Sustainable Solutions for Irregular Migration In Thailand
Chawaratt (Mic) Chawarangkul
Change Maker | Co-Founder l Board Member I Programme Manager | Policy Advisor
Thailand’s House of Representatives has approved the report from the Parliamentary House Committee on Legal Affairs, Justice, and Human Rights, which proposed to the Cabinet and relevant agencies to find sustainable solutions to the issues faced by over 4 million irregular migrants. It is urgent that the government addresses problems affecting migrant workers, refugees, and vulnerable groups affected by human trafficking. I invite everyone interested to explore how the Legal Committee outlines the problems and solutions.
On August 8, 2024, at the Parliament Building, the Parliamentary House Committee on Legal Affairs, Justice, and Human Rights unveiled a study report on sustainable solutions for issues related to irregular migration.
Kamonsak Leewamah (MP), Chairman of the Legal Affairs, Justice, and Human Rights Committee, presented the study on sustainable solutions for irregular migration issues to the House of Representatives. He stated that the Legal, Justice, and Human Rights Committee had resolved to establish a Sub-Committee to explore sustainable solutions for irregular migration during the third committee meeting on Wednesday, October 18, 2023. The Sub-Committee was tasked with researching, gathering data, and analysing the problems related to irregular migration within the country. They also evaluated the impacts and legal gaps that lead to human rights violations and hinder humanitarian assistance for vulnerable groups. The Sub-Committee divided the study into three groups of irregular migrants: refugees, stateless and undocumented persons, and migrant workers.
The Sub-Committee has completed its study and seeks consideration from the House of Representatives. Kannavee Suebsang (MP), Chairman of the Sub-Committee on Sustainable Solutions for Irregular Migration, explained that irregular migration refers to migration outside of the legal framework of the host country, including irregular entry, residence and employment and encompasses those vulnerable to human trafficking and forced labour.
Kannavee revealed that the situation of irregular migration in Thailand includes 3,415,744 migrant workers, according to the Department of Employment as of March 31, 2024. The Department of Provincial Administration reported 586,548 stateless and undocumented persons as of December 31, 2023. There are also about 156,000 refugees, comprising 85,000 conflict-affected individuals, 51,000 fleeing unrests from Myanmar for Temporary Safety Areas (TSAs) entered and returned multiple times. Additionally, more than 20,000 urban refugees are residing outside government-designated areas, some registered with UNHCR, while others remain undocumented, and the majority are from Myanmar.
Kannavee emphasised the need for sustainable solutions to irregular migration issues because Thailand views these challenges through a security lens, creating a trap that hinders a comprehensive policy framework. economic dimensions, population decline trends, national security, and human security are key reasons Thailand needs to shift its perspective to respond to human needs, thereby contributing to national development. Migration patterns must change.
Kannavee outlined eight issues lacking clear policy alignment with the current situation. Centralised decision-making and management in central agencies, complicated coordination between agencies, access to rights and basic health, education, and other services, access to identity documents, permanent residency rights in Thailand, access to Thai nationality, and access to remedies and justice for rights violations and violence were identified.
Ratawit Ouaprachanon, Secretary of the Sub-Committee, presented observations on sustainable solutions for irregular migration, focusing on legal amendments, proposing relevant bills, adjusting mechanisms and structures for managing irregular migrants, and ensuring access to identification documents and basic services for irregular migrants.
The proposed legal amendments include revising the Immigration Act, B.E. 2522, to specify rights and protective measures for vulnerable groups. The proposal also recommends amending the Royal Decree on the Management of Foreign Workers, B.E. 2561, and its amendments, revising the Civil Registration Act, B.E. 2534, and its amendments, and considering the drafting of legislation to protect refugees or those unable to return to their home countries due to persecution.
The Ministry of Labour is urged to expedite the Foreign Workers Management Committee's actions to open migrant labour registration in response to violence and conscription in Myanmar. The Ministry of Interior should accelerate the establishment of provincial-level Thai-border control centres with neighbouring countries, involving civil society to support humanitarian assistance. The Cabinet and Prime Minister's Office are advised to study reforms in migration management mechanisms, emphasising preparedness for a super-aged society, including establishing an immigration department. The Cabinet and Prime Minister's Office should also enhance screening mechanisms and status determination for all groups of irregular migrants, including stateless persons, refugees, and trafficking victims.
The Ministry of Interior is urged to improve national birth registration practices, ensuring non-discriminatory processes irrespective of nationality, and consider secondary legislation to establish a registry for those without identification documents. Additionally, reforms in residency and statelessness criteria, especially for ethnic groups, irregular migrants, and their children, and improving criteria for Thai citizenship for children born in Thailand are recommended.
The Ministry of Education is advised to formulate policies for educational access, resource distribution, and management plans for children in the context of migration. The Ministry of Public Health should develop health checks and insurance guidelines for stateless individuals upon receiving identification documents. The Ministry of Labour is encouraged to amend subsidiary laws that duplicate or limit migrant workers' rights. The Ministry of Social Development and Human Security is advised to outline guidelines for protecting cross-border children and undocumented migrant children, emphasising coordination with relevant agencies.
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The House of Representatives engaged in a wide-ranging debate, recognising the ongoing challenges faced by the Thai government in managing these issues. There was no opposition to the committee's report, resulting in its approval and recommendations for action by the Cabinet and relevant agencies.
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Video Summarised the Committee's Report (Thai language with English subtitle):
Full Committee's Report (Thai language): https://pis.parliament.go.th/PARFileDownloadProxy/download?s=HJlpHEKD1N3fcNPH0-sZtRfTq8GqOgS8s9ZsCJWK2d2wfMgeyWpwpOLFPMzq57kAcpEHMqmtILlKp0WGKiny5i5vdB5_PpPTfdOrJ7PIN6oX1AlZDMIsKUx-KzMUH__bN0H9FtefKMzD3E57kDhRhUugRWc64hjc--Y=&ref=5693591&n=1
#Refugees #MigrantWorkers #StatelessPersons #IrregularMigration
Livelihoods and Economic Inclusion Specialist .
7 个月Thanks for sharing