Name: Alaine McLisky
VLA Alaine McLisky
Office: Thailand
Age: 31
Hometown: Sydney, Australia
What made you volunteer as a VLA?
I was looking for a volunteer position that combined direct legal representation with policy advocacy. I had been told by a previous AAT VLA that she had had a rewarding and dynamic experience.
What was your greatest accomplishment as a VLA?
While I am too new to AAT to have responses from the UNHCR yet, I believe the process of working with AAT’s clients enables them to maintain dignity, hope and focus in what is an incredibly long and dehumanizing process towards protection.
What was the greatest professional challenge you faced as a VLA?
It is hard as a lawyer trained and used to working in the common law system to engage with the UNHCR process in Thailand. The process seems to be a sort of ad hoc inquisitorial process, but it does appear to be conducted in accordance with UNHCR guidelines and procedures. This issue is compounded by a general lack of transparency and an apparent desire to avoid accountability. Michael Timmins and I are working to establish a more productive relationship with the management and staff of the UNHCR. But this can be difficult as we walk a thin line between trying to advocate for our clients in the most forthright and robust fashion, and trying not to alienate UNHCR Thailand.
What do you see as the greatest challenge to asserting refugee rights in Thailand?
The single greatest issue is that Thailand is not a signatory of the 1951 Refugee Convention, and does not recognize the right of people to claim asylum. This, combined with the slowness of the UNHCR’s process, results in all of our clients falling into the class of illegal immigrants at an early stage of the process. As a result, all urban refugees in Thailand may be subjected to arrest and detention in the Immigration Detention Centre (IDC). The conditions within the IDC are inhumane (poor hygiene, limited food, overcrowding, separation of families), and people can be detained until they can either fund their own release and leave Thailand, or have this funded by someone else, or are resettled through the UNHCR process.
Describe a typical workday in Thailand.
On days with a first instance interview:
09:00 – 10:00 Check email to/and prepare for client:
10:00 – 12:30 Client interview
12:30 – 13:00 Lunch
13:00 – 18:00 Resume client interview
18:00 – 20:00 Review and proof-read the written record of the client’s testimony
Tell a story about a language barrier or cultural difference.
Language barriers are a common problem in the assessment of asylum seeker claims in Bangkok, including instances where a law being researched is practiced in a language other than English. This means that translations of the legislation are hard to come by and explanations of how that legislation is implemented are even more difficult to follow. In addition, informal practices, some of which result in the greatest hardship, are not documented, or they may only be covered in newspaper articles, which record them as single events, rather than establishing a pattern of practice.
What was one resource you needed that Asylum Access didn’t have?
The lack of translators and our inability to retain and train the ones we have is the biggest hindrance to our work. Because of the diversity of refugees in Bangkok, we need a large number of translators; we currently have around 27 translators of varying proficiency. We draw these translators from the refugee population, which results in a high turnover as they are detained in IDC, resettled, or employed by other organizations who can provide a regular salary. I recognize that we cannot employ 27 translators full-time. However, we could employ a core group of translators from our most needed languages such as Tamil/Singhalese, Somali, Urdu, Farsi, Nepali, Arabic, Mandarin, Khmer, and Vietnamese for a guaranteed 1-2 days’ work per week with AAT.
What is your best memory of your experience in Thailand?
Working with the incredibly talented and driven staff of the team, including but not limited to: Medhapan Sundaradeja, whose contacts expand AAT’s access and impact; Michael Timmins, whose wealth of knowledge and experience is of immeasurable benefit to AAT; Darshini Yoganathan, whose enthusiasm and commitment produces dynamic solutions and keeps the office running in times of crisis; Kakkanang Ghettalae, whose energy and drive will enable AAT to position itself at the forefront of the public debate in Thailand around expanding protection and rights of refugees; Jintana, Sukhanit and Russell whose sweet natures and good humor make them a joy to work with.
Describe a typical weekend off in Thailand.
Exploring Bangkok and the surrounding areas.
What is your favourite way to de-stress while in Thailand?
Socializing with friends and colleagues.
How will this experience shape your future career plans/goals?
My experience with AAT has shaped my understanding of the challenges refugees face in Bangkok and across the Southeast Asian region. I hope that when I return to Australia, I will be able to contribute to realistic improvements in the development of Australia’s policy towards refugees.
What type of law did you practice before volunteering with Asylum Access?
Immediately before joining Asylum Access, I worked as an Anti-Corruption Research Analyst with the UNDP Asia-Pacific Regional Centre. Prior to that, I worked for the New South Wales (NSW) Independent Commission Against Corruption in Australia conducting preliminary investigations of allegations of corruption against NSW public officials.
Schools Attended and Degrees Conferred:
Bachelor of Arts in International Relations and Women’s Studies, University of New South Wales
Bachelor of Laws, University of Sydney
Master of Arts in International Relations, University of New South Wales
Interview by Kakkanang Ghettalae, Policy Manager and Communications Liaison
