Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - Thailand (Ratification: 2004)

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. The Committee previously noted that child labour was a problem in the country and in practice children in rural areas worked in sugar cane, cassava and corn plantations, in rice paddies, in fisheries, shrimp farms and seafood processing under conditions which are often hazardous. In urban areas, children worked in sectors such as restaurants, markets, street vending, construction and entertainment. The Committee noted that according to the information from the Ministry of Labour in December 2015, there were an estimated 10.88 million children aged between 5–17 years, of which 6.4 per cent were working (692,819) and 2.9 per cent were considered in child labour (approximately 315,520). However, the Committee observed that the number of cases of child labour identified by the Department of Labour Protection and Welfare (DLPW) was extremely low compared to the number of children considered to be in child labour. The Committee therefore requested the Government to pursue and strengthen its efforts to identify and combat child labour and to indicate the measures taken to strengthen the capacity and expand the reach of the labour inspectorate and of the relevant law enforcement agencies, as well as of the child labour monitoring system.

The Committee notes the Government’s information in its report on the various measures taken for the elimination of child labour. Accordingly, the Committee notes that the “World Day Against Child Labour” was held on 11 June 2019 focusing on awareness-raising on the issue of child labour and its worst forms. In addition, actions and policies under the National Child and Youth Development Plan, 2017–2021, the Family Development Policy and Strategy 2017–2021 and various national education policies from the Ministry of Education are also being implemented. Furthermore, output 2.2 of the Thailand Decent Work Country Programme (DWCP) 2019–2021 aims to reduce unacceptable forms of work, especially child labour through the effective implementation of relevant policies and programmes.

Regarding the measures taken to strengthen the capacity and expand the reach of the labour inspectorate, the Government indicates that: (i) the number of labour inspectors was increased from 1,245 inspectors in 2016, to 1,506 in 2017, and to 1,900 inspectors in 2018; (ii) the labour inspection system was integrated in sectors where child labour is more prevalent, such as in marine fishing vessels and aquaculture processing establishments; (iii) a Ministerial Regulation on Labour Protection in Marine Fisheries, 2018 was issued which authorizes the labour inspectors to issue criminal charges against persons who involve children under 18 years in child labour and hazardous work; and (iv) several training activities for labour inspectors were organized to strengthen their ability to enforce labour protection laws. The Committee further notes from the Government’s report that according to the data from the Economic-Labour Activity Report (October–December), 2018, a total of 42,685 establishments were inspected by the labour inspection of the Ministry of Labour in 2018, of which 527 establishments were found to be engaging child labour, a reduction by 378 establishments in 2017. Children under the age of 15 years were found to be working in hotel and restaurants, wholesale, retail and repairs, manufacturing, construction and real estate services. Furthermore, criminal prosecutions were carried out in 95 cases for violation of the provisions related to child labour under the Labour Protection Act, 1998, involving 206 offenders and in 53 cases offenders were penalized with fines amounting to 1,090,000 baht. These cases were related to the hiring of children under 15 years (18 cases); not notifying the hiring of children under 18 years to the labour inspectorate (64 cases); and engaging children under 18 years in forbidden work or places (13 cases).

The Committee further notes that according to the results of the National Working Children Survey of 2018, of the total number of 10.47 million children aged between 5–17 years, 409,000 children (3.9 per cent of all children) are engaged in economic activities, of which 177,000 children are involved in child labour and 133,000 children are engaged in hazardous work. Children are mostly involved in work in the agricultural sector (46.3 per cent); commerce and service sector (39.5 per cent); and in the manufacturing sector (14.2 per cent). Of these, 65.1 per cent are engaged in unpaid household businesses and 31.3 per cent in the private sector. Gender disaggregated data indicate 127,000 boys (71.9 per cent) and 49,700 girls (28.1 per cent) are involved in child labour. While taking due note of the measures taken by the Government to combat child labour, the Committee notes that the number of children involved in child labour is still significant. The Committee therefore urges the Government to continue taking effective measures to identify and combat child labour, including within the framework of the DWCP. It also encourages the Government to continue its efforts to strengthen the capacity and expand the reach of the labour inspectorate to the agricultural, commerce and service sector, marine fishing vessels and aquaculture processing establishments where child labour is more prevalent and to continue providing information in this regard. The Committee also requests the Government to continue to provide information on the number and nature of violations detected by the labour inspectors and the relevant law enforcement bodies and penalties applied in child labour cases.

The Committee is raising other matters in a request addressed directly to the Government.