The petition: Provincial Decrees Jeopardizing Rights of Migrant Workers in Thailand

Dear Friends,

We are a group of international human rights students from Mahidol University, Thailand. As such, we have expectations that human rights standards will be upheld in Thailand. Unfortunately, we are witnessing gross violations of the human rights of migrant workers in Thailand by Thai authorities.

In December 2006, the local government in the province of Phuket, issued the Provincial Decree on Migrant Workers from Burma, Cambodia and Lao. This move was followed by administrations in three other provinces: Ranong, Rayong and Pang-nga in early 2007. Surat Thani, Krabi and Chiang Mai provincial administrations have adopted similar practices although have not formalized them in a decree. More and more provinces are planning to impose the Decree, particularly in southern regions.

These policies and practices are racist, discriminatory and openly promote inhumane treatment of individuals residing in Thailand. We appeal to you for your support in advocating for the immediate withdrawal of the Provincial Decrees and for no further expansion of this policy into other States.

Substance and Justification of the Provincial Decrees

Under the Decrees, migrant workers are not allowed to use mobile phones, ride motorbikes, or leave the worksite at night between the hours of 8:00pm and 6:00am. Further, a ban has been placed on assemblies of more than five persons.

The premise of the Decrees is that migrant workers are troublemakers, and their presence deteriorates harmony in Thai society. Some regions have said that their proximity to the border means they must put controls on migrants. Others have said that large tourism industries means they must control migrants. No factual evidence for the risks posed by migrants or the positive impact of the Decrees is given. Indeed, the reported rate of crimes committed by migrants is below 5%. Clearly, the Decrees are populist attempts to build up scapegoating of outsiders through racism and bigotry. This should not be supported in a modern democratic society.

Rights Violated by the Provincial Decrees

These Provincial Decrees violate the following basic human rights, among others:

Right to freedom of movement and rights to health: forbidding migrants to go outside from their home/living space between 8:00pm to 6:00am is akin to arbitrary detention. It also exposes migrants to abuse if they are not allowed to leave dangerous situations without risking arrest. Even migrants who are sick will not be able to seek medical assistance during these hours or they could be arrested.

Right to freedom from discrimination: the Decrees have been applied on an absolutely discriminatory basis ¡V whether or not the person is a Thai national. This level of discrimination amounts to racism. There is no basis in law or in fact to justify such discriminatory provisions.

Right to freedom of assembly: the right to assemble is a fundamental human right set out in the Universal Declaration of human rights, and is essential for the protection of other rights, including the right to practice one¡¦s social, culture and religious practices (weddings apparently have been raided under these Decrees) and freedom of speech. The Decrees are a flagrant and open breach of every human beings rights to assemble.

Right to communicate: it is now accepted that a right to communicate to others is both a fundamental right, and also absolutely essential to protect other rights. Banning the use of mobile phones prevents individuals from communicating with families friends and with services in case of emergencies. This again leaves migrant workers far more vulnerable to abuse and exploitation with no way to seek help.

As mobile phones and motorbikes are clearly essential to the lives of many migrant workers who travel distances to work, and need to communicate with others.

Extended Effects from the Decrees

Rather than having any benefit for Thai society, the Decrees are only further increasing the vulnerability of the poor to abuse. Migrant workers are reporting that police are exploiting the Decrees by confiscating worker¡¦s phones and motorbikes and then demanding large bribes to release them. Further, migrants are forced to pay bribes to be outside after the curfew time for undertaking legitimate activities such as returning from work, visiting doctors, or attending religious and cultural ceremonies.

Please Support Our Cause

Migrant workers have been contributing to Thai society for decades and have been central to the growth of the Thai economy. Now they are being treated inhumanly by the Thai authorities. We demand the immediate withdrawal of the Decrees in all Provinces that have introduced them and the halting of plans to introduce the Decrees in other provinces. Further, we demand and end to negative stereotypes of migrant workers to the Thai majority ¡V the Thai Government must live up to its claims to be a free and fair society by promoting humanity and equality.

We call for your support for the removal of the Decrees. Your signature will be submitted to the relevant authorities. Thank you for your support!

http://www.ipetitions.com/petition/support_thai_migrant_workers/index.html