Thai government condemned in annual US human trafficking report
US downgrades Thailand to lowest ranking in human trafficking index for 'systematic failure' to prosecute slavers
Felicity Lawrence and Kate Hodal
The Guardian, Friday 20 June 2014 13.59 BST
'Trash fish' used in the fishmeal fed to prawns is unloaded at a Thai dock
Despite frequent media reports of slavery in the Thai fishing industry the Thai government is still failing to investigate or prosecute offenders, the US report says.
In January this year the Thai embassy in Washington signed a $400,000-plus deal with leading US law firm Holland & Knight. The money was for lobbying to persuade the White House, Congress and US departments of state and defence that Thailand is a country that fights human trafficking and forced labour.
It seems not to have been money well spent.
On Friday Thailand was downgraded to the lowest ranking in the state department's annual report on Trafficking in Persons. The money invested in lobbying therefore represents both a defeat and a serious embarrassment for the Thai authorities.
Link to video: Globalised slavery: how big supermarkets are selling prawns in supply chain fed by slave labour
In truth though, it has looked in recent weeks like the Thais were resigned to this US condemnation. Earlier this month, Thailand was the only government to vote against ratifying a new treaty to stop forced labour drawn up by the UN's International Labour Organisation.
A couple of days later days the law firm emailed a clarification on behalf of the Thai embassy – Thailand had voted against because it was not sure it could implement the treaty, but it would adopt it anyway.
Bangkok's failure to get to grips with the gross exploitation of workers was laid bare in the recent Guardian investigation which found that slaves are being used on Thai fishing boats that serve the global prawn industry.
Some of the revelations – summary executions, 20-hour days with no pay, men traded among boat owners like animals for a few hundred pounds – beggared belief. If US minds were not already made up, this was further convincing evidence in favour of a downgrade.
The downgrading of countries that are American allies is always a subject of debate, however, according to former US anti-trafficking ambassador Mark Lagon.
Behind the scenes US embassies in the countries' and regional bureaus will have been arguing that the US has "other equities than human rights" in countries such as Thailand and Qatar, he said. Whether the US can afford to be candid about governments in turmoil and facing anti-coup demonstrations, such as Bangkok's, will also have been a factor.
"Clearly there will have been intense debate about whether Thailand or Qatar deserve a downgrade and questions around the valuable relationship the US has with its strategic partners," Lagon said.
With such partners, economic sanctions that could be triggered by a tier 3 ranking are often waived, so that the impact comes instead from the attached moral stigma – particularly for a country like Thailand that openly promotes itself as a relaxed tourist destination.
The downgrade will be seen as a "confirmation of loss of face" for the Thai government, says migrant rights expert Andy Hall, but it is important to note that this "face [was] lost a while ago now".
"A tier 3 status for Thailand is called for as acknowledgement of the severity of the human trafficking situation in Thailand and failure of successive administrations to address the breakdown in rule of law and migration policy that have led to this poor situation," he says.
The Thai government has issued numerous statements in the last week proclaiming its expectation for an upgrade, claiming that it has "tackled the human trafficking problem" in Thailand. As proof, it points to the creation of government task forces and higher prosecution and conviction rates than last year.
But in its analysis of Thailand's anti-trafficking progress, the state department was just short of scathing.
The report cites corruption "at all levels" as impeding significant headway and claims that anti-trafficking law enforcement remains insufficient compared with the overall scale of trafficking and slavery. It also states that, despite frequent media and NGO reports detailing instances of trafficking and slavery in sectors like the fishing industry, the government has "systematically failed" to investigate, prosecute or convict boat owners and captains, or even officials, complicit in the crimes.
The document also describes "credible reports" of corrupt officials engaging in commercial sex acts with child trafficking victims, colluding with traffickers, and protecting brothels. And it pointed to separate criminal defamation suits filed against individuals like Andy Hall – who documented trafficking violations in a food processing factory – and two journalists who published excerpts of a report on the trafficking of Rohingya refugees (and the Thai Navy's alleged involvement), as possibly "silencing" other activists and media.
The company identified by the Guardian as having slaves in its prawn supply chain, Charoen Pokphand Foods (CP), also moved this week to defend its position.
Shares in Thai seafood companies had already fallen on the Thai stock exchange amid news that Europe's largest retailer, Carrefour, together with Norwegian supermarket chain Ica, has stopped purchasing its products added to pressure.
CP's chairman Dhanin Chearavanont wrote publicly condemning "all aspects of human trafficking and slavery" and said he had personally instructed his company to stop buying fishmeal from suppliers suspected of sourcing from slave boats. He added that the company wanted to work with the Thai government and with independent NGOs to audit the supply chain and rid it of slavery.
With powerful connections to top-level politicians in Thailand, and listed by Forbes as the country's wealthiest man, the billionaire's acknowledgement of the problem was seen as essential by local campaign groups to any real progress. Dhanin also met David Cameron in Downing Street last year, although the visit was not recorded in the prime minister's list of official meetings.
Human rights activists remained sceptical that slavery would be tackled in the absence of clear details from the Thai government and the industry of what action they would take.
Phil Robertson, deputy director, Asia Division, Human Rights Watch said: "The Thai industry has looked the other way for so long on abuses in Thailand's fishing fleets that I expect corporate monitoring of supply chains will fall far short of what is needed unless truly independent NGOs and representatives of the migrant fishermen themselves are at the centre of those efforts. And even then, it will be hard – because the use of trafficked persons is systematic and pervasive in these fishing fleets and there has been little political commitment from the Thai government to clean it up."
The International Transport Workers Federation (ITF) also argued that market-led solutions such as auditing and certification, which the Guardian found were often faked, would be inadequate on their own to eradicate abuse.
"Parts of this industrial model are predicated on modern slavery and we must work to pick this apart. It is critical that there is an immediate response from companies and that it includes respect for fundamental workers' rights such as freedom of association and the right to collective bargaining," Liz Blackshaw leader of the ITF programme on fisheries said.
In a statement the Thai government said it disagreed with the state department's decision but would continue to fight against trafficking. "In 2013, Thailand made significant advances in prevention and suppression of human trafficking along the same lines as the state department's standards," it said. "While the latest TiP report did not recognise our vigorous, government-wide efforts that yielded unprecedented progress and concrete results, Thailand remains committed to combating human trafficking. It is a national priority. Human trafficking is anathema to our nation's core values."