In the 1990's, the most commonly known form of human trafficking in Thailand was domestic trafficking of Thai women and children for commercial sexual exploitation. However, as early as 1990, Thailand exposed its first cross-border trafficking case for sexual purposes, involving 150 girls from Myanmar, who were rescued from brothels in Ranong Province. For internal trafficking, a number of prevention programs, such as education promotion, vocational training, and awareness raising campaigns were established as well as measures to reduce demand for children in the sex trade. These measures have been successful in reducing internal trafficking but, from isolated cases ten years ago, cross-border trafficking appears to have increased substantially, with a wide range of end purposes. In addition to the sex trade, nationals from the poorer countries in the Mekong sub-region have been trafficked to Thailand for other types of work and services, such as domestic work, construction, agricultural and factory work and fisheries. Children, particularly those from Cambodia, are also trafficked to beg in Thailand.
The Royal Thai Government, recognizing that Thailand has become a major receiving, transit and source country for trafficked persons, has been extremely active in developing a comprehensive range of responses to the problem. Thailand's approach is based on close cooperation between all partners: government agencies, non-government organisations, international organisations and increasingly neighbouring countries. This approach, which is outlined in more detail below, is constantly being expanded, reviewed and revised in response to the changing dynamics of the trafficking problem, new understandings of the issue and analysis of successes and lessons learnt from previous anti-trafficking activities.
Policy Framework
National
Thailand has established a strong institutional network to combat human trafficking.
A "National Policy and Plan of Action for the Prevention and Eradication of the Commercial Sexual Exploitation of Children" was developed in 1996 and this has been succeeded by the Six-Year National Plan and Policy on Prevention and Resolution of Domestic and Cross-border Trafficking in Children and Women (2003). This Plan focuses on prevention, suppression, assistance and protection, recovery and reintegration and the establishment of structures for effective policy implementation. It also serves as a guideline for both governmental and non-governmental actors to work together to combat human trafficking. MSDHS has responsibility for overseeing the implementation of this Plan.
In 1998, a National "Sub-Committee on Coordination for Combating Cross-Border Trafficking in Women and Children" was established under the auspices of the National Youth Bureau in the Office of the Prime Minister. In 2003, the Committee was renamed ‘Sub-Committee to Combat Transnational Trafficking in Children and Women" and brought under the rubric of the Ministry of Social Development and Human Security (MSDHS). The Sub-committee consists of representatives from 20 government departments and 10 NGO organisations. It is responsible for the national coordination of action in relation to trafficking and the effective implementation of the National Plan.
To strengthen further this cooperation and ensure all agencies are clear about their respective roles and responsibilities, Thailand has initiated and formalized three separate domestic Memorandums of Understanding (MOUs) relating to trafficking in persons. The MOU is an effective tool to coordinate efforts of various agencies to assist national and cross-border victims of trafficking. The range and diversity of these MOUs demonstrates the importance that Thailand places on finding broad and effective measures to both support the victims of trafficking and target the perpetrators.
The first Memorandum of Understanding on Common Guidelines of Practices for Agencies concerned with Cases when Women and Children are Victims of Human Trafficking was formulated and signed in 1999. This MOU provides the framework for inter-departmental and inter-agency co-operation and information exchange. Signatories are: Royal Thai Police, Ministry of Social Development and Human Security, Ministry of Public Health, Ministry of Foreign Affairs, Ministry of Labour Affairs, and the Attorney-General's Office. The MOU provided guidelines for coordinated action among the main responsible authorities, for the assistance of Thai and foreign victims of human trafficking. It was renewed in 2003, at which time two new MOUs were also signed. The MOU on the Procedural Cooperation between Government and Non-Government Agencies Working with the Cases of Trafficking in Women and Children focuses on cooperation between government agencies and NGOs, while the MOU on the Operational Guidelines of Non-Government Agencies Concerned with Cases of Trafficking in Women and Children addresses cooperation and action within the NGO community.
Finally, in an effort to adapt the national MOUs into a local context, northern provinces have signed an MOU on Common Guidelines of Practices for Agencies Concerned with Cases where Women and children are Victims of Human Trafficking in the Nine (9) Northern Provinces. This MOU provides for operational taskforces on rescues and suppression of trafficking crime, comprising representatives from GO and NGO in a multi-disciplinary team.
To simplify the legal text into more user-friendly information for the practitioners, a handbook of the MOUs has been produced to clarify roles and responsibilities of each partner and a number of explanatory workshops organised.
Other policy documents relevant to trafficking include the National Economic And Social Development Plan and the Royal Thai Police Plan on Protection of Children, Juveniles and Women
International
Thailand took prompt action to ratify the UN Convention on Transnational Organized Crime in 2001 together with the accompanying Protocols: Supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; and Supplementary Protocol to Prevent, Suppress and Punish the Smuggling of Migrants by Land, Sea and Air. Since that time, the Royal Thai Government has taken specific measures to bring the legal framework around human trafficking into line with the Transnational Organised Crime Convention and its Protocols (see below).
Many other conventions have been ratified which have relevance to trafficking. These include: UN Convention on the Rights of the Child (1992), UN Convention on the Elimination of All Forms of Discrimination Against Women (1985), UN Forced Labour Convention (1969) and UN Convention on the Worst Forms of Child Labour (2001). Thailand has also ratified ILO Conventions on race and gender discrimination. It is important to recognise that these issues can impact on society's attitude to human trafficking.
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Prevention and Protection Programmes |
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The MSDHS oversees Thailand's work on prevention and vulnerability reduction. In 2000, the National Secretariat on Trafficking in Women and Children was established under the Department of Public Welfare. With the establishment of the Ministry of Social Development, and the need for greater resources in this area, the Government expanded the Secretariat into the Bureau of Anti-Trafficking in Women and Children (BATWC). The Bureau is responsible for provision of assistance to victims, protection and coordination with anti-trafficking networks.
The Ministry is also responsible for providing welfare, protection and development services to women and children at risk to enable them to reach their full potential. As part of this work, MSDHS undertakes preventive measures to reduce the risk of women and children becoming involved in sexual exploitation. The Ministry assists vulnerable women and children by providing them with alternative livelihoods, skills development and life-skills. Participation from all stakeholders, especially at community level, is an important aspect of this approach, ensuring activities are sustainable and appropriate to the local context.
Under the Project on Welfare and Vocational Training Centres for Women, the Ministry operates seven Welfare and Vocational Training Centres for Women throughout the country. The objective is to offer vocational training to young women who are at risk of being lured into the sex trade. Six-month vocational training courses are provided based on the labour market needs of different regions. After completion of the course, a job placement service is offered so that most of trainees are employed in their hometown or nearby provinces. Trainees receive small interest-free loans up to start up self-employed businesses. Approximately 7,000 people, mainly women and girls, are trained each year.
For children, those who do not want to continue study after finishing basic education are encouraged to take vocational training courses at any institutions run by the Ministry.
In line with the Government's policy of encouraging participation at local levels, MSDHS has worked with UNIAP support to strengthen the capacity of Narisawad Protection and Occupational Development Centre to be a focal point for prevention of women and children trafficking in northeastern part of Thailand. Several pilot projects run by local agencies were supported through this Centre, which reinforced the importance of capacity building at local level.
At macro level, the Ministry has supported policy and legislation changes, concentrating on the demand side of sexual exploitation, as well as organising a campaign to raise awareness of trafficking problems. Information on combating commercial sexual exploitation of children has been disseminated at community, provincial, and national levels. This activity has been implemented with the cooperation from other concerned agencies, such as the Crime Suppression Division of the Royal Thai Police, and the Ministry of Foreign Affairs. BATWC also works to raise awareness through a range of media including TV, radio, newspapers, publications, leaflets, posters and brochure.
As well as implementing its own programmes, the Bureau is responsible for coordination with NGOs. NGOs have been involved at every level of Thailand's trafficking response since the beginning. One well-known NGO is the Development and Education Program for Daughters and Communities Center (DEPDC), based in northern Thailand, which works with young children at risk. The Centre assists children from many different ethnic groups and produces awareness raising materials in many different languages to reach vulnerable communities.
Numerous other NGO's are active and continue to support a range of measures aimed at reducing the trafficking problem. For example, ILO-IPEC has supported NGOs to implement various programmes in four provinces to provide vocational training and opportunities for alternative livelihoods. Another NGO working with ILO-IPEC support is the Mirror Art Group which maintains a database of missing persons, many of whom may have fallen into the hands of traffickers.
It is noted that although prevention activities are clearly vital to prevent the exploitation of vulnerable groups in Thailand, cooperation is required across the region. As small-scale initiatives can mean that traffickers may simply move their operations elsewhere, there may be a need for other prevention activities that identify problems and solutions in a regional manner.
Labour Laws
As people are trafficked to Thailand for forced labour as well as sexual exploitation, the enforcement of labour laws can be an important support for anti-trafficking efforts. In particular, there are strong laws in Thailand to prevent the exploitation of children. The minimum working age is now fifteen, while those between 15 and 18 can only be employed with parental/guardian consent. Children under 18 are expressly forbidden from working in the entertainment sector such as dance venues and massage parlours.
The Labour Protection Act (1998) governs all employment contracts. The Provisions of the Act establish a set of minimum wage, hour and related labour standards for all employees, require adequate leave and prohibit pay abuses. The law contains important provisions mandating equal treatment of the sexes in the work place, establishing the principle of equal pay for equal work and prohibiting sexual harassment by supervisors, inspectors and managers. Excessive and inappropriate deductions from workers' wages are forbidden. Basic labour rights, such as the rights of freedom of association, the right to form trade unions and other collective groups and the right to gender equality, are enshrined in Thailand's Constitution. Domestic work is not currently covered by the labour laws, however.
Enforcement of labour laws has been used to disrupt trafficking activity. Several successful cases have now been taken under these laws with victims receiving compensation.
Of relevance to trafficking out of Thailand are stringent measures to target false employment agencies. It is a criminal offence to deceive a person that a job can be found for them. These measures can also help to crack down on fraudulent job agencies that charge large fees and then leave workers without employment or even act as recruiters for human traffickers.
Criminal Justice Response
Legal Framework
Thailand has a strong legal base for dealing with human trafficking. Thailand's Constitution, finalised in 1997, can be seen as providing an overarching framework as it forbids slavery, and forced labour and also forbids discrimination on the ground of race, religion, gender, age, handicap or disability, religion, education, politics and status.
Also in 1997, Thailand passed the Prevention and Suppression of Trafficking in Women and Children Act. The Act protects boys and girls, and aims to prohibit the selling, buying, luring, sending, receiving, detaining and procuring of women and children to perform sexual acts with or without their consent. The Act includes offenders committing crime both in Thailand and abroad and provides protection for victims from foreign countries, ensuring they are placed in a shelter and provided with basic necessities before they are repatriated to their home countries. As such, this Law represented a large step forward in dealing with trafficking, supporting major advances in the identification and treatment of trafficking victims over the past few years. Several hundred foreign trafficking victims have been identified, provided with support and returned home following family tracing and assessment. To date, however, more limited progress has been made in terms of arrests and prosecutions of traffickers, particularly major players.
Thailand is now working on the update of the Trafficking Act to address existing weaknesses and also to bring Thailand into line with the requirements of the Convention on Trans-national Organised Crime and its Trafficking Protocol. Among the most significant amendments is the inclusion of trafficking of men, and increased emphasis on trafficking for purposes other than sexual exploitation.
In addition to the specific Trafficking Act, Thailand has a number of other important complementary laws. The Criminal Procedure Amendment Act (1999) includes measures to protect the rights of children who are victims, witness, and offenders by creating friendly atmosphere to children. The measures are: using of videotape recording for statements of child victims to prevent repeated victimization; using of video link trials testimony with an assistance of a social worker or a psychologist; and adoption of early depositions from the child victim. This latter measure is used if it would be difficult to bring the victim or witness to testify at a later date. The Child Protection Act (2003) builds on previous laws in the support of child development and provides for multi-disciplinary teams at all levels to ensure greater participation from all actors to provide protection to the child and youth.
The Prevention and Suppression of Prostitution Act 1996, represented another important legal development. A key focus of this Act is to address the demand side for trafficked persons by punishing procurers and customers rather than those involved in the selling of sex. Penalties for persons who engage in the commercial sexual exploitation of any child under 18 were greatly strengthened while the Act also provides for the protection and vocational development for former sex workers.
Under the Penal Code, depriving an individual of liberty is punishable by up to three years imprisonment and a fine. The penalties can be raised to twenty years depending on the level of harm and whether or not a child is the victim, so that the younger the child the greater the punishment imposed.
Other supporting legislation includes: the Act on Prevention and Suppression of Money Laundering (1999), the Child Friendly Procedure Law (1999) and the International Cooperation in Criminal Matters Act (for mutual legal assistance, 1995). MSDHS publishes a handy book providing information and knowledge on trafficking-related laws.
In terms of other end points for trafficking, forced marriage is forbidden, although there are limited penalties. Using a child as a tool for begging or committing any act promoting begging is illegal through punishments are again light. Adoption is controlled by a central agency, the MSDHS to ensure that requirements of the adoption law are complied with. A further measure to prevent false adoptions is that foreign adoptions must be certified by the appropriate Thai embassy or consulate.
Arrests and Prosecutions
The Child and Women Protection Center, under Royal Thai Police, is responsible for law enforcement on human trafficking at both national and provincial level. To date, no specialist law enforcement response exists in Thailand but consideration is currently being given to the establishment of a specialist anti-trafficking unit within RTP. The newly-formed Department of Special Investigations under the Ministry of Justice may include responsibility for investigating serious or cross-border trafficking crimes. NGOs such as Fight Against Child Exploitation (FACE) cooperate closely with law enforcement services. In Northern Thailand, this cooperation is formalized through the multi-disciplinary teams noted above.
A number of international partners cooperate on law enforcement issues. One example is the training carried out by IOM to raise awareness of trafficking issues and appropriate treatment of victims as well as provide information to the officers concerned about laws that could be used effectively against traffickers. The USA, through Asia Foundation and the International Law Enforcement Agency, and Australia, through the Asia Regional Cooperation to Prevent People Trafficking Project, also provide assistance.
Data collection on trafficking prosecutions is limited to date. Part of the reason for this is that the authorities often use other legal provisions to prosecute trafficking cases. In 2002, there were 504 recorded trafficking related arrests, resulting in 42 prosecutions and 21 jail sentences.
Measures are currently underway to strengthen collection of data. For example, MSDHS has developed a detailed dual language case management database for trafficking with provision for inclusion of information on legal action.
Victim Support
Services for Victims
The Prevention and Suppression of Trafficking Act clearly states that all trafficked persons will be treated as victims, not criminals. Whereas foreign victims were previously detained in the Immigration Detention Centre as illegal migrants, the Government has now designated six main protection homes located at various regions in the country. These are:
- Kredtrakan Centre at Nonthaburi Province (Central)
- The Reception Home for boys at Nonthaburi Province (Central)
- Narisawat Centre in Nakhon Ratchasima Province (Northeast)
- Song Kwai Centre in Pitsanulokhe Province (North)
- The Chiang Mai Home for Boys (North)
- Srisurat Centre in Suratthanee Province (South)
While these centres have a particular responsibility for foreign victims, the Government currently operates a total of 99 shelters for abused women and children, and works closely with additional NGO shelters.
Through the shelters, the Bureau of Anti-Trafficking in Women and Children (BATWC) provides support to trafficked victims in several areas that respond to both the physical and particularly emotional needs of victims. Psychologists and social workers arrange many activities, such as casework, group work and counseling and medical services. Later, the victims can choose to attend vocational training courses, such as dress-making, hair-cutting, weaving, making garlands, and foot massage so that they will have basic skills to be further developed as their career in their hometown.
To assist in building capacity for care takers and service providers, MSDHS has worked with NGOs and International Organization in developing a Handbook on Psycho-Social Rehabilitation of Trafficked Victims and a Manual on Training of Trainers in Multi-Disciplinary Processes.
Legal Support
The Government cooperates closely with NGOs with regard to the use of victims as witnesses in trafficking cases. One of the outcomes of this cooperation is legislation to protect witnesses and permit children under the age of eighteen years to give evidence via video linkage to the courts in the presence of qualified people. Temporary resident permits are not available for trafficked victims but victims can be permitted to remain in the country under the provisions of Article 54 of the Immigration Law.
The identity of a victim-witness can be protected and the RTP is able to use false identities for victims. Trafficked persons are entitled to free legal counsel at every stage. Provisions for a witness protection programme are currently being established. Victims have the right to sue for compensation from the traffickers, but only after the trafficker has been convicted in the criminal court. BTAWC and local NGOs provide with legal assistance in the recovery of wages for the trafficked victims and they have been several successfully concluded cases in the last two-three years.
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Return and Reintegration services |
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Thailand has sought to develop effective procedures, both formal and informal, for the safe and effective repatriation of trafficked victims. In recent years, major progress has been made in this regard. Formal repatriation programs are now in place with Cambodia, Lao PDR and Myanmar, while informal processes assist in returning young women to Yunnan Province in China. Thailand links closely with government and non-government agencies from these countries, as well as IOM, to ensure that victims are supported during and after their return.
Before victims are returned home, a detailed family tracing and assessment process is undertaken. This is to ensure that trafficked persons are returned home safely, and to assess whether they are in danger of being re-trafficked. For victims from Myanmar and Laos, family tracing is currently undertaken while they are in the shelters in Thailand, while for Cambodia, children are housed in a shelter in Cambodia while the family assessment takes place.
In terms of the trafficking of Thai people abroad, local NGOs such as the Foundation for Women, as well as seeking to prevent trafficking through pre-departure sessions, counseling and advocacy, provide services to returnees. MSDHS has worked to strengthen coordination with Thai NGO networks in destination countries. NGOs from Germany, France, Switzerland, Netherlands and Denmark have joined a network called "Thai Women Network in Europe" which links closely with BATWC..
Recognising the important role of diplomatic missions in identifying and supporting trafficked persons, two workshops were conducted for officials from Thailand's Ministry of Foreign Affairs, in Bangkok and London. The aim was to increase understanding so that the staff could take appropriate action in the identification and support of Thai victims of trafficking. One of the outcomes was a new form to facilitate information sharing on trafficking cases between MFA, its embassies and consuls, and domestic government and non-government organisations. This has already led to significant improvements in the services that the Embassies are able to provide. Thailand considers that such training would be useful for staff of all sending country Embassies based in countries of destination.
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International Cooperation |
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As a country of destination, transit and origin for trafficking, Thailand has a strong appreciation of the importance of inter-country and regional cooperation and has taken a lead role in many different arenas.
In 2003, Thailand and Cambodia signed an MOU on Bilateral Cooperation for Eliminating Trafficking in Children and Women and Assisting Victims of Trafficking. This is the world's first bilateral agreement on trafficking. Key elements include: cooperation on legislation harmonisation; cooperation on border control, including apprehension of traffickers; procedures for return and reintegration of trafficking victims; and establishment of monitoring mechanisms. Similar agreements are in the process of discussion with Malaysia, Lao PDR and Myanmar.
As noted earlier, trafficking in the GMS occurs against a background of large amounts of cross-border movement and the end outcomes include forced labour as well as sexual exploitation. Thailand therefore considers that realistic and effective migration management is an important component of the anti-trafficking response. To strengthen this area, Thailand has concluded Memorandums of Understanding on Cooperation in the Employment of Workers with Laos PDR, Cambodia and Myanmar. The MOUs will assist to bring many of those illegal migrants who meet a genuine demand for labour into the legal fold so that they could enjoy rights, protection and proper treatment within the provision of laws. As a further measure, the Ministry of Labour is in a process of formulating a special inter-departmental task force to respond to cases involving the abuse of migrant workers.
With regard to cooperation in the legal area, extradition and mutual legal assistance provisions exist in respect of several countries. The assistance provided is wide ranging, from gathering evidence at the enquiry stage to taking witnesses testimony and seizing articles. However, as this process must go through the respective Ministries of Foreign Affairs, it can be quite slow and there is a need to develop additional agreements with neighbouring countries to expedite and expand the range of mutual assistance.
In terms of regional cooperation, Thailand has participated in many initiatives to date. In 1998, the Regional Conference on Trafficking in Women (Bangkok Accord) was held in Bangkok and was attended by 70 participants including representatives from 14 countries in the Asia-Pacific region. the objective was to discuss and analyse critical issues pertaining to trafficking and formulate effective strategies and guidelines for responding to this problem.
In early 1999, Thailand agreed to participate in the UN Inter-Agency Project Against Trafficking in Women and Children in the Mekong Sub-region, involving Thailand, Cambodia, Laos, Myanmar, Vietnam and China. As well, in order to maximized full protection of those trafficked persons and improve greater cooperation in all aspects to combat human trafficking, Thailand has been working closely with IOM, UNICEF, ILO-IPEC and international NGOs such as Asia Foundation, Save the Children (UK) and World Vision.
Thailand has co-hosted two anti-trafficking seminars with ASEM (on Gender and Trafficking, and on Strengthening Social Policies to Assist Trafficked Women and Children) and one with the Office of the High Commissioner for Human Rights. Thailand also hosted the Regional Preparatory meeting to develop the Commitment and Action Plan of the East Asia and Pacific Region against Commercial Sexual Exploitation of Children in 2002. The country is currently chair of the Bali Ministerial Meetings on Trafficking and Migrant Smuggling.
Finally, Thailand currently plays host to the Mekong Regional Law Centre, which has coordinated a number of important regional meetings and workshops on trafficking. These have made a significant contribution towards strengthening inter-country linkages at a working level.
Other processes in which Thailand has been an active participate include: Bangkok Declaration on Irregular Migration; Asia Pacific Consultation; Manila Process; and Asian Regional Initiative Against Trafficking in Women and Children (ARIAT).
As trafficking in people is a major human rights and gender issue facing the international community and each nation, all world community should be aware of the problems and help each other to prevent and protect vulnerable women and children from any forms of exploitation.
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