Non-tariff barrier: A case Study of Human Trafficking In Fishing Industry

Abstract

An object of this thesis is to study an idea and theory of non-tariff barrier in a case study of a human trafficking in fishing industry. It also includes a comparative study of legal policy and measure regarding to Thailand’s measure of trade barrier and foreign country to analyze a concrete solution relevant to the measure of trade barrier appropriately and effectively by referring to the human trafficking that affects the fishery business. Thailand is a developing country aiming for economic expansion and, due to its coastal geographic, Thailand’s fishery industry has been rapidly developing resulting in a shortage of a sea labor in the fishery business simultaneously. Seeing that the sea labor in the fishery ship has to face a difficult and risky work environment, including its long period of sea cruising, no labor wants to work on the fishery ship. As a consequence, human trafficking agent in fishing has been established which leads to an escalation in smuggling of illegal foreign labor and human trafficking problem. According to the study, its result shows that if an international trading negotiation has raised an issue of labor standard relevant to human trafficking as a trading condition, how much consequence Thailand would have suffered considering a future effect that might occur. Perhaps, other nations may raise this issue as the trade barrier to slow an importation of fishery goods from Thailand resulting in a great effect in Thailand’s exportation and destruction of Thailand’s reputation among international trade. Despite of Thailand’s regulations of labor safe guard and protection, an enforcement of labor law, a protection and suppression regulation are not fully effective as they should be given that it lacks of integration of enforcement power to take a legal action against both major and minor human trader. To put in another word, legal enforcement of such regulations was completely failed. Regarding to the descripted problems, the author suggests solutions that systematic enforcement of the labor protection law and the protection and suppression regulation of human trafficking have to be established provided that local officers in relating unit has to be enabled to inspect the ships at all time with suspicious cause for promptness without court order, and enforce the law to an employer who violates employee’s rights in work place pragmatically. Moreover, the standard of labor protections in employment, work environment, benefits, and other welfare which employee ought to receive are necessary, together with a life protection during an on-board working period provided to improve quality of life of sea labor and to attract labor to work willingly which will resolve shortage of sea labor. Hence, the operator does not have to seek for illegal labor and human trafficking in fishery business will be dissolved.