Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Thaïlande (Ratification: 2001)

Autre commentaire sur C182

Observation

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Articles 3(a), 5 and 7(1) of the Convention. Worst forms of child labour, monitoring mechanisms and penalties. 1. Trafficking. In its previous comments, the Committee noted the establishment of a Centre for Combating Human Trafficking (CCHT) in the offices of each police commander which receive complaints and investigate offences related to trafficking in persons and One Stop Critical Centres were established to monitor all anti-human trafficking activities. It also noted the statistical information provided by the Government on the number of cases of trafficking of children registered, prosecutions carried out and penalties imposed. However, it noted that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations expressed its concerns at the increase in the trafficking of children from neighbouring countries into Thailand for sexual exploitation, contributing to the large child sex tourism industry in the country, while Thai children were often trafficked to foreign countries for sexual exploitation (CRC/C/THA/CO/3-4, paragraph 76). The Committee, therefore, strongly urged the Government to intensify its efforts to strengthen the capacity of law enforcement officials responsible for the monitoring of trafficking in children to ensure the effective implementation of the Anti-Trafficking in Persons Act.

The Committee notes the Government’s information in its report that the 2018 Emergency Decree amending the Anti-Trafficking in Persons Act of 2008 has been adopted. According to section 4 of the Decree, section 6(1) of the Act of 2008 shall be repealed and replaced as follows: Any person who for the purpose of exploitation, commits any of the offences related to procuring, buying, selling, vending, bringing, sending detaining, confining, harbouring or receiving a child shall be guilty of trafficking in persons. The term “exploitation” is defined to include a wide range of offences, including prostitution, production or distribution of pornographic materials, exploitation of other forms of sexual acts, slavery like practices, begging, forced labour services and any other forcible extortion regardless of such person’s consent. The Committee also notes the detailed information provided by the Government on the training activities, seminars and personnel development programme carried out by the Department of Labour Protection and Welfare (DLPW) from 2016 to 2018 for government officials, labour inspectors, public officials and non-governmental officials to enhance their capacity to monitor and identify child victims of trafficking and on protection of victims of trafficking, including:

-Law Enforcement Efficiency for Qualitative Labour Inspectors Training Project which was attended by over 100 labour inspectors;
-workshop for public prosecutors to strengthen the effectiveness of trafficking in persons investigations and prosecutions;
-seminars on victim identification and investigation of trafficking in persons litigation for 200 police officers;
-child safeguard training activities on the protection of child victims of trafficking for staff in Trafficking in Persons Protection Centres;
-victim specialized training activities for 711 trainees; and
-training of trainers to prevent trafficking in persons attended by 228 trainees.

Furthermore, several manuals and guidelines on the effective implementation of the Anti-Trafficking Act were issued, including: (i) the Labour Inspection Guidelines on the procedures to be followed on detecting cases of trafficking in persons including children; (ii) the operational guideline manuals for combating trafficking in persons issued by the Royal Thai Police; (iii) the Trafficking in Persons Case Management Guideline issued in collaboration with the Australia–Asia Programme to Combat Trafficking in Persons; and (iv) the Thai Internet Crimes Against Children 101 Manual issued with the assistance of the Federal Bureau of Investigations for inquiry officials and primary offender prosecution against online child sexual abuse.

The Committee further notes that according to the statistics from the Royal Thai Police from October 2018 to September 2019, 205 cases related to trafficking of children involving 342 victims were registered under the Anti-Human Trafficking Act, of which 172 cases were prosecuted. Moreover, in 2019 the Thailand Anti-Trafficking in Persons Task Force (TATIP) investigated six cases of trafficking of children for sexual exploitation. The Government report also refers to certain cases of criminal proceedings and disciplinary measures taken against government officials as well as asset seizure from government officials for their alleged involvement in the offences related to trafficking of persons. The Committee notes that according to the United Nations Office on Drugs and Crime (UNODC) report, entitled Trafficking in persons from Cambodia, Lao PDR and Myanmar to Thailand, August 2017, children are trafficked from Cambodia, Lao People’s Democratic Republic and Myanmar to Thailand for the purpose of labour and sexual exploitation and forced begging. Boys are trafficked into Thailand’s fishing, construction and manufacturing industries, while girls are trafficked for domestic services, hospitality and retail industries. The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of July 2017 expressed its concern that the State party remained a source, destination and transit country for trafficking in persons, particularly women and girls, for sexual and labour exploitation. The CEDAW also expressed concern at the lack of effective identification of victims of trafficking in practice and the prevalence of corruption and complicity of officials in trafficking cases, which impede the efforts to prevent and combat trafficking (CEDAW/C/THA/CO/6–7, paragraph 24). While taking due note of the measures taken by the Government, the Committee urges the Government to continue its efforts to eliminate in practice the trafficking of children by ensuring that thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, including complicit government officials, and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to continue its efforts to strengthen the capacity of law enforcement agencies in identifying and combating the sale and trafficking of children under 18 years of age. The Committee further requests the Government to continue to provide information on the number of reported violations, investigations, prosecutions, convictions and penal sanctions imposed in cases related to the trafficking of children.

2. Children engaged in prostitution. In its previous comments, the Committee noted that the CRC expressed concern at the fact that prostitution was practised quite openly, with the involvement of large numbers of children and that corruption and cases of police officers involved in the child sex trade industry contribute to the problem. The CRC also expressed concern that the existing laws, administrative measures, social policies and programmes of the State party were insufficient and do not adequately prevent children from becoming victims of these offences (CRC/C/OPSC/THA/CO/1, paragraph 21). The Committee urged the Government to take the necessary measures to ensure that persons suspected of procuring, using, offering or employing children under 18 for prostitution, including complicit and corrupt officials, are subject to thorough investigations and robust prosecutions and that sufficiently effective and dissuasive penalties are imposed in practice.

The Committee notes the Government’s information that the Royal Thai Police is undertaking genuine efforts to arrest, investigate and punish perpetrators, including government officials who are involved in the use, procuring or offering of children for prostitution. According to the information provided by the Government, in 2018 the court sentenced 12 government officials for the offences related to the use or procuring of children for prostitution. In addition, disciplinary action was taken against three military officials and one police official for procurement of child prostitution in 2014 and 2016 respectively. The Committee also notes the Government’s statement that it has strengthened law enforcement by creating a special task force consisting of officials from the Department of Provincial Administration, the Tourist Police, the Department of Juvenile Observation and Protection, the Ministry of Justice and other related agencies to patrol and inspect at-risk entertainment facilities and to investigate and arrest persons involved in the commercial sexual exploitation of children. Accordingly, in 2018, a total of 7,497 facilities were inspected, five-year closure orders were issued to 97 facilities, and seven prosecution cases related to trafficking in persons were initiated. Moreover, data from the Royal Thai Police reveals that 187 cases of trafficking of children registered in 2018 were for the purpose of commercial sexual exploitation and in 160 cases involving 318 victims, prosecution proceedings were ordered. Moreover, the operations undertaken by the TATIP, the Thailand Internet Crimes Against Children Task Force (TICAC) and the Anti-Human Trafficking Division have also resulted in the investigation and prosecution of several cases of trafficking of children for commercial sexual exploitation. The Committee notes from the UNODC report of 2017 that sexual exploitation is the most common form of trafficking involving girls and most migrant girls working in Thailand’s sex industry are 16–18 years old. However, boys particularly those living in tourism spots are also vulnerable to sexual exploitation. The Committee encourages the Government to strengthen its efforts to ensure that persons who use, procure or offer children under 18 for prostitution are subject to thorough investigations and prosecutions and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue to provide statistical information on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed in this respect.

Article 7(2). Effective and time-bound measures. 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. Child victims of trafficking and commercial sexual exploitation. In its previous comments, the Committee noted the Government’s information concerning the measures taken to assist child victims of trafficking, including the provision of compensation and a fund for rehabilitation, occupational training and development from the Ministry of Social Development and Human Security (MSDHS). The Committee requested the Government to pursue its efforts to provide compensation and financial assistance for child victims of trafficking as well as to provide information on the number of child victims of trafficking who have been provided assistance and rehabilitated in its various protection centres.

The Committee notes the Government’s information that the victims of trafficking have the right to receive compensation from the Anti-Human Trafficking Fund and through damage compensation from offenders. In this regard, the Committee notes the Government’s information that in 2019, 116 victims of trafficking received a total compensation of over 77.56 million baht. The Government further indicates that the MSDHS and Save the Children ensure that child victims of the worst forms of child labour are protected under the Child Safeguarding Standard. In 2018, 186 child victims of prostitution were provided protection and assistance by the MSDHS. The Committee notes that a victim normally spends six months in government shelters where they receive rehabilitation and reintegration services which ensure that they are safe and protected from being trafficked again. The Committee requests the Government to continue its efforts to provide compensation and financial assistance for child victims of trafficking and to continue providing information in this regard. It also requests the Government to continue to provide information on the number of child victims of trafficking and commercial sexual exploitation who have been provided assistance and rehabilitated in its protection centres. Please provide date disaggregated by gender and age.

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. In its previous comments, the Committee noted that in 2015, the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT), to which Thailand is a party along with Cambodia, China, Lao People’s Democratic Republic and Myanmar, adopted the draft phase four of the sub regional plan of action to combat trafficking in persons. It also noted the various activities undertaken by the Department of Social Development and Welfare of the MSDHS, in cooperation with other neighbouring countries. The Government indicated that it was in the process of initiating bilateral MoUs with the Governments of Malaysia, Brunei Darussalam, United Arab Emirates, China and India. The Committee encouraged the Government to pursue its international cooperation efforts with regard to combating the trafficking of persons under 18.

The Committee notes the Government’s information that Thailand has signed trafficking in persons bilateral agreements with Laos People’s Democratic Republic in July 2017; with Myanmar in August 2018; with the United Arab Emirates in February 2018; and with China in November 2018. Furthermore, the ASEAN Regional Cooperation, an association of Southeast Asian States of which Thailand is a member, has adopted the ASEAN Convention on Anti-Trafficking in Persons, 2017 and the ASEAN Plan of Action Against Trafficking in Persons, Especially Women and Children, implemented through the Bohol Trafficking in Person Work Plan 2017–2020. Furthermore, the Regional Guidelines and Procedures to address the Needs of Victims of Trafficking in Persons have been launched in April 2019. The Committee encourages the Government to pursue its efforts to cooperate with the neighbouring countries with a view to eliminating child trafficking for labour and commercial sexual exploitation. It also requests the Government to continue to provide information on the measures taken or envisaged in this regard, including through the COMMIT and ASEAN Regional Cooperation as well as the measures taken to ensure the rehabilitation, social integration and repatriation of child victims of trafficking.

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