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South Asia Weekly | Volume XIV; Issue 3
News and analyses from South Asia this week.
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Sreeparna BanerjeeIn an appalling event, last week, 19 Rohingyas and a Thai woman accused of housing them were arrested for illegal entry into Thailand. Another group of 100 Rohingyas were uncovered from Yangon in Myanmar. Both these groups were bound to travel to Malaysia in search of a better life. In addition, there are reports that around 33 Thai officials along with civilians will be charged with disciplinary action for facilitating human-trafficking along the Thai-Myanmar border.
This discovery comes at a time when people of Thailand are accusing migrant workers from Myanmar as being responsible for the rising number of the Covid-19 cases in the country. After two months of hate-speech and confusion, Prime Minister Prayut Chan-o-cha was tactful in stating that the recent infections were due to foreign workers smuggled across Thai border and had nothing to do with Myanmar migrants per say. On a positive note, this entire event also uncovered the difficult conditions that the migrant workers, especially those from Myanmar, are facing in Thailand.
Nevertheless, concerns are ripe regarding increasing trafficking routes for the Muslim minority community fleeing Myanmar’s open detention camps. It has come to light that Thai and Myanmar workers illegally cross the porous border and some have found lucrative jobs and business opportunities during the lockdown period for Covid. Some undocumented people, including Rohingyas, also sneak into Thailand with the help of traffickers, from where they are smuggled to Malaysia. They pay a handsome amount of money to both Myanmar and Thai human-traffickers for the purpose.
Myanmar and Thailand, based on their trafficking agreement on prevention, protection, rehabilitation, reintegration, law enforcement, justice have returned trafficked victims to their respective nations. However, the policy towards the displaced and stateless Rohingyas differs not only in Myanmar but in Thailand as well.
Historical evidence
Thailand is home to a few million migrant workers, including an estimated 130,000 refugees and asylum-seekers. In the past, Thailand has given asylum to the Rohingyas as well as political prisoners from Myanmar. Since the mid-1980s, refugee and displaced people’s camps along Thailand’s western border have protected people evading Myanmar’s military operations. Today, more than 100,000 refugees remain in these camps as Myanmar’s peace process falters. The government fails to prepare for their repatriation.
However, in recent years, Thailand’s most visible nexus to the grave human rights situation in Myanmar has been the treatment of the Rohingyas. Thailand has long been a hub for human-trafficking networks transporting displaced Rohingya and Bangladeshi migrants to Malaysia and other destination countries. In 2015, the “discovery” of the horrid trafficking camps and mass graves in southern Thailand caused worldwide human cry.
It became known that Thai officials knew of the existence of the camps for years and were involved in it. This imposed a quick crackdown by Thai and Malaysian authorities and saw the suspension of many senior officials and politicians. What followed this was quite ruthless.
Three-step action
Rather than sympathy and support for those at risk, the Thai authorities since 2017 have enforced a three-step action plan. Under this action plan, the Thai Navy can intercept Rohingya boats nearing the coast and only after ensuring the occupants will travel further to Malaysia or Indonesia, provide essential supplies like fuel, food, water, etc. However, any boat or trawler that lands on Thai shores is detained.
The Rohingyas under the domestic laws are treated as illegal immigrants and are subject to indefinite detention in squalid immigration and police lockups. They are not allowed to let the United Nations refugee agency conduct refugee status determinations for them. Under customary international law, Thailand cannot instantly discard asylum claims at the border. It is obligated to allow Rohingya asylum seekers to enter the country and seek protection.
Many displaced Rohingyas were on sea throughout 2020 due to the Covid scare. However, while few nations like Indonesia, Bangladesh allowed them to enter their territories; they were not let in by Thailand despite several requests from humanitarian agencies worldwide. This resulted in several numbers of deaths and illnesses among the displaced people stuck in boats. Such an inhumane “push-back” policy for new boat arrivals needs to be looked into and possibly removed at the earliest. If authorities regarded them as the victims and not as illegal immigrants, they would have the right to work for their living.
Unlike Thailand, Malaysia with the recognition of the United Nations, offers better living and working conditions to the refugees, especially Rohingyas. In records, there are more than100,000 Rohingyas registered with the UN High Commission for Refugees, while about 6,000 in Indonesia also live in similar conditions.
Gaps in policy
It becomes quite evident that there are cavernous gaps in Thailand’s refugee laws and policies. Thailand is not a party to the 1951 Refugee Convention or its 1967 Protocol; it, therefore, lacks domestic legislation that protects the rights of asylum seekers and refugees. Accordingly, asylum seekers, stateless people, and refugees are in violation of Thailand’s domestic immigration law and are subject to detention and deportation, putting them at further risk of abuse, exploitation, and trafficking. While Thailand has made an assurance to strengthening protections for refugees and asylum seekers, however till date these remain little more than unfulfilled promises on paper and words.
Now, home to the world’s fastest-growing refugee crisis, South-East Asia currently needs a positive model for the treatment of its refugees and stateless people. Thailand, with its long history of hosting those fleeing persecution, may consider stepping up to the mark. Moreover, the country with its strengthening diplomatic relations may also encourage Myanmar to create conducive conditions to take the Rohingyas back within their nation. Continuing to ignore the Rohingya issue will not help either nation in the long run and will further perturb the delicate human rights situation.
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