VZCZCXRO5052
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHBK #3046/01 3361002
ZNR UUUUU ZZH
P 021002Z DEC 09
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC PRIORITY 9145
RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY
INFO RUEHCHI/AMCONSUL CHIANG MAI 7358
RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 03 BANGKOK 003046 
 
Department for GTIP C. Chan-Downer and EAP/MLS D. Smith 
Labor for Brandie Sasser 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB TH
SUBJECT: Thai Beef Up Implementation of Anti-Human Trafficking Law 
 
BANGKOK 00003046  001.2 OF 003 
 
 
Sensitive But Unclassified.  For Official Use Only. 
 
Ref: 08 BANGKOK 3588 
 
¶1.  (SBU) Summary: Thai Ministry of Social Development and Human 
Security (MSDHS) officials detailed for Emboffs on November 20 
continuing efforts by the Royal Thai Government (RTG) to combat 
human trafficking (TIP).  Officials described various prevention and 
victim protection activities, including RTG-sponsored working groups 
established to focus on areas such as the fishing industries, 
fraudulent marriage, and trafficking-related information management 
through databases.  MSDHS officials confirmed that implementing 
regulations under Thailand's 2008 TIP law are in effect, and that 
the RTG is still deliberating on how to best operationalize one 
aspect of the law regarding the ability for victims to work outside 
shelters.  The officials also discussed awareness raising activities 
that have taken place or are planned throughout Thailand, and would 
like to pursue a "substantive" TIP-related agreement with Malaysia. 
End Summary. 
 
¶2.  (SBU) Comment: Of the multiple meetings we have held with MSDHS 
officials since Thailand's TIP law came into force in June 2008, 
this meeting was perhaps our most productive.  The RTG TIP-related 
committee (and working group) structure, created under Thailand's 
new law, appears to have created a forum that fosters increased 
interagency communication and action.  The officials were therefore 
able to speak to RTG efforts beyond those normally handled by their 
ministry.  We appreciated their candor when discussing challenges to 
their anti-trafficking efforts, and that they listened carefully to 
our suggestions, both formal and informal.  Also noteworthy are 
related efforts to bring children resident in Thailand, but without 
Thai citizenship, into the social mainstream.  End Comment. 
 
¶3.  (SBU) On November 20, Econoff met with officials from the Royal 
Thai Government's (RTG) Ministry of Social Development and Human 
Security (MSDHS) to discuss RTG anti-human trafficking efforts, 
particularly in the areas of prevention and protection.  Over a 
lengthy afternoon meeting, Dr. Yanee Lertkrai, Deputy Director 
General of the Department of Social Development and Welfare; Ms. 
Sawanee Khomepatr, Director of the Bureau of Anti-Trafficking in 
Women and Children; Ms. Sawareee Chaihan, Advisor of the Bureau of 
Anti-Trafficking in Women and Children; Ms. Sunee 
Srisangatrakullert, Chief of MSDHS' national anti-trafficking 
operations center; and Ms. Jameekorn Pinsuk, International Affairs 
Officer spoke with enthusiasm and candor about the efforts.  The 
officials come from two key offices within MSDHS, one primarily 
responsible for victim assistance and shelters and the other 
responsible for policy matters and coordination with other RTG 
entities.  (Note: Sunee will travel to the United States in February 
2010 on a human trafficking-related international visitors program. 
End Note.) 
 
Implementing Regulations 
------------------------ 
¶4.  (SBU) According to our counterparts, all subordinate regulations 
to Thailand's 2008 human trafficking (TIP) law have been approved 
and are in effect (ref A).  The regulations, which pertain to 
multiple topics under the law: 
- establish rules regarding the protection and usage of documents or 
information related to TIP offenses, 
- 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 (an older TIP fund could 
be used for victim assistance but not other activities such as 
awareness raising), 
- govern the provision of 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. 
 
Prevention Activities 
--------------------- 
¶5.  (SBU) The MSDHS officials explained that, using FY 2010 
budgetary funds, the Thai government is undertaking a TIP awareness 
raising campaign to provide training workshops to youth groups in 
throughout Thailand.  It also created a short informational 
television spot to raise awareness on the problem of human 
trafficking specifically in the fishing industry (the spot aired on 
Thai television's channel five). 
 
¶6.  (SBU) MSDHS is also planning anti-TIP training sessions 
specifically for the "competent officials," as defined by the 2008 
TIP law and the relevant subordinate regulation.  The Ministry 
officials anticipate the training sessions will take place from 
 
BANGKOK 00003046  002.2 OF 003 
 
 
December 2009 to March 2010 and expect at least 1,000 participants. 
 
¶7.  (U) Yanee and Sunee detailed the events organized by the RTG in 
2009 to commemorate days regarding human trafficking.  On June 5, 
MSDHS organized activities to mark the one-year anniversary of 
Thailand's comprehensive TIP law.  Local media, including the 
widely-read newspapers Thai Rath and Siam Rath, covered the main 
awareness raising event in Bangkok, attended by approximately 150 
officials from governmental and non-governmental organizations. 
Select MSDHS provincial-level offices also hosted awareness raising 
events in cooperation with NGOs such as World Vision. 
 
¶8.  (U) On June 12, the RTG partnered with the International Labor 
Organization (ILO) to commemorate World Day against Child Labor 
(WDACL).  The related event organized in Bangkok was covered by 
various television, print, and radio new outlets.  In addition to 
the Bangkok event, the RTG and ILO organized events in Tak and 
Pattani on June 12 and 18, respectively.  At the event in Tak, 
attended by approximately 1,500 individuals, Thailand's Vice 
Minister of Education Chaiwut Bannawat gave a speech regarding the 
RTG's "education-for-all" policy, i.e., for all children including 
those of non-Thai migrants and ethnic minority groups resident in 
Thailand. 
 
Working Groups and Interagency Activity 
--------------------------------------- 
¶9.  (SBU) Sunee and her staff explained that the RTG's working group 
on human trafficking in the fishing industry has met eight times, 
and as recently as November 24.  (Note: the working group is under 
the auspices of the Coordinating and Monitoring of Anti-Trafficking 
in Persons Committee (CMP), chaired by a Deputy Prime Minister, and 
consists of government and non-government officials (from both 
for-profit companies and non-profit organizations).  The CMP reports 
to Thailand's Anti-Trafficking in Persons Committee (ATP), chaired 
by the Prime Minister; ref A. End Note).  In doing so, the working 
group developed recommendations on how to combat human trafficking 
in the fishing sector.  The recommendations (on areas such as 
improved regulations of boats, possible changes to law and 
regulation, and awareness raising activities) require the review of 
the two committees. 
 
¶10.  (SBU) Yanee stated that officials from interested Thai 
government agencies continue to meet to discuss how to best 
implement article 37 of Thailand's anti-human trafficking law that 
authorizes, in certain circumstances, the provision of a work permit 
to TIP victims so that they may temporarily work in Thailand 
(presumably outside shelters).  She noted the discussions have 
centered on the question of whether the TIP law supersedes 
provisions of other relevant laws (i.e., the Immigration Act and 
Alien Employment Act), thereby allowing for victims to receive work 
permits immediately, or whether changes would need to be made to 
these laws prior to the implementation of article 37.  Yanee 
explained the question will be submitted to the CMP committee for 
its decision.  She also cautioned that procedures also need to be 
developed to allow certain victims to work outside shelters, noting 
that such decisions would likely be made on a case by case basis and 
take into consideration possible threats to the safety and security 
of the victim. 
 
¶11.  (SBU) The Thai government established a working group regarding 
fraudulent marriages between Thai women and foreign nationals, due 
to its assessment that the area represents an increased risk factor 
for human trafficking.  It also established a working group to 
oversee the creation of linked databases to track information on 
groups vulnerable to trafficking, RTG victim assistance, and the 
progress of specific trafficking cases.  Sunee reported that the 
framework for the databases has already been developed and awaits 
approval by the CMP.  In addition, she explained that the CMP 
committee is developing a national Master Plan to combat human 
trafficking and will conduct public hearings in four regions (Khon 
Kaen, Chiang Mai, Hat Yai, and Bangkok) prior to its finalization. 
 
 
Cross-border Collaboration 
-------------------------- 
¶12.  (SBU) Yanee explained the RTG is interested in formalizing its 
anti-human trafficking cooperative efforts with the government of 
Malaysia (GOM) through a memorandum of understanding similar to 
those Thailand has with other nations.  While noting the RTG's 
desire to pursue a "substantive" agreement with Malaysia, she 
highlighted two points of concern, from the RTG perspective, in 
doing so: the lack of a focal point in the GOM with whom to 
coordinate and the lack of a critical mass of non-governmental 
organizations (NGOs) in Malaysia that the RTG believes would be 
necessary for the implementation of a broad "multi-disciplinary" 
strategy to combat TIP. 
 
 
BANGKOK 00003046  003.2 OF 003 
 
 
JOHN