COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES DETENTION PROCEDURES FOR NEW DETAINEES The RTG have put in place precautions to avoid the introduction of the virus into detention centres from newly admitted detainees. These include ensuring that immigration officers who work closely with new detainees wear personal protective equipment, face masks or face shields, and gloves. The officers will check the temperature of new arrivals and observe whether they display any relevant symptoms. If new detainees have a fever above 37.5°C or display any COVID-19 symptoms, the officers will send them directly to the hospital. New detainees are then detained in a reception cell for 15 days to observe whether they display any COVID-19 symptoms, separate from existing detainees.14 FURTHER PRECAUTIONS TAKEN The RTG has also introduced other measures to stem the risk of an outbreak in detention. All officers are required to take their temperature before entering the facility and to wear masks at all times. At the time of writing, immigration detention centres have closed for visitors to avoid infection to the detainees. When visitation was permitted, all visitors had their temperatures checked and were required to wear masks at all times. The authorities also limited the number of visitors to 20 people at one time and enforced social distancing restrictions for visitors.15 However, the RTG’s ban on visitors to detention centres has not eliminated the risk of infection, because there is still a constant flow of detention staff in and out of the centres.16 DETENTION CONDITIONS Conditions in detention remain extremely unpleasant and overcrowded. According to reports received from individuals who have been detained, immigration officers routinely clean the detention areas with salt and water. Further, detainees who display COVID-19 symptoms will be immediately sent to the hospital. However, our reports indicate that social distancing is not observed in detention and is virtually impossible because of the overcrowding in cells. Additionally, detainees are not provided with masks, soap, or hand sanitisers. According to our reports, this is the case in various immigration detention centres across Thailand, including Suan Phlu, Prachuap Kirikhan, Maesot, and Ranong. BAIL AND ALTERNATIVES TO DETENTION The RTG has not released all refugees from detention, and has not increased their use of non-custodial alternatives to detention. This is in spite of attempts from NGOs and the detainees’ families to apply for bail on the basis of COVID-19. Thus, the bail policy remains the same as before COVID-19: only those with serious medical conditions, and mothers and children can be successfully bailed out of detention. Mothers and children are allowed to be bailed out under the Memorandum of Understanding among various ministries of the RTG (“MOU”).17 We are heartened by reports that there have been no children who are persons of concern to UNHCR in immigration detention since May 2020. However, this does not include ethnic Rohingya women and children who are detained in Songkhla detention centre, as reported by Human Rights Watch in May 2020.18 ADVOCACY EFFORTS FROM HUMAN RIGHTS ORGANISATIONS Human rights organisations have been advocating for the RTG to take a more refugee-inclusive and rights-based approach to its COVID-19 response. For instance, Human Rights Watch urged the RTG to release detained refugees and migrants, ensure adequate social distancing in detention, ensure access to health services, and consider a temporary moratorium on police checks for migration documents.19 UNHCR Thailand recommended civil society organisations to continue advocating for the RTG not to penalise refugees for illegal stay, particularly those seeking health care. 20 Several refugee rights advocates called for the RTG to halt arrests of refugees for immigrationrelated offences, ensure non-discriminatory access to healthcare, safeguard refugees’ underlying determinants to health, implement alternatives to detention for refugees, and ensure an adequate standard of living in immigration detention centres. 21 14 Thai Immigration Bureau, Department of Youth and UNICEF, Manual for prevention operation and the child protection in the immigration detention centre under the COVID19 situation, 3 June 2020. 15 Ibid. 16 Daron Tan and Manachaya Yankittikul, A Looming Catastrophe: COVID-19, Urban Refugees, and the Right to Health in Thailand, 11 May 2020, https://rli.blogs.sas. ac.uk/2020/05/11/a-looming-catastrophe-covid-19-urban-refugees-and-the-right-to-health-in-thailand/. 17 This MOU is signed by the Royal Thai Police, Ministry of Social Development and Human Security, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Health, Ministry of Education, and Ministry of Labour on 21 January 2019. This MOU is implemented to protect the rights of the child, especially for the alternative to detention to certain types of children, including unaccompanied minors, separated children, refugee children, children who are victims of human trafficking, and vulnerable children. See Thai Immigration Bureau, Department of Youth and UNICEF, Manual for prevention operation and the child protection in the immigration detention centre under the COVID19 situation, 3 June 2020. 18 Human Rights Watch, Thailand Should Free Detained Migrants Amid Pandemic, 8 May 2020, https://www.hrw.org/news/2020/05/08/thailand-should-freedetained-migrants-amid-pandemic. 19 Ibid. See also, Urgent call for COVID-19 response for Refugees and Asylum Seekers, 22 May 2020, https://www.hrw.org/sites/default/files/media_2020/ 06/200522%20Letter%20Thailand%20Prime%20Minister_0.pdf. 20 UNHCR, COVID-19 Impact Assessment: Urban Refugees and Asylum-Seekers in Thailand, July 2020, https://www.unhcr.org/th/wp-content/uploads/ sites/91/2020/08/UNHCR-Thailand-Urban-COVID-19-Impact-Assessment_July-2020.pdf, at 8. 21 Daron Tan and Manachaya Yankittikul, A Looming Catastrophe: COVID-19, Urban Refugees, and the Right to Health in Thailand, 11 May 2020, https://rli.blogs.sas. ac.uk/2020/05/11/a-looming-catastrophe-covid-19-urban-refugees-and-the-right-to-health-in-thailand/. See also, The Coalition for the Rights of Refugees and Stateless Persons, Open Letter, 18 May 2020, https://www.facebook.com/crsp.thailand/posts/2796172823946244. 52 International Detention Coalition and Western Sydney University