Forced Labour Convention, 1930 (No. 29) - Thailand (Ratification: 1969)
Protocol of 2014 to the Forced Labour Convention, 1930 - Thailand (Ratification: 2018)

Individual Case (CAS) - Discussion: 1995, Publication: 82nd ILC session (1995)

The Government supplied the following information:

1. Data and trends in the number of child labourers. According to education statistics collected by the Ministry of Education, during the period 1990-1994, 2.56 million children completed compulsory education at the age of 13 and then did not further their education at the intermediate and high school levels. According to the Economic and Social Development Plan No. 8 for the period 1997-2001, the trend in child labour exploitation is projected to decline to 1.4 per cent as a result of the birth control policy in effect during the preceding period. In addition, the policy to expand educational opportunities has led to a decreasing number of children outside the educational system, from 56 per cent in 1990 to 11 per cent in 1994. It is expected that in 1996, the last year of Economic and Social Development Plan No. 7, the Government will succeed in expanding compulsory education from six years (at present) to nine years, which will significantly enhance the opportunity for children to prolong their period of education until the age of 15. In pursuit of this goal, the Ministry of Education has prepared a draft of the Basic Education Act for submission to the Government and the Legislature for consideration. With regard to child labour in the non-agricultural sector, it is estimated that about 95,000 to 100,000 children are employed in small businesses (not over 20 employees) such as clothing, shoe, bag and decoration manufacturing, gem cutting and polishing, automobile and motorcycle repair, and gas stations and restaurants. According to labour inspection undertaken by officers of the Department of Labour Protection and Welfare, it was found that in small businesses, 85 per cent of child labour is from 15 to 18 years of age. No child labour was found in large businesses because they rely heavily on production processes and manufacturing technology that require more physically and mentally mature workers.

2. Child Labour Policy. The policy of the Government of Thailand at the legislative, administrative and operational levels is as follows. With regard to legislative policy, the policy of the Government toward protection of children is set out in section 82 of the Constitution of Thailand 1991: "Government should support the people of working age to obtain employment, and should ensure the fair protection of labour, especially women and child labour, and provide for the labour relations system including the settlement of fair wages". At the administrative level, Economic and Social Development Plan No. 7 for the period 1992-1995 adopts Government policy regarding child labour as reflected in various parts of projects such as the elimination of poverty which is the reason for exploitation of child labour; the expansion of economic and social growth in rural areas and the enlargement of educational opportunities in both conventional and non-conventional academic systems; the consideration of child labour as an economically underprivileged group in need of special treatment; the expansion of labour protection to the agricultural sector; and the development of the quality of life of employees. On 21 October 1992, Prime Minister Chuan Leekpai announced Government policy to Parliament in stating: "Encourage children to have more educational opportunities. Expand compulsory education from six years to nine years, so that children will enter the labour market when they are 15 years of age, which is the suitable age for beginning work because at that age they are considered mentally mature with grown and strong bodies so that they can protect themselves. In addition, they are able to understand how to survive living in the city and working in industry". In an address on 2 November 1992, he reiterated his explicit intention that there be "no exploitation of child labour". At the operational level, the Ministry of Labour and Social Welfare announced the following policy on 23 September 1993: "Economically underprivileged groups, especially workers in the agricultural sector, workers paid low wages in cities, women and child labour and Thai workers abroad should have job security, receive fair wages and be sufficiently protected with regard to appropriate working conditions, and should have adequate and thorough welfare coverage".

3. Schemes and Implementation. The problem of child labour exploitation is clearly a social problem affected by imbalanced economic and social development. The Government has long been aware of the fact that children are one of the most precious human resources that will grow up and undertake responsibility for the economy of the country and the good of society. On this basis, the Government has applied its policy and implemented various measures through the Ministries concerned. The Ministry of Labour and Social Welfare has implemented systemized and sweeping schemes, beginning with campaigns to discourage children prior to maturity from entering labour markets, and increasing educational opportunities and options for child labour both in the course of their education and when working, to prevent them from being exploited and abused. Accordingly, three measures were designed to cover all possible aspects: prevention, protection, support and development. All are aimed at one single outcome: the elimination of child labour exploitation. They focus on cooperation among the appropriate offices, both inside and outside the Ministry, and include an effort to invite more involvement from local communities so that they can be part of the mechanism designed to solve the problem. These social measures are as follows:

3.1 Prevention of child labour exploitation. This measure is implemented in order to protect and resolve the problem at an early stage by offering proper direction for children in rural areas who plan to enter the labour market. Not only does this measure provide knowledge and understanding of employees' rights and responsibilities under labour laws, including preparedness and working skill, but it also encourages people's awareness at the village level to convince adults to become more involved and supportive with respect to the anti-child labour exploitation movement. In the year 1995, two significant projects will be implemented. The first is the Woman and Child Rescue Operation Centre, which began in 1994 and is continuing to this date. Its budget of 9.8 million bahts is directed to areas, activities and targets as follows: (1) Children who are outside of the educational system aged 13 to 18 years. (2) Targeted areas, focusing on where there is a low rate of intermediate education, and/or a heavy volume of child labour migration, in two districts of each province, except for Bangkok and the neighbouring five provinces. (3) Activities include: (i) establishment of the Woman and Child Labour Rescue Operation Centre in all 76 provinces, chaired by the governor and comprised of high-ranking representatives of the provincial office of the Ministry of Labour and Social Welfare and high-ranking representatives of other governmental offices concerned, as well as representatives of non-governmental organizations, if necessary; (ii) establishment of a training programme for village labour volunteers in 70 provinces (two districts for each province, and 85 villages in each district, amounting to a total of 11,900 training programmes); (iii) training of community leaders of 85 villages of both districts of 70 provinces; (iv) training on child labour for 40 school principals and two district education officers of each of 24 provinces, amounting to a total of 1,008 persons trained; (v) training of children regarding preparedness for working, involving 28,800 children (two districts of each of 24 provinces, and 30 students from 20 schools in each district covered); (vi) cooperation regarding occupational training programmes in 70 provinces, involving 30 participants in each province, amounting to a total of 1,008 participants.

The second significant project to be implemented in 1995 is referred to as "Prevention and Resolution of Child Labour Exploitation (Regional)". Cabinet granted approval in principle on 1 November 1994 to the improvement by the Department of Labour Protection and Welfare of the five-year project on the prevention and resolution of child labour exploitation (regional) under a budget of 210 million bahts. This project will be responsive to activities carried out by the Woman and Child Labour Rescue Operation Centre, focusing on child labour in rural areas. An application has been made to the Budget Bureau for the budget for the fiscal year 1995.

3.2 Anti-child labour exploitation scheme. Children who work in working premises ("destination child labour") would be entitled to working conditions and employment protection under the Labour Protection Act. In addition to the general provisions regarding hours of work and days of work, the Act also includes the following specific provisions regarding the exploitation of child labour: (1) Employment of children under the age of 13 shall be absolutely prohibited. (2) Children under 15 years of age but at least aged 13 would be permitted to work at commercial premises not involving the sale or consumption of liquor, newspaper delivery, sport-related services, collecting and selling flowers, selling tea and alcohol-free refreshments, and work involving lifting, carrying, supporting or pulling objects weighing not over 10 kilograms. (3) Children between 13 years and 18 years of age shall not be permitted to work in the five following premises: slaughterhouses, gambling places, dance floors, Thai local dance floors whether or not prostitutes are permitted to be present, places where food and liquor are served and prostitutes are present to take care of customers, brothels, and massage services with or without prostitutes offering sexual services. In order to implement the established schemes, the following activities were carried out: (1) District labour inspectors in Bangkok from 36 districts (a total of 100 officers), and provincial labour inspectors of 75 provinces (300 officers) launched an intensive labour inspection of working premises from January to September of 1994; 27,066 working premises throughout the country and a total of 1,399,176 employees (670,299 male workers and 719,971 female workers) were inspected; 230 of these employees were under 13 years of age; 1,184 were at least 13 but under 15 years of age; and 7,562 were at least 15 but under 18 years of age. In 23 cases, employers were prosecuted on the basis of allegations of child labour exploitation. (2) Letters were circulated to 904 trade unions that have a total of 240,000 members asking them to help by inspecting and reporting to officers if any kind of child labour exploitation was found in their areas. (3) A training programme was established for 2,000 professional bikers to encourage them to undertake surveillance to determine whether any form of child labour exploitation was occurring concealed in small and barely accessible areas such as commercial buildings in small roads (referred to as "soi"). (4) Letters were circulated requesting assistance from non-governmental organizations such as the Child Development Foundation (CDF). (5) A grievance centre was established that offered a 24-hour "Hot-Line Service", with numbers to be called during and outside hours of work. In 1994, there were 166 calls concerning complaints. When investigated, in seven cases the alleged working premises were not located; in 63 cases the alleged exploitation was not found; in 96 cases the alleged child exploitation was found but there was no child confinement; 830 child employees were found (two under the age of 13, 110 at least 13 but under 15 years of age; and 718 between the ages of 15 and 18; in 14 cases prosecutions were carried out; and in 36 cases written warnings were issued suggesting that employers comply with the law. Eleven child workers returned to their domicile, new jobs were arranged for eight child workers, and nine were sent to the public foster home. Forty child workers were represented by the officers for the purpose of obtaining rights and benefits withheld from them by their employers. (6) Cooperation with the Department of Employment Service to acquire additional information regarding the employment of child labour in order to be able to dispatch labour inspectors to determine whether there was any form of child labour exploitation. In October 1994 there were 892 children from 15 to 18 years of age employed by 421 employers. Of these children, 603 worked as salespersons, 39 as manufacturing staff, 18 as general staff, 44 as delivery staff, 48 as household workers, and 140 were involved in other activities. (7) An amendment of the Labour Protection Act is currently under consideration that would reduce the hours of work of child workers to six hours per day. A new regulation that would offer a reward to informants who disclose information leading to the prosecution of persons who exploit, confine, restrict or abuse child labour is also under consideration.

3.3 Development of anti-child labour exploitation schemes. The development of anti-child labour exploitation practised in the workplace ("destination labour") will be more focused on quality of life, creation of opportunities, educational options, and enhancement of working skill for child labour for the purpose of increasing quality of life, knowledge and working skill to assist them to obtain better jobs and higher incomes. The following activities and targets have been established for the fiscal year 1995: (1) Lectures on law, ethics, drugs, quality of life improvement and recreation for 1,920 child workers in working premises. (2) Establishment of a programme on the improvement of the quality of life of child labour. (3) Activities in accordance with the Support and Development of Child Labour in Working Premises Project in compliance with Cabinet Resolution dated 25 November 1994, funded by the 1995 fiscal year budget to carry out the following development of anti-child labour in working premises: (i) arrangement of compulsory education for 410 child workers in business premises; (ii) working skills training programme for 410 child workers in business premises; (iii) child labour corners in ten schools; (iv) recreation programme for 540 child workers.

3.4 Anti-Child Labour Exploitation Committee. This Committee was established by Cabinet Resolution in order to determine the approach and measures necessary for the protection and development of anti-child labour exploitation schemes. It is chaired by the Minister of Labour and Social Welfare, who is empowered to appoint four subcommittees: (1) The Subcommittee on the Elimination and Prevention of Child Labour Exploitation chaired by the Deputy Permanent Secretary, which held a meeting to consider the draft regulation of the Ministry of Labour and Social Welfare regarding the payment of rewards in child exploitation cases. (2) The Subcommittee on Cooperation regarding Anti-Child Labour Exploitation chaired by the Director-General of the Department of Labour Protection and Welfare, which held a meeting to consider and gather plans and projects regarding child labour implemented by governmental offices and non-governmental organizations in order to identify an approach to cooperation (networking). (3) The Subcommittee on Public Relations regarding Anti-Child Labour Exploitation, chaired by the Director-General of the Department of Public Relations, which held a meeting to consider the approach to preventing child labour exploitation. (4) The Subcommittee on Addressing Basic Necessities of Child Labour chaired by the Permanent Secretary of the Ministry of Labour and Social Welfare.

3.5 Cooperation with the International Labour Organization. Thailand, as represented by the Ministry of Labour and Social Welfare, has participated in the International Programme on the Elimination of Child Labour (IPEC) since 1992 and implemented a pilot project to campaign for and encourage that all relevant factions be more concerned and involved in the programme of prevention and elimination of child labour. In 1995, there are plans to carry out the following tasks: (1) Improvement of the project management system by establishing the international project management bureau regarding elimination of child labour exploitation to be located in the Office of the Permanent Secretary of the Ministry of Labour and Social Welfare, to function as a cooperative unit on data, planning, projects, budgeting, and cooperation among the governmental offices and non-governmental organizations to enable consistency and cooperation regarding information and news concerning the IPEC project. (2) Improvement of the National Steering Committee (NSC) functions in determining policies, direction of the anti-child labour exploitation movement, and consideration and approval of project operation plans applying for assistance from IPEC. (3) Improvement of a pilot project to determine the form and approach of child labour elimination and apply for financial assistance (15 million bahts) from ILO/IPEC to finance the following projects: (i) project to establish a child labour information centre; (ii) project to increase the effectiveness of child labour inspection; and (iii) project to support and develop anti-child exploitation in working premises.

In addition, a Government representative stated that the Thai Government had long been aware of the fact that children were a most precious human resource. The Government was promoting the opportunity for their higher education and was trying to abolish the abuse of child labour, and measures had also been taken to protect working children in establishments. The child labour problem had been recognized as a high policy priority. The Government, since 1992, had prepared a document to abolish the abuse of child labour. In November 1994, the Government approved a large budget for a five-year programme on preventing and eliminating problems in rural areas, and to improve the working conditions of children in establishments.

He referred to the assistance provided by the ILO and the International Programme for the Elimination of Child Labour (IPEC), starting from July 1992, composed of various action programmes, including the participation of various actors, such as government agencies, NGOs, employers, teachers and the media, to tackle the problems of child labour and of children in prostitution. The contribution of IPEC strengthened the role of the Ministry: for example the Ministry had a national information centre on child labour, conducted training for labour inspectors and operated pilot programmes in provinces. IPEC's initiative also developed alternative education such as skills training and informal education to overcome the risk that girls in the north of Thailand would fall into prostitution. Teachers had also been mobilized to play an active role in creating awareness among schoolchildren in the rural areas. For the next few years the Ministry of Education intended to develop a curriculum at the secondary school-level for girls at risk.

The Government had conducted a review of national policy and programmes on child labour in cooperation with the ILO and IPEC and had used it as one of the inputs to the technical workshop conducted last month, where Government, NGOs, employers' and workers' organizations and academics were invited to propose a plan of action. As a result, a five-year Plan of Action 1996-2000 was prepared and would be utilized by the Government as a framework to tackle the problems.

Measures had also been taken regarding labour inspection: for instance, measures to encourage the disclosure of information leading to the prosecution of those who exploited child labour, and the creation of centres to receive complaints so that immediate inspection could be undertaken to help abused children. In 1994, more labour inspection had been carried out than in previous years, especially in small-scale enterprises, and it had found that the number of employed children had been reduced significantly.

Apart from the deliberations of legislation and enforcement, the Government had made arrangements to ensure that child labour would be prevented at the community level before children entered the labour market. Most children working in Bangkok and in big cities were from rural areas. The Cabinet approved in November 1994 a programme on the prevention of violence against children and to provide children with information and knowledge on their rights, duties and work discipline. The speaker referred to the activities and programmes mentioned in the written information provided. He added that children who continued their studies at the secondary level had increased from 45 per cent to 83 per cent in 1994. The figure further increased if those who were in informal education were included. Success in this regard was due to intensive measures, such as the exemption of tuition fees, free transportation, provision of school uniforms and stationery, free lunches, etc. - measures that were focused especially on rural areas.

The speaker concluded by emphasizing the good intentions and sincerity of the Government to tackle child labour problems, as a means of promoting social development, and assuring that further details would be provided in 1996 as requested by the Committee of Experts.

The Employers' members thanked the Government representative of Thailand for the information provided, which gave a fairly good historical review of the developments in the law and practice with respect to child labour in Thailand and, in particular, dealt with aspects of the 1994-95 programme.

This was really a case of whether the glass was half empty or half full. The present Committee had been discussing this case since 1985; this year was the seventh time that this case had been discussed; in 1991 this case was placed in a special paragraph; and in 1993 there was a direct contacts mission by the ILO that immediately followed the restoration of democracy in Thailand. The Employers' members underlined the positive facts that the Government had not denied that child labour existed and that, since 1993, the Committee had seen some improvements in the law prohibiting child labour, particularly with respect to children under the age of 13 and to limits on the kind of work that could be done between the ages of 13 and 15. There were also some indications of government plans to extend compulsory education to grade-7 in the immediate future, but that had not been done yet.

While there was legislation that prohibited child labour, the Employers' members doubted that the inspection process and the prosecution of violations were really effective. Based on the data available it seemed that inspections were somewhat superficial. The low number of prosecutions reported indicated that in most of the cases in which inspectors found violations, prosecutions were not actually carried out. It was hard to determine if the Government had the will because it had programmes and legislation, but did not take the necessary action, including prosecuting those who violated the child labour laws. The Government had good intentions, but it was not aggressive enough in solving the problem of child labour. Concrete steps were needed urgently to improve labour inspection and enforcement of the child labour prohibition.

The Workers' members recalled that the case of Thailand had been discussed frequently by the Committee in relation to the application of the Convention and in particular in 1990, 1991, 1992 and 1994. Likewise, it had been mentioned in a special paragraph in 1992 and a direct contacts mission had taken place in 1993. They also recalled that the conclusions of the present Committee at its last meeting had been very firm. The present Committee had hoped to verify in this year's session a real improvement in the extent to which there was conformity with all provisions of the Convention, and likewise to observe the application of measures and promises announced in the different declarations of the Government to eradicate child labour. The present Committee asked the Government to take all measures, with the help of the ILO if it were necessary, to eliminate child labour. The Government had explicitly expressed promises relating in particular to the education of the population concerning the problems stemming from child labour and to giving priority to the problem; and had promised to send all necessary information to permit the assessment of a real improvement.

The Workers' members stressed that they had hoped for real progress. Unfortunately, the written and oral information provided by the Government did not indicate a change in either thinking or attitude. For numerous years, the Government had acted as if speaking of the abolition of child labour would effectively abolish it. For example, in the written information, the Government had mentioned numerous statistics concerning the effective controls which had resulted in only 23 employers being prosecuted in a country which had thousands of enterprises. There was no indication of the outcome of these prosecutions; furthermore, the Government could, at any time, drop the prosecutions pending before tribunals. The Committee of Experts referred to this point in its report. The Government also reported that there were 36 written warnings issued suggesting that employers comply with the law. The Workers' members asked if the Government could provide precise information on the outcome of these prosecutions. The Government and the Prime Minister had announced for several years that the age for compulsory education would be extended, but stated this in a vague formulation which did not promise anything concrete.

The legislation prohibited child labour; none the less, the sanctions were ridiculous. Only in the case of the death of a child or grave physical or mental abuse, could the employer be sentenced to one year of imprisonment. Likewise a prison sentence could be reduced to a fine, and the Government or certain officials could remove a case from the competence of the court. In the case of a conflict between the Labour Code and the Penal Code as frequently occurred concerning child labour the provisions of the Labour Code governed, whose sanctions were very trivial. The Government also referred to social assistance programmes for women and children. The number of children covered by these programmes was extremely limited, considering the magnitude of the problems. The budget allocation for the execution of the Five-year Programme for the prevention of the exploitation of children was in the order of 210 million bahts for the whole five-year period (approximately 10 million Swiss francs). Given the magnitude of the problems, this budget allocation was almost ridiculous. Observing the commitments which had been made and the practice, the Workers' members concluded that the statistics given in the report were unrealistic from the point of view of the magnitude of the problems which were acknowledged, and that the approach that had been taken to the problem was too bureaucratic and too superficial. Child labour did not appear to be a political priority for the authorities. This was the principal conclusion that was taken from the observations of the Committee of Experts. The measures that had been adopted, such as the creation of a Ministry of Labour and Social Welfare or the execution of certain assistance programmes, went in a positive direction but were totally insufficient and were not integrated into a coherent and sustained policy. Measures such as the extension of the age of compulsory education, the reinforcement of sanctions, the improvement of prosecutions, and the education of the public were not sufficient.

In agreement with the Committee of Experts, the Workers' members considered that fundamental rights must be respected by all countries, irrespective of the level of economic and political development. The Committee of Experts called attention to the fact that Thailand had attained a spectacular level of economic growth, and was an emerging industrialized country. This development was positive, but unfortunately widespread poverty, and profound inequalities between the rich and the poor had been aggravated. Equitable distribution of the wealth which came from world economic markets did not exist, in particular given that there was a lack of fiscal and social policy and of an effective education policy.

Lastly, the Workers' members thought that the Government should: (1) take into account the observations, requests and suggestions of the Committee of Experts; (2) immediately apply a coherent and sustained policy and take concrete measures, such as establishing a complete and operative judicial framework which included effective prosecutions, sanctions, inspections, and action to combat child labour; (3) develop coherent and credible programmes and take sufficient budgetary measures for the reintegration into society of children who were the victims of forced labour, of dangerous jobs, of jobs which harmed their health, and of sexual exploitation, all in collaboration with the ILO; (4) proceed with the extension of compulsory education; (5) conduct education campaigns for the public to combat child labour and fraudulent recruitment; and (6) guarantee the application of a coherent social policy with the aim of promoting the distribution of the fruits of economic progress throughout the population.

The Workers' members requested that the conclusions of the Committee include a special paragraph, given the gravity of the problems and the overly formal and bureaucratic approach, with the objective of signalling that the time for reflection and half measures had ended.

The Workers' member of Italy agreed with the statements of the Workers' members. He indicated that, although Thailand had been a democratic Government since 1992, had taken action at the legislative level and had cooperated with the ILO (in the framework of the Committee of Experts, by accepting a direct contacts mission and by participating in IPEC), the persistence of child labour and sexual exploitation, and of forced labour in general, offered a gloomy picture. The penalties provided for in legislation against such violations were lenient and were also open to negotiation between the guilty parties and the authorities, with the imaginable consequence of corruption. A political determination to confront the problems in question did not exist. A grave situation existed in which thousands of children were forced into prostitution, where the spread of AIDS increased and children were increasingly being born infected by the virus transmitted by their mothers. This past year the Committee learned that several million children under the age of 12 were working in enterprises in the country. Eradicating this tragedy required intensive work at the national level since these practices were rooted in society and authority, in particular following a period in which democracy did not exist. At the international level everything possible must be done to produce a positive change in the sense indicated by the Committee of Experts concerning concrete action, measures and strategies. The International Programme for the Elimination of Child Labour should be strengthened. The Government should collaborate with the ILO to improve the legislation, with the Committee on Human Rights, and with the United Nations Committee on the Rights of the Child. Governments and interested social groups should be invited to adopt a code of conduct which would apply to tourist agencies and which would prohibit those services that promote the sexual exploitation of children. Regional organizations such as the European Union and the international organizations for economic planning which exist in Asia, and in the Pacific in general, should elaborate programmes in the framework of their activities and economic relations, to eliminate forced labour and the exploitation of children in the world.

The Workers' member of Korea drew the attention of the Committee to the fraudulent recruiting, kidnapping and trafficking of girls in the north-eastern border region of Thailand and from neighbouring countries, for sexual slavery. Sexual slavery of young girls was clearly the most serious and intolerable criminal act which should be prevented and, if done, be punished most severely. A meagre fine or a maximum one year prison sentence was not sufficient.

The Workers' member of Japan noted that, unfortunately, child labour and abuse still persisted not only in Thailand, but also in many other countries. But this case was particularly serious because the systematic organization of child labour had been left largely unabated. The Government representative provided detailed information on measures taken, but actual progress had been slow and the achievement so far was not substantial enough. The present Committee should request the Government of Thailand to take more stringent measures against those who had broken the law, and emphasize the need to strengthen the law and legislation so that those people who were engaged in organizing child labour could be brought to justice more effectively. Furthermore, the Government must embark upon a comprehensive programme with the cooperation of the ILO and other UN agencies operating in the field of child protection. The Government should also invite other countries, particularly those countries which have invested heavily in Thailand, or who are extending assistance to Thailand, to take part in such a programme. The speaker stressed that the elimination of child labour must be the prime responsibility of the country concerned but at the same time the international community as a whole must shoulder greater responsibility.

The Government representative of Germany recalled that in 1991 a special paragraph had been devoted to this case in the general part of the report. Since then, there had been at least a change in the awareness of the people responsible for the state of affairs, but that was not enough. The problem in this case was not so much a matter of the legislation as of enforcement of existing legislation and of prosecution and appropriate sanctions. However, the ILO-IPEC evaluation carried out in Thailand identified a number of non-governmental projects which gave a glimmer of hope. The conclusions of the present Committee should encourage the Government of Thailand to take additional measures concerning effective law enforcement and cooperation with IPEC. Likewise, the Committee should continue to support IPEC projects. Regarding the sexual exploitation of children, it was difficult to point a finger only in one direction. Prostitution was a market, with supply and demand. In this situation the supply came from Thailand but the demand usually did not come from Thailand.

The Government member of Finland, speaking also on behalf of the Governments of Denmark, Iceland, Norway and Sweden, observed that Thailand was one of those East Asian countries whose gross national product had increased significantly during the past few years. The state of human rights in that country should be improved accordingly. She hoped that the Government would, with the assistance of the ILO, UNESCO and UNICEF, take all the necessary steps in order to abolish all forms of forced child labour and to give exploited children the possibility to go to school and thus have a future and human dignity.

The Workers' member of Greece indicated that this was a very grave case, and was not limited to legislative aspects. The diplomatic language of the Committee of Experts left out the picture of the situation that had not improved over the past year and which was shameful for humanity. This phenomenon also occurred in other countries. It was intolerable that in Thailand an employer who was guilty of child labour or sexual exploitation would incur a penalty of only one year of imprisonment, which could be reduced to a simple fine. He stressed that sexual exploiters, in place of being judged for violations of the Convention on forced labour, should be judged for premeditated murder. Although there was no doubt that the Government had good intentions and had acted in good faith, it should be underlined that the Government's statistics on convictions did not match its professed intentions. In this regard, he asked the Government representative to clearly state the number of convictions and types of penalties that had been faced by the exploiters of children and their clients. Had any of these people been detained and sentenced? Had anyone been condemned for these sex tours and had a finger been pointed at the agencies which organized them? The speaker indicated that he didn't have much hope that the situation would improve. Public opinion must be mobilized through communication measures and publicity so that all the world would know what was going on in Thailand and other countries, and would stop, with a unified voice, this market which shames humanity.

The Workers' member of Zimbabwe observed that most of the countries in which this type of problem was prevalent were very poor, but Thailand had made very significant developments in terms of its economic growth. The report of the Committee of Experts, based on evidence from mission reports, indicated that there was a clear reluctance on the part of the Government of Thailand to enforce the laws to eradicate child labour, and it was reluctant to use its newly acquired resources to eradicate this very serious problem. Inequalities in the distribution of the fruits of economic growth were the reason why the Workers' members had called for a social clause to be linked to trade. The speaker called on the Government to take note of the points that had been raised by the Committee of Experts to enforce the laws which called for the eradication of child labour.

The Government representative replied that, first, as concerned compulsory education, a system was currently being implemented but it could not be done in a short time. Second, as was mentioned earlier, the percentage of children in school was almost 90 per cent. Third, the abuse of child labour was decreasing. Violations of child labour laws constituted a serious penal offence and information had been provided about 33 cases. The speaker thanked the Committee members for their comments which the Government would consider very seriously, and stated that the Government would report back to the Committee of Experts in 1996.

The Workers' members, after evaluating the discussion which had taken place, indicated that, despite the initiatives adopted, this case should be included in a special paragraph with the objective of calling attention to the importance of the case and the realities which existed, since an approach which was too formal and bureaucratic would be insufficient. A special paragraph would draw attention more effectively; time for reflection and for taking moderate measures had ended. If the Employers' members took another point of view on the special paragraph, then the Committee should clearly adopt firmer conclusions than last year.

The Employers' members declared that they evaluated the case in a manner not very different to the Workers. What was needed was to determine which was the better approach to improve the situation. Given the proportion of the problems created, the conclusions of the Committee should be very vigorous and should ask the Government to eliminate child labour, in particular making labour inspections more effective, as well as increasing the prosecution and sentencing of those who exploited child labour. The Committee should ask the Government to decisively resolve the aforementioned problems. If the Government did not do this, in the following year this case should be put in a different part of the present Committee's report.

The Committee noted the detailed information furnished by the Government in writing, as well as the supplementary oral presentation made by the Government representative. The report of the Government seemed to indicate the good intentions of the Government, as well as certain steps taken in the right direction. While certain changes in the laws had been implemented by the Government, the Committee regretted and was deeply concerned that law enforcement was inadequate, levels of prosecution of offenders were negligible, and penalties rather non-deterrent. In these circumstances, the Committee strongly urged the Government to assign absolute priority to the elimination of child labour. For this purpose, the Government should bring under implementation a coherent, consistent and sustained policy, and follow up the same by immediate measures within an efficient and operational framework supported by meaningful and convincing levels of budgetary allocation. In particular, the Government should establish very strong measures for effective enforcement, severe penalties and exemplary prosecutions that would really serve the objective of eradication of child labour. The Committee further called upon the Government to furnish full information on the measures taken to this effect, as well as on the follow-up of the various plans and schemes referred to in the Government's report so as to enable the Committee to note real progress in the very near future. The Committee also observed that it reserved the right to opt for a special paragraph on the matter after reviewing the performance of the Government next time.

Individual Case (CAS) - Discussion: 1994, Publication: 81st ILC session (1994)

The Government supplied the following information:

The Government refers to the 1994 observation of the Committee of Experts, in particular, the section entitled "Child sexual exploitation" in which "non-governmental organizations' (NGOs) estimates range from 200,000-300,000 to 800,000 children in prostitution". The Government is aware of the origin of the said non-governmental organizations' estimates and has examined them carefully. It wishes to make the following observations:

According to the Special Rapporteur on the Sale of Children in his report to the Commission on Human Rights (document E/CN.4/1992/55 of 22 January 1992, paragraph 151): "there is a debate as to whether there are really 800,000 child prostitutes or whether this is a gross exaggeration. The available statistics are often out of date; for this reason, this report does not wish to delve into exact computations of statistics, precisely because they are incomplete". Given the fact that statistics in the area of child prostitution are incomplete and that the issue of child prostitution is universal and can be found in all countries, it is regrettable that the report of the Committee of Experts should thus publish statistics that are incomplete and that have yet to be proven. Meanwhile, the Thai Government is actively engaged in eradicating child sexual exploitation. Keeping this objective in mind, it has pursued its study in detail in order to determine with as much certitude as possible the statistics in this matter. According to the latest research conducted by the competent authorities in Thailand, an estimate of 20,000-30,000 children in prostitution would seem to correspond much more to the facts and reality.

In addition, a Government representative noted the precise, fair and objective observation of the situation in the Committee of Experts' report and also expressed appreciation to the Director-General for making the direct contacts mission possible. He considered that the extent to which labour standards are introduced, developed and enforced depended on the existence of democratic government and on the capacity of the national government to implement appropriate measures in practice. He pointed out that the direct contacts mission which took place in September 1993 coincided with the restoration of democracy after military rule and stressed the strong commitment made by the Prime Minister to do away with child labour. In the field of labour, new reforms had been adopted such as the provision of 90 days of maternity leave with pay; maximum overtime of 24 hours per week; a Bill had been submitted to Parliament to re-establish the right to organize and collective bargaining for state enterprise workers; and the Ministry of Labour and Social Welfare was established after some long delay. As to the specific points raised by the Committee of Experts, the Government representative admitted that he could not deny the existence of child labour and children working under conditions of exploitation in Thailand. Under the present labour law, children under 13 years of age are not allowed to work; children between 13 and 15 years of age are allowed to do work that is not harmful to their physical and mental health. In addition compulsory education has been extended by three years to cover up to grade nine. He stated that experience had revealed that 85 per cent of children continue their education and considered that such a trend would reduce the number of children in employment. The new Government has also amended the Criminal Code to increase penalties for those who commit serious offences to 20 years' imprisonment and life sentence in the case of the child's death. This amendment has been approved by Parliament in April 1994 and is expected to become law some time in July 1994. Second, regarding policy and measures to solve child labour, the Government representative pointed out that a high-level committee on child labour had been set up, chaired by the Minister of Labour and Social Welfare and consisting of the government departments concerned, NGOs and academics. The main task of this committee is to coordinate the work and to mobilize all concerned to prevent child labour and protect children in employment through a campaign to increase public awareness at all levels. In addition, several working groups had been established to work on such programmes as public relations campaigns and a "Centre for Community Watch" with the participation of NGOs and workers to keep a close eye on child labour. As to enforcement, the speaker noted that from September 1993 to the end of May 1994, a vigorous inspection had been made covering more than 7,000 establishments and that 44 employers had been prosecuted for violation of labour laws. Third, as to the progress of new labour laws, a draft Bill had been submitted to Parliament, which was expected to discuss it at the present session (May to August 1994). Main and new features of the Bill included the prohibition of employment of a child on holidays, reduction of working hours (six hours a day and 36 hours a week) and prohibition of sale of women. Fourth, the Government representative underlined the establishment of the Ministry of Labour and Social Welfare, which became operational in September 1993. He considered that the fact that the responsible agency had received a ministerial rank and also adequate staff and resources explained the many actions taken during this short period. The speaker expressed his Government's willingness to work with national and international agencies, particularly the ILO, to enhance the capacity of the Ministry to implement its programme. He promised that further detailed information on progress would be provided in the next report to the Committee of Experts. He concluded by reiterating that child labour had become a high priority issue for his Government, that there existed a high level of awareness of child labour in the society and that several policies and measures had been translated into action.

The Workers' members, after recalling the previous discussions on the case in the Conference Committee including a special paragraph in 1991, expressed disappointment at the non-receipt of the report of the Government, although information in the report came from the direct contacts mission which involved the Government. They considered that nothing was more distressing and horrifying for the Committee than to see the indications in the Committee of Experts' report, for instance, that children were bought and sold, that child-catchers were operating in the country. They pointed out that, although there were laws and although the Government's indication of the increased penalties was welcomed, there was little or no enforcement. They stressed that in spite of high-sounding policy statements in 1988 and 1992, the problem persisted. They noted that the direct contacts mission obtained a considerable amount of information from NGOs like the Women Lawyers' Association, while the Government did not seem to be aware of such information. They noted the Committee of Experts' reference to the National Youth Bureau's research material and quoted it for the purpose of record: "Most of the children lacked the opportunity to go home for a visit, or even to get in touch with their family; some of the children to whom advance payment had been made were not allowed to go outside the workplace ... Many children staying with the employer were found to be confined, scolded and physically and psychologically assaulted." They further quoted the "evidence given in particular by one rescued boy; he had been kidnapped at the railway station, was forced with other children to work extremely long hours, was beaten and not allowed to go out or look through the window. The factory in question, like many illegal factories, was composed of two adjoining sweat shops with all their windows sealed and the only corridor barricaded" and pointed out that this sounded like a nineteenth-century story by Charles Dickens. In view of such situations, the Workers' members were unimpressed with the argument by some Government members, particularly from Asian countries, during the general discussion that the social clause would discriminate against them and that it would be unfair to prevent the competition that they are able to achieve at the moment. The Workers' members referred to the paragraphs in the Committee of Experts' general report regarding child prostitution which was promoted in the West as a tourist attraction. They also criticized the import of products made by child labour to the West, which causes loss of employment there. As to the law enforcement, they noted that the labour inspectorate was still under-staffed and under-equipped, even after some small improvements, and pointed out that the reduction in labour inspectors was found also in Western countries. As regards prosecutions, they underlined the need for severe sentences to be imposed and to be publicized to serve as deterrents. They also hoped that the measures of community awareness-raising and mobilization would create an atmosphere in which such situations would be discouraged and would be reported to the police for action. As to the figures concerning child prostitution, as shown in the written information provided, the Workers' members noted the existence of some argument about the number, but considered even 20-30,000 was horrifying and refused the Government's excuse that the statistics on child prostitution were incomplete. The Workers' members considered that the statement made by the Government representative gave some modest signs of the Government's efforts and wished to give every positive encouragement to the Government to take serious measures. They suggested recording their deep concern and that the case should be examined again next year after the examination by the Committee of Experts of the promised report of the Government.

The Employers' members welcomed the information supplied by the Government. They focused their comments on some points that they considered particularly important and tried to visualize the problem. The problem concerned the situations where children work instead of going to school, are prevented from seeing their family, are beaten and confined and even sexually exploited, which no words could really describe. The written information to which the Workers' members referred mentioned the figures according to the most recent survey in Thailand, of 20,000 to 30,000 children in prostitution, which was already unacceptable, without reaching 800,000 mentioned in the report of the Committee of Experts as in estimates by NGOs. According to the Employers' members, the key factor in eliminating these kinds of child abuse consisted of improving the inspectorate and the effectiveness of the enforcement machinery. They considered that the information of the Government was not sufficiently clear concerning the resources allocated to inspection activities and to an improvement in enforcement. There was also the severe problem of lack of police enforcement and police corruption that must be remedied. They also referred to the information in the report of the direct contacts mission, to the effect that only five prosecutions took place, which was explained by the fact that the matters were often regulated by negotiations. The Employers' members wondered why there were not more prosecutions, because it was inconceivable that negotiated settlements could make the child whole. It was striking that the Government was being too lenient in settling these cases.They also noted the description provided in the Committee of Experts' report of certain procedures in the Ministry of the Interior whereby criminal prosecutions would take place. In view of the fact that government bureaucracies could be quite complicated, the Employers' members had the impression that a very limited means existed to remedy the rights of the child that had been harmed in the circumstances. They were encouraged by the Government representative's statement but also were concerned about this case especially because, even with the best intentions, the Government still appeared too cautious in its approach to the problem. The tangible actions were urgently needed so that the Committee could note in the near future the end of the exploitation of children in Thailand.

A Government member of the United States of America noted the extremely serious and long-standing situation in Thailand involving the forced labour and exploitation of children. Although she appreciated that progress had been made, and referred in particular to the positive effect of the 1993 ILO direct contacts mission to Thailand, she strongly emphasized that these efforts must not only continue but also be markedly increased. Existing laws must be enforced, and particular efforts must be made to reach those hidden children who had been kidnapped or tricked into illegal abuse and exploitation. These children deserved to have a childhood, a family, an education and a future. She urged that the Government of Thailand take all necessary measures, particularly with the assistance of the ILO and its International Programme for the Elimination of Child Labour, to address this very grave problem on an urgent basis.

The Workers' member of Japan said that Thailand, although not alone in its child prostitution problem, could be included among those countries with the greatest difficulties in this area. He quoted the observation of the Committee of Experts which referred to the large pockets of poverty and profound disparities between rich and poor in a context of a tremendous national growth rate, and the need for effective policies and measures to enhance social justice and equity so that poor families could be assisted and children protected. In his view, this social aspect had been ignored while Thailand strived for economic growth. The international community, particularly those countries with large financial investments in Thailand, should divert some of these funds to social development. There should be sanctions against travel agencies that organized tours to take advantage of child prostitution. In particular, he stressed that the full cooperation of the social partners was necessary. If trade unions in that country were given full rights, they could make an important contribution, as human rights violations tended to exist whenever trade union rights were not guaranteed. He concluded by urging that the ILO mobilize its available resources, as it had done through the 1993 direct contacts mission, and provide other assistance such as the translation of ILO documents on child labour into local languages.

The Workers' member of Greece stated that in reading the nine pages of the report of the Committee of Experts on child labour in Thailand, he felt a chill down his spine because of the extent of the problem, which was a true shame for humanity. This situation also existed in other countries. He asked the Government representative to indicate whether the Government wished to introduce mandatory schooling beyond the minimum 13 years old currently provided for in legislation; and whether in the face of the tens of thousands of cases of child exploitation there had been other prosecutions between 1993 and today in addition to the five which had been referred to, and to give examples of the sentences. He noted that they were making efforts to create community awareness, in particular through radio and television broadcasts; however he asked whether this optimistic note in the report of the Committee of Experts had had concrete results.

The Workers' member of Pakistan stated that children in any part of the world represented the future for prosperity and their proper upbringing would lead to a better quality of life. He noted that during the 1992 ILO Asia Regional Conference, the Government had said that it would promote education and eliminate child labour. He asked when the legislation contemplated by the Government would come into force and what measures would be taken to enforce it. In particular he considered that it was deplorable that criminal interests would use children, including those from neighbouring countries, for child prostitution. In view of the widening gap between rich and poor, and the role of education in reducing poverty, he asked whether the Government had the political will to tackle problems relating to education and enforcement of prohibitions of forced labour.

The Workers' member of Senegal stated that child labour in countries like Thailand was low cost labour which resulted in goods for export being produced cheaply. Such goods were produced in a manner which contravened international Conventions and denoted a lack of respect for human dignity: they thus constituted unfair competition for products made, for example, in Africa, in working conditions which respected international labour Conventions. It was hypocritical for financial institutions and investors from rich countries to denounce countries like Thailand when they, themselves, invested in poor countries only if the social legislation allowed for precarious employment, a reduced level of social protection and a reduced level of buying power.

The Workers' member of the Republic of Korea stated that child labour was a direct result of poverty, and that empirical evidence had shown that it could be eliminated through economic development, but that with the decline of communism and the increased emphasis of the role of the market place over the role of the State, there was a tendency to neglect social protection. In these circumstances the ILO had a particularly important role to play as the international organization of social conscience, and he urged the ILO to conduct a strong and consistent campaign against child labour. With regard to the reference in the observation to the 112 children that had been rescued through a rehabilitation programme, he asked what had been done for the many thousands of other children involved in child prostitution. He considered that preventive measures were the most appropriate to address this problem, such as providing information and making a strong commitment to the education of children. As a means of protecting children by giving them more extensive education, he recommended that the duration of compulsory education be increased from six to nine years.

The Workers' member of Venezuela indicated that the problem of child labour not only took place in Thailand but also was a global problem. The cause of this problem was the abandonment of children, orphanhood, serious poverty, inflation, unemployment and other factors. It was necessary to legislate correctly and to develop effective policy and in this respect the ILO had a fundamental role to accomplish. The speaker related his broad experience in Venezuela concerning the complex and difficult problems arising from child labour including damaged youth, increased criminality, and the direction which should be followed to find realistic and effective solutions.

The Workers' member of the United States of America was appalled and disgusted by the problem of child prostitution in Thailand, and said that the entire Committee was shocked by the heinous conduct of those taking advantage of these children. In his view improvements in legislation were not sufficient. He stressed that what was needed was improved methods for the prosecution of offenders, and asked the Government how it intended to prosecute them, and what concrete measures it intended to introduce in order to eliminate child prostitution.

The Government representative said that he had listened carefully to the statements of members of the Committee, and fully understood their feelings. He himself was appalled and disturbed by the situation, and said that the majority of his compatriots were also unhappy about the situation, in particular intellectuals, trade unionists and progressive employers, of whom some had been attempting for many years to stop child prostitution. While child labour has multiple causes, the Thai situation was aggravated by two main factors, namely: the operation of the market economy and the short existence of a democratic system. Under such conditions, social and labour policies received low priority. Things had been improving since 1992 since a democratic government had taken the helm and announced a strong commitment to abolish child labour. With the recent establishment of the Ministry of Labour and Social Welfare, resources for social problems were increased considerably. He considered that child labour should be combated not only by improving the legal framework, but also by raising the level of awareness of the community to the problems arising from child labour, and by gaining support from the community and from legislators. He appreciated the encouragement of some members and would convey their good wishes and suggestions to his Government.

The Workers' members did not doubt the personal integrity and sincerity of the Government representative. However, they asked him to convey to his Government the seriousness of the discussions on child labour and child prostitution held by the Committee, and stressed that they would not be satisfied until all child labour in Thailand was eliminated. They expressed the hope that next year there would be tangible signs of progress and that the Government would provide its report on this Convention so that there would be full information and a common approach to study, as well as the possibility for a full discussion. Finally, they emphasized that there should be cooperation among the social partners to provide help and advice and to constitute part of the process of community awareness.

The Employers' members added to the foregoing statements by the Workers' members by emphasizing the need for the Government to commit itself to making the elimination of child labour a first priority, as the problems described in the observation should be eliminated as soon as possible. They also pointed out that the Government representative had not really dealt with the issue of effective enforcement and compliance, as this was an essential part of the solution to the problem.

The Government member of SaudiÑArabia stated that as child labour was a global phenomenon the ILO should fight against it and allocate a significant amount of its budget and activities for this struggle.

The representative of the Secretary-General indicated that the Government of Thailand had not sent the report that was due concerning this Convention and that one would be requested in the upcoming weeks. The Committee of Experts would deal with the case in its February 1995 Session and the present Committee would examine it next year. On the other hand, in response to the Government representative of Saudi Arabia, he stated that a considerable part of the ILO budget was dedicated to the question of child labour and that in addition, thanks to the generosity of Germany, the Office was carrying out a very important technical assistance programme for all those governments that requested it, in order to promote the elimination of child labour.

The Committee took note of the observations of the Committee of Experts and the written information and oral explanations provided by the Government representative and the discussion which took place in the Committee. The Committee noted with interest that a direct contacts mission made it possible to collect useful information during its visit to Thailand from 4 to 11ÑSeptember 1993. However, the Committee regretted the fact that no report was provided by the Government, particularly since the situation had existed for many years. Despite the actions decided on at the political level in particular to give a follow up to the direct contacts mission, the Committee remained deeply concerned by the situation and by the fact that the legislative and practical measures already adopted by the Government that should protect children remained ineffective as far as their implementation was concerned, particularly with regard to sanctions imposed on those responsible for the abuse or measures concerning reintegration or rehabilitation. The Committee noted with interest the commitment expressed by the Government representative and urged the Government to take as a priority all necessary steps, if necessary with the support of the International Labour Office, to remedy or eliminate the serious situation with regard to child labour in their country and to provide the ILO with all necessary information to allow the supervisory machinery with effect from next year to note a real improvement in order to bring into full conformity with the law and practice in the country all the provisions in the Convention.

The representative of the Secretary-General indicated that the Government of Thailand had not sent the report that was due concerning this Convention and that one would be requested in the upcoming weeks. The Committee of Experts would deal with the case in its February 1995 Session and the present Committee would examine it next year. On the other hand, in response to the Government representative of Saudi Arabia, he stated that a considerable part of the ILO budget was dedicated to the question of child labour and that in addition, thanks to the generosity of Germany, the Office was carrying out a very important technical assistance programme for all those governments that requested it, in order to promote the elimination of child labour.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative indicated that concerning the problem of the lack of enforcement of laws for the protection of children, the Government had paid a lot of attention to the problem and set up an ad hoc police team in the Department of Police, Ministry of the Interior, which is responsible for inspecting and supervising workplaces suspected to hire children illegally, and for prosecuting employers violating the Labour Protection Law, the civil, commercial and criminal codes. During the exercise of the investigation and of the prosecution, the police team cooperated with the Department of Labour and the Department of Public Welfare in assisting children at workplaces and rehabilitating children before sending them home. For example, an employer of a papercup factory was prosecuted on the grounds of 15 unfair labour practices, and the children rescued from this factory were either sent home or provided with necessary information to find jobs or obtained training at the Skill Development Institute of the Department of Labour. As regards notification No. 12 of January 1990 of the Ministry of the Interior to strengthen the protection of working children from being victims of illegal treatment, the Department of Labour in cooperation with the police department prosecuted 14 employers during the past seven months. In addition, the Government took the following measures to eliminate exploitation and illegal use of child labour:

(i) A Bill to protect children by raising the sanction of imprisonment from six months to five years was still in the process of submission to the National Assembly, the delay being the result of the recent political situation in the country.

(ii) A proposal to revise the Act on employment service and jobseekers' protection (B.E.2528) with a view to raising the prison term from six months to up to six years for child abductors and illegal recruiters of employment agencies, was also in the process of submission to the new Cabinet.

(iii) As regards the request made on 5 November 1991 by the Ministry of the Interior to the Bangkok Metropolitan Administration and the Ministry of Public Health to order hospitals to gather names of patients who have suffered injuries caused by improper working conditions or physical abuse, and to report to the Department of Labour, no report had so far been received. The request, however, would be followed up regularly.

(iv) The hotline established by the Department of Labour to receive communications on possible abuse of children at worksites had been frequently used and almost 200 cases were reported during the last six months through this line.

(v) Following the decentralisation of the Department of Labour's administrative structure in the Bangkok area since mid-February 1992 which split the area into 36 sub-local areas, the inspection work had become more efficient, as shown in the statistics: 802 inspections in fiscal 1991, opposed to 1,283 in seven months so far of 1992; 725 inspections in March-April showing a 50 per cent increase in the same period of the previous year. The report of the city officials and local labour administrators, however, had not so far reached the Ministry.

(vi) Not only the Ministry of the Interior but also the public prosecutor and the Ministry of Justice were taking further steps to intensify the control over child abuse. The penalties for torturing children had been raised from three years' imprisonment to 20 years as was the case of the papercup maker, or up to the death sentence or lifelong imprisonment in a case of the loss of the victim's life.

(vii) The Department of Labour provided an information service for young jobseekers in rural areas who wanted to work in Bangkok or in urban areas. They were advised to consult provincial labour offices set up throughout the country. Moreover, the Ministry of the Interior established the prevention and protection centre for child labourers within the Department of Labour, which receives and provides information 24 hours a day and coordinates all kinds of media to disseminate information to the public.

(viii) The Department of Labour set up a programme to combat child labour with the assistance of the ILO and the International Programme of the Elimination of Child Labour (IPEC), which was expected to start next month.

(ix) The Government's policy to extend the elementary education from grade 6 to grade 9 was now being conducted on a voluntary basis, due to financial constraint, but the Government aimed to introduce compulsory education up to age 15 (grade 9) free of charge in the future.

(x) The Prime Minister repeated his statement made during the ILO Regional Conference that "the place for a child was in school and not in a factory" later in a Cabinet meeting, calling for efforts by all the government agencies to this end. A draft apprenticeship Bill submitted to the former Cabinet was at present under revision, but was expected to be taken up by the new Cabinet once formed.

(xi) As regards the decentralisation of the authority of the Department of Labour in the Bangkok area, which is the largest labour market in the country, the state employment service agencies were expanding services accordingly, and private employment agencies were also inspected and supervised.

(xii) When complaints are received in the Department of Labour, in particular through the hotline, the officer of the Department would go to the place immediately with the police of the area or officers of the ad hoc police team, and employers broaching the laws would be prosecuted immediately, the children thus rescued would be sent for rehabilitation both in health and mental conditions before being sent back home or receiving vocational guidance and training as they wish.

(xiii) The Government provided the same protection as nationals to foreign children who illegally reside in Thailand and is making efforts to prevent illegal immigration by punishing employment agencies and any persons involved in this respect.

In conclusion, the speaker indicated that her Government had taken all the necessary measures and that the situation was getting better.

The Workers' members recalled that this extremely distressing case regarding forced labour exploitation of children, including prostitution and pornography, had been pending for many years including a long discussion and a special paragraph last year. They acknowledged the effort by the Government to supply information requested by the Committee of Experts and an increasing awareness since last year by the Prime Minister who stated that it was not sufficient to wait for economic restructuring to redress this exploitation of child labour. They expressed surprise, in view of the seriousness of the case, that the Minister himself would not come to this Committee and address the situation. While the report of the Committee of Experts observed that the measures taken were not commensurate with the gravity of the problem, the Workers' members noted the measures indicated by the Government representative is a large step forward since last year on this important issue. They addressed two questions: first, whether the Government had put into practice the particular statement of policy made at the Asian Regional Conference; second, whether the Government would accept a direct contacts mission by the ILO to assist them in this extremely grave problem.

The Employers' members recalled that the case, which had been examined since 1985, was the subject of a special paragraph in 1991 and concerned all the forms of abuse of children: exploitation by work, prostitution, pornography and sale. The Committee of Experts referred to this statement by the Prime Minister who expressed the intention to redress the exploitation of children and to the measures which the Government had the intention to take, under strong pressure from outside, including the Committee. The measures indicated were so far only the statements of intention and did not seem sufficient to redress this serious problem. The Employers' members considered that the Government representative did not supply, except for some points, any new information, while the questions by the Committee of Experts concerned the measures of practical application in very specific areas such as inspection, police action, collusion between the exploiters and the police under certain circumstances. The Employers' members expressed their grave preoccupation at the seriousness of the case, considering that the measures taken were far too hesitant: they requested further efforts and hoped that the Government would furnish detailed information in a written report.

A Workers' member of Switzerland, noting that the Government seemed to be conscious that measures should be taken to put an end to child labour without waiting for economic restructuring, stated that it was essential that the Conventions be respected independent from the efforts for the development and from economic crisis, and that the ILO should ensure that international economic competition should not be made by damping working conditions and by exploitation of the most vulnerable. To force children to work, to force them to prostitution and to pornography are particularly serious forms of forced labour. Prostitution was all the more atrocious today because it often meant a death sentence to the child by contamination of sexually transmissible diseases, in particular of AIDS. The criminal groups who made sale of children, often across the border, behaved with brutality and even corrupted the police. The speaker considered that the programme of repression mentioned was not sufficient and requested the Government to indicate the measures contemplated to stop tourism depending on the sacrifice of children. Noting that the countries where those tourists come from had their responsibility in the fight against the exploitation of children, she considered that Thailand should encourage other countries to participate in the efforts to eliminate the basis itself of sexual exploitation.

A Government member of Germany, recalling the discussion in the Committee in 1991 followed by a special paragraph and noting with interest the measures indicated by the report of the Committee of Experts, considered that the responses were not sufficient in comparison with what was expected and that further information was necessary. Meanwhile, the Government recognised the problem and indicated that measures should be taken and the IPEC programme would help the adoption of concrete measures to redress this scourge.

A Workers' member of Pakistan supported the statement by the Workers' spokesman and, noting the efforts made by successive governments, urged that concrete measures be taken to eliminate the evil of exploitation of child labour, not only by enforcing civil and penal sanctions but also by providing more social and economic input, such as education, to help the exploited children and their families. He hoped that the technical programme launched by the ILO would help the Government and that the Government should have a more particular will to eliminate this evil.

A Workers' member of Greece stated that there was nothing worse than "economic" activity which developed by practically murdering children. The Government was ready to take measures, and the report of the Committee of Experts mentioned projects, proposals, a case of arrest, and imprisonment of three to seven years. This was not the way to eliminate the forced labour of children. The speaker wished to see the results of the measures taken by the Government. He stated that as long as children of ten years or less were exploited and imprisoned in brothels and in factories, the Committee should clearly and severely express its opinion, and the case would merit a special paragraph to condemn this situation disgraceful to humanity.

A Workers' member of Senegal stated that the competitiveness of products made in a country like Thailand, in violation of the labour legislation, would have negative repercussions on the workers of other developing countries.

The representative of the Secretary-General indicated, concerning the action by the ILO for the protection of children, that in November 1992 there would be a workshop, organised by the ILO in the framework of the Interdepartmental Programme on the Elimination of Child Labour. This workshop would examine the situation of servitude in which many children find themselves, and would above all explore possible practical solutions for the countries concerned. This workshop would be organised in cooperation with the Centre for Human Rights of the United Nations and with UNICEF. It would involve a number of Asian countries, including Thailand.

The Government representative welcomed all the observations made. She indicated that all measures she had mentioned would take time to reach the objectives, and requested the cooperation of other countries in the efforts to suppress the demand for sex tours referred to during the debate. As regards the direct contacts mission, which she would personally welcome, she wished to consult her Government and to report subsequently to the ILO.

The Workers' members expressed a feeling of revulsion on this case which they considered not only as "one of the worst" but as "the worst form of exploitation". They welcomed the statement made by the representative of the Secretary-General that the ILO was well aware of this problem and was going to make efforts to tackle it. They hoped that the Government representative would convey to her Government the magnitude and the gravity of the problem which requires exceptional efforts focused not on legislation alone but also on practical measures undertaken and urged again for a favourable response by the Government as regards the ILO direct contacts.

The Employers' members considered that there was large agreement to express serious preoccupations as regards the situation in Thailand. They urged that measures taken should be reinforced and extended and that the Government fight by all means against this very grave situation and that it reply in detail to the questions by the Committee of Experts.

The Committee noted the information supplied by the Government representative which it seemed reiterated mostly the points mentioned in the Government's reports to the ILO dating from four months ago, which the Committee of Experts pointed out in its latest report. It recalled that it had been discussing this case already for several years, i.e. the different forms of misuse of children. Although it welcomed the present attitude of the Government, it felt bound to underline the Committee of Experts' views that much more is to be done in order to end the appalling situation mentioned. It therefore requested the Government to take all the necessary steps, either in the legislative field or as far as the implementation and enforcement of laws are concerned, with a view to putting an end to the situation in the country which extremely distressed the Committee. It suggested strongly that the Government ask the ILO for technical assistance or sending a direct contacts mission and hoped that the Government will supply a report about the different points raised by the Committee of Experts at its earliest convenience in order that the Committee can mak a full assessment of the situation at its next session.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

A Government representative first corrected information previously provided by the Government concerning the new Primary Education Act which actually extended the school age from sixth grade to ninth grade (i.e. from 12 to 15 years of age), not from six to nine years of age. This Act would come into force in October, 1991. As regards the statistics concerning the percentage of children working in nightclubs and brothels, she noted that the percentage has been calculated on the basis of persons coming to government institutions for assistance. The increase in percentage, therefore, was only the result of increased government efforts to provide social assistance. The Government representative indicated the following efforts which had been made by the Government to eradicate child labour: (1) the revised Labour Protection Law of 1990 raised the minimum age for employment from 12 to 15 years and improved the protection of child labour in respect of working hours, rest periods, overtime pay, etc.; (2) the National Statistical Bureau accordingly reflected the increase in minimum wage in their statistics; (3) an educational fund for children of poor families had been established; (4) short-term vocational training and financial assistance had been provided for youth in order to promote occupational skills; (5) the Department of Labour had stressed the punishment of employers who have violated the regulations; (6) information had been exchanged and disseminated to the public through the media and in cooperation with non-governmental organisations in order to prevent child labour exploitation; (7) the Department of Labour had coordinated reports provided by 150 trade unions concerning child labour; (8) more labour inspectors and greater inspection facilities, including more inspection at night and on holidays, as well as improved inspection in local areas in coordination with local authorities, were envisaged to improve the efficiency of the labour inspectorate; (9) the Government was planning to give rewards to informers of child labour practices; (10) research projects on child labour had been promoted; (11) a project on child labour protection had been established in cooperation with the Provincial Labour Office; (12) the National Youth Bureau had set up minimum living standards to meet the basic needs of children; (13) the Department of Labour had provided courses for children concerning primary health care, human relations, work ethics and labour market trends. Furthermore, the Government representative indicated that the Brothel Elimination Act would come into force in October 1991. Finally, she indicated that, in 1990, there were 12,709 cases of inspections concerning women and 545 cases concerning children. Six cases were brought to court in 1990.

The Workers' members noted that this was a very painful case and that the Government representative had supplied little information. He recalled the terrifying facts noted by the Committee of Experts and the UN Subcommission on Prevention of Discrimination and Protection of Minorities; that children were bought and sold for work in private houses, restaurants, factories and brothels, that shops had specialised in the sale of children and that child catchers and recruiters were operating in the country. Although laws for the protection of children existed, there was a lack of enforcement by the police. Furthermore, according to the Experts, the inspections carried out and the action taken against employers for child abuse were somewhat limited in scope, in other words, basically non-existent. They noted that the real issue was that the pecuniary sanctions applied were not commensurate to the physical and moral harm incurred by the children in comparison with the benefits which an employer could expect to gain by using illegal child labour. They referred to the information provided by the Government in this Committee in 1990 concerning two cases of employers who were sanctioned; one with three months imprisonment and the other with a fine. There had been 11 prosecutions of employers for exploitation or illegal use of child labour in 1988, two cases in 1989 and four between October 1989 and May 1990. Now, the Government representative had indicated that only six cases were prosecuted in 1990. This was the problem: there were no prosecutions and no effective enforcement. No amount of public information would change the situation. It was by means of law enforcement that child labour could be eradicated. They suspected that the percentage of children working in nightclubs and brothels was not really reflected by the low number of cases prosecuted. The only way this problem could be dealt with effectively was by hounding the people exploiting, buying and selling children. As concerned the entry into force of the Brothel Elimination Act, they noted that the Government had already been talking about this Act last year and yet it still was not in force. They were sympathetic to the concerns raised by poverty in Thailand and noted the Government's move towards a free market economy, but added that a proper free market did not allow the exploitation of children, the selling and buying of children, nor the use of children in brothels. They stated that many members of the Committee would probably be worried about buying products from Thailand which might have been produced with the sweat and blood of exploited children. The country could not enter into normal operations of the free market until this abuse was eliminated. They urged that the Government really do something about this horrible situation, not just provide information about a mere six cases of prosecutions. They concluded by suggesting that this case be dealt with in the most serious way that the present Committee could deal with a case.

The Employers' members noted that this case had been discussed in this Committee since 1986 and the situation had hardly changed in the last year. Unfortunately, the Government had not provided a report on this case and there was, therefore, little new information upon which to base a discussion. Furthermore, the Government representative seemed to provide less information this year about plans, laws and measures envisaged to deal with the situation. Children's brothels could not be eradicated by means of legislation, but by the implementation and enforcement of the legislation. In 1990, the Employers' members had requested that more effective measures be taken to resolve this serious problem and yet the situation seemed to be worse. In the light of this very bad situation, deep concern must be expressed and they recommended that the importance of this case be highlighted so that the problem could, at the very least, be mitigated. They associated themselves with the request of the Workers' members and requested that this case be dealt with in a special paragraph.

A Workers' member of Malaysia noted that child exploitation and abuse was a danger not only to the nation concerned, but also to other countries in the region. Children are "lost" and then forcefully brought to Thailand to be abused and exploited in these horrendous situations. He feared that, if the Convention was not properly enforced, Thailand would become a safe haven for such exploitation. The Government must, therefore, take very serious steps to eradicate this situation, both for its own sake and for the sake of other countries in the region.

The Government representative of Thailand added that the detailed information and statistics would be provided by her Government in due course.

The Committee took note of the report of the Committee of Experts and the information provided by the Government representative. It noted the additional measures taken by the Government to ensure the protection of children. It expressed, however, its deep concern for the lack of effectiveness of the practical implementation of these measures, in particular to the application of sanctions against those who were responsible for these cases of abuse. The Committee therefore urged the Government to take all necessary measures to remedy the serious situation of child labour in the country - that is to eliminate child labour - and to provide the International Labour Organisation with all the information required so that the supervisory bodies may note, in the near future, a clear improvement in the situation, bringing the country into complete conformity in law and practice with all the requirements of the Convention. The Committee decided to put its conclusions in a special paragraph of its report.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

The Government has communicated the following information:

Article 25 of the Convention: The illegal exaction of forced or compulsory labour is punishable as a penal offence. The following two cases are examples showing that penalties imposed by law have been strictly enforced in practice.

The first case concerns a manufacturer of traditional pharmaceutics; the employer was punished with three months' imprisonment for illegal employment of child labour. The employer employed three girls (aged 13, 14 and 17 years) to cut, chip and grind herbal compound medicines. The girls were employed without making any declaration of normal hours of work, arrangements for rest periods, or weekly and traditional holidays. The employment was also entered into without the permission of the Department of Labour to recruit children under 12 to 15 years of age. The criminal court convicted the employer for violation of sections 2, 3, 6, 7, 9, 11, 21, 23, 24, 34, 39 and 42 of the Ministry of the Interior Announcement on labour protection, and sections 3 and 6 of the Ministry of the Interior Announcement on minimum wages. The employer was sent to prison for three months.

The second case concerns an employer, a goldsmith, who employed two children. The children worked every day from 8 a.m. to 2 a.m. of the next morning without receiving overtime payment and without receiving either weekly or traditional holidays. The Central Labour Court convicted the employer of violating the Interior Ministry Announcements on labour protection, concerning minimum wage rates, overtime payment and weekly holidays payment. The employer has been sentenced to pay fines to the two plaintiff children, together with interest of 15 per cent annually since 22 January 1987.

These two cases show that this Convention has been really implemented.

Measures taken to protect children from illegal abuse:

Interior Ministry Announcement No. 12 provides:

(a) an employer shall not employ a child under 13 years of age and that a child aged 13 but less than 15 years is permitted to be employed only in jobs prescribed by the Interior Ministry;

(b) labour inspectors can cancel the licence of employment agencies if they ignore warnings on child employment made by labour inspectors or recruit children to work in harmful jobs or in unhealthy areas;

(c) in case of parents receiving money from an employer or employment agency before their children have been recruited, such money will be assumed not to be wages paid in advance.

A specific working group has been established between the Labour Protection Division and the Woman and Child Labour Division of the Department of Labour to monitor the child labour situation, especially during the period after harvest. Child labourers who are migrating from any part of the country to urban areas will be inspected by this working group as regards their workplace, their living conditions, their employment, their wages, etc., and if there is any irregularity, the matter will be entrusted to labour inspectors working in such areas for further action.

The new Primary Education Act which extends primary education from six years to nine years of age has been approved by the Cabinet. It will enter into force in 1991. The extention of primary education will be carried out in accordance with the Interior Ministry Announcement, which has raised the age of child employment from 12 to 13 years of age.

No case of child labour under 18 years working in the night-spots and brothels has been reported.

In addition, a Government representative, referring to Article 25 of the Convention, stated that the illegal exaction of forced or compulsory labour was punishable, in her country, as a penal offence. Her Government had provided written information on two cases which showed that the penalties imposed by law had been strictly enforced in practice. Rates of pecuniary sanctions were determined by a committee composed of the Directors-General of the Departments of Labour, of Public Prosecutions and of the Police. These rates were adjusted according to the seriousness of the offence; in extreme cases imprisonment was imposed. According to the statistics on labour inspection of the Woman and Child Labour Division, there had been 11 prosecutions of employers for exploitation or illegal use of child labour in 1988, two in 1989 and four between October 1989 and May 1990. All of these cases had been prosecuted by officers of the Legal Division of the Department of Labour. To date, fines of $US 4,200 had been imposed on 13 employers, and four cases were still pending. One of the cases (referred to in the Government's written communication) concerning the illegal employment of children had been the subject of a judgement handed down by the criminal courts. In addition, she referred to a series of measures that had been taken to prevent the sale and purchase of children: a campaign to arouse public awareness of the relevant provisions of the labour laws and to educate employers about the legislative provisions pertaining to child labour; the promulgation of Announcement No. 12 of the Ministry of the Interior to protect children from being sold and purchased; the creation of a joint working group of officials from two divisions of the Department of Labour to monitor the child labour situation especially during the period after the harvest (if this working group found problems, it brought them to the attention of labour inspectors); the extension in the new Primary Education Act of primary education from six to nine years of age which had been approved by Cabinet and would come into force in 1991. That new Act was in conformity with Announcement No. 12 of the Ministry of the Interior, which increased the statutory minimum age for employment from 12 to 13 years of age. Recent statistics of the Department of Public Welfare showed that the average percentage of children under 15 years of age working in nightclubs and brothels had increased from 3.50 per cent in 1977 to 5.85 per cent in 1989. When these children were found by the police, they were sent to homes where they received medical care, education, training, etc. All those measures were supplemented by preventive and protective measures. In that context, a national campaign to arouse public awareness had been launched, centres for vocational training for women had been established in all parts of the country (such centres could prevent child migration to metropolitan areas); and the Brothel Elimination Act was being revised so as to impose higher penalties on offenders and so as to extend its scope.

The Employers' members stressed that the Committee of Experts had referred to a United Nations document containing very serious allegations regarding the sale and purchase of children to work in private houses, restaurants and factories. Forced child labour was even worse than adult slavery because children were more greatly affected. The Government representative had not tried to hide the facts and she had listed a series of measures, legal provisions and institutions which all aimed to protect children. The need to strengthen such measures should be stressed until the objectives were achieved. The Committee of Experts had cited a report of the national authorities which stated that "most employers did not have the required permit to employ children". In practice, that implied that child labour was authorised - a surprising revelation. It would thus be necessary to clearly prohibit child labour. The Government was full of good intentions and was endeavouring to solve the problems, but it should intensify its efforts. The Government should be requested to send in a detailed report on the measures taken and the progress achieved.

The Workers' supported the statements made by the Employers' members. The Committee of Experts observation revealed horrible facts, such as the purchase and sale of children by unscrupulous procurers and the exploitation of those children (excessive hours of work, physical aggression, illegal employment in brothels), which showed that the children were treated like animals. The written information provided by the Government to the present Committee did not deal sufficiently with the problem, and the other measures described were not going to solve the problem. The good intentions expressed by the Government representative were not enough and the inadequacy of the legislature and practical measures adopted to date to resolve the problems should be stressed. The Workers' members appealed to the Government to take energetic measures and to be vigilant in monitoring their application in practice. They welcomed the establishment of the Child Labour Protection Committee.

A Workers' member of Pakistan supported the appeal made to the Government by the Workers' members to make a serious attack on the problem of child exploitation and he hoped that the measures mentioned by the Government representative would be fully implemented in order to prevent forced child labour.

The Committee noted with interest the written and oral information supplied by the Government representative. It had no doubts about the good intentions of the Government to take the necessary measures, but it expressed some doubts whether the measures taken were sufficient to curtail the serious situation of child labour in the country. It therefore urged the Government to do everything in its power and to inform the competent bodies of the ILO accordingly. The Committee hoped to be in a position to observe that the national legislation and practice were in complete conformity with the Convention when it would deal with the case again in the future.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

As previously reported, the Government has given special attention to the problem of child labour and has undertaken various measures to eliminate any possible exploitation or illegal use of child labour.

In view of the number of establishments to be covered, and for effective inspection of child labour, the Department of Labour set up a joint inspection system in 1984 where maximum utilisation of personnel in child labour inspection was ensured.

The Government recognises that the problem of child labour can be effectively resolved only through the joint effort of, and cooperation between, the public and private agencies and organisations concerned. Therefore, with the approval of the Council of Ministers, the Ministry of the Interior by a ministerial order set up a committee for the protection and suppression of child abuse on 21 January 1983.

To ensure flexible and effective operation and to suit the new developments and situation, the said committee was changed into the committee for the protection of child labour on 20 February 1987, through Ministry of Interior Order No. 84/2530.

The committee for the protection of child labour is entrusted with the following responsibilities: (a) to protect and eliminate the abuse of child labour; (b) to recommend ways and means to resolve problems of child labour within and outside establishments; (c) to undertake study and research on the problem of the use of child labour within and outside the industrial sector; (d) to recommend guide-lines for the Protection of and assistance to working children; (e) to promote and support the public and private agencies and organisations in the field of child labour; (f) to organise meetings, seminars and training on child labour at the national level; (g) to co-ordinate with other public and private agencies concerned with child labour; and (h) to set up any subcommittees as necessary for its work.

The committee consists of 20 members with representatives from the Departments of Police, Social Welfare, Local Administration and Public Relations and private organisations such as the Children Foundation and the Foundation for the Development of Children. The Under-Secretary of the Interior is the chairman, the Director-General of the Department of Labour is Vice-Chairman, and the Director of Women and Child Labour of the Department of Labour is secretary of the committee.

Since the last report, the Department of Labour has undertaken the following inspections:

1985 1986

(a) regular inspections 914 558

(b) follow-up inspections 147 562

(c) inspections based on complaints 55 87

The numbers of children in establishments covered by inspection were 233 in 1985 and 118 in 1986.

Enforcement action undertaken by the authorities:

1985 1986

(a) warning orders issued 66 82

(b) orders for compliance 36 68

(c) cases resulting in prosecution 2 2

It will be noted that there was a decline in the use of child labour, with 47 permits issued by the Department of Labour in 1985 and 36 permits in 1986.

Promotional activities undertaken by the Department of Labour are as follows:

1985 1986

(a) lectures and advice 895 689

(b) publications (in vol.) 3 316 2 515

(c) meetings held 11 2

The problem of child labour abuse had previously been over-exaggerated in the foreign media. Nevertheless, it did help to draw the attention of the authorities concerned to this matter. For example, in February 1984, a British television channel televised a programme depicting exploitation of child labour in Thailand. Prompt action was undertaken by the Thai authorities concerned. The Department of Labour arranged for its inspection officers to undertake an immediate inspection of the ten textile factories named in the television programme. The inspection officers were accompanied, during the inspection, by officers from the Department of Commercial Relations, and also by a United Kingdom based representative of a large United Kingdom import firm as well as a representative of a large local export firm.

The inspections undertaken did not disclose any person under 12 years of age being employed in any of the said factories. Neither was any breach of the labour protection laws discovered. All women employees were over 15 years of age. Later, when the officers reviewed the television programme film, the person who was purported to be an employee in the film, speaking fluently in English and making various allegations of child labour exploitation, was identified as not being an employee of the company or factory so named. It has also come to light that the person who was instrumental in producing the film for the said television programme was a former employee of the said company, who had been previously dismissed from employment by the company.

The Government, with the co-operation of both public and private agencies and organisations, endeavours through various promotional and enforcement measures to ensure that the standards pertaining to child labour are observed. Complaints and reports of any infringement or abuse of the said legal provisions are immediately investigated and remedial measures are promptly taken.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. In its previous comments, the Committee noted the amendments made to the Anti-Trafficking Act No. 2 B.E. 2558 of 2015 with regard to the increase in the penalties for the offences related to trafficking in persons. The Committee requested the Government to provide information on the number of cases of trafficking for both sexual and labour exploitation detected and investigated by the competent authorities as well as the penalties applied.

The Committee notes the statistical information provided by the Government in its report on the prosecutions carried out for the offences related to trafficking of persons. According to this data, in 2017, 302 cases were prosecuted, of which 255 cases concerned trafficking for commercial sexual exploitation, 26 for begging, 14 for labour exploitation and seven for labour exploitation in the fishery industry. In 2018, 304 cases were prosecuted, including 258 cases for commercial sexual exploitation, 29 cases for labour exploitation, eight cases for begging and six cases for labour exploitation in the fishery sector. Moreover, in 2018, the Anti Human Trafficking Division of the Office of the Attorney General received 357 cases with prosecution orders, including 286 cases of sexual exploitation, 57 cases of forced labour or services and 14 cases of begging. In 2019, prison sentences ranging from one year to over ten years were handed down to 236 offenders. The Government indicates that the offenders sentenced to imprisonment for ten years and above increased by 17.79 per cent in comparison to 2017. The Committee encourages the Government to continue to take the necessary measures to ensure that the Anti-Trafficking Act, as amended, is effectively implemented and to continue to provide information on the number of cases of trafficking for both sexual and labour exploitation that have been detected and investigated by the competent authorities as well as the penalties applied.

2. Protection and reintegration of victims of trafficking in persons. In its earlier comments, the Committee noted the various measures taken by the Government on providing assistance to victims of trafficking and on the number of victims who benefited from such measures. The Committee requested the Government to continue to provide statistical data in this regard.

The Committee notes the Government’s information on the protection and assistance activities undertaken by the Ministry of Social Development and Human Security (MSDHS) for the victims of Trafficking. Accordingly, in 2018, 401 victims received protection in government shelters, an increase from 360 victims in 2017. Some of these victims were provided opportunities to earn income from employment inside shelters (290 victims) and from employment outside shelters (65 victims). Moreover, “Relationships building Camps” were conducted for victims of trafficking in government shelters to increase their community living skills. The MSDHS prepared victim statement impact reports for the court to determine the amount of compensation from offenders, and preventing victims from repeating the traumatic and psychological injuries suffered by them during the legal procedure. Moreover, subsidies were provided to victims of trafficking from the Anti-Trafficking Fund. According to the Government’s information in 2018, 6.15 million Thai baht (THB) was disbursed towards subsidies and remedies for victims of trafficking and in 2019, 116 injured persons received a total of THB77.56 million as damage compensation from offenders.

The Government further indicates that over 711 government officials and non-government officials received Victims Specialist Training to improve their knowledge and technical skills on victim protection and assistance. Interpreters were provided training and certification on protection and welfare of victims of trafficking by MSDHS. Currently, 251 interpreters are registered as qualified interpreters for victims of trafficking. In addition, a handbook on Trafficking in Persons’ Victims’ Rights which was translated into seven languages and a handbook for the repatriation and systematic reintegration into society of victims of trafficking was developed by the MSDHS. The Committee encourages the Government to pursue its efforts to ensure appropriate protection, assistance and reintegration measures to all victims of trafficking. The Committee requests the Government to continue to provide statistical data on the number of victims identified, as well as those who have benefited from assistance.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the International Transport Worker’s Federation (ITF) received on 4 September 2019.

Articles 1(1), 2(1) and 25 of the Convention. I. Vulnerability of migrant workers in the fishing sector to the exaction of forced labour and trafficking. In its previous comments, the Committee noted that, at its 329th Session (March 2017), the Governing Body approved the report of the tripartite committee that was set up to examine the representation made by the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF) alleging non-observance of the Convention by Thailand.

The Committee noted that the representation raised two major sets of allegations with regard to compliance with the Convention, namely (i) the situation of workers on board Thai fishing vessels, particularly migrant workers, who were allegedly exposed to forced labour and trafficking; and (ii) the responsibility of the State to ensure that the prohibition of forced labour was strictly enforced by effective and adequate penal sanctions. The Committee also noted that the tripartite committee examined allegations raised by the ITUC and the Government’s explanations on the measures taken to combat forced labour and trafficking in the fishing sector, particularly with regard to: (a) recruitment practices; and (b) employment practices.

(a) Recruitment practices

The Committee noted that the tripartite committee examined several issues related to: (i) brokers and recruitment fees; (ii) the issue of contract substitution; and (iii) the issue of corruption and trafficking in persons.

(i) Brokers and recruitment fees. In its previous comments, the Committee noted the provisions under the Royal Ordinance on the Management of Foreign Workers Employment B.E. 2560 (23 July 2017) (Royal Ordinance B.E. 2560) which provided for harsher penalties for offenders and stated clearer responsibilities of employers and licensed recruitment agencies. The Committee also noted the observations made by the ITUC in January 2016 that some migrant and Thai workers in certain fishing vessels had paid recruitment fees of up to US$742 to brokers. In addition, they had reported not receiving any information regarding working conditions, payment of wages or the length of time at sea prior to getting on board the vessels. The payment system consisted of salary advances sent home in undocumented transfers via brokers and lump sums promised to workers after completing their work at sea. In this regard, the Committee noted the Government’s indication that it had prohibited the imposition of recruitment fees on migrant workers, except for certain costs such as the cost of preparing documents and transportation expenses. The Committee requested the Government to continue to strengthen its efforts to ensure that migrant workers in the fishing sector are not exposed to practices that would increase their vulnerability to forced labour, in particular in matters related to the payment of recruitment fees and the recruitment by illegal brokers.

The Committee notes from the observations made by the ITF that the interviews with the fisher members of the ITF’s Fishers Rights Network (FRN) over the past 12 months in Ranong, Songkhla and Trat provinces revealed that 89 per cent of fishers are in debt bondage of more than 10,000 Thai baht (THB). The average debt bondage across the entire FRN network is THB21,000 which represents at least two months’ salary for most fishers.

The Committee notes the Government’s indication in its report that the Foreigners’ Working Management Emergency Decree (No. 2) B.E. 2561 (2018) (FWME Decree), which repealed certain provisions of the Royal Ordinance B.E. 2560, stipulates that an employer who brings a foreigner to work with him/her in the country shall not request or accept money or other assets from such workers, except for the expenses paid by the employer beforehand for passport fees, health check-up fees, work permits or other similar expenses as prescribed in a notification by the Director-General of the Department of Employment (section 24). Any employer who violates this provision shall be liable to imprisonment for a term not exceeding six months and a fine of twice the amount or asset value requested, received or accepted by the employer in this regard (section 53). The Committee further notes the Government’s information on the steps taken to integrate various government agencies such as the Department of Employment, the Royal Thai Police, Security agencies and administrative officials in respective areas for effectively enforcing this law. Moreover, the Ministry of Labour has integrated cooperation with the navy, the army, the Department of Immigration and other local security agencies to intercept smuggling of migrant workers into the country as well as to conduct operations against recruitment companies and illegal brokers. Accordingly, the Committee notes that in 2018: (i) the Department of Employment inspected 364 migrant workers recruitment agencies and brokers, identified and prosecuted 452 illegal brokers; (ii) the Royal Thai Navy conducted 10,563 patrols along the Thai territorial water border zones, identified 351 irregular migrants and arrested nine illegal brokers; (iii) the Royal Thai Army conducted 99,982 patrols along the territorial border and identified 24,664 irregular migrants; and (iv) the Department of Immigration intercepted and denied entry to 6,800 illegal migrants. The overall operations resulted in the deportation of 28,178 smuggled migrant workers. Noting the alarmingly high level of debt bondage among fisher members in the FRN network, the Committee urges the Government to continue to strengthen its efforts to ensure that migrant workers in the fishing sector are not exposed to practices that would increase their vulnerability to forced labour or debt bondage, in particular in matters related to the payment of recruitment fees and the recruitment by illegal brokers; and to report in detail on results in this respect. It also requests the Government to continue to provide information on the application in practice of section 53 of FWME Decree of 2018, indicating the number and nature of violations detected and the penalties imposed for cases of violations.

(ii) Contract substitution. The Committee previously noted that the tripartite committee observed the persistence of the practice of contract substitution of migrant workers. It noted that according to sections 14/1 and 17 of the Labour Protection Act of 1998 and section 6 of the Ministerial Regulation Concerning Labour Protection in Sea Fishery Work of 2014, a formal contract should be signed between the employer and the worker and a copy should be kept with the worker. Moreover, under the Fishery Law of 2017 an identification document (known as a Seabook) has to be issued by the owner of a fishing vessel to any migrant worker in the fisheries sector while signing a standard contract of the Department of Labour Protection and Welfare (DLPW) with that worker. The employment of a worker on a fishing vessel without an identification document, or without a licence shall be subject to a fine of THB400,000 (US$12,000). The Committee requested the Government to continue to strengthen its efforts to ensure that, in practice, labour contract substitution is effectively prohibited and that the competent authorities register and verify that the signed contract corresponded to the original offer of employment consented to by the worker.

The Committee notes from the observations made by the ITF that 78 per cent of the fishers interviewed by the FRN indicated that they do not have a copy of their employment contract in their possession while some others have never seen it. Some of them have it in Thai language, which is not their language and therefore are unable to understand their pay scale and other mandatory protections available for them.

The Committee notes that according to section 23 of the FWME Decree of 2018, an employer employing a foreigner shall prepare a written contract containing all the details as prescribed by the Director-General and keep it at the business place of the employer for inspection by the competent officials. The Committee further notes the information provided by the Government on the number of Seabook documents that have been issued for migrants under the Fisheries Act, 2017. Accordingly, from October 2017 to June 2019, 14,722 Seabooks were issued and between 30 September to 15 November 2017, 13,455 migrants who did not have a work permit were provided with special Seabooks. The Committee requests the Government to continue to strengthen its efforts to ensure that section 23 of the FWME Decree is implemented and that labour contract substitution is effectively prohibited, in practice. In this regard, it encourages the Government to ensure that the competent authorities register and verify that the signed contract corresponds to the original offer of employment consented to by the worker. It also requests the Government to take the necessary measures to ensure that the migrant workers are provided with a copy of their employment contract in their own language.

(iii) Corrupt and complicit officials. The Committee previously noted that the tripartite committee considered that corruption of government officials could create an environment of impunity that exacerbates the situation of vulnerability of migrant fishers and constitutes a major obstacle in the identification of victims of forced labour and trafficked victims. It also noted the observations of the ITUC in 2016, that often, police officers or high-ranking government officials threaten witnesses, interpreters or other police officers. The Committee requested the Government to continue to take proactive measures to ensure that government officials complicit with human traffickers are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice for violation of the legislation.

The Committee notes the Government’s statement that the number of government officials involved or colluding with the offences related to trafficking in persons have decreased due to the intensive legal measures that have been taken against such officials. According to the Government’s report, from 2013 to 2016, an average of 44 officials per year were prosecuted and disciplinary actions, including asset seizure/asset freezes, were carried out for their involvement in criminal cases. In 2017, the number had been reduced to 11 officials and in 2018, two officials were prosecuted. The Committee requests the Government to continue to take proactive measures to ensure that government officials complicit with human traffickers are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice for violation of the legislation. It requests the Government to continue to provide information on the measures taken in this regard, including data on the number of government officials who have been prosecuted and convicted for their involvement in the offences related to trafficking of persons.

(b) Employment practices

(i) Confiscation of seafarers’ identity documents (SIDs). In its previous comments, the Committee noted that the tripartite committee highlighted that the confiscation of SIDs is a serious problem in the Thai fishing industry. The Committee noted that according to section 68 of the Royal Ordinance B.E. 2560 of 2017, the work permit should always be kept with the migrant worker during his/her work while the confiscation of IDs shall be punishable under section 131 of the Royal Ordinance. The Committee requested the Government to strengthen its efforts to ensure the effective implementation of the Royal Ordinance B.E. 2560 of 2017.

The Committee notes the observations made by the ITF that only 13 per cent of the fishers interviewed had their IDs in their possession while most workers stated that the owner or captain retained possession of their IDs and denied the fishers free access to their documents. When fishers want to change boats, the vessel owner has to sign a release before fishers can legally change the employer. The owner can demand tens of thousands of baht from the fishers for their “document fees” before they release the document or can demand that the new vessel owner “purchase” the debt from the previous owner thereby continuing a severe system of debt bondage or forced labour.

The Committee notes the Government’s indication that the Foreigners’ Working Management Emergency Decree (No. 2) B.E. 2561 (2018) (FWME Decree), which repeals many of the provisions of the Royal Ordinance of 2017, addresses the problems arising from the work permit applications and difficulties in changing an employer with the implementation of a comprehensive system for prevention, protection, remedies and enforcement in line with the policy of hiring migrant workers. According to section 62 of the FWME Decree which repeals section 131 of the Royal Ordinance, any person who confiscates a work permit or identification card of a foreign worker shall be liable to imprisonment for a term not exceeding six months or a fine up to THB100,000 or both. The Committee further notes the Government’s indication that the provisions of the FWME Decree have been disseminated to employers for them to understand that work permits or other documents of the migrant workers shall be deposited with the employer upon consent of the worker and that employers should provide timely access to such documents at any time upon the request of the worker. Recalling that the practice of confiscation of work permits or SIDs is a serious problem that may increase migrant fisher workers’ vulnerability to abuse, by leaving them undocumented, reducing their freedom of movement and preventing them from leaving an employment relationship, the Committee urges the Government to strengthen its efforts to ensure that the FWME Decree of 2018 is effectively implemented, and that sufficiently dissuasive penalties for confiscation of work permits or SIDs are imposed on employers who are in breach of the legislation.

(ii) Withholding of wages. The Committee previously noted that the tripartite committee encouraged the Government to continue to strengthen its efforts to address the non-payment of wages, and ensure the effective application of the Ministerial Regulation concerning Labour Protection in Sea Fishery Work B.E. 2557 (2014). It noted the ITUC’s assertions in its observations that withholding of wages continued to be a common practice in Thailand, and that weak labour law enforcement and access to justice has led to the lack of guarantee of the payment of wages. The Committee noted that section 8 of the 2014 Ministerial Regulation B.E. 2557 requires an employer to prepare a salary statement including paid leave in the Thai language and that section 11 prohibits the employer from withholding wages. If an employer intentionally refrains from the payment of the salary seven days beyond the agreed initial date of payment, he/she is required to pay an additional amount of 15 per cent of the amount withheld. The Committee requested the Government to ensure that the 2014 Ministerial Regulation B.E. 2557 is effectively implemented, so that all wages were paid on time and in full, and that deterrent penalties for non-payment of wages were imposed.

The Committee notes from the ITF’s observations that 82 per cent of the fishers surveyed indicated that they are not paid monthly. While 95 per cent of the fishers know that a bank account has been created along with an ATM card attached to that account, only 3 per cent indicated as having control and possession of their bank account and ATM card. In the majority of cases, the captains or owners control access to the bank account or ATM card and create fictitious electronic payment records showing compliance with minimum wage standards when in reality they are paying much less.

The Committee notes the Government’s information that the Port-In–Port-Out Control Centre (PIPO), which is a law enforcement mechanism to control and supervise whether the employees receive their benefits, conduct three levels of inspection on fishing vessels, fishing gears, and workers. Before and after a fishing vessel departs or arrives a port, the vessel must be inspected by a labour inspector in the PIPO to check the payslips and to ensure that the workers have received their wages and benefits as prescribed. The Committee further notes the information provided by the Government on the results of labour inspections conducted by the PIPO. However, the Committee notes with concern that there is no specific information on the number of cases that relate to wages. The Committee urges the Government to take the necessary measures to ensure that the provisions of the Ministerial Regulation B.E. 2557 are effectively implemented, so that all wages are paid on time and in full, and employers face appropriate sanctions for the non-payment of wages. It also requests the Government to continue to provide information on the monitoring activities of the PIPO, including the number of violations detected relating to the non-payment or withholding of wages and the penalties applied.

(iii) Physical abuse. The Committee previously noted that the tripartite committee emphasized the vulnerable situation of fisher workers who may face physical violence that could in certain cases amount to murder. The Committee noted that in its observations, the ITUC provided several examples of fisher workers who had been physically abused or suffered from health complications or even killed. Survivors reported that they were deprived of food for several days, and had to work for up to three days without a break. In this regard, the Committee noted the Government’s explanation that the amendment of 2015 (B.E. 2558) of the Anti Trafficking Act increased the penalty to 20 years’ imprisonment if the offence of trafficking causes the victim(s) serious injuries, and life imprisonment or death penalty if the offence causes the victim(s) death. The amendment of 2017 (B.E. 2560) of the Anti-Trafficking Act provides for more explicit provisions, including: (i) the revision of the definition of “exploitation” to cover slavery; and (ii) the revision of the definition of “forced labour or forced service” to cover confiscation of IDs and debt bondage. The Committee urged the Government to take the necessary measures to ensure that the Anti-Trafficking Act, as amended, was effectively implemented.

The Committee notes that Emergency Decree B.E. 2562 (2019), amending the Anti-Human Trafficking Act (B.E. 2551), includes offences related to forced labour or services. According to section 5 of the Decree, any person who compels another person to work or provide services by means of threatening to cause injury to the life, body, liberty, reputation or property of the person threatened; intimidating; using force; confiscating identification documents; using debt burden incurred by such person; or by using any other similar means shall be liable to imprisonment for a maximum term of four years or to a fine up to THB400,000 or to both. If the above offence results in the victim being seriously injured or having a fatal disease, such person shall be liable to imprisonment for a maximum term of twenty years and a fine or to life imprisonment and in case of victim’s death shall be liable to life imprisonment or the death penalty.

The Committee also notes the Government’s information on the measures taken for the effective enforcement of the Anti-Human Trafficking Act, including the various training activities provided for inquiry officials, administrative staff and labour inspectors on victim identification. Moreover, a workshop to consult the multidisciplinary teams and law enforcement bodies on victim identification was hosted in Bangkok with the participation of officials from the Chief Inquiry Office, the Department of Special investigations and the Department of Local administration. Recalling the particular nature of the work of fisher workers, due in part to their isolated situation at sea, the Committee once again underlines the importance of taking effective measures to ensure that this category of workers is not placed in a situation of increased vulnerability, especially when they are subjected to physical violence. The Committee therefore urges the Government to take the necessary measures to ensure that the provisions of the Emergency Decree B.E. 2562 (2019) are effectively implemented, and regularly monitored by the law enforcement bodies, to investigate cases of physical abuse. It also requests the Government to take the necessary measures to ensure that the appropriate sanctions are imposed on employers who are in breach of the legislation.

II. Law enforcement and access to justice. In its previous comments, the Committee noted that the tripartite committee highlighted the importance of: (a) strengthening the labour inspectorate body; and (b) providing access to justice and protection to the victims in order to enable the strict enforcement of the provisions prohibiting forced labour.

(a) Labour inspection and the application of penal sanctions

The Committee previously noted that the tripartite committee found that the Government had established multidisciplinary inspection teams on fishing vessels that had the mandate to interview workers with a view to preventing them from becoming victims of debt bondage and human trafficking in the fisheries sector. It noted that in addition to the development of the Vessel Monitoring System (VMS), the Command Centre for Combating Illegal Fishing (CCCIF) had established the Electronics Monitoring Messaging and Electronics Reporting System (EM and ERS) which would enhance the capability to control illegal trans-shipment at seas, and help in detecting cases of trafficking in persons. The Committee also noted that according to Order No. 22/2017 on the implementation to combat Illegal, Unreported and Unregulated fishing (IUU), any authorized official who detects unlawful practices under fishery laws, shall have the right to detain the vessel and report it to the Marine Department within 24 hours. It further noted the various trainings provided for labour inspectors and the employment of language coordinators in Department of Labour Protection and Welfare (DLPW) provincial offices, PIPO centres and Migrant Workers Assistance Centres to facilitate communication between migrant workers and government officials. The Committee encouraged the Government to continue to take measures to strengthen the capacity of the labour inspectors in detecting forced labour practices and trafficking of persons.

The Committee notes the observations made by the ITF that the PIPO’s use of the vessel monitoring system as a replacement for physical inspections will increase the risk of labour rights violations going unnoticed under the guise of statistics that falsely indicate compliance. The information from the electronic system could be used to conclude that there are no problems on vessels without ever inspecting a vessel or interviewing the crew. An electronic monitoring system may assist in combating illegal, unreported and unregulated fishing, but cannot be viewed as a replacement to physical inspections and human intelligence gathered through hands on inspection.

The Committee notes the Government’s information that the DLPW has increased the number of labour inspectors from 1,245 in 2016 to 1,900 in 2018. With regard to the measures taken to enhance the capacity of law enforcement officials in identifying victims of trafficking, the Committee notes the detailed information provided by the Government on the training and capacity-building activities carried out from 2016–18 for labour inspectors and other law enforcement officials. According to the Government’s information: (i) training was provided to 185 officials from the Ministry of Labour, Navy and Marine Police within the framework of the ILO Ship to Shore rights project, to increase their inspection skills, particularly in sea fishery and related businesses; (ii) training was provided to more than 250 labour inspectors and officials under the “Enhance Law Enforcement Efficiency for Qualitative Labour Inspectors Training Project” to prevent and deal with issues related to the use of forced labour, debt bondage, trafficking of persons and child labour; (iii) training activities was provided for 52 law enforcement officers to address illegal unreported and unregulated fishing problems; (iv) training activities on forced labour and debt bondage were provided for 101 labour inspectors; and (v) capacity-building activities were provided for 140 participants from the multidisciplinary teams to handle cases of trafficking in persons.

Moreover, the Committee notes the Government’s information that it has improved the methods of inspecting sea fishery workers, particularly to identify cases of forced labour and trafficking in persons and that the inspection ensures that workers have an employment contract as specified and receive benefits mentioned in the employment contract. The Government indicates that during 2018–19, owners of two fishing vessels were prosecuted and fined following a preliminary interview with workers in a secluded zone in the absence of the employer and through an interpreter. In 2018, the multidisciplinary team and interpreters interviewed 78,623 vessels in 22 coastal provinces and identified 511 violations relating to rest time, incorrect employment contracts, payslips and documents. Of these, 507 cases have been prosecuted, of which 482 litigations have been finalized.

The Committee further notes the information provided by the Government on the results of the labour inspections at the PIPO centres. Accordingly, in 2018, 74,792 fishing vessels were inspected, 509 offences were detected, 482 orders were issued, owners of 24 vessels were fined, and three cases were prosecuted. It further notes the Government’s indication that in 2018, 304 offenders of trafficking in persons were prosecuted, including 258 cases for sexual exploitation, 29 cases for employment-related issues, eight cases for the purpose of begging, and six cases related to the use of forced labour in the fishery sector. The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspectors in detecting forced labour practices and trafficking in persons in the fishery sector. It also requests the Government to continue to provide statistical information on the number and nature of violations related to forced labour or trafficking concerning migrant fisher workers that have been registered by the labour inspectors, as well as by the PIPO centres and penalties imposed. The Committee also requests the Government to take the necessary measures to ensure that the vessels are monitored through physical inspections by labour inspectors and the PIPO centres and that the inspection results are disaggregated by offences.

(b) Access to justice and assistance to victims

The Committee previously noted the tripartite committee’s observation that, while the legislation provided for the establishment of different complaints mechanisms, there existed some obstacles to their effective use by workers, such as the duration of the complaints procedure, language barriers and the lack of information on preventive measures with regard to re-trafficking. The Committee noted the Government’s statement that there existed special assistance centres for migrant workers and that a number of centres, such as the Fishing Worker Coordinator Centres and the Fisherman’s Life Enhancement Centre (FLEC) had been established for migrant fishing workers. In addition, the Committee noted the establishment of 24-hour assistance channels that are accessible to migrant workers in their own languages, as well as the Complaint System for Foreign Workers which operates through the Internet. The Committee further noted the signing of Memoranda of Understanding (MOUs) to tackle trafficking in persons with source countries, such as Lao People’s Democratic Republic, Myanmar and Viet Nam and an agreement with the Government of Myanmar on the implementation procedure for the repatriation and reintegration of victims under the concept of safe repatriation, safe receiving and no re-trafficking. The Committee encouraged the Government to continue to take measures to ensure improved protection and assistance to migrant fisher workers so as to prevent them from falling into situations of forced labour or trafficking in persons.

The Committee notes the detailed information provided by the Government on the establishment of various service centres which provide assistance to migrant workers, including:

• -four Migrant Workers Assistance Centres aimed at upgrading the quality of life of fishery workers and providing assistance, knowledge on welfare and benefits and receiving grievances from workers;
• -Fisherman Centre established by the DLPW and the Labour Rights Promotion Network Foundation which provides assistance to foreign fishers who are victims of forced labour and other abuses;
• -Migrant Workers Protection and Monitoring Network under the Ministry of Labour’s LINE Application which sets up chat groups that assist migrant workers to reclaim wages and compensation and to advice workers on their rights under relevant provisions (currently there are 29 chat groups gathering 1,431 members);
• -PROTECT-U, a mobile application that receive reports of trafficking in persons and refers to the relevant government agencies of other service providers;
• -Joint Service Centres for Migrant Workers established in ten provinces and covering workers in 24 industrial sectors which provide advice on work-related benefits, changing employers and coordination and referral for assistance or access to their rights (from October 2018 to June 2019, the centres provided services to 31,934 migrant workers);
• -“DOE Help me”, a grievance mechanism through the website supporting six languages which provides employment and job-seeking information and receives complaints from Thai and migrant workers (from October 2018 to May 2019, the website recorded 213 grievances from workers and all the complaints received assistance); and
• -Hotline 1506 to receive complaints and grievances from migrant workers which has three interpreters.

Moreover, the DLPW has employed language coordinators and interpreters for the effective protection and assistance of migrant workers and to prevent them from becoming victims of forced labour or trafficking of persons. The number of interpreters has increased from 72 in 2016 to 153 in 2018. The Committee encourages the Government to continue to take measures to ensure improved protection and assistance to migrant fisher workers, so that they do not fall victims to forced labour or trafficking in persons. The Committee also requests the Government to provide statistical information on the number of migrant fisher workers who have had recourse to legal and other assistance from the above-mentioned assistance centres and other online grievance mechanisms.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. In its earlier comments, the Committee noted the adoption of the Anti-Trafficking in Persons Act B.E. 2551 (2008). It noted a series of measures taken by the Government to strengthen law enforcement mechanisms, including the collaboration between law enforcement officials and the Office of the Attorney General and the targeting of particular locations for investigation, such as medium and small-sized factories, karaoke pubs and brothels. The Committee requested the Government to continue to provide information on the application in practice of the Anti-Trafficking Act.

The Committee notes the Government’s indication in its report that, under the amendment to the Anti-Trafficking Act No. 2 B.E. 2558 of 2015, the penalty was increased to imprisonment of up to 20 years if the offence causes the victim(s) serious injuries, and life imprisonment or death penalty if the offence causes the victim(s) death. It also indicates that the amendment of the Anti-Trafficking Act No. 3 B.E. 2560 of 2017 provides for more explicit provisions, including: (i) the revision of the definition of “exploitation” to cover slavery; and (ii) the revision of the definition of “forced labour or forced service” to cover confiscation of identification documents (IDs) and debt bondage. Moreover, a series of training courses were provided in 2017 on the Anti-Trafficking Act B.E. 2551 of 2008 to law enforcement bodies, including the police, Office of the Attorney General and officials from the Department of Special Investigation in order to enhance their capacity to identify victims of trafficking. The Committee encourages the Government to continue to take measures to enhance the capacity of the law enforcement authorities to identify victims of trafficking. It requests the Government to take the necessary measures to ensure that the Anti-Trafficking Act, as amended, is effectively implemented and to provide information on the number of cases of trafficking for both sexual and labour exploitation that have been detected and investigated by the competent authorities as well as the penalties applied.

2. Protection and reintegration of victims of trafficking in persons. In its earlier comments, the Committee noted that repatriation programmes had been arranged with Cambodia, the Lao People’s Democratic Republic, Myanmar and the Yunnan Province of China in order to develop effective and safe repatriation procedures.

The Committee notes the Government’s indication that it has established the 24-hour assistance channels that are accessible to migrant workers in their own languages, including for instance: Hotline 1300, Hotline 1546, or Hotline 1694, as well as the Complaint System for Foreign Workers Department of Employment (DOE) Help Me which operates through the Internet. The Committee further takes note of the statistics communicated by the Government on the number of victims of trafficking in persons who had benefited from such assistance. For instance, between January and July 2017, the Ministry of Social Development and Human Security (MSDHS) provided assistance to 224 victims of trafficking in persons. Most cases were related to forced labour and sexual exploitation. Lastly, the Government indicates that a questionnaire was developed to collect better data on victims of trafficking. The Committee welcomes the information provided and encourages the Government to pursue its efforts to ensure that all victims of trafficking, for both sexual and labour exploitation, are protected and can effectively have access to justice. The Committee requests the Government to continue to provide statistical data on the number of victims identified, as well as those who have benefited from assistance.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

Articles 1(1), 2(1) and 25 of the Convention. I. Vulnerability of migrant workers in the fishing sector to practices of forced labour and trafficking. The Committee notes that, at its 329th Session (March 2017), the Governing Body approved the report of the tripartite committee that was set up to examine the representation made by the ITUC and the International Transport Workers’ Federation (ITF) alleging non-observance of the Convention by Thailand.

The Committee notes that the representation raised two major sets of allegations with regard to compliance with the Convention. The first concerns the situation of workers on board Thai fishing vessels, particularly migrant workers, who are allegedly exposed to forced labour and trafficking. The second concerns the responsibility of the State to ensure that the prohibition of forced labour is strictly enforced by effective and adequate penal sanctions. The Committee also notes that the tripartite committee examined allegations raised by the ITUC and the Government’s explanations on the measures taken to combat forced labour and trafficking in the fishing sector, particularly with regard to: (a) recruitment practices; and (b) employment practices.

(a) Recruitment practices

The Committee notes that the tripartite committee examined several issues related to: (i) brokers and recruitment fees; (ii) the issue of contract substitution; and (iii) the issue of corruption and trafficking in persons.

(i) Brokers and recruitment fees. The Committee observes that the tripartite committee found that while the Recruitment and Job-Seekers Protection Act (1985) is the main piece of legislation that regulates the recruitment practices of private employment agencies, the 1985 Act does not contain specific provisions related to the protection of migrant workers during the recruitment process, and does not stipulate procedures for regulating brokers, subcontracting agencies or manning agencies supplying migrant workers; nor does it regulate the payment of recruitment fees by workers. The tripartite committee took note of the Government’s indication that a new Royal Ordinance concerning Migrant Workers Recruitment is to be adopted to ensure better prevention of the illegal recruitment of migrant workers.

The Committee notes with interest the adoption of the Royal Ordinance on the Management of Foreign Workers Employment B.E. 2560 (23 July 2017) (Royal Ordinance B.E. 2560). According to the Government, this Ordinance has three main objectives: harsher penalties for offenders; clearer responsibilities of employers and licensed recruitment agencies; and the possibility for NGOs to use the Foreign Worker’s Management Fund for assisting and protecting workers from being exploited. Moreover, under the 2015 Royal Ordinance on the Application for Work Permit B.E. 2559, recruiting migrant workers without a work permit is an offence punishable by a prison term of up to three years or a fine of 200,000 to 600,000 Thai baht (THB) (US$6,000 to US$18,000).

The Committee further notes that the ITUC asserts in its observations that in January 2016, Greenpeace had reported that some migrant and Thai workers in certain fishing vessels had paid recruitment fees of up to $742 to brokers. In addition, they had reported not receiving any information regarding working conditions, payment of wages or the length of time at sea prior to getting on board the vessels. The payment system consists of salary advances sent home in undocumented transfers via brokers and lump sums promised to workers after completing their work at sea.

The Committee notes the Government’s indication in its report that it has prohibited the imposition of recruitment fees on migrant workers, except for certain costs such as the cost of preparing documents and transportation expenses (section 42 of the Notification of the Department of Employment on the Identification of List of Foreign Workers and the Rate of Service Fee and Cost Fee and Cost Form in bringing in Foreign Workers to work with Employers in the Kingdom, dated 14 November 2016). In case of violations, the employer is liable to six to 12 months’ imprisonment.

The Committee also notes the Government’s indication that it has been working closely with countries of origin (Myanmar, Cambodia, and Lao People’s Democratic Republic) via regular consultations and bilateral meetings to develop memoranda of understanding (MOUs) for fair recruitment practices. For example, it has agreed with the Cambodian Government to recruit Cambodian workers in the fishing sector through the Government to Government (G to G) Pilot project, according to which the Thai Government has agreed to guarantee a minimum salary of THB12,000 per month, payment of wages by bank transfer, appropriate accommodation and food, as well as health insurance and accident coverage. The International Organization for Migration (IOM) is also collaborating in the G to G Pilot project. Moreover, there is a mutual agreement to establish a Cambodian migration centre by the end of 2017. The centre will be responsible for pre-departure training, facilitating required legal documentation for migrant workers, as well as assisting the victims of forced labour or trafficking. The Committee requests the Government to continue to strengthen its efforts to ensure that migrant workers in the fishing sector are not exposed to practices that would increase their vulnerability to forced labour, in particular in matters related to the payment of recruitment fees and the recruitment by illegal brokers. It also requests the Government to provide further information on the application in practice of the Royal Ordinance on the Management of Foreign Workers Employment B.E. 2560 (2017), indicating the number and nature of violations detected and the penalties imposed for cases of violations.

(ii) Contract substitution. The Committee notes that the tripartite committee observed that migrant workers were still confronted with the practice of contract substitution. The Committee notes the Government’s indication that it is compulsory to sign a formal contract between the employer and the worker (sections 14/1 and 17 of the Labour Protection Act B.E. 2541 (1998) and section 6 of the Ministerial Regulation Concerning Labour Protection in Sea Fishery Work B.E. 2557 (2014)) and that the employment contract has to be signed in two copies so that the worker keeps a copy. Under the agreed MOUs with source countries, there is a standard type of contract which is approved by the Department of Labour Protection and Welfare (DLPW). Such contracts must be in both the Thai language and the language of the migrant worker (now available in Khmer, Burmese, Laotian and English). The signed contract should stipulate the amount of the monthly payment of wages via bank transfer and the transfer fee that is borne by the employer. This contract should be vetted by one labour inspector from the Ministry of Labour (MOL).

Moreover, under the Fishery Law B.E. 2560 of 2017 an identification document (known as a Seabook) has to be issued for any migrant worker in the fisheries sector when the owner of a fishing vessel has signed the DLPW’s standard contract with a worker. As of June 2017, the Department of Fishery had issued 50,033 Seabooks to migrant workers, among them 30,661 from Myanmar, 18,050 from Cambodia, 1,201 from Lao People’s Democratic Republic, 31 from Viet Nam, and 90 for stateless persons. The employment of a worker on a fishing vessel without an identification document, or without a licence shall be subject to a fine (THB400,000 ($12,000)). The Committee requests the Government to continue to strengthen its efforts to ensure that, in practice, labour contract substitution is effectively prohibited. In this regard, it encourages the Government to ensure that the competent authorities register and verify that the signed contract corresponds to the original offer of employment consented to by the worker. Lastly, the Committee requests the Government to continue providing statistical information on the number of migrant fisher workers who have been issued with Seabooks documents as well as the number of infringements registered in this respect.

(iii) Corruption and trafficking in persons. The Committee notes that the tripartite committee considered that corruption of government officials can create an environment of impunity that exacerbates the situation of vulnerability of migrant fishers and constitutes a major obstacle in the identification of victims of forced labour and trafficked victims.

The Committee also notes that in its observations the ITUC asserts that, in 2016, the Criminal Court Division for Human Trafficking in Bangkok found 62 persons guilty of trafficking in persons, including several high-ranking officials who were sentenced to life imprisonment. The ITUC adds that, often, police officers or high-ranking government officials threaten witnesses, interpreters or other police officers.

The Committee takes note of the statistics provided by the Government according to which, from 2014 to 2017, there were 12 cases and 53 government officials who had been investigated of being involved in trafficking of migrant workers in the fishing sector. In 2017, ten police officers were under investigation by the Public Sector Anti-Corruption Commission. In 2016, the Anti-Money Laundering Office (AMLO) reported nine cases of trafficking in persons (forced labour and trafficking for sexual exploitation cases) for which assets were seized from the perpetrators.

It is reported by the Government that one of the major challenges faced by the multidisciplinary inspection teams on fishing vessels during the process of victims’ identification is the provision of shelters for victims or witnesses. Providing shelters for victims of trafficking is the responsibility of the Ministry of Social Development and Human Security (MSDHS). The Royal Thai Police also has the responsibility for providing accommodation and protection for persons whose trial is under way. In addition to the development of the Vessel Monitoring System (VMS), the Command Centre for Combating Illegal Fishing (CCCIF) has established the Electronics Monitoring Messaging and Electronics Reporting System (EM and ERS) which would enhance the capability to control illegal transshipment at seas, and help in detecting cases of trafficking in persons. The Committee requests the Government to continue to take proactive measures to ensure that government officials complicit with human traffickers are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice for violation of the legislation. The Committee encourages the Government to continue to provide appropriate training to law enforcement bodies in order to improve their capacity to identify cases of trafficking in persons.

(b) Employment practices

(i) Confiscation of seafarers’ identity documents (SIDs). The Committee notes that the tripartite committee highlighted that the confiscation of SIDs is a serious problem in the Thai fishing industry and that there was no specific prohibition in the legislation for such an offence.

The Committee further notes that the ITUC asserts in its observations that national courts and public authorities, such as the National Human Rights Commission of Thailand fail to recognize that the confiscation of SIDs could expose workers to exploitation and believe that confiscation of identity documents (IDs) does not necessarily imply coercion to work. Instead, judicial authorities believe that the confiscation of IDs is justified because it makes the inspection of documents easier.

The Committee notes that under section 131 of the Royal Ordinance B.E. 2560 of 2017, the confiscation of IDs is now punishable with imprisonment of up to six months or a fine. Section 68 also stipulates that the work permit should always be kept with the migrant worker during his/her work. According to the Government, the establishment of 32 Port in-Port Out (PIPO) Controlling Centres at the 22 coastal provinces has increased efficiency and effectiveness of law enforcement. During the period 1–31 August 2017, 412 fishing vessels and 4,995 fishers (1,490 Thai, 1,836 Burmese, 1,633 Cambodians and 36 Laotians) were inspected. There was no confiscation of SIDs or Seabooks, no complaint regarding non-payment of wages, and no forced labour or trafficking cases. The Committee recalls that the practice of confiscation of SIDs is a serious problem that may increase migrant fisher workers’ vulnerability to abuse, by leaving them undocumented, reducing their freedom of movement and preventing them from leaving an employment relationship. In this regard, the Committee requests the Government to strengthen its efforts to ensure that the Royal Ordinance B.E. 2560 of 2017 is effectively implemented, and that sufficiently dissuasive penalties for confiscation of SIDs are imposed on employers who are in breach of the legislation.

(ii) Withholding of wages. The Committee observes that the tripartite committee encouraged the Government to continue to strengthen its efforts to address the non-payment of wages, and ensure the effective application of the 2014 Ministerial Regulation concerning Labour Protection in Sea Fishery Work B.E. 2557 (2014). The Committee notes the ITUC’s assertions in its observations that withholding of wages continues to be a common practice in Thailand, and that weak labour law enforcement and access to justice lead to the lack of guarantee of the payment of wages.

The Committee notes that the Government refers to section 8 of the 2014 Ministerial Regulation B.E. 2557 in which the employer has the obligation to prepare a salary statement including paid leave in the Thai language. Section 11 clearly prohibits the employer from withholding wages. If an employer intentionally refrains from the payment of the salary seven days beyond the agreed initial date of payment, he/she is required to pay an additional amount of 15 per cent of the amount withheld. In May 2015, the DLPW in cooperation with the multidisciplinary inspection teams on fishing vessels and officials from the Myanmar Embassy assisted 13 workers of a fishing vessel from Myanmar to recover their back wages. Moreover, in 2017, the DLPW helped a worker from Myanmar, aged 17, to receive 20 days of unpaid salary; the owner of the vessel was charged for employing a minor and trafficking in persons. The Committee requests the Government to ensure that the 2014 Ministerial Regulation B.E. 2557 is effectively implemented, so that all wages are paid on time and in full, and that deterrent penalties for non-payment of wages are imposed.

(iii) Physical abuse. The Committee notes that the tripartite committee emphasized the vulnerable situation of fisher workers who may face physical violence that could in certain cases amount to murder. The Committee notes that in its observations, the ITUC provides several examples of fisher workers having been physically abused. For instance, in January 2016, six Cambodian and Thai fishers, crew members of two Thai vessels died and 32 others suffered from health complications. Survivors reported that they were deprived of food for several days, and had to work for up to three days without a break.

The Committee notes the Government’s explanation that the amendment of the Anti-Trafficking Act No. 2 B.E. 2558 of 2015 increased the penalty to 20 years’ imprisonment if the offence causes the victim(s) serious injuries, and life imprisonment or death penalty if the offence causes the victim(s) death. The amendment of the Anti-Trafficking Act No. 3 B.E. 2560 of 2017 provides for more explicit provisions, including: (i) the revision of the definition of “exploitation” to cover slavery; and (ii) the revision of the definition of “forced labour or forced service” to cover confiscation of IDs and debt bondage.

While noting the legislative measures taken by the Government, the Committee expresses its deep concern about cases of fisher workers who have been victims of physical abuses or injuries and, in some cases, who have also been victims of death. Recalling the particular nature of the work of fisher workers, due in part to their isolated situation at sea, the Committee underlines the importance of taking effective measures to ensure that this category of workers is not placed in a situation of increased vulnerability, especially when they are subjected to physical violence. Accordingly, the Committee urges the Government to take the necessary measures to ensure that the Anti-Trafficking Act, as amended, is effectively implemented, and regularly monitored by the law enforcement bodies, to investigate cases of physical abuse. It also requests the Government to take the necessary measures to ensure that the appropriate sanctions are imposed on employers who are in breach of the legislation.

II. Law enforcement and access to justice. The Committee notes that the tripartite committee pointed out that the prohibition of forced labour requires that the penalties imposed by law are adequate, commensurate with the offence and strictly enforced. To this end, the tripartite committee highlighted the importance of: (a) strengthening the labour inspectorate body; and (b) providing access to justice and protection to the victims.

(a) Labour inspection and the application of penal sanctions

The Committee notes that the tripartite committee found that the Government had established multidisciplinary inspection teams on fishing vessels that have the mandate to interview workers with a view to preventing them from becoming victims of debt bondage and human trafficking in the fisheries sector.

The Committee notes the Government’s statement that there are currently 1,506 labour inspectors. This number has increased by 29.71 per cent since the last report was submitted on the application of the Convention. The Committee takes due note of the statistics provided by the Government on a series of training courses that were provided to labour inspectors, including: (i) 28 government officials were trained in May 2017 by the Ship to Shore Rights Project on forced labour indicators, interview techniques, issues of debt bondage, confiscation of ID documents, and the Anti-Trafficking Act; (ii) 80 officials at management level were trained in June 2017 by the Department of Employment (DOE) on investigation techniques and prosecution of traffickers in persons; (iii) in September 2017, senior officials from the MOL, MSDHS, DOE; Marine Police and the Royal Thai Navy were given training on how to interview workers in the fishing sector.

The Committee also notes that a certain number of language coordinators have been employed to facilitate the communication between migrant workers and government officials (Announcement of Office of the Prime Minister of November 2016). Some 70 language coordinators were appointed to work at 22 DLPW provincial offices and in 32 PIPO Controlling Centres, and ten language coordinators were working in the Migrant Workers Assistance Centre in ten provinces.

The Committee takes note of the number of inspections carried on board at sea between 2015 and 2017. It notes that, in 2016, 1,859 migrant workers, including 1,675 from Myanmar, 81 from Lao People’s Democratic Republic, and 103 from Cambodia received their entitlements. The Committee also notes that Order No. 22/2017 on the implementation to combat Illegal, Unreported and Unregulated fishing (IUU) (4th supplement) came into force in April 2017. Under the Order, any authorized official who detects unlawful practices under fishery laws, shall have the right to detain the vessel and report it to the Marine Department within 24 hours. Between April and June 2017, 135 fishing vessels were detained as a result of the implementation of Order No.22/2017.

According to the Government, there were 319 cases of trafficking in persons that were detected and investigated in 2016 in the fishing sector, including 244 cases of sexual exploitation, 32 cases of employment-related issues, and 43 cases of trafficked workers in the fishing sector. In 2016, 600 offenders were arrested and charged under the Anti-Trafficking Act, and 268 were convicted and sentenced to a range of two to ten years’ imprisonment. As of September 2017, there were 85 cases under consideration by the Public Prosecutor, and 13 cases were under consideration by the courts. The Committee encourages the Government to continue to take measures to strengthen the capacity of the labour inspectors in detecting forced labour practices and trafficking of persons, and to continue to provide statistical information on the number of cases of forced labour or trafficking concerning migrant fisher workers that have been recently registered by the labour inspectors, as well as the number and nature of the penalties imposed.

(b) Access to justice and assistance to victims

The Committee notes that the tripartite committee observed that, while the legislation provides for the establishment of different complaints mechanisms, there exist some obstacles to their effective use by workers, such as the duration of the complaints procedure, language barriers and the lack of information on preventive measures with regard to re-trafficking.

The Committee notes the Government’s statement that there are special centres to assist migrant workers (Cabinet resolution of July 2016). With regard to migrant fishing workers, the Committee notes that, a number of centres, have been established, such as the Fishing Worker Coordinator Centres and the Fisherman’s Life Enhancement Centre (FLEC). In 2016, these centres provided assistance to 15 Cambodian working in the fishing sector. They are tasked with, among other things: (i) promoting employment in the fishing sector in line with the legislation; (ii) providing protection and legal assistance to migrant fishing workers; and (iii) raising awareness of the owners of fishing businesses and other relevant stakeholders to improve collaboration in combating trafficking in persons in the fishery sector. The Committee further takes due note of the statistics communicated by the Government regarding the types of assistance provided to migrant fisher workers. It observes that 15,370 migrant workers have been transferred to other employers; 241 have received their unpaid wages; and 372 have been transferred to related organizations for assistance.

In addition, the Government refers to the establishment of 24-hour assistance channels that are accessible to migrant workers in their own languages, as well as the Complaint System for Foreign Workers which operates through the Internet.

The Committee also takes note of the statistics communicated by the Government on the number of victims of trafficking in persons who had benefited from such assistance. For instance, between January and July 2017, the MSDHS provided assistance to 224 victims of trafficking in persons, including 78 workers who were victims of forced labour in the fishing vessels. The Committee further takes note of the Government’s indication that a certain number of MOUs have been signed to tackle trafficking in persons with source countries, such as Lao People’s Democratic Republic, Myanmar and Viet Nam. In June 2017, the Thai Government and the Myanmar Government signed an agreement on the implementation procedure of repatriation and reintegration of victims under the concept of safe repatriation, safe receiving and no re-trafficking: the implementation procedure contains the standard process of repatriation and reintegration, including better data collection systems and clear guidelines. In 2016, the Government conducted safe repatriation for 243 victims in close coordination with source countries. The Committee encourages the Government to continue to take measures to ensure improved protection and assistance to migrant fisher workers, so that they do not fall into situations of forced labour or trafficking in persons. The Committee also requests the Government to provide statistical information on the number of migrant fisher workers who had recourse to legal assistance from the abovementioned assistance centres. Finally, the Committee requests the Government to provide information on the number of migrant fisher workers who have lodged a complaint via the Complaint System for Foreign Workers operating through the Internet.

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

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

Representation made under article 24 of the Constitution. The Committee notes that the Government’s report has not been received. It also notes that, at its 316th Session (March 2016), the Governing Body declared receivable the representation made by the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF) alleging non-observance by Thailand of the Convention, and set up a tripartite committee to examine it. In accordance with its usual practice, the Committee has decided to suspend its examination of the application of this Convention, in particular concerning trafficking of persons and the vulnerability of migrant workers to conditions of forced labour, pending the adoption by the Governing Body of the conclusions and recommendations of the above tripartite committee.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation (ITUC)) expressing concern about the persistence of trafficking in persons from and into Thailand. The Committee subsequently noted the adoption of the Anti-Trafficking in Persons Act B.E. 2551 (2008), as well as the detailed information provided by the Government which demonstrated the significant efforts it had made in the fight against trafficking. It also noted the observations submitted by the National Congress of Thai Labour (NCTL) stating that statistics had shown that the number of arrests and prosecutions related to trafficking was still low compared to the number of offenders.

The Committee notes the Government’s response that this is due to the fact that in each case of arrest and prosecution there is usually more than one suspect, as human trafficking cases are usually committed by organized crime or groups of perpetrators. The Committee also notes the Government’s statement that the implementation of the Anti-Trafficking in Persons Act involves the participation of government agencies, specialist groups and NGOs. The difficulties encountered by the competent authorities in implementing the Act include demands from victims to be immediately repatriated and a lack of experienced interpreters to overcome language barriers in the prosecution process. In order to strengthen law enforcement mechanisms, the Royal Thai Police has established strategies to prevent and combat human trafficking and has taken measures to ensure a more effective investigation system. These measures include collaboration between law enforcement officials and the Office of the Attorney-General and the targeting of particular locations for investigation, such as medium and small sized factories, karaoke pubs and brothels. The Committee notes that between 2010 and 2012 there were 162 arrests for human trafficking for the purpose of prostitution, 25 arrests for trafficking for the purpose of forced labour or service and two arrests for human trafficking for the purpose of slavery. While taking due note of the detailed information relating to arrests, the Committee notes an absence of information on how many of those arrested were convicted and penalized. However, it notes the copies of nine court decisions submitted with the Government’s report, relating to the application of the Anti-Trafficking in Persons Act. These cases involved the prosecution of 18 defendants, resulting in 17 convictions and one acquittal, and the application of penalties of imprisonment for 15 defendants (ranging from two to ten years) as well as the application of fines in two cases. The Committee strongly encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken in this regard, including measures to provide appropriate training to law enforcement officials, border officials and the judiciary. The Committee also requests the Government to continue to provide information on the application of the Anti-Trafficking in Persons Act in practice, including the number of arrests, as well as the number of prosecutions, convictions, and the specific penalties applied. It further requests the Government to continue to provide copies of court cases related to the application of the Act.

2. Protection and reintegration of victims of trafficking in persons. The Committee previously noted that the Anti-Trafficking in Persons Act contained provisions relating to victim protection. The Government indicated that its labour inspection and labour protection practices included coordination with relevant government agencies, NGOs, international organizations and Thai embassies overseas to ensure trafficking victims’ protection, recovery and reintegration. Repatriation programmes had been arranged with Cambodia, the Lao People’s Democratic Republic, Myanmar and the Yunnan Province of China in order to develop effective and safe repatriation procedures.

The Committee notes the statement in the Government’s report that it has provided translation services at hotline centres in provinces with a large number of migrant workers. Additional training was also provided to education field officers, including with the agencies responsible for rehabilitation, support and repatriation so as to ensure integrated cooperation among the concerned agencies. The Government states that difficulties encountered in the application of the Convention included the limited budget to provide support to migrants during the investigation and prosecution process. The Government also states that arrested illegal migrant workers investigated by the Centre on Suppression, Arrest and Prosecution against Illegal Migrant Workers will be screened to assess whether they are victims of trafficking, and that any detected victims of trafficking will not be prosecuted. However, since the establishment of the Centre, no victims of trafficking for the purpose of labour exploitation have been detected. The Committee requests the Government to take measures to strengthen mechanisms for the identification of victims of human trafficking, and to continue to provide information on any difficulties encountered in this regard. It also requests the Government to intensify its efforts to provide protection and assistance, including legal assistance, to victims of trafficking, and to provide information on the number of persons benefiting from these services.

Articles 1(1), 2(1) and 25. Vulnerability of migrant workers to conditions of forced labour. In its previous comments, the Committee noted the addendum to the report of the United Nations Special Rapporteur on the human rights of migrants of 7 May 2011 (A/HRC/17/33/Add.1), which expressed concern regarding violations of the human rights of migrants in Thailand, in particular the negative impact of the National Verification (NV) registration process for migrant workers. According to the report, an estimated 1 million unregistered migrant workers were ineligible for the NV process and had been deemed as migrants with irregular status. These unregistered migrant workers could be asked to pay bribes ranging from 200 to 8,000 baht (THB) or more to the police in exchange for their freedom, either when stopped by the police or when in police custody. The Special Rapporteur expressed particular concern about the pattern of arbitrary arrest, violence and exploitation of migrants. This was exacerbated by the Prime Minister’s Order of 2 June 2010, which established a special centre to suppress, arrest and prosecute alien workers who are working underground, and an increasing number of cases of systematic abuse of official powers had been reported, “including the ‘sale’ of irregular migrants to various brokers who then transfer the migrants back to their worksites for fees or who ‘resell’ or traffic the individuals to various employers in the fishing and domestic industries”. The Committee also noted the 2011 report of the International Organization for Migration (IOM) on trafficking of fishermen in Thailand (14 January 2011), indicating that labour recruitment processes for migrant workers in the fishing sector remained largely informal, often leading to abuse. Many fishermen were “sold” to fishing boat owners by brokers, having to work for long periods without receiving any wages in order to repay their debts and could not leave or escape since fishing boats tended to be offshore for long periods of time. According to the report, migrant fishermen, who are usually undocumented and unregistered, are often held on boats indefinitely, working and being forcibly transferred between fishing boats, under threats of being reported to immigration authorities. The Committee also noted the comments of the NCTL expressing concern about the lack of participation of employers’ and workers’ organizations in the implementation of the Convention in the country.

The Committee notes the Government’s statement that employers’ and workers’ organizations have participated in activities concerning the application of the Convention, including through the working group on the resolution of child labour and forced labour in shrimp and agriculture. It also notes the Government’s indication that measures have been taken to protect the labour rights of migrant workers, especially those working in the fishery industry including the preparation to revise Ministerial Regulation No. 10 B.E. 2541 issued under the Labour Protection Act. The Government indicates that it has undertaken continuous efforts to systematically solve the problem of migrant workers from Myanmar, Lao People’s Democratic Republic and Cambodia working illegally in Thailand, as well as taking measures to prevent these migrant workers from becoming victims of labour trafficking, including through developing MOUs with these countries. The Government indicates that it is carrying out labour inspections focusing on particular areas, such as small and medium-sized enterprises, as well as enterprises which fail to submit a report on employment and working conditions to the competent authority and enterprises which regularly employ migrant workers, especially in the fishing and related industries. These inspections were conducted with the cooperation of many agencies, such as the Royal Thai Navy, the Marine Police, the Marine Department as well as NGOs. The Government indicates that 5,400 labour inspections focusing on the protection of migrant workers, covering 408,000 workers, resulted in the identification of 117 cases of violations of the Labour Protection Act. The Government indicates that the Prime Minister issued Order No. 68/2555 of 13 March 2012 on the Centre on Suppression, Arrest and Prosecution against Illegal Migrant Workers in order to manage the Government’s response to migrant workers and labour trafficking. The Centre involves the participation from the Ministries of the Interior, Justice and Defence, as well as the Royal Thai Police, in investigating the employment of illegal migrant workers. The Committee also notes the Government’s indication that it has taken measures to legalize the status of existing migrant workers, by allowing these workers to register with concerned authorities, obtain an identification number, and temporarily stay and work in Thailand while awaiting repatriation. Moreover, the Government indicates that in 2012, it implemented programmes on human trafficking for labour exploitation, including dissemination of information in languages understood by migrant workers, carrying out labour inspections in the fishing industry, conducting meetings with employers and workers and cooperation with the ILO within the framework of the Tripartite Action to Protect Migrant Workers from Labour Exploitation.

The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination, in its concluding observations of 15 November 2012, expressed concern at reports of abuse and exploitation of migrant workers, in particular those with irregular status (CERD/C/THA/CO/1, paragraph 22). The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. Particularly, the itinerant nature of work in fishing and the long periods of time spent away from shore hamper the identification of migrant fishermen working under forced labour conditions. The Committee therefore once again urges the Government to take the necessary measures to ensure that migrant workers, particularly those in the fishing industry, are fully protected from abusive practices and conditions that amount to the exaction of forced labour. It also requests the Government to further strengthen its law enforcement mechanisms, including measures to enforce anti-trafficking laws against those who target migrant fishermen, as well as to ensure that sufficiently effective penalties are applied to persons who subject these workers to conditions of forced labour. Moreover, the Committee requests the Government to continue to provide information in its next report on measures adopted specifically tailored to the difficult circumstances faced by migrant workers, including measures to prevent and respond to cases of abuse of migrant workers.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Prevention and protection measures, law enforcement. The Committee notes with interest the adoption of the new Anti-Trafficking in Persons Act B.E. 2551 (2008), which repeals the Measures in Prevention and Suppression of Trafficking in Women and Children Act B.E. 2540 (1997) and provides for a broad definition of “exploitation” to cover sexual exploitation, production and distribution of pornography, other forms of sexual exploitation, slavery, forced begging, forced labour, or other similar forms of exploitation. The Committee notes, in particular, the information on the mechanisms and special procedures developed by the Government, under the new Act, to ensure the effective prevention of human trafficking as well as protection of victims noting, in particular, the establishment of the Operational Guidelines on the Prevention and Suppression of Trafficking for Labour Purposes, and Assistance and Protection for Trafficked Persons. The Committee further notes that under the new Act, victims may claim compensation from the offenders for the damages caused by human trafficking.

The Committee also noted the statistics provided by the Government on the number of cases related to human trafficking during the period of June 2009 and June 2010, as well as the information on the activities of the Anti-Human Trafficking Division (AHTD), which has been established within the Royal Thai police and is, since 2009, the main body responsible for the prevention and investigation of human trafficking crimes. Finally, the Committee notes the information on the activities of the Centre against International Trafficking under the Office of the Attorney-General. The Committee considered that the detailed information provided by the Government in 2011 demonstrated the significant efforts it has made in the fight against trafficking.

The Committee once again asks the Government to continue to provide information, in particular on the application in practice of the Anti-Trafficking in Persons Act B.E. 2551 (2008), providing copies of further court decisions concerning trafficking and forced labour cases, as well as information on any difficulties encountered by the competent authorities in identifying victims and in initiating legal proceedings.

Trafficking in persons for the purpose of exploitation. Migrant workers. In its earlier comments, the Committee noted the observations 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, the ICFTU expressed its concern about the persistence of trafficking in persons from and into Thailand and referred to a report published by the UN Office on Drugs and Crime (April 2006), in which Thailand had been listed in the group of countries which had a very high level of trafficking, as a country of destination, origin and transit. According to the report, Cambodian and Lao women and girls were trafficked into Thailand for factory and domestic work and the sex trade; Burmese, Cambodian and Lao men were trafficked into Thailand for forced labour in such sectors as construction, agriculture and in particular the fishing industry.

In its reply to the observations submitted by the ICFTU, the Government indicated that the new Anti-Trafficking in Persons Act B.E. 2551 (2008) addresses both female, child and male victims equally, providing for heavier penalties on offenders involved in human trafficking, as well as victim protection and a fund to be established to support the prevention and suppression of human trafficking. As regards bonded and forced labour in particular, the Government indicated that, together with the new Act, provisions of the Labour Protection Act (B.E. 2541) concerning overtime work and minimum wages (such as sections 70, 90, 24, 25 and 144) can also serve as tools to prevent bonded and forced labour.

The Government further indicated that, as regards trafficking and forced labour, its practices on labour inspection and labour protection include coordination with relevant government agencies, NGOs, international organizations and Thai embassies overseas to ensure victims’ protection, recovery and reintegration to prevent them from being retrafficked. Finally, it informed that repatriation programmes have been arranged with Cambodia, the Lao People’s Democratic Republic, Myanmar and the Yunnan Province of China in order to develop effective and safe repatriation procedures.

As regards statistics and documentation on the problems of trafficking and exploitation for forced labour of workers from Myanmar on board Thai vessels and in Thai ports, the Government informed that during the fiscal year 2005–6, 15 complaints concerning workers on board Thai fishing vessels were submitted to the Department of Labour Protection and Welfare (DLPW), two of which were categorized as forced labour cases.

The Committee noted the addendum to the report of the United Nations Special Rapporteur on the human rights of migrants, presented at the 17th Session of the UN Human Rights Council on 17 May 2011 (A/HRC/17/33/Add.1), which contains communications to and from governments. In the communications addressed to the Government of Thailand, the Special Rapporteur expressed its concern regarding violations of the human rights of migrants in the country, in particular as regards the negative impact of the National Verification (NV) registration process for migrant workers. The Committee noted that, according to the report, approximately 300,000 migrant workers who failed to enter the NV process by the extended deadline of 31 March 2010 and an estimated 1 million unregistered migrant workers who were ineligible for the NV process are deemed as migrants with irregular status and particularly vulnerable to arbitrary arrest, violence and exploitation. According to the report, unregistered migrant workers may be asked to pay bribes ranging from 200 to 8,000 baht (THB) or more to the police in exchange for their freedom, either when stopped by the police or when in police custody.

The Committee further noted the information in the report concerning the Prime Minister’s order of 2 June 2010, issued to set up a Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground (No. 125/1223), according to which the Centre is mandated to suppress, arrest and prosecute alien workers who illegally enter the country. The Special Rapporteur expressed particular concern about the pattern of arbitrary arrest, violence and exploitation of migrants, which was exacerbated by the mentioned order and notes that an increasing number of cases of systematic abuse of official powers have been reported, “including the ‘sale’ of irregular migrants to various brokers who then transfer the migrants back to their worksites for fees or who ‘resell’ or traffic the individuals to various employers in the fishing and domestic industries”. Finally, the Special Rapporteur expressed concern about information received suggesting that arrested migrant workers from Myanmar were deported to their country of origin by boat through informal checkpoints controlled by the Democratic Karen Buddhist Army (DKBA) and that the DKBA demanded fees from the deportees in exchange for their freedom. According to the report, migrants who cannot afford the fees imposed are subject to beating and forced labour.

Corroborating the communications of the UN Special Rapporteur, the Committee noted the report of the International Organization for Migration (IOM) on Trafficking of Fishermen in Thailand (14 January 2011), which refers to violations on the human rights of migrant workers in Thailand, in particular in the fishing sector. In its report the IOM expressed concern about the conditions under which migrant workers are hired to work in the Thai fishing industry, with labour recruitment processes that remain largely informal, mostly on the basis of verbal agreements, often leading to abuse and fostering human trafficking. In addition, the IOM drew attention to the fact that many fishermen are “sold” to fishing boat owners by brokers, having to work for long periods without receiving any wages in order to repay their debts. The IOM further noted that, despite the degrading working conditions, fishermen often have no alternative but being subject to them, since fishing boats tend to be offshore for long periods of time, preventing workers to leave or escape. According to the report, migrant fishermen, who are usually undocumented and unregistered, are often held on boats indefinitely, working and being forcibly transferred between fishing boats in case one boat needs to return to shore, under threats of being reported to immigration authorities.

While noting this information, and considering the seriousness of the facts abovementioned, the Committee recalled that, despite the Government’s efforts in preventing, combating and suppressing trafficking in persons, the uncertainty surrounding the legal status of migrant workers, in particular those employed in the fishing sector, put them in an extremely vulnerable situation. Such vulnerability could lead to abuse and practices likely to undermine the protection provided by the Convention. Moreover, the itinerant nature of this type of work and the long periods of time spent away from shore hampers the identification of migrant fishermen victims of trafficking and working under forced labour conditions.

The Committee therefore once again requests the Government to take effective measures to protect migrant workers, particularly those in the fishing industry, with a view to the complete elimination of the exaction of forced labour from this category of workers. It also once again requests the Government to take the necessary measures to further strengthen its law enforcement mechanisms, including measures to enforce anti-trafficking laws against those who target migrant fishermen and that such measures address the problems identified in the abovementioned reports. The Committee hopes that the Government will provide, in its next report, detailed information about the progress of such measures, including not only numbers of prosecutions and convictions, but the specific criminal penalties which have actually been imposed on employers of migrant fishermen convicted under the new Anti-Trafficking Act. The Committee once again requests the Government to provide information on the application in practice of the above Prime Minister’s order of 2 June 2010, issued to set up a Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground (No. 125/1223). In this connection and bearing in mind the seriousness of the situation, the Committee once again requests the Government to provide information on the measures taken to prevent the exploitation of migrant workers and to ensure protection of their rights, regardless of their legal status.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations submitted on 30 December 2010 by the National Congress of Thai Labour (NCTL) on the application of the Convention by Thailand. In its comments, the NCTL observes that, despite the Government’s significant effort in combating trafficking in persons, statistics have shown that the number of arrests and prosecutions related to trafficking is still low if compared to the number of offenders. The NCTL also expresses concern about the lack of participation of employers’ and workers’ organizations in the implementation of the Convention in the country. The Committee hopes that the Government will provide information on these observations with its next report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Prevention and protection measures, law enforcement. The Committee notes with interest the adoption of the new Anti-Trafficking in Persons Act B.E. 2551 (2008), which repeals the Measures in Prevention and Suppression of Trafficking in Women and Children Act B.E. 2540 (1997) and provides for a broad definition of “exploitation” to cover sexual exploitation, production and distribution of pornography, other forms of sexual exploitation, slavery, forced begging, forced labour, or other similar forms of exploitation. The Committee notes, in particular, the information on the mechanisms and special procedures developed by the Government, under the new Act, to ensure the effective prevention of human trafficking as well as protection of victims noting, in particular, the establishment of the Operational Guidelines on the Prevention and Suppression of Trafficking for Labour Purposes, and Assistance and Protection for Trafficked Persons. The Committee further notes that under the new Act, victims may claim compensation from the offenders for the damages caused by human trafficking.

The Committee also notes the statistics provided by the Government on the number of cases related to human trafficking during the period of June 2009 and June 2010, as well as the information on the activities of the Anti-Human Trafficking Division (AHTD), which has been established within the Royal Thai police and is, since 2009, the main body responsible for the prevention and investigation of human trafficking crimes. Finally, the Committee notes the information on the activities of the Centre against International Trafficking under the Office of the Attorney-General.

Noting the detailed information provided by the Government, which demonstrates its significant effort to combat trafficking, the Committee asks the Government to continue to provide information, in particular on the application in practice of the Anti-Trafficking in Persons Act B.E. 2551 (2008), providing copies of further court decisions concerning trafficking and forced labour cases, as well as information on any difficulties encountered by the competent authorities in identifying victims and in initiating legal proceedings.

Trafficking in persons for the purpose of exploitation. Migrant workers. In its earlier comments, the Committee noted the observations 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, the ICFTU expressed its concern about the persistence of trafficking in persons from and into Thailand and referred to a report published by the UN Office on Drugs and Crime (April 2006), in which Thailand had been listed in the group of countries which had a very high level of trafficking, as a country of destination, origin and transit. According to the report, Cambodian and Lao women and girls were trafficked into Thailand for factory and domestic work and the sex trade; Burmese, Cambodian and Lao men were trafficked into Thailand for forced labour in such sectors as construction, agriculture and in particular the fishing industry.

In its reply to the observations submitted by the ICFTU, the Government indicates that the new Anti-Trafficking in Persons Act B.E. 2551 (2008) addresses both female, child and male victims equally, providing for heavier penalties on offenders involved in human trafficking, as well as victim protection and a fund to be established to support the prevention and suppression of human trafficking. As regards bonded and forced labour in particular, the Government indicates that, together with the new Act, provisions of the Labour Protection Act (B.E. 2541) concerning overtime work and minimum wages (such as sections 70, 90, 24, 25 and 144) can also serve as tools to prevent bonded and forced labour.

The Government further indicates that, as regards trafficking and forced labour, its practices on labour inspection and labour protection include coordination with relevant government agencies, NGOs, international organizations and Thai embassies overseas to ensure victims’ protection, recovery and reintegration to prevent them from being re-trafficked. Finally, it informs that repatriation programmes have been arranged with Cambodia, the Lao People’s Democratic Republic, Myanmar and the Yunnan Province of China in order to develop effective and safe repatriation procedures.

As regards statistics and documentation on the problems of trafficking and exploitation for forced labour of workers from Myanmar on board Thai vessels and in Thai ports, the Government informs that during the fiscal year 2005–06, 15 complaints concerning workers on board Thai fishing vessels were submitted to the Department of Labour Protection and Welfare (DLPW), two of which were categorized as forced labour cases.

The Committee notes the addendum to the report of the United Nations Special Rapporteur on the human rights of migrants, presented at the 17th Session of the UN Human Rights Council on 17 May 2011 (A/HRC/17/33/Add.1), which contains communications to and from governments. In the communications addressed to the Government of Thailand, the Special Rapporteur expresses its concern regarding violations of the human rights of migrants in the country, in particular as regards the negative impact of the National Verification (NV) registration process for migrant workers. The Committee notes that, according to the report, approximately 300,000 migrant workers who failed to enter the NV process by the extended deadline of 31 March 2010 and an estimated 1 million unregistered migrant workers who were ineligible for the NV process are deemed as migrants with irregular status and particularly vulnerable to arbitrary arrest, violence and exploitation. According to the report, unregistered migrant workers may be asked to pay bribes ranging from 200 to 8,000 baht (THB) or more to the police in exchange for their freedom, either when stopped by the police or when in police custody.

The Committee further notes the information in the report concerning the Prime Minister’s order of 2 June 2010, issued to set up a Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground (No. 125/1223), according to which the Centre is mandated to suppress, arrest and prosecute alien workers who illegally enter the country. The Special Rapporteur expresses particular concern about the pattern of arbitrary arrest, violence and exploitation of migrants, which was exacerbated by the mentioned order and notes that an increasing number of cases of systematic abuse of official powers have been reported, “including the ‘sale’ of irregular migrants to various brokers who then transfer the migrants back to their worksites for fees or who ‘resell’ or traffic the individuals to various employers in the fishing and domestic industries”. Finally, the Special Rapporteur expresses concern about information received suggesting that arrested migrant workers from Myanmar were deported to their country of origin by boat through informal checkpoints controlled by the Democratic Karen Buddhist Army (DKBA) and that the DKBA demanded fees from the deportees in exchange of their freedom. According to the report, migrants who cannot afford the fees imposed are subject to beating and forced labour.

Corroborating the communications of the UN Special Rapporteur, the Committee notes the report of the International Organization for Migration (IOM) on Trafficking of Fishermen in Thailand (14 January 2011), which refers to violations on the human rights of migrant workers in Thailand, in particular in the fishing sector. In its report the IOM expresses concern about the conditions under which migrant workers are hired to work in the Thai fishing industry, with labour recruitment processes that remain largely informal, mostly on the basis of verbal agreements, often leading to abuse and fostering human trafficking. In addition, the IOM draws attention to the fact that many fishermen are “sold” to fishing boat owners by brokers, having to work for long periods without receiving any wages in order to repay their debts. The IOM further notes that, despite the degrading working conditions, fishermen often have no alternative but being subject to them, since fishing boats tend to be offshore for long periods of time, preventing workers to leave or escape. According to the report, migrant fishermen, who are usually undocumented and unregistered, are often held on boats indefinitely, working and being forcibly transferred between fishing boats in case one boat needs to return to shore, under threats of being reported to immigration authorities.

While noting this information, and considering the seriousness of the facts abovementioned, the Committee recalls that, despite the Government’s efforts in preventing, combating and suppressing trafficking in persons, the uncertainty surrounding the legal status of migrant workers, in particular those employed in the fishing sector, put them in an extremely vulnerable situation. Such vulnerability could lead to abuse and practices likely to undermine the protection provided by the Convention. Moreover, the itinerant nature of this type of work and the long periods of time spent away from shore hampers the identification of migrant fishermen victims of trafficking and working under forced labour conditions.

The Committee therefore requests the Government to take effective measures to protect migrant workers, particularly those in the fishing industry, with a view to the complete elimination of the exaction of forced labour from this category of workers. It also requests the Government to take the necessary measures to further strengthen its law enforcement mechanisms, including measures to enforce anti-trafficking laws against those who target migrant fishermen and that such measures address the problems identified in the abovementioned reports. The Committee hopes that the Government will provide, in its next report, detailed information about the progress of such measures, including not only numbers of prosecutions and convictions, but the specific criminal penalties which have actually been imposed on employers of migrant fishermen convicted under the new Anti-Trafficking Act. Please also provide information on the application in practice of the above Prime Minister’s order of 2 June 2010, issued to set up a Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground (No. 125/1223). In this connection and bearing in mind the seriousness of the situation, the Committee requests the Government to provide information on the measures taken to prevent the exploitation of migrant workers and to ensure protection of their rights, regardless of their legal status.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. 
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 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.

Trafficking in persons for the purpose of exploitation – communication from an international workers’ organization. The Committee has 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 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.

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 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.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (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.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Prostitution and trafficking of women and children. The Committee 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 encourages the Government to pursue its efforts with vigour and to take effective action to implement the policies it adopts.

In its earlier comments, the Committee asked for information on the application of the Prevention and Suppression of Prostitution Act of 1996. It has noted with interest the information provided by the Government in its report concerning the activities of welfare protection and vocational development centres set up under the Act, including statistical information. The Committee has also noted a Memorandum of Understanding on Common Guidelines of Practices for Agencies Concerned with Cases where Women and Children are Victims of Human Trafficking B.E. 2542 (1999), according to which the Ministry of Social Development and Human Security is working in collaboration with other concerned agencies such as 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 home towns and by conducting recovery programmes which would enable them to reintegrate into society.

The Committee has noted serious concern expressed in the above Memorandum of Understanding that, at present, the trafficking in women and children is on the rise and that the gravity of the problem has very much increased since transnational organized criminal groups use Thailand as the place for gaining huge profit from trafficking in women and children. The Committee therefore requests the Government to supply, in its next report, detailed information on the application of the above Memorandum in practice, as well as the information on the practical application of the Measures in Prevention and Suppression of Trafficking in Women and Children Act of 1997. Please also continue to provide information on the progress in the implementation of the Mekong Delta project on trafficking of women and children, as well as other information on the development of cooperation with neighbouring countries in order to prevent and solve the problems of cross-border trafficking of women and children, and indicate the concrete results achieved.

Preventive measures. The Committee has noted with interest the detailed information provided by the Government concerning preventive programmes carried out by the Ministry of Education, in particular, with IPEC assistance, including the awareness-raising and training projects. The Committee has noted, in particular, the information on the progress in the implementation of the Se-Ma Life Development Project, initiated by the Ministry of Education to prevent high risk girls from poor families in five northern provinces of Thailand from falling into sex trade, which was able to help a large number of girls (59,895 during 1994-2001) by allocating funds for scholarships. It has also noted the Government’s indications concerning other preventive programmes carried out in cooperation with the Ministry of Public Health (nursing study) and UNICEF (working while studying), as well as basic education programmes. Finally, the Committee noted the information on measures taken by the Ministry of Social Development to increase employment opportunities for young women to enable them to live an independent life and to avoid a threat of becoming a victim of trafficking. The Committee encourages the Government to continue along this path and to take effective action to implement the above programmes and measures. It hopes that the Government will provide, in its future reports, detailed information on the efforts undertaken in this direction and on the results achieved.

Inspection and prosecutions. The Committee has noted the information provided in the Government’s report on the number of labour inspections during 2000 and expressed its concern about the small numbers of prosecutions and the lack of information on convictions in criminal cases. The Committee strongly expresses the hope that effective measures will soon be taken in this regard and that such information will be included in the next report, as required under Article 25 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee has noted the Government’s 2002 report, which was received too late to be examined at its previous session. It has also noted other available information relating to the implementation of the ILO’s International Programme on the Elimination of Child Labour (IPEC), with which the Government has been working for a number of years, and in particular the 2003 report on the project entitled "Reducing labour exploitation of children and women: Combating trafficking in the Greater Mekong Sub-Region". Finally, the Committee has noted with interest the ratification by Thailand of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee has repeatedly emphasized that forced labour exploitation of children, be it forced child labour, child prostitution, child pornography, whether in factories, sweatshops, brothels, private houses or elsewhere, is one of the worst forms of forced labour, which must be fought energetically and punished severely.

I.  Prostitution and trafficking of women and children

2. The Committee has noted with interest the positive steps taken by the Government, some of them in cooperation with 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 encourages the Government to pursue its efforts with vigour and to take effective action to implement the policies it adopts.

3. In its earlier comments, the Committee asked for information on the application of the Prevention and Suppression of Prostitution Act of 1996. It has noted with interest the information provided by the Government in its report concerning the activities of welfare protection and vocational development centres set up under the Act, including statistical information. The Committee has also noted a Memorandum of Understanding on Common Guidelines of Practices for Agencies Concerned with Cases where Women and Children are Victims of Human Trafficking B.E. 2542 (1999), according to which the Ministry of Social Development and Human Security is working in collaboration with other concerned agencies such as 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 home towns and by conducting recovery programmes which would enable them to reintegrate into society.

4. The Committee has noted serious concern expressed in the above Memorandum of Understanding that, at present, the trafficking in women and children is on the rise and that the gravity of the problem has very much increased since transnational organized criminal groups use Thailand as the place for gaining huge profit from trafficking in women and children. The Committee therefore requests the Government to supply, in its next report, detailed information on the application of the above Memorandum in practice, as well as the information on the practical application of the Measures in Prevention and Suppression of Trafficking in Women and Children Act of 1997. Please also continue to provide information on the progress in the implementation of the Mekong Delta project on trafficking of women and children, as well as other information on the development of cooperation with neighbouring countries in order to prevent and solve the problems of cross-border trafficking of women and children, and indicate the concrete results achieved.

5. Preventive measures. The Committee has noted with interest the detailed information provided by the Government concerning preventive programmes carried out by the Ministry of Education, in particular, with IPEC assistance, including the awareness-raising and training projects. The Committee has noted, in particular, the information on the progress in the implementation of the Se-Ma Life Development Project, initiated by the Ministry of Education to prevent high-risk girls from poor families in five northern provinces of Thailand from falling into sex trade, which was able to help a large number of girls (59,895 during 1994-2001) by allocating funds for scholarships. It has also noted the Government’s indications concerning other preventive programmes carried out in cooperation with the Ministry of Public Health (nursing study) and UNICEF (working while studying), as well as basic education programmes. Finally, the Committee noted the information on measures taken by the Ministry of Social Development to increase employment opportunities for young women to enable them to live an independent life and to avoid a threat of becoming a victim of trafficking. The Committee encourages the Government to continue along this path and to take effective action to implement the above programmes and measures. It hopes that the Government will provide, in its future reports, detailed information on the efforts undertaken in this direction and on the results achieved.

II.  Other forced child labour

6. In its earlier comments, the Committee repeatedly pointed out that many children continue to work under coercion or in conditions of exploitation which have no resemblance to a free employment relationship. The situation is often linked to forced or false recruitment, deception and trafficking. The Committee stressed the importance of concrete and effective action to deal with the problem of forced child labour exploitation, according to clearly formulated goals and well-defined strategies. It pointed to the necessity of adopting means, such as a comprehensive legal framework, of improving law enforcement, of stimulating community awareness, and of adopting a comprehensive rehabilitation programme.

7. The Committee previously referred to section 44 of the Labour Protection Act, 1998, which raised the minimum age for employment to 15 years, and requested the Government to indicate measures taken or contemplated to extend this protection to workers in the informal sector. The Government indicates in its report that the ministerial regulations with the provision on minimum age are being drafted by the Department of Labour Protection and Welfare, in order to extend the protection to workers in the agricultural sector. Besides, a draft home work Act submitted by the Department of Labour Protection and Welfare is under consideration by the Advisory Council for National Labour Development, Ministry of Labour. The Committee notes these indications with interest and hopes that the Government will keep the ILO informed of the developments and supply copies of these texts, as soon as they are adopted.

8. The Committee has noted the Government’s statement in the report that social and economic problems are a major factor contributing to the exploitation of child labour. In this connection, the Committee has noted the Ninth National Economic and Social Development Plan (2002-04) attached to the report, which, in the Government’s view, could serve as an instrument adjusting the social structure to eliminate the gap between the very poor and the wealthy. The Committee would appreciate it if the Government would continue to provide information on practical realization of development strategies of the Plan connected with the improvement of social protection of poor and disadvantaged groups, including, in particular, children in especially difficult circumstances. It also reiterates its request for information on practical effects of the 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", launched by the Employers’ Confederation of Thailand with the cooperation of IPEC.

III.  Law enforcement

9. Inspection and prosecutions. The Committee has noted the information provided in the Government’s report on the number of labour inspections during 2000 (33,671 inspected establishments and 2,028,022 inspected employees), which uncovered 4,236 under-age workers of 13-14 years old. The Government indicates that during the period between October 2000 and September 2001 there were 46 cases of grievances received by "hot line" and 22 cases of grievances received by letter, which resulted in the prosecution by labour officials of ten employers on charges of child exploitation and cause of occupational hazards to young workers; all employers were fined in total 29,000 baht and a total of 567,820 baht was claimed as benefit for the children involved. Labour officials also assisted the employees in lodging the grievance with inquiry officers in order to proceed criminal cases against employers on charges of forced prostitution (one case), bodily harm (four cases) and rape (one case). The Committee expresses its concern about the small numbers of prosecutions and the lack of information on convictions in criminal cases. The Government has not yet supplied reliable statistics of prosecutions and convictions related to child prostitution and forced child labour; the figure reported by the Royal Thai Police ("284,870 cases concerning the arrest of prostitution in 2001") does not shed light upon this matter. The Committee strongly expresses the hope that effective measures will soon be taken in this regard and that more precise information on them will be included in the next report.

10. Article 25 of the Convention. The Committee would appreciate it if the Government would supply in its next report information on any legal proceedings which have been instituted under the Penal Code Amendment Act (No. 14) B.E.2540 (1997), which has redefined sexual offences to include the procurement or trafficking of children for the purpose of sexual exploitation, indicating penalties imposed and supplying copies of relevant court decisions.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes with interest the detailed information communicated by the Government, as well as the comments on the report made by the Employers’ Confederation of Thailand which were communicated by the Government. Finally, the Committee has noted with interest the implementation reports for 1997-98 and 1998-99 of the ILO’s International Programme for the Elimination of Child Labour (IPEC), which is working actively in Thailand with the support of the Government and other constituents.

I.  Prostitution

2.  The Committee had asked in previous comments for detailed information on the application of the Prevention and Suppression of Prostitution Act of 1996. It notes from the report that the Department of Public Welfare has established a certain number of primary admittance centres and occupation development centres under the Act, and issued several decisions on how they are to work. The Government indicates that awareness-raising and other sensitization programmes have been put into place, and the groundwork laid for cooperation among various agencies. The Committee notes from the report that 59 victims of prostitution were admitted to these centres in April 2000.

3.  The Committee has noted this information with interest. It requests the Government to provide information in its next report on the activities of these centres over a longer period. It also requests the Government to indicate whether some of those taking advantage of the centres are children, and what proportion of those having resort to this process can be said to have been engaged in prostitution by force or constraint.

4.  The Committee also notes the initiation by IPEC of the Mekong Delta project on trafficking of women and children, covering six countries including Thailand, and other initiatives to prevent girls from moving into the sex trades. The IPEC report also refers to programmes to strengthen coordination at the provincial level to prevent child prostitution and cross-border trafficking, and to combat a tendency for children who are smuggled into Thailand to move into the sex trade. The Committee requests the Government to provide detailed information on the effects of these programmes and the degree to which they are being taken over by government services.

5.  Preventive measures.  The Committee also notes the information provided through IPEC concerning the initiatives which have been taken on this question. It notes in particular the awareness-raising and training projects carried out by IPEC in the north of the country, and hopes the Government will provide more information and data on these programmes and on the effect they are having. The Committee requests the Government to provide information on the preventive programmes being carried out by the Ministry of Education in particular, with IPEC assistance, which the Committee understands has been providing scholarships to a large number of girls (17,395 during 1997-99, according to information received from IPEC), with a view to giving them alternatives to the sex trade. Please indicate the current size of this programme, the number of girls benefiting from it at the time of the report, and the impact it has had.

6.  The Committee notes the comments of the Employers’ Confederation of Thailand on this issue, to the effect that the problem of child prostitution should be solved by adjusting the social structure to eliminate the gap between the very poor and the wealthy, and hopes the Government will continue to provide information in its future reports in this respect.

7.  Please indicate what measures are being taken to reduce demand for the sex trade affecting both adults and children. The Committee notes in this respect that measures taken in any one area to reduce the vulnerability of young people to recruitment for the sex trade, ultimately will have no overall effect if demand continues at high levels.

II.  Other forced child labour

8.  In its previous observation the Committee noted the adoption of the Labour Protection Act of 1998, section 44 of which raised the minimum age for employment to 15 years. It asked for information on whether this legislation applied to the informal sector, particularly the agricultural sector, domestic work and self-employed workers, and requested the Government to provide information on the practical application of the Act. The Committee notes from the Government’s report that the legislation does not apply to the informal sector. As concerns agriculture, the Government has stated that agriculture is governed by rural customs and its own traditions, and that there are not many in this sector with an employment relationship. For domestic workers, the Government has stated that, because these workers must stay in homes, it is difficult to establish regulations concerning their conditions of work, but they are covered by laws on sexual harassment, leave and equal remuneration. Finally, the Government has stated that self-employment cannot be covered. While noting the practical difficulty of applying legislation to these sectors, the Committee recalls that the Convention applies to them. It hopes the Government will indicate what measures it is taking or has contemplated to extend this protection to workers in the informal sector, and to prevent forced child labour also in situations where no employment relationship exists.

9.  The Employers’ Confederation of Thailand has referred in its observations to an action programme it has launched 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", with the cooperation of IPEC. The Committee welcomes this initiative and looks forward to learning more of its effects.

10.  In this connection as well, the Committee notes the information in the IPEC reports on its activities more generally. Information on severe forms of child labour is often associated with that of child prostitution, but the Committee hopes the Government will indicate in its next report the measures it is taking, in cooperation with IPEC and otherwise, to eliminate forced child labour throughout the country, also in areas other than the sex trade.

III.  Law enforcement

11.  Inspection.  In its previous observation the Committee noted the Police and Labour Inspection Cooperation Project, which the Government has indicated in its latest report was an ad hoc project carried out for one year only. It also referred to the Child Labour Visit Project, which was intended to help parents to locate children who had migrated to other parts of the country; and notes that through this project six children were located. The Committee also notes the information provided on the number of labour inspections during 1999, some of which uncovered under-age workers of 13 and 14 years old, resulting in warnings and a small number of prosecutions. In addition, the Government’s report has also provided information on activities of prevention, protection and awareness raising, intended in particular to prevent child labour. No information has been provided on inspections which may have discovered cases of forced labour, of adults or of children, which would fall within the coverage of the present Convention, and the Committee hopes the Government will provide information on any such cases. The Committee has also noted the protective measures listed in the report, particularly the child labour exploitation hotline which has resulted in inspections, warnings and prosecutions.

12.  Prosecutions.  The Committee had asked in its previous observation for information on prosecutions and sanctions imposed for illegal employment of children and prostitution under the applicable laws. The Government has provided figures for prosecutions under the Labour Protection Act of 1998 which resulted in fines being imposed on 30 persons; two persons being punished under the Prevention and Suppression of Prostitution Act of 1996 for offences related to child prostitution and 488 for other offences related to child labour; and a number of cases prosecuted by the Office of the Attorney-General but without being able to indicate which may have concerned child labour and child prostitution. The Ministry of Justice has also reported 235 cases prosecuted in 1998 and 376 in 1999, most resulting in punishment by fines. The Committee appreciates the effort made to provide these figures, but finds it difficult to arrive at a precise idea of how many persons were prosecuted and found guilty of offences involving child prostitution and forced child labour. It encourages the Government to continue gathering information and refining its statistical tools in this regard, and to provide further data in its next report.

13.  In this connection, the Committee recalled in its previous comment that Article 25 of the Convention calls for the illegal exaction of forced or compulsory labour to be punishable as a penal offence, and that the penalties imposed by law should be really adequate and strictly enforced. The Government has replied that the use of fines has been deemed most appropriate in minor cases which were not related to bodily harm, abuse, detention, confinement and torture against child workers. The fines were considered adequate if compared to national average income, and the number of violations registered for child labour had decreased compared to the previous period, while the number of prosecutions for prostitution had increased significantly. The Committee urges the Government to keep this aspect of its enforcement measures under close review, in the light of the Convention’s requirements.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's report. It notes that positive developments have been reported and encourages the Government to continue its efforts to eliminate the problems of child labour and to provide detailed information in its reports on the Convention on further measures taken and practical achievements. The Committee notes with interest that a new Constitution has been adopted in 1997, which provides for the prohibition of forced labour and that the Labour Protection Act of 1998, which came into force in August 1998, prohibits the employment of children under 15 years of age. It would be grateful if the Government would provide information on the following matters, in order to show how the problem of the abolition of forced or compulsory labour has been addressed in conformity with Articles 1(1) and 2(1) of the Convention.

I. Child prostitution

2. Further to its previous observation, the Committee notes the information provided by the Government. The Committee further notes that, under the Prevention and Suppression of Prostitution Act of 1996, Committees on Protection and Occupational Development have been established at the central and provincial levels. A specific action plan has been prepared by the Committee at the central level. It notes that a Special Task Force on Commercial Sex Business Prevention and Suppression was set up in May 1998 and also that inspections have been conducted in entertainment premises. The Committee asks the Government to provide detailed information on the application of the Act. It also asks the Government to provide information on the practical actions taken by the Committees for Protection and Vocational Development, at the central as well as the provincial levels and on the action plan prepared by the central committee, and on the results of the inspections conducted in entertainment premises.

3. The Committee notes from the Government's report that regulations related to the Act have been issued and that a ministerial regulation for the setting up of temporary shelters and protection and occupational centres was under consideration by the Council of State. It asks the Government to provide detailed information on the regulations made under the Act and on their practical application.

II. Child labour

4. The Committee notes with interest that the Labour Protection Act of 1998, in section 44, has raised the minimum age of employment to 15 years, in the light of Convention No. 138. It also notes that violation of that provision is sanctioned by imprisonment or a fine or both. The Committee would ask the Government to indicate if these provisions also apply to the informal sector, particularly the agricultural sector, domestic work and self- employed workers, and to give information on the practical application of the Act.

III. Law enforcement

5. Inspection. The Committee notes the information provided by the Government on inspections, particularly as regards child labour. It notes from the Government's report that the Ministry of Labour and Social Welfare, through the Department of Labour Protection and Welfare, has focused on small-scale undertakings of fewer than 50 employees, such as garment industries, leatherwear, gem polishing and cutting, ornament making, car repair service stations and restaurants. It further notes that under the Police and Labour Inspection Cooperation Project, started in February 1997, child labour at night, in hidden places or in particular work has been under scrutiny; and that a Child Labour Visit Project has been started in October 1996, whereby parents can find out how their children who have migrated to other parts of the country are living and working. The Committee asks the Government to continue giving detailed information in its next report on the establishments and undertakings inspected, the number of offences found and the number of offenders punished. It also asks it to provide information on the results of inspections carried out in small-scale enterprises by the Department of Labour Protection and Welfare, particularly in garment industries, leatherwear, gem polishing and cutting, ornament making, car repair service stations and restaurants. The Government is also asked to provide information on the inspections carried out under the Police and Labour Inspection Project.

6. Prosecutions. Further to its request in the previous observation, the Committee notes the information provided by the Government on the prosecutions carried out in 1997. The Government is asked to continue to provide precise information on prosecutions and sanctions imposed, on the one hand, for illegal employment of children and, on the other hand, for prostitution and similar situations, under the Prevention and Suppression of Prostitution Act of 1996, under the Labour Protection Act of 1998 as well as any criminal law applicable.

IV. Article 25 of the Convention

7. The Committee notes that the Constitution prohibits forced labour in article 51. The Committee also notes from the Government's report that, in a number of cases of protection under the law, fines instead of other sanctions have been imposed on offenders, and that there is a possibility to impose fines in lieu of prosecution in order to settle cases practically and rapidly. The Committee recalls that the Convention requires that the illegal exaction of forced or compulsory labour should be punishable as a penal offence and that the penalties imposed by law should be really adequate and strictly enforced. The Committee would ask the Government to indicate in its next report what measures it has taken to fulfil the requirement of Article 25 of the Convention. The Committee would also ask the Government to continue to provide detailed information on the prosecutions carried out, their numbers, the number of offenders and the sanctions applied, particularly in cases of child labour, prostitution and other related activities and other cases of child exploitation.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's 1996 report, which was received too late to be examined at its previous session. It also notes other available information relating to the implementation of the ILO's International Programme on the Elimination of Child Labour (IPEC), with which the Government has been working for several years and with which it has recently renewed its Memorandum of Understanding.

The Committee's previous comments have focused on the problems of the exploitation of forced child labour, in the form of child pornography and prostitution, as well as in factories, sweatshops and other workplaces. They have discussed the attendant problems of labour inspection, enforcement of criminal and labour legislation, and the adequacy of sanctions applied against employers for infringement of the legislation, as well as the need for an expanded educational system. The Committee has repeatedly emphasized that forced child labour is one of the worst forms of forced labour, and that it must be fought energetically and punished severely. It has stressed the importance of concrete and effective action to deal with this problem, which is of very large proportion in Thailand.

Legislation and policy

The Committee notes with interest the positive steps taken by the Government, some of them in cooperation with IPEC and with other international institutions, to adopt legislation and to put into place a coherent national policy framework for dealing with the question. While few concrete results are yet visible, it encourages the Government to continue along this path and to take effective action to implement the policies it adopts. A number of questions arise from the information available.

The Committee welcomes the adoption in late 1996, after the report was received, of the Prostitution Prevention and Suppression Act. This Act stipulates punishment for those who procure or deceive a person to commit prostitution inside or outside the Kingdom with more severe penalties when the offence concerns persons under 15 years, or over the age of 15 but not over the age of 18 years (section 9). Parents or guardians who know or should have known that their ward is procured for prostitution are subject to penalties (section 10), and measures are provided to revoke guardianship for anyone who conspires to make a young person subject to prostitution (section 13). The Committee notes that a Committee for Protection and Vocational Development is to be set up at the central and provincial levels to enforce the Act, and that this Committee has taken various steps to coordinate various agencies including the police, prosecutors, courts and public welfare officials. The Government has also taken steps to make this legislation known to the public.

The Committee requests the Government to provide detailed information in its next report on the practical steps taken to apply each of the provisions of this legislation (as this clearly involves forced prostitution of children), and to indicate the concrete results achieved including the number of prosecutions and the sanctions imposed.

The Committee notes that the Government has also provided information concerning the proposed Labour Protection Bill which would raise the general age of admission to employment or work beyond the present 13 years. Noting that this Bill has not yet been adopted, the Committee would be grateful if the Government would indicate in its next report what progress has been made in this connection.

The Committee also notes that the Eighth National Economic and Social Development Plan of Thailand (1997-2001) covers the situation of children in especially difficult circumstances and mentions 12 indicators of development and improvement. These include several points relevant to the Convention, including the need to increase penalties on those abusing child labour.

Enforcement of laws

(a) Inspection.The Committee has noted frequently the need for the labour inspectorate and the police to enforce legislation against compulsory child labour. It notes that IPEC has been providing assistance for the training of labour inspectors and police officers as concerns forced child labour. According to the information in the report, during 1995 inspections were carried out in 49,623 of the total 291,931 enterprises in the country, of which 373 were found guilty of employing child labour. This covered 2,264,364 persons, of whom 12 were below 13 years old, 1,322 were between 13 and 15 years, and 5,252 were between 15 and 18 years old. This shows an increase of some 14,000 inspections over the previous period, but a decrease of 95 per cent of the number of children under 13 years discovered working compared with the previous period.

The Government has not provided the information requested by the Committee in its previous observation on the kinds of establishments inspected. There is still no indication of the number and kinds of cases handled by the police (who can deal with cases outside the legal mandate of the labour inspectorate), and the Government restricts itself in this regard to noting that the Crime Suppression Division has established a Coordinating Centre for the Prevention and Suppression of Child Prostitution and Child Labour. The Committee requests the Government to supply this information in its next report. It must also point out that all available information indicates that the amount of forced child labour in undertakings subject either to labour inspection or to police action remains very large, and asks the Government to indicate the measures it may have taken to target those undertakings where forced child labour is most likely to appear.

The Committee recalls that it had suggested in earlier comments that the Government consider assigning women police officers to investigations involving women and children. It welcomes the statement in the report that this has now been done under Police Department Order No. 514/2537 of 13 May 1994.

(b) Prosecution.The Committee has previously expressed serious concern about the lack of information on prosecutions, convictions and sanctions related to child labour. In its report the Government indicates the global number of prosecutions in cases involving children under 18, but in the more detailed statistics provided it is clear that no prosecutions were undertaken during the only period covered (July-October 1995) involving any offence for child prostitution or pornography, or other child labour exploitation. Recalling that the Government's own figures put the number of child prostitutes at between 20,000 and 40,000, though many estimates are higher, the Committee expresses strongly the hope that effective measures will be taken in this regard and that information on them will be included in the next report.

(c) Penalties.The Committee has previously expressed concern also that the penalties laid down in law for various violations of the national legislation under the Convention, and the way they are applied, did not appear to be in conformity with the Convention's requirement under Article 25 that the illegal exaction of forced or compulsory labour be punished as a penal offence, and that penalties be adequate and strictly enforced. The Committee notes the Government's indication in its report that various penalties have been reinforced, as well as its explanations of the way in which they may be applied.

As concerns the power to impose fines in lieu of prosecution, the Committee notes the Government's explanations that this power is used in child labour cases to speed up the handling of cases and to provide some monetary compensation for the victims. There is no indication in the report of the manner and frequency with which this power is used, its deterrent effect or the amount of compensation paid to victims, and the Committee requests the Government to provide information in this respect in its next report. It reiterates its concern about the conformity of this use of monetary penalties with the requirement for penal sanctions.

More generally, the Committee expresses concern that, regardless of the theoretical kind and level of penalties provided for in the law, there is little indication in the report of their actually being used to deter and punish forced child labour.

Preventive measures

(a) Community awareness raising.The Government has provided a good deal of information on the efforts undertaken to warn children and communities to beware of attempts to deceive and abduct children for forced labour, and to publicize agencies which provide assistance, especially in the north-eastern region of the country. It has also indicated measures to coordinate action among various governmental entities, and between them and the non-governmental community working on this problem, including trade unions. The Committee notes that much of this work has been conducted in cooperation with IPEC, and encourages the Government to continue along this path and to provide information on the efforts undertaken.

(b) Education. The Committee notes that the objective of the Government remains to extend compulsory education to nine years from its present level of six years, in order to eliminate one of the primary contributing factors to child labour, including forced child labour. It also notes various steps taken to increase the availability of educational facilities beyond the compulsory level, including setting up institutions and providing scholarships. The Committee encourages the Government to proceed as quickly as possible along this path. In the meantime, it would appreciate the Government furnishing in its next report an indication of the number and proportion of children actually in school at different ages, and of the progress achieved in increasing this number over several years.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Further to the discussion that took place in the Conference Committee in 1994, the Committee notes the information provided by the Government in its report.

Previous comments of the Committee have focused on the problems of forced child labour exploitation, labour inspection, enforcement of criminal and labour legislation by the police, and the adequacy of sanctions taken against employers for infringement of child protection legislation.

The Committee noted that many children continue to work under coercion or in conditions of exploitation which have no resemblance to a free employment relationship. The situation is often linked to forced or false recruitment, deception and trafficking. Children are exploited because they are young and helpless, they are deprived of the right to lead a normal childhood, deprived of education, deprived of a future.

The Committee has emphasized that forced labour exploitation of children, be it forced child labour, child prostitution, child pornography, be it in factories, sweatshops, brothels, private houses or elsewhere, is one of the worst forms of forced labour, which must be fought energetically and punished severely.

In its latest comments the Committee took note of the report by a direct contacts mission which, at the request of the Government of Thailand, visited the country in September 1993. The Committee noted that Thailand had witnessed a tremendous national growth rate over recent years, emerging as a newly industrialized country, but that large pockets of poverty and profound disparities remained or had widened between rich and poor. The Committee stressed that while poverty was one of the contributing factors to child labour, it cannot be taken as an excuse for perpetuating child labour, or even less so for forced labour exploitation of children.

The Committee stressed the importance of concrete and effective action to deal with the problem of forced child labour exploitation, according to clearly fomulated goals and well-defined strategies. It pointed to the necessity of adopting means, such as a comprehensive legal framework, of improving law enforcement (requiring essentially the political will to provide the necessary means for effective action), of stimulating community awareness, and of adopting a comprehensive rehabilitation programme. The Committee stressed in particular the necessity to translate into reality the Government's stated policy to extend compulsory education from grade 6 to 9, and in the immediate future to grade 7, which would mean that children would leave the education system at the age of 13, corresponding to the present minimum age for admission to employment.

In its latest report, as well as in its statement to the Conference Committee, the Government has referred in particular to a number of initiatives taken or envisaged in relation to law enforcement, education and awareness-raising. It also stated that the existence of children working under conditions of exploitation in Thailand could not be denied.

Enforcement

(a) Inspection

The Committee has previously noted that although laws exist in Thailand for the protection of children, these laws are of no value unless they are properly enforced through the labour inspectorate and the police. The Committee notes from the report provided by the Government for the period ending 30 June 1994, that labour inspection was carried out in 35,738 establishments with 2,486,929 employees throughout the kingdom. Of the total number of employees, 29,552 were employed children of whom 438 were under 13 years old, 3,406 were children aged 13-15 years and the remaining 25,708 were children aged 15-18 years. It was found that there were 436 establishments violating the labour protection law on working hours and holiday work, with 192 establishments employing children between 13-15 years old and 244 establishments employing children 15-18 years old.

No information is provided as to the kinds of establishments investigated by the labour inspection, whether small enterprises, factories, restaurants, hotels, brothels, etc., and there is no indication of the number and kind of cases handled by the police, particularly the Crime Suppression Division.

The Committee hopes that the Government will provide statistical information not only as to the number of inspections conducted by the labour inspectorate, but also by category of establishment inspected, action taken against offenders, and the role of the local police and the Crime Suppression Division. With over 35,000 establishments inspected and only 438 violations of children under 13 years old working, the question arises whether inspection was carried out where it was most needed.

The Committee has previously suggested that women police officers could be assigned to active duty investigation of cases involving women and children. The Committee hopes that the Government will also communicate its position on this point.

(b) Prosecution

The Committee notes with concern that there is no mention in the Government's report of prosecutions, convictions or sanctions taken in the 438 cases cited of children under 13 working.

The Committee refers to information provided to the 1993 direct contacts mission by the Commander of the Crime Suppression Division that only five cases of forced child labour had been prosecuted and that due to the length of time and expense of litigation, cases were often settled by negotiation.

The Government mentioned in a Note "Solving Thailand's Child Labour Problems" (1993) that 58 employers were prosecuted for unfair practices and exploitation of child labour; two were punished by imprisonment and fines totalling Bahts 134,300.

These very low figures from 1993 confirm the impression of the direct contacts mission that serious problems of coordination exist in the overall labour inspection mechanism, both internally and in liaison with the police authorities.

The Committee hopes that the Government will provide the most recent figures available concerning prosecutions according to category of violation, convictions and sentences.

(c) Penalties imposed

The Committee notes the information in the Government's report concerning the Penal Code Amendment Act (No. 13) B.E. 2537 (1994) enacted 11 June 1994, the draft Labour Protection Act, and the amendments to the Prostitution Suppression Act of 1960.

(i) It is noted that the Penal Code Amendment Act imposes significantly increased penalties for those found guilty of "detaining, confining or depriving of the liberty of children not over 15 years of age, or if such offence results in their bodily or mental harm or death". The Committee notes with concern, however, that this protection is limited to children "not over 15 years old". It hopes that the Government will supply information on action taken or envisaged to ensure adequate punishment for the same offences when committed against persons over 15 years of age.

(ii) The Committee notes from the Government's report that the Prostitute Suppression Act of 1960 is being amended and is now in the stage of Cabinet consideration. The Government indicates that the amended text will increase "the degree of punishment for pimps, owners, caretakers or managers of brothels, controllers of prostitutes in brothels or persons holding back, detaining or committing offences, to prevent another person's physical freedom and force them into prostitution"; and that it will provide for the punishment of customers of child prostitutes. The Committee hopes that the Government will supply a copy of the revised text.

(iii) The Committee has noted the draft amendment to the Labour Protection Act which, the Government indicates, would reduce working hours for children aged 13 to 15 years in industrial work from 48 hours per week, and in commercial work from 54 hours per week, to 36 hours per week or six hours per day.

The Committee notes certain difficulties concerning the enforcement of this legislation in particular the adequacy of penalties for serious offences.

The Committee understands that section 41 of the Labour Protection Act prohibits the employment of children under 13 years of age in any activity and section 46(4) prohibits the employment of children under 18 years of age in brothels. Yet, the penalties for violation of these laws, under sections 133 and 128, paragraph 2, respectively, are limited to a fine and/or a maximum one-year prison sentence for the employer in the most serious cases (physical or psychological harm to or death of the child).

The Committee considers that the choice between a fine and a prison sentence of not more than a year would not appear adequate for the purposes of ensuring observance of Article 25 of the Convention.

The Committee moreover notes that, under section 139 of the Act ("equivalence"), on the decision of high-ranking municipal or provincial officials, cases sub judice can be removed from the courts and dealt with summarily through the payment of fines.

This is not compatible with the Government's Article 25 obligations under the Convention which requires the illegal exaction of forced or compulsory labour to be punished as a penal offence with adequate penalties, imposed by law, and strictly enforced.

The Committee hopes that the necessary action will be taken to introduce adequate sanctions for the illegal exaction of forced labour in general, and in particular, sections 41 and 46(4) of the Act, either through the amendment of sections 128 and 133 or otherwise, and to ensure that cases involving forced labour cannot be removed from the courts under section 139 of the Act ("equivalency").

Finally, the Committee notes that according to the Labour Protection Act, section 3(2), the Act would prevail in the case of a conflict of laws. In view of the above-mentioned inadequacies of punishment under the Labour Protection Act, the Committee hopes that the Government will supply information on measures taken or envisaged to ensure that prosecution under the Labour Protection Act will not prevent concurrent punishment of offenders under the Penal Code and the Prostitution Suppression Act.

Community awareness-raising

The Committee notes the information on efforts undertaken, especially in the north-eastern border region, to warn children in particular and the public in general of the dangers of deceptive recruiting practices, including kidnapping, and indicating the appropriate agencies to contact for help. Moreover, it is noted in the Government's report that volunteers from the community élite (teachers, village headmen, priests) cooperate with the Centre for Women and Child Labour Operations to crack down on the exploitation of women and children. The Committee hopes that the Government will continue to provide information in this regard.

Preventive measures: Education

For a number of years the Government has spoken of attacking the problem of child labour in all its forms by increasing compulsory education to grade 9/age 15. Presently, the minimum age for child employment is 13, but compulsory schooling finishes at grade 6 when children are normally age 12. The Committee recalls the statement by the Prime Minister to the Eleventh Asian Regional Conference (November 1991) in which he expressed his firm conviction that the place for a child was in school and not in a factory; that it was not sufficient to wait for economic restructuring to redress the exploitation of child labour, and that he was determined to do away with child labour and safeguard the future of the underprivileged children in the country.

The Committee hopes that the Government will provide details as to the concrete measures taken to implement this policy, which is to be the first step in eradicating the scourge of child labour and other forms of forced labour exploitation of children.

Child sexual exploitation

In its previous comments the Committee referred to certain statistical data concerning the number of children exploited through prostitution (estimates from 86,000 to 800,000). The Committee notes the Government's indication to the Conference Committee that the latest estimates amount to some 20,000 to 30,000 children in prostitution. The Committee recalls that the Ministry of Health, Division of Venereal Diseases Control, reported in 1990 that child prostitutes numbered 86,000 and that data from the Police Department showed that around 160,000 prostitutes would be under 16. Given the number of children trafficked from neighbouring countries, it is unlikely that these figures would have decreased since 1990. The Committee considers that swift and severe action is required to rescue these children trapped in prostitution.

The Committee further notes the discussion in the Conference Committee that Thailand cannot eradicate the problem of child prostitution alone, particularly when there is an international sex tourism industry. An important measure would be to prosecute travel agencies that organize tours to take advantage of child prostitution. Moreover, as noted previously, with the increase of AIDS worldwide, the demand for younger child prostitutes who are less likely to be infected is increasing. The conditions for delivering visas, particularly to groups, must be scrutinized. It was also noted in the discussions that it is the responsibility of the international community to prosecute its citizens, to the fullest extent possible under national legislation, when their acts abroad constitute crimes in their home country.

While noting the measures that have been taken, in particular the creation of a Ministry of Labour and Social Welfare in September 1993, and the desire expressed by the Government during the direct contacts mission in 1993 to solve these serious human problems, the Committee considers that now is the time to take concrete steps toward implementing these declarations, so that children are in school and not exploited. The Committee notes with concern the low level of enforcement of existing labour and criminal legislation designed to protect the most vulnerable. The Committee hopes that the Government will review both existing and draft legislation in light of the Convention, with special attention to ensuring, in conformity with Article 25 of the Convention, that the exploitation of forced labour is punished as a penal offence, that the penalties imposed are really adequate and that they are strictly enforced.

The Government is requested to report in detail in 1996 on the points raised in these comments, with particular regard to law enforcement, inspection, prosecution and conviction of offenders, sentencing, the adequacy of penal sanctions, and increasing the age for compulsory education.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Referring also to its observation under the Convention, the Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session, and that it will contain full information on the following points:

1. The Committee notes that under current legislation children aged 13 and over can be employed (minimum age: 13); however, they are excluded from membership (minimum age: 15) and participation in the Board of a Trade Union (minimum age: 20). The Commitee considers that children who are considered as adult enough to work, should also be considered as adult enough to become members of trade unions. The Committee requests the Government to provide information on any discussions with trade unions to this effect and on any measures envisaged or adopted.

2. The Committee notes from the report by the direct contacts mission that many children work excessive hours and that overtime work is usual in addition to the already long working time.

The Committee would appreciate receiving information on any steps taken with a view to guaranteeing that overtime work is voluntary and to limiting the number of hours which a child can be asked to work.

3. The Committee notes that a study on subcontracting is being prepared with the financial support of UNDP.

The Committee requests the Government to provide a copy of that study when finalized.

4. In its previous comments the Committee referred to section 39 of the Local Administration Act, BE 2457 (1914), under which a Kamnan is empowered to requisition persons for compulsory service as guides, porters, etc., and which is therefore not in conformity with the Convention. The Government indicated in 1978 that the legislation in question had no practical application and action had been initiated to repeal and revise it.

The Committee hopes that the Government will provide information on any steps taken to repeal the provision in question which, according to the Government, is no longer applied in practice.

5. In its previous comments the Committee also referred to sections 60, 96, 115, 117 and 118 of the Local Administrative Act under which labour may be called upon, inter alia, for constructing dams, repairing canals and maintaining ways of communication by land or water. The Government has previously referred to emergency work executed after a natural calamity and has indicated that compulsory rehabilitation services are provided in case of emergencies according to the requirements of each situation.

The Committee noted however that the scope of the above-mentioned sections of the Local Administration Act was not limited to emergency work. The Committee referred to paragraphs 36 and 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour where it stated that the concept of emergency involved a "sudden, unforeseen happening" calling for instant counter-measures; the duration and extent of compulsory service as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation.

The Committee would again request the Government to provide information on measures taken or envisaged to clearly lay down in the legislation that the power to call up labour is limited to what is strictly required in order to cope with circumstances endangering the existence or well-being of the whole or part of the population. The Committee hopes that the Government will provide information on any steps envisaged or taken in this regard.

6. The Committee noted in previous comments that under article 56 of the Constitution it is usual for the armed forces to be involved in community development works of construction, irrigation, clearing canals and digging wells to help people occasionally and in cooperation with local people in rural areas and that these works are done voluntarily.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention, under which only military service limited to work of a purely military character is not included in the scope of the Convention.

Since article 56 of the Constitution provides for the use of the armed forces for development purposes, the Committee again requests the Government to supply more detailed information on the composition and activities of the development division of the armed forces.

7. Referring to its previous comments, the Committee again expresses the hope that the Government will provide a copy of the provisions governing resignation by members of the armed forces.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. The Committee has, however, noted the discussion which took place in the Conference Committee in 1992 on the application of the Convention as well as the report of the direct contacts mission which, at the request of the Government of Thailand, visited the country from 4 to 11 September 1993.

In previous comments the Committee noted allegations brought before the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities that children were bought and sold in Thailand for work in private houses, restaurants, factories and brothels, that shops had specialized in the sale of children and young people, that child catchers and recruiters were operating in the country and that, although laws for the protection of children existed, there was a lack of enforcement by police. Having noted the information provided by the Government on the inspections carried out and on action taken against employers for infringements relating to children, it appeared to the Committee that the measures were somewhat limited in scope and that the sanctions applied were not commensurate to the physical and moral harm incurred by the children.

In 1992, the Committee noted the statement by the Prime Minister to the Eleventh Asian Regional Conference (November 1991) in which he expressed his firm conviction that the place for a child was in school and not in a factory; that it was not sufficient to wait for economic restructuring to redress the exploitation of child labour, and that he was determined to do away with child labour and safeguard the future of the underprivileged children in the country. The Committee noted the indications by the Government on measures adopted or contemplated concerning the revision and enforcement of laws, prevention and awareness-raising, extension of primary education. It requested the Government to provide specific information on a number of points including legislative measures, inspection and police action, complaints, prosecutions and sanctions and rehabilitation programmes. The Committee emphasized that forced labour exploitation of children, be it in forced child labour, child prostitution, child pornography, be it in factories, sweatshops, brothels, private houses or elsewhere is one of the worst forms of forced labour, which must be fought energetically and punished severely.

The Committee notes the information contained in the report by the direct contacts mission in relation to the application of the Convention. The Committee notes that in 1988 the Government adopted a decision concerning "Policy and measures to solve problems on the exploitation of child labour"; in November 1992, the Government adopted a "Resolution on measures to solve problems of exploitation of child labour". In 1990 the minimum age for admission to employment was increased from 12 to 13 years; however, compulsory schooling finishes at grade 6 when children are normally aged 12. According to official statistical data 4 million children are employed; among these, 0.6 million are 13 to 14 years old. The Committee notes however from information gathered by the direct contacts mission that illegal shops exist by thousands. It is precisely among the working children not included in the statistics (in particular those under 13) who are illegally recruited and who work in illegal establishments that forced labour exploitation will be most prevalent.

Recruitment

The Committee notes from the report by the direct contacts mission that the recruitment of children by force and deception for work in factories, sweatshops or brothels continues in Bangkok, notably around the central railway and bus stations, as well as in the provinces, in particular the north and the north-east and across borders. Reference is made to deception by false promises as regards wages and other living and working conditions and to kidnapping. Non-governmental organizations like the Women Lawyers' Association, which is active at the central railway station to protect children, have to be extremely vigilant to outwit the recruiters.

The Committee also notes that the direct contacts mission was informed of practices of recruitment through intermediaries for the sugar cane plantations, concentrated in the province of Kanchanaburi. Recruiters gather people from the north-east, including children, convey them to the working areas in overcrowded trucks; they lend the workers money so as to entrap them in bondage for the following year. The Committee requests the Government to provide information on measures taken or envisaged to protect these workers from forced labour.

Exploitation of child workers

The Committee notes that the authorities provided the direct contacts mission with a copy of the first systematic and official research, conducted by the National Youth Bureau, Office of the Prime Minister, into child labour in the manufacturing industries to study the working conditions, welfare and development of working children and the compliance of employers with labour protection laws. This study noted, inter alia, violations of the law by limitation of personal rights, stating in particular that "most of the children lack the opportunity to go home for a visit, or even to get in touch with their family; some of the children to whom advance payment had been made were not allowed to go outside the workplace ... Many children staying with the employer were found to be confined, scolded and physically and psychologically assaulted". While this study was conducted in 1986, the Committee notes that the direct contacts mission was informed that these practices continue to exist, as was confirmed by evidence given in particular by one rescued boy; he had been kidnapped at the railway station, was forced with other children to work extremely long hours, was beaten and not allowed to go out or look through the window. The factory in question, like many illegal factories, was composed of two adjoining sweatshops with all their windows sealed and the only corridor barricaded. The Crime Suppression Division of the police that raided the factory had to scale the fence to get into the building.

In a note provided by the Department of Labour Protection and Welfare to the mission entitled "Solving Thailand's child labour problems" the Government states that "For lack of jobs in their home provinces, child jobseekers have moved from rural areas to Bangkok and nearby provinces. That is why they are cheated and exploited. Many cases of illegal child employment show that children are overworked, lack appropriate rest periods and are involved in hazardous work. The neglect of their employers or supervisors, as well as the poor conditions, affect the child workers' health and growth".

The phenomenon of subcontracting, which is widespread, contributes to the exploitation of children notably by diluting responsibilities (the employer who gives work to a subcontractor does not control recruitment procedures, wages and conditions of employment of the people recruited by the subcontractor) and by preventing unionization.

Law enforcement

The Committee notes that the weakness of the law enforcement machinery was stressed by several groups and individuals; some increased law enforcement in relation to the exploitation of children through prostitution had, however, been noticed over the last months.

The mission was informed that the labour inspectorate was understaffed and underequipped and that in one of the industrial areas around Bangkok there were ten inspectors for 6,000 to 7,000 factories.

In documentation provided to the mission the Government indicated that during the period 1 October 1992 to 31 July 1993, the Department of Labour Protection and Welfare inspected 28,281 enterprises and found 4,550 enterprises employing children; 17,987 child workers passed inspection. These global figures do not provide specific information on inspection of places of work suspected of using forced child labour.

The Government has indicated that the Ministry of the Interior has appointed and authorized officers in the Ministry and of other organizations concerned to inspect enterprises in order to speed up child labour inspection. The Committee notes that this statement appears to relate to the "Role of the Ministry of the Interior governing the inspection of places of business operation and institution of criminal proceedings against offenders" (Government Gazette, 26 January 1993). Competent officials of the Labour Protection and Welfare Department can inspect places of business, so as to give advice and warnings to employers on the matter of compliance with the law and inspect and follow-up on results of the cases where employers are still not complying with the law. If it is discovered that children between 13 and 15 are working without authorization, the competent official advises the employer to submit an application for permission to employ the child and consideration of issuing the permit will be within the authority of the competent official.

In relation to the police, documents submitted in 1982 to the United Nations referred to corruption of local police who should normally know where children are illegally employed. It was stated that raids on factories and brothels were carried out by a special police force, the Crime Suppression Division reacting to information received from members of the public, human rights organizations or escaped children.

The Committee notes from the direct contacts mission that the situation in this regard has hardly evolved: corruption persists; there is little interest in investigative work, because it is hard and has insufficient "extra" income. Women police are few in number and do mainly office work. It was mentioned to the direct contacts mission that training of law enforcement personnel was insufficient. The Government has mentioned a meeting organized for governors, commanders of provincial police offices and provincial chiefs of labour protection and welfare to emphasize the implementation of policy and measures on child labour as well as its intention to train more than 2,500 labour inspectors.

In relation to prosecutions and judicial decisions, the Committee notes that the mission was informed by police authorities that there had been five prosecutions; this relatively small number was linked to the fact that cases are often settled by negotiation, victims being discouraged to engage in lengthy proceedings. The boy rescued in November 1991 told the mission that since this date the owner of the factory was in prison and his partner free on bail and court proceedings were pending. On the other hand the Government mentioned in its aforementioned note that 58 employers had been prosecuted for unfair labour practices and exploitation of child labour; two were punished by imprisonment and fines amounted to 134,300 bahts. It also indicated that the Ministry of the Interior had announced instant prosecution for employers who imprison, confine and abuse children.

The Committee notes that the aforementioned rule of the Ministry of the Interior provides that in the case in which a competent official is of the opinion that criminal proceedings should be instituted, action shall be taken as follows: labour cases are dealt with by the Committee's procedures for compounding offences, or legal action will be instituted in accordance with the Criminal Procedure Code (if the offence is not compounded because of the opposition of the violator, the aggrieved party or the Committee); in the case where criminal action is instituted for the reason that a child has been detained, incarcerated or tortured, if it is discovered that the employer has also committed a labour offence connected with the use of child labour, the Department of Police and the competent officials collaborate to take proceedings under the Criminal Code.

Among other control measures the Government has mentioned the registration of child labour working out of district areas and the establishment of committees and working groups to protect child labour. The hot-line which was established by the Government in 1991 is well known to the public and an appreciable number of cases of child abuse have been reported.

Rehabilitation

The Committee notes that the Government provides shelter, food and clothes to rescued children as an urgent measure, as well as family assistance in cash (vocational capital) and kind (educational supplies). Officials have mentioned to the direct contacts mission that help had been provided to 112 rescued children. The Committee notes however that according to official and NGOs' critics, there exists no effective programme of rehabilitation, as such programme should encompass all aspects of childrens' rehabilitation.

Community awareness-raising and mobilization

The Committee notes from the direct contacts mission report that many of the persons interviewed stressed the importance of community awareness-raising and mobilization in preventing child exploitation and detecting exploiters with a view to their punishment ("community watch").

It was stated that radio and television programmes are devoted to educational and developmental news; village loudspeaker systems or village radios throughout the country repeat messages relevant to overall welfare and development of villages. It was felt that the authorities should empower the community by means of incentives and facilities to intervene on behalf of children through non-governmental organizations, community leaders and the mass media. The necessity of mobilizing parliamentarians, mayors and the military as well as the Buddhist church community was stressed.

The Committee notes that for its part the Government referred to the following measures: to set up a campaign to prevent child labour exploitation and unfair practices through the mass media, including dissemination of posters in communities and issuing stamps (measures which have, according to the Government, been implemented in 60 provinces); to disseminate around 100,000 booklets and pamphlets concerning child labour to local leaders, students, and the general public; to organize 214 meetings for almost 10,000 employers, in Bangkok and in rural areas.

Legislative initiatives

The Committe notes that the direct contacts mission was informed of certain legislative initiatives:

- an amendment to the Criminal Code providing for increased penalties against those found guilty of imprisoning and forcing children to work, endangering their body or mind, causing their death, has passed the first reading in Parliament (three readings are required for the adoption of the amendment);

- the Ministry of the Interior has proposed an amendment to the Labour Protection Law which would reduce working hours for children aged 13 to 15 years in industrial work from 48 hours per week, and in commercial work from 54 hours per week, to 36 hours per week or six hours per day. It also provides for an increased penalty in case of infringement;

- reference was made to two draft laws submitted to Parliament to amend the law prohibiting the sale and trafficking in women and children and the 1928 law on prostitution control. The amendments to the latter law would reinforce sanctions applicable and extend criminal liabilty;

- the Department of Public Welfare has indicated that a draft law to amend the Revolutionary Party Announcement No. 294 dealing with welfare and protection to disadvantaged children has been prepared.

Child sexual exploitation

The Committee notes that the sexual exploitation of children is an extremely serious problem both in terms of magnitude and complexity. It is as difficult to assess its magnitude as it is for forced child labour; it is hidden from view, it calls on the most abject perversion of humans and is protected by gangs and mafias. The Ministry of Health, Division of Venereal Diseases Control reported in 1990 that child prostitutes numbered 86,000; data from the Police Department show that out of an estimated 400,000 prostitutes, 40 per cent (i.e. 160,000) would be under 16. Non-governmental organizations' (NGOs) estimates range from 200,000-300,000 to 800,000 children in prostitution. The situation has been aggravated by the arrival of children trafficked from countries such as Cambodia, China, Laos and Myanmar. Clients prefer young children to prevent AIDS transmission and younger and younger children are thus lured from their villages, locked up, physically and psychologically scarred; many are in addition HIV positive and live under the permanent threat of contracting AIDS.

Preventive and protective measures necessary to combat child forced labour will equally be valid in the struggle against child sexual exploitation.

The Committee notes that Thailand has witnessed a tremendous national growth rate over recent years, emerging as a newly industrialized country. However, large pockets of poverty and profound disparities remain or have widened between rich and poor. While poverty is one of the contributing factors to child labour, it cannot be taken as an excuse for perpetuating child labour, or even less so for forced labour exploitation of children. Effective policies and measures to enhance social justice and equity can go a long way to help children and families left at the periphery of development and contribute to the protection of children.

The Committee notes that many children continue to work under coercion or in conditions of exploitation which have no resemblance to a free employment relationship. The situation is often linked to forced or false recruitment, deception and trafficking. Children are exploited because they are young and helpless, they are deprived of the right to lead a normal childhood, deprived of education, deprived of a future.

Successive governments have indicated good intentions, formulated policies and announced measures to combat the exploitation of children. The present Government has announced its policy, in particular in relation to child sexual exploitation, more than a year ago; it has started taking certain measures and initiated certain legislative reforms. Concrete and effective action has now to follow.

What is required is the formulation of clear goals and well-defined strategies to attain those goals.

The Government might consider developing a comprehensive national programme of action against forced child labour exploitation. This programme could draw from the Programme of Action against Child Bondage adopted in November 1992 by the Asian Regional Seminar on Children in Bondage, in the drafting and adoption of which Thailand participated. It would have to be implemented on a priority basis as forced child labour is intolerable and calls for urgent action.

The Committee considers the establishment in the immediate future of a comprehensive legal framework to combat forced child labour exploitation to be indispensable.

As concerns the different draft laws submitted to Parliament or under consideration by the Government, the Committee expresses the hope that the Government will be in a position to accelerate proceedings for their adoption as it can give priority for a draft to be included on the Parliament's agenda, and that provisions designed to reinforce action and sanctions against forced labour exploitation of children will be adopted at an early stage.

In relation to law enforcement which is of crucial importance, the Committee notes that while there are laws for the protection of children and while new laws to strengthen penalties against exploiters are under consideration, these laws have to be implemented in practice. There exists a generally recognized need to improve the quality of law enforcement, increase the number of labour inspectors, counter corruption, in particular in the police. The Committee notes that it has been suggested that women police could be entrusted with investigation of cases involving women and children. Law enforcement requires essentially the political will of the Government to provide the necessary means for effective action.

The Committee considers that the Government could also stimulate the "community watch", raise awareness in society to the laws so that child labour exploitation be regarded as unacceptable. It could remind hospitals to report cases of ill-treatment of children brought to their attention.

In relation to rehabilitation, it appears that there exists no comprehensive programme. As rehabilitation is a critical component of any action against forced child labour exploitation, a serious effort by the concerned authorities is needed in this regard. NGOs have been and are essential in helping in the rehabilitation of rescued children. The Government should collaborate with the NGOs in elaborating and conducting comprehensive rehabilitation efforts.

Rehabilitation and education are closely linked. Education is one of the essential means in preventing forced child labour exploitation as well as in rehabilitating rescued children. The Government has adopted some years ago a policy measure for the future extension of compulsory education from grade 6 to grade 9 and stated that it is planned for the moment to extend compulsory education up to grade 7. This would mean that children (if they do not drop out) would leave the educational system at the age of 13, which corresponds to today's minimum age for admission to employment. The Committee hopes that this intention will be translated into reality in the immediate future, accompanied by family support measures so as to limit drop-outs and that the gradual extension to grade 9 will follow.

The Committee notes that the direct contacts mission was left with the distinct impression that there was too little coordination between the various agencies of the Government dealing with the employment of children and thus a lack of appreciation on the part of the authorities of the true extent of the problem of forced child labour exploitation. Close collaboration between agencies such as the National Youth Bureau, the Department of Labour Protection and Welfare and the Department of Public Welfare as well as with the police is important. In addition, given the close relationship between issues affecting children and women, cooperation between institutions such as the National Youth Commission and the National Commission on Women's Affairs would no doubt be useful.

The Committee notes that the direct contacts mission noticed some signs of increased awareness and commitment during its visit in September 1993. The Committee hopes that these signs will be translated into effective action and that the Government will provide full particulars on measures adopted with a view to eliminating forced child labour exploitation, and provide information on the different points mentioned above, in particular on measures adopted in relation to legislative reforms, enforcement of legislation, on sanctions applied and on rehabilitation programmes.

A request is being addressed directly to the Government concerning certain points, inter alia, on trade union membership of working children, as well as on a number of points raised in previous comments.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government has requested a direct contacts mission in connection with the problems encountered in the application of the Convention.

Consequently the Committee is suspending the examination of the questions raised in its comments of previous years regarding the application of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Referring also to its observation under the Convention, the Committee notes the information provided by the Government in its report.

1. The Committee requested previously the Government to provide detailed information on the activities carried out, suggestions made and results achieved by the Committee for the Protection of Child Labour.

The Committee notes the Government's information that activites are as follows:

- Implementation of a national practice concerning the abuse of child labour in factories as approved by the Ministry of the Interior. The practice is implemented with the cooperation of the Police Department, Department of Labour and the Department of Public Welfare, and non-governmental organisations in monitoring the exploitation of child labour and prosecuting employers who violate the law.

- Recommendation by the Protection of Child Labour Committee, the National Labour Development Advisory Board and the Department of Labour concerning the policy and measures for solving child labour approved in June 1988; these policy and measures are composed of 24 short-term measures and three long-term measures with 20 cooperative agencies, the Department of Labour being the focal point; some of these measures are already completed such as the raising of child labour age from 12 years to 13 years which is in the process of implementation including the three long-term measures which attempt to raise the child labour age from 13 to 15 years.

- Studying the working conditions of child labourers and disseminating documents on this subject.

The Committee requests the Government to indicate the number of meetings held by the Committee between 1989 and 1991 and in 1992 and to provide information on the results achieved through collaboration with the Police Department as concerns the prosecution of employers for forced labour of children.

2. The Committee noted previously the information supplied by the Government concerning activities of the Department of Public Welfare entrusted with the protection against exploitation and maltreatment of children such as assisting abused children and children working under improper conditions and refer exploited children to appropriate welfare institutions. The Committee hopes that the Government will continue to provide information in this regard, as well as on activities of various other bodies dealing with rehabilitation of children, in particular the Women and Child Division of the Department of Labour.

3. In its previous comments the Committee referred to section 39 of the Local Administration Act, BE 2457 (1914) under which a Kamnan is empowered to requisition persons for compulsory service as guides, porters, etc., and which is therefore not in conformity with the Convention. The Government indicated in 1978 that the legislation in question had no practical application and action had been initiated to repeal and revise it. In its report for the period ending June 1988 the Government indicated that a Kamnan supplying a voyager, during his official journey, with food, vehicle, guide and porter, can reimburse any expense incurred from the per diem of that voyager and no person will be requisitioned for doing those services. The Committee consequently expressed the hope that the Government would repeal the powers to impose compulsory service under this provision and thus bring legislation on this point into conformity with the Convention and the indicated practice.

The Committee notes the Government's information in its latest report that the process of revising or repealing section 39 of the Local Administration Act B.E. 2457 (1914) may take a long time and is not an urgent matter because the law in question has not been applied in practice.

The Committee hopes that the Government will continue to report on any steps taken to repeal the provision in question, as the Government should have no difficulty in repealing a provision which as it indicates is no longer applied in practice.

4. In its previous comments the Committee also referred to sections 60, 96, 115, 117 and 118 of the Local Administration Act under which labour may be called upon, inter alia, for constructing dams, repairing canals, and maintaining ways of communication by land or water. The Committee asked the Government to provide information on the practical application of these sections, specifying the nature of the aid which the inhabitants may be called upon to render under section 60, the various types of projects undertaken under sections 115 to 118, the number of persons and days of labour involved. The Committee had noted the Government's indication that no details concerning services rendered were available but that voluntary services were offered only in case of emergency situations such as floods or other natural disasters.

The Committee referred to paragraphs 36 and 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour where it stated that the concept of emergency involves a "sudden, unforeseen happening" calling for instant counter-measures, the duration and extent of compulsory service as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation.

The Committee notes that the Government refers in its report to an example of compulsory service imposed following the natural disaster caused by a typhoon in 1989 in the south of Thailand. This tropical storm caused widespread destruction of dwellings in the province and also of infrastructure. That event called for mobilisation of all resources on a countrywide basis especially the local population, which was mobilised to build new homes as well as to rebuild the destroyed infrastructure with the cooperation of the armed forces.

The Government states that while it cannot specify services to be provided in such circumstances, it confirms that compulsory rehabilitation services are provided in case of emergencies according to the requirements of each situation.

The Committee takes due note of this information. The Committee notes however that the scope of the above-mentioned sections of the Local Administration Act is not limited to such emergency work. The Committee would again request the Government to provide information on measures taken or envisaged to clearly lay down in the legislation that the power to call up labour is limited to what is strictly required in order to cope with circumstances endangering the existence or well-being of the whole or part of the population. The Committee hopes that the Government will provide information on any steps envisaged or taken in this regard.

5. The Committee noted in its previous comment from the Government's report that while no legal provision regulates the work which may be done by the armed forces for the development of the country, under article 56 of the Constitution it is usual for the armed forces to be involved in community development works of construction, irrigation, clearing canals and digging wells to help people occasionally and in cooperation with local people in rural areas and that these works are done voluntarily.

The Committee had noted information according to which armed forces were forming two new development divisions to help economically deprived areas; among other objectives these divisions were designed to open up rural areas by improving communications and assist general civilian development programmes; a significant budget had been allocated for the programme.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention under which only military service limited to work of a purely military character is not included in the scope of the Convention. Work required from conscripts within the framework of the national service, including work connected with national development, is not of a purely military character. The Committee referred in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour in which it examines the obligations resulting from the Convention on this subject and in which it describes the problems arising from the use of conscripts for non-military purposes.

The Committee notes the Government's statement in its report that conscripts are not used for development activities and that article 33 of the Constitution provides legal exceptions for using forced labour under special cases during emergency disasters, wars, martial law or state of emergency. The Committee takes due note of this indication. Since article 56 of the Constitution provides for the use of the armed forces for development purposes, the Committee requests the Government to supply more detailed information on the composition and activities of the development division of the armed forces.

6. The Committee noted previously the Government's indication that members of the armed forces, like other state employees, are free to leave the service at any time; and if they have received training for two years they can leave the service four years after the training. The Committee requested the Government to provide copies of provisions governing such matters.

The Committee hopes that the Government will provide a copy of the provisions in question.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the discussion which took place in the Conference Committee in 1991.

In previous comments the Committee noted allegations brought before the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities that children were bought and sold in Thailand for work in private houses, restaurants, factories and brothels, that shops had specialised in the sale of children and teenagers, that child catchers and recruiters were operating in the country and that, although laws for the protection of children existed, there was a lack of enforcement by police.

The Government has previously reported on certain legal, institutional, preventive, protective, rehabilitation and enforcement measures taken. The Government referred in particular to notification No. 12 of January 1990 by the Ministry of the Interior, to reinforce protection of working children from illegal abuse, and referred to prosecutions for exploitation or illegal use of child labour (11 in 1988, two in 1989, four from October 1989 through May 1990, resulting, in 13 cases, in the imposition of fines and in one case in imprisonment).

In relation to information provided by the Government on inspections carried out and on action taken against exploiters of children, it appeared to the Committee that measures taken were somewhat limited in scope and the sanctions applied not commensurate with the physical and moral harm incurred by the children.

The Committee requested the Government to provide further information on measures taken to ascertain that children are not sold and purchased, and to remove children from nightspots and brothels and from illegal employment in private houses, hotels, restaurants and factories as well as information on complaints of child abuse, on inspections carried out, and on prosecutions undertaken and penalties imposed, including copies of court decisions.

The Committee notes the information supplied by the Government in its report of 28 February 1992 on measures taken or envisaged with a view to eliminating exploitation or illegal use of child labour. The Government indicates that it has taken the following initiatives: - a bill to protect children, under which the sanction of imprisonment applicable to offenders would be raised from six months to one to five years, has been approved by the Cabinet and is in the process of submission to the National Assembly; - a proposal has been made to revise the Act on employment service and job- seekers' protection (BE 2528), increasing the imprisonment term from six months to one to six years for child abductors and recruiters of employment agencies or shops involved in the sale of children and teenagers; - a request has been made on 5 November 1991 by the Minister of the Interior to the Permanent Secretary for the Bangkok Metropolitan Administration and the Permanent Secretary for the Ministry of Public Health to order hospitals under their control to gather names of patients who have suffered injuries caused by improper working conditions or been victims of physical abuse, and to report to the Department of Labour; - a "hot line" centre has been established by the Department of Labour under the Ministry of the Interior for receiving complaints; - the labour service in Bangkok has been restructured: labour inspectors of the central office have been assigned to stations in 36 district areas of Bangkok so as to acquaint them more with local conditions and problems to solve emerging problems "on the spot". Responsibility of labour inspectors has been entrusted to city officials and local administrators throughout the country (Ministry of Interior Order No. 9/1992 of 7 January 1992); - on 8 January 1992 the Public Prosecutor filed charges at the Criminal Court against the owner of an unlicensed paper cups factory, from which the police department rescued in October 1991 28 workers aged from 9 to 20. The charges refer to detention and torture of workers, illegal operation of a factory, employment of foreigners without permission, non-observance of conditions of employment relating to hours of work, holidays, employment of minors, etc.; - employment of children as prostitutes has so far been banned by eight successive Thai Governments. The Ministry of Justice has increased penalties for those who torture children and cause loss of lives. The penalty under the criminal law has increased under the new prostitution bill whereby supervisors or managers of places of prostitution or controllers of prostitutes are liable to imprisonment from three to seven years; - in rural areas the Ministry of the Interior has provided measures on protection against employment deception in the provinces: (provide clear employment information to young job-seekers in cooperation with rural agencies and rural government offices; create public awareness; prepare programmes of vocational guidance for children and teenagers); - the policy to expand education from grade 6 to 9, started in 1989, is being pursued and expanded progressively (119 schools in 1989, 1,366 in 1991, 6,500 in 1995) with the aim of providing free education nationwide by 1997.

The Committee has also taken note of the statement by the Prime Minister to the 11th Asian Regional Conference (26 November-2 December 1991) according to which it was his firm conviction that the place for a child was in school and not in a factory; that it was not sufficient to wait for economic restructuring to redress the exploitation of child labour, and that he was determined to do away with child labour and safeguard the future of the underprivileged children in the country.

The Committee notes with interest this policy statement as well as the measures envisaged or already adopted to alleviate exploitation of children.

The Committee hopes that the Government will provide further information on steps taken or envisaged to review, strengthen and enforce legislation providing for protection against all forms of forced labour exploitation of children, and to punish exploiters. The Government is requested to provide in particular information on the following matters:

(a) Legislation: legislative measures adopted by the National Assembly following proposals by the Government (Bill to protect children; revision of the Act on employment services and jobseekers' protection; anti-prostitution Bill); any other draft proposals submitted or envisaged, in particular as concerns the reinforcement of sanctions applicable.

(b) Inspection: labour inspections carried out, findings of inspectors, results achieved through the decentralised structure in Bangkok and the implication of city officials and local administrators; any measures, budgetary and administrative etc., adopted to reinforce labour inspection, increase the number of inspectors and the means at their disposal, and providing them with a specific training. The Committee notes in this connection the "project on prevention and protection centre for child labour", to be established with the financial support of the ILO, which provides for the strengthening of the labour inspection system (including advice to employers and prosecution of infringements).

(c) Police action: the Committee notes that the children from the paper cups factory were rescued by the Crime Suppression Division. The Committee hopes that the Government will be able to indicate measures envisaged or adopted to train and educate the local police and to provide them with financial support in order to motivate them in the search, pursuit and arrest of child exploiters and to lessen reported collusion between police and exploiters.

(d) Job placement agencies: number of private job placement agencies controlled and/or closed; creation of state job agencies and results achieved.

(e) Complaints: complaints received and action taken, in particular on those received through the hot line centre, as well as cases reported by hospitals.

(f) Prosecutions, sanctions: information on the prosecutions engaged against exploiters, and on sanctions imposed.

(g) Rehabilitation programmes and measures to help rescued children (including the increasing number of migrant children illegally brought into the country) to avoid their falling back into the hands of exploiters.

The Committee considers that forced labour exploitation of children, be it in forced child labour, child prostitution, child pornography, be it in factories, sweatshops, brothels, private houses or elsewhere, is one of the worst forms of forced labour. It must be fought energetically and punished severely. Measures to be adopted should seek to break the circle of practical impunity, to create an environment where any actual or potential exploiter and accomplice face severe punishment. The Committee recalls that, under Article 25 of the Convention, forced labour shall be punishable as a penal offence, and the Government must ensure that penalties imposed by law are really adequate and strictly enforced.

The Committee trusts that the Government will take the necessary measures.

[The Government is asked to provide full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Referring to its observation on the Convention, the Committee hopes that the Government will provide information on the following points raised in its previous comments:

1. The Committee requests the Government to provide detailed information on the activities carried out, suggestions made and results achieved by the Committee for the Protection of Child Labour which is entrusted with the following responsibilities: protect and eliminate the abuse of child labour; recommend ways and means to resolve problems of child labour within and outside establishments; undertake study and research on the problem of the use of child labour within and outside the industrial sector; recommend guide-lines for the protection of and assistance to working children; promote and support the public and private agencies and organisations in the field of child labour; organise meetings, seminars and training on child labour at the national level; co-ordinate with other public and private agencies concerned with child labour; to set up any subcommittees as necessary for its work.

2. The Committee noted previously the information supplied by the Government concerning activities of the Department of Public Welfare entrusted with the protection against exploitation and maltreatment of children such as assisting the abused children and the children working under improper conditions and refer the exploited children to appropriate welfare institutions. The Committee hopes that the Government will continue to provide information in this regard, as well as on activities of various other bodies dealing with rehabilitation of children, in particular the Women and Child Division of the Department of Labour.

3. The Committee noted from the information provided by the Government to the Conference Committee in 1987 that in view of the number of establishments to be covered and for effective inspection of child labour a joint inspection system was set up in 1984. The Committee requests the Government to provide detailed information on the inspections carried out and the results achieved through this joint structure, in particular to ascertain that children are not sold or purchased by job-securing agents, and to remove children from illegal employment and from nightspots and brothels.

4. In its previous comments the Committee referred to section 39 of the Local Administration Act, BE 2457 (1914) under which a Kamnan is empowered to requisition persons for compulsory service as guides, porters, etc., and which is therefore not in conformity with the Convention. The Government indicated in 1978 that the legislation in question had no practical application and action had been initiated to repeal and revise it. The Committee noted the Government's indication in its latest report that a Kamnan supplying a voyager, during his official journey, with food, vehicle, guide and porter, can reimburse any expense incurred from the per diem of that voyager and no person will be requisitioned for doing those services. The Committee consequently again expresses the hope that the Government will repeal the powers to impose compulsory service under this provision and thus bring legislation on this point into conformity with the Convention and the indicated practice.

5. In its previous comments the Committee also referred to sections 60, 96, 115, 117 and 118 of the Local Administration Act under which labour may be called upon inter alia, for constructing dams, repairing canals, and maintaining ways of communication by land or water. The Committee asked the Government to provide information on the practical application of these sections, specifying the nature of the aid which the inhabitants may be called upon to render under section 60, the various types of projects undertaken under sections 115 to 118, the number of persons and days of labour involved. The Committee noted the Government's information in its report according to which no details concerning services rendered are available but that voluntary services are offered only in case of emergency situations such as floods or other natural disasters.

The Committee refers to paragraphs 36 and 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour where it stated that the concept of emergency involves a "sudden, unforeseen happening" calling for instant counter-measures, the duration and extent of compulsory service as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. The Committee requests the Government to provide information on measures taken or envisaged to clearly lay down in the legislation that the power to call up labour is limited to what is strictly required in order to cope with the circumstances endangering the existence or well-being of the whole or part of the population. The Committee requests the Government to provide information in this regard.

6. The Committee noted in its previous comment from the Government's report that while no legal provision regulates the work which may be done by the armed forces for the development of the country, under section 56 of the Constitution it is usual for the armed forces to be involved in community development works of construction, irrigation, clearing canals and digging wells to help people occasionally and in co-operation with the local people in the rural areas and that these works are done voluntarily.

The Committee noted information according to which armed forces were forming two new development divisions to help economically deprived areas; among other objectives these divisions were designed to open up rural areas by improving communications and assist general civilian development programmes; an important budget has been allocated for the programme.

The Committee draws the Government's attention to Article 2, paragraph 2(a), of the Convention under which only military service limited to work of a purely military character is not included in the scope of the Convention. Work required from conscripts within the framework of the national service, including work connected with national development, is not of a purely military character. The Committee refers in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour in which it examines the obligations resulting from the Convention on this subject and in which it describes the problems arising from the use of conscripts for non-military purposes. The Committee expresses the hope that the Government will indicate measures taken or envisaged to ensure that conscripts are not used for work other than work of a purely military character.

7. Referring to its previous request, the Committee noted the Government's statement in its report that members of the armed forces, like other state employees, are free to leave the service at any time; and if they have received training for two years they can leave the service four years after the training. The Committee requests to the Government to provide copies of provisions governing such matters.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that no report has been received from the Government. The Committee has however taken note of the discussion which took place in the Conference Committee in June 1990 on the application of the Convention by Thailand.

Article 25 of the Convention. In previous comments the Committee noted allegations brought before the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities that children were bought and sold in Thailand for work in private houses, restaurants, factories and brothels, that shops had specialised in the sale of children and teenagers and child catchers and recruiters were operating in the country, and that, although laws for the protection of children existed, there was a lack of enforcement by the police.

The Government stated in its earlier reports that since 1978 tougher action and measures had been undertaken by the authorities with a view to eliminating any possible exploitation or illegal use of child labour: labour inspections and remedial action had been intensified, vocational training, especially for children from rural areas had been promoted through a child rehabilitation centre and the Foundation for the Promotion of Supplementary Occupations and Related Techniques, while government agencies co-operated with private agencies and foundations in setting up a centre to monitor the problem of child labour and, in co-ordination with the Women and Child Division of the Department of Labour and the Police Department, to investigate cases. This action had resulted in several arrests and prosecutions; a factory owner had been sentenced to several years of imprisonment for illegal employment and abuse of child labour. The Government having provided only summary statistics on inspections, on the number of children in establishments covered by the inspections, on permits issued for the employment of children and on the advisory services to employers on legal aspects of child labour, the Committee requested the Government, in view of the serious and repeated allegations brought before the Subcommission and the Government's reference to several arrests and prosecutions, to supply more specific, detailed and complete information on the measures taken to ascertain that the Convention is observed in practice.

The Committee noted the information provided by the Government in its report for the period ending 30 June 1987 and to the Conference Committee in 1987 on labour inspections and action taken by the Department of Labour in co-operation with the Police Department in a certain number of cases of child labour exploitation such as excessive hours of work - in some cases from 6 a.m. to midnight, with very little rest - illegal overtime and night work, no weekly rest, wages under the legal minimum, no protection or welfare benefits as provided by law, physical aggression, etc. The employers concerned had been sentenced or obliged to pay monetary penalties or outstanding wages; the Government had supplied the previously mentioned court decision sentencing an employer to three months' imprisonment.

The Committee further noted the Government's indications concerning various rehabilitation measures and the role of the different aforementioned institutions. The Committee noted in particular that the centre to monitor the problem of child labour was replaced in February 1987 (Order of the Minister of Interior No. 84) by a joint committee of the private and public sector named "Child Labour Protection Committee", whose functions are among others to protect and eliminate the abuse of child labour and to recommend ways and means to resolve problems of child labour within and outside establishments, undertake studies and research on the problem of the use of child labour within and outside the industrial sector. The Committee also took note of the research summary and recommendations of a report drafted by the National Youth Bureau, Office of the Prime Minister, referred to in the ILO "Conditions of Work Digest", Vol. 7, 1/1988. Among its findings the report states that most employers do not have the required permit to employ children, who often work in illegal and unhealthy conditions, and are deprived of protection or welfare benefits. The Committee also noted from the Digest the information reported by the Women and Child Labour Division according to which the majority of child workers are from poor families in rural areas; they are exploited and face many physical and mental problems.

While noting the information provided by the Government on the inspections carried out and action taken against employers for child abuse, it appeared to the Committee from the documents submitted with the Government's report that these measures were somewhat limited in scope and the pecuniary sanctions applied were not commensurate to the physical and moral harm incurred by the children in comparison with the benefits which an employer can expect to gain by using illegal child labour.

The Committee notes the statement by the Government to the Conference Committee in 1990 that the illegal exaction of forced or compulsory labour was punishable as a penal offence and that penalties were strictly enforced, as shown by the written information provided on two cases of employers sanctioned one by three months imprisonment, the other by a fine. Rates of pecuniary sanctions were determined by a committee composed of the Directors-General of the Departments of Labour, of Public Prosecutions and of the Police. These rates were adjusted according to the seriousness of the offence; in extreme cases imprisonment was imposed. According to the statistics on labour inspection of the Woman and Child Labour Division, there had been 11 prosecutions of employers for exploitation or illegal use of child labour in 1988, two in 1989 and four between October 1989 and May 1990. All of these cases had been prosecuted by officers of the Legal Division of the Department of Labour. Fines of US$4,200 had been imposed on 13 employers, and four cases were still pending. One of the cases (referred to in the Government's written communication) concerning the illegal employment of children had been the subject of a judgement handed down by the criminal courts.

The Government also stated that a series of measures had been taken to prevent the sale and purchase of children, namely: a campaign to arouse public awareness of the relevant provisions of the labour laws and to educate employers about the legislative provisions pertaining to child labour; the promulgation of Announcement No. 12 of the Ministry of the Interior to protect children from being sold and purchased; the creation of a joint working group of officials from two divisions of the Department of Labour (the Labour Protection Division and the Woman and Child Division) to monitor the child labour situation, especially during the period after the harvest. Child labourers who are migrating from any part of the country to urban areas would be inspected by this working group as regards their workplace, their living conditions, their employment, their wages, etc., and if there was any irregularity, the matter would be entrusted to labour inspectors working in such areas for further action. The Government also indicated that the extension, under the new Primary Education Act, of primary education from six to nine years of age, which had been approved by the Cabinet, would come into force in 1991.

The Committee also notes the Government's indication that recent statistics of the Department of Public Welfare showed that the average percentage of children under 15 years of age working in nightclubs and brothels had increased from 3.50 per cent in 1977 to 5.85 per cent in 1989. When these children were found by the police, they were sent to homes where they received medical care, education, training, etc. All those measures were supplemented by preventive and protective measures. In that context, a national campaign to arouse public awareness had been launched, centres for vocational training for women had been established in all parts of the country (such centres could prevent child migration to metropolitan areas), and the Brothel Elimination Act was being revised so as to impose higher penalties on offenders and so as to extend its scope.

The Committee notes with interest these indications. The Committee hopes that the Government will supply detailed information on the application and enforcement of the various measures in relation to the application of the Convention. The Committee recalls in this connection that under Article 25 of the Convention the Government must ensure that penalties imposed by law are really adequate and are strictly enforced.

The Committee expresses the hope that the Government will provide detailed information on measures taken to ascertain that the Convention is applied in practice, including further information on complaints of child abuse, on inspections carried out, prosecutions undertaken and penalties imposed, and copies of court decisions. The Committee requests in particular the Government to supply detailed information on measures taken to ascertain that children are not sold and purchased by unscrupulous job-securing agents and to remove the children from nightspots and brothels and from illegal employment in private houses, hotels, restaurants and factories. Referring in this connection to the Government's indication that the number of working children in nightclubs and brothels had increased and that the Brothel Elimination Act was being revised, the Committee hopes that the Government will provide detailed information on the action taken in this regard and the results achieved.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Referring also to its observation on the Convention, the Committee requests the Government to provide detailed information on the activities carried out, suggestions made and results achieved by the Committee for the Protection of Child Labour which is entrusted with the following responsibilities: protect and eliminate the abuse of child labour; recommend ways and means to resolve problems of child labour within and outside establishments; undertake study and research on the problem of the use of child labour within and outside the industrial sector; recommend guide-lines for the protection of and assistance to working children; promote and support the public and private agencies and organisations in the field of child labour; organise meetings, seminars and training on child labour at the national level; co-ordinate with other public and private agencies concerned with child labour; to set up any subcommittees as necessary for its work.

2. The Committee has noted the information supplied by the Government in its report concerning activities of the Department of Public Welfare entrusted with the protection against exploitation and maltreatment of children such as assisting the abused children and the children working under improper conditions and refer the exploited children to appropriate welfare institutions. The Committee hopes that the Government will continue to provide information in this regard, as well as on activities of various other bodies dealing with rehabilitation of children, in particular the Women and Child Division of the Department of Labour.

3. The Committee notes from the information provided by the Government to the Conference Committee in 1987 that in view of the number of establishments to be covered and for effective inspection of child labour a joint inspection system has been set up in 1984. The Committee requests the Government to provide detailed information on the inspections carried out and the results achieved through this joint structure, in particular to ascertain that children are not sold or purchased by job-securing agents, and to remove children from illegal employment and from night-spots and brothels.

4. In its previous comments the Committee referred to section 39 of the Local Administration Act, BE 2457 (1914) under which a Kamnan is empowered to requisition persons for compulsory service as guides, porters, etc., and which is therefore not in conformity with the Convention. The Government has indicated in 1978 that the legislation in question had no practical application and action had been initiated to repeal and revise it. The Committee notes the Government's indication in its latest report that a Kamnan supplying a voyager, during his official journey, food, vehicle, guide and porter, can reimburse any expense occurred from the per diem of that voyager and no person will be requisitioned for doing those services. The Committee consequently again expresses the hope that the Government will repeal the powers to impose compulsory service under this provision and thus bring legislation on this point into conformity with the Convention and the indicated practice.

5. In its previous comments the Committee also referred to sections 60, 96, 115, 117 and 118 of the Local Administration Act under which labour may be called upon inter alia, for constructing dams, repairing canals, maintaining ways of communication by land or water. The Committee asked the Government to provide information on the practical application of these sections, specifying the nature of the aid which the inhabitants may be called upon to render under section 60, the various types of projects undertaken under sections 115 to 118, the number of persons and days of labour involved. The Committee notes the Government's information in its report according to which no details concerning services rendered are available but that voluntary services are offered only in case of emergency situations such as floods or other natural disasters.

The Committee refers to paragraphs 36 and 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour where it stated that the concept of emergency involves a "sudden, unforeseen happening" calling for instant counter-measures, the duration and extent of compulsory service as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. The Committee requests the Government to provide information on measures taken or envisaged to clearly lay down in the legislation that the power to call up labour is limited to what is strictly required in order to cope with the circumstances endangering the existence or well-being of the whole or part of the population. The Committee looks forward to receiving information in this regard.

6. The Committee noted in its previous comment from the Government's report that while no legal provision regulates the work which may be done by the armed forces for the development of the country, under section 56 of the Constitution it is usual for the armed forces to be involved in community development works of construction, irrigation, clearing canals and digging wells to help people occasionally and in co-operation with the local people in the rural areas and that these works are done voluntarily.

The Committee has taken note of information according to which armed forces were forming two new development divisions to help economically deprived areas; among other objectives those divisions were designed to open up rural areas by improving communications and complement in general civilian development programmes, an important budget being allocated for the programme.

The Committee draws the Government's attention to Article 2, paragraph 2(a) of the Convention under which only military service limited to work of a purely military character is not included in the scope of the Convention. Work required from conscripts within the framework of the national service, including work connected with national development, is not of a purely military character. The Committee refers in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour in which it examines the obligations resulting from the Convention on this subject and in which it describes the problems arising from the use of conscripts for non-military purposes. The Committee expresses the hope that the Government will indicate what measures are taken or envisaged to ensure that no compulsory military labour is used for work other than of a purely military character, including for development.

7. Referring to its previous request, the Committee notes the Government's statement in its report that members of the armed forces, like other state employees, are free to leave the service at any time; if such person have received training for two years they can leave the service four years after the training. The Committee requests to the Government to provide copies of provisions governing such matters.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 25 of the Convention. In previous comments the Committee noted allegations brought before the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities that children were bought and sold in Thailand for work in private houses, restaurants, factories and brothels, that shops had specialised in the sale of children and teenagers and child catchers and recruiters were operating in the country, and that, although laws for the protection of children existed, there was a lack of enforcement by the police.

The Government stated in its earlier reports that since 1978 tougher action and measures had been undertaken by the authorities with a view to eliminating any possible exploitation or illegal use of child labour: labour inspections and remedial action had been intensified, vocational training, especially for children from rural areas had been promoted through a child rehabilitation centre and the Foundation for the Promotion of Supplementary Occupations and Related Techniques, government agencies co-operated with private agencies and foundations in setting up a centre to monitor the problem of child labour and, in co-ordination with the Women and Child Division of the Department of Labour and the Police Department, to investigate cases; this action had resulted in several arrests and prosecutions; a factory owner had been sentenced to several years of imprisonment for illegal employment and abuse of child labour. The Government having provided only summary statistics on inspections, on the number of children in establishments covered by the inspections, on permits issued for the employment of children and on the advisory services to employers on legal aspects of child labour, the Committee requested the Government, in view of the serious and repeated allegations brought before the Sub-Commission and the Government's reference to several arrests and prosecutions, to supply more specific, detailed and complete information on the measures taken to ascertain that the Convention is observed in practice.

The Committee has noted the information provided by the Government in its report for the period ending 30 June 1987 and to the Conference Committee in 1987 on labour inspections and action taken by the Department of Labour in co-operation with the Police Department in a certain number of cases of child labour exploitation such as excessive hours of work - in some cases from 6 a.m. to midnight, with very little rest - illegal overtime and night work, no weekly rest, wages under the legal minimum, no protection or welfare benefits as provided by law, physical aggression, etc. The employers concerned have been sentenced or obliged to pay monetary penalties or outstanding wages; the Government has supplied the previously mentioned court decision sentencing an employer to three months' imprisonment. The Committee further notes the Government's indications concerning various rehabilitation measures and the role of the different aforementioned institutions. The Committee notes in particular that the centre to monitor the problem of child labour was replaced in February 1987 (Order of the Minister of Interior No. 84) by a joint committee of the private and public sector named "Child Labour Protection Committee", whose functions are among others to protect and eliminate the abuse of child labour and recommend ways and means to resolve problems of child labour within and outside establishments, undertake study and research on the problem of the use of child labour within and outside the industrial sector. The Committee has also taken note of the research summary and recommendations of a report drafted by the National Youth Bureau, Office of the Prime Minister, referred to in the ILO Conditions of Work Digest, Vol. 7, 1/1988. Among its findings the report states that most employers do not have the required permit to employ children, who often work in illegal and unhealthy conditions, are deprived of protection or welfare benefits. The Committee also notes from the Digest the information reported by the Women and Child Labour Division according to which the majority of child workers are from poor families in rural areas; they are exploited and face many physical and mental problems.

While noting the information provided by the Government on the inspections carried out and action taken against employers for child abuse, it appears to the Committee from the documents submitted with the Government's report that these measures are somewhat limited in scope and the pecuniary sanctions applied not commensurate to the physical and moral harm incurred by the children in comparison with the benefits which an employer can expect to gain by using illegal child labour. The Committee recalls that under Article 25 of the Convention the Government must ensure that penalties imposed by law are really adequate and are strictly enforced. The Committee recalls in this connection also that penalties should have a dual purpose, namely to severely punish the guilty and to act as a deterrent; if monetary penalties are provided for they should be adapted in order to ensure that they exert an effective influence. The Committee expresses the hope that the Government will provide fuller information on measures taken to ascertain that the Convention is applied in practice, including information on complaints of child abuse, on inspections carried out, prosecutions undertaken and penalties imposed, and copies of court decisions. The Committee requests in particular the Government to supply more detailed information on measures taken to ascertain that children are not sold and purchased by unscrupulous job-securing agents and to remove the children from night-spots and brothels and from illegal employment in private houses, hotels, restaurants and factories.

The Committee has noted with interest the information provided by the Government concerning rehabilitation measures. It addresses a request directly to the Government in this connection as well as on a certain number of other points. [The Government is asked to supply full particulars to the Conference at its 77th Session and to report in detail for the period ending 30 June 1990.]