The Thai government is on the verge of implementing the first update to its fisheries act since the law’s creation in 1947.
The new amendment improves port-state measures, and introduces serious and deterrent sanctions, including a maximum fine of BHT 30 million ($890,000) for IUU fishing.
The move to better reflect current industry realities, as put by the Thai government, amends Fisheries Act B.E. 2558 and is set for implementation on June 27.
It comes amidst a general effort by the government to gain control over problems of forced labor and human trafficking in Thai waters.
The government established 28 “port in port out controlling centers” in coastal provinces nationwide “to improve monitoring and control surveillance” as of May 6, the Royal Thai Embassy in Washington D.C. told Undercurrent News.
A spokesperson for the Royal Thai Embassy in Washington D.C. told Undercurrent the amendment comes due to a commitment by the government to make changes.
Many governments have tried before, but it’s high time to amend it, the spokesperson said.
It is an understatement to say changes to Thailand’s surveillance of its seas don’t end there. The most significant of these efforts have already been splashed all over international media through coverage of the navy’s efforts to help stranded migrants at sea and its discovery of massive human trafficking camps along the border with Malaysia.
The Thai navy is bringing aid to stranded migrants in the Andaman Sea and those found in massive human trafficking camps this spring — an effort the Thai Embassy said is separate from the illegal fishing problem.
When it comes to IUU efforts, as of May 1, Thailand’s National Council for Peace and Order established the Combating Illegal Fishing unit, set to directly report to prime minister Prayut Chan-o-cha, and the government is in the process of finalizing its National Plan of Action to Combat, Deter and Eliminate IUU Fishing, which outlines strategies to tackle IUU fishing systematically. The latter needs to be endorsed by the Thai cabinet before the Thai government works with stakeholders to implement it.
When pressed by Undercurrent, the spokesperson said these efforts are not simply an attempt to come into compliance with US and EU demands, but are rather an enhanced attempt to address long-standing problems.
The EU issued a warning — a so-called yellow card — to Thailand in April, warning that it will impose trade sanctions unless Thailand addresses IUU in its waters. The EU will review the situation again in October.
Then there is the fast-approaching US State Department’s trafficking in persons (TIP) report due in June, which is a separate but related issue. In its 2014 TIP report, the US downgraded Thailand to a tier-3 nation.
The EU’s yellow card could result in trade sanctions if Thailand doesn’t make headway to clean up its fisheries monitoring, an effort the US 2014 TIP report determined to be woefully inadequate.
Thailand expects the EU to provide another six months beyond October to fix problems before making its final determination, a spokesperson for the Royal Thai Embassy in Washington D.C. told Undercurrent News.
The 2015 TIP report determination coming in June is more symbolic, as it does not determine official trade limitations, and Thailand cannot get a downgrade this year since it is already at the lowest level.
Human trafficking aid coming
The IUU crack-down comes amidst numerous reports of an intergovernmental crack-down on human trafficking by Thailand, Malaysia, and Indonesia. Among the events receiving considerable press is the discovery of mass grave sites in human trafficking camps on both sides of the border between Thailand and Malaysia, with 139 grave sites discovered last Monday, according to multiple media outlets, including Reuters.
The Thai government held an international meeting on Friday to discuss how to address the humanitarian needs of migrants that have been found adrift in the Andaman Sea. This particular form of human need is separate from the issue of human trafficking in the fishing industry, however, the spokesperson told Undercurrent, although in May 14 Star Tribune report, hundreds of desperate migrants from Myanmar were found adrift in wooden fishing boats in the Andaman Sea.
If those involved in IUU fishing are also involved in human trafficking, there would be an additional criminal case charged, Thailand’s central government said in a statement emailed to Undercurrent via the Thai Embassy.
Prime minister Prayut Chan-o-cha, who seized power through a military take over of the previous administration, has made firm public statements recently to the Bangkok Post and CNN on his stance against human trafficking.
It is unclear whether efforts this spring to curb human trafficking will influence Thailand’s status with the US State Department. The deadline set by the US state department for submissions on its TIP report, coming in June, was Jan. 20.
Embassy reports progress in fight against human trafficking in fishing
The embassy reports some successes on human trafficking crack-down in the fishing industry, according to the Thai Embassy.
Since September of 2014, Thailand’s Department of Special Investigation has investigated four human trafficking cases. The first case, involving three victims, resulted in the arrest of four defendants.
In the second case, Thailand arrested five human trafficking brokers, and of the seven victims identified, five returned to Thailand April 9. The other two cases are under further investigation.
Yet some media reports continue to raise questions about what side Thai officials are truly on in this fight.
The Bangkok Post on May 20 reported cited a migrant stating that the Thai navy threatened to shoot the migrants after giving them provisions if they did not leave shore within 10 minutes.
The Thai embassy denied the allegations when questioned by Undercurrent.