HEADLINES
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NEWS ON MIGRANTS
Cheating the system
Long-standing problems
NEWS ON REFUGEES
Karen IDPs Face Food Crisis: KHRG
Germany donates $430,000 for Rohingya relief in Bangladesh
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NEWS ON MIGRANTS
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Cheating the system
18/10/2009 at 12:00 AM
Despite a new nationality verification programme, Thailand’s immigrant workers still face problems trying to stay legal
Earlier this year, a colourful leaflet written in Burmese script, began circulating in Samut Sakhon, Mae Sot, Rayong and migrant communities all over Thailand.
The leaflet, prepared by the Burmese government with assistance and funding from international organisations, provided instructions for Burmese migrant workers on how to become legalised after verifying their nationality. It pictured three new centres in Burma where, from July 15, workers could receive temporary passports that allow them to apply for work permits in Thailand, and ultimately receive the same benefits and protection as Thai workers. Expenses, it said, would be only 3,000 kyats (100 baht).
The front flap of the cover was stamped with a Burmese police logo and promised that the process will involve “No Arresting, No stop/check, No Tax”.
To the many the pamphlet was targeting, the programme sounded too good to be true. And in many ways, though perhaps not in the ways they were expecting, they’ve been right.
The Labour Ministry has set Feb 28, 2010, as the deadline for nationality verification for all workers (1.2 million are eligible). Those that are unverified at that point are theoretically subject to arrest and deportation.
Yet more than three months into the process, only 2,000 Burmese migrants have had their nationality verified. Burmese nationality verification centres say they are now processing 200 people per day on average (the capacity for the three centres is said to be 1,000 per day), a rate that many advocates have pointed out will legalise Thailand’s Burmese migrant population only after a number of years.
But the policy has been panned by international organisations and migrant advocacy groups for being complicated, costly, time-consuming, non-transparent, insensitive, under-publicised and not fully explained to migrant workers.
“It’s a train wreck,” says Philip Robertson, the technical adviser on migration and workers’ rights for the South East Asian Refugee Community Home, and a seasoned expert on migration policies in the Asean region.
While most believe the nationality verification effort was borne of good intentions and is, in theory, a step towards better management of a growing migrant population, observers charge the programme has become a seriously-flawed policy, and at worst, a corrupt and insincere “paper exercise” designed to exploit the country’s migrant workers.
The process has drawn the watchful eye of the United Nations Inter-agency Project on Human Trafficking (Uniap) and enough concern that the UN Special Rapporteur on the Human Rights of Migrants was petitioned by a number of migrant advocacy groups in September. The Special Rapporteur requested an investigatory visit, which Thailand has denied.
Though only a tiny fraction of Thailand’s migrant workers have been through the process, there is already abundant evidence to bear out the concerns.
Aung, a 26-year-old worker who has been in Thailand for 10 years, is one of the 2,000 Burmese migrants who has had his nationality verified.
He received his temporary passport on Aug 18, and spent 6,450 baht in the process – 100 baht for his passport in Burma, 2,000 baht for a visa for Thailand and the remainder for services provided by a company called CEO Enterprise.
Among CEO Enterprise’s services were a 250 baht plastic membership card (much like a gym ID), submission of personal documents to the Department of Employment (DoE) and a bus ride to and from the nationality verification centre in Tachilek.
His work permit will cost him an additional 3,800 baht, and he will be a legal worker after spending a total of 10,250 baht. He also paid 3,800 baht earlier this year, to extend his visa.
Like many in Samut Sakhon, he earns less than 200 baht a day, and his employer is deducting the cost of these fees from his wages at a rate of 2,000 baht every 50 days.
Yet, the cost to Aung turns out to have been a relative bargain.
The price at the Thai-Myanmar Development Cooperation Company, another nationality verification service provider, is 7,300 baht, while CEO Enterprise has been known to charge varying rates (it would not disclose its price when contacted by Spectrum). Aung’s sister was asked to pay 12,000 baht. Others, according to the Human Rights Development Foundation (HRDF) and Rak Thai Foundation, have been charged up to 15,000 baht.
CEO Enterprise, the Thai-Myanmar Development Cooperation Company and NIK Global were endorsed by the DoE as registered companies with Thailand’s Ministry of Commerce to assist in the nationality verification process. The DoE issued the endorsement after the Burmese Embassy asked about the legalities of the service providers.
In some provinces, workers have been told by DoE employees they must use one of the brokers; in others, that the brokers will expedite the process.
The swift and non-transparent entrance of these three companies into the process in which there are 1.2 million potential clients has made observers suspicious. Some of the firms have connections to military and former labour ministry officials, according to human rights workers and employers familiar with the process.
The steep fees being charged by the three has exacerbated those concerns, and earlier this week provoked a demand from Burmese officials – NGOs have been making similar demands for weeks – for regulation of the companies and a price cap of 1,000 baht.
In a news release last Tuesday, the DoE said the companies would be regulated and their prices capped at 4,000 baht.
“Any time third parties are involved, costs go up, and ultimately those costs are paid by the migrant,” says Federico Soda, a regional programme development officer with the International Organisation for Migration, who points out that the current costs of nationality verification through a broker service and a work permit amounts in some cases to four months’ salary of a migrant worker earning the minimum wage (4,000 baht per month, but many make less). Without a broker, it costs about two months’ wages. In either case, “it’s too expensive”, he said.
There have been other cost irregularities. The DoE says the price of the Thai visa will be reduced from 2,000 to 500 baht – what Cambodian and Lao workers are charged. But it is unclear when this will happen, why Burmese migrant workers are charged more, or if they will be reimbursed. There is also the problem of unregistered brokers recently entering the business and in some cases, disappearing with workers’ money.
An employer in the seafood industry in Samut Sakhon who did not wish to be identified says the system is mired in corruption. Knowing the inflated prices of the brokers’ services, the employer chose to register the factory’s thousands of migrant employees without using a broker.
When the employer took the applications to the Samut Sakhon employment office, the employer was told that it was not the company’s scheduled day for submissions. The company had never been informed there was a schedule. Only after paying a fee, were the applications accepted. The employer also says that influential factories in the area have managed to pay a fee to have their workers exempted from the process.
An official with Thailand’s Department of Labour Protection and Welfare (DLPW) conceded corruption was a problem in the process and there were investigations underway.
Mr Robertson says: “Brokers exist because the system doesn’t work – it’s so complicated that employers have no choice but to outsource the task to a third party.” He adds that in the region, foreign labour recruitment and servicing has “always been seen as a business opportunity for well-connected elites”.
Yet there is also evidence that the nationality verification business has not been the boon many were expecting.
The day I visited, the brand new Samut Sakhon branch of the Thai-Myanmar Development Cooperation Company was empty, aside from its 12 staff and a few workmen installing light fixtures.
Employees were busying themselves, creating information boards with photographs showing the company’s success stories.
A Thai staff member explained the company helped Burmese workers get passports. He explained they charged 7,300 baht for “full service”, which is a vague package that includes “transportation, food and other services”.
He admitted that their first two months in the business had been tough.
The office had seen only about 200 applicants, only 29 of whom had been approved and sent by bus to the border to obtain their temporary passports.
Business had been dampened by widespread rumours, fear and ignorance of the process, he explained.
This, by all accounts, is true, and is due in large part to the lack of foresight that was given to implementing and communicating the policy, as well as a lack of consideration for those most affected by it.
Where nationality verification takes place has been a contentious issue – this was the point that prevented agreement until last year, when Thailand conceded and reportedly funded the border centres and provided computers for the Burmese officials.
The Burmese reportedly feared centres based in Thailand would be targeted by political groups, even though travel to Burma is costly, inconvenient and time consuming for migrants and their employers.
The trip for many migrants – notably those from ethnic minorities that in the past have been terrorised by Burmese authorities through forced labour, displacement or worse – is also unnerving.
The nationality verification process, which requires submission of personal and family details to Burmese authorities, has stirred suspicions that such information is being collected for more sinister purposes. Many also suspect that the urgent implementation of the process before an election year is not a coincidence.
Rumours are widespread within migrant communities that Burmese authorities are physically threatening and/or extorting money from the families of applicants. There are also stories circulating that busloads of applicants have been arrested at the border and taken to Insein prison.
While many advocates admit such behaviour would not be out of keeping for Burma’s military junta, they caution, that, despite much effort to do so, none of the stories have been substantiated. Many suspect political opposition groups and people traffickers who have made large sums of money smuggling and extorting illegal Burmese workers over the years are spreading the stories.
Even so, fear persists. Many migrant workers receive phone calls from their families in Burma, pressing them not to go through with nationality verification for fears over their safety. The majority of the migrants interviewed for this story either refused to complete a nationality verification application or, if forced to do so by their employer, submitted false information.
The official with DLPW said half the applications that had been received had incorrect information. In those cases, the applications are sent back to employers, who ask workers to correct the forms.
Advocates stress that disinformation has flourished, largely because the process has not been clearly explained. Aside from the leaflet produced by international organisations on behalf of the Burmese government, there has been no formal information to help migrant workers.
The Thai government’s public relations effort was limited to alerting employers of the policy and asking them to inform and distribute nationality verification forms to workers.
There seems to have been little awareness that minority ethnic groups persecuted by the regime would not want to be labelled ”Burmese” or in fact that some may not be given such a status. Muslims from Burma, such as the Rohingya, are excluded from the process.
In focus groups conducted by the HRDF with 80 workers from Chiang Mai, Bangkok and Samut Sakhon, lack of awareness of, and a lack of trust in the national verification process, was prevalent. For instance, they were unaware whether they had to verify their nationality, the costs involved, what benefits it would bring and what the consequences would be if they did not.
”I don’t understand anything about this issue. It’s like they are ordering us to go into a cave, but we don’t know what’s inside. Is it dangerous?” asked one man.
While some in the focus group had sworn off the process _ including a woman who makes 110 baht a day and finds it far too expensive, and a man who believed it was simply a disingenuous ploy to win votes in the upcoming election _ most migrants interviewed seemed to be at various stages of weighing up the personal costs, benefits and risks. There are reports that the process has driven workers home to Burma and to seek refugee cards in Malaysia, though most observers doubt there will be significant migrations, because those journeys are also costly.
Mr Soda of the International Organisation for Migration concedes the process puts migrants in a difficult position. ”If migrants do not accept these conditions, they risk being dismissed by their employers. Migrants will be assessing the cost of the process, versus the benefits.”
How robust those benefits will be is also being questioned. While most observers agree that it should improve the legal status of workers, they are also quick to point out that it won’t necessarily improve workers’ rights.
”It’s a thin layer of protection,” says Paul Buckley of Uniap, noting that the longstanding problems of employers holding on to the passports of workers they fear would otherwise run away, will likely continue.
”This happens with documented Cambodians and Laos,” says Mr Soda. ”Even when they go through the proper channels. Suddenly they have this precious piece of ID. It cost a lot, it took time and employers will still withhold it and they’ll still have debts to pay. That won’t go away.”
Mr Robertson advocates a system in which workers are registered independently and allowed to change employers freely. ”This would force good practices and place an upward pressure on standards.”
Others suggested solutions include reducing the costs, extending the time period (which everyone I spoke to called ”impossible”), eliminating third-party brokers, moving jlnationality verification to Thailand and better educating migrants and employers on the process.
There are signs some of these doubts are starting to receive attention. The MoL has tinkered with the policy in recent weeks, extending the programme to workers’ children and vowing to regulate the nationality verification brokers.
While these are improvements, observers are concerned by the failure of both governments involved to acknowledge the migrants’ security concerns. ”There is no easy solution. Thailand is dealing with one of the most difficult migration flows in the region, and probably beyond. It’s a process which is virtually impossible to implement without a proper structure on the other side. Thailand often benefits from these workers, but it’s not always easy,” says Mr Soda.
As for the few who have been through the process, they seem to be happy, if considerably poorer. Aung is proud, and quick to show off his passport. In the two months since he obtained it, he’s returned to Burma three times. He enjoyed the easy passage through the provinces and crossing the border, these times, without the smuggling fees.
The DoE did not respond in time for publication of this article.
http://bangkokpost.com/news/investigation/25873/cheating-the-system
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Long-standing problems
18/10/2009 at 12:00 AM
Thailand’s Burmese migrant community, estimated to number two to three million, comprises a number of ethnic groups. Among these migrants are few who have passports, and many who left their native land bankrupt and broken by years of physical and economic persecution.
Some have no identification, and some, like the Rohingya, are simply denied that they ever lived in Burma at all.
For years, Thailand has attempted to formalise a process to import workers from Burma, and to legalise those already here. Thai and Burmese officials signed a memorandum of understanding to do so in 2003, but the governments were unable to reach agreement on the process until last year, when it was settled that verification of the nationality of workers – the key to legalisation, since so few migrant workers have passports – would take place in Burmese territory.
Similar agreements with Cambodia and Laos were also agreed in 2003, and have been in effect for several years, with all activities taking place in Thai territory.
The process, as outlined in the Operational Manual for Burmese Nationality Verification published by Thailand’s Department of Employment, involves 13 different steps and actions to be taken by at least six separate Thai and Burmese governmental agencies.
Basically, a worker is required to submit personal information, which is passed from the provincial Employment Office to the Ministry of Foreign Affairs, and then to officials in Burma for verification and approval.
Once approval is received, the employer is notified that the worker (accompanied by their employer or an appointed substitute) may travel to one of the three border centres to obtain a temporary passport, which permits them to return to Thailand to acquire a visa and obtain a work permit, which is valid for two years and renewable for a period of four years.
Theoretically, under this new system, migrants will have more freedom and protection – they will be allowed to travel around the country freely (as opposed to being restricted to a single province), apply for a motorbike licence and be granted access to the Social Security Office’s workers’ compensation fund.
http://bangkokpost.com/news/investigation/25874/long-standing-problems
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NEWS ON REFUGEES
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Karen IDPs Face Food Crisis: KHRG
By ALEX ELLGEE Friday, October 16, 2009
MAE SOT—Displaced villagers in Papun District in northern Karen State are facing the worst food shortage in over a decade as a result of the consistent Burmese government army presence in the area over the last four years.
According to a report titled “Starving Them Out,” released on Thursday by the Thailand-based Karen Human Rights Group (KHRG), villagers in certain areas in Papun District report that they do not expect to survive for more than a few months on this year’s rice crop, which is due to be harvested this month.
In a recent report, the Thailand Burma Border Consortium, an umbrella group of humanitarian agencies, estimated there are currently more than 450,000 internally displaced people (IDPs) in eastern Burma, with more than 100,000 IDPs in Karen State alone.
The humanitarian crisis has been exacerbated in recent years by continuous fighting in the region between the rebel Karen National Union (KNU) and a joint force of troops from the ruling State Peace and Development Council (SPDC) and the Democratic Karen Buddhist Army (DKBA).
“This situation is so bad in the SPDC/ DKBA controlled areas that to escape the forced labor and violence, the villagers hide in the jungle,” Saw Poe Shan, the head researcher for the KHRG, told The Irrawaddy.
“Now the situation is dire for the villagers who are hiding and they are facing a serious food shortage in the coming months, but they refuse to go back to the SPDC-DKBA controlled areas. As a result, it is expected that we will see many villagers starving to death in the jungle,” he said
In November 2005, these villagers were forced into hiding when SPDC troops began trying to take control of the region and moving thousands of villagers into military-controlled areas.
Prior to 2006 the offensives were cyclical and government forces would retreat during the rainy season (June – Oct). In the past few years however, the SPDC battalions have been able to establish bases and supply routes in Karen State and remain in the jungle all year round.
The last time the villagers faced such a severe crisis was in 1997 when SPDC troops launched a major offensive, the report said, adding that the crisis is worse now as the army is not only attacking villagers but controlling more areas and patrolling near the IDPs’ makeshift camps.
As a result of the continual army presence, agricultural cycles have been severely disrupted as villagers are unable to tend to their farms during the rainy season causing them to miss crucial stages in the planting season and leave their crops vulnerable to destruction and disease.
“Many of us can’t get enough rice,” a 51-year-old villager told the KHRG. “Almost everyone has finished their store of rice. There are some who can only continue one month longer. There’s no way to get enough food for the whole year.”
Many of the villagers are scared to return to their farms because of abuse by the SPDC troops who have reportedly shot villagers on sight in the past.
“The places we stay now are not good for growing rice. We don’t dare go and look for food freely because of the SPDC. If we go somewhere and we meet with them [the SPDC], they shoot us,” a Karen villager said.
SPDC activity was reported to have decreased between December 2008 and May 2009, but villagers were said to be too afraid to return to their farms.
The situation is getting worse as the number of IDPs increases and the SPDC/ DKBA expand their control of the area, leaving less land per family and causing soil nutrients to deplete fast. On top of that, villagers report that the recent weather has been so bad it is unsuitable for paddy cultivation.
Villagers who remain in the SPDC-controlled areas are restricted to carrying around only one tin of rice each—a government-imposed measure to prevent IDPs in hiding from buying food from them.
“The Burma Army is, in other words, starving out villagers who remain in hiding,” the KHRG report claims.
The report highlights an increased vulnerability to sickness and disease as a direct result of the food shortage. In September, a flu-like illness swept through seven villages in the area, affecting children in particular.
For those who remain in the SPDC-controlled areas, abuses remain rampant.
Villagers report being placed under stringent travel restrictions and curfews, sometimes being banned from leaving their villages for weeks at a time, severely disrupting their ability to farm.
The report says that by breaking the curfew to cultivate land, villagers risk being labeled KNU supporters and punishments can be as severe as execution.
In one village, a 35-year-old man was reportedly accused of helping the KLNA (the KNU’s military wing) when he was found farming his betel nut plantation. He was shot dead by DKBA soldiers, the report says.
According to KHRG, arbitrary violence remains rampant and levels of taxing and looting are on the rise. DKBA soldiers regularly come to villages demanding food and “porter fees,” which villagers must pay to avoid being forced to work as porters.
The ongoing problem of landmines continues to worsen as DKBA soldiers are reportedly laying an increasing number of landmines in the region, especially in civilian areas. According to the report, the DKBA fail to inform the villagers where the landmines are, and as a result, civilians and animals are being killed and maimed.
Many areas in Papun District remain out of the reach of aid agencies based in Rangoon who are not permitted to travel to the region. In response to the situation, Refugee International said: “Cross-border assistance remains a vital tool in meeting the humanitarian needs of displaced Burmese who cannot safely reach Thailand.”
Over the last month, DKBA and SPDC forces have surged into the KNLA’s 5th and 6th brigades—in northern and southern Karen State respectively—reportedly in preparation for a strike in the coming dry season.
http://irrawaddy.org/article.php?art_id=17007&page=2
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Germany donates $430,000 for Rohingya relief in Bangladesh
by Siddique Islam Saturday, 17 October 2009 22:05
Dhaka (Mizzima) – Germany has pledged US$ 431,655 to the United Nations High Commissioner for Refugees (UNHCR) mainly for Rohingya refugee relief work in Bangladesh.
The aid is meant to improve the situation of Rohingya refugees of Burma, officially known as Myanmar, in the Cox’s Bazaar camps as well as improving the infrastructure of schools outside the camps to benefit Bangladeshi children in the coastal district, according to an announcement in the capital, Dhaka.
At the same time, Gunter Nooke, Commissioner for Human Rights Policy and Humanitarian Aid at the Federal Foreign Office of Germany, visited Bangladesh along with human rights ambassadors from Denmark and the Netherlands.
On October 13, the delegation visited Kutupalong refugee camp near Cox’s Bazaar and met government officials, UN agencies, non-governmental organization (NGOs) and the refugees.
“The government in Dhaka is tackling the major challenges with regard to respect for and protection of human rights. We want to encourage the government in this endeavour,” Commissioner Nooke said in a statement before embarking on the trip.
Saber Azam, UNHCR representative in Bangladesh, said, “We are extremely grateful for this contribution. It is critical that we not only support refugees in the camps but also the Bangladeshi community, who have been hosting refugees for almost two decades and who are also in need of assistance.”
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http://www.nmg-news.com/nmg/news161009b.html
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http://moemaka.com/index.php?option=com_content&task=view&id=4940&Itemid=1
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Fri 16 Oct 2009, ??????????
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http://www.monnews-imna.com/burmese/newsupdate.php?ID=486
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2009-10-18
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??????? ????????????????? ??????? ????????????? ????????? ?????????? ??????????????? ??????? ???????? ?????????? ?????????????????????????????????? ????????????????????? ??? Steve ? ?????????? ?????? ????????????????? ????????????????? ????????? ???????? ????????????????? ?????????
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??? Steve ? ?“?????? ??????????????????? ??????????? ??????????? ?????????????????????????? ????????????? ???????? ????????????????????? ??????????????? ??????? ????? ???????????????? ?????????????????? ????????????????????? ?????????? ??????????????????? ???????? ??????????? ??? ????? ?????????????? ???????????”
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http://www.rfa.org/burmese/news/Karen_IDP_faced_food_insufficiency-10182009125252.html
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