining from forcibly returning them to Myanmar after the completion of their trial and jail terms, if any, as a mark of solidarity towards the democratic struggle in Myanmar?

We may also remind ourselves that according to the Amnesty International Report 2007, military operations against the Karen National Union in eastern Karen state and neighbouring districts increased tremendously during 2006. More than 16,000 people were displaced by the conflict. Destruction of houses and crops, enforced disappearances, forced labour, torture and extrajudicial killings of Karen civilians increased. Many villages faced food shortages after the authorities banned them from leaving their villages to farm or buy food. The widespread practice of forced labour was reported throughout the year in Karen.

Foreign policy is about political and social accomplishment, and not just economic achievement. The foreign policy of a democratic government has many dimensions. It relates to government, people, economic, social and cultural. All these aspects are interconnected and influence one another. Weakness in any area can very well damage the fairness and justice, respect and credibility of the government in domestic and international arenas. Therefore the need at present of the Indian government expressing its concrete solidarity to the suffering people of Myanmar is just as important to them, as it is to us. Democracy should not put a price tag on humanity. Fairness is definitely more important than some immediate financial gains.

One thought on “Myanmar: India’s Escalating Security Response and Denial of Rights”

  1. Hello Mukul, I have recently read your July 13, 2007 publication about Bangladesh and the interim caretaker government. I am working on a research project at a USA university, studying human rights abuses and ways to improve situations both domestically and around the world. The death and torture of Cholesh Richil and others in Bangladesh, without reprisal from the interim government, raises great concern for human rights advocates, and indicates rule of law is not being applied in Bangladesh with respect to torture of detainees. You sound very knowledgeable and educated. If I were to ask you how someone in the USA, or more importantly, how the US government can assist or encourage the Bangladeshi government to reinstate human rights, what would you suggest the best way would be for the US to do that? Thank you for your insights and feedback.

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