1. Transnational Trafficking in Persons Wanchai Roujanavong Deputy Director-General International Affairs Department Office of the Attorney General

2. Situation of trafficking in the region A country is or are: 1.Source country (e.g. from Thailand to Europe, USA, Japan, Australia, Malaysia, Singapore, etc.); 2.Destination country (e.g. from Myanmar, Laos, Cambodia, Eastern Europe to Thailand); 3.Transit country (e.g. from Southern China through Thailand to Europe and USA).

3. Types of trafficking found in the region Forced prostitution Forced labour or slavery like practices Forced Begging Cutting of organs

4. International instruments on TIP: UNTOC UNTOC’s Protocol on Prevention and Suppression of Trafficking in Human, Especially Women and Children CRC CRC’s Protocol on the Sale of Children ILO Convention on the Worst Forms of Child Labour

5. Protocol on Prevention and Suppression of Trafficking in Human, Especially Women and Children : Definitions “Trafficking in persons” means 1 Recruitment, transportation, transfer, harboring or receipt of persons; 2 by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the buse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; 3 for the purpose of exploitation.

6. Protocol on Prevention and Suppression of Trafficking in Human, Especially Women and Children: Definitions Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or ther removal of organs. Consent of the victim of trafficking in persons shall be irrelevant if any means mentioned above have been used

7. International instruments on TIP: “Child” shall mean any person under eighteen years of age. If the victim is a child under 18 years of age, means is not necessary. For Adults: elements 1 + 2 + 3 For Children: elements 1 + 3 (2 is not needed to establish the crime of trafficking)

8. Thai laws used to fight against TIP Anti-Human Trafficking Act of 2008 Penal Code Criminal Procedure Code (provides victim friendly procedure) Child Protection Act New Prostitution Act Money Laundering Act Witness Protection Act Extradition Act International Cooperation in Criminal Matters Act Labor Protection Act (Draft Anti Organized Crime Act)

9. The trend of TIP in modern day UN Trafficking protocol: Contains substantive and procedural elements to fight human trafficking; Provides definitions of human trafficking and other related terms; i.e. exploitation, forced labor or service, and organized criminal group; Focuses on protection of and giving assistance to victims while providing proportionate penalties for traffickers and those who take part in trafficking Provides for measures to fight trafficking in several forms

10. Thai Anti – Trafficking in Persons Act Substantive law OFFENCES The offense of trafficking of adults requires that three elements be made out: 1.The action of procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving any person 2.By means of the threat or use of force, abduction, fraud, deception, abuse of power, or of the giving money or benefits to achieve the consent of a person having control over another person in allowing the offender to exploit the person under his control 3.For the purpose of exploitation.

11. Thai Anti – Trafficking in Persons Act Substantive law OFFENCES The offense of trafficking in children only requires that two elements be made out: 1.The act of procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving any person 2.For the purpose of exploitation.

12. Thai Anti – Trafficking in Persons Act Substantive law OFFENCES The Act also makes it an offence to: –prepare to commit an offence of TIP; –conspire in order to commit an offence of TIP; –commit an offence of TIP outside the territory of the Kingdom.

13. Thai Anti – Trafficking in Persons Act Substantive law All offences under the Act are predicate offences under the Anti-Money Laundering Act. This makes it possible to confiscate proceeds of crime from TIP it is an offences to demand, accept or agree to accept a property or any other benefit in order to help the offender of TIP Reflect the offences created under the UN Anti- Trafficking Protocol and UNTOC Establish severe punishment for traffickers and those who take part in or receive benefit from trafficking-related crime;

14. Thai Anti – Trafficking in Persons Act Substantive law Reflect the offences created under the UN Anti- Trafficking Protocol and UNTOC Establish severe punishment for traffickers and those who take part in or receive benefit from trafficking-related crime; Decriminalize the act of illegal entry, prostitution and using forged document in the case of victims of trafficking.

15. Thai Anti – Trafficking in Persons Act Substantive law PENALTIES The penalties for trafficking-related crime prescribed under the Act include: –10 years imprisonment for trafficking of adults –15 years imprisonment for trafficking of children.

16. Thai Anti – Trafficking in Persons Act Substantive law The law Decriminalize the act of illegal entry, prostitution and using forged document in the case of victims of trafficking. Police is prohibited from charging trafficked victims on: Specific offences under immigration law (such as illegal entry) the offence of having in possession of or using forged travel document the offence of prostitution and related offences; the offence of being an alien working without permission.

17. VICTIM SUPPORT under the Protocol States Parties shall provide appropriate assistance including food, shelter, medical treatment, physical and mental rehabilitation, education, training, legal aid, the return to the country of origin. States Parties shall provide measures that allows victims of trafficking to seek compensation and unpaid wages.

18. VICTIM SUPPORT under the Protocol States Parties shall provide the victims with adequate protection both physically and their privacy. States Parties should encourage the victims to cooperate with law enforcement to put the traffickers and exploiters into prison. In appropriate case, States Parties should allow the cooperative victims to temporary stay in their countries and allow them to work, with work permit, during the court process.

19. Roles of Governments Governments around the world put trafficking problem into its top agenda and top priority; Push all government and public sectors to give importance in fighting trafficking; Provide budget and funding; Support law amendments; Punish corrupted officials

20. What had been done MOUs on trafficking between Thailand and Laos, Cambodia, Myanmar and Vietnam (in the process of negotiating an MOU with Malaysia) Multilateral MOU among 6 countries in Mekong Sub-Region :- Thailand, Myanmar, Loa, Cambodia, Vietnam and China Strengthen family and communities with social welfare, education, occupation and income

21. Complication of TIP Trafficking is a complicate, high profit and low risk crime It is very difficult to convict a human trafficker due to difficulty in getting witness cooperation because of psychological trauma of the victims To convict a drug trafficker is ten times easier than convicting a human trafficker Most of human traffickers are considered members of organized crime in accordance with the UNTOC

22. Complication of transnational TIP It is very difficult to get information and evidence in transnational TIP To have a successful case, sharing of information between relevant countries, MLA and extradition are the keys to success in convicting a trafficker The next step is co-investigation team The use of money laundering law to seize and confiscate the proceeds of human trafficking

23. Seminar workshop is the key Due to the importance of the judiciary, prosecutor, police and MLO, and other law enforcement officials, giving information and knowledge of trafficking to them is very important and it is the most effective way to get criminal justice administration on board to help fight trafficking, and it is a very cost-effective and sustainable use of fund in prevention and suppression of human trafficking.

24. Thank you