BANGKOK, THAILAND – Refugees arriving in Thailand often leave danger behind, but their struggle for survival is just beginning. Thailand has not ratified the 1951 Geneva Refugee Convention. The Immigration Act of 1979 does not recognize a “refugee” category, only “illegal immigrant.” Consequently, individuals recognized as refugees by the UNHCR are still considered illegal under Thai law.
According to the NGO Asylum Access Thailand, approximately 7,000 asylum seekers from 45 countries reside in Bangkok and other cities. An additional over 80,000 Myanmar refugees live in nine border camps. For all these individuals, the fundamental challenge remains the same: no right to work, no secure access to healthcare and education, and a constant threat of deportation.
What UNHCR Status Means in Thailand
The United Nations High Commissioner for Refugees (UNHCR) conducts its own recognition process in Thailand. Those who pass are internationally recognized as refugees and receive a UNHCR ID card. However, this card holds no legal standing in Thailand. Thai authorities are not obligated to acknowledge its validity.
In practice, this means a mother from Pakistan, even if recognized by the UNHCR, can be arrested once her tourist visa expires, which is inevitable if the recognition process takes months or years. Individuals without documentation risk arrest during any police operation in their neighborhood. Some face detainment while simply shopping.
The NSM: A Hopeful Start with Limited Results
In September 2023, Thailand launched the National Screening Mechanism (NSM), a state-run process for recognizing individuals seeking protection. This marked the first time the country had its own legal framework for asylum seekers, independent of the UNHCR. This development was seen as a positive step forward.
However, in the 18 months since its inception, only seven individuals have been recognized. Human rights organizations criticize the NSM for not protecting applicants from arrest and detention, despite its paper-based protection against deportation. Those applying for the NSM can still be arrested under Section 17 of the Immigration Act, a known loophole that remains unaddressed.
Half Pay Because No Passport
Without legal residency status, there is no right to work. In reality, those who do work are undocumented and vulnerable to exploitation. Some employers pay less, knowing that workers cannot report them. Others refuse to hire them altogether. Lacking income means being unable to pay medical bills. Without papers, access to hospitals is restricted or requires upfront payment.
This has led to a silent parallel society in Bangkok’s residential areas. Refugees cook and sell Biryani, work as interpreters for fellow refugees, and teach each other cosmetics and crafts. It is an economy of necessity, functioning out of a lack of alternatives.
Growing Up in Bangkok, Legally Invisible
Young people who arrived in Thailand as children or grew up there are particularly affected. They speak Thai and know only Bangkok, yet they lack documentation. Schools and universities require identification, blocking educational paths regardless of academic performance.
Some hope for resettlement in a third country like the USA, Canada, Australia, or Germany. However, waiting times are long, and spots are limited. Globally, the UNHCR estimates the need for resettlement in 2026 to be 2.5 million places, yet only 120,000 have been pledged by the international community, representing a vast chasm.
80,000 in Camps: The Unseen Others
Alongside urban asylum seekers, there is a larger group: over 80,000 refugees from Myanmar living in nine border camps managed by the Royal Thai Government. Many have resided there for decades, with nearly half born within the camps. They can only leave the camps in exceptional circumstances, have no right to work, and depend on aid organizations.
The Thai government has announced plans to close the camps within the next ten years, but the implications for residents remain unclear. Returning to Myanmar is an option, but the civil war continues. Resettlement is limited by insufficient quotas. Integration into Thailand is hindered by the lack of a legal basis.
What is Needed Now is a Law
The solution is evident but not implemented: Thailand must ratify the Geneva Refugee Convention or enact a national asylum law that protects refugees from arrest and grants them the right to work. Human rights organizations have been advocating for this for years, without success.
For expats in Thailand, this is not an abstract issue. Those living here understand Thai bureaucracy, the importance of papers, and the anxiety of an expiring visa. The difference lies in the consequences: an expired visa might cost an expat a fine and hassle. For a mother from Pakistan or a young woman from Vietnam, the same oversight could lead to arrest, deportation, and family separation. One is an inconvenience; the other destroys lives.