Hidden Survivors: The slave-like conditions of Cambodian, Lao and Burmese migrant workers in Thailand

The plight of migrant workers is going from bad to worse, with more restrictions placed on their movements and cultural activities

Thursday July 05, 2007
Sanitsuda Ekachai
Bangkok Post

As Thailand tightens its grip on migrant workers in the belief that they are potential criminals, Soe Moe's story reveals the appalling slave-like conditions migrant workers face in a society indifferent to their needs.

In 2004, Soe Moe, 27, an ethnic Mon from Burma, was among 110 crew aboard the Praphasnavee fleet of six deep-sea trawlers headed for Indonesian waters.

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."