Migrant laborers in Thailand
How to end often dehumanising work conditions?
By Jon Fernquest[Introduction|Vocabulary|Article]
[Reading Questions|Answers]
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Famous singers and movies stars become celebrities or personalities.
Well-known journalists and university professors sometimes become public intellectuals.
The public is fascinated with the lives of rock star celebrities like Madonna and Bono and what they have to say about important issues and tragic places like Darfur and poor countries in Africa.
Even so, public intellectuals who specialise in these issues are better prepared to think, analyse, and discuss these issues.
Today's article is about the plight of poor migrant workers from Thailand's neighboring countries (Burma, Laos, Cambodia).
Sanitsuda Ekachai, the author of the article, is not only an editor at the Bangkok Post, she is also a public intellectual.
Over a period of several years she has been an outspoken advocate and champion of various disadvantaged and overlooked groups in Thailand, ranging from hill tribes (Karen, Akha, Lahu, Lisu, Palaung...) to poor Thai farmers.
In addition to writing regular editorials in the Bangkok Post, she has also written books and articles for academic journals.
Most social problems seem to lurk in the background out of the view of everyday news, perhaps simply because powerful people are involved, so it is dangerous and difficult to get information about what is really going on.
Even if you do get the information, confronting powerful people like the police in print through the vehicle of a mass-circulation newspaper like the Bangkok Post takes some guts. Sanitsuda has them.
For further reading, read an essay on public intellectuals from MIT.
For a long list that ranks public intellectuals after taking a poll check out this article.
Read an op-ed piece in the LA Times by economist William Easterly on the excessive public influence of celebrities on economic development issues. (Source: Economist's View)
Reading Questions
Here are some questions to guide your reading (See answers at end):1. What kind of work did the migrant worker Soe Moe and his fellow workers do?
2. What happened to Soe Moe and his co-workers?
(Summarise the story in a few sentences)
3. What actions of the fishing boat owner at least look like violations of laws? (Even if: 1. there aren't actually any laws that cover the morally culpable behaviour, or 2. there are laws, but the law is never enforced)
4. Why did the Thai government claim that it had no jurisdiction in the case?
5. What problems do you think might have led to provincial authorities in Phuket, Ranong, Phangnga and Surat barring migrant workers from using mobile phones, motorcycles and from leaving home at night? Should such restrictions apply to everyone, if only a few are at fault? (Brainstorm, Express your opinion)
6. What methods do some employers used to avoid paying wages to migrant workers? Do you think these methods are fair? What should be done about them? (Express your opinion)
7. What happens to the status of a migrant worker when they lose their job for some reason? Is this fair? (Express your opinion)
8. What can make a migrant worker vulnerable to police extortion even if they are legally working in Thailand?
9. What kind of rights do workers in Thailand have that migrant workers often don't have?
10. How do immigration laws and their enforcement make it difficult for migrant workers to demand things they have a legal right to get?
11. What excuses do government officials make for not taking action against the abuse of migrant workers?
Bangkok Post Article July 05, 2007
HIDDEN SURVIVORS
The plight of migrant workers is going from bad to worse, with more restrictions placed on their movements and cultural activities
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When the fleet returned to Samut Sakhon in July last year, 39 of them had died at sea from severe malnutrition.
According to the survivors, after toiling on the trawlers with only a few hours sleep each day, they were ordered to anchor in the open sea for more than three months in 2006, because the fleet's fishing permit with Indonesia had expired.
During the wait for paperwork, the fleet owner did not supply them with food or fresh water. By the time the crew were ordered to return, a large number of them were already suffering from fatigue, breathing problems, swollen bodies and vomiting - all symptoms of severe malnutrition.
Two were buried on an island. The other 37 died on the way back to Thailand; their bodies were simply dumped at sea.
Back ashore, the haggard survivors faced another rude awakening.
The fleet owner refused to pay them, and the authorities refused to investigate the deaths. Even the alleged negligence of the fleet's owners, and the false registration of the migrant crew as Thai nationals, was not questioned.
Labour officials refused to accept the crew's complaints about back wages and compensation for the families of the dead. The excuse: The law does not protect crews on trawlers that operate outside the country for more than one year.
Such state apathy to the horrific exploitation of migrant workers is the norm, rather than an exception, said human rights activist and researcher Adisorn Kerdmongkol. It was no surprise, therefore, that the provincial authorities in Phuket, Ranong, Phangnga and Surat Thani did not view new measures, barring migrant workers from using mobile phones, motorcycles and from leaving their shelters at night, as gross violations of human rights.
"These regulations are the latest in a string of worrying signs that the situation for migrant workers in Thailand is going from bad to worse," Adisorn noted.
Last year saw several crackdowns on migrant workers' cultural gatherings that show the authorities' lack of religious and cultural sensitivity. A New Year celebration for the ethnic Karen community in Nakhon Pathom was raided; participants arrested and deported. The police said such a big gathering of migrant workers posed a threat to national security.
The same reason was cited for the crackdown on a religious ceremony held by a group of ethnic Shan migrant workers in Chiang Mai, to mark the end of Buddhist Lent. Even private wedding ceremonies were raided, causing fear and frustration in migrant worker communities, who are simply told that the law bars gatherings of more than five people.
"All this ugliness stems from the prevailing view in our society that migrant workers are potential criminals and are a threat to national security," explained Adisorn.
Mounting violence in the predominantly Muslim deep South has also increased suspicion of Muslim migrant workers. The ethnic Muslim Rohinyas who fled persecution in Burma, for example, are viewed as potential instigators of violence and are treated as such.
"Many of us were deported to face torture and death back home," lamented Jakhir Hassain, a Rohinya and a pro-democracy student activist.
This tightening of control occurs while the horrific exploitation of migrant workers continues unabated.
"Workers from Burma, Laos and Cambodia still suffer from slave-like conditions," said Adisorn.
Apart from being overworked and underpaid, many are often cheated by employers, who eventually fire or even kill them to avoid paying wages.
According to the law, registered workers immediately become illegal aliens subject to deportation once they lose their jobs unless they find a new employer within a week, and with the previous employer's consent.
Such a law puts migrant workers under the total subjugation of their employers, who still routinely confiscate their registration cards, making them easy targets for police extortion.
The fear of being fired and deported also makes workers hesitant to demand minimum wages, better working conditions or the return of their registration cards, Adisorn said.
Furthermore, the law does not allow migrant workers to set up labour unions. Those who dare to protest are immediately fired, arrested or deported.
Female migrant workers are particularly vulnerable to sexual abuse and rape. "There are no indications that their situation is improving," said Adisorn.
It is estimated that there are close to two or three million migrant workers in Thailand. The majority are from ethnic groups who have fled harsh poverty and persecution in Burma. The remainder are from Laos and Cambodia.
From the 1.2 million migrant workers seeking registration in 2004, the number dropped to a mere 660,000 last year.
Lack of benefits is believed to be the reason why most migrant workers remain underground.
While migrant workers must pay 3,800 baht for registration, this does not protect them from police extortion because the cards are confiscated by their employers.
The legal status does not allow them to travel freely out of their restricted zones, either. They also benefit little from state health services because of language problems and the lack of interpreters at hospitals.
Meanwhile, the routine health examination for female migrant workers when applying for registration often costs them their jobs if they are found to be pregnant.
There have also been complaints of cheating, said human rights activist Nassir Achwarin. Many workers pay the registration fees in instalments to their employers, who keep the money for themselves, and give the workers false cards.
Taking cheating or abusive employers to court is almost impossible. The police generally ignore the workers' complaints, even in criminal cases, thus encouraging employers to treat migrant workers as they please.
The lack of interpreters, lengthy judicial procedures and treating migrant workers in employment disputes as illegal aliens who must be deported, have also discouraged them from demanding their rights, explained Adisorn.
The recent orders barring migrant workers from using mobile phones, motorcycles and leaving their homes at night "is treating them like prisoners", charged right activist Supatra Nakapiew.
Consequently, many sick workers are too scared to visit doctors at night. Without mobile phones, domestic workers cannot get help if they are physically abused or raped. "The order is impractical and it simply increases police extortion. It must be revoked," Supatra added.
But judging from a senior labour official's response at a recent seminar on policies on migrant labour, there is little chance such a demand will be heard.
"Our policy is no different than other countries," said Wasant Sathorn, director of the Bureau of Alien Workers, Labour Ministry, saying Thai migrant workers also face problems overseas.
"We have to accept that some individual rights must be sacrificed for the common good," he said, explaining why he does not think it is discriminatory to bar illegal aliens from using mobile phones or staying in restricted areas.
A recent interview by the Immigration Bureau Chief Lt Pol Gen Boonruang Polpanich echoes the race-based ultra-nationalism found in mainstream Thai society, which explains why migrant workers get a raw deal.
"The Burmese have already occupied several communities in Samut Sakhon," he said, likening the situation to a war.
"In Sangkhla Buri, Kanchanaburi province, a community near Wat Wangwiwekkaram used to be a Thai village of some 200 households. Now, it is occupied by 20,000 Mons," he fumed.
"Some 5,000 have already received Thai citizenship," he said. "Had the Burmese sent its people to stand in elections, they would surely win. Everyone is afraid of openly saying that we are going to lose our sovereignty."
The rising number of migrant workers in Thailand is a national security threat, he stressed.
"And the most dangerous are those who have grouped together to demand all sorts of rights."
Such deep prejudice has been nurtured by the teaching of national history that makes Thais view neighbouring countries, particularly the Burmese, as enemies.
Although it is only right to give migrant workers legal rights and to reduce labour abuse by focusing on human traffickers and abusive employers, rights advocates admit the chances are slim when mainstream society still treats migrant workers as sub-human, if not job thieves and carriers of contagious diseases.
"The problem can ease if we accept the fact that migrant workers are an important part of our economy, and that they are as human as we are," said Sawit Kaewwan of the Confederation of State Enterprise Unions. "But this is not happening because of our prejudices."
Vocabulary (in discussion above)
an intellectual - someone who spends a lot of time studying and thinking about complicated ideas (See Wikipedia)
a public intellectual - an intellectual with a large public audience, addressing issues of general concern (for example, Chomsky or Sartre)
a celebrity - a popular and famous movie star, singer, or sports star
a personality - a famous person in entertainment or sport
the plight of - the difficult situation of
take some guts - requires courage and bravery
migrant workers - someone who regularly works away from their home, or place of origin (See Wikipedia on migrant workers and foreign workers)
tightens its grip on - increase control of
appalling - shockingly bad
an ethnic Mon - a member of the Mon ethnic group concentrated now in the Moulmein area south of that Burmese capital of Yangon (See Wikipedia on Mon)
deep-sea trawlers - boats for fishing far out at sea
malnutrition - bad health from an improper or insufficient diet (See Wikpedia)
toiling - working very hard
paperwork - the routine writing of letters, reports, and records in a job
haggard - looking very tired and not healthy
alleged - claimed but not proven
negligence - failing out of neglect to do something the right way or follow standards (For example, the driver was guilty of negligence when, while talking on his mobile phone and not watching the road, he ran over and killed the pedestrian)
apathy - very uninterested
horrific - very bad
exploitation - use something unfairly for one's own gain (See glossary)
the norm - what normally happens
an exception - different from what normally happens
* is the norm, rather than an exception
barring - preventing
gross violations - very major or big violations
the latest in a string of - the most recent in a series of
going from bad to worse - getting worse
crackdowns - a sudden and strong enforcement of laws
sensitivity - very concerned about not offending or hurting other people
religious and cultural sensitivity - being careful not to insult someone's religious beliefs
deported - sent out of the country (as a legal punishment)
x poses a threat to y - x may hurt or damage y
national security - policies that eliminate any threat to the continued existence of the nation, including diplomacy and military means (See Wikipedia on national security)
posed a threat to national security - threatened the continued existence of the nation
The same reason was cited for - the same reason was given for
x stems from y - x caused by y, x because of y
prevailing - widely accepted, influential
prevailing view - widely accepted view or opinion
ethnic Muslim Rohinyas - Rohingyas, a Muslim group living in Burma near the border with Bangladesh, speaking a language close to the Bangladesh dialect of Chittagong (See Wikipedia on Rohingyas)
instigators of violence - people who cause violence
continues unabated - continues without being stopped
illegal aliens - people living in a country illegally
subjugation - taking complete control of people
puts under the total subjugation of - puts under the complete control of
confiscate - take away
routinely confiscate - take away (as the normal procedure or policy)
extortion - using force and threats to get money from people
police extortion - when the police use their power to force people to give them money
hesitant - do slowly because you are unsure
hesitant to demand - slow and unsure in asking for something
registration cards - the official card that proves that you have legal permission to live in Thailand
labour unions - an association of wage-earners to maintain and improve work conditions and wages (See Wikipedia on trade unions)
vulnerable - easily harmed, unprotected
particularly vulnerable to sexual abuse - in a situation where people can do unwanted sexual things to them (and not get punished for it)
no indications that - nothing showed that
persecution - cruel and unfair treatment
underground - secret, living in secret
remain underground - remain living in secret
interpreters - people who translate from a foreign language as it is spoken
activist - someone whose job is to promote and bring about social or political change, often supporting a controversial issue (See Wikipedia on activism)
discriminatory - unfairly treating one group worse
ultra- - very strongly
nationalism - great love for one's nation, and usually a belief that it is better than other nations
race-based ultra-nationalism - a very strong belief that your ethnic group and nation are better than others
mainstream - most typical and normal
mainstream society - the most typical in a society
mainstream Thai society - the most typical in Thai society
he fumed - he was very angry
nurtured by - helped to grow by
human traffickers - people who transport and often sell other weaker disadvantaged people, as they would goods
rights advocates - people who defend the rights of weaker people (whose rights are easily and often abused)
chances are slim - unlikely, improbable
carriers of contagious diseases - people from who serious diseases can be caught (for example, tuberculosis)
Confederation of State Enterprise Unions - an organisation of unions for government workers (See website)
Answer Key:
1. What kind of work did the migrant worker Soe Moe and his fellow workers do?
They worked on fishing boats (deep-sea trawlers).
2. What happened to Soe Moe and his co-workers?
(Summarise the story in a few sentences)
They were working on a boat whose Indonesian fishing license expired. So the boat waited in the middle of the ocean and didn't give the workers enough food or water. Two died and were buried on an island. Another 37 died and were dumped into the water. Finally, when the surviving boat workers arrived back to Thailand, the owner of the boats refused to pay them.
("...they were ordered to anchor in the open sea for more than three months in 2006, because the fleet's fishing permit with Indonesia had expired...During the wait for paperwork, the fleet owner did not supply them with food or fresh water. By the time the crew were ordered to return, a large number of them were already suffering from fatigue, breathing problems, swollen bodies and vomiting - all symptoms of severe malnutrition...Two were buried on an island. The other 37 died on the way back to Thailand; their bodies were simply dumped at sea.")
3. What actions of the fishing boat owner at least look like violations of laws?
(Even if: 1. there aren't actually any laws that cover the morally culpable behaviour, or 2. there are laws, but the law is never enforced)
a. Negligence of the fishing boat owners.
b. Refusal of fishing boat owners to pay the surviving workers back wages.
c. Refusal of fishing boat owners to compensate the familes of the 37 workers who died at sea.
d. False registration of migrant workers as Thai nationals.
4. Why did the Thai government claim that it had no jurisdiction in the case?
"The law does not protect crews on trawlers that operate outside the country for more than one year."
5. What problems do you think might have led to provincial authorities in Phuket, Ranong, Phangnga and Surat barring migrant workers from using mobile phones, motorcycles and from leaving home at night? Should such restrictions apply to everyone, if only a few are at fault? (Brainstorm, Express your opinion)
6. What methods do some employers used to avoid paying wages to migrant workers? Do you think these methods are fair? What should be done about them? (Express your opinion)
a. Firing the worker.
b. Killing the worker
7. What happens to the status of a migrant worker when they lose their job for some reason? Is this fair? (Express your opinion)
The worker has one week to find a new job. After that they are illegal and are in danger of being arrested and deported.
8. What can make a migrant worker vulnerable to police extortion even if they are legally working in Thailand?
If their employer keeps their registration card, so that they don't have it when they go outside, the police can technically arrest them, such a threat is an easy way to make money.
("Such a law puts migrant workers under the total subjugation of their employers, who still routinely confiscate their registration cards, making them easy targets for police extortion.")
9. What kind of rights do workers in Thailand have that migrant workers often don't have?
Rights to:
a. minimum wages
b. return of their registration card by the employer
c. better working conditions
d. labour unions
e. payment of back wages
10. How do immigration laws and their enforcement make it difficult for migrant workers to demand things that they have a legal right to get?
Immigration laws and their enforcement provide employers with the power to violate migrant worker rights in two ways:
a. Demanding things like minimum wages or the payment of back pay could lead to being fired and almost immediately after that the risk of arrest and deportation.
b. The police generally side with employers rather than migrant workers in both civil and criminal cases.
c. Lack of interpreters in the judicial system.
d. Lengthy judicial procedures.
("Taking cheating or abusive employers to court is almost impossible. The police generally ignore the workers' complaints, even in criminal cases, thus encouraging employers to treat migrant workers as they please.")
11. What excuses do government officials make for not taking action against the abuse of migrant workers?
a. Thai policy is no different from the policy of other countries.
b. Thai migrant workers in other countries face the same problems.
c. Some rights of individuals must be sacrificed for the common good.
d. Race-based ultra-nationalism
e. Fear of a Burmese invasion
f. Fear of a loss of sovereignty
g. They are job thieves.
h. They are carriers of contagious diseases.
i. They are sub-human.
j. They come from another country, therefore they are an enemy.
k. They demand rights, therefore they are dangerous.
