http://www.bangkokpost.com/Perspective/01Jun2008_pers005.php
NHRC Recommendations
Death is a fact of life, but the premature death
of undocumented workers is quite avoidable if we learn from past shortcomings,
writes SUPARA JANCHITFAH
The death of 54 Burmese migrant workers in
April still lingers in the media spotlight, but it won't be long before the
story fades from public attention. Before that happens we should ask ourselves
this question: Have we learned enough from this horrible incident to prevent
ones like it in the future?
In recent years there have been a large
number of accidents involving people who crossed over into Thailand looking for
work in which the job-seekers were killed, injured or disappeared due to the
negligence of employers or brokers paid to arrange the journey.
In fact there are a lot of measures already
in place to prevent such avoidable tragedy, but few of those responsible pay
any attention to them.
Recently the National Human Rights
Commission (NHRC) office issued some new observations and preventive
recommendations based on its investigation of a case which resulted in the
death of a number of fishermen working on fishing trawlers based in Samut Sakhon province in 2006.
Of the 39 who died miserably, nine were
Thai and the rest Burmese. Two were buried on Indonesian soil, 36 were thrown
overboard along the way from the
The testimony of the 61 survivors to the
NHRC revealed a range of inhumane acts perpetrated on them. Along with
relatives of the deceased they engaged in a year of negotiations with the
owners of the commercial fishing boats. When the owners refused to pay
compensation to the relatives or the wages of the survivors, they finally
sought help from the Legal Rights Protection Network (LPN). The NGO helped them
to file charges against the six trawler owners.
The fleet, operated by a family-owned
company, Praphasnavee, sailed from Mahachai in Samut Sakhon province in 2003 with a crew of 100, mainly Burmese
workers who were given false documentation under fake Thai names.
The workers were supposed to take 45-day
rotations in Indonesian waters, but instead many of them spent 35 months on
board the vessels working long shifts with only a few hours of sleep in
between, and without ever setting foot on land.
The six trawlers had permission from the
Indonesian government to fish in Indonesian waters for two years. The seamen
were resupplied monthly with food and fresh water by boats which also took
their frozen catch back to port. After the two-year permit expired an
application for renewal was made. However, in this period the supply ships did
not come, and the seamen were left with no fresh food
or water for more than two months. As they had little money to buy supplies
from other ships, they began to get sick and die. Survivors testified they ate
only smelly rice, with no vegetables or other food.
When the weakened survivors finally
returned to Mahachai in July 2006, most were paid
only 3,000 baht.
The trawler owners continue to deny any
wrongdoing. The case is presently under court trial.
Before resorting to the courts, the
affected people made many efforts to have concerned agencies negotiate with the
owners, but to no avail. The NHRC stepped in last year to conduct its
investigation.
Noting that most Thais shun work in the
fishing industry, the NHRC recommended that the government should grant
permission for foreign workers to work in this business, thus allowing them to
be documented. Otherwise the fleet owners will continue to use undocumented
workers who would be deprived of their rights and protection under Thai and
international law. At present they cannot access the justice system when they
encounter any problems because of their undocumented status.
Other recommendations of the NHRC include:
1. The government should revoke item 10 in
the Labour Ministerial regulation B.E 2541 (1998),
which states that groups of less than 20 workers in the fishing business are
not protected under the regulation. The government should stipulate measures to
protect crewmen within and outside Thai waters.
2. The government should revise its
measures in registering fishing operators, and maintain a sufficient database
on their employees.
3. The government should improve laws and
regulations that are related to the nature of the business. For example, work
permits should be longer than one year. The government should stipulate that
the fleet owners must keep clear and accurate records. There should be clear
documentation on outbound and inbound fishing boats.
There should be a special incentives and
welfare mechanisms for those who work in the fishing industry, in accordance with
Thai and international law.
4. The government should have measures to
protect crewmen and their families in the case of sickness and accident and
other difficulties related to their work. There should be measures in place to
allow families to easily access the justice system.
5. There should be a special committee
comprised of representatives of concerned state agencies, fishing industry
workers and the private sector (i.e. boat owners) to deal with troubles that
might arise on the job. This committee would facilitate and assist concerned
parties, hopefully precluding the need for litigation. The NHRC noted that
trials are time consuming and tend to deprive these workers justice.
6. The government should amend the
Immigration Acts B.E 2522 (1977) to provide clear guidelines for protection of
migrant workers.
It should be noted that there are also a
number of recommendations which the NHRC has included in its argument for
ratification of the 1990 UN Convention on the Rights of All Migrant Workers and
Members of Their Families.