The unresolved conflict in Thailand's south continued to be a source of instability and human rights abuses throughout 2012. While Thailand is predominantly Buddhist, its southern border provinces are home to a majority Malay Muslim population. A separatist insurgency – and the often-criticized response from Thai security forces – continued to see civilians caught in the middle and even targeted. Since 2004, more than 5,000 people have been killed.

In February, a truck bomb explosion in front of a public health office killed a retired teacher and injured 13 other civilians. One month later, a roadside bomb struck down four soldiers. Also in March, nine people were killed and a further 70 injured after a series of bomb explosions, which authorities blamed on separatists. Insurgents also continued attacks on public sector civilians. This included a December attack in which insurgents allegedly shot dead two ethnic Thai Buddhist teachers. Some insurgent fighters view civilians such as teachers and civil servants as legitimate targets because they are perceived to represent the Thai government. HRW counted 11 separate attacks on schools or teachers in the preceding month and a half before the December killings.

Civilians have also been victims of violence perpetrated by the army. In January, for example, Thai troops killed four people initially identified as insurgents. But the military later admitted the four were not linked to the separatist movement. Critics say the military has targeted innocent Muslim civilians suspected of being insurgents with insufficient evidence. In submissions to the UN CERD, a coalition of advocacy groups based in the south said 80 per cent of arrests made following insurgent attacks were based on false assumptions or accusations from a third party. The coalition – the Alliance for CERD Alternative Report on Racial Discrimination towards Malayu in Southern Border Provinces of Thailand (ACARM) – claimed that state discrimination against Malay Muslims has 'created an environment of distrust' between authorities and the local affected communities. ACARM highlighted problems for Malay Muslims in accessing health care. These include communication problems for elderly Muslims in public hospitals and the failure of some health care centres to accommodate Muslim customs. ACARM also says Malay Muslim women have been disproportionately affected by the Thai military's response to the conflict, shouldering the responsibilities for providing for their households if male family members are killed or arrested.

Thailand is home to diverse ethnic minority communities, particularly in its northern hill areas. In its CERD submissions, the Coalition on Racial Discrimination Watch (CRDW) highlighted problems of racial discrimination. For example, reports in local media that ethnic minority communities had cut down trees propagated the view that such groups were responsible for the destruction of forest areas. Indigenous peoples in forest areas have become 'scapegoats' for climate change, CRDW argued, citing an Environment Ministry practice that fines forest-dwelling communities like ethnic Karen or Hmong for practising shifting agriculture techniques.

The report noted that there were still more than 100,000 indigenous people who had no access to the public health system. A significant problem is many indigenous people's inability to obtain legal status. NGOs who work with such communities say that applicants suffer from a lack of information on procedure. While the government allows in-process applicants to receive health care, the National Commission on Human Rights of Thailand notes, 'public health services are still elusive for hill peoples who have not yet received status'. In its concluding observations from an August session, the CERD stated:

'The Committee is concerned about the inadequate access to social welfare and public services by certain ethnic groups because of language barriers and the limited availability of such services where these groups live.'

Thailand has long been home to tens of thousands of refugees who have fled fighting in eastern Burma. Though Burma has struck fragile ceasefires with some armed ethnic militias, the situation remains volatile. Along Thailand's western border, more than 150,000 people, both registered and unregistered, make their homes in what have become semi-permanent refugee camps. In the past, Thai officials have publicly mused about sending refugees back to Burma as the country opens up.

In a July visit to both countries, the UN High Commissioner for Refugees, António Guterres, said it is imperative that the refugees not be forced to return, particularly while the situation across the border remains uncertain. But life in and out of the refugee camps in Thailand remains tenuous. Refugees staying within the camps are not allowed to work. Those who try to make a living outside the camps are often without status and at risk of deportation. A September report by HRW, meanwhile, said that dwindling funds mean health organizations are struggling to provide adequate assistance in the camps. One French NGO downsized its outreach staff and cut its mental health services by 40 per cent. Camps have also lost skilled refugee health workers and teachers to resettlement, resulting in less experienced replacements and, noted one NGO official, 'a decline in services'. The HRW report states, 'With a reduced support network and fewer coping skills and after so many years with restrictions on movement, proscriptions on the right to work, and dependency on outside aid, many camp residents experience domestic abuse, depression, and other social and mental health problems.'

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