THAILAND: TRAFFICKING IN PERSONS REPORT - 2008

UNCLAS SECTION 01 OF 32 BANGKOK 000499



Department for G/TIP, EAP/RSP, INL, DRL, PRM

Labor for ILAB



SENSITIVE

SIPDIS



E.O. 12958: N/A

TAGS: KTIP, ELAB, KCRM, KWMN, PGOV, PHUM, PREF, SMIG, KFRD, ASEC,

TH

SUBJECT: Thailand: Trafficking in Persons Report - 2008



REF A: 08 STATE 132759 (REPORTING REQUEST)

REF B: STATE 5577 (ADDITIONAL GUIDANCE FOR REPORTING)

REF C: BANGKOK 237 (CHILD LABOR REPORT INPUT)

REF D: 08 BANGKOK 3588 (PROGRESS ON TIP LAW)



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Sensitive But Unclassified. For Official Use Only.



1. (SBU) Summary: Despite various and sometimes mounting

challenges, the Royal Thai Government (RTG) made significant efforts

to combat human trafficking (TIP) in 2008. Although Thailand's

political turmoil resulted in five changes in Prime Minister over

the course of the year, the RTG made considerable strides in the

implementation of Thailand's comprehensive new anti-TIP law that

came into force in June (ref. D). They include making the drafting

of multiple subordinate regulations to the law, the signing of two

new regional MOUs by provincial authorities, and the development of

operational guidelines for victim identification and for labor

trafficking cases. Thai authorities trained thousands of

individuals (police, social workers, prosecutors, non-governmental

organization representatives, etc.) on the new TIP law and how to

most effectively put it to use through multidisciplinary teams. In

recognition of the status of adult males as TIP victims (codified by

the new law),the RTG opened a new shelter for men (three others are

planned) and expanded by 39 its existing network of temporary

shelters for all victims. Proceedings in the Ranya Paew case

advanced, with a labor court ordering in November that $3,600,000

baht (USD 109,010) in compensation be paid to the victims. To

develop their criminal case, law enforcement officials finished

taking testimony from the 66 victims, paving the way for their

repatriation by December. In September, a Labor Court ordered that

38 surviving crew members from the Prapha Navee fishing case receive

3.8 million baht (108,571 USD) in back wages. The criminal case

involving the Anoma shrimp case advanced with defendants and victims

providing statements to the court in February 2009. In 2008, the

RTG also signed a new TIP-related agreement with the government of

Vietnam. End Summary.



2. (SBU) Answers to questions provided by ref. A, paragraph 23

follow:



I. THE COUNTRY'S TIP SITUATION:



-- A. WHAT IS (ARE) THE SOURCE(S) OF AVAILABLE INFORMATION ON

TRAFFICKING IN PERSONS? WHAT PLANS ARE IN PLACE (IF ANY) TO

UNDERTAKE FURTHER DOCUMENTATION OF HUMAN TRAFFICKING? HOW RELIABLE

ARE THESE SOURCES?



Information on trafficking in persons is widely available from many

NGOs, UN agencies, and other international organization activities

in Thailand, as well as from various Thai government agencies (e.g.,

Ministry of Foreign Affairs, Ministry of Social Development and

Social Security, the Children and Women Protection Division (CWD) of

the Royal Thai Police, Ministry of Labor, Office of the Attorney

General, etc). While most information collected from these

organizations is reliable, information from the media is not always

reliable and must be confirmed by other sources.



-- B. IS THE COUNTRY A COUNTRY OF ORIGIN, TRANSIT, AND/OR

DESTINATION FOR INTERNATIONALLY TRAFFICKED MEN, WOMEN, OR CHILDREN?

DOES TRAFFICKING OCCUR WITHIN THE COUNTRY'S BORDERS? IF SO, DOES

INTERNAL TRAFFICKING OCCUR IN TERRITORY OUTSIDE OF THE GOVERNMENT'S

CONTROL (E.G. IN A CIVIL WAR SITUATION)? TO WHERE ARE PEOPLE

TRAFFICKED? FOR WHAT PURPOSES ARE THEY TRAFFICKED? PROVIDE, WHERE

POSSIBLE, NUMBERS OR ESTIMATES FOR EACH GROUP OF TRAFFICKING

VICTIMS. HAVE THERE BEEN ANY CHANGES IN THE TIP SITUATION SINCE THE

LAST TIP REPORT (E.G. CHANGES IN DESTINATIONS)?



Thailand is a country of origin, transit and destination for persons

subjected to the worst forms of trafficking as defined by the

Trafficking Victims Protection Act (TVPA). Trafficking occurs both

across international borders and internally between rural and urban

areas. Migrants from neighboring countries (mostly from Burma,

Cambodia, and Laos) are trafficked into Thailand. Thai citizens are



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trafficked into other countries in Northeast Asia, the Middle East,

Africa, and Europe, and elsewhere. Trafficking activity occurs in

the area around the Thailand-Malaysia border where political unrest

hinders the RTG's ability to combat all crime.



As a source country, in 2008, Thais were found to be trafficked,

mostly for the sex trade and construction work, to Malaysia,

Bahrain, Japan, South Africa, United Kingdom, Singapore, Australia,

Hong Kong, Brunei, Taiwan, Vietnam, the United States, Turkey,

Libya, Spain. As transit countries, people from North Korea, China,

Vietnam, and Burma pass through Thailand to third countries such as

Malaysia, Indonesia, Singapore, Russia, Western Europe, South Korea,

and the United States. As a destination country, people from

neighboring countries (Cambodia, Burma, Laos, China, and Vietnam)

and others as far off as Russia and Fiji are found to be trafficked

into Thailand, mostly into urban areas such as Bangkok, Chiang Mai,

Pattaya, Samut Prakarn, Samut Sakorn, and Songkla.



There was no reliable estimate of the magnitude of the trafficking

phenomenon in Thailand. While NGOs reported a growing number of

Burmese smuggled into Thailand seeking employment, they did not

report human trafficking to be on the rise. There was general

agreement among United Nation agencies, NGOs, and the RTG that only

a small percentage of those engaged in prostitution in Thailand are

either underage or are in involuntary servitude or debt bondage as

defined by the TVPA, although serious problems remain. While women

and children (especially girls) have in the past tended to be the

most frequent trafficking victims in Thailand, cases of labor

exploitation involving migrant workers indicated that men are also

at risk for labor trafficking.



Evidence suggested that the trafficking of men, women and children

into labor sectors such as commercial fisheries, fishing-related

industries, or sweatshop work was a significant portion of all

trafficking in Thailand. Children were also found to be trafficked

into Bangkok or other urban areas and forced to sell flowers, beg,

or work in domestic service, according to the NGO World Vision. Thai

women were found to be trafficked abroad for sexual exploitation

especially in Japan, UK and Australia.



Studies done by United Nations agencies and NGOs found evidence of

exploitation (including human trafficking) of Burmese migrants in

the seafood processing sector, sometimes through debt bondage. The

NGO Rak Thai Foundation in Mahachai reported that Burmese women were

targeted by rape gangs due to their illegal status and lack of

knowledge about their rights and protections under Thai law. UNIAP

also reported that migrant workers were found to be vulnerable due

to their language barrier, limited knowledge of Thai laws, as well

as the withholding of travel documents, migrant registration cards,

and/or work permits by employers.



According to UNESCO and NGO studies, ethnic minorities resident in

Thailand, such as an estimated 350,000 northern hill tribe people

who have not received legal residency or citizenship, were at

particular risk for trafficking. Although absolute numbers of

ethnic minority trafficking victims were not high, they were found

in numbers disproportionate to their share of the population in

Thailand.



The Ministry of Social Development and Human Security (MSDHS)

reported it assisted 622 TIP victims in 2008, 520 foreigners and 102

Thai citizens. Of the 622, 306 (roughly 50 percent) agreed to

cooperate with law enforcement authorities on their cases

investigation and prosecution. Only 35 of the 102 Thai victims

agreed to cooperate on their cases investigation and prosecution.



Number of trafficking victims assisted by MSDHS (Jan-Dec 2008)

(Unit: Number of Persons):



Victims Proceed with Prosecution Do Not Proceed



-------------- -------------- --------------

Thai trafficking 44 6 38



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victims abroad



Thai trafficking 58 29 29

victims in Thailand



Foreign trafficking 520 271 249 victims in

Thailand



Total 622 306 316

(Source: Dept. of Social Development and Welfare, MSDHS)



The Children and Women Protection Division of the Royal Thai Police

(CWD) reported that CWD alone (not including other police divisions)

investigated 54 offenders of human trafficking cases, involving 82

TIP victims. Out of 54 offenders, 34, 12 and 8 were charged with

forced prostitution, procuring prostitutes, and forced child labor,

respectively. Statistics by types of crime and nationality follow:





Number of TIP investigations by CWD (Jan-Dec 2008)

(Unit: Number of Persons)

Number of offenders Number of victims

-------------- --------------

Forced prostitution 34 19

(33 Thai,1 Lao) (17 Thai,2 Lao)



Procuring for prostitution 12 29



Forced child labor 8 34

(3 Thai, 5 Burm.)(2 Thai, 28 Burmese, 4 Lao)



Total 54 82

(36 Thai, 1 Lao, 5 Burm.) (19 Thai, 6 Lao, 28 Burm.)

(Source: Children and Women Protection Division (CWD))



The Ministry of Foreign Affairs (MFA) Department of Consular Affairs

reported 443 Thai nationals were classified as TIP victims abroad

and repatriated to Thailand with MFA assistance in fiscal year 2008

(October 2007-September 2008),compared to 403 and 397 victims in

FY2007 and FY2006, respectively. The breakdown by destination

country follows:



Number of Thai TIP victims abroad who were repatriated back to

Thailand (Oct 07-Sep 08)

(Unit: Number of Persons)

Destination FY 2006 FY2007 FY 2008

-------------- -------------- -------------- --------------

Bahrain 236 368 360

Singapore 9 14 3

Malaysia 39 12 73

South Africa 20 3 1

Saudi Arabia 0 3 0

Hong Kong 2 2 1

Japan 3 1 0

United Kingdom 5 0 0

Taiwan 0 0 5

Total 397 403 443

(Source: Department of Consular Affairs, Ministry of Foreign

Affairs)



The Ministry of Social Development and Human Security (MSDHS)

reported that 3,772 foreign women and children were classified as

TIP victims in Thailand and received assistance and protection at

MSDHS shelters between 1999-2008, that 2,553 (68 percent) were

repatriated back to their home country, and approximately 292 people

remained in MSDHS shelters at the end of 2008. The breakdown by

country of origin follows:



Number of Foreign TIP victims in the government shelters. (1999 -

Dec 2008)(Unit: Number of Persons)

Nationality Assisted Repatriated Other* Remain in shelters

-------------- -------------- -------------- -------------- --------------

Cambodia 1,235 968 245 22



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Burma 1,121 623 308 190



Laos 1,336 915 347 74

China 32 21 10 1



Vietnam 26 20 3 3

Other 22 6 14 2

Total 3,772 2,553 927 292

* victims referred/transferred to other agencies, fled from the

shelter, etc.

(Source: Department of Social Development and Welfare, MSDHS)



-- C. WHAT KIND OF CONDITIONS ARE THE VICTIMS TRAFFICKED INTO?



Thai and foreign victims found themselves in situations of forced or

bonded labor, forced commercial sexual exploitation, domestic

servitude, or other exploitive conditions.



UNIAP reported that the sectors in which trafficked persons were

most commonly found in Thailand were those involving sexual

exploitation, begging, domestic work, factory work, agriculture,

fishing, and fishing-related industries. The conditions that

victims were trafficked into varied from mild to severe. In some

cases, factory workers were forced to work long hours with few

safety precautions, experienced health problems, were vulnerable to

violence, and worked without pay or less pay than promised. In

fishing-related industries, workers at times remained at sea for

long periods (3 months to 1 year),did not receive pay, and were

threatened or physically beaten. In the commercial sex industry,

women were at times locked-up and forced to work with multiple

clients.



-- D. VULNERABILITY TO TIP: ARE CERTAIN GROUPS OF PERSONS MORE AT

RISK OF BEING TRAFFICKED (E.G. WOMEN AND CHILDREN, BOYS VERSUS

GIRLS, CERTAIN ETHNIC GROUPS, REFUGEES, IDPS, ETC.)?



Women, children, migrants, ethnic minorities, and stateless people

along the Thai-Burmese border were more at risk. The majority of

people trafficked to Thailand were migrants from Burma, Laos, and

Cambodia who often had no valid visa or work permit, did not speak

Thai, had no knowledge of Thai Law, nor understand how to access to

Thai justice system, according to the UNIAP. Newly arrived migrants

were generally more at risk. UNESCO identified lack of citizenship

as the greatest risk factor for highland girls and women in Thailand

to being trafficked or otherwise exploited. Regarding Cambodian

victims, many appeared to be males (especially those newly arrived)

trafficked onto fishing boats. Women trafficked were found in

sweatshops, the sex trade, and domestic service while children were

found in the agricultural sector and in small-scale shops. Boys and

adult male victims were mostly found in the fishing (and related)

industries, agriculture, and construction work.



-- E. TRAFFICKERS AND THEIR METHODS: WHO ARE THE

TRAFFICKERS/EXPLOITERS? ARE THEY INDEPENDENT BUSINESS PEOPLE?

SMALL OR FAMILY-BASED CRIME GROUPS? LARGE INTERNATIONAL ORGANIZED

CRIME SYNDICATES? WHAT METHODS ARE USED TO APPROACH VICTIMS? FOR

EXAMPLE, ARE THEY OFFERED LUCRATIVE JOBS, SOLD BY THEIR FAMILIES, OR

APPROACHED BY FRIENDS OF FRIENDS? WHAT METHODS ARE USED TO MOVE THE

VICTIMS (E.G., ARE FALSE DOCUMENTS BEING USED?). ARE EMPLOYMENT,

TRAVEL, AND TOURISM AGENCIES OR MARRIAGE BROKERS INVOLVED WITH OR

FRONTING FOR TRAFFICKERS OR CRIME GROUPS TO TRAFFIC INDIVIDUALS?



Traffickers ranged from opportunistic individuals to organized

networks. According to UNIAP, traffickers bringing victims into

Thailand generally did not need a high level of organization,

whereas those bringing victims from Thailand to foreign destinations

required more organized networks and financing. As a destination

country, Thailand's somewhat porous borders made undocumented entry

from Burma, Laos, and Cambodia relatively easy. False documents are

reportedly used considerably in Thailand, which is made easier by

the complex registration system for migrant workers. Regarding

migrant children, traffickers reportedly offered cash to the child's

parents (especially those in Cambodia or Burma) to take their child



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to a city to earn money by selling flowers or begging.



A study conducted by UNIAP in collaboration with an NGO on brokers

and agents in Samut Sakorn indicated that brokers were sometimes a

family member, a friend, or a stranger. They acted as a legitimate

work-oriented service facilitator, or as an exploiter and/or a

trafficker. The study found that brokers were of both Thai and

Burmese origin and worked in networks, collaborating with employers

and at times with individual law enforcement officials.

Exploitation was found in cases of brokers charging excessive

transportation fees, charging high release fees for workers who

wanted to change their place of work, selling trafficked victims to

employers, or charging workers for work registration services.

Brokers and employers could further increase their control over

workers by withholding their identity documents so that workers

could not change employers (thereby limiting their freedom of

movement). Some migrants had to pay fees before their journey to

Thailand and worked to pay off their recruitment and transportation

fees after beginning to earn income.



Selling of victims by family members went virtually unreported in

Thailand.



As a source country, CWD reported that most Thai trafficking victims

were lured by traffickers who were friends, relatives or employment

agents and who promised legitimate work. Most Thai victims

trafficked abroad used air transport and fraudulent documents.



II. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:



-- A. DOES THE GOVERNMENT ACKNOWLEDGE THAT TRAFFICKING IS A PROBLEM

IN THE COUNTRY? IF NOT, WHY NOT?



The Thai government acknowledges human trafficking is a serious

problem in Thailand and has made substantial efforts to address it.

In 1997, the government passed the Measures in Prevention and

Suppression of Trafficking in Women and Children Act which aims to

protect women and children from sexual exploitation. In June 2008,

the new Anti-Trafficking in Persons Act came into force and replaced

the 1997 Act. The new law criminally prohibits all forms of TIP,

including forced child labor, other forms of forced labor, and the

trafficking of males (ref A). The law provides the basis for an

improved anti-TIP architecture within the Royal Thai Government

(RTG) and new tools to combat trafficking. The law provides for

assistance to women, children and men who have become victims of

trafficking through activities related to prostitution, pornography,

sexual abuse, forced labor and forced organ trade. It intensifies

punishment against traffickers, shields victims from prosecution,

provides victims with legal rehabilitation, and provides for the

concealment of their identities and those of their families.



Since the 2008 law came into force, the Royal Thai Government (RTG)

has taken substantial steps to implement it (ref. D). The RTG

identified $1.7 million to endow a new anti-TIP fund available to

government and non-governmental organizations. The RTG is

establishing exclusively for male TIP victims four new shelters, one

of which is already in use. With the help of members of civil

society, relevant RTG ministries published guidelines to improve the

victim identification process as well as TIP operations specifically

targeting labor trafficking cases. Thai law enforcement and

civilian officials trained thousands of individuals on the new TIP

law, including police officers, immigration officers, prosecutors,

social workers, and members of civil society.



The Ministry of Social Development and Human Security (MSHDS)

created a Coordinating and Monitoring of Anti-Trafficking in Persons

Committee (CMP) sub-committee to develop subordinate regulations to

the new TIP Law, essential to its effective implementation. The

sub-committee consists of government officials from relevant

agencies, academics, and representatives from civil society. The

six implementing regulations developed thus far aim to:

-- establish rules regarding the protection and use of documents or

information related to TIP offenses,



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-- 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 of the RTG, provincial

governments, police, NGOs, and others.

-- improve the provision of temporary 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.



According to MSDHS, in September 2005, the RTG allocated 100 million

baht (USD 2.85 million) to government activities to combat human

trafficking. From September 2005 to January 2009, 53.68 million

baht (USD 1.54 million) had been disbursed. Of the 53.68 million

baht, 47.76 million baht (89 percent) was used for 21 investigation

and interrogation activities, 60 trainings, and 8 awareness raising

campaigns. Another 5.03 million baht was provided to trafficking

victims and 0.8 million baht was used for the rescue and

repatriation of trafficking victims abroad. In 2008, 3.11 million

baht (88,857 USD) was used for both investigation and interrogation

activities (2 million baht) and for distribution to 124 trafficked

victims (1.1 million baht).



-- B. WHICH GOVERNMENT AGENCIES ARE INVOLVED IN ANTI-TRAFFICKING

EFFORTS AND WHICH AGENCY, IF ANY, HAS THE LEAD?



The new TIP law stipulated the RTG must establish an

Anti-Trafficking in Persons Committee (ATP) chaired by the Prime

Minister and a Coordinating and Monitoring of Anti-Trafficking in

Persons Committee (CMP) chaired by a Deputy Prime Minister.

According to MSDHS, the RTG has set-up the two committees but, due

to Thailand's political turmoil in 2008, the committees' first

meetings were delayed. The first meeting of the ATP took place on

February 23, 2009.



The government agency responsible for coordinating the RTG's

anti-TIP work is the Ministry of Social Development and Human

Security (MSDHS). Other RTG entities involved include the Ministry

of Labor (MOL),the Ministry of Tourism and Sports, the Ministry of

Interior, the Ministry of Foreign Affairs, the Ministry of Justice,

the Ministry of Education, the Bureau of University Affairs, the

Ministry of Public Health, the Ministry of Industry, the Ministry of

Agriculture and Agricultural Cooperatives, the Attorney General's

office, the Royal Thai Police (RTP),the Department of Special

Investigation (DSI),the Office of the National Human Rights

Commission, and the Office of the Prime Minister.



Different agencies take the lead on different aspects of anti-TIP

work, depending on the nature of the activities involved. With

regard to investigation and prosecution, the Children and Women

Protection Division (CWD) of the Royal Thai Police (RTP) was

established in July 2005 as a specialized division for investigating

crimes involving children, juveniles, women, and laborers.

According to the MFA, in 2008, the Transnational Crime Coordination

Center (TCCC) was set up in the Royal Thai Police to be a

specialized unit responsible for collecting and analyzing

information, strategic planning, and coordinating work on eleven

types of transnational crimes (including human trafficking). The

Department of Special Investigations (DSI) also designated five

officers to work specifically on human trafficking. Likewise, the

Immigration Police Office designated officers in each province to

work with the MOL's Department of Employment to identify potential

victims and to provide them assistance with the support from MSDHS.



MSDHS' National Operation Center on Prevention and Suppression of

Human Trafficking (NOCHT) is a focal point to coordinate prevention

and suppression of TIP with relevant RTG agencies. This office, led

by the Deputy Permanent Secretary of MSDHS, is also assigned to be

the secretariat of the two national-level TIP committees (ATP and

CMP). At the provincial level, 75 Provincial Operation Centers on



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Prevention and Suppression of Human Trafficking (POCHT) have been

formed, reporting to a central coordinating committee. MSDHS'

Bureau of Anti-Trafficking in Woman and Children (BATWC) is

responsible for providing general assistance, shelter, and

protection to victims of human trafficking. MSDHS is also

responsible for training the RTG's multi-disciplinary teams as well

as awareness raising campaigns nationwide to prevent human

trafficking.



-- C. WHAT ARE THE LIMITATIONS ON THE GOVERNMENT'S ABILITY TO

ADDRESS THIS PROBLEM IN PRACTICE? FOR EXAMPLE, IS FUNDING FOR

POLICE OR OTHER INSTITUTIONS INADEQUATE? IS OVERALL CORRUPTION A

PROBLEM? DOES THE GOVERNMENT LACK THE RESOURCES TO AID VICTIMS?



Thailand is a migration hub in Southeast Asia with a relatively

prosperous economy that attracts migrants from neighboring countries

who flee conditions of poverty and, in the case of Burma, political

and military repression as well. TIP-related transnational

organized crime has been facilitated by modern communications

technology and transportation links, allowing traffickers to take

advantage of income inequalities within Thailand and between

countries.



In Thailand, there were additional factors contributing to human

trafficking, including a lack of educational opportunities and

occupational training for migrants, budgetary shortfalls affecting

the provision of social services, strong demand for sexual services

in the tourism and entertainment sectors, and an increasing supply

of migrant laborers. In some sectors, especially domestic services

and fishing or fisheries related industries, employers relied on

migrant workers (registered or otherwise) to fill jobs in which Thai

citizens have shown little interest.



Police operations were limited by poorly centralized data collection

capabilities, limited funds, and a lack of continuity of

investigations due to frequent personnel rotations and turnover.

Similarly, prosecutors' offices are understaffed and lack sufficient

resources to effectively see cases through to conclusion. Resources

for protection, both financial and human, within the Ministry of

Labor were also limited. Observers reported that cooperation

between the police and prosecutors to effectively bring TIP cases to

successful prosecution is an area requiring improvement.



-- D. TO WHAT EXTENT DOES THE GOVERNMENT SYSTEMATICALLY MONITOR ITS

ANTI-TRAFFICKING EFFORTS (ON ALL FRONTS -- PROSECUTION, VICTIM

PROTECTION, AND PREVENTION) AND PERIODICALLY MAKE AVAILABLE,

PUBLICLY OR PRIVATELY AND DIRECTLY OR THROUGH REGIONAL/INTERNATIONAL

ORGANIZATIONS, ITS ASSESSMENTS OF THESE ANTI-TRAFFICKING EFFORTS?



According to section 16(5) of the 2008 Anti-Trafficking in Persons

Act, the ATP must direct and supervise the arrangement of study or

research projects and the development of an integrated database

system to benefit the prevention and suppression of trafficking in

persons. Section 40 of the Act stipulates that MSDHS shall prepare

an annual report regarding Thailand's TIP situation, including

guidelines for future activities.



Since 2007, the Thai government has increased its efforts to report

regularly on its anti-trafficking efforts in publications,

international forums and seminars. A website,

www.humantrafficking.go.th/en_index.php, is run by MHDHS and

includes news on government and NGOs activities as well as media

report on human trafficking. The Centre Against International Human

Trafficking in the Office of Attorney General (OAG) has been, since

mid-2008, developing a system to monitor the prosecution of human

trafficking cases on which it works. The system, however, is not

yet operational.



The RTG participated in research and monitoring programs run by

organizations such as the United Nations Inter-Agency Project on

Human Trafficking (UNIAP),the International Labor Organization's

International Program to Eliminate Child Labor (ILO-IPEC),the

International Organization for Migration (IOM),and the UN Office on



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Drugs and Crime (UNODC).



III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS:



-- A. EXISTING LAWS AGAINST TIP: DOES THE COUNTRY HAVE A LAW OR LAWS

SPECIFICALLY PROHIBITING TRAFFICKING IN PERSONS -- BOTH FOR SEXUAL

EXPLOITATION AND LABOR? IF SO, PLEASE SPECIFICALLY CITE THE NAME OF

THE LAW(S) AND ITS DATE OF ENACTMENT AND PROVIDE THE EXACT LANGUAGE

[ACTUAL COPIES PREFERABLE] OF THE TIP PROVISIONS. PLEASE PROVIDE A

FULL INVENTORY OF TRAFFICKING LAWS, INCLUDING NON-CRIMINAL STATUTES

THAT ALLOW FOR CIVIL PENALTIES AGAINST ALLEGED TRAFFICKING CRIMES

(E.G., CIVIL FORFEITURE LAWS AND LAWS AGAINST ILLEGAL DEBT). DOES

THE LAW(S) COVER BOTH INTERNAL AND TRANSNATIONAL FORMS OF

TRAFFICKING? IF NOT, UNDER WHAT OTHER LAWS CAN TRAFFICKERS BE

PROSECUTED? FOR EXAMPLE, ARE THERE LAWS AGAINST SLAVERY OR THE

EXPLOITATION OF PROSTITUTION BY MEANS OF FORCE, FRAUD, OR COERCION?

ARE THESE OTHER LAWS BEING USED IN TRAFFICKING CASES?



Thailand passed a comprehensive new anti-TIP law in 2007 that came

into force on June 5, 2008 (ref D). Thailand's full complement of

laws regarding TIP follows:



Prevention and Suppression of Trafficking Act (2008)

--------------

-- This comprehensive anti-trafficking law replaced the 1997

Prevention and Suppression of Woman and Children Trafficking Law.

The new law allows for men to be classified as TIP victims (and

entitled to relevant legal protections) as well as women and

children, and covers both internal and external (transnational)

forms of TIP.



-- The forms of trafficking covered by the new law extend to

slavery, forced begging, forced labor and trade in organs, in

addition to those categories previously covered by the 1997 law such

as sexual exploitation, pornography production and distribution, and

other forms of sexual exploitation.



-- Other elements of the law include the imposition of heavier

penalties for all offenders involved in human trafficking; the

ability of victims to claim compensation from the offender for any

damages caused by human trafficking; measures to protect victims and

witnesses during court trials against traffickers; the provision of

shelter and other necessities for TIP victims, including physical,

psycho-social, legal, educational, and health care assistance; and

protection for victims and their immediate families within and

outside the country to ensure their security and well being.



-- The Act stipulates that a fund for protection and suppression of

human trafficking shall be established to (a) provide assistance and

welfare protection to trafficked victims, (b) support suppression

and prevention of human trafficking, and (c) assist trafficked

victims to return to their place of residence. The fund shall draw

upon annual budgetary support from the government, funding from

intergovernmental and international organizations, donations from

the private sector and confiscated assets of trafficking offenders.



Criminal Code (1956)

--------------

-- Defines punishment for a person who procures, lures, detains,

traffics, distributes, or transports aQan or woman for an indecent

sexual purpose, with or without his or her consent. It also defines

punishment for a pimp, a trafficker for labor exploitation, and

human smuggler.



Immigration Act (1979)

--------------

--Provides that foreigners who do not enter into Thailand through an

immigration checkpoint with a valid passport and visa (in cases in

which a visa is required) or other legal documents are considered

illegal immigrants. Personnel at immigration checkpoints can

prohibit any person from entering Thailand if it is suspected that

he/she is involved in prostitution, the trading of women, children,

drug smuggling, or other types of smuggling.



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Prevention and Suppression of Prostitution Act (1996)

--------------

-- Prohibits all forms of prostitution and provides specific

penalties for cases involving children under the age of 18. Fines

and terms of imprisonment under the Act are based on the age of the

child involved, with more severe terms established for prostitution

involving younger children. Penalties are imposed for those

involved in child prostitution including customers, procurers,

brothel owners, and those who force children into prostitution,

including parents.



Criminal Code Amendment (no.14) (1997)

--------------

-- Imposes strong penalties on persons who sexually exploit women

and children (both boys and girls) under 18 years old. It also

penalizes violators who sell children to be beggars or to

establishments which employ labor in a "cruel or hazardous fashion."

It defines punishments for pimping, trafficking for labor

exploitation, and human smuggling. The law, however, does not cover

adult males.



Labor Protection Act (1998)

--------------

-- Protects child employees (under 18 years old) against the worst

forms of child labor by imposing penalties on those hire children

under 15 years old and those who employed children between 15-18

years old in hazardous work or without appropriate rest periods. In

addition, the law also imposes penalties on employers of child labor

who fail to notify labor inspectors regarding their employment of

young workers.



Money Laundering Control Act (1999)

--------------

-- Provides for the seizure of assets of persons who exploit

children in the (illegal) commercial sex and narcotics industries.

The Act also defines "predicate offense" to include any activities

relating to (i) procuring, seducing or transporting for an indecent

act a woman or child for sexual gratification of others; (ii)

transporting a child and a minor; (iii) seducing or transporting

such persons for prostitution, an offense while acting as an owner,

supervisor or manager of a prostitution business or establishment or

being a controller of prostitutes in a prostitution establishment.



Criminal Procedure Amendment Act (No. 20) (1999)

--------------

-- Revises the Criminal Procedure Code to protect children from

traumatic stress resulting from interviews, inquiries and the court

trial process. In its revised form, the law requires that there be

a social worker, a psychologist, an attorney, or a person requested

by the child during investigation and trial. Further, videotape

recording shall be used to take the statement of the child victim or

witness in order to prevent the child from repeated traumatic

interviews. It also allows a child to give testimony before the

offender or his peers have a chance to contact the child or the

child's family for the purpose of bribery or intimidation.



The Compulsory Education Act (2002)

--------------

-- States that education is compulsory for nine years (from grade

one until grade nine or from seven years old to sixteen years old).

Parents who neglect to send their children to school shall be

subjected to a fine of 1,000 baht (USD 29).



Child Protection Act (2003)

--------------

-- Provides for the prohibition and elimination of exploitation of

children in slave-like or bonded conditions, illicit activities,

hazardous and arduous work, prostitution, pornography, or other

similar activities. The Act defines the "child" as a person below

18 years of age, and makes him/her eligible to receive child

protection and welfare assistance. This definition also applies to

children with no legal status in Thai territory. The Act mandates



BANGKOK 00000499 010.4 OF 032





the establishment of a National Child Protection Committee, along

with the Bangkok Metropolitan and other Provincial Protection

Committees, to recommend policies, plans, budgets, measures, to

issue regulations and appoint sub-committees or working groups, and

to promote the social welfare, safety, and protection of children.



The Witness Protection Act (2003)

--------------

-- Provides support to child and adolescent victims who are to be a

witness or an informant in a trafficking or organized crime case.



Criminal Code Amendment Act no.19 (2007)

--------------

-- Extends the coverage of sexual exploitation to both boys and

girls.



The Protection of Victims of Violence in the Family Act (2007)

--------------

-- States that any member of a family, especially children and

women, are protected against all forms of abuse and exploitation.



The Promotion of Child and Youth Development Act (2007)

--------------

--Promotes programs and activities for children and youth to empower

and prevent them from becoming victims of all forms of

exploitation.



The Constitution of the Kingdom of Thailand (2007)

--------------

-- Section 52 provides that children (as well as youth, women, and

members of families) shall have the right to be protected by the

State against violence and unfair treatment and shall also have the

right to receive rehabilitation in the event of such circumstances.

-- Section 84(7) of the Constitution states that the government

should pursue economic policies that protect child and female

laborers.



The Amendment of the Alien Employment Act (2008)

--------------

-- Systematizes workforce participation of migrant workers by

prohibiting an employer from hiring migrant workers who do not have

licenses to work with the employer. An employer who violates this

law shall be subject to a fine of 10,000-100,000 baht (285-2,857

USD) per migrant worker. The Act also states that migrants along

border areas who have travel documents under the Immigration Act

shall be allowed to temporarily work in the area around the border.

In addition, to ensure the safe repatriation of migrant workers, the

Act requires that an employer must make deductions from a migrant

worker's salary to contribute to a repatriation fund. The Act also

calls for an Alien Employment Committee to be set up in order to

develop policies regarding alien employment and monitor the

implementation progress of these policies.



-- B. PUNISHMENT OF SEX TRAFFICKING OFFENSES: WHAT ARE THE

PRESCRIBED AND IMPOSED PENALTIES FOR TRAFFICKING PEOPLE FOR SEXUAL

EXPLOITATION?



The Anti-TIP Act prescribes punishment for labor recruiters, labor

agents and employers if they commit TIP offenses in accordance with

three general elements of TIP, namely: actions, means and purposes

as provided in Section 6 of the Act.



For a trafficker who is an individual person:

- If a trafficking offense is committed against an adult, penalties

are 4-10 years imprisonment and a fine of 80,000 to 200,000 baht

(2,285-5,714 USD).

- If a trafficking offense is committed against a child between 15

to 18 years old, penalties are 6-12 years imprisonment and a fine of

120,000 to 240,000 baht (3,429-6,857 USD).

- If a trafficking offense is committed against a child below 15

years old, penalties are 8-15 years imprisonment and a fine of

160,000 to 300,000 baht (4,571 - 8,571 USD).





BANGKOK 00000499 011.4 OF 032





For a trafficker who/which is incorporated as a business

- a trafficker who/which is incorporated as a business shall be

liable to a fine of 200,000 to 1,000,000 baht (5,714-28,571 USD)

(NOTE: this provision is intended to be in addition to the penalty

on individuals above, not instead of it.

- if an incorporated person/entity commits an offense due to an

order or act of a person (e.g., the entity's Director),or through

this person's negligence, the Director shall be subjected to

penalties between 6-12 years and fine of 120,000-240,000 baht

(3,429-6,857 USD).



Criminal Code Amendment no.14 (1997) makes a distinction between

"voluntary" victims and "involuntary" victims (a "voluntary" victim

is defined as someone who entered his/her situation voluntarily,

despite the illegal exploitation he/she may have endured).



If the victims are voluntary, the Criminal Code prescribes penalties

for human trafficking for sexual exploitation as follows:

-- if victims are over 18 years old, 1-10 years imprisonment and

fines of 2,000-20,000 Baht (57-571 USD);

-- if victims are between 15 and 18 years old, 3-15 years

imprisonment and fines of 6,000-30,000 Baht (171-857 USD);

-- if victims are under 15 years old, 5-20 years imprisonment and

fines of 10,000-40,000 Baht (286-1,143 USD).



If the victims are involuntary, the Criminal Code prescribes

penalties for trafficking people for sexual exploitation as

follows:

-- if victims are over 18 years old, 5-20 years imprisonment and

fines of 10,000-40,000 Baht (286-1,143 USD);

-- if victims are between 15 and 18 years old, 7-20 years

imprisonment and fines of 14,000-40,000 Baht (400-1,143 USD),or

life imprisonment

-- if victims are under 15 years old, 10-20 years imprisonment and

fines of 20,000-40,000 Baht (571-1,143 USD),or life imprisonment.



-- C. PUNISHMENT OF LABOR TRAFFICKING OFFENSES: WHAT ARE THE

PRESCRIBED AND IMPOSED PENALTIES FOR TRAFFICKING FOR LABOR

EXPLOITATION, SUCH AS FORCED OR BONDED LABOR? IF YOUR COUNTRY IS A

SOURCE COUNTRY FOR LABOR MIGRANTS, DO THE GOVERNMENT'S LAWS PROVIDE

FOR CRIMINAL PUNISHMENT -- I.E. JAIL TIME -- FOR LABOR RECRUITERS

WHO ENGAGE IN RECRUITMENT OF WORKERS USING KNOWINGLY FRAUDULENT OR

DECEPTIVE OFFERS WITH THE PURPOSE OF SUBJECTING WORKERS TO

TRAFFICKING IN THE DESTINATION COUNTRY? IF YOUR COUNTRY IS A

DESTINATION FOR LABOR MIGRANTS, ARE THERE LAWS PUNISHING EMPLOYERS

OR LABOR AGENTS WHO CONFISCATE WORKERS' PASSPORTS OR TRAVEL

DOCUMENTS FOR THE PURPOSE OF TRAFFICKING, SWITCH CONTRACTS WITHOUT

THE WORKER'S CONSENT AS A MEANS TO KEEP THE WORKER IN A STATE OF

SERVICE, OR WITHHOLD PAYMENT OF SALARIES AS MEANS OF KEEPING THE

WORKER IN A STATE OF SERVICE?



Various Thai laws impose penalties for different aspects of labor

trafficking offenses:



Anti-Human Trafficking Act (2008)

--------------

The Anti-TIP Act prescribes punishment for labor recruiters, labor

agents and employers if they commit TIP offenses in accordance with

three general elements of TIP, namely: actions, means and purposes

as provided in Section 6 of the Act.



For a trafficker who is an individual person:

- If a trafficking offense is committed against an adult, penalties

are 4-10 years imprisonment and a fine of 80,000 to 200,000 baht

(2,286-5,714 USD).

- If a trafficking offense is committed against a child between 15

to 18 years old, penalties are 6-12 years imprisonment and a fine of

120,000 to 240,000 baht (3,429-6,857 USD).

- If a trafficking offense is committed against a child below 15

years old, penalties are 8-15 years imprisonment and a fine of

160,000 to 300,000 baht (4,571 - 8,571 USD).



For a trafficker who/which is incorporated as a business



BANGKOK 00000499 012.2 OF 032





- a trafficker who/which is incorporated as a business shall be

liable to a fine of 200,000 to 1,000,000 baht (5,714-28,571 USD)

(NOTE: this provision is intended to be in addition to the penalty

on individuals above, not instead of it.

- if an incorporated person/entity commits an offense due to an

order or act of a person (e.g., the entity's Director),or through

this person's negligence, the Director shall be subjected to

penalties between 6-12 years and fine of 120,000-240,000 baht

(3,428-6,857 USD).



Labor Employment Act

--------------

- If an individual lures a victim into work in Thailand (i.e.,

domestically, without crossing borders),the penalties are up to 3

years imprisonment or fines not exceeding 60,000 baht (1,714 USD) or

both.

-If an individual without a license lures a person to work abroad,

the penalties are 3-10 years imprisonment and fines 60,000- 200,000

baht (1,714-5,714 USD).

- If an individual lures a person to work or to be trained abroad

through fraud, the penalties are 3-10 years imprisonment and fines

60,000-200,000 baht (1,714-5,714 USD).



Labor Protection Act

--------------

- Employment of a child below the age of 15 carries a penalty of up

to 1 year imprisonment or fines up to 200,000 baht (USD 5,714) or

both.

- Failure to provide rest periods or forcing a child worker to

perform prohibited tasks results in a 6-month imprisonment or a fine

not exceeding 100,000 (USD 2,857) baht or both.

- Forcing a child to work during prohibited hours carries a penalty

of up to 1 year imprisonment or a fine of up to 200,000 baht (USD

5,714) or both.

- Forcing an adult to work more than 36 hours per week are subjected

to a penalty of not exceeding 6 months imprisonment or fines not

exceeding 100,000 baht (USD 2,857) or both.

- Forcing an adult to work continuously more than 5 hours per day

without at least 1 hour break shall be subjected to fines of not

exceeding 20,000 baht (571 USD).





The Criminal Code Act

--------------

The Criminal Code prescribes criminal penalties for a person who

detains, confines, lures, procures, traffics, or forces an

individual into slave-like situations as follows:



--Section 312:

- if victims are is an adult, an offender will be subjected to the

imprisonment not exceeding 7 years and fines not exceeding 14,000

baht (400 USD);



--Section 312(2):

- if victims are under 15 years old, an offender will be subjected

to 3-10 years imprisonment and fines not exceeding 20,000 baht (571

USD);

-if victims are abused physically or mentally, an offender will be

subjected to 5-15 years imprisonment and fines not exceeding 30,000

baht (857 USD);

-if victims are seriously injured, an offender will be subjected to

Life-time imprisonment or between 7-20 years imprisonment;

-if victims die, an offender will be subject to the death penalty or

life-time imprisonment or between 15-20 years imprisonment.



--Section 312(3):

-A person who receives, distributes, procures, lures or transports a

person 15-18 years old, shall be subjected to not exceeding 5 years

imprisonment or fines of not exceeding 10,000 baht (285 USD) or

both.

- A person who receives, distributes, procures, lures or transports

a person under 15 years old, shall be subjected to not exceeding 7

years imprisonment or fines of not exceeding 14,000 baht (400 USD)



BANGKOK 00000499 013.2 OF 032





or both.



-- D. WHAT ARE THE PRESCRIBED PENALTIES FOR RAPE OR FORCIBLE SEXUAL

ASSAULT?



In 2008, the RTG imposed stronger penalties on those who commit rape

or forcible sexual assault through the amended criminal code as

follows:



Criminal Code Amendment (no.19) (2008)

--------------

--Section 276 (amendment no.19, 2008):

-In the case of forced rape or forcible sexual exploitation, between

4-20 years imprisonment or fines between 8,000-40,000 baht

(229-1,143 USD). If an offender uses a weapon or is involved in a

group rape, between 15-20 years imprisonment and fines between

30,000-40,000 baht (857-1,143 USD),or life imprisonment.



--Section 277 (amendment no.19, 2008):

In the case of sexual exploitation:

-If the victims are under 13 years old, penalties are 7-20 years

imprisonment, and fines between 14,000-40,000 Baht (400-1,143 USD)

or life imprisonment.

-If the victims are under 15 years old, penalties are 4-20 years

imprisonment, and fines between 8,000-40,000 Baht (228-1,143 USD).

-If an offender uses a weapon or is involved in a group rape, life

imprisonment.



--If an offender who commits a crime under section 276 and 277 and

causes a victim to be seriously injured, the offender shall be

subjected to 15-20 years imprisonment and fines between

30,000-40,000 baht (857-1,143 USD) or life imprisonment.



--If an offender commits a crime under section 276 and 277 and

causes a victim to die, the offender shall be subjected to the death

penalty or life imprisonment.



--If an offender commits a crime under section 276 and 277 and uses

a weapon or is involved in a group rape that causes a victim to be

seriously injured, the offender shall be subjected to the death

penalty or life imprisonment.



--If an offender commits a crime under section 276 and 277 and uses

a weapon or is involved in a group rape that causes a victim to die,

the offender shall be subjected to the death penalty.



Prevention and Suppression of Prostitution Act (1996)

-------------- -

If a person detains, confines, threatens, forces, tortures or rapes

others into prostitution, the penalties are 10-20 years imprisonment

and fines of 200,000-400,000 baht (5,714-11,429 USD). The law also

provides for offenders to receive a life sentence if responsible for

serious injury to prostitutes and the death penalty if prostitutes

are killed. The law also punishes those who assist an offender who

harms a prostitute.



-- E. LAW ENFORCEMENT STATISTICS: DID THE GOVERNMENT PROSECUTE ANY

CASES AGAINST HUMAN TRAFFICKING OFFENDERS DURING THE REPORTING

PERIOD? IF SO, PROVIDE NUMBERS OF INVESTIGATIONS, PROSECUTIONS,

CONVICTIONS, AND SENTENCES IMPOSED, INCLUDING DETAILS ON PLEA

BARGAINS AND FINES, IF RELEVANT AND AVAILABLE. PLEASE NOTE THE

NUMBER OF CONVICTED TRAFFICKERS WHO RECEIVED SUSPENDED SENTENCES AND

THE NUMBER WHO RECEIVED ONLY A FINE AS PUNISHMENT. PLEASE INDICATE

WHICH LAWS WERE USED TO INVESTIGATE, PROSECUTE, CONVICT, AND

SENTENCE TRAFFICKERS. ALSO, IF POSSIBLE, PLEASE DISAGGREGATE

NUMBERS OF CASES BY TYPE OF TIP (LABOR VS. COMMERCIAL SEXUAL

EXPLOITATION) AND VICTIMS (CHILDREN UNDER 18 YEARS OF AGE VS.

ADULTS). IF IN A LABOR SOURCE COUNTRY, DID THE GOVERNMENT

CRIMINALLY PROSECUTE LABOR RECRUITERS WHO RECRUIT WORKERS USING

KNOWINGLY FRAUDULENT OR DECEPTIVE OFFERS OR BY IMPOSING FEES OR

COMMISSIONS FOR THE PURPOSE OF SUBJECTING THE WORKER TO DEBT

BONDAGE? DID THE GOVERNMENT IN A LABOR DESTINATION COUNTRY

CRIMINALLY PROSECUTE EMPLOYERS OR LABOR AGENTS WHO CONFISCATE



BANGKOK 00000499 014.2 OF 032





WORKERS' PASSPORTS/TRAVEL DOCUMENTS FOR THE PURPOSE OF TRAFFICKING,

SWITCH CONTRACTS OR TERMS OF EMPLOYMENT WITHOUT THE WORKER'S CONSENT

TO KEEP WORKERS IN A STATE OF SERVICE, USE PHYSICAL OR SEXUAL ABUSE

OR THE THREAT OF SUCH ABUSE TO KEEP WORKERS IN A STATE OF SERVICE,

OR WITHHOLD PAYMENT OF SALARIES AS A MEANS TO KEEP WORKERS IN A

STATE OF SERVICE? WHAT WERE THE ACTUAL PUNISHMENTS IMPOSED ON

PERSONS CONVICTED OF THESE OFFENSES? ARE THE TRAFFICKERS SERVING

THE TIME SENTENCED? IF NOT, WHY NOT?



The Thai Royal Police's Children and Women Protection Division (CWD)

reported that CWD alone (not including other police divisions)

investigated 54 offenders of human trafficking cases, involving 82

TIP victims. Out of the 54 offenders, 34, 12 and 8 were charged for

forced prostitution, procurement for the purpose of prostitution,

and forced child labor respectively. Statistics by type of crime and

nationality (when available) are as follows:



Number of TIP investigations by CWD (Jan-Dec 2008)

(Unit: Number of Persons)

Number of offenders Number of victims

-------------- --------------

Forced prostitution 34 19

(33 Thai,1 Lao) (17 Thai,2 Lao)



Procuring for prostitution 12 29



Forced child labor 8 34

(3 Thai, 5 Burm.)(2 Thai, 28 Burmese, 4 Lao)



Total 54 82

(36 Thai, 1 Lao, 5 Burm.) (19 Thai, 6 Lao, 28 Burm.)

(Source: Children and Women Protection Division (CWD))



Instances of major TIP cases prosecuted (both open and complete) in

2008, as well as details of other well-known cases with new

information during 2008, follow:



On March 10, 2008, the immigration police, NGOs and social workers

conducted a raid in a shrimp peeling factory, "Anoma." Out of 316

workers, 73 were identified as victims of trafficking. On September

18, 2008, the Ministry of Labor's Department of Labor Protection and

Welfare (DLPW) ordered the employers to provide compensation to

victims for unpaid wages, over time and holiday payments within 30

days. When the factory owner failed to comply, DLPW prepared civil

charges to bring before the courts. The police filed criminal

charges against six offenders (the factory owner and her brother, as

well as four Burmese labor brokers) with the Office of the Attorney

General on August 19, 2008. A preliminary hearing was conducted on

October 13, 2008. The defendants and victims provided statements to

the court in February 2009. The offenders are charged with forcing

people into a slave-like situation; procuring, transporting and

detaining a person; and assisting the smuggling of migrants into

Thailand illegally (under the Criminal Code Act, Immigration Act,

Alien Employment Act, Labor Protection Act, and the Prevention and

Suppression of Trafficking in Women and Children Act).



Chamroen Intrasombat, 41 years old from Udonthani, was arrested in

April 2008 for allegedly kidnapping a 10 year-old boy to sell

handicraft products to train passengers. The boy said he went with

Mr. Chamroen because he promised to buy him a toy gun. Mr. Chamroen,

who had been prosecuted three times on abduction charges, had been

released from jail in February 2007 after serving 4 years and 4

months for kidnapping children.



In June 2008, a criminal court sentenced a 63 year-old woman, Ms.

Jomsri Srisam-aung, to 14 years in prison for trafficking two young

women (in their 20s and 30s) to Italy for prostitution. The two

women were lured from their home town in northeast Thailand with the

promise of work in Ms. Jomsri's daughter's restaurant in Italy.

However, when they arrived in Italy, they were told no jobs existed

and they were forced to work as prostitutes. The women were later

rescued by Italian police and sent home in 2006.





BANGKOK 00000499 015.2 OF 032





On June 26, 2008, a female Thai labor broker, Ms. Luck Petchumpol,

was sentenced by the Bangkok Criminal Court to 94 years and 90

months imprisonment under the Thai Penal Code and the Prevention and

Suppression of Prostitution Act. The maximum imprisonment was later

reduced to 50 years imprisonment. Ms. Petchumpol was charged with

taking minors (ages eleven and fourteen) away from their parents

without permission for the purpose of sexual exploitation. An

American citizen, to whom the children were provided, was also

sentenced to 16 years for offenses related to sexual intercourse and

indecent acts with children, but was released on bond pending

appeal.



The Children and Women Protection Division (CWD) arrested a Burmese

woman on July 14, 2008 on charges of child exploitation and human

trafficking. The victim, a 16 year-old Burmese girl, was forced to

sell flowers at night in Bangkok since she was 10 years old. The

victim reported being beaten if she did not earn enough money.



On July 30 2008, a task force composed of police, social welfare

officers, and an NGO official rescued 10 girls and women from the

"Ice Karaoke" bar in Payao province. The team identified 6 victims

of trafficking among them, from 14-18 years old (one 14, one 15,

three 17, and one 18 years old). The victims remain in a government

welfare shelter. Criminal proceedings are underway against two

individuals, the owner of the establishment and an individual

charged with procuring for purposes of prostitution. Prosecutors

are also seeking damages in the amount of 100,000 baht (2,857 USD)

per victim.



On September 14, 2006, police raided the "Ranya Paew" shrimp

processing factory in Samut Sakhon after being tipped off by local

labor activists. Police identified 66 victims of trafficking in the

factory. Victims (mostly Burmese) lived in squalid conditions where

they were forced to work, beaten, and unable to leave. After being

rescued, all 66 victims (63 female and 3 male) were sent to MSDHS

shelters. Out of 66 victims, 4 were family members who were allowed

to live together in one of the shelters. In October 2008, a Thai

labor court awarded 3,600,000 Baht (USD 102,857) in compensation to

the 66 victims and the RTG helped pay the plaintiffs' attorney fees.

The police interviewed 66 victims between December 2006-March 2008

and other witnesses before filing with prosecutors, in July 2008,

criminal charges against three factory owners for (1) detaining or

confining workers (2) putting workers into slavery situations, (3)

receiving, distributing, procuring, or luring workers, and (4)

conspiring with more than 2 people to commit crimes against women

and children. The public prosecutor requested that the court allow

for pre-trial witness statements from 23 victims, while 43 victims

were sent back to Burma on October 16, 2008. To repatriate these 43

victims, the RTG coordinated with the Burmese government. The

repatriated victims were reportedly sent to the Mao Lum Yai shelter

in Burma where they stayed for 11 days before returning to their

homes. The 23 victims who volunteered to provide pre-trial

statements were repatriated on December 3, 2008 through a process

that involved NGOs and international organizations.



A fleet of six fishing vessels (called "Prapha Navee") returned to a

Thai port in July 2006, and reported 39 deaths among their

crewmembers of over 100. Survivors testified that the cause of

death was starvation and malnutrition due to the failure of the

fleet captains to provide food, and that the bodies of the 39

deceased were thrown overboard. In September 2008, a Labor Court

ordered 38 surviving crew members receive 3.8 million baht (108,571

USD) in back wages; the decision is under appeal. Meanwhile, new

police investigators have reportedly taken over the case as the

original criminal investigation stalled. To date, no arrests have

been made.



Christopher Paul Neil, a Canadian who was serving 3 years and 3

months in prison for sexually abusing a 13-year-old boy, was

sentenced November 14, 2008 to 9 years in prison on 3 additional

charges of abusing a 9 year-old-boy. The court ordered Neil to pay

50,000 baht (1,429 USD) compensation to the boy's family.





BANGKOK 00000499 016.2 OF 032





-- F. DOES THE GOVERNMENT PROVIDE ANY SPECIALIZED TRAINING FOR

GOVERNMENT OFFICIALS IN HOW TO RECOGNIZE, INVESTIGATE, AND PROSECUTE

INSTANCES OF TRAFFICKING? SPECIFY WHETHER NGOS, INTERNATIONAL

ORGANIZATIONS, AND/OR THE USG PROVIDE SPECIALIZED TRAINING FOR HOST

GOVERNMENT OFFICIALS.



In 2008, the RTG developed "Guidelines on Trafficked Victim

Identification" for use by police officers, immigration officers,

social workers and members of civil society to better identify

potential trafficking victims under Thailand's new TIP law. The

guidelines, in the form of a questionnaire to be used while

interviewing a potential victim during or after an anti-TIP

operation, provide a framework for interviewing officials to have a

clearer understanding of what defines a TIP victim. The guidelines

state that a person can be a victim of trafficking even if he/she

originally participated voluntarily in the activity in question and

regardless of one's immigration or worker registration status. They

also explain that debt bondage is considered a type of human

trafficking, and instruct that various types of supporting evidence

should be considered when identifying trafficking victims (i.e.,

evidence of physical abuse or psychological trauma, etc).



In addition, the Ministry of Labor (MOL),working with other

concerned ministries, developed "Operational Guidelines for Labor

Trafficking," formally agreed upon in April 2008. The guidelines

were established to improve coordination among members of

multi-disciplinary teams, consisting of both government and

non-government officials, during labor trafficking operations (i.e.,

rescue and protection). MOL contacts report that trainings on these

guidelines are being planned for officials within the ministry.



In light of the 2008 Anti-TIP laws and Guidelines on Trafficked

Victim Identification, the RTG conducted the following

anti-trafficking workshops and training sessions in 2008:



-- The Royal Thai Police and MSDHS co-conducted numerous one-day

trainings for police officers that focused on the Anti-TIP law and

victim identification process. MSDHS reported that 2,500 police

received training in FY 2008 and that an additional 2,500 would be

reached in FY 2009.



-- The Office of Welfare Promotion, Protection, and Empowerment of

Vulnerable Groups (OPP) under the Ministry of Social Development and

Human Security (MSDHS) organized two "National Trainings on Human

Trafficking" for approximately 80 frontline officers (members of

multidisciplinary teams, both governmental and civil society

members) in September 2008, to provide a better understanding on the

new anti-TIP law and related procedures. These trainings, part of

which Embassy officials attended, spanned three to five days with

the goal of developing lasting relationships among attendees to

improve their coordination efforts. From 2006 to June 2008 when the

new anti -TIP law came into force, MSDHS trained an additional 706

individuals on victim protection and assistance.



-- In 2008, the Center Against International Human Trafficking

(CAHT) of the Office of the Attorney General organized 10 workshops

for prosecutors nationwide, including 550 participants, on effective

prosecution of TIP cases. An Embassy-based prosecutor specializing

in TIP cases participated in 4 of these workshops.



-- The Ministry of Justice's Rights and Liberties Protection

Department trained approximately 25 victim/witness specialists, with

assistance from the Embassy. The one-day training course focused on

how to more effectively involve victims and witnesses of TIP cases

in the criminal justice process.



--MSDHS organized 3-day training courses for approximately 350

social workers who work at victim shelters.



--G. DOES THE GOVERNMENT COOPERATE WITH OTHER GOVERNMENTS IN THE

INVESTIGATION AND PROSECUTION OF TRAFFICKING CASES? IF POSSIBLE,

PROVIDE THE NUMBER OF COOPERATIVE INTERNATIONAL INVESTIGATIONS ON

TRAFFICKING DURING THE REPORTING PERIOD.



BANGKOK 00000499 017.2 OF 032







The Thai government has strengthened cooperation against TIP through

bilateral and multilateral agreements among the countries in the

Greater Mekong Sub-region (GMS),as follows:



-- Cambodia: the MOU between Thailand and Cambodia on Bilateral

Cooperation for Eliminating Trafficking in Children and Women and

Assisting Victim of Trafficking, was signed on May 31, 2003. This

MOU covers cooperation in 3 areas: 1) return and reintegration, 2)

prosecution process guidelines and 3) information sharing.



-- GMS: the MOU on Coordinated Mekong Ministerial Initiative against

Trafficking (COMMIT) was signed on October 29, 2004. This joint

declaration among six Mekong sub-region countries affirms a

political commitment to eradicating all forms of TIP in the Greater

Mekong sub region. Member countries reviewed the achievements of the

first Sub-regional Plan of Action (SPA) in 2005- 2007 and endorsed

the Second SPA 2008-2010 focusing on 7 areas: 1) Training and

Capacity Building, 2) National Plans of Action, 3) Multilateral and

Bilateral Partnerships, 4) Legal Frameworks, Law Enforcement, and

Justice, 5) Victim Identification, Protection, Recovery and

Reintegration, 6) Preventive Measures, and 9) Cooperation with the

Tourism Sector. In November 5-6 2008 COMMIT meetings, COMMIT

countries agreed to invite Malaysia to join the Initiative.



-- Laos: the MOU between Thailand and Laos on Cooperation to Combat

Trafficking in Persons, Especially Women and Children, was signed on

July 31, 2005. On February 6-8, 2006, Laos and Thailand endorsed

the Bilateral Action Plan and Guidelines on Procedures of Victim

Return and Victim Rehabilitation, Especially Women and Children.



-- Vietnam: the MOU between Thailand and Vietnam on Cooperation to

Combat Trafficking in Persons was signed on March 24, 2008. The

Prime Ministers of both countries signed an agreement regarding

future cooperation between Vietnam and Thailand in the fight against

human trafficking, especially of women and children. In September

2008, a bilateral meeting to develop a joint action plan took place.

The plan developed includes: (i) setting up a bilateral working

group to combat human trafficking, (ii) assessing the bilateral

human trafficking situation and providing recommendations for

preventive measures, (iii) collaborating on the provision of

protection and repatriation of TIP victims, and (iv) coordinating on

prevention measures as well as prosecution and investigation through

the sharing and exchange of information and experience.



-- Burma: In April 2008, the RTG and Burmese government agreed on a

draft MOU on Cooperation to Combat Trafficking in Persons. The draft

MOU covers prevention, protection, prosecution, repatriation, and

collaboration. The draft MOU is reportedly being reviewed by the

Burmese Ministry of Foreign Affairs. While the MOU was not yet in

effect, the Thai government worked closely with the Burmese

government in 2008 to repatriate the 66 TIP victims from the Ranya

Paew case.



-- Malaysia: The RTG proposed in July 2007 that Thailand and

Malaysia sign a MOU on Cooperation to Combat Trafficking in Persons.

The RTG sent a draft MOU to the Malaysian government for

consideration, although there was reportedly no progress in this

area. Nonetheless, after Thailand's new anti-TIP law came into

force in June 2008, Malaysian police and Thai CWD police jointly

participated in two trainings on TIP laws during 2008.



-- Australia: MSDHS and the Australian Federal Police (AFP) are

reportedly developing a draft MOU on cooperation on the repatriation

of trafficked victims and dissemination of information to the

public. In addition, on July 4, 2008, the RTG signed an MOU with the

Asia Regional Trafficking in Persons Project (ARTIP),funded by the

Australian government, to support law enforcement and capacity

building on investigatory and prosecution processes.



Moreover, CWD officers collaborated in the investigation and

prosecution of human trafficking cases with their counterparts in

countries such as England, Australia, Germany, Belgium, Cambodia,



BANGKOK 00000499 018.2 OF 032





Burma, Malaysia, Indonesia, and Sweden.



-- H. DOES THE GOVERNMENT EXTRADITE PERSONS WHO ARE PERSONS CHARGED

WITH TRAFFICKING IN OTHER COUNTRIES? IF SO, PLEASE PROVIDE THE

NUMBER OF TRAFFICKERS EXTRADITED DURING THE REPORTING PERIOD, AND

THE NUMBER OF TRAFFICKING EXTRADITIONS PENDING. IN PARTICULAR,

PLEASE REPORT ON ANY PENDING OR CONCLUDED EXTRADITIONS OF

TRAFFICKING OFFENDERS TO THE UNITED STATES.



According to the RTG, in 2008, the Office of the Attorney General

(OAG) dealt with 5 requests for mutual legal assistance and 1

request for TIP-related extradition. The extradition case remains

under consideration.



-Q. IS THERE EVIDENCE OF GOVERNMENT INVOLVEMENT IN OR TOLERANCE OF

TRAFFICKING, ON A LOCAL OR INQTUTIONAL LEVEL? IF SO, PLEASE

EXPLAIN IN DETAIL.



TherQs no evidence of government involvement in or tolerance of

trafficking on an institutional level. Post has received some

information on allegations that one to two local government

officials were individually involved in a transnational human

trafficking case. A UN agency that received at least some of this

information deemed it too preliminary and incomplete to raise with

the RTG. Some observers suspected corruption at the local-level,

but credible and detailed information has not been forthcoming.



-- J. IF GOVERNMENT OFFICIALS ARE INVOLVED IN TRAFFICKING, WHAT

STEPS HAS THE GOVERNMENT TAKEN TO END SUCH PARTICIPATION? PLEASE

INDICATE THE NUMBER OF GOVERNMENT OFFICIALS INVESTIGATED AND

PROSECUTED FOR INVOLVEMENT IN TRAFFICKING OR TRAFFICKING-RELATED

CORRUPTION DURING THE REPORTING PERIOD. HAVE ANY BEEN CONVICTED?

WHAT SENTENCE(S) WAS IMPOSED? PLEASE SPECIFY IF OFFICIALS RECEIVED

SUSPENDED SENTENCES, OR WERE GIVEN A FINE, FIRED, OR REASSIGNED TO

ANOTHER POSITION WITHIN THE GOVERNMENT AS PUNISHMENT. PLEASE

INDICATE THE NUMBER OF CONVICTED OFFICIALS THAT RECEIVED SUSPENDED

SENTENCES OR RECEIVED ONLY A FINE AS PUNISHMENT.



According to section 12 of the 2008 Anti-TIP law, government

officials who are involved in or commit crimes under the Act shall

be subjected to double the punishment stipulated for such offense.

Post was not aware of government officials investigated or

prosecuted for involvement in trafficking or trafficking-related

corruption during the reporting period.



-- K. IS PROSTITUTION LEGALIZED OR DECRIMINALIZED? SPECIFICALLY, ARE

THE ACTIVITIES OF THE PROSTITUTE CRIMINALIZED? ARE THE ACTIVITIES

OF THE BROTHEL OWNER/OPERATOR, CLIENTS, PIMPS, AND ENFORCERS

CRIMINALIZED? ARE THESE LAWS ENFORCED? IF PROSTITUTION IS LEGAL

AND REGULATED, WHAT IS THE LEGAL MINIMUM AGE FOR THIS ACTIVITY?

NOTE THAT IN COUNTRIES WITH FEDERALIST SYSTEMS, PROSTITUTION LAWS

MAY BE UNDER STATE OR LOCAL JURISDICTION AND MAY DIFFER AMONG

JURISDICTIONS.



In Thailand, prostitution is illegal under the "Prevention and

Suppression of Prostitution Act of 1996." This Act outlaws the

receipt, procurement, or owning of a venue for the purposes of,

prostitution. The activities of a prostitute are criminalized in

certain circumstances, but not in cases when a prostitute is forced

or influenced in a way that makes her/him unable to refuse.

However, these provisions are not strictly enforced. The penalties

as listed in the "Prevention and Suppression of Prostitution Act of

1996" follow:



-- Prostitutes

- If a person who, for the purpose of prostitution, solicits,

induces, introduces herself or himself to, follows or importunes a

person in a street, public place or any other place, which is

committed openly and shamelessly or causes nuisance to the public,

he/she shall be liable to a fine not exceeding 1,000 Baht (29 USD).

- If a person associates with another person in a prostitution

establishment for the purpose of prostitution of oneself or another

person, he/she shall be liable to up to 1 month imprisonment and



BANGKOK 00000499 019.2 OF 032





fines not exceeding 1,000 Baht (29 USD),or both.

-- Customers

-If prostitutes are between 15 - 18 years old, penalties are 1-3

years imprisonment and fines between 20,000-60,000 baht (571-1,714

USD).

-If prostitutes are under 15 years old, penalties are 2-6 years

imprisonment and fines between 40,000-100,000 baht (1,143-2,857

USD).



-- Procurers

-If prostitutes are over 18 years old, penalties are 1-10 years

imprisonment and fines between 20,000-200,000 Baht (571-5,714 USD).



-If prostitutes are 15-18 years old, penalties are 5-15 years

imprisonment and fines between 100,000-300,000 Baht (2,857-8,571

USD).

-If prostitutes are under 15 years old, penalties are 10-20 years

imprisonment and fines between 200,000-400,000 Baht (5,714-11,429

USD).



-- Venue Owners

-If prostitutes are over 18 years old, penalties are 3-15 years

imprisonment and fines between 60,000-300,000 baht (1,714-8,571

USD).

-If prostitutes are 15-18 years old, penalties are 5-15 years

imprisonment and fines between 100,000-300,000 baht (2,857-8,571

USD).

-If prostitutes are under 15 years old, penalties are 10-20 years

imprisonment and fines between 200,000-400,000 baht (5,714-11,429

USD).



-- Parents (if complicit in "selling" a minor)

-For prostitutes under 18 years old, penalties are 4-20 years

imprisonment and fines between 80,000-400,000 baht (2,286-11,429

USD).



If a person detains, confines, threatens, forces, tortures or rapes

others into prostitution, the penalties are 10-20 years imprisonment

and fines of 200,000-400,000 baht (5,714-11,429 USD). The law also

provides for offenders to receive a life sentence if responsible for

serious injury to prostitutes and the death penalty if prostitutes

are killed. The law also punishes those who assist an offender who

harms a prostitute. If offenders are government officials, the

penalties are 15-20 years imprisonment and fines between

300,000-400,000 baht (8,571-11,429 USD).



According to the RTG's National Statistics Office, the Ministry of

Justice reported that 514 cases were prosecuted under the Prevention

and Suppression of Prostitution Act of 1996 in the Criminal, Appeal

and Supreme Courts. Statistics are as follows:



Criminal Court Appeals Court Supreme Court

-------------- -------------- --------------

2006 12 54 353

2007 17 72 425



-- L. FOR COUNTRIES THAT CONTRIBUTE TROOPS TO INTERNATIONAL

PEACEKEEPING EFFORTS, PLEASE INDICATE WHETHER THE GOVERNMENT

VIGOROUSLY INVESTIGATED, PROSECUTED, CONVICTED AND SENTENCED

NATIONALS OF THE COUNTRY DEPLOYED ABROAD AS PART OF A PEACEKEEPING

OR OTHER SIMILAR MISSION WHO ENGAGED IN OR FACILITATED SEVERE FORMS

OF TRAFFICKING OR WHO EXPLOITED VICTIMS OF SUCH TRAFFICKING.



Per ref. A, paragraph 27 (G),not applicable.



-- M. IF THE COUNTRY HAS AN IDENTIFIED PROBLEM OF CHILD SEX TOURISTS

COMING TO THE COUNTRY, WHAT ARE THE COUNTRIES OF ORIGIN FOR SEX

TOURISTS? HOW MANY FOREIGN PEDOPHILES DID THE GOVERNMENT PROSECUTE

OR DEPORT/EXTRADITE TO THEIR COUNTRY OF ORIGIN? IF YOUR HOST

COUNTRY'S NATIONALS ARE PERPETRATORS OF CHILD SEX TOURISM, DO THE

COUNTRY'S CHILD SEXUAL ABUSE LAWS HAVE EXTRATERRITORIAL COVERAGE

(SIMILAR TO THE U.S. PROTECT ACT) TO ALLOW THE PROSECUTION OF

SUSPECTED SEX TOURISTS FOR CRIMES COMMITTED ABROAD? IF SO, HOW MANY



BANGKOK 00000499 020.2 OF 032





OF THE COUNTRY'S NATIONALS WERE PROSECUTED AND/OR CONVICTED DURING

THE REPORTING PERIOD UNDER THE EXTRATERRITORIAL PROVISION(S) FOR

TRAVELING TO OTHER COUNTRIES TO ENGAGE IN CHILD SEX TOURISM?



According to Embassy-based law enforcement officers, the countries

of origin for sex tourists are Germany, the U.K, the U.S.A, Canada,

New Zealand, Australia, and to a lesser extent, Japan. Approximately

20 child sex perpetrators were prosecuted in 2008 and at least 2

were deported back to their country of origin. In 2008, two Thai

women were convicted and sentenced to prison for brokering children

for prostitution.



According to the RTG, in 2008, the Office of the Attorney General

received three requests for mutual legal assistance and five

requests for extradition relating to child sexual abuse. Two

extradition cases are pending trial in court. One case involves a

fugitive. Two cases, which require additional documentation, are

under consideration by prosecutors.



IV) PROTECTION AND ASSISTANCE TO VICTIMS:

-- A. WHAT KIND OF PROTECTION IS THE GOVERNMENT ABLE UNDER EXISTING

LAW TO PROVIDE FOR VICTIMS AND WITNESSES? DOES IT PROVIDE THESE

PROTECTIONS IN PRACTICE?



Under the Law

--------------

According to the 2008 Anti-TIP law, MSDHS shall provide assistance

as appropriate to a trafficked person, including food, shelter,

medical treatment, physical and mental rehabilitation, education,

training, legal aid, return to the country of origin or domicile,

and legal assistance with the processing of compensation.

Trafficking victims have the right to receive information regarding

the timeframe of the delivery of assistance, and their consultation

regarding the delivery of assistance is to be sought.



The Act also stipulates that officials shall provide for the safety

and protection of trafficking victims under their care, as well as

that of the victims' family members (if also trafficked).

Trafficking victims who cooperate with the prosecution of their case

as witnesses shall be protected under the law and will be allowed to

temporarily remain in Thailand and work while their case proceeds.





The Act states that for Thai nationals trafficked abroad who want to

return to Thailand or their country of residence, the RTG shall

assist without delay, and consider the victims safety and welfare.

For trafficking victims abroad who are not Thai, but reside, are

domiciled, and/or have been granted temporary status to remain in

Thailand under Thai law, the RTG shall assist their return to

Thailand should the victim desire.



Section 41 of the Act stipulates that unless the Minister of Justice

grants permission in writing, trafficking victims can not be

prosecuted for entering, leaving, or residing in Thailand illegally,

for giving false information to government officials, for forging or

using a forged travel document, for prostitution, or for working

illegally. Government officials, in providing assistance, may place

the trafficked person in the care of a government or private welfare

center.



In Practice

--------------

MSDHS operated 138 temporary shelters (up from 99 shelters in 2007),

located in every province to provide temporary shelter for victims

during the first 24 hours after their rescue or receipt of

assistance by the State (or 7 days with court permission). After 24

hours, victims are transferred to 8 main centers located throughout

Thailand. In addition, NGOs often also provide protection for

victims immediately after their rescue and may assist in the

prosecution of traffickers. According to the RTG, between 1999 and

2008, approximately 3,772 foreign TIP victims received protection

and assistance in government shelters. Of them, 2,553 were

eventually repatriated. Government shelters are able to provide



BANGKOK 00000499 021.2 OF 032





sufficient protection, rehabilitation, and training to trafficking

victims. While some victims are engaged in income generating

activities within the government shelters in which they reside, the

RTG has not yet developed a system through which victims can work

outside the shelters (many of whom are undocumented migrants). TIP

experts have suggested the first step toward addressing this

problem, should the RTG intend to do so, would be the provision of

identification cards. Should they have entered Thailand illegally,

victims could use these cards to leave the shelters unsupervised and

without fearing deportation.



Thai embassies provide consular protection to Thai citizens who face

difficulties overseas. Limited fund are available to assist the

repatriation of Thai victims of trafficking abroad. In 2008, Thai

embassies assisted the return of 443 Thais to Thailand. Most were

construction workers held in conditions of debt bondage and/or

indentured servitude. As called for in the new Anti-TIP law, MSDHS

reported a new anti-TIP fund of 60 million baht (approximately USD

1.7 million) should be available in March 2009 to finance anti-TIP

activities of both government agencies and NGOs.



-- B. DOES THE COUNTRY HAVE VICTIM CARE FACILITIES (SHELTERS OR

DROP-IN CENTERS) WHICH ARE ACCESSIBLE TO TRAFFICKING VICTIMS? DO

FOREIGN VICTIMS HAVE THE SAME ACCESS TO CARE AS DOMESTIC TRAFFICKING

VICTIMS? WHERE ARE CHILD VICTIMS PLACED (E.G., IN SHELTERS, FOSTER

CARE, OR JUVENILE JUSTICE DETENTION CENTERS)? DOES THE COUNTRY HAVE

SPECIALIZED CARE FOR ADULTS IN ADDITION TO CHILDREN? DOES THE

COUNTRY HAVE SPECIALIZED CARE FOR MALE VICTIMS AS WELL AS FEMALE?

DOES THE COUNTRY HAVE SPECIALIZED FACILITIES DEDICATED TO HELPING

VICTIMS OF TRAFFICKING? ARE THESE FACILITIES OPERATED BY THE

GOVERNMENT OR BY NGOS? WHAT IS THE FUNDING SOURCE OF THESE

FACILITIES? PLEASE ESTIMATE THE AMOUNT THE GOVERNMENT SPENT (IN

U.S. DOLLAR EQUIVALENT) ON THESE SPECIALIZED FACILITIES DEDICATED TO

HELPING TRAFFICKING VICTIMS DURING THE REPORTING PERIOD.



During 2008, the RTG, through MSDHS, operated 138 temporary shelters

(up from 99 in 2007) and 8 main welfare homes (four for adult women

and children, three homes for boys, and one new home for adult males

and their families) that provide assistance to both Thai and foreign

TIP victims. Baan Kredtakarn Protection and Occupational

Development Center is an internationally-prominent welfare home that

serves as a shelter, school, vocational learning center, and return

and reintegration facility for TIP victims. Through the shelters,

MSHDS's Bureau of Anti-Trafficking in Women and Children (BATWC)

provides support to TIP victims, responding to both their physical

and psychological needs.



The Ministry of Social Development and Human Security (MSDHS)

reported that 3,772 foreign women and children were classified as

TIP victims in Thailand and received assistance and protection at

MSDHS shelters between 1999 and 2008. Of them, 2,553 (68 percent)

were repatriated back to their home country, and approximately 292

remained in MSDHS shelters at the end of 2008. The breakdown by

country of origin follows:



Number of Foreign TIP victims in the government shelters. (1999 -

Dec 2008)(Unit: Number of Persons)

Nationality Assisted Repatriated Other* Remain in shelters

-------------- -------------- -------------- -------------- --------------

Cambodia 1,235 968 245 22

Burma 1,121 623 308 190



Laos 1,336 915 347 74

China 32 21 10 1



Vietnam 26 20 3 3

Other 22 6 14 2

Total 3,772 2,553 927 292

* victims referred/transferred to other agencies, fled from the

shelter, etc.

(Source: Department of Social Development and Welfare, MSDHS)



-- C. DOES THE GOVERNMENT PROVIDE TRAFFICKING VICTIMS WITH ACCESS



BANGKOK 00000499 022.2 OF 032





TO LEGAL, MEDICAL AND PSYCHOLOGICAL SERVICES? IF SO, PLEASE SPECIFY

THE KIND OF ASSISTANCE PROVIDED. DOES THE GOVERNMENT PROVIDE FUNDING

OR OTHER FORMS OF SUPPORT TO FOREIGN OR DOMESTIC NGOS AND/OR

INTERNATIONAL ORGANIZATIONS FOR PROVIDING THESE SERVICES TO

TRAFFICKING VICTIMS? PLEASE EXPLAIN AND PROVIDE ANY FUNDING AMOUNTS

IN U.S. DOLLAR EQUIVALENT. IF ASSISTANCE PROVIDED WAS IN-KIND,

PLEASE SPECIFY EXACT ASSISTANCE. PLEASE SPECIFY IF FUNDING FOR

ASSISTANCE COMES FROM A FEDERAL BUDGET OR FROM REGIONAL OR LOCAL

GOVERNMENTS.



Eight main government shelters provide several types of support to

trafficked victims as follows:

-- food and accommodations;

-- medical care;

-- counseling services;

-- psychological assistance programs;

-- education (e.g. computer training, English courses);

-- vocational training (e.g. sewing and knitting, dressmaking,

weaving, arts and crafts, cooking, painting, etc.);

-- recreational services and social activities (e.g. library,

entertainment room, music class, sport classes, religious

activities, sightseeing);

-- early childcare;

-- life-skills education (e.g. risk management and problem solving

techniques);

-- reintegration and family assistance programs to help prepare

victims before repatriation and reintegration with their families

during and after their stay in the shelter.



There is limited direct funding provided by the RTG to foreign or

domestic NGOs for services to victims. However, the government

provides in-kind assistance in the form of technical support,

personnel, and facilities to NGOs active in anti-trafficking

activities. For example, a joint NGO-government trafficking task

force in Chiang Mai is located in the provincial hall. Government

office space and stipends for volunteers are also provided to the

National Council for Child and Youth Development, a non-governmental

umbrella organization that includes anti-trafficking activities in

its mandate.



According to MSDHS, in September 2005, the RTG allocated 100 million

baht to government activities to combat human trafficking. In 2008,

3.11 million baht (88,857 USD) was used for both investigation and

interrogation activities (2 million baht) and for distribution to

124 trafficked victims (1.1 million baht).



In addition, as called for in the new Anti-TIP law, MSDHS reported a

new anti-TIP fund of 60 million baht (approximately USD 1.7 million)

should be available in March 2009 to finance anti-TIP activities of

both government agencies and NGOs.



-- D. DOES THE GOVERNMENT ASSIST FOREIGN TRAFFICKING VICTIMS, FOR

EXAMPLE, BY PROVIDING TEMPORARY TO PERMANENT RESIDENCY STATUS, OR

OTHER RELIEF FROM DEPORTATION? IF SO, PLEASE EXPLAIN.



The RTG allows those classified as foreign TIP victims to receive

shelter and social services pending repatriation to their country of

origin. Between 1999 and 2008, approximately 3,772 foreign TIP

victims received protection and assistance in government shelters.

Of them, 2,553 (68 percent) were repatriated. In 2008 alone,

shelter officials reported they provided protection and social

services for 520 foreign trafficking victims including 45 Cambodian,

252 Burmese, 214 Laotian, 3 Vietnamese, and 6 others. The RTG

provides the following assistance to foreigners trafficked into

Thailand:

-- temporary protection and rehabilitation as well as vocational

training

-- collaboration with families, other governments, and NGOs for safe

repatriation

-- immunity from charges of crimes associated with the TIP victims'

status (i.e., illegal immigration, prostitution, etc.).



Furthermore, RTG officials cooperated with other governments, NGOs,



BANGKOK 00000499 023.2 OF 032





and international organizations to facilitate safe repatriation

processes and follow-up monitoring overseas.



A 2005 Cabinet Resolution established guidelines for the return of

stateless residents abroad who have been identified as TIP victims

and who can be proved to have had prior residency in Thailand.

These stateless residents can be given residency status in Thailand

on a case-by-case basis.



-- E. DOES THE GOVERNMENT PROVIDE LONGER-TERM SHELTER OR HOUSING

BENEFITS TO VICTIMS OR OTHER RESOURCES TO AID THE VICTIMS IN

REBUILDING THEIR LIVES?



During 2008, the RTG, through MSDHS, operated 138 temporary shelters

(up from 99 in 2007) and 8 main welfare homes (four for adult women

and children, three homes for boys, and one new home for adult males

and their families). With the Anti-Trafficking Act coming into

force in June 2008, the RTG determined to set-up four new shelters

exclusively for male TIP victims. One of them, in Thailand's

central province of Pathumthani, has been used since October 2008.

The three additional adult-male shelters are expected to be set up

in Chiang Rai (Northern region),Songkla (Southern region),and

Ranong (Eastern region) in FY 2009. RTG officials have allowed TIP

victims who are family members to remain together, with at least one

case of a male TIP victim living in the new male TIP victim shelter

with his family.



-- F. DOES THE GOVERNMENT HAVE A REFERRAL PROCESS TO TRANSFER

VICTIMS DETAINED, ARRESTED OR PLACED IN PROTECTIVE CUSTODY BY LAW

ENFORCEMENT AUTHORITIES TO INSTITUTIONS THAT PROVIDE SHORT- OR

LONG-TERM CARE (EITHER GOVERNMENT OR NGO-RUN)?



Thailand has regional MOUs (between provinces within one region) on

cooperation to combat human trafficking. These MOUs provide

practical guidelines on coordination of raid/rescue operations, and

protection and referral processes that involve relevant members of

government agencies and NGOs (working in what are referred to as

multidisciplinary teams). MOUs for the northeastern and eastern

regions were signed in 2006 and the MOUs for the northern and

southern regions were signed in 2007. MOUs covering the central

region were the last signed in 2008 (one covering the lower central

region signed in May and one covering the upper central region in

July). To ensure effective collaboration among agencies in

implementing these MOUs, MSDHS trained 706 individuals between 2006

and June 2008. Approximately 80 additional people were trained in

September 2008 using a curriculum updated since the new Anti-TIP Act

came into force.



The regional MOUs provide procedures to the Provincial Operation

Center on Prevention and Suppression of Human Trafficking (POCHT) in

each province. They generally state the POCHT shall coordinate with

members of their multidisciplinary teams (e.g., social workers,

health care officials, psychologists, etc.). Under these

procedures, trafficking victims are transferred to government or

NGO- run shelters as appropriate. If there is a reason to believe a

victim shall be endangered in a particular shelter, the chief of the

shelter or POCHT secretariat can request the police provide

protection under the 2003 Witness Protection Act.



In addition to the regional MOUs, the Ministry of Labor (MOL),

working with other concerned ministries, developed "Operational

Guidelines for Labor Trafficking," which were formally agreed upon

in April 2008. The guidelines were established to improve

coordination among members of multi-disciplinary teams, both

government and non-government officials, during labor trafficking

operations (i.e., rescue and protection). MOL officials reported

that trainings on these guidelines were being planned for officials

within the ministry.



-- G. WHAT IS THE TOTAL NUMBER OF TRAFFICKING VICTIMS IDENTIFIED

DURING THE REPORTING PERIOD? OF THESE, HOW MANY VICTIMS WERE

REFERRED TO CARE FACILITIES FOR ASSISTANCE BY LAW ENFORCEMENT

AUTHORITIES DURING THE REPORTING PERIOD? BY SOCIAL SERVICES



BANGKOK 00000499 024.2 OF 032





OFFICIALS? WHAT IS THE NUMBER OF VICTIMS ASSISTED BY

GOVERNMENT-FUNDED ASSISTANCE PROGRAMS AND THOSE NOT FUNDED BY THE

GOVERNMENT DURING THE REPORTING PERIOD?



There is no official estimate available for the number of

trafficking victims identified during the reporting period.

Information provided by the RTG indicated that the vast majority of

identified TIP victims, including those receiving services in

government shelters, are non-Thai citizens. In 2008, the shelters

reported they provided protection and social services for 622

trafficking victims, 520 foreigners (45 Cambodian, 252 Burmese, 214

Laotian, and 3 Vietnamese and 6 from other nations) and 102 Thai

citizens. Approximately 292 people remained in MSDHS shelters at

the end of 2008. The Children and Women Protection Division of the

Royal Thai Police (CWD) reported that CWD alone (not including other

police divisions) investigated 46 cases of human trafficking,

involving 82 TIP victims. These official numbers likely greatly

underestimate the total number of victims in Thailand.



According to MSDHS, in September 2005, the RTG allocated 100 million

baht to government activities to combat human trafficking. In 2008,

3.11 million baht (88,857 USD) was used for both investigation and

interrogation activities (2 million baht or 57,143 USD) and for

distribution to 124 trafficked victims (1.1 million baht or 31,429

USD).



-- H. DO THE GOVERNMENT'S LAW ENFORCEMENT, IMMIGRATION, AND SOCIAL

SERVICES PERSONNEL HAVE A FORMAL SYSTEM OF PROACTIVELY IDENTIFYING

VICTIMS OF TRAFFICKING AMONG HIGH-RISK PERSONS WITH WHOM THEY COME

IN CONTACT (E.G., FOREIGN PERSONS ARRESTED FOR PROSTITUTION OR

IMMIGRATION VIOLATIONS)? FOR COUNTRIES WITH LEGALIZED PROSTITUTION,

DOES THE GOVERNMENT HAVE A MECHANISM FOR SCREENING FOR TRAFFICKING

VICTIMS AMONG PERSONS INVOLVED IN THE LEGAL/REGULATED COMMERCIAL SEX

TRADE?



In 2008, the RTG developed "Guidelines on Trafficked Victim

Identification" for use by police officers, immigration officers,

social workers and members of civil society to better identify

potential trafficking victims under Thailand's new TIP law. The

guidelines, in the form of a questionnaire to be used while

interviewing a potential victim during or after an anti-TIP

operation, provide a framework for interviewing officials to have a

clearer understanding of what defines a TIP victim. The guidelines

state that a person can be a victim of trafficking even if he/she

originally participated voluntarily in the activity in question and

regardless of one's immigration or worker registration status. They

also explain that debt bondage is considered a type of human

trafficking, and instruct that various types of supporting evidence

should be considered when identifying trafficking victims (i.e.,

evidence of physical abuse or psychological trauma, etc).



In order to provide government officials with sufficient knowledge

to identify TIP victims, the Royal Thai Police and MSDHS

co-conducted numerous one-day trainings for police officers that

focused on the Anti-TIP law and victim identification process.

MSDHS reported that 2,500 police received training in FY 2008 and

that an additional 2,500 would be reached in FY 2009



-- I. ARE THE RIGHTS OF VICTIMS RESPECTED? ARE TRAFFICKING VICTIMS

DETAINED OR JAILED? IF SO, FOR HOW LONG? ARE VICTIMS FINED? ARE

VICTIMS PROSECUTED FOR VIOLATIONS OF OTHER LAWS, SUCH AS THOSE

GOVERNING IMMIGRATION OR PROSTITUTION?



The 2008 Anti-TIP Law provided numerous rights to trafficking

victims (see question C above),which are generally respected.

Trafficking victims have the right to receive services from the

State and information regarding the timeframe of assistance

delivery. Illegal migrants who are trafficking victims are

repatriated through established RTG processes in cooperation with

foreign governments and civil society. The anti-TIP law stipulates

that unless the Minister of Justice grants permission in writing,

trafficking victims can not be prosecuted for entering, leaving, or

residing in Thailand illegally, for giving false information to



BANGKOK 00000499 025.2 OF 032





government officials, for forging or using a forged travel document,

for prostitution, or working illegally.



In practice, court proceedings are usually long, sometimes causing

trafficking victims who cooperate with prosecutions to remain in

shelters for extended periods of time. The RTG does, though, allow

for victims who have already given testimony to be repatriated

instead of remaining in shelters. NGOs have reported complaints by

foreign victims in shelters who believe the RTG does not arrange for

their repatriation in a timely fashion, and who feel compelled to

remain in shelters in order to assist with prosecutions. Another

factor contributing to the lengthy stays in shelters is the

difficulty in verifying the nationality of victims as part of the

repatriation process, especially of those without national identity

cards or who are ethnic minorities from Burma. Difficulties in

tracing families (for children),and in arranging documentation and

reception by officials or NGO workers in neighboring countries,

resulted in stays of up to six months. During this period victims

are protected at shelters, where they receive medical treatment and

food, counseling, and limited vocational and literacy training.



-- J. DOES THE GOVERNMENT ENCOURAGE VICTIMS TO ASSIST IN THE

INVESTIGATION AND PROSECUTION OF TRAFFICKING? HOW MANY VICTIMS

ASSISTED IN THE INVESTIGATION AND PROSECUTION OF TRAFFICKERS DURING

THE REPORTING PERIOD? MAY VICTIMS FILE CIVIL SUITS OR SEEK LEGAL

ACTION AGAINST TRAFFICKERS? DOES ANYONE IMPEDE VICTIM ACCESS TO

SUCH LEGAL REDRESS? IF A VICTIM IS A MATERIAL WITNESS IN A COURT

CASE AGAINST A FORMER EMPLOYER, IS THE VICTIM PERMITTED TO OBTAIN

OTHER EMPLOYMENT OR TO LEAVE THE COUNTRY PENDING TRIAL PROCEEDINGS?

ARE THERE MEANS BY WHICH A VICTIM MAY OBTAIN RESTITUTION?



The government generally encourages victims to participate in the

investigation and prosecution of trafficking. Relatively few opt to

do so, however, for a variety of reasons such as language barriers,

illiteracy, distrust of Thai officials, slow legal processes, and

fear of traffickers. Additionally, financial needs of victims who

need to earn income for their families also play a role in the low

level of victim participation in prosecutions. The Royal Thai

Police believes that fear of the criminal networks, which often

reach into their home communities, played an important role in the

reluctance to pursue legal action. Officials at government shelters

also reported instances when traffickers try to intimidate or

threaten victims or their families.



The Ministry of Social Development and Human Security (MSDHS)

reported it assisted 622 TIP victims in 2008, 520 foreigners and 102

Thai citizens. Of the 622, 306 (roughly 50 percent) agreed to

cooperate with law enforcement authorities on their cases

investigation and prosecution. Only 35 of the 102 Thai victims

agreed to cooperate on their cases investigation and prosecution.



Number of trafficking victims assisted by MSDHS (Jan-Dec 2008)

(Unit: Number of Persons):



Victims Proceed with Prosecution Do Not Proceed



-------------- -------------- --------------

Thai trafficking 44 6 38

victims abroad



Thai trafficking 58 29 29

victims in Thailand



Foreign trafficking 520 271 249 victims in

Thailand



Total 622 306 316

(Source: Dept. of Social Development and Welfare, MSDHS)



Regarding labor trafficking, during 2006-2008, approximately 140

trafficking victims from the Anoma and Ranya Paew cases have

participated in the investigation and prosecution of traffickers.

To encourage assistance in case investigation and prosecution in



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forced labor cases, the 1998 Labor Protection Act allows for

compensatory damages from the employer. Department of Social

Welfare officials and NGOs use the threat of punitive sanctions

under this law to negotiate settlements with abusive employers using

foreign trafficking victims in sweatshops and in domestic work.



To create additional incentives for victims to assist with case

investigation and prosecution, the 2008 anti-TIP Law (Sections 34

and 35) requires victims be informed of their right to receive

compensation for damages and to the provision of legal aid from the

government. The public prosecutor must also help victims receive

compensation through the courts. Similarly, the law stipulates that

victims of TIP crimes are eligible to work while their case proceeds

through the courts.



-- K. DOES THE GOVERNMENT PROVIDE ANY SPECIALIZED TRAINING FOR

GOVERNMENT OFFICIALS IN IDENTIFYING TRAFFICKING VICTIMS AND IN THE

PROVISION OF ASSISTANCE TO TRAFFICKED VICTIMS, INCLUDING THE SPECIAL

NEEDS OF TRAFFICKED CHILDREN? DOES THE GOVERNMENT PROVIDE TRAINING

ON PROTECTIONS AND ASSISTANCE TO ITS EMBASSIES AND CONSULATES IN

FOREIGN COUNTRIES THAT ARE DESTINATION OR TRANSIT COUNTRIES? WHAT

IS THE NUMBER OF TRAFFICKING VICTIMS ASSISTED BY THE HOST COUNTRY'S

EMBASSIES OR CONSULATES ABROAD DURING THE REPORTING PERIOD? PLEASE

EXPLAIN THE TYPE OF ASSISTANCE PROVIDED (TRAVEL DOCUMENTS, REFERRALS

TO ASSISTANCE, PAYMENT FOR

TRANSPORTATION HOME).



Royal Thai police and MSDHS co-conducted numerous one-day trainings

that focused on the Anti-TIP law and victim identification process

using the new guidelines on trafficking victim identification.

MSDHS reported that 2,500 police received training in FY 2008 and

that an additional 2,500 will be reached in FY 2009. The attendees

were mostly police, although other multidisciplinary team members

also attended (NGO officials, social workers, psychologists, etc.).





According to CWD, there were several trainings specifically for

police officers as follows:

- A 6-day training course for 34 police trainees on TIP victim

rescuing operations

- A 5-day training regarding TIP for 30 Thai and Malaysian police

officers

- A UK-sponsored training for 15 CWD officers on combating human

trafficking.



The Ministry of Labor (MOL) also conducted training courses on

relevant child labor protection law to labor inspectors aiming to

raise awareness on this issue. In addition, the Ministry of Labor

established a woman and child labor protection network with relevant

NGOs, governmental agencies, and private sector members, to provide

information and guidelines on labor protection and assistance to

laborers, especially children. The MOL organized an annual meeting

with employers, manufacturers and NGOs to raise awareness on labor

rights protection and child labor protection.



In 2008, the Department of Consular Affairs of the Ministry of

Foreign Affairs conducted various anti-TIP-related activities with

Royal Thai Embassies, Consulates, and Thai communities overseas,

including the following:



-- Coordinated activities with Thai Women Supportive Networks in

Norway and Sweden.

-- Distributed TIP-related pamphlets for Thais in Poland

-- Organized a "Thai Friends help Thais" project to develop a

network of volunteers to assist TIP victims in Singapore

-- Made donations to TIP victims shelters in South Africa.

-- Organized a seminar on "Related TIP laws in Switzerland and

Assistance/Protection provided to 66 Thais in Switzerland" organized

by the Royal Thai Embassy in Bern, Switzerland

-- Conducted consultation programs for 105 Thai victims of

trafficking persons in Switzerland.

-- Supported a volunteer network in the Netherlands

-- Conducted a TIP seminar for 130 Thai Women in Denmark



BANGKOK 00000499 027.2 OF 032





-- Provided 14 translators for TIP victims in South Africa

-- Conducted trainings regarding TIP to foreign service officers and

local staff in 15 embassies and consulates.



The Ministry of Foreign Affairs (MFA) Department of Consular Affairs

reported 443 Thai nationals were classified as TIP victims abroad

and repatriated to Thailand with MFA assistance in fiscal year 2008

(October 2007-September 2008),compared to 403 and 397 victims in

FY2007 and FY2006, respectively. The breakdown by destination

country follows:



Number of Thai TIP victims abroad who were repatriated back to

Thailand (Oct 07-Sep 08)

(Unit: Number of Persons)

Destination FY 2006 FY2007 FY 2008

-------------- -------------- -------------- --------------

Bahrain 236 368 360

Singapore 9 14 3

Malaysia 39 12 73

South Africa 20 3 1

Saudi Arabia 0 3 0

Hong Kong 2 2 1

Japan 3 1 0

United Kingdom 5 0 0

Taiwan 0 0 5

Total 397 403 443

(Source: Department of Consular Affairs, Ministry of Foreign

Affairs)



-- L. DOES THE GOVERNMENT PROVIDE ASSISTANCE, SUCH AS MEDICAL AID,

SHELTER, OR FINANCIAL HELP, TO ITS NATIONALS WHO ARE REPATRIATED AS

VICTIMS OF TRAFFICKING?



In 2008, MSDHS officials reported the Ministry provided small travel

stipends for 44 Thai trafficked victims who were repatriated back to

Thailand. Medical aid, shelter (other than temporary residence at

one of six government shelters),and other financial help is not

available from the Thai government.



-- M. WHICH INTERNATIONAL ORGANIZATIONS OR NGOS, IF ANY, WORK WITH

TRAFFICKING VICTIMS? WHAT TYPE OF SERVICES DO THEY PROVIDE? WHAT

SORT OF COOPERATION DO THEY RECEIVE FROM LOCAL AUTHORITIES?



Numerous NGOs, both Thai and international, are active in working

with trafficking victims. They provide different levels of support,

varying from organizations that identify victims and work with

authorities to rescue them, to those who support them through the

judicial process and return from Thailand to their home countries.

Working level cooperation with local authorities is generally good

and government funding was sometimes provided to NGOs. In-kind

assistance such as office space is often made available, as is the

case in models of cooperation created in Chiang Mai, Bangkok and

Chiang Rai. The RTG also provided office space to one NGO in the

Office of the Attorney General.



A partial list of NGOs active in Thailand and a brief description of

some of their key activities follows:



-- The Center for Protection of Children's Rights (CPCR) assists

abused, orphaned, neglected or trafficked children and counters

commercial sexual exploitation of children by legal and public

relations means. The NGO runs three rehabilitation homes for

children and young people rescued from trafficking, two are in

Bangkok, and one is in Chiang Rai. The Chiang Rai facility also

provides scholarships, vocational training and prevention programs

for young people at risk of entering the commercial sex industry or

at risk of being exploited for child labor.



-- Fight Against Child Exploitation (FACE) monitors cases of child

abuse and pursues prosecutions of pedophiles. FACE also provides

consultative services to Thai law enforcement entities on the

handling of trafficking victims.





BANGKOK 00000499 028.2 OF 032





-- Foundation for Child Development (FCD) provides emergency

assistance and support to victims of trafficking. It also runs

prevention campaigns and policy-level advocacy activities. FCD has

been a leading organization in providing assistance to victims in

the Ranya Paew case, and actively participates in policy level

discussions.



-- TRAFCORD: the Anti-Trafficking Coordination Unit based in Chiang

Mai, acts as a coordination center in Northern Thailand between

governmental and non-governmental agencies active in solving

problems of human trafficking. It was established in August, 2002,

largely with USG funding, and is a model of law enforcement and NGO

cooperation in initiating investigations, protecting victims, and

pursuing prosecutions of traffickers in the region.



-- The Labor Rights Promotion Network (LPN) is an NGO in the Samut

Sakhon province, on the Gulf of Thailand, in which seafood

processing and fisheries industries are based. LPN provides

counseling, vocational training and education programs for migrant

workers and their families, many of whom originate from Burma and

are vulnerable to exploitation or trafficking.



-- The Development and Education Program for Daughters and

Communities (DEPDC) in Mae Sai, near the border with Burma, works to

prevent at-risk children from being forced into the sex industry or

into other forms of child labor. DEPDC provides shelter, education,

vocational training, and employment opportunities to young girls at

risk. DEPDC also campaigns

against local interests that cater to child sex tourism.



-- The New Life Center (Chiang Mai and Chiang Rai) houses, feeds,

and educates women from hill tribes and other ethnic minorities who

have been rescued from trafficking or at risk of being trafficked.



-- The Buddha Kasetra School (Chiang Rai) is a shelter and school

for girls (both Thai and non-Thai) who cannot afford to continue

their education and are at risk of entering the sex industry.



-- The Foundation for Women (FFW) provides information, support,

referral and emergency financial assistance to women who are victims

of exploitation and violence. FFW also works with villagers in the

North and Northeast to oppose coerced prostitution and domestic

violence. FFW offers small-scale credit schemes for alternative

economic projects and conducts research on international migration

and trafficking, adolescent sexuality, and domestic violence.



-- The Mirror Art Group, through a project entitled, "The Missing

Person Center for Anti-Trafficking," provides counseling to victims

and their families and helps coordinate the activities of government

agencies, local authorities, and NGOs to assist victims.



-- The World Vision Foundation of Thailand (WVFT) concentrates its

activities on reducing the vulnerabilities of migrants through

prevention projects.



-- Agir Pour Les Femmes En Situation Precaire or Alliance Anti

Traffic (AFESIP) programs include the building of community-based

networks and the provision of support to victims, including health,

legal, and family tracing services prior to reintegration or

repatriation.



-- Other international NGOs such as The American Center for

International Labor Solidarity (Solidarity Center),Save the

Children UK, GATTW, Oxfam, Prevent Human Trafficking, and ECPAT

International have ongoing substantive anti-trafficking programs in

Thailand.



-- International organizations actively working on anti-trafficking

programs in Thailand include UNESCO, UNIAP, UNICEF, the ILO, and

IOM.



V) PREVENTION:





BANGKOK 00000499 029.2 OF 032





-- A. DID THE GOVERNMENT CONDUCT ANTI-TRAFFICKING INFORMATION OR

EDUCATION CAMPAIGNS DURING THE REPORTING PERIOD? IF SO, BRIEFLY

DESCRIBE THE CAMPAIGN(S),INCLUDING THEIR OBJECTIVES AND

EFFECTIVENESS. PLEASE PROVIDE THE NUMBER OF PEOPLE REACHED BY SUCH

AWARENESS EFFORTS, IF AVAILABLE. DO THESE CAMPAIGNS TARGET

POTENTIAL TRAFFICKING VICTIMS AND/OR THE DEMAND FOR TRAFFICKING

(E.G. "CLIENTS" OF PROSTITUTES OR BENEFICIARIES OF FORCED LABOR)?



Since the coming into force of the anti-TIP Law of 2008, the

Ministry of Social Development and Human Security (MSDHS)

implemented several prevention-oriented activities as follows:

-- declared June 5 as National Anti-Human Trafficking Day

-- provided education scholarships to vulnerable children in

high-risk areas

-- set up 8 women vocational training centers in rural areas as well

as awareness raising campaigns on how Thai women can protect

themselves abroad as well as developed watchdog network in high-risk

areas

--organized "public dialogues" in seven provinces throughout

Thailand to raise awareness within the general public

-- sponsored a television advertisement to raise awareness on the

various forms of human trafficking

-- sponsored a television documentary on "solving human trafficking

problems" during prime time in December 2008

-- organized road shows to raise awareness to fight against human

trafficking in 7 high-risk areas such as transportation stations

(Bangkok's main train station, various bus and shuttle bus

terminals),and the tourist district in the city of Pattaya



Although the number of people reached by such awareness raising

activities by MSDHS is difficult to estimate, the television

campaign in particular reached a wide audience and the awareness

campaigns in high-risk areas reached more targeted audiences. The

Ministry of Foreign Affairs also conducted prevention activities

outside of Thailand, as listed in section IV, question K.



-- B. DOES THE GOVERNMENT MONITOR IMMIGRATION AND EMIGRATION

PATTERNS FOR EVIDENCE OF TRAFFICKING? DO LAW ENFORCEMENT AGENCIES

SCREEN FOR POTENTIAL TRAFFICKING VICTIMS ALONG BORDER?



Thailand's topography and resource constraints make it impossible to

adequately monitor its borders. Although border security is a

national priority, the rugged terrain of much of the 2,900 miles of

land border greatly complicates efforts to control entry and exit.

An additional 1,600 miles of coastline provides further obstacles to

border control. Widespread smuggling of timber, oil, drugs and

people all occur. The government is sensitive to trends in labor

influxes. Cross-border labor movements, particularly from Burma,

are considered a national security issue. As a result of training

programs conducted during the reporting period, there was an

increasing understanding among police and immigration officers of

the difference between trafficking cases and voluntary migration

(both legal and illegal.) Frequent rotation among police and

immigration officers requires continual training efforts.



The Ministry of Labor's Department of Labor Protection and Welfare

Development (LPWD) inspected workplaces to ensure that worker rights

are protected in accordance with the Labor Protection Act (LPA). In

FY 2008, labor inspectors from LPWD inspected 51,375 workplaces that

were found to employ 55,003 migrant workers; 48,741 from Burma,

1,367 from Laos, 1,530 from Cambodia, and 3,365 from other nations.

Out of the 51,375 workplace inspected, 44,850 were found to be fully

compliant with the LPA, while LPA violations were found in 6,161.

LPWD found serious violations in 5 of the 6,156 workplaces and

initiated court proceedings in response.



Sensitive to Thailand's international image, immigration police

officers monitor outgoing passengers at Bangkok's international

airport for Thai female sex workers. Departure clearance is often

denied in suspect cases. Chinese nationals and South Asians using

Bangkok as a transit stop to travel illegally to third countries are

not intercepted unless they possess fraudulent travel documents and

attempt to enter Thailand. In both the cases of Thai sex workers



BANGKOK 00000499 030.2 OF 032





and illegal migrants, the participants are usually voluntary during

this point in the trafficking continuum. Various forms of force,

fraud and coercion are generally encountered only when the

destination country is reached.



-- C. IS THERE A MECHANISM FOR COORDINATION AND COMMUNICATION

BETWEEN VARIOUS AGENCIES, INTERNAL, INTERNATIONAL, AND MULTILATERAL

ON TRAFFICKING-RELATED MATTERS, SUCH AS A MULTI-AGENCY WORKING GROUP

OR A TASK FORCE?



Collaboration between government officials and NGOs has

progressively improved in Thailand as reflected in the MOUs on

collaboration in the different domestic regions. The RTG and

provincial-level governments increasingly enjoy close collaborative

relationships with civil society on anti-TIP activities. Key NGOs

sit on national committees related to TIP. MSDHS, responsible for

coordinating the RTG's anti-TIP efforts, maintains a full list of

all NGOs working on TIP-related issues nationwide. The 2008

anti-TIP law called for the establishment of two national committees

to focus ministerial-level political decision-making with regard to

anti-TIP efforts: an Anti-Trafficking in Persons Committee (ATP)

chaired by the Prime Minister and a Coordinating and Monitoring of

Anti-Trafficking in Persons Committee (CMP) chaired by the Deputy

Prime Minister. MSDHS also created a CMP sub-committee to develop

subordinate regulations to the new TIP Law, essential to its

implementation. The sub-committee consists of government officials

from relevant agencies, academics, and representatives from civil

society.



In 2008, MSDHS reported collaborating with international

organizations on the following activities:



- International Organization for Migration (IOM): provided financial

support for returning TIP victims home, developed standard

guidelines among relevant agencies to assist in the rescue of

trafficked victims, and produced publications regarding prevention

activities.



- United Nations Office on Drugs and Crimes (UNODC): provided "train

the trainer" activities on victim rehabilitation.



- Japan International Cooperation Agency (JICA): provided capacity

building to multidisciplinary teams through regarding TIP victim

protection.



- International Labor Organization (ILO): provided activities to

promote life and occupational skills of Thai women and children

victims.



-- D. DOES THE GOVERNMENT HAVE A NATIONAL PLAN OF ACTION TO ADDRESS

TRAFFICKING IN PERSONS? IF THE PLAN WAS DEVELOPED DURING THE

REPORTING PERIOD, WHICH AGENCIES WERE INVOLVED IN DEVELOPING IT?

WERE NGOS CONSULTED IN THE PROCESS? WHAT STEPS HAS THE GOVERNMENT

TAKEN TO IMPLEMENT THE ACTION PLAN?



The National Policy and Plan on Prevention and Resolution of

Domestic and Cross-border Trafficking in Children and Women

(2002-2007) was approved by the Cabinet on July 1, 2003. Political

turmoil in 2008, with frequent changes of government and

corresponding delays to policy-making, precluded the RTG from

finalizing a new Plan of Action, following passage of new

legislation. In 2008, the RTG focused on the implementation of the

new anti-TIP law and conducted an evaluation of the first Plan with

input from NGOs and international organizations.



-- E: WHAT MEASURES HAS THE GOVERNMENT TAKEN DURING THE REPORTING

PERIOD TO REDUCE THE DEMAND FOR COMMERCIAL SEX ACTS?



Thai government efforts to reduce customer demand for illegal

prostitution services have been limited to occasional police raids

to shut down openly operating brothels and awareness-raising

campaigns targeting tourists. These efforts are principally

conducted to reduce the prevalence of child prostitution.



BANGKOK 00000499 031.2 OF 032







According to the RTG, in 2008, the Tourism Authority of Thailand and

Ministry of Tourism and Sports initiated awareness campaigns to

prevent sex tourism, which involved travel and transportation

agencies. The campaigns were geared to warn tourists of the

severity of penalties for engaging in commercial sex acts with

children. The RTG also paired with NGOs and a large hotel

corporation to implement a "Code of Conduct for the Protection of

Children from Sexual Exploitation in Travel and Tourism." Through

this program, training was conducted for provincial-level travel

agencies and members of a private tourism association on how to

adopt prevention activities and deal with suspected and actual cases

of child sex tourism. Approximately 6,000 employees have been

trained so far in this initiative.



-- F. REQUIRED OF ALL POSTS: WHAT MEASURES HAS THE GOVERNMENT TAKEN

DURING THE REPORTING PERIOD TO REDUCE THE PARTICIPATION IN

INTERNATIONAL CHILD SEX TOURISM BY NATIONALS OF THE COUNTRY?



With regard to sex crimes again children, including by offenders who

travel to Thailand to commit crimes as well as those who come

fleeing justice elsewhere, Thai law enforcement authorities have

been increasingly cooperative with Embassy officials in a range of

areas. RTG law enforcement officials collaborated with USG law

enforcement agencies (and those from other governments) in the

investigation, arrest, prosecution, and deportation or extradition

of child sex offenders, as well as in the provision of victim

assistance. CWD police officers were designated to carry out

surveillance and investigation and to notify the Tourist police of

any suspected cases of child-sex tourism, including those involving

Thai nationals.



The RTG sponsored multiple TIP prevention activities, including

campaigns to warn tourists of any nationality (including Thai) of

the severity of penalties for engaging in commercial sex acts with

children.



The RTG's new anti-TIP law, which came into force in June 2008,

provides strict penalties for Thai citizens who engage in any form

of human trafficking, including child sex tourism:



- If a trafficking offense is committed against a child between 15

to 18 years old, penalties are 6-12 years imprisonment and a fine of

120,000 to 240,000 baht (3,429-6,857 USD).

- If a trafficking offense is committed against a child below 15

years old, penalties are 8-15 years imprisonment and a fine of

160,000 to 300,000 baht (4,571 - 8,571 USD).



In addition, various sections of Thai law (including the Thai

Criminal Code as amended, the Prevention and Suppression of

Prostitution Act, and the Money laundering Act) provide severe

penalties for Thai citizens (and others) who engage in child sex

tourism (see Section III, Question A above).



-- G. REQUIRED OF POSTS IN COUNTRIES THAT HAVE CONTRIBUTED OVER 100

TROOPS TO INTERNATIONAL PEACEKEEPING EFFORTS: WHAT MEASURES HAS THE

GOVERNMENT ADOPTED TO ENSURE THAT ITS NATIONALS WHO ARE DEPLOYED

ABROAD AS PART OF A PEACEKEEPING OR OTHER SIMILAR MISSION DO NOT

ENGAGE IN OR FACILITATE SEVERE FORMS OF TRAFFICKING OR EXPLOIT

VICTIMS OF SUCH TRAFFICKING?



Per ref. A, paragraph 27 (G),not applicable.



VI) NOMINATION OF HEROES AND BEST PRACTICES



HEROES: TRAFCORD

Established in 2002 in response to a marked rise in cases involving

the trafficking of women and children from the Mekong region,

TRAFCORD, the Anti-Trafficking Coordination Unit, was set up in

upper Northern Thailand. TRAFCORD acts as a coordination center

between government and non-government agencies active in addressing

human trafficking (TIP) cases, particularly involving women and

children. Sponsored by the USG, the Asia Foundation, and UNICEF, the



BANGKOK 00000499 032.2 OF 032





unit has been at the forefront of the successful

"multi-disciplinary" approach to trafficking cases in the region.

When TRAFCORD employees suspect the presence of child prostitutes

(often in a brothel or karaoke bar),they work with police, social

workers (public or private),prosecutors, and other relevant

government and NGO officials to rescue, rehabilitate, and repatriate

them. By coordinating government and private agencies prior,

during, and after raids on suspected establishments, they help

ensure that victims receive improved treatment and access to

services, and that criminal cases have a better chance of being

successfully prosecuted.



TRAFCORD's multi-disciplinary approach has been adopted by other

organizations in Thailand, including through formal memorandums of

understanding (MOUs) signed with relevant officials representing

seventeen Northern provinces in Thailand. As such, TRAFCORD has

catalyzed the updating of procedures for dealing with TIP cases and

coordinated their implementation, often providing training in the

process. TRAFCORD's work therefore also informed the key change to

Thailand's national anti-trafficking legal framework: a new,

comprehensive anti-TIP law that came into force in June 2008.



TRAFCORD's multi-disciplinary team approach, as explained in various

international forums (from Hawaii to Rome to Geneva),has generated

positive international attention in support of the most effective

ways to fight against child prostitution and other TIP crimes.

Many, such as the Director General of the International Organization

for Migration, have praised the unit and its staff for "providing

useful insights and guidance." Similarly, TRAFCORD's comprehensive

anti-child labor/TIP activities, including its public relations and

media efforts, have raised awareness about the worst forms of child

labor and inspired other organizations and individuals (within

Thailand and beyond) to adopt more effective multidisciplinary

strategies to end them.



BEST PRACTICES: Post may report on best practices septel.



3. (SBU) Per ref a, paragraph 22, Embassy Labor officer (FS-02)

spent approximately 45 hours in the preparation of this report. The

Economic Counselor (FE-OC) and DCM (FE-OC) spent approximately 4

hours and 3 hours on the report, respectively. Likewise, Economic

Section FSN (Grade 11-02) spent approximately 95 hours on compiling

information for the report. These estimates do not include

contributions made indirectly in the regular course of work.

Embassy Bangkok POC is Econ/Labor Officer Lawrence Petroni: tel.

02-205-4639, fax 02-254-2839, email PetroniLJ@state.gov.