Legal Problems in Identifying Reasonably Presumed Victims of Human Trafficking

Abstract

This study aims to: 1. Examine the problems, concepts, and theories related to the identification of individuals who are reasonably believed to be victims of human trafficking cases. 2. Study the laws concerning the identification of individuals who are reasonably believed to be victims of human trafficking in Thailand, foreign countries, and international contexts. 3. Explore measures to improve Section 29 of the Anti-Trafficking in Persons Act B.E. 2551 (2008) regarding the identification of individuals who are reasonably believed to be victims of human trafficking. This is a qualitative study based on research and data collection from books, textbooks, academic articles, research works, and documents. The data are analyzed, synthesized, and presented using a descriptive method to derive guidelines for developing laws concerning the identification of individuals who are reasonably believed to be victims of human trafficking.

Findings: The study reveals that the prescribed timeframe for identification allows only twenty-four hours after the incident, with a possible extension not exceeding seven days. Such a limited timeframe may negatively impact the distinction between genuine victims and individuals who voluntarily engage in sex work. Considering the victims’ ability to provide information, the set timeframe is overly restrictive. Recommendations: The researcher suggests legal developments to address issues concerning the identification of individuals who are reasonably believed to be victims of human trafficking so that measures are aligned with international standards as follows: 1. Extend the timeframe by stipulating not less than 90 days during which victims are granted the right to reside and receive protection without being rushed into status determination. This period would help reduce the risk of misidentification. 2. Issue ministerial regulations or rules that provide clear criteria. 3. Emphasize human rights alongside national security. Even if the victim is an undocumented migrant worker, if there is reasonable belief that the person falls within the scope of human trafficking, protection must be provided before considering immigration status.