Open Letter To Prime Minister Yingluck Shinawatra

[webfact]

Open letter to the prime minister

Your Excellency Prime Minister Yingluck Shinawatra,

We, the undersigned members of the Asia-Pacific Refugee Rights Network, are deeply concerned about the deportation of Ka Yang, a Lao Hmong recognised as a refugee by the UN High Commissioner for Refugees (UNHCR). Ka Yang was deported from the Immigration Detention Centre in Bangkok to the Lao border on December 17.

It is important to highlight that this is the second time that Thailand has deported Ka Yang. On December 24, 2009, the US government accepted his application for resettlement to the United States. However, later the same day, the Thai authorities forced Ka Yang and 157 other Lao Hmong refugees back to Laos.

Ka Yang subsequently fled Laos and returned to Thailand. Thai immigration authorities detained him earlier this year at Bangkok's Immigration Detention Centre. Both the UNHCR and the US Embassy in Bangkok asked the Thai authorities not to return Ka Yang to Laos again, but those requests were not heeded.

Our network has been unable to establish the location of Ka Yang and his family in Laos. We are deeply concerned about the safety and security of Ka Yang.

It is noted that Thailand has been generous and accommodating to those who have sought refuge within its borders. It has been compassionate and understanding of those in need of protection from persecution. This commendable position of the Thai government has recently been reiterated at the Universal Period Review of Thailand at the UN Human Rights Council and [the country] subsequently pledged its respect for the human rights of refugees at the 60th Year Anniversary of the 1951 Refugee Convention.

Although Thailand is not a signatory to the Convention Relating to the Status of Refugees (1951) and its 1967 Protocol, it is bound nonetheless by the customary international legal principle of non-refoulement (contained in Article 33(1) of the Convention), which states that no state shall expel or return an asylum-seeker or refugee to a country where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. This principle applies regardless of an individual's immigration status at the time he entered the country and anytime thereafter. Therefore, Thai authorities are obligated to refrain from sending a refugee back to Laos if they are determined by the UNHCR to still be in need of international protection.

We strongly urge the Thai government to reconsider its ill-advised action and review its policy and procedure on refugees seeking asylum in Thailand. Thailand should take all measures to prevent any future return of refugees in violation of the principle of "non-refoulement". We also call on the Thai government to ensure that Ka Yang is not persecuted in any way by the Lao government and is released and permitted full freedom of movement. Should he return again to Thailand, we urge you to order the National Security Council (NSC) to permit Ka Yang to take up the offer of international refugee resettlement offered to him by the US government.

We hope the Thai government will undertake measures that will adhere to the high standards of compassion and human rights in this case. Thank you for your consideration of this urgent request and we look forward to your response.

Advocates for Public Interest Law, South Korea

Asian Forum for Human Rights and Development

Asylum Access, Thailand

ESCR Asia

Fahamu Refugee Programme, Fahamu Trust, United Kingdom

Inhured International, Nepal

-- The Nation 2011-12-29

[samran]

My Prime Minister only cares about one refugee, and it ain't Mr Ka Yang....

[alexakap]

Your Excellency Prime Minister Yingluck Shinawatra

Irony or sarcasm?

[americaninbangkok]

Irony or sarcasm?

The protocol term of respect... even if not yet earned/demonstrated.

[TAWP]

The handling of refugees by Thailand has for long time been under all accepted standard levels and this government - no matter what some apologists were/are trying to say - isn't any better at it than the previous.

One day I hope this nation start to accept a humanitarian solution to issues that arises.

[americaninbangkok]

My Prime Minister only cares about one refugee, and it ain't Mr Ka Yang....

Agreed. Although it should be noted that the one person the PM may be interested in saving actually would not qualify for refugee status. Committing a crime/felony is NOT grounds for being classified as a refugee.

Edited December 29, 2011 by americaninbangkok

[pxlgirl]

It seems refugees are not "important" enough. At least one thing red and yellow would have in common, but that's nothing they should be proud of.

[stoneyboy]

Why should Thailand care a toss about refugee's,this is evident in their treatment of all foreigners legal or illegal.

[JurgenG]

I don't remember the Nation to be so eager to name and shame the previous PM when the

the Rohingya refugees were sent back to sea without food or water.

Actually, if my memory serves me well, the Nation even published an article asking the then UNHCR goodwill ambassador Angelina Jolie who came to visit the refugees camp to mind her own business.

[hellodolly]

I don't remember the Nation to be so eager to name and shame the previous PM when the

the Rohingya refugees were sent back to sea without food or water.

Actually, if my memory serves me well, the Nation even published an article asking the then UNHCR goodwill ambassador Angelina Jolie who came to visit the refugees camp to mind her own business.

Sorry but I was here and Abhist name was mentioned.

It is the same as Yingluck's name being mentioned here. If you are the PM you are the front man or women for all that happens in the government.

Does any one know if there ever was punishment of the army for their actions. I could not believe it when Abhist failed to appoint a non biased panel to look into and had the army look into it. That was just one of the reasons I did not like him but he was the best of the bunch available.