Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee noted with satisfaction that the draft Prevention and Suppression of Human Trafficking Act has been adopted by the National Legislative Assembly in November 2007. This Act defines “human trafficking” as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or the use of force or other forms of coercion, abduction, fraud, deception, of the abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The consent of a child or woman victim of trafficking to the intended exploitation should be irrelevant where any of the abovementioned means have been used. Key elements of the Act include, amongst others, protective and rehabilitative measures (physical, psychological, legal, and educational services) provided to the victims of trafficking. The Committee once again requests the Government to provide a copy of the Prevention and Suppression of the Human Trafficking Act with its next report.

Article 5. Monitoring mechanisms. The police and public officials. The Committee noted the Government’s information on various measures aimed at training and raising public officials’ awareness on preventing and eliminating child trafficking and commercial sexual exploitation. In particular, the Department of Labour Protection and Welfare has carried out various seminars on collaboration between concerned agencies aimed at raising the awareness of public officials in preventing, eliminating and punishing unfair labour practices concerning children and women. The seminars were attended by 50 officers, including the Immigration Bureau and Juvenile Aid Subdivision under the Office of the Royal Thai Police. Moreover, the various measures promoted by the Subcommittee to Coordinate Combating Trafficking in Children and Women (SCTCW) to implement the National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women (NPA on Trafficking in Children and Women 2003–07) include the following: (a) promoting cooperation with the Royal Thai Police to establish a specific unit responsible for combating trafficking of children and women (Suppression of Offences against Children, Youth and Women Division); (b) organizing workshops for officers responsible for protecting children, women and disadvantaged persons. The Committee once again requests the Government to provide information on the concrete measures taken by the newly established Division on the Suppression of Offences against Children, Youth and Women, to combat child trafficking.

Protection and Occupational Development Committee (PODC). The Committee had previously noted that the Prostitution Act of 1996 established a Protection and Occupational Development Committee (PODC), composed of representatives of various ministries as well as representatives of the police and central and juvenile court police (section 14). The PODC was responsible for coordinating plans of action, projects, working systems and determining action plans to be implemented jointly by government agencies and the private sector involved in preventing and suppressing prostitution (section 15 of the Prostitution Act). Noting that the Government provides no information on the concrete measures taken by the PODC as well as their impact on preventing and eliminating child prostitution, the Committee once again requests the Government to provide information on this point in its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. The ILO/IPEC TICW project and the National Plan on Prevention and Resolution of Domestic and Cross-border Trafficking in Children and Women (NPA on Trafficking in Children and Women 2003–07). The Committee had previously noted that the ILO/IPEC project to combat trafficking in children and women in the Mekong subregion (TICW project) was launched in 2000 and covered Thailand, Lao People’s Democratic Republic, Viet Nam, Cambodia and Yunnan (province of China). In Thailand, the first phase of the project (2000–03) focused on rural communities in the provinces of Phayao, Chiang Mai, Chiang Rai and Nong Khai. The second phase of the project (2003–08) would expand project interventions to cover the complete perspective of Thailand as a source, transit and destination country of trafficking victims with the objectives of: (i) enhancing the capacity of governmental agencies, civil society organizations and community-based groups to combat and monitor human trafficking; (ii) providing direct assistance to vulnerable groups (including people living in poor rural areas, tribal and migrant peoples); and (iii) increasing the role of the organizations of employers and workers in combating the trafficking of children and women. In the framework of the second phase of the TICW project, the National Committee on Combating Trafficking in Children and Women launched, in 2003, its first National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women (NPA on Trafficking in Children and Women 2003–07), focusing on prevention, with short-term and long-term interventions, as well as on research, monitoring and evaluation systems. The Committee noted the Government’s information that the following activities have been carried out at the national level in implementing the NPA: (a) signing of memorandum of understandings (MOUs) for nine northern provinces on common guidelines of practices for agencies in addressing trafficking in children and women; (b) MOU on the common guidelines and practice for government agencies concerned with cases of trafficking of children and women; (c) MOU on the procedural cooperation between governmental and non-governmental agencies concerned with cases of trafficking of children and women; (d) MOU on the operational guidelines of NGO agencies concerned with cases of trafficking of children and women. The Committee further noted the information contained in the TICW, phase II (TICW-II), progress report of 2007 that the Operational Centre for the Prevention and the Protection of Trafficking in Women and Children and the concerned governmental and non governmental agencies signed the domestic MOU on trafficking among 19 north-eastern provinces (3 July 2006). The MOUs will be expanded to cover all 17 northern provinces in the first half of 2007. The Committee once again requests the Government to continue to provide information on the concrete measures taken at the national level in implementing the second phase of the TICW and the NPA on Trafficking in Children and Women 2003–07, and their impact on eliminating child trafficking.

Child prostitution. In its previous comments, the Committee had noted that the Office of the National Commission on Women’s Affairs estimated that there were between approximately 22,500 and 40,000 prostitutes under 18 years of age (representing approximately 15–20 per cent of the overall number of prostitutes). These estimates did not include foreign child prostitutes. It had also noted that, according to UNICEF, estimates of the number of children engaged in prostitution varied from 60,000 to 200,000, with 5 per cent of them being boys (Official summary of the state of the world’s children 2005). The Committee had noted that the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004–09), aims at preventing and eliminating the worst forms of child labour, including child prostitution and had asked the Government to provide information on the concrete measures taken under the National Plan of Action. The Committee is very concerned about the absence of information from the Government on this point. It observes that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remains an issue of concern in practice. It once again requests the Government to provide information on the concrete measures taken under the National Plan of Action to eliminate the use, procuring or offering of a child under 18 for prostitution, and the results achieved.

Article 7, paragraph 1. Penalties. Statistical information on child victims of trafficking and commercial sexual exploitation, prosecutions, convictions and penalties. The Committee had previously noted that the enforcement of the existing penalties was very ineffective. It noted the Government’s information that, according to the statistical figures of the Office of the Court of Justice, in the period 2003–04 there were 823 prosecutions concerning the offences of procuring and trafficking children for the purposes of prostitution and sexual abuse under the Penal Code. The Committee also noted that the Government mentions the difficulty of collecting precise statistics on the worst forms of child labour, especially on national and international trafficking through illegal channels. This is especially due to the unwillingness of victims of trafficking to identify themselves or their perpetrators, as well as the unwillingness of some citizens to become involved. Therefore, Thailand’s next attempt is to improve and produce a more comprehensive system of data collection and analysis, disaggregated by sex, age, region and other socio‑economic categories. The Committee considered that the issues of improving data collection on the number of children involved in trafficking and the effective enforcement of the penalties for child trafficking are linked. It welcomed the willingness of the Government to improve the system of data collection and analysis on trafficked children. In view of the high number of children under 18 years who are victims of trafficking and prostitution, the Committee once again requests the Government to redouble its efforts to ensure that persons who traffic in children or exploit children in prostitution are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also encourages the Government to pursue its efforts to improve the system of data collection and analysis on children involved in the worst forms of child labour, especially in trafficking and commercial sexual exploitation. In this regard, it requests the Government to provide, in its next report, statistical information on the number of children involved in trafficking and commercial sexual exploitation, and on infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Measures aimed at securing compensation for victims of trafficking. The Committee noted that the Government has taken a number of measures aimed at securing justice and compensation for victims of trafficking, including children, and protecting victims of trafficking during the trial period. In particular, it noted that the Prevention and Suppression of Human Trafficking Act, has been adopted in order to improve the judicial system to ensure justice for victims of trafficking and prosecute the offenders. More specifically, this Act covers the following aspects: (a) the possibility of prosecuting every offender of human trafficking, no matter where the offence has been committed; (b) the protection of victims of trafficking and witnesses during the trial; (c) the possibility for victims of trafficking to claim compensation from the offenders; and (d) the provision of funds amounting to 500 million baht set up by the Government under the draft Prevention and Suppression of Human Trafficking Act, for the rehabilitation, occupational training and development of victims of trafficking. In this regard, the Government adds that the Accused Act, BE 2544 (2001) states that children who are deceived into trafficking, prostitution, or forced labour, shall receive compensation. The Committee further noted the Government’s information that the Central Juvenile and Family Court, in order to give effect to the provisions of the Convention, has taken several measures aimed at training court officers to deal with children involved in trials. The Committee once again requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Trafficking of children. The Committee had previously noted that the Government, with the assistance of ILO/IPEC and collaboration of the social partners and NGOs decided, on 17 January 2005, to establish, under the TICW, joint forces in Chiang Mai, Chaing Rai and Phayao. The objectives of the joint forces were to collect data concerning the supply of and demand for trafficked individuals, to establish victim support hotlines, raise awareness about the dangers of human trafficking, strengthen networks, develop provincial and district mechanisms for the prevention of trafficking, and promote community and school “watchdogs”. The action programme would last 16 to 24 months and was expected to benefit 12,000 children and women from Chiang Mai, Chaing Rai and Phayao, who were at heightened risk of being trafficked. The Committee noted that, according to the TICW-II progress report of 2007, a provincial-level database has been developed, which contains data from various sources on persons and communities at risk of trafficking, victims of trafficking (especially for sexual exploitation), workplaces considered vulnerable to trafficking, and lessons learned. Moreover, the following activities have been carried out to raise awareness on child trafficking issues: (a) a seminar aimed at increasing the media’s knowledge on trafficking and migration issues; (b) a campaign to stop violence against women and children; (c) the establishment of watchdog systems in the vulnerable communities of Phayao, Chiang Rai, and Chiang Mai; (d) the distribution of a safe migration guide for foreign migrant workers in the subregion. The Committee noted with interest that, according to the same report, 1,786 boys, 2,765 girls, and 921 young women have been prevented from trafficking through the provision of educational services or training opportunities. Furthermore, 396 boys, 286 girls, and 1,511 young women have been prevented from trafficking through the provision of other non-education-related services.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. TICSA project. The Committee noted that, according to the TICSA, Phase II, progress report of 2006, TICSA-II and the Centre for the Protection of Children’s Rights jointly initiated the documentation of the “Multi Disciplinary Approach to Rehabilitation of the Victims of Trafficking”. This systematic approach to rehabilitation with the support of a group of experts (physicians, psychologists, lawyers, police), has proven to be successful in various shelters. Moreover, as the “Case Information Management System” (a computer software that improves the capacity of collecting data of trafficked victims – CIMS), developed and implemented at two Government shelters, was successful, the Ministry of Social Development and Human Security (MSDHS) has planned to set up a computerized database at its shelters in other provinces.  

Measures adopted by the Ministry of Social Development and Human Security (MSDHS). The Committee noted with interest the Government’s information that the MSDHS has adopted the following measures to protect and assist children and women who are trafficked both into and out of Thailand:

(a)    establishment of the Operation Centre on Human Trafficking at the provincial, national and international levels, aimed at coordinating the concerned organizations to protect and assist the victims of trafficking;

(b)    provision of welfare protection to child and women victims of trafficking;

(c)    establishment of 99 welfare homes (the most important is the Kredtrakarn Protection and Occupational Development Centre) in 75 provinces to provide temporary assistance to Thai and non-Thai child and women victims of trafficking;

(d)    establishment of reception homes for women, and welfare protection and occupational development centres for women, in order to provide trafficked women with rehabilitative services;

(e)    provision of counselling on human trafficking concerns, especially through the telephone helpline “1300”; and

(f)    development of return and reintegration programmes with Cambodia, Lao People’s Democratic Republic, Myanmar, and Yunnan Province in China.

The Committee noted the Government’s information that the number of foreign victims assisted and housed in the MSDHS’s shelters from 1999 to 2004 was 1,633. Moreover, according to the record of the MSDHS from 2000 to 2005, 3,062 foreign trafficking victims have been protected in Thai shelters and repatriated to their home countries. These include: 959 Cambodians, 567 Burmese, 501 Laotians, 20 Chinese, 12 Vietnamese, nine persons of other nationalities and four of unidentified nationality. The Committee once again requests the Government to specify how many of these victims of trafficking are children under 18 years. It also requests the Government to continue providing information on the number of child victims of trafficking, including Thai children, who have been rehabilitated and reintegrated in their communities.

Clause (d). Children at special risk. Children from ethnic minorities. The Committee had previously noted that, according to the ILO/IPEC’s report of December 2004 on TICW, ethnic communities in the north of Thailand are particularly vulnerable to trafficking and labour exploitation. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to protect children under 18 years of age of ethnic minorities from trafficking for labour or sexual exploitation, particularly from prostitution.

Migrant workers. The Committee noted the information contained in the TICW, phase II, progress report of 2007 (page 16), that the document “The Mekong challenge – underpaid, overworked and overlooked: The situation of young migrant workers in Thailand”, based on a research project targeting migrant workers in agriculture, fishing, fish-processing, small-scale manufacturing, and domestic work underlines several human rights violations, such as the forced labour and hazardous work of young migrant workers. However, ILO/IPEC is starting a new project entitled “Support for national action to combat child labour and its worst forms in Thailand”. The project, which started in 2006 and will end in 2010, primarily targets migrant children found in the worst forms of child labour and will promote improved education and training policies. The Committee once again requests the Government to provide information on the impact of the ILO/IPEC project “Support for national action to combat child labour and its worst forms in Thailand” on protecting child migrant workers from the worst forms of child labour. 

Article 8. International cooperation and assistance. Regional cooperation. The Committee noted that, according to the Government’s report, the following measures have been taken to combat child trafficking at the regional level: (a) the UN inter-agency project on trafficking in women and children in the Mekong subregion (UNIAP) has conducted meetings under the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) to strengthen cooperation and coordination among countries to deal more effectively with human trafficking; (b) a draft MOU on cooperation against trafficking in persons in the greater Mekong subregion has been proposed; and (c) the MSDHS has maintained coordination with five countries in the Mekong subregion through governmental, non-governmental, international organizations, embassies in Thailand and embassies in those countries, for providing assistance to foreign children and female victims of trafficking. In particular, physical and psychological rehabilitation is being provided for the foreign trafficking victims while maintaining coordination with the relevant agencies in the countries of origin in order to trace the families of the victims and assess how well prepared they are for the reintegration of the woman or child victim in the society. The Committee once again requests the Government to continue providing information on the concrete measures taken to eliminate the cross-border trafficking of children for labour and sexual exploitation, and the results achieved.

Bilateral agreements. The Committee had previously noted that Thailand and Cambodia signed, on 31 May 2003, an MOU on bilateral cooperation for eliminating trafficking in children and women and assisting victims of trafficking, targeting the repatriation process, the prosecution process, and collecting and exchanging information. Moreover, an MOU on bilateral cooperation for the elimination of trafficking in children and women and assistance to victims of trafficking between Thailand and Lao People’s Democratic Republic was signed on 13 July 2005. Finally, a draft MOU between Thailand and Viet Nam, based on the model MOU between Thailand and Cambodia, has been drawn up. The Committee once again requests the Government to provide information on the concrete measures adopted under the bilateral MOUs and the results achieved with regard to eliminating the trafficking of children between the countries parties to the bilateral agreements.

Poverty alleviation. The Committee noted the Government’s information that, according to the report of the Office of the National Economic and Social Development Board (NESDB), proactive socio-economic measures have been employed to integrate human trafficking strategies with development and poverty eradication. These include the policies of allocating 1 million baht to each village to use as a credit facility, and offering microfinance which would enable Thai women to have more opportunities to gain more income and diminish their risk of being trafficked to foreign countries. The economic cooperative strategy project has been promoted in neighbouring countries to mitigate the cases of trafficked women and children sent to Thailand. Moreover, the mobile unit “Poverty Eradication Caravan” has been set up by the Ministry of Labour to give advisory services to the poor in order to eradicate poverty and combat the worst forms of child labour. The Committee once again requests the Government to provide information on the impact of the microfinance credits, the economic cooperative strategy project, and the Poverty Eradication Caravan, on the effective reduction of poverty among children removed from trafficking and commercial sexual exploitation.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.