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
Thai Anti – Human Trafficking 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
Thai Anti – Human Trafficking Act
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.
Thai Anti – Human Trafficking Act
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)
Thai Anti – Human Trafficking Act
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.
•
Thai Anti – Human Trafficking Act
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
Thai Anti – Human Trafficking Act
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.
Thai Anti – Human Trafficking Act
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.
Thai Anti – Human Trafficking Act
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.
Thai Anti – Human Trafficking Act
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.