Thailand s Progress and Development on Anti- Human Trafficking in 2014-2015
Thailand Progress and Development in 2014-2015 Policy and Mechanisms Prevention Prosecution Protection International Cooperation Labour Trafficking on Fishing Vessels
Policy and Mechanisms:
National Agenda/Priority The Government has seriously been tacking with the problem of trafficking in persons since this matter is about the fundamentals of having a conscience, a sense of justice, and morality. If Thailand is to be viewed a society with compassion and progress, then human trafficking should not be happening in this country. - Prime Minister on 3 April 2015 in a meeting to reaffirm anti-human trafficking as national agenda
The Amendment of Several Laws and Regulations Amendments Key Provisions Current Status Amendment to the Anti-Human Trafficking Act B.E. 2551 (2008) Provide legal immunity for authorities and informants Empower authorities to shut down or suspend operating licenses of factories/venues used to assist trafficking Increase penalties Adopted by the NLA on 26 March 2015 Awaits to be signed by His Majesty and published in the Royal Gazette
The Amendment of Several Laws and Regulations Amendments Key Provisions Current Status Amendment to the Fisheries Act B.E. 2490 (1947) Enable the relevant authority to enact sub-ordinate legislation including regulations on port in-port out control and VMS installation, which will put in place a complete control system of labour movement at sea Adopted by the NLA on 9 Jan 2015 Expected to be published in the Royal Gazette by June 2015
Amendment Key Provisions Current Status The Revision of the Ministerial Regulation to Protect Labour in the Sea Fishing (2014) The Amendment of Several Laws and Regulations Prohibits employing anyone under 18 Protects all workers on all types of fishing vessel Provides minimum rest time of 10 hours per day and not less than 77 hours per week Requires a record of employment and documents concerning payment of wages and holiday pay Requires a clear and written contract in Thai and workers local language Requires employees to report to labour inspector once a year Ensures adequate welfare such as clean drinking water and sanitation - entered into force on 30 Dec 2014
The Amendment of Several Laws and Regulations Amendments Key Provisions Current Status The Amendment of the Regulation of the Ministry of Labour to Protect Agricultural Workers, B.E. 2547 (2004) Prohibits an employment of an employee under the age of 15 entered into force on 22 Dec 2014
The Amendment of Several Laws and Regulations Amendments Key Provisions Current Status Amendment to the Criminal Code Criminalize the possession of child pornography, which includes possession with the intent to distribute, display to public, import/export, etc. Passed the first reading and due for second and final reading
The Amendment of Several Laws and Regulations Amendments Key Provisions Current Status The NLA passed the Act to Protect Babies Born Through Assisted Reproductive Technologies (the Anti Surrogacy Act), B.E. 2558 (2015) Prohibits and criminalizes the act of commercial surrogacy. Anyone involved in commercial surrogacy will face a maximum jail term of 10 years and a maximum fine of 200,000 baht (6,100 USD). Requires a surrogate to be a blood relative. A couple is allowed to seek a surrogate only if they are able to prove that they are infertile. will be in force in 90 days from 19 February 2015
The Increase of TIP Budget The Government s budget on combating human trafficking has been increased from 210.77 million Baht (about 6.5 million USD) in the budget year 2014 to 496.82 million baht (about 15.53 million USD) in the budget year 2015. TIP Fund 5.6 million baht (about 0.2 million USD) from the TIP Fund had supported 17 projects and activities, carried out by the private sector and NGOs to combat human trafficking. In the budget year 2015, the Fund stands at 62.5 million baht (or about 1.95 million USD).
Database of Legal Proceedings A human trafficking database of legal proceedings against offenders and victims of human trafficking has now been put in place. The data base has inputs from and used for RTP, DSI, OAG, and MSDHS. MOU was signed on 9 April 2015.
Prevention:
1,626,235 formerly undocumented migrant workers have registered in 87 dedicated One Stop Service Centres as of 31 October 2014. 71,132 migrants working in the sea fishing sector have registered themselves.
46,722 fishing vessels have been registered in total. They must comply with several reporting and licensing requirements. 612 fishing vessels were inspected and 117 vessels were found to be in violation of navigation laws. 82 sex tourists were blacklisted, 98 were denied entry, and 12 foreigners had their permission to stay in the Kingdom revoked due to their involvement with sexual exploitations
Prosecution:
Overview of Prosecution in 2014 280 cases investigated, 115 Cases filed by Prosecutors, 118 verdicts by the Courts In Sea Fishing Sector, 11 cases of human trafficking and 14 defendants arrested including 7 labour brokers and 1 ship captain
Overview of Prosecution in 2014 5 cases of human trafficking concerning Rohingya victims, at least 20 traffickers arrested and at least 326 Rohingyas rescued
Overview of Prosecution in 2014 107 cases of human trafficking in which offenders are being investigated for possible charges under the Anti-Money Laundering Act 19 corrupt official prosecuted including 15 police officers, 1 officer from the Royal Thai Navy, 2 executives at Local Administrative Organizations and 1 social workers
Key Updates 280 374 Cases of Human Trafficking Defendants JANUARY FEBRUARY 2015 18 Cases of Human Trafficking 21 Defendants
Key Updates Cases of Human Trafficking 280 3 Networks of trafficking for forced labour 2 Networks of trafficking for prostitution 1 Networks of smuggling/ trafficking of Rohingya
2014 Statistics* *including cases from previous years Investigation (Cases) Prosecution (Cases)* Conviction (Cases)* 280 Investigated 374 Defendants 115 Public Prosecutors filed charges 155 Defendants prosecuted 118 Verdicts 104 Defendants convicted
2014 Cases Investigation (Cases) Prosecution (Cases) Conviction (Cases) 280 205 155 47 Investigated Submitted to Public Prosecutors 2 73 With non-prosecution opinions Pending investigation Public Prosecutors filed charges 5 Public Prosecutor dropped charges 47 Pending investigation Verdicts 108 Pending
Key Updates Investigation Prosecution Conviction Work Plan to Combat Human Trafficking focusing on Prosecution and Law Enforcement New officers must seek guidance from the AHTD of the RTP Specialized trainings for all officers taking up posts related to anti-tip efforts OAG prescribed measures to accelerate the prosecution of human trafficking cases A Special Investigation Unit was set up to increase efficiency Prosecutors must monitor all criminal cases to identify human trafficking cases and expedite the filing of indictments as quickly as possible 19 Dec 2014 Recommendations by President of the Supreme Court Special cases that must be completed w/n 6 mths Clear rules on temporary release on bail, translators, questioning of witnesses
Measures to improve law enforcement (1) Application of related laws such as anti-money laundering or anti-tax evasion laws (2) More stringent consideration for temporary release on bail (3) Modernization of laws to improve human right protection (4) Better access to policy information and complaint-receiving mechanisms (eg. Damrongdhamma Centers) (5) Deterrent effects from strong and sustained law enforcement (6) Increase integration, coordination, and cohesiveness among agencies (7) Legal actions and disciplinary punishment against government officials. In 2014, at least 19 public officials/employees were penalized
Measures to improve law enforcement (8) Increased exercise of authority by provincial governors to close down or suspend the license of workplaces found to be involved in human trafficking and forced labour (9) More intensive preventive measures (10) Issuance of standard procedures for inspections and interviews for immigration officers (11) Strengthened cooperation with other countries (12) Increased penalty for human traffickers (13) Establishment of the Center for the Protection of Children, Women, Family and Anti-Human Trafficking (14) Strengthened coordination in the judicial process
Protection:
Victim Identification Process Victim Identification Process 11 Multi-disciplinary team Thai/local NGOs (eg. LPN ) International NGOs/ organizations Jesuit Foundation Prison Ministry (JFPM), the Office of Immigration Doctors, United Nations High Commissioner for Refugees (UNHCR), International Organization for Migration (IOM), Marryknoll Thailand (MT), Catholic Office for Emergency Relief and Refugees (COERR), Grace Baptist Visiting Group (CVG), Alliance Anti-Trafic (ATT), Foundation for Women (FFW), Living Water Center (LWC), and Evangelical Church of Bangkok
595 victims of human trafficking were identified by trained, multi-disciplinary teams. 303 trafficking victims were placed in shelters (236 foreigners and 67 Thais). Job opportunity services and vocational training have been provided to victims of human trafficking in the shelters. Out of 236 foreign victims, 57 (42 men, 15 women) have chosen to work outside the shelters. 24-hour Hotlines have been made available ( Dial 1300 ) under supervision of MSDHS, with interpreters in 5 languages (Burmese, Chinese, English, Khmer, Vietnamese)
Well-trained interpreters in six main languages (English, Myanmar, Laotian, Cambodian, Chinese and Vietnamese) as well as legal aid services have been made available for all victims. All expenses for repatriation of 397 victims to their respective country of origin were covered by TIP Fund.
463 victims received financial aid equivalent to 3,748,031.57 baht (117,125 USD) from the TIP Fund. 57 victims (14 Thais, 43 foreign victims) in civil cases received compensation of about 8,613,340 baht (269,166 USD). 53 victims in criminal cases received compensation of about 1,590,000 baht (49,687 USD) in accordance to TIP Act and CPC.
International Cooperation:
MoU between Thailand and Cambodia on Bilateral Cooperation for Eliminating Trafficking in Persons and Protecting Victims of Trafficking has been signed in October 2014.
Key Updates
Australia and Thailand commence collaboration on the Australia - Asia program to combat trafficking in persons The Australia Asia Program to Combat Trafficking in Persons (AAPTIP) will be working over the next 4 years with ASEAN member states to reduce the incentives and opportunities for the trafficking of person in the region. AAPTIP seeks to influence change in the following four areas by the end of the program (2018) 1. Law enforcement agencies improve the effective and ethical investigation of trafficking in persons (TIP), and related offences. 2. Prosecutors improve the effective and ethical prosecution of TIP cases. 3. Judges and court officials improve the fair and timely adjudication of TIP cases. 4. Regional bodies enhance regional cooperation and leadership on the criminal justice response to trafficking in persons in the ASEAN region. - Cambodia Laos Myanmar Vietnam Indonesia Thailand Phillipines
Bali Process The Bali Process Regional Ministerial Conference agreed to establish a working group to focus on trafficking in persons issues and to develop policy guide to assist members to criminalise people smuggling and human trafficking
There is also an ongoing process to revise the MoU between Thailand and Lao PDR on Cooperation to Combat Trafficking in Persons, Especially Women and Children (2005). MoU between Thailand and Brunei on human trafficking has been discussed and is in the process of being drafted.
Vietnam and Thailand are in close consultation on the registration of Vietnamese workers in Thailand and collaboration for an MoU on labour migration from Vietnam. The Thai and Vietnamese Ministries of Justice have signed a MoU for cooperation in legal and judicial affairs on 23 March 2015.
MoU in combating human trafficking cooperation between the DSI and the UNODC OSEAP has been signed on 25 August 2014
Labour Trafficking on Fishing Vessels:
Key Updates 7 Key Measures to Address Labor Trafficking in the Fishing Industry (1) Registration of Vessels (2) Intensified Inspections (3) Establishment of VMS Operation Centers (4) Subordinate Legislation on VMS installation (5) Establishment of Port in-port out Control Centers (6) Patrol and Inspection at sea (7) Registration of Migrant Fishery Workers
A cooperation between the Ministry of Labour and ILO to produce a book of good practice guidelines and risk evaluation checklists for labour inspection in the sea fishery sector. These guidelines are based on international labour standards, and anchored in Thai law. The cabinet approved the ratification of the Maritime Labour Convention 2006
THAI TASKFORCE IN AMBON AND BENJINA ISLANDS In October 2014, the government seek coordination in helping the stranded Thai fishermen in Indonesia and have helped them back homes.
On 27 March 15, the Thai Taskforce, consisting of 13 members, composes of the MSDHS, RTP, DSI, MOL, MOJ and the consular, MoF, travelled to Indonesia in an effort to help Thai fishermen who have been stranded in Indonesia. Their missions include screening and rehabilitating those who are considered victims of TIP. The Thai Task Force received the good cooperation from Indonesia authorities.
On 9 April 2015, with the assistance of Royal Thai Airforce, the Thai task force brought 68 Thai labours in Ambon and Benjina Islands back to Thailand - Those labours have been going through the victim identification process.
Ambon Case Proceeding Both DSI and RTP are responsible for investigating the cases. Consequently, DSI issued arrest warrant for 4 alleged traffickers (a broker, a fishing vessel owner, the fishing vessel captain and crew). The case file has already been submitted to OAG for prosecution. The arrest warrant on more suspects on the other cases will be issued soon.
Question?
Thank you DSI RTP OAG MSDHS