FORUM-ASIA condemns the governments of Laos and Thailand for committing the forcible deportation of 16 Lao Hmong asylum seekers on 26 January 2006, despite the legitimacy of the asylum seekers and some international pressure to halt the deportation since last year. The deportation was conducted by Thai immigration and military personnel last Friday.

(FORUM-ASIA condemns the forcible return of 16 Lao Hmong asylum seekers: greater fear of deportation of 154 Lao Hmong asylum seekers and refugees)

The Asian Forum for Human Rights and Development (FORUM-ASIA), a Bangkok-based human rights and development NGO, condemns the governments of Laos and Thailand for committing the forcible deportation of 16 Lao Hmong asylum seekers on 26 January 2007, despite the legitimacy of the asylum seekers and some international pressure to halt the deportation since last year.  The deportation was conducted by Thai immigration and military personnel last Friday.

Every UN Member States, including the two governments, is obliged under Article 14 of the Universal Declaration of Human Rights (1948) to promote and protect the right of every individual “to seek and to enjoy in other countries asylum from persecution.” Moreover, under customary international law, the principle of non-refoulement, or non-forcible repatriation of genuine refugees and asylum seekers, cannot be violated under any circumstances.

“Lao and Thai authorities must immediately share with concerned organisations the whereabouts of 16 asylum seekers and allow international community members, particularly those in Vientiane, to assist in the rescue process.  The recent deportation is causing greater fear of further forcible deportation,” insisted Anselmo Lee, Executive Director of FORUM-ASIA.  

The 16 deported were among the 168 Lao Hmong asylum seekers and refugees, who have been detained at the Immigration Detention Centre (IDC) in Nong Khai since early and middle of November last year. Lao and Thai governments have communicated over the issue several times.  On 15 and 16 January 2006, Lao officials visited the IDC and told some among the group that they would be repatriated within a few days.

The Thai government must immediately release the remaining Lao Hmong detained at the IDC, and allow the United Nations High Commissioner for Refugees (UNHCR) to conduct an independent screening process for asylum seekers that meets international standards.  FORUM-ASIA calls upon the concerned embassies in Bangkok to immediately confirm the resettlement of the group to avoid any further deportation of the Lao Hmong to the country where they continue to face historical persecution due to their ethnicity.

FORUM-ASIA also requests the diplomatic community in Bangkok and Vientiane, as well as the relevant UN agencies, in particular the UNHCR, the United Nations Office of High Commissioner for Human Rights (OHCHR), the United Nations Development Programme (UNDP), the United Nations Children’s Fund (UNICEF), the United Nations Development Fund for Women (UNIFEM), the World Health Organization (WHO), and the United Nations Population Fund (UNFPA), to publicly raise their concerns on the critical living condition that the group has been under, condemn the recent forcible deportation, and urge the governments of Laos and Thailand to abide by international human rights obligations.

The Thai government, as a State Party to the International Covenant on Civil and Political Rights (ICCPR), has a particular responsibility to ensure the right to life of those within its territory, including the Hmong population, who are at significant risk of persecution upon their forcible return to Laos. Similarly, the Lao government has an obligation, having ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), to ensure the protection and safety of all religious and ethnic minorities, including the Hmong. We note that the Committee on the Elimination of Racial Discrimination specifically requested the Lao government to halt the execution of the Hmong and to guarantee their safety already back in December 2003.

“Under this severe circumstance, the role of the international community, who are also donors to the two countries, is crucial.  Their commitment to human rights, including that of children and infants, should be made evident in practice,” Lee emphasised.

With two new-born infants, the total number of those currently held at the IDC has increased to 154.   At least 140 among the 170 have been given refugee status or been considered for it by the UNHCR.  Among them, 104 have been recognised as refugees, some since 2005, and are ready for resettlement outside Thailand.  77 of them are children and 10 are infants.

For further information, please contact:

Miwa Igawa, Mekong Countries Programme Coordinator, FORUM-ASIA: e-mail ([email protected]), phone: +66 2 391 8801.
Momoko Nomura, UN Advocacy Programme Coordinator, FORUM-ASIA: e-mail ([email protected]), phone: +66 2 391 8801.