Child Labour in Thailand: Best Practice Guide

The first recent period of action of child labour in Thailand can be traced back to 1979, declared by the United Nations General Assembly as the International Year of the Child. This led to the holding of the National Symposium on the Working Child in Bangkok in October 1979, jointly organised by ILO and the Department of Labour. The report of that conference states that:

"Although the National Symposium was of the opinion that the ratification of ILO Convention No 138 concerning the Minimum Age for Admission to Employment should not be made at present due to several factors, Mr. Abeywira expressed his appreciation that there was a consensus of the Symposium on the proposal for a revision of the minimum age if the Compulsory Education Act was to be put into effect by the government."

That conference appears to have particularly focused on education and poverty issues, but without a great amount of research to inform or support its conclusions. There appears to have been very little practical outcome from its work, as it would seem the level of development in Thailand and among Thai government institutions at that time was not sufficient to develop the will and ability to tackle the issue of child labour. It did, however, in conjunction with other events associated with the International Year, act as an initial consciousness-raiser, which slowly bore fruit over the next few years.

In the following few years little material addressing the issue was produced, although a gradual increase in the general level of data collection meant from the late 1970s reasonably reliable data collected by the National Statistical Office (NSO) on labour issues provided at least basic data on the age and number of child workers. NGOs also began to develop, with the establishment of the Centre for the Protection of Children's Rights (CPCR) and the coalition which became the Foundation for Children's Development, both in 1981.

What impetus there was during the early 1980s to raise awareness of child labour issues came primarily from international organisations. Thus an ILO-commissioned paper in 1985 examined "activities and programmes concerning the conditions of working children in industry" and found in effect there were virtually no programmes directed specifically at the issue, although there was at this time rising concern about low educational and occupational skill levels, mainly focused towards the employment and industrial problems this created.

But after this period of slow foundation work, considerable impetus to rising awareness of the issues of child labour was given by the Second Asian Regional Conference on Child Abuse and Neglect, held in Bangkok in February 1988. Funded by UNICEF and the International Society for the Prevention of Child Abuse and Neglect (IPSCAN), with support from a number of international non-government organisations (NGOs), it was organised by Thailand's National Youth Bureau with support from the then Departments of Public Welfare and Labour. This conference led to the commissioning of research and preparation of reports on a wide variety of children's issues focusing primarily on issues of appropriate physical, psychological and social development, but also including the issue of child labour.

The conference also had an important "consciousness-raising" effect, exposing government officials, non-government workers and academics attending the conference to a wide range of issues on which there had previously been little or no emphasis. Examination of the list of Thai participants and organisers reveals many of the names who today are key figures in child labour and children's rights issues.

Concrete results were seen in subsequent activism from the National Youth Bureau, which obtained dedicated funds and commissioned further research into child labour issues. This work involved the Department of Labour (then in the Ministry of the Interior), the Ministry of Health, and Thammasart University researchers, which led to the production of a considerable range of data on child labour. This was used by the National Youth Bureau, with support from the Department of Labour, to advocate an increase in the minimum legal age of employment from 12 to 13 years, approved by Cabinet on June 14, 1988, as one of 27 measures to address child labour. (See Appendix IV.)

At this period, work on child labour issues was still focused primarily in the government sector, with only a few small, mainly welfarist, efforts from non-government agencies. As is common in Thai structures, this effort was not so much that of institutions, but of committed individuals in positions of sufficient power and influence within structures to "make a difference".

Their efforts were assisted by increasing international awareness of the issue of child labour and subsequent pressure put on Thailand through threats of trade sanctions and international disapproval. Thus the paper presented to Cabinet in 1988 specifically stated:

"Since B.E. 2527 (1983), many international organisations have seriously criticised Thailand on the exploitation of child labour to gain economic and political advantages. For instance, the British Broadcasting Corporation (BBC) has criticised the abuse of child labour in the textile industry in Thailand. AFL/CIO in the United States also urged their Government to cut the GSP privilege to Thailand on grounds of the abuse of child labour in the Country."

About this time increasing international interest in the issue was also important in ensuring attention was paid to child labour issues in a number of relevant internationally-supported development efforts in Thailand. So for example the RICE (Regional Centres for the Improvement of Working Conditions and Environment Project), supported by UNDP and ILO, in 1988-89 conducted one of the first detailed surveys of children's working conditions and the circumstances which led them to early employment, conducted in the provinces of Kanchanaburi, Ratchaburi and Samut Songkhram.

There was also related development of NGOs associated with children's issues. These were also involved in supporting research, one example being a study of the rural roots of urban child labour conducted through the Social Research Institute of Chulalongkorn University, backed by the Centre of Concern for Child Labour Foundation of Children's Development and the Centre for the Protection of Children's Rights, Foundation for Children, published in 1983.

Throughout the early 1980s, there was also increased national interest in family planning and child welfare, a reflection of the then very young Thai population and concern about high birth rates. (These rates were very quickly reduced once family planning services were widely available.) Thus the Fourth Five-Year National Economic and Social Development Plan (1979-84) noted that people aged under 27 years comprised more than half of the population and focused on issues of nutrition (particularly for younger children) and education and training. The following plan tightened its focus on educational drop-out rates and mentioned for the first time particular health concerns about working children. Further discussion of more recent national plans is included under Section 3.2.2 below. General welfare concerns thus created an environment in which in particular health concerns of young workers could be raised and regarded as a legitimate development issue.

In summary, then, by the late 1980s there was concern within the public and non-government sectors among a number of key individuals about the issue of child labour, focusing particularly on children aged under 15 working in dangerous or abusive conditions. Efforts by international agencies were important in developing an awareness of the issue, but central to its maintenance and legitimacy was the development of a body of credible research documenting the actual conditions being endured by children and the causes of their entry into employment. As will be charted below, this close link between international organisations and key public sector actors remains central to mobilising government action and addressing child labour issues to the present day.

A further spur, for both these workers, and for new actors, particularly from the non-government sector, came from the signing of Convention on the Rights of the Child (CRC) in 1992, following the signing of the Convention on the Elimination of Discrimination Against Women (CEDAW) in 1989. A sub-committee on child rights was established within the Office of the Prime Minister, including members of parliament, legal experts, government officials and members of NGOs and international organisations. It has been an important factor in raising consciousness of participating individuals and institutions. The signing of the convention has promoted the development of a small number of non-government organisations focusing particularly on "children rights," a new concept in Thai society, some of which have addressed child labour issues.

One specific area of child labour issues has attracted a very high-profile from the government and non-government sectors, international organisations and the Thai media; that of children's involvement in the commercial sex industry. Throughout the past decade they have worked closely with activist women within the public sector to change government policies on the sex industry and introduce effective programmes, both government and non-government, aimed at preventing the entry of girls into the industry or rescuing girls from it.

Once again, international action was important in spurring these developments. Beginning about the early 1990s, there was considerable international attention, from the media and advocacy groups, focusing on the size and importance of the commercial sex industry in Thailand, particularly as it related to the rapid increase in tourism in the country. Within Thailand, among women's groups in particular, there was also a rapid spread of awareness of the issue, with the signing of CEDAW focusing attention on the industry from a human rights perspective. Slightly later, the signing of the CRC also had an important impact. As research was conducted, it became obvious that many entrants to the industry were under the age of 18, and their plight became a particular focus of attention.

The spread of the HIV virus and recognition of its potentially catastrophic effect on Thai society was also an important factor in focusing attention on the issue. After the original focus on tourism as a cause of children's entry into the commercial sex industry, there was increasing recognition that the major problem lay not with tourists, but within the structure of Thai society which supported the vast bulk of the commercial sex industry. There have thus been a very large number of awareness-raising activities directed at the general population, on a scale not seen in addressing other child labour issues. Research suggests this has had some effect in changing social attitudes towards the use of commercial sexual services (in combination with the fear induced by the HIV virus). Law enforcement officials have also been more effectively mobilised in this area than in any other child labour issue, producing something of a crackdown on the employment of child commercial sex workers.

Funds for research, advocacy and action work on issues surrounding the commercial sex industry have been very readily available, encouraging the entry of many actors into work addressing the commercial sex industry. Most major government agencies, non-government women's and children's organisations, welfarist organisations and international organisations now have programmes addressing these issues.

International pressure and concerns about Thailand's international image have remained important factors which can be used as tools by these groups, as evidenced by the fact that Thailand's Council of Ministers finally passed a new Action Plan to address the commercial sexual exploitation of children one day before the 1996 Stockholm Conference on the Commercial Sexual Exploitation of Children (although government and non-government workers spent many months developing and advocating the plan before its final approval by Cabinet).

The above analysis has attempted to consider government agencies and NGOs as separate actors within child labour issues, and certainly they have played somewhat different roles, with NGOs sometimes being prepared to be more overtly activist and radical in their positions, but it should be noted that within Thailand, many individuals have roles within both groups. One individual may be a university researcher, may hold an official post within the bureaucracy, and also be the key person in an NGO, thus to some extent this division is artificial within the Thai context.

3.2 Policies on Child Labour

3.2.1. Political Commitment

Generally speaking, politicians are not significant actors in the issue of child labour in Thailand, as is the case with other social issues. In the 1960s, Thailand was described as a "bureaucratic polity," in which bureaucrats, both civilians and military, basically maintained a hold on politics, and particularly on policy making and policy direction. This is a situation which, at least in the area of social policy, has scarcely changed to the present day.

Political parties are weak in Thailand, with only very loose links between particular parties and policy positions. The election of 1993 presented perhaps the clearest differentiation between contesting parties, with some clearly identified with conservative, up-country businesses with close military links and others with the modern urban middle class, more progressive urban business and generally more democratic approaches. In subsequent elections, however, that clear division has somewhat broken down. Members of parliament frequently switch parties at each election, taking their personal standing with them in return to offers of advancement, such as Cabinet positions.

This situation may change at least somewhat in the future, however, with the adoption and implementation in October 1997 of a new constitution designed to significantly change the relationship between various elements of the government, particularly the legislature and the executive and implemented, with, for example, members of parliament being forced to resign their seats if they become ministers. If its objectives are achieved, it may promote a more "issue-based" approach to politics, although the low level of political education and understanding in rural electorates (which provide the majority of seats) will remain a barrier to these goals. An election is expected under this constitution in about the middle of this year.

Major parties do adopt policy platforms before elections, which are then incorporated in the statements by governments, but these are little more than broad statements of good intent, with only campaigning effect, and usually barely distinguishable from one another. For example, the then government policy on women, children and the disadvantaged, as presented to Parliament on July 26, 1996, stated its intentions as:

"(1) To strictly implement measures for women's welfare, protecting them from being exploited and preventing child and young women entering commercial sex activity;

(2) To support children to have physical, mental, intellectual and ethical development, focusing on coordination between the governmental and non-governmental agencies; and

(3) To support the institution of the family, government and non-governmental agencies, community organisations, religious institutions and the mass media to play a role to prevent and solve problems of, and develop, children and youth in distress, so that they can have a peaceful, happy life, including actively preventing and solving child labour and child prostitution problems".

One notable exception to these comments was the commitment before an international audience given by then Prime Minister Chuan Leekpai in 1992 to abolish child prostitution in Thailand. While representing an unusually straightforward and clear statement which deserves special note, the primary impetus encouraging its formulation and delivery came from within the bureaucracy. Mr Chuan also made a statement on November 2, 1992, that there "must not be unfair child labouring by assigning the concerned agencies to take serious actions".

Prior to this, the technocrat government of Prime Minister Anand Panyarachun, with ministers appointed chiefly from within the bureaucracy, which operated following the 1992 military coup and before elections in 1993, began early government action, particularly against commercial sexual exploitation, with a series of unprecedented raids on brothels and other businesses offering sexual services, together with public pronouncements which began to raise public awareness of the issue. Mr Panyarachun also stated a clear commitment of addressing broader child labour issues.

A few individual politicians, particularly female politicians, have taken action, often in response to NGO lobbying or pleas from individual constituents such as parents of victims, to assist in particular efforts, particularly rescue of children in seriously abusive conditions, and their presence is sometimes useful in ensuring fair and humane treatment of victims and prosecution of offenders. They also generally offer their support to attempts by government and non-government organisations to work towards policy change, but they are very much acting as individuals, rather than within a broader political framework, and such efforts tend to be sporadic, and reactive rather than proactive.

3.2.2. Objectives and Strategies

(a) National Policies and Plans Against Child Labour

In Thailand, national policy and plans of action in Thailand are invariably linked in a single document, and for this reason both policy and programmes at the national level will be considered together in this section.

The first significant step towards a concerted national policy and plan of action on child labour was taken in 1988, when Cabinet adopted a list of 27 measures to tackle the problem. (See Appendix IV.) The impetus for the development and promotion of this package came chiefly from within a few committed, high-level individuals within the bureaucracy, with their efforts assisted, as noted above, by international concern and adverse international publicity about the issue in Thailand. Some of these measures were simple and direct, such as the raising of the minimum age of employment to 13 and the direction to improve protective provisions in the Labour Protection Act. Many of the other measures were, however, extremely general and without clear directions on implementation such as "intensify efforts in enforcement to ensure children complete their compulsory education" and providing "more educational opportunities to the poor".

Many of the measures resulted in the development of small pilot schemes, or simply acknowledged those already in existence, such as item 7, on "promotion of health and hygiene", which referred to an existing Bangkok metropolitan programme, and broad implementation of many of its directives was either very slow or non-existent. For example, the Cabinet provided for the provision of rewards for members of the public who provided information which led to the successful prosecution of employers for child labour offences, but, while efforts continue, the administrative details of these scheme have still not been agreed and it has thus not been implemented. The Cabinet accepted as long-term goals the amendment of the compulsory education act to increase the specified period from six to nine years and the increase in the minimum age of employment to 15. Neither has yet been achieved, nearly 10 years later.

The 1988 Cabinet-approved measures were an important step in the development of efforts against child labour in Thailand, particularly as an indication of official awareness and concern about the issue, but by no means represented a coordinated and effective national policy and plan, a conclusion which can also be drawn about a similar set of 15 measures adopted by the Cabinet in 1993. These were:

1. To speed up labour inspection and labour protection law enforcement;

2. To launch a national campaign against exploitation of child labour and seek cooperation from different partners;

3. To provide information for community leaders and the general public on proper development of child labour; 4. To meet with job placement offices to inform them about regulations on the use of child labour;

5. To meet with enterprise owners to inform them about the use of child labour and labour protection law; 6. Registration of child migrant labour;

7. Set up special committees for child labour protection at the central and provincial levels;

8. Seek cooperation from hospitals in Bangkok and the provinces to report on suspected cases of child labour abuse and torture;

9. Set up labour inspection offices in 36 districts in Bangkok;

10. Increase the number of labour inspectors appointed from government agencies;

11. Extension of six years compulsory education to nine years;

12. Skill development promotion for non-school children under 15 years;

13. Training of labour inspectors for efficiency improvement;

14. Set up a hot-line centre for public reporting of cases of child labour exploitation; and,

15. Increase the degree of punishment of labour protection law.

Of these measures, numbers 1, 9, 10, 13, and 14 can be said to have clearly been implemented, while there have also been steps towards implementing 2, 3, 4,5 and 7, with varying degrees of effectiveness and reach. In many cases pilot schemes and efforts covering selected areas have been begun, but many of these suffer from uncertain funding situations and difficulties in extending beyond the pilot stage, as will be discussed in considerable detail below. While representing an important series of measures, these 1993 Cabinet measures still fall short of what could be considered as a coordinated national policy and plan.

It was not until last year (1997) that a coordinated national policy and plan against child labour came into effect. "The Child Labour Problem: Prevention and Solution Plan, 1997-2001" was developed by the Ministry of Labour and Social Welfare (MOLSW), beginning with a consideration of the measures agreed in 1988 and 1992 by the Cabinets at that time and considering the degree of success and failure in activating the government decisions. (A copy of the Plan is included in appendix IV.) The plan is quite frank in indicating the limitations of these measures and the difficulties in their implementation. It states that as many of the proposals in both sets of measures were general in nature and have not been adequately funded or activated, the new plan is effectively an attempt to systematise the national approach to the problem of child labour and develop an effective and practical framework for action.

The Prevention and Solution Plan broadly follows from the earlier 27 measures, adopting some of its long-term objectives, such as the raising of the minimum age of employment to 15 years, and continuing statements of commitment to enforcement of the child labour law and protection of children. It has yet, however, to be operationalised in terms of budget allocations or specific programmes, and thus presents guidelines rather than plans.

Major funding and technical support for the development of the 1997 policy and plan, which was developed over a five-year period, was provided by ILO's IPEC programme. This international support, and high-level bureaucratic support from influential individuals was vital in maintaining focus and resources for the development of this plan.

Two major consultative meetings were held in Bangkok to refine the proposed plan, involving representatives of major relevant government agencies, non-government agencies and the private sector. The plan remains, however, heavily government-focused, not surprising since the non-government sector remains very small and fragmented. NGO-government cooperation is more frequently seen at the regional level, and in specific programmes, rather than in general policy issues. Within the government, despite attendance of obviously related government organisations such as the Ministry of Education and the Department of Social Welfare at these meetings, the 1997 Policy and Plan is largely regarded as an MOLSW document, and it thus remains difficult to fully involve these and other important agencies in its implementation, particularly in ensuring appropriate budget allocations and directives from senior officers are made. Private sector interest, for reasons which will be discussed below, is very limited.

As will be evident from the above discussion, national attempts to prevent child labour have consisted primarily of prescriptive control measures, such as laws, regulations and bureaucratic directions, an approach broadly seen in all areas of social policy and a reflection of the strong "top-down" nature of official structures and sometimes of immediate, little-considered responses to international pressures. There has been little or no debate about the appropriateness of this response.

There is strong support among a minority of child labour workers, particularly in the non-government sector, for an alternative approach of using a "service" orientated approach, including actions such as offering support and assistance to employers of child workers, to child workers themselves and to their families, with the primary concern on aiding children's healthy development, rather than enforcing rigid laws or criteria. Mr. Sanphasit Koompraphant of the Centre for the Protection of Children's Rights said: "If we focus on control, then child labour is pushed underground, and we cannot tackle the children's problems. If we change to a service policy, it will be like a hospital - people are happy to go to a hospital to be helped when they are ill - and we will get cooperation from employers, families and children and they will give us information."

Realistically, however, such a change in approach is unlikely, due to the nature and approach of government structures and the difficulty in presenting such an approach as a positive, forward step, rather than an increase in tolerance of a situation not considered internationally acceptable.

(b) National Policies and Plans Against Forced Labour

Thailand does not have a specific policy and plan against forced labour, but does have the National Policy and Plan of Action for the Prevention and the Eradication of the Commercial Sexual Exploitation of Children, adopted in 1996, which addresses the main area of forced labour in Thailand. The adoption of this plan, in conjunction with a new Prostitution Prevention and Suppression Act (See Appendix IV), was the culmination of more than 10 years of concerted effort by government and non-government women's organisations. The new law widened the definition of a "brothel" to reduce policing difficulties due to legal technicalities, substantially increased the penalties for brothel owners, procurers and traffickers of girls and women, and introduced penalties for parents who knowingly sell their children into prostitution (although there has not yet been a prosecution under this clause). There are also explicit penalties for officials who fail to carry out their duties in enforcing the law.

As does the national policy and plan against child labour discussed above, the policy against commercial sexual exploitation focuses in terms of prevention on the importance of extending the period of education available, particularly to girls, and also highlights the need to use teaching methods "that enable a child to think, to uphold moral principles and be able to choose a way of life with human dignity". In dealing with the victims of trafficking, particularly the child victims, it seeks to improve the provision of "protection and vocational development" to these victims. Under the previous legislation these girls and women were sent to a small number of institutions run by the Department of Public Welfare which were largely viewed by the victims as prisons. The new legislation provides for institutions in each province, to be supervised by a committee with government and non-government representatives, designed to be more flexible, caring and appropriate to the needs of rescued victims. It has not yet, however, proved possible to effectively put into operation this part of the legislation and plan.

A series of four major forums was held after the enactment of the new anti-prostitution law, in each region of Thailand, directed towards senior-level officials such as provincial governors, judges, senior prosecutors and police chiefs, but many difficulties remain in attempting to ensure all levels of the judicial system are aware of its provisions and intentions, and are prepared to carry them out. Enforcement at all levels, due to a lack of knowledge and resources, corruption and even involvement of officials in the commercial sex industry, continues, however, to be of limited effectiveness.

Pressure from women's organisations, sympathetic senior political and bureaucratic figures, aided by concern about Thailand's international image, has however meant that the level of visible commercial sex workers aged under 18 years has decreased, and high-profile enterprises, such as those catering to foreign tourists, generally comply with the 18-year age minimum. Other types of enterprises, such as restaurants and entertainment places, particularly those using undocumented or semi-documented migrants, remain a serious problem in this area, however, as does continued transport of children from Thailand to other countries to work in the commercial sex industry.

In 1990, the National Youth Bureau completed an evaluation framework for child development based on basic minimum needs and services for children, which sets out age-related goals and services which should be provided. By implication it is suggested the state has some responsibility to ensure these are provided. This is, however, a very general framework, and difficulties in its implementation arise since the National Youth Bureau is a coordinating, rather than operating, agency, and thus has few programmes of its own to ensure its enactment. Other action agencies, such as the Ministry of Health, the Ministry of Education and the MOLSW, have their own frameworks on which the Bureau's guidelines have little impact. It is thus of minimal importance in the battle against child labour.

(d) National Development Plans

The rise in the interest of the position of children in general in the Fourth and Fifth National Economic and Social Development Plans is charted above. The Sixth Plan (1987-1991) continued the earlier stress on human and labour quality, with the addition for the first time of an additional emphasis on workplace safety. The Seventh Plan incorporated the main decisions of the important 1988 Cabinet-approved measures, including the intention to raise compulsory schooling to nine years and the increase in minimum age of employment to 15 years.

The current Eighth National Economic and Social Development Plan (1997-2001) has the clearest yet statements on child labour. This development is in part a result of the gradually-building momentum in pushing for action from within the bureaucracy and in part because of the higher than ever before level of grassroots consultations involved in its preparation, including particularly involvement of NGO, including those concerned with human rights issues.

It sets as priorities the acceleration and "prompt enforcement" of legislation increasing the minimum age for labour from 13 to 15 and the assurance in the areas of child labour not covered by current legislation "of protective measures and provision of decent welfare benefits for young labourers, both in the agricultural sector and informal sector". It also states the need to ensure "understanding of the issue of child labour by community leaders and labour union leaders" and to "encourage them to assist in protecting young workers". The need to encourage employers to provide or improve on the welfare of child employees, particularly with regard to education and training, recreation and quality of life, is also stressed.

Addressing the issue of a particularly disadvantaged groups, what it terms "child wanderers," or in other terms homeless children, the plan states the need to "develop and efficient and systematic process for protecting" their safety, and highlights the need to "encourage an improvement in the attitudes and working methods of public officials in promoting the improved status of distressed children," including the homeless, including changes in the judicial system.

The Eighth Plan was however drawn up largely before the nature and degree of the current economic difficulties became evident, and its focus on human resource development including child labour and rights, may be diluted by a review now underway of its structure and by cutbacks in funding for government projects and agencies.

It is also hard to establish any direct impact of the plan, and its importance lies more in its evidence of changing attitudes at high levels in the bureaucracy, with an increasing stress on developing human resources, rather than building of physical infrastructure. The move during its formulation towards a more grasroots-influenced approach, with consultative meetings held around the country with efforts to attract a broad range of groups and individuals, is also indicative of attitudinal change among senior planners which may be of importance in future planning, including that for child labour.

(e) Private Sector/NGO Policies

An important meeting in 1994, organised by the National Council for Child and Youth Development and funded by IPEC, attempted to develop a coordinated approach to the issue of child labour among NGOs. The meeting reached two main conclusions. Firstly, it highlighted the need to classify children into different target groups, such as those at school, children ready to work, child workers in the labour market, and child labour (i.e. those whose rights were being violated, including forced labour). Secondly, it concluded that while the government was chiefly concerned with strengthening legal protection against child labour, NGOs should be concentrating on broadening knowledge of the frequency, nature and causes of violation of children's rights and maintaining current data on the situation of children not protected by law.

Some NGOs, particularly in Bangkok, have followed and developed this focus on children's rights, often heavily influenced by the CRC rather than simply concerns about child labour, but it cannot be said there is a broad, agreed NGO policy on addressing child labour. NGOs may cooperate with partner organisations, either other NGOs or government organisations, for particular projects, but generally their directions are set by their key individuals. However, as most funding is from international sources, either inter-governmental organisations or international non-government organisations, donor focus and priorities are generally more important in determining direction and policy than local interests. NGOs have had very little success in developing local sources of funding, and the current economic downturn means this situation is unlikely to change into the medium term. This is thus another way in which international concerns impact on the approach to child labour issues in Thailand.

There has been only one case of a coordinated employers' approach to the issue of child labour. In 1994-95 six seminars were held in Bangkok and regional areas, organised by the Employers' Confederation of Thailand (ECOT) with support from ILO/IPEC. These were primarily consciousness-raising exercises which brought the issues of child labour to the attention of employers. Roles for employers were identified in protecting and offering opportunities for child workers to develop, including skills training and education and spiritual and emotional development. Most realistically, the seminars concluded ECOT could be an important focal point for ensuring the dissemination of information on legal provisions controlling the employment of child workers.

It would appear, however, that since these seminars there have been few developments in implementing these intentions. In any case, major employers' organisations are likely to be of limited use in attempts to address the issues of child labour, since most of their members are large or medium-sized businesses which employ few if any child workers, and if they do engage in such employment are anyway likely to know of and follow legal provisions. Such organisations are not an effective way to reach small-scale and informal sector employers who are the primary employers of child workers, and of child labour.

Efforts to involve employers' organisations in work against child labour are further complicated by the fact that there are a significant number of organisations which claim to speak for either major business sectors, or for all areas of business, but which effectively compete against each other. The same barrier existing in the trade union area, with approximately eight major confederations seeking to represent unions which in Thailand are primarily enterprise-based.

Two small national projects have been developed involving unions, one completed and one now in operation. A training programme scheduled to be completed in October 1997 aims to train 50 union leaders in child labour issues, and equip 15 of them to become trainers on the issue and hopefully to conduct further workshops on their own initiative. (See Appendix III, Case I.) In 1996, the Trade Unions of Leather and Textile Industries of Thailand conducted a small awareness raising exercise in a number of enterprises in Samut Prakarn Province (near Bangkok). This was judged successful in changing attitudes of those participating, with an initial scorn and disinterest being replaced by concern and awareness.

There is also union representation on the National Steering Committee on Child Labour, ensuring at least input from that sector in selection and direction of action programmes. Attempts to encourage proposals for further union-conducted programmes have however been unsuccessful, reflecting the fact that the relatively fragmented and weak unions, concerned almost solely with the pay, conditions and job security of their members (particularly in the current economic climate), do not place a priority on child labour issues.

(f) International Cooperation

The major area of Thai-international cooperation on the issue of child labour is the ILO/IPEC project, in which Thailand was one of the first six participating countries, with the programme beginning in 1992 and committed to continue until 2002. In March 1993, a National Steering Committee on Child Labour (NSCOCL) was established within the Department of Labour, then part of the Ministry of Interior, with representatives from various government organisations with responsibilities related to children, NGO representatives, employers, workers' organisations and academics. When the Ministry of Labour and Social Welfare was split from the Ministry of Interior, the NSCOCL moved with it. Among other work, the NSCOCL has the responsibility of reviewing and approving IPEC programme proposals and monitoring and evaluating the progress of approved programmes.

The Thai government also has a long-standing agreement with UNICEF to jointly develop, fund and otherwise support programmes directed towards what were previously known as "children in especially difficult circumstances" and are now termed "children in special need for protective measures", which includes a number of categories of child labour, particularly children in the commercial sex industry and street children. Discussion of attempts to coordinate these efforts with those of other agencies, are contained in Chapter 5.

3.2.3. Implementation Mechanisms

(a) Policy-Level Mechanisms on Child Labour

The National Child Labour Protection Committee (NCLPC) was set up in 1992. It has responsibility for overseeing government efforts on child labour, providing policy directions and proposals on laws, regulations and initiatives to be considered by the Council of Ministers and monitoring and evaluating government policies, programmes and projects on child labour. It is chaired by the Minister of Labour with the secretary being the Director-General of the Department of Labour Protection and Welfare (DLPW). Members are primarily high-level government officials from relevant ministries such as health and education, in addition to the MOLSW, appointed through their position rather than as individuals, in addition to a small number of individuals, primarily representatives of major NGOs and researchers and other experts. The secretariat for the committee is the Woman and Child Protection Unit in the MOLSW (described in detail below). According to its original mandate the NCLPC is to meet three times per year.

The NCLPC has however, unfortunately, been largely ineffective and has met only very irregularly. Under its current structure, it is effectively dissolved when the government changes, as it has five times since the committee's establishment, and must be reconstituted and confirmed by the new government.

There are a number of reasons for the ineffectiveness of the NCLPC and its sub-committees. Firstly, due to the commonly short terms of Thai governments, the chairperson usually changes regularly, and is not generally a person with any particular interest in the issue of child labour, and has no time to develop such an interest.

Without impetus from the chairperson, responsibility for calling meetings and determining their agendas falls on the secretariat, which is not equipped for the task, either in terms of skills, experience, motivation or time. Those responsible indicate they simply feel unable to decide what should be included on agendas, and due to the amount of work required to draft an agenda, produce minutes of the meeting, etcetera, are little inclined to do so. They indicate that even if a meeting is held and directives are handed down, there are no resources to implement these directions. Within the MOLSW structure, there is a Technical and Planning Division, responsible for research and academic-style analysis, which might be seen as having responsibility for offering assistance, but not having any special interest in the area and without clear direction, it does not take any action.

Other members of the committee are unlikely to take a lead, as they also are likely to change regularly, being appointed by position rather than name. Regular reshuffles in the Thai civil service mean turnover of these individuals is likely to occur at approximately two-year intervals, and any individuals with particular interest in the issue of child labour are thus unlikely to remain, while others will not have the opportunity to develop an interest.

The committee in fact did not meet in 1995, had one meeting in 1996, and finally met on July 8, 1997, almost one year after the government of Prime Minister Chavalit Yongchaiyudt took power. A copy of the minutes of that meeting are included in Appendix IV. Examination of those reveals the very general nature of its deliberations and lack of concrete proposals and structures.

The government has changed again since then, and since under the new constitution an election is to be held within approximately six months, the committee and sub-committees will be unlikely to have taken any real action before it is again effectively forced to be reconstituted and to begin anew under the chairpersonship of a new minister. In an attempt to address this problem, a sub-committee has been appointed to draft rules and regulations to make the committee a permanent one which will continue even if the government changes.

The National Steering Committee on Child Labour (NSCOCL), discussed above, was originally established as a sub-committee of the NCLPC, but due to the unsatisfactory nature of the committee was later established as a separate entity, attached to the Office of the Permanent Secretary of the MOLSW.

A sub-committee of this committee conducts preliminary screening of project proposals, with representation from various government departments, workers, employers and IPEC. The structure was created in light of recognition of the need for more detailed examination of proposals, including assistance in drafting or strengthening project design, and addressing difficulties such as translation and meeting reporting requirements. The sub-committee considered 35 project proposals from 26 agencies submitted for support for the 1998-9 biennium.

The NSCOCL is served by a secretariat with a current total of five full-time staff (initially six). It was established in 1995, primarily at the instigation of IPEC, within the Office of the Permanent Secretary of the MOLSW. The Ministry provides support in the form of staff and facilities, while IPEC funds its operations and provides equipment such as computers. Initially all of the staff were supported by IPEC, but now two of the administrative positions are funded by IPEC, with the remainder being government officers. The secretariat is sometimes also known as the Child Labour Coordinating Unit and the IPEC Administration and Coordination Office.

The NSCOCL secretariat has no formal legal status created by regulations within the government, a reflection of the situation in which many organisations, such as the NCWA, began, but now appears to be fairly well established. It arranges regular meetings, approximately bi-monthly, and monitors basic administration of IPEC projects within the MOLSW. It can be seen as one of the chief examples of the success of the IPEC approach of "mainstreaming" child labour efforts, having been successfully established within a broad bureaucratic structure and well on the way to sustainable operation.

The office also monitors the mass media, including television news, to record reports on child labour, although unfortunately at present no analysis or reporting of the material collected is carried out. It appears broadly to function effectively, although its head indicated that, as staff were drawn from a range of other duties, training to provide awareness of child labour issues, and to provide contact with target groups, would be valuable.

A useful comparison with the problems of the NCLPC can be made with the National Committee for the Eradication of Commercial Sex, a sub-committee of the National Commission on Women's Affairs with responsibility for overseeing the National Policy and Plan of Action for the Prevention and Eradication of the Commercial Sexual Exploitation of Children. Although structured along much the same lines in terms of membership, the NCWA meets regularly and has an active network of about twenty sub-committees which feed information and proposals into its agenda.

Examination of the differences between the two organisations shows that the NCWA has a much larger secretariat (a staff of over 40 in the Office of the NCWA, within the Office of the Prime Minister), but perhaps more importantly has several long-term, committed members who are able to provide encouragement and direction to the also rotating membership of senior civil servants. As a model for the "best practice" for operation of high-level coordinating committees within Thai bureaucratic structures, it has a great deal to offer, as does the Child Rights Committee outlined below.

(b) Policy-Level Mechanisms on Child's Rights

The sub-committee on Child Rights was established under the National Youth Commission in August 1989, as part of Thailand's preparations to become a signatory to the Convention on the Rights of the Child. It includes members of parliament, senior government officials, members of NGOs and international organisations and individual experts, who make up 14 out of the 24 committee members. It has responsibilities much like those of the NCWA and NCLPC, suggesting modifications to laws and policies and working to promote children's rights to government officials and the general public. It also prepared Thailand's report on Thailand's implementation of the convention. The fact that the majority of its members are appointed as interested individuals rather than as holders of a set position, the heavy involvement of NGOs, and the presence of some highly active and activist members has ensured the effectiveness of this committee.

The primary government unit with responsibility for immediate action on child labour is the Women and Child Labour Division, within the Department of Labour Protection and Welfare, in the MOLSW in Bangkok. Its five staff have responsibility for overseeing inspections and protecting children in Bangkok in conjunction with the 19 area officers of the Department of Labour Protection and Welfare. In addition, it has responsibility for setting policy and enacting designing and enacting action plans, including the supervision of the Operation Centres for the Rescue of Women and Child Labour in 75 provinces (discussed below). Thus rather than being an operational unit, it is primarily designed as a coordination centre, to link the efforts of both central and local agencies, including following-up of operational results.

As noted above, it also acts as the secretariat for the NCLPC. Some of its problems in terms of lack of resources and skills are discussed above, and its difficulties in implementing particular programmes are detailed below and illustrated in Figure 1 below, which indicates the heavy responsibilities this pivotal unit bears with very limited resources.

At the regional level, each of Thailand's 75 provinces has officers from the MOLSW with special responsibility for child labour. They have responsibility for overseeing inspections and developing child protection, employment services, skill training and social security. Each receives a technical support budget from the central government to meet administrative costs. In addition, by direction of the Cabinet in 1995, each province has a Committee of the Operational Centre for the Rescue of Women and Child Labour, chaired by the governor or a representative of the governor, to advise on the centre's prevention and development work.

The MOLSW officials receive directions on action and programme development and instigation from Bangkok, from their departmental superiors, to whom they report. Ideally, they also work in concert with officials from other ministries at the provincial level, but this is very much dependent on individual relationships and organisational structures. Thus, while each province produces an annual plan of government activities, this consists of a uncoordinated compilation rather than a locally-developed attempt to address local problems, so for example, there is no real mechanism for coordinating education and anti-child labour efforts at the provincial level between for example the Ministry of Education and the MOLSW. Further discussion of the problems current government structures create is included in Chapter 4.

(d) Monitoring Mechanisms

As discussed above, on a national level, the NCLPC has the responsibility for monitoring child labour abuses. On the scale of individual enterprises and abuses, there are regional structures which are discussed under 3.4(a) below.

Additionally, women's and children's rights activists have been working together to establish an ombudsman responsible for protecting the rights of women and children, particularly within the framework of CEDAW and CRC. A major national conference on this proposal was held in August 1997, at which it was agreed a Parliamentary Human Rights Commission, as an independent commission of parliament, operating independently of individual governments and continuing without change through changes in government, should be established. It would be responsible for monitoring abuses of women's rights and taking action to correct them, in part addressing existing legal problems which make it difficult for NGOs to take legal action on behalf of women or children or any group of people harmed by government or private sector actions or activities. There is considerable support for this proposal, but current uncertainties in Thai politics and the normal speed of creation of new structures in Thailand means it is likely to be at least several years before such an institution can be established.

3.2.4 Resource mobilisation

It is very difficult to quantify with any degree of completeness the level of resource allocation by government to all aspects of child labour. Recent significant increases in education budgets for example, are important in addressing issues of child labour, being associated with the move towards making nine years of schooling compulsory, but much of this money has also gone into areas of less relevance, such as pre-school education, and increasing technological levels in schools by purchase of computers, language laboratories and similar, generally in areas where children are not at serious risk or where they cannot be effectively utilised. Detailed budget breakdowns are not readily available, and anyway are not produced in a form that would allow isolation of projects likely to have a significant impact on child labour.

The fragmentary nature of other projects also makes it difficult to produce cumulative figures. For example, the government in 1996 introduced the "Loan for Education Fund" under the supervision of the Ministry of Finance, for which ($US120 million was allocated in 1996 and $US360 million in 1997). This is designed to provide loans to students from Grade Seven onwards to enable them to meet tuition and living expenses. It is difficult, however, to establish the level of disbursement of these funds, with complaints being voiced of difficulties in meeting bureaucratic requirements to access them, and many apparently being accessed by middle-class families to support higher education.These may also have been affected by recent government cutbacks.

The Ministry of Education through its Sema-Life Project in northern Thailand has provided from 1994 to 1996 11,500 scholarships to girls for secondary study, and small groups of scholarships for nurse, agricultural and child care training. Also under this programme is a reported $US24 million from the national lottery to aid female secondary school graduates to further their studies in vocational education. Other government structures with significant budget allocations impacting on child labour issues include the Department of Public Welfare, the Department of Vocational Education and individual universities and colleges.

The primary government allocation clearly directed towards child labour is in the MOLSW, to the Division of Women and Child Labour Protection, including the Child Protection Unit, and the Operational Centres to Assist Female and Child Labour Project. The operation plans for child labour received the following allocations:

1987 10,094,200 baht

1988 10,815,100 baht

1989 11,214,300 baht

1990 14,855,100 baht

1991 19,967,500 baht

1992 21,881,500 baht

1993 32,292,300 baht

1994 52,658,300 baht (including extraordinary capital expenditures)

1995 49,532,600 baht (Including extraordinary capital expenditures)

1996 26,922,400 baht

These allocations are spread throughout each province in Thailand, according to general formulas relating to the size and population of each province, rather than being particularly focused in problem areas, or being able to be allocated to trial pilot schemes or innovative new efforts in areas of local support.

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