For immediate release on 10 July 2015
The forcible return of over 90 Uighur Muslims is a violation of international law On 9 July 2015, Maj-Gen Weerachon Sukhonthapatipark, deputy government’s spokesman, gave an official press conference after there was a violent protest and attack and damage of properties of the Thai consulate in Istanbul, Turkey, as a result of the fury over the forced deportation of over 90 Uighurs to China by Thailand. In addition, a number of international human rights organizations and officers of many foreign missions and the UN High Commissioner for Refugees (UNHCR) have been questioning the Thai authorities over the deportation of the Uighurs. Even though the Thai authorities insisted that the decision and the act of deportation had been committed based on humanitarian principle and international principle, but the international human rights organizations and UNHCR deem the deportation of the Uighurs a flagrant violation of international law, particularly against the principle of nonrefoulement which essentially aims to protect human rights. UNHCR further said that it was ‘shocked’ by the act of the Thai government and demanded the Thai government put an effort to investigate the matter. In addition, it has been clearly reported that the Uighur Muslims wanted to return to Turkey and Turkey offered to intake all of them. The Migrants Working Group and the undersigned organizations feel concerned about the situation. Previously, Thailand insisted that it had pursued a solution through which nationality verification would be carried out with representatives from both Turkey and China. But as it has been widely known, ethnic conflicts are still simmering in parts of China between the local ethnic groups and the Chinese government. As a result, a number of ethnic Muslims have to flee from violent and armed conflicts. The decision to forcibly return the Muslims to China without considering how they would be subject to fatal risks or other risks pertaining to their life and liberty is therefore a violation of the principle of non-refoulement which has achieved the status of customary international law and is binding for Thailand, even though Thailand has not ratified the Convention relating to the Status of Refugees. In addition, the forcible return of over 90 Uighurs to China could land them in a risk of being unfairly charged and unfair criminal trials without any monitoring from independent organizations. Given the situation, the Network and the undersigned organizations condemns the actions of the Thai government and demand the following from the Thai government and international human rights organizations.
1. The Thai government should review its actions in light of international customary law and international treaties to which Thailand is a state party and as a member of the United Nations in order to protect and defend safety and security in life of those who have fled from armed conflicts. Apart from upholding this humanitarian principle and international standards as claimed by Thailand, it would help to free Thailand from any hatred or anger unleashed particularly by those in Turkey who are sympathetic to the Uighur Muslims, as they fear the Uighur Muslims would be subject to execution, or torture or ill-treatment in China. 2. The Thai government should initiate an inquiry into this matter. And we urge that those responsible for the deportation make themselves accountable to what has happened. Also, measures should be meted out to deal with the situation of asylum seekers and war refugees based on international law. 3. Officers from the UN High Commissioner for Refugees (UNHCR), an independent and professional organization recognized by members of the United Nations, should be allowed to be part of the taskforce to monitor and verify the refugee status of the Uighur Muslims independently in order to develop proper measures to address their need according to their respective mandates. 4. We urge international human rights organizations, UN agencies and civil society organizations in China to keep their close watch on the plight of the Uighur Muslims and monitor any action by the Chinese government which could be deemed an infringement on the human rights of the Uighur Muslims who had already been returned there. 5. We urge the Chinese government to allow representatives from the United Nations to be part of an effort to nurture peace building process in the conflict areas to ensure peaceful coexistence of people with richly diverse cultures, languages, and religions and with respect to their human dignity and respect to international human rights principles. With respect in human rights and human dignity 1. Migrants Working Group (MWG) 2. Human Rights Lawyers Association (HRLA) 3. Human Rights and Development Foundation (HRDF) 4. Stateless Watch 5. Prorights Foundation 6. Cross Cultural Foundation (CrCF) 7. Union for Civil Liberties (UCL)