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News & Updates

Thai Government Reports on Progress to Combat Human Trafficking and Protect Human Rights

Recent Developments Regarding Human Rights, Human Trafficking and Other Social Issues in Thailand.

1.  Protection and Promotion of Rights and Liberty in the Draft Constitution
The Draft Constitution seeks to correct the weaknesses inherent in the 1997 Constitution, which led to monopoly and abuses of State powers, political mismanagement, failure to scrutinize the exercise of State powers and inadequate protection of the rights and freedom of the people.  The present Draft seeks to address those problems on all fronts. One of the focuses is to ensure the protection, promotion, and expansion of the rights and freedoms of the people.   


1.1 The present Draft provides more rights and freedom than the 1997 version.  New features include:

• Recognition of the rights and freedoms of international conventions to which Thailand is party, with the same binding effect as those rights and freedoms provided in the present Draft; 
• Increase of rights in the criminal justice process; 
•  Greater protection of the rights and freedoms of the press than ever before – prohibiting closure of mass media, interference in the presentation of information, and prohibiting ownership or share-holding in mass media by holders of political office to prevent the use of mass media to advance their own personal benefits;
• Legislation for the first time of labor rights to safety and welfare at work and security of employment during and after employment;
• Continuation of the twelve years of free education with special support for the needy, the disabled or handicapped, or those in financial difficulty so that they may receive education on par with others; 
• Persons without a home or adequate income to have the right to receive State aids for the first time;
• Extension of community rights - before undertaking any project or activity which may cause serious environmental damage, the public, particularly those directly affected, will be consulted. The community can sue a government agency, State agency, State enterprise, local government, or other State agency which is a juristic person to ensure compliance with the community rights provisions;
• Rights for the people to monitor and to demand scrutiny of the performance of duties of a holder of political office;
• Public hearings to be required before signing any international agreement which may have an impact on the people. 
• People of 100,000 or more to be able to petition to get the Constitution amended - another first.

1.2 The Draft makes the exercise of rights easier through the following measures:

• Rights and freedoms are arranged and categorized in a clear and readable form;
• Rights and freedoms provided in the Constitution may be invoked even if they have not been enacted; the people may exercise those immediately in courts;
• The number of signatures needed to remove a holder of political office will be reduced from 50,000 to 20,000.

1.3   The Draft makes the exercise of rights and freedoms more efficient with clear safeguards:

• Removing the phrase “as provided by law” from all Sections on rights and freedoms, which means the provisions of the people’s rights and freedoms take immediate effect upon the passage of the Draft Constitution, not pending their enactment;
• Placing a time limit on enactment of organic-law Bills, so as to prevent those in authority from delaying their passage to restrict rights and freedoms; 
• Giving the people the right to bring before the Constitutional Court directly cases involving violation of the rights and freedoms provided in the Constitution;
• Giving a community the right to bring cases involving violation of the rights and freedoms directly before the Constitutional Court; 
• Allowing the National Human Rights Commission to initiate legal action in the Constitutional Court and the Supreme Administrative Court;

1.4   The Draft makes the Directive Principles of the Fundamental State Policies explicit and more binding than before on the government by:

• Clearly differentiating the Chapter on the Directive Principles of the Fundamental State Policies to cover all aspects;
• Increasing the Principles of the Fundamental State Policies in key areas;
• Requiring the in-coming government to declare its policy to the National Assembly ensuring that it is in line with the Directive Principles of the Fundamental Policies and submit an annual report to the National Assembly.

1.5 The Draft allows public participation in the administrative activities of the local government and greater decentralization of powers to local governments so as to make them the bedrock of democracy at the national level:

• Providing complete freedom for the local government to manage its own affairs in all aspects;
• Reforming personnel management of the local government such that the personnel will have the status of civil servants like their counterparts at the national level, with their own committees independent of the central government’s control, powers to transfer personnel across agencies, and their own ethic committee as well;
• Boosting public participation at the local level, allowing local residents to hold referendums on local matters of importance, reducing the number of signatures required to remove a holder of local political office and to legislate local ordinances, making the local government inform the public with respect to budgeting, spending, and performance so that the latter can take part in scrutinizing and monitoring its management;
• Restructuring the supervisory and monitoring system of the local government to improve its efficiency, adopting a common standard so that the administration can operate independently, giving due consideration to the suitability and difference in development levels and management efficiency of the area. The local authority is to be encouraged to determine its own modus operandi according to its needs and to set up their scrutiny mechanism.

2.  Related Laws Enactment
During the current administration, many draft laws related to human rights and social issues are in the pipeline for enactment.  For instance, the Cabinet already approved the Draft Child and Youth Development Act. More recently, on May 8, 2007, the Draft Prevention and Suppression of Human Trafficking Act, and the Draft Domestic Violence Victims Protection Act.   The National Legislative Assembly is now considering the drafts before they can become effective. 

3.  Signing of Relevant International Conventions

• Thailand signed the Convention on the Rights of Persons with Disabilities on March 30, 2007. The Ministry of Social Development and Human Security will call for a meeting of relevant agencies to consider any necessary changes to bring domestic legislations in line with the provision of the Convention before the ratification later on;
• Thailand is also in the process of considering acceding to the UN Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.  The Ministry of Justice has been tasked to be a focal point on this matter. 

4.  Human Trafficking MOU
Last week 17 northern provinces signed a new MOU on Common Guidelines for Concerned Agencies Engaged in Human Trafficking.  It provides framework of coordination for relevant agencies in order to more effectively combat human trafficking.  It broadens the scope of the previous MOU signed in 2003, which focused on children and women. The new MOU now also covers male victims.  The 17 provinces are Chiang Mai, Chiang Rai, Kamphaeng Phet, Lampang, Mae Hong Sorn, Nakhon Sawan, Nan, Phayao, Phetchabun, Phichit, Phitsanulok, Phrae, Lanpang, Lamphun, Sukhothai, Uttaradit and Uthai Thani. 

 
5. Registration of Illegal Foreign Workers
To solve the problem of illegal foreign workers and trafficking problems, the Government has allowed illegal foreign worker to register and extend their work permit. According to this month’s statistics, the Government has extended work permits for 198,404 illegal foreign workers – 174,900  Myanmar, 11,714  Laotians, and 11,790 Cambodians. The deadline for them to submit their request to the Ministry of Labor is June 30, 2007. The Government has also launched a registration for more foreign workers to support the Special Economic Development Zone in southern Thailand.  7,847 foreign workers already registered under this program.

6. Issuance of Identity Care for Displaced Persons
The Government has initiated an ambitious program to issue an identity card for Myanmar displaced persons to properly identify them and allow access to basic medical services in the country.  At present, 80,000 Myanmar camp inhabitants have been formally registered and issued the identity card.   The long – term goal is to register and issue ID cards to all displaced persons. The program has received the full support of all Thai agencies involved. 

7. Citizenship for Hill Tribal and Minority People
The Government has continued its efforts in resolving the issue of status and rights of the hill tribal and minority people who reside in Thailand but do not have Thai citizenship.   As a result of the Strategy to Resolve Issues of Status and Rights of the People, the Ministry of Interior is now in the process of granting citizenship to hill tribal and minority people. More than 100,000 people will be granted citizenship, making them eligible for rights and benefits entailed. 

Compiled by North America Division
Department of American and South Pacific Affairs
Ministry of Foreign Affairs
Royal Thai Government
May 18, 2007