The Thai immigration’s decriminalization practices towards North Korean refugees

Abstract

The phenomenon of North Korean asylum seekers entering Thailand continues to grow in number every year. To protect the rights of the North Korean asylum seekers as well as Thailand’s sovereignty, Thai authorities have adopted a policy of formalizing the process for dealing with North Korean asylum seekers under the supervision of the Thai Immigration Bureau. The result of the policy has been that North Korean asylum seekers are sentenced to a punishment of a fine or detention for their illegal entry in a court of law and then detained at the Immigration Detention Center in Bangkok until travel to a third country is possible. North Korean asylum seekers in Thailand are subject to the national immigration laws, which lack provisions for refugee status determination. However, Thailand has never repatriated North Korean asylum seekers. In order to improve the human rights of North Korean asylum seekers under detention, the Thai Immigration Bureau has implemented decriminalization practices towards North Korean asylum seekers. As a result, they are de facto asylum seekers receiving protection. This helps to protect the asylum seekers rights. However, it is undeniable that the current conditions could still be improved, i.e. faster resettlement process for them and more decent condition in the detention center. This study employed qualitative research methods to investigate the actual situation of the Thai Immigration Bureau’s decriminalization policy towards North Korean asylum seekers in the IDC Bangkok. Data was collected through Interviews with key informants as well as from news articles in order to gather up-to-date information. In order to define the legal status of North Korean asylum seekers, the study relied on a review of the relevant literature on international instruments relating to refugees.