All the facts and data received from victims of trafficking clearly indicated organised criminal syndicates played the major role in trafficking in women in every part of the world. Being one of the highest yield illegal businesses, many organised criminals engaged in the trade. The vicious circle then began. With huge money earned from the trade the criminal rings became bigger and more powerful and they used the money to increase their power and influence with corrupt officials. With more influence and power they could traffic more women into the sex industry which generated more money. No matter how severe the laws are, they can evade the punishment using their influence, money and violence. Sometimes many organised crimes cooperate with each other, particularly in cross border trafficking, working together on a profit sharing basis. The huge money their earn from the trafficking and related businesses give them power, influences, resources and weapons. They can buy anything they want including justice.

No matter how good the laws are, if enforcement is weak those good laws are ineffective. Therefore, problems in enforcing the laws against the trafficking needed to be explored.

The effectiveness of law enforcement for the suppression of traffic in women and children and Thailand depends very much on the active or passive roles of the police....The limited resources of the police .... forces them to select crimes they believe should be handled first. Not only the seriousness of a crime, but the difficulty in dealing with each type of crime plus the authority given by law to tackle the particular crime are taken into consideration. The insistence and the willingness of the victim in investigation and trial procedure are also important factors.

Moreover, most of the victims are so vulnerable they do not want to participate in the legal process and are not willing to give statement or testimony. Things become more difficult when the victim is an alien woman or child who cannot speak Thai. The long process of a criminal case adds difficulty to the police because they have no resources.... and .... the victims .... want to return home.

Another discouraging factor is the organised crime racket that operates trafficking. When one of its members is arrested, his peers will do everything to make sure that its member is freed. These criminals use money, influence, violence and/or other means to achieve that goal. They may offer bribes to the officers, victims and witnesses. Many victims who declined to be bribed were run over by trucks which speed away after the incident or in most cases it ends up as a normal road accident case. These criminals can buy the best legal advice from one among the best and most expensive lawyers to fiercely fight their cases. It is quite normal that each case is dragged on for the consideration of the Supreme Court for its verdict. During the trial the defendant can bail himself out and stay out of jail until the court pronounces him guilty. While staying outside on bail the defendant can influence the victim or other witnesses who will then be afraid to testify to the police or the prosecutor. In addition a witness protection program is not available because it is not in the law.

All these factors combined discourage police to enforce the law and arrest traffickers. They will concentrate on serious but crimes simple in nature such as murder, robbery and drug distribution. However, the policies of the Prime Minister, Minister of Interior who controls the Police Department and the Director General of the Police Department play a very important role in deciding what are the priorities that should be dealt with by police officers.... In addition, the majority of police officers do not realise the seriousness and the life consequences that trafficking for sexual exploitation has on the victims. Lack of awareness among the public results in less information or tips from the public who may be eye witnesses in the crime but do not report to authority.

....the lack of cooperation among countries in the Mekong region, in particular, in crime suppression made the situation of traffic in women in this region worse. While the authority of each country cannot extend its authority across her own border and cannot get quick and efficient help from the authority of a neighbouring country, the activities of the well organised crime syndicates are not limited by the same border as the authorities. These criminals can cross the border at will. Even when they are arrested for cross border traffic in women, the authority often has incomplete jigsaw of evidence. The important missing parts of evidence and victims or witnesses are in a neighbouring country and there is no way to get them because of the lack of routine mutual legal assistance....In many cases they let the criminals go because of lack of evidence, or it should be called the lack of ability and measures to get evidence from another country. The lack of extradition treaties among the countries in the Mekong region is another set back in suppression of trafficking. Although the culprit is known and an arrest warrant is issued, the authority cannot arrest the culprit because he is in another country. The long arm of the law is limited by the border while criminals are not and this is the most difficult problem in handling cross-border traffic in women.

Cooperation between Authorities of the Countries in the Mekong Region

The realistic approach .... is that Thailand, which is the main receiving country should negotiate with each sending country and conclude a separated bilateral agreement with one of the sending countries at a time..

In order to increase the efforts of government, officials and people, the first and most important thing is to raise their awareness in order to understand the serious consequences of the traffic in women.

 Many governments still refuse to recognize the problems or deny that the problems are not as serious as reported. The potential victims and their families should be informed of the suffering of those who were lured, deceived or forced to be prostitutes. The public are not aware of the plight of some women who are denied by their own society after being rescued and sent home, in particular those who have HIV/AIDS. This information should be publicised for the public to know how much damage the traffic in women ... can cause.

 Whenever, the awareness is high the public will support the fight against traffic in women. Politicians will be forced to make this problem their priority and law enforcement officials will not be able to sit back instead they will have to concentrate on prevention and suppression of trafficking.

To enforce measures and laws against trafficking in women, a strong policy of the government in that country is necessary because the government can direct and allocate resources to fight against trafficking. It also can emphasize and prioritize the problems of trafficking in women so that law enforcement officers know exactly what the government wants them to do.

 The policy will change the way officers treat foreign victims of trafficking. They should be viewed as a victim of a crime and should not be charged with illegal entry offense, a country has to keep her in a custody during the repatriation process, she should be treated with humane approach.

Even if a trafficker is arrested within Thailand and there is no need for cooperation from another state, it does not guarantee that the prosecution will be successful... because of the long and complicated process of the judicial system which is easily abused by the defendant.

 Another contributing factor is the lack of awareness of judges who believe that every case is the same and should be handled by the same procedure and practices. This is absolutely wrong because the victims of trafficking are very vulnerable, in particular, the victims trafficked from another country who do not know anything in this strange land. Foreign victims are often charged with illegal entry or over stay offense and is deported before trial. The Criminal Code of Thailand, however, allows the court to take early deposition of a victim's testimony, according to a petition of a prosecutor, if the victim is going to be sent back to her country.

 The unfriendly procedures used with victims and witnesses of traffic in women and child sexual abuse is another negative factor that discourages victims from filing their complains to authority.

 The most important part in the judicial process problem is the attitude of the people in the criminal justice administration. If they do not realise the plight of the victim and have no sympathetic attitude towards her, the victim will undergo extreme suffering through the judicial process which actually has the duty to protect her. Thus, all parties in the judicial process, i.e. judges, prosecutors and police, assigned to handle these types of cases, should receive special training in this issue.

One or more monitoring bodies should be established :

• to observe and assess the situation of trafficking in women both domestic and cross border in each country and in the region;
• to encourage governments for more proactive roles in suppression;
• to observe and study the legal process from the arrest to the end of the trial in order to find obstacles and loopholes in the laws and the judicial process;
• to give suggestions to government how to improve the laws and the judicial process for handling the offense of trafficking in women.

The monitoring bodies should comprise of experts and legal experts from various governments concerned as well as from NGOs.

Commission on Human Rights and the office of the Ombudsman should be established by specific Acts with considerable authority to monitor, advocate, protect and promote human and children's rights (in the Mekong region). These two bodies can raise awareness and be the "voices" of victims of trafficking. In addition, they can help push government agencies and policy makers in each country to implement the Convention on the Rights of the Child and the Covenant on Civil and Political Rights which have strong positive effects on the endeavor to solve trafficking in women and children.

One strong force which exists and is ready to help is the body of NGOs. Government and NGOs should learn to trust and work with each other for the effectiveness in eradication of trafficking in women.

The Act on the Traffic of Women and Girls (1928) was repealed and The Measures in Prevention and Suppression of Trafficking in Women and Children Act B.E. 2540 became effective in November 1997. The amendment in the name of the Act to the "Traffic in Women and Children Act" protects children of both sexes.

Section 1 This Act shall be called "the Measures in Prevention and Suppression of Trafficking in Women and Children Act B.E. 2540 (1997)"

Section 2 This Act shall come into force on and from the day following the date of its publication in the Royal Gazette.

Section 3 The Trafficking in Women and Girls Act B.E. 2471 (1928) shall be repealed.

Section 5 In committing an offense concerning the trafficking in women and children, buying, selling, vending bringing from or sending to, receiving, detaining or confining any women or child, or arranging for any women or child to act or receive any act, for sexual gratification of the third person, for an indecent sexual purpose, or for gaining any illegal benefit for him/herself or another person, with or without the consent of the woman or child, which is an offense under the Penal Code, the law on prostitution prevention and suppression, the law on safety and welfare of children and youth, or this Act, the official is authorized to enforce power under this Act.

Section 6 Whoever makes preparations for committing any of the offenses as specified in section 5 shall receive the same punishment as attempting to commit such offense.

Section 10 ...In detaining the woman or child in accordance with this Section the woman or child shall stay in an appropriate place, which shall not be a detention cell or prison.

...When the woman or child has testified in court in accordance with Section 12, it shall be deemed that the cause for detention of such woman or child is ended.

Section 12 When it is known that an offense as specified in section 5 has been committed, even though the offender is not arrested, a public prosecutor, by oneself or by receiving an application from an inquiry official, may bring the victimized woman or child to file a petition, specifying all the acts allegedly committed and the necessary cause why the testimony must be immediately taken, to a court.

In case the initiation to testify in court is of the victimized woman or child, and she/he informs the public prosecutor, a petition to the court shall immediately be filed by the public prosecutor.