Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking and sexual exploitation of children. In its earlier comments, the Committee requested the Government to take all the necessary measures to eradicate the trafficking of children for the purpose of exploitation and to punish those responsible. The Committee has noted the Government’s reply to its previous observation on the subject, as well as other information communicated in its reports received in 2006 and 2007. The Committee recalls that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). 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 problem of trafficking of children for the purpose of exploitation may be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

2. Trafficking in persons for the purpose of exploitation – communication from the international workers’ organization. The Committee has noted the Government’s reply to its earlier comments, as well as other information communicated by the Government in its 2006 and 2007 reports. It has also noted the comments on the application of the Convention by Thailand, made by the International Confederation of Free Trade Unions (ICFTU) – now the International Trade Union Confederation (ITUC) – in its communication dated 31 August 2006. In this communication, the ICFTU expresses its concern about the persistence of the trafficking in persons from and into Thailand and refers to a report published by the UN Office on Drugs and Crime (April 2006), in which Thailand has been listed in the group of countries which have a very high level of trafficking, as a country of destination, origin and transit. According to the report, Cambodian and Lao women and girls are trafficked into Thailand for factory and domestic work and the sex trade; Burmese, Cambodian and Lao men are trafficked into Thailand for forced labour in such sectors as construction, agriculture and in particular the fishing industry. The ICFTU refers in this connection to first-hand information concerning Burmese fishermen and, in particular, six members of the Seafarers’ Union of Burma, who had been tricked into abusive working conditions on board Thai fishing vessels in situations similar to forced labour, which included allegations of brutality and injury. The ICFTU expressed concern about the lack of legal protection of men subjected to forced labour, which leaves the problem of male victims unaddressed.

The communication from the ICFTU was forwarded to the Government, on 28 September 2006, for such comments as might be considered appropriate. The Government in its latest report acknowledged that the current legislation was limited in its scope and that human trafficking had become more severe and complicated. It indicated that the Government was in the process of adopting the Prevention and Suppression of Human Trafficking Act and that it had been approved by the Cabinet and was now under the consideration of the National Assembly. However, the Committee notes that the Government’s report contained no reference to the ICFTU communication referred to above. It requests the Government to respond to the allegations made by the ICFTU in its next report.

3. Trafficking in persons for the purpose of exploitation – prevention and protection measures, law enforcement. The Committee has noted the Government’s renewed commitment expressed in its reports to eradicate all manner of human trafficking. It has noted with interest the positive steps taken by the Government, some of them in cooperation with ILO/IPEC and other international institutions, to adopt legislation and to put into place a coherent national policy framework for dealing with this problem.

The Committee has noted, in particular, the information on the application of the Prevention and Suppression of Prostitution Act 1996, including the information concerning the activities of welfare protection and vocational development centres set up under the Act, as well as statistical data with regard to the prosecution of offences under the Act. It has noted comprehensive information supplied by the Government on the activities of the Ministry of Labour concerning the promotion of employment opportunities among women and youth, including various training courses and specific projects for women. The Committee has also noted the information on the application of the Measures for the Prevention and Suppression of Trafficking in Women and Children Act 1997, which covers offences both in Thailand and abroad and also provides protection for victims from foreign countries, ensuring that they are placed in shelter and provided with the necessary assistance before they are repatriated. It has noted with interest the information on the activities of various committees and subcommittees related to human trafficking and sexual exploitation of women and children, covering both domestic and cross-border trafficking, with regard to prevention, protection, recovery and reintegration measures. The Committee has further noted the second Memorandum of Understanding on Common Guidelines of Practices for Agencies Engaged in Addressing Trafficking in Women and Children B.E. 2546 (2003), according to which the Ministry of Social Development and Human Security is working in collaboration with other concerned agencies such as the Royal Thai Police, the Office of the National Commission on Women’s Affairs, the Immigration Bureau and the International Organization for Migration (IOM), to assist trafficked women by providing them with temporary shelters before repatriating to their hometowns and by conducting recovery programmes which would enable them to reintegrate into society. The Committee has also noted the information concerning the Government’s participation in multilateral cooperation in combating trafficking in the Mekong subregion.

The Committee encourages the Government to pursue its efforts with vigour and to take effective action to implement the anti-trafficking policies it adopts. It hopes that the Government will continue to supply detailed information on the application in practice of the above Memorandum of Understanding, as well as the information on the practical application of the Measures for the Prevention and Suppression of Trafficking in Women and Children Act 1997, including the information on any legal proceedings which have been instituted in connection with the offences related to human trafficking. In relation to the new draft Act on the prevention and suppression of human trafficking under consideration by the National Legislative Assembly, the Committee hopes that the Government will communicate a copy, as soon as it is adopted. Please also provide information on the activities of the Centre Against International Trafficking under the Office of the Attorney-General, to which reference is made in the report.