Law makes a mockery of human rights

Some migrant workers made a statement this week on Thai social media. Many shared photos posing with their passports, ID cards and even employment documents festooned about their bodies.

Some strung their documents into necklaces. One man tied a few ID cards to his forehead. Another attached every document he had to his back to show he works in Thailand legally.

It was their immediate response to the government’s issuance of an emergency decree on migrant labour management on June 23. With its “harsh” penalties on the recruitment of undocumented migrant workers, the decree was supposed to be “strong medicine” to battle human trafficking.

Unfortunately, this medicine has instead triggered fear among many smalland medium-size business operators who depend on migrant labour. It also panicked migrant workers who flocked to the borders to get out of Thailand.

But will the new law solve the chronic problems of human trafficking and the corrupt bureaucratic system of migrant labour management as intended?

As of May, according to the Department of Employment, over 1.26 million documented migrant workers from Cambodia, Laos and Myanmar were in Thailand. It’s estimated that undocumented migrants number one to two million.

The figures seem to have alarmed many Thais who hold traditional views of migrants as a national security threat or a burden on public resources. Those from Myanmar are even classified in the historical context of being viewed as descendants of “the enemy” of old Siam.

These perceptions reflect deeply rooted nationalism among many Thais who believe the presence of “too many foreigners” poses a threat to our nation which “has never been colonised”.

Migrant workers are often seen as separate to Thai society. As a result, some people think it is okay to limit their rights or even punish and exploit them.

Interviewing many migrant workers over the past few years, I found similar stories of them being smuggled and exploited through many corrupt systems in Thailand. They shared backgrounds of being abused and exploited by brokers. They had to pay bribes and be temporarily kept in dark, locked rooms being being taken to their employers.

There are also many stories of illegal brokers and smugglers who brought workers to Thailand against their will.

Many were trafficked in harsh conditions in fishing boats, helping to bring seafood to our dining tables and our export markets. Sadly, they ended up abused, tortured and even killed on these boats.

Only rarely do we hear about brokers and smugglers being arrested. In 2015, after authorities discovered trafficking camps in Thailand’s southern provinces, a high-ranking military officer was among 103 civil servants and civilians arrested for suspected involvement in trafficking Rohingya refugees.

Even as this and other cases prove the Thai bureaucratic system is corrupt, migrant workers are still seen as criminals rather than victims. This notion is reflected in the new decree, now suspended for six months.

Unregistered migrant workers who are not victims of human trafficking, will face a maximum of five years in prison and/or a fine of 2,000 to 100,000 baht under the decree. Those who are found taking a job, working in a location or with an employer different to what is stated in their work permits will be fined up to 100,000 baht. These penalties will only push more migrants into underground work and exploitation.

But brokers or smugglers who run trafficking rings face a maximum of six months’ imprisonment and/or a maximum fine of 100,000 baht.

Employers will be fined from 400,000 to 800,000 baht for each unregistered migrant worker they hire. No jail terms for them. No penalty is prescribed for corrupt officials.

This shows that lawmakers overlooked or rejected the fact that human trafficking involves corruption within the Thai bureaucracy and among influential people. The law bypasses the need for human rights to protect trafficking victims.

It does not recognise the importance of migrant workers who help drive the Thai economy and take on jobs that Thais won’t do.

The government must promote the contribution of migrant workers to the economy and bring them into the legal employment system by making registration an open, year-round and uncomplicated option.

It is the government’s job to ensure they are protected.