On 5 June 2007 at the office of the National Human Rights Commission in Bangkok, a seminar on "Migrant Workers and the Problems that Need to be Tackled" was organized by the Subcommittee on Labor Rights, National Human Rights Commission, Subcommittee on Ethnic Rights, Stateless People, Migrant Workers and Migrants of the Law Society of Thailand (LST), Cultural Weaving Foundation, Thai Action Committee on Burma (TACDB), Fight Against Child Exploitation (FACE), International Rescue Committee (IRC), Labor Rights Promotion Network (LPN), and Center for AIDS Rights (CAR).

On the topic "Regulations on Migrant Workers: For national security or curbing migrant workers' rights?", CAR's Director, Ms. Supatra Nakapew said that citing the need to control unrest in the three deep Southern provinces, the Internal Security Operations Command (ISOC) has asked for cooperation to control migrant workers. In December 2006, the provincial authority in Phuket has subsequently issued a written ordinance for the control of migrant workers, followed by the authorities in Ranong and Rayong in February 2007. The regulations are obviously aimed at workers from Burma, Laos and Cambodia despite that Thailand hosts workers from various countries including Vietnam, India, England, France, the Netherlands, etc. That the regulations are applicable only to workers from certain countries is blatant discrimination.

In effect, the three regulations similarly bar "aliens" from staying outside their residences during night time, i.e., between 20.00-06.00 for Phuket, 22.00-06.00 for Ranong and 21.00-06.00 for Rayong. Since it took effect, migrant workers have been too afraid to give alms to monks in early morning. Should they get till, they have to wait until dawn to go see doctor. This "house arrest" is tantamount to imprisonment or abrogation of one's rights to move and has caused many problems in their daily life.

In addition, gathering of more than five people is prohibited due to concerns that their getting together may result in the rise of crimes or cause damage to properties or harm others. Lately, the Rayong provincial authority even bans gatherings for religious or cultural purposes. To discuss in group on pertinent issues such as health and disease control is also disallowed.

Migrant workers are not allowed to use mobile phone as well. Should they need to use it, their employers have to make up a logging of mobile phone users and called numbers and submit it to the provincial authority. In Rayong, the ordinance states clearly that mobile phone use is not allowed for migrant workers as its effectiveness in sending instant news is construed as a threat to national security.

Ms. Supatra calls on concerned authorities to repeal all these ordinances and policies that infringe on the rights of migrant workers and are discriminatory. Instead, efforts should be made on enforcing laws that guarantee due labor rights and that all migrant workers should be allowed to participate at all level in the determination of policies that may affect themselves.

In addition, the state shall endeavor to forge good understanding and eradicate any fears or ethno-phobia.

An Ideal Policy for Migrant Workers

In the afternoon, the seminar "An Ideal Policy for Migrant Workers" was moderated by Mr. Surapong Kongchanthuek, from Law Society of Thailand

Migrant workers are neither "aliens"* nor "other people"

Assoc Prof Lae Dilokwittayarat from the Faculty of Economics, Chulalongkorn University said that traditionally, state authorities use the term "aliens" for migrant workers. In other word, they are treated as "other people" who do not belong to us. Probably by hinging on this notion, the authorities have failed to provide due protection for migrant workers.

The state is too concerned with national security whereas the business sector has no other choices but to rely on migrant workers who are really indispensable for security of the economy and, of course, the nation. But being treated as "aliens", they have been deprived of bargaining power and many intrinsic rights including the rights to speak their own languages, and legal protection. They are not free to change their jobs or their employers.

Lacking bargaining power is a major issue and it has resulted in many setbacks including a lack of protection, unfair wages, discrimination, etc. Concerning labor relations laws, migrant workers are not allowed to form unions.

Most importantly, thousands of descendants of the migrant workers have been born here and grown up without nationality. Their vulnerable status has made them victims of exploitation by low ranking state officers, even though they live their life just like other Thai people.

"Even though there are certain policies to solve this problem, but there has not been effective enforcement" said Assoc Prof Lae. "How can we treat migrant workers different from ‘aliens from other planets' or ‘other people'?".

When the natural rights are curbed for the interests of the majority

Mr. Wasant Sathorn, Director of Bureau of Alien Workers, Ministry of Labor said that Thai laws are up to the standard practiced in USA or Japan. In his opinions, the problems stem from us holding on to different angles toward the problems. Anyway, he reiterates that issues of migrant workers are not solely responsible by the Ministry of Labor, but the National Security Council as well.

He admits to not having a complete understanding regarding the rights, but generally, as he understands there are two kinds of rights including natural rights and legal rights. But given the importance of laws, natural rights have to be dodged for the sake of majority. Then, we cannot say that right violation has happened.

Concerning the call for participation of migrant workers in determining relevant laws and policies, he retorted "We have to see if there is any country in the world that allows Thai persons living abroad to determine their policies. Of course, the Ministry of Labor is willing to intake opinions, but they have to be screened first."

"When Thai workers abroad are exploited, they are left at their own devices, and no state authorities come into their rescue. But of course, we won't obstruct those NGOs which want to provide help to these migrant workers" said Mr. Wasant.

"If you ask me whether or not the three ordinances (to control migrant workers) are discriminatory, I would say there are workers who enter the country legally and there are those who violate the laws. Shall we treat those with legal status similar to those without? Given the current laws, we need to control those who have made illegal entry. To buy a mobile phone you usually need to produce an ID card, and to drive cars you need to have a driving license, too" said further Mr. Wasant.

Mr. Surapong elaborated the issues that migrant workers can legally purchase and own movable properties. The driving license is issued by the Land Transportation Department. In certain areas such as in Chiang Kong district, Chiang Rai or Maehongson, temporary residents are allowed to apply for driving licenses which can be used in certain zones specified by the state.

Migrant workers: The main driving force for Thai economy

Mr. Sawit Kaewwan, Vice Secretary of the Confederation of State Enterprise Unions said that in the past, there were no problems with migrant workers; they could get in and out easily. But nowadays, just utter the word and you face difficulty in interpreting the laws. "In my opinion, they are also human beings and thus they should be entitled to indiscriminatory protection".

"Can we shut them out? Probably, no. They are very essential driving forces that move forward the economy. Don't we accept that? Anyway, the state tends to look at them as national threat, whereas we fellow workers treat them as our friends, though the employers may simply want to prey on them for their wealth."

As for legal enforcement, migrant workers are discriminated against as they are not allowed to form or join any unions. Due to forms of employment that varies in areas, their wages are staggeringly different.

Ms. Rakawin Leechanavanichpan said the crux of the matter in migrant labor issues is the attitude. According to an ABAC poll conducted last year in 11 provinces, 47% of the respondents agreed that both Thai and migrant workers should enjoy equal rights. Roughly speaking, migrant labor contributes to 2% of the national GDP worth over several billions baht. Also, 75% of their income is spent domestically, as they find it difficult to send money back home.

Given this immense contribution by migrant workers to Thai society, we simply ignore them and even disgust them. Some employers may have a tad bit better attitudes toward them such as those having migrant workers in households. "Probably because of our strong nationalism, Thai people tend to have problems accepting incoming foreigners" said Ms. Rakawin.

Mr. Charuwat Kayyoonwan from TACDB said that parties negotiating on migrant labor issues tend to stick to different reasons. NGOs often have different logic from the state. For example, last December, he along with the Committee for Thai Workers' Solidarity met with Minister of Labor. One of the demands laid out to him was for migrant workers to be allowed to form their own unions. Afterward, the Permanent Secretary gave an interview to a newspaper that this demand is not possible due to national security concern. What will happen if the migrant workers hold a strike and that may affect the Thai economy? Of course, Mr. Charuwat feels the migrant workers deserve to have this right.

Long-term solution for peaceful assimilation

Mr. Worawit Charoenlert, a lecturer from the Faculty of Economics, Chiang Mai University concludes by saying that Thai economy still has to rely on migrant labor. Does Thai society understand this? The registration of migrant workers is a short-term solution. With the economic recession partly due to the coup, many migrant workers have been pushed back.

We tend to look at the problem from a short-term point of view. Growing diversity of ethnicity in the country is inevitable. There will be more people coming to live here; therefore, the solutions should be explored with a long term vision geared toward enhancing peaceful coexistence. In addition, the laws have to be adapted in light of changing situations and the varying forms of employment such as fishery work outside Thai territory. Many of the legal instruments are too outdated and simply pave the way for exploitation.

Class and ethnic issues must be considered to identify solutions. In a long run, we have to make it clear what kind of sustainable economy we are heading to; how to improve the standards of workers to meet demands in the future where ASEAN will become a borderless region just like the European Community.

Some initial proposals

To wrap up the seminar, Mr. Adisorn Kerdmongkhol said that management of migrant labor in Thailand still focuses on how to deal with labor scarcity and lots of emphasis has been placed on national security. This leaves a lot of migrant workers without any human rights and labor rights protection due to their having no proper status. In general, having no access to information concerning protection makes migrant workers vulnerable to discriminating attitude, policy and practice.

Initially, we need to put more attempts on forging a new paradigm on health and social security which should be enhanced along with appropriate management of illegal migrant workers. The Alien Worker Management Committee should be structurally changed by annexing to it a subcommittee to address social and health impact. One of the priorities for the subcommittee is to help recruit and train Alien Village Health Volunteers who speak the same languages and can reach out to migrant communities.

To enhance labor right protection, a subcommittee for the protection of migrant workers' rights should be set up to ensure legal enforcement. Regulations that make possible the unfair discharge of migrant workers and rights violation have to be amended. During the investigation and trial of labor dispute, concerned migrant workers should be granted the rights to stay in the country temporarily. Also, rules against the assembly of migrant workers such as labor unions should be abolished. The Ministerial Regulation No. 10 issued under the virtue of the Labor Protection Act should be amended to provide for protection of workers engaged in fishery business outside the Thai territory longer than one year.

The registration of migrant workers has to be redesigned to suit the realities. For example, it should be made possible for employers to register their migrant employees year round to make it appropriate with the seasonal nature of the labor. A master plan for migrant labor management should be drawn up with participation from all concerned parties. Also, migrant workers should be allowed to have their say in the determination of policy at all level.

The Provincial Ordinances for migrant labor control should be repealed since some of their provisions are detrimental to human rights. Any policy or regulations that may affect human and labor rights of migrant workers have to be deliberated carefully. The cabinet resolution dated 22 May 2007 that only allows children of the migrant workers to have temporary rights to stay in the country should be made more flexible to also allow others who migrate here along with the workers. Last but not least, good understanding toward migrant workers has to be forged to alleviate fears, hatred or any ethno-phobia. The immense contribution of migrant labor toward Thai society and economy must be duly acknowledged.

Translator's note: The term "alien" or "Tang Dao" is officially used for foreign citizens living in Thailand. In Thai, however, the term with a slight deviation can be pronounced as "aliens" meaning "those coming from other planets".

Translated by Pipob Udomittipong