Aids orphans and visas

[Larry]

Here is my proposal to help alleviate the problems of orphans of AIDS, while providing a solution to many visa woes.

Please feel free to circulate this.

Sincerely yours,

Larry Abramson

คณะกรรมการช่วยเหลือเด็กกำพร้าจากโรคเอดส์ในเมืองไทย

Committee to Help Orphans of AIDS in Thailand

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E-mail: [email protected]

A proposal to help solve the problem of Thai AIDS orphans

Larry Abramson

Attorney, New York and Israel

The problem

Probably the greatest potential threat to the social, economic and political stability of Thailand is the huge number of present and future AIDS orphans.  AIDS destroys the working generation of parents, and the current figure of 330,000 orphans is increasing each day. These children are like a ticking time bomb. If they continue to be institutionalized or placed with relatives and foster families with little or no financial support or monitoring, the overwhelming majority will not receive the proper care and education they deserve, and will become drug addicts, prostitutes and criminals. Such a horrible human waste would be a social and financial disaster for Thailand. In addition to the loss of earning potential, the costs of the criminality and misery would be staggering, and would extend into future generations. Thailand’s reputation would also suffer in the international community. Something must be done quickly. Solving this problem calls for creative thinking. The following is a proposal for a national program to help solve this problem.

The costs

Let us realistically assume that raising a Thai child at an acceptable minimum standard in Thailand costs about 22,000 baht per year, including food, clothing, educational expenses, the child’s share of housing costs, some money to the child’s caretaker, as well as the child’s “share” of the administrative costs of the program, including monitoring of the child, and supervision and financial control. Where can Thailand get an additional 6.5 billion baht (about 150 million dollars) each year?

A possible source

The many foreigners wishing to work and do business in Thailand can be a source of funding for this vital program.

Thailand has traditionally had a fairly restrictive immigration policy, even regarding the citizens of Western and other wealthy countries. Thai law does not allow these persons to own land and pursue many businesses. In addition, it forces many of them to make wasteful and time-consuming “visa runs” every two or three months. The immigration bureaucracy, with its multitude of visa types, requirements and exceptions is complicated and often wasteful and unfair. Those wishing to work or start businesses in Thailand often turn to lawyers and middlemen, or try dishonest solutions. All of this simply wastes huge amounts of money, siphoning it off into the wrong pockets.

The basis for these restrictive rules is the valid goal of ensuring that Thais keep control of their country. However, the many exceptions and subterfuges often frustrate this goal, while leaving Thailand with its cumbersome immigration rules and structures.

This proposal links the financial support of a number of Thai AIDS orphans with the right to two new kinds of immigration statuses: three-year non-immigrant visas and special permanent residency permits:  

· The three-year non-resident visa would require the holder to support six AIDS orphans for three years, and give the holder the right to work in Thailand, with the current restrictions.

· The special permanent residency permit would require a fifteen-year commitment to support nine AIDS orphans, but would give a foreigner most of the rights of a Thai citizen, except for voting, holding office or serving in an important government security-related position. Land ownership would be limited to a reasonable amount, such as four rai. Foreigners could also obtain additional three-year non-immigrant visas and special permanent residency permits for immediate family members at a fixed “rate”. Companies might also seek visas for a given number of foreign employees. Older retired persons could support two or three orphans in return for a three-year retirement visas. The entire program would be administered by private charitable organizations licensed and supervised by the Thai Government. These “Certifying Organizations,” would be empowered to grant certificates, to foreigners in order to prove that they are supporting a certain named children.

How the program could be structured

There are many existing organizations that could serve as models for the Certifying Organizations. One of these is the “Kids’ Ark” project in the Chiangmai area. The idea of Kids’ Ark is to take money collected from foreign individual sponsors and organizations, and to deposit this money in special accounts for each AIDS orphan. The money is released each month to the relatives as long as the children remain in school and are well taken care of. Kids’ Ark monitors each child’s progress. The financial support given by Kids’ Ark allows the children to stay with grandparents or other relatives, instead of being placed in institutions. The contacts between the Kids’ Ark representatives and the children’s relatives, teachers and the social authorities benefit the children, and give them and their often elderly relatives hope in their lives and a sense that someone cares. Kids’ Ark takes care of about 150 children.

With the proper financing and organization, Thailand can have Certifying Organizations in each amphur, each taking care of perhaps 150 to 250 children. Certifying Organizations should be locally based, so that they can more easily supervise the care and progress of the children, and, in turn, be more easily supervised by the Government authorities.

Certifying Organizations would be able to enroll a number of AIDS orphans according to funds available to it. An “AIDS orphan” might be defined as a child who has lost a parent as a result of AIDS, or whose parents have tested HIV positive and are too sick to work in a regular manner. In choosing which AIDS orphans to enroll, Certifying Organizations would follow guidelines according to a child’s needs, prioritizing those who are most likely to find themselves in a danger zone. All children would be required to be HIV tested. Differentiation can be made between how money would be spent on children testing HIV negative and those testing HIV positive. As long as AIDS is incurable and resources are limited, the first group would be prioritized regarding education and future planning, and the second group regarding medical treatment

A foreigner wishing to apply for the three-year non-immigrant visa or the special permanent residency permit would contact one of the Certifying Organizations, which would provide them with names of children who are AIDS orphans, collect the necessary deposits, and issue the certificates of support.  To encourage compliance and a feeling of participation, the foreigners would be informed about the progress of the children each year, and might even meet them from time to time, at the children’s homes.

All foreigners would naturally also need to show proof of no criminal convictions in their own countries, and could lose their status if they are convicted of serious crimes in Thailand. Foreigners may also be required to meet some reasonable financial criteria. However, the major requirement would be that they deposit three years of child support for the five or nine children with the Certifying Organization. Those applying for the special permanent residency permit would also sign a binding commitment for a total of 15 years of payments, to be paid in lump sums every three years. This commitment should be made in the form of a promissory note, enforceable internationally in the event of a default. After paying the initial deposit, and complying with the other requirements, the foreigner would take his or her documents to the Immigration Office, and be given the three-year visa or special permanent residency permit.

About 80% of the money paid by the foreigners would be deposited in special bank accounts for each child. The remaining 20% would be used to fund the activities of the organization, pay the fees of specialists of various kinds, and pay for activities to benefit all the children of the community.

To prevent corruption and abuse, a central list of AIDS orphans would be maintained, indicating the name and registration information of each child, the identity of the supporting foreigner, the appropriate Certifying Organization, and the bank account number for the child. While corruption cannot be completely eliminated, legislation should be adopted making stealing from AIDS orphans punishable by very harsh sentences.

Each Certifying Organization would work with the various social authorities to place children first with relatives, and if no suitable relatives were found, with neighbors and friends. Several times a year, the Certifying Organization would monitor and check the progress and needs of each child under its care. This would include contact with teachers, social workers, medical staff and other specialists. Every month, money would be released to the child’s caretakers to cover the child’s expenses and many of the common expenses of the family. If the child is found not to be regularly attending school, however, or is not properly cared for, the money would cease to be paid after a warning period, or alternatively, the child would be placed in a new home.

Certifying Organizations would affiliate with international organizations and offices in Western countries, so that the foreigners would be able to deduct the contributions paid to support the children as charitable tax-deductible contributions in their home countries. Naturally, these contributions would not be deductible from Thai taxes.

Possible objections and questions

Isn’t this selling residency in Thailand?

No.  Many countries reward foreigners whose actions benefit the country, and there is hardly a better way of benefiting Thailand than helping Thai children to be proud, productive citizens. The current system already rewards those who make major investments or demonstrate that they have money. Why not reward those who truly contribute to solving Thailand’s greatest potential problem? In addition, those who are legally bound to support a Thai child can already obtain a non-immigrant visa in many cases.

Won’t this flood Thailand with foreigners who will compete with Thais for jobs and property?

No. There are plenty of foreigners living in Thailand today, circumventing legal restrictions by recording 30-year renewable leases, starting companies and making repeated visa runs. Besides, would Thailand rather give some rights to a few thousand responsible foreigners, or watch 330,000 Thai children become addicts, criminals and prostitutes?

Won’t this program attract child abusers?

No.  Foreigners with criminal records would not be eligible for this program. While those foreigners who wish, may arrange visits with the sponsored children, these would not be unsupervised.

Won’t this just be an easy way for foreigners to adopt a Thai child?

No. Sponsoring a child will not give a foreigner any greater right to adopt that child.

What about corruption?

A national registry of sponsored children, government supervision and stiff penalties would help eliminate corruption, or at least reduce it.

Won’t such a program cost Thailand a great deal of money?

No. The program would be entirely self-supporting.

Would Thailand lose face through this program?

No.  Thailand would be seen as a progressive country that prioritizes its most valuable resource – its children.

Good idea!  Where do we go from here?

The first step is to gather support from the public and private sectors. Efforts should be made to publicize this proposal in newspapers and on television. Those with contacts in the government and parliament should use them. Religious leaders should be contacted as well. The government should be asked to appoint a commission to seriously consider this proposal and make recommendations for appropriate laws and regulations within six months.