After years of seemingly never-ending conflict
and repression, Myanmar's neighbours and the world are watching the
changes there with interest and cautious optimism. And for the 140,000
Myanmar refugees in Thailand, many stuck in camps on the border for
decades, there is now some hope that they might be able to go home.
Myanmar refugees eagerly await the arrival of democracy icon Aung San
Suu Kyi at Mae La refugee camp near the Thai-Myanmar border in June.
Human RightsWatch says it is not too late for Thailand to change course
and adopt a policy that will support a positive future for the refugees
within its territory.
Myanmar's President Thein Sein last year called for exiles to return
as his government and nearly all ethnic armed groups signed preliminary
ceasefire agreements. But enormous obstacles remain, including a lack of
firm political settlements, landmines and still-blocked access of the
UN refugee agency UNHCR to the Myanmar side of the border.
To its credit, Thailand is still waiting to see how the situation in
Myanmar develops and does not yet appear to be pushing for hasty
returns. Now is a good time for Thai officials to think creatively and
strategically about how best to prepare refugees for eventual
repatriation and reintegration in Myanmar.
For decades, Thai policy has been to keep refugees idle in nine camps
along the Thai-Myanmar border by restricting their movements and
prohibiting them from working. This was a proven recipe for social
dysfunction in the camps and has all but ensured that many refugees will
be ill-prepared to reintegrate successfully when they do go home.
Most of the camps are in isolated mountain locations, accessible only
by dirt roads. Some are overcrowded, and all of the camps have seen
cuts in basic assistance, such as food and shelter, from donors who are
shifting their attention to programmes inside Myanmar. The isolation of
the camps contributes to an environment ripe for abuse of power and
impunity, including by Thai officials who are mandated to protect the
refugees.
Many of the better-educated refugees, such as teachers and health
workers, have been resettled to countries outside the region, leaving a
residual camp population with fewer coping skills. After so many years
with restrictions on movement and dependency on outside aid, many camp
residents experience domestic abuse, depression and other social and
mental health problems.
The government regards refugees who venture out of the camps as
illegal aliens, in part because there is no Thai law that gives legal
recognition to refugee status. They are subject to arrest on the street,
in the workplace and in their homes.
A 33-year-old Karen man living in Mae La camp told Human Rights Watch
about his experience when Thai police arrested him: "They asked for
money. I said, 'I don't have money'. Then one started to beat me."
Police, soldiers and paramilitaries who apprehend camp residents
outside the camps either return them to the camps after exacting bribes
or forced labour, or send them to immigration detention centres for
deportation to Myanmar.
Refugees can only work legally in Thailand if they remain silent
about their refugee claims and present themselves as migrant workers.
This leaves Myanmar refugees with a stark and unfair choice: either
remain in one of the remote refugee camps and be relatively protected
from arrest and deportation, but without freedom to move or work, or
leave the camp to live and work, but typically without recognised legal
status and at risk of exploitation, arrest and deportation.
Thailand should consider an alternative to its current refugee policy
that would provide Myanmar asylum seekers and all others a fair chance
to have their claims for asylum heard. It should also allow refugees to
move about and work. Such a policy would contribute to rule of law and
reduce opportunities for corruption and exploitation.
As a start, Thailand should work with UNHCR to establish a fair and
transparent refugee screening and registration system for unregistered
people living in the refugee camps.
The government should engage with refugee leaders, non-governmental
organisations, UNHCR and donors for an orderly transition from a
closed-camp model to an open-camp model that empowers refugees to become
self-sufficient and prepares them to reintegrate successfully in
Myanmar when they are able to repatriate. It is not too late for
Thailand to change course and adopt a policy that will support a
positive future for the refugees within its territory.
Whatever the longer-term prospects for self-sufficiency or return,
the government should immediately ensure that all refugees, including
those living in camps, have full access to the Thai justice system and
that police and other security officials who abuse their authority by
extorting and abusing refugees and migrants will be appropriately
disciplined or prosecuted.
A policy that respects the refugees and engages them in
decision-making and in developing their skills will not only benefit
Thailand in the short term but will also pave the way for voluntary and
sustainable repatriation that will engender good will towards Thailand
after the refugees go home. Bangkok Post
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