A brief presentation on Lao migrants working in Thailand and challenges for future development

1. Migration Situation
of Lao’s People
Democratic Republic
Ms. Siliphaithoun Xayamoungkhoun
Lao CSO
ASEAN PEOPLE FORUM
10-14 September 2019

2. Content
Forms of migration
Current migration trend and statistic
Advantages and disadvantages of migration
Knowledge on Human Trafficking and Migrants
Smuggling
Migration trend in ASEAN
Related Lao legal frameworks and international
instruments
Recommendations

3. I. Forms of
migration
Migration is the movement of a person across and international
border for the purpose of settlement (immigration).
• Migration of refugees
• Displaced persons
• Economic migrants
• Family reunification
Three forms of labor migration of Lao PDR:
• Migration from rural to urbanized areas: migration for vocational
training and further study in urbanized areas, or looking for job
opportunities;
• Labor migration from overseas into Lao PDR with majority having
legal status to meet the needs of high level of labor skills; Out
migration to work abroad: Regular migrant: Legally entry with legal
status in a destination country- Irregular migrant: Illegally status
entry to a country
Out migration to work abroad: Regular migrant: Legally entry with
legal status in a destination country- Irregular migrant: Illegally
status entry to a country
- Regular migrant: Legally entry with legal status in a
destination country
- Irregular migrant: Illegal status (might entry legally) in a
destination country

4. II. Current migration
trend
Four groups under Thailand's laws and
policies for migrants from Myanmar,
Laos, and Cambodia:
1. Migrant workers in irregular situation
(undocumented);
2. Migrant workers through the
Memorandum of Understanding;
3. Migrant workers allowed working in
the border area for a specific period of
time or a season;
4. Migrant workers in a fishing industry.

5. Migrants
Enter, stay or work in a country without the necessary
authorization or valid documents
Smuggled migrants
Their irregular border cross is facilitated by another person/agency for profit
They face an INCREASED RISK to becoming victims
Of violence, such as rape
Of human trafficking
Of death

6. Current statistic:
- 182,462 of Lao documented (Ministry of Labour :
Operation on tackling labor trafficking issues (Bangkok,
2017).
- 213,000 irregular migrants (Assessing Potential
Changes in the Migration Patterns of Laotian Migrants
and their Impacts on Thailand and Lao People's
Democratic Republic, 2016, IOM and ASEAN Research
Center for Migration, Chulalongkorn University,
Thailand)
- An estimated US$149 million in remittances from Lao
migrants was received in 2018 (World Bank, 2018)./ Lao
GDP 18,131 million (2018)
- Predominantly employed in domestic work,
construction, manufacturing, agriculture, and
entertainment work, mainly in neighbouring border
provinces and larger cities.

7. Why the Lao irregular migrants rate
in Thailand is high?
- Too complexity of legal procedure (high cost
(17,000 THB-24,000 THB), long waiting time,
deceived from recruiting agencies or contract
violated by Thai employers.
- Lack of sufficient and effective center to provide
support/assistance to Lao workers about working
abroad.
- No available/matching jobs allowed to unskilled or
low skill workers
- Entering to Thailand as a tourist then finding a job
with under the migrant worker status supported
by his/her Thai employer.
- The flexibility of choosing jobs with high wage (no
contract binding in case of job changing).

8. III. Advantages
and
disadvantages
of migration
Negative
• Economic disadvantage
through the loss of young
workers;
• Loss of highly trained
people, especially
healthy workers;
• Social problems for
children left behind or
growing up without a
wider circle;
• Risk to be
exploited/victims of
trafficking.
Positive
• Developing countries
benefit from
remittances payments
sent home by
migrants;
• Unemployment is
reduced and young
migrants enhance
their life prospects;
• Returning migrants
bring savings skills and
international contacts.

9. IV. Knowledge on Trafficking in
Persons and Smuggling of
migrants

10. Definitions
Article 3, paragraph (a) of the Protocol to Prevent, Suppress
and Punish Trafficking in Persons
“Smuggling of migrants” shall mean
the procurement, in order to obtain,
directly or indirectly, a financial or
other material benefit, of the illegal
entry of a person into a State Party
of which the person is not a national
or a permanent resident;
“Illegal entry” shall mean crossing
borders without complying with the
necessary requirements for legal
entry into the receiving State;
See the full Definition at SOM
Protocol

12. V. Migration
trend in
ASEAN

13. Intra-ASEAN migration
with about 6.8 million
migrants migrating within
the region, 3.3 million is
women (UNDESA, 2017)

14. Deployment of migrant workers from ASEAN Member States
Note: The table shows the deployment of migrant workers from the seven ASEAN Member States that
collect labour migration data. The figures in the table are, however, not representative of the total number
of migrant workers, as there are a large number of undocumented migrant workers in the ASEAN region

15. VI. Related legal frameworks and international
instruments
Trafficking in Persons or Human Trafficking (TIP)
• TIP Law 2015
• Law on Development and Protection of Women (2006)
• Law on the protection of the Rights of Children (2007)
• Law on Anti-Violence Against Women and Children(2015)
• Decree on the adoption(2014)
• National Committee on Anti-Trafficking in Persons
Smuggling of Migrants (SOM)
• Stand-alone TIP Law 2015
not suitable to prosecute smuggling of migrants, but demonstrates
that separate statutes on specific crime types are conceivable
• Law on Immigration and Foreigner
Management of Lao PDR 2014 has
no offence for facilitating legal entry or special assistance to migrants
• No specific National Committee

16. Lao PDR
as a party to
related
International
Instruments

17. Lao PDR
as a party to
related
International
Instruments
(Con’t)
- ASEAN Declaration on the Protection and Promotion of the Rights of
Migrant Workers 13 January 2007 in Cebu, Philippines;
- Declaration of the seventh Ministerial Conference of the Bali Process on
People Smuggling, Trafficking in Persons and Related Transnational Crime
(Bali Process), 7 August 2018.
- ASEAN Convention Against Trafficking in Persons, Especially Women and
Children and its Plan of Action (Malaysia, 21 November 2015)
- COMMIT Process (established in 2004 at an inter-ministerial meeting
between the 6 Greater Mekong Sub-region countries: Cambodia, China,
Laos, Myanmar, Thailand and Viet Nam)

18. VII.
Recommendations
In consultation with various partners, provide a solid
policy basis on which the various benefits associated with
migration, including flows of financial capital, skills,
knowledge, and ultimately – returning migrants, can be
more comprehensively understood and evaluated, and
specific policy mechanisms put in place to harness these
benefits.
Implement a streamlined, efficient and cost-effective
regular migration channel in order to promote more
orderly, regular and safe migration; drawing on
international good practices from similar bilateral labor
migration arrangements.

19. Host countries should
consider policies on labor
migration management by
supporting efforts to
ensure as high a proportion
of migrant workers as
possible remain in regular
status
Encouraging a more
open “marketplace”
of ethical
recruitment and
employment by
engaging private
sector and
development
partners to the
consultations.
Create a concrete
and practical
procedure on
migration
orientation package
to migrants and
youth who have not
yet become
migrants workers.
Strengthen or Pilot
a workable One
Stop Service to
assist workers in
relation to
migration
procedure/lesson
learned from
ASEAN

20. Thank you very much