authored by Paul Buckley, ASEAN-ACT Policy Dialogue & Partnerships Director, in observance of World Day of Social Justice
Migrant workers globally are among the most vulnerable populations to social and economic injustice and experience precarity on a daily basis. They are more likely to be victims of human trafficking and forced labour due to intersecting vulnerabilities.
These are not isolated incidents of individual misfortune, but the result of political, economic, social and cultural structures that put such populations at risk. Migrant workers experience stigma and discrimination, limited access to justice or protection, and are often excluded from social protection.
Despite the progress and economic gains in Southeast Asia, which are in part due to labour mobility, too many migrant workers in the region are in conditions of exploitation, forced labour and human trafficking. What many now call modern slavery, these conditions affect all countries in the region, whether primarily as countries of origin or destination. There is now greater recognition of the nature of the issue and its complexities by ASEAN and individual member states, yet the fundamental barriers to addressing the exploitation have proven complex to address.
Migrants from Myanmar come to Thailand for a range of reasons, from economic necessity to political ideology, and drivers include conflict and repression. They experience intersectional vulnerabilities based on their nationality, ethnicity, gender, disability, age and education. Estimates indicate more than 2 million Myanmar migrants are in Thailand, yet the actual number is unknown due to the informality of most of their migration and employment.
Myanmar migrants work in low-paying yet essential jobs, including agriculture, construction, fisheries, manufacturing and service industries, drawn by the significant difference in wages and living standards between Myanmar and Thailand. Work in these industries is also gendered, with women and girls more prevalent and at-risk in some, and men and boys in others. Due to their precarious legal status, they often avoid authorities due to fear and intimidation, and are often subject to extortion or corruption when they do need to interact with officials. They experience exploitation on a spectrum from labour abuses, through to forced labour and human trafficking.
The Human Rights and Development Foundation (HRDF) works with migrant workers in Chiang Mai, in northern Thailand, bordering Myanmar, to support rights promotion and protection. They provide legal aid in cases of labour abuse and conduct outreach to communities on their rights. The Australian Government funded ASEAN-Australia Counter Trafficking program (ASEAN-ACT) partnered with HRDF to conduct research on the situation of migrant workers in agriculture in Chiang Mai, as well as outreach and support to migrant workers that required assistance.
The research findings highlight the risks to abuse and exploitation that migrant workers face in the agricultural sector, both women and men. It shows that the management of migrant workers does not meet the needs of either employers or workers, particularly in the agriculture sector where employers do not need workers all year round and workers require flexibility to change employers while retaining their labour rights and protections.
Agricultural work in Thailand is classified as informal labour, that is, it does not fall under the protections provided by Thailand’s Labour Protection Act. There are different ways of contracting workers in the sector that can result in differing degrees of exploitative practices. With the labour requirements largely seasonal, employers do not require workers for the timeframe that the formal process requires, and workers are tied to one employer. As migrant workers often fall out of the formal system as a result, amnesties are conducted on an ad hoc basis to regularise workers rather than on a planned and structured basis.
The research finds that the working conditions of migrant workers in Thailand’s agriculture sector equate to labour rights’ violations when measured up against the ILO’s indicators, and potentially hidden forced labour. They experience poor working and living conditions, which are often vastly different to what workers were promised by the agents and recruiters that facilitated their employment. They work long hours, often isolated, with restricted freedom of movement, and reports indicate experiences and threats of violence. They may be in debt on arrival, not receiving standard employment contracts, minimum wage or benefits, and therefore find themselves bound to their employer. In the agricultural sector, many migrant workers are exposed to hazardous pesticides and other chemicals with insufficient training or protective equipment.
A key recommendation of the research is to reform the system that governs labour migration in Thailand, for sustainable protection for migrant workers while also meeting the needs of employers and the Thai economy more broadly. Thailand may also consider ratifying fundamental labour conventions, including the right to collective bargaining and freedom of association, which are currently not in place. There is a need for greater integration of migrant workers, recognising their contribution to both destination and their home economies. Where exploitation, forced labour and human trafficking do occur, there is a need to rethink the remedies available, to meet the needs of those exploited and ensure that justice is more than pursuing a punishment or conviction for trafficking and related offences.
ASEAN-ACT seeks to support inclusive public policy development and whole-of-society approaches to address human trafficking and reduce the vulnerabilities of those most at risk. It takes a multi-disciplinary approach to respond to the complex nature of vulnerability of migrant workers.
Civil society plays a crucial role in empowering migrant communities. Organisations, like HRDF, have built trust over years of working closely with migrants, promoting and supporting rights protection, and developing capacities of the communities they work with, including developing migrant leadership. This is recognised by many government counterparts in Thailand, however the government is yet to take substantial steps towards reforming the system of labour migration into Thailand. Lastly, engaging with employers is also critical to address power asymmetries between workers and their employers, and support those who practice social responsibility.