LEGAL MEASURES TO PREVENT HUMAN RIGHTS INFRINGEMENT IN THE PRODUCT SUPPLY CHAIN: A FOCUS ON THAI FISHERY INDUSTRY
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Published:
Feb 19, 2018
Keywords:
human trafficking forced labor human rights human rights infringement human rights abuse fishery industry Thai fishery industry business transparency corporate transparency transparency in supply chain
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Abstract
The risks of trafficking and slavery in production supply chain are significant and widespread. Particularly in the fishing sector as an industry which involves multiple parties from many different sources in its production line, it is highly possible to have labor issues at all levels of the supply chain. The Thai fisheries industry, both fishing and processing sector, is significant to Thailand’s economy; however, the human rights infringement is currently being emphasized as a condition of fishery products trading in the international markets, which is an important problem that Thailand is questioned on human rights infringement in the country’s business operations.
According to the existing legal measures in Thailand, the preventive measures concerning human right infringement in business, particularly in fishery industry are upon the State. The existing Thai laws and regulations, merely criminal sanctions, are applicable as a legal mechanism to punish who violates law. However, it is clear that the capacities of the State to protect human rights have not kept pace with the expansion of global economic activity .
Thus, Thailand should improve the legal mechanisms to monitor and observe the business operation e.g. disclosing the measures companies taken for human rights due diligence, increasing corporate transparency, empowering and educating consumers
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References
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Maryanov, Debra Cohen. "Sweatshop Liability: Corporate Codes of Conduct and the Governance of Labor Standards in the International Supply Chain." Lewis & Clark Law Review, 2010: 397.
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California Transparency in Supply Chains Act of 2010
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FAO-OECD Guidance for Responsible Agricultural Supply Chains 2015
Fisheries Act, B.E. 2558
Good Labor Practice (GLP) for Thai fisheries and seafood industry International Guidelines on Business and Human rights Labor Protection Act, B.E. 2541
Modern Slavery Act 2015 (MSA) OECD Guidelines for Multinational Enterprises Order of the Head of the National Council for Peace and Order (NCPO) No. 10/2558: Actions against Illegal, Unreported and Unregulated Fishing Ministerial Regulation concerning Labor Protection in Sea Fishery Work B.E. 2557
Protocol of 2014 to the Forced Labor Convention, 1930 Thai Labor Standard Corporate Social Responsibility of Thai Business 8001-2010 (TLS 8001-2010) Securities and Exchange Act B.E. 2535
Basu, Ron. Managing Project Supply Chains. Gower, 2011.
Brown, Michael J Maloni & Michael E. "Corporate Social Responsibility in the Supply Chain: An Application in the Food Industry." Journal of Business Ethics, 2006: 35-52.
David Crowther, Güler Aras. Corporate Social Responsibility. 2008.
De Silva, D.A.M.. Value chain of fish and fishery products: origin, functions and application in developed and developing country markets. Rome: Food and Agriculture Organization, 2011.
Eckert, Sophia. "The Business Transparency on Trafficking and Slavery Act: Fighting Forced Labor in Complex Global Supply Chains." Journal of International Business and Law, 2013.
Harland, C.M. "Supply Chain Management, Purchasing and Supply Management, Logistics, Vertical Integration, Materials Management and Supply Chain Dynamics." In The Blackwell Encyclopedic Dictionary of Operations Management, by N. Slack (ed.). Blackwell, 1996.
Jimmy Donaghey, Juiliane Reinecke, Christina Niforou, Benn Lawson. "From Employment Relations to Consumption Relations: Balancing Labor Governance in Global Supply Chains." Human Resource Management, 2014: 229-252.
Jordan, Ann. Slavery, Forced Labor, Debt Bondage, and Human Trafficking: From Conceptual Confusion to Targeted Solutions. American University Washington College of Law, 2011.
Kevin Coon, Cynthia Jackson, et al. "Managing Corporate Supply Chains: Challenges & Successes in the Fight to Combat Forced Labour and Human Trafficking." Baker & McKenzie (Baker & McKenzie), 2014: 19.
Lieberman, Michael M. "The Ruggie Principles on Business and Human Rights: How Companies Can Prepare." Rocky Mountain Mineral Foundation Journal, 2011: 271.
Mares, Radu. "The limits of supply chain responsibility – A critical analysis of CSR instruments." Nordic Journal of International Law, 2010: 193-244.
Maryanov, Debra Cohen. "Sweatshop Liability: Corporate Codes of Conduct and the Governance of Labor Standards in the International Supply Chain." Lewis & Clark Law Review, 2010: 397.
Onoora, Poungthong. National Coordination and Implementation of Port State Measures in Selected States in the Southeast Asian Region. 2014.
Sonja Vartiala, Henri Purje, et al. Cheap Has a High Price. Finnwatch, 2013.
Caught at sea : forced labour and trafficking in fisheries. Geneva: International Labour Organization, 2013.
Compliance is Not Enough: Best Practices in Responding to The California Transparency in Supply Chains Act. Verité, 2011.
Convention concerning the Abolition of Forced Labor. International Labour Organization, 2015.
Chris Kelly, Felicity Lawrence, Kate Hodal. "Revealed: Asian slave labour producing prawns for supermarkets in US, UK." The Guardian, June 10, 2014.
Developing a Regulatory Regime for Aquaculture Product. Atlantic Canada Fish Farmers Association, 2012.
Department for Transport, Home Office, Department of Trade and Industry. Supply Chain Vulnerability. Cranfield University School of Management, 2002.
Estimating Labor Trafficking: A Study of Burmese Migrant Workers in Samut Sakhon, Thailan. UNIAP, 2011.
Foreign Office, The Government Public Relations Department, Office of the Prime Minister, Anti-Human Trafficking as Part of Thailand’s Reform Agenda (2015), http://thailand.prd.go.th/ewt_news.php?nid=977&filename=index (last visited Apr 29, 2015).
Fisheries of the United States 2010. National Marine Fisheries Service, 2010.
Fishing and Aquaculture. Amherst, MA: Verité Headquarters, 2015.
Global Report on Forced Labour In Asia: debt bondage, trafficking and state-imposed forced labour. International Labour Organization, 2015.
Information on the Tackling of Human Trafficking Issue in the Thai Tuna Industry. Thai Tuna Industry Association , 2015.
International Labour Organization. Employment Practices and Working Conditions in Thailand's Fishing Sector. 2014.
Labour Conditions in Thai Fisheries and Food Processing Industry: Challenges and Solutions. Seafish, 2014.
Laurence Loubieres, Larysa Metanchuk. Forced Labour and Slavery in the Thai Shrimp Industry. 2015. http://www.sustainalytics.com/forced-labour-and-slavery-thai-shrimp-industry (accessed April 29, 2015).
Olivier De Schutter, Anita Ramasastry, Mark B. Taylor, Robert C. Thompson. "Human Rights Due Diligene: The Role of States." 2012.
Profits and Poverty: The Economics of Forced Labour. Geneva: International Labour Organization, 2014.
Royal Thai Embassy. "2014 Snapshot of Thailand’s Key Efforts to Combat Human Trafficking and Forced Labor." Royal Thai Embassy. 2014. http://www.thaianti-humantraffickingaction.org/ (accessed April 29, 2015).
Reuland, Thomas. "A Revised Approach to Reducing Labor Abuses and Human Trafficking." Second Annual Interdisciplinary Conference on Human Trafficking. 2010.
SAGE Brief Guide to Corporate Social Responsibility. SAGE Publications, 2012.
SLAVERY AT SEA: The Continued Plight of Trafficked Migrants in Thailand's Fishing Industry. Environmental Justice Foundation, 2014.
Stopping forced labour: global report under the follow-up to the ILO Declaration on fundamental principles and rights at work. International Labour Organization, 2001.
The State of World Fisheries and Aquaculture 2012. Food and Agriculture Organization of the United Nations, 2012.
Trafficked: Human rights Abuse in the Seafood Industry. FishWise, 2013.
Trafficking and Forced Labour of Thai Males in Deep-sea Fishing. Bangkok: Mirror Foundation, 2011.
Viederman, Dan. "Supply chains and forced labour after Rana Plaza." The Guardian, April 24, 2014.
U.N. Office of the High Commissioner of Human Rights [OHCHR], Guiding Principles on Business and Human Rights, U.N. Document HR/PUB/11/04 (2011)
http://www.ohchr.org/Documents/Publications/GuidingPrinciples BusinessHR_EN.pdf (accessed October 14, 2015)
Affolder, Natasha. The Legal Concept of Sustainability. Faculty of Law, University of Calgary, 2012.
Doubossarskaia, Elizaveta. CA Transparency in Supply Chains Act: Can It Stop Worker Abuses Among Suppliers in the Developing World? MA Thesis, University of San Francisco, 2012.
Dubay K., Tokuoka S., and Gereffi G. A Value Chain Analysis of the Sinaloa, Mexico Shrimp Fishery. Duke University, 2010.
Europa.eu. Combating illegal, unreported and unregulated fishing. 2015. http://europa.eu/legislation_summaries/maritime_affairs_and_fisheries/fisheries_resources_and_environment/pe0005_en.htm (accessed June 30, 2015).
European Commission. "EC Regulation 1005/2008 to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IUU) Fishing." 2015. http://ec.europa.eu/
fisheries/cfp/illegal_fishing/info/information_note01_en.pdf .
Gregory, Holly J. "Corporate Social Responsibility." n.d. http://us.practicallaw.com/0-562-1565.
International Labour Organization. "Overview: International Labour Standards ." Slide Share. December 2, 2014. http://www.slideshare.net/iamerika/overview-international-labour-standards-ils.—. "THE PROTOCOL to the Forced Labour Convention." 2015. http://www./wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/_321414.pdf.
UNODC. Human trafficking: people for sale. 2015. http://www.unodc.org/toc/en/
crimes/human-trafficking.html. Verité. Fish. n.d. http://www.verite.org/Commodities/Fish (accessed April 29, 2015).
Anti-Trafficking in Persons Act, B.E. 2551
California Transparency in Supply Chains Act of 2010
Code of Conduct for Responsible Fisheries Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (EU Directive) Draft of Business Supply Chain Transparency on Trafficking and Slavery Act of 2014
FAO-OECD Guidance for Responsible Agricultural Supply Chains 2015
Fisheries Act, B.E. 2558
Good Labor Practice (GLP) for Thai fisheries and seafood industry International Guidelines on Business and Human rights Labor Protection Act, B.E. 2541
Modern Slavery Act 2015 (MSA) OECD Guidelines for Multinational Enterprises Order of the Head of the National Council for Peace and Order (NCPO) No. 10/2558: Actions against Illegal, Unreported and Unregulated Fishing Ministerial Regulation concerning Labor Protection in Sea Fishery Work B.E. 2557
Protocol of 2014 to the Forced Labor Convention, 1930 Thai Labor Standard Corporate Social Responsibility of Thai Business 8001-2010 (TLS 8001-2010) Securities and Exchange Act B.E. 2535