SEANF Paper on Migrant Workers
workers from Myanmar who travel back and forth to the border that they are not
subject to arbitrary arrest and the abuse of power by corrupt government officials
and private labour brokers. The SEANF, therefore, recommends the Government
to set strict caps on the fees that can be charged by brokers for services related
to the nationality verification exercise.
114. The SEANF also notes that while the rights of documented migrant workers are
provided by law, but the problems exist in practice for migrant workers to access
and enjoy their rights. They include the illegal confiscation of their property by
corrupt officials and private individuals, refusals to provide to issue marriage
certificates and birth certificates, refusals of local public school administrators
to allow enrollment of migrant children for basic education. The SEANF
recommends the Government to guarantee their basic rights including the
enforcement of registered migrant workers’ rights to family and birth status
(in line with the CRC and CEDAW), right to education and right to health and
social services, and take punitive action against officials found to arbitrarily use
or abuse their authority.
115. The SEANF recommends the Government to improve conditions of detention of
irregular migrants and ensure that they comply with internationally recognized
human rights standards such as the Standard Minimum Rules of Places for the
Treatment of Prisoners.
116. The SEANF recommends the Government to ensure that translation of related
information on human rights standards, labour and other laws, public health,
and other services into migrant’s languages be widely distributed in order to
improve their access to information and subsequently services provided for
them, and the opportunity to exercise their rights.
117. The SEANF also recommends the Government to expand the outdated list of
types of work migrants are permitted to do, and bring it into conformity with the
current situation in Thailand. At this time, there are many registered migrant
workers who are effectively considered illegal because they are currently
working in sectors in which migrants are not authorized to work under the
existing law and regulations.
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