December 2010 TDRI Quarterly Review 3

Exploitation and Discrimination Experience of Migrant Workers in Five Provinces*

Yongyuth Chalamwong Raphaella Prugsamatz Khanittha Hongprayoon**

INTRODUCTION METHODOLOGY

Migrant workers have become one of the important The methodology was classified into two cate- sources of labor in ’s economic system. They gories: qualitative and quantitative. For the qualitative help overcome labor shortages in various industries and category, a situation assessment of the exploitation of perform jobs that Thai workers are reluctant to do: the and discrimination against migrant workers in Thailand so-called “3D jobs,” those are dirty, dangerous, and was conducted in five selected provinces, namely difficult. Various economic analyses have consistently , Samut Songkhram, Samut Prakan, revealed the significant contributions of migrant workers , and . The aim of this to the Thai economy, including increases in the country’s assessment was to gather data from stakeholders– gross domestic product (GDP) as long as the number of employers, local authorities, and migrant workers–using migrant workers coming into Thailand increases in face-to-face interviews and focus group discussions. tandem. Their contributions are valued at about 760 Qualitative thematic analysis and force field analysis million baht in real national income per year. Yet were also used: the qualitative thematic analysis Thailand still has not taken a strong stance in protecting for drawing out the preliminary findings from the the rights of migrant workers, such as by protecting their situation assessment by categorizing information under labor rights as well as their human rights. While various common themes, and the force field analysis for policies, laws, organizational systems, and frameworks evaluating the empowerment of migrant workers which exist that purport to empower migrant workers in the involved setting up key criteria, including the protection of their own rights, no real progress has been driving forces that promoted empowerment and the made over the past decade in terms of implementation. restraining forces that worked against it. The indicators Today, migrant workers still have to deal with the same established for the force field analysis are presented in issues that they have been enduring ever since the Table 1. government first started the registration system for The result of qualitative data collection was migrants. A situation assessment and a Knowledge, used to create a KAP baseline survey for quantitative Attitude and Practice (KAP) baseline survey were data collection. The baseline survey was divided conducted in five selected provinces in Thailand where into four parts: general characteristics; basic knowl- migrants work for local employers, in the hope that edge of related laws and regulations; experience better evaluative criteria could be established for with discrimination and exploitation; and accessi- assessing the empowerment of migrant workers in the bility of services and information. A total of 607 protection of their rights, and for filling the gaps that still samples were collected in the target provinces. exist in the country’s labor protection policies, laws, Data analysis included both quantitative and quali- mechanisms, and interventions. Many of these need to tative statistical analysis methods. The main variables be revised and rectified in order to truly accommodate were sex, nationality, age, occupation and marital the numerous migrant workers in the country. status.

* This paper is based mainly on the results of the research project entitled “Empowering Migrant Workers in Labor and Social Protection,” funded by the Raks Thai Foundation. ** Dr. Yongyuth is Research Director for Labor Development, Ms. Raphaella was former Researcher, and Ms. Khanittha is Researcher, Human Resources and Social Development Program, TDRI. 4 TDRI Quarterly Review Vol. 25 No. 4

Table 1 Indicators for the Force Field Analysis

Drivers Restrainers Existence of formal mechanisms and interventions Lack of effective interventions and mechanisms at the local level Awareness of problems and obstacles at the local Weak enforcement of national policies and laws due to the lack of level decision-making power Knowledge of the various forms of exploitation Insufficient resources experienced by all parties involved and discrimination Existence of local non-governmental Labor shortages experienced by local employers organizations and informal systems Participation in training and education initiatives Competitive business environments affecting the balance of business costs, productivity and the social aspects of migrant workers Efficient management systems in large employer Existence of the broker system that affects all parties involved organizations Sensitivity toward the human rights of migrant Communication barriers in current systems and between all parties workers involved Tacit understanding by migrant workers of their Current trends in the exploitation of and discrimination against migrant labor rights workers Willingness to change existing systems and adopt Negative attitudes toward migrant workers at the local level new management mechanisms Acknowledgement and understanding of the Political and accountability pressures by national security authorities, local economic contribution of migrant workers negatively impacting the protection of migrant workers’ labor and human rights

SITUATION REPORT without skills, and therefore fit only to work in labor- intensive industries offering 3D jobs. Moreover, The situation assessment revealed some common although migrant workers were also perceived as closing problems across the five provinces, which were experi- the country’s labor gaps in areas where Thai workers are enced by the local authorities, employers, and migrant in short supply, while contributing to the country’s workers when using the registration system and when economic growth, they were still perceived as second- abiding by the national policies and laws designed to class citizens. Some people view them as a threat to protect the migrant workers. It was discovered that the Thailand’s national security, referring to increasing local authorities experienced problems related to the social problems and the prevalence of non-endemic management of the labor migration process, the registra- diseases in the country as a consequence of migration. tion process, and the enforcement of local policies and Some local communities and workers invariably view laws designed to protect the rights of migrant workers. migrant workers as having stolen local jobs and usurped Employers often complained about the lack of clarity in business activities. With regard to the rights of migrants, local policies and laws, the high risk of losing their the attitudes of Thais are generally positive, migrant workers even after registering them, the lack of acknowledging that migrant workers are in fact entitled resources which pushed them to hire workers illegally, to the same rights as local workers, especially when they competitive business environments, labor shortages, the are viewed as being more hard working, dedicated, lack of training provided to their workers, the high responsible, and loyal than local workers. dependence on the broker system, and problems related The result of the force field analysis showed that to extortion by local authorities. For migrant workers, only in did driver scores the main problems encountered included the high fees outnumber restrainers; in the other provinces restrainers prescribed under the registration system along with the outnumbered drivers. Figure 1 compares scores in the system not being easily accessible; the dissemination of five provinces. Geography is another factor to be false information by local authorities, employers, and concerned, as Nakhon Si Thammarat and Surat Thani brokers; their high dependence on the broker system; provinces have wider gaps between drivers and their lack of access to legal mechanisms and interven- restrainers compared with the other provinces. tions; their inability to work even after officially regis- tering; their inability to fully access various social services and medical resources; their lack of access to KNOWLEDGE, ATTITUDE AND PRACTICE OF local training and skill development; and their lack of MIGRANT WORKERS national identity. Common attitudes toward migrant workers across As mentioned in the previous section, the number the five provinces were also identified. The study of samples in this survey totaled 607, that is, 184 from revealed that local communities, authorities, and Samut Sakhon, 113 from Samut Prakan, 115 from Surat employers often perceived migrant workers as being Thani, 117 from Nakhon Si Thammarat, and 78 from

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Figure 1 Comparison of Scores in Five Provinces

Samut Sakhon 100 80 60 40 Samut Surat Thani 20 Songkhram 0 Drivers Restrainers

Nakhon Si Samut Thammarat Prakan

Samut Songkhram. Most of the samples (542) were a deduction in their salary without having been given nationals of , while the remaining 65 were advance notice; of that proportion, 21 percent received a nationals of Cambodia. The majority of the migrants late payment, and 17 percent no payment for the work were resident in Thailand for one to three years. They that they had performed. usually lived with family/relatives or a spouse; the data As for knowledge of related laws and regula- showed that most of them had relatives in Thailand. tions and other necessary information, the study dis- As for their working status, the migrants usually used covered that the migrant workers who were younger the channel of family/relatives for their job search. Half than 15 years of age had no knowledge of the law. When of the samples replied that they had never previously comparing among the topics known, the Alien Workers changed their job; 80 percent of the sample had regis- Act B.E. 2551 (2008) ranked the highest, while the tered with the Thai authorities, and the majority of them Royal decree B.E. 2522 (1979) describing the occupa- usually paid between 4,501 and 6,000 baht per person in tions and professions that are not open to aliens ranked registration fees. For most of them, their income also the lowest. Most migrant workers gained knowledge via ranged from 4,501 to 6,000 baht per month. Although self-study and family/friends respectively. In accessing the number of registered workers is large, the color- the necessary information, such as labor rights/stan- coded work permit used for different occupations seems dards, migration registration, national verification, and not to match with the actual occupation of the migrants; occupational health and safety, the average opportunity for example, only three samples out of the 106 registered to assess such information was around 3.30, which as fishery workers had the color-code blue on the back means that one migrant had assessed at least three topics. of their work permits and only two samples out of the Fishermen ranked the lowest in accessing information 213 registered as fishery-related workers had the color- compared among the four occupations assessed. Non- code orange on the back of their permits. These governmental organizations (NGOs) were the major examples also show the failure of the government source of information for migrant workers. Furthermore, system to control the number of migrant workers the information for nationals of Myanmar was usually registered for each of the occupations allowed. provided in the Burmese language while that for With regard to compensation and benefit Cambodians usually was in Thai. negotiations, the survey found that more than 85 percent As for the experience of exploitation and discri- of the samples never had any experience in collective mination, the results of the study are listed below: bargaining; most of this proportion also had no expe- - Gender exploitation: The survey found that rience in bargaining individually with their employers. most pregnant workers were allowed to work From those who had experience in bargaining both in the same position in certain periods; individual and collective bargaining, majority of them however, some pregnant women reportedly ask for wage increasing; this was followed by issues were fired as result of maternity issues. concerning working hours. Reluctance in negotiations and collective bargaining can lead to discrimination in - Assessment of health and service: The the payment of income from employers. The study found majority of migrants received a physical that more than 48 percent of the sample had experienced examination, including blood and urine tests,

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before being employed. In making RECOMMENDATIONS comparisons among the four occupations, those working in the fishery sector had the - Migrant workers still receive unfair pay. smallest number of physical exams. Most Some of them never received any payment migrant workers never received the result of from their employers while others had their physical examination; moreover, some amounts deducted from their pay without workers were fired because of the result of having been informed first. Such problems their physical examination, if it revealed should be addressed by the relevant HIV/AIDS, for example. organizations, especially the government. - Local police: Migrants revealed that the - The basic type of abuse, including physical, reason for being arrested was that they did verbal, and sexual abuse, is different among not have work permits or related documents. areas and occupations. One of the reasons is Most of these were fishermen; however, they the limitation of resources from government explained that for some of the migrants the sectors; therefore, the government needs to reason for being arrested by the police was to collaborate with NGOs as well as local get them to pay the fine from their own communities in order to identify cases of pocket, although some employers paid such exploitation and discrimination that occur in fines. each community. - Local community: Of the five provinces, - There should be collaboration between the Nakhon Si Thammarat had the highest level government and NGOs in protecting of exploitation by the local community. Most migrants from various forms of exploitation migrants agreed that they were prevented and discrimination by employers, especially from participating in public activities in that with regard to child labor issues. Migrants province. between the ages of 15 and 18 should be protected by the amended Thai labor law. Besides the above, the study also found several other types of abuse which are outlined below: - The enforcement of national policies and laws should be improved by establishing - Gender abuse: The highest level of gender better standards and criteria for evaluating abuse occurred in ; the effectiveness of national policies and most of the participants in that province laws. stated that they had experienced abuse from their Thai manager/supervisor. - Educating employers about the importance of providing decent work conditions for their - Assessment of health care and health service: employees should include information on the There was no result under this topic. following: (1) fundamental principles of - Local police: The survey found that there human rights, rights at work and interna- were three migrant workers who had expe- tional labor standards; (2) employment and rienced abuse at the hands of local police. income opportunities for workers; (3) social protection and social security for workers; - Employers: Abuse by an employer ranked and (4) social dialogue and tripartism. the highest among other abuse-related issues.

It was found that 18 participants had

experienced physical abuse; 26 verbal abuse; REFERENCES and two sexual abuse.

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