TACDB Legal Aid

TACDB Law Awareness and Legal Aid for Burmese Migrant Workers

With a view to resolve the problems and justify the plight of Burmese migrant workers, the Thai Action Committee for Democracy in Burma has implemented a workshop of lawyers from the Law Society of Thailand to brainstorm for solutions to alleviate the migrant workers.

Background Information: The legal problems faced by Burmese migrant workers in Thailand

Illegal Burmese migrant workers face a dilemma as to whether to register (and have work permits) or not. Registering should help workers stand up for the basic human and labour rights they are entitled; however, the Thai Labor Department issues extensions of migrant workers' permits on one vital condition - the employer's recommendation or approval. This allows the Thai employers to exploit the Burmese migrant workers fully.

Hence many migrant workers opt for an illegal status rather than serving like 'slaves' under their former employers. In 2002, nearly half the registered number of migrant workers failed to show up to renew their work permits. This means that they have to forfeit their entitled rights - mainly medical attention and legal protection - which all illegal migrants are denied. They are also vulnerable to exploitation from employers and police / government officials.

TACDB Involvement in migrants' legal affairs

TACDB opened a Law Clinic participated by volunteer lawyers from the Law Society of Thailand at Mahachai (where there is a large Burmese community) in cooperation with CARE. The clinic opened in January 2002.

At present, there are many cases pending at Mahachai and Bangkok. We need more financial resources to tackle the cases as a result. In the wake of the opening of the Law Clinic at Mahachai the workers are becoming familiar with the working of the Thai laws and are aware of their opportunities to fight for their alienated rights. This will stand them in good stead when they return to their country, which is in the process of becoming a democratic one.

The lawyers came to the conclusion that they should lobby for amendments in the current Thai Labor Laws, to make them applicable to Burmese migrant workers also. This called for the Thai lawyers to gain information directly from the Burmese migrant workers. In this respect TACDB has played a coordinating and mediating role in the process. Today TACDB is the coordinator of the NGOs network Thai Coordinating Committee for Migration.

Legal rights education

TACDB gave criminal and labor protection law training to the 20 Burmese migrant workers in Mahachai on 2nd to 3rd March 2002 for two days. The program was coordinated jointly by CARE (Mahachai) and TACDB, and covered:

• Thai Criminal laws
• Thai labor protection laws
• General knowledge on how to protect their rights upon arrest
• International convention on the protection of the rights of all migrant workers and members of their families.

The lawyers came to the conclusion that they should lobby for amendments in the current Thai Labor Laws, to make them applicable to Burmese migrant workers also. This called for the Thai lawyers to gain information directly from the Burmese migrant workers. In this respect TACDB has played a coordinating and mediating role in the process. Today TACDB is the coordinator of the NGOs network Thai Coordinating Committee for Migration.

TACDB and the volunteer lawyer team from the Law Society of Thailand plans to implement this program in Samut-Sakorn, Samut-Prakan, Nonthaburi, Pathom-Thani and metropolitan Bangkok. There will be two training periods for one group of trainees lasting two months each. Following this we hope to extend the program to the Mae Sod, Chiang Mai and Kanchanburi provinces.