Committee on Rights of Child reviews reports of Thailand on the sale of children and on children in armed conflict

Committee on the Rights of the Child
25 January 2012

The Committee on the Rights of the Child today reviewed the reports of Thailand on how that country is implementing the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict.

Gehad Madi, Committee Expert acting as Rapporteur for the report of Thailand on the Optional Protocol on children in armed conflict, welcomed the new law raising the legal age for military recruitment to 18, but asked for clarification on what age children could enrol in military schools. He also voiced serious concern about the situation in the southern border provinces, where children reportedly took part in Community Defence Units.

Other Experts asked questions about child soldiers from Myanmar living in refugee camps, children being arrested under martial law in the southern border region, and the dissemination of new Government guidelines on children in armed conflict.

Pilar Nores, Committee Expert acting as Rapporteur for the report of Thailand on the Optional Protocol on the sale of children, child prostitution and child pornography, congratulated Thailand on its 2008 anti-trafficking act to bring its legislation into line with the Optional Protocol, but said that terms such as the sale of children, child trafficking, child prostitution and child pornography needed to be clearly defined in legislation. The sale and prostitution of children had increased because of the increase of sex tourism to Thailand and low-level corruption in the police and local authorities contributed to violations of children.

Other Experts asked the delegation questions about the punishment for perpetrators of child pornography and child prostitution, about a code of ethics for the tourism industry, measures to tackle trafficking of children, particularly between neighbouring countries, legislation on cyber crime and child pornography on the internet, and support provided to child victims.

In concluding remarks, Agnes-Akosua Aidoo, the Committee Expert acting as Rapporteur for the report of Thailand on the Convention on the Rights of the Child, which was reviewed yesterday and this morning (CRC/12/10), said Thailand could make more progress especially in the fields of sex tourism, discrimination and social inequalities, training officials and combating corruption in the fight against child prostitution.

In concluding remarks, Ms. Nores congratulated the Government on its achievements, which included the law on trafficking. That law must be applied in practice, there had been no sanctions handed down to companies who had been found forcing children to work, whether in prostitution, domestic service or in the fisheries.

Mr. Madi, in concluding remarks, said that an explicit reference to the criminalisation of children in armed conflict was needed in legislation, and the situation in the southern border provinces needed greater attention. Policies to protect the rights of children in refugee camps, and the rights of child asylum seekers, must be put in place, as well as allowing United Nations agencies continuous unimpeded access to the camps along the Myanmar–Thailand border.

Chutintorn Gongsakdi, Acting Head of Delegation and Deputy Director-General of the Department of International Organizations within the Ministry of Foreign Affairs of Thailand, said many of the issues raised were challenges the Government was already working on. Thailand was aware that its laws were good, but effective implementation of them, without discrimination, was vital. Thailand had an unwavering commitment to the rights of the child, and was seriously considering becoming party to the new Optional Protocol on the communications procedure.

The delegation of Thailand included representatives from the Ministries of Social Development and Human Security, Foreign Affairs, Education, Public Health, Labour, Defence, Office of National Security Council, Office of the Attorney General, Committee on Child and Youth Development Programme, Faculty of Law at Chulalongkorn University, the Anti Human Trafficking Division of the Royal Thai Police, the Internal Security Operations Command of the Fourth Army Region, the Southern Border Provinces Adminstrative Centre, the Permanent Mission of Thailand to the United Nations Office at Geneva and youth representatives from Narasikhalai School and Chomsurang Upatham School.

The next meeting of the Committee will take place at 10 a.m. on Thursday, 26 January when the Committee will start its review of the combined third and fourth periodic report of Cook Islands (CRC/C/THA/3-4).

Reports

Thailand’s initial report on the Optional Protocol on the involvement of children in armed conflict can be read here: (CRC/C/OPAC/THA/1) and on the Optional Protocol on the sale of children, child prostitution and child pornography can be read here: (CRC/C/OPSC/TGO/1).

Questions from Experts on the Optional Protocol on children in armed conflict

GEHAD MADI, Committee Expert acting as Rapporteur for the report of Thailand on the Optional Protocol on children in armed conflict, welcomed the State party’s law making the legal age for military recruitment 18, and the ruling that children below the age of 18 were prohibited from taking part in community military training. However neither the Penal Code or the Children’s Act specifically criminalised the recruitment of children below the age of 18.
An Expert asked for clarification on what age children could enrol at military schools, as it seemed the Royal Thai Navy School of Music would accept a child of 12, but other schools only enrolled children from 15 years of age.

The situation in the southern border provinces was of serious concern to the Committee. There were reports that children under the age of 18 volunteered in village-level Community Defence Units. The ongoing application of emergency and martial laws in the southern border provinces gave the State extraordinary powers to arrest an individual without sufficient reason. It was reported that children below 18 had been arrested and interrogated for their supposed connection with armed groups, and had been convicted under martial courts. It was also reported that over 300 schools in the conflict region had been victim to arson attacks between 2004 and 2011, and almost 10,000 violent incidents left over 4,000 dead while over 4,000 children had lost one or more parent.

An Expert said that children who had been recruited in Myanmar as soldiers, who then fled to Thai refugee camps, risked being re-recruited against their will by Myanmar insurgency groups operating in the camps. Between 2008 and 2010 it was reported that 14 children were victims. What measures were in place to prevent children being recruited from refugee camps? It seemed there was no mechanism to identify former child soldiers among refugees and asylum seekers and to provide them with adequate means to be reintegrated into society. Those children risked being forcibly returned to Myanmar where they risked being re-recruited or even imprisoned.

Response by the Delegation on the report of Thailand on the Optional Protocol on children in armed conflict

The delegation of Thailand said the Government would like to lift the emergency laws covering the southern border provinces as soon as possible. However, it was a weighty situation and very difficult to engage with the armed groups, as they appeared to have no clear structure or leaders, and their acts of violence were sporadic and limited to certain areas. Regarding United Nations Security Council Resolution 16/12, the Government was not listed and denied it should be part of that process. Those perpetrating the criminal acts should be recognized, while international intervention would overcomplicate the situation. All authorities now preferred to use the civilian juvenile courts for children suspected of being engaged in illegal activities in the southern border provinces.

While there was no express law prohibiting the recruitment of children under the age of 18, other laws such as the Child Protection Act did apply. While the sanctions were mild, other laws such as the Penal Code did apply strong sanctions of several years detention and large fines.

A delegate clarified that the Royal Thai Navy School of Music was the only school that accepted children from the age of 12, while other military schools accepted children from the age of 15. The military school curriculum for pre-undergraduates was similar to that of other middle high schools, but had more focus on discipline. It had nothing to do with military training though. By law, children under the age of 18 could not be recruited into the Thai army or used in any conflict, and any person breaking that law would be prosecuted.

Measures to prevent children’s involvement in the southern border region’s Community Defence Units or ‘Chor Ror Bor’, included obligatory age checks and penalties for officials responsible, as well as regular monitoring of the units. Martial law was used to arrest perpetrators because usually perpetrators had taken an oath not to reveal any details of their illegal acts, so normal law would be ineffective. If a child was found to be involved in illegal activities they had to be referred to a court with 24 hours. Training of police and security officials in human rights was provided, alongside a handbook containing guidelines which they must carry with them. Emergency law had been lifted from five out of 37 districts already, and it was planned to lift it from more districts as stability spread. Of the 4,000 deaths referred to by an Expert, only 28 per cent of those were from violent incidents, the rest were caused by fighting and personal conflict, as well as drugs and the local mafia. The area was not considered to be a war zone, people did live normal lives there. A public relations campaign directed at children in the region taught them about risky situations and how to avoid dangerous areas.

There were procedures to identify former child soldiers and not repatriate them back to Myanmar. The registration process was taken in line with the recommendations of the United Nations High Commissioner for Refugees and allowed officials to keep track of and survey children. It was a sensitive situation if the Myanmarese neighbours accused Thailand of supporting anti-Government forces. The day to day running of Thai refugee camps was done by Myanmarese people under the supervision of Thai authorities. Every time the Thai Government wanted to implement change they had to negotiate with the elders who were leaders in the camps. Overall Thailand was a good host to the people of Myanmar living in the refugee camps, in line with United Nations guidelines.

Questions from Experts on the Optional Protocol on the sale of children, child prostitution and child pornography

PILAR NORES, Committee Expert acting as Rapporteur for the report of Thailand on the Optional Protocol on the sale of children, child prostitution and child pornography, said the Committee congratulated Thailand on its 2008 anti-trafficking act to bring its legislation into line with the Optional Protocol. Terms such as the sale of children, child trafficking, child prostitution and child pornography needed to be clearly defined in legislation. The Government itself said the sale and prostitution of children had increased because of the growth in sex tourism to Thailand. What dissuasive measures had been taken with the tourism industry, the media, hotels and the public at large to educate them about child exploitation? Was a code of ethics with the media and the tourism industry being considered, and what powers did the Government have to close down premises where offences had been committed, to seize assets generated by activities such as child prostitution, and specifically stop sex tourism in Thailand? Was there a database on foreigners who travelled to Thailand to have sex with children, and had any individuals been prosecuted? What was Thailand’s policy on extradition of foreign violators of child rights?

Low-level corruption in the police and local authorities, and complicity between bad Government officials and those responsible for the sale of children, child prostitution and child pornography, contributed to terrible violations of children. The problem lay not so much in tightening laws but in law enforcement. How were the police and others being trained in identifying cases of child pornography and prostitution? The State party’s report mentioned International Labour Organization conventions prohibiting child labour and its worst forms, yet 100,000 children continued to work in the industry.

How were persons guilty of providing or possessing child pornography, or those who made it available, punished? What type of material was considered to be pornographic – were digital, simulated and non-visual images included? Did the Government block websites showing child pornography, and were Thai children educated about internet use?

An Expert noted with satisfaction the National 2005 to 2010 Action Plan Against Trafficking, and asked whether another action plan on the sale of children was being considered. The Expert queried whether State budgetary provisions to tackle trafficking were enough, standing at $300 million allocated for victim assistance, $200 million for compensation and $14 million for prevention methods. Children were sometimes taken to court as victims or offenders; was account taken of the best interest of the child at all levels of court proceedings, including protection of victims? What after-care was provided to victims of trafficking, prostitution and pornography? Unlawful trafficking of children for the purpose of prostitution and pornography, especially on the borders, seriously undermined the rights of children in neighbouring countries, particularly Myanmar, Lao People’s Democratic Republic, Cambodia and China.

Response by the Delegation on the report on the Optional Protocol on the sale of children, child prostitution and child pornography

The 2008 Anti-Trafficking in Persons law and the 2010 Prevention and Suppression of Prostitution Act of 1996 were among legislation to prevent trafficking of children, the delegation of Thailand said. A draft Anti-Provocative Materials law had been submitted to the cabinet, which contained better definitions of child pornography and other relevant terms. There was an annual ‘Anti Human Trafficking Day’ and media campaigns to raise awareness. Other strategies to combat trafficking included career development programmes for women and children living in vulnerable areas, funds to help children complete their education, and networks for vulnerable persons which would strengthen them. There was a $30 million fund for compensation for victims of human trafficking, which included both Thai and other nationalities.

The Ministry of Justice was responsible for victim and witness protection programmes. A policy was in place to prevent child witnesses from being re-victimised in court cases, and specially trained police officers, social workers, psychologists and other experts worked alongside the child’s family or guardians to ensure that. Compensation for the child was decided by the court prosecutor, and paid by perpetrators and the State.

Perpetrators of child pornography or prostitution could be punished with a fine or seizing of assets (for companies) and imprisonment for individuals and company managers. Combating child pornography on the internet was a Government priority. Under the 2007 Cyber Act online child pornography was an offence, and offending websites would be referred to the courts. The Criminal Code prohibited the production, ownership, sale, production or export of child pornography. In the past the word ‘pornography’ was defined as ‘pictures or items of disgust or that would cause sexual embarrassment’ that could be in the form of ‘nude pictures, pictures of sex organs or of sexual intercourse with the purpose of making the viewer have sexual emotions’ and could be the form of printed pictures, movies or commercials. That definition was limited, but a new law on provocation had helped prosecute more perpetrators of child pornography.

At that point in the dialogue an Expert intervened to ask whether it was also illegal for an adult to use the internet to ‘groom’ a child for sexual exploitation, or to meet up. The delegation confirmed that grooming of children under the age of 18 was illegal, including any attempt to make contact with a child for that purpose.

The tourist police had assisted child victims who had been tricked into prostitution, with or without their consent. Some children were also victims of trafficking. There was a joint effort to prevent sex tourism, including non-governmental organizations and Embassies in Thailand using the tourist police to help arrest nationals who were suspected of using child prostitutes and other offences. A Code of Conduct to protect children from sexual exploitation within the travel and tourism industry was underway, and tourism groups and hotels were signing up to it. A delegate agreed that Thailand had a problem with data gathering, and better data on child victims was needed.

The principle of extradition was that the offence must be a criminal offence in the country requesting extradition, carrying a minimum punishment of one year imprisonment. Thailand held extradition treaties with up to 15 countries, and could accommodate extradition requests on the basis of reciprocal principles.

The One-Stop Crisis Centre helped child victims, and in 2011 helped nearly 10,000 children, including 600 migrant workers, mostly from the Lao People’s Democratic Republic. Less than 50 children had been victims of prostitution. Agencies provided protection and care to victims of trafficking in the form of temporary shelters and halfway houses (for both genders) across the country. Victims were treated for communicable diseases, mental health and other health problems and provided with training for jobs and help reintegrating back to their place of domicile, or being repatriated back to their homeland, with the help of their country’s embassy. Sometimes Thai social workers accompanied foreigners back to their home, especially to Lao People’s Democratic Republic and Myanmar, to ensure they were well treated and received a reintegration programme in their home country.

Concluding Remarks

AGNES-AKOSUA AIDOO, Committee Expert acting as Rapporteur for the report of Thailand, said that Thailand had made good progress but could do more still, particularly in important areas such as vigilance of private sector investment in children and the children of migrants and refugees. Other concerns were pollution, environmental degradation of the sea coast, sex tourism and the entire impact of the tourism industry on children. Discrimination and social inequalities undermined Government efforts, as many children were being left behind in education and healthcare. Children in the north, the north-east and the south of the country were especially affected by poverty. Officials should be constantly trained on new laws and policies, and on child rights, especially at the local level. Corruption was a problem in fighting child prostitution.

PILAR NORES, Committee Expert acting as Rapporteur for the report of Thailand on the Optional Protocol on the sale of children, child prostitution and child pornography, thanked the delegation for a rich and fruitful dialogue, and congratulated the Government on its achievements, which included the law on trafficking. That law must be applied in practice, there had been no sanctions handed down to companies who had been found forcing children to work, whether in prostitution, domestic service or in the fisheries.

GEHAD MADI, Committee Expert acting as Rapporteur for the report of Thailand on the Optional Protocol on children in armed conflict, appreciated the open and frank dialogue but said an explicit reference was needed for the criminalisation of children in armed conflict – in all settings, not just the armed forces – in legislation. The situation in the southern border provinces needed more attention from the authorities. It was hoped that emergency and martial law applied there would be lifted in the near future, and that the Juvenile Justice Law would be applied to children under 18 years in all circumstances, without exception. Policies to protect the rights of children in refugee camps, and the rights of child asylum seekers, must be put in place, as well as allowing United Nations agencies continuous unimpeded access to the camps along the Myanmar–Thailand border.
CHUTINTORN GONGSAKDI, Acting Head of Delegation and Deputy Director-General of the Department of International Organizations within the Ministry of Foreign Affairs, said he wished there was more time to respond to every question raised, but noted that management of data was a continuous theme. Many of the issues raised were challenges the Government was already working on. Thailand was aware that laws were good, but effective implementation of them, without discrimination, was vital. Thailand had unwavering commitment to the rights of the child, and was seriously considering becoming party to the new Optional Protocol on a communications procedure.

JEAN ZERMATTEN, Committee Chairperson, warmly thanked the delegation and said the Committee would keep a close eye on the progress they would undoubtedly make in the future.

__________

For use of the information media; not an official record