Thailand Law Journal 2014 Spring Issue 1 Volume 17

(c) Judicial proceedings

This study could not find any law in Thailand regarding the informing of victims of their rights.545 The views of the child are allowed during proceedings546 but in such a manner as to place the child at risk of retaliation.547 Legal assistance is afforded to the victim but no Thai law specifically concerns presenting the information in a language that the victim understands.548 Victims can, and have, claimed compensation for damages resulting from trafficking,549 but it is unclear if victims may claim the restitutions stated in the MOU's with Burma and Cambodia and the Agreement with Vietnam.550

B RECOMMENDATIONS

1 Monitoring Bodies

This section will present the recommendations of the monitoring bodies, pertinent to this study, regarding treaties to which Thailand has acceded. They will be presented under the sub-heading of the treaty name. It is worth noting here that the CESCR has not yet responded to Thailand's report and The Conference of the Parties to the UN Convention Against
Transnational Organized Crime and Protocols Thereto have not reviewed Thailand's implementation of the Trafficking Protocol.

(a) ICCPR

As stated by the HRC Thailand should afford special protection for accused juveniles, including compulsory segregation from adults.551 Thailand should take adequate measures to prevent further erosion of freedom of expression, in particular, threats to and harassment of media personnel and journalists.552 Thailand should ensure that all alleged cases of torture and ill-treatment by police are fully and promptly investigated, that those found responsible are brought to justice.553 Thailand should continue to strengthen its measures to adequately protect the human rights of all witnesses and victims of trafficking.554

(b) CRC

As asserted by the CRC Committee Thailand is urged to strengthen its efforts to combat corruption, including developing and implementing a vigorous anti-corruption policy.555 It is recommended that all professional groups working with and for children be adequately and systematically trained on children's rights, in particular judges, lawyers, the police and the army.556 Thailand is also urged to ensure that all children within its jurisdiction enjoy all the rights enshrined in the CRC, including asylum seekers, refugees and stateless children. Furthermore Thailand should prioritise and allocate adequate resources for social services and accelerate the provision of equal opportunities to health and education and other services for the most vulnerable groups of children.557

Thailand is urged by the CRC Committee to further review and enact legislation in order to ensure that all children who are at risk of becoming stateless are provided with access to Thai nationality.558 It is recommended that Thailand take measures to ensure that children's right to privacy is respected at all times, especially in the mass media.559 It is also recommended that Thailand strengthen its efforts to enhance the capacity of poverty reduction strategies at the local and community levels, ensuring , in particular , equitable access to basic services such as adequate nutrition, water and sanitation as well as to social and health services and education.560 It is recommended that Thailand ensure all child victims and witnesses of crimes are provided with protection.561

(c) First Optional Protocol to the CRC

It is recommended that Thailand establish effective monitoring and accountability mechanisms for key officials for both formal and informal involvement of children in village defence militias.562 Thailand is further urged to establish an identification mechanism for children, including asylum-seeking and refugee children, who have been involved in armed conflict abroad and to provide such children with appropriate assistance for their physical and psychological recovery and their social reintegration.563

(d) Second Optional Protocol to the CRC

It is recommended that Thailand strengthen its laws, and especially the enforcement of existing laws aimed at prevention of the sale of children, child prostitution and child pornography and take all necessary measures to prevent and prosecute cases of corruption among police officers, especially those who are involved in child sex trade.564 It is recommended that Thailand ensure that video recordings of testimonies by child victims or witnesses of offences under the Optional Protocol are always accepted as evidence.565

(e) Child Labour Convention

Thailand is urged to ensure that thorough investigations and robust prosecutions of persons who traffic in children for the purpose of labour or sexual exploitation are carried out.566

2 Interviews

Mr. Ehkusoe stated that he would like to change the education in the camps, in particular he would like the children to be educated regarding their rights and how to take care of their health.567

Mr. McArthur would like the focus on combating trafficking to shift towards legalisation and decriminalisation of sex work. He advocates sex workers having access to services and complaint mechanisms without fear of retribution from the police. He further advocates for refugees not to have to live in camps and be granted access to work, similar to migrant workers but with recognition that refugees have special protection concerns.568

3 This Study

This author supports the above statements from monitoring bodies and interviewees and further recommends:

(a) Rights

To fully guarantee the right to life to the target populations the Thai Government must address malnutrition in the camps,569 including physical and economic access to food guaranteed under the right to adequate living.570 With regard to freedom from torture the internationally recognised definition of torture should be adopted into Thai law and all reports of Or Sor torturing camp residents must be investigated and punished.571 The Thai Government must recognise all people within its jurisdiction, including asylum seekers, refugees and stateless people.572 Non-contributory public relief, when offered by the Thai
Government, such as after the tsunami in 2004, must be made available equally to all victims including the target populations of this study.573 The laws regarding right to privacy must be amended to cover all people under Thailand's jurisdiction.574 National health care policies and legislation need to be created and implemented in order to address the vulnerable and
under-served areas, including the refugee camps.575 Refugees must not be forced to choose between indefinite detention or voluntary deportation as this is not necessary and has been classified as arbitrary arrest.576 Thailand's judicial rights need to be amended in order to comply with international standards.577

The right to education is to be achieved progressively, Thailand needs to submit a plan to the CESCR aiming at guaranteeing free compulsory primary education for all children including the target populations of this study.578 Regarding freedom of expression Thailand must investigate fully claims by those living in camps of being detained for expressing their opinions, and punish those found responsible.579 Thailand must also investigate and punish any incidences of forced labour within the camps.580 Laws in place to protect children from exploitation must be applied equally to all children.581 With all above recommendations in place Thailand must also ensure equal protection of the law for all the target populations, including the Shan and Rohingya.582