THAILAND

According to the International Labor Organization’s (ILO) database on the Economically Active Population , 13.8 percent of children between the ages of 10 and 14 in Thailand were working in 1998, down from 16.2 percent in 1995.¹⁷³¹ In 1999, the ILO’s Yearbook of Labour Statistics indicated that 8.6 percent (191,400) of children ages 13 to 14 were in the labor force.¹⁷³²

Children work in many sectors and are exposed to a variety of hazards in Thailand. In agriculture, children are frequently exposed to hazardous pesticides and other chemicals.¹⁷³³ In the construction sector, children dig and carry heavy loads.¹⁷³⁴ In the fishing sector, they work with sharp knives while preparing seafood.¹⁷³⁵

Many children also work as domestic servants outside of the protections of the country’s labor laws. Migrant children who work as domestic servants are often at increased risk of abuse because they face cultural and/or language barriers.¹⁷³⁶ A 1998 report observed that Cambodian children regularly cross the border with Thailand to work as domestic servants or as porters.¹⁷³⁷ Cambodian children were also found working in the Thai fishing industry, peeling shrimp and sorting the catch, sometimes along with their families. Migrant working children rarely have access to education.¹⁷³⁸

Children are reported to be involved in the trafficking of drugs in Thailand, particularly amphetamines.¹⁷³⁹ There is also growing concern that the use and trafficking of drugs may contribute to an increase in prostitution among children. One NGO working in northern Thailand estimated that 90 percent of girls engaged in prostitution use drugs.¹⁷⁴⁰ According to 1994 estimates from Thailand’s Office of the National Commission on Women’s Affairs, between 22,500 and 40,000 children are involved in the country’s commercial sex industry.¹⁷⁴¹

Thailand is often described as a “regional hub” for trafficking in persons. It is known as a source, destination and transit country for trafficking victims.¹⁷⁴² Reports from domestic nongovernmental organizations (NGOs) indicate that girls aged 12 to 18 are trafficked from Burma, China and Laos to work in Thailand in the commercial sex industry, some in conditions of debt bondage. In some cases, children must work to repay advances given by a trafficker to a parent.¹⁷⁴³ Children are also trafficked into Thailand to work as beggars or in areas such as agriculture, fishing, factories, or construction.¹⁷⁴⁴

Primary school attendance rates are unavailable for Thailand. While enrollment rates indicate a level of commitment to education, they do not always reflect a child’s participation in school.¹⁷⁴⁵ In 1997, net primary school enrollment was 88 percent, and gross primary school enrollment was similar at 88.9 percent.¹⁷⁴⁶ In 1996, approximately 96.7 percent of primary school-aged children reached grade five.¹⁷⁴⁷ Of the 1.6 million children under the age of 16 who are not in school, most (1.2 million) are between the ages of 12 and 14.¹⁷⁴⁸ In 1998, an estimated one-third of the 800,000 children who dropped out of school did so for economic reasons during the Asian financial crisis.¹⁷⁴⁹

Direct costs, such as uniforms and school supplies, are a significant factor deterring some families from sending their children to school.¹⁷⁵⁰ In 1998, over 8 percent of children ages 6 through 11 (approximately 600,000 children) were unable to receive an education due to various reasons, such as living in remote rural areas or being otherwise disadvantaged such as children living on the streets or in slums.¹⁷⁵¹

Thailand’s Labor Protection Act of 1998 (Section 44) sets the legal minimum work age at 15. Employers are required to notify labor inspectors if children under age 18 are hired, and the law restricts the number of hours that children ages 15 to 18 may work per day and prohibits work after 10 p.m. Children under age 18 may not be employed in hazardous work, which is defined by the Labor Protection Act to include any work that involves hazardous chemicals, harmful temperatures or noise levels, exposure to toxic micro-organisms, driving heavy equipment, and working underground.¹⁷⁵² The maximum penalties for violation of the child labor laws contained in the Labor Protection Act are up to one year imprisonment and fines of up to 200,000 baht (roughly US$4,500). According to Section 22, however, the act may not cover work in the agricultural and fishing sectors or work in the family home.¹⁷⁵³

The Prostitution Prevention and Suppression Act of 1996 prohibits all forms of prostitution and provides specific penalties for cases involving children under the age of 19. Fines and terms of imprisonment are defined under the act based on the age of the child involved, with more severe terms established for prostitution involving children under the age of 16. Individuals who engage in prostitution with children ages 16 to 18 are liable for jail terms of 5 to 15 years and fines of 100,000–300,000 baht (approximately US$2,225 to US$6,675); the range of penalties is nearly twice as much for those patronizing children ages 15 and under. If fraud or coercion on the part of the patron is involved, penalties also increase. Owners, managers, and supervisors of prostitution businesses or establishments, as well as parents who knowingly permit their children to become engaged in prostitution, face steep fines and jail terms if found guilty of violating the terms of the act. Government officials in violation of the act face penalties of 15 to 20 years imprisonment and/or substantial fines ranging between 300,000–400,000 baht (US$6,675 to US$8,900).¹⁷⁵⁴

The Prevention and Suppression of Trafficking in Women and Children Act of 1997 increased both the trafficking penalties and provisions for the search for and assistance to victims.¹⁷⁵⁵ The Penal Code Amendment Act of 1997 also provides penalties for traffickers of children under the age of 18, regardless of nationality.¹⁷⁵⁶ The Money Laundering Act of 1999 allows authorities to confiscate the assets of persons who are either convicted of trafficking or who work in prostitution.¹⁷⁵⁷

Four government agencies are responsible for enforcing child labor laws: the Royal Thai Police, the Office of the Attorney General, the Ministry of Justice, and the Ministry of Labor and Social Welfare (MOLSW). MOLSW’s Department of Labor Protection and Welfare employs several specific enforcement tools to deal with child labor, such as regulations for “speedy and strict” inspection of establishments that are suspected of using child labor.¹⁷⁵⁸ The MOLSW has also created a program to certify export industries that includes mandatory inspections.¹⁷⁵⁹

The MOLSW has about 800 labor inspectors in Thailand.¹⁷⁶⁰ Labor inspectors are trained on the Labor Protection Act and on how to gather evidence and investigate child labor cases.¹⁷⁶¹ Both general inspections and complaint-driven inspections are conducted, and inspecting officers have the right to remove child workers from businesses and place them under the temporary care of the government prior to court decisions on the cases.¹⁷⁶²

In practice, the labor inspection system tends to be more reactive than proactive. Enforcement of child labor laws is reportedly not rigorous, with inspectors usually responding to public complaints or newspaper reports rather than random inspections. Rather than seeking prosecution and punishment, labor inspectors are known to negotiate with violators to obtain promises of better conduct in the future.¹⁷⁶³ The MOLSW tends to focus its inspection efforts on larger factories in an effort to reach the largest portion of the workforce, with relatively fewer inspections of smaller workplaces where child labor may more easily go unnoticed. The MOLSW conducted 44,462 inspections in fiscal year 1999, resulting in 810 cited violations of child labor laws. Seventy-six establishments were officially warned, although only four were fined. The largest fine was for 10,000 baht (approximately US$250).¹⁷⁶⁴

The Government of Thailand ratified ILO Convention No. 182 on the Worst Forms of Child Labor on February 16, 2001.¹⁷⁶⁵

As early as 1982, the government established the Child Labor Protection Committee, composed of representatives from industrial organizations, labor unions and child labor experts, to create policy suggestions and to draft child labor laws.¹⁷⁶⁶ In 1992, Thailand became a member of the ILO’s International Program on the Elimination of Child Labor (ILO-IPEC).¹⁷⁶⁷

In 1996, the government adopted a National Plan of Action for the Prevention and Eradication of the Commercial Sexual Exploitation of Children.¹⁷⁶⁸ Thailand’s Eighth National Economic and Social Development Plan (1997-2001) also contains special measures related to child labor and prostitution.¹⁷⁶⁹

In 1997, MOLSW developed the National Child Labor Prevention and Solution Plan (1997-2001). With input from NGOs and international organizations, the plan outlined factors contributing to the incidence of child labor, reported on existing child labor statistics, described relevant laws, and outlined various short-term and long-term measures to reduce child labor.¹⁷⁷⁰

MOLSW’s Department of Labor Protection and Welfare has established a hotline for individuals to report incidences of child labor. The department has also initiated a public awareness campaign that focuses on providing information about child labor laws, encouraging reporting, and promoting guidelines for education on labor laws in schools.¹⁷⁷¹

In February 2000, MOLSW’s Department of Public Welfare created the National Secretariat on Trafficking in Women and Children in the Mekong Sub-Region. The Secretariat contains a national project committee to coordinate with government agencies and NGOs focused on anti-trafficking and to address the issues related to trafficked women and children.¹⁷⁷²

Thailand is also currently involved in an ILO-IPEC Sub-Regional Project in the Mekong to combat trafficking of children and women for exploitative labor. This three-year initiative aims to comprehensively address trafficking through awareness raising and advocacy, participatory community development projects, and capacity building at all levels of society.¹⁷⁷³ Many other activities to address child labor are ongoing through the actions of NGOs in areas such as education and training, health care, and other social services.¹⁷⁷⁴

The Department of Social Welfare has taken steps to address the plight of children in need, establishing shelters for street children in Thailand.¹⁷⁷⁵ During the Asian Financial Crisis, the MOLSW provided free occupational training and small daily stipends to women and children who were unemployed due to the economic conditions.¹⁷⁷⁶

The Primary Education Act of 1980 made education compulsory for children between the ages of 8 and 15, or until the successful completion of grade six.¹⁷⁷⁷ The National Education Act of 1999, which will take effect in 2002, extends this compulsory period to nine years of schooling.¹⁷⁷⁸ The government has focused, over the period of 1990-99, an average of 44 percent of the total education budget to primary education in recognition that it is compulsory and will provide a strong basic foundation for students.¹⁷⁷⁹

The Thai Government, NGOs, and international financial institutions support a number of innovative education initiatives. A Ministry of Education program, initiated in 1994, provided a total of 145,000 scholarships through mid-2000 to girls at risk of prostitution or other disadvantaged girls in order to continue their secondary education. The project also supported the development of a targeted education module for at-risk girls, provided counseling and guidance to students and their mothers, and assisted selected students to stay in boarding schools while receiving their education.¹⁷⁸⁰ More recently, a scholarship program to assist children whose families were impoverished by the economic downturn, partly funded by the

Asian Development Bank, reached 140,000 students, most of whom were at risk of entering the sex trade due to their economic status.¹⁷⁸¹ An NGO-run initiative called the “Daughters Education Program” provides support for primary and secondary education and vocational training to young girls at risk of prostitution or of being drawn into exploitative labor in northern Thailand.¹⁷⁸² In 1999, the United Nations Children’s Fund (UNICEF) began a program to provide scholarships and raise awareness among school dropouts and their families to encourage children to return to school. 1783

Spending by the Thai Government on education as a percentage of gross national product (GNP) has ranged from 3.6 percent in 1990 and 1991 to 4.8 percent in 1996. 1784 Public spending dedicated to primary education as a percentage of GNP has ranged from 1.42 percent in 1990 to

1.68 percent in 1996. 1785

The following bar chart presents selected government expenditures expressed as a percentage of GNP. The chart considers government expenditures on education, the military, health care, and debt service. Where figures are available, the portion of government spending on education that is specifically dedicated to primary education is also shown. 1786

While it is difficult to draw conclusions or discern clear correlations between areas of government expenditure as a percentage of GNP and the incidence of child labor in a country, this chart and the related tables presented in Appendix B (Tables 14 through 19) offer the reader a basis for considering the relative emphasis placed on each spending area by the governments in each of the 33 countries profiled in the report.

¹⁷³¹ World Development Indicators 2000 . While the number of working children may have decreased in Thailand over the past decade, statistics from 1995 suggest that those children who are working do so for more hours per day and that more of them work seven days a week. For a discussion of child labor in Thailand in the 1990s, see Zafiris Tzannatos, Child Labor and School Enrollment in Thailand in the 1990s, SP Discussion Paper No. 9818 (Washington, D.C.: The World Bank Social Protection Group, December 1998), 7-8 [hereinafter Child Labor and School Enrollment ]. Some researchers have attributed the drop in child labor partly to the impact of the Asian crisis on Thailand’s economy. The Asian crisis, also known as the East Asian crisis or the Asian financial crisis, began in mid-1997 as a currency crisis in Thailand that severely impacted the economies of five countries (Thailand, Indonesia, the Philippines, Malaysia and the Republic of Korea). See, for example, Dilip K. Das, Asian Crisis: Distilling Critical Lessons , U.N. Conference on Trade and Development, Working Paper No. 152 (December 2000). The Asian crisis caused factories to close and jobs to become scarce, which may have decreased demand for the labor of children. See U.S. Embassy-Bangkok, unclassified telegram no. 006420, September 18, 2000 [hereinafter unclassified telegram 006420]. The full impact of the crisis on child labor, however, is not yet known. Some reports suggest that the incidence of child labor may actually have increased due to the crisis. See Human Development Report of Thailand 1999 (Bangkok: United Nations Development Program, 1999), 142-43 [hereinafter Human Development Report ].

¹⁷³² Yearbook of Labour Statistics 2000 (Geneva: ILO, 2000), Table 1A.

¹⁷³³ Xinhua English Newswire, “Thailand to Ratify U.N. Convention to Eliminate Child Labor,” November 15, 2000. See also interview with Simon Baker and Sudarat Sereewat, Secretary General of FACE Coalition to Fight Against Child Exploitation, by U.S. Department of Labor official, October 26, 2000, for information on children’s involvement in agricultural production.

¹⁷³⁴ ILO-IPEC, The Situation of Child Labour in Thailand: An Overview (Bangkok, 1996), 7-8, as cited in By the Sweat and Toil of Children: Efforts to Eliminate Child Labor, vol. 5 (Washington, D.C.: U.S. Department of Labor, 1998), 35 [hereinafter Efforts to Eliminate Child Labor ].

¹⁷³⁵ Kerry Richter and Orathai Ard-am, Child Labor in Thailand’s Fishing Industry (Salaya: Institute for Population and Social Research, Mahidol University, 1995), 18-19, as cited in Efforts to Eliminate Child Labor at 22.

¹⁷³⁶ Historically, work in the domestic service sector was a means of providing patronage to poorer relatives or poor children in return for housework. See “Behind Closed Doors: Child Domestic Workers, the Situation and the Response,” in Child Workers in Asia (www.cwa.tnet.co.th/domestic/pages40-42.htm), 40-42. See also interview with Dr. Lae Dilokvidhyarat, director of Labor and Management Development Center of Chulalongkorn University, by U.S. Department of Labor official, October 26, 2000.

¹⁷³⁷ Ratjai Adjayutpokin, Gaysorn Chanya and Piyaphan Chanya, Survey Report on Cambodian Migrant Working Children (Radda Barnen and Child Workers in Asia, 1998), 1-2, n.p. [document on file].

¹⁷³⁸ Ibid.

¹⁷³⁹ Dr. Somphon Chitradub, Child Labour in the Trafficking of Drugs in Thailand: An ILO-IPEC Southeast Asia Paper (Bangkok: ILO-IPEC, 1999), 2-3.

¹⁷⁴⁰ Chakrapand Wongburanavart, Good Practice in Information Exchange: Country and International Cases— Thailand , report by the director of Thai Women of Tomorrow at the Regional Forum on Strengthening Information Exchange on Intolerable Forms of Child Labor, Bangkok, July 19-21, 1999, 41-42.

¹⁷⁴¹ Estimates of children working in prostitution vary greatly. Herve Berger and Hans van de Glind, Children in Prostitution, Pornography and Illicit Activities: Thailand (Bangkok: ILO-IPEC, August 1999), 7.

¹⁷⁴² UN Wire, “Trafficking: U.N. Conference Pushes for New Protocol,” September 7, 2000.

¹⁷⁴³ Country Reports on Human Rights Practices for 2000 (Washington, D.C.: U.S. Department of State, 2001), Section 6f [hereinafter Country Reports 2000—Thailand ].

¹⁷⁴⁴ Bangkok Post, “Fresh Hope for Child Laborers,” November 19, 2000. See also Ratjai Adjayutpokin, Gaysorn Chanya and Piyaphan Chanya, Survey Report on Cambodian Migrant Working Children (Redd Barna and Child Workers in Asia, 1998), 1. For a recent report on trafficking from Thailand to Japan, including allegations on trafficking of Thai children below the age of 18, see Owed Justice: Thai Women Trafficked into Debt Bondage in Japan (Washington, D.C.: Human Rights Watch, Asia/Women’s Rights Divisions, September 2000).

¹⁷⁴⁵ For a more detailed discussion on the relationship between education statistics and work, See Chapter 1, Introduction.

¹⁷⁴⁶ World Development Indicators 2000 [CD-ROM] (Washington, D.C.: World Bank, 2000).

¹⁷⁴⁷ UNESCO Institute for Statistics [CD-ROM], Education for All 2000 Assessment—A Decade of Education , Thailand (Paris, 2000) [hereinafter Education for All: Year 2000 Assessment—Thailand ].

¹⁷⁴⁸ Child Labor and School Enrollment. The period of the Asian Crisis corresponded with rising dropout rates at both the primary and secondary levels, with the majority of lower secondary school dropouts coming from families whose parent(s) lost work due to the economic downturn. Human Development Report at 136.

¹⁷⁴⁹ Committee on the Rights of the Child: Summary Record of the 491 st Meeting, Thailand, October 1, 1998, U.N. Document No. CRC/C/SR.491 (Summary Record) (Geneva, October 5, 1998), Point 12.

¹⁷⁵⁰ Education for All (EFA) 2000 [online], Country Report, Thailand, Section 1.2, “Problems of Education in Thailand” (www2.unesco.org/wef/countryreports/thailand/rapport_1) [hereinafter EFA 2000].

¹⁷⁵¹ Ibid. at Section 4.1.5.

¹⁷⁵² Labor Protection Act of 1998, as translated in the ILO NATLEX database (http://natlex.ilo.org/txt/ E98THA01.htm#c17), Section 49; see also Sections 22, 44-52, 148.

¹⁷⁵³ Ibid.

¹⁷⁵⁴ Prevention and Suppression of Prostitution Act B.E. 2539 (1996), as translated in the ILO NATLEX database (http://natlex.ilo.org/txt/E96THA01.htm), Sections 8-12.

¹⁷⁵⁵ The Prevention and Suppression of Trafficking in Women and Children Act of 1997, as cited in Country Reports on Human Rights Practices for 1999 (Washington, D.C.: U.S. Department of State, 2000), 1306 [hereinafter Country Reports 1999—Thailand ].

¹⁷⁵⁶ The Penal Code Amendment Act (no. 4) of 1997, as cited in Domestic Efforts to Strengthen the Enforcement of Child Labour and Education Laws, and Changes in Domestic Child Labour and Education Laws, submission by the Ministry of Labor to U.S. Embassy—Thailand (September 2000), 6.

¹⁷⁵⁷ The Money Laundering Act of 1999, as cited in Country Reports 1999—Thailand at 1306.

¹⁷⁵⁸ Unclassified telegram 006420.

¹⁷⁵⁹ Ibid.

¹⁷⁶⁰ Country Reports 2000—Thailand at Section 6d.

¹⁷⁶¹ Unclassified telegram 006420.

¹⁷⁶² Ibid.

¹⁷⁶³ Country Reports 1999—Thailand at 1305.

¹⁷⁶⁴ Unclassified telegram 006420.

¹⁷⁶⁵ For a list of which countries profiled in Chapter 3 have ratified ILO Conventions No. 138 and No. 182, see Appendix C.

¹⁷⁶⁶ Unclassified telegram 006420.

¹⁷⁶⁷ Chantana Banpasirichot, The Situation of Child Labour in Thailand: An Overview , IPEC Thailand Papers No. 1 (Chulalongkorn University and ILO-IPEC, December 1996),16 [hereinafter The Situation of Child Labour in Thailand ].

¹⁷⁶⁸ U.S. Embassy-Bangkok, unclassified section 01 of 03, Bangkok telegram no. 007225, June 2, 1999 [hereinafter unclassified telegram 007225].

¹⁷⁶⁹ Concluding Oservations of the Committee on the Rights of the Child: Thailand , October 26, 1999, U.N. Document No. CRC/C/15/Add.97 (Concluding Observations/Comments), Geneva: October 26, 1998, Point 5.

¹⁷⁷⁰ ILO-IPEC, National Child Labour Prevention and Solution Plan, 1997-2001 [translation] (Bangkok: Ministry of Labour and Social Welfare, April 1997).

¹⁷⁷¹ Unclassified telegram 006420.

¹⁷⁷² Ibid.

¹⁷⁷³ “ILO Mekong Sub-Regional Project to Combat Trafficking in Children and Women,” International Labor Organization (Bangkok: ILO, n.d.) [document on file].

¹⁷⁷⁴ The Situation of Child Labour in Thailand at 24-27.

¹⁷⁷⁵ Unclassified telegram 006420.

¹⁷⁷⁶ Unclassified telegram 007225.

¹⁷⁷⁷ Education for All: Year 2000 Assessment—Thailand at Section 4.1.3.

¹⁷⁷⁸ Ibid. at Part I, “Introduction.”

¹⁷⁷⁹ Ibid. at Section 2.4.1.

¹⁷⁸⁰ Savitri Suwansathit, Inspector-General, Ministry of Education in Thailand, “Advancing the Global Cause Against Child Labor: Progress Made and Future Actions” [draft], speech delivered at the U.S. Department of Labor conference, Washington, D.C., May 17, 2000.

¹⁷⁸¹ Unclassified telegram 006420. See also Education for All: Year 2000 Assessment—Thailand at Section 2.4.1.

¹⁷⁸² DEPDC website (http://www.depdc.org ).