BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a peaceful protest 15.10.

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Version BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a peaceful
protest

ISSUES: Freedom of association; freedom of expression; human rights defenders; migrant

workers, labour rights
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Burmese
migrant workers in the city of Khon Kaen in north east Thailand, holding a peaceful
protest against their employer for illegally keeping their legal documents, had allegedly
been fired upon by gunmen. To frighten them, the gunmen fired shots into the
community where the workers lived. Allegedly the policemen who were investigating the
case tried to cover up the incident by not doing a serious investigation. Workers were
also prevented from receiving assistance from local human rights groups and NGOs.

CASE NARRATIVE: (According to information received from Social Action for Women -
Thailand)

From September 7 to 15, 2010, Burmese migrant workers held a peaceful protest at the
Dechapanich Fishing Net Factory where they were working, located in the city of Khon Kaen
province in north east Thailand. In the community where they lived, gunmen opened fire on
them. The workers were protesting because their employer refused to return their passports,
overseas worker identity cards and work permits. They had also been asked to work without
compensation for one-and-a-half hours each day since February 2010. The factory owner
wanted to recover the costs incurred in paying the recruitment agency when the workers were
hired.

The protest started when the company illegally terminated six workers. When these six workers
demanded to have their legal documents returned, the employer refused to do so. The six
workers were later supported by about 1000 migrant workers working in the same factory. Apart
from protesting the illegal termination of the six workers, the workers had also demanded the
return of their legal documents, payment of the salary and benefits due them. The workers were
considering looking for other employment because the factory is reportedly losing money.

Therefore, in exchange for stopping their protest, the employer agreed to meet the workers
demands: giving the salaries due them, their passports and their working permits, which only
allow them to apply for other employment. However, their employer did not fully comply with
what was promised. Instead, they prevented the workers from returning to work, threatened
those who chose to resign that they will not give them their remaining salary.

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BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a peaceful protest 15.10.10 12:42

Although 569 passports out of 938 have been given back to them, their overseas worker
identity cards and work permits were not. Without these documents the workers could neither
apply for other work or be hired by another employer.

The factory's manager Pi Yu seemingly permitted the workers to find new jobs but in reality it
was impossible for the workers to do this. The manager was asking 10,000 baht from any
future employers who would want to recruit his workers. This condition was not acceptable to
the workers. They were the ones who had to cover the cost of the 10,000 baht, prompting them
to resume their protest.

The protesting Burmese workers only received 140 baht (around 4.60 U.S. dollars) a day –
lower than the 157 Baht (5.20 dollars) minimum daily wage required by law.

On 6 of October, a notice was signed and posted by the factory manager. It stated that
remaining wages and documents, including Identification Cards for those workers who choose
to resign, could only be claimed at the immigration office on 7 October in the morning. They
required the workers to go the immigration office and told them that they were no longer taking
any responsibility for them. In the evening of 6 October, workers resumed their peaceful protest
against their employer's failure to comply with their earlier promises. The workers could not
accept such deception and manipulation. In addition, they had great difficulty in providing for
their daily needs. They did not have enough food to eat and the NGOs were prevented from
helping them.

In the early morning of 7 October, it was alleged that the two gunmen riding on motorcycles
fired their guns into the community where the migrant workers lived. This was done purposely
to frighten them. Not daunted, however, the migrant workers allegedly chased the gunmen and
tried to make a citizens arrest but failed. While escaping, one of the gunmen abandoned his
motorcycle, license plate number 259, registered in Khon Kaen Township.

On that same day at about 12 pm, the workers allegedly heard more than 8 gunshots near the
factory. This incident made the workers anxious about their security. However, despite having
informed the local police and the security guards at the factory, none of them took action to
investigate who fired the guns and to what purpose. The workers strongly believed that the
shooting was done to intimidate them to stop their protest. Furthermore, they could get no
answers from the local leaders of Khon Kaen after contacting them.

On 10 of October, people helping the workers contacted their leader about opening an
investigation. During the investigation, three factory security guards and three policemen went to
check the abandoned motorcycle. They did not take a photograph of it saying that they needed
to check on the motorcycle in the police station records. The police did not seriously investigate
the workers complaint. They laughed at the workers when they learned that they were
frightened after hearing the gunshots. Their entire investigation took only 15 minutes to
complete.

SUGGESTED ACTION:
Please write a letter to the concerned authorities below requesting their immediate intervention
in this case.

The AHRC has also written separate letters to the ILO Director General and the UN Special
Rapporteur on the Human Rights of Migrants. Please note that in writing letters to Burma, it
should be referred to by its official name, Myanmar.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

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BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a peaceful protest 15.10.10 12:42

BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a

peaceful protest
Number of affected workers: About 1,000 Burmese migrant workers
Name of the factory: Dechapanich Fishing Net Factory in the city of Khon Kaen in north east
Thailand
Subject of the labour dispute: Illegal termination of factory workers; failure to give salaries
and benefits due to the workers; refusal to return the workers' passports, overseas worker
identity cards, work permits and other legal documents they need to work legally in Thailand.
Date of incident: 7 September 2010 – 10 Ocrober 2010
Place of incident: Khon Kaen Province, north-east of Thailand

I am writing to express deep concern over the threats and intimidations made against Burmese
migrant workers, holding a peaceful protest at the Dechapanich Fishing Net Factory in the city
of Khon Kaen Province in north east Thailand. The workers were protesting against the refusal
of their employer to release their passports, overseas worker identity cards and work permits.

The workers had also been forced to work in addition one-and-a-half hours each day, without
pay, since February 2010. This was done to recover the cost to the employer of recruiting them
into the factory. The costs of recruitment should be covered by the employer and not by the
workers being hired.

I have been informed that the labour dispute started when six workers were dismissed earlier
and illegally by the factory. When these workers sought to claim their legal documents from the
employer, he refused to release them. Since September 7 to 15, 2010 the workers had been on
strike to demand that their legal working documents be given back to them. The workers could
neither apply for or be hired by another employer unless they can produce their documents,
held back by their first employer.

The six protesting workers had the support of 1000 migrant workers from the same factory. The
factory owners then promised to release the workers legal documents, prompting the workers to
stop their protest.

However the employer did not keep his word to give back passports and related documents to
all of their workers. The company did return 569 out of 938 passports, but the overseas worker
identity cards and work permits were not returned. Without these cards the workers could not
apply for any another employment.

The employer also prevented the workers from returning back to work. Those who had chosen
to resign were threatened that they would not be given their remaining wages. The Burmese
are being paid only 140 baht (around 4.60 U.S. dollars) a day – lower than the government-
sanctioned 157 Baht (5.20 dollars) as the minimum daily wage.

While the manager of the factory, Pi Yu, had given the workers his consent that they could
apply for another job, yet he was demanding 10,000 baht from employers who were interested
in hiring his workers. This condition had effectively prevented the workers from applying for
another job or entering into a new contract with those interested in their services. The workers
had opposed the manager's condition that each of the workers would have to bear the
recruitment cost of 10,000 baht.

On 6 of October, a notice signed by the factory manager, stated that remaining wages and
documents, including Identification card for workers who had chosen to resign, could only be
claimed at the immigration office on October 7. Therefore, the workers were forced to go the
immigration office. On the evening of October 6, the workers held a peaceful protest in the
chapel near the factory. Needless to say, during all this time, the workers had difficulty in
securing items for daily living. Basically, they had not enough food to eat, and NGOs were
prevented from helping them.

In the early morning of October 7, it was alleged that the two gunmen riding on separate
motorcycles fired their guns into the air close to the community where the migrant workers were
living. The incident frightened them. But, not daunted, the workers chased the gunmen but
failed to make a citizens arrest. Significantly, as they were escaping, one of the gunmen

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BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a peaceful protest 15.10.10 12:42

failed to make a citizens arrest. Significantly, as they were escaping, one of the gunmen
abandoned his motorcycle, license plate number 259, registered in Khon Kaen Township.

On that same day at 12 pm, the workers allegedly heard at least 8 gunshots near the factory,
which made the workers anxious about their security. When the workers complained about the
incident, neither the factory security guards nor the local leaders in Khon Kaen took any action
despite having been informed of the situation.

On October 10, people helping the migrants, contacted their leaders about conducting an
investigation. An investigation was conducted at the factory, which included three factory
security guards and three policemen in the area. The police checked the abandoned motorcycle
but they did not take a photo, claiming they would have to check records of the motorcycle at
their police station. The entire investigation lasted for only15 minutes.

I urge you to order an immediate investigation into this case. The authorities must establish the
identity of the strangers who had fired the guns frightening the workers. The Department of
Labour Protection and Welfare, the Ministry of Labour should take responsibility in resolving this
dispute by ensuring that the rights of these workers are protected.

These migrant workers deserve equal and adequate protection from the government of
Thailand. They had been working legally. They were in compliance with the Nationality
Verification process, the formalized irregular migration channels between Thailand and its
neighboring countries provided by the Royal Thai government. As shown in this case, even
though they had obtained proper legal documents, they were not backed by legal protection for
their livelihood and security.

Also, I call upon you to ensure protection and safety to those who are providing assistance to
the workers. I am deeply concerned that similar instances of threats will be repeated against
persons who were coming to the aid of these migrant workers.

I look forward to your strong intervention.

Yours sincerely,

---------------------
PLEASE SEND YOUR LETTERS TO:

1. Mr. Abhisit Vejjajiva

Prime Minister
Government House
Pissanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 288 4000 ext. 4025
Tel: +66 2 288 4000
E-mail: spokesman@thaigov.go.th or abhisit@abhisit.org

2. Mr. Chalermchai Sri-oon

Ministry of Labour
Office of the Minister of Labour
Mitrmaitree Road
Dindaeng
Bangkok 10400
THAILAND
Fax: +662 232 1467, +662 232 1468
Tel: +662 232 1051, +662 232 1061
E-mail: om@mol.go.th

3. Mr. Kasit Piromya

Minister of Foreign Affairs
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road

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BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a peaceful protest 15.10.10 12:42

443 Sri Ayudhya Road

Bangkok 10400
THAILAND
Fax: +662 643 5318
Tel: +662 643 5333
E-mail: om@mof.go.th

4. Mr. Chaowarat Chanweerakul

Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +66 2 226 4371/ 222 8866
Tel: +66 2 224 6320/ 6341
E-mail: om@moi.go.th

5. Pol.Gen. Wichean Potephosree

Royal Thai Police
1st Bldg, 7th Floor
Rama I, Patumwan
Bkk 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th

6. Professor Amara Pongsapich

Chairperson of the National Human Rights Commission of Thailand
Office of the National Human Rights Commission of Thailand
The Government Complex Commemorating His Majesty the King's 80th BirthDay Anniversary
5th December, B.E.2550 (2007), Building B
120 Moo 3, Chaengwattana Road
Thoongsonghong, Laksi
Bangkok 10210
THAILAND
Fax: +662 143 9546, +662 143 9575
Tel: +662 141 3800, +662 141 3900
E-mail: commission@nhrc.or.th

7. Mr. Juan Somavia

Director-General
International Labour Orgnaization
4 route des Morillons
CH-1211 Genève 22
SWITZERLAND
Fax: +41.22.799.8533
Tel: +41.22.799.6026
E-mail: cabinet@ilo.org

8. Lt-Gen. (Retd.) Thein Sein

Prime Minister
c/o Ministry of Defence
Naypyitaw
MYANMAR
Fax: + 95 1 652 624
Tel: + 95 1 372 681

9. Mr. Jorge A. Bustamante

Special Rapporteur on the Human Rights of Migrants
Office of the High Commissioner for Human Rights
United Nations
8-14 Avenue de la Paix

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BURMA/THAILAND: Gunmen allegedly fired upon Burmese factory workers holding a peaceful protest 15.10.10 12:42

8-14 Avenue de la Paix

1211 Geneva 10
SWITZERLAND
Fax: (+41 22) 917 90 06
E-mail: urgent-action@ohchr.org or migrant@ohchr.org

10. U Kyaw Tint Swe

Representative of Myanmar to the ASEAN intergovernmental
Commission on Human Rights
2300 S Street, N.W. Washington D.C. 20008
Tel: (202) 3329044, 3329045, 3329049
Fax: (202) 352-9046

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

Posted on 2010-10-15
Back to [2010 Urgent Appeals]

Asian Human Rights Commission

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