On Sept. 13, The Isaan Record hosted a panel discussion on “Berry pickers, transnational human trafficking, and the future of Thai workers’ welfare,” sponsored by the project “AspirE” of the European Union.
Jenpreeya Jampihom, who represents the berry picking workers, said she decided to travel to Finland to pick berries because she had debts. She said she heard that a worker could earn 150,000-200,000 baht, which turned out to be just a pipe dream.
At the very least, she said she thought that she could earn 80,000 baht. She was told by the agents that only 20,000 baht would be deducted as a processing fee, and another 45,000 baht for flight tickets. Jenpreeya then decided to go work in Finland with her husband. However, after arriving, she said the employers deducted nearly all of their wages for car rental and other living expenses – totaling about 130,000-140,000 baht – leaving her next to nothing in the end.
“My husband and I ended up each owing 900 euros. They gave us back 50 euros and called that a ‘compensation.’ I went there because I wanted money to pay my debts. I didn’t want to work for free or for charity. I’d earned nothing so when I came back, I was in trouble. I borrowed money to go there, and when I came back, I had to borrow more so I could raise my child. It was too much of a false promise.”
Accumulating debts
Jenpreeya said money was the biggest issue. She said the workers wanted the relevant agencies to help with their debt situation, not only the usual suspension or extension of the program. She said they want a relief fund that would give them money without any conditions, as they need the money to start generating income for their families. The debts of berry picking workers should be eliminated, and the relevant public and private agencies should take part in finding solutions, she said.
Oranuch Phonpinyo, a coordinator of the network of berry pickers, said the network had found a family of three who went to pick wild berries together in 2013, and until today, they still haven’t been able to pay off their debts with the state-owned Bank for Agriculture and Agricultural Cooperatives. They assumed the job was legitimate because it was officially recognized by the Ministry of Labor. They also had contracts with the work agents.
“The workers were tricked. They were lured with the hope of earning a lot of money, but those who earned a lot were not the berry pickers. They were agents, companies, and berry buyers in those countries. This is a human trafficking network,” she said.
Oranuch also said that many might say that they were just ordinary people who possess little leverage to negotiate or demand things, but she doesn’t want them to look down on themselves. She said the majority of berry pickers have been from Isaan, especially from Chaiyaphum province. The agents were also from Chaiyaphum. She said the 460 people who registered a complaint with her network were mostly from Chaiyaphum, Nong Bua Lamphu, and Udon Thani.
“The workers went to pick berries because they needed money. Do you know that some ended up owing more money, and after returning to Thailand, they hanged themselves? How are you — the Ministry of Labor, the Department of Employment, the Ministry of Social Development and Human Security — going to solve this? I do not object to berry picking, but if they keep going and returning indebted, the problem is going to accumulate without anyone being held accountable. They will just claim that there was no law or regulation addressing this problem.”
Urgent action necessary
Oranuch’s proposals are to 1) remove agents from the equation, 2) set up a union for berry pickers, 3) become more involved in the process of negotiation quotas of workers between the countries, 4) amend related law or regulations to give more protection to overseas workers, 5) urgently and 5) solve existing problems such as debts, the mechanism of the current recruitment process, and the structures of relevant agencies.
“Today, we are worried about the more than 1,000 workers who said they had already been paid but were not able to travel to pick berries. The companies must take responsibility. The Department of Employment must take responsibility by pushing the companies to return the money first. The process can be repeated for those who still want to go next year.”
The government must play a role
Dr. Ukrisdh Musicpunth, a researcher who has been advocating for a fairer recruitment for Thai berry pickers in Finland, said his intention is not filing a lawsuit against individuals in a government agency, or demanding the Department of Special Investigations (DSI) to charge anyone. He said what the workers want from picking berries is income. It doesn’t matter who wants to resort to the courts. He said that the point is how to help the workers earn enough after deducting all the money they owe.
“Both Thai and international agencies must find a solution that gets pickers out of debt and also leaves them some of the earnings. The lawsuits happening now are a good thing, though, because they will lead to a change in the system,” he said.
Ukrisdh said it would be impossible to travel for the job without any expenses, but the workers shouldn’t have to give up all of their income. He believes there should be a measure from the government in place in order to mediate with the employers regarding advance expenses such as visas, flight tickets, transportation, accommodation, food, and other living expenses.
Phoptham Sunantham, acting director of the northeastern Office of the National Human Rights Commission of Thailand, said the problem stemmed from a lack of access to information. He said the government, which possesses all kinds of data about the numbers of workers and their income, has never systematically collected and presented this information to the public. He said, if this information was available, researchers or the civil society sector would be able to collect and analyze it systematically to find a sustainable solution that would benefit the people.
Phoptham said another issue concerns labor rights. There are no regulators that look after overseas workers. For example, if there are two or three versions of a contract, and the most exploitative version is being enforced, there is no central agency in charge of assisting these workers. At best, the Thai embassy should be the one coordinating this process. A representative of the Department of Employment or the Department of Labour Protection and Welfare does not exist in every country where Thai workers travel to find work.
Phoptham also talked out issues that occur after workers have fallen victim, whether it’s human trafficking, fraud, exploitation by the work agencies, or accumulated debt. He said there should be an official coordinating center, and the government should be more efficient in helping and compensating workers who have become victims. He said they must have access to help because overseas workers not only seek to improve the quality of life for themselves and their families, but also to generate economic benefits for the country. Therefore, the government must take it seriously and solve the current problems systematically.
“The most urgent issue that needs to be addressed is worker debts, whether with banks or with loan sharks,” Phoptham said. “The proposal of the National Human Rights Commission suggests a special committee should be set up to study the problems and impacts faced by workers. They might start with the workers who traveled [to Scandinavia] from 2006 onwards to find a guideline for solutions and compensation.”
Note: This work is supported by the AspirE project of the European Union (EU)
