human trafficking in thailand: solutions to the problem · situation of trafficking in thailand the...

Human Trafficking in Thailand:

solutions to the problem

Wanchai Roujanavong

Director-General

International Affairs Department

Office of the Attorney General

Types of trafficking in Thailand

Trafficking for:

Forced prostitution

Forced labour

Forced Begging

No report on removal of organs

Situation of trafficking in Thailand

The majority of trafficking in persons not only in

Thailand but all over the world (approximately

95%) are operated or controlled by organized

criminal groups in accordance with the definition

set forth in the UNTOC. (most of them are small

and loosely organized criminal groups).

Silence of the poor victims

Victims and Witnesses:

• are often intimidated or revenged if they cooperate with authority;

• are afraid of being punished for illegal entry, prostitution or being deported;

• sometime lose a lot of money to traffickers or smugglers;

• have no confidence in the authority;

• are afraid of being exposed and hurt by the media and criminal justice process.

Situation of trafficking in Thailand

Thailand has three statuses:

1. Source country - to Europe, USA, Japan,

Australia, Malaysia, Singapore, etc.;

2. Destination country - from Myanmar, Laos,

Cambodia, Eastern Europe;

3. Transit country - mostly from Southern China to

Europe and USA.

The new Anti–Human Trafficking Act

In June 2008 Thailand enacted a new Act to fight

against human trafficking.

The Act on Prevention and suppression of Human

Trafficking of 2551

Thai Anti – Human Trafficking Act

was drafted in accordance with:

• The Prevention and Suppression of Women and

Children Act 1997

• UNTOC

• UNTOC’s Protocol on Prevention and Suppression

of Trafficking in Human, Especially Women and

Children

• CRC

• CRC’s Protocol on the Sale of Children

• ILO Convention on the Worst Forms of Child

Labour

Other supporting laws

• Penal Code

• Criminal Procedure Code (provides victim friendly

procedure)

• Child Protection Act

• New Prostitution Act

• Money Laundering Act

• Witness Protection Act

• Extradition Act

• International Cooperation in Criminal Matters Act

• Labor Protection Act

• Draft Anti Organized Crime Act


was enacted in June 2008

• Contains substantive and procedural law relating to

human trafficking

• Provides offences of human trafficking and other

definitions of related crimes; i.e. exploitation, forced

labor or service, and organized criminal group.

(Offences of human trafficking are created based

on the definition in the Human Trafficking Protocol)

• Focuses on protection of and giving assistance to

victims while subscribing severe penalties for

traffickers and those who take part in trafficking

• Provides for measures to fight trafficking in several

forms


Substantive law

OFFENCES

The offense of trafficking of adults requires that

three elements be made out:

1. The action of procuring, buying, selling, vending,

bringing from or sending to, detaining or

confining, harboring, or receiving any person

2. By means of the threat or use of force,

abduction, fraud, deception, abuse of power, or

of the giving money or benefits to achieve the

consent of a person having control over another

person in allowing the offender to exploit the

person under his control

3. For the purpose of exploitation.


Substantive law

OFFENCES

The offense of trafficking in children only requires two

elements:

1. The act of procuring, buying, selling, vending,

bringing from or sending to, detaining or confining,

harboring, or receiving any person

2. For the purpose of exploitation.

(Means are unnecessary)


Substantive law

OFFENCES

• The Act also makes it an offence to:

– prepare to commit an offence of TIP;

– conspire in order to commit an offence of TIP;

– commit an offence of TIP outside the territory of

the Kingdom.

•


Substantive law

• All offences under the Act are predicate offences

under the Anti-Money Laundering Act. This makes

it possible to confiscate proceeds of crime from TIP

• it is an offences to demand, accept or agree to

accept a property or any other benefit in order to

help the offender of TIP


Substantive law

• Reflect the offences created under the UN Anti-

Trafficking Protocol and UNTOC

• Establish severe punishment for traffickers and

those who take part in or receive benefit from

trafficking-related crime;

• Decriminalize the act of illegal entry, prostitution

and using forged document in the case of victims

of trafficking.


Substantive law

PENALTIES

• The penalties for trafficking-related crime

prescribed under the Act include:

– 10 years imprisonment for trafficking of adults

– 15 years imprisonment for trafficking of children.


Substantive law

IMMUNITIES (Article 41)

Police is prohibited from charging trafficked victims

on:

• Specific offences under immigration law (such

as illegal entry)

• the offence of having in possession of or using

forged travel document

• the offence of prostitution and related offences;

• the offence of being an alien working without

permission.


Procedural law

MECHANISM

Two Government committees are responsible for overseeing the

implementation of Thailand’s anti-trafficking strategy:

1. National Trafficking in Persons Prevention and Suppression

Committee

– Responsible for policy matters

– Chaired by the Prime Minister

2. National Coordinating and Monitoring of Anti-Trafficking in

Persons Performance Committee

– Responsible for implementation matters

– Chaired by the Deputy Prime Minister

The two Committees include agencies from the Government and

relevant NGOs.

Victim Support under the Act

MSDHS shall provide appropriate assistance

including food, shelter, medical treatment, physical

and mental rehabilitation, education, training, legal

aid, the return to the country of origin.

The Act also contains a provision that allows victims

of trafficking to seek criminal and civil compensation

including for unpaid wages).

Reintegration and Cooperation of Work

in Fighting Human Trafficking

• Police, Prosecutor, Ministry of Justice, Ministry of

Social Welfare and Human Security, Judiciary,

Ministry of Foreign Affairs, Ministry of Labour,

Ministry of Education, Ministry of Public Health,

NGOs, IGOs, Medias, Communities, Political

parties, Members of Parliament, Senators etc.

Government Roles

• Government put trafficking problem into its top

agenda and top priority;

• Push all government sectors to give importance in

fighting trafficking;

• Provide budget and funding;

• Support law amendments;

• Punish corrupted officials

What had been done

• Raising awareness of the public, Government,

government officials, judiciary, police, public

prosecutors, medias, communities members of

Parliament etc.;

• Giving out information and facts about trafficking to

all parties and the public

• Establish international cooperation

What had been done

• MOUs on trafficking between Thailand and Laos,

Cambodia, Myanmar and Vietnam (in the process

of negotiating an MOU with Malaysia)

• Multilateral MOU among 6 countries in Mekong

Sub-Region :- Thailand, Myanmar, Loa, Cambodia,

Vietnam and China

• Strengthen family and communities with social

welfare, education, occupation and income

Complication of Transnational Human Trafficking

• Trafficking is a complicate, high profit and low risk crime

• It is very difficult to convict a human trafficker due to

difficulty in getting witness cooperation because of

psychological trauma of the victims

• To convict a drug trafficker is ten times easier than

convicting a human trafficker

• Most of human traffickers are considered members of

organized crime in accordance with the UNTOC

Complication of Transnational Human Trafficking

• It is very difficult to get information and evidence in

transnational TIP

• To have a successful case, sharing of information

between relevant countries, MLA and extradition

are the keys to success in convicting a trafficker

• The next step is co-investigation team

• The use of money laundering law to seize and

confiscate the proceeds of human trafficking

Seminar workshop is the key

• It is important to raise awareness and give

information and knowledge on human trafficking to

the judiciary, prosecutor, police and MLO, so that

they can effectively implement the Anti-Human

Trafficking Act. It is the most effective way to get

criminal justice administration on board to help fight

trafficking, and it is a very cost-effective and

sustainable use of fund in prevention and

suppression of human trafficking.

Keys to Success in Fighting Human Trafficking

• Three important elements to fight trafficking:

• 1. The problem must be deal with in the context of organized crime, both domestic and transnational

• 2. Full and unconditional protection, assistance and support, including promise for safe repatriation and reintegration must be provided for the victims of trafficking to persuade them to be on our side for information, statement and testimony

• 3 For transnational human trafficking, effective and rapid international cooperation is very essential and must be established worldwide.

Thank you

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