THAILAND: TRAFFICKING IN PERSONS REPORT - 2010

UNCLAS SECTION 01 OF 44 BANGKOK 000468



Department for G/TIP (G-Laura Pena),EAP/RSP, INL, DRL, PRM

Labor for ILAB



SENSITIVE

SIPDIS



E.O. 12958: N/A

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

ASEC, TH

SUBJECT: Thailand: Trafficking in Persons Report - 2010



REF A: STATE 02094 (REPORTING REQUEST)

REF B: BANGKOK 432 (NGO BELIEVES PREVENTION IS KEY)

REF C: BANGKOK 366 (CHILD SOLDIERS)

REF D: 09 BANGKOK 3046 (THAI BEEF UP IMPLEMENTATION ON TIP)

REF E: 09 BANGKOK 3016 (CONVICTION IN ANOMA LABOR TIP CASE)

REF F: 09 BANGKOK 2821 (RESPONSE TO CRITICS: REGISTRATION)

REF G: 09 BANGKOK 1428 (THAI IMMIGRATION - LABOR ARRESTS)

REF H: 09 BANGKOK 853 (RTG ENGAGES ON TIP IN FISHING)

REF I: 09 BANGKOK 818 (UPDATE ON CASES OF THAI LABOR ABUSE)

REF J: 09 BANGKOK 499 (TIP REPORT INPUT CABLE - 2009)

REF K: 09 BAGKOK 237 (CHILD LABOR INPUT CABLE - 2009)

REF L: Thailand Desk-Embassy email - February 4, 2010



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Sensitive But Unclassified. For Official Use Only.



1. (SBU) Summary: Thailand remains a source, transit, and

destination country for victims of human trafficking (TIP). In

particular, its relative prosperity compared to its neighbors

continues to make it a magnet for economic migrants, many of whom

are poor and undereducated, and therefore desperate for otherwise

undesirable work and vulnerable to exploitation. Faced with a

continuing trafficking problem, the Royal Thai Government (RTG) made

significant efforts to address it over the course of 2009 and made

progress in multiple areas towards meeting the minimum standards

under the TVPA. Along with other TIP-related criminal convictions,

Thai prosecutors successfully convicted offenders in the infamous

"Anoma" case, the first TIP conviction involving Thailand's

fisheries-related industries, to include shrimp processing.

Prosecutions are moving forward in other cases such as "Ranya Paew,"

scheduled for trial in May 2010. The Thai Prime Minister personally

participated in the RTG's broad TIP activities, including by

appearing in a television spot that aims to raise awareness on human

trafficking and chairing multiple meetings of the RTG's

highest-level anti-TIP committee. Other RTG prevention activities

included additional awareness raising media spots for the general

population, targeted trainings/workshops for high-risk groups, and

policy and programmatic efforts to keep all children (including

illegal migrants) in school. The Thai government enhanced its

international partnerships, signing a TIP-related agreement with the

Government of Burma in April 2009 and developed plans of actions

under other existing agreements, such as with Laos and Vietnam. The

RTG also opened three additional TIP shelters specifically for men,

who were recognized under Thai law as potential victims only as of

June 2008. Additional activities continue, including through the

RTG-organized working group on trafficking in the problematic

fishing sector. As with much of the RTG's anti-TIP work, the

working group is multidisciplinary in nature and includes leaders

from civil society. End Summary.



2. (SBU) Answers to questions provided in ref. A, paragraph 25

follow and should be read in conjunction with Post reports on the

Royal Thai Government's (RTG) anti-TIP efforts, Thailand's human

trafficking situation, and related matters (refs B - K):



I) THE COUNTRY'S TIP SITUATION:



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

TRAFFICKING? 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

various Thai government agencies (e.g., Ministry of Foreign Affairs,

Ministry of Social Development and Human Security (MSDHS),the

Anti-Human Trafficking Division (AHTD) of the Royal Thai Police,

Ministry of Labor (MOL),Office of the Attorney General (OAG),

Department of Special Investigation (DSI),etc) as well as from many

NGOs (i.e., the Labor Protection Network (LPN),New Life Center

(NLC),Mirror Foundation (MAF),Human Rights Development Foundation

(HRDF)) United Nations (UN) agencies, and other international

organizations active in Thailand. While most information collected

from these organizations is reliable, information from the media is

not always reliable and must be confirmed by other sources.



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

DESTINATION FOR MEN, WOMEN, OR CHILDREN SUBJECTED TO CONDITIONS OF

COMMERCIAL SEXUAL EXPLOITATION, FORCED OR BONDED LABOR, OR OTHER

SLAVE-LIKE CONDITIONS? ARE CITIZENS OR RESIDENTS OF THE COUNTRY

SUBJECTED TO SUCH TRAFFICKING CONDITIONS WITHIN THE COUNTRY? IF SO,

DOES THIS INTERNAL TRAFFICKING OCCUR IN TERRITORY OUTSIDE OF THE

GOVERNMENT'S CONTROL (E.G. IN A CIVIL WAR SITUATION)? FROM WHERE

ARE PEOPLE RECRUITED OR FROM WHERE DO THEY MIGRATE PRIOR TO BEING

SUBJECTED TO THESE EXPLOITATIVE CONDITIONS? TO WHAT OTHER COUNTRIES

ARE PEOPLE TRAFFICKED AND FOR WHAT PURPOSES? 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

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

Africa, and Europe, and elsewhere including the United States.

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 2009, Thais were found to be trafficked,

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

Bahrain, Malaysia, the Maldives, Singapore, Japan, China, Oman,

South Africa, Timor Leste, the United States, Hong Kong, Brunei,

Taiwan, Vietnam, Germany and Spain. Thai men (along with men from

Burma and Cambodia) were found to be trafficked onto fishing boats

in international waters and rescued from countries such as Malaysia,

Indonesia, and Timor Leste. Most Thai trafficking victims were from

Thailand's northern, northeast and southern regions. They, like most

non-Thai trafficking victims within Thailand, were poor, and lacked

education and employment opportunities in their home communities. As

such, they were willing to take risks when promised better-paid jobs

elsewhere, sometimes using family-owned-land as collateral against

high labor broker/recruitment fees with the hope of being able to

pay off debt with income earned abroad. In September 2009, the Thai

government received several complaints from Thai farm workers in the

northeast who paid recruitment fees of 250,000 baht (7,575 USD) to

engage in agricultural work in Sweden and Poland. After paying the

broker fees, the workers were instead sent to work in slaughter

houses or construction sites, had their passports withheld, and

received less payment than originally promised.



The Foundation for Women reported in June 2009 that, according to a

survey conducted from February 2007 to February 2009, Thai women

trafficked for commercial sexual exploitation were mostly trafficked

to Bahrain (40 percent),Italy (19 percent),Japan (12 percent),

South Korea (9 percent),Germany, the United Kingdom, Australia,

Singapore, and Malaysia.



As a transit country, 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) are found to be

trafficked into Thailand, mostly into urban areas such as Bangkok,

Chiang Mai, Pattaya, Samut Prakarn, Samut Sakhon, and Songkla. The

United Nations Office on Drugs and Crime (UNODC) reported in October

2009 that 32 percent of Lao nationals trafficked to Thailand were

forced into prostitution while another 32 percent were used for

forced labor.



The Mirror Foundation (MAF),an NGO working to combat human

trafficking among street beggars and in the fishing industry,

reported that the number of human trafficking cases reported in



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northeastern Thailand had risen with more than 80 cases reported

from May 2008 to June 2009. However, MAF viewed that the increase

in reports was likely due to growing awareness on TIP among RTG

officials, civil society representatives, and the general public. It

noted that increased reporting does not suggest a greater incidence

of human trafficking.



There was general agreement among UN 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 problems remain.



Evidence suggested that the trafficking of men, women and children

into labor sectors such as commercial fisheries, fishing-related

industries, or domestic 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, the United Kingdom, and Australia.



Past studies by UN agencies and NGOs found evidence of exploitation

(including human trafficking) of Burmese migrants in the seafood

processing sector, sometimes through debt bondage. The United

Nations Inter-Agency Project on Human Trafficking (UNIAP) reported

that migrant workers were found to be vulnerable due to language

barriers and limited knowledge of Thai laws, as well as the

withholding of travel documents, migrant registration cards, and/or

work permits by employers.



According to past 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 that government shelters received and provided assistance

to 609 TIP victims in 2009, 530 foreigners and 79 Thai citizens

(Note: most Thai citizens who received assistance from MSDHS chose

to stay in their own home instead of government shelters. End

Note).



Table 1: Number of Thai TIP victims in government shelters (Jan -

Dec 2009) (Unit: Number of Persons)



Countries Number of Persons

Trafficked to: Assisted

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

Bahrain 39

Japan 16

Malaysia 9

Other 15



Total 79

- --

(Source: Bureau of Anti-Trafficking in Women and Children,

Department of Social Development and Welfare, MSDHS)



The Ministry of Social Development and Human Security (MSDHS)

reported that 530 foreign women, children, and men were classified

as TIP victims in Thailand and received assistance and protection at

MSDHS shelters in 2009. Out of 530 foreign TIP victims, almost

three-fourths (398 victims) were victims of labor exploitation: 175

in factories, 170 in fisheries-related industries, and 53 as

domestic employees. Less than one-fourth (108 victims) were victims

of commercial sexual exploitation. The breakdown by country of

origin and by types of exploitation follows:



Table 2: Number of Foreign TIP victims in government shelters

(Jan-Dec 2009)



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(Unit: Number of Persons)



Nationality Number of persons assisted

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

Cambodia 57

Burma 260

Laos 195

Other 18



Total 530

---

(Source: Bureau of Anti-Trafficking in Women and Children,

Department of Social Development and Welfare, MSDHS)



Table 3: Number of Foreign TIP victims assisted by MSDHS (Jan - Dec

2009)

(Unit: Number of Persons)



Types of exploitation Number of victims

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

Labor in factories 175

Labor in fisheries industry 170

Prostitution 108

Domestic Workers 53

Beggars 16

Others 8



Total 530

---

(Source: Bureau of Anti-Trafficking in Women and Children,

Department of Social Development and Welfare, MSDHS)



The Anti-Human Trafficking Division (AHTD),Royal Thai Police,

reported that AHTD alone (not including other police divisions)

investigated 134 cases of human trafficking. More than half of the

cases involved sexual exploitation and one-fourth of the cases

involved forced labor. Statistics by type of crime follow:



Table 4: Number of TIP investigations by the Anti-Human Trafficking

Division, Royal Thai Police (June 2008-November 2009)

(Unit: Number of cases)



Types of crime Number of cases

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

Forced Prostitution 62

Other forms of sexual exploitation 15

Forced beggars 14

Enslavement 4

Forced labor 36

Blackmail 3



Total 134

---

(Source: Anti-Human Trafficking Division as of January 2010)



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

reported 309 Thai nationals were classified as TIP victims abroad

and repatriated to Thailand with MFA assistance in 2009 (January -

December 2009). The breakdown by destination country follows:



Table 5: Number of Thai TIP victims abroad who were repatriated back

to Thailand (Unit: Number of Persons)

Destination FY 2006 FY2007 FY 2008 CY 2009

(Oct08-Sep09) (Jan-Dec09)

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

Bahrain 236 368 360 216

Singapore 9 14 3 9

Malaysia 39 12 73 36

South Africa 20 3 1 5

Saudi Arabia 0 3 0 0

Hong Kong 2 2 1 2

Japan 3 1 0 5

United Kingdom 5 0 0 0



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Taiwan 0 0 5 1

Maldives 15

China 5

Oman 5

Timor 3

USA 3

Brunei 1

Vietnam 1

Germany 1



Total 397 403 443 309

---

(Source: Department of Consular Affairs, Ministry of Foreign

Affairs)





-- C. TO WHAT KIND OF CONDITIONS ARE THE TRAFFICKING VICTIMS

SUBJECTED?



Thai and foreign victims found themselves in situations of forced or

bonded labor, forced commercial sexual exploitation, domestic

servitude, or other exploitive conditions.



The sectors in which trafficked persons were most commonly found in

Thailand were (in no particular order) 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 or

required by law. In fishing-related industries, workers at times

remained at sea for long periods (3 months to multiple years),did

not receive pay, and were threatened or physically beaten. In the

commercial sex industry, women were at times forced to work with

multiple clients.



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

RISK OF HUMAN TRAFFICKING (E.G. WOMEN AND CHILDREN, BOYS VERSUS

GIRLS, CERTAIN ETHNIC GROUPS, REFUGEES, IDPS, ETC.)? IF SO, PLEASE

SPECIFY THE TYPE OF EXPLOITATION FOR WHICH THESE GROUPS ARE MOST AT

RISK



Migrants, ethnic minorities, and stateless people were more at risk

than Thai nationals. The majority of people trafficked to Thailand

were illegal migrants smuggled into Thailand from Burma, Laos, and

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

Thai, had little knowledge of Thai law, or did not understand how to

access the Thai justice system, according to 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.

Adult male victims were often found in the fishing (and related)

industries.



In November 2009, MSDHS published a list of thirty provinces that

are most at risk for human trafficking, including seven northern

provinces (Chiang Rai, Chiang Mai, Lam Pang, Utaradit, Pitsanulok,

Payao, Phrae),six northeastern provinces (Sa Kaew, Ubon Ratchatani,

Mukdaharn, Udontani, Kon Kaen, Nakorn Ratchasima),four central

provinces (Nakorn Sawan, Samut Sakhon, Samut Prakarn, Sukothai),

four eastern provinces (Prachin Buri, Rayong, Trad, Chantaburi),and

nine southern provinces (Ranong, Surathani, Phuket, Songkla, Yala,

Chumporn, Pattani, Nakorn Sidhammarat, Phang Nga).



In July, 2009, the Thai government began implementing an amnesty

program for illegal migrant workers in Thailand through which

employed migrants from Laos, Cambodia, and Burma could apply for

temporary work permits and must have their nationality verified by



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their government. Those who fail to regularize their status through

participation in the program will be subject to deportation.

Observers in civil society and some of Bangkok's resident UN

agencies acknowledged the program as a positive step taken by the

RTG to protect migrants by bringing them into the formal labor

market, with related benefits such as access to health insurance.

Nonetheless, the Thai government's implementation of the program has

been met by criticism: poor communication to migrant communities,

under-regulation of private companies involved, high fees, and

unrealistic deadlines, among others. The RTG modified aspects of

the program to benefit migrants in response to media and NGO

criticism, but problems remain. Even critics agreed the Burmese

government, by its refusal to allow nationality verification within

Thailand, was to blame for the system that could lead to the

exploitation of migrants. Nonetheless, there were no known cases of

severe exploitation (including human trafficking) of participating

migrants.



-- 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 GAIN DIRECT ACCESS TO

VICTIMS? FOR EXAMPLE, ARE THE TRAFFICKERS RECRUITING VICTIMS

THROUGH LUCRATIVE JOB OFFERS? ARE VICTIMS SOLD BY THEIR FAMILIES,

OR APPROACHED BY FRIENDS OF FRIENDS? ARE VICTIMS "SELF- PRESENTING"

(APPROACHING THE EXPLOITER WITHOUT THE INVOLVEMENT OF A RECRUITER OR

TRANSPORTER)? IF RECRUITMENT OR TRANSPORTATION IS INVOLVED, WHAT

METHODS ARE USED TO RECRUIT OR TRANSPORT 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 small groups

that specialized in certain geographic areas, to more 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. Human smuggling and

the use of false documents were regularly reported in Thailand.



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

and agents in Samut Sakhon indicated that labor brokers were either

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 small groups or 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 another broker/employer, or charging excessive fees for

workers for migrant registration and nationality verification

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) until workers are able to paid off all debts. Some

migrants pay fees before their journey to Thailand and some work to

pay off their recruitment and transportation fees after arriving in

Thailand and beginning to earn income.



According to MAF, which has conducted research of the deep-sea

fishing industry, male trafficking victims were fraudulently

recruited by strangers at transport stations (i.e., train stations

and bus stations) and parks upon arrival in Thailand. Promised

well-paying jobs, the victims were trafficked through labor brokers

into forced labor situations on fishing boats. Some recruiters lured

the victims to entertainment establishments (such as karaoke bars)

where they incurred debt, and then either volunteered or were forced

to work on fishing boats to pay it off. Most traffickers were

individual persons or small groups that specialized in one

geographic area or economic sector, and provided a single service



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such as transportation, forged documents, recruitment, or

accommodation for victims. Traffickers sometimes worked together,

however there appeared to be no formal relationship or rigid

hierarchical pattern within these informal networks. Traffickers

were also reportedly involved in other illegal activities, such as

drugs or weapons trafficking.



Post is not aware of substantiated reports of the selling of victims

by family members in Thailand. However, MAF reported that there were

many cases of Cambodian parents sending their children to beg on the

street of Thailand, leaving them vulnerable to exploitation.



As a source country, AHTD 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.



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



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

PROBLEM IN THE COUNTRY? IF NOT, WHY NOT?



The Thai government acknowledges human trafficking as a serious

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

The Thai government continues efforts to fully implement its

comprehensive 2008 anti-trafficking law. Thai Prime Minister

Abhisit monitored Thailand's human trafficking situation as the

chair of the RTG's Anti-Trafficking in Persons (ATP) committee. In

January 2010, Prime Minister Abhisit was filmed for a short

television spot that aims to raise awareness on human trafficking

and encourage Thais to help combat it by informing authorities when

they see the potential incidents. The spot is expected to air in the

first quarter of 2010.



Under the supervision of the RTG's Coordinating and Monitoring of

Anti-Trafficking in Persons Performance (CMP) committee, MSDHS

continued developing a 2011-2016 national-level policy and plan to

combat human trafficking. In January 2010, the RTG submitted the

draft plan for comment through four public hearings (with

participation by NGOs, academia, and international agencies) in four

locations: Khon Kaen, Chiang Mai, Hat Yai, and Bangkok. After

recommendations are integrated into the national policy and plan, it

will be submitted to the cabinet for approval, hopefully during the

third quarter of 2010, according to MSDHS.



Government agencies, including MSDHS, MOL, OAG, and DSI, made public

announcements that combating human trafficking is a priority area.

The Children and Women Protection Division (CWD) of the Royal Thai

Police (RTP),established in July 2005 as a specialized division for

investigating crimes involving children, juveniles, and women,

changed its name to the "Anti-Human Trafficking Division" (AHTD) in

September 2009 to reflect its shift in priority toward all human

trafficking crimes, including those against men.



Other RTG activities to combat human trafficking in 2009 included:



- Using FY 2010 budgetary funds, the Thai government implemented a

TIP awareness raising campaign, providing training workshops to

youth groups throughout Thailand. It also created a short

informational television spot to raise awareness on the problem of

human trafficking specifically in the fishing industry (the spot

aired on Thai television's channel five).



- MSDHS organized anti-TIP training sessions specifically for

"competent officials," as defined by the 2008 TIP law and relevant

subordinate regulations. Ministry officials noted training sessions

have taken and will take place from December 2009 to March 2010 and

expect at least 1,000 participants.



- On June 5, MSDHS organized activities to mark the one-year

anniversary of Thailand's comprehensive TIP law. Local media,

including the widely-read newspapers Thai Rath and Siam Rath,

covered the main awareness raising event in Bangkok, attended by



BANGKOK 00000468 008.2 OF 044





approximately 150 officials from governmental and non-governmental

organizations. Select MSDHS provincial-level offices also hosted

awareness raising events in cooperation with NGOs such as World

Vision.



- On June 12, the RTG partnered with the International Labor

Organization (ILO) to commemorate World Day against Child Labor

(WDACL). The related event organized in Bangkok was covered by

various television, print, and radio news outlets. In addition to

the Bangkok event, the RTG and ILO organized events in Tak and

Pattani on June 12 and 18, respectively. At the event in Tak,

attended by approximately 1,500 individuals, Thailand's Vice

Minister of Education Chaiwut Bannawat gave a speech regarding the

RTG's "education-for-all" policy, i.e., for all children including

those of non-Thai migrants and ethnic minority groups resident in

Thailand.



- The RTG set up a working group on human trafficking in the fishing

industry which met at least nine times, and as recently as January

2010. (Note: The working group is under the auspices of the

Coordinating and Monitoring of Anti-Trafficking in Persons Committee

(CMP),chaired by a Deputy Prime Minister, and consists of

government and non-government officials (from both for-profit

companies and non-profit organizations including MAF and LPN). The

CMP reports to Thailand's Anti-Trafficking in Persons Committee

(ATP),chaired by the Prime Minister. End Note.). The working group

developed recommendations on how to combat human trafficking in the

fishing sector. The recommendations (on areas such as improved

regulations of boats, possible changes to law and regulation, and

awareness raising activities) require the review of the two

committees.



- Regarding the implementation of article 37 of Thailand's

anti-human trafficking law that authorizes, in certain

circumstances, the provision allowing TIP victims to temporarily

work in Thailand (presumably outside shelters): MSDHS requested that

the Thai Council of State determine whether article 37 of the TIP

law supersedes provisions of other relevant laws (i.e., the

Immigration Act and Alien Employment Act),thereby allowing for

victims to receive work permits immediately. The Council of State

responded in December 2009 that article 37 conflicts with other Thai

laws, thereby requiring legal changes before the article 37

provisions can be fully implemented. MSDHS officials continue

developing work opportunities for TIP victims within Thai shelters

(such as handicraft making) so that victims can receive income while

they are housed in shelters. MSDHS officials continued seeking to

develop procedures to allow certain victims to work outside

shelters, noting that such decisions would likely be made on a case

by case basis and take into consideration possible threats to the

safety and security of the victim. In some instances, male TIP

victims were allowed to work outside of shelters at construction

sites during the day and return to the shelters at night (Note: it

is unclear whether these individuals held Thai work permits. End

Note.). There were other reported occasions in which local

officials allowed victims to work outside shelters on a case by case

basis.



- The RTG established a working group regarding fraudulent marriages

between Thai women and foreign nationals, due to its assessment that

the area represents an increased risk factor for human trafficking.

The working group developed guidelines for government officials who

counsel women who contact them (for instance, when applying for a

passport) when making arrangements to marry foreigners through

marriage services providers.



-- B. WHICH GOVERNMENT AGENCIES ARE INVOLVED IN EFFORTS TO COMBAT

SEX AND LABOR TRAFFICKING - INCLUDING FORCED LABOR - AND, WHICH

AGENCY, IF ANY, HAS THE LEAD IN THESE EFFORTS?



Thailand's 2008 TIP law stipulated the establishment of 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. In 2009,



BANGKOK 00000468 009.2 OF 044





the ATP and CMP conducted three and six meetings respectively. The

ATP's priority in 2009 was the development of the 2011-2016 national

policy and plan to combat human trafficking; a policy and plan to

combat human trafficking in the fishing industry; and the

development of a human trafficking database. Activities supervised

by the CMP in 2009 included formal international cooperative efforts

on TIP (e.g., through the UN's Coordinated Mekong Ministerial

Initiative Against Trafficking (COMMIT) process and the development

of memoranda of understanding, such as with Burma); the development

of guidelines for law enforcement officers to improve coordination

on prosecutions; the development of a training curriculum for

"competent officials" under the TIP law; the development of

guidelines to help prevent fraudulent marriages between Thai women

and foreign nationals; and the creation of a working group focused

on the U.S. Department of State's TIP report.



The government agency responsible for coordinating the RTG's broad

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

Security (MSDHS). Specifically, 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 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.

Office of Welfare Promotion, Protection and Empowerment of

Vulnerable Groups under the MSDHS is also responsible for training

for the multidisciplinary teams and "competent officials" under the

Anti-TIP Act as well as awareness raising campaigns nationwide to

prevent human trafficking.



Other RTG entities include the Ministry of Labor (MOL),the Ministry

of Tourism and Sports, the Ministry of Interior, the Ministry of

Foreign Affairs (MFA),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 Office of the Attorney General, 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. MSDHS takes the lead on victim protection and

prevention efforts. The MOL takes the lead on labor trafficking

prevention and the protection of worker's rights (through

inspections). According to a UN official, the Ministry of Education

conducted child-specific prevention activities by raising awareness

among children.



With regards to investigation and prosecution, the Anti-Human

Trafficking Division: AHTD (formerly known as Children and Women

Protection Division) of the Royal Thai Police (RTP) is the

specialized police division for investigating human trafficking

crimes. The revitalized AHTD is structured as six units consisting

of approximately four hundred police officials. 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.

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) under the Ministry of

Justice designated four full-time officers to work specifically on

human trafficking. While DSI cannot investigate specific cases

without approval from the DSI board, the agency worked to develop a

database on trafficker networks with the goal of understanding human

trafficking. In 2009, DSI was reportedly involved in investigating



BANGKOK 00000468 010.2 OF 044





at least eight human trafficking-related cases.



UN and NGO staff working closely with the RTG commented that RTG

anti-TIP trainings since 2008 started to show significant impact in

2009 in terms of better coordination and understanding on human

trafficking among RTG officials. Other NGOs noted that much work

remains as this increased understanding is not found in most

frontline implementers, especially local police due to frequent

personnel rotations.



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

ADDRESS THESE PROBLEMS 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, demand for sexual services in

the tourism and entertainment sectors, and a strong 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.



Language barriers hampered the RTG's ability to work with non-Thai

TIP victims, whether to provide protection or facilitate

prosecution. In an effort to remedy the situation, the RTG (with

support from NGOs (such as World Vision) and international

organizations (such as the International Organization for Migration

(IOM) and UNIAP) developed a list of qualified interpreters to help

communicate with victims in government shelters and the RTG's

anti-TIP hotline.



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 were understaffed and lack

sufficient resources to effectively see cases through to conclusion.

The justice system remained slow in its handling of all criminal

cases, including TIP crimes. Resources for labor inspection, both

financial and human, within the Ministry of Labor were also limited.

Observers reported that cooperation between police and prosecutors

to effectively bring TIP (and other) cases to successful prosecution

is an area requiring continued improvement.



According to one (well-informed) NGO, the fact that most traffickers

are individuals or small groups only loosely working together and

who are often illegal migrants themselves makes law enforcement

efforts difficult. The NGO opined that local-level police have

difficulty tracing, or are not eager to trace, entire trafficking

networks since they often involve activity outside their

jurisdiction.



-- 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



BANGKOK 00000468 011.2 OF 044





an annual report regarding Thailand's TIP situation, including

guidelines for future activities.



In 2009, the RTG, led by the Anti-Trafficking in Persons Committee

(ATP) chaired by the Prime Minister, agreed upon a plan to develop a

comprehensive trafficking database including data from three key

areas: victim assistance, protection, and prosecution. A working

group tasked with developing the database and including

representatives from relevant agencies reported difficulties in

linking data from different government agencies (i.e., the existing

police database system does not include that of other agencies such

as MSDHS, the shelters of which maintain victim information in paper

form).



In 2009, the RTG hired an independent research team from Sukothai

Tammatirach University to conduct an evaluation of the RTG's

2005-2010 national policy and plan to combat human trafficking. In

addition, the RTG makes information on its anti-TIP activities

available through the COMMIT process through which senior officials

from six Greater Mekong Subregion (GMS) countries meet to share

achievements and lessons-learned from anti-trafficking projects

implemented within their countries.



With regards to law enforcement, the Transnational Crime

Coordination Center (TCCC),was set up within the Royal Thai Police

as a specialized unit responsible for collecting and analyzing

information, strategic planning, and coordinating work on eleven

types of transnational crimes (including human trafficking).

However, TCCC remains reliant on other agencies in the Royal Thai

Police to collect information and populate its databases, thereby

creating an operational challenge. Nonetheless, observers noted

eagerness on the part of various police elements to collaborate in

this area.



-- E. WHAT MEASURES HAS THE GOVERNMENT TAKEN TO ESTABLISH THE

IDENTITY OF LOCAL POPULATIONS, INCLUDING BIRTH REGISTRATION,

CITIZENSHIP, AND NATIONALITY?



For Thai citizens, the Civil Registration Act 1991 requires that

parents register birth notifications (Tor Ror 1/1) with

district-level administrative offices within 15-30 days of the date

of birth of a child. The district administration then issues a birth

certificate (Tor Ror 3) that includes a thirteen-digit personal

identification number.



For non-Thai citizens (both legally and illegally in Thailand),

parents can register birth notifications (Tor Ror 1/1) to certify

that the child is born in Thailand. Only the child of legal migrants

from three neighboring countries (Lao, Cambodia, Burma) who were

temporarily allowed to work in Thailand can receive a birth

certificate of non-Thai nationality, along with a thirteen-digit

personal identification number. The child's name is then added to

the list of residents in a home as part of a required home

registration.



A significant but indeterminate number of stateless persons resided

in Thailand. In accordance with Thai law, children born in Thailand

before 1992 to illegal immigrant parents who entered Thailand after

October 1985, are eligible to apply for Thai citizenship. The law

also empowers local officials to make determinations of these

citizenship claims instead of the Ministry of Interior as in the

past. This change significantly reduces processing time and the

complexity of the application process.



Specifically, the 2008 Nationality Act allows children who are born

in Thailand to stateless parents to apply for citizenship with proof

of birth place. However, because of poverty and restricted mobility

of highlanders, documentation and evidence of birth was usually

difficult to provide. In addition, those stateless persons who were

born in the country and who may be able to prove citizenship

eligibility often waived that privilege to classify themselves as

"migrants" and gain access to certain jobs unavailable to stateless

persons. In doing so, however, these individuals lost any basis for



BANGKOK 00000468 012.2 OF 044





citizenship eligibility that they previously held. The 2008 law

allows these individuals to reclaim their eligibility, i.e. to

develop their legal personal status, provided they relinquish

migrant worker status, i.e. give up their work permits.



With regard to refugees, parents inform camp committees of the birth

of a child after which district officers (or camp commanders if

authority is delegated to them) issue a birth notification (Tor Ror

1/1),certifying the birth of a child. While there is a law that

allows the Thai government to issue the birth certificate (Tor Ror

3),in practice, the Ministry of Interior is not yet be able to

issue the birth certificate for refugee children dut to technical

problems.



-- F. TO WHAT EXTENT IS THE GOVERNMENT CAPABLE OF GATHERING THE DATA

REQUIRED FOR AN IN-DEPTH ASSESSMENT OF LAW ENFORCEMENT EFFORTS?

WHERE ARE THE GAPS? ARE THERE ANY WAYS TO WORK AROUND THESE GAPS?



While making efforts to do so, the RTG's data on law enforcement

efforts is not fully integrated. Government shelters, the police,

and the Office of the Attorney General, as well as the Thai Courts

(a separate branch of government) use different applications to

collect data. An RTG team is working to develop an integrated

database combining the victim assistance database, prosecution

database, and the protection database (see answer to question

II(D)).



III) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:



FOR QUESTIONS A-D, POSTS SHOULD HIGHLIGHT IN PARTICULAR WHETHER OR

NOT THE COUNTRY HAS ENACTED ANY NEW LEGISLATION SINCE THE LAST TIP

REPORT.



-- A. EXISTING LAWS AGAINST TIP...PLEASE PROVIDE A FULL INVENTORY OF

TRAFFICKIGN LAWS, INCLUDING NON-CRIMINAL STATUTES THAT ALLOW FOR

CIVIL PENALTIES AGAINST ALLEGED TRAFFICKING CRIMES...



In 2009, the RTG approved various subordinate regulations to

Thailand's 2008 anti human trafficking law (Anti-TIP Act),all of

which improved the legal/regulatory framework to combat exploitative

labor, including of children. The regulations provide clear

guidelines and instructions for relevant officials in implementing

the 2008 human trafficking act. The regulations under the Anti-TIP

Act:



- establish rules regarding the protection and usage of documents or

information related to TIP offenses (November 2008),

- establish norms on the registration of non-governmental

organizations (NGOs) and the assistance they provide during anti-TIP

Operations (March 2009),

- establish, and manage the operation of an Anti-Trafficking in

Persons Fund to finance anti-TIP programs (an older TIP fund could

be used for victim assistance but not other activities such as

awareness raising)(May 2009),

- govern the provision of temporary protection for trafficking

victims (October 2009),

- establish rules governing TIP victim assistance, repatriation, and

compensation (October 2009),and

- define "competent official" to determine which official has

authority to perform certain duties under the law (April 2009).



The Thai government's 2009-2014 National Plan of Action on

eliminating the worst forms of child labor (NPP) was approved by its

national committee on September 29, 2008 and by the Thai cabinet on

January 28, 2009. The National Plan of Action identifies "bad" forms

of child labor, which include: all forms of slavery, debt bondage,

forced or compulsory labor including forced or compulsory

recruitment of children for use in armed conflict, commercial sex

work, including participation in pornographic movies and still

photographs; and labor involving the sale or transport of illegal

drugs (in line with ILO Convention 182). The NPP addresses five

strategic goals, including 1) the prevention of the worst forms of

child labor (WFCL) 2) the protection and withdrawal of children from



BANGKOK 00000468 013.2 OF 044





the WFCL 3) effective law enforcement and improvement of relevant

legislation 4) knowledge development and capacity building 5) the

development of an administrative system.



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 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.



Criminal Code (1956)

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

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

traffics, distributes, or transports a man 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 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.



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



BANGKOK 00000468 014.2 OF 044





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

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 (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



BANGKOK 00000468 015.2 OF 044





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 THE TRAFFICKING OF PERSONS FOR

COMMERCIAL SEXUAL EXPLOITATION, INCLUDING FOR THE FORCED

PROSTITUTION OF ADULTS AND THE PROSTITUTION OF CHILDREN?



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).



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. End Note.)

- 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



BANGKOK 00000468 016.2 OF 044





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 LABOR TRAFFICKING OFFENSES,

INCLUDING ALL FORMS OF FORCED 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 COMPELLED

SERVICE IN THE DESTINATION COUNTRY? IF YOUR COUNTRY IS A

DESTINATION FOR LABOR MIGRANTS (LEGAL/REGULAR OR ILLEGAL/IRREGULAR),

ARE THERE LAWS PUNISHING EMPLOYERS OR LABOR AGENTS WHO CONFISCATE

WORKERS' PASSPORTS OR TRAVEL DOCUMENTS FOR THE PURPOSE OF LABOR

TRAFFICKING, SWITCH CONTRACTS WITHOUT THE WORKER'S CONSENT AS A

MEANS TO KEEP THE WORKER IN A STATE OF COMPELLED SERVICE, OR

WITHHOLD PAYMENT OF SALARIES AS MEANS OF KEEPING THE WORKER IN A

STATE OF COMPELLED 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:

- 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. End Note.)

- 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 of 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

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



BANGKOK 00000468 017.2 OF 044







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 baht (USD 2,857) 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

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

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 a victim 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

lifetime imprisonment or between 7-20 years imprisonment;

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

lifetime 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 imprisonment not

exceeding 5 years or fines 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 imprisonment not

exceeding 7 years or fines not exceeding 14,000 baht (400 USD)or

both.



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

ASSAULT? (NOTE: THIS IS NECESSARY TO EVALUATE A FOREIGN

GOVERNMENT'S COMPLIANCE WITH TVPA MINIMUM STANDARD 2, WHICH READS:

"FOR THE KNOWING COMMISSION OF ANY ACT OF SEX TRAFFICKING... THE

GOVERNMENT OF THE COUNTRY SHOULD PRESCRIBE PUNISHMENT COMMENSURATE

WITH THAT FOR GRAVE CRIMES, SUCH AS FORCIBLE SEXUAL ASSAULT (RAPE)."

END NOTE)



Since 2008, the RTG has 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:

-In the case of forced rape or forcible sexual exploitation, 4-20

years imprisonment or fines from 8,000-40,000 baht (229-1,143 USD).

If an offender uses a weapon or is involved in a group rape, 15-20

years imprisonment and fines between 30,000-40,000 baht (857-1,143

USD),or life imprisonment.





BANGKOK 00000468 018.2 OF 044





-- Section 277:

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 from 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 from 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 TAKE LEGAL

ACTION 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 TRAFFICKING OFFENDERS 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). WHAT WERE THE ACTUAL PUNISHMENTS IMPOSED ON CONVICTED

TRAFFICKING OFFENDERS? ARE THEY SERVING THE TIME SENTENCED? IF NOT,

WHY NOT?



The RTG does not yet have an integrated database system that

includes information from the police, prosecutors, and courts.

While government shelters under MSDHS maintain victim case records,

they monitor the progress of prosecution efforts through the

criminal court level but not through the appeals process to higher

courts. As such, comprehensive data on law enforcement efforts is

not readily available. Nonetheless, in 2009 the RTG's

Anti-Trafficking in Persons Committee (ATP) agreed upon a plan to

develop a comprehensive trafficking database (see details in II(D)).

The RTG did provide data on law enforcement efforts as follows:



The Anti-Human Trafficking Division (AHTD),Royal Thai Police,

reported that AHTD alone (not including other police divisions)

investigated 134 cases of human trafficking. More than half of the

cases involved sexual exploitation and one-fourth of the cases

involved forced labor. Statistics by type of crime follow:



Table 4: Number of TIP investigations by the Anti-Human Trafficking

Division, Royal Thai Police (June 2008-November 2009)

(Unit: number of cases)



BANGKOK 00000468 019.2 OF 044







Types of crime Number of cases

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

Forced Prostitution 62

Other forms of sexual exploitation 15

Forced beggars 14

Enslavement 4

Forced labor 36

Blackmail 3



Total 134

---

(Source: Anti-Human Trafficking Division as of January 2010)



The Office of the Attorney General (OAG) reported that in FY 2009,

it received 19 cases involving human trafficking crimes, 17 of which

the OAG initiated prosecutions and two of which the OAG declined to

prosecute. In FY 2010, it has initiated prosecutions in eight cases

received.



Number of TIP prosecutions by the OAG (FY 2008-FY 2010)

(Unit: case)

Fiscal year Received Initiate Prosecution Declined

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

2008 28 18 10



2009 19 17 2



2010 8 8 0

- - -

(Source: Office of Attorney General (OAG))





Examples of TIP cases investigated and prosecuted (both open and

complete) in 2009, as well as details of other TIP-related cases

with new information during 2009, follow (note: case titles are

Post's own and not used officially by the RTG. Cases are not listed

in any particular order.):



Anoma

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

In March 2008, the Anoma shrimp factory in Samut Sakhon was raided

by Thai police, with 73 workers classified by Thai authorities as

trafficking victims (38 adults and 35 children under age 17). The

Thai police inspector's office of the city district of Samut Sakhon

completed the investigation into the Anoma factory case and filed it

with the Office of Attorney General of Samut Sakhon on August 19,

2008. The Police filed civil and criminal charges against two Thai

citizens in the case: the owner of the Anoma factory and her brother

the factory manager. The Office of the Attorney General submitted

the case on September 10, 2008, to the responsible criminal court.

On November 26, 2009 the court convicted and sentenced the two

offenders; one offender to five years in prison and a 1 million baht

fine, and the second offender to eight years in prison and a 2

million baht fine. The defendants were convicted under relevant

sections of Thailand's Immigration Act and Measures in Prevention

and Suppression of Trafficking in Women and Children Act, Criminal

Code, Alien Employment Act, Immigration Act, and Labor Protection

Act. The conviction was significant as it was the first human

trafficking conviction involving Thailand's fisheries-related

industries, which includes shrimp processing.



Payao

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

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 ages 11 to 18. The two individuals

arrested were charged with human trafficking, procurement for the

purpose of prostitution and harboring of illegal immigrants. One of

the arrestees, the owner of the establishment, has since died from

disease. Criminal proceedings continue against the other with

witness testimony taken in February 2010. Prosecutors are also



BANGKOK 00000468 020.2 OF 044





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

victim.



Ranya Paew

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

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. The police

interviewed 66 victims and other witnesses between December 2006 and

March 2008 before filing with prosecutors. In July 2008, they filed

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 trial is set to begin in a Bangkok criminal court

on May 18, 2010.



Pancake

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

In October 2009, a NGO received a report that a 17 year-old Burmese

boy from Mae Sot, Tak had been kidnapped and forced to work in a

rotee pancake shop in Fang, Chiang Mai. The boy had escaped after

being forced to sell pancakes without pay and often physically

assaulted by his employer. The NGO informed law enforcement

authorities of the case through the multi-disciplinary team of

government and non-governmental officials in Chiang Mai, after which

police issued a warrant for the arrest of the business owner on

charges of kidnapping, taking a minor away from a parent, forced

labor, and human trafficking. The boy is being cared for in a

shelter.



Flower Girl

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

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

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

trafficking. A second individual, a man, was arrested in the

following weeks. The victim, a 16 year-old Burmese girl, was forced

to sell flowers at night in Bangkok since age 10. The victim

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

received an unconfirmed report that a criminal court convicted the

two offenders for physical abuse of a child and providing shelter to

an illegal migrant (we will follow septel should new information

become available).



Trang: November 23

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

On November 23, officers from DSI, Immigration police, local police,

MSDHS, and the Ministry of Labor, along with representatives from

NGOs LPN and MAF jointly rescued 51 Burmese workers from a locked

room at a port in Kantang district, Trang province, presumably to be

used as laborers on fishing vessels. 15 individuals were identified

as human trafficking victims and 26 were identified as potential

trafficking victims, all of whom were taken to government shelters

in Songkla and Ranong. The police reportedly arrested one (Burmese)

man at the time of the rescue who was guarding a door behind which

the victims were found. Police later arrested a local port operator

for providing shelter to illegal immigrants. In January 2010, a

court sentenced the guard to 2 years imprisonment for human

trafficking (he did not contest the charges, thereby receiving this

reduced sentence). The port operator was fined 40,000 baht for

providing shelter to illegal migrants. Local police are reportedly

continuing the investigation to facilitate the arrest of additional

individuals, including the three Burmese brokers who brought the

victims from Burma to Thailand.



Trang: April 22

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

On April 22, 2009, the Department of Special Investigations (DSI),

Immigration police, and officials from the Trang Provincial MSDHS

office rescued two ethnic Rohingya victims of trafficking who were

brought to a RTG shelter in Songkla Province. Law enforcement



BANGKOK 00000468 021.2 OF 044





questioned 10 Burmese and one Thai in the raid, charging one of the

Burmese (a labor broker) for human trafficking under section 6(1) of

the Anti-Human Trafficking Act. Other Burmese were charged with

illegal entry. The owner of the house was charged with providing

shelter for illegal migrants under the Immigration Act and hiring

illegal migrants to work under the Alien Employment Act.



Laos Garland Factory

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

On May 17, 2009 the Thai Immigration police raided a small

garland-making factory (located in a home) in Samut Sakhon, rescuing

nineteen Laotian girls and young women, ages 12-20, who the police

consider victims of human trafficking. The Immigration police

arrested the two factory owners, Mr. Kasem Pensuk and Mrs. Tawanrat

Sukprasertngam, on charges of human trafficking, child labor, and

receiving/sheltering illegal immigrants. The Immigration Police and

Ministry of Social Development and Human Securities (MSDHS)

officials became aware of the case through another Laotian girl who

had escaped the factory. All twenty victims (including the

escapee),after being cared for at a Thai government shelter, were

repatriated on September 24, 2009. Prosecutors have taken pre-trial

statements in the criminal case. In a civil settlement, the

employer agreed to pay a total of 642,308 baht to the workers.



Samaesan

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

On October 11, DSI, Thai Police (Region 2),marine police,

provincial social workers from the Ministry of Social Development

and Human Security (MSDHS),and representatives from Thai NGOs

Mirror Foundation and LPN jointly rescued 18 Burmese laborers who

were forced to work in fishing boats in Samaesan, Sataheep, in

Chonburi province. The operation resulted in the arrest of three

offenders. Mr. Mongkun Boonchosri (44),and Ms. Tinchoey (47) were

charged with human trafficking, detaining and confining, forcing

children under 18 to work, forcing people into slave labor, and

providing shelter to illegal migrants. Ms. Tinchoey and Mr. Aabapha

(36) were also charged with attempting to bribe officers in an

effort to avoid arrest. All 18 victims were sent to MSDHS' Chonburi

Children and Family Home. In preliminary interviews with government

officials, the victims explained they were forced to work on the

vessel in order to pay off broker fees and, if the boat captain was

not satisfied with their work, the victims were beaten. They also

reported being locked in a room (on shore) against their will when

the boat was docked and to being forcibly taken on board again when

the boat departed. The AHTD police continue to investigate the

case.



Vietnamese

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

In August 2009, Department of Special Investigation (DSI) officers

rescued eight Vietnamese women and girls (ranging in ages from

seventeen to twenty-one) from forced prostitution in a hotel in the

Betong district of the southern province of Yala. The raid took

place after Vietnamese officials informed Thai counterparts of what

they had learned of the case in Vietnam. The officers arrested one

woman for forced prostitution. The victims had been told that they

were going to work in restaurants in Singapore; instead, they were

brought to Thailand and forced to work as prostitutes. The victims

are receiving services in a Thai government shelter, reportedly

cooperating with the ongoing investigation by the AHTD.



Moo Baan Factory

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

On July 19, 2009, the Migrant Karen Labor Union (MKLU) received

information from a worker in a shrimp peeling factory in Samut

Sakhon regarding the forced labor of Burmese migrant workers who

worked for approximately USD 1.50 per week. The workers reportedly

were moved from off-site living quarters to the factory in a locked

container truck daily (approximately ten minute drive). According

the informant who had worked for six months at the factory, on July

15, 2009, he and thirteen other workers escaped the factory,

although ten of them were caught and brought back to the work place.

With this information from the NGO, Thai authorities raided the



BANGKOK 00000468 022.2 OF 044





factory on July 31, 2009 and rescued 52 Burmese migrant workers. The

employer, his wife, and three other individuals were arrested after

the raid. 15 female victims were taken to the Baan Kredtrakarn

shelter in Nonthaburi Province and 20 other female victims were

taken to a separate shelter. 13 male victims were taken to a

shelter in Pathom Thani province (reportedly, only one of the

thirteen male victims remained in the shelter, the others having

been repatriated back to Burma or having run away). According to a

police official and an NGO with knowledge of the case, prosecutors

are moving forward with the case against the factory owner and are

taking witness testimony. Ministry of Labor officials worked with

the victims on a civil case to seek compensation for unpaid wages.





Italy

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

On May 29, 2009, a criminal court sentenced a Thai woman to 18 years

imprisonment for trafficking three women from Thailand's Si Sa Ket

to Italy, where they were forced to work as prostitutes. The court

also ordered the offender to pay the victims a total of 1.5 million

Thai baht in compensation. The victims, all adult women, were lured

to Europe with the promise of well-paid jobs as house maids. After

arriving in Milan via Vienna in February 2006, the women were forced

to work as prostitutes until Italian police rescued the women and

repatriated them back to Thailand in August 2006. The offender was

arrested in Si Sa Ket in July 2007 after she returned from Italy.



South Africa

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

On June 30, 2009, a criminal court sentenced three women to seven

years and six months in prison for trafficking two women for the

purpose of sexual exploitation in South Africa in 2006. The victims

had paid the offenders 30,000 baht to bring them to what they

thought would be a job in a bar. When they arrived in South Africa,

the victims were forced to work as prostitutes. The victims escaped

and were assisted by the Thai Embassy. Law enforcement officers then

investigated and arrested the offenders.



Bahrain

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

On October 8, 2009, a criminal court sentenced a thirty-year old

Thai male to seven years in prison for trafficking four women for

the purpose of prostitution in Bahrain. Each victim had paid the

offender 150,000 baht (USD 4,545) for what they thought were

waitressing jobs in a Thai restaurant in Bahrain. After they

arrived, the women were forced to work as prostitutes.



Supanburi

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

On August 10, 2009, a criminal court sentenced a factory owner to

death for the June 2007 death of a Karen migrant worker who

attempted to flee a factory in Supanburi Province. The worker had

been subjected to forced labor and severe physical abuse; the

factory owner was charged with murder and with providing work and

shelter to illegal migrant workers. The case is currently under

appeal.



Waraporn

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

In March 2008, officials from CWD raided a shrimp-processing

facility in Samut Sakhon province and identified 20 victims (out of

approximately 300 interviewed) as trafficking victims. A local NGO

called in to assist the victims with interpretation services

reported the raid and screening process were not conducted well,

raising concerns potential victims were not identified.

Nevertheless, the case is proceeding in the Thai court system with

pre-trial statements completed on July 14, 2009. Ministry of Labor

officials continue gathering information to support civil penalties.





Prapha Navee

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

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



BANGKOK 00000468 023.2 OF 044





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 reportedly took over the case as the original

criminal investigation stalled with arrest warrants issued only in

the nicknames of the fishing boat captains involved. To date, no

arrests have been made. Law enforcement officials have stated that

the disposal of corpses at sea is a significant problem for the

investigation, since Thai law requires presentation of a corpse or a

part of a corpse to sustain a homicide charge. They also noted

potential witnesses were uninterested in testifying.



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

ENFORCEMENT AND IMMIGRATION OFFICIALS ON IDENTIFYING AND TREATING

VICTIMS OF TRAFFICKING? OR TRAINING ON INVESTIGATING AND

PROSECUTING HUMAN TRAFFICKING CRIMES? SPECIFY WHETHER NGOS,

INTERNATIONAL ORGANIZATIONS, AND/OR THE USG PROVIDE SPECIALIZED

TRAINING FOR HOST GOVERNMENT OFFICIALS.



In 2009, the RTG revised and redistributed guidelines (in Thai) on

trafficking victim identification. The guidelines had been developed

in 2008, 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).



MSDHS organized anti-TIP training sessions specifically for

"competent officials" (including social workers, police,

immigration, public health officer) as defined by the 2008 Anti-TIP

law and the relevant subordinate regulation. The training involves

an exam that officials must pass prior to being designated a

"competent officials." The Ministry expects at least 1,000

individuals will participate in the training sessions taking place

from December 2009 to March 2010.



In addition, the Thai Ministry of Labor in 2009, with support from

the ILO, conducted two training sessions in Thailand's upper North

and the Central region on the "Operational Guidelines for Labor

Trafficking," finalized in April 2008. Approximately 35 individuals

participated in each session. 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).



The OAG conducted training sessions on Thailand's Anti-TIP for 600

public prosecutors from March 2008 to March 2009, and held a joint

seminar on human trafficking with counterparts from Laos. From July

20-24, the Asia Regional Trafficking in Persons Project (ARTIP)

partnered with the OAG on a training workshop for thirty public

prosecutors aimed at improving the prosecution of TIP crimes.



-- 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.



The Thai government cooperated broadly with other governments on TIP

activities during the reporting period, including in the

investigation and prosecution of TIP crimes (see examples of



BANGKOK 00000468 024.2 OF 044





specific cases investigated and prosecuted in the answer to question

E above).



As an example of cross-border cooperation, under existing MOUs, the

RTG conducts regular meetings (at three levels) with the Lao and the

Burmese government. The first level "case conference" meetings

occur in the event of a new case of cross-border trafficking, or an

update on an old case. At the meetings, social workers from Lao or

Burma interview trafficked victims in order to obtain information

for tracing their families and to assist coordination with the RTG

on the victim's repatriation. The second level "case management

meetings" between senior officials from the RTG and Lao or Burmese

government are conducted at least every three months, with funding

from the IOM. Thailand, Laos, and Burma take turns hosting the

meetings that aim to solve implementation problems found through

case conferences. Should recommended policy changes or revised

procedures be identified through these meetings, the RTG takes them

up at memorandum of understanding (MOU) plan of action meetings

through the UN-organized "COMMIT process." Reportedly, the

government of Vietnam favors this model and is working with the RTG

to develop one.



Key and updated information on the Thai government' MOUs, bilateral

and multilateral, though which it cooperates on TIP issues follow

(from MSDHS and UN sources):



-- Greater Mekong Subregion (GMS): the MOU on the UN's COMMIT

process 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 seven 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 7) Cooperation with the

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

countries agreed to invite Malaysia to join the Initiative.



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

Cooperation for Eliminating Trafficking in Children and Women and

Assisting Victims of Trafficking, was signed on May 31, 2003. The

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

prosecution process guidelines and 3) information sharing.



-- 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. A

Plan of Action (POA) phase II (2010-2012) was finalized in September

2009. Key aspects of POA phase II include the exchange of

information and knowledge on law enforcement and prosecution; the

development of twin border cities; and reintegration support.



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

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

19,

2009, governments of both nations agreed to a joint plan of action

that includes setting up a bilateral working group to combat human

trafficking, conducting an assessment of the bilateral human

trafficking situation and providing recommendations for preventive

measures, collaborating on the provision of protection and

repatriation of TIP victims, and expanding the sharing and exchange

of information on TIP in general. Teams from both countries are

drafting standard operating procedures to assist trafficking

victims, which are expected to be finalized in 2010.



-- Burma: On April 24, 2009, the RTG and Burmese government signed

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

covers areas such as prevention, protection, recovery and

reintegration of victims, and law enforcement and prosecution



BANGKOK 00000468 025.2 OF 044





collaboration. A related plan of action under the MOU was concluded

on August 6, 2009 and calls for:

(i) the establishment of a joint task force,

(ii) an assessment of the bilateral human trafficking situation (to

begin in the first quarter of 2010).

(iii) coordination of multidisciplinary training on victim

protection (MSDHS will host training sessions for officials from

Thailand and Burma in the first quarter of 2010; MSDHS is developing

a TIP training curriculum for interpreters who provide services in

TIP cases and plans to provide training in 2010.

(iv) improved reintegration mechanisms.



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

Malaysia sign a draft MOU on Cooperation to Combat Trafficking in

Persons. The Malaysian government returned a draft MOU to Thailand

for consideration in July 2009.



-- 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. The final draft was reviewed by both sides in December 2009

and it is expected to be signed in 2010. 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.



-- Japan: The RTG and the Japanese government are reportedly working

to set up a bilateral anti-human trafficking task force to develop a

formal MOU and standard operating procedures on victim protection

and reintegration.



-- H. DOES THE GOVERNMENT EXTRADITE PERSONS WHO ARE 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 Office of the Attorney General (OAG),Thailand did

not make any TIP-related extraditions in 2009. However, the RTG

granted the TIP-related extradition concerning an American citizen,

ordering his removal to the United States following his completion

of a sentence of imprisonment in Thailand for related conduct. The

RTG also deported multiple American citizens wanted in the United

States in child exploitation cases, including for child sex tourism.

The OAG also reported that it requested legal assistance on one

TIP-related case and received three mutual legal assistance requests

from other countries.



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

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

EXPLAIN IN DETAIL.



There were some reports (such as by Human Rights Watch) of local

officials involved in the abuse of migrants, including forced labor.

There was no information indicating that there was any tolerance

for trafficking at an institutional level.



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

WHAT STEPS HAS THE GOVERNMENT TAKEN TO END SUCH COMPLICITY? PLEASE

INDICATE THE NUMBER OF GOVERNMENT OFFICIALS INVESTIGATED AND

PROSECUTED FOR INVOLVEMENT IN TRAFFICKING OR TRAFFICKING-RELATED

CRIMINAL ACTIVITIES 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.



BANGKOK 00000468 026.2 OF 044





Post was not aware of government officials investigated or

prosecuted for involvement in trafficking or trafficking-related

corruption during the reporting period.



-- K. FOR COUNTRIES THAT CONTRIBUTE TROOPS TO INTERNATIONAL

PEACEKEEPING EFFORTS...



Per Ref. A, paragraph 29, not applicable.



-- L. 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

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 United Kingdom, the

U.S.A., Canada, Australia, and to a lesser extent, Japan.



According to the Office of the Attorney General (OAG),Thailand did

not make any TIP-related extraditions in 2009. However, the RTG

granted the TIP-related extradition concerning an American citizen,

ordering his removal to the United States following his completion

of a sentence of imprisonment in Thailand for related conduct. The

RTG also deported multiple American citizens wanted in the United

States in child exploitation cases, including for child sex tourism.

The OAG also reported that it requested legal assistance on one

TIP-related case and received three mutual legal assistance requests

from other countries.



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 cannot 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



BANGKOK 00000468 027.2 OF 044





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 76 temporary shelters 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

9 main centers (five for women and children, and four for men). The

RTG established all four shelters for men (in Chiang Rai,

Pathumtani, Ranong, and Songkla) since the June 2008 anti-TIP Act

came into force (i.e., in general, during the reporting period).

The RTG partners with NGOs in the rescue, protection,

rehabilitation, and repatriation of TIP victims. Victims were

engaged in income generating activities within government shelters

in which they resided (e.g., handicraft making by female victims)

but generally not outside government shelters.



The RTG made continued efforts to fully implement article 37 of

Thailand's TIP law, which authorizes, in certain circumstances, TIP

victims to temporarily work in Thailand (presumably outside

shelters). In some instances, male TIP victims were allowed to work

outside of shelters at construction sites during the day and return

to the shelters at night (Note: it is unclear whether these

individuals held Thai work permits. End Note.). There were other

reported occasions in which local officials allowed victims to work

outside shelters on a case by case basis. MSDHS also requested that

the Thai Council of State determine whether article 37 of the TIP

law supersedes provisions of other relevant laws (i.e., the

Immigration Act and Alien Employment Act),thereby allowing for

victims to receive work permits immediately. The Council of State

responded in December 2009 that article 37 conflicts with other Thai

laws, thereby requiring legal changes before the article 37

provisions can be fully implemented.



Thai embassies provided consular protection to Thai citizens who

faced difficulties overseas. In 2009, the MFA received a budget of

6 million baht (USD 176,470) for TIP prevention and victim

assistance activities and assisted in the repatriation of 309

victims to Thailand.



-- 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 2009, the RTG, through MSDHS, operated 76 temporary shelters

in every Thai province and nine main shelters (five for adult women

and children, and four for adult males and their families) that

provide assistance to both Thai and foreign TIP victims. Through

the shelters, MSDHS's Bureau of Anti-Trafficking in Women and

Children (BATWC) provides equal support to TIP victims regardless of

their country of origin, responding to both their physical and

psychological needs.



MSDHS reported that government shelters received and provided

assistance to 609 TIP victims in 2009, 530 foreigners and 79 Thai

citizens (note: most Thai citizens who received assistance from the

MSDHS chose to reside in their own home instead of a government

shelter). Out of the 530 foreign TIP victims, almost three-fourths

(398 victims) were victims of labor exploitation in factories (175

victims),170 worked in fisheries-related industries and 53 worked



BANGKOK 00000468 028.2 OF 044





as domestic employees. Less than one-fourth (108 victims) were

victims of commercial sexual exploitation.



Rehabilitation services provided to male and female trafficking

victims differed slightly. Life-skills training for female victims

focused on making handicrafts, sewing, and computer training.

Life-skills training for male victims focused on farming, mushroom

gardening, and hairdressing.



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

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.



Government shelters provide several types of support to trafficking

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, farming, hairdressing,

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.



Despite the services provided to TIP victims, there were regular

reports over the rating period of individual foreign TIP victims who

chose to flee shelters, likely to attempt to return to families or

to seek outside employment, and not await completion of formal - an

often lengthy - repatriation procedures.



-- 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 does not provide permanent residency status or other

permanent relief from deportation for trafficking victims. The RTG

does allow those classified as foreign TIP victims to receive

temporary (and often long-term) shelter and social services pending

repatriation to their country of origin. In 2009, shelter officials

reported they provided protection and social services for 530

foreign trafficking victims, including 57 from Cambodia, 260 from

Burma, 195 from Laos, and 18 from other nations. The RTG provides

the following assistance to foreigners trafficked into Thailand:



-- temporary protection and rehabilitation as well as vocational



BANGKOK 00000468 029.2 OF 044





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,

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?



The RTG allows individuals classified as foreign TIP victims to

receive temporary (and often long-term) shelter and social services

pending repatriation to their country of origin. MSDHS reported

that government shelters received and provided assistance to 609 TIP

victims in 2009, 530 foreigners and 79 Thai citizens.



Government shelters provide several types of support to trafficking

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, farming, hairdressing,

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.



RTG policy is based on the belief that TIP victims, including

foreign, wish to return to their home community. As such, services

provided are on rehabilitation with the ultimate goal of

reintegration with home communities, including through

repatriation.



-- 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 the coordination of raid/rescue operations,

and protection and referral processes that involve relevant members



BANGKOK 00000468 030.2 OF 044





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).



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.



According to an NGO that partners with the RTG on victim assistance,

training of RTG officials has improved coordination on TIP cases.

Other NGO observers believe that frontline implementers of

Thailand's TIP laws and policies require continued training to

improve coordination more.



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

DURING THE REPORTING PERIOD? (IF AVAILABLE, PLEASE SPECIFY THE TYPE

OF EXPLOITATION OF THESE VICTIMS - E.G. "THE GOVERNMENT IDENTIFIED X

NUMBER OF TRAFFICKING VICTIMS DURING THE REPORTING PERIOD, Y OR

WHICH WERE VICTIMS OF TRAFFICKING FOR SEXUAL EXPLOITATION AND Z OF

WHICH WERE VICTIMS OF NONCONSENSUAL LABOR EXPLOITATION.) OF THESE,

HOW MANY VICTIMS WERE REFERRED TO CARE FACILITIES FOR ASSISTANCE BY

LAW ENFORCEMENT AUTHORITIES DURING THE REPORTING PERIOD? BY SOCIAL

SERVICES 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.



The Ministry of Social Development and Human Security (MSDHS)

reported that 530 foreign women, children, and men were classified

as TIP victims in Thailand and received assistance and protection at

MSDHS shelters in 2009. Out of 530 foreign TIP victims, almost

three-fourths (398 victims) were victims of labor exploitation: 175

in factories, 170 in fisheries-related industries, and 53 as

domestic employees. Less than one-fourth (108 victims) were victims

of commercial sexual exploitation.



AHTD reported that it alone (not including other police divisions)

investigated 134 cases of human trafficking. More than half of the

cases involved sexual exploitation and one-fourth of the cases

involved forced labor. The MFA Department of Consular Affairs

reported 309 Thai nationals were classified as TIP victims abroad

and repatriated to Thailand with MFA assistance in 2009 (see tables

in answers to questions 1-B).



-- 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



BANGKOK 00000468 031.2 OF 044





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

(including immigration police) that focused on the Anti-TIP law and

victim identification process. MSDHS reported that approximately

2,500 police received training during 2009 (in addition to an equal

number in FY 2008).



According to Thailand's MOUs and guidelines regarding trafficking

cases, police collaborate with social workers, NGOs, and

interpreters when conducting a raid and screening for TIP victims.

The Coordination Center for the Protection of Children's Rights

Foundation Chiang Mai (TRAFCORD) informed us that the process of

identifying TIP victims among prostitutes sometimes takes two to

four weeks in order to gain the trust of victims. Police officials

and NGO representatives stated that overcoming language barriers is

often the most difficult challenge of identifying TIP victims.



-- 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?



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 cannot 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 working illegally.



In practice, court proceedings in Thailand for all types of crime

are usually protracted, 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 pre-trial testimony to be repatriated instead of

remaining in shelters. 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 lengthy stays. 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?





BANGKOK 00000468 032.2 OF 044





The government generally encourages victims to participate in the

investigation and prosecution of trafficking. When victims opt not

to do so it is generally due to 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 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.



To encourage assistance the investigation and prosecution of 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. Also, the RTG allows for victims who have

already given testimony in TIP cases to be repatriated instead of

remaining in shelters.



The Office of the Attorney General (OAG) reported that in FY 2009,

it received 19 cases involving human trafficking crimes, 17 of which

the OAG initiated prosecutions and two of which the OAG declined to

prosecute. In FY 2010, it has initiated prosecutions in eight cases

received. While it is unclear how many victims are cooperating in

these cases, it is likely that many are since other cases prosecuted

by the OAG did receive victim cooperation. These include the Anoma

and Ranya Paew forced labor cases, one of which was successfully

prosecuted during the reporting year and one of which is still being

prosecuted (see above).



-- 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).



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

(including immigration police) that focused on the Anti-TIP law and

victim identification process. MSDHS reported that approximately

2,500 police received training during 2009 (in addition to an equal

number in FY 2008).



From June 15 to 19, 2009, the RTG hosted a counter-trafficking

training in Ayudhaya, Thailand at which representatives from the six

countries of the greater Mekong sub-region were trained on how to

strengthen efforts to combat trafficking.



In 2009, the MFA Department of Consular Affairs received a budget of

six million baht for TIP prevention and protection activities.

According to the MFA, it (along with Thai embassies and Consulates)

carried out the following anti-TIP activities:



-- Conducted awareness raising activities on the risk of being

trafficked. Activities, conducted in partnership with NGOs,



BANGKOK 00000468 033.2 OF 044





targeted risk-groups in eight of Thailand's northern provinces

(1,297 participants from June to September 2009) and among fishery

communities and risk groups at bus terminals in the northeast (187

participants).



-- Coordinated with the Hot Line Foundation to provide two rounds of

three-day trainings to 60 counselors for trafficking victims.



-- Conducted TIP awareness raising activities for Thai workers in

Chiang Rai prior to their travel to Middle East.



-- Organized TIP awareness raising activities for 434 Thai women in

Pattaya and 118 Thai workers in Chiang Mai.



-- Produced television and radio spots on TIP-related issues (i.e.,

"True Stories of Thai Women" on television channels 9 and 11, and

"Thais' Life Away from Home" on television channel 9).



-- Produced a "guide for living" pamphlet for Thai citizens

traveling to Malaysia, Switzerland, the United Kingdom, Hong Kong,

Kuwait, and Australia, and containing contact information for

emergency situations.



-- Produced posters to raise awareness on TIP-related fraud to be

posted in government buildings in every province, such as provincial

passport offices, provincial halls, provincial employment offices,

etc.



-- Supported a volunteer network and training seminar on labor law

and rights for 323 Thai workers in Taiwan.



-- Provided interpreters for 20 Thai TIP victims and funded support

for 30 to 40 Thai TIP victims in a shelter in South Africa.



-- Coordinated activities with Thai women support networks in

Norway, Sweden, Japan (Tokyo and Osaka),India, Malaysia, and

Dubai.



-- Organized a "Thai Friends help Thais" project to develop networks

of volunteers to assist TIP victims in Singapore.



-- Organized a seminar on TIP-related laws in Switzerland, Denmark,

and Germany.



-- Provided legal consultants for ten TIP victims in Taiwan.



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

reported 309 Thai nationals were classified as TIP victims abroad

and repatriated to Thailand with MFA assistance in 2009 (January -

December 2009). The breakdown by destination country follows:



Table 5: Number of Thai TIP victims abroad who were repatriated back

to Thailand (Unit: Number of Persons)

Destination FY 2006 FY2007 FY 2008 CY 2009

(Oct08-Sep09) (Jan-Dec09)

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

Bahrain 236 368 360 216

Singapore 9 14 3 9

Malaysia 39 12 73 36

South Africa 20 3 1 5

Saudi Arabia 0 3 0 0

Hong Kong 2 2 1 2

Japan 3 1 0 5

United Kingdom 5 0 0 0

Taiwan 0 0 5 1

Maldives 15

China 5

Oman 5

Timor 3

USA 3

Brunei 1

Vietnam 1

Germany 1



BANGKOK 00000468 034.2 OF 044







Total 397 403 443 309

---

(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?



Victims of trafficking in Thailand as well as Thai nationals who are

trafficked abroad can claim financial compensation from the Royal

Thai Government. They may also receive additional compensation

should they participate in a prosecution as a witness. Medical aid

and shelter (other than temporary residence at one of six government

shelters) is not available for Thai nationals who are repatriated.

The RTG did provide broad prevention services as well as protection

services (i.e., interpretation and legal) as detailed in the answer

to question K above.



-- 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.



-- 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



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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,

educates and provides vocational training to 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 Foundation, 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. It also has drop-in center at the border in the

Northeast and West to provide assistance and accommodate street

children and trafficked victims. World Vision in Burma also provides

assistance in family tracing and supporting reintegration process

for Burmese trafficked victim from Thailand.



-- 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:



-- 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)?

(NOTE: THIS CAN BE AN ESPECIALLY NOTEWORTHY EFFORT WHERE

PROSTITUTION IS LEGAL. END NOTE.)



During the reporting period, the RTG conducted numerous TIP

prevention activities. Some TIP prevention efforts included direct

involvement by Prime Minister Abhisit and members of his cabinet.



BANGKOK 00000468 036.2 OF 044





While some activities aimed to raise awareness on trafficking within

Thai society as a whole, others attempted to raise awareness among

targeted high-risk groups, including both Thai nationals and

non-Thais working in high-risk industries. While it is difficult to

determine how many individuals were reached in these efforts, NGOs

reported that awareness of human trafficking and labor rights has

grown within Thailand, both among high-risk populations (such as

Burmese migrants in the fisheries-centered city of Samut Sakhon) and

RTG officials. Examples of RTG TIP prevention efforts during the

reporting period follow:



- In January 2010, Prime Minister Abhisit was filmed for a short

television spot that aims to raise awareness on human trafficking

and encourage Thais to help combat it by informing authorities when

they see the potential incidents. The spot is expected to air in the

first quarter of 2010.



- On June 12, the RTG partnered with the International Labor

Organization (ILO) to commemorate World Day against Child Labor

(WDACL). The related event organized in Bangkok was covered by

various television, print, and radio news outlets. In addition to

the Bangkok event, the RTG and ILO organized events in Tak and

Pattani on June 12 and 18, respectively. At the event in Tak,

attended by approximately 1,500 individuals, Thailand's Vice

Minister of Education Chaiwut Bannawat gave a speech regarding the

RTG's "education-for-all" policy, i.e., for all children including

those of non-Thai migrants and ethnic minority groups resident in

Thailand.



- On June 5, MSDHS organized activities to mark the one-year

anniversary of Thailand's comprehensive TIP law. Local media,

including the widely-read newspapers Thai Rath and Siam Rath,

covered the main awareness raising event in Bangkok, attended by

approximately 150 officials from governmental and non-governmental

organizations. Select MSDHS provincial-level offices also hosted

awareness raising events in cooperation with NGOs such as World

Vision.



- Using FY 2010 budgetary funds, the Thai government implemented a

TIP awareness raising campaign, providing training workshops to

youth groups throughout Thailand. It also created a short

informational television spot to raise awareness on the problem of

human trafficking specifically in the fishing industry (the spot

aired on Thai television's channel five).



According to the ILO, the Thai government continuously organized

activities aimed to prevent and eliminate child labor and forced

labor, including:



- a project on the prevention of the worst forms of child labor and

human trafficking in Samut Sakhon Province (March 2007 - December

2009),



- a project with the goal of integrating efforts to combat the worst

forms of child labor in Chiang Rai Province (April 2007 - December

2009),



- a project to address child migrants in Thailand and in the Mekong

Sub-Region (July 2007 - November 2009),



- a project aimed at the health promotion of child laborers in the

fishery and services sectors in Songkla and Pattani Provinces

(January 2008 - December 2009),



- a project aimed for integrated efforts to combat the inappropriate

use of child labor in Samut Sakhon Province (February 2008 -

February 2009),



- a project on promoting education for migrant children and children

of migrant labors to prevent child labor problems in Tak Province

(May 2008 - December 2009),



- a project on promoting quality of life in agricultural communities



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and reducing child labor problems in the agricultural sector in Pob

Pra District, Tak Province (June 2008 - December 2009),and



- a project on solving the worst forms of child labor problems in

Chiang Rai Province (November 2008 - December 2009).



The ILO also reported the RTG made public education efforts (through

mobile units) to prevent exploitative child labor, targeting

employers, employees, child workers, students and the general public

in all provinces. The government also organized programs for

children prior to their entering the labor market, specifically

aimed at secondary school students and vocational students to help

prevent them from being lured into unlawful activities. The

Ministry of Labor maintained a similar Safety in School Project and

Village Labor Volunteer Programs to organize training for community

leaders and teachers on child labor problems.



As listed in section IV, question K, the Ministry of Foreign Affairs

to prevent human trafficking in the reporting period:



-- Conducted awareness raising activities on the risk of being

trafficked. Activities, conducted in partnership with NGOs,

targeted risk-groups in eight of Thailand's northern provinces

(1,297 participants from June to September 2009) and among fishery

communities and risk groups at bus terminals in the northeast (187

participants).



-- Conducted TIP awareness raising activities for Thai workers in

Chiang Rai prior to their travel to the Middle East.



-- Organized TIP awareness raising activities for 434 Thai women in

Pattaya and 118 Thai workers in Chiang Mai.



-- Produced television and radio spots on TIP-related issues (i.e.,

"True Stories of Thai Women" on television channels 9 and 11, and

"Thais' Life Away from Home" on television channel 9).



-- Produced a "guide for living" pamphlet for Thai citizens

traveling to Malaysia, Switzerland, the United Kingdom, Hong Kong,

Kuwait, and Australia, and containing contact information for

emergency situations.



-- Produced posters to raise awareness on TIP-related fraud to be

posted in government buildings in every province, such as provincial

passport offices, provincial halls, provincial employment offices,

etc.



-- Supported a volunteer network and training seminar on labor law

and rights for 323 Thai workers in Taiwan.



-- Coordinated activities with Thai women support networks in

Norway, Sweden, Japan (Tokyo and Osaka),India, Malaysia, and

Dubai.



-- Organized a "Thai Friends help Thais" project to develop networks

of volunteers to assist TIP victims in Singapore.



-- Organized a seminar on TIP-related laws in Switzerland, Denmark,

and Germany.



-- B. DOES THE GOVERNMENT MONITOR IMMIGRATION AND EMIGRATION

PATTERNS FOR EVIDENCE OF TRAFFICKING?



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



BANGKOK 00000468 038.2 OF 044





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.

UNIAP-sponsored research that found mis-identification of

trafficking victims among deportees from Thailand highlighted this

fact.



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. For both illegal labor migrants and sex

workers, the participants are usually voluntary during this point in

the trafficking continuum. Various forms of force, fraud and

coercion are generally encountered only when victims reach the

destination country.



-- 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 Thai

governments multiple MOUs on human trafficking with other

governments (both bilateral and multilateral),Thailand's multiple

provincial-level MOUs between its different domestic regions, and

the RTG's continued efforts to improve implementation of them (see

details in questions above). 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.



During the reporting period, the Thai Government's 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 conducted meetings to

push forward RTG anti-TIP efforts, as did the sub-committees and

working groups established to handle specific aspects (the

sub-committee and working groups consist of government officials

from relevant agencies, academics, and representatives from civil

society). 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 is also assigned to be the secretariat of the

two national-level TIP committees (ATP and CMP). At the provincial

level, Provincial Operation Centers on Prevention and Suppression of

Human Trafficking (POCHT) in all provinces report to a central

coordinating committee.



Activities supervised by the CMP in 2009 included formal

international cooperative efforts on TIP (e.g., through the UN's

COMMMIT process and the development of memoranda of understanding,

such as with Burma); the development of guidelines on improved

cooperation between law enforcement investigation and prosecution

efforts; the development of a training curriculum for "competent

officials" under the TIP law; the development of guidelines to help

prevent fraudulent marriages between Thai women and foreign

nationals; and the creation of a working group focused on the U.S.

Department of State's TIP report.



-- 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?



In 2009, MSDHS, under the supervision of the RTG's Coordinating and

Monitoring of Anti-Trafficking in Persons Performance (CMP)

committee, continued to develop a 2011-2016 national-level policy

and plan to combat human trafficking. In January 2010, the RTG



BANGKOK 00000468 039.2 OF 044





submitted the draft plan for comment through four public hearings

(with participation by NGOs, academia, and international agencies)

in four locations: Khon Kaen, Chiang Mai, Hat Yai, and Bangkok.

After recommendations are integrated into the national policy and

plan, it will be submitted to the cabinet for approval, hopefully

during the third quarter of 2010, according to MSDHS.



The Thai government's 2009-2014 National Plan of Action on

eliminating the worst forms of child labor (NPP) was approved by its

national committee on September 29, 2008 and by the Thai cabinet on

January 28, 2009. The National Plan of Action identifies "bad" forms

of child labor, which include: all forms of slavery, debt bondage,

forced or compulsory labor including forced or compulsory

recruitment of children for use in armed conflict, commercial sex

work, including participation in pornographic movies and still

photographs; and labor involving the sale or transport of illegal

drugs (in line with ILO Convention 182). The NPP addresses five

strategic goals, including 1) the prevention of the worst forms of

child labor (WFCL) 2) the protection and withdrawal of children from

the WFCL 3) effective law enforcement and improvement of relevant

legislation 4) knowledge development and capacity building 5) the

development of an administrative system.



-- E: REQUIRED OF ALL POSTS: WHAT MEASURES HAS THE GOVERNMENT TAKEN

DURING THE REPORTING PERIOD TO REDUCE THE DEMAND FOR COMMERCIAL SEX

ACTS?



Thai government law enforcement 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. Thai law enforcement authorities have been

increasingly cooperative with U.S. Embassy officials (and those from

other embassies) in a range of areas to combat the demand for

commercial sex involving children.



The RTG reportedly developed actions regarding the commercial sexual

exploitation of children as part of its 2011-2016 national-level

policy and plan to combat human trafficking as part of its national

anti-TIP strategy. It has also partnered with NGOs and members of

the hotel industry to implement a "Code of Conduct for the

Protection of Children from Sexual Exploitation in Travel and

Tourism" and worked with civil society to develop a "National

Roadmap towards Anti-Human Trafficking and Child Prostitution Caused

by Tourism." An NGO observer commented that RTG efforts regarding

the "National Roadmap" stalled due to the high-turnover of national

governments beginning in 2006 and that the efforts have not yet

gained full momentum.



-- 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

increasingly cooperated with Embassy officials in a range of areas.

NGO representatives noted this cooperation is also provided to law

enforcement officials from other embassies. RTG law enforcement

officials collaborated with USG law enforcement agencies (and those

from other governments) in the investigation, arrest, prosecution,

and deportation of child sex offenders, as well as in the provision

of victim assistance. AHTD 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 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.



Thailand's 2008 Anti-TIP Act provides strict penalties for Thai



BANGKOK 00000468 040.2 OF 044





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 ALL POSTS IN COUNTRIES THAT HAVE CONTRIBUTEED OVER

100 TROOPS TO INTERNATION PEACEKEEPING EFFORTS.



Per ref. A, paragraph 29, not applicable.



VI) PARTNERSHIPS



-- A. DOES THE GOVERNMENT ENGAGE WITH OTHER GOVERNMENTS, CIVIL

SOCIETY, AND/OR MULTILATERAL ORGANIZATIONS TO FOCUS ATTENTION AND

DEVOTE RESOURCES TO ADDRESSING HUMAN TRAFFICKING? IF SO, PLEASE

PROVIDE DETAILS.



The Thai government deepened its broad cooperative partnerships with

other governments and civil society on TIP activities during the

reporting period, thereby contributing the RTG's efforts to

implement the TVPA's minimum standards. Collaboration between

government officials and NGOs has progressively improved in Thailand

as reflected in the Thai governments multiple MOUs on human

trafficking with other governments (both bilateral and

multilateral),Thailand's multiple provincial-level MOUs between its

different domestic regions, and the RTG's continued efforts to

improve implementation of them. 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.



Specifically, Thailand's regional MOUs and TIP guidelines 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, police

collaborate with social workers, NGOs, and interpreters when

conducting a raid and screening for TIP victims. Trafficking

victims are also transferred to either government shelters,

occasionally for short periods of time, NGO-run shelters as

appropriate. According to an NGO that partners with the RTG on

victim assistance, training of RTG officials has improved

coordination on TIP cases.



During the reporting period, government officials increasingly enjoy

close collaborative relationships with civil society on anti-TIP

activities, including (but not limited to):



- Meetings throughout the year of the RTG's sub-committees and

working groups established to handle specific aspects of TIP. The

working group on human trafficking in the fishing industry met nine

times, and as recently as January 2010, and consists of government

and non-government officials (from both for-profit companies and

non-profit organizations).



- On June 5, MSDHS organized activities to mark the one-year

anniversary of Thailand's comprehensive TIP law. Select MSDHS

provincial-level offices also hosted awareness raising events in

cooperation with NGOs such as World Vision.





BANGKOK 00000468 041.2 OF 044





- On June 12, the RTG partnered with the International Labor

Organization (ILO) to commemorate World Day against Child Labor

(WDACL). In addition to the Bangkok event, the RTG and ILO

organized events in Tak and Pattani on June 12 and 18, respectively.

At the event in Tak, attended by approximately 1,500 individuals,

Thailand's Vice Minister of Education Chaiwut Bannawat gave a speech

regarding the RTG's "education-for-all" policy, i.e., for all

children including those of non-Thai migrants and ethnic minority

groups resident in Thailand.



- MSDHS organized anti-TIP training sessions specifically for the

"competent officials," (including social workers, police,

immigration, public health officer) as defined by the 2008 Anti-TIP

law and the relevant subordinate regulation. The Ministry expects

at least 1,000 individuals will participate in the training sessions

taking place from December 2009 to March 2010.



- The Thai Ministry of Labor in 2009, with support from the ILO,

conducted two training sessions in Thailand's upper North and the

Central region on the "Operational Guidelines for Labor

Trafficking," finalized in April 2008. Approximately 35 individuals

participated in each session. 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).



- MSDHS reported it is working with UNODC to set up Border Liaison

Offices specific to human trafficking along the Thai-Burma border

(near Chiang Rai, Tak, and Ranong).



- MSDHS reported that in 2009, the Japanese Government's Japan

International Cooperation Agency (JICA) funded research to assess

the quality of services for, and satisfaction of, trafficking victim

who have been assisted through multidisciplinary approaches. The

findings from the research will be presented to the RTG to improve

quality of services through its multidisciplinary approach to

trafficked victims.



Key and updated information on the Thai government' memorandum of

understanding (MOU) agreements, bilateral and multilateral, though

which it cooperates with partners on TIP issues follow (from MSDHS

and UN sources):



-- GMS: the MOU on the 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 7) Cooperation with the

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

countries agreed to invite Malaysia to join the Initiative.



-- 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. The

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

prosecution process guidelines and 3) information sharing.



-- 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. A

Plan of Action (POA) phase II (2010-2012) was finalized in September

2009. Key aspects of POA phase II include the exchange of

information and knowledge on law enforcement and prosecution; the

development of twin border cities; and reintegration support.





BANGKOK 00000468 042.2 OF 044





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

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

19,

2009, governments of both nations agreed to a joint plan of action

that includes setting up a bilateral working group to combat human

trafficking, conducting an assessment of the bilateral human

trafficking situation and providing recommendations for preventive

measures, collaborating on the provision of protection and

repatriation of TIP victims, and expanding the sharing and exchange

of information on TIP in general. Teams from both countries are

drafting standard operating procedures to assist trafficking victim,

which are expected to be finalized in 2010.



-- Burma: On April 24, 2009, the RTG and Burmese government signed

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

covers areas such as prevention, protection, recovery and

reintegration of victims, and law enforcement and prosecution

collaboration. A related plan of action under the MOU was concluded

in August 6, 2009 and calls for:

(i) the establishment of a joint task force,

(ii) an assessment of the bilateral human trafficking situation (to

begin in the first quarter of 2010).

(iii) coordination of multidisciplinary training on victim

protection (MSDHS will host training sessions for officials from

Thailand and Burma in the first quarter of 2010; MSDHS is developing

a TIP training curriculum for interpreters who provide services in

TIP cases and plans to provide training in 2010.

(iv) improved reintegration mechanisms.



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

Malaysia sign a draft MOU on Cooperation to Combat Trafficking in

Persons. The Malaysian government returned a draft MOU to Thailand

for consideration in July 2009.



-- 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. The final draft was reviewed by both sides in December 2009

and it is expected to be signed in 2010. 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.



-- Japan: The RTG and the Japanese government are reportedly working

to set up a bilateral anti-human trafficking task force to develop a

formal MOU and standard operating procedures on victim protection

and reintegration.



-- B. WHAT SORT OF INTERNATIONAL ASSISTANCE DOES THE GOVERNMENT

PROVIDE TO OTHER COUNTRIES TO ADDRESS TIP?



The Thai government did not report the provision of direct

assistance to other countries to address TIP. It did, however,

partner with other nations on the investigation and prosecution of

transnational TIP cases, the provision of services (including

repatriation) to Thai and foreign victims of trafficking, the

training of government officials on TIP-related practices, on the

research of certain aspects of TIP, and on other cooperative

activities (see question above and others). In doing so, the RTG

assisted other governments in combating human trafficking and

meeting the minimum standards under the TVPA.



VI) NEW REQUIREMENTS FOR THE CHILD SOLDIERS PREVENTION ACT



REPORT IF THE FOLLOWING OCCURRED: CONSCRIPTION OR FORCED RECRUITMENT

OF PERSONS UNDER THE AGE OF 18 INTO GOVERNMENTAL ARMED FORCES;

VOLUNTARY RECRUITMENT OF ANY PERSON UNDER 15 YEARS OF AGE INTO

GOVERNMENTAL ARMED FORCES; THE EXTENT TO WHICH ANY PERSON UNDER THE

AGE OF 18 TOOK A DIRECT PART IN HOSTILITIES AS A MEMBER OF

GOVERNMENTAL ARMED FORCES; RECRUITMENT (FORCED OR VOLUNTARY) OF

PERSONS UNDER THE AGE OF 18 BY ARMED GROUPS DISTINCT FROM THOSE OF

THE GOVERNMENTAL ARMED FORCES, INCLUDING PARAMILITARY FORCES,



BANGKOK 00000468 043.2 OF 044





ILLEGAL PARAMILITARY GROUPS, GUERRILLAS, OR OTHER ARMED GROUPS.

DESCRIBE TRENDS TOWARD IMPROVEMENT OF THE ABOVE-MENTIONED PRACTICES,

INCLUDING STEPS AND PROGRAMS THE GOVERNMENT UNDERTOOK OR THE

CONTINUED OR INCREASED TOLERANCE OF SUCH PRACTICES, INCLUDING THE

ROLE OF THE GOVERNMENT IN ENGAGING IN OR TOLERATING SUCH PRACTICES.

REPORT ABUSE OF CHILDREN RECRUITED BY ARMED FORCES OR THE ARMED

GROUPS NOTED ABOVE (E.G., SEXUAL ABUSE OR USE FOR FORCED LABOR).

DESCRIBE THE MANNER AND AGE OF CONSCRIPTION. IN DISCUSSING

ACTIVITIES OF ARMED GROUPS DISTINCT FROM THOSE OF GOVERNMENTAL ARMED

FORCES, EXPLAIN THE POSITION OF THE GOVERNMENT TOWARDS THE ARMED

GROUP (OPPOSITION, TOLERANCE, SUPPORT, ETC.) IN DETAIL.



Thailand's southern border provinces (SBPs) have long been host to

an ethno-nationalist Malay Muslim separatist movement rallying

around a regional "Pattani" identity. Since 2004, separatists have

conducted a violent insurgency in the provinces of Narathiwat, Yala,

Pattani, and Songkla against symbols and representatives of central

government authority, as well as against civilians, both Buddhist

and Muslim, which has resulted in thousands of deaths.



There were no reports of persons under the age of 18 conscripted or

recruited into governmental armed forces. There was limited

evidence that some village defense forces in the south at the

provincial, district, and/or village levels allowed for voluntary

induction of 17-year-old individuals; there were no reports that

such persons were directly involved in hostilities. There were

reports that separatist groups recruited teenagers under the age of

18 to carry out attacks. Human rights organizations alleged that

separatists used private Islamic schools to indoctrinate ethnic

Muslim Malay children with a separatist agenda. There were no

reports of abuse of children (e.g., sexual abuse or forced labor) by

any armed group within Thailand. (Note: see ref C, Bangkok 366, for

additional details).



Thai government armed forces in the South, concerned with their own

physical safety, were not in a position to take actions against

separatists specifically to penalize their use of child soldiers.

Nonetheless, the Royal Thai Government took multiple actions to

promote opportunities for children in the SBPs with the goal of

preventing their involvement in the violence. These include the

provision of thousands of scholarships and vocational training

activities to children in the SBPs, as well as other actions taken

by the Ministries of Defense, Justice, Social Development and Human

Security, Foreign Affairs, Labor, and Internal Security Operations

Command (ISOC). (ref L).



VII) NOMINATION OF HEROES AND BEST PRACTICES



-- HEROES: Sudjai Nakphain, Project Coordinator, World Vision

Foundation of Thailand.



Sudjai has been working with World Vision in Pattaya, Thailand for

the last seven years. Specifically, she has implemented the

"Developing the Life of Homeless Children in Pattaya" project. The

program institutes prevention, protection, and rehabilitation for

homeless children. Sudjai regularly conducts classes for orphaned

and "at-risk" children on various topics such as the dangers of drug

abuse, basic living skills, and avoiding exploitation. She also

provides shelter and supervision as part of the program.

Additionally, her program, in conjunction with assistance from the

Thai Navy, includes an intensive rehabilitation component that

provides training to teenagers in trade-based skills, such as

farming, mechanics, and construction that can be utilized in the

workplace. Her efforts have positively affected over 400 children

who were trafficked, sexually exploited, or orphaned in Thailand.



Sudjai has provided invaluable assistance in identifying, locating,

and protecting children who were victims of child sexual

exploitation in support of international law enforcement efforts.

Her expertise and direct assistance has led to numerous arrests and

prosecutions of pedophiles preying on vulnerable children in

Thailand.





BANGKOK 00000468 044.2 OF 044





Post's Consular Section vetted this nominee through the CLASS and

CCD databases; no record was found in either.



3. (SBU) Per ref A, paragraph 24, Embassy Labor Officer (FS-02)

spent approximately 50 hours in the preparation of this report. The

Economic Counselor (FE-OC) and DCM (FE-MC) spent approximately 4

hours and 3 hours on the report, respectively. Consulate Chiang

Mai's Political/Economic Chief (FS-02) spent approximately 5 hours

on the report. Likewise, Economic Section FSN (Grade 11-02) spent

approximately 100 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.