Appendix II: Letter to Prime Minister Abhisit Vejjajiva from Human Rights Watch

January 29, 2010

H.E. Abhisit Vejjajiva

Prime Minister

Royal Thai Government

Government House Pitsanulok Road, Dusit Bangkok 10300 Thailand

Dear Prime Minister Abhisit,

Human Rights Watch is preparing a report regarding the situation of migrant workers from Burma, Cambodia, and Laos who are living and working in Thailand. Our report explores restrictions placed on the rights of migrants in law and policy, violence perpetrated against migrants by both state and non-state actors, forced labor and trafficking of migrants, extortion of migrants by state officials, and violations of labor rights.

We are writing to ensure that our report properly reflects the views, policies, and practices of the Royal Thai Government regarding treatment of migrant workers in Thailand.

Human Rights Watch is committed to producing material that is well informed and objective. We hope you or your staff will respond to the attached questions so that your views are accurately reflected in our reporting. In order for us to take your answers into account in our forthcoming report, we would appreciate a written response by February 13, 2010.

Please do not hesitate to include any other materials, statistics, laws or policies, or information on government actions regarding migrant workers from Burma, Cambodia, and Laos in Thailand that you think might be relevant.

Thank you in advance for your time in addressing these urgent matters.

Sincerely,

 

Brad Adams

Director, Asia division

cc:

H.E. Kasit Piromya, Minister of Foreign Affairs

H.E. Chaovarat Chanweerakul, Minister of Interior

H.E. Phaitoon Kaeothong, Minister of Labor

Pol. Gen. Patheep Tanprasert, Acting National Police Chief

 

Questions

Provincial decrees:

1.)    What is the current policy of the Thai government towards the provincial government decrees adopted in 2006 and 2007 in Phuket, Phang Nga, Surat Thani, Rayong, and Ranong[233] that establish restrictions on the rights of migrant workers, including night-time curfews, limitations on assembly, restrictions on movement, prohibitions on ownership of mobile phones, and bans on use on driving motor vehicles?

• Are these decrees still in effect?
• Does the Thai government have any plans to revoke or alter these decrees?

2.)   What is the Thai government’s policy response to the conclusions of the National Human Rights Commission of Thailand’s (NHRCT) in case 404/2551 on “Human Rights: The Case of the Provinces Issuing Provincial Decrees that Violate the Rights of Migrant Workers”?

• In that decision, the NHRCT found that “the decrees contravene article 30 [of the 2007 Thai Constitution] which provides ‘All persons shall be equal before the law and shall enjoy equal protection under it....Unjust discrimination against a person on grounds of difference in origin, race, language, sex, age, physical conditions or health, economic or social status....shall not be permitted.’” The NHRCT also determined that bans on use of mobile phones in the decrees violate article 36 of the Constitution where it is stated that, “A person shall enjoy the liberty to communicate with one another by lawful means.” Finally, the NHRCT ruled the curfews and restrictions on gatherings of more than five migrants are contrary to article 63 of the Constitution, which states: “A person shall enjoy the liberty of peaceful and unarmed assembly.”

3.)    What is the legal status of orders issued by Samut Sakhon Governor Wirayuth Euamampa in memorandum no. SK 0017.2/Wor 3634 to the provincial Department of Employment and employers on October 26, 2007 and no. SK 0017.2/Wor 13723 to the provincial Department of Employment and employers November 28, 2007?

• These orders found that migrant workers should not be allowed to hold cultural events or activities and required employers to maintain strict controls over their migrant workers or face legal punishment. What is the policy of the Thai government regarding these orders?

Migrant registration and nationality verification:

1.)    The Thai government has publicly stated that all registered migrant workers from Burma, Cambodia, and Laos who do not apply to enter the nationality verification system before February 28, 2010 will be subject to immediate deportation.

• On what date will this deportation operation begin?
• Has the Thai government issued orders or guidelines to Thai police, immigration officers, and other relevant state officials on how to conduct this operation in a way that respects the human rights of migrant workers?
• Can you please provide Human Rights Watch with the details of these instructions?
• Has the Thai government developed a monitoring plan to effectively ensure violations of human rights do not occur during this deportation operation?

2.)   What is the policy of the Thai government regarding employment for migrant workers in Thailand, such as ethnic Rohingya from Burma, who are not likely to receive nationality verification from the Burmese government?

3.)    What is the policy of the Thai government regarding deportation from Thailand of stateless persons?

Abuses against migrant workers:

1.)    What actions are being taken by the Thai government to prevent beatings, sexual harassment, and other human rights abuses against migrants in detention?

• What is the Thai government doing to hold accountable officials who are responsible for such abuses?

2.)   What actions are being taken by the Thai government to prevent bribe-taking and other forms of extortion by law enforcement, immigration, and other officials in their dealings with migrants?

• What is the Thai government doing to hold accountable officials who are responsible for such abuses?

3.)    What actions are being taken by the Thai government to prosecute crimes committed against migrant workers?

• When the victim of a crime is a migrant, what principles must Thai police abide by during the investigation, evidence collection and analysis, and enforcement against criminal suspects?

4.)   What legal and other measures has the Thai government established to prevent the practice of employers seizing and holding the original identity documents (such as migrant worker ID cards and passports) of migrant workers?

• Can the Thai government provided statistics on the number of cases where legal action has been taken against employers for seizing and holding the original identity documents of migrant workers?

5.)    In a speech that you made during the global launch of the UNDP Human Development Report 2009 held at the Vithes Samosorn room at the Ministry of Foreign Affairs, on October 5, 2009 you stated, “It is our Government’s policy to ensure that migrants can enjoy their freedom and social welfare in Thailand while their human rights are duly respected...migrant workers, regardless of their legal status, can seek justice in Thailand’s court system for any violent abuses to which they have been subjected, and which are covered by these laws.”

• What concrete steps has the Thai government taken to inform migrant workers of these rights, provide free legal assistance for migrant workers wishing to file complaints, provide interpretation/translation assistance for migrants who cannot speak or read Thai, and ensure migrant workers do not face retaliation from state officials and non-state actors named as defendants in legal cases?

6.)   Is the Thai government aware of allegations of possible collusion between immigration officials in Mae Sot to provide information on deportees to brokers connected with the Democratic Karen Buddhist Army (DKBA) in Burma?

• Human Rights Watch has learned that migrant workers who are deported to DKBA controlled territory in Burma face extortion demands by brokers and/or DKBA soldiers and migrants who cannot pay ransom are physically abused, forced to labor in Burma, or sold to human traffickers in Thailand. Therefore, what is the justification for deporting migrant workers to areas directly under the control of the DKBA?

7.)    Why does the Thai government continue to deny non-Thai nationals the right to establish labor unions and the right to serve as executive committee members of a legally registered union?

• Does the Thai government plan to amend discriminatory provisions in article 88 and 100 of the Labor Relations Act of 1975?

8.)   What is the legal justification behind the policy denying driver’s licenses to migrant workers from Burma, Cambodia and Laos?

• Does the Thai government plan to revise this policy to grant migrant workers the right to apply for and receive a driver’s license?

International human rights treaties and standards:

1.)    Does the Thai government intend to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime?

2.)   Does the Thai government intend to ratify ILO Conventions 87 (Freedom of Association) and 98 (Right to Organize and Collectively Bargain)? If so, what is the concrete timetable for these ratifications?

3.)    Does the Thai government intend to ratify the International Convention on the Protection of All Migrant Workers and Members of Their Families?

• If so, when will the Thai government make this ratification?
• If not, why not?

4.)   Thailand ratified the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) in 2003, and its first report to the Committee on the Elimination of Racial Discrimination was due five years ago, in 2004. What is the timetable for the Thai government to submit its required report?