Street Vending in Bangkok: Legal and Policy Frameworks, Livelihood Challenges and Collective Responses
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Street Vending in Bangkok: Legal and Policy Frameworks, Livelihood Challenges and Collective Responses November 2014 Chonticha Tangworamongkon WIEGO LAW & INFORMALITY PROJECT Street Vending in Bangkok: Legal and Policy Frameworks, Livelihood Challenges and Collective Responses Women in Informal Employment: Globalizing and Organizing is a global network focused on securing livelihoods for the working poor, especially women, in the informal economy. We believe all workers should have equal economic opportunities and rights. WIEGO creates change by building capacity among informal worker organizations, expanding the knowledge base about the informal economy and influencing local, national and international policies. WIEGO’s Law & Informality project analyzes how informal workers’ demands for rights and protections can be transformed into law. HomeNet Thailand aims to enhance homeworkers’ capacities in production and management, promote and strengthen informal workers’ organization, promote labour standards and social protection, and influence government policies in relation to the legal and social protection of informal workers. Publication date: November 2014 Please cite this publication as: Tangworamongkon, Chonticha. 2014. Street Vending in Bangkok: Legal and Policy Frameworks, Livelihood Challenges and Collective Responses. WIEGO Law and Informality Resources. Cambridge, MA, USA: WIEGO. Published by Women in Informal Employment: Globalizing and Organizing (WIEGO). A Charitable Company Limited by Guarantee – Company No. 6273538, Registered Charity No. 1143510. WIEGO Secretariat WIEGO Limited Harvard Kennedy School, 521 Royal Exchange 79 John F. Kennedy Street Manchester, M2 7EN Cambridge, MA 02138, USA United Kingdom www.wiego.org Copyright © WIEGO. This report can be replicated for educational, organizing and policy purposes as long as the source is acknowledged. Table of Contents Introduction .......................................................................................................................................... 1 1. Law and Policy Framework ........................................................................................................... 3 Legal Framework ............................................................................................................................. 3 National Level ........................................................................................................................... 3 City Level ................................................................................................................................... 4 Policy Framework ........................................................................................................................... 6 2. Current Approach to Street Vending in Bangkok .................................................................... 9 Box 1 ............................................................................................................................................... 13 Box 2 ................................................................................................................................................ 14 3. Characteristics, Working Conditions and Challenges Facing Street Vendors ................ 16 Age, Education and Places of Origin ......................................................................................... 16 Past Experience and Vending Experience ................................................................................ 16 Types of Vendors .......................................................................................................................... 17 Locations of Vending ................................................................................................................... 18 Working Hours ............................................................................................................................. 19 Vending-Related Fees .................................................................................................................. 20 Income, Savings and Debt ........................................................................................................... 23 Access to Social Protection and Government Support ........................................................... 24 Occupational Health and Safety ................................................................................................. 25 Other Challenges: Complaints .................................................................................................... 26 4. Vendor Organizations: Experiences of Protecting Vendors’ Right to Livelihood ........... 29 Past Record of Organizing .......................................................................................................... 29 Case Study: Nakkeela Community Service Cooperative ....................................................... 32 5. Conclusion and Discussion ........................................................................................................ 35 6. Recommendations ........................................................................................................................ 37 References .......................................................................................................................................... 39 Introduction Trading on pavements, known as street vending, is an economic activity prevalent in the capital city of Bangkok, Thailand. While recognized for its contribution to alleviating poverty and unemployment, and for its function in distributing inexpensive food and consumer goods to low-income residents, street vending is commonly blamed for a range of problems, including footpath and road congestion, street littering and bribery. It is even considered as a distinct feature of underdevelopment. Unsurprisingly, robust state efforts in removing street vending out of public space are a common problem for those who make a living from this trade. Admittedly, it is a challenge to achieve adequate regulation of street vendors. Stringent persecution of unauthorized vendors who merely trade for their livelihood and to support their families may be considered as lacking empathy for the vendors’ plight by a significant, sympathetic portion of the public (many of whom regularly utilize the services that street vendors provide). But lenient regulation may open the way for corruption and more street vendors, intensifying pedestrian congestion. In this case, marginalized pedestrians would raise questions with law enforcers and question street vendors about “the grab of public space for personal profit”. Apparently, either stringent or lenient regulation would potentially lead to public outcry. This report examines the implications of street vending-related laws and policies in Bangkok, and assesses the limitations of past and ongoing organizing efforts of street vendors to protect their vending rights. To do so, the report is organized into four sections. It starts with a discussion of the national laws and city-level regulations and the implications on the vendors. The next section elaborates on the current regulating approach and practices on street vending and types of street vendors as determined by legal status. The third section will shed light on street vendors, their socio-economic backgrounds, working conditions and challenges they face. Next, the report will trace street vendors’ efforts to organize, largely in a bid to protect their right to livelihood. Cases of organizing street vendors will be presented with their limitations discussed. Based on the findings, recommendations for the Bangkok Metropolitan Administration as manager and regulator of street vendors in Bangkok will be made as well as recommendations for street vendors themselves. Street Vending in Bangkok: 1 Legal and Policy Frameworks, Livelihood Challenges and Collective Responses The methods used to collect the data were: (1) literature review (2) web search and (3) interviews. The reviewed literature includes scholarly academic journals, theses, international organization reports and government reports. Largely due to limited size of literature exploring street vendors in relation their organizing activities and the state’s crackdowns, a comprehensive web search was undertaken and heavily relied on for information as well as to access discourses related to street vending. These two methods were conducted during July-September 2014. Last but not least, in-depth interviews with 11 street vendors from different areas across Bangkok were performed and another 10 vendors were approached on the street for informal conversation during their vending operation. The interviews were carried out during July to August, 2014. 2 WIEGO Law & Informality Project 1. Law and Policy Framework Legal Framework Laws and regulation related to street vending can be divided into two levels: National Level The Public Cleanliness and Orderliness Act B.E. 2535 (1992) Article 20 prohibits food preparation and selling of commodities in public space, either in a fixed spot or peddling. Violators are liable for a penalty not exceeding 2,000 baht. However, local officers are authorized to designate spots, in collaboration with traffic officers, for food vending and selling goods in public space. Likewise, Article 39 prohibits installation, placing and hanging any items in public space unless permission is obtained from authorized local officers. Violators will be arrested and prosecuted;