Abstract

This study explores the potential of International Law on Indigenous Peoples (ILIP) to enhance protections for refugees in Thailand’s camps by complementing International Refugee Law (IRL) and International Human Rights Law (IHRL). Over 90,000 refugees, predominantly Karen Indigenous Peoples from Myanmar, reside in nine camps along the Thailand–Myanmar border, having fled persecution. Thailand, not a signatory to the 1951 Refugee Convention or its 1967 Protocol, lacks a formal asylum system and classifies these refugees as ‘illegal migrants,’ leaving them in a state of significant vulnerability. This paper argues that ILIP can address gaps in IRL and IHRL by recognizing the collective rights of indigenous refugees, particularly the Karen, whose cultural identity and communal needs are inadequately protected under existing frameworks. While IHRL provides universal rights applicable to all, and IRL offers specific refugee protections, neither fully accommodates the collective cultural and social rights crucial for indigenous groups. ILIP, through instruments like the ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples, emphasizes collective rights to culture, self-determination, and traditional practices, which are vital for preserving the Karen’s identity in exile. By integrating ILIP with IRL and IHRL, this study proposes a more holistic protection framework that responds to the unique needs of indigenous refugees. The analysis underscores how ILIP’s focus on collective dignity can strengthen Thailand’s legal and policy approaches, ensuring better safeguarding of Karen refugees’ rights and cultural heritage in the camps.