THAILAND: Discriminatory relief operations and forced deportation against Burmese migrant workers affected by the tsunami 

Dear friends,

The Asian Human Rights Commission (AHRC) is extremely concerned about the discriminatory relief operations against Burmese migrant workers affected by the tsunami by the Thai authorities. According to the latest information, due to the tsunami, about 2,300 Burmese workers were killed, 4,000 went missing, and over 3,000 are taking shelter at an abandoned construction sites without any humanitarian assistance. These Burmese workers are mainly in two provinces; Phangnga and Phuket province. While Thai citizens and foreign tourists affected by the tsunami have received proper humanitarian aid facilitated by the Thai authorities, the Burmese migrant workers are totally isolated and have received no assistance.

Moreover, the AHRC is disturbed to hear that the Thai authorities are forcibly deporting affected Burmeses migrant workers on the pretext of “cutting down on post-tsunami crime.” Both of the illegal workers and the legal workers who lost their legal documents due to the tsunami have been deliberately arrested and deported by Thai authorities without providing any compensation or their salary. Due to these circumstances, the Burmese workers have gone into hiding in the hills without any provisions. It is estimated that about 2,000 Burmese migrant workers have been deported to Burma in recent weeks. The AHRC has also been informed that the Burmese workers have not dared to go and identify their families and relatives who died due to the tsunami, fearing arrest and forced deportation.  Due to this policy of the Thai authorities, many domestic/international organizations who are willing to help the Burmese migrant workers, have even greater difficulties now in accessing those in need.

We call for your urgent intervention into this matter. Please write a letter to the Minister of Labour of Thai government calling on her to immediately provide proper relief for Burmese migrant workers affected by the tsunami, regardless of their legal/illegal status. Please urge her to stop arresting and deporting the Burmese migrant workers. Finally please ask her to provide appropriate compensation for lost salary to the worker according to Thai labour law, and ensure that they are given appropriate medical and humanitarian assistance.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

In Thailand’s southern provinces, Ranong, Phangnga, Phuket, Krabi, Satun and Trang, were all devastated by the tsunami on 26 December 2004. Phangnga and Phuket provinces were among the worst hit by the tsunami in Thailand. It is estimated that at least 120,000 registered (legal) Burmese migrant workers work in the fisheries, construction, rubber and other industries in these six provinces. The total number of Burmese migrant workers doubles when illegal workers are included.

According to the information we have received, 2,000 Burmese migrant workers were killed and 4,000 went missing in Phangnga province. It was also reported that in Phuket province, 300 Burmese workers were killed and 3,000 are taking shelter at abandoned construction sites around the area. A further 2,000 are still unaccounted for. Up to now, no information has been disclosed regarding the situation for Burmese workers in other provinces. Therefore, the actual number of the dead and missing amongst Burmese workers, may grow much higher. Additionally, many of these Burmese workers lost all their possessions including their legal work-permit documents and ID cards.

While the Thai authorities have assisted Thai citizens and foreign tourists in those affected six provinces by giving shelters, basic facilities, medical attention, food, financial assistance and receiving DNA checks to find their missing relatives, the affected Burmese workers have been totally isolated from aid operations. Despite the Ministry of Labour announcing that the Thai government would provide 20,000 baht compensation for a death, 2,000 baht in aid money for an unemployed Burmese workers by Thai labour law with assistance in DNA checks to find their missing relatives, no action has been taken.  The Thai authorities said that only the Burmese workers who have work permits are allowed to access humanitarian aid in principal. However, local NGOs criticized that even those Burmese workers having work-permit documents have great difficulties to access humanitarian aid.

Thai authorities have begun to crack down on the Burmese migrant workers in the six affected provinces by forcibly deporting them to Burma. The arrest and deportation of the Burmese workers started after Thai villagers claimed that some Burmese workers were stealing goods from a tsunami-hit hotel. Instead of arresting those suspects, the Thai authorities cracked down on all Burmese migrant workers. Mr. Surapong Kongchantu, vice-chairman of the Human Rights Subcommittee on Ethnic Minorities, Stateless People, Migrant Workers, and Displaced Persons of the Law Society of Thailand, said that the crimes are mostly committed by “Thai nationals”. He said that out of 27 recent arrests for theft and break and entry, 20 were reportedly Thai nationals. He further said that by applying this policy, Thai authorities are “forcing migrant workers to become criminals as another means of survival”.

As of now, over 2,000 Burmese migrant workers have been sent back to Koh Song province in Burma. Among them, those who lost their legal documents or whose employers were killed, were also sent back to Burma as they could not prove their legal status. Thai immigrant officials abandoned these people near Koh Song province in Burma. According to the latest information, Burmese authorities only allow a small number of people to come inside of the country.

Pol Lt-Gen Ammarin Niamsakul, the immigration police commissioner, has said that only illegal Burmese workers are sent back to Burma, together with those who wanted to go back. Regarding illegal Burmese workers, Jakkaphan Sareung, head of the Labour Ministry’s illegal alien workers suppression unit, said, “Many employers abandoned their workers after the disaster. However, the authorities do not want to aggravate the situation further, so we will just send the unemployed back without punishing the employers”. His words illustrate that the Thai authorities have used the tsunami incident as an opportunity to crack down on illegal migrant workers. No aid was given to them prior to their deportation. Such discrimination against Burmese migrant workers in the miserable situation they found themselves in is absolutely inhuman and is a violation of international laws and standards.

Facing arrest and deportation, many Burmese migrant workers are now in hiding and are suffering from hunger and poor health. They do not dare to seek humanitarian aid for fear of arrest and deportation. They also do not dare to go to temporary morgues to identify their families and relatives. For instance, more than 1,000 corps are believed to be Burmese migrant workers among the 3,700 corps that autopsies have been conducted on. However, they lay abandoned in the morgues without anyone to claim them.

Many donations have been raised around the world for the Burmese workers and several international organizations including the United Nations tried to help them. However, under these circumstances, it is unlikely for them to reach the Burmese migrant communities effectively without specific assistance by the Thai authorities. It is further reported that Burmese people who organized themselves to help their own people are now facing harassment and arrest by the Thai authorities.

In light of the above, the AHRC strongly requests the Thai authorities to immediately stop discriminatory aid operations against Burmese migrant workers and set up an operation centre to provide aid to migrant workers in the six provinces ravaged by the tsunami. The ongoing arrest and deportation of Burmese workers must be stopped immediately. The AHRC also urges the Ministry of Labour to assist the Burmese workers so that they can receive compensation according to Thai labour law.

SUGGESTED ACTION:

Please send a letter, fax or an email to the Minister of Labour urging that immediate relief be provided to Burmese migrant workers affected by tsunami and their forced deportation be stopped.

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