Schulz, K. (2012) An Assessment of the Effectiveness of Protection Mechanisms for Migrant Fishermen From Myanmar in Thailand: A Case Study from Samut Sakhon Province

Title: An Assessment of the Effectiveness of Protection Mechanisms for Migrant Fishermen From Myanmar in Thailand: A Case Study from Samut Sakhon Province

Author: Kelly Glenn Schulz

Year: 2012

Keywords: HUMAN TRAFFICKING / LABOR EXPLOITATION / HUMAN SECURITY / MIGRATION / MIGRANT WORKERS / FISHERMEN / MYANMAR

Download PDF of Abstract: English Thai

Abstract:

The issue of trafficking in persons for the purposes of labor exploitation is growing phenomenon amongst migrant workers from Myanmar who are working in Thailand's commercial fishing industry. Along with the development of the ASEAN Economic Community (AEC) and the opening up of cross-border trade and work flows, this problem can only be expected to continue grow so long as the root causes remain unaddressed.

Attempts have been made in order to understand the methods by which this form of human trafficking and exploitation takes place. However, little research has been done to understand the structural system of protection mechanisms that have been put in place to try and prevent these violations of human rights and security from occurring in the first place. This thesis project examines the various government and community-based protection mechanisms in Thailand by determining which mechanisms are most successful in upholding the fundamental labor and human rights of these migrant fishermen and which ones are in greatest need of correction.

This research project was able to uncover several new findings that shed light onto the specific situation of migrant fishermen in Samut Sakhon and the nature of the system of mechanisms that are available for their protection. It was found that the twenty-one migrant fishermen interviewed in this study faced human rights abuses and labor violations such as: not receiving the full payment of their wages, being physically and mentally abused through the use of threats as well as violence from their boat captains and employers, prevented from receiving access to medical treatment or to an appropriate compensation for that treatment, not being allowed to leave the fishing boats, being restricted to move around while on land, and being caught in situations of illegal debt bondage. A special case study of a lone migrant fisherman is used in order to reveal how the simple awareness of one's rights as a migrant worker in Thailand can lead to many years of successful protection from this kind of labor exploitation.

In addition, this paper also analyzes the perspectives of representatives from the Royal Thai Government, fishery associations, as well as from local NGOs and community-based organizations in order to determine the strengths and weaknesses of their provided protection mechanisms.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BANGKOK CAMBODIA CASE STUDY CHIN CIVIL SOCIETY COASTAL GOVERNANCE COMMUNITY COMMUNITY FISHERIES CORPORATE SOCIAL RESPONSIBILITY DECENTRALIZATION DESECURITIZATION DEVELOPMENT DOMESTIC WORKERS EX-KMT REFUGEES FRONTIER GOVERNANCE FACTORS HUMAN RIGHTS HUMAN SECURITY HUMAN TRAFFICKING IMPLEMENTATION INDONESIA INTEGRATED COASTAL MANAGEMENT INTERNATIONAL-TRANSFORMATION LIVELIHOOD MALAYSIA MIGRATION MYANMAR NETWORK THEORY NORTHERN THAILAND POST COLD WAR ASIA POVERTY REDUCTION REINTEGRATION RESISTANCE RIGHTS-BASED APPROACH SEASONAL LABOUR MIGRATION SECURITIZATION SOCIAL MOVEMENT SPEECH ACT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI BERRY PICKERS THAILAND THAINESS TONLE SAP LAK UDD

Moolma, S. (2011) U.S. Resettlement for Displaced Persons from Myanmar: Protection in a Protracted Refugee Situation in Mae La Shelter

Title: U.S. Resettlement for Displaced Persons from Myanmar: Protection in a Protracted Refugee Situation in Mae La Shelter

Author: Sarinya Moolma

Year: 2011

Keywords: DISPLACED PERSONS/ DURABLE SOLUTIONS/ RESETTLEMENT/ BURMESE REFUGEES

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Abstract:

The objectives of international refugee regime are to provide the three durable solutions for refugees in an attempt to end the cycle of displacement: voluntary repatriation, local integration, and third country resettlement. In case the voluntary repatriation and local integration are not viable options for those in exile, the UNHCR in collaboration with NGOs would seek another approach to protect the lives of refugees, and therefore the third country resettlement would be preferred.

In case of Thailand, the Burmese refugees have sought asylum in the refugee camps along the border for over two decades. The problem of Burmese refugees is recognized by UNHCR as one of the protracted refugee situations. Put another way, the prolonged existence of Burmese refugees in Thailand is now at the crossroad because Burma remains in the middle of internal conflicts, while Thailand, as country of asylum, finds difficult to cope with the refugee flows. Meanwhile, USA is one of the developed countries that are supporting international programs to alleviate the protracted refugee situations. Hence this thesis examines the United States Refugee Admission Program as the tool to resolve the protracted situation Of Burmese displaced persons because the program provides the greater number of refugee admissions. The site selection is in Mae La temporary shelter, the largest shelter in Thailand with the largest number of departures to the third country resettlement.

After the US resettlement process has begun in 2005, the program has brought new homes to a number of Burmese refugees from protracted displacement. From this study, it reveals that US resettlement is a suitable durable solution for the time being. But the gap could be found from the selection criteria as security check on individual is time-consuming, the fraud application, and that the unregistered refugees are excluded in the process. Nevertheless, the US resettlement is the first and only durable solution to address the protracted situation of Burmese refugees in Thailand. The cooperative resettlement program would lead to the positive change in long term.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER CIVIL SOCIETY COASTAL GOVERNANCE COMMUNITY CORPORATE SOCIAL RESPONSIBILITY CURRENT EDUCATION IN THE CAMP DEMOCRATIZATION DEVELOPMENT DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE GOVERNANCE FACTORS HIGHER EDUCATION HUMANITARIAN ASSISTANCE HUMAN TRAFFICKING ICM IMPLEMENTATION INDONESIA INSTITUTIONS INTEGRATED COASTAL MANAGEMENT KAREN REFUGEES KHMER ROUGE LIVELIHOOD MIGRATION MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY REINTEGRATION RESISTANCE RIGHTS-BASED APPROACH SHADOW STATE POLITICS SOCIAL AND ECONOMIC DEVELOPMENT SOCIAL MOVEMENT SUSTAINABLE COASTAL DEVELOPMENT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-BURMA BORDER THAI-KAREN PEOPLE THAILAND THAKSIN SHINAWATRA WORK OPPORTUNITIES WORLD SOCIAL FORUM

Songdej, A. (2010) Cambodian Child Beggars in Thailand: A Case Study of Rights and Needs Based Approaches in Legislation and Implementation

Title: Cambodian Child Beggars in Thailand: A Case Study of Rights and Needs Based Approaches in Legislation and Implementation

Author: Anne Anuchanan Songdej

Year: 2010

Keywords: CAMBODIAN CHILD BEGGARS/ RIGHTS-BASED APPROACH/ NEEDS-BASED APPROACH/ LEGISLATION/IMPLEMENTATION/HUMAN TRAFFICKING/ MIGRANT CHILDREN

Download PDF of Abstract: English Thai

Abstract:

This research aims to determine the extent that Thailand's Anti-Trafficking in Persons Act (2008) protects the rights of Cambodian child beggars as outlined in human rights conventions. This was done by assessing the level of policy coherence between Thailand's Anti-Trafficking in Persons Act (2008) and other related policies, by assessing the practicality of the guidelines used for screening victims of trafficking by Thai officials, and by assessing whether Thai officials' attitudes towards Cambodian child beggars affected whether the rights-based approach or the needs-based approach was followed in practice.

This research found that there was strong policy coherence between Thailand's Anti-Trafficking in Persons Act (2008) and other related policies, such as the Child Protection Act (2003), the Labor Protection Act (2008), and the Domestic Violence Victim Protection Act (2007). Despite this fact, there existed large policy incoherence between Thailand's Anti-Trafficking in Persons Act (2008) and the Beggar Control Act (19411) and Immigration Act (1979). The lack of policy coherence between Thailand's Anti-Trafficking in Persons Act (2008) and the two latter Acts was found to deeply affect whether Thai officials followed the rights-based approach or the needs-based approach when dealing with Cambodian child beggars. This was because some saw the Cambodian child beggars as victims of trafficking, while others saw them as voluntary migrants, illegal migrants, or both. This in turn made for a subjective screening process and affected whether Cambodian child beggars were taken under Thai custody at all. From interviews with Cambodian child beggars, it was found that although Thai officials do not follow the Anti-Trafficking in Persons Act (2008) for every Cambodian child beggar in this study, this may be a more practical approach so that the immediate needs of the majority of these Cambodian child beggars are met. Nonetheless, this raises concerns over how to more effectively address the structural causes of the child begging problem.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER CIVIL SOCIETY COASTAL GOVERNANCE COMMUNITY CORPORATE SOCIAL RESPONSIBILITY COUNTRY RECONSTRUCTURE CURRENT EDUCATION IN THE CAMP DEMOCRACY IN BURMA DEMOCRATIZATION DEVELOPMENT DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE GOVERNANCE FACTORS HIGHER EDUCATION HUMANITARIAN ASSISTANCE ICM INDONESIA INSTITUTIONS INTEGRATED COASTAL MANAGEMENT KAREN REFUGEES KHMER ROUGE LIVELIHOOD MIGRATION MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY REINTEGRATION RESISTANCE SHADOW STATE POLITICS SOCIAL AND ECONOMIC DEVELOPMENT SOCIAL MOVEMENT SUSTAINABLE COASTAL DEVELOPMENT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-BURMA BORDER THAI-KAREN PEOPLE THAI FEMALE THAILAND THAKSIN SHINAWATRA WORK OPPORTUNITIES WORLD SOCIAL FORUM

Lo, M. (2010) A Refugee Centered Perspective on Refugee Protection Mechanisms: The Case of the Lao Hmong Refugees in Thailand

Title: A Refugee Centered Perspective on Refugee Protection Mechanisms: The Case of the Lao Hmong Refugees in Thailand

Author: My Lo

Year: 2010

Keywords: REFUGEE, REFUGEE PROTECTION

Download PDF of Abstract: English Thai

Abstract:

In a state-centered paradigm, the refugee regime has diverted the application of its moral obligations of protection to serve state interests. It has moved away from the object of its protection the refugee herself—to prefer policies and practice of political convenience.

Looking closely at the experience of the Lao Hmong refugees in Thailand, this study contends that the refugee perspective must regain its validity in dictating protection policies. When asked to define refugee protection, their experience with it and their expectations of it, Lao Hmong refugees invoked basic principles of human rights: right of livelihood, freedom from fear, freedom of movement, right of education, cultural and religious freedom, etc.

Most importantly, they frame their protection demands within the respect and full realization of their human dignity, self-sufficiency and self-determination. Their experience validate the idea that refugee protection must not seek to provide solutions to the circumstances of being a refugee but rather it must seek to empower refugees to decide what solution suits their aspirations best.

Recommendations include practical programmatic considerations (e.g. the strategic use of technology to promote self-sufficiency) and wider policy guidelines (e.g. signing and ratifying the 1951 Refugee Convention).

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER CIVIL SOCIETY COASTAL GOVERNANCE COMMUNITY CORPORATE SOCIAL RESPONSIBILITY COUNTRY RECONSTRUCTURE CURRENT EDUCATION IN THE CAMP DEMOCRACY IN BURMA DEMOCRATIZATION DEVELOPMENT DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE GOVERNANCE FACTORS HIGHER EDUCATION HUMANITARIAN ASSISTANCE ICM INDONESIA INSTITUTIONS INTEGRATED COASTAL MANAGEMENT KAREN REFUGEES KHMER ROUGE LIVELIHOOD MIGRATION MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY REINTEGRATION RESISTANCE SHADOW STATE POLITICS SOCIAL AND ECONOMIC DEVELOPMENT SOCIAL MOVEMENT SUSTAINABLE COASTAL DEVELOPMENT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-BURMA BORDER THAI-KAREN PEOPLE THAI FEMALE THAILAND THAKSIN SHINAWATRA WORK OPPORTUNITIES WORLD SOCIAL FORUM