Abstract
This article focuses on “trafficking in persons” (TIP) in fisheries in Indonesia and Thailand. This The article refers to key international instruments on TIP and continues by discussing recent cases of TIP in fisheries in Indonesia that were reported in the first half of year 2015. It also explores national domestic legislation of Indonesia and Thailand in relation of measures to combat trafficking in the region. Bilateral and multilateral treaties such as the Treaty between the Government of the Kingdom of Thailand and the Government of the Republic of Indonesia Relating to Extradition and the ASEAN Treaty on Mutual Legal Assistance in Criminal Matters are also addressed as cooperation tools which should be used by Indonesia and Thailand in prosecuting traffickers. To attain success in prosecuting law breakers and to be fair to all concerned, the author discourages those who are preoccupied with TIP from prejudging all unlawful acts as incidents of TIP since many of them might not fall under the criteria of TIP. Additionally, the article addresses the U.S. Victims of Trafficking and Violence Protection Act of 2000, which classifies countries under one of the tiers stipulated therein. The author indirectly suggests that, via the Act, the U.S. puts pressure upon other countries to intensively suppress TIP and properly protect victims of TIP. Therefore, the author urges Indonesia and Thailand to take special care in handling incidents of TIP in fisheries.
Highlights
Unfair/unlawful exploitation of another human being, such as slavery, practices similar to slavery, or forced labor, has been happening from time immemorial, with varying degrees of cruelty and magnitude
It should be noted that there are two international instruments that should be useful to Indonesia and Thailand in prosecuting people who break the law. They are: the ASEAN Treaty on Mutual Legal Assistance in Criminal Matters (MLAT) and the Treaty between the Government of the Kingdom of Thailand and the Government of the Republic of Indonesia Relating to Extradition
59 U.S Department of State, “Indonesia: Office to Monitor and Combat Trafficking in Persons 2015 Trafficking in Persons Report,” http://www.state.gov/j/tip/rls/tiprpt/countries/2015/243456.htm, accessed 7 September 2015
Summary
Unfair/unlawful exploitation of another human being, such as slavery, practices similar to slavery, or forced labor, has been happening from time immemorial, with varying degrees of cruelty and magnitude. 20 United Nations Treaty Collection, “Chapter Xviii Penal Matters 12.a Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime New York, 15 November 2000,” https://treaties.un.org/Pages/ ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter=18&lang=en, accessed 6 September 2015. Trafficking in Persons shall mean the recruitment, Section 4 In this act: transportation, harboring, sending, transfer, or receipt of a person “Exploitation” means seeking benefits from the by means of threat or use of force, abduction, incarceration, fraud, prostitution, production or distribution of pornographic deception, the abuse of power or a position of vulnerability, debt materials, other forms of sexual exploitation, slavery, bondage or the giving or receiving of payments or benefits to causing another person to be a beggar, forced labour achieve the consent of a person having control over another or service, coerced removal of organs for the purpose person, whether committed within the country or cross-border, of trade, or any other similar practices resulting in for the purpose of exploitation or which causes the exploitation of forced extortion, regardless of such person’s consent.
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