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RUEHSV/AMEMBASSY SUVA 0403

UNCLAS SECTION 01 OF 32 BANGKOK 000499 
 
Department for G/TIP, EAP/RSP, INL, DRL, PRM 
Labor for ILAB 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KWMN PGOV PHUM PREF SMIG KFRD ASEC
TH 
SUBJECT: Thailand: Trafficking in Persons Report - 2008 
 
REF A: 08 STATE 132759 (REPORTING REQUEST) 
REF B: STATE 5577 (ADDITIONAL GUIDANCE FOR REPORTING) 
REF C: BANGKOK 237 (CHILD LABOR REPORT INPUT) 
REF D: 08 BANGKOK 3588 (PROGRESS ON TIP LAW) 
 
BANGKOK 00000499  001.4 OF 032 
 
 
Sensitive But Unclassified.  For Official Use Only. 
 
¶1.  (SBU) Summary: Despite various and sometimes mounting 
challenges, the Royal Thai Government (RTG) made significant efforts 
to combat human trafficking (TIP) in 2008.  Although Thailand's 
political turmoil resulted in five changes in Prime Minister over 
the course of the year, the RTG made considerable strides in the 
implementation of Thailand's comprehensive new anti-TIP law that 
came into force in June (ref. D).  They include making the drafting 
of multiple subordinate regulations to the law, the signing of two 
new regional MOUs by provincial authorities, and the development of 
operational guidelines for victim identification and for labor 
trafficking cases.  Thai authorities trained thousands of 
individuals (police, social workers, prosecutors, non-governmental 
organization representatives, etc.) on the new TIP law and how to 
most effectively put it to use through multidisciplinary teams.  In 
recognition of the status of adult males as TIP victims (codified by 
the new law), the RTG opened a new shelter for men (three others are 
planned) and expanded by 39 its existing network of temporary 
shelters for all victims.  Proceedings in the Ranya Paew case 
advanced, with a labor court ordering in November that $3,600,000 
baht (USD 109,010) in compensation be paid to the victims.  To 
develop their criminal case, law enforcement officials finished 
taking testimony from the 66 victims, paving the way for their 
repatriation by December.  In September, a Labor Court ordered that 
38 surviving crew members from the Prapha Navee fishing case receive 
3.8 million baht (108,571 USD) in back wages.  The criminal case 
involving the Anoma shrimp case advanced with defendants and victims 
providing statements to the court in February 2009.  In 2008, the 
RTG also signed a new TIP-related agreement with the government of 
Vietnam.  End Summary. 
 
¶2.  (SBU) Answers to questions provided by ref. A, paragraph 23 
follow: 
 
¶I. THE COUNTRY'S TIP SITUATION: 
 
-- A. WHAT IS (ARE) THE SOURCE(S) OF AVAILABLE INFORMATION ON 
TRAFFICKING IN PERSONS?  WHAT PLANS ARE IN PLACE (IF ANY) TO 
UNDERTAKE FURTHER DOCUMENTATION OF HUMAN TRAFFICKING?  HOW RELIABLE 
ARE THESE SOURCES? 
 
Information on trafficking in persons is widely available from many 
NGOs, UN agencies, and other international organization activities 
in Thailand, as well as from various Thai government agencies (e.g., 
Ministry of Foreign Affairs, Ministry of Social Development and 
Social Security, the Children and Women Protection Division (CWD) of 
the Royal Thai Police, Ministry of Labor, Office of the Attorney 
General, etc).  While most information collected from these 
organizations is reliable, information from the media is not always 
reliable and must be confirmed by other sources. 
 
-- B. IS THE COUNTRY A COUNTRY OF ORIGIN, TRANSIT, AND/OR 
DESTINATION FOR INTERNATIONALLY TRAFFICKED MEN, WOMEN, OR CHILDREN? 
DOES TRAFFICKING OCCUR WITHIN THE COUNTRY'S BORDERS?  IF SO, DOES 
INTERNAL TRAFFICKING OCCUR IN TERRITORY OUTSIDE OF THE GOVERNMENT'S 
CONTROL (E.G. IN A CIVIL WAR SITUATION)?  TO WHERE ARE PEOPLE 
TRAFFICKED?  FOR WHAT PURPOSES ARE THEY TRAFFICKED?  PROVIDE, WHERE 
POSSIBLE, NUMBERS OR ESTIMATES FOR EACH GROUP OF TRAFFICKING 
VICTIMS.  HAVE THERE BEEN ANY CHANGES IN THE TIP SITUATION SINCE THE 
LAST TIP REPORT (E.G. CHANGES IN DESTINATIONS)? 
 
Thailand is a country of origin, transit and destination for persons 
subjected to the worst forms of trafficking as defined by the 
Trafficking Victims Protection Act (TVPA). Trafficking occurs both 
across international borders and internally between rural and urban 
areas.  Migrants from neighboring countries (mostly from Burma, 
Cambodia, and Laos) are trafficked into Thailand.  Thai citizens are 
 
BANGKOK 00000499  002.4 OF 032 
 
 
trafficked into other countries in Northeast Asia, the Middle East, 
Africa, and Europe, and elsewhere. Trafficking activity occurs in 
the area around the Thailand-Malaysia border where political unrest 
hinders the RTG's ability to combat all crime. 
 
As a source country, in 2008, Thais were found to be trafficked, 
mostly for the sex trade and construction work, to Malaysia, 
Bahrain, Japan, South Africa, United Kingdom, Singapore, Australia, 
Hong Kong, Brunei, Taiwan, Vietnam, the United States, Turkey, 
Libya, Spain. As transit countries, people from North Korea, China, 
Vietnam, and Burma pass through Thailand to third countries such as 
Malaysia, Indonesia, Singapore, Russia, Western Europe, South Korea, 
and the United States.  As a destination country, people from 
neighboring countries (Cambodia, Burma, Laos, China, and Vietnam) 
and others as far off as Russia and Fiji are found to be trafficked 
into Thailand, mostly into urban areas such as Bangkok, Chiang Mai, 
Pattaya, Samut Prakarn, Samut Sakorn, and Songkla. 
 
There was no reliable estimate of the magnitude of the trafficking 
phenomenon in Thailand.  While NGOs reported a growing number of 
Burmese smuggled into Thailand seeking employment, they did not 
report human trafficking to be on the rise. There was general 
agreement among United Nation agencies, NGOs, and the RTG that only 
a small percentage of those engaged in prostitution in Thailand are 
either underage or are in involuntary servitude or debt bondage as 
defined by the TVPA, although serious problems remain.  While women 
and children (especially girls) have in the past tended to be the 
most frequent trafficking victims in Thailand, cases of labor 
exploitation involving migrant workers indicated that men are also 
at risk for labor trafficking. 
 
Evidence suggested that the trafficking of men, women and children 
into labor sectors such as commercial fisheries, fishing-related 
industries, or sweatshop work was a significant portion of all 
trafficking in Thailand. Children were also found to be trafficked 
into Bangkok or other urban areas and forced to sell flowers, beg, 
or work in domestic service, according to the NGO World Vision. Thai 
women were found to be trafficked abroad for sexual exploitation 
especially in Japan, UK and Australia. 
 
Studies done by United Nations agencies and NGOs found evidence of 
exploitation (including human trafficking) of Burmese migrants in 
the seafood processing sector, sometimes through debt bondage.  The 
NGO Rak Thai Foundation in Mahachai reported that Burmese women were 
targeted by rape gangs due to their illegal status and lack of 
knowledge about their rights and protections under Thai law.  UNIAP 
also reported that migrant workers were found to be vulnerable due 
to their language barrier, limited knowledge of Thai laws, as well 
as the withholding of travel documents, migrant registration cards, 
and/or work permits by employers. 
 
According to UNESCO and NGO studies, ethnic minorities resident in 
Thailand, such as an estimated 350,000 northern hill tribe people 
who have not received legal residency or citizenship, were at 
particular risk for trafficking.  Although absolute numbers of 
ethnic minority trafficking victims were not high, they were found 
in numbers disproportionate to their share of the population in 
Thailand. 
 
The Ministry of Social Development and Human Security (MSDHS) 
reported it assisted 622 TIP victims in 2008, 520 foreigners and 102 
Thai citizens.  Of the 622, 306 (roughly 50 percent) agreed to 
cooperate with law enforcement authorities on their cases 
investigation and prosecution. Only 35 of the 102 Thai victims 
agreed to cooperate on their cases investigation and prosecution. 
 
Number of trafficking victims assisted by MSDHS (Jan-Dec 2008) 
(Unit: Number of Persons): 
 
           Victims Proceed with Prosecution  Do Not Proceed 
 
           ------- ------------------------  -------------- 
Thai trafficking       44           6                 38 
 
BANGKOK 00000499  003.4 OF 032 
 
 
victims abroad 
 
Thai trafficking       58          29                 29 
victims in Thailand 
 
Foreign trafficking   520          271               249  victims in 
Thailand 
 
Total      622          306               316 
(Source: Dept. of Social Development and Welfare, MSDHS) 
 
The Children and Women Protection Division of the Royal Thai Police 
(CWD) reported that CWD alone (not including other police divisions) 
investigated 54 offenders of human trafficking cases, involving 82 
TIP victims.  Out of 54 offenders, 34, 12 and 8 were charged with 
forced prostitution, procuring prostitutes, and forced child labor, 
respectively. Statistics by types of crime and nationality follow: 
 
 
Number of TIP investigations by CWD (Jan-Dec 2008) 
(Unit: Number of Persons) 
   Number of offenders    Number of victims 
                   -----------------      ----------------- 
Forced prostitution         34                   19 
                   (33 Thai,1 Lao)          (17 Thai,2 Lao) 
 
Procuring for prostitution  12                   29 
 
Forced child labor     8                    34 
               (3 Thai, 5 Burm.)(2 Thai, 28 Burmese, 4 Lao) 
 
Total            54                   82 
       (36 Thai, 1 Lao, 5 Burm.) (19 Thai, 6 Lao, 28 Burm.) 
(Source: Children and Women Protection Division (CWD)) 
 
The Ministry of Foreign Affairs (MFA) Department of Consular Affairs 
reported 443 Thai nationals were classified as TIP victims abroad 
and repatriated to Thailand with MFA assistance in fiscal year 2008 
(October 2007-September 2008), compared to 403 and 397 victims in 
FY2007 and FY2006, respectively.  The breakdown by destination 
country follows: 
 
Number of Thai TIP victims abroad who were repatriated back to 
Thailand (Oct 07-Sep 08) 
 (Unit: Number of Persons) 
Destination   FY 2006      FY2007        FY 2008 
----------    -------      -------       -------- 
Bahrain         236         368            360 
Singapore         9          14              3 
Malaysia         39          12             73 
South Africa     20           3              1 
Saudi Arabia      0           3              0 
Hong Kong         2           2              1 
Japan             3           1              0 
United Kingdom    5           0              0 
Taiwan            0           0              5 
Total           397         403            443 
(Source: Department of Consular Affairs, Ministry of Foreign 
Affairs) 
 
The Ministry of Social Development and Human Security (MSDHS) 
reported that 3,772 foreign women and children were classified as 
TIP victims in Thailand and received assistance and protection at 
MSDHS shelters between 1999-2008, that 2,553 (68 percent) were 
repatriated back to their home country, and approximately 292 people 
remained in MSDHS shelters at the end of 2008.  The breakdown by 
country of origin follows: 
 
Number of Foreign TIP victims in the government shelters. (1999 - 
Dec 2008)(Unit: Number of Persons) 
Nationality  Assisted Repatriated Other* Remain in shelters 
----------   --------  --------   -----    -------------- 
Cambodia       1,235      968      245            22 
 
BANGKOK 00000499  004.4 OF 032 
 
 
Burma          1,121      623      308           190 
 
Laos           1,336      915      347            74 
China             32       21       10             1 
 
Vietnam           26       20        3             3 
Other             22        6       14             2 
Total          3,772    2,553      927           292 
* victims referred/transferred to other agencies, fled from the 
shelter, etc. 
(Source: Department of Social Development and Welfare, MSDHS) 
 
-- C. WHAT KIND OF CONDITIONS ARE THE VICTIMS TRAFFICKED INTO? 
 
Thai and foreign victims found themselves in situations of forced or 
bonded labor, forced commercial sexual exploitation, domestic 
servitude, or other exploitive conditions. 
 
UNIAP reported that the sectors in which trafficked persons were 
most commonly found in Thailand were those involving sexual 
exploitation, begging, domestic work, factory work, agriculture, 
fishing, and fishing-related industries.  The conditions that 
victims were trafficked into varied from mild to severe.  In some 
cases, factory workers were forced to work long hours with few 
safety precautions, experienced health problems, were vulnerable to 
violence, and worked without pay or less pay than promised.  In 
fishing-related industries, workers at times remained at sea for 
long periods (3 months to 1 year), did not receive pay, and were 
threatened or physically beaten.  In the commercial sex industry, 
women were at times locked-up and forced to work with multiple 
clients. 
 
-- D. VULNERABILITY TO TIP: ARE CERTAIN GROUPS OF PERSONS MORE AT 
RISK OF BEING TRAFFICKED (E.G. WOMEN AND CHILDREN, BOYS VERSUS 
GIRLS, CERTAIN ETHNIC GROUPS, REFUGEES, IDPS, ETC.)? 
 
Women, children, migrants, ethnic minorities, and stateless people 
along the Thai-Burmese border were more at risk.  The majority of 
people trafficked to Thailand were migrants from Burma, Laos, and 
Cambodia who often had no valid visa or work permit, did not speak 
Thai, had no knowledge of Thai Law, nor understand how to access to 
Thai justice system, according to the UNIAP.  Newly arrived migrants 
were generally more at risk.  UNESCO identified lack of citizenship 
as the greatest risk factor for highland girls and women in Thailand 
to being trafficked or otherwise exploited.  Regarding Cambodian 
victims, many appeared to be males (especially those newly arrived) 
trafficked onto fishing boats. Women trafficked were found in 
sweatshops, the sex trade, and domestic service while children were 
found in the agricultural sector and in small-scale shops.  Boys and 
adult male victims were mostly found in the fishing (and related) 
industries, agriculture, and construction work. 
 
-- E. TRAFFICKERS AND THEIR METHODS: WHO ARE THE 
TRAFFICKERS/EXPLOITERS?  ARE THEY INDEPENDENT BUSINESS PEOPLE? 
SMALL OR FAMILY-BASED CRIME GROUPS?  LARGE INTERNATIONAL ORGANIZED 
CRIME SYNDICATES?  WHAT METHODS ARE USED TO APPROACH VICTIMS?  FOR 
EXAMPLE, ARE THEY OFFERED LUCRATIVE JOBS, SOLD BY THEIR FAMILIES, OR 
APPROACHED BY FRIENDS OF FRIENDS?  WHAT METHODS ARE USED TO MOVE THE 
VICTIMS (E.G., ARE FALSE DOCUMENTS BEING USED?).  ARE EMPLOYMENT, 
TRAVEL, AND TOURISM AGENCIES OR MARRIAGE BROKERS INVOLVED WITH OR 
FRONTING FOR TRAFFICKERS OR CRIME GROUPS TO TRAFFIC INDIVIDUALS? 
 
Traffickers ranged from opportunistic individuals to organized 
networks.  According to UNIAP, traffickers bringing victims into 
Thailand generally did not need a high level of organization, 
whereas those bringing victims from Thailand to foreign destinations 
required more organized networks and financing.  As a destination 
country, Thailand's somewhat porous borders made undocumented entry 
from Burma, Laos, and Cambodia relatively easy.  False documents are 
reportedly used considerably in Thailand, which is made easier by 
the complex registration system for migrant workers.  Regarding 
migrant children, traffickers reportedly offered cash to the child's 
parents (especially those in Cambodia or Burma) to take their child 
 
BANGKOK 00000499  005.4 OF 032 
 
 
to a city to earn money by selling flowers or begging. 
 
A study conducted by UNIAP in collaboration with an NGO on brokers 
and agents in Samut Sakorn indicated that brokers were sometimes a 
family member, a friend, or a stranger. They acted as a legitimate 
work-oriented service facilitator, or as an exploiter and/or a 
trafficker. The study found that brokers were of both Thai and 
Burmese origin and worked in networks, collaborating with employers 
and at times with individual law enforcement officials. 
Exploitation was found in cases of brokers charging excessive 
transportation fees, charging high release fees for workers who 
wanted to change their place of work, selling trafficked victims to 
employers, or charging workers for work registration services. 
Brokers and employers could further increase their control over 
workers by withholding their identity documents so that workers 
could not change employers (thereby limiting their freedom of 
movement).  Some migrants had to pay fees before their journey to 
Thailand and worked to pay off their recruitment and transportation 
fees after beginning to earn income. 
 
Selling of victims by family members went virtually unreported in 
Thailand. 
 
As a source country, CWD reported that most Thai trafficking victims 
were lured by traffickers who were friends, relatives or employment 
agents and who promised legitimate work. Most Thai victims 
trafficked abroad used air transport and fraudulent documents. 
 
II. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: 
 
-- A. DOES THE GOVERNMENT ACKNOWLEDGE THAT TRAFFICKING IS A PROBLEM 
IN THE COUNTRY?  IF NOT, WHY NOT? 
 
The Thai government acknowledges human trafficking is a serious 
problem in Thailand and has made substantial efforts to address it. 
In 1997, the government passed the Measures in Prevention and 
Suppression of Trafficking in Women and Children Act which aims to 
protect women and children from sexual exploitation.  In June 2008, 
the new Anti-Trafficking in Persons Act came into force and replaced 
the 1997 Act. The new law criminally prohibits all forms of TIP, 
including forced child labor, other forms of forced labor, and the 
trafficking of males (ref A).   The law provides the basis for an 
improved anti-TIP architecture within the Royal Thai Government 
(RTG) and new tools to combat trafficking.  The law provides for 
assistance to women, children and men who have become victims of 
trafficking through activities related to prostitution, pornography, 
sexual abuse, forced labor and forced organ trade.  It intensifies 
punishment against traffickers, shields victims from prosecution, 
provides victims with legal rehabilitation, and provides for the 
concealment of their identities and those of their families. 
 
Since the 2008 law came into force, the Royal Thai Government (RTG) 
has taken substantial steps to implement it (ref. D).  The RTG 
identified $1.7 million to endow a new anti-TIP fund available to 
government and non-governmental organizations.  The RTG is 
establishing exclusively for male TIP victims four new shelters, one 
of which is already in use.  With the help of members of civil 
society, relevant RTG ministries published guidelines to improve the 
victim identification process as well as TIP operations specifically 
targeting labor trafficking cases.  Thai law enforcement and 
civilian officials trained thousands of individuals on the new TIP 
law, including police officers, immigration officers, prosecutors, 
social workers, and members of civil society. 
 
The Ministry of Social Development and Human Security (MSHDS) 
created a Coordinating and Monitoring of Anti-Trafficking in Persons 
Committee (CMP) sub-committee to develop subordinate regulations to 
the new TIP Law, essential to its effective implementation.  The 
sub-committee consists of government officials from relevant 
agencies, academics, and representatives from civil society.  The 
six implementing regulations developed thus far aim to: 
-- establish rules regarding the protection and use of documents or 
information related to TIP offenses, 
 
BANGKOK 00000499  006.4 OF 032 
 
 
-- establish norms on the registration of non-governmental 
organizations (NGOs) and the assistance they provide during anti-TIP 
operations, 
--  establish, and manage the operation of, an Anti-Trafficking in 
Persons Fund to finance anti-TIP programs of the RTG, provincial 
governments, police, NGOs, and others. 
-- improve the provision of temporary protection for trafficking 
victims, 
-- establish rules governing TIP victim assistance, repatriation, 
and compensation, and 
-- define "competent official" to determine which official has 
authority to perform certain duties under the law. 
 
According to MSDHS, in September 2005, the RTG allocated 100 million 
baht (USD 2.85 million) to government activities to combat human 
trafficking.  From September 2005 to January 2009, 53.68 million 
baht (USD 1.54 million) had been disbursed.  Of the 53.68 million 
baht, 47.76 million baht (89 percent) was used for 21 investigation 
and interrogation activities, 60 trainings, and 8 awareness raising 
campaigns. Another 5.03 million baht was provided to trafficking 
victims and 0.8 million baht was used for the rescue and 
repatriation of trafficking victims abroad.  In 2008, 3.11 million 
baht (88,857 USD) was used for both investigation and interrogation 
activities (2 million baht) and for distribution to 124 trafficked 
victims (1.1 million baht). 
 
-- B. WHICH GOVERNMENT AGENCIES ARE INVOLVED IN ANTI-TRAFFICKING 
EFFORTS AND WHICH AGENCY, IF ANY, HAS THE LEAD? 
 
The new TIP law stipulated the RTG must establish an 
Anti-Trafficking in Persons Committee (ATP) chaired by the Prime 
Minister and a Coordinating and Monitoring of Anti-Trafficking in 
Persons Committee (CMP) chaired by a Deputy Prime Minister. 
According to MSDHS, the RTG has set-up the two committees but, due 
to Thailand's political turmoil in 2008, the committees' first 
meetings were delayed.  The first meeting of the ATP took place on 
February 23, 2009. 
 
The government agency responsible for coordinating the RTG's 
anti-TIP work is the Ministry of Social Development and Human 
Security (MSDHS).  Other RTG entities involved include the Ministry 
of Labor (MOL), the Ministry of Tourism and Sports, the Ministry of 
Interior, the Ministry of Foreign Affairs, the Ministry of Justice, 
the Ministry of Education, the Bureau of University Affairs, the 
Ministry of Public Health, the Ministry of Industry, the Ministry of 
Agriculture and Agricultural Cooperatives, the Attorney General's 
office, the Royal Thai Police (RTP), the Department of Special 
Investigation (DSI), the Office of the National Human Rights 
Commission, and the Office of the Prime Minister. 
 
Different agencies take the lead on different aspects of anti-TIP 
work, depending on the nature of the activities involved.  With 
regard to investigation and prosecution, the Children and Women 
Protection Division (CWD) of the Royal Thai Police (RTP) was 
established in July 2005 as a specialized division for investigating 
crimes involving children, juveniles, women, and laborers. 
According to the MFA, in 2008, the Transnational Crime Coordination 
Center (TCCC) was set up in the Royal Thai Police to be a 
specialized unit responsible for collecting and analyzing 
information, strategic planning, and coordinating work on eleven 
types of transnational crimes (including human trafficking).  The 
Department of Special Investigations (DSI) also designated five 
officers to work specifically on human trafficking.  Likewise, the 
Immigration Police Office designated officers in each province to 
work with the MOL's Department of Employment to identify potential 
victims and to provide them assistance with the support from MSDHS. 
 
MSDHS' National Operation Center on Prevention and Suppression of 
Human Trafficking (NOCHT) is a focal point to coordinate prevention 
and suppression of TIP with relevant RTG agencies. This office, led 
by the Deputy Permanent Secretary of MSDHS, is also assigned to be 
the secretariat of the two national-level TIP committees (ATP and 
CMP).  At the provincial level, 75 Provincial Operation Centers on 
 
BANGKOK 00000499  007.4 OF 032 
 
 
Prevention and Suppression of Human Trafficking (POCHT) have been 
formed, reporting to a central coordinating committee.  MSDHS' 
Bureau of Anti-Trafficking in Woman and Children (BATWC) is 
responsible for providing general assistance, shelter, and 
protection to victims of human trafficking. MSDHS is also 
responsible for training the RTG's multi-disciplinary teams as well 
as awareness raising campaigns nationwide to prevent human 
trafficking. 
 
-- C. WHAT ARE THE LIMITATIONS ON THE GOVERNMENT'S ABILITY TO 
ADDRESS THIS PROBLEM IN PRACTICE?  FOR EXAMPLE, IS FUNDING FOR 
POLICE OR OTHER INSTITUTIONS INADEQUATE?  IS OVERALL CORRUPTION A 
PROBLEM?  DOES THE GOVERNMENT LACK THE RESOURCES TO AID VICTIMS? 
 
Thailand is a migration hub in Southeast Asia with a relatively 
prosperous economy that attracts migrants from neighboring countries 
who flee conditions of poverty and, in the case of Burma, political 
and military repression as well.  TIP-related transnational 
organized crime has been facilitated by modern communications 
technology and transportation links, allowing traffickers to take 
advantage of income inequalities within Thailand and between 
countries. 
 
In Thailand, there were additional factors contributing to human 
trafficking, including a lack of educational opportunities and 
occupational training for migrants, budgetary shortfalls affecting 
the provision of social services, strong demand for sexual services 
in the tourism and entertainment sectors, and an increasing supply 
of migrant laborers.  In some sectors, especially domestic services 
and fishing or fisheries related industries, employers relied on 
migrant workers (registered or otherwise) to fill jobs in which Thai 
citizens have shown little interest. 
 
Police operations were limited by poorly centralized data collection 
capabilities, limited funds, and a lack of continuity of 
investigations due to frequent personnel rotations and turnover. 
Similarly, prosecutors' offices are understaffed and lack sufficient 
resources to effectively see cases through to conclusion.  Resources 
for protection, both financial and human, within the Ministry of 
Labor were also limited.  Observers reported that cooperation 
between the police and prosecutors to effectively bring TIP cases to 
successful prosecution is an area requiring improvement. 
 
-- D. TO WHAT EXTENT DOES THE GOVERNMENT SYSTEMATICALLY MONITOR ITS 
ANTI-TRAFFICKING EFFORTS (ON ALL FRONTS -- PROSECUTION, VICTIM 
PROTECTION, AND PREVENTION) AND PERIODICALLY MAKE AVAILABLE, 
PUBLICLY OR PRIVATELY AND DIRECTLY OR THROUGH REGIONAL/INTERNATIONAL 
ORGANIZATIONS, ITS ASSESSMENTS OF THESE ANTI-TRAFFICKING EFFORTS? 
 
According to section 16(5) of the 2008 Anti-Trafficking in Persons 
Act, the ATP must direct and supervise the arrangement of study or 
research projects and the development of an integrated database 
system to benefit the prevention and suppression of trafficking in 
persons. Section 40 of the Act stipulates that MSDHS shall prepare 
an annual report regarding Thailand's TIP situation, including 
guidelines for future activities. 
 
Since 2007, the Thai government has increased its efforts to report 
regularly on its anti-trafficking efforts in publications, 
international forums and seminars.  A website, 
www.humantrafficking.go.th/en_index.php, is run by MHDHS and 
includes news on government and NGOs activities as well as media 
report on human trafficking.  The Centre Against International Human 
Trafficking in the Office of Attorney General (OAG) has been, since 
mid-2008, developing a system to monitor the prosecution of human 
trafficking cases on which it works.  The system, however, is not 
yet operational. 
 
The RTG participated in research and monitoring programs run by 
organizations such as the United Nations Inter-Agency Project on 
Human Trafficking (UNIAP), the International Labor Organization's 
International Program to Eliminate Child Labor (ILO-IPEC), the 
International Organization for Migration (IOM), and the UN Office on 
 
BANGKOK 00000499  008.4 OF 032 
 
 
Drugs and Crime (UNODC). 
 
III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
-- A. EXISTING LAWS AGAINST TIP: DOES THE COUNTRY HAVE A LAW OR LAWS 
SPECIFICALLY PROHIBITING TRAFFICKING IN PERSONS -- BOTH FOR SEXUAL 
EXPLOITATION AND LABOR?  IF SO, PLEASE SPECIFICALLY CITE THE NAME OF 
THE LAW(S) AND ITS DATE OF ENACTMENT AND PROVIDE THE EXACT LANGUAGE 
[ACTUAL COPIES PREFERABLE] OF THE TIP PROVISIONS.  PLEASE PROVIDE A 
FULL INVENTORY OF TRAFFICKING LAWS, INCLUDING NON-CRIMINAL STATUTES 
THAT ALLOW FOR CIVIL PENALTIES AGAINST ALLEGED TRAFFICKING CRIMES 
(E.G., CIVIL FORFEITURE LAWS AND LAWS AGAINST ILLEGAL DEBT). DOES 
THE LAW(S) COVER BOTH INTERNAL AND TRANSNATIONAL FORMS OF 
TRAFFICKING?  IF NOT, UNDER WHAT OTHER LAWS CAN TRAFFICKERS BE 
PROSECUTED?  FOR EXAMPLE, ARE THERE LAWS AGAINST SLAVERY OR THE 
EXPLOITATION OF PROSTITUTION BY MEANS OF FORCE, FRAUD, OR COERCION? 
ARE THESE OTHER LAWS BEING USED IN TRAFFICKING CASES? 
 
Thailand passed a comprehensive new anti-TIP law in 2007 that came 
into force on June 5, 2008 (ref D).  Thailand's full complement of 
laws regarding TIP follows: 
 
Prevention and Suppression of Trafficking Act (2008) 
----------------------------- 
-- This comprehensive anti-trafficking law replaced the 1997 
Prevention and Suppression of Woman and Children Trafficking Law. 
The new law allows for men to be classified as TIP victims (and 
entitled to relevant legal protections) as well as women and 
children, and covers both internal and external (transnational) 
forms of TIP. 
 
-- The forms of trafficking covered by the new law extend to 
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 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 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 Act stipulates that a fund for protection and suppression of 
human trafficking shall be established to (a) provide assistance and 
welfare protection to trafficked victims, (b) support suppression 
and prevention of human trafficking, and (c) assist trafficked 
victims to return to their place of residence.  The fund shall draw 
upon annual budgetary support from the government, funding from 
intergovernmental and international organizations, donations from 
the private sector and confiscated assets of trafficking offenders. 
 
Criminal Code (1956) 
--------------------- 
-- Defines punishment for a person who procures, lures, detains, 
traffics, distributes, or transports aQan or woman for an indecent 
sexual purpose, with or without his or her consent.  It also defines 
punishment for a pimp, a trafficker for labor exploitation, and 
human smuggler. 
 
Immigration Act (1979) 
---------------------- 
--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. 
 
BANGKOK 00000499  009.4 OF 032 
 
 
 
Prevention and Suppression of Prostitution Act (1996) 
----------------------------- 
-- Prohibits all forms of prostitution and provides specific 
penalties for cases involving children under the age of 18.  Fines 
and terms of imprisonment under the Act are based on the age of the 
child involved, with more severe terms established for prostitution 
involving younger children.  Penalties are imposed for those 
involved in child prostitution including customers, procurers, 
brothel owners, and those who force children into prostitution, 
including parents. 
 
Criminal Code Amendment (no.14) (1997) 
------------------------------------ 
-- Imposes strong penalties on persons who sexually exploit women 
and 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 law, however, does not cover 
adult males. 
 
Labor Protection Act (1998) 
--------------------------- 
-- Protects child employees (under 18 years old) against the worst 
forms of child labor by imposing penalties on those hire children 
under 15 years old and those who employed children between 15-18 
years old in hazardous work or without appropriate rest periods.  In 
addition, the law also imposes penalties on employers of child labor 
who fail to notify labor inspectors regarding their employment of 
young workers. 
 
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. 
 
Criminal Procedure Amendment Act (No. 20) (1999) 
-------------------------------- 
-- Revises the Criminal Procedure Code to protect children from 
traumatic stress resulting from interviews, inquiries and the court 
trial process.  In its revised form, the law requires that there be 
a social worker, a psychologist, an attorney, or a person requested 
by the child during investigation and trial.  Further, videotape 
recording shall be used to take the statement of the child victim or 
witness in order to prevent the child from repeated traumatic 
interviews.  It also allows a child to give testimony before the 
offender or his peers have a chance to contact the child or the 
child's family for the purpose of bribery or intimidation. 
 
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 school shall be 
subjected to a fine of 1,000 baht (USD 29). 
 
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 
 
BANGKOK 00000499  010.4 OF 032 
 
 
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, and 
to promote the social welfare, safety, and protection of children. 
 
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 52 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 protect child and female 
laborers. 
 
The Amendment of the Alien Employment Act (2008) 
----------------------------------------- 
-- Systematizes 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 (285-2,857 
USD) 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. 
 
-- B. PUNISHMENT OF SEX TRAFFICKING OFFENSES: WHAT ARE THE 
PRESCRIBED AND IMPOSED PENALTIES FOR TRAFFICKING PEOPLE FOR SEXUAL 
EXPLOITATION? 
 
The Anti-TIP Act prescribes punishment for labor recruiters, labor 
agents and employers if they commit TIP offenses in accordance with 
three general elements of TIP, namely: actions, means and purposes 
as provided in Section 6 of the Act. 
 
For a trafficker who is an individual person: 
- If a trafficking offense is committed against an adult, penalties 
are 4-10 years imprisonment and a fine of 80,000 to 200,000 baht 
(2,285-5,714 USD). 
- If a trafficking 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 (3,429-6,857 USD). 
- If a trafficking 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 (4,571 - 8,571 USD). 
 
 
BANGKOK 00000499  011.4 OF 032 
 
 
For a trafficker who/which is incorporated as a business 
- a trafficker who/which is incorporated as a business shall be 
liable to a fine of 200,000 to 1,000,000 baht (5,714-28,571 USD) 
(NOTE: this provision is intended to be in addition to the penalty 
on individuals above, not instead of it. 
- if an incorporated person/entity commits an offense due to an 
order or act of a person (e.g., the entity's Director), or through 
this person's negligence, the Director shall be subjected to 
penalties between 6-12 years and fine of 120,000-240,000 baht 
(3,429-6,857 USD). 
 
Criminal Code Amendment no.14 (1997) makes a distinction between 
"voluntary" victims and "involuntary" victims (a "voluntary" victim 
is defined as someone who entered his/her situation voluntarily, 
despite the illegal exploitation he/she may have endured). 
 
If the victims are voluntary, the Criminal Code prescribes penalties 
for human trafficking for sexual exploitation as follows: 
-- if victims are over 18 years old, 1-10 years imprisonment and 
fines of 2,000-20,000 Baht (57-571 USD); 
-- if victims are between 15 and 18 years old, 3-15 years 
imprisonment and fines of 6,000-30,000 Baht (171-857 USD); 
-- if victims are under 15 years old,  5-20 years imprisonment and 
fines of 10,000-40,000 Baht (286-1,143 USD). 
 
If the victims are involuntary, the Criminal Code prescribes 
penalties for trafficking people for sexual exploitation as 
follows: 
-- if victims are over 18 years old, 5-20 years imprisonment and 
fines of 10,000-40,000 Baht (286-1,143 USD); 
-- if victims are between 15 and 18 years old, 7-20 years 
imprisonment and fines of 14,000-40,000 Baht (400-1,143 USD), or 
life imprisonment 
-- if victims are under 15 years old, 10-20 years imprisonment and 
fines of 20,000-40,000 Baht (571-1,143 USD), or life imprisonment. 
 
-- C. PUNISHMENT OF LABOR TRAFFICKING OFFENSES: WHAT ARE THE 
PRESCRIBED AND IMPOSED PENALTIES FOR TRAFFICKING FOR LABOR 
EXPLOITATION, SUCH AS FORCED OR BONDED LABOR?  IF YOUR COUNTRY IS A 
SOURCE COUNTRY FOR LABOR MIGRANTS, DO THE GOVERNMENT'S LAWS PROVIDE 
FOR CRIMINAL PUNISHMENT -- I.E. JAIL TIME -- FOR LABOR RECRUITERS 
WHO ENGAGE IN RECRUITMENT OF WORKERS USING KNOWINGLY FRAUDULENT OR 
DECEPTIVE OFFERS WITH THE PURPOSE OF SUBJECTING WORKERS TO 
TRAFFICKING IN THE DESTINATION COUNTRY?  IF YOUR COUNTRY IS A 
DESTINATION FOR LABOR MIGRANTS, ARE THERE LAWS PUNISHING EMPLOYERS 
OR LABOR AGENTS WHO CONFISCATE WORKERS' PASSPORTS OR TRAVEL 
DOCUMENTS FOR THE PURPOSE OF TRAFFICKING, SWITCH CONTRACTS WITHOUT 
THE WORKER'S CONSENT AS A MEANS TO KEEP THE WORKER IN A STATE OF 
SERVICE, OR WITHHOLD PAYMENT OF SALARIES AS MEANS OF KEEPING THE 
WORKER IN A STATE OF SERVICE? 
 
Various Thai laws impose penalties for different aspects of labor 
trafficking offenses: 
 
Anti-Human Trafficking Act (2008) 
--------------------------------- 
The Anti-TIP Act prescribes punishment for labor recruiters, labor 
agents and employers if they commit TIP offenses in accordance with 
three general elements of TIP, namely: actions, means and purposes 
as provided in Section 6 of the Act. 
 
For a trafficker who is an individual person: 
- If a trafficking offense is committed against an adult, penalties 
are 4-10 years imprisonment and a fine of 80,000 to 200,000 baht 
(2,286-5,714 USD). 
- If a trafficking 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 (3,429-6,857 USD). 
- If a trafficking 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 (4,571 - 8,571 USD). 
 
For a trafficker who/which is incorporated as a business 
 
BANGKOK 00000499  012.2 OF 032 
 
 
- a trafficker who/which is incorporated as a business shall be 
liable to a fine of 200,000 to 1,000,000 baht (5,714-28,571 USD) 
(NOTE: this provision is intended to be in addition to the penalty 
on individuals above, not instead of it. 
- if an incorporated person/entity commits an offense due to an 
order or act of a person (e.g., the entity's Director), or through 
this person's negligence, the Director shall be subjected to 
penalties between 6-12 years and fine of 120,000-240,000 baht 
(3,428-6,857 USD). 
 
Labor Employment Act 
-------------------- 
- If an individual lures a victim into work in Thailand (i.e., 
domestically, without crossing borders), the penalties are up to 3 
years imprisonment or fines not exceeding 60,000 baht (1,714 USD) or 
both. 
-If an individual without a license lures a person to work abroad, 
the penalties are 3-10 years imprisonment and fines 60,000- 200,000 
baht (1,714-5,714 USD). 
- If an individual lures a person to work or to be trained abroad 
through fraud, the penalties are 3-10 years imprisonment and fines 
60,000-200,000 baht (1,714-5,714 USD). 
 
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 5,714) 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 2,857) 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 
5,714) or both. 
- Forcing an adult to work more than 36 hours per week are subjected 
to a penalty of not exceeding 6 months imprisonment or fines not 
exceeding 100,000 baht (USD 2,857) or both. 
- Forcing an adult to work continuously more than 5 hours per day 
without at least 1 hour break shall be subjected to fines of not 
exceeding 20,000 baht (571 USD). 
 
 
The Criminal Code Act 
--------------------- 
The Criminal Code prescribes criminal penalties for a person who 
detains, confines, lures, procures, traffics, or forces an 
individual into slave-like situations as follows: 
 
--Section 312: 
- if victims are is an adult, an offender will be subjected to the 
imprisonment not exceeding 7 years and fines not exceeding 14,000 
baht (400 USD); 
 
--Section 312(2): 
- if victims are under 15 years old, an offender will be subjected 
to 3-10 years imprisonment and fines not exceeding 20,000 baht (571 
USD); 
-if victims are abused physically or mentally, an offender will be 
subjected to 5-15 years imprisonment and fines not exceeding 30,000 
baht (857 USD); 
-if victims are seriously injured, an offender will be subjected to 
Life-time imprisonment or between 7-20 years imprisonment; 
-if victims die, an offender will be subject to the death penalty or 
life-time imprisonment or between 15-20 years imprisonment. 
 
--Section 312(3): 
-A person who receives, distributes, procures, lures or transports a 
person 15-18 years old, shall be subjected to not exceeding 5 years 
imprisonment or fines of not exceeding 10,000 baht (285 USD) or 
both. 
- A person who receives, distributes, procures, lures or transports 
a person under 15 years old, shall be subjected to not exceeding 7 
years imprisonment or fines of not exceeding 14,000 baht (400 USD) 
 
BANGKOK 00000499  013.2 OF 032 
 
 
or both. 
 
-- D. WHAT ARE THE PRESCRIBED PENALTIES FOR RAPE OR FORCIBLE SEXUAL 
ASSAULT? 
 
In 2008, the RTG imposed stronger penalties on those who commit rape 
or forcible sexual assault through the amended criminal code as 
follows: 
 
Criminal Code Amendment (no.19) (2008) 
-------------------------------------- 
--Section 276 (amendment no.19, 2008): 
-In the case of forced rape or forcible sexual exploitation, between 
4-20 years imprisonment or fines between 8,000-40,000 baht 
(229-1,143 USD).  If an offender uses a weapon or is involved in a 
group rape, between 15-20 years imprisonment and fines between 
30,000-40,000 baht (857-1,143 USD), or life imprisonment. 
 
--Section 277 (amendment no.19, 2008): 
In the case of sexual exploitation: 
-If the victims are under 13 years old, penalties are 7-20 years 
imprisonment, and fines between 14,000-40,000 Baht (400-1,143 USD) 
or life imprisonment. 
-If the victims are under 15 years old, penalties are 4-20 years 
imprisonment, and fines between 8,000-40,000 Baht (228-1,143 USD). 
-If an offender uses a weapon or is involved in a group rape, life 
imprisonment. 
 
--If an offender who commits a crime under section 276 and 277 and 
causes a victim to be seriously injured, the offender shall be 
subjected to 15-20 years imprisonment and fines between 
30,000-40,000 baht (857-1,143 USD) or life imprisonment. 
 
--If an offender commits a crime under section 276 and 277 and 
causes a victim to die, the offender shall be subjected to the death 
penalty or life imprisonment. 
 
--If an offender commits a crime under section 276 and 277 and uses 
a weapon or is involved in a group rape that causes a victim to be 
seriously injured, the offender shall be subjected to the death 
penalty or life imprisonment. 
 
--If an offender commits a crime under section 276 and 277 and uses 
a weapon or is involved in a group rape that causes a victim to die, 
the offender shall be subjected to the death penalty. 
 
Prevention and Suppression of Prostitution Act (1996) 
--------------------------------------------- - 
If a person detains, confines, threatens, forces, tortures or rapes 
others into prostitution, the penalties are 10-20 years imprisonment 
and fines of 200,000-400,000 baht (5,714-11,429 USD).  The law also 
provides for offenders to receive a life sentence if responsible for 
serious injury to prostitutes and the death penalty if prostitutes 
are killed.  The law also punishes those who assist an offender who 
harms a prostitute. 
 
-- E. LAW ENFORCEMENT STATISTICS: DID THE GOVERNMENT PROSECUTE ANY 
CASES AGAINST HUMAN TRAFFICKING OFFENDERS DURING THE REPORTING 
PERIOD?  IF SO, PROVIDE NUMBERS OF INVESTIGATIONS, PROSECUTIONS, 
CONVICTIONS, AND SENTENCES IMPOSED, INCLUDING DETAILS ON PLEA 
BARGAINS AND FINES, IF RELEVANT AND AVAILABLE.  PLEASE NOTE THE 
NUMBER OF CONVICTED TRAFFICKERS WHO RECEIVED SUSPENDED SENTENCES AND 
THE NUMBER WHO RECEIVED ONLY A FINE AS PUNISHMENT. PLEASE INDICATE 
WHICH LAWS WERE USED TO INVESTIGATE, PROSECUTE, CONVICT, AND 
SENTENCE TRAFFICKERS.  ALSO, IF POSSIBLE, PLEASE DISAGGREGATE 
NUMBERS OF CASES BY TYPE OF TIP (LABOR VS. COMMERCIAL SEXUAL 
EXPLOITATION) AND VICTIMS (CHILDREN UNDER 18 YEARS OF AGE VS. 
ADULTS).  IF IN A LABOR SOURCE COUNTRY, DID THE GOVERNMENT 
CRIMINALLY PROSECUTE LABOR RECRUITERS WHO RECRUIT WORKERS USING 
KNOWINGLY FRAUDULENT OR DECEPTIVE OFFERS OR BY IMPOSING FEES OR 
COMMISSIONS FOR THE PURPOSE OF SUBJECTING THE WORKER TO DEBT 
BONDAGE?  DID THE GOVERNMENT IN A LABOR DESTINATION COUNTRY 
CRIMINALLY PROSECUTE EMPLOYERS OR LABOR AGENTS WHO CONFISCATE 
 
BANGKOK 00000499  014.2 OF 032 
 
 
WORKERS' PASSPORTS/TRAVEL DOCUMENTS FOR THE PURPOSE OF TRAFFICKING, 
SWITCH CONTRACTS OR TERMS OF EMPLOYMENT WITHOUT THE WORKER'S CONSENT 
TO KEEP WORKERS IN A STATE OF SERVICE, USE PHYSICAL OR SEXUAL ABUSE 
OR THE THREAT OF SUCH ABUSE TO KEEP WORKERS IN A STATE OF SERVICE, 
OR WITHHOLD PAYMENT OF SALARIES AS A MEANS TO KEEP WORKERS IN A 
STATE OF SERVICE?  WHAT WERE THE ACTUAL PUNISHMENTS IMPOSED ON 
PERSONS CONVICTED OF THESE OFFENSES?  ARE THE TRAFFICKERS SERVING 
THE TIME SENTENCED?  IF NOT, WHY NOT? 
 
The Thai Royal Police's Children and Women Protection Division (CWD) 
reported that CWD alone (not including other police divisions) 
investigated 54 offenders of human trafficking cases, involving 82 
TIP victims. Out of the 54 offenders, 34, 12 and 8 were charged for 
forced prostitution, procurement for the purpose of prostitution, 
and forced child labor respectively. Statistics by type of crime and 
nationality (when available) are as follows: 
 
Number of TIP investigations by CWD (Jan-Dec 2008) 
(Unit: Number of Persons) 
   Number of offenders    Number of victims 
                   -----------------      ----------------- 
Forced prostitution         34                   19 
                   (33 Thai,1 Lao)          (17 Thai,2 Lao) 
 
Procuring for prostitution  12                   29 
 
Forced child labor     8                    34 
               (3 Thai, 5 Burm.)(2 Thai, 28 Burmese, 4 Lao) 
 
Total            54                   82 
       (36 Thai, 1 Lao, 5 Burm.) (19 Thai, 6 Lao, 28 Burm.) 
(Source: Children and Women Protection Division (CWD)) 
 
Instances of major TIP cases prosecuted (both open and complete) in 
2008, as well as details of other well-known cases with new 
information during 2008, follow: 
 
On March 10, 2008, the immigration police, NGOs and social workers 
conducted a raid in a shrimp peeling factory, "Anoma."  Out of 316 
workers, 73 were identified as victims of trafficking. On September 
18, 2008, the Ministry of Labor's Department of Labor Protection and 
Welfare (DLPW) ordered the employers to provide compensation to 
victims for unpaid wages, over time and holiday payments within 30 
days. When the factory owner failed to comply, DLPW prepared civil 
charges to bring before the courts. The police filed criminal 
charges against six offenders (the factory owner and her brother, as 
well as four Burmese labor brokers) with the Office of the Attorney 
General on August 19, 2008.  A preliminary hearing was conducted on 
October 13, 2008.  The defendants and victims provided statements to 
the court in February 2009.  The offenders are charged with forcing 
people into a slave-like situation; procuring, transporting and 
detaining a person; and assisting the smuggling of migrants into 
Thailand illegally (under the Criminal Code Act, Immigration Act, 
Alien Employment Act, Labor Protection Act, and the Prevention and 
Suppression of Trafficking in Women and Children Act). 
 
Chamroen Intrasombat, 41 years old from Udonthani, was arrested in 
April 2008 for allegedly kidnapping a 10 year-old boy to sell 
handicraft products to train passengers.  The boy said he went with 
Mr. Chamroen because he promised to buy him a toy gun. Mr. Chamroen, 
who had been prosecuted three times on abduction charges, had been 
released from jail in February 2007 after serving 4 years and 4 
months for kidnapping children. 
 
In June 2008, a criminal court sentenced a 63 year-old woman, Ms. 
Jomsri Srisam-aung, to 14 years in prison for trafficking two young 
women (in their 20s and 30s) to Italy for prostitution. The two 
women were lured from their home town in northeast Thailand with the 
promise of work in Ms. Jomsri's daughter's restaurant in Italy. 
However, when they arrived in Italy, they were told no jobs existed 
and they were forced to work as prostitutes.  The women were later 
rescued by Italian police and sent home in 2006. 
 
 
BANGKOK 00000499  015.2 OF 032 
 
 
On June 26, 2008, a female Thai labor broker, Ms. Luck Petchumpol, 
was sentenced by the Bangkok Criminal Court to 94 years and 90 
months imprisonment under the Thai Penal Code and the Prevention and 
Suppression of Prostitution Act.  The maximum imprisonment was later 
reduced to 50 years imprisonment.  Ms. Petchumpol was charged with 
taking minors (ages eleven and fourteen) away from their parents 
without permission for the purpose of sexual exploitation.  An 
American citizen, to whom the children were provided, was also 
sentenced to 16 years for offenses related to sexual intercourse and 
indecent acts with children, but was released on bond pending 
appeal. 
 
The Children and Women Protection Division (CWD) arrested a Burmese 
woman on July 14, 2008 on charges of child exploitation and human 
trafficking.  The victim, a 16 year-old Burmese girl, was forced to 
sell flowers at night in Bangkok since she was 10 years old.  The 
victim reported being beaten if she did not earn enough money. 
 
On July 30 2008, a task force composed of police, social welfare 
officers, and an NGO official rescued 10 girls and women from the 
"Ice Karaoke" bar in Payao province.  The team identified 6 victims 
of trafficking among them, from 14-18 years old (one 14, one 15, 
three 17, and one 18 years old).  The victims remain in a government 
welfare shelter. Criminal proceedings are underway against two 
individuals, the owner of the establishment and an individual 
charged with procuring for purposes of prostitution.  Prosecutors 
are also seeking damages in the amount of 100,000 baht (2,857 USD) 
per victim. 
 
On September 14, 2006, police raided the "Ranya Paew" shrimp 
processing factory in Samut Sakhon after being tipped off by local 
labor activists.  Police identified 66 victims of trafficking in the 
factory.  Victims (mostly Burmese) lived in squalid conditions where 
they were forced to work, beaten, and unable to leave.  After being 
rescued, all 66 victims (63 female and 3 male) were sent to MSDHS 
shelters.  Out of 66 victims, 4 were family members who were allowed 
to live together in one of the shelters.  In October 2008, a Thai 
labor court awarded 3,600,000 Baht (USD 102,857) in compensation to 
the 66 victims and the RTG helped pay the plaintiffs' attorney fees. 
 The police interviewed 66 victims between December 2006-March 2008 
and other witnesses before filing with prosecutors, in July 2008, 
criminal charges against three factory owners for (1) detaining or 
confining workers (2) putting workers into slavery situations, (3) 
receiving, distributing, procuring, or luring workers, and (4) 
conspiring with more than 2 people to commit crimes against women 
and children. The public prosecutor requested that the court allow 
for pre-trial witness statements from 23 victims, while 43 victims 
were sent back to Burma on October 16, 2008.  To repatriate these 43 
victims, the RTG coordinated with the Burmese government.  The 
repatriated victims were reportedly sent to the Mao Lum Yai shelter 
in Burma where they stayed for 11 days before returning to their 
homes.  The 23 victims who volunteered to provide pre-trial 
statements were repatriated on December 3, 2008 through a process 
that involved NGOs and international organizations. 
 
A fleet of six fishing vessels (called "Prapha Navee") returned to a 
Thai port in July 2006, and reported 39 deaths among their 
crewmembers of over 100.  Survivors testified that the cause of 
death was starvation and malnutrition due to the failure of the 
fleet captains to provide food, and that the bodies of the 39 
deceased were thrown overboard.  In September 2008, a Labor Court 
ordered 38 surviving crew members receive 3.8 million baht (108,571 
USD) in back wages; the decision is under appeal.  Meanwhile, new 
police investigators have reportedly taken over the case as the 
original criminal investigation stalled.  To date, no arrests have 
been made. 
 
Christopher Paul Neil, a Canadian who was serving 3 years and 3 
months in prison for sexually abusing a 13-year-old boy, was 
sentenced November 14, 2008 to 9 years in prison on 3 additional 
charges of abusing a 9 year-old-boy.  The court ordered Neil to pay 
50,000 baht (1,429 USD) compensation to the boy's family. 
 
 
BANGKOK 00000499  016.2 OF 032 
 
 
-- F. DOES THE GOVERNMENT PROVIDE ANY SPECIALIZED TRAINING FOR 
GOVERNMENT OFFICIALS IN HOW TO RECOGNIZE, INVESTIGATE, AND PROSECUTE 
INSTANCES OF TRAFFICKING? SPECIFY WHETHER NGOS, INTERNATIONAL 
ORGANIZATIONS, AND/OR THE USG PROVIDE SPECIALIZED TRAINING FOR HOST 
GOVERNMENT OFFICIALS. 
 
In 2008, the RTG developed "Guidelines on Trafficked Victim 
Identification" for use by police officers, immigration officers, 
social workers and members of civil society to better identify 
potential trafficking victims under Thailand's new TIP law.  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 that various types of supporting evidence 
should be considered when identifying trafficking victims (i.e., 
evidence of physical abuse or psychological trauma, etc). 
 
In addition, the Ministry of Labor (MOL), working with other 
concerned ministries, developed "Operational Guidelines for Labor 
Trafficking," formally agreed upon in April 2008.  The guidelines 
were established to improve coordination among members of 
multi-disciplinary teams, consisting of both government and 
non-government officials, during labor trafficking operations (i.e., 
rescue and protection).  MOL contacts report that trainings on these 
guidelines are being planned for officials within the ministry. 
 
In light of the 2008 Anti-TIP laws and Guidelines on Trafficked 
Victim Identification, the RTG conducted the following 
anti-trafficking workshops and training sessions in 2008: 
 
-- The Royal Thai Police and MSDHS co-conducted numerous one-day 
trainings for police officers that focused on the Anti-TIP law and 
victim identification process.  MSDHS reported that 2,500 police 
received training in FY 2008 and that an additional 2,500 would be 
reached in FY 2009. 
 
-- The Office of Welfare Promotion, Protection, and Empowerment of 
Vulnerable Groups (OPP) under the Ministry of Social Development and 
Human Security (MSDHS) organized two "National Trainings on Human 
Trafficking" for approximately 80 frontline officers (members of 
multidisciplinary teams, both governmental and civil society 
members) in September 2008, to provide a better understanding on the 
new anti-TIP law and related procedures.  These trainings, part of 
which Embassy officials attended, spanned three to five days with 
the goal of developing lasting relationships among attendees to 
improve their coordination efforts.  From 2006 to June 2008 when the 
new anti -TIP law came into force, MSDHS trained an additional 706 
individuals on victim protection and assistance. 
 
-- In 2008, the Center Against International Human Trafficking 
(CAHT) of the Office of the Attorney General organized 10 workshops 
for prosecutors nationwide, including 550 participants, on effective 
prosecution of TIP cases.  An Embassy-based prosecutor specializing 
in TIP cases participated in 4 of these workshops. 
 
-- The Ministry of Justice's Rights and Liberties Protection 
Department trained approximately 25 victim/witness specialists, with 
assistance from the Embassy.  The one-day training course focused on 
how to more effectively involve victims and witnesses of TIP cases 
in the criminal justice process. 
 
--MSDHS organized 3-day training courses for approximately 350 
social workers who work at victim shelters. 
 
--G. DOES THE GOVERNMENT COOPERATE WITH OTHER GOVERNMENTS IN THE 
INVESTIGATION AND PROSECUTION OF TRAFFICKING CASES?  IF POSSIBLE, 
PROVIDE THE NUMBER OF COOPERATIVE INTERNATIONAL INVESTIGATIONS ON 
TRAFFICKING DURING THE REPORTING PERIOD. 
 
BANGKOK 00000499  017.2 OF 032 
 
 
 
The Thai government has strengthened cooperation against TIP through 
bilateral and multilateral agreements among the countries in the 
Greater Mekong Sub-region (GMS), as follows: 
 
-- Cambodia: the MOU between Thailand and  Cambodia on Bilateral 
Cooperation for Eliminating Trafficking in Children and Women and 
Assisting Victim of Trafficking, was signed on May 31, 2003.  This 
MOU covers cooperation in 3 areas: 1) return and reintegration, 2) 
prosecution process guidelines and 3) information sharing. 
 
-- GMS: the MOU on Coordinated Mekong Ministerial Initiative against 
Trafficking (COMMIT) was signed on October 29, 2004. This joint 
declaration among six Mekong sub-region countries affirms a 
political commitment to eradicating all forms of TIP in the Greater 
Mekong sub region. Member countries reviewed the achievements of the 
first Sub-regional Plan of Action (SPA) in 2005- 2007 and endorsed 
the Second SPA 2008-2010 focusing on 7 areas: 1) Training and 
Capacity Building, 2) National Plans of Action, 3) Multilateral and 
Bilateral Partnerships, 4) Legal Frameworks, Law Enforcement, and 
Justice, 5) Victim Identification, Protection, Recovery and 
Reintegration, 6) Preventive Measures, and 9) Cooperation with the 
Tourism Sector.  In November 5-6 2008 COMMIT meetings, COMMIT 
countries agreed to invite Malaysia to join the Initiative. 
 
-- Laos: the MOU between Thailand and Laos on Cooperation to Combat 
Trafficking in Persons, Especially Women and Children, was signed on 
July 31, 2005.  On February 6-8, 2006,  Laos and Thailand endorsed 
the Bilateral Action Plan and Guidelines on Procedures of Victim 
Return and Victim Rehabilitation, Especially Women and Children. 
 
-- Vietnam: the MOU between Thailand and Vietnam on Cooperation to 
Combat Trafficking in Persons was signed on March 24, 2008.  The 
Prime Ministers of both countries signed an agreement regarding 
future cooperation between Vietnam and Thailand in the fight against 
human trafficking, especially of women and children.  In September 
2008, a bilateral meeting to develop a joint action plan took place. 
 The plan developed includes: (i) setting up a bilateral working 
group to combat human trafficking, (ii) assessing the bilateral 
human trafficking situation and providing recommendations for 
preventive measures, (iii) collaborating on the provision of 
protection and repatriation of TIP victims, and (iv) coordinating on 
prevention measures as well as prosecution and investigation through 
the sharing and exchange of information and experience. 
 
-- Burma: In April 2008, the RTG and Burmese government agreed on a 
draft MOU on Cooperation to Combat Trafficking in Persons. The draft 
MOU covers prevention, protection, prosecution, repatriation, and 
collaboration. The draft MOU is reportedly being reviewed by the 
Burmese Ministry of Foreign Affairs.  While the MOU was not yet in 
effect, the Thai government worked closely with the Burmese 
government in 2008 to repatriate the 66 TIP victims from the Ranya 
Paew case. 
 
-- Malaysia: The RTG proposed in July 2007 that Thailand and 
Malaysia sign a MOU on Cooperation to Combat Trafficking in Persons. 
 The RTG sent a draft MOU to the Malaysian government for 
consideration, although there was reportedly no progress in this 
area.  Nonetheless, after Thailand's new anti-TIP law came into 
force in June 2008, Malaysian police and Thai CWD police jointly 
participated in two trainings on TIP laws during 2008. 
 
-- Australia: MSDHS and the Australian Federal Police (AFP) are 
reportedly developing a draft MOU on cooperation on the repatriation 
of trafficked victims and dissemination of information to the 
public. In addition, on July 4, 2008, the RTG signed an MOU with the 
Asia Regional Trafficking in Persons Project (ARTIP), funded by the 
Australian government, to support law enforcement and capacity 
building on investigatory and prosecution processes. 
 
Moreover, CWD officers collaborated in the investigation and 
prosecution of human trafficking cases with their counterparts in 
countries such as England, Australia, Germany, Belgium, Cambodia, 
 
BANGKOK 00000499  018.2 OF 032 
 
 
Burma, Malaysia, Indonesia, and Sweden. 
 
-- H. DOES THE GOVERNMENT EXTRADITE PERSONS WHO ARE PERSONS CHARGED 
WITH TRAFFICKING IN OTHER COUNTRIES? IF SO, PLEASE PROVIDE THE 
NUMBER OF TRAFFICKERS EXTRADITED DURING THE REPORTING PERIOD, AND 
THE NUMBER OF TRAFFICKING EXTRADITIONS PENDING. IN PARTICULAR, 
PLEASE REPORT ON ANY PENDING OR CONCLUDED EXTRADITIONS OF 
TRAFFICKING OFFENDERS TO THE UNITED STATES. 
 
According to the RTG, in 2008, the Office of the Attorney General 
(OAG) dealt with 5 requests for mutual legal assistance and 1 
request for TIP-related extradition.  The extradition case remains 
under consideration. 
 
-Q. IS THERE EVIDENCE OF GOVERNMENT INVOLVEMENT IN OR TOLERANCE OF 
TRAFFICKING, ON A LOCAL OR INQTUTIONAL LEVEL?  IF SO, PLEASE 
EXPLAIN IN DETAIL. 
 
TherQs no evidence of government involvement in or tolerance of 
trafficking on an institutional level.  Post has received some 
information on allegations that one to two local government 
officials were individually involved in a transnational human 
trafficking case.  A UN agency that received at least some of this 
information deemed it too preliminary and incomplete to raise with 
the RTG.  Some observers suspected corruption at the local-level, 
but credible and detailed information has not been forthcoming. 
 
-- J. IF GOVERNMENT OFFICIALS ARE INVOLVED IN TRAFFICKING, WHAT 
STEPS HAS THE GOVERNMENT TAKEN TO END SUCH PARTICIPATION?  PLEASE 
INDICATE THE NUMBER OF GOVERNMENT OFFICIALS INVESTIGATED AND 
PROSECUTED FOR INVOLVEMENT IN TRAFFICKING OR TRAFFICKING-RELATED 
CORRUPTION DURING THE REPORTING PERIOD.  HAVE ANY BEEN CONVICTED? 
WHAT SENTENCE(S) WAS IMPOSED?  PLEASE SPECIFY IF OFFICIALS RECEIVED 
SUSPENDED SENTENCES, OR WERE GIVEN A FINE, FIRED, OR REASSIGNED TO 
ANOTHER POSITION WITHIN THE GOVERNMENT AS PUNISHMENT.  PLEASE 
INDICATE THE NUMBER OF CONVICTED OFFICIALS THAT RECEIVED SUSPENDED 
SENTENCES OR RECEIVED ONLY A FINE AS PUNISHMENT. 
 
According to section 12 of the 2008 Anti-TIP law, government 
officials who are involved in or commit crimes under the Act shall 
be subjected to double the punishment stipulated for such offense. 
Post was not aware of government officials investigated or 
prosecuted for involvement in trafficking or trafficking-related 
corruption during the reporting period. 
 
-- K. IS PROSTITUTION LEGALIZED OR DECRIMINALIZED? SPECIFICALLY, ARE 
THE ACTIVITIES OF THE PROSTITUTE CRIMINALIZED?  ARE THE ACTIVITIES 
OF THE BROTHEL OWNER/OPERATOR, CLIENTS, PIMPS, AND ENFORCERS 
CRIMINALIZED?  ARE THESE LAWS ENFORCED?  IF PROSTITUTION IS LEGAL 
AND REGULATED, WHAT IS THE LEGAL MINIMUM AGE FOR THIS ACTIVITY? 
NOTE THAT IN COUNTRIES WITH FEDERALIST SYSTEMS, PROSTITUTION LAWS 
MAY BE UNDER STATE OR LOCAL JURISDICTION AND MAY DIFFER AMONG 
JURISDICTIONS. 
 
In Thailand, prostitution is illegal under the "Prevention and 
Suppression of Prostitution Act of 1996."  This Act outlaws the 
receipt, procurement, or owning of a venue for the purposes of, 
prostitution.  The activities of a prostitute are criminalized in 
certain circumstances, but not in cases when a prostitute is forced 
or influenced in a way that makes her/him unable to refuse. 
However, these provisions are not strictly enforced.  The penalties 
as listed in the "Prevention and Suppression of Prostitution Act of 
1996" follow: 
 
-- Prostitutes 
- If a person who, for the purpose of prostitution, solicits, 
induces, introduces herself or himself to, follows or importunes a 
person in a street, public place or any other place, which is 
committed openly and shamelessly or causes nuisance to the public, 
he/she shall be liable to a fine not exceeding 1,000 Baht (29 USD). 
- If a person associates with another person in a prostitution 
establishment for the purpose of prostitution of oneself or another 
person, he/she shall be liable to up to 1 month imprisonment and 
 
BANGKOK 00000499  019.2 OF 032 
 
 
fines not exceeding 1,000 Baht (29 USD), or both. 
-- Customers 
-If prostitutes are between 15 - 18 years old, penalties are 1-3 
years imprisonment and fines between 20,000-60,000 baht (571-1,714 
USD). 
-If prostitutes are under 15 years old, penalties are 2-6 years 
imprisonment and fines between 40,000-100,000 baht (1,143-2,857 
USD). 
 
-- Procurers 
-If prostitutes are over 18 years old, penalties are 1-10 years 
imprisonment and fines between 20,000-200,000 Baht (571-5,714 USD). 
 
-If prostitutes are 15-18 years old, penalties are 5-15 years 
imprisonment and fines between 100,000-300,000 Baht (2,857-8,571 
USD). 
-If prostitutes are under 15 years old, penalties are 10-20 years 
imprisonment and fines between 200,000-400,000 Baht (5,714-11,429 
USD). 
 
-- Venue Owners 
-If prostitutes are over 18 years old, penalties are 3-15 years 
imprisonment and fines between 60,000-300,000 baht (1,714-8,571 
USD). 
-If prostitutes are 15-18 years old, penalties are 5-15 years 
imprisonment and fines between 100,000-300,000 baht (2,857-8,571 
USD). 
-If prostitutes are under 15 years old, penalties are 10-20 years 
imprisonment and fines between 200,000-400,000 baht (5,714-11,429 
USD). 
 
-- Parents (if complicit in "selling" a minor) 
-For prostitutes under 18 years old, penalties are 4-20 years 
imprisonment and fines between 80,000-400,000 baht (2,286-11,429 
USD). 
 
If a person detains, confines, threatens, forces, tortures or rapes 
others into prostitution, the penalties are 10-20 years imprisonment 
and fines of 200,000-400,000 baht (5,714-11,429 USD).  The law also 
provides for offenders to receive a life sentence if responsible for 
serious injury to prostitutes and the death penalty if prostitutes 
are killed.  The law also punishes those who assist an offender who 
harms a prostitute. If offenders are government officials, the 
penalties are 15-20 years imprisonment and fines between 
300,000-400,000 baht (8,571-11,429 USD). 
 
According to the RTG's National Statistics Office, the Ministry of 
Justice reported that 514 cases were prosecuted under the Prevention 
and Suppression of Prostitution Act of 1996 in the Criminal, Appeal 
and Supreme Courts. Statistics are as follows: 
 
          Criminal Court  Appeals Court  Supreme Court 
          --------------  -------------   ------------ 
2006           12              54             353 
2007           17              72             425 
 
-- L. FOR COUNTRIES THAT CONTRIBUTE TROOPS TO INTERNATIONAL 
PEACEKEEPING EFFORTS, PLEASE INDICATE WHETHER THE GOVERNMENT 
VIGOROUSLY INVESTIGATED, PROSECUTED, CONVICTED AND SENTENCED 
NATIONALS OF THE COUNTRY DEPLOYED ABROAD AS PART OF A PEACEKEEPING 
OR OTHER SIMILAR MISSION WHO ENGAGED IN OR FACILITATED SEVERE FORMS 
OF TRAFFICKING OR WHO EXPLOITED VICTIMS OF SUCH TRAFFICKING. 
 
Per ref. A, paragraph 27 (G), not applicable. 
 
-- M. IF THE COUNTRY HAS AN IDENTIFIED PROBLEM OF CHILD SEX TOURISTS 
COMING TO THE COUNTRY, WHAT ARE THE COUNTRIES OF ORIGIN FOR SEX 
TOURISTS?  HOW MANY FOREIGN PEDOPHILES DID THE GOVERNMENT PROSECUTE 
OR DEPORT/EXTRADITE TO THEIR COUNTRY OF ORIGIN?  IF YOUR HOST 
COUNTRY'S NATIONALS ARE PERPETRATORS OF CHILD SEX TOURISM, DO THE 
COUNTRY'S CHILD SEXUAL ABUSE LAWS HAVE EXTRATERRITORIAL COVERAGE 
(SIMILAR TO THE U.S. PROTECT ACT) TO ALLOW THE PROSECUTION OF 
SUSPECTED SEX TOURISTS FOR CRIMES COMMITTED ABROAD?  IF SO, HOW MANY 
 
BANGKOK 00000499  020.2 OF 032 
 
 
OF THE COUNTRY'S NATIONALS WERE PROSECUTED AND/OR CONVICTED DURING 
THE REPORTING PERIOD UNDER THE EXTRATERRITORIAL PROVISION(S) FOR 
TRAVELING TO OTHER COUNTRIES TO ENGAGE IN CHILD SEX TOURISM? 
 
According to Embassy-based law enforcement officers, the countries 
of origin for sex tourists are Germany, the U.K, the U.S.A, Canada, 
New Zealand, Australia, and to a lesser extent, Japan. Approximately 
20 child sex perpetrators were prosecuted in 2008 and at least 2 
were deported back to their country of origin.  In 2008, two Thai 
women were convicted and sentenced to prison for brokering children 
for prostitution. 
 
According to the RTG, in 2008, the Office of the Attorney General 
received three requests for mutual legal assistance and five 
requests for extradition relating to child sexual abuse. Two 
extradition cases are pending trial in court.  One case involves a 
fugitive. Two cases, which require additional documentation, are 
under consideration by prosecutors. 
 
IV) PROTECTION AND ASSISTANCE TO VICTIMS: 
-- A.  WHAT KIND OF PROTECTION IS THE GOVERNMENT ABLE UNDER EXISTING 
LAW TO PROVIDE FOR VICTIMS AND WITNESSES?  DOES IT PROVIDE THESE 
PROTECTIONS IN PRACTICE? 
 
Under the Law 
------------------ 
According to the 2008 Anti-TIP law, MSDHS shall provide assistance 
as appropriate to a trafficked person, including food, shelter, 
medical treatment, physical and mental rehabilitation, education, 
training, legal aid, return to the country of origin or domicile, 
and legal assistance with the processing of compensation. 
Trafficking victims have the right to receive information regarding 
the timeframe of the delivery of assistance, and their consultation 
regarding the delivery of assistance is to be sought. 
 
The Act also stipulates that officials shall provide for the safety 
and protection of trafficking victims under their care, as well as 
that of the victims' family members (if also trafficked). 
Trafficking victims who cooperate with the prosecution of their case 
as witnesses shall be protected under the law and will be allowed to 
temporarily remain in Thailand and work while their case proceeds. 
 
 
The Act states that for Thai nationals trafficked abroad who want to 
return to Thailand or their country of residence, the RTG shall 
assist without delay, and consider the victims safety and welfare. 
For trafficking victims abroad who are not Thai, but reside, are 
domiciled, and/or have been granted temporary status to remain in 
Thailand under Thai law, the RTG shall assist their return to 
Thailand should the victim desire. 
 
Section 41 of the Act stipulates that unless the Minister of Justice 
grants permission in writing, trafficking victims can not be 
prosecuted for entering, leaving, or residing in Thailand illegally, 
for giving false information to government officials, for forging or 
using a forged travel document, for prostitution, or for working 
illegally.  Government officials, in providing assistance, may place 
the trafficked person in the care of a government or private welfare 
center. 
 
In Practice 
------------- 
MSDHS operated 138 temporary shelters (up from 99 shelters in 2007), 
located in every province to provide temporary shelter for victims 
during the first 24 hours after their rescue or receipt of 
assistance by the State (or 7 days with court permission).  After 24 
hours, victims are transferred to 8 main centers located throughout 
Thailand.  In addition, NGOs often also provide protection for 
victims immediately after their rescue and may assist in the 
prosecution of traffickers.  According to the RTG, between 1999 and 
2008, approximately 3,772 foreign TIP victims received protection 
and assistance in government shelters.  Of them, 2,553 were 
eventually repatriated.  Government shelters are able to provide 
 
BANGKOK 00000499  021.2 OF 032 
 
 
sufficient protection, rehabilitation, and training to trafficking 
victims.   While some victims are engaged in income generating 
activities within the government shelters in which they reside, the 
RTG has not yet developed a system through which victims can work 
outside the shelters (many of whom are undocumented migrants).  TIP 
experts have suggested the first step toward addressing this 
problem, should the RTG intend to do so, would be the provision of 
identification cards.  Should they have entered Thailand illegally, 
victims could use these cards to leave the shelters unsupervised and 
without fearing deportation. 
 
Thai embassies provide consular protection to Thai citizens who face 
difficulties overseas.  Limited fund are available to assist the 
repatriation of Thai victims of trafficking abroad.  In 2008, Thai 
embassies assisted the return of 443 Thais to Thailand.  Most were 
construction workers held in conditions of debt bondage and/or 
indentured servitude.  As called for in the new Anti-TIP law, MSDHS 
reported a new anti-TIP fund of 60 million baht (approximately USD 
1.7 million) should be available in March 2009 to finance anti-TIP 
activities of both government agencies and NGOs. 
 
-- B.  DOES THE COUNTRY HAVE VICTIM CARE FACILITIES (SHELTERS OR 
DROP-IN CENTERS) WHICH ARE ACCESSIBLE TO TRAFFICKING VICTIMS?  DO 
FOREIGN VICTIMS HAVE THE SAME ACCESS TO CARE AS DOMESTIC TRAFFICKING 
VICTIMS?  WHERE ARE CHILD VICTIMS PLACED (E.G., IN SHELTERS, FOSTER 
CARE, OR JUVENILE JUSTICE DETENTION CENTERS)?  DOES THE COUNTRY HAVE 
SPECIALIZED CARE FOR ADULTS IN ADDITION TO CHILDREN? DOES THE 
COUNTRY HAVE SPECIALIZED CARE FOR MALE VICTIMS AS WELL AS FEMALE? 
DOES THE COUNTRY HAVE SPECIALIZED FACILITIES DEDICATED TO HELPING 
VICTIMS OF TRAFFICKING? ARE THESE FACILITIES OPERATED BY THE 
GOVERNMENT OR BY NGOS?  WHAT IS THE FUNDING SOURCE OF THESE 
FACILITIES?  PLEASE ESTIMATE THE AMOUNT THE GOVERNMENT SPENT (IN 
U.S. DOLLAR EQUIVALENT) ON THESE SPECIALIZED FACILITIES DEDICATED TO 
HELPING TRAFFICKING VICTIMS DURING THE REPORTING PERIOD. 
 
During 2008, the RTG, through MSDHS, operated 138 temporary shelters 
(up from 99 in 2007) and 8 main welfare homes (four for adult women 
and children, three homes for boys, and one new home for adult males 
and their families) that provide assistance to both Thai and foreign 
TIP victims.  Baan Kredtakarn Protection and Occupational 
Development Center is an internationally-prominent welfare home that 
serves as a shelter, school, vocational learning center, and return 
and reintegration facility for TIP victims.  Through the shelters, 
MSHDS's Bureau of Anti-Trafficking in Women and Children (BATWC) 
provides support to TIP victims, responding to both their physical 
and psychological needs. 
 
The Ministry of Social Development and Human Security (MSDHS) 
reported that 3,772 foreign women and children were classified as 
TIP victims in Thailand and received assistance and protection at 
MSDHS shelters between 1999 and 2008.  Of them, 2,553 (68 percent) 
were repatriated back to their home country, and approximately 292 
remained in MSDHS shelters at the end of 2008.  The breakdown by 
country of origin follows: 
 
Number of Foreign TIP victims in the government shelters. (1999 - 
Dec 2008)(Unit: Number of Persons) 
Nationality  Assisted Repatriated Other* Remain in shelters 
----------   --------  --------   -----    -------------- 
Cambodia       1,235      968      245            22 
Burma          1,121      623      308           190 
 
Laos           1,336      915      347            74 
China             32       21       10             1 
 
Vietnam           26       20        3             3 
Other             22        6       14             2 
Total          3,772    2,553      927           292 
* victims referred/transferred to other agencies, fled from the 
shelter, etc. 
(Source: Department of Social Development and Welfare, MSDHS) 
 
-- C.  DOES THE GOVERNMENT PROVIDE TRAFFICKING VICTIMS WITH ACCESS 
 
BANGKOK 00000499  022.2 OF 032 
 
 
TO LEGAL, MEDICAL AND PSYCHOLOGICAL SERVICES? IF SO, PLEASE SPECIFY 
THE KIND OF ASSISTANCE PROVIDED. DOES THE GOVERNMENT PROVIDE FUNDING 
OR OTHER FORMS OF SUPPORT TO FOREIGN OR DOMESTIC NGOS AND/OR 
INTERNATIONAL ORGANIZATIONS FOR PROVIDING THESE SERVICES TO 
TRAFFICKING VICTIMS?  PLEASE EXPLAIN AND PROVIDE ANY FUNDING AMOUNTS 
IN U.S. DOLLAR EQUIVALENT.  IF ASSISTANCE PROVIDED WAS IN-KIND, 
PLEASE SPECIFY EXACT ASSISTANCE.  PLEASE SPECIFY IF FUNDING FOR 
ASSISTANCE COMES FROM A FEDERAL BUDGET OR FROM REGIONAL OR LOCAL 
GOVERNMENTS. 
 
Eight main government shelters provide several types of support to 
trafficked victims as follows: 
-- food and accommodations; 
-- medical care; 
-- counseling services; 
-- psychological assistance programs; 
-- education (e.g. computer training, English courses); 
-- vocational training (e.g. sewing and knitting, dressmaking, 
weaving, arts and crafts, cooking, painting, etc.); 
-- recreational services and social activities (e.g. library, 
entertainment room, music class, sport classes, religious 
activities, sightseeing); 
-- early childcare; 
-- life-skills education (e.g. risk management and problem solving 
techniques); 
-- reintegration and family assistance programs to help prepare 
victims before repatriation and reintegration with their families 
during and after their stay in the shelter. 
 
There is limited direct funding provided by the RTG to foreign or 
domestic NGOs for services to victims.  However, the government 
provides in-kind assistance in the form of technical support, 
personnel, and facilities to NGOs active in anti-trafficking 
activities.  For example, a joint NGO-government trafficking task 
force in Chiang Mai is located in the provincial hall.  Government 
office space and stipends for volunteers are also provided to the 
National Council for Child and Youth Development, a non-governmental 
umbrella organization that includes anti-trafficking activities in 
its mandate. 
 
According to MSDHS, in September 2005, the RTG allocated 100 million 
baht to government activities to combat human trafficking.  In 2008, 
3.11 million baht (88,857 USD) was used for both investigation and 
interrogation activities (2 million baht) and for distribution to 
124 trafficked victims (1.1 million baht). 
 
In addition, as called for in the new Anti-TIP law, MSDHS reported a 
new anti-TIP fund of 60 million baht (approximately USD 1.7 million) 
should be available in March 2009 to finance anti-TIP activities of 
both government agencies and NGOs. 
 
-- D. DOES THE GOVERNMENT ASSIST FOREIGN TRAFFICKING VICTIMS, FOR 
EXAMPLE, BY PROVIDING TEMPORARY TO PERMANENT RESIDENCY STATUS, OR 
OTHER RELIEF FROM DEPORTATION?  IF SO, PLEASE EXPLAIN. 
 
The RTG allows those classified as foreign TIP victims to receive 
shelter and social services pending repatriation to their country of 
origin.  Between 1999 and 2008, approximately 3,772 foreign TIP 
victims received protection and assistance in government shelters. 
Of them, 2,553 (68 percent) were repatriated.  In 2008 alone, 
shelter officials reported they provided protection and social 
services for 520 foreign trafficking victims including 45 Cambodian, 
252 Burmese, 214 Laotian, 3 Vietnamese, and 6 others.  The RTG 
provides the following assistance to foreigners trafficked into 
Thailand: 
-- temporary protection and rehabilitation as well as vocational 
training 
-- collaboration with families, other governments, and NGOs for safe 
repatriation 
-- immunity from charges of crimes associated with the TIP victims' 
status (i.e., illegal immigration, prostitution, etc.). 
 
Furthermore, RTG officials cooperated with other governments, NGOs, 
 
BANGKOK 00000499  023.2 OF 032 
 
 
and international organizations to facilitate safe repatriation 
processes and follow-up monitoring overseas. 
 
A 2005 Cabinet Resolution established guidelines for the return of 
stateless residents abroad who have been identified as TIP victims 
and who can be proved to have had prior residency in Thailand. 
These stateless residents can be given residency status in Thailand 
on a case-by-case basis. 
 
-- E. DOES THE GOVERNMENT PROVIDE LONGER-TERM SHELTER OR HOUSING 
BENEFITS TO VICTIMS OR OTHER RESOURCES TO AID THE VICTIMS IN 
REBUILDING THEIR LIVES? 
 
During 2008, the RTG, through MSDHS, operated 138 temporary shelters 
(up from 99 in 2007) and 8 main welfare homes (four for adult women 
and children, three homes for boys, and one new home for adult males 
and their families).  With the Anti-Trafficking Act coming into 
force in June 2008, the RTG determined to set-up four new shelters 
exclusively for male TIP victims.  One of them, in Thailand's 
central province of Pathumthani, has been used since October 2008. 
The three additional adult-male shelters are expected to be set up 
in Chiang Rai (Northern region), Songkla (Southern region), and 
Ranong (Eastern region) in FY 2009.  RTG officials have allowed TIP 
victims who are family members to remain together, with at least one 
case of a male TIP victim living in the new male TIP victim shelter 
with his family. 
 
-- F. DOES THE GOVERNMENT HAVE A REFERRAL PROCESS TO TRANSFER 
VICTIMS DETAINED, ARRESTED OR PLACED IN PROTECTIVE CUSTODY BY LAW 
ENFORCEMENT AUTHORITIES TO INSTITUTIONS THAT PROVIDE SHORT- OR 
LONG-TERM CARE (EITHER GOVERNMENT OR NGO-RUN)? 
 
Thailand has regional MOUs (between provinces within one region) on 
cooperation to combat human trafficking.  These MOUs provide 
practical guidelines on coordination of raid/rescue operations, and 
protection and referral processes that involve relevant members of 
government agencies and NGOs (working in what are referred to as 
multidisciplinary teams).  MOUs for the northeastern and eastern 
regions were signed in 2006 and the MOUs for the northern and 
southern regions were signed in 2007.  MOUs covering the central 
region were the last signed in 2008 (one covering the lower central 
region signed in May and one covering the upper central region in 
July).  To ensure effective collaboration among agencies in 
implementing these MOUs, MSDHS trained 706 individuals between 2006 
and June 2008. Approximately 80 additional people were trained in 
September 2008 using a curriculum updated since the new Anti-TIP Act 
came into force. 
 
The regional MOUs provide procedures to the Provincial Operation 
Center on Prevention and Suppression of Human Trafficking (POCHT) in 
each province.  They generally state the POCHT shall coordinate with 
members of their multidisciplinary teams (e.g., social workers, 
health care officials, psychologists, etc.).  Under these 
procedures, trafficking victims are transferred to government or 
NGO- run shelters as appropriate. If there is a reason to believe a 
victim shall be endangered in a particular shelter, the chief of the 
shelter or POCHT secretariat can request the police provide 
protection under the 2003 Witness Protection Act. 
 
In addition to the regional MOUs, the Ministry of Labor (MOL), 
working with other concerned ministries, developed "Operational 
Guidelines for Labor Trafficking," which were formally agreed upon 
in April 2008.  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 officials reported 
that trainings on these guidelines were being planned for officials 
within the ministry. 
 
-- G. WHAT IS THE TOTAL NUMBER OF TRAFFICKING VICTIMS IDENTIFIED 
DURING THE REPORTING PERIOD?  OF THESE, HOW MANY VICTIMS WERE 
REFERRED TO CARE FACILITIES FOR ASSISTANCE BY LAW ENFORCEMENT 
AUTHORITIES DURING THE REPORTING PERIOD?  BY SOCIAL SERVICES 
 
BANGKOK 00000499  024.2 OF 032 
 
 
OFFICIALS?  WHAT IS THE NUMBER OF VICTIMS ASSISTED BY 
GOVERNMENT-FUNDED ASSISTANCE PROGRAMS AND THOSE NOT FUNDED BY THE 
GOVERNMENT DURING THE REPORTING PERIOD? 
 
There is no official estimate available for the number of 
trafficking victims identified during the reporting period. 
Information provided by the RTG indicated that the vast majority of 
identified TIP victims, including those receiving services in 
government shelters, are non-Thai citizens.  In 2008, the shelters 
reported they provided protection and social services for 622 
trafficking victims, 520 foreigners (45 Cambodian, 252 Burmese, 214 
Laotian, and 3 Vietnamese and 6 from other nations) and 102 Thai 
citizens.  Approximately 292 people remained in MSDHS shelters at 
the end of 2008.  The Children and Women Protection Division of the 
Royal Thai Police (CWD) reported that CWD alone (not including other 
police divisions) investigated 46 cases of human trafficking, 
involving 82 TIP victims.  These official numbers likely greatly 
underestimate the total number of victims in Thailand. 
 
According to MSDHS, in September 2005, the RTG allocated 100 million 
baht to government activities to combat human trafficking.  In 2008, 
3.11 million baht (88,857 USD) was used for both investigation and 
interrogation activities (2 million baht or 57,143 USD) and for 
distribution to 124 trafficked victims (1.1 million baht or 31,429 
USD). 
 
-- H. DO THE GOVERNMENT'S LAW ENFORCEMENT, IMMIGRATION, AND SOCIAL 
SERVICES PERSONNEL HAVE A FORMAL SYSTEM OF PROACTIVELY IDENTIFYING 
VICTIMS OF TRAFFICKING AMONG HIGH-RISK PERSONS WITH WHOM THEY COME 
IN CONTACT (E.G., FOREIGN PERSONS ARRESTED FOR PROSTITUTION OR 
IMMIGRATION VIOLATIONS)?  FOR COUNTRIES WITH LEGALIZED PROSTITUTION, 
DOES THE GOVERNMENT HAVE A MECHANISM FOR SCREENING FOR TRAFFICKING 
VICTIMS AMONG PERSONS INVOLVED IN THE LEGAL/REGULATED COMMERCIAL SEX 
TRADE? 
 
In 2008, the RTG developed "Guidelines on Trafficked Victim 
Identification" for use by police officers, immigration officers, 
social workers and members of civil society to better identify 
potential trafficking victims under Thailand's new TIP law.  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 that various types of supporting evidence 
should be considered when identifying trafficking victims (i.e., 
evidence of physical abuse or psychological trauma, etc). 
 
In order to provide government officials with sufficient knowledge 
to identify TIP victims, the Royal Thai Police and MSDHS 
co-conducted numerous one-day trainings for police officers that 
focused on the Anti-TIP law and victim identification process. 
MSDHS reported that 2,500 police received training in FY 2008 and 
that an additional 2,500 would be reached in FY 2009 
 
-- I. ARE THE RIGHTS OF VICTIMS RESPECTED?  ARE TRAFFICKING VICTIMS 
DETAINED OR JAILED?   IF SO, FOR HOW LONG?  ARE VICTIMS FINED?  ARE 
VICTIMS PROSECUTED FOR VIOLATIONS OF OTHER LAWS, SUCH AS THOSE 
GOVERNING IMMIGRATION OR PROSTITUTION? 
 
The 2008 Anti-TIP Law provided numerous rights to trafficking 
victims (see question C above), which are generally respected. 
Trafficking victims have the right to receive services from the 
State and information regarding the timeframe of assistance 
delivery.  Illegal migrants who are trafficking victims are 
repatriated through established RTG processes in cooperation with 
foreign governments and civil society.  The anti-TIP law stipulates 
that unless the Minister of Justice grants permission in writing, 
trafficking victims can not be prosecuted for entering, leaving, or 
residing in Thailand illegally, for giving false information to 
 
BANGKOK 00000499  025.2 OF 032 
 
 
government officials, for forging or using a forged travel document, 
for prostitution, or  working illegally. 
 
In practice, court proceedings are usually long, sometimes causing 
trafficking victims who cooperate with prosecutions to remain in 
shelters for extended periods of time. The RTG does, though, allow 
for victims who have already given testimony to be repatriated 
instead of remaining in shelters.  NGOs have reported complaints by 
foreign victims in shelters who believe the RTG does not arrange for 
their repatriation in a timely fashion, and who feel compelled to 
remain in shelters in order to assist with prosecutions.   Another 
factor contributing to the lengthy stays in shelters is the 
difficulty in verifying the nationality of victims as part of the 
repatriation process, especially of those without national identity 
cards or who are ethnic minorities from Burma.  Difficulties in 
tracing families (for children), and in arranging documentation and 
reception by officials or NGO workers in neighboring countries, 
resulted in stays of up to six months.  During this period victims 
are protected at shelters, where they receive medical treatment and 
food, counseling, and limited vocational and literacy training. 
 
-- J. DOES THE GOVERNMENT ENCOURAGE VICTIMS TO ASSIST IN THE 
INVESTIGATION AND PROSECUTION OF TRAFFICKING?  HOW MANY VICTIMS 
ASSISTED IN THE INVESTIGATION AND PROSECUTION OF TRAFFICKERS DURING 
THE REPORTING PERIOD?  MAY VICTIMS FILE CIVIL SUITS OR SEEK LEGAL 
ACTION AGAINST TRAFFICKERS?  DOES ANYONE IMPEDE VICTIM ACCESS TO 
SUCH LEGAL REDRESS?  IF A VICTIM IS A MATERIAL WITNESS IN A COURT 
CASE AGAINST A FORMER EMPLOYER, IS THE VICTIM PERMITTED TO OBTAIN 
OTHER EMPLOYMENT OR TO LEAVE THE COUNTRY PENDING TRIAL PROCEEDINGS? 
ARE THERE MEANS BY WHICH A VICTIM MAY OBTAIN RESTITUTION? 
 
The government generally encourages victims to participate in the 
investigation and prosecution of trafficking.  Relatively few opt to 
do so, however, for a variety of reasons such as language barriers, 
illiteracy, distrust of Thai officials, slow legal processes, and 
fear of traffickers.  Additionally, financial needs of victims who 
need to earn income for their families also play a role in the low 
level of victim participation in prosecutions.  The Royal Thai 
Police believes that fear of the criminal networks, which often 
reach into their home communities, played an important role in the 
reluctance to pursue legal action. Officials at government shelters 
also reported instances when traffickers try to intimidate or 
threaten victims or their families. 
 
The Ministry of Social Development and Human Security (MSDHS) 
reported it assisted 622 TIP victims in 2008, 520 foreigners and 102 
Thai citizens.  Of the 622, 306 (roughly 50 percent) agreed to 
cooperate with law enforcement authorities on their cases 
investigation and prosecution. Only 35 of the 102 Thai victims 
agreed to cooperate on their cases investigation and prosecution. 
 
Number of trafficking victims assisted by MSDHS (Jan-Dec 2008) 
(Unit: Number of Persons): 
 
           Victims Proceed with Prosecution  Do Not Proceed 
 
           ------- ------------------------  -------------- 
Thai trafficking       44           6                 38 
victims abroad 
 
Thai trafficking       58          29                 29 
victims in Thailand 
 
Foreign trafficking   520          271               249  victims in 
Thailand 
 
Total      622          306               316 
(Source: Dept. of Social Development and Welfare, MSDHS) 
 
Regarding labor trafficking, during 2006-2008, approximately 140 
trafficking victims from the Anoma and Ranya Paew cases have 
participated in the investigation and prosecution of traffickers. 
To encourage assistance in case investigation and prosecution in 
 
BANGKOK 00000499  026.2 OF 032 
 
 
forced labor cases, the 1998 Labor Protection Act allows for 
compensatory damages from the employer.  Department of Social 
Welfare officials and NGOs use the threat of punitive sanctions 
under this law to negotiate settlements with abusive employers using 
foreign trafficking victims in sweatshops and in domestic work. 
 
To create additional incentives for victims to assist with case 
investigation and prosecution, the 2008 anti-TIP Law (Sections 34 
and 35) requires victims be informed of their right to receive 
compensation for damages and to the provision of legal aid from the 
government. The public prosecutor must also help victims receive 
compensation through the courts.  Similarly, the law stipulates that 
victims of TIP crimes are eligible to work while their case proceeds 
through the courts. 
 
-- K. DOES THE GOVERNMENT PROVIDE ANY SPECIALIZED TRAINING FOR 
GOVERNMENT OFFICIALS IN IDENTIFYING TRAFFICKING VICTIMS AND IN THE 
PROVISION OF ASSISTANCE TO TRAFFICKED VICTIMS, INCLUDING THE SPECIAL 
NEEDS OF TRAFFICKED CHILDREN?  DOES THE GOVERNMENT PROVIDE TRAINING 
ON PROTECTIONS AND ASSISTANCE TO ITS EMBASSIES AND CONSULATES IN 
FOREIGN COUNTRIES THAT ARE DESTINATION OR TRANSIT COUNTRIES?   WHAT 
IS THE NUMBER OF TRAFFICKING VICTIMS ASSISTED BY THE HOST COUNTRY'S 
EMBASSIES OR CONSULATES ABROAD DURING THE REPORTING PERIOD?  PLEASE 
EXPLAIN THE TYPE OF ASSISTANCE PROVIDED (TRAVEL DOCUMENTS, REFERRALS 
TO ASSISTANCE, PAYMENT FOR 
TRANSPORTATION HOME). 
 
Royal Thai police and MSDHS co-conducted numerous one-day trainings 
that focused on the Anti-TIP law and victim identification process 
using the new guidelines on trafficking victim identification. 
MSDHS reported that 2,500 police received training in FY 2008 and 
that an additional 2,500 will be reached in FY 2009.  The attendees 
were mostly police, although other multidisciplinary team members 
also attended (NGO officials, social workers, psychologists, etc.). 
 
 
According to CWD, there were several trainings specifically for 
police officers as follows: 
- A 6-day training course for 34 police trainees on TIP victim 
rescuing operations 
- A 5-day training regarding TIP for 30 Thai and Malaysian police 
officers 
- A UK-sponsored training for 15 CWD officers on combating human 
trafficking. 
 
The Ministry of Labor (MOL) also 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. The MOL organized an annual meeting 
with employers, manufacturers and NGOs to raise awareness on labor 
rights protection and child labor protection. 
 
In 2008, the Department of Consular Affairs of the Ministry of 
Foreign Affairs conducted various anti-TIP-related activities with 
Royal Thai Embassies, Consulates, and Thai communities overseas, 
including the following: 
 
-- Coordinated activities with Thai Women Supportive Networks in 
Norway and Sweden. 
-- Distributed TIP-related pamphlets for Thais in Poland 
-- Organized a "Thai Friends help Thais" project to develop a 
network of volunteers to assist TIP victims in Singapore 
-- Made donations to TIP victims shelters in South Africa. 
-- Organized a seminar on "Related TIP laws in Switzerland and 
Assistance/Protection provided to 66 Thais in Switzerland" organized 
by the Royal Thai Embassy in Bern, Switzerland 
-- Conducted consultation programs for 105 Thai victims of 
trafficking persons in Switzerland. 
-- Supported a volunteer network in the Netherlands 
-- Conducted a TIP seminar for 130 Thai Women in Denmark 
 
BANGKOK 00000499  027.2 OF 032 
 
 
-- Provided 14 translators for TIP victims in South Africa 
-- Conducted trainings regarding TIP to foreign service officers and 
local staff in 15 embassies and consulates. 
 
The Ministry of Foreign Affairs (MFA) Department of Consular Affairs 
reported 443 Thai nationals were classified as TIP victims abroad 
and repatriated to Thailand with MFA assistance in fiscal year 2008 
(October 2007-September 2008), compared to 403 and 397 victims in 
FY2007 and FY2006, respectively.  The breakdown by destination 
country follows: 
 
Number of Thai TIP victims abroad who were repatriated back to 
Thailand (Oct 07-Sep 08) 
 (Unit: Number of Persons) 
Destination   FY 2006      FY2007        FY 2008 
----------    -------      -------       -------- 
Bahrain         236         368            360 
Singapore         9          14              3 
Malaysia         39          12             73 
South Africa     20           3              1 
Saudi Arabia      0           3              0 
Hong Kong         2           2              1 
Japan             3           1              0 
United Kingdom    5           0              0 
Taiwan            0           0              5 
Total           397         403            443 
(Source: Department of Consular Affairs, Ministry of Foreign 
Affairs) 
 
-- L. DOES THE GOVERNMENT PROVIDE ASSISTANCE, SUCH AS MEDICAL AID, 
SHELTER, OR FINANCIAL HELP, TO ITS NATIONALS WHO ARE REPATRIATED AS 
VICTIMS OF TRAFFICKING? 
 
In 2008, MSDHS officials reported the Ministry provided small travel 
stipends for 44 Thai trafficked victims who were repatriated back to 
Thailand.  Medical aid, shelter (other than temporary residence at 
one of six government shelters), and other financial help is not 
available from the Thai government. 
 
-- M. WHICH INTERNATIONAL ORGANIZATIONS OR NGOS, IF ANY, WORK WITH 
TRAFFICKING VICTIMS?  WHAT TYPE OF SERVICES DO THEY PROVIDE?  WHAT 
SORT OF COOPERATION DO THEY RECEIVE FROM LOCAL AUTHORITIES? 
 
Numerous NGOs, both Thai and international, are active in working 
with trafficking victims.  They provide different levels of support, 
varying from organizations that identify victims and work with 
authorities to rescue them, to those who support them through the 
judicial process and return from Thailand to their home countries. 
Working level cooperation with local authorities is generally good 
and government funding was sometimes provided to NGOs.  In-kind 
assistance such as office space is often made available, as is the 
case in models of cooperation created in Chiang Mai, Bangkok and 
Chiang Rai.  The RTG also provided office space to one NGO in the 
Office of the Attorney General. 
 
A partial list of NGOs active in Thailand and a brief description of 
some of their key activities follows: 
 
-- The Center for Protection of Children's Rights (CPCR) assists 
abused, orphaned, neglected or trafficked children and counters 
commercial sexual exploitation of children by legal and public 
relations means. The NGO runs three rehabilitation homes for 
children and young people rescued from trafficking, two are in 
Bangkok, and one is in Chiang Rai.  The Chiang Rai facility also 
provides scholarships, vocational training and prevention programs 
for young people at risk of entering the commercial sex industry or 
at risk of being exploited for child labor. 
 
-- Fight Against Child Exploitation (FACE) monitors cases of child 
abuse and pursues prosecutions of pedophiles.  FACE also provides 
consultative services to Thai law enforcement entities on the 
handling of trafficking victims. 
 
 
BANGKOK 00000499  028.2 OF 032 
 
 
-- Foundation for Child Development (FCD) provides emergency 
assistance and support to victims of trafficking.  It also runs 
prevention campaigns and policy-level advocacy activities. FCD has 
been a leading organization in providing assistance to victims in 
the Ranya Paew case, and actively participates in policy level 
discussions. 
 
-- TRAFCORD: the Anti-Trafficking Coordination Unit based in Chiang 
Mai, acts as a coordination center in Northern Thailand between 
governmental and non-governmental agencies active in solving 
problems of human trafficking.  It was established in August, 2002, 
largely with USG funding, and is a model of law enforcement and NGO 
cooperation in initiating investigations, protecting victims, and 
pursuing prosecutions of traffickers in the region. 
 
-- The Labor Rights Promotion Network (LPN) is an NGO in the Samut 
Sakhon province, on the Gulf of Thailand, in which seafood 
processing and fisheries industries are based.  LPN provides 
counseling, vocational training and education programs for migrant 
workers and their families, many of whom originate from Burma and 
are vulnerable to exploitation or trafficking. 
 
-- The Development and Education Program for Daughters and 
Communities (DEPDC) in Mae Sai, near the border with Burma, works to 
prevent at-risk children from being forced into the sex industry or 
into other forms of child labor.  DEPDC provides shelter, education, 
vocational training, and employment opportunities to young girls at 
risk.  DEPDC also campaigns 
against local interests that cater to child sex tourism. 
 
-- The New Life Center (Chiang Mai and Chiang Rai) houses, feeds, 
and educates women from hill tribes and other ethnic minorities who 
have been rescued from trafficking or at risk of being trafficked. 
 
-- The Buddha Kasetra School (Chiang Rai) is a shelter and school 
for girls (both Thai and non-Thai) who cannot afford to continue 
their education and are at risk of entering the sex industry. 
 
-- The Foundation for Women (FFW) provides information, support, 
referral and emergency financial assistance to women who are victims 
of exploitation and violence.  FFW also works with villagers in the 
North and Northeast to oppose coerced prostitution and domestic 
violence.  FFW offers small-scale credit schemes for alternative 
economic projects and conducts research on international migration 
and trafficking, adolescent sexuality, and domestic violence. 
 
-- The Mirror Art Group, through a project entitled, "The Missing 
Person Center for Anti-Trafficking," provides counseling to victims 
and their families and helps coordinate the activities of government 
agencies, local authorities, and NGOs to assist victims. 
 
-- The World Vision Foundation of Thailand (WVFT) concentrates its 
activities on reducing the vulnerabilities of migrants through 
prevention projects. 
 
-- Agir Pour Les Femmes En Situation Precaire or Alliance Anti 
Traffic (AFESIP) programs include the building of community-based 
networks and the provision of support to victims, including health, 
legal, and family tracing services prior to reintegration or 
repatriation. 
 
-- Other international NGOs such as The American Center for 
International Labor Solidarity (Solidarity Center), Save the 
Children UK, GATTW, Oxfam, Prevent Human Trafficking, and ECPAT 
International have ongoing substantive anti-trafficking programs in 
Thailand. 
 
-- International organizations actively working on anti-trafficking 
programs in Thailand include UNESCO, UNIAP, UNICEF, the ILO, and 
IOM. 
 
V) PREVENTION: 
 
 
BANGKOK 00000499  029.2 OF 032 
 
 
-- A. DID THE GOVERNMENT CONDUCT ANTI-TRAFFICKING INFORMATION OR 
EDUCATION CAMPAIGNS DURING THE REPORTING PERIOD?  IF SO, BRIEFLY 
DESCRIBE THE CAMPAIGN(S), INCLUDING THEIR OBJECTIVES AND 
EFFECTIVENESS.  PLEASE PROVIDE THE NUMBER OF PEOPLE REACHED BY SUCH 
AWARENESS EFFORTS, IF AVAILABLE.  DO THESE CAMPAIGNS TARGET 
POTENTIAL TRAFFICKING VICTIMS AND/OR THE DEMAND FOR TRAFFICKING 
(E.G. "CLIENTS" OF PROSTITUTES OR BENEFICIARIES OF FORCED LABOR)? 
 
Since the coming into force of the anti-TIP Law of 2008, the 
Ministry of Social Development and Human Security (MSDHS) 
implemented several prevention-oriented activities as follows: 
-- declared June 5 as National Anti-Human Trafficking Day 
-- provided education scholarships to vulnerable children in 
high-risk areas 
-- set up 8 women vocational training centers in rural areas as well 
as awareness raising campaigns on how Thai women can protect 
themselves abroad as well as developed watchdog network in high-risk 
areas 
--organized "public dialogues" in seven provinces throughout 
Thailand to raise awareness within the general public 
-- sponsored a television advertisement to raise awareness on the 
various forms of human trafficking 
-- sponsored a television documentary on "solving human trafficking 
problems" during prime time in December 2008 
-- organized road shows to raise awareness to fight against human 
trafficking in 7 high-risk 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 
 
Although the number of people reached by such awareness raising 
activities by MSDHS is difficult to estimate, the television 
campaign in particular reached a wide audience and the awareness 
campaigns in high-risk areas reached more targeted audiences.  The 
Ministry of Foreign Affairs also conducted prevention activities 
outside of Thailand, as listed in section IV, question K. 
 
-- B. DOES THE GOVERNMENT MONITOR IMMIGRATION AND EMIGRATION 
PATTERNS FOR EVIDENCE OF TRAFFICKING?  DO LAW ENFORCEMENT AGENCIES 
SCREEN FOR POTENTIAL TRAFFICKING VICTIMS ALONG BORDER? 
 
Thailand's topography and resource constraints make it impossible to 
adequately monitor its borders.  Although border security is a 
national priority, the rugged terrain of much of the 2,900 miles of 
land border greatly complicates efforts to control entry and exit. 
An additional 1,600 miles of coastline provides further obstacles to 
border control.  Widespread smuggling of timber, oil, drugs and 
people all occur.  The government is sensitive to trends in labor 
influxes.  Cross-border labor movements, particularly from Burma, 
are considered a national security issue.  As a result of training 
programs conducted during the reporting period, there was an 
increasing understanding among police and immigration officers of 
the difference between trafficking cases and voluntary migration 
(both legal and illegal.)  Frequent rotation among police and 
immigration officers requires continual training efforts. 
 
The Ministry of Labor's Department of Labor Protection and Welfare 
Development (LPWD) inspected workplaces to ensure that worker rights 
are protected in accordance with the Labor Protection Act (LPA).  In 
FY 2008, labor inspectors from LPWD inspected 51,375 workplaces that 
were found to employ 55,003 migrant workers; 48,741 from Burma, 
1,367 from Laos, 1,530 from Cambodia, and 3,365 from other nations. 
Out of the 51,375 workplace inspected, 44,850 were found to be fully 
compliant with the LPA, while LPA violations were found in 6,161. 
LPWD found serious violations in 5 of the 6,156 workplaces and 
initiated court proceedings in response. 
 
Sensitive to Thailand's international image, immigration police 
officers monitor outgoing passengers at Bangkok's international 
airport for Thai female sex workers.  Departure clearance is often 
denied in suspect cases.  Chinese nationals and South Asians using 
Bangkok as a transit stop to travel illegally to third countries are 
not intercepted unless they possess fraudulent travel documents and 
attempt to enter Thailand.  In both the cases of Thai sex workers 
 
BANGKOK 00000499  030.2 OF 032 
 
 
and illegal migrants, the participants are usually voluntary during 
this point in the trafficking continuum.  Various forms of force, 
fraud and coercion are generally encountered only when the 
destination country is reached. 
 
-- C. IS THERE A MECHANISM FOR COORDINATION AND COMMUNICATION 
BETWEEN VARIOUS AGENCIES, INTERNAL, INTERNATIONAL, AND MULTILATERAL 
ON TRAFFICKING-RELATED MATTERS, SUCH AS A MULTI-AGENCY WORKING GROUP 
OR A TASK FORCE? 
 
Collaboration between government officials and NGOs has 
progressively improved in Thailand as reflected in the MOUs on 
collaboration in the different domestic regions. The RTG and 
provincial-level governments increasingly enjoy close collaborative 
relationships with civil society on anti-TIP activities.  Key NGOs 
sit on national committees related to TIP.  MSDHS, responsible for 
coordinating the RTG's anti-TIP efforts, maintains a full list of 
all NGOs working on TIP-related issues nationwide.  The 2008 
anti-TIP law called for the establishment of two national committees 
to focus ministerial-level political decision-making with regard to 
anti-TIP efforts: an Anti-Trafficking in Persons Committee (ATP) 
chaired by the Prime Minister and a Coordinating and Monitoring of 
Anti-Trafficking in Persons Committee (CMP) chaired by the Deputy 
Prime Minister.  MSDHS also created a CMP sub-committee to develop 
subordinate regulations to the new TIP Law, essential to its 
implementation.  The sub-committee consists of government officials 
from relevant agencies, academics, and representatives from civil 
society. 
 
In 2008, MSDHS reported collaborating with international 
organizations on the following activities: 
 
- International Organization for Migration (IOM): provided financial 
support for returning TIP victims home, developed standard 
guidelines among relevant agencies to assist in the rescue of 
trafficked victims, and produced publications regarding prevention 
activities. 
 
- United Nations Office on Drugs and Crimes (UNODC): provided "train 
the trainer" activities on victim rehabilitation. 
 
- Japan International Cooperation Agency (JICA): provided capacity 
building to multidisciplinary teams through regarding TIP victim 
protection. 
 
- International Labor Organization (ILO): provided activities to 
promote life and occupational skills of Thai women and children 
victims. 
 
-- D. DOES THE GOVERNMENT HAVE A NATIONAL PLAN OF ACTION TO ADDRESS 
TRAFFICKING IN PERSONS?  IF THE PLAN WAS DEVELOPED DURING THE 
REPORTING PERIOD, WHICH AGENCIES WERE INVOLVED IN DEVELOPING IT? 
WERE NGOS CONSULTED IN THE PROCESS?  WHAT STEPS HAS THE GOVERNMENT 
TAKEN TO IMPLEMENT THE ACTION PLAN? 
 
The National Policy and Plan on Prevention and Resolution of 
Domestic and Cross-border Trafficking in Children and Women 
(2002-2007) was approved by the Cabinet on July 1, 2003.  Political 
turmoil in 2008, with frequent changes of government and 
corresponding delays to policy-making, precluded the RTG from 
finalizing a new Plan of Action, following passage of new 
legislation.  In 2008, the RTG focused on the implementation of the 
new anti-TIP law and conducted an evaluation of the first Plan with 
input from NGOs and international organizations. 
 
-- E: WHAT MEASURES HAS THE GOVERNMENT TAKEN DURING THE REPORTING 
PERIOD TO REDUCE THE DEMAND FOR COMMERCIAL SEX ACTS? 
 
Thai government efforts to reduce customer demand for illegal 
prostitution services have been limited to occasional police raids 
to shut down openly operating brothels and awareness-raising 
campaigns targeting tourists.  These efforts are principally 
conducted to reduce the prevalence of child prostitution. 
 
BANGKOK 00000499  031.2 OF 032 
 
 
 
According to the RTG, in 2008, the Tourism Authority of Thailand and 
Ministry of Tourism and Sports initiated awareness campaigns to 
prevent sex tourism, which involved travel and transportation 
agencies.  The campaigns were geared to warn tourists of the 
severity of penalties for engaging in commercial sex acts with 
children.  The RTG also paired with NGOs and a large hotel 
corporation to implement a "Code of Conduct for the Protection of 
Children from Sexual Exploitation in Travel and Tourism."  Through 
this program, training was conducted for provincial-level travel 
agencies and members of a private tourism association on how to 
adopt prevention activities and deal with suspected and actual cases 
of child sex tourism.  Approximately 6,000 employees have been 
trained so far in this initiative. 
 
-- F. REQUIRED OF ALL POSTS: WHAT MEASURES HAS THE GOVERNMENT TAKEN 
DURING THE REPORTING PERIOD TO REDUCE THE PARTICIPATION IN 
INTERNATIONAL CHILD SEX TOURISM BY NATIONALS OF THE COUNTRY? 
 
With regard to sex crimes again children, including by offenders who 
travel to Thailand to commit crimes as well as those who come 
fleeing justice elsewhere, Thai law enforcement authorities have 
been increasingly cooperative with Embassy officials in a range of 
areas.  RTG law enforcement officials collaborated with USG law 
enforcement agencies (and those from other governments) in the 
investigation, arrest, prosecution, and deportation or extradition 
of child sex offenders, as well as in the provision of victim 
assistance.  CWD police officers were designated to carry out 
surveillance and investigation and to notify the Tourist police of 
any suspected cases of child-sex tourism, including those involving 
Thai nationals. 
 
The RTG sponsored multiple TIP prevention activities, including 
campaigns to warn tourists of any nationality (including Thai) of 
the severity of penalties for engaging in commercial sex acts with 
children. 
 
The RTG's new anti-TIP law, which came into force in June 2008, 
provides strict penalties for Thai citizens who engage in any form 
of human trafficking, including child sex tourism: 
 
- If a trafficking 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 (3,429-6,857 USD). 
- If a trafficking 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 (4,571 - 8,571 USD). 
 
In addition, various sections of Thai law (including the Thai 
Criminal Code as amended, the Prevention and Suppression of 
Prostitution Act, and the Money laundering Act) provide severe 
penalties for Thai citizens (and others) who engage in child sex 
tourism (see Section III, Question A above). 
 
-- G. REQUIRED OF POSTS IN COUNTRIES THAT HAVE CONTRIBUTED OVER 100 
TROOPS TO INTERNATIONAL PEACEKEEPING EFFORTS: WHAT MEASURES HAS THE 
GOVERNMENT ADOPTED TO ENSURE THAT ITS NATIONALS WHO ARE DEPLOYED 
ABROAD AS PART OF A PEACEKEEPING OR OTHER SIMILAR MISSION DO NOT 
ENGAGE IN OR FACILITATE SEVERE FORMS OF TRAFFICKING OR EXPLOIT 
VICTIMS OF SUCH TRAFFICKING? 
 
Per ref. A, paragraph 27 (G), not applicable. 
 
VI) NOMINATION OF HEROES AND BEST PRACTICES 
 
HEROES:  TRAFCORD 
Established in 2002 in response to a marked rise in cases involving 
the trafficking of women and children from the Mekong region, 
TRAFCORD, the Anti-Trafficking Coordination Unit, was set up in 
upper Northern Thailand.  TRAFCORD acts as a coordination center 
between government and non-government agencies active in addressing 
human trafficking (TIP) cases, particularly involving women and 
children. Sponsored by the USG, the Asia Foundation, and UNICEF, the 
 
BANGKOK 00000499  032.2 OF 032 
 
 
unit has been at the forefront of the successful 
"multi-disciplinary" approach to trafficking cases in the region. 
When TRAFCORD employees suspect the presence of child prostitutes 
(often in a brothel or karaoke bar), they work with police, social 
workers (public or private), prosecutors, and other relevant 
government and NGO officials to rescue, rehabilitate, and repatriate 
them.  By coordinating government and private agencies prior, 
during, and after raids on suspected establishments, they help 
ensure that victims receive improved treatment and access to 
services, and that criminal cases have a better chance of being 
successfully prosecuted. 
 
TRAFCORD's multi-disciplinary approach has been adopted by other 
organizations in Thailand, including through formal memorandums of 
understanding (MOUs) signed with relevant officials representing 
seventeen Northern provinces in Thailand.  As such, TRAFCORD has 
catalyzed the updating of procedures for dealing with TIP cases and 
coordinated their implementation, often providing training in the 
process.  TRAFCORD's work therefore also informed the key change to 
Thailand's national anti-trafficking legal framework: a new, 
comprehensive anti-TIP law that came into force in June 2008. 
 
TRAFCORD's multi-disciplinary team approach, as explained in various 
international forums (from Hawaii to Rome to Geneva), has generated 
positive international attention in support of the most effective 
ways to fight against child prostitution and other TIP crimes. 
Many, such as the Director General of the International Organization 
for Migration, have praised the unit and its staff for "providing 
useful insights and guidance."  Similarly, TRAFCORD's comprehensive 
anti-child labor/TIP activities, including its public relations and 
media efforts, have raised awareness about the worst forms of child 
labor and inspired other organizations and individuals (within 
Thailand and beyond) to adopt more effective multidisciplinary 
strategies to end them. 
 
BEST PRACTICES: Post may report on best practices septel. 
 
¶3.  (SBU) Per ref a, paragraph 22, Embassy Labor officer (FS-02) 
spent approximately 45 hours in the preparation of this report.  The 
Economic Counselor (FE-OC) and DCM (FE-OC) spent approximately 4 
hours and 3 hours on the report, respectively.  Likewise, Economic 
Section FSN (Grade 11-02) spent approximately 95 hours on compiling 
information for the report.  These estimates do not include 
contributions made indirectly in the regular course of work. 
Embassy Bangkok POC is Econ/Labor Officer Lawrence Petroni: tel. 
02-205-4639, fax 02-254-2839, email PetroniLJ@state.gov.