Methodology

This project collected cases concerning the arrest, detention and deportation (ADD) of migrants in Thailand, with the aim to build upon the knowledge gained through MMN’s previous research into ADD.

 1. Research questions

Through primary and secondary research, this project has sought to respond to the following questions:

General question:

What are the current trends and issues concerning ADD in Thailand?

Specific questions:

i) What policies and procedures are officially in place concerning ADD?

ii) What are the actual practices on the ground concerning ADD?

iii) What (if any) rights violations are experienced by migrants during the ADD process?

iv) What rights and access to information and justice are migrants able to exercise when subject to ADD?

v) How do ADD policies comply with regional and international human rights norms standards?

vi) How (if at all) do practices on the ground reflect official government policies and standard procedures?

vii) How (if at all) do ADD practices carried out by the authorities comply with regional and international human rights standards?

viii) What changes can be made to improve the ADD process?

2. Methodology

The ADD study employed both primary and secondary research methods involving case collection using a standard reporting format to carry out interviews with migrants across several regions in Thailand. MMN also carried out interviews with key informants and other stakeholders to gain further insight into ADD policies and procedures, as well as undertaking desk research on Thai detention laws and policies, reviewing various UN reports, monitoring news items, and requesting official documents and statistics from government departments concerning ADD procedures where such information was not publicly available.

3. Scope of data collection

MMN and the project partners collected cases of ADD experienced by migrants between January 2011 and August 2012, including formal, semi-formal and informal procedures. The primary focus was on the experiences of migrants (both registered and unregistered) from Burma, Laos, and Cambodia, where enforcement action is being taken for the purpose of immigration control. MMN is conscious that the detention of asylum seekers from other countries is a serious issue in Thailand, but such detention practices were outside the scope of the data collection for this study. In total, over 240 cases were submitted, 212 of which was used in the eventual data analysis.

4. Data collection methodology

A standard ADD reporting format was collectively developed through discussion among the project partners, in order to ensure that the information collected was consistent, and that any information published concerning individual cases of ADD does not jeopardize the safety and confidentiality of the affected persons. The ADD reporting formats were translated into Thai, Burmese, Shan and Khmer, to facilitate the case collection, which was conducted in the respective migrant languages.  Cases were then submitted to the MMN Secretariat to identify any inconsistencies and seek clarification where necessary from the project partners. Cases determined as valid were encoded into a database.

Geographic locations for primary data collection were selected based on the number of migrants living and working in the area and the existence of project partners in the area who have well-established local knowledge and relationships with affected migrant communities, as well as to ensure a regional balance and a balance between the areas where Burmese, Cambodian and Lao migrants are largely employed.

Secondary source information

The MMN Secretariat and project partners monitored news reports and recorded the number of reported incidents of ADD, as well as studying Thailand’s laws, policies and guidelines and international standards on ADD. If such information was not publicly available, MMN requested relevant authorities for policy documents.

Key informant interviews

MMN and the project partners carried out 17 key informant interviews based on general interview guides for three groups of key informants: policy makers and implementers in Thailand; stakeholders from migrants’ countries of origin, including embassies, ministries, NGOs, and migrants’ families; and practitioners such as legal representatives and health professionals. These interviews were designed to help analyse the legal basis for ADD procedures, differences in treatment related to the country of origin of migrants, and the role played by other stakeholders in the ADD process.

5. Workshops/meetings with project partners

Several project consultation meetings were carried out in August 2011, February 2012, and October 2012. In between the project meetings, the MMN research officer regularly visited project partners to discuss the research methodology and to assist with any difficulties experienced during the case collection process.

In October 2012, MMN co-hosted a workshop entitled “Challenging Immigration Detention: from Asia to Europe”, in collaboration with the Global Detention Project, held during the Asia Europe People’s Forum in Vientiane, Lao PDR. Participants discussed the issues identified by the ADD study and jointly developed a list of recommendations to address the issues of immigration detention, which are reflected in the final report of this study.