Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes the Government’s first report and requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Compulsory recruitment of children for use in armed conflict. The Committee notes that article 69 of the Constitution states that "every person shall have a duty to defend the country, and serve in the armed forces [...]". It also notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/83/Add.15, 31 May 2005, paragraph 507), the Military Service Act of 1954 provides that male nationals who have reached 20 years of age are required to register their names for the purpose of enlistment. The actual recruitment into the armed forces of those enlisted takes place only when they reach 21 years of age (section 25 of the aforementioned Act). According to information available at the Office, the minimum age for voluntary recruitment of males and for enlistment into the paramilitary forces is 18 years. The Committee requests the Government to provide a copy of the relevant legal provisions regulating the recruitment of children in armed conflicts.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 283bis of the Penal Code provides that whoever procures a person under 18 years of age for an indecent sexual act, commits an offence. It also observes that, according to information available at the Office, it is prohibited under section 287 of the Penal Code to make, produce, possess, import, export, or transport any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematographic film, noise tape, picture tape or any other material with a pornographic content. The Committee requests the Government to provide a definition of an "indecent sexual act" under section 283bis of the Penal Code. It also asks the Government to supply a copy of section 287 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the production, importation, exportation, possession or consumption of narcotics is prohibited under the Narcotics Act of 1979. Since the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs does not seem to be prohibited under this Act, the Committee requests the Government to indicate the measures taken or envisaged to this end, in conformity with Article 3(c) of the Convention.

Article 3, clause (d) and Article 4, paragraph 1. Hazardous work. The Committee notes that section 48 of the Labour Protection Act of 1998 prohibits the employment of young persons under 18 in the following types of work: (i) metal melting, blowing, casting, rolling or pressing; (ii) work involving exposure to heat, cold, vibration, noise and light of an abnormal level which may be hazardous (details on the types of work concerned are provided for in Ministerial Regulation No. 6, BE 2541 of 1998); (iii) work involving exposure to hazardous chemical substances as prescribed in Ministerial Regulation No. 6 of 1998; (iv) work involving exposure to poisonous micro-organisms which may be a virus, bacterium, fungus, or any other germs as prescribed in Ministerial Regulation No. 6 of 1998; (v) work involving exposure to poisonous substances, explosives or inflammable material, other than work in a petrol station (details on the types of work concerned are provided for in Ministerial Regulation No. 6 of 1998); (vi) driving or controlling a forklift or a crane as prescribed in Ministerial Regulation No. 6 of 1998; (vii) work requiring the use of an electric or motor saw; (viii) underground or underwater work; (ix) work involving exposure to radioactivity as prescribed in Ministerial Regulation No. 6 of 1998; (x) cleaning of machinery or engines while in operation; (xi) work performed with scaffolding ten metres high or more; and (xii) other types of work as prescribed by Ministerial Regulation No. 6 of 1998. Section 50 of the Labour Protection Act further provides for a list of places in which young persons under the age of 18 years shall not work; namely, slaughterhouses, gambling places, massage salons or discotheques. The Committee also observes that young persons under 18 years of age shall not perform night work (i.e. between 10 p.m. and 6 a.m.), overtime work or work during holidays (sections 47 and 48 of the Labour Protection Act).

2. Workers in the informal sector and self-employed workers. The Committee notes the indication of the Ministry of Labour (National Plan of Action of the Elimination of the Worst Forms of Child Labour (2004-09)) that children who work in the informal sector are not covered by the Labour Protection Act of 1998. The informal sector includes domestic work, work performed in the fishing industries, trading, and restaurants. The Ministry of Labour adds that a large number of migrant children coming from neighbouring countries are found to work in the informal sector. The Committee also observes that the Labour Protection Act prohibits the employment of young persons in various hazardous occupations, in public administration and state enterprises (section 4). An employee is defined under section 4 of the Labour Protection Act as a person who agrees to work for an employer in return for a wage. The Committee also observes that Regulation No. 6, which provides details on the activities and places prohibited for persons under 18 years of age, applies to persons who entered into an employment relationship with an employer. Noting that children working in the informal sector and self-employed workers under 18 years of age do not benefit from the protection laid down in the Labour Protection Act or in Regulation No. 6 of 1998, the Committee reminds the Government that Article 3(d) of the Convention applies to all workers regardless of their activities or types of employment. The Committee consequently requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age working in the informal sector from work which, by its nature or the circumstances under which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that consultations are held with the organizations of employers and workers within the Occupational Safety, Health and Environment Committee which is in charge of making recommendations to the Minister on occupational health and safety programmes or regulations. The Government adds that the labour inspection’s findings are used by this Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee accordingly requests the Government to provide information on the views of the Occupational Safety, Health and Environment Committee on where the types of hazardous work exist.

Article 4, paragraph 3. Periodical examination and revision of the types of hazardous work. The Committee notes the Government’s indication that the list of the types of hazardous work will be examined, reviewed and revised when labour officers, employers, employees or any other concerned persons face difficulties in enforcing or implementing the Labour Protection Act, or regulations based on it. The Government adds that it considers the technical studies and researches discussed, in workshops, by labour officers, organizations of employers and workers, academics, non-governmental organizations and other concerned persons to review the types of hazardous work.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate monitors the implementation of the Labour Protection Act (and ministerial regulations based on it) that regulates the employment of persons under 18 years of age. According to section 139 of the Labour Protection Act, labour inspectors are entitled to enter workplaces at any time during working hours, question employers and employees, and examine all relevant documents. If a person violates the provisions of the Labour Protection Act, labour inspectors may issue an order requiring the offender to take the necessary measures to conform with the relevant legal provisions. The Government adds that, with regard to infringements of the provisions on forced labour or hazardous work, labour inspectors may take legal proceedings against the offender. The Committee, however, notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that "labour inspection is neither adequate nor comprehensive, especially in small-scale enterprises. These enterprises carry out subcontracted assignments whose outputs and workers are not easily regulated". The Committee also notes the Ministry of Labour’s indication (National Plan of Action of the Elimination of the Worst Forms of Child Labour (2004-09), page 2) that labour inspectors visited 525 establishments in 2001. The Committee requests the Government to provide information on the measures taken or envisaged to provide labour inspectors with the necessary support to ensure effective implementation of the legal provisions concerning the worst forms of child labour. It also asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. National Committee for the Elimination of the Worst Forms of Child Labour. The Committee notes that, according to the Ministry of Labour (National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09), page 3), the implementation of national programmes concerning elimination of the worst forms of child labour is not systematically evaluated or followed up, especially at the grass-roots level. It also observes that the Ministry of Labour is responsible for establishing a National Steering Committee for the Elimination of the Worst Forms of Child Labour which will coordinate the development of the implementing measures taken under the National Plan of Action for the Elimination of the Worst Forms of Child Labour, and monitor the programmes launched under the National Plan of Action by concerned agencies at both national and local levels. The Committee asks the Government to provide information on the measures taken to ensure that the National Committee for the Elimination of the Worst Forms of Child Labour will monitor the implementation of the measures taken under the National Plan of Action for the Elimination of the Worst Forms of Child Labour in an efficient and systematic manner.

3. Occupational Safety, Health and Environment Committee. The Committee notes the Government’s indication that the Occupational Safety, Health and Environment Committee (OSHEC) is responsible for monitoring the provisions giving effect to the Convention. It also observes that the OSHEC consists of representatives of the Ministry of Labour and Social Welfare, the Department of Labour Protection and Welfare, the Department of Health, the Department of Industrial Works, the Public Works Department as well as representatives of the organizations of employers and workers (section 100 of the Labour Protection Act). OSHEC is responsible for making recommendations to the Minister concerning measures or plans on occupational safety and health and the development of the working environment for employees as well as on ministerial regulations (section 101 of the Labour Protection Act).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Ministry of Labour, in cooperation with ILO/IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour in 2004. The Ministry of Labour indicates that, since the ratification of Convention No. 182, studies have demonstrated the existence of the worst forms of child labour in Thailand. Thus, the Government has decided to give priority to the following: (i) children used for the production of pornography and pornographic performances; (ii) children used for illicit activities, particularly the production and trafficking of drugs; (iii) children working in chemical, fishing and furniture manufacturing industries; (iv) children working in domestic services, in the agricultural and other informal sectors such as street begging and vending; and (v) vulnerable children (i.e. immigrant children, children without birth certificates or official identification documents, children from ethnic minorities, children living in poverty, runaway children and children who have dropped out of school). The National Plan of Action includes preventive measures as well as measures to ensure the rehabilitation and social reintegration of children involved in the worst forms of child labour. The Committee asks the Government to provide information on the impact of this National Plan of Action on eliminating the worst forms of child labour.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. 1. Penalties. The Committee notes that sections 283bis and 287 of the Penal Code provides for sufficiently dissuasive and effective penalties for breach of the provisions prohibiting the use, procuring or offering of a child or person for the production of pornographic material. It also observes that section 144 of the Labour Protection Act also provides for sufficiently adequate penalties for violation of the provisions prohibiting the employment of children under 18 in work that is likely to harm their health, safety or morals. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

2. Corruption. The Committee notes that, according to the summary of the 9th National Economic and Social Development Plan (2002-06) drafted by the Office of the Prime Minister, the economical, political and administrative management systems are centralized and inefficient which has led to "chronic corruption in both the public and private sector". It notes with interest that one of the Plan’s targets is to prevent corruption by monitoring and eliminating corruption practices in Thailand. Considering that corruption may hinder the efficient enforcement of national legislation giving effect to the Convention, the Committee asks the Government to provide information on the results achieved by the National Economic and Social Development Plan with regard to reducing corruption practices in Thailand.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. National Plan of Action for the Elimination of the Worst forms of Child Labour. The Committee observes that some of the objectives of the National Plan of Action for the Elimination of the Worst forms of Child Labour (2004-09) are: (i) to increase public awareness on the worst forms of child labour; (ii) to reduce family poverty; and (iii) to ensure the effective monitoring of the working conditions of children in order to prevent the work from becoming hazardous. The Committee asks the Government to provide information on the impact of these measures on preventing the engagement of children in the worst forms of child labour.

2. Children engaged in drug trafficking. The Committee notes that, according to the rapid assessment conducted by ILO/IPEC (August 2002, pages 16, 21, 30 and 31), children as young as 10 years of age participate in drug trafficking, the majority of them are aged 12 to 16 and are used to buy or sell drugs. It also observes that approximately 86 per cent of children involved in drug trafficking left school. The Committee further observes that Thailand participates together with Indonesia and the Philippines in an ILO/IPEC project entitled "Assessing the situation of children in the production, sales and trafficking of drugs in Indonesia, the Philippines and Thailand", launched in September 2002. The overall objective of the project was to contribute to the prevention and elimination of one of the worst forms of child labour, namely the use of children in the production, sale and trafficking of drugs. The primary target was to enhance the understanding of the countries concerned of the use of children for the production, sale and distribution of illegal drugs. The Committee notes that the project covered 340 direct beneficiaries in Thailand; including 150 children in school, 100 community children, 30 children in Chiang Rai and 60 vulnerable children. It also had an impact on indirect beneficiaries such as families and community leaders. The Committee also observes that at the end of the project in 2004, ILO/IPEC partners in Thailand pledged to continue the work with ILO/IPEC. The Committee accordingly asks the Government to provide information on the measures taken or envisaged in collaboration with ILO/IPEC to prevent children from being used for the production and trafficking of drugs as well as on the results achieved.

3. Access to education. The Committee observes that one of the targets of the 9th National Economic and Social Development Plan (2002-06) is to ensure that young persons will have the opportunity to receive at least nine years of education by 2005 and reach an enrolment rate of 50 per cent in lower secondary education by 2006. Education is also targeted under the National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09), which aims at: (i) extending free compulsory education from nine to 12 years by 2009; (ii) providing educational loans for all children in need; (iii) facilitating access to education of children in poor families by providing them with extra support such as free meals; (iv) developing and implementing programmes to reduce the dropout rates among pupils in compulsory education; and (v) promoting non-formal education.

The Committee notes the Government’s indication that the Ministry of Education through the Non-Formal Education Department has set up 706 non-formal education centres in 16 provinces, in the central and northern parts of Thailand in order to assist children at risk and prevent them from engaging in hazardous work. The Committee asks the Government to continue to provide information on the educative measures taken to prevent children from engaging in the worst forms of child labour as well as on the results achieved.

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. The Committee observes that one of the objectives of the National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09) is to improve the effectiveness of mechanisms to protect and remove child workers from the worst forms of child labour. The Plan also provides for the rehabilitation and social reintegration of children involved in the worst forms of child labour. The Committee asks the Government to provide information on the concrete measures taken under the National Plan of Action to remove children from the worst forms of child labour, and to provide for their rehabilitation and social integration.

Clause (d). Children at special risk. Agricultural work. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that "there is no legislation directly protecting child labour in agricultural undertakings". It also notes the Government’s indication that the Ministry of Labour took measures to analyse the occupational safety of children working in the agricultural sector. The Committee notes that, according to the Ministry of Labour (National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09), pages 2 and 10), many children are found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. The Ministry of Labour also indicates that most of the studies to date reveal that child labour is increasing in the agricultural sector. The Committee asks the Government to provide information on the findings of the Ministry of Labour on the occupational health and safety of children under 18 working in agriculture as well as the measures taken or envisaged to ensure that children working in agriculture do not perform work that is likely to harm their health, safety or morals.

Article 8. International cooperation. The Committee notes that Thailand is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Thailand ratified the Convention on the Rights of the Child in 1992.

Part III of the report form. The Committee notes the absence of information in the Government’s report on this point. The Committee asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee notes the Government’s indication on the number of violations of the legal provisions giving effect to the Convention. The Committee asks the Government to continue to provide information on the worst forms of child labour including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.