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DE RUEHBK #5011/01 2620919
ZNR UUUUU ZZH
P 190919Z SEP 07
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC PRIORITY 9698
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHGO/AMEMBASSY RANGOON PRIORITY 4381
RUEHCHI/AMCONSUL CHIANG MAI PRIORITY 4117

UNCLAS SECTION 01 OF 03 BANGKOK 005011 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KWMN PGOV PHUM CVIS TH
SUBJECT: EMBASSY URGES GREATER RTG EFFORT ON LABOR 
TRAFFICKING 
 
REF: STATE 124824 (NOTAL) 
 
BANGKOK 00005011  001.2 OF 003 
 
 
¶1. (SBU) Summary:  DCM and Emboffs voiced strong concern at 
the lack of progress on labor trafficking cases in Thailand 
in delivering reftel demarche to MFA DG for the Americas, 
Nongnuth Phetcharatana.  DCM advised MFA that Thailand's 
record on labor trafficking threatens to overshadow continued 
progress in other areas of TIP, and that an adverse change in 
Thailand's 2008 TIP report tier ranking might result. 
Serious labor trafficking cases should be addressed with 
criminal rather than administrative penalties.  As an 
example, the DCM cited the Ranya Paew shrimp factory, which 
remains open over a year after a police raid uncovered 800 
Burmese migrants confined on the premises.  Nongnuth replied 
that the RTG would intensify interagency cooperation, saying 
that the police and Ministry of Labor needed to be more 
involved.  The MFA is urging the Thai legislature to pass a 
comprehensive anti-TIP law this year to criminalize 
trafficking of male workers.  Nongnuth suggested that she 
meet with Ambassador Lagon in Washington in early October to 
discuss further anti-trafficking cooperation with USG 
agencies, an idea the Embassy supports.  End Summary. 
 
¶2. (SBU) DCM, accompanied by Econ Counselor and Laboff, 
delivered reftel demarche points on September 17 to MFA 
Director General for the Americas Division, Nongnuth 
Phetcharatana.  The DCM said he was interested in starting an 
early and senior-level dialogue to address RTG and USG 
anti-trafficking efforts well in advance of the 2008 TIP 
report drafting cycle.  He said forced labor, especially 
among migrant workers, would again be a major focus of the 
TIP report.  The USG is itself seeking to combat labor TIP by 
encouraging prosecutions and, where necessary, prison 
sentences for those who employ workers under forced labor 
conditions in the United States. 
 
¶3. (SBU) The DCM noted Thailand's significant progress in 
raising awareness and providing protection to victims with 
regard to trafficking for sexual exploitation.  It would be 
regrettable, however, if continued instances of labor 
trafficking overshadow the laudable progress that the RTG has 
made in other areas.  Although the annual TIP report strives 
to objectively review each government's anti-TIP efforts in 
their entirety, credible reports of labor trafficking in 
Thailand may adversely impact Thailand's tier rating in the 
2008 report.  The DCM asked Nongnuth whether the RTG has made 
progress in criminally prosecuting labor traffickers, rather 
than imposing statutory fines or civil penalties, and asked 
specifically for an update of the Ranya Paew shrimp factory 
case, which has been languishing for a year since the 
deplorable conditions at the factory were first discovered. 
 
¶4. (SBU) Nongnuth said she appreciates having a discussion on 
TIP at a senior level and welcomes the opportunity to start a 
dialogue well in advance of the TIP report drafting period. 
She noted that she leads an annual visit to Washington, 
usually in February or March, to discuss TIP issues with 
G/TIP and on Capitol Hill prior to the release of the report 
each year.  She agreed that more progress is needed in the 
area of labor trafficking and that the TIP report has always 
been viewed as a "wake-up call" for RTG agencies to address 
areas where TIP is prevalent.  The RTG fully understands the 
strong interest in TIP matters on Capitol Hill and within the 
State Department and other USG agencies charged with 
implementing the Trafficking Victims Protection Act (TVPA). 
 
¶5. (SBU) Nongnuth said there remains an impression among Thai 
ministries that overall RTG efforts to combat TIP are not 
fully appreciated in Washington, and that some believed the 
USG's relatively recent focus on labor trafficking should 
provide more time for governments to adjust to new 
benchmarks.  She noted that some progress has been made to 
encourage the Ministry of Labor to better regulate their 
migrant worker programs, and that high-level MOL employees 
visited Washington in March along with Nongnuth's MFA 
delegation to describe current anti-trafficking efforts 
regarding labor exploitation. 
 
¶6. (SBU) Nongnuth voiced frustration that the Ranya Paew case 
is proving to be time-consuming for the Royal Thai Police 
(RTP) due to the need for translation of Burmese worker 
accounts and the number of witnesses involved.  She said the 
MFA is continuing to follow up with the police to ensure the 
judicial process worked smoothly.  She noted the efforts of 
Ministry of Social Development and Human Security (MSDHS) to 
assist and shelter the workers and to repatriate those who 
want to return to Burma.  The Attorney General's office has 
also established a new Center for Anti-Trafficking to 
coordinate future prosecutions.  MSDHS continues to make 
 
BANGKOK 00005011  002.2 OF 003 
 
 
strides in victim identification and protection and their 
accomplishments should be noted to ensure a more balanced 
overview of the entire TIP situation in Thailand. 
 
¶7. (SBU) Nongnuth said it would be useful for the Embassy to 
continue its dialogue with the Ministry of Labor (MOL).  She 
stressed, however, that despite the apparent inaction of the 
MOL in addressing TIP cases, it is important to seek a 
partnership and avoid finger-pointing exercises.  Nongnuth 
said the MFA would work with the MOL to identify a senior 
point of contact who could coordinate with us on labor 
trafficking.  Equally important, in her view, is the need to 
raise the profile of trafficking cases with the acting 
national police chief, as both the police and the MOL were 
essential to investigating and prosecuting TIP cases. 
 
¶8. (SBU) The DCM described the recent premiere of a 
USAID-funded documentary by cable network MTV, which 
highlights the involvement of Thai police and NGOs in 
trafficking cases in Thailand and other Southeast Asian 
countries.  It is being distributed to Asian markets with 
narration by local celebrities in several languages.  The MTV 
documentary includes an interview with a Burmese worker who 
was rescued at the Ranya Paew factory.  Noting that USG 
sponsorship of the film showed an understanding of the 
importance of the prevention side of the TIP issue, the DCM 
asked Nongnuth whether we were reaching all of the major 
players on TIP in the RTG, besides the MFA, MOL, MSDHS and 
the Royal Thai Police. 
 
¶9. (SBU) Nongnuth replied that the National Sub-Committee for 
Protection of Women and Children, and various NGOs, are also 
important players, and are heavily involved in drafting TIP 
legislation and action plans to be implemented by RTG 
ministries.  She encouraged USG officials to include them in 
our discussions on TIP activities.  Laboff replied that the 
Embassy has a long-standing relationship with Dr. Saisuree 
Chutikul, the sub-committee's chair, and that she and several 
NGOs had already advised us that they shared our concerns at 
the seeming lack of progress on labor trafficking. 
 
¶10. (SBU) The DCM noted the RTG's efforts to draft 
comprehensive anti-trafficking law that would criminalize 
labor trafficking and, for the first time, allow males to be 
considered as trafficking victims.  Stressing that it would 
be a laudable and significant step if passed, the DCM asked 
Nongnuth about the law's prospects for passage by the 
National Legislative Assembly (NLA) before the end of the 
year (and the forthcoming December 23 elections). 
 
¶11. (SBU) Nongnuth responded that she knew the TIP law had 
passed through the Council of State and been approved by the 
Cabinet, and is one of several priority bills to be taken up 
by the NLA once work on the organic laws required for 
elections is completed.  She said the MFA would urge the NLA 
to make sure the TIP law is passed.  Nongnuth suggested that 
the MFA coordinate an RTG-wide meeting to include the major 
anti-trafficking actors to obtain a status update and discuss 
next steps on labor trafficking, which would then be conveyed 
to the Embassy. 
 
¶12. (SBU) The DCM said such a meeting would be useful, and 
that a more formal interagency task force might enhance 
cooperation between the ministries and law enforcement.  He 
noted that USG agencies similarly cooperate to combat labor 
trafficking within the United States, including cases 
involving Thai workers recruited under the H2A visa program. 
Nongnuth said the RTG appreciates USG efforts to assist the 
Thai workers in the U.S. and to penalize the recruitment 
agencies that have abused the system.  She added, however, 
that she hopes this effort will not lead to a crackdown on 
all labor recruitment for the U.S. market, as many Thai 
workers benefit from guest worker programs that are properly 
implemented. 
 
¶13. (SBU) Nongnuth closed by asking if it would be helpful 
for her to travel to Washington in the October 3-5 period, 
following her UNGA-related meetings in New York, to meet 
Ambassador Lagon.  The DCM said it would be an outstanding 
opportunity for her to discuss TIP matters with G/TIP 
directly, and that we would pass on the request. 
 
¶14. (SBU) Comment: Despite DG Nongnuth's cooperative 
attitude, it is apparent that the RTG is encountering 
obstacles getting the police to move expeditiously on labor 
TIP cases such as Ranya Paew.  We've been told privately by 
the Thai NGO working on the Ranya Paew case with the Attorney 
General's office that the dossier forwarded by police last 
month contained weak evidence, and that investigators had 
 
BANGKOK 00005011  003.2 OF 003 
 
 
gone to great lengths to provide "witness" accounts 
corroborating the factory owners' defense.  As for the 
Burmese victims, the excuse about translation difficulties a 
year after the raid is not credible.  The victims may yet get 
financial compensation from an ongoing multi-million baht 
civil suit that has been filed on their behalf, but putting 
the factory owners on trial in a criminal court will continue 
to be an uphill struggle. 
 
¶15. (SBU) Comment Continued: We will continue to urge all 
appropriate RTG elements to take action not just on the Ranya 
Paew case but on the broader labor trafficking situation.  We 
think a meeting between Ambassador Lagon and DG Nongnuth 
would be helpful in this regard as well. 
BOYCE