A/HRC/41/43/Add.1 where people had to wait in line for up to several days. Despite the difficulties faced by migrant workers in travelling to the registration centres and being absent from their workplaces, the Working Group welcomes the fact that, by the end of June 2018, it was reported that about 1.2 million migrants had been able to regularize their status through this process.9 58. The Government subsequently informed the Working Group that, as at February 2019, there were 163,644 skilled foreign workers, 241 migrants with lifetime permits and permanent residents, 65,480 ethnic minority workers and 3,064,454 migrant workers from Cambodia, the Lao People’s Democratic Republic, Myanmar and Viet Nam; 1,198,269 people had been admitted under temporary measures, and there were 36,049 cross-border workers. 59. The Working Group was informed that the private sector often hires migrant workers through subcontracting companies as a way to mitigate the risk of legal liability. The Government should consider requiring businesses to conduct and report on their human rights due diligence, in line with the Guiding Principles, and ensure that migrant workers who are injured while working are provided with compensation and social security benefits. 60. Corruption remains a prevalent risk in the migrant employment process. The Working Group heard that migrant workers had to pay high fees to brokers as part of the recruitment process. A number of steps should be taken to address corruption, such as supporting a policy of no recruitment fees in the hiring process and setting up protection systems to safeguard whistle-blowers who expose corruption. The relevant government authorities should also be proactive in raising the awareness of migrant workers of their legal rights in Thailand. The Working Group notes the draft amendment to the Labour Relations Act, which was passed by the Cabinet on 5 February 2019 and is now under consideration by the Council of State, which would allow migrant workers to be on the Boards of the labour unions. Collaboration with civil society organizations working with migrant workers would be vital in such a situation, in order to empower them. 61. The Government has informed the Working Group that private sector companies, particularly in the construction sector, have adjusted their practices of hiring migrant workers in compliance with the Royal Ordinance concerning the management of the employment of migrant workers No. 2 (2018), which came into effect on 27 March 2018, noting that heavy fines may be imposed for violations. IX. Persons with disabilities 62. The Working Group was informed that, as at December 2018, there were 1,947,218 registered persons with disabilities, or about 2.81 per cent of the total population, of which 836,304 were persons of working age. 10 The Government notes that a considerable number of them are unavailable for employment owing to their disabilities. A number of measures have been taken in recent years to promote their inclusion in the labour market. Thailand ratified the Convention on the Rights of Persons with Disabilities in 2006 and in 2007 enacted the Persons with Disabilities Empowerment Act (revised in 2013), which introduced a rights-based approach to inclusiveness.11 The Working Group learned about the many challenges faced by persons with disabilities in accessing the labour market, including those related to unmatched location between workers and workplace, skills requirements (around 1,152,254 of persons with disabilities have only primary school education) and the inadequate accessibility of workplaces and of public transport. In that regard, the Working Group encourages the Government to continue its efforts to address 9 10 11 Ibid., p. 3. More than 830,000 are male and 730,000 female; 50 per cent have physical disabilities, 18 per cent have hearing disabilities, 11 per cent have visual disabilities, 7 per cent have psychosocial disabilities and 7 per cent have intellectual disabilities. Almost 50 per cent are over 60 years old, reflecting the overall ageing of the population in Thailand. Available from http://ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=78643&p_country=THA&p_count=441. 13

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