A CASE STUDY OF THE EMPLOYMENT RELATIONSHIP OF SMUGGLING OF MIGRANTS BY LAND, SEA AND AIR IN THAILAND

Abstract

This research aims to examine and analyze the background, principles, concepts, theories, and patterns of migration, as well as international law, foreign laws, and Thai laws concerning migrants entering Thailand by land, sea, and air. It also analyzes the employment of migrant workers through land, sea, and air routes in Thailand in order to propose recommendations for the development of laws and conceptual frameworks governing the employment of migrant workers. This study employs a qualitative research approach by collecting data from books, textbooks, academic articles, research studies, and online sources. The data were then categorized, analyzed, synthesized, and systematically summarized. The findings reveal that migration patterns based on the subjective characteristics of migrants, particularly forced migration, are closely associated with refugee status. Furthermore, the three forms of migration based on legal status explain migratory behavior in relation to legal conditions governing entry and residence. The study also finds that the employment of migrant workers under Section 63(2), which applies to foreigners who enter or remain in the Kingdom without authorization under immigration law but are temporarily permitted to stay pending deportation, falls within the scope of international migration governed by the Protocol against the Smuggling of Migrants by Land, Sea and Air, as well as the United Nations Convention against Transnational Organized Crime, 2000. Although these international instruments require States to facilitate the return of migrants to their countries of origin under Article 18, exceptions are provided under Article 19(1). This reflects that return measures are not absolute and must be implemented in a balanced manner, taking into account other international legal obligations, humanitarian law, and international human rights law, while safeguarding the human dignity of migrants, and ensuring proportional, rights-based implementation consistent with contemporary international legal and policy frameworks.