Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 29) sur le travail forcé, 1930 - Thaïlande (Ratification: 1969)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Thaïlande (Ratification: 2018)

The Committee notes that no report has been received from the Government. The Committee has, however, noted the discussion which took place in the Conference Committee in 1992 on the application of the Convention as well as the report of the direct contacts mission which, at the request of the Government of Thailand, visited the country from 4 to 11 September 1993.

In previous comments the Committee noted allegations brought before the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities that children were bought and sold in Thailand for work in private houses, restaurants, factories and brothels, that shops had specialized in the sale of children and young people, that child catchers and recruiters were operating in the country and that, although laws for the protection of children existed, there was a lack of enforcement by police. Having noted the information provided by the Government on the inspections carried out and on action taken against employers for infringements relating to children, it appeared to the Committee that the measures were somewhat limited in scope and that the sanctions applied were not commensurate to the physical and moral harm incurred by the children.

In 1992, the Committee noted the statement by the Prime Minister to the Eleventh Asian Regional Conference (November 1991) in which he expressed his firm conviction that the place for a child was in school and not in a factory; that it was not sufficient to wait for economic restructuring to redress the exploitation of child labour, and that he was determined to do away with child labour and safeguard the future of the underprivileged children in the country. The Committee noted the indications by the Government on measures adopted or contemplated concerning the revision and enforcement of laws, prevention and awareness-raising, extension of primary education. It requested the Government to provide specific information on a number of points including legislative measures, inspection and police action, complaints, prosecutions and sanctions and rehabilitation programmes. The Committee emphasized that forced labour exploitation of children, be it in forced child labour, child prostitution, child pornography, be it in factories, sweatshops, brothels, private houses or elsewhere is one of the worst forms of forced labour, which must be fought energetically and punished severely.

The Committee notes the information contained in the report by the direct contacts mission in relation to the application of the Convention. The Committee notes that in 1988 the Government adopted a decision concerning "Policy and measures to solve problems on the exploitation of child labour"; in November 1992, the Government adopted a "Resolution on measures to solve problems of exploitation of child labour". In 1990 the minimum age for admission to employment was increased from 12 to 13 years; however, compulsory schooling finishes at grade 6 when children are normally aged 12. According to official statistical data 4 million children are employed; among these, 0.6 million are 13 to 14 years old. The Committee notes however from information gathered by the direct contacts mission that illegal shops exist by thousands. It is precisely among the working children not included in the statistics (in particular those under 13) who are illegally recruited and who work in illegal establishments that forced labour exploitation will be most prevalent.

Recruitment

The Committee notes from the report by the direct contacts mission that the recruitment of children by force and deception for work in factories, sweatshops or brothels continues in Bangkok, notably around the central railway and bus stations, as well as in the provinces, in particular the north and the north-east and across borders. Reference is made to deception by false promises as regards wages and other living and working conditions and to kidnapping. Non-governmental organizations like the Women Lawyers' Association, which is active at the central railway station to protect children, have to be extremely vigilant to outwit the recruiters.

The Committee also notes that the direct contacts mission was informed of practices of recruitment through intermediaries for the sugar cane plantations, concentrated in the province of Kanchanaburi. Recruiters gather people from the north-east, including children, convey them to the working areas in overcrowded trucks; they lend the workers money so as to entrap them in bondage for the following year. The Committee requests the Government to provide information on measures taken or envisaged to protect these workers from forced labour.

Exploitation of child workers

The Committee notes that the authorities provided the direct contacts mission with a copy of the first systematic and official research, conducted by the National Youth Bureau, Office of the Prime Minister, into child labour in the manufacturing industries to study the working conditions, welfare and development of working children and the compliance of employers with labour protection laws. This study noted, inter alia, violations of the law by limitation of personal rights, stating in particular that "most of the children lack the opportunity to go home for a visit, or even to get in touch with their family; some of the children to whom advance payment had been made were not allowed to go outside the workplace ... Many children staying with the employer were found to be confined, scolded and physically and psychologically assaulted". While this study was conducted in 1986, the Committee notes that the direct contacts mission was informed that these practices continue to exist, as was confirmed by evidence given in particular by one rescued boy; he had been kidnapped at the railway station, was forced with other children to work extremely long hours, was beaten and not allowed to go out or look through the window. The factory in question, like many illegal factories, was composed of two adjoining sweatshops with all their windows sealed and the only corridor barricaded. The Crime Suppression Division of the police that raided the factory had to scale the fence to get into the building.

In a note provided by the Department of Labour Protection and Welfare to the mission entitled "Solving Thailand's child labour problems" the Government states that "For lack of jobs in their home provinces, child jobseekers have moved from rural areas to Bangkok and nearby provinces. That is why they are cheated and exploited. Many cases of illegal child employment show that children are overworked, lack appropriate rest periods and are involved in hazardous work. The neglect of their employers or supervisors, as well as the poor conditions, affect the child workers' health and growth".

The phenomenon of subcontracting, which is widespread, contributes to the exploitation of children notably by diluting responsibilities (the employer who gives work to a subcontractor does not control recruitment procedures, wages and conditions of employment of the people recruited by the subcontractor) and by preventing unionization.

Law enforcement

The Committee notes that the weakness of the law enforcement machinery was stressed by several groups and individuals; some increased law enforcement in relation to the exploitation of children through prostitution had, however, been noticed over the last months.

The mission was informed that the labour inspectorate was understaffed and underequipped and that in one of the industrial areas around Bangkok there were ten inspectors for 6,000 to 7,000 factories.

In documentation provided to the mission the Government indicated that during the period 1 October 1992 to 31 July 1993, the Department of Labour Protection and Welfare inspected 28,281 enterprises and found 4,550 enterprises employing children; 17,987 child workers passed inspection. These global figures do not provide specific information on inspection of places of work suspected of using forced child labour.

The Government has indicated that the Ministry of the Interior has appointed and authorized officers in the Ministry and of other organizations concerned to inspect enterprises in order to speed up child labour inspection. The Committee notes that this statement appears to relate to the "Role of the Ministry of the Interior governing the inspection of places of business operation and institution of criminal proceedings against offenders" (Government Gazette, 26 January 1993). Competent officials of the Labour Protection and Welfare Department can inspect places of business, so as to give advice and warnings to employers on the matter of compliance with the law and inspect and follow-up on results of the cases where employers are still not complying with the law. If it is discovered that children between 13 and 15 are working without authorization, the competent official advises the employer to submit an application for permission to employ the child and consideration of issuing the permit will be within the authority of the competent official.

In relation to the police, documents submitted in 1982 to the United Nations referred to corruption of local police who should normally know where children are illegally employed. It was stated that raids on factories and brothels were carried out by a special police force, the Crime Suppression Division reacting to information received from members of the public, human rights organizations or escaped children.

The Committee notes from the direct contacts mission that the situation in this regard has hardly evolved: corruption persists; there is little interest in investigative work, because it is hard and has insufficient "extra" income. Women police are few in number and do mainly office work. It was mentioned to the direct contacts mission that training of law enforcement personnel was insufficient. The Government has mentioned a meeting organized for governors, commanders of provincial police offices and provincial chiefs of labour protection and welfare to emphasize the implementation of policy and measures on child labour as well as its intention to train more than 2,500 labour inspectors.

In relation to prosecutions and judicial decisions, the Committee notes that the mission was informed by police authorities that there had been five prosecutions; this relatively small number was linked to the fact that cases are often settled by negotiation, victims being discouraged to engage in lengthy proceedings. The boy rescued in November 1991 told the mission that since this date the owner of the factory was in prison and his partner free on bail and court proceedings were pending. On the other hand the Government mentioned in its aforementioned note that 58 employers had been prosecuted for unfair labour practices and exploitation of child labour; two were punished by imprisonment and fines amounted to 134,300 bahts. It also indicated that the Ministry of the Interior had announced instant prosecution for employers who imprison, confine and abuse children.

The Committee notes that the aforementioned rule of the Ministry of the Interior provides that in the case in which a competent official is of the opinion that criminal proceedings should be instituted, action shall be taken as follows: labour cases are dealt with by the Committee's procedures for compounding offences, or legal action will be instituted in accordance with the Criminal Procedure Code (if the offence is not compounded because of the opposition of the violator, the aggrieved party or the Committee); in the case where criminal action is instituted for the reason that a child has been detained, incarcerated or tortured, if it is discovered that the employer has also committed a labour offence connected with the use of child labour, the Department of Police and the competent officials collaborate to take proceedings under the Criminal Code.

Among other control measures the Government has mentioned the registration of child labour working out of district areas and the establishment of committees and working groups to protect child labour. The hot-line which was established by the Government in 1991 is well known to the public and an appreciable number of cases of child abuse have been reported.

Rehabilitation

The Committee notes that the Government provides shelter, food and clothes to rescued children as an urgent measure, as well as family assistance in cash (vocational capital) and kind (educational supplies). Officials have mentioned to the direct contacts mission that help had been provided to 112 rescued children. The Committee notes however that according to official and NGOs' critics, there exists no effective programme of rehabilitation, as such programme should encompass all aspects of childrens' rehabilitation.

Community awareness-raising and mobilization

The Committee notes from the direct contacts mission report that many of the persons interviewed stressed the importance of community awareness-raising and mobilization in preventing child exploitation and detecting exploiters with a view to their punishment ("community watch").

It was stated that radio and television programmes are devoted to educational and developmental news; village loudspeaker systems or village radios throughout the country repeat messages relevant to overall welfare and development of villages. It was felt that the authorities should empower the community by means of incentives and facilities to intervene on behalf of children through non-governmental organizations, community leaders and the mass media. The necessity of mobilizing parliamentarians, mayors and the military as well as the Buddhist church community was stressed.

The Committee notes that for its part the Government referred to the following measures: to set up a campaign to prevent child labour exploitation and unfair practices through the mass media, including dissemination of posters in communities and issuing stamps (measures which have, according to the Government, been implemented in 60 provinces); to disseminate around 100,000 booklets and pamphlets concerning child labour to local leaders, students, and the general public; to organize 214 meetings for almost 10,000 employers, in Bangkok and in rural areas.

Legislative initiatives

The Committe notes that the direct contacts mission was informed of certain legislative initiatives:

- an amendment to the Criminal Code providing for increased penalties against those found guilty of imprisoning and forcing children to work, endangering their body or mind, causing their death, has passed the first reading in Parliament (three readings are required for the adoption of the amendment);

- the Ministry of the Interior has proposed an amendment to the Labour Protection Law which would reduce working hours for children aged 13 to 15 years in industrial work from 48 hours per week, and in commercial work from 54 hours per week, to 36 hours per week or six hours per day. It also provides for an increased penalty in case of infringement;

- reference was made to two draft laws submitted to Parliament to amend the law prohibiting the sale and trafficking in women and children and the 1928 law on prostitution control. The amendments to the latter law would reinforce sanctions applicable and extend criminal liabilty;

- the Department of Public Welfare has indicated that a draft law to amend the Revolutionary Party Announcement No. 294 dealing with welfare and protection to disadvantaged children has been prepared.

Child sexual exploitation

The Committee notes that the sexual exploitation of children is an extremely serious problem both in terms of magnitude and complexity. It is as difficult to assess its magnitude as it is for forced child labour; it is hidden from view, it calls on the most abject perversion of humans and is protected by gangs and mafias. The Ministry of Health, Division of Venereal Diseases Control reported in 1990 that child prostitutes numbered 86,000; data from the Police Department show that out of an estimated 400,000 prostitutes, 40 per cent (i.e. 160,000) would be under 16. Non-governmental organizations' (NGOs) estimates range from 200,000-300,000 to 800,000 children in prostitution. The situation has been aggravated by the arrival of children trafficked from countries such as Cambodia, China, Laos and Myanmar. Clients prefer young children to prevent AIDS transmission and younger and younger children are thus lured from their villages, locked up, physically and psychologically scarred; many are in addition HIV positive and live under the permanent threat of contracting AIDS.

Preventive and protective measures necessary to combat child forced labour will equally be valid in the struggle against child sexual exploitation.

The Committee notes that Thailand has witnessed a tremendous national growth rate over recent years, emerging as a newly industrialized country. However, large pockets of poverty and profound disparities remain or have widened between rich and poor. While poverty is one of the contributing factors to child labour, it cannot be taken as an excuse for perpetuating child labour, or even less so for forced labour exploitation of children. Effective policies and measures to enhance social justice and equity can go a long way to help children and families left at the periphery of development and contribute to the protection of children.

The Committee notes that many children continue to work under coercion or in conditions of exploitation which have no resemblance to a free employment relationship. The situation is often linked to forced or false recruitment, deception and trafficking. Children are exploited because they are young and helpless, they are deprived of the right to lead a normal childhood, deprived of education, deprived of a future.

Successive governments have indicated good intentions, formulated policies and announced measures to combat the exploitation of children. The present Government has announced its policy, in particular in relation to child sexual exploitation, more than a year ago; it has started taking certain measures and initiated certain legislative reforms. Concrete and effective action has now to follow.

What is required is the formulation of clear goals and well-defined strategies to attain those goals.

The Government might consider developing a comprehensive national programme of action against forced child labour exploitation. This programme could draw from the Programme of Action against Child Bondage adopted in November 1992 by the Asian Regional Seminar on Children in Bondage, in the drafting and adoption of which Thailand participated. It would have to be implemented on a priority basis as forced child labour is intolerable and calls for urgent action.

The Committee considers the establishment in the immediate future of a comprehensive legal framework to combat forced child labour exploitation to be indispensable.

As concerns the different draft laws submitted to Parliament or under consideration by the Government, the Committee expresses the hope that the Government will be in a position to accelerate proceedings for their adoption as it can give priority for a draft to be included on the Parliament's agenda, and that provisions designed to reinforce action and sanctions against forced labour exploitation of children will be adopted at an early stage.

In relation to law enforcement which is of crucial importance, the Committee notes that while there are laws for the protection of children and while new laws to strengthen penalties against exploiters are under consideration, these laws have to be implemented in practice. There exists a generally recognized need to improve the quality of law enforcement, increase the number of labour inspectors, counter corruption, in particular in the police. The Committee notes that it has been suggested that women police could be entrusted with investigation of cases involving women and children. Law enforcement requires essentially the political will of the Government to provide the necessary means for effective action.

The Committee considers that the Government could also stimulate the "community watch", raise awareness in society to the laws so that child labour exploitation be regarded as unacceptable. It could remind hospitals to report cases of ill-treatment of children brought to their attention.

In relation to rehabilitation, it appears that there exists no comprehensive programme. As rehabilitation is a critical component of any action against forced child labour exploitation, a serious effort by the concerned authorities is needed in this regard. NGOs have been and are essential in helping in the rehabilitation of rescued children. The Government should collaborate with the NGOs in elaborating and conducting comprehensive rehabilitation efforts.

Rehabilitation and education are closely linked. Education is one of the essential means in preventing forced child labour exploitation as well as in rehabilitating rescued children. The Government has adopted some years ago a policy measure for the future extension of compulsory education from grade 6 to grade 9 and stated that it is planned for the moment to extend compulsory education up to grade 7. This would mean that children (if they do not drop out) would leave the educational system at the age of 13, which corresponds to today's minimum age for admission to employment. The Committee hopes that this intention will be translated into reality in the immediate future, accompanied by family support measures so as to limit drop-outs and that the gradual extension to grade 9 will follow.

The Committee notes that the direct contacts mission was left with the distinct impression that there was too little coordination between the various agencies of the Government dealing with the employment of children and thus a lack of appreciation on the part of the authorities of the true extent of the problem of forced child labour exploitation. Close collaboration between agencies such as the National Youth Bureau, the Department of Labour Protection and Welfare and the Department of Public Welfare as well as with the police is important. In addition, given the close relationship between issues affecting children and women, cooperation between institutions such as the National Youth Commission and the National Commission on Women's Affairs would no doubt be useful.

The Committee notes that the direct contacts mission noticed some signs of increased awareness and commitment during its visit in September 1993. The Committee hopes that these signs will be translated into effective action and that the Government will provide full particulars on measures adopted with a view to eliminating forced child labour exploitation, and provide information on the different points mentioned above, in particular on measures adopted in relation to legislative reforms, enforcement of legislation, on sanctions applied and on rehabilitation programmes.

A request is being addressed directly to the Government concerning certain points, inter alia, on trade union membership of working children, as well as on a number of points raised in previous comments.

[The Government is asked to report in detail for the period ending 30 June 1994.]