Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Thailand

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

The Committee welcomes the detailed information contained in the Government’s first report under the Protocol of 2014 to the Forced Labour Convention, 1930.

Article 1(1) and 2(1) of the Convention and Article 1(1) and (2) of the Protocol. National policy and systematic action. The Committee notes the adoption of the Action Plan for the Prevention and Solution of Trafficking in Persons for the period 2023–2027, which focuses on the prevention of trafficking in persons (including regarding the recruitment of Thai workers for overseas employment), protection and assistance of victims, and adaptation of existing policies and strategies in light of the changing nature of trafficking in persons. The National Strategy and the National Security Policy and Plan No. 7 (2023–2027) also contemplate actions to increase the competencies of law enforcement bodies to prevent situations of trafficking in persons and expedite case management through collaboration with relevant agencies. In addition, specific action plans to prevent trafficking in persons in the fisheries sector have been adopted by the Royal Thai Police and the Ministry of Agriculture and Cooperatives. In 2021, the Government established an Anti-Human Trafficking Working Group within the Ministry of Labour to ensure effective implementation of the national policy. Furthermore, according to section 15 of the Anti-Trafficking in Persons Act, the Anti-Trafficking in Persons Committee can make recommendations to the Cabinet on the national policy on trafficking in persons and coordinate the development of an integrated data base system on trafficking.

The Committee takes due note of the adoption of legislative measures that reinforce protection against forced labour, which include the Emergency Decree Amending the Anti-Human Trafficking Act, B.E. 2551 (2008), B.E. 2562 (2019), the Ministerial Regulation on Business Authorization to Bring Foreigners to Work with Domestic Employers B.E. 2564 (2021), and the Ministerial Regulation on the Protection of Labour in Sea Fisheries B.E. 2565 (2022), which complements the Labour Protection Fishing Work Act B.E. 2562 (2019).

The Committee welcomes the annual reports on anti-trafficking efforts prepared by the Government, which illustrate the achievements of the Government in prevention, enforcement and protection of victims.

The Committee welcomes the measures taken by the Government to establish a robust institutional and legal framework to prevent and combat forced labour and requests it to provide information on: (i) the results of the implementation of the Action Plan for the Prevention and Solution of Trafficking in Persons for the period 2023–2027; (ii) any evaluation or recommendation made in this respect by the Anti-Trafficking in Persons Committee and the measures taken as a result; and (iii) any study undertaken on the current trends of forced labour in the country (sectors concerned, type of victims, root causes, and so forth).

Article 25 of the Convention and Article 1(3) of the Protocol. Definition and prosecution of forced labour. The Committee notes with interest the adoption of the Emergency Decree amending the Anti-Trafficking in Persons Act B.E. 2562 (2019), which incorporates the offence of forced labour, in addition to the offence of trafficking in persons (section 6) in the Anti-trafficking in Persons Act. According to section 6/1 of the amended Act, any person who compels another person to work or to provide service by means including threatening to cause injury to life or reputation, intimidation, use of force, confiscation of identification documents or debt burden incurred as a consequence of an unlawful obligation, commits the offence of forced labour.

The Government indicates that from 2019 to 2023 there have been 297 cases related to forced labour that have been investigated under section 6/1 of the Anti-Trafficking in Persons Act. It also indicates that it has continued to provide training to police officers and prosecutors on forced labour in collaboration with the ASEAN-Australia Program to combat trafficking. The Committee notes from the Thai Government’s Country Report on Anti-Human Trafficking Efforts (2023) that trafficking in persons in the form of sexual exploitation continues to be a pressing issue in Thailand. A total of 45 prosecutions of cases of trafficking in persons for the purposes of sexual exploitation were initiated between 2019 and 2023.

In relation to the Committee’s request for information on measures taken to ensure that cases involving the complicity of Government officials with human traffickers are investigated, the Government indicates that it established a subcommittee within the Ministry of Justice for monitoring disciplinary actions and prosecution against Government officials to avert involvement in trafficking in persons. The Committee further notes from the Thai Government’s Country Report on Anti-Human Trafficking Efforts (2021) that the Complicit Officials in Human Trafficking Monitoring and Investigation Centre was established.

The Committee notes the measures taken to ensure better implementation of the anti-trafficking legislation and encourages the Government to continue providing information on the application of sections 6 and 6/1 of the Anti-Trafficking in Persons Act (investigations, prosecutions, convictions and penalties), including information on the challenges faced by law enforcement bodies in enforcing this new provision, criminalizing forced labour. The Committee also requests the Government to provide more specific information on the activities undertaken by the Complicit Officials in Human Trafficking Monitoring and Investigation Centre, as well as on the number of investigations opened concerning officials complicit in cases of trafficking in persons and on the outcome of the investigations.

Article 2 of the Protocol. Preventive measures. Clauses (c) and (d). Protecting migrant workers from abusive and fraudulent practices and strengthening labour inspection. The Committee recalls that the Foreigners’ Working Management Emergency Decree B.E. 2560 (2017) provides for responsibilities of employers and licensed recruitment agencies that bring foreigners to work in Thailand. The Committee notes the Government’s indication that, in 2021, the Department of Employment inspected 227 companies employing migrant workers but found no cases of misconduct. Under the Labour Trafficking Prevention Action Centre Project, a total of 56,185 establishments have been inspected, in which 1,669 migrant workers were found to be victims of misconduct.

In relation to the recruitment process and labour inspection in the fishing sector, the Government indicates that the Ministerial Regulation on the Protection of Labour in Sea Fisheries B.E. 2565 (2022) requires employers to prepare key employment documents for migrant workers in both Thai and a language that the migrant workers can understand. A process of identification of migrant workers in the fisheries sector consisting in the granting of a “seabook” has also been introduced. As of July 2023, the number of migrant workers with active seabooks was 39,139, who came mostly from Myanmar, Cambodia and Laos. Between 2019 and 2023 there were 40 legal proceedings against employers who hired workers without seabooks or expired seabooks. The Government also indicates that it has implemented Port-in-Port-out (PIPO) Control Centres to conduct labour inspection in vessels. In 2023, a PIPO Control Centre manual was issued that contains a checklist for inspection and outlines a procedure for lodging complaints and taking criminal and administrative legal action. Between 2018 and 2023, the Department of Fisheries detected 1,824 cases of violations, 330 of which were detected by PIPO Control Centres and 1,494 were detected in offshore vessel inspections. In connection with this, 1,597 compliance orders were issued, and 1,824 criminal actions were taken. The Marine Fisheries Prevention and Suppression Centre of the Department of Fisheries has established provincial working groups to coordinate inspections of vessels and workers in fisheries. As a result, the working groups coordinated 135 inspections in 22 coastal provinces that comprised 706 vessels and 8,288 workers. The Government indicates that these inspections did not give rise to reports of forced labour.

The Committee takes due note of the efforts made by the Government to strengthen labour inspections in fishing vessels and encourages it to continue taking measures to protect migrant workers in fisheries from abusive labour practices that could lead to situations of forced labour. The Committee requests the Government to continue to provide statistical data on the inspections carried out in vessels, including on the numbers of infringements detected. The Committee also requests the Government to provide information on the measures taken to protect migrant workers occupied in other economic sectors from forced labour, including the agricultural sector.

Clause (e). Supporting due diligence by both the public and private sectors. The Committee notes the adoption of the Second National Action Plan on Business and Human Rights B.E 2566-2570 (2023–2027), which aims to promote responsible business practices and respect for human rights throughout supply chains. The Action Plan consists of four key issues, including labour. The Committee duly notes the Government’s indication that some of the activities envisaged by the Action Plan include revising, updating and developing laws in line with the Protocol.

The Committee also notes that, in 2020, the Ministry of Labour issued, the Thai Labour Standard: Labour Corporate Responsibility – Requirements, which is a document that enumerates voluntary standards for private companies, including a prohibition of forced labour, and contemplates actions for preventing violence in the workplace, respecting payment of wages, as well as working hours and rest periods. Pursuant to the Thai Labour Standard, companies shall prepare an action plan and allocate necessary resources to ensure that the standards are understood and implemented at all levels of the organization.

Furthermore, a Thai Sustainable Fisheries Roundtable (TSFR) operates as a joint committee between the public and private sectors. The purpose of the TSFR is to develop fishing standards following the Code of Conduct for Responsible Fisheries of the Food and Agriculture Organization of the United Nations (FAO).

The Committee requests the Government to provide information on the measures taken under the Second National Action Plan on Business and Human Rights B.E 2566-2570 (2023–2027) to support companies to prevent forced labour in their operations (for example, information campaigns, trainings or any technical support). It also requests the Government to report on measures taken to disseminate and promote the requirements contained in the Thai Labour Standard among private companies, as well as on any other measure taken to support public and private sector initiatives to tackle the risk of forced labour in their operations.

Article 3 of the Protocol. Identification and protection of victims of forced labour. The Committee notes that the Government established a national referral mechanism (NRM), to identify and protect victims of trafficking in persons. Under the NRM, victims can be reported through so-called “frontline agencies”, which comprise both public and private organizations. Frontline agencies are responsible for transferring information received about victims of forced labour to the First Responders, who are authorized organizations, for further consideration, screening and assistance. The Government indicates that it has adopted Standard Operating Procedures on Preliminary Screening and a Handbook on the Suppression of Human Trafficking and the Protection of Victims, which together provide guidelines for identifying potential victims of forced labour. Indicators of forced labour include questions related to consent to work, employment conditions and signs of forced labour or services. Additionally, it launched PROTECT-U, a mobile app which provides an opportunity for victims and witnesses to contact authorities and share their GPS locations. Since its inception in 2019, 70 cases of potential human trafficking have been reported through this application. The Government has further adopted measures to increase the capacity of Government officials, including labour inspectors, to identify victims of forced labour. In the fisheries sector, inspections include checking of seafarers’ identity documents and interviews with migrant workers in fishing vessels who are considered to be at risk of forced labour.

The Committee notes from the Thai Government’s Country Report on Anti-Human Trafficking Efforts (2023) that in 2023, there were 530 victims of trafficking, 469 of whom were Thai nationals. Among these, 398 were female and 132 were male. Of the total female victims, most were involved in sexual exploitation, with a total of 219 cases in 2023.

In terms of assistance to victims, the Committee notes that eight Welfare Protection Centres have been established. Within the framework of the NRM, foreign victims must submit their investigation history (case report) to the Division of Anti-Trafficking in Persons which shall be forwarded to the country of origin, in compliance with bilateral cooperation frameworks. If there is no agreement with the country of origin, the Thai Government shall seek coordination with the embassy or consulate to proceed with the repatriation. If the foreign victim of trafficking has been repatriated to his or her country of origin, assessments will be followed up via a case management meeting. In the case of national victims, the follow-up will be under the responsibility of the Welfare Protection Centre. The Government indicates that during the period from 2019 to July 2023, 471 victims returned to Thailand, and 620 were repatriated to their home countries. Between 2021 and 2023, a total of 9,594 victims received employment both in and outside the shelter with financial support from the Anti-Trafficking Fund. TheCommittee requests the Government to continue to take measures to protect and reintegrate victims and to provide information on the number of victims that have benefited from such measures under the National Referral Mechanism. In this regard, it requests the Government to specify the type of assistance given to victims of trafficking for sexual exploitation. Lastly, it requests the Government to provide information on the process of follow-up on the reintegration of victims of trafficking who returned to their country of origin.

Article 4(1) of the Protocol. Access to remedies, such as compensation. The Committee notes that sections 32 and 33 of the Anti-Trafficking in Persons Law provides for measures to ensure reparations for forced labour victims, specifically in regards to their rights to claim for damages, obtain legal aid and be returned home. Section 35 of the Act provides that in cases where the trafficked person’s right to compensation for damages is triggered, and the trafficked person expresses an intention to claim for these damages, a Public Prosecutor shall claim for these damages on their behalf. The Government further states that it has developed criteria for compensation for victims of trafficking in persons under section 35 of the Anti-Trafficking Act. Compensation can be of two types: monetary damages and non-monetary damages (such as damages for violations of human dignity, and damages to physical or mental health). In 2023, a total of 65 victims of trafficking inside shelters and 115 outside shelters issued claims for compensation. The Government further indicates that in addition to the Anti-Human Trafficking Fund, the Rights and Liberties Protection Department provides monetary assistance to victims of trafficking (including forced labour) through the Damages for the Injured persons and Compensation and Expenses for the Accused in Criminal Cases Act, B.E 2544 (2001) and its amendments (No. 2) when the trafficker has been found guilty in a criminal court. From January to July 2023, through the Damages for Injured Persons Act, compensation was granted to 148 victims of trafficking in persons. The Committee requests the Government to continue to ensure that remedies are made available to victims of forced labour, including compensation. It also requests the Government to specify if there is any form of State compensation that is not linked to the victims’ participation in a criminal proceeding