Legal Problems in Preventing and Suppressing Human Trafficking in the Role of Administrative Staff

Abstract

This research study aimed to explore the concepts, theories, and background of human trafficking offences, and to compare measures for preventing, suppressing, and punishing human traffickers under Thai law, international law, and foreign law. It also analyzed the legal challenges in preventing and suppressing human trafficking by administrative officers following the Prevention and Suppression of Human Trafficking Act B.E. 2551 (2008) and its amendments, while proposing guidelines for the development of Thai laws to be more appropriate and fairer. This study employed a qualitative research methodology, utilizing document analysis of legal texts, court rulings, legal textbooks, academic articles, theses, and reliable online sources. The findings indicated that Thai law has focused on prevention, suppression, and victim protection, aligning with the Palermo Protocol, the U.S. Trafficking Victims Protection Act (TVPA), and Singapore’s Prevention of Human Trafficking Act (PHTA). However, some provisions of Thai law, such as Sections 52/1 and 56/1, have not fully complied with international standards, which emphasized strict punishment without exceptions. Additionally, administrative officers, playing a key role in addressing human trafficking, face obstacles in law enforcement due to ambiguities in certain legal terms that lead to inconsistencies in enforcement. These ambiguities include phrases such as “any other similar acts that exploit a person” and “detention” under Section 6, as well as the term “official” in Section 13. Therefore, it has proposed to amend the Anti-Human Trafficking Act B.E. 2551 and its amendments by changing the wording of “any other similar acts that exploit a person” to “any other acts that were similar to seek unlawful benefits” and by adding clearer definitions for “involuntary subjugation” and “government officials.” It has recommended amending the penalty provisions for cases in which parents commit offences against their descendants to impose stricter penalties unless there were justifiable reasons to reduce them. It has increased the penalties for repeat offenders to enhance the effectiveness of law enforcement and to ensure alignment with international principles.