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42. Recommendation: The Government should protect the basic rights of

Rohingya migrants in Thailand, especially by providing appropriate medical

care and treatment to the sick Rohingyas. At the same time, the

Government should consider other alternatives to holding Rohingya

migrants in immigration detention centers. An arrangement could be made

for them to stay in a temporary shelter and international and private non-

profit organizations be allowed to provide humanitarian assistance.

Another alternative is to permit Rohingya migrants to work temporarily in

accordance with Section 13 of the Work of Foreigners Act, B.E. 2551 (2008).

The Government should also provide for a screening procedure to identify

Rohingyas who are victims of human trafficking or who are considered

refugees so that they are given appropriate protection. At policy level,

Thailand should engage Myanmar and Bangladesh in an effort to resolve

this problem both by addressing the root causes in the country of origin

and in handling Rohingya migrants in Thailand. It should also seek

cooperation from the ASEAN Community in finding a more lasting solution.

The Government should take serious action against those involved in the

illegal smuggling of Rohingyas into the country, be they Thai, Myanmar or

Bangladeshi brokers or Thai officials involved in the human trafficking.

Protection of Victims and Remedy

43. The Government is in the process of amending Section 90 of the

Criminal Procedure Code to protect a person from torture in accordance

with Article 13 of the Convention. The amendment would enable the

person alleging that he has been subjected to torture or other persons, i.e.

the prosecutor, the police investigator or any person for the benefit of the

victim of torture, to submit to the Court a request that his case be