When armed conflict breaks out, it is the innocent and helpless, especially children, who suffer the most. Therefore, as we approach World Refugee Day tomorrow, Thai authorities must make a substantial effort to grant refugee children, and the parents who support them, equal rights and dignity in law and practice.
In Mae Sot, a border city, you will see child refugees everywhere. The town, located in Tak province, has become a sanctuary for thousands of refugees fleeing violence and persecution in Myanmar. Some of these children have been ordained as Buddhist novices receiving alms in the morning market, many are uniformed students on their way to schools and learning centres. Deep down, many of them are scared and lonely people trying to stay out of trouble.
The presence of refugees in Mae Sot is politically inconvenient for the Thai government and is largely absent from public and official discussion. Acknowledging the scale of the influx means acknowledging the drivers of the problem -- the Myanmar military regime's war crimes.
Acknowledgement would not only sour the cosy relationship between Bangkok and Nay Pyi Taw, but it would also oblige Thai authorities to act by offering real protection and equitable services to Myanmar refugees.
The Thai government is seemingly reluctant to do so. It even resorts to using a lexicographical term, referring to them as "Myanmar displaced persons" rather than the correct term -- refugees.
The lack of appropriate legal status, for instance, has led Myanmar refugees in Mae Sot into a cycle of exploitation, arrest, extortion, and potential forced return at the hands of local law enforcement.
Mae Sot-based social workers have reported an upsurge in domestic violence among migrant and refugee communities, making refugee children vulnerable to abuse. With a perilous legal situation, most legal cases involving refugees are either ignored or addressed through mediation, with perpetrators rarely facing criminal penalties.
Access to healthcare remains a major problem for these refugees. Without the equal right to access public health insurance schemes, many Myanmar refugees have to rely on NGO-run clinics. The decision by the administration of US President Donald Trump to cut all funding to these clinics is having a devastating effect.
Service providers tell us that most of their services will have to stop next month unless alternative funding can come to the rescue. The option of co-payment by refugees for healthcare has been discussed; however, this would only be possible when refugees are given the right to work. In fact, granting work permits to these refugees would help the adults regain dignity, stand on their own feet and contribute to the local economy.
Education is, thankfully, one bright thing for refugee children, thanks to Thailand's "Education For All" policy that has been in place for two decades.
Schools and migrant learning centres in Mae Sot accept all children, regardless of their migration status. Challenges remain, nevertheless. There has been a need to find sustainable funding for these learning centres that are not under the Ministry of Education's umbrella. There is also discrimination between Thai and refugee students and parents to overcome.
Last year, the Thai government withdrew the reservation on Article 22 of the Convention on the Rights of the Child (CRC).
This decision came into effect on Aug 30, 2024. Article 22 of the CRC establishes the rights of refugee and asylum-seeking children to protection, humanitarian assistance, and access to support and other services equal to that of children who are nationals, as set out in the convention and other international human rights instruments to which Thailand is a state party.
The withdrawal of the reservation on the CRC can further enable the Government of Thailand to ensure that all children are protected under the recently introduced National Screening Mechanism (NSM), effective from Sept 22, 2023, which grants "protected person" status to those who enter or stay in Thailand, but are unable or unwilling to return to their country of origin for fear of persecution or other valid reasons.
This is an important and promising development. Yet, without meaningful action, this promising development will just be a symbolic gesture. Without action, the future of refugee children in Thailand, particularly Myanmar children, will remain as precarious as ever.
While Thailand's "Education For All" policy is greatly appreciated and stands as an example of what can be done, as we approach World Refugee Day, what refugee communities throughout the country now need from the government is a commitment to ensure "rights for all."
Puttanee Kangkun is director at Fortify Rights. Patrick Phongsathorn is senior advocacy specialist at Fortify Rights. The article marks World Refugee Day, June 20.