FORWARDED APPEAL (Thailand): Requesting Urgent Inquiry into Nationality Verification Process for Burmese Migrants 16.09.

09 14:02

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FORWARDED APPEAL (Thailand): Requesting Urgent Inquiry

into Nationality Verification Process for Burmese Migrants
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16 September 2009
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THAILAND: Requesting Urgent Inquiry into Nationality Verification Process for Burmese
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ISSUES: Arbitrary detention; rule of law; freedom of expression
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The Asian Human Rights Commission (AHRC) wishes to forward on an appeal from the
State Enterprise Workers Relations Confederation (SERC), the Human Rights and
Development Foundation (HRDF) and the Thai Labour Solidarity Committee (TLSC),
regarding disturbing developments in the process to verify the nationality of Burmese
migrant workers. We join the concern for the safety of Burmese migrant communities in
Thailand, now this process has commenced, and are disturbed by what appears to be
another wave of exploitation affecting them.

For more information please contact the Human Rights and Development Foundation
111 Suthisarnwinichi Rd., Samsennok, Huaykwang, Bangkok 10320
Tel: (+662) 693 4939, 693 4831 Fax: (+662) 275 3954
Email: migrantjustice@hrdfoundation.org

Thank You
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

---------------

A Urgent Appeal from the State Enterprise Workers Relations Confederation (SERC), the
Human Rights and Development Foundation (HRDF) and the Thai Labour Solidarity Committee
(TLSC) forwarded by the Asian Human Rights Commission (AHRC)

16th September, 2009

Mr. Jorge. Bustamante

Special Rapporteur on the Human Rights of Migrants,
Office of the High Commissioner for Human Rights, United Nations,
8-14 Avenue de la Paix,
1211 Geneva 10,
Switzerland

Re: Requesting Urgent Inquiry into Nationality Verification Process for Burmese Migrants
in Thailand

Dear Mr. Jorge Bustamante,

The State Enterprise Workers Relations Confederation (SERC) is a national confederation of

43 state enterprise unions in Thailand representing over 170,000 registered members and
affiliated to the International Trade Union Confederation (ITUC). The Human Rights and

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FORWARDED APPEAL (Thailand): Requesting Urgent Inquiry into Nationality Verification Process for Burmese Migrants 16.09.09 14:02

Development Foundation (HRDF) is a registered foundation working to strengthen standards on

human rights, democracy and peace in Thailand. The Thai Labour Solidarity Committee (TLSC)
is a committee consisting of 24 labour federations, unions and NGOs campaigning on labour
issues in Thailand.

By means of this joint letter, SERC, HRDF and TLSC wish to bring to your attention disturbing
developments in Thailand regarding nationality verification of Burmese migrant workers. As a
result of the commencement of this process, we fear for the safety of Burmese migrant
communities in Thailand and are disturbed at what appears to be another wave of exploitation
affecting them.

There are an estimated three million migrant workers currently in Thailand, the majority from
Burma. More Burmese continue to enter illegally every day, leaving economic malaise in their
homeland to search for work in a Thai economy heavily reliant on their cheap labour. Burmese
migrants’ ‘illegal’ entry into Thailand results from difficulties experienced by the Royal Thai
Government (RTG) and the Burmese military junta in agreeing on formal labour movement
systems for these much needed workers.

Since the 1990s, the RTG has annually held 30-day registration periods for ‘illegal’ migrants to
register and receive an amnesty to work in Thailand ‘legally’ for one year, pending deportation.
This process has been costly for migrants, bureaucratic for employers and reliant on
exploitative and unregulated brokerage systems. As HRDF, TLSC and Human Rights Watch
previously brought to your attention in written submissions in March and June of this year, as
well as in a statement issued following your report to the UN Human Rights Council on 2nd
June 2009 in Geneva, migrants with ‘legal’ permission to work in Thailand are still, in practice,
denied basic rights like work accident compensation and freedom of movement, on the basis of
their ‘illegal’ entry.

In 2004, the RTG and the Burmese military junta signed a Memorandum of Understanding
providing for nationality verification of ‘illegal’ Burmese migrants already working in Thailand so
that they could become ‘legal.’ The process was not implemented as Burma’s junta insisted
nationality verification take place in Burma, whilst the RTG insisted it should take place in
Thailand. The stalemate continued until late 2008 when the RTG finally agreed to allow
nationality verification to take place in the three main Burmese border towns of Kawthaung,
Myawaddy and Tachileik.

The RTG announced in late 2008 that no migrants would remain ‘illegally’ in Thailand after 28th
February 2010. A final 30-day amnesty for unregistered migrants was allowed in July 2009
during which 1 million migrants registered. RTG then announced all registered Burmese
migrants in Thailand must undertake nationality verification by means of a complex 13-stage
process involving Thai employment offices, the Burmese Embassy in Thailand, the Ministry of
Foreign Affairs in Burma and Thailand, and National Verification and Processing Centres in
three border crossings in both Burma and Thailand. According to the RTG, all registered
Burmese migrants in Thailand have until Feb 28th 2010 to complete nationality verification or
face deportation.

News about commencement of nationality verification has circulated since early 2009, but in
the past weeks it has clearly begun. Tour buses carrying migrants to border processing centres
are leaving main migrant population centres in Thailand and migrants are then crossing borders
to Burma and returning at varying costs with temporary Burmese passports and visas.
Information is spreading in migrant communities on these processes but the RTG has not yet
conducted public relations campaigns with migrants, NGOs or labour organisations. The only
information publically disseminated is from the Burmese government about ‘low cost’ processes
on their side of the border. However, private brokers are springing up in Thailand and providing
answers and services at unreasonably high costs.

The nationality verification process seems two-track. Migrants can either submit their
biographical information to brokers to get nationality verified and obtain a passport within
months, or submit this information formally to employment offices and receive a slow response.
The formal government costs are low (approx. 600 to 2,100 baht/US- 60) but broker fees are
unregulated and getting higher (starting costs approx. 7,500 baht/US0). In Samut Sakorn

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FORWARDED APPEAL (Thailand): Requesting Urgent Inquiry into Nationality Verification Process for Burmese Migrants 16.09.09 14:02

Province, with the largest Burmese migrant population in Thailand, recently officials announced
the use of ‘recommended’ brokers in nationality verification processes was necessary to cope
with the large number of migrants involved and to speed things up.

Certain ethnic groups, especially Shan, are increasingly fearful of providing personal information
as rumors of negative effects on their families surface once this information reaches the
Burmese junta. Rumors are spreading that Burma intends to catch political activists through the
process, and Muslims are excluded. Many migrant workers are paying brokers only to report
they disappear without providing services.

As stated above, SERC, HRDF and TLSC are increasingly concerned as a result of these
developments. We fear for the safety of Burmese migrant communities in Thailand and are
disturbed at what appears to be another wave of exploitation affecting them. We are aware that
managing migration is a difficult task for any government, and one on which the RTG has tried
to succeed. However, for the past decade the RTG’s migrant registration process has been
inflexible and costly, failed to meet migrant and employers’ needs, and led to an increase in
corruption and exploitative broker services. The implementation of the process has been
piecemeal and proceeded with little awareness of migrant communities or the public.

Nationality verification, which we view as a positive yet sensitive issue, is beginning at

additional costs to migrants, and just weeks after a previous registration period ended and
migrants endured high costs related to this. There has again been little information provided by
the RTG on the processes, especially to migrants. Today SERC, HRDF and TLSC therefore
call on you, as the UN Special Rapporteur on Human Rights of Migrants, to urgently set up an
inquiry into the commencement of this nationality verification process.

We shall also send a request to the RTG to take into account the following recommendations
to improve the nationality verification process and reduce potential exploitation of migrants:

1. The RTG should urge the Burmese military junta to set up nationality verification centres in
Thailand. This would avoid unnecessarily high costs for the process being borne by migrants,
increase their safety, speed up the process and importantly reduce unnecessary use of
brokers;

2. The Ministry of Labour (MoL) and related government ministries should urgently start an
awareness raising campaign to help Burmese migrants understand nationality verification
processes, as well as the benefits which will accrue once the process is complete. Awareness
raising should be planned and carried out in liaison with Burmese authorities, in all Burmese
ethnic languages for migrants, and in Thai for employers;

3. MoL is aware migrants have just completed 2009-10 registration, often at a cost of 6 - 7,000
baht per person. Work permits issued expire after 8 months on 28th Feb 2010, instead of the
usual 12 months. All measures by MoL and employers to reduce financial burdens on migrants
during nationality verification, and thereby reduce risks of debt bondage, should be
implemented;

4. If brokers are required in the nationality verification process, they should be regulated by the
RTG to reduce the high possibility of exploitation of migrants. Otherwise, it is likely some
brokers will overcharge, whilst others will be bogus. At worst, migrants using unregulated
brokers to head to border centres creates a high risk situation of smuggling or even trafficking
in persons, especially for women and children. RTG has international obligations to prevent
trafficking in persons by all means possible;

5. The RTG should ease fears amongst migrant communities by organising for NGOs and
unions working with migrants to be trained on nationality verification processes and taken to
visit nationality verification centres so that they can then disseminate their experiences to
migrant communities;

6. The RTG date of 28th February 2010 for completion of nationality verification is unrealistic
and deeply troubling for migrant communities, who fear they will deported before they can
complete the process. The RTG should ease community angst on this issue and be realistic

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FORWARDED APPEAL (Thailand): Requesting Urgent Inquiry into Nationality Verification Process for Burmese Migrants 16.09.09 14:02

with its deadlines;

7. Given the time that will be taken to complete nationality verification for the 2 million Burmese
migrants currently in Thailand, the RTG should ensure those who have yet to complete the
process are entitled equally to all the rights as those who have completed the process.

As UN Special Rapporteur for the Human Rights of Migrants, we also urgently request you to
enter into correspondence with the RTG relating to this process of nationality verification for
Burmese migrants in Thailand. We hope this through this correspondence the UN and related
government agencies, such as the International Labour Organisation and the International
Organisation for Migration, as well as Thai trade unions and Thai NGOs and civil society, can
be provided the opportunity to support the RTG to ensure nationality verification of Burmese
migrant workers in Thailand proceeds at least cost to the migrants themselves, with increased
safety, and with careful attention paid to ensuring possibilities of exploitation resulting from the
process are quickly detected and neutralized.

Should you require further information, please do not hesitate to contact us.

Yours Respectfully,

Mr. Sawit Keawan

(General Secretary: The State Enterprise Workers Relations Confederation)

Mr. Somchai Homlaor

(Secretary General: The Human Rights and Development Foundation)

Ms. Wiliawan Saetia

(President: The Thai Labour Solidarity Committee)

CC:
Mr. Homayoun Alizadeh – Regional Representative, Office of the High Commissioner for
Human Rights (Regional Office South East Asia)

Contact Information:
Human Rights and Development Foundation
111 Suthisarnwinichi Rd., Samsennok, Huaykwang, Bangkok 10320
Tel: (+662) 693 4939, 693 4831 Fax: (+662) 275 3954
Email: migrantjustice@hrdfoundation.org

Posted on 2009-09-16
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