Thailand’s MOU focuses on refugee and migrant children but fails to make provisions to address
family separation. Mothers in detention are granted release to reunite in holding shelters with
their children who are also being held in immigration detention, upon a cash bail payment of
$1,500. This is too costly for most people, particularly those who do not have the right to work
in Thailand. In addition, the bail provision for family reunification is wholly unavailable to fathers
being held in immigration detention.108 There is also a lack of transparency and information about
people who remain in detention, and despite the MOU’s provisions civil society organizations
regularly have to intervene in specific cases to argue for the release of children and their mothers
under the MOU.
INDONESIA
Since 2010, Indonesia has increasingly moved toward using alternatives to detention. On
December 31, 2016, Indonesia’s president signed a declaration designating immigration
detention centers as registration facilities for asylum seekers and refugees. The
immigration detention centers’ primary task is to collect data on asylum seekers, rather
than to confine asylum seekers for a long period of time. Where an individual declares
themselves to be a refugee, the immigration detention center coordinates with UNHCR
Indonesia and facilitates their transport to shelters alongside the local regency or
municipal government. On July 30, 2018, the Directorate General of Immigration (DGI)
issued a circular letter on “Restoring the Function of Immigration Detention Centres.”
This emphasized that the function of immigration detention centers is to temporarily
confine irregular immigrants who are subject to administrative measures, rather than to
serve as a shelter for refugees and asylum seekers.
ACCESS TO BASIC RIGHTS AND ENTITLEMENTS
For individuals who lack or are unable to obtain legal status, there are serious barriers to
accessing and enjoying basic rights and entitlements, including enrolling in and attending
schools, receiving work authorization, and receiving health care services from public providers.
These challenges often stem from a lack of civil registration documentation: birth certificates,
passports, and other forms of government-issued identification.
While all people have the right to receive an education, engage in work to sustain and improve
their livelihoods, and receive basic health care services in accordance with the Universal
Declaration of Human Rights and other international law instruments to which the countries
surveyed here are bound, bureaucratic hurdles coupled with the general lack of national
legislative frameworks for identifying populations with protection needs represent key obstacles
to providing universal access to these basic rights and entitlements.
Recognizing the shortcomings regarding enforcement and justiciability of the rights laid out
within instruments of international human rights law, this section examines a number of positive
practices at the national level. These practices—whether in the form of judicial, administrative, or
discretionary decisions; regional instruments; or civil society movements—are primarily relevant
to noncitizen stateless and refugee populations, but may also extend to other marginalized and
underserved communities.
29
UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents