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Time for a Sea Change

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Time for a Sea Change TIME FOR A SEA CHANGE Why union rights for migrant workers are needed to prevent forced labor in the Thai seafood industry INTERNATIONAL LABOR RIGHTS FORUM MARCH 2020 INTERNATIONAL LABOR RIGHTS FORUM (ILRF) The International Labor Rights Forum is a Washington, D.C.-based human rights organization founded in 1986. ILRF is dedicated to 1634 I ST NW, SUITE 1000 advancing dignity and justice for workers in the global economy. WASHINGTON, DC 20006 USA Author: Kimberly Rogovin T: +1 202 347 4100 Reviewers: Elena Arengo, Judy Gearhart and Charlotte Tate [email protected] Data collection: Pattramon Sukprasert WWW.LABORRIGHTS.ORG Editing: Liana Foxvog Layout: Amy Thesing ACKNOWLEDGEMENTS ILRF would like to express sincere thanks to the following organizations who were interviewed for the case studies in this paper: the ITF-Fishers’ Rights Network (FRN), the Migrant Workers Rights Network (MWRN), and the State Enterprises Workers’ Relations Confederation (SERC). ILRF would also like to thank the individuals who provided extremely valuable information and insight for this paper: Prung Deesri, Benjamin Harkins, Jon Hartough, Jason Judd, Suthasinee Kaewleklai, Sawit Kaewvarn, Ussarin Kaewpradap, Nattawut Kasem, Aung Kyaw, Darian McBain, Sarah Mount, Anna Olsen, Robert Pajkovski, Jackie Pollock, Phil Robertson, David Rousseau, Ame Sagiv, Papop Siamhan, Chonticha Tangworamongkon, Sujira Thiensathaporn, and Roisai Wongsuban. The views in this paper do not necessarily reflect the views of these organizations or individuals. ILRF carried out this research with the support of Humanity United and The Freedom Fund. March 2020 COVER PHOTO: On May Day 2019, the State Enterprises Workers’ Relations Confederation brought together Thai trade unionists and migrant workers affiliated with the Southern Seafood Industry Workers Group and the Migrant Workers Rights Network to demand full rights to freedom of association and collective bargaining for migrant workers in Thailand. ©SERC 02 TIME FOR A SEA CHANGE TABLE OF CONTENTS I. INTRODUCTION ................................................. 05 II. UNDERSTANDING THE PROBLEM: FORCED LABOR OF MIGRANT WORKERS IN THE THAI SEAFOOD INDUSTRY ......................... 08 III. HOW TRADE UNION RIGHTS HELP PREVENT FORCED LABOR ..................................... 15 IV. IN-DEPTH: THE LACK OF TRADE UNION RIGHTS FOR WORKERS IN THAILAND .................................19 V. CASE STUDIES: WORKER ORGANIZING WITHIN THE CONSTRAINTS OF THE LAW ................. 30 VI. CONCLUSION & RECOMMENDATIONS ................... 42 ANNEX I: RECENT LEGAL AND POLICY REFORMS RELATED TO PREVENTING FORCED LABOR AND IUU FISHING .............................................. 50 ANNEX II: NUMBER OF LABOR UNIONS AND UNION MEMBERS IN THAILAND, 2018 ................. 52 ENDNOTES ....................................................... 53 03 Aerial view of fishing trawlers transshipping catch at sea, a practice sometimes associated with forced labor because it means workers remain at sea for much longer periods of time. ©Richard Whitcombe 04 TIME FOR A SEA CHANGE I. INTRODUCTION Trade union rights are central to preventing migrant-dominated labor sectors, such as seafood forced labor. Industries with strong trade union processing and fishing. representation have lower levels of labor abuse, child labor, forced labor, and human trafficking.1 In 2014, international media attention spotlight- In Thailand, where migrant workers are legally ing human trafficking and illegal, unreported, barred from forming their own unions, labor abuse and unregulated (IUU) fishing resulted in the and exploitation are endemic to the country’s threat of international trade sanctions and led the Members of the Fishers’ Rights Network — a democratic, representative union of fishers in Thailand — receive medical kits and health and safety training on a vessel docked in Ranong. ©Fishers’ Rights Network I. INTRODUCTION 05 Government of Thailand to undertake legal and significant limitations in joining existing unions policy reforms. However, widespread labor abuse or engaging in genuine collective bargaining.6 This of migrant seafood industry workers continues. is particularly problematic in migrant-dominated labor sectors, such as seafood processing and fish- This paper argues that reform will continue to fall ing, since there are almost never existing unions short for as long as migrant workers remain with- that could represent migrants’ interests.7 Thai work- out access to basic trade union rights. These fun- ers have the legal right to form their own unions, damental labor rights include freedom of associa- making the law explicitly discriminatory by creat- tion and collective bargaining, which give workers ing a different standard for migrant workers. the ability to form their own unions. Unions allow workers to negotiate for better working conditions Migrant workers also lack access to effective labor on an equal footing with employers, help vulner- complaint mechanisms and are further constrained by able workers protect themselves, and can enable the threat of prosecution and deportation for report- workers to influence the laws and policies that ing labor abuse by companies operating in Thailand. impact them. Without such rights, forced labor and human trafficking will remain prevalent in It is evident that migrant workers want to join the Thai seafood industry. unions and other civil society organizations for assistance responding to labor rights abuse.8 Union participation is desperately low among all Despite legal repression and discrimination, workers in Thailand. The country has a trade union migrant workers in Thailand have organized, both density of 1.6%, among the lowest of any country in into traditional unions led by Thai nationals as Southeast Asia.2 Thailand remains one of the three well as by forming their own organizations. As countries in the region that have not ratified either this policy paper shows, local and international ILO Convention 87 or 98 — the two core labor con- groups have supported seafood industry workers ventions governing workers’ fundamental rights in trying to organize into independent and repre- to association, organizing, and collective bargain- sentative organizations with the aim of achieving ing — despite the national and international labor their internationally-recognized rights to freedom movement’s demand for more than four decades.3 of association and collective bargaining. Through such organizations, migrant workers in Thailand Extreme worker rights violations are present may begin to see the benefits of organizing and throughout the Thai economy, with both Thai what can be achieved collectively as a group. workers and migrant workers facing repression and abuse. The government severely limits all Yet, these examples remain limited as workers workers’ ability to form and join unions, does not have been deterred by legal restrictions and the enforce collective bargaining, and prevents certain complexity of the law, employer retaliation, an workers from striking.4 In October 2019, the U.S. oppressive environment for trade unions in the government suspended $1.3 billion USD in prefer- country, and a lack of awareness among migrants ential tariffs for many Thai imports due to ongo- of the benefits of trade unions, with few examples ing worker rights violations in the country, partic- to point to in Thailand or their countries of origin. ularly weak protection for freedom of association Internationally-recognized labor rights are needed and collective bargaining.5 for all workers in Thailand to remove these barri- ers and allow unions to grow so that workers can The country’s nearly four million migrant workers protect themselves against abuse. from neighboring Myanmar, Cambodia, Laos, and Vietnam — 10% of the Thai workforce and com- This paper provides an overview of the problem prising a majority in several low wage industries of forced labor among migrant workers in the — are legally barred from forming unions and face Thai seafood industry (Section II). It explains how 06 TIME FOR A SEA CHANGE guaranteeing workers’ rights to freedom of associa- accordingly. In particular, call on the Thai tion and collective bargaining, as well as protecting government to remove explicit discrimina- the activity of trade unions, can prevent forced labor tion in the law and any barriers to migrant (Section III). The paper analyzes the legal restrictions workers realizing these rights. on freedom of association and collective bargaining . Buyers should involve worker-led organi- faced by all workers in Thailand, highlighting the par- zations in the process to draft, adopt, and ticular impacts on migrant seafood industry workers, enforce codes of conduct for seafood sup- and compares the rights and protections afforded to pliers that include provisions to ensure all workers who form registered labor unions, collective workers enjoy rights to freedom of associa- bargaining units, welfare committees, and employee tion and collective bargaining. committees as set out under Thai law (Section IV). The paper includes five case studies of recent efforts . Suppliers should recognize independent by migrant workers and supporting organizations to and representative migrant worker orga- organize, engage in collective bargaining, or improve nizations formed in their workplaces and workplace conditions (Section V). negotiate collective bargaining agreements with them in good faith. The final section provides recommendations to . All corporate actors
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