A Thai legal counsel, who is handling the case of three migrant workers, one of whom was paralysed in December 2006, while working at a hotel construction site in Chiangmai, declared today he hopes his lawsuit is successful at the local administrative court or he is ready to take up the matter not only in the supreme court in Thailand but also in the international arena.
 
Sumitrchai Hattasaan, Director of the Center for Protection and Revival of Local Community Rights, was speaking to a handful of journalists from BBC and Shan Herald Agency for News before submitting his petition, on behalf of three Shan construction workers, to the Chiangmai Administrative Court this morning. "The success of the case will set a precedent for millions of migrant workers here," he said.

Nang Noom Maisaeng and Sumitrchai Hattasaan at Chiangmai Administrative Court

The three are:
Nang Noom Maisaeng, petitioner
Sai Harn Moeng, witness
Sai Hsiha, witness
 
Nang Noom who came to the court in a wheelchair said she is a native of Kehsi Township, southern Shan State, and came to Thailand six years ago. "My hushand, a native of Loilem, left following the accident."
 
She was paralysed from the waist down when a broken sling sent a 300 kg mould it was lifting crashing down and struck her while working at the Shangrila Hotel construction site on Chiangmai's busy Changklan Road on December 4, 2006.
 
The Social Security Office's Workmen Compensation Fund had ordered her employer to pay B 2,418 ($75) a month for 15 years, refusing to accord full compensation to her as she was unable to show a passport or alien identification documents as required by the SSO circular 0711/Waw 751, dated  October 25,  2001.
 
The petition submitted today has accordingly requested the court to revoke the circular, saying it is "unlawful" and "breaching non-discrimination principles enshrined in the Thai constitution as well as a number of international convention to which the Thai government is a signatory."
 
The case is supported by Human Rights and Development Foundation (HRDF) headed by the well-known social activist Somchai Homla-or, who said: If the Administrative Court accepts the claims in this test case, the case can provide evidence that the Thai justice system is prepared to meaningfully address systematic discrimination against millions of migrants working in Thailand from neighbouring countries, in particular Burma.
 
"The court will inform us within a month whether or not the case has been accepted," he added.