annual report print final.qxd - Asian Centre for Human Rights

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