Children s Rights and Business Principles. Report on Thailand Prepared for Rosy Blue Q June 11. Bangkok. Chiang Mai. Khon Kaen.

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1 CHINA MYANMAR Chiang Mai LAOS CHINA B a y o f B e n g a l Khon Kaen Ubon Ratchathani Bangkok A n d a m a n S e a G u l f o f T h a i l a n d CAMBODIA VIET NAM S o u t h C h i n a S e a Phuket M a l a c c a S t r a i t I N D I A N O C E A N MALAYSIA INDONESIA Children s Rights and Business Principles Report on Thailand Prepared for Rosy Blue Q June 11

2 Contents Executive summary... 5 Child Rights Integration... 9 Principle Human rights of children - Overview... 9 Principle 1 - Recommendations Principles for action in the Workplace Principle Child labour - Overview Principle 2 - Recommendations Principle Working conditions of young workers - Overview. 25 Principle 3 - Recommendations Principle Health and safety of children - Overview Principle 4 - Recommendations Maps Map 1: Administrative areas... 3 Map 2: Child labour... 7 Map 3: Poverty density Map 4: Cooking fuels Map 5: Flood risk Map 6: Women s and Girls rights Map 7: Economic activity - children (6-14years) Map 8: Informal employment - children years Map 9: Access to drinking water Map 10: Sanitation - access to toilet facilities Map 11: Children not attending school Map 12: Infrastructure Principles for action in the community Principle Community and government efforts - Overview Principle 10 - Recommendations Conclusions Risk and opportunities Operational recommendations Children s Rights and Business Principles Recommendations Appendix...52 Maplecroft s quarterly monitors provide succinct analysis of significant recent events, as well as country scores and risk trends for all countries. These can be produced bi-annually, quarterly or monthly, whilst same day analysis is available on request For further information on country reports please contact your client manager or phone Maplecroft on: +44 (0) i Maplecroft 2012 Country Risk Report by Maplecroft

3 Executive summary Country overview Capital city (population) Total population Demographic structure Economic structure (GDP composition by sector) GDP per capita (PPP) GDP growth (real growth) Bangkok 6.9m (2009 est.) 67m (2012 est.) 0-14 years: 19.9%; years: 70.9%; 65 years and over: 9.2% (2011 est.) Agriculture (13.3%), industry (34%), services (52.7%) (2011 est.) $9,700 (2011 est.) 0.1% (2011 est.) Human Development Index Medium human development (0.682, ranked 103 out of 187 countries) (2011) Literacy Life expectancy at birth 94% ( est.) 74 years (2010 est.) Main ethnic groups Thai 75%, Chinese 14%, other 11% Labour overview Head of state Head of government National human rights organisation Labour ministry Ombudsman Main trade unions King Phumiphon Adunyadet Prime Minister Yingluck Shinawatra National Human Rights Commission of Thailand Ministry of Labour Ombudsmen for the National Assembly Thai Trade Union Congress (TTUC), Labour Congress of Thailand (LCT) Key labour statistics Unemployment Labour force participation rate (male\female) Labour force by sector Average wage Maximum statutory working hours Minimum age of employment Percentage of 5-14 year olds in work 0.7% (2011 est.) 72% (80%/64%) (2010 est.) Agriculture (40.7%) industry (13.2%) services (46.1%) (2011 est.) 7,925.7 Baht/month (US$ 252.3) (2010 est.) 48 hours a week 15 years, 18 for hazardous work 8% ( est.) Sources: CIA World Factbook, ILO, UN Statistics Division, UNICEF, US Department of State Maplecroft 2012 Country Risk Report by Maplecroft

4 Executive summary Overview of child protection legislation Constitution of Thailand (2007) National Child and Youth Development Promotion Act (B.E. 2550) (2007) Child Protection Act (2003) National Education Act (1999) and the Compulsory Education Act (2002) Labour Protection Act (B.E. 2541) (1998, amended 2008) Anti-Human Trafficking Act (2008) Criminal Procedure Code Amendment Act (No.20) B.E.2542 Children s Rights Enshrines children s rights to survival and to receive physical, mental and intellectual development with due regard to their participation Children and youth without a guardian have the right to receive appropriate care and education from the state The state should promote people of working age to obtain employment, protecting child and woman labour Provides the equal right to 12 years of free education Children s Rights Provides guidelines and methods of how to promote proper child and youth development Aims to provide district child and youth centres and child and youth councils to ensure more effective child and youth development Children s rights and child labour Enshrines the best interest of the child and prohibits discrimination Prohibits persons from forcing, threatening, inducing, encouraging, consenting to, or acting in any other way that results in a child becoming a beggar, living on the street, using a child as an instrument for begging Prohibits crimes or acting in any other way that results in the exploitation of a child Education Stipulates the first nine years of education as free and compulsory Child Labour Employers are prohibited from employing children under 15» In accordance with the ILO which stipulates 15 as the minimum age for general employment Employed children under 18 are prohibited from performing certain hazardous tasks» In accordance with the ILO which stipulates 18 as the minimum age for hazardous employment Children under 18 years are prohibited from working overtime Sexual harassment or molestation of women and children are prohibited Employment of a child under 18 must be reported to the Labour Inspection Officer Prohibits employers from paying a child s wage to another person Prohibits employers from demanding or receiving money in return for employing children Forced Labour and Trafficking Punishes human trafficking, including the attaining and trafficking of persons in and out of Thailand for prostitution, begging, organ removal for profit, or other forms of exploitation The trafficking of children under 15 carries harsher penalties Protects male victims as well as women and children Trafficking Provides law relating to the prevention and combating of commercial sexual exploitation and trafficking in women and children 2 Maplecroft 2012 Country Risk Report by Maplecroft

5 Executive summary Administrative Map 1: Administrative areas areas maplecroft B a y o f B e n g a l 1. Narathiwat 2. Yala 3. Pattani 4. Satun 5. Songkhla 6. Phatthalung 7. Trang 8. Phuket 9. Krabi 10. Nakhon Si Thammarat 11. Phangnga 12. Surat Thani 13. Ranong 14. Chumphon 15. Prachuap Khiri Khan 16. Trat 17. Rayong 18. Chanthaburi 19. Phetchaburi 20. Chon Buri 21. Samut Songkhram 22. Ratchaburi 23. Samut Sakhon 24. Samut Prakan 25. Chachoengsao 26. Greater Bangkok 27. Sa Kaeo 28. Nonthaburi 29. Nakhon Pathom 30. Prachin Buri 31. Pathum Thani 32. Nakhon Nayok 33. Phra Nakhon Si Ayutthaya 34. Kanchanaburi 35. Suphan Buri 36. Ang Thong 37. Saraburi 38. Buri Ram 39. Si Sa Ket MYANMAR 40. Surin 41. Sing Buri 42. Nakhon Ratchasima 43. Lop Buri 44. Chai Nat 45. Ubon Ratchathani 46. Uthai Thani 47. Nakhon Sawan 48. Amnat Charoen 49. Yasothon 50. Roi Et 51. Maha Sarakham 52. Chaiyaphum 53. Phichit 54. Phetchabun A n d a m a n S e a 55. Kamphaeng Phet 56. Khon Kaen 57. Mukdahan 58. Kalasin 59. Tak 60. Phitsanulok 61. Nong Bua Lam Phu 62. Sukhothai 63. Nakhon Phanom 64. Sakon Nakhon 65. Loei 66. Udon Thani 67. Uttaradit 68. Nong Khai 69. Bueng Kan 70. Lamphun 71. Phrae 72. Lampang 73. Chiang Mai 74. Mae Hong Son 75. Nan 76. Phayao 77. Chiang Rai M a l a c c a S t r a i t LAOS 56 G u l f o f T h a i l a n d CAMBODIA VIET NAM km MALAYSIA Data source: Maplecroft, 2012 Maplecroft, 2012 Maplecroft 2012 Country Risk Report by Maplecroft

6 Executive summary Ratification of international human rights instruments Convention on the Right of the Child Convention on the Elimination of All Forms of Discrimination against Women Ratified Reservation on Article 22 concerning the protection and rights of refugee children Ratified 1985 various reservations in place ILO Minimum Age Convention (No. 138) Ratified 2004 ILO Worst Forms of Child Labour Convention (No. 182) Ratified 2001 ILO Forced Labour Convention (No. 29) Ratified 1969 ILO Abolition of Forced Labour Convention (No. 105) Ratified 1969 ILO Equal Remuneration Convention (No.100) Ratified 1999 ILO Discrimination (Employment and Occupation) Convention (No. 111) ILO Freedom of Association and Protection of the Right to Organise Convention (No. 87) ILO Right to Organise and Collective Bargaining Convention (No. 98) ILO Occupational Health and Safety Convention (No. 155) No ratification No ratification No ratification No ratification Child labour minimum ages ILO minimum age at which children can start work ILO possible exceptions for developing countries Thailand minimum age at which children can start work Hazardous work Any work which is likely to jeopardize children s physical, mental or moral health, safety or morals should not be done by anyone under the age of (16 under strict conditions) 18 (16 under strict conditions) 18 Basic Minimum Age The minimum age for work should not be below the age for finishing compulsory schooling, which is generally 15. Light work Children between the ages of 13 and 15 years old may do light work, as long as it does not threaten their health and safety, or hinder their education or vocational orientation and training Source: 4 Maplecroft 2012 Country Risk Report by Maplecroft

7 Executive summary Source: Lack of legal enforcement frustrates children s rights Although Thailand s Constitution and legal framework enshrine children s rights and are aligned to international standards, legal implementation remains weak. The Committee on the Rights of the Child has noted that despite improvements in legislation, a lack of coordination between national and local bodies causes regional variation of legal enforcement and weakens its effectiveness. 1 Budget restrictions further frustrate implementation issues. Nevertheless, the state of the country s children has improved significantly during the last 20 years, with a substantial increase in life expectancy and decrease in the mortality rate for under-five year olds. UNICEF data estimates that country mortality rates have decreased from 32 deaths per 1,000 births in 1990 to 13 deaths per 1,000 births in Life expectancy is 74 years, significantly higher than in neighbouring states. Internal disparities denying the most vulnerable their rights Although the reduction of overall poverty levels has been successful, little progress has been made in reducing regional differences. The Northeast accounts for around 60% of the country s poor. 3 Budget restrictions frustrate government efforts to provide children in rural parts of the country with essential government services such as schooling and healthcare. 4 Consequently, internal disparities continue to undermine the development and survival of the most vulnerable children. Regional differences in poverty levels deny many children their right to access education and health services. (See poverty density map, page 11). Ethnic minorities, refugees and migrants in particular, suffer from limited access to education and healthcare, exacerbating their vulnerabilities. Issues such as lack of official birth registration may deny children basic rights and services. UNICEF estimates that 5% of all annual births go unregistered; this amounts to approximately 40,000 children. 5 Statelessness remains a serious problem. Child labour is interlinked with poverty, a main factor driving children into the labour market, denying them the opportunity to access education and hindering their overall development. Companies should be aware of such underlying risks which cause children to labour and frustrate the realisation of their rights. In addition, severe natural hazards pose short and long-term risks to companies operating in Thailand. The country is highly vulnerable to natural disasters, such as floods, tsunamis and droughts. The city of Bangkok, which lies on a flood plain, is particularly vulnerable to widespread flooding. Furthermore, natural disasters represent an extreme risk to children s rights, where the poorest communities are the most vulnerable. With an estimated nine million people affected by floods in 2011, efforts to reduce levels of poverty are likely to stall in the short to medium-term. (See flood risk map, page 14). Maplecroft 2012 Country Risk Report by Maplecroft

8 Executive summary Child labour and trafficking an extreme risk to children Although child labour has decreased, it is still a considerable problem and presents a risk of complicity for companies operating in the country. National statistics estimate 7.7% of children under 15 are working. Such numbers may however underestimate the number of undocumented migrant workers and remote ethnic minorities, as these populations are rarely registered with the government. Consequently, they are at a heightened risk of every form of exploitation. Although Thailand s legislative framework seeks to protect children from labouring, implementation is ineffective, resulting in a high prevalence of child labour, particularly among migrants and ethnic minorities. The government has demonstrated a particularly low degree of political will to address the issue of exploitation of migrants and ethnic minorities. Furthermore, migrant children are denied access to education and health care, increasing their exposure to exploitative labour and poor health. Hence, there is a correlation between children not attending school and high numbers of child labourers. (See map on children not in school and economic activity of children, pages 23 and 40). Trafficking for both labour and commercial sexual exploitation is prevalent, with vulnerable groups, such as migrants and ethnic minorities, most at risk. Children are often trafficked from neighbouring states to labour in textile manufacturing, agriculture, seafood processing and domestic services. 6 Working conditions fall below international standards Thailand has not ratified all of the main international labour rights and health and safety standards conventions, thus presenting a higher risk to businesses operating in or sourcing from the country. Furthermore, poor working conditions are common due to the poor enforcement of existing labour regulations. The country has one of the highest incidences of long working hours in the world and fails to provide effective and comprehensive protection of young workers. Young workers tend to work longer hours, and rights to freedom of association and collective bargaining are frequently violated. Migrant workers are particularly vulnerable to economic exploitation. Migrant workers are at high risk of poor occupational safety and health standards and are excluded from the social security system. Children s health an increasing risk HIV/AIDS prevalence is increasing among young people, presenting operational risks for companies. Furthermore, discrimination and stigma against people living with HIV/AIDS is common. The country also suffers from a high prevalence of tuberculosis and malaria, presenting a further risk to businesses operating in the country. Thailand is considered by the WHO to be a high TB burden country. In addition, malaria is considered a re-emerging disease, especially amongst migrants and cross-border populations. Children s rights risks and opportunities Although the overall situation for children has improved, companies should nevertheless be aware of a number of challenges that many children, especially the most vulnerable, still face. Despite such risks, there are opportunities allowing companies to support the realisation of children s rights. By understanding the existing risks which frustrate children s rights, businesses are able to implement efforts which counteract these. Efforts such as assisting in the provision of educational facilities and quality education, improving comprehensive access to healthcare and services, and combating stigma and discrimination can change children s futures and build important ties with communities that will benefit the company. Companies can also make efforts to combat domestic disparities, such as supporting the provision of drinking water, safe cooking fuels and improved access to sanitation. Regional poverty differences perpetuate vulnerabilities. These differences and the prevalence of lack of access to essential facilities can be seen in maps on cooking fuels, access to sanitation and clean drinking water on pages 12, 37 and 35. Furthermore, it is worth noting that Thailand s Constitution outlines a collaborative role for the private sector in the provision of quality education. This may facilitate company efforts to support and promote children s education. 6 Maplecroft 2012 Country Risk Report by Maplecroft

9 Executive summary Map Child 2: labour Child labour maplecroft USA Medium risk, scores 6.45/10 Child Labour Index 2012 Extreme High Medium Low No data Belgium Medium risk, scores 7.50/10 Russia Extreme risk, scores 2.18/10 Armenia High risk, scores 3.48/10 Israel Low risk, scores 8.12/10 China Extreme risk, scores 2.18/10 Thailand High risk, scores 4.97/10 India Extreme risk, scores 0.93/10 Sri Lanka Extreme risk, scores 1.82/10 South Africa High risk, scores 2.68/10 The Child Labour Index indicates the risk of child labour to business and its global value chain. The risk of employment of children may arise due to a state's substandard enforcement mechanisms to prevent child labour. Child labour is defined by the International Labour Organization's (ILO) Minimum Age Convention as employment that limits or damages the physical, mental, moral, social or psychological development of children. It sets the minimum age for work at 15. The ILO's Worst Forms of Child Labour prohibits hazardous work for persons below the age of 18. All children are also prohibited from working the same number of hours as adults and at night. 0 1,250 2,500 5,000 km Data source: Maplecroft 2012 Maplecroft 2012 Country Risk Report by Maplecroft

10 Executive summary Endnotes 1 UN Committee on the Rights of the Child, UN Committee on the Rights of the Child: Concluding Observations, Thailand. Available at: [Accessed 27 April 2012]. 2 UNICEF, 2012.The State of the World s Children: Children in an Urban World. Available at: [Accessed 5 June]. 3 S. Jitsuchon and K. Richter. Thailand s Poverty Maps. Available at: / / _p pdf [Accessed on 5 June 2012]. 4 UNICEF. Thailand: Local capacity building. Available at: [Accessed 5 June 2012]. 5 UNICEF. Thailand: Child protection overview. Available at: [Accessed 5 June 2012]. 6 Humantrafficking.org. Thailand: The situation. Available at: [Accessed 5 June 2012]. Notes 8 Maplecroft 2012 Country Risk Report by Maplecroft

11 Child Rights Integration Principle 1 Meet their responsibility to respect children s rights and commit to supporting the human rights of children. Source: Human rights of children - Overview Although Thailand ratified the Convention on the Rights of the Child in 1992, a reservation on the protection of refugees (Article 22) remains in place due to a large influx of refugees from neighbouring countries. Thailand s Constitution and legal framework enshrines children s rights and is aligned to international standards. However, legal implementation remains weak due to ineffective and inconsistent legal enforcement by local authorities. Budgetary restrictions and lack of coordination between national and local bodies further exacerbate the implementation issues. The state of the country s children has improved significantly during the last 20 years, with a substantial increase in life expectancy and decrease in the mortality rate for under-fives. However, internal disparities cause the most vulnerable children to suffer from lack of access to education and health services. Furthermore, discrimination against ethnic minorities, migrants and refugees is a threat to the development and survival of such children. Statelessness remains a serious problem with severe consequences for children. Consequently, companies operating in Thailand are at high risk of association with child rights violations in relation to child labour, discrimination, trafficking, sexual exploitation, and violence and abuse. These pervasive issues pose serious potential reputational risks and risks of business complicity. Maplecroft 2012 Country Risk Report by Maplecroft

12 Child Rights Integration Weak and inconsistent legal enforcement Thailand ratified the Convention on the Rights of the Child in 1992 indicating a political willingness to adhere to international standards. Only a reservation to Article 22 on the protection of refugees remains due to the large number of displaced people within the country. The Thai Constitution enshrines children s rights, guaranteeing the right to be protected from discrimination, violence and unfair treatment, and is in line with international standards. However, although children s Constitutional rights are further strengthened by national legislation, implementation remains troublesome. The Child Protection Act (2003) prohibits a person to use, employ or ask a child to work or act in a way that might be physically or mentally harmful for the child, affect the child s growth or hinder the child s development (Article 26.6). Furthermore, although national legislation enshrines universal and free access to education, such rights are not extended to all children. The National Education Act (1999) and the Compulsory Education Act (2002) stipulate that the first nine years of education should be free and compulsory. However, UNESCO reports that over a quarter of a million children of primary school age, were out of school in Such figures may underestimate the magnitude of the problem. (For more on education please see principle 10, page 38). Although legislative efforts reflect a political commitment to children s rights, the decentralisation of government functions hinders effective implementation. The Decentralization Act (1999) devolved powers concerning social welfare and education to local authorities. Such responsibilities are yet to be implemented effectively in many places due to budgetary restraints and inexperience. Weak and inconsistent legal enforcement further frustrates the realisation of children s rights. The Committee on the Rights of the Child has noted that despite improvements in legislation, the lack of coordination between national and local bodies causes regional variation of legal enforcement and weakens its effectiveness. 2 There are national and local mechanisms to monitor and enforce children s legislation; however, lack of coordination between bodies hampers enforcement. To monitor children s protection services the Children s Protection Act establishes national and provincial child protection committees. The national committee is chaired by the Minister of Social Development and Human Security. The reporting on the implementation of the Convention on the Rights of the Child suggests a need for strengthened coordination for the effective enforcement of children s rights. 3 Policies upholding the rights of children and other vulnerable groups require strengthened implementation efforts. During the 2011 Universal Periodic Review it was recommended that Thailand strengthen the implementation of policies and measures to protect vulnerable social groups like women, children, poor people, ethnic minorities, [and] migrants. 4 Poverty a threat to all children Although successive Thai governments have been successful in reducing overall levels of poverty, little progress has been made in terms of reducing sharp regional differences in poverty levels. Figures from the World Bank and Thailand s national planning agency (NESDB) show that poverty is highest in the Northeast. 5 (See poverty density map, page 11). Furthermore, the World Bank notes that even as poverty is falling more rapidly in other regions, it has become more concentrated in the Northeast. 6 The Northeast accounted for around 60% of the country s poor, whilst accounting for only a third of the total population. 7 Poverty and its correlation to children s rights is visualised by maps showing the utilised cooking fuels, lack of sanitation and access to drinking water, pages 12, 37 and 35 respectively. Poverty remains and internal disparities represent a serious challenge. Thailand has halved its poverty headcount between , as required by its Millennium Development Goal poverty target. 8 However, poverty has not yet been reduced to under 4%, as according to the country s Millennium Development Goal-Plus agenda. 9 While the plan aimed at lowering the rate to 4% by 2009, reaching this target is likely to require greater focus on marginalised regions and provinces. Nevertheless, increased growth has allowed the country to invest in the development and wellbeing of children, consequently the under-five mortality rate has significantly improved. UNICEF data estimates that the mortality rate of children under five years has been more than halved, with figures of 32 deaths per 1,000 births in 1990 improving to 13 deaths per 1,000 births in Maplecroft 2012 Country Risk Report by Maplecroft

13 Child Rights Integration Poverty Map 3: Poverty density density maplecroft MYANMAR Chiang Mai LAOS Udon Thani Mae Sot Tak Phitsanulok Khon Kaen Mukdahan Nakhon Sawan Nakhon Ratchasima Buri Ram Ubon Ratchathani Saraburi Ratchaburi Bangkok Sa Kaeo Pattaya Prachuap Khiri Khan Trat CAMBODIA Chumphon VIET NAM Surat Thani Estimated proportion of population in poverty * High Phuket Songkhla!\ National capital Low *Night-time Light Poverty Index adjusted using a calibration derived from the WDI estimate for the number of people living on 2 US dollars or less per day. The methodology is adapted from Elvidge et al (2009), Computers and Geosciences 35, Data sources: Maplecroft, 2012; CIESIN; NOAA; World Bank Narathiwat \ Other major cities and towns Administrative boundary Maplecroft, km Maplecroft 2012 Country Risk Report by Maplecroft

14 Child Rights Integration Cooking Map 4: Cooking fuels fuels maplecroft MYANMAR LAOS B a y o f B e n g a l NORTH NORTHEAST CENTRAL CAMBODIA A n d a m a n S e a GREATER BANGKOK G u l f o f T h a i l a n d VIET NAM SOUTH Proportions of fuels used for cooking by administrative region (2010) Charcoal Electricity Gas Wood None M a l a c c a S t r a i t km Data source: Maplecroft, 2012; MALAYSIA Thailand Statistical Yearbook, 2011 Maplecroft, Maplecroft 2012 Country Risk Report by Maplecroft

15 Child Rights Integration Furthermore, life expectancy at birth in Thailand is significantly higher than in neighbouring countries. Life expectancy in Thailand is 74 years while neighbouring states suffer from overall higher levels of poverty and lower life expectancy; Cambodia (63 years), Laos (67 years) and Myanmar (65 years). 11 According to UNICEF statistics, children in Thailand experience better health, wellbeing and overall survival than in neighbouring states. Underweight estimates are indicative of children s wellbeing and Thailand has experienced a 50% reduction in underweight children since Although 7% of children are moderately or severely underweight, this corresponds to half the amount in Malaysia (13%) and less than a third of the percentage of children moderately or severely underweight in Myanmar (23%). 13 However, internal disparities and poverty continue to frustrate the development and survival of the most vulnerable children in the country. Due to lack of funding local governments struggle to provide children in rural parts of the country with essential government services such as schooling and healthcare. 14 Child labour can be seen as interlinked with these issues as poverty is a main factor driving children into the labour market, denying them the opportunity to access education and hindering the overall human development of the nation. Discrimination a pervasive threat Discrimination against migrants and refugees is pervasive, denying many children the realisation of their rights. Human Rights Watch reports that migrant workers from neighbouring countries face severe human rights violations such as forced labour, killings, torture and sexual abuse. 15 A local NGO reports that refugees are often mistaken for migrant workers and experience exploitation and harassment. 16 In addition, ethnic minorities, refugees and migrants suffer from lack of access to education and healthcare, exacerbating their vulnerabilities. Issues such as lack of access to birth registration may deny children basic rights and services. UNICEF estimates that 5% of all annual births go unregistered; this amounts to approximately 40,000 children. 17 Statelessness remains a serious problem. The survival of the child is threatened by poverty and droughts, as almost a third of the population relies on rainwater as drinking water. It is estimated that 31% of the country s population accesses drinking water through rainwater. 18 In the poorer north-eastern part of the country the amount of the population relying on rainwater is as high as 61.4%. 19 (See map on access to drinking water, page 35). The poorer north-eastern part of the country has a high prevalence of families cooking with charcoal and wood as fuel, indicating high levels of poverty and lack of development. This may present an opportunity for companies to support the development of such regions by providing child safe and sustainable cooking facilities. (See cooking fuels map and poverty prevalence map, pages 12 and 11). Natural disasters represent an extreme risk to children s rights, where the poorest communities are the most vulnerable. With an estimated nine million people affected by the 2011 floods, efforts to reduce levels of poverty are likely to stall in the short to medium-term. (See flood risk map, page 14). Case study Natural hazards risks, but also opportunities Business operations in Thailand face natural hazard risks which impact on children s rights. Rather than focusing only on the risks to children, businesses should be aware of the opportunities to assist in the protection of children s rights, their wellbeing and survival. Although those most vulnerable to disasters are usually the worst affected, it is essential to understand that disaster survivors are not victims but agents for change. 20 Empowering those most affected by natural disasters has proven to benefit communities and their children. UNICEF reports on a case study from Thailand which suggests that by allowing those affected by natural disasters to manage their own rehabilitation, resources can be stretched further and collective organisation can be strengthened. 21 Companies are hence presented with the opportunity to help protect children affected by emergencies as per Principle 9 of the Children s Rights and Business Principles by investing in local community projects which are collectively organised to empower local communities. (See the flood risks map for an indicator on the risks and potential areas of opportunity, page 14). Maplecroft 2012 Country Risk Report by Maplecroft

16 Child Rights Integration Flood Map 5: risk Flood risk maplecroft LAOS MYANMAR Chiang Mai Salwe en Udon Thani S C Mae Sot Tak P in g Phitsanulok Yom C h Khon Kaen i Mukdahan Saraburi Mae Klong Nakhon Sawan Chao Phraya Mu Buri Ram Nakhon Saraburi Ratchasima n Ubon Ratchathani Ratchaburi Bangkok km Bangkok Ratchaburi Sa Kaeo Pattaya CAMBODIA Prachuap Khiri Khan Trat Chumphon!\ National capital \ Other major cities and towns Administrative boundary Major river Worst affected areas from the October 2011 flooding Flood Risk Index 2011 Extreme High Medium Low Phuket Data sources: Maplecroft, 2011; UNEP/GRID-Europe Global Risk Data Platform, Surat Thani Songkhla Narathiwat MALAYSIA Maplecroft, km 14 Maplecroft 2012 Country Risk Report by Maplecroft

17 Child Rights Integration Women s and Girls Rights The Women s and Girls Rights Index measures the severity and prevalence of violations against females, with particular attention paid to discrimination in the workplace Regional average 2.47 (extreme) 2.80 (high) = highest risk, 10 = lowest risk Thailand Rank 77 (of 197 countries, where 1 is worst) Risk comparisons Relative position of Thailand compared with selected countries Rank Top diamond producers Diamond cutting and polishing countries 75 India 5 DR Congo 69 Angola 29 China 75 India 75 Colombia 31 Sierra Leone 90 South Africa 37 UAE 77 Thailand 77 Thailand 44 Zambia 102 Botswana 43 Armenia 90 South Africa 77 Peru 47 Zimbabwe 123 Namibia 53 Sri Lanka 132 Israel 79 Tanzania 65 Russia 174 Australia 65 Russia 190 Belgium Red indicates higher risk, green indicates lower risk Trafficking a serious threat to the most vulnerable children Despite recent government efforts to tackle human trafficking, it continues to pose a severe and serious threat to the most vulnerable women and children. Conviction rates are low due to police corruption and the country lacks an effective monitoring system. 22 Trafficking for both labour and commercial sexual exploitation is prevalent, with vulnerable groups such as migrants and ethnic minorities most at risk. The trafficking of children for commercial sexual exploitation is a recorded problem. 23 Children are often trafficked from neighbouring states to labour in textile manufacturing, agriculture, seafood processing and domestic services. 24 Women and children lacking legal status are most at risk of internal trafficking for labour and commercial sexual exploitation. UNICEF estimates that over 6,000 children annually experience some sort of abuse. Most of these children suffer sexual abuse. 25 Women s and girls rights violations represent a risk to business. Maplecroft Women s and Girl s Rights Index 2012 reflects on the risks to business through possible association with women s and girls human rights violations. Thailand is classified as an extreme risk country, with a score of 2.47/10 (with lower scores representing higher risks). Similarly, but indicating a slightly higher risk, India scores 2.43/10. Although also rated as extreme risk, China and Sri Lanka represent higher risks scoring only 1.12/10 and 1.82/10 respectively. (See Women s and Girls Rights risk comparison table above and map page 16). Maplecroft 2012 Country Risk Report by Maplecroft

18 Child Rights Integration Map Women's 6: Women s and Girls' and rights Girls rights maplecroft USA Medium risk, scores 6.95/10 Women's and Girls' Rights Index 2012 Extreme High Medium Low No data Belgium Low risk, scores 8.00/10 Russia Extreme risk, scores 2.18/10 Armenia Extreme risk, scores 1.48/10 Israel High risk, scores 4.62/10 China Extreme risk, scores 1.12/10 Thailand Extreme risk, scores 2.47/10 India Extreme risk, scores 2.43/10 Sri Lanka Extreme risk, scores 1.82/10 South Africa High risk, scores 2.68/10 Maplecroft s 2012 Women's and Girls' Rights Index indicates the risk to businesses through possible association with practices of state and non-state actors which discriminate against or otherwise limit or infringe the rights of women and girls. The map provides an overview of the level of protection of women's and girls' rights in 10 countries of interest to the diamond industry. Girls are particular ly vulnerable in Sri Lanka (scores 1.82/10 ) and Thailand (scores 2.47/10). In both countries child marriage is prevalent with higher figures in poor rural areas. In Sri Lanka at least 12% of girls marry before they are 18 years old. In Thailand at least 20% of women aged report they were married by 18. Informal work exacerbates vulnerabilities; in Thailand an estimated 80% of informal industri al homeworkers are women. Data source: Maplecroft ,250 2,500 5,000 km 16 Maplecroft 2012 Country Risk Report by Maplecroft

19 Child Rights Integration Principle 1 - Recommendations Meet their responsibility to respect children s rights and commit to supporting the human rights of children. Develop policies that enshrine the company responsibility The core principles in the Convention on the Rights of the Child will guide the company in their efforts to ensure the dignity and development of children. These principles include commitment to the best interests of the child, non-discrimination, child participation, and survival and development. Companies should ensure that they develop internal policies that are aligned with these principles so as to guarantee the corporate responsibility to respect, and commitment to support, the rights and interests of children throughout their business operations and supply chains. 26 Such efforts require investigation into the diamond industry s supply chain, as children s rights violations take place in diamond mining, cutting and polishing, and in industries that support these activities. When implementing policies, the company should take into account the best interests of the child in the local context. Due to the country s diverse population, it is essential to recognise that the needs and vulnerabilities of children may be regionally, culturally, and sector-specific. For example, companies wishing to support children s rights could consider assisting communities in post natural disaster restoration projects. Furthermore, a human rights due diligence process should be part of the corporate responsibility to respect children s rights. This should be an ongoing process which will assist in identifying local violations and vulnerabilities and continuously assess any actual and potential human rights impacts of the business. (See Conclusion for further operational recommendations, page 45). Any remediation of violations should respect and support the right of children to participate in, for example, consultation procedures. Allowing for dialogue and mutual respect is one of the core principles of the Convention on the Rights of the Child. Potential reputational and financial damage can be minimised by these efforts. By supporting local efforts the company can assist in developing capacities relevant to surrounding realities. Through collaboration and partnerships with local NGOs, regional experts, local governmental agencies and national institutions, the company can support social and cultural values that respect the rights of children and promote their wellbeing and development. The company may wish to support local efforts to develop capacities relevant to surrounding realities by promoting the education of children. Through collaboration and partnerships with local NGOs, regional experts, local governmental agencies and national institutions, the company can support social and cultural values that respect the rights of children and promote their wellbeing and development. A company Code of Conduct will assist in implementing policies. A Code of Conduct outlines expectations on impact assessments, auditing, and the monitoring of effectiveness and remediation if children s rights violations are found to have taken place. Maplecroft 2012 Country Risk Report by Maplecroft

20 Principles for action in the Workplace Principle 2 Contribute to the elimination of child labour, including in all business activities and business relationships. Source: Child labour - Overview Although child labour has been decreasing in Thailand for many years, it is still a considerable problem. The country has a relatively strong legal protection system against child labour and trafficking, but enforcement is poor and the authorities have even been implicated in exploitative schemes. Labour inspections are rare, and cultural norms sometimes result in negotiated promises of improvements instead of prosecution for child labour violations. Thailand receives huge numbers of migrant labourers, each year from Cambodia, Myanmar, Laos, and other countries. A large percentage of these migrants are children. Migrants rarely register with the government, and they and their children are at a heightened risk of every form of exploitation. Consequently, migrants and their children represent a cheap source of labour and face compounded risk factors. For these reasons, they are an attractive source of labour to exploitative companies. Minority children from the north of Thailand also face similar barriers to decent work. The government has demonstrated a particularly low degree of political will to address the issues of exploitation of migrants and ethnic minorities. In the absence of effective enforcement by state authorities to prevent child labour, as well as insufficiently rigorous social auditing and monitoring mechanisms throughout supply chains, businesses face risks of complicity in the use of child labour. 18 Maplecroft 2012 Country Risk Report by Maplecroft

21 Principles for action in the Workplace Child Labour The Child Labour Index measures the prevalence and type of child labour as well as government efforts to combat child labour Regional average 1.12 (extreme) 0.02 (extreme) = highest risk, 10 = lowest risk Thailand Rank 118 (of 196 countries, where 1 is worst) Risk comparisons Relative position of Thailand compared with selected countries Rank Top diamond producers Diamond cutting and polishing countries 116 Mauritius 5 DR Congo 61 Angola 27 India 94 Armenia 116 Sao T. & Principe 5 Zimbabwe 68 Russia 36 China 118 Thailand 118 Thailand 37 Sierra Leone 80 South Africa 61 Sri Lanka 140 UAE 119 Cape Verde 53 Zambia 82 Botswana 68 Russia 158 Belgium 120 Azerbaijan 60 Namibia 185 Australia 80 South Africa 168 Israel Red indicates higher risk, green indicates lower risk Despite legal protections - child labour is still prevalent Thailand has ratified the core ILO conventions on child labour and has largely incorporated their provisions into domestic law; however, implementation and enforcement remains a problem. Thailand has ratified ILO Convention No. 182 on the Worst Forms of Child Labour and Convention No. 138 on Minimum Age. The Thai Labour Protection Act (LPA) stipulates that the minimum age for general employment is 15, and 18 for hazardous work. There are a number of exceptions for closely supervised light work for children as young as 13. Whilst legal protections are relatively strong, children are still engaged in the worst forms of child labour. Children are more at risk in certain industries including fishing, seafood processing, pornography and prostitution, agriculture, domestic work, child begging, light industry, and the garment sector. 27 Children in these occupations are exposed to violence, long working hours, and the use of dangerous tools. Children in poorer regions, such as the northeast where diamond cutting and polishing is prevalent, are particularly vulnerable. In Thailand, 10.8% of the population lives in extreme poverty on less than $1.25 per day. 28 With high rates of poverty and large numbers of children not attending school in the northeast, this region is particularly vulnerable to child labour. (Please see children not attending school map, page 40). Diamond processing companies in the north and northeast of Thailand and Bangkok may face additional risks with respect to child labour violations because of the prevalence of marginalised minority peoples including the hill tribe peoples. Furthermore, the close proximity with the borders of Laos and Myanmar may increase the risks of association with the use of migrant child labourers. In particular, factories along the Myanmar border may present a higher risk, as there are reports citing heightened levels of child labour in these facilities. Extreme poverty in the north and northeast further increases the prevalence of child labour. (Please see poverty density map, page 11). There is a correlation between children not attending school and high numbers of child labourers. This can be seen in statistics for Greater Bangkok, which also presents a heightened risk of child labour. Government statistics estimate that the city has the highest number of child labourers aged 6-14 years, and the highest number of children not attending school in the same age group in Thailand. (Please see children out of school map and children performing economic activities, page 40 and 23). Maplecroft 2012 Country Risk Report by Maplecroft

22 Principles for action in the Workplace Despite decreases in child labour, migrant children continue to be at high risk of severe exploitation. The rate of registered Thai children participating in both exploitative and legitimate forms of work has declined due to positive measures on social and economic development and a reduction in population growth. The number of children formally working and registered with the social security system fell by 40% from 2009 to 2010 alone. 29 This may have been the result of new government policies that increase the age limit for free education. Research indicates that ethnic minority, stateless and migrant children are more likely to be engaged in the worst forms of child labour, particularly in the informal sector. 30 However, although improvements have been made for children who are Thai citizens, many are still involved in child labour. In 2010, 13% of children in Thailand between the ages of 5 and 14 were engaged in work. 31 Estimates place the number of child labourers between 4 and 5 million. 32 The improvements and challenges are reflected in Maplecroft s Child Labour Index, where the country went from being an extreme risk country in 2009 to be ranked as a high risk country in The Index, which quantifies the risk for companies to be linked to labour exploitation, shows that companies investing in Thailand face lower risks of being linked to child labour than when investing in most of the top diamond producing and diamond cutting and polishing countries in the world. Indeed, countries only face lower risks when investing in UAE, Belgium and Israel. (See Child Labour risk comparison table and map, pages 19 and 7). Enforcement is the largest obstacle to reducing child labour Thailand s legislative framework is relatively strong with respect to child labour. However, ineffective implementation remains the largest barrier to improving conditions for children. Due to traditional practices, when labour inspectors find violations of child labour laws, the situation is sometimes resolved by a promise to avoid future violations instead of prosecution for breaking the law. 33 Moreover, reports indicate that the authorities are more reactive than proactive, visiting working sites after stories have appeared in the media instead of conducting preventative inspections. Child labour is cheap and therefore more profitable, with children being paid less for the same work performed by an adult. 34 Low resources and budgetary constraints are reportedly additional reasons for poor inspection rates. In 2010, the government employed 678 labour inspectors to inspect 387,177 workplaces. 35 The Thai government has conceded that the number of inspectors is insufficient. Despite this admission, the labour inspectorate has not been strengthened and the country still lacks adequate inspection resources to properly enforce labour laws. Penalties for human trafficking, sexual exploitation, and employing child labourers are sufficiently dissuasive, but a lack of enforcement results in impunity for many perpetrators. Under the Anti-Human Trafficking Act, those found guilty of trafficking children are subject to fines and prison sentences. The trafficking of children under 15 carries harsher penalties. Section 287 of the Penal Code prohibits the sexual exploitation of children in obscene and pornographic material. However, the number of successful cases is extremely low. Due to poor enforcement by labour inspectors, police, and the courts, child labour is still prevalent and poses a risk to business if found within the supply chain of a company or its partners. In order to avoid being perceived as complicit with child labour violations, it is advisable that businesses implement their own monitoring and auditing processes in their operations and those of their supply chains. Corruption amongst local law enforcement authorities hinders the proper implementation of the country s child labour and anti-trafficking laws. There are credible reports of law enforcement officers protecting employers engaged in trafficking schemes to supply illegal child labour. As a result, direct involvement in and facilitation of human trafficking by law enforcement officials reportedly remained a significant problem in Thailand. 36 Trafficking - a serious risk to children Trafficking is a serious problem, and children are trafficked for forced labour, prostitution and pornography. Although comprehensive anti-trafficking legislation has been passed and the CRC Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography has been ratified, issues are still prevalent. The country remains a popular destination for sex tourism and many children are trafficked and forced into prostitution to fulfil the demand for sex services. 20 Maplecroft 2012 Country Risk Report by Maplecroft

23 Principles for action in the Workplace The implementation and enforcement of trafficking laws remains poor, exacerbating the risks for the most vulnerable. After an official visit in 2011, the UN Special Rapporteur on Trafficking warned that the implementation and enforcement of trafficking laws remains poor and that the government needs to do more to protect the rights of migrant workers who are increasingly vulnerable to forced and exploitative labour. 37 Ethnic minorities, migrants, refugees, and stateless children are more likely to be trafficked into forced labour due to their undocumented immigration status, economic situation, education level, and language barriers. 38 Children from Burma, Cambodia, Laos, China, and Vietnam are trafficked into the country for forced labour and commercial sexual exploitation. 39 Internal trafficking and cross-border human trafficking are both serious concerns. If businesses, either directly or through their supply chain, are believed to be employing victims of trafficking or to be engaged in exploitative labour practices, they could face reputational and operational risks. Situation for Thai children improves, deteriorates for migrant children Although Thai authorities have made increasing efforts to reduce child labour amongst Thai citizens, the authorities have not properly addressed issues affecting migrant child labourers. Migrant labourers face a much higher risk of trafficking and exploitation, and migrant children are more likely to be involved in the worst forms of child labour. Due to instability and repression in Myanmar, and the poor economic opportunities there and in neighbouring Laos and Cambodia, migrant labourers enter Thailand in search of work, often illegally. Many factories located in the northern borders region and Bangkok reportedly employ child labour, posing a risk to businesses operating in these areas. In the northeast, high participation rates in the informal economy increase the likelihood of child labour and substandard working conditions. Informal workers generally lack written contracts and may not know the conditions of their employment. They may also lack access to remedy when violations occur. (Please see informal employment, children years map, page 28). Migrants, who generally receive lower pay, may need their children to work in order for the family to survive, fuelling the prevalence of child labour. Poverty, unofficial migration status, and poor legal protection converge to drastically increase the chances of child exploitation and harsh labour. Parents are sometimes lured or tricked into allowing their children to work in substandard conditions. Discrimination and marginalisation may be fuelling child labour Hill tribe members and long-term non-thai national residents face discrimination and marginalisation that leads to fewer work opportunities, increased poverty, and a greater likelihood of child labour. Moreover, highlanders often lack national identification documents, are unregistered, and participate in the informal economy outside of the protection of the law. Women and girls from the hill tribes are most at risk of being trafficked because they often lack citizenship. 40 Many Thai children do not have birth certificates and therefore lack legal status, impeding their ability to obtain formal employment. Although the law entitles all children born in Thailand to a birth certificate, many parents do not request one because of the need to travel to distant offices, the complexity of the process, and a lack of awareness of its importance. 41 Without legal status, children are more likely to work in the informal sector under conditions that amount to child labour. Migrant children are denied access to education and health care, increasing their exposure to exploitative labour and poor health. 42 Nearly 35% of migrant children younger than 15 years of age work, and 63% of these work more than 8 hours per day. Many adult migrants also do not want to register because of the high cost. Similarly, employers do not register their employees to avoid paying taxes and workers compensation for occupational accidents. Thai authorities have demonstrated a lack of political will to properly address risks faced by migrant child labourers. It has been reported that Thai labour inspectors do not speak migrant or ethnic minority languages, which may impede their ability to conduct adequate inspections. 43 The government operates two hotlines to receive complaints about labour violations, including exploitative child labour and trafficking. However, complaints are only received in Thai and English, not in languages spoken by the majority of migrants. 44 Furthermore, Thailand has placed a reservation on its ratification of the Convention on the Rights of the Child, indicating that it does not wish to extend refugee status and its accompanying protections to migrant children. Maplecroft 2012 Country Risk Report by Maplecroft

24 Principles for action in the Workplace Highlight The Thai experience of a trainee diamond cutter and polisher In 2007, a group of twenty young people were recruited in Botswana by H&A Cutting Works, an affiliate of Excel Co. They were told that they would be trainee cutters and polishers in a state-of-the-art facility in Thailand so that they could eventually return to Botswana to teach others. Representatives from the company told them that their lives would be changed forever. After arriving in Thailand, however, the recruits quickly realised that they had been significantly misled. They had been brought into the country illegally and had no rights because the company did not apply for their legal entry. The company did not provide language training or English speaking supervisors, and they were not able to communicate at all. Working conditions were poor and the workers felt victimised. Two of them developed respiratory problems due to faulty ventilation, and one was dismissed for incompetence and suffered from aching legs due to standing for long periods. A third was dismissed for laziness, suffering from vision problems due to intense light. Other workers absconded, feeling that their qualifications were worthless. Companies should audit their supply chains to ensure that their business partners are not using exploitive recruiting practices. Source: August/Friday8 Notes 22 Maplecroft 2012 Country Risk Report by Maplecroft

25 Principles for action in the Workplace Economic Map 7: Economic activity activity - children - children (6-14 (6-14years) maplecroft MYANMAR LAOS B a y o f B e n g a l NORTH NORTHEAST CENTRAL CAMBODIA GREATER BANGKOK A n d a m a n S e a G u l f o f T h a i l a n d VIET NAM Number of children performing economic activity aged 6-14 years by administrative region (2008) SOUTH 1,076 3,761 4,281 6,048 12,376 M a l a c c a S t r a i t km Data source: Maplecroft, 2012; MALAYSIA The Children and Youth Survey, 2008 Maplecroft, 2012 Maplecroft 2012 Country Risk Report by Maplecroft

26 Principles for action in the Workplace Principle 2 - Recommendations Contribute to the elimination of child labour, including in all business activities and business relationships. Working towards eliminating child labour The company is advised to develop and implement policies and procedures that will help mitigate the risks of using child labourers in operations and supply chains. These policies can serve as a tool to ensure that managers and suppliers take a socially responsible approach to the elimination of child labour. Policies should reflect industry commitments that comply with international labour standards on child labour. The company should establish mechanisms to identify incidents of child labour, establish the means to ensure that children receive the support they need, and put in place grievance mechanisms to ensure the detection of children within their supply chain. To ensure legal compliance, the company should implement robust age-verification mechanisms during recruitment, both in their own operations and, if possible, in their supply chain. These mechanisms can help companies identify the presence of children in the workplace, and will give them the opportunity to remove them and take measures to ensure they receive the protection they need. As labour authorities cannot be relied upon to thoroughly inspect and report on the use of child labour, the company should ensure that they have adequate measures in place to monitor the employment practices of supply chain partners. Where violations are found to have been committed, facilitating factors should be rectified. For example, the company may wish to have independent auditors ensuring adherence to child labour legislation. Preventing harm to young workers and protecting them Training is key to preventing child labour in the workplace. Special attention should be given to issues related to migrant children, including proper worker registration, language training, and identifying trafficked and exploited migrant children. In order to prevent harm to children, managers and suppliers can benefit from ongoing training that will help them understand companies policies on child labour and health and safety procedures for young workers. Due to the high incidence of child labour in Thailand, particularly among migrant labourers, companies with suppliers in the country should monitor supplier factories. Regular monitoring is important to ensure continuous improvement within the supply chain. In addition, it allows companies to take corrective action if children are found in the workplace or within the supply chain. Audits could include interviewing management on policies and practices to prevent child labour, interviewing employees, inspecting factories/ workplaces and scrutinizing contracts. Working in partnerships to promote sustainable solutions To eliminate the root causes of child labour, the company may wish to consider developing multi-stakeholder partnerships within the communities in which they operate. In light of legal and regulatory enforcement gaps, collaborative efforts with stakeholders can offer promising opportunities to achieve meaningful change. Investors may wish to adopt a partnership approach to address the social and economic factors that lead to child labour. In order to do so, they can benefit from gathering data to understand the labour market situation, migration patterns, gender issues and education levels in the local communities in which they operate. This may help them identify risks and opportunities to develop community programmes that promote long-term solutions for communities and the sustainability of their operations. 24 Maplecroft 2012 Country Risk Report by Maplecroft

27 Principles for action in the Workplace Principle 3 Provide decent work for young workers, parents and caregivers. Source: Working conditions of young workers - Overview Workers in Thailand do not enjoy safe working conditions, although they are entitled to them by law. For example the country has one of the highest incidences of long working hours, and restrictions on freedom of association are frequently reported. The situation is particularly acute for migrant workers, who are reportedly subject to violence, sexual harassment and extortion by employers and public security forces. Poor working conditions are mostly explained by the weak enforcement of labour laws. Indeed, labour inspections are rare and corruption amongst labour inspectorates appears to be rampant. In addition, discrimination in employment limits women s access to the labour market and reduces family incomes. Consequently, children, particularly girls, are at risk of missing school in order to look after the household and/or their siblings. Companies are therefore advised to introduce family friendly policies to guarantee that parents enjoy adequate working conditions and can combine both work and family responsibilities. In addition, companies should monitor business partners closely to ensure that migrant workers and women employed in their supply chains are not subject to discrimination. Maplecroft 2012 Country Risk Report by Maplecroft

28 Principles for action in the Workplace Labour Rights and Protection The Labour Rights and Protection Index measures the risk of association with, and involvement in, violations of labour rights within a given country. Comprised of six indices (child labour; forced labour; trafficking; freedom of association and collective bargaining; discrimination and working conditions) Regional average 3.18 (high) 2.41 (extreme) = highest risk, 10 = lowest risk Thailand Rank 70 (of 196 countries, where 1 is worst) Risk comparisons Relative position of Thailand compared with selected countries Rank Top diamond producers Diamond cutting and polishing countries 67 Qatar 1 DR Congo 72 Zambia 6 China 70 Thailand 69 Malaysia 9 Zimbabwe 97 South Africa 16 India 97 South Africa 70 Thailand 37 Russia 105 Namibia 37 Russia 104 Armenia 71 Equatorial Guinea 41 Angola 111 Botswana 46 Sri Lanka 141 Israel 72 Zambia 44 Sierra Leone 182 Australia 60 UAE 173 Belgium Red indicates higher risk, green indicates lower risk Weak enforcement of the labour law leads to extremely poor working conditions Thailand s failure to ratify core international labour conventions is an indication of a lack of political commitment to ensure that working conditions match international standards. Thailand has not ratified either of the core International Labour Organisation (ILO) conventions on Freedom of Association and Protection of the Right to Organise (No. 87) and Right to Organise and Collective Bargaining (No. 98). Thailand has also not ratified the fundamental ILO Convention on Discrimination (Employment and Occupation) (No. 111). Furthermore, the country has not ratified the Hours of Work (Industry) Convention (No.1) nor the Protection of Wages Convention (No. 95). However, the legal protection of children does match international standards. Thailand has ratified the relevant ILO Conventions relating to child labour. Thai law forbids the employment of children under the age of 15 and regulates the employment of children under the age of 18. The law also prohibits the employment of children under 18 years in hazardous work such as gem polishing. Perpetrators can expect to be penalised with one year in prison and fines of up to THB200,000 baht (approximately US $6,700) for violating these prohibitions. 45 Poor working conditions are commonly reported and are mostly due to the poor enforcement of existing labour regulations. Violations of health and safety regulations and non-payment of wages and benefits are common. Poor working conditions are mostly explained by the weak enforcement of labour regulations. In 2010, the government employed 678 labour inspectors to inspect 387,177 workplaces. 46 Furthermore, according to the US Department of State, corruption is prevalent amongst labour inspectors, who tend to negotiate promises of better future behaviour rather than seek prosecution when employers are found to be contravening labour legislation Maplecroft 2012 Country Risk Report by Maplecroft

29 Principles for action in the Workplace Consequently, companies are at significant risk of being associated with violations of labour regulations. Thailand (72nd) is ranked as a high risk country in Maplecroft s Working Conditions Index The Index quantifies the risks of businesses being linked to discriminatory practices in the workplace, unreasonably long working hours, dangerous working conditions and wages that are insufficient to provide a decent living for a worker and their family. Thailand, ranking at 70 th place out of 196 countries, poses a greater risk to businesses of being associated with substandard labour rights protection than some of the world s top diamond-producing, polishing and cutting countries. Zambia (72 nd ), South Africa (97 th ), Armenia (104 th ), Namibia (105 th ), Israel (141 st ) and Belgium (173 rd ) are all countries representing lower risk than Thailand. Nevertheless, Thailand poses lower risks than China (6 th ), India (16 th ), Russia (37 th ), Sri Lanka (46 th ), and UAE (60 th ). (See Labour Rights risk comparison table on page 26). Poor working practices are pervasive Thailand has one of the highest incidences of long working hours in the world, and is among the countries that offer the least legally mandated paid leave in Asia. The ILO has reported that 46.7% of workers in Thailand work for longer than 48 hours a week. According to the organisation this is due to the ineffectiveness of legislation in regulating the informal sector and the need for employees to work overtime in order to make ends meet. 48 (See map on informal employment of year olds, page 28). Case study Working conditions in gemstone cutting in Chiang Mai and Kanchnaburi In 2009 the Thai Labour Campaign investigated the working conditions of Thai s gemstone cutting industry. The field research that took place in two northern areas of the country, Chiang Mai and Kanchnaburi, found that most problems were related to the informality of the industry. According to the campaign, gemstone cutters enjoy very little work security, as the majority do not have contracts and are therefore not granted their very basic labour rights. Indeed, the research found workers were earning below the minimum wage, did not have the right to paid leave and were not paid overtime. In addition, workers were not provided with necessary machinery or proper protective equipment. Health problems related to the cutting of gems were also found. Workers did not use very basic protective equipment, such as a goggles, masks or gloves. In addition, most workers reported serious back pain and deteriorating eyesight. However, the organisation noted that it is possible that workers may have more serious health problems, but these are likely to go unnoticed as medical screenings are never provided. Source: id= It has been reported that young workers tend to work longer hours, presumably to make up for the meagre wages they receive. For instance, workers in gem processing are often paid a piece rate. 49 Maplecroft 2012 Country Risk Report by Maplecroft

30 Principles for action in the Workplace Informal Map 8: Informal employment employment - children - children years years maplecroft MYANMAR LAOS B a y o f B e n g a l NORTH NORTHEAST CENTRAL CAMBODIA GREATER BANGKOK A n d a m a n S e a G u l f o f T h a i l a n d VIET NAM SOUTH Informal employment of children aged years by administrative region (2011) 7, , , , ,529 M a l a c c a S t r a i t km Data source: Maplecroft, 2012; MALAYSIA Informal Employment Survey, 2011 Maplecroft, Maplecroft 2012 Country Risk Report by Maplecroft

31 Principles for action in the Workplace Rights to freedom of association and collective bargaining are frequently violated in practice. The ITUC claims that employers make extensive use of anti-union practices with governmental support. The confederation reports that lockouts, lawsuits, intimidation, harassment, evictions and dismissals have all been used to impede union activities. Allegedly, government intervention in labour disputes tends to favour employers and offers little protection to union members in practice. 50 Young labourers generally suffer worse working conditions than adult workers. Children have been found working in large modern factories in urban areas and in smaller villages in subcontracting arrangements. Children are hired to do simple, repetitive jobs which require little training and which adult workers might not choose to do. Children are often recruited to do jobs such as diamond polishing as it is thought that their nimble fingers are more suited to this kind of work. 51 In addition, living conditions provided to child labourers are often crowded and unhygienic. 52 Women continue to face barriers Despite women s increased participation in the labour market, they face ongoing discrimination in the workplace. According to the National Statistics Office (NSO), women constituted 46% of the labour force in 2005 and held an increasing share of professional positions (women accounted for 58% of professional workers, 51% of technical workers, and only 29% of administrators and managers). Although discrimination in hiring, training opportunities and pay is prohibited by law, it is commonly reported. Women are victims of harassment and the country has a significantly large gender pay gap. Women who are victims of sexual harassment rarely file complaints due to fear of reputational harm and retaliation or, if they are in unstable employment, fear that their contract will not be renewed. Research by the NGO Solidarity Centre indicates that women in every industry earn less than men in the same jobs. 53 In 2011 the ITUC found that on average women earn about 37% less than men. 54 Migrant workers face particularly harsh working conditions Migrant workers, both documented and undocumented, are particularly vulnerable to economic exploitation. The ILO estimates that there about three million migrant workers in Thailand. The great majority are from Myanmar, followed by Laos and Cambodia. According to the ILO, migrant workers are extremely vulnerable to labour exploitation because they are not protected by labour legislation and lack access to justice and social services. 55 Furthermore, the NGO Human Rights Watch (HRW) reports that migrant workers are often subject to violence, sexual harassment and extortion. The organisation claims that these acts are usually committed with the acquiescence of the police and local authorities. 56 The NGO War on Want also notes that migrant workers, particularly women, work extremely long hours without overtime pay, face unsafe working conditions and are prevented from taking sick leave. 57 The basic rights of migrants have been weakened as the result of decrees limiting their freedom of movement, expression, association and assembly. While migrant workers may join existing unions, they may not form them, making it virtually impossible to organise in the many factories that only employ migrants. Many migrants therefore have no way of expressing their grievances. 58 In addition, once migrant workers are registered with the Ministry of Labour they are not allowed to leave the province where they are registered. Migrant workers in Thailand are also at high risk of poor occupational safety and health standards and are excluded from the social security system. Currently, only registered migrants may access compensation from the Workmen s Compensation Fund (WCF). In 2011, the ILO reported that there has yet to be a clear case where compensation is awarded to a migrant. 5 In response to the problem, the Thai government established the Private Insurance Scheme for Migrant Workers, but this has been criticised as neither binding nor enforceable (6 CRR 40). 59 Young migrant workers and children are denied access to education, thus fuelling the pervasiveness of child labour. Although all children, including migrants, have the legal right to enrol in school, in practice the majority of migrant children remain outside the education system. According to the Office for National Statistics, almost one million migrant children do not attend school. This makes them the largest group of children not accessing education. 60 Maplecroft 2012 Country Risk Report by Maplecroft

32 Principles for action in the Workplace Principle 3 - Recommendations Provide decent work for young workers, parents and caregivers. Support workers in their roles as parents or caregivers Since the plight of parents has a vast impact on the prevalence of child labour, companies should seek to introduce family friendly working practices. For example, companies can introduce flexible working hours and guarantee parental leave. In addition, in the absence of universal access to education and social security, companies should also ensure that employment benefits include benefits for workers children, such as access to healthcare, childcare and education. Particular attention should be paid to migrant workers, since they have been found to be particularly vulnerable to labour exploitation and their children are less likely to be enrolled in school. In light of absent or weak legal protection, companies need to actively ensure young workers enjoy adequate working conditions, both in their own operations and along their supply chains. Companies may need to adopt and mainstream internal policies and procedures that help ensure that the rights and interests of young workers are protected throughout their operations. Such internal procedures need to go beyond domestic legal requirements in order to ensure young workers enjoy working conditions that are not considered exploitative by international standards. In order to mitigate reputational risks, the company is advised to monitor and audit its supply chain to ensure that business partners adhere to the same level of workplace protection. Subsequent monitoring should also identify any violations of workers freedom of association and ensure that they are free to unionise should they wish to do so. As legal protection of workers rights is inadequate to effectively guarantee equality in the workplace, it is prudent for companies to employ measures that can ensure their business partners adhere to principles of equality and non-discrimination. This may require investors to include nondiscrimination guarantees in supply chain contracts to mitigate the risk of association with controversial business practices that can tarnish their reputation. Being responsive to the vulnerability of young workers In order to address young workers vulnerabilities, companies need to identify and monitor areas within their operations and supply chains where they are most at risk. Since young workers are more likely to suffer from substandard working conditions, identifying such risks is imperative for the development of remedial strategies. For example, this can be the case in relation to the potential physical harm of hazardous work. Employee surveys can help employers identify areas where young workers are most at risk, such as in relation to violence and abuse. Effective grievance mechanisms which are accessible to young workers should be established. The auditing and monitoring of supply chains can help companies identify high risk areas for the exploitation of young workers in the operations of their business partners. As a preventive measure, companies may wish to contractually require their business partners to adopt policies to protect young workers, as well as train them to make them aware of the situation they are in. 30 Maplecroft 2012 Country Risk Report by Maplecroft

33 Principles for action in the Workplace Principle 4 Ensure the protection and safety of children in all business activities and facilities. Source: Health and safety of children - Overview Due to the low health and safety standards and a poor regulatory framework for labour inspections, young workers are at risk of being exposed to hazardous working environments. Businesses are consequently at risk of association with employment practices that endanger children s health, development, wellbeing and survival. Health and safety risks are elevated for young persons, informal sector workers and migrants. Diseases such as HIV, malaria and tuberculosis present increasing risks in border regions where migration flows are high and among young people. Furthermore, the social stigma associated with HIV infection increases the risks of transmission both within and outside of the workplace. Overall, companies may be exposed to significant reputational damage due to the weak legal enforcement of health and safety standards. Businesses may wish to monitor and audit supply chains to ensure business partners comply with all domestic and international health and safety standards. Maplecroft 2012 Country Risk Report by Maplecroft

34 Principles for action in the Workplace Working Conditions The Working Conditions Index measures the prevalence and gravity of sub-standard working conditions, particularly in relation to the minimum wage, working hours and health and safety in the workplace Regional average 3.47 (high) 1.80 (extreme) = highest risk, 10 = lowest risk Thailand Rank 72 (of 196 countries, where 1 is worst) Risk comparisons Relative position of Thailand compared with selected countries Rank Top diamond producers Diamond cutting and polishing countries 71 Malaysia 3 DR Congo 93 Namibia 17 China 76 Armenia 72 Palau 18 Zimbabwe 119 Sierra Leone 23 India 107 Sri Lanka 72 Thailand 30 Russia 120 South Africa 30 Russia 120 South Africa 72 Peru 37 Angola 130 Botswana 38 UAE 143 Israel 72 Tuvalu 79 Zambia 191 Australia 72 Thailand 188 Belgium Red indicates higher risk, green indicates lower risk Health and safety legislation provides weak protection Thailand has not committed to international health and safety standards and therefore presents a higher risk to businesses operating in or sourcing from the country. Thailand has failed to ratify ILO Convention No. 42 on Workmen s Compensation (Occupational Diseases) Convention (Revised), No. 155 on Occupational Health and Safety, and ILO Convention No. 161 on Occupational Health Services. National legislation provides some protection for children, as persons under the age of 18 are legally protected from performing certain types of hazardous work involved in diamond and gem processing. The country s Labour Protection Act defines 12 hazardous types of work prohibited for children. They include work involving heat, vibration and noise; work involving exposure to hazardous chemicals; underground or underwater work; and work that involves the use of an electric saw. 61 However, domestic legal protections are undermined by poor enforcement and underreporting, resulting from a weak inspections system. This is demonstrated by the high prevalence of children employed in substandard health and safety conditions. The effectiveness of the inspections system is impeded by limited resources and practices of negotiating promises to improve compliance rather than pursuing prosecution and imposing penalties. 62 Furthermore, health and safety statistics have been acknowledged as under-representative due to deficiencies in reporting, especially within the informal sector and among migrant workers. 63 Informal workers fall outside the regulatory reach of governmental labour market institutions, heightening risks to children employed in this sector. Due to this lack of regulation, informal workers typically face more precarious working conditions and remain unprotected from physical abuse. Due to the increasingly small-scale nature of the work, these risks are increasingly relevant to the diamond and gem processing industry (see Highlight: The informal sector). This can also be seen as a major area of concern for the protection of children generally, as many are employed informally. These children and young persons are therefore particularly vulnerable to work-related health and safety hazards. Migrant workers lack the same rights as contractual workers, and are therefore more vulnerable to hazardous health and safety standards. Migrant workers often have to carry out the most dangerous jobs, exposing them to high risk of injury and death at the workplace. They also often have less access to remedies due to language barriers and lack of awareness of their rights. 64 These risks are especially acute for young migrant workers, who are already more vulnerable to health and safety risks due to their lesser experience and physical capacity Maplecroft 2012 Country Risk Report by Maplecroft

35 Principles for action in the Workplace Thailand is ranked as a high risk country in Maplecroft s Working Conditions Index This reflects a high risk to companies of being exposed to violations of workplace standards, including in health and safety. With a score of 3.47 (where lower scores indicate higher risks), Thailand is ranked 72 nd out of 197 countries. In comparison to other Asian countries involved in diamond processing, Thailand presents lower risks than China (17 th ) and India (23 rd ), but higher risks than Sri Lanka (107 th ). (See Working Conditions risk comparison table, page 32). Highlight The informal sector The 2007 Informal Employed Person Survey by Thailand s National Statistical Office sheds some light on the usually opaque informal sector. 66 As the informal economy lacks regulation and governmental oversight, it is particularly prone to hazardous working conditions. The survey shows that among the 1,421,047 recorded young workers aged 15-19, significantly more are employed in the informal sector (857,664) than in the formal sector (563,383) (Please see informal employment of children aged 15-19, map page 28). In comparison, among workers aged years, the distribution between the formal and informal sectors is almost equal: 1,776,654 are employed in the formal sector, whilst 1,774,747 work in the informal sector. Over half of the working population is employed in the informal sector, 23.3m out of 37.1m employees, as recorded by the National Statistical Office. Consequently, the high prevalence of informal sector employment, including among young workers, has significant repercussions for the health and safety conditions of workers. Since informal industries are not comprehensively covered by law, enforcement of health and safety standards tends to be particularly poor. This is reflected in the number of safety issues reported for both sectors. Whilst there were 1m safety complaints in the formal sector, there were about twice the amount in the informal sector even though informal sector accidents are more likely to be unreported. Even though the National Statistical Office does not provide data specifically on the diamond cutting and polishing industry, recent research has shown that gemstone processing operations in Thailand are increasingly carried out by small-scale producers. The latter are often working in their homes or small workshops. They are therefore more likely not to follow formal employment relationships, and hence, to be exposed to greater health and safety risks. The strengthening of health and safety legislation represents a positive step towards the improvement of conditions. In January 2011, the Thai Ministry of Labour introduced the Occupational Safety, Health, and Environment Act, which stipulates, that the employer is obligated to maintain safe and hygienic conditions in the workplace, offer occupational safety, health and environment training, and provide protective equipment. 67 While this new act is important for providing greater legal protection to workers, weak enforcement may limit its efficacy in practice. Hazardous work environments undermine the health and wellbeing of children The Thai gem cutting industry lacks necessary health and safety standards, putting companies at risk of being associated with substandard labour standards. A February 2010 report by the Netherlands-based Centre for Research on Multi-National Corporations (SOMO) shows that the majority of gem cutters do not use protective equipment, including masks and gloves. Furthermore, workers in the industry reported back pains and deteriorating eyesight as a result of their work. 68 Since many gem cutters are not formally employed, they do not enjoy health and safety guarantees. The lack of thorough inspections and enforcement measures enables perpetrators to employ children under deplorable health and safety conditions with impunity. Even though state inspectors focused on sectors most affected by hazardous health and safety environments in their inspection of 51,344 workplaces in the period between October 2009 and September 2010, no violations of working conditions for young workers were identified and reported. 69 In light of conflicting NGO reports, this suggests that labour inspection practices are ineffective. There is therefore unlikely to be any improvement in the health and safety conditions for children in the short term. Considering that incidents are likely to be greatly underreported, available statistics illustrate high health and safety risks to workers. According to the US Department of State, 146,511 occupational diseases and injuries were reported in Nearly 30% of these were severe enough to cause the loss of more than three working days, including permanent disabilities and deaths. 70 In 2010, the Labour Ministry inspected 16,867 workplaces, of which 1,372 or 9% - were found in violation of health and safety regulations. Violations were most commonly found in relation to fire accidents, failure to establish safety committees, and problematic levels of heat, light and noise. 71 Sources: Maplecroft 2012 Country Risk Report by Maplecroft

36 Principles for action in the Workplace Children are disadvantaged when parents or caregivers are injured or become unwell through hazards in the workplace. Health and safety risks in the workplace therefore affect both young workers and the children of workers. Where adults are subject to serious accidents or illnesses their children may have to care for them, have to compensate for losses in income or may ultimately lose a parent. Health disparities increasing risks for vulnerable persons Despite constitutional guarantees, the reproductive health of women tends to be compromised, particularly in rural areas. Women in Thailand have been found to lack access to information on the importance of breast and cervical cancer screenings and rarely seek them out. 72 According to the United Nations Development Programme, lack of adequate maternal health care is particularly problematic in the remote and mountainous northern provinces and in the southernmost provinces, 73 which can negatively affect the operations of companies located in these regions. Thailand is one of the few countries to have significantly reduced maternal mortality since 1990 from 54 per 100,000 live births to 48 per 100,000 live births in However, the situation remains problematic in the south of the country, where maternal mortality rates are estimated to be about twice as high. 74 Although no comprehensive research has been conducted on the reasons for higher maternal mortality in the south, it is worth noting that a larger proportion of births take place at home in this region. Children of ethnic minorities and migrants often have restricted access to information and health services, increasing the risks posed by diseases. 75 For the children of migrants, this if often the result of an inefficient registration system. 76 Furthermore, access to clean drinking water and sanitation facilities is not universal, making their provision in the workplace imperative. Maps visualising data on access to drinking water and sanitation highlight the high percentage of the population who rely on rainwater for their drinking water and only have access to toilets which do not flush. (See maps on access to drinking water and access to toilet facilities, page 35 and 37). The continuing spread of HIV/AIDS further contributes to the vulnerability of children and increases operational risks for companies employing young workers. According to UNICEF, there are an estimated 500,000 people living with HIV in Thailand, including 14,000 children. 77 Over 300,000 children are believed to be affected (both directly and indirectly) by HIV, including through infection by parents. 78 The infection rate among young people is at risk of rising: UNAIDS observes declining HIV knowledge and understanding over the past two years among the Thai youth population, which is likely to lead to an increase in risky behaviour, such as infrequent use of condoms. 79 Migrant workers are also particularly vulnerable to HIV infection. UNAIDS reports that Cambodian migrant workers have the highest infection rate with 2.5%, compared to the 1.3% national average. Migrant workers, who are at greater risk of exploitative and hazardous work, are often unable to access adequate medication or treatment against the virus. Companies operating in border regions, where migration flows are highest, are therefore advised to pay particular attention to this issue. 80 Adults and children are at a high risk of discrimination due to strong societal stigma of HIV, which can be addressed through workplace education programs. The implementation of training programs on the management of HIV risks in the workplace and on principles of non-discrimination can help to reduce risks of transmission and social stigma. The impact of tuberculosis and malaria is high. As a result, operational risks for businesses are especially heightened in Thailand s border areas, where the incidence rate is increasing. Tuberculosis remains a serious concern as indicated by the inclusion of Thailand in the World Health Organization s list of 22 high TB burden countries with a rate of 192 cases per 100,000 in Though the treatment success rate reportedly increased to 83% in 2009, default and mortality rates remain high. Furthermore, with incidences along Thailand s border increasing, Malaria is considered a re-emerging disease, especially among migrants and cross-border populations. Vulnerable children who have limited access to health facilities are therefore especially and increasingly vulnerable to this disease. 82 Child pornography and prostitution constitute a key risk to the safety of children that businesses may become implicated in. Following estimates by the Office of the National Commission on Women s Affairs, there are approximately 22,500-40,000 children in prostitution in the country. Companies may become implicated in this extreme violation of children s rights if their workforce is seen to increase demand for child prostitution or if child prostitutes are found to operate on company premises. Actions should therefore be taken to ensure that such practices are in no way facilitated by a company s operations or those of its partners Maplecroft 2012 Country Risk Report by Maplecroft

37 Principles for action in the Workplace Access Map 9: Access to drinking to drinking water water maplecroft MYANMAR LAOS B a y o f B e n g a l NORTH NORTHEAST CENTRAL CAMBODIA A n d a m a n S e a GREATER BANGKOK G u l f o f T h a i l a n d VIET NAM Proportional access to drinking water by administrative region (2010) Bottled water Inside piped supply SOUTH Inside piped supply (underground) Underground well Outside piped or public tap Rainwater River Other M a l a c c a S t r a i t km Data source: Maplecroft, 2012; MALAYSIA Thailand Statistical Yearbook, 2011 Maplecroft, 2012 Maplecroft 2012 Country Risk Report by Maplecroft

38 Principles for action in the Workplace Principle 4 - Recommendations Ensure the protection and safety of children in all business activities and facilities. Addressing safety and protection risks In order to avoid allegations of endangering workers within their supply chains, companies may wish to monitor and audit them. This will ensure business partners comply with all domestic child labour and health and safety requirements as well as international standards. The company may wish to develop health and safety training and preventative strategies in order to raise awareness and reduce health and safety risks. Such training should also provide parents with information on occupational risks which may affect their children. 84 Businesses should implement adequate health and safety precautions, which should include protective equipment and training specifically adapted to younger workers who are legally allowed to work. This may help decrease workplace injuries and diseases. In addition, the business may wish to conduct training sessions during regular working hours as this may improve efficiency and attendance. The company may wish to implement occupational health and safety audits, with a focus on young workers who are more vulnerable to accidents and diseases. Audits can also help ensure that no young workers above the national legal minimum age for work are performing hazardous activities. Audit findings should result in changes to the workplace environment, thereby continuously improving health and safety conditions. Providing medical examinations and treatment at work free of charge may assist in reducing occupational diseases and injuries. In so doing, the business would simultaneously promote the fundamental right of the legally labouring child to health and access to healthcare. Businesses should adopt a zero-tolerance policy against all forms of violence, exploitation and abuse towards legally labouring children and young workers. 85 Such a policy should include any similar acts towards children in the vicinity of business operations. Appropriate action should be taken if such instances are identified in order to promote deterrence. Ensuring a working environment that supports the best interests of the child Providing health education to young workers and parents may increase awareness of health issues, thereby promoting behavioural change, which may benefit families even outside of the business. Such health education could include HIV/AIDS education to prevent risks of discrimination and stigma at the workplace and promote overall awareness and behavioural change. The company should develop and implement a child protection code of conduct which reflects and tackles the health and safety issues identified in this section. It is recommended that this be done in a situation-specific manner and with awareness training. This is due to the fact that issues may not be identical at all business locations. 36 Maplecroft 2012 Country Risk Report by Maplecroft

39 Principles for action in the Workplace Sanitation Map 10: Sanitation - access - to access toilet to facilities toilet facilities maplecroft MYANMAR LAOS B a y o f B e n g a l NORTH Access to sanitation facilities is an indicator of poverty and a lack of development. Recent data highlighting such deprivations focuses on access to toilet facilities; ethnic minorities and migrants are particularly affected. The map indicates the high prevalence of mould latrines which do not flush. It is worth noting that in the poorest areas such latrines may lack septic tanks and may be shared facil ities. CENTRAL NORTHEAST CAMBODIA A n d a m a n S e a GREATER BANGKOK G u l f o f T h a i l a n d VIET NAM SOUTH Proportional access to toilet facilities by administrative region (2010) Flush and mould latrine Flush latrine Mould latrine No facility nearby M a l a c c a S t r a i t km Data source: Maplecroft, 2012; MALAYSIA Thailand Statistical Yearbook, 2011 Maplecroft, 2012 Maplecroft 2012 Country Risk Report by Maplecroft

40 Principles for action in the community Principle 10 Reinforce community and government efforts to protect and fulfil children s rights Source: Community and government efforts - Overview Child labour is closely interlinked with wider challenges in society such as poverty and lack of access to education. Access to education in Thailand remains a problem. UNICEF estimates that 40% of children lack access to early childhood education. Retention rates are low and lack of access to quality education is a serious problem. Deprived and vulnerable children are at higher risk of being denied their right to access education, further exacerbating their vulnerabilities and fuelling child labour. Discrimination is pervasive, hampering access to education for ethnic minorities, migrants, refugees and those living with HIV/AIDS. An integrated and holistic approach when dealing with child labour is imperative and begins with an understanding of the social context in which the company is operating. Such insight will assist the company in taking a responsible approach towards the elimination of child labour. Companies need to ensure that measures to combat child labour do not undermine existing efforts to promote children s rights. While seeking to reduce child labour within their operations and supply chains, companies should collaborate with the government when possible, and with NGOs and communities to ensure they have a positive and sustainable impact on society. 38 Maplecroft 2012 Country Risk Report by Maplecroft

41 Principles for action in the community Access to quality education a right not yet universal National legislation enshrines universal and free access to education, indicating a willingness to invest in the development of children. The Constitution provides an equal right to 12 years of free education (S49). In addition, the National Education Act (1999) and the Compulsory Education Act (2002) stipulate that the first nine years of education should be free and compulsory. Political commitment to the development of the educational system has provided results and access to compulsory education has increased. Figures estimate that 90-94% of those aged 3 to 17 were able to access basic education in 2006, an increase from figures. 86 Furthermore, 91-96% of six to 14 year olds had access to compulsory education. 87 Although Thailand has an estimated 94% adult literacy rate and a 98% youth literacy rate, poor children, migrant children and ethnic minorities may not be reflected in such statistics. Literacy rates are significantly higher than in for example India (63% and 81% respectively). However, due to issues of the remoteness of ethnic minorities and the prevalence of children lacking citizenship figures may be under representative. 88 Despite reported increased access to education, secondary school enrolment ratios are low, suggesting a lack of retention. UNICEF confirms improvements to access to education, estimating a 90% lower secondary gross enrolment ratio in However, the upper secondary gross enrolment ratio is significantly lower at only 62%. 90 Such figures may indicate that older children do not attend school. Although the government is committed to the promotion of lifelong learning, the application of such objectives remains a serious challenge. The government increased the length of free education from 12 to 15 years in 2009 through a national Education Plan ( ). One of the main objectives of the Eleventh National Economic and Social Development Plan ( ) is education. Nevertheless, UNICEF estimates that over 773,000 children aged 6 to 11 years are either enrolled late or do not attend school at all. 91 The provision of quality basic education remains a serious challenge, hampering the future development of Thai children. It is estimated that 65% of schools fall below satisfactory levels of student achievement. 92 Low quality of teaching and lack of effective administration further frustrate educational standards. Furthermore, it is reported that learning levels have declined in the last ten years. 93 The private sector has a constitutional role It is worth noting that the Constitution outlines the collaborative role of the private sector in the provision of quality education (S80). Company efforts to support and promote children s education may hence be facilitated through government assistance. Businesses face the risk of operating in environments where children are denied access to quality education, thus frustrating their future potential. Such risks, however, also provide businesses with opportunities to invest in education locally, supporting the wellbeing and development of children and young workers. Such efforts may help to develop strong and sustainable relationships with local communities. Marginalisation denies children their educational rights Equal access to education remains a serious issue as poorer children are often denied their educational rights, indicating a need for increased measures to reduce disparities and tackle inequalities. For example, hill tribe girls are especially vulnerable to trafficking and exploitation, which may be correlated to the difficulties they face in attaining citizenship and accessing education. Such circumstances exacerbate their vulnerabilities and deny them their rights. Furthermore, a UNESCO report confirms the correlation between poverty and low educational levels, indicating that poorer regions experience a lower quality of education. A 2011 UNESCO report states that the quality of education is inconsistent. 94 Although access to education should, by law, be free from discrimination, including in relation to nationality, many migrant children and ethnic minorities are denied this right. The Committee on the Rights of the Child highlighted the need for clearer policies on the educational rights of migrants to counteract prevalent issues. 95 Increasing educational opportunities have not benefited migrant children. This is largely due to migrant children s undocumented status, pressure to work to support the family, and difficulties understanding the language. Moreover, complicated registration processes for migrant workers serve as a barrier to decent work and increase the prevalence of child labour. 96 Maplecroft 2012 Country Risk Report by Maplecroft

42 Principles for action in the community Children Map 11: Children not attending not attending school school maplecroft MYANMAR LAOS B a y o f B e n g a l NORTH NORTHEAST CENTRAL CAMBODIA GREATER BANGKOK A n d a m a n S e a G u l f o f T h a i l a n d VIET NAM SOUTH Number of children not attending school by administrative region (2008) 17,904 28,507 31,589 35,739 91,657 M a l a c c a S t r a i t km Data source: Maplecroft, 2012; MALAYSIA The Children and Youth Survey, 2008 Maplecroft, Maplecroft 2012 Country Risk Report by Maplecroft

43 Principles for action in the community Issues with birth registration documentation facilitate the continued marginalisation of migrants and refugees, denying children their rights to education and healthcare. UNESCO reports the existence of two-decade old Burmese refugee camps whose populations are being denied any entitlements to work or education, perpetuating poverty. 97 Stigma and discrimination denies access to education for vulnerable children living with HIV/AIDS. UNESCO reports that institutionalised discrimination hampers children living with HIV/ AIDS in accessing education, contrary to national legislation. Such discriminatory behaviour further entrenches behavioural patterns in society, thus allowing the marginalisation of the most vulnerable to continue. Although efforts to expand vocational training programmes have been made, these have failed to be effective. This indicates a lack of quality programmes with a genuine link to future jobs. 98 Businesses may wish to assist in developing effective training programmes which support the development of local children. Vocational programmes may counteract the marginalisation of those unable to attend school, facilitating their reintegration into society with future prospects for development. Companies can support children s educational rights by assisting government and community efforts in: Costs associated with schools, such as books, pens, uniforms, etc. Ensuring that schools are accessible. 99 This can be done by providing transport, supporting flexible models of schooling, and assisting in the construction of school buildings. Ensuring an environment free from discrimination. 100 Businesses can enhance non-discrimination efforts at schools and in communities by supporting local efforts seeking to tackle the prevalence of discrimination and by providing workplace educational training. Progress for children is everyone s business. 101 Private-public partnerships are supported by international organisations such as UNICEF. Collaboration with communities, NGOs and businesses can support the realisation of children s rights, assisting children in their development and wellbeing. Highlight Students and teachers in the cross-fire In the southern border provinces of Thailand, schools and teachers have become the subjects of violence. Perpetrators have primarily been separatist insurgents, but Human Rights Watch has stated that government security forces have also instigated and exacerbated violence and insecurity. The result has been the deaths of at least 148 teachers between 2004 and 2010 and ongoing disruption to many children s education. Ethnic Malay Muslim insurgents have carried out indiscriminate attacks, including bombings, against civilians. In response, Human Rights Watch has reported that the government has often responded with force, failing to hold soldiers accountable for human rights violations, such as the use of extrajudicial force. Islamic schools have also been raided due to suspicions of indoctrination and recruitment into extremism that are unfounded in many cases. This has served to exacerbate the conflict, leading militants to justify their aggression as retribution for state actions. Ethnic Thai Buddhist schools and teachers have been targeted by militant insurgents who have perceived them as symbols of state efforts to undermine their cultural identity. Additionally, government soldiers have used schools as barracks, sometimes occupying their grounds for a period of years. Rather than enhancing the security in these schools, however, the concentrated military presence has heightened the likelihood that they will be targeted. Furthermore, the presence and behaviour of the soldiers, reportedly including the consumption of alcohol and narcotics, has increased tensions and anxieties within schools. This has led to many children transferring to schools further away once soldiers move in and a decline in the quality of education received by those who remain. Sources: thailand; thailand0910webwcover.pdf Maplecroft 2012 Country Risk Report by Maplecroft

44 Principles for action in the community Case Study Refugee camps and education Thailand has a large population of refugees from neighbouring Myanmar, the majority of which live in nine refugee camps along the countries borders. Thailand has not ratified the 1951 Convention Relating to the Status of Refugees, and although the Thai government tolerates these camps on the understanding that they are temporary, the refugees within them have few rights. For example, freedom of movement is restricted, preventing refugees from working outside the camps, and permanent structures are not allowed. These conditions have had a negative impact on children s education within the camps. For example, seven camps with majority Karen populations have organised a network of 70 schools serving around 34,000 children. However, as the Thai government provides no assistance to these schools, they are funded and managed by a combination of NGOs, charities, community organisations and parents, meaning that they often lack adequate funding and facilities. In addition, teachers, drawn from within the camps, often lack the skills necessary to provide thorough education. As a result of these factors, secondary enrolment within the camps is considerably low compared to primary enrolment. For example, in the Ban Don Yang camp, the gross enrolment ratio for primary education in 2009 was around 110%. The ratio for secondary enrolment, however, was lower than 20%. Many children in these camps therefore have only a basic education, severely hindering their development and impeding their chances of being able to obtain well-paid jobs in the future. Source: /001907/190743e.pdf Source: 42 Maplecroft 2012 Country Risk Report by Maplecroft

45 Principles for action in the community Principle 10 - Recommendations Reinforce community and government efforts to protect and fulfil children s rights Not undermining government efforts Through collaboration in efforts which promote children s rights, such as the right to education, companies can assist in strengthening government-led programmes and initiatives. By identifying local government programmes and existing NGO efforts, companies can ensure that they do not duplicate or counteract any initiatives to protect and fulfil children s rights that are already in place. However, companies should be aware of the country s endemic corruption when engaging with government bodies. Supporting government efforts Collaborative strategies to decrease family dependence on income from child labour may increase school attendance. When removing children from the labour environment, businesses should bear in mind the consequential financial burden this may have on families. It is therefore advisable that companies attempt to find solutions which ensure that children are not required to return to labouring. Local NGOs and government schemes can be used to establish functioning partnerships, thus strengthening children s societal safety net. By supporting and integrating government schemes into business operations, robust structures supporting education and collaboration can be developed. Considering undertaking strategic social investment programmes By providing child allowances that enable parents to send their children to school, companies can assist in reducing families dependence on child labour. Companies may also wish to invest in local schools or NGO programmes that seek to improve the educational development of children in neighbourhoods surrounding business operations. Engaging in dialogue with stakeholders may assist in identifying specific local issues which the company can assist in tackling through social investment programmes. Interaction with children, enabling them to participate and share their opinions and experiences, may assist in identifying the specific efforts needed to promote the best interests of the child. By investing in adolescents through providing education and training, companies can assist in the overall development of young workers and their families, which in turn may help to curb the necessity of child labour. Educational training may help counter societal attitudes that undermine children s rights, especially girls access to education. Companies may be able to increase school attendance by providing vocational training at work, and by highlighting the importance of education to parents, caregivers and young workers. Furthermore, the company can assist in empowering those children who are not in school by providing training and skills-development programmes. By displaying a robust policy in support of children s school attendance and providing workers with living wages, social attitudes may be positively influenced. Maplecroft 2012 Country Risk Report by Maplecroft

46 Conclusions Source: Risk and opportunities Although progress has been made in reducing poverty and improving the survival, development and protection of children, children living in poor and rural areas and those affected by migration remain among the most vulnerable to violations. Despite the lack of government monitoring, child labour is prevalent and should be considered as an extreme risk to companies and their supply chain. For business to operate effectively and responsibly, social problems and local risks and violations of children s rights should be assessed. This way the company is able to develop targeted action plans and operational efforts that successfully respect and support the survival and development of children. Child labour not in compliance with international standards should be eradicated from the workplace in a responsible manner. Efforts to reintegrate children into the educational systems should take place. Company efforts focusing on the respect and support of children s rights should go beyond standard due diligence measures in order to consider the needs of families and children, as well as other stakeholders. Furthermore, companies should develop dynamic interactions with NGOs, think tanks, communities and families in order to empower local-level efforts and to contribute to children s development. Businesses should take a holistic approach with strategies which aim to reduce child labour and to address problems related to children s development and wellbeing. This approach may help businesses to combat risks associated with widespread poverty, illiteracy and high mortality rates among children. Companies should be ready to take measures beyond simple compliance with applicable laws and regulations in order to address the complexities of the local environment and to ensure support of the community in its activities. Maplecroft 2012 Country Risk Report by Maplecroft

47 Conclusion Operational recommendations Specific recommendations have been provided under each of the Children s Rights and Business Principles of this report. These should be embedded in company operations through the following processes, based on the Guiding Principles on Business and Human Rights, which implement the UN Protect, Respect, Remedy Framework. 102 The company should adopt a robust policy commitment that outlines how it seeks to meet its corporate responsibility to respect the human rights of children. This ethos should be based on the core international principles underpinning children s rights, as set out by relevant international documents such as the Convention on the Rights of the Child and the Children s Rights and Business Principles. The policy should be made available to the public and be promoted among business partners and entities which feed into the supply chain. Management systems should be developed to support and embed the company policy in business operations. These should include the responsibilities of employees and accountability procedures. The monitoring of children s rights should be documented and any reported violations dealt with effectively. As part of the business management system the company should develop a code of conduct for its employees and business partners to ensure compliance with their policy commitment throughout their commercial activities and relations. This will assist in ensuring child labour does not take place in the supply chain. In addition, the company may wish to engage in training and capacity-building among both their workers and suppliers. This can be in relation to child labour but should also address the situation of young workers, their parents and migrant workers. The company should conduct human rights due diligence processes regularly. Such processes will help identify and assess the company s actual and potential human rights impacts on children in the local context. By identifying violations and vulnerabilities, the company can develop situation-specific mitigation strategies to promote the best interests of the child in his or her local environment. Companies could consider retaining the power of final quality control with the help of independent professional auditors. The company should publicly disclose its supply chain due diligence, any findings and actions taken to respect and mitigate human rights risks. This will improve company transparency, sustainability and corporate social responsibility. Moreover, it can positively impact the reputation of the company. The company should collaborate with local NGOs, regional experts, local governmental agencies and national institutions so as to support social and cultural values that respect the rights of children and promote their wellbeing and development in the local context. NGOs, civil society, think tanks and local businesses can provide necessary expertise which is culturally sensitive, thus ensuring that efforts are targeted and appropriate. This could be, for example, in relation to the application of customary laws affecting women and girls in particular contexts. Guiding documents useful for avoiding, mitigating and combating the risks of child labour: ILO-IOE, Eliminating Child Labour: Guides for Employers. 103 ILO-IPEC, Resource Kit on Child Labour Monitoring. 104 ILO-IPEC, Combating Child Labour: A Handbook for labour inspectors. 105 ILO, Guidelines for Developing Child Labour Monitoring Processes. 106 International Organization for Standardization - ISO SA 8000 Social Certification Standard. 108 UNICEF Pilot Workbook Children are Everyone s Business. Handbook to help companies understand and address their impact on children s rights. 109 Maplecroft 2012 Country Risk Report by Maplecroft

48 Conclusion Children s Rights and Business Principles Recommendations Principle 1 The core principles in the Convention on the Rights of the Child should guide the company in their efforts to ensure the survival and development of children. Investigation into the diamond industry s supply chain is required as children s rights violations take place in diamond mining, cutting and polishing and in industries that surround these activities. When implementing the company policy the best interests of the child in the local context should be considered. Companies operating in Thailand should be aware of the sensitivities regarding ethnicities and other vulnerable groups, and any issues of stigma and discrimination. Any remediation of violations should respect and support the right of children to participate through, for example, consultation procedures. By supporting local efforts the company can assist in developing capacities relevant to surrounding realities. Principle 2 The company should develop and implement procedures that help mitigate the risks of using child labourers in operations and supply chains. Policies should reflect industry commitments that comply with international labour standards on child labour. To ensure compliance, the company should implement robust age-verification mechanisms during recruitment, both in their own operations and in their supply chain. The company is advised to undertake an in-country survey to establish a more complete understanding of the challenges they face. The company should provide training to prevent harm to children and young workers and ensure career development. To eliminate the root causes of child labour, companies may wish to consider developing multi-stakeholder partnerships within the communities in which they operate. Principle 3 Since the plight of parents has a vast impact on the prevalence of child labour, companies should seek to introduce family friendly working practices. In light of limited legal protection against child labour, companies need to actively ensure young workers enjoy adequate working conditions, both in their own operations and along their supply chain. In order to mitigate reputational risks, companies are advised to monitor and audit supply chains to ensure that business partners adhere to the same level of workplace protection. Companies will also need to ensure that they provide migrant workers with living and working conditions that are not considered exploitative by stakeholders. Employers may also consider providing counselling to migrant workers who live apart from their families. In response to a lack of protection of gender equality in the workplace, it is prudent for companies to employ measures that can ensure their business partners uphold principles of equality and non-discrimination. Reviews of corporate non-discrimination policies (including those of suppliers and subcontractors) may enable businesses to minimise risks associated with discriminatory employment practices. As a preventive measure, companies may wish to contractually require their business partners to adopt policies to protect young workers. Young workers should be given a voice in the workplace through involvement in unions and access to grievance mechanisms. The auditing and monitoring of supply chains can help companies identify areas within the operations of their business partners where young workers are at a higher risk of exploitation. In the absence of effective universal access to education and social security, companies should ensure that employment benefits include benefits to workers children, such as in relation to access to healthcare, childcare and education. Businesses are able to assist in combating the necessity of child labour by providing living wages for their workers that are sufficient to meet the basic living needs of an average-sized family in a particular economy. 46 Maplecroft 2012 Country Risk Report by Maplecroft

49 Conclusion Principle 4 The company should develop health and safety training and preventative strategies in order to raise awareness and reduce health and safety risks. The company should implement adequate health and safety precautions, which should include protective equipment and training specifically adapted to younger workers who are legally allowed to work. The company should implement occupational health and safety audits, with a focus on young workers who are more vulnerable to accidents and diseases. The company may wish to provide medical examinations and treatment at work to assist in reducing occupational diseases and injuries. The company should adopt a zero-tolerance policy against all forms of discrimination, violence, exploitation and abuse towards young workers. The company may wish to provide health education to young workers and parents as this may increase awareness on health, hygiene and sanitation issues, thereby promoting behavioural change. The company should develop and implement a child protection code of conduct which reflects and tackles the health and safety issues. Principle 10 Through collaboration in efforts which promote children s rights, such as the right to education, companies can assist in strengthening programmes and initiatives. The company may wish to develop collaborative strategies to decrease family dependence on the income from child labour and promote school attendance. The company may wish to develop educational training which may help counter societal attitudes that undermine children s rights, especially girls access to education. The company can assist in empowering those children out of school by providing training and developing skills. By displaying a robust policy in support of children s school attendance and providing workers with living wages, social attitudes may be positively influenced. The company way wish to provide child allowances that enable parents to send their children to school thus assisting to reduce families dependence on child labour. The company may also wish to invest in local schools or NGO programmes that seek to improve the development of children in the neighbourhoods surrounding business operations. Interaction with children, enabling them to participate and share their opinions and experiences, may assist in identifying the specific efforts needed to promote the best interests of the child. By investing in adolescents by providing education and training, companies can assist in the overall development of such workers and their families, which may assist in curbing the necessity of child labour. Maplecroft 2012 Country Risk Report by Maplecroft

50 Endnotes Endnotes 1 UNESCO, Regional Overview: East Asia and the Pacific. Available at: images/0018/001866/186631e.pdf [Accessed 5 June 2012]. 2 UN Committee on the Rights of the Child, UN Committee on the Rights of the Child: Concluding Observations, Thailand. Available at: [Accessed 27 April 2012]. 3 Committee on the Rights of the Child, Consideration of the reports submitted by States parties under article 44 of the Convention; Thailand. Available at: crcwg59.htm [Accessed 6 June 2012]. 4 General Assembly, Report of the Working Group on the Universal Periodic Review. Available at: Documents/HRBodies/HRCouncil/RegularSession/Session19/A- HRC-19-8_en.pdf [Accessed 24 May 2012]. 5 S. Jitsuchon and K. Richter. Thailand s Poverty Maps. Available at: [Accessed on 5 June 2012]. 6 S. Jitsuchon and K. Richter. Thailand s Poverty Maps. Available at: [Accessed on 5 June 2012]. 7 S. Jitsuchon and K. Richter. Thailand s Poverty Maps. Available at: [Accessed on 5 June 2012]. 8 S. Jitsuchon and K. Richter. Thailand s Poverty Maps. Available at: [Accessed on 5 June 2012]. 9 S. Jitsuchon and K. Richter. Thailand s Poverty Maps. Available at: [Accessed on 5 June 2012]. 10 UNICEF, 2012.The State of the World s Children: Children in an Urban World. Available at: [Accessed 5 June]. 11 UNICEF, 2012.The State of the World s Children: Children in an Urban World. Available at: [Accessed 5 June]. 12 UNICEF. Thailand country profile. Available at: thailand/overview.html [Accessed 5 June 2012]. 13 UNICEF, 2012.The State of the World s Children: Children in an Urban World. Available at: [Accessed 5 June]. 14 UNICEF. Thailand: Local capacity building. Available at: [Accessed 5 June 2012]. 15 HRW, Thailand: From the Tiger to the Crocodile. Abuse of Migrant Workers in Thailand. Available at: default/files/reports/thailand0210webwcover_0.pdf [Accessed 5 June 2012]. 16 Thai Freedom House, The Living Conditions of Burmese Refugees in Thailand. Available at: [Accessed 5 June 2012]. 17 UNICEF. Thailand: Child protection overview. Available at: unicef.org/thailand/protection.html [Accessed 5 June 2012]. 18 National Statistical Office, Thailand. Thailand Statistical Yearbook Available at: [Accessed 4 June 2012]. 19 National Statistical Office, Thailand. Thailand Statistical Yearbook Available at: [Accessed 4 June 2012]. 20 D. Archer et al., Seeing a disaster as an opportunity harnessing the energy of disaster survivors for change. Available at: abstract [Accessed 5 June 2012]. 21 UNICEF, 2012.The State of the World s Children: Children in an Urban World. Available at: [Accessed 5 June]. 22 Humantrafficking.org. Thailand: The situation. Available at: humantrafficking.org/countries/thailand [Accessed 5 June 2012]. 23 Humantrafficking.org. Thailand: The situation. Available at: humantrafficking.org/countries/thailand [Accessed 5 June 2012]. 24 Humantrafficking.org. Thailand: The situation. Available at: humantrafficking.org/countries/thailand [Accessed 5 June 2012]. 25 UNICEF. Thailand: Child protection overview. Available at: unicef.org/thailand/protection.html [Accessed 5 June 2012]. 26 UNICEF, UN Global Compact, Save the Children, March Children s Rights and Business Principles. Available at: unglobalcompact.org/issues/human_rights/childrens_principles.html [Accessed 2 April 2012]. 27 US Department of Labor, Findings on the worst forms of child labor. Available at [Accessed 6 June 2012]. 28 UNDP, Human Development Report. Available at: undp.org/en/media/hdr_2011_en_complete.pdf [Accessed 6 June 2012]. 29 US Department of State, Human Rights Report: Thailand. Available at: index.htm?dynamic_load_id= [Accessed 6 June 2012]. 30 US Department of Labor, Findings on the worst forms of child labor. Available at: [Accessed 6 June 2012]. 31 US Department of Labor, Findings on the worst forms of child labor. Available at [Accessed 6 June 2012]. 32 The Child Labour Coalition, Thailand profile. Available at: stopchildlabor.org/?cat=374 [Accessed 6 June 2012]. 33 US Department of State, Human Rights Report: Thailand. Available at: index.htm?dynamic_load_id= [Accessed 6 June 2012]. 48 Maplecroft 2012 Country Risk Report by Maplecroft

51 Endnotes 34 Prevention of HIV/AIDS among migrant workers in Thailand, Report on child labour in Thailand. Available at: download/pages%20from%20iloasiaissue05_03.pdf [Accessed 6 June 2012]. 35 US Department of Labor, Findings on the worst forms of child labor. Available at: [Accessed 6 June 2012]. 36 US Department of State, Trafficking in Persons Report: Thailand. Available at: docid/4e12ee4137.html [Accessed 6 June 2012]. 37 UN Special Rapporteur on Trafficking in Persons, Especially Women and Children, Joy Ngozi Ezeilo. Thailand must show clear leadership against it in the region and beyond. Available at: en/newsevents/pages/displaynews.aspx?newsid=11323&langid=e [Accessed 6 June 2012]. 38 US Department of Labor, Findings on the worst forms of child labor. Available at: [Accessed 6 June 2012]. 39 US Department of Labor, Findings on the worst forms of child labor. Available at: [Accessed 6 June 2012]. 40 US Department of State, Trafficking in Persons Report: Thailand. Available at: docid/4e12ee4137.html [Accessed 6 June 2012]. 41 US Department of State, Human Rights Report: Thailand. Available at: index.htm?dynamic_load_id= [Accessed 6 June 2012]. 42 UN CRC, Combined third and fourth periodic reports of States parties due in 2009, Thailand. Available at english/bodies/crc/crcwg59.htm [Accessed 06 June 2012]. 43 US Department of Labor, Findings on the worst forms of child labor. Available at: [Accessed 6 June 2012]. 44 US Department of Labor, Findings on the worst forms of child labor. Available at: [Accessed 6 June 2012]. 45 US Department of Trade, 2012, Country Reports on Human Rights Practices for Available at: humanrightsreport/index.htm?dynamic_load_id= [Accessed 6 June 2012]. 46 US Department of Labor, Findings on the worst forms of child labor. Available at: [Accessed 6 June 2012]. 47 US Department of Trade, 2012, Country Reports on Human Rights Practices for Available at: humanrightsreport/index.htm?dynamic_load_id= [Accessed 6 June 2012]. 48 International Labour Organisation I LO, 2007, Working Time Around the World, available at: dgreports/@dcomm/documents/publication/wcms_ pdf [Accessed on 8 June 2012] 49 International Labour Organisation I LO, 2007, Working Time Around the World, available at: dgreports/@dcomm/documents/publication/wcms_ pdf [Accessed on 8 June 2012] 50 International Trade Union Confederation (ITUC), 2012, Annual Survey of violations of trade union rights. Available at: org/ [Accessed on 8 June 2012]. 51 US Department of Labour, 2010, Findings on the worst forms of child labour. Available at: PDF/2010TDA.pdf [Accessed on 8 June]. 52 US Department of Labour, 2010, Findings on the worst forms of child labour. Available at: PDF/2010TDA.pdf [Accessed on 8 June]. 53 Solidarity Center Justice for All: The Struggle for Worker Rights in Thailand. Available at: pubs_thailand_wr_report.pdf [Accessed on 8 June 2012]. 54 Solidarity Center Justice for All: The Struggle for Worker Rights in Thailand. Available at: pubs_thailand_wr_report.pdf [Accessed on 8 June 2012]. 55 International Labour Organisation, 2011, Thailand Migration Report Migration for Development in Thailand: Overview and Tools for Policymakers. Available at: pdf [Accessed on 8 June 2012]. 56 Human Rights Watch, 2010, From the tiger to the Crocodile. Available at: low.pdf [Accessed on 8 June 2012]. 57 War on Want, 2012, Restricted Rights: migrant workers in Cambodia, Thailand and Malaysia. Available at: attachments/wow%20migration%20report%20low%20res.pdf [Accessed on 8 June 2012]. 58 ITUC, 2011, Internationally Recognised Core Labour Standards in Thailand, Available at: final.pdf [Accessed 8 July 2012]. 59 Asia Human Rights Commission, 2011, Thailand s policy on private insurance scheme for migrant has no legal binding effect and evidence systematic abuse and discrimination against migrant workers in Thailand. Available at: forwarded-news/ahrc-fst [Accessed on 9 January 2012]. 60 International Labour Organisation, 2011, Thailand Migration Report Migration for Development in Thailand: Overview and Tools for Policymakers. Available at: pdf [Accessed on 8 June 2012]. 61 International Trade Union Confederation, November 2011, Internationally Recognised Core Labour Standards in Thailand. Available at: [Accessed on 4 June 2012]. 62 US Department of State, Country Reports on Human Rights Practices for 2011: Thailand. Available at: hrrpt/humanrightsreport/index.htm#wrapper [Accessed 7 June 2012]. 63 International Trade Union Confederation, November 2011, Internationally Recognised Core Labour Standards in Thailand. Available at: [Accessed on 4 June 2012]. 64 US Department of State, Country Reports on Human Rights Practices for 2011: Thailand. Available at: hrrpt/humanrightsreport/index.htm#wrapper [Accessed 7 June 2012]. 65 International Organization for Migration, 2011, Thailand Migration Report Available at: pdf [Accessed on 6 June 2012]. Maplecroft 2012 Country Risk Report by Maplecroft

52 Endnotes 66 National Statistical Office Thailand, 2007, The 2007 Informal Employed Person Survey. Available at: lfs/imp/imp07.htm [Accessed on 5 June 2012]. 67 ILO, 2011, Occupational, Safety, Health and Environment Act [Unofficial Translation]. Available at: groups/public/---ed_protect/---protrav/---ilo_aids/documents/ legaldocument/wcms_ pdf [Accessed on 4 June 2012]. 68 SOMO, February 2010, Rough Cut: Sustainability Issues in the Coloured Gemstone Industry. Available at: [Accessed on 6 June 2012]. 69 US Department of Labor, 2011, 2010 Findings on the Worst Forms of Child Labor. Available at: PDF/2010TDA.pdf [Accessed on 4 June 2012]. 70 US Department of State, Country Reports on Human Rights Practices for 2011: Thailand. Available at: hrrpt/humanrightsreport/index.htm#wrapper [Accessed 7 June 2012]. 71 US Department of State, 2011, Country Reports on Human Rights Practices for 2011: Thailand. Available at: hrrpt/humanrightsreport/index.htm#wrapper [Accessed on 4 June 2012]. 72 Vatanasapt Vanchai et al., 2001, Cancer Control in Thailand. Japanese Journal of Clinical Oncology. Volume32, Issue 1, Pages Available at: S82.full [Accessed on 4 June 2012]. 73 United Nations Development Programme, Undated, MDG Five in Thailand. Available at: mdgfivethailand.html [Accessed on 5 June 2012]. 74 UNICEF, 2011, Situation Analysis of Children and Women in Thailand Available at: Final_row_res_ pdf [Accessed on 5 June 2012]. 75 UNICEF Thailand, Undated, HIV/Aids. Available at: org/thailand/hiv_aids_317.html [Accessed on 5 June 2012]. 76 International Organization for Migration, 2011, Thailand Migration Report Available at: pdf [Accessed on 6 June 2012]. 77 UNICEF Thailand, Undated, HIV/Aids. Available at: org/thailand/hiv_aids_317.html [Accessed on 5 June 2012]. 78 UNICEF Thailand, Undated, HIV/Aids: Children Affected by HIV/ Aids. Available at: [Accessed on 5 June 2012] 79 UNAIDS, 2012, Thailand AIDS Response Progress Report Available at: monitoringcountryprogress/progressreports/2012countries/ce_th_ Narrative_Report[1].pdf [Accessed on 5 June 2012]. 80 UNAIDS, May 2012, Thailand and neighbouring countries get together to help provide HIV treatment for thousands of migrants in need. Available at: featurestories/2012/may/ seamigrants/ [Accessed on 6 June 2012]. 81 World Health Organization, March 2009, TB in South-East Asia Thailand. Available at: Section2097/Section2100_14803.htm [Accessed on 5 June 2012]. 82 World Health Organization, 2011, WHO Country Cooperation Strategy: Thailand Available at: healthrepository.org/bitstream/ /1125/1/ccs%20 Thailand% pdf [Accessed on 5 June 2012]. 83 US Department of State, 2011, Trafficking in Persons Report 2011: Thailand. Available at: htm [Accessed on 5 June 2012]: John Hopkins University, 2007, International Child Sex Tourism. Scope of the Problem and comparative Case Studies. Available at: images/13/166.pdf [Accessed on 5 June 2012]. 84 World Health Organization, 2009, Training for the Health Sector: Occupational Risks and Children s Health. Available at: who.int/ceh/capacity/occupational.pdf [Accessed 5 June 2012]. 85 UNICEF, UN Global Compact, Save the Children, March Children s Rights and Business Principles. Available at: unglobalcompact.org/issues/human_rights/childrens_principles.html [Accessed 5 June 2012]. 86 German-Thai Chamber of Commerce. Thailand; Educational System. Available at: [Accessed 6 June 2012]. 87 German-Thai Chamber of Commerce. Thailand; Educational System. Available at: [Accessed 6 June 2012]. 88 UNICEF, 2012.The State of the World s Children: Children in an Urban World. Available at: [Accessed 5 June]. 89 UNICEF, 2012.The State of the World s Children: Children in an Urban World. Available at: [Accessed 5 June]. 90 UNICEF, 2012.The State of the World s Children: Children in an Urban World. Available at: [Accessed 5 June]. 91 UNICEF. Thailand: Children not in school. Available at: unicef.org/thailand/education_14936.html [Accessed 6 June 2012]. 92 UNICEF. Thailand: Education Overview. Available at: unicef.org/thailand/education_303.html [Accessed 6 June 2012]. 93 UNICEF. Thailand: Education: Quality of education. Available at: [Accessed 6 June]. 94 UNESCO, World Data on Education, Thailand. Available at: WDE/2010/pdf-versions/Thailand.pdf [Accessed 6 June 2012]. 95 Committee on the Rights of the Child, Combined third and fourth periodic reports of States parties due in 2009; Thailand. Available at: [Accessed 6 June 2012]. 96 ILO, Evaluation Summaries: Support for national action to combat child labour and its worst forms in Thailand. Available at publication/wcms_ pdf [Accessed 06 June 2012]. 97 UNESCO, Global Monitoring Report. The Hidden Crisis: Armed Conflict and Education. Available at: images/0019/001907/190743e.pdf [Accessed 6 June 2012]. 50 Maplecroft 2012 Country Risk Report by Maplecroft

53 Endnotes 98 UNESCO, Global Monitoring Report. Reaching the Marginalised. Available at: images/0018/001866/186606e.pdf [Accessed 6 June 2012]. 99 UNESCO, Global Monitoring Report. Reaching the Marginalised. Available at: images/0018/001866/186606e.pdf [Accessed 6 June 2012]. 100 UNESCO, Global Monitoring Report. Reaching the Marginalised. Available at: images/0018/001866/186606e.pdf [Accessed 6 June 2012]. 101 UNICEF CSR, Children are everyone s business. Thailand: Salt Iodization. Available at: Everyone_s_Business_Thailand.pdf [Accessed 8 June 2012]. 102 HRC, Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework. Available at: Business/A-HRC-17-31_AEV.pdf [Accessed on 17 April 2012]. All company recommendations are based on this framework s guidance and terminology. 103 ILO-IOE, Eliminating Child Labour: Guides for Employers. Available at: whatwedo/projects/cl/guides.htm [Accessed 1 April 2012]. 104 ILO-IPEC, Resource Kit on Child Labour Monitoring. Available at: Trainingmaterials/lang--en/index.htm [Accessed 1 April 2012]. 105 ILO-IPEC, Combating Child Labour: A handbook for labour inspectors. Available at: WCMS_110148/lang--en/index.htm [Accessed 1 April 2012]. 106 ILO, Guidelines for Developing Child Labour Monitoring. Available at: do;?productid=1500 [Accessed 24 May 2012]. 107 International Organization for Standardization, International Standards for Business, Government and Society. ISO Available at: leadership_standards/social_responsibility/sr_iso26000_overview.htm [Accessed 24 May 2012]. 108 Social Accountability International. SA Available at: [Accessed 8 June 2012]. 109 UNICEF, CSR Pilot Workbook. Available at: [Accessed 8 June 2012]. Notes Maplecroft 2012 Country Risk Report by Maplecroft

54 Appendix Infrastructure Map 12: Infrastructure maplecroft o Chiang Tai International MYANMAR LAOS o Chiang Mai Udon Thani S o u t h C h i n a S e a Mae Sot o o Tak o Phitsanulok Khon Kaen Mukdahan Nakhon Sawan Nakhon Ratchasima Saraburi Buri Ram o Ubon Ratchathani A n d a m a n S e a Ratchaburi o Bangkok n n n n Pattaya Prachuap Khiri Khan Sa Kaeo Trat CAMBODIA VIET NAM Chumphon G u l f o f T h a i l a n d!\ National capital \ Other major cities and towns Administrative boundary o Airport n Major port Urban area Primary road Secondary road o Phuket Surat Thani o Nakhon Si Thammarat n o Songkhla o Narathiwat Railway Data sources: Maplecroft, 2012; VMAP0 (NIMA), 2000; RWDBII (CIA), 1995; OpenStreetMap contributors, CC-BY-SA, 2011 MALAYSIA km Maplecroft, Maplecroft 2012 Country Risk Report by Maplecroft