Mekong Migration Network

Press Release
June 22nd 2010

Proposed Measures to Arrest Undocumented Migrants Are Life-Threatening
and Counterproductive

The Mekong Migration Network is deeply concerned for the safety of migrant workers in Thailand following Order No 125/2553 of the Prime Minister’s Office, regarding the Suppression, Prosecution and Arrest of Migrants Working Underground.

During 2010 alone there have already been 23 reported deaths of migrant workers resulting from acts of suppression. In the third week of January nine Karen job-seekers were shot dead in Phop Phra District, allegedly after being unable to pay a bribe to local police. On February 25th 2010, three migrant children (a three-year-old, six-year-old and 16-year-old) were shot dead when soldiers fired at the car transporting them. In Phuket, on March 8th 2010, two young sisters drowned while trying to escape a police raid on their camp.
On May 23rd, 2010, nine Chin migrants, including two young children, died and 19 others were seriously injured when the pick-up they were travelling in was fired upon and chased by a police car in Petchburi province.

The members of the Mekong Migration Network are greatly disturbed by this use of lethal force by the various Thai authorities (police, border police, army) against undocumented migrants. We fear that these deaths and injuries will multiply if the policy to suppress and arrest migrants is enforced.

In addition, we believe that to set up the Centre for the Suppression, Prosecution and Arrest of Migrants based in the Ministry of Labour is counterproductive to efforts being made to regularise migrants with temporary passports; and also to fulfilling the Ministry of Labour’s stated goal to enhance the quality of life and social security for workers.

Giving the mandate of suppression, prosecution and arrest of workers to the Ministry of Labour will clearly undermine all workers’ confidence and trust in the ministry, and will threaten the security of all workers in Thailand. The enforcement of the labour laws for migrant workers is already shamefully weak, and should the ministry take on the role of policing the immigration status of migrants, the workers will have no legal avenues through which to improve their working conditions.

Only a small percentage of migrants undergoing nationality verification have actually received their temporary passport, the rest, almost one million, are still in the process. Since the process requires trust and cooperation between migrants, employers and local authorities, the current Order is also likely to impact on the effectiveness of regularising undocumented migrants. Migrants have long experience of mass raids which do not screen migrants’ status. It is highly likely that some migrants holding only appointment cards for nationality verification will also be arrested, together with undocumented migrants, and this will undermine the confidence of all migrants to proceed with regularisation.

Furthermore, ordering the arrest of the 300,000 migrants who were eligible to enter into the nationality verification process but did not follow through does not address the shortcomings of the process, it only causes more confusion, distrust and resentment.

The Mekong Migration Network thus makes the following recommendations:

1. to protect migrants from the dangers of arrest, detention and deportation we call on the Royal Thai Government to
• immediately revoke Order No 125/2553
• limit the use of arrest, detention and/or deportation as a strategy to respond to irregular migration – but when it is used, to ensure that the procedures are carried out with safeguards established in international human rights, and national, laws
• to strictly abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials which requires that law enforcement officials shall as far as possible apply non-violent means before resorting to the use of arms when performing law enforcement duties

2. to respond to irregular migration, we call on the Royal Thai Government to

• facilitate the nationality verification, temporary passport and work permit process for migrants currently in the system
• open the system of obtaining nationality verification, temporary passports and work permits to all migrants

3. to protect the safety of migrants, we call on

• the National Human Rights Commission to investigate all cases of use of lethal weapons by authorities in relation to the arrest of undocumented migrants
• the Ministry of Justice to ensure that witnesses to such incidences are protected and that migrant witnesses are provided with documentation to remain safely in Thailand during the investigations
• the Ministry of Justice to ensure that families of victims of state violence are properly compensated
• the Ministry of Labour to perform its duties in protecting and safeguarding workers by ensuring that working conditions conform to the national laws and the ILO Decent Work standards

For further information please contact:
Ms. Laddawan Tamafu +66 8 1595 1364 (Thai/English)
Mr. Sutthiphong Khongkhaphon +66 8 1595 1366 (Burmese/English)

Press Release:
Deaths of Migrants Must be Investigated
March 19th 2010

On February 25th 2010, in Pak Nam sub-district, Ranong province, soldiers from the 25th Infantry Division fired on a pickup truck carrying 13 undocumented migrant workers from Burma, resulting in the deaths of three migrant children. Those killed were a three or four year old, six or seven year old girl, and a 16-year-old boy. Five others were also injured during the shooting¹.

On March 9th 2010, in Phuket, a 20-year-old woman and a young girl from Burma drowned in a river while fleeing from the police who arrived at the worker’s quarters at night. The woman had a work permit and was enrolled in the new nationality verification program and the girl was holding the temporary identification document (Tor Ror 38/1). According to a witness, workers nearby were too afraid to go and rescue the drowning pair, as the police held them off at gun point.

The Mekong Migration Network (MMN), a sub-regional network of 38 member organisations working together to protect migrants’ rights in the Greater Mekong Subregion (GMS), is appalled by such tragic deaths of innocent children and women. These deaths would have been avoided if proper procedures had been followed and if the safety and well-being of migrants was respected.

In 2006-2007, the MMN conducted collaborative research on the arrest, detention and deportation (“ADD”) of migrant workers in the GMS and highlighted serious human rights abuses, as well as a lack of transparency and accountability during processes that involved ADD. While MMN’s core recommendation is that policies be amended so that migrants are not constantly at risk of arrest, detention and deportation, in the event that migrants are arrested, detained or deported, we called for the procedures to be carried out in a humane, safe and transparent manner and only by authorized, trained authorities².

In response to these latest tragedies, The Mekong Migration Network urgently calls for the Royal Thai Government to:

1. Conduct full and impartial investigations into these events to ensure that the authorities involved are held liable for their actions.

2. Facilitate access to justice for the victims and their families and ensure that they receive adequate redress.

3. Take immediate steps to ensure that the relevant authorities enforce safe and humane procedures during the arrest and deportation of migrant workers according to the Thai Criminal Procedure Code; the 1997 Measures in Prevention and Suppression of Trafficking in Women and Children Act (Section 9); and Article 22 of the International Convention on the Protection of the Rights of Migrant workers and their Families (1999).

4. Address the level of fear and insecurity that has been created in the migrant community which leads to even fully documented migrants being terrified of uniformed officers.

Footnotes:
1. “Three Migrants Killed by Thai Army”, in Irrawaddy, 26 February 2010, “Migrant Children Shooting Unacceptable: HRW”, in Irrawaddy 9 March 2010
2. Mekong Migration Network, Migration in the Greater Mekong Subregion: Resource Book—In-depth Study: Arrest, Detention and Deportation”, 2008, p.177. Downloadable at http://www.mekongmigration.org/?page_id=73

Feb 12th 2010

Support Workers’ Demands for Labour Rights in Burma

On February 8th 2010, 3,600 factory workers, mostly women, in the Hlaing Tharyar industrial zone in Rangoon, Burma, protested against the substandard working conditions they are forced to endure in the factories. Workers employed at the Opal 2 and Mya Fashion factories demanded a wage increase of 10US$ a month. The next day, workers at the Taiyee shoe factory, and the Kya Lay garment factory also came out to demand the enforcement of public holidays, an increase in their daily wage, proper payment of overtime and other basic rights.

The Burmese military regime responded by bringing in hundreds of armed police and warned the workers that they would face a violent crackdown if they did not disperse peacefully. On February 10th the workers had little choice but to accept a compromised settlement of a monthly increase of US$2 –US$5. But then the next day, February 11th, workers from Myanmar Sunny shoe factory form Industrial Zone No.(2) and from Miss Style shoe factory from Industrial Zone No.(3) announced that they would also demand increased wages.

The industrial zone where these factories are located employs between 50,000 to 70,000 workers. The factories are owned by Korean, Thai and Burmese nationals, among others.

Burma continues to be ruled by a military dictatorship with a record of violent crack- downs against any form of protest or gatherings over 5 people. Trade unions are banned. Workers in Burma are thus denied their basic rights of assembly and collective bargaining. In addition, with a blackout on news coverage of any unrest, workers are completely isolated from international attention.

The isolation of the workers, the presence of the military and the history of the regime is cause for grave concern for the safety and the rights of all workers in Burma and urgently for the workers in the Hlaing Tharyar industrial zone.

It is also important to note that there are no international agencies in Burma who can support the rights of workers and monitor the situation, due to the restrictive political environment inside Burma.

Asian Migrant Centre, MAP Foundation and the Workers and Farmers Solidarity League of Burma, applaud the brave action taken by the workers and stand in solidarity with all workers in Burma in their struggle for workers rights. We are deeply disturbed by the threat of military force by the military junta in responding to these strikes by workers exercising their freedom of association.

The workers in Burma need your voices. They need your trade unions, civil society organizations and media to highlight their situation, to raise these violations of workers rights with your governments, especially those who are investing in Burma and your governments who are trading with Burma. Please petition your governments urgently.

The workers in Burma need you to demand that the International Labour Organisation (ILO) expand its mandate in Burma to include all forms of exploitation, not only forced labour.

You can also write letters to Sen. Gen Than Shwe c/o Ministry of Defence, Naypyidaw, Myanmar, to express your outrage at the use of threats of violence to quell workers’ call for a US$5 a month raise.

And finally please send a message of support to the brave workers in Burma at solidarityburma@gmail.com

Unite with Workers in Burma!

For further information, please contact:

Workers and Farmers Solidarity League of Burma at Wfslb2009@gmail.com

or email: solidarityburma@gmail.com

or contact Reiko Harima Asian Migrant Centre Tel: +852 23120031

or contact Jackie Pollock MAP Tel: +66 860904118

January 18th 2010

OPEN LETTER ON THE DEPORTATION OF CAMBODIAN BEGGARS WITHOUT DUE PROCESS

The Mekong Migration Network (MMN), a network of 38 civil society organizations in the countries of the Mekong Greater Sub-Region, strongly opposes the recent deportation of Cambodian beggars without due process and calls on the Royal Thai Government to ensure that effective and appropriate screening processes are immediately put in place to prevent the deportation of migrants who have the right to protection.

On January 4th 2010 Teerachon Manomaipiboon, Deputy Governor of Bangkok Metropolitan Administration (BMA) announced that begging in Bangkok had become a transnational human trafficking problem which needed to be solved as soon as possible. Over the next six days, the authorities rounded up beggars across Bangkok, including a group of 30 Cambodian children on January 7th and then on Jan 10th 557 Cambodian men and women. The migrants were displayed to the press at a conference organized by the National Immigration Bureau, 337 women and 220 men, many elderly, mostly disabled, some severely disabled. At the press conference Deputy Prime Minister Maj Gen Sanan Kajornprasart who is also responsible for the management of migration in Thailand as Chair of the Committee on Irregular Migration approached the 557 migrants wearing a heavy duty face mask.

Following the press conference, all 557 migrants were deported as illegal migrants. There was no screening process to determine whether the migrants had been forced to work, whether they were debt bonded labourers or victims of human trafficking. According to the Anti-Trafficking In Persons Act B.E. 2551 which came into force in June 2008, people who have been trafficked to Thailand have the right to protection under the law and are not to be treated as criminals.

The Mekong Migration Network calls on the Royal Thai Government to find alternative, more humane alternatives to deportation, including regional strategies to improve the livelihood of all people of the Mekong.

In cases where deportations are carried out, the Mekong Migration Network calls for appropriate due process, including:

1. Implementing a proper screening process to guarantee that migrants who have the right to protection are granted such protection, including victims of trafficking, forced labour or exploitation and asylum seekers.
2. Ensuring that all migrants who have been victims of crimes (trafficking, forced labour, exploitation, physical and/or sexual violence etc) have access to legal counseling and legal aid.
3. Providing legal status to any migrant pursuing a legal case in Thailand for the duration of the court case.
4. Treating migrants with respect and upholding their dignity.

For more information please contact:
Email: advocacy@mekongmigration.org
Phone: + 66 53 328 298
Ms. Laddawan Tamafu (Thai) + 66 8 1595 1364
Ms. Jackie Pollock (English) + 66 8 60904118

LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA
DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We are shocked and disappointed to hear that another six Burmese migrants have died while in detention in Malaysia because of a suspected waterborne disease. Leptospirosis is caused by exposure to water contaminated by animal urine, like rat urine. (Straits Times, 25/9/2009, Migrants die in detention/ Associated Press, 24/9/2009).

From our investigation, the names of 3 of those who have died are So Thein [Prison Body number 0853, Block B1, Ethnicity: Burman, Age: 36], Min Khaing [Body number 5009, Ethnicity: Karen, Age: 23] and Min Nown [Ethnicity: Arkan, Age: 28]. The other 3 are of Chin ethnicity. It seems that the deaths happened in August.

This time the deaths seem to have occurred at the Detention Centre at the KL International Airport (KLIA) depot. The Straits Times report states that an official had informed them that ‘…the detainees likely contracted the disease in another centre. They were transferred together with some 700 others after a riot there…’. In an earlier report (Star, 24/7/2009), it was stated that ‘…some 700 Myanmar illegal immigrants involved in a ruckus at the Semenyih immigration depot early this month have been moved to the department’s KL International Airport (KLIA) depot…’

It must be noted that this is not the first case of death by reason of Leptospirosis. Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, died in the Malaysia ’s Juru Immigration Detention Centre from Leptospirosis in May 2009. 127 civil society groups and organizations responded vide a joint statement entitled ‘Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life’.

Complaints were also lodged with the Malaysia’s Human Rights Commission (SUHAKAM), Malaysian Prime Minister Dato’ Sri Mohd Najib Bin Tun Haji Abdul Razak,, Minister of Home Affairs Datuk Seri Hishammuddin Tun Hussein, and the Minister of Health Dato’ Sri Liow Tiong Lai,

After that Leptospirosis outbreak in the Juru Detention Centre in Penang in May, the Immigration Director-General Abdul Rahman assured us that the cleanliness and hygiene at immigration depots nationwide will be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases (Bernama, 19/5/2009).

SUHAKAM also vide letter dated 16/7/2009 had informed us that they had met with the Director General of Immigration on 4/6/2009, and amongst others, had recommended that ‘… as a measure to control contagious diseases to ensure that all immigration detention centres should have a doctor or medical officer in line with international requirements, and that cleanliness of detention centres should be taken care of.’

It must also be borne in mind that last year SUHAKAM identified medical care as an overriding reason why 1,300 detainees have died over the past six years, and had made recommendations to the government. At present the 22 centres throughout Malaysia do not have a permanent clinical dispensary manned by doctors or a medical assistant to help detainees. (ABC News, 28/5/2009)

In May 2009, it was reported that about 26 were admitted to hospital following a Leptospirosis outbreak in the Juru Detention Centre, and they survived, and this leads us to believe that prompt access to healthcare can avoid death. It is shocking that in this recent case, 6 have died. What is more disturbing is that there seem to have been no reported disclosure by the Malaysian authorities on this. We still do not know the number of detainees that have been affected this time.

This is a disease caused by exposure to water contaminated with the urine of infected animals, and is very rarely propagated through contact with affected persons. Question must be raised as to how detainees in an enclosed detention centre are contracting this disease. Are they being affected through the food and water supplied by the detention centres? Are the detention centres having a rat infestation problem?

After the recent deaths and outbreak in the Juru Detention Centre, one would have expected the Malaysian government to have taken immediate steps to ensure that there are no more cases of Leptospirosis outbreak and deaths. We wonder also whether the authorities took a lackadaisical attitude, and did not even conduct a thorough investigation to determine the source of the contamination that caused that outbreak. Results of such investigations will not only determine liability, but would also ensure that further deaths from Leptospirosis could be avoided.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia. It was sad that SUHAKAM decided not to carry out a public inquiry after the Juru deaths in May.

We are also call upon the Ministry of Health and the government of Malaysia to conduct a thorough investigation into the cause of this Leptospirosis outbreak, which is reported to have already resulted in 6 deaths.

We also call for the resignation of Immigration Director-General Abdul Rahman, considering that this is second reported case of deaths by reason of Leptospirosis at Immigration Detention Centres within the last 4 months.

The Malaysian government must take necessary action to ensure that proper steps be taken so that such disregard for life does not happen again.

With regard to those who have died, their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

Charles Hector
Pranom Somwong
Tun Tun

For and on behalf of the 23 organizations/groups listed below:-

Asian Migrant Centre (AMC)
Burma Campaign, Malaysia
Clean Clothes Campaign -International Secretariat
Coordination of Action Research on AIDS & Mobility (CARAM - Asia)
FIDH - International Federation for Human Rights
Khmer Kampuchea Krom Human Rights Organizatio (Cambodia)
Legal Support for Children and Women (LSCW) Cambodia
MADPET (Malaysians against Death Penalty and Torture)
MAP Foundation, Thailand
Mekong Migration Network (MMN)
Mekong Ecumenical Partnership Program-MEPP
Migrant Forum in Asia (MFA)
National League for Democracy [NLD (LA)], Malaysia
Network of Action for Migrants in Malaysia (NAMM)
Nepal Institute of Development Studies (NIDS) Nepal
Parti Rakyat Malaysia (PRM)
Persatuan Kesedaran Komuniti Selangor
Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)
Pusat Komas
The Shan Refugee Organization (SRO) Malaysia
Thai Action Committees for democracy in Burma (TACDB)
The Action Network for Migrants (ANM) Thailand
Workers Hub for Change (WH4C)