Delays in implementing an amended labour agreement with Myanmar will worsenworsen human trafficking in Thailand, rights groups warned yesterday. The memorandum of understanding has been changed to relax a restriction on the employment of Myanmar migrant workers in Thailand. However, the agreement has not been put into effect because of the House dissolution. The caretaker government is prohibited by the constitution from signing the deal as it would be legally binding for the incoming government.
The amendment removes a restriction requiring workers who have been in Thailand for four years to return to their home country and remain there for three years before taking up work here again.
There are an estimated 100,000 Myanmar workers affected by the current restriction.
The amended MoU, if approved by cabinet, would allow the workers to return to Thailand after spending only one day outside the country. The amendment was made after complaints from business operators that the three-year restriction was economically disruptive.
Adisorn Kerdmongkol, representing a network of NGOs on international labour, said the delay in honouring the MoU was likely to invite new problems. The three-year ban on workers' return was too long. It would force the workers to try and come back immediately, even if it meant doing so illegally, as demand in labour-intensive industries such as fishing remained high. The workers would have little choice but to be trafficked to get back, he added.
Mr Adisorn said until the amended agreement was implemented, the immediate solution would be to waive legal punishment against workers under the Immigration Act.
He suggested workers who had completed their four years of employment should still report to the immigration office, but while waiting to return home, they would be allowed to resume their jobs.
Workers who overstay their employment period face fines of 500 baht a day. Their employers are fined between 10,000-100,000 baht a day, according to Poj Aramwattananont, president of the Thai Frozen Foods Association.
Mr Poj said there seemed to be no way out for the workers and businesses as the Labour Ministry insisted on sending back workers who had completed their four years. Many companies will run into problems from labour shortages, he said. Recruiting new workers with experience and training new recruits was costly and time-consuming.
Employment Department chief Prawit Kiangpol said cabinet approval was required for the amended MoU to be put into force. The problem that arose was beyond the Labour Ministry's control as no one had anticipated the House would be dissolved, he said.
Andy Hall, adviser to the Migrant Worker Rights Network, said the ministry should have foreseen the problem. The three-year ban on the workers' return would create a labour vacuum that threatens to wreak havoc on the economy.
Delays in implementing an amended labour agreement with Myanmar will worsenworsen human trafficking in Thailand, rights groups warned yesterday. The memorandum of understanding has been changed to relax a restriction on the employment of Myanmar migrant workers in Thailand. However, the agreement has not been put into effect because of the House dissolution. The caretaker government is prohibited by the constitution from signing the deal as it would be legally binding for the incoming government.
The amendment removes a restriction requiring workers who have been in Thailand for four years to return to their home country and remain there for three years before taking up work here again.
There are an estimated 100,000 Myanmar workers affected by the current restriction.
The amended MoU, if approved by cabinet, would allow the workers to return to Thailand after spending only one day outside the country. The amendment was made after complaints from business operators that the three-year restriction was economically disruptive.
Adisorn Kerdmongkol, representing a network of NGOs on international labour, said the delay in honouring the MoU was likely to invite new problems. The three-year ban on workers' return was too long. It would force the workers to try and come back immediately, even if it meant doing so illegally, as demand in labour-intensive industries such as fishing remained high. The workers would have little choice but to be trafficked to get back, he added.
Mr Adisorn said until the amended agreement was implemented, the immediate solution would be to waive legal punishment against workers under the Immigration Act.
He suggested workers who had completed their four years of employment should still report to the immigration office, but while waiting to return home, they would be allowed to resume their jobs.
Workers who overstay their employment period face fines of 500 baht a day. Their employers are fined between 10,000-100,000 baht a day, according to Poj Aramwattananont, president of the Thai Frozen Foods Association.
Mr Poj said there seemed to be no way out for the workers and businesses as the Labour Ministry insisted on sending back workers who had completed their four years. Many companies will run into problems from labour shortages, he said. Recruiting new workers with experience and training new recruits was costly and time-consuming.
Employment Department chief Prawit Kiangpol said cabinet approval was required for the amended MoU to be put into force. The problem that arose was beyond the Labour Ministry's control as no one had anticipated the House would be dissolved, he said.
Andy Hall, adviser to the Migrant Worker Rights Network, said the ministry should have foreseen the problem. The three-year ban on the workers' return would create a labour vacuum that threatens to wreak havoc on the economy.
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