Thailand’s Country Report on Anti-Human Trafficking Response (1 January – 31 December 2016) i Table of Contents Executive Summary 1 I. Introduction 16 II. Achievements and Progress in 2016 18 (1) Policy 18 1.1 Overview 18 1.2 Action Plan: Implementation of the Urgent Action 20 Plan to Prevent and Suppress Human Trafficking 1.3 Holistic Approach 22 1.4 Budget 30 1.5 Legal Reform 32 1.5.1 Amendment to the Prevention and 32 Suppression of Human Trafficking Act B.E. 2560 (2017) (3rd Version) 1.5.2 The Royal Ordinance Concerning Rules on 33 Bringing Migrant Workers to Work with Employers in the Kingdom B.E. 2559 (2016) 1.5.3 The Human Trafficking Criminal Procedure 33 Act, B.E. 2559 (2016) 1.5.4 Amendment to the Labour Protection Act, 34 B.E. 2541 (1998) [in relation to child protection] 1.5.5 The Beggar Control Act B.E. 2559 (2016) 34 1.5.6 Ratifications of the International Labour 35 Organization (ILO) Conventions 1.5.7 Thailand deposited the Instrument of 35 Ratification of the ASEAN Convention against Trafficking in Persons, Especially Women and Children (ACTIP) 1.6 Government Official Complicity 35 1.7 Integrating the Interagency Database System 36 1.8 Partnership 36 (2) Prosecution 39 2.1 Human Trafficking Cases 41 2.1.1 Reducing the case backlog 41 2.1.2 TIP Cases Uncovered and Under 41 Investigation in 2016 ii 2.1.3 The Number of Offenders 43 2.1.4 Indictments in 2016 45 2.1.5 Convictions in 2016 46 2.1.5.1 Statistics of Conviction Timeline 46 2.1.5.2 The Number of Convicted 48 Offenders 2.1.6 Effective Police Investigation 50 2.1.7 Key Factors to Prosecution Improvements 52 2.2 Additional Key Measures 52 2.2.1 The actions of the Ad Hoc 52 Sub-Committee on Increasing Effectiveness of Human Trafficking Prosecution 2.2.2 New Regulations of the Attorney General for 53 Speedy Expedition 2.2.3 Stringent Bail Conditions for Human 53 Traffickers 2.2.4 The Use of Asset Seizures by the Anti- 54 Money Laundering Office (AMLO) 2.2.5 The Setting Up and the Operation of 54 Thailand Internet Crimes Against Children (TICAC) 2.2.6 Training Law Enforcement Officials 56 2.3 Witnesses and Informants 56 2.4 The Exercise of an Administrative Power 58 2.4.1 The Operations of the Ministry of Interior 58 (MOI) in 2016 2.4.2 Additional measures taken in 2016 58 2.4.3 Key implications of national integration 58 across all forces and law enforcement 2.5 The Operation of the Department of Special 59 Investigation (DSI) 2.6 Government Official Complicity 59 2.6.1 Latest status of cases 59 2.7 Follow up on some important cases 62 Case 1 A Pigsty Case (Criminal Case No. 200/2558) 62 Case 2 The Silver Sea Case (Special Case No. 62 84/2557) iii Case 3 Pol. Col. Supat Laohawatana 62 Case 4 Forced Labour Shrimp Peeling Shed in 63 Samutsakhon Case 5 Rohingya Cases 63 Case 6 TIP cases in Indonesian Islands 64 2.8 Prominent cases 65 Case 1 Natari - The Crackdown on Child Sex 65 Trafficking Syndicates Case 2 The Big Boss Ring Case - the Crackdown on 66 Child Sex Trafficking Syndicate Case 3 The Ton Nam Karaoke Case - Speedy 66 Criminal Justice process in Combating Trafficking in Persons Case 4 The Phuket Operation - Transnational Labor 67 Trafficking in the Fishing Sector Case 5 The Pattani Case - Transnational Labor 68 Trafficking in the Fishery Sector Case 6 The Fang Operation – From Internet Crime 68 Against Children to Trafficking in Persons 2.9 Cooperation and Partnership to Enhance Effectiveness 69 of Law Enforcement 2.9.1 The Department of Anti-Human Trafficking, 69 Office of the Attorney General 2.9.2 The Anti-Human Trafficking Center, 69 Department of Special Investigation 2.9.3 The Royal Thai Police 70 2.9.4 The Human Trafficking Case Division, the 70 Criminal Court (3) Protection 71 3.1 Providing Assistance to Victims of Trafficking 72 3.1.1 Victims identified through the Victim 72 Identification Process 3.1.2 Victims assisted in the Ministry of Social 73 Development and Human Security (MSDHS) shelters iv 3.2 Improved employment and earning opportunities for 75 victims 3.2.1 Employment opportunities both inside and 75 outside the shelters 3.2.2 Employment outside the shelters 77 3.2.3 Employment inside the shelters 77 3.2.4 Not yet to be Employed and Unemployed 78 Victims 3.2.5 Extending duration of stay for victims and 79 witnesses 3.3 Improved comprehensive specialized support for 80 victims 3.3.1 Improved welfare and reintegration 81 assistance 3.3.1.1 Empowerment Activities 81 3.3.1.2 Recreational Activities 82 3.3.1.3 Improved Welfare and Life Skills 82 3.3.2 Legal aid 83 3.3.3 Cooperation with International 84 Organizations (IOs)/ Non-Governmental Organizations (NGOs) in the MSDHS shelters 3.3.4 Possibility of NGOs establishing its own 84 shelters to assist victims of trafficking 3.4 Victim Identification System 85 3.4.1 Consistency and increased effectiveness of 85 the victim identification system 3.4.2 Collaboration with Civil Society 87 Organizations (CSOs)/ NGOs in the victim identification process 3.4.3 Multi-disciplinary teams (MDTs) 87 3.5 Improved capacity of officials 89 3.5.1 Training of interpreters and language 89 coordinators 3.5.1.1 Training of MSDHS interpreters 89 3.5.1.2 Training of the Ministry of Labour 91 (MOL) language coordinators v 3.5.2 Training of Multi-Disciplinary Teams 91 (MDTs) 3.5.3 Training of Social Workers 91 3.5.4 Training of Witness Protection Officials 92 3.6 Increased efforts in providing protection to persons in 92 vulnerable situations 3.6.1 Child and women trafficking victims 92 3.6.1.1 Children’s Advocacy Center 94 Thailand (ACT) 3.6.2 Stateless trafficking victims 94 3.6.3 Irregular migrants and illegal immigrants 95 trafficking victims 3.7 Remedy and compensation 96 3.7.1 The amount of compensation given to 98 victims of trafficking 3.8 Hotline and other Support Channels 99 3.8.1 The MSDHS hotline channel 99 3.8.2 The MOL hotline channel 99 3.8.3 Centralized hotline 100 3.9 Safe Repatriation and Resettlement 101 3.10 Providing re-integration assistance and from being re- 101 trafficked 3.11 Continuing to provide assistance to Thai victims of 102 trafficking abroad (4) Prevention 104 4.1 Holistic Approach in the Labor Management System 104 4.2 Current Migrant Workers Situation in Thailand 107 4.3 Ensuring that Migrant Workers in Thailand so that 108 they are better protected by laws and entitled to the employment rights and assistance deserve 4.3.1 Facilitating Employment Through MOU 108 4.3.2 Registration at One Stop Service (OSS) 109 Centers 4.3.3 Registration of Migrant Workers in the 110 Fishery and Seafood Processing Sectors vi 4.3.4 Reducing the Burden and Increasing 111 Flexibility for Migrant Workers 4.3.4.1 Reduction in Fees and Charges 111 Required for Migrant Workers 4.3.4.2 Reduction in Fees under the 112 Royal Ordinance Concerning Rules on Bringing Migrant Workers to Work with Employers in the Kingdom B.E. 2559 (2016) 4.3.4.3 Changing of Employers 112 4.3.5 Providing Assistance and Care to Migrant 112 Workers 4.3.5.1 Post-Arrival and Reintegration 112 Centers 4.3.5.2 Migrant Workers Assistance 113 Centers 4.3.5.3 Fisherman’s Life Enhancement 113 Center (FLEC) or Drop-In Center 4.4 Putting in Place a Better System of Labor Inspections 115 and Support System for Workers to Ensure Effective Law Enforcement 4.4.1 Labor Inspections 115 4.4.1.1 Increasing the Number and 115 Effectiveness of Labor Inspectors 4.4.1.2 Labor Inspections by the 115 Department of Labour Protection and Welfare (DLPW) 4.4.2 Inspections by CCCIF 116 4.4.2.1 Inspection Results at Seafood 117 Processing Factories 4.4.2.2 New Mechanisms to Tackle 118 Human and Labor Trafficking at Sea 4.4.2.3 Issuance of Seaman Book for 119 Migrant Workers Employed on Thai Fishing Vessels vii 4.4.3 Tightening Border Controls 121 4.4.4 Interpreters and Language Coordinators to 122 Assist Migrant Workers 4.5 Eliminating Legal Loopholes in Thai Labor Laws and 122 Ensuring Treatments of Migrant Workers Meet International Standards 4.5.1 Royal Ordinance Concerning Rules on 122 Bringing Migrant Workers to Work with Employers in the Kingdom B.E. 2559 (2016) 4.5.2 Amendments to the Labour Protection Act 127 B.E. 2541 (1998) 4.5.3 Achieving International Standards 127 4.5.3.1 Thai Labour Standards (TLS) 127 4.5.3.2 Good Labour Practices (GLP) 127 4.5.4 ILO Conventions 127 4.6 Putting in Place a Better Mechanism to Protect 128 Vulnerable Groups other than Migrant Workers from Becoming Victims of Human or Labor Trafficking 4.6.1 Monitoring and Supervising the System of 128 Bringing Thai Workers to Work Overseas 4.6.1.1 Recruitment of Overseas 128 Employment Workers through G-to-G Agreements 4.6.1.2 Effective Law Enforcement to 129 Prevent Abuse by Employment Agencies and Illegal Labor Agents 4.6.1.3 Assisting Thai Workers Who 129 Seek Employment Overseas 4.6.2 Eliminating Child Labor 130 4.6.2.1 National Policy and Plan to 130 Eliminate the Worst Forms of Child Labor 4.6.2.2 National Working Children 130 Labor Survey viii 4.6.2.3 Ministerial Regulations that 130 Prohibit Employing Workers under 18 4.6.2.4 Law Enforcement on Cases 131 Involving Child Labor 4.6.3 Tackling the Issue of Trafficking in Women 131 and Children 4.6.3.1 Action Plan to Eradicate 131 Trafficking of Women and Children 4.6.3.2 Children’s Advocacy Center 133 Thailand (ACT) 4.6.3.3 Tackling Demand for Child 133 Sexual Exploitation 4.6.3.4 Eradicating Child Pornography 134 4.6.4 Combating Sex Trafficking 135 4.6.5 Integrated Efforts to Eradicate the Issue of 137 Beggars 4.7 Raising Awareness and Promoting Outreach about 137 Worker Rights 4.7.1 Disseminating Information to Raise