DEFENDING DEMOCRACY IN EXILE Policy Responses to Transnational Repression Thai authorities generally do not knowingly deport people who have official UNHCR recognition. International Organizations—part of the Ministry of Foreign Affairs—to make the migration system more sensitive to human rights concerns.38 A stark example of the outsized role of security forces in Thailand’s immigration system is how members from the National Intelligence Agency, the NSC, and the Royal Thai Police make up part of the committee that decided the criteria for a new, not-yet-implemented screening mechanism for refugees.39 In 2020, it was announced that the Royal Thai Police, which oversees the country’s immigration bureau, would chair the Committee. This is concerning, as the agency’s involvement makes it more likely that security considerations will take precedence over human rights and legal ones in the design of the mechanism, creating opportunities for authoritarian targeting of displaced people in Thailand. Given the strong emphasis on migrants as posing a potential security threat, no policies exist that treat exiles as potential victims of foreign targeting. Most criminal cases involving marginalized groups are neither reported to the police nor transferred to the public prosecutor. A senior criminal court judge interviewed for this report noted that “while the laws provide a channel for criminalizing acts that may fall under the category of transnational repression, it is rather the issue of the status of victims that hampers their inability to access justice.”40 No mechanism to distinguish refugees from economic migrants Currently, any foreigner in Thailand is subject to arrest, detention, and deportation for failure to comply with the provisions of the 1979 Immigration Act. Individuals arrested for immigration violations may face prolonged or indefinite detention in squalid conditions in Immigration Detention Centers (IDCs).41 Even in the absence of a robust national legal framework for refugees, separating the management of refugees from other migrants may provide some protections. On December 24, 2019, three years after Prime Minister Prayuth Chano-o-cha pledged at two major international 6 @FreedomHouse summits to improve Thailand’s refugee protection, the Thai Cabinet endorsed the establishment of a national screening mechanism (NSM) for distinguishing between economic migrants and those in need of international protection.42 Individuals determined to require protection under the NSM would be considered “protected persons” and be permitted to remain temporarily in Thailand with access to social services.43 How the determination of “protected person” status would be made remains unclear as the process has not yet been implemented, but the proposed mechanism seems vulnerable to the influence of foreign governments. Based on available information,44 a lack of awareness about the threat of transnational repression among Thai authorities and an emphasis on coordinating with foreign governments in considering the cases of individuals seeking protection may be two issues of concern with the NSM.45 The proposed mechanism has already come under criticism from human rights groups for failing to meet international standards. There are concerns that the government regulation that established the mechanism deliberately avoids commitments to international refugee law,46 and that the mechanism does not require officials to provide an explanation for rejecting an application.47 Questions also remain about who may be excluded from “protected persons” status and how exceptions relating to “national security” will be interpreted.48 Lack of vetting at the border According to Article 12 of Thailand’s 1979 Immigration Act, Thai authorities can use Interpol Red Notices as grounds to deny entry to the country.49 Thailand does not independently vet the information contained in notices to make sure it is not political in nature. While Interpol has implemented some internal measures to verify that Red Notices conform to the organization’s constitution, member states are still able to file and distribute notices that can lead to the detention of people being targeted by transnational repression. People entering Thailand can be detained on Interpol notices and held while the origin state’s embassy is informed about their detention. Red Notices therefore provide an easier way for reaching dissidents across borders than conventional extradition. In November 2018, Thai authorities, acting on a Red Notice, detained and almost extradited to Bahrain professional footballer Hakeem al-Araibi, who had fled Bahrain and been granted refugee status and residency in Australia. #TransnationalRepression