Asylum and Refugee Protection in Thailand

This article concerns asylum and refugee protection in Thailand. It examines the background to the flight of asylum seekers from Vietnam, Cambodia and Laos into Thailand beginning in 1975. It also discusses the international arrangements that were made at a conference under the auspices of the United Nations in Geneva in 1979 respecting the protection and resettlement abroad of those who fled to Thailand. The current treatment of Cambodians, Laotians and Vietnamese in camps in Thailand is described, including their situation of physical security and protection. The Thai policy of ‘humane deterrence’ is discussed. Also, the recent developments concerning ‘pushback’ of Vietnamese boat people early in January of 1988 are examined, as are the screening procedures and pushbacks concerning Laotians, and recent ameliorative measures that have been proposed by the Thai authorities to secure protection, including the establishment of a Displaced Persons Protection Unit to guard the camps on the Thai-Cambodian border. The legal sources of protection for asylum seekers in Thailand under both domestic and international law are examined, including the obligation of Thailand to apply its domestic law to Cambodian camps along the Thai-Cambodian border, and the protection of individual rights required under both aliens and human rights law. Finally, taking into account the long-term character of the displacement, recommendations are made in order to enhance protection of those asylum seekers who remain, and are likely to remain, for many years in Thailand.