WO R L D R I G H T S
Human Rights Advocacy Worldwide

September 21, 2004

湖北省武汉市湖北省公安厅国内安全保卫处
Hubei Province Police Department Domestic Security Group.
Wuhan City, Hubei Province
People’s Republic of China
430000

RE: U.N. Refugee Peng Ming-- Ref.#LEGAL/01/0517 (NI 13359)

To Whom It May Concern:

We note that Peng Ming, who is currently being detained by local authorities at Wuhan City Detention Center No. 2, is a U.N. refugee. As a U.N. refugee, Peng Ming is deserving of the international protection provided under the mandate of the United Nations High Commissioner for Refugees as well as under principles of international law.

Peng Ming was arrested in Myanmar on May 22, 2004, and subsequently returned to China on May 28, 2004. That act of repatriation by the Government of Myanmar was illegal and in contravention of international law. Under internationally recognized principles of non-refoulement, any individual designated a U.N. refugee is to be protected from being returned by a “holding state” to a country where he has a well-founded fear of persecution, due to his religious or political beliefs.

In view of Peng Ming’s past political activities in China, where he has faced persecution, his fear of persecution was in fact well-founded. Therefore, Myanmar’s forced repatriation of Peng to China constituted a clear and troubling violation of non-refoulement principles. Because the principle of non-refoulement has acquired the status of jus cogens, that is, it is a peremptory norm of international law from which “no derogation is permitted--” Myanmar is bound to observe this principle, even though it is not a signatory to the U.N. Protocol Relating to the Status of Refugees.

Myanmar’s violation of international law should not be compounded by China. Because Peng Ming’s return to China was illegal, China currently magnifies the violation by accepting “ill-gotten gains.” This violates the spirit of the U.N. Protocol Relating to the Status of U.N. Refugees—to which China is a signatory.

In order to demonstrate China’s respect for the universal principle of non-refoulement as a peremptory norm of international law from which no derogation by any state is permitted, we respectfully request that those authorities responsible for Peng Ming’s case permit his return to the United States at the earliest possible date.

Sincerely,

Timothy Cooper

ENC: U.N. Refugee Documentation