ILO/Japan/HRDF Seminar on Managing and Understanding Labour Migration through Social Dialogue at the Provincial Level
(Samut Sakorn)
Since the 1990s Thailand has been a net receiving country of migrant workers and its present economy is heavily reliant on this substantial ‘informal’ labour force. The vast majority of the approximately 2 million low skilled migrants in Thailand are from Burma, the majority are unregistered, and significant proportions are women. Almost all of these workers originally entered Thailand illegally without any documentation, given the long delayed implementation of the Thai and Burmese Memorandum of Understanding for the legal admission of Burmese workers into Thailand.
Reflecting government policy to restrict kinds of work migrant workers can undertake in Thailand to either household and/or manual labour, Burmese migrant workers are employed in 3D jobs in key industries of the Thai economy, including construction, agriculture, fishing and fish processing, intensive factory work and domestic work. The main challenges faced by these workers include: (a) an inflexible migrant registration system; (b) exploitation at work; (c) dangerous work with no means to access accident compensation systems; (d) severe restrictions on freedom of movement; (e) restricted access to medical services and the prevalence of diseases; (f) cramped and unhygienic living conditions; and (g) being frequent victims of official corruption. Although Thailand is considered a ‘developing’ country and conditions for Thai workers continue to remain unsatisfactory according to international labour standards, it is widely acknowledged that the living and working conditions for migrants in Thailand are substantially lower than that for native Thais.
A key factor impinging on the ability of migrant workers to register, integrate, live and work comfortably in Thailand, as well as to be acknowledged as significantly contributing to the economy, is the Thai government’s reluctance to give due consideration on the aspects of human rights, social rights and labour rights in its management of labour migration. The government generally develops labour migration policies by focusing on two considerations: (1) National Security; and (2) Market Advantage. Discrimination against migrants is prevalent and frequently nurtured by government and media, and recent migrant worker curfews at a provincial level provide further evidence of increasing restrictions on migrant’s basic human rights. The rule of law that treats all human beings equally, and provides basic rights under the laws of Thailand, is frequently sidelined when considering policies on irregular migration.
To compound the existing societal challenges faced by migrant workers integrating successfully into Thai society is their inability to improve their working conditions. At its roots, this inability stems from migrant workers’ lack of bargaining power with employers as well as a lack of external support from weak enforcement of labour standards by government officials. This lack of bargaining power of migrant workers is not surprising given lack of an organised labour movement in general in Thailand. Attempts to improve living and working conditions of migrant workers in Thailand have generally met with little success.
In 2007 and 2008 the ILO/Japan project supported and worked with the Human Rights and Development Foundation (HRDF) to develop a paralegal training guide on promoting migrant workers’ rights to equality before the law and access to justice. The training guide is a practical tool to be used by non-governmental organizations and government officials to promote the awareness of migrant workers with respect to their basic workers’ rights, international labour standards, their rights under the Thai laws, and the procedures for access to legal justice. The training guide in Thai and Burmese languages have been published and made available to stakeholders. The ILO/Japan and HRDF have also organized the training of trainers workshops on paralegal for Burmese NGOs and trade union and Thai NGOs to assist migrant workers access to legal justice and defending their legitimate rights under the Thai’s laws.
With input and support from BWI, Solidarity Centre, Canada Fund and OSI, HRDF started its Migrant Justice Programme (MJP) in August 2007. A central component of MJP’s work is the organising of migrant communities, with assistance from trade union organisers. This organising complements MJP’s other key programme components of strategic advocacy and litigation, paralegal assistance, action research and educational awareness raising. MJPs works in two programme locations, Chiangmai Province in Northern Thailand (since Aug 2007) and Samut Sakorn Province bordering Bangkok (from Feb 2008). The ILO/Japan project also partially supported training activities in Chiangmai province in 2008.
One element that has been lacking from MJP’s work however is effective networking with provincial governmental officials and provincial employers and employer bodies. However, provincial regulations have been enacted both in Chiangmai and Samut Sakorn since late 2008 that had significant impacts on migrant workers. These regulations prevented migrant workers from engaging in cultural activities, riding motorbikes and had a significant role in the scapegoating migrant communities. One way to view the enacting of these regulations is a ‘lack of understanding’ by provincial officials as to the potentially beneficial role of migrant workers in their communities, the most effective ways to manage migrant workers, a lack of migrant worker representation on provincial decision and policy making bodies and lack of networking between officials, employers, trade unions, workers and migrant NGOs. Finally, there is a lack of social integration of migrant workers into host Thai communities.
This proposal requests technical and funding support for a 2 ½ day “Managing and Understanding Labour Migration through Social Dialogue in Samut Sakorn Province planned for October 2009. This workshop will be interactive. There will be resource assistance from ILO experts and academics, as well as participation of national and provincial policy decision makers, provincial government officials, employers, trace unions, migrant NGOs and the migrant workers themselves. The workshop will increase government and employer understanding of migrant workers, increase networking between stakeholders, increase migrant confidence to input into provincial policies and cement a central role of HRDF. This workshop will be the first stage of quarterly one day provincial meetings funded by HRDF’s existing funders in the future.
Three key problems can be identified as the route justification by HRDF for planning this provincial social dialogue in Samut Sakorn Province as follows:
i. Lack of dialogue between Burmese migrant workers, migrant NGOs, migrant employers and provincial government policy makers/officials on provincial policies and practices for managing migrant workers;
ii. Lack of provincial government policy maker/officials understanding of migrant workers and their cultures, migrant community concerns, national migrant worker policies/laws, national/international migration trends and roles of migrant NGOs and trade unions;
iii. Lack of interaction between different provincial government departments working on migrant worker issues.
The goal of this provincial social dialogue is the promotion and support by HRDF of ‘migrant worker provincial policies and practices that increasingly improve working and living condition of migrant communities, contribute to the effective integration of migrant communities into Thai society and provide a voice to migrant concerns.’
The objectives of this provincial social dialogue are as follows:
i. Increased networking between government policy makers and officials, migrant workers, Thai trade unions, migrant NGOs and migrant employers in planning and implementing future provincial migrant worker policies and practices;
ii. Providing a model/case study in interactive provincial planning for the enacting of effective migrant worker policies;
iii. Increased migrant worker confidence and ability to input into migrant worker issues at a provincial level.
The target group for this activity is as follows:
Provincial Samut Sakorn Governor and Governors Office
Ministry of Labour, National Security Council, Internal Security Operations Commission, National Human Rights Commission and Alien Workers Committee Officials
Samut Sakorn Provincial Government Officials from Employment, Labour Protection, Social Security, Social Development and Human Security, Health, Ampur, Labour Court and Police Departments
Samut Sakorn Local Government and Tambon Officials
Thai Trade Union Representatives
Samut Sakorn Migrant Employer Representatives
Samut Sakorn Migrant Non Government Organisations (NGOs)
Samut Sakorn Thai Civil Society Representatives
Migrant Worker/Economics Academics
The indicators of the impacts resulting from this programme are as follows:
a) Interactive Provincial Migrant Worker meetings will occur with increasing frequency in Samut Sakorn province (6 Months to 1 Year Evaluation);
b) HRDF and Migrant Worker communities will have an increasingly positive role in interacting with provincial government officials in Samut Sakorn province to promote effective planning for addressing provincial migrant worker issues (6 Months to 1 Year Evaluation);
c) Meeting conclusions will be combined into a meeting report that can be and is utilized by all stakeholders to the meeting (by Nov 30th 2009);
d) Positive feedback from government officials, employers, migrant workers and unions relating to their involvement in the retreats by means of analysis of a post workshop evaluation questionnaire (by Dec 2009).
The institutional framework for this programme will be as follows:
HRDF will organise the workshop, participants and facilitators, as well as respond for all administration and financial matters. The responsible person on this work is Mr. Andy Hall, Director of HRDF’s Migrant Justice Programme. He will be assisted by MJPs Samut Sakorn Location Coordinator. He will submit narrative reports and Mrs. Pairat Junthong (HRDF Administrative Officer) will submit financial reports to the ILO by 30th November 2009;
ILO will provide funding and technical support for this activity, as well as serve as a resource person for a session on ‘protection of migrant workers and the rights framework’ and for some facilitating of sessions in the workshop;
Academics, government officials, migrant workers and NGOs will make presentations in a number of sessions during this workshop.
0800am: Registration and Coffee
0830am: Workshop Official Opening
Samut Sakorn Governor (or Representative) – as host
Dr. Gothom Arya (President of HRDF) – as organiser
ILO Official – as funder
0900am: Introductions
Participants for the workshop will each take a few minutes to introduce themselves to all other participants.
0930am: Presentation One – Introducing Migration and Migrant Workers ‘Overview of Migrant Workers in Thailand: Benefits and Challenges’
Aj. Kritaya
1030am: Questions and Discussion on Presentation One (facilitated by Sunee Chairot)
1045am: Coffee Break
1100am: Presentation Two – Introducing Migration and Migrant Workers
‘Migrant Workers in Thailand and a Rights Framework’
ILO Official (Prachar)
1130am: Presentation Three – Introducing Migration and Migrant Workers
‘Being a Migrant Worker in Thailand’
President - Migrant Workers Rights Network (MWRN)
1200pm: Presentation Four – Introducing Migration and Migrant Workers
‘Working with Migrant Workers in Thailand’
HRDF’s Migrant Justice Programme MHC (Tuiy)
1230pm: Questions and Discussion on Presentations Three and Four (facilitated by Sunee Chairot)
1300pm: Lunch
1400pm: Round Table Discussion – Benefits and Challenges of Migrant Workers
Each participant will be given 15 minutes to present
Ministry of Labour Representative
Committee on Alien Migrant Workers Representative
National Security Council Representative
Employer Representative
Thai Trade Union Representative (TCLR)
Pi Non – Lawyers Council of Thailand
(Facilitated by Sunne Chairot, former NHRC Commissioner)
1500pm: Questions and Discussion (facilitated by Sunne Chairot)
1530pm: Coffee Break
1545pm: Group Exercise One – Benefits and Challenges of Migrant Workers
All participants will be asked to break up into 4 groups for this activity.
1. Group One: officials and employers
2. Group Two: officials, employers and Thai community representatives
3. Group Three: migrant workers, NGOs and unionist
4. Group Four: ILO officials, academics, NGO, religious leaders
During this activity, each group will discuss at length and then list in two separate columns the perceived benefits and challenges arising from migrant workers from Laos, Cambodia and Burma for Thailand’s economy, society and culture.
1645pm: Presentation of Group Exercises and Discussion (facilitated by Sunne Chairot)
1730pm: Summary of Days Activities, Introduction of Day Two Activities and Closing (HRDF Staff)
1800pm: Dinner
1930pm: Evening Lecture
‘Culture, Conflict and Solutions’ – Lessons from Working in the South of Thailand (TBC)
0800am: Breakfast
0900am: Introductory Thoughts - Managing Migrant Workers Sustainably and Provincial Migrant Registration Policies and Practices (each participant on this panel will have 15 minutes to introduce their ideas for the effective management of migrant workers)
Head of Employment Office, Samut Sakorn (*tbc)
Nai Ampur, Mahachai District, Samut Sakorn (*tbc)
ISOC Representative
Local Government Officer, Samut Sakorn
Migrant Employer, Samut Sakorn
Migrant Worker, Samut Sakorn
(Facilitated by Pracha, ILO)
1030am: Discussions and Questions (facilitated by Pracha, ILO)
1045am: Coffee Break
1100am: Group Exercise Two - Ideas for Increasing the Effectiveness of Managing Migrant Workers on a Provincial Level
All participants will be asked to break up into 4 groups for this activity.
1. Group One: officials and employers
2. Group Two: officials, employers and Thai community representatives
3. Group Three: migrant workers, NGOs and unionist
4. Group Four: ILO officials, academics, NGO, religious leaders
During this activity, each group will be asked to brainstorm for ideas on the more effective management of migrant workers in Samut Sakorn Province. Topics for discussion should include increasing the effectiveness of migrant registration systems, interaction between employers, officials, NGOs and migrant workers, community ownership of migrant workers for community safety and security, and the realities of migrant community lives.
1200pm: Presentations and Discussions (facilitated by Prachar, ILO)
1230pm: Lunch
1330pm: Government Official Presentations
Government officials will be asked to present for 20 minutes on their experiences of working with migrant workers and/or their ways to overcome the challenges faced
Social Security Office (Chiangmai)
Department of Labour Protection and Welfare (Mae Sot)
National Human Rights Commission (Ms. Sunee Chairot)
Labour Court (Mae Sot)
Ministry of Public Health (Chiangmai)
(Facilitated by SERC)
1445pm: Questions and Discussions (facilitated by SERC)
1500pm: Coffee Break
1515pm: Group Exercise Three – Improving Services and Service Access for Migrant Workers on a Provincial Level
All participants will be asked to break up into 4 groups for this activity.
1. Group One: officials and employers
2. Group Two: officials, employers and Thai community representatives
3. Group Three: migrant workers, NGOs and unionist
4. Group Four: ILO officials, academics, NGO, religious leaders
For this activity, all participants will be asked to reflect on and brainstorm as to means for officials, Thai communities, NGOs, employers and migrant workers to increase the effectiveness and access to services for migrant workers at a provincial level.
1615pm: Presentation and Discussions (facilitated by SERC)
1715pm: Summary of Days Activities and Closing (HRDF)
1800pm: Dinner
1930pm: Evening Lecture
‘Burma and Thailand: Views from the Edge – The Life of Burmese Migrants’
0800am: Breakfast
0900am: Group Exercise Four – Moving Forward at a Provincial Level
All participants will be asked to break up into 4 groups for this activity.
1. Group One: officials and employers
2. Group Two: officials, employers and Thai community representatives
3. Group Three: migrant workers, NGOs and unionist
4. Group Four: ILO officials, academics, NGO, religious leaders
For this activity, each group will be asked to consider the previous two days of activities in detail and then make a realistic list of what they think are workable or potential ways to move forward for managing and working with migrant workers on a provincial level. In particular, a number of priorities for each group should be highlighted as areas of pressing concern that need to be worked on in future meetings of this kind (Facilitated by Somchai Homlaor, HRDF)
1030am: Coffee Break
1045am: Presentation and Discussion (Facilitated by Somchai Homlaor, HRDF)
1130am: Closing Round Group Discussion: Means to Move Forward
Coffee Break (each participant on this panel will have 15 minutes to summarise their ideas from the three days of the workshop and/or from the ideas they have just heard presented)
Governor of Samut Sakorn Province (or Representative)
Employer Representative
Sunee Chairot, former NHRC Commissioner
Pracha, ILO
Migrant Worker
(Facilitated by Somchai Homlaor, HRDF Secretary General)
1245pm: Final Comment, Official Closing and Official Photograph (Somchai Homlaor, HRDF Secretary General)
1300pm: Lunch and Departures
9. PARTICIPANTS
President of HRDF (1)
ILO Officials (2)
Aj. Kritaya (*tbc) (1)
Additional Academic (1)
MoL Official (1)
NSC Official (1)
ISOC Official (1)
NHRC Official (1)
Ms. Sunee Chairot (*tbc), Former NHRC Official (1)
Committee on Alien Migrant Workers Representative (1)
Samut Sakorn Provincial Officials - one from each of SSO, DLPW, Employment, MoPH, MoSDHS, Police, Governors Office, Labour Court and Ampur Office (9)
Samut Sakorn Local Government Officials (2)
Department of Labour Protection and Welfare [Mae Sot] (1)
Ministry of Public Health [Chiangmai] (1)
Social Security Office [Chiangmai] (1)
Labour Court [Mae Sot/Nakhon Sawan] (1)
Migrant Workers Representatives (4)
HRDF and/or Local NGO staff (5)
Employer Representatives (2)
Samut Sakorn Civil Society Representatives (2)
Religious Community Leader (1)
Thai Trade Unionists (2)
Total: 42 Persons
Part Participation for Presentations/Facilitation
Provincial Governor (1)
Head of Mahachai Employment Office (1)
Nai Ampur Mahachai (1)
Evening Lecturers (2)
Total: 5 Persons
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