Mae Hong Son, Thailand 31 Jul 2008 - The International Rescue Committee’s three legal assistance centers on the Thailand-Myanmar border have handled over 430 cases in their first year of operation. The offices, the first legal aid centers to be established in refugee camps anywhere, promote legal awareness and services to Burmese refugees. Located near the towns of Mae Hong Son and Mae Sot, the centers help complainants take their cases to camp authorities or, if need be, to the Thai courts.
 
“Our legal staff is managing cases and helping refugees, many of whom are illiterate, through the legal process,” explains the IRC’s Joel Harding who coordinates the program, which was co-founded by the UNHCR. “Legal officers are seeing new clients every day and dealing with issues ranging from serious crimes, such as rape or trafficking, to assistance in accessing services, such as food assistance or medical care”
 
During its first year, the IRC’s legal program, funded by the UNHCR and Austcare, has made several successful interventions on behalf of the refugees. Legal precedent was set for refugees in Thailand when, for the first time, substantial compensation was paid out to a refugee family following the death of their father in a car accident next to their camp. Legal officers also managed to successfully refer serious domestic violence incidents to the Thai justice system for legal action, previously almost unheard of in the camp setting.
 
“We have seen an impressive rise in serious crimes handled in the formal justice system, thanks to our cooperation with the Thai police and justice officials,” Harding says. “This year, a total of 51 cases have been brought to the Thai justice system, including assistance to offenders who have been arrested outside camp. Working with UNHCR and the Thai authorities, in many such cases we can successfully intervene to prevent deportation, provide basic advice and ensure interpretation at hearings”.
 
Other achievements include the negotiated safe release and return of a client unlawfully held by a military group in a camp over the border, and the sentencing of a refugee man who had attempted to burn down his house with his pregnant wife and their three-year-old child inside.
 
“We have also helped rescue four refugee girls who had been illegally trafficked for work, as well as linking in with existing anti-trafficking networks in Thailand to ensure that they better understand the issue as it relates to refugees in camps,” Harding says.
 
Among refugees, knowledge of the Thai legal system is minimal and the legal process is often confusing. A survey conducted by the IRC two years ago showed that almost half of the refugees do not understand the rules governing their camps. Training and awareness officers and camp-based paralegals have been using theater, radio, art and outreach to address the lack of legal knowledge, and awareness is increasing. However, many cases handled by the legal centers have required complex legal intervention, Harding explains.
 
“We often face challenges, like lack of evidence to support investigations, intimidation of victims or witnesses and cases where officials do not fully understand correct legal procedures. Having said that, we enjoy strong support by the Thai government and we have a good working relationship with ministry of interior and justice officials.”
 
Harding also notes that vulnerable camp inhabitants, such as ethnic and religious minorities, are increasingly using the IRC’s legal services.
 
“In a relatively short period of time, we see can see the tangible difference the project is making,” Harding says. “For the first time refugees have a free an independent space to report their concerns in camp. But we are only just beginning to understand the power dynamics in the camp and the challenges that characterize the everyday lives of the refugees. There is still a lot of work to do.” 

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