Thailand NCYDCRC Ngo Report

Thailand NGO Report on
The Implementation of the Convention on the Rights of the

Child
2000 2004
Submitted to
The United Nations Committee on the Rights of the Child
by
National Council for Child and Youth Development (NCYD)
Center for the Protection of Childrens Rights (CPCR)
and child and youth development NGOs and youth groups
Bangkok,
/var/www/apps/conversion/tmp/scratch_4/281086793.doc
June 2005
Thailand NGO Report on the Implementation of

the Convention on the Rights of the Child
2000 2004
Introduction
This report, prepared under the coordination of the National Council for Child and
Youth Development (NCYD) and the Centre for the Protection of Childrens Right s
(CPCR) in cooperation with child and youth organizations, youth groups, NGOs and
international organizations based in Thailand. The draft report was presented for
discussion at the national seminar held on 29 June 2005 with the aim to validate the
content, incorporate further comments and finalize the report in a participatory
manner.
The report which contains inputs of the NGOs and youth groups in Thailand to the
implementation of the UN Convention on the Rights of the Child, has three main
objectives: (1) To update the situation of children as from the Second Report to the
end of 2004, (2) To response to comments and observations of the Committee on the
Rights of the Child towards the Country Report and (3) To provide recommendations
for further actions by the Thai government, NGOs, youth groups and the civil society
at large.
Summary of the report
This report presents the views of NGOs and youth groups in Thailand on the
implementation of the Convention on the Rights of the Child during the period 2000
to 2004.
Progress
The report reflects on the progresses that Thailand has made regarding the rights of
children, Thai and non-Thai citizen, the improvement of laws and regulations as well
as the implementation of new child legislation. The Child Protection Act B.E. 2546
(2003), defining the child as a person below 18 years of age and eligible to
protection and welfare assistance in compliance with the principles of nondiscrimination and best interests of the child, came into effect on March 2004. These
principles are being applied to children with no legal status living in Thai territory.
The Act empowers role of the National Child Protection Committee, the Bangkok
Metropolitan Child Protection Committee and those Child Protection Committees at
the provincial level enabling them to recommend policies, plans, budgets, laws and
regulations and criterion on new child legislation and to appoint various subcommittees and/or working groups for the promotion of social welfare and safety
protection as well as behavior development. The Act guarantees an enabling
environment and facilities necessary for education, recreation activities,
occupational training, and physical and mental health checkup for children under
care of child welfare centers. Also included in the Act are the systems for monitoring
child welfare centers.
In 2001 and 2004 respectively, Thailand ratified the ILO Convention Nos. 182 and
138, which deal with the issues of the worst form of child labour and the minimumage for employment, hence brought the prevention of economic exploitation on
children in line with the international standards. A six-year national policy and plan
to address issue of trafficking of children and women, prepared by the National
Committee on Combating Trafficking in Children and Women, had been endorsed by
the Cabinet in July 2003. The MOU on Common Guidelines of Practices for Agencies
Concerned in Addressing Trafficking in Children has been signed amongst the nine
Northern Provinces.
Following the signing of an MOU between Thailand and
Cambodia on Bilateral Cooperation for Elimination of Trafficking in Children and
Women. Ministers and high level officials of the Greater Maekong Sub-Region
witnessed the participation of the Maekong children affected by trafficking who
openly shared their views on this problem and proposed practical recommendations
to be incorporated in the sub - regional plan of action.
The last amendment of the Criminal Code has included measures for better
protection of children from abuse. As well, laws on rape and abandonment provide
harsher penalties if the victim is a child. In September 2000, a number of important
new legislations that deal with the protection of witnesses, victims and offenders
who are under 18 years of age, came into effect. Bringing child victim and witness
for interviewing and/or testifying is guided by the Child Friendly Procedure Act
enabling the judicial process and the juvenile justice system more child-friendly. Both
the Central Juvenile and Family Court Act and the Children and Youth Conduct
Promotion Act provide protection for the basic rights including rights of privacy of
children in crime and sexual harassment cases.
Given the continued countrys economic recovery, extending basic education up to 9
years free and compulsory and the low growth rate, it is observed that there seems
to be the decrease in the number of child labor but increase in the number of
foreign working children, and the number of children as victims of trafficking and
commercial sexual exploitation.
The Centre for the Prevention and Suppression of the Trafficking of Children for
Prostitution and Labour under the Ministry of Interior has recently launched the
Commitment Fund Project that aims to help disadvantaged children to further their
education as needed. As stipulated in the National Economic and Social
Development Plan with regards to child and youth development, the Office of
Welfare Promotion, Protection and Empowerment of Vulnerable Groups is vigorously
working towards achieving the goals by making available scholarships fund for girl
students, establishing Child Rights Centers aiming to enhance capacity of child
rights networks to focus on child sexual abuse and prostitution in the local
community, as a pilot project in two provinces.
The Department of Social Development and Welfare (DSDW) under MSDHS through
its Occupational Assistance Programme has actively taken on extensive
responsibilities such as providing shelters, medical care, rehabilitation, protection
program, non-formal education, occupational training and assistance to young girls
working in commercial sex and in difficult circumstances.
Following the
government/ministerial restructuring policy, the Women, Child and Youth
Development Division, the Department of the Community Development of the
Ministry of Interior had been transformed into various offices within the MSDHS. This
new structure is designed to help the government broaden its work on building
capacities of people and organizations such as womens groups and women
development committees at both village and district levels as well as running early
childhood development centres.
To comply with the CRC with respect to the principle of indivisibility of rights, the
Ministry of Public Health has issued birth certificates to new born infants of illegal
migrants as well as
registration of migrant children and free vaccinations for
children of five years or younger.
The Education Reform Office was established in 2000 to implement reform strategies
as stated by the National Education Act 1999. Educational reform emphasizes

decentralization that gives opportunities for the local administration to organize
needed educational programs, and improvement of quality of education with the aim
of achieving universal access to 12 years of free education. Several key provisions of
the National Education Act 1999 took full legal effect in 2002; all children have the
right to access quality education of twelve years free of charge.
Challenges
Despite progresses on the implementation of the CRC, much works remain to be
done. There are some of remaining and ongoing emerging challenges related to the
rights and wellbeing of children that require immediate and effective coordinated
attention by the Thai government and the civil society. Two examples of serious
incidences that took place in the South of Thailand in 2004 have threatened lives,
safety and well-being of children and youth. One is conflict and violence by so-called
separatists in the three southern provinces affecting children there, both mentally
and physically. Another is the destruction caused by the tidal waves, Tsunami, along
the Andaman coast in six provinces not only affected families and children desperate
for materials assistance but also caused psychosocial trauma with the lost of loved
ones and belonging and also resulting in insecurity from such unexpected shocks.
Economic exploitation of children remains problems. The children continue to be atrisk by exploitative labour. Profits from human trafficking are enormous. But its
penalty for human trafficking is light when compared with trafficking of drugs. The
sale and trafficking of children including adolescents and women for commercial sex
and forced labour, both domestically and cross borders are extensive. On a
contrary, law enforcement to criminalize and penalize criminals is inadequate.
Coupled with corrupt practices by the authority concerned and the vulnerability and
ignorance on the victims part, the trafficking situation is a great challenge.
While special juvenile courts and detention centres exist in 59 provinces, children in
the rest of the country are sent to the same courts as adults and many find
themselves in detention with adults. It was reported that there seems to be more
children involving in the trafficking of drugs, particularly amphetamines. There is a
concern that the use and trafficking of drugs may have contributed largely to the
increase of prostitutions among children. As a result of the inappropriate length of
sentences, the minimum age for capital punishment of children is 10 year maximum,
the long separation from educational opportunities, the poor conditions and the
exposure to criminal element, the level of recidivism is high.
There is always an issue about the unavailability of school attendance rates in
primary school in Thailand. Although it has been reported that enrolment rate of
students in primary school is as high as 90%, thus this mentioned gross enrolment of
90% is questionable. Attempting to assess the impact of childrens participation
(commitment) in school would be irrelevant. This needs the MOEs attention because
it is a determining factor in evaluating Thailands achievements in school enrolment.
Corrupt practices remain a national concern and these are breeding ground for
widespread drugs trafficking, unresolved human trafficking, weak law enforcement,
poor quality of education and social services, and slow infrastructure and human
resource development. As results, many children are put at greater risk, deprived of
their basic rights and unable to attain the highest possible level of development.
The Way Forward
The NGOs and young people of Thailand propose that the Thai Government put
greater efforts on the implementation of projects/programs and budget allocations in
order to effectively handle the following issues (1) Ensuring that education is of
desirable quality, greater in variety and accessible to all children, particularly the
marginalized and disadvantaged ones; (2) Taking better control of narcotics and
prevention of drug abuse among young people and prioritize measures for
suppression and eradication of corrupt practices that support production, sale and
continued delivery; (3) Providing social welfare, medical assistance and development
services to children infected and/or affected with AIDS as well as conducting more
awareness campaigns to create understanding on safe sex practices and positive
attitude toward families with AIDS; (4) Supporting projects and programmes that
combat economic exploitation of children in conformity with the ILO Conventions
Nos. 138 and 182, Articles 32, 33 and 34 of the Convention on the Rights of the
Child, and as well as seeking economic alternatives for families at risk and
promoting youth employment; (5) Establishing the national system of data collection
enabling it to cover all children up to the age of 18 years with particular emphasis on
those who are vulnerable, economically exploited, of single-parent families, born out
of wedlock, institutionalized and of nomadic and hill tribe communities, as well as
allocating budgets and human resources in doing so; (6) Conducting studies on
socio-economic and psycho-social impact of the natural disaster and manmade
violence on children and youth in the South of Thailand and drawing up action plans
to meet their needs and to ensure their rights to life, safety and development; (7)
Ending corrupt practices in welfare and educational schemes and among law
enforcers and officials particularly in areas of human and drug trafficking; (8)
Implementing measures, programmes and activities addressing children affected
and infected with HIV/AIDS, economic exploitation of children including trafficking,
juvenile justice and independent monitoring as suggested by the sub-regional
workshop on the implementation of the concluding observations of the Committee
on the Rights of the Child organized by the Office of the UN High Commissioner for
Human Rights with support of UNICEF in Bangkok in November 2004; and, (9)
Withdrawing the reservations to the articles 7 and 22 of the CRC.
Full recommendations are presented in the final chapter of this report.
1.
Situation of the Children in Thailand

10 Problems relating to Child Development
The following 10 issues relating to child development are identified based on
the preliminary reports of the development of national policy and plans for
World Fit for Children (WFFC), prepared by the Ministry of Social Development
and Human Security.
1.1)
The family well-being continues to be worrisome due to poverty caused

by the economic crisis and widespread of narcotics and drugs among
the age groups of 15-24 years, resulting in deteriorating family bond,
domestic violence, improper care for children, increased rate of divorce
and mental and physical health problems among the young. Other
problems faced by the family institution are AIDS infection in family
members resulting in orphaned and neglected children or children living
on their own. The emerging important issues that affect family wellbeing is the lack of quality parenting and stable, healthy family
environments which causes children to be exposed and fall pray to
exploitation, violence and crime, first and foremost as victims. The
traditional role of family has eroded because of the breakdown of social
values and knowledge systems, changes in family function, roles and
perceptions of women, livelihood structures and labor force demands.
Such conditions are making it harder for families to remain intact.
These have an effect on parents primary responsibilities for the
upbringing and development of the child. In response, parents (rich or
poor) are actively seeking alternative care options, children is often
times being left with elderly grandparents or to non-family institutions
of care. Related problems increased are thus being seen in youth-atrisk, youth pathologies and, perhaps, to youth becoming less effective
parents for the next generation.
1.2)
The physical and mental health of children of 0-5 years are at risk due
to HIV infection in mothers, adolescent mothers, early childhood
malnutrition and overeating and junk food consumption patterns, late
pre-natal check up, declining breastfeeding practice due to economic
and employment pressure among working mothers, lack of child rearing
skills among parents and impact of the 30-bath health care scheme on
the overall budget for child health care. As well a rapid social-economic
change has reduced the capacities of caregivers to adequately provide
for the basic needs of their children for health, nutrition, and proper
shelter, physical and emotional caring. Accident continues to be one
major cause of death among children under 14 years old, drowning
being the leading cause reflecting negligence on the caregivers side.

The problem of violent behavior and suicide among young people is
becoming acceptable practice for them in eliminating their problems.
Psychological problems seem to be on the rise and the whole family
structure suffers from it due to unavailability or insufficient family
counseling services, lack of trained and multi-disciplinary personnel,
lack of information and technical knowledge and lack of services in
remote areas. Children with disabilities, children in institutions and in
difficult circumstances are those who rarely receive such a service, if
available.
1.3)
Child safety: The State does not have a clear policy on childs safety
and the whole notion of a safe environment for children is lacking e.g. in
areas of traffic control for those below 18 years old, in establishing
regulations on child products. In other words, there is a lack of
scientific knowledge on minimum safety standards, inexistence of
strong vigilant communities and rarity of safety protection gears.
Families and injured or handicapped children resulting from accidents
do not have the means and support to continue their livelihood in many
respects. Children who work in parents domestic business or informal
labour sector are subject to hazardous environment as mechanism to
acquire knowledge on safety aspects is overlook by their parents or
their employers.
1.4)
HIV affected children: The AIDS problems touch children in many ways
and the more serious ones being social exclusion of infected people and
of children of the infected or the infected children themselves, and
unequal access to AIDS medicine and treatment. The most up-to-date
study indicates that 50 percent of HIV infected children die before they
are five years old. The rest of the children may survive for many years
and need medical and psychosocial care and support. There is a
disagreement about compulsory blood test on children suspected of
being affected as well as complication and unclear policies in adopting
children of AIDS infected parents. Other problems include low quality of
care for AIDS affected families, lack of professional staff for care and
counseling, small and ad-hoc budgets to assist affected children and
lack of integration and coordination among various agencies in assisting
these children.
1.5)
Education: This is an area that children and youth themselves reflect as

priority. About one in every six children of 0-5 years has one kind or
another of slow development. For basic education, the services cannot
yet cover all target children and every child possible. Children who
miss compulsory education are marginalized children such as those
without identity cards or nationality and street children. Ethnic and hill
tribe children continue to have a problem in obtaining school
certificates to enable them to pursue higher education or seek legal
employment. The rates of school drop outs at primary and secondary
levels are still high as well as the repetition of classes at grades 1 and 2
levels
The overall quality of Thai education is still low when compared to many
other countries of the same level of development; therefore, children
are not motivated to be innovative, searching and analytical. School
counseling services focus too much on academic aspects and less on
life skills and other aspects of development. Quality of teachers and

teaching methods are questionable in the eye of children, and remote
schools seem to have lower standard than those in the city areas.
Children with special aptitudes do not receive enough support to
optimize their capacity due to lack of personnel, materials and
equipment. Most of all, there is a lack of teaching and learning
activities on humans rights and children rights in school and child
rearing systems. Teachers frequently lack the necessary skills to
counsel and support children to deal with social problems such as drug
abuse, HIV/AIS, and sexual abuse. Found disappointing is a lack of
comprehensive plan of the non-formal education system after the
structural merging of primary and secondary education took place.
Related increased is the inflexibility to access and utilize schools
educational facilities and services by the non-formal education office.
This situation imperils the non-formal education offices abilities to
deliver quality programs, which could widen the disparity of educational
opportunities between formal and non-formal students.
1.6)
Child recreation: There is a lack of planning and coordination among

governmental and non-governmental agencies concerned as well as
insufficiency in personnel, activity leaders and volunteers, space,
equipment, publicity, format and content that may interest children.
Lack of local communities awareness on child friendly city/environment
restrains community members role in assisting development of the
children which includes stimulating the childs emotional through
various types of activities and mobilizing resources for innovative child
interest activities. Local plays and folk activities are giving ways to
modern types of entertaining and games widespread through Internet,
resulting in children spending too much time on computer games which
are often violent and exclude them from spending time with other
family members.
1.7)
Culture and religion: Young people are not given enough opportunity to
participate in planning and implementation of cultural activities
therefore culture-related services do not fit well with different steps of
development of children. The Thai society also suffers from materialism
and consumerism, which put many children vulnerable and at risk of
abuse. In the domain of religions, Thailand is predominantly a Buddhist
country and supports freedom of belief. The country witnessed, since
generations, peoples of different beliefs living in harmony. Religious
instruction is required in public schools at both the primary (grades 1
through 6) and secondary (grades 7 through 12) education levels.
However, the core values of Buddhism have not been delivered
effectively to and absorbed by children and adults alike; and the adults
do not always act as good examples. In addition, the recent conflict in
the southernmost provinces of Thailand bordering Malaysia
demonstrates the need for the Government to work harder on social
cultural and economic integration.
1.8)
Children and media: Childrens rights to privacy are not well respected
in media coverage especially of child victims of abuse and child
offenders. Often than not, childrens full identify and photos are
presented in the media although there have been efforts to omit certain
information. In September 2001, the Office of the Attorney General
issued a statement accusing the media of not respecting these rights.
Children also fall prey of Internet crimes, pornography and

inappropriate and sexual arousing media.
Moreover, the media
programmes are generally of low quality and market-oriented; their
content is either of entertaining or marketing nature rather than of
knowledge and development.
No systematic media monitoring
mechanism exists at national and sub-national levels with the
involvement of youth and children.
Child participation is low or near non existent in the media production
process and there is a lack of media regulations to promote child
development and protect children against the consumption of violent
and consumerist media. The Child Protection Act protect privacy and
personnel information of children during the reporting process, as
stated in Section 27 that, it is forbidden for anyone to advertise or
disseminate by means of the media or any other kind of information
technology any information on a child or the childs guardian, with the
intention of causing damage to the mind, reputation, prestige or any
other interests of the child or seeking benefit for oneself or others in an
unlawful manner. However, the Act does not establish a penalty for
non-reporting.
1.9)
Child participation: NGOs, national and international, and youth groups

have made great efforts to promote the participation of children in
public opinions and in matters concerning their rights and well-beings.
The most up-to-date study confirms the fact that, the concept of child
participation is considered occidental and not fully appreciated by Thai
adults, especially parents, older family members, teachers and policy
makers due to the cultural characteristics of the Thai society and the
demand for obedience that children are expected to show towards
adults. Another complication is that even among adults, participation is
not always perceived as right and part of the democratic process but
more as opportunity, capability and interest in doing so. Moreover, the
forms of participation exist are often adult-led, token or event-oriented
more than integrated into lifestyle and social systems. Often than not,
only selected groups of children and young people have the opportunity
to participate and express themselves.
1.10
)
Protection of children in need: Data collection and management is

neither comprehensive nor standardized and practitioners insufficient
knowledge, skills and professional training to provide good services to
this group of children. Most importantly, it is difficult to get estimates
of the numbers of children in need of special attention. There is no such
mechanism to systematically collect and conduct the assessment of
needs to enable government and NGOs agencies to effectively address
the real problems of children in need (e.g. street children, children from
poor and marginalized families).
More specifically, effective
coordination among child protection centres throughout the country
need to be strengthened both in the areas of technical cooperation and
communications to reach those unreachable children. The solutions or
measures taken so far stress correcting and assisting children
themselves rather than families and the social environment of the child.
Other problems are corrupt practices in welfare schemes resulting in
low quality of care for children, and the lack of clear policies on children
without nationalities or of hill-tribe and ethnic minorities. The society
still has an indifferent attitude towards child labour, children of migrant
workers, child prostitution and child trafficking despite intensive efforts

to combat it for the past decade.
Children in difficult circumstances
1.11
)
The draft report on the situation of children prepared in July 2004 by the
Ministry of Social Development and Human Security lists children in
difficult circumstances in 16 groups: (1) Orphaned children which is on
the rise, especially those as results of HIV/AIDS, (2) Abandoned children
due to teenage pregnancy and mothers being unprepared, (3) Abused
children mostly with in the family or by those close to them, (4)
Sexually abused children with the rise in number among young children,
(5) Children addicted to drugs, alcohol and cigarettes with an increase
in smoking among the age groups of 15-24 and in alcohol consumption
among girls of all age groups, (6) Street children which increase in
number due to influx of disadvantaged children from the neighboring
countries, (7) Trafficked children both Thai and non Thai from
neighbouring countries, (8) Children with disabilities resulting from birth
and accident with the first cause affecting more girls than boys, (9)
Child labour which is on a decrease due to the expansion of education
and most of working children are in the informal and agricultural sector,
(10) Children in juvenile justice system (15-18 years), most of them
involved in drug abuse and nearly as many girls are placed under care
of the juvenile delinquency, (11) Displaced children (0-12 years)
numbering about 40,000 (in 2003) in nine refugee centers around the
country, (12) Children of hill ethnic minorities some of whose right to
citizenship and birth registration need to be addressed, (13) Children in
slums estimated at 2 millions (in 2003) from the total 5.13 millions slum
population, (14) Children without nationality of the hill-tribe and ethnic
groups, of refugee people and of nomadic Thai people, (15) Children of
construction workers whose recent number is not yet surveyed, (17)
Children of migrant workers which seems to be increase in the number
(16) Children stricken by poverty resulting from poor distribution of
wealth, increase in household debts and the financial crisis.
1.12
)
Not emphasized in the above categories are children reported to be

involved in the trafficking of drugs, particularly amphetamines. There is
also growing concern that the use and trafficking of drugs may
contribute to an increase in prostitution among children. The use of
children in drug trafficking is considered one of the worst forms of child
labour according to the ILO Convention No. 182.
1.13
)
Although child labour is one of the 16 groups, child migrant workers and
domestic workers are not exclusively mentioned. It is found that many
children both Thai and migrant work as domestic servants, which is a
profession not protected by the labour laws. Minimum wage and age
provisions of the 1998 Labour Protection Act do not apply to domestic
workers, some of whom were believed to be under 15-years-old. It is
observed that migrant children, who work as domestic servants are
often at increased risk of abuse because of cultural and/or language
barriers. It is observed that Cambodian children regularly cross the
border into Thailand to work as domestic servants or as porters. They
are also found working in the fishing industry, peeling shrimp and
sorting the catch, sometimes along with their families. Migrant working
children rarely have access to education. Child domestic workers,
because of its hidden nature, total dependence on employers and high

possibility of abuse, is considered one of the worst forms of child labour.
1.14
)
Thailand is often described as a regional hub for trafficking in persons.

It is known as a source, destination and transit country for trafficking
victims both internally and cross-borders. Reports of NGOs indicate that
girls aged 12 to 18 are trafficked from Myanmar, China and Laos to
work in Thailand in the commercial sex industry, some in conditions of
debt bondage. In some cases, children must work to repay advances
given by a trafficker to the parents. Children are also trafficked into
Thailand to work as beggars or in areas such as agriculture, fishing,
factories, or construction. Trafficking for sexual exploitation and forced
labour also affect Thai children particularly those of ethnic Thais and
hill-tribe minorities. Lack of citizenship status for some hill tribe women
and children is believed to be a strong risk factor for them to become
victims of trafficking although this group is not a large percentage of
trafficking victims.
1.15
)
2004 saw two major incidences that affect survival and well-being of
children and youth in the South of Thailand. One is the continuing
separatist actions in three Southern-most provinces that claims lives of
many innocent people throughout the year and create fear and unsafe
feelings among the local population. The other is children affected by
the natural destruction caused by the tidal waves in six provinces on
the Andaman coast in December, where relief, reconstruction and
development support are on-going.
Legal Framework
1.16
)
Thailand ratified the ILO Conventions No. 182 on the Worst Forms of
Child Labour in February 2001 and No. 138 on Minimum Age in May
2004. In the case of Thailand, the worst forms of child labour include
trafficking in children for sexual exploitation and forced labour, child
pornography, use of children in production, sale and delivery of drugs
and child domestic workers. The Convention No. 138 specifies the
minimum age of admission to employment of Thai children at 15 years
and applies to the following branches of economic activity: mining and
quarrying; manufacturing; construction; electricity; gas and water;
sanitary services; transport; storage service and communication; and
plantations and other agricultural undertakings mainly producing for
commercial purposes, with the exception of family and small-scale
holdings producing for local consumption and not regularly employing
hired workers.
1.17
)
The Act on Child Protection B.E. 2546 has entered into force in March
2004 and provides important measures to safeguard protection and well
being of children. However, the Act has not reflected well childrens
rights of expression with regards to the kind of treatment or protection
they wish to receive. Also, children are perceived as vulnerable and
object of protection under this Act therefore their potential in
participation in matters concerning themselves is missing.
1.18
)
The Draft Child and Youth Development Act

The Ministry of Social
Development and Human Security is in the process of drafting an act
which concentrate on holistic child and youth development process.
10
The highlight of this act is on the establishment of national youth

council as the national level youth led organization which acts as
major mechanism for child and youth participation at national level.
The act also stipulates similar provincial and local level mechanisms.
The draft is now being prepared for cabinet consideration.
Views of children
2.
1.19
)
Several regional and national forums for children were organized in

between 1999 2004 to expose the public to the problems faced by
young people in each region. The forums were followed by extensive
youth-led surveys with primary and secondary school-children all over
the country to seek their opinions on the major issues facing them. As
results, children consulted across the five regions mentioned the
following problems: (1) Education children in all regions identified
similar problems such as poor teaching and inadequate study materials,
insufficient schoolteachers, inappropriate school regulations and
unclean and unsafe school environments; (2) Narcotics children in all
regions face similar problems regarding narcotics, which they see as
worsening their quality of living; and (3) Difficulties were recognized in
each region surrounding the issues of homelessness, children with
disability, hill-tribe children and children in sex industry.
1.20
)
In 2004, a series of children forums was organized by the ILO-IPEC,

Save the Children-UK and national partners in the Mekong countries to
provide a venue for children to express their views and formulate
recommendations to combat trafficking in children. This was another
important step of child participation where childrens views and wishes
were put forward to policy makers at the sub-regional level. The
recommendations of the children highlight the need to improve laws
and policies, victim assistance, education, public campaign to raise
awareness, rights of children and families, child labour protection and
socio-economic development.
1.21
)
Also in 2004, a national level child and youth platform and survey
were conducted to involve young people in the planning process for
World Fit for Children Plan for Thailand. More than 30,000 children and
youth from all over the country participated. They have identified 6
additional issues to the original WFFC,
family, safety, recreation,
culture and religion media and participation. These 6 issues have
been incorporated into the national WFFC policy and plan.
Responses the Committees Observations and Recommendations

Committees Observations and Recommendations (Item 8): To consider the
possibility of reviewing the reservations (articles 7 and 22) with a view to
withdrawing them.
The Thai NGOs and youth groups support this recommendation and will work
closely with the Thai government to ensure the withdrawal of the two
reservations at the earliest possible.
Committees Observations and Recommendations (Item 9): To review the
domestic legislation to ensure full conformity with the Convention and to
11
consider the possibility of enacting a comprehensive code for children.

The Act on Child Protection of Thailand B.E. 2546 was entered into force on the
30th of March 2004 and is in accordance to articles 53 and 80 of the Thai
Constitution, the National Child and Youth Development Plan and the
Convention on the Rights of the Child. It also cancels two Revolutionary Partys
Announcement Nos. 132 and 294 and incorporates the content of both into
one. The new Act stipulates a child as a person under 18 years of age, except
those that attain maturity by marriage.
The Act could be considered as a Code on Children since it covers provisions
of all forms of assistance to children and their families to receive welfare from
the State. The Act also covers protection, care, development and rehabilitation
of children and their families, including the development of childrens
disciplined behaviours.
Referral system will be applied from welfare to
protection and behavioral development.
Target children of this Act are children who suffer some kind of problems,
children whose welfare must be protected and children whose behaviors
should be promoted. The key ministries to implement this Act are the Ministry
of Social Development and Human Security, the Ministry of Education, the
Ministry of Interiors and the Ministry of Justice. A National Child Protection
Commission is set up and chaired by the MSDHS, while provincial commissions
are chaired by the Governors. A Child Protection Fund is to be established and
chaired by the Permanent Secretary of MSDHS.
The Act describes the codes of conducts toward children to include (1) the best
interests of the children, (2) non-discriminatory treatment against him/her, (3)
roles of the society to provide immediate assistance and referral to children
under difficult circumstances, (4) authority actions to provide support to such
children, (5) no media coverage that can be detrimental to children, and (6) no
harmful actions toward children.
The Act entrusts law enforcement duties to the MSDHS and emphasizes
institution-based care for children in case of difficulties. However, the Act
focuses more on welfare, protection and rehabilitation of children and families
who encounter problems than development.
Committees Observations and Recommendations (Item 10): To take all
appropriate measures, including training to strengthen law enforcement and
prevent corrupt practices.
The Money Laundering Control Act B.E. 2542 came into force in 1999 and
includes trafficking in children and women as one of the punishable predicate
offences for money laundering.
Committees Observations and Recommendations (Item 11): To ensure the
decentralization of the process of promoting and protecting children's rights
and to strengthen the efforts to coordinate through the National Youth Bureau,
particularly at the local level.
The Thai NGOs and youth groups support this recommendation of the
Committee and shall collaborate fully with related authorities to ensure a
greater decentralization of the process to promote and protect childrens
rights.
12
Committees Observations and Recommendations (Item 12): To review the

system of data collection with a view to covering all children up to the age of
18 years, with specific emphasis on those who are vulnerable, including
economically exploited children, children of single-parent families, children
born out of wedlock, institutionalized children as well as children of nomadic
and hill tribe communities.
Committee and are of the opinion that the data systems in Thailand are still
fragmented making it difficult to understand the complete picture of children in
the country. Moreover, it is felt that government agencies responsible for data
collection are reluctant to expand the coverage due to fear of impact on
international trade as well as due to the lack of budget, know-how, human
resources and clear policies.
Committees Observations and Recommendations (Item 13): To make
accessible to children an independent child-friendly mechanism to deal with
complaints of violations of their rights, to provide remedies for such violations
and to introduce an awareness raising campaign to facilitate the effective use
by children of such a mechanism.
The Child Protection Act has a potential of being one of the most effective legal
tools to raise awareness of general public to submit complaints on cases of
violence against children. The Act also states that persons notifying or
reporting in good faith under this Section shall receive appropriate protection
and shall not be held liable for any civil, criminal or administrative action. The
Child Protection Committee both at national and provincial level as stipulated
in the Child Protection Act is potentially the main mechanism to handle cases
of violence against children. However such committees are still on the process
of establishment and capacity building.
Complaints on violence against children can also be put forward to the National
Human Rights Commission, as stated in section 22 of the National Human
Rights Commission Act of 1999. The NHRC also appointed a Sub-Committee on
Children, Youth and Family to investigate relevant cases as reported.
Children can lodge complaints against the offenders and cases can be tried
with penalties imposed on violators. Children or persons acting on their behalf
without parental consent can access these procedures, and are entitled to
receive legal aid from legal advisers, attorneys and NGOs. However, in
executing a judgment, parental consent is needed, as mentioned in Section 21
of the Civil and Commercial Procedure Code.
The Act on Redress for the Damaged and Compensation and Expenses for
Offenders in Criminal Cases of 2001 provides a legal tool for victims of violence
under the Penal Code to file a complaint to the Committee for Considering
Redress for the Damaged and Compensation and Expenses for Offenders in
Criminal Cases.
The Parliament also has three ombudsmen who receive and investigate
complaints on human rights violation.
The Royal Thai Police established a Center for the Protection of Children, Youth
and Women which operate 24 hour hotline to receive complaints on violence
against children and women. Its missions cover the prevention and suppression
of following areas: prostitution, sexual abuses, forced and child labour, torture
13
and violent acts, trafficking of women and children, and juvenile offenders.
On non governmental side, a number of NGOs and youth groups have
operated hotline services through telephone and radio channels for children
and youth. Some NGO projects train volunteers to detect, receive complaints
and report incidents of child rights violation.
Committees Observations and Recommendations (Item 14): To pay particular
attention to the full implementation of article 4 of the Convention by
prioritizing budgetary allocations to ensure implementation of the economic,
social and cultural rights of children, to the maximum extent of available
resources and, where needed, within the framework of international
cooperation.
Committee and shall collaborate fully with the Government to ensure full
implementation of the economic, social and cultural rights of children, the
specificity of which is described under the relevant items.
Committees Observations and Recommendations (Item 15): To ensure that the
provisions of the Convention are widely known and understood by adults and
children alike, residing in both rural and urban areas. In this regard, the
Convention should be translated and made available in all minority or
indigenous languages and the reinforcement of adequate and systematic
training and/or sensitization of professional groups working with and for
children in place. The State party is also encouraged to also seek measures to
raise the awareness of the media and the public at large on the rights of the
child and to ensure that the Convention is fully integrated into the curricula at
school and university.
The NGOs and youth groups feel that not only the adults attitude on childrens
rights needs to be worked on but also the awareness about citizen rights, legal
rights, human rights and womens rights altogether.
The CRC has been translated into official Thai and made available both in print
format and through the Internet, many of them in child-friendly or youth
created versions. Other forms of introducing the CRC have been produced and
distributed to schools and communities and some of them target marginalized
groups via traditional and alternative media. A series of training workshops
have been conducted at the level of CRC trainers and child welfare
practitioners for both governmental agencies and NGOs mostly supported by
the UN entities. Translation of the CRC concept into day-to-day practice and
attitude is not an easy task due to the attitude of those involved, the lack of
childrens inputs and the lack of financial commitment to do so.
Given the influence of the media on the public opinion, it is of utmost
importance that media practitioners fully understand the implication of the
CRC and are aware of their potential role in supporting CRC. Although, media
coverage of children and women issues has increased, the Thai NGOs and
youth groups are agreement that effort is needed to encourage the media to
pay more attention on childrens rights issues as well as respect the rights of
the child. It is also observed that rights to privacy of children in difficult
circumstances are abused through insensitive media coverage that aims at
marketing rather than protecting the child. Greater emphasis must be placed
to improving the quality of media coverage as well as to curb industrial
14
practices on violating the privacy, dignity, and rehabilitation of children.

Committees Observations and Recommendations (Item 16): To review its
legislation in order to bring it into conformity with the provisions of the
Convention.
It can be said that Thailand has been successful in improving and amending
the legal framework in compliance with the principles of the Convention. The
Child Protection Act of 2003 is one important step. (See more in responses to
Item 27, 29 and 30.)
However, what remains to be done is enforcement of laws and creation of the
rights awareness among law enforcers so that the rights of the child is fully
respected and protected.
Committees Observations and Recommendations (Item 17): To undertake
further efforts to ensure that the principles of the Convention, in particular the
general principles, not only guide policy discussion and decision-making, but
also are appropriately reflected in any legal revision, judicial and
administrative decisions, and in the development and implementation of all
projects and programmes which have an impact on children.
The National Public Health Foundation envisages a study on obstacles of
Thailand in compliance with the recommendations for the implementation of
CRC in addition to studies on children in justice system (i.e. a model of
alternative justice system, children and youths in Observation and Protection
Centers, pregnant youths in Observation and Protection Centers, children of
prisoners, and pregnant prisoners in prisons, model and guideline on treatment
of children in justice system, and model and good practice on effective
reintegration programme of children).
Committees Observations and Recommendations (Item 18): To increase the
States efforts to ensure implementation of the principle of non-discrimination
and full compliance with article 2 of the Convention, particularly as it relates to
the vulnerable groups.
The Child Labour Protection Act B.E. 2546 is one example of the
implementation of the non-discrimination principle as well as the removal of
the reservation on Article 4 of the Convention and the birth registration of
children of illegal migrants in Thailand.
Committees Observations and Recommendations (Item 19): To develop a
systematic approach to increasing public awareness of the participatory rights
of children and encourage respect for the views of the child within the family
as well as within the school, care and judicial systems.
The NGOs and youth groups support this recommendation of the Committee
and wish to add that there has been progress in the fulfillment of rights to
participation among children and youths of Thailand since the ratification of
the Convention, most of these driven by the civic society.
Thai children are given an opportunity to take part in the implementation of
the CRC. Young representatives, as members of the CRC Preparatory
Committee, were involved in preparing the 2 nd Thailands country report on the
CRC. Childrens platforms for the participation of the implementation of CRC
15
were conducted with support from UNICEF at regional and national level.
Child Rights Forum has been organized annually since 1989. Child Rights
and Child Protection Youth Volunteers were established in schools and
communities in 23 provinces countrywide. Children and youth play a major
role in conducting campaign against violence against children at community
level such as through mobile theatre. Children take part in the preparation of
drafting and Action Plan on World Fit for Children. Peer groups for supporting
their friends were established in schools to provide supports and counseling to
peer-students on problems relating to violence and risk behaviours. Youth
networks were established at community, district, provincial, regional and
national levels to implement a variety of youth development activities such as
child protection volunteers, campaigning to eliminate violence against children
and women, monitor child rights violation cases and advocate for child rights
protection through mass media, voice out concerns and advocate on policies
that might affecting children, and provide assistance to child victims of
violence. Youth council are being established at community, district, provincial
and national levels to provide a platform for young people to conduct
development activities that benefit themselves, their families, communities
and society.
Committees Observations and Recommendations (Item 20): To raise
awareness among government officers, community leaders and parents to
ensure that all children are registered at birth, and to adopt measures to
regularize the situation of hill tribe children and provide them with
documentation to guarantee their rights and facilitate their access to basic
health, education and other services.
The Ministry of Public Health now issues birth certificates to new-born
infants of illegal migrants, addresses the registration of migrant children,
provides free vaccinations for children of five years and younger. Moreover,
collaboration among NGOs is notable and extensive in raising parents
awareness on birth registration to new-born infant at and shortly after birth of
the child, through well-designed communication programs using various forms
of media providing all necessary information and procedures and process.
appropriate measures, including of a legislative nature, to prohibit corporal
punishment within the family, the juvenile justice and alternative care systems
and generally within the society as well as to conduct awareness raising
campaigns to ensure that alternative forms of discipline are administered in a
manner consistent with the child's human dignity and in conformity with the
Convention, especially article 28.2.
In Thailand, corporal punishment is not prohibited in family. In the public
sphere corporal punishment is prohibited in schools, but it is still permitted in
some official institutions such as the Observation and Protection Center.
Regulations of Ministry of Education of 2000 prohibited corporal punishment in
schools as mentioned in Rule 6 that it is prohibited to punish pupils or
students with violent methods or with the purposes of malice, revenge, or
anger. Ages of pupils and students as well as the seriousness of their
misbehaviors must be considered for the punishment. Facilitated by local
NGOs with the support of local organizations, community level mechanism is
established to provide education to parents on child rearing and care through
non-violence approach, counseling to families on child rights issues and
psychologist for professional counseling if required.
16
The Child Protection Act of 2003 states in Section 61 that an owner, guardian
of safety, and staff of a nursery, remand home, welfare centre, safety
protection centre and development and rehabilitation centre shall be forbidden
to assault, physically or mentally, detain, abandon or impose any other harsh
measures of punishment on any child under care and guardianship, except
where such acts are reasonably applied for disciplinary purposes in accordance
with the regulations specified by the Minister.
Committees Observations and Recommendations (Item 22): To increase efforts
in providing support, including training, for parents to discourage the
abandonment of children and to develop additional programmes to facilitate
alternative care, including foster care, provide additional training for social and
welfare workers and establish independent complaint and monitoring
mechanisms for alternative care institutions.
Section 32 of the Child Protection Act specifies children warranting welfare
assistance to include children whose guardians are unable to care for them for
whatever reasons, for example, being imprisoned, detained, disabled,
chronically ill, impoverished, juvenile, divorced, deserted, mentally ill or
neurotic. Section 33 specifies that when a child warranting welfare assistance
is found, the authority shall consider the most appropriate ways and means of
providing assistance such as assistance and welfare to the child and his or her
family or any person providing care for the child so as to enable them to take
care of the child in a suitable manner pursuant, or to submit the child into the
care of an appropriate person who consents to provide care for the child for a
period as deemed appropriate.
Other measures include facilitating the
adoption of the child by a third person in accordance with the law on child
adoption; sending the child to be cared for by an appropriate foster family or
nursery consenting to take the child into care; sending the child to a remand
home or a welfare centre; sending the child to receive education or
occupational training, or to receive treatment, rehabilitation, education or
occupational training in a development and rehabilitation centre, or to receive
spiritual discipline based on religious principles in a Buddhist temple or other
place of other religion consenting to take the child into care.
Committees Observations and Recommendations (Item 23): To undertake
studies on domestic violence, ill-treatment and abuse, including sexual abuse
to understand the scope and nature of the phenomenon, in order to adopt
adequate measures and policies and contribute to changing traditional
attitudes. Cases of domestic violence and ill-treatment and abuse of children,
including sexual abuse within the family, should be properly investigated
within a child-friendly judicial procedure, sanctions applied to perpetrators and
publicity given to decisions taken in such cases, with due regard given to
protecting the right to privacy of the child. Measures should also be taken to
ensure the provision of support services to children in legal proceedings, the
physical and psychological recovery and social reintegration of the victims of
rape, abuse, neglect, ill-treatment, violence or exploitation, in accordance with
article 39 of the Convention, and the prevention of criminalization and
stigmatization of victims.
Although, there is no national survey and/or statistic available on abuse and
violence against children, data collected by key NGOs clearly show the
increasing trend. It is disappointing to learn that about 50% of cases are
occurring in the families and by someone who are known to the children rather
than strangers.
17
In this connection, the Association for the Promotion of Womens Status in

cooperation with Sub-Committee for the Elimination of Violence against
Women and Children is working on developing a data collection mechanism
on such cases. Presently, relevant governmental and non-governmental
agencies collect statistic of their target populations and/or recipients of their
services. However, such statistic is available only on specific population and
areas including statistic from hospitals providing services to victims of
violence, statistic of women and children staying at shelters operated by
Department of Social Development and Welfare.
The database being developed by Ministry of Public Health on the basis of

recipients receiving services provided by hospital based One Stop Crisis
Centers (OSCC) could be cited as the most comprehensive database on
violence against children and women for the time being, including profile of
child and women victims of violence who receive services from OSCC,
perpetrators, types of violence and services provided by the center.
The National Public Health Foundations Project on Knowledge Building
envisages two major studies on violence against children i.e. a study to
develop a model and guideline on sustainable prevention programme of
violence against children and a study to develop a model and guideline on
assistance to child victims of violence.
Committees Observations and Recommendations (Item 24): To develop
comprehensive policies and programmes to promote and improve breast
feeding practices, to prevent and combat malnutrition, especially in vulnerable
and disadvantaged groups of children.
The draft plans of World Fit For Children support breast feeding practices for at
least six months and promotes establishing of day care centers or
breastfeeding corners for working mothers while prohibit the use of sweetened
milk to feed infants.
90 days maternity leave regulation issued. NGOs is working on a public
campaign on breastfeeding and advocate for prohibiting the promotion of
using infant formulas in the hospitals.
Committees Observations and Recommendations (Item 25): To increase efforts
in promoting adolescent health policies and strengthening reproductive health
education and counseling services and undertake a comprehensive and multidisciplinary study to understand the scope of adolescent health problems,
including the special situation of children infected with, affected by or
vulnerable to HIV/AIDS and STDs.
Additionally, the State party should
undertake further measures including the allocation of adequate human and
financial resources, to develop youth-friendly care and rehabilitation facilities
for adolescents.
Recognizing the importance of adolescents, the government is in the process
of drafting Reproductive Health Act which will deal with sex education and
curriculum development. Many NGOs and youth groups implement programs
to create young catalysts to promote reproductive health among young people
through peer to peer approach. Alternative media such as drama and puppet
18
show are also used by NGOs and youth groups to campaign for appropriate
sex education in schools and community based organizations
Committees Observations and Recommendations (Item 26): To develop early
identification programmes to prevent disabilities, implement alternatives to the
institutionalization of children with disabilities, establish special education
programmes for children with disabilities and encourage their inclusion in
society.
Some schools both in urban and rural areas implement integrated school
program where children with disabilities mix with normal children. However,
due to limited budget, the program has not been very successful.
appropriate measures to provide equal access to education for all children
within the State party and to seek to implement additional measures to
encourage children, particularly girls and children from poor and hill tribe
families, to stay in school and to discourage early employment.
The Education Reform Office was established in 2000 to manage broad reforms
mandated under the National Education Act of 1999. These reforms include
management decentralization and increased quality of education, with the aim
of achieving universal access to 12 years of free education. The Ministry of
Educations Division of Non-Formal Education provides basic education and
vocational education to out-of-school and disadvantaged children.
The
Government of Thailand and NGOs support a number of innovative education
initiatives. In 1999, UNICEF began a program to provide scholarships and raise
awareness among school dropouts and their families to encourage children to
return to school. Several key provisions of the National Education Act of 1999
took full legal effect in 2002, mandating the extension of the compulsory
education period to 9 years of schooling, beginning at age 7, and extension of
cost free schooling to 12 years.
Committees Observations and Recommendations (Item 28): To clarify the
legislative framework to ensure adequate protection of unaccompanied and
asylum seeking children, including in the field of physical safety, health and
education.
Procedures should also be established to facilitate family
reunification and all appropriate measures be taken to avoid the placement of
asylum seeking children in immigration detention centres. The Committee also
suggests that the State party consider ratifying the 1951 Convention relating
to the Status of Refugees and its 1967 Protocol, the 1954 Convention on the
Status of Stateless Persons, as well as the 1961 Convention on the Reduction
of Statelessness.
Various key laws such as the Penal Code and the Child Protection Act do not, in
principle, distinguish between Thais and foreigners. However, there is
differentiation in regards to immigration law. Some legal tools specifically
stipulate sections on protection of non-citizens include Memorandum of
Understanding on Common Guidelines of Practices among Concerned Agencies
for Operation in Case Women and Children are Victims of Human Trafficking
(revised version) of 2003 and other MOUs on trafficking. According to these
MOUs, women and children considered as victims of trafficking should not be
treated as illegal migrants. If they are willing to act as witnesses during the
court procedure so that traffickers would be brought into justice, they are
allowed to stay in Thailand and will be sheltered in one of the welfare centers
at appropriate length according to the nature of court cases. The MOUs also
19
emphasizes that victims of trafficking must be able to access to services

including accommodations, cloths, medicine, counseling and legal aid.
See also response to Item 20.
Committees Observations and Recommendations (Item 29): To introduce
monitoring mechanisms to ensure enforcement of labour laws and to consider
ratifying ILO Convention No. 138 concerning the legal minimum age for work.
The Royal Thai Government ratified the ILO Convention No. 138 on the
Minimum Age of Admission to Employment on the 11 th May 2004, and specified
the minimum age of admission to employment at 15 years. Pursuant to Article
5, the provisions of the Convention apply to the following branches of
economic activity: mining and quarrying; manufacturing; construction;
electricity; gas and water; sanitary services; transport; storage service and
communication; and plantations and other agricultural undertakings mainly
producing for commercial purposes, with the exception of family and smallscale holdings producing for local consumption and not regularly employing
hired workers.
Committees Observations and Recommendations (Item 30): To take measures,
on an urgent basis, to strengthen law enforcement and to implement the State
party's national programme of prevention of sexual abuse of children, including
child prostitution and trafficking and sale of children, and to seek to step up its
efforts to implement an awareness raising campaign and a thorough
monitoring system at the community level. Rehabilitation within as well as
outside of institutions should be further enhanced. In an effort to effectively
combat inter-country trafficking and sale of children, the Committee suggests
that the State party increase its efforts in the area of bilateral and regional
agreements with neighbouring countries to facilitate the repatriation of
trafficked children and encourage their rehabilitation, including within the
framework of the regional Mekong Conference on migration. The Committee
urges the State Party to continue implementing the recommendations
formulated in the Agenda for Action adopted at the 1996 Stockholm World
Congress against Commercial Sexual Exploitation of Children.
It also
recommends that the State party should envisage the ratification of the 1949
Convention for Suppression of the Traffic in Persons and of the Exploitation of
the Prostitution of Others.
The NGOs, youth groups, schools and concerned ministries and departments
cooperate actively with the ILO-IPEC sub-regional project to combat trafficking
in children and women and other concerned international organizations to
increase national capacity in handling the problem and enhance cross border
collaboration for the purpose of prevention, protection, repatriation,
rehabilitation and reintegration of victims. Recently, a Mekong Childrens
Forum on Human Trafficking was jointly organized by the ILO-IPEC and SCF-UK
as well as national partners to provide a platform of children to formulate and
submit their recommendations to the ministers and senior officials of the
Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) to be
incorporated in the Memorandum of Understanding and Plans of Action among
six GMS countries designed to coordinate their counter-trafficking efforts.
A draft of the Computer Crime law was approved, with reservations, by the
Prime Minister in May 2002. Under the draft law, the publication of child
20
pornography would be punishable by five years imprisonment and a large fine.

On August 6, 2004 the Prime Minister of Thailand declared a National Agenda
on combating human trafficking by giving policies to concerned agencies,
namely capacity building, intelligence exchange, improvement and
amendment of laws, public campaign, remedy, recovery including repatriation
and reintegration for victims of human trafficking.
Other major national legislative developments include the:
Money Laundering Control Act BE 2542 (1999) including trafficking in
children and women as one of the punishable predicate offences for
money laundering,
Compulsory Education Act BE 2544 (2002) raising compulsory education
from 6 to 9 years of schooling and free education to 12 years of
schooling and supports non-formal education,
A six year national policy and plan to address trafficking and children
and women (with Cabinet's endorsement on 1 July 2003)
Three Guidelines of Practice:
1. Common Guidelines of Practices for Government Agencies Engaged in
Addressing Trafficking in Children and Women.
2. Common Guidelines of Practices for Government Agencies and Non
Governmental Organizations Engaged in Addressing Trafficking in
Children and Women.
3. Common Guidelines of Practices for Non Governmental Organizations
Engaged in Addressing Trafficking in Children and Women (2003).
A local MOU for 9 Northern Provinces on Common Guidelines of Practices
for Agencies in Addressing Trafficking in Children and Women,
An MOU between Thailand and Cambodia on Bilateral Cooperation for
Eliminate Trafficking in Children and Women and Assisting Victims of
Trafficking,
Memorandum of Understanding on Cooperation against Trafficking in
Persons in the Greater Mekong Sub-Region (COMMIT),
National Plan of Action on ILO Convention No. 182 on the Worst Forms of
Child Labour,
Nationwide Operational Centers for the Protection of Child and Women
Workers that receive complaints and provide assistance to Thai and nonThai child and women workers who have faced difficulties and
exploitation
Committees Observations and Recommendations (Item 31): To consider taking
additional steps to reform the system of juvenile justice in the spirit of the
Convention, in particular articles 37, 40 and 39, and of other United Nations
standards in this field. Particular attention should be paid to considering
deprivation of liberty only as a measure of last resort and for the shortest
possible period of time, protecting the rights of children deprived of their
liberty, and expanding the juvenile justice system to ensure full coverage
throughout the State party. Training programmes on relevant international
standards should be organized for all those professionals involved with the
system of juvenile justice. The Committee also recommends the State Party to
consider ratifying the Convention Against Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment.
The amendment of the Act for the Establishment of and Procedure for Juvenile
and Family Court of 1991 which has just come into force in February 2005
stipulates that provisions relating to procedure for juvenile justice for Juvenile
21
and Family Courts must be applied in all Criminal Courts in provinces where
Juvenile and Family Court does not exist so that all juvenile offenders equally
benefit from the legal procedure. The Act also aims to establish a Juvenile and
Family Court in all provinces of Thailand within the two years time. To-date, 59
Juvenile and Family Courts have been established and there is plan to cover all
provinces by September 2005. Criminal Court and Provincial Courts are the
main court that have jurisdiction over crimes on violence against children.
Children who commit crime will generally be taken to the Juvenile and Family
Courts in the relevant provinces.
There are also new provisions in the Child Protection Act where protection
measures concerning children can be ordered by the Juvenile and Family Court
where they exist in the relevant provinces, e.g., where parents commit acts of
violence against children. Otherwise, it is the ordinary courts that have
jurisdiction.
See also response to Item 21.
Committees Observations and Recommendations (Item 32): To implement the
proposed recommendations in its initial report, regarding the implementation
of the Convention.
The Thai NGOs and youth groups support this recommendation and are in the
process of working closely with the Thai government to ensure the fulfillment
of the recommendations it proposed to the Committee.
Committees Observations and Recommendations (Item 33): To make widely
available to the public at large the initial report and written replies presented
by the State party and consider the publication of the report, along with the
relevant summary records and the concluding observations adopted thereon
by the Committee.
Such a document should be widely distributed in order to generate debate and
awareness of the Convention and its implementation and monitoring within the
Government and the general public, including NGOs.
Committee and shall collaborate fully with the Thai Government to enhance
the existing process to make the Convention more widely possible known,
understood
and
practiced
in
the
Thai
society.
22
3.
Overall Recommendations
With reference to the sub-regional workshop on CRC committee observations
held in Bangkok in November 2004, the policy and planning workshop on
World Fit for Children held in Bangkok on July 2004 and the national seminar on
NGOCRC report held on June 29, 2005, the NGOs and youth groups of Thailand
agreed to the following conclusions and suggestions.
3.1)
The Government should ensure full conformance with the principles set
in the Convention by establishing or strengthening existing mechanisms
for the effective coordination of all activities for the implementation of
the Convention among ministries/departments, central and local bodies
and other relevant stakeholders, such as NGOs and UN entities and that
these coordinating bodies be provided with appropriate authority, be
placed at an adequate high political level and adequate resources.
Efforts on promoting positive attitude among government officials
concerned are needed.
3.2)
The Government should also establish a clear, effective and regular

system of evaluation and assessment of the impact of laws, procedures,
policies and programmes implemented for the promotion and
realization of child rights and ensure that children and youth groups,
NGOs, professional groups and other relevant entities are involved in
this internal or self-monitoring system. Results and outcomes of these
23
evaluations and assessments should be used to adjust and further

improve the existing legislation, procedures, policies and programmes
in order to take further adequate actions;
3.3)
Systems of juvenile justice The Government should strengthen the

measures for the establishment and enforcement of laws, procedures,
authorities and institutions that are specific for all persons below 18
alleged as, accused of, or recognized as having infringed penal law, in
light of article 40.3 of the Convention; ensure that such specific system
covers and is accessible to all children in the entire territory; reinforce
prevention strategies and measures, especially with regard to
vulnerable children; ensure due process and fair trial to all persons
below 18 as required under articles 37 and 40 of the Convention; take
all measures to increase the minimum age for criminal responsibility
and to increase it as high as possible; separate child offenders from
detained adults and detain them in decent conditions; finance and
support community-based programmes and services to assist children
in conflict with the law and their reintegration in society.
3.4)
More efforts are to be undertaken in areas of education to improve

quality and variety of schooling, to ensure sufficient numbers and
qualifications of school-teachers, and to safeguard school environments.
School curriculum should introduce teaching and discussion of
childrens rights to life, development and participation as well as of
human rights, womens rights, legal rights, the worst forms of child
labour and other current topics concerning the well being of children.
Basic education should be accessible to all children and tracking
systems should be established to survey, collect and analyze data of
children who miss schooling or drop out of school. Measures must be
taken to ensure that these children get into school. Education should
be great in variety to meet different needs of different groups of
children. Children who migrate with parents should be able to continue
schooling elsewhere without interruption.
Education for children with special needs should receive more budget
allocation per head and education and training activities should be
tailored to meet childrens special qualifications and needs. Children
who speak dialects should learn Thai while their right to learn their
dialects is respected.
Quality of education can be addressed by focusing on learners
participation in the design and implementation of learning activities and
improving teaching methods to be more analytical and logical and
including topics such as life skills and education and human rights.
Remedial teaching should be offered to children who have to repeat
classes and have particular learning problems. In case of children with
behavioral problems, incentives such as doing community services
should be chosen instead of punishment.
3.5)
Drug problems should be addressed seriously by the government using

both suppression/punishment as well as education approaches. It is
important that children with drug problems are not considered as
trouble-makers or criminals that need to be punished, put away or
corrected but as victims of deteriorating family and social environments
and corrupt practices. More educational and campaign efforts must be
oriented towards family institutions, schools and the society at large as
24
well as strong investigation of public institutions and law enforcement

agencies responsible for narcotics control and suppression.
3.6)
The State should urgently take a holistic approach on family and child
development by highlighting family roles and responsibilities, training
on parenting skills, promoting networks of parents to support each
other, encouraging networks of children and social safety nets to take
part in family and child development, improving social welfare schemes
for families in need, expanding family counseling services and
educating the public on the Act on Social Welfare Management B.E.
2546 and the Act on Child Protection B.E. 2546. Of an equal important
is the development of the body of knowledge and research studies for
the prevention and correction of child and family problems and code of
conduct for child care personnel.
3.7)
In promoting good physical and mental health of children 0-5 years age,
urgent measures should include the preparation of newly married
couples on parenting skills and pre- and post-natal care, promotion of
good nutrition of mothers and children, provision of services and
counseling on nutrition and micronutrients, control of iron deficiency
syndrome in pregnant women and iodine deficiency disorders among
children,
and training of child health development for personnel
involved. In the legal aspect, there should also be a clarification of the
30-baht health care scheme in that childrens rights to health care are
clearly defined and research studies conducted on law, rules and
regulations that concern childrens health, food and related products.
3.8)
For physical and mental health of older children (6-18 years) urgent
actions are to provide better education on child physical and emotional
development for both children and families and to ensure proper eating
habits and choices among the young. Teenage children should be
provided with life skills and reproductive health education, focusing on
appropriate sexual behaviour, and preventing themselves against
sexually transmitted diseases and unwanted pregnancy. Necessary
services should be put into place such as counseling hotline and multidisciplinary referral system.
3.9)
Child safety and accident prevention should be more seriously taken

into consideration. Various relevant laws should be improved and
enforced more effectively e.g. laws to control products safety, consumer
protection, building safety, traffic and transportation and child
protection. Training and rehearsals should be provided to all concerned
on prevention of all kinds of accidents in children and proper first aid
care.
3.10
)
AIDS prevention in children should be exercised through educating

families and children on inter-personal relations, life skills and family
and sex education. Children affected and infected by AIDS should be
placed in family environment for as far as possible and continue to
receive education and other health services entitled to them. Nondiscriminatory counseling should be provided by community volunteers
and health centers personnel. More awareness raising campaigns
should be conducted to promote positive social attitude toward people
with AIDS.
3.11
Cultural aspects should focus on the awareness of the national culture,
25
attitude and practice of self-sufficiency and pride in the local wisdom,

encourage living in harmony among people of different faiths, support
child participation in planning of cultural activities and demand that the
media play roles in safeguarding the national culture.
3.12
)
Child recreation is an area that need to be promoted in formal, nonformal and informal education systems and should be integrated as part
of normal classrooms. A national commission on child recreation should
be appointed involving both GOs and NGOs.
3.13
)
In the area of children and media, it is recommended that media of all

branches play more and better roles in promoting child development
and build capacity of their personnel. Childrens rights to privacy in
media coverage should be strictly respected. Families, schools and
communities should be sensitized on media marketing tactics and
media detrimental to childrens emotional and intellectual development.
Better access to sources of knowledge and creative media should be
ensured for disadvantaged children in local areas and community
organizations should play more roles in promoting local media for
children. A consumers organization as well as hotline services should
be established to investigate the quality of media and protect child
consumers. Television and radio airtime should be clearly allocated to
information useful for children and families while more media for
children should be produced, with incentive provided to the producers.
Pornography and production of pornographic materials should be
suppressed and better blockage be used to prevent children from
accessing pornographic or harmful Internet websites.
3.14
)
More child participation is needed especially in the development

process of democracy.
Life skills and leadership skills should be
cultivated in young people and schooling systems be adjusted to
provide more space for children to express, act and take decisions.
Cautions should be taken to avoid children being manipulated or
abused by groups or organizations. More groups, clubs or organizations
of and by children should be encouraged with active and continuous
support of adults, as well as youth and children forums at all levels.
Society, families and schools should be sensitized to value the
participation and potential of children while local organizations should
allocate budget to support activities that aim at promoting child
participation. Laws, rules and regulations should be reviewed to ensure
that there are provisions that facilitate childrens participation. The
system for child counselors and multidisciplinary teams should be
enhanced to include issues of child participation and childrens rights.
3.15
)
Common measures for children in need of special protection should be

undertaken. They should include strengthening child rearing knowledge
and skills for families of children at risk as well as socio-economic
support and counseling services for families in crisis. More alternative
families should be identified to replace original families that cannot
fulfill their duties towards the child. Welfare should be provided along
with development services targeting poor families, families at risk,
families with AIDS or affected by AIDS and families with very old
caregivers. Basic services for children should focus proactive and
preventive actions by detecting children at risk and intervene before
they fall into more severe situations and access should be improved to
26
ensure that families and children can get to it when needed. Personnel
should increase in number and quality and training be offered to ensure
their ethical conducts and awareness of childrens rights.
Most
importantly is the data collection system and development of indicators
on children in need of special protection for the purpose of planning and
monitoring.
3.16
)
Specific measures for children in need of special protection are to be

divided into three groups i.e. those affected by family factors, by
regulations of the state and by all factors.
Children in the first category (orphaned, abandoned, neglected,
homeless, abused and sexually abused) must be provided with
alternative family care, effective and quality adoption and protection
against further abuse.
Rights of children in the second category (displaced, migrant, hill-tribe
and stateless) should be guaranteed through issuance of birth
registration or certificates to ensure access to basic social services.
Nationality should granted to children of ethnic minority families who
have lived in the country for generations as well as to children of Thai
parents who failed to register their birth.
The third group of children includes trafficked children, children with
physical and emotional disability, working children, children in juvenile
justice system, poor children, children of construction workers and
children with drug, alcohol and smoking problems. This group should
be provided with comprehensive support e.g. detection, withdrawal,
rehabilitation, reintegration and job skills training with full participation
of children, families and communities to ensure smooth reintegration.
Data collection and monitoring of child labour should be made more
effective. Public infrastructure should be renovated and social services
be geared towards the needs of children with disability.
More
importantly, children and youth should have the say in planning and
implementation of justice system concerning them. Welfare of children
working in both formal and informal manufacturing, service and
agricultural sectors should be protected and there should be
progressive implementation of the national plans to combat trafficking
in children and women and to eliminate the worst forms of child labour,
according to the ILO Convention No. 182.
Additionally, the Thai NGOs and young people are concerned with the
welfare and safety of children in especially difficult circumstances not
listed above. The last two recommendations are therefore that:
3.17
)
Efforts should be made to design comprehensive plans and actions to

ensure coordinated relief and reconstruction efforts in communities of
the six Southern provinces of Thailand destroyed by the tidal waves by
the end of 2004 to ensure rights to survival, development, education
and participation of children affected by the natural disaster. These
plans must not be discriminatory in any kinds being they races,
backgrounds or legal status, and must respect human dignity of the
children concerned. Effective coordination among all parties concerned
being government, NGOs and private sector is needed to ensure that
the children are cared for through proper rehabilitation programs and
27
protected from potential risk; abuse, violence and economic

exploitation. Mechanism to systematically assess needs and assure
sustainable assistance is necessary. Information on the national
resources situation and environmental hazards should be developed
and distributed through communities and schools.
3.18
)
Rights to protection and non-discrimination are ensured for children and

youths affected by the violence in the South of Thailand which
continues since early 2004 and where satisfactory resolves have yet to
be reached. The safety of these children and their rights to nondiscriminatory treatment, to protection and to development are to be
guaranteed without discrimination on ground of races and religions. In
case of children and youth who are in conflict with laws, their rights to
fair trial, privacy and protection must be fully respected.
28
References
Childrens Report on Child Rights and Childrens Issues, presented to the United
Nations Committee on the Rights of the Child by the Working Team for Child
Rights and Childrens Issues, Thailand.
Concluding Observations of the Committee on the Rights of the Child: Thailand.
Unedited Version Crc/C/15 /Add.97. 9 October 1998. Committee on the Rights
of the Child. Nineteenth Session. Consideration of Reports submitted by States
Parties under Article 44 of the Convention.
Mekong Childrens Forum on Human Trafficking. Making History. People, Process,
Participation. Bangkok. International Labour Organization & Save the Children
UK, 2005.
Office of the United Nations High Commissioner for Human Rights. Report on the
Sub-Regional Workshop on the Implementation of the concluding observations
of the committee on the rights of the child, organized by the Office of the UN
High Commissioner for Human Rights (OHCHR), with the support of UNICEF,
and hosted by the Government of the Kingdom of Thailand. Bangkok, 11 - 13
November 2004
Preliminary reports of the development of national policy and plan for World Fits for
Children (WFFC). July 2004. Bureau of Welfare Promotion and Protection of
Children, Youth, the Disadvantaged Persons with Disabilities and Older
Persons, Ministry of Social Development and Human Security.
Thailand Country Progress Report. Post-Yokohama Mid-Term Review of the East Asia
and the Pacific Regional Commitment and Action Plan Against Commercial
Sexual Exploitation of Children (CSEC).
Thailand Country Reports on Human Rights Practices - 2002. Released by the
Bureau of Democracy, Human Rights, and Labour. US Department of State.
March 31, 2003.
Thailands Act on Child Protection B.E. 2546. 24 September 2003.
Thailands Second Report on the Implementation of the Convention on the Rights
of the Child, submitted to the United Nations Committee on the Rights of the
Child by the Sub-committee on the Rights of the Child, the National Youth
Commission, the Office of Welfare Promotion, Protection and Empowerment of
Vulnerable Groups, Ministry of Social Development and Human Security.
The Department of Labor's 2003 Findings on the Worst Forms of Child Labor. US
Department of Labor, Bureau of International Labor Affairs International Child
Labor Program (ICLP). Report required by the Trade and Development Act of
2000. 2004.
United Nations Secretary-Generals Study on Violence against Children.
Questionnaire to Governments - Thailand. Draft response as of May 20, 2005.
()
10
2547

http://www.djop.moj.go.th/arti1.htm
Consulted Websites:
Alternative NGO reports (1) NGO report on Norways 2nd report
http://www.crin.org/docs/resources/treaties/crc.24/NorwayNGO.pdf and (2)
NGO report on South Koreas 2nd report
http://www.crin.org/docs/resources/treaties/crc.32/South.Korea_ngo_report.pdf
29
ILO-IPEC Sub-Regional Project to Combat Trafficking in Children and Women in

Greater Mekong Sub-Region at
http://www.ilo.org/public/english/region/asro/bangkok/child/trafficking/wherew
ework-thailanddetail.htm
NGO Guide on reporting to the CRC (NGO Group for the CRC)
http://www.crin.org/docs/resources/publications/NGOCRC/NGOCRC-Guideen.doc
Thailands Department of Juvenile Observation and Protection at
http://www.djop.moj.go.th
The (updated) Fact Sheet on the Human Rights Committee
http://www.ohchr.org/english/about/publications/docs/fs15.pdf
Thailands core document http://www.unhchr.ch/tbs/doc.nsf/
(Symbol)/2618198217c6efc1c125642d004e8478?Opendocument
The International Covenant on Civil and Political Rights
http://www.ohchr.org/english/law/ccpr.htm
US Department of Labour, Bureau of International Labour Affairs,
http://www.dol.gov/ILAB/media/reports/iclp/tda2003/thailand.htm
US Department of State, Bureau of Democracy, Human Rights and Labour at
http://www.state.gov/g/drl/rls/hrrpt/2002/18265.htm
30
Table of Content
Introduction
Summary of the report
1.
Situation of the Children of Thailand
2.
Responses to the Committees Observations and

Recommendations
11
3.
Overall Recommendations
22
References
27
31

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Thailand NGO Report on

The Implementation of the Convention on the Rights of the

Thailand NGO Report on the Implementation of

as stated by the National Education Act 1999. Educational reform emphasizes

Situation of the Children in Thailand

The family well-being continues to be worrisome due to poverty caused

being the leading cause reflecting negligence on the caregivers side.

Education: This is an area that children and youth themselves reflect as

life skills and other aspects of development. Quality of teachers and

Child recreation: There is a lack of planning and coordination among

Children also fall prey of Internet crimes, pornography and

Child participation: NGOs, national and international, and youth groups

Protection of children in need: Data collection and management is

workers, child prostitution and child trafficking despite intensive efforts

Not emphasized in the above categories are children reported to be

because of its hidden nature, total dependence on employers and high

Thailand is often described as a regional hub for trafficking in persons.

The Draft Child and Youth Development Act

The highlight of this act is on the establishment of national youth

Several regional and national forums for children were organized in

In 2004, a series of children forums was organized by the ILO-IPEC,

Responses the Committees Observations and Recommendations

consider the possibility of enacting a comprehensive code for children.

Committees Observations and Recommendations (Item 12): To review the

practices on violating the privacy, dignity, and rehabilitation of children.

In this connection, the Association for the Promotion of Womens Status in

The database being developed by Ministry of Public Health on the basis of

emphasizes that victims of trafficking must be able to access to services

pornography would be punishable by five years imprisonment and a large fine.

The Government should also establish a clear, effective and regular

evaluations and assessments should be used to adjust and further

Systems of juvenile justice The Government should strengthen the

More efforts are to be undertaken in areas of education to improve

Drug problems should be addressed seriously by the government using

well as strong investigation of public institutions and law enforcement

Child safety and accident prevention should be more seriously taken

AIDS prevention in children should be exercised through educating

Cultural aspects should focus on the awareness of the national culture,

attitude and practice of self-sufficiency and pride in the local wisdom,

In the area of children and media, it is recommended that media of all

More child participation is needed especially in the development

Common measures for children in need of special protection should be

Specific measures for children in need of special protection are to be

Efforts should be made to design comprehensive plans and actions to

protected from potential risk; abuse, violence and economic

Rights to protection and non-discrimination are ensured for children and

ILO-IPEC Sub-Regional Project to Combat Trafficking in Children and Women in

Summary of the report

Situation of the Children of Thailand

Responses to the Committees Observations and

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