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 Indonesian Sea to the Gulf of Thailand, and one died on arrival at the port of Samut Sakhon. Many more sailors arrived injured and sick, some with vitamin deficiencies. Most of them did not get paid for two years.

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.

June 1, 2008