26 05 2015 open letter case of rohingya final eng

An open letter Subject: Policy recommendations to the Thai government regarding the Special Meeting on Irregular Migration in the Indian Ocean ATT: Prime Minister Prayut Chan-o-cha There has reportedly been the plight of migration of the Rohingya from Myanmar and Bangladeshi who have fled from lethal persecution and ethnic violence in Myanmar and as a result of their desire to have a better living and fleeing the well founded fear. The increased suppression of human trafficking network had put the boats not to be able to reach the shore in Thailand and any of the Southeast Asian nations. The situation has caused concerns in the international community which find Thailand, Malaysia and Indonesia should do better to provide assistance to the boat people who have entered into their waters or in high sea.

As a result of the crisis, the Thai state is to convene the Special Meeting on Irregular Migration in the Indian Ocean on 29 May 2015 in Bangkok with delegations from 15 concerned countries and representatives from international organizations.

The Migrant Working Group and the undersigned organizations welcome an effort by the Thai government to address the migration issues and to host this meeting to address the issues together with other countries and concerned international organizations. We have the following recommendations to propose to the Thai government to help them develop an action plan to address migration issues in Thailand and in the region.

1. In its measures to provide assistance to the boat people, the Thai government should keep as its first priority lives and safety of the migrants. The provision of food, water and fixing the boat to make it seaworthy is inadequate since it was found that a number of people on the boats are women and children who are in frail health and could die without medical attention.

2. The Thai government should develop measures to manage the migration of the Rohingya based on the approach to solve the issue in a long run in collaboration with international agencies including the UNHCR. Assistance should be given including immediate care, determination of their refugee status, individual profiling, screening for national verification, coordination with the countries of origin and third countries for resettlement depending on each individual case. We have found Thailand have domestic immigration framework which can be invoked to immediately address the issues. Bilateral meetings can be held with the countries of origin to address the migration issues and there are also ASEAN mechanisms and other international mechanisms.

3. In terms of care and assistance provided for those being held in custody, a multidisciplinary team should be employed to determine the status of the survivors whether they are victims of human trafficking or have been subjected to unlawful practice. They should then be assisted to have access to the Thai justice process and to address human trafficking in a long run. Witness protection should be provided if any Rohingya may be able to give evidence which could be used to take legal action against more people involved with the criminal offence or an offence against the 2008 Prevention and Suppression of Human Trafficking Act. 4. Measures should be implemented with participation from civil society organizations to support the work of state agencies in terms of the determination of status and coordination with relatives of the deceased after the bodies can be identified and members of their families can be located.

5. Support should be given to help officers from the UN High Commissioner for Refugees (UNHCR), NGOs and international humanitarian organizations to perform their duties and to visit and provide humanitarian assistance to the migrants. The government and private agencies should develop an action plan to immediately address the needs of vulnerable populations including children who are separated form their parents and utmost importance should be placed on safety and interest of the child.

6. The Thai government should reform the investigation process of anti trafficking case. There should be the external agency with anti trafficking specialty for monitoring the investigation. There are reports that the investigating agency charge the legal claim against the victim and does not consider the right based approach for victim protection and evidence collection. For victim screening, there should be an special appointed attorney to finalize the victim identification and provide special measurement to law enforcement, government authority and non-government organizations for coherent legal application.

7. The Thai government should review the Immigration Act which may affect individuals seeking asylum and having fled from deadly persecution. Specific policy should be meted out to protect the people in compliance with the international convention for the protection of refugee. An effort should be made to develop a plan to address the needs of asylum seekers for the best interest of humanitarian work and management in Thailand.

With respect in human rights and human dignity 1. Migrants Working Group 2. Human Rights and Development Foundation (HRDF) 3. Foundation for Women 4. Stateless Watch)

5. Pro rights Foundation 6. Cross Cultural Foundation (CrCF) 7. MAP Foundation For more information, please contact: Siwawong Suktawee, Coordinator of the Migrant Working Group, phone 081 433 9125 Dararai Raksasiripong, Foundation for Women, phone 087 582 3552