Thailand Law Journal 2009 Spring Issue 1 Volume 12

B. Economic Contributions Made By Burmese Migrants to Thailand
Thailand benefits enormously from Burmese migrants who fill unskilled labor shortages. As stated earlier, the general Thai population is only increasing by 0.8% per year, and the prime labor force, those fifteen to thirty-nine years of age, is no longer growing in size.⁹⁴ This has made it difficult for businesses to fill positions and stay competitive. The Asian Research Center for Migration survey in 2000 also revealed that a substantial number of firms reported that they would have to close down operations or cut their production level if they were prohibited from hiring foreign workers because there were not enough Thai workers available.⁹⁵ A 1998 survey chronicled the disaster that occurred when 81,000 foreign workers were dismissed from employment as a result of governmental policy; the firms were only able to fill 27,400 of the positions again with Thai workers.  ⁹⁶

In addition, Burmese migrants often work in occupations that are undesirable to Thai citizens because they are considered "dangerous, dirty, and degrading."⁹⁷ Thai employers not only face a stagnant work force population, but also a citizenry with rising wealth and prosperity. Thai citizens, who have more options with regards to occupations, do not want to work in fields like fishery, agriculture, and industrial sectors.⁹⁸ An example can be seen in the fishing industry where fishermen sail out into the ocean for long periods of time, ranging from a few months to several years.⁹⁹ The enormous physical and psychological toll endured helps explain why most workers in the fishing industry are Burmese migrants.¹⁰⁰ In fact, Thai workers would prefer to go to Taiwan, Singapore or Brunei to do similar work that Burmese migrants do in Thailand because the pay is five to ten times higher than the pay they would receive in Thailand.¹⁰¹ At an International Organization for Migration consultative forum, Manus Sookanijvichai, a member of the Ranong Province Chamber of Commerce, lamented that employers in Ranong province used to hire Thai workers from the Northeast, but almost all of those workers had immigrated to find work abroad.¹⁰² Most unskilled Thai workers migrate to work overseas, and illegal foreign workers, like Burmese migrants, are left to fill the dangerous, dirty, and difficult jobs in Thailand.¹⁰³

Besides filling domestic positions, Burmese migrants also allow Thai companies to better compete in the global market. Thai firms are able to reduce costs by hiring illegal migrant workers, whose wages are often lower than Thai workers.¹⁰⁴ Thai labor laws stipulate that foreign workers must be compensated with wages and employee benefits comparable to Thai nationals.¹⁰⁵ Unfortunately, however, foreign workers, especially illegal migrants, do not have the same bargaining power as Thai nationals, and therefore, are more susceptible to exploitation.¹⁰⁶ Employers use migrants' illegal immigration status and threaten deportation in order to get them to work in unconscionable conditions such as having 28-hour shifts in crowded factories with poor ventilation and safety measures.¹⁰⁷ Thus, Thai employers often pay Burmese migrants 60-70% of the wages paid to Thai citizens.¹⁰⁸ Employers have also been known to pay migrants less than the proscribed Thai minimum wage, force them to work mandatory overtime, or withhold wages.¹⁰⁹

C. Thailand's Reception of Burmese Migrants
Due to the enormous contributions made by Burmese migrants to the Thai economy, there is a general acknowledgement that Thailand has benefited from Burmese migrant labor. The Thai business community has been especially welcoming toward migrants. The consensus among business leaders is that migrants are an asset to Thailand; they contribute stability and reliable productivity, particularly in export industries, to the Thai economy.¹¹⁰ Even among the general population, there is an acceptance that migrants do contribute to the prospering Thai economy. In the 2000 Asian Research Center for Migration survey, Thai respondents believed that foreign workers should be able to work the low skilled jobs that Thai firms are unable to fill.¹¹¹

Conversely, there is also widespread fear of Burmese migrants as a threat to Thai workers. One pervasive view is that Burmese migrants are stealing jobs away from Thai citizens.¹¹² Since Burmese migrants, especially the undocumented ones, are willing to work for very low wages and in unsafe environments, many view them as driving down working conditions.¹¹³ Some have argued that this fear is well-grounded and that the presence of migrants benefits employers, but adversely affects the wages of Thai low-skilled workers.¹¹⁴ The National Economic and Social Development Board estimated that the real income of the poorest 60% of Thai households fell by 0.4% because of migrant labor, whereas the real income of the richest 40% of households rose by 0.3%.¹¹⁵ Other critics say there have not been enough studies done on the economic impact of migrants. ¹¹⁶ Still others hold that Thai low-skilled workers do not want to fill the positions taken by Burmese migrants, and thus, migrants do not directly compete against Thai workers.¹¹⁷

Burmese migrants are also viewed as criminals that destabilize Thai society and transgress on Thai laws and norms. The Thai media commonly plays on "themes of chaos, rebels, drug-running warlords, and dangers" within Myanmar's borderlands.¹¹⁸ The media widely portrays Burmese migrants, especially illegal migrants, as a source of instability inside Thailand.¹¹⁹ A prime example of the criminalization of Burmese migrants can be seen in the Thai police response to looting post the 2004 tsunami. Thai police officials reported that Burmese migrant workers had looted collapsed hotels and stolen from the wreckage of tsunami victims' homes.¹²⁰ However, compared to the looting by Thais, the number of crimes committed by Burmese migrants was insignificant.¹²¹ Nonetheless, "the Burmese are blamed because of their nationality."¹²²

IV. THAI LEGISLATION AND POLICY TO MANAGE MIGRATION
The ambivalent sentiments about Burmese migrants have in turn affected Thai public policy towards them. With growing demands by employers to allow employment of foreign workers, the Thai government developed a registration program through Cabinet Decisions to monitor and permit migrant employment. It has also cooperated with regional countries through multilateral and bilateral agreements to better manage migration. Though these efforts are a step in the right direction to make migration mutually beneficial for all parties, they have often sidelined migrants' needs and well-being.

A. Thai Cabinet Decisions to Regularize Migration
Prior to 2001, the Thai government cautiously experimented with registration programs to regularize and control migration into Thailand from Myanmar. Initially, the cabinet decisions to regularize migration were limited to certain geographical locations and made applicable to only a few occupational sectors.¹²³ For example, in 1992, employers in only ten provinces near the Myanmar border were allowed to legally hire and register migrants with the Thai government.¹²⁴ The registration program for migrant workers has expanded consistently throughout the years. Cabinet Decisions in 2002 and 2003 permitted migrant to work in all sectors and provinces.¹²⁵ In 2004, over 1,280,000 migrants registered with the Ministry of Interior and 814,000 of those registrants applied for work permits with the Ministry of Labour.¹²⁶ 2004 was the first year that the Thai government permitted family members of migrants to register.¹²⁷

The registration process is fairly complex. First, a migrant must have registered with the Ministry of Interior in 2004.¹²⁸ Migrants from neighboring countries who missed the 2004 registration date cannot register later, nor can they obtain a work permit or a permit to stay legally in Thailand.¹²⁹ These migrants can be employed only as foreign workers and can work only in the domestic and manual labor sectors.¹³⁰ A migrant who registered with the Ministry of Interior in 2004 then must register with the Ministry of Labour to obtain a work permit, get a medical health check-up, and subscribe to the national health plan.  ¹³¹ The total registration fees are 3,800 baht: 600 baht for a health check-up, 1,300 baht for subscription to the national health plan, 1,800 baht for the work permit, and 100 baht for application fee.¹³² When all of these requirements are met, the government issues a thirteen-digit identification card to the migrant, which includes the employer's name, company's name, location, and employee position.¹³³

The registration process is a step toward managing migration for the benefit of both Thailand and Burmese migrants. The registration process allows the government to meet employers' demand for unskilled labor and enables Thailand to keep its exports priced competitively on the global market. It also provides the government with statistics: how many migrants are in the country, in what sectors, and in what province. In addition, the registration of migrants gives the Thai government greater control in addressing extremely important issues such as public health, human trafficking, and slave labor exploitation. A clear example is how the registration process enables the Thai government to screen migrants for communicable diseases.¹³⁴

Burmese migrants also benefit from regulated migration. They need not fear forcible separation from their family members. They are able to do everyday tasks such as buying groceries, visiting friends, and going out for entertainment.¹³⁵ Essentially, the permits allow the migrants to live life free from the perpetual fear of detainment, imprisonment, and deportation. By registering, migrants also receive access to health care services and facilities, annual medical examinations and sound medical advice¹³⁶ through the national health plan. Most of all the permits give migrants what they most want -- the ability to work.

[FN94] Id. at 5.

[FN95] Pitayanon, supra note 54, at 13.

[FN96] Id. at 14.

[FN97] Kari Tapiola, ILO Executive Director for Standards and Principles, Remarks at the Celebration of the Entry into Force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Geneva, Palais des Nations (July 1, 2003); see also Marwaan Macan-Markar, Thailand: Burmese Migrant Workers Underpaid and Exploited, IPS-INTER PRESS SERV., Apr. 12, 2004.

[FN98] Id.

[FN99] Interview with Myint Aung, Clinic Manager, Rak Thai Foundation, in Samut Sakhon, Thail. (Aug. 8, 2005). Myint Aung explained that many of the Burmese migrants do not know what kind of employment contract they enter. Migrant workers go through sub contractors, usually recruiters they meet near the border, who do not explain the risks and burdens involved with a job.

[FN100] Id.

[FN101] Pitayanon, supra note 54, at 14. In 2004, 148,600 Thais left to work abroad. Of those, 69, 982 Thais left for Taiwan, 11,338 went to Singapore, and 5,680 migrated to Brunei. THAILAND OVERSEAS EMPLOYMENT ADMINISTRATION, STATISTICS OF THAI WORKERS BY COUNTRIES, YEAR 2004, at 1 (2005), http://www.overseas.doe.go.th/news/doc/doc_j.pdf. The majority of the occupations taken by Thais who go abroad to work are low-skilled such as agriculture and construction, though Thailand is sending more skilled workers each year. See THAILAND OVERSEAS EMPLOYMENT ADMINISTRATION, STATISTICS OF THAI WORKERS BY EDUCATION LEVELS, YEAR 1998-2003, http://www.overseas.doe.go.th/news/doc/doc_o.pdf.

[FN102] Manus Sookanijvichai, Chamber of Commerce, Remarks at the "Awareness-Raising on Migrant Rights and Welfare for Government Officials, employers, Migrants and Host Community Members in Thailand" Consultative Forum, Ranong, Thail. (May 18, 2005) [hereinafter Ranong Consultative Forum].

[FN103] Pitayanon, supra note 54, at 14.

[FN104] Id. at 13.

[FN105] Id.

[FN106] Id.

[FN107] See Macan-Markar, supra note 97.

[FN108] Pitayanon, supra note 54, at 13.

[FN109] See Macan-Markar, supra note 97.

[FN110] Mr. Suchat, Chamber of Commerce, Remarks at the "Awareness-Raising on Migrant Rights and Welfare for Government Officials, employers, Migrants and Host Community Members in Thailand" Consultative Forum, Tak, Thailand (June 2, 2005) [hereinafter Tak Consultative Forum].

[FN111] Pitayanon, supra note 54, at 14.

[FN112] See id.

[FN113] Id.

[FN114] See HUGUET & PUNPUING, supra note 58, at 45.

[FN115] Id.

[FN116] See Pitayanon, supra note 54, at 14-15.

[FN117] See Interview with Myint Aung, supra note 99; Pitayanon, supra note 54 at 13-14; and Sookanijvichai, supra note 102.

[FN118] Prem Kumar Rajaram & Carl Grundy-Warr, The Irregular Migrant as Homo Sacer: Migration and Detention in Australia, Malaysia, and Thailand, 42 INT'L MIGRATION 34, 54 (2004).

[FN119] Id.

[FN120] Sonny Inbaraj, Tsunami Impact: Thai Sympathy for Burmese Migrants is Wearing Thin, IPS -- INTER PRESS SERV., Jan. 13, 2005.

[FN121] Id.

[FN122] Id.

[FN123] PHILIP MARTIN, THAILAND: IMPROVING THE MANAGEMENT OF FOREIGN WORKERS (International Labour Organization, 2004).

[FN124] Id.

[FN125] Id.

[FN126] Id.

[FN127] Punpuing, supra note 15, at 7.

[FN128] Sookanijvichai, supra note 102.

[FN129] Id.

[FN130] Jarunan Prabkraisi, Provincial Labour Office, Remarks at Ranong Consultative Forum, supra note 102.

[FN131] Id.

[FN132] HUGUET & PUNPUING, supra note 58, at 38.

[FN133] Prabkraisi, supra note 130.

[FN134] Id., supra note 130 (explaining that there is a three-step process for migrant workers to obtain legal permission to work, which includes getting a health check and entering the nation's health scheme).

[FN135] Interview with Ma Win, Clinic Staff Member, Rak Thai Foundation, in Samut Songkrahm, Thail. (Aug. 7, 2005) (describing how certain members within the neighborhood compound could go out and entertain themselves at local restaurants and bars, while others who did not possess permits stayed close to the neighborhood).

[FN136] Interview with Maung Ko, Burmese migrant, in Pang Nga, Thail. (July 2, 2005) (explaining how the doctor had warned him about smoking too much after his medical check up).

This article is published with the kind permission of Bryant Yuan Fu Yang, Life and Death Away from the Golden Land: The Plight of Burmese Migrant Workers in Thailand, 8 Asian-Pac. L. & Pol’y J. 485 (2007).