Dear friends,
Further to our urgent appeal on the forced deportation of 232 Burmese migrant workers from Thailand, the Asian Human Rights Commission (AHRC) writes to inform you that the group of 12 who were illegally re-arrested and detained after coming back to Thailand to lodge a complaint were forcibly deported for a second time.
As we reported previously (UA-157-2005), after the 12 workers representing the 232 who were deported from the Daechapanich fishing net factory in Khon Kaen province had obtained day passes to enter Mae Sot district, on their way from the border they were stopped and forced into a car by a hired gang. The men confiscated the border passes, and forced the group to take them to a community workers’ centre. The gang entered the centre and proceeded to assault one of the persons there and then left in the car, with licence plate number Bor Khor 5760. A reliable source has indicated that this car belongs to the local police.
MAP Foundation (Migrant Assistance Programe), a legally registered foundation in Thailand, immediately made a formal complaint to the police in Mae Sot. Two police officers were assigned to investigate the alleged kidnapping and assault of the group. The workers were taken to the police station, and later deported. There is no known progress in the police investigation.
The National Human Rights Commission of Thailand has formally expressed its concern about this case to the governor of Tak province, and will conduct an investigation on September 19.
ADDITIONAL COMMENTS & SECOND CASE
Although the policy on migrant workers in Thailand gives them equal rights to Thai workers, in reality they are unable to exercise their rights and are completely subject to the control of powerful employers and brokers. In this case when the employees were moved from the border province of Tak to the interior province of Khon Kaen, they had no control over their lives. While the law provides that where
employees are moved the Department of Employment should be involved in registering the new address of the employees, in practice there are no provisions for migrant workers to be able to contact the department or make other necessary arrangements to see that the law is enforced, in this or other respects.
Another recent case illustrates this point. On 29 July 2005, the MAP Foundation was contacted by a migrant worker employed in the Chotiwat Manufacturing Company in Haatyai, a city in the southern Songkla province, to say that he and 72 other registered Burmese had changed their employer and province from Mae Sot to Songkla in June. A broker had made the arrangements for the transfer, following the legal procedures set out in the migrant policy of contacting the Department of Employment in both provinces. However, the broker charged each worker 8500 Thai baht (USD200) to be transferred. The broker informed them that if any official asked about the cost, they should say they paid 2500 (USD60) Thai baht each.
When they arrived in Songkla, the workers found that the conditions in the factory were worse than expected. They were required to work from 7am to 7pm and were only allowed one break from 12pm to 1pm. They were paid 140 Thai baht (USD3) per day, with some overtime, but uniform fees were deducted from this, at approximately 5,500 Thai baht (USD125) for each worker. Workers were also required to pay for electricity, water and cooking utensils, although the broker told them otherwise.
The workers were not satisfied with these conditions, and attempted to negotiate with their employer. These negotiations were unsuccessful and working conditions
did not improve. On one occasion when the workers tried to organize, their meeting was disrupted by a security guard, who used his pistol to beat the workers. Workers who the authorities identified as being the leaders of the group reported receiving threats.
On July 30, two MAP staff members and an attorney from the Law Society of Thailand met with the workers outside the factory, after being refused access, despite attempts to negotiate through the Department of Employment. An officer from the Ministry of Labour finally went to the factory to speak with the workers on August 5, as did officers from the Employment and Immigration Office. Later that day they took 38 workers to the Sadao Immigration Office and gave them food.
The next day staff from the Employment and Immigration Office allegedly returned to the factory to force the workers to sign a document stating that they had not been threatened by their employer and had not been
dismissed, but had freely decided to resign. The workers refused to sign.
On August 11, the Sadao Immigration Office sent the 38 workers to the Bangkok Immigration Office in an open truck. August is in the middle of the rainy season in Thailand and it was a 10 hour journey. Many workers reported becoming sick during the trip, due to lack of shelter from the rain. After the group was brought to the Bangkok Immigration Detention Centre, MAP Foundation requested medical treatment for the workers but was told that there were no doctors available because it was a public holiday.
Despite assurances from immigration officials that they would review the case and cooperate with other agencies, they sent the 38 workers back to the border among a group of 183 on August 16. It is understood that among this group were people registered as Persons of Concern by the UN High Commissioner for Refugees, who should under no circumstances have been sent back to Burma.
On August 17, the group of 38 was deported across the Moei River to Burma, to a location controlled by a private militia operating jointly with the Burma army. They were forced to pay money to the militia unit to be released and allowed to reenter Thailand and try to reregister for work. However, as the temporary worker identity cards of the 38 had not been transferred back to the border with them, they were unable to get work and were forced back to Burma again. Thus, although the group was legally registered, after they were transferred from one part of Thailand to another they lost control over their situation.
SUGGESTED ACTION:
Please write to the Minister of Labour requesting further steps to address these and other cases of illegal actions against migrant workers in Thailand and groups offering them necessary assistance.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Mr Somsak
THAILAND: Burmese workers deported for a second time after attempting to assert their legal rights
I am writing to express grave disappointment that a group of 12 Burmese workers who were illegally re-arrested and detained after coming back to Thailand to lodge a complaint about illegal deportation were forcibly deported for a second time.
According to the information I have received, after the 12 workers, representing 232 who were deported from the Daechapanich fishing net factory in Khon Kaen province, had obtained day passes to enter Mae Sot district, on their way from the border they were stopped and forced into a car by a hired gang. The men confiscated the border passes, and forced the group to take them to a community workers' centre. The gang entered the centre and proceeded to assault one of the persons there and then left in the car, with licence plate number Bor Khor 5760. A reliable source has indicated that this car belongs to the local police.
Although a formal complaint has been lodged with the police in Mae Sot and two police officers assigned to investigate, there is no known progress in the case.
Meanwhile, the workers were taken to the police station and later deported. I am also told that the National Human Rights Commission of Thailand has formally expressed its
concern about this case to the governor of Tak province, and will conduct an investigation on September 19.
This case speaks to the many gaps between policy and
practice on migrant workers in Thailand. While I understand that the policy on migrant workers in Thailand gives them equal rights to Thai workers except the rights to form trade unions, in reality they are unable to exercise their rights and are completely subject to the control of powerful employers and brokers. In this case when the employees were moved from the Tak to Khon Kaen they had no control over their lives. While the law provides that where employees are moved the Department of employment should be involved in registering the new address of the employees, in practice there are no provisions for migrant workers to be able to contact the department or make other necessary arrangements to see that the law is enforced, in this or other respects.
I have been informed of another similar case that also illustrates this point. According to the information I have received, after a group of migrant workers at the Chotiwat Manufacturing Company in Songkla province attempted to renegotiate their working conditions they were threatened and at least one assaulted by employer representatives. Subsequently, when the Law Society of Thailand and another organization sought to intervene in the case, the Sadao Immigration Office removed 38 workers and on August 11 sent them to the Bangkok Immigration Detention Centre in an open truck during rains. On arrival, many of the workers reported ill due to the conditions in the truck, but reportedly received no medical attention on the excuse that it was a public holiday. Finally, despite assurances from
immigration officials that they would review the case, the group was deported on August 17. Attempts to re-secure their legal status in Thailand proved fruitless.
I urge you to order investigations into the handling of these two deportations and to review the management of similar cases, particularly where migrant workers have been moved from one part of Thailand to another. As I understand it, it is the responsibility of the Department of Employment under your Ministry to ensure that transfers of migrants are handled smoothly and the law upheld where disputes or other issues arise. Investigations should follow to establish why regulations were not followed, and disciplinary action
taken against the concerned officials. The Department of Labour Protection and Welfare, which also should have played a role, clearly neglected its duty in these instances and its role too should be reviewed .To improve migrant workers working and living conditions, we encourage the Royal Thai Government to create a mechanism whereby migrants can report situations of servitude and exploitation, a mechanism which is accessible to migrants and which is linked to the judicial system and to reduce the incidence of
servitude, the Royal Thai Government should allow migrant workers to form unions and should lift the restrictions on freedom of movement for registered migrants.
I also call upon you ensure the protection and safety of those providing assistance to the workers. I have heard of many similar instances of threats against persons working to protect the rights of migrant workers in Thailand and am appalled that persons working for the defence of fundamental human rights in your country continue to be subjected to extremely blatant and brutal forms of intimidation.
I look forward to your intervention.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
Mr. Somsak Thepsutin
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 Vice Minister) or
232 1009 (for Secretary)
PLEASE SEND A COPY TO:
1. Dr Thaksin Shinawatra
Prime Minister
Government House
Pissanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
Email: thaksin@thaigov.go.th,
govspkman@mozart.inet.co.th
2. Pol. Gen. Chidchai Wanasatidya
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 2 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
3. Mr. Pornchai Yooprayong
Deputy Director General
Department of Labour Protection and Welfare
Ministry of Labour
Khweng Din Daeng
Bangkok 10400
THAILAND
Fax: +66 2 245 3192
4. Professor Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th
5. Ms. Christine Evans-Klock
Director
ILO Regional Office for East Asia (SRO-Bangkok)
United Nations Building, 10th Floor
Rajdamnern Nok Avenue, P.O. Box 2-349
Bangkok 10200
THAILAND
Tel: + 66 2 288 2219 / 288 2220
Fax: +66 2 288 3058
E-mail: bangkok@ilobkk.or.th
6. Special Rapporteur on the Human Rights of Migrants
Office of the High Commissioner for Human Rights
United Nations
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: (+41 22) 917 90 06
E-mail: urgent-action@ohchr.org (please include in the
subject box: Special Rapporteur HR Migrants)
7. Mr. Doudou Diene
Special Rapporteur on Contemporary forms of Racism and Racial Discrimination
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9271
Fax: +41 22 917 9050
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
