VZCZCXRO3853
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHBK #0176/01 0211020
ZNR UUUUU ZZH
P 211020Z JAN 10
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC PRIORITY 9643
RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY
INFO RUEHCHI/AMCONSUL CHIANG MAI 7527
RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 02 BANGKOK 000176 
 
Department for EAP/MLS DSmith, DRL/IL MJunk, GTIP CChan-Downer, and 
DOL/ILAB for Brandie Sasser 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB PHUM BM TH
SUBJECT: THAI GOVERNMENT EXTENDS MIGRANT WORKER NATIONALITY 
VERIFICATION DEADLINE 
 
BANGKOK 00000176  001.2 OF 002 
 
 
Sensitive But Unclassified.  For Official Use Only. 
 
Refs: a) 09 Bangkok 2821 (Government Responds to Criticisms) 
      b) 09 Bangkok 1376 (Thai Government Plans Migrant Amnesty) 
 
¶1.  (SBU) Summary: On January 19, the Thai government extended for 
two-years to February 28, 2012, the deadline for migrant workers 
from Burma, Laos, and Cambodia to complete the nationality 
verification (NV) process associated with Thailand's illegal migrant 
worker amnesty program.  The decision effectively extends the work 
permits of all migrant workers in Thailand, making it clear that 
migrants who participate in the NV process will not be subject to 
deportation next month, and allowing them to potentially remain in 
country for up to six years.  Migrants who do not submit an 
application to begin the NV process by February 28, 2010, will be 
subject to immediate deportation.  Observers widely anticipated (and 
hoped for) the extension since only approximately 10,000 of the over 
one million registered Burmese migrant workers in Thailand have 
completed the NV process.  Labor activists welcomed the Thai 
government's flexibility in extending the NV deadline and continue 
to blame the Burmese government for the underlying flaws in the 
process.  They also plan to keep pressing Thai authorities for 
improvements to public education of migrants on the process and in 
the regulation of brokers and their fees.  End Summary. 
 
¶2.  (SBU) Comment: The comprehensive nature of the Thai government's 
January 19 decision, touching on many areas of concern brought to 
its attention by interested outside parties, illustrates an 
increasingly inclusive, albeit sometimes contentious, policy-making 
process on the migrant worker issue.  It is unclear whether the 
cabinet's decision to reengage the Burmese government on the 
nationality verification process will amount to much real activity 
in this area.  No one with whom we have spoken since the amnesty was 
first announced in early 2009 believes the Burmese government will 
agree to change the process.  More likely, the tasking to the 
Foreign Ministry is aimed to flag for critics Burmese responsibility 
for the flawed NV process, which forces Thailand to feel the heat 
and make adjustments.  End Comment. 
 
¶3.  (SBU) In a January 19 decision welcomed by observers, the Royal 
Thai Government (RTG) cabinet approved a two-year extension of the 
deadline by which migrant workers from Burma (as well as Laos and 
Cambodia) must complete their nationality verification (NV), as 
required under Thailand's illegal migrant worker amnesty program 
(see ref a for details on the amnesty program).  Migrants now have 
until February 28, 2012, to complete the nationality verification 
process.  They will not face deportation if they submit an NV 
application to the Thai Ministry of Labor by the original deadline 
of February 28, 2010.  Workers who do not submit an application for 
nationality verification by February 28, 2010, will be subject to 
immediate deportation. 
 
¶4.  (U) Work permits for all migrants who enter the nationality 
verification program (regardless of when they were obtained) will be 
extended on a year by year basis, until the workers' nationality 
verification is complete (but not beyond February 28, 2012).  Once 
completed, migrant workers can apply for another work permit (of up 
to two years in validity) that can be extended for an additional two 
years (Note: In theory, should a migrant finish the NV process in 
January 2012, he/she could remain legally in Thailand for a total of 
approximately six years from this month). 
 
¶5.  (SBU) Through its January 19 decision, the RTG cabinet tasked 
individual ministries with actions that are required to make the 
decision operational.  Some actions, like the issuance of relevant 
regulations by the Ministry of Interior, are expected within days. 
Others will take longer: the cabinet determined that the Ministry of 
Foreign Affairs should engage with Burmese Government (GOB) 
authorities to press the GOB to move faster on its decisions 
regarding individuals claiming Burmese nationality and to convince 
the GOB to allow for the processing of claims to Burmese citizenship 
within Thailand, such as is done with Laos and Cambodia (refs a and 
b). 
 
¶6.  (SBU) Additional aspects of the Thai government's January 19 
decision aim to improve the administration of the amnesty program 
(and NV process) in line with the recommendations of civil society 
critics.  The Ministry of Labor was tasked to conduct awareness 
raising efforts on the nationality verification process, both for 
migrant workers and employers.  To control the cost of participating 
in the NV process, migrants are exempted from paying fees for 
services provided by the Ministries of Labor and Public Health for 
an overlapping time period (e.g., if a migrant renews a work permit 
prior to its expiration date, the fee covering the overlapping 
period is waved.  The same is true with regard to required annual 
health checks and health insurance).  In an update to wording from a 
 
BANGKOK 00000176  002.2 OF 002 
 
 
May 2009 cabinet resolution regarding the limitations on migrant 
workers' ability to change employers, the January 19 decision states 
that migrants may do so if the employer breaches the rights of the 
worker or does not act in accordance with labor protection laws. 
 
¶7.  (SBU) Additionally, the cabinet called on the National Security 
Council to develop a plan to handle the cases of those migrant 
workers whose nationality is not successfully verified by the 
government whose citizenship they claim (Note: this likely is meant 
for the cases of workers from certain ethnic minorities within 
Burma, such as Karen and Karenni.  Should the GOB not verify their 
nationality, the RTG would need to determine how to handle their 
cases.  End Note.). 
 
Why the Extension? 
------------------ 
¶8.  (SBU) The Thai government's pragmatic decision to extend the NV 
process deadline was made out of necessity.  According to data 
compiled by the International Organization for Migration (IOM), the 
RTG issued or extended 1,325,057 work permits for migrant workers 
between January and November 2009, 1,077,981 of which were for 
persons from Burma.  At the same time, fewer than 10,000 Burmese 
migrant workers have successfully completed the nationality 
verification process.  While the Thai government has not released 
the number of Burmese migrants who have begun -- but not yet 
completed -- the NV process, it determined that more time was needed 
for them to do so.  Recognizing this fact, the Ministry of Labor-led 
Illegal Migrant Administration Committee recommended in December 
2009 that the NV process deadline be extended.  Labor Minister 
Paitoon Kaewthong brought this recommendation to the Thai cabinet, 
which concurred. 
 
Welcome News, But System Still Flawed 
------------------------------------- 
¶9.  (SBU) A representative from the Thailand-based non-governmental 
organization Migrant Justice Program (MJP) told Econoff January 19 
that the news of the cabinet decision was welcome and that the Thai 
Government appears to be doing its best to be responsive to civil 
society complaints about the NV process.  He believes the decision 
validates NGO efforts to seek modifications to the process, through 
a campaign of media placements and letters to senior Thai government 
officials.  At the same time, he was quick to point out continuing 
concerns with the "failed system."  Noting the fear many Burmese 
migrants have of any dealing with the Burmese government, the 
activist explained that many will choose not to participate in the 
NV process.  They may also, with or without the knowledge of their 
employer, provide false information on related forms in order to buy 
time and remain in Thailand even though doing so would ultimately 
likely lead to their eventual deportation. 
 
¶10.  (SBU) The activist also stated that although the Thai 
government published an over seventy-page manual on the NV process, 
including in Burmese, it is too long for migrants to easily 
understand and too difficult to disseminate (unlike the Thai 
governments development of basic leaflets on the worker amnesty 
program as a whole).  He therefore plans to continue pressing Thai 
authorities on this and other areas, such as controlling fees 
charged by labor brokers assisting migrants and employers in the 
process.