Is it safe to return to a country wracked by an abusive armed conflict, widespread atrocities and targeted ethnic violence, including war crimes and crimes against humanity?
The Trump administration says it is. On Monday, the US Department of Homeland Security (DHS) issued a notice of termination of Temporary Protective Status (TPS) for people from Myanmar, effective Jan. 26.
TPS status protects non-US citizens from deportation to countries facing armed conflict or other crises making return unsafe. There are almost 4,000 people from Myanmar designated for TPS, and many may now become subject to arrest and deportation.
The notice acknowledges that Myanmar “continues to face humanitarian challenges,” but claims termination is justified due to “improvements” in “governance and stability,” including the military junta’s revocation of a state of emergency and plans for “free and fair” elections starting in December.
Extensive reporting on Myanmar contradicts almost every assertion in the notice. Myanmar’s supposedly revoked state of emergency in July was immediately replaced with a new state of emergency and martial law in scores of townships across nine states and regions. Foreign governments and UN officials widely understand the junta’s planned “elections” are a fraudulent ploy for international legitimacy.
The Homeland Security notice is directly contradicted by what other US officials openly admit: “For years… the military regime in Myanmar has carried out atrocities against its own citizens, including… appalling human rights violations and abuses,” wrote the US Mission to the UN just days ago, in a statement supporting a new UN resolution on Myanmar’s rights record. The resolution—which the US supported—specifically stated that the military’s abuses make Myanmar “unsuitable for the voluntary, safe, dignified and sustainable return of all refugees and forcibly displaced persons.”
Military atrocities and attacks on civilians in Myanmar have not diminished and are documented daily in numerous UN investigations and guidance papers and outlined in reporting by the US State Department and other governments, media and human rights groups. Extensive abuses have also been acknowledged in recent statements by congressional leaders from both parties. The UN has reported thousands of civilians killed by the military this year and the ongoing displacement of over 3.5 million people.
Homeland Security’s misstatements in revoking TPS for people from Myanmar are so egregious that it is hard to imagine who would believe them. Perhaps no one was expected to.
John Sifton is Asia advocacy director at Human Rights Watch.
This article was first published by Human Rights Watch.
