National Policy

• There must be a total elimination of entry into the commercial sex by children, both boys and girls, who are under 18 years of age.

• Prohibition of luring, threats, exploitation and acts of violence in the operation of the commercial sex business.

• Imposition of punishment to all persons who take part in the prostitution of children and punishment for officials negligent in, or choosing to ignore their duty to enforce compliance with relevant policies, laws, rules and regulations.

• The Prostitution Prevention and Suppression Act, B.E. 2539 (1996)

This 1996 version decriminalizes prostitution in that it reduces the penalty to a fine not exceeding 1,000 baht. In addition, sex with children under 18 years of age is a crime and the customers may face very heavy fine. Person involved such as procurers, traffickers, pimps  etc. are to be punished by imprisonment and a fine.
 
• The Measures in Prevention and Suppression of Trafficking in Women and Children Act, B.E. 2540 (1997)


The new elements of this Act cover the following 1) the extension of coverage to both sexes, boys and girls under 18 years of age; 2) the conspiracy to commit an offence concerning trafficking women and children is a crime; 3) the penalty for abettor of the committing of any offences in this Act will be punished as much as the principal offenders; 4) the victims may be provided with temporary shelter and other necessities including vocational training.

The Penal Code Amendment Act (No. 14) B.E. 2540 (1997)

The following are the main elements; 1) the committing of the sexual offence covers those who procure, lure or traffick both boys and girls, males and females for sexual gratification of another person; 2) children under the age of 18 are protected; 3) Thailand can prosecute every offender who procures, lures, or trafficks an adult or a child of both sexes for an indecent sexual act or for sexual gratification of another person, no matter where the offence is committed and whatever nationality of the offender is. 
 
• The Criminal Procedure Amendment Act (No. 20) B.E. 2542 (1999)

In this section of the law, formerly, the Criminal Procedure Code, was not child friendly. The process was catering to the needs of adult, the child victims of sexual abuses have to go through repeated traumatic experiences giving accounts to several authorities in the process of investigation, inquiry and trial. In the revised form, videotape recording shall be used to take the statement of the child victim or witness in order to prevent the child from repeated victimizations. It also gives an opportunity for the child to give testimony before the offender or his peers have a chance to bribe or intimidate the child victim or witness

• Immigration Act B.E. 2522 (1979)

• The Money Laundering Act B.E. 2542 (1999)

• Organize seminars, workshops and training in 8 Thai border provinces for the area police, immigration officers, attorneys, judges, social workers and psychologists.

• Bilateral and multilateral agreements between and among the countries in the Mekong Region

• Implementation of the National Development Plan for Counseling Programs

• Improvement of capacity building and organization of training on multi-disciplinary team work i.e. medical personnel in dealing with victims, personnel in counseling programs

• Formulation and/or amendment of laws related to violence, sexual abuses especially to intolerable exploitation by the victim’s parents and relatives.

• Improvement of the efficiency and the effectiveness of law enforcement.

• Establishment of monitoring and evaluation systems including data/information base.

• Promotion of studies and research related to the problems of sexual abuses and violence and especially action research on prevention, protection and recovery.

• Coordination of works undertaken by the GO’s and the NGO’s.

• Establishment of the Special Investigation Department (SID) within the Royal Thai Police, headed by Pol. Lt. Gen. Noppadol Somboonsap, to combat trans-national crimes, especially human trafficking. 

• Drafting of an MOU between the Royal Thai Government and NGO’s on the framework for the implementation of activities and cooperation for the  eradication of trafficking in women and children, expected to be completed early 2003. 

• Creation of a set of guidelines for NGO’s in implementing activities concerning trafficking in women and children, expected to be discussed with the NGO community and finalized by early 2003.

• National Youth Bureau, Office of the Prime Minister
• The National Commission on Women’s Affairs, 
• Office of the Prime Minister
• Royal Thai Police
• Office of the Attorney General
• Ministry of Foreign Affairs
• Ministry of Interior
• Ministry of Justice
• Ministry of Labor 
• Ministry of Education
• Ministry of Public Health
• Ministry of Social Development and Human Security
• Bangkok Metropolitan Administration 
• Provincial government agencies

• Apart from having ratified the Convention on the Elimination of Discrimination Against Women (CEDAW) in 1985, Thailand is among the 124 countries that signed the UN Convention against Transnational Organized  Crime and is now in the process of working on signing of two additional Protocols, namely on trafficking in persons and on smuggling of migrants.

• Thailand has been active in developing international regional, inter-regional and bilateral cooperation. The International Law Enforcement Agency (ILEA) which was supported by the United States of America was established in Bangkok in 1999 to serve as a regional training center for law enforcement, judicial and other officers to share information on the suppression of transnational crimes.

• Within the framework of Asia-Europe, Thailand, Sweden and the Philippines have formed a core group of ASEM countries to draft the ASEM Plan of Action to counter trafficking in women and children. Cooperation initially focuses on the protection of victims and the reintegration process.

• The ARIAT (The Asian Regional Initiatives against Trafficking in Women and Children) is another forum (with participation from more than 20 member countries and several NGOs) which has developed an Action Plan to combat trafficking in women and children. ARIAT Plan contains 4 strategic areas of prevention and reintegration.

• As part of the UNDP supported programme of cooperation in the Mekong sub-region, Thailand has set up “The National Secretariat on Trafficking in Women and Children in the Mekong sub-region” to coordinate work with countries in the Mekong sub-region. There have been a number of meetings on trafficking in persons to explore ways of cooperation and much useful research had been done to pave the way for further concrete cooperation in the areas of law, enforcement and capacity building in government sectors. A number of projects have been developed by NGOs and international organizations particularly in the Mekong sub-region. The activities include prevention, capacity building, as well as the return and reintegration of trafficked women and children.

• As a member of the Association of Southeast Asian Nations (ASEAN), Thailand has joined ASEAN in its attempt to develop and implement to ASEAN Plan of Action to prevent and combat trafficking in women. The Plan reiterates ASEAN  countries’ determination to protect and assist trafficked women through collecting and publishing data on the development of national efforts to combat trafficking and establishing a national focal point on trafficking.

• Thailand, The Philippines and Sweden will co-host an international meeting “ASEM Action Plan on Combat Trafficking in Persons, especially Women and Children” between 24-26 April 2003. The issues at the meeting will focus on recovery, repatriation and reintegration of victims of international trafficking.

• The National Commission on Women’s Affairs of Thailand successfully co-hosted with  the Mekong Region Law Center the 2nd Regional Conference on “Illegal Labor Movements : the Case of trafficking in Women and Children” between 28-29 November 2002 in Bangkok.  The major donors to this 2-day conference included SEAFILD/CIDA, UNICEF and the Government of Australia. 

• The Royal Thai Police organized a workshop on trafficking in women and children between June 5-7, 2002. Participants included representatives of government agencies concerned from ASEAN member countries 

• Ongoing cooperation between ASEAN and AusAID of Australia on the elimination of trafficking in women and children in Southeast Asia and Yunnan province.

• In March, 2002, Dr. Saisuree Chutikul, Chairwoman of the Subcommittee on Women and Children, National Youth Bureau, Office of the Prime Minister, led Thai delegates to discuss the Memorandum of Understanding  between  the Royal Government of Thailand and the Royal Government of Cambodia on Bilateral Cooperation for Eliminating Trafficking in Children and Woman and Assisting of Victims of Trafficking. The status of the MOU is near conclusion (expected to be finalized early 2003) and few details are under the consideration by the Cambodian side.

• Memorandums of Understanding to eliminate trafficking of women and children between Thailand and other neighboring countries are in the process of being explored and planned. 

• Technical cooperation and consultations with Laos PDR on the prevention of commercial sexual exploitation of children, and for implementation of resolutions of the Convention on the Rights of the Child (CRC), as Laos PDR is in the process of drafting a National Plan of Action to prevent trafficking in women and children. 

• Representatives of the Royal Thai Police attended the Ad-Hoc Working Group Meeting on the Work Programme to Implement the Plan of Action to Combat Transnational Crime in Bali, Indonesia, between January 21, 23, 2002. The meeting agreed for the setting up of 8 working groups to combat crimes on narcotics, trafficking in human, piracy, smuggling of arms, money laundering, terrorism, economic and internet attacks.