Taking note of the plight of the Vietnamese migrant workers in the wake of the COVID-19 pandemic, the Vietnamese government recently passed the newly-revised Law on Contract-Based Vietnamese Overseas Workers with the aim of strengthening the protective measures for the migrant workers. On the occasion of the International Migrants Day on December 18, the ILO (International Labour Organization) hailed the efforts made the Vietnamese authorities to reinforce the protection of the migrant workers.
As per media reports, the National Assembly passed the law on November 13 in a bid to improve the previous laws to better protect migrant workers. The law is said to come into effect on January 1, 2022.
According to the ILO, the new law will effectively remove brokerage commissions which the migrant workers have to pay to recruitment agencies as well as exempt them from paying service charges for using public or non-profit entities for migrating to foreign countries.
It will protect migrant workers from any form of labour exploitation such as human trafficking and forced labour.
While the new law retains several costs chargeable to migrant workers for recruitment agencies such as deposits and service charges, it has set ceilings on the amount chargeable to the labourers in a bid to help them in making an informed decision about job prospects.
Prohibiting any form of discrimination or forced labour, the law also allows those workers who have faced harassment, threat, maltreatment, or any form of forced labour to terminate their contract without any financial penalty.
The licence of the recruitment agencies can also be revoked if they are found guilty of using any misleading or deceitful ways to recruit workers to migration to other countries. They are also required to create awareness about the skills necessary for preventing forced labour or gender-based violence among migrant labourers before their travel abroad.
ILO’s Regional Labour Migration Specialist, Nilim Baruah, hailed the Vietnamese Government for its efforts to prevent forced labour and reducing recruitment fees and other related costs illegitimately charged to migrant workers.
The ILO added that the passing of the Law on Contract-Based Vietnamese Overseas Workers is a crucial step in empowering all Vietnamese migrant workers.
Earlier this week, Thai police reported the arrest of six people including a local mayor, for trafficking five Myanmar migrant labourers onto fishing vessels and pushing them into bonded slavery. The operation conducted by the federal Department of Special Investigation was conducted as an attempt by the South Asian state to tack and nab the human trafficking practices, which have become part of the corrupted supply chains in its multibillion-dollar seafood sector.
“After they collected the first catch they ripped off the crew,” assistant commissioner-general of Thailand’s police force, Lt-Gen Jaruwat Waisaya, said. “The aim was to sink the workers into a cycle of debt where they have to keep working to pay it off,” he added,“Don’t think that we don’t know what you’re up to … we will continue to bring criminals to justice so Thailand can be free of human trafficking and this evil of labor exploitation,” Jaruwat said.
Thailand has been facing the issue of trafficking and debt bondage in its fishing industry for past many years. The issue rose to global concern especially after the Associated Press did an extensive report over the matter in 2016, which even won Pulitzer-Prize. The report exposed the level of abuse subjected to the country’s migrant labor employed in its seafood sector, the seventh largest in the world. It is known for supplying tuna, shrimp and pet food to global supermarkets.
In response to the report, European union also issued a warning, threatening the Kingdom to ban its imports, if it continued its inaction towards apparent human trafficking and bonded labour. The EU lifted its threat in 2019 but the recent episode showed there still exits exploitative loopholes in the country’s extensive supply chain.
With regard to the recent arrests, Andrew Wasuwongse of International Justice Mission said, “Gaps still remain, but in our experience working with Thai government partners within the criminal justice system, the government is working to improve the system and extend more effective protection to victims.” The International Justice Mission is an NGO which works towards eliminating slavery in the seafood industry. It was information provided by the organisation that led to Tuesday’s arrests.
“Today’s arrest demonstrates the power of the law can be brought to bear to protect migrant workers in Thailand, who are among the most vulnerable and powerless,” Wasuwongse added. “More so when their employer is a powerful businessman with an official position in the local government.”
This arrest throws light over Thailand’s notorious ports and their workings which many activists are shielded by dodgy boat operators who hide the identities of crew members, the volume of catches and the true ownership of the vessels. Usually only low-level brokers or boat crew are arrested in cases of abuse and human trafficking. Catching big fish need to be the target.
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