Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Burmese migrant workers in the city of Khon Kaen in north east Thailand, holding a peaceful protest against their employer for illegally keeping their legal documents, had allegedly been fired upon by gunmen. To frighten them, the gunmen fired shots into the community where the workers lived. Allegedly the policemen who were investigating the case tried to cover up the incident by not doing a serious investigation. Workers were also prevented from receiving assistance from local human rights groups and NGOs.
CASE NARRATIVE: (According to information received from Social Action for Women – Thailand)
From September 7 to 15, 2010, Burmese migrant workers held a peaceful protest at the Dechapanich Fishing Net Factory where they were working, located in the city of Khon Kaen province in north east Thailand. In the community where they lived, gunmen opened fire on them. The workers were protesting because their employer refused to return their passports, overseas worker identity cards and work permits. They had also been asked to work without compensation for one-and-a-half hours each day since February 2010. The factory owner wanted to recover the costs incurred in paying the recruitment agency when the workers were hired.
The protest started when the company illegally terminated six workers. When these six workers demanded to have their legal documents returned, the employer refused to do so. The six workers were later supported by about 1000 migrant workers working in the same factory. Apart from protesting the illegal termination of the six workers, the workers had also demanded the return of their legal documents, payment of the salary and benefits due them. The workers were considering looking for other employment because the factory is reportedly losing money.
Therefore, in exchange for stopping their protest, the employer agreed to meet the workers demands: giving the salaries due them, their passports and their working permits, which only allow them to apply for other employment. However, their employer did not fully comply with what was promised. Instead, they prevented the workers from returning to work, threatened those who chose to resign that they will not give them their remaining salary.
Although 569 passports out of 938 have been given back to them, their overseas worker identity cards and work permits were not. Without these documents the workers could neither apply for other work or be hired by another employer.
The factory’s manager Pi Yu seemingly permitted the workers to find new jobs but in reality it was impossible for the workers to do this. The manager was asking 10,000 baht from any future employers who would want to recruit his workers. This condition was not acceptable to the workers. They were the ones who had to cover the cost of the 10,000 baht, prompting them to resume their protest.
The protesting Burmese workers only received 140 baht (around 4.60 U.S. dollars) a day – lower than the 157 Baht (5.20 dollars) minimum daily wage required by law.
On 6 of October, a notice was signed and posted by the factory manager. It stated that remaining wages and documents, including Identification Cards for those workers who choose to resign, could only be claimed at the immigration office on 7 October in the morning. They required the workers to go the immigration office and told them that they were no longer taking any responsibility for them. In the evening of 6 October, workers resumed their peaceful protest against their employer’s failure to comply with their earlier promises. The workers could not accept such deception and manipulation. In addition, they had great difficulty in providing for their daily needs. They did not have enough food to eat and the NGOs were prevented from helping them.
In the early morning of 7 October, it was alleged that the two gunmen riding on motorcycles fired their guns into the community where the migrant workers lived. This was done purposely to frighten them. Not daunted, however, the migrant workers allegedly chased the gunmen and tried to make a citizens arrest but failed. While escaping, one of the gunmen abandoned his motorcycle, license plate number 259, registered in Khon Kaen Township.
On that same day at about 12 pm, the workers allegedly heard more than 8 gunshots near the factory. This incident made the workers anxious about their security. However, despite having informed the local police and the security guards at the factory, none of them took action to investigate who fired the guns and to what purpose. The workers strongly believed that the shooting was done to intimidate them to stop their protest. Furthermore, they could get no answers from the local leaders of Khon Kaen after contacting them.
On 10 of October, people helping the workers contacted their leader about opening an investigation. During the investigation, three factory security guards and three policemen went to check the abandoned motorcycle. They did not take a photograph of it saying that they needed to check on the motorcycle in the police station records. The police did not seriously investigate the workers complaint. They laughed at the workers when they learned that they were frightened after hearing the gunshots. Their entire investigation took only 15 minutes to complete.
SUGGESTED ACTION:
Please write a letter to the concerned authorities below requesting their immediate intervention in this case.
The AHRC has also written separate letters to the ILO Director General and the UN Special Rapporteur on the Human Rights of Migrants. Please note that in writing letters to Burma, it should be referred to by its official name, Myanmar.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a peaceful protest
Number of affected workers: About 1,000 Burmese migrant workers
Name of the factory: Dechapanich Fishing Net Factory in the city of Khon Kaen in north east Thailand
Subject of the labour dispute: Illegal termination of factory workers; failure to give salaries and benefits due to the workers; refusal to return the workers’ passports, overseas worker identity cards, work permits and other legal documents they need to work legally in Thailand.
Date of incident: 7 September 2010 – 10 Ocrober 2010
Place of incident: Khon Kaen Province, north-east of Thailand
I am writing to express deep concern over the threats and intimidations made against Burmese migrant workers, holding a peaceful protest at the Dechapanich Fishing Net Factory in the city of Khon Kaen Province in north east Thailand. The workers were protesting against the refusal of their employer to release their passports, overseas worker identity cards and work permits.
The workers had also been forced to work in addition one-and-a-half hours each day, without pay, since February 2010. This was done to recover the cost to the employer of recruiting them into the factory. The costs of recruitment should be covered by the employer and not by the workers being hired.
I have been informed that the labour dispute started when six workers were dismissed earlier and illegally by the factory. When these workers sought to claim their legal documents from the employer, he refused to release them. Since September 7 to 15, 2010 the workers had been on strike to demand that their legal working documents be given back to them. The workers could neither apply for or be hired by another employer unless they can produce their documents, held back by their first employer.
The six protesting workers had the support of 1000 migrant workers from the same factory. The factory owners then promised to release the workers legal documents, prompting the workers to stop their protest.
However the employer did not keep his word to give back passports and related documents to all of their workers. The company did return 569 out of 938 passports, but the overseas worker identity cards and work permits were not returned. Without these cards the workers could not apply for any another employment.
The employer also prevented the workers from returning back to work. Those who had chosen to resign were threatened that they would not be given their remaining wages. The Burmese are being paid only 140 baht (around 4.60 U.S. dollars) a day – lower than the government-sanctioned 157 Baht (5.20 dollars) as the minimum daily wage.
While the manager of the factory, Pi Yu, had given the workers his consent that they could apply for another job, yet he was demanding 10,000 baht from employers who were interested in hiring his workers. This condition had effectively prevented the workers from applying for another job or entering into a new contract with those interested in their services. The workers had opposed the manager’s condition that each of the workers would have to bear the recruitment cost of 10,000 baht.
On 6 of October, a notice signed by the factory manager, stated that remaining wages and documents, including Identification card for workers who had chosen to resign, could only be claimed at the immigration office on October 7. Therefore, the workers were forced to go the immigration office. On the evening of October 6, the workers held a peaceful protest in the chapel near the factory. Needless to say, during all this time, the workers had difficulty in securing items for daily living. Basically, they had not enough food to eat, and NGOs were prevented from helping them.
In the early morning of October 7, it was alleged that the two gunmen riding on separate motorcycles fired their guns into the air close to the community where the migrant workers were living. The incident frightened them. But, not daunted, the workers chased the gunmen but failed to make a citizens arrest. Significantly, as they were escaping, one of the gunmen abandoned his motorcycle, license plate number 259, registered in Khon Kaen Township.
On that same day at 12 pm, the workers allegedly heard at least 8 gunshots near the factory, which made the workers anxious about their security. When the workers complained about the incident, neither the factory security guards nor the local leaders in Khon Kaen took any action despite having been informed of the situation.
On October 10, people helping the migrants, contacted their leaders about conducting an investigation. An investigation was conducted at the factory, which included three factory security guards and three policemen in the area. The police checked the abandoned motorcycle but they did not take a photo, claiming they would have to check records of the motorcycle at their police station. The entire investigation lasted for only15 minutes.
I urge you to order an immediate investigation into this case. The authorities must establish the identity of the strangers who had fired the guns frightening the workers. The Department of Labour Protection and Welfare, the Ministry of Labour should take responsibility in resolving this dispute by ensuring that the rights of these workers are protected.
These migrant workers deserve equal and adequate protection from the government of Thailand. They had been working legally. They were in compliance with the Nationality Verification process, the formalized irregular migration channels between Thailand and its neighboring countries provided by the Royal Thai government. As shown in this case, even though they had obtained proper legal documents, they were not backed by legal protection for their livelihood and security.
Also, I call upon you to ensure protection and safety to those who are providing assistance to the workers. I am deeply concerned that similar instances of threats will be repeated against persons who were coming to the aid of these migrant workers.
I look forward to your strong intervention.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Abhisit Vejjajiva
Prime Minister
Government House
Pissanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 288 4000 ext. 4025
Tel: +66 2 288 4000
E-mail: spokesman@thaigov.go.th or abhisit@abhisit.org
2. Mr. Chalermchai Sri-oon
Ministry of Labour
Office of the Minister of Labour
Mitrmaitree Road
Dindaeng
Bangkok 10400
THAILAND
Fax: +662 232 1467, +662 232 1468
Tel: +662 232 1051, +662 232 1061
E-mail: om@mol.go.th
3. Mr. Kasit Piromya
Minister of Foreign Affairs
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333
E-mail: om@mof.go.th
4. Mr. Chaowarat Chanweerakul
Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +66 2 226 4371/ 222 8866
Tel: +66 2 224 6320/ 6341
E-mail: om@moi.go.th
5. Pol.Gen. Wichean Potephosree
Royal Thai Police
1st Bldg, 7th Floor
Rama I, Patumwan
Bkk 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th
6. Professor Amara Pongsapich
Chairperson of the National Human Rights Commission of Thailand
Office of the National Human Rights Commission of Thailand
The Government Complex Commemorating His Majesty the King’s 80th BirthDay Anniversary 5th December, B.E.2550 (2007), Building B
120 Moo 3, Chaengwattana Road
Thoongsonghong, Laksi
Bangkok 10210
THAILAND
Fax: +662 143 9546, +662 143 9575
Tel: +662 141 3800, +662 141 3900
E-mail: commission@nhrc.or.th
7. Mr. Juan Somavia
Director-General
International Labour Orgnaization
4 route des Morillons
CH-1211 Genève 22
SWITZERLAND
Fax: +41.22.799.8533
Tel: +41.22.799.6026
E-mail: cabinet@ilo.org
8. Lt-Gen. (Retd.) Thein Sein
Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Fax: + 95 1 652 624
Tel: + 95 1 372 681
9. Mr. Jorge A. Bustamante
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 or migrant@ohchr.org
10. U Kyaw Tint Swe
Representative of Myanmar to the ASEAN intergovernmental
Commission on Human Rights
2300 S Street, N.W. Washington D.C. 20008
Tel: (202) 3329044, 3329045, 3329049
Fax: (202) 352-9046
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
