Regularisation of Migrants in Thailand
The following article stems from MMN’s report entitled Migrant Agricultural Workers in Thailand, published in 2020.
Over the years, migrant workers have contributed significantly to Thailand’s economic development.[1] Given Thailand’s long porous land borders, a significant proportion of migrants continue to rely on irregular channels to enter the country and work without formal documentation. Over the years, and especially since the military coup of 2014, the Thai authorities have sought to restrict what they refer to as “illegal working”,[2] and move towards a more managed approach to migration governance. In so doing, a variety of measures have been adopted aimed at formalising the migration process, while partially regularising the status of those undocumented migrants already in Thailand. These measures include 1. migrant worker registration windows subject to Nationality Verification (NV), 2. so called Memorandum of Understanding (MOU) procedures, and 3. the Section 64 border pass scheme. To understand the scope of these labour migration mechanisms, the paragraphs below briefly describes each in turn.
Migrant Worker Registration
Since the 1990s, the Thai government, by way of a series of Cabinet Resolutions, has permitted undocumented migrants to semi-regularise their status during periodic migrant worker registration windows.[3] These large scale exercises, held every couple of years, grant undocumented migrants permission to live and work in Thailand for one or two years without having to return to their country of origin. It should be noted, however, that those who register are not granted full amnesty. Indeed, they remain in a precarious position, as they technically continue to be subject to immigration control on account of their “illegal entry”.[4] Furthermore, temporary registration leaves them no closer to finding a long-term solution to regularise their stay.
Thailand’s most recent round of migrant worker registration began in July 2017 and closed on 30 June 2018, following two deadline extensions.[5] In order to register, undocumented migrants from Cambodia, Lao PDR and Myanmar were required to present themselves at one of the 80 designated points located across Thailand, known as One Stop Service Centres. At these centres, subject to: (1) NV carried out by officials from migrants’ countries of origin; (2) proof of employment; (3) a medical; and (4) fee, migrants could obtain identification documents, work permits, health insurance and temporary permission to remain. Official fees totalling THB 6,180 (USD 203.60) were payable by migrants to complete the registration process.[6] This sum does not, however, include costs payable to the authorities of countries of origin for NV or the services of brokers, which can be considerable. Official statistics show that as of November 2018 a total of 2,214,298 work permits had been issued to GMS migrants who have completed the registration process.[7]
MOU Procedures
In an attempt to curb irregular migration and avoid the need for further rounds of registration, the Thai government has vigorously promoted the use of formal migration channels under the terms of existing bilateral MOU with Myanmar, Cambodia, and Lao PDR.[8] Since the early 2000s, Thailand has used these MOUs to cooperate on a range of labour migration matters,[9] including provisions to establish formal labour migration channels. In essence, these MOU procedures allow Thai employers to recruit migrant workers from countries of origin for employment in a range of manual occupations. However, there are significant procedural differences depending on the country of origin involved.[10] These typically relate to the volume of paperwork that “MOU migrants” are required to complete, which invariably impact the cost, duration and complexity of the process.
Section 64 Border Pass
Finally, we turn to the so called Section 64 Border Pass, named after the provision within the 2017 Royal Ordinance on the Management of Foreign Workers.[11] The border pass scheme permits nationals of countries that share a land border with Thailand to enter the Kingdom on a temporary basis or for seasonal work at a specified location. The application procedure and conditions of stay applicable to border pass holders are subject to specific by-laws and orders issued under now repealed legislation.[12] These typically require applicants to obtain approval from the provincial authorities in their country of origin, pass a medical, pay a fee and obtain a Thai work permit.[13] The various border passes available differ in duration (daily, weekly or monthly) and by the issuing authority in question. For example, the agreement between Myanmar and Thailand relating to the Myawaddy-Mae Sot border crossing, requires border pass holders to be residents of Myawaddy, and permits them to remain and work in specified areas within Tak Province for a period of 30 days. It is not uncommon for border pass application procedures to vary at short notice. For example, the application procedures at the Cambodian-Thai border have recently been tightened to “prevent Cambodians who are not native to or do not live in the [Cambodian border] province [of Banteay Meanchey] illegally applying for a pass and crossing into Thailand”.[14]
Footnotes
[1] For an overview, see Supang Chantavanich and Ratchada Jayagupta, “Immigration to Thailand: The Case of Migrant Workers from Myanmar, Laos and Cambodia” in Uma Segal, Doreen Elliott, and Nazneen Mayadas (eds), Immigration Worldwide: Policies, Practices, and Trends (Oxford: Oxford University Press, 2010), p. 303.
[2] See the criminal offences targeting illegal workers and employers enacted within the Royal Ordinance on the Management of Foreign Workers implemented in 2017 and 2018, which were promulgated alongside an immigration crackdown known as “Operation X-Ray Outlaw Foreigner”.
[3] For a historic overview see generally AMC & MMN, “Migration Needs, Issues and Responses in the Greater Mekong Subregion: A Resource Book”, 2002.
[4] Alessandra Bravi, Katharina Schaur, Alexander Trupp, Teeranong Sakulsri, Reena Tadee, Kanya Apipornchaisakul and Sureeporn Punpuing, “Migrants in Countries in Crisis (MICIC) Thailand Case Study: Migration and Natural Disasters – The Impact on Migrants of the 2011 Floods in Thailand”, 2017, p. 11, available at: https://reliefweb.int/ sites/reliefweb.int/files/resources/Thailand_CS_FINAL.pdf.
[5] See “Cops Crack Down on Illegal Migrants”, Bangkok Post, 2 July 2018, available at: https://www.bangkokpost.com/thailand/general/1495782/cops-crack-down-on-illegal-migrants.
[6] Cited in “Service Centres for Migrants to Re-open”, Bangkok Post, 20 April 2018, available at: https://www.bangkokpost.com/thailand/general/1448874/service-centres-for-migrants-to-re-open.
[7] This includes migrants registered during the round ending on 30 June 2018 (1,187,803), fisheries workers granted permission to remain until 30 June 2019 (6,082) and those who had previously completed NV (1,020,413). See Thai government statistics reported in UN Thematic Working Group on Migration in Thailand, “Thailand Migration Report 2019,” p. 12.
[8] For example see, Ministry of Foreign Affairs of the Kingdom of Thailand, “Press Release: Thailand uses MOU system to recruit migrant workers to fill jobs in marine fisheries sector”, 11 October 2018, available at http://www.mfa.go.th/main/en/news3/6886/95148-Thailand-uses-MOU-system-to-recruit-migrant-worker.html.
[9] See MOU between the Royal Thai Government and the Government of Lao PDR on Employment Cooperation, 18 Oct 2002; MOU between Cambodia and Thailand on Cooperation in the Employment of Workers, 31 May 2003; MOU between Thailand and Myanmar on Cooperation in the Employment of Workers, 21 June 2003. In 2015 and 2016, these MOU were revised and updated to broaden cooperation.
[10] For an outline of these differences and for a full appreciation of the complexity of the MOU process, see the respective fl ow charts as applicable to migrant workers from Myanmar, Cambodia and Laos in ILO, “Review of the Effectiveness of the MOUs in Managing Labour Migration between Thailand and Neighbouring Countries”, 2015, p. 12 and pp. 36-37, available at https://www.ilo.org/wcmsp5/groups/public/—asia/—ro-bangkok/documents/publication/wcms_356542.pdf.
[11] See, s. 64 of the Royal Ordinance on the Management of Foreign Workers’ Employment, B.E. 2560 (2017). Th e Royal Ordinance derives from an Emergency Decree that was approved without amendment by the military-appointed legislature. English translation available at: https://www.doe.go.th/prd/assets/upload/files/bkk_th/3c35c06309c7e8942a8f6ea363b8b916.pdf.
[12] Such as orders issued in accordance with the now repealed the Foreigners’ Working Act, B.E. 2551 (2008).
[13] See for example the detailed procedures explained in IOM, “Migrant Information Note”, December 2016, pp. 4-6, available at https://thailand.iom.int/sites/default/files/document/publications/MIN%20No.30_ENG_FINAL.pdf.
[14] See “Tough Rules in Place for Border Passes”, Bangkok Post, 3 January 2018, quoting Sa Kaeo immigration chief Pol Col Benjapol Rodsawat, available at: https://www.bangkokpost.com/thailand/general/1389318/tough-rules-in- place-for-border-passes.