The Refugee Council of Australia (RCOA) is appalled by reports that Thailand violated international law by forcibly returning to China 40 Uyghur men it had detained for more than a decade.
Thailand has an obligation under both international and domestic law to prevent forced returns or refoulement. The principle of non-refoulment is considered customary international law and binding on all states.
RCOA remains concerned these men are now at grave risk of being tortured, forcibly disappeared and detained for long periods by the Chinese government. This follows the unknown fate of approximately 100 Uyghur previously forcibly returned to China in 2015.
Since late 2016, the Chinese authorities have intensified a widespread and systematic campaign of human rights violations against the Uyghur population. Governments like Australia, UN agencies and human rights organisations have consistently raised deep concerns with the ongoing persecution of the more than 10 million Uyghur in the Xinjiang region of China.
The 40 men who were recently returned have been held for more than a decade in an immigration detention centre in Bangkok, in reportedly inhumane conditions and denied access to UNHCR and other humanitarian organisations.
In January, RCOA wrote to the Australian Government expressing our concern about rumours that the men might be returned. We understand that several governments were prepared to offer safe third country options for members of the group through UNHCR but UNHCR was denied access to the men.
RCOA welcomes statements by the Australian Government condemning the forcible return of these men, as outlined by Foreign Minister Penny Wong.
“Australia expects all countries to adhere to their domestic and international legal obligations, including non-refoulement obligations. We have repeatedly raised our concerns with the Thai Government and have also now raised our expectations about the group’s treatment with the Chinese authorities,” Senator Wong said in her statement.
“The Australian Government has consistently expressed our grave concerns about the human rights situation in Xinjiang, and the treatment of Uyghur and other Muslim minorities in China. We continue to raise these concerns at the highest levels with China.”
RCOA calls on Australia to continue to push for greater refugee protection in the Asia-Pacific region, including an absolute commitment to upholding non-refoulement obligations, as well as access to basic human rights such as health and education.
If the rights of refugees are not protected in our region, many will conclude that they have little alternative but to risk dangerous onward journeys in search of safety.
