Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Thailand (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 52 of the Anti-Trafficking in Persons Act 2008 read in conjunction with sections 4 and 6, criminalizes the offence of trafficking of children (procuring, buying, selling, bringing, detaining or receiving) under the age of 18 years for purposes of exploitation, which includes the production or distribution of pornographic materials. Moreover, section 26 of the Child Protection Act of 2003 prohibits any person to force, threaten, use, induce, instigate, encourage or allow a child under the age of 18 years to perform or act in a pornographic manner and shall be liable to imprisonment and fine (section 78). The Committee requested the Government to provide information on the application in practice of the above provisions.

The Committee notes from the Government’s report that from 2015 to 2018, the Thailand Internet Crimes Against Children (TICAC), the Thailand Anti Trafficking in Persons Task Force (TATIP), and the Anti-Human Trafficking Division, with partnership from government agencies and non-government agencies have dealt with 76 cases related to possession of child pornography. The Committee requests the Government to continue to provide information on the application in practice of the provisions under the Anti-Trafficking in Persons Act and the Child Protection Act with regard to the use, procuring or offering of children under the age of 18 years for the production of pornography and for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular, for the production and trafficking of drugs. In its previous comments, the Committee noted that section 83 of the Penal Code (of 1956 as amended up to 2003) makes it an offence to instigate or cause another person to commit an offence. It also noted that section 26 of the Child Protection Act, 2003 prohibits any person from: “(5) forcing, threatening, encouraging, inducing or using a child to beg or to commit crimes; or (6) using, employing or asking a child to act in a way that causes physical or mental harm to the child or affects the child’s growth or development.” The Committee requested the Government to provide information on the application in practice of the above sections with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes the Government’s information that in 2018, 2,774 juvenile offenders were arrested for selling and manufacturing drugs. The Committee requests the Government to take the necessary measures to ensure that children who are used, procured or offered for the production and trafficking of drugs are treated as victims rather than offenders. It also requests the Government to provide information on the number of investigations and prosecutions carried out and penalties imposed on persons who engage children under the age of 18 years for the production or distribution of drugs.

Article 3(d) and application of the Convention in practice. Hazardous work in the agricultural sector. In its previous comments, the Committee noted the Department of labour Protection and Welfare (DLPW) enacted a Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector of 2014, which prohibits children under the age of 18 years from engaging in hazardous work in agricultural work. It also noted the Government’s information the that DLPW disseminated a total of 15,000 copies of a brochure of this regulation to the public and conducted seminars in 15 provinces to convey the protection afforded to children under this regulation to concerned associations, and employers’ and workers’ organizations in the agricultural sector. Moreover, programmes to sensitize workers in the informal sector on their rights and obligations under the law were also carried out by the DLPW. The Committee encouraged the Government to pursue its efforts to protect children working in agriculture from hazardous work.

The Committee notes the Government’s information that it has continued to publish brochures and manuals on employer and employees’ rights and responsibilities under the Ministerial Regulation of 2014. Moreover, a guideline on Good Labour Practices (GLP) in the poultry and swine industry has been issued. The GLP consists of four “Nos” such as “no child labour, no forced labour, no discrimination and no human trafficking”. At present there are 18,227 GLP certified farms with a total of 1,091,995 workers under the GLP worker protection. The Committee requests the Government to continue taking measures to protect children working in agriculture from hazardous work. It also requests the Government to continue to provide information on the measures taken in this regard and on the impact of these measures, in terms of the number of children prevented or withdrawn from undertaking hazardous work in the agricultural sector.

Article 5. Monitoring mechanisms. Labour inspectorate. In its previous comments, the Committee requested the Government to continue to provide information on the activities of the labour inspectorate in monitoring the worst forms of child labour and their impact, including the number of violations detected and penalties imposed.

The Committee notes the Government’s information that according to the data from the report on the anti-human trafficking operations in Thailand 2018, the labour inspection covered establishments that are categorized as at-risk sectors for child labour, forced labour, debt bondage and trafficking of persons. Labour inspection also covered fishing vessels and aquaculture processing establishments. Accordingly, 121,859 such establishments were inspected in 2018, of which 11,513 establishments were detected as violating the labour laws and 11,128 actions against offenders were issued. The Committee also notes the Government’s information that the labour inspection has improved the screening system of identifying victims of forced labour and trafficking using the preliminary forced labour screening exercises in the fishing and aquaculture processing establishments. The screening activities identified four workplaces and six employees as victims of trafficking. Furthermore, the inspections conducted in 60 aquaculture processing plants found no cases of worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Policy and Plan to Eliminate the Worst Forms of Child Labour. The Committee previously expressed the firm hope that the National Policy and Plan to Eliminate the Worst Forms of Child Labour 2015–20 would be adopted and implemented in the near future and requested the Government to provide information on the measures taken within the framework of this national plan.

The Committee notes the Government’s information that the measures taken within the framework of the Second National Policy and Plan for the Elimination of the Worst Forms of Child Labour, 2015–2020 (NPP WFCL II), include strategies on prevention; assistance and protection of children from the worst forms of child labour; enacting and enforcing relevant laws; cooperation between network partners; and management, monitoring and evaluation. Accordingly in 2018, the following measures were taken:

-protection, assistance and rehabilitation activities were strengthened focussing on the elimination of forced labour of children through screening and rescue operations;
-joint and integrative actions were conducted between the administrative bodies, the armed forces and the police for special operations to combat trafficking in persons and detect and prosecute cases of worst forms of child labour in the marine fisheries sector among 22 coastal provinces;
-labour protection laws were revised in marine fisheries; and
-MoUs were signed between ten agencies to establish and maintain database on litigation and assistance to victims of trafficking in persons.

The Government further indicates that the National Committee for the Elimination of the Worst Forms of Child Labour and Subcommittee on Implementation, Monitoring and Evaluation which comprises representatives of all government agencies, employer and employee organizations, non-governmental organizations (NGOs) and experts on children shall monitor and evaluate the implementation of the NPP WFCL II. Moreover, in 2018, four training sessions on the NPP WFCL II were provided to 200 participants from government agencies, private sector, NGOs, employers’ and employees’ organizations and regional level general public. The Committee requests the Government to continue to provide information on the measures taken within the framework of the NPP WFCL II to combat the worst forms of child labour and to indicate the results achieved in terms of the number of children prevented and withdrawn from the worst forms of child labour and rehabilitated. Please provide data disaggregated by gender and age.

2. Ship to Shore Rights Project on Combating Unacceptable Forms of Work in the Thai Fishing and Seafood industry 2016–2019. The Committee notes the Government’s information that following the completion of the ILO–IPEC project on Combating the Worst Forms of Child Labour in Shrimp and Seafood Processing Areas in Thailand, the Government has continued its efforts to eliminate the worst forms of child labour in the fishing and seafood industry by cooperating with the ILO in the Ship to Shore Rights Project. Within the framework of this project the following activities were carried out: training activities for labour inspectors and workshops for labour inspection and supervising the fishery and seafood processing business; the Good Labour Practices (GLP) Manual focussing on “No child labour” as one of its components was issued; and labour rights promotion documents and materials for the fishery sector was developed. The Committee further notes the Government’s information that the revised version of the Thai Labour Standard Certification requires establishments not to employ children under 15 years; not to engage young workers in work that is harmful to their health and safety; and to maintain a record of young workers and their working hours for inspectors. The Government indicates that at present there are 772 establishments having T-mark certification (meaning excellent and trustworthy in business) and 4,352 GLP certification establishments, including 439 in the marine fishery industry. The Committee encourages the Government to continue taking measures to combat the worst forms of child labour in the fishery, shrimps and seafood areas. It requests the Government to provide information on the measures taken in this regard, including within the Ship to Shore Rights Project, and the results achieved.