Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Thailand (Ratification: 2001)

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. Following its previous comments, the Committee notes with satisfaction the adoption of the Anti-Trafficking in Persons Act which prohibits the trafficking of children for labour and sexual exploitation. Section 6(2) of the Anti-Trafficking in Persons Act defines trafficking of children as the procuring, buying, selling, vending, bringing from or sending to, detaining, confining, harbouring of a child for the purpose of exploitation, and section 4 defines a child as all persons under 18 years of age.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested a copy of section 287 of the Penal Code. In this regard, the Committee notes that section 287 of the Penal Code prohibits, inter alia, producing or making any document, drawing, print, picture, photograph, film or tape which is “obscene”. However, the Committee notes the information in a document entitled “UNICEF urges quick government action on child pornography” of 11 October 2010, available on the UNICEF website (www.unicef.org), that reports indicate the open display and sale in the country of graphic sexual videos involving children. In this document, UNICEF urged the Thai authorities to bring to bear “the full force of the law” on those found to be producing, distributing or selling videos or any other material related to the sexual exploitation of children, and urged the Government to investigate where and how such videos are produced. Therefore, while noting that the production of child pornography appears to be prohibited in law, the Committee notes with concern that this worst form of child labour continues to be a problem in practice. The Committee accordingly urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out in practice for persons who use, procure or offer persons under 18 years of age for the production of pornography or pornographic performances. The Committee further requests the Government to provide information on whether the involvement of children in non-recorded pornographic performances (such as live performances) is prohibited in law.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular, for the production and trafficking of drugs. In its previous comments, the Committee noted that while the production, importation, exportation, possession or consumption of narcotics is prohibited under the Narcotics Act of 1979, the use procuring or offering of a child under 18 years of age for this purpose did not appear to be prohibited. It also observed that, according to a rapid assessment conducted by ILO–IPEC in 2002, children as young as 10 years of age participate in drug trafficking, and the majority of these are children are between 12 and 16 years and are used to buy or sell drugs.

The Committee notes the Government’s statement that, on this point, it is in the process of collecting information from relevant agencies. The Committee reminds the Government that pursuant to Article 3(c) of the Convention, the involvement of a person under 18 in illicit activities constitutes one of the worst forms of child labour, and that pursuant to Article 1 of the Convention member States are required to take “immediate” measures to prohibit these worst forms as a matter of urgency. Observing that Thailand ratified the Convention in 2001, and that the use of children in the production and trafficking of drugs appears to be a problem in practice, the Committee urges the Government to take immediate measures to explicitly prohibit the use of children in the illicit activities in legislation as a matter of urgency.

Article 5. Monitoring mechanisms. Trafficking. The Committee previously noted that the Royal Thai Police was in the process of establishing a specific unit responsible for combating trafficking of children and women (Division on the Suppression of Offences against Children, Youth and Women), and it requested information on the measures taken by this Division with regard to combating the trafficking of children.

The Committee notes the information in the Government’s report that the Division on the Suppression of Offences against Children, Youth and Women has formed teams for the investigation of particular persons and locations suspected to be linked to human trafficking and the use of child labour. It has assigned police officers (at deputy commander or commander levels) to monitor and accelerate the investigation of human trafficking cases, while coordinating with other relevant agencies. The Government indicates that the Division on the Suppression of Offences against Children, Youth and Women has formed campaign teams to sensitize communities, villages and factories and has launched a campaign against human trafficking, in conjunction with other government agencies and private sector organizations. The Committee also notes the information in the Government’s report that it has engaged in capacity building for officials to improve their understanding of the phenomenon and to ensure the efficiency of their anti-trafficking efforts. The Committee further notes the information in the ILO–IPEC Technical Progress Report on the second phase of the ILO–IPEC “Project to combat trafficking in children and women in the Mekong subregion” (TICW II Project) of 30 January 2008 (TICW II TPR) that “Operational Guidelines on identification of victims of trafficking in labour cases” have been developed, as a collaboration between the Ministry of Social Development and Human Security (MSDHS) and the Ministry of Labour as a coordinated response to cases of trafficking for the purpose of labour exploitation. The ILO–IPEC Technical Progress Report for the project “Support for national action to combat child labour and its worst forms in Thailand” of 10 September 2010 (ILO–IPEC TPR 2010) indicates that training was provided to labour inspectors and other key stakeholders on these Operational Guidelines in 2009. Nonetheless, the Committee notes the information in the UNODC report entitled “Global Report on Trafficking in Persons” of 2009 (UNODC Report) that the vast majority of foreign victims of trafficking identified between October 2006 and December 2007 were minors (76 per cent of trafficking victims) and that Thailand remains a source country of trafficking victims. The Committee therefore strongly urges the Government to redouble its efforts to strengthen the capacity of law enforcement officials responsible for the monitoring of trafficking in children, including those in the Division on the Suppression of Offences against Children, Youth and Women and border control officials, to ensure the effective implementation of the Anti-Trafficking in Persons Act. The Committee requests the Government to continue to provide information on measures taken in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. 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 previously noted the launching of the TICW Project in 2000 and noted that within the TICW II Project (2003–08), the National Committee on Combating Trafficking in Children and Women launched the NPA on Trafficking in Children and Women 2003–07. It requested information on the concrete impact of measures taken through these initiatives.

The Committee notes the information in the Government’s report that the implementation of the TICW II Project resulted in interventions in Phayao, Chiang Mai, Chiang Rai, Mukdaharn, and Bangkok. The Government indicates that the Chiang Mai Coordination Centre for the Protection of Children’s and Women’s Rights (Chiang Mai Coordination Centre) (under the MSDHS), developed a database on persons at risk for trafficking, as well the destination sites of vulnerable persons, and that this information was used by partnering agencies in the implementation of initiatives. The Government indicates that 306 community watchdog volunteers were trained in 124 villages in the Phayao Province, and efforts were made to include awareness raising on trafficking in a secondary school curricula. In this regard, the Committee notes the information from ILO–IPEC that within the context of the TICW II Project, the action programmes implemented included “Integrated hill tribe community development project for the prevention of trafficking in children and women (phase II)”, “Programme for the prevention of trafficking in children and women in Chiang Rai province”, “Strengthening the capacity of Ban Mae Chan School to launch a prevention programme on trafficking”, and “Trafficking in children and women for forced labour and sexual exploitation in Chiang Mai”. The Committee further notes the information in the Government’s report that combating the trafficking in persons is a top priority for the Government, and specific policies announced in this regard include capacity building, intelligence exchange between countries and awareness-raising campaigns. Observing that the NPA on Trafficking in Children and Women 2003–07 ended in 2007, and the TICW II Project concluded in 2008, the Committee urges the Government to take the necessary measures to ensure that comprehensive national efforts are undertaken to combat the sale and trafficking of persons under the age of 18. It requests the Government to provide information on any ongoing or envisaged national plans of action addressing this phenomenon, and on the implementation of these programmes.

2. Child commercial sexual exploitation. The Committee previously noted that the Office of the National Commission on Women’s Affairs estimated that there were between 22,500 and 40,000 children under 18 years of age in prostitution (representing approximately 15–20 per cent of the overall number of prostitutes) in the country, and that these estimates did not include foreign children in prostitution. The Committee further noted that the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004–09) included initiatives to address child prostitution, and requested information on the concrete measures taken in this regard.

The Committee notes the Government’s statement that it is in the process of collecting information from relevant agencies on this point. It also notes the information in the Government’s report that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–2014) was adopted in 2008. The Committee observes that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remains an issue of serious concern in practice. The Committee accordingly urges the Government to take comprehensive measures, including within the framework of the National Plan for the Elimination of the Worst Forms of Child Labour (2009–2014), to combat this worst form of child labour. It requests the Government to provide information on the concrete results achieved in combating the commercial sexual exploitation of children.

Article 7(1) of the Convention and Part V of the report form. Penalties and the application of the Convention in practice. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted that the enforcement of the existing penalties for the offences of child trafficking and child commercial exploitation were very ineffective. However, it noted the Government’s indication 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. It welcomed the Government’s efforts to develop a more comprehensive system of data collection and analysis of these offences, and requested that the Government provide statistical information on the trafficking and commercial sexual exploitation of children.

1. Trafficking. The Committee notes the information in the Government’s report that the Division on the Suppression of Offences against Children, Youth and Women undertakes the collection and management of basic data. The Committee also notes the information in the Government’s report that interviews conducted by the police to determine whether foreign children were victims of trafficking revealed 112 suspected child victims of this worst form of child labour. However, the Committee observes that the trafficking of children remains a much broader phenomenon, noting the information in the UNODC Report that between October 2006 and December 2007, 416 child victims of trafficking were detected. Moreover, the Committee notes an absence of information on the number of persons investigated and prosecuted as a result of the identification of child victims of trafficking. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who traffic in children for the purpose of labour or sexual exploitation are carried out. It requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in this regard, as well as any additional information from the Division on the Suppression of Offences against Children, Youth and Women on the prevalence of the trafficking of children. To the extent possible, all information provided should be disaggregated by sex and age.

2. Commercial sexual exploitation. The Committee notes the information in the Government’s report from the Division on the Suppression of Offences against Children, Youth and Women that in 2006 two child victims of commercial sexual exploitation were reported, in addition to two offenders. The Government also indicates that there were no reported victims or offenders in 2007, and that in 2008, 23 child victims and 16 offenders were recorded. The Committee observes an absence of information on the penalties applied to these offenders, and observes that these figures appear to represent only a fraction of the number of children engaged in prostitution (with previous Government estimates indicating that tens of thousands of persons under 18 are victims of this worst form of child labour). In this regard, the Committee notes the information in the ILO–IPEC TPR 2010 that, within the framework of the ILO Project “Support for national action to combat child labour and its worst forms in Thailand”, a study has been conducted (by the Khon Kaen University) on the commercial sexual exploitation of children in three provinces in the Northeast of Thailand including Nong Khai, Udon Thani and Khon Kaen (which are major source areas for girls and women in prostitution within Thailand). The Committee requests the Government to provide information from the study conducted on the commercial sexual exploitation of children in Nong Khai, Udon Thani and Khon Kaen, with its next report. It also strongly urges the Government to redouble its efforts to ensure that persons who engage in the use, procuring or offering of persons under 18 for the purpose of commercial sexual exploitation are prosecuted and that sufficiently effective and dissuasive penalties are applied in practice. In this respect, the Committee requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied with regard to the commercial sexual exploitation of persons under 18 years.

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. 1. Services for child victims of trafficking. The Committee previously noted the various measures adopted by the MSDHS to assist child victims of trafficking, and noted that 3,062 foreign trafficking victims had been protected in Thai shelters and repatriated to their home countries.

The Committee notes the information in the Government’s report that the specific policies to combat trafficking announced include measures to protect victims, such as the provision of assistance to those at risk of trafficking, the establishment of a fund to assist victims of trafficking and campaigns to eliminate discriminatory attitudes against victims of trafficking to facilitate their reintegration into communities. The Committee also notes the Government’s statement that the Baan Kred Trakarn Protection and Occupational Development Centre was established, and a learning centre was developed as part of its holistic assistance to victims of trafficking. Services provided to trafficked women and children through these centres include the provision of basic necessities, education, vocational training and assistance with psychological recovery. The Government also indicates that the four Protection and Development Centres in Ranong, Pratumthani, Songhkla and Chaing Rai provide assistance, protection and rehabilitation services to victims. The Government further indicates that the Division on the Suppression of Offences against Children, Youth and Women coordinates with agencies involved in the rehabilitation and repatriation of trafficking victims. Lastly, the Committee notes the information in the Government’s report that the National Policy and Plan for the Elimination of the Worst Forms of Child Labour (2009–2014) includes measures to integrate children back into society by preparing their families and communities for their return, to repatriate children in a manner consistent with their needs and safety, and to follow-up on their reintegration, following rehabilitation. The Committee takes due note of the measures implemented by the Government, and requests it to pursue it efforts to provide direct assistance to child victims of trafficking, with a view to ensuring that victims of trafficking under the age of 18 receive appropriate services for their rehabilitation and social reintegration with child participation.

2. Measures aimed at securing compensation for victims of trafficking. The Committee previously noted that the Government had taken a number of measures aimed at securing justice and compensation for victims of trafficking, including children. It noted that the Prevention and Suppression of Human Trafficking Act provides for the possibility for victims of trafficking to claim compensation from the offenders and the provision of funds amounting to 500 million baht for their rehabilitation, occupational training and development. The Government also indicated that the Accused Act, BE 2544 (2001) states that children who are deceived into trafficking, prostitution, or forced labour, shall receive compensation.

The Committee notes Government’s statement that it is in the process of collecting information from relevant agencies on this point. The Committee therefore 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 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee previously noted several measures taken by the Government to combat trafficking at the regional level, including meetings of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT). The Committee requested information on measures taken in this regard and on the concrete measures adopted under bilateral MOUs for the elimination of the interstate trafficking of children.

The Committee notes the statement in the Government’s report that, pursuant to the MOU of the COMMIT signed in 2004, and following the review of the first Subregional Plan of Action (2005–07), member countries endorsed the Subregional Plan of Action for 2008–10. This subregional action plan focuses on several particular areas, including training and capacity building, multi-sectoral and bilateral partnerships, re-enforcing legal frameworks, law enforcement, victim identification, protection and reintegration and cooperation with the tourism sector. The Committee also notes the information in the Government’s report that the Government signed an agreement with the Government of Vietnam on Bilateral cooperation for Eliminating Trafficking in Persons on 24 March 2008, and that pursuant to this agreement, the two governments developed an Action Plan for 2008–09. The Committee further notes that, pursuant to MOUs to combat human trafficking with the governments of Cambodia (signed in 2003) and Laos (signed in 2005), cooperation projects have been formulated and some measures implemented, including a workshop on human trafficking for Laos–Thai border officials. The Government also indicates that it is the process of initiating similar bilateral MOUs with the Governments of Myanmar, China and Japan. The Government further indicates that within the framework of the TICW II Project, technical assistance and support was provided for combating trafficking efforts related to the MOUs between Thailand and its neighbouring countries. Noting that cross-border trafficking remains an issue of concern in practice, the Committee urges the Government to pursue its international cooperation efforts with regard to combating the trafficking of persons under 18. It requests the Government to continue to provide information on the concrete measures implemented in this regard, and on the results achieved.

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