report, “All You Can Do Is Pray,” alleges that Burmese state officials were involved indirectly
and directly in the crimes against the Rohingya in Burma.155 The report states:
While much of the violence appears to have been carried out by mobs with
weapons, various branches of the state security forces stood by and did nothing to
provide security for attacked Muslims and at times participated directly in the
atrocities—this includes the local police, Lon Thin riot police, the inter-agency
border control force called Nasaka, and the army and navy.156
Despite these reports, the Thai government has stated that it has already deported around 1300
Rohingya back to Burma.157
Further, Thailand is a signatory to the Convention on the Rights of the Child (“CRC”),
which sets minimum standards and freedoms that signatories are expected to respect in regard to
children.158 World leaders created this convention in 1989 specifically for children because they
recognized that people under eighteen years old generally need special care and protection that
adults do not necessarily need.159 Thailand acceded to the CRC in 1992, but made a
reservation,160 which states, “[t]he application of articles 22 of the Convention on the Rights of
the Child shall be subject to the national laws, regulations and prevailing practices in
Thailand.”161 Article 22, section 1 declares:
State Parties shall take appropriate measures to ensure that a child who is
seeking refugee status or who is considered a refugee in accordance with
applicable international or domestic law and procedures shall, whether
unaccompanied or accompanied by his or her parents or by any other person,
receive appropriate protection and humanitarian assistance in the enjoyment of
applicable rights set forth in the present Convention and in other international
human rights or humanitarian instruments to which the said States are Parties.162
Section 2 of article 22 states that nations will cooperate with organizations of the United Nations
or other organizations that are competent “to protect and assist” refugee children and aid them in
reunifying with their family.163
In making this reservation to article 22 of the CRC, the Thai Government has made it
clear that it will deal with child refugees and asylum-seekers according to its own policies and
Administration Force, which consists of military, police, and customs and immigration officers, including “rape, forced labor, and
155 MATTHEW SMITH, HUMAN RIGHTS WATCH, ‘ALL YOU CAN DO IS PRAY’: CRIMES AGAINST HUMANITY AND ETHNIC CLEANSING
OF ROHINGYA MUSLIMS IN BURMA’S ARAKAN STATE 15 (Phil Robertson et al. eds., 2013), available at
156 Id. at 15.
157 Campbell, supra note 90.
158 United Nations Convention on the Rights of the Child, Nov. 20, 1989, 1577 U.N. T.S. 3, 44–61 [hereinafter UNCRC], available at
https://treaties.un.org/doc/Publication/UNTS/Volume%201577/v1577.pdf (last visited Jan. 20, 2015); Signatories to the United
Nations Convention on the Rights of the Child 3 [Signatories to the UNCRC], available at
159 UNCRC, supra note 158, at 45.
160 Signatories to the UNCRC, supra note 158, at 3.
161 Signatories to the UNCRC, supra note 158, at 9.
162 UNCRC, supra note 158, at art. 22, § 1.