VZCZCXRO8589
PP RUEHCHI RUEHDT RUEHHM RUEHJO RUEHNH RUEHPOD
DE RUEHBK #0237/01 0300230
ZNR UUUUU ZZH
P 300230Z JAN 09
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC PRIORITY 5866
RUEHC/DEPT OF LABOR WASHDC PRIORITY
INFO RUEHCHI/AMCONSUL CHIANG MAI 6120
RUEHGV/USMISSION GENEVA 2088
RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHXI/LABOR COLLECTIVE

UNCLAS SECTION 01 OF 12 BANGKOK 000237 
 
Department for DRL/ILCSR Tu Dang 
Labor for ILAB Tina Mccarter 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM KTIP TH
SUBJECT: THAILAND CHILD LABOR INFORMATION FOR TRADE AND DEVELOPMENT 
ACT (GSP) 2008 REPORT 
 
REF A: 08 STATE 127448 (REQUEST FOR INFORMATION) 
REF B: 08 BANGKOK 1756 (INFORMATION ON GOODS) 
REF C: 08 BANGKOK 0545 (CHILD LABOR REPORT UPDATE) 
REF D: 07 BANGKOK 2144 (CHILD LABOR REPORT UPDATE) 
 
BANGKOK 00000237  001.2 OF 012 
 
 
¶1.  This report provides information as requested by the Department 
of Labor to determine if countries eligible for trade benefits under 
the Generalized System of Preferences (GSP) program are implementing 
their international commitments to eliminate the worst forms of 
child labor as required under the Trade and Development Act (TDA) of 
2000 (ref a).  Post gathered information for this report from 
various discussions with Royal Thai Government (RTG) officials, 
locally-based United Nations (UN) agencies, non-governmental 
organizations, publically available research reports, and post 
reporting (refs B - D).  Answers to questions provided in ref a, 
paragraph 9 are contained below.  Post notes that while ref a 
requests information for the period March of 2008 to the present, we 
provide some information that pre-dates this timeframe to ensure the 
Department of Labor has information that may not have been 
previously reported and that is germane to the questions asked. 
 
¶2.  Answers to questions provided by the Department of Labor in ref 
a, paragraph 9 follow: 
 
QUESTION 1: What laws have been promulgated on child labor in the 
country? 
--------------------------------------------- ----- 
 
Criminal Code Amendment (no.13) (1994) prescribes penalties for 
crime against a person who lures, procures, detains, traffics, or 
forces children into slave-like situations to work with or without 
consent as follows: 
- if victims are under 15 years-old, an offender will be subject to 
3-10 years imprisonment and fines not exceeding 20,000 baht; 
-if victims are abused physically or mentally, an offender will be 
subject to 5-15 years imprisonment and fines not exceeding 30,000 
baht; 
-if victims are seriously injured, an offender will be subject to 
lifetime imprisonment or 7 to 20 years imprisonment; 
-if victims die, an offender will be subject to the death penalty, 
life imprisonment, or 15-20 years imprisonment. 
 
- A person who receives, distributes, procures, lures, or transports 
children age 15-18 years-old (with or without their consent) is 
subject to a maximum of 5 years imprisonment or fines not exceeding 
10,000 baht or both. If a child is less than 15 years-old, a person 
shall be subject to 7 years imprisonment and fines not exceeding 
14,000 baht or both. 
 
The Prevention and Suppression of Prostitution Act (1996) imposes 
heavy penalties on whoever procures, lures, compels, and threatens 
children for the purpose of prostitution. 
 
The Immigration Act (1997) provides that foreigners who do not enter 
into Thailand through an immigration checkpoint with a valid 
passport and visa (in cases in which a visa is required) or other 
legal documents are considered illegal immigrants.  Personnel at 
immigration checkpoints can prohibit any person from entering 
Thailand if it is suspected that he/she is involved in prostitution, 
the trading of women, children, drug smuggling, or other types of 
smuggling. 
 
Criminal Code Amendment (no.14) (1997) imposes strong penalties on 
persons who sexually exploit children, both boys and girls, under 18 
years-old.  It also penalizes violators who sell children to be 
beggars or to establishments which employ labor in a "cruel or 
hazardous fashion."  It defines punishments for pimping, trafficking 
for labor exploitation, and human smuggling. 
 
The Labor Protection Act (1998), as amended, protects child 
employees against the worst forms of child labor.  Descriptions of 
relevant sections of the law follow: 
 
Section 44: An employer shall not employ a child under 15 years of 
age as an employee. 
 
Section 45: In the case of employment of a worker under 18 
years-old, the employer shall comply with the following: 
- Notify a labor inspector regarding the employment of a young 
worker within 15 days of the child commencing work; 
- Prepare a record of employment conditions to be kept at the place 
of business or at the office of the employer, available for 
inspection by a labor inspector during working hours; and 
- Notify the labor inspector of the termination of employment of a 
child within seven days from the date of young worker being 
 
BANGKOK 00000237  002.2 OF 012 
 
 
dismissed. 
 
Section 46: An employer shall provide a rest period for a child of 
not less than one consecutive hour after the employee has worked for 
not more than 4 hours; and during the period of such 4 hours, the 
young worker shall have rest periods as fixed by the employer. 
 
Section 47: An employer shall not require a young worker under 18 
years of age to work between 22.00 hours and 6.00 hours unless 
written permission is granted by the Director General of the 
Ministry of Labor's Department of Labor Protection and Welfare. 
 
Section 48: An employer shall not require a child under 18 years of 
age to work overtime or to work on a holiday. 
 
Section 49: An employer shall not require a worker under 18 years of 
age to perform any of a listed number of hazardous work (see answer 
to question 4). 
 
Section 50: An employer shall not require a worker under 18 
years-olde to work in the following places: 
- a slaughterhouse 
- a place of gambling 
- a recreation place in accordance with the law governing recreation 
places which includes: 
a) a place of dancing. 
b) a place that sells/serves food, liquor, tea, or other beverage. 
c) a bath, a massage parlor, or sauna except legally registered Thai 
traditional massage parlors, health centers or beauty parlors 
approved by the Ministry of Health with consent from the Ministry of 
Interior. 
d) a place that sells/serves food, liquor, or other beverages which 
also provide the following services: 
- has music, live music, or any other show for entertainment and 
allows a singer, an entertainer, or a person to sit with customers. 
- has singing equipment for customers and provides a person to sing 
or sit with customers. 
- has dance shows on stage or at the table where customers eat or 
drink. 
- a place that has lights and sound or other equipment prescribed by 
the Ministerial Regulation. 
e) a place that sells food, liquor, or other beverages that has a 
live music or other shows for entertainment and that closes after 
midnight. 
 
Section 51: An Employer shall be prohibited from demanding or 
receiving a security deposit for any purpose from a child. An 
employer shall be prohibited to pay wages of the child employee to 
any other person. Where the Employer pays money and any other 
benefit to the child, the parent or guardian of the child or other 
persons, either before employment, at the commencement of 
employment, or before the due time of wage payment in each period, 
such payment shall not be deemed as the payment or receipt of wages 
for the child. The Employer shall be prohibited to deduct such money 
or such benefit from the wages to be paid to the child in the 
specified time. 
 
Section 52: A child under 18 years of age shall be entitled to take 
leave in order to attend meetings or seminars, obtain education or 
training; or leave for any other reason as arranged by an academic 
institution, a government, or a private agency approved by the 
Director-General; provided that the worker shall notify the employer 
in advance stating clearly the reason for leave and presenting 
relevant evidence, if any, and the employer shall pay wages to the 
worker equivalent to the wages of a working day throughout the 
period of leave, but not exceeding 30 days per year. 
 
In addition to the above laws, there exist Ministerial Regulations 
under the Labor Protection Act, which provide protection to the 
child workers, including: 
 
- Ministerial Regulation no.11 (1998): prescribes that an employer 
shall not employ children under 18 years-old to work in the loading 
and unloading of goods on sea vessels, except for the cleaning of 
vessels, tying, arranging, organizing, or other work as prescribed 
by the Director General of the Ministry of Labor's Department of 
Labor Protection and Welfare, where by the employer may employ 
children over 16 years of age to do this work. 
 
- Ministerial Regulation on maximum permissible weight of load to be 
permitted for one employee (2004): prescribes that an employer shall 
not ask a child age 15 to 18 to lift, carry, uplift, haul, or push a 
load exceeding 20 Kilogram (for a girl) and 25 kilogram (for a 
boy). 
 
 
BANGKOK 00000237  003.2 OF 012 
 
 
- The Ministerial Regulation on labor protection of agricultural 
work (including those working on farms, with livestock, forests, 
sea-salt farms, and fresh water fishery boats) 2004: prescribes 
protections (e.g., holiday, health care, sick leave, maximum 
permissible weight of load, etc)  for agricultural workers.  This 
regulation prescribes that an employer shall not hire children under 
15 years-old with an exception of children age 13 to 15 years-old 
whose parents give permission to perform agricultural work which is 
not dangerous for their health and development, during school breaks 
or outside school hours. 
 
The Anti-Money Laundering Control Act (1999) provides for the 
seizure of assets of persons who exploit children in the (illegal) 
commercial sex and narcotics industries.  The Act also defines 
"predicate offense" to include any activities relating to (i) 
procuring, seducing or transporting for an indecent act a woman or 
child for sexual gratification of others; (ii) transporting a child 
and a minor; (iii) seducing or transporting such persons for 
prostitution, an offense while acting as an owner, supervisor or 
manager of a prostitution business or establishment or being a 
controller of prostitutes in a prostitution establishment. 
 
The Criminal Procedure Code Amendment Act (no.20) (1999) protects 
child victims from being exposed to the public during a judicial 
process.  The amendment of the Criminal Procedure Code aims to 
institute child-friendly interview protocols for child victims of 
abuse, trafficking, and labor exploitation.  The law requires that 
there be a social worker, a psychologist, an attorney, or another 
person as requested by the child during an investigation and trial. 
Furthermore, videotape recordings shall be used to take the 
statement of a child victim or witness in order to prevent the child 
from repeated traumatic interviews. 
 
The Compulsory Education Act (2002) states that education is 
compulsory for nine years (from grade one until grade nine or from 
seven years-old to sixteen years-old). Parents who neglect to send 
their children to go school shall be subjected to a fine of 1,000 
baht (USD 30). 
 
The Child Protection Act (2003) provides for the prohibition and 
elimination of exploitation of children in slave-like or bonded 
conditions, illicit activities, hazardous and arduous work, 
prostitution, pornography, or other similar activities.  The act 
defines the "child" as a person below 18 years of age, and makes 
him/her eligible to receive child protection and welfare assistance. 
 This definition also applies to children with no legal status in 
Thai territory.  The Act mandates the establishment of a National 
Child Protection Committee, along with the Bangkok Metropolitan and 
other Provincial Protection Committees, to recommend policies, 
plans, budgets, measures, to issue regulations and appoint 
sub-committees or working groups, to promote the social welfare, 
safety, and protection of the child. 
 
The Witness Protection Act (2003) provides support to child and 
adolescent victims who are to be a witness or an informant in a 
trafficking or organized crime case. 
 
Criminal Code Amendment Act no.19 (2007) extends the coverage of 
sexual exploitation to both boys and girls. 
 
The Protection of Victims of Violence in the Family Act (2007) 
states that any member of a family, especially children and women, 
are protected against all forms of abuse and exploitation. 
 
The Promotion of Child and Youth Development Act (2007) promotes 
programs and activities for children and youth to empower and 
prevent them from becoming victims of all forms of exploitation. 
 
The Constitution of the Kingdom of Thailand (2007) Section 49 
provides that that all persons shall enjoy an equal right to receive 
free education for the duration of not less than twelve years. 
 
Section 52 of the 2007 Constitution provides that children (as well 
as youth, women and members of families) shall have the right to be 
protected by the State against violence and unfair treatment and 
shall also have the right to receive rehabilitation in the event of 
such circumstances. 
 
Section 84(7) of the Constitution states that the government should 
pursue economic policies that to promote jobs for the working-age 
population, protect child and female laborers. 
 
The Prevention and Suppression of Human Trafficking Act (June 5, 
2008).  This comprehensive anti-trafficking law replaced the 1997 
Prevention and Suppression of Woman and Children Trafficking Law. 
 
BANGKOK 00000237  004.2 OF 012 
 
 
The forms of trafficking covered under the new law are expanded to 
include slavery, forced begging, forced labor and trade in organs, 
in addition to those categories previously covered by the 1997 law 
such as sexual exploitation, pornography production and 
distribution, and other forms of sexual exploitation.  Other 
elements of the new law include the imposition of heavier penalties 
for all offenders involved in human trafficking; the ability of 
victims to claim compensation from the offender for any damages 
caused by human trafficking; measures to protect victims and 
witnesses during court trials against traffickers; the provision of 
shelter and other necessities for trafficking in persons (TIP) 
victims, including physical, psycho-social, legal, educational, and 
health care assistance; and protection for victims and their 
immediate families within and outside the country to ensure their 
security and well being. 
 
The amendment of the Alien Employment Act (2008) attempts to 
systematize workforce participation of migrant workers by 
prohibiting an employer from hiring migrant workers who do not have 
licenses to work with the employer.  An employer who violates this 
law shall be subject to a fine of 10,000-100,000 baht per migrant 
worker.  The Act also states that migrants along border areas who 
have travel documents under the Immigration Act shall be allowed to 
temporarily work in the area around the border.  In addition, to 
ensure the safe repatriation of migrant workers, the Act requires 
that an employer must make deductions from a migrant worker's salary 
to contribute to a repatriation fund.  The Act also calls for an 
Alien Employment Committee to be set up in order to develop policies 
regarding alien employment and monitor the implementation progress 
of these policies. 
 
QUESTION 2: What is the country's minimum age for admission to 
work? 
--------------------------------------------- ----- 
 
Under the Labor Protection Act, the employment of children under the 
age of fifteen is prohibited.  The labor of 15 to 17-year-olds is 
subject to restrictions. 
 
QUESTION 3: Are there exceptions to the minimum age law? 
--------------------------------------------- ----- 
 
Under the Labor Protection Act (LPA), the minimum age for admission 
to work is 18 years-old.  Children between the age of 15 and 18 are 
able to work in jobs that are not considered hazardous (details 
provided in subsequent questions). However, the Labor Protection Act 
does not cover workers in some informal sectors such as fishing and 
domestic employment (Note: Thai Ministerial Resolution 2547 reversed 
a prior resolution and states that agricultural work, previously 
considered informal work outside the purview of the Labor Protection 
Act, is covered by the LPA.  Agricultural work is defined as work 
involving plantations/farming, livestock, forests, sea-salt farming, 
and non-oceanic fishing.  Oceanic fishing therefore remains outside 
the scope of the LPA.  End Note.)  The Act also allows children 13 
to 15 years-old to perform agricultural work if the children have 
parental permission to work during school breaks or outside of 
school hours and if employers provide a safe work environment, not 
dangerous for the child's health and development. 
 
QUESTION 4: What is the minimum age for admission to hazardous work, 
and what additional provisions have the country enacted regarding 
children's involvement in hazardous work? 
--------------------------------------------- ----- 
 
Under the Labor Protection Act (section 49), the minimum age for 
admission to hazardous work is 18 years-old.  The types of work 
considered hazardous work are: 
- metal melting, blowing, casting or rolling; 
- metal pressing; 
- work involving heat, cold, vibration, noise and light of an 
abnormal level which may be hazardous as follows: 
a) work performed in a place where temperatures in the working place 
are higher than 45 degrees Celsius; 
b) work performed in a cold storage area in the production or 
preservation of food by freezing; 
c) work using a shaking drill; 
d) work which involves continual exposure to noise levels exceeding 
85 decibels during an 8-hour period. 
- work involving hazardous chemicals, poisonous substances, 
explosives or inflammable materials as follows: 
a) production or transportation of any substance that may cause 
cancer such as 4-Aminodiphenyl, Arsenic, Asbestos, Benzene, 
Beryllium, Benzidine, Bis Cloromety ether, Crhomium Cr CI compound, 
Coal tar pitch volatile, B-Naphthylamine, Nickel Sufide, Vinyl 
Chloride, and Zinc Chromate; 
 
BANGKOK 00000237  005.2 OF 012 
 
 
b) work involving cyanide; 
c) production or transportation of flares, fireworks or other 
explosives; 
d) exploration, drilling, refining, filling or loading of fuel oil 
or gas, except for work in a fuel station; 
- work involving poisonous micro-organisms, be it a virus, 
bacterium, fungus, or any other germs as follows: 
a) work performed in a diagnostic laboratory; 
b) taking care of patient with contagious disease; 
c) cleaning of patient's utensils and clothing in a medical 
establishment; 
d) collection, transportation, or disposal of rubbish or waste in a 
medical establishment; 
- work involving poisonous substances, explosive or flammable 
material, other than work in a fuel service station as prescribed in 
the Ministerial Regulations; 
- driving or control of hoists or cranes operated by an engine or 
electricity, regardless of the manner of driving or control; 
- driving or controlling a forklift or a crane as prescribed in the 
Ministerial Regulations; 
- work using an electric or motor saw; 
- work that must be done underground, underwater, in a cave, tunnel 
or mountain shaft; 
- work involving radioactivity; 
- cleaning of machinery or engines while in operation; 
- work which must be done on scaffolding ten meters or more above 
the ground. 
 
The Act also prohibits employers from hiring children 15-18 
years-old to work between 10 p.m. and 6 a.m. or work in places which 
are morally inappropriate including a slaughter house, a place of 
gambling, and a place of entertainment (e.g., dancing club, partner 
service club, disco or pub, karaoke bar, sauna or steam bath, 
massage parlor, or a place that sells food, liquor or other 
beverages which is open after midnight, etc). 
 
QUESTION 5: What laws have been promulgated on the worst forms of 
child labor, such as forced child labor and trafficking or child 
prostitution and pornography? 
--------------------------------------------- ----- 
 
The following laws have provisions that relate in some way to the 
worst forms of child labor.  Details on these acts are found in the 
answer to question 1. 
- Criminal Code Amendment Act (no.13) (1994) 
- Prevention and Suppression of Prostitution Act (1996) 
- Criminal Code Amendment Act (no.14) (1997) 
- Labor Protection Act (1998) 
- Criminal Procedure Code Amendment Act (no.20) (1999) 
- Anti-Money Laundering Control Act (1999) 
- Witness Protection Act (2003) 
- Child Protection Act (2003) 
- Promotion of Child and Youth Development Act (2007) 
- Criminal Code Amendment Act no.19 and no.20 (2007) 
- Protection of victims of violence in family Act (2007) 
- Employment of Aliens Amendment Act (2008) 
- Prevention and Suppression of Human Trafficking Act (2008) 
 
QUESTION 6: Please specify what worst forms are prohibited and 
describe penalties for violations. 
 
Various sections of Thai law prohibit the worst forms of child labor 
(see answers to question 1).  Penalties regarding the worst forms of 
child labor can be found in various Acts including the Labor 
Protection Act, the Criminal Code Amendment Act, and the Prevention 
and Suppression of Human Trafficking Act. 
 
Labor Protection Act 
-------------------- 
- Employment of a child below the age of 15 carries a penalty of up 
to 1 year imprisonment or fines up to 200,000 baht (USD 6,060) or 
both. 
- Failure to provide rest periods or forcing a child worker to 
perform prohibited tasks results in a 6-month imprisonment or a fine 
not exceeding 100,000 (USD 3,030) baht or both. 
- Forcing a child to work during prohibited hours carries a penalty 
of up to 1 year imprisonment or a fine of up to 200,000 baht (USD 
6,060) or both. 
- Ministerial Regulation no.11 (1998), related to the LPA, prohibits 
the employment of a child under 16 years-old to work in oceanic 
fishing.  The Act prescribes that an employer shall not employ a 
child under 18 years of age to work in the loading and/or unloading 
of goods on sea vessels, except for the cleaning of vessels, tying, 
arranging, organizing or other work as prescribed by the Director 
General of the Ministry of Labor's Department of Labor Protection 
 
BANGKOK 00000237  006.2 OF 012 
 
 
and Welfare, where by the employer may employ children over 16 years 
of age to work. 
- Section 16 prohibits employers, supervisors or inspectors from 
threatening, abusing or sexually harassing employees who are 
children (both boys and girls). 
- Section 49 states that a safe work environment must be secured for 
child workers and sets forth types of work prohibited for those 
under the age of 18. 
 
Criminal Code Amendment (no.13) defines criminal penalties for a 
person who detains, confines, lures, procures, traffics, or forces 
children into slave-like situations as follows: 
- if victims are under 15 years-old, an offender will be subject to 
3-10 years imprisonment and fines not exceeding 20,000 baht (606 
USD); 
-if victims are abused physically or mentally, an offender will be 
subject to 5-15 years imprisonment and fines not exceeding 30,000 
baht 909 (USD); 
-if victims are seriously injured, an offender will be subject to 
lifetime imprisonment or 7 to 20 years imprisonment; 
-if victims die, an offender will be subject to the death penalty, 
life-time imprisonment or 15-20 years imprisonment. 
 
Criminal Code Amendment (no.14) defines criminal penalties for a 
person who lures, procures, detains, traffics, or forces children 
into sexual exploitation and pornographic activities as follows: 
 
A) For a victim who consents (Note: This section of law is meant to 
criminalize the use of child labor even if the child believes he/she 
gave meaningful consent.  End Note.): 
- If the victim is under 15 years-old, an offender will be subject 
to 5-20 years imprisonment, and fines up to 40,000 Baht (1,212 
USD). 
- If the victim is 15 to 18 years-old, an offender will be subject 
to 3-15 years imprisonment, and fines are up to 30,000 Baht (909 
USD). 
 
B) For a victim who does not consent: 
- If the victim is under 15 years-old, an offender will be subject 
to 10-20 years imprisonment, and fines up to 40,000 Baht (1,212 USD) 
or lifetime imprisonment or death penalty. 
- If the victim is 15 to 18 years-old, an offender will be subject 
to 7-20 years imprisonment, and fines are up to 40,000 Baht (1,212 
USD) or lifetime imprisonment. 
 
C) A person who receives, distributes, procures, lures, or 
transports children age 15-18 years-old (with or without their 
consent) is subject to a maximum of 5 years imprisonment or fines 
not exceeding 10,000 baht (303 USD) or both. If the child is less 
than 15 years-old, a person shall be subject to 7 years imprisonment 
and fines not exceeding 14,000 baht (424 USD) or both. 
 
Criminal Code Amendment (no.19) prescribes penalties for rape or 
forcible sexual assault as follows: 
- If the victim is under 13 years-old, penalties are 7-20 years 
imprisonment, and fines up to 40,000 Baht (1,212 USD) or lifetime 
imprisonment. 
- If the victim is under 15 years-old, penalties are 4-20 years 
imprisonment, and fines up to 40,000 Baht (1,212 USD). 
- If the victim is 15 to 18 years-old, penalties are up to 5 years 
imprisonment, and fines are up to 10,000 Baht. 
 
Prevention and Suppression of Human Trafficking Act 
--------------------------------------------- ----- 
- If a trafficking in persons offense is committed against a child 
between 15 to 18 years-old, penalties are 6-12 years imprisonment 
and a fine of 120,000 to 240,000 baht (3,636-7,272 USD). 
- If a trafficking in persons offense is committed against a child 
below 15 years-old, penalties are 8-15 years imprisonment and a fine 
of 160,000 to 300,000 baht (4,848 - 9,090 USD). 
 
QUESTION 7: What is the country's minimum age for military 
recruitment and/or involvement in armed conflict? 
--------------------------------------------- ----- 
 
The Military Recruitment Act of 1954 states that all Thai males must 
register for pre-military recruitment at the age of 17.  At the age 
of 21 they must be present at their local district of residence to 
receive a conscript summons warrant.  The Military Recruitment Act 
also states that every registered pre-military male between 18 to 30 
years-old is eligible to join the military service for 2 years. 
 
QUESTION 8: If the country has ratified ILO Convention 182 on the 
Worst Forms of Child Labor, has it developed a list of occupations 
considered to be worst forms of child labor, as called for in 
 
BANGKOK 00000237  007.2 OF 012 
 
 
article 4 of the Convention? 
--------------------------------------------- ----- 
 
The 1998 The Labor Protection Act (Chapter 4) lists various types of 
work children are prohibited to engage in, as well as places in 
which children are prohibited to work (see answers to question 1). 
On February 16, 2001, the Royal Thai Government ratified the 
International Labor Organization (ILO) Convention No. 182 on the 
Elimination of All Worst Forms of Child Labor.  In 2006, the 
Ministry of Labor appointed the National Committee for the 
Elimination against the Worst Forms of Child Labor to more 
effectively resolve child labor problems and eliminate the worst 
forms of child labor.  The Committee approved a National Plan of 
Action for the Elimination of the Worst Forms of Child Labor with 
substance in line with the ILO Convention No. 182.  The plan is now 
under the consideration of the RTG cabinet for approval. At the same 
time, the RTG is reportedly working with members of civil society 
and international organizations to determine how to develop a list 
of occupations in line with provisions in the Labor Protection Act. 
 
QUESTION 9: What legal remedies are available to government agencies 
that enforce child labor and worst forms of child labor laws (civil 
fines, criminal penalties, court orders), and are they adequate to 
punish and deter violations? 
--------------------------------------------- ----- 
 
Criminal penalties regarding child labor (jail time and fines) are 
discussed in answers to prior questions, and  question 6 in 
particular).  In addition, Thai laws provide authority for 
government officials to engage in additional activities in order to 
deter violations.  Taken together, the legal remedies are adequate 
to punish and deter violations.  Such additional activities 
included: 
 
The Anti-Trafficking in Persons Act, 2008 
----------------------------------------- 
Section 27 states that for the purpose of preventing and suppressing 
a TIP offense, the competent official shall have the following 
powers and duties: 
- to summon any person to give statements or submit documents or 
evidence; 
- to search any conveyance when there is reason to believe there is 
evidence or a person involved in TIP within; 
- to enter any dwelling or premise without a search warrant when 
there is reason to believe that there is evidence or a person 
involved in TIP within and that the delay involved in acquiring a 
search warrant would hinder the removal of evidence or a victim. 
 
Labor Protection Act of 1988 
---------------------------- 
Section 139 states that in performing labor inspections, inspectors 
shall have the following powers: 
- to enter a workplace or employer's office in order to examine the 
working and employment conditions and to perform any other tasks in 
order to acquire facts for the execution of his or her powers under 
this Act; 
- to issue an inquiry notice or summon an employer, employee, or 
other relevant persons to give factual statements or submit objects 
or relevant documents for a consideration; 
- to issue a written order to an employer or employee to comply with 
this Act. 
 
Section 142 states that during an inspection the Director General or 
a person entrusted by the Director General may require physicians, 
social welfare workers or experts appointed by the Minister of Labor 
to enter workplaces in order to provide advice or assist labor 
inspectors. 
 
QUESTION 10: To what extent are violations investigated and 
addressed? 
--------------------------------------------- ----- 
 
While Thailand has many robust child labor laws, enforcement of 
these laws is inadequate. According to information provided by the 
RTG, in 2007, the Ministry of Labor (MOL) conducted labor 
inspections in 50,993 work places (13% of the total work places of 
403,781 nation-wide).  Of these 50,993 inspected work places, 10,044 
children were working in 672 locations.  Of these locations, 6 work 
places were found in violation of the law for employing underage 
workers (less than 15 year old) and allowing children to work in 
excess of the legal work hour limits.  The MOL is widely considered 
to have too few labor inspectors.  Labor rights activists complain 
that many child labor violations go uninvestigated. 
 
QUESTION 11: What level of resources does the government devote to 
 
BANGKOK 00000237  008.2 OF 012 
 
 
investigating child labor and worst forms of child labor cases 
throughout the country? 
--------------------------------------------- ----- 
 
As of February 2008, the Ministry of Labor (MOL) employed 735 labor 
inspectors.  Information on MOL expenditures to conduct these 
investigations is unavailable.  On July 1, 2005, the Children and 
Women Protection Division (CWD) of the Royal Thai Police was 
established as a specialized division for solving problems with 
offenses involving children, juveniles, women, and laborers.  Since 
its establishment, CWD also maintains a permanent anti-human 
trafficking unit.  As of December 2008, CWD employs 341 police 
officers. 
 
The RTG maintains 109 One-Stop Crisis Centers in several public 
hospitals and a telephone hotline center.  The centers provide 
physical and mental treatment, legal assistance, and recovery and 
rehabilitation services to help women and child victims of all forms 
of violence. 
 
QUESTION 12: How many inspectors does the government employ to 
address child labor issues? 
--------------------------------------------- ----- 
 
As of February 2008, the Ministry of Labor employed 735 labor 
inspectors.  All inspectors are mandated to give high priority to 
inspect the usage and working conditions of child labor, to prevent 
and suppress illegal child labor, as well as violence/mistreatment 
towards child laborers. 
 
QUESTION 13: How many police or other law enforcement officials 
address worst forms of child labor issues? 
--------------------------------------------- ----- 
 
As of December 2008, the Children, Juvenile, and Women Protection 
Division (CWD) of the Royal Thai Police Force employed 341 police 
officers.  While having a broader mandate, additional police units 
have the authority to investigate crimes involving the worst forms 
of child labor. 
 
QUESTION 14: How many child labor investigations have been conducted 
over the past year and how many have resulted in fines, penalties, 
or convictions? 
--------------------------------------------- ----- 
 
In 2007, the MOL conducted labor inspections in 50,993 work places 
(13% of the total work places of 403,781 nation-wide).  Of these 
50,993 inspected work places, 10,044 children were found to be 
working in 672 locations.  Of these locations, 6 work places were 
found in violation of the law for employing underage workers (less 
than 15 year old) and allowing children to work in excess of the 
legal work hour limits.  The Ministry of Labor does not routinely 
collect data on fines, penalties and convictions for child labor 
investigations and violations.  However, the MOL explained that if a 
labor inspector finds a serious child labor violation, such as 
employing a child under 15 years-old, the employer is routinely 
fined.  The CWD police division is the primary entity responsible 
for investigating criminal violations of child labor laws.  While 
the CWD police division collects data related to such criminal 
investigations, it does not disaggregate the data by gender or age. 
The RTG was unable to produce statistics on convictions classified 
by offense. 
 
QUESTION 15: How many investigations into worst forms of child labor 
violations have been conducted over the past year and how many have 
resulted in prosecutions and convictions? 
--------------------------------------------- ----- 
 
Although statistical information regaQg the number of 
investigations into worst forms of child labor violations is limited 
(see response to question 14), the following cases demonstrate Thai 
investigative efforts in these areas: 
 
On November 26, 2007, the Thai Labor Court awarded 3.6 million baht 
(USD 106,000) in damages to the 66 TIP victims rescued in the 
September 2006 raid of the Ranya Paew factory in Samut Sakhon.  The 
award was based on calculations of unpaid wages and overtime 
compensation owed to the workers, who were confined to the factory 
premises for varying periods of time prior to their release.  A Thai 
NGO and the Thai Ministry of Social Development and Human Security 
(MSDHS) agreed to pay the plaintiffs' attorney fees of 200,000 baht 
(USD 6,000).  Prosecutors are developing a criminal case against the 
factory owners for kidnapping, detention and physical abuse.  The 
court has received all victim statements and is expecting to receive 
a statement from the defendant and other witnesses in 2009.  All 66 
 
BANGKOK 00000237  009.2 OF 012 
 
 
victims have been returned to Burma (their nation of origin), after 
receiving victims assistance-related services.  Some of the victims 
were children. 
 
In December, 2007, a Thai criminal court sentenced two traffickers 
to 7 years' imprisonment for luring a 15-year old girl to enter 
prostitution in Singapore under false pretenses.  Police reported 
that the labor broker who referred the girl to the traffickers had 
promised the girl a restaurant position in Bangkok.  After working 
for six months in Bangkok, she was informed that she had accumulated 
debts to her employers that required her to enter prostitution first 
in Thailand and then in Singapore. 
 
In March 2008, the Anoma shrimp factory in Samut Sakhon was raided 
by Thai police, with 73 workers classified by Thai authorities as 
trafficking victims (38 adults and 35 children under 17 years-old). 
The Thai police inspector's office of the city district of Samut 
Sakhon completed the investigation into the Anoma factory case and 
filed it August 19, 2008, with the Office of Attorney General of 
Samut Sakhon.  The Police explained they filed twenty civil and 
criminal charges against two Thai citizens in the case: the owner of 
the Anoma factory and her brother the factory manager.  The charges 
include forcing workers into a slavery-like situation, providing 
shelter to illegal migrants, and not allowing time-off for workers. 
The Office of the Attorney General submitted the case on September 
10, 2008, to the responsible court, and the preliminary court 
hearing was conducted on October 13.  In February 2009, the Samut 
Sakhon court is scheduled to call for witness statements from the 
defense and victims. 
 
Ten victims from the Anoma case went to the Royal Thai Police 
Headquarters on Nov 13, 2008, to assist with sketches of pictures of 
6 brokers who lured them into the factory in order to issue arrest 
warrants for six Burmese brokers.  The police have therefore 
expanded the investigation in search of the six Burmese labor 
brokers suspected of bringing Burmese migrants to the factory for a 
high fee, causing some to enter into a state of debt bondage. 
Meanwhile, the police plan to submit evidence on the brokers to 
public prosecutors in February 2009. 
 
QUESTION 16: Has the government provided awareness-raising and/or 
training activities for officials charged with enforcing child labor 
laws or worst forms of child labor laws? 
--------------------------------------------- ----- 
 
According to the RTG, the Ministry of Labor (MOL) has conducted 
training courses on relevant child labor protection law to labor 
inspectors aiming to raise awareness on this issue. In addition, the 
Ministry of Labor established a woman and child labor protection 
network with relevant NGOs, governmental agencies, and private 
sector members, to provide information and guidelines on labor 
protection and assistance to laborers, especially children. In 
addition, the MOL also organized an annual meeting with employers, 
manufacturers and NGOs to raise awareness on labor rights protection 
and child labor protection. 
 
Since the coming into force of the Anti-trafficking in Persons Act 
of 2008, the Ministry of Social Development and Human Security 
(MSDHS) has been implementing several activities as follows: 
- MSDHS, in collaboration with NGOs and public prosecutors, 
continues to train law enforcement officers, prosecutors, civilian 
government officials, and NGO counterparts on the new TIP law and 
the multi-disciplinary team approach to TIP prevention, protection, 
and prosecution.   According to MSDHS, approximately 80 people have 
been trained in sessions that generally last 3 to 5 days and use a 
curriculum updated since the new TIP law came into force. (From 2006 
to the new law's coming into force in June, MSDHS trained an 
additional 706 individuals on victim protection and assistance) 
- The Royal Thai Police and MSDHS co-conducted various one-day 
trainings for police officers that focused on the Anti-TIP law and 
victim identification process.  MSDHS reports that 2,500 police 
received training in FY 2008 and that an additional 2,500 will be 
reached in FY 2009. 
- MSDHS developed and distributed "Guidelines on Trafficked Victim 
Identification" to the Royal Thai Police, all Immigration and 
Customs offices, as well as social workers and civil society 
throughout the country.  The guidelines, in the form of a 
questionnaire to be used while interviewing a potential victim 
during or after an anti-TIP operation, provide a framework for 
interviewing officials to have a clearer understanding of what 
defines a TIP victim.  The guidelines state that a person can be a 
victim of trafficking even if he/she originally participated 
voluntarily in the activity in question and regardless of one's 
immigration or worker registration status.  They also explain that 
debt bondage is considered a type of human trafficking, and instruct 
 
BANGKOK 00000237  010.2 OF 012 
 
 
that various types of supporting evidence should be considered when 
identifying trafficked victims (i.e., evidence of physical abuse or 
psychological trauma, etc.) 
- MSDHS developed "Operational Guidelines for Labor Trafficking." 
The guidelines were established to improve coordination among 
members of multi-disciplinary teams, both government and 
non-government officials, during labor trafficking operations (i.e., 
rescue and protection).  MOL contacts report that training on these 
guidelines is being planned for officials within the ministry. 
- The Center against International Human Trafficking (CAHT) of the 
Office of Attorney General (OAG) has conducted eight training 
sessions on the Anti-TIP law for public prosecutors in eight of its 
ten geographic districts.  The OAG expects to conduct an additional 
two training sessions for the other districts in FY 2009.  In 
addition, the head of the CAHT has stated that one hundred sixty 
prosecutors have voluntarily signed up for a "Prosecutor Network to 
Combat Human Trafficking," promoted during this training. 
 
Additionally, the Governors of the provinces in Thailand's central 
region signed two Memoranda of Understanding (MOUs) regarding the 
coordination of procedures during regional anti-TIP activities, 
including rescue and protection (the MOU covering the lower central 
region was signed in May; that of the upper central region in July). 
 With these two new regional MOUs, Thailand now has provincial-level 
anti-TIP MOUs covering all 76 provinces (those for the northeast and 
east were signed in 2006 and those for the north and south in 2007). 
 Provincial governments have conducted trainings related to the MOUs 
for provincial and/or local level police, public prosecutors, and 
social workers. 
 
QUESTION 17: What initiatives has the government supported to 
prevent children from entering exploitive work situations, to 
withdraw children engaged in such labor, and to advocate on behalf 
of children involved in such employment and their families? 
--------------------------------------------- ----- 
 
In 2008 the Ministry of Labor (MOL) implemented several activities 
to prevent the exploitation of child labor, including: 
- Preparedness programs (prior to entering the labor market) 
specifically targeting lower and higher secondary school students 
and vocational students in order to prevent them from being lured 
into unlawful activities. 
- Public education programs on the prevention of child labor and 
remedial measures, targeting employers, employees, child workers, 
students and the general public in 75 provinces.  Their activities 
are organized in collaboration with relevant public agencies and 
local communities aiming to raise awareness on exploitation of child 
labor, legal punishment and responsibilities. It mobilizes 
communities to take part in anti-child labor exploitation efforts 
through mobile units. 
- "Village Labor Volunteer Programs" to organize trainings for 
community leaders and teachers on local measures to deal with child 
labor problems. 
 
Officials at the International Labor Organization (ILO) report that, 
at the provincial level, governors whose provinces have a higher 
incidence of labor exploitation are more engaged than others at 
organizing public awareness raising activities with employers.  ILO 
officials also report there is a growing trend of parents who go to 
work and leave their children at home (instead of taking them to the 
work place). 
 
Since the coming into force of the Anti-trafficking in Persons Act 
of 2008, the Ministry of Social Development and Human Security 
(MSDHS) has been implementing several campaigns through the mass 
media to raise awareness and call for public cooperation in the 
fight against TIP, including: 
- declaring June 5 as National Anti-Human Trafficking Day. 
- organizing "public dialogues" in seven provinces throughout 
Thailand. 
- sponsoring a television advertisement to raise awareness on the 
various forms of human trafficking. 
- organizing road shows to raise awareness to fight against human 
trafficking in hot spot areas such as transportation stations 
(Bangkok's main train station, various bus and shuttle bus 
terminals), and the tourist district in the city of Pattaya. 
 
 
QUESTION 18: Does the country have a comprehensive policy or 
national program of action on child labor or specific forms of child 
labor? 
--------------------------------------------- ----- 
 
The Ministry of Labor and concerned agencies have developed a six 
year (2009-2014) National Plan of Action on eliminating the worst 
 
BANGKOK 00000237  011.2 OF 012 
 
 
forms of child labor (Note: Instead of using the term worst form of 
child labor, the Thai government chose to use the term bad forms of 
child labor.  End Note.).  The plan was approved by the National 
Committee on the Elimination against the Worst Forms of Child Labor 
on September 29, 2008, and, according to the Ministry of Foreign 
Affairs (MFA), is under the consideration of the RTG cabinet for 
approval.  The National Plan of Action identifies "bad" forms of 
child labor, which include: all forms of slavery, debt bondage, 
forced or compulsory labor including forced or compulsory 
recruitment of children for use in armed conflict, commercial sex 
work, including participation in pornographic movies and still 
photographs; labor involving the sale or transport of illegal drugs, 
etc (in line with ILO Convention 182). Once approved by the RTG 
Cabinet, the RTG plans to amend as necessary all relevant laws and 
regulations to reflect this new legal definition.  The National Plan 
of Action addressed five strategic goals, including 1) to decrease 
the use of child labor 2) to protect child labor from work that may 
affect their physical, emotional, or intellectual development 3) to 
eliminate the worst forms of child labor including the protection of 
children who are mistreated by employers 4) to provide developmental 
rehabilitation to child victims after being rescued and 5) to 
promote efficient implementation mechanisms to effectively eliminate 
the worst forms of child labor. 
 
QUESTION 19: Does the country incorporate child labor specifically 
as an issue to be addressed in poverty reduction, development, 
educational or other social policies or programs, such as Poverty 
Reduction Strategy Papers, etc? 
--------------------------------------------- ----- 
As part of a broad economic stimulus package targeting poor and 
middle income Thai citizens, the RTG announced a plan to make 
education free for 15 years (3 of preschool and 12 in primary and 
secondary) for state-schools, including free uniforms and textbooks 
for approximately 10 million students nationwide. 
 
ILO officials have stated that extending compulsory education from 6 
to 9 years (as done under Thai law in 2002) has been an effective 
tool to delay the entry of children into the labor market.  As such, 
the levels of Thai child labor have declined in recent years. 
However, at the same time, the number of migrant and stateless child 
laborers has reportedly grown, especially in remote areas. 
 
QUESTION 20: If so, to what degree has the country implemented the 
policy and/or program of action and achieved its goals and 
objectives? 
--------------------------------------------- ----- 
The RTG is in the process seeking funding from Parliament for the 
education initiative referenced in question 19. 
 
QUESTION 21: Is education free in law and in practice?  Is education 
compulsory in law and in practice? 
--------------------------------------------- ----- 
 
The Compulsory Education Act (2002) states that education is 
compulsory for nine years (from grade one until grade nine or from 
seven years-old to sixteen years-old).  The Thai Constitution states 
that education shall be free for twelve years. 
 
In practice, parents have to pay additional education-related costs 
for school uniforms, time in computer and language labs, lunch, and 
transportation.  Children in remote areas far from schools also face 
transportation difficulties.  The RTG has put in place distance and 
remote education systems to provide education to students in remote 
areas.  As part of a broad economic stimulus package in 2009, the 
RTG announced a plan to make education free for 15 years (3 of 
preschool and 12 in primary and secondary) for state-schools, 
including free uniforms and textbooks for approximately 10 million 
students nationwide. 
 
QUESTION 22: What are the specific sectors/work activities/goods in 
which children work and how has this changed over the past year? 
Please note where possible any relevant characteristics about the 
children involved including gender, ethnic group, religion, age, 
etc. 
--------------------------------------------- ----- 
 
Both governmental and non-governmental sources report that child 
labor is used in various sectors, both formal and informal, within 
Thailand.  There are reports (and/or documented cases) of illegal 
child labor in the fishing sector, fishing-related sector (including 
shrimp processing), domestic work, agriculture, and textile 
sectors.  The levels of incidence of illegal child labor within 
sectors vary (refs b - d). 
 
ILO officials claim that while the child labor situation in the 
 
BANGKOK 00000237  012.2 OF 012 
 
 
formal/regulated sector has improved in Thailand, child labor - 
especially migrant and stateless/ethnic minority children - is 
commonly found in the informal sector (e.g. contract farming, 
domestic work, and retail shops).  Among those so involved,  girls 
are mostly found to be employed in domestic work while boys are 
mostly found working on farms and in the fishing industry.  Children 
from ethnic minority groups, migrant children, stateless children 
and children in Thailand's Muslim communities are more vulnerable to 
exploitation. 
 
According to the RTG, child labor is mostly found in the 
agricultural, fishing, and service sectors, as well as in begging. 
Due to the development of the industrial sector in Thailand, 
instances of child labor have also been alleged in the 
manufacturing, transportation, retail sales, car repair, and 
construction industries. 
 
The Ministry of Interior reported that in 2007, there were 9.5 
million children living in Thailand, ranging from 10-19 years-old. 
According to the National Statistic Office,  1.5 million children 
and youth between 15-19 years-old worked in both the formal sector 
(0.5 million) and informal sector (1 million).  In 2005, the 
Ministry of Labor estimated that approximately 300,000 children 15 
to 17 years-old were legally working and registered with RTG 
authorities, of whom 60 percent were male and 40 percent female). 
 
In a 2007 study, the Asian Research Center for Migration (ARCM) and 
the Labor Protection Network (LPN) collected both quantitative and 
qualitative data of Thai and foreign child workers ages 9-18 years 
in Samut Sakhon in order to assess the situation of the worst forms 
of child labor in the province.  The study covered children working 
in four sectors: fisheries (fishing boats), fishery-related jobs 
(peeling, scaling, filleting, packing, etc.), agricultural work, and 
domestic household labor (both housework and retail work). The 
research team identified 182 children (28.3 percent of those 
surveyed) engaged in the worst forms of child labor. The majority of 
these children were non-Thai or stateless, male and mostly age 15-17 
years-old.  Most were sent to work by their parents or relatives or 
made their own decision about starting to work.  According to the 
study, some degree of the worst forms of child labor was found in 
each of the four industries researched, but mostly in the fishing 
and fishing-related industries. 
 
A 2007 study done by a professor at Chulalongkorn University 
estimated that the number of street children will increase to 30,000 
in 2009.  Some of these children, evenly split between boys and 
girls, are employed in begging and selling flowers in urban areas 
such as Bangkok and Chiang Mai.  (Note: There is anecdotal evidence 
of children selling flowers in urban areas, such as in night markets 
and along the street.  Such labor may or may not be forced.  End 
Note).  In general, working conditions for child beggars are 
difficult and dangerous.  In a minority of cases, child street 
workers are recruited into the criminally controlled pedophilia 
market in places like the resort city of Pattaya (ref d).