Title: Repatriation from Thailand to Myanmar of trafficked children = The process of returning victims of child trafficking from Thailand to Myanmar
Author: San Latt Phyu
Year: 2009
Keywords: N/A
Theme: Migration
Advisor(s): Supang Chantavanich, advisor, Huguet, Jerrold W., co-advisor
The full thesis available here.
Abstract: Repatriation process is regarded as the last stage of the protection program for the trafficked persons. It is the stage that has more human interaction and personal contact between the caregivers and the receivers. Trafficked children, in particular, have vulnerability as they still need to depend on others for their well-being. Therefore, there are special provisions and specific legislation both international and national based on human rights principles to protect the children during the repatriation process. It is important to apply the rights-based approach to trafficked children when the care givers help them to redress their human rights and reduce the barriers to apply such approach at the hands of caregivers. As there is still an argument in defining what is repatriation and reintegration, the findings first presented the different interpretations from different caregivers. Then, it describes the repatriation process starting from victim identification, care and supporting programs at Baan Kredtrakarn shelter including vocational training, health care, psycho-social support and legal assistance in Thailand and analyzed the degree of application of rights-based approach in accordance with the national and international guidelines. The continued process in Myanmar is explained briefly together with the family tracing process and the challenges in Myanmar. Throughout the presentation of research findings, the three evaluating factors in rights-based approach which are the accountability, equality and non-discrimination, and participation were used to analyze the current practices in the process of repatriation. It was found out that the rights-based approach has been partially addressed in the current repatriation process. The accountability, equality and non-discrimination, and participation are applied in the aspects of i) cooperating with civil society organizations for effective protection, ii) having multidisciplinary team, iii) providing measures in Thai laws and bilateral MOU for faster repatriation, iv) providing same legal assistance regardless of nationality, v) keeping the best interest of the children in the legal process and maintaining confidentiality in the family tracing process. On the other hand, the three main principles are needed to enhance in the following areas because of i) different interpretations for repatriation and reintegration, ii) the limited channels for the participation from the children, iii) corrupted officials in the legal process and some Thai officials' negative attitudes towards migrant workers, iv) resource constraints for individual care, v) lack of alternative option for the children who do not pass the nationality confirmation. The repatriation process is the final step in the protection program for victims of human trafficking. This step emphasizes the interaction between caregivers and victims, particularly girls who are often trafficked and dependent on others for a better life. Therefore, special requirements and laws, both international and national, concerning human rights, are in place to protect victims during the repatriation process. A rights-based approach is appropriate to help ensure that children receive their human rights and to reduce obstacles faced by caregivers in providing protection. Preliminary findings reveal differing understandings of the meaning of repatriation and social integration. The first difference is evident in the varying perceptions of repatriation among caregivers. The repatriation process in Thailand includes victim identification, shelter care and assistance at Baan Kret Trakarn, vocational training, healthcare, social and psychological support, and legal assistance. The repatriation process is analyzed using a rights-based approach, considering national and international laws. The ongoing process in Myanmar involves locating the victims' families and addressing various obstacles encountered there. The analysis of victim rights protection considers three factors: accountability, equality, and non-discrimination. Research has found that victim-centered protection is not currently fully implemented. While it is partially applied in the repatriation process, particularly in terms of accountability, non-discrimination, equality, and non-discrimination, it was observed that protection is demonstrated in: 1) effective collaboration with civil society organizations in victim protection; 2) the use of multidisciplinary teams; 3) provisions in Thai law and bilateral Thai-Myanmar agreements for expedited repatriation; 4) equal access to legal assistance for victims of all nationalities; and 5) prioritizing the best interests of the child in the justice process and maintaining confidentiality in tracking victims' families. However, some steps in the repatriation process should see greater application of victim-centered protection, including: 1) differing interpretations of the term "repatriation" and its integration into society by various stakeholders; 2) limited avenues for child participation in the repatriation process; 3) corruption within the legal process and negative attitudes of some Thai officials towards migrant workers; 4) limited budgets for victim care; and 5) the lack of alternative options for children who have not yet had their Myanmar national identification numbers verified by the Myanmar government.