BURMESE MIGRANTS IN NORTHEAST INDIA FACE DISCRIMINATION:

UNCLAS SECTION 01 OF 03 KOLKATA 000305

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREF PHUM PREL BM IN
SUBJECT: BURMESE MIGRANTS IN NORTHEAST INDIA FACE DISCRIMINATION:
CONCERNED BY DEVELOPMENTS IN BURMA


1. (SBU) Summary: India's Northeast region is home to
thousands of Burmese refugees and migrants who have fled
political oppression and economic backwardness in Burma. Ethnic
Chins are the largest group, estimated at 50,000 to 100,000, and
are primarily in the India's Northeastern state of Mizoram.
They are often harassed by powerful local Mizo groups who see
them as a social and economic threat. India as a non-signatory
to the 1951 Convention relating to the status of refugees as
well as its related 1967 protocol, and lacking a national
refugee law has not granted the Chins refugee or temporary
resident status. The GOI also does not allow the United Nations
High Commissioner for Refugees (UNHCR) access to Mizoram to
assess the possible refugee status of the Chins in the state.
In addition, the GOI's increasingly cooperative relationship
with the Burmese government over the past 12 years has further
increased feelings of insecurity among the Chin population. The
GOI should be encouraged to seek a constructive solution to the
Chins' status in the Northeast in order to promote human rights
and democracy. Also as a practical matter, the GOI will need to
plan a response to another possible influx of Burmese refugees
as it experienced in 1988, if the Burmese Junta violently
suppresses the ongoing pro-democracy demonstrations. End
Summary.

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Background
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2. (U) Burmese migrants in India consist mostly of ethnic Chins
who reside in Northeast India. Most live in Mizoram, with a
smaller population in neighboring Manipur and Nagaland.
Following a large influx of refugees in 1988 as a result of the
brutal suppression of the pro-democracy movement in Burma,
thousands of Chins fled their homes and entered the neighboring
Indian states. The people of Chin state in northwest Burma, who
are predominantly Christians, are among the ethnic groups
targeted by the primarily Buddhist Burmese regime. According to
Chin contacts, the Chins face religious persecution, forced
labor and political suppression in Chin state. Political
oppression as well as economic necessity has prompted a continue
flow of Chins to India. Neither the GOI nor UNHCR in New Delhi
(to whom the Northeast is inaccessible) have officially
acknowledged the plight of these Burmese refugees in the border
areas. As a result, the Chin population suffers discrimination
and an indeterminate status in India.

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Migrants' Vulnerability
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3. (U) The continuing lack of an formal legal status for
Burmese in India makes it difficult to estimate the actual
number living in the Northeast. Except for a small number who
have been able to approach UNHCR in New Delhi, the majority of
the Burmese in India are afraid to identify themselves as
refugees. During the initial influx of Chins in 1988, the GOI
set up camps for them, but these were closed in 1995 as India
began a policy of greater engagement with the Burmese regime.
This shift left the Chins without reliable humanitarian support,
and they have since survived on low-paying, marginal jobs.


4. (SBU) Close cultural and linguistic similarities with the
Mizos allow the Chins to integrate somewhat into local society.
However, they remain frequent targets of the ethnic Mizo
population, who see them as an economic threat and easy
scapegoat. During a recent visit in August by ConGen to the
Mizoram, Chin leaders recounted experiences of discrimination
and abuse by the Mizo population. Chins fill menial jobs, or
work as weavers, laborers or porters. Many Chin often try to
keep a low profile to avoid being identified as "foreigners" or
as illegal immigrants. The Chins' marginal status makes them

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vulnerable to exploitation and they are occasionally targeted by
local communities and political parties. In 2000, Mizoram
authorities forcibly repatriated hundreds of Chin refugees to
Burma. At least 87 of them were reported to have been arrested
and sent to forced labor camps in Burma. In March 2002, the
powerful Young Mizo Association (YMA) ordered the eviction of
Chins in the Lunglei district. In July 2003, in response to a
rape in which a Burmese national was alleged to be responsible,
the YMA - with the support of the state government -- evicted
about 5,000 Chins from Mizoram.


5. (U) The migrants can be broadly divided into two categories:
those fleeing to India in the immediate aftermath of the
Junta's 1988 crackdown and those who have crossed steadily into
India since the early 1990s. The first category includes
students and youth who participated in the 1988 uprising and
subsequently fled to escape the Junta's brutal repression. The
rest constitute those who came in search of a livelihood and/or
to escape human rights violations in the form of arbitrary
arrest, torture, forced labor and religious persecution.
Ongoing insurgency and counter-insurgency violence has also
contributed to the Chin fleeing Burma. India is not a signatory
to the 1951 Convention relating to the status of refugees or its
related 1967 protocol. India also does not have a national
refugee law. While the GOI reacted to refugee outflow
triggered by the 1988 uprising by setting up refugee camps for
perceived political refugees as noted, it later withdrew all
assistance.

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Through Chin Eyes
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6. (SBU) Field Coordinator of the Chin Human Rights
Organization (CHRO) in Mizoram Terah Thantluang (please protect)
told post that about 60,000 Chins reside in India. These
include 50,000 Chins in Mizoram and 10,000 in Manipur. Although
Chin leaders say the persecution of Chins in India has been less
acute since the 2003 deportation drive in Mizoram, they also say
that Chins are "not free" in India because of the GOI's close
relationship with the Burmese government. Chins living along
India's border remain in fear of threats by both locals and the
Indian army.


7. (SBU) Van Lian Thang (please protect),leader of the Chin
National Council (CNC) - an umbrella organization of Chin
socio-political groups -- estimated there were 80,000-90,000
Chins in India. He said that the Chin migrants live in
difficult economic circumstances and lack legal security. With
the GOI's Look East Policy and friendly relations with Burma,
the Chin movement is unable to make progress in gaining GOI
recognition of their plight. Although the YMA has refrained
from outright acts of abuse, Thang indicated that the Chins felt
threatened by this ethnic Mizo group. He added that the
situation had improved recently under the state Mizo National
Front (MNF) government, which is now more sympathetic to the
Chins and their difficulties, but provides no official support.
(Comment: Despite the current situation being relatively
improved, the CNC continues to conduct its larger meetings in
jungle areas to avoid drawing attention of the state authorities
and locals Mizo groups. End Comment.)

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Things Changing in Burma?
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8. (U) On September 27 Chin leaders told Post that they have
not seen any marked increase of Burmese crossing into India
since the recent pro-democracy demonstrations in Burma began.
The Chins in Burma presently remain remote from the center of
the demonstrations and agitation. Thang noted that the Chins
were watching events closely but lacking resources and a means

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to support the protestors, he lamented, "Unfortunately we cannot
physically or financially support the movement [in Burma], but
we hope some country will come forward to help us."

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Role of UNHCR
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9. (U) UNHCR contacts told post that asylum seekers have to
approach the organization in New Delhi as the GOI does not
permit UNHCR access to Northeast states and it has no links with
NGOs in the Northeast region. UNHCR emphasized that if a
migrant from a foreign country resides in India for economic
reasons, their application is likely to be rejected. So far,
UNHCR has granted refugee status to 1,800 Burmese in India, and
UNHCR admitted they don't have an accurate count of the total
number of Burmese migrants in the country as they get varying
estimates (50,000 to 100,000) from asylum seekers.


10. (SBU) Comment: The Chins remain in legal limbo in India as
the GOI avoids adequately addressing their presence. While
presently not forcing the Chins to return to Burma, the GOI
still offers no mechanism for them to maintain a legal status
until the political situation in Burma changes. UNHCR is unable
to effectively assess whether the Chin are political refugees or
economic migrants as the GOI refuses the organization access to
the region and few Chins have the means to make the long trip
from the Northeast to New Delhi to apply for refugee status.
Given recent the pro-democracy demonstrations in Burma and the
likelihood of a violent response by the Burmese Junta, India
could possibly see a repeat of 1988 with another large influx of
refugees. The GOI should be encouraged to consider such an
eventuality and prepare a possible response to an increase in
Burmese refugees. The GOI should also be encouraged to allow
UNHCR greater access to the Chins to identify legitimate
refugees and to craft a sustainable approach in dealing with the
sizeable Chin community. A constructive response to the Chin
situation would demonstrate the GOI's commitment to basic human
rights and contribute to broader efforts to promote democracy in
Burma.
JARDINE