Category Archives: Thai Provincial Decrees

Announcement of the National Council for Peace and Order — No. 77/2557 Subject: Establishment of additional One Stop Service Centers for the Registration of Migrant Workers and Measures for orderly management of migrant workers working on fishing vessels in provinces bordering the sea

Announcement of the National Council for Peace and Order

No. 77/2557

Subject: Establishment of additional One Stop Service Centers for the Registration of Migrant Workers and Measures for orderly management of migrant workers working on fishing vessels in provinces bordering the sea

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Whereas clause 4 of the Announcement of the National Council for Peace and Order     No. 70/2557 on Subject: Interim Measures in solving the problem of migrant workers and human trafficking dated 25 June B.E. 2557 (2014), has provided that a One Stop Service Center for the Registration of Migrant Workers (hereinafter “One Stop Service”) shall be established in every province and that the establishment and the commencement of  their operations shall be in accordance with further announcements from the National Council for Peace and Order (hereinafter “NCPO”), and in order to provide for an orderly management of migrant workers working on fishing vessels in provinces bordering the sea, the NCPO hereby announces as follows.

1. Additional One Stop Service centers shall be set up pursuant to clause 4 of the Announcement of the National Council for Peace and Order No. 70/2557 on Subject: Interim Measures in solving the problem of migrant workers and human trafficking, dated 25 June B.E. 2557 (2014), in each of the seven provinces of Chachoengsao, Chon Buri, Phra Nakhon Si Ayutthaya, Rayong, Songkhla, Samut Prakan, and Surat Thani, all of which shall commence operations from 7 July B.E. 2557 (2014) onwards.

2. Employers of migrant workers working on fishing vessels to catch marine life shall compile a roster detailing the names, nationalities, and numbers of the said migrant workers and notify the said details to the respective Provincial Employment Office wherein their vessels are registered, in the following 22 provinces with areas bordering the sea: Krabi, Chanthaburi, Chachoengsao, Chon Buri, Chumphon, Trat, Trang, Nakhon Si Thammarat, Narathiwat, Prachuap Khiri Khan, Pattani, Phangnga, Phetchaburi, Phuket, Ranong, Rayong, Songkhla, Satun, Samut Prakan, Samut Songkhram, Samut Sakhon, and Surat Thani. This shall be completed by 21 July B.E. 2557(2014).

The execution  pursuant to paragraph one shall be carried out in accordance with the rules and procedures as prescribed by the relevant announcements of the Ministry of Labour.

This Announcement shall take effect immediately.

 

Announced on 3 July B.E. 2557 (2014).

General Prayut Chan-o-cha

Head of the National Council for Peace and Order

Announcement of the National Council for Peace and Order No. 70/2557 — Subject: Interim Measures in solving the problem of migrant workers and human trafficking

Announcement of the National Council for Peace and Order

No. 70/2557

Subject: Interim Measures in solving the problem of migrant workers and human trafficking

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Whereas it is considered appropriate to specify measures in solving the problem of migrant workers and human trafficking, in order to provide for an orderly management of migrant workers within the country, to establish employment standards for migrant workers in accordance with international standards, to alleviate the problems encountered by business owners and employers whose business necessarily requires employing migrant workers, and to eliminate the use of forced labour as well as exploitation of migrant workers; the NCPO hereby announces as follows:

1. A Facilitation Center for the Return of Cambodian workers (hereinafter the Facilitation Center) shall be set up in Sa-Kaew province, Chantaburi province, Trad province, and Surin province. It shall consider issuing a temporary entry permit for Cambodian nationals who wish to return to work in Thailand, with the Ministry of Interior as the main responsible body. This Facilitation Center shall work together with the Ministry of Labour, the Immigration Bureau and other relevant bodies and shall commence work from 26 June 2014 onwards.

In implementing paragraph 1 above, the Facilitation Center shall have the responsibility in keeping a personal record and issuing an identity card for a worker of Cambodian national in accordance with standards and procedures set by the Ministry of Interior.

2. Individual of Cambodian national who wishes to enter Thailand for employment purposes, whether with previous employment in Thailand or not, shall notify the Facilitation Center within 25 July 2014. After this period, immigration of Cambodian nationals shall be in accordance with relevant laws.

In case where an employer submits a request for migrant workers, or submits a name-list of migrant workers previously worked in his/her business to the Facilitation Center, and should the Center finds that there is a Cambodian national worker who has notified of his/her intention to work in Thailand and whose qualifications match those set by an employer, or whose name matches the name-list submitted by an employer, the Center shall notify the employer so that a temporary work permit can be proceeded.

The Facilitation Center shall consider issuing a temporary entry permit for a Cambodian national who has been transferred to an employer pursuant to paragraph 2 above. The permit shall be valid for 60 days from the issuing date. A Cambodian national who has obtained a temporary entry permit is allowed to work with his/her employer starting from the date the permit becomes valid.

3. When an employer agrees to employ a Cambodian national pursuant to clause 2 above, he or she must obtain a temporary work permit from the One Stop Service for the Registration of Migrant Workers, per clause 4, in the province where the employer’s business is located.

The temporary work permit issued pursuant to paragraph 1 shall be valid for the remaining validity of the temporary entry permit.

4. A One Stop Service for the Registration of Migrant Workers (hereinafter the One Stop Service) shall be established in every province, with the responsibility to issue a temporary work permit for migrant workers and for the orderly management of migrant workers of Myanmar, Laos and Cambodian nationals. The Ministry of Interior shall be the main responsible body, and work in cooperation with the Ministry of Labour, the Ministry of Health, the Immigration Bureau and other relevant entities. The first One Stop Service is to be set up in Samut Sakhon province on 30 June 2014. Establishment and commencement of the One Stop Service in other provinces shall be in accordance with further announcement from the NCPO.

In implementing paragraph 1 above, the One Stop Service shall have the responsibility in keeping a personal record, issuing an identity card, and carrying out a health check-up for migrant workers in accordance with standards and procedures set by the Ministry of Interior.

5. Individual of Myanmar, Laos or Cambodian national who has entered or resided in Thailand illegally, whose permission has ended, or who undertakes employment illegally, shall report to the aforementioned One Stop Service.

In case where a migrant worker of the abovementioned criteria, accompanied by an employer, reports him/herself and notify his/her intention to work as labor or undertake a laborious work not involving academic knowledge and skills, or other work not in violation of the law relating to employment of migrant workers, the One Stop Service shall consider issuing a temporary work permit for such worker. The permit shall be valid for 60 days from the issuing date. Migrant worker who has obtained the permit can commence work with the employer from the day the permit is issued.

6. Individual of Myanmar, Laos or Cambodian national who has obtained a temporary work permit pursuant to this announcement must undergo a nationality-check process in order for a temporary leave to remain in the Kingdom of Thailand as well as a work permit to be issued in accordance with the law.

7. Temporary entry permit and temporary work permit issued pursuant to this announcement shall be terminated when an individual of Myanmar, Laos or Cambodian national who has obtained a temporary entry permit or temporary work permit falls into on the following category:

(1) has mental problem or contract a disease as prohibited by the Ministry of Health; or is a person with unhealthy condition obstructing the carrying out of his/her occupation according to a doctor’s prescription

(2) is a person with a criminal conviction punishable by imprisonment, except for an offence committed in negligence and minor offences.

(3) behaves in a way that can be deemed dangerous to the society, is likely to cause harm and unrest to the general public, or poses a threat to national security; or is a person against whom foreign government has issued a warrant.

(4) behaves in a way that suggests involvement in prostitution, women and child trafficking, drugs trafficking, custom duty evasion or involvement in other work in contrary to public order and morals

8. Article 12(3), Article 54 and Article 81 of the Immigration Act B.E. 2522 (1979) shall not be enforced against individual of Myanmar, Laos or Cambodian national who has obtained a temporary entry permit or a temporary work permit pursuant to this announcement, and whose permits are still valid.

9. Business owner, employer and migrant worker shall cooperate in following the measures stipulated by government officers. When the date stated in the temporary entry permit and the temporary work permit has lapsed, relevant law enforcement entities shall strictly enforce the law against migrant worker and other relevant entity.

10. Border Defence Command of the Royal Thai Army and of the Royal Thai Navy as well as other relevant bodies shall strictly control immigration movement along the border lines in accordance with established measures. Other relevant government agencies shall likewise enforce the law strictly against migrant worker smuggling and human trafficking network. Disciplinary and criminal proceedings shall be brought against government officer who fails to carry out his/her duty or who commits malfeasance.

11. Ministry of Interior, Ministry of Labour, Ministry of Health, the Royal Thai Police, the Immigration Bureau, the Internal Security Operations Command, Border Defence Command of the Royal Thai Army and of the Royal Thai Navy, as well as other relevant bodies, shall follow as guidelines the measures and approaches as outlined in this announcement. In addition, they shall consider measures aimed at publicizing and promoting compliance amongst business owners and employers, as well as other measures which will reinforce compliance with this announcement.

12. Policy Committee on Migrant Worker and Human Trafficking established pursuant to Order of the NCPO No. 73/2557 dated 25 June 2014 is to be the main responsible body in overseeing the implementation as well as continually monitoring and reporting the result to the NCPO.

 

This announcement shall take effect immediately

Announced on 25 June B.E. 2557 (2014)

 

General Prayut Chan-o-cha

Head of the National Council for Peace and Order

Thai coup leader threatens crackdown if protests resume

Thai coup leader General Prayuth Chan-ocha said on Monday he had been formally endorsed by the king as head of a military council that will run the country, and warned he would use force if political protests flare up again.

Prayuth seized power on May 22, saying the army would restore order after nearly seven months of sometimes deadly street demonstrations. The military has taken into custody scores of politicians, activists and others.

“Will we go back to where we were before? If you want to do that, I will need to use force and impose the law strictly,” Prayuth said in a statement he read on television. “You will have to forgive any tough measures as they are necessary.”

He did not set a timeframe for how long the army would stay in power, although he said he hoped to hold elections soon.

The royal endorsement is a significant formality in Thailand, where the monarchy is the most important institution.

But Prayuth’s address would have provoked conflicting reaction in a country polarized by nearly a decade of rivalry between the royalist establishment, of which Prayuth is a member, and Thaksin Shinawatra, a populist tycoon who broke the political mould.

Prayuth, wearing a formal white dress uniform, said he would set up a council of advisers but gave no details on the form of a government that will run the country under his military junta, the National Council for Peace and Order.

“The country needs a prime minister,” he said.

The military ousted the remnants of a government that had been led by Prime Minister Yingluck Shinawatra, Thaksin’s sister, until she was removed by a court on May 7 for abuse of power. Thaksin was ousted as premier in a 2006 coup.

The military has taken over with a heavy hand, throwing out the constitution, dissolving the Senate and censoring the media. Anyone who insults the monarchy or violates the military’s orders will be tried in a military court.

Despite warnings, small crowds of people voicing opposition to the coup have been gathering daily in Bangkok since the takeover, as well as in the north and northeast, strongholds of the ousted government. There have been no serious clashes.

On Monday, several hundred people gathered at Bangkok’s Victory Monument where about 1,000 protesters massed on Sunday.

Some shouted “we want elections” and “coup get out”, others held up signs saying “we want democracy”, a Reuters reporter said.

Police and soldiers turned in force to block the protesters and there was jeering and some scuffles but no serious trouble. Soldiers in a van with a loudspeaker urged people not to join the protesters, saying they were being paid, and blamed foreign media for trying to damage the country.

While the protests are a nuisance for the army, a more serious threat would be armed resistance from Thaksin’s “red shirt” loyalists. They have always threatened to fight a coup but with so many of their leaders detained or in hiding, activists say they have no plan for opposition.

Authorities seized weapons and detained activists in the northeast last week. On Monday, an army ranger was killed in Trat province, near the Cambodian border, in a clash with suspected pro-Thaksin gunmen during a search, the army said.

YINGLUCK ALLOWED HOME

Earlier on Monday, Suthep Thaugsuban, a former pro-establishment politician who led protests that undermined Yingluck’s government, was released on bail, his lawyer said. He had been held since the coup.

The army has also allowed Yingluck to go home, although she remains under military supervision with soldiers guarding her residence, a military official said on Sunday.

But the easing of restrictions on Yingluck will do little to dispel concern among her supporters that the military is intent on a crackdown for reasons other than simply restoring order.

Thaksin, seen as the real power behind his sister’s government, was ousted in 2006 after his big-spending policies had won him the passionate support of the poor but the animosity of the establishment, who saw him as a corrupt, authoritarian opportunist and a threat to the old order.

The upstart former telecommunications tycoon, who refused to conform with the establishment’s ways, was also accused of being disrespectful to the monarchy and even a closet republican, which he denied.

The former leader, who has lived in self-exile since a 2008 graft conviction, said on Twitter he was saddened by the latest events, and called on the army to treat everyone fairly.

The crisis between the establishment and Thaksin comes amid anxiety over the issue of royal succession. The king, the world’s longest-reigning monarch, is 86 and spent the years from 2009 to 2013 in hospital.

Crown Prince Vajiralongkorn does not command the same devotion as his father, but some Thaksin supporters have recently been making a point of showing their loyalty to the prince.

One Thaksin ally, ousted Education Minister Chaturon Chaisang, said he expected the military to take steps aimed at sidelining once and for all Thaksin, his family and his allies, and blocking forever his formidable political machine, which has won every election since 2001.

“Any election after that would be meaningless,” Chaturon told Reuters by telephone on Sunday, referring to changes he expects the military to implement.

For now, the military is focusing on ending dissent and getting the economy back on track.

Shares in building contractors jumped more than 3 percent on Monday on expectations the military government would speed up disbursements for infrastructure projects that were put on hold during the months of political unrest.

Among them, Italian-Thai Development Pcl, the country’s largest construction firm, rose 0.5 percent even though the army has summoned its president, Premchai Karnasuta, to appear on Monday, along with 37 others including political associates and big business allies of Thaksin.

Also on Monday, the military officer overseeing the economy met senior economic civil servants.

By: Panarat Thepgumpanat and Paul Mooney; Additional reporting by Amy Sawitta Lefevre, Khettiya Jittapong and Aukkarapon Niyomyat; Writing by Robert Birsel; Editing by Alan Raybould, Alex Richardson and Nick Macfie – Reuters

Many Migrants Need More Protection: Karen Rights Group, Irrawaddy

Many Burmese migrant in Thailand need expanded protection because they are not “economic migrants” as much as refugees displaced by war and human rights abuses, said a new report released by a Karen rights group on Tuesday.

The Karen Human Rights Group (KHRG) report titled “Abuse, Poverty and Migration” called for a radical rethink of the division between refugees and so-called “economic migrants.”

The report was based on 150 interviewees conducted mostly in Karen State in eastern Burma and with Burmese working abroad.

The Karen rights group said that many Burmese migrant workers in Thailand lack adequate protection and assistance because of their status as war and human rights refugees.

Naw September Paw, a spokesperson for the report, said, “The vast majority of the migrant workers we interviewed left Burma because of the life-threatening poverty created as a direct result of the military regime’s exploitative abuses.”

“Yet, they are considered as ‘economic migrants’ who leave their country merely in search of better financial opportunities and therefore receive almost no protection assistance,” said September Paw.

More than 2 million Burmese migrant workers live and work in Thailand both legally and illegally, according to labor rights groups.

“It is the time that the distinction between refugees and ‘economic migrants’ is challenged, so that migrant workers can begin to receive the protection and recognition of their rights that they deserve,” said September Paw.

In July 2008, Thai paramilitary troops forced more than 50 Karen refugees—mostly women and children—to leave two refugee camps, Mae La Oon and Mae Ra Ma Luang in northern Mae Hong Son Province, and return to Karen State, where they had fled Burmese military offensives.

Human Rights Watch criticized the Thai authorities for forcing the Karen refugees into a conflict zone in eastern Burma.

Poe Shen, a field director for the KHRG, said, “They fled for offensive reasons. They have no where to stay as their lands were confiscated by the Burmese army. We hope host countries will extend protection for the migrants.”

Burmese migrant workers usually seek work in neighboring countries including Thailand, Malaysia, China, India and Bangladesh.

By SAW YAN NAING Tuesday, June 16, 2009

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