Strengthening Partnerships to Implement Effective ATD in Thailand
On 9 June 2022, the Department of Children and Youth (DCY) of the Government of Thailand signed a memorandum of understanding with HOST International Thailand Foundation (HOST) to establish a formal partnership and collaboration to implement the Memorandum of Understanding on the Determination of Measures and Approaches Alternative to Detention of Children in Immigration Detention Centres (MOU-ATD), signed by the Thai government in 2019.
Over the past few years, DCY and HOST, as well as IDC and other civil society stakeholders, worked in collaboration to leverage Thailand’s commitment to end the immigration detention of children. This involved collaborating to reduce the number of children in immigration detention, while promoting the use of community-based Case Management and alternatives to detention (ATD) for children and their families. The DCY and HOST partnership MOU signed in June this year stipulates clear and coordinated objectives for both parties to implement the MOU-ATD in line with the United Nations Convention on the Rights of the Child (UN-CRC) and the Regional Plan of Action on Implementing the ASEAN Declaration on the Rights of Children in the Context of Migration. The partnership MOU also includes coordination on activities to strengthen the capacity of child protection officers and the child protection system to effectively protect children and their families in the context of Migration. As part of this initiative, HOST will serve a critical role as an equal partner with DCY, and will assign staff to coordinate with DCY to provide assistance to children and their families released from immigration detention, as well as coordinate with Government agencies, international organisations and civil society to ensure holistic support services. HOST can also advise DCY on child protection issues, and regularly organise training on child protection for DCY staff and other key stakeholders.
This partnership MOU is the first of its kind, and is the result of collective efforts by the Thai government and Thai civil society to advance a whole-of-society approach towards ensuring the best interests of the child in Thailand.
IDC is a key partner of DCY and HOST in implementing the MOU-ATD in Thailand. Most recently, IDC and HOST worked together on a joint project to strengthen community-based ATD throughout 2021-2022. IDC would like to congratulate both parties on this new partnership MOU, which represents a great outcome of positive and effective government and civil society collaboration. IDC believes that moving forward this partnership MOU will serve as a key tool for Thailand to achieve its pledge stated at the International Migration Review Forum in May 2022 - that Thailand will effectively implement ATD measures for children in the context of migration, as well as commit to end child immigration detention.
Written by Mic Chawaratt IDC Southeast Asia Programme Manager
Updates from IDC’s MENA Regional Programme
In March 2022, IDC conducted a joint online training with UNICEF on child immigration detention issues in the MENA region, including challenges and possibilities for ending it. This was the first in a series of trainings aimed to support civil society and community organisations in the region.
IDC will be coordinating more capacity building opportunities on related topics; please stay tuned and follow our Facebook and Twitter to be the first to register!
Research and awareness raising on immigration detention
This year, IDC has been working intensively with UNICEF and also supported by the Robert Bosch Foundation funding on research to map practices and legislation related to child immigration detention in 11 countries across the MENA region. Through this process, we have identified promising practices towards ending child immigration detention and providing alternatives to detention (ATD), and will be publishing this in a report. Some of the promising practices in the MENA region are already featured in IDC’s latest global report, available here: Gaining Ground: Promising Practice to Reduce & End Immigration Detention
In June 2022, IDC’s MENA Regional Programme began a social media campaign aiming to share facts and findings on immigration detention and promising practices towards ending immigration detention in the region and globally. Follow our Facebook and Twitter to stay updated through our weekly posts and graphics in English and Arabic.
Inclusion and Collaboration with Leaders with Lived Experience
The Resourcing Refugee Leadership Initiative (RRLI) is a coalition of six organisations in different parts of the world, some of which are IDC members. The initiative focuses on promoting the leadership of refugee-led initiatives (RLIs) in the global migration and refugee rights space. In June 2022, RRLI published an open letter to UNHCR noting its concerns on the continued exclusion of RLIs from “funding streams, strategy development and decision-making processes, “including, the inability of refugee leaders to obtain visas for the annual UNHCR-NGO Consultations, and thereby excluded from the consultation process.” In the letter, RRLI acknowledges UNHCR’s extraordinary work in assisting refugees, but calls for change in key aspects, such as the inclusion of refugee leaders in decision-making. Additionally, there were calls from activists to ensure the next head of UNHCR has lived experience as a refugee, as stated in an article here.
RRLI noted that in many countries, such as Egypt, refugee leaders are excluded from meetings with UNHCR and decision-making processes, with UNHCR citing concerns about conflict of interest. RRLI has also called on UNHCR to put people with forced displacement experience and refugee leaders at the centre. IDC shares RRLI’s concerns and echoes the need to centre leaders with lived experience and ensure their agency is truly fulfilled, through not only consultation, but recognition of leadership and the specialist knowledge needed to shape the policy decisions that directly impact their own lives and the futures of their communities. UNHCR has responded to some of the asks in this letter.
Raids and detentions
Following our last blog update, the situation of migrants and refugees in Libya remains precarious. People and families continue to be subjected to ongoing arbitrary detention and human rights violations, as the UN Independent Fact-finding Mission on Libya reported in June 2022. Additionally, in April 2022, the UN Security Council Pursuant to Resolution 1970 (2011), the International Criminal Court (ICC) noted in its 23rd report that migrants and refugees in Libya have been subjected to arbitrary detention, unlawful killing, enforced disappearance and other violations that may constitute crimes against humanity and war crimes. Further, raids on migrant homes and communities continue to occur. In April 2022, authorities launched raids in migrant communities in Zuwara, arresting around 300 people,
Authorities in Tunisia have resumed using the informal Al-wardia detention centre for immigration detention purposes, which was previously closed by a court order in 2020. In response, in May 2022 28 human rights groups and civil society organisations called on authorities to stop using this informal centre to detain migrants, as there is no legal basis for its use, and there are many reported concerns regarding the conditions being experienced by migrants and refugees detained in this facility.
In Egypt, it was reported to IDC confidentially that in June authorities detained approximately 10 individuals in a round-up citing a lack of valid residency permits, regardless of their legal status with UNHCR. While those registered with UNHCR are often released within a week, however, people seeking asylum who are unregistered and still awaiting their registration appointment are at risk of indefinite detention or deportation.
Pushbacks and border controls
Pushbacks and interceptions have continued in Libya of people who have attempted to cross the Mediterranean Sea to Europe. As of May, authorities have intercepted and returned a total of 5,696 refugees, migrants, and people seeking asylum in 2022. Concerningly, 453 people have been reported missing, and 109 bodies have been recovered during this period as well.
Similarly in Tunisia, in the government’s efforts to curb irregular migration to Europe, authorities continued to arrest migrants and refugees attempting to exit Tunisia without legal documentation. In April 2022, authorities arrested and detained 155 migrants and refugees from different African countries after preventing them from crossing the sea off the coast of Sfax. Several boats that did manage to leave the coast capsised, leading to the deaths of 20 people, while 98 others were rescued.
In June 2022 in Morocco, around 1,300 to 2,000 migrants crossed from Moroccan borders to Melila enclave to reach Spain, and were then met with force and beatings that resulted in the deaths of 23 people. International human rights actors have called for immediate investigations into this incident and accountability for these killings. Human Rights Watch added that this “requires an independent, impartial investigation capable of determining what occurred and who bears responsibility for such loss of life.” This follows ongoing outsourcing of border control by Spain to Morocco, despite violations and concerns related to Moroccan management. Despite the concerns and over a year of diplomatic tensions, this agreement was further strengthened in April 2022 and later in July as the two countries renewed their migration cooperation commitments.
IDC is deeply concerned by the continued loss of life and forced disappearances of people at these borders. The deterrence mechanisms being utilised by countries in both North Africa and Europe violate international human rights standards, which most States have committed to. IDC urges States to ensure the protection, safety and freedom of people migrating, without being criminalised on the basis of their migration status.
As IDC continues to observe immigration detention trends across the MENA region, we will aim to raise awareness about the current realities and challenges, and also shed light on the gravity of the situation and experiences of migrants, refugees, and people seeking asylum in the region. As always, we believe there is an urgent need to find community-based alternatives to detention (ATD) that provide dignity to people on the move, and we call on governments to end immigration detention practices and allow for the implementation of right-based alternatives. We believe There Are Alternatives.
In May 2022, IDC engaged MENA partners and contacts working on immigration detention issues to become IDC members. IDC members engage in dialogues on emerging and important issues related to immigration detention in national, regional, and global contexts. An IDC membership provides you with opportunities to exchange ideas and develop collaborative strategies to impact immigration detention law, policy and practice around the world. If you are interested in IDC membership or more information about IDC’s MENA Regional Programme, please contact: [email protected]
Written by Amera Markous IDC MENA Regional Coordinator
Summary Document: Children & Youth Workshop Consultations in Thailand
From December 2021 to March 2022, the Thai government Department of Children and Youth – Ministry of Social Development and Human Security (DCY), International Detention Coalition, Terre des Hommes Germany (TDHs) and UNICEF Thailand, with support of the European Union, co-organised the Children and Youth affected by Migration-Led Advocacy Workshop and Consultation on the National Plan of Action on the Rights of Children in the Context of Migration in Thailand.
These partners developed a summary document describing their work with children and youth during this time. This includes a detailed overview of the problems and challenges identified by the children and youth, the proposals they presented to government stakeholders and their responses, as well as an Appendix with a list of coordinated forums, the Statement of Children and Youth Affected by Migration in Thailand, and the child-friendly activities implemented throughout this initiative, with further child-friendly materials available here.
For further insights and reflections, please also view the corresponding blog: 5 Lessons We Learned From Children & Youth Affected by Migration in Thailand.
Summary Document English (16 pages) DOWNLOAD
Summary Document Thai (18 pages) DOWNLOAD
5 Lessons We Learned from Children & Youth Affected by Migration in Thailand
Today, millions of children and youth migrate and cross international borders for many complex reasons, with some forced to leave their homes to escape conflict, violence, poverty, or environmental degradation, and to seek safety, peace and stability. Along the way, they are at risk of abuse, exploitation, and violence. Many travel with family members, but an increasing number of children are travelling alone, putting them at greater risk of harm and exposure to these dangers. The impact of these experiences is devastating and long-lasting.
In response, the international community has made a number of commitments to protect and uphold the rights of children. For example, the Convention on the Rights of the Child (CRC) adopted in 1989, and the Global Compact for Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GRC) which were both adopted in 2018 and have been implemented since. In Asia, at the sub-regional level, the ASEAN Declaration on the Rights of Children in the Context of Migration (ASEAN-CCM) and its Regional Plan of Action (RPA) were adopted and began implementation in 2019 and 2021, respectively. Additionally, at the regional level, children and youth affected by migration shared their views at the Asia-Pacific Regional Review of Implementation of the GCM in March 2021, as well as at the virtual launch of the ASEAN RPA on the Rights of Children in the Context of Migration in January 2022.
As the International Migration Review Forum (IMRF) takes place this May, and beyond, more leadership and agency need to be given to people with lived experience, especially children and youth, to provide feedback and to influence laws, policies, and practices that directly impact their own lives. This inclusion will lead to better and more informed policy development and implementation by States and relevant stakeholders at all levels, with the aim to ensure that the human rights of displaced people and migrant communities, especially children, are always promoted, protected and fulfilled.
Children and Youth Lead the Way
From December 2021 to March 2022, the Thai government Department of Children and Youth - Ministry of Social Development and Human Security (DCY), International Detention Coalition, Terre des Hommes Germany (TDHs) and UNICEF Thailand, with support of the European Union, co-organised the Children and Youth affected by Migration-Led Advocacy Workshop and Consultation on the National Plan of Action on the Rights of Children in the Context of Migration in Thailand. Here are five lessons we learned from this important initiative:
1. Meaningful child participation is critical to advocacy
Meaningful “child participation” refers to ensuring that all children enjoy the right to be heard, express their opinions, and influence decisions that impact them directly. This practice has proven to have a positive impact on the development of children and youth, through enabling them to acquire skills, build on their strengths and competencies, and increase their confidence and self-esteem. Child participation also advances the capacities of children and youth to promote leadership, civic engagement, tolerance, and respect for others. By applying the child participation principle throughout the capacity building process of this initiative, we strengthened the personal and collective empowerment of 175 children and youth affected by migration across 7 provinces in Thailand, including those from migrant, asylum seeking, refugee, and statelessness backgrounds. Through this leadership programme, which was designed using various partner materials, such as TDHs’s Manual on Children’s Participation and IDC’s Community Leadership Curriculum, these young people learned how to analyse relationships of power and develop campaigns to target policy makers and implementers. They also learned about the fundamentals of child rights, and global and regional policy mechanisms.
This group was diverse in background, age, gender, legal status, language, etc., which gave them the opportunity to learn from each other, and share their experiences, challenges and ideas for solutions. Child-centred and inclusive approaches were critical to this process, as it allowed for effective interaction between children and youth, facilitators, teachers, parents and others working on this initiative. As a result, the children and youth were more engaged and confident in amplifying their voices to adults in decision making. We also developed child-friendly materials on the GCM, GCR, ASEAN-CCM and RPA to help children and youth understand these instruments in a simple and clear way so that they were better able to strategically share their opinions with the Thai government and other stakeholders. We also provided capacity building for local organisations to facilitate meaningful child participation using these materials at the grassroots level on an ongoing basis.
While there has been progress through this initiative, meaningful child participation in policy and decision making continues to be limited. All stakeholders are needed to address this issue and ensure widespread inclusion of the leadership of children and youth affected by migration in advocacy and policy making.
2. Lived experience leadership has power and impact
In the migration context, leaders with lived experience are those who have direct, personal experience of the migration system, policies and issues. Based on their lived experience and their leadership, these leaders are best placed to inform, shape, and guide social purpose efforts aimed to benefit communities with shared experiences to their own.
In light of the Thai government’s National Plan of Action on the Rights of Children in the Context of Migration, which facilitates Thailand’s commitments in both Global Compacts, ASEAN-CCM, and its RPA, we invited migrant children and youth leaders from our capacity building process to share their experiences and solutions directly to policy-makers. In this forum, attended by Thailand’s Representative to ASEAN Commission on the Promotion and Protection of the Rights of Women and Children(ACWC), representatives from the Ministries of Interior, Foreign Affairs, Social Development and Human Security, as well as international organisations and NGOs, the children and youth leaders raised their concerns and presented their statement and recommendations for addressing challenges they face, such as legal status, access to healthcare, access to education, and immigration detention. Listening to these young people and hearing their stories directly was incomparable to reading reports and data, and the representatives present were moved, and felt inspired by the children and youth to take action. The policy-makers and key stakeholders committed to ensuring that the leadership and voices of children and youth are included in the development of the National Plan of Action on the Rights of Children in the Context of Migration.
Through this process, it was clear that centering the leadership of children and youth has power and impact in constructive engagement with policy-makers. We also learned that children and youth are key actors in creating systemic social change when provided the opportunity to do so.
3. The whole-of-society approach increases collective capacity to make change
The whole-of-society approach is defined in the GCM and GCR as broad multi-stakeholder partnerships, including governments, UN agencies, civil society, migrant communities, and other actors, that holistically address migration and refugee issues in all of their dimensions. Both Global Compacts also encourage governments to work with relevant stakeholders to make national plans to actualise the agreements made in the Global Compacts through concrete action. In line with the GCM, GCR, ASEAN-CCM, and its RPA, we applied the whole-of-society approach by partnering with government agencies, UN agencies, international and local Non-Government Organisations (NGOs) to advance a united goal to promote, protect and fulfil the rights of migrant children in Thailand. We did this together through the development of the National Plan of Action on the Rights of Children in the Context of Migration.
Most importantly, we involved children and youth affected by migration as key stakeholders and partners in the design of this National Plan of Action through meaningful and constructive engagement and capacity support. We ensured that their voices and views were heard and were part of developing solutions, which we believe helps all stakeholders better respond to needs on the ground. This whole-of-society approach allowed all stakeholders involved to understand the mandates, capacities and strengths of their counterparts, and create ways to work together in their various roles toward developing a more humane, just and child-centred migration policy. This collaborative approach is beneficial, as it increases our collective capacity as a group to challenge complex issues, which cannot be addressed alone or in silos. Most importantly, we learned that in broad multi-stakeholder partnerships, all actors must approach collaboration with respect, trust and with an open-mind.
4. Political will is necessary to make systems change
Thailand is a GCM Champion Country, and leads the implementation of Objective 13 of the GCM (alternatives to detention and ending child immigration detention) and Objective 15 (access to services for migrant communities; particularly access to healthcare). Thailand also plays the lead role in developing and implementing ASEAN-CCM and its RPA. These various global and regional commitments affirm the Thai government’s political will to promote the rights of children affected by migration in the country. The commitments also create a more inclusive and enabling environment of change among relevant stakeholders, including civil society, migrant communities and UN agencies, who can more easily plan their advocacy in line with the governments’ agreements within these global and regional instruments.
Additionally, it is important that we learn from children and youth affected by migration and their leadership and advocacy in Thailand, and use our experience as an example of systems change where those most impacted are part of the change-making process from the beginning. There is much more for the government and relevant stakeholders to do from here on to ensure widespread replication of this process. For example, all stakeholders must agree to this new approach, and involve children and youth affected by migration throughout the development and implementation of policies that directly impact them.
5. Global-to-local advocacy must be driven by local solutions
The global-to-local concept is based on ideas of inclusion and interconnection between global and local levels. For example, the GCM, GCR, ASEAN-CCM, and its RPA are global and regional instruments and commitments that must be implemented at national, local and community levels. Through our process, we applied this concept by translating global and regional commitments into the local context by creating a roadmap for implementation alongside children and youth affected by migration - the National Plan of Action on the Rights of Children in the Context of Migration.
We identified this process as a good practice and an important local solution in Thailand, and believe that the lessons we learned can help others hoping to do the same in their countries, as local solutions in one country can be adapted, replicated and scaled in other settings. By sharing the lessons we’ve learned, we hope to help encourage others to also ensure that the voices and leadership of migrant children are heard in all parts of the world.
The partners involved in this initiative have developed a detailed Summary Document about their children and youth consultation and leadership process, please view this for more insights. For further information about the Children and Youth Affected by Migration-Led Advocacy initiative in Thailand, please contact:
- Department of Children and Youth Thailand: [email protected]
- International Detention Coalition: [email protected]
- Terre des Hommes Germany: [email protected]
- UNICEF Thailand: [email protected]
Written by Chawaratt Chawarangkul IDC Southeast Asia Programme Manager & Mia-lia Boua Kiernan IDC Communications & Engagement Coordinator
Statement of Children & Youth Affected by Migration in Thailand
In Thai Below
"When we children on the move come together, our voices will be meaningful. We will make a change, create protection and vigorously promote our rights."
The Rights of Children in the Context of Migration in Thailand
Bangkok, Thailand: 22 March 2022
The 17 of us, as representatives of the hundreds of children on the move, from all regions of Thailand, have gathered together to make a voice for children and youth affected by migration to be involved in creating positive change to make us child citizens of the world with equal rights to all children.
We would like to thank you for all the opportunities to bring us together and give us the opportunity to learn and share with our opinions towards the National Plan of Action to advance the ASEAN Declaration on the Rights of Children in the Context of Migration as well as bringing our voice to reflect our participation in the Global Compact on Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). We know that the adults working with us do not leave children like us behind, and put importance on children’s voices at the policy level in a meaningful way.
In the context of migration, we may face special challenges that need support. But as children we still have rights, dreams, and hopes, like all children. We would like to ask adults to help us remove any obstacles that might hinder the rights we deserve, and support whatever will make our dreams and hopes come true. We raise a voice for the right to enable us to have a good life like every child around the world.
We raise our voice for:
- Right to Legal Status We and many friends were born and live in Thailand. Having an ID card and having citizenship in Thailand will give our lives a clear purpose. If we have been given legal status, we will also be able to access child rights. It will become a licence for us to live, study, work and have a bright future.
- Access to Healthcare Three equal benefits and access to public health services.
- Pay attention – pay equal attention to medical treatment for patients regardless of their backgrounds and consider the psychological impacts.
- Visibility – visualise and optimise services for migrants, refugees, and stateless persons.
- Equitable treatment – include universal health coverage for all groups of children on the move.
- Access to Education Equal quality education and more education opportunities. Education must reach children on the move, like all children. Children on the move need quality education that is suitable for us, such as free education or support scholarships. We also need to be able to obtain education certification without restrictions to help open the door to our dreams and our futures.
- Right to Security & Freedom from Arbitrary Detention We do not want children on the move to be arrested and detained due to our immigration status. We do not want to be separated from our parents. We want to be cared for by our families without immigration detention in any circumstance. We should be able to go to school and live as a child and have the same rights as all children. We ask adults to solve this problem for a sustainable solution nationally and internationally.
In the end, we thank everyone for being open-minded, and for listening and hearing children and youth affected by migration. You have made our voices meaningful by bringing them to create positive change on many levels. For us and together with us, we want you to know how much this means to us. We will never stop dreaming, never stop hoping, never stop improving ourselves, and never stop pushing for positive change, and for the rights of all children.
คำแถลงของเด็กและเยาวชนที่ได้รับผลกระทบจากการโยกย้ายถิ่นฐานในประเทศไทย
“เมื่อพวกเราเด็กเคลื่อนย้ายรวมตัวกัน เสียงของพวกเราจะมีความหมายเราจะสร้างการเปลี่ยนแปลง สร้างการคุ้มครองป้องกัน และส่งเสริมสิทธิของพวกเราอย่างมีพลัง”
สิทธิเด็กในบริบทการโยกย้ายถิ่นฐานในประเทศไทย
กรุงเทพ, ประเทศไทย, 22 มีนาคม 2565
พวกเราทั้ง 17 คน ในฐานะตัวแทนเครือข่ายเด็กและเยาวชนที่ได้รับผลกระทบจากนโยบายที่เกี่ยวกับการโยกย้ายถิ่นฐานหลายร้อยคน จากทุกภูมิภาคของประเทศไทย ที่ได้รวมตัวกันเพื่อร่วมกันส่งเสียง ของเด็กและเยาวชนเคลื่อนย้าย หรือ เด็กในบริบทโยกย้ายถิ่นฐาน ให้ได้ เข้าไปมีส่วนในการสร้างการเปลี่ยนแปลงที่ดี ที่จะทำให้พวกเราในฐานะ “เด็ก” พลเมืองของโลก ได้รับสิทธิเช่นเดียวกันกับ “เด็ก” ทุกคน
พวกเราอยากขอบคุณทุกโอกาส ที่ทำให้พวกเราได้มาเจอกัน และเปิดโอกาสให้พวกเราได้รู้จักและ มีส่วนร่วมในการแสดงความคิดเห็น ทั้งต่อแผนปฏิบัติการระดับประเทศ เพื่อการขับเคลื่อนปฏิญญาอาเซียน ว่าด้วยสิทธิของเด็กในบริบทของการโยกย้ายถิ่นฐาน พร้อมทั้งยังพาเสียงของเด็กไปสะท้อนการมีส่วนร่วมในข้อตกลงระหว่างประเทศเพื่อการโยกย้ายถิ่นฐานที่ปลอดภัย เป็นระเบียบ และปกติ (GCM) และข้อตกลงระหว่างประเทศว่าด้วยผู้ลี้ภัย (GCR) ทำให้พวกเราทราบว่า ผู้ใหญ่ไม่ลืมเด็กอย่างพวกเรา ไม่ทิ้งพวกเราไว้ข้างหลัง และยังให้ความสำคัญต่อเสียงของเด็กอย่างมีความหมายในระดับนโยบายอีกด้วย
ในบริบทของการโยกย้ายถิ่นฐาน พวกเราอาจเผชิญหน้ากับความท้าทายเฉพาะที่ต้องได้รับการช่วยเหลือและสนับสนุน แต่ในความเป็น “เด็ก” พวกเรายังมีสิทธิ มีความฝัน ความหวัง เหมือนกับเด็กทุกคน ขอผู้ใหญ่ช่วยขจัดอุปสรรคที่จะขัดขวาง สิทธิที่พวกเราควรจะได้รับ สนับสนุนสิ่งที่จะทำให้ความฝัน ความหวังของพวกเราเป็นจริง พวกเราขอส่งเสียง เพื่อสิทธิที่จะทำให้ที่จะทำให้เรามีชีวิตความเป็นอยู่ที่ดี ในฐานะเด็กคนหนึ่ง เช่นเดียวกับ เด็ก ทั่วโลกอย่างเท่าเทียม
พวกเรา ขอส่งเสียงเพื่อ:
- สิทธิของการมีสถานะบุคคลที่ถูกต้องตามกฎหมาย
พวกเราและเพื่อนหลายคน เกิดและอยู่ในประเทศไทย การได้มีบัตรประชาชน มีสถานะบุคคลที่ถูกต้อง หรือเป็นพลเมืองของประเทศ จะทำให้ชีวิตของพวกเรามีจุดมุ่งหมายที่ชัดเจน หากพวกเราได้รับสถานะบุคคลที่ถูกต้องตามกฎหมาย พวกเราก็จะสามารถได้รับสิทธิต่าง ๆ และ เป็นเหมือนใบเบิกทางในการใช้ชีวิต การศึกษา การทำงาน และอนาคตที่ดีของพวกเราอีกด้วย
- สิทธิการรักษาพยาบาล
สิทธิประโยชน์และการเข้ารับบริการสาธารณสุขที่เท่าเทียม 3 ประการ
- ใส่ใจ – ใส่ใจในการรักษาพยาบาลแก่ผู้ป่วย อย่างเท่าเทียม และคำนึงถึงผลกระทบต่อจิตใจของพวกเรา
- มองเห็น – มองเห็นและปรับปรุงแก้ไขบริการให้เหมาะสมกับเด็กเคลื่อนย้ายทุกกลุ่ม
- ปฏิบัติอย่างเท่าเทียม – รวมไปถึงหลักประกันสุขภาพทั่วหน้าเท่าเทียม ในกลุ่มเด็กเคลื่อนย้ายทุกกลุ่ม
- สิทธิทางการศึกษา
การศึกษาที่มีคุณภาพ เท่าเทียม และอยากได้โอกาสในการศึกษาระดับสูงขึ้น การศึกษาต้องเข้าถึงเด็กเคลื่อนย้ายเหมือนเด็กทุกคน การศึกษาที่มีคุณภาพเหมาะกับความเป็นเด็กเคลื่อนย้าย การศึกษาที่ไม่มีค่าใช้จ่ายหรือสนับสนุนทุนการศึกษา และได้รับวุฒิการศึกษา โดยไม่มีข้อจำกัดใดใด เพื่อให้ประตูความฝัน และอนาคตของเราเปิดกว้าง
- สิทธิการไม่ถูกกัก หรือคุมขัง
พวกเราไม่อยากให้มีการจับและกักเด็ก และไม่อยากให้แยกเด็กกับพ่อแม่ เราต้องการให้เด็กได้รับ การดูแลโดยครอบครัว โดยไม่มีการกักหรือคุมขังเด็กไม่ว่ากรณีใดใด ควรให้พวกเรา ได้ไปโรงเรียน ได้ใช้ชีวิตเช่น “เด็ก” และมี “สิทธิ” เช่นเดียวกับเด็กทุกคน อีกทั้งเราขอให้มีการแก้ปัญหา ทั้งในระดับประเทศและระหว่างประเทศ เพื่อแสวงหาทางออกที่ยั่งยืนให้กับเด็กที่ได้รับผลกระทบจากนโยบายที่เกี่ยวกับการโยกย้ายถิ่นฐาน
ท้ายที่สุด พวกเราขอบคุณที่ทุกคน เปิดใจ รับฟัง ได้ยินเสียงของเด็กและเยาวชนเคลื่อนย้าย และทำให้เสียงของพวกเรามีความหมาย นำไปสู่การเปลี่ยนแปลงที่ดีในระดับต่างๆ เพื่อพวกเราและร่วมกับพวกเรา พวกเราอยากให้ทุกท่านทราบว่าสิ่งนี้มีความหมายต่อพวกเราเป็นอย่างมาก และพวกเราจะไม่หยุดฝัน ไม่หยุดหวัง และไม่หยุดพัฒนาตนเอง ไม่หยุดผลักดันการเปลี่ยนแปลงที่ดี สำหรับและเพื่อ “สิทธิ” ของ “เด็ก” ทุกคน
Child-Friendly Advocacy Materials: Thailand
From December 2021 to March 2022, the Thai government Department of Children and Youth - Ministry of Social Development and Human Security (DCY), International Detention Coalition, Terre des Hommes Germany (TDHs) and UNICEF Thailand, with support of the European Union, co-organised the Children and Youth affected by Migration-Led Advocacy Workshop and Consultation on the National Plan of Action on the Rights of Children in the Context of Migration in Thailand. See the video below of one of our workshops (in Thai with English subtitles):
Together, we developed child-friendly materials on the GCM, GCR, ASEAN-CCM and RPA to help children and youth understand these instruments in a simple and clear way so that they were better able to strategically share their opinions with the Thai government and other stakeholders. See those materials below, and feel free to utilise them for other youth leadership efforts as well:
English Materials on the Global Compact on Migration & Global Compact on Refugees DOWNLOAD
Thai Materials on the Global Compact on Migration & Global Compact on Refugees DOWNLOAD
Thai Materials on ASEAN Declaration on the Rights of Children in the Context of Migration & its Regional Plan of Action DOWNLOAD
English Video on Introducing ASEAN Declaration on the Rights of Children in the Context of Migration VIEW
IDC’s Approach During the IMRF & Beyond
In December 2018, 164 States signed the Global Compact for Safe, Orderly and Regular Migration (GCM). This followed 18 months of negotiation among the UN General Assembly, during which States came together to discuss migration challenges and solutions. Civil society, including IDC, supported States in this process and advocated for them to take particular positions on various issues, such as immigration detention, alternatives to detention (ATD), and ending child immigration detention. The GCM is the official written result of these governmental exchanges and negotiations, and is the world’s first intergovernmental agreement covering all areas of international migration. While non-binding, the GCM provides governments with a UN policy framework for ensuring rights-based migration experiences across the world, more information here.
The GCM includes 23 Objectives which address a wide array of areas within the migration experience, such as regularisation pathways, access to services, discrimination issues, preventing loss of life, labour rights, human trafficking and many more. For IDC, Objective 13 aligns with our mission to reduce and end immigration detention: Use migration detention only as a measure of last resort and work towards alternatives (read the full text of Objective 13 on pages 20-21 of the GCM here.)
IDC was an integral civil society actor in the process of developing and ensuring that Objective 13 reflected existing human rights standards and obligations, and offered a solutions-focused way to action commitments. IDC and partners strategically negotiated and collaborated with different government actors to secure inclusion of particular provisions within Objective 13, including commitments to work towards the end of child immigration detention, to prioritise ATD, and to ensure a human rights-based approach to GCM implementation. While IDC and our partners had even stronger commitments that we wanted on these issues, the resulting Objective 13 in 2018 helped to set concrete milestones for our continuing advocacy towards ending immigration detention for all, particularly through holistic and collaborative whole-of-society and whole-of-government approaches that centre impacted migrant communities and leaders with lived experience of detention.
The IMRF
Now, four years later, the UN General Assembly is convening the International Migration Review Forum (IMRF), which will formally review the progress of governments and stakeholders in implementing the commitments and principles stated in all of the GCM Objectives. This review will happen every four years, with the inaugural IMRF taking place from 17-20 May 2022 in New York City. Further, States have agreed that each IMRF will produce a Progress Declaration - an official document outlining efforts made towards enacting the GCM framework over the four-year period being reviewed, including suggestions for moving forward and improving progress.
For IDC, a key aim in the lead up to and during the first ever IMRF has been to influence the drafting of this Progress Declaration, particularly in relation to the implementation of Objective 13. To do this, we have been working in close collaboration with civil society partners, leaders with lived experience, UN agencies, governments, local authorities, and other stakeholders invested in this global process, including the State co-facilitators of the IMRF and the Progress Declaration negotiations, Luxembourg and Bangladesh. IDC and partners have been advocating to integrate the following key actions related to Objective 13 into the 2022 Progress Declaration:
- Uphold the GCM guiding principles and ensure there is no regression from the GCM adopted in 2018
- Acknowledge the steps taken by States, civil society actors, and other stakeholders to progress Objective 13 over the past 4 years
- Acknowledge the critical role of migrant communities and ensure full and meaningful participation and collaboration
- Include concrete and practical guidance to phase out immigration detention, and implement rights-based and community-centred ATD where applicable
- Solidify opportunities for peer-learning to enhance international cooperation, whole-of-society and whole-of-government approaches
- Build on progress and strengthen the path towards ending child immigration detention that also leads the way to ending immigration detention for all
What happens during the 4 days of the IMRF?
The IMRF is a process led by States and convened by the UN General Assembly, therefore the agenda includes a set of plenaries geared towards facilitating exchange between States. An Interactive Multi-stakeholder Hearing for civil society and other stakeholders will take place on 16 May, as well as four thematic Roundtables on 17 and 18 May covering each of the 23 GCM Objectives. Anyone can view these roundtables, broadcasted here, while those registered and attending can join in person. IDC’s Executive Director Carolina Gottardo will moderate Roundtable 2, which includes Objective 13. Summaries of all four roundtable discussions are then shared in a policy plenary on 18 May, which will also showcase successes, challenges, and gaps in GCM implementation. Finally, on 20 May, the last day of the IMRF, the Progress Declaration will be adopted by Member States.
Further, civil society, UN agencies, governments, local authorities and other stakeholders will host side events during the IMRF to maximise momentum and engagement on various issues. In IDC’s role as co-lead of the UN Network on Migration Working Group on Alternatives to Detention alongside UNICEF and UNHCR, we are co-organising a side event with the governments of Thailand, Portugal, and Colombia. This 19 May panel event will focus on ending child immigration detention, and feature long-time IDC partner Hayat Akbari, a campaigner and advocate with lived experience of child detention, alongside government and UN representatives, and IDC’s Executive Director Carolina Gottardo who will provide insight into upcoming IDC research on detention and ATD. This is an online event, and we cordially invite those interested to join us here.
The UN Secretary General has also commenced a Pledging Initiative, which encourages States, UN agencies, civil society, and other stakeholders to pledge “a measurable commitment to advance the implementation of one or more GCM principles, objectives or actions.” Civil society can engage governments for pledges, which can be submitted here for presentation during the IMRF, and then used to support ongoing advocacy. IDC has been engaged in this initiative by supporting some governments with their pledging processes.
IDC’s Approach During the IMRF & Beyond
For IDC, the IMRF is a key milestone towards building momentum and furthering the global movement to end immigration detention. We do this through analysing the progress, gaps and challenges experienced by governments, civil society, communities, and other stakeholders in implementing Objective 13. Through reflection and taking stock, we identify promising developments, and agree on ways forward to strengthen and expand practices towards ending immigration detention.
To this end, IDC engaged in a series of research initiatives over the past few months, and will release three reports on immigration detention, ATD and Objective 13 implementation:
- Gaining Ground: Promising Practice to Reduce and End Immigration Detention - a global mapping that overviews promising ATD practices across the world
- Immigration Detention and ATD in the Asia Pacific Region - a UN Network on Migration collaboration providing insights on regional promising practice
- An IDC and UNICEF MENA collaborative mapping report identifying promising practice to end child immigration detention in the region
This strong and new evidence-base creates a catalyst for invigorating targeted peer-learning at regional and global levels, as well as exchange of technical expertise within and across regions, which will make IDC and our members and partners more impactful on the ground. Since its inception, IDC has prioritised the development of national, regional and global communities of practice that aim to change legal frameworks, policies and practice, and build more effective government and civil society partnerships through a whole-of-government and whole-of-society approach. IDC’s new research provides cutting-edge knowledge that can be used to make collaborative change through concrete action. This strengthens existing communities of practice and peer learning exchanges, and ultimately supports governments in implementing Objective 13 by looking into promising developments and addressing challenges and gaps.
More broadly, the IMRF gives all of us in the migration sector an opportunity to shape the global narrative of civil society advocacy. We identify the wins and losses for ourselves, and ensure that communities affected by migration policies are provided with the opportunity to lead in advocacy that directly impacts their own lives. Global events such as these are best utilised when civil society engages to showcase and build our collective expertise across the world. In particular for IDC, the IMRF is a critical moment to connect local, national, regional and global advocacy, and ensure that grassroots expertise and leaders with lived experience of detention are centred at each and every level.
As the focus moving forward will be strongly placed on national implementation, including further promoting voluntary national reviews of implementation and the development of national action plans by governments, all of our roles in actualising the GCM are most important beyond the 2022 IMRF. Civil society must be ready to organise, engage, and advocate to ensure governments are living up to their GCM commitments on the ground. While the IMRF is an opportunity to reflect and take stock, it is also an opportunity to envision and plan for strengthening and scaling up progress in the years to come, and ensure that real impact on the lives of migrant communities is at the centre of our changemaking.
For continued updates on the IMRF, please subscribe to the UN Network on Migration newsletter here, and view live streaming coverage of the IMRF in UN official languages at the UN TV website here. Please also contact IDC Global Advocacy Coordinator Silvia Gomez [email protected] for more information.
Written by Carolina Gottardo Executive Director, Silvia Gómez Global Advocacy Coordinator & Mia-lia Boua Kiernan Communications & Engagement Coordinator
Joint Statement on Immigration Detention Policies & Practices in Malaysia
Published on Monday 2 May, 2022
International Human Rights Community Urges Malaysian Government to Rethink Immigration Detention Policies & Practices
In the early hours of 20th April, over 500 Rohingya refugees, including 97 women, 294 men, and 137 children, escaped from a detention centre in Sungai Bakap. It was later confirmed that 7 of those who fled were killed tragically in a traffic accident, including three young children. Over the following days, at least 467 people were re-detained, and there is a continuing effort by government authorities to find and arrest the remaining refugees who fled. As members of the international human rights community, we the undersigned are deeply concerned by this heartbreaking loss of life, and we urge the Malaysian government to conduct an immediate, thorough, and independent inquiry into the underlying circumstances and detention conditions which led to such severe levels of human desperation, and prompted an escape attempt by so many.
It is reported that a large number of Rohingya refugees are held indefinitely in immigration detention centres in Malaysia, without possibility of release. This has been compounded by the Malaysian government refusing UNHCR access to detention centres in order to conduct refugee status determination processes since August 2019. Home Minister Hamzah Zainudin has stated that refugees held at the Sungai Bakap detention centre have been detained for over two years and cannot be deported.
The deprivation of liberty of people and families seeking safety and asylum is a serious concern to us, and is a fundamental violation of human rights. The impact of detention on mental, physical, and emotional health has been extensively researched and consistently shows that people, especially those who have previously experienced traumatic events, face high levels of mental health challenges as a result of being detained. Further, ample evidence proves that the severity of anxiety, depression, and post-traumatic stress that a person experiences is closely linked to the length of time they have spent in immigration detention.
As of 26 April 2022, the Malaysian Immigration Director-General Datuk Seri Khairul Dzaimee Daud reported that there were 17, 634 migrants in immigration detention centres nationwide, including 1, 528 children. The Home Ministry has also further reported 208 recorded deaths in immigration detention between 2018 and February 15th 2022, citing Covid-19, septic shock, tuberculosis, severe pneumonia, organ failure, lung infection, heart complications, dengue, diabetes, and breathing difficulties, among others.
We strongly urge the Government of Malaysia to:
- Carry out a comprehensive review of the current policies and practices of immigration detention centres in Malaysia to ensure they are in line with international legal standards
- Ensure full transparency of the investigation and review, and make the process and results available and accessible to the public
- Proceed with immediate implementation of the ATD pilot officially launched in February 2022, and ensure Rohingya children are included within the scope of the pilot
- Simultaneously, take immediate steps to enact legal and policy changes to ensure that children are no longer detained for migration-related reasons, given that only 5 children are to be released at any time under the ATD Pilot
- Follow through on the pledges made to uphold human rights, in order to secure their seat on the United Nations Human Rights Council, for example, “to implement policies and legislations that promote and protect the rights of the most vulnerable communities,” which indisputably include refugees, people seeking asylum and stateless persons, especially women and children
- Immediately release all persons registered with UNHCR from immigration detention and grant UNHCR access to all immigration detention centres to continue registration of persons of concern
- Grant access to Doctors Without Borders Malaysia, and other NGOs to immigration detention centres to ensure detainees have access to medical treatment and support services
Malaysia continually lags behind its closest neighbours in ASEAN, specifically Thailand and Indonesia, who have released hundreds of children from immigration detention into community-based care since 2018. Further, in Indonesia, the local government in Aceh has set up a task force to manage emergency response. These processes link refugee communities to support from IOM, UNHCR, Geutanyoe Foundation, JRS Indonesia, and other organisations, until the national government advises which cities they will be transferred to for sustainable and ongoing accommodation and support.
We call upon the Government of Malaysia to respond to this human tragedy with compassionate leadership and integrity, and commit to protecting the rights of refugees and people seeking asylum in Malaysia, as committed to in the UN Convention on the Rights of the Child (CRC), the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the ASEAN Declaration on the Rights of Children in the Context of Migration. The Government of Malaysia must reconsider its current policies and systems of immigration detention, which are arbitrary, harmful, costly and ineffective. Instead, they should develop and implement non-custodial alternatives to detention, particularly for people in vulnerable situations, such as children, ethnic and religious minorities, women, gender-diverse and LGBTI+ people.
It is time for Malaysia to step up to its international commitments, and we stand prepared to support the Government and other civil society organisations in developing systems and frameworks for alternatives to detention, and ensuring that nothing like this ever happens again.
Signed,
International Detention Coalition
Asia Pacific Refugee Rights Network
ASEAN Parliamentarian on Human Rights
Asian Forum for Human Rights and Development (Forum-Asia)
It’s Been 3 Years Since the Signing of the ATD-MOU in Thailand: Where Are We Now?
On 21 January 2019, representatives of 7 Thai Government agencies signed the Memorandum of Understanding on the Determination of Measures and Approaches Alternatives to Detention of Children in Immigration Detention Centres (ATD-MOU), as well as Standard Operating Procedures (SOPs) to implement the ATD-MOU starting in September 2020. The ATD-MOU was a concrete outcome of a pledge made by Prime Minister Prayut Chan-o-cha during the 2016 Leaders’ Summit on Refugees at the United Nations in New York. At the summit, he publicly pledged to end the immigration detention of refugee and asylum seeker children in Thailand.
Ever since the ATD-MOU was signed 3 years ago, IDC and HOST International have worked in partnership to collate and strengthen the evidence-base that can be used to increase practical understanding of community-based, rights-based, and gender-responsive ATD within the Thai urban refugee context. IDC and HOST have also been working together, and with various local partners, to strengthen ATD policy and practice in Thailand during this time.
To mark the 3rd anniversary of the ATD-MOU, IDC, HOST International and the Embassy of Canada to Thailand organised an event: “Strengthening Community-based ATD in Thailand: Lessons Learned From the Past 3 Years.” This event was funded by the Canada Fund for Local Initiatives (CFLI) and was held at the Novotel Sukhumvit Bangkok on 28 February 2022.
Over 60 people attended from a diverse group of stakeholders, including government agencies, civil society organisations, UN agencies, and diplomatic missions. Attendees came together to share and discuss the growing evidence-base, as well as critical pathways to shift focus from enforcement-focused models of ATD, towards ATD that is centred on community-based protection and care for all children and their families. The event began with opening remarks by Her Excellency. Dr. Sarah Taylor, the Ambassador of the Embassy of Canada to Thailand. She called on everyone to consider the crisis in Ukraine, and the stark reminder it gives us all that refugees and people seeking asylum flee their countries by no fault of their own, and security risk must be carefully assessed, not assumed. Dr. Taylor affirmed that the detention of people seeking asylum must only be used as an absolute last resort, and the detention of children is never justified.
These important remarks were followed by Laddawan Tantivithayapitak, President of HOST International Foundation Thailand, who emphasised HOST International’s mission to make life better for people on the move in Thailand by fostering humanity, hope, and dignity for all. Tantivithayapitak reflected on the partnership between HOST International and the Department of Children and Youth (DCY), as well as other key stakeholders who have supported children and their families being released from immigration detention since 2018, through a community-based Case Management programme.
Yuhanee Jekha, Regional Programme Manager at HOST International, then presented the independent evaluation report of HOST’s community-based Case Management programme conducted in 2021. This report highlighted the programme’s successes, lessons learned, and recommendations for specific interventions to bring more humanity and dignity to the urban refugee experience in Thailand. For example, following release from detention many children and their families found it very difficult to navigate complex legal systems, to meet basic daily needs, to access and pay for health care, manage finances, and participate in education. To address these issues, community-based Case Management in urban areas has proven to work extremely well and has excellent potential to grow to scale. In Thailand, this approach is cost-effective, supports compliance with immigration requirements, and leads to improved well-being by providing holistic and tailored support. This approach also requires strong partnership, the ongoing involvement of local communities, and long-term investment to support strengthened migration governance outcomes in Thailand. For more information about this evaluation, please contact HOST International.
The event also featured a panel, which included Suthida Srimongkol, Director of Protection System Development Sub-Division at the Department of Children and Youth (DCY), Ministry of Social Development and Human Security, and Pasatree Comwong, Senior Social worker at Save the Children Thailand. The panel discussion was moderated by Parinya Boonridrerthaikul, Child Protection Officer at UNICEF Thailand.
Srimongkol shared an overview of the child protection system being implemented at the sub-district level by DCY since 2017, and discussed the localisation of child protection such as the Sub-district Child Protection System (SD-CPS), the Child Maltreatment Surveillance Tool (CMST), and the Child Protection Information System (CPIS). She underlined that case management is key to both short-term and long-term protection of children, as an effective case manager plays a vital role for children and families who are rebuilding their lives in the community. DCY also works at the district and provincial levels to build the capacity of local authorities and equip them with the skills and tools needed to work with children. Srimongkol welcomed civil society to partner with DCY in these efforts to strengthen child protection mechanisms within local communities.
Comwong emphasised the role of community in the protection of vulnerable children and indicated that it is critical to understand the community’s capacities and perform resource mapping. Through these mapping processes, the community is able to recognise the different roles they can play to protect vulnerable children. Further, these community and resource assessments need to be accessible and updated routinely. Boonridrerthaikul added that it is important to stay focused on the big picture, which is not just about non-detention, but about enabling access to legal status, health care, education, and meeting other important needs of children.
Angkhana Neelaphaijit, President at Justice for Peace Foundation and former Commissioner of the National Human Rights Commission of Thailand also delivered key remarks. She clarified that while Thailand might regard itself as a transit country, many people cannot ever be repatriated or resettled elsewhere. Therefore, under current Thai policies many are forced to spend much of their lives in immigration detention, some for over a decade. This presents a moral challenge to Thailand’s commitment to human rights. Neelaphaijit shared key recommendations to the Thai government and Thai people in moving forward:
- Ensure that all children receive proper care and protection without discrimination on any grounds, and with consideration of the best interests of the child.
- Accelerate the finalisation of the regulation and procedures of the national screening mechanisms, so that refugees and people seeking asylum can work and be independent.
- Cultivate accurate information and inform public understanding about the root causes of migration, and the right and need for people to be able to seek international protection and a better life.
- In cases of enforced disappearance, sexual abuse, and human trafficking, the government and relevant agencies must accelerate investigations and bring the perpetrators to justice, while also providing support and remedies to victims and survivors.
- Laws must be changed to centre the experiences of survivors, including the Immigration Act, the Anti-trafficking In Persons Act.
As IDC Southeast Asia Programme Manager and a long-time Thai advocate, I also had a chance to speak at this important event and share IDC’s newly published research analysis of the Promising Practices in ATD for children and their families. As someone who has been part of the ATD-MOU’s development from day 1, I have witnessed Thailand make significant progress since the ATD-MOU came into effect in 2019. Hundreds of children and their families have been released from immigration detention over the last three years. However, children continue to be subject to immigration detention in Thailand, as the ATD-MOU is only triggered once a child has been arrested and detained. Children may be released with their mothers, though mothers are required to pay bail at prohibitively high costs. Fathers are not typically considered for release under the ATD-MOU, which results in family separation and pressure on mothers who find themselves as single heads of household. Through IDC’s research analysis, we aim to support the Thai government and stakeholders by illustrating what rights-based ATD for children and their families looks like, alongside promising examples from different country contexts that may be of particular interest.
Political will, commitment to the best interest of the child, and multi-stakeholder collaboration have been the key drivers of advocacy efforts among Thai civil society, government partners, UN agencies, the diplomat community, academics, and people whose lives are impacted by immigration detention. For me, the 3rd anniversary of the ATD-MOU is a vital milestone for all stakeholders to consider how to improve ATD policy and practices in Thailand to ensure that all children and their families affected by immigration detention can access community-based, rights-based, and gender-responsive ATD. With Thailand’s global leadership on ATD, I believe that one day immigration detention will no longer exist in my country, and people who migrate here will live with rights and dignity - which is IDC’s vision for the world.
IDC shares much gratitude to HOST International, the Embassy of Canada to Thailand, the Canada Fund for Local Initiatives (CFLI), and our other local members and partners for your continued collaboration and commitment.
Written by Chawaratt Chawarangkul IDC Southeast Asia Programme Manager & Photo Credits to the Embassy of Canada to Thailand