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Nelson Suggs
Despite several years of highly publicized efforts to address problems in the Thai fishing industry, the Thai government has not taken the steps necessary to end forced labor and other serious abuses on fishing boats.
These reforms have focused primarily on establishing control over fishing operations and tackling IUU fishing. Yet they have had little effect on human rights abuses that workers face at the hands of ship owners, senior crew, brokers, and police officers. Meanwhile, the impact of stronger regulatory controls on improving conditions of work at sea has been limited as a result of poor implementation and enforcement.
In its migration policies, the Thai government has sought to balance negative public attitudes about migration and alleged national security concerns about migrants with strong economic demand for low-cost labor. The result has been contradictory and inconsistent migration policymaking. Its current orientation toward stronger controls and crackdowns on irregular migration have proven ineffective and merely pushed migrants toward more expensive and less safe border crossings, increasing profits for smugglers and traffickers.
Since 2016, Human Rights Watch interviewed 248 current and former workers in the fishing industry about recruitment practices, salaries and payment systems, working hours, occupational health and safety, and a range of other issues. This group included 95 individuals whom Thai authorities or others had designated as victims of trafficking. Human Rights Watch research identified 20 forced labor situations in 34 group and individual interviews with fishers, accounting for 90 of the 138 fishers we interviewed who were still employed on boats at the time of the interviews.[3]
Key inspection frameworks that the Thai junta introduced in 2015 are undermined by a lack of meaningful interaction between workers and officials. Labor inspectors often operate under false assumptions that only undocumented migrants can be victims of exploitation, and rely on dubious paper records and unverified information from senior crew or employers to monitor practices and working conditions. Inspections focus on the monitoring and control of workers, ensuring only that the fisher is matched to his pink card and his name appears on the crew manifest for the boat he is on.
Senior officials from frontline agencies, meanwhile, noted to Human Rights Watch that government victim identification efforts often focus on the more overt or objective conditions of exploitation, such as forcible confinement or physical mistreatment. In some cases, assessments rely only on superficial efforts to identify victims of abuse, such as seeing whether workers present indications of physical mistreatment.
Labor inspectors need better tools and training to help them investigate employer practices and working conditions to spot indicators of forced labor. Adequate resources, especially trained inspectors, screening tools, and more interpreters, need to be made available to key government agencies such as the Department of Labour Protection and Welfare and the Department of Employment, which both operate under the Ministry of Labour.
Recruitment into the fishing industry should be fair. Employers, not workers, should be responsible for paying recruitment costs. Third parties providing migrant workers to fishing boats should be regulated effectively by ensuring that brokers are licensed, operating through formal recruitment channels, and closely monitored to ensure they comply with clearly established rules preventing extortionate recruitment fees. Workers are entitled to written copies of employment contracts in a language they understand. Employers should be required to fully explain to workers their rights and the terms and conditions of work before they sign a contract.
Migrant workers should be able to access identity documents, leave employment, and change employers freely. They should have adequate rest and work in safe and acceptable conditions, in line with applicable regulations. Vessel operators need to comply with Thai health, safety, and welfare standards.
The government should also better engage with nongovernmental organizations to inform fishers of their labor rights and work to provide remedies when abuses occur. The Labour Relations Act, B.E. 2518 (1975) should be revised to eliminate discriminatory requirements that only Thai nationals may establish unions or be elected to committees from which the union leader is selected. This provision prevents migrant workers from Burma, Cambodia, Laos, Vietnam, and other countries from asserting their rights to organize and collectively bargain for better wages and working conditions.
As Thai government reforms continue apace, international producers, buyers, and retailers of Thai foods have a prominent role to play in ensuring they do not benefit from forced labor. They should be actively encouraging the Thai government and fishing industry to establish a rights-respecting culture that will result in the eradication of widespread forced labor in the fishing sector.
Interviews with trafficking survivors and workers were supplemented by additional interviews with vessel operators, skippers, and industry leaders, as well as representatives from civil society groups, international organizations, and key Thai government agencies.
Research aimed to explore how work at sea varies according to the type of fishing vessel and business model. Interviews were conducted with crew working aboard vessels that used various types of fishing gear, including trawlers, seiners, falling and gill netters, dredgers, and crab trappers.
Human Rights Watch interviewed some trafficking survivors at government shelters with the permission of the Ministry of Social Development and Human Security. Wherever possible, we conducted interviews in secure locations arranged by local organizations. Interviews were conducted in Thai, Burmese, and Khmer, with some interviews being conducted without interpretation in a second or first language (typically Thai) common to both the interviewer and the interviewee.
The names of all workers and trafficking survivors used in this report are pseudonyms and, in some cases, additional identifying information has been withheld or changed to protect them from possible retaliation from employers or local government officials. The images of workers included in the report do not represent victims of forced labor or individuals interviewed during this research. No compensation was provided to interviewees in exchange for information. To facilitate frank discussions about sensitive issues, Human Rights Watch agreed to conduct interviews with industry representatives and government officials on condition of anonymity, unless otherwise noted.
All interviews were conducted with the informed consent of the individuals involved. Subjects were informed that they could decline to answer questions or end the interview at any time. Interviews followed sets of guiding questions developed by Human Rights Watch and the consultant. Lines of inquiry were determined by the interview context and the specific experiences of the interviewee. The challenging environments in which some interviews were conducted meant it was not possible to standardize questions in interviews with all 248 subjects.
Combinations of indicators among 34 interviews were examined under this framework in order to identify instances of forced labor based on the ILO methodology.[11] Insights from this process are summarized in Section VI of the report. The findings related to this portion of the research are not representative of employer practices, terms of employment, working conditions, or forced labor prevalence at the national or sectoral level.
The research had several limitations. Work on different types of fishing boats varies according to fishing method, productivity and yield, weather and sea conditions, season, and, in some cases, lunar phase. For this reason, it was not possible to interview fishers working aboard a representative selection of vessels at any given port during any single research trip. Further, Human Rights Watch interviewed comparatively few men (39 individuals) who had worked aboard long-haul overseas fishing vessels; none of those individuals were still working in the sector at the time of interview. Few fishers from long-haul vessels are included because many of these men are overseas for years and return infrequently to Thai ports. This factor was compounded by government reforms that have significantly reduced the number of overseas boats in operation.
In addition, specific lines of inquiry regarding worker exploitation and responsibility for rights abuses in some interviews (conducted in port areas, aboard vessels, and, to a lesser extent, in government shelters) could not be pursued due to the confirmed or suspected presence of senior crew, including more experienced migrant workers who work as boatswains and often are close confidants of skippers, or government officials. The presence of boatswains (who, in some cases, are involved in the exploitation of other workers) in some focus groups may also have affected the responses provided during those interviews.
In 2011, Saw Win, 57, migrated to Thailand to find a job, hoping to earn money to send to his family in Burma.[12] He told Human Rights Watch that he traveled with a broker he had met in the town of Kawthaung at the southern tip of Burma, who said he would get him across the border and secure a food processing job that would pay 150 baht (US$4.50) a day. However, once he reached the Thai side of the border, Saw Win was put in the cargo bed of a truck, sandwiched between other undocumented migrants. It was difficult to breathe, especially when smugglers covered them with tarpaulin to hide them from police checkpoints. The other migrants hit him on the head and told him to lie still when he fidgeted.
One night, Saw Win decided to jump overboard near the Malaysian coast. Luckily, another passing Thai purse seiner plucked him from the water and concealed him on the boat. Soon afterward, he set foot in Malaysia, his first time on land in almost two years.
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