This situation is not unique.  In the last year alone, the Migrant Working Group is aware of at least 10 cases in which more than 100 migrants have died during the transportation process.  All migrant workers are at risk of death or abuse, but in particular those from Burma as many Burmese are fleeing their country from political unrest.

The Royal Thai Government’s migrant management policy limits the opportunities of people to legally access the labor market.  The current registration system is severely restrictive and does not permit migrant workers to gain legal status thereby forcing them to depend on dangerous means. 

The survivors of this most recent incident have been charged for illegal entry.  Rather than encourage their participation in the legal prosecution of exploitative smugglers, the Thai authorities will instead summarily deport them to Burma. 

The Migrant Working Group (MWG) expresses deep regret about the deaths of the migrants and the summary deportation of the survivors.  We call on the RTG to take immediate action in the following ways:

• Ensure that the surviving migrants affected by this receive proper medical care.  The survivors should be allowed to recuperate in a medical facility and receive psychosocial support. 
• The survivors should receive legal assistance and access to the Thai justice system.
• The deportation of survivors should immediately cease.
• The families of migrant workers who were killed by suffocation should be allowed access to Thai legal justice and provided with financial compensation.  
• Review the RTG migrant management policies and consider how the difficulties of securing legal status in Thailand gives opportunities for smugglers to prey on migrant workers.
• Prosecute this case thoroughly and ensure that all responsible parties are held to account to Thai law.
• Form an impartial committee composed of both Government and NGO representatives to oversee the police investigation of the case, and make a public report within 30 days, including recommendations on the case, investigation, and changes in policies and laws governing migrants

Despite the significant contribution of migrants to Thailand’s economy and their employment in sectors not considered desirable by Thai people, migrants are still denied their basic rights.