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 1: Introduction
1.1. Study Aim
This study was prepared for the International Labour Organisation (ILO) with the aim of providing information and exploring and developing concepts to assist in the development of a policy instrument for ILO member states on the "best practices" for sustainable action against child labour. Considering progress over the past 15 years, with a particular focus on the last five years, it describes and seeks to assess the effectiveness and impact of measures taken in Thailand thus far, identifying the factors and conditions which have facilitated or hampered their implementation. Considering a variety of projects, programmes and policy approaches, it seeks to identify those which have "made a difference" in attitudes and practices of target groups, and to determine the essential elements or factors in their success, to provide guidelines for future policies and strategies.
Chapter 2 begins this report with a brief outline of the existing situation with regard to child labour in Thailand, considering the socio-economic context, trends and incidence of child labour, national legislation relating to child labour and Thailand's international commitments on the issue. Chapter 3 outlines existing policies and programmes to combat child labour in Thailand, focusing on analysing how they came into being, particularly the vital actors and factors which led to their development and activation, their degree of success and factors which have assisted or hampered their operation. (To allow concentration on analysis of policies and programmes, detailed information on individual policies and programmes is contained in Appendix III.)
Chapter 4 considers the institutions and actors, ranging from the grassroots to the national and international level, both public and private, involved in combating child labour, their key responsibilities and the degree of coordination of programmes and networking between them. Chapter 5 moves on to consider the impact of international action against child labour on Thai institutions and policies. Working from this information and analysis, Chapter 6 offers conclusions on the successes, deficiencies and problems in the current approach to combating child labour in Thailand, with recommendations on improvements which might be made to increase the effectiveness of policies and programmes. Finally, Chapter 7 identifies a set of indicators to be used to measure the success of existing and future programmes.
1.2. Research Team
Project Director: Senator Dr. Saisuree Chutikul
Dr. Saisuree was Minister for the Office of the Prime Minister, with responsibility for women, children, education and social development from 1992 to 1993, and has since 1994 has served as Adviser to the Office of the Prime Minister on Women, Children and Social Development, in which capacity she has supervised production of many Thai government publication on women's and child issues. She is currently the chairperson of the Senate Standing Committee on Women, Children and the Elderly. She was Secretary-General of the National Youth Bureau from 1983 to 1989. She was also the director of the project on National Policies, Perspective Plans and Programmes for Child Development, Youth Development and Women's Development, Gifted Children, Street Children and Children in Especially Difficult Circumstances.
Author: Ms. Natalie Bennett, Independent Researcher and Editor, Bangkok.
Ms. Bennett was the primary author of Thailand's Combined Second and Third Report of the Commission on the Elimination of Discrimination Against Women (1996) completed while working as an editor for the Thai Office of the National Commission on Women's Affairs. She was editor of the World Health Organisation Women's Health and Development Country Report, Thailand (1998), author of the Desk Study on Private Sector Involvement in Skill Development for the Asian Development Bank (1996), and rapporteur at the United Nations Development Programme Asia/Africa Forum on the Economic Empowerment of Women, Bangkok, July, 1997. She has a Bachelor of Arts, Hons. (Asian Studies) from the University of New England, Australia, and a Bachelor of Agricultural Science, Hons. from the University of Sydney.
Researchers: Ms. Chariya Khanthavit, Expert on Labour Protection Standards, Department of Labour Protection and Welfare
Ms. Khanthavit was the Director of the Labour Welfare Division in the Department of Labour Protection and Welfare from 1994 to 1997, after serving as the Director of the Woman and Child Labour Division from 1990 to 1994. She formerly had responsibility for IPEC in Thailand. She has been a consultant on labour administration for many organisations and was the author of Working Conditions for Special Service Girls, A Survey of the Bangkok Area (1992) and Thai Labour Administration and Globalization.
Ms. Rataya Kobsirikarn: Policy and Plan Analyst, Office of the National Commission on Women's Affairs, Office of the Prime Minister.
Ms Kobsirikarn has also been an assistant researcher on the project Child Labour in the Industrial Sector in Bangkok and Nearby, conducted by the National Committee on Health and Environment, National Commission on Women's Affairs, and worked on the Evaluation Report for Strengthening the Ministry of Labour and Social Welfare's Programme on Child Labour, 1995. She has a Master of Arts (Linguistics) from Chulalongkorn University.
Assistant Researchers:
From the Office of the National Commission on Women's Affairs, research assistance and translation was provided by Ms. Sirikul Intarapanich and Ms. Anusorn Inkampaeng.
1.3. Methodology
The research team began preparation of this report with a desk review, collecting from as many sources as possible relevant quantitative and qualitative information sources, in both Thai and English. A virtually complete list of this material is contained within the Bibliography (Appendix I), as it became obvious during this process that the distribution of this list may be of use to future researchers.
The desk review revealed that over the past decade considerable advances, particularly in the areas of legal provisions, government services and development of concerned NGOs, had been made in addressing child labour issues in Thailand. There was, however, little information on the work which produced these developments or analysis available to explain why it was successful. Additionally, it was clear that while descriptions of former and existing projects and implemented or proposed policy changes are fairly readily available, there has been very little effective monitoring and evaluation of the degree of effective implementation of policies or the success of projects. (This is a deficiency identified by many observers of Thai programmes in many social areas, not just child labour.)
It was obviously neither the role of this study, nor feasible, to conduct full, detailed, individual analysis of each of the many policies and projects addressing various aspects of the child labour issue in Thailand conducted by a huge range of agencies. Instead, the researchers sought to focus on detailed examination of a variety of policy and project approaches, identifying their degree of success or failure, and the barriers and supportive factors affecting them, through a series of detailed interviews with relevant individuals and institutional representatives. By this method, they aimed to identify the "best practices" for producing sustainable action against child labour in Thailand.
A selection of the projects surveyed are detailed in case studies in Appendix III. These were chosen with the aim of providing the reader with a picture of the current climate in Thailand in which the projects operate (so they include where possible case studies of individuals who may have been affected by them), some detailed information on the operation of the projects, measures of their impacts and an examination of the factors affecting their results.
After completing the desk review, the research team conducted a large number of interviews with high-level government and non-government representatives and target groups, including working children, parents, employers, trainers, teachers and researchers to collect data and inform its analysis. These individuals and groups were selected in consultation with IPEC staff in Bangkok, from the individual knowledge of the researchers and by recommendations from other interviewees. In most cases these interviews were conducted individually in the researchers' offices in Bangkok, but in some cases for logistical reasons group interviews were held.
The interviews were conducted in a loosely structured format. Researchers first briefly explained the nature of the research project. They then asked the interviewee to explain the project(s) addressing child labour issues in which they had been involved, focusing on their degree or success or failure, problems encountered and their possible or actual solutions. Interviewees were then asked to comment more broadly on their opinions on child labour issues in Thailand, the effectiveness of government and non-government activities to address them and any changes in direction or focus they would recommend. Finally, interviewees were offered a chance to make an comments they wished on any relevant topic, and asked to provide any documentation or material they felt might be of use to the researchers, including other possible interviewees. A list of the individuals consulted is included in Appendix V.
In order to ensure this report incorporated grass-roots views and perspectives, rather than only those of centralised authorities and individuals in the national capital Bangkok, the research team visited three provinces in which child labour, in different forms, is recognised as a particular problem; Sri Sa Ket (in north east Thailand), and Chiang Rai and Chiang Mai (in northern Thailand). These research visits aimed to obtain regional perspectives from areas recognised as significant sources of child labour. As Bangkok and surrounding areas are the primary areas for employment of child labour, relevant grassroots actors were able to be consulted there.
The format of this field research varied according to the availability of individuals, accessibility of organisations and recommendations of local officers. In Chiang Rai, one research team member attended, with an IPEC officer, a meeting and associated field trips conducted to discuss work on that province's development of a provincial plan on child labour. The team member was thus able to both view interactions between the organisations and workers, both government and non-government, in a working environment, as well as to individually question senior government and non-government workers on their projects. In Sri Sa Ket, the full research team was able to focus on the grassroots level, visiting several projects in the poorest area of the province and speaking with child workers, parents, village-level officials and teachers, as well as provincial labour officials. In Chiang Mai, members of the research team met in a group session with government and non-government workers developing the provincial child labour plan for a discussion which focused on work in that area, as well as detailed discussion of some projects in the province. The team then visited one education and training project, and spoke with child flower sellers in the streets of Chiang Mai city.
Additionally, IPEC Bangkok organised a very valuable IPEC Partners Meeting, at which representatives of IPEC partners involved in programmes to combat child labour met to discuss their achievements, the problems and obstacles encountered, and other lessons learnt in the battle against child labour in Thailand. This meeting produced recommendations for policy and action which considerably influenced the recommendations of this report.
Finally, after the preparation of the first draft of this report, a senior-level consultative meeting was held with representatives of major national institutions involved in combating child labour in Thailand. This was designed both to validate the conclusions of the research team, and to ensure the full involvement of those institutions as stake-holders in its conclusions, to promote adoption of its recommendations. It produced considerable recommendations on additional information sources and data, and was followed by a detailed consultation with IPEC-Bangkok to discuss its recommendations and necessary action.
Following the incorporation of this meeting's recommendations report, the final draft was prepared and forwarded to ILO-IPEC Bangkok and IPEC Geneva for comments and recommendations, which were included in this final version of the report.
1.4 Definitions and Terminology
1.4.1 Child Labour
The term "child" in this report will be used to refer to individuals under 18 years of age, in line with Thai and international norms. A number of categories of child employees can be identified in Thailand. The main categories of concern to this report, and to policies and programmes on child labour in Thailand, are outlined below. Because of differing legal situations, problems and policy challenges confronting each group, where relevant the targeted groups, problems and successes of programmes and policies will be considered separately for each group within this framework.
Most commonly, international discussions uses the term "child labour" to refer only to workers aged under 15. In Thailand, however, the term is more commonly used to refer to all children in employment, that is all employees under 18 years of age, and it is to that broader grouping that most projects are directed. That will thus be the definition used in this report. There are serious concern about many children aged from 15 to 18 working in inappropriate or dangerous conditions, including for example in the commercial sex industry.
The definition of "child labour" used in this report excludes individuals aged under 18 employed within the law and international standards. Where this group is being considered, the term "legal child workers" will be used. The term "child workers" will be used inclusively to cover all employees under the age of 18, that is both "legal child workers" and "child labour".
Many policies, programmes and projects in Thailand are in fact broadly targeted at "child workers", or at potential child workers, as for programme and project purposes it is difficult to separate children who are now "child labour" or at high risk of becoming victims of "child labour," from those who are or will become "legal child workers."
The "child labour" category can be further subdivided into the following groups.
(a) Children aged under 13 years. Thai law prohibits the employment of children younger than 13 years, so this group represents an area in which legal enforcement and action is most likely. This group may be broadly seen as fitting within the ILO definition of the "most intolerable forms of child labour," with regard to the employment of very young children.
(b) Children aged 13 to 15 employed within the current legal framework. Thai law now allows for the employment of this group in a restricted range of occupations, as outlined in Chapter 2, although it is hoped that in the very near future Thailand will enactment a new law to enforce the ILO standard of ending employment of children under 15 years. In expectation of this change in Thai law, a number of programmes and policies target this group, and this report will adopt international norms in considering such employment undesirable, and something to be eliminated.
(c) Children aged 13-15 and 15-18 employed in prohibited occupations or under conditions which do not meet standards set out under Thai labour law (which currently varies between the two groups) or who are employed in circumstances not covered by Thai law (for example as homeworkers or in agriculture) but who are working in conditions which present dangers to their physical, mental or moral health.
This is the primary group in Thailand which would meet the ILO definition of the "most intolerable forms of child labour." It most commonly includes:
(i) Bonded child labour, which usually occurs when parents or guardians receive advance wages for one or two years of a child's labour, a situation which occurs particularly within the commercial sex industry and in factories, usually those operating on a small-scale or informal basis;
(ii) Other forms of employment within the commercial sex industry, or in "high risk" employment which is likely to lead to future employment in the sex industry (such as in some forms of restaurants and entertainment places); and,
(iii) Other employment likely to be hazardous to physical or mental health, including activities involving chemicals, hazardous tools or machinery, heavy lifting, excessive noise or dust, excessive working hours or in situations where child workers are at high risk of physical abuse.
1.4.2. Groups Included
This report will consider the situation of all child labour in Thailand, whether the individuals involved are recognised Thai citizens (that is, eligible for full nationality and rights), of uncertain nationality (which includes some hill tribe groups with only limited effective rights), of foreign nationality (whether their status within Thailand is legal, quasi-legal or undocumented), or stateless.
1.4.3. Policies and Programmes
Following the Terms of Reference of this report, it will consider the term "policies" to refer to a publicly-expressed commitment by a public or private institution setting out its objectives and priorities. The primary policy of concern to this report is obviously the policy of the Thai government on child labour, as expressed by the Council of Ministers (the Cabinet) but it is recognised the individual non-government organisations (NGOs), companies in the private sector and government organisations may also have separate (and sometimes conflicting) policies.
The term "programme" will be used to refer to a comprehensive and coherent set of interventions in a range of strategic sectors, with different target groups, over a significant time frame. (As in Thailand many programmes operate on a five-year cycle related to that of the National Economic and Social Development Plans, this is a common time-frame for programmes, and longer programmes are rare.) "Project" will be used to describe a planned undertaking of one or more activities to achieve certain objectives within a relatively short period (from months up to two or three years). Where terms used by implementing institutions for particular policies, programmes or projects appear to conflict with the above definitions, the formal title of the particular item will be used in this report, but its conflict with the above definitions noted.
1.4.4. "Sustainability"
This report is concerned with establishing the best practices for "sustainable action" against child labour. Sustainability may be defined as the quality of a practice being able to continue beyond an initial phase into the medium and long-term as part of established, standard practice of the operating organisation. So for example, if a project is funded by an external source for a fixed period, if it will then receive recurrent funding and support from local sources to continue while it remains appropriate and effective it may be considered as sustainable. An associated concept is that of "mainstreaming," whereby a practice against child labour becomes standard in an agency or organisation not necessarily primarily or solely concerned with child labour issues. This is the primary approach which has been taken by the ILO/IPEC project in Thailand, in for example its promotion of training for labour inspectors which has encouraged them to concentrate on child labour issues while carrying out their normal inspection duties.
1.4.5 Specific National Terminology
The following definitions are provided particularly as references for international readers of this report, who may be unfamiliar with some common Thai terminology used.
(a) Hill tribes: This term refers to various ethnic minority groups, chiefly located in the north and west of Thailand in highland areas. As many of their home areas are remote and isolated, until recently many lived separately from the mainstream of Thai society, and they face considerable disadvantages, including linguistic, cultural and legal (relating often to an inability to prove Thai citizenship, or uncertain citizenship due to recent migration). Hill tribe children are at considerably higher risk of becoming child labour than children in the general Thai population, and the girls are at high risk of entering the commercial sex industry.
(b) Entertainment Places: This term refers to commercial enterprises such as bars, night clubs, tea houses and massage parlours, which are regulated by the Entertainment Places Act of 1966, which provides for their licencing and restricts their operation. It is illegal for children to work in such places, under the Act.
(c) Administrative divisions: Thailand is divided into 73 provinces, each of which has as its chief official a governor appointed by the Ministry of the Interior. Provinces are divided into amphoes, which in turn are sub-divided into tambons, each of which consists of a number of villages. Villages have elected heads, and following recent reforms some tambons are governed by elected councils, others still have appointed heads. The chief official in each amphoe is also appointed by the Ministry of the Interior.
(d) Buddhist Era: Many official Thai government documents date events by the Buddhist Era date, For example 1997 is B.E. 2540. Buddhist Era dates can be converted to Common Era dates by subtracting 543.
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