Migrant Assistance Programme (MAP) Foundation issued a statement regarding the detention and the possible refoulement of migrant workers injured from a bomb explosion at a waste disposal site in Mae Sot municipality as reported by the media. On 23 February 2008, Mr. Somchai Chomjai, aged 40, drove his garbage truck carrying trash collected from Ban Nuea market in Mae Sot municipality to dump at the site. About 30 Burmese migrant workers then went to sort through the garbage. Mr. Poo Ya, aged 30, used a bar which touched unexploded ordinance which was believed to have been discarded with the garbage. The loud explosion instantly injured 16 of the Burmese migrant workers, 2 seriously. All were later taken to Mae Sot hospital.

From the information given by relatives of the injured, the 13 persons could identified, while the other three could not. The 13 identified persons are Mr. Sor Par Tee (60), Mr. Sor Mae Tun (25), Mrs. Dor Mee (58), Sor Oo (31), Por See (Karen, 20), Ms. Kin Tan Da Oo (16), Mr. Ong Po Po (8 with a serious eye injury Mr. Poo Da (30, seriously injured), Mrs. Chow Piew (28), Oo Tan We (45), Chid Tae (12), Mrs. Dor Nuay (50), and Wae Ko (39). At 11.00 am, the police arrested the migrant workers at the hospital. They were charged with illegally entering the country. Twelve were arrested and are detained at Mae Sot district police station. Initially, the police officers told the workers that they were wanted only for inquiries, but at the police station they were sent directly to the cells.

From information provided by relatives who visited the migrant workers at the police station, it is reported that the detainees include a person with a serious eye injury, women, and children. At 5.50 pm, the staff of a non-governmental organisation (NGO) operating in the area made a phone call to the police officer and was informed that the migrant workers were being detained, would be tried the next day on charges of illegally entering the country and would be send back to Burma. Initially, the officer claimed that there was no injured person under detention. Later the officer informed the NGO that some migrant workers were injured but not seriously.

At around 9.00 pm, the same NGO called the police station again for more information. The police officer who was present at the station informed him that no migrant worker was detained and the news about the bomb explosion was a hoax.

Migrant Assistance Programme (MAP), a network of non-governmental organisations working with migrant workers, has been following the situation closely, and expresses its concern on the situation, especially regarding the health of those injured by the bomb. It also is concerned with the way state officials are handling this case.

The injured migrant workers are in danger of infection in their wounds as the area where the explosion occurred is dirty. All human beings have the rights to health care and full access to medical treatment. Therefore, the removal of injured workers from the hospital into detention to await deportation is deemed absolutely inappropriate since it could cause them harm.

The statement questions why police officers are allowed to remove those injured by the bomb from a healthcare facility without regard for the health and lives of the injured. This action contradicts the standards of treatment for migrant workers as it is disregards the security of human life. This contradicts the ethic of state officials who are supposed to protect and uphold the lives of all human beings. It violates the international human rights principles and the Thai constitution regarding the protection of human rights.

All the injured were affected by the acts of others which seriously threaten their lives. They should be given remedy and justice through the judicial process. The actions of the Thai police officers violates this principle. It will be seen as discrimination against the migrant workers. Should this happen in the Thai judicial process?

The Migrant Assistance Programme calls upon the Thai police officers to halt the refoulement process. It calls for the injured migrant workers to be returned to hospital until their health is assured. At the same time, the police must proceed with the investigation of the bombing incident. The injured migrant workers have been affected by a criminal incident not of their creation. They therefore need to receive appropriate redress. The statement urges the relevant departments to revise their policies so that future actions will be based upon the security of the lives and property of those affected. It also urges respect for human rights principles and the rights of patients without discrimination.

The Cross-Cultural Foundation demands that the police halt the refoulement of the migrant workers to their country of origin and expedite the investigation so that those guilty of the bombing incident be brought to justice according to the law. It calls for the injured migrant workers to receive justice and redress as soon as possible. The Foundation calls for the police officers and departments concerned to uphold appropriate human rights principles and rights to judicial process in providing protection to the 16 migrant workers. This is so that the work of government departments will comply with the rule of law and rights under the 2007 Constitution of the Kingdom of Thailand and international human rights obligations.

Translated by Pokpong Lawansiri