discrimination and corruption among state officials can leave members of the hill
tribes particularly vulnerable to trafficking.61 Moreover, Thai law permits recruitment
agencies to charge recruitment fees to those seeking oversees employment. Excessive
fees make them more vulnerable to debt bondage or other exploitative conditions.
Stateless children are particularly vulnerable when they are not able to access
education. With few prospects of a better future, stateless persons can be forced to
look for better work elsewhere and — as labour migrants — can be easily deceived by
brokers/traffickers.62
56
Stateless people feel less able to rely on the police and other state structures for help,
including in situations of crisis or dispute, which can also aggravate the risk of
becoming trapped in exploitation. Traumatic events, such as heavy debt or the
inability to receive adequate medical treatment in moments of dire need often place
an unbearable burden on a stateless person. In this regard, the COVID-19 pandemic
has had devastating effects on stateless hill tribe communities, placing them at
greater risk of human trafficking.63
57
In 2017, the CEDAW Committee recommended that Thailand address the root causes
of trafficking, “including poverty, lack of economic opportunities and statelessness”.64
The Human Rights Committee in the same year echoed this recommendation.65
Issue 4: Rights of Rohingya in Thailand
58
Thailand is mainly a transit country for the Rohingya on their way to Malaysia and
beyond. While there is no accurate statistical information on the Rohingya population
in the country, it is estimated that at least 3000 Rohingya have settled in Thailand.66
Thailand has historically failed to protect Rohingya as refugees, victims of trafficking
or stateless refugees.67
59
Thailand has no domestic refugee law framework, and all situations of foreigners
entering the country are regulated by Thailand’s Immigration Act of 1979. Thailand
also has not signed or ratified the Refugee Convention or its Protocol, and lacks a
refugee status determination procedure. As such those fleeing persecution are
treated as irregular migrants, and not granted protection as refugees.
60
Since the early 1990s Thailand has hosted refugees fleeing ethnic and political
violence in Myanmar in displaced people’s camps along the Thailand’s western
border. More than 100,000 refugees remain in these camps as Myanmar’s peace
process falters. However, Thailand does not recognise refugees outside these camps;
and there is currently no national legal framework in place for the specific protection
of “urban” refugees and asylum-seekers. UNHCR documentation such as a Refugee or
Asylum Seeker Card is not officially recognised by the government and provides no
61
Ibid.
Ibid.
63 Ibid.
64 Committee on the Elimination of Discrimination against Women, ‘Concluding observations on the combined sixth and
seventh periodic reports of Thailand’ CEDAW/C/THA/CO/6-7 (24 July 2017), paras. 24-5.
65
UN Human Rights Committee, ‘Concluding Observations on the Second Periodic Report of Thailand’ CCPR/C/THA/CO/2 (25
April 2017), para. 41.
66 Equal Rights Trust et al, ‘The Human Rights of Stateless Rohingya in Thailand’ (February 2014).
67 Institute on Statelessness and Inclusion, ‘Submission to the Human Rights Council at the 25th Session of the Universal
Periodic Review: Thailand’ (2015).
62
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