Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 3, 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 various activities undertaken by the Division on the Suppression of Offences against Children, Youth and Women, established under the Royal Thai Police, to combat trafficking in persons as well as the measures taken by the Government in collaboration with the ILO–IPEC. The Committee noted, however, that 76 per cent of the foreign victims of trafficking identified were minors and that Thailand remained a source country of trafficking victims.

The Committee notes the Government’s statement in its report that it has announced human trafficking as a serious crime and that all government officials are required to seriously patrol and arrest offenders of trafficking in persons. The Government indicates that a Centre for Combating Human Trafficking (CCHT) is operational nationwide in the offices of each police commander, which receive complaints and investigate all offences related to trafficking in persons. According to the Government’s report, the Royal Thai Police has launched two new plans, since 2014, to combat trafficking in persons and to protect children and women from trafficking. Moreover, at the community level, executives of local administration offices are appointed as members of the Child Protection Committees and at the sub-district level. One Stop Critical Centres have been established to receive complaints of trafficking of persons and to monitor all anti-human trafficking activities.

The Committee also notes from the Government’s report that between October 2013 to September 2014, 165 cases of trafficking of children for commercial sexual exploitation involving 250 victims was registered under the Anti-trafficking in Persons Act B.E 2551 (2008) (Anti-Trafficking in Persons Act) and 126 cases were prosecuted. Moreover, in 2014, a total of 103 persons were sentenced for offences related to trafficking of persons with penalties of imprisonment ranging from six months to 30 years and more. The Committee also notes from the Government’s report that in 2012, the CCHT investigated a case of trafficking involving three boys under the age of 15 years and the perpetrators were convicted and sentenced to 33 years’ of imprisonment. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of 2012, expressed concern at the increase of trafficking of foreign children from neighbouring countries into Thailand for sexual exploitation, contributing to the large child sex tourism industry in the country, while Thai children are often trafficked to foreign countries for sexual exploitation. The CRC also expressed concern that children, especially children of poor families, undocumented migrants and ethnic minorities are trafficked internally (CRC/C/THA/CO/3-4, paragraph 76). The Committee, therefore, strongly urges the Government to intensify its efforts to strengthen the capacity of law enforcement officials responsible for the monitoring of trafficking in children, including those in the CCHT and border officials, to ensure the effective implementation of the Anti-Trafficking in Persons Act. It requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in this regard.

2. Child prostitution. In its previous comments the Committee observed that the figures provided by the Government on the number of reported child victims of commercial sexual exploitation appeared 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).

The Committee notes the Government’s information in its report that the Ministry of Justice has introduced several measures under the responsibility of the CCHT to investigate cases of commercial sexual exploitation of children. The Committee notes, however, that the CRC, in its concluding observations of February 2012 to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, expressed concern that prostitution is 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 existing laws, administrative measures, social policies and programmes of the State party are insufficient and do not adequately prevent children from becoming victims of these offences (CRC/C/OPSC/THA/CO/1, paragraph 21). The Committee expresses its deep concern at the situation of children involved in prostitution and also at the lack of prosecutions and convictions of perpetrators. The Committee, therefore, urges the Government to take the necessary measures, without delay, to ensure that persons, including complicit and corrupt officials, who are suspected of procuring, using, offering or employing children under 18 for prostitution are subject to thorough investigations and robust prosecutions and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide statistical information on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed in this respect. Finally, the Committee requests the Government to provide information on the activities undertaken by the CCHT to monitor and investigate cases of commercial sexual exploitation of children under the age of 18 years and on the results achieved.

Article 3(d). Hazardous work. Agricultural work. In its previous comments, the Committee noted the various measures taken by the Government, including with the cooperation of ILO–IPEC, for the protection of children from hazardous work in agricultural sector. The Committee requested the Government to pursue its efforts in this regard.

The Committee notes with interest the Government’s information that the Department of Labour Protection and Welfare (DLPW) enacted a Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector, BE 2557 of 2014, which prohibits children under the age of 18 years from engaging in hazardous work in agricultural work. The Government report indicates that the DLPW disseminated a total of 15,000 copies of a brochure of this regulation to the public and conducted seminars in 15 provinces to convey the protection afforded to children under this regulation to concerned associations, and employers’ and workers’ organizations in the agricultural sector. Moreover, programmes to sensitize workers in the informal sector on their rights and obligations under the law were also carried out by the DLPW. The Committee encourages the Government to pursue its efforts to protect children working in agriculture from hazardous work. It also requests the Government to provide information on the impact of these measures, in terms of the number of children withdrawn and prevented from undertaking hazardous work in the agricultural sector.

Article 6. Programmes of action to eliminate the worst forms of child labour. ILO–IPEC project on Combating the Worst forms of Child Labour in Shrimp and Seafood Processing Areas in Thailand. The Committee notes that the ILO–IPEC project on Combating the Worst Forms of Child Labour in Shrimp and Seafood Processing Areas in Thailand 2010–16 is being implemented in the country. This project aims to create an industry that is free of child labour and offers decent working conditions and opportunities as well as to provide accessible education, social protection and livelihood services to children and families in the targeted shrimp industry areas. The Committee notes that a survey conducted by ILO–IPEC in 2012 in four seafood producing provinces established an average child labour prevalence rate in the age group of 5–17 years of 9.9 per cent, while in Samut Sakhon, one of the biggest seafood industry hubs in Thailand, the prevalence rate rose to 12.7 per cent. Out of the economically active children in the age group of 15–17 years identified in the survey, 36.2 per cent were found in hazardous working conditions, such as work with fire, heat or strong sunlight; damp, smelly, dirty and dusty workplaces; working for long hours; using hazardous tools; working in extremely hot or cold environments and working at night. According to the Government’s report, the results following the implementation of this project include: (i) improved knowledge on the nature and extent of child labour in the seafood sector, through research studies and surveys; (ii) increased capacity of the Ministry of Education to provide access to education of migrant children who are vulnerable to child labour in this sector; (iii) the establishment of a manual on Good Labour Practices on the basis of which 170 enterprises received training on improving their labour practices, particularly concerning children; (iv) the provision of educational support to a total of 4,638 children and livelihood support to 3,506 parents and family members; and (v) the development of a training manual on child and forced labour and a handbook on protection of young workers from hazardous work for labour inspectors. The Committee encourages the Government to continue taking measures to combat the worst forms of child labour in the shrimps and seafood areas. It requests the Government to provide information on the measures taken in this regard and the results achieved.

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. In its previous comments, noting the various measures taken by the Government, through the protection centres, to provide appropriate services and assistance for the protection and rehabilitation of child victims of trafficking, the Committee requested the Government to pursue its efforts in this regard.

The Committee notes the Government’s statement that one of several measures to assist child victims of trafficking is the provision of compensation. Accordingly, child victims of trafficking are eligible to claim compensation: (i) for being subject to human trafficking in accordance with the Anti-trafficking in Persons Act; (ii) from offenders in accordance with the Penal Code; (iii) from the provision fund for prevention and suppression of human trafficking as prescribed in the Anti-Trafficking in Person Act. The compensation shall be awarded based on the damage caused to the victim’s life, mind, property, reputation and other criteria. Moreover, there is a provision fund for rehabilitation, occupational training and development from the Ministry of Social Development and Human Security (MSDHS). The Committee notes the Government’s information that it, through the Ministry of Justice, provided compensation of 15,290,000 Baht to 3,023 victims of trafficking. In addition, the MSDHS provided financial assistance to 619 victims of trafficking, including 310 child victims who were assisted with a total of 2,048,600 Baht. The Committee requests the Government to pursue it 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 provide information on the number of child victims of trafficking who have been provided assistance and rehabilitated in its various protection centres.

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee notes the Government’s indication that in November 2012, the CCHT signed an agreement with the National Police Office of Myanmar to organize meetings and share information on trafficking in persons and transnational organized crimes. This agreement aims to enable both countries to cooperate with respect to trafficking of persons across the borders as well as in providing appropriate assistance for victims of trafficking. The Committee notes the Government’s information that owing to this cooperation, several victims of trafficking from Myanmar were identified and removed and three offenders were arrested and prosecuted in 2013. Moreover, a workshop on laws and regulations related to child labour was held from 30 July to 1 August 2014 in Chiangmai province to enhance cooperation among government offices of Thailand and Myanmar, private sectors and NGOs in the border areas as well as to provide assistance and protection to child migrant workers. A total of 105 officials participated in this workshop. The Committee also notes the Government’s information that Thailand and Australia signed an MoU to proceed with Australia-Asia Programme to Combat Trafficking in Persons to enhance capacity in judicial procedures related to trafficking of persons. The Government further indicates 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 4 of the subregional Plan of Action to combat trafficking in persons.

In addition, the Department of Social Development and Welfare of the MSDHS, implemented the following activities in cooperation with other neighbouring countries:

• -Anti-human trafficking campaigns were initiated in border areas with the aim to enhance cooperation in the Greater Mekong Subregion to prevent and resolve issues related to trafficking in persons and to develop repatriation and reintegration measures.
• -Bilateral Case Management Meetings are being held every six months with Myanmar and Lao People’s Democratic Republic to develop working mechanisms to handle all challenges related to trafficking in persons.
• -Remand Centres for Victims of Trafficking have been established in Myanmar and Cambodia to assist victims and reintegrate them into their society.
• -The MSDHS in collaboration with the World Vision Foundation have developed a mechanism to support anti-human trafficking by launching a research project on “Vulnerable ways and patterns to becoming victims of Trafficking” for policy and strategy formulation to prevent trafficking in persons in Thailand and neighbouring countries.

The Government also indicates that it is in the process of initiating similar bilateral MoUs with the Governments of Malaysia, Brunei Darussalam, United Arab Emirates, China and India. Noting that cross-border trafficking remains an issue of concern in practice, the Committee encourages 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 matters in a request addressed directly to the Government.