Thailand's deportation of stateless children to war-torn Myanmar is reprehensible, unlawful and blatantly against international law. This egregious operation must stop without delay.
Last month, the police raided Thairath Wittaya 6 School in Ang Thong province in the Central region, charged the school director with human trafficking, and forcibly gathered 126 stateless students for repatriation.
These children, aged 7–16, consist of 32 old students, 20 transfers and 74 new students. Most of them are Akha hill tribe children. The school director is accused of bringing in ethnic children from Myanmar to maintain enrolment numbers and misusing government financial support.
The incident sent shockwaves to all schools that serve stateless and migrant children, as they fear that adhering to inclusive education policies might result in legal trouble.
The Education for All policy, which ensures every child's right to education regardless of legal status, was put into place on July 5, 2005, to widespread praise. As a result, migrant and stateless children have a chance to enter the Thai education system.
After the raid, the Education Ministry conducted an investigation and found no wrongdoing, with Minister Treenuch Thienthong affirming stateless children's right to education. The investigation by the Ministry of Social Development and Human Security also found no evidence of human trafficking.
The police disregarded the findings and proceeded with the deportation. They started deporting the stateless children on July 5, coincidentally on the same day when the ministry introduced the "Education for All" policy 18 years ago.
Thirty young students had already been deported, allegedly collected by their parents. The remaining children were placed in orphanages in Chiang Rai, awaiting their parents' arrival. Their education has been disrupted, and there is no assurance their families can cross the border to retrieve them.
This deportation violates multiple policies, including the Education for All policy, immigration law, the anti-torture act and the principle of non-refoulement in international human rights law.
The police have charged the school director with participating in human trafficking and providing accommodation to illegal migrants. Under immigration law, the children must stay in the country to be witnesses; the deportation cannot be done until the court cases are completed.
In cases of voluntary departure, the country of origin must declare acceptance, and the children should be returned to safety. In this situation, the children are stateless and not recognised by Myanmar.
They also want to study in a safe environment, which is not possible in war-torn Myanmar. Deporting them then violates both the anti-torture law and the principle of non-refoulment which prohibit returning individuals to life-threatening dangers. Additionally, removing them from schools contradicts the Education for All policy that has been in place for almost two decades.
The deportation of stateless students into danger violates children's rights and laws.
The international community is keeping a close watch on the police's grave violations of children's rights. The Education Ministry and the Ministry of Social Development and Human Security must stand firm and end the deportation. Children's rights and life safety cannot be compromised.
