Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that the government of Thailand is imposing policies which further deprive migrant workers of their rights. The policies, particularly on migrant workers giving birth in the country, are discriminatory as they effectively excuse the government from any responsibility to ensure the welfare of persons who are not citizens. This is in violation of Thailand’s international obligations.
CASE DETAILS:
In dealing with the migrant workers’ issue, General Sonthi Boonyaratglin, leader of the September 2006 coup and now Deputy Prime Minister, on November 14 announced during a visit to Samut Sakhorn, that he would deal with the “problem” of migrant workers having babies in Thailand. He said that pregnant women would be deported back to their countries of origin. He also said that arrangements would be made through the National Security Council (NSC) in dealing with migrant workers having babies there.
Prior to this, on October 26 the province’ governor, Virayuth Iyamampha, had already issued a notice that people “should not give assistance [to migrants] because it will give them the feeling that they belong to the community”. He instructed factories employing migrants from Burma, Laos and Cambodia, especially those from Burma, to monitor their behaviour so that criminal cases could be initiated, and also told them not to do anything to encourage the “spread of aliens’ culture”.
Apart from that, two local radio stations in the northern part of the country broadcasting in minority languages have also been ordered by local army officers stop broadcasting for “security reasons”. Two local radio stations using Karen as their medium and another using Shan have been affected. Even though the said orders have not been made in writing they appear to have come from the Internal Security Operations Command, which is also headed by General Sonthi. Despite explanations made by the broadcasters that the contents of their programmes are about health, education and other social matters they were still not allowed to keep broadcasting.
BACKGROUND INFORMATION:
On August 30, the AHRC already raised its concerns along with other groups regarding discriminatory gubernatorial directives targeting migrant workers in five southern provinces. The provinces of Phuket, Ranong, Rayong and Phang Nga imposed restrictions prohibiting migrants from gathering in groups of more than five persons without prior permission, regulates their use of mobile phones, motorcycles and cars, and imposed curfew hours from 8pm to 6am. Similar directives have also been imposed in the provinces of Surat Thani, Krabi and in Chaing Mai.
The directives deprive the migrant workers of their fundamental rights. The workers are mostly from Burma, Laos and Cambodia, and intend only to provide financial support to their families back home. Some workers, particularly those coming from Burma, are forced to leave their countries to avoid persecution. The regulations are also applied regardless of whether or not the workers have proper documentation. It makes them more vulnerable to abuse and exploitation, both by their employers and the police authorities.
Apart from policies imposed above, it is also difficult for migrant workers to obtain legal remedies or representation once their rights are violated. In Thailand, migrant workers have no legal right to form their own unions and collectively bargain with their employers and the government for their demands. In the event of a labor conflict, migrant workers are unable to raise complaints, settle the case amicably and are forced to endure the continuing abuses to avoid being deported.
For instance, in Thailand, migrant workers seeking another employer cannot legally do so unless they are given clearance or permission by their previous employers. Therefore, once a conflict takes place between the worker and the employer, the latter exploits the former by refusing to give them permission to move on. When the migrant workers cannot obtain other employment legally, they are forced to work illegally once their permit to stay expires. This condition makes them more vulnerable to abuse by their employers.
For individual cases regarding the plight of migrant workers working in Thailand, please read our previous appeals: UA-54-2003; UA-178-2004; UA-157-2005; UP-109-2005.
The AHRC has warned that the imposition of these policies and directives is tantamount to a trend towards heightened military control, not only in the southern provinces where the emergency law still continues to take effect, but in the entire civilian institution of the country on the pretext of “counter insurgency” and threats to “national security”. (AHRC-PL-034-2007; AS-276-2007). See also Thailand imperiled by masculinity, not pregnancy at UPI Asia Online.
SUGGESTED ACTION:
Please write letters to the concerned authorities below demanding the government of Thailand to ensure that discriminatory orders and policies are immediately revoked. They must also observe obligations under international law to refrain from taking actions depriving migrant workers’ rights.
The AHRC is also writing letters to the concerned UN agencies for their intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
THAILAND: Please desist with policies that discriminate against migrant workers
I am writing to express my deep concern regarding the implementation of policies by the government of Thailand discriminating further against migrant workers.
I have learned that on 14 November 2007 Deputy Prime Minister General Sonthi Boonyaratglin announced that the government would deport pregnant migrant workers. This, however, effectively excuses the government from any responsibility to ensure the welfare of migrant workers, particularly women having babies. He also said that appropriate arrangements would be made through the National Security Council (NSC) to deal with migrant workers having babies there.
Meanwhile, on 26 October 2007 Governor Virayuth Iyamampha of Samut Sakhorn issued a notice (No. Sorkhor 0017.2/Wor 3634) that the people “should not give assistance [to migrants] because it will give them the feeling that they belong to the community”. He instructed factories employing migrants to monitor their behaviour so that criminal cases could be initiated, and also told them not to do anything to encourage the “spread of aliens’ culture”.
Also in five provinces in the south, gubernatorial directives have been imposed which prohibit migrant workers from gathering in numbers of more than five persons, regulating their use of mobile phones, motorcycles and cars, and imposed curfew hours on them. Similar directives have also been imposed in Chaing Mai. These rules remain in effect despite being contrary to the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, to which the government of Thailand is a State Party.
There has not been progress to respond to demands to have this directives revoked in accordance with the article 2 (c) of the Convention which requires a “review [on] governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists”. The Convention also obliges the government to ensure equal treatment, including the migrant workers, of people living and working in their country.
Apart from this, I have also learned that local radio stations in the northern part of Thailand which broadcast minority languages have been ordered to stop from broadcasting on the pretext of “security reasons”. Though the broadcasters have properly explained that the content of their programmes is about health, education and other social matters, and that their use of the said languages helps in effectively communicating with their target audience, the army officers ignored their pleas in allowing them to continue their work.
I therefore urge you to ensue without delay that these discriminatory directives are revoked and the government will refrain from taking needless actions against migrant workers. As State Party to the International Convention on the Elimination of All Forms of Racial Discrimination, the government of Thailand has international obligations to ensure that it affords equal protection to persons working and living in Thailand, regardless of country of origin and race. It is disappointing that the government has instead failed to live up to these obligations.
Also, I urge the government to refrain from implementing laws and policies in dealing with the migrant workers on the pretext of “national security”. I am gravely concerned regarding the military’s actions in which matters purely about affording migrant workers social services are being exploited for nationalist and political purposes. It is disappointing that instead of taking appropriate measures to adequately address their needs, the government sees fit to resolve this simply by way of deportation. I urge the government to take responsibility for the welfare of migrant workers. Appropriate and adequate measures should be taken to provide responsible long term solutions.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. General Surayud Chulanont
Interim Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
E-mail: spokesman@thaigov.go.th
2. Mr. Chaikasem Nitisiri
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th or oag@ago.go.th
3. Mr. Charnchai Likitjitta
Interim Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
E-mail: om@moj.go.th
4. Mr. Aree Wongaraya
Interim Minister of Interior
Office of the Ministry of Interior
Atsadang Road
Bangkok 10200
THAILAND
Tel: +662 224-6320/ 6341
Fax: +662 226 4371/ 222 8866
E-mail: om@moi.go.th
5. Professor Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Tel: +662 219 2980
Fax: +662 219 2940
E-mail: commission@nhrc.or.th
6. Mr. Apai Chantanajulaka
Interim Minister of Labour
Office of Ministry of Labour
Khweng Din Daeng
Bangkok 10400
THAILAND
Tel: +66 2 245 4310-4
Fax: +66 2 643 4457 or 232 1433 (for Deputy Minister) or 232 1009 (for Secretary)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
