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UNCLAS SECTION 01 OF 44 BANGKOK 000468 
 
Department for G/TIP (G-Laura Pena), EAP/RSP, INL, DRL, PRM 
Labor for ILAB 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KWMN KMCA PGOV PHUM PREF SMIG KFRD
ASEC, TH 
SUBJECT: Thailand: Trafficking in Persons Report - 2010 
 
REF A: STATE 02094 (REPORTING REQUEST) 
REF B: BANGKOK 432 (NGO BELIEVES PREVENTION IS KEY) 
REF C: BANGKOK 366 (CHILD SOLDIERS) 
REF D: 09 BANGKOK 3046 (THAI BEEF UP IMPLEMENTATION ON TIP) 
REF E: 09 BANGKOK 3016 (CONVICTION IN ANOMA LABOR TIP CASE) 
REF F: 09 BANGKOK 2821 (RESPONSE TO CRITICS: REGISTRATION) 
REF G: 09 BANGKOK 1428 (THAI IMMIGRATION - LABOR ARRESTS) 
REF H: 09 BANGKOK 853 (RTG ENGAGES ON TIP IN FISHING) 
REF I: 09 BANGKOK 818 (UPDATE ON CASES OF THAI LABOR ABUSE) 
REF J: 09 BANGKOK 499 (TIP REPORT INPUT CABLE - 2009) 
REF K: 09 BAGKOK 237 (CHILD LABOR INPUT CABLE - 2009) 
REF L: Thailand Desk-Embassy email - February 4, 2010 
 
BANGKOK 00000468  001.2 OF 044 
 
 
Sensitive But Unclassified.  For Official Use Only. 
 
¶1.  (SBU) Summary: Thailand remains a source, transit, and 
destination country for victims of human trafficking (TIP).  In 
particular, its relative prosperity compared to its neighbors 
continues to make it a magnet for economic migrants, many of whom 
are poor and undereducated, and therefore desperate for otherwise 
undesirable work and vulnerable to exploitation.  Faced with a 
continuing trafficking problem, the Royal Thai Government (RTG) made 
significant efforts to address it over the course of 2009 and made 
progress in multiple areas towards meeting the minimum standards 
under the TVPA.  Along with other TIP-related criminal convictions, 
Thai prosecutors successfully convicted offenders in the infamous 
"Anoma" case, the first TIP conviction involving Thailand's 
fisheries-related industries, to include shrimp processing. 
Prosecutions are moving forward in other cases such as "Ranya Paew," 
scheduled for trial in May 2010.  The Thai Prime Minister personally 
participated in the RTG's broad TIP activities, including by 
appearing in a television spot that aims to raise awareness on human 
trafficking and chairing multiple meetings of the RTG's 
highest-level anti-TIP committee.  Other RTG prevention activities 
included additional awareness raising media spots for the general 
population, targeted trainings/workshops for high-risk groups, and 
policy and programmatic efforts to keep all children (including 
illegal migrants) in school.  The Thai government enhanced its 
international partnerships, signing a TIP-related agreement with the 
Government of Burma in April 2009 and developed plans of actions 
under other existing agreements, such as with Laos and Vietnam.  The 
RTG also opened three additional TIP shelters specifically for men, 
who were recognized under Thai law as potential victims only as of 
June 2008.  Additional activities continue, including through the 
RTG-organized working group on trafficking in the problematic 
fishing sector.  As with much of the RTG's anti-TIP work, the 
working group is multidisciplinary in nature and includes leaders 
from civil society.  End Summary. 
 
¶2.  (SBU) Answers to questions provided in ref. A, paragraph 25 
follow and should be read in conjunction with Post reports on the 
Royal Thai Government's (RTG) anti-TIP efforts, Thailand's human 
trafficking situation, and related matters (refs B - K): 
 
I) THE COUNTRY'S TIP SITUATION: 
 
-- A. WHAT IS (ARE) THE SOURCE(S) OF AVAILABLE INFORMATION ON HUMAN 
TRAFFICKING?  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 
various Thai government agencies (e.g., Ministry of Foreign Affairs, 
Ministry of Social Development and Human Security (MSDHS), the 
Anti-Human Trafficking Division (AHTD) of the Royal Thai Police, 
Ministry of Labor (MOL), Office of the Attorney General (OAG), 
Department of Special Investigation (DSI), etc) as well as from many 
NGOs (i.e., the Labor Protection Network (LPN), New Life Center 
(NLC), Mirror Foundation (MAF), Human Rights Development Foundation 
(HRDF)) United Nations (UN) agencies, and other international 
organizations active in Thailand.  While most information collected 
from these organizations is reliable, information from the media is 
not always reliable and must be confirmed by other sources. 
 
BANGKOK 00000468  002.2 OF 044 
 
 
 
-- B. IS THE COUNTRY A COUNTRY OF ORIGIN, TRANSIT, AND/OR 
DESTINATION FOR MEN, WOMEN, OR CHILDREN SUBJECTED TO CONDITIONS OF 
COMMERCIAL SEXUAL EXPLOITATION, FORCED OR BONDED LABOR, OR OTHER 
SLAVE-LIKE CONDITIONS?  ARE CITIZENS OR RESIDENTS OF THE COUNTRY 
SUBJECTED TO SUCH TRAFFICKING CONDITIONS WITHIN THE COUNTRY?  IF SO, 
DOES THIS INTERNAL TRAFFICKING OCCUR IN TERRITORY OUTSIDE OF THE 
GOVERNMENT'S CONTROL (E.G. IN A CIVIL WAR SITUATION)?  FROM WHERE 
ARE PEOPLE RECRUITED OR FROM WHERE DO THEY MIGRATE PRIOR TO BEING 
SUBJECTED TO THESE EXPLOITATIVE CONDITIONS?  TO WHAT OTHER COUNTRIES 
ARE PEOPLE TRAFFICKED AND FOR WHAT PURPOSES?  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 
trafficked into other countries in Northeast Asia, the Middle East, 
Africa, and Europe, and elsewhere including the United States. 
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 2009, Thais were found to be trafficked, 
mostly for the sex trade, agriculture work and construction work, to 
Bahrain, Malaysia, the Maldives, Singapore, Japan, China, Oman, 
South Africa, Timor Leste, the United States, Hong Kong, Brunei, 
Taiwan, Vietnam, Germany and Spain. Thai men (along with men from 
Burma and Cambodia) were found to be trafficked onto fishing boats 
in international waters and rescued from countries such as Malaysia, 
Indonesia, and Timor Leste. Most Thai trafficking victims were from 
Thailand's northern, northeast and southern regions. They, like most 
non-Thai trafficking victims within Thailand, were poor, and lacked 
education and employment opportunities in their home communities. As 
such, they were willing to take risks when promised better-paid jobs 
elsewhere, sometimes using family-owned-land as collateral against 
high labor broker/recruitment fees with the hope of being able to 
pay off debt with income earned abroad.  In September 2009, the Thai 
government received several complaints from Thai farm workers in the 
northeast who paid recruitment fees of 250,000 baht (7,575 USD) to 
engage in agricultural work in Sweden and Poland. After paying the 
broker fees, the workers were instead sent to work in slaughter 
houses or construction sites, had their passports withheld, and 
received less payment than originally promised. 
 
The Foundation for Women reported in June 2009 that, according to a 
survey conducted from February 2007 to February 2009, Thai women 
trafficked for commercial sexual exploitation were mostly trafficked 
to Bahrain (40 percent), Italy (19 percent), Japan (12 percent), 
South Korea (9 percent), Germany, the United Kingdom, Australia, 
Singapore, and Malaysia. 
 
As a transit country, 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) are found to be 
trafficked into Thailand, mostly into urban areas such as Bangkok, 
Chiang Mai, Pattaya, Samut Prakarn, Samut Sakhon, and Songkla. The 
United Nations Office on Drugs and Crime (UNODC) reported in October 
2009 that 32 percent of Lao nationals trafficked to Thailand were 
forced into prostitution while another 32 percent were used for 
forced labor. 
 
The Mirror Foundation (MAF), an NGO working to combat human 
trafficking among street beggars and in the fishing industry, 
reported that the number of human trafficking cases reported in 
 
BANGKOK 00000468  003.2 OF 044 
 
 
northeastern Thailand had risen with more than 80 cases reported 
from May 2008 to June 2009.  However, MAF viewed that the increase 
in reports was likely due to growing awareness on TIP among RTG 
officials, civil society representatives, and the general public. It 
noted that increased reporting does not suggest a greater incidence 
of human trafficking. 
 
There was general agreement among UN 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 problems remain. 
 
Evidence suggested that the trafficking of men, women and children 
into labor sectors such as commercial fisheries, fishing-related 
industries, or domestic 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, the United Kingdom, and Australia. 
 
Past studies by UN agencies and NGOs found evidence of exploitation 
(including human trafficking) of Burmese migrants in the seafood 
processing sector, sometimes through debt bondage. The United 
Nations Inter-Agency Project on Human Trafficking (UNIAP) reported 
that migrant workers were found to be vulnerable due to language 
barriers and limited knowledge of Thai laws, as well as the 
withholding of travel documents, migrant registration cards, and/or 
work permits by employers. 
 
According to past 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 that government shelters received and provided assistance 
to 609 TIP victims in 2009, 530 foreigners and 79 Thai citizens 
(Note: most Thai citizens who received assistance from MSDHS chose 
to stay in their own home instead of government shelters.  End 
Note). 
 
Table 1: Number of Thai TIP victims in government shelters (Jan - 
Dec 2009) (Unit: Number of Persons) 
 
Countries          Number of Persons 
Trafficked to:     Assisted 
-------------      ----------------- 
Bahrain                 39 
Japan                   16 
Malaysia                 9 
Other                   15 
 
Total                   79 
-                       -- 
(Source: Bureau of Anti-Trafficking in Women and Children, 
Department of Social Development and Welfare, MSDHS) 
 
The Ministry of Social Development and Human Security (MSDHS) 
reported that 530 foreign women, children, and men were classified 
as TIP victims in Thailand and received assistance and protection at 
MSDHS shelters in 2009. Out of 530 foreign TIP victims, almost 
three-fourths (398 victims) were victims of labor exploitation: 175 
in factories, 170 in fisheries-related industries, and 53 as 
domestic employees. Less than one-fourth (108 victims) were victims 
of commercial sexual exploitation. The breakdown by country of 
origin and by types of exploitation follows: 
 
Table 2: Number of Foreign TIP victims in government shelters 
(Jan-Dec 2009) 
 
BANGKOK 00000468  004.2 OF 044 
 
 
(Unit: Number of Persons) 
 
Nationality  Number of persons assisted 
-----------  ------------------------- 
Cambodia                57 
Burma                  260 
Laos                   195 
Other                   18 
 
Total                  530 
                       --- 
(Source: Bureau of Anti-Trafficking in Women and Children, 
Department of Social Development and Welfare, MSDHS) 
 
Table 3: Number of Foreign TIP victims assisted by MSDHS (Jan - Dec 
2009) 
(Unit: Number of Persons) 
 
Types of exploitation         Number of victims 
--------------------          ----------------- 
Labor in factories                    175 
Labor in fisheries industry           170 
Prostitution                          108 
Domestic Workers                       53 
Beggars                                16 
Others                                  8 
 
Total                                 530 
                                      --- 
(Source: Bureau of Anti-Trafficking in Women and Children, 
Department of Social Development and Welfare, MSDHS) 
 
The Anti-Human Trafficking Division (AHTD), Royal Thai Police, 
reported that AHTD alone (not including other police divisions) 
investigated 134 cases of human trafficking. More than half of the 
cases involved sexual exploitation and one-fourth of the cases 
involved forced labor. Statistics by type of crime follow: 
 
Table 4: Number of TIP investigations by the Anti-Human Trafficking 
Division, Royal Thai Police (June 2008-November 2009) 
(Unit: Number of cases) 
 
Types of crime                               Number of cases 
--------------                               --------------- 
Forced Prostitution                                  62 
Other forms of sexual exploitation                   15 
Forced beggars                                       14 
Enslavement                                           4 
Forced labor                                         36 
Blackmail                                             3 
 
Total                                               134 
                                                    --- 
(Source: Anti-Human Trafficking Division as of January 2010) 
 
The Ministry of Foreign Affairs (MFA) Department of Consular Affairs 
reported 309 Thai nationals were classified as TIP victims abroad 
and repatriated to Thailand with MFA assistance in 2009 (January - 
December 2009). The breakdown by destination country follows: 
 
Table 5: Number of Thai TIP victims abroad who were repatriated back 
to Thailand (Unit: Number of Persons) 
Destination   FY 2006   FY2007   FY 2008        CY 2009 
                      (Oct08-Sep09)  (Jan-Dec09) 
----------    ------    -------  --------       ------- 
Bahrain         236         368       360        216 
Singapore         9          14         3          9 
Malaysia         39          12        73         36 
South Africa     20           3         1          5 
Saudi Arabia      0           3         0          0 
Hong Kong         2           2         1          2 
Japan             3           1         0          5 
United Kingdom    5           0         0          0 
 
BANGKOK 00000468  005.2 OF 044 
 
 
Taiwan            0           0         5          1 
Maldives                                          15 
China                                              5 
Oman                                               5 
Timor                                              3 
USA                                                3 
Brunei                                             1 
Vietnam                                            1 
Germany                                            1 
 
Total           397         403       443        309 
                                                 --- 
(Source: Department of Consular Affairs, Ministry of Foreign 
Affairs) 
 
 
-- C. TO WHAT KIND OF CONDITIONS ARE THE TRAFFICKING VICTIMS 
SUBJECTED? 
 
Thai and foreign victims found themselves in situations of forced or 
bonded labor, forced commercial sexual exploitation, domestic 
servitude, or other exploitive conditions. 
 
The sectors in which trafficked persons were most commonly found in 
Thailand were (in no particular order) 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 or 
required by law.  In fishing-related industries, workers at times 
remained at sea for long periods (3 months to multiple years), did 
not receive pay, and were threatened or physically beaten. In the 
commercial sex industry, women were at times forced to work with 
multiple clients. 
 
-- D. VULNERABILITY TO TIP: ARE CERTAIN GROUPS OF PERSONS MORE AT 
RISK OF HUMAN TRAFFICKING (E.G. WOMEN AND CHILDREN, BOYS VERSUS 
GIRLS, CERTAIN ETHNIC GROUPS, REFUGEES, IDPS, ETC.)?  IF SO, PLEASE 
SPECIFY THE TYPE OF EXPLOITATION FOR WHICH THESE GROUPS ARE MOST AT 
RISK 
 
Migrants, ethnic minorities, and stateless people were more at risk 
than Thai nationals. The majority of people trafficked to Thailand 
were illegal migrants smuggled into Thailand from Burma, Laos, and 
Cambodia who often had no valid visa or work permit, did not speak 
Thai, had little knowledge of Thai law, or did not understand how to 
access the Thai justice system, according to 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. 
Adult male victims were often found in the fishing (and related) 
industries. 
 
In November 2009, MSDHS published a list of thirty provinces that 
are most at risk for human trafficking, including seven northern 
provinces (Chiang Rai, Chiang Mai, Lam Pang, Utaradit, Pitsanulok, 
Payao, Phrae), six northeastern provinces (Sa Kaew, Ubon Ratchatani, 
 Mukdaharn, Udontani, Kon Kaen, Nakorn Ratchasima), four central 
provinces (Nakorn Sawan, Samut Sakhon, Samut Prakarn, Sukothai), 
four eastern provinces (Prachin Buri, Rayong, Trad, Chantaburi), and 
nine southern provinces (Ranong, Surathani, Phuket, Songkla, Yala, 
Chumporn, Pattani, Nakorn Sidhammarat, Phang Nga). 
 
In July, 2009, the Thai government began implementing an amnesty 
program for illegal migrant workers in Thailand through which 
employed migrants from Laos, Cambodia, and Burma could apply for 
temporary work permits and must have their nationality verified by 
 
BANGKOK 00000468  006.2 OF 044 
 
 
their government.  Those who fail to regularize their status through 
participation in the program will be subject to deportation. 
Observers in civil society and some of Bangkok's resident UN 
agencies acknowledged the program as a positive step taken by the 
RTG to protect migrants by bringing them into the formal labor 
market, with related benefits such as access to health insurance. 
Nonetheless, the Thai government's implementation of the program has 
been met by criticism: poor communication to migrant communities, 
under-regulation of private companies involved, high fees, and 
unrealistic deadlines, among others.  The RTG modified aspects of 
the program to benefit migrants in response to media and NGO 
criticism, but problems remain.  Even critics agreed the Burmese 
government, by its refusal to allow nationality verification within 
Thailand, was to blame for the system that could lead to the 
exploitation of migrants. Nonetheless, there were no known cases of 
severe exploitation (including human trafficking) of participating 
migrants. 
 
-- 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 GAIN DIRECT ACCESS TO 
VICTIMS?  FOR EXAMPLE, ARE THE TRAFFICKERS RECRUITING VICTIMS 
THROUGH LUCRATIVE JOB OFFERS?  ARE VICTIMS SOLD BY THEIR FAMILIES, 
OR APPROACHED BY FRIENDS OF FRIENDS?  ARE VICTIMS "SELF- PRESENTING" 
(APPROACHING THE EXPLOITER WITHOUT THE INVOLVEMENT OF A RECRUITER OR 
TRANSPORTER)? IF RECRUITMENT OR TRANSPORTATION IS INVOLVED, WHAT 
METHODS ARE USED TO RECRUIT OR TRANSPORT 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 small groups 
that specialized in certain geographic areas, to more 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.  Human smuggling and 
the use of false documents were regularly reported in Thailand. 
 
A study conducted by UNIAP in collaboration with an NGO on brokers 
and agents in Samut Sakhon indicated that labor brokers were either 
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 small groups or 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 another broker/employer, or charging excessive fees for 
workers for migrant registration and nationality verification 
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) until workers are able to paid off all debts.  Some 
migrants pay fees before their journey to Thailand and some work to 
pay off their recruitment and transportation fees after arriving in 
Thailand and beginning to earn income. 
 
According to MAF, which has conducted research of the deep-sea 
fishing industry, male trafficking victims were fraudulently 
recruited by strangers at transport stations (i.e., train stations 
and bus stations) and parks upon arrival in Thailand.  Promised 
well-paying jobs, the victims were trafficked through labor brokers 
into forced labor situations on fishing boats. Some recruiters lured 
the victims to entertainment establishments (such as karaoke bars) 
where they incurred debt, and then either volunteered or were forced 
to work on fishing boats to pay it off.  Most traffickers were 
individual persons or small groups that specialized in one 
geographic area or economic sector, and provided a single service 
 
BANGKOK 00000468  007.2 OF 044 
 
 
such as transportation, forged documents, recruitment, or 
accommodation for victims.  Traffickers sometimes worked together, 
however there appeared to be no formal relationship or rigid 
hierarchical pattern within these informal networks. Traffickers 
were also reportedly involved in other illegal activities, such as 
drugs or weapons trafficking. 
 
Post is not aware of substantiated reports of the selling of victims 
by family members in Thailand. However, MAF reported that there were 
many cases of Cambodian parents sending their children to beg on the 
street of Thailand, leaving them vulnerable to exploitation. 
 
As a source country, AHTD 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. 
 
II) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: 
 
-- A. DOES THE GOVERNMENT ACKNOWLEDGE THAT HUMAN TRAFFICKING IS A 
PROBLEM IN THE COUNTRY?  IF NOT, WHY NOT? 
 
The Thai government acknowledges human trafficking as a serious 
problem in Thailand and has made substantial efforts to address it. 
The Thai government continues efforts to fully implement its 
comprehensive 2008 anti-trafficking law.  Thai Prime Minister 
Abhisit monitored Thailand's human trafficking situation as the 
chair of the RTG's Anti-Trafficking in Persons (ATP) committee.  In 
January 2010, Prime Minister Abhisit was filmed for a short 
television spot that aims to raise awareness on human trafficking 
and encourage Thais to help combat it by informing authorities when 
they see the potential incidents. The spot is expected to air in the 
first quarter of 2010. 
 
Under the supervision of the RTG's Coordinating and Monitoring of 
Anti-Trafficking in Persons Performance (CMP) committee, MSDHS 
continued developing a 2011-2016 national-level policy and plan to 
combat human trafficking. In January 2010, the RTG submitted the 
draft plan for comment through four public hearings (with 
participation by NGOs, academia, and international agencies) in four 
locations: Khon Kaen, Chiang Mai, Hat Yai, and Bangkok. After 
recommendations are integrated into the national policy and plan, it 
will be submitted to the cabinet for approval, hopefully during the 
third quarter of 2010, according to MSDHS. 
 
Government agencies, including MSDHS, MOL, OAG, and DSI, made public 
announcements that combating human trafficking is a priority area. 
The Children and Women Protection Division (CWD) of the Royal Thai 
Police (RTP), established in July 2005 as a specialized division for 
investigating crimes involving children, juveniles, and women, 
changed its name to the "Anti-Human Trafficking Division" (AHTD) in 
September 2009 to reflect its shift in priority toward all human 
trafficking crimes, including those against men. 
 
Other RTG activities to combat human trafficking in 2009 included: 
 
- Using FY 2010 budgetary funds, the Thai government implemented a 
TIP awareness raising campaign, providing training workshops to 
youth groups 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). 
 
- MSDHS organized anti-TIP training sessions specifically for 
"competent officials," as defined by the 2008 TIP law and relevant 
subordinate regulations.  Ministry officials noted training sessions 
have taken and will take place from December 2009 to March 2010 and 
expect at least 1,000 participants. 
 
- 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 
 
BANGKOK 00000468  008.2 OF 044 
 
 
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. 
 
- 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 news 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. 
 
- The RTG set up a working group on human trafficking in the fishing 
industry which met at least nine times, and as recently as January 
¶2010.  (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 including MAF and LPN). The 
CMP reports to Thailand's Anti-Trafficking in Persons Committee 
(ATP), chaired by the Prime Minister. End Note.). 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. 
 
- Regarding the implementation of article 37 of Thailand's 
anti-human trafficking law that authorizes, in certain 
circumstances, the provision allowing TIP victims to temporarily 
work in Thailand (presumably outside shelters): MSDHS requested that 
the Thai Council of State determine whether article 37 of 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.  The Council of State 
responded in December 2009 that article 37 conflicts with other Thai 
laws, thereby requiring legal changes before the article 37 
provisions can be fully implemented.  MSDHS officials continue 
developing work opportunities for TIP victims within Thai shelters 
(such as handicraft making) so that victims can receive income while 
they are housed in shelters. MSDHS officials continued seeking to 
develop procedures 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.  In some instances, male TIP 
victims were allowed to work outside of shelters at construction 
sites during the day and return to the shelters at night (Note: it 
is unclear whether these individuals held Thai work permits.  End 
Note.).  There were other reported occasions in which local 
officials allowed victims to work outside shelters on a case by case 
basis. 
 
- The RTG 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. 
The working group developed guidelines for government officials who 
counsel women who contact them (for instance, when applying for a 
passport) when making arrangements to marry foreigners through 
marriage services providers. 
 
-- B. WHICH GOVERNMENT AGENCIES ARE INVOLVED IN EFFORTS TO COMBAT 
SEX AND LABOR TRAFFICKING - INCLUDING FORCED LABOR - AND, WHICH 
AGENCY, IF ANY, HAS THE LEAD IN THESE EFFORTS? 
 
Thailand's 2008 TIP law stipulated the establishment of 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. In 2009, 
 
BANGKOK 00000468  009.2 OF 044 
 
 
the ATP and CMP conducted three and six meetings respectively.  The 
ATP's priority in 2009 was the development of the 2011-2016 national 
policy and plan to combat human trafficking; a policy and plan to 
combat human trafficking in the fishing industry; and the 
development of a human trafficking database.  Activities supervised 
by the CMP in 2009 included formal international cooperative efforts 
on TIP (e.g., through the UN's Coordinated Mekong Ministerial 
Initiative Against Trafficking (COMMIT) process and the development 
of memoranda of understanding, such as with Burma); the development 
of guidelines for law enforcement officers to improve coordination 
on prosecutions; the development of a training curriculum for 
"competent officials" under the TIP law; the development of 
guidelines to help prevent fraudulent marriages between Thai women 
and foreign nationals; and the creation of a working group focused 
on the U.S. Department of State's TIP report. 
 
The government agency responsible for coordinating the RTG's broad 
anti-TIP work is the Ministry of Social Development and Human 
Security (MSDHS).  Specifically, 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 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. 
Office of Welfare Promotion, Protection and Empowerment of 
Vulnerable Groups under the MSDHS is also responsible for training 
for the multidisciplinary teams and "competent officials" under the 
Anti-TIP Act as well as awareness raising campaigns nationwide to 
prevent human trafficking. 
 
Other RTG entities include the Ministry of Labor (MOL), the Ministry 
of Tourism and Sports, the Ministry of Interior, the Ministry of 
Foreign Affairs (MFA), 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 Office of the Attorney General, 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.  MSDHS takes the lead on victim protection and 
prevention efforts. The MOL takes the lead on labor trafficking 
prevention and the protection of worker's rights (through 
inspections). According to a UN official, the Ministry of Education 
conducted child-specific prevention activities by raising awareness 
among children. 
 
With regards to investigation and prosecution, the Anti-Human 
Trafficking Division: AHTD (formerly known as Children and Women 
Protection Division) of the Royal Thai Police (RTP) is the 
specialized police division for investigating human trafficking 
crimes. The revitalized AHTD is structured as six units consisting 
of approximately four hundred police officials. 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. 
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) under the Ministry of 
Justice designated four full-time officers to work specifically on 
human trafficking.  While DSI cannot investigate specific cases 
without approval from the DSI board, the agency worked to develop a 
database on trafficker networks with the goal of understanding human 
trafficking. In 2009, DSI was reportedly involved in investigating 
 
BANGKOK 00000468  010.2 OF 044 
 
 
at least eight human trafficking-related cases. 
 
UN and NGO staff working closely with the RTG commented that RTG 
anti-TIP trainings since 2008 started to show significant impact in 
2009 in terms of better coordination and understanding on human 
trafficking among RTG officials.  Other NGOs noted that much work 
remains as this increased understanding is not found in most 
frontline implementers, especially local police due to frequent 
personnel rotations. 
 
-- C. WHAT ARE THE LIMITATIONS ON THE GOVERNMENT'S ABILITY TO 
ADDRESS THESE PROBLEMS 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, demand for sexual services in 
the tourism and entertainment sectors, and a strong 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. 
 
Language barriers hampered the RTG's ability to work with non-Thai 
TIP victims, whether to provide protection or facilitate 
prosecution. In an effort to remedy the situation, the RTG (with 
support from NGOs (such as World Vision) and international 
organizations (such as the International Organization for Migration 
(IOM) and UNIAP) developed a list of qualified interpreters to help 
communicate with victims in government shelters and the RTG's 
anti-TIP hotline. 
 
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 were understaffed and lack 
sufficient resources to effectively see cases through to conclusion. 
The justice system remained slow in its handling of all criminal 
cases, including TIP crimes.  Resources for labor inspection, both 
financial and human, within the Ministry of Labor were also limited. 
 Observers reported that cooperation between police and prosecutors 
to effectively bring TIP (and other) cases to successful prosecution 
is an area requiring continued improvement. 
 
According to one (well-informed) NGO, the fact that most traffickers 
are individuals or small groups only loosely working together and 
who are often illegal migrants themselves makes law enforcement 
efforts difficult. The NGO opined that local-level police have 
difficulty tracing, or are not eager to trace, entire trafficking 
networks since they often involve activity outside their 
jurisdiction. 
 
-- 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 
 
BANGKOK 00000468  011.2 OF 044 
 
 
an annual report regarding Thailand's TIP situation, including 
guidelines for future activities. 
 
In 2009, the RTG, led by the Anti-Trafficking in Persons Committee 
(ATP) chaired by the Prime Minister, agreed upon a plan to develop a 
comprehensive trafficking database including data from three key 
areas: victim assistance, protection, and prosecution.  A working 
group tasked with developing the database and including 
representatives from relevant agencies reported difficulties in 
linking data from different government agencies (i.e., the existing 
police database system does not include that of other agencies such 
as MSDHS, the shelters of which maintain victim information in paper 
form). 
 
In 2009, the RTG hired an independent research team from Sukothai 
Tammatirach University to conduct an evaluation of the RTG's 
2005-2010 national policy and plan to combat human trafficking.  In 
addition, the RTG makes information on its anti-TIP activities 
available through the COMMIT process through which senior officials 
from six Greater Mekong Subregion (GMS) countries meet to share 
achievements and lessons-learned from anti-trafficking projects 
implemented within their countries. 
 
With regards to law enforcement, the Transnational Crime 
Coordination Center (TCCC), was set up within the Royal Thai Police 
as a specialized unit responsible for collecting and analyzing 
information, strategic planning, and coordinating work on eleven 
types of transnational crimes (including human trafficking). 
However, TCCC remains reliant on other agencies in the Royal Thai 
Police to collect information and populate its databases, thereby 
creating an operational challenge.  Nonetheless, observers noted 
eagerness on the part of various police elements to collaborate in 
this area. 
 
-- E. WHAT MEASURES HAS THE GOVERNMENT TAKEN TO ESTABLISH THE 
IDENTITY OF LOCAL POPULATIONS, INCLUDING BIRTH REGISTRATION, 
CITIZENSHIP, AND NATIONALITY? 
 
For Thai citizens, the Civil Registration Act 1991 requires that 
parents register birth notifications (Tor Ror 1/1) with 
district-level administrative offices within 15-30 days of the date 
of birth of a child. The district administration then issues a birth 
certificate (Tor Ror 3) that includes a thirteen-digit personal 
identification number. 
 
For non-Thai citizens (both legally and illegally in Thailand), 
parents can register birth notifications (Tor Ror 1/1) to certify 
that the child is born in Thailand. Only the child of legal migrants 
from three neighboring countries (Lao, Cambodia, Burma) who were 
temporarily allowed to work in Thailand can receive a birth 
certificate of non-Thai nationality, along with a thirteen-digit 
personal identification number. The child's name is then added to 
the list of residents in a home as part of a required home 
registration. 
 
A significant but indeterminate number of stateless persons resided 
in Thailand. In accordance with Thai law, children born in Thailand 
before 1992 to illegal immigrant parents who entered Thailand after 
October 1985, are eligible to apply for Thai citizenship. The law 
also empowers local officials to make determinations of these 
citizenship claims instead of the Ministry of Interior as in the 
past.  This change significantly reduces processing time and the 
complexity of the application process. 
 
Specifically, the 2008 Nationality Act allows children who are born 
in Thailand to stateless parents to apply for citizenship with proof 
of birth place. However, because of poverty and restricted mobility 
of highlanders, documentation and evidence of birth was usually 
difficult to provide. In addition, those stateless persons who were 
born in the country and who may be able to prove citizenship 
eligibility often waived that privilege to classify themselves as 
"migrants" and gain access to certain jobs unavailable to stateless 
persons. In doing so, however, these individuals lost any basis for 
 
BANGKOK 00000468  012.2 OF 044 
 
 
citizenship eligibility that they previously held.  The 2008 law 
allows these individuals to reclaim their eligibility, i.e. to 
develop their legal personal status, provided they relinquish 
migrant worker status, i.e. give up their work permits. 
 
With regard to refugees, parents inform camp committees of the birth 
of a child after which district officers (or camp commanders if 
authority is delegated to them) issue a birth notification (Tor Ror 
1/1), certifying the birth of a child.  While there is a law that 
allows the Thai government to issue the birth certificate (Tor Ror 
3), in practice, the Ministry of Interior is not yet be able to 
issue the birth certificate for refugee children dut to technical 
problems. 
 
-- F. TO WHAT EXTENT IS THE GOVERNMENT CAPABLE OF GATHERING THE DATA 
REQUIRED FOR AN IN-DEPTH ASSESSMENT OF LAW ENFORCEMENT EFFORTS? 
WHERE ARE THE GAPS?  ARE THERE ANY WAYS TO WORK AROUND THESE GAPS? 
 
While making efforts to do so, the RTG's data on law enforcement 
efforts is not fully integrated.  Government shelters, the police, 
and the Office of the Attorney General, as well as the Thai Courts 
(a separate branch of government) use different applications to 
collect data.  An RTG team is working to develop an integrated 
database combining the victim assistance database, prosecution 
database, and the protection database (see answer to question 
II(D)). 
 
III) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
FOR QUESTIONS A-D, POSTS SHOULD HIGHLIGHT IN PARTICULAR WHETHER OR 
NOT THE COUNTRY HAS ENACTED ANY NEW LEGISLATION SINCE THE LAST TIP 
REPORT. 
 
-- A. EXISTING LAWS AGAINST TIP...PLEASE PROVIDE A FULL INVENTORY OF 
TRAFFICKIGN LAWS, INCLUDING NON-CRIMINAL STATUTES THAT ALLOW FOR 
CIVIL PENALTIES AGAINST ALLEGED TRAFFICKING CRIMES... 
 
In 2009, the RTG approved various subordinate regulations to 
Thailand's 2008 anti human trafficking law (Anti-TIP Act), all of 
which improved the legal/regulatory framework to combat exploitative 
labor, including of children.  The regulations provide clear 
guidelines and instructions for relevant officials in implementing 
the 2008 human trafficking act. The regulations under the Anti-TIP 
Act: 
 
- establish rules regarding the protection and usage of documents or 
information related to TIP offenses (November 2008), 
- establish norms on the registration of non-governmental 
organizations (NGOs) and the assistance they provide during anti-TIP 
Operations (March 2009), 
-  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)(May 2009), 
- govern the provision of temporary protection for trafficking 
victims (October 2009), 
- establish rules governing TIP victim assistance, repatriation, and 
compensation (October 2009), and 
- define "competent official" to determine which official has 
authority to perform certain duties under the law (April 2009). 
 
The Thai government's 2009-2014 National Plan of Action on 
eliminating the worst forms of child labor (NPP) was approved by its 
national committee on September 29, 2008 and by the Thai cabinet on 
January 28, 2009. The National Plan of Action identifies "bad" forms 
of child labor, which include: all forms of slavery, debt bondage, 
forced or compulsory labor including forced or compulsory 
recruitment of children for use in armed conflict, commercial sex 
work, including participation in pornographic movies and still 
photographs; and labor involving the sale or transport of illegal 
drugs (in line with ILO Convention 182).  The NPP addresses five 
strategic goals, including 1) the prevention of the worst forms of 
child labor (WFCL) 2) the protection and withdrawal of children from 
 
BANGKOK 00000468  013.2 OF 044 
 
 
the WFCL 3) effective law enforcement and improvement of relevant 
legislation 4) knowledge development and capacity building 5) the 
development of an administrative system. 
 
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 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. 
 
Criminal Code (1956) 
--------------------- 
-- Defines punishment for a person who procures, lures, detains, 
traffics, distributes, or transports a man 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 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. 
 
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 
 
BANGKOK 00000468  014.2 OF 044 
 
 
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 
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 (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 
 
BANGKOK 00000468  015.2 OF 044 
 
 
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 THE TRAFFICKING OF PERSONS FOR 
COMMERCIAL SEXUAL EXPLOITATION, INCLUDING FOR THE FORCED 
PROSTITUTION OF ADULTS AND THE PROSTITUTION OF CHILDREN? 
 
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). 
 
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.  End Note.) 
- 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 
 
BANGKOK 00000468  016.2 OF 044 
 
 
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 LABOR TRAFFICKING OFFENSES, 
INCLUDING ALL FORMS OF FORCED 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 COMPELLED 
SERVICE IN THE DESTINATION COUNTRY?  IF YOUR COUNTRY IS A 
DESTINATION FOR LABOR MIGRANTS (LEGAL/REGULAR OR ILLEGAL/IRREGULAR), 
ARE THERE LAWS PUNISHING EMPLOYERS OR LABOR AGENTS WHO CONFISCATE 
WORKERS' PASSPORTS OR TRAVEL DOCUMENTS FOR THE PURPOSE OF LABOR 
TRAFFICKING, SWITCH CONTRACTS WITHOUT THE WORKER'S CONSENT AS A 
MEANS TO KEEP THE WORKER IN A STATE OF COMPELLED SERVICE, OR 
WITHHOLD PAYMENT OF SALARIES AS MEANS OF KEEPING THE WORKER IN A 
STATE OF COMPELLED 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: 
- 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. End Note.) 
- 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 of 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 
of 60,000-200,000 baht (1,714-5,714 USD). 
 
BANGKOK 00000468  017.2 OF 044 
 
 
 
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 baht (USD 2,857) 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 
----------------- 
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 a victim 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 
lifetime imprisonment or between 7-20 years imprisonment; 
-if victims die, an offender will be subject to the death penalty or 
lifetime 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 imprisonment not 
exceeding 5 years or fines 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 imprisonment not 
exceeding 7 years or fines not exceeding 14,000 baht (400 USD)or 
both. 
 
-- D. WHAT ARE THE PRESCRIBED PENALTIES FOR RAPE OR FORCIBLE SEXUAL 
ASSAULT? (NOTE:  THIS IS NECESSARY TO EVALUATE A FOREIGN 
GOVERNMENT'S COMPLIANCE WITH TVPA MINIMUM STANDARD 2, WHICH READS: 
"FOR THE KNOWING COMMISSION OF ANY ACT OF SEX TRAFFICKING... THE 
GOVERNMENT OF THE COUNTRY SHOULD PRESCRIBE PUNISHMENT COMMENSURATE 
WITH THAT FOR GRAVE CRIMES, SUCH AS FORCIBLE SEXUAL ASSAULT (RAPE)." 
 END NOTE) 
 
Since 2008, the RTG has 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: 
-In the case of forced rape or forcible sexual exploitation, 4-20 
years imprisonment or fines from 8,000-40,000 baht (229-1,143 USD). 
If an offender uses a weapon or is involved in a group rape, 15-20 
years imprisonment and fines between 30,000-40,000 baht (857-1,143 
USD), or life imprisonment. 
 
 
BANGKOK 00000468  018.2 OF 044 
 
 
-- Section 277: 
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 from 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 from 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 TAKE LEGAL 
ACTION 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 TRAFFICKING OFFENDERS 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).   WHAT WERE THE ACTUAL PUNISHMENTS IMPOSED ON CONVICTED 
TRAFFICKING OFFENDERS? ARE THEY SERVING THE TIME SENTENCED?  IF NOT, 
WHY NOT? 
 
The RTG does not yet have an integrated database system that 
includes information from the police, prosecutors, and courts. 
While government shelters under MSDHS maintain victim case records, 
they monitor the progress of prosecution efforts through the 
criminal court level but not through the appeals process to higher 
courts.  As such, comprehensive data on law enforcement efforts is 
not readily available.  Nonetheless, in 2009 the RTG's 
Anti-Trafficking in Persons Committee (ATP) agreed upon a plan to 
develop a comprehensive trafficking database (see details in II(D)). 
 The RTG did provide data on law enforcement efforts as follows: 
 
The Anti-Human Trafficking Division (AHTD), Royal Thai Police, 
reported that AHTD alone (not including other police divisions) 
investigated 134 cases of human trafficking. More than half of the 
cases involved sexual exploitation and one-fourth of the cases 
involved forced labor. Statistics by type of crime follow: 
 
Table 4: Number of TIP investigations by the Anti-Human Trafficking 
Division, Royal Thai Police (June 2008-November 2009) 
(Unit: number of cases) 
 
BANGKOK 00000468  019.2 OF 044 
 
 
 
Types of crime                               Number of cases 
--------------                               --------------- 
Forced Prostitution                                  62 
Other forms of sexual exploitation                   15 
Forced beggars                                       14 
Enslavement                                           4 
Forced labor                                         36 
Blackmail                                             3 
 
Total                                               134 
                                                    --- 
(Source: Anti-Human Trafficking Division as of January 2010) 
 
The Office of the Attorney General (OAG) reported that in FY 2009, 
it received 19 cases involving human trafficking crimes, 17 of which 
the OAG initiated prosecutions and two of which the OAG declined to 
prosecute.  In FY 2010, it has initiated prosecutions in eight cases 
received. 
 
Number of TIP prosecutions by the OAG (FY 2008-FY 2010) 
(Unit: case) 
Fiscal year   Received   Initiate Prosecution   Declined 
-----------   --------   --------------------   -------- 
2008             28             18                 10 
 
2009             19             17                  2 
 
2010              8              8                  0 
                  -              -                  - 
(Source: Office of Attorney General (OAG)) 
 
 
Examples of TIP cases investigated and prosecuted (both open and 
complete) in 2009, as well as details of other TIP-related cases 
with new information during 2009, follow (note: case titles are 
Post's own and not used officially by the RTG.  Cases are not listed 
in any particular order.): 
 
Anoma 
----- 
In March 2008, the Anoma shrimp factory in Samut Sakhon was raided 
by Thai police, with 73 workers classified by Thai authorities as 
trafficking victims (38 adults and 35 children under age 17).  The 
Thai police inspector's office of the city district of Samut Sakhon 
completed the investigation into the Anoma factory case and filed it 
with the Office of Attorney General of Samut Sakhon on August 19, 
¶2008.  The Police filed civil and criminal charges against two Thai 
citizens in the case: the owner of the Anoma factory and her brother 
the factory manager.  The Office of the Attorney General submitted 
the case on September 10, 2008, to the responsible criminal court. 
On November 26, 2009 the court convicted and sentenced the two 
offenders; one offender to five years in prison and a 1 million baht 
fine, and the second offender to eight years in prison and a 2 
million baht fine.  The defendants were convicted under relevant 
sections of Thailand's Immigration Act and Measures in Prevention 
and Suppression of Trafficking in Women and Children Act, Criminal 
Code, Alien Employment Act, Immigration Act, and Labor Protection 
Act.  The conviction was significant as it was the first human 
trafficking conviction involving Thailand's fisheries-related 
industries, which includes shrimp processing. 
 
Payao 
----- 
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 ages 11 to 18. The two individuals 
arrested were charged with human trafficking, procurement for the 
purpose of prostitution and harboring of illegal immigrants. One of 
the arrestees, the owner of the establishment, has since died from 
disease. Criminal proceedings continue against the other with 
witness testimony taken in February 2010.  Prosecutors are also 
 
BANGKOK 00000468  020.2 OF 044 
 
 
seeking damages in the amount of 100,000 baht (2,857 USD) per 
victim. 
 
Ranya Paew 
---------- 
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.  The police 
interviewed 66 victims and other witnesses between December 2006 and 
March 2008 before filing with prosecutors.  In July 2008, they filed 
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 trial is set to begin in a Bangkok criminal court 
on May 18, 2010. 
 
Pancake 
------- 
In October 2009, a NGO received a report that a 17 year-old Burmese 
boy from Mae Sot, Tak had been kidnapped and forced to work in a 
rotee pancake shop in Fang, Chiang Mai. The boy had escaped after 
being forced to sell pancakes without pay and often physically 
assaulted by his employer.  The NGO informed law enforcement 
authorities of the case through the multi-disciplinary team of 
government and non-governmental officials in Chiang Mai, after which 
police issued a warrant for the arrest of the business owner on 
charges of kidnapping, taking a minor away from a parent, forced 
labor, and human trafficking.   The boy is being cared for in a 
shelter. 
 
Flower Girl 
----------- 
The Children and Women Protection Division (CWD) arrested a Burmese 
woman on July 14, 2008 on charges of child exploitation and human 
trafficking.  A second individual, a man, was arrested in the 
following weeks. The victim, a 16 year-old Burmese girl, was forced 
to sell flowers at night in Bangkok since age 10.  The victim 
reported being beaten if she did not earn enough money.  Post 
received an unconfirmed report that a criminal court convicted the 
two offenders for physical abuse of a child and providing shelter to 
an illegal migrant (we will follow septel should new information 
become available). 
 
Trang: November 23 
------------------ 
On November 23, officers from DSI, Immigration police, local police, 
MSDHS, and the Ministry of Labor, along with representatives from 
NGOs LPN and MAF jointly rescued 51 Burmese workers from a locked 
room at a port in Kantang district, Trang province, presumably to be 
used as laborers on fishing vessels.  15 individuals were identified 
as human trafficking victims and 26 were identified as potential 
trafficking victims, all of whom were taken to government shelters 
in Songkla and Ranong.  The police reportedly arrested one (Burmese) 
man at the time of the rescue who was guarding a door behind which 
the victims were found.  Police later arrested a local port operator 
for providing shelter to illegal immigrants.  In January 2010, a 
court sentenced the guard to 2 years imprisonment for human 
trafficking (he did not contest the charges, thereby receiving this 
reduced sentence).  The port operator was fined 40,000 baht for 
providing shelter to illegal migrants.  Local police are reportedly 
continuing the investigation to facilitate the arrest of additional 
individuals, including the three Burmese brokers who brought the 
victims from Burma to Thailand. 
 
Trang: April 22 
--------------- 
On April 22, 2009, the Department of Special Investigations (DSI), 
Immigration police, and officials from the Trang Provincial MSDHS 
office rescued two ethnic Rohingya victims of trafficking who were 
brought to a RTG shelter in Songkla Province.  Law enforcement 
 
BANGKOK 00000468  021.2 OF 044 
 
 
questioned 10 Burmese and one Thai in the raid, charging one of the 
Burmese (a labor broker) for human trafficking under section 6(1) of 
the Anti-Human Trafficking Act.  Other Burmese were charged with 
illegal entry. The owner of the house was charged with providing 
shelter for illegal migrants under the Immigration Act and hiring 
illegal migrants to work under the Alien Employment Act. 
 
Laos Garland Factory 
-------------------- 
On May 17, 2009 the Thai Immigration police raided a small 
garland-making factory (located in a home) in Samut Sakhon, rescuing 
nineteen Laotian girls and young women, ages 12-20, who the police 
consider victims of human trafficking.  The Immigration police 
arrested the two factory owners, Mr. Kasem Pensuk and Mrs. Tawanrat 
Sukprasertngam, on charges of human trafficking, child labor, and 
receiving/sheltering illegal immigrants.  The Immigration Police and 
Ministry of Social Development and Human Securities (MSDHS) 
officials became aware of the case through another Laotian girl who 
had escaped the factory.  All twenty victims (including the 
escapee), after being cared for at a Thai government shelter, were 
repatriated on September 24, 2009.  Prosecutors have taken pre-trial 
statements in the criminal case.  In a civil settlement, the 
employer agreed to pay a total of 642,308 baht to the workers. 
 
Samaesan 
-------- 
On October 11, DSI, Thai Police (Region 2), marine police, 
provincial social workers from the Ministry of Social Development 
and Human Security (MSDHS), and representatives from Thai NGOs 
Mirror Foundation and LPN jointly rescued 18 Burmese laborers who 
were forced to work in fishing boats in Samaesan, Sataheep, in 
Chonburi province.  The operation resulted in the arrest of three 
offenders.  Mr. Mongkun Boonchosri (44), and Ms. Tinchoey (47) were 
charged with human trafficking, detaining and confining, forcing 
children under 18 to work, forcing people into slave labor, and 
providing shelter to illegal migrants.  Ms. Tinchoey and Mr. Aabapha 
(36) were also charged with attempting to bribe officers in an 
effort to avoid arrest. All 18 victims were sent to MSDHS' Chonburi 
Children and Family Home.  In preliminary interviews with government 
officials, the victims explained they were forced to work on the 
vessel in order to pay off broker fees and, if the boat captain was 
not satisfied with their work, the victims were beaten.  They also 
reported being locked in a room (on shore) against their will when 
the boat was docked and to being forcibly taken on board again when 
the boat departed.  The AHTD police continue to investigate the 
case. 
 
Vietnamese 
---------- 
In August 2009, Department of Special Investigation (DSI) officers 
rescued eight Vietnamese women and girls (ranging in ages from 
seventeen to twenty-one) from forced prostitution in a hotel in the 
Betong district of the southern province of Yala.  The raid took 
place after Vietnamese officials informed Thai counterparts of what 
they had learned of the case in Vietnam.  The officers arrested one 
woman for forced prostitution.  The victims had been told that they 
were going to work in restaurants in Singapore; instead, they were 
brought to Thailand and forced to work as prostitutes.  The victims 
are receiving services in a Thai government shelter, reportedly 
cooperating with the ongoing investigation by the AHTD. 
 
Moo Baan Factory 
---------------- 
On July 19, 2009, the Migrant Karen Labor Union (MKLU) received 
information from a worker in a shrimp peeling factory in Samut 
Sakhon regarding the forced labor of Burmese migrant workers who 
worked for approximately USD 1.50 per week.  The workers reportedly 
were moved from off-site living quarters to the factory in a locked 
container truck daily (approximately ten minute drive).  According 
the informant who had worked for six months at the factory, on July 
15, 2009, he and thirteen other workers escaped the factory, 
although ten of them were caught and brought back to the work place. 
 With this information from the NGO, Thai authorities raided the 
 
BANGKOK 00000468  022.2 OF 044 
 
 
factory on July 31, 2009 and rescued 52 Burmese migrant workers. The 
employer, his wife, and three other individuals were arrested after 
the raid.  15 female victims were taken to the Baan Kredtrakarn 
shelter in Nonthaburi Province and 20 other female victims were 
taken to a separate shelter.  13 male victims were taken to a 
shelter in Pathom Thani province (reportedly, only one of the 
thirteen male victims remained in the shelter, the others having 
been repatriated back to Burma or having run away).  According to a 
police official and an NGO with knowledge of the case, prosecutors 
are moving forward with the case against the factory owner and are 
taking witness testimony.  Ministry of Labor officials worked with 
the victims on a civil case to seek compensation for unpaid wages. 
 
 
Italy 
----- 
On May 29, 2009, a criminal court sentenced a Thai woman to 18 years 
imprisonment for trafficking three women from Thailand's Si Sa Ket 
to Italy, where they were forced to work as prostitutes.  The court 
also ordered the offender to pay the victims a total of 1.5 million 
Thai baht in compensation.  The victims, all adult women, were lured 
to Europe with the promise of well-paid jobs as house maids.  After 
arriving in Milan via Vienna in February 2006, the women were forced 
to work as prostitutes until Italian police rescued the women and 
repatriated them back to Thailand in August 2006. The offender was 
arrested in Si Sa Ket in July 2007 after she returned from Italy. 
 
South Africa 
------------ 
On June 30, 2009, a criminal court sentenced three women to seven 
years and six months in prison for trafficking two women for the 
purpose of sexual exploitation in South Africa in 2006.  The victims 
had paid the offenders 30,000 baht to bring them to what they 
thought would be a job in a bar.  When they arrived in South Africa, 
the victims were forced to work as prostitutes.  The victims escaped 
and were assisted by the Thai Embassy. Law enforcement officers then 
investigated and arrested the offenders. 
 
Bahrain 
------- 
On October 8, 2009, a criminal court sentenced a thirty-year old 
Thai male to seven years in prison for trafficking four women for 
the purpose of prostitution in Bahrain.  Each victim had paid the 
offender 150,000 baht (USD 4,545) for what they thought were 
waitressing jobs in a Thai restaurant in Bahrain.  After they 
arrived, the women were forced to work as prostitutes. 
 
Supanburi 
--------- 
On August 10, 2009, a criminal court sentenced a factory owner to 
death for the June 2007 death of a Karen migrant worker who 
attempted to flee a factory in Supanburi Province.  The worker had 
been subjected to forced labor and severe physical abuse; the 
factory owner was charged with murder and with providing work and 
shelter to illegal migrant workers. The case is currently under 
appeal. 
 
Waraporn 
-------- 
In March 2008, officials from CWD raided a shrimp-processing 
facility in Samut Sakhon province and identified 20 victims (out of 
approximately 300 interviewed) as trafficking victims.  A local NGO 
called in to assist the victims with interpretation services 
reported the raid and screening process were not conducted well, 
raising concerns potential victims were not identified. 
Nevertheless, the case is proceeding in the Thai court system with 
pre-trial statements completed on July 14, 2009. Ministry of Labor 
officials continue gathering information to support civil penalties. 
 
 
Prapha Navee 
------------ 
A fleet of six fishing vessels (called "Prapha Navee") returned to a 
 
BANGKOK 00000468  023.2 OF 044 
 
 
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 reportedly took over the case as the original 
criminal investigation stalled with arrest warrants issued only in 
the nicknames of the fishing boat captains involved.  To date, no 
arrests have been made.  Law enforcement officials have stated that 
the disposal of corpses at sea is a significant problem for the 
investigation, since Thai law requires presentation of a corpse or a 
part of a corpse to sustain a homicide charge.  They also noted 
potential witnesses were uninterested in testifying. 
 
-- F. DOES THE GOVERNMENT PROVIDE ANY SPECIALIZED TRAINING FOR LAW 
ENFORCEMENT AND IMMIGRATION OFFICIALS ON IDENTIFYING AND TREATING 
VICTIMS OF TRAFFICKING?  OR TRAINING ON INVESTIGATING AND 
PROSECUTING HUMAN TRAFFICKING CRIMES?  SPECIFY WHETHER NGOS, 
INTERNATIONAL ORGANIZATIONS, AND/OR THE USG PROVIDE SPECIALIZED 
TRAINING FOR HOST GOVERNMENT OFFICIALS. 
 
In 2009, the RTG revised and redistributed guidelines (in Thai) on 
trafficking victim identification. The guidelines had been developed 
in 2008, 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). 
 
MSDHS organized anti-TIP training sessions specifically for 
"competent officials" (including social workers, police, 
immigration, public health officer) as defined by the 2008 Anti-TIP 
law and the relevant subordinate regulation. The training involves 
an exam that officials must pass prior to being designated a 
"competent officials." The Ministry expects at least 1,000 
individuals will participate in the training sessions taking place 
from December 2009 to March 2010. 
 
In addition, the Thai Ministry of Labor in 2009, with support from 
the ILO, conducted two training sessions in Thailand's upper North 
and the Central region on the "Operational Guidelines for Labor 
Trafficking," finalized in April 2008.  Approximately 35 individuals 
participated in each session. 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). 
 
The OAG conducted training sessions on Thailand's Anti-TIP for 600 
public prosecutors from March 2008 to March 2009, and held a joint 
seminar on human trafficking with counterparts from Laos. From July 
20-24, the Asia Regional Trafficking in Persons Project (ARTIP) 
partnered with the OAG on a training workshop for thirty public 
prosecutors aimed at improving the prosecution of TIP crimes. 
 
-- 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. 
 
The Thai government cooperated broadly with other governments on TIP 
activities during the reporting period, including in the 
investigation and prosecution of TIP crimes (see examples of 
 
BANGKOK 00000468  024.2 OF 044 
 
 
specific cases investigated and prosecuted in the answer to question 
E above). 
 
As an example of cross-border cooperation, under existing MOUs, the 
RTG conducts regular meetings (at three levels) with the Lao and the 
Burmese government.  The first level "case conference" meetings 
occur in the event of a new case of cross-border trafficking, or an 
update on an old case.  At the meetings, social workers from Lao or 
Burma interview trafficked victims in order to obtain information 
for tracing their families and to assist coordination with the RTG 
on the victim's repatriation. The second level "case management 
meetings" between senior officials from the RTG and Lao or Burmese 
government are conducted at least every three months, with funding 
from the IOM. Thailand, Laos, and Burma take turns hosting the 
meetings that aim to solve implementation problems found through 
case conferences. Should recommended policy changes or revised 
procedures be identified through these meetings, the RTG takes them 
up at memorandum of understanding (MOU) plan of action meetings 
through the UN-organized "COMMIT process."  Reportedly, the 
government of Vietnam favors this model and is working with the RTG 
to develop one. 
 
Key and updated information on the Thai government' MOUs, bilateral 
and multilateral, though which it cooperates on TIP issues follow 
(from MSDHS and UN sources): 
 
-- Greater Mekong Subregion (GMS): the MOU on the UN's COMMIT 
process 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 seven 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 7) Cooperation with the 
Tourism Sector.  In November 5-6 2008 COMMIT meetings, COMMIT 
countries agreed to invite Malaysia to join the Initiative. 
 
-- Cambodia: the MOU between Thailand and Cambodia on Bilateral 
Cooperation for Eliminating Trafficking in Children and Women and 
Assisting Victims of Trafficking, was signed on May 31, 2003.  The 
MOU covers cooperation in 3 areas: 1) return and reintegration, 2) 
prosecution process guidelines and 3) information sharing. 
 
-- 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. A 
Plan of Action (POA) phase II (2010-2012) was finalized in September 
¶2009.  Key aspects of POA phase II include the exchange of 
information and knowledge on law enforcement and prosecution; the 
development of twin border cities; and reintegration support. 
 
-- Vietnam: the MOU between Thailand and Vietnam on Cooperation to 
Combat Trafficking in Persons was signed on March 24, 2008. On March 
19, 
2009, governments of both nations agreed to a joint plan of action 
that includes setting up a bilateral working group to combat human 
trafficking, conducting an assessment of the bilateral human 
trafficking situation and providing recommendations for preventive 
measures, collaborating on the provision of protection and 
repatriation of TIP victims, and expanding the sharing and exchange 
of information on TIP in general.  Teams from both countries are 
drafting standard operating procedures to assist trafficking 
victims, which are expected to be finalized in 2010. 
 
-- Burma: On April 24, 2009, the RTG and Burmese government signed 
an MOU on Cooperation to Combat Trafficking in Persons. The MOU 
covers areas such as prevention, protection, recovery and 
reintegration of victims, and law enforcement and prosecution 
 
BANGKOK 00000468  025.2 OF 044 
 
 
collaboration.  A related plan of action under the MOU was concluded 
on August 6, 2009 and calls for: 
(i) the establishment of a joint task force, 
(ii) an assessment of the bilateral human trafficking situation (to 
begin in the first quarter of 2010). 
(iii) coordination of multidisciplinary training on victim 
protection (MSDHS will host training sessions for officials from 
Thailand and Burma in the first quarter of 2010; MSDHS is developing 
a TIP training curriculum for interpreters who provide services in 
TIP cases and plans to provide training in 2010. 
(iv) improved reintegration mechanisms. 
 
-- Malaysia: The RTG proposed in July 2007 that Thailand and 
Malaysia sign a draft MOU on Cooperation to Combat Trafficking in 
Persons. The Malaysian government returned a draft MOU to Thailand 
for consideration in July 2009. 
 
-- 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. The final draft was reviewed by both sides in December 2009 
and it is expected to be signed in 2010. 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. 
 
-- Japan: The RTG and the Japanese government are reportedly working 
to set up a bilateral anti-human trafficking task force to develop a 
formal MOU and standard operating procedures on victim protection 
and reintegration. 
 
-- H. DOES THE GOVERNMENT EXTRADITE PERSONS WHO ARE 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 Office of the Attorney General (OAG), Thailand did 
not make any TIP-related extraditions in 2009. However, the RTG 
granted the TIP-related extradition concerning an American citizen, 
ordering his removal to the United States following his completion 
of a sentence of imprisonment in Thailand for related conduct.  The 
RTG also deported multiple American citizens wanted in the United 
States in child exploitation cases, including for child sex tourism. 
 The OAG also reported that it requested legal assistance on one 
TIP-related case and received three mutual legal assistance requests 
from other countries. 
 
-- I. IS THERE EVIDENCE OF GOVERNMENT INVOLVEMENT IN OR TOLERANCE OF 
TRAFFICKING, ON A LOCAL OR INSTITUTIONAL LEVEL?  IF SO, PLEASE 
EXPLAIN IN DETAIL. 
 
There were some reports (such as by Human Rights Watch) of local 
officials involved in the abuse of migrants, including forced labor. 
 There was no information indicating that there was any tolerance 
for trafficking at an institutional level. 
 
-- J. IF GOVERNMENT OFFICIALS ARE INVOLVED IN HUMAN TRAFFICKING, 
WHAT STEPS HAS THE GOVERNMENT TAKEN TO END SUCH COMPLICITY?  PLEASE 
INDICATE THE NUMBER OF GOVERNMENT OFFICIALS INVESTIGATED AND 
PROSECUTED FOR INVOLVEMENT IN TRAFFICKING OR TRAFFICKING-RELATED 
CRIMINAL ACTIVITIES 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. 
 
BANGKOK 00000468  026.2 OF 044 
 
 
Post was not aware of government officials investigated or 
prosecuted for involvement in trafficking or trafficking-related 
corruption during the reporting period. 
 
-- K. FOR COUNTRIES THAT CONTRIBUTE TROOPS TO INTERNATIONAL 
PEACEKEEPING EFFORTS... 
 
Per Ref. A, paragraph 29, not applicable. 
 
-- L. 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 
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 United Kingdom, the 
U.S.A., Canada, Australia, and to a lesser extent, Japan. 
 
According to the Office of the Attorney General (OAG), Thailand did 
not make any TIP-related extraditions in 2009. However, the RTG 
granted the TIP-related extradition concerning an American citizen, 
ordering his removal to the United States following his completion 
of a sentence of imprisonment in Thailand for related conduct.  The 
RTG also deported multiple American citizens wanted in the United 
States in child exploitation cases, including for child sex tourism. 
 The OAG also reported that it requested legal assistance on one 
TIP-related case and received three mutual legal assistance requests 
from other countries. 
 
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 cannot 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 
 
BANGKOK 00000468  027.2 OF 044 
 
 
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 76 temporary shelters 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 
9 main centers (five for women and children, and four for men).  The 
RTG established all four shelters for men (in Chiang Rai, 
Pathumtani, Ranong, and Songkla) since the June 2008 anti-TIP Act 
came into force (i.e., in general, during the reporting period). 
The RTG partners with NGOs in the rescue, protection, 
rehabilitation, and repatriation of TIP victims.  Victims were 
engaged in income generating activities within government shelters 
in which they resided (e.g., handicraft making by female victims) 
but generally not outside government shelters. 
 
The RTG made continued efforts to fully implement article 37 of 
Thailand's TIP law, which authorizes, in certain circumstances, TIP 
victims to temporarily work in Thailand (presumably outside 
shelters).  In some instances, male TIP victims were allowed to work 
outside of shelters at construction sites during the day and return 
to the shelters at night (Note: it is unclear whether these 
individuals held Thai work permits.  End Note.).  There were other 
reported occasions in which local officials allowed victims to work 
outside shelters on a case by case basis.  MSDHS also requested that 
the Thai Council of State determine whether article 37 of 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.  The Council of State 
responded in December 2009 that article 37 conflicts with other Thai 
laws, thereby requiring legal changes before the article 37 
provisions can be fully implemented. 
 
Thai embassies provided consular protection to Thai citizens who 
faced difficulties overseas.  In 2009, the MFA received a budget of 
6 million baht (USD 176,470) for TIP prevention and victim 
assistance activities and assisted in the repatriation of 309 
victims to Thailand. 
 
-- 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 2009, the RTG, through MSDHS, operated 76 temporary shelters 
in every Thai province and nine main shelters (five for adult women 
and children, and four for adult males and their families) that 
provide assistance to both Thai and foreign TIP victims.  Through 
the shelters, MSDHS's Bureau of Anti-Trafficking in Women and 
Children (BATWC) provides equal support to TIP victims regardless of 
their country of origin, responding to both their physical and 
psychological needs. 
 
MSDHS reported that government shelters received and provided 
assistance to 609 TIP victims in 2009, 530 foreigners and 79 Thai 
citizens (note: most Thai citizens who received assistance from the 
MSDHS chose to reside in their own home instead of a government 
shelter). Out of the 530 foreign TIP victims, almost three-fourths 
(398 victims) were victims of labor exploitation in factories (175 
victims), 170 worked in fisheries-related industries and 53 worked 
 
BANGKOK 00000468  028.2 OF 044 
 
 
as domestic employees. Less than one-fourth (108 victims) were 
victims of commercial sexual exploitation. 
 
Rehabilitation services provided to male and female trafficking 
victims differed slightly.  Life-skills training for female victims 
focused on   making handicrafts, sewing, and computer training. 
Life-skills training for male victims focused on farming, mushroom 
gardening, and hairdressing. 
 
-- C.  DOES THE GOVERNMENT PROVIDE TRAFFICKING VICTIMS WITH ACCESS 
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. 
 
Government shelters provide several types of support to trafficking 
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, farming, hairdressing, 
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. 
 
Despite the services provided to TIP victims, there were regular 
reports over the rating period of individual foreign TIP victims who 
chose to flee shelters, likely to attempt to return to families or 
to seek outside employment, and not await completion of formal - an 
often lengthy - repatriation procedures. 
 
-- 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 does not provide permanent residency status or other 
permanent relief from deportation for trafficking victims.  The RTG 
does allow those classified as foreign TIP victims to receive 
temporary (and often long-term) shelter and social services pending 
repatriation to their country of origin.  In 2009, shelter officials 
reported they provided protection and social services for 530 
foreign trafficking victims, including 57 from Cambodia, 260 from 
Burma, 195 from Laos, and 18 from other nations. The RTG provides 
the following assistance to foreigners trafficked into Thailand: 
 
-- temporary protection and rehabilitation as well as vocational 
 
BANGKOK 00000468  029.2 OF 044 
 
 
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, 
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? 
 
The RTG allows individuals classified as foreign TIP victims to 
receive temporary (and often long-term) shelter and social services 
pending repatriation to their country of origin.  MSDHS reported 
that government shelters received and provided assistance to 609 TIP 
victims in 2009, 530 foreigners and 79 Thai citizens. 
 
Government shelters provide several types of support to trafficking 
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, farming, hairdressing, 
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. 
 
RTG policy is based on the belief that TIP victims, including 
foreign, wish to return to their home community.  As such, services 
provided are on rehabilitation with the ultimate goal of 
reintegration with home communities, including through 
repatriation. 
 
-- 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 the coordination of raid/rescue operations, 
and protection and referral processes that involve relevant members 
 
BANGKOK 00000468  030.2 OF 044 
 
 
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). 
 
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. 
 
According to an NGO that partners with the RTG on victim assistance, 
training of RTG officials has improved coordination on TIP cases. 
Other NGO observers believe that frontline implementers of 
Thailand's TIP laws and policies require continued training to 
improve coordination more. 
 
-- G. WHAT IS THE TOTAL NUMBER OF TRAFFICKING VICTIMS IDENTIFIED 
DURING THE REPORTING PERIOD?  (IF AVAILABLE, PLEASE SPECIFY THE TYPE 
OF EXPLOITATION OF THESE VICTIMS - E.G. "THE GOVERNMENT IDENTIFIED X 
NUMBER OF TRAFFICKING VICTIMS DURING THE REPORTING PERIOD, Y OR 
WHICH WERE VICTIMS OF TRAFFICKING FOR SEXUAL EXPLOITATION AND Z OF 
WHICH WERE VICTIMS OF NONCONSENSUAL LABOR EXPLOITATION.)  OF THESE, 
HOW MANY VICTIMS WERE REFERRED TO CARE FACILITIES FOR ASSISTANCE BY 
LAW ENFORCEMENT AUTHORITIES DURING THE REPORTING PERIOD?  BY SOCIAL 
SERVICES 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. 
 
The Ministry of Social Development and Human Security (MSDHS) 
reported that 530 foreign women, children, and men were classified 
as TIP victims in Thailand and received assistance and protection at 
MSDHS shelters in 2009. Out of 530 foreign TIP victims, almost 
three-fourths (398 victims) were victims of labor exploitation: 175 
in factories, 170 in fisheries-related industries, and 53 as 
domestic employees. Less than one-fourth (108 victims) were victims 
of commercial sexual exploitation. 
 
AHTD reported that it alone (not including other police divisions) 
investigated 134 cases of human trafficking. More than half of the 
cases involved sexual exploitation and one-fourth of the cases 
involved forced labor.  The MFA Department of Consular Affairs 
reported 309 Thai nationals were classified as TIP victims abroad 
and repatriated to Thailand with MFA assistance in 2009 (see tables 
in answers to questions 1-B). 
 
-- 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 
 
BANGKOK 00000468  031.2 OF 044 
 
 
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 
(including immigration police) that focused on the Anti-TIP law and 
victim identification process. MSDHS reported that approximately 
2,500 police received training during 2009 (in addition to an equal 
number in FY 2008). 
 
According to Thailand's MOUs and guidelines regarding trafficking 
cases, police collaborate with social workers, NGOs, and 
interpreters when conducting a raid and screening for TIP victims. 
The Coordination Center for the Protection of Children's Rights 
Foundation Chiang Mai (TRAFCORD) informed us that the process of 
identifying TIP victims among prostitutes sometimes takes two to 
four weeks in order to gain the trust of victims.  Police officials 
and NGO representatives stated that overcoming language barriers is 
often the most difficult challenge of identifying TIP victims. 
 
-- 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? 
 
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 cannot 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 working illegally. 
 
In practice, court proceedings in Thailand for all types of crime 
are usually protracted, 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 pre-trial testimony to be repatriated instead of 
remaining in shelters. 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 lengthy stays.  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? 
 
 
BANGKOK 00000468  032.2 OF 044 
 
 
The government generally encourages victims to participate in the 
investigation and prosecution of trafficking.  When victims opt not 
to do so it is generally due to 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 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. 
 
To encourage assistance the investigation and prosecution of 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.  Also, the RTG allows for victims who have 
already given testimony in TIP cases to be repatriated instead of 
remaining in shelters. 
 
The Office of the Attorney General (OAG) reported that in FY 2009, 
it received 19 cases involving human trafficking crimes, 17 of which 
the OAG initiated prosecutions and two of which the OAG declined to 
prosecute.  In FY 2010, it has initiated prosecutions in eight cases 
received.  While it is unclear how many victims are cooperating in 
these cases, it is likely that many are since other cases prosecuted 
by the OAG did receive victim cooperation.  These include the Anoma 
and Ranya Paew forced labor cases, one of which was successfully 
prosecuted during the reporting year and one of which is still being 
prosecuted (see above). 
 
-- 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). 
 
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 
(including immigration police) that focused on the Anti-TIP law and 
victim identification process. MSDHS reported that approximately 
2,500 police received training during 2009 (in addition to an equal 
number in FY 2008). 
 
From June 15 to 19, 2009, the RTG hosted a counter-trafficking 
training in Ayudhaya, Thailand at which representatives from the six 
countries of the greater Mekong sub-region were trained on how to 
strengthen efforts to combat trafficking. 
 
In 2009, the MFA Department of Consular Affairs received a budget of 
six million baht for TIP prevention and protection activities. 
According to the MFA, it (along with Thai embassies and Consulates) 
carried out the following anti-TIP activities: 
 
-- Conducted awareness raising activities on the risk of being 
trafficked.  Activities, conducted in partnership with NGOs, 
 
BANGKOK 00000468  033.2 OF 044 
 
 
targeted risk-groups in eight of Thailand's northern provinces 
(1,297 participants from June to September 2009) and among fishery 
communities and risk groups at bus terminals in the northeast (187 
participants). 
 
-- Coordinated with the Hot Line Foundation to provide two rounds of 
three-day trainings to 60 counselors for trafficking victims. 
 
-- Conducted TIP awareness raising activities for Thai workers in 
Chiang Rai prior to their travel to Middle East. 
 
-- Organized TIP awareness raising activities for 434 Thai women in 
Pattaya and 118 Thai workers in Chiang Mai. 
 
-- Produced television and radio spots on TIP-related issues (i.e., 
"True Stories of Thai Women" on television channels 9 and 11, and 
"Thais' Life Away from Home" on television channel 9). 
 
-- Produced a "guide for living" pamphlet for Thai citizens 
traveling to Malaysia, Switzerland, the United Kingdom, Hong Kong, 
Kuwait, and Australia, and containing contact information for 
emergency situations. 
 
-- Produced posters to raise awareness on TIP-related fraud to be 
posted in government buildings in every province, such as provincial 
passport offices, provincial halls, provincial employment offices, 
etc. 
 
-- Supported a volunteer network and training seminar on labor law 
and rights for 323 Thai workers in Taiwan. 
 
-- Provided interpreters for 20 Thai TIP victims and funded support 
for 30 to 40 Thai TIP victims in a shelter in South Africa. 
 
-- Coordinated activities with Thai women support networks in 
Norway, Sweden, Japan (Tokyo and Osaka), India, Malaysia, and 
Dubai. 
 
-- Organized a "Thai Friends help Thais" project to develop networks 
of volunteers to assist TIP victims in Singapore. 
 
-- Organized a seminar on TIP-related laws in Switzerland, Denmark, 
and Germany. 
 
-- Provided legal consultants for ten TIP victims in Taiwan. 
 
The Ministry of Foreign Affairs (MFA) Department of Consular Affairs 
reported 309 Thai nationals were classified as TIP victims abroad 
and repatriated to Thailand with MFA assistance in 2009 (January - 
December 2009). The breakdown by destination country follows: 
 
Table 5: Number of Thai TIP victims abroad who were repatriated back 
to Thailand (Unit: Number of Persons) 
Destination   FY 2006   FY2007   FY 2008        CY 2009 
                      (Oct08-Sep09)  (Jan-Dec09) 
----------    ------    -------  --------       ------- 
Bahrain         236         368       360        216 
Singapore         9          14         3          9 
Malaysia         39          12        73         36 
South Africa     20           3         1          5 
Saudi Arabia      0           3         0          0 
Hong Kong         2           2         1          2 
Japan             3           1         0          5 
United Kingdom    5           0         0          0 
Taiwan            0           0         5          1 
Maldives                                          15 
China                                              5 
Oman                                               5 
Timor                                              3 
USA                                                3 
Brunei                                             1 
Vietnam                                            1 
Germany                                            1 
 
BANGKOK 00000468  034.2 OF 044 
 
 
 
Total           397         403       443        309 
                                                 --- 
(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? 
 
Victims of trafficking in Thailand as well as Thai nationals who are 
trafficked abroad can claim financial compensation from the Royal 
Thai Government.  They may also receive additional compensation 
should they participate in a prosecution as a witness. Medical aid 
and shelter (other than temporary residence at one of six government 
shelters) is not available for Thai nationals who are repatriated. 
The RTG did provide broad prevention services as well as protection 
services (i.e., interpretation and legal) as detailed in the answer 
to question K above. 
 
-- 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. 
 
-- 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 
 
BANGKOK 00000468  035.2 OF 044 
 
 
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, 
educates and provides vocational training to 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 Foundation, 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. It also has drop-in center at the border in the 
Northeast and West to provide assistance and accommodate street 
children and trafficked victims. World Vision in Burma also provides 
assistance in family tracing and supporting reintegration process 
for Burmese trafficked victim from Thailand. 
 
-- 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: 
 
-- 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)? 
(NOTE: THIS CAN BE AN ESPECIALLY NOTEWORTHY EFFORT WHERE 
PROSTITUTION IS LEGAL. END NOTE.) 
 
During the reporting period, the RTG conducted numerous TIP 
prevention activities.  Some TIP prevention efforts included direct 
involvement by Prime Minister Abhisit and members of his cabinet. 
 
BANGKOK 00000468  036.2 OF 044 
 
 
While some activities aimed to raise awareness on trafficking within 
Thai society as a whole, others attempted to raise awareness among 
targeted high-risk groups, including both Thai nationals and 
non-Thais working in high-risk industries.  While it is difficult to 
determine how many individuals were reached in these efforts, NGOs 
reported that awareness of human trafficking and labor rights has 
grown within Thailand, both among high-risk populations (such as 
Burmese migrants in the fisheries-centered city of Samut Sakhon) and 
RTG officials.  Examples of RTG TIP prevention efforts during the 
reporting period follow: 
 
- In January 2010, Prime Minister Abhisit was filmed for a short 
television spot that aims to raise awareness on human trafficking 
and encourage Thais to help combat it by informing authorities when 
they see the potential incidents. The spot is expected to air in the 
first quarter of 2010. 
 
- 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 news 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. 
 
- 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. 
 
- Using FY 2010 budgetary funds, the Thai government implemented a 
TIP awareness raising campaign, providing training workshops to 
youth groups 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). 
 
According to the ILO, the Thai government continuously organized 
activities aimed to prevent and eliminate child labor and forced 
labor, including: 
 
- a project on the prevention of the worst forms of child labor and 
human trafficking in Samut Sakhon Province (March 2007 - December 
2009), 
 
- a project with the goal of integrating efforts to combat the worst 
forms of child labor in Chiang Rai Province (April 2007 - December 
2009), 
 
- a project to address child migrants in Thailand and in the Mekong 
Sub-Region (July 2007 - November 2009), 
 
- a project aimed at the health promotion of child laborers in the 
fishery and services sectors in Songkla and Pattani Provinces 
(January 2008 - December 2009), 
 
- a project aimed for integrated efforts to combat the inappropriate 
use of child labor in Samut Sakhon Province (February 2008 - 
February 2009), 
 
- a project on promoting education for migrant children and children 
of migrant labors to prevent child labor problems in Tak Province 
(May 2008 - December 2009), 
 
- a project on promoting quality of life in agricultural communities 
 
BANGKOK 00000468  037.2 OF 044 
 
 
and reducing child labor problems in the agricultural sector in Pob 
Pra District, Tak Province (June 2008 - December 2009), and 
 
- a project on solving the worst forms of child labor problems in 
Chiang Rai Province (November 2008 - December 2009). 
 
The ILO also reported the RTG made public education efforts (through 
mobile units) to prevent exploitative child labor, targeting 
employers, employees, child workers, students and the general public 
in all provinces.   The government also organized programs for 
children prior to their entering the labor market, specifically 
aimed at secondary school students and vocational students to help 
prevent them from being lured into unlawful activities.  The 
Ministry of Labor maintained a similar Safety in School Project and 
Village Labor Volunteer Programs to organize training for community 
leaders and teachers on child labor problems. 
 
As listed in section IV, question K, the Ministry of Foreign Affairs 
to prevent human trafficking in the reporting period: 
 
-- Conducted awareness raising activities on the risk of being 
trafficked.  Activities, conducted in partnership with NGOs, 
targeted risk-groups in eight of Thailand's northern provinces 
(1,297 participants from June to September 2009) and among fishery 
communities and risk groups at bus terminals in the northeast (187 
participants). 
 
-- Conducted TIP awareness raising activities for Thai workers in 
Chiang Rai prior to their travel to the Middle East. 
 
-- Organized TIP awareness raising activities for 434 Thai women in 
Pattaya and 118 Thai workers in Chiang Mai. 
 
-- Produced television and radio spots on TIP-related issues (i.e., 
"True Stories of Thai Women" on television channels 9 and 11, and 
"Thais' Life Away from Home" on television channel 9). 
 
-- Produced a "guide for living" pamphlet for Thai citizens 
traveling to Malaysia, Switzerland, the United Kingdom, Hong Kong, 
Kuwait, and Australia, and containing contact information for 
emergency situations. 
 
-- Produced posters to raise awareness on TIP-related fraud to be 
posted in government buildings in every province, such as provincial 
passport offices, provincial halls, provincial employment offices, 
etc. 
 
-- Supported a volunteer network and training seminar on labor law 
and rights for 323 Thai workers in Taiwan. 
 
-- Coordinated activities with Thai women support networks in 
Norway, Sweden, Japan (Tokyo and Osaka), India, Malaysia, and 
Dubai. 
 
-- Organized a "Thai Friends help Thais" project to develop networks 
of volunteers to assist TIP victims in Singapore. 
 
-- Organized a seminar on TIP-related laws in Switzerland, Denmark, 
and Germany. 
 
-- B. DOES THE GOVERNMENT MONITOR IMMIGRATION AND EMIGRATION 
PATTERNS FOR EVIDENCE OF TRAFFICKING? 
 
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 
 
BANGKOK 00000468  038.2 OF 044 
 
 
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. 
UNIAP-sponsored research that found mis-identification of 
trafficking victims among deportees from Thailand highlighted this 
fact. 
 
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.  For both illegal labor migrants and sex 
workers, the participants are usually voluntary during this point in 
the trafficking continuum. Various forms of force, fraud and 
coercion are generally encountered only when victims reach the 
destination country. 
 
-- 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 Thai 
governments multiple MOUs on human trafficking with other 
governments (both bilateral and multilateral), Thailand's multiple 
provincial-level MOUs between its different domestic regions, and 
the RTG's continued efforts to improve implementation of them (see 
details in questions above). 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. 
 
During the reporting period, the Thai Government's 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 conducted meetings to 
push forward RTG anti-TIP efforts, as did the sub-committees and 
working groups established to handle specific aspects (the 
sub-committee and working groups consist of government officials 
from relevant agencies, academics, and representatives from civil 
society).  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 is also assigned to be the secretariat of the 
two national-level TIP committees (ATP and CMP).  At the provincial 
level, Provincial Operation Centers on Prevention and Suppression of 
Human Trafficking (POCHT) in all provinces report to a central 
coordinating committee. 
 
Activities supervised by the CMP in 2009 included formal 
international cooperative efforts on TIP (e.g., through the UN's 
COMMMIT process and the development of memoranda of understanding, 
such as with Burma); the development of guidelines on improved 
cooperation between law enforcement investigation and prosecution 
efforts; the development of a training curriculum for "competent 
officials" under the TIP law; the development of guidelines to help 
prevent fraudulent marriages between Thai women and foreign 
nationals; and the creation of a working group focused on the U.S. 
Department of State's TIP report. 
 
-- 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? 
 
In 2009, MSDHS, under the supervision of the RTG's Coordinating and 
Monitoring of Anti-Trafficking in Persons Performance (CMP) 
committee, continued to develop a 2011-2016 national-level policy 
and plan to combat human trafficking. In January 2010, the RTG 
 
BANGKOK 00000468  039.2 OF 044 
 
 
submitted the draft plan for comment through four public hearings 
(with participation by NGOs, academia, and international agencies) 
in four locations: Khon Kaen, Chiang Mai, Hat Yai, and Bangkok. 
After recommendations are integrated into the national policy and 
plan, it will be submitted to the cabinet for approval, hopefully 
during the third quarter of 2010, according to MSDHS. 
 
The Thai government's 2009-2014 National Plan of Action on 
eliminating the worst forms of child labor (NPP) was approved by its 
national committee on September 29, 2008 and by the Thai cabinet on 
January 28, 2009. The National Plan of Action identifies "bad" forms 
of child labor, which include: all forms of slavery, debt bondage, 
forced or compulsory labor including forced or compulsory 
recruitment of children for use in armed conflict, commercial sex 
work, including participation in pornographic movies and still 
photographs; and labor involving the sale or transport of illegal 
drugs (in line with ILO Convention 182).  The NPP addresses five 
strategic goals, including 1) the prevention of the worst forms of 
child labor (WFCL) 2) the protection and withdrawal of children from 
the WFCL 3) effective law enforcement and improvement of relevant 
legislation 4) knowledge development and capacity building 5) the 
development of an administrative system. 
 
-- E: REQUIRED OF ALL POSTS: WHAT MEASURES HAS THE GOVERNMENT TAKEN 
DURING THE REPORTING PERIOD TO REDUCE THE DEMAND FOR COMMERCIAL SEX 
ACTS? 
 
Thai government law enforcement 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.  Thai law enforcement authorities have been 
increasingly cooperative with U.S. Embassy officials (and those from 
other embassies) in a range of areas to combat the demand for 
commercial sex involving children. 
 
The RTG reportedly developed actions regarding the commercial sexual 
exploitation of children as part of its 2011-2016 national-level 
policy and plan to combat human trafficking as part of its national 
anti-TIP strategy.  It has also partnered with NGOs and members of 
the hotel industry to implement a "Code of Conduct for the 
Protection of Children from Sexual Exploitation in Travel and 
Tourism" and worked with civil society to develop a "National 
Roadmap towards Anti-Human Trafficking and Child Prostitution Caused 
by Tourism."  An NGO observer commented that RTG efforts regarding 
the "National Roadmap" stalled due to the high-turnover of national 
governments beginning in 2006 and that the efforts have not yet 
gained full momentum. 
 
-- 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 
increasingly cooperated with Embassy officials in a range of areas. 
NGO representatives noted this cooperation is also provided to law 
enforcement officials from other embassies.  RTG law enforcement 
officials collaborated with USG law enforcement agencies (and those 
from other governments) in the investigation, arrest, prosecution, 
and deportation of child sex offenders, as well as in the provision 
of victim assistance.  AHTD 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 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. 
 
Thailand's 2008 Anti-TIP Act provides strict penalties for Thai 
 
BANGKOK 00000468  040.2 OF 044 
 
 
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 ALL POSTS IN COUNTRIES THAT HAVE CONTRIBUTEED OVER 
100 TROOPS TO INTERNATION PEACEKEEPING EFFORTS. 
 
Per ref. A, paragraph 29, not applicable. 
 
VI) PARTNERSHIPS 
 
-- A.  DOES THE GOVERNMENT ENGAGE WITH OTHER GOVERNMENTS, CIVIL 
SOCIETY, AND/OR MULTILATERAL ORGANIZATIONS TO FOCUS ATTENTION AND 
DEVOTE RESOURCES TO ADDRESSING HUMAN TRAFFICKING?  IF SO, PLEASE 
PROVIDE DETAILS. 
 
The Thai government deepened its broad cooperative partnerships with 
other governments and civil society on TIP activities during the 
reporting period, thereby contributing the RTG's efforts to 
implement the TVPA's minimum standards.  Collaboration between 
government officials and NGOs has progressively improved in Thailand 
as reflected in the Thai governments multiple MOUs on human 
trafficking with other governments (both bilateral and 
multilateral), Thailand's multiple provincial-level MOUs between its 
different domestic regions, and the RTG's continued efforts to 
improve implementation of them.  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. 
 
Specifically, Thailand's regional MOUs and TIP guidelines 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, police 
collaborate with social workers, NGOs, and interpreters when 
conducting a raid and screening for TIP victims.  Trafficking 
victims are also transferred to either government shelters, 
occasionally for short periods   of time, NGO-run shelters as 
appropriate.  According to an NGO that partners with the RTG on 
victim assistance, training of RTG officials has improved 
coordination on TIP cases. 
 
During the reporting period, government officials increasingly enjoy 
close collaborative relationships with civil society on anti-TIP 
activities, including (but not limited to): 
 
- Meetings throughout the year of the RTG's sub-committees and 
working groups established to handle specific aspects of TIP.  The 
working group on human trafficking in the fishing industry met nine 
times, and as recently as January 2010, and consists of government 
and non-government officials (from both for-profit companies and 
non-profit organizations). 
 
- On June 5, MSDHS organized activities to mark the one-year 
anniversary of Thailand's comprehensive TIP law.  Select MSDHS 
provincial-level offices also hosted awareness raising events in 
cooperation with NGOs such as World Vision. 
 
 
BANGKOK 00000468  041.2 OF 044 
 
 
- On June 12, the RTG partnered with the International Labor 
Organization (ILO) to commemorate World Day against Child Labor 
(WDACL).  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. 
 
- MSDHS organized anti-TIP training sessions specifically for the 
"competent officials," (including social workers, police, 
immigration, public health officer) as defined by the 2008 Anti-TIP 
law and the relevant subordinate regulation.  The Ministry expects 
at least 1,000 individuals will participate in the training sessions 
taking place from December 2009 to March 2010. 
 
- The Thai Ministry of Labor in 2009, with support from the ILO, 
conducted two training sessions in Thailand's upper North and the 
Central region on the "Operational Guidelines for Labor 
Trafficking," finalized in April 2008.  Approximately 35 individuals 
participated in each session. 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). 
 
- MSDHS reported it is working with UNODC to set up Border Liaison 
Offices specific to human trafficking along the Thai-Burma border 
(near Chiang Rai, Tak, and Ranong). 
 
- MSDHS reported that in 2009, the Japanese Government's Japan 
International Cooperation Agency (JICA) funded research to assess 
the quality of services for, and satisfaction of, trafficking victim 
who have been assisted through multidisciplinary approaches.  The 
findings from the research will be presented to the RTG to improve 
quality of services through its multidisciplinary approach to 
trafficked victims. 
 
Key and updated information on the Thai government' memorandum of 
understanding (MOU) agreements, bilateral and multilateral, though 
which it cooperates with partners on TIP issues follow (from MSDHS 
and UN sources): 
 
-- GMS: the MOU on the 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 7) Cooperation with the 
Tourism Sector.  In November 5-6 2008 COMMIT meetings, COMMIT 
countries agreed to invite Malaysia to join the Initiative. 
 
-- 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.  The 
MOU covers cooperation in 3 areas: 1) return and reintegration, 2) 
prosecution process guidelines and 3) information sharing. 
 
-- 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. A 
Plan of Action (POA) phase II (2010-2012) was finalized in September 
¶2009.  Key aspects of POA phase II include the exchange of 
information and knowledge on law enforcement and prosecution; the 
development of twin border cities; and reintegration support. 
 
 
BANGKOK 00000468  042.2 OF 044 
 
 
-- Vietnam: the MOU between Thailand and Vietnam on Cooperation to 
Combat Trafficking in Persons was signed on March 24, 2008. On March 
19, 
2009, governments of both nations agreed to a joint plan of action 
that includes setting up a bilateral working group to combat human 
trafficking, conducting an assessment of the bilateral human 
trafficking situation and providing recommendations for preventive 
measures, collaborating on the provision of protection and 
repatriation of TIP victims, and expanding the sharing and exchange 
of information on TIP in general.  Teams from both countries are 
drafting standard operating procedures to assist trafficking victim, 
which are expected to be finalized in 2010. 
 
-- Burma: On April 24, 2009, the RTG and Burmese government signed 
an MOU on Cooperation to Combat Trafficking in Persons. The MOU 
covers areas such as prevention, protection, recovery and 
reintegration of victims, and law enforcement and prosecution 
collaboration.  A related plan of action under the MOU was concluded 
in August 6, 2009 and calls for: 
(i) the establishment of a joint task force, 
(ii) an assessment of the bilateral human trafficking situation (to 
begin in the first quarter of 2010). 
(iii) coordination of multidisciplinary training on victim 
protection (MSDHS will host training sessions for officials from 
Thailand and Burma in the first quarter of 2010; MSDHS is developing 
a TIP training curriculum for interpreters who provide services in 
TIP cases and plans to provide training in 2010. 
(iv) improved reintegration mechanisms. 
 
-- Malaysia: The RTG proposed in July 2007 that Thailand and 
Malaysia sign a draft MOU on Cooperation to Combat Trafficking in 
Persons. The Malaysian government returned a draft MOU to Thailand 
for consideration in July 2009. 
 
-- 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. The final draft was reviewed by both sides in December 2009 
and it is expected to be signed in 2010. 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. 
 
-- Japan: The RTG and the Japanese government are reportedly working 
to set up a bilateral anti-human trafficking task force to develop a 
formal MOU and standard operating procedures on victim protection 
and reintegration. 
 
-- B.  WHAT SORT OF INTERNATIONAL ASSISTANCE DOES THE GOVERNMENT 
PROVIDE TO OTHER COUNTRIES TO ADDRESS TIP? 
 
The Thai government did not report the provision of direct 
assistance to other countries to address TIP.  It did, however, 
partner with other nations on the investigation and prosecution of 
transnational TIP cases, the provision of services (including 
repatriation) to Thai and foreign victims of trafficking, the 
training of government officials on TIP-related practices, on the 
research of certain aspects of TIP, and on other cooperative 
activities (see question above and others). In doing so, the RTG 
assisted other governments in combating human trafficking and 
meeting the minimum standards under the TVPA. 
 
VI) NEW REQUIREMENTS FOR THE CHILD SOLDIERS PREVENTION ACT 
 
REPORT IF THE FOLLOWING OCCURRED: CONSCRIPTION OR FORCED RECRUITMENT 
OF PERSONS UNDER THE AGE OF 18 INTO GOVERNMENTAL ARMED FORCES; 
VOLUNTARY RECRUITMENT OF ANY PERSON UNDER 15 YEARS OF AGE INTO 
GOVERNMENTAL ARMED FORCES; THE EXTENT TO WHICH ANY PERSON UNDER THE 
AGE OF 18 TOOK A DIRECT PART IN HOSTILITIES AS A MEMBER OF 
GOVERNMENTAL ARMED FORCES; RECRUITMENT (FORCED OR VOLUNTARY) OF 
PERSONS UNDER THE AGE OF 18 BY ARMED GROUPS DISTINCT FROM THOSE OF 
THE GOVERNMENTAL ARMED FORCES, INCLUDING PARAMILITARY FORCES, 
 
BANGKOK 00000468  043.2 OF 044 
 
 
ILLEGAL PARAMILITARY GROUPS, GUERRILLAS, OR OTHER ARMED GROUPS. 
DESCRIBE TRENDS TOWARD IMPROVEMENT OF THE ABOVE-MENTIONED PRACTICES, 
INCLUDING STEPS AND PROGRAMS THE GOVERNMENT UNDERTOOK OR THE 
CONTINUED OR INCREASED TOLERANCE OF SUCH PRACTICES, INCLUDING THE 
ROLE OF THE GOVERNMENT IN ENGAGING IN OR TOLERATING SUCH PRACTICES. 
REPORT ABUSE OF CHILDREN RECRUITED BY ARMED FORCES OR THE ARMED 
GROUPS NOTED ABOVE (E.G., SEXUAL ABUSE OR USE FOR FORCED LABOR). 
DESCRIBE THE MANNER AND AGE OF CONSCRIPTION. IN DISCUSSING 
ACTIVITIES OF ARMED GROUPS DISTINCT FROM THOSE OF GOVERNMENTAL ARMED 
FORCES, EXPLAIN THE POSITION OF THE GOVERNMENT TOWARDS THE ARMED 
GROUP (OPPOSITION, TOLERANCE, SUPPORT, ETC.) IN DETAIL. 
 
Thailand's southern border provinces (SBPs) have long been host to 
an ethno-nationalist Malay Muslim separatist movement rallying 
around a regional "Pattani" identity. Since 2004, separatists have 
conducted a violent insurgency in the provinces of Narathiwat, Yala, 
Pattani, and Songkla against symbols and representatives of central 
government authority, as well as against civilians, both Buddhist 
and Muslim, which has resulted in thousands of deaths. 
 
There were no reports of persons under the age of 18 conscripted or 
recruited into governmental armed forces.  There was limited 
evidence that some village defense forces in the south at the 
provincial, district, and/or village levels allowed for voluntary 
induction of 17-year-old individuals; there were no reports that 
such persons were directly involved in hostilities. There were 
reports that separatist groups recruited teenagers under the age of 
18 to carry out attacks. Human rights organizations alleged that 
separatists used private Islamic schools to indoctrinate ethnic 
Muslim Malay children with a separatist agenda.  There were no 
reports of abuse of children (e.g., sexual abuse or forced labor) by 
any armed group within Thailand.  (Note: see ref C, Bangkok 366, for 
additional details). 
 
Thai government armed forces in the South, concerned with their own 
physical safety, were not in a position to take actions against 
separatists specifically to penalize their use of child soldiers. 
Nonetheless, the Royal Thai Government took multiple actions to 
promote opportunities for children in the SBPs with the goal of 
preventing their involvement in the violence.  These include the 
provision of thousands of scholarships and vocational training 
activities to children in the SBPs, as well as other actions taken 
by the Ministries of Defense, Justice, Social Development and Human 
Security, Foreign Affairs, Labor, and Internal Security Operations 
Command (ISOC).  (ref L). 
 
VII) NOMINATION OF HEROES AND BEST PRACTICES 
 
-- HEROES:  Sudjai Nakphain, Project Coordinator, World Vision 
Foundation of Thailand. 
 
Sudjai has been working with World Vision in Pattaya, Thailand for 
the last seven years. Specifically, she has implemented the 
"Developing the Life of Homeless Children in Pattaya" project. The 
program institutes prevention, protection, and rehabilitation for 
homeless children. Sudjai regularly conducts classes for orphaned 
and "at-risk" children on various topics such as the dangers of drug 
abuse, basic living skills, and avoiding exploitation. She also 
provides shelter and supervision as part of the program. 
Additionally, her program, in conjunction with assistance from the 
Thai Navy, includes an intensive rehabilitation component that 
provides training to teenagers in trade-based skills, such as 
farming, mechanics, and construction that can be utilized in the 
workplace. Her efforts have positively affected over 400 children 
who were trafficked, sexually exploited, or orphaned in Thailand. 
 
Sudjai has provided invaluable assistance in identifying, locating, 
and protecting children who were victims of child sexual 
exploitation in support of international law enforcement efforts. 
Her expertise and direct assistance has led to numerous arrests and 
prosecutions of pedophiles preying on vulnerable children in 
Thailand. 
 
 
BANGKOK 00000468  044.2 OF 044 
 
 
Post's Consular Section vetted this nominee through the CLASS and 
CCD databases; no record was found in either. 
 
¶3.  (SBU) Per ref A, paragraph 24, Embassy Labor Officer (FS-02) 
spent approximately 50 hours in the preparation of this report.  The 
Economic Counselor (FE-OC) and DCM (FE-MC) spent approximately 4 
hours and 3 hours on the report, respectively.  Consulate Chiang 
Mai's Political/Economic Chief (FS-02) spent approximately 5 hours 
on the report.  Likewise, Economic Section FSN (Grade 11-02) spent 
approximately 100 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.