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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents