06/16/2004

The situation for Burmese in Thailand is increasingly difficult, especially for urban refugees and asylum seekers from every ethnic group. Any Burmese in Thailand without a valid visa is considered an “illegal alien,” subject to deportation at any time if caught working or traveling without permission. Passport holders find it increasingly difficult to renew their visas, thus putting at risk their ability to study, conduct business, or run organizations to assist their countrymen. The new Royal Thai Government “one year legalization” registration system for alien workers will not cover Burmese refugees or asylum seekers, nor permit even the trained Burmese medics in Dr. Cynthia’s Mae Tao clinic to obtain legal work authorization.

When the State Peace and Development Council (SPDC), the junta governing Burma, convened its National Convention in mid May, Thai government authorities insisted that Thai-based Burmese NGOs, heretofore permitted by authorities to travel and provide training and aid to refugees, cancel all public meetings and travel. These NGOs are uncertain when, or if, they will be able to renew their activities. The Thai government told international NGOs to limit their presence in the border refugee camps to one to two staff and to get a schedule of visits approved a month in advance.

The Royal Thai Government (RTG) is bent on removing “urban refugees,” whose numbers include key leaders of the exiled democracy movement, to border camps to limit their international communications and political organizing. Thus, the RTG in 2003 ended the UN High Commissioner for Refugees (UNHCR)  refugee status determinations, but has yet to establish new Provincial boards or clarified the standard  to be used to determine which Burmese are “refugees” and thus eligible to reside in the nine official border camps assisted by NGOs. Thai officials told members of a joint Refugees International/George Wolf Operating Foundation assessment mission that a broader definition than “fleeing fighting” would be adopted and UNHCR made a member of the Boards. No one would say when these boards would come into being nor how they would deal with the existing backlog of thousands of Burmese cases.
 
NGOs are concerned that Thai pressure may build for repatriation to Burma because of the ceasefire with the Karen National Union army, despite miniscule UNHCR presence and preparations in Mynmar and little cross-border contact with the NGOs now working with the refugees. Thai officials told RI that “economic development would solve the Burmese refugee problem.” Burmese NGOs suggested that the establishment of “a more democratic federated state following the rule of law rather than arbitrary whims” would permit many to consider returning voluntarily under an internationally monitored return to home villages with reintegration assistance by NGOs.

Refugees and NGO staff working with them expressed fear of “formal deportations,” in which 400 Burmese deportees are vetted with Burmese authorities, and then officially handed over by Thailand’s Ministry of Interior to the SPDC. Unauthorized departures from Burma are punishable by a two-year prison sentence and heavy fines. Any Burmese, believed to be a “resistance soldier or supporter,” or a political dissident, can expect and will probably receive harsh treatment. At one time, possession of a UNHCR refugee document or being identified by UNHCR as a “person of concern” was an immediate ticket out of an MOI deportation proceeding. Now, despite UNHCR protests, possessing a refugee document, or being identified by a UNHCR officer, at best moves the refugee into “informal deportation.” There, no lists or information are provided in advance to SPDC authorities, but the refugee is still at risk. Returnees often are met by armed militia factions, or local officials seeking “volunteers” for forced labor or military service, or by those seeking to extort money from refugees desperately trying to return to Thailand.

Recently, the pace of informal deportations has quickened as Thailand increased pressure on the Burmese, in part through targeting them as the major part of the 1-2 million “illegal workers” drawn to the growing Thai economy.  Authorities aggressively conduct almost daily roundups and deportations from Bangkok and Mae Sot.  “Knowing who is  missing…having information, money, a cell phone…that is essential to protect your friends,” one expatriate Burmese refugee advocate told RI.  
UNHCR considers the Burmese “increasingly at risk” and is seeking international support for quick Thai resumption of provincial refugee status determination boards, which  would more closely mirror international refugee determinations, operate transparently, and include an effective appeal mechanism. UNHCR seeks Thai cooperation in conducting a re-registration exercise to cover the 30,000 new persons who have been able to access the nine border camps, despite Thai efforts since 2002 to prevent new arrivals. UNHCR is asking third countries to join the U.S. and Norway in “burden sharing” with Thailand (host to Burmese refugees since 1984) by providing more resettlement opportunities for those who cannot return due to persecution or a well-founded fear of persecution in the SPDC-controlled Burma.

Refugees International, therefore, recommends that:

• Donor governments assist Thailand in developing its refugee policy and refugee status determination procedures to reflect international norms and practices, particularly in the treatment of children and vulnerable groups and by permitting full and regular access to refugees by the UNHCR, NGOs, and other responsible parties.
• The Thai Ministry of Interior stop all deportations of Burmese asylum seekers and refugees in recognition of Thailand’s responsibility to provide safe haven to those at risk.
• UNHCR, responsible Thai officials, and representatives of donor governments consult with Burmese refugees and the NGOs assisting them to determine how to plan for and conduct a successful voluntary repatriation/ reintegration program that provides for personal security, return of property of indemnification, recognition of citizenship or permanent legal residency, and waiver of any penalties for leaving the country.
• UNHCR ensure that its offices in Thailand and Burma confer regularly together and with donor governments and the NGO community on the issues affecting repatriation, including citizenship, minority rights, property rights, religious freedom, rule of law, the development of effective monitoring standards and staffing.
• The United States and other donor governments encourage UNHCR to provide additional resources to its operations in Thailand to permit it a greater presence in the refugee camps and more personnel to provide training and technical support to Thai officials and monitor their operations.