Thailand reverses ILO convention no vote, joins international labor rights consensus, Undercurrent News

Thailand reversed its initial no vote to the International Labor Organization’s (ILO) protocol Friday afternoon on the heels of statements of shock and outrage from the international community.

In doing so, Thailand joins the near-consensus that passed the protocol at the ILO convention against slave labor in Geneva, Switzerland on Wednesday in a vote of 437 for, 27 abstentions, and eight against. Four of the against votes had been from Thailand.

This comes amidst intense pressure for Thailand to give every public indication of its concern for human trafficking problems as the US State Department’s Trafficking in Persons (TIP) report release comes next week.

Thai official Patana Bhandhufalk, labor attache at Thailand Permanent Mission to the United Nations and other international organizations in Geneva sent a statement to the ILO governing body reversing the country’s stance on Friday.

“…We have decided to join the consensus in adopting the said protocol, bearing in mind our need to proceed in accordance with our domestic requirements,” Bhandufalk wrote in the statement.

The Thai delegation that attended the convention reversed its position after consulting further with the capital “at the policy level”, she said.

The delegation seems to have initially voted no on the protocol due to concerns over whether it was ready to implement it, according to Bhanufalk’s explanation to the ILO.

“Thai law provides all workers in Thailand with protection in relation to working conditions as well as related benefits regardless of nationality,” Bhandufalk wrote. “This includes protection against forced labor. Nevertheless, to adopt any specific instrument, we have to seriously consider our own readiness to implement such an instrument, in conformity with the entire instrument’s context and the relevant Thai laws.”

Other sources in Thailand told Undercurrent News that Thai bureaucracy did not think it was able to currently ratify protocol given the uncertainty of the country’s political regime, thereby making the vote “a procedural objection rather than a substantive one”.

A second source replied that this sounded like a face-saving explanation as the country backtracked on its ill-advised decision; that the delegation could merely have abstained rather than voting against.

One Thai source spoken to on Friday had warned Undercurrent there may have been a misunderstanding, which, it seems, may have been this procedural confusion.

Thailand’s government is currently in flux after the army declared martial law and then a military coup in May.

The reversal of the decision comes “given the importance of this issue, and our strong commitment to eliminate forced or compulsory labor,” Bhandufalk said.

Protocol brings labor rights efforts into new era

The ILO hails the passage of this new protocol, supported by a recommendation, as a step to bring the ILO Convention 29, adopted in 1930, into the modern era.

It is legally binding and requires governments to take measures to better protect workers, in particular migrant laborers, from fraudulent and abusive recruitment practices and emphasizes the role of employers and workers in the fight against forced labor.

Being legally binding means the protocol and the recommendation “go beyond pious words”, Ed Potter, committee employer vice chair said.

“This is a humanitarian moment, a human rights moment, and represents what the international business community stands for – respect for human rights,” he added.

By Jeanine Stewart & Neil Ramsden

Published on 14 June 2014