Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United

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Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
Situation on Migrant Workers
and Border Crossing
During the Covid-19 Pandemic

            November 2021
                                     Migrant Working Group

            Author
            Sirada Khemanitthathai

            Funder
            Humanity United
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
Executive
Summary
 T
        the second wave of the COVID-19 pandemic in Thailand saw huge          challenges while trying to get vaccinations.      Many negative and violent opinions of Thai
        cluster transmissions among migrant workers due to their poor          Some migrant workers got vaccination via the      people towards migrant workers have been
        and dense living conditions. During the second wave, from 20           arrangements of their employers who procure       found online. There also were several cases
 December 2020 to the end of March 2021, 61.6% of the total infections         alternative vaccines or registered with private   of the government agencies reproducing the
 nationwide were Myanmar nationals who mostly worked in Samut Sakhon           hospitals. Moreover, civil society sectors,       otherness of migrant workers.
 province, the epicenter of the second wave. The third wave of the             including Migrant Working Group, stepped in
 pandemic started on 1 April 2021. Until 31 October 2021, infected people      and worked closely with local health officials    In coronavirus outbreak control, migrant
 with Myanmar, Laotian and Cambodian nationalities accounted for 8.3%          to allocate vaccines for undocumented             workers have been often targeted for control
 of total COVID-19 cases nationwide. However, the unofficial count was         migrants and their adherents. This helped         and limitation of movement, whether in a
 estimated to be higher than the recorded number of confirmed cases due        close the loophole of unclear government          residential area, in workplaces or on large
 to insufficient data. Provinces that had the highest number of COVID-19       policies towards this group of migrants.          scale like the government policy prohibiting
 cases among migrant workers include Bangkok, Samut Sakhon, Samut                                                                migrant workers to travel across provinces.
 Prakan, Chonburi and Nonthaburi.                                              Migrant workers are one of the most               Implementation of these measures is
                                                                               vulnerable groups economically and socially.      embedded with discrimination as many
 Thai government policies have ensured non-Thai nationals’ access to           The COVID-19 crisis has compounded the            implementations have been exclusively
 medical services and subsequent treatment, no matter whether they are         challenges the workers had faced, pushing         enforced on migrant workers.
 covered by health insurance or not. In practice, however, these policies      them into further vulnerability. Many migrant
 could not fully be implemented due to resource mismanagement and the          workers are usually paid on a daily basis.        In managing migrant workers during COVID-19,
 top-down cumbersome bureaucracy. Sometimes racial discrimination              Despite a steady decrease in income,              the Thai government has emphasized waiver
 cases were found being done by authorities or officials at the                expenses remain unchanged or are even up.         measures or extending the deadlines, and
 operation- al levels. Regarding vaccination, there were 1,294,666 foreign                                                       regularization or giving legal statuses to
 nationals who had received at least one dose of a Covid-19 vaccine. A         For small and medium-sized factories, many        undocumented workers, by using the original
 large portion of the population who has been vaccinated included              migrant workers’ salaries were cut or             ad hoc mechanism, the Cabinet Resolution.
 Myanmar nationals, Cambodians and Laotians, respectively. For                 suspended from work. Most documented              Waivers on migrant workers’ legal statuses
 documented migrant workers, the government has issued clear                   migrant workers who hold work permits have        are divided into two types including (i) waiver
 regulations for them to get the vaccine.                                      not registered with the Social Security Office.   for workers who had or used to have legal
                                                                               This has made them at risk of being deprived      statuses but the statuses had been ended by
 The government has allowed local adminis trative bodies in each province      of social security benefits. In terms of          laws and (ii) waiver for illegal smuggling or
 to design and implement the vaccine distribution plan as they see suitable,   societal impacts, migrant workers are often       undocumented migrants. The first type
 thus migrant workers living in different provinces face different             stigmatized and stereotyped by local Thais.       consists of the 4 August 2020 Cabinet
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
Resolution, the 29 April 2021 Cabinet            demanded migrant workers most were               channels due to the Thai policy of
                                                                                                                                              Contents
Resolution (waiver for fishery workers) and      agriculture, livestock, construction, service,   No Movement of Migrant Workers,
the 13 July 2021 Cabinet Resolution. The         agricultural industry and textile industry.      and (ii) Cambodians who traveled
second one refers to the 29 December 2020                                                         from Cambodia to Thailand in order
Cabinet Resolution and the 28 September          Smugglings across borders have been              to look for jobs. Smuggling was not
2021 Cabinet Resolution. Even though there       continuously happening in different ways.        limited to foreigners, Thai people    The Covid-19 Infections        6
have been several policies to waive migrant      They include looking for jobs in Thailand,       did as well. Some of them returned    Among Three Nationals
workers’ legal status, many problems have        using Thailand as a transit, migrant workers     to Thailand after entertainment
been found in practice. For example, workers     returning home, Thai people coming back to       businesses at the border in
who needed a health checkup could not do         Thailand, and Thai people smuggling to work      neighboring countries were closed     Access to Public Healthcare   24
it because the COVID-19 pandemic was going       in neighboring countries. A lot of Myanmar       due to COVID-19. Others illegally     Services
on and some hospitals were not open for          migrant workers have the overlapping status      left Thailand to neighboring
COVID-19 testing. Some had problems with         of being refugees, because the reason that       countrie s to work for online         Economic and Social Impacts   26
income and debt, so they could not pay the       drives them out of Myanmar is the structural,    gambling companies.                   of the Covid-19 Pandemic on
registration fee. Also, some workers could not   political crisis after the coup. Some of them                                          Migrant Workers
find new employees on time, so they were not     fled from the severe COVID-19 situation in
able to apply for work permits.                  Myanmar in the middle of 2021. Nonetheless,                                            Migrant Workers COVID-19      30
                                                 Thailand does not have official channels for                                           Outbreak Prevention
The Thai government’s consideration to           refugees. Apart from that, some Myanmar                                                Measures
import migrant workers through MoUs, which       people crossed the border and used Thailand
later followed the management of migrant         as a transit to work in Malaysia. Some came
workers who had already existed in Thailand,     from Malaysia and traveled via Thailand to                                             Migrant Worker Management     36
was due to pressures and demands from            return to Myanmar. The policy prohibiting                                              during COVID-19
entrepreneurs. In the middle of 2021, the        migrant workers’ movement in Thailand
labor shortage got more s evere. The             caused some of them to smuggle from
Department of Employment then surveyed           Thailand to Myanmar. Cambodian people who                                              Movements across Borders      50
the labor demands from private sectors and       crossed the border were divided into two
found that there certainly were demands for      types including (i) Cambodians who had to                                              Roles of                      68
424,703 migrant workers. The businesses that     leave Thailand to Cambodia via irregular                                               Countries of Origin
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
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      1
                                                                                                                  Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic

               The Covid-19 Infections
               Among Three Nationals

    T   he second wave of the pandemic in Thailand saw huge
        cluster transmissions among migrant workers due to their
    poor and dense living conditions. The migrant workers lacked                     The First Wave of                                       The Second Wave of
    access to healthcare and preventive tools because they were                      the Covid-19 Pandemic                                   the Covid-19 Pandemic
    too expensive when compared to their wages.
                                                                                     During the first major wave which lasted                The second wave of the Covid-19 that
                                                                                     from January 2020 until 19 December                     started on 20 December 2020 saw huge
             Living conditions:                   Working conditions:                2020. Of the 4,331 people diagnosed with                cluster transmissions among hundreds of
                                                                                     Covid-19 nationwide, two percent were                   Myanmar nationals in Samut Sakhon
             Migrant workers usually share a      Migrant workers usually work       migrant workers from Myanmar, Laos and                  province. As Myanmar nationals were
             room with their friends who work     in large groups. During the        Cambodia. The cases are shown below.                    suspected of being a center of the spread
             in different shift to ensure their   second wave the outbreak,                                                                  of Covid-19, they were tracked for the sake
             savings. However, when the           Covid-19 cases were mainly         Table: A total of the Covid-19 infections               of the pandemic control. Of the total
             Covid-19 outbreak began,             found at markets. During the       among migrant workers from Myanmar,                     infections nationwide, 61.6% or 24,532
             a large number of migrant            early stages of the third wave,    Laos and Cambodia between January and                   patients were Myanmar migrant workers,
             workers who was supposed to be       infections among migrant           19 December 2020 (the first wave)                       making them the largest proportion of
             in a quarantined space or were       workers at factories soared,                                                               coronavirus infections. As for the propor-
             jobless had been forced to live in   especially in Mae Sot district,     Myanmar         Laos       Cambodia         Total      tion of infections among three nationals,
             overcrowded dormitories, where       Kanchanaburi and Phuket. In-            81            3             3            87        their infection cases which accounted for
             social distancing was impossible.    fections among Myanmar mi-         (Nationalities of 30 cases were not identified)         62.9% can be divided as follows.
             Those who were classified as at      grants were found at markets,
             low-risk of contracting Covid-19     factories and on fishing boats     None of the three nationalities was                     Table: A total of the Covid-19 infections
             had no choice but to live among      before the virus later spread to   identified among Covid-19 fatalities                    among workers from Myanmar, Laos and
             the at high-risk groups. In some     factories in large provinces.      during the first wave.                                  Cambodia between 20 December 2020
             places, they shared toilets and                                                                                                 and 31 March 2021 (the second wave)
             bathrooms while waste                                                   Three provinces with the highest number
             management were also found                                              of cases among workers from Myanmar,                      Myanmar         Laos      Cambodia        Total

             unhygienic.                                                             Laos and Cambodia were Bangkok,                            15,110          97          226         15,423
                                                                                     Songkhla and Tak, respectively.                         (Nationalities of 530 cases were not identified)
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
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    The fatalities during the                                                                                          The Third Wave until the end of October 2021
    second wave included one
                                                                                                                       The third wave of Covid-19 began on 1 April 2021. The situation of Covid-19 out-
    Myanmar national.
                                           Table: Provinces that had the highest number of Covid-19 cases              break in Thailand was s evere and occurred among all groups of
                                           among Myanmar migrant workers between 20 December 2020 and                  population. Until 31 October 2021, Thailand had treated 1,883,161 Covid-19
    Among three nationals,
                                           31 March 2021                                                               patients, 156,264 or 8.3% of whom were migrant workers from Myanmar, Laos
    most of the sufferers in
                                                                                                                       and Cambodia. However, the unofficial count was estimated to be higher than the
    Samut Sakhon, the
                                                 Ranking              Provinces        Cases among                     recorded number of confirmed cases due to insufficient data.
    epicentre of the second
    wave of Covid-19, were                                                            Myanmar migrant
    Myanmar             migrant                                                           workers
                                                                                                            Table: A total of the Covid-19 infections among migrant workers from Myanmar, Laos
    w o r k e r s , fo l l o w e d b y              1               Samut Sakhon           14,046           and Cambodia between 1 April and 31 October 2021
    Bangkok and Pathum Thani.
                                                    2                 Bangkok               496
    M e a n w h i le, i n fe c t i o n s                                                                        Month            Myanmar            Laos          Cambodia             Total            (Unidentified
                                                    3               Pathum Thani            309
    among migrant workers                                                                                                                                                                                Nationality)
                                                    4                   Tak                 168
    from Cambodia and Laos                                                                                          April          347                  150              68             565                 (2,734)
    were comparatively low and
                                           Table: Three provinces that had the highest number of Covid-19           May          11,396            1,153             2,623            15,172                (8,574)
    thos e confirmed to be
                                           cases among Cambodian migrant workers between 20 December                June         17,595                 990          3,924            22,509                (5,011)
    infected           with       the
                                           2020 and 31 March 2021                                                   July         23,426            1,396             5,563            30,385              (40,182)
    coronavirus were found
                                                                                                               August            28,869            1,674             9,232            39,775              (53,084)
    mainly in Bangkok. The high
    number of new cases in                       Ranking              Provinces         Cases among          September           22,475            1,249             7,292            31,016              (30,179)
    Samut Sakhon and Pathum                                                              Cambodian            October            11,614                 670          4,558            16,842              (27,834)
    Thani provinces, however,                                                          migrant workers          Total            115,722          7,282             33,260            156,264           (167,598)
    were caused by proactive                        1                 Bangkok                48
    Covid-19 testing among                          2                 Chonburi               47
    migrant workers by the Thai                                                                             Graph: Covid-19 cases among three nationals reported by the Thai authorities between
                                                    3               Samut Prakan             31
    authorities.                                                                                            1 April 2021 and 31 October 2021
                                                                                                            60000
                                           Table: Three provinces that had the highest number of Covid-19
                                           cases among Laotian migrant workers between 20 December 2020     50000

                                           and 31 March 2021
                                                                                                            40000

                                                 Ranking              Provinces       Cases among Lao
                                                                                                            30000

                                                                                       migrant workers      20000

                                                    1                 Bangkok                47
                                                                                                            10000
                                                    2               Pathum Thani             19
                                                    3                Nonthaburi              12                 0
                                                                                                                       April
                                                                                                                        เมษายน   May
                                                                                                                                 พฤษภาคม   June
                                                                                                                                            มิถนุ ายน     July
                                                                                                                                                          กรกฎาคม        August
                                                                                                                                                                         สิงหาคม      September
                                                                                                                                                                                      กันยายน        October
                                                                                                                                                                                                     ตุลาคม

                                                                                                                                 Myanmar
                                                                                                                                 เมียนมา       Laos
                                                                                                                                               ลาว             กัมพูชา
                                                                                                                                                              Cambodia        Total
                                                                                                                                                                              รวม         ข้Unidentified    ั Nationality
                                                                                                                                                                                             อมูลที@ไม่ระบุสญ ชาติ
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
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                                                                                         Graph: Covid-19 fatalities reported by the Thai authorities between
                                                                                         June and October 2021

                                                                                                               Myanmar        เมียนมา Laos   ลาว         กัCambodia
                                                                                                                                                           มพูชา       รวม    Total

                                                                                          200
                                                                                          180
                                                                                                                                                   172
                                                                                          160
                             401 fatalities among three nationals, accounting for 2.1%    140
                                                                                                                                                   156

                             of the total fatalities nationwide, were recorded between    120
                                                                                                                                                                        108
                             1 April 2021 and 31 October 2021. The data can be            100
                                                                                                                                                                        88
                             classified below.
                                                                                           80
                                                                                           60                                                                                          59
                                                                                                                         51                                                            49
                                                                                           40                            39
                                                                                           20                                                                           16
                                                                                                     11                                           14                                    10
                                                                                                        7
                                                                                                        3                 7
                                                                                                                          5                        2                     4
                                                                                            0           1                                                                                0
                                                                                                  มิถJune
                                                                                                      นุ ายน          July
                                                                                                                     กรกฎาคม                  August
                                                                                                                                               สิงหาคม                September
                                                                                                                                                                        กันยายน       October
                                                                                                                                                                                      ตุลาคม
     Table: The Covid-19 fatalities registered between
     1 April 2021 and 31 October 2021
                                                                                                                               Pregnant women have higher risks of contracting the virus
        Month     Myanmar       Laos        Cambodia         Total          (All                                               and dying from Covid-19. Statistics from 1 April to 11 August
                                                                         Nationals)                                            2021 found that 185 pregnant women were infected with
                                                                                                                               Covid-19. Among them, 16% were Myanmar nationals, 4%
        April                          (N/A)                               (109)
                                                                                                                               were Cambodians and 2% were Lao nationals. Out of the 29
         May                           (N/A)                               (828)                                               fatalities among pregnant women nationwide, 14% were
        June          7           3              1            11           (992)                                               Myanmar nationals and 3% were from Laos.

         July        39           5              7            51          (2,834)

        August       156          2             14            172         (6,732)

      September      88           4             16            108         (5,138)

       October       49           0             10            59          (2,478)

        Total        339          14            48            401         (19,111)
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
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                         Based on available data, ten provinces that had the high-
                         est number of Covid-19 cases among Myanmar, Lao and
                         Cambodian nationals between 1 April and 31 October
                         2021 are as follows:1

                         •       Bangkok
                         •       Samut Sakhon
                         •       Samut Prakan
                         •       Chonburi
                         •       Nonthaburi
                         •       Pathum Thani
                         •       Phetchaburi
                         •       Rayong
                         •       Nakhon Pathom
                         •       Tak

     1 The shown data may be inaccurate since there are 167,598 people whom nationalities are not identified.
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
14                                                                                            Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   15

     2   Access to Public
         Healthcare Services                                             Screening Policy
                                                                         • The Second Wave of Covid-19

         Since migrant workers are considered one of the country’s       The Thai authorities carried out a mass         the Social Security Fund could access
         most vulnerable groups that have been largely affected by       screening test for the workers during           to health services and active testing.
         the Covid-19 outbreak, the Thai government has provided         the second wave. On 21 December
         them access to medical care, including screening, testing       2020, the Centre for Covid-19 Situation         The workers who were protected by the
         and subsequent treatment, no matter whether covered by          Administration (CCSA) under the                 social security program received
         the health insurance or not. In practice, however, there has    Ministry of Interior ordered all provin-        Covid-19 treatment at the registered
         been an insufficient amount of medical resources to help        cial governors to tighten controls and          hospitals, while those who had not
         treat the critically ill patients. The resource mismanagement   set up the Covid-19 screening points            registered with the Social Security
         and the top-down cumbersome bureaucracy has resulted in         for Myanmar nationals. The surge in             Office were not eligible to receive
         racial discrimination. Sometimes, the officials do not fully    Covid-19 infections prompted the                treatment for Covid-19 free of charge.
         understand or are reluctant to provide healthcare assistance    provincial authoritie s to clos ely             During the early stage of the second
         for migrant workers when many infected Thais have not           monitor all business activities and             wave in Samut Sakhon province,
         received treatment.                                             conduct random screening tests on               undocumented migrant workers could
                                                                         migrants. Meanwhile, the health                 not access coronavirus screening tests
         Other obstacles for migrant workers to access healthcare        officials had been mobilized to conduct         as demand reached the quota fixed by
         and essential services include language barriers hindering      proactive Covid-19 testing at markets,          the government. Several sectors joined
         communication between migrant workers and officials as          construction sites and worker camps in          forces to provide the Covid-19 testing
         well as lack of access to necessary information. Undocu-        Bangkok. Then, in early January 2021,           for migrant workers. For those working
         mented migrant workers remain unvaccinated because they         the Ministry of Labour implemented              in large factories, provincial authorities
         are afraid of being arrested, while legal workers are not       Covid-19 screening measures on                  conducted Covid-19 test and set up
         confident in the healthcare service from the authorities.       migrant workers living in maximum and           field hospitals inside the factories. The
                                                                         strict control zone. Both Thai and              employers were responsible for all the
         Furthermore, the majority of workers avoid the Covid-19         migrant workers who were covered by             costs incurred in facilities.
         screening and conceal at-risk history due to low wages and
         lack of government compensation.
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
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                                                                                             Treatment Policy
                                                                                                                                          “     we do not
                                                                                                                                                     accept
                                                                                                                                                    migrant
     • The Third Wave of Covid-19                                                            Government policies ensure that non-

     Migrant workers who were not aware         Office Area 1-10 and the provincial
                                                                                             citizens of Thailand have equal access to
                                                                                             public healthcare and Covid-19 treatment.
                                                                                                                                                    workers
     of or did not buy health insurance and     employment offices in Pathum Thani,          Migrant workers, no matter whether
     were classified as at high-risk of         Nonthaburi and Samut Prakan had been         covered by the social security program or
     contracting Covid-19 can access free       assigned to inspect workers who are          not, have the same right to access health-   treatments, the Ministry of Public Health
     Covid-19 test in accordance with the       non-citizens of Thailand in the area. A      care and essential services. In mid-May      also announced on 9 November 2021 that
     government policy. According to the        Covid-19 testing service set up at the       2021, Ministry of Public Health announced    it allocated some budgets for migrant
     public health ministry’s                   Thai-Japanese stadium, Din Daeng, was        that infected migrant workers with           workers who did not have health insurance
     announcement issued on 23 April            also available for large number of migrant   moderate symptoms (yellow group) must        to receive such treatments.
     2021, the hospitals were entitled to the   workers.                                     be transferred to the Pre-Admission Centre
     Covid-19 care reimbursement                                                             at the Nimibutr Stadium in Bangkok where     Be side s, racial discrimination was
     program, which included costs for          On 5 July 2021, the letter issued by the     a field hospital was established and the     reported. In late June, the Pre-Admission
     Covid-19 lab tests for migrant workers     Department of Employment stated that         Thanyarak Pattani Rehab Centre.              Centre claimed that a signboard in front
     who had no access to healthcare. The       proactive Covid-19 testing for workers                                                    of the building that “we do not accept
     cabinet on 25 May 2021 resolved to         from three countries – Cambodia, Laos        According to the public health ministry’s    migrant workers” was installed after the
     allocate a budget to look after and        and Myanmar had been put on hold. The        announcement issued on 19 June 2021,         employers abandoned their workers
     provide healthcare services to migrant     Department’s director-general claimed        Covid-19 treatment and related health-       without asking permissions from the
     workers and stateless persons behind       that the active testing was on hold          care services were covered for migrant       center in advanced. As of 30 September
     bars.                                      because of insufficient resources for        workers who hold health insurance cards.     2021, the statistics shows that the center
                                                general patients and overlapping             On the other hands, the Department of        treated 12,696 patients, 3,246 of whom
     The order of Department of                 authority with the Bangkok Metropolitan      Disease Control would bear the medical       were migrant workers. Even though the
     Employment, Ministry of Labour, dated      Administration. The active testing in        costs for the workers who did not buy        center looked after many migrants, the
     24 June 2021 also aimed at closely          maximum and strict control zones must       health insurance or whose legal status       signboard stirred worries that the order of
     monitoring and screening migrant           be approved by the National                  remained unclear. As for the Home            healthcare services would be delivered
     workers currently living and working in    Communicable Disease Committee which         Isolation and Community Isolation            based on nationalities.
     maximum and strict control zones.          falls under the Bangkok Metropolitan
     Staffs at the Bangkok Employment           Administration.
Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic - November 2021 Author Sirada Khemanitthathai Funder Humanity United
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                        Vaccination                                                                  • The Government’s Policy for Covid-19

                        According to figures recorded between 28 February and 2 November 2021,       For documented migrant workers, the               million doses. Two million doses of
                        there were 1,294,666 foreign nationals who have received at least one        government has issued clear regulations           Covid-19 vaccines, accounting for eight
                        dose of a Covid-19 vaccine, accounting for 26.5 percent of the total         for them to get the vaccine. In August            percent of the total vaccines allocated in
                        foreigners living in Thailand. A large portion of the population who has     2021, the Department of Employment                November, have been administered to
                        been vaccinated included Myanmar nationals, Cambodians and Laotians,         stated that all migrant workers with work         “migrant workers” who are among the
                        respectively.                                                                permits are entitled to the vaccines              Thai government’s target groups.
     Table: A total of three nationals who have received at least one dose of a Covid-19 vaccine     against Covid-19 which were jointly
                                                                                                     allocated by the Ministry of Public Health        The CCSA’s meeting on November 1, 2021
                              30             26            21            23              2           and the Social Security Office.                   was informed of the guidelines for the
                              July         August       September      October       November                                                          allocation of remaining vaccines of each
       Myanmar             140,577        218,247        390,614       650,955        755,489        Documented migrant workers in Thailand            province to allocate to documented
                                                                                                     can register for Covid-19 vaccination             migrant workers and those who had not
                                                                                                     under Section 33 of the Social Security           registered according to the Department
       Cambodia             25,414         52,897        105,525       185,155        223,201        Act, while the workers who are not insured        of Disease Control. The meeting had a
                                                                                                     under the social security program can             recommendation for authorities to be
                                                                                                     register for a Covid-19 vaccine via the           careful when communicating with public
          Laos              16,039         28,705        60,167         98,130        115,927
                                                                                                     “Mor Prom” app and https://expatvac.              about vaccine allocation. The public
                                                                                                     consular.go.th/. The website, however, was        relations about the allocation must not
        The total          182,030        299,849       556,306        934,240       1,094,617       not applicable to foreign nationals with a        e n c o u r a g e m o r e m i g r a n t w o r ke r s
       numbers of                                                                                    non-immigrant (non-LA) visa. In October           s m u g g l i n g i n to t h e c o u n t r y fo r
        vaccinated                                                                                   2021, the “Vaccine Bang Sue” application          vaccination.
       people from                                                                                   was launched, so the foreigners could
      three nationals                                                                                register to be jabbed.                            However, the policy for undocumented
         The total         280,075        436,445        723,592      1,122,986      1,294,666                                                         migrant workers and followers remains
        number of                                                                                    As more Covid-19 vaccine supplies arrived         unclear. All the loopholes can be plugged
        vaccinated                                                                                   and covered all the target groups across          by the local administrations and civic
      people from all                                                                                the country, the Centre for Covid-19              organizations.
          foreign                                                                                    Situation Administration (CCSA) has
         nationals                                                                                   agreed to administer Covid-19 vaccine             In regard to registration process, the
                                                                                                     doses to both Thai and foreign nationals          insured migrant workers have to rely on
                        During early stage of the pandemic, migrant workers was not able to
                                                                                                     by October 2021 to speed up the                   their employers to register for the
                        access the vaccination due to insufficient supplies of vaccine and the
                                                                                                     inoculation drive. At least 50 percent of         vaccines, meaning the workers are prone
                        government’s mishandling of the vaccine procurement nationwide. Thus,
                                                                                                     the population living in each province will       to being left out. In addition, languages
                        when the Thai communities had not been fully covered, getting access to
                                                                                                     get vaccinated. According to the vaccine          of the migrant workers are not available
                        the vaccine was no easy task for migrant workers, especially those without
                                                                                                     distribution plan in November 2021, the           on the registration platforms, causing
                        documents. Moreover, the vaccine policy for migrant workers also varied
                                                                                                     government will allocate altogether 25            unnecessary hardships to the workers.
                        from one province to another, or one local authority to another.
20                                                                                                                 Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   21

       • Local Administration
              The central government has allowed local administrative bodies in                          Later, between September and October 2021, more allocations
              each province to design and implement the vaccine distribution plan                        of Covid-19 vaccine to migrant workers were found in different
              as they see suitable, thus making migrant workers living in different                      local authorities.
              provinces face different challenges while trying to get vaccinations.
              Mass vaccination for migrant workers started in July 2021 and more
                                                                                                            • The insured migrant workers in Bangkok were enti-
              related details are as follows:
                                                                                                            tled to a vaccine from the Social Security Office and
                   -1-                                  -2-                               -3-               could receive the vaccines at four vaccination service
     Migrant workers who              Migrant workers who work               In other areas, migrant        centers in the capital, while those whose employment
     lived in high-risk areas or      in tourism-hub areas that              workers who had                status remained unclear and pink-card holders could
     were classified as a high-       would open for foreign                 employers.                     register for the vaccines with the Chulabhorn Hospital.
     risk group,                      tourists.                              For instance, the Depart-
     Most local authorities had       Registration for Covid-19              ment of Employment in          • In Samut Sakhon, the so-called SakhonBOX was
     proactive vaccination            va c c i n a t i o n s h a d b e e n   Chiang Mai province con-       launched to administer the vaccine doses to first three
     p r o g r a m s fo r t h e s e   introduced. However, the               ducted the survey among        target groups of migrant workers, including those who
     groups, for example,             vaccination procedure varied           employers about the de-        are at the Factory Accommodation Isolation (FAI)
     workers at construction          from one area to another. For          mands for Covid-19 vac-        units, construction sites and those who joined the
     sites in Bangkok.                example, ahead of the Phuket           cine s among migrant           “Happy and Covid-free Fresh Markets” program.
                                      Sandbox tourism scheme,                workers and foreign em-        Other groups of migrant workers got their jabs at a
                                      launched on 1 July 2021, all           ployees in all business        later stage. Samut Sakhon Hospital then opened
                                      the target groups on the               activities in July 2021.       registration for Covid-19 vaccinations for migrant
                                      island, including both                                                workers or employer representatives who would take
                                      documented and undocu-                                                employees to the hospital to get their shots. However,
                                      mented migrant workers, had                                           only foreign workers who had pink cards and passports
                                      been vaccinated against                                               were eligible to register for inoculation. Pfizer vaccine
                                      Covid-19. Meanwhile, on Koh                                           doses were secured for migrant children aged between
                                      Phangan, only documented                                              12 – 18 and the register was open in October 2021.
                                      migrant workers had been
                                      given the vaccines prior to                                           • In Nonthaburi province, the project entitled “Nont
                                      the island’s reopening to                                             ASEAN” was launched to provide Covid-19 vaccines
                                      tourists on 15 July 2021.                                             to workers from Myanmar, Laos and Cambodia who
              For migrant workers without permanent employees, the difference of                            worked in the province. The vaccination took place in
              vaccination procedure may be found at district levels. According to an                        Bang Yai market between 20 – 22 September 2021.
              interview in August 2021 with pink-card holders who are not migrant
              workers and live in the Fang district, they were not allowed to register
              for Covid-19 vaccines with local authorities. All pink-card holders liv-
              ing in nearby districts, on the other hand, had been given the vaccines
              by local administrative bodies.
22                                                                                                                  Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   23

     The Bang Bua Thong municipal office also actively      In      conclusion,
     encouraged documented migrant workers and those        documented foreign work-             • Business Sector During the Covid-19 Situation
     who had ATK negative results to receive vaccine        ers and residents could get
     doses until September 17. A few months later, the      access to vaccine at the                  Employers, the Thai Chamber of Commerce and the Board of Trade
     Non Prom (‘Nonthaburi Ready’) platform was             local or provincial levels.               of Thailand have always called on the government to allocate
     created and launched in November 2021 to provide       Meanwhile, some local                     vaccines to both Thai and foreign workers. Some of their action
     jabs to 10,000 people, regardless of nationalities     authorities imposed                       items are as follows:
     and home address.                                      requirements regarding
                                                            workplaces or employers.                  1. Employers are allowed to               provincial level and many
     • In late October 2021, Hat Yai City Municipality      However, undocumented                     procure “alternative vaccines”            foundations have opened a
     encouraged people above the age of 12, including       or unregistered migrant                   through government channels.              special channel for
     foreign workers and residents to get COVID-19          w o r ke r s s t i l l fa c e d           For example, employers in the             registration. About 500
     vaccination. Those were eligible to a vaccine shot     obstacles on government’s                 fishery industry and the Samut            Myanmar nationals in Mae Sot
     must have a house registration certificate in the      vaccine quota.                            Sakhon Fisheries Club used                and Tha Sai Luat districts of
     municipality and the document must be certified by                                               money from their own budgets              Tak province received their first
     the house owner who rented out the property. For       In some areas, even though                to a c q u i r e “ S i n o p h a r m ”    doses of Sinopharm between
     migrant workers, work permits or pink cards must       mass vaccination program                  alternative COVID-19 vaccines             17 and 19 August 2021.
     be submitted along with business registration          for Covid-19 was officially               for 800 migrant workers. The
     certificates and employment certificates.              kicked off for all local                  first shots were given to the             4.Cooperation between
                                                            residents regardless of                   workers on 28 September 2021.             employers and government
     • Local administrative bodies in Ban Pong district,    their nationalities,                                                                agencies has led to the launch
     Ratchaburi province offered walk-in vaccination        discrimination was found                  2. Employers registered for               of a vaccine registration
     services for documented migrant workers between        in practices. One of the                  Covid-19 vaccines on behalf of            channel exclusively for specific
     27 – 28 September 2021                                 c a s e s , r e p o r t e d f ro m        their migrant workers with                busine ss e s. For example,
                                                            Chiang Mai, is that migrant               private hospitals. The workers            re staurant entrepreneurs
     • In Chiang Mai, the high rate of infection cases in   workers who registered for                must hold necessary                       cooperated with government
     November 2021 caused the local authority to            vaccines did not receive a                documents or passports.                   agencies to register their Thai
     actively allocate vaccination to migrant workers in    dose. Thai citizens, who                                                            and foreign employees for the
     high-risk areas, with the requirement that the         registered after the                      3 .T h e T h a i C h a m b e r o f        vaccination at Bang Sue Grand
     migrants must have employers or their workplace        workers did, jumped the                   Commerce, the Federation of               Station in Bangkok.
     assisting the process.                                 vaccine queue.                            Thai Industries at the
24                                                                                Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   25

     • Civic Organizations During the Covid-19 Situation

       The ambiguous status of some migrant workers limits their access to
       vaccines. Thus, civic organizations stepped in and worked closely with
       local health officials to close this loophole by specifically allocating
       vaccines to this group of migrants.

       In Bangkok, civic organizations joined hands with the Thai Red Cross
       Society in October 2021. Relief and Community Health Bureau, Thai
       Red Cross Society, cooperated with Migrant Working Group to search
       for migrant workers and stateless people who had not been
       vaccinated due to the regulations and laws. Both organizations
       received vaccines through donations and set up vaccination centers.
       This program aimed to prevent further Covid-19 spread among migrant
       workers.

       In Mae Sot district and Chiang Mai province, civic organizations worked
       with local health officials to arrange jab quota exclusively for migrant
       workers, including those without legal documents. Only identity cards
       issued by the Myanmar authorities that show the holder’s age were
       required.
26                                                                                                                               Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   27

                             3         Economic and Social Impacts of the
                                       Covid-19 Pandemic on Migrant Workers

     Migrant workers are one of the most vulnerable groups economically and socially. They
     find themselves living in limbo during the Covid-19 pandemic. The crisis has
     compounded the challenges the workers face from the pandemic and the government’s
     policies, pushing them into further vulnerability.

     Impact on Jobs and Income                                                                             Access to Service
                                                              workers were more fortunate than others
     The economy has been suffered from the                   since they live in dorms or had enough       While being quarantined, migrant workers         Unemployed migrant workers were eligible
     impacts of Covid-19, hitting jobs and                    food provided by their employers.            did not receive compensation. There were         to get compensation equal to half their
     w o r k i n g h o u r s a n d s h a r p ly r i s i n g   Factories were temporarily closed or must    small amounts of subsidy of accommo-             salaries if they had registered under
     unemployment in the country. The                         follow strict regulations from the local     dation and food incurred from quarantine.        Section 33 of the Social Security Act and
     economic slowdown due to the pandemic                    authorities when their workers tested        Migrant workers in the construction              had contributed to the social security fund
     has affected income sources of migrant                   positive for Covid-19. For small and         sectors are usually recruited under a            for at least six months. But they could not
     workers in all industries and services.                  medium-sized factories, salaries were cut,   contract and are not protected by                receive an additional compensation of
                                                              or employees were suspended from work.       Thailand’s Labour Protection Act.                2,000 Baht which Thai workers were given.
     Many of migrant workers in restaurants,                  Meanwhile, overtime was not paid to
     markets or grocery stores are usually paid               migrant workers at larger factories.         Furthermore, food, drinking water and            Another concern is that most documented
     on a daily basis while some of them have                                                              other basic supplies were not enough to          migrant workers who hold work permits
     to keep changing their employers.                        Despite a steady decrease in income,         support migrant workers during                   have not registered with the Social
     Busine ss premis e s that have been                      expenses remain unchanged or are even        quarantine or when they became jobless.          Security Office. This has made them at risk
     temporarily closed due to Covid-19 and                   up. There were some migrant workers who      The workers have also been made to live          of being deprived of social security
     the government’s related policies also                   must be quarantined in the                   in crowded and unhygienic                        benefits.
     stirred fears over the stability and wages               accommodation provided by their employ-      accommodation.
     among migrant workers. Some days, their                  ers, and they had to pay for the accommo-
     works were cancelled, and employers                      dation, meaning their rent fees were
     called them to inform of work schedule                   doubled. Workers also spent more money
     daily. The worst case was that some                      on the essentials in quarantine zone which
     migrant workers were laid off due to                     were sold at higher prices. The workers
     downsizing or even closing their business                had no choice but to follow the employers’
     operations. In some cases, some migrant                  instructions to avoid being fired.
28

                                                                                                                              Reproducing                                                             The first wave
                                                                                                                              Otherness
                                                                                                                                                                                                       1

     Social Impacts                                                                                                           During the first wave, it was    migrant workers were com-
                                                                                                                              found that Thai authorities      pletely not linked to the first
     In an interview with Help Without                            The pandemic has also drove up domestic                     reproducing the otherness of     wave of the outbreak.
     Frontiers, migrant workers’ children have                    violence in migrant workers’ families as a                  migrant workers for the sake
     been in dire need of education due to                        result of unemployment, stresses of                         of building public trust         In addition, the media also
     Covid-19. Learning centers have been shut                    falling household incomes and debt. The                     towards the government’s         reproduced the otherness of
     down due to the Covid-19 outbreak.                           MAP Foundation’s staffs claimed that                        administration on the            migrant workers through
     During the early stage of the pandemic,                      more migrant women fell victim to                           COVID-19 pandemic. There         discourses that portrayed
     teachers were still able to travel and teach                 domestic violence during the pandemic.                      were cases of an official page   Myanmar people as foes who
     in communities. However, the teachers                                                                                    of Thai authority saying that    threaten Thailand’s security
     could not cover all the centers and teach                    A staff from the Help Without Frontiers                     no Thai people were found        by bringing COVID-19 into
                                                                                                                                                                                                       2
     the same groups of students every day. As                    said Myanmar people were often being                        infected, but only foreign       the country. Some examples
     the coronavirus pandemic worsened, the                       labelled for spreading Covid-19. Local                      nationals in immigration         of news headlines found
     situation prompted the switch to online                      Thais have been quick to blame and                          detention centers. This          during that period include,
     learning. Migrant children, because of a                     stereotype migrant workers, leading to                      st at ement co nt ai ned a       “Historically, Burmese Army
     lack of equipment and technical glitches,                    reports of discrimination against them by                   happy tone to emphasize the      Sieged Krung Sri for 14
     were forced to study in group. Many of                       some businesses. For instance, local                        pureness of Thai nationals       months before Successfully
     them need to work with their parents to                      pharmacies refused to sell medicine to                      who were COVID-free while        Attacked. At Pre s ent,
     cope with insufficient income and were                       Myanmar children. Myanmar nationals                         foreigners were importers of     B u r m e s e O n ly Pa y Te n
     missing out on gaining an education. The                     standing in front of their own houses were                  the disease. It can be seen      Thousand Baht and Thais
     number of children who have already                          fined for not wearing face masks. In                        from the Facebook posts          would Pick Them up to the
     missed out on school increased by 15                         communitie s where a few infected                           uploaded by Center for           Destination (in Thailand).”,
     percent over the past two years. Also, an                    Myanmar workers were discovered, all                        COVID-19 Situation Adminis-      “We are Worried about the
     interview with the MAP Foundation, more                      Myanmar nationals living in the same                        tration (CCSA) on April 25,      COVID-19 War that Myanmar
                                                                                                                                                                                                       The second wave
     migrant children had no choice but to                        areas were quarantined in the same place.                   2020 (Picture 1) and on May      is Now Attacking Thailand.”,
     share the same electronic devices while                                                                                  4, 2020 (Picture 2).             and “Myanmar COVID has
     parents are unable to work at the same                                                                                                                    Already been Approached to
     time as either one of them had to stay                                                                                   During the second wave in        Our Capital”. Meanwhile, a
     home to look after their children.                                                                                       which Myanmar migrant            lo t o f T h a i n e t i z e n s ’ s
                                                                                                                              workers were the main            o p i n i o n s w e r e fo u n d
                                                                                                                              cluster of the outbreak, the     negative and violent. These
                                                                                                                              government emphasized            online opinions were stereo-
                                                                                                                              that the wave was “the new       t y p i c a l a n d o b v i o u s ly
     2    Besides, the coup in Myanmar has also affected access to education of Myanmar children living in Mae Sot.
                                                                                                                              outbreak” and implied that       contained hatred towards
     The learning centers normally had both the curriculum that allowed students to do equivalence test in Myanmar and also
     the curriculum that belonged to Myanmar’s non-formal education system. The coup could lead to uncertainty whether        the infections among             migrant workers
     students would get official certificates.
30                                                                                                           Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   31

     4
                      Migrant
                                                                                             There were many types of measures on COVID-19 controls towards
                      Wo r ke r s
                                                                                             workplaces which were as follows.
                      COV I D - 1 9                                                        Closure of the The provincial administration often ordered the temporary stop
                      Outbreak                      Residence and                          workplaces         of operation when workplaces had a lot of people infected. This
                      Prevention                    Workplace Control                                         measure was found most at Mae Sot district, Tak province.

                      Measures                      When a migrant-worker cluster was
                                                                                           Closure of         Worker camps were one of the sites that authorities and security
                                                                                           workers’ camps     officers controlled and limited movements of migrant workers.
     In coronavirus outbreak control,               discovered on 19 December 2020,                           These measures were adopted in Bangkok in the second wave and
     migrant workers have been often                Samut Sakhon province announced                           became stricture during the third wave of the pandemic.
     targeted for control and limitation of         the immediate closing of shrimp
                                                                                           Bubble and Seal    Bubble means letting the companies arrange workers’ traveling
     movement, whether in residential area,         market and Srimuang Apartment
                                                                                                              in order to limit workers inside residential areas and workspaces.
     in workplaces or in large scale level like     which migrant workers resided and
                                                                                                              Workers cannot visit anywhere else.
     a policy prohibiting migrant workers to        also put the barbed wire at the
                                                                                                              Seal means letting workers reside in their workplaces or the ac-
     travel across provinces. Implementa-           entrance of the apartment. After
                                                                                                              commodation in working areas only.
     tion of these measures are embedded            that, many similar measures were
                                                                                                              These measures began in Samut Sakhon province during the
     with discrimination as many                    adopted in the area of the virus
                                                                                                              second wave. In the third wave, this measure was applied to many
     implementations have been                      spreading among migrant workers.
                                                                                                              areas: Maesot district, Tak province, and Phuket province.
     exclusively enforced on migrant                For example, the closing of 7-storey
                                                                                           Factory            A factory becomes a place of isolation for infected workers with
     workers, either Bubble and Seal or             building and the Bangyai Central
                                                                                           Isolation          no symptoms, not an elder, and without health conditions.
     prohibiting foreign crews to dock.             Market in Bangyai district on 30
                                                    December 2020. Another case was        Factory            A factory becomes a quarantine place for workers who are high-
     When a migrant-worker cluster was              in Rayong in the middle of July 2021   Quarantine         risk groups,(who potentially exposed to infected people)
     fo u n d o n D e c e m b e r 1 9 , 2 0 2 0 .   in which military and administrative   Community          When a small company cannot host an isolation area, the isolation
     Samut       Sakhon         Provincial          staff with rifle s guarded the         Isolation          measure is used with other infected people in the community.
     Administration launched immediate              entrance of Wangburapha Mansion,
                                                                                           Factory            This model was initiated by Samut Sakhon province when there
     measures as follows (1) closure of             Pluakdaeng district , where migrant
                                                                                           Accommodation were not enough vaccines. This measure was to let enterprises
     shrimp market and Srimuang                     workers resided.
                                                                                           Isolation          had field hospitals inside the factory with more than 50 workers
     apartment (2) closure restaurants and                                                                    or with machines more than 50 horsepower. Beds in a field hos-
     entertainment centers (3) prohibiting                                                                    pital need to exceed 10% of workers.
     migrant workers from traveling to
                                                                                           Other measures     Phuket province released a lot of steps and measures to filter
     other provinces (4) applying Bubble
                                                                                                              workers from fishing vessels in order to prevent against bringing
     and Seal. The measures were taken
                                                                                                              COVID-19 to shore.
     down on March, 1 2021.
32                                                                                                              Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic               33

                                                                                    The similar measure was also found in other provinces as follows.
     No Movement of Migrant
     Workers Measure                                                                     Tak province                           Phuket province                        Chumphon province

                                                                                 Maesot district was hit                    There was an order at                     On 29 July 2021, there
          The measure of No Movement of Migrant Workers is a measure             severely during July                       the end of July 2021                      was an order of curfew
          that most targeted at migrant workers and is a nationality-based       2021. Tak provincial                       prohibiting migrant                       prohibiting migrant
          discrimination because Thai workers could still travel. To conduct     administration                             workers from travelling                   workers from going out-
          this measure, security institutions and police put on screening        announced the control                      in and out of Phuket                      side during 8 pm – 4 am
          blockades to forbid migrant workers to travel across provinces         of migrant workers’ and                    through every channel.                    unless they were sick or
          .                                                                      unregistered people’s                      The order was still                       working in shifts with
          This measure of prohibiting migrant workers from going in and          movement. They were                        active in September and                   employers’ documents.
          out of an outbreak area began in the second wave with the              fo r b i d d e n to g o i n g              October 2021 except for
          declaration from the Ministry of Labor and Samut Sakhon                outside during 8 pm to                     the traveling for certain                  Chantaburi province
          province which announced the forbiddance of going out of the           4 am except for workers                    reasons including
          province while Thai people could still travel when informed the        who had to work at that                    working, health and                       There was an order
          officials. When the COVID-19 situation became better, the              period. They could not                     official orders.                          prohibiting migrant
          measures were lessened by granting a movement for work or              travel to other                                                                      workers coming from
          fishery but still needed permission from officials and through         sub-district unless with                                                             o t h e r p r o v i n c e s. A
          many steps . The situation was similar in Kanchanaburi province        a significant reason and                                                             movement of agricul-
          with many steps and regulations for legal movement of migrant          with permission from                                                                 tural workers within the
          workers, construction sites, or cross province delivery. In Rayong,    sheriff. Also, they could                                                            province needed an
          there was also No Movement of Migrant Workers measure                  not travel in and out                                                                authorization3
          declared in December 2020.                                             Myanmar workers’
                                                                                 community . The order
          During the third wave, central government agencies started to          like this began in Mae-
          adopt No Movement of Migrant Workers measures and controlled           sot district and later
          their movement on 28 June 2021 with strict control over Bangkok,       expanded to Pobphra
          Nakorn Pathom, Nonthaburi, Pathum Thani, Samut Prakan,                 district, Maeramad
          Samut Sakhon, Pattani, Yala, Narathiwat, and Songkhla.                 district, and Thasong-
                                                                                 yang district. The
                                                                                 measures were kept
                                                                                 being extended.

                                                                                3 On August, 1, 37 Cambodian workers (31 men, 6 women) camped inside a fruit storehouse. After finishing work in Tha-
                                                                                mai district, security blockade forbidden against the employer’s will to move the workers to Pongnamron district which is
                                                                                in the same province.
34                                                                         Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   35

                       Practical Problems

     The measure of Migrant Workers’ Movement Control has many
     problems in practice which includes the followings.

     • When a worker was in isolation or in Factory Sandbox or Bubble
     and Seal, their children or adherents might not have someone to
     take care of. That might result in one adult worker needed to stop
     working in order to take care of them and had their income
     lessened.

     • In state-controlled isolation area, the burden of providence and
     basic items fell on the company’s owners while the owners were
     also facing economic difficulties. This problem resulted in limited
     food providence and basic items.

     • Most workers did not have enough food. They had to live in
     crowded area with not enough bathroom.

     • Bubble and Seal measure forced workers to buy food from the
     factory only, resulting in more expenses and no choice in food.

     • Measures were discriminatory. In the same companies, Thai
     workers were not treated the same way as migrant workers.

     • For several times, these measures lack human dignity e.g., using
     barbed wire or forcing workers to stay on fishing vessels.

     •  From an interview with MAP Foundation officer, the No
     Movement of Migrant Workers measure does not reflect reality
     that some migrant people have their families in another province.
     This measure distanced them and affected their mental health.
     Sometimes, it was also difficult for a migrant worker with ‘high-
     area identity card’ who had to travel for extending their permits
     or driving licenses in their hometown areas, as acquired by laws.
36                                                                                                        Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   37

     5         Migrant Worker Management
               during COVID-19
     Management of migrant workers were already complex and often ad hoc
     solutions through the mechanism of Cabinet Resolution. The only long-term
     policy was the importation of workers through MoU which requires coopera-
     tion with the country of origin. Nonetheless, COVID-19 situation has brought
     additional problems to migrant workers’ legal status as follows:

                        •     The official channel for bringing workers through     statuses or they were missed out from the system, even
                        MoU was not working because of border closure policy        though they had entered the country through lawful
                        since March 2020. That resulted in many workers who         channels.
                        already had a contract with employers in Thailand and
                        paid brokers’ fees had to stay in the country of origin     •     The job and income instability due to economic
                        indefinitely. In December 2020, it was reported that more   situation, as well as insufficient healthcare resources
                        than 60,000 Burmese workers were waiting to enter           during the severe COVID-19 spreading, caused some
                        Thailand legally but could not proceed the operations.      migrant workers manage to go home temporarily and
                                                                                    smuggle back to Thailand. This has affected their legal
                        •     The border closure policy had consequences.           status and documents.
                        Workers in neighboring countries who wanted to work in
                        Thailand had no choice but smuggling, resulting in a lot    •    There were some workers that had worked in Thai-
                        of migrant workers without legal status.                    land with legal status prior to the spread of COVID-19
                                                                                    pandemic, either through MoU mechanism from the
                        •    Because of economic situation during COVID-19,         country of origin or special MoU group according to the
                        some migrant workers were fired or could not find           August 20, 2019 Cabinet Resolution. These two groups’
                        permanent employers. That problematized their legal         work permits were almost expired or overdue.

                                                                                                                  In managing migrant workers during COVID-19, Thai
                                                                                                                  government emphasized on waiver measures or extending
                                                                                                                  the deadlines and regularization or giving legal statuses
                                                                                                                  to undocumented workers by using the original ad hoc
                                                                                                                  mechanism, the Cabinet Resolution. The importation of
                                                                                                                  workers through MoU was later considered because of
                                                                                                                  demands from private sector.
38                                                                                                                                        Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   39

     Waiver on Legal                   Waiver on migrant workers’ legal statuses is divided in
                                       two types which are
             Statuses of               • waiver for workers who had or used to have legal
     Migrant Workers                    statuses but the statuses had been ended by laws
                                       • waiver for illegal smuggling or undocumented migrants.

          4 August 2020 Cabinet Resolution               29 December 2020 Cabinet Resolution                          29 April 2021 Cabinet Resolution                          13 July 2021 Cabinet Resolution

     The first wave of COVID-19 resulted in legal      T h i s m e a s u r e w a i ve r e d w o r ke r s i n 3   This measure aimed to waiver fishery workers          This measure waivered migrant workers with
     migrant workers with their statuses almost        nationalities who had no legal documents or               in the article 83 to request the extension of         legal status but their permission had ended
     expired or exempt from the system. As a result,   irregularly enter Thailand. These groups could            their Seabook and extend their work period            and workers who had been waivered before.
     these 4 groups need to renew their work           work in Thailand until February 2023 without              not more than one year after their former book        They could request work permission to
     permits.                                          Visa but they needed a pink card and were                 expires. The reason behind that was workers           continue working in Thailand. The employee
     1.    Migrant workers who entered Thailand        unable to go to another province without au-              could not return to their home country and            searching period was extended from 30 days
     with MoU agreement and finished their terms       thority’s permission.                                     reapply for a work permission. As such, the           to 60 days. The target groups of this measure
     of 4 years’ employment.                                                                                     crucial condition was that they stayed in             were as follows.
     2.   Migrant workers who had passed Nation-       The registration process began on 15 January              Thailand.                                             1. The group according to Cabinet Resolution
     ality Verification process and had documents      2021. The total number of registrations was                                                                     of 20 August 2019 could stay in Thailand until
     in which their work permits expired during 30     650,000. However, there were problems with                                                                      13 February 2023 after having processed.
     September 2019 – 30 June 2020 but did not         COVID-19 testing and identity data collection.                                                                  2. The group according to Cabinet Resolution
     proceed the August 20, 2019 Cabinet               Healthcare centers could not conduct their                                                                      of 4 August 2020 was extended to stay in
     Resolution.                                       health check-up and COVID-19 because of the                                                                     Thailand until 13 February 2023 and was
     3. Migrant workers who had entered Thailand       outbreak. That resulted in more Cabinet                                                                         exempt from a condition of changing
     through MoU but then conditioned to be out        Re solutions to extend the proce ssing                                                                          employees, as required in the article 51, and
     of the system e.g. quitting former employer       timeframe twice.                                                                                                their new employees did not have to pay for
     and could not find a new one on time.             1. 7 April 2021 Cabinet Resolution extends                                                                      insurance, as required in the article 52.
     4. Migrant workers who worked at the border       the COVID-19 testing process and identity data                                                                  3.    The group that their 4-years MoU term
     areas using a border pass and finished their      collection until 16 June 2021. Workers could                                                                    had complete (1 November 2020 – 31 Decem-
     terms of employment.                              register for their background recods until 31                                                                   ber 2021) was waivered to stay in Thailand
                                                       March 2022.                                                                                                     until 1 August 2022 and could extend their
     After having implemented, the first three         2. 8 June 2021 Cabinet Resolution extends                                                                       Visa not exceeding 2 years.
     groups would get a pink card and be permitted     processes of COVID-19 testing, issuing health                                                                   4.    The group that their 2-years MoU term
     to work in Thailand until 30 March 2022. The      insurance, and applying for work permits until                                                                  had complete (1 January 2021 – 3 August
     workers in the border areas needed to apply       13 September 2021.                                                                                              2021) was extended their stay to 6 months for
     for authority’s permission every 3 months and                                                                                                                     health check-up and visa extension.
     were allowed to work until 31 March 2022.
40                                                                                                        Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic   41

          13 July 2021 Cabinet Resolution (cont.)        28 September 2021 Cabinet Resolution

     5.       The group that their work permission    This measure waivered workers with 3 nation-
     terminated by laws (except for the group         alities residing in Thailand and in prior to this
     protected by the Cabinet Resolution of 29        was working without a permission. They could
     December 2020) could stay in Thailand until      apply for work permits and would be
     13 February 2023 after having processed. This    authorized to work until 13 February 2023.
     group covered:                                   This measure was raised by the Ministry of
     -        MoU workers and a group under the       Labor which found that migrant workers mas-
     Cabinet Resolution of 20 August 2019 with        sively worked in Bangkok, suburban areas and
     their work permits terminated due to inability   other industrial provinces.
     to change employees or to extend their work
     permits on time.                                 The waiver of migrant workers’ statuses was
     -        A group under Cabinet Resolution of 4   in accordance with the company or factory
     August 2020 with their work permits canceled     inspection measure conducted by the Ministry
     because of changing employees process or         of Labor. Such measure aimed for public
     being unable to extend their work permits.       health advice and surveying undocumented
     -        Adherents of a group under Cabinet      migrant workers. It was an inspection without
     Resolution of 20 August 2019 and Cabinet         a search warrant. The employers or the
     Resolution of 4 August 2020 which were 18        companies would not be charged if they then
     years old and more.                              registered their existing undocumented
                                                      workers.

                                                      To execute that, the Ministry of Labor issued
                                                      an announcement, and it was effective since
                                                      1 November 2021. Also, there was an
                                                      announcement of the Ministry of Interior
                                                      permitting migrant workers to stay in the
                                                      Kingdom.
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