Human Trafficking Problem in Thailand - Research Paper Example

Running head: HUMAN TRAFFICKING IN THAILAND Thailand’s Sex Trade Human trafficking is a major problem in Thailand, and the Royal Thai Government enacted several anti – trafficking laws to fight this problem. In the year 1985 it enacted the CEDAW, and in 1997 it passed the Measures in Prevention and Suppression of Trafficking in Women and Children Act. These legislative initiatives render it illegal to prosecute women for having been trafficked, in theory. However, these provisions are not applied to migrants, because of the extant immigration laws (Kelly). In order to prevent the operation of this patently unjust policy, the NGOs operating in the region entered into an MOU with the police force of Thailand. Under this MOU, trafficked Thai women and children are to be accorded humane treatment, while being repatriated and are to be deemed to be victims of trafficking. The assistance of the NGOs is to be availed of in this exercise. However, the local police authorities have time and again resisted this agreement. (Kelly). Furthermore, Thailand had enacted laws to prosecute persons who run brothels, customers of child prostitutes, and police officers and government officials involved in such activities. Thailand is beset with child sexual abuse and immoral trafficking. Many organizations of local and US origin are actively involved in bringing this evil to an end. One such organization is the Project Hope International of the US, which has shown considerable interest in understanding and preventing the sex trade of Thailand. Over a period of more than 3 decades, there has been a steady decrease in the number of Thai females in the sex trade. However, the influx of women and girls from the Mekong, foreign countries and the hill tribes of Northern Thailand, into the sex trade has increased (Arnold & Bertone, March 2002). Thailand passed two important legislations to fight human trafficking; namely the Prostitution Prevention and Suppression Act B.E. 2539 (1996), and the Measures in Prevention and Suppression of Trafficking in Women and Children Act B.E. 2540 (1997). It has the distinction of being the first nation to respond to the problem of trafficking in humans. Nevertheless, it faces several problems in effectively implementing and enforcing the new laws (Thailand Best Practices, 2006). In 1999, Thailand passed an Anti – Money Laundering law. This piece of legislation empowers the enforcement officials to impound the properties and assets of individuals convicted of the crime of human trafficking. It also permits the confiscation of assets of individuals convicted of engaging in the business of prostitution (Thailand Best Practices, 2006). In Thailand, illegal immigrants had been precluded from accessing legal counsel or health care, on being arrested. Similarly, the provisions made available by the UNHCR were not applicable to female illegal migrants. The Thai government realized the inherent injustice in this situation and initiated several measures to assist the persons detained by the enforcement authorities. Furthermore, serious attempts were made to restructure the existing police procedures relating to detained trafficked persons. Accordingly, several Memoranda of Understanding (MOU) between governmental agencies that deal with the trafficking problem. Moreover, quite a few MOUs were signed between the Government and Non Governmental Organizations. These efforts were aimed at finding solutions to the problem of trafficking. These endeavors had also aimed at classifying such persons as victims of trafficking, instead of illegal immigrants (Thailand Best Practices, 2006). Thailand and Cambodia signed an MOU in 2003, in order to prevent human trafficking. A similar initiative between Thailand and Laos was in the offing. This is of great importance, because a large number of people are trafficked from Laos into Thailand. The other neighboring countries, from which victims are trafficked into Thailand, are Myanmar, Vietnam and China. All these countries are to sign a similar MOU with Thailand to prevent human trafficking (Thailand Best Practices, 2006). The MOU stipulates that victims of trafficking should not be deported. Instead, such individuals have to be taken care of by the Department of Social Development and Welfare. In practice, this MOU was implemented in a haphazard manner, on account of practical problems, such as lack of proper infrastructure for imparting the relevant training to police authorities and their lack of legal knowledge (Thailand Best Practices, 2006). The US has also enacted stringent laws to counter the human trafficking problem. The Trafficking Victims Protection Act of 2000 (TVPA) is one such law. It promotes effective anti –trafficking measures to curb human trafficking. This act was amended in December 2008. The objective of this piece of legislation is to inflict severe punishment on traffickers. It also seeks to protect the victims of human trafficking, and prevent it recurrence. Human trafficking is a modern form of slavery, and the US Government has clearly indicated its commitment to totally eradicate the trafficking in humans (Clinton, 2009). In the US, the TVPA promotes the basic standards necessary to abolish human trafficking; and other nations beset with this problem, can adopt these standards.The efforts made by various nations, interested in preventing human trafficking, are assessed with the help of the TIP Report. This report establishes a three tier system, consisting of prosecution, protection and prevention. However, victim oriented approaches depend on the three R’s policy; namely, rescue, rehabilitation and reintegration (Clinton, 2009). Whatever the form, governments will have to adopt these standardized practices to free the victims and integrate them into the mainstream of the society. Moreover, these practices help the government to prevent human trafficking. Cambodia, China, Laos, Myanmar, Thailand and Vietnam comprise the countries of the Mekong region. This region is notorious for the proliferation of HIV/AIDS. This problem is extremely severe in Thailand and Myanmar. Unlike the other nations of the Mekong, Thailand has addressed this problem by adopting extensive and complex strategies (Bain, December 1998). The Chinese have of late, concentrated on their mammoth HIV/AIDS problem. However, there is much that is lacking in the Chinese initiatives. Measures to tackle HIV/AIDS and migration at the national level are inadequate and regional cooperation in this context is conspicuous by its absence (Bain, December 1998). This poses a great danger to the neighboring countries, especially Thailand, which is inundated by illegal migrants from its neighboring states. The gravity of this situation has been mitigated to some extent by the advent of several aid organizations, NGOs and academic institutions, which have formulated a number of projects to curb this menace. One such initiative is the AIDS Control and Prevention Project (AIDSCAP). It examines the river trading routes on the Thai – Lao border, for illegal migration and spread of HIV/AIDS (Bain, December 1998). Another such project has been established by the Asian Research Centre for Migration (ARCM) at the Chulalongkhorn University in Thailand. This project had examined issues pertaining to migrant fishermen from six countries, Myanmar’s female migrants to Thailand, and the effect of infrastructure and transport development on the inter country routes (Bain, December 1998). Furthermore, the Coordination of Action Research on AIDS and Mobility (CARAM) conducts wide ranging studies and action projects that concentrate on several countries in South East Asia. This endeavor was a joint venture of the Free University of Amsterdam and Tenaganita, a Malaysian NGO (Bain, December 1998). Thailand has taken the lead in the Mekong, and it conducts several research projects and interventions. The 1990s saw illegal economic immigration, on an unprecedented scale into Thailand. The main constituents of this illegal influx were people from Myanmar, and Chinese nationals. It has been estimated that a million guest workers, visit Thailand every year. The HIV/AIDS epidemic has been longstanding in Thailand; moreover, Thai society is distinguished by transparency and a significantly high level of economic development (Bain, December 1998). Consequently, Thailand boasts of the best research approach and research capability, amongst the Mekong nations. It is the men who have designed the sexual culture of Thailand. It has been in existence from generations, and with the penchant of the law enforcement officials to turn a Nelson’s eye to this malady, the red light districts of Bangkok have attained notoriety at the international level. It has been estimated by the International Labor Organization (ILO) that 12 million people are subjected to sexual servitude or forced labor. 50% of those trafficked are not adults and a mere 20% are males, the rest being females (Davidson, 11 August, 2009). Most of these trafficked individuals are employed in commercial sex. Realizing that human trafficking had assumed alarming proportions at the international level, the US has taken adopted some measures to curb it. For instance, Congress ratified the anti trafficking act in the years 2001, 2003 and 2005. The 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA), served to further empower the US government, in its relentless battle against trafficking (Davidson, 11 August, 2009). At the international level, the TVPRA provides for the submission of the Trafficking in Persons Report by the different countries, and this is expected to enhance the war against slavery. An annual publication is to be made available, which will assess the progress made by each country. There are also several provisions for taking punitive action against states that infringe anti trafficking laws (Davidson, 11 August, 2009). Within the US, the TVPRA enhances the punishment for those human traffickers, whilst providing improved protection to the victims of trafficking. In this connection, the Department of Health and Human Services implements the Rescue and Restore program, which entails the rescue of trafficking victims by law enforcement agencies. Thereafter, these law enforcement agencies are provided with the necessary resources to engender the welfare and safety of these victims (Davidson, 11 August, 2009). The Rescue and Restore program is actively supported by nongovernmental service providers. Nevertheless, shortage of funds for housing victims of trafficking and failure to provide them with access to competent social workers, has resulted in many instances, to the dismal situation of these victims, once again coming into the clutches of the traffickers. It has been contended by the opponents of the TVPRA that better opportunities should be made available to the victims to attain economic self sufficiency (Davidson, 11 August, 2009). One has to recognize the fact that economic susceptibility is one of the major causes for human trafficking to transpire. The 2008 law had several provisions that required the safe repatriation of unaccompanied children, to their country of origin. However, if such children are in danger of being again trafficked or prosecuted, on their return home, such repatriation is not to be conducted. The TVPRA constitutes a major development in anti trafficking initiatives. All the same, this endeavor requires, significantly greater funding. Furthermore, the church could lend a helping hand in reducing the demand for the sex trade, by making efforts to tackle gender inequality, disregard for human dignity and international poverty (Davidson, 11 August, 2009). It is the firm belief of the US government that human trafficking and sex work are interlinked. This has been shown in the Trafficking in Persons (TIP) report of 2005, which states that the legalizing or tolerance of prostitution promotes human trafficking. In addition, this attitude invariably results in the enhancement of the number of children and women in commercial sexual slavery. This contention was shown to be fallacious, by citing the example of Australia, Netherlands and Germany, where prostitution is not illegal, and where the TIP report had shown appreciation (Singh & Hart, March 2007). It is the politics involved in morality, and not what is experienced by sex workers and trafficked persons, which results in such generalizations. The International Justice Mission (IJM), an NGO located in the US, has been praised in the media for its successful efforts in rescuing the victims of human trafficking and sexual exploitation in Thailand. However, many NGOs, located in Thailand are skeptical of the tactics employed by the IJM and the outcome of their efforts (Singh & Hart, March 2007). It is essential to prevent the re trafficking of a person who has been rescued. In addition, it is imperative to address the necessities of such victims. Experienced experts in the field of rehabilitation of human trafficked victims, such as Sanphasit Koompraphant have emphasized the need to work with a trafficking victim, prior to effecting a rescue. Such experts have accused the IJM of failing to adopt this essential measure (Singh & Hart, March 2007). The erstwhile Bush administration had provided ample funds to Christian organizations, such as the IJM that adopted a Christian perspective to their actions. These organizations subscribe to a view of justice that does not conform to what the indigenous NGOs and the sex workers believe in (Singh & Hart, March 2007). It has been contended by some persons that prostitution should not be legalized, because it endangers women’s rights, threatens human decency and reduces the female body to the commercial level. However, there are others who strongly assert that such legalization would promote and ensure women’s rights by making social security and labor laws applicable to commercial sex. It would also enable sex workers to unite and fight for their rights. The commercial activity of sex workers generates much needed income for these individuals and their dependents. In the words of Steinfatt, the rejection of such commercial activity would only serve to deprive millions of women, all over the world, the economic and social wherewithal to provide for their offspring and families. What is required is better legislation at the domestic and international level, to control human trafficking (Singh & Hart, March 2007). The US Department of State sanctioned financial aid to the tune of 38 million baht to Thailand, in the year 2003. This was to enable the latter to combat the problem of Human Trafficking. This financial assistance was of immense help to the Royal Thai Government, in its battle against the trafficking problem. The government received 13,060,000 baht of this aid and the NGOs 24,980,600 baht. The Government has to utilize this aid for imparting training to police personnel, regarding human trafficking (Thailand Best Practices, 2006). In addition, the purpose of this financial assistance is to instruct police officers about criminal procedures and the importance of human rights. The rights of the victims have to be honored and the police have to change their approach towards victims, whilst ensuring that traffickers are detained and prosecuted. Moreover, the functioning of the police forces, prosecutors, NGOs, social workers, and medical professionals has to be improved, so that human trafficking is put down with a firm hand, and the victims of trafficking are accorded protection (Thailand Best Practices, 2006). In addition to these efforts, the International Law Enforcement Agency (ILEA) is striving hard to strengthen regional cooperation in the Southeast Asian region, with regard to preventing cross border crimes, like drug and human trafficking, smuggling, and financial crimes. Furthermore, this agency provides the relevant management techniques and skills to criminal investigators. It does this by means of various curricula that are targeted at criminal justice managers. Effective law enforcement and cooperation between the member states of the ASEAN constitute the fundamental objectives of the ILEA. Moreover, there are several agencies of the United Nations working in Thailand, in order to tackle the various facets of human trafficking (Thailand Best Practices, 2006). Trafficking in humans is an international problem, and there are several aspects involved in it. It is undoubtedly a crime that deprives its victims of their human rights. The number of such groups is on the increase. Moreover, trafficking hinders development and enhances poverty in the regions where it is endemic. The victims of human trafficking are subjected to physical abuse, and the females are frequently raped by their masters. They are vulnerable to emotional and psychological problems, which are at times sufficiently severe to cause their death. Human trafficking is perpetrated by organized crime syndicates that operate at the international level. Human trafficking not only affects individual victims, but also damages national health, safety and the security of the nations, in which it prevails. Several nations have made determined efforts to eradicate this and heinous crime. List of References Arnold, C., & Bertone, A. M. (March 2002). Addressing the Sex Trade in Thailand: Some Lessons Learned from NGOs. Part I. Gender Issues , Vol. 20, Number. 1, p. 26. Bain, I. (December 1998). South-East Asia . International Migration , Volume 36, Number 4, p. 553. Clinton, H. R. (2009). Trafficking in Persons Report on Laos - 2009. Retrieved August 28, 2009, from http://laos.usembassy.gov/trafficking_in_person_report.html Davidson, B. (11 August, 2009). Bound to the sex trade . Christian Century , Vol. 126 Iss. 16, pp. 22-25. Kelly, J. (n.d.). On the wrong side of Development: Human Trafficking for the Sex Trade along the Thai-Burmese Border. Retrieved August 28, 2009, from Journal of Development and Social Transformation: http://www.maxwell.syr.edu/moynihan/programs/dev/Journal%20Files/pdfs/kelly2.pdf Singh, J. P., & Hart, S. (March 2007). Sex Workers and Cultural Policy: Mapping the Issues and Actors in Thailand. A Review of Policy Research , Vol. 24, Iss. 2, p. 167. Thailand Best Practices. (2006). Retrieved August 28, 2009, from http://www.humantrafficking.org/countries/thailand/best_practices Read More