REFUGEE ADVOCACY

Advocacy for refugees often confronts the most sinister forms of "man’s inhumanity to man," the dehumanizing desecration of a people by dictatorial powers. Men, women and children are forced to flee their borders, many with already shattered bodies and minds from torture, sadistic confinement, rape, sexual abuse, deprivation, forced labor, slavery. Those who escape to Thailand find brief access available, after which all are subject to arrest, incarceration and return to native boarders and more persecution or execution.

Thailand has not signed the 1951 Geneva Refugee Convention agreement establishing international obligations that give rights to refugees. The United Nations General Assembly has mandated the protection of the rights of migrants in all countries, conferring on their High Commission on Refugees (UNHCR) the overwhelming responsibility of providing that protection. That protection is limited to migrants granted refugee status. With this recognition, some assistance is provided towards sustenance where financial assistance is necessary, and refugees can obtain medical care and counseling needed and help with relocation. Embassies generally require refugee status before granting applicants admission to their countries; there are exceptions to this as embassies are able to establish their own criteria for admission to their countries.

To achieve recognition as refugees, migrants must prove they have a "well founded fear of persecution" due to "reasons of race, nationality, religion, political opinion or membership in a social group." "Persecution" requires a serious threat to your life or a serious violation of your basic human rights. This criteria and standards for their proof are narrowly construed in Thailand.

Application for refugee status requires a written statement detailing the reasons why flight from persecution was necessary that also prevent one’s return; UNHCR provides an interpreter to those who can not write it. An interview is conducted with the applicant alone with an interviewer and an interpreter, if necessary. If rejected (only a small percentage of applicants are granted refugee status), a written notice grants 30 days for appeal if new reasons justify review; some of the reasons for rejection can be obtained by applicants upon inquiry.

Migrants who lack the financial capacity to provide for legal representation for their applications for refugee status at the UNHCR can be assisted by NCCM & P, with additional help provided, given financial limitations, towards shelter, food and basic necessities when they are financially destitute.

Two Hospitality Houses in Bangkok provide food and shelter. The first one that shelters women and families with children received partial funding for remodeling from UNHCR for its fourth floor. The manager has an assistant and a cook prepares food for the residents. Thai public schools can accommodate only Thai speaking children, so a full time teacher is employed so the children can continue their education and not fall behind when applications take time for resolution. The second shelter for men shares dinning facilities with an adjacent shelter for people with AIDS. Residences are given counseling and medical care as needed. Referrals for admission and support for these shelters come from the UNHCR, embassies and churches; each referral agency must take full responsibility for those served. Good relations are maintained with the United Nations Bangkok Refugee Center which has the responsibility for caring for refugees’ medical and mental health needs, education of children, counseling and general assistance as well as providing financial assistance once "Refugee Status" is given by UNHCR.

If rejections are received from UNHCR, appeals are processed when appropriate. If applicants have touched another nation in their flight to Thailand for safety, the UNHCR can avoid financial responsibility for living expenditures with designation as a "Person of Concern." Such a determination is also subject to appeal so as to require their granting of financial assistance. Close mutual cooperation is maintained with Jesuit Refugee Services and their legal office; JRS is the only other organization besides NCCM&P currently providing this level of assistance to migrants. Good working relations are maintained with UNHCR and the Thai government.

A new program, in conjunction with Jesuit Refugee Services, provides group educational counseling sessions on a monthly basis to refugees and asylum seekers.

The NCCM&P staff that assists migrants includes five staff social workers and three volunteers. David Dickson is the Director of Social Services. He attends the UNHCR’S annual meeting in Geneva for non-governmental organizations working for refugees; his focus has been the improvement of protection for refugees and more cooperation (partnership) with UNHCR.

The office is located at 111/7 Pan Road, Bangkok 10500, Thailand. Funding is provided by the Open Society Institute (The Soros Foundation) Other contributions come from the UN, embassies, NGOs, and private contributions enhance the program and often provide for special help to migrants such as surgery to restore a blind child’s eyesight. Our Social Services Department can be contacted at (e-mail: nccmmi2q@ksc.th.com).

 

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