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a high concentration of migrant workers; (2) Civil society organizations, consisting of the
Labor Rights Promotion Network Foundation (LPN), the Migrant Workers Rights Network
(MWRN), and the Civil Society Network on Migrant Workers and Labor in the textile industry
in the northern region; (3) representatives of the Fisheries Association including the Thai
Fisheries Justice Network Association, Samut Sakhon Provincial Fisheries Association, Trat
Provincial Fisheries Association, Bang Saphan Fisherman's Association, Prachuap Khiri Khan
Province and the Fisheries Association of Pattani Province; (4) Human Rights Watch (HRW)
; and (5) migrant workers in the fishing industry. The committee conducted an analysis of the
aforementioned facts, and deliberated the information together with the provisions of the law
and human rights principles and would like to address two issues as follows:
2.1 Does the Thai fishing industry use child labor and forced labor? If yes, how?
Considering that, in general, the problem of labor rights violations in the Thai fishing
industry is a feature of the Labor Protection Act B.E. 2541 (1998), the Labor Protection Act in
Fisheries B.E. 2562 (2019) and the Royal Ordinance on Fisheries B.E. 2558, the three laws are
related and connected in terms of their enforcement. The nature of the problem arises is cases
related to recruitment, employment contracts, preparation of seafarers' books, overtime pay,
holiday pay and holiday overtime pay, welfare and benefits, holidays and breaks periods,
change of employer or job description, workplace safety and health protection. These have
been the issues that arise both in the case of working on fishing boats and in continuous
operations.
On the use of child labor, the Labor Protection Act B.E. 2541 (1998) prohibits
employers from employing children under the age of 15 as employees. In the case of employing
a child under 18 years of age as an employee, the law requires employers to strictly adhere to
the prescribed rules. In regards to marine fisheries, the Ministerial Regulation on Labor
Protection in Marine Fisheries B.E. 2557 (2014) that is issued under the Labor Protection Act
B.E. 2541 (1998) clearly states that employers are prohibited from employing an employee
under the age of 18 to work on a fishing boat. The investigation found that the problem of child
labor in the Thai fishing industry has decreased. In 2020, there was no information about
offences on fishing boats. However, the problem remained in the fisheries and service sector.
For example, the Labor Protection and Welfare Office in the Prachuap Khiri Khan Province
found that employers were employing child workers under the age of 15 years and imposed
underage workers, under the age of 18 years, working from 10:00 p.m. – 6:00 a.m. which is an
offense under the Labor Protection Act B.E. 2541 (1998). The case is in the process of the Pak