DHAKA: The United Nations human rights chief urged Thailand, Malaysia and Indonesia not to worsen the human-trafficking crisis involving Bangladeshis and ethnic Rohingya from Myanmar.

Zeid Ra'ad Al Husein, said Friday he was "appalled" that three South-east Asian countries were pushing back starving migrants, of whom some 6,000 were stranded at sea.

The UN says more than 25,000 people have made the journey south from the Bay of Bengal between January and March this year. Over the past week, nearly 2,500 have drifted onto the shores of Malaysia and Indonesia in flimsy vessels after Thailand launched a crackdown on people-smugglers.

Zeid praised Indonesia for letting 582 migrants land last Sunday and Malaysia for allowing 1,018 to disembark the following day but said other stricken boats had been turned away since.

“Governments in South-East Asia need to respond to this crisis from the premise that migrants, regardless of their legal status, how they arrive at borders, or where they come from, are people with rights that must be upheld,” he said. “Criminalizing such vulnerable people, including children, and placing them in detention is not the solution.”

Around 6,000 Rohingya and Bangladeshi migrants are believed to remain stranded at sea in precarious conditions in the region and the High Commissioner said the individual circumstances of all migrants and asylum seekers at international borders should be assessed, and appropriate protection provided according to international human rights and refugee law, including ensuring that the principle of non-refoulement is upheld.

He called for further action against traffickers and abusive smugglers and welcomed the announcement that Thailand would host a regional meeting on irregular migration in the Indian Ocean on 29 May. In discussions on comprehensive responses, the regional meeting would seek to address root causes, one of which, he said, was the importance of addressing the serious human rights situation in Rakhine state, in Myanmar.

“Until the Myanmar Government addresses the institutional discrimination against the Rohingya population, including equal access to citizenship, this precarious migration will continue,” he said. “Whether fleeing persecution, discrimination, poverty or other human rights violations, or moving in search of decent work and a life with dignity, all migrants who take to the seas in such perilous circumstances are in need of protection.”

A coherent, human rights-based regional response was urgently needed and the Association of Southeast Asian Nations (ASEAN) could play a leadership role in that regard.

“I urge the participating governments to ensure that their responses are based on international human rights and refugee law,” Zeid said. “This is a complex and multi-dimensional issue requiring a holistic response, which will include stepped-up search and rescue efforts, the timely and safe disembarkation of migrants in distress, and access to appropriate human rights protection safeguards. Dangerous interception practices, including pushing back boats that are trying to land, must be scrupulously avoided.”

A statement released by the UN Children’s Fund (UNICEF) pointed out the obligations held by Southeast Asian countries under the Convention on the Rights of the Child, which all those States had ratified.

“Any action that may impact on children must be guided by the best interests of those children, no matter who they are and where they come from,” the statement said. “The [Convention] requires governments to ensure all children are cared for in a safe place, with access to education, health, social and legal services, irrespective of their refugee or migrant status.”

Article 22 of that Convention demands that Governments ensure protection and humanitarian assistance for children seeking refugee status and UNICEF’s statement stressed the increased vulnerabilities faced by child migrants.

“Children should not be criminalised or subject to punitive measures solely because of their migration status, nor should they be detained for purposes of migration control,” said the statement. “All actions in regard to child migrants must be guided by the best interests of every one of these children, every step of the way.”

Last year, the number of people leaving Myanmar and Bangladesh by boat is estimated to have climbed to around 53,000. Some 920 migrants are known to have perished in the Bay of Bengal between September 2014 and March this year. They have been predominantly Rohingya fleeing persecution from Rakhine State in Myanmar, with increasing numbers of impoverished Bangladeshi migrants taking to the seas over the last year.

BDST: 1123 HRS, MAY 16, 2015
RS/SMS