Abstract:
In 2008, Thai Ministry of Labor acknowledged that the Kingdom will need to employ 1.2 million low-skilled migrant workers in order to solve the problem of the labor shortage in the country. In fact, about 2 million migrants have already settled in Thailand and more than 80 percent of the migrant labor forces employed in Thailand’s various economic sectors are the Burmese who migrated into the Kingdom crossing the border. Mae Sot is one of the most migrant-concentrated border towns where more than 200,000 Burmese migrants lived and worked mainly in the industrial sector such as garment, knitting and other factories. This research studied why the YCO with an unauthorized status is able to provide legal and other assistance to protect the labor rights of the Burmese migrant workers in Mae Sot within the legal framework of Thailand and also found out a new social legitimacy in terms of labor rights protection that has emerged following the activities of the YCO. As a qualitative research emphasizing on a case study of the Yaung Chi Oo Workers Association, a Burmese labor rights organization in Mae Sot, the research conducted a series of in-depth interviews with the key informants from the YCO and several leaders from the Thailand-based Burmese civil society organizations, group discussions with the selected migrant workers, interviews with a labor officer at the DLPW in Mae Sot and Thai NGOs workers and lawyers. The research found out that the violations of the Labor Protection Act B.E. 2541 have been rampant in Mae Sot. The institutional weakness of the concerned government agencies and the impunity that the factory employers have received in Mae Sot leads to these violations. Therefore, Thai and non-Thai civil society organizations have stepped in to protect the labor rights of the Burmese migrant workers in Mae Sot. Among them, the YCO’s activities have contributed, to a certain extent, to the rule of law in the labor market of the border town because the organization have effectively encouraged the migrants not to stage unlawful labor strikes which can affect the social stability of the border town. The organization has steadfastly shown them a legal path to protect their labor rights. It is the key factor why the YCO with an unauthorized status has been able to provide legal assistance to the irregular Burmese migrant workers within the legal framework of Thailand.
