The issue of illegal migrants in the Andaman Sea, of which the Rohingyas are the biggest group, is one which Thailand, and other countries in the region, has been facing for a number of years. More recently, the flows have numbered several thousands each year, with the number of arrests rising four-fold since 2007. Estimates point out that up to 20,000 such illegal migrants presently remain in Thailand, and the difficulties we have faced in dealing with this “floating population” reflect some of the complexity of the issue. The situation of the Rohingyas reflects that of economic migrants searching for a better life in countries in the region.
As with many countries in the region and elsewhere, we have refused entry to illegal migrants entering the Kingdom. Legal channels exist for employment in Thailand, but accepting those arriving in an irregular manner would simply encourage new arrivals. Thailand has long been pragmatic in dealing with these groups, but large inflows in recent years have tested our absorption capacity. In fact, there is no shortage of unscrupulous agents, smugglers and traffickers in the region waiting to take advantage of the opportunities offered by such flows. Furthermore, given that boat arrivals are comprised of large numbers of adult males, safeguarding the property and safety of the local population requires that concerned officials take appropriate measures in accordance with Thai law.
Irregular movements affect countries in many regions of the world. In the Americas, in Europe, in East Africa, and in the Asia-Pacific, countries are faced with illegal migration by sea. In order to exercise control and surveillance over its maritime zones in accordance with international law, Thailand strictly adheres to applicable international legal norms, especially the UN Convention on the Law of the Sea (UNCLOS) articles 21, 25 and 33, which uphold the right of coastal states in preventing the infringement of their immigration laws and regulations within their territorial waters and contiguous zone.
In addition, the Protocol Against the Smuggling of Migrants by Land, Air and Sea, supplementing the UN Convention against Transnational Organized Crime of 2000, which Thailand has signed, provides that if there are reasonable grounds to suspect that a vessel which is without nationality is engaged in the smuggling of migrants by sea, State Parties shall take appropriate measures in accordance with relevant domestic and international law.
Concerning the case in point, there is no reasonable ground to believe that these illegal migrants fled from their country of origin for well-founded fear of being persecuted. Their profile and their seasonal travel further support the picture that they are illegal migrants, and not those requiring international protection under the Convention relating to the Status of Refugees of 1951.
The Thai authorities have been implementing measures to deal with this complex issue of illegal migration, further complicated by the long length of the Andaman coastline through which illegal migrants are seeking entry, and the limited resources available. In the first place, all new arrivals that are detected along the coastline would be stopped, questioned and have their needs assessed. If no evidence is found of their involvement in smuggling activities, they would be supported in terms of basic humanitarian needs before undergoing repatriation or escorted out of Thai territory in accordance with Thai laws. In cases where there are grounds for believing their involvement in smuggling activities, they would undergo a thorough investigation before being repatriated or escorted out in accordance with Thai laws. And where the encounter happens at sea, such persons will be assisted in terms of basic needs to enable them to go on their course in safety. In these processes, a humane treatment and upholding basic human rights is a guiding principle for all involved. Given the already enormous burden of 3 million illegal migrants present in Thailand, we cannot afford to be a country of destination or a country of transit for irregular movements, with their impacts in social and economic as well as in security terms.
As for the serious allegations raised in the various reports and interviews, including that various forms of mistreatment were inflicted on the illegal migrants and that intentional damage was done to their boats or their engines, this must be categorically denied as having no place in policy and procedures. Nevertheless, should concrete evidence be presented, the Thai Government would seriously look into such cases and further verification carried out. Indeed, despite the various difficulties involved, we have upheld our humanitarian tradition and ensured that new arrivals are adequately provided with food, water and medicines, with necessary repairs to their boats.
We further note that this issue has to be addressed at source, at the social and economic conditions in the areas of origin. And as the problem has a regional dimension, with onward movements and the involvement national and transnational criminal networks, it requires cooperation. It does not involve one particular country, but is a collective problem that the concerned countries, whether countries of origin or first destination, countries of transit and countries of destination, should address collectively and in a coordinated manner. Thailand has already committed itself to such efforts, and will continue to welcome cooperation on this issue, including the contribution of relevant international organizations. Indeed, if the problem is solved at its source through the mobilization of resources of the international community by the relevant international organizations, then there would not be the problem of economic migrants having had to make a perilous journey to reach Southeast Asian shores.
In this regard, dialogues between Thailand and the UNHCR and the IOM on the issue of the illegal migrants in the Andaman Sea have been ongoing for quite some time. We have made it clear that for Thailand, this issue is one of economic migrants, while expressing a readiness to work with all concerned. In this regard, Thailand stands ready to cooperate with relevant international organizations such as the UNHCR, IOM and others which may assist the countries concerned to address this issue, in accordance with their respective mandates. Furthermore, the Minister of Foreign Affairs looks forward to discussing this issue, and Thailand’s long-standing humanitarian cooperation with the UNHCR, with High Commissioner for Refugees Guterres when they meet in Geneva on 2 February 2009. And as the UNHCR may be restricted in its mandate on this matter, Thailand will also consult with the IOM on its specific mandate of assisting migrants.
In addition to our consultations with the related international organizations, Thailand has also proposed to the countries affected by this problem of illegal migration in the Andaman Sea to set up a contact group among these countries to coordinate short and long term measures to resolve this issue.
Thailand’s track record reveals itself being faced with a succession of massive flows of people from neighbouring countries. Given remaining disparities in economic development, the search for a better life will continue to drive further movements into Thailand. We are trying to address the many social, economic and security issues involved in the current challenging economic climate. But our 40 year old humanitarian role deserves greater recognition in approaching this difficult issue.
Prime Minister at the Ministry of Foreign Affairs
Press Division, Department of Information Tel.(02) 643-5170
Fax. (02) 643-5169 E-mail : div0704@mfa.go.th End.