Curfew on migrant workers illegal and racist, Lawyers Council says

Migrant workers line up for registration in Chumphon. Photo: State Media

The Lawyers Council of Thailand today spoke out against a curfew recently imposed on migrant workers in Surat Thani, saying it is unconstitutional, racial discrimination.

Chairman Surapong Kongchantuek said the provincial governor violated provisions under Thai law guaranteeing equal protection of rights and lacked the power to create new laws by fiat, even under martial law.

“Provincial governors are not authorized to announce their own laws, it has to come from the central authority only,” Surapong of rules announced last month by Surat Thani Gov. Chatpong Chatphuti intended to shore up public confidence in several violence-plagued resort islands. “Martial laws can be imposed by the military only.”

Chatpong last week announced migrant workers on Koh Tao, Koh Samui, and Koh Phangan must not go outside, socialize or mingle with tourists after 10pm. His announcement came after a pair of Burmese migrant workers were accused of the September murders of Hannah Witheridge and David Miller on Koh Tao. The men have said they only confessed to police under torture, and widespread skepticism over their involvement remains.

READ: Universal doubts cloud ‘perfect’ Koh Tao murder investigation

Those murders factor most significantly among a string of rapes, assaults and murders of foreign nationals which have cast a pall on the islands and Thai tourism in general.

Surapong however said such discriminatory measures only tarnish the country’s already suffering human rights reputation.

Last week Chatpong engaged in classic demagoguery to justify his curfew for specific foreign groups.

“When they committed a crime, they brought disgrace to the locals and Thailand!” he said of the laborers from Myanmar. “It’s time to control and keep alien workers under Thai law and regulations.”

The measure followed a ban on island beach parties in the province, with an exemption for the popular –  and profitable –  full moon party on Koh Phangan’s Rin Beach, Post Today and Bangkok Post reported.
 

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