A guideline for human trafficking prevention and suppression in a police station level: Case study of Samut Sakhon police station

Human trafficking is one of the most important issues around the world which is an international crime and a new threat to national security. Thai government too does not hesitate to eradicate human trafficking issue. Law enforcers „Police officers‟ play a vital part in human trafficking prevention, suppression, controlling and bringing the case to judicial procedure. In order to enforce involving laws to the maximum effectiveness, law enforcers, who are working on human trafficking prevention and suppression, have to be empowered by the government supports. The police officers in provincial police station are the main target of aforementioned empowerment since they are the closest to the community as well as the problem.

A GUIDELINE FOR HUMAN TRAFFICKING PREVENTION AND SUPPRESSION IN A POLICE STATION LEVEL: CASE STUDY OF SAMUT SAKHON POLICE STATION Pol.Lt.Col Pimapot Nomchobpitak gpim48@gmail.com Faculty of Police Science, Royal Police Cadet Academy, Sampran Nakornpathom, Thailand Abstract Human trafficking is one of the most important issues around the world which is an international crime and a new threat to national security Thai government too does not hesitate to eradicate human trafficking issue Law enforcers „Police officers‟ play a vital part in human trafficking prevention, suppression, controlling and bringing the case to judicial procedure In order to enforce involving laws to the maximum effectiveness, law enforcers, who are working on human trafficking prevention and suppression, have to be empowered by the government supports The police officers in provincial police station are the main target of aforementioned empowerment since they are the closest to the community as well as the problem Keywords: Guideline, Prevention and Suppression, Human Trafficking, Police Station Introduction Rationale and Background Human trafficking remains one of the biggest problems in Thailand and the world Because human trafficking violates the being of human right which is the major concern of the community around the world Moreover, the human trafficking is a new form of national security threat Therefore, this human trafficking is the major issue which countries including Thailand have to raise more awareness and cooperate to eliminate the problem Thailand government has declared that solving the ―Human Trafficking‖ to be Thailand‘s national agenda on August 6, 2004 aiming to eradicate human trafficking problem After that, on April 3, 2015, the Prime Minister announced the ―Human trafficking‖ to be national agenda which required all of the relating department to integratedly work together under the concept of ―Pracha-Rat Ruam Jai Tarn Pai Karn Ka Manud (Public-Private works together to solve human trafficking problem)‖ Then, the strategic policy and measure to prevent and suppress human trafficking has been determined (2011 - 2016) The strategy and measure were created to be the tools for steering the process of the 20 years national‘s roadmap strategy (2017 - 2036) in the terms of Human Security Although Thailand has been putting the effort to execute the human trafficking prevention and suppression policies including Human Trafficking prevention and Suppression Act 2008 and important law mechanism, the outcome of the effort did not 605 meet the lowest requirement in Trafficking in Persons Report (TIP Report) yielding the negative report toward human trafficking prevention and suppression situation Thai Royal Police is one of the departments that take a major role in human trafficking prevention and suppression Apart from setting special Crime Suppression Division to counter this problem particularly, Thai Royal Police also applies management measure to prohibit police officers to get involved to human trafficking as well as develops and improves human trafficking cases database to be up-to-date which connected to related organizations Other than that, the department also develops Thai Royal Police 20 years strategic plan phase (2017 - 2036) focusing on human trafficking missions consisting of preventing and suppressing human trafficking crimes as well as enhancing human trafficking preventability and suppression capacity However, in order to fully enforce the law against human trafficking, despite of the clear terms and definition of the lawsuit itself, legal punishment has to be appropriate to the severity of the crime There has to be the composition of procedural supporting factors whether in prevention work or in suppression work for police officers who take part in this human trafficking prevention and suppression in the level of police station which is the root of all related works From the study of Wanna Changjanya (2014) which is the study of human trafficking prevention and suppression of Thai Royal Police 2nd Sub Division The AntiTrafficking in Persons Division, Thai Royal Police It was found that there are four obstacles in anti-trafficking works, those are: 1) In planning aspect; It was found that budget and resource are not adequate to the plan rendering the officers cannot follow the plan 2) In managing aspect; It was found that staff number is insufficient and lack of cooperation among other organization 3) In leadership and line of command; It was found that the orders not cover as well as the hierarchy of command makes the order blurred 4) In controlling aspect; It was found that controlling power does not cover all of the staffs The government determined Samutsakorn province to be one of seven human trafficking risk provinces including Samutsakorn, Chon Buri, Chachoengsao, Rayong, Nakhon Si Thammarat, Songkhla, and Sa Kaeo because those provinces are the place that have a lot of influx alien labors The labors are Burmese 200,001 people (93.87%), Cambodian 10,323 people (4.85%) and Laotians 2,692 people (1.26%) The Burmese labors living in Samutsakorn mostly are Mon scattering around the province, Amphoe Krathum Baen, and Amphoe Ban Phaeo, especially in Amphoe Muang Samutsakorn there are 73 communities defined to be high-dense residential area (Alien labor hiring situation of Samutsakorn province, 2017) It is recognizable for the researcher that studying current situation of human trafficking prevention and suppression of the officers, who take a major part in strengthen the counter measure of this issue, in the level of police station is a vital The officers have to control the area allowing the police officers work more effectively The officers, the main pillar of human trafficking prevention and suppression, have to be agile in taking and execution received orders and be able to work with other organization harmoniously The 606 research is the case study of involving officers who take part in human trafficking prevention and suppression task in Samutsakorn police station level In addition, the study also probes the cooperation guideline among related organizations yielding integrated cooperation from all related departments to counter trafficking problem leading to executable practices for other organization according to the government and National Council for Peace and Order (NCPO) policy Related Theory Iceberg Model David McClelland has given the implication of competency in the book ―The Competency Foundation‖ which described human characteristic to be as same as iceberg Tip of the iceberg, the ‗visible‘ part: 1) Skill means the things that man knows and has capability to them well such as reading skill, listening skill, driving skill, etc 2) Knowledge means the things that man knows and understands to its particular concept or idea; for example having knowledge about accounting, having knowledge about marketing or politics, etc Body of the iceberg, the ‗hidden‘ part: 3) Social Role means the things that individual needs to let other people know how he contributes to the social e.g He likes to help other people etc 4) Self image means the reflection of how one sees himself e.g leadership, expertise, or artist, etc 5) Traits means the habits which would be permanent behavior e.g clam, humble and sportsman 6) Motives mean the drive within one‘s self affecting one‘s action e.g the need for success then all the actions leads to success all the time Participation Theory Having Working or giving opinion participation is essential and important for human resource nowadays yielding directly and positively increasing in subordinates‘ performance which is good for executive‘s commands The executives have to listen to staffs opinion and to build staffs‘ relationship Staffs are going to feel they belong to the organization which ultimately leads to unlock their potential and invest their blood, sweat, and tears to the organization‘s mission granting the outstanding outcome and excellent performance Law Enforcement Theory Sir Robert Peel, namely ―The father of modern police‖ founded London Metropolitan Police Department on 1859, emphasized the staffs to realize that preventing crime is more important than anything Investigation, arresting, and punishment, in Peel‘s 607 opinion, became the foundation of the concept of the using of law enforcement for prevent crimes The main police‘s strategy to prevent crimes according to the law enforcement theory is patrolling which is the backbone of police task The essence of this theory is the appearance of the officers has crime suppression effect because criminal will afraid of being caught Therefore, patrol officers have to wear uniform, and the vehicle has to be easily spotted in order to intimidate those potential criminals Other than that, regularly patrolling in such area makes community members feel like polices are everywhere For this reason, according to law enforcement theory, the appearance of police officers and patrolling can prevent crimes, since they minimize the opportunity to commit crimes In addition, patrolling could be routine job or special task In terms of routine job, responsible areas are assigned to the patrol officers to prevent and suppress within their shift In terms of special task, all of patrol officers in the area are standby and immediately present in the area after receive the order from headquarter Crime Triangle The Crime Triangle Theory can describe the cause or the factors of crime including: 1) Offender / Criminal means a person who has desire to commit crime 2) Victim means person, place, or object on which is the target the criminal has the desire to take the action 3) Opportunity means time and location which is suitable for committing a crime When the triangle is completed the crime occurs The theory has presented the concept of crime solving or crime prevention by attempting to intercept the cycle before it completes or eliminating a side of the triangle Situational Crime Prevention While Crime Triangle helps prevent cause or factors of crimes, Situational Crime Prevention can prevent crime according to these five concepts those are: 1) raising difficulty to commit crime to the criminal 2) raising the chance of the crime being detected 3) reducing reward for criminal 4) eliminating the excuses for committing crime 5) avoiding or reducing the motive Community Policing Community policing is the new concept of the crime prevention It believes that creative cooperation between police and community can solve crime related problems, feeling of fear, criminal threat, as well as social disorganization and social degradation In order to achieve that, policing unit have to develop a good relationship with good men living in such community; and, let them have a chance to express their opinion, suggestion, and problems prioritization as well as improve the quality of the community in which they live In the other words, the principle of community policing is the principle of the policing mission which promotes and supports the ‗strike to the root of evil‘ in order to reduce the problem of criminals and community disorganization which require cooperation between police and community The priority of problem will be selected by people living in the community 608 Research Framework IN PUT - general condition - Length of time - Staffs - budget - tools - management - moral/ethnic - Procedure Method Technique - Information Cooperation/ compromising PROCESS  SWOT Analysis - Role - Related Department - Operation Process - Participation in improvement - Ice Berg Theory (Concept Competency) - (POCCC) Planning, Organizing, Command, Coordinate, Control - (IT) Information Technology - Cooperation Theory - Law Enforcement Theory - Situational Crime Prevention - Community Policing  Guideline for Human Trafficking prevention and protection OUTPUT Guideline for Human Trafficking prevention and protection in police station - Prevention - Protection - Jurisdiction - Knowledge OUTCOME building strength and expressing 21st century human potential pushing social and economic forward FEEDBACK Be able to use in improvement of all processes Image Research Framework Literature reviews Human trafficking situation in Thailand Thailand, according to Trafficking in Persons Report 2014, was ranked to be Tier of the ranking which means Thailand did not fully follow the minimum requirement and has no attempt to follow the requirement In the other words, Thailand is in the worst situation of human trafficking after has consecutively struggled in Tier watch list for years From that cause, in June 2016, Thailand still ranked in Tier country which is the group of the worst situation in human trafficking The impact of human trafficking in Thailand The downgrading in human trafficking situation from tier to tier has impacts on Thailand in aspects, those are: 609 Firstly, the overall trading image between Thailand and US, especially on fishery products e.g shrimps and tunas, ranking in tier means US could use this as a loophole to boycott Thailand‘s products The United State would consider to boycott Thailand within 90 days counting from the demoting date If Thailand was boycotted, the result would highly affect frozen food industry and shrimp industry because US is the main target of shrimp export (40%) and tuna export (20%) Moreover, it would have psychological impact which competitors countries may exploit to discredit Thailand‘s trading industry Secondly, staying in bad situation in human trafficking will destroy Thailand‘s image on the world‘s stage which may negatively affect investment trending in Thailand as well as ceasing in helping on various aspects Although the United States did not declare the boycott to tier countries, the message has been spread and had negative impact on Thailand‘s image Some foreign companies may now reconsider their investing policy in trafficking related industries in Thailand e.g fishery industry Other than that, Thailand may lose some other non-trading and non-humanity related helping from US as well as may be refused from other international organization e.g IMF and World Bank, etc Lastly, It impacts national security and social problems Thailand might be labeled labeled as human trafficking country from other countries especially the United State; because, Thailand has three status of human trafficking including 1) the gateway country of trafficking 2) the channel of trafficking and 3) the trafficking site In addition, human trafficking cartels mostly are criminals and have illegal work which are hard for police officers to suppress and control Human trafficking problem in Samutsakorn province From the alien labor hiring in Samutsakorn reported in January 2017, it was found that there are 291,731 workers who have work permit; mostly they are Myanmar 255,933 people (Samutsakorn Department of Employment, 2017) comparing to the data from June 30, 2016, there were 262,237 alien labors From the speculation, it was found that there are legit labors more that illegal labors i.e 144,590 legit labors (55.14%), and 117,647 illegal labors (44.68%) For Laos, Burmeses, and Cambodians, according to the parliament, 213,016 of them (200,001 Burmeses, 10,323 Cambodians, and 2,692 Laos; 93.87%, 4.85%, and 1.26% respectively) were temporarily allowed to work in Thailand Research Objectives 1) To study the condition of the problem in human trafficking prevention and suppression tasks for provincial crime prevention and suppression officers in Samutsakorn and related public and private organizations 2) To study supporting factors to enhance performance in human trafficking prevention and suppression for the officers in Samutsakorn metropolitan police station 3) To find the guideline for counter human trafficking problems for prevention and suppression officers in Samutsakorn metropolitan police station 610 Anticipated Benefits 1) Thai Royal Police department acknowledges the problems of human trafficking prevention and suppression tasks of the officers in working with private organizations and police officers in the police station 2) Thai Royal Police department acknowledges the guideline for improving the effectiveness of human trafficking prevention and suppression tasks of the officers involved 3) Police station has the guideline for executing human trafficking prevention and suppression tasks and its benefit could also expand to the other field 4) Police station has the guideline for cooperation with related organizations Method Criterions for data givers are: 1) the officers who currently work in human trafficking prevention and suppression and/or 2) working in human trafficking prevention and suppression task for at least years and 3) having experience in human trafficking prevention and suppression at least years The participants are consisted of Samutsakorn provincial and district officers (15 people), private organization staffs (3 people), and Samutsakorn police officers (30 people) Research Tool is in-depth interviewing about: 1) The condition of problem of the Samutsakorn provincial and district police officers who work in the operation of human trafficking prevention and suppression and related private organization The interview includes role/duty, operating process, related organizations, operation participation, the length of the operation, the cooperation of police officers, police officer‘s needs, and organization SWOT 2) Samutsakorn metropolitan police officers‘ performance enhancing factors in operation of human trafficking prevention and suppression i.e the readiness of 8M management, budget, tools, management, moral/ethnic, procedure, method, technic, information, cooperation/compromisation 3) Guideline for human trafficking prevention and suppression operation for responsible officers i.e staff empowerment, working cooperation, staffs management in the station, utilizing information technology (IT), crime prevention and suppression management (Law Enforcement Theory and Crime Triangle) Data Collection 1) Secondary Data is the collection of paper works which the researcher studies and collects from documents, academic books, official letter, journals, academic papers, thesis and research reports, related statistics, printed materials, and internet based resources 2) Primary Data is the collection of fieldwork using person-to-person interviewing technique to related staffs The researcher has sent letter for courtesy asking for their help, and made an appointment for interview giving them time for preparation Data Analysis The data analysis is from data collected from documents and interview following method, process, and objectives of the research Utilizing literature review in chapter also gives the meaningful analysis as well as grants rich and depth details of the phenomenon for us 611 References Department of Anti-Trafficking in Person, Ministry of Social Development and Human Security (2012) Operational Guideline on the Prevention and Suppression of Trafficking for Staffs Bangkok: Religious Printing House Operational Guideline on the Prevention and Suppression of Trafficking for Labour Purposes and Assistance and Protection for Trafficked Persons (Revise Jan 10, 2017) Pachara Santad and Chet Ratchadapunnathikul.(2014).Police Administration in Human Trafficking on Prevention and Suppression of Metropolitant Police Stations Journal of Thai Justice System 7(1) : - 15 _ (2559).Management of The Party Network for the Prevention and Suppression of Human Trafficking in Thailand Journal of Thai Justice System 9(1) : 23 – 41 Pattrawan Vechasart.(2558).Integrated Approach for Combating Trafficking in Persons.National Defence Studies Institute Journal Vol No.4 Sep - Dec 2015 The Trafficking in Persons (TIP) Report 2017 US Samutsakorn Ministry of Labour.(2016) Samutsakorn TIP report Q2 2016 From http://samutsakhon.mol.go.th accessed on October 24, 2017 _ (2560).Samutsakorn Alien Labour Hiring Report January 2017.From http://samutsakhon.mol.go.th accessed on October 24, 2017 Sompong Srakaew et al.(2015).A Report on Migrant Children & Child Labourers in Thailand‘s Fishing and Seafood Processing Industry of Samutsakorn Province.Labour Rights Promotion Network Foundation (LPN) 10 Wanna Changjanya.(2014) Administration of Human Trafficking Deterrence and Suppression Conducted by Sub-Division 2, Anti-Human Trafficking Division, Royal Thai Police, Headquarters Special problem Master of Public Administration Program, General Management, Graduate School of Public Administration, Burapha University 11 Sira Sawangsil (2014).Administration of Improving Thailand Human Trafficking Law Enforcement Potential: The Study of Trafficking Victims Protection Act 2000 Comparison between United State and Thailand The Anti-Trafficking in Persons Act 2008 Individual Study Bangkok: Devawongse Varoprkaan Institute of Foreign Affairs, Ministry of Foreign Affairs 12 US Embassy.(2014).Trafficking in Persons Report 2014 From http://www.thai.bangkok.usembassy.gov/ Accessed on August 10, 2017 13 Sarayut Yahakorn.(2015) Human trafficking in Thailand http://ejodil.stou.ac.th Vol No.2 July - December 2015 14 Academic Department,The Secretariat of the House of Representatives.(2015) Human Trafficking Prevention and Suppression : National Agenda.Electronic Journal http://www.parliament.go.th/library 15 Sangjan Manoi.(2014).Thailand's operation for anti-Trafficking in Persons.Academic Department, The Secretariat of the House of Representatives 612 ... trafficking prevention and suppression and/ or 2) working in human trafficking prevention and suppression task for at least years and 3) having experience in human trafficking prevention and suppression. .. effectiveness of human trafficking prevention and suppression tasks of the officers involved 3) Police station has the guideline for executing human trafficking prevention and suppression tasks and its... country of trafficking 2) the channel of trafficking and 3) the trafficking site In addition, human trafficking cartels mostly are criminals and have illegal work which are hard for police officers