NHRCT’s Activities on Migration and Human Rights and Plan for 2018

Dear Colleagues,

               - It’s a great pleasure for me to share with you today our views on the issue of migration, which is a serious concern to all of us in Southeast Asia. My presentation will focus mainly on human trafficking in Thailand which is one of the major components of migration.

               - Combatting trafficking in persons is a national agenda in Thailand. The current government has translated its commitment to “zero tolerance policy” against human trafficking into action through several measures and implementation. Anti-human trafficking measures have focused on changing the human trafficking trade form a low-risk, high return attraction into a high-risk, no return proposition with a high cost of punishment.

               - The government has carried out legal reforms, improving existing laws and drafting new ones, making such offence punishable both through disciplinary and criminal proceedings. Much efforts have also been made in the enforcement of laws and prosecution of government officials involved in illegal exploitation of human trafficking, especially in relation to illegal migrant workers, sexual exploitation and labor smuggling. This has led to an increased number of human trafficking cases uncovered, investigated, indicted and convicted.

               - On 19 July this year, the Criminal Court of Thailand convicted human trafficking implicated in a massive network including senior military officers and local politicians in the South of Thailand for their parts in human trafficking and bringing illegal migrants into the country and detaining them. These culprits were arrested in a massive crackdown following the discovery of more than 30 graves in May 2015 in the Sadao District of Songkhla province close to the Thai–Malaysian border. The Court’s conviction demonstrated a major step in the government’s efforts to combat the serious crime of human trafficking and modern-day slavery.

               - As regards protection, the government adopted a victim-centered approach focusing on protecting vulnerable groups. It also strengthened protection services and improved rehabilitation, care and welfare provisions for victims by equipping them with skills necessary for reintegration into their respective communities, as well as developing rehabilitation plan aimed at empowering victims and preventing re–victimization. Moreover, trafficked victims and witnesses are allowed to work in Thailand while awaiting proceedings of their cases in the court.

               - On prevention, Thailand has strengthened its labor and migrant workers management system to eliminate legal loopholes in laws and regulations, and reduce vulnerabilities for migrant workers. This includes the enactment of the Royal Decree on the Management of Migrant Workers Employment, B.E. 2560 (2017) in June this year. The new decree is aimed at preventing hiring or importing illegal migrant workers by imposing harsh penalties on employers
and job recruitment agencies.

               - In relation to the role of the NHRCT, over the years we received a number of complaints related to human rights violations against migrant workers. Some of the cases were found to have grounds with supporting evidences. These include the violation of workers’ rights such as excessive working hours, poor occupational safety and health and lower wages. All had been referred to relevant agencies for further action.

               - The NHRCT also organizes on various occasions seminars and workshops in order to raise awareness among relevant government agencies, private sector, civil society organizations and our human rights network nationwide on the issue of human trafficking and to promote cooperation among all stakeholders on action in addressing this serious issue.

               - The findings from the above mentioned are as follows:

               (1) Human trafficking is a complex and multi – dimensional issue and constitutes a serious violation of human rights. Combatting human trafficking requires consistency in action and application of laws among various government actors. No one can address this challenge alone. Therefore, strong public–private–civil society partnership is critical for enduring success.

               (2) Migrants, particular unprotected and irregular migrants, are most vulnerable to trafficking and associated forms of exploitation and abuses. Prevention is obviously better than cure. We have to step up efforts in the countries of origin, transit and destination, giving due consideration to the special needs of all vulnerable groups.

               (3) Business and private sector must be vigilant in implementing non-abusive labor practices, ethical recruitment, safeguards and redress mechanisms for victims. Business enterprises have a role to play through a voluntary human rights due diligence process under the “responsibility to respect” framework of the UN Guiding Principles on Business and Human Rights.

               (4) A victim centered and human rights based approach in identifying, assisting and protecting migrants and victims of trafficking is important. Appropriate remedies and compensation are also essential redress for the victims. Consistent monitoring and evaluation will help identifying the remaining gaps in ensuring safety and enjoyment of rights of the victims.

               (5) Enhanced education via information campaign to the general public about human trafficking will better protect vulnerable population form the recruitment tactics of the traffickers or the unscrupulous employment agencies.

               (6) Improved data collection and analysis system is essential particularly in providing the right solutions pertaining to prevention, protection, prosecution and remedies.

               - In 2018, the NHRCT will continue to monitor closely the situation of human trafficking in the country as well as the government’s efforts to implement the ASEAN Convention Against Trafficking in Person, Especially Women and Children (ACTIP) and the ASEAN Plan of Action Against Trafficking in Persons, Especially Woman and Children.
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09/11/2017