Thailand Law Journal 2014 Spring Issue 1 Volume 17

(b) Protection

Only recommendations not mentioned in any of the above shall be presented below. The Sema Life Development project and other such projects providing educational and skill training opportunities must be open to and include the target populations. As the target populations are not allowed to work in Thailand, resulting in many entering sex work, Thailand must allow some form of economic opportunity to the target populations.583

Thailand needs to adopt appropriate measures to ensure child victims are informed of their rights and their role within proceedings.584 Thailand must make available to trafficked persons information in a language they understand.585

In order to implement the laws protecting children from trafficking equally in Thailand, and without discrimination, the authorities must treat cases of missing children from the target populations as equal to that of missing Thai children in seriousness.586

During judicial proceedings Thailand must implement procedures recognising children's special needs as witnesses and implement child sensitive procedures, furthermore providing for the safety of and ensuring the security of child victims.587

C EVALUATION

The author of this study is unable to translate Thai language into English. The translations of Thai law were not all translated by the Thai Government, most translations were provided by www.thailaws.com which included disclaimers at the end of each document stating that only the original Thai version of legislation carried legal effect.588 The Thai law examined in this study was subject to the translations provided.

Individuals who took part in the research provided their experience and knowledge from their position. The empirical research could be interpreted as bias because no-one from the Thai Government or the UNHCR provided an interview. It should be noted however that this author did invite the Royal Thai Embassy in London and the UNHCR in Bangkok to take part in the study. Budget and time restraints also meant that this author could not conduct field research for the study.

Certain issues pertaining to the target populations' rights could not be conclusively examined in this study. This author invites other scholars and researchers to examine further the rights of asylum seeking, refugee and stateless children in Thailand, in particular regarding freedom from torture and freedom from forced labour. Furthermore family rights and group rights were not examined or analysed and may also call for further research.

With regard to trafficking this study focused on certain areas, including preventative measures, protection of trafficked children and judicial proceedings. Other areas such as international cooperation and repatriation of victims were not included. Furthermore this study did not examine the vulnerability of other children in Thailand such as migrant children and Thai citizens who are also subjected to trafficking.

BIBLIOGRAPHY

PRIMARY SOURCES

ASEAN and Regional Law and Documents
Association of Southeast Asian Nations (ASEAN) 'ASEAN Human Rights Declaration and Phnom Penh Statement on the Adoption of the ASEAN Human Rights Declaration' (Phnom Penh 19 November 2012) (AHRD)

Bali Process 'Fourth Bali Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime' (Bali Indonesia, 30 March 2011) Accessible at <http://www.baliprocess.net/ministerial-conferences-and-senior-officials-meetings> accessed 10 July 2014

Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime 'Ad Hoc Group Progress Report by the Co-Chairs' (Sydney Australia, 5 March 2013) Viewable at: <http://www.baliprocess.net/files/Ad%20Hoc%20Group/AHG%20Progress%20Report%20-%20final%20signed.pdf> accessed 10 July 2014

Memorandum of Understanding on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region (Yangon, 29 October 2004) Viewable: <http://www.notrafficking. org/reports_docs/commit/commit_eng_mou.pdf> accessed 2 August 2014 (COMMIT MOU)

Bi-Lateral Law

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 (24 March 2008) Viewable at: <http://www.no-trafficking.org/reports_docs/ThaiVietnam_Agreement %20on_Cooperation_to%20Eliminate_Trafficking_in_Persons_English.pdf> accessed 09 June 2014

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 (Siem Reap, 31 May 2003) Viewable at: <http://www.no-trafficking.org/resources_laws_thailand.html> accessed 09 June 2014

Memorandum of Understanding Between the Government of the Kingdom of Thailand and the Government of the Lao People's Democratic Republic on Cooperation to Combat Trafficking in Persons, Especially Women and Children (Bangkok, 13 July 2005) Viewable at: <http://www.notrafficking. org/content/pdf/thailao_mou_on_cooperation_to_combat_human_trafficking_eng
.pdf> accessed 09 June 2014

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 (Naw Pyi Taw, 24 April 2009) Viewable at: <http://www.no-trafficking.org/content/pdf/thai_my_mou_coop_traf_eng.pdf> accessed 09 June 2014

International Court of Justice

Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide (Advisory Opinion) [28 May 1951] ICJ Rep 1951 p. 15

International Treaties and Declarations

Convention on the Reduction of Statelessness (adopted 30 August 1961, entered into force 13 December 1975) 989 UNTS 175

Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (CRC)

Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137 (Refugee Convention)

Convention Relating to the Status of Stateless Persons (adopted 28 September 1954, entered into force 6 June 1960) 360 UNTS 117

ILO Worst Forms of Child Labour Convention, (adopted 17 June 1999, entered into force 19 November 2000) No. 182 (Child Labour Convention)

International Convention for the Protection of All Persons from Enforced Disappearance (adopted 20 December 2006, entered into force 23 December 2010) UN Doc: A/61/448

International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (adopted 18 December 1990, entered into force 1 July 2003) 2220 UNTS 3

International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR)

International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 (ICESCR)

Optional Protocol to the Convention on the Rights of the Child on a communications procedure (adopted 19 December 2011, entered into force 14 April 2014) UN Doc: A/RES/66/138