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 Migrant Working Group 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
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
6 7 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)
8 Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic 9 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
10 Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic 11 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)
12 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.
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.
16 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.
18 Situation on Migrant Workers and Border Crossing During the Covid-19 Pandemic 19 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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