No Human Trafficking Here

*A continuation of the Myanmar illegal migrants' ordeal who were supposedly smuggled, if not trafficked, into Thailand.

By Anchalee Kongrut and Wimol Nukaew

From the Bangkok Post:

Authorities say that under Thai law human trafficking required an act of exploitation, which was absent from the smuggling of people seeking proper work.

The death-truck tragedy involving 120 illegal Burmese job seekers, 54 of whom suffocated to death, is likely to be treated as a smuggling case and not human trafficking.

An initial investigation had determined the evidence did not support a human-trafficking case, immigration bureau chief Pol Lt-Gen Chatchawal Suksomjit said yesterday. It was a matter of legal interpretation, he said. "This initial finding may run counter to general sentiment and reports which labelled this as a case of human trafficking.

But there is a difference between human smuggling and trafficking, it's a matter of degree," Pol Lt-Gen Chatchawal said.

The offenders in the case would still be brought to justice.

Under Thai law human trafficking required an act of exploitation, which was absent from the smuggling of people seeking proper work. Human trafficking must involve smuggling of people with the specific objective of employing them in slave-like conditions and jobs, such as forced prostitution.

People smuggling was a crime of lesser degree. The penalties were also different.

Human rights commissioner Sunee Chaiyarose disagreed with such an interpretation, which she said was based on vague, incomprehensive laws. Treating the case as human smuggling would enable the authorities to speed up the deportations.

The survivors should be allowed to stay and claim compensation.

Representatives of the Lawyers Council would meet with the survivors, who had been moved from prison to the Ranong immigration office, and see if any would like to file complaints.

Orathai Junsawanarak, manager of the anti-trafficking and child-protection section of World Vision, said the authorities should urgently provide counselling for the Burmese. The survivors, particularly children, badly needed such services after such trauma, she said.

Ms Orathai said World Vision staff in Burma would look after these survivors when they return home and provide shelter and counselling.

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