Publication Date:June 2025
Authors: Andrew Wai Phyo Kyaw
For further details on the article, visit the journal at
https://jcsh.rsu.ac.th/volume/12/number/1/article/251
Abstract
This article examines the vulnerabilities of Thailand's urban refugees and asylum seekers under existing laws and legal mechanisms. Despite hosting approximately 5,500 urban refugees and asylum seekers from over 40 countries, Thailand is not a signatory to the 1951 Refugee Convention and its 1967 protocol. The country's response to people seeking refuge is primarily governed by domestic laws, leaving urban refugees and asylum seekers vulnerable to arrest, detention, and limited access to basic services. The recently established National Screening Mechanism (NSM) in 2019 aims to differentiate between migrant workers and asylum seekers, who are granted 'Protected Person' status. However, this study reveals that the existing framework falls short in key critical areas, potentially exacerbating the vulnerabilities of those it intends to safeguard. Through qualitative research methods, including in-depth interviews with 20 urban refugees and asylum seekers in Bangkok, this article explores their experiences and interactions with Thai law enforcement, immigration procedures, and daily survival strategies. The findings highlight interconnected vulnerabilities, including legal barriers to employment, subjection to exploitation, racial profiling, and procedural challenges to accessing justice. Drawing on the notion of "liminal legality" suggested by Cecilia Menjiver to understand the precarious existence of urban refugees and asylum seekers in Thailand, this article illustrates how urban refugees and asylum seekers live in a paradoxical area where they are both legally invisible and physically present, which leaves them vulnerable and in a condition of constant uncertainty. It concludes that Thailand's approach to refugee protection must be revisited holistically and address legal, policy, and practical issues to create a more effective, humane, and rights-based protection system aligned with international standards.