Thailand
03.07.03
Urgent Interventions
Thailand: illegal deportation of Burmese workers
Case THA 030703. ESCR
Economic, Social and Cultural Rights Concerns
Labour rights/Dismissal and deportation of migrant workers
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Thailand.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, that on June 23rd 2003, 420 Burmese workers were deported by the Thai immigration officials to Myanmar following their dismissal that occurred on the same day and was due to a labour dispute with their employer, the King Body Concept Co. Factory in Mae Sot, Tak Province, Thailand.
According to the information received, on June 18th 2003, the Burmese workers of the King Body Concept Co. Factory sent a statement to their employer demanding higher wages and an improvement of their working environment. All these Burmese workers were reportedly legally registered under the Thai Ministry Labour scheme.
It is reported that the owner of the factory did not respond to the workers’ letter. On June 20th 2003, the Burmese workers reportedly sent a formal letter of complaint to the Tak Labour Protection and Welfare office, which said that they would send an official on June 23rd 2003 to mediate the problem.
On the same day the Burmese workers sent the formal letter of complaint (June 20th 2003) the factory managers reportedly told the Burmese workers that there was no work for them until June 22nd 2003, even though they usually worked on Saturdays and Sundays.
According to the information received, on June 23rd 2003, the labour official held a meeting with the factory owner and 10 Burmese workers’ representatives. Prior to the meeting, the factory owner reportedly called the local and immigration police and Border patrol soldiers. The factory owner then reportedly said that he wanted to dismiss the Burmese workers because they did not report to work for three days.
According to the information received, the workers then asked that the factory owner pay them two months compensation, as they were entitled to under the Thai legislation. The factory owner reportedly refused to pay the two months salary and paid the workers only their last month’s salaries. It is reported that the workers were then sent, on the same day (June 23rd 2003) to the immigration detention centre and deported to Burma, in violation of a Thai law providing that registered workers have 7 days to find a new job before they loose their registration and might be subject to deportation.
Background information
According to the information received, the Burmese workers of the King Body Concept Co. Factory were facing poor living and working conditions at the factory.
In term of the working conditions, while all of the Burmese workers mentioned herein are reported to have been legally registered under the Thai Ministry of Labour scheme, the factory owner withheld the original copy of the Burmese workers’ permits, in violation of Thai immigration law according to which registered workers must keep their permit at all times.
The King Body Concept Co. factory reportedly paid the Burmese workers only 55 baht per day with 5 baht per hour for overtime, while the minimum wage in the Tak province is 133 baht per day with 25 baht per hour for overtime work. According to the Thai legislation, registered workers in Thailand are entitled to the same rights and protections as Thai workers.
The normal working hours at the factory were reportedly from 8:00 a.m. to 10:00 p.m., the workers being frequently forced to work overtime. It is also reported that during peak production hours, the workers were sometimes forced to work until 3:00 a.m.
In term of living conditions, the Burmese workers were reportedly living in the factory’s overcrowded dormitories equipped with inadequate water for drinking and bathing and where the toilets were filthy and stinking. In this respect, it is reported that factory owner charged the workers 300 baht per month for basic housing and rice and levied an unexplained 3% tax on their salaries.
Action requested
Please write to the authorities in Thailand urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law
ii. guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights, as well as labour rights throughout the country in accordance with international human rights standards.
Addresses
· Mr. Chinnawat THAKSIN, Prime Minister, Govemment House, Pitsanulok Road, Dusit District, Bangkok 10300 / Thailand, Email: govspkman@mozart.inet.co.th, Faxes: + 66 2 280 1443 / 2 282 8631
· HE Purachai Piumsombun, Minister of Interior, Ministry of Interior, Thanon Atsadang, Bangkok 10200, THAILAND, Fax: +662 226-4371, Email: webteam@moi.go.th
· Prof. Saneh Chamrik, Chairperson, The National Human Rights Commission, 422 Phya Thai Road, Pathumwan District, Bangkok 10330, THAILAND, Fax: +66 2 219 2940, E-mail: commission@nhrc.th
· Ambassadeur, Mme Laxanachantorn Laohaphan, Rue Gustave Moynier 5, CH-1202, Genève, Suisse, e-mail : mission.thailand@ties.itu.int, fax: +4122 715 10 00
Please also write to the embassies of Thailand in your respective country.
Geneva, July 3rd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Economic, Social and Cultural Rights Concerns
Labour rights/Dismissal and deportation of migrant workers
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Thailand.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, that on June 23rd 2003, 420 Burmese workers were deported by the Thai immigration officials to Myanmar following their dismissal that occurred on the same day and was due to a labour dispute with their employer, the King Body Concept Co. Factory in Mae Sot, Tak Province, Thailand.
According to the information received, on June 18th 2003, the Burmese workers of the King Body Concept Co. Factory sent a statement to their employer demanding higher wages and an improvement of their working environment. All these Burmese workers were reportedly legally registered under the Thai Ministry Labour scheme.
It is reported that the owner of the factory did not respond to the workers’ letter. On June 20th 2003, the Burmese workers reportedly sent a formal letter of complaint to the Tak Labour Protection and Welfare office, which said that they would send an official on June 23rd 2003 to mediate the problem.
On the same day the Burmese workers sent the formal letter of complaint (June 20th 2003) the factory managers reportedly told the Burmese workers that there was no work for them until June 22nd 2003, even though they usually worked on Saturdays and Sundays.
According to the information received, on June 23rd 2003, the labour official held a meeting with the factory owner and 10 Burmese workers’ representatives. Prior to the meeting, the factory owner reportedly called the local and immigration police and Border patrol soldiers. The factory owner then reportedly said that he wanted to dismiss the Burmese workers because they did not report to work for three days.
According to the information received, the workers then asked that the factory owner pay them two months compensation, as they were entitled to under the Thai legislation. The factory owner reportedly refused to pay the two months salary and paid the workers only their last month’s salaries. It is reported that the workers were then sent, on the same day (June 23rd 2003) to the immigration detention centre and deported to Burma, in violation of a Thai law providing that registered workers have 7 days to find a new job before they loose their registration and might be subject to deportation.
Background information
According to the information received, the Burmese workers of the King Body Concept Co. Factory were facing poor living and working conditions at the factory.
In term of the working conditions, while all of the Burmese workers mentioned herein are reported to have been legally registered under the Thai Ministry of Labour scheme, the factory owner withheld the original copy of the Burmese workers’ permits, in violation of Thai immigration law according to which registered workers must keep their permit at all times.
The King Body Concept Co. factory reportedly paid the Burmese workers only 55 baht per day with 5 baht per hour for overtime, while the minimum wage in the Tak province is 133 baht per day with 25 baht per hour for overtime work. According to the Thai legislation, registered workers in Thailand are entitled to the same rights and protections as Thai workers.
The normal working hours at the factory were reportedly from 8:00 a.m. to 10:00 p.m., the workers being frequently forced to work overtime. It is also reported that during peak production hours, the workers were sometimes forced to work until 3:00 a.m.
In term of living conditions, the Burmese workers were reportedly living in the factory’s overcrowded dormitories equipped with inadequate water for drinking and bathing and where the toilets were filthy and stinking. In this respect, it is reported that factory owner charged the workers 300 baht per month for basic housing and rice and levied an unexplained 3% tax on their salaries.
Action requested
Please write to the authorities in Thailand urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law
ii. guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights, as well as labour rights throughout the country in accordance with international human rights standards.
Addresses
· Mr. Chinnawat THAKSIN, Prime Minister, Govemment House, Pitsanulok Road, Dusit District, Bangkok 10300 / Thailand, Email: govspkman@mozart.inet.co.th, Faxes: + 66 2 280 1443 / 2 282 8631
· HE Purachai Piumsombun, Minister of Interior, Ministry of Interior, Thanon Atsadang, Bangkok 10200, THAILAND, Fax: +662 226-4371, Email: webteam@moi.go.th
· Prof. Saneh Chamrik, Chairperson, The National Human Rights Commission, 422 Phya Thai Road, Pathumwan District, Bangkok 10330, THAILAND, Fax: +66 2 219 2940, E-mail: commission@nhrc.th
· Ambassadeur, Mme Laxanachantorn Laohaphan, Rue Gustave Moynier 5, CH-1202, Genève, Suisse, e-mail : mission.thailand@ties.itu.int, fax: +4122 715 10 00
Please also write to the embassies of Thailand in your respective country.
Geneva, July 3rd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.