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

The Committee notes the Government’s first detailed report. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issues of trafficking of children, forced labour and prostitution of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, by virtue of sections 4 and 5 of the Act on the Measures to Prevent and Suppress the Trafficking of Women and Children (1997) (the "Anti-Trafficking Act"), it is prohibited to buy, sell, import or export, receive, detain or confine a woman or a child, or arrange for a woman or a child under 18 years of age to act or receive an act, for sexual gratification of a third person, or for gaining an illegal benefit for that or any another person. The Committee also notes that the Penal Code as amended by Act (No. 14) B.E.2540, 1997, prohibits the trafficking of men and women for prostitution (section 282) or for "illegal benefits" (section 312). The Committee asks the Government to clarify the meaning of the term "illegal benefits" as stated in section 5 of the Anti-Trafficking Act and section 312 of the Penal Code as amended in 1997.

2. Debt bondage and serfdom and forced or compulsory labour. The Committee notes that, by virtue of article 86 of the Constitution, children and women shall be protected, by the State, from exploitative labour. It also notes that forced labour is prohibited by virtue of article 51 of the Constitution.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee notes that the Act on the Prevention and Suppression of Prostitution of 1996 (the "Prostitution Act") provides for a detailed definition of the term "prostitution" which applies to both males and females. The Committee observes that soliciting prostitution is prohibited and that the prostitute is liable to a fine (section 5 of the Prostitution Act). It is also an offence, under section 9 of the Prostitution Act, to procure, seduce or take away a person for the purpose of prostitution. The Committee notes that the procuring or luring of a person for prostitution is also a crime under section 282 of the Penal Code. It further notes that a parent or guardian of a child who knowingly helps in procuring, seducing or taking away a child for prostitution, commits an offence (section 10 of the Prostitution Act). Section 8 of the Prostitution Act states that a person who has sexual intercourse with a person under 18 in a "prostitution establishment" commits an offence. The owner or manager of a "prostitution establishment" that employs children under 18 also commits an offence (section 11 of the Prostitution Act). With regard to a person using, as a client, a child prostitute under 18 years of age, the Committee requests the Government to indicate whether such an act constitutes an offence when it is perpetrated outside a "prostitution establishment".

Article 5. Monitoring mechanisms. The Committee notes that the Prostitution Act of 1996 established a Protection and Occupational Development Committee (PODC), which is composed of representatives of various ministries as well as representatives of the police and central and juvenile court police (section 14). PODC is 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). The Committee accordingly asks the Government to provide information on the concrete measures taken by the PODC as well as their impact on preventing and eliminating child prostitution.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. TICW project. The Committee noted, in its previous comments, that ILO/IPEC launched in 2000 a project to combat trafficking in children and women in the Mekong subregion (TICW project). The Ministry of Labour, the Ministry of Social Development and Human Security, the National Committee on Combating Trafficking in Children and Women, non-governmental organizations (NGOs) and other UN agencies cooperate under the project. The first phase of the project (2000-03) focused on rural communities in the provinces of Phayao, Chiang Mai, Chiang Rai and Nong Khai. Five action programmes were implemented at provincial and community levels with tribal and rural poor Thai communities. The second phase of the project (2003-08) will expand project interventions to cover the complete perspective of Thailand as a source, transit and destination country of trafficking victims. The objectives under the second phase of the project are to: (i) enhance the capacity of governmental agencies, civil society organizations and community-based groups to combat and monitor human trafficking; (ii) provide direct assistance to vulnerable groups (including people living in poor rural areas, tribal and migrant peoples); and (iii) increase the role of the organizations of employers and workers in combating the trafficking of children and women. The Committee asks the Government to provide information on the concrete measures taken under the second phase of TICW to eliminate child trafficking and the results achieved.

2. TICSA project. The Committee notes that ILO/IPEC launched in 2000 the subregional project to combat child trafficking for sexual and labour exploitation (TICSA) in Bangladesh, Nepal and Sri Lanka; the project was extended to Pakistan, Indonesia and Thailand in 2003. TICSA’s objectives, by 2006, are to: (i) improve the knowledge base on trafficking to enable stakeholders to plan, implement and monitor programmes to eliminate child trafficking; (ii) strengthen the capacity of relevant governmental bodies and organizations of employers and workers to plan, implement and monitor programmes of action; (iii) assist children and families at risk of being trafficked; and (iv) rehabilitate child victims of trafficking and ensure that governmental and non-governmental organizations have the capacity to rescue and reintegrate child victims of trafficking. In Thailand, specific assistance will be provided to strengthen the rehabilitation and reintegration of Thai and non-Thai child victims of trafficking. To this end, the ILO/IPEC, in collaboration with governmental and non-governmental organizations, will implement a demonstration centre. The Committee also observes that, according to the ILO/IPEC technical progress report of March 2004 (pages 6 and 40), the Government is giving high priority to combat the trafficking in women and children. It launched, in 2003, a National Plan of Action against Trafficking in Women and Children, which focuses on prevention, rehabilitation, and seeks to develop a database on this phenomenon. The Committee asks the Government to provide information on the impact of TICSA Thailand and the National Plan of Action against Trafficking in Women and Children in terms of combating child trafficking for labour and sexual exploitation.

3. Child prostitution. The Committee notes that the Office of the National Commission on Women’s Affairs (cited in the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004-09), page 2) estimates that there are between approximately 22,500 and 40,000 prostitutes under 18 years of age. This represents approximately 15 to 20 per cent of the overall number of prostitutes. According to the Office of the National Commission on Women’s Affairs, these estimates do not include foreign child prostitutes. The Committee also notes that, according to UNICEF, estimates of the number of children engaged in prostitution vary from 60,000 to 200,000, with 5 per cent of them being boys (The Official Summary of the State of the World’s Children 2005). It further notes that priority attention will be given under the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004-09) to child prostitution. The National Plan of Action aims at preventing and eliminating the worst forms of child labour, including child prostitution. The Committee accordingly asks the Government to provide information on the concrete measures taken or envisaged 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. The Committee observes that, according to sections 5 and 7 of the Anti-Trafficking Act, a person who sells or traffics a child under 18 years of age for sexual exploitation or for gaining illegal benefits, is liable to a maximum of five years’ imprisonment or a fine of 10,000 baht or both. The Committee also notes that section 9 of the Prostitution Act and section 282 of the Penal Code as amended in 1997 provide that whoever procures, seduces or traffics a person under 18 years of age for prostitution is liable to three to 15 years’ imprisonment and a maximum fine of 300,000 baht. Penalties will be increased if the victim is under 15 years of age.

In its previous comments, however, the Committee noted that the actual enforcement of the existing penalties was very ineffective. Indeed, it noted that, in 2000, 33,671 establishments were inspected and 2,028,022 employees inspected. It also noted that, between October 2000 and September 2001, ten employers were prosecuted for violation of the provisions regulating the types of activities that workers under 18 are not allowed to perform. The employers were fined a total 29,000 baht and a total of 567,820 baht was claimed in damages for the victims. In one case, labour officials assisted employees in lodging a complaint against the employer for forced prostitution. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee accordingly asks the Government to take the necessary measures to ensure that persons who traffic in children or exploit children in prostitution or forced labour are prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the trafficking, the forced labour and the use, procuring or offering of children for prostitution.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Internal trafficking of children. The Committee notes that, according to ILO findings (TICW report of December 2004), internal trafficking still constitutes a significant problem in the country with people moving from the poorer northern provinces of Chiang Rai, Chaing Mai, Phayao and Non Khai to urban and tourist areas. 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 are to collect data concerning the supply of and demand for trafficked individuals, to establish victim-support hotlines, raise awareness about the danger of human trafficking, strengthen networks, develop provincial and district mechanisms for the prevention of trafficking, and promote community and school "watchdogs". The action programme will last 16 to 24 months and is expected to benefit 12,000 children and women from Chiang Mai, Chaing Rai and Phayao, who are at heightened risk of being trafficked. The Committee asks the Government to provide information on the impact of the action programme undertaken by the joint forces on preventing the trafficking of children under 18 for labour or sexual exploitation.

2. Initiatives taken by organizations of employers. The Committee noted, in its previous comments that the Employers’ Confederation of Thailand, with the cooperation of ILO/IPEC, established an action programme on "Strengthening the capacity of the Employers’ Confederation of Thailand to prevent child labour through the creation of an employers’ best-practice guide and child-friendly employers’ network and the facilitation of vocational training and apprentice schemes". It also notes that the chambers of commerce in the provincial operational centers, which were established pursuant to the anti-trafficking Memorandum of Understanding of the National Committee on Combating the Trafficking in Children and Women, participate in the prevention of child trafficking. The chambers of commerce are mobilized to involve their employers’ members in providing vulnerable young people with employment options. The Committee asks the Government to provide information on the impact of these measures in preventing the engagement of children under 18 in the worst forms of child labour.

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. 1. Memorandum of Understanding and National Plan of Action on child victims of trafficking. The Committee notes that the Memorandum of Understanding (MOU) on Procedures for Women and Children as Victims of Trafficking of 1999 was revised and a new MOU was adopted in June 2003 (source: National Plan of Action for the Elimination of the Worst Forms of Child Labour; Ministry of Labour and ILO/IPEC (2004-09), page 7). The MOUs aim at guiding the Government concerning cooperation with NGOs as well as cooperation between NGOs. It also observes that the National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09) aims at improving the social reintegration of rescued children before they return to their communities. The Committee asks the Government to provide information on the concrete measures taken under the National Plan of Action and the MOUs to ensure the rehabilitation and social integration of child victims of trafficking, as well as the results achieved.

2. National legislation on child victims of trafficking. The Committee also notes that section 11 of the Anti-Trafficking Act provides that Officials may provide appropriate assistance to victims of trafficking. The assistance can consist of providing victims of trafficking with food, shelter and repatriation to his/her country of origin. The Committee asks the Government to provide information on the number of child victims of trafficking who were provided with assistance and the type of assistance received.

Clause (d). Children at special risk. Children from ethnic minorities. The Committee notes that, according to the ILO’s report of December 2004 on TICW, ethnic communities in the north of Thailand are particularly vulnerable to trafficking and labour exploitation. They are increasingly unable to sustain their traditional lifestyle and their girls and women are recruited for work in massage parlours, nightclubs and brothels in Bangkok and other tourist areas. They lack access to support services and often do not speak the language. The Committee accordingly asks 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.

Article7, Paragraph 3. Competent authority for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the following authorities are responsible for implementing the provisions giving effect to the Convention: the Ministry of Labour, the Ministry of Interior, the Ministry of Justice, the Ministry of Education, the Ministry of Social Development and Human Security, the Royal Thai Police, the Bangkok Metropolitan Administration, the Office of the Attorney-General, the Office of the Narcotics Control Board, and the Anti-Money Laundering Office.

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 467), that the police are responsible for taking legal proceedings against owners of brothels and pimps who force children into prostitution. They are entitled to enter, at any time of the day or night, entertainment establishments and question the prostitutes to find out the identity of the owner of the brothel, pimps and clients (sections 39 and 40 of the Prostitution Act). Sections 1 and 8 of the Anti-Trafficking Act provide that government officials or the police are entitled to inspect airports, seaports, railway stations, bus stations, entertainment establishments, factories and public places to prevent women and children from being trafficked and exploited. They may issue summons and search the body of a child who is believed to have been trafficked (section 9 of the Anti-Trafficking Act). The Committee, in its previous comments under Convention No. 29, expressed its concern over the small numbers of prosecutions with regard to the violation of the legal provisions prohibiting the worst forms of child labour, especially the trafficking, the forced labour and the use, procuring or offering of children for prostitution. The Committee accordingly asks the Government to provide information on the concrete measures taken to train the police and relevant government officials on the worst forms of child labour and the results achieved.

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee notes that the ILO/IPEC project to combat trafficking in children and women in the Mekong subregion (TICW project) covers Thailand, Lao People’s Democratic Republic, Vietnam, Cambodia and Yunnan (province of China). The Committee observes that, according to the ILO report on the TICW project (December 2004), child trafficking in Thailand is a trade worth 7.37 billion pounds, and that over 80,000 women and children, mainly from Myanmar, Yunnan and Laos were trafficked into Thailand for commercial sexual exploitation between 1990 and 1998. Cambodian and Bangladeshi children, mostly boys, are also trafficked into Thailand mainly for begging and prostitution; whereas trafficking from Yunnan Province in China primarily involves girls and women for sexual exploitation. The Committee observes that, within 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. This Plan focuses on prevention, with short-term and long-term interventions, as well as on research, monitoring and evaluation systems. The Committee asks the Government to provide information on the concrete measures taken under the second phase of the TICW project, as well as their impact on the elimination of the cross-border trafficking of children for labour and sexual exploitation.

2. Bilateral agreements. The Committee notes that, according to the information provided by the Ministry of Labour in the National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09) (page 7), Thailand and Cambodia signed, on 31 May 2003, a Memorandum of Understanding on bilateral cooperation for eliminating trafficking in children and women and assisting victims of trafficking. The Committee observes that, according to the agreement supplied by the Government, child and women victims of trafficking will benefit from protection (i.e. including the right not to be prosecuted for illegal entry into the country and the right not to be detained in an immigration centre while awaiting the official repatriation process) and shelters. Section 10 of the agreement provides that the law enforcement agencies in both countries, especially at the border, must work in close cooperation to discover domestic and cross-border trafficking of children and women. The police and other relevant authorities shall also work in close cooperation with regard to exchanging information on trafficking cases (i.e. trafficking routes, places of trafficking, identification of traffickers, methods used and data on trafficked persons). The Committee asks the Government to provide information on the concrete measures adopted under the MOUs and the results achieved with regard to eliminating the trafficking of children between Cambodia and Thailand. It also asks the Government to provide information on any other bilateral agreement adopted or envisaged with other countries, such as Lao People’s Democratic Republic, Myanmar, Yunnan (province of China) and Viet Nam.

3. Poverty alleviation. The Committee notes that the Government adopted the 9th National Economic and Social Development Plan (2002-04) which, according to the Government’s view, could serve as an instrument to adjust the social structure to eliminate the gap between the poorest and the wealthiest. The Committee notes the Government’s indication that strategies have been initiated under the 9th National Economic and Social Development Plan (2002-06) for future social changes that may affect children. One of the Plan’s targets is to alleviate poverty by reducing absolute poverty to less than 12 per cent of the total population by 2006, and strengthen the overall national economy to achieve sustainable quality growth. The Committee requests the Government to provide information on any notable impact of the National Economic and Social Development Plan on eliminating the worst forms of child labour.

The Committee is also addressing a direct request to the Government concerning other detailed points.