Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Prevention and protection measures, law enforcement. The Committee notes with interest the adoption of the new Anti-Trafficking in Persons Act B.E. 2551 (2008), which repeals the Measures in Prevention and Suppression of Trafficking in Women and Children Act B.E. 2540 (1997) and provides for a broad definition of “exploitation” to cover sexual exploitation, production and distribution of pornography, other forms of sexual exploitation, slavery, forced begging, forced labour, or other similar forms of exploitation. The Committee notes, in particular, the information on the mechanisms and special procedures developed by the Government, under the new Act, to ensure the effective prevention of human trafficking as well as protection of victims noting, in particular, the establishment of the Operational Guidelines on the Prevention and Suppression of Trafficking for Labour Purposes, and Assistance and Protection for Trafficked Persons. The Committee further notes that under the new Act, victims may claim compensation from the offenders for the damages caused by human trafficking.

The Committee also noted the statistics provided by the Government on the number of cases related to human trafficking during the period of June 2009 and June 2010, as well as the information on the activities of the Anti-Human Trafficking Division (AHTD), which has been established within the Royal Thai police and is, since 2009, the main body responsible for the prevention and investigation of human trafficking crimes. Finally, the Committee notes the information on the activities of the Centre against International Trafficking under the Office of the Attorney-General. The Committee considered that the detailed information provided by the Government in 2011 demonstrated the significant efforts it has made in the fight against trafficking.

The Committee once again asks the Government to continue to provide information, in particular on the application in practice of the Anti-Trafficking in Persons Act B.E. 2551 (2008), providing copies of further court decisions concerning trafficking and forced labour cases, as well as information on any difficulties encountered by the competent authorities in identifying victims and in initiating legal proceedings.

Trafficking in persons for the purpose of exploitation. Migrant workers. In its earlier comments, the Committee noted the observations on the application of the Convention by Thailand, made by the International Confederation of Free Trade Unions (ICFTU) – now the International Trade Union Confederation (ITUC). In its communication dated 31 August 2006, the ICFTU expressed its concern about the persistence of trafficking in persons from and into Thailand and referred to a report published by the UN Office on Drugs and Crime (April 2006), in which Thailand had been listed in the group of countries which had a very high level of trafficking, as a country of destination, origin and transit. According to the report, Cambodian and Lao women and girls were trafficked into Thailand for factory and domestic work and the sex trade; Burmese, Cambodian and Lao men were trafficked into Thailand for forced labour in such sectors as construction, agriculture and in particular the fishing industry.

In its reply to the observations submitted by the ICFTU, the Government indicated that the new Anti-Trafficking in Persons Act B.E. 2551 (2008) addresses both female, child and male victims equally, providing for heavier penalties on offenders involved in human trafficking, as well as victim protection and a fund to be established to support the prevention and suppression of human trafficking. As regards bonded and forced labour in particular, the Government indicated that, together with the new Act, provisions of the Labour Protection Act (B.E. 2541) concerning overtime work and minimum wages (such as sections 70, 90, 24, 25 and 144) can also serve as tools to prevent bonded and forced labour.

The Government further indicated that, as regards trafficking and forced labour, its practices on labour inspection and labour protection include coordination with relevant government agencies, NGOs, international organizations and Thai embassies overseas to ensure victims’ protection, recovery and reintegration to prevent them from being retrafficked. Finally, it informed that repatriation programmes have been arranged with Cambodia, the Lao People’s Democratic Republic, Myanmar and the Yunnan Province of China in order to develop effective and safe repatriation procedures.

As regards statistics and documentation on the problems of trafficking and exploitation for forced labour of workers from Myanmar on board Thai vessels and in Thai ports, the Government informed that during the fiscal year 2005–6, 15 complaints concerning workers on board Thai fishing vessels were submitted to the Department of Labour Protection and Welfare (DLPW), two of which were categorized as forced labour cases.

The Committee noted the addendum to the report of the United Nations Special Rapporteur on the human rights of migrants, presented at the 17th Session of the UN Human Rights Council on 17 May 2011 (A/HRC/17/33/Add.1), which contains communications to and from governments. In the communications addressed to the Government of Thailand, the Special Rapporteur expressed its concern regarding violations of the human rights of migrants in the country, in particular as regards the negative impact of the National Verification (NV) registration process for migrant workers. The Committee noted that, according to the report, approximately 300,000 migrant workers who failed to enter the NV process by the extended deadline of 31 March 2010 and an estimated 1 million unregistered migrant workers who were ineligible for the NV process are deemed as migrants with irregular status and particularly vulnerable to arbitrary arrest, violence and exploitation. According to the report, unregistered migrant workers may be asked to pay bribes ranging from 200 to 8,000 baht (THB) or more to the police in exchange for their freedom, either when stopped by the police or when in police custody.

The Committee further noted the information in the report concerning the Prime Minister’s order of 2 June 2010, issued to set up a Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground (No. 125/1223), according to which the Centre is mandated to suppress, arrest and prosecute alien workers who illegally enter the country. The Special Rapporteur expressed particular concern about the pattern of arbitrary arrest, violence and exploitation of migrants, which was exacerbated by the mentioned order and notes that an increasing number of cases of systematic abuse of official powers have been reported, “including the ‘sale’ of irregular migrants to various brokers who then transfer the migrants back to their worksites for fees or who ‘resell’ or traffic the individuals to various employers in the fishing and domestic industries”. Finally, the Special Rapporteur expressed concern about information received suggesting that arrested migrant workers from Myanmar were deported to their country of origin by boat through informal checkpoints controlled by the Democratic Karen Buddhist Army (DKBA) and that the DKBA demanded fees from the deportees in exchange for their freedom. According to the report, migrants who cannot afford the fees imposed are subject to beating and forced labour.

Corroborating the communications of the UN Special Rapporteur, the Committee noted the report of the International Organization for Migration (IOM) on Trafficking of Fishermen in Thailand (14 January 2011), which refers to violations on the human rights of migrant workers in Thailand, in particular in the fishing sector. In its report the IOM expressed concern about the conditions under which migrant workers are hired to work in the Thai fishing industry, with labour recruitment processes that remain largely informal, mostly on the basis of verbal agreements, often leading to abuse and fostering human trafficking. In addition, the IOM drew attention to the fact that many fishermen are “sold” to fishing boat owners by brokers, having to work for long periods without receiving any wages in order to repay their debts. The IOM further noted that, despite the degrading working conditions, fishermen often have no alternative but being subject to them, since fishing boats tend to be offshore for long periods of time, preventing workers to leave or escape. According to the report, migrant fishermen, who are usually undocumented and unregistered, are often held on boats indefinitely, working and being forcibly transferred between fishing boats in case one boat needs to return to shore, under threats of being reported to immigration authorities.

While noting this information, and considering the seriousness of the facts abovementioned, the Committee recalled that, despite the Government’s efforts in preventing, combating and suppressing trafficking in persons, the uncertainty surrounding the legal status of migrant workers, in particular those employed in the fishing sector, put them in an extremely vulnerable situation. Such vulnerability could lead to abuse and practices likely to undermine the protection provided by the Convention. Moreover, the itinerant nature of this type of work and the long periods of time spent away from shore hampers the identification of migrant fishermen victims of trafficking and working under forced labour conditions.

The Committee therefore once again requests the Government to take effective measures to protect migrant workers, particularly those in the fishing industry, with a view to the complete elimination of the exaction of forced labour from this category of workers. It also once again requests the Government to take the necessary measures to further strengthen its law enforcement mechanisms, including measures to enforce anti-trafficking laws against those who target migrant fishermen and that such measures address the problems identified in the abovementioned reports. The Committee hopes that the Government will provide, in its next report, detailed information about the progress of such measures, including not only numbers of prosecutions and convictions, but the specific criminal penalties which have actually been imposed on employers of migrant fishermen convicted under the new Anti-Trafficking Act. The Committee once again requests the Government to provide information on the application in practice of the above Prime Minister’s order of 2 June 2010, issued to set up a Special Centre to Suppress, Arrest and Prosecute Alien Workers Who Are Working Underground (No. 125/1223). In this connection and bearing in mind the seriousness of the situation, the Committee once again requests the Government to provide information on the measures taken to prevent the exploitation of migrant workers and to ensure protection of their rights, regardless of their legal status.