Thailand’s Management of Three Nationalities Illegal Entry Transnational Migrant Workers: Survey in Law, Policy and Alternative

Abstract

The research entitled, “Thailand’s Management of Three Nationalities Illegal Entry Transnational Migrant Workers: Survey in Laws, Policy and Alternative”, was conducted with three objectives: 1) to survey and synthesize laws, policy and strategy applying in the management of three nationalities illegal entry transnational migrant workers (Myanmar, Laos PDR and Cambodia) from 1996-2011; 2) to synthesize the impacts caused from the necessity in changing measures in the management of three nationalities illegal entry transnational migrant workers from Myanmar, Laos PDR and Cambodia; and 3) to suggest alternative measures applying in Thailand’s transnational migrant workers laws and policy based on the balance among the nation’s security, economic development necessity and respect in transnational migrant workers’ rights and fundamental human rights.  Findings were summarized as follows: 

According to laws, policy and strategy applying in the management of three nationalities illegal entry transnational migrant workers (Myanmar, Laos PDR and Cambodia) from 1996-2011, it indicated that the main law, Immigration Act B.E.2522, Working of Aliens Act B.E.2551 and The Royal Decree Prescribing Works Relating to Occupation and Profession in Which an Alien is Prohibited to Engage B.E.2522. Findings in policy and strategy applying in the management of three nationalities illegal entry transnational migrant workers (Myanmar, Laos PDR, and Cambodia) from 1996-2011 were the cabinet solution amenable the immigrant to be able to temporarily stay and constantly work yearly.  The provinces, the sort of enterprise and the number of labors permitting the transnational migrant workers from Myanmar, Laos PDR, and Cambodia to do were determined.  The process included labor registration, migrant workers insure, health checking and work permit application taken by the employers. From 2004 onwards, there were transnational migrant worker management strategies as the migrant workers and followers were registered and nationality verification so as to change the status to be legal entry.  Migrant workers from these three countries had been imported as agreed by the Memorandum of Understanding since 2006.

Unfortunately, it was found that the management in solving the problems of transnational migrant workers from the three nationalities from 1996-2011 did not yet achieve.  This was because there were 1,248,864 illegal entry transnational migrant workers working in Thailand according to the cabinet solution while there were only 276,432 legal entry transnational migrant workers by nationality verification and 69,712 migrant workers imported as agreed by the Memorandum of Understanding.  A large number of illegal migrant workers who illegally worked affected to the social, economic, political and domestic security aspects.  In social aspect, it caused crime, transnational human trafficking, drugs problem and transnational migrant workers’ rights and fundamental human rights violation.  The occupation opportunity of the Thai low - level laborers also declined.  In economic aspect, it caused the Thai industry to be the overflowing labor industry.  Production system and innovation creation could not be developed.

In terms of alternative measures applying in Thailand’s transnational migrant workers laws and policy, Thailand should change the labor employment policy by reducing unskilled transnational migrant worker employment and replacing by technology and semi-skilled and skilled labors instead.  Besides, tax system for migrant workers and international labor standard should be enforced with all transnational management worker.