Better protection needed for Cambodian migrant workers in the fishing and seafood industries

PHNOM PENH, Cambodia (ILO News) – Significant gaps remain in the labour protections for Cambodian migrant workers in the fishing and seafood processing sectors, according to a new research study released by the International Labour Organization (ILO).

The report, Cambodia’s labour migration governance framework: A comparative analysis with international labour standards for recruitment, work in fishing, and forced labour, provides timely recommendations to ensure their rights are better protected.

The findings of the legal analysis indicate that Cambodia has a taken a number of important steps forward in recent years in developing its labour migration policy framework. However, significant challenges remain for migrant fishers in accessing legal protection because they are unable to migrate through regular channels. In addition, the enforcement of sanctions against recruitment agencies and the provision of remedies for migrant workers remain insufficient to act as a deterrent against abuses.

Moreover, the absence of forced labour against migrant workers as an offense in the legal framework and insufficient clarity on the roles of government agencies in enforcement hinder accountability for abuses. Finally, the bulk of recruitment fees and related costs continue to be borne by migrant workers, exacerbating their vulnerability because they are unable to leave their employment until their debts are repaid.

"The findings of this report are useful in informing our efforts to strengthen the related policies and laws. The Ministry of Labour and Vocational Training has been working closely with key stakeholders in both Cambodia and Thailand to make sure the necessary labour and social protections are in place so that Cambodian migrant fishing and seafood processing workers can migrate safely and obtain decent work when they go abroad," stated His Excellency Hou Vudthy, Secretary of State, Ministry of Labour and Vocational Training.

Labour migration represents a significant livelihood strategy in Cambodia, providing jobs to over 1.1 million of its people, particularly in neighbouring Thailand. However, many of these workers do not use regular channels to go abroad because of the high cost, lengthy waiting time and considerable complexity of the process, instead relying on social networks and brokers to cross the border and seek employment. The regular migration pathways for work in Thailand’s fishing sector are even more limited, as recruitment is currently prohibited by the Cambodian Government.

In response to the improvements made to better protect the labour rights of migrant fishers in Thailand in recent years, the Cambodian Government has indicated that it is ready to consider removing the restriction on migration into the fishing industry and develop related policies and procedures.

To support these reforms, the EU-funded ILO Ship to Shore Rights South East Asia programme collaborated with the Ministry of Labour and Vocational Training to conduct a comparative legal analysis to ensure alignment with the relevant international labour standards in the Private Employment Agencies Convention, 1997 (No. 181), the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29), and the Work in Fishing Convention, 2007 (No. 188).

His Excellency Igor Driesmans, Ambassador of the European Union (EU) to Cambodia, said “The EU strongly supports this initiative by the Government of Cambodia to improve its labour migration governance framework for the fishing and seafood processing sectors by bringing its policies and laws in line with international labour standards. Advancing commitments to respect human rights within the seafood supply chain is a key EU policy priority for our bilateral relationships in the ASEAN region.”

To respond to the gaps identified, the report provides five key recommendations for strengthening the labour migration governance framework in Cambodia: (1) Develop a national Labour Migration Law to expand labour and social protection for all migrant workers; (2) lift the ban on deployment of migrant fishers; (3) negotiate a bilateral agreement between Cambodia and Thailand on labour migration into the fishing sector; (4) elevate the Policy on Labour Migration for Cambodia from a ministerial policy to a national policy; and (5) ratify the Convention No. 181, the Protocol of 2014 to the Convention No. 29, and the Convention No. 188.

"Ratification of the international labour standards for recruitment, work in fishing and forced labour by Cambodia is a crucial step forward in addressing the specific vulnerabilities of migrant workers in the fishing and seafood processing sectors through ensuring that adequate legal protections are in place. This new ILO report provides a clear roadmap for achieving these goals," said Xiaoyan Qian, ILO Country Director for Thailand, Cambodia and Lao People’s Democratic Republic.

For more information, please contact:

Benjamin Harkins 
Technical Officer
Ship to Shore Rights South East Asia Programme
ILO Regional Office for Asia and the Pacific
Email: harkins@ilo.org

Pichit Phromkade 
Communications Officer
Ship to Shore Rights South East Asia Programme
ILO Regional Office for Asia and the Pacific
Email: phromkade@ilo.org