The Labour Ministry is drafting a new law to better protect workers against forced labour and plug the gap in state efforts to combat human trafficking.
The bill was largely supported in a recent seminar on the prevention and suppression of forced labour, though some suggested authorities should enforce existing laws more strictly, rather than introduce new measures.
Wilaiwan Kownkeawpring, director of the International Labour Standards Group under the Labour Ministry, insisted the bill is needed because the Anti-Trafficking in Persons Act does not directly deal with wrongdoings related to forced labour.
She said the bill is a complete set of legal measures empowering authorities to “protect workers, rehabilitate victims and impose punishments”.
At present, if employees quarrel with their bosses over bad working conditions, the disputes can be settled under the Labour Protection Act if a mutual agreement is reached on an amount of compensation to be paid.
However, under the proposed bill, “unacceptable working conditions” are considered part of the “forced labour” definition. Other acts defined as constituting forced labour include deception, threats, travel restrictions and the seizure of workers’ important documents, Ms Wilaiwan said.
The seminar suggested only the last part may be justified by an employer, as some may prefer to keep such documents for convenience, as foreign workers have to report to immigration every 90 days.
Julia Borgianni Batho, adviser to the International Labour Organisation, said she approved of the Labour Ministry’s push to implement the bill, as the proposed law shares similar details with the Forced Labour Convention, an international commitment aimed to protect workers against labour abuses.
Thailand ratified the convention nearly 49 years ago, on Feb 26, 1968.
Ms Wilaiwan said her ministry will forward the bill for the cabinet’s consideration next month after finishing its survey of public opinion.
However, Nitchakan Usaiphan of the Human Rights and Development Foundation said the problem was not that sufficient legal measures were not in place, but rather that they were not taken seriously enough.
Ms Nitchakan said she had studied the human trafficking situation in Thailand, as well as the attitudes of different countries towards the problem.
She said it would not be necessary to write a new law if Thai officials were more serious in tackling human trafficking and punishing offenders.
