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amnesty international
The Plight of Burmese Migrant Workers
“It’s better here in Thailand. You don’t have to work for other people for free”, Shan farmer who had been required to perform forced labour for the Myanmar army and was now earning 70 baht[1] a day picking corn in Thailand
I.
INTRODUCTION
Hundreds of
thousands of Burmese migrant workers are employed in various sectors of Thai
industry, including fisheries, manufacturing, domestic and construction work,
hotels and restaurants, and agriculture.
As
The material
below seeks to examine some of the key issues and problems faced by Burmese
migrant workers and their families, the Royal Thai Government (RTG) and the
employers. These include flaws in the
registration implementation process; the RTG’s obligations under international
law; and the general lack of labour rights for migrant workers in
Burmese migrant
workers make up approximately 80% of migrant workers in
Burmese migrants
in
During May and
June 2004, Amnesty International interviewed 115 Burmese nationals in seven
locations in
None of the
migrants interviewed by Amnesty International had been trafficked across the
Myanmar–Thai border, but many voluntarily paid large sums to “agents” who smuggled
them through checkpoints, often by bribing immigration officials. However
thousands of other Burmese nationals have been trafficked to
Shan, Kayin, and Bama migrant workers
interviewed by Amnesty International were generally able to cross the border on
their own, without paying a fee to an “agent”.
However members of the Mon ethnic minority in particular paid large fees
in Thai baht to smugglers who took them over the Thai-Myanmar border. The vast majority of all the interviewed
migrants did not cross the border officially. However many who came to Mae Sot,
Some of those
interviewed had registered for a work permit with the Thai authorities in
previous years, and others expressed a desire to register during the July 2004
registration. However
many of the latter group stated that they could not afford the fee of 3,800
baht in order to do so. This fee,
which covers a medical check-up and a registration card, is generally paid up
front by the employer and then deducted from migrants’ pay until the debt is
fully re-paid. A
Those migrants
interviewed by Amnesty International had left their homes in
Many of the
young people who were interviewed had come to work in
“The military
cut all my rubber plants. I felt so sad
to see this. They said they would give
compensation, but they didn’t…I really want to tell you, to spread the news…Not
only my land, many acres were confiscated, some people are worse off than I am…”.
A 29-year-old
Shan-Karen woman from Shwepitha satellite town,
In some areas
most of the young people left their villages in order to work in
The Tsunami
The
The resulting
devastation of the tsunami exposed several major problems facing Burmese
migrants in
Thousands of
Burmese migrants in tsunami-affected areas went into hiding in the aftermath of
the tsunami for fear of arrest and harassment by the Thai security forces. Indeed, reports have emerged of arrests of
some Burmese migrant workers and intimidation of those who attempted to locate
their missing families or to seek assistance.
Migrants were also generally unable or unwilling to access the Thai
public health system after the tsunami hit. On
As a member of
the United Nations,
In addition, CERD[12]
General Comment 30 on discrimination against non-citizens calls on States
parties to “Remove obstacles that prevent the enjoyment of economic, social
and cultural rights by non-citizens, notably in the areas of education,
housing, employment and health”, “Ensure that public educational institutions
are open to non-citizens and children of undocumented immigrants residing in
the territory of a State party” and “Recognize that, while States
parties may refuse to offer jobs to non-citizens without a work permit, all
individuals are entitled to the enjoyment of labour and employment rights,
including the freedom of assembly and association, once an employment
relationship has been initiated until it is terminated.”
The Royal Thai
Government has not ratified several core International Labour Organization
(ILO) Conventions, including Convention No 87, Concerning Freedom of
Association and Protection of the Right to Organise, which protects the rights
of workers to organize themselves; and Convention No 98, Concerning the
Application of the Principles of the Right to Organise and to Bargain
Collectively, which further protects trade union rights. Moreover, the
Government has not ratified other core ILO conventions, Convention 111 on
racial discrimination and sexual harassment; and Convention 138 regulating
minimum age for work.[13]
On
II. THE
REGISTRATION PROCESS
Background
Over the last several years the Royal Thai
Government adopted a series of measures to legalize the employment of migrant
workers in some sectors of the Thai economy, including agriculture, fisheries,
factory work, construction, and domestic service. However these efforts at the regularization of
migrant labour have not addressed key problems which many if not most migrant
workers face. They remain extremely vulnerable to exploitation, particularly to
extortion and physical abuse, at the hands of smugglers, employers, or the
local police. Amnesty International has
raised concerns about these issues, most recently in a November 2003 report, THAILAND: Grave Developments – Killings and Other
Abuses,[14] and in July 2002 in a
report entitled MYANMAR: Lack of
Security in Counter-Insurgency Areas,[15]
both of which examined the problems migrant workers from
In August 2001 the Royal Thai Government
established a registration system for migrant workers from neighbouring
countries; some 560,000 workers subsequently registered. In late 2002 those who originally registered
were eligible to re-register, but only 281,162[16] re-registered, although it is not known why
so few chose to do so. In August 2003
the Thai Labour Minister reported that the cabinet resolved to permit more than
400,000 previously registered migrant workers to continue working in
There were several flaws in these
registration processes, including the fact that if the migrant worker lost
his/her job, they became “illegal immigrants” after a period of seven days, and
faced arrest, a fine, and deportation. This
was particularly arduous for many migrants, as by the very nature of their
work, whether in agriculture, fisheries, garment factories, or the hospitality
industry, meant that they would only be employed on a seasonal basis.
Only the employees themselves were
permitted to register; however in practice many had brought their families with
them. Families of migrant workers were at risk of being deported back to
Registered workers are theoretically exempt
from arrest and deportation by the Thai authorities, but those found without a
registration card on their person remain vulnerable to arrest. In practice employers often retain the
workers’ registration cards and only provide them with a copy, which does not
prevent them from being arrested. Many workers have stated that employers kept
the work permit cards so that the workers could not quit their jobs. Moreover
police in areas of large concentrations of migrants from
The current registration
On
Under both the terms of the MOU with the
Myanmar Government and another official Thai Government document, entitled
Report No. 0307/2275, migrant workers are entitled by law to the same labour
rights as Thai nationals, provided they have registered their labour with the
government.[19] Under Report No.
0307/2275, migrants from
Amnesty International welcomes the
provisions by the Thai government which allows the families of migrant workers
to remain in
After a two week delay, registration of
migrant workers from
Many of the migrants
whom Amnesty International interviewed in May and June 2004, before the
registration had started, said that they did not have enough money to
register. The story a 56-year-old Shan
woman relayed is typical: “I heard
about the registration – I would like to do this but I have no money, barely
enough to eat. I can’t decide whether to stay here or not – my daughter and I
can’t work properly because we have health problems – we have to depend on our
husbands. Even if we want to return [to
The overall pattern revealed in interviews
with migrants is that those who were in more established steady work had
already registered in previous years or were planning to do so under the new
scheme. All of them said that the
employer deducted from their wages a specific amount each pay period, so the
workers in effect paid for their own registration. Those who were either employed in more casual
labour or who had recently arrived in
According to the
III. LACK OF RECOGNITION
OF LABOUR RIGHTS OF MIGRANT WORKERS
Rights in the
workplace
Trade union and
labour rights are limited for Thai workers as well as for migrant workers. Less than four percent of the Thai work force
is registered in labour unions and only 11% of industrial workers are union
members. The low overall trade union
membership is believed to arise partly because of the high proportion of Thai
workers in informal employment and in agriculture, combined with a general
unfamiliarity with the concept of industrial relations. The minimum wage for each province is set by
provincial committees and is generally not sufficient to provide an adequate
standard of living for a worker and family. [21] The legal minimum wage ranged from 133 baht
to 169 baht per day.
Migrants usually
work in the following sectors of the Thai economy: agriculture; general factory
work, particularly in the garment and fishery sectors; the construction
industry; and domestic service. Much of
this work is sporadic; agricultural workers only work at certain times of the
year and garment factory workers only work when the factory receives orders. The method of payment varies; depending on
industry sector and the individual employer, some migrants are paid according
to piecework rates, and some are paid on a daily or monthly basis. Domestic servants are generally paid by the
month and receive free room and board at their employer’s house. Factory workers are generally paid monthly
and often live in insalubrious conditions in the factory compound. Their employers normally deduct any food and
lodging from their pay checks.
Agricultural workers often stay in field huts which the owners allow
them to occupy. Those working on larger farms, such as large
fruit orchards, live in cramped compounds at the site.
Burmese migrant
workers told Amnesty International about violations of their rights at work,
resulting from a lack of recognition by the Thai government of their basic
labour rights, including mandatory long
working hours without overtime payment; being paid far less than the already
inadequate Thai minimum wage; lack of safe working and living conditions; and
inability to collectively organize themselves.
A 24-year-old Bama man from Hlegu township, Yangon Division,
described his working conditions at a wool factory where he had been employed
for two years: “I worked from 8am to
9pm, sometimes until midnight, with no overtime pay…30 of us men lived in a
hall, about 30 feet by 10 feet, sleeping side by side..”. He earned 3,000 baht per month. A 35-year-old Bama man from Yangon
Division described his working and living conditions: “I sew piecework,
my salary varies from 2,000 to 3,000 per month… [my
wife and I] share a small room for two couples, no privacy. The toilet and
the sanitation is so bad and the water is unclean…There isn’t enough water to
bathe.”
The Ministry of
Labour sets minimum wage rates for each of
A 21-year-old
Shan man told Amnesty International that he left his home in Laikha township when he was 11, after Burmese troops had driven him
and his fellow villagers out of their village, in order to forcibly relocate
them. He was subsequently separated from
his family and then fled to
One 23 year old
Mon unemployed goldsmith told Amnesty International how he was treated in
“…Thai police are a big threat to Burmese
workers. Sometimes they abuse their
power and harass us even if we have a pass [work permit].
The Burmese sometimes don’t realize their rights so they are
mistreated by police. Generally Thai
people regard us as garbage. They don’t see Burmese as helping the
economy. We are taking jobs which the
Thai won’t do. They regard us as troublemakers, never as good friends…I didn’t want to come to
Arrests,
detention and deportation
Migrant workers
are subjected to “shakedowns”[23]
and arrests by Thai police if they do not have their labour registration cards
with them, and sometimes even if they are in possession of their cards. Migrants are vulnerable to arrest by the
police if they are not registered, or, if registered, not in possession of
their registration documents. Once the focus of police
attention, migrants run the risk of being threatened with arrest in order to
extract a bribe. Some Burmese migrants reported that they did not travel
far from their homes with more than 200 baht so the police would not take all
their money. A Mon automobile mechanic
told Amnesty International that his 12-year-old daughter was stopped locally by
the police in May 2004 and when she was unable to produce a registration card,
the police threatened to arrest her unless her father paid 1,000 baht as a
bribe. This police behaviour is typical
of migrant areas, although migrants were often able to bargain with the police
to get a reduction in the bribe.
If arrested,
Burmese migrant workers are usually held in unhealthy conditions in police
lock-ups or Immigration Detention Centres.
A 20-year-old Bama-Mon man from Belugyun Island, Mon State,
described his experience of arrest and detention in June 2004 at the hands of
the Thai police: “I was arrested on
the way from Phuket…three of us came together – the Thai police took 10,000
baht and did body searches and took everything – one of my friends was kicked
for not cooperating…We spent two days in a police lockup and then 10 days in
Ranong Immigration Detention Centre...it was extremely crowded…I saw some
people who couldn’t move because they had been there for so long…they couldn’t
walk properly.”
After arrest and
detention for 24 hours or more, migrant workers are transported to the border
in extremely overcrowded trucks. For example on 20 February 2004 a group of 106
Burmese migrants and family members crammed into a truck insured for only 26
people was on the way from Thong Pha Phom to Sangklaburi, Kanchanaburi Province
when the truck skidded and crashed on a steep and winding road, killing eight
people, and seriously injuring 18 others.
Three children were among the 106 Burmese, including an eight month old
baby. The Law Society of Thailand is pursuing the case in the courts, but it is
not known if any compensation has yet been paid to the victims or the
families.
Some migrants attempt to escape if the
police raid their place of employment. Acting on reports that Burmese migrants
had allegedly killed the son of a local Thai police officer, a combined force
of Immigration and Border Patrol police raided the Vita pineapple factory in
Kanchanaburi on
Health and
education
Burmese migrant
workers generally do not choose to use the Thai public health system, whereby
people can receive medical care for 30 baht per visit.[24] Several workers interviewed by Amnesty
International said that they did not attempt to use such a scheme because they
did not believe that they would receive proper medical care, or because they
had experienced discrimination by Thai public health workers. Instead they went to private clinics and paid
a much higher fee to receive health care. One 37-year old Kayah woman described
her husband’s health problems: “My
husband is working in construction as a foreman and is registered…he has a
kidney problem – from heavy work – last year he suffered a lot – he went to a
private hospital – 30 baht program but it is not as good. He was suffering and screaming. He went to
another private hospital and finally to a Chinese herbal medical doctor so he
recovered a bit but he is still sometimes suffering. It costs a lot of money.”
Amnesty
International is further concerned that both Thai and migrant female workers
are frequently dismissed from their jobs if they become pregnant. The organization urges Thai employers not to
dismiss pregnant workers and to ensure that female workers do not face
discrimination in the workplace. Female
migrant workers often do not receive reproductive health care and so are
particularly vulnerable to unplanned pregnancies and sexually transmitted
diseases.
The Royal Thai
Government is a state party to the Convention on the Elimination of
Discrimination against Women (CEDAW) and is such is obliged not to dismiss
female workers on account of marital status; for taking maternity leave; or for
becoming pregnant (CEDAW Article 11, 2(a)).
Although Thai labour law protects against dismissal of pregnant workers
by employers, in December 2004 the Thai Labour Ministry announced that it would
deport more than 9,300 pregnant migrant workers, in order to “prevent the
problem of stateless children from worsening”.[25] According to reliable sources, in practice
both Thai and migrant workers lose their jobs if they become pregnant. In Mae Sot Burmese migrant workers have been
dismissed from their jobs and deported to
Burmese
migrant workers in garment factories
Those migrants
who worked in garment factories in particular told Amnesty International that
they were forced to work extremely long hours, and were seldom paid overtime
rates. Their working conditions were
often poor, with inadequate ventilation and water in the factories. They also
lived in very crowded conditions, whether in accommodation which the factory
owner provided or in other living areas.
Factory workers who attempted to organize into informal unions were
punished with job dismissal or arrest and deportation from
Some Burmese
migrant workers in garment factories in Mae Sot who protested about their lack
of basic labour rights were arrested and deported to
In October 2002 60
Burmese migrant workers at Nut Knitting Factory, Mae Sot were dismissed from
their jobs for protesting against receiving 77 baht per day rather than the
minimum wage of 133 baht for Tak Province. Young Chi Oo
Burmese Workers’ Association and the Migrant Assistance Program (MAP) agreed to
provide legal counselling to the migrants who wished to pursue their case. In
April 2002 they were arrested and taken to the border by immigration police.
Thirty-three of them subsequently took their grievances to Tak Province Labour
Protection Department in order to demand unpaid wages. In February 2003
this office ruled that the 33 must be paid 4,643,906 baht in total, a ruling
which the employer ignored. Under Article 151 of the Labour
Protection Act of 1998, the employer had 30 days to appeal against the verdict,
or be liable to up to one year imprisonment and/or a 20,000 baht fine. In April
2003 the Law Society of Thailand, representing the workers, took their case to
the
In December 2001 a
group of Burmese migrant workers at Nasawat garment factory, Mae Sot, began
protesting against the fact that they were only paid 50 baht per day rather
than the legal minimum wage of 133 baht, and that they had not been paid for
three months. The Young
Chi Oo Workers Association and MAP agreed to provide the workers with legal
advice. They began negotiating with the manager of the factory, and in
November 2003 finally received agreement from him about payment and a number of
complaints they had made. However he did not abide by the agreement and
the workers left the factory compound where they had been living, taking refuge
in a local Buddhist temple.
On
Amnesty
International calls on the Thai Government to ensure that migrant workers who
are negotiating for their rights are not punished by means of harassment,
arrest, or deportation. Moreover the
organization urges the Thai government to require employers to honour court
settlements and that court settlements are enforced.
Burmese
migrants in other industry sectors
Burmese migrants
typically work in several other industry sectors, including agriculture,
fisheries, day labour, and domestic work.
They face common problems in their working lives, including payment of
well under minimum wage; unsafe and unclean working and living conditions;
vulnerability to harassment, arrest, and deportation at the hands of the Thai
police; and lack of access to education and medical care comparable to that
which Thai workers receive.
Tens of
thousands of Burmese migrant workers are employed in Thai agriculture,
including in fruit orchards, or in rice, onion, and chili fields. They often live in simple huts in their
employer’s fields, although those working in very large farms and orchards may
live in dormitories on site. They are
paid from 50 to 100 baht per day, and like the fishing industry, the work is
seasonal depending on the crop. In
general migrant workers are not provided with any protection against pesticides
which they must spray on crops or otherwise handle. As is the case with other Burmese migrants,
they sometimes come alone or with their spouse, leaving their children
behind. Others bring their children, who
generally do not receive any form of education or proper public health
care. Agricultural labourers often
cannot afford to register officially.
Registration is further complicated by the seasonal nature of their
work.
Another large
category of Burmese migrant workers is found in the fishing industry. Amnesty
International interviewed several Burmese migrant workers employed on fishing
boats or in fish-processing factories in two locations in
Burmese
migrant workers, usually male, also work as day labourers, usually in the
construction business, or doing odd jobs at a private house.
They are paid from 50 to 100 baht per day, but are not necessarily
employed every day, making it difficult for them to earn a living. Migrants
employed on a daily basis often cannot afford to register with the Thai
Government, and also have no regular employer who could facilitate the
process. A 22-year-old Karen man from
Many female
Burmese migrants live in private homes, cleaning and taking care of children
for Thai or foreign nationals. They are
usually paid a monthly rate, and receive room and board. Several of the female migrants whom Amnesty
International interviewed began such work when they were still minors. One Mon
woman began working in
However, not all
female domestic workers were treated as well; several told Amnesty International
that they were forced to work extremely long hours and were not permitted to
take any time off from their duties. Other female Burmese domestic workers have
been subjected to beatings and other forms of physical abuse at the hands of
their employers. In a particularly disturbing case 17 year old Karen female
domestic worker from
Summary of
concerns
Amnesty
International is concerned about the overall lack of basic labour rights for
migrant workers, including the rights to organize and to bargain
collectively. Amnesty International
calls on employers to pay all workers at least the legal minimum wage according
to provincial law, and for the Thai Government to adequately enforce these
minimum rates, including through prosecution where appropriate. The Thai Government should also increase the
legal minimum wage rates for all provinces, to a level such that all workers
are able to enjoy an adequate standard of living according to the International
Covenant on Economic, Social and Cultural Rights, IESCR, Article 7(a)(i), to
which it is a State Party. The organization also urges the Thai Government to
ensure reasonable limitation of working hours with adequate opportunity for
rest, in accordance with its obligations under ICESCR Article 7(d). All workplaces should be safe, healthy, and
hygienic, which includes an adequate supply of safe and potable water and basic
sanitation in accordance with ICESCR articles 7(b) and 12(2)(b).[29]
Amnesty
International calls on the government to ensure that migrant workers are
protected from harassment and extortion carried out by the Royal Thai police,
and to ensure that the fundamental human rights of all migrant workers are
respected during routine document checks by local police authorities. Migrants should not be subjected to arbitrary
arrest or detention, and conditions of detention for all migrants must comply
with UN Standard Minimum Rules for the Treatment of Prisoners, and should under
no circumstances amount to cruel, inhuman or degrading treatment or
punishment. The organization also urges
the Immigration Police and other relevant government authorities to ensure that
the decision to expel a migrant from Thai territory is examined and decided
individually, and that each migrant has the effective opportunity to appeal the
decision. During deportation, the authorities must ensure that the human rights
of migrants are respected, such that they are able to return in safety and
dignity, with full respect for their human rights. Burmese migrants who express a fear of
persecution if they were to be returned to
IV. ABUSES
AGAINST HUMAN RIGHTS DEFENDERS/LABOUR ACTIVISTS
Both Thai and
Burmese human rights defenders who assist Burmese migrant workers in claiming
their rights from their employers have been subjected to intimidation,
harassment, and anonymous death threats. This is particularly true in the Mae
Sot area,
In May and June
2004 Amnesty International interviewed several human rights defenders who said
that they were able to maintain good relationships in the community as long as
they only provided social, educational, and medical services to the
migrants. If they attempted to educate
workers or help them win their labour rights, they were frequently subjected to
harassment, surveillance, and attacks.
Moreover, local authorities warned them against organizing pro-democracy
events, for example a ceremony marking Daw Aung San Suu Kyi’s birthday.[30]
In December 2003
two leaders of the Young Chi Oo Workers Association in Mae Sot,
The Tak Labour
Office had awarded the Nasawat workers 15 million baht back pay in April 2004.
In May of that year a Danish national who was volunteering at Young Chi Oo was
attacked by a man with a knife around
In another case
of abuse against a labour activist, A Salam, a 19-year-old Muslim Thai national
of
A Salam is
currently free on bail after paying 40,000 baht and spending one night in the
local Mae Sot police station lockup. He
has reportedly been charged with working illegally in
In the days
following the December 2004 tsunami, several Burmese and Thai exile
non-governmental organizations joined together to help migrants in the six
southwestern provinces. They began to
conduct surveys among the survivors; to locate missing people; to provide basic
aid; and to liaise between the workers, the employers, and the Thai
authorities. They also helped migrants
who wished to return to
However, these
human rights defenders themselves faced human rights abuses. On
Amnesty
International calls on the Royal Thai Government to take effective action and
measures to ensure that state officials at every level of the state apparatus,
including law enforcement officials, respect the legitimacy of the work of
human rights defenders and allow them to carry out this work safely and without
interference or harassment. The
government should also publicly acknowledge the legitimacy of the work of human
rights defenders. Finally, Amnesty International renews its calls to the
government to publicly condemn each abuse in the strongest possible terms. The government must also initiate prompt,
independent, impartial, and effective investigations into allegations of violations
or abuses against human rights defenders; make the results of any
investigations public; and bring the suspected perpetrators to justice in
proceedings which meet international standards of fair trials.
V. CONCLUSION
AND RECOMMENDATIONS
Amnesty
International welcomes the initiatives which the Royal Thai Government has
taken to regularize migrant labour within its borders. However it remains concerned that labour
protection measures, such as payment of a minimum wage; protection from
arbitrary arrest, detention, and deportation; and opportunities for migrants to
seek asylum are not enforced by the government.
Moreover, working and living conditions for migrant workers and members
of their families fall far short of international standards. Employers, local police, and smugglers often
exploit migrant workers, taking advantage of the fact that some workers are
unregistered. Moreover it is extremely
costly and difficult for migrants to register their labour, which is compounded
by the fact that they must employed before they attempt to do so. As explained above, many of them only work
seasonally making it even more difficult for them to register with the
government.
Amnesty
International calls on the Royal Thai Government to:
1. Comply with
its obligations under the International Covenant on Economic, Social and
Cultural Rights, in particular article 7, under which it is obliged to ensure
that no one, including migrant workers is denied their right to:
(i) Ensure that
fair wages and equal remuneration for work of equal value without distinction
of any kind are paid;
(ii) Ensure safe
and healthy working conditions;
(iii) Ensure
rest, leisure and reasonable limitation of working hours.
2. Comply with its obligations under the
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), in ensuring that women who marry, become pregnant, or take maternity
leave are not dismissed from their employment, under Article 11 (2) (a); nor
deported.
3. Ratify all
eight core International Labour Organization (ILO)
Conventions as a means of protecting both Thai and migrant workers. These are: Convention No 87, Concerning
Freedom of Association and Protection of the Right to Organise, which protects
the rights of workers to organize themselves; and Convention No 98, Concerning
the Application of the Principles of the Right to Organise and to Bargain
Collectively, which further protects trade union rights. Ratify two other core ILO conventions,
Convention 111 on racial discrimination and sexual harassment; and Convention
138 regulating minimum age for work.
Ratify ILO Convention No. 97 on Migration for Employment (Revised)
(1949) and No. 143 on Migrant Workers (Supplementary Provisions) (1975).
4. Ratify the
United Nations (UN) International Convention on the Protection of Rights of All
Migrant Workers and Members of Their Families.
5. Take measures
to ensure that arrests and deportations by the police and immigration officials
are conducted with due respect of human rights and the rule of law. Ensure that all migrant workers and members
of their families, whether registered or not, are not arbitrarily arrested and
detained by local police.
6. Ensure that
those migrant workers who peacefully demand labour rights are not punished for
doing so, including by arresting and deporting them.
7. Ensure that those migrants who express fear
of persecution if returned to Myanmar have full access to a fair and
satisfactory procedure to determine their refugee status; ensure that no one is
returned to a country where s/he is at risk of torture and other forms of
ill-treatment and that all those seeking asylum have full access to the UN High
Commissioner for Refugees (UNHCR).
8. Ensure that conditions in police lock-ups and
immigration detention centres are consistent with the UN Standard Minimum Rules
for the Treatment of Prisoners, including access to adequate food, water, and
medical attention, and that independent monitors,
including UNHCR, are provided access to all places of detention where migrants
are held. Adequate detention conditions
should be provided at all times including prior to and during any expulsion
process, particularly with regard to transport.
9. Comply with
its obligations under the Convention on the Rights of the Child, in particular
to ensure that all migrant children, whether registered or unregistered, have
effective access to their right to free and accessible primary education.
Ensure also that all migrant children are registered at birth, and that all
possible rights-respecting measures are taken to prevent situations of
statelessness.
[1] 40 Thai baht equals approximately one US dollar.
[2] In 1994 the Thai authorities began to register migrant workers but
only in some border areas; in 1996 the authorities began to register migrant
workers in other areas of
[3] This estimate comprises both unregistered and registered migrant workers from Myanmar in Thailand. However it is almost impossible to estimate the number of unregistered migrant workers because they do not make themselves known to the Thai authorities.
[4] Migrant workers are not only persons who have moved voluntarily in search of economic opportunities, but also comprise asylum-seekers and refugees who are engaged in remunerated activities in their host countries. See Amnesty International, International Labour Organization: Amnesty International’s concerns relevant to the 92nd International Labour Conference, 1 – 17 June 2004 (AI Index IOR 42/008/2004).
[5] Bama is the Myanmar language word for Burmese; in June 1989 the Myanmar government changed the name of the country from Burma to Myanmar and also changed all place names to the Bama language.
[6] Article 3 of the UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children, (the Trafficking
Protocol), supplementary to the UN Convention against Transnational Organized
Crime defines trafficking as “a)
Trafficking in persons shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or
other forms of coercion, of abduction, of fraud, of deception, of the abuse of
power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over
another person, for the purpose of exploitation. Exploitation shall include, at
a minimum, the exploitation of the prostitution of others or other forms of
sexual exploitation, forced labour or services, slavery or practices similar to
slavery, servitude or the removal of organs".
[7] At least three prisoners of conscience in Myanmar have been sentenced under this provision for returning “illegally” to Myanmar.
[8] Myanmar law provides for three categories of citizenship.
[9] Kunhing township is a counter-insurgency area where the Shan armed opposition group the Shan State Army-South operates.
[10] The Nation, 6 May 2005.
[11] The tsunami also adversely affected the livelihoods of Thai nationals in the fishing industry, many of whose boats and fishing nets were destroyed. Assistance from the government has reached these areas, but a network of Thai non-governmental organizations has stated that this relief is not sufficient to restore Thai fisher folks’ livelihoods, and so have been providing additional assistance. Moreover Thais working in the tourist industry, including hotel and restaurant employees, also lost their jobs when their places of employment were destroyed. Tourism is one of the largest industries in the tsunami-affected area, where hundreds of thousand of tourists visit the beaches and islands in the region every year. Finally thousands of Thais – whatever their jobs – living in these six provinces have had their homes destroyed or badly damaged by the tsunami.
[12] Thailand is a state party to both the International Covenant on Economic, Social and Cultural Rights Covenant (ICESCR) and the Covenant on the Elimination of Racial Discrimination ( ICERD).
[13] The ILO has designated eight Conventions as Core.
[14] November 2003, AI Index ASA 39/008/2003. pages 22 - 28.
[15] July 2002, AI Index ASA 16/007/2002,
pages 37- 43.
[16] Bangkok Post, 9
September 2002. This number also includes workers from Cambodia and Laos.
[17] Bangkok Post, 20
August 2003
[18] The full title of the document is: Memorandum of Understanding between the Government of the Kingdom of Thailand and the Government of the Union of Myanmar on Cooperation in the Employment of Workers. The Thai Government also has Memoranda of Understanding with the Lao and Cambodian governments about migrant workers.
[19] Amnesty International has obtained Report No. 0307/2275 from the Thai Ministry of Labour to the United Nations. The information above is based on an unofficial translation which the organization commissioned from an independent translator.
[20] According to TNA, Bangkok, May 10 2005, the validity of the work permits was extended from 30 June 2005 to 30 June 2006.
[21] Tim De Meyer, an International Labour Organization (ILO)
specialist, as quoted in The Bangkok Post, 7 June 2004.
[22] For a full discussion see THAILAND: Grave Developments – Killings and Other Abuses, AI Index ASA 39/008/2003, pages 22 – 28.
[23] Local police routinely stop Burmese migrant workers and extort money from them, threatening them with arrest and deportation if they do not hand over their cash.
[24] The 30 baht health care scheme is part of Prime Minister Thaksin’s populist platform, and is believed to be popular with many Thai people. However, having said that, some Thai people have expressed concern about how the scheme is financed.
[25] 15 December 2004, Xinhua General News Service, a publication of the Government of the Peoples’ Republic of China.
[26] For a full discussion see pages 26 – 28 of THAILAND: Grave Developments – Killings and Other Abuses, Amnesty International November 2003, and AI Index ASA 39/008/2003.
[27] Burmese migrant workers frequently return to Thailand after being deported across the border or dropped by immigration officials on the border.
[28] Xinhua General News Service May 4, 2005.
[29] See UN Committee on ESCR, General Comment No 14, The right to health, para 15.
[30] Daw Aung San Suu Kyi is the leader of the opposition National League for Democracy (NLD) in Myanmar and has been under house arrest since May 2003. 19 June 2005 is her 60th birthday.
[31] Please see above for a description of the Nasawat Garment Factory case.
[32] The Irrawaddy on line, a regional magazine, 7 January 2004.
[33] The Irrawaddy, 14 July 2004.