User:ChickenLord243/sandbox

Human rights violations against Chins
The Chin people (Chins) in Myanmar are one of the minority ethnic groups that have suffered widespread and on-going ethnic and religious persecution ever since General Ne Win overthrew the democratically elected government in 1962. The predominant religion in Myanmar is Buddhism, however, it seems that a distorted version is imposed by the Myanmar government upon the Christian Chins as a tool of oppression and arguably to force assimilation. There has been continuous crimes against humanity and cruelty in Myanmar's western Chin state, committed mainly by the tatmadaw (members of the Burmese Army) and police, however, other agents of the military government and the State Peace and Development Council (SPDC) also abuse the Chins. The level of persecution faced by the Chins is extreme, yet their existence and sufferings go unnoticed by most of the world due to fear of speaking out and the Burmese military regime restricting travel to Myanmar and censorship of media. The tatmadaw in Chin state do whatever they want to Chins and do not abide by the laws that are in place; the Chins fear the tatmadaw because whatever they do is considered the law. The Chins have been subject to forced labour, torture, arbitrary arrests, unlawful detention, extrajudicial killings and other human rights violations, giving them no choice but to flee and seek refuge in neighbouring states such as India, Thailand and Malaysia, even though doing so will risk further torture, detention or even death. Safety is primarily sought in India, however, Chins who make it to Mizoram (most common state in India where the Chins flee to) are not given full refugee protection and have no legal status there. Hardships still remain alongside discrimination in Mizoram and they do not have access to adequate refugee protection.

Extrajudicial killings
The right to life is a non-derogable norm outlined under the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). They are binding on member states of the United Nations, which includes Myanmar. Article 3 of the UDHR states that everyone has the right to life, liberty and security of a person and article 6 of the ICCPR states that every human being has the inherent right to life and no one shall be arbitrarily deprived of his life. Myanmar has also ratified the Convention on the Rights of the Child (CRC) and article 6 states that parties to the convention must recognise that every child has the inherent right to life. Despite these international instruments prohibiting extrajudicial killings, they still occur to the Chins in Myanmar.

Extrajudicial killings are committed by the SPDC and the tatmadaw in Chin state and the killers are never brought to justice. Human Rights Watch (HRW) has conducted several interviews with Chins who have fled Myanmar to produce a full report outlining the types of persecution that they face. In an interview with HRW, a Chin pastor described an incident that he witnessed in 2006 in Falam township and stated that the SPDC was searching for members of the opposing Chin National Army (CNA) throughout the entire township but when no information was given, they beat the village council headman and ultimately shot him dead. The Chin Human Rights Organisation (CHRO) documented that between 2005 and 2007, 16 extrajudicial killings occurred with 4 of them being children. Also between 2006 and 2010, 7 Chin men were killed because they were suspected of supporting the CNA and 4 Chin women were raped before being murdered.

Arbitrary arrests, detention and attacks
Under section 61 of the Myanamar Code of Criminal Procedure 1898, a person who is arrested without a warrant must not be detained for more than twenty-four hours. Section 340 states a person who has proceedings against him or her has the right to legal representation and his or her competency to be a witness Also, article 9 of the UDHR states that no one shall be subjected to arbitrary arrest, detention or exile. Despite the presence of legal structures and international law, the rule of law is not followed in Myanmar and arbitrary arrests, detention and attacks are still carried out by the tatmadaw and SPDC.

A number of Chins who were interviewed by the HRW describes the abuses in detail. One Chin man recalls back to the year 2000 when he was 16 years old and was approached by the Burmese police and tatmadaw accusing him of being connected to the CNA even though he told them he was not and had never even contacted anyone from the CNA or other opposition group before. The police and tatmadaw refused to believe him and beat him with the end of their guns until the man's head was split open. They also used electricity from a battery to torture him and would only stop if the man would tell them information about the CNA. For the Chins that are unlucky, they will be confined and locked up in detention facilities. These facilities are inadequate and unsuitable for anyone to be detained in. When interviewed by the HRW, former innocent prisoners gave detailed descriptions of the harsh conditions inside detention facilities and stated that they were infested with insects, overcrowded and unsanitary. Furthermore, prisoners are only given gruel to eat and no water to drink, which gave some prisoners no choice but to drink the dirty toilet water.

Forced Labour
Myanmar has been a part of the International Labour Organisation (ILO) since 1948 and in 1955 it ratified the 1930 Forced Labour Convention (No.29). Article 1 of the convention states that each member of the ILO which ratifies this convention undertakes to suppress the use of forced labour in all its forms within the shortest possible period. As a member state of the ILO, Myanmar has an obligation to honour the provisions contained under the eight core conventions outlined in the ILO, which includes prohibition of forced labour. The International Law Convention on the Rights of the Child also protects children from economic exploitation or any labour that is likely to be harmful to the child's health or physical, mental, spiritual, moral or social development or likely to interfere with the child's education. The Myanmar government properly responded to its obligations, and in 1999 it issued Legislative Order No. 1/99 which states that whoever unlawfully compels any person to labour against the will of that person shall be punished with imprisonment of either description for a term of one year, or with a fine, or both. In 2007 the Federation of Trade Unions of Burma (FTUB), which records and reports violations of forced labour in Myanmar collected approximately 3500 cases of forced labour mainly targeting the Chins in Chin state. Despite the legal structures set in statute, the military government fails to enforce the law and continuously turns a blind eye to forced labour that the Chins still presently endure. In June 2006 the SPDC Minister of Information stated that the tatmadaw were doing everything legally and that forced labour was never used.

44 Chin interviewed by the HRW gave statements that they experienced forced labour themselves and another 52 reported they were forced to porter for the tatmadaw. One of them remembered that the tatmadaw would call him to work for months; building houses for the SPDC or erecting fences for the army camp. Nothing was provided for him and he had to bring his own tools and equipment. There was no payment and if he did not show up to work, the tatmadaw would beat him. Forced labour disrupts the livelihood of the workers and prevents them from doing their regular jobs to support their families. Another Chin woman told the HRW of times where she was forced to porter more than ten times for the tatmadaw. She would do it for days on end and would have to carry 30 kilogram bags for up to 20 miles at a time. If she did not keep up the pace with the tatmadaw, they would beat her and the other porters too. One time she even refused orders, but the tatmadaw replied by saying "you are living under our authority. You have no choice. You must do what we say" and beat her again.

Mizoram response to Chins seeking refuge
Chins have restricted freedom of movement and their travel is limited by the SPDC which makes it difficult for them to escape persecution in Myanmar. They are left with no choice but to leave without travel documents to nearby states. Chins mainly travel to the Indian state of Mizoram and seek protection there. As of 2011 it is estimated that 100,000 Chins are living there. Initially, Mizoram welcomed the Chins, however as the persecution worsened in Myanmar, the Mizoram population became less generous in terms of the protection it gave and its attitude towards Chins.

Though some Chins have fled persecution in Myanmar, they face a new problem when arriving in Mizoram. This is because they cannot establish new lives since they do not have legal immigration status and are subsequently treated as illegal aliens. As such, the Chins that arrive at Mizoram are placed in a situation that is known as a "protracted, urban refugee situation" which is defined by the United Nations High Commissioner for Refugees (UNHCR) as a situation where refugees find themselves in a long-standing and intractable state of limbo. Their lives may not be at risk but their basic rights and essential economic, social and psychological needs remain unfulfilled after years of exile. They face challenges related to livelihood, food, shelter and healthcare. For some, it may even be harder to survive compared to before they fled Myanmar. Local integration is extremely challenging for Chins since they do not speak Mizo ṭtawng and are not used to the culture and practices of Mizoram. This is why they live and do informal work on the outer margins of the community. As a result of not having any legal immigration status, many Chins have reported being arrested, detained and fined for being foreigners. Some Chins are victims of labour exploitation and crime but are too afraid to report it to the police for fear of deportation if they uncover their legal status. The chins do not have any social status and feel powerless to do anything about it.

The Young Mizo Association (YMA) is a voluntary association in Mizoram whose mandate is to provide community service, which includes "conservation of Mizo culture and heritage". In the past it has issued orders forcing Chins to leave Mizoram because they do not want "foreigners" in their country. This breaches the international principle of non-refoulement because if Chins were to be sent back to Myanmar, persecution and suffering would be inevitable for them. One interviewee who spoke to the HRW recalled that members of the YMA carried sticks and went to each of the Chins' houses to ensure that they left Mizoram. The police also arrested Chins who did not leave and confined them in jail.