CMNT_TITLE

Worst Forms of Child Labour Convention, 1999 (No. 182) - Thailand (RATIFICATION: 2001)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 287 of the Penal Code contains a general prohibition on the production, possession or exhibition of any document, drawing, print, picture, photograph, film or tape which is “obscene”. It also noted with concern that child pornography continued to be a problem in practice.

The Committee notes the Government’s statement that the provisions under the Anti-Trafficking in Persons Act B.E 2551 (2008) (Anti-Trafficking in Persons Act) are enforced to prosecute offenders for the offences related to child pornography. The Committee notes that section 52 read in conjunction with sections 4 and 6 of the Anti-Trafficking in Persons Act states that whoever commits an offence of trafficking of children (procuring, buying, selling, bringing, detaining or receiving) under the age of 18 years for purposes of exploitation, which includes the production or distribution of pornographic materials, shall be punished with imprisonment from six to 15 years. Moreover, section 26 of the Child Protection Act of 2003 prohibits any person to force, threaten, use, induce, instigate, encourage or allow a child under the age of 18 years to perform or act in a pornographic manner and shall be liable to imprisonment and fine (section 78). The Committee requests the Government to provide information on the application in practice of the provisions under the Ant-Trafficking in Persons Act and the Child Protection Act with regard to the use, procuring or offering of children under the age of 18 years for the production of pornography and for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular, for the production and trafficking of drugs. In its previous comments, the Committee noted that while the production, importation, exportation, possession or consumption of narcotics is prohibited under the Narcotics Act of 1979, the use, procuring or offering of a child under 18 years of age for this purpose did not appear to be prohibited. It also observed that children as young as 10 years of age participate in drug trafficking, and the majority of these children between 12 and 16 years are used to buy or sell drugs.

In this regard, the Committee notes the Government’s reference to the provisions under the Penal Code (of 1956 as amended up to 2003) and the Child Protection Act. The Penal Code, under section 83, makes it an offence to instigate or cause another person to commit an offence. The Committee notes that section 26 of the Child Protection Act prohibits any person from: (5) forcing, threatening, encouraging, inducing or using a child to beg or to commit crimes; (6) using, employing or asking a child to act in a way that causes physical or mental harm to the child or affects the child’s growth or development; or (7) forcing, threatening, using, instigating or encouraging a child to commit any acts indicative of commercial exploitation which hinders the child’s growth and development or constitutes an act of torture against the child. The definition of “torture” under section 4 of the Act includes any act of unlawful or immoral nature. The Committee requests the Government to provide information on the application in practice of section 83 of the Penal Code and section 26(6) and (7) of the Child Protection Act with regard to the use, procuring or offering of a child under the age of 18 years for illicit activities, in particular for the production and trafficking of drugs.

Article 5. Monitoring mechanisms. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour, through the Department of Labour Protection and welfare (DLPW) conducted a number of training sessions to enhance the capacity of labour inspectors. Accordingly: (i) in November 2014, a workshop on guidelines towards elimination of the worst forms of child labour and training on child labour monitoring was conducted in Nonthaburi Province which was attended by 109 labour inspectors from central and regional offices; (ii) and four training programmes on capacity-building for labour inspectors in the fishing and sea food sectors, was conducted in collaboration with ILO, in which 112 labour inspectors participated. The Committee also notes the Government’s statement that each year, a regular plan for labour inspection is established with focus on child labour in industries such as shrimp processing, sugar cane, and garments as well as small enterprises or clandestine establishments in villages or communities located faraway. The following actions were undertaken within this plan:

-Labour inspector ad hoc teams were set up to inspect garment workplaces in Mae Sot in June 2014. Under this action, 73 workplaces were inspected and two child workers aged between 5 to 17 years were found.
-26 shrimp processing establishments were inspected in July 2014 and one worker under the age of 18 years was found.

Moreover, strategic plans for the 76 garment and 26 shrimp processing establishments were formulated and implemented to create a database on labour inspection planning and to prevent any misconduct by employers. The Committee requests the Government to continue to provide information on the activities of the labour inspectorate in monitoring the worst forms of child labour and their impact, including the number of violations detected and penalties imposed.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Policy and Plan to Eliminate the Worst Forms of Child Labour. The Committee notes the Government’s information that the DLPW, in collaboration with concerned ministries, designed and implemented the National Policy and Plan to Eliminate the Worst Forms of Child Labour 2009–14. The Committee notes the Government’s indication that though the evaluation results of this policy indicated substantial progress in the implementation of its strategies and measures and efficient coordination among concerned offices, it lacked sufficient financial resources to support and enable activities to promote the various strategies and measures of the Plan. It also notes the Government’s information that based on this evaluation and ensuing recommendation, the Government has drafted the second National Policy and Plan to Eliminate the Worst Forms of Child Labour 2015–20 which is being submitted to the cabinet for approval. The Committee expresses the firm hope that the National Policy and Plan to Eliminate the Worst Forms of Child Labour 2015–20 will be adopted and implemented in the near future. It requests the Government to provide information on the concrete measures taken within the framework of this national plan and the impact of these measures towards the elimination of the worst forms of child labour.