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2 Corrupt Officials
The above interviewee claims that a Thai Army solder was bringing from or sending to, a
child for the purpose of exploitation. Exploitation under Thai law would include inter alia
forced labour or service479 (as children would be subject to if sold to fisherman)480 and forced
extortion,481 arguably such as the individual needing to provide a further RM1,000 should they reach Kuala Lumpur. Thus the Thai soldier would be guilty under Thai law of
trafficking in persons.482 The 2014 Trafficking in Persons Report (TIP Report) also asserted
that corrupt officials were profiting from the smuggling of Rohingya asylum seekers from
Burma and Bangladesh and were complicit in their sale into forced labour.483
Similarly Mr. McArthur explained that people from Burma may come voluntarily, contacting
people smugglers for transport to get across the national border and gain employment.
Arriving in Thailand they are tricked or lied to and the work they thought they were going to
do is not what they end up doing.484 This constitutes trafficking in persons under Thai law if
the work should involve any form of exploitation.485 He further explained there are many
allegations about the role of State authorities in these kinds of arrangements.486 This
statement is supported by the 2014 Trafficking in Persons Report (TIP Report): "There are
reports of corrupt officials on both sides of the border who facilitate the smuggling of
undocumented migrants between Thailand and neighbouring countries". 487 Furthermore
ECPAT have documented police officers in Thailand involved in the child sex trade.488 The
2014 TIP report placed Thailand on TIER 3.489
3 Missing Children
According to Mr. Ehkusoe the camp was not secure for children. He recalled one case of a
child who went missing in the camp and claimed that the Thai guards did not look for the
child and did not take the matter seriously.490 Mr. Thepsena also expressed that a missing
child from the target populations would not be treated the same as a case of a missing Thai
child.491 Mr. McArthur stated that there is not much protection for Thai children and that it is "probably even worse" for the target populations.492
4 Judicial Proceedings
No interviewees offered insight into judicial proceedings for trafficked children. According
to the 2014 TIP report the Thai government did not offer specialized services for child sex
trafficking victims.493 Children were at times forced to testify in front of alleged
perpetrators494 and some were forced to publicly disclose personal information, such as their
address, which put them at serious risk of retaliation.495 Furthermore ECPAT assert that police may use the questionable immigration status of certain victims of trafficking as
leverage to ensure a quick resolution to their case.496
The above means that Thailand is acting contrary to: Adapting procedures recognising
children's special needs as a witness,497 protecting the privacy of child victims,498 providing
for the safety of and ensuring security of victims,499 adopting child sensitive procedures and
promoting child sensitivity.500
5) CONCLUSION
A SUMMERY
1 Rights
Thailand has acceded to the ICCPR,501 ICESCR,502 CRC,503 First Optional Protocol to the
CRC504 and the Child Labour Convention505 as well as signing up to the soft law of the
AHRD.506 Monitoring bodies monitor implementation of the various treaties provisions via
periodic State reports.507 Thailand's reports have been consistently late or lacking.508
Rights, covered in this study, not guaranteed or only guaranteed in part to the target
populations, in legislation or implementation, as found in the documentary analysis in
chapters 2 and 3 include:
Absolute rights: Recognition as a person before the law,509 right to social security,510
right to privacy,511 right to health care,512 freedom from arbitrary arrest,513 judicial
rights514 and rights in armed conflict.515
Qualified rights: Adequate standard of living,516 right to education,517 right to acquire a
nationality518 and freedom of expression.519
Derogable rights: separation of juvenile accused from adults.520
Rights not guaranteed or only guaranteed in part to the target populations, as found through
empirical research in chapter 4, and not already mentioned above, include:
Absolute rights: Right to life521 and freedom from exploitation.522
Derogable rights: Equal protection of the law.523
Rights of the target populations which this study found no violation of, or lack of
implementation of include:
Absolute rights: freedom of thought, conscience and religion,524 freedom from
slavery.525
Qualified rights: Freedom to manifest one's religious beliefs,526 right to be registered
after birth.527
Rights not guaranteed or only guaranteed in part to asylum seekers, refugees and stateless
people but without specific information concerning children, as found in this study, and thus
deemed inconclusive include, freedom from torture528 and freedom from forced labour.529
2 Trafficking
Thailand has acceded to the Trafficking Protocol530 and the Second Optional Protocol to the
CRC531 as well as signing the COMMIT MOU,532 MOU's with Burma,533 Cambodia534 and
Lao PDR535 and an Agreement with Vietnam536 to combat trafficking.
(a) Preventative measures
The Thai Government's labour laws do apply to the target populations,537 despite it being
illegal for them to work.538 Furthermore meeting the provisions of the COMMIT MOU, and as previously stated, the Thai Government does provide birth registration for the target
populations.539
However access to educational and vocational training has not been provided to the target
populations. Poverty reduction programmes and provisions concerning increasing economic
opportunities and increase in medical care have also been denied to the target populations.540
(b) Protection of trafficked children
Thai law protects victims from being prosecuted for illegal entry and also from offences that
may occur as a direct consequence of having been trafficked.541 Shelter and protection
afforded to victims is in keeping with Thailand's obligations. Thailand's obligations
regarding humane treatment and assistance are largely met under Thai law, the one exception
concerning privacy of victims.542 Implementation however has been poor and drawn
criticism from ECPAT and the 2014 TIP report.543 Thailand allows for victims to remain in
the country temporarily but does not allow them to do so permanently.544 |
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479 Anti-Trafficking Act (n52)
480 Evident in: UN Doc THA011 (n424)
481 Anti-Trafficking Act (n52)
482 Ibid Section 6
483 U.S. State Department, Trafficking in Persons Report 2014 (June 2014) Accessible at:
<http://www.state.gov/documents/organization/226849.pdf> accessed 11 August 2014 373
484 Interview #7 (n435), supported by: Trafficking in Persons Report 2014 (n483) 372
485 Anti-Trafficking Act (n52) Section 6
486 Interview #7 (n435)
487 Trafficking in Persons Report 2014 (n483) 372
488 Alternative Report following the initial report from Thailand on the implementation of the optional protocol
to the convention on the rights of the child on the sale of children, child prostitution and child pornography
(n108) 7
489 Trafficking in Persons Report 2014 (n483) 372 Tier 3 means: "Countries whose governments do not fully
comply with the minimum standards and are not making significant efforts to do so." U.S. Department of
State, 'Tier Placements' <http://www.state.gov/j/tip/rls/tiprpt/2013/210548.htm> accessed 11 August 2014
490 Interview #5 (n433)
491 Interview #6 (n434)
492 Interview #7 (n435)
493 Trafficking in Persons Report 2014 (n483) 376
494 Also stated in: Alternative Report following the initial report from Thailand on the implementation of the
optional protocol to the convention on the rights of the child on the sale of children, child prostitution and
child pornography (n108) 23
495 Trafficking in Persons Report 2014 (n483) 376
496 Alternative Report following the initial report from Thailand on the implementation of the optional protocol
to the convention on the rights of the child on the sale of children, child prostitution and child pornography
(n108) 23
497 Second Optional Protocol to the CRC (n169) art 8(1)(a)
498 Second Optional Protocol to the CRC (n169) art 8(1)(e), Trafficking Protocol (n2) art 6(1)
499 Second Optional Protocol to the CRC (n169) art 8(1)(f), Memorandum of Understanding Between the
Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on Bilateral
Cooperation for Eliminating Trafficking in Children and Women and Assisting Victims of Trafficking (n94)
art 7(c),(d), Agreement Between the Government of the Kingdom of Thailand and the Government of the
Socialist Republic of Vietnam on Bilateral Cooperation for Eliminating Trafficking in Persons, Especially
Women and Children and Assisting Victims of Trafficking (n94) art 6(3),(4), Memorandum of Understanding
Between the Government of the Kingdom of Thailand and the Government of the Union of Myanmar on
Cooperation To Combat Trafficking in Persons, Especially Women and Children (n94) art 8(c),(d) COMMIT
MOU (n93) art 18
500 COMMIT MOU (n93) art 15, Memorandum of Understanding Between the Government of the Kingdom of
Thailand and the Government of the Union of Myanmar on Cooperation To Combat Trafficking in Persons,
Especially Women and Children (n94) art 8(e)
501 United Nations Treaty Collection, 'International Covenant on Civil and Political Rights' (n65)
502 United Nations Treaty Collection, 'International Covenant on Economic, Social and Cultural Rights' (n66)
503 United Nations Treaty Collection, 'Convention on the Rights of the Child' (n70)
504 United Nations Treaty Collection, 'Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in Armed Conflict' (n71)
505 International Labour Organization, 'Ratifications for Thailand' (n74)
506 AHRD (n90)
507 Including: United Nations Human Rights, 'Human Rights Committee' (n125), United Nations Human
Rights, 'Committee on Economic, Social and Cultural Rights' (n141), International Labour Organization,
'Applying and Promoting International Labour Standards' (n145), United Nations Human Rights, 'Committee
on the Rights of the Child' (n177)
508 Please see: '2 INTERNATIONAL, REGIONAL AND BI-LATERAL LAW, A INTERNATIONAL LAW'
509 ICCPR (n58) art 16, AHRD (n90) art 3, Please see: '3 DOMESTIC LAW, A RIGHTS, 1 Absolute Rights,
(c) Recognition as a person before the law'
510 ICESCR (n58) art 9, CRC (n32) art 26, Please see: '3 DOMESTIC LAW, A RIGHTS, 1 Absolute Rights, (e)
Right to social security'
511 CRC (n32) art 16, ICCPR (n58) art 17, Please see: '3 DOMESTIC LAW, A RIGHTS, 1 Absolute Rights, (f)
Right to privacy'
512 CRC (n32) art 24 AHRD (n90) art 29(1), Please see: '3 DOMESTIC LAW, A RIGHTS, 1 Absolute Rights,
(g) Right to health care
513 CRC (n32) art 37(b), ICCPR (n58) art 9, AHRD (n90) art 12, Please see: '3 DOMESTIC LAW, A RIGHTS,
1 Absolute Rights, (h) Freedom from arbitrary arrest
514 CRC (n32) art 40, ICCPR (n58) art 14, Please see: '3 DOMESTIC LAW, A RIGHTS, 1 Absolute Rights, (i)
Judicial rights
515 First Optional Protocol to the CRC (n168) art 4(1), art 7 Please see: '3 DOMESTIC LAW, A RIGHTS, 1
Absolute Rights, (j) Rights in armed conflict
516 ICESCR (n58) art 11, AHRD (n90) art 28, Please see: '3 DOMESTIC LAW, A RIGHTS, 2 Qualified
Rights, (b) Adequate standard of living', '4 EMPIRICAL RESEARCH, A LIFE IN THAILAND, 3 Health
Care'
517 ICESCR (n58) art 14, CRC (n32) art 28, AHRD (n90) art 31, Please see: '3 DOMESTIC LAW, A RIGHTS,
2 Qualified Rights, (c) Right to education
518 ICCPR (n58) art 24, CRC (n32) art 7, AHRD (n90) art 18, Please see: '3 DOMESTIC LAW, A RIGHTS, 2
Qualified Rights, (d) Right to be registered after birth and acquire a nationality', '4 EMPIRICAL
RESEARCH, A LIFE IN THAILAND, 1 Birth Registration'
519 ICCPR (n58) art 19, CRC (n32) art 13 AHRD (n90) art 23, Please see: '3 DOMESTIC LAW, A RIGHTS, 2
Qualified Rights, (e) Freedom of expression'
520 ICCPR (n58) art 10(2)(b), '3 DOMESTIC LAW, A RIGHTS, 3 Derogable Rights, (a) Separation of juvenile
accused from adults'
521 ICCPR (n58) art 6 CRC (n32) art 6 AHRD (n90) art 11, Please see: '4 EMPIRICAL RESEARCH, A LIFE
IN THAILAND, 3 Health Care'
522 ICESCR (n58) art 10(3), AHRD (n90) art 27(3), CRC (n32) art 34, Second Optional Protocol to the CRC
(n169) art 3(a), Please see: '4 EMPIRICAL RESEARCH, A LIFE IN THAILAND, 4 Equal Treatment'
523 ICCPR (n58) art 26, AHRD (n90) art 3, Please see: '4 EMPIRICAL RESEARCH, A LIFE IN THAILAND,
4 Equal Treatment'
524 ICCPR (n58) art 18(1), CRC (n32) art 14(1), AHRD (n90) art 22, Please see: '3 DOMESTIC LAW, A
RIGHTS, 1 Absolute Rights, (d) Freedom of thought, conscience and religion'
525 ICCPR (n58) art 8, AHRD (n90) art 13, Child Labour Convention (n144) art 1, 3, Please see: '3
DOMESTIC LAW, A RIGHTS, 1 Absolute Rights, (k) Freedom from slavery'
526 CRC (n32) art 14(3), ICCPR (n58) art 18(3), Please see: '3 DOMESTIC LAW, A RIGHTS, 2 Qualified
Rights, (a) Freedom to manifest one's religious beliefs'
527 ICCPR (n58) art 24, CRC (n32) art 7, Please see: '3 DOMESTIC LAW, A RIGHTS, 2 Qualified Rights, (d)
Right to be registered after birth and acquire a nationality', '4 EMPIRICAL RESEARCH, A LIFE IN
THAILAND, 1 Birth Registration'
528 ICCPR (n58) art 7, CRC (n32) art 37, AHRD (n90) art 14, Please see: '3 DOMESTIC LAW, A RIGHTS, 1
Absolute Rights, (b) Freedom from torture'
529 Child Labour Convention (n144) art 1,3, ICCPR (n58) art 8(3), Please see: '3 DOMESTIC LAW, A
RIGHTS, 2 Qualified Rights, (f) Freedom from forced labour'
530 United Nations Treaty Collection, 'Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against Transnational
Organized Crime' (n75)
531 United Nations Treaty Collection, 'Optional Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography' (n71)
532 COMMIT MOU (n93)
533 Memorandum of Understanding Between the Government of the Kingdom of Thailand and the Government
of the Union of Myanmar on Cooperation To Combat Trafficking in Persons, Especially Women and
Children (n94)
534 Memorandum of Understanding Between the Government of the Kingdom of Thailand and the Government
of the Kingdom of Cambodia on Bilateral Cooperation for Eliminating Trafficking in Children and Women
and Assisting Victims of Trafficking (n94)
535 Memorandum of Understanding Between the Government of the Kingdom of Thailand and the Government
of the Lao People's Democratic Republic on Coopeartion to Combat Trafficking in Persons, Especially
Women and Children (n94)
536 Agreement Between the Government of the Kingdom of Thailand and the Government of the Socialist
Republic of Vietnam on Bilateral Cooperation for Eliminating Trafficking in Persons, Especially Women and
Children and Assisting Victims of Trafficking (n94)
537 As evident in: Weerapong Saelee & Anoma Siriyoowattananon (n381)
538 Thailand Alien Working Act, B.E. 2551 (n321) Section 9,10
539 Thailand Civil Registration Act (No. 2), B.E. 2551 (n337)
540 Please see: '3 DOMESTIC LAW, B PROTECTION, 1 Preventative Measures, (a) Access to education and
skill training, and increasing economic opportunities and medical care'
541 Anti-Trafficking Act (n52) Section 41
542 Please see: '3 DOMESTIC LAW, B PROTECTION, 2 Protection of Trafficked Children, (c) Humane
treatment and assistance'
543 Trafficking in Persons Report 2014 (n483) 376, Alternative Report following the initial report from Thailand
on the implementation of the optional protocol to the convention on the rights of the child on the sale of
children, child prostitution and child pornography (n108) 23
544 Anti-Trafficking Act (n52) Section 37
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