Washington
28 December 2009
A leading rights investigator squarely blamed the government for the forced deportation of 20 Uighurs to China last week, as officials failed to examine their asylum status in time.
“As we have not done this, that’s why we received criticism from countries and from UNHCR,” said Ny Chakrya, chief investigator for the rights group Adhoc, as a guest on “Hello VOA.”
The Uighurs were reportedly fleeing unrest in their home province of Xinjiang, where anti-Chinese rioting in May left nearly 200 people dead. Twenty-two arrived through November. Beijing called them criminals, and, on the eve of the arrival of China’s vice president, Cambodia deported them.
The move prompted sharp criticism for the UN, the US and international rights groups, who said the government had failed to adhere to its international obligations to protect refugees and asylum seekers.
Government officials said they applied immigration laws and were not pressured by China to deport the group. They also blamed UNHCR for failing to assess the status of the group quickly enough. (Two Uighurs remain at large.)
Ny Chakrya said Thursday the Cambodian authorities themselves had failed to properly assess the asylum seekers and instead deported them as illegal immigrants.
“That seems to affect our obligation and violate universal human rights, as well, if the 20 Uighurs receive persecution,” he said.
China has already executed at least 17 people in the wake of the July riots.
Cambodia was obligated to investigate each individual case and to protect the asylum seekers until it could determine their status, Ny Chakrya said.
Any criminal accusations should have been investigated from Cambodia, using documents from China, to determine whether the criminal charges were politically motivated, he said.
International law should be applied before domestic law, he said.
“If those 20 Uighurs have problems after they return, then Cambodia’s credibility will face more serious [challenges],” he said.
“As we have not done this, that’s why we received criticism from countries and from UNHCR,” said Ny Chakrya, chief investigator for the rights group Adhoc, as a guest on “Hello VOA.”
The Uighurs were reportedly fleeing unrest in their home province of Xinjiang, where anti-Chinese rioting in May left nearly 200 people dead. Twenty-two arrived through November. Beijing called them criminals, and, on the eve of the arrival of China’s vice president, Cambodia deported them.
The move prompted sharp criticism for the UN, the US and international rights groups, who said the government had failed to adhere to its international obligations to protect refugees and asylum seekers.
Government officials said they applied immigration laws and were not pressured by China to deport the group. They also blamed UNHCR for failing to assess the status of the group quickly enough. (Two Uighurs remain at large.)
Ny Chakrya said Thursday the Cambodian authorities themselves had failed to properly assess the asylum seekers and instead deported them as illegal immigrants.
“That seems to affect our obligation and violate universal human rights, as well, if the 20 Uighurs receive persecution,” he said.
China has already executed at least 17 people in the wake of the July riots.
Cambodia was obligated to investigate each individual case and to protect the asylum seekers until it could determine their status, Ny Chakrya said.
Any criminal accusations should have been investigated from Cambodia, using documents from China, to determine whether the criminal charges were politically motivated, he said.
International law should be applied before domestic law, he said.
“If those 20 Uighurs have problems after they return, then Cambodia’s credibility will face more serious [challenges],” he said.
6 comments:
To MR Ny Chakrya,
I personally respect your argument MR Ny Chakrya. I know you very well as the lawyer because you had study law in Humboldt University to Berlin Berlin, Germany), so you know more what the right and wrong. I do hope the UNHCR in Cambodia do their mission for bla bla bla.
Lawyer
Cambodia at Fault in Uighur Expulsion: Expert, but Thai government sent Hmong back to Laos was right all the time because Thai government is a good dog servant to US government, An expert also said.
Cambodia at fault? Expert, dont you think that the UNHCR is at fault. They had many months to send the refugees to a third country, but they did not act.
You expect Cambodia to resist China's request, when China is the biggest donor to cambodia. Think again.
If China called Uighur a criminal & Hun Sen Send them back home.
Thailand Also call Thaksin as "criminal" why isn't Hun Sen Send him back to Thailand.
Why not apply the same rules to all...
If Vietnames are illegally staying in Cambodia & not seeking Asylum!. When does the CPP Hun Sen send them back to their home Vietnam?
Is that mean Hun Sen is racist againt the Chinese and not vetnamese?
Why people blame too much the Cambodian government.
The Uighur issues were not even raised during the Obama's visit to China. You go through the press conference Obama-Hu Jintao, you cannot find any reference to the Uighur. If somebody really care about the Uighur, this is a place for raising the issue.
This is a paradox of a small country. Whatever you do you will be lost. You cannot please everybody.
20 Uighurs for $1.2 billions in aid from big brother (China). Three Stooges decision plan.
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