Curfew for Surat Thani migrant workers needs to be reviewed

1. Crimes on Koh Samui, Koh Pa-ngan and Koh Tao are not dissimilar to those that take place anywhere else in the country. They can be committed by any individuals, not just migrant workers. The plan to impose measures under martial law that restrict the rights of migrant workers indicates that the authorities are stereotyping migrant workers as having a tendency to commit crime. This is discrimination based on their racial profile, which is not only a breach of the law but also of Thailand’s international obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. It will eventually lead to social unrest and affect relations with neighbouring countries.
2. That authorities have invoked the murder of two British tourists on Koh Tao to impose restrictions on migrant workers demonstrates they have already assumed that the murder suspects, two migrant workers, are the real culprits. This is despite the fact that the police investigation has been questioned both in Thailand and by the international community after allegations of bungling and forced confessions. The officials are also flouting the rule of law by ignoring the principle that suspects should be presumed innocent until their guilt can be proved.
3. Various measures can be used to deter criminal acts without resorting to martial law and discriminatory measures against migrant workers. For example, attempts could be made to reduce the number of entertainment parlours, to suppress the power of influential persons, etc. Most importantly, law enforcement officers, particularly the police, must cooperate and work under the authority of administrative agencies. They must perform their duties honestly, with integrity and without colluding with local “mafia” or being intimidated by influential groups. Their job is to perform their given duties professionally to garner public trust, and to cooperate with the authorities to keep public order and suppress crime.
4. The state should not permit entertainment parlours to spring up in the name of tourism without considering their impact on local morals, culture, environment and society. Revenue from foreign tourists which benefits only a handful of people at the expense of people all over the country threatens the culture of local communities and can lead to rising crime.
The HRDF would like to urge the government and the Surat Thani authorities to review the plan to impose restrictions on migrant workers’ rights, including banning them from leaving their residences after 10pm.
Preeda Tongchumnum
Human Rights and Development Foundation