official protection. They are considered “illegal” in the country and are at risk of being detained on immigration grounds.68 61 Due to lack of recognition as refugees and stateless persons, Rohingya face permanent threats to their liberty and security when residing or travelling within the country, contrary to Thailand’s obligations under Articles 9 (liberty and security) and Article 12 (freedom of movement) of the ICCPR. Rohingya cannot be formally deported to Myanmar, where they are not recognised as Myanmar nationals. With very limited refugee registration available in immigration detention centres and no process to identify them as stateless, they often end up in situations of indefinite detention. There are around 200 Rohingya indefinitely detained in Thailand, with at least 38 detained at Songkhla detention centre. In the context of COVID-19, it is unclear whether detainees who have tested positive have been separated from other detainees, and poor sanitary conditions and overcrowding raise concerns about about outbreaks within detention centres.69 62 Rohingya can also be quietly released into the hands of brokers and smugglers who facilitate their onward travel. However, in many instances these onward journeys have ended up in situations of exploitation or trafficking.70 Based on testimonies of those discovered during Thai government raids on smuggling camps in Songkhla province, many Rohingya were confined to camps and faced the risk of being beaten and sent into forced labour if they failed to pay smugglers for their service.71 63 In 2019, the cabinet approved the establishment of a national screening mechanism to distinguish people in need of international protection from other migrants by creating a category of non-citizens who would be at risk if deported.72 The policy resulted in a decrease in both number of arrests and numbers in immigration detention in 2020.73 However, the mechanism lacks a definition of people ‘deserving of protection’ and fails to use the definition of a refugee under international law. There are concerns surrounding who will qualify, and it is yet to be seen whether Rohingya will be considered under this new mechanism. There are also concerns surrounding transparency, logistics, and mistrust of authorities. Moreover, although the mechanism was planned to be implemented in June 2020, there have been delays, reportedly due to incomplete preparation, including staffing of required structures and the subsequent determination of procedure.74 Covid-19 related challenges have unofficially been cited as the primary obstacles frustrating the process. 64 Thailand has been accused for many years of violating its international law obligations by pushing boats of refugees back into open seas. Since 2017, Thai authorities have enforced a three-step action plan.75 Under this action plan, the Thai Navy may 68 UNHCR, ‘Thailand: Fact Sheet’ (30 September 2020). Thailand Immigration Act, chapter 6 section 54 states that “any alien who enters or comes to stay in the Kingdom without permission or when such permission expires or is revoked, the competent official will deport such alien out of the Kingdom.” 69 Institute on Statelessness and Inclusion, Rights for Rohingya, Free Rohingya Coalition et al ‘Human Rights and COVID-19: What now for the Rohingya?’ (August 2020). 70 Equal Rights Trust et al, ‘The Human Rights of Stateless Rohingya in Thailand’ (February 2014). 71 S. Banerjee, ‘Myanmar: Trafficking issues, plight of Rohingyas in Thailand’, Observer Research Foundation, (21 January 2021). 72 Regulation of the Office of the Prime Minister on the Screening of Aliens who Enter into the Kindom and are Unable to Return to the Country of Origin B.E. 2562 (25 December 2019); Bangkok Post, ‘A new era for refugee protection in Thailand?’ Bangkok Post (19 March 2020). 73 UNHCR, ‘Thailand’. 74 Asia Pacific Refugee Rights Network, ‘Press release: Thailand quietly delays implementation of refugee screening mechanism'’ (25 June 2020). 75 Human Rights Watch, ‘Thailand Needs to Stop Inhumane Navy ‘Push-Backs’, (22 September 2017). 13