Since 30 July each year is World Day Against Trafficking in Persons, and in recognition of the significance of the problem of human trafficking in Thailand, the Alumni Relations Team is honoured to welcome Professor Narong Jaiharn, lecturer at the Centre for Criminal Law and Criminology, Faculty of Law, Thammasat University, to present the legal provisions and judicial procedures that have been developed, and the legal mechanisms that are used, to suppress human traffickers and offer remedies to victims of human trafficking. The 2021 U.S. human trafficking assessment report places Thailand on the Tier 2 Watch List.[1]
The international principles used to address human trafficking and to help its victims may be split into three concepts: prevention, suppression and protection.[2] This means preventing offences and suppressing offenders aggressively and effectively and protecting victims of human trafficking so that they are safe, receive a remedy for what they have suffered, and are returned to their homeland. These three principles have been instituted in Thailand through the development of both legal mechanisms and international coordination in the ASEAN region, and domestically through the integration and cooperation of relevant agencies, in both public and private sectors.
For reasons of space, I would like to talk specifically about the suppression of human trafficking by presenting the development of Thai law, in particular the Human Trafficking Prevention and Suppression Act B.E. 2551 (2008). In this Act, the offence of human trafficking is defined in Section 6, which sets out the elements of the offence as an act done in conducting business of supplying or procuring persons against their will, including coercing, compelling or deceiving another person. However, if the act is done to a person under the age of 18,
the elements of the offence will be satisfied if the person is supplied or brought either voluntarily or involuntarily. This is to address sexual exploitation, forced labour, enslavement and quasi-slavery, forced begging and organ removal. The Act imposes severe penalties in terms of both prison sentences and fines,[3] and if it is committed through criminal organisations, officials, or members of a house of representatives, the penalties are increased.[4]
In addition, human trafficking offences are relevant offences for the purpose of money laundering laws, and officials under money laundering laws can take measures under civil law to forfeit offenders' assets.[5] This prevents traffickers from exploiting money or assets obtained from human trafficking. It is considered the most effective type of measure for tracing assets which come from the commission of offences.
As for bringing cases against traffickers, Thai law has established a specific procedure for human trafficking cases to make prosecutions effective and fast, according to the rules set out in the Human Trafficking Cases Procedure Act B.E. 2559 (2016). The Office of the Public Prosecutor may make a request for compensation for the victim in the indictment for a criminal prosecution,[6] and the court conducts the investigation into the facts using the inquisitorial method of judicial procedure,[7] which equates to the court playing a proactive role in finding the truth and enables the court to conduct the case in the absence of the defendant if the defendant absconds.[8] Moreover, the proceedings of the case will be reviewed by the Court of Appeal and permission may be given to appeal to the Supreme Court. This allows cases to be concluded quickly and effectively,[9] but safeguards the rights of defendants in accordance with international standards. In addition, information relating to the case will be retained Judgments involving human trafficking cases and statistics and prosecutions can be systematically traced each year. This information is shared between relevant agencies to enable coordination in prevention and suppression, and to prevent trafficking from entering the Kingdom of Thailand, since the information can be shared with immigration agencies.
Therefore, it can be seen that Thai law has mechanisms to for suppressing human trafficking that meet international standards. Thailand has been placed on the Tier 2 Watch List this year. The agency making the assessment reasoned that, in the field of law enforcement, human trafficking was not taken seriously. There was a reduction in the number of arrests of offenders and punishments for defendants, less coordination with non-profit organisations in cooperative suppression activities, and officials were considered to lack understanding of the law for assisting victims or conducting prosecutions.[10] However, considering the statistics in the Human Trafficking Prevention and Suppression Report 2020, the facts show that the opposite is true. From the statistics for cases, the numbers of both prosecutions and penalties have increased. Also, there is cooperation with non-profit NGOs both inside and outside of the country, which is genuine and systematic.[11]
However, improving efficacy of law enforcement requires emphasis on personnel who specialise in human trafficking prosecutions, from conducting investigations and bringing cases, ongoing training of those involved and developing a handbook for bringing cases, gathering evidence and coordination of uniform standards.[12] The prevention of corrupt officials is the means to develop a mechanism for being able to suppress and further reduce human trafficking in Thailand.
[1] Trafficking in Person Report 2021 https://www.state.gov/wp-content/uploads/2021/07/TIP_Report_Final_20210701.pdf, pp. 543-556, accessed on 6/07/21
[2] UNODC, Toolkit to Combat Trafficking in Persons GLOBAL PROGRAMME AGAINST TRAFFICKING IN HUMAN BEINGS https://www.unodc.org/documents/human-trafficking/HT-toolkit-en.pdf, accessed on 6/7/21
[3] Human Trafficking Prevention and Suppression Act B.E. 2551 (2008) Sections 52, 53 and 53/1
[4] Human Trafficking Prevention and Suppression Act B.E. 2551 (2008) Sections 10 and 13
[5] Money Laundering Prevention and Suppression Act B.E. 2542 (1999) Section 3(2)
[6] Human Trafficking Cases Procedure Act B.E. 2559 (2016) Section 13
[7] Human Trafficking Prevention and Suppression Act B.E. 2551 (2008) Section 8 paragraph 1
[8] Human Trafficking Cases Procedure Act B.E. 2559 (2016) Section 33
[9] Human Trafficking Prevention and Suppression Act B.E. 2551 (2008) Sections 41 and 45
[10] TIP report 2021, supra note 1.
[11] See Human Trafficking Division, Ministry of Social Development and Human Security, Summary of Report on Prevention and Suppression of Human Trafficking in Thailand for the year 2020, https://www.e-aht.com/startup/gotoInformationActivityDetail?informationID=298, accessed on 6/07/21
[12] See Thammasat University Research and Consultancy Institute (Narong Jaiharn and Research Committee), Final Report on tacking and assessment of the impact of the Human Trafficking Prevention and Suppression Act B.E. 2551 and amendments, presented to the Human Trafficking Division, Ministry of Social Development and Human Security B.E. 2562 (2019), Executive Summary
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