annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
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INDIA HUMAN RIGHTS REPORT 2005 Mizoram<br />
October 2004, the State government<br />
<strong>report</strong>edly submitted Rs 25 crore proposal<br />
to the Central government <strong>for</strong> resettlement<br />
and rehabilitation of the ousted<br />
Bru IDPs in the state. 13<br />
Although some Brus had exercised the<br />
right to franchise through postal ballots<br />
during the general elections in May 2004, 14<br />
thousands of Bru voters who were deleted<br />
from electoral rolls could not vote. In<br />
August 2003, Mizoram Chief Electoral<br />
Officer, Lalmalsawma submitted names of<br />
14,616 Bru voters to the Election<br />
Commission as part of special revision of<br />
electoral rolls. Out of these, 8,830 were<br />
newly inducted into the revised electoral<br />
roll, while 5,786 names already existed in<br />
the previous electoral rolls of the state. 15 In<br />
the course of a subsequent scrutiny at<br />
Aizawl, names were indiscriminately<br />
deleted and only 4,266 inmates were<br />
<strong>final</strong>ly enlisted as voters. 16 On 17 October<br />
2004, the Guwahati High Court issued<br />
notices to the Tripura government,<br />
Mizoram government and the Central<br />
government <strong>for</strong> inclusion of the Brus in the<br />
electoral rolls of Mizoram. 17<br />
V. Refoulement of Myanmarese<br />
refugees<br />
An estimated 60,000 Myanmarese<br />
refugees comprising of the Chins,<br />
Arakanese and the Kachins have sought<br />
refuge in Mizoram since 1988.18<br />
However, in the wake of xenophobic<br />
frenzy after the rape of a Mizo girl in July<br />
2003, at least 7,209 Myanmarese nationals<br />
including 3,352 women were refouled by<br />
178<br />
the YMA and MZP activists in 2003.<br />
The <strong>Asian</strong> <strong>Centre</strong> <strong>for</strong> <strong>Human</strong> <strong>Rights</strong><br />
filed a complaint with National <strong>Human</strong><br />
<strong>Rights</strong> Commission against refoulement of<br />
the Myanmarese refugees. The State<br />
government in its reply flatly denied that<br />
there are any Myanmarese refugee in the<br />
state as all are immigrants. On the other<br />
hand, Vanglalngaijsaka, First Class<br />
Magistrate and Nodal Officer, Foreigners<br />
Cell of the State government of Mizoram<br />
who conducted an inquiry into the<br />
complaints of ACHR in his <strong>report</strong> of 10<br />
October 2003 stated that “After political<br />
turmoil in Myanmar where successive<br />
repressive measures were adopted by the<br />
military junta, there has been steady influx<br />
of Myanmarese nationals, mostly ethnic<br />
Chins.” Those fleeing to escape from<br />
repression qualify as refugees under<br />
international law.<br />
The NHRC’s judgement<br />
(No.2/16/2003-2004/FC) of 10 October<br />
2004 has been un<strong>for</strong>tunate. In its prayer,<br />
ACHR requested the NHRC to “direct the<br />
Ministry of Home Affairs and State<br />
government of Mizoram not to deport any<br />
Myanmarese refugee without their<br />
applications/ claims <strong>for</strong> refuge has been<br />
considered by the National <strong>Human</strong> <strong>Rights</strong><br />
Commission”. The NHRC response has<br />
been classic. It states, “So far as the prayer<br />
is concerned, it appears to be based on some<br />
confusion. There are no applications/claims<br />
pending with National <strong>Human</strong> <strong>Rights</strong><br />
Commission <strong>for</strong> grant of refugee status to<br />
any Myanmarese refugee”. The NHRC<br />
failed to understand that the complaint was