Thai Government Should Revoke Policies that Discriminate Against and Violate Rights of Migrant Workers - ASEAN States Should Join Migrant Convention
For further information on this statement, please contact:
• Mr. Sawit Kaewan (SERC Secretary-General): +66 863 361110 (Thai)
• Mr. Somchai Homlaor (HRDF Secretary-General): +66 818 995476 (Thai/English)
• Mr. Andy Hall (HRDF Consultant): +66 846 119209 (English/Thai)
• Mr. Hsein Htay (HRDF’s Migrant Justice): +66 830 139736 (Burmese and Thai)
On International Migrant’s Day (18th December 2010), the State Enterprises Workers’ Relations Confederation (SERC), the Human Rights and Development Foundation (HRDF) and the Thai Labour Solidarity Committee (TLSC) requests the Royal Thai Government (RTG) to re-open registration for all migrants in Thailand, review its deportation policy, cooperate with the United Nations in examination of violation of migrant rights, repeal discriminatory policies affecting migrants including wage deductions for a deportation fund and formulate long term migration policies in response to actual labour demand. Thailand and others members of ASEAN should also sign and ratify the International Convention on the Protection of the Rights of Migrant Workers and Their Families.
**Background**
Migration is not new to Thailand as for 20 years the RTG’s policies have allowed for yearly registration of migrants who illegally entered the country so they could “temporarily live and work in Thailand whilst awaiting repatriation”. Migration policy was developed through Memorandum of Understanding (MOU) signed with Lao PDR, Cambodia and Myanmar in 2002 and 2003 with the aim to enhance cooperation in importing labour legally into Thailand and verifying nationality of migrants who originally entered the country illegally.
In 2010, over 1 million migrants registered with the RTG. It is estimated the actual number of migrants and their dependents in Thailand is at least 2 million however, with more than 80% from Myanmar. Although political, social and economic pressure as well as ethnic and civil conflict in Myanmar constitute the main push factors for migrants coming to Thailand, low skilled labour demand also plays an important role as a pull factor. This is particularly the case for work which is demanding, dirty, and dangerous and that Thai workers normally avoid such as fisheries, agriculture and construction. According to research, dependency rates for migrants in Thai production sectors range from 9% to 16%. Migrants contribute greatly to increases in gross domestic product (GDP) and need for migrant labour in Thailand will likely increase with economic growth in the future.
The RTG has announced policies to solve challenges of illegal migration and employment of migrants to correspond to labour demand whilst resolving challenges of status and rights of migrants, taking into account the balance between safeguarding fundamental human rights and maintaining national security. The RTG’s policies have been two-sided by allowing migrants to enter and work legally in Thailand whilst arresting and deporting unregistered workers. These policies have not achieved their objectives however. On the contrary, a loophole has been provided for corruption and abuse of power by State officials that has worsened the situation, particularly of unregistered migrants. SERC, HRDF and TLSC draw attention to the following:
1. The Nationality Verification process (NV) has proceeded slowly and has been unable to reach most migrant workers. In addition, the RTG’s deportation policy for those who have not entered NV does not correspond to existing labour demands in Thailand. Only 1 million migrants entered NV such that an estimated 1 million unregistered migrants continue to face the risk of being arrested and subjected to abuse of power by enforcement officials and others. Extensive reports on violation of rights of migrants during deportation have been submitted to the RTG but have not been examined carefully and no-one has been prosecuted.
2. Failure to review discriminatory regulations has resulted in migrant workers being unable to access various rights. This includes a Social Security Office regulation denying migrants access to the Workmen’s Compensation Fund (WCF), a Ministerial regulation which specifies agricultural and fishery workers (many of whom are migrants) are not protected by labour protection law, prohibition of migrants from changing employers and a prohibition on migrants from obtaining drivers licenses.
3. Deduction of the wages of migrants from Cambodia, Lao PDR and Myanmar is to begin in January 2011 with funds remitted into an Alien’s Repatriation Fund. This Fund does not apply to workers from other countries working in Thailand and is discriminatory. Deductions create excessive burdens on migrants with low income. In addition migrants continue to face high costs from NV as they must pay excessive fees to unregulated brokers as well as registration, work permit fees and health insurance premiums. Workers who complete NV must make contributions to the Social Security Fund without receiving full benefits as prescribed by the law.
4. The import of migrants under MOU’s is excessively costly (with brokers also remaining unregulated) and is not proceeding systematically. Labour import cannot respond to existing labour demands in Thailand. Since 2003 only 24, 000 workers have been imported into Thailand with only 700 from Myanmar.
Recommendations
With a view to assisting the RTG’s development of future migration policies to respond to existing labour market demand in line with humanitarian principles and the rule of law, and so as to prevent corruption and continued human rights violation against migrants, SERC, HRDF and the TLSC propose as follows:
1. The RTG should review its migrant deportation policy and re-open registration for all migrants in Thailand, including those not previously registered. All migrants can then come forward to register and are able to enter NV. The RTG should also genuinely regulate NV brokers and ensure they charge reasonable fees.
2. The RTG should expedite investigations into rights violations against migrants, particularly when officials are involved and particularly those occurring during deportation. To ensure independent and transparent investigations and taking into account international standards to be upheld by Thailand as President of the Human Right Council, UN Special Rapporteurs should be invited to participate in such investigations.
3. The RTG should repeal discriminatory regulations preventing migrants from accessing labour and other basic rights, as required under Thai and international laws. The RTG should carefully review the policy on deducting migrant salaries for remittance to an Alien’s Repatriation Fund.
4. For the purpose of effectively regulating migration and preventing corruption and violation of migrant rights, the RTG should formulate a long term migration policy with the establishment of a specific independent agency to be responsible for implementing this policy. All relevant government agencies, migrants, employers and civil society should be enabled to participate in such policy formulation. The RTG should engage with all countries, but particularly with Myanmar’s authorities, to resolve challenges faced with NV, preventing deception of workers coming to Thailand and the suppression of human trafficking.
5. RTG should co-operate with all ASEAN member states to genuinely resolve challenges faced in managing migration and preventing human trafficking by raising both issues high on ASEAN’s agenda. The RTG, together with all ASEAN member states, should also accede to the International Convention on the Protection of the Rights of All Migrant Workers and their Families.
Migrants contribute to development of the Thai economy and society. Nevertheless, these workers are often viewed only as a production factor while their humanity is overlooked. On the occasion of the 20th Anniversary of the International Convention on the Protection of the Rights of all Migrant Workers and Their Families, and given that Thailand is currently the President of the UN’s Human Right Council, now provides a good opportunity for the RTG to genuinely consider our proposals so as to manage migration in a more systematic manner. This will assist the RTG to achieve its commitment to promoting the participatory role of Thailand in the efforts of the global community and to promote and protect democratic values, human rights, humanitarian principles as well as resolving all challenges that affect human security.
Friday, December 17, 2010
For Immediate Release: 17th December 2010
Tuesday, June 1, 2010
For Immediate Release 1st June 2010: Human Rights Watch/HRDF Joint Statement on Situation of Migrants in Thailand to the UN Human Rights Council
**To: All Media/Editors and Colleagues**
Please find attached the joint statement of Human Rights Watch (HRW) and
the Human Rights and Development Foundation, Thailand (HRDF) which was
issued this morning (Tuesday 1st June 2010) in the United Nations Human
Rights Council in Geneva, Switzerland. This statement, on the situation of
migrant workers in Thailand, was issued as part of the interactive
dialoguefollowing the report to the 14th Session of the Human Rights Council by
theUN Special Rapporteur on the Human Rights of Migrants. A Thai translation
of this statement is also attached.
During 2009-2010, the UN Special Rapporteur on the Human Rights of
Migrants issued 4 sets of urgent and confidential correspondence to the
Royal Thai Government on issues relating to migrant workers in Thailand,
including: (1) the deportation of Laos Hmong; (2) the migrant nationality
verification process; (3) treatment of Rohingya persons in Thailand; and
(4) systematic discrimination against migrant work accident victims. This
correspondence, also released to the UN Human Rights Council today, shows
the Thai government replied to the Special Rapporteur only on issues (1)
and (3).
This statement, as issued during the Council session, can also be viewed
on the UN Webcast at http://www.un.org/webcast/unhrc/archive.asp?go=0144
For more information on this statement, please contact:
o Mr. Sunai Phasuk (Human Rights Watch, Thailand): +66 816 323052 (English
and Thai)
o Mr. Somchai Homlaor (Human Rights and Development Foundation, Thailand):
+66 818 995476 (English and Thai)
o Mr. Phil Robertson (Human Rights Watch, New York): +1 917 378 4097
(English and Thai)
o Mr. Andy Hall (Human Rights and Development Foundation, Thailand): +66
846 119209 (English and Thai)
**HRDF’s Migrant Justice Programme**
migrantjustice@hrdfoundation.org
**Human Rights Watch**
Oral Statement
Item 3
Interactive Dialogue
Mr. President,
Human Rights Watch, with the support of the Human Rights and Development Foundation of Thailand, thank the Special Rapporteur on Migrants for his report on communications, which highlights the plight of migrants in Thailand. An estimated two to three million migrants work in Thailand. The majority originate from Burma, but significant numbers are also from Laos and Cambodia. These migrants work in the most dangerous and lowest paid jobs, contributing 6 to 7 percent of Thailand’s GDP and making up 5 to 10 percent of its workforce.
Main challenges faced by Thailand’s migrants result from the government’s emphasis on presumed nationality security concerns and economic imperatives over respect for human rights. Thailand continues to lack a long-term strategy for integrating migrants into its society or protecting their fundamental rights. This means migrant access to hygienic and sustainable housing, as encouraged in the Special Rapporteur’s report, remains a distant reality. Policies to promote migrant access to health care are more promising, but migrants continue to be regarded as second-class citizens and subject to systematic discrimination, and access to these services are also severely limited in practice.
In 2003, Thailand and Burma agreed to a process called “National Verification” through which Burmese migrants who had entered Thailand “illegally” would return to Burma to verify their nationality. Migrants would then be issued temporary passports enabling them to work legally in Thailand. The policy, however well-intentioned as a method to deal with irregular migration, was implemented in 2009 with no genuine consideration for human rights. Instead, threats of mass deportation have been highly visible, only registered migrants are eligible for the scheme, and unregulated brokers continue to charge exorbitant fees. Human Rights Watch commends the Special Rapporteur’s interventions on this issue and requests he continue to carefully monitor this policy’s implementation.
The past year has seen migrants in Thailand continue to face routine exploitation at work by employers and lack of effective access to labor rights protection mechanisms, dangerous working conditions, severe restrictions on freedom of movement and organizing, and regular victimization through systematic targeting for arbitrary arrest and extortion by police and other government officials. Allegations of national security concerns resulted in reversal of a promising policy by the Transport Department to allow migrants access to driving licenses (though now they lawfully can own vehicles).
Human Rights Watch expressed concerns at the Human Rights Council last year regarding treatment of migrants disabled as a result of work accidents. Despite the Special Rapporteur’s extensive correspondence with Thailand on this issue, and an ILO Committee of Experts report concluding Thailand is breaching ILO Convention No. 19, to which it is a party, migrants continue to be denied access to the Workmen’s Compensation Fund, as well as deprived work accident rehabilitation services and disability registration. The discriminatory treatment of migrants violates Thailand’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination and contravenes the extensive pledges on non-discrimination and respect for migrant rights made in Thailand’s recent membership campaign for this Council.
Mr. President, we note finally that the Special Rapporteur has yet to receive a response to his request for an official visit to Thailand. Human Rights Watch strongly supports such a visit as a means to constructively support Thailand in its efforts to adhere to its international obligations to promote migrant rights and thereby honor its recent pledges to this Council.
