I have been in Bangkok, Thailand for over five months now and the time has flown by. Amazed at what I have accomplished so far but at the same time still aware of how much more needs to be done! I feel very blessed in that I have had the opportunity to join a team and an office that is full of energy and dedicated to the mission. Being located in Bangkok has been an amazing journey of discovery and struggle as any first time deployee feels overwhelmed, excited, scared and driven to seek out the tasks laid in front of them. I landed and needed to immediately get on board and learn all the unique elements of my position, meeting new colleagues, and learning the political and physical environment that encompassed me.

My deployment to the UNHCR Regional Office in Thailand consists of the development and implementation of the 'Best Interest Determination' (BID) process for all separated and unaccompanied children.

The plight of Thailand's refugees

Thailand hosts approximately 140,000 refugees, in nine camps along the Thai-Myanmar boarder the majority of which are refugees from Myanmar where fighting and oppression has occurred over the past 23 years forcing many to flee. These refugees belong mainly to two ethnic minorities: Karen and Karenni who have been subject to ethnic insurgency and human rights abuses associated with the civil conflict for the past 20 years. There are many more Myanmar refugees living in Thailand outside the camps as well.

UNHCR opened three field offices in late 1998 after which operations fully commenced.UNHCR initiated a number of protection-related activities in the nine camps and many international NGO's are providing humanitarian assistance with the support of the Thai authorities.

Some ten percent of the refugees arrived as early as 1984 but the majority arrived after 1994 and new arrivals are still being reported on a monthly basis. Some refugees have thus been living in the camps for more than 20 years with nowhere to go: no possibility to return to Myanmar and are prevented from rebuilding a life in Thailand itself. This protracted situation negatively affects refugees in many ways. Durable solutions are undertaken in order to mitigate these situations, one of which is resettlement which has been recently recognised by the Thai government as a suitable durable solution for these refugees. Departures are picking up, with more refugees leaving Thailand every week to the USA, Canada, Finland, Sweden and the Netherlands among others. The resettlement programme, one of the world's largest, was started in January 2005 and refugee departures surpassed the 10,000 mark in July 2007.

What children can face in the camps…

Besides the ongoing resettlement operation, the need for continued protection work remains. There are some 6,500 boys and girls who are identified as 'unaccompanied and separated children' who have been separated from their biological parents and/or extended families due to flight or being caught in the cross-fire, who face specific protection risks.

Such risks include the absence of official birth registration, which renders them without an official identity; physical and sexual abuse; and military recruitment. The high incidence of sexual and gender based violence against children is a pressing protection problem. In 2005 over half of all sexual assaults and attempts reported to UNHCR were against children. Children themselves have reported their fear of physical abuse. Early marriage is another protection concern, motivated in part as a safeguard against military recruitment and or in response to an early pregnancy.

The absence of systematic family tracing, inadequate foster care and boarding house arrangements all add to this vulnerability. The majority of separated children live with relatives. Nearly 30% stay in residential care and about one percent lives without any adult supervision, in child-headed households.

'Best Interest Determination' assessment: The case of Tobias

In principle, a BID assessment should be conducted every time a case of a separated and unaccompanied child is identified. In Thailand the Catholic Office for Emergency Relief and Refugees (COERR) is responsible for the identification and monitoring of separated and unaccompanied children as an implementing partner of UNHCR. Due to the large number of separated and unaccompanied children, the large area in which the camps are located and the limited resources, a BID assessment is in practice done in cases where a refugee family, caring for a separated or orphaned child, is considered for resettlement and wants to take the child along with them or when a serious protection concern arises with children in the camps (abuse, neglect). It is my job to ensure that the safety and well-being of these separated and unaccompanied children are being preserved whether in the camp or at any point in the resettlement process.

"The formal Best Interests Determination (BID) is a formal process with specific procedural safeguards and documentation requirements that is conducted for certain children of concern to UNHCR, whereby a decision-maker is required to weigh and balance all the relevant factors of a particular case, giving appropriate weight to the rights and obligations recognized in the CRC and other human rights instruments, so that a comprehensive decision can be made that best protects the rights of children" (UNHCR BID Guidelines, Draft).

The term "best interest" broadly describes the well-being of a child. As each case is unique, a general definition of what is in the best interest of the child cannot be given. Therefore, the "best interest" of the child needs to be examined on an individual basis, taking into account the specific features of each case. Since I have started my work here, I have made some 300 BID decisions with the assistance of a comprehensive multi-disciplinary team, and yet I remember most of their individual stories as they are all unique, heartbreaking and moving.

Forty percent of the cases are rather simple, straightforward cases. Something in the line of the case of a young boy Tobias*, for example. Tobias lived with his grandparents in one of the camps. I came across his case when his grandparents wished to be considered for resettlement. Of course, they wanted to take their grandson along with them as they had been caring for him for the past 10 years. Based on this, I conducted a house visit in order to gather the family history; to fully understand the family's relationships and the reason for Tobias' separation from his parents, and to ensure that it was in his "best interest" to be included in his grandparents' resettlement case. A total of three such visits were made.

In the course of the visits I found out that Tobias was born in Thailand in 1992, about 20 years after his parents and grandparents had fled and settled in a village along the Myanmar-Thai border. His family, who are Karen, had been forced to flee Myanmar due to the fighting between insurgent groups and the military, which led to increased discrimination and persecution of Karen people. The family lived in relative peace until 1995 when cross-border attacks increased along the Myanmar-Thai border area and several villages along the border came under fire. All the inhabitants including Tobias' family were forced to flee the violence once more and to look for shelter in the jungle. However during the flight, the family members got dispersed and when they were reunited Tobias' parents were missing. News was later received that his parents had escaped by boat but this story could not be confirmed. At that time, Tobias was still too young to have any recollection of his parents. They were never heard of again.

Following the family's flight, the Karen Refugee Committee announced that all refugees who had fled should return to the border area to one of the refugee camps; Tobias and his grandparents were some of the first arrivals in the refugee camp. Since that time, Tobias has been taken care of by his grandparents who tried to bring him up with love and to "guide him to be a better man", as they told me. They say they have seen him grow to become a polite and mature young man.

During the visits, I also had discussions with Tobias. He shared with me that he has always lived with his grandparents and that this is the only care he has ever known. He mentions how his grandparents are a very motivating factor in his life and have encouraged him to do well at school to provide for his future. From these discussions, it was clear to me that Tobias is very close to his grandparents as well as to his uncle, who also lives with them, and respects them greatly. When Tobias was asked about the future care responsibilities he and his uncle were likely to have regarding his elderly grandparents, he replied that the whole family had always helped each other and that they would cope with any eventuality. Tobias said, "I would like to go with them to the resettlement country so that I can continue my education and get a job and in that way I can support and return what they have done for me their whole life". It strikes me how he demonstrates a remarkable maturity for a 14-year old boy.

Following the home visits, I collected all of the information needed to write up the BID assessment. Looking over my notes, I conclude that both Tobias and his grandparents have presented the facts and their feelings in a genuine and honest manner. The family is obviously closely connected to one another and they want to stay together; this has been Tobias family since his parents went missing. His grandparents clearly love Tobias and have enjoyed taking care of him in the camp. They want to give their grandson a future, something which is not possible in Thailand or Myanmar. I remember the anger and frustration of Tobias' grandfather when he recalled the discrimination he had faced in Myanmar and the wasted time and opportunities in the camp in Thailand. He did not want the same thing to happen to his grandson!

Once a detailed BID assessment is completed it is reviewed by a BID panel, which consists of a multi-disciplinary team that reviews each case balancing the unique issues of the case in order to make the final determination. Once the panel makes its determination, it is submitted to a resettlement country along with the resettlement submission.

Why all these efforts?

While reading about this procedure, I can imagine you might be thinking that the whole process seems unnecessary. Isn't this a straightforward case? Why go into so much effort on a case for which the best solution is clear?

The answer is that each and every case should be looked into at length because there is always the possibility of fraud; so-called parents, grand-parents, siblings or aunts who claim to care for a child, their so-called relative, but who actually have stolen the child or are trafficking the child. There is also the possibility that the child is indeed a relative but is abused or neglected by his/her family. These underlying dangers often become visible only after several thorough interviews with all individuals involved.

As children cannot protect themselves and are often not aware of their own rights, we need to ensure that a due process is established to that effect. And that means looking into each and every case even the ones that seem simple and straightforward!

* The names in the story are fictitious; the story line is a typical one similar to many of the stories I came across during my work.

Kimberly Haynes, an American national, has been working since April 2007 as an ICMC deployee for UNHCR's Regional Office in Bangkok, Thailand, covering Thailand, Cambodia, Laos and Vietnam.