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Effective Administration of Criminal Justice to Tackle Trafficking in Human Beings and Smuggling of Migrants in Thailand (From Resource Material Series No. 62, P 137-153, 2004, Simon Cornell, ed. -- See NCJ-206385)

NCJ Number
206398
Author(s)
Pongson Kongtreekaew
Date Published
February 2004
Length
17 pages
Annotation
This paper discusses the nature, magnitude, and causes of human trafficking in Thailand and comments on laws relevant to the problem, regional cooperation, and law enforcement.
Abstract
This paper defines "trafficking in persons" as "the recruitment, transportation, transfer, harboring, or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation." "Exploitation" includes, at a minimum, prostitution or other forms of sexual exploitation, forced labor or services, slavery, servitude, or the removal of organs. Thailand has been both the sending and receiving country in trafficking in labor. Many Thai citizens go to other countries to work and then send money back to Thailand for their families. Some of these workers have migrated legally, but many have been deceived and exploited through illegal migration by traffickers. After paying a trafficking fee, many have been trapped in work for abusive and dishonest employers; and others have been stranded in a foreign country without a job. The Thai Government is attempting to upgrade the quality of its Ministry of Labor in order to establish new labor markets at home and enter into agreements with countries that need Thai labor. Thailand has also been a receiving country for migrant labor, since its economy is more advanced than its northern and northeastern neighbors. Illegal migrant workers in Thailand are typically underpaid or unpaid. Some work long hours or engage in dangerous work without protection. The number of foreign child beggars in Thailand is estimated at 1,060, 25 percent of whom are girls. The sex industry in Thailand is rampant and draws trafficked women from all over the world. Thai laws that address these issues are the Prostitution Prevention and Suppression Act of 1960, the Prevention and Suppression of Trafficking in Women and Children Act of 1997, the Immigrant Act of 1969, the Penal Code, and the Constitution. Enforcement of these laws is a significant problem due to limited resources, the difficulty of gaining witness cooperation, lack of priority, and lack of cooperation among countries. Regional cooperation and coordinated responses under international agreements are essential for an effective response. Appended data on the number of cases of procurers or traffickers in women to be prostitutes (1999-2001) and the number of illegal immigrants entering Thailand (1998-2002)