written by Miss Ratima

Abstract:

Known for being the Land of Smiles, Thailand has maintained its title as one of the most attractive tourist spots in the world. As the country continues to welcome a swarming amount of visitors, a large group of foreigners are being neglected, exploited, and abused. With over 2.5 million migrants residing in the country, Thailand fails to take the initiative to focus and advocate for the rights of migrant workers. According to an interview with Dr Sripapha Petcharamesree recorded by The Nation Thailand, this unresolved issue poses a challenge towards the protection of human rights (Adair, 2024). 

Statistics:

According to the statistics from the Department of Migrant Workers (DWM), the estimated number of migrants residing in Thailand is 2.5 million with most migrating from Myanmar, Cambodia and, Laos. Of which 75 per cent (1.9 million) are from Myanmar. The majority age group are between 20 to 39 years old, and most undocumented migrants are in their 20s. Research shows that 52 per cent of the migrants in their 20s had not completed primary school and 35 per cent only completed primary school. Because of their limited years of school, their employment conditions are affected by their lack of degree. 

Poor Working Conditions:

One of the most significant factors that contribute to the unfair treatment of migrant workers is the cost of the documented migration process. According to The United Nations Development Programme in Thailand, the cost of legal documentation for males is approximately $446.65 per person, on the other hand, undocumented or illegal migrant male workers cost around $283.16 (UNDP, 2023). Due to the high cost of legal documentation, some people fund migration through savings, loans or from families and friends, adding expenses to the existing list of migration difficulties. In addition to the high expenses, workers also report a ‘lack of reliable information and support services for migrants,’, leaving them feeling anxious, stressed, and paranoid prior to the migration process. Besides the pressure of funding for the documentation, migrants are faced with the challenge of doing their own research because they find that Thailand does not offer enough detailed information about the documentation. With the current gaps in legal migration routes, Thailand should emphasise communication tools to provide clear and correct information in multiple languages about how to become a documented worker. 

Another big concern is the terrible working conditions that migrant workers face during their employment in Thailand. Firstly, the working hours for each migrant vary, despite working in the same field. Documented male migrants often receive higher salaries and they work fewer hours. While undocumented migrants, specifically females, must work in much harsher conditions, with lower pay, and fewer benefits. On the topic of unfair treatment, besides unequal pay, female migrants must also bear the gender discrimination in the workplace. Other than unequal pay, migrant women have to work around excessive working hours, lack of freedom of movement, and limited reproductive rights. A report states that there are incidents where women are wrongfully terminated due to pregnancy (APWLD, 2021). Female migrants often take jobs in factories working in processed food manufacturing or garment manufacturing. Some also seek jobs in construction, agriculture, service, and entertainment industry (Asia Pacific Forum on Women, 2020). In some cases, women are forced to take jobs that are not considered careers, an example of this is sex work. An interview with an anonymous migrant woman working as a sex worker in Thailand was conducted, she said ‘My body is the only thing I have. I don’t have education so I have to use my body.’, and even if they want to change their line of work, they can not. According to the law, migrant workers are unable to change jobs due to their documents being registered under one employer. According to an article by the Feminist Participatory Action Research, ‘Migrant employees can only request to change employers on the grounds of the employer’s death, bankruptcy, or in the face of proven exploitation,’, in which workers are only given two weeks to find a new employer. Moreover, ‘migrant women are vulnerable to exploitation, abuse or face violence.’, the most common forms of exploitation the women must face include forced begging, forced prostitution and verbal abuse (Chaiyanukij, 2004).

San May Khine:

In the discussion on the exploitation of migrant workers in Thailand, a migrated female named San May Khine worked with the Education and Identify Project at MAP Foundation Thailand to raise awareness of human trafficking and gender-based violence. Khine told a story from when she was fourteen, she was the youngest in her family and decided to work to help her parents. She mentioned the state of her work environment and described it as ‘exploitative’. She did not receive any healthcare benefits during her time working but the most heart-wrenching part of the interview was when Khine thought ‘I did not know I had rights, so I did not even think of claiming them.’. 

Currently, the minimum age to work in Thailand is eighteen years old but despite the law, there continues to be a growing rate of underaged undocumented migrant workers who are working in the country (UN Women, 2021).

Taking a Chance in NGOs:

The issue of mistreatment of migrant workers has lasted for decades. Despite the growing rate of reports and rumours, we are still waiting for an impactful solution that will lead the migrants to a better workplace and living conditions. Since the communication between civilians and authorities has proven ineffective, a suggestion would be a collaborative partnership with non-governmental organisations (NGOs). As seen in the case of San May Khine, she worked with the MAP Foundation and her social work is funded by the Safe and Fair Programme. After working towards building a platform and inspiring fellow migrants, the programme was implemented by ‘UN Women and ILO, in collaboration with UNODC, as part of the multi-year EU-UN Spotlight Initiative to Eliminate Violence Against Women and Girls.’. Today, Khine’s project supports multiple peer network groups and civil organisations across the ASEAN region intending to better support migrant workers. 

Therefore, by working alongside NGOs, they offer several advantages when addressing complex social issues, such as advocating for migrant workers’ rights. Not only do they have ground knowledge of the issue, but NGOs often have extensive experience and knowledge about the challenges faced by migrant workers. They are likely to be more understanding about the cultural, legal, and social nuances that impact a worker’s rights. Especially if they specialise in migrant rights, then they are usually well-versed in local and international laws governing labour rights, human rights and immigration. This area of expertise is extremely important in addressing legal issues. Next, NGOs typically establish various networks within the communities they serve. This will be beneficial for targeting population, communication, and outreach. In addition, NGOs are likely to maintain a relationship with government agencies, international organisations, and other stakeholders. This can be used as leverage to advocate for policy changes to favour migrant workers. Finally, NGOs can coordinate and lead public campaigns effectively. By utilising their resources, the project can gain media attention and mobilise public support for the cause.

Conclusion:

The issue regarding migrant rights is not new. Living in Thailand, you hear stories and rumours about the conditions that these workers have to go through just to survive. Some of them give up their bodies just to have hot meals on their plates. With an increasing population of migrant workers, it is time for a call for immediate change because the problem has long surpassed the ordinary office complaint. The problem is raised to provide migrant workers with the rights that they lost once they entered Thailand. We are currently dealing with the mistreatment of human beings. When migrants enter the country, they aspire to find a life they could not have where they are from, instead of a warm welcome, they are being stripped of their human rights and treated like animals.