1

BURMA

INDOCHINA PENINSULA
Based on Map No. 4112 Rev.2,
United Nations Department of
Peace-keeping Operations,
Cartographic Section.
2
January 2004
 www.thailabour.org
Photo: Network against Trafficking and Exploitation of Migrant Workers NAT. Mayday demonstration 2007.

3
 BACKGROUND NOTE
Ed. The text below attempts to précis
some of the issues mentioned in the
introductory pages to the TLC Annual
Report 2005 and provide a link to TLC’s
last major attempt to sum-up.
During the twin coups of 1957 and
1958 Field-Marshal Sarit Thanarat’s
‘Revolutionary Council’ took control of
the governance of Thailand and began to
push for rapid capitalist development.
The first phase came as Import Substitution
Industrialisation (ISI) which aimed to
protect domestic industries, eliminate
under-employment in agriculture and
generate employment and technological
progress. ISI was carried-out with
technical assistance and huge loans from
the World Bank.
In the 1980ies the World Bank made
an infamous U-turn, and began pushing
Export Oriented Industrialisation. EOI
was thence to dominate Thailand’s
economic development until Thaksin’s
Thai Rak Thai Party came to power in
2001.
The engine of EOI was seen as Foreign
Direct Investment (FDI). FDI is
dependent on investor confidence, and
investor confidence was considered
by most major investors to be closely
dependent on a state’s ability to keep the
labour market where the investor wanted
it to be, namely down.
That capital could flow easily and the
import of raw materials and export
of manufactured goods could be as
profitable as possible, EOI attempted to
offer corporations and investors a pudding
of cheap labour with de-regulation of
investment and trade as the sauce.
Under the Free Trade Ageement (FTA)
model, corporations are permitted
massive freedoms. In the highly
competitive race amongst corporations
to find the cheapest labour, workers
around the world have been forced to
become ever more flexible, to adapt if
they can to ever greater insecurity, to
less hope of permanent employment, to
the contractualisation, informalisation
(out-sourcing) and casualisation of their
labour - to adapt to less protection and
less (formal) bargaining power.
Certainly all this de-regulation did
contribute to the dramatic transformation
that Thailand experienced between
the mid-80ies and mid-90ies, but state
ambitions are one thing and reality
another.
Furthermore, the technical innovations
of the World Trade Organisation’s neo-
liberal propaganda machine, their under-
writing of the ‘Free Trade Agreements’
that most countries in the South have
been and still are pressured into signing,
are a direct cause of the flexibilisation of
employment and the increasing insecurity
now felt by the working class of not just
Thailand but every country around the
world.
Globalisation of supply-chain
management has impacted and is
impacting dramatically on employment
conditions. As global competition drives
working hours longer, harder and cheaper,
the cost of welfare rises and the number
of companies and corporations willing
to shoulder the cost of providing job
security and social welfare decreases.
Following the Asian financial crisis of
1997, the Labour Movement in Thailand
found itself facing great challenges - not
only flexibilisation of the workforce,
but also the steady influx of migrant
workers, blind state adherence to IMF-
style privatisation, and the many impacts
of more than 10 FTAs.
Basic rights like the Right to Freedom of
Association and the Right to Collective
Bargaining are routinely suppressed in
Thailand - and in the region as a whole.
In the state-sponsored thrust for greater
profit and ‘investor confidence’, in the
face of intensely competitive local,
regional and international pressures, the
administration of Thaksin Shinawatra
pursued strategies designed to lower
wage and production costs, especially
through the (forced) adoption of (and
experimentation with) flexible forms of
employment.
All of this is a great challenge to the
Labour Movement - to hold together,
to maintain existing unions and to forge
new unions and new forms of cross-
sectoral Solidarity.
The Thai workforce is presently split into
several categories. Workers in the private
and public sectors are not allowed to
form confederations with one another. In
the private sector there is a dual labour
4
market comprised of ‘regular workers’
and ‘short-term workers’ usually on fixed
contracts negotiated by labour agencies.
Furthermore, there is a growing number
of migrant workers in Thailand who are
easily controlled by employers, and are
perhaps, to the capitalist, the ‘ideal form’
of flexible labour.
It is very important that workers
understand that this neo-liberal form
of globalization is being pressed home
by corporations that adhere to rules for
world-trade that are led by the World
Trade Organisation and implemented
through a number of thoroughly non-
democratic instruments like the so-called
Free Trade Agreements (FTAs).
It is very important that workers in
Thailand, and everywhere, understand
that thousands of organisations and
people’s movements around the world
have been and are demonstrating against
the de-humanising impacts of the neo-
liberal trade model. And it is equally
important that workers in Thailand, and
everywhere, realise that the governments
of nearly every country in Asia are moving
full-steam ahead with the liberalisation
of trade and investment without respect
or notice for the warnings and cries of the
workers of the world.
This form of liberalization is nothing less
than a double-standard. It ensures optimal
freedom for investors and corporations
through maximum avoidance of local
and international standards of human
rights, participatory democratic rights,
environmental rights and labour rights.
This double-standard policy only
increases the chance of people from
vulnerable groups being exploited and
oppressed: workers, women, indigenous
peoples, migrants and poor people.
Campaigning for the promotion and
implementation of basic human and
labour rights - for the Right to Freedom
of Association and Collective Bargaining
- is absolutely necessary if trade unions
and worker’s organisations are to engage
democratically in our common struggle
for sustainable development.
Note:
For ‘Conclusion’ to the
TLC Annual Report 2005, see page 54.
 With reference to textile and clothing industries
the ‘RE-LOCATION GAME’
sustainable development or straight forward exploitation?

Starting from the United States of America and European Union,

a ‘RACE to the BOTTOM’,
to where human rights and welfare are weakest and wages are lowest.

1960 – 1970
Mexico Expansion of mass-production to NICs:
newly industrialised countries (NICs): Taiwan
Korea, Taiwan, Hong Kong, Singapore . . Hong Kong
Korea
1974 (-1995)
Implementation of WTO’s Multi-fibre Arrangement (MFA)
Re-location of mass-production from North to NICs and the South
Central
America 1980ies
Promotion of Foreign Direct Investment (FDI) South East Asia
and Export Promotion Zones (EPZs) in the South

1995
China enters the game
Africa
South Asia
After China . .
return to 1980ies with
promotion of Special Economic Zones (SEZs)
facilitated by Free Trade Agreements (FTAs)
Eastern EU
China
Where next?

Trans-national corporations (TNCs) grow and remain alive by aiming to secure the shortest possible production times,
lowest possible production costs, least possible over-stock and fastest possible delivery with least possible risk.

The governments of the South / poor countries are pressured by TNCs to compete with each other in terms of who can
provide entrepreneurs with the most attractive incentive programmes so that TNCs can acquire fastest possible pro-
duction time at lowest possible cost. As the governments of the South submit to TNC pressure their legitimate power
to direct their economies is usurped by TNCs.

5
 CONTENTS Page

Background Note from 2005 4

FOREWORD 9
Junya Yimprasert, TLC Chief Co-ordinator
8-Year achievement, Initiatives, Strategy, Triangular Solidarity

1.0 The Labour Movement in Thailand 12

1.1 Political Reform 13
1.2 Minimum wage 13
1.3 Living wage 13
1.4 Social security 13
1.5 Gender and Trade 13

2.0 Campaign for the Right to Freedom of Association 15

2.1 Labour Rights Caravan 16

2.1.1 Caravan activity 2007 16
2.1.2 Observations and remarks on the 2007 Caravan 17
2.1.3 Towards a Centre for Labour Rights 17
2.1.4 Constraints 17

2.2 Campaign for the Ratification of ILO Conventions ’87 and ’98 17
2.2.1 Raising awareness for ratification 18
2.2.2 First National Conference 18
2.2.3 Action Plan 2008 - 2011 18

3.0 Campaign for the Rights of Migrant Workers 20

3.1 Migrant workers in Thailand 21

3.1.1 TLC advocacy for migrant worker rights 21
3.1.2 TLSC demands to the Government 21
3.1.3 TLSC proposals to the Government 23

3.2 Burmese migrant workers in Thailand 25
3.2.1 Report from the Mae Sot area 26
3.2.2 TLC meetings, workshops & seminars for migrant workers 27
3.2.3 A typical case from Mae Sot, May 2007 28

3.3 Thai Migrant workers 29
3.3.1 Support for Thai migrant workers in Israel. 29
3.3.2 Thai and migrant workers unite 29

3.5 Network against Exploitation & Trafficking of Migrant Workers (NAT) 31

4.0 International Day for the Elimination of Violence Against Women 32

4.1 Bangkok 32
4.2 Mae Sot 32

6
 Page

5.0 Gender and Trade 33

5.1 Gender and Trade Literacy Workshops 33

5.2 Lessons learnt 33
5.3 Gender and Trade Literacy Hand-book 33

6.0 Thai Woman Forum 35

6.1 Building the Forum 35

6.2 Problems encountered 36
6.3 Results of the Forum 36
6.4 Continuation from Woman Forum to Gender Forum 36

7.0 FTAs and SEZs 39

7.1 Policy-making in Thailand 39
7.1.1 Free Trade Agreements 39
7.1.2 Special Economic Zones 39

7.2 TLC Research 40

8.0 Global Solidarity 42

8.1 World Social Forum and other meetings 42

8.2 Other meetings 42
8.3 TNCs and violation of rights 43

9.0 Labour Rights media 44

9.1 Workers Voice Radio FM 98.25 44

9.2 TLC Website 44
9.3 ‘Labour Focus’ 44
9.4 Documentaries 44

10.0 SHORT HISTORY of ILO (Continued on page 55) 46

ADMINISTRATION 47

SUMMARY 49

Acknowledgements 51

Note from the Editor 52

Conclusion from 2005 54

Appendices (not included but available upon request to TLC):

1. Statement of Accounts
2. Table of Activities in 2007
3. TLC Work Plan 2008

7
8
“Thailand was a Kingdom with full judicial independence until the reign of King Rama IV of Chakkri Dynasty
(1804 - 1868). During his reign, the King conceded to the regime of “Extraterritorial Judiciary” of foreigners through
the signing of Bowring Treaty within which judicial independence was partly forsaken. Treaties of this nature were
created not only with Great Britain but also with other foreign powers during the late Nineteenth Century.”

The study of the new, criminal law theory for the draft royal decree on the offences against body and life R.S. 118.,
Chunchay Rochanasaroj, Chulalongkorn University, 2000.

FOREWORD
Junya Yimprasert, TLC Chief Co-ordinator

After the Bowring Treaty of 1855, as with the signing of FTAs today (See
page 39), Thailand was unconditionally obliged to sign similar treaties
with a gang of other countries. In 1855 it was the US, France, Denmark,
Portugal, Netherlands, Germany, Sweden, Norway, Belgium, Italy, Austria-
Hungary, Spain, Japan and Russia. Full-scale industrialisation of Thailand
really only began in the 1960ies, in 1961, with the First National Economic
Development Plan. Before this Thailand was still an almost entirely rural
economy. Export promotion came in with the fourth 5-year plan in 1977.
Today we are in plan No. 10.

In 1961 forest cover in Thailand was still 53%. When logging concessions
for teak and other hard woods were finally stopped in 1989, Thailand’s forest
cover had been reduced to a mere 28%, leaving huge areas open to new
forms of exploitation, to alien forms of agriculture and to the building of roads and dams. By this time the ‘Green
Revolution’ in Thailand was well underway, and industrial zones were growing and gaining momentum, especially
around Bangkok. In 1960 the population of Thailand was 26 million, by 1980 it had nearly doubled.

The impact of logging, and of the Green Revolution and the industrialisation that followed, is characterised by the
arrival of a previously unknown level of struggle and competition for local resources and the means of production,
by the arrival of water-shortages, drought and the devastation of the lives of millions of previously self-sufficient
Thai farmers.

Most small farmers swallowed the financial propaganda of the Green Revolution and turned away from self-
sufficiency to the so-called cash-crops promoted by the Government. Since then, small farmer incomes have never
been enough for the basic needs of the whole family. Millions of daughters and sons found themselves having to
accept work in sweatshops, and falling prey to the labour trafficking agencies and cartels that serve the world’s
cheap labour markets. Malaysia became the largest host country for Thai labourers, with mainly illegal workers
crossing the southern border, and since the mid-90ies Taiwan has remained the largest ‘legal’ destination, with
Israel and Korea coming in second and third. Thailand itself is now the recipient of large numbers of mainly illegal
Burmese migrant workers who can be (conveniently) employed for less than half the legal minimum wage.

In tandem with the growth of corporate power and the greed of the Thai elite, new industrial estates are rising under
the new “Extraterritorial Judiciary” manifest in the form of not logging concessions but the Special Economic Zones
that are now springing up all over Thailand. All of this can be traced to the Bowring Treaty.

When we look for sustainable development and at the roots and causes of Thailand’s weak democracy and cultural
dilemma, when we look at Thailand’s pain in fact, we see that we are facing large issues, and deduce that we must
focus on Solidarity - on helping workers and small farmers to comprehend the whole picture.

The Thai Labour Campaign (TLC) was formed in February 2000 to help
workers and small farmers to stand-up for their rights and to focus on building
triangular solidarity between national, regional and global labour and human
rights campaigns and organizations, especially trade unions.

9
 TLC works to strengthen
TRIANGULAR SOLIDARITY
LOCAL

Workers Sustainable
livelihood

Collective Social
Government Employers bargaining welfare
Key issues

Worker’s rights + legal code

Autocratic government
Flexibilisation of employment
FTAs and SEZs
FREEDOM of ASSOCIATION

REGIONAL GLOBAL

socio-cultural

socio-ecologic socio-economic

TLC’s work has FOUR DIMENSIONS

INFORMATION, ANALYSIS & SUSTAINABLE LIVELIHOODS

TRAINING RELEASE and REHABILITATION
Field research, participatory workshops, Building and promoting sustainable
educational materials, hand-books,
documentaries, radio programmes and
↔ life-styles and living patterns,
supporting worker’s co-operatives and
radio spots, posters, T-shirts, stickers, new forms of organic economy.
website . .

↕ Rights-based approach ↕
NETWORKING SOLIDARITY
Linking and building networks and alli- ACTION in company with partners,
ances with and between local, regional alliances and networks to strengthen
and global organisations, women’s net- ↔ struggle for human rights, policy
works and people’s movements. change and quality of life.

10
 Only 330 000 workers protected by Tripartite Policy

POPULATION
65 MILLION
PEOPLE

With respect to the conventions of the International Labour Organisation (ILO),

the Thai state’s tripartite structure represents only 1% of the national labour force.

Stop Privatisation march 2207: President of SERC with workers of the Express Transport of Thailand Union workers.
Photo: Suthasinee Kaewleklai.
11
1.0
The Labour Movement in Thailand
Most of the trade unions in Thailand are in-house unions and, with 11 national labour congresses and 16 labour
federations, finding a voice of unity within the Thai Labour Movement is not easy.

Labour organisations in Thailand

Workers
Public enterprise associations 45 (168 500 individual members, 2005)
Private enterprise labour unions 1 216 (1 360 339 individual members, 2005)
Labour union federations 16
Labour union councils / congresses 11

Employers
Employer’s Associations 408
Employer’s Association federations 2
Employer’s councils 12

Source: Labour Relations Bureau, Department of Labour Protection and Welfare, 2007 (2005).

In comparison with the national labour force of 36 million, in Thailand (a country where Direct Foreign Investment
runs at around 40%) union membership is extremely low at 1.5%. In Indonesia and the Philippines the figure is
about 7%, in Malaysia about 9%, in Korea it rises to 11% and in Japan to 22%.

As is the case with many countries in the South, forward movement to proper establishment of Human and Labour
Rights in Thailand is impossible without the solidarity and support of the International Labour Movement (ILO).

The need to establish the tripartite approach to the management of labour relations (workers-government-employers)
was one of the main causes around which ILO was formed in 1919.

Thailand was a founding member of ILO and certainly the Government of Thailand as always been well aware of
the need for a proper tripartite approach.

The Tripartite Consultations Convention 144 was introduced by ILO in 1976, but has not been ratified by Thailand.

Today the Thai Ministry of Labour lays claim to 15 tripartite state bodies, including committees on wages, labour
welfare, labour relations, welfare funding, occupational health and safety, and labour development.

In practice however the tripartite structure that exists in Thailand has, so far, been of little benefit to workers.
Accusations as to the cause of the lack of labour policy reforms focus on manipulation of tripartite election
procedures by the employer associations.

The eleven national labour congresses do not form a united body to bargain for the benefit of workers. Most of their
time is given to waving flags on ‘Government-sponsored May Day’ and competing for places on tripartite state
committees.

Call them what you may, these main-stream factors, along with a great bundle of ancillary factors (hostile
bureaucracy etc.), are a large part of the answer to why the Labour Movement in Thailand is so weak and why only
1.5% of the 36 million strong labour force is unionised.

In Thailand, labour rights violations are found in every corner of every business and the real struggle of the poor is
still being fought by grass-root activists and unionists.

The Thai Labour Solidarity Committee was formed in 2001 as a national coalition of 32 labour unions, federations
and NGOs - to bring Thailand’s labour laws into the 21st Century.

12
1.1 Political reform
With regard to political reform in Thailand, the Thai
Labour Movement, working in solidarity with the
‘People’s Movement’ led by the Thai Labour Solidarity
Committee, has been calling for many amendments to the
1997 Constitution e.g.
• the Right of Freedom of Association and Collective
Bargaining without state intervention;
• the right of women to have the same possibilities as
men in all levels of government;
• abolition of the requirement that a member of the
House of Representatives must have a bachelor
degree;
• making it possible for workers to cast their votes in
their workplace during general elections.
These demands and appeals remain even more relevant to
the Constitution set-up by the military government after
the 2007 Coup.
1.2 Minimum wage
In Thailand the minimum wage differs between provinces.
In 2007 there were 22 different wage levels ranging from
143 -194 Baht (3 - 4 Euro / day).
Regarding the standing demand for a nation-wide
minimum wage standard, three years ago the Labour
Movement began calling for a minimum wage of 7,000
Baht per month (140 Euro). To monitor follow-up to this
demand, in 2007 there were many seminars on minimum
wage and discussions with the Ministry of Labour.
1.3 Living wage
With regard to the Principle of Living Wage, in 2007
TLSC made a survey of basic living costs. Results
showed that, on average, basic living costs were around
288 Baht / day (<6 euro), about 50 Baht / day higher
than the demand for 7,000 / month. The results also
showed the contradictions between the different labour
congresses, between those who call for a minimum wage
rate without caring whether it is decent or not, and the
progressive organizations who call for a rate that is fair
for every worker in the country. The important point here
is that the Ministry of Labour, when considering demands
to increase the minimum wage, is able to claim that it has
different opinions to consider. Other TLSC demands to
the Government concern e.g.
• Ratification of ILO Conventions ’87 and ’98;
• Establishment of child-care centres in industrial
zones;
13
• Stopping privatization of state enterprises;
• Amending the 1975 Labour Relations Act to accord
with ILO core conventions;
• Establishing an independent Occupational Health
and Safety Institute.
Note: The recently approved Occupational Health and
Safety Bill drafted by the Ministry of Labour under the
military government was continuously opposed by the
Labour Movement.
Social security 1.4
One of the many major issues facing the Thai Labour
Movement is the struggle for Social Security and Social
Welfare. In 2007 TLSC called for:
• transparent administration and management of the
Social Welfare Fund and reduction of management
expenditure by 5%;
• democratic election of members of the
Administrative Committee of the Social Welfare
Fund with at least half of the members women;
• public hearings concerning investment of Social
Welfare Fund finances;
• an overall improvement in social welfare benefits,
especially for the self-employed;
• amendment of the current unemployment package to
cover wages-in-full for six months;
• extending social security benefits to cover serious
diseases e.g. sickness related to kidney
disorders and cancer;
• permitting a worker holding a ‘Social Welfare Card’
to go to any hospital in the country.
Gender and Trade 1.5
TLC’s work on Gender and Trade has been increasingly
recognized by the Women Workers for Unity Group, a
coalition of women workers organizations and NGOs.
Two TLC staff participated in the Annual WWUG
Conference of affiliated organizations to evaluate
WWUG activity and draw-up action plans. The various
areas of WWUG activity are delegated to teams. TLC
staff participate on teams responsible for:
• organising new members and empowerment of
existing members;
• capacity building of trade union rank and file
members; (Note: Many women on union committees
feel unable to voice what they really want in terms
of decision- and policy-making at either union or
Government level.)
 ABL E DEVELOPM
SUSTAIN ENT
2008 2008
ORGANIC ECONOMY

Struggle for Democracy

Gender & Trade Workshops People: women, men, LGBT,
youth and children
Regional forums
Freedom of Association Rural women activists
Developing educational
materials, tools, Global
community websites unions Migrant workers
and radio Regional
networks GENDER EQUALITY

14
Women as Decision-Makers NGO alliances
Forming unions and associations

Working with trade unions
Local
networks
Campaigning against
labour rights violations
People’s movements
Building Grass-Root Alliances
Global
campaigners
State enterprise unionists
Rights-based Strategy
Private sector unionists

CO-OPERATION
LOCAL < - > GLOBAL
2001 2001
 With Thailand following royally the neo-liberal approach to development, all effort and emphasis must be given to
strengthening grass-root activity, to developing infra-structure and mechanisms for building grass-root solidarity and
collective bargaining power.

2.0
Campaign for the Right to Freedom of Association
There is no single reason why there is so little organised labour in Thailand. The Thai Labour Movement faces an
amalgam of socio-cultural and socio-political reasons. The nature of the Thai, as is the nature of most peoples that
follow the way of Buddha, is to avoid conflict and, thereby, also decisive confrontation this way or that. Relative to this,
the European peoples tend to respect hard-driving for decisive confrontation. These broad socio-cultural differences,
which are not easy to judge, tend to mean that, in the highly rationalised, competitive, western-driven ambience of the
prevalent neo-liberal ‘philosophy’, the people at the bottom, with workers in S-E Asia no exception, are often poorly
adjusted and ill-equipped for the fight for the protection of their rights, and need various forms of assistance.

TLC’s task is to keep on exploring ways to assist workers increase their collective bargaining power, not just with their
employers but also with respect to the legal code. TLC’s primary focus is consequently on the basic pre-requisite of
raising public consciousness of the principle of and the right of Freedom of Association.

The question ‘why is collective bargaining within Thai labour so weak’ can be asked, but it is more pertinent to re-
structure the question and ask . . ‘Why with such a small organised labour force has Thailand’s Labour Relation Act
remained more-or-less unchanged for more than 30 years?’ Why do successive Thai Governments show no interest in
ratifying internationally agreed conventions on such basic matters as the Right to Freedom of Association? What are
the real reasons why successive governments feel at liberty to ignore labour rights?

With clear understanding that sustainable development cannot be achieved without grass-root solidarity and a
progressive Labour Movement, TLC has, from foundation, worked closely with the Thai Labour Movement for grass-
root mobilization in general.

Within TLC, Suthasinee Kaewleklai and Saneh Hongthong, TLC’s National Campaign Co-ordinators, carry most
responsibility for TLC’s direct co-operation with the Thai Labour Solidarity Committee (TLSC), the Women Workers
for Unity Group (WWUG) and (Thailand’s) NGO Co-ordinating Committee on Development (NGO-COD). Both
Co-ordinators participate regularly in the monthly meetings of both TLSC and WWUG, often with other members of
the TLC staff.

Wilaiwan Sae-tai, Sawit Kaew-whan and other

TLSC leaders submit a letter to a Government
representative demanding equal rights for Thai
and Migrant Workers, outside Government House,
International Migrant Workers and Family Day,
18.12.2007.
Photo: Suthasinee Kaewleklai

15
 2.1 Labour Rights Caravan
When the large manufacturing industries began relocating
to the outskirts of Bangkok and to new industrial zones in
far-off provinces in the mid-90ies, Thai labour education
did not seem able to respond. In 2000 TLC had no
resources for seminars in Bangkok hotels. The need at the
start of the 21st century was for relevant forms of labour
education in the new industrial zones.
TLC began to reach-out to organised and non-organised
labour making use of all possible educational means
to raise awareness of labour rights, health and safety
standards and democracy in general. By 2004 these
activities were becoming recognisable as a new model for
labour education in Thailand – in the form of a ‘Labour
Rights (Education) Caravan’.
TLC has been developing the Labour Rights Caravan in
cooperation with volunteers from TLSC, SERC, WWUG
and many other labour organisations. Every year has
been witness to an increasing number of volunteers
and, in 2007, the Caravan showed signs of being able to
function as an autonomous, independent project with a
collective, gender-sensitive management drawn from the
more progressive elements of the Labour Movement.
2.1.1 Caravan activity 2007
10th February 2007, Bangchun Housing Estate,
Minburi District, Bangkok.
Over 150 people participated including members of the
Almond Labour Union, people from the local community
and allied workers from Saraburi province, the Rungsit
Industrial Area and several state enterprise trade unions.
Main aspects
The Caravan Team worked with the local community to
organize the event. The event led to community leaders
offering a place for building a childcare centre; and
the WWUG has been coordinating with the Bangchun
Community ever since, assisting with e.g. links to the
MoL for the purpose of developing the childcare facility.
With many migrant workers living and working in the
area and people in the community tending to view migrant
workers as a threat to their jobs etc., the Caravan was able
to assist people with understanding that the problem is
not migrant labour in itself, but a broader issue within
Thai society in general, of the need for national law that
gives migrant workers equal protection to Thai workers.
31st March 2007, in front of the Governor’s Office,
Samutprakarn Province.
This was a joint-forum that focused mainly on political
reform. There were over 200 participants from the
Samutprakarn’s industrial area which is home to the large
16
Thailand Electrical Appliance Worker’s Federation and
the Textile, Garment and Leather Worker’s Federation of
Thailand (TGLWF).
Main aspects
With trade unions well-established in Samutprakarn
Province the Governor accepted an invitation to the
Opening of the Caravan. The Caravan provided a platform
for participants to ask questions on the Constitution being
drafted by the Legislative Council. People expressed their
dislike of the drafting of yet another Constitution under
yet another military Government. (Note: Thailand has
had something like 35 Constitutions since 1932.)
The Caravan Team recorded issues of concern raised by
participants - for TLSC to take forward to the Constitution
Drafting Council. The Team itself raised issues regarding
the right to vote in the workplace during a general election,
the right of workers to be active participants in determining
social security priorities and policies, the clearly urgent
need for the Thai Government to ratify ILO ’87 and
’98, and the need to abolish the elitist requirement that a
bachelor degree is necessary to stand for membership of
the House of Representatives, and for the State Senate,
and for the Bangkok Metropolitan Council etc.
7th April 2007, Saraburi Industrial Area
Although the Caravan faced problems with heavy rain,
about 500 people came to collect literature and leaflets
and, despite the rain, there was a half-day meeting with
about 60 trade unionists to discuss local labour problems
and proposals for political reform.
Main aspects
With two visits to the Saraburi Community in 2007, the
Caravan established good contact and cooperation with
local people. The Caravan took note of the struggle of
the Saraburi Community against the 1500 MW Kaeng
Khoi combined-cycle gas generating plant (Gulf Electric
/ Pöyry Energy). Youth from the group against the power
plant were eager to participate in the Caravan’s second
visit. Also, community leaders from Saraburi brought
their story of the powerlessness of villagers facing mega-
projects to the May Day Rally outside Government
House in Bangkok. In this way the Saraburi Caravan
demonstrated how a coming together of union interests
with those of communities attempting to protect local
community rights can be helpful to both.
1st September 2007, Rangsit Industrial Area
Over 300 people showed interest in the Caravan. The
two hundred ready-prepared set of documents were
not enough. Workers and TLC staff distributed posters
sponsored by the Paisarn Tawatchainan Foundation in
public areas, on phone booths, electricity poles etc.
 Main aspects
The Caravan was able to welcome both unionized and
non-unionized workers from the Rangsit and Navanakorn
Industrial Zones. ‘Quiz time’ on Labour Rights was
especially popular. Correct answers were rewarded with
a small gift.
2.1.2 Observations and remarks on the 2007
Caravan
The Caravan was able to . .
give strength to the groups that focus on political reform;
• raise and take forward migrant worker issues;
• shed light on common issues facing communities in
rural areas and new industrial zones;
• raise awareness of how labour rights and political
rights are linked, and distribute (MoL) information
on social security schemes.
Local officials and politicians showed more interest than
previously, especially in areas where trade unions are
active.
The Caravan received more donations than previously -
in terms of food, voluntary work contributions, space for
meetings and printing of information, and seems now to be
functioning quite well with a re-structured Caravan Team
consisting of Director, Secretariat, Treasurer and Working
Committee. Also to be noted, the Caravan reached more
people when staged in the centre of a community.
2.1.3 Towards a Centre for Labour Rights
One of the most significant achievements of the 2007
Caravan came from the planning meeting of the Caravan
Working Team on December 7, 2006, when it was
decided that, after 3 years of Caravan activity, a Centre for
Labour Rights should be established to take on the task of
coordinating and developing the aims of the Caravan. The
Railway Workers Union kindly agreed to host the Centre.
The Centre is chaired by Sawit Kaew-wan from TLSC,
and the Working Committee is drawn from the following
organisations:
Thai Labour Campaign
Thai Labour Solidarity Committee [TLSC]
Labour Coordinating Center
State Enterprises Workers Relations Confederation
Women Workers for Unity Group
Centre for AIDS Rights
Paisarn Thaawatchaiyanan Foundation
Council for Work and Environment-Related Patient’s
Network of Thailand
Amnesty International, Thailand Office
TLC initiated the Labour Rights Education Caravan
17
(LRC) programme in 2004 and is proud of progress to
date. With the birth of the new Centre and with many
labour organizations, unions and federations now
participating and taking-over the running of Caravan
activities, the process can be regarded as on-going. This
is a real step to greater solidarity within the Labour
Movement in Thailand, a step made through taking
labour education programmes to the people, hopefully,
eventually, throughout Thailand.
Constraints 2.1.4
LRC organization is, never-the-less, still in a formative
phase and needs to be strengthened. The organization of
field activities needs special attention. The LRC needs
to give attention to how to improve the grass-root flow
of information within the communities the Caravan is
requested to visit, in other words to how to maximize the
participation of both union and non-union members in the
industrial zones.
Caravan field-work often involves lifting and moving
heavy stage equipment and requires the voluntary
participation of young activists to function as stage-hands
etc. The LRC is also in clear need of its own vehicle(s) for
transporting people and equipment, to be able to reach out
to remote villages - as a mobile display for educational
materials, as a mini-cinema etc.
LRC printed materials are out-of-stock and, for the
moment, the LRC has no resources to print more. The
budget to date has never been sufficient to cover the
costs of the activities planned. At present the Caravan
is being kept alive financially by TLC and by voluntary
contributions of 100 baht / month from the most dedicated
LRC activists. TLC hopes that the Caravan will become
self-financing as soon as possible.
Campaign for ratification of ILO 2.2
Conventions ’87 and ’98
For many years - for almost two decades - one of the
Labour Movement’s ‘May Day Demands’ has been for
the Thai Government to ratify ILO Conventions ’87 and
’98.
Thailand was one of the founding members of ILO in
1919, but has ratified only 14 of ILO’s 188 conventions.
For 30 years, between 1969 - 1999 Thailand did not ratify
a single ILO convention despite the fact that Thailand
was being rapidly transformed from an agricultural
to an industrial-led economy with huge migration of
rural people to the cities. These people, searching for
new livelihoods under unfamiliar circumstances and
conditions, needed protection - with respect to their
living conditions, circumstances of employment, their
 environment and health. For decade after decade Thai
governments have consistently ignored fully legitimate
demands to ratify ILO conventions, which are formulated
to assist governments improve labour rights protection
and amend national law to comply with international
standards. This political lassitude and the fact that only
1.5% of the 36 million Thai labour force is unionised are
inseparable phenomena.
Since 1999 the Thai Government has ratified 3 ILO
conventions. In 1999 it ratified the Equal Remuneration
Convention No.100. In 2001 it ratified the Worst Forms
of Child Labour Convention No. 182, and in 2004 the
Minimum Age for Admission to Employment Convention
No. 138.
Ratification of the ILO Convention ’87 will . .
• give workers and employers the right to enjoy
forming unions without need to ask the permission
of the State;
• prevent aggressive intervention by government
officials when the Right to Freedom of Association
is being exercised;
• permit any trade union or association to join freely
together with any other organization, national or
international.
Ratification of the ILO Convention ’98 will . .
• protect workers from all discriminatory actions (by
employers / State) because of being, or attempting to
form themselves into, unions or associations;
• prevent employers from attempting to control the
activities of worker’s associations;
• protect employees and employers from aggressive
intervention in each other’s establishments,
administrations and praxes;
• promote open negotiation between workers
associations and employers associations.
2.2.1 Raising awareness for ratification
Since foundation in 2000, TLC has worked ceaselessly
to raise awareness of the importance of International
Labour Standards, especially of the ILO Conventions.
Ratification of ILO ’87 and ’98 is also one of TLSC’s
MayDay Demands. As a member of TLSC it has been
TLC’s delegated task to campaign for ratification.
In order to be able to illustrate for the Thai Labour
Movement, general public and Government how
much workers and union leaders suffer from the union
busting practices that are a product of Thailand’s weak
labour protection laws, TLC has been documenting and
collecting data on labour violations and union busting,
and has, during the last 6 years, documented more than 50
18
cases, in which TLC has provided either direct or indirect
assistance to workers.
TLC found it intolerable that almost every case that
went to court ended in favour of the employer. Since
October 2006 TLC has been supporting the defence
of the leadership of three unions: Centaco Processing
Worker’s Union [8 cases], the Mikasa Worker’s Union
[4 cases] and the Almond Worker’s Union [2 cases]. By
building-up a legal team that understands Human Rights,
Workers Rights and Women Rights frameworks, TLC is
now ensuring a fair result in all court cases in which it
becomes engaged.
TLC has succeeded in bringing the issue of ratification of
the ILO Conventions to all relevant levels of Thai society,
also to the ASEAN community, and also made ILO fully
aware of the situation in Thailand.
First National Conference 2.2.2
On 5th May 2007 TLC organized a roundtable at the Thai
Labour Museum with 30 participants from the trade union
leadership.
On 25th August 2007 TLC and TLSC organized the ‘First
National Conference on ILO Conventions ’87 & ’98’ at
the Bangkok Palace Hotel. Over 170 representatives from
both private and state enterprise trade unions participated,
representing some 60% of organised labour in Thailand.
On 30th August 2007, the consensus of the First
National Conference was submitted by TLSC to the
Thai Government, copy to ILO, expressing especially
the imperative need to ratify ILO ’87 and ’98. The main
features of the Action Plan agreed at the Conference are
outlined below.
Action Plan 2008 – 2011 2.2.3
Organisation within unions
The Action Plan emphasises education for union
members who still lack information and understanding
about ILO by e.g. organising seminars for union members
about Thai labour laws that contradict ILO ’87 and ’98,
ensuring improved dissemination of printed information
on Labour Rights within the unions, and ensuring that
e.g. community radio and newspapers cover labour rights
violations, and that public relations notice boards are kept
up-to-date and, furthermore, by organising campaigns in
which trade unions and communities can enjoy to work
together with and alongside local and national partners
and alliances outside the Thai Labour Movement.
Raising awareness in the industrial zones
Labour rights activists need to be abreast of developments
and able to share information. With respect to the Industrial
 Stop Privatisation: Suthasinee Kaewleklai and
Sathachon Kaew-whan marching with workers of
the Express Transport of Thailand Union
Photo: Saneh Hongthong
Zones the Action Plan emphasized dissemination of
information, also the need for union groups from the
industrial zones to do their best to develop, within their
zones, educational programmes on trade unionism, in
particular because labour activists, educationalists and
facilitators must know how to collect data methodically -
so that policy-makers are correctly informed and can use
the data received to make effective decisions.
Furthermore, the Action Plan for the Industrial Zones
emphasized the need for . .
• developing the quality of printed materials and media
(leaflets, bulletins, videos, CDs, community radio,
TV);
• ensuring the Ministry of Labour contributes to
the costs of developing the required educational
materials;
• campaigning for awareness of the importance of
the ILO Conventions and the need for adherence to
global standards;
• raising local and national support for the work of the
Labour Rights Caravan;
• organising meetings and seminars for the purpose
of sharing experiences with an as wide as possible
range of organisations - local, regional, national,
international and global.
At national level the Action Plan includes . .
• ensuring grass-root trade union activity experience
19
acquired on the local, regional and national stages is
translated into educational material that is integrated
into the formal educational curriculum of primary
schools;
• providing education, for all trade unionists of
whatever status, that covers all labour issues
(including contract labour, out-sourcing etc.), that
promotes active discussion on ILO C.87 and C.98,
and that stimulates . .
• work for the development of human and labour rights
curricula in universities;
• development of the quality of Labour Rights media
(leaflets, bulletins, newspapers, magazines, websites,
TV programmes, community radio, music, theatre);
• campaigning for Labour Rights by organising national
action days, nation-wide demonstrations etc.
Regarding the International Campaign for Ratification
• ensuring that Worker’s Radio programmes press for
ratification;
• ensuring the ‘international community’ is informed on
major violations of trade union rights in Thailand;
• ensuring that documentation of trade union violations
in Thailand are publicised in as many languages as
possible;
• organising seminars and conferences between Thai
trade unions and international / global organisations
like the IMF, ITGLWF, Good Electronics etc.
3.0 Campaign for the Rights of Migrant Workers

Seminar for Burmese labour activists,

Mae Sot, 2007

With support from Norwegian Church Aid (NCA), three years ago TLC initiated a ‘Campaign for
the Rights of Migrant Workers’ especially for the Burmese who have fled the military regime and
have no legal status in Thailand. Through this work TLC has come to a better understanding of the
many strengths and vulnerabilities of migrant workers.

Since the beginning of this Campaign, TLC has . .

• provided direct support in urgent cases of violation of worker rights, employing one full-time
staff, Saner Boonthong, in Mae Sot on the Thai-Burma border;

• worked to raise public awareness of the extremely vulnerable predicament of Burmese and
other migrant workers in Thailand, and the dangers both migrant and Thai workers face of
being caught-up in the labour trafficking business;

• raised-up the issues of migrant workers within the unions and begun the process of mobilizing
union support for migrant workers;

• participated with all the many other human rights and labour organizations in solidarity actions
for democracy in Burma.

The campaign is now an integrated part of TLC’s broad strategy to gain the support of Thai unions
and members of the public in raising understanding of the need to establish the Right of Freedom
of Association in Thai society.
20
 3.1 Migrant workers in Thailand
On United Nations International Migrant Workers
Day, 18th December 2007, ILO launched a report by
Dr Philip L. Martin stating that the 1.8 million migrant
workers in Thailand are contributing 2 billion dollars /
annum to Thailand’s GDP. (http://www.iom.int/jahia/
Jahia/eventAS/cache/offonce?entryId=16240 and www.
prachatai.org [19/12/2007])
From this it is reasonable to conclude that migrant workers
in Thailand are not a burden to the Thai economy or a
threat to national security, as the Government is prone to
claim. On the contrary, migrant workers are contributing
significantly to the health of the Thai economy.
Violations of migrant worker’s rights caused by
Thailand’s state security policies cause a lot of concern
and indignation all around the world.
3.1.1 TLC advocacy for migrant worker rights
TLC has opened up the issue of migrant worker’s
rights to a wide network that includes, besides the Thai
Labour Movement, Thai trade unions and government
departments, also the Assembly of the Poor and all kinds
of people’s movements and protest groups, as well as
individual members of the legal and other professions.
TLC will continue to explore and investigate new
pathways and possibilities to strengthen the bargaining
position of migrant workers in Thailand. In January 2008
TLC took on a new member of staff, Jaruwat Kayuenwan,
to increase TLC’s capacity to work with migrant worker
issues.
At present TLC has 4 main approaches to solving migrant
worker issues:
1. Exploration of potential ways and means to change
Thai migrant labour legislation so that it gives (i) full
cover to the right of migrant workers to freely join and
form unions, (ii) equal rights with Thai workers, and (iii)
protects migrant workers from all forms of racism and
discrimination.
2. Collaborating with Thai unions on the matter of opening
union membership to migrant workers in their workplace
and / or in the same industrial sector.
3. Supporting the formation of migrant worker’s
associations or unions that wish to work in cooperation
with the Thai Labour Solidarity Committee and Burmese
Labour Solidarity Organization (BLSO) and with other
migrant worker organizations e.g. in Mae Sot, Chiang
Mai, Samutsakorn and Bangkok.
21
4. Developing media channels aimed at raising public
awareness of migrant worker issues in Thai society.
After continuous work in cooperation with TLSC to
promote the Right of Freedom of Association for migrant
workers in Thailand, TLSC has now an experienced
team handling migrant worker issues comprising Saner
Boonthong (TLC), Adisorn Kerdmongkol (Thai Action
Committee for Democracy in Burma), Satian Tunprom
(Centre for Aids Rights) and Sawit Kaew-wan (TLSC).
The issue of migrant worker rights is being constantly
brought to the attention of the Ministry of Labour, and
there is progress in the sense that migrant worker issues
are now regularly taken-up by the Thai Labour Movement
and the Thai media.
Working with the Thai Labour Movement, in 2007
TLSC compiled data on migrant labour problems for
presentation (30.08.2007) to the Ministry of Labour,
the Prime Minister’s Office, ILO and the UN Office in
Bangkok.
TLSC demands to the Government 3.1.2
On 29th April 2007 the Thai Labour Solidarity Committee
(TLSC), in collaboration with Asian Network for
Migrants (ANM), protested against ‘provincial decrees’
(See below) to control the mobility of migrant workers -
even their freedom to gather for purely social reasons.
This process of provincial decree-making was set in
motion by the Governor of Samutsakorn Province and,
predictably, all other provinces were quick to follow
suite.
Obviously these decrees reflect what Government
thinks national security means. The decrees are directed
specifically at Burmese, Laotian and Cambodian
migrants.
The decrees are not based on real data and violate the
international human and labour rights conventions that
Thailand has already ratified.
The decrees function to isolate migrant labour from Thai
society and from their own families and communities.
They impact strongly on migrant worker’s living and
working conditions, especially on those who have to
work at night. They make migrant workers less able to
protect their rights and more subject to forced-labour.
They prevent migrant workers from accessing health-care
services and disease control systems and from living in a
manner that promotes good health. And they deny access
to basic education.

The decrees aim at reducing possibilities for migrants
to cooperate with employers and open-up ever greater
possibilities for local officials, who are more often than
not corrupt, to exploit to their own benefit the increased
vulnerability of migrant workers. The decrees aim to
bolster negative attitudes to migrant workers and ensure
that migrant people are unable to uphold their own cultural
traditions.
This type of ‘national security policy’ hits defenceless
people well below the belt and serves to ridicule whatever
respect there may remain for Thailand in the International
Community.
TLSC and ANM have presented a set of demands to
the Thai Government and relevant authorities that are
summarized as follows:
1. The Thai Government must repeal all provincial
decrees that violate the rights of, or discriminate against,
migrant workers, and must move to legal enforcement
of labour rights, including the formulation of guidelines
that facilitate migrant workers in the exercising of their
rights.
22
Rough translation
26 October 2007
The control of the migrant labour
To Samut Sakorn Labour Attaché / all owners of manufacturing
The fact that, at present, there are many migrant workers from Burma, Laos
and Cambodian working in manufacturing in Samut Sakorn Province, both
legal and illegal entries, is causing problems.
The impact from employment of migrant workers specifically on their
settlement communities, especially of Burmese ethnics, that stay together in a
big group, is causing problems related to the healthcare of their followers and
children, and crime and disobedience to the law. Furthermore, at the present
time, there have been events that promote migrant worker’s culture, which is
inappropriate and should not be supported because it will create the feeling
of taking ownership over the communities and that can cause the security
problem and this is not in line with the objective of the Thai Government,
which is giving some flexibility for the employment of migrant workers only
on a temporary basis.
Therefore, all the manufacturers and factories are requested to control and
take care of the migrant workers in your responsibilities and strictly follow
the rules of the laws. If any one breaks the laws they will be arrested with
the highest possible penalty. And strictly no support for any event that is
promoting cultural and traditional ceremonies of the migrant on any occasion.
Mr. Weerayuth Eim-ampha
Govenor of Samut Sakorn Province
Govermor’s Office
Security Working Group
Tel / Fax: 034427-531
2. The Thai Government must take steps to promote
recognition of the fact that migrant workers contribute
considerably to the Thai economy and deserve the same
rights as Thai workers.
3. The Thai Government must work actively to eradicate
all forms of racism, including discrimination against
women, especially migrant women.
4. The Thai Government must work to restructure the ways
in which the 2 million migrant labour force in Thailand
is managed, at every level, and to ensure that the voice of
migrant workers is included in Thai Government policy
proposals, giving special attention to the work and function
of the State’s own ‘Migrant Worker Administration’.
5. The Thai Government must formulate a progressive
and comprehensive policy on migrant worker issues that
is realistic and takes into good account every dimension
of migrant labour issues in Thailand with a fully humane
and responsible focus on respect and protection of human
rights, as is the duty of any modern state.
3.1.3 TLSC proposals to the Government
On International Migrants Day the Thai Labour
Solidarity Committee, in collaboration with the various
labour organisations and NGOs working on migrant
labour issues, drafted a set of policy proposals that was
addressed to the Thai Government, to the United Nations
and to ILO.
In brief, TLSC stated that Thailand is facing a labour
migration situation generated by Thailand being both a
labour hosting and a labour sending country. As mentioned
above, most migrants arriving in Thailand end up in
unskilled and low-paid employ, without legal protection
or any access to legal aid, social services, education or
healthcare. The TLSC proposals aim at protecting migrant
workers and their families as human beings.
The Thai Government shall . .
1. set-up a sub-committee to protect the rights of migrant
workers that shall be chaired by a person appointed by
the Labour Rights Protection and Welfare Department,
and the committee shall work together with all relevant
authorities, people’s organizations, labour organizations,
employer’s associations and academics, connected to and
concerned with migrant worker issues.
2. Assist with the provision of mechanisms that facilitate,
for example, translators and volunteer workers that have
the necessary language and communication skills for
raising awareness of labour rights and of Thai Law as it
applies to migrant workers.
23
3. Amend regulations to allow migrant workers that have
been unfairly dismissed or abused to remain in Thailand
to exercise their just rights with regard to compensation
and/or unpaid wages.
4. Revise Government policy that contradicts the Right
to Freedom of Association and prevents migrant workers
from forming trade unions.
5. Revise Ministerial Rule No.10 in the Labour Protection
Act that excludes migrant workers on fishing vessels
working outside Thai territorial waters for more than one
year from protection under Thailand’s labour protection
laws.
6. Withdraw the instruction on the occupational health and
safety of migrant workers issued by the Social Security
Office to every provincial governor (25.10.2001) that
advocates obstructing migrant worker access to accident
compensation funds.
7. Establish an officially-approved hotline for migrant
workers in difficulty, in cooperation with, and meeting
the real needs of, the migrant worker community.
8. Ratify the UN Convention on Migrant Labour and
Family Protection (1990), ILO Convention ’97 on
Migration for Employment (1939), Convention 143 on
Migrations in Abusive Conditions and the Promotion
of Equality of Opportunity and Treatment of Migrant
Workers (1975), ILO Convention ’87 on Freedom of
Association and Protection of the Right to Organize, and
ILO Convention ’98 on the Application of the Principles
of the Right to Organize and to Bargain Collectively.
 Thai-Burma border-crossing 2007, Photo: RTC

24
 Burmese Migrant workers in the harbour of Mahachai, a seafood processing town, December 2007
Photo: Suthasinee Kaewleklai.

3.2 Burmese migrant workers in Thailand

In view of the desperate situation of Burmese migrants in Mae Sot, in 2003 TLC was urged “to campaign for the
rights of migrant workers, especially from Burma”.

TLC decided it needed to establish an office in Mae Sot (Tak Province), the busiest border town between Thailand
and Burma. Since June 2004 TLC has worked continuously to build constructive working relations with many
migrant worker organisations in Mae Sot, and in other areas throughout Thailand where migrant workers have
become concentrated.

During the 5 years that TLC has worked in Mae Sot the half-hidden factories around the township have not changed
their inhuman operations. Many of the factories have hundreds and in some cases thousands of migrant workers
packed-in together behind high concrete walls topped with barbed-wire. Movement of the migrant worker inmates
is highly restricted and heavily controlled, and most of these factories are still no better than (or worse than)
concentration camps. In their guilt these factories often do not display any name.

While the number of migrant workers in Thailand just keeps on increasing - from one to two million in less than
a decade, the Government of Thailand continues to do next to nothing for their rights as human beings. Of the
2 million plus migrants now labouring in Thailand about 70% are from Burma, with Cambodians and Laotians
making-up the largest parts of the remaining number. These people are serving and servicing Thailand in all sectors -
as labourers in the factories (especially in the garment and food industries), on large and small farms, as deck hands
on Thailand’s fishing fleets, in hotels and resorts, as domestics and in all kinds of shops.

25
In the large manufacturing industries, thousands of migrants work alongside Thai workers, doing the same work and
producing the same product, but with enormous differences in wages and welfare.

Both the Thai and the Burmese migrant population are caught-up in the history of the distant past and, to a great
extent, live their lives in separation. Many Burmese, even after 20 years in Thailand, speak no Thai and most have
little capacity to communicate with their Thai neighbours let alone with the Thai authorities, and, as a consequence
of all such factors together, both parties end-up making little effort to build the bridges that could benefit their
common struggle to free themselves from exploitation by greedy and often cruel employers.

However horrible and intolerable the prison-like conditions of thousands of migrant workers in Mae Sot and other
parts of Thailand, however disgraceful these conditions are to the fine image of the Kingdom of Thailand, because
of the hegemonic character of Thai politics and the vulnerability of migrant workers it is extremely difficult for any
single NGO, or alliance of NGOs, to succeed in the struggle for the rights of migrant worker in Thailand.
TLC alongside many other NGOs are doing what they can, but responsibility rests squarely with the Government of
Thailand, which has all data, full knowledge of the situation and, without question, stands accused of a high degree
of complicity in this on-going affront against basic human rights.

Report from the Mae Sot area 3.2.1

On Thailand’s porous north-west frontier with

Burma, there is no accurate figure for the number
of Burmese migrant workers in the Mae Sot area.
Figures given range between 100 - 200 000. In Mae
Sot itself the population of ethnic Thai is about 35
000. Mae Sot has around 300 factories (mainly
garment factories) with the largest employing 3000
or more migrant workers.

Despite the distance (450 km) from the Port of

Bangkok, Mae Sot is still attractive to the garment
and knitted-goods export industry simply because
of opportunities to exploit the migrant labour that
arrives in Mae Sot from all over Burma.

Most Mae Sot factories operate as sub-contractors

to companies in Bangkok, which provide ‘seasonal’
orders that test the Mae Sot factories beyond their
capacity. In attempting to meet these ambitious
‘demand orders’, employers in the Mae Sot area
drive the migrant work force to produce under
completely unreasonable and unstable conditions.

Much of the migrant work force is obliged to accept

piece-work without any form of employment
contract, thereby also without any assurance
of being paid the legal minimum wage. In the
‘high season’, migrant workers, both those with
and without work permits, are obliged (in fact
forced) to work inhumane hours for far less than
the minimum wage and with little or no payment
for over-time. Payment for many hours of over-
time often amounts to nothing more than a packet
of instant noodles. When these factories face an
‘off season’ hundreds or thousands of migrant

150 Baht ? workers have no other choice or possibility than to

experience long periods of deep poverty within the
walls of their factory compounds.

26
TLC meetings, workshops & seminars for migrant workers. 3.2.2

Date Activity Comments

April Joint-meeting with 7 Burmese labour
organizations to prepare for May Day
activities.
May Day 250 participants, mostly migrant workers,
met together in the main hall of the Rujira
Guest House Mae Sot.
11 May Meeting at BLSO Office, Mae Sot,
attended by 30 participants from 7
Burmese organizations and TLC.
20 - 26 May Kevin Howison and Dennis Arnold [former
TLC staff] and 7 university students from
the USA study migrant worker issues in
Mae Sot.
1 - 4 June Arokia Dass, Junya Yimprasert and The workshop discussed lessons learned from trade
Richard Thompson Coon visit Mae Sot for unionism in Malaysia, the impact of global supply
a joint TLC-BLSO Workshop. chains, and strategies for uniting different struggles for
migrant worker rights in Thailand.
12 June Meeting for Burmese workers organized
by Labour Protection and Welfare Office
in Mae Sot, Central Mae Sot Hill Hotel.
7 July Asian Institute of Technology Seminar,
Mae Sot.
18 - 19 Aug Gender and Trade Literacy workshop for
32 migrant workers and activists from 7
organizations in Mae Sot
28 August TLC and BLSO organize a joint field trip
to Mahachai, Samutsakorn Province.
31 July - S-E Asia Consultation on the “Rights
2 August of migrant workers”, co-organised by
APWSL, Task Force for ASEAN Migrant
Workers, Forum Asia, Young Christian
Workers, Thai Labour Solidarity
Committee and the Thai Labour
Campaign. Asia Hotel, Bangkok.
The meeting agreed that the migrant worker issue is
sensitive and May Day discussions need to be held in
private space.
Morning programme: a forum for leaders and workers
to express their view and opinions and discuss about
the labour situation and problems in Mae Sot.
Afternoon programme: cultural activities and enter-
tainment: labour quiz, dances and music with ethnic
groups from Burma.
Main theme: the need to join together as a network to
work with the Thai Labour Movement and gather data
on labour rights abuse, healthcare and education for
presenting to the Thai Labour Movement.
The group met with 18 Burmese workers at the BLSO
Office, interviewed leaders of several Burmese
organizations and visited TK Garment, one of the
largest factories, employing over 3,000 migrant
workers.
Training for 90 Burmese workers on Thai labour
protection laws.
TLC participated in discussion on how to increase bar-
gaining power with global corporations.
Junya Yimprasert (TLC) conducted the first ever
Gender and Trade Literacy workshop for Mae Sot
migrant workers (women and men).
Discussion with 15 migrant workers on the migrant
worker situation in Mahachai fishing and processing
industries.
The forum was attended by 100 labour activists mainly
from Thailand and Burma, with attendance of various
regional and international labour organizations e.g.
ILO, IOM, Asian Task Force on Migrant Workers and
UNI-Asia Pacific. TLC, one of the co-organisers, ar-
ranged for the conference bags through the Solidarity
Factory.

24 - 25 Nov Roundtables on ‘Stop Violence against Women and Children’, one in Mae Sot and one in Bangkok
(40 participants from 15 countries).
7 Dec A meeting of the Asian Migrant Network (ANM) in Bangkok passed a resolution to co-operate with
the Thai Labour Solidarity Committee to establish a Migrant Labour Center (MLC) in Bangkok to
campaign for the rights of migrant workers.
18 Dec International Migrant Workers Day. TLC participated in demonstrations in Bangkok and Chiang Mai
and with delivering demands for migrant workers rights to the Thai Government and the Chiang
Mai Governor.
Sept - Dec TLC’s 30 minute film on ‘Life without Identity’ documenting factors influencing migration of
Burmese and ethnic minorities reaches completion.
TLC participates in protests against the violent crackdown in Burma.

Also, during 2007, TLC personnel contributed to six BLSO Workshops in Mae Sot on Labour Rights & the Law.

27
3.2.3 A typical case from Mae Sot, May 2007
Factory ‘X’ located on Song Kwae Road, produces
textiles and fabric like laces, dyed clothes and laced
clothes. It employs about 300 Burmese migrant workers,
both documented and undocumented in approximately
equal numbers.
Workers had become sick of labouring under terrible and
abusive conditions. Around 50 had decided to quit, but the
employer, having taken possession of their work permits
would not return them.
These workers were receiving 70 - 80 Baht / day after
deduction by the employer of 40 Baht / day for electricity,
water, accommodation and work permit dues. (In
Thailand there is a special work permit for migrant people
costing 3 800 Baht, which, under the circumstances, the
employer often pays for, keeps possession of, and deducts
from wages.) The legal minimum wage in Mae Sot (as
determined by the Thai Government’s Central Wage
Committee) is supposed to be 143 Baht / day. 70 - 80
Baht / day (1.4 – 1.6 Euro / day) is close to half the legal
minimum wage and can in no way be considered a living
wage.
Workers at ‘Factory X’ were promised payment on the
5th day of every month, but payment was frequently 1 - 2
weeks and sometimes a month late.
Children of Burmese migrant workers in school built by migrant workers, Mae Sot, Tak Province, 2007. Photo: RTC
28
The regular working day in the factory was supposed
to be 08.00 - 17.00 hrs, but the employer often forced
workers to 4 hours of overtime, which in practice meant a
working day of 08.00 - 22.00 hrs. In wages received actual
payment for overtime never amounted to more than 10
Baht / day (0.2 Euro) or approximately 10% of the legal
minimum payment for over-time work (as determined by
the Thai Government’s Central Wage Committee).
Inside the factory, which has no windows and only one
door, there is no ventilation to speak of. Workers often
collapsed at work. There is no sickbay, no clean water
- and not enough water, and workers suffered from
diarrhoea.
All 300 Burmese workers lived together on the second
floor of the factory building, which was provided with
only the most primitive washing and toilet facilities.
After a meeting with a delegation of workers from the
factory, BLSO and TLC helped the 50 workers file a
complaint to the Labour Protection and Welfare Office
in Mae Sot (Ministry of Labour) - to get back their work
permits and wages owed. The Office did investigate and
the employer was ordered to pay all wages due and return
work permits to those who wanted to quit.
 3.3 Thai migrant workers
North-East Thailand (Isarn) supplies the greatest number of workers to the labour traffickers who work the overseas
labour markets. Ministry of Labour statistics show that 70% of Thai migrant workers working overseas are from the
North-East and that, of this figure, only 50-60% have completed their primary education (six years). Every year about
150 000 Thai leave Thailand with some form of contract, mainly 2-5 year contracts, to work overseas, but nobody has
any accurate records of the actual number of Thai that leave Thailand in search of work.

3.3.1 Thai migrant workers in Israel
Due to TLC’s international activities with migrant worker
rights, TLC was invited by the Workers Advice Centre
(WAC), an Israeli NGO, to visit Israel where 27 000
Thai have found employment in the agricultural sector
by paying 7-12 000 USD to labour trafficking agencies
in Thailand.
The following two passages are from WAC’s website.
“In the last week of April 2007, an international labour
delegation of seven members visited Israel and Palestine,
meeting key players in the field of employment in Israel’s
agricultural sector. The delegation was initiated and
organized by the independent workers’ association WAC-
Maan, operating in Israel mainly with Arab workers.
The delegation’s aim was to create pressure toward
ending the violation of labour rights in
this field. It proceeded in the best spirit
of working-class solidarity, adopting the
slogan: “An injury to one is an injury to
all.” http://solidaritymagazine.blogspot.
com/2007_05_01_archive.html
“No walls between workers!” The crowd was stirred and
shouted “Su Su!” - meaning struggle in Thai.”
http://www.workersadvicecenter.org/1_may_2007b.html
As follow-up to TLC’s participation in this delegation,
Kav LaOved, a labour rights organization, invited TLC
to join their struggle for the rights of migrant workers
in Israel. Since May 2007 TLC has been engaged in
developing this new joint-project with Kav LaOved, to
provide support to Thai migrant workers in Israel and
raise awareness in Thailand about the difficulties facing
Thai migrant workers in Israel. This is yet another attempt
by TLC to expose and stop labour trafficking, and to build
linkages between the host and sending country through
properly formulated inter-government policies that
exclude profiteering by private agencies.
Lek with Thai migrant workers in Israel, 2007.

“Particularly moving were the words of

Junya Lek Yimprasert, from Thailand,
visiting Israel as part of the union delegation:
We, members of the delegation, have seen
so many walls here – walls of concrete and
walls of fear. We cannot bring joy if we
continue to build walls. We shout together

3.4 Thai and migrant workers unite

In order to assist Burmese migrants and other ethnic minority groups to stand-up for their rights and increase their
collective bargaining power, in 2005 TLC decided to propose a difficult task: the organisation into one union of
workers from a factory in Mae Sot - where most workers are migrants, and workers from a factory in Ayutthaya where
most are ethnic Thai. Both factories produce for the same global brands and are both under the ownership of the same
Asian corporation.

Steps to realise the proposal began in 2006. The process is complicated and was slowed down by the military Coup
in September 2006, and then again by the demonstrations for democracy in Burma between August - September 2007
which affected the mobility of both BLSO and TLC.

TLC has excellent cooperation with BLSO and other labour organization in Mae Sot and no problems or difficulties in
being able to communicate with the Mae Sot workforce. Communications with the Ayutthaya Industrial Zone Union
Group is progressing, with a meeting of union leaders from Ayutthaya and Mae Sot planned to take place in Mae Sot
in May 2008.

29
Borderlands
30
3.5 Network Against Exploitation & Trafficking of Migrant Workers
On February 3rd 2007 TLC convened an extraordinary and to some extent historical meeting for 19 organisations from
all over Thailand in the town of Khon Kaen, N-E Thailand, to establish a much needed Network Against Exploitation
and Trafficking of Migrant Workers (NAT). NAT is currently being coordinated by Chutima Chaihong who is from
the North-East and herself a victim of trafficking to Taiwan.

Between October 2007 and April 2008,

Chutima Chaihong (NAT), Junya
Yimprasert and Richard Thompson Coon
(TLC) visited many villages in North-
East Thailand, interviewing villagers
about their experiences with the labour
trafficking business from Thailand to
Korea, Taiwan, Malaysia and Singapore,
to Israel, Bahrain and Iraq, to Japan and
Hong Kong, to Europe, Canada and the
USA etc. The results of this work will be
published in book form in 2008.

Discussion between TLC and

the Network Against Trafficking
Exploitation of Migrant Workers (NAT),
Ban Kam Ya Daeng, Khon Kaen,
26.02.2008.
31
4.0
International Day for the
Elimination of Violence Against Women
Resolution 54/134 of the UN General
Assembly (17.12.1999) designated
November 25 as International Day for
the Elimination of Violence against
Women, and invited governments,
international organizations and NGOs
to organize activities designated to
raise public awareness of the problem
on that day.

Women’s activists have marked

November 25 as a ‘Day Against
Violence Against Women’ since
1981. This date came from the
brutal assassination, by order of
the Dominican ruler Rafael Trujillo
(1930-61) in 1960, of the three
Mirabal sisters, political activists in
the Dominican Republic.

On 20 December 1993 the UN

General Assembly adopted the
Declaration on the Elimination of
Violence against Women (A/RES/48/104). Source: http://
www.un.org/depts/dhl/violence/
Bangkok
On the evening of 25 November 40 people from many
4.1 countries gathered in the office of the State Enterprises
Labour Relation Confederation (SERC) to strengthen
contacts on issues of violence against women. TLC co-
ordinated the arrangements and co-hosted the gathering
with Women Workers for Unity Group (WWUG). AltSean
Burma and Shan Women Action Network gave input on
the situation in Burma, on conditions being endured by
women from minority groups under military rule, and on
the state of the political lobby for democracy.
November 25 was given to an exchange of experiences
between Thai trade unionists and Burmese migrant
workers on oppression of Thai and migrant workers,
violence against women and the issues that WWUG
concentrates on at present e.g. gender inequality and
child-care centres for the industrial areas.
The Burmese women workers talked about their lives.
They talked about sexual harassment, un-provoked
dismissals, absence of maternity protection, miserable
payment and their powerlessness to release themselves
from rotten working conditions.

Mae Sot
In the early morning of November 24 a team of women,
4.2 including TLC staff and 11 union activists from WWUG,
from the Thailand’s Women’s Committee of the
International Transport Federation [ITF Thailand] and
from the Centaco Labour Union, travelled to Mae Sot
from Bangkok to participate in Stop Violence Against
Women Day - and learn about the labour situation in Mae
Sot.
The team had dinner with BLSO people and viewed a
TLC documentary on the violent suppression of the
Burmese who demonstrated against the military junta in
September 2007.
32
In the Mae Sot factories, pregnant women who take
maternity leave don’t get paid and are afraid of
loosing their work place, so they stay working for
far too long into their pregnancies. In the workplace
there are rarely any safety or health measures. If
there is a search for narcotics, all women workers
are made to strip naked in the same room. Rape of
migrant women by employers and officials is not
uncommon and leads to suicides. Some employers
choose good-looking migrant women as their
personal concubines, or select them for planned
rape. In cases of pregnancy these women are fired
and forced to abort.
 Gender and Trade 5.0

The International Gender and Trade Network (IGTN) is a relatively new global initiative set-up by a group of
women activists in 1999 to stand-up to WTO policies. IGTN describes economic literacy as follows . . “ability to
understand and think critically about how trade and economic policies impact our daily lives. By developing this
kind of literacy we become better equipped to engage with those who make and implement trade and economic
policies. It also strengthens our ability to advocate for policies that are socially sustainable, pro-development and
gender equal. The IGTN’s economic literacy work is situated within a broad political and educational framework.
The economic literacy materials developed by IGTN are intended to educate, empower and mobilise gender and
trade activists, educators and policy analysts around the world.” http://www.igtn.org/page/economic/

Contact with the International Gender and Trade Network (IGTN) in 2000 has enriched TLC’s experience with
grass-root education techniques on Gender and Trade.
5.1 Gender and Trade Literacy Workshops
As IGTN’s ‘Focal Point’ in Asia from 2001 - 2007, the gap of gender inequality in Asian societies and, by so
TLC’s Junya Yimprasert worked with IGTN Asia and doing, bring at least some greater joy to families and to
IGTN International in arranging many Gender and Trade women, and men, as individuals.
Literacy Workshops in which more than 500 activists
participated from grass-root women’s movements, trade The heart of participatory learning is to generate an
unions and LGBT organisations all across Asia. atmosphere in which all can learn both together and
from each other, and every training session has been a
Various organizations besides IGTN have been learning process for TLC - of learning with and from the
contributing to TLC’s work with Gender and Trade participants. Planning for each session must ensure that
Economic Literacy, including Women in Development there is enough ‘space’ to enable both facilitators and
Europe (WIDE), Oxfam UK, Action Aid Thailand and participants to adjust to the unforeseen issues that arise,
Diakonia. to the unexpected demands and requests that always do
emerge.
The latest TLC Report on gender and trade (01.01.2008)
by Junya Yimprasert entitled ‘When cats become tigresses Gender and Trade literacy hand-book 5.3
in Thailand - a story from Asia’, can be found on the With the experience gained from approximately 30
IGTN website http://www.igtn.org/page/789 Gender and Trade Literacy Workshops all across Asia, in
Africa, Latin America and Europe, TLC is now working
5.2 Lessons learnt to roll all experience to date into a popular hand-book on
As some participants reflected in their evaluations, Gender and Trade that describes the subject and the tools
the Gender and Trade issue is difficult to comprehend required for grass-root facilitators.
completely in just one session. In
patriarchal Thai society gender inequalities
are deep-rooted in the beliefs, behavioural
norms and life styles of most women and
men. It can take a life-time for a woman
to unpack and liberate herself from
patriarchal behaviour patterns, reflexes
and responses. Learning sessions become
even more complicated and difficult when
it comes to the relationship between
gender and trade under the neo-liberal
approach to the globalisation of capital.

Attempting to paint the linkages between

trade, politics and the impact of neo-
liberal policy-making on the behaviour of
women and men is a challenging task. The TLC and North-East Women Network,
Gender & Trade Workshop (TOT) , Khon Kaen, 20 Dec 2006.
objective at least is to attempt to narrow
Photo: Pornphan Mankita

33
34
6.0
Thai Woman Forum
Although gender consciousness is a developing aspect within the overall struggle of the Thai Labour Movement, the
Labour Movement has been limiting itself to emphasising the legal framework and this has, so far, provided rather
few benefits to most ordinary working-class women, especially with regard to women in the agricultural sector.

The negative impacts of globalisation will not be overcome without solidarity and grass-root awareness, especially
with respect to gender inequality, which is becoming an increasingly complex issue as globalisation proceeds.

The number of women members of the Thai Parliament seems to be stuck at 6-8%. The unequal participation of
women in policy-making in Thailand is having a negative impact on the development of all aspects of Thai society
- on education, welfare and human rights.

To increase awareness of gender sensitive issues in Thai society, TLC began Gender and Trade Workshops for
state enterprise and private sector workers in 2004. These workshops aim at shedding light on the impacts that
globalization and the FTA ‘philosophy’ are having on our capital assets and gender issues, and emphasise that
gender equality can only result through effort and input from both men and women.

Embedded in all sectors of society, gender inequality cannot be eliminated through workshops alone. TLC considers
it vital to Thai society that gender issues be raised and debated on an open public platform, and that both bottom-up
and top-down pro-active measures be developed simultaneously.

To this end, TLC has been working to open-up cross-sectoral discussion and debate. The birth of the Thai Women
Forum is a direct result of TLC’s Gender and Trade Workshops, and perhaps the most significant aspect of the Thai
Women Forum is that it does seem to be managing to bring all sectors of Thai society together on the same platform
of debate.

The Forum considers that the current economic situation places men as much as women under pressures that have
a direct negative impact on family life. Male trade unionists have played an important supporting role in the gender
struggle, for example in the fight for a 90-day maternity leave.

The politics of gender inequality in Thai society cannot be divorced from political issues. Gender inequality is
a reflection of, and a parallel problem alongside, many other forms of social injustice. We cannot separate the
struggle for gender equality from e.g. the struggle against the globalisation of capital, or from the problem of HIV /
AIDS, or from ethnic inequality or state violence against ethnic minorities. The struggle for gender equality forms a
part of, and must be integrated with, our common struggle for local and global justice.

6.1 Building the Forum

In building the Thai Woman Forum, TLC has given
priority to the need to build across ‘issue networks’ and
engage as many organisations as possible in a way that
makes them equal stakeholders in the discussion. From
the TLC staff Numnual Yapparat and Premjai Jaikla have
taken most responsibility for this sensitive task.
One central consideration was / is how to generate
discussion that builds a complete picture of the gender
issue: how to make it identifiable as a structural fault
running through every sector of society.
Much effort was given to coordinating the different sectors
of the labour movement, especially the agricultural and
rural movements, and to bringing the Labour Movement
together with NGOs and the existing gender campaigns,
including the gay and lesbian movements.
Coordinating these groups, who all work full-time in
their specific fields, was no easy task. Official letters
of invitation were sent to state enterprise workers and
organisations linked to the machinery of State. There
were 5 preparatory meetings. Each meeting emphasised
the need for active contribution from all participants.
Time had to be given to explaining the aims of the Forum
and how best to lay the foundations so that long-term co-
operation after the Forum was ensured.
Perception that all participants were stake-holders was
enhanced by asking everybody what they thought were,
for them, the gender problems that needed to be discussed.
There was a serious effort to integrate the specific problems
within thematic topics that all participants might be able to
connect with. Topics included, for instance, ‘Beliefs and
sexual standards’, ‘Trade under capitalism’ and ‘Sexual
discrimination’. Each organisation (or ‘issue-network’)

35
 was encouraged to engage with and provide speakers for
each topic, with the hope that this would result in better
understanding of how issues affect different sectors and
groups.
6.1.1 Problems encountered
Lack of experience in working across ‘issue networks’
was, in Thailand, a phenomenon that had not been seen
before in a women’s forum on gender issues. The men
demonstrated respect for gender issues throughout the
forum - in their actions and during their engagement in
discussions.
Continuation 6.3

meant much time had to be given to explaining the
model of cooperation. Success was achieved by building
discussion groups around each topic with as many ‘issue-
networks’ as possible.
There was too little self-reliance with regard to attendance
in the Forum. Participation expenses were an issue due to
absence of finance, but also because of an NGO culture
in Thailand that is accustomed to depending on external
funding for all activity.
The Forum had to adapt to and deal with the unexpected.
Held during the period of the latest military Coup,
there were many visits by the police, participants were
blocked from entering the building by a paranoid owner
of the premises, and the forum was threatened by local
hooligans. Also, in their enthusiasm to join-in all this
excitement, several groups of participants coming from
far away had (fortunately not serious) car accidents and
never arrived!
6.1.2 Results of the Forum
The Forum (March 3-4) was attended by 170 people
representing 50 organisations from all over Thailand: an
extremely diverse group of people in every respect. There
were three main, positive results from the Forum.
Firstly, this new experience of working together across
networks meant that new and stronger alliances were
built. People found that they could understand each
other’s problems and see how they were inter-connected.
A new culture of respect began to emerge, especially so
with regard to attitudes towards gay, lesbian, bisexual and
transgender people. Also important was the emergence of
deeper understanding of the issues facing muslim women
from the southern provinces, who now face violence from
many quarters, stirred-up by the violent tactics of the Thai
State.
From Woman Forum to Gender Forum
Many of the women who have participated in TLC
workshops have already moved on to organise their own
active groups in their unions or networks, and also at the
national level.
One immediate result of the Forum was that 12 activists
from the North, North-East and Bangkok made an
expedition (28 – 31 March 2008) to learn about the
problems women are facing under conditions of political
unrest in the South. The visit included home-stays and a
2-day workshop.
Committed to promoting women’s participation in
decision-making at every level, TLC is encouraged to
continue to look for ways to improve and strengthen the
gender and trade programme, which means continuing to
work for greater open-mindedness and new strategies and
methodologies.
The 2007 Thai Woman Forum demonstrated that trans-
gender issues in Thailand can be discussed and debated
in a cross-sectoral forum.
The term ‘Gender Forum’ is an as yet untried term and
is introduced here with the thought that it could, as a
concept, help identify future strategies and methodologies
for establishing gender equality.

Secondly, the forum highlighted the ‘small’ struggles

of the ‘small’ people: women, small farmers, factory
workers, fisher-folk and LGBT activists from, for the
most part, the self-employed sector. All talked about their
trials and tribulations and also their victories.

Thirdly, it must be pointed-out that the level of anticipation

of the more than 50 male participants, both elderly and
youthful, from the trade union and rural movements

36
37
House-building bee, Samoeng, Northern Thailand, 2007.

Middle Mekong - on the other side Laos, 2007.

38
 7.0
FTAs and SEZs
Under the neo-liberal global agenda that promotes Free Trade Agreements and Special Economic Zones, all
countries, especially the poorer countries, are forced to compete with each other in terms of their ability to provide
the largest global buyers with the cheapest possible product. The neo-liberal agenda imposes mechanisms that
determine the ‘development’ of developing countries: pressures from without aim at maintaining the largest possible
cheap labour market (‘keeping labour competitive’) and pressures from within aim at maintaining the largest
possible cheap labour force by e.g. devising mechanisms that deny, prevent or inhibit the Right to Freedom of
Association.

7.1
Policy-making in Thailand
It is important to point-out that in Thailand policy-making
over the last few decades has been determined by only a
handful of people, in particular by the National Economic
and Development Board and the Board of Investment,
their board members, Government ministers, high officials
and the most wealthy of the wealthy. In this ‘high-level’,
thoroughly elite and completely un-democratic, economic
policy-making procedure, which directly determines the
future of Thai society, public participation, not to mention
worker participation or participation of the millions of
poor Thai, is zero.
7.1.1 Free Trade Agreements
Through a closed-process that by-passes many
constitutional regulations, and without any consultation
with the Thai citizenry, Thailand has signed, or is close to
signing, Free Trade Agreements with 11 countries:
ASEAN-EU FTA (14/1/2551 16:21:30)
EFTA (27/9/2550 10:08:46)
BIMSTEC (27/9/2550 10:06:24)
Bahrain (27/9/2550 10:05:23)
Peru (27/9/2550 10:04:44)
Japan (27/9/2550 10:03:51)
USA (27/9/2550 10:03:04)
India (27/9/2550 10:02:26)
New Zealand (27/9/2550 10:01:48)
Australia (27/9/2550 9:59:24)
China (27/9/2550 9:55:18)
This fearfully insensitive approach to the governance of
Thailand, a nation state that likes to indulge in presenting
an image of high civility, is generating a nervous unease
within the society that, without real change, can only lead
to protest and conflict - as the negative impacts of elitist
policy-making procedure have increasing direct impact
on the lives of the tens of millions never consulted.
FTA Watch (FTAwatch.org) has reported that Thailand’s
Free Trade Agreement with China is having a major
impact on farmers that produce garlic, onion and cold
climate fruits in the north. The area of garlic producing
farmland fell rapidly from 130,000 to only 50,000 rai
(59 000 to 23 000 acres) immediately after the FTA with
China came into effect.
The FTAs with Australia and New Zealand are impacting
heavily on livestock farmers and animal product
industries. FTA Watch reports that these two FTAs are
impacting heavily on the families of one million small-
scale beef producers and 100,000 dairy producers from
117 dairy cooperatives.
After being on-hold through the recent political set-
backs in Thailand, FTA negotiations with the USA have
now been re-started. This FTA in particular is going to
have an enormously broad and far-reaching impact on
the development of Thai culture and society, because
it covers and incorporates all aspects of Intellectual
Property Rights, including all areas of trade and services,
all aspects of investment, banking, telecommunication
etc.
With zero comprehension, or no real comprehension of
the issues at stake, like it or not, the Thai, along with their
culture, traditions and known ways of living, are being
surreptitiously but forcibly subjugated to the extremely
cruel, competitive mechanisms of the global market.
Special Economic Zones 7.1.2
A Special Economic Zone Bill was proposed by the
Thaksin Government on 11 January 2006, a few days
before the end of Thaksin’s first term.
This proposal is akin to the selling of Thailand wholesale
to capitalists and foreigners.
According to the proposal a Special Economic Zone
director is beholden only to the direct authority of the
Prime Minister and has, for instance, absolute power to
requisition land, forestry, national conservation areas,
coastal areas and even monasteries. The proposal even
allows for the use of force to obtain private land.

39
The proposal gives foreigners the right to lease land for
not less than 50 years and not more than 99 years. Thai
who are not authorized to enter an SEZ can be jailed for 3
months or receive a fine of 200,000 baht [5,000 Euro].
Although this bill has not yet been given cabinet approval,
in typical Thai style, the whole country is already living
under the SEZ ‘master-plan’, which is being actively
promoted throughout Thailand by Government ministries,
especially in all towns along the borders with Burma,
Laos, Cambodia and Malaysia.
Infact all industry, all existing industrial areas, all human
activity and anything of any economic significance is
being drawn into, and subjected to, this SEZ Bill and
‘SEZ master-plan’ even before it is made into law.
We can take just one common example: the small town
of Lamphun, hundreds of kilometres from any port - one
of the oldest cities in the North with a history going back
over 1,300 years. The town is becoming a toxic cesspit
for the electronic industries which inhabit the Lamphun
Industrial Estate with minimum or zero attention to health,
safety and environment protection. (www.thaingo.org)
TLC Research 7.2
With support from, amongst others, Labour Action China
(Hong Kong) and the United Methodist Church (New
York), TLC is completing a 2-year research project on
‘Organising labour under neo-liberal agenda and
Special Economic Zone policy-making in Thailand’
as a contributing chapter to a (popular) book on ‘new
forms of labour organisation’ to be published by the Asia
Transnational Monitoring Network (ATNC).

Quotations below from a 2005 discussion paper . .

circulated by country ‘X’ to “stimulate discussions and critical comments”!

“Based on the recognition of Thai’s geographical position and the economic role
played in the regional cooperation, trade and investment, it makes it increasingly
necessary for country ‘X’ to utilize Thailand as a centre of economic cooperation
broadly in the region. It would be useful and effective to make use of Thailand’s
contacts . . . ”

“ . . it is easily understood that the Indochinese countries will become a market

with high potentiality in production as well as consumption especially for country
‘X’ industries.”

“ In the near future country ‘X’ industries might relocate to the neighbouring coun-
tries from Thailand following the Thai policy to relocate industries for cheap labour
and resources. However, at this moment, it is too early because the industrial
infrastructure in this area is still insufficient, and country ‘X’ economic assistance
is needed.”

For maps of the hydro-electric dams built or planned for the industrialisation of Indo-China
please see:
http://internationalrivers.org/files/WRR%20Mekong%20Map.pdf
http://www.salweenwatch.org
etc.

40
“Thailand has been very aggressive in setting up the appropriate infrastructure and
incentives to attract investment and the results have been clearly positive. The entire
country functions as an economic zone in that incentives are available throughout the
nation.” Source: http://www.competitiveness.org.pk/downloads/PakistanSEZ.pdf

GMS ‘Flaship Initiative’ map showing

GMS Economic Corridors and (some)
Special Border Economic Zones:
1. Trat - Koh Kong
2. Mukdahan – Savannakhet
3. Chiang Rai
4. Mae Sot – Myawaddy
(one of 3 on the Thai-Burma border)

On paper, the Strategic Framework

of Greater Mekong Sub-region
programme (adopted by the 10th GMS
Ministerial Conference in November
2001.) envisions . . ‘a well-integrated
and prosperous Mekong sub-region
– free of poverty and committed to
protecting the environment so vital to
the sub-region’s future well-being’.

Fine words aside, this grand strategy

has another translation often
expressed as, quite simply:
‘re-location of production bases to
border areas where cheap labour
and raw materials are available for
developing consumer markets’.

Map showing Thailand’s Investment Promotion Zones

41
 Global solidarity
8.0

Asean People’s Rally

World Social Forum,
Nairobi, 2007

TLC’s orientation is by necessity ‘Local and Global’. TLC is a member of the Asian Trans-national Monitoring
Network (ATNC), Global Network Asia, and the International Federation of Worker Education Associations
(IFWEA), and an active partner in many other regional and global organizations.

8.1
World Social Forum
With support from Action Aid International, TLC
facilitated the attendance of 30 people from all over Asia
at the 2007 World Social Forum, Nairobi, 20 - 24 Jan, and
co-organised 3 main activities:
• Africa-Asia People’s Forum, held before the WSF
with over 100 participants, 18 - 19 January;
• Asian Peoples Tent - at the WSF;
• Asian Peoples Rally (WSF event).
All three activities were completed successfully as
planned, despite having all conference money and several
passports stolen.
Other meetings 8.2
In 2007, TLC provided logistic support for the . .
• ICEM Congress, Bangkok, 20-24 November;
• International Campaign Forum ICF, Bangkok, 26-29
November, in which 120 people from 32 countries

Africa - Asia Peoples Forum, Nairobi 2007.

42
 • discussed worker’s rights in the global context. In
organizing the forum TLC worked in cooperation
with Clean Clothes Campaign (Netherlands) and
Center for Education and Communication (India);
International Solidarity Night, Bangkok, November
26. A solidarity event and dinner for nearly 300 people,
bringing ICF delegates together with Thai union and
labour activists, who presented the problems they are
facing under Government pressure for privatization -
a problem shared by delegates from all the continents
present. The evening was celebrated with a good
strong spirit and much singing and dancing.
Since 2001, TLC has been providing regular translation
services for IUF and affiliates in Thailand: the Food &
Beverage Workers Federation and Phuket Hotels &
Service Workers Federation.
8.3
TNCs and violation of rights
After 7-years of working to expose violations of labour
rights by large corporations, TLC has gained a wealth of
experience and is showing significant results.
The most significant case taken-up by TLC in 2007
concerned the Sony Technology Workers Campaign,
which was concluded successfully after just one month
of action.
18 union leaders of the Sony Technology Company,
Eastern Seaboard Industrial Zone, were dismissed on July
12, 2007.
to make arrangements for TLC’s Chief Coordinator to
deliver a letter from the dismissed Sony workers to Sony
Holdings, Netherlands, one of the biggest share-holders
of Sony Technology.
The letter was delivered on September 12 and, in rapid
order, the dispute was settled on October 8.
Despite a ‘special offer’ from Sony Technology of 150,000
Baht / person (3,000 Euro) on top of legal compensation
and payment of back wages - to encourage these workers
to not return to work, six workers refused the offer and
were re-instated on the morning of October 12, with
flowers and an especially warm welcome from beaming
comrades. For more details on the Sony case see:
http://www.thailabour.org/wnews/070904.htm http://
www.goodelectronics.nl/index.php?option=com_content
&task=view&id=20&Itemid=1
All in all, in 2007, TLC gave time and support, including
expensive legal advice, to about 14 labour violation cases,
including the well-known, complex, sad and difficult
Mikasa cases.
Sony and Mikasa are both Japanese companies that
take greatest best possible advantage of cheap labour
in Thailand, but it is perhaps relevant to note that while
Sony is a first rank international corporation and sensitive
to public image, Mikasa is a second rank corporation less
bound to the ethics of international corporate responsibility
and therefore more brutal.

The Eastern Seaboard Unions Group and the Sony

Workers Union approached TLC for assistance. On
August 5 TLC’s Chief Coordinator went to the office of
the Eastern Seaboard Union Group for discussions with
the 16 dismissed workers who wanted to struggle for re-
instatement, and to discuss strategy with Union Group
representatives. On August 6 the dismissed workers, with
several Union Group representatives and the TLC Chief
Coordinator, travelled to Bangkok for a meeting with the
Ministry of Labour.
http://www.thailabour.org/wnews/070805.htm

TLC reported the case to ATNC and Good Electronic

Network and Clean Clothes Campaign in Amsterdam, Dismissed Sony workers return to work,
Sony Technology Factory, 12 October 2007
and requested the two Amsterdam based organizations

43
9.0
Labour Rights media
The need for more serious coverage of human rights issues in Thai media is obvious to all, especially with regard
to television. With Thai TV channels lost in competitive power games, people struggling with human injustice have
little chance of being heard and absolutely no chance of paying their prices.
9.1 Workers Voice Radio FM 98.25
Since June 2006, TLC staff have been organising, and
taking part in the hosting of, a number of radio programmes
at the recently established ‘Worker’s Voice’ community
radio on FM 98.25. Saneh Hongthong, TLC’s National
Campaign Coordinator, has been responsible for much of
the arrangements. Programmes running at present are:
‘Progressive Women’
Tuesdays & Thursdays 10 - 12.00
‘Voices of Workers from Industrial Zone’
Tuesdays & Thursdays 18 - 19.0
‘Victims of occupational health and safety’
Thursdays 12 - 15.00
‘Workers Unite against Global Capitalism’
Saturdays 13 - 14.00
TLC has also produced several ‘radio-spots’ on issues
like migrant workers rights and the condition of Thai
migrant workers overseas, and distributed them to over
250 community radio stations in Thailand.
TLC is working with plans to make the best-possible-use
of community radio channels to raise public awareness
on International Labour Rights and Standards, especially
with respect to Freedom of Association.
9.2 TLC Website
www.thailabour.org/ www.thailabour.org/thai
In 2007 TLC decided to re-build the website to make
it more open to public participation and easier for TLC
staff and volunteers to up-date. Pisut Boonthrong, a
professional webmaster, was engaged in January 2007.
Other major changes are as follows:
• The name in Thai has been changed from ‘Thai
Labour Campaign’ to ‘Labour Campaign’;
• Host sever capacity has been increased from 1500
to 2500 gigabytes and the domain extended for nine
years;
• All TLC documentaries are being up-loaded;
• Organisations and people from all parts of the Labour
Movement are being invited to contribute.
44
‘Labour Focus’ 9.3
Production of TLC’s bi-monthly ‘Labour Focus’ is often
an area where TLC fails to keep to schedule. Hopefully a
decision to delegate responsibilities for the magazine more
widely through the team will help to fix this problem.
In 2007 TLC produced 4 issues of Labour Focus: ‘The Life
of Football Workers in Thailand’ (Ed. Junya Yimprasert),
‘Women and Political Reform’ (Ed. Numnual Yapparat),
International Women Day: Moving towards 100 Years’
(Ed. Numnual Yapparat), and ‘Wage’ (Ed. Premjai Jaikal).
The number of pages of Labour Focus was increased from
16 to 24.
Documentaries 9.4
TLC produced four informative (but still amateur!)
documentaries in 2007.
End Slaves. 25 minutes, in Thai, sub-titles in English,
wide screen. The film is about the violent oppression of
union leaders from the food, jewellery, football, electronic
and automobile-part industries, about their lives and
struggle for Freedom of Association.
Play Fair at the Olympics. 7 minutes, in Thai, sub-titles
in English. A short documentary about the 2004 ‘Play
Fair at the Olympics Campaign’, and about happenings
around (the international) ‘Olympic Worker Solidarity
Day’ in Thailand, 8 August 2004.
24 hours in Peru. 18 minutes, in Spanish, sub-titles
in English. The documentary describes the living and
working conditions of farm workers in the small town
of Ica, 300 km south of Peru, that was struck by an
earthquake in August 2007.
Life Without Identity. 30 minutes, in Burmese and Thai,
sub-titles in Thai and English. The documentary looks at
the violent suppression of Burmese people and ethnic
minorities in Burma that has caused nearly 2 million
people to flee from Burma to Thailand.
45
SHORT HISTORY of ILO
Ed. All text below comes from the website of the International Labour Organisation: www.ilo.org

“The primary goal of the ILO today is to promote opportunities for women and men to obtain decent and
productive work, in conditions of freedom, equity, security and human dignity.” Juan Somavia, ILO Director-
General

The concept of decent work is captured in four strategic objectives: fundamental principles and rights at
work and international labour standards; employment and income opportunities; social protection and social
security; and social dialogue and tripartism. These objectives hold for all workers, women and men, in
both formal and informal economies; in wage employment or working on their own account; in the fields,
factories and offices; in their home or in the community. Decent work is central to efforts to reduce poverty,
and is a means for achieving equitable, inclusive and sustainable development.

Progress requires action at the global level: “The rules of the global economy should be aimed at improving
the rights, livelihoods, security, and opportunities of people, families and communities around the world.” -
World Commission on the Social Dimension of Globalization, 2004.

ILO has sought to define and guarantee labour rights and improve conditions for working people by building
a system of international labour standards expressed in the form of Conventions, Recommendations and
Codes of Practice.

ILO has adopted more than 180 ILO Conventions and 190 Recommendations covering all aspects of the
world of work, and has a supervisory process that helps to ensure that standards ratified by individual
member States are applied, and provides advice in the drafting of national labour laws. With the adoption
of the Declaration on Fundamental Principles and Rights at Work in 1998, ILO member States decided to
uphold a set of core labour standards regardless of whether they had ratified the relevant conventions. The
Declaration covers four areas, including Freedom of Association.

ILO’s tripartite Committee on Freedom of Association was set up in 1951 to examine violations of workers’
and employers’ organizing rights and handles complaints in ILO Member States whether or not they have
ratified freedom of association conventions. (Note: Thailand is an ILO Member State.)

Origins and history

The International Labour Organisation was created in 1919, as part of the Treaty of Versailles that ended
World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on
social justice.

The Constitution was drafted by the Labour Commission (Belgium, Cuba, Czechoslovakia, France, Italy,
Japan, Poland, United Kingdom, United States) set up by the Peace Conference, which first met in Paris
and then in Versailles. It resulted in a tripartite organization, the only one of its kind bringing together
representatives of governments, employers and workers in its executive bodies.

Advocacy for an international organization dealing with labour issues began in the nineteenth century, led by
two industrialists, Robert Owen (1771-1853) of Wales and Daniel Legrand (1783-1859) of France.

The ILO Constitution contained ideas tested within the International Association for Labour Legislation,
founded in Basel in 1901. There was increasing understanding of the world’s economic interdependence and
the need for cooperation to obtain similarity of working conditions in countries competing for markets.

The first International Labour Conference in Washington in October 1919 adopted six International Labour
Conventions, which dealt with hours of work in industry, unemployment, maternity protection, night work
for women, minimum age and night work for young persons in industry.

Continued on page 55.

46

2007 was a difficult year for TLC - and most other NGOs
in Thailand. The difficulties began in 2006 with the
Thaksonomic confusion that precipitated the Coup d’État
in September.
In May 2007 Somsak Kosaisook, one of the leaders of
the People Alliance for Democracy (PAD), resigned from
the TLC Advisory Board over differences of opinion on
PAD’s position.
The ‘Thaksin Out’ campaign - to which one could add
‘no matter what’ - divided people and activists in many
sectors, and even within TLC there were three positions:
joining PAD, joining the anti-Coup faction, or keeping to
grass-root logic.
PAD submitted to the absurd rationale that ‘good feudalism
is better than bad capitalism’. The anti-Coup faction,
that had stood-up for the basic principles of democracy
immediately after the Coup, was eventually led to believe
that they had no other choice than to join the (former)
‘Thai Rak Thai’ faction on the equally absurd rationale
that ‘dealing with capitalism is less painful than dealing
with military dictatorship’. From all of this one can only
conclude that the struggle to move Thailand from a state
of total corruption to a truly democratic society is going
to continue to be extremely hard on the regular citizenry.
47
TLC ADMINISTRATION
Within TLC itself, the result of the crisis was a
strengthening of concentration on grass-root work - on
field-surveys in villages and industrial communities.
TLC is sad to record the passing-away of our beloved
Khun Piyachet Klewklad on 26 June 2007 - our most
respected trade unionist and most solid member of the TLC
Advisory Board. At Khun Piyachet’s funeral service TLC
was privileged to screen a short film in commemoration
of Khun Piyachet’s work.
In relation to the work undertaken, the TLC office still
runs with a budget that is more than 50% below all
reasonable estimates of TLC’s real operational needs. All
the activity mentioned in this Annual Report is achieved
on a budget of not more than 70 000 Euro / annum, a
sum that includes the wages of 7 full-time and 3 part-time
members of staff and all running costs.
The constantly superb level of commitment of the TLC
staff and of all friends and supporters is always a wonder,
but, commitment aside, maintaining ability to remain
effective-in-practice means that TLC must find a way,
or ways, to break-out of it’s own poverty-cycle. TLC
is looking carefully at how to re-organise and stabilize
operations through more long-term agreements with main
partners.
Alongside our many partners, volunteers, supporters, friends and comrades, in 2007 the TLC staff comprised the
following good people:

Full-time:
Suthasinee Kaewleklai National Campaign Co-ordinator
Saneh Hongthong National Campaign Co-ordinator
Saner Boonthong Mae Sot Co-ordinator
Numnual Yapparat Research Co-ordinator
Jaruwat Kayuenwan Migrant Worker Campaign Co-ordinator
Pornphan Mangkita Administrative Assistant
Premjai Jaikla Administrative Manager

Part-time:
Junya Yimprasert Chief Co-ordinator
Mookdaluk Phasee Finance Manager
Pisut Boonthrong Webmaster

Consulting Editors:
Karnt Thassanaphak Thai language
Richard Thompson Coon English language

Advisory Board:
Bangon Sang-Ngam
Dr. Voravidh Charoenlert
Somyot Pruksakasemsuk
Sripho Wayuphak
Thaweep Kanchanawong
Wanphen Premkaew

In 2008 TLC will increase the membership of the Advisory Board, giving good attention to gender!

48
10.0
SUMMARY
For TLC, 2007 was a big year irrespective of the political upheavals in Thailand. In 2007 we were able to observe
that much of our past 8 years of effort was beginning to show encouraging results.

Despite all scepticism the Solidarity Factory, started in 2003 as an action initiative by former workers of the Bed
& Bath Factory, is not only still in operation but doing very well. Together with it’s logo ‘Dignity Returns’, Solidar-
ity Factory is becoming recognised as a model of a ‘worker-owned factory’ that produces ethical products of good
quality.

TLC’s consistent projection of the Right to Freedom of Association and constant campaigning to persuade the
Government of Thailand to ratify ILO Conventions ’87 and ’98 are receiving an increasing amount of support from
many sectors of Thai society. TLSC is increasing pressure for the ratification of these two core labour rights conven-
tions through ILO and through developing understanding and cooperation with the Ministry of Labour.

Thai unions have started to open their membership to migrant workers and, especially welcome news, to migrants
from Burma. Since TLSC is now actively encouraging migrant worker organisations in Thailand to form their own
collective bargaining association, or alliance or union, 2008 is going to be an interesting year, challenging abilities
to strengthen and build partnerships with and between migrant worker organizations.

With a membership now past the 100 families mark, the Network Against Exploitation and Trafficking of Mi-
grant Workers (NAT), which TLC helped establish in February 2007 and continues to develop research with, is
already an organisation with real ability to advise and support the rural poor who are prey to the agents of the labour
trafficking cartels.

Realisation of the Thailand Women Forum, 3-4 March 2007, is seen as an important landmark in the struggle
to enable Thailand, and S-E Asia, to become more gender sensitive. Plans are being developed to ensure that new
policy and legislation will be in place to allow Thailand as a nation to be a full and proud participant in the 100 year
Celebration of International Women’s Day in 2011.

As described in Section 2.1, TLC’s Labour Rights Caravan was begun in response to the static state of labour edu-
cation in Thailand at the end of the 90ies. 2007 saw the Labour Rights Caravan take a big step forward, to establish-
ment of a new and much needed Labour Rights Centre. Never-the-less, TLC remains concerned that the Labour
Movement in Thailand is still too slow in appreciating and understanding the dangers inherent in the SEZ-approach
to development.

The success in October of the short campaign for the re-instatement of Sony Technology Union workers raises
some hope that some of the big corporations that have traditionally looked upon S-E Asia as ‘easy game’ still have a
conscience.

In closing this annual report or review we take a dialectical glance at the future.

Conception of freedom and ‘normal life’ is relative to forces of suppression and oppression. The severity of the now
all-encompassing global problems we face today reflects refusal, by those in power, to accept that there is no free-
dom from limits to material growth, and no such thing as a ‘free’ market economy or a ‘free’ trade agreement.

The impacts of forced globalisation in our already super-charged atmosphere remain dangerous and highly threaten-
ing. The net-effect of the FTAs, and SEZs they spawn, is placing the meaning of sustainable development in ridi-
cule. The develop-mental confusion has given rise to a cry of pain that is echoing around the world - from Africa to
the Arctic, the Andes to the Himalayas. Super-saturated with the non-essential products and waste of western-style
consumerism, the cry of the global eco-system says . . ‘I know what is normal and I am very sick. Stop, please, im-
mediately, your irresponsible, materialist games.’ More than just a cry for help, it is a desperate cry for Solidarity.

The word Solidarity is supposed to encapsulate the sharing of the burden of the struggle that attempts to ensure that
all people have the best possible chances of a good, healthy life.

49
Should the Labour Movement adopt a more comprehensive view of the meaning of the word Solidarity? Is the de-
bate within labour deficient? The ‘Dictatorship of the Market’ depends upon the dictatorship’s ability to brain-wash
potential consumers. Surely the Labour Movement must concentrate on how to extract itself as much as on how
to confront the dictatorship, on how to engage more actively in identifying and developing new forms sustainable
employment. Many new parts and pieces of the democratic platform required to ‘rescue the planet’ are in evidence.
Whatever the dilemmas within the Labour Movement, three aspects of struggle stand above all . .

struggle for complete emancipation of all women,

struggle to establish fully participatory decision-making mechanisms,

struggle for organic food production.

The important point to notice is that there is no real connection between these 3 central aspects of the struggle for
sustainable development and the key instruments of neo-liberal ‘philosophy’: the Free Trade Agreement and the
Special Economic Zone.

Understanding labour rights is all about understanding greed. Through our material ambitions we have become, as
a species, our worst enemy. To be effective in removing the destructive elements and aspects of the globalisation
process, labour rights education must aim at ensuring all sisters and brothers are aware of the grass-root ways and
means that can be employed to prevent themselves falling victim to the agents of greed. Much rests on our ability to
develop labour rights education as a means to weld together the struggle for human rights and the struggle to stabi-
lize our dangerously unstable ecosystems.

50
Acknowledgements

In 2007 TLC received a lot of welcome support and wishes to give . .

many thanks to the following people and organisations for excellent co-operation . .

Sandeep Chatchara, Hong Thao Vacharautai Boontin and Action Aid International
Esther, Ineke, Nina and Jenneke Clean Clothes Campaign
Margrethe Volden, Pornthip Ratanakeree and Oneua Norwegian Church Aid
Yvonne Dahlin and Kanlaya Chularattakorn Diakonia
Hilde Van Regenmortel Oxfam Belgium
Anne de Boeck ICEM
Sunthree Sengking Northeast Women Network
Phan Wannaboriboon Homenet Network
Chutima Chaihong and the Kamyadaeng villagers Network against Trafficking and
Exploitation of Migrant Workers (NAT)

and in Mae Sot . .

Thandok Burmese Labour Solidarity Organisation

Mae Sot Legal Clinic
Mae Tao Clinic
JAC
SAW

also . .

Shan Women Action Network

Shan Youth Power and RUG
Karen River Watch
Back Pack Health Workers Team
Karen Office for Relief and Development

and a special thanks to . .

Jon Ungpakorn
Giles Ungpakorn
Rawadee Prasertcharoensuk
Thaweep Kanchanawong
Voravidh Charoenlert
Bangon Sang-ngam
Sripho Wayuphak Chutima
Siriwan Wongkietpaisarn

and comrades from the Thai unions . .

Sawit Kaew-whan and Wilaiwan Sae-tia, Thai Labour Solidarity Committee

Ploenpit Srisiri Women Workers for Unity Group
Somboon Srikhamdokcare WEPT
Bunyuen Sukmai &Jalan Klomkhunthod The Eastern Seaboard Union Groups
Waraporn Rakthai & Jansuda Silpchai Mikasa Labour Union
Kulnipa Phanthon Centaco Labour Union
Sukanta Sukpaita Rangsit Area Workers Union Groups
Sompong Phatpoom Almond Labour Union

51
Promma Phumphan Textile, Garment and Leather Workers Federation of Thailand.
Chalie Loisoong The Electronic Appliance Workers Federation
Jitra Kotchadet Triumph Labour Union

State Enterprises Labour Relation Confederation

Transport Labour Union
Saraburi Community against Power Plants
Sony Technology Union
Hoya Labour Union

and our TLC volunteers and helpers . .

Eric Elder
J.C Chen
Frankie Keller
Richard Thompson Coon

and to . . Dass
Able Tour Agency
SR Laws

We would like to mention those who have helped to establish the Chiang Mai office . .

Air, Tik, Lung Lert and Pa Jan

And finally, all old friends and comrades without whom life would not be the same, of whom we cannot mention all,
but . .

Lucia Yayaseelan Committee for Asia Women

Irene Zavier Tie-Asia
Arokia Dass Sigture
Monina Wong Labour Action China
Monique Lempers GoodElectronics
Ray Raising and Verna Viajar Global Network – Asia
Chennaiah APVVU
Daeoup Chang Asian Transnational Monitoring Network
Cory Croymans
Aranya phakaphat
Michael Mitchell
Dennis Arnold

Note from the Editor

Binding together materials for this TLC Annual Report, which we are calling Annual Review, has taken some
time, but, with the ‘global economy’ spiralling around the edge of the great abyss, it is a pleasure to work with
people that are fully-committed to strengthening grass-root solidarity.

50 years ago I remember, as a child, being impressed when a lorry with a shiny new stainless-steel tank came to
collect the milk from our farm. Soon afterwards I heard that the milk was dumped in a ditch on the other side of
the hill. I heard talk of a European butter-mountain, New Zealand was mentioned and I remained unbelieving.

As a teenager I suppose I understood something about style, but found the concept of fashion confusing and
never gave it any attention, except to resist hating it. Some 10 years ago, on a cold blustery January evening,

52
I was walking by chance down a street in Amsterdam with my children. The street was crammed with fashion
clothes that stretched for a kilometre. A thick stream of silent people pushed a path through the damp clothing,
which muffled all sound except for the chatter from the mass-produced garments as they jostled in their
aluminium racks. My 8-year old son looked up at me: “Where are we?” he demanded. I said: “Let’s get out of
here – now.”

Because we are not designed to move backwards there is always ‘progress’ of some kind, but to where? There
is no other planet awaiting us. Maybe it was the invention of gunpowder that triggered thinking that we could
blow-away our limitations. We cannot, and not with nuclear-fission either. Progress is only made through
recognising, accepting with good humour and adapting to limitations.

For years I worked in the North, most recently with problems facing the Gulf of Finland, which is divided by the
‘hard borders’ of 3 nation-states and the Russia-NATO syndrome. The ‘community’ of the Gulf is fully literate
and enjoys much ‘high-level’ education, it has high-tech everything and money more than enough but, like so
many other ‘developed’ parts of the planet, fails to produce sustainable development.

With our over-enthusiasm for technological solutions we fail in the answering but especially in the asking of
why we face such a growing barrage of problems. Some years ago, after a 2-day debate, a Russian sociology
professor working in conflict management said: “In every case, whatever You say or do, you will have to submit
to what they decide”. His ‘they’ referred mainly to the Kremlin, but by extrapolation to the Pentagon, Brussels,
Beijing – to reactionary government everywhere.

In the North it became clear to me that sustainable development cannot be established on the planet if organised
labour will not stand-up to face the environmental issues and the demands they impose on the meaning of labour,
growth and development, but labour in Europe is hopelessly shackled to unsustainable means of production.

In search of critical new perspectives, I attended the Asia-Europe People’s Forum (AEPF6) in Helsinki in 2006,
where I met Junya Yimprasert. When I discovered she worked for and with the people that sewed the clothes on
the racks in Amsterdam that had mildly freaked my 8-year old son, I felt a sense of relief.

What cause or good reason has Thailand, or any country not in the North, to follow the North? Surely the
lessons of deforestation and sprawl of Bangkok are travesty enough. Why go deeper into the synthetic mud of
capitalistic industrialisation? Why let that wicked old monster reduce the indigenous culture of Thailand, of
S-E Asia, any further?

Unesco’s Natural Sciences Quarterly Newsletter (Vol.6, No.3, 2008) asks: ‘How is it that an estimated 43% of
the rural population of Thailand now lives below the poverty line, even though agricultural exports grew by
65% between 1985 and 1995?

Thailand is a bright, beautiful, intelligent country - a country endowed with great natural fertility that, with a
still powerful agrarian community, still does have a chance to take a fresh grip on the meaning of sustainable
development, to set a real example in Indo-China – in Asia.

Five years ago, Yos Santasombat concluded his extremely valuable book ‘Biodiversity, Local Knowledge
and Sustainable Development’ (2003) with the following sentence . . “The time has come for a paradigm
shift from consumerist, growth-oriented, resource mining and exploitation
to sustainable development models that do not deplete natural resources
and where community rights to self-determination, dignity and freedom
constitute the norms.”

Why not allow democracy in Thailand to breathe freely?

I wish to record here my own thank you to Junya Yimprasert, who’s great
dedication and commitment, and endless hard work, has shed much light on
the road ahead, for me and I know for some millions of other people too.

THANK YOU JUNYA.

I wish also to thank, in Finland, Metti Nordin and Y-G for the time they
gave to assisting with the lay-out of this Review, and to Ebba Meitz and
Antero Tuisanen for their support.

53
‘Conclusion’ from 2005
Ed. As the Background Note at the start of this Report, the text below is a précis of the section
‘Conclusion’ in the 2005 Annual Report, presented to bridge thinking in 2005 with 2007.
Many have said that TLC is overly
ambitious - that expectations are too
high. We were often challenged with
“You make it sound so easy, but it is
easier said than done”. However, for the
past six years TLC has worked to show
that we can also do it. And, TLC has
demonstrated that it is not that difficult
to face what we are afraid off if we fight
together in strong unity.
Many fundamental principles and
philosophies have been integrated into
TLC strategy e.g. ‘An injury to one is an
injury to all’, ‘Women rights are labour
rights and human rights’, ‘Dignity is
not for sale’, ‘Employers are human
beings, authorities are human beings
and politicians are human beings, as
are workers human beings. Everyone is
equal.’
To fight for rights and justice we first
have to ensure that everyone, especially
workers, understands that they are
human beings - equal with all others.
In order to break the circle of poverty,
all people have the right to fight against
exploitative situations and unfair
practices of employment.
For six years TLC has been working with
workers and the Labour Movement, not
just in Thailand but all around the world,
fighting against exploitative working
conditions. Emphasizing Rights-based
strategies, TLC will continue the struggle
to open political space for workers, to
strengthen the bargaining power of the
poor and increase their possibilities for
direct engagement in decision-making
processes that effect their lives and
families.
The spread of union busting tactics
to almost every unionized factory in
Thailand has taken place not because
there are no labour protection laws,
but because the laws are not enforced
against employers and management.
To overcome union busting-tactics,
trade unions in Thailand must work
together strategically. The Government
of Thailand must comply with
internationally defined human rights
and labour standards. Thailand must
ratify ILO’s Conventions ’87 & ’98 on
rights to Freedom of Association and are witnessing how corporations avoid
Collective Bargaining. their responsibilities to their workers.
Corporate strategy aims to replace
The Ministry of Labour cannot be
secure and regular, long-term work with
blamed for everything. We must look at
contract-based, short-term, half-time
how the power game of the corporations
or casual jobs with no social welfare
is manifest, at how ‘corporation power’
benefits.
pushes (southern) governments to the
lowly task of competing around who All around the world, laws are being
can provide the greatest amount of bent and amended to reduce social
cheap labour, and we must understand welfare programmes and pensions
and expose how special incentives and schemes. It is vital that workers fight
tax exemptions are used to lure foreign together in solidarity to prevent the
investment. corporate agenda from going any further
with their aggressive movement against
Special Economic Zones are not
social responsibility.
created to support the dignity of local
community, they are tools of corporate Traditionally, blue collar workers see
collusion: ‘territories’ designed to extremely little or nothing of corporate
enable corporations and employers to profits, but what they see now is their
take greatest possible advantage of local work being out-sourced and a growing
people, environment and resources. dependence on well-paid recruiting
agencies that are created to supply
The tremendous pressure brought by
factories with workers on demand.
corporate power on the Thai Government
Avoidance of new, regular employment is
pushes officials to obedience, not to the
becoming common management policy
needs of Thailand’s workers, but to the
in both private and state enterprises.
needs and demands of corporate interests.
Under huge neo-liberal pressure, the Workers in the global South who are
task of Thai officialdom becomes that of drawn into out-sourced manufacturing
creating a sweet atmosphere for foreign face huge difficulties in their attempts to
investors and little else. A worker’s re-structure their lives. ‘Informalisation’
movement for justice and labour rights of the economy means that workers are
is regarded as nothing more than an pushed to consider themselves ‘self-
obstruction. employed’, ‘home-based’ or ‘sweatshop-
based’. When workers cease to have
It is not through their own failure that
any ‘visible’ or direct employer they fall
nearly two million migrant workers
from the category of ‘employed worker’,
seek work in Thailand, and in any case
their wages become irregular, dependent
every human-being has the right to look
on rate of production and often less than
for work and build a better life where
the legal minimum and, furthermore,
possible. Employers and recruiting
they cease to be covered by any social
agents that violate the rights of migrant
security or welfare programmes.
workers, exploit their vulnerabilities,
underpay their wages and overcharge for Stemming from current neo-liberal
lodging, food and other basic facilities, ideology, these fundamental issues are
must be brought to justice, along with the causing increasing amounts of suffering
authorities that support such abuse. The all around the world. Finding solutions
brutalities in Mae Sot against migrant to the entire set of oppressive issues is
workers who attempt to exercise their not going to be easy, especially if we are
collective bargaining rights is shameful. separate from each other.
The greatest challenge facing labour By concentrating on building solidarity
movements around the world is the through a rights-based approach and the
‘flexibilisation of employment’, which development of triangular strategy, TLC
grows as a product of the corporate, is confident the well-being of workers in
neo-liberal agenda. All around the Thailand and throughout the world can
world, blue and white collar workers be protected.
54
 Continued from page 46.
SHORT HISTORY of ILO

In the summer of 1920 ILO was located in Geneva and, under the auspices of the Organization’s
permanent Secretariat - the International Labour Office, adopted 16 International Labour Conventions
and 18 Recommendations in less than two years. Some governments voiced some objections, but
the International Court of Justice declared that ILO’s domain extended to international regulation of
conditions of work in the agricultural sector.

A Committee of Experts was set up in 1926 as a supervisory system on the application of ILO standards.
The Committee, which exists today, is composed of independent jurists responsible for examining
government reports and presenting its own report each year to the Conference.

Realizing that handling labour issues also requires international cooperation, the United States became a
Member of the ILO in 1934, although it continued to stay out of the League of Nations.

In 1939, as the Second World War became imminent, ILO moved headquarters temporarily to Montreal,
Canada. In the midst of the Second World War representatives of governments, employers and workers
from 41 countries, came together to adopt the Declaration of Philadelphia which, annexed to the
Constitution, still constitutes the Charter of the aims and objectives of the ILO.

The Declaration of Philadelphia, adopted in 1944, embodies the following principles: Labour is not
a commodity; Freedom of expression and of association are essential to sustained progress; Poverty
anywhere constitutes a danger to prosperity everywhere; All human beings, irrespective of race, creed or
sex, have the right to pursue both their material well-being and their spiritual development in conditions
of freedom and dignity, of economic security and equal opportunity.

In 1946, the ILO became a specialised agency of the newly formed United Nations, and in 1948 the
International Labour Conference adopted Convention No. 87 on freedom of association and the right to
organize.

Between 1948 and 1970 the number of Member States doubled and as the industrialized countries became
a minority amongst developing countries, the Organization took on its universal character, the budget
grew five-fold and the number of officials quadrupled. In 1960 the ILO established the Geneva-based
International Institute for Labour Studies and the International Training Centre in Turin in 1965. The
Organization won the Nobel Peace Prize on its 50th anniversary in 1969.

From 1970-73, the ILO advanced with the development of standards and mechanisms for supervising
their application, particularly the promotion of freedom of association and the right to organise.

ILO’s technical cooperation with developing countries averted damage to the Organization from loss
of one quarter of its budget following US withdrawal between 1977-1980. In the post-Cold War period,
ILO emphasised the importance of placing social justice at the heart of international economic and social
policies and adopted a course of decentralization of activities and resources away from the Geneva
headquarters.

On 4 March 1999, Juan Somavia of Chile took over as Director General. He emphasises fair globalisation
and the importance of making decent work a strategic international goal. He underlines work as an
instrument of poverty alleviation and ILO’s role in helping to achieve the Millennium Development
Goals, which includes cutting world poverty in half by 2015.

55
ILO CONVENTION No. 87 Freedom of Association & Protection of the Right to Organise
The General Conference of the International Labour Organisation, etc.
. . adopts the ninth day of July of the year one thousand nine hundred and forty-eight, the following Convention,
which may be cited as the Freedom of Association and Protection of the Right to Organise Convention, 1948:
Part I. Freedom of Association
Article 2
Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules
of the organization concerned, to join organizations of their own choosing without previous authorization.
Article 3
Workers’ and employers’ organizations shall have the right to draw up their constitutions and rules, to elect their
representatives in full freedom, to organize their administration and activities and to formulate their programmes.
The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise
thereof.
Article 4
Workers’ and employers’ organizations shall not be liable to be dissolved or suspended by administrative authority.
Article 5
Workers’ and employers’ organizations shall have the right to establish and join federations and confederations and
any such organization, federation or confederation shall have the right to affiliate with international organizations of
workers and employers.
Article 6
The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers’ and employers’
organizations.
Article 7
The acquisition of legal personality by workers’ and employers’ organizations, federations and confederations shall
not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3
and 4 hereof.
Article 8
In exercising the rights provided for in this Convention workers and employers and their respective organizations,
like other persons or organized collectivities, shall respect the law of the land. The law of the land shall not be such
as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention.

ILO CONVENTION No. 98 Right to Organise and Collective Bargaining

The General Conference of the International Labour Organisation, etc.
. . adopts the first day of July of the year one thousand nine hundred and forty-nine, the following Convention, which
may be cited as the Right to Organise and Collective Bargaining Convention, 1949:
Article 1
Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment.
Etc.
Article 2
Workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other
or each other’s agents or members in their establishment, functioning or administration. Etc.
Article 3
Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring
respect for the right to organize as defined in the preceding Articles.
Article 4
Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full
development and utilization of machinery for voluntary negotiation between employers or employers’ organizations
and workers’ organizations, with a view to the regulation of terms and conditions of employment by means of
collective agreements.
Article 6
This Convention does not deal with the position of public servants engaged in the administration of the State, nor
shall it be construed as prejudicing their rights or status in any way.
56
WWW.ILO.org