SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

The law also includes the right of compensation, safety protection for trafficked persons and
their families, witness protection, and for returning to their country of residence or even
staying in Thailand for proceedings against the offender, medical treatment, rehabilitation or
compensation, where there is documentary or other proof to show the person has temporary
or permanent residence or in exceptional cases to stay based on the security and welfare of
such person. 546 It also protects against criminal proceedings against trafficked persons for
violation of immigration or prostitution laws unless specific permission is given by the
Minister of Justice. 547 It creates a fund to be used for providing assistance and safety
protection to victims, safety, assistance in helping the person return to their country of
residence and for the prevention and suppression of trafficking. 548 The law also establishes a
high level committee to make recommendations to the Cabinet concerning the policy on
prevention and suppression of trafficking in persons, for the revision of laws and rules, etc. 549
Penalties for trafficking in the law are of imprisonment from four to ten years and a fine from
80,000 to 200,000 Baht. 550 Where the offence is committed against a child whose age exceeds
fifteen years but not yet reaching eighteen years, imprisonment is from six years to twelve
years and a fine from 120,000 to 240,000 Baht. 551 If the child is not over fifteen years of age,
imprisonment is from eight years to fifteen years and a fine from 160,000 to 300,000 Baht. 552
If the offence is committed by a juristic person, they are required to pay a fine between
200,000 to 1,000,000 Baht. 553
The Preamble to Indonesia’s Law on the Eradication of the Criminal Act of Trafficking in
Persons, 2007, 554 states that, among other things, the law has been enacted as “…trafficking in
persons, especially the trafficking of women and children, constitutes a crime which violates
human dignity and respect and human rights, thus should be eliminated.” 555 Consent of the
victim is inconsequential to the prosecution of the crime. 556 The definitions of trafficking and
exploitation are the same as those in the Thai law as both have been adapted from the
Palermo Protocol. Interestingly, within these definitions, while the Thai law defines forced
labour, the Indonesian law defines “sexual exploitation” i.e. “any form of the use of sexual
organs or other organs of the victim for the purpose of obtaining profit, including but not
limited to all acts of prostitution and sexually indecent acts.” 557 Strict punishments are
prescribed for trafficking as well as various scenarios within trafficking including sending or
bringing a person or a child (including adoption) out of or in to Indonesia with the intention
546 Sections 34 – 40, ibid.
547 Section 41 states that, “Unless the Minister of Justice grants a permission in writing, the inquiry official is
barred from taking criminal proceeding against any trafficked person on the offence of entering, leaving, or
residing in the Kingdom without permission under the law on immigration, giving a false information to the
official, forging or using a forged travel document under the Penal Code, offence under the law on prevention
and suppression of prostitution, particularly on contacting, persuading, introducing and soliciting a person for
the purpose of prostitution and assembling together in the place of prostitution for the purpose of prostitution, or
offence of being an alien working without permission under the law on working of the alien.”
548 Section 42, ibid.
549 Section 15, ibid.
550 Section 52, ibid.
551 Ibid.
552 Ibid.
553 Section 53, ibid.
554 Law Of The Republic Of Indonesia, Number 21 Year 2007, State Gazette Of The Republic Of Indonesia
Year 2007, Number 58.
555 Article 1(1), Law on the Eradication of the Criminal Act of Trafficking in Persons, 2007 (Indonesia)
556 Article 26, ibid.
557 Article 1(8) ibid.
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