Thailand Country Study Towards a Best Practice Guide on Sustainable Action Against Child Labour
By Natalie Bennett
Printed by Amarin, Bangkok, ISBN 974-8369-59-5
Chapter II: Socio-Economic Context and Trends and Incidence of Child Labour
2.1 Socio-Economic Context
2.1.1. Demographic Features
The Thai population was estimated as 59.079 million on January 1, 1996, of whom 29.837 million were male and 29.872 million female (50.56 percent). Urban areas were home to 18.856 million people (including 7.486 million people in Bangkok) while 40.853 million lived in rural areas. The population has doubled over the last 30 years, reflecting a period of rapid population growth which continued through the 1970s, but abruptly halted during the 1980s. As a result, the ratio of children under 15 years in the population has fallen dramatically, from 38.5 percent in 1960 to 29.2 percent in 1990.
The current population growth rate is 1 percent, with the average total fertility rate (total livebirths per woman surviving the childbearing years) of only slightly over the replacement level of 2. As a result, the proportion of the population in each age group up to about 40 is expected to level out by the year 2000, accompanied by a slight reduction in the number of children aged between 10 and 18.
2.1.2. Economy
The 15-year period covered by this report neatly coincides with a period of very significant economic change and development in Thailand, with the nation recording the world's fastest rate of economic growth between 1985 to 1994, an average of 8.2 percent. The growth came primarily from the development of the industrial and service sectors, which have grown massively in importance while agriculture declined, despite the fact that 70 percent of the population is still supported by this sector. Rice remains central to the agricultural sector, but over the past 30 years cassava, maize, sugar cane and rubber cropping (particularly in the south) have also developed significantly. The proportion of workers employed in agriculture fell from 84 percent in 1960 to 51 percent in 1992, balanced by a rise in manufacturing employment, with the number of employees in industry rising from two million to four million from 1984 to 1993.
Manufacturing production rose from 13 per cent of GDP in 1960 to 30 percent in 1994, with this being overwhelmingly concentrated in Bangkok and the surrounding areas. In 1993 this region contributed 56 percent of the total Gross Domestic Product (GDP). Initially growth in manufacturing was in low-technology industries such as clothing and footwear production, but since around 1990 investment has increasingly swung towards medium-technology industries such as electronics, computers, petrochemicals, machinery and motor vehicles. Lower-technology production has tended to move from large centralised factories to small, informal sector sub-contractors and home workers.
Tourism has also been a very significant area of economic growth over the reporting period, particularly since 1987, designated by the government as Visit Thailand Year. In 1995 there were more than 5.4 million tourist arrivals, contributing an estimated 170 billion baht to the national income.
Since approximately the start of 1996 there has been a significant economic slow-down in Thailand, with an estimated 1996 growth rate of 6.8 percent and zero growth in exports. The International Monetary Fund (IMF) has estimated Thailand's growth rate in 1997 was near to zero and there are many predictions of negative growth in 1998. It appears this period is one of significant set-backs for Thai development, a conclusion supported by the forced floating of the currency, the baht, and subsequent devaluation, by, at time of writing, approximately 40 percent. Thailand is now receiving significant assistance from the IMF to support and restructure the economy. The medium to long-term economic outlook at present is thus uncertain, and while this report will attempt to consider potential impacts of the economic changes on child labour issue, the fundamental uncertainty presents some difficulties in this endeavour.
2.1.3 Income Patterns
Thailand's per-capita GDP rose to from 17,012 baht in 1982, to 39,055 baht in 1990 and an estimated 66,600 baht in 1995. That income increase has however been very unequally distributed among Thai households. The "trickle-down" effect has aided poorer households to an extent, with the proportion of the population classed as "poor" falling from 29.9 percent in 1988 to 14.3 percent in 1994. This is based on recently recalculated poverty standards developed from the 1970s World Bank model to take into account demographic and social changes, providing an average personal income poverty line of 795 baht/month in municipal areas and 573 baht in villages.
But during this period, the gap between the income of the top and bottom twenty percent of households rose from 12.2 times in 1988 to 15.8 times in 1993. The top-earning 20 percent of households collect a total of 60 percent of the income, while the lowest 20 percent earn only 4.5 percent of the total. That reflects in part very significant regional inequalities, with the average household monthly income in 1994 in the northeast being 1,418 baht, as compared to 5,520 baht in Bangkok.
2.1.4 Employment Profile
Based on an estimated non-institutional population of 59.1 million, the February 1995 labour survey found of the 44.9 million people aged over 13 years, 29.8 million were in the labour force, 66.4 percent of the relevant age group. Other major groups were students (5.3 million) and 4 million housewives. Thai women have a high rate of participation in the recognised labour force (included non-remunerated family agricultural labour) with the female labour force participation rate of 61.2 percent (compared to men's 78.4 percent), reflecting the fact that Thai women have been vitally important to the nation's economic growth over the past 15 years, comprising 80 percent or more of the workforce in seven out of 10 leading export industries. Over the period under consideration, there has been little significant change in these rates, for women or men.
At the start of the 15-year period covered by this report, unemployment was a significant concern, but for the bulk of the period it has been low, around 3 percent. The latest available data, for February 1995, indicated the total national rate of unemployment was 2.3 percent, although only 0.5 percent of those potential workers were actively looking for work. This study found however that the unemployment rates for child workers were relatively high, 3.8 percent for those aged 13-14 and 5.4 percent for 15-19, with the rate for females, 5 percent and 4.7 percent respectively, significantly higher than for males. Many of these had middle or higher level education (at least in the older age group). All of these figures, however, rely on a definition of employed persons as being those who "worked for at least one hour in the survey week," and these figures are believed to hide a considerable degree of under-employment, particularly in rural areas during the agricultural off-season.
As the overall unemployment figures suggest, however, there has until recently been a significant labour shortage in Thailand, at least a shortage of unskilled labour prepared to work for low wages, leading to an influx of illegal immigrants from surrounding nations with a lower level of economic development, and in the case of Myanmar, considerable political/military disruption. A generally-agreed estimate on the number of such undocumented workers in Thailand is one million, although estimates have ranged up to two million. The bulk of these people are from Myanmar. There have been some attempts to legalise their position, providing for registration permitting two years employment, after which the registered individuals are supposed to return to their home countries, but this has met with only limited success.
The recent economic downturn may lead to further change in the unemployment situation, however, with estimates that up to two million workers will be forced out of their jobs. This will add to pre-existing concern that older unskilled or low skilled female workers, over approximately 35 years of age, already affected by technological change, may be particularly vulnerable to retrenchment and find it difficult to find other work. Since their income frequently is essential to, or effectively solely supports, their families, this may lead to more children being pushed into child labour.
2.1.5 Education Profile
Thailand has been successful over recent decades in rapidly boosting the literacy level of the population, which increased to 93 percent of the population aged over six in 1990. Female literacy (91.3 percent) was lower than male (94.7 percent), although that is largely a reflection of historical inequalities, with male and female enrolments at all levels of education now close to equal.
There has been less success in boosting the overall level of education. The 1990 Census found that 70 percent of the population aged over six years had completed primary schooling only, while 13.44 percent had completed senior secondary school and 4.9 percent had a tertiary qualification. Since then, the Thai government has moved towards making the three years of lower secondary schooling, normally for pupils 12 to 15 years of age, compulsory for all pupils, and expressed the eventual intention of making twelve years of schooling compulsory. This policy move has been of great importance in the child labour issue, with many potential child workers now remaining in school, with retention rates into Grade Seven rising from 40 percent in 1990 to over 80 percent in 1997.. Despite the policy change, however, by the year 2000, more than 70 percent of the labour force will still have no more than primary education and currently the average level of education of the population aged over 15 years is only 5.3 years.
2.1.6 Budget Allocation
Under the 1996 budget, allowing for government expenditure of 843.3 billion baht, 19 percent of government expenditure was allocated to education, 12 percent to security, 9 percent to agriculture, 8 percent to transport and communication and 7 percent to public health. Both the education and health allocations reflected significant increases on the 1995 budget, 20.9 percent and 25.37 percent respectively. The effective budgets for 1997, however, and the outlook for 1998 in spending in these (and other areas) is less rosy, due to the changing economic circumstances. At the time of writing this report it is unclear what impact overall government cutbacks will have on spending on education and labour issues, but it appears likely this will be significant, despite expressions of desire to protect these areas.
2.2 Trends and Incidence of Child Labour
2.2.1. Current Perceptions on Child Labour
There is a common perception, among both the general public and researchers, that child labour is the product of the recent 15 years of concentrated economic development. There is not yet adequate information to fully challenge this general belief, but limited historical studies and references, and observable modern phenomena, suggest this may be a case of viewing the past through rose-coloured glasses. Going back as far as 1916, a law specified that all rickshaw men should be aged over 18, suggesting some may not have been, while in 1947 when ILO Asia Region officials visited Thailand "they announced at a press conference that working class in Thailand - whether in terms of wages, protection or welfare - were comparatively better than many Asian countries. There was, however, just one suggestion, that Thailand should not employ children of 10 years old because they were too young and should be attending school."
Stretching even further into Thai history, the migration of labour from the northeast to the central region, a route followed by many child labourers today, dates back well into the last century, when travelling merchants would bring troops of itinerant labourers who worked for the eight to nine months of the rice season before travelling home. It seems likely that many of these would have been child labourers, young people seeking adventure and a broader knowledge of the world, just as their descendants do today, seeking a "certificate of life education".
Additionally, historical literature and modern practice makes it clear that traditionally from a very young age, children were expected to work alongside adults, usually either their parents or related individuals, learning a trade by practising it. Among high socio-economic groups, children might be sent to work in the royal palace, in what has been described as a "finishing school". Neither of these practices are generally regarded as "child labour" or exploitation, yet they involved, often very young, children, at least sometimes working in conditions which would not today be considered acceptable and which would fit the definition of "child labour".
Considering the modern-day situation, it would appear the general public's perception reflects an acceptance not only of child workers, but of child labour, perhaps influenced by the long historical background. Public indignation may be aroused by particularly stark abuses, such as severe physical abuse of young children, as evidenced by public reports to hotlines of alleged abuses and assistance offered by members of the general public to children attempting to escape such conditions. But in general there is an expectation that many children will and should work, and often will work in conditions which do not meet the criteria established by Thai law, which is not in any case particularly well known. This is not only true for children from very poor families, but also from those who are not under obvious economic stress.
One excellent detailed study on this topic was carried out by Banpasirichot, examining child labourer households in rural communities. She found that households sending their children to be child workers were of mixed economic status, with only 30 percent considering themselves poor and fewer being seen as such by outside observers. She found that these households did not value higher education, thought their children would gain from the experience of working, as well as helping the family economically, and that while they were aware of problems encountered by child workers, they thought these could be transcended or were not significant.
Another explanation of the relative lack of public concern about child labour is a very strong cultural tradition in Thailand which expects children to "pay back the breast milk," to return to their parents rewards for the trouble and cost of raising them. Sociological exploration of this issue has concentrated particularly on its importance in girls entry into the commercial sex industry, but it is also a factor in other forms of child labour, and in children's continued endurance of unsuitable or abusive conditions.
A further factor is the historically low level of education in Thailand, and the fact that until very recently, very few Thai children completed more than the compulsory primary education (four and later six years). As recently as the early 1980s, there was concern about overproduction of higher education graduates, and higher education was perceived as only necessary for people, almost exclusively from higher socio-economic groups, who would become bureaucrats. There is thus little tradition of valuing or pursuing higher education, particularly in rural areas.
Broadly then, it can be concluded that there is no public consensus that children under 15, or even under 13, should not be working, a view that is also reflected among officials and non-government workers, many of whom still feel that there are many cases when these children's welfare is better protected by allowing them to remain in work. (See Appendix III, Case J) Associate Professor Lae Eilokvidsyarat from Chulalongkorn University Labour and Management Development Centre said: "Ideally, a lot of experts say eventually we want to stop children from working, but that is very much against the feelings of the local people. Particularly at this time (of economic difficulties), families need the supporting income and you cannot expect much serious labour inspection and enforcement, as if you place too much pressure on employers, they can just threaten to close down the company."
One area in which there has been considerable change in public attitudes, however, is towards some aspects of the most intolerable forms of child labour, particularly child prostitution and involvement in the production of pornography. Affected by adverse international reports, pushed by concerns expressed by a small group of educated, activist women in both the government and non-government sectors, Prime Minister Chuan Leekpai in 1992 stated the government's firm intention to abolish child prostitution, and since then there has been considerable pressure on police and other enforcement agencies to enact this policy, aided by the passage in late 1996 of a new anti-prostitution law which sought to improve the treatment of rescued child sex workers and more heavily penalise those who brought and held them in the industry. Through public and institutional pressure child prostitution has thus become less visible. Whether this means it has been reduced, been driven underground, or into more hidden circumstances, remains to be evaluated.
One area in which there still appears to be little general public concern, however, is in undocumented child labour, particularly children from Myanmar, but also Lao PDR, China and Cambodia. Their illegal or uncertain legal position, isolation from family and community and lack of language skills makes these children particularly vulnerable, but generally the position of these children, and their care, rehabilitation and development, are not perceived as a responsibility of Thai society. This reflects their current position under the law, which makes it an offence to assist them and frequently leads to them being detained with adults, sometimes for considerable periods under difficult conditions, although in some cases individual officials may be prepared to overlook this situation to allow consideration for their welfare.
2.2.2. Statistics on Child Labour
(a) Current Situation
The 1995 labour force survey found the rate of participation in the workforce of child workers was 11.4 percent for the 13-14 age group and 44.4 percent for those aged 15 to 19. As might be expected, in both groups the rate of participation in the workforce in municipal areas was lower than non-municipal, and highest in the northeast region, where 15.5 percent of 13 and 14 year-olds and 50.1 percent for 15 to 19 years olds. For the younger age group the participation rate of girls (12.9 percent) is higher than boys (10 percent), and in the northeast region 17.2 percent of 13-14 girls are in the labour force.
The majority of these child workers are engaged in agriculture (more than 60 percent), with most of the remainder, according to the 1994 labour force survey, 6.5 percent of 13-14 year-olds and 14.9 per cent of 15 to 19 year olds, engaged in manufacturing. Services and commerce are also significant employers, while 14.9 per cent of 15 to 19 year olds in 1994 were employed in construction.
Labour force surveys do not measure any child workers under 13. Another measure, the Child and Youth Survey 1993 found that 1.47 million children aged between 6 and 14 were not in school, including 456,000 aged between nine and 11. Although many of the younger age group may simply not have yet entered school, many of the older age group may be assumed to be engaged in some form of labour.
An important group which may not be included in any of this data is undocumented migrant child workers. For obvious reasons, these children are likely to be missed by official surveys, and it is extremely difficult to determine how many of these children are now working in Thailand. However it is clear, from anecdotal information, the obvious strong demand for low-wage, low skilled workers, that significant numbers of these children are being "pulled" into Thailand..
(b) Trends
Studies during the 1980s showed a rising trend in the number of child workers, but from about 1990 onwards, this trend has reversed. Broadly now, the number of Thai child workers appears to be decreasing. Considering first the vulnerable category of children aged 13 and 14, consecutive labour force surveys have shown a steady decrease in the percentage of the age group classified as in the labour force, from 37 percent in 1990, 35.1 in 1991, 28.5 percent in 1992, to 11.4 percent in 1995, largely a reflection of the massive increase in enrolments in lower secondary education. That still, however, represents a very significant number of children, 523,000 in 1993.
The National Child Labour Information Centre (NCLIC) has estimated that the number of child workers overall will decline from 3.5 million in 1994 to 1.7 million at the end of the Eighth Economic and Social Development Plan in 2001. This is based in part on the prediction the number of children aged 12-14 ending their education after only six years of school will fall from 1.4 million in the period 1990-95 to 44,000 in 2001. There are fears, however, that the current economic slow-down may force a revision of these predictions.
The positive trend is primarily a result of changes in government policy, moving towards making nine years of schooling compulsory, an increase from the previous six years. That policy change has been primarily the result of a recognition of the vital importance of increasing the productivity and skills of the Thai workforce, as economic development has moved Thailand to a position where it can no longer compete as a low-wage economy. The government has also recognised the need to strengthen the institution of the family, encouraging fathers and mothers to support further schooling for their children and to encourage a change in culture to valuing of education and embracing of new technology. The success of these efforts has been uneven.
The above comments apply to Thai children, but another major trend, which has been observed over the past decade, and particularly in the last five years, is the influx of migrant workers coming into Thailand, including many children. Their numbers are impossible to determine, but are certainly significant, and they represent an extremely vulnerable group at great risk of serious exploitation and abuse.
2.2.3 Main Features of Child Labour
The most recognised group engaged in the most intolerable forms of child labour in Thailand, which has received the most attention, both in Thailand and internationally, is child labour in the commercial sex industry, including the production of pornography. The size of this group is a much-contested statistic. The official government estimate is 22,500 to 40,000, which is fairly well in line with the most statistically rigorous attempt to estimate the number of child commercial sex workers, by Guest, which arrived at a figure of 36,000, although this figure may not adequately count the recent increase in flows of undocumented workers from neighbouring countries. Almost all of these are girls. A further group, which in some circumstances needs to be considered in conjunction with this, is children whose work puts them at high risk of eventually entering the commercial sex industry, a category which includes much service employment, such as in some types of restaurants and entertainment places.
Other important groups of child labour include those employed in manufacturing and in other service industries such as restaurants and service stations (gas stations). Of the former group, almost all are employed in small companies, often in the informal sector, which makes them difficult to locate and survey, and often places them outside the provisions of Thai labour law. The same is true for many small restaurants
Other specific groups identified as child workers in, or in danger of being in, engaged in the most intolerable forms of child labour include those in the fishing industry; in the construction industry; and, scavenger children who work with their parents at rubbish dumps or collecting materials for recycling.
As noted above, a large number of child workers are employed in agriculture, but there has been almost no research to determine how many of them may be working under conditions which should be classified as child labour. The assumption has been that most of these children are working with their parents, but as is the case in the fishing industry, this is no guarantee against abusive conditions, or dangers such as exposure to dangerous chemicals, and many others may lack even the basic protection of legal controls on working conditions.
A further group which will be considered by this study is street children, a small but high-need group, which studies have shown frequently "work" in a variety of ways, from begging, to selling garlands, washing windscreens at intersections and other highly marginal work. Government statistics suggest there are about 2,000 homeless children, but NGOs have estimated the figure is closer to 10,000.
2.3 National Legislation Relating to Child Labour
2.3.1. Summary Overview
The primary legislation of relevance to child labour in Thailand is the Announcement of the National Executive Council No 103, 1972, and the Notification of the Ministry of Interior No 12, 1990, both of which refer generally to labour conditions, with the latter specifically focusing on some aspects of child labour. Its most significant provisions include:
(a) The prohibition of employment of children aged under 13.
(b) Employment of children aged from 13 to 15 years requires special permission, with the acceptance of light work such as commercial activity (excluding at premises which serve alcohol), newspaper delivery, delivery of goods and carrying material of less than 10 kilogrammes. Permission may be granted if the work is not hazardous to children's health, psychology or moral development.
(c) Children between 13 and 18 may not be employed in metal melting or moulding; with excessive heat, cold, noise, light and vibration; with dangerous chemicals or infectious substances; with toxic or inflammable substances, except at gas stations; or, in slaughter houses, casinos, adult entertainment places, massage parlours and similar places.
(d) Prohibits the deduction of employment service fees from children's income.
(e) Children are entitled to occasional leave with pay for education or skill development.
A full English translation of the legislation is included in Appendix IV.
The House of Representatives have passed a new labour law which includes important provisions on child labour, particularly raising the minimum age of employment to 15 years. See Appendix IV for translation. As this report was being written, this legislation was being reconsidered by the House of Representatives in the light of Senate amendments. It may then be directly passed to the King for his signature, or may be further considered by a joint House-Senate committee to resolve any areas of disagreement.
2.3.2. Major Developments in Legislation
The major legislative change affecting child labour in recent times was the increase in 1990 of the minimum age of employment from 12 years to 13 years. A discussion of the process which led to this development is included in Chapter 3.
2.3.3. Major Drawbacks in Current Legislation
The major problem with the existing law on child labour in Thailand is that many working children are not technically "employed" under its definitions and therefore have no legal protection. These include temporary workers (those paid on a daily basis), sub-contracted workers, those working with their parents without separate remuneration, farm workers, trainees/apprentices and those legally classed as self-employed. Some attempts to address these problems are outlined under section 2.4.3 below.
2.3.4. Application of Legislation
Many problems exist in the application of the existing labour law. Its provisions are not widely known, particularly among small-scale employers who are the most frequently employers of child labour, and among the child workers and their parents and guardians. Additionally, some elements of the current law, such as minimum ages and conditions, the fact that the legal minimum wage for child workers is the same as for adults, and those specifying wages must be paid to children themselves, have little community support.
The number of inspections of workplaces (to examine compliance with all aspects of the labour law) has risen significantly in recent years, from 587 in 1991 to 5,544 in 1990, 36,578 in 1994, before dropping to 33,182 in 1996, but related to the overall number of businesses in Thailand, this is still a very small proportion, and likely to be concentrated among larger employers in established enterprises who either do not employ child workers, or who employ them in line with the provisions of the law. (See Table 1, Appendix II.)
Those responsible for such enforcement also face dilemmas in that if they penalise employers for illegally employing child labour, the children themselves may suffer significantly, as they may have no other means of support, or may in fact be living in better conditions than they would if at home, despite the fact the conditions do not meet legal requirements. For this reason, it is common for inspectors to consider each situation on a case-by-case basis, with employers frequently being placed on probation for a first offence discovered.
2.4 International Standards Related to Child Labour
2.4.1 Ratification of International Instruments
Thailand has ratified the following eleven international labour conventions:
No 14: Weekly Rest (Industry), 1921
No 19: Equality of Treatment (Accident Compensation)
No 29: Forced Labour
No. 80 Final Articles Revision
No 88: Employment Service
No 104: Abolition of Penal Sanctions (Indigenous Workers)
No 105: Abolition of Forced Labour
No. 116: Final Articles Revision
No 122: Employment Policy
No 123: Minimum Age (Underground work)
No 127: Maximum Weight
Of these only No 123 (which applies to mining, not anyway a major employer in Thailand) directly addresses child labour, but Convention 29 has been a very important tool in addressing child labour issues. Discussion with the ILO Committee on the Application of Standards on this Convention with respect to child labour began in 1985 and it had been raised seven times since then. In 1995, reflecting language used in earlier reports, the committee concluded:
"The report of the Government (of Thailand) seemed to indicate the good intentions of the Government, as well as certain steps taken in the right direction. While certain changes in the laws had been implemented by the Government, the Committee regretted and was deeply concerned that law enforcement was negligible, and penalties rather non-deterrent. In these circumstances, the Committee strongly urged the Government to assign absolute priority to the elimination of child labour. For this purpose, the Government should bring under implementation a coherent, consistent and sustained policy, and follow up the same by immediate measures for effective enforcement, sever penalties and exemplary prosecutions that would really serve the objective of eradication of child labour. The Committee further called upon the Government to furnish full information on the measures taken to this effect, as well as on the follow-up of the various plans and schemes referred to in the Government's report so as to enable the Committee to note real progress in the very near future."
Additionally, Thailand is a signatory to the UN Convention on the Rights of the Child, 1989 (CRC); the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others; and the Convention of the Elimination of Discrimination Against Women, 1985 (CEDAW). Both CEDAW and CRC have proved powerful lobbying tools which have been used in advocacy work, particularly in promoting legal change.
2.4.2. Prospects for Ratification
Ratification of Minimum Age Convention No 138, has been considered at senior levels, but is likely to encounter obstacles from elements of the government which regard such instruments as only likely to highlight problems and damage Thailand's international image.
2.4.3. Impact of Ratification of International Standards
As noted above, Thailand is yet to ratify a large number of ILO standards, but Convention 29 has been an important tool in raising the issue of child labour in many government structures, and in highlighting international concern about the issue.
Additionally, the ratification of the Convention on the Rights of the Child has led to attempts to amend a variety of Thai laws to comply with its provisions, although only the change to the anti-prostitution law has passed into law. There are many committed government officials and NGOs campaigning on this issue, but the fact that this has not been a high priority of successive governments whose terms have averaged less than two years has frequently meant bills have progressed without significant opposition through parliament, but at insufficient speed to be passed into law before the government has fallen, at which point the entire legislative process must begin again. This problem was reflected in the fate of the anti-prostitution bill, which was finally passed more than 10 years after it was first proposed despite the lack of significant opposition to it among lawmakers or the public.
Other proposals arising from an intention to fully align Thai law with the Convention on the Rights of the Child have included:
(i) Attempts to amend the Rendering Aid and Protection of Children Act, which addresses particularly forced labour in begging, prostitution and other harmful activities,
(ii) NGOs proposed a draft Child Welfare and Protection Act designed to promote child-orientated, protection, rehabilitation and development, which might be relevant to child labour victims,
(iii) In 1993 NGOs proposed a draft Protection of Child Labour in the Agricultural Sector Act, to specify working hours, holidays, wages, occupational health and safety, accommodation and compensation conditions, for children working in cultivation, fisheries, forestry, livestock raising and agro-industry,
(iv) The Department of Skill Development submitted the Promotion of Training Act to Cabinet in 1993, which among other issues addresses pre-employment training and on-the-job training for child workers, and;
(v) The draft National Children's Ombudsman Act, designed to set up an organisation for the protection and care of children and youth, subsequently included in the bill to establish a Parliamentary Human Rights Commission.
However, except for item (v), there has been no real progress on passing these proposed laws, a reflection of a fact that these issues are not a priority for members of successive governments, parliaments, or senior officials.
Despite this lack of concrete progress, the above large number and detailed nature of proposals on issues of direct relevance to child labour show the potential power and influence of international instruments on Thai law and policy. The influence was confirmed by the success in amending a number of laws relating to women's rights, which has allowed the gradual removal of various reservations originally applied to Thailand's ratification of CEDAW.
However, as noted above, Thailand has ratified comparatively few international labour conventions, perhaps a reflection of the relatively low level of effective influence that labour organisations have managed to achieve in the period since World War II, so there is unfortunately little knowledge of, and consequently interest in, using these conventions to influence Thai policy. Unions and other grassroots organisations, traditionally weak, have usually pursued only short-term, obvious objectives, such as rises in the legal minimum wage, and usually are anyway fragmented and short-lived.
Additionally, the approach taken by Thai governments and bureaucracy to international conventions has been not to sign them until Thai law is clearly in compliance. There is a reluctance to enter conventions with reservations due to the fact this may highlight non-compliance and affect Thailand's international image. Only in a few cases, most notably CEDAW and CRC, has this reluctance been overcome.
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