In the past two years, Thailand has shown leadership in expanding alternatives to detention and moving towards a national screening mechanism for persons at risk of persecution. However, if it is to be recognized as a regional leader, it must immediately stop forcibly returning refugees to their countries of origin, where they are at risk of being persecuted.
As Thailand has publicly acknowledged, it is bound by the principle of non-refoulment (the prohibition against the forcible return of refugees or people seeking asylum to a country where they are liable to be persecuted). In repeatedly refouling refugees and people seeking asylum, Thailand is putting people’s lives at risk, is violating foundational international law, and is drawing considerable negative attention. Additionally, returning refugees into the hands of their persecutors is in conflict with the principles and values of the Thai people.
The people of Thailand have a long and proud tradition of affording protection to refugees, and of not returning men, women, and children to places where they are in danger of suffering persecution and harm. Over many generations, the people of Thailand have welcomed many people fleeing conflict and oppression in China, Vietnam, Cambodia, Myanmar, and other neighbouring countries. Many Thai citizens today are the descendants of refugees. In December 2019, Thailand showed commendable leadership in establishing a National Screening Mechanism to protect persons who are at risk of persecution. Thai officials have also presented at several international forums on its move towards alternatives to detention for refugee children and mothers. The recent actions of the Thai government have, however, created an atmosphere of fear and insecurity among refugees in Thailand.
In recent years, the Thai government has frequently cooperated with foreign governments that seek the return of citizens who have sought refuge in Thailand: in June 2014, the government deported former Hmong resistance leader Moua Toua Ter to Laos;1 in July 2015, it deported 109 Uyghurs to China;2 in November 2015, the government deported two Chinese activists, despite interventions from the United Nations and the Canadian government;3 in May 2017, the Thai government deported Turkish national Muhammet Furkan Sörkmen in May 2017.4 Cambodian nationals have been particularly targeted for forcible return. In February 2018, Sam Sokha, a UNHCR-recognized refugee, was deported to Cambodia in connection with a politically motivated in absentia conviction.5 In December 2018, Rath Rott Mony, a trade-union president and journalist, was arrested and deported to face charges concerning his assistance to a documentary film crew exposing the sex-trafficking of minors.6 In November 2019, Tor Nimol, a Cambodia National Rescue Party (CNRP) activist who had earlier been recognized as a refugee, and his wife Chen Lim, were arrested in Bangkok and swiftly returned by Thai authorities to Cambodia. Upon arrival in Cambodia, he was forced to denounce the CNRP in an interview with the government-affiliated Fresh News.7 His current whereabouts are unknown.
In late 2021, the Thai government repeatedly flouted international law, including refouling Cambodian refugee Thavry Lanh the day after presenting at the United Nations on its human rights performance over the preceding five years, where it stated that
Thailand respects the principle of non-refoulement, in accordance with its humanitarian tradition and international obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).8
Prior to this, Thai authorities had arrested and deported Cambodian refugees Veourn Veasna and Voeung Samnang. Following it, they arrested and almost refouled Ven. Bor Bet, a Cambodian monk and refugee, and, in December 2021, refouled over 600 people who were fleeing fighting in Myanmar.
These incidents have caused many refugees in Thailand to go into hiding and made them doubt that the National Screening Mechanism will be implemented in good faith. The National Screening Mechanism requires buy-in from refugees if it is to work. Further, they have garnered considerable negative press for Thailand, with the news garnering international condemnation.
1. Thailand should immediately cease the deportation of refugees and people seeking asylum to places where they are likely to be harmed. Not only is Thailand putting people at risk of persecution and violating a core tenant of international law, but also it is undermining its own values and the progress that it has made in other areas.
2. Citizens of neighbouring countries should be permitted to register for the National Screening Mechanism. Citizens of neighbouring countries comprise over 95% of refugees and asylum seekers in Thailand. However, there have been indications that they will be prevented from registering as they could regularize their status in Thailand through migrant worker schemes. The key difference between refugees and migrant workers is that the former would be at risk of persecution if they were returned. As such, migrant worker status is insufficient protection for a refugee. Were Thailand to cease refoulement and make a good-faith effort to accurately identify people in need of protection, the National Screening Mechanism could provide it with greater understanding of the people within its territory and regain the status of Thailand as a welcoming host.
1 Di Hoa Le, Laos Preparing Charges Against Deported Hmong Resistance Leader, Radio Free Asia, 7 July 2014.
2 Govt Confirms Deportation of 109 Uyghurs to China, Bangkok Post, 9 July 2015.
3 Oliver Holmes, UN condemns Thai repatriation of Chinese dissidents, The Guardian, 17 November 2015.
4 U.N. expresses grave concern over Myanmar, Thai deportation of Turkish national, Reuters, 27 May 2017.
5 Cambodia dissident in jail after Thailand deportation, Al Jazeera, 10 February 2018.
6 Prak Chan Thul, Thailand sends home Cambodian critic wanted over sex-trafficking film, Reuters, 12 December 2018.
7 Cambodia: Stop Harassment of Opposition Figures in Thailand, Amnesty International, ASA 23/1632/2019, 27 December 2019.
8 Thailand, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council
Policy Brief by Heinrich Boll Stiftung