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ON TEMP. PROTECTION OF REFUGEES IN



Subject: ON TEMP. PROTECTION OF REFUGEES IN THAILAND (6/4/94)

/* Written 1st Nov 7:00am 1995 by DRUNOO@xxxxxxxxxxxx (DR U NE OO) in  igc:reg.burma */
/* --------" Temporary Protection of Refugees in Thailand "------ */

Following is a communication regarding the protection of Burmese refugees
in Thailand. Although the Royal Thai Government is not a signatory to
1951 Convention regarding status of refugees, they can arrange some
form of temporary asylum for Burmese nationals. The protection issue
will be much difficult since the refugees are mixed with displaced
Burmese. We should, however, be hoping the UNHCR to give protection
to the ethnic minorities in the camps and political exiles at least.

With best regards, U Ne Oo.
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% FILE: NEWSLETTER.TEX
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Action Proposal for Burma (Internal Communication)
--------------------------------------------------
Date: April 6, 1994.
To Individuals: & Groups : CRDB(Australia), T.R.W.(WA), 
Australia Burma Council, H.R.W.(New York), Burma Action(SA) 

 I wish to thank all of you for writing to UN Special Rapporteur,
Professor Y. Yokota( Newsitem included). Here again, your kindful support
being called upon for the Burmese refugees in Thailand. Provided are a
summary of Burmese refugee crisis in Thailand with related news items, the
brodcasts and discussions. Sources report that the Royal Thai Government -
especially Thai Prime Minister's Office and Foreign Ministry - are
increasingly sympathetic to Burma situation. I therefore believe the
encouragements from all of you can be a determining factor in granting
asylum to Burmese refugees. Please give your support to this matter. 

Call for Action: To write letter to the Prime Minister Chuan Leekpai,
Government House, No 1. Phitsanuloke Road, Dusit, Bangkok 10300,
Thailand. Fax: 66 2 280 0858.

And please send copy to Ms Sadako Ogata, UN High Commissioner for Refugees, 
Case Postale 2500, CH-1211 Geneve 2 - Depot, Switzerland.

1) Please raise your concern for the plight of displaced Burmese people 
in Thailand, with emphasis on the welfare, integrity of person and 
other humanitarian concerns.
 
2) Urge the Royal Thai Government(RTG) to grant a temporary
 asylum to all displaced Burmese people in Thailand.  Encourage the RTG to
solve the Burmese refugee crisis in cooperation with UNHCR. 

General Information
 ------------------- 

According to official sources, the total number of displaced Burmese in
Thailand is 420,000 [1] which actual number may be higher. The RTG
classify displaced Burmese into 3 categories: Burmese students(political
refugees), Displaced persons (ethnic refugees) and Illegal
immigrants(including Burmese prostitutes). 

Burmese Students
----------------

Mainly the students who participated in 1988 pro-democracy demonstrations
and then fled to ethnic rebel forces at Thai-Burma border. The hardships
in the jungles forced them to move further into Thailand. The total number
of them is reported as 2500[1]. These students are not being recognized as
`refugees' but rather as `persons of concerns to UNHCR' which virtually
receive no better protection than illegal immigrants. 

In late 1991, the RTG has adopted a policy to accommodate all Burmese
students in the refugee camp in Ratchaburi province commonly known as
`Safe Area'. The students who registered with the Thai Ministry of
Interior(MOI) are permitted to go to this camp and UNHCR provide
assistance. However, most Burmese students have refused to go to the camp. 

One of the underlying resons seems to be the forced repatriation of 328
Burmese refugees from the Tak province in January 1989. This incidence
took place just after an official visit of General Chavalit who, then was
Commander in Chief and now the Minister of Interior, returned with fishing
and logging concessions form Burma. Since then, the bilateral relation
between Thailand and Burma have been improving and the two governments are
working in close cooperations. Therefore, the Burmese students in Bangkok
have suspicions about the RTG's offer, refuse to go to the `Safe Area',
prefer to keep low profile and stay as illegal immigrants. 

Ethnic Refugees
---------------

The ethnic minorities(Karen, Mon and Karenni) have fled into Thailand
since 1984. Their camps scatter along Thai-Burma border and total number
is 70,000 [1]. Many of them are farmers, including some family and close
relatives of ethnic freedom fighters inside Burma. The RTG recognize them
as `displaced people', allow informal stay on Thai territory and grant
limited freedom of movement. The RTG, however, do not allow the UNHCR to
set up office to assist these refugees camps. The NGOs from various church
groups provide humanitarian assistance to these refugees. 

As the bilateral relation between Thailand and Burma continue to improve,
the RTG increase pressure on the ethnic refugees and especially on the
rebels operating along Thai-Burma border. In recent months, the pressure
was increased further on the ethnic rebels to make ceasefire agreement
with SLORC. The Mon refugees in particular are forced to move camps and
being pressured to return to Burma. In March, the Mons protested against
these measures which appear to link with the construction of the gas
pipeline inside Mon ethnic rebel's territory [2]. 


Illegal Immigrants
------------------

Since 1988, people whose normal inhabitant is deep inside Burma are moving
towards Thai provinces adjacent to Burma. Their number significantly
increases after 1990-91 election crackdowns. Their main cause of flights
are the supporter of the opposition party, forced labour, unfair taxation
and bribery, the livelihood seriously disrupted by the Government's
counter insurgency campaign. These people are clearly the victims of gross
and persistent violations of human rights in Burma and who found life is
impossible under SLORC. The RTG classify these new comers as `illegal
immigrants'. 

These new comers are not being absorbed by the ethnic refugee groups whose
camps are located along Thai-Burma border, a fact that highlights the
limited ability of NGOs to cope with new comers. These refugees
nevertheless found the Thai businesses as their rescue. These refugees
work at Thai businesses at substantially low wages and manage to survive
(daily wages of refugees is reported to be 50 baht/day , the national
minimum wage in Thailand 132 baht/day, a daily newspaper cost 12 baht)[2]. 

Since RTG classify these displaced people as `illegal immigrants', these
people are more vulnerable of abuse and exploitations. Anyone who disobey
or make protest at work will be fined for illegal entry and then deported
back to Burma. The Asia Watch, for example, criticise this policy of RTG
as the one that maintain the compliance of refugees and encourage the
exploitations. Since last June, the local Thai authorities allow these
Burmese to register for entering Thailand (now official total 350,000)[1].
At the same time, however, Thai authorities are deporting them on a
regular basis (see report on {\em Re:On the deportation of Burmese
refugees from Thailand}[4]). 

Burmese Prostitutes
-------------------

Thai businesses are not alone in exploiting the fear and vulnerability of
Burmese refugees. Such despicable act of exploiting the fear of `being
deported back to Burma' and the vulnerability of `illegal immigrants in
Thailand' has been thoroughly repeated upon Burmese prostitutes by Thai
pimps and underworld traffickers. Details of Burmese women miseries who
have been caught in the Thai brothels are documented in the Asia Watch
report `A Modern form of Slavery: trafficking of Burmese women and girls
into brothels in Thailand'. Here is a short summary: 

The young girls and women from Myanmar are `sold' to Agents at Thai border
towns. These girls are lured into Thailand by brokers inside Burma but in
some cases by the parents or relatives. The girl's family in return
receive `present' from the Agent who also promise works in Thailand as
waitresses, laundresses and house keepers. These girls are instead brought
into brothels as prostitutes. The brothel owner consider the monies paid
to the girls family as a `debt' owe to him. Being forced to serve as
prostitutes, these Burmese girls have been continually transported from
one brothel to another in order to have the `debt' repaid. Inhumane
working conditions as well as refusal to give medical attention to Burmese
prostitutes are common in these brothels. There are numerous reports of
forced miscarriage, physical abuses and illegal confinements upon Burmese
prostitutes. Abuses by Thai pimps can not be reported to the police, since
these girls are aliens and prostitutes. 

Some girls rescued by NGOs told that they had tried to run away from
brothel. However, since they cannot speak Thai or English and have not had
enough monies, the local Thais and police simply sent them back to brothel
owner. The only escape is the brothel being raided by police; and these
girls are detained in the Immigration Detention Centre and then released
upon paying fine for illegal entry to Thailand. 

The inhumane working condition, combining with the condition of debt
bondage and impossibility to escape tantamount to slavery for these girls,
as Asia Watch have concluded. 

In Closing
----------

The reader may be able to notice now that a common fear for all displaced
Burmese - from political activists to prostitutes - is being deported back
to Burma. Unfortunately, this fear of refugees have been exploited by the
Thai businesses as well as brothel owners. 

The RTG's attitude towards these displaced people is in no way lacks
sympathy or generosity. The RTG appear to be doing what it can to help
refugees and try to solve the problem. However, the Burmese refugee
problem has evolved into a major crisis which evidently is of beyond the
Thailand's capacity. The problem is growing to become a threat to the
regional security. The international community must, therefore, be called
upon to resolve the Burmese refugee problem. 

Since Thailand is not a party to the 1951 international conventions
relating to the Status of Refugees or to that of 1967 protocol, the UNHCR
can not assist these refugees in practice. The root cause of the problem
does boil down to the RTG in not respecting the Civil and Political Rights
that guarantee freedom to seek asylum from persecution. However, the RTG
is not alone in failing to protect refugees and not having a consistent
laws to deal with unregulated population flows.  Looking in a broader
perspective, these nearly half million displaced Burmese, at their best,
are being able to roam free on Thai soil and seek helps from local Thai
communities. It is therefore of opinion that we should not push the RTG on
human rights ground. Our concerns should appropriately be raised upon the
humanitarian ground. The UNHCR should be called upon to protect all the
displaced Burmese in Thailand and to assist their temporary stay. 

Although Thailand is not a signatory to the international conventions
relating to the Status of Refugees, the RTG can enact a special
legislation to protect refugees. The Vietnamese, Cambodian and Laotian
refugees, for example, have the United Nations' protection under this
special legislation known as `the Comprehensive Plan of Action(CPA) for
Indo-Chinese refugees' and get their repatriation organized by UNHCR. The
RTG should be called upon to enact a special legislation which is similar
to that of CPA and let the UNHCR handle the affair of Burmese refugees. 

Documents
---------
 1. Far Eastern Economic Review, December 16, 1993.\\
 2. The Nation, February 14, March 11, March 14, 1994.\\
 3. V.O.A Broadcasts, March 17, March 25, 1994.\\
 4. Discussion on soc.culture.thai, March 11, 1994.\\


/* Endreports */