Findings on the Worst Forms of Child Labor - Thailand | United States Department of Labor

2014 Findings on the Worst Forms of Child Labor:

Thailand

In 2014, Thailand made a significant advancement in efforts to eliminate the worst forms of child labor. Despite political unrest during the year and a military coup in May 2014, the Government took actions to address child labor. Thailand made changes to its legal framework to raise the minimum age for agricultural work from 13 to 15 years, and for work on sea fishing vessels from 16 to 18 years. It also created a national policy committee, including several subcommittees and task forces, to improve policy formulation, interagency coordination, and implementation regarding migrant workers and human trafficking problems. In addition, the Government funded and participated in multiple programs that include the goal of eliminating or preventing child labor, including its worst forms. However, children in Thailand continue to engage in child labor in agriculture, including in the shrimp and seafood processing sector, and in the worst forms of child labor, including in commercial sexual exploitation. Thailand remains weak in its enforcement efforts, particularly in the fishing, agriculture, manufacturing, and home-based business sectors, as well as in the informal sector. The Government also lacks nationwide data on child labor, which impedes the effectiveness of policies and programs.

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I. Prevalence and Sectoral Distribution of Child Labor

Children in Thailand are engaged in child labor in agriculture, including in the shrimp and seafood processing sector.(1) Children are also engaged in the worst forms of child labor in commercial sexual exploitation.(2) Table 1 provides key indicators on children's work and education in Thailand. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children's Work and Education

Working children, ages 5 to 14 (% and population):	13.0 (1,302,267)
School attendance, ages 5 to 14 (%):	96.3
Children combining work and school, ages 7 to 14 (%):	14.4
Primary completion rate (%):	Unavailable

Primary completion rate was unavailable from UNESCO Institute for Statistics, 2015.(3)
Source for all other data: Understanding Children's Work Project's analysis of statistics from Multiple Indicator Cluster Survey 3, 2005-06.(4)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry	Activity
Agriculture	Processing shrimp and seafood (1, 5-7)
	Fishing,* including work performed on sea vessels† (8)
	Planting and harvesting sugarcane (9)
	Production of rubber,* roses,* oranges,* and pineapples* (10, 11)
Industry	Manufacturing, including garment production (12, 13)
Services	Domestic service (14, 15)
	Work on construction sites (1, 16)
	Muay Thai paid fighters (17-20)
	Work in karaoke bars,† restaurants, motorcycle repair shops, and gas stations (2, 13, 21)
	Street work, including begging and vending (2, 22, 23)
Categorical Worst Forms of Child Labor‡	Commercial sexual exploitation, including in the production of pornography, sometimes as a result of human trafficking (2, 13, 23, 24)
	Vending, begging, and domestic service each as a result of human trafficking (2, 22)
	Forced labor in the production of garments, in shrimp and seafood processing, in domestic service, and in begging (7, 15, 22, 25, 26)
	Use of children in armed violence, such as serving as scouts, informants, and committing acts of arson (13, 27)

* Evidence of this activity is limited and/or the extent of the problem is unknown.
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Shrimp and seafood processing occurs in the central, eastern, and southern coastal regions of Thailand.(1) Children perform activities such as preparing shrimp or fish ponds, feeding and maintaining the stock, sorting fish, removing the heads of shrimp and fish, peeling shrimp in factory lines where blood vessels and bones are removed from fish, and freezing and weighing processed fish or shrimp.(1, 5, 6, 28) The majority of child laborers in this sector are between the ages of 15 and 17, and both boys and girls are equally engaged in labor, with slightly more girls working than boys.(1) Child labor in the shrimp and seafood processing sector is predominant among migrant children, but it is also found among Thai children in the southern provinces.(1)

Children as young as age 7 are paid to fight in a form of boxing called Muay Thai, in which they use knees, elbows, hands, and feet to fight with no protective equipment.(17-20) Work in a gambling place is deemed hazardous by Thai law; however, gamblers place bets on the children who are fighting.(19, 20)

Children are also trafficked to and within Thailand for commercial sexual exploitation and labor exploitation. They are trafficked to Thailand primarily from Burma, Cambodia, and Laos, and from within Thailand, for commercial sexual exploitation.(2) Some children who are trafficked are forced to sell flowers and candy and beg on the streets.(22) Children are also trafficked to and within Thailand into Bangkok and other urban areas to work as domestic servants.(2, 15) Migrant children may be subjected to forced labor in the production of garments, in shrimp and seafood processing, in domestic service, and in begging. (7, 15, 22, 25, 26)

Access to education, particularly for migrant and ethnic minority children, is limited by a variety of factors. These factors include a lack of awareness among local government officials and migrant families of migrant children's right to an education; language barriers, including class instruction and school applications only available in the Thai language; the long distances children must travel to attend school; and family pressure to work rather than attend school.(29)

Thailand continues to experience ethno-nationalist separatist insurgency activity in its four southernmost provinces. Children, teachers, and other education personnel have been killed or wounded in the conflict, which has forced the intermittent closure of schools in the region.(27, 30) There is some evidence that separatist groups recruited children to commit acts of arson, serve as scouts or informants, and sometimes as combatants.(13, 27, 31) There are also reports of children's involvement as village defense volunteers.(13, 27)

The Government lacks current nationwide data on the worst forms of child labor.(29) In addition, current reporting and statistics on child labor often omit street children and migrant children.(13)

II. Legal Framework for the Worst Forms of Child Labor

Thailand has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention	Ratification
ILO C. 138, Minimum Age	✅
ILO C. 182, Worst Forms of Child Labor	✅
UN CRC	✅
UN CRC Optional Protocol on Armed Conflict	✅
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography	✅
Palermo Protocol on Trafficking in Persons	✅

The Government has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard	Yes/No	Age	Related Legislation
Minimum Age for Work	Yes	15	Chapter 4, section 44 of The Labor Protection Act (32)
Minimum Age for Hazardous Work	Yes	18	Chapter 4, sections 49 and 50 of The Labor Protection Act (32)
Prohibition of Hazardous Occupations or Activities for Children	Yes		Chapter 4, sections 49 and 50 of The Labor Protection Act (32)
Prohibition of Forced Labor	Yes		Section 312 and 312 bis of the Penal Code; section 4 and 6 of The Anti-Trafficking in Persons Act (33, 34)
Prohibition of Child Trafficking	Yes		Sections 282 and 283 of the Penal Code; section 6 of The Anti-Trafficking in Persons Act (33, 34)
Prohibition of Commercial Sexual Exploitation of Children	Yes		Section 8 of The Prevention and Suppression of Prostitution Act; section 6 of The Anti-Trafficking in Persons Act; sections 282 and 285-287 of the Penal Code; Article 26 of The Child Protection Act (33-36)
Prohibition of Using Children in Illicit Activities	Yes		Article 26 of The Child Protection Act (36)
Minimum Age for Compulsory Military Recruitment	Yes	21	Section 25 of the Military Service Act (37)
Minimum Age for Voluntary Military Service	Yes	18	Military Service Act (37)
Compulsory Education Age	Yes	15	Section 17 of the National Education Act (38)
Free Public Education	Yes		Section 10 of the National Education Act (38)

In 2014, the Government made several changes to strengthen the legal framework to combat child labor. The Labor Protection Act's (LPA) Ministerial Regulation on Agricultural Work, signed by the Minister of Labor on December 12, 2014, increases the minimum age for agricultural work from age 13 to 15 in order to comply with ILO C. 138.(21) The LPA Ministerial Regulation on Sea Fishing Vessels, signed by the Minister of Labor on December 22, 2014, includes an increase in the minimum age of workers from age 16 to 18. The regulation applies protections for fishers on all fishing boats regardless of the number of workers, and mandates employment contracts and payroll records.(21) On December 16, 2014, the Government announced the Marine Department Regulation on Boat Registration, which took effect on January 15, 2015. The new regulation requires all fishing boats 30 tons or larger to be registered with the Marine Department, and for employers to present documents for each worker to the Marine Department for verification.(21)

Neither the new Ministerial Regulation on Agricultural Work nor the Ministerial Regulation on Labor and Welfare Protection for Domestic Workers specifies the maximum number of hours children ages 15 to 17 may work.(21) Additionally, Thailand does not have legislation specifically to protect children and punish offenders in all aspects of child pornography, although draft legislation is pending.(39) These gaps hinder the prosecution of child pornography offenders and protection for child pornography victims.(29, 40)

III. Enforcement of Laws on the Worst Forms of Child Labor

The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency	Role
Department of Labor, Protection, and Welfare (DLPW) of the Ministry of Labor (MOL)	Enforce labor laws, including the Labor Protection Act and Occupational Safety, Health, and Environment Act, through workplace inspections.(21) Operate a DLPW telephone hotline, Hotline 1546, to answer questions involving working conditions and receive complaints from the public about child labor.(41, 42)
Fishing Coordination Centers (operated jointly by the Department of Employment, DLPW, and the Marine Police)	Monitor and inspect working conditions of fishing vessels. Aim to increase protection for workers, and allow migrants to become legalized through a registration process.(29, 40)
Anti-Human Trafficking Division (AHTD) of the Royal Thai Police (RTP)	Enforce laws specifically related to forced labor, human trafficking, and commercial sexual exploitation of women and children.(29) Operate AHTD Hotline 1191 to receive complaints regarding human trafficking and violence against children and women.(21)
Department of Special Investigations (DSI) in the Ministry of Justice	Investigate complicated human trafficking crimes, including those related to government officials' complicity and transnational or organized crime. MOU between the RTP and DSI states that a NGO or social worker can choose which entity will investigate and that such entity must work on the case from start to finish.(29, 40, 43)
RTP and Attorney General	Enforce the Transnational Organized Crime Act.(40)

Law enforcement agencies in Thailand took actions to combat child labor, including its worst forms.

Labor Law Enforcement

In 2014, the Department of Labor, Protection, and Welfare (DLPW) employed 594 inspectors, which the DLPW recognized as insufficient to adequately monitor all workplaces covered by Thai labor laws.(21) The DLPW reported that 221 labor inspectors were trained on child labor, hazardous child labor, and the worst forms of child labor.(21) During the reporting period, the Ministry of Labor (MOL) hired interpreters in eight provinces with large populations of migrant workers. In other provinces, labor inspectors must rely on interpreters provided by the employer or on the assistance of other migrant workers inside the factory.(21) The DLPW has authorized the Marine Police, Thai Navy, and Department of Fisheries to conduct labor inspections on sea-fishing vessels; approximately 160 officers from the Marine Police and Navy are trained and registered as labor inspectors.(21) The DLPW received a budget of $798,093 for fiscal year 2014 labor inspections, a small decrease from the previous year's budget of $812,496.(21)

During the reporting period, labor inspectors conducted 39,185 workplace inspections. Inspectors conduct both unannounced inspections in targeted industries that they believe are more at risk for violations or when complaints are received, and pre-announced inspections to advise employers and employees of their rights, duties, and appropriate labor practices.(21) In 2014, Thailand created multidisciplinary inspection teams consisting of labor inspectors, police, and NGO representatives to conduct inspections in targeted geographic areas and sectors such as shrimp and seafood processing and fishing. These inspections have been reported as more cost-effective, reducing opportunities for bribery, increasing the ability to enforce the laws under the authority of different agencies, and beneficial, particularly in hard-to-reach workplaces such as on fishing boats.(21) Observers commented that inspections were focused on medium-size workplaces and export-oriented industries, and neglected other sectors and workplaces where child labor may also exist. The lack of nationwide data on child labor hampers the ability to conduct targeted inspections.(21)

Labor inspectors found violations in eight workplaces, involving 20 children. Violations included under-age child labor, working without payment, working during the night, and failure to notify the DLPW of having employed children ages 15 to 18.(21) The DLPW confirmed that in cases where fines were applied, they were collected; however, penalties are infrequently applied in accordance with the parameters prescribed by law.(21, 29, 44)

Enforcement of the list of hazardous work prohibited for children is concentrated in the formal sector, such as the industrial and service sectors.(29) Under the Home Workers Protection Act, the DLPW now includes home-based workplaces under its purview.(29) However, labor inspectors have limited access to the entities covered by the Act, including home-based businesses and employment sites, which require a warrant to access an individual's property. This makes it very challenging to inspect private homes in order to monitor the welfare of child domestic workers or children working in home-based employment.(13, 29) Additionally, at times, labor inspectors are afraid of being sued by employers, as neither the law nor the institutional policies provide adequate protection or financial assistance to labor inspectors who are sued.(21)

The complaint mechanisms remain weak for migrant workers who cannot speak and read Thai, and for those in the informal sector and in remote areas, including on fishing vessels.(21, 29)

Criminal Law Enforcement

In 2014, the Anti-Human Trafficking Division (AHTD) of the Royal Thai Police (RTP) and the Department of Special Investigations in the Ministry of Justice comprised approximately 300 and 25 officials, respectively, who were responsible for enforcing laws specifically related to forced child labor, trafficking, and commercial sexual exploitation of children.(21) During the reporting period, approximately 10,271 government officials, including police and labor inspectors, received training on combating human trafficking.(26)

From October 2013 to September 2014, the RTP conducted criminal investigations of 27 child forced labor cases involving 46 children, and of 139 child commercial sexual exploitation and pornography cases involving 186 children.(21) In 2014, the RTP initiated investigations into 280 trafficking cases involving 595 victims, including 380 victims under 18 years old. These cases included 222 sex-trafficking cases, 11 forced begging cases, and 47 forced labor cases.(26) Also in 2014, the RTP conducted criminal investigations of 2,217 illicit activities cases, primarily drug-related, involving 2,191 children.(21)

Criminal law enforcement is hampered by systematic bribery and corruption, with law enforcement officials involved in brothels or karaoke bars, including those purchasing sex with underage girls; these officials are also believed to be involved with human smuggling networks.(21)

IV. Coordination of Government Efforts on the Worst Forms of Child Labor

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 6).

Table 6. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body	Role & Description
The National Committee to Eliminate the Worst Forms of Child Labor	Coordinate the implementation of child labor policies and plans, facilitate cooperation among various coordinating ministries, and report annually to the Thai Cabinet on child labor issues.(45) Chaired by the MOL, with representation from other government agencies, employer and worker associations, and civil society groups.(46) Oversee three subcommittees that monitor the National Policy and Plan to Eliminate the Worst Forms of Child Labor (2009-2014); update the list of hazardous activities prohibited for children under age 18; and work on key performance indicators to measure and eliminate the worst forms of child labor in Thailand.(45, 47)
National Policy Committee on Anti-Trafficking in Persons and Illegal, Unreported, and Unregulated Fishing*	Coordinate anti-trafficking in persons policies and activities and is chaired by the Prime Minister. Includes five subcommittees to drive policy, including the Subcommittee on Child Labor, Forced Labor, and Migrants Workers chaired by the Minister of Labor.(39) Also includes the Anti-Trafficking in Persons Committee and the Policy Committee on the Resolution of Migrant Labor and Human Trafficking Problems.(39)
National Operation Center for the Prevention and Suppression of Human Trafficking	Coordinate anti-human trafficking activities, including those involving child forced labor, trafficking, and commercial sexual exploitation and is located under the Ministry of Social Development and Human Security (MSDHS). Monitor the work of 76 Provincial Operation Centers for the Prevention and Suppression of Human Trafficking, which serve as the frontline implementers of anti-human trafficking activities.(29)

* Mechanism to coordinate efforts to address child labor was created during the reporting period.

In December 2014, the Government created a National Policy Committee on Anti-Trafficking in Persons and Illegal, Unreported, and Unregulated Fishing. In addition to five new subcommittees, this committee now oversees the National Anti-Trafficking in Persons Committee created in 2008, the new Policy Committee on the Resolution of Migrant Labor and Human Trafficking Problems which replaced the former National Committee on the Management of Illegal Migrant Workers set up in 2001, and the new Subcommittee on the Coordination of the Action to Resolve Migrant Labor and Human Trafficking Problems.(39)

Thailand has MOUs on operational procedures for concerned agencies in combating human trafficking with Burma, Cambodia, Japan, Laos, and Vietnam. During the reporting period, the MOU between Thailand and Cambodia was updated in order to comply with 2008 Thai Anti-Trafficking in Persons laws.(21)

V. Government Policies on the Worst Forms of Child Labor

The Government of Thailand has established policies related to child labor, including its worst forms (Table 7).

Table 7. Policies Related to Child Labor

Policy	Description
The National Plan of Action (NPA) to Eliminate the Worst Forms of Child Labor (2009–2014)	Aims to prevent, protect, and withdraw children from the worst forms of child labor, improve legislation and law enforcement related to the worst forms of child labor, and build the capacity of officials who administer policies and programs on the worst forms of child labor.(45, 48, 49) Key performance indicators include reduced number of children engaging in the worst forms of child labor; increased efforts to remove children from the worst forms of child labor; increased criminal prosecutions against employers who exploit children; increased capacity and knowledge of practitioners working in this field; and increased national- and provincial-level administrative and management efforts to eliminate the worst forms of child labor.(50) In October 2014, an evaluation of the 5-year plan was started, which will provide input for the second phase of the NPA (2015 2020).(21)
The National Policy, Strategy, and Measures for the Prevention and Suppression of Trafficking in Persons (2011–2016)	Contains five strategies that are operationalized in annual action plans.(51) Strategies include prevention, prosecution, protection and assistance, development of policy and promotion mechanisms, and development and management of information.(52)
National Child and Youth Development Plan (2012–2016)*	Seeks to advance principles that include (1) the enforcement and implementation of the National Child and Youth Development Promotion Act of 2007 and relevant laws; (2) the idea that every child and young person has the right to basic education of the highest quality; (3) the notion that children and youth have the right to basic health care services of the highest standard; and (4) the idea that children and youth have the right to play, rest, and participate in recreational activities.(53, 54)

* Child labor elimination and prevention strategies do not appear to have been integrated into this policy.

VI. Social Programs to Address Child Labor

In 2014, the Government of Thailand funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms. The Government has other programs that may have an impact on child labor, including its worst forms (Table 8).

Table 8. Social Programs to Address Child Labor

Program	Description
National and Provincial Operation Centers for Providing Assistance to Women and Child Laborers‡	DLPW program that provides assistance to women and child laborers, collects and disseminates information on the worst forms of child labor; reports their activities to the National Committee to Eliminate the Worst Forms of Child Labor .(50)
Government Shelters for Trafficking Victims‡	MSDHS' Bureau of Anti-Trafficking in Women and Children operates 76 Provincial Operation Centers to provide emergency assistance and protection to human trafficking victims. Nine long-term shelters offer medical care, psychosocial services, education, and life skills education for human trafficking victims.(10, 55, 56) In 2014, government shelters provided services to 303 trafficked victims, including 138 children under the age of 18.(26)
Migrant Learning Centers‡*	Government and nonprofit organizations program to provide basic education to children in migrant communities. Government District Education Offices provide guidance and technical support to ensure that children receive a learning assessment and meet the qualifications to earn a certificate of completion issued by the Ministry of Education.(10)
Asia-Australia Program to Combat Trafficking in Person (AAPTIP) (2013–2018)	$45 million Australian-Aid-funded, 5-year ASEAN regional project to build capacity and strengthen access to criminal justice for trafficking victims.(21) In 2014, the Government of Thailand agreed to participate in projects that will focus on creating specialized investigative units; increasing interagency cooperation among public prosecutors, police, and DSI on joint investigations; creating a specialized unit on TIP in the Attorney General's office; and developing training curriculum for law enforcement, prosecutors, and judges.(21)
Combating the Worst Forms of Child Labor in Shrimp and Seafood Processing Areas in Thailand (2010–2015)	$9 million USDOL-funded, 4.5-year project implemented by ILO-IPEC to eliminate child labor in the shrimp and seafood processing industry. Aims to strengthen policy frameworks to protect the rights of Thai and migrant children; assist the shrimp and seafood processing industry to comply with labor laws; and provide education and other services to at-risk children and families in the targeted areas.(49) Targets 7,500 children for the prevention and withdrawal from the worst forms of child labor, and 3,000 households for livelihood services.(49)
Project Childhood (2010–2014)	$3.67 million UNODC-operated, 4-year project to build the capacity of law enforcement officials in Thailand, Cambodia, Laos, and Vietnam to identify and prosecute child sex offenders.(57, 58)
GMS TRIANGLE Project (2010–2015)	Government of Australia-funded, 5-year project implemented by the ILO to reduce the exploitation of labor migrants through increased legal and safe migration and improved labor protection. Includes six participating countries in the Greater Mekong Subregion.(59)
One-Stop Service Centers‡	Government-run centers to register undocumented migrant workers from Burma, Laos, and Cambodia and their dependents through a streamlined process. Granted temporary stays and temporary work permits to registered migrants, gave them health checks, helped them purchase health insurance for themselves and their children, and recorded them in the MOI's nationwide online citizen database system, along with Thai nationals.(21)
One-Stop Crisis Centers (OSCC) 1300 Hotline‡	MSDHS program that focuses on teenage pregnancy, human trafficking, child labor, and violence against children, women, the elderly, and persons with disabilities. Interpreters available for callers speaking English, Burmese, Khmer, Vietnamese, Chinese, and Thai Yai (Shan).(21) In 2014, the hotline received 3,485 calls regarding incidents of violence against children, women, the elderly, and disabled (2,404); teenage pregnancy (948); human trafficking (123); and child labor(10).(26)

* The impact of this program on child labor does not appear to have been studied.
‡ Program is funded by the Government of Thailand.

The One-Stop Service Centers do not have a registration process for migrant children ages 16 to 18. Only children younger than 16 years old can be registered as dependents; and children ages 15 to 18 may claim to be over 18 through falsified documents from their country of origin in order to work in Thailand legally.(21)

VII. Suggested Government Actions to Eliminate the Worst Forms of Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor, including its worst forms, in Thailand (Table 9).

Table 9. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area	Suggested Action	Year(s) Suggested
Legal Framework	Clarify the maximum number of hours that children age 15 to 17 may work in the agricultural sector.	2011–2014
	Ensure that the law protects child domestic workers from working an excessive number of hours.	2012–2014
	Enact legislation that includes specific provisions, protection, and penalties on all aspects of child pornography.	2013–2014
Enforcement	Provide labor inspectors with the capacity to communicate in the languages of migrants or ethnic minorities during labor inspections.	2009–2014
	Apply penalties to violators of child labor laws that adhere to the parameters prescribed by law.	2013–2014
	Remove administrative barriers that impede inspections of home-based businesses.	2013–2014
	Improve mechanisms for labor complaints that workers can easily access to report labor law violations, particularly among migrant workers, as well as in remote areas and the informal sector.	2012–2014
Government Policies	Integrate child labor elimination and prevention strategies into the National Child and Youth Development Plan .	2013–2014
Social Programs	Take steps to eliminate barriers and make education accessible for all children, including ethnic minorities and migrants.	2012–2014
	Raise awareness of migrant children's right to education among migrant families and local government officials.	2012–2014
	Carry out a national survey on child labor, including the worst forms of child labor.	2009–2014
	Ensure that national reporting and statistics on child labor include children working on the streets and migrant children.	2012–2014
	Assess the impact that existing programs may have on addressing child labor.	2013–2014
	Clarify registration process for One-Stop Service Centers for migrant children ages 16 to 18.	2014