Thailand: labour rights defenders arrested while submitting a petition
Event- Country
- Thailand
- Initial Date
- Oct 29, 2021
- Event Description
On 29/10/2021, seven migrant workers from Cambodia were arrested and detained at Ministry of Labour(MOL) Thailand. This occurred whilst they were part of a Delegation submitting a Petition to the Minister of Labour demanding better welfare and rights of migrant workers working in Thailand, affected by the Covid-19 pandemic. The arrests occurred despite announcement on official government websites regarding the Cabinets decision to give an amnesty on documentation requirements for migrants and whilst the migrants were exercising their human rights as Human Rights Defenders. One of the main duties of MOL is” to consider complaints or requests filled to Minister “. The Minister failed in his duty to the seven migrant workers who were making an official request. On 29/10/2021, at about 9 am, a delegation from the Taskforce to Monitor the Provision of Support to Workers in Construction Sector, which included the Workers ‘Union, the Labor Network for People’s Rights, the Migrants Working Group (MWG) and migrant workers, went to meet the Minister of Labour petitioning for that the MOL ensure better welfare and rights to migrant workers especially during this Covid-19 pandemic.
Their demands included, (1) the appointment of the Working Committee on the Management of Foreign Workers from the Three Countries(Myanmar, Laos and Cambodia) with representation from the workers, civil society and state; (2) the reduction of fees and expenses, particularly for those migrants with permission to remain in the Kingdom; (3) the provision of Mandatory Health Insurance for migrant workers from these 3 countries who are employed in the private sector to be at the same rate and benefits as provided in the health insurance scheme of the Ministry of Public Health or Social Security; and (4) the repeal of Social Security Office’s regulations which impede the migrant workers’ access to protection under the Workmen's Compensation Fund Act. Around 11am while negotiations were on-going between the representatives of the delegation and the authorities ; seven migrant workers who were waiting outside the Ministry of Labour were arrested by plainclothes police officers, Immigration officers and other unidentified officials wearing vests bearing the name “The Minister of Labour Suchart Chomklin”. The authorities barged in and demanded to examine the personal documents of the seven workers. Photos were taken. The seven Cambodian migrant workers (3 women and 4 men) were arrested and taken to the Din Daeng Police Station. One of them is a single mother, who had that morning told her children she would be out to process her work permit, but will come back in the evening. Now, her two children are left motherless having no idea where their mother is. Charges against the seven were for allegedly illegally entering the country, an offense punishable under the Immigration Act B.E. 2522 (1979). Denial of access to lawyers and questionable investigations The seven allegedly were then pressured into rushing to sign the charge sheets, which can be taken as an admission of guilt. This was done before they were granted access to lawyers and/or legal representatives. There were no interpreters present. Access to lawyers was subsequently granted only at around 3 pm. The police then transferred the seven to the Immigration Detention Centre (Soi Suan Plu IDC), where they still remain in detention. Arresting these migrant workers, who are Human Rights and Labour Rights Defenders, who went to the Ministry to submit representations is wrong and a violation of human and labour rights. When Minister and Ministries Disrespect Thailand Cabinet’s Decision of 28/9/2021. It is shocking that this happens after the Thai Cabinet on 28/9/2021 had made and publicized a decision to allow undocumented migrant workers from Myanmar, Laos and Cambodia to continue to stay in Thailand to enable time for employers and migrant workers to apply and receive official permits. This reasonable decision comes in response to the Covid-19 pandemic that has affected employers, workers and also government administration. Despite this government decision, the Ministry of Interior and/or the Ministry of Labour has still failed to put in place the necessary mechanisms and procedures to give effect to the government’s decision. This government decision will apply to two groups of migrant workers including (1) undocumented workers from the said three countries who have yet to obtain their work permits; and (2) migrant workers from the said three countries who have already applied for work permits pursuant to the earlier 29/12/2020 Cabinet resolution, but have yet to receive their permits. The reported government decision was that these 2 categories of workers shall be treated as follows - The undocumented migrant workers who have yet to apply for work permits shall remain in the Kingdom and continue to work legally, and their employers must apply for work permits on behalf of the workers within 30 days after the Notification of the relevant Ministry, being the Ministry of Labour and/or Ministry of Interior, is issued and published in The Royal Thai Government Gazette. Migrant workers will be allowed to continue staying and working in the Kingdom until 28 February 2023. Almost a month later after the government’s decision, the needed Notification from the relevant Ministry is yet to be issued. This procrastination and neglect of duty has also impacted on the ability of Public Health to successfully implement its Covid 19 prevention program The procrastination of Ministers and their Ministry is appalling as it will cause great suffering not just to migrant workers but also their employers. It has been reported on the Facebook Page of Labor Network for People’s Rights that on the evening of 29/10/2021, negotiations concluded that the said seven migrant workers will be placed under Covid-19 quarantine for at least 14 days or until the Ministry Notification pursuant the 28/9/2021 Cabinet decision is issued and despite the high risk of Covid infection at detention facilities.
- Impact of Event
- 7
- Gender of HRD
- Man
- Woman
- Violation
- (Arbitrary) Arrest and Detention
- Denial Fair Trial
- Judicial Harassment
- Rights Concerned
- Labour rights
- Offline
- Right to fair trial
- Right to liberty and security
- HRD
- Labour rights defender
- WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Event Location
Latitude: 13.736881475750492
Longitude: 100.52915028472168
- Event Location
- Summary for Publications
On 29 October 2021, 7 Cambodian migrant workers and labour rights defenders, were arrested by the police while taking part to a delegation submitting a petition to the Minstry of Labour to request better welfare and rights in Bangkok, Thailand.