Legal Services
Background on Thailand
Thailand has not signed the 1951 United Nations Convention Relating to the Status of Refugees. In consequence, refugees and asylum seekers are considered illegal immigrants in Thailand, making simple integration by these individuals impossible. For that reason, the BRC offers legal protection and assistance to urban refugees. The BRC’s legal advisor works to ensure that urban refugees and asylum seekers are granted their basic human rights. His work includes interventions and negotiations with the Thai police, as well as judicial process such as issuing marriage, birth and death certificates.
What this means for Refugees
Refugees and asylum seekers confront several obstacles in Thailand. Their illegal status prevents them from working, leaving most refugees and asylum seekers destitute, the legal officer explains:
“The livelihood of the refugees and asylum seekers in Thailand is difficult. Asylum seekers pay a lot of money to support themselves while the UNHCR follows up their case and finally accepts them as a refugee. Sometimes there is a waiting time of a year. Even after being recognized as a refugee, they still have to wait for the resettlement process to be recognized as a legal citizen where they are able to work and be active in their communities. But resettlement depends on the individual’s claim and case. The minimum waiting time is an average of six months, and in this time, the refugee must use their own money to pay for their lodgings which includes monthly payments and a security deposit. But when a refugee feels unsafe due to police visits and moves, another deposit fee is again paid.”
In addition, refugees and asylum seekers face a number of legal issues:
“All refugees and asylum seekers registered with the UN should have their UNHCR certificate. When the police approaches them asking for their documents [passport and visa], the refugee only has his/her certificate to show. The police know that a legal foreigner will always carry a passport and visa. After seeing that the refugee does not have their documentations and only has their UNHCR documents, they can either decide to call the UNHCR for any explanations. If the police do not call the UNHCR, they will arrest the refugee and asylum seeker and give them a chance to call friends or family to inform them of their arrest. The UNHCR is then notified about their arrest and the negotiating process and intervention starts. That is why the refugee should hold their original UNHCR certificates and should not carry a copy. If they do, the Thai authorities might think that the copy is a fake document because the photo is not identifiable and lose respect along with credibility of the UNHCR.”
In his five years working for the BRC, the legal officer has seen several improvements in his sector, such as an increase in the UNHCR’S willingness to respond to the problems of asylum seekers and refugees and a growing respect for the UNHCR from the Thai police.
Anonymity is extremely important to refugees and asylum seekers. Along with the difficulties that refugees and asylum seekers face on the streets, they also meet a number of risks involving their identity and whereabouts. If information or a picture relating to a refugee or asylum seeker is released, it can potentially disclose the location and jeopardize the security of that individual. For that reason, a limited number of pictures and names of the BRC’s refugees and asylum seekers appear on this website, as well as other BRC materials.
There are several reasons why refugees find themselves in Thailand. Because the UNHCR Thai promotes resettlement, it appeals to asylum seekers. It is not hard to obtain a tourist visa and the environment is appealing and welcoming because it is easy to blend in with the tourists, says the legal officer. Some find themselves in Thailand because it is where they were left by the human trafficker.
In the future, the legal officer hopes to be able to expand the legal services provided to more efficiently attend to the large case load which currently cannot be done due to the low budget. He also hopes that the BRC will have more coordination and cooperation with the UNHCR to have a “continuous follow-up on the protection and problems of the refugees and asylum seekers.”
