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

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 52 of the Anti-Trafficking in Persons Act 2008 read in conjunction with sections 4 and 6, criminalizes the offence of trafficking of children (procuring, buying, selling, bringing, detaining or receiving) under the age of 18 years for purposes of exploitation, which includes the production or distribution of pornographic materials. Moreover, section 26 of the Child Protection Act of 2003 prohibits any person to force, threaten, use, induce, instigate, encourage or allow a child under the age of 18 years to perform or act in a pornographic manner and shall be liable to imprisonment and fine (section 78). The Committee requested the Government to provide information on the application in practice of the above provisions.

The Committee notes from the Government’s report that from 2015 to 2018, the Thailand Internet Crimes Against Children (TICAC), the Thailand Anti Trafficking in Persons Task Force (TATIP), and the Anti-Human Trafficking Division, with partnership from government agencies and non-government agencies have dealt with 76 cases related to possession of child pornography. The Committee requests the Government to continue to provide information on the application in practice of the provisions under the Anti-Trafficking in Persons Act and the Child Protection Act with regard to the use, procuring or offering of children under the age of 18 years for the production of pornography and for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular, for the production and trafficking of drugs. In its previous comments, the Committee noted that section 83 of the Penal Code (of 1956 as amended up to 2003) makes it an offence to instigate or cause another person to commit an offence. It also noted that section 26 of the Child Protection Act, 2003 prohibits any person from: “(5) forcing, threatening, encouraging, inducing or using a child to beg or to commit crimes; or (6) using, employing or asking a child to act in a way that causes physical or mental harm to the child or affects the child’s growth or development.” The Committee requested the Government to provide information on the application in practice of the above sections with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes the Government’s information that in 2018, 2,774 juvenile offenders were arrested for selling and manufacturing drugs. The Committee requests the Government to take the necessary measures to ensure that children who are used, procured or offered for the production and trafficking of drugs are treated as victims rather than offenders. It also requests the Government to provide information on the number of investigations and prosecutions carried out and penalties imposed on persons who engage children under the age of 18 years for the production or distribution of drugs.

Article 3(d) and application of the Convention in practice. Hazardous work in the agricultural sector. In its previous comments, the Committee noted the Department of labour Protection and Welfare (DLPW) enacted a Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector of 2014, which prohibits children under the age of 18 years from engaging in hazardous work in agricultural work. It also noted the Government’s information the that DLPW disseminated a total of 15,000 copies of a brochure of this regulation to the public and conducted seminars in 15 provinces to convey the protection afforded to children under this regulation to concerned associations, and employers’ and workers’ organizations in the agricultural sector. Moreover, programmes to sensitize workers in the informal sector on their rights and obligations under the law were also carried out by the DLPW. The Committee encouraged the Government to pursue its efforts to protect children working in agriculture from hazardous work.

The Committee notes the Government’s information that it has continued to publish brochures and manuals on employer and employees’ rights and responsibilities under the Ministerial Regulation of 2014. Moreover, a guideline on Good Labour Practices (GLP) in the poultry and swine industry has been issued. The GLP consists of four “Nos” such as “no child labour, no forced labour, no discrimination and no human trafficking”. At present there are 18,227 GLP certified farms with a total of 1,091,995 workers under the GLP worker protection. The Committee requests the Government to continue taking measures to protect children working in agriculture from hazardous work. It also requests the Government to continue to provide information on the measures taken in this regard and on the impact of these measures, in terms of the number of children prevented or withdrawn from undertaking hazardous work in the agricultural sector.

Article 5. Monitoring mechanisms. Labour inspectorate. In its previous comments, the Committee requested the Government to continue to provide information on the activities of the labour inspectorate in monitoring the worst forms of child labour and their impact, including the number of violations detected and penalties imposed.

The Committee notes the Government’s information that according to the data from the report on the anti-human trafficking operations in Thailand 2018, the labour inspection covered establishments that are categorized as at-risk sectors for child labour, forced labour, debt bondage and trafficking of persons. Labour inspection also covered fishing vessels and aquaculture processing establishments. Accordingly, 121,859 such establishments were inspected in 2018, of which 11,513 establishments were detected as violating the labour laws and 11,128 actions against offenders were issued. The Committee also notes the Government’s information that the labour inspection has improved the screening system of identifying victims of forced labour and trafficking using the preliminary forced labour screening exercises in the fishing and aquaculture processing establishments. The screening activities identified four workplaces and six employees as victims of trafficking. Furthermore, the inspections conducted in 60 aquaculture processing plants found no cases of worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Policy and Plan to Eliminate the Worst Forms of Child Labour. The Committee previously expressed the firm hope that the National Policy and Plan to Eliminate the Worst Forms of Child Labour 2015–20 would be adopted and implemented in the near future and requested the Government to provide information on the measures taken within the framework of this national plan.

The Committee notes the Government’s information that the measures taken within the framework of the Second National Policy and Plan for the Elimination of the Worst Forms of Child Labour, 2015–2020 (NPP WFCL II), include strategies on prevention; assistance and protection of children from the worst forms of child labour; enacting and enforcing relevant laws; cooperation between network partners; and management, monitoring and evaluation. Accordingly in 2018, the following measures were taken:

• -protection, assistance and rehabilitation activities were strengthened focussing on the elimination of forced labour of children through screening and rescue operations;
• -joint and integrative actions were conducted between the administrative bodies, the armed forces and the police for special operations to combat trafficking in persons and detect and prosecute cases of worst forms of child labour in the marine fisheries sector among 22 coastal provinces;
• -labour protection laws were revised in marine fisheries; and
• -MoUs were signed between ten agencies to establish and maintain database on litigation and assistance to victims of trafficking in persons.

The Government further indicates that the National Committee for the Elimination of the Worst Forms of Child Labour and Subcommittee on Implementation, Monitoring and Evaluation which comprises representatives of all government agencies, employer and employee organizations, non-governmental organizations (NGOs) and experts on children shall monitor and evaluate the implementation of the NPP WFCL II. Moreover, in 2018, four training sessions on the NPP WFCL II were provided to 200 participants from government agencies, private sector, NGOs, employers’ and employees’ organizations and regional level general public. The Committee requests the Government to continue to provide information on the measures taken within the framework of the NPP WFCL II to combat the worst forms of child labour and to indicate the results achieved in terms of the number of children prevented and withdrawn from the worst forms of child labour and rehabilitated. Please provide data disaggregated by gender and age.

2. Ship to Shore Rights Project on Combating Unacceptable Forms of Work in the Thai Fishing and Seafood industry 2016–2019. The Committee notes the Government’s information that following the completion of the ILO–IPEC project on Combating the Worst Forms of Child Labour in Shrimp and Seafood Processing Areas in Thailand, the Government has continued its efforts to eliminate the worst forms of child labour in the fishing and seafood industry by cooperating with the ILO in the Ship to Shore Rights Project. Within the framework of this project the following activities were carried out: training activities for labour inspectors and workshops for labour inspection and supervising the fishery and seafood processing business; the Good Labour Practices (GLP) Manual focussing on “No child labour” as one of its components was issued; and labour rights promotion documents and materials for the fishery sector was developed. The Committee further notes the Government’s information that the revised version of the Thai Labour Standard Certification requires establishments not to employ children under 15 years; not to engage young workers in work that is harmful to their health and safety; and to maintain a record of young workers and their working hours for inspectors. The Government indicates that at present there are 772 establishments having T-mark certification (meaning excellent and trustworthy in business) and 4,352 GLP certification establishments, including 439 in the marine fishery industry. The Committee encourages the Government to continue taking measures to combat the worst forms of child labour in the fishery, shrimps and seafood areas. It requests the Government to provide information on the measures taken in this regard, including within the Ship to Shore Rights Project, and the results achieved.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 287 of the Penal Code contains a general prohibition on the production, possession or exhibition of any document, drawing, print, picture, photograph, film or tape which is “obscene”. It also noted with concern that child pornography continued to be a problem in practice.

The Committee notes the Government’s statement that the provisions under the Anti-Trafficking in Persons Act B.E 2551 (2008) (Anti-Trafficking in Persons Act) are enforced to prosecute offenders for the offences related to child pornography. The Committee notes that section 52 read in conjunction with sections 4 and 6 of the Anti-Trafficking in Persons Act states that whoever commits an offence of trafficking of children (procuring, buying, selling, bringing, detaining or receiving) under the age of 18 years for purposes of exploitation, which includes the production or distribution of pornographic materials, shall be punished with imprisonment from six to 15 years. Moreover, section 26 of the Child Protection Act of 2003 prohibits any person to force, threaten, use, induce, instigate, encourage or allow a child under the age of 18 years to perform or act in a pornographic manner and shall be liable to imprisonment and fine (section 78). The Committee requests the Government to provide information on the application in practice of the provisions under the Ant-Trafficking in Persons Act and the Child Protection Act with regard to the use, procuring or offering of children under the age of 18 years for the production of pornography and for pornographic performances.

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

In this regard, the Committee notes the Government’s reference to the provisions under the Penal Code (of 1956 as amended up to 2003) and the Child Protection Act. The Penal Code, under section 83, makes it an offence to instigate or cause another person to commit an offence. The Committee notes that section 26 of the Child Protection Act prohibits any person from: (5) forcing, threatening, encouraging, inducing or using a child to beg or to commit crimes; (6) using, employing or asking a child to act in a way that causes physical or mental harm to the child or affects the child’s growth or development; or (7) forcing, threatening, using, instigating or encouraging a child to commit any acts indicative of commercial exploitation which hinders the child’s growth and development or constitutes an act of torture against the child. The definition of “torture” under section 4 of the Act includes any act of unlawful or immoral nature. The Committee requests the Government to provide information on the application in practice of section 83 of the Penal Code and section 26(6) and (7) of the Child Protection Act with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

Article 5. Monitoring mechanisms. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour, through the Department of Labour Protection and welfare (DLPW) conducted a number of training sessions to enhance the capacity of labour inspectors. Accordingly: (i) in November 2014, a workshop on guidelines towards elimination of the worst forms of child labour and training on child labour monitoring was conducted in Nonthaburi Province which was attended by 109 labour inspectors from central and regional offices; (ii) and four training programmes on capacity-building for labour inspectors in the fishing and sea food sectors, was conducted in collaboration with ILO, in which 112 labour inspectors participated. The Committee also notes the Government’s statement that each year, a regular plan for labour inspection is established with focus on child labour in industries such as shrimp processing, sugar cane, and garments as well as small enterprises or clandestine establishments in villages or communities located faraway. The following actions were undertaken within this plan:

• -Labour inspector ad hoc teams were set up to inspect garment workplaces in Mae Sot in June 2014. Under this action, 73 workplaces were inspected and two child workers aged between 5 to 17 years were found.
• -26 shrimp processing establishments were inspected in July 2014 and one worker under the age of 18 years was found.

Moreover, strategic plans for the 76 garment and 26 shrimp processing establishments were formulated and implemented to create a database on labour inspection planning and to prevent any misconduct by employers. The Committee requests the Government to continue to provide information on the activities of the labour inspectorate in monitoring the worst forms of child labour and their impact, including the number of violations detected and penalties imposed.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Policy and Plan to Eliminate the Worst Forms of Child Labour. The Committee notes the Government’s information that the DLPW, in collaboration with concerned ministries, designed and implemented the National Policy and Plan to Eliminate the Worst Forms of Child Labour 2009–14. The Committee notes the Government’s indication that though the evaluation results of this policy indicated substantial progress in the implementation of its strategies and measures and efficient coordination among concerned offices, it lacked sufficient financial resources to support and enable activities to promote the various strategies and measures of the Plan. It also notes the Government’s information that based on this evaluation and ensuing recommendation, the Government has drafted the second National Policy and Plan to Eliminate the Worst Forms of Child Labour 2015–20 which is being submitted to the cabinet for approval. The Committee expresses the firm hope that the National Policy and Plan to Eliminate the Worst Forms of Child Labour 2015–20 will be adopted and implemented in the near future. It requests the Government to provide information on the concrete measures taken within the framework of this national plan and the impact of these measures towards the elimination of the worst forms of child labour.

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

Articles 3, 5 and 7(1) of the Convention. Worst forms of child labour, monitoring mechanisms and penalties. 1. Trafficking. In its previous comments, the Committee noted the various activities undertaken by the Division on the Suppression of Offences against Children, Youth and Women, established under the Royal Thai Police, to combat trafficking in persons as well as the measures taken by the Government in collaboration with the ILO–IPEC. The Committee noted, however, that 76 per cent of the foreign victims of trafficking identified were minors and that Thailand remained a source country of trafficking victims.

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

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

2. Child prostitution. In its previous comments the Committee observed that the figures provided by the Government on the number of reported child victims of commercial sexual exploitation appeared to represent only a fraction of the number of children engaged in prostitution (with previous government estimates indicating that tens of thousands of persons under 18 are victims of this worst form of child labour).

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

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

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

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

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. In its previous comments, noting the various measures taken by the Government, through the protection centres, to provide appropriate services and assistance for the protection and rehabilitation of child victims of trafficking, the Committee requested the Government to pursue its efforts in this regard.

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

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee notes the Government’s indication that in November 2012, the CCHT signed an agreement with the National Police Office of Myanmar to organize meetings and share information on trafficking in persons and transnational organized crimes. This agreement aims to enable both countries to cooperate with respect to trafficking of persons across the borders as well as in providing appropriate assistance for victims of trafficking. The Committee notes the Government’s information that owing to this cooperation, several victims of trafficking from Myanmar were identified and removed and three offenders were arrested and prosecuted in 2013. Moreover, a workshop on laws and regulations related to child labour was held from 30 July to 1 August 2014 in Chiangmai province to enhance cooperation among government offices of Thailand and Myanmar, private sectors and NGOs in the border areas as well as to provide assistance and protection to child migrant workers. A total of 105 officials participated in this workshop. The Committee also notes the Government’s information that Thailand and Australia signed an MoU to proceed with Australia-Asia Programme to Combat Trafficking in Persons to enhance capacity in judicial procedures related to trafficking of persons. The Government further indicates that in 2015, the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT), to which Thailand is a party along with Cambodia, China, Lao People’s Democratic Republic and Myanmar, adopted the draft phase 4 of the subregional Plan of Action to combat trafficking in persons.

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

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

The Government also indicates that it is in the process of initiating similar bilateral MoUs with the Governments of Malaysia, Brunei Darussalam, United Arab Emirates, China and India. Noting that cross-border trafficking remains an issue of concern in practice, the Committee encourages the Government to pursue its international cooperation efforts with regard to combating the trafficking of persons under 18. It requests the Government to continue to provide information on the concrete measures implemented in this regard, and on the results achieved.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Agricultural work. The Committee noted the copy of the Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector, BE 2548 of 2005, submitted with the Government’s report, section 8 of which states that an employer is prohibited from employing a child under 15 years of age. Section 8 also states that children 13 years or older may perform work outside of school hours which is not likely to be harmful to their health, safety or development, with the consent of their parents. The Committee also noted the Government’s statement that guidelines for inspecting young workers in the agricultural sector were set by the Department of Labour Protection and Welfare, to be implemented by labour inspectors for non-industrial establishments. The Committee further noted the information in an ILO–IPEC Technical Progress Report for the project “Support for national action to combat child labour and its worst forms in Thailand” of 10 September 2010 (ILO–IPEC TPR 2010) that awareness training was conducted for employers, workers and government or community inspectors on occupational health and safety and the use of hazardous chemicals in the agricultural sector in 2010. In addition, the Committee noted that the action programme “Improvement of Quality of Life of Agricultural Communities and Reduction of Child Labour in the Agricultural Sector in Phob Phra and Mae Sod Districts, Tak Province” was implemented within the context of the “Support for national action to combat child labour and its worst forms in Thailand” project. The Committee requests the Government to pursue its efforts with regard to protecting children working in agriculture from hazardous work. It requests the Government to provide information on the effective and time-bound measures taken in this regard, particularly the number of children reached in the agricultural sector.

Article 4(2). Identification of hazardous work. The Committee previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee noted the Government’s statement that while recommendations to the MoL on the issues of Ministerial regulations, notifications or rules concerning the execution of the Labour Protection Act is one of the duties of the Occupational Safety, Health and Environment Committee, no proposals regarding the determination of types hazardous work have so far been proposed. However, the Committee noted the information in the ILO–IPEC TPR 2010 that the MoL has taken steps to review and update the hazardous work list, and that a subcommittee on the Review and Revision of the Hazardous Work List for Minors has been established. The ILO–IPEC TPR 2010 indicated that the ILO is providing technical support on this project, and that hazardous lists from other countries of the subregion were given to the MoL. The first meeting of the subcommittee was scheduled for September 2010. The Committee requests the Government to continue to provide information on the review and update of the list of hazardous work prohibited to persons under 18 years of age, and to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously requested the Government to provide information on the number of children under 18 who were found to be engaged in hazardous work in the course of labour inspections.

The Committee noted the Government’s statement that in the year 2007, according to the labour inspection report, no cases of children engaged in hazardous work were found through labour inspections. However, the Committee noted the information in the Government’s report submitted under Convention No. 138 on Minimum Age that between October 2002 and July 2009, 33 persons with licences to operate entertainment establishments were arrested and prosecuted for violating the ban on hiring persons under 18 in these establishments. Moreover, the Committee noted that, under the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” action programmes are ongoing to address the engagement of children in hazardous work, including “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut”, “Prevention of hazardous child labour through occupational health services in Udon Thani Province” and “Collaboration for the Prevention and Elimination of Hazardous Child Labour in Samut Sakhon Province”. The Committee accordingly observed that the engagement of children in hazardous work appears to be a problem in practice in the country. It expressed its concern at the failure of the labour inspectorate to detect cases of children involved in hazardous work, despite indications that such cases exist. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work. It requests the Government to provide information on the impact of measures taken in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee previously noted that the MoL, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA of 2004). The Committee also noted the establishment of the National Committee on the Worst Forms of Child Labour (National Committee on WFCL) in 2006, and it requested information on the measures implemented by this body.

The Committee noted the information in the Government’s report that the National Committee on WFCL considered that the contents of the NPA of 2004 could not be implemented in practice, and it decided to revoke this plan. Subsequently, the National Committee on WFCL appointed the “subcommittee for the Development of the National Plan to Eliminate the Worst Forms of Child Labour and its follow-up”, to develop a more concrete plan and policy that could be practically implemented. In this regard, the Committee noted that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was developed and approved by the National Committee on WFCL in September 2008, and endorsed by cabinet in January 2009. The Government further indicated that the Department of Labour Protection and Welfare has clarified the methods for the implementation, performance assessment and reporting of this National Plan (2009–14). The Committee also noted the information in the ILO–IPEC TPR 2010 that significant progress towards the implementation of the National Plan (2009–14) has been made, including the move towards the development of provincial action plans in line with this National Plan. The Committee requests the Government to provide information on the concrete measures taken under the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) and the impact of these measures towards the elimination and eradication of the worst forms of child labour. It also requests a copy of this National Plan.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested a copy of section 287 of the Penal Code. In this regard, the Committee noted that section 287 of the Penal Code prohibits, inter alia, producing or making any document, drawing, print, picture, photograph, film or tape which is “obscene”. However, the Committee noted the information in a document entitled “UNICEF urges quick government action on child pornography” of 11 October 2010, available on the UNICEF website, that reports indicate the open display and sale in the country of graphic sexual videos involving children. In this document, UNICEF urged the Thai authorities to bring to bear “the full force of the law” on those found to be producing, distributing or selling videos or any other material related to the sexual exploitation of children, and urged the Government to investigate where and how such videos are produced. Therefore, while noting that the production of child pornography appears to be prohibited in law, the Committee noted with concern that this worst form of child labour continues to be a problem in practice. The Committee accordingly urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out in practice for persons who use, procure or offer persons under 18 years of age for the production of pornography or pornographic performances. The Committee further requests the Government to provide information on whether the involvement of children in non-recorded pornographic performances (such as live performances) is prohibited in law.

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

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

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

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

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

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

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. It also noted the information in the Government’s report that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was adopted in 2008. The Committee observed that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remained an issue of serious concern in practice. The Committee accordingly urges the Government to take comprehensive measures, including within the framework of the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14), to combat this worst form of child labour. It requests the Government to provide information on the concrete results achieved in combating the commercial sexual exploitation of children.

Article 7(1) of the Convention and Part V of the report form. Penalties and application of the Convention in practice. Trafficking. The Committee noted the information in the Government’s report that the Division on the Suppression of Offences against Children, Youth and Women undertook the collection and management of basic data. The Committee also noted the information in the Government’s report that interviews conducted by the police to determine whether foreign children were victims of trafficking revealed 112 suspected child victims of this worst form of child labour. However, the Committee observed that the trafficking of children remained a much broader phenomenon, noting the information in the UNODC Report that between October 2006 and December 2007, 416 child victims of trafficking were detected. Moreover, the Committee noted an absence of information on the number of persons investigated and prosecuted as a result of the identification of child victims of trafficking. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who traffic in children for the purpose of labour or sexual exploitation are carried out. It requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in this regard, as well as any additional information from the Division on the Suppression of Offences against Children, Youth and Women on the prevalence of the trafficking of children. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. Services for child victims of trafficking. The Committee previously noted the various measures adopted by the MSDHS to assist child victims of trafficking, and noted that 3,062 foreign trafficking victims had been protected in Thai shelters and repatriated to their home countries.

The Committee noted the information in the Government’s report that the specific policies to combat trafficking announced include measures to protect victims, such as the provision of assistance to those at risk of trafficking, the establishment of a fund to assist victims of trafficking and campaigns to eliminate discriminatory attitudes against victims of trafficking to facilitate their reintegration into communities. The Committee also noted the Government’s statement that the Baan Kred Trakarn Protection and Occupational Development Centre was established, and a learning centre was developed as part of its holistic assistance to victims of trafficking. Services provided to trafficked women and children through these centres included the provision of basic necessities, education, vocational training and assistance with psychological recovery. The Government also indicated that the four Protection and Development Centres in Ranong, Pratumthani, Songhkla and Chaing Rai provide assistance, protection and rehabilitation services to victims. The Government further indicated that the Division on the Suppression of Offences against Children, Youth and Women coordinated with agencies involved in the rehabilitation and repatriation of trafficking victims. Lastly, the Committee noted the information in the Government’s report that the National Policy and Plan for the Elimination of the Worst Forms of Child Labour (2009–14) included measures to integrate children back into society by preparing their families and communities for their return, to repatriate children in a manner consistent with their needs and safety, and to follow-up on their reintegration, following rehabilitation. The Committee takes due note of the measures implemented by the Government, and requests it to pursue it efforts to provide direct assistance to child victims of trafficking, with a view to ensuring that victims of trafficking under the age of 18 receive appropriate services for their rehabilitation and social reintegration with child participation.

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. The Committee therefore once again requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act.

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee previously noted several measures taken by the Government to combat trafficking at the regional level, including meetings of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT). The Committee requested information on measures taken in this regard and on the concrete measures adopted under bilateral memoranda of understanding (MoUs) for the elimination of the interstate trafficking of children.

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

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

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret 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 matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Agricultural work. The Committee noted the copy of the Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector, BE 2548 of 2005, submitted with the Government’s report, section 8 of which states that an employer is prohibited from employing a child under 15 years of age. Section 8 also states that children 13 years or older may perform work outside of school hours which is not likely to be harmful to their health, safety or development, with the consent of their parents. The Committee also noted the Government’s statement that guidelines for inspecting young workers in the agricultural sector were set by the Department of Labour Protection and Welfare, to be implemented by labour inspectors for non-industrial establishments. The Committee further noted the information in an ILO–IPEC Technical Progress Report for the project “Support for national action to combat child labour and its worst forms in Thailand” of 10 September 2010 (ILO–IPEC TPR 2010) that awareness training was conducted for employers, workers and government or community inspectors on occupational health and safety and the use of hazardous chemicals in the agricultural sector in 2010. In addition, the Committee noted that the action programme “Improvement of Quality of Life of Agricultural Communities and Reduction of Child Labour in the Agricultural Sector in Phob Phra and Mae Sod Districts, Tak Province” was implemented within the context of the “Support for national action to combat child labour and its worst forms in Thailand” project. The Committee requests the Government to pursue its efforts with regard to protecting children working in agriculture from hazardous work. It requests the Government to provide information on the effective and time-bound measures taken in this regard, particularly the number of children reached in the agricultural sector.

Article 4(2). Identification of hazardous work. The Committee previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee noted the Government’s statement that while recommendations to the MoL on the issues of Ministerial regulations, notifications or rules concerning the execution of the Labour Protection Act is one of the duties of the Occupational Safety, Health and Environment Committee, no proposals regarding the determination of types hazardous work have so far been proposed. However, the Committee noted the information in the ILO–IPEC TPR 2010 that the MoL has taken steps to review and update the hazardous work list, and that a subcommittee on the Review and Revision of the Hazardous Work List for Minors has been established. The ILO–IPEC TPR 2010 indicated that the ILO is providing technical support on this project, and that hazardous lists from other countries of the subregion were given to the MoL. The first meeting of the subcommittee was scheduled for September 2010. The Committee requests the Government to continue to provide information on the review and update of the list of hazardous work prohibited to persons under 18 years of age, and to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously requested the Government to provide information on the number of children under 18 who were found to be engaged in hazardous work in the course of labour inspections.

The Committee noted the Government’s statement that in the year 2007, according to the labour inspection report, no cases of children engaged in hazardous work were found through labour inspections. However, the Committee noted the information in the Government’s report submitted under Convention No. 138 on Minimum Age that between October 2002 and July 2009, 33 persons with licences to operate entertainment establishments were arrested and prosecuted for violating the ban on hiring persons under 18 in these establishments. Moreover, the Committee noted that, under the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” action programmes are ongoing to address the engagement of children in hazardous work, including “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut”, “Prevention of hazardous child labour through occupational health services in Udon Thani Province” and “Collaboration for the Prevention and Elimination of Hazardous Child Labour in Samut Sakhon Province”. The Committee accordingly observed that the engagement of children in hazardous work appears to be a problem in practice in the country. It expressed its concern at the failure of the labour inspectorate to detect cases of children involved in hazardous work, despite indications that such cases exist. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work. It requests the Government to provide information on the impact of measures taken in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee previously noted that the MoL, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA of 2004). The Committee also noted the establishment of the National Committee on the Worst Forms of Child Labour (National Committee on WFCL) in 2006, and it requested information on the measures implemented by this body.

The Committee noted the information in the Government’s report that the National Committee on WFCL considered that the contents of the NPA of 2004 could not be implemented in practice, and it decided to revoke this plan. Subsequently, the National Committee on WFCL appointed the “subcommittee for the Development of the National Plan to Eliminate the Worst Forms of Child Labour and its follow-up”, to develop a more concrete plan and policy that could be practically implemented. In this regard, the Committee noted that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was developed and approved by the National Committee on WFCL in September 2008, and endorsed by cabinet in January 2009. The Government further indicated that the Department of Labour Protection and Welfare has clarified the methods for the implementation, performance assessment and reporting of this National Plan (2009–14). The Committee also noted the information in the ILO–IPEC TPR 2010 that significant progress towards the implementation of the National Plan (2009–14) has been made, including the move towards the development of provincial action plans in line with this National Plan. The Committee requests the Government to provide information on the concrete measures taken under the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) and the impact of these measures towards the elimination and eradication of the worst forms of child labour. It also requests a copy of this National Plan.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested a copy of section 287 of the Penal Code. In this regard, the Committee noted that section 287 of the Penal Code prohibits, inter alia, producing or making any document, drawing, print, picture, photograph, film or tape which is “obscene”. However, the Committee noted the information in a document entitled “UNICEF urges quick government action on child pornography” of 11 October 2010, available on the UNICEF website, that reports indicate the open display and sale in the country of graphic sexual videos involving children. In this document, UNICEF urged the Thai authorities to bring to bear “the full force of the law” on those found to be producing, distributing or selling videos or any other material related to the sexual exploitation of children, and urged the Government to investigate where and how such videos are produced. Therefore, while noting that the production of child pornography appears to be prohibited in law, the Committee noted with concern that this worst form of child labour continues to be a problem in practice. The Committee accordingly urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out in practice for persons who use, procure or offer persons under 18 years of age for the production of pornography or pornographic performances. The Committee further requests the Government to provide information on whether the involvement of children in non-recorded pornographic performances (such as live performances) is prohibited in law.

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

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

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

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

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

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

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. It also noted the information in the Government’s report that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was adopted in 2008. The Committee observed that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remained an issue of serious concern in practice. The Committee accordingly urges the Government to take comprehensive measures, including within the framework of the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14), to combat this worst form of child labour. It requests the Government to provide information on the concrete results achieved in combating the commercial sexual exploitation of children.

Article 7(1) of the Convention and Part V of the report form. Penalties and application of the Convention in practice. 1. Trafficking. The Committee noted the information in the Government’s report that the Division on the Suppression of Offences against Children, Youth and Women undertook the collection and management of basic data. The Committee also noted the information in the Government’s report that interviews conducted by the police to determine whether foreign children were victims of trafficking revealed 112 suspected child victims of this worst form of child labour. However, the Committee observed that the trafficking of children remained a much broader phenomenon, noting the information in the UNODC Report that between October 2006 and December 2007, 416 child victims of trafficking were detected. Moreover, the Committee noted an absence of information on the number of persons investigated and prosecuted as a result of the identification of child victims of trafficking. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who traffic in children for the purpose of labour or sexual exploitation are carried out. It requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in this regard, as well as any additional information from the Division on the Suppression of Offences against Children, Youth and Women on the prevalence of the trafficking of children. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. 1. Services for child victims of trafficking. The Committee previously noted the various measures adopted by the MSDHS to assist child victims of trafficking, and noted that 3,062 foreign trafficking victims had been protected in Thai shelters and repatriated to their home countries.

The Committee noted the information in the Government’s report that the specific policies to combat trafficking announced include measures to protect victims, such as the provision of assistance to those at risk of trafficking, the establishment of a fund to assist victims of trafficking and campaigns to eliminate discriminatory attitudes against victims of trafficking to facilitate their reintegration into communities. The Committee also noted the Government’s statement that the Baan Kred Trakarn Protection and Occupational Development Centre was established, and a learning centre was developed as part of its holistic assistance to victims of trafficking. Services provided to trafficked women and children through these centres included the provision of basic necessities, education, vocational training and assistance with psychological recovery. The Government also indicated that the four Protection and Development Centres in Ranong, Pratumthani, Songhkla and Chaing Rai provide assistance, protection and rehabilitation services to victims. The Government further indicated that the Division on the Suppression of Offences against Children, Youth and Women coordinated with agencies involved in the rehabilitation and repatriation of trafficking victims. Lastly, the Committee noted the information in the Government’s report that the National Policy and Plan for the Elimination of the Worst Forms of Child Labour (2009–14) included measures to integrate children back into society by preparing their families and communities for their return, to repatriate children in a manner consistent with their needs and safety, and to follow-up on their reintegration, following rehabilitation. The Committee takes due note of the measures implemented by the Government, and requests it to pursue it efforts to provide direct assistance to child victims of trafficking, with a view to ensuring that victims of trafficking under the age of 18 receive appropriate services for their rehabilitation and social reintegration with child participation.

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. The Committee therefore once again requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act.

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee previously noted several measures taken by the Government to combat trafficking at the regional level, including meetings of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT). The Committee requested information on measures taken in this regard and on the concrete measures adopted under bilateral MOUs for the elimination of the interstate trafficking of children.

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

The Committee recalls that it raised other matters in a request addressed directly to the Government.

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

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

The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Agricultural work. The Committee previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It also noted information from the Ministry of Labour (MoL) that many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. However, the Committee noted the Government’s indication that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, and requested a copy of this regulation. It also requested information on measures taken to protect children working in agriculture from hazardous work.

The Committee noted the copy of the Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector, BE 2548 of 2005, submitted with the Government’s report, section 8 of which states that an employer is prohibited from employing a child under 15 years of age. Section 8 also states that children 13 years or older may perform work outside of school hours which is not likely to be harmful to their health, safety or development, with the consent of their parents. The Committee also noted the Government’s statement that guidelines for inspecting young workers in the agricultural sector were set by the Department of Labour Protection and Welfare, to be implemented by labour inspectors for non-industrial establishments. The Committee further noted the information in an ILO–IPEC Technical Progress Report for the project “Support for national action to combat child labour and its worst forms in Thailand” of 10 September 2010 (ILO–IPEC TPR 2010) that awareness training was conducted for employers, workers and government or community inspectors on occupational health and safety and the use of hazardous chemicals in the agricultural sector in 2010. In addition, the Committee noted that the action programme “Improvement of Quality of Life of Agricultural Communities and Reduction of Child Labour in the Agricultural Sector in Phob Phra and Mae Sod Districts, Tak Province” was implemented within the context of the “Support for national action to combat child labour and its worst forms in Thailand” project. The Committee requests the Government to pursue its efforts with regard to protecting children working in agriculture from hazardous work. It requests the Government to provide information on the effective and time-bound measures taken in this regard, particularly the number of children reached in the agricultural sector.

Article 4(2). Identification of hazardous work. The Committee previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee noted the Government’s statement that while recommendations to the MoL on the issues of Ministerial regulations, notifications or rules concerning the execution of the Labour Protection Act is one of the duties of the Occupational Safety, Health and Environment Committee, no proposals regarding the determination of types hazardous work have so far been proposed. However, the Committee noted the information in the ILO–IPEC TPR 2010 that the MoL has taken steps to review and update the hazardous work list, and that a subcommittee on the Review and Revision of the Hazardous Work List for Minors has been established. The ILO–IPEC TPR 2010 indicated that the ILO is providing technical support on this project, and that hazardous lists from other countries of the subregion were given to the MoL. The first meeting of the subcommittee was scheduled for September 2010. The Committee requests the Government to continue to provide information on the review and update of the list of hazardous work prohibited to persons under 18 years of age, and to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously requested the Government to provide information on the number of children under 18 who were found to be engaged in hazardous work in the course of labour inspections.

The Committee noted the Government’s statement that in the year 2007, according to the labour inspection report, no cases of children engaged in hazardous work were found through labour inspections. However, the Committee noted the information in the Government’s report submitted under Convention No. 138 on Minimum Age that between October 2002 and July 2009, 33 persons with licences to operate entertainment establishments were arrested and prosecuted for violating the ban on hiring persons under 18 in these establishments. Moreover, the Committee noted that, under the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” action programmes are ongoing to address the engagement of children in hazardous work, including “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut”, “Prevention of hazardous child labour through occupational health services in Udon Thani Province” and “Collaboration for the Prevention and Elimination of Hazardous Child Labour in Samut Sakhon Province”. The Committee accordingly observed that the engagement of children in hazardous work appears to be a problem in practice in the country. It expressed its concern at the failure of the labour inspectorate to detect cases of children involved in hazardous work, despite indications that such cases exist. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work. It requests the Government to provide information on the impact of measures taken in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee previously noted that the MoL, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA of 2004). The Committee also noted the establishment of the National Committee on the Worst Forms of Child Labour (National Committee on WFCL) in 2006, and it requested information on the measures implemented by this body.

The Committee noted the information in the Government’s report that the National Committee on WFCL considered that the contents of the NPA of 2004 could not be implemented in practice, and it decided to revoke this plan. Subsequently, the National Committee on WFCL appointed the “subcommittee for the Development of the National Plan to Eliminate the Worst Forms of Child Labour and its follow-up”, to develop a more concrete plan and policy that could be practically implemented. In this regard, the Committee noted that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was developed and approved by the National Committee on WFCL in September 2008, and endorsed by cabinet in January 2009. The Government further indicated that the Department of Labour Protection and Welfare has clarified the methods for the implementation, performance assessment and reporting of this National Plan (2009–14). The Committee also noted the information in the ILO–IPEC TPR 2010 that significant progress towards the implementation of the National Plan (2009–14) has been made, including the move towards the development of provincial action plans in line with this National Plan. The Committee requests the Government to provide information on the concrete measures taken under the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) and the impact of these measures towards the elimination and eradication of the worst forms of child labour. It also requests a copy of this National Plan.

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

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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested a copy of section 287 of the Penal Code. In this regard, the Committee noted that section 287 of the Penal Code prohibits, inter alia, producing or making any document, drawing, print, picture, photograph, film or tape which is “obscene”. However, the Committee noted the information in a document entitled “UNICEF urges quick government action on child pornography” of 11 October 2010, available on the UNICEF website, that reports indicate the open display and sale in the country of graphic sexual videos involving children. In this document, UNICEF urged the Thai authorities to bring to bear “the full force of the law” on those found to be producing, distributing or selling videos or any other material related to the sexual exploitation of children, and urged the Government to investigate where and how such videos are produced. Therefore, while noting that the production of child pornography appears to be prohibited in law, the Committee noted with concern that this worst form of child labour continues to be a problem in practice. The Committee accordingly urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out in practice for persons who use, procure or offer persons under 18 years of age for the production of pornography or pornographic performances. The Committee further requests the Government to provide information on whether the involvement of children in non-recorded pornographic performances (such as live performances) is prohibited in law.

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

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

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

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

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

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

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. It also noted the information in the Government’s report that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was adopted in 2008. The Committee observed that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remained an issue of serious concern in practice. The Committee accordingly urges the Government to take comprehensive measures, including within the framework of the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14), to combat this worst form of child labour. It requests the Government to provide information on the concrete results achieved in combating the commercial sexual exploitation of children.

Article 7(1) of the Convention and Part V of the report form. Penalties and application of the Convention in practice. 1. Trafficking. The Committee noted the information in the Government’s report that the Division on the Suppression of Offences against Children, Youth and Women undertook the collection and management of basic data. The Committee also noted the information in the Government’s report that interviews conducted by the police to determine whether foreign children were victims of trafficking revealed 112 suspected child victims of this worst form of child labour. However, the Committee observed that the trafficking of children remained a much broader phenomenon, noting the information in the UNODC Report that between October 2006 and December 2007, 416 child victims of trafficking were detected. Moreover, the Committee noted an absence of information on the number of persons investigated and prosecuted as a result of the identification of child victims of trafficking. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who traffic in children for the purpose of labour or sexual exploitation are carried out. It requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in this regard, as well as any additional information from the Division on the Suppression of Offences against Children, Youth and Women on the prevalence of the trafficking of children. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. 1. Services for child victims of trafficking. The Committee previously noted the various measures adopted by the MSDHS to assist child victims of trafficking, and noted that 3,062 foreign trafficking victims had been protected in Thai shelters and repatriated to their home countries.

The Committee noted the information in the Government’s report that the specific policies to combat trafficking announced include measures to protect victims, such as the provision of assistance to those at risk of trafficking, the establishment of a fund to assist victims of trafficking and campaigns to eliminate discriminatory attitudes against victims of trafficking to facilitate their reintegration into communities. The Committee also noted the Government’s statement that the Baan Kred Trakarn Protection and Occupational Development Centre was established, and a learning centre was developed as part of its holistic assistance to victims of trafficking. Services provided to trafficked women and children through these centres included the provision of basic necessities, education, vocational training and assistance with psychological recovery. The Government also indicated that the four Protection and Development Centres in Ranong, Pratumthani, Songhkla and Chaing Rai provide assistance, protection and rehabilitation services to victims. The Government further indicated that the Division on the Suppression of Offences against Children, Youth and Women coordinated with agencies involved in the rehabilitation and repatriation of trafficking victims. Lastly, the Committee noted the information in the Government’s report that the National Policy and Plan for the Elimination of the Worst Forms of Child Labour (2009–14) included measures to integrate children back into society by preparing their families and communities for their return, to repatriate children in a manner consistent with their needs and safety, and to follow-up on their reintegration, following rehabilitation. The Committee takes due note of the measures implemented by the Government, and requests it to pursue it efforts to provide direct assistance to child victims of trafficking, with a view to ensuring that victims of trafficking under the age of 18 receive appropriate services for their rehabilitation and social reintegration with child participation.

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. The Committee therefore once again requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act.

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee previously noted several measures taken by the Government to combat trafficking at the regional level, including meetings of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT). The Committee requested information on measures taken in this regard and on the concrete measures adopted under bilateral MOUs for the elimination of the interstate trafficking of children.

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

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

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

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

The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Agricultural work. The Committee previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It also noted information from the Ministry of Labour (MoL) that many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. However, the Committee noted the Government’s indication that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, and requested a copy of this regulation. It also requested information on measures taken to protect children working in agriculture from hazardous work.

The Committee notes the copy of the Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector, BE 2548 of 2005, submitted with the Government’s report, section 8 of which states that an employer is prohibited from employing a child under 15 years of age. Section 8 also states that children 13 years or older may perform work outside of school hours which is not likely to be harmful to their health, safety or development, with the consent of their parents. The Committee also notes the Government’s statement that guidelines for inspecting young workers in the agricultural sector were set by the Department of Labour Protection and Welfare, to be implemented by labour inspectors for non-industrial establishments. The Committee further notes the information in an ILO–IPEC Technical Progress Report for the project “Support for national action to combat child labour and its worst forms in Thailand” of 10 September 2010 (ILO–IPEC TPR 2010) that awareness training was conducted for employers, workers and government or community inspectors on occupational health and safety and the use of hazardous chemicals in the agricultural sector in 2010. In addition, the Committee notes that the action programme “Improvement of Quality of Life of Agricultural Communities and Reduction of Child Labour in the Agricultural Sector in Phob Phra and Mae Sod Districts, Tak Province” was implemented within the context of the “Support for national action to combat child labour and its worst forms in Thailand” project. The Committee requests the Government to pursue its efforts with regard to protecting children working in agriculture from hazardous work. It requests the Government to provide information on the effective and time-bound measures taken in this regard, particularly the number of children reached in the agricultural sector.

Article 4(2). Identification of hazardous work. The Committee previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee notes the Government’s statement that while recommendations to the MoL on the issues of Ministerial regulations, notifications or rules concerning the execution of the Labour Protection Act is one of the duties of the Occupational Safety, Health and Environment Committee, no proposals regarding the determination of types hazardous work have so far been proposed. However, the Committee notes the information in the ILO–IPEC TPR 2010 that the MoL has taken steps to review and update the hazardous work list, and that a subcommittee on the Review and Revision of the Hazardous Work List for Minors has been established. The ILO–IPEC TPR 2010 indicates that the ILO is providing technical support on this project, and that hazardous lists from other countries of the subregion were given to the MoL. The first meeting of the subcommittee was scheduled for September 2010. The Committee requests the Government to continue to provide information on the review and update of the list of hazardous work prohibited to persons under 18 years of age, and to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously requested the Government to provide information on the number of children under 18 who were found to be engaged in hazardous work in the course of labour inspections.

The Committee notes the Government’s statement that in the year 2007, according to the labour inspection report, no cases of children engaged in hazardous work were found through labour inspections. However, the Committee notes the information in the Government’s report submitted under Convention No. 138 on Minimum Age that between October 2002 and July 2009, 33 persons with licences to operate entertainment establishments were arrested and prosecuted for violating the ban on hiring persons under 18 in these establishments. Moreover, the Committee notes that, under the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” action programmes are ongoing to address the engagement of children in hazardous work, including “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut”, “Prevention of hazardous child labour through occupational health services in Udon Thani Province” and “Collaboration for the Prevention and Elimination of Hazardous Child Labour in Samut Sakhon Province”. The Committee accordingly observes that the engagement of children in hazardous work appears to be a problem in practice in the country. It expresses its concern at the failure of the labour inspectorate to detect cases of children involved in hazardous work, despite indications that such cases exist. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work. It requests the Government to provide information on the impact of measures taken in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee previously noted that the MoL, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA of 2004). The Committee also noted the establishment of the National Committee on the Worst Forms of Child Labour (National Committee on WFCL) in 2006, and it requested information on the measures implemented by this body.

The Committee notes the information in the Government’s report that the National Committee on WFCL considered that the contents of the NPA of 2004 could not be implemented in practice, and it decided to revoke this plan. Subsequently, the National Committee on WFCL appointed the “subcommittee for the Development of the National Plan to Eliminate the Worst Forms of Child Labour and its follow-up”, to develop a more concrete plan and policy that could be practically implemented. In this regard, the Committee notes that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was developed and approved by the National Committee on WFCL in September 2008, and endorsed by cabinet in January 2009. The Government further indicates that the Department of Labour Protection and Welfare has clarified the methods for the implementation, performance assessment and reporting of this National Plan (2009–14). The Committee also notes the information in the ILO–IPEC TPR 2010 that significant progress towards the implementation of the National Plan (2009–14) has been made, including the move towards the development of provincial action plans in line with this National Plan. The Committee requests the Government to provide information on the concrete measures taken under the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) and the impact of these measures towards the elimination and eradication of the worst forms of child labour. It also requests a copy of this National Plan.

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

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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested a copy of section 287 of the Penal Code. In this regard, the Committee noted that section 287 of the Penal Code prohibits, inter alia, producing or making any document, drawing, print, picture, photograph, film or tape which is “obscene”. However, the Committee noted the information in a document entitled “UNICEF urges quick government action on child pornography” of 11 October 2010, available on the UNICEF website, that reports indicate the open display and sale in the country of graphic sexual videos involving children. In this document, UNICEF urged the Thai authorities to bring to bear “the full force of the law” on those found to be producing, distributing or selling videos or any other material related to the sexual exploitation of children, and urged the Government to investigate where and how such videos are produced. Therefore, while noting that the production of child pornography appears to be prohibited in law, the Committee noted with concern that this worst form of child labour continues to be a problem in practice. The Committee accordingly urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out in practice for persons who use, procure or offer persons under 18 years of age for the production of pornography or pornographic performances. The Committee further requests the Government to provide information on whether the involvement of children in non-recorded pornographic performances (such as live performances) is prohibited in law.

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

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

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

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

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

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

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. It also noted the information in the Government’s report that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was adopted in 2008. The Committee observed that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remained an issue of serious concern in practice. The Committee accordingly urges the Government to take comprehensive measures, including within the framework of the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14), to combat this worst form of child labour. It requests the Government to provide information on the concrete results achieved in combating the commercial sexual exploitation of children.

Article 7(1) of the Convention and Part V of the report form. Penalties and the application of the Convention in practice. 1. Trafficking. The Committee noted the information in the Government’s report that the Division on the Suppression of Offences against Children, Youth and Women undertook the collection and management of basic data. The Committee also noted the information in the Government’s report that interviews conducted by the police to determine whether foreign children were victims of trafficking revealed 112 suspected child victims of this worst form of child labour. However, the Committee observed that the trafficking of children remained a much broader phenomenon, noting the information in the UNODC Report that between October 2006 and December 2007, 416 child victims of trafficking were detected. Moreover, the Committee noted an absence of information on the number of persons investigated and prosecuted as a result of the identification of child victims of trafficking. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who traffic in children for the purpose of labour or sexual exploitation are carried out. It requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied in this regard, as well as any additional information from the Division on the Suppression of Offences against Children, Youth and Women on the prevalence of the trafficking of children. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. 1. Services for child victims of trafficking. The Committee previously noted the various measures adopted by the MSDHS to assist child victims of trafficking, and noted that 3,062 foreign trafficking victims had been protected in Thai shelters and repatriated to their home countries.

The Committee noted the information in the Government’s report that the specific policies to combat trafficking announced include measures to protect victims, such as the provision of assistance to those at risk of trafficking, the establishment of a fund to assist victims of trafficking and campaigns to eliminate discriminatory attitudes against victims of trafficking to facilitate their reintegration into communities. The Committee also noted the Government’s statement that the Baan Kred Trakarn Protection and Occupational Development Centre was established, and a learning centre was developed as part of its holistic assistance to victims of trafficking. Services provided to trafficked women and children through these centres included the provision of basic necessities, education, vocational training and assistance with psychological recovery. The Government also indicated that the four Protection and Development Centres in Ranong, Pratumthani, Songhkla and Chaing Rai provide assistance, protection and rehabilitation services to victims. The Government further indicated that the Division on the Suppression of Offences against Children, Youth and Women coordinated with agencies involved in the rehabilitation and repatriation of trafficking victims. Lastly, the Committee noted the information in the Government’s report that the National Policy and Plan for the Elimination of the Worst Forms of Child Labour (2009–14) included measures to integrate children back into society by preparing their families and communities for their return, to repatriate children in a manner consistent with their needs and safety, and to follow-up on their reintegration, following rehabilitation. The Committee takes due note of the measures implemented by the Government, and requests it to pursue it efforts to provide direct assistance to child victims of trafficking, with a view to ensuring that victims of trafficking under the age of 18 receive appropriate services for their rehabilitation and social reintegration with child participation.

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. The Committee therefore once again requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act.

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee previously noted several measures taken by the Government to combat trafficking at the regional level, including meetings of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT). The Committee requested information on measures taken in this regard and on the concrete measures adopted under bilateral MOUs for the elimination of the interstate trafficking of children.

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

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

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

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

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 matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Agricultural work. The Committee previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It also noted information from the Ministry of Labour (MoL) that many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. However, the Committee noted the Government’s indication that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, and requested a copy of this regulation. It also requested information on measures taken to protect children working in agriculture from hazardous work.

The Committee notes the copy of the Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector, BE 2548 of 2005, submitted with the Government’s report, section 8 of which states that an employer is prohibited from employing a child under 15 years of age. Section 8 also states that children 13 years or older may perform work outside of school hours which is not likely to be harmful to their health, safety or development, with the consent of their parents. The Committee also notes the Government’s statement that guidelines for inspecting young workers in the agricultural sector were set by the Department of Labour Protection and Welfare, to be implemented by labour inspectors for non-industrial establishments. The Committee further notes the information in an ILO–IPEC Technical Progress Report for the project “Support for national action to combat child labour and its worst forms in Thailand” of 10 September 2010 (ILO–IPEC TPR 2010) that awareness training was conducted for employers, workers and government or community inspectors on occupational health and safety and the use of hazardous chemicals in the agricultural sector in 2010. In addition, the Committee notes that the action programme “Improvement of Quality of Life of Agricultural Communities and Reduction of Child Labour in the Agricultural Sector in Phob Phra and Mae Sod Districts, Tak Province” was implemented within the context of the “Support for national action to combat child labour and its worst forms in Thailand” project. The Committee requests the Government to pursue its efforts with regard to protecting children working in agriculture from hazardous work. It requests the Government to provide information on the effective and time-bound measures taken in this regard, particularly the number of children reached in the agricultural sector.

Article 4(2). Identification of hazardous work. The Committee previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee notes the Government’s statement that while recommendations to the MoL on the issues of Ministerial regulations, notifications or rules concerning the execution of the Labour Protection Act is one of the duties of the Occupational Safety, Health and Environment Committee, no proposals regarding the determination of types hazardous work have so far been proposed. However, the Committee notes the information in the ILO–IPEC TPR 2010 that the MoL has taken steps to review and update the hazardous work list, and that a subcommittee on the Review and Revision of the Hazardous Work List for Minors has been established. The ILO–IPEC TPR 2010 indicates that the ILO is providing technical support on this project, and that hazardous lists from other countries of the subregion were given to the MoL. The first meeting of the subcommittee was scheduled for September 2010. The Committee requests the Government to continue to provide information on the review and update of the list of hazardous work prohibited to persons under 18 years of age, and to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously requested the Government to provide information on the number of children under 18 who were found to be engaged in hazardous work in the course of labour inspections.

The Committee notes the Government’s statement that in the year 2007, according to the labour inspection report, no cases of children engaged in hazardous work were found through labour inspections. However, the Committee notes the information in the Government’s report submitted under Convention No. 138 on Minimum Age that between October 2002 and July 2009, 33 persons with licences to operate entertainment establishments were arrested and prosecuted for violating the ban on hiring persons under 18 in these establishments. Moreover, the Committee notes that, under the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” action programmes are ongoing to address the engagement of children in hazardous work, including “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut”, “Prevention of hazardous child labour through occupational health services in Udon Thani Province” and “Collaboration for the Prevention and Elimination of Hazardous Child Labour in Samut Sakhon Province”. The Committee accordingly observes that the engagement of children in hazardous work appears to be a problem in practice in the country. It expresses its concern at the failure of the labour inspectorate to detect cases of children involved in hazardous work, despite indications that such cases exist. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work. It requests the Government to provide information on the impact of measures taken in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee previously noted that the MoL, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA of 2004). The Committee also noted the establishment of the National Committee on the Worst Forms of Child Labour (National Committee on WFCL) in 2006, and it requested information on the measures implemented by this body.

The Committee notes the information in the Government’s report that the National Committee on WFCL considered that the contents of the NPA of 2004 could not be implemented in practice, and it decided to revoke this plan. Subsequently, the National Committee on WFCL appointed the “subcommittee for the Development of the National Plan to Eliminate the Worst Forms of Child Labour and its follow-up”, to develop a more concrete plan and policy that could be practically implemented. In this regard, the Committee notes that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was developed and approved by the National Committee on WFCL in September 2008, and endorsed by cabinet in January 2009. The Government further indicates that the Department of Labour Protection and Welfare has clarified the methods for the implementation, performance assessment and reporting of this National Plan (2009–14). The Committee also notes the information in the ILO–IPEC TPR 2010 that significant progress towards the implementation of the National Plan (2009–14) has been made, including the move towards the development of provincial action plans in line with this National Plan. The Committee requests the Government to provide information on the concrete measures taken under the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) and the impact of these measures towards the elimination and eradication of the worst forms of child labour. It also requests a copy of this National Plan.

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

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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously requested a copy of section 287 of the Penal Code. In this regard, the Committee noted that section 287 of the Penal Code prohibits, inter alia, producing or making any document, drawing, print, picture, photograph, film or tape which is “obscene”. However, the Committee noted the information in a document entitled “UNICEF urges quick government action on child pornography” of 11 October 2010, available on the UNICEF website, that reports indicate the open display and sale in the country of graphic sexual videos involving children. In this document, UNICEF urged the Thai authorities to bring to bear “the full force of the law” on those found to be producing, distributing or selling videos or any other material related to the sexual exploitation of children, and urged the Government to investigate where and how such videos are produced. Therefore, while noting that the production of child pornography appears to be prohibited in law, the Committee noted with concern that this worst form of child labour continues to be a problem in practice. The Committee accordingly urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out in practice for persons who use, procure or offer persons under 18 years of age for the production of pornography or pornographic performances. The Committee further requests the Government to provide information on whether the involvement of children in non-recorded pornographic performances (such as live performances) is prohibited in law.

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

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

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

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

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

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

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. It also noted the information in the Government’s report that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was adopted in 2008. The Committee observed that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remained an issue of serious concern in practice. The Committee accordingly urges the Government to take comprehensive measures, including within the framework of the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14), to combat this worst form of child labour. It requests the Government to provide information on the concrete results achieved in combating the commercial sexual exploitation of children.

Article 7(1) of the Convention and Part V of the report form. Penalties and the application of the Convention in practice. 1. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted that the enforcement of the existing penalties for the offences of child trafficking and child commercial exploitation were very ineffective. However, it noted the Government’s indication that, according to the statistical figures of the Office of the Court of Justice, in the period 2003–04 there were 823 prosecutions concerning the offences of procuring and trafficking children for the purposes of prostitution and sexual abuse under the Penal Code. It welcomed the Government’s efforts to develop a more comprehensive system of data collection and analysis of these offences, and requested that the Government provide statistical information on the trafficking and commercial sexual exploitation of children.

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

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

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. 1. Services for child victims of trafficking. The Committee previously noted the various measures adopted by the MSDHS to assist child victims of trafficking, and noted that 3,062 foreign trafficking victims had been protected in Thai shelters and repatriated to their home countries.

The Committee noted the information in the Government’s report that the specific policies to combat trafficking announced include measures to protect victims, such as the provision of assistance to those at risk of trafficking, the establishment of a fund to assist victims of trafficking and campaigns to eliminate discriminatory attitudes against victims of trafficking to facilitate their reintegration into communities. The Committee also noted the Government’s statement that the Baan Kred Trakarn Protection and Occupational Development Centre was established, and a learning centre was developed as part of its holistic assistance to victims of trafficking. Services provided to trafficked women and children through these centres included the provision of basic necessities, education, vocational training and assistance with psychological recovery. The Government also indicated that the four Protection and Development Centres in Ranong, Pratumthani, Songhkla and Chaing Rai provide assistance, protection and rehabilitation services to victims. The Government further indicated that the Division on the Suppression of Offences against Children, Youth and Women coordinated with agencies involved in the rehabilitation and repatriation of trafficking victims. Lastly, the Committee noted the information in the Government’s report that the National Policy and Plan for the Elimination of the Worst Forms of Child Labour (2009–14) included measures to integrate children back into society by preparing their families and communities for their return, to repatriate children in a manner consistent with their needs and safety, and to follow-up on their reintegration, following rehabilitation. The Committee takes due note of the measures implemented by the Government, and requests it to pursue it efforts to provide direct assistance to child victims of trafficking, with a view to ensuring that victims of trafficking under the age of 18 receive appropriate services for their rehabilitation and social reintegration with child participation.

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

The Committee noted the Government’s statement that it was in the process of collecting information from relevant agencies on this point. The Committee therefore once again requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act.

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee previously noted several measures taken by the Government to combat trafficking at the regional level, including meetings of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT). The Committee requested information on measures taken in this regard and on the concrete measures adopted under bilateral MOUs for the elimination of the interstate trafficking of children.

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Agricultural work. The Committee previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It also noted information from the Ministry of Labour (MoL) that many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. However, the Committee noted the Government’s indication that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, and requested a copy of this regulation. It also requested information on measures taken to protect children working in agriculture from hazardous work.

The Committee notes the copy of the Ministerial Regulation concerning the Labour Protection Act in the Agricultural Sector, BE 2548 of 2005, submitted with the Government’s report, section 8 of which states that an employer is prohibited from employing a child under 15 years of age. Section 8 also states that children 13 years or older may perform work outside of school hours which is not likely to be harmful to their health, safety or development, with the consent of their parents. The Committee also notes the Government’s statement that guidelines for inspecting young workers in the agricultural sector were set by the Department of Labour Protection and Welfare, to be implemented by labour inspectors for non-industrial establishments. The Committee further notes the information in an ILO–IPEC Technical Progress Report for the project “Support for national action to combat child labour and its worst forms in Thailand” of 10 September 2010 (ILO–IPEC TPR 2010) that awareness training was conducted for employers, workers and government or community inspectors on occupational health and safety and the use of hazardous chemicals in the agricultural sector in 2010. In addition, the Committee notes that the action programme “Improvement of Quality of Life of Agricultural Communities and Reduction of Child Labour in the Agricultural Sector in Phob Phra and Mae Sod Districts, Tak Province” was implemented within the context of the “Support for national action to combat child labour and its worst forms in Thailand” project. The Committee requests the Government to pursue its efforts with regard to protecting children working in agriculture from hazardous work. It requests the Government to provide information on the effective and time-bound measures taken in this regard, particularly the number of children reached in the agricultural sector.

Article 4(2). Identification of hazardous work. The Committee previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee notes the Government’s statement that while recommendations to the MoL on the issues of Ministerial regulations, notifications or rules concerning the execution of the Labour Protection Act is one of the duties of the Occupational Safety, Health and Environment Committee, no proposals regarding the determination of types hazardous work have so far been proposed. However, the Committee notes the information in the ILO–IPEC TPR 2010 that the MoL has taken steps to review and update the hazardous work list, and that a subcommittee on the Review and Revision of the Hazardous Work List for Minors has been established. The ILO–IPEC TPR 2010 indicates that the ILO is providing technical support on this project, and that hazardous lists from other countries of the subregion were given to the MoL. The first meeting of the subcommittee was scheduled for September 2010. The Committee requests the Government to continue to provide information on the review and update of the list of hazardous work prohibited to persons under 18 years of age, and to provide a copy of this list, once adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously requested the Government to provide information on the number of children under 18 who were found to be engaged in hazardous work in the course of labour inspections.

The Committee notes the Government’s statement that in the year 2007, according to the labour inspection report, no cases of children engaged in hazardous work were found through labour inspections. However, the Committee notes the information in the Government’s report submitted under Convention No. 138 on Minimum Age that between October 2002 and July 2009, 33 persons with licences to operate entertainment establishments were arrested and prosecuted for violating the ban on hiring persons under 18 in these establishments. Moreover, the Committee notes that, under the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” action programmes are ongoing to address the engagement of children in hazardous work, including “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut”, “Prevention of hazardous child labour through occupational health services in Udon Thani Province” and “Collaboration for the Prevention and Elimination of Hazardous Child Labour in Samut Sakhon Province”. The Committee accordingly observes that the engagement of children in hazardous work appears to be a problem in practice in the country. It expresses its concern at the failure of the labour inspectorate to detect cases of children involved in hazardous work, despite indications that such cases exist. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate, to improve the ability of labour inspectors to detect children engaged in hazardous work. It requests the Government to provide information on the impact of measures taken in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee previously noted that the MoL, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA of 2004). The Committee also noted the establishment of the National Committee on the Worst Forms of Child Labour (National Committee on WFCL) in 2006, and it requested information on the measures implemented by this body.

The Committee notes the information in the Government’s report that the National Committee on WFCL considered that the contents of the NPA of 2004 could not be implemented in practice, and it decided to revoke this plan. Subsequently, the National Committee on WFCL appointed the “subcommittee for the Development of the National Plan to Eliminate the Worst Forms of Child Labour and its follow-up”, to develop a more concrete plan and policy that could be practically implemented. In this regard, the Committee notes that a National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) was developed and approved by the National Committee on WFCL in September 2008, and endorsed by cabinet in January 2009. The Government further indicates that the Department of Labour Protection and Welfare has clarified the methods for the implementation, performance assessment and reporting of this National Plan (2009–14). The Committee also notes the information in the ILO–IPEC TPR 2010 that significant progress towards the implementation of the National Plan (2009–14) has been made, including the move towards the development of provincial action plans in line with this National Plan. The Committee requests the Government to provide information on the concrete measures taken under the National Plan for the Elimination of the Worst Forms of Child Labour (2009–14) and the impact of these measures towards the elimination and eradication of the worst forms of child labour. It also requests a copy of this National Plan.

2. ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand”. The Committee previously noted the launching of the ILO–IPEC project entitled “Support for national action to combat child labour and its worst forms in Thailand” in September 2006 in six provinces (Chiang Rai, Tak, Udon Thani, Samut Sakhon, Pattani and Songkhla). It requested information on the impact of this project.

The Committee notes the information in the ILO–IPEC TPR 2010 that the action programmes implemented within the framework of the “Support for national action to combat child labour and its worst forms in Thailand” project include: “Initiatives for Designing Child Labour Monitoring (CLM) System in Thailand and Provision for Direct Beneficiaries Monitoring and Reporting (DBMR) Technical Support”; “Prevention and Elimination of the Worst Forms of Child Labour in Chiang Rai Province”; “Prevention and elimination of child labour in hazardous work through occupational safety and health services in Songkhla and Pattani Southern border provinces”; and “Protection of Labour Rights in Deep Sea Fishing”. The ILO–IPEC TPR 2010 indicates that the “Support for national action to combat child labour and its worst forms in Thailand” project reached child labourers and children at risk in remote areas through cooperation with local partners. The Committee notes with interest that, according to the ILO–IPEC TPR 2010, in total 7,226 children have been prevented and withdrawn from the worst forms of child labour through the provision of educational services or training opportunities, and that 560 children have been prevented or withdrawn through the provision of other non-educational services within the framework of this project. The Committee also notes the information in the ILO–IPEC TPR 2010 that a new action programme on “Combating Child Labour in the Shrimp and Seafood Processing Industry in Thailand” is under development. The ILO–IPEC TPR 2010 indicates that the “Support for national action to combat child labour and its worst forms in Thailand” project will be completed in March 2011.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Children from ethnic minorities. The Committee previously noted that, according to an ILO–IPEC report of December 2004 on the TICW Project, ethnic communities in the north of Thailand are particularly vulnerable to trafficking and labour exploitation.

The Committee notes the information in the Government’s report that, within the context of the TICW II Project, community development efforts were made in hill tribe communities (tribal peoples in northern Thailand). The Government indicates that a Thai NGO “Mirror Art Group” provides livelihood training to persons in hill tribe communities, as well as the promotion of ecotourism to the area, for the development of economic alternatives to migration. The initiative also involved training 23 youth in five hill tribe communities to be community watchdog volunteers. The Committee also notes the information in the TICW II TPR that a Hill Tribe Concert on trafficking was held in northern Thailand, and that in addition to the 5,000 people who attended the event, it was broadcast on radio and TV across Thailand.

2. Migrant workers. The Committee previously noted that the document “The Mekong challenge – underpaid, overworked and overlooked: The situation of young migrant workers in Thailand” underlined several human rights violations affecting young migrant workers, such as forced labour and hazardous work. However, the Committee noted that the ILO–IPEC project entitled “Support for national action to combat child labour and its worst forms in Thailand” targeted migrant children found in these worst forms. It requested information on the impact of the project.

The Committee notes the information in the Government’s report that, within the context of the TICW II Project, a guidebook entitled “Travel Smart, Work Smart” was published in six languages, to help prepare youths (between the ages of 15 and 24) for migration. The Committee also notes the information in the ILO–IPEC TPR 2010 that several action programmes have been implemented within the “Support for national action to combat child labour and its worst forms in Thailand” project to aid migrant children: “Prevention of hazardous child labour and child trafficking through education and social mobilization among migrant communities in Samut Sakhon”; “Promoting advocacy work on migrant children in Thailand and the Mekong subregion for the Thai Coordination Committee on Migrant Children (Thai-Cord)”; and “Tackling and Preventing Child Labour through Educational Provision for Stateless, Migrant Children and Children of Migrant Workers in Tak Province”. The ILO–IPEC TPR 2010 indicates that through these initiatives, cross-border linkages to address migration aspects of child labour were strengthened through the Thai-Cord and the Mekong Network for the Protection of Cross-Border Children. The ILO–IPEC TPR 2010 also indicates that several positive outcomes have been achieved with regard to access to education for migrant children. In Samut Sakhon (which has a dense migrant population), migrant children were supported in overcoming barriers to access formal Thai schools. Additionally, some Thai teachers were offered language instruction in Burmese to facilitate communication with migrant families. The Committee further notes the information in the Technical Progress Report for the Action Programme entitled “Tackling and Preventing Child Labour through Educational Provision for Stateless, Migrant Children and Children of Migrant Workers in Tak Province” of April 2010, that direct assistance was provided to 8 schools and 13 learning centres, and that 50 children targeted were withdrawn from child labour.

Article 8. International cooperation and assistance. Poverty alleviation. The Committee previously noted the Government’s indication that a mobile unit “Poverty Eradication Caravan” had been set up by the MoL to give advisory services to the poor in order to eradicate poverty and combat the worst forms of child labour. The Committee notes the Government’s statement that the introduction of microfinance credits and the Poverty Eradication Caravan have had an impact on the Government’s efforts to remove children from trafficking and commercial sexual exploitation. It also indicates that the MoL has provided poverty reduction assistance through skills training and development. The Government indicates that in 2008, 390,294 persons were provided with vocational development assistance, and 47,038 persons were provided with skills development training.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes with satisfaction the adoption of the Anti-Trafficking in Persons Act which prohibits the trafficking of children for labour and sexual exploitation. Section 6(2) of the Anti-Trafficking in Persons Act defines trafficking of children as the procuring, buying, selling, vending, bringing from or sending to, detaining, confining, harbouring of a child for the purpose of exploitation, and section 4 defines a child as all persons under 18 years of age.

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

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

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

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

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

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

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

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

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

Article 7(1) of the Convention and Part V of the report form. Penalties and the application of the Convention in practice. Child victims of trafficking and commercial sexual exploitation. The Committee previously noted that the enforcement of the existing penalties for the offences of child trafficking and child commercial exploitation were very ineffective. However, it noted the Government’s indication that, according to the statistical figures of the Office of the Court of Justice, in the period 2003–04 there were 823 prosecutions concerning the offences of procuring and trafficking children for the purposes of prostitution and sexual abuse under the Penal Code. It welcomed the Government’s efforts to develop a more comprehensive system of data collection and analysis of these offences, and requested that the Government provide statistical information on the trafficking and commercial sexual exploitation of children.

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

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

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. 1. Services for child victims of trafficking. The Committee previously noted the various measures adopted by the MSDHS to assist child victims of trafficking, and noted that 3,062 foreign trafficking victims had been protected in Thai shelters and repatriated to their home countries.

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

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

The Committee notes Government’s statement that it is in the process of collecting information from relevant agencies on this point. The Committee therefore once again requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act.

Article 8. International cooperation and assistance. Regional cooperation and bilateral agreements. The Committee previously noted several measures taken by the Government to combat trafficking at the regional level, including meetings of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT). The Committee requested information on measures taken in this regard and on the concrete measures adopted under bilateral MOUs for the elimination of the interstate trafficking of children.

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

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

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

The Committee notes with regret 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 matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 283bis of the Penal Code provides that whoever procures a person under 18 years of age for an “indecent sexual act”, commits an offence. It had noted that, according to information available at the Office, it is prohibited under section 287 of the Penal Code to make, produce, possess, import, export, or transport any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematographic film, noise tape, picture tape or any other material with a pornographic content. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide a definition of an “indecent sexual act” under section 283bis of the Penal Code. It also once again requests the Government to supply a copy of section 287 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had noted that the production, importation, exportation, possession or consumption of narcotics is prohibited under the Narcotics Act of 1979. Since the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs did not seem to be prohibited under this Act, the Committee had requested the Government to indicate the measures taken or envisaged to this end, in conformity with Article 3(c) of the Convention. The Committee notes the absence of information on this point in the Government’s report. It observes, as already previously observed, that, according to the rapid assessment conducted by
ILO–IPEC (August 2002, pages 16, 21, 30 and 31), children as young as 10 years of age participate in drug trafficking, the majority of them are aged 12–16 and are used to buy or sell drugs. The Committee requests the Government to take the necessary measures to prohibit the use, procuring and offering of a child for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. Workers in the informal sector and self-employed workers. The Committee had previously noted that children working in the informal sector and self-employed workers under 18 years of age do not benefit from the protection laid down in the Labour Protection Act or in Regulation No. 6 of 1998, and consequently are not protected from performing hazardous work. It had also noted that the informal sector includes domestic work, work performed in the fishing industries, trading, and restaurants. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age or those working in the informal sector from work which, by its nature or the circumstances under which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the views of the Occupational Safety, Health and Environment Committee on where the types of hazardous work exist.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “labour inspection is neither adequate nor comprehensive, especially in small-scale enterprises. These enterprises carry out subcontracted assignments whose outputs and workers are not easily regulated”. The Committee had requested the Government to provide information on the measures taken or envisaged to provide labour inspectors with the necessary support to ensure effective implementation of the legal provisions concerning the worst forms of child labour. The Committee notes the Government’s information that, according to the statistical figures of the Labour Standards Development Bureau, there has been an improvement in the labour law compliance of establishments inspected from the year 2001 to 2004: particularly, the percentage of compliance has increased from 69.92 per cent in 2001 to 78.90 per cent in 2004. Statistics for 2004 indicate that 58,798 establishments were inspected 69,446 times. Out of 34,332 children working, 5,308 were found working illegally. The Committee notes that the statistics provided by the Government provide only partial information on the type of illegal work performed by those children. The Committee requests the Government to specify, in its next report, how many children under 18 years were found to be involved in the worst forms of child labour, especially hazardous work.

2. National Committee for the Elimination of the Worst Forms of Child Labour. Following its previous comments the Committee notes that the National Committee on ILO Convention No. 182 was appointed on 20 February 2006. The Committee, chaired by the Minister of Labour and Social Welfare has the following duties: (1) to consider the National Plan of Action on the Worst Forms of Child Labour (NPA); (2) to provide policy recommendations in accordance with Convention No. 182; (3) to oversee, advise and monitor the implementation of the NPA; (4) to promote research work in support of the elimination of the worst forms of child labour; (5) to coordinate with concerned agencies in and outside the country to eliminate the worst forms of child labour; (6) to consider directions to report on the implementation of the obligations under Convention No. 182; (7) to appoint subcommittees or working groups as deemed appropriate; and (8) to perform other related appropriate duties. The Committee requests the Government to provide information on the concrete measures taken by the National Committee on ILO Convention No. 182.

Article 6.  Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee had previously noted that the Ministry of Labour, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA) in 2004. It had noted that the Government had decided to give priority to the following: (i) children used for the production of pornography and pornographic performances; (ii) children used for illicit activities, particularly the production and trafficking of drugs; (iii) children working in chemical, fishing and furniture manufacturing industries; (iv) children working in domestic services, in the agricultural and other informal sectors such as street begging and vending; and (v) vulnerable children (i.e. immigrant children, children without birth certificates or official identification documents, children from ethnic minorities, children living in poverty, runaway children and children who have dropped out of school). The Committee had noted that the NPA includes preventive measures as well as measures to ensure the rehabilitation and social reintegration of children involved in the worst forms of child labour. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken under the NPA and their impact on eliminating the abovementioned worst forms of child labour.

2. ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand”. The Government notes that ILO–IPEC is implementing in Thailand the project entitled “Support for national action to combat child labour and its worst forms in Thailand” which started in September 2006 and will be completed in March 2010. This project, which will support the Government’s NPA, will focus on preventing and eliminating the worst forms of child labour in six provinces (Chiang Rai, Tak, Udon Thani, Samut Sakhon, Pattani and Songkhla). It will also assist provincial interventions within the framework of provincial development strategies on education, poverty reduction and human resources development. This will be done through awareness-raising, education, vocational training and family livelihood. The project aims to develop models of good practices which can be replicated in other provinces in the future. The Committee requests the Government to provide information on the impact of the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” on the elimination of the worst forms of child labour in the abovementioned six provinces.

Article 7, paragraph 2. Time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee had previously observed that one of the objectives of the NPA is to improve the effectiveness of mechanisms to protect and remove child workers from the worst forms of child labour. The plan also provides for the rehabilitation and social reintegration of children involved in the worst forms of child labour. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken under the NPA to remove children from the worst forms of child labour, and to provide for their rehabilitation and social integration.

Clause (d). Children at special risk. Agricultural work. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It had also noted the Government’s indication that the Ministry of Labour took measures to analyse the occupational safety of children working in the agricultural sector. It had further noted that, according to the Ministry of Labour (National Plan of Action for the Elimination of the Worst Forms of Child Labour, 2004–09, pages 2 and 10), many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. The Committee notes the Government’s information that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, based on the Labour Protection Act. The Committee requests the Government to provide information on the effective and time-bound measures taken to ensure that young persons under 18 years working in the agricultural sector are protected from hazardous work. It also requests the Government to supply a copy of the Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005 with its next report.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee noted with satisfaction that the draft Prevention and Suppression of Human Trafficking Act has been adopted by the National Legislative Assembly in November 2007. This Act defines “human trafficking” as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or the use of force or other forms of coercion, abduction, fraud, deception, of the abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The consent of a child or woman victim of trafficking to the intended exploitation should be irrelevant where any of the abovementioned means have been used. Key elements of the Act include, amongst others, protective and rehabilitative measures (physical, psychological, legal, and educational services) provided to the victims of trafficking. The Committee once again requests the Government to provide a copy of the Prevention and Suppression of the Human Trafficking Act with its next report.

Article 5. Monitoring mechanisms. The police and public officials. The Committee noted the Government’s information on various measures aimed at training and raising public officials’ awareness on preventing and eliminating child trafficking and commercial sexual exploitation. In particular, the Department of Labour Protection and Welfare has carried out various seminars on collaboration between concerned agencies aimed at raising the awareness of public officials in preventing, eliminating and punishing unfair labour practices concerning children and women. The seminars were attended by 50 officers, including the Immigration Bureau and Juvenile Aid Subdivision under the Office of the Royal Thai Police. Moreover, the various measures promoted by the Subcommittee to Coordinate Combating Trafficking in Children and Women (SCTCW) to implement the National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women (NPA on Trafficking in Children and Women 2003–07) include the following: (a) promoting cooperation with the Royal Thai Police to establish a specific unit responsible for combating trafficking of children and women (Suppression of Offences against Children, Youth and Women Division); (b) organizing workshops for officers responsible for protecting children, women and disadvantaged persons. The Committee once again requests the Government to provide information on the concrete measures taken by the newly established Division on the Suppression of Offences against Children, Youth and Women, to combat child trafficking.

Protection and Occupational Development Committee (PODC). The Committee had previously noted that the Prostitution Act of 1996 established a Protection and Occupational Development Committee (PODC), composed of representatives of various ministries as well as representatives of the police and central and juvenile court police (section 14). The PODC was responsible for coordinating plans of action, projects, working systems and determining action plans to be implemented jointly by government agencies and the private sector involved in preventing and suppressing prostitution (section 15 of the Prostitution Act). Noting that the Government provides no information on the concrete measures taken by the PODC as well as their impact on preventing and eliminating child prostitution, the Committee once again requests the Government to provide information on this point in its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. The ILO/IPEC TICW project and the National Plan on Prevention and Resolution of Domestic and Cross-border Trafficking in Children and Women (NPA on Trafficking in Children and Women 2003–07). The Committee had previously noted that the ILO/IPEC project to combat trafficking in children and women in the Mekong subregion (TICW project) was launched in 2000 and covered Thailand, Lao People’s Democratic Republic, Viet Nam, Cambodia and Yunnan (province of China). In Thailand, the first phase of the project (2000–03) focused on rural communities in the provinces of Phayao, Chiang Mai, Chiang Rai and Nong Khai. The second phase of the project (2003–08) would expand project interventions to cover the complete perspective of Thailand as a source, transit and destination country of trafficking victims with the objectives of: (i) enhancing the capacity of governmental agencies, civil society organizations and community-based groups to combat and monitor human trafficking; (ii) providing direct assistance to vulnerable groups (including people living in poor rural areas, tribal and migrant peoples); and (iii) increasing the role of the organizations of employers and workers in combating the trafficking of children and women. In the framework of the second phase of the TICW project, the National Committee on Combating Trafficking in Children and Women launched, in 2003, its first National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women (NPA on Trafficking in Children and Women 2003–07), focusing on prevention, with short-term and long-term interventions, as well as on research, monitoring and evaluation systems. The Committee noted the Government’s information that the following activities have been carried out at the national level in implementing the NPA: (a) signing of memorandum of understandings (MOUs) for nine northern provinces on common guidelines of practices for agencies in addressing trafficking in children and women; (b) MOU on the common guidelines and practice for government agencies concerned with cases of trafficking of children and women; (c) MOU on the procedural cooperation between governmental and non-governmental agencies concerned with cases of trafficking of children and women; (d) MOU on the operational guidelines of NGO agencies concerned with cases of trafficking of children and women. The Committee further noted the information contained in the TICW, phase II (TICW-II), progress report of 2007 that the Operational Centre for the Prevention and the Protection of Trafficking in Women and Children and the concerned governmental and non governmental agencies signed the domestic MOU on trafficking among 19 north-eastern provinces (3 July 2006). The MOUs will be expanded to cover all 17 northern provinces in the first half of 2007. The Committee once again requests the Government to continue to provide information on the concrete measures taken at the national level in implementing the second phase of the TICW and the NPA on Trafficking in Children and Women 2003–07, and their impact on eliminating child trafficking.

Child prostitution. In its previous comments, the Committee had noted that the Office of the National Commission on Women’s Affairs estimated that there were between approximately 22,500 and 40,000 prostitutes under 18 years of age (representing approximately 15–20 per cent of the overall number of prostitutes). These estimates did not include foreign child prostitutes. It had also noted that, according to UNICEF, estimates of the number of children engaged in prostitution varied from 60,000 to 200,000, with 5 per cent of them being boys (Official summary of the state of the world’s children 2005). The Committee had noted that the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004–09), aims at preventing and eliminating the worst forms of child labour, including child prostitution and had asked the Government to provide information on the concrete measures taken under the National Plan of Action. The Committee is very concerned about the absence of information from the Government on this point. It observes that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remains an issue of concern in practice. It once again requests the Government to provide information on the concrete measures taken under the National Plan of Action to eliminate the use, procuring or offering of a child under 18 for prostitution, and the results achieved.

Article 7, paragraph 1. Penalties. Statistical information on child victims of trafficking and commercial sexual exploitation, prosecutions, convictions and penalties. The Committee had previously noted that the enforcement of the existing penalties was very ineffective. It noted the Government’s information that, according to the statistical figures of the Office of the Court of Justice, in the period 2003–04 there were 823 prosecutions concerning the offences of procuring and trafficking children for the purposes of prostitution and sexual abuse under the Penal Code. The Committee also noted that the Government mentions the difficulty of collecting precise statistics on the worst forms of child labour, especially on national and international trafficking through illegal channels. This is especially due to the unwillingness of victims of trafficking to identify themselves or their perpetrators, as well as the unwillingness of some citizens to become involved. Therefore, Thailand’s next attempt is to improve and produce a more comprehensive system of data collection and analysis, disaggregated by sex, age, region and other socio‑economic categories. The Committee considered that the issues of improving data collection on the number of children involved in trafficking and the effective enforcement of the penalties for child trafficking are linked. It welcomed the willingness of the Government to improve the system of data collection and analysis on trafficked children. In view of the high number of children under 18 years who are victims of trafficking and prostitution, the Committee once again requests the Government to redouble its efforts to ensure that persons who traffic in children or exploit children in prostitution are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also encourages the Government to pursue its efforts to improve the system of data collection and analysis on children involved in the worst forms of child labour, especially in trafficking and commercial sexual exploitation. In this regard, it requests the Government to provide, in its next report, statistical information on the number of children involved in trafficking and commercial sexual exploitation, and on infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Measures aimed at securing compensation for victims of trafficking. The Committee noted that the Government has taken a number of measures aimed at securing justice and compensation for victims of trafficking, including children, and protecting victims of trafficking during the trial period. In particular, it noted that the Prevention and Suppression of Human Trafficking Act, has been adopted in order to improve the judicial system to ensure justice for victims of trafficking and prosecute the offenders. More specifically, this Act covers the following aspects: (a) the possibility of prosecuting every offender of human trafficking, no matter where the offence has been committed; (b) the protection of victims of trafficking and witnesses during the trial; (c) the possibility for victims of trafficking to claim compensation from the offenders; and (d) the provision of funds amounting to 500 million baht set up by the Government under the draft Prevention and Suppression of Human Trafficking Act, for the rehabilitation, occupational training and development of victims of trafficking. In this regard, the Government adds that the Accused Act, BE 2544 (2001) states that children who are deceived into trafficking, prostitution, or forced labour, shall receive compensation. The Committee further noted the Government’s information that the Central Juvenile and Family Court, in order to give effect to the provisions of the Convention, has taken several measures aimed at training court officers to deal with children involved in trials. The Committee once again requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Trafficking of children. The Committee had previously noted that the Government, with the assistance of ILO/IPEC and collaboration of the social partners and NGOs decided, on 17 January 2005, to establish, under the TICW, joint forces in Chiang Mai, Chaing Rai and Phayao. The objectives of the joint forces were to collect data concerning the supply of and demand for trafficked individuals, to establish victim support hotlines, raise awareness about the dangers of human trafficking, strengthen networks, develop provincial and district mechanisms for the prevention of trafficking, and promote community and school “watchdogs”. The action programme would last 16 to 24 months and was expected to benefit 12,000 children and women from Chiang Mai, Chaing Rai and Phayao, who were at heightened risk of being trafficked. The Committee noted that, according to the TICW-II progress report of 2007, a provincial-level database has been developed, which contains data from various sources on persons and communities at risk of trafficking, victims of trafficking (especially for sexual exploitation), workplaces considered vulnerable to trafficking, and lessons learned. Moreover, the following activities have been carried out to raise awareness on child trafficking issues: (a) a seminar aimed at increasing the media’s knowledge on trafficking and migration issues; (b) a campaign to stop violence against women and children; (c) the establishment of watchdog systems in the vulnerable communities of Phayao, Chiang Rai, and Chiang Mai; (d) the distribution of a safe migration guide for foreign migrant workers in the subregion. The Committee noted with interest that, according to the same report, 1,786 boys, 2,765 girls, and 921 young women have been prevented from trafficking through the provision of educational services or training opportunities. Furthermore, 396 boys, 286 girls, and 1,511 young women have been prevented from trafficking through the provision of other non-education-related services.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. TICSA project. The Committee noted that, according to the TICSA, Phase II, progress report of 2006, TICSA-II and the Centre for the Protection of Children’s Rights jointly initiated the documentation of the “Multi Disciplinary Approach to Rehabilitation of the Victims of Trafficking”. This systematic approach to rehabilitation with the support of a group of experts (physicians, psychologists, lawyers, police), has proven to be successful in various shelters. Moreover, as the “Case Information Management System” (a computer software that improves the capacity of collecting data of trafficked victims – CIMS), developed and implemented at two Government shelters, was successful, the Ministry of Social Development and Human Security (MSDHS) has planned to set up a computerized database at its shelters in other provinces.  

Measures adopted by the Ministry of Social Development and Human Security (MSDHS). The Committee noted with interest the Government’s information that the MSDHS has adopted the following measures to protect and assist children and women who are trafficked both into and out of Thailand:

(a)    establishment of the Operation Centre on Human Trafficking at the provincial, national and international levels, aimed at coordinating the concerned organizations to protect and assist the victims of trafficking;

(b)    provision of welfare protection to child and women victims of trafficking;

(c)    establishment of 99 welfare homes (the most important is the Kredtrakarn Protection and Occupational Development Centre) in 75 provinces to provide temporary assistance to Thai and non-Thai child and women victims of trafficking;

(d)    establishment of reception homes for women, and welfare protection and occupational development centres for women, in order to provide trafficked women with rehabilitative services;

(e)    provision of counselling on human trafficking concerns, especially through the telephone helpline “1300”; and

(f)    development of return and reintegration programmes with Cambodia, Lao People’s Democratic Republic, Myanmar, and Yunnan Province in China.

The Committee noted the Government’s information that the number of foreign victims assisted and housed in the MSDHS’s shelters from 1999 to 2004 was 1,633. Moreover, according to the record of the MSDHS from 2000 to 2005, 3,062 foreign trafficking victims have been protected in Thai shelters and repatriated to their home countries. These include: 959 Cambodians, 567 Burmese, 501 Laotians, 20 Chinese, 12 Vietnamese, nine persons of other nationalities and four of unidentified nationality. The Committee once again requests the Government to specify how many of these victims of trafficking are children under 18 years. It also requests the Government to continue providing information on the number of child victims of trafficking, including Thai children, who have been rehabilitated and reintegrated in their communities.

Clause (d). Children at special risk. Children from ethnic minorities. The Committee had previously noted that, according to the ILO/IPEC’s report of December 2004 on TICW, ethnic communities in the north of Thailand are particularly vulnerable to trafficking and labour exploitation. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to protect children under 18 years of age of ethnic minorities from trafficking for labour or sexual exploitation, particularly from prostitution.

Migrant workers. The Committee noted the information contained in the TICW, phase II, progress report of 2007 (page 16), that the document “The Mekong challenge – underpaid, overworked and overlooked: The situation of young migrant workers in Thailand”, based on a research project targeting migrant workers in agriculture, fishing, fish-processing, small-scale manufacturing, and domestic work underlines several human rights violations, such as the forced labour and hazardous work of young migrant workers. However, ILO/IPEC is starting a new project entitled “Support for national action to combat child labour and its worst forms in Thailand”. The project, which started in 2006 and will end in 2010, primarily targets migrant children found in the worst forms of child labour and will promote improved education and training policies. The Committee once again requests the Government to provide information on the impact of the ILO/IPEC project “Support for national action to combat child labour and its worst forms in Thailand” on protecting child migrant workers from the worst forms of child labour. 

Article 8. International cooperation and assistance. Regional cooperation. The Committee noted that, according to the Government’s report, the following measures have been taken to combat child trafficking at the regional level: (a) the UN inter-agency project on trafficking in women and children in the Mekong subregion (UNIAP) has conducted meetings under the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) to strengthen cooperation and coordination among countries to deal more effectively with human trafficking; (b) a draft MOU on cooperation against trafficking in persons in the greater Mekong subregion has been proposed; and (c) the MSDHS has maintained coordination with five countries in the Mekong subregion through governmental, non-governmental, international organizations, embassies in Thailand and embassies in those countries, for providing assistance to foreign children and female victims of trafficking. In particular, physical and psychological rehabilitation is being provided for the foreign trafficking victims while maintaining coordination with the relevant agencies in the countries of origin in order to trace the families of the victims and assess how well prepared they are for the reintegration of the woman or child victim in the society. The Committee once again requests the Government to continue providing information on the concrete measures taken to eliminate the cross-border trafficking of children for labour and sexual exploitation, and the results achieved.

Bilateral agreements. The Committee had previously noted that Thailand and Cambodia signed, on 31 May 2003, an MOU on bilateral cooperation for eliminating trafficking in children and women and assisting victims of trafficking, targeting the repatriation process, the prosecution process, and collecting and exchanging information. Moreover, an MOU on bilateral cooperation for the elimination of trafficking in children and women and assistance to victims of trafficking between Thailand and Lao People’s Democratic Republic was signed on 13 July 2005. Finally, a draft MOU between Thailand and Viet Nam, based on the model MOU between Thailand and Cambodia, has been drawn up. The Committee once again requests the Government to provide information on the concrete measures adopted under the bilateral MOUs and the results achieved with regard to eliminating the trafficking of children between the countries parties to the bilateral agreements.

Poverty alleviation. The Committee noted the Government’s information that, according to the report of the Office of the National Economic and Social Development Board (NESDB), proactive socio-economic measures have been employed to integrate human trafficking strategies with development and poverty eradication. These include the policies of allocating 1 million baht to each village to use as a credit facility, and offering microfinance which would enable Thai women to have more opportunities to gain more income and diminish their risk of being trafficked to foreign countries. The economic cooperative strategy project has been promoted in neighbouring countries to mitigate the cases of trafficked women and children sent to Thailand. Moreover, the mobile unit “Poverty Eradication Caravan” has been set up by the Ministry of Labour to give advisory services to the poor in order to eradicate poverty and combat the worst forms of child labour. The Committee once again requests the Government to provide information on the impact of the microfinance credits, the economic cooperative strategy project, and the Poverty Eradication Caravan, on the effective reduction of poverty among children removed from trafficking and commercial sexual exploitation.

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

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 283bis of the Penal Code provides that whoever procures a person under 18 years of age for an “indecent sexual act”, commits an offence. It had noted that, according to information available at the Office, it is prohibited under section 287 of the Penal Code to make, produce, possess, import, export, or transport any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematographic film, noise tape, picture tape or any other material with a pornographic content. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide a definition of an “indecent sexual act” under section 283bis of the Penal Code. It also once again requests the Government to supply a copy of section 287 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had noted that the production, importation, exportation, possession or consumption of narcotics is prohibited under the Narcotics Act of 1979. Since the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs did not seem to be prohibited under this Act, the Committee had requested the Government to indicate the measures taken or envisaged to this end, in conformity with Article 3(c) of the Convention. The Committee notes the absence of information on this point in the Government’s report. It observes, as already previously observed, that, according to the rapid assessment conducted by ILO–IPEC (August 2002, pages 16, 21, 30 and 31), children as young as 10 years of age participate in drug trafficking, the majority of them are aged 12 to 16 and are used to buy or sell drugs. The Committee requests the Government to take the necessary measures to prohibit the use, procuring and offering of a child for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. Workers in the informal sector and self-employed workers. The Committee had previously noted that children working in the informal sector and self-employed workers under 18 years of age do not benefit from the protection laid down in the Labour Protection Act or in Regulation No. 6 of 1998, and consequently are not protected from performing hazardous work. It had also noted that the informal sector includes domestic work, work performed in the fishing industries, trading, and restaurants. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age or those working in the informal sector from work which, by its nature or the circumstances under which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the views of the Occupational Safety, Health and Environment Committee on where the types of hazardous work exist.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “labour inspection is neither adequate nor comprehensive, especially in small-scale enterprises. These enterprises carry out subcontracted assignments whose outputs and workers are not easily regulated”. The Committee had requested the Government to provide information on the measures taken or envisaged to provide labour inspectors with the necessary support to ensure effective implementation of the legal provisions concerning the worst forms of child labour. The Committee notes the Government’s information that, according to the statistical figures of the Labour Standards Development Bureau, there has been an improvement in the labour law compliance of establishments inspected from the year 2001 to 2004: particularly, the percentage of compliance has increased from 69.92 per cent in 2001 to 78.90 per cent in 2004. Statistics for 2004 indicate that 58,798 establishments were inspected 69,446 times. Out of 34,332 children working, 5,308 were found working illegally. The Committee notes that the statistics provided by the Government provide only partial information on the type of illegal work performed by those children. The Committee requests the Government to specify, in its next report, how many children under 18 years were found to be involved in the worst forms of child labour, especially hazardous work.

2. National Committee for the Elimination of the Worst Forms of Child Labour. Following its previous comments the Committee notes that the National Committee on ILO Convention No. 182 was appointed on 20 February 2006. The Committee, chaired by the Minister of Labour and Social Welfare has the following duties: (1) to consider the National Plan of Action on the Worst Forms of Child Labour (NPA); (2) to provide policy recommendations in accordance with Convention No. 182; (3) to oversee, advise and monitor the implementation of the NPA; (4) to promote research work in support of the elimination of the worst forms of child labour; (5) to coordinate with concerned agencies in and outside the country to eliminate the worst forms of child labour; (6) to consider directions to report on the implementation of the obligations under Convention No. 182; (7) to appoint subcommittees or working groups as deemed appropriate; (8) to perform other related appropriate duties. The Committee requests the Government to provide information on the concrete measures taken by the National Committee on ILO Convention No. 182.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee had previously noted that the Ministry of Labour, in cooperation with ILO–IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA) in 2004. It had noted that the Government had decided to give priority to the following: (i) children used for the production of pornography and pornographic performances; (ii) children used for illicit activities, particularly the production and trafficking of drugs; (iii) children working in chemical, fishing and furniture manufacturing industries; (iv) children working in domestic services, in the agricultural and other informal sectors such as street begging and vending; and (v) vulnerable children (i.e. immigrant children, children without birth certificates or official identification documents, children from ethnic minorities, children living in poverty, runaway children and children who have dropped out of school). The Committee had noted that the NPA includes preventive measures as well as measures to ensure the rehabilitation and social reintegration of children involved in the worst forms of child labour. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken under the NPA and their impact on eliminating the abovementioned worst forms of child labour.

2. ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand”. The Government notes that ILO–IPEC is implementing in Thailand the project entitled “Support for national action to combat child labour and its worst forms in Thailand” which started in September 2006 and will be completed in March 2010. This project, which will support the Government’s NPA, will focus on preventing and eliminating the worst forms of child labour in six provinces (Chiang Rai, Tak, Udon Thani, Samut Sakhon, Pattani and Songkhla). It will also assist provincial interventions within the framework of provincial development strategies on education, poverty reduction and human resources development. This will be done through awareness-raising, education, vocational training and family livelihood. The project aims to develop models of good practices which can be replicated in other provinces in the future. The Committee requests the Government to provide information on the impact of the ILO–IPEC project “Support for national action to combat child labour and its worst forms in Thailand” on the elimination of the worst forms of child labour in the abovementioned six provinces.

Article 7, paragraph 2. Time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee had previously observed that one of the objectives of the NPA is to improve the effectiveness of mechanisms to protect and remove child workers from the worst forms of child labour. The plan also provides for the rehabilitation and social reintegration of children involved in the worst forms of child labour. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken under the NPA to remove children from the worst forms of child labour, and to provide for their rehabilitation and social integration.

Clause (d). Children at special risk. Agricultural work. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It had also noted the Government’s indication that the Ministry of Labour took measures to analyse the occupational safety of children working in the agricultural sector. It had further noted that, according to the Ministry of Labour (National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004–09), pages 2 and 10), many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. The Committee notes the Government’s information that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, based on the Labour Protection Act. The Committee requests the Government to provide information on the effective and time-bound measures taken to ensure that young persons under 18 years working in the agricultural sector are protected from hazardous work. It also requests the Government to supply a copy of the Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005 with its next report.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee noted with satisfaction that the draft Prevention and Suppression of Human Trafficking Act has been adopted by the National Legislative Assembly in November 2007. This Act defines “human trafficking” as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or the use of force or other forms of coercion, abduction, fraud, deception, of the abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The consent of a child or woman victim of trafficking to the intended exploitation should be irrelevant where any of the abovementioned means have been used. Key elements of the Act include, amongst others, protective and rehabilitative measures (physical, psychological, legal, and educational services) provided to the victims of trafficking. The Committee requests the Government to provide a copy of the Prevention and Suppression of the Human Trafficking Act with its next report.

Article 5. Monitoring mechanisms. 1. The police and public officials. The Committee noted the Government’s information on various measures aimed at training and raising public officials’ awareness on preventing and eliminating child trafficking and commercial sexual exploitation. In particular, the Department of Labour Protection and Welfare has carried out various seminars on collaboration between concerned agencies aimed at raising the awareness of public officials in preventing, eliminating and punishing unfair labour practices concerning children and women. The seminars were attended by 50 officers, including the Immigration Bureau and Juvenile Aid Subdivision under the Office of the Royal Thai Police. Moreover, the various measures promoted by the Subcommittee to Coordinate Combating Trafficking in Children and Women (SCTCW) to implement the National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women (NPA on Trafficking in Children and Women 2003–07) include the following: (a) promoting cooperation with the Royal Thai Police to establish a specific unit responsible for combating trafficking of children and women (Suppression of Offences against Children, Youth and Women Division); (b) organizing workshops for officers responsible for protecting children, women and disadvantaged persons. The Committee requests the Government to provide information on the concrete measures taken by the newly established Division on the Suppression of Offences against Children, Youth and Women, to combat child trafficking.

2. Protection and Occupational Development Committee (PODC). The Committee had previously noted that the Prostitution Act of 1996 established a Protection and Occupational Development Committee (PODC), composed of representatives of various ministries as well as representatives of the police and central and juvenile court police (section 14). The PODC was responsible for coordinating plans of action, projects, working systems and determining action plans to be implemented jointly by government agencies and the private sector involved in preventing and suppressing prostitution (section 15 of the Prostitution Act). Noting that the Government provides no information on the concrete measures taken by the PODC as well as their impact on preventing and eliminating child prostitution, the Committee requests the Government to provide information on this point in its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. The ILO/IPEC TICW project and the National Plan on Prevention and Resolution of Domestic and Cross-border Trafficking in Children and Women (NPA on Trafficking in Children and Women 2003–07). The Committee had previously noted that the ILO/IPEC project to combat trafficking in children and women in the Mekong subregion (TICW project) was launched in 2000 and covered Thailand, Lao People’s Democratic Republic, Viet Nam, Cambodia and Yunnan (province of China). In Thailand, the first phase of the project (2000–03) focused on rural communities in the provinces of Phayao, Chiang Mai, Chiang Rai and Nong Khai. The second phase of the project (2003–08) would expand project interventions to cover the complete perspective of Thailand as a source, transit and destination country of trafficking victims with the objectives of: (i) enhancing the capacity of governmental agencies, civil society organizations and community-based groups to combat and monitor human trafficking; (ii) providing direct assistance to vulnerable groups (including people living in poor rural areas, tribal and migrant peoples); and (iii) increasing the role of the organizations of employers and workers in combating the trafficking of children and women. In the framework of the second phase of the TICW project, the National Committee on Combating Trafficking in Children and Women launched, in 2003, its first National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women (NPA on Trafficking in Children and Women 2003–07), focusing on prevention, with short-term and long-term interventions, as well as on research, monitoring and evaluation systems. The Committee noted the Government’s information that the following activities have been carried out at the national level in implementing the NPA: (a) signing of memorandum of understandings (MOUs) for nine northern provinces on common guidelines of practices for agencies in addressing trafficking in children and women; (b) MOU on the common guidelines and practice for government agencies concerned with cases of trafficking of children and women; (c) MOU on the procedural cooperation between governmental and non-governmental agencies concerned with cases of trafficking of children and women; (d) MOU on the operational guidelines of NGO agencies concerned with cases of trafficking of children and women. The Committee further noted the information contained in the TICW, phase II (TICW-II), progress report of 2007 that the Operational Centre for the Prevention and the Protection of Trafficking in Women and Children and the concerned governmental and non‑governmental agencies signed the domestic MOU on trafficking among 19 north-eastern provinces (3 July 2006). The MOUs will be expanded to cover all 17 northern provinces in the first half of 2007. The Committee requests the Government to continue to provide information on the concrete measures taken at the national level in implementing the second phase of the TICW and the NPA on Trafficking in Children and Women 2003–07, and their impact on eliminating child trafficking.

2. Child prostitution. In its previous comments, the Committee had noted that the Office of the National Commission on Women’s Affairs estimated that there were between approximately 22,500 and 40,000 prostitutes under 18 years of age (representing approximately 15–20 per cent of the overall number of prostitutes). These estimates did not include foreign child prostitutes. It had also noted that, according to UNICEF, estimates of the number of children engaged in prostitution varied from 60,000 to 200,000, with 5 per cent of them being boys (Official summary of the state of the world’s children 2005). The Committee had noted that the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004–09), aims at preventing and eliminating the worst forms of child labour, including child prostitution and had asked the Government to provide information on the concrete measures taken under the National Plan of Action. The Committee is very concerned about the absence of information from the Government on this point. It observes that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remains an issue of concern in practice. It once again requests the Government to provide information on the concrete measures taken under the National Plan of Action to eliminate the use, procuring or offering of a child under 18 for prostitution, and the results achieved.

Article 7, paragraph 1. Penalties. 1. Statistical information on child victims of trafficking and commercial sexual exploitation, prosecutions, convictions and penalties. The Committee had previously noted that the enforcement of the existing penalties was very ineffective. It noted the Government’s information that, according to the statistical figures of the Office of the Court of Justice, in the period 2003–04 there were 823 prosecutions concerning the offences of procuring and trafficking children for the purposes of prostitution and sexual abuse under the Penal Code. The Committee also noted that the Government mentions the difficulty of collecting precise statistics on the worst forms of child labour, especially on national and international trafficking through illegal channels. This is especially due to the unwillingness of victims of trafficking to identify themselves or their perpetrators, as well as the unwillingness of some citizens to become involved. Therefore, Thailand’s next attempt is to improve and produce a more comprehensive system of data collection and analysis, disaggregated by sex, age, region and other socio-economic categories. The Committee considered that the issues of improving data collection on the number of children involved in trafficking and the effective enforcement of the penalties for child trafficking are linked. It welcomed the willingness of the Government to improve the system of data collection and analysis on trafficked children. In view of the high number of children under 18 years who are victims of trafficking and prostitution, the Committee requests the Government to redouble its efforts to ensure that persons who traffic in children or exploit children in prostitution are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also encourages the Government to pursue its efforts to improve the system of data collection and analysis on children involved in the worst forms of child labour, especially in trafficking and commercial sexual exploitation. In this regard, it requests the Government to provide, in its next report, statistical information on the number of children involved in trafficking and commercial sexual exploitation, and on infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2. Measures aimed at securing compensation for victims of trafficking. The Committee noted that the Government has taken a number of measures aimed at securing justice and compensation for victims of trafficking, including children, and protecting victims of trafficking during the trial period. In particular, it noted that the Prevention and Suppression of Human Trafficking Act, has been adopted in order to improve the judicial system to ensure justice for victims of trafficking and prosecute the offenders. More specifically, this Act covers the following aspects: (a) the possibility of prosecuting every offender of human trafficking, no matter where the offence has been committed; (b) the protection of victims of trafficking and witnesses during the trial; (c) the possibility for victims of trafficking to claim compensation from the offenders; and (d) the provision of funds amounting to 500 million baht set up by the Government under the draft Prevention and Suppression of Human Trafficking Act, for the rehabilitation, occupational training and development of victims of trafficking. In this regard, the Government adds that the Accused Act, BE 2544 (2001) states that children who are deceived into trafficking, prostitution, or forced labour, shall receive compensation. The Committee further noted the Government’s information that the Central Juvenile and Family Court, in order to give effect to the provisions of the Convention, has taken several measures aimed at training court officers to deal with children involved in trials. The Committee requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act, pursuant to its adoption.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Trafficking of children. The Committee had previously noted that the Government, with the assistance of ILO/IPEC and collaboration of the social partners and NGOs decided, on 17 January 2005, to establish, under the TICW, joint forces in Chiang Mai, Chaing Rai and Phayao. The objectives of the joint forces were to collect data concerning the supply of and demand for trafficked individuals, to establish victim-support hotlines, raise awareness about the dangers of human trafficking, strengthen networks, develop provincial and district mechanisms for the prevention of trafficking, and promote community and school “watchdogs”. The action programme would last 16 to 24 months and was expected to benefit 12,000 children and women from Chiang Mai, Chaing Rai and Phayao, who were at heightened risk of being trafficked. The Committee noted that, according to the TICW-II progress report of 2007, a provincial-level database has been developed, which contains data from various sources on persons and communities at risk of trafficking, victims of trafficking (especially for sexual exploitation), workplaces considered vulnerable to trafficking, and lessons learned. Moreover, the following activities have been carried out to raise awareness on child trafficking issues: (a) a seminar aimed at increasing the media’s knowledge on trafficking and migration issues; (b) a campaign to stop violence against women and children; (c) the establishment of watchdog systems in the vulnerable communities of Phayao, Chiang Rai, and Chiang Mai; (d) the distribution of a safe migration guide for foreign migrant workers in the subregion. The Committee noted with interest that, according to the same report, 1,786 boys, 2,765 girls, and 921 young women have been prevented from trafficking through the provision of educational services or training opportunities. Furthermore, 396 boys, 286 girls, and 1,511 young women have been prevented from trafficking through the provision of other non‑education-related services.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. TICSA project. The Committee noted that, according to the TICSA, Phase II, progress report of 2006, TICSA-II and the Centre for the Protection of Children’s Rights jointly initiated the documentation of the “Multi Disciplinary Approach to Rehabilitation of the Victims of Trafficking”. This systematic approach to rehabilitation with the support of a group of experts (physicians, psychologists, lawyers, police), has proven to be successful in various shelters. Moreover, as the “Case Information Management System” (a computer software that improves the capacity of collecting data of trafficked victims – CIMS), developed and implemented at two Government shelters, was successful, the Ministry of Social Development and Human Security (MSDHS) has planned to set up a computerized database at its shelters in other provinces.  

2. Measures adopted by the Ministry of Social Development and Human Security (MSDHS). The Committee noted with interest the Government’s information that the MSDHS has adopted the following measures to protect and assist children and women who are trafficked both into and out of Thailand:

(a)    establishment of the Operation Centre on Human Trafficking at the provincial, national and international levels, aimed at coordinating the concerned organizations to protect and assist the victims of trafficking;

(b)    provision of welfare protection to child and women victims of trafficking;

(c)    establishment of 99 welfare homes (the most important is the Kredtrakarn Protection and Occupational Development Centre) in 75 provinces to provide temporary assistance to Thai and non-Thai child and women victims of trafficking;

(d)    establishment of reception homes for women, and welfare protection and occupational development centres for women, in order to provide trafficked women with rehabilitative services;

(e)    provision of counselling on human trafficking concerns, especially through the telephone helpline “1300”;

(f)    development of return and reintegration programmes with Cambodia, Lao People’s Democratic Republic, Myanmar, and Yunnan Province in China.

The Committee noted the Government’s information that the number of foreign victims assisted and housed in the MSDHS’s shelters from 1999 to 2004 was 1,633. Moreover, according to the record of the MSDHS from 2000 to 2005, 3,062 foreign trafficking victims have been protected in Thai shelters and repatriated to their home countries. These include: 959 Cambodians, 567 Burmese, 501 Laotians, 20 Chinese, 12 Vietnamese, nine persons of other nationalities and four of unidentified nationality. The Committee requests the Government to specify how many of these victims of trafficking are children under 18 years. It also requests the Government to continue providing information on the number of child victims of trafficking, including Thai children, who have been rehabilitated and reintegrated in their communities.

Clause (d). Children at special risk. 1. Children from ethnic minorities. The Committee had previously noted that, according to the ILO/IPEC’s report of December 2004 on TICW, ethnic communities in the north of Thailand are particularly vulnerable to trafficking and labour exploitation. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to protect children under 18 years of age of ethnic minorities from trafficking for labour or sexual exploitation, particularly from prostitution.

2. Migrant workers. The Committee noted the information contained in the TICW, phase II, progress report of 2007 (page 16), that the document “The Mekong challenge – underpaid, overworked and overlooked: The situation of young migrant workers in Thailand”, based on a research project targeting migrant workers in agriculture, fishing, fish-processing, small-scale manufacturing, and domestic work underlines several human rights violations, such as the forced labour and hazardous work of young migrant workers. However, ILO/IPEC is starting a new project entitled “Support for national action to combat child labour and its worst forms in Thailand”. The project, which started in 2006 and will end in 2010, primarily targets migrant children found in the worst forms of child labour and will promote improved education and training policies. The Committee requests the Government to provide information on the impact of the ILO/IPEC project “Support for national action to combat child labour and its worst forms in Thailand” on protecting child migrant workers from the worst forms of child labour. 

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee noted that, according to the Government’s report, the following measures have been taken to combat child trafficking at the regional level: (a) the UN inter-agency project on trafficking in women and children in the Mekong subregion (UNIAP) has conducted meetings under the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) to strengthen cooperation and coordination among countries to deal more effectively with human trafficking; (b) a draft MOU on cooperation against trafficking in persons in the greater Mekong subregion has been proposed; and (c) the MSDHS has maintained coordination with five countries in the Mekong subregion through governmental, non-governmental, international organizations, embassies in Thailand and embassies in those countries, for providing assistance to foreign children and female victims of trafficking. In particular, physical and psychological rehabilitation is being provided for the foreign trafficking victims while maintaining coordination with the relevant agencies in the countries of origin in order to trace the families of the victims and assess how well prepared they are for the reintegration of the woman or child victim in the society. The Committee requests the Government to continue providing information on the concrete measures taken to eliminate the cross-border trafficking of children for labour and sexual exploitation, and the results achieved.

2. Bilateral agreements. The Committee had previously noted that Thailand and Cambodia signed, on 31 May 2003, an MOU on bilateral cooperation for eliminating trafficking in children and women and assisting victims of trafficking, targeting the repatriation process, the prosecution process, and collecting and exchanging information. Moreover, an MOU on bilateral cooperation for the elimination of trafficking in children and women and assistance to victims of trafficking between Thailand and Lao People’s Democratic Republic was signed on 13 July 2005. Finally, a draft MOU between Thailand and Viet Nam, based on the model MOU between Thailand and Cambodia, has been drawn up. The Committee requests the Government to provide information on the concrete measures adopted under the bilateral MOUs and the results achieved with regard to eliminating the trafficking of children between the countries parties to the bilateral agreements.

3. Poverty alleviation. The Committee noted the Government’s information that, according to the report of the Office of the National Economic and Social Development Board (NESDB), proactive and socio-economic measures have been employed to integrate human trafficking strategies with development and poverty eradication. These include the policies of allocating 1 million baht to each village to use as a credit facility, and offering microfinance which would enable Thai women to have more opportunities to gain more income and diminish their risk of being trafficked to foreign countries. The economic cooperative strategy project has been promoted in neighbouring countries to mitigate the cases of trafficked women and children sent to Thailand. Moreover, the mobile unit “Poverty Eradication Caravan” has been set up by the Ministry of Labour to give advisory services to the poor in order to eradicate poverty and combat the worst forms of child labour. The Committee requests the Government to provide information on the impact of the microfinance credits, the economic cooperative strategy project, and the Poverty Eradication Caravan, on the effective reduction of poverty among children removed from trafficking and commercial sexual exploitation.

The Committee is also addressing a direct request to the Government concerning certain other points.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 283bis of the Penal Code provides that whoever procures a person under 18 years of age for an “indecent sexual act”, commits an offence. It had noted that, according to information available at the Office, it is prohibited under section 287 of the Penal Code to make, produce, possess, import, export, or transport any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematographic film, noise tape, picture tape or any other material with a pornographic content. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide a definition of an “indecent sexual act” under section 283bis of the Penal Code. It also once again requests the Government to supply a copy of section 287 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had noted that the production, importation, exportation, possession or consumption of narcotics is prohibited under the Narcotics Act of 1979. Since the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs did not seem to be prohibited under this Act, the Committee had requested the Government to indicate the measures taken or envisaged to this end, in conformity with Article 3(c) of the Convention. The Committee notes the absence of information on this point in the Government’s report. It observes, as already previously observed, that, according to the rapid assessment conducted by ILO/IPEC (August 2002, pages 16, 21, 30 and 31), children as young as 10 years of age participate in drug trafficking, the majority of them are aged 12 to 16 and are used to buy or sell drugs. The Committee requests the Government to take the necessary measures to prohibit the use, procuring and offering of a child for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. Workers in the informal sector and self-employed workers. The Committee had previously noted that children working in the informal sector and self-employed workers under 18 years of age do not benefit from the protection laid down in the Labour Protection Act or in Regulation No. 6 of 1998, and consequently are not protected from performing hazardous work. It had also noted that the informal sector includes domestic work, work performed in the fishing industries, trading, and restaurants. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age or those working in the informal sector from work which, by its nature or the circumstances under which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted the Government’s indication that the labour inspection’s findings are used by the Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the views of the Occupational Safety, Health and Environment Committee on where the types of hazardous work exist.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “labour inspection is neither adequate nor comprehensive, especially in small-scale enterprises. These enterprises carry out subcontracted assignments whose outputs and workers are not easily regulated”. The Committee had requested the Government to provide information on the measures taken or envisaged to provide labour inspectors with the necessary support to ensure effective implementation of the legal provisions concerning the worst forms of child labour. The Committee notes the Government’s information that, according to the statistical figures of the Labour Standards Development Bureau, there has been an improvement in the labour law compliance of establishments inspected from the year 2001 to 2004: particularly, the percentage of compliance has increased from 69.92 per cent in 2001 to 78.90 per cent in 2004. Statistics for 2004 indicate that 58,798 establishments were inspected 69,446 times. Out of 34,332 children working, 5,308 were found working illegally. The Committee notes that the statistics provided by the Government provide only partial information on the type of illegal work performed by those children. The Committee requests the Government to specify, in its next report, how many children under 18 years were found to be involved in the worst forms of child labour, especially hazardous work.

2. National Committee for the Elimination of the Worst Forms of Child Labour. Following its previous comments the Committee notes that the National Committee on ILO Convention No. 182 was appointed on 20 February 2006. The Committee, chaired by the Minister of Labour and Social Welfare has the following duties: (1) to consider the National Plan of Action on the Worst Forms of Child Labour (NPA); (2) to provide policy recommendations in accordance with Convention No. 182; (3) to oversee, advise and monitor the implementation of the NPA; (4) to promote research work in support of the elimination of the worst forms of child labour; (5) to coordinate with concerned agencies in and outside the country to eliminate the worst forms of child labour; (6) to consider directions to report on the implementation of the obligations under Convention No. 182; (7) to appoint subcommittees or working groups as deemed appropriate; (8) to perform other related appropriate duties. The Committee requests the Government to provide information on the concrete measures taken by the National Committee on ILO Convention No. 182.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee had previously noted that the Ministry of Labour, in cooperation with ILO/IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour (NPA) in 2004. It had noted that the Government had decided to give priority to the following: (i) children used for the production of pornography and pornographic performances; (ii) children used for illicit activities, particularly the production and trafficking of drugs; (iii) children working in chemical, fishing and furniture manufacturing industries; (iv) children working in domestic services, in the agricultural and other informal sectors such as street begging and vending; and (v) vulnerable children (i.e. immigrant children, children without birth certificates or official identification documents, children from ethnic minorities, children living in poverty, runaway children and children who have dropped out of school). The Committee had noted that the NPA includes preventive measures as well as measures to ensure the rehabilitation and social reintegration of children involved in the worst forms of child labour. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken under the NPA and their impact on eliminating the abovementioned worst forms of child labour.

2. ILO/IPEC project “Support for national action to combat child labour and its worst forms in Thailand”. The Government notes that ILO/IPEC is implementing in Thailand the project entitled “Support for national action to combat child labour and its worst forms in Thailand” which started in September 2006 and will be completed in March 2010. This project, which will support the Government’s NPA, will focus on preventing and eliminating the worst forms of child labour in six provinces (Chiang Rai, Tak, Udon Thani, Samut Sakhon, Pattani and Songkhla). It will also assist provincial interventions within the framework of provincial development strategies on education, poverty reduction and human resources development. This will be done through awareness-raising, education, vocational training and family livelihood. The project aims to develop models of good practices which can be replicated in other provinces in the future. The Committee requests the Government to provide information on the impact of the ILO/IPEC project “Support for national action to combat child labour and its worst forms in Thailand” on the elimination of the worst forms of child labour in the abovementioned six provinces.

Article 7, paragraph 2. Time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee had previously observed that one of the objectives of the NPA is to improve the effectiveness of mechanisms to protect and remove child workers from the worst forms of child labour. The plan also provides for the rehabilitation and social reintegration of children involved in the worst forms of child labour. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken under the NPA to remove children from the worst forms of child labour, and to provide for their rehabilitation and social integration.

Clause (d). Children at special risk. Agricultural work. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that “there is no legislation directly protecting child labour in agricultural undertakings”. It had also noted the Government’s indication that the Ministry of Labour took measures to analyse the occupational safety of children working in the agricultural sector. It had further noted that, according to the Ministry of Labour (National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004–09), pages 2 and 10), many children were found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. Moreover, most of the studies to date revealed that child labour is increasing in the agricultural sector. The Committee notes the Government’s information that Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005, provides for minimum ages, welfare and safe work for young persons working in the agricultural sector, based on the Labour Protection Act. The Committee requests the Government to provide information on the effective and time-bound measures taken to ensure that young persons under 18 years working in the agricultural sector are protected from hazardous work. It also requests the Government to supply a copy of the Ministerial Regulation concerning the Labour Protection Act on Agricultural Sector, BE 2548 of 2005 with its next report.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes with satisfaction that the draft Prevention and Suppression of Human Trafficking Act has been adopted by the National Legislative Assembly in November 2007. This Act defines “human trafficking” as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or the use of force or other forms of coercion, abduction, fraud, deception, of the abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The consent of a child or woman victim of trafficking to the intended exploitation should be irrelevant where any of the abovementioned means have been used. Key elements of the Act include, amongst others, protective and rehabilitative measures (physical, psychological, legal, and educational services) provided to the victims of trafficking. The Committee requests the Government to provide a copy of the Prevention and Suppression of the Human Trafficking Act with its next report.

Article 5. Monitoring mechanisms. 1. The police and public officials. The Committee notes the Government’s information on various measures aimed at training and raising public officials’ awareness on preventing and eliminating child trafficking and commercial sexual exploitation. In particular, the Department of Labour Protection and Welfare has carried out various seminars on collaboration between concerned agencies aimed at raising the awareness of public officials in preventing, eliminating and punishing unfair labour practices concerning children and women. The seminars were attended by 50 officers, including the Immigration Bureau and Juvenile Aid Subdivision under the Office of the Royal Thai Police. Moreover, the various measures promoted by the Subcommittee to Coordinate Combating Trafficking in Children and Women (SCTCW) to implement the National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women (NPA on Trafficking in Children and Women 2003–07) include the following: (a) promoting cooperation with the Royal Thai Police to establish a specific unit responsible for combating trafficking of children and women (Suppression of Offences against Children, Youth and Women Division); (b) organizing workshops for officers responsible for protecting children, women and disadvantaged persons. The Committee requests the Government to provide information on the concrete measures taken by the newly established Division on the Suppression of Offences against Children, Youth and Women, to combat child trafficking.

2. Protection and Occupational Development Committee (PODC). The Committee had previously noted that the Prostitution Act of 1996 established a Protection and Occupational Development Committee (PODC), composed of representatives of various ministries as well as representatives of the police and central and juvenile court police (section 14). The PODC was responsible for coordinating plans of action, projects, working systems and determining action plans to be implemented jointly by government agencies and the private sector involved in preventing and suppressing prostitution (section 15 of the Prostitution Act). Noting that the Government provides no information on the concrete measures taken by the PODC as well as their impact on preventing and eliminating child prostitution, the Committee requests the Government to provide information on this point in its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. The ILO/IPEC TICW project and the National Plan on Prevention and Resolution of Domestic and Cross-border Trafficking in Children and Women (NPA on Trafficking in Children and Women 2003–07). The Committee had previously noted that the ILO/IPEC project to combat trafficking in children and women in the Mekong subregion (TICW project) was launched in 2000 and covered Thailand, Lao People’s Democratic Republic, Viet Nam, Cambodia and Yunnan (province of China). In Thailand, the first phase of the project (2000–03) focused on rural communities in the provinces of Phayao, Chiang Mai, Chiang Rai and Nong Khai. The second phase of the project (2003–08) would expand project interventions to cover the complete perspective of Thailand as a source, transit and destination country of trafficking victims with the objectives of: (i) enhancing the capacity of governmental agencies, civil society organizations and community-based groups to combat and monitor human trafficking; (ii) providing direct assistance to vulnerable groups (including people living in poor rural areas, tribal and migrant peoples); and (iii) increasing the role of the organizations of employers and workers in combating the trafficking of children and women. In the framework of the second phase of the TICW project, the National Committee on Combating Trafficking in Children and Women launched, in 2003, its first National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women (NPA on Trafficking in Children and Women 2003–07), focusing on prevention, with short-term and long-term interventions, as well as on research, monitoring and evaluation systems. The Committee notes the Government’s information that the following activities have been carried out at the national level in implementing the NPA: (a) signing of memorandum of understandings (MOUs) for nine northern provinces on common guidelines of practices for agencies in addressing trafficking in children and women; (b) MOU on the common guidelines and practice for government agencies concerned with cases of trafficking of children and women; (c) MOU on the procedural cooperation between governmental and non-governmental agencies concerned with cases of trafficking of children and women; (d) MOU on the operational guidelines of NGO agencies concerned with cases of trafficking of children and women. The Committee further notes the information contained in the TICW, phase II (TICW-II), progress report of 2007 that the Operational Centre for the Prevention and the Protection of Trafficking in Women and Children and the concerned governmental and non-governmental agencies signed the domestic MOU on trafficking among 19 north-eastern provinces (3 July 2006). The MOUs will be expanded to cover all 17 northern provinces in the first half of 2007. The Committee requests the Government to continue to provide information on the concrete measures taken at the national level in implementing the second phase of the TICW and the NPA on Trafficking in Children and Women 2003–07, and their impact on eliminating child trafficking.

2. Child prostitution. In its previous comments, the Committee had noted that the Office of the National Commission on Women’s Affairs estimated that there were between approximately 22,500 and 40,000 prostitutes under 18 years of age (representing approximately 15–20 per cent of the overall number of prostitutes). These estimates did not include foreign child prostitutes. It had also noted that, according to UNICEF, estimates of the number of children engaged in prostitution varied from 60,000 to 200,000, with 5 per cent of them being boys (Official summary of the state of the world’s children 2005). The Committee had noted that the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004–09), aims at preventing and eliminating the worst forms of child labour, including child prostitution and had asked the Government to provide information on the concrete measures taken under the National Plan of Action. The Committee is very concerned about the absence of information from the Government on this point. It observes that although the commercial sexual exploitation of persons under 18 is prohibited by law, it remains an issue of concern in practice. It once again requests the Government to provide information on the concrete measures taken under the National Plan of Action to eliminate the use, procuring or offering of a child under 18 for prostitution, and the results achieved.

Article 7, paragraph 1. Penalties. 1. Statistical information on child victims of trafficking and commercial sexual exploitation, prosecutions, convictions and penalties. The Committee had previously noted that the enforcement of the existing penalties was very ineffective. It notes the Government’s information that, according to the statistical figures of the Office of the Court of Justice, in the period 2003–04 there were 823 prosecutions concerning the offences of procuring and trafficking children for the purposes of prostitution and sexual abuse under the Penal Code. The Committee also notes that the Government mentions the difficulty of collecting precise statistics on the worst forms of child labour, especially on national and international trafficking through illegal channels. This is especially due to the unwillingness of victims of trafficking to identify themselves or their perpetrators, as well as the unwillingness of some citizens to become involved. Therefore, Thailand’s next attempt is to improve and produce a more comprehensive system of data collection and analysis, disaggregated by sex, age, region and other socio-economic categories. The Committee considers that the issues of improving data collection on the number of children involved in trafficking and the effective enforcement of the penalties for child trafficking are linked. It welcomes the willingness of the Government to improve the system of data collection and analysis on trafficked children. In view of the high number of children under 18 years who are victims of trafficking and prostitution, the Committee requests the Government to redouble its efforts to ensure that persons who traffic in children or exploit children in prostitution are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also encourages the Government to pursue its efforts to improve the system of data collection and analysis on children involved in the worst forms of child labour, especially in trafficking and commercial sexual exploitation. In this regard, it requests the Government to provide, in its next report, statistical information on the number of children involved in trafficking and commercial sexual exploitation, and on infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2. Measures aimed at securing compensation for victims of trafficking. The Committee notes that the Government has taken a number of measures aimed at securing justice and compensation for victims of trafficking, including children, and protecting victims of trafficking during the trial period. In particular, it notes that the Prevention and Suppression of Human Trafficking Act, has been adopted in order to improve the judicial system to ensure justice for victims of trafficking and prosecute the offenders. More specifically, this Act covers the following aspects: (a) the possibility of prosecuting every offender of human trafficking, no matter where the offence has been committed; (b) the protection of victims of trafficking and witnesses during the trial; (c) the possibility for victims of trafficking to claim compensation from the offenders; and (d) the provision of funds amounting to 500 million baht set up by the Government under the draft Prevention and Suppression of Human Trafficking Act, for the rehabilitation, occupational training and development of victims of trafficking. In this regard, the Government adds that the Accused Act, BE 2544 (2001) states that children who are deceived into trafficking, prostitution, or forced labour, shall receive compensation. The Committee further notes the Government’s information that the Central Juvenile and Family Court, in order to give effect to the provisions of the Convention, has taken several measures aimed at training court officers to deal with children involved in trials. The Committee requests the Government to indicate in its next report the number of former child victims of trafficking who have received compensation either from the offenders or through funds set up by the Government under the Accused Act BE 2544 (2001) or the Prevention and Suppression of Human Trafficking Act, pursuant to its adoption.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Trafficking of children. The Committee had previously noted that the Government, with the assistance of ILO/IPEC and collaboration of the social partners and NGOs decided, on 17 January 2005, to establish, under the TICW, joint forces in Chiang Mai, Chaing Rai and Phayao. The objectives of the joint forces were to collect data concerning the supply of and demand for trafficked individuals, to establish victim-support hotlines, raise awareness about the dangers of human trafficking, strengthen networks, develop provincial and district mechanisms for the prevention of trafficking, and promote community and school “watchdogs”. The action programme would last 16 to 24 months and was expected to benefit 12,000 children and women from Chiang Mai, Chaing Rai and Phayao, who were at heightened risk of being trafficked. The Committee notes that, according to the TICW-II progress report of 2007, a provincial-level database has been developed, which contains data from various sources on persons and communities at risk of trafficking, victims of trafficking (especially for sexual exploitation), workplaces considered vulnerable to trafficking, and lessons learned. Moreover, the following activities have been carried out to raise awareness on child trafficking issues: (a) a seminar aimed at increasing the media’s knowledge on trafficking and migration issues; (b) a campaign to stop violence against women and children; (c) the establishment of watchdog systems in the vulnerable communities of Phayao, Chiang Rai, and Chiang Mai; (d) the distribution of a safe migration guide for foreign migrant workers in the subregion. The Committee notes with interest that, according to the same report, 1,786 boys, 2,765 girls, and 921 young women have been prevented from trafficking through the provision of educational services or training opportunities. Furthermore, 396 boys, 286 girls, and 1,511 young women have been prevented from trafficking through the provision of other non‑education-related services.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. TICSA project. The Committee notes that, according to the TICSA, Phase II, progress report of 2006, TICSA-II and the Centre for the Protection of Children’s Rights jointly initiated the documentation of the “Multi Disciplinary Approach to Rehabilitation of the Victims of Trafficking”. This systematic approach to rehabilitation with the support of a group of experts (physicians, psychologists, lawyers, police), has proven to be successful in various shelters. Moreover, as the “Case Information Management System” (a computer software that improves the capacity of collecting data of trafficked victims – CIMS), developed and implemented at two Government shelters, was successful, the Ministry of Social Development and Human Security (MSDHS) has planned to set up a computerized database at its shelters in other provinces.  

2. Measures adopted by the Ministry of Social Development and Human Security (MSDHS). The Committee notes with interest the Government’s information that the MSDHS has adopted the following measures to protect and assist children and women who are trafficked both into and out of Thailand:

(a)   establishment of the Operation Centre on Human Trafficking at the provincial, national and international levels, aimed at coordinating the concerned organizations to protect and assist the victims of trafficking;

(b)   provision of welfare protection to child and women victims of trafficking;

(c)   establishment of 99 welfare homes (the most important is the Kredtrakarn Protection and Occupational Development Centre) in 75 provinces to provide temporary assistance to Thai and non-Thai child and women victims of trafficking;

(d)   establishment of reception homes for women, and welfare protection and occupational development centres for women, in order to provide trafficked women with rehabilitative services;

(e)   provision of counselling on human trafficking concerns, especially through the telephone helpline “1300”;

(f)    development of return and reintegration programmes with Cambodia, Lao People’s Democratic Republic, Myanmar, and Yunnan Province in China.

The Committee notes the Government’s information that the number of foreign victims assisted and housed in the MSDHS’s shelters from 1999 to 2004 was 1,633. Moreover, according to the record of the MSDHS from 2000 to 2005, 3,062 foreign trafficking victims have been protected in Thai shelters and repatriated to their home countries. These include: 959 Cambodians, 567 Burmese, 501 Laotians, 20 Chinese, 12 Vietnamese, nine persons of other nationalities and four of unidentified nationality. The Committee requests the Government to specify how many of these victims of trafficking are children under 18 years. It also requests the Government to continue providing information on the number of child victims of trafficking, including Thai children, who have been rehabilitated and reintegrated in their communities.

Clause (d). Children at special risk. 1. Children from ethnic minorities. The Committee had previously noted that, according to the ILO/IPEC’s report of December 2004 on TICW, ethnic communities in the north of Thailand are particularly vulnerable to trafficking and labour exploitation. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the measures taken or envisaged to protect children under 18 years of age of ethnic minorities from trafficking for labour or sexual exploitation, particularly from prostitution.

2. Migrant workers. The Committee notes the information contained in the TICW, phase II, progress report of 2007 (page 16), that the document “The Mekong challenge – underpaid, overworked and overlooked: The situation of young migrant workers in Thailand”, based on a research project targeting migrant workers in agriculture, fishing, fish-processing, small-scale manufacturing, and domestic work underlines several human rights violations, such as the forced labour and hazardous work of young migrant workers. However, ILO/IPEC is starting a new project entitled “Support for national action to combat child labour and its worst forms in Thailand”. The project, which started in 2006 and will end in 2010, primarily targets migrant children found in the worst forms of child labour and will promote improved education and training policies. The Committee requests the Government to provide information on the impact of the ILO/IPEC project “Support for national action to combat child labour and its worst forms in Thailand” on protecting child migrant workers from the worst forms of child labour. 

Article 8. International cooperation and assistance. 1. Regional cooperation. Following its previous comments, the Committee notes that, according to the Government’s report, the following measures have been taken to combat child trafficking at the regional level: (a) the UN inter-agency project on trafficking in women and children in the Mekong subregion (UNIAP) has conducted meetings under the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) to strengthen cooperation and coordination among countries to deal more effectively with human trafficking; (b) a draft MOU on cooperation against trafficking in persons in the greater Mekong subregion has been proposed; (c) the MSDHS has maintained coordination with five countries in the Mekong subregion through governmental, non-governmental, international organizations, embassies in Thailand and embassies in those countries, for providing assistance to foreign children and female victims of trafficking. In particular, physical and psychological rehabilitation is being provided for the foreign trafficking victims while maintaining coordination with the relevant agencies in the countries of origin in order to trace the families of the victims and assess how well prepared they are for the reintegration of the woman or child victim in the society. The Committee requests the Government to continue providing information on the concrete measures taken to eliminate the cross‑border trafficking of children for labour and sexual exploitation, and the results achieved.  

2. Bilateral agreements. The Committee had previously noted that Thailand and Cambodia signed, on 31 May 2003, an MOU on bilateral cooperation for eliminating trafficking in children and women and assisting victims of trafficking, targeting the repatriation process, the prosecution process, and collecting and exchanging information. Moreover, an MOU on bilateral cooperation for the elimination of trafficking in children and women and assistance to victims of trafficking between Thailand and Lao People’s Democratic Republic was signed on 13 July 2005. Finally, a draft MOU between Thailand and Viet Nam, based on the model MOU between Thailand and Cambodia, has been drawn up. The Committee requests the Government to provide information on the concrete measures adopted under the bilateral MOUs and the results achieved with regard to eliminating the trafficking of children between the countries parties to the bilateral agreements.

3. Poverty alleviation. Following its previous comments, the Committee notes the Government’s information that, according to the report of the Office of the National Economic and Social Development Board (NESDB), proactive and socio-economic measures have been employed to integrate human trafficking strategies with development and poverty eradication. These include the policies of allocating 1 million baht to each village to use as a credit facility, and offering microfinance which would enable Thai women to have more opportunities to gain more income and diminish their risk of being trafficked to foreign countries. The economic cooperative strategy project has been promoted in neighbouring countries to mitigate the cases of trafficked women and children sent to Thailand. Moreover, the mobile unit “Poverty Eradication Caravan” has been set up by the Ministry of Labour to give advisory services to the poor in order to eradicate poverty and combat the worst forms of child labour. The Committee requests the Government to provide information on the impact of the microfinance credits, the economic cooperative strategy project, and the Poverty Eradication Caravan, on the effective reduction of poverty among children removed from trafficking and commercial sexual exploitation.

The Committee is also addressing a direct request to the Government concerning certain other points.

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

The Committee notes the Government’s first report and requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Compulsory recruitment of children for use in armed conflict. The Committee notes that article 69 of the Constitution states that "every person shall have a duty to defend the country, and serve in the armed forces [...]". It also notes that, according to the Government’s indication to the Committee on the Rights of the Child (CRC/C/83/Add.15, 31 May 2005, paragraph 507), the Military Service Act of 1954 provides that male nationals who have reached 20 years of age are required to register their names for the purpose of enlistment. The actual recruitment into the armed forces of those enlisted takes place only when they reach 21 years of age (section 25 of the aforementioned Act). According to information available at the Office, the minimum age for voluntary recruitment of males and for enlistment into the paramilitary forces is 18 years. The Committee requests the Government to provide a copy of the relevant legal provisions regulating the recruitment of children in armed conflicts.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 283bis of the Penal Code provides that whoever procures a person under 18 years of age for an indecent sexual act, commits an offence. It also observes that, according to information available at the Office, it is prohibited under section 287 of the Penal Code to make, produce, possess, import, export, or transport any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematographic film, noise tape, picture tape or any other material with a pornographic content. The Committee requests the Government to provide a definition of an "indecent sexual act" under section 283bis of the Penal Code. It also asks the Government to supply a copy of section 287 of the Penal Code.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the production, importation, exportation, possession or consumption of narcotics is prohibited under the Narcotics Act of 1979. Since the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs does not seem to be prohibited under this Act, the Committee requests the Government to indicate the measures taken or envisaged to this end, in conformity with Article 3(c) of the Convention.

Article 3, clause (d) and Article 4, paragraph 1. Hazardous work. The Committee notes that section 48 of the Labour Protection Act of 1998 prohibits the employment of young persons under 18 in the following types of work: (i) metal melting, blowing, casting, rolling or pressing; (ii) work involving exposure to heat, cold, vibration, noise and light of an abnormal level which may be hazardous (details on the types of work concerned are provided for in Ministerial Regulation No. 6, BE 2541 of 1998); (iii) work involving exposure to hazardous chemical substances as prescribed in Ministerial Regulation No. 6 of 1998; (iv) work involving exposure to poisonous micro-organisms which may be a virus, bacterium, fungus, or any other germs as prescribed in Ministerial Regulation No. 6 of 1998; (v) work involving exposure to poisonous substances, explosives or inflammable material, other than work in a petrol station (details on the types of work concerned are provided for in Ministerial Regulation No. 6 of 1998); (vi) driving or controlling a forklift or a crane as prescribed in Ministerial Regulation No. 6 of 1998; (vii) work requiring the use of an electric or motor saw; (viii) underground or underwater work; (ix) work involving exposure to radioactivity as prescribed in Ministerial Regulation No. 6 of 1998; (x) cleaning of machinery or engines while in operation; (xi) work performed with scaffolding ten metres high or more; and (xii) other types of work as prescribed by Ministerial Regulation No. 6 of 1998. Section 50 of the Labour Protection Act further provides for a list of places in which young persons under the age of 18 years shall not work; namely, slaughterhouses, gambling places, massage salons or discotheques. The Committee also observes that young persons under 18 years of age shall not perform night work (i.e. between 10 p.m. and 6 a.m.), overtime work or work during holidays (sections 47 and 48 of the Labour Protection Act).

2. Workers in the informal sector and self-employed workers. The Committee notes the indication of the Ministry of Labour (National Plan of Action of the Elimination of the Worst Forms of Child Labour (2004-09)) that children who work in the informal sector are not covered by the Labour Protection Act of 1998. The informal sector includes domestic work, work performed in the fishing industries, trading, and restaurants. The Ministry of Labour adds that a large number of migrant children coming from neighbouring countries are found to work in the informal sector. The Committee also observes that the Labour Protection Act prohibits the employment of young persons in various hazardous occupations, in public administration and state enterprises (section 4). An employee is defined under section 4 of the Labour Protection Act as a person who agrees to work for an employer in return for a wage. The Committee also observes that Regulation No. 6, which provides details on the activities and places prohibited for persons under 18 years of age, applies to persons who entered into an employment relationship with an employer. Noting that children working in the informal sector and self-employed workers under 18 years of age do not benefit from the protection laid down in the Labour Protection Act or in Regulation No. 6 of 1998, the Committee reminds the Government that Article 3(d) of the Convention applies to all workers regardless of their activities or types of employment. The Committee consequently requests the Government to provide information on the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age working in the informal sector from work which, by its nature or the circumstances under which it is carried out, is likely to harm their health, safety and morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that consultations are held with the organizations of employers and workers within the Occupational Safety, Health and Environment Committee which is in charge of making recommendations to the Minister on occupational health and safety programmes or regulations. The Government adds that the labour inspection’s findings are used by this Occupational Safety, Health and Environment Committee to identify where the types of hazardous work exist. The Committee accordingly requests the Government to provide information on the views of the Occupational Safety, Health and Environment Committee on where the types of hazardous work exist.

Article 4, paragraph 3. Periodical examination and revision of the types of hazardous work. The Committee notes the Government’s indication that the list of the types of hazardous work will be examined, reviewed and revised when labour officers, employers, employees or any other concerned persons face difficulties in enforcing or implementing the Labour Protection Act, or regulations based on it. The Government adds that it considers the technical studies and researches discussed, in workshops, by labour officers, organizations of employers and workers, academics, non-governmental organizations and other concerned persons to review the types of hazardous work.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication that the labour inspectorate monitors the implementation of the Labour Protection Act (and ministerial regulations based on it) that regulates the employment of persons under 18 years of age. According to section 139 of the Labour Protection Act, labour inspectors are entitled to enter workplaces at any time during working hours, question employers and employees, and examine all relevant documents. If a person violates the provisions of the Labour Protection Act, labour inspectors may issue an order requiring the offender to take the necessary measures to conform with the relevant legal provisions. The Government adds that, with regard to infringements of the provisions on forced labour or hazardous work, labour inspectors may take legal proceedings against the offender. The Committee, however, notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that "labour inspection is neither adequate nor comprehensive, especially in small-scale enterprises. These enterprises carry out subcontracted assignments whose outputs and workers are not easily regulated". The Committee also notes the Ministry of Labour’s indication (National Plan of Action of the Elimination of the Worst Forms of Child Labour (2004-09), page 2) that labour inspectors visited 525 establishments in 2001. The Committee requests the Government to provide information on the measures taken or envisaged to provide labour inspectors with the necessary support to ensure effective implementation of the legal provisions concerning the worst forms of child labour. It also asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. National Committee for the Elimination of the Worst Forms of Child Labour. The Committee notes that, according to the Ministry of Labour (National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09), page 3), the implementation of national programmes concerning elimination of the worst forms of child labour is not systematically evaluated or followed up, especially at the grass-roots level. It also observes that the Ministry of Labour is responsible for establishing a National Steering Committee for the Elimination of the Worst Forms of Child Labour which will coordinate the development of the implementing measures taken under the National Plan of Action for the Elimination of the Worst Forms of Child Labour, and monitor the programmes launched under the National Plan of Action by concerned agencies at both national and local levels. The Committee asks the Government to provide information on the measures taken to ensure that the National Committee for the Elimination of the Worst Forms of Child Labour will monitor the implementation of the measures taken under the National Plan of Action for the Elimination of the Worst Forms of Child Labour in an efficient and systematic manner.

3. Occupational Safety, Health and Environment Committee. The Committee notes the Government’s indication that the Occupational Safety, Health and Environment Committee (OSHEC) is responsible for monitoring the provisions giving effect to the Convention. It also observes that the OSHEC consists of representatives of the Ministry of Labour and Social Welfare, the Department of Labour Protection and Welfare, the Department of Health, the Department of Industrial Works, the Public Works Department as well as representatives of the organizations of employers and workers (section 100 of the Labour Protection Act). OSHEC is responsible for making recommendations to the Minister concerning measures or plans on occupational safety and health and the development of the working environment for employees as well as on ministerial regulations (section 101 of the Labour Protection Act).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Ministry of Labour, in cooperation with ILO/IPEC, launched a five-year National Plan of Action for the Elimination of the Worst Forms of Child Labour in 2004. The Ministry of Labour indicates that, since the ratification of Convention No. 182, studies have demonstrated the existence of the worst forms of child labour in Thailand. Thus, the Government has decided to give priority to the following: (i) children used for the production of pornography and pornographic performances; (ii) children used for illicit activities, particularly the production and trafficking of drugs; (iii) children working in chemical, fishing and furniture manufacturing industries; (iv) children working in domestic services, in the agricultural and other informal sectors such as street begging and vending; and (v) vulnerable children (i.e. immigrant children, children without birth certificates or official identification documents, children from ethnic minorities, children living in poverty, runaway children and children who have dropped out of school). The National Plan of Action includes preventive measures as well as measures to ensure the rehabilitation and social reintegration of children involved in the worst forms of child labour. The Committee asks the Government to provide information on the impact of this National Plan of Action on eliminating the worst forms of child labour.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. 1. Penalties. The Committee notes that sections 283bis and 287 of the Penal Code provides for sufficiently dissuasive and effective penalties for breach of the provisions prohibiting the use, procuring or offering of a child or person for the production of pornographic material. It also observes that section 144 of the Labour Protection Act also provides for sufficiently adequate penalties for violation of the provisions prohibiting the employment of children under 18 in work that is likely to harm their health, safety or morals. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

2. Corruption. The Committee notes that, according to the summary of the 9th National Economic and Social Development Plan (2002-06) drafted by the Office of the Prime Minister, the economical, political and administrative management systems are centralized and inefficient which has led to "chronic corruption in both the public and private sector". It notes with interest that one of the Plan’s targets is to prevent corruption by monitoring and eliminating corruption practices in Thailand. Considering that corruption may hinder the efficient enforcement of national legislation giving effect to the Convention, the Committee asks the Government to provide information on the results achieved by the National Economic and Social Development Plan with regard to reducing corruption practices in Thailand.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. National Plan of Action for the Elimination of the Worst forms of Child Labour. The Committee observes that some of the objectives of the National Plan of Action for the Elimination of the Worst forms of Child Labour (2004-09) are: (i) to increase public awareness on the worst forms of child labour; (ii) to reduce family poverty; and (iii) to ensure the effective monitoring of the working conditions of children in order to prevent the work from becoming hazardous. The Committee asks the Government to provide information on the impact of these measures on preventing the engagement of children in the worst forms of child labour.

2. Children engaged in drug trafficking. The Committee notes that, according to the rapid assessment conducted by ILO/IPEC (August 2002, pages 16, 21, 30 and 31), children as young as 10 years of age participate in drug trafficking, the majority of them are aged 12 to 16 and are used to buy or sell drugs. It also observes that approximately 86 per cent of children involved in drug trafficking left school. The Committee further observes that Thailand participates together with Indonesia and the Philippines in an ILO/IPEC project entitled "Assessing the situation of children in the production, sales and trafficking of drugs in Indonesia, the Philippines and Thailand", launched in September 2002. The overall objective of the project was to contribute to the prevention and elimination of one of the worst forms of child labour, namely the use of children in the production, sale and trafficking of drugs. The primary target was to enhance the understanding of the countries concerned of the use of children for the production, sale and distribution of illegal drugs. The Committee notes that the project covered 340 direct beneficiaries in Thailand; including 150 children in school, 100 community children, 30 children in Chiang Rai and 60 vulnerable children. It also had an impact on indirect beneficiaries such as families and community leaders. The Committee also observes that at the end of the project in 2004, ILO/IPEC partners in Thailand pledged to continue the work with ILO/IPEC. The Committee accordingly asks the Government to provide information on the measures taken or envisaged in collaboration with ILO/IPEC to prevent children from being used for the production and trafficking of drugs as well as on the results achieved.

3. Access to education. The Committee observes that one of the targets of the 9th National Economic and Social Development Plan (2002-06) is to ensure that young persons will have the opportunity to receive at least nine years of education by 2005 and reach an enrolment rate of 50 per cent in lower secondary education by 2006. Education is also targeted under the National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09), which aims at: (i) extending free compulsory education from nine to 12 years by 2009; (ii) providing educational loans for all children in need; (iii) facilitating access to education of children in poor families by providing them with extra support such as free meals; (iv) developing and implementing programmes to reduce the dropout rates among pupils in compulsory education; and (v) promoting non-formal education.

The Committee notes the Government’s indication that the Ministry of Education through the Non-Formal Education Department has set up 706 non-formal education centres in 16 provinces, in the central and northern parts of Thailand in order to assist children at risk and prevent them from engaging in hazardous work. The Committee asks the Government to continue to provide information on the educative measures taken to prevent children from engaging in the worst forms of child labour as well as on the results achieved.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that one of the objectives of the National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09) is to improve the effectiveness of mechanisms to protect and remove child workers from the worst forms of child labour. The Plan also provides for the rehabilitation and social reintegration of children involved in the worst forms of child labour. The Committee asks the Government to provide information on the concrete measures taken under the National Plan of Action to remove children from the worst forms of child labour, and to provide for their rehabilitation and social integration.

Clause (d). Children at special risk. Agricultural work. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 443) that "there is no legislation directly protecting child labour in agricultural undertakings". It also notes the Government’s indication that the Ministry of Labour took measures to analyse the occupational safety of children working in the agricultural sector. The Committee notes that, according to the Ministry of Labour (National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09), pages 2 and 10), many children are found working in agriculture and may be exposed to hazardous chemicals such as fertilizers and pesticides. The Ministry of Labour also indicates that most of the studies to date reveal that child labour is increasing in the agricultural sector. The Committee asks the Government to provide information on the findings of the Ministry of Labour on the occupational health and safety of children under 18 working in agriculture as well as the measures taken or envisaged to ensure that children working in agriculture do not perform work that is likely to harm their health, safety or morals.

Article 8. International cooperation. The Committee notes that Thailand is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that Thailand ratified the Convention on the Rights of the Child in 1992.

Part III of the report form. The Committee notes the absence of information in the Government’s report on this point. The Committee asks the Government to supply a copy of any court decisions on breaches of the legal provisions relevant to the application of the Convention.

Part V of the report form. The Committee notes the Government’s indication on the number of violations of the legal provisions giving effect to the Convention. The Committee asks the Government to continue to provide information on the worst forms of child labour including, for example, copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes the Government’s first detailed report. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), 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 issues of trafficking of children, forced labour and prostitution of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, by virtue of sections 4 and 5 of the Act on the Measures to Prevent and Suppress the Trafficking of Women and Children (1997) (the "Anti-Trafficking Act"), it is prohibited to buy, sell, import or export, receive, detain or confine a woman or a child, or arrange for a woman or a child under 18 years of age to act or receive an act, for sexual gratification of a third person, or for gaining an illegal benefit for that or any another person. The Committee also notes that the Penal Code as amended by Act (No. 14) B.E.2540, 1997, prohibits the trafficking of men and women for prostitution (section 282) or for "illegal benefits" (section 312). The Committee asks the Government to clarify the meaning of the term "illegal benefits" as stated in section 5 of the Anti-Trafficking Act and section 312 of the Penal Code as amended in 1997.

2. Debt bondage and serfdom and forced or compulsory labour. The Committee notes that, by virtue of article 86 of the Constitution, children and women shall be protected, by the State, from exploitative labour. It also notes that forced labour is prohibited by virtue of article 51 of the Constitution.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee notes that the Act on the Prevention and Suppression of Prostitution of 1996 (the "Prostitution Act") provides for a detailed definition of the term "prostitution" which applies to both males and females. The Committee observes that soliciting prostitution is prohibited and that the prostitute is liable to a fine (section 5 of the Prostitution Act). It is also an offence, under section 9 of the Prostitution Act, to procure, seduce or take away a person for the purpose of prostitution. The Committee notes that the procuring or luring of a person for prostitution is also a crime under section 282 of the Penal Code. It further notes that a parent or guardian of a child who knowingly helps in procuring, seducing or taking away a child for prostitution, commits an offence (section 10 of the Prostitution Act). Section 8 of the Prostitution Act states that a person who has sexual intercourse with a person under 18 in a "prostitution establishment" commits an offence. The owner or manager of a "prostitution establishment" that employs children under 18 also commits an offence (section 11 of the Prostitution Act). With regard to a person using, as a client, a child prostitute under 18 years of age, the Committee requests the Government to indicate whether such an act constitutes an offence when it is perpetrated outside a "prostitution establishment".

Article 5. Monitoring mechanisms. The Committee notes that the Prostitution Act of 1996 established a Protection and Occupational Development Committee (PODC), which is composed of representatives of various ministries as well as representatives of the police and central and juvenile court police (section 14). PODC is responsible for coordinating plans of action, projects, working systems and determining action plans to be implemented jointly by government agencies and the private sector involved in preventing and suppressing prostitution (section 15 of the Prostitution Act). The Committee accordingly asks the Government to provide information on the concrete measures taken by the PODC as well as their impact on preventing and eliminating child prostitution.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. TICW project. The Committee noted, in its previous comments, that ILO/IPEC launched in 2000 a project to combat trafficking in children and women in the Mekong subregion (TICW project). The Ministry of Labour, the Ministry of Social Development and Human Security, the National Committee on Combating Trafficking in Children and Women, non-governmental organizations (NGOs) and other UN agencies cooperate under the project. The first phase of the project (2000-03) focused on rural communities in the provinces of Phayao, Chiang Mai, Chiang Rai and Nong Khai. Five action programmes were implemented at provincial and community levels with tribal and rural poor Thai communities. The second phase of the project (2003-08) will expand project interventions to cover the complete perspective of Thailand as a source, transit and destination country of trafficking victims. The objectives under the second phase of the project are to: (i) enhance the capacity of governmental agencies, civil society organizations and community-based groups to combat and monitor human trafficking; (ii) provide direct assistance to vulnerable groups (including people living in poor rural areas, tribal and migrant peoples); and (iii) increase the role of the organizations of employers and workers in combating the trafficking of children and women. The Committee asks the Government to provide information on the concrete measures taken under the second phase of TICW to eliminate child trafficking and the results achieved.

2. TICSA project. The Committee notes that ILO/IPEC launched in 2000 the subregional project to combat child trafficking for sexual and labour exploitation (TICSA) in Bangladesh, Nepal and Sri Lanka; the project was extended to Pakistan, Indonesia and Thailand in 2003. TICSA’s objectives, by 2006, are to: (i) improve the knowledge base on trafficking to enable stakeholders to plan, implement and monitor programmes to eliminate child trafficking; (ii) strengthen the capacity of relevant governmental bodies and organizations of employers and workers to plan, implement and monitor programmes of action; (iii) assist children and families at risk of being trafficked; and (iv) rehabilitate child victims of trafficking and ensure that governmental and non-governmental organizations have the capacity to rescue and reintegrate child victims of trafficking. In Thailand, specific assistance will be provided to strengthen the rehabilitation and reintegration of Thai and non-Thai child victims of trafficking. To this end, the ILO/IPEC, in collaboration with governmental and non-governmental organizations, will implement a demonstration centre. The Committee also observes that, according to the ILO/IPEC technical progress report of March 2004 (pages 6 and 40), the Government is giving high priority to combat the trafficking in women and children. It launched, in 2003, a National Plan of Action against Trafficking in Women and Children, which focuses on prevention, rehabilitation, and seeks to develop a database on this phenomenon. The Committee asks the Government to provide information on the impact of TICSA Thailand and the National Plan of Action against Trafficking in Women and Children in terms of combating child trafficking for labour and sexual exploitation.

3. Child prostitution. The Committee notes that the Office of the National Commission on Women’s Affairs (cited in the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004-09), page 2) estimates that there are between approximately 22,500 and 40,000 prostitutes under 18 years of age. This represents approximately 15 to 20 per cent of the overall number of prostitutes. According to the Office of the National Commission on Women’s Affairs, these estimates do not include foreign child prostitutes. The Committee also notes that, according to UNICEF, estimates of the number of children engaged in prostitution vary from 60,000 to 200,000, with 5 per cent of them being boys (The Official Summary of the State of the World’s Children 2005). It further notes that priority attention will be given under the National Plan of Action on the Elimination of the Worst Forms of Child Labour (2004-09) to child prostitution. The National Plan of Action aims at preventing and eliminating the worst forms of child labour, including child prostitution. The Committee accordingly asks the Government to provide information on the concrete measures taken or envisaged under the National Plan of Action to eliminate the use, procuring or offering of a child under 18 for prostitution, and the results achieved.

Article 7, paragraph 1. Penalties. The Committee observes that, according to sections 5 and 7 of the Anti-Trafficking Act, a person who sells or traffics a child under 18 years of age for sexual exploitation or for gaining illegal benefits, is liable to a maximum of five years’ imprisonment or a fine of 10,000 baht or both. The Committee also notes that section 9 of the Prostitution Act and section 282 of the Penal Code as amended in 1997 provide that whoever procures, seduces or traffics a person under 18 years of age for prostitution is liable to three to 15 years’ imprisonment and a maximum fine of 300,000 baht. Penalties will be increased if the victim is under 15 years of age.

In its previous comments, however, the Committee noted that the actual enforcement of the existing penalties was very ineffective. Indeed, it noted that, in 2000, 33,671 establishments were inspected and 2,028,022 employees inspected. It also noted that, between October 2000 and September 2001, ten employers were prosecuted for violation of the provisions regulating the types of activities that workers under 18 are not allowed to perform. The employers were fined a total 29,000 baht and a total of 567,820 baht was claimed in damages for the victims. In one case, labour officials assisted employees in lodging a complaint against the employer for forced prostitution. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, the Government shall take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee accordingly asks the Government to take the necessary measures to ensure that persons who traffic in children or exploit children in prostitution or forced labour are prosecuted and that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the trafficking, the forced labour and the use, procuring or offering of children for prostitution.

Article 7, paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Internal trafficking of children. The Committee notes that, according to ILO findings (TICW report of December 2004), internal trafficking still constitutes a significant problem in the country with people moving from the poorer northern provinces of Chiang Rai, Chaing Mai, Phayao and Non Khai to urban and tourist areas. The Government, with the assistance of ILO/IPEC and collaboration of the social partners and NGOs decided, on 17 January 2005, to establish, under the TICW, joint forces in Chiang Mai, Chaing Rai and Phayao. The objectives of the joint forces are to collect data concerning the supply of and demand for trafficked individuals, to establish victim-support hotlines, raise awareness about the danger of human trafficking, strengthen networks, develop provincial and district mechanisms for the prevention of trafficking, and promote community and school "watchdogs". The action programme will last 16 to 24 months and is expected to benefit 12,000 children and women from Chiang Mai, Chaing Rai and Phayao, who are at heightened risk of being trafficked. The Committee asks the Government to provide information on the impact of the action programme undertaken by the joint forces on preventing the trafficking of children under 18 for labour or sexual exploitation.

2. Initiatives taken by organizations of employers. The Committee noted, in its previous comments that the Employers’ Confederation of Thailand, with the cooperation of ILO/IPEC, established an 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". It also notes that the chambers of commerce in the provincial operational centers, which were established pursuant to the anti-trafficking Memorandum of Understanding of the National Committee on Combating the Trafficking in Children and Women, participate in the prevention of child trafficking. The chambers of commerce are mobilized to involve their employers’ members in providing vulnerable young people with employment options. The Committee asks the Government to provide information on the impact of these measures in preventing the engagement of children under 18 in the worst forms of child labour.

Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Memorandum of Understanding and National Plan of Action on child victims of trafficking. The Committee notes that the Memorandum of Understanding (MOU) on Procedures for Women and Children as Victims of Trafficking of 1999 was revised and a new MOU was adopted in June 2003 (source: National Plan of Action for the Elimination of the Worst Forms of Child Labour; Ministry of Labour and ILO/IPEC (2004-09), page 7). The MOUs aim at guiding the Government concerning cooperation with NGOs as well as cooperation between NGOs. It also observes that the National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09) aims at improving the social reintegration of rescued children before they return to their communities. The Committee asks the Government to provide information on the concrete measures taken under the National Plan of Action and the MOUs to ensure the rehabilitation and social integration of child victims of trafficking, as well as the results achieved.

2. National legislation on child victims of trafficking. The Committee also notes that section 11 of the Anti-Trafficking Act provides that Officials may provide appropriate assistance to victims of trafficking. The assistance can consist of providing victims of trafficking with food, shelter and repatriation to his/her country of origin. The Committee asks the Government to provide information on the number of child victims of trafficking who were provided with assistance and the type of assistance received.

Clause (d). Children at special risk. Children from ethnic minorities. The Committee notes that, according to the ILO’s report of December 2004 on TICW, ethnic communities in the north of Thailand are particularly vulnerable to trafficking and labour exploitation. They are increasingly unable to sustain their traditional lifestyle and their girls and women are recruited for work in massage parlours, nightclubs and brothels in Bangkok and other tourist areas. They lack access to support services and often do not speak the language. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to protect children under 18 years of age of ethnic minorities from trafficking for labour or sexual exploitation, particularly from prostitution.

Article7, Paragraph 3. Competent authority for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the following authorities are responsible for implementing the provisions giving effect to the Convention: the Ministry of Labour, the Ministry of Interior, the Ministry of Justice, the Ministry of Education, the Ministry of Social Development and Human Security, the Royal Thai Police, the Bangkok Metropolitan Administration, the Office of the Attorney-General, the Office of the Narcotics Control Board, and the Anti-Money Laundering Office.

The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/11/Add.13, 30 September 1996, paragraph 467), that the police are responsible for taking legal proceedings against owners of brothels and pimps who force children into prostitution. They are entitled to enter, at any time of the day or night, entertainment establishments and question the prostitutes to find out the identity of the owner of the brothel, pimps and clients (sections 39 and 40 of the Prostitution Act). Sections 1 and 8 of the Anti-Trafficking Act provide that government officials or the police are entitled to inspect airports, seaports, railway stations, bus stations, entertainment establishments, factories and public places to prevent women and children from being trafficked and exploited. They may issue summons and search the body of a child who is believed to have been trafficked (section 9 of the Anti-Trafficking Act). The Committee, in its previous comments under Convention No. 29, expressed its concern over the small numbers of prosecutions with regard to the violation of the legal provisions prohibiting the worst forms of child labour, especially the trafficking, the forced labour and the use, procuring or offering of children for prostitution. The Committee accordingly asks the Government to provide information on the concrete measures taken to train the police and relevant government officials on the worst forms of child labour and the results achieved.

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee notes that the ILO/IPEC project to combat trafficking in children and women in the Mekong subregion (TICW project) covers Thailand, Lao People’s Democratic Republic, Vietnam, Cambodia and Yunnan (province of China). The Committee observes that, according to the ILO report on the TICW project (December 2004), child trafficking in Thailand is a trade worth 7.37 billion pounds, and that over 80,000 women and children, mainly from Myanmar, Yunnan and Laos were trafficked into Thailand for commercial sexual exploitation between 1990 and 1998. Cambodian and Bangladeshi children, mostly boys, are also trafficked into Thailand mainly for begging and prostitution; whereas trafficking from Yunnan Province in China primarily involves girls and women for sexual exploitation. The Committee observes that, within the framework of the second phase of the TICW project, the National Committee on Combating Trafficking in Children and Women launched, in 2003, its first National Policy and Plan of Action on Preventing, Suppressing and Combating Domestic Transnational Trafficking of Children and Women. This Plan focuses on prevention, with short-term and long-term interventions, as well as on research, monitoring and evaluation systems. The Committee asks the Government to provide information on the concrete measures taken under the second phase of the TICW project, as well as their impact on the elimination of the cross-border trafficking of children for labour and sexual exploitation.

2. Bilateral agreements. The Committee notes that, according to the information provided by the Ministry of Labour in the National Plan of Action for the Elimination of the Worst Forms of Child Labour (2004-09) (page 7), Thailand and Cambodia signed, on 31 May 2003, a Memorandum of Understanding on bilateral cooperation for eliminating trafficking in children and women and assisting victims of trafficking. The Committee observes that, according to the agreement supplied by the Government, child and women victims of trafficking will benefit from protection (i.e. including the right not to be prosecuted for illegal entry into the country and the right not to be detained in an immigration centre while awaiting the official repatriation process) and shelters. Section 10 of the agreement provides that the law enforcement agencies in both countries, especially at the border, must work in close cooperation to discover domestic and cross-border trafficking of children and women. The police and other relevant authorities shall also work in close cooperation with regard to exchanging information on trafficking cases (i.e. trafficking routes, places of trafficking, identification of traffickers, methods used and data on trafficked persons). The Committee asks the Government to provide information on the concrete measures adopted under the MOUs and the results achieved with regard to eliminating the trafficking of children between Cambodia and Thailand. It also asks the Government to provide information on any other bilateral agreement adopted or envisaged with other countries, such as Lao People’s Democratic Republic, Myanmar, Yunnan (province of China) and Viet Nam.

3. Poverty alleviation. The Committee notes that the Government adopted the 9th National Economic and Social Development Plan (2002-04) which, according to the Government’s view, could serve as an instrument to adjust the social structure to eliminate the gap between the poorest and the wealthiest. The Committee notes the Government’s indication that strategies have been initiated under the 9th National Economic and Social Development Plan (2002-06) for future social changes that may affect children. One of the Plan’s targets is to alleviate poverty by reducing absolute poverty to less than 12 per cent of the total population by 2006, and strengthen the overall national economy to achieve sustainable quality growth. The Committee requests the Government to provide information on any notable impact of the National Economic and Social Development Plan on eliminating the worst forms of child labour.

The Committee is also addressing a direct request to the Government concerning other detailed points.