Thai Beef Up Implementation of Anti-Human Trafficking Law

UNCLAS SECTION 01 OF 03 BANGKOK 003046 Department for GTIP C. Chan-Downer and EAP/MLS D. Smith Labor for Brandie Sasser SENSITIVE SIPDIS E.O. 12958: N/A TAGS: KTIP ELAB TH SUBJECT: Thai Beef Up Implementation of Anti-Human Trafficking Law BANGKOK 00003046 001.2 OF 003 Sensitive But Unclassified. For Official Use Only. Ref: 08 BANGKOK 3588 ¶1. (SBU) Summary: Thai Ministry of Social Development and Human Security (MSDHS) officials detailed for Emboffs on November 20 continuing efforts by the Royal Thai Government (RTG) to combat human trafficking (TIP). Officials described various prevention and victim protection activities, including RTG-sponsored working groups established to focus on areas such as the fishing industries, fraudulent marriage, and trafficking-related information management through databases. MSDHS officials confirmed that implementing regulations under Thailand's 2008 TIP law are in effect, and that the RTG is still deliberating on how to best operationalize one aspect of the law regarding the ability for victims to work outside shelters. The officials also discussed awareness raising activities that have taken place or are planned throughout Thailand, and would like to pursue a "substantive" TIP-related agreement with Malaysia. End Summary. ¶2. (SBU) Comment: Of the multiple meetings we have held with MSDHS officials since Thailand's TIP law came into force in June 2008, this meeting was perhaps our most productive. The RTG TIP-related committee (and working group) structure, created under Thailand's new law, appears to have created a forum that fosters increased interagency communication and action. The officials were therefore able to speak to RTG efforts beyond those normally handled by their ministry. We appreciated their candor when discussing challenges to their anti-trafficking efforts, and that they listened carefully to our suggestions, both formal and informal. Also noteworthy are related efforts to bring children resident in Thailand, but without Thai citizenship, into the social mainstream. End Comment. ¶3. (SBU) On November 20, Econoff met with officials from the Royal Thai Government's (RTG) Ministry of Social Development and Human Security (MSDHS) to discuss RTG anti-human trafficking efforts, particularly in the areas of prevention and protection. Over a lengthy afternoon meeting, Dr. Yanee Lertkrai, Deputy Director General of the Department of Social Development and Welfare; Ms. Sawanee Khomepatr, Director of the Bureau of Anti-Trafficking in Women and Children; Ms. Sawareee Chaihan, Advisor of the Bureau of Anti-Trafficking in Women and Children; Ms. Sunee Srisangatrakullert, Chief of MSDHS' national anti-trafficking operations center; and Ms. Jameekorn Pinsuk, International Affairs Officer spoke with enthusiasm and candor about the efforts. The officials come from two key offices within MSDHS, one primarily responsible for victim assistance and shelters and the other responsible for policy matters and coordination with other RTG entities. (Note: Sunee will travel to the United States in February 2010 on a human trafficking-related international visitors program. End Note.) Implementing Regulations -------------- ¶4. (SBU) According to our counterparts, all subordinate regulations to Thailand's 2008 human trafficking (TIP) law have been approved and are in effect (ref A). The regulations, which pertain to multiple topics under the law: - establish rules regarding the protection and usage of documents or information related to TIP offenses, - establish norms on the registration of non-governmental organizations (NGOs) and the assistance they provide during anti-TIP operations, - 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), - govern the provision of protection for trafficking victims, - establish rules governing TIP victim assistance, repatriation, and compensation, and - define "competent official" to determine which official has authority to perform certain duties under the law. Prevention Activities -------------- ¶5. (SBU) The MSDHS officials explained that, using FY 2010 budgetary funds, the Thai government is undertaking a TIP awareness raising campaign to provide training workshops to youth groups in 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). ¶6. (SBU) MSDHS is also planning anti-TIP training sessions specifically for the "competent officials," as defined by the 2008 TIP law and the relevant subordinate regulation. The Ministry officials anticipate the training sessions will take place from BANGKOK 00003046 002.2 OF 003 December 2009 to March 2010 and expect at least 1,000 participants. ¶7. (U) Yanee and Sunee detailed the events organized by the RTG in 2009 to commemorate days regarding human trafficking. 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. ¶8. (U) 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 new 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. Working Groups and Interagency Activity -------------- ¶9. (SBU) Sunee and her staff explained that the RTG's working group on human trafficking in the fishing industry has met eight times, and as recently as November 24. (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). The CMP reports to Thailand's Anti-Trafficking in Persons Committee (ATP),chaired by the Prime Minister; ref A. End Note). In doing so, 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. ¶10. (SBU) Yanee stated that officials from interested Thai government agencies continue to meet to discuss how to best implement article 37 of Thailand's anti-human trafficking law that authorizes, in certain circumstances, the provision of a work permit to TIP victims so that they may temporarily work in Thailand (presumably outside shelters). She noted the discussions have centered on the question of whether 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, or whether changes would need to be made to these laws prior to the implementation of article 37. Yanee explained the question will be submitted to the CMP committee for its decision. She also cautioned that procedures also need to be developed 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. ¶11. (SBU) The Thai government 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. It also established a working group to oversee the creation of linked databases to track information on groups vulnerable to trafficking, RTG victim assistance, and the progress of specific trafficking cases. Sunee reported that the framework for the databases has already been developed and awaits approval by the CMP. In addition, she explained that the CMP committee is developing a national Master Plan to combat human trafficking and will conduct public hearings in four regions (Khon Kaen, Chiang Mai, Hat Yai, and Bangkok) prior to its finalization. Cross-border Collaboration -------------- ¶12. (SBU) Yanee explained the RTG is interested in formalizing its anti-human trafficking cooperative efforts with the government of Malaysia (GOM) through a memorandum of understanding similar to those Thailand has with other nations. While noting the RTG's desire to pursue a "substantive" agreement with Malaysia, she highlighted two points of concern, from the RTG perspective, in doing so: the lack of a focal point in the GOM with whom to coordinate and the lack of a critical mass of non-governmental organizations (NGOs) in Malaysia that the RTG believes would be necessary for the implementation of a broad "multi-disciplinary" strategy to combat TIP. BANGKOK 00003046 003.2 OF 003 JOHN