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THAILAND: Illegal detention and deportation of 232 Burmese migrant workers

September 6, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

7 September 2005
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UA-157-2005: THAILAND: Illegal detention and deportation of 232 Burmese migrant workers

THAILAND: Denial of migrant workers rights; Illegal detention, deportation and arrest; Assault of human rights defenders
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the forced deportation of 232 Burmese migrant workers from Daechapanich fishing net factory in the Khon Kaen province in north-east Thailand. The workers were facing severe stress due to the working conditions and therefore approached the MAP Foundation (Migrant Assistance Program) for advice, and the local Welfare Protection Office to mediate between the workers and the employer. An agreement was reached on 1 September 2005, regarding working and living conditions.

The next day, at the end of their shift, the workers returning to the living quarters and those on their way to work passed each other on the street. The local authorities, including border soldiers and police officers surrounded the workers. The workers were put in buses for deportation and deported to Burma on September 4. The following day representatives of the group crossed the border legally in order to lodge complaint documentation with the Ministry of Labour. A hired gang kidnapped the group and assaulted one of the workers. The hired gang then took the rest of the workers to Mae Sot police station where they were detained while awaiting deportation.

In light of this, we ask that you write immediately to Prime Minister Thaksin Shinawatra and the Minister of Labour seeking their intervention in this case. An investigation should be launched into why the workers were arrested in the first instance and who authorised this. The forced deportation of the workers violates Thai government policy on migrant labour since the policy on migrant workers allows workers to change employers anytime within the one year registered period. The employer, Labour Protection Office and police in Khon Kaen disregarded the legal procedure for migrant workers to change employer. Finally, disciplinary/legal action should be taken against those who authorised and those who conducted the assault on the human rights defenders who conducted the kidnapping.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

There are approximately 4,000 workers, including 500 Burmese workers at Daechapanich, a nylon fishing net factory in Khon Kaen province, Thailand. The workers worked 12 hour shifts without a break. They received only 102 Baht (US $ 2.50) per day in hand, after 28 Baht was deducted from this to cover their food and accommodation costs. They had only four days leave per month.

The workers contacted MAP Foundation for advice on the laws regarding their working conditions. They were also fearful for their security after a brawl broke out at a football match, and subsequently the security guard at the factory kept a knife with him. On September 1, the Labour Protection officer mediated between the workers and the employer. A signed agreement was made for shorter working days (ten and a half hours), an increase in wages to 140 Baht (US $ 3.50) per day, and public holidays off. The workers also requested to have a Labour Committee in the factory, but the employer refused this request.

However, the improved conditions for the Burmese workers lasted only one shift. On September 2, after the workers had finished their day shift at 5.30pm, they soon discovered that their bus to take them home was not coming. They therefore had no choice but to walk home. On their way they met up with the group of night shift workers who were on their way to start work. News quickly spread that the two groups were together and the employer presumed this to mean that they were intending on conducting a demonstration against the factory. The employer immediately contacted the police and other security agencies, calling for their assistance in this matter. When the police arrived, they proceeded to arrest first the leaders of the Burmese group, and then the remaining workers, who together totalled 232. On September 4, the workers were deported back to Burma.

The following day representatives of the group crossed the border legally to lodge a complaint about the case with the Minister of Labour. However, the group were followed by unknown persons in a vehicle who set upon the workers and kidnapped them. They then made the workers take them to a community workers centre and proceeded to assault one of the leaders. This hired gang then took the rest of the workers. The workers rights group gave details of the licence plate of the kidnapper’s car to the police who then unsuccessfully searched for the vehicle. Several hours later, the workers rang to say the hired gang had taken them to Mae Sot police station where they were now detained.

The Burmese workers at Daechapanich fishing net factory were legally registered but they entered a legal black hole the moment they were moved from Khon Kaen. They paid 3,800 Baht for their work permits, which the government issued to them. Yet they have been treated as though they are illegal and have been denied the basic human rights they are entitled to.

The action taken by the factory employer and the police, therefore, is a direct violation of migrant policy and the national labour law. The National Labour Law of Thailand protects all workers. The policy on migrant workers allows workers to change employers anytime within the one year registered period.

Background information:

This case demonstrates the ongoing problems facing migrant workers in Thailand. Burmese migrant workers are routinely underpaid and abused in Thailand without any consequences for the employers. For example, in June 2003, 420 Burmese migrant workers from King Body Concept Co. Factory were fired and deported to Burma after demanding their legal rights. The immigration office immediately sent them back to Burma without any investigation of the dispute between the factory owner and the workers, which is a violation of Thai law. (See further: UA-23-2003). A further example occurred in September 2003, when 75 Burmese workers were forced to work under inhumane conditions, including shifts of 41 hours without being provided a break. When the workers complained of such conditions, many of them were fired. (See further: UA-53-2003).

SUGGESTED ACTION:

Please write a letter to the Prime Minister and the Minister of Labour requesting them to take genuine steps to remedy this matter. Please also send copies of that letter to those persons listed below.

Suggested letter:

Dear _____________,

THAILAND: Illegal detention and deportation of 232 Burmese migrant workers

I write to voice my strong condemnation of the forced deportation of 232 Burmese migrant workers previously working for the Daechapanich fishing net factory in Khon Kaen province, north-east Thailand. Prior to their deportation, the workers had worked 12 hour shifts without a break. They received only 102 Baht per day in hand, after 28 Baht was deducted from this to cover their food and accommodation costs. They had only four days leave per month.

The workers contacted MAP Foundation for advice on the laws regarding their working conditions. They were also fearful for their security after a brawl broke out at a football match, and subsequently the security guard at the factory kept a knife with him. On September 1, the Labour Protection officer mediated between the workers and the employer. A signed agreement was made for shorter working days (ten and a half hours), an increase in wages to 140 Baht per day, and public holidays off. The workers also requested to have a Labour Committee in the factory, but the employer refused this request.

However, the improved conditions for the Burmese workers lasted only one shift. On September 2, after the workers had finished their day shift at 5.30pm, they soon discovered that their bus to take them home was not coming. They therefore had no choice but to walk home. On their way they met up with the group of night shift workers who were on their way to start work. News quickly spread that the two groups were together and the employer presumed this to mean that they were intending on conducting a demonstration against the factory. The employer immediately contacted the police and other security agencies, calling for their assistance in this matter. When the police arrived, they proceeded to arrest first the leaders of the Burmese group, and then the remaining workers, who together totalled 232. On September 4, the workers were deported back to Burma.

The following day representatives of the group crossed the border legally to lodge a complaint about the case with the Minister of Labour. However, the group were followed by unknown persons in a vehicle who set upon the workers and kidnapped them. They then made the workers take them to a community workers centre and proceeded to assault one of the leaders. This hired gang then took the rest of the workers. The workers rights group gave details of the licence plate of the kidnapper’s car to the police who then unsuccessfully searched for the vehicle. Several hours later, the workers rang to say the hired gang had taken them to Mae Sot police station where they were now detained.

I am writing therefore, seeking your immediate intervention in this case to ensure the protection and security of these Burmese workers, by reinstating their legal status (Tor Ror 38/1 and work permit). I also request that you ensure the protection and safety of those providing assistance to the workers. I urge you to set up an investigation into why the workers were arrested in the first instance and who authorised this. The arrest of the workers violates Thai government policy on migration labour, since the policy on migrant workers allows workers to change employers within the one year registered period. The employer, Labour Protection Office and the police in Khon Kaen disregarded the legal procedure for migrant workers to change employer. The forced deportation of the workers from Mae Sot again violates Thai policy. Disciplinary/legal action should be taken against those who authorised and those who conducted the kidnapping. I also request the Ministry of Labour to assist in the litigation of the exploited workers. This situation has exposed some of the challenges of the migrant labour policy regarding the restrictions on travel of migrants. I strongly urge the Thai government to consult with migrant workers and their support groups to develop an effective mechanism to implement the migrant policy on change of employer and province.

I trust that you will use your authority to intervene in this matter.

Sincerely yours,


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PLEASE SEND A LETTER TO:

1. Dr Thaksin Shinawatra
Prime Minister
Government House
Pissanulok Road, Dusit District
Bangkok 10300
THAILAND
Tel: +662 280 1404/ 3000
Fax: +662 282 8631/ 280 1589/ 629 8213
Email: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th

2. Mr. Somsak Thepsutin
Minister of Labour
Office of Ministry of Labour
Khweng Din Daeng
Bangkok 10400
THAILAND
Tel: +66 2 245 4310-4
Fax: +66 2 643 4457 or 232 1433 (for Vice Minister) or 232 1009 (for Secretary)
Website: www.mol.go.th

PLEASE SEND A COPY TO:

1. Pol. Gen. Chidchai Wanasatidya
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 2 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884

2. Mr. Pornchai Yooprayong and Mr.Suwat Sungtee
Deputy Director General
Department of Labour Protection and Welfare
Ministry of Labour
Khweng Din Daeng
Bangkok 10400
THAILAND
Fax: +66 2 245 3192
E-mail: pr_webmaster@labour.go.th

3. Professor Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th 

4. Ms. Christine Evans-Klock
Director
ILO Regional Office for East Asia (SRO-Bangkok)
United Nations Building, 10th Floor
Rajdamnern Nok Avenue, P.O. Box 2-349
Bangkok 10200
THAILAND
Tel: + 66 2 288 2219 / 288 2220
Fax: +66 2 288 3058
E-mail: bangkok@ilobkk.or.th 

5. Ms. Gabriela Rodríguez Pizarro
Special Rapporteur on the human rights of migrants
Att: Ms. Veronica Birga 
Room: 3-040
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9336
Fax: +41 22 917 9006
E-mail: urgent-action@ohchr.org

6. Mr. Doudou Diene
Special Rapporteur on contemporary forms of racism and racial discrimination
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9271
Fax: +41 22 917 9050


Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-157-2005
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.