[AHRC Forwarded Statement] THAILAND: Thailand's Threatened Migrant…ld Be Counter Productive and Lead to Gross Human Rights Violations

22.06.10 17:13

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We wish to share with you the following statement
from the Human Rights and Development Foundation
(HRDF). HRDF has urged the government of Thailand
to halt gross violations of human rights by way of a
new agency whose mandate is to crackdown on
migrant workers.

Asian Human Rights Commission

Hong Kong

-------------
FOR IMMEDIATE RELEASE
AHRC-FST-048-2010
June 22, 2010

A Statement from the Human Rights and Development

Foundation (HRDF) forwarded by the Asian Human
Rights Commission

THAILAND: Thailand's Threatened

Migrant Worker Crackdown Would Be
Counter Productive and Lead to Gross
Human Rights Violations
(Friday 18th June 2010) On 2nd June 2010, Thailand's
Prime Minister Abhisit Vejjajiva issued an order setting
up a Special Centre to Suppress, Arrest and Prosecute
Alien Workers Who Are Working Underground. This
centre will manage a crackdown against unregistered
migrants in Thailand, most of whom are from Burma.
Five Regional Working Groups will implement the
crackdown by pooling strength of police, army, navy
and other government officials. The order states the
targets of the crackdown are approximately 300,000
migrants who failed to enter a Nationality Verification
(NV) migrant registration process by February 28th
2010. An estimated 1 million plus unregistered
migrants who are working in Thailand but were
ineligible for NV will also likely become targets of this
crackdown.

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[AHRC Forwarded Statement] THAILAND: Thailand's Threatened Migrant…ld Be Counter Productive and Lead to Gross Human Rights Violations 22.06.10 17:13

The Human Rights and Development Foundation

(HRDF) strongly cautions the Royal Thai Government
(RTG) against implementing this migrant crackdown
policy as it could lead to gross human rights violations
affecting more than a million highly vulnerable
migrants, especially those from Burma's ethnic
minorities. Experience shows migrant crackdowns lead
to an increase in arrest, detention and extortion of
migrants by corrupt government officials, as well as
violence and even death in the ensuing chaos. This
particular crackdown policy is premature, makes no
sense economically and is unlikely to strengthen
Thailand’s national security.

HRDF publically calls on the UN Special Rapporteur on

the Human Rights of Migrants to urgently seek
clarifications from the RTG on how this migrant
crackdown policy would respect Thailand's international
human rights obligations, particularly as a newly
elected member of the UN's Human Rights Council.
HRDF consider this policy a very disappointing start to
Thailand's membership of this important UN body,
particularly given the Government's specific
membership pledges in May 2010 to protect the rights
of minority and migrant groups.

Background
In 2009, over 80% of registered migrants in Thailand
(or 1.1 million persons) were from Burma. They face
ethnic and political conflict as well as continuing
economic desperation in their homeland, which is
controlled by a military government. In 2003, Thailand
and Burma agreed to a NV process in which registered
Burmese migrants who left Burma "illegally" and
entered Thailand "illegally" would return to Burma to
verify their nationality. These migrants would then be
issued temporary passports enabling them to return to
work "legally" in Thailand. RTG set a deadline of 28th
February 2010 for registered migrants to enter NV,
after which it ordered no future migrant worker
registrations renewals. Unregistered migrants were
ordered to leave Thailand or be arrested and deported.

- Around 90,000 Burmese have so far completed NV

- Around 800,000 Burmese applied for NV and have
until 28th February 2012 to complete the process
- Around 300,000 eligible Burmese missed the 28th
February 2010 NV deadline and are now unregistered
- An estimated 1 million plus Burmese were excluded
from NV and remain unregistered
- Thailand's economy continues to be dependent on
an estimated 2-3 million unskilled migrants

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RTG’s NV policy, however well-intentioned as part of

commendable efforts to regularise its growing migrant
labour force, has been implemented with no genuine
consideration for human rights. Instead, threats of
mass deportation have been highly visible, only
registered migrants are eligible for the scheme,
unregulated brokers continue to charge exorbitant fees
and government led public awareness efforts have been
weak. Burmese migrants violated Burmese government
law by leaving their country illegally but are being
pressured during the NV process to submit their
biographical information to Burma’s military
government. This naturally continues to cause deep
angst amongst migrant communities fearing retaliation
by the Burmese government against them and their
families.

On 18th February 2010, the UN’s Special Rapporteur on

the Human Rights of Migrants issued a public
statement expressing strong concerns about Thailand's
NV policy and urged restraint regarding threatened
deportation of large numbers of migrants back to
neighbouring countries, particularly Burma, after the
28th February 2010 deadline.

Migrant workers in Thailand work in the most

dangerous and lowest paid jobs, contributing 6 to 7
percent of Thailand's GDP and making up 5 to 10
percent of its workforce. Despite this, Thailand
continues to lack a long-term strategy for managing
migration effectively. Presumed nationality security
concerns and short term economic imperatives are
prioritised over respect for migrant’s human rights. In
national security terms, threatened crackdowns against
migrants are to be expected, but in economic terms, if
genuinely implemented would lead to extensive labour
shortages in Thailand’s booming economy.

RTG stated this new migrant crackdown policy is

intended to remove all migrants refusing to enter into
or who were ineligible for NV from the country so as to
regularise its migrant labour force by allowing only two
categories of migrants to work here in the future: (1)
Migrants who "illegally" entered Thailand but have or
will soon complete NV to become "legal"; and (2) Fresh
migrants who will "soon" be brought in from
neighbouring countries “legally”.

However, this crackdown is worryingly premature as no

evidence shows systems in place to bring fresh
migrants in from Burma to replace an estimated 1 to
1.4 million migrants who are currently unregistered,
cannot now enter NV and are being threatened with

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[AHRC Forwarded Statement] THAILAND: Thailand's Threatened Migrant…ld Be Counter Productive and Lead to Gross Human Rights Violations 22.06.10 17:13

deportation. In addition, future government to

government labour export/import systems, utilising
unregulated brokers and managed by a Burmese junta
that continues to be complicit in forced labour, would
require monitoring systems set up to protect against
human rights violations that are not yet in place.

Recommendations to the RTG

HRDF hereby makes the following recommendations to
the RTG:

1. RTG should urgently revoke its crackdown policy on

unregistered migrant workers in light of its international
human rights obligations and as a newly elected
member of the UN Human Rights Council

2. RTG should urgently open a new registration process

to allow an estimated 1 to 1.4. million currently
unregistered migrants working in Thailand to register
and enter the NV process

3. The Ministry of Labour (MoL) should carefully re-

consider how it can achieve its goal of encouraging
formal labour imports into Thailand from neighbouring
countries in the future in a way that upholds migrants’
fundamental human rights and prevents gross
economic and other kinds of exploitation

4. MoL should urgently regulate services by existing

brokers assisting migrants and employers with NV
given that regulation of these brokers remains
ineffective and fees remain too high

5. RTG should start interactive discussion to find

permanent solutions for migrants who cannot complete
NV

6. RTG should start interactive discussion on how to

sustainably manage all aspects of migration in the
country in a balanced way that promotes both
Thailand’s sustainable development and respects the
human rights of migrants. This interactive dialogue
should lead to a long term Migration Strategy Plan for
Thailand.

HRDF believe the above actions would enable the RTG

to manage its irregular migration challenges in ways
that respect the human rights of all migrants in
Thailand whilst in no way negatively impacting on
RTG’s economic and nationality security concerns. In
contrast, a policy to crackdown on migrants serves only
to harm Thailand's economy, which remains heavily
reliant on migrant labour, as well as Thailand's
international human rights reputation. More

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[AHRC Forwarded Statement] THAILAND: Thailand's Threatened Migrant…ld Be Counter Productive and Lead to Gross Human Rights Violations 22.06.10 17:13

importantly, experience shows crackdowns mean

migrants fall victim to gross exploitation as they are
forced underground and corruption prospers. In the
long term, Thailand's nationality security is thereby
reduced.

Please see the Order of the Prime Minister’s

Office No.125/2553, Establishment of a Special
Centre to Supress, Arrest and Prosecute Alien Workers
Who Are Working Underground (Here)

For further comments on this statement, please

contact:
- Mr. Somchai Homlaor (HRDF's Secretary General):
+66 818 995476 (Thai/English)
- Mr. Andy Hall (Consultant to HRDF): +66 846
119209 (English/Thai)
- Mr. Hseng Htay (HRDF’s Migrant Justice
Programme): +66 830 139736 (Burmese/Thai)

Thank you.
HRDF's Migrant Justice Programme

# # #

About AHRC: The Asian Human Rights Commission is

a regional non-governmental organisation monitoring
and lobbying human rights issues in Asia. The Hong
Kong-based group was founded in 1984. The above
statement has only been forwarded by the AHRC.

Posted on 2010-06-22
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