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Report on TTIA’s Labour Affairs 2017 – 2019 1 Report on Labour Affairs 2017-2019 Thai Tuna Industry Association (TTIA) founded in 2013 with the objectives to support tuna industry to follow the Association Policy under 4 pillars: Food Safely, Traceability, Sustainability, and Ethical Standard & Human Rights to ensure that its members meet international standard and are accepted in the trade platform both in the domestic and international market. This report is produced by Thai Tuna Industry Association (TTIA) 163 Rajapark Building, 11th floor, Sukhumvit 21 Road (Asoke), Klongtoey-Nua , Wattana, Bangkok 10110 Tel: 02-258-0317-8 Fax: 02-258-0319 Email: [email protected] Website: www.thaituna.org

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Page 1: Report on Labour Affairs 2017-2019 - Thai Tuna · Report on TTIA’s Labour Affairs 2017 – 2019 1 . Report on Labour Affairs ... Program from EII in order to protect marine ecological

Report on TTIA’s Labour Affairs 2017 – 2019 1

Report on Labour Affairs

2017-2019

Thai Tuna Industry Association (TTIA) founded in 2013 with the objectives to support tuna industry to follow the Association Policy under 4 pillars: Food Safely, Traceability, Sustainability, and Ethical Standard & Human Rights to ensure that its members meet international standard and are accepted in the trade platform both in the domestic and international market.

This report is produced by Thai Tuna Industry Association (TTIA) 163 Rajapark Building, 11th floor, Sukhumvit 21 Road (Asoke), Klongtoey-Nua , Wattana, Bangkok 10110 Tel: 02-258-0317-8 Fax: 02-258-0319 Email: [email protected] Website: www.thaituna.org

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Table: Progress of Labour Affair Activities of TTIA during 2013 – 2019 and future plan

Done In process Future Plan 2018 Supporting human rights projects starting by: 1. Promoting of complaint mechanism in

collaboration of CSOs by supporting the establishment of the Fisherman Center by Labour Rights Protection Network (LPN) in 2018, and “Change for Cognition Child and Youth Coalition (CMCY) developed by Plan International Thailand.

2. Promoting supply chain engagement in ethical labour practice through conducting training project on The Business Social Compliance Initiative (BSCI) under Plan International Thailand’s SEAS of Change Project with financial support from KESKO.

1. Encourage members to comply with TTIA Ethical Code of Conduct

2. Support members to comply with Buyers’ Ethical Standards

3. Encourage members to adopt and comply with ILO-GLP guidelines, laws related to labour protection and welfare as well as ILO international standards

4. Participating in the Project Combatting Unacceptable Forms of Work in the Thai Fishing and Seafood Industry, or “Ship to Shore Right” which is a joint project of Ministry of Labour and International Labour Organisation with financial supports from European Union.

5. Work with various CSOs and members to enhance Welfare Committee and to mediate a case of working condition problem and grievance mechanism.

6. Co-develop ILO-GLP with TFFA and ILO to strengthen GLP for Thai tuna and seafood industry from January 2018 to December 2019.

7. Produced report on TTIA’s labour affair of the association 8. Produced VDO showing Progress of GLP Project during

2016 – 2018 9. Sharing information and provide recommendations with

international organizations and CSOs; ILO, IOM, NHRC, AIT, ISSARA, MWRN, LPN, PLAN International Thailand

10. Participated in Sea Forum for Fishers implemented by ILO to address force labour and human trafficking in fishing industry at regional level.

1. Conduct training on labour protection laws for TTIA members in collaboration of TTFA in 2020

2. In collaboration of CSOs, conduct a social dialogue to increase effectiveness of Workplace’s welfare committee and UN Human Right in 2019, and other issues related to employers and employees at least once a year

3. Conduct training session on GLP for supply chain in 2020, and encourage Workplace’s welfare committee to receive complaints from workers and solve labour issues within the factory.

4. Conduct a study of principles of the ILO Work in Fishing Convention, 2007 (No. 188), and develop guidelines on work in fishing industry to apply with supply chain

5. Produce report on implementation of labour standard among supply chain and Thai tuna industry’s protection of labour rights of migrant workers

6. Promotion of UN principle on business and Human Rights based on the announced National Agenda “Human Rights as a Driving Force of Thailand 4.0 towards Sustainable Development” in collaboration of National Human Rights Commission and Rights and Liberties Protection Department, Ministry of Justice.

2013 – 2017 1. Conducted ILO-GLP project Phase 1 in Nov

2013 - Mar 2015, organized by ILO and Ministry of Labour (MOL)

2. Presented GLP Progress VDO in Brussels Seafood Show, in May 2015 and China Marine Economy Exposition in Nov 2016

3. Organized Social Dialogue Workshop among Migrant workers and employers in 2014 – 2016 and 2018 by TTIA, Migrant Worker Rights Network (MWRN), Thai Frozen Foods Association (TFFA) and Thai Food Processors’ Association (TFPA)

4. Conducted TTIA GLP Visit during 2016 to 2017 and produced a report.

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TTIA has always comply with ethical standard on labour practice. Tuna industry in Thailand does not use force labour and slavery in its production. It also commits to promote supply chain to comply with ethical labour standard as stipulated by the association.

This TTIA’s Labour Affair Report is divided into 8 parts as follow:

Part 1: Criteria for TTIA membership

Part 2: Follow up TTIA members on Good Labour Practice (GLP Visit)

Part 3: Promoting Welfare Committee in the workplace

Part 4: Collaboration with UN agencies, ILO, Government, and civil society organisations

Part 5: Promoting supply chain engagement in ethical labour practice

Part 6: Promotion of UN principle on business and Human Rights based on the announced National Agenda “Human Rights as a Driving Force of Thailand 4.0 towards Sustainable Development”

Part 7: Promoting code of conduct on recruitment

Part 8: Conduct a study of principles of the ILO Work in Fishing Convention, 2007 (No. 188) to apply among members and their supply chain and follow up laws and international conventions related to tuna industry and distribute the information to its members for compliance.

Part 1: Criteria for TTIA membership

TTIA develop an Ethical Labour Code of Conduct– which is based on Thai labour laws. Executive of each member shall provide a document clarifying its commitment to comply with this Ethical Code of Conduct.

TTIA Ethical Labour Practice - Code of Conduct on Workers consisting of 8 items as follow:

1. No Child Labour 2. No Forced and Compulsory Labour 3. No Discrimination 4. Freedom of Association and Right to Collective Bargaining 5. Health and Safety 6. Disciplinary Practices - not engage in or tolerate the use of corporal punishment,

mental or physical coercion and wage deduction 7. Remuneration – should be conformed with the Thai law 8. Welfare and Benefit

*TTIA distributed its Ethical Code of Conduct in its website: http://www.thaituna.org/home/download/ethical-standard/Ethical%20Standard%20Edit2018%20.pdf

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Additional regulations for TTIA membership

In 2016, TTIA stipulated new criteria for its members to pass the audit of Dolphin Safe Program from EII in order to protect marine ecological of the sea, All our member must participate in Good Labour Practice (GLP) Programme to ensure that its members comply with international labour standards and social responsibility. Details are as follow:

1. The company shall provide a document clarifying its commitment to comply with TTIA’s following policies:

1.1 Food Safety Policy 1.2 IUU Fishing Policy and Sustainability Policy 1.3 Ethical Code of Conduct

2. Ordinary and extra-ordinary members with tuna produces need to pass the audit of Dolphin Safe Program from EII

3. All members need to pass the audit of Good Manufacturing Practice (GMP) and Hazard Analysis and Critical Control Point Critical (HACCP) by government agencies or certified private organisations

4. Ordinary and extra-ordinary members under factory category have to participate in Good Labour Practice (GLP) and shall be visited by TTIA staff at least once a year

5. Extra-ordinary members with tuna product trade shall commit that they will buy tuna products from TTIA ordinary members only. They should also clarify by providing documents on such purchase to TTIA’s staff when requested

6. Ordinary and extra-ordinary members shall comply with policies and resolutions issued by TTIA – both existing and to be issued in the future - for the benefit of Thai tuna industry.

Part 2: Follow up TTIA members on Good Labour Practice (GLP Visit)

TTIA has conducted GLP follow up process on a regular basis since 2013 with the collaboration of ILO and TFFA. After the Project ended in 2015, TTIA conduct GLP Visits to its members since 2016 to support members to comply with GLP Guidelines with a principle to promote good relationship between employers and employees, to monitor result of the implementation of GLP, as well as to promote understanding about GLP for new members.

TTIA GLP Visit

In 2018, TTIA revised the handbook for GLP follow up visit to be used while conducting visits to factory members. The Handbook was based on ILO-GLP Good Labour Practices Guidelines for Packaging and Processing Factories in The Shrimp and Seafood Industry of Thailand: GLP/Processing Plants – under collaboration of International Labour Organisation and Department of Labour Protection and Welfare with support from Ship to Shore Rights Project. The Handbook was a guidelines to conduct GLP Visit in 2019 among TTIA’s members through the following steps:

• TTIA conducted GLP visit to its members’ factories once a year, using GLP Visit Guidelines and TTIA GLP Visit from previous year as a baseline to follow up

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• Conduct visits to members’ factories and production line, interview with employers, randomly interview with employees to collect information on management and life cycle of employees based on GLP guidelines, labour laws and operation of welfare committees. Additional documents and evidence were also requested for consideration.

• Produce summary report of company’s GLP compliance and overall report on GLP compliance to distribute to general public.

In 2019, TTIA planned to promote the implementation of GLP guidelines among its members’ supply chain by conducting GLP Guidelines for supply chain during the end of 2019 and onward.

Part 3: Promoting Welfare Committee in the workplace

TTIA in collaboration of Migrant Worker Rights Network (MWRN) and Department of Labour Protection and Welfare conducted a social dialogue to increase effectiveness of Workplace’s welfare committee with participation of migrant workers titled “Promoting Welfare Committee to be Accepted by Migrant Workers”. This event was conducted at least once per year to encourage the industry and migrant workers to utilize complaint mechanism through welfare committee in the workplace on a regular basis. At the end of 2019, TTIA planned to conduct the 5th Social Dialogue Promoting Welfare Committee.

Photo: Consultation meeting to prepare for the 4th Social Dialogue

Photo: the 4th Social Dialogue Promoting Welfare Committee to be Accepted by Migrant Worker on 19 January 2018

Part 4: Collaboration with UN agencies, ILO, Government, and civil society organisations

Collaboration with UN/ILO

Participation in “Ship to Shore Rights”

TTIA has been an active partner of the Project Combatting Unacceptable Forms of Work in the Thai Fishing and Seafood Industry, or “Ship to Shore Right” which is a joint project of Ministry of Labour and International Labour Organisation with financial supports from European Union.

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Under this Project, TTIA joined ILO and TFFA in increasing effectiveness of GLP follow up process to ensure its accountability, as well as to communicate about outcomes of the project to general public. The Project started from 1 January 2018 – 30 December 2019. Up to present, progress made by the Project include the following:

Progress of the Project to Increase Effectiveness of ILO-GLP Compliance

Revision of GLP Guidelines and evaluation checklist in collaboration with Ministry of labour

Recruiting experts to conduct follow up visits to TTIA members’ workplaces, and Project Coordinator, as well as develop an annual report on industry overview

Revisit steps to follow-up and implementation to be more effective Advocate for complaint mechanism through Welfare Committee in workplace Conduct training session on GLP for factories with participation of buyers Apply GLP with supply chain Produce information materials about the project including VDO clips Strengthen collaboration with tri-partite committee (which include the TTIA,

Government and civil society organisations)

In 2018, TTIA conducted GLP Pre-Test Check list by randomly sample 3 of its members to work with Project Advisor and ILO evaluation staff to ensure that they are ready to apply the newly revised GLP Guidelines and evaluation checklist with members in 2019.

Photos: (left) GLP Pre-Test Check list in one of the TTIA members in Samut Sakhon Province on 24 August 2018. (center) GLP Pre-Test Check list in one of the TTIA members in Samut Prakan Province on 28 August 2018. (right) GLP Pre-Test Check list in one of the TTIA members in Samut Sakhon Province on 19 November 2018.

The new GLP guidelines which was developed by TTIA in collaboration with ILO

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In 2019, TTIA conducted 2 training sessions on the implementation of the GLP guidelines in following up its members and conducted visits to TTIA members with participation of TTIA advisors and ILO officials to observe.

Photos: (left) GLP Training on 15 – 16 May 2019 in Samut Sakorn Province, (center) GLP Training on 17 – 18 June 2019 in Songkhla Province, and (right) TTIA GLP visit to TTIA members in Southern Thailand with participation if ILO as observers on 19 June 2019.

Attending Ship To Shore Right Project’s joint taskforce meeting and Project Steering Committee

Photo: Ship To Shore Right Project’s joint taskforce meeting on 30 September 2019

GLP Tripartite Committee Meeting

Photo: GLP Tripartite Committee Meeting on 29 July 2019

TTIA participated in South East Asia Meeting on Eliminating Human Trafficking and Force Labour among fishing workers organized by ILO Indonesia

In 2018, TTIA participated in a regional meeting on Eliminating Human Trafficking and Force Labour. TTIA informed the meeting that TTIA has set up 8 Ethical Standards on labour practices for members to comply with. Among these standards include no use of child labour and force labour, and the promotion of compliance of good labour practices in the workplaces and their supply chain under collaboration if ILO and CSOs.

In addition, TTIA members were supported to establish a welfare committee in the workplace with participation of migrant workers, and use this body to receive complaints from workers, as well as to comply with the rights to organisations and association.

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Photo: South East Asia Meeting on Eliminating Human Trafficking and Force Labour among fishing workers in Bali, Indonesia during 26-29 November 2018

Photo: TTIA participated in the Teleconference on 28 March 2019

Photo: TTIA participated in Sea Forum for Fishers in the Philippines on 1 August 2019

Photo: TTIA participated in Sea Forum for Fishers during 25-26 September.2019

Collaboration with Government

TTIA has collaborated with governmental agencies directly and through Thailand’s Chamber of Commerce, the Federation of Thai Industries, Thai Fisheries Producers Coalition, as well as eight Ministries, namely, Ministry of Labour, Ministry Agriculture and Cooperation, Ministry of Commerce, Ministry of Public Health Ministry of Social Development and Human Security, Ministry of Foreign Affairs, Ministry of Interior, and Ministry of Justice. Collaboration has been in the form of meetings and consultations on issues related to labour issues.

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Photo: Joint Task Force Meeting to follow up and collect data on Combatting Unacceptable Forms of Work in the Thai Fishing and Seafood Industry (1st/2562) on 30 August 2019, organized by Department of Labour Protection and Welfare, Ministry of Labour

Photo: Thailand National Consultation on strengthening Regional Coordination to Combat Labour Exploitation and Trafficking in Fisheries on 21 June 2018 organised by Ministry of Labour

Collaboration with civil society organisations

Participation in the meeting of Taskforce on Policy Advocacy on the Rights of Migrant Children organised by PLAN International Thailand

In 2018, TTIA participated in the meeting of Taskforce on Policy Advocacy on the Rights of Migrant Children on 18 March 2018 organised by PLAN International Thailand. The meeting was also attended by other IGOs and CSOs including ILO, LPN, Friend international, Rapid Asia, and MWG. The meeting brainstormed ideas on developing collaboration mechanism among stakeholders to promote access to the right to education of migrant children under "Change for Migrant Child and Youth Coalition" (CMCY).

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Photo: A Workshop for a taskforce on Policy Advocacy on the Rights of Migrant Children on 18 March 2018

Promoting of complaint mechanism in collaboration of CSOs by supporting the establishment of the Fisherman Center by Labour Rights Protection Network (LPN)

In 2018, TTIA supported the establishment of the Fisherman Center, operated by the Labour Rights Protection Network (LPN). The Fisherman Center is a center for monitoring and prevention of human trafficking in fishing industry. The Center receives complaints from workers in all sectors, conduct visit to workers, fact finding, case recording, and get signature from the worker, before referral the case to relevant governmental agencies, as well as following up the case from the beginning to the end.

Photo: TTIA staff members visited the Fisherman Center on 22 January 2018.

Collaboration with Thai Fishery Producers Coalition (TFPC)

In 2019, TTIA collaborated with Thai Fishery Producers Coalition (TFPC) conducted a trip to donate consumer goods and scholarships to orphans at Sra Kaew Temple in Angthong Province.

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Photo: TTIA staff members conducted a trip to donate consumer goods and scholarships to orphans at Sra Kaew Temple in Angthong Province on 14 September 2019.

Part 5: Promoting supply chain engagement in ethical labour practice

The Business Social Compliance Initiative (BSCI) Training with financial support from KESKO

Since August 2016, TTIA has worked with Plan International Thailand and jointly conducted training project on The Business Social Compliance Initiative (BSCI) Training with a 2 million Baht financial support from KESKO from Finland. Aims of the project is to promote supply chain engagement in this issue. 4 training sessions were conducted for TTIA members in 2017, and one training in 2018 to prepare for evaluation visits by factory. TTIA had a meeting to conclude the project with Kesco in March 2018.

Photo: 5th BSCI training with supports from KESKO on 14-16 February 2018

Participate in a Seminar “From Net to Napkin: Fair Employment in Thailand’s fishing Industry”

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Photo: Participate in a Seminar “From Net to Napkin on 29 June 2019.

Part 6: Promotion of UN principle on business and Human Rights based on the announced National Agenda “Human Rights as a Driving Force of Thailand 4.0 towards Sustainable Development”

Referring to the Cabinet Resolution on 21 November 2017 officially announce the “National Agenda: Human Rights as a Driving Force of Thailand 4.0 towards Sustainable Development”, members of the UN Working Group on business and human rights were invited by the Thai government to Thailand for its first official visit to "examine efforts to prevent, mitigate and remedy adverse human rights impacts of business operations" and to share and learn with private sectors on how to implement UNGP Guiding Principles on Business and Human Rights which included: 1) Protect which is the State’s responsibility 2) Respect – private sector is responsible for compliance with the laws that protect and promote human rights and 3) Remedy – victims can access to remedies through justice system as provided by the government; and that business has a responsibility at company level to have a consultation process for workers.

- UN Working Group on business and human rights undertook its first official visit on 4 April 2018 (by invitation of the Royal Thai Government during 28 Mach to 4 April 2018).

Photo: members of the UN Working Group on business and human rights were in Thailand for its first official visit on 28 March 2018

During this visit, TTIA had an opportunity to present its efforts on human rights protection in collaboration with different stakeholders including ILO, CSOs, GOs and buyers under the principle of listening to problems and jointly improve the situation. in the past 4 – 5 years,

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TTIA has worked to cover the issues of Human Rights, due diligence and complaint mechanism.

On 4 April 2018 which is the last day of the visit, the team of UN experts presented their preliminary observations which addressed efforts made by TTIA (further detail at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22915&LangID=E

Collaboration with other stakeholders

TTIA also collaborated with other stakeholders that in line with the National Agenda “Human Rights as a Driving Force of Thailand 4.0 towards Sustainable Development”

including the following events:

- Attending a National Seminar on Business and Human Rights towards Sustainable Development as a tool for driving UNGP principle.

Photo: TTIA participated in National Seminar on Business and Human Rights towards Sustainable Development on 1 June2018 conducted by National Human Right Commission

Photo: meeting with Organisation for Economic Co-operation and Development - OECD under the Project Fostering Responsible Business Conduct organized by Ministry of Foreign Affairs on 20 September 2018.

Photo: TTIA participated in the National Seminar on Exploring access to effective remedies under UN Guiding Principles on Business and Human Rights in Thailand conducted by National Human Rights Commission and UNDP on 7th November 2018

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- Participated in UN HUMAN RIGHTS Meeting in Geneva, Switzerland during 26-28 November 2018 which was conducted by United Nations

At the meeting on 27 November 2018, Dr. Chanintr Chalisarapong TTIA President presented “Human rights-based sustainable fisheries: an experience from the Thai Tuna Industry” in the seventh annual Forum on Business and Human Rights, by invitation of Ministry of Foreign Affairs. On this platform, TTIA had an opportunity to present how the UNGP principle was applied in the Thai tuna industry.

Photo: UN HUMAN RIGHTS Meeting in Geneva, Switzerland during 26-28 November 2018

Attending an international meeting and act as a speaker in the “Responsible Business and Rights Forum”

Photo: TTIA attended an international meeting and act as a speaker in the “Responsible Business and Rights Forum” during 12-13 June 2019 at UN Convention Hall, Bangkok: Thailand.

Collaboration with Rights and Liberties Protection Department, Ministry of Justice

In September 2019, TTIA conducted a training for its members on UN principle on Business and Human Rights. Ms. Nareeluck Paechaiyaphum, Director of International Human Rights Bureau under the Rights and Liberties Protection Department, Ministry of Justice was a resource person.

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Photo: TTIA’s training on UN principle on Business and Human Rights with speaker from the Rights and Liberties Protection Department, Ministry of Justice on 10 September 2019.

Part 7: Promoting code of conduct on recruitment

Collaboration with International Organisation for Migration (IOM)

In 2018, TTIA established work relation with IOM to encourage its members to apply the principle for fair recruitment of migrant workers based on international standard in their workplaces. Collaboration and consultations include the following:

- TTIA had a consultation meeting with IOM to agree upon approaches for conducting training for members on fair recruiting migrant workers on 7 September 2018.

Photo: a consultation meeting with IOM to agree upon approaches for conducting training for members on fair recruiting migrant workers on 7 September 2018.

- TTIA in collaboration with IOM conducted a training workshop for members on fair recruiting migrant workers on 14 December 2018 at the TTIA Office.

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Photo: The training workshop on fair recruiting migrant workers on 14 December 2018

In summary, the training workshop on fair recruitment of migrant workers presented viewpoints of international principles on responsibility over costs of importing migrant workers into Thailand, and significance of costs occurred in the country of origin. After the training on fair recruitment of migrant workers, IOM presented a project to evaluate companies on fair recruitment of migrant workers – with the aim to promote transparency in export industries and support employers in compliance with the principle of employer’s responsibility over recruitment costs (International Recruitment Integrity System: IRIS). Interested members can join this project in 2019.

Part 8: Conduct a study of principles of the ILO Work in Fishing Convention, 2007 (No. 188) to apply among members and their supply chain

In 2019, TTIA started to conduct the study on the ILO Work in Fishing Convention, 2007 (No. 188) which Thailand ratified on 30 January 2019. TTIA emphasizes on the purchase of fish products that are in compliance of labour principle. It also taking the C 188’s principles and domestic laws relating to labour in fishing industry to draft a guidelines for members in purchasing of fishing products.

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