With its vibrant culture and welcoming ambiance, Bangkok opens its doors to all manner of individuals, including Vietnamese refugees seeking temporary sanctuary. However, the journey these refugees face in this place, far removed from their homeland, is filled with uncertainty and fears of arrest or deportation. This grim situation arises from the fact that Thailand has refrained from becoming a signatory of the UN Refugee Convention, resulting in a diplomatic blind spot that fails to discern a meaningful distinction between refugees and other migrants. Consequently, many unfortunate souls face a daily struggle for survival, ever fearful of detection.
In an attempt to rectify this situation, a revamped and sophisticated process has been created and is expected to be rolled out soon. The primary mission of this system aims to differentiate between those who face genuine danger should they return to their native land and individuals who have entered Thailand illegally. Despite the good intentions behind this setup, its impending implementation is causing jitters among refugees and human rights activists alike. The primary worry revolves around the possibility of misuse or, worse, expedited persecutions.
Residing in this environment of fear is Sung Seo Hoa, a Vietnamese pastor and a member of the Hmong minority from Vietnam. His flight from Vietnam dates back to 12 years ago when he escaped the oppressive communist regime. Today, he lives in constant fear of arrest and deportation, a sentiment echoed by fellow refugees. These shared worries make the prospect of undergoing the new screening process too treacherous to entertain.
The soon-to-be-adopted National Screening Mechanism brings to the table a host of changes. Urban refugees and asylum seekers mainly will be screened by Thai police. The lucky ones to be granted protection will be eligible for temporary residence permits, healthcare facilities, and school enrollment for children. However, the concession noticeably excludes the right to work. Moreover, certain loopholes tied to national security concerns could adversely affect groups such as Uyghurs from China, Rohingyas from Myanmar, and North Koreans, as reported by the Bangkok Post.
Phil Robertson, the deputy director for Asia at Human Rights Watch, expressed grave concerns about potential abuses that could stem from police overseeing the screening committee. He also aired worry about the transparency with said loopholes. According to him, the government may opt to bypass screening certain individuals in the name of national security, abstaining from providing an explanation.
One of the darker fears plaguing this new system is the potential for it turning into a pay-to-play scheme, where status is bought, not earned. Furthermore, required criminal background checks could unjustly trap Myanmar’s anti-coup activists facing groundless criminal charges.
Patrick Phongsathorn from the advocacy group Fortify Rights pointed out that Thailand’s past instances of deporting refugees, such as sending back 109 Uyghurs to China in 2015, have fueled existing mistrust. He criticized regional governments’ despicable cooperation in removing each other’s dissidents—likening the practice to a swap shop.
Thailand’s Department of International Organisations stated that privacy respect and confidentiality are maintained as core principles and there would be no cases of returning rejected applicants to their home countries, in line with the principle of non-refoulement. Unsuccessful applicants are allowed to appeal against rejections within 90 days.
Uncertainty clouds over the UN High Commissioner for Refugees’ future role in the new system. Currently, the agency handles screenings and has expressed it’s been working to establish a just, efficient, and transparent mechanism in Thailand, falling in line with international standards.
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