Identifier
Created
Classification
Origin
09BANGKOK3177
2009-12-17 08:25:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bangkok
Cable title:  

THAILAND: OFFICIAL RESPONSE TO PROPOSED CHILD LABOR LISTS

Tags:  ELAB ECON ETRD PREL KTIP TH 
pdf how-to read a cable
VZCZCXRO8707
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHBK #3177/01 3510825
ZNR UUUUU ZZH
O 170825Z DEC 09
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9319
INFO RUEHC/DEPT OF LABOR WASHINGTON DC IMMEDIATE
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC IMMEDIATE
RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHCHI/AMCONSUL CHIANG MAI IMMEDIATE 7421
UNCLAS SECTION 01 OF 02 BANGKOK 003177 

STATE FOR EAP/MLS, DRL/ILCSR, G/TIP
LABOR FOR ILAB FOR BSASSER, CCASTRO
COMMERCE FOR EAP/MAC/OKSA FOR JKELLY
STATE PASS TO USTR FOR BWEISEL, BKLEIN

SENSITIVE
SIPDIS

E.O. 12958:N/A
TAGS: ELAB ECON ETRD PREL KTIP TH
SUBJECT: THAILAND: OFFICIAL RESPONSE TO PROPOSED CHILD LABOR LISTS

REF: A. BANGKOK 2355 (THAI REACTION TO LISTS)

B. SECSTATE 92560 (CHILD LABOR LISTS)

BANGKOK 00003177 001.2 OF 002


UNCLAS SECTION 01 OF 02 BANGKOK 003177

STATE FOR EAP/MLS, DRL/ILCSR, G/TIP
LABOR FOR ILAB FOR BSASSER, CCASTRO
COMMERCE FOR EAP/MAC/OKSA FOR JKELLY
STATE PASS TO USTR FOR BWEISEL, BKLEIN

SENSITIVE
SIPDIS

E.O. 12958:N/A
TAGS: ELAB ECON ETRD PREL KTIP TH
SUBJECT: THAILAND: OFFICIAL RESPONSE TO PROPOSED CHILD LABOR LISTS

REF: A. BANGKOK 2355 (THAI REACTION TO LISTS)

B. SECSTATE 92560 (CHILD LABOR LISTS)

BANGKOK 00003177 001.2 OF 002



1. The Ministry of Foreign Affairs recently provided a copy of
Thailand's official comments in response to the Department of
Labor's request for public comments on the List of Products
Requiring Federal Contractor Certification as to Forced/Indentured
Child Labor Pursuant to Executive Order 13126. This cable transmits
the text of the diplomatic note; the more lengthy official comments
will be sent separately via e-mail to the Department.


2. Begin text of Diplomatic Note No. 1102/1274, dated December 9,
2009:

Dear Ambassador John,

I wish to inform you that, in response to the U.S. Department of
Labor's "Notice of Initial Determination Updating the List of
Products Requiring Federal Contractor Certification as to
Forced/Indentured Child Labor Pursuant to Executive Order 13126" and
"List of Goods Produced by Child Labor or Forced Labor" announced on
September 10, 2009, the Royal Thai Government hereby submits to the
U.S. Government the document on "Thailand's Efforts in the
Prevention and the Elimination of Child Labor: Shrimp, Garments,
Sugarcane, and Pornography." The document was compiled by the
Department of American and South Pacific Affairs, Ministry of
Foreign Affairs, in collaboration with all public and private
agencies concerned.

The Royal Thai Government attaches great importance to the issue of
child and forced labor. Upon learning that Thailand is listed on two
of the Department of Labor's reports mentioned above, the Prime
Minister instructed the Ministry of Foreign Affairs to set up a
working group comprising of public and private agencies concerned to
consolidate the information on what Thailand has been undertaking in
the prevention and elimination of child and forced labor problem,
especially in the sectors mentioned in the Department of Labor's
lists.

During the meeting of this Working Group and prior meetings among
relevant agencies, concerns have been expressed on the methodology

used in gathering the information and in compiling these reports and
lists. The references made are secondary sources, and some outdated,
which beg the question of their credibility. In addition, the
sources sometimes are case studies of isolated incidents in a
specific area, and do not reflect the overall picture of the whole
industry. The reports and the lists do not fairly reflect the
overall situation in Thailand and her continuous attempts in
addressing the matter. Without duly recognizing the country's
genuine and increasing efforts, the reports would discourage
existing efforts undertaken by both the Thai Government and private
sector.

For shrimp products, there has been close cooperation between
Thailand and the United States. The U.S. Immigration and Customs
Enforcement (ICE) have been seen on several occasion to observe the
operation and labor employment of shrimp facilities in Thailand and
expressed their satisfaction with the result and appreciation for
the transparency shown by Thailand. The Thai public and private
agencies have also regularly inspected workplaces in the shrimp
industry. The shrimp private sector has been very proactive in
tackling the issue by setting up their own rules and regulations in
addition to those of the Government as well as their own mechanism
to help monitor their own industry and to put pressure on their
members.

For garment, 80 percent of the garment production in Thailand is for
exportation. The production process is under both domestic and
international standards which include child labor standards. The
brand companies which outsource the production to Thai companies
also have set up mechanism for random inspections by internationally
accepted third party. No illegal child labor has been found in
Thailand's export garment production during the past several years.

For sugarcane, the private sector confirms no use of child labor in
the industry. Children found in sugarcane production are not hired
labor. They may accompany their parents who work at the plantations
to spend time with their parents. The reference source of the
Department of Labor in the sugarcane part is from a research done
back in 2006 specifically in Udon Thani Province and, therefore,
does not fairly represent the present and accurate situation of the
entire industry.

With regard to child pornography, it is illegal in Thailand and

BANGKOK 00003177 002.2 OF 002


Thailand recognizes the importance of the elimination of this
problem. There are several Thai laws against child pornography as
listed in the attached document. The Government works closely with
foreign governments, including the United States, in enforcing these
laws and bringing cases against those who have abused Thai children
for the purpose of pornography.

The Ministry of Foreign Affairs that the Embassy would kindly
forward the attached document and convey the afore-mentioned facts
and efforts in Thailand in preventing, addressing, and eliminating
the child and forced labor problem to the U.S. Department of Labor
and other agencies concerns. The Embassy's active role in ensuring
that the DOL appreciates the real situation of child and forced
labor in Thailand and our efforts would be much appreciated. In this
regard, we hope that Thailand will be removed from the lists of
child and forced labor for the afore-mentioned products, namely,
shrimp, garment, sugarcane and child pornography.

I thank you for your kind understanding and support.

Sincerely yours,
/s/
Chirachai Punkrasin
Director-General
Department of American and South Pacific Affairs

JOHN