LEGAL STATUS OF THE MYANMAR MIGRANT WORKERS IN THAILAND: THE EXPERIENCE OF WORKERS FROM MON AND KAREN STATES IN THAILAND

Abstract

Myanmar’s unfavorable business environment leads to difficulties for its citizens, especially in rural regions, to find a job with a stable income. To fulfill basic needs for their families, many people from Myanmar cross the border to find a job in the rapidly modernizing neighboring country of Thailand where the salary for unskilled laborers is higher than that of white-collar workers in Myanmar. Thailand hosts the largest number of Myanmar migrant workers. Because of the unfamiliarity of the migration process and, the time and efforts it takes, most of them enter into Thailand illegally and work without proper documents. Even those who cross the border and work legally sometimes end up as illegal workers due to various circumstances, including because they are not able to move between jobs without the employer’s consent. As a result, a large percentage of these workers in Thailand cannot enjoy most of the rights provided for under Thai Laws and under International Human Rights Law. The purpose of this research is to identify ways for the Myanmar migrant workers in Thailand to be able to fully enjoy the rights to which they are entitled. By first providing a thorough review of the existing laws and regulations relating to migrant workers domestically and internationally and then analyzing the current situation of Myanmar migrant workers in Thailand through interviews, this study aims to explore what can be done by the Myanmar government to reduce and eventually eliminate irregular migration to Thailand and to ensure that those working in the country are in a regular situation. The study also points out the importance of informing migrants about the existing process to migrate regularly to Thailand.