CURFEWS, CELL PHONE RESTRICTIONS EXPOSE MIGRANT WORKERS TO

UNCLAS SECTION 01 OF 02 CHIANG MAI 000125 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM ELAB SMIG TH SUBJECT: CURFEWS, CELL PHONE RESTRICTIONS EXPOSE MIGRANT WORKERS TO HUMAN RIGHTS ABUSES CHIANG MAI 00000125 001.2 OF 002 ¶1. SUMMARY. Recent efforts by the Thai government to restrict cell phone use and movement by migrant workers, particularly in areas with significant Burmese populations, could exacerbate abuses and exploitation of vulnerable groups. RTG officials say the measures are needed to contain illegal immigration and protect stability in border regions. NGOs point out that even in areas not officially affected by the Ministry of Interior's decrees, local officials have enacted similar restrictions that, like other anti-migrant measures, exploit workers and leave large communities of Burmese vulnerable to mistreatment by their employers. End Summary. ¶2. The Ministry of Interior recently authorized new curfews and restrictions on cell phone and motorcycle registration for non-Thais living in some border areas. RTG and NGO contacts confirm that these restrictions initially applied only to provinces in southern Thailand, such as Phuket and Ranong, reflecting RTG fears that non-Thai Muslims might use migrant work as a cover to join insurgent movements in southern provinces. MOI officials dispute the severity of the restrictions, muddling ConGen and NGO requests for clearer explanations of the policies. NGOs and many local officials concur that the new orders prevent migrant workers from using cell phones, registering motorcycles, and gathering in groups of five or more people outside of their places of employment. Most areas under the MOI's decrees have also implemented an 8 p.m. curfew for migrant workers. Harsh Conditions, But Still Better Than Burma ¶3. The Ministry of Labor reports that 485,000 Burmese migrant workers have work permits. However, there may be as many 1.5 million more Burmese in Thailand, including those who live here illegally or slip over the border for short-term stints, according to the human rights NGO Migrant Assistance Programme (MAP). MAP staff say migrant workers face harsh conditions in the agricultural, service, and manufacturing sectors, often earning just USD 2-4 per day for shifts that reach 12 hours or more. According to the International Labor Organization, more than 60 percent of Thailand's migrant workers are "locked down" at their places of employment, forbidden by employers from leaving the premises during all hours of the day. ;MOI's Restrictions Expand From the South to Chiang Mai ¶4. Labor activist Moe Swe, a leader in the Mae Sot-based Yaung Chi Oo Workers Association said the cell phone and motorcycle restrictions hit migrant communities particularly hard, as they eliminate workers' abilities to communicate with and visit family members. Moreover, Swe and other activists suspect that employers are manipulating current anti-immigrant sensitivities within the Thai government to further exploit workers. Restricting cell phones and public gatherings after 8 p.m. disrupts workers' ability to organize and protest against unfair labor conditions. Staff at the International Rescue Committee, which maintains close contact with migrant and refugee populations inside Thailand, say the measures have already created problems in southern provinces, where restrictions on leaving work compounds has increased the influence of organized crime and violent gangs, who run black markets and other operations that are now migrants' only link to the outside world. ¶5. In May, the MOI added Chiang Mai province under the new restrictions, leading ethnic Shan leaders to charge that police use the measures to harass and extort money from the growing number of Shan crossing into Thailand from northern Burma. Activists suspect this is a sign local officials have realized there is little they can do to stop the flood of migrant labor pouring across the border, and have instead chosen to profit from the confusion the new restrictions have created. Shan journalist Khuensai Jaiyen told PolOff that Shan migrants caught with improper paperwork are now fined and released within Chiang Mai province, instead of being deported back to Burma. Employers and Provincial Officials Follow MOI's Lead ¶6. Although they haven't received specific orders to do so, law enforcement officials in provinces not under the restrictions have implemented similar measures on their own. During a recent PolOff visit to Tak province - a border region rich with foreign investment reliant on cheap labor from Burma - local businessmen said Burmese migrants face harsher restrictions than their Thai counterparts. One member of the Tak chapter of the Federation of Thai Industries (FTI) told PolOff that human rights among migrants should be viewed in relative terms. The conditions in Thai factories may not be ideal, he said, but Burmese workers CHIANG MAI 00000125 002.2 OF 002 are much better off than they were in Burma. In a startling moment of self-congratulation, he said factory owners should be commended for how much they've surpassed Burma's human rights record and not criticized for falling short of international standards. In Border Towns, a "Second Class" Becomes the Majority ¶7. Mae Sot's chief district official believes most previous RTG efforts to decrease illegal immigration have failed. Although he supports the new restrictions on migrants, he says government officials need to work on presenting a softer image to local Burmese, lest Thais face the wrath of a migrant community that far outnumbers actual citizens in his region. Local police are aware of the population imbalance as well, and enact a strict curfew in Mae Sot, where 10 p.m. each night brings a cattle call-like ringing of bells that sends Burmese running for home. The heavy police presence quickly turns the normally chaotic and colorful Mae Sot into a ghost town, leaving only a few sparse tourists and ex-pats left wondering where all the action went. ¶8. Thai legal experts sympathetic to migrant workers say their efforts to reverse the restrictions and promote better conditions for Burmese working in Thailand have largely been unsuccessful. One legal expert with the Labor Law Clinic in Mae Sot blamed Thailand's complex citizenship laws for creating generations of de facto stateless people inside the country's borders. Without the protections of Thai citizenship, a "second class" of residents not subject to the same protections and rights enjoyed by citizens has emerged, she said. Others blame the current anti-immigrant mood among post-coup RTG officials and continued instability in Burma. One long-time NGO activist noted that human rights concerns have always lost out to national security under military-run Thai governments. ¶9. COMMENT: The MOI's new restrictions - and the similar measures in other provinces they've inspired - will likely lead to increased exploitation of the large Burmese population living in Thailand. The prohibition on cell phone use is of particular concern in light of recent collaborative efforts by the ILO and MOL to establish telephone hotlines for migrant workers to report abuses. Such hotlines will be useless for workers without access to telephones. With much of the RTG focused on internal security, NGOs have little room to maneuver for expanding rights to non-Thais, many of whom cross illegally into Thailand or run afoul of an overly complex and unfair work permit bureaucracy. Curfews and these other restrictions severely limit the work NGOs and migrant leaders can do to organize workers, monitor abuses, and promote more humane working conditions. End Comment. CAMP