December 2004, more then 9,300 pregnant migrant women from Burma, Cambodia and Laos face deportation. Pregnancy has become a crime and is forcing migrant women to abort their babies.
Very few Asian Governments have ratified relevant conventions to protect women workers rights.
Conventions:
C103 Maternity Protection Convention (Revised), 1952 [Mongolia, Sri Lanka, Papua New Guinea]
C156 Workers with Family Responsibilities Convention, 1981 [Japan, Republic of Korea] C183 Maternity Protection Convention, 2000 [non]
United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 [ratification by ASEAN members: Indonesia, Thailand, Philippines, Malaysia and Singapore]. Thailand has an obligation to protect women worker under CEDAW.
1990 UN International Convention on the Protection of the Migrant Workers and their families [few has signed or ratified, no receiving country has ratififed]
The Preamble [14 para] of the [CEDAW] United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979, States Parties are "aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women."
Declaration of Philadelphia concerning the Aims and Purposes of the International Labour Organisation which recognises that "all human beings, irrespective of race, creed or sex, have the right to pursue their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity."
More then 9,300 pregnant migrant women from Burma, Cambodia and Laos face deportation. Pregnancy has become a crime and is forcing migrant women to abort their babies.
In Thailand, foreign migrant women workers, getting pregnant means losing their job.
Thailand has enacted and is enforcing discriminative laws against pregnant migrant women workers. The voiceless migrant women with HIV Aids or incurable disease, already face deportation.
Children born to foreign Migrant workers are stateless, as Thailand refuse to recognize or register them. Thailand is breaking the child's right to be recognized by providing civil registration. In 2003, the Thai government declared that the approximately 120,000 migrant children born in Thailand were "a potential security threat."
Indeed, Thailand is breaking international laws that are against the deportation of pregnant immigrants.
The Thai economy depends on these migrants, an estimated 2.5 million in the country.
They do the jobs Thais have rejected since the economic boom of the late 1980s and 1990s.
BACKGROUND INFORMATION
December 1998, Thai Ministry of Labour and Social Welfare as part of its Unemployment Alleviation Action Plan announced the "Immigrant Workers Measure." This measure was aimed at reducing the numbers of undocumented immigrant workers from Myanmar, Laos, and Cambodia in Thailand. The plight of undocumented Burmese migrant workers includes threats, unfair labour practices, trafficking, corrupt officials, and deportations.
In August 2000, the Thai Labor Ministry introduced a regulation stating that female foreign workers will be given medical checkups and those found to be pregnant will not have their licenses to work in Thailand renewed. And those found with incurable disease including Hiv/Aids will be deported according to the policy.
Deportations are taking place almost daily, there are reports which indicate the Thai government has systematically deport Burmese migrant workers back to Burma.
In 2003, the Thai government deported up to 10,000 undocumentd Burmesee each month and by returning them to the border in Mae Sot, but did not directly handover migrants to the Burmese government.
In June 2003, the Thai government had an agreement with the Burmese government. Since August 2003, the Thai authorities have formally deported 400 undocumented Burmese per month to a military-run holding centre.
The undocumented migtants face detention and penalties in Burma.
25 July 2004 Thai Prime Minister Thaksin Shinawatra has warned all undocumented migrant workers from Myanmar, Cambodia and Laos will be deported from Thailand if they do not register with authorities.
In Thailand, there are an estimated 2.5 million migrants but only about 280,000 are legal. The rest are undocumented. It cost the employer $200 to register the migrant workers so they do not register their foreign employees.
The migrant workers do the jobs Thais have rejected as dangerous and dirty jobs like in the fishing sector and the factories. More then 80 per cent of the migrants workers are Burmese and the rest come from Cambodia and Laos.
Recommend to the Thai government to:
- abide by international law by not forcibly returning any detainees especially pregnant migrant women to their country of origin;
- to give due regard for the individual rights of migrants from poor neighbouring countries
- to stop immediately the deportation of pregnant foreign migrant workers
- to recognize the rights of the migrant workers children and provide facilities for education and health.
- allow NGOs to visit pregnant migrant women in detention and provide the neccessary support services. The detainees will need medical care and treatment. The pregnant women and children will need support, care and various other services
- allow NGOs and legal aid to make representation on behalf of migrants detained in immigration detention centers in thailand who are in need of assistance;
- urge the Thai government to ratify and implement relevant international migrant Conventions and recommdendations to secure the protection and promotion of migrants' rights and welfare; including
{ILO Convention 97 and 143; and the 1990 UN International Convention on the Protection of the Migrant Workers and their families]; and
- to implement relevant laws that would put a stop to the continued trafficking of migrants workers
Letter and emails forward to:
1. Mr. Thaksin Shinawatra
Prime Minister
Government house,
Pitsanulok Road, Dusit District,
Bangkok 10300 THAILAND
Fax: +66 2 282 8631 or 02-629-8213
Email thaksin@thaigov.go.th
2. Mr. Uraiwan Tientong
Minister of Labor
Office of ministry of Labor
Mitramaitree Road
Dindang, Bangkok 10400
Tel: +66 2 245 4310-4
Fax: +66 2 503 3213
Website: www.mol.go.th
Send a copies to:
3. Mr Pongthep Thepkanjana
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building 22nd Floor
Jangwatana Road, Parkket
Nonthaburi 11120 THAILAND
Tel: +662 502 6775
Fax: +662 502 6734
4. Prof. Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathurn Wan District
Bangkok 10300 THAILAND
Fax: +662 219 2940
Email commission@nhrc.or.th
5. ILO Subregional Office for East Asia (SRO-Bangkok)
Ms Christine Evans-Klock, Director
United Nations Building, 10th floor
Rajdamnern Nok Avenue, P.O. Box 2-349
Bangkok 10200, Thailand ,br>
Tel: +66 2 288 2219, 288 2220
Fax: +66 2 288 3058
Email
bangkok@ilobkk.or.th
6. Ms Gabriela Rodriquez Pizarro
Special Rapporteur on the human rights of migrants
Att: Ms. Veronica Birga
Room: 3-040
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Tel: +41 22 917 9336
Fax: +41 22 917 9006
Email urgent-action@ohchr.org
(please include in the subject box:
*Special Rapporteur HR Migrants*)
Sources and Relevant Links:
Bernama.com Thai Government To Deport Pregnant Alien Workers 15 December 2004
Oana/Xinhua Thailand to deport pregnant alien workers 15 December 2004
Bangkok Post Losing our hearts is too great a sacrifice Sanitsuda Ekachai, 16 December 2004
AMRC Asian Labour News: Thailand
Human Rights Watch, USA Out of Sight, Out of Mind: Thai Policy toward Burmese Refugees and Migrants February 2004
Relevant Labour Conventions and Recommendation:
R191 Maternity Protection Recommendation, 2000
C183
Maternity Protection Convention, 2000
SEE
the ratifications for this Convention
C156
Workers with Family Responsibilities Convention, 1981
SEE
the ratifications for this Convention
[Japan, Republic of Korea]
Conventions: C103
Maternity Protection Convention (Revised), 1952
SEE
the ratifications for this Convention
[Mongolia, Sri Lanka, Papua New Guinea]
