Forced Migration of Ethnic Kachins from Myanmar to China: Law and Politics behind China’s Response

This article examines China's response to the influxes of ethnic Kachins displaced by armed conflict from Myanmar and discusses the probable legal and policy considerations underlying China's response, drawing upon the existing literature as well as fieldwork in Yunnan Province, China and Kachin State, Myanmar. Since June 2011, more than 10,000 displaced Kachins have entered into Yunnan. China has provided little assistance to them and forcibly repatriated about 5,000 of them in August and September 2012. Although displaced Kachins in Yunnan qualify prima facie for refugee status under the Refugee Convention and Protocol, China refuses to recognize them as refugees and primarily relies on the 1997 Chinese–Myanmar Border Management Agreement and the 1990 Yunnan Rules to handle them. China's concerns about domestic stability and desire to protect its political, strategic and economic interests in Myanmar arguably have contributed to China's policy toward displaced Kachins