NO SAFE HAVEN
and numeracy skills, and need additional support,
which is both time and resource intensive.143 With
education services inside shelters exhausted, NGO
workers have sought alternatives outside, and
explained that in some cases, Rohingya children had
been successfully enrolled in local schools. However,
the process was not straightforward, was time
consuming, and could be complicated by the lack
of clarity over how long a child is likely to stay at
a shelter.
As in other countries, the COVID-19 pandemic
has had a negative impact on access to education
for all children, with schools closed as part
of efforts to contain the virus. Classes have
increasingly moved online, although children from
poor families – including those from migrant and
refugee communities – often lack the resources to
participate in online learning. As well as the digital
divide, the pandemic has also forced some children
from poorer migrant families to leave school to help
their families to earn money.144
PROTECTION CONCERNS
Without legal status in Thailand, Rohingya are at
risk of arrest and detention in immigration detention
centres. Conditions in these centres are poor, and
there are serious concerns about overcrowding,
lack of sanitation, and inadequate access to services.
While most ‘illegal’ migrants from other countries
are taken to detention centres and then deported,
this option is generally not open to Rohingya, who
either have to wait for third country resettlement
or – more often – are subject to long-term and
indefinite detention in the centres.
Until 2019, Thai immigration policy meant that
undocumented children were treated the same as
“illegal” adults, and detained in immigration shelters.
However, on 21 January 2019, following significant
pressure from national and international NGOs and
UN agencies, the Royal Thai Government signed a
Memorandum of Understanding on the Determination
of Measures and Approaches Alternative to Detention of
Children in Immigration Detention Centers which
affirmed that children would no longer be held in
IDCs.146 Under the policy, undocumented children
are moved to shelters run by the Ministry of Social
Development and Human Security (MSDHS). These
shelters – while retaining unnecessary restrictions
24
on freedom of movement – mark a significant
improvement in conditions for children, allowing
them access food, shelter, medical care, and to some
form of informal education.147
However, there have continued to be instances
where children, including Rohingya children, have
been detained in police stations – sometimes
for weeks – because of a lack of capacity in the
shelters.148 Unaccompanied children are transferred
to shelters, and are generally looked after by
distant relatives, people from their original village,
or respected community members. Worryingly,
Rohingya children between the ages of 16 and 17, in
particular boys, are especially at risk of being held
in police stations or sent to immigration detention
centres, as they lack any form of documentation
that proves their age.
Another concern in shelters is the separation of
children from family members. While Thailand has
made some efforts to release adults from detention
centres, these have generally been mothers and
older female relatives, and their release requires
payment of a 50,000 Thai Baht (US$1,600)
“bond”.149 Many families simply cannot afford to pay
such a sum. Shelters are segregated by gender, and
while girls and young children are generally able
to stay with their mothers, boys over the age of 14
are moved to different shelters, separating them
from their families.150 As well as raising protections
concerns, such separation can have a significant
emotional and psychological impact on the children
concerned, and is clearly not in their best interests.
Rohingya who arrive in Thailand by boat are also
at risk of being denied safe disembarkation, as
Thailand maintains a longstanding ‘push-back’
policy, whereby authorities prevent boats carrying
asylum-seekers and migrants from landing on Thai
shores and instead provide them with limited food
and water, and – at times – escort them out of
the country’s territorial waters. At an emergency
regional summit in May 2015, Thai authorities
stated that they would no longer push stranded and
abandoned boats out to sea. However, since then,
authorities have been accused of failing to take
action to assist boats in distress, while there have
also been reports of ‘push-backs’, which constitute
a violation of the principle of non-refoulement.151