Children in Thailand are engaged in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in dangerous tasks in Muay Thai fighting competitions for remuneration. (1-12) Thailand published the Thai language results of the National Working Children Survey of 2018, its first nationally representative survey of working children, conducted according to international standards in coordination with the ILO, which preliminarily found approximately 177,000 children engaged in child labor, of which a subset of 133,000 children are engaged in hazardous work. While the initial results demonstrate progress in the Government of Thailand's work to combat child labor, the CEACR noted the number of children engaged in child labor remains significant. (13,14) An official English translation of the 2018 survey results has not yet been published, and the analysis is awaiting final validation by the ILO. (13,15) Table 1 provides key indicators on children's work and education in Thailand.

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2020. (16)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 3 (MICS 3), 2005–2006. (17)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Thai children and children from Burma, Cambodia, and Laos are subjected to commercial sexual exploitation in Thai massage parlors, bars, karaoke lounges, hotels, and private residences. In addition, children are increasingly being individually lured by predators online through social media and private chat rooms, and being coerced to produce pornography and perform sexual acts. (4,5,30,32,38,39)

Incidents of child labor in the shrimp and seafood processing industry have decreased in recent years, but children, particularly migrants from the Greater Mekong Subregion, continue to engage in hazardous work in this industry. (4,18,40,41) Children engaged in shrimp and seafood processing work late hours cleaning and lifting heavy loads of seafood and experience health problems such as physical injuries and chronic diseases. (20,42) Similarly, children working in agriculture face health risks from lifting heavy loads, risks of injury from operating dangerous machinery and using sharp equipment, exposure to pesticides, sun, and heat, and long hours from very early in the morning until nighttime. (23) Thai and migrant children who accompany their parents working in the construction sector are exposed to child labor at and around construction sites, including performing construction work or working as caretakers for younger children or as housekeepers. (4,28,29,43)

Children, including those under 15, also participate for remuneration—in the form of prize money or wages—in Muay Thai competitions, an area of work in which there is evidence of serious head injuries, including brain hemorrhages and deteriorated nerve fibers around the brain stem. Additionally, research found that betting and illegal gambling on the outcome of children's matches occurs often during Muay Thai competitions. (2-4,6-12) The Royal Thai Government has began drafting its Boxing Act Amendment in 2018 in response to the death of a 13-year old boy participating in Muay Thai, but research has been unable to determine the types of changes the draft Boxing Act amendment proposes or what progress was made toward enacting this legislation in 2019. (4,44)

Although Order No. 28/2559 of the National Council for Peace and Order ensures 15 years of free education for all children in Thailand, language barriers cause some children, particularly migrants and ethnic minorities, to struggle to access basic education. (4,33,45) Although children without identity documents or a registered address cannot be denied enrollment in public schools, research found that there is a lack of clarity among school officials regarding the type of documentation non-Thai students need to possess to enroll in school, which may be a barrier to education access. (4,46,47) The government published an Education Ministerial Proclamation and the Guideline on Enrollment of Non-Thai Children to help clarify the rules and regulations pertaining to enrollment of children in school. (15,48,49) In addition, as school applications are only available in Thai, this may be a barrier for migrant and ethnic minority children's access to education. (4,44)

Thailand has ratified all key international conventions concerning child labor (Table 3).

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Thailand's legal framework to adequately protect children from the worst forms of child labor, including not meeting the international standard for the minimum age for work.

The Thai Government ratified ILO Convention 188 Work in Fishing Convention—the first country in Asia to do so—which came into force in January 2019 and requires that Thailand abide by international standards for work onboard fishing vessels, including child labor standards. Regulations related to the implementation of the 2019 Fishery Workers Protection Act have not yet been approved. (4,67,68) Further, an amendment to the 2008 Anti-Trafficking in Persons Law that took effect in April, separately criminalizes forced labor, including forced child labor. (59) No cases were filed under the amendment by the end of 2019 as the implementing regulations had not yet been enacted. (4)

The minimum age for work does not comply with international standards because the law does not grant protections to children working outside of employment relationships. In addition, because the minimum age for work is lower than the compulsory education age, some children may be encouraged to leave school before the completion of compulsory education. (50,51,66)

The types of hazardous work prohibited for children do not cover professional Muay Thai competitions, an area of work where there is evidence of exposure to serious physical injury. (2-4,6-12)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of the Ministry of Labor (MOL) and criminal law enforcement agencies that may hinder adequate enforcement of their child labor laws.

Even though the incidence of child labor law violations has decreased in the shrimp and seafood processing sectors, Thailand continues to closely monitor the industry for child labor through 32 Port In-Port Out (PIPO) Centers and 19 Forward Inspection Points (FIP) along the coasts. These Centers enforce laws related to fishing, forced labor, child labor, and human trafficking. (4,15,19,21,41,43)

Labor Law Enforcement

In 2019, labor law enforcement agencies in Thailand took actions to combat child labor (Table 6). However, gaps exist within the operations of the MOL that may hinder adequate labor law enforcement, including an insufficient number of labor inspectors.

In 2019, the government increased its labor inspectorate budget by more than $70,000. The number of labor inspections also increased in 2019 despite employing fewer inspectors, which the government remarked was a result of using fewer inspectors from agencies outside the MOL. (4) The government also hired 2 additional interpreters to assist labor inspectors, for a total of 126 interpreters. All labor inspectors are authorized to inspect and enforce child labor laws. (4,44) Nonetheless, the number of labor inspectors is likely still insufficient for the size of Thailand's workforce, which includes approximately 38.45 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in developing economies, Thailand would employ about 2,558 labor inspectors. (76,77) More than 94 percent of unannounced child labor inspections targeted high-risk worksites that employed children in the garment, shrimp and seafood processing, poultry and pig farming, services, auto repair, and construction sectors. In 2019, 32 child labor violations were found in high-risk worksites. (4) Inspectors who find a child labor violation must immediately assess a penalty on the employer and refer the case to the Royal Thai Police (RTP). (4) Research found that NGOs have recommended that the Royal Thai Government create a comprehensive standard operating procedure to refer and protect children rescued at night from child labor situations. NGOs suggest this standard operating procedure also include additional compensation for social workers providing care throughout the night. (4)

In 2019, the Command Center for Combating Illegal Fishing (CCCIF) organized a training for 184 new labor inspectors that included preventing child labor in the fishing industry. (4) The National Marine Preservation Act took effect in 2019, which established the Thai Maritime Enforcement Command Center (Thai-MECC) and granted Thai-MECC oversight authority over the CCCIF's PIPO and FIP operations. Thai-MECC has the authority and mandate to enforce Thai labor laws on fishing vessels—including stopping, searching, detaining, and arresting violators on vessels—within Thai waters or those fleeing to international waters. (4,5,15,68,78) The Department of Labor Protection and Welfare (DLPW) continued to use mobile inspection teams that consisted of labor inspectors, a legal affairs officer, interpreters, and sometimes employees from the Departments of Special Investigation; Employment; and Fisheries. These teams conducted targeted monthly child labor inspections using information shared by NGOs and child protection networks, and they are authorized to file criminal lawsuits when child labor violations are found. (23,45) In 2019, mobile inspection teams found 24 child labor violations, all of which were issued citations. (15) Although the CCCIF and the DLPW have made efforts to actively exchange information with NGOs, it is reported that the CCCIF and the DLPW have not made efforts to reach out to migrant community NGOs or networks to exchange information on high-risk workplaces or provide training on child labor issues. (23,44) The number of labor inspections conducted in agricultural and domestic work was insufficient due to labor inspectors' inability to physically access remote work places and inspector safety. (4,15)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Thailand took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including fully reporting criminal enforcement data.

† Data are from October 1, 2017, to September 30, 2018.

In 2019, the RTP investigated 100, and public prosecutors issued indictments in 71 cases against 66 alleged suspects for violations involving the worst forms of child labor. The RTP Anti-Trafficking in Person Division found 111 victims of child trafficking for the purposes of commercial sexual exploitation and production of child pornography, and an additional 141 individuals were prosecuted for other child labor-related crimes. (4,15,68) The Department of Juvenile Observations and Protection reported 2,314 cases of children involved in the narcotic production and trade. (4,68) During the reporting period, 343 RTP police investigators were trained on polices and laws and criminal investigative and prosecutorial techniques related to the worst forms of child labor. The Thailand Internet Crimes Against Children Taskforce and the Thailand Anti-Trafficking in Persons Taskforce collaborated closely with international law enforcement agencies and NGOs, including the National Center for Missing and Exploited Children, to identify and arrest suspects engaged in online child commercial sexual exploitation. (4,44,43)

Research indicates that there is a lack of understanding of the use of male children in commercial sexual exploitation among some provincial government and court officials due to the preconceived notion that boys are stronger than girls and should be able to defend themselves against perpetrators. In addition, there is no training provided to officials specifically covering victim assistance for boys. (15) Research found that some law enforcement officials may underreport human trafficking incidences for fear that reporting them would demonstrate law enforcement deficiencies. (5)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

The government has established policies that are consistent with relevant international standards on child labor (Table 9).

† Policy was approved during the reporting year.
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (23,85,86)

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of programs to address child labor in high-risk sectors.

* Project was launched during the reporting year.
† Program is funded by the Government of Thailand.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (44,68,79,91,92,96)

The lack of available research and data on the prevalence of child labor in high-risk sectors, such as agriculture, garment manufacturing, domestic work, and construction, makes it difficult for the Government of Thailand to design appropriate programs to address these issues. Migrant children are not eligible for Equal Education Fund—scholarships to support disadvantaged children's access to education—distributions, which increases their vulnerability to labor exploitation. (4,44,68) While access to education for migrant children has increased, some Migrant Learning Centers (MLCs) lack accreditation. (4,43,85) In 2019, the Ministry of Health launched the Health Service System Development to Rescue and Protect Against the Worst Forms of Child Labor training program. This training program helps educate public health workers to identify and refer child labor victims to the appropriate authorities and rehabilitation services. (4)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Thailand (Table 11).

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