3. Background of Illegal Exit from Burma

Under the rule of the military junta in Burma, millions of Burmese faced with crushing poverty and certain starvation in Burma are forced to cross the border and seek economic opportunities on Thai soil. Pursuant to The Burma Passport Act1 $(2) “Without prejudice to the generality of the foregoing power such rule may – (a) prohibit the entry into the Union of Burma or any part thereof of any person who has not in his possession a passport issued to him”. Furthermore, The Burma Immigration (Emergency Provisions) Act2 states, "No citizen of the Union of Burma shall enter the Union without a valid Union of Burma Passport; or a certificate in lieu thereof, issued by competent authority". Thus those individuals who exit Burma without the possession a Passport may not re-enter Burma lawfully, and face imprisonment for up to 5 years for attempting to do so.

Burmese Passports are expensive, 100,000 Kyat (more than 4,000 Baht) and diffcult to obtain for ordinary citizens of Burma. For the average Burmese worker ployed in urban areas his/her monthly salary is approximately 15,000 Kyat and the earnings for those fortunate enough to fmd work in rural areas the pay is substantially lower. Thus, for ordinary Burmese citizens a Burmese Passport is unobtainable due to the lack of money which is the same reason for the desire to leave Burma in search for economic opportunities elsewhere. In addition, the SPDC regime is rife with corruption and therefore only those who may afford the bribe money or are in some way complicit with the illegitimate regime may obtain Passports with ease. Due to discrimination and suspicions of prostitution there are additional difficulties for Burmese females in obtaining Passports. Likewise, Ethnic Burmese because of discrimination and suspicions of political activities are denied access to Passports. In addition to the discrimination and suspicion faced by the Ethnics there is the added complexity that these groups lack recognized nationality by the SPDC and therefore do not posses the official documentations and certificates required for Passport procedures.

Thus due to the SPDC extreme dereliction in it's governance the ordinary Burmese who are faced with the choice of starving in their homeland or facing legal uncertainty in regards to exit and return to Burma are forced to leave Burma without possessing a Burmese Passport. While the SPDC is fully aware of the hemorrhaging of Burmese people out of the nation it has neglected to address the situation by establishing a legal framework for the exit and entry of its impoverished citizens. Rather, the SPDC has chosen to exploit the situation of its own people by persecuting these persons upon their unlawful exit and entry, all the while demanding bribe money. This lack of legal procedures for the exit and entry of migrants and the forcing of the population to travel through channels outside the legal framework erodes the "Rule of Law" in both Burma and the destination country.

4. Background of Illegal Entry into Thailand

Thailand's growing economy is fueled by cheap labor, which it receives in abundance from Burma due to the political strife in Burma. Thai society like the wealthy western nations has developed an insatiable appetite for consumer goods and Hi-Tech products which relatively low wages cannot support. Therefore, the Thai work-class has abandoned certain sectors of Thai industry and in some caseleft the nation to seek economic opportunities over-seas. In addition Thai employers who obtain their wealth through keeping labor cost low are resistant to Thai workers' demands to raise their salaries. Thus, the Thai employers quite cleverly substitute their work forces with Burmese who are willing to work for the most meager salaries which no Thai employee would ever accept. This replacement of Thais by Burmese only compounds the deep resentment harbored by many sectors of Thai society towards the Burmese due to a mutual history of warfare and xenophobia exacerbated by the media which interposes Burmese migration and drug-trafficking, spread of disease, and environmental destruction. Thus, Burmese migrants face extreme discrimination and intolerance in Thailand which is aggravated by the uncertain legal position of the Burmese in Thailand.

Pursuant to the Immigration Act of Thailand provided for in 1979, section 12 interalia stipulates that "No alien of the following characteristics shall be allowed entry into the Kingdom:

Having no genuine and valid passport or document used in lieu of passport; or having a genuine and valid passport or document used in lieu of a passport with­out Visaing by the Royal Thai Embassies or Consulates in Foreign countries; or from the Ministry of Foreign Affairs, excepting if a visa is not required for certain types of aliens in special instances.

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