ILO TRIANGLE project Process and Procedures of Legal Labour Migration to Thailand Savannakhet, Laos PDR. November 2011

Outline Overview of TRIANGLE project Update of situation of Labour Migration to Thailand from neighbouring countries in the Mekong Sub region, particularly from Lao PDR. Thailand Law and Policy on Migration How will the Savannakhetʹs Migrant Resource Center work to ensure safe migration and improved protection of male and female MWs

To increase labour rights protection and decent work opportunities for MWs in the GMS and Malaysia Outcomes on : Policy development and legal framework; capacity building; support services Sector-based: Domestic Work, Fishing, Agriculture, Manufacturing, and Construction Tripartite + working approach Bilateral and multilateral (ASEAN) cooperation Gender-responsive Emphasis on monitoring and evaluation TRIANGLE: Aim & Approaches

Project Coverage Activities currently running in 15 sites in countries of origin and destination: Cambodia Lao PDR Viet Nam Malaysia Thailand

Situation of Labour Migration to Thailand Within the Mekong Sub-region, Thailand is a major destination country where MWs of whom come from Lao PDR., Myanmar and Cambodia migrate across borders to live and work. By far, overall numbers of MWs from three countries can only be given by estimation. That said, Thailand could possibly be home to 2 – 4 millions. The majority of whom are irregular migrants To date, between 1.6 – 2.0 millions are having regular/legal status through different schemes: regularisation and MoUs (legal labour migration)

Statistical Breakdown: MWs Migrants who have entered the sixth round of registration in 2011 are 1,011,443 (as of Sept 2011) Migrant who have completed the NV process are 559, 815 out of 932,255 migrant who are eligible for NV (as of Sept 2011) Migrant who have been imported through MoUs (bilateral agreements) are 58,905 (as of Sept 2011)

How many Laotian MWs in Thailand? No precise figures of overall numbers can be provided The number of regular Laotian migrants is between 148,895 – 176,688 (around 10% of the total number of regular migrants) Despite being the least number amongst all MWs arriving in Thailand, an increasing trend of legal labour migration to Thailand can be captured from the number of those recruited through MoUs, second after Cambodia

Thailandʹs Law and Policy on Migration Challenges: Due to a significant numbers of irregular MWs, Thailand has acknowledged prominent problems related to irregular migration such as serious labour rights and human rights violation. Since the early 1990s, Thailand has gradually developed its migration related law and policy and initiated bilateral cooperation with countries of origin to facilitate legal labour migration to Thailand

Thailandʹs Registration Policy: Problems Despite the acknowledgement of an irregular migration, registration policy has failed to get attention of migrants and employers to take part in registration process. Number of problems can be identified, to name but few:  cumbersome and confusion registration process and procedures are of disadvantage of registration policy;  Sporadic registration campaigns have made migration policy unpredictable and remained rather short-term solution;

Increasing focus on “legal” import of MWs: Long-term solution Due to sporadic and unpredictable registration policy, legal import of MWs through MoUs or other means of bilateral agreement is a better option A number of advantages of legal labour migration:  Ensure better access to supports and services available, due to being empowered and gaining more confident through legal recruitment process;  Provide viable alternatives to illegal recruitment  Strengthen state cooperation to ensure safe migration and improve recruitment practices and protection measures with better monitoring mechanisms in place

Legal Labour Migration: the case of Lao PDR. MoU between Thailand and Lao PDR signed in 2002:  to ensure appropriate recruitment procedures, including effective return, protection measures and prevent illegal migration and recruitment services. MoU consists of 24 Articles being authorised agency (MOL of both countries) (Art. 1-2); authority and procedures (Art.4-8); return and deportation (Art.9- 16); protection (Art ); measures on illegal employment (Art.20-21); and administration of the MoU (Art.22-24)

Process and Procedures: Thailand Side In Thailand, the MOL is the authorised agency to facilitate employment cooperation and ensure legal labour migration Stage 1: Submission of a request for quotas to the MOL for authorisation (by an employer).  Required documents : request for quotas Stage 2: Submission of required documents to bring MWs to Thailand  Required documents: demand of letter, employment contract (stating terms and conditions of employment), power of attorney nominating a consulting company acting as a recruitment agency in Lao PDR to recruit MWs  MOL to collect and forward all docs submitted to MOL of Lao PDR via diplomatic channel

Process and Procedures: Lao PDR side  MOL of Lao PDR to forward all requested docs to a selected recruitment agency to recruit prospect MWs  The recruitment agency to provide the MOL of Lao PDR with the name list of selected MWs for authorisation and to forward all authorised docs to the employer in Thailand to proceed further

Process and Procedure: Thailand side Stage 3: Submission of a work permit request  The employer to submit a request of importing MWs form, together with, the authorised with stamped name list, photos of MWs and copy of request for quotas and fee (100 THB/MWs application)  MOL to inform the RTE/ Consulates of immigration arrangement

Proceed and Procedures: Lao PDR side State 4: Work permit issuance  The recruitment agency to proceed with immigration arrangement – visa issuance (L-A), giving 2 years working visa  MW after entering Thailand is to have heath check at a designated hospital  MW to submit a work permit application, together with the following docs, Passport, medical certificate and fee (THB 1,800)/year

Roles of the MRC: to ensure legal labour migration Roles of the MRC:  information dissemination  T/Us or MRC cooperation to set up referral mechanisms and transfer membership between the two countries  Policy advocacy to improve recruitment practice and protection measures  Close monitoring  Etc.