MIGRANTS TO BE GRANTED DRIVING LICENSE RIGHTS IN THAI NATIONAL SECURITY POLICY U-TURN

2009 November 1
31/10/2009 – 18:42
The Human Rights and Development Foundation
In a landmark rights victory in Thailand, the Department of Transport (DoT) has announced that migrants from Burma, Laos and Cambodia, as well as a number of other minority groups, can now register ownership of vehicles and will soon be able to apply for driving licenses. The decision overturns a 15-year old discriminatory National Security Council (NSC) policy denying these rights on vague national security grounds. The positive impact will be felt by well over 1 million registered migrants and other minority persons in the country.

Gothom Arya, HRDF’s President, today welcomed the policy change: ‘This decision is to be strongly welcomed. Nothing can be gained in terms of national security by denying anyone an ability to decently live their lives in our society. Policies denying basic social rights to any group of people can only increase social tension, provide opportunities for corruption, and thereby actually undermine Thailand’s national security and reputation.’

Since 1994, DoT has relied on NSC policies to deny formal registration of vehicles and access to driving licenses to large numbers of minority groups and migrant communities in Thailand. This is despite the necessity of vehicle usage for many of them.

In late 2007, HRDF began a campaign against these policies when Region 5 Police Force launched early morning raids on Shan migrant camps in Chiangmai Province in Northern Thailand. These raids, launched on a premise of arresting illegal migrants, resulted in widespread confiscation of motorbikes on grounds of ‘suspected theft’ and on the basis that migrants had no rights to either own or ride motorbikes. To claim back confiscated motorbikes, migrants went through arduous, expensive and often informal processes of verifying their motorbikes were not stolen, before bargaining with police as to fine amounts. Migrants were left vulnerable because DoT denied them official registration of their motorbikes and an ability to apply for driving licenses.

Following complaints to the National Human Rights Commission (NHRC), the raids quickly ceased. However, confiscation of migrant motorbikes by police on the streets of Chiangmai intensified. Until fines were reduced by around 50% recently, police were routinely fining migrants caught riding motorbikes up to 2, 000 baht (US$57) per time. Often payments were made informally. Fines for Thai’s caught riding motorbikes are often only 200 baht (US$6).

Migrants still continue to face hardship in conducting routine activities like sending children to school and buying food. HRDF therefore started negotiating with the police for an end to their confiscation and fining policy, whilst also engaging DoT to allow migrants to both register ownership of motorbikes and apply for driving licenses. Once initial negotiations failed, HRDF supported Shan workers to formally register ownership of their motorbikes and also submit driving license applications. These applications were initially rejected so these decisions were then appealed. It was then that DoT agreed to grant these rights in a circular issued on 13th October 2009. This decision was made public in a DoT news release today.

Gothom concludes: ‘This decision is a landmark step forward for minority rights in Thailand. HRDF hopes this is just the start of a long awaited policy rethink by the Thai government to ensure migrants and other minorities groups living and working in Thailand gain human and social rights to which all peoples, regardless of nationality and immigration status, are entitled. This is in accordance with the Thai Constitution and international human rights standards.
http://www.prachatai.com/english/node/1469