What We Do

Global Needs Assessment

2011 UNHCR country operations profile - Thailand

Working environment

The context

The volatility of the political and social climate in Thailand poses challenges for UNHCR as it advocates for policies favourable to refugees. While Thailand has over the last four decades been a major country of asylum, sheltering some 1.3 million refugees, it is not party to the 1951 Refugee Convention. Currently, the country hosts some 100,000 refugees from Myanmar who have been registered, and an estimated 53,000 who have not, in nine camps along the Thai-Myanmar border.

Groups of new arrivals, ranging from a few hundred to several thousand, have entered Thailand in the past year. Sporadic fighting in the border area of south-eastern Myanmar continues. Admission to the refugee camps on the Thai side of the border is governed by a national screening mechanism, but the number of those who are not registered continues to grow. Refugees and asylum-seekers living outside the camps are considered illegal migrants under Thai law, and are at risk of arrest, detention and deportation.

UNHCR has observed a marked erosion of the protection space for all groups of concern over the past two years, with some notable incidents of forced returns. In particular, no progress has been made in finding solutions for the Muslim residents from Myanmar northern Rakhine State who arrived in Thailand by boat in January 2009 and who remain in detention.

Thailand is at the centre of numerous migratory movements in the region, and the country hosts an estimated two million migrants, with a blurring of the distinction between those arriving for economic reasons and asylum-seekers.

There are no official figures of the number of stateless people in Thailand and estimates from non-governmental sources vary. The Royal Thai Government and UNHCR will hold consultations on the issue. Although Thailand is not party to the Statelessness Conventions, amendments to the Civil Registration Act in 2008 provide for universal birth registration. This allows for the issuance of birth certificates to all children born in the country, regardless of the status of their parents, and will substantially help prevent statelessness.

The needs

The situation of refugees from Myanmar in camps in Thailand is one of the most protracted in the world. These refugees have been confined to nine closed camps since they began arriving in the 1980s. According to Thai law, those found outside the camps are subject to arrest and deportation. Refugees in Thailand are not legally permitted to engage in gainful employment.

The prolonged stay of Myanmar refugees in camps has created many social, psychological and protection concerns. The coping mechanisms of refugees have been eroded, and the restrictions imposed on them have increased their dependence on assistance.

However, third-country resettlement, which commenced in 2005, has provided resettlement solutions for more than 65,000 individuals, and some 10,000 more departures are expected in 2011.

In spite of these efforts, there is a steady flow of new entrants into the camps. The Office will continue to work with the Government to find durable solutions for refugees and ensure that asylum-seekers have access to fair and efficient asylum procedures. A pilot pre-screening exercise resulted in the completion of over 11,000 interviews with unregistered persons in 2009. Further implementation of the pilot exercise is being discussed with the Government as well as processing by the national admission boards of unregistered people who have close family links with registered cases.

UNHCR conducts refugee status determination (RSD) under its mandate for all urban asylum-seekers, with the exception of those from Myanmar, for whom a camp-based Government-led procedure is in place.

There are more than 2,600 urban refugees and asylum-seekers from 40 different nationalities in Thailand, with the number growing at a rate of 90 persons a month. Fear of arrest, intimidation by the host community, extreme poverty, exploitation and lack of educational opportunities are some of this group's main concerns. Asylum-seekers and refugees are subject to indefinite detention under Thailand's immigration laws. Some 5 per cent of the urban caseload, including a number of children and refugees suffering from serious medical problems, are currently held in immigration detention. UNHCR will strengthen its interventions and advocacy to address these serious issues.

Main objectives and targets

Favourable protection environment

Ensure access to asylum, protection and physical security for all people of concern.

• Procedures for Government registration and admission to refugee camps are improved. By ensuring fair and efficient standards for the admission, screening and protection of Myanmarese asylum-seekers, both unregistered camp residents and new arrivals are able to have their claims assessed in a timely manner.
• The administration of justice in the camps is improved; refugees and asylum-seekers have access to judicial and legal remedies as well as traditional justice mechanisms.
• UNHCR is able to meet and provide protection to asylum-seekers and refugees held in detention.

Strengthen national bodies and procedures in support of a national protection regime.

• Refugees are protected against refoulement, are physically safe and are not subjected to any form of violence.
• Birth certificates are progressively issued to all refugee children born in the country.

Fair protection processes

Streamline refugee status determination (RSD) procedures for various groups of non-Myanmarese asylum-seekers.

• Urban asylum-seekers have access to fair and efficient RSD procedures.

Security from violence and exploitation

Reduce the risk of sexual and gender-based violence and improve the quality of response.

• Refugees with specific needs, especially women and children, benefit from enhanced protection against sexual and gender-based violence through the strengthening of prevention and response mechanisms in the camps.

Strengthen the protection of children.

• All unaccompanied and separated children are properly identified, registered, monitored and protected.

Basic needs and services

Improve the social and economic well-being of refugees.

• Urban refugees and asylum-seekers enjoy basic medical care and referrals to local hospitals.
• Refugee children have access to primary, secondary and higher forms of education; adults can benefit from non-formal education.
• Refugees enjoy HIV and AIDS services, and prevention and awareness-raising activities are implemented.

Community participation and self-management

Strengthen self-reliance and livelihoods.

• Refugee adults and adolescents have more opportunities to engage in income-generating activities, use their vocational skills and benefit from non-formal education.

Durable solutions

Expand the search for durable solutions for refugees.

• The use of resettlement as a protection tool, as a durable solution and as a responsibility-sharing mechanism is maximized.

Strategy and activities in 2011

For the camp-based population of Myanmar refugees, UNHCR's strategy will focus on consolidating protection activities. This will mean increasing border monitoring to prevent and supporting State efforts to improve the national screening mechanism for Myanmar asylum-seekers. Protection leadership will be strengthened through advocacy and interventions with the authorities.

UNHCR will continue to engage relevant actors, including governments and donors, in discussions to support policy changes aimed at finding durable solutions and increasing the protection space. The Five-Year Strategy developed by UNHCR and the Committee for Coordination of Services to Displaced Persons in Thailand is being used as a platform for discussion amongst the various stakeholders involved in providing protection and assistance to Myanmar refugees along the Thai-Myanmar border. The document continues to be reviewed and regularly updated.

In the absence of a national mechanism to process the claims of non-Myanmar asylum-seekers, UNHCR will continue to register and conduct RSD for urban refugees. The Office will also monitor the rights and well-being of people of concern, intervening with the national authorities on their behalf and striving to meet their basic needs, including medical care and educational support.

UNHCR will continue its advocacy efforts aimed at sensitizing the Government to statelessness issues, and raising awareness among all stakeholders. Efforts to identify stateless groups, assess their protection needs and help them enjoy their fundamental rights, including access to documentation, will continue.

Constraints

Refugee issues are likely to remain low on the national agenda and Thailand's refugee policy will continue to be shaped by security concerns and bilateral considerations. It is also assumed that the intermingling of economic migrants and people of concern to UNHCR will continue. The overall protection environment in Thailand is set to remain uncertain, marked by detention and a shrinking of the asylum space for urban refugees and asylum-seekers.

There has been little progress in obtaining greater access for refugees to the labour market, and opportunities for higher education will probably remain limited. Sustained advocacy will be required to enhance the self-reliance of refugees pending durable solutions.

Organization and implementation

Coordination

The refugee situation in Thailand requires careful coordination with key stakeholders. UNHCR relies on its international and local humanitarian partners to help it respond effectively to protection needs, overcome political constraints and advocate for favourable policies towards refugees. The border assistance operation, which provides for some 160,000 refugees and asylum-seekers from Myanmar, is mainly implemented by some 18 international and local NGOs. These organizations work closely with UNHCR and operate under the guidance of the Committee for Coordination of Services to Displaced Persons in Thailand. Cross-border situational coordination between UNHCR Offices in the region is also being improved.

Financial information

The budget for the Thailand operation has grown steadily over the past five years. The Regional Office in Thailand continues to strengthen its capacity by consolidating regional posts in Bangkok. The Office serves as a base for regional officers who provide support functions to the region in the fields of protection, protection training, registration, resettlement, HIV and AIDS, public information and community services, under the overall coordination and supervision of the Regional Coordinator.