An open letter
3 April 2015 Subject: An inquiry over the violation of Ethiopian domestic worker’s rights urged and recommendations for the protection of domestic workers ATT: UN Resident Coordinator in Thalland CC: 1. UN Secretary General 2. Prime Minister 3. Minister of Labour 4. Minister of Social Development and Human Security According to a report of Thai BBC on 1 April 2015, the Ethiopian domestic worker in the household of Dr. Yonas Tegegn, World Health Organization Representative to Thailand, has made serious allegations of exploitation and abuse against her employers. She has alleged that her wages had been withheld by her employers; that she was not given any holidays; that the housing given to her violated her dignity; that her passport had been seized; that she had been regularly subjected to physical assaults and that she was not given adequate food. These allegations relate to serious criminal offences of deprivation of liberty, kidnapping, misappropriation, slavery and human trafficking. The case highlights the plight of around 300,000 domestic workers in Thailand. They include migrant domestic workers who are doubly vulnerable because of their limited skills in Thai language and limited access to human rights protection mechanisms. Even though the Thai government has made attempts to revise the law to provide better protection to domestic workers, but the domestic workers who mostly live in the house of their foreign employers (including migrant workers such as in this case), and thus often cannot get in and out of the house of their employers freely, are not able to access the protection mechanisms of the State. They also have limited ability to access non-‐governmental organizations that can facilitate their access to the justice system. Most domestic workers can access the complaint mechanisms only after they are able to escape from the house of their employers. Apart from violation of their rights in work, many migrant workers are subjected to physical and psychological abuses that often cause lifelong damages. The Migrant Working Group, Network of Domestic Workers in Thailand and undersigned organizations have the following recommendations to make; 1. The United Nations and superior officers of Dr. Yonas Tegegn should promptly
investigate the incident and propose sanctions according to the UN procedure, if he is found guilty as alleged. 2. The United Nations should consider to develop a Code of Conduct as a tool for internal control of staff in the organization and to set out procedures for conducting a transparent investigation in to such cases. Punishments for those found to have violated the Code of Conduct must be clearly spelled out. 3. Competent authorities should promptly investigate the case and to bring to justice the perpetrators and to ensure strict enforcement of the law. 4. The Ministry of Labour should provide protection and assistance to the complainant as provided for by the law. 5. The Ministry of Social Development and Human Security should act to protect and assist employees who are victims of human trafficking. 6. The Thai government should consider signing the C189 Convention concerning Decent Work for Domestic Workers to expand the protection available to employees beyond receiving wages or other social benefits. Measures must be meted out to ensure that domestic workers are protected against violation, intimidation, and all forms of violence. By signing the ILO Convention, Thailand shall have more legal tools to prevent and protect domestic workers from any violence apart from the protection provided for in the Ministerial Regulation for the protection of domestic workers in non-‐business residence no. 14/2011 and issued invoking the 1998 Labour Protection Act and to minimize discrimination against the rights of the domestic workers. 7. The Thai government should require that an employer with a domestic worker aged from 15 to 18 years send a list of their child employees to the labour inspection officer. This will ensure that an employer with a child worker do not exploit and abuse them. 8. The government should consider to set out the number of working hours appropriate to a domestic worker and they should be allowed to choose whether they want to live in the house with their employers or not. It will ensure their freedom of movement and their access to rights protection mechanisms. 9. Improve the mechanism of Labour Inspectors by allowing them to have better access to the residence of the employers employing domestic workers. There should be mechanisms that protect the labour inspector from being accused of trespassing in private property. 10. An effort should be made to develop quality of life and welfare of the domestic workers by revising the Social Security Act. Workmen’s Compensation Fund, and labour relations law. It should enable an employee to have better access to the Social Security Fund and compensation, similar to employees in business enterprises. It should give an opportunity for the domestic workers to get organized and negotiate with the
employers to ensure protection of their employees.
With respect in human rights and human dignity
1. Foundation for Labour and Employment Promotion 2. Homenet Thailand Association 3. Migrants Working Group (MWG) 4. Action Network for Migrants (ANM) 5. Andaman Ethnic Coordination Project 6. Human Rights and Development Foundation 7. Stateless Watch 8. Prorights Foundation 9. Karen and Development Center 10. Foundation for Women -‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐-‐ For more information, please contact: Ms. Jantana Ekeurmanee, Homenet Thailand Association Ms. Dararai Ruksasiripong, Coordinator Foundation for Women 087 582 3552 Ms. Preeda Thongchumnum, Coordinator of the Migrant Working Group, 089 459 0212