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Combating Human Trafficking of Irregular Migrant Workers in Thailand: Towards Safe Labour Migration

Cheevapanich, Sopit (2009)
Department of Law
Abstract
Due to the globalization with free labour transfer, migrant workers are unavoidably the most targeted group for human trafficking business. Trafficking in persons is a global issue because of its engagement with the international organized crime. Apart from that, as the Protocol on Trafficking in Persons has been in force since 2003, States have turned their attention to the issue and many of them have amended the law or adopted the new laws to be in line with the Protocol. However, the supervisory of the ILO has long been monitoring human trafficking through the reporting mechanism under Article 22 of the ILO Constitution, especially via Convention 29 and 105 regarding Forced or Compulsory Labour and the recent Convention No. 182... (More)
Due to the globalization with free labour transfer, migrant workers are unavoidably the most targeted group for human trafficking business. Trafficking in persons is a global issue because of its engagement with the international organized crime. Apart from that, as the Protocol on Trafficking in Persons has been in force since 2003, States have turned their attention to the issue and many of them have amended the law or adopted the new laws to be in line with the Protocol. However, the supervisory of the ILO has long been monitoring human trafficking through the reporting mechanism under Article 22 of the ILO Constitution, especially via Convention 29 and 105 regarding Forced or Compulsory Labour and the recent Convention No. 182 regarding the Worst Forms of Child Labour. At the same time, the issue has been monitoring through the reporting mechanism of the international human rights treaties. Thailand is a destination country for labour migration in the South-East Asia countries. There are presently around two millions migrant workers mostly from Myanmar living and working in Thailand&semic most of them are in irregular status. Migrant workers, especially those who lack of legal status, are at high risk to become victims of human trafficking. The research aims to study the vulnerabilities of migrant workers in Thailand to become trafficked victims, the applicable legal framework in term of the prevention and protection and the international standards related to trafficking of migrant workers. Concerning legal framework, the research has revealed that not only is the effective law enforcement urgently needed to tackle human trafficking problem in Thailand (laws are enough), but the labour management system/policies toward migrant workers needs to be changed to suppress human trafficking as well as respect human rights of all migrant workers. With this respect, some standards of the ILO related to labour management are proved to be useful. Besides, the research has found that comments and advice of the ILO and UN experts to the Government of Thailand are very useful to guide the Government. However, Thailand has neither submitted their reports in time nor fully taken the expert's comments into account. Consequently, the thesis will at the end proposes some recommendations to the Government of Thailand in order to fill the gaps of existing laws and practices to combat human trafficking especially migrant workers in irregular status in Thailand. (Less)
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author
Cheevapanich, Sopit
supervisor
organization
year
type
H2 - Master's Degree (Two Years)
subject
keywords
International Human Rights Law and International Labour Rights
language
English
id
1555433
date added to LUP
2010-03-08 15:23:50
date last changed
2010-03-08 15:23:50
@misc{1555433,
  abstract     = {Due to the globalization with free labour transfer, migrant workers are unavoidably the most targeted group for human trafficking business. Trafficking in persons is a global issue because of its engagement with the international organized crime. Apart from that, as the Protocol on Trafficking in Persons has been in force since 2003, States have turned their attention to the issue and many of them have amended the law or adopted the new laws to be in line with the Protocol. However, the supervisory of the ILO has long been monitoring human trafficking through the reporting mechanism under Article 22 of the ILO Constitution, especially via Convention 29 and 105 regarding Forced or Compulsory Labour and the recent Convention No. 182 regarding the Worst Forms of Child Labour. At the same time, the issue has been monitoring through the reporting mechanism of the international human rights treaties. Thailand is a destination country for labour migration in the South-East Asia countries. There are presently around two millions migrant workers mostly from Myanmar living and working in Thailand&semic most of them are in irregular status. Migrant workers, especially those who lack of legal status, are at high risk to become victims of human trafficking. The research aims to study the vulnerabilities of migrant workers in Thailand to become trafficked victims, the applicable legal framework in term of the prevention and protection and the international standards related to trafficking of migrant workers. Concerning legal framework, the research has revealed that not only is the effective law enforcement urgently needed to tackle human trafficking problem in Thailand (laws are enough), but the labour management system/policies toward migrant workers needs to be changed to suppress human trafficking as well as respect human rights of all migrant workers. With this respect, some standards of the ILO related to labour management are proved to be useful. Besides, the research has found that comments and advice of the ILO and UN experts to the Government of Thailand are very useful to guide the Government. However, Thailand has neither submitted their reports in time nor fully taken the expert's comments into account. Consequently, the thesis will at the end proposes some recommendations to the Government of Thailand in order to fill the gaps of existing laws and practices to combat human trafficking especially migrant workers in irregular status in Thailand.},
  author       = {Cheevapanich, Sopit},
  keyword      = {International Human Rights Law and International Labour Rights},
  language     = {eng},
  note         = {Student Paper},
  title        = {Combating Human Trafficking of Irregular Migrant Workers in Thailand: Towards Safe Labour Migration},
  year         = {2009},
}