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

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

Articles 3(a), 5 and 7(1) of the Convention. Worst forms of child labour, monitoring mechanisms and penalties. Trafficking. In reply to its previous comments, the Committee notes the detailed information contained in the Government’s report on the measures taken to prevent and combat trafficking in children. More specifically, the Government indicates that: (1) it adopted and started implementing the Action Plan for Preventing and Addressing Human Trafficking Issues to Support the National Strategy (2018–2037), whose main objective is to enhance the capacities of officials to effectively enforce laws, to be responsive to changes, and effectively manage vulnerable workers to prevent and address human trafficking issues; (2) a specialized task force has been established to provide support for the prosecution of trafficking cases, as requested from regional authorities, with a specific emphasis on labour-related crime investigations; (3) in May 2021, the Office of the Attorney General established a working group to develop a child-friendly justice system among public prosecutors working with child victims of trafficking, with a view to enhancing cooperation from child victims; (4) in 2021, the Anti-Human Trafficking Division published the “Operational Manual for Protecting the Welfare of Victims from Human Trafficking, for Shelter of Victims of Human Trafficking”, establishing standard operating procedures; and (5) in September 2021, the Department of Special Investigation established the Centre for monitoring and inspecting government officials involved in human trafficking, to investigate and address illegal acts related to human trafficking involving government officials.

The Committee further takes note of the extensive training activities undertaken by the Government to enhance the capacities of the labour inspectorate and other enforcement authorities to better identify and combat trafficking in children. Among the training activities, the Committee notes that: (1) in July 2021 and May 2022, the Department of Labour Protection and Welfare (DLPW) conducted trainings aimed to equip labour inspectors with essential knowledge and understanding of the law and law enforcement procedures. The trainings were aimed at enhancing their ability to analyse the nature of crimes related to human trafficking and child labour; (2) in 2021, an online seminar was organized for 260 participants with the aim of enhancing the efficiency of provincial police officers and other provincial authorities in dealing with cases involving victims of human trafficking; and (3) in August 2021, a Human Trafficking Investigation Seminar Project was launched, focusing on the professional development of officials engaged in investigating human trafficking cases, for a total of 200 participants.

The Committee also notes the Government’s indication that, in 2021, measures were taken to address trafficking through arrests and law enforcement, including by undertaking inspections and follow-ups with relevant government officials who were found negligent or neglecting their duties. In total, investigations are in progress for 17 government officials identified in 2021 and 35 government officials identified in 2022. The Committee further takes note of the statistical data provided by the Government on trafficking cases, but it notes that the data is not disaggregated according to the age of the victim: (1) in 2021, 180 cases of trafficking identified, 162 cases prosecuted and 66 convictions; (2) in 2022, 347 cases of trafficking identified, 322 cases prosecuted and 174 convictions; (3) 8 cases were dismissed in 2021 and 21 cases dismissed in 2022; and (4) 75 persons were sentenced to prison terms ranging from a few months to more than ten years for trafficking in 2021 and 182 persons were sentenced to prison terms ranging from one year to more than ten years in 2022.

The Committee welcomes the information provided by the Government; however, it notes, from the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), the concerns about the prevalence of trafficking in persons and related violations, especially about cases that involve child labour, particularly in fishing, agriculture, tourism and domestic work. The CERD also expressed concern about the prevalence of corruption and official complicity in trafficking cases (CERD/C/THA/CO/4-8, 20 February 2022, paragraph 29). While noting the measures taken by the Government, the Committee requests the Government to continue taking the necessary steps to ensure that thorough investigations and prosecutions of perpetrators of the sale and trafficking of children, including government officials suspected of complicity and corruption, are carried out and completed, and to ensure that sufficiently effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on: (i) the activities of the Centre for monitoring and inspecting government officials involved in child trafficking; (ii) the outcomes of the ongoing investigations relating to the government officials who were identified in 2021 and 2022; and (iii) the number of reported violations, investigations, prosecutions, convictions and penal sanctions imposed in cases relating specifically to the trafficking of children.

Children engaged in prostitution. The Committee notes the Government’s indication that it has been implementing, since 2019, the Child Safe Friendly Tourism Project, an initiative aimed at creating a safe tourism environment and developing “Tourism standards” to eliminate the commercial sexual exploitation of children. The Government also refers to the existence of the Children’s Advocacy Centre Thailand (CAC), which is comprised of a total of five centres, primarily focused on assisting children and youths who have become victims of various forms of trafficking and child prostitution. Their efforts are geared towards fostering cooperation among various agencies to effectively address child prostitution issues within the jurisdiction of the Metropolitan Police Headquarters and Provincial Police Regions.

The Committee further notes the Government’s statement that two individuals were arrested for the offenses of human trafficking for the purpose of child prostitution, which led to the protection of five victims. The Committee notes that the number of arrests for child prostitution appears to be low. It therefore urges the Government to step up 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. In this regard, the Committee requests the Government to continue to provide statistical information on the number and nature of violations reported, including on the investigations, prosecutions, convictions and penalties imposed in this respect. It also requests the Government to indicate if the two arrests that were made led to investigations, prosecutions and convictions.

Articles 3(c) and 7(1) and (2). Worst forms of child labour, penalties and effective and time-bound measures. 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. Use, procuring or offering of a child for illicit activities, in particular, for the production and trafficking of drugs. The Committee notes the Government’s indication that, under section 128 of the Narcotics Code (2020), it is an aggravating circumstance to use deceit, threat, force, or any other illegal means to induce another person to commit a drug-related offence (section 128). It also notes, from the Government’s information, that in 2020, 3,070 children were rescued from “producing or trafficking drugs”; in 2021, 3,157 children were withdrawn from this worst form of child labour; and 860 were withdrawn in 2022. The Committee takes due note of this information. However, it notes that the Government does not provide information on: (1) the measures taken to ensure that children under the age of 18 years used for the production and trafficking of drugs are treated as victims rather than offenders; and (2) the actions undertaken against persons who engage children in such activities. The Committee therefore urges the Government to take the necessary measures to ensure that: (i) children who are used, procured or offered for the production and trafficking of drugs are treated as victims rather than offenders; and (ii) persons who engage children under the age of 18 years for the production or distribution of drugs are subjected to thorough investigations and robust prosecutions and that sufficiently effective and dissuasive penalties are imposed on them in practice. It requests the Government to provide information on: (i) all measures taken or envisaged in this regard; (ii) the number of investigations and prosecutions carried out and penalties imposed; and (iii) the types of direct assistance provided to children who have been removed from this worst form of child labour to ensure their rehabilitation and social integration.

Article 7(2)(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. The Committee notes the Government’s information on the adoption, in 2022, of the Action Plan on National Referral Mechanisms, Case Management, and Assistance and Protection of Victims of Human Trafficking and Forced Labour or Service, which contains the following key components: (1) Standards Operating Procedures (SOPs) defining the initial screening process, with a view to identifying potential victims of forced labour or labour trafficking; (2) a National Referral Mechanism which coordinates and refers victims to appropriate support services; and (3) a Reflection Period which provides time for victims to recover and receive necessary assistance. The Government also indicates that it established the National Human Trafficking Victim Identification Centre, which undertakes a screening and sorting process to identify potential victims of human trafficking.

The Committee further notes the Government’s information on the Anti-Human Trafficking Fund. More specifically, it notes that: (1) the Fund is used to provide direct assistance to child victims of trafficking, such as medical care, legal support and accommodation, but also to provide financial compensation; (2) in 2021, 93 child victims received compensation from the Fund and 177 children were rescued, for a total of 2,939,805 Thai baht; and (3) in 2022, 201 child victims received compensation from the Fund and 237 children were rescued, for a total of 2,123,537 baht.

The Committee notes the Government’s indication that 81 child victims of trafficking were identified in 2020, 81 in 2021 and 88 in 2022. The Government further states that the Department of Children and Youth developed a system to coordinate the referrals of child victims of trafficking in 30 development and rehabilitation centres, which resulted in a total of 5,022 children receiving protection and welfare services.

While it takes due note of the measures taken by the Government, the Committee notes that the CERD, in its concluding observations of February 2022, expressed concern about the insufficient identification and referral measures for trafficking victims (CERD/C/THA/CO/4-8, paragraph 29). The Committee requests the Government to pursue its efforts to identify and rescue child victims of trafficking by providing for their rehabilitation and social integration. In this respect, the Committee requests the Government to continue to provide information on: (i) the number of child victims of trafficking under the age of 18 who have been identified and removed from this worst form of child labour; (ii) the number of child victims of trafficking who benefited from rehabilitation and social integration assistance; and (iii) the type of assistance provided to child victims.

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