The content in this page ("Statement on Thai Government’s Remarks and Pledge to Enhance Human Rights Protections for Migrant Workers" 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.

Statement on Thai Government’s Remarks and Pledge to Enhance Human Rights Protections for Migrant Workers

"Moving toward Thailand’s pledge to enhance human rights protections for migrant workers, HRDF urges the Thai Government to consider becoming state party to the Convention on the Promotion and Protection of Rights of Migrant Workers and Members of their Family. To truly uphold the human rights of migrant workers on the ground as pledged, the TG must review domestic practices and policies relating to migrant rights protections, which are in conflict with the TG’s international obligations and recognized standards.”

The Universal Periodic Review (UPR) of Thailand was held in Geneva October 5th – 7th 2011, during the 12th Session of the UPR Working Group (WG). During the UPR, Thailand’s human rights record was under review by the WG comprised of 47 member-states of the Human Rights Council, with open discussion among other UN member states. As result of Thailand’s review, 52 delegations delivered their statements and 7 delegations sent their advanced questions. Thailand was given 172 recommendations of which Thailand has accepted 100.  The 72 remanding recommendations will be further examined in consultation with civil society. The response to the remaining recommendations will be provided by no later than the 19th Session of the Human Rights Council, scheduled for March of 2012.

HRDF welcomes following pledges made by the TG relating to labour rights and the rights of migrant workers:

- Thailand will become a signatory to the ILO Convention No. 87 concerning Freedom of Association and Protection of the Right to Organize

- Thailand will become a signatory to the ILO Convention No. 98 concerning the Right to Organize and Collective Bargaining

- Thailand will issue a standing invitation to all the special procedures of the Human Rights Council

- Thailand will enhance human rights protections for migrant workers

- Thailand will redouble efforts to prevent human trafficking specially through enhancing the labor inspection system

With appreciation to the TG for the recent positive developments, HRDF would like to reiterate the real situation of migrant workers on the ground and clarify some points as a response to the TG’s remarks pertaining to migrant workers. We hope the TG will consider these points for further improvement of its laws, policies and practices so to be more aligned with Thailand’s international human rights obligations. The points are as follows:

1.   In its concluding remarks the TG claimed that “social protection systems and social security [is available] for all workers, both Thais and registered migrant workers” as well as that “employers of migrant workers have the option to buy private insurance or [will] pay full compensation to migrant workers in accordance with the law.” It should be clarified that in fact, over 1 million migrant workers who are legally registered in Thailand are still systematically denied access to the Workmen’s Compensation Fund in cases of work-related accidents or illnesses.  This is due to the internal regulations of social security offices, as in circular RS 0711/W751 which requires that migrant workers present their ‘migrant passport’ although registered migrant workers do not possess this document unless they have been through the National Verification (NV) process.  These sorts of requirements preclude migrants’ eligibility to receive adequate compensation in cases of work-related injuries. Furthermore, these internal regulations violate the TG’s obligation under ILO Convention No. 19, which calls for the Equality of Treatment under Work Accident Compensation as well as the International Convention on the Elimination of All Forms of Racial Discrimination. The TG’s recent private insurance scheme has stressed continued discriminatory exclusion of migrant workers from equal access to work accident compensation.  There is no clear regulation on enforcement measures and currently, the scheme is voluntary for employers. This provides no guarantees for migrant workers that they will receive equal compensation in case of work-related illnesses or accidents.

2.   In its opening statement and concluding remarks, the TG states that “Thais and registered migrant workers, in cases of illness, injury, disability, death and retirement, without any distinction to migrant workers who have obtained work permits through the NV process, are entitled to the same rights, benefits and protections as their Thai counterparts. This includes the Social Security scheme, which provides compensation to migrant workers for work-related accidents and illnesses”. However, it needs to be pointed out that non-implementation and failure to enforce that migrant workers get registered by their employers to the social security funds has resulted in less than 20% migrant workers registered to this fund (from over 500,000 registered NV migrants) leaving most migrant workers vulnerable and without health insurance[1].

3.   Regarding the Nationality Verification  process and the TG’s remark on the arrangement of a “one-stop service center in certain provinces” to make the NV process less complicated, less time consuming and more cost-effective. HRDF appreciates the positive developments concerning the NV Process, however, HRDF has found that the one-stop service center has been set up in Ranong Province only and despite having such a center, migrant workers were still unable to apply for the NV process on their own through the official channels. Instead, migrants were sent to deal with private brokers who charge exorbitant fees for the unregulated services they provide to the migrant workers, which further leaves migrant workers in peril. The NV process has been an open opportunity for the exploitation of migrants given the vast, unregulated NV brokerage network. Thai government is strongly urged to better regulate the NV process so that it is indeed “less complicated, less time-consuming and more cost-effective” for migrant workers.

4.   Regarding TG’s concluding remarks that “migrants who are unregistered and with children, are still provided with basic health care at hospitals on the basis of humanitarian cause.” It is unclear if this service is free of charge or how it can be accessed. According to HRDF staff members who work directly with the migrant workers, this is not the case. In rare instances the employer will pay for some medicines, however, migrant workers who go to hospitals for injuries must pay full price for treatment if they are unregistered. In practice, such subsidies are not made available to them.  It is also unclear how this system of “available healthcare” differs from the “healthcare subsidies” allegedly provided by the TG for people without status.

5.   During the UPR, the TG affirmed that “civil mechanisms are available to assist migrant workers facing mistreatment, including the Human Rights Commission and the Lawyers Council of Thailand,” and that financial assistance for expenses incurred during the judicial process could be covered by the Ministry of Justice. However, migrant workers can rarely access such services due to the vulnerability of their status as migrant workers. Furthermore, language barriers often render them powerless. Migrants are also unaware of such services and often times, when the migrants are victims of mistreatment by their employers, these in turn confiscate the migrants identification documents or threaten to terminate their employment.  Without employment, migrants are not allowed to stay in Thailand and can be arrested and deport at anytime. In cases involving victims of crime or trafficking, migrant workers are scared to report these incidents to the police for fear of being arrested or deported. 

The UPR has proved to be a constructive space for dialogue, both in the domestic and international platform, as well as an effective process in the promotion and protection of human rights. Thailand has shown spirit and positive developments in recognizing human rights of migrant workers and their contributions to the country’s economic development. To further uphold Thailand’s pledge to enhance human rights protections for migrant workers and to move forward with the implementation of the recommendations provided at the UPR, HRDF urges the TG to consider one very important remaining recommendation, that of becoming a state party to the Convention on the Promotion and Protection of Rights of Migrant Workers and Members of Their Family. In order to demonstrate its commitment to this view and truly uphold the human rights of migrant workers as pledged, HRDF urges the TG to review domestic practices and policies relating to the protection of migrant rights, which are in conflict with the TG’s international obligations and recognized standards. We encourage interactive consultation with civil society and stakeholders in order to ensure concrete review and implementation.

Human Rights and Development Foundation (HRDF) have submitted report to the UPR in May and issue update briefing in earlier October 2011, both document can be access at http://www.hrdfoundation.org.

Since 2007, Prachatai English has been covering underreported issues in Thailand, especially about democratization and human rights, despite the risk and pressure from the law and the authorities. However, with only 2 full-time reporters and increasing annual operating costs, keeping our work going is a challenge. Your support will ensure we stay a professional media source and be able to expand our team to meet the challenges and deliver timely and in-depth reporting.

• Simple steps to support Prachatai English

1. Bank transfer to account “โครงการหนังสือพิมพ์อินเทอร์เน็ต ประชาไท” or “Prachatai Online Newspaper” 091-0-21689-4, Krungthai Bank

2. Or, Transfer money via Paypal, to e-mail address: [email protected], please leave a comment on the transaction as “For Prachatai English”