VZCZCXRO8707
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHBK #3177/01 3510825
ZNR UUUUU ZZH
O 170825Z DEC 09
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9319
INFO RUEHC/DEPT OF LABOR WASHINGTON DC IMMEDIATE
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC IMMEDIATE
RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHCHI/AMCONSUL CHIANG MAI IMMEDIATE 7421

UNCLAS SECTION 01 OF 02 BANGKOK 003177 
 
STATE FOR EAP/MLS, DRL/ILCSR, G/TIP 
LABOR FOR ILAB FOR BSASSER, CCASTRO 
COMMERCE FOR EAP/MAC/OKSA FOR JKELLY 
STATE PASS TO USTR FOR BWEISEL, BKLEIN 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958:N/A 
TAGS: ELAB ECON ETRD PREL KTIP TH
SUBJECT: THAILAND: OFFICIAL RESPONSE TO PROPOSED CHILD LABOR LISTS 
 
REF: A. BANGKOK 2355 (THAI REACTION TO LISTS) 
¶B. SECSTATE 92560 (CHILD LABOR LISTS) 
 
BANGKOK 00003177  001.2 OF 002 
 
 
¶1. The Ministry of Foreign Affairs recently provided a copy of 
Thailand's official comments in response to the Department of 
Labor's request for public comments on the List of Products 
Requiring Federal Contractor Certification as to Forced/Indentured 
Child Labor Pursuant to Executive Order 13126. This cable transmits 
the text of the diplomatic note; the more lengthy official comments 
will be sent separately via e-mail to the Department. 
 
¶2. Begin text of Diplomatic Note No. 1102/1274, dated December 9, 
2009: 
 
Dear Ambassador John, 
 
I wish to inform you that, in response to the U.S. Department of 
Labor's "Notice of Initial Determination Updating the List of 
Products Requiring Federal Contractor Certification as to 
Forced/Indentured Child Labor Pursuant to Executive Order 13126" and 
"List of Goods Produced by Child Labor or Forced Labor" announced on 
September 10, 2009, the Royal Thai Government hereby submits to the 
U.S. Government the document on "Thailand's Efforts in the 
Prevention and the Elimination of Child Labor: Shrimp, Garments, 
Sugarcane, and Pornography." The document was compiled by the 
Department of American and South Pacific Affairs, Ministry of 
Foreign Affairs, in collaboration with all public and private 
agencies concerned. 
 
The Royal Thai Government attaches great importance to the issue of 
child and forced labor. Upon learning that Thailand is listed on two 
of the Department of Labor's reports mentioned above, the Prime 
Minister instructed the Ministry of Foreign Affairs to set up a 
working group comprising of public and private agencies concerned to 
consolidate the information on what Thailand has been undertaking in 
the prevention and elimination of child and forced labor problem, 
especially in the sectors mentioned in the Department of Labor's 
lists. 
 
During the meeting of this Working Group and prior meetings among 
relevant agencies, concerns have been expressed on the methodology 
used in gathering the information and in compiling these reports and 
lists. The references made are secondary sources, and some outdated, 
which beg the question of their credibility. In addition, the 
sources sometimes are case studies of isolated incidents in a 
specific area, and do not reflect the overall picture of the whole 
industry. The reports and the lists do not fairly reflect the 
overall situation in Thailand and her continuous attempts in 
addressing the matter. Without duly recognizing the country's 
genuine and increasing efforts, the reports would discourage 
existing efforts undertaken by both the Thai Government and private 
sector. 
 
For shrimp products, there has been close cooperation between 
Thailand and the United States. The U.S. Immigration and Customs 
Enforcement (ICE) have been seen on several occasion to observe the 
operation and labor employment of shrimp facilities in Thailand and 
expressed their satisfaction with the result and appreciation for 
the transparency shown by Thailand. The Thai public and private 
agencies have also regularly inspected workplaces in the shrimp 
industry. The shrimp private sector has been very proactive in 
tackling the issue by setting up their own rules and regulations in 
addition to those of the Government as well as their own mechanism 
to help monitor their own industry and to put pressure on their 
members. 
 
For garment, 80 percent of the garment production in Thailand is for 
exportation. The production process is under both domestic and 
international standards which include child labor standards. The 
brand companies which outsource the production to Thai companies 
also have set up mechanism for random inspections by internationally 
accepted third party. No illegal child labor has been found in 
Thailand's export garment production during the past several years. 
 
For sugarcane, the private sector confirms no use of child labor in 
the industry. Children found in sugarcane production are not hired 
labor. They may accompany their parents who work at the plantations 
to spend time with their parents. The reference source of the 
Department of Labor in the sugarcane part is from a research done 
back in 2006 specifically in Udon Thani Province and, therefore, 
does not fairly represent the present and accurate situation of the 
entire industry. 
 
With regard to child pornography, it is illegal in Thailand and 
 
BANGKOK 00003177  002.2 OF 002 
 
 
Thailand recognizes the importance of the elimination of this 
problem. There are several Thai laws against child pornography as 
listed in the attached document. The Government works closely with 
foreign governments, including the United States, in enforcing these 
laws and bringing cases against those who have abused Thai children 
for the purpose of pornography. 
 
The Ministry of Foreign Affairs that the Embassy would kindly 
forward the attached document and convey the afore-mentioned facts 
and efforts in Thailand in preventing, addressing, and eliminating 
the child and forced labor problem to the U.S. Department of Labor 
and other agencies concerns. The Embassy's active role in ensuring 
that the DOL appreciates the real situation of child and forced 
labor in Thailand and our efforts would be much appreciated. In this 
regard, we hope that Thailand will be removed from the lists of 
child and forced labor for the afore-mentioned products, namely, 
shrimp, garment, sugarcane and child pornography. 
 
I thank you for your kind understanding and support. 
 
Sincerely yours, 
/s/ 
Chirachai Punkrasin 
Director-General 
Department of American and South Pacific Affairs 
 
JOHN