วันที่นำเข้าข้อมูล 1 Dec 2015
วันที่ปรับปรุงข้อมูล 20 Nov 2022
Following a number of news reports in the media outlets concerning the alleged labour abuse and exploitative practices in several poultry processing factories in Thailand, it must be noted that the report omits significant progress made by the Royal Thai Government in addressing and tacking the issues of migration and labour exploitation.
The Ministry of Foreign Affairs reaffirms that Thailand values the potential contribution of migrants to economic development of our country and attaches great importance to the management of overseas employment as well as the basic rights of migrant workers. Meanwhile, we are fully aware that these migrant workers are vulnerable to exploitation and human trafficking. Thus, the Royal Thai Government is strongly committed to tackling these problems through rights- based and transparent policies. The utmost aim is not only to put an end to labour exploitation and human trafficking, but also to ensure migrant workers of their rights, decent working environment, work safety, social protection and welfare.
Thailand’s strategy to combat labour exploitation and human trafficking is structured around the 5P’s framework, namely Policy, Prosecution, Protection, Prevention and Partnership:
On policy implementation, the Royal Thai Government has translated “Zero tolerance” policy directive to real changes, with emphasis on better legislative frameworks, eliminating legal loopholes, and greater coordination among concerned agencies. Significantly, Amendments to Anti-Human Trafficking Act 2015 empowered authorities to immediately shut down work places or suspend operating licenses of factories where evidences of trafficking are found. Punishment terms have been appropriately increased to 8-20 years imprisonment and up to 400,000 baht fines. In addition, the Office of the Prime Minister has issued a Notification which will take effect on 19 December 2015 to prescribe additional measures to prevent and combat human trafficking. These include, for instance, the requirement that owners or operators of factory, entertainment facility, hotel, and vessels must monitor and oversee that their employees are not subject to forced labour or abuses equivalent to human trafficking, or the requirement to organize training on rights of trafficked victims for employees. Particular emphasis has also been given to tackling labour exploitation and human trafficking in the fishing industry. The recently amended Fisheries Act B.E. 2558 (2015) provides for enhanced monitoring, control and surveillance of all commercial fishing vessels, and prohibits employment of illegal workers in seafood-processing factory, attaching severe punishment of up to 800,000 baht fines for each illegal worker employed or closure of the factory that violates the law.
On prosecution, the government focuses on strong law enforcement and increasing efficiency in the criminal justice system. As of October 2015, a total number of 212 human trafficking cases are being investigated, with 450 suspects having been arrested and charged, and 702 trafficking victims having been identified. A Special Human Trafficking Unit within the Criminal Court has been set up and since then 16 cases have been submitted, with 4 judgments rendered in less than 4 months. In addition, the Prime Minister has appointed an ad hoc committee to address current challenges in judicial proceedings with regard to human trafficking. The committee comprises senior judges, prosecutors, police officers, Permanent Secretaries of relevant ministries, the Office of the National Anti-Corruption Commission as well as the Director General of Department of Fisheries and DSI. More importantly, the Regulation of the Office of the Prime Minister on Measures to Prevent Public Officials’ Involvement in Human Trafficking (2015) also ensures that involvement and ignorance by public officials to labour abuses and trafficking will not be tolerated. As a result, actions taken against government officials involved in human trafficking has significantly increased. In total, there are 25 officials under investigation, including 5 military officers, 5 police officers and 7 local politicians, among others.
On protection, Thailand strongly adheres to Labour Relations Act of 1975 and the Labour Protection Act of 1998 which provide that all migrant workers are entitled to equal protection. Of important note is the Government’s focus on accessibility to effective complaint mechanism. The 1300 hotline has continued to provide 24 hours services with interpreters in 7 languages, with over 100 new interpreters being trained to ensure adequate assistance. The Government has also strengthened its capacity for labour inspection and developing a capacity building programs for migrant workers in cooperation with the International Labour Organization (ILO). In addition, victim identification process has been improved through the use of better interview questionnaire and clearer guidelines for implementation. The Action Plan to Address Human Trafficking in Women and Children has also been set up to systemize screening for potential victims at borders and monitoring of establishments involved in human trafficking.
On prevention, the Government has attached great emphasis on reducing vulnerability to labour trafficking by encouraging employment of migrant workers through MOUs with Laos, Myanmar and Cambodia; whilst improving migrant workers’ rights and legal status through systematic registration. During the permissible registration period from June - October 2014, over 1.6 million migrant workers and their dependents from Myanmar, Laos, and Cambodia have been legally registered, allowing them to enjoy legal protection as well as social and healthcare benefits akin to domestic workers. Labour inspection has also played a key role in implementing labour migration policies to minimize the risk of trafficking. To date, 772 at-risk establishments with over 64,000 employees have been inspected along with 1,800 fishing vessels with over 22,000 employees.
Lastly, on partnership, Thailand has enhanced its cooperation with all stakeholders including our neighboring countries, international organizations such as ILO and IOM, NGOs and private sectors to promote better working conditions for migrants. Internally, all relevant public agencies have signed MOUs to enhance efficiency on trafficking in person cases, to enhance officer’s capability in victim identification process, and to promote awareness and knowledge in high-risk provinces. Internationally, Thailand continues to work closely together with all stakeholders, both on a bilateral level such as MOUs on Anti-Trafficking in Person with Myanmar, Laos, Cambodia, and Malaysia, and within multilateral frameworks such as the ASEAN Convention on Trafficking in Persons and the Bali Process, which Thailand is looking to host in February 2016.
Thailand remains fully committed to solving the issues of migration and the common challenges that come with it. We will continue to support the notion of shared responsibility and focus on law enforcement to ensure that labour rights are protected and equal access and transparency guaranteed for all workers.
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