BANGKOK — “Findings on the Worst Forms of Child Labor” (TDA Report) released by the US Department of Labor on September 5, 2024, three more Thai products were added to the Trafficking Victims Protection Reauthorization Act (TVPRA) list, even though shrimp has been removed.
The Thai government, industry, and civil society organizations who have worked together to address the issue of child and forced labor in the shrimp industry in Thailand are grateful that it is removed from the TVPRA list, improving its chances of exporting shrimp to the U.S. market. However, they face new bans on three products.
These products are classified as downstream products and contain fish ingredients produced by forced labor, including fishmeal, fish oil, and animal feed.
The U.S. Department of Labor’s International Labor Affairs Bureau (ILAB) believes that these products exported from Thailand are made from fish produced by forced labor. This inclusion dates back to 2012 when fish caught in Thailand was first added to the TVPRA list.
Overall, according to the report, Thailand has made “moderate progress” in eliminating the worst forms of child labor in 2023. Although Thailand has made significant efforts, it still does not meet the minimum standards for “substantial progress.” Problems include a minimum working age that is not in line with international standards, insufficient legal protection for children working in informal or independent sectors, and a lack of research on child labor in high-risk industries.
Amnuay Euareemit, President of the Thai Fishmeal Producers Association, stated that child or forced labor is not used in fishmeal factories. He contradicts the claims of the US Department of Labor, which he attributes to a “misunderstanding” Fishmeal factories employ fewer than 20 workers and have been operating at limited capacity for some time. About 40 percent of the fish processed in these factories comes from commercial fishing, while the remaining 60 percent comes from by-products.
“I believe that the inclusion of fishmeal in the TVPRA list is due to the fact that fish from Thai fisheries has been repeatedly included since 2012. Since commercial fishing has been accused of child and forced labor, the US Department of Labor has also targeted downstream products such as fishmeal,” Amnuay said.
The association is currently in talks with the Thai Fisheries Association to clarify the situation with the US Department of Labor and request a review of the TVPRA list in future reviews.
In addition, the Thai Fishmeal Producers Association plans to highlight the Thai Labor Standard TLS 8001-2020 in its defense. This standard requires companies to prevent and not support illegal child labor, as outlined in section 4.10. Companies must ensure that the minimum age for employment, working hours, rest periods and working environment comply with health and safety standards.
Prasert Pattranankun, president of the Thai Animal Feed Manufacturers Association, added that his association would also meet with the Ministry of Labor to consider the inclusion of fishmeal and animal feed in the TVPRA list.
He stressed that feed mills today rely heavily on machinery and use little labor, making child and forced labor unlikely. However, he acknowledged that raw materials such as fishmeal could be a cause for concern.
The US Department of Labor has classified Thailand’s efforts to combat child and forced labor as “significant progress” in 2017. Despite this, five products — sugarcane, garments, shrimp, fish and pornography — remained on the TVPRA list. This year, shrimp was finally removed from the list, but three new products — fishmeal, fish oil and animal feed — were added, all of which are linked to the upstream fishing industry.
Thai industry is now concerned that the problems with child and forced labor could affect Thailand’s ability to export these products to the US and potentially jeopardize the Generalized System of Preferences (GSP) benefits granted by the US government.
Meanwhile, the Department of Fisheries has announced that it will work with relevant government agencies and the companies involved in the production of fishmeal, fish oil and animal feed, particularly shrimp feed, to review the data and address U.S. concerns about forced labor in the production of these three products.
According to export statistics, the volume of fishmeal, fish oil and animal feed shipped to the US is minimal. From 2020 to 2023, exports of crab feed ranged from 48 to 153 tons worth 17.5 to 51 million baht ($51.8k – $151k) per year, while there were no exports of fishmeal or fish oil to the US at all.
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