rohingya in thailand

[25] Because Thailand has no formal refugee law framework, its Immigration Act of 1979 regulates all foreigners entering the state’s territory, including refugees. Overland Routes to Thailand 39 3.2. A few thousand Rohingya entered Thailand years before the current crisis in Myanmar’s Rakhine state. They have faced persecution at the hands of Myanmar’s … [10] For more discussion see pp. 10. See 1954 Convention relating to the Status of Stateless Persons, article 1(1). While atrocities committed against the Rohingya in Buddhist-majority Myanmar are well-documented, the new investigation is the first to document abuses in Malaysia and Thailand. Currently, Rohingya children born in Thailand remain stateless and vulnerable to deportation because they are not conferred Thai nationality or legal status in the country. Finally, granting UNHCR the ability to conduct refugee status determination for Rohingya would help in establishing the population’s need for international protection. Additionally, providing Rohingya children born in Thailand the legal right to stay in Thailand (through the granting of citizenship, legal residency or other measures) would help reduce the negative effects of statelessness on children born in its territory. The inability to obtain work permits confine Rohingya to jobs in the informal labor sector leaving them susceptible to extortion by both employers and police. The problem of trafficking and the Rohingya’s stateless status was illustrated by raids conducted by the Thai government in January 2013 on makeshift shelters believed to be smuggling camps in Songkhla province. [15] For example, Rohingya in Myanmar are required to obtain travel permits to visit neighboring villages, and they are commonly barred from traveling beyond the three townships of Buthidaung, Maungdaw, and Rathedaung. Human trafficking gangs have abused and exploited many of those who eluded death during their dangerous journey. Human rights groups are calling for improved living conditions for close to 2,000 Rohingya boat people now in detention in Thailand. CMS is a member of the Scalabrini International Migration Network (SIMN), a global network of 270+ entities that provide services to migrants, including shelters and welcoming centers in receiving communities. The Myanmar government and military have long persecuted the Rohingya, members of a Muslim minority group who have lived in Myanmar’s Rakhine State for generations. Rohingya fleeing Myanmar experience common issues and problems in the various countries to which they relocate, including lack of legal status, discrimination, and trafficking and forced labor. Posted by Maung Kyaw Nu,President of Burmese Rohingya Association in Thailand (BRAT) on November 12, 2014 17:24 Pres.Obama should warn Burma to immediately stop Rohingya tragedy and return all their stolen rights. Before the displacement crisis in 2017, when over 740,000 fled to Bangladesh, an estimated 1.4 million Rohingya lived in Myanmar. The Rohingya are an ethnic, religious, and linguistic minority concentrated in the northern region of Myanmar’s Rakhine state. Site designed and developed by Social Ink [+], Faith Communities/Faith-Based Organizations, Irregular / Unauthorized / Undocumented Migration, US Catholic Institutions and Immigrant Integration, President Biden’s Executive Actions on Immigration, http://burmaactionireland.org/images/uploads/ICHR_Rohingya_Report_2010.pdf, http://www.refworld.org/docid/3ae6b4f71b.html, http://www.fortifyrights.org/downloads/Policies_of_Persecution_Feb_25_Fortify_Rights.pdf, http://www.equalrightstrust.org/view-subdocument/index.htm?id=748, http://www.equalrightstrust.org/ertdocumentbank/The%20Equal%20Rights%20Trust%20-%20Burning%20Homes%20Sinking%20Lives.pdf, http://www.refworld.org/docid/46b2f9f42.html, http://theborderconsortium.org/camps/2014-01-jan-map-tbc-unhcr.pdf, http://www.hrw.org/news/2013/06/03/thailand-end-inhumane-detention-rohingya, http://www.hrw.org/news/2013/06/27/thailand-traffickers-access-government-run-shelter, http://www.aljazeera.com/news/asia-pacific/2013/01/201311184320327355.html, http://phuketwan.com/tourism/second-rohingya-camp-raided-rights-group-calls-intervention-17407/, http://www.equalrightstrust.org/files/Trapped%20in%20a%20cycle%20of%20flight%20Stateless%20Rohingya%20in%20Malaysia.pdf, http://www.hrw.org/news/2014/01/06/thailand-protect-rohingya-boat-children, http://www.reuters.com/article/2013/12/05/us-thailand-rohingya-special-report-idUSBRE9B400320131205, The Fr. [34] Starting in 2004 bilateral Memorandums of Understanding on Cooperation in Employment of Workers (MOUs) were signed between Thailand and the governments of Cambodia, Lao PDR, and Myanmar. Activists say that up to 19,000 people - mostly Rohingya Muslims - have set sail from Myanmar's western Rakhine state to Thailand to escape violence and deteriorating living conditions. Due to human rights abuses, discriminatory policies, and conflict in the Rakhine state, many have fled – and continue to flee – the country. The agency assists people rescued in law enforcement raids from smugglers' camps by providing immediate relief. It also places Rohingya at a disadvantage in comparison to other groups from Myanmar who are able to avail themselves of protection in camps. “…In case there is an order for deportation of the alien, while waiting for the alien to be deported, the competent officer may…detain the alien at any place, as long as it is necessary.”. Under the Immigration Act, a valid passport (or document used in lieu of a passport) is required for lawful admission,[26] and any foreigner who enters or stays in Thailand without lawful admission is subject to deportation.[27]. [21] Equal Rights Trust and Institute of Human Rights and Peace Studies, The Human Rights of Stateless Rohingya in Thailand (2014). [17] The controls placed on Rohingya in Myanmar impede their already limited access to employment, education, health, and trade. Rohingya refugees buried in mass graves in Thailand LESS than 500km from partying tourists in Phuket, a group of people were raped, beaten, killed and buried. Allowing the Rohingya to regularize their status, which would grant access to work permits and the same basic health insurance and work place protection given to Thai nationals, would be a positive initial step. On August 13, 2013, the Thai cabinet considered plans to transfer 1,839 Rohingya prisoners from immigration detention facilities and social welfare shelters to refugee camps that border the boundary between Thailand and Burma. Human Rights Watch is a 501(C)(3) nonprofit registered in the US under EIN: 13-2875808. Push-back, Detention and Deportation of Boat Migrants 45 3.2.3. [3] Statelessness can also make individuals vulnerable to labor exploitation, sexual exploitation, trafficking, and other abuses. Consequently, while other unauthorized migrants have access to work, Thailand effectively discriminates against the Rohingya because of their statelessness. (Bangkok) – Thai authorities should allow the United Nations High Commissioner for Refugees (UNHCR) unhindered access to Rohingya from Myanmar to determine whether they qualify for refugee status, Human Rights Watch said today. Immigration detention should be an exceptional measure of last resort, for the shortest period, and only if justified by a legitimate purpose. Rohingya survivors sitting together at the time of their arrest by Thai security forces on May 7, ©Siam Rath, 2020 A second boat with an estimated 300 Rohingya remains at sea near Thailand’s Koh Adang island, according to the Malaysian Maritime Enforcement Agency. These Rohingya previously fled to Thailand in order to escape the persecution of the Burmese government and the violence that the Buddhist… Rohingya migrants jump to collect food supplies dropped by a Thai army helicopter from a boat drifting in Thai waters off the southern island of Koh Lipe in the Andaman sea on May 14, 2015. Thai authorities arrested at least 12 Rohingya and sent them to the Mae Sot immigration detention facility. The Sea Journeys of Rohingya “Boat People” 37 3.1.2. Thailand also discriminates against Rohingya by refusing to allow them to register as legally documented migrant workers, unlike other people coming from Myanmar. [5] The United Nations High Commissioner for Refugees (UNHCR) has recently reported growing abuse and exploitation faced by the Rohingya as they continue to seek safety outside of Myanmar following violence that erupted in the country’s Rakhine state two years ago. Under international law, everyone has the right to seek asylum from persecution. “The Thai government should scrap its policy of summarily locking up Rohingya and throwing away the key, condemning them to indefinite detention in cramped and unhygienic detention centers now susceptible to a Covid-19 outbreak,” said Brad Adams, Asia director. It is estimated that there are at least 10 million stateless people in the world today. [29] Human Rights Watch, Ad hoc and Inadequate: Thailand’s Treatment of Refugees and Asylum Seekers (2012), pp. Annual Lecture on International Migration. [44]  Given the two unsuitable prospects available under the Immigration Act — return to Myanmar, where they would likely face persecution, and indefinite detention[45] — it is believed that some Thai officials unofficially allowed Rohingya to leave detention centers and travel to Malaysia via smuggling networks. [18] It is estimated that over one million Rohingya live outside Myanmar, most without legal status. 87-89. Some of the Rohingya people in Thailand have managed to start small businesses or get low-paying jobs. When Rohingya refugees hosting in Thailand need the same protection, assistance, education and a safe environment, it's important to serve to present their causes. Some went to Malaysia and were arrested again there.” dm/ds/cb See e.g. Since documentation of nationality is a prerequisite to travel and to acquire immigration status, the Rohingya are essentially unable to rely on legal forms of migration. These migrations were the result of large scale violence against the Rohingya community. 2551 (2008) [Thailand], section 10. The situation has significantly worsened since August 2017, when the Myanmar military committed ethnic cleansing and crimes against humanity against the Rohingya, driving as many as 740,000 into exile in refugee camps in Bangladesh. Detention imposed automatically or otherwise not pursued for a legitimate purpose is considered arbitrary. 2522 (1979) [Thailand], chapter 6 section 54. [33] Alien Working Act, B.E. This renders them unauthorized migrants who are subject to arrest, detention, and expulsion under the Immigration Act. “They are in the brokers' hands and a few have died in the camp. Though international human rights in principle are afforded to all individuals regardless of their citizenship status,[2] in practice the absence of citizenship often prevents the exercise of rights, such as the rights to non-discrimination, freedom of movement, and freedom from arbitrary arrest and detention. [44] Equal Rights Trust and Institute of Human Rights and Peace Studies, The Human Rights of Stateless Rohingya in Thailand (2014), p. 11. These people are probably the ones who have been in Thailand since the 1990s before there was a flood of refugees. [35] Rohingya, however, are also barred from this process because they are not recognized as nationals by any government. Thailand is both a destination and transit country that intercepts Rohingya on their way to third countries. [43] See e.g. Thailand should permit the UN refugee agency to screen all Rohingya arriving in Thailand to identify and assist those seeking refugee status.”. All 35 are now in the Tak IDC. Get updates on human rights issues from around the globe. The Thai government should ensure that its laws, policies, and practices recognize the protection needs of Rohingya asylum seekers, Human Rights Watch said. Join our movement today. Thailand, these asylum seekers are exposed to detention and exploitation. Refugee screening is crucial for protecting Rohingya asylum seekers, Human Rights Watch said. This report was informed by semi-structured interviews with over 20 stateless Rohingya living in Bangkok. [34] This process is an initiative of the Thai government to address the legal status problems of large numbers of irregular migrants from Cambodia, Lao People’s Democratic Republic, and Myanmar. The Rohingya people (/ r oʊ ˈ h ɪ n dʒ ə,-ɪ n-,-ɪ ŋ j ə /) are a stateless Indo-Aryan ethnic group who predominantly follow Islam and reside in Rakhine State, Myanmar (previously known as Burma). Finally, granting UNHCR the ability to conduct refugee status determination for Rohingya would help in establishing the population’s need for international protection. Like its predecessors, the government of Prime Minister Gen. Prayut Chan-ocha has treated Rohingya arriving at the border as illegal immigrants, subject to detention in squalid immigration lockups. Approximately 200 Rohingya are being held in immigration detention and other facilities across Thailand. Reports also indicate Thai officials actually sold Rohingya to smugglers for profit. 59 – 63, at http://www.equalrightstrust.org/view-subdocument/index.htm?id=748; National University of Ireland Galway, Crimes Against Humanity in Western Burma: The Situation of the Rohingyas, Irish Centre for Human Rights (2010), at http://burmaactionireland.org/images/uploads/ICHR_Rohingya_Report_2010.pdf. [14] These include (but are not limited to) restrictions on their movement, forced labor, extortion, discriminatory marriage regulations, and land confiscation. [36] Furthermore, police authority to detain, deport, and fine unauthorized migrants[37] puts the Rohingya in vulnerable positions where they can be forced to pay bribes to avoid these actions. 22-24 in National University of Ireland Galway, Crimes Against Humanity in Western Burma: The Situation of the Rohingyas, Irish Centre for Human Rights (2010), at http://burmaactionireland.org/images/uploads/ICHR_Rohingya_Report_2010.pdf, [13] Burma Citizenship Law 1982, at http://www.refworld.org/docid/3ae6b4f71b.html, [14] Discrimination against Rohingya in Myanmar is well documented. UNHCR has the technical expertise to screen for refugee status and the international mandate to protect refugees and stateless people. Help us continue to fight human rights abuses. However, under international law, Thailand cannot summarily disregard the claims of asylum seekers who arrive at its borders. The government’s inhumane policy of holding Rohingya arriving in Thailand in indefinite detention should be immediately repealed. Hundreds of thousands of Rohingya, who have been effectively denied citizenship in Myanmar, have fled repression and dire poverty. Rohingya in Thailand 37 3.1.1. Copyright 2021 The Center for Migration Studies (CMS). Nay Myo Amyoke, 35, a Rohingya from the Rakhine city of Sittwe who has been living in Thailand for four years, has lost several friends to traffickers since January 2013. [5] UNHCR Policy Development and Evaluation Service, States of Denial: A Review of UNHCR’s Response to the Protracted Situation of Stateless Rohingya Refugees in Bangladesh (2011), p. 3. [40] According to Human Rights Watch, human traffickers “operate with impunity” in Thailand and target Rohingya seeking to travel to Malaysia.[41]. Rohingya camps in Bangladesh and Thailand, worlds apart. [30] Human Rights Watch, Ad hoc and Inadequate: Thailand’s Treatment of Refugees and Asylum Seekers (2012). See Equal Rights Trust and Institute of Human Rights and Peace Studies, The Human Rights of Stateless Rohingya in Thailand (2014). [29] As a result, Rohingya tend to live in cities outside the designated camps as urban refugees[30] and are not formally recognized as refugees by the Thai government. Please give now to support our work, End Inhumane Indefinite Detention of Asylum Seekers. Rohingya are ethnically from the Rakhine State in Myanmar, previously known as Arakan. Thailand is obligated to allow them to enter the country and seek protection. Approximately 28,000 Burmese Rohingya are registered as living in two official refugee camps in Fortify Rights, Policies of Persecution: Ending Abusive State Policies Against Rohingya Muslims in Myanmar (2014), at http://www.fortifyrights.org/downloads/Policies_of_Persecution_Feb_25_Fortify_Rights.pdf; Equal Rights Trust, Unravelling Anomaly: Detention, Discrimination and the Protection Needs of Stateless Persons (2010), pp. More than half of them were boat people who took the dangerous journey across the Indian Ocean to Southeast Asia beginning in 2015, while the rest travelled in smaller groups overland to Thailand at about the same time. [31] This effectively placed the Rohingya in a protection gap excluding them from protection from both the UNHCR and the Thai Provincial Admissions Board. [42]Aljazeera, “Myanmar Rohingya refugees rescued in Thailand”, Aljazeera (January 11, 2013), at http://www.aljazeera.com/news/asia-pacific/2013/01/201311184320327355.html. After completion of the process, registered migrant workers are allowed the same basic health insurance and protection given to working Thai nationals. However, in recent years, Thailand’s most visible nexus to the grave human rights situation in Myanmar has been the situation of the Rohingya. Therefore, an organization call 'Burmese Rohingya Association in Thailand-BRAT' was founded by Rohingya people living in Thailand … In Burma, there are approximately 750,000 stateless Rohingya in Northern Rakhine State. 2522 (1979) [Thailand], chapter 6 section 54,at http://www.refworld.org/docid/46b2f9f42.html, [28] The Border Consortium, “Refugee and IDP Camp Populations: January 2014”, at http://theborderconsortium.org/camps/2014-01-jan-map-tbc-unhcr.pdf. Thailand also agreed to offer humanitarian assistance to Rohingya refugees and convened a regional conference on Rohingya and Bangladeshi migrants, which indirectly blamed Myanmar. “The Rohingya have been brutally persecuted in Myanmar. Rohingya refugees in Bangladesh and Thailand 7 Historical background The Muslim population from the Northern Rakhine State in Burma is known as Rohingya. [12] The Rohingya were deprived of their nationality in 1982 by Myanmar’s Citizenship Law which denied them citizenship and effectively rendered them stateless. Rohingya. [32] Alien Working Act, B.E. These MOUs regularize migrant worker status through a registration processes. Police in Thailand have arrested 15 Rohingya Muslims on charges of illegal entry and are investigating the possibility that they could be victims of human trafficking. [1] UNHCR 2014, Protecting the Rights of Stateless Persons: The 1954 Convention relating to the Status of Stateless Persons (2010). Thailand can tell Myanmar [because] Thailand has people from different religions and ethnic groups living together in peace, which brings development and respect from all over the world. Responsibility for the security of the Rohingya rests primarily with the Myanmar government, but extends to the countries where they seek refuge, Human Rights Watch said. Additionally, stateless individuals have difficulty obtaining access to employment, housing, education, healthcare, and travel. [9] Chris Lewa, “North Arakan: an open prison for the Rohingya in Burma”, Forced Migration Review 32 (2009), p. 11. [23] There is an estimated 3000 settled Rohingya living in Thailand. [38] Equal Rights Trust and Institute of Human Rights and Peace Studies, The Human Rights of Stateless Rohingya in Thailand (2014), p. 15. [23], Both the settled Rohingya in Thailand and those traveling through the country face problems related to their statelessness which influence their security. 2522 (1979) [Thailand], chapter 2 section 12, at http://www.refworld.org/docid/46b2f9f42.html, [27] Immigration Act, B.E. Lack of documentation compels Rohingya to rely on smugglers to travel outside of Myanmar, leaving Rohingya susceptible to trafficking and forced labor. Many of those prosecuted were involved in transporting Rohingya and Bangladeshis within Thailand, where they were routinely held captive in Thai jungles until … [15] UNHCR Policy Development and Evaluation Service, States of Denial: A Review of UNHCR’s Response to the Protracted Situation of Stateless Rohingya Refugees in Bangladesh (2011), p. 7. [35] Hall, Andy “Migration and Thailand: Policy, Perspectives and Challenges”, in Thailand Migration Report 2011, eds. More recently, a Thai military officer indicated that the Thai navy would once again push back boats carrying Rohingya refugees should they arrive in Thai waters. Arrests and Deportations of the Long-Term Population 43 3.2.2. Lydio F. Tomasi, C.S. [9] Their historical presence in Myanmar is a contentious issue. Differences in how the two countries have treated the persecuted Rohingya could not be more stark. “The Thai government should recognize the plight of Rohingya and allow them access to desperately needed protection.”, Women’s Access to Health Care in Afghanistan, China’s Crimes against Humanity Targeting Uyghurs and Other Turkic Muslims, Human Rights Watch defends the rights of people in 90 countries worldwide, spotlighting abuses and bringing perpetrators to justice. Indonesia: Drop Charges, Release Peaceful Papuan Activist, “I Would Like Four Kids — If We Stay Alive”. Since 2004, some unauthorized migrants have had the opportunity to regularize their status through a national verification process which allows them to obtain work permits. [2] Human Rights Committee, General Comment No. [18] In addition to the steady flow of Rohingya refugees over several decades, there have been three mass exoduses (in 1978, 1992, and 2012-2013) from Myanmar. 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