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Thailand

Thailand Best Practices

Prevention

Domestic

Governmental
Poverty eradication is always high on our national priority and is one of the three pillars of the policy of the Royal Thai Government.¹

Thailand 's focus on the source of demand for trafficked services, such as the clients of underage sex workers, is an effective prevention tool. Through the impetus and lobbying of the National Commission on Women's Affairs (NCWA), Thailand is the first country in the region to pass laws that impose greater penalties on customers than on sellers for involvement in commercial sex with underage partners. Application of the law has been lax so far, but it is a basis for policy and future action. The NCWA also tried to change male sexual norms through a national poster campaign with messages showing a child saying (with hope) "my father does not visit prostitutes."

Nongovernmental
Majestic Group is an informal grouping of like-minded government and NGO representatives in charge of the Revision of Thai law to incorporate the Convention on the Rights of the Child and the CEDAW convention. They have been meeting since the early 1990's to discuss legal regime improvements on child protection (originally) and more recently trafficking. They originally met in the Majestic Hotel (since torn down), but hence the name. Majestic Group is responsible for most initiatives to improve Thailand's laws on trafficking.

The National Committee on Trafficking in Women and Children (NCTWC) supervises the shelters in Thailand. They are concerned primarily with counter trafficking efforts within the country. The NCTWC was set up in 1998 and introduced a Memorandum of Understanding among Concerned Agencies in Case of Women and Children are Victims of Human Trafficking with a view to ensuring coordination, common understanding and standard practices, including in the protection of victims of trafficking. The MoU was signed by concerned organizations, including the Royal Thai Police and NGOs.

In Mae Sai and Chiang Rai, a Thai NGO called Development and Education Program for Daughters & Communities (DEPDC) aims to prevent Thai women and children at risk from being forced into the illegal sex trade or child labor due to outside pressure and a lack of education and employment alternatives. The NGO staff utilizes a mix of strategies including: documentation, information, persuasion and an argument based on the basic rights of children to convince parents about the dangers of the illegal sex trade. Information about HIV and AIDS, brothels conditions, laws penalties and other potentials dangers supports their argument. In many successful cases the decision of the child to continue her/his education overrides the parent's desire for money.²

International

Governmental
The National Project Committee on Trafficking in Women and Children in the Mekong Subregion within the Office for the Protection of Children, the Elderly and the Disadvantaged under the Ministry of Social Development and Human Security is concerned with regional coordination of anti-trafficking activities.³ It was responsible for coordinating the signing of the MOU between Thailand and Cambodia, and Thailand and Australia. This body was formed to coordinate national activities to combat trafficking in women and children.⁴ Dr. Saisuree Chutikul heads this Committee. It is formerly under the National Youth Bureau, Office of the Prime Minister.

In October 2003, the U.S. Department of State approved financial assistance worth over 38 million baht to Thailand to fight human trafficking problem. 13,060,000 baht is going to the Royal Thai government and 24,980,600 baht is going to NGOs. The assistance to the Royal Thai Government is designed to increase the police force's understanding of human trafficking laws and criminal procedures, promote a human rights approach to protect victims, and to support the increase of arrests and prosecutions of traffickers. It is also aimed to help train policemen, prosecutors, NGOs, social workers, and medical professionals to protect victims and fight against human trafficking.⁵

Nongovernmental
The International Law Enforcement Agency ILEA focuses on enhancing the effectiveness of regional cooperation against the principal transnational crime threats in Southeast Asia - illicit drug trafficking, financial crimes, alien smuggling, and trafficking. The ILEA provides a core curriculum of management and technical instruction for supervisory criminal investigators and other criminal justice managers. The principal objectives of the ILEA are the development of effective law enforcement cooperation within ASEAN and the strengthening of each country's criminal justice institution.

Prosecution

Domestic

Governmental
Thailand passed two relevant laws to trafficking earlier than many other countries. They are: The Prostitution Prevention and Suppression Act B.E. 2539 (1996) and The Measures in Prevention and Suppression of Trafficking in Women and Children Act B.E. 2540 (1997). Implementation and enforcement of these laws is still problematic in 2004.

An Anti-Money Laundering law which became effective in 1999 included provisions to enable authorities to confiscate the assets of persons convicted of trafficking or engaging in the business of prostitution.⁶

Protection

Domestic

Governmental
In order to prevent re-victimization of child victims of trafficking, the 1999 law allowed Thailand's courts to videotape children's testimonies. For example, in Chiang Mai, the CPCR maintains a special room at Baan Ping Jai with videotaping technology where doctors, social workers, and lawyers can interview the children all in one place so that the child does not have to be interviewed multiple times in multiple places.

Reintegration

Domestic

Governmental
The Government of Thailand, in collaboration with NGO partners, provides counseling and support services such as shelters, educational and vocational training, job placement, and financial assistance for women and children who have been victims of trafficking, especially those involved in prostitution.

By law, illegal immigrants have no rights to legal counsel or health care if arrested. The amnesty provisions available under the UNHCR auspices do not apply to such women. In May 2003, a series of Memoranda of Understandings MOU between government agencies and between the Government and domestic NGOs provided for some detailed police procedures to assist with the problem of trafficked persons being detained by the authorities. The agreement stated that the training of police officers would include instructions to treat such persons as victims of human trafficking rather than as illegal immigrant workers. Rather than being deported, they become the responsibility of the Department of Social Development and Welfare. However, the implementation of the MOU continued to be erratic during the year, due to insufficient training of law enforcement officials and their unfamiliarity with the law.⁷

Illegal immigrants generally are repatriated as soon as possible; however, in order to implement a new policy of more humane treatment for victims of trafficking, the Department of Social Development and Welfare (formerly the Department of Public Welfare) has asked the local police to hand over any women they find who may be victims of trafficking. Officials tried to refer underage and foreign women arrested for prostitution to one of the government shelter houses. Repatriation was delayed but not canceled. Victims were encouraged to seek legal action against the traffickers, and they were told by DOPW personnel at the shelters that this was an option. Trafficking victims who provided evidence were repatriated to their home countries afterwards. However, in general, trafficking victims were reluctant to assist in prosecution. This was due to mistrust of the authorities and fear of the traffickers, as well as the victims limitations in education and language, and a desire to return home rather than to participate in a lengthy criminal proceedings.⁸

In 2002 NGOs and government agencies provided shelter, rehabilitation, and reintegration programs for children and women involved in the sex industry during the year, such as Baan Kred Trakarn and CPCR in Bangkok, and TRAFCORD and New Life Center in Chiang Mai. However, the Government faced severe budgetary limitations on its ability to fight trafficking and to aid its victims. Two national committees were directed and empowered to combat trafficking, and these committees coordinated and cooperated with NGOs as well. The National Committee on Trafficking in Women and Children (NCTWC) was concerned primarily with counter trafficking efforts within the country, while the National Project Committee on Trafficking in Women and Children in the Mekong Sub-region focused on regional efforts. Local enforcement officers were sometimes ignorant of new laws and regulations designed to protect victims and ignorant of the special requirements of anti-trafficking work. Also, police officers did not view anti-trafficking as a path to advancement because their superiors did not emphasize it. Narcotics and serious crimes were the preferred career concentrations, while the attitude that trafficking also qualified as a serious crime was only slowly developing. Another barrier for stricter enforcement was the court system, which could be cumbersome and time consuming.⁹

International Conventions

In May 2003, Thailand and Cambodia signed an MOU to combat trafficking. It is hoped that Thailand will sign a similar MOU with Laos due to the large number of Lao labourers deceived into working in Thailand. Burma, Vietnam and southern China will also be approached soon to sign MOUs.

International Initiatives

Multi-Organizational
Various UN agencies are working in tandem in Thailand to address multiple aspects of trafficking.
For an Inventory of Selected anti-trafficking projects and initiatives in the UNESCAP region for 2004, see www.unescap.org

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¹ THAILAND STATEMENT AT CSW 47th SESSION, United Nations, New York, 6 March 2003
²Vitit Muntarbhorn. The Nation. Bangkok; Section: Editorial/Opinion Date:1/7/98
³US State Department 2003 Human Rights Report for Thailand
⁴US State Department 2003 Human Rights Report for Thailand
⁵http://usa.or.th/news/press/2003/nrot038.htm; http://www.state.gov/g/tip/rls/rpt/17858.htm#eap
⁶US State Department 2002 Human Rights Report for Thailand
⁷US State Department 2002 Human Rights Report for Thailand
⁸US State Department 2002 Human Rights Report for Thailand
⁹US State Department 2002 Human Rights Report for Thailand

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Related external links [view all]

• UNESCO Trafficking Statistics Projects
• UNICRI "Action Programme against Trafficking in Minors for Sexual Purposes"
• Backtohome.org
• International Labour Organization (ILO): Regional Office for Asia and the Pacific
• ECPAT International (End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes)
• Global Alliance Against Traffic in Women (GAATW)
• Asia ACTs: Southeast Asia Campaign on Anti-Child Trafficking