Illegal immigrants or Illegal Refugees? A Study of the Refugee Protection for Burmese Refugees in Thailand.

Abstract: This thesis seeks to investigate the structural circumstances regarding the poor refugee protection for Burmese refugees in Thailand. Acknowledging that existing laws are politically motivated, the first part of this thesis examines the political context that determines the structure of the legal framework. The second part of the thesis scrutinizes the juridical framework concerning refugees, namely international law, regional instruments and Thai national law. The conclusion suggests that the Royal Thai Government's political stance can be seen as a result of non ratification of International Conventions as well as an undermining of refugee protection in national Thai law. Theoretically, the thesis approaches the issue from a realist perspective and applies concepts of state sovereignty and national security to address the matter. Through such an approach, refugees are considered as threatening to national stability and integrity in Thailand. The case study assumes that more general conclusions can be made concerning the tendencies of states to prioritise its own interests above humanitarian principles, such as Human Rights, which can have a negative effect on refugees in need of protection.