Book Review: Human Trafficking in Thailand: Current Issues, Trends, and the Role of the Thai Government

The Tragedy and Horror of Human Trafficking of Children and Youth

In the second decade after the creation of the anti-trafficking framework – which includes the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) – one fact is clear. The problem of human trafficking has not been eradicated and whilst policy-makers are still testing policy responses, reliable research and data on human trafficking is needed. The United Nations Office on Drugs and Crime (UNODC) explains that although 90 per cent of countries have introduced legislation criminalizing human trafficking since the Trafficking Protocol entered into force, the number of convictions globally has remained extremely low (UNODC Global Report, 2014, Preface, 1). In the same report it is asserted that “without robust criminal justice responses, human trafficking will remain a low-risk, high-profit activity for criminals”. Further the UNODC has released a series of Issue Papers on key aspects of the definition of trafficking in persons under the Trafficking Protocol which illustrate that different approaches to this crucial definition exist in various jurisdictions. The European Commission by contrast has adopted Directive 2011/36/EU on “Preventing and combating trafficking in human beings and protecting its victims”. The EU has a “comprehensive, integrated approach that focuses on human rights and on the victims of trafficking” (EU Strategy 2012-2016, 3), whilst at the same time recognizing the criminal justice context. The EU system encompasses two avenues for protection of trafficked persons; first the “trafficked victim” provisions for assistance and support laid down in Directive 2011/36/EU and secondly, the “international protection” route as asylum seeker or beneficiary of subsidiary protection provided by the EU Qualification Directive 2011 (Directive 2011/95/EU on “Standards for the qualification of third country nationals . . . as beneficiaries of international protection . . .”). Nevertheless, an evaluation of the success of the measures adopted in the EU, recognizes their practical limitations and effectiveness, especially in terms of data and identification of trafficked persons, see the European Migration Network Study (European Commission, EMN Study, 2014). This short collection contains articles from both researchers and the policy perspective, and from different countries and regions to assist in filling the gaps in understanding of the problem of human trafficking. It deals with the common issue of how to devise responses to the crime of human trafficking which protect trafficked persons from exploitation whilst at the same time responding to the broader objectives of the Trafficking Protocol. The collection includes articles on Mexico, Vietnam, the United Kingdom and the Netherlands, as well as from the Thailand-Burma border. It covers issues relating to trafficked children and persons trafficked for labour and sexual exploitation. It critically examines key requirements for devising a holistic response to human trafficking, which includes protection of trafficked persons. In 2012 the EU launched the EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016 (EU Strategy 2012-2016). It calls for Member States to adopt inter alia:

The purpose of this study is to contribute to the identification and understanding of what it means to be ‘taking into account the gender perspective, to strengthen the prevention of this crime and protection of the victims there-of’, as required in Article 1 of European Union (EU) Directive 2011/36/EU on Preventing and Combating Trafficking in Human Beings and Protecting its Victims in the context of the EU Strategy (COM(2012) 286 final) Towards the Eradication of Trafficking in Human Beings. The study contributes to Priority E Action 2 of the Strategy, which states that ‘the Commission will develop knowledge on the gender dimensions of human trafficking, including the gender consequences of the various forms of trafficking and potential differences in the vulnerability of men and women to victimisation and its impact on them.’ Its specific objectives and tasks are to address: the ‘gender dimension of vulnerability, recruitment, and victimisation’; ‘gender issues related to traffickers and to those creating demand’; and ‘an examination of law and policy responses on trafficking in human beings from a gender perspective’. The study addresses the five priorities of the EU Strategy: identifying, protecting, and assisting victims of traf-ficking; stepping up the prevention of trafficking in human beings; better law enforcement; enhanced coordination and cooperation among key actors and policy coherence; and increased knowledge of an effective response to emerging concerns. This study, according to its terms of reference, aims to look specifically at the gender dimension of trafficking for the purpose of sexual exploitation. This follows evidence from statistical data from Eurostat, as well as da-ta from The European Police Office (Europol) and the United Nations Office on Drugs and Crime (UNODC), accord-ing to which the most reported form of exploitation of victims is that of sexual exploitation and its strong gen-der dimension (96 % women and girls). It further addresses recommendations addressed in the Resolution of the European Parliament of 26 February 2014 on sexual exploitation and prostitution and its impact on gender equality (2013/2103(INI)) urging the European Commission to evaluate the impact that the European legal frame-work designed to eliminate trafficking for sexual exploitation has had to date and to undertake further research on patterns of prostitution, on human trafficking for the purpose of sexual exploitation and on the increased lev-el of sex tourism in the EU, with particular reference to minors, and to promote the exchange of best practices among the Member States. The study identifies and draws on EU law and policy competence in gender equality in its identification of the gen-der dimensions of trafficking. The gender dimensions are clustered into five issues: gender specificity and equal treatment; gender expertise, gender balance in decision-making and gender mainstreaming; the relationship be-tween prostitution and trafficking; gendered policy fields and strategic priorities; gendered systems and the the-ory of prevention.

In recent years interest in the issues of slavery and human trafficking has converged with the emergence of the concept of ‘modern slavery’. This thesis seeks to address the complex phenomenon of ‘modern slavery’ and analyse the effect it has on legislative responses to slavery and human trafficking, with a particular focus on the Modern Slavery Act 2015. It begins by locating the problem historically through its foundations in slavery and human trafficking and explores the incomplete nature of the abolition of the practices. These observations provide the context for analysis of the existing international anti-slavery and trafficking legal frameworks, the emergence of the concept of ‘modern slavery’ and the subsequent blurring of the legal boundaries between the practices. The complexity of the concept of ‘modern slavery’ is reflected in the variety of practices included within its scope and the lack of consensus among stakeholders concerning the meaning of the term. This thesis examines the phenomenon of ‘modern slavery’ and the conflation of human trafficking and slavery underneath the umbrella of ‘modern slavery’. It demonstrates that the shortcomings of the existing models of ‘modern slavery’ are themselves evident in the legal and policy responses to slavery and human trafficking. The overall effect of the uncritical use of the concept is a negative impact on potential victims of human trafficking and slavery, but also other exploitative practices. These observations are supported by doctrinal analysis of i) historical anti-slavery and trafficking movements ii) international frameworks and definitions of slavery and trafficking iii) existing academic literature examining the concept of ‘modern slavery’ and iiii) The Modern Slavery Act 2015. This thesis extends the existing literature by investigating how different conceptualisations of slavery impact the efficacy of anti-slavery legislation, specifically the Modern Slavery Act 2015. The thesis explores the disconnect between different sections of the literature of slavery and trafficking. The thesis argues in conclusion that the development of the concept of ‘modern slavery’ and the subsequent collapse of the legal boundaries between human trafficking and slavery has a potential threefold effect, which limits the utility of current anti-slavery/trafficking legal and policy responses.

The background of this study is that penalization is not only oriented towards the perpetrators of crimes of trafficking in persons but also oriented to the interests of victims and the community so that criminal justice aims to integrally protect various interests. The study aims to identify the punishment of criminals of trafficking in persons based on the interests of victims in Indonesian court practices as outlined by some regulations and the international community as outlined by the United Nations Office on Drugs and Crime (UNODC) and United Nations Convention Against Transnational Organized Crime (UNTOC). Considering that the study is a transnational crime, the point of view used in this study is clear to analyse the perspective of the national community and the ‎international community. Hence, the standard ‎measuring instrument used the perspective of international justice and its practical implementation by the Indonesian court. By using the library research method, the results showed that trafficking crimes are considered serious crimes by the international community. In regulating human trafficking, every country has laws regarding trafficking crimes by the applicable legal system. The theoretical contribution of this study is that each human trafficking crime case has different characteristics due to the condition of the perpetrator, the victim, the situation when the trafficking crime was committed. Therefore, as a practical contribution, the Indonesian court considers these factors which can be considered as a weighting or a reduction in sentence. The problem is incriminating and mitigating factors that must be considered in imposing penalties against traffickers. The study offers originality in investigating the factors which are burdensome and mitigate in imposing crimes against traffickers. The findings underline the principle of criminalization as the basis for imposing penalties on perpetrators of trafficking in persons by taking into account the factors of weighting and mitigation of punishment, in which the proportional principle takes precedence in addition to the other principles.

In Thailand, predators use online and offline methods to exploit migrant children as forced labourers in various industries, including shrimp and seafood processing, construction and agriculture. This study examines the current status of online child trafficking and considers how the communication for development (C4D) approach can be utilised to prevent these crimes. This study reviews papers and reports published in Thailand and abroad on online child and human trafficking, prevention methods and C4D. Moreover, the study used purposive sampling and interviewed Thai government officials and representatives from non-government organisations (NGOs) with expertise in migration issues. The findings reveal that human traffickers deceive migrant children into online child labour and trafficking through unregulated online channels. However, the Thai government has collaborated with local and international NGOs to apply C4D to reach out to children seeking employment in safe online spaces to prevent child trafficking. This paper argues that C4D is helpful for raising public awareness of the threats posed by human trafficking. Simultaneously, specific labour groups employ C4D Plus, which may be applicable in the prevention of online child trafficking.

The new un trafficking protocol

Since Vietnam's advances in “capitalist globalisation” in the late 1980s, it is argued to have become a source and destination country of trafficking in men, women and children. Considered a global problem, human trafficking draws together an array of national and international actors, governing logics and practices in its global governance. This article examines how, in the prevention of trafficking in women and children in Vietnam, a global neoliberal governance logic converged with socialism. Specifically, it focuses on one site where this can be seen playing out, namely in the attempt to prevent trafficking in women and children in the Mekong Delta area in the mid-2000s. The article draws particular attention to the affective economies at play in the discursive regimes of Vietnamese femininity deployed to prevent the trafficking of women and girls. It thereby complements a Foucauldian reading of governance with Ahmed's work on the cultural politics of emotions.

Crime doubtlessly represents the 'other' or 'dark' side of globalisation. The ever increasing list of transnational crimes includes terrorism; drugs and arms trafficking; the smuggling and trafficking of women and children for sexual exploitation and prostitution, as well as that of immigrants, antiquities and endangered species; corruption and state crimes; cybercrime and the theft of intellectual property.1 These crimes require a certain level of organisation, just like any other global business, and transnational crimes therefore fall under the rubric of organised crime. A recent report by the United Nations Office on Drugs and Crime (UNODC) rates transnational organised crime as an extremely serious threat that affects all Member States and considers it "one of the world's most sophisticated and profitable businesses".2 Illegal transactions thus shadow the 'bright side' of globalisation, with its enormous opportunities for exchange, trade, communication, and business. As illegal entrepreneurs take advantage of these opportunities, organised and transnational crime is expected to overtake the legal global economy in terms of growth. Transnational organised crime also thrives on the "inability of the criminal law to globalize"3 and generate global and transnational instruments of crime control and criminal justice. Criminal justice systems are entrenched in the nation state and operate locally rather than across borders, and consequently the UNODC report states that "purely national responses are inadequate".4

Human Trafficking is a non-traditional security issue that is of particular concern for the Southeast Asian region. Thailand is the country that is most highlighted for this case, especially in sexual exploitation in the form of prostitution. Prostitution in Thailand is even included in the category of tourism for foreign tourists. This prostitution tourism contributes 60% of the country's income for the tourism sector, exceeding half of tourism income. Prostitution tourism is certainly very closely related to human trafficking, as can be seen in commercial sex workers (CSWs) who are mostly minors and women. The deep-rooted culture is a trigger for the rise of CSWs who mostly come from rural communities. The culture that comes from Buddhism as the largest teaching in Thailand is "returning favors", namely that children are obliged to help the family economy. This study uses a descriptive qualitative research method with a library research data collection technique to see the problem of human trafficking in Thailand with a constructivist approach. The results of the study will discuss human trafficking in Thailand, local culture that has an impact on the problem of human trafficking, and international responses to this problem. With this understanding, it is hoped that we will be able to see the problem of human trafficking from a social and normative perspective, which has so far only focused on international cooperation and law enforcement.

Human trafficking has spread across the global and ASEAN regions, including Thailand as the one of members which has several forms of human trafficking. The study found that human trafficking of the Rohingya minority in the southern area has a unique aspect, from the growth of its organization, the process and the enormous volume of income it generates. Aims: This research has explored the roots of human trafficking issues in southern Thailand using case studies of the Rohingya ethnic minority. Research has also searched the connection of Social Security and human trafficking, which can provide solutions in the southern area. There is still no empirical research available about the Rohingya minority’s association with human trafficking issues in the south of Thailand. Qualitative research with in-depth interviews of experienced victims, experts and senior officials was carried out. Place and duration of the study is southern Thailand, from June 2016 to July 2019.
 Human trafficking has spread across the global and ASEAN regions, including Thailand as the one of members which has several forms of human trafficking. The study found that human trafficking of the Rohingya minority in the southern area has a unique aspect, from the growth of its organization, the process and the enormous volume of income it generates. Aims: This research has explored the roots of human trafficking issues in southern Thailand using case studies of the Rohingya ethnic minority. Research has also searched the connection of Social Security and human trafficking, which can provide solutions in the southern area. There is still no empirical research available about the Rohingya minority’s association with human trafficking issues in the south of Thailand. Qualitative research with in-depth interviews of experienced victims, experts and senior officials was carried out. Place and duration of the study is southern Thailand, from June 2016 to July 2019.
 The data collection process involved interviews with a semi-private structure and interviews of 19 Rohingya people, law enforcement officers and high‐level security officer, which found that the staff engaged in combatting trafficking had a problem in their knowledge of human trafficking crimes. The problem is they are not aware of Thai transnational crime organizations and their impact on the human rights of people and communities in the southern provinces. Results from the research show a significant key to assisting policy and law enforcement authorities, and also provide alternatives that can help protect people such as Rohingyas and to conduct litigation for those who seek justice. The discovery also builds trust in the Thai government to adjust the application of policy through the theory of security and organized crime related to human trafficking of the Rohingya ethnic minority, and to form up suggestions for policy‐makers that can be used to deal with human trafficking problem in the southern Thailand region.

The Transnational Illegal Market of Trafficking in Human Beings – Actors and Discourses: A Transatlantic Comparison

Human trafficking legislation and policy have increasingly been developed in jurisdictions across the world since being defined in the United Nations Convention Against Transnational Organized Crime in 2000. In this context, the UK Modern Slavery Act 2015 sought to distinguish the actions of the UK with the then Prime Minister, Theresa May claiming that the legislation would ‘lead the way in defeating modern slavery and preserving the freedoms and values that have defined our country for generations’ (May, in Defeating modern slavery, 2016). International coordination and engagement are an important component of the UK Modern Slavery Strategy, to support other countries in the development of their national legislation. Taken together these mechanisms contribute to a mode of global policymaking through transnational policy communities. Drawing on primary research with people involved in policy development from ten Commonwealth countries, this article identifies the opportunities and limitations of policy making within this space. The domination of the global north in human trafficking policy casts a particular view of the problem of human trafficking that creates barriers to recognising or acknowledging traditions or customs which can embed exploitation and fails to understand the impact of anti-slavery policy narratives that are interpreted through colonial legacies. In this context, although global governance cooperation between countries around modern slavery can be significant, it faces many challenges, not least the practicalities and the aptness of the UK’s leading role in international anti-trafficking and anti-slavery policymaking, which this paper questions.

The Government of India has collaborated with the United Nations Office on Drugs and Crime (UNODC) and started a project to strengthen its existing anti-human trafficking enforcement mechanism in April 2016 with a purpose of raising awareness, imparting training and building capacity among the law enforcement personnel. Under this project, the union Ministry of Home Affairs (MHA) paves the way for the establishment of Anti-Human Trafficking Units (AHTUs) within the State police departments to curb human trafficking. AHTUs started a National Mission Mode Project against all forms of human trafficking in India by integrating all associated stakeholders, such as, police, prosecution officers, civil society etc. It became the primary agency to investigate cases of human trafficking. According to the National Crime Records Bureau (NCRB), by the end of year 2021, 768 AHTUs were functional in 270 districts in India. This study analyses the metadata reported by NCRB in their ‘Crime in India Report’ from 2016-2021and found that the conviction rate is too low to make any difference in combatting human trafficking effectively.

Human Trafficking is modern slavery. Its size, global scope, and potential to threaten national security warrants appropriate Department of Defense attention. However, the existing U.S. government institutions tasked to respond to Human Trafficking fail to account for the Department of Defense as an effective partner in addressing this global blight. This monograph asks whether the United States Special Operations Command (USSOCOM) has a role in addressing Human Trafficking. Human Trafficking mimics and compliments other illicit activities that destabilizes regions and creates environmental opportunities for violent extremist organizations. Activities such as illicit arms trafficking and narco-terrorism are known to destabilize regions, and have some causal links to violent extremist organizations. USSOCOM currently addresses those particular illicit activities operationally through the Theater Special Operations Commands (TSOCs); however, USSOCOM does not appear to address human trafficking. Tasked to synchronize global efforts to counter violent extremist organizations, U.S. Special Operations command is in a unique position to address Human Trafficking, as a compliment to existing U.S. government efforts to counter human trafficking. Using a most similar systems design methodology, the monograph compares two illicit activities with human trafficking, in order to demonstrate the necessity for USSOCOM attention. This monograph posits that USSOCOM should address human trafficking to augment existing U.S. Government efforts. Specifically, USSOCOM may use a similar operational approach taken to counter narco-terrorism, as well as increased intelligence synchronization with the U.S. Department of State Human Smuggling and Trafficking Center.