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Thai Lawsuit on "Foreigners' Working Management Emergency Decree"?
Transcript of the above video:
As the title of this video suggests, we are discussing the, and I'm going to quote this: Foreigners' Working Management Emergency Decree”. Now I have just always called this the Work Authorization Emergency Decree of '17; there was one in 2017 if I recall and one in 2018, there are actually two and they kind of have to be read together, although the second one did change a few things, but it primarily if I recall, pertained to migrant labour that comes over the borders so we're talking about primarily folks coming over the Myanmar Border as well as Laos and Cambodian Border with probably some coming in over the Malaysian border too. The second iteration made some changes with regard to them, but largely the stuff that pertained to what we call “Farang” or the Western foreigners here, between the two decrees you have kind of got to read them together.
That said, I thought of making this video after reading a recent article from the Bangkok Post, bangkokpost.com, the article is title: Pilots plan to sue Labour Ministry. Quoting directly: "The Thai Pilots Association plans to file a lawsuit against the Labour Ministry with the Administrative Court on Friday seeking a temporary injunction to prohibit foreign pilots from flying domestic flights." Yeah, look inland transportation here in Thailand has always been something that has been carefully guarded. I'm actually pretty well in favour of this from the pilots. I get where they are at. Now that said, there was some need for expedience here - I'll get into that in a moment - so I understand that too. But okay, there was a temporary moment where something was allowed to happen. I think we'll probably see it revert back to the status quo. That said, quoting further: "The move is regarded as a last-ditch effort after the Cabinet allowed foreign pilots to temporarily operate domestic flights via wet lease agreements in December last year. The permission was to help airlines ease an aircraft shortage. Teerawat Angkasakulkiat, President of the Thai Pilots Association, said the approval of foreign pilots affects Thai pilots and violates two laws: the 2017 Foreigners Working Management Emergency Decree and the 1954 Air Navigation Act." And you know what? It probably does; he's probably right, and it should be enforced, frankly.
Now if there is sort of an emergency moment or a moment where it's necessary, there's like extenuating circumstances, it's necessary, temporarily we're going to have some foreign pilots here internally, okay, but maybe that time has now passed. Beyond even that, even if there is exigent need, there are some times when certain principles overcome that exigent need. Now I'm not the person to say in this set of circumstances where that threshold has been hit, if it has been at all, but I'm hoping that during the adjudication process in the Thai legal system, we will see a conclusion to this, and I am hopeful that it is protective of labour, including Pilots here in the Kingdom of Thailand.