The United Nations High Commissioner for Refugees (UNHCR) has hit out at the leaders of last week's demonstration by Chin Burmese refugees, saying it holds them responsible for the arrest of the 164 protestors. The leaders themselves have evaded arrest.

"The UNHCR is of the opinion that the organisers should have known - and should have informed the participants of - the consequences of their actions," a protection officer told malaysiakini today.

"It was irresponsible. They have responsibility for the 164 who have been arrested. Now, what has been achieved?"

The group had staged a protest in front of the Burmese embassy off Jalan Ampang in Kuala Lumpur against their government's persecution of their community. In particular, they cited alleged destruction on Jan 3 of a concrete cross in Matupi township in southern Burma.

Those arrested have been remanded for 10 days at the Jalan Hang Tuah city police headquarters pending completion of investigations for illegal assembly

Yesterday, a UNHCR delegation visited the lock-up to check on the condition of 12 of the protestors, as they are registered as refugees.

The protection officer said the protestors "seemed to have been misinformed or misled" into believing their actions would not lead to arrest and detention.

"We advise persons registered with us to respect Malaysian laws. We inform such persons as much as we can (about this). Definitely, the persons who organised the event had a responsibility to provide the (relevant) information."

The officer also said the standard UNHCR letter issued to refugees who are seeking asylum states they have "the obligation to respect national laws and not to engage in any criminal activities".

According to Section 27 (5) of the Police Act, a gathering of more than three people without a police permit is deemed unlawful assembly, leading to possible arrest and/or a fine. For undocumented migrants, it could also mean deportation to their country of origin.

Apology extended

Contacted earlier, a spokesperson for the Chin here, known only as Pau, said last Monday's demonstration was an act of desperation to highlight the plight of the minority group in Burma, who are being slowly 'cleansed' by the predominantly ethnic-Burmese military.

He also said those arrested for unlawful assembly knew that such protests are against Malaysian law.

"We want to apologise. We know that what we did was wrong, but you have to understand that we (our community) are suffering. In the village that we lived, religious rights are not there. It is hard there," he said.

"We wanted to show the world what the Burmese government is doing. After the military destroyed the cross, they held up the Burmese flag as a sign of victory, to show that the land (of Chin state) is under their control. They are trying to eliminate us through different means. It is part of their ethnic cleansing programme."

Echoing Pau's statements, Young Men's Chin Christian Association head Salai San Aung urged the UNHCR to intervene before the Chin detainees are found guilty of illegal assembly and deported.

"If those people arrested get sent back, they will simply die," said Salai, urging the agency to grant protection letters to the 152 protestors who have not yet been 'recognised' by the UNHCR.

In response, the protection officer stressed that the UNHCR would seek to ensure that those registered with the agency and granted recognition as refugees from a conflict will not be deported.

"For those who are registered with us as asylum seekers, we make sure the authorities are aware of their status and advocate and intervene so that they are protected from deportation under any circumstances," she said.

"It is one of the most salient points of international refugee laws. Deportation in such cases is very rare and is a most serious violation of refugee laws."

In the absence of registration with the UNHCR the remaining protestors are not likely to receive the agency's protection and could in all probability be deported.