THAILAND: Illegal detention and deportation of 232 Burmese migrant workers 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the forced deportation of 232 Burmese migrant workers from Daechapanich fishing net factory in the Khon Kaen province in north-east Thailand. The workers were facing severe stress due to the working conditions and therefore approached the MAP Foundation (Migrant Assistance Program) for advice, and the local Welfare Protection Office to mediate between the workers and the employer. An agreement was reached on 1 September 2005, regarding working and living conditions.

The next day, at the end of their shift, the workers returning to the living quarters and those on their way to work passed each other on the street. The local authorities, including border soldiers and police officers surrounded the workers. The workers were put in buses for deportation and deported to Burma on September 4. The following day representatives of the group crossed the border legally in order to lodge complaint documentation with the Ministry of Labour. A hired gang kidnapped the group and assaulted one of the workers. The hired gang then took the rest of the workers to Mae Sot police station where they were detained while awaiting deportation.

In light of this, we ask that you write immediately to Prime Minister Thaksin Shinawatra and the Minister of Labour seeking their intervention in this case. An investigation should be launched into why the workers were arrested in the first instance and who authorised this. The forced deportation of the workers violates Thai government policy on migrant labour since the policy on migrant workers allows workers to change employers anytime within the one year registered period. The employer, Labour Protection Office and police in Khon Kaen disregarded the legal procedure for migrant workers to change employer. Finally, disciplinary/legal action should be taken against those who authorised and those who conducted the assault on the human rights defenders who conducted the kidnapping.

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

There are approximately 4,000 workers, including 500 Burmese workers at Daechapanich, a nylon fishing net factory in Khon Kaen province, Thailand. The workers worked 12 hour shifts without a break. They received only 102 Baht (US $ 2.50) per day in hand, after 28 Baht was deducted from this to cover their food and accommodation costs. They had only four days leave per month.

The workers contacted MAP Foundation for advice on the laws regarding their working conditions. They were also fearful for their security after a brawl broke out at a football match, and subsequently the security guard at the factory kept a knife with him. On September 1, the Labour Protection officer mediated between the workers and the employer. A signed agreement was made for shorter working days (ten and a half hours), an increase in wages to 140 Baht (US $ 3.50) per day, and public holidays off. The workers also requested to have a Labour Committee in the factory, but the employer refused this request.

However, the improved conditions for the Burmese workers lasted only one shift. On September 2, after the workers had finished their day shift at 5.30pm, they soon discovered that their bus to take them home was not coming. They therefore had no choice but to walk home. On their way they met up with the group of night shift workers who were on their way to start work. News quickly spread that the two groups were together and the employer presumed this to mean that they were intending on conducting a demonstration against the factory. The employer immediately contacted the police and other security agencies, calling for their assistance in this matter. When the police arrived, they proceeded to arrest first the leaders of the Burmese group, and then the remaining workers, who together totalled 232. On September 4, the workers were deported back to Burma.

The following day representatives of the group crossed the border legally to lodge a complaint about the case with the Minister of Labour. However, the group were followed by unknown persons in a vehicle who set upon the workers and kidnapped them. They then made the workers take them to a community workers centre and proceeded to assault one of the leaders. This hired gang then took the rest of the workers. The workers rights group gave details of the licence plate of the kidnapper’s car to the police who then unsuccessfully searched for the vehicle. Several hours later, the workers rang to say the hired gang had taken them to Mae Sot police station where they were now detained.

The Burmese workers at Daechapanich fishing net factory were legally registered but they entered a legal black hole the moment they were moved from Khon Kaen. They paid 3,800 Baht for their work permits, which the government issued to them. Yet they have been treated as though they are illegal and have been denied the basic human rights they are entitled to.

The action taken by the factory employer and the police, therefore, is a direct violation of migrant policy and the national labour law. The National Labour Law of Thailand protects all workers. The policy on migrant workers allows workers to change employers anytime within the one year registered period.

Background information:

This case demonstrates the ongoing problems facing migrant workers in Thailand. Burmese migrant workers are routinely underpaid and abused in Thailand without any consequences for the employers. For example, in June 2003, 420 Burmese migrant workers from King Body Concept Co. Factory were fired and deported to Burma after demanding their legal rights. The immigration office immediately sent them back to Burma without any investigation of the dispute between the factory owner and the workers, which is a violation of Thai law. (See further: UA-23-2003). A further example occurred in September 2003, when 75 Burmese workers were forced to work under inhumane conditions, including shifts of 41 hours without being provided a break. When the workers complained of such conditions, many of them were fired. (See further: UA-53-2003).

SUGGESTED ACTION:

Please write a letter to the Prime Minister and the Minister of Labour requesting them to take genuine steps to remedy this matter. Please also send copies of that letter to those persons listed below.

 

 

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