Thailand: Refrain from deporting Uyghurs to China
Ottawa, Canada
A group of 48 Uyghur men, who have been held in Thai immigration detention for over a decade, face significant risks if Thailand forcibly returns them to China. These risks include prolonged confinement, abuse, and other forms of extreme maltreatment. Their plight stems from their initial arrest in March 2014, when Thai police detained roughly 220 Uyghur men, women, and children in Songkhla province, located near the Malaysian border. They faced charges for immigration offences and were swiftly moved to an immigration detention center in Bangkok.
In July 2015, Thailand released around 170 Uyghur women and children held in Songkhla, sending them to Turkey. However, just one week later, Thai authorities forcibly handed over more than 100 Uyghur men to Chinese officials, who subsequently took them back to China. The remaining 48 Uyghur men continue to endure brutal conditions in detention, having spent more than a decade in overcrowded facilities with inadequate sanitation and healthcare. They live in constant fear of being forcibly deported to China, where they face the threat of severe human rights abuses.
URAP’s, Executive Director, Mehmet Tohti, states that “Thailand must stop endangering the lives of Uyghurs. In 2015, the Thai government deported 105 Uyghurs to China, where they disappeared or were killed. Now, they are holding 48 Uyghurs since 2014 for supposed “illegal crossing of the border.” A charge that typically carries a six-month sentence. Uyghur lives are not a bargaining chip for trade or diplomacy. Justice must prevail.”
Thailand is obligated under international law to uphold the principle of nonrefoulement, which forbids the deportation of individuals to countries where they may be subjected to persecution, torture, or other forms of cruel treatment.
This principle is enshrined in the United Nations Convention Against Torture, to which Thailand is a signatory, as well as in customary international law. The prohibition is also incorporated into Thailand’s 2023 Act on the Prevention and Suppression of Torture and Enforced Disappearances. Although Thailand is not a party to the 1951 Refugee Convention, the country still must respect international human rights standards. Furthermore, Thai immigration authorities have consistently denied access to the United Nations High Commissioner for Refugees (UNHCR), obstructing their ability to seek asylum and refugee status. The prolonged detention of these Uyghurs in substandard conditions also constitutes a violation of international human rights law, which forbids arbitrary detention.
URAP urges the Thai government to take several key actions to comply with international law and uphold human rights standards. Thailand must adhere to the principle of nonrefoulement. This includes refraining from deporting individuals, such as the Uyghurs, to countries where they risk harm. Thailand should develop and implement clear procedures to assess asylum claims fairly and transparently, respecting international legal obligations. Despite the fear of Beijing, Thailand must allow the United Nations High Commissioner for Refugees (UNHCR) to conduct its mandate in the country, including facilitating asylum applications and refugee status determination. Additionally, the government should ensure that any detention of asylum seekers or refugees takes place in conditions that comply with international human rights standards. Prolonged detention, especially under substandard conditions, constitutes a violation of international law.
A long-term strategy should encompass the Thai Government considering the review of its domestic legal framework with international human rights standards and collaboration with international organizations, such as the UNHCR and human rights groups, to improve the protection of refugees and asylum seekers.
Media Contact:
Mehmet Tohti
Executive Director, Uyghur Rights Advocacy Project (URAP)
mehmet@urap.ca - 613-261- 8512