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COMMITTEE ON RIGHTS OF CHILD CONCLUDES REVIEW OF REPORT OF THAILAND
02 October 1998
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MORNING
HR/CRC/98/54
2 October 1998
The Committee on the Rights of the Child this morning concluded its review of the situation of children’s rights in Thailand by recommending that measures be undertaken to eliminate corporal punishment in family and school environments.
In their preliminary concluding observations and recommendations, Committee members encouraged the Government to give priority to child protection and promotion plans and suggested that it adopt measures to protect sexual and labour exploitation of children.
Final and written concluding observations and recommendations will be issued towards the end of the Committee's three-week session which concludes on 9 October.
As one of 191 States parties to the Convention on the Rights of the Child, Thailand is obliged to submit periodic reports to the Committee on efforts of the Government to implement the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will consider in private its concluding observations and recommendations on reports which it has examined this session.
The Committee meets in public at 10 a.m. on Monday, 5 October for a general discussion on the question of “children living in a world with HIV/AIDS”.
Discussion
In response to numerous questions raised by Committee experts yesterday, the two children among the delegation said that the situation of children in schools had not been affected by the current economic crisis in the country. The atmosphere in schools and family relationships were unchanged.
With regards to children with disabilities, other members of the delegation said that children with disabilities were protected against discrimination under the rehabilitation of the Disabled Act of 1991. It provided welfare protection, development and rehabilitation including medical treatment, education, vocational rehabilitation and training to children with disabilities. In schools, material incentives were awarded to teachers who admitted more students with disabilities in their classes.
The delegation agreed with Committee members that corporal punishment could harm the development of children. A public debate had recently erupted in Thailand on whether or not to end the practice of corporal punishment both in school and the family. Some schools applied corporal punishment as a disciplinary measure instead of promoting preventive methods to avert wrongdoings by students. However, the Government was planning to launch a programme of public awareness in order to solve this traditional practice of child beating and corporal punishment, added the delegation. Corporal punishment was still practised at schools as a means of teaching and improving the character of the child. However, there was general public agreement that other disciplinary methods should be used instead of physical punishment. If canning was carried out excessively or without reasonable cause, the teachers or officials who canned the child were liable for punishment under the penal code.
On the question of child pornography, the delegation said that the production, sale and spread of pornography of any kind was strictly prohibited in Thailand. The Government had made the possession of child pornography a crime punishable by up to three years imprisonment. In addition, the Government was engaged in the fight to restrict child pornography through the Internet. Although Thai legislation had no provisions to prohibit the spread of pornography, particularly to control the Internet service providers, the Government was seeking international cooperation in this regard.
With regards to data-collection, the delegation said that a statistics and child information centre had been set up under the National Youth Bureau as a central body to collect data on children and youth. However, a networking system to link data-collection across agencies had yet to be established.
On the question of polygamy, the delegation said that its practice was illegal. However, there was a tradition by some males to have a "major wife" and a "minor wife". Having a "minor wife" was illegal although her children were legal. Although Thai Muslims accounted for 52.6 per cent of the total combined population, the illegality of the practice of polygamy was also valid for that segment of the population, added the delegation.
Thai street children, including boys, had been victims of sexual tourism, the delegation told the Committee, adding that the Government was seriously considering the criminalization of sexual tourism. In addition, social workers were endeavouring to reduce the number of street children by providing them with shelters and activities. However, there were insufficient numbers of personnel when compared with the number of children needing assistance. In addition, many of the personnel had negative attitudes towards street children. Inadequacy of funds, equipment and space to organize activities were other aspects of the problem which deterred the implementation of programmes for the purpose of alleviating conditions of street children.
The members of the Thai delegation said that although the 1998 budget allocation for education, health, and labour programmes remained intact, the reduction of the budget for administration, seminars and training and the delay in the budget allocation caused negative effects on the implementation of the child and youth development programmes to a certain extent. In the same manner, the programme to provide assistance to immigrants, had faced budget constraints. Many illegal immigrants, including children, were still held in various detention centres in Bangkok and along the border. That had resulted in overcrowding, inadequate food, and exploitation of children by adults. Lack of specific legal provisions regarding the period of detention added to existing administrative problems.
Although displaced children and asylum seekers who fled internal armed or political conflicts were legally classified as "illegal immigrants" under Thai law, Thailand's treatment of those people was based on humanitarian principles. Some illegal immigrants entering Thailand purely in search of employment were detained at immigration detention centres, pending their repatriation. There were others who avoided arrest by the authorities and became hidden labour working illegally on Thai soil. Recently, the Government had allowed the United Nations High Commissioner for Refugees (UNHCR) to take greater role in monitoring the situation of the camps of Burmese displaced persons along the border.
The Thai Government delegation stated that there remained a cultural perception that children should be seen and not heard. However, the new Constitution endeavoured to change that attitude by guaranteeing the right to freedom of expression of Thai citizens. Furthermore, the educational authorities had developed a curricula whereby students were the focal point of study, enabling them to discover their talents and interests. Children were encouraged to analyse problems and to propose practical solutions for advancement of themselves, their families and their localities.
A question was asked on nationality to which the delegation said that according to the current law on nationality, a child born of a Thai father or a Thai mother should be granted Thai nationality. There was no automatic granting of nationality to children born to foreign parents on Thai soil. Nevertheless, a request from those born in Thailand of displaced persons or illegal immigrants or those born without nationality could be considered by the authorities. Much depended upon the discretion of the Thai authorities to grant nationality to those who would otherwise be stateless.
Preliminary Observations and Recommendations
Committee members thanked the delegation of Thailand for the fruitful dialogue it held with them. They said the delegation conducted the dialogue in self-criticism which was a way to improve the situation with regards to the rights of the child.
Committee members said that the Government had taken several positive measures in implementing the provisions of the Convention through legislative reforms. Despite the economic crisis which Thailand faced, the Government had endeavoured to discharge its international commitment, they said.
The Committee members appreciated the presence of children in the delegation who expressed their points of view vis-à-vis the rights enshrined in the Convention.
The Government of Thailand was encouraged to continue its efforts to disseminate the provisions of the Convention and to strengthen the training programmes aimed at training law enforcement people.
Committee members also encouraged the Government to reconsider the possibility of withdrawing its reservations on articles 7 and 22 of the Convention.
They further encouraged the Government to give priority to child protection plans in order to enhance the promotion and protection of the rights of children. They also suggested that Thailand adopt measures to protect sexual and labour exploitation of children.
Committee members recommended that the Government intensify its fight against corruption in the country and continue its monitoring of the strict implementations of programmes for the promotion of children's rights.
They also recommended that measures be undertaken to eliminate corporal punishment in family and school environments.
HR/CRC/98/54
2 October 1998
The Committee on the Rights of the Child this morning concluded its review of the situation of children’s rights in Thailand by recommending that measures be undertaken to eliminate corporal punishment in family and school environments.
In their preliminary concluding observations and recommendations, Committee members encouraged the Government to give priority to child protection and promotion plans and suggested that it adopt measures to protect sexual and labour exploitation of children.
Final and written concluding observations and recommendations will be issued towards the end of the Committee's three-week session which concludes on 9 October.
As one of 191 States parties to the Convention on the Rights of the Child, Thailand is obliged to submit periodic reports to the Committee on efforts of the Government to implement the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will consider in private its concluding observations and recommendations on reports which it has examined this session.
The Committee meets in public at 10 a.m. on Monday, 5 October for a general discussion on the question of “children living in a world with HIV/AIDS”.
Discussion
In response to numerous questions raised by Committee experts yesterday, the two children among the delegation said that the situation of children in schools had not been affected by the current economic crisis in the country. The atmosphere in schools and family relationships were unchanged.
With regards to children with disabilities, other members of the delegation said that children with disabilities were protected against discrimination under the rehabilitation of the Disabled Act of 1991. It provided welfare protection, development and rehabilitation including medical treatment, education, vocational rehabilitation and training to children with disabilities. In schools, material incentives were awarded to teachers who admitted more students with disabilities in their classes.
The delegation agreed with Committee members that corporal punishment could harm the development of children. A public debate had recently erupted in Thailand on whether or not to end the practice of corporal punishment both in school and the family. Some schools applied corporal punishment as a disciplinary measure instead of promoting preventive methods to avert wrongdoings by students. However, the Government was planning to launch a programme of public awareness in order to solve this traditional practice of child beating and corporal punishment, added the delegation. Corporal punishment was still practised at schools as a means of teaching and improving the character of the child. However, there was general public agreement that other disciplinary methods should be used instead of physical punishment. If canning was carried out excessively or without reasonable cause, the teachers or officials who canned the child were liable for punishment under the penal code.
On the question of child pornography, the delegation said that the production, sale and spread of pornography of any kind was strictly prohibited in Thailand. The Government had made the possession of child pornography a crime punishable by up to three years imprisonment. In addition, the Government was engaged in the fight to restrict child pornography through the Internet. Although Thai legislation had no provisions to prohibit the spread of pornography, particularly to control the Internet service providers, the Government was seeking international cooperation in this regard.
With regards to data-collection, the delegation said that a statistics and child information centre had been set up under the National Youth Bureau as a central body to collect data on children and youth. However, a networking system to link data-collection across agencies had yet to be established.
On the question of polygamy, the delegation said that its practice was illegal. However, there was a tradition by some males to have a "major wife" and a "minor wife". Having a "minor wife" was illegal although her children were legal. Although Thai Muslims accounted for 52.6 per cent of the total combined population, the illegality of the practice of polygamy was also valid for that segment of the population, added the delegation.
Thai street children, including boys, had been victims of sexual tourism, the delegation told the Committee, adding that the Government was seriously considering the criminalization of sexual tourism. In addition, social workers were endeavouring to reduce the number of street children by providing them with shelters and activities. However, there were insufficient numbers of personnel when compared with the number of children needing assistance. In addition, many of the personnel had negative attitudes towards street children. Inadequacy of funds, equipment and space to organize activities were other aspects of the problem which deterred the implementation of programmes for the purpose of alleviating conditions of street children.
The members of the Thai delegation said that although the 1998 budget allocation for education, health, and labour programmes remained intact, the reduction of the budget for administration, seminars and training and the delay in the budget allocation caused negative effects on the implementation of the child and youth development programmes to a certain extent. In the same manner, the programme to provide assistance to immigrants, had faced budget constraints. Many illegal immigrants, including children, were still held in various detention centres in Bangkok and along the border. That had resulted in overcrowding, inadequate food, and exploitation of children by adults. Lack of specific legal provisions regarding the period of detention added to existing administrative problems.
Although displaced children and asylum seekers who fled internal armed or political conflicts were legally classified as "illegal immigrants" under Thai law, Thailand's treatment of those people was based on humanitarian principles. Some illegal immigrants entering Thailand purely in search of employment were detained at immigration detention centres, pending their repatriation. There were others who avoided arrest by the authorities and became hidden labour working illegally on Thai soil. Recently, the Government had allowed the United Nations High Commissioner for Refugees (UNHCR) to take greater role in monitoring the situation of the camps of Burmese displaced persons along the border.
The Thai Government delegation stated that there remained a cultural perception that children should be seen and not heard. However, the new Constitution endeavoured to change that attitude by guaranteeing the right to freedom of expression of Thai citizens. Furthermore, the educational authorities had developed a curricula whereby students were the focal point of study, enabling them to discover their talents and interests. Children were encouraged to analyse problems and to propose practical solutions for advancement of themselves, their families and their localities.
A question was asked on nationality to which the delegation said that according to the current law on nationality, a child born of a Thai father or a Thai mother should be granted Thai nationality. There was no automatic granting of nationality to children born to foreign parents on Thai soil. Nevertheless, a request from those born in Thailand of displaced persons or illegal immigrants or those born without nationality could be considered by the authorities. Much depended upon the discretion of the Thai authorities to grant nationality to those who would otherwise be stateless.
Preliminary Observations and Recommendations
Committee members thanked the delegation of Thailand for the fruitful dialogue it held with them. They said the delegation conducted the dialogue in self-criticism which was a way to improve the situation with regards to the rights of the child.
Committee members said that the Government had taken several positive measures in implementing the provisions of the Convention through legislative reforms. Despite the economic crisis which Thailand faced, the Government had endeavoured to discharge its international commitment, they said.
The Committee members appreciated the presence of children in the delegation who expressed their points of view vis-à-vis the rights enshrined in the Convention.
The Government of Thailand was encouraged to continue its efforts to disseminate the provisions of the Convention and to strengthen the training programmes aimed at training law enforcement people.
Committee members also encouraged the Government to reconsider the possibility of withdrawing its reservations on articles 7 and 22 of the Convention.
They further encouraged the Government to give priority to child protection plans in order to enhance the promotion and protection of the rights of children. They also suggested that Thailand adopt measures to protect sexual and labour exploitation of children.
Committee members recommended that the Government intensify its fight against corruption in the country and continue its monitoring of the strict implementations of programmes for the promotion of children's rights.
They also recommended that measures be undertaken to eliminate corporal punishment in family and school environments.