The content in this page ("Chalee Discharged from Hospital After 3 Months Treatment: Another Case Study of Migrant Work Accident System Failures in Thailand" by Human Rights and Development Foundation) is not produced by Prachatai staff. Prachatai merely provides a platform, and the opinions stated here do not necessarily reflect those of Prachatai.

Chalee Discharged from Hospital After 3 Months Treatment: Another Case Study of Migrant Work Accident System Failures in Thailand

At 11am, 18 April, the Police General Hospital in Central Bangkok will discharge Mr. Chalee Tiyu, a 28 year old migrant worker from Myanmar, who suffered severe injuries in a highly publicized work accident. Chalee has received extensive medical treatment for over 3 months for ruptured intestines and a broken left hipbone sustained in his accident. Despite good recovery, his large intestines remain outside his body and another operation is still needed.

On 9th Jan. 2011, a concrete wall collapsed and fell on Chalee Tiyu whilst he was working on a construction site at the premises of CP Retail and Marketing Company in Pathum Thani Province of Thailand. Chalee was immediately taken to Pathum Thani Hospital where he received treatment for 23 days. On 31st Jan. 2011, the hospital reported his case to the police who arrested him on a charge of illegal entry into Thailand. Chalee was then taken to the Immigration Detention Centre in Bangkok for immediate deportation to Myanmar, despite continuing to suffer severe injuries. Following demands by HRDF, on 1st Feb. 2011 Chalee was transferred to the Police General Hospital in Central Bangkok where he was then chained to his bed.

On 15th Feb. 2011, the Southern Bangkok Criminal Court ordered Chalee’s immediate release from custody and that the Immigration Bureau must compensate him 3, 000 Baht for unlawful detention as he was a legally registered migrant worker. Chalee received excellent treatment and care from the Police General Hospital. Recently the Social Security Office (SSO) ordered his employer to cover his medical expenses and pay compensation of 9, 167 Baht to him. But Chalee remains unlawfully and discriminatorily denied access to official work accident compensation from the SSO’s Workmen’s Compensation Fund (WCF).

Chalee’s case remains clear proof of the Thai Government’s (TG) continued refusal to create an effective remedial system for migrant work accident victims in Thailand. In addition, the case illustrates a stark lack of coordination amongst related government departments including the Ministry of Labour (MoL), Ministry of Public Health (MoPH), the Ministry of Social Development and Human Security (MoSDHS) and the SSO which remain unaddressed. HRDF once again makes the following demands to the TG in this regard therefore:

1.      MoSDHS should assume a role where necessary in recuperation processes for all workers suffering work accidents, including in Chalee’s case. Tomorrow Chalee will be discharged from hospital but he has no relatives to assist him. He also has no accommodation and his physical condition renders him unable to work. He has received no assistance whatsoever from related agencies in this regard.

2.      SSO should review Circular RS0711/W751 that excludes migrants from access to medical treatment expenses and compensation from the WCF. During Chalee’s ordeal, SSO refused to cover his medical expenses and denied him compensation, whilst ordering his employer to cover all costs. Burdens remain with hospitals as employer’s often refuse to respond. RS0711/W751 continues to violate ILO Convention 19 and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), both of which Thailand signed. The ILO and the UN’s Special Rapporteur on the Human Rights of Migrants have urged the TG to revoke RS0711/W751 but there has been no official response from any of the concerned authorities.

3.      MoL should provide assistance to migrants who are made unemployed as a result of work accidents, including in Chalee’s case. Chalee was dismissed from his previous work and cannot in the future undertake construction work due to his medical condition. MoL has a policy to deny assistance or rehabilitation services to non-Thai workers and in addition does not formally assist for extension of work permits of migrants in such situations. In Chalee’s case, HRDF had to assist Chalee to extend his work permit and declare itself as his employer and cover all costs in order to ensure his legal residence in Thailand.

4.      MoL and MoPH should set out clear guidelines regarding medical examinations and extension of work permits for migrants who suffer work related accidents. Though Chalee’s work permit has now been extended, his access to the national migrant health insurance scheme continues to be denied. The denial is on the basis that his bed-ridden condition made him unable to present for a medical checkup in a member hospital. HRDF requested officials to respond to this issue but have so far received no response.

Mr. Somchai Homlaor, Secretary General of HRDF, today said: ‘The case of Chalee is just one of many cases of migrant workers who suffer injuries, disabilities or deaths in work related accidents. Some of these workers are victimized by multiple abuses. Chalee’s case is another example of grave discrimination and inefficient remedial systems for migrants in Thailand suffering work accidents. The case stands a case study of obstacles for workers, both Thai and migrant, in accessing justice.’

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