With the civil conflict in Myanmar showing no signs of abating soon, Thailand faces formidable challenges in irregular migration from the country. Without adequate and sustainable solutions, Thailand's overall development, including its economy, society, and security, will be seriously impacted.
To address these issues, the Paetongtarn government should urgently prioritise immediate implementation and develop new mechanisms that streamline measures and procedures to improve the livelihoods of these migrants. It is a Herculean task.
After Myanmar's coup of February 2021, migrants, including labourers, displaced persons, political refugees, and vulnerable groups crossing the Thai border, have surged significantly. The exodus will continue as the economic and human security situation in Myanmar worsens. Most of these people are vulnerable and need all the help they can get from Thailand. Otherwise, they risk becoming victims of human trafficking and exploitation.
Recently, the Lower House's Standing Committee on Law, Justice, and Human Rights released a report on the study of irregular migration, marking the first time sustainable solutions have been addressed.
Last October, a special subcommittee was set up to collect information and assess the challenges of irregular migration in this country. It was tasked with reviewing existing laws and legal loopholes that have led to human rights violations and have hampered humanitarian aid from reaching vulnerable groups.
In Thailand, irregular migration is defined by illegal entry, residence, and employment. As such, these migrants are divided into three groups: displaced persons, stateless persons, and undocumented individuals, including migrant workers. These people are often exploited through human trafficking and forced labour.
According to updated data in March, the Ministry of Labour's Department of Employment reported that Thailand had 3,415,744 registered migrant workers. However, unofficial estimates suggest that the number exceeds 5 million. Additionally, the Department of Provincial Administration reported 586,548 stateless and undocumented persons as of last December. Again, these numbers were underestimated.
Currently, 156,000 displaced people reside in temporary shelters along the 2,400-kilometre-long border. This figure already includes 85,000 individuals living in nine border camps and 51,000 fleeing conflicts inside Myanmar. Furthermore, another 20,000 displaced persons have not registered with the UN High Commissioner for Refugees.
Dr Supang Chantavanich, the Asian Research Center for Migration, has said that Thailand needs a "whole-of-society" approach to tackle this challenge.
According to the UN Global Compact on Migration, this approach promotes broad multi-stakeholder partnerships to address migration in all its dimensions by including migrants, diasporas, local communities, civil society, academia, the private sector, parliamentarians, trade unions, human rights institutions, the media, and other relevant stakeholders.
Thailand must rethink its approach to irregular migrants from Myanmar, given the kingdom's ageing and declining workforce and sluggish economic growth. The current security-focused approach does not work, as it lacks effective policy management and a much-needed human dimension.
The Thai parliament's study identified eight key problems, ie, a lack of clear and consistent policies, centralised decision-making and management, lengthy and complicated procedures, and limited access to rights and basic services such as healthcare and education. Other issues include difficulties obtaining identification documents, permanent residency, Thai nationality, and access to remedies and justice when rights are violated.
Additional solutions include amending relevant laws, improving management mechanisms and structures for irregular migrants, enhancing access to identification documents, and ensuring access to basic rights and services.
The study recommended revising three essential laws: the Immigration Act 1979, the Emergency Decree on Managing the Work of Aliens 2018, and the Civil Registration Act 1991. Of them, the Immigration Act 1979 should be amended to define rights and protective measures for vulnerable groups.
The study calls for new legislation to protect refugees or individuals who are unable to return to their home country due to persecution.
These proposals are easier said than done, as Thai lawmakers are not on the same page. Various ministries are still working in a silo culture with narrow visions and limited budgets. To overcome silo-work culture, officials and policymakers must revise the work process to make sure they are working on the same page and pace, using sustainable solutions.
For example, when the conflict intensifies in Myanmar, the Thai Ministry of Labour must expedite the registration of migrant workers instead of sticking to the same old bureaucrat workflow. Thai officials must also learn about behaviour patterns and keep up-to-date with news. For example, in April, the number of refugees surged because many were running away from Myanmar military mandatory conscription.
It cannot go without saying that the Thai parliament urges the Thai government to improve the national birth registration system to ensure non-discriminatory practices regardless of nationality and for individuals without identification documents. Similarly, the country needs policies to promote education for the children of migrant workers and stateless children, ensuring their health and rights are protected. Better understanding and awareness among local authorities is essential regarding the challenges associated with irregular migrants.
Despite all perceived obstacles, Leon de Riedmatten, executive director of The Border Consortium, a leading provider of humanitarian assistance on the Thai-Myanmar border, recently said he has seen positive developments.
According to Mr de Riedmatten, among such developments is that the Thai Ministry of Interior recently announced that the Thai language could be taught in refugee camps. This provision of Thai language education to migrant children suggests that the government is considering reviewing the policy towards refugee camps, which have been called "temporary shelters" for several decades.
It seems that a solution needs to be found for the residents of the nine camps to move to permanent settlements and third countries. It is very difficult for them to return to Myanmar under the prevailing circumstances.
Mr de Riedmatten pointed out that the idea of integrating a large number of camp residents into the Thai framework is an option that needs to be seriously and quickly explored if the main new policy is to close the "temporary shelters" in a relatively short time.
Zaw Oo -- executive director of the Centre for Economic and Social Development, an independent think-tank dedicated to inclusive development in Myanmar -- suggested three ideas to improve the situation of irregular migrants. First, he said the employment process should be streamlined and cost less. Second, it is essential to upgrade the skills of migrant workers to fit local businesses and industries. Finally, he said, remittances should be leveraged and a post-conflict recovery prepared.
While these solutions and proposals raise hope, it depends on whether the new government will use such ideas.
Another national committee tasked with managing the situation resulting from Myanmar's crisis will be formed to replace the current one, which was founded by former deputy prime minister and foreign minister Parnpree Bahiddha-nukara.
Foreign Minister Maris Sangiampongsa will chair the new committee, which includes high-ranking officials from the Ministry of Foreign Affairs, Defence, Interior, and the National Intelligence Directorate. This committee will be enforced after Prime Minister Paetongtarn Shinawatra signs it.
The committee's main duties will include monitoring and analysing the situation in Myanmar, providing recommendations, coordinating with relevant agencies, and ensuring timely public communication. This mechanism will also enable Thailand to play an active and constructive role in resolving the Myanmar crisis both bilaterally and multilaterally and under the Asean framework.
Indeed, the new committee can act swiftly as it has the authority to appoint subcommittees to address urgent issues identified by the parliamentary report. Otherwise, the irregular migrant situation could become a ticking time bomb for the country.