UPDATE (Thailand): Updates on the tsunami-affected Burmese migrant workers 

[RE: UA-10-2005: THAILAND: Discriminatory relief operations and forced deportation against Burmese migrant workers affected by tsunami on 19 January 2005]

Dear friends,

The Asian Human Rights Commission (AHRC) sihes to share updated information with you regarding our earlier report on the discriminatory relief operations against Burmese migrant workers affected by the tsunami by the Thai authorities (See further: UA-10-20005).

According to the information we have received, after this matter was exposed by human rights groups, including the AHRC, the international community highly criticized the Thai government’s discriminatory relief operations against Burmese migrant workers. Due to the pressure from both inside and outside of the country, the Thai government has seized arbitrary arrest and forced deportation of Burmese migrant workers.

However, the AHRC has learnt that only small numbers of tsunami affected Burmese migrant workers have accessed aid agencies. We have been informed that this is because the workers still fear forced deportation as there is no official policy by the Ministry of Labour to ensure that this does not happen. We have also been informed that the process of re-registration of Burmese workers is being delayed due to inefficient mechanism and officials in district offices.

We again call for your urgent intervention in this matter. Please send a letter to the Minister of Labour of Thailand demanding that she relax regulations according to Article 17 of the Immigration Act (1979) and provide compensation to the migrant workers as stipulated by Thai labour law. Please also urge her to improve working mechanisms to speed up the re-issuing of ID cards, work permits and health insurance cards to the Burmese workers.

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

After several human rights groups, including the AHRC, exposed the discriminatory relief operations against tsunami-affected Burmese migrant workers by the Thai authorities, significant additional pressure was generated by the international community on the Thai government.

For example, on 25 January 2005, representatives of Geneva-based UN agency, the International Organization for Migration (IOM), met with Phuket Governor Udomsak Asavarangku to ascertain the actual situation of migrant workers affected by the tsunami.

In addition, to assess the impact of the tsunami on Burmese migrant workers in southern Thailand, a joint international mission was recently formed by the International Organization for Migration (IOM), World Bank, United Nations High Commissioner for Refugees (UNHCR), United Nations High Commissioner for Human Rights, and United Nations Development Fund for Women (Unifem).

According to the mission’s report which was undertaken in Krabi, Phuket, Ranong and Phangnga provinces from 20 to 25 January 2005, at least 7,000 registered migrant workers and their families were affected by the tsunami and many more unregistered migrants and their dependents may have also been suffered. The mission report, which includes data from interviews with government officials, NGO workers, the Burmese migrant community and people in refugee camps, temples and hospitals, also said large-scale displacement of migrants took place after the tsunami. The report further recommended “measures to allow all migrants to receive basic humanitarian assistance without fear of reprisal”, as Burmese migrant workers are finding it more difficult to get help, and fear arrest, deportation or discrimination.

No arrest or deportation of Burmese migrant workers has been reported since the Thai authorities were criticized by both the domestic and international community.
Several aid agencies including Map Foundation, The Thai Red Cross, The Raks Thai foundation, the Grassroots HRE and Development Committee (Burma), have been providing basic necessities such as food, water, sanitation facilities and basic supplies for migrant workers, including women and children.

However, the AHRC has been informed that only small numbers of tsunami affected Burmese migrant workers have accessed these aid agencies, because they still fear forced deportation due to no official policy by the Ministry of Labour to ensure their security. In this regard, many human rights groups insist that immigration laws should be relaxed to enable Burmese migrant workers who were victims of the tsunami to receive government assistance.

At a seminar jointly held on 27 January 2005 by the Institute of Asian Studies of the Chulalongkorn University, the National Human Rights Commission, the Action Network for Migrants and the Law Society of Thailand, the delegates urged that the Ministry of Interior should apply Article 17 of the Immigration Act (1979) to relax any move to arrest migrant workers in the six tsunami-hit provinces. Pol Lt-Colonel Chalermpong Wattanasuk, deputy immigration police chief in Satun, suggested Labour and Interior Ministry workers should “publicize a relaxation of the regulations.” Article 17 of the Immigration Act (1979) allows the Interior Minister to permit immigrants to live in Thailand under certain circumstances. The National Human Rights Commission also asked police to relax the rules, at least for a few more months.

The question was also raised on inefficiency of district offices which deal with the re-registration of temporary ID cards for Burmese migrant workers. There is no online database system for the re-registration in district offices. No information desk has been set up to provide the information of registration process to the migrants. Also, due to the lack of Thai-Burmese interpreters, the whole process has been significantly delayed.

Among the six tsunami-hit provinces, in Phang Nga Province about 7,000 Burmese workers registered for temporary ID cards. However, it is estimated that there will still be thousands of migrants who need to get their ID cards, health insurance cards and work permits in this province. The total number of the workers who need to register will be much higher, including the numbers of other provinces.

Human rights groups advised local authorities to set up a desk at district offices, which deal solely with the work of re-issuing ID cards and work permits to workers. They also suggested that local authorities to hire more interpreters and establish online database systems to speed up the process. They further said that the Ministry of Labour should set up a repatriate programme for the Burmese workers who voluntarily want to return to their country.

SUGGESTED ACTION:
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