Legal Research and Advocacy Project on the Rights of the Child and Disadvantaged People in Thailand-Myanmar Border Communities, Faculty of Law, Thammasat University

Principle and Rationale:

Providing academic services for the society is indeed one of main missions of the Faculty of Law, Thammasat University. The Faculty always recognizes this importance; therefore, in the “Strategy on Providing Academic Services for the Society” stipulates that the Faculty is to provide legal knowledge to the society, to be a legal counselor for the society, to promote and support academic services for the society, to improve quality and standard of such academic services, to conduct seminars and public forums to respond to any legal inquiries made by the society and to disseminate research findings internationally.

The Legal Research and Advocacy Project on the Rights of the Child and Disadvantaged People in Tak and Thailand’s Border Communities, Faculty of Law, Thammasat University (2012 – 2016) or so-called “the Project on Disadvantaged Transnational Children and the Families” was therefore initiated as “the core project” under this mentioned Strategy. This 5-year project aims to study situations of disadvantaged transnational children and their families in every Thailand’s border communities (i.e. Thailand-Myanmar, Thailand-Malaysia, Thailand-Lao PDR and Thailand-Cambodia) in order to develop knowledge to sustainably solve their problems. As obtaining well-rounded information on the real circumstance for these target populations is very crucial, a case study method is therefore used to study their real-life context. Conclusively, this Project could be significant and serve as (1) basic knowledge about root causes and characteristics of the disadvantage problems of the transnational children and their families; (2) knowledge regarding feasibility for providing legal advocacy to the transnational children and their families; (3) integrated knowledge that can be utilized as lessons learnt in classroom both inside and outside university; and (4) integrated knowledge that can be utilized as the basis for laws and policies reform for these transnational children and the families.

In 2012, the first year of the study (June 2012 – May 2013), the first sub-project was piloted to test the research methodology in Mae Suay District, Chiang Rai where the similar study of the Faculty was undertaken before. This pilot project was called among the research team as “Mae Suay Re-study Project”. As a result, the project well proved effectiveness of the case study (true story) methodology which has been using in this whole Project.

In 2013, the second year of the study (June 2013 – May 2014), a focus of the second sub-project is on “problems of disadvantaged transnational children and the families from Myanmar in Thailand”. Areas of the study cover Thailand-Myanmar border communities and urban communities where these people are living or working. Issues/problems that were selected for the study were raised either from the complaints directly made to the Faculty or from field visits of the research team. This second sub-project is called shortly as “Thai-Myanmar border study project”.

Based on the findings of the Mae Suay Re-study Project, the research team realizes that studying real-life context of these disadvantaged transnational children and their families would lead to well-understanding of root causes and characteristics of the problems. Besides the abundant complaints made to the Faculty, some significant case studies that were selected by the research team while in the field visits could also be utilized in a social laboratory to pilot legal advocacy for these people. Fundamental legal advocacy steps for these people include: (1) Finding facts that indicate causes and characteristics of the problems; (2) Determining a status and rights of the persons; and (3) Developing the status and rights that the persons should have according to the applicable laws. And by working together with the case studies in the communities, following findings are obtained: (1) research outcome for developing well-rounded legal knowledge, including legal science proper, legal science of facts and legal science of values; (2) research outcome for developing effective law enforcement; (3) outcome of integration of the research knowledge for classrooms; and (4) outcome of integration of the research knowledge for laws and policies reform for social justice. It is also evident from the findings of the Mae Suay Re-study Project that cooperation from stakeholders, including concerned agencies and competent authorities, is necessary in order to effectively solve the problems of these people. These relevant stakeholders working in/for the Thailand-Myanmar border communities are therefore appointed as members of the committee of this legal and advocacy project: (1) Umphang Hospital; (2) Foundation for the Better Life of Children; (3) Mirror Foundation, Chiang Rai; and (4) International Rescue Committee (IRC).

Project objectives:

1. To study national and international laws and policies on the rights of disadvantaged transnational children;
2. To utilize knowledge obtained from the research in providing legal advocacy to the transnational children and their families or to any requesting agencies and in providing academic services for counseling, preventing or solving problems for children;
3. To utilize knowledge obtained from the research in setting up classroom both inside and outside university in order to widely disseminate such knowledge to the society and to lead to common understanding among officials, community leaders and people in the areas; and
4. To utilize knowledge obtained from the research in reforming laws and policies with a view to promoting and protecting the rights of disadvantaged children in border communities of Thailand.

Project participants:

1. The Legal Research and Advocacy Project Committee on the Rights of the Child and Disadvantaged People in Tak and Thailand’s Border Communities, Faculty of Law, Thammasat University;
2. Law students of Thammasat University from several classes such as Private International Law, Legal Profession, Human Rights, and Skills in Legal Practice; and
3. Other volunteers from both inside and outside university

Project implementing area:

1. Border communities where disadvantaged transnational children and the families are found such as Chiang Mai, Chiang Rai, Phaya, Tak, Mae Hong Sorn, Kanchanaburi, Ratchaburi, Songkhla, Satul, Pattani, etc.
2. Urban communities where disadvantaged transnational children and the families are found such as such as Nonthaburi, Bangkok, etc.

Target populations:

1. Disadvantaged transnational children and their families who live in Thailand-Myanmar border communities;
2. Disadvantaged transnational children and their families who live in area close to Thailand-Myanmar bordering provinces and having transnational parents from Myanmar
3. Academia in the areas of the study
4. Government officials in the areas of the study
5. Politicians in the areas of the study
6. Community leaders and civil societies in the areas of the study
7. Competent authorities from independent organization who have authorities over the issues of disadvantaged transnational children in the border area

Expected outcomes:

1. Thai society has legal knowledge on promotion and protection of the rights of disadvantaged transnational children and the families according to Thai and international laws which oblige Thailand to improve quality of life of transnational children;
2. Disadvantaged transnational children and the families who cannot have an access to the mentioned rights are provided legal advocacy;
3. Fundamental human rights of the disadvantaged transnational children and the families are recognized and protected under the Thai and international laws which oblige Thailand;
4. Knowledge on promotion and protection of rights of disadvantaged transnational children and the families is integrated as lesson-learned and instructional media; and
5. Knowledge on promotion and protection of rights of disadvantaged transnational children and the families is integrated as draft laws and policies for reformation process.