In response to recent reports on the proposed legislation on the control of Marketing of Breast-milk Substitutes (BMS) in Thailand, being considered by the National Legislative Assembly, Unicef and WHO stated the following:

1. [The] regulation of marketing of breastmilk substitutes for children aged 0-3 years is the internationally accepted standard and is fully in line with the International Code of Marketing of Breastmilk Substitutes. The Guidance on Ending the Inappropriate Promotion of Foods for Infants and Young Children, adopted by the World Health Assembly (WHA) – of which Thailand is a member – in May 2016, clearly states that marketing should not take place for breastmilk substitutes for children up to the age of three years.

2. The global scientific evidence to support breastfeeding is clear and decisive. Breastfeeding is one of the most important and effective things parents can do to prevent stunting, and promote the physical and cognitive development of their children. According to the recent findings of Lancet (2016), breastfeeding is also consistently associated with higher levels of performance in intelligence tests among children and adolescents. Additionally, breastfeeding lowers the risk of breast cancer and ovarian cancer among mothers.

The rate of exclusive breastfeeding in Thailand is below the global average and the lowest in the Southeast, while aggressive marketing of breastmilk substitutes to mothers and families is widespread. The introduction of the BMS code into law is becoming more urgent.

MIGRANT domestic workers in Thailand need to be formally recognised as employees with legislation to protect their rights, the president of a foreign workers group has said.

Champadolma Lama, president of the Network of Migrant Domestic Workers in Thailand, said some foreign workers might get comfort from being seen as “part of the family”, but that type of relationship can severely undermine their labour rights and social protection as workers.

A recent survey found that foreign domestic workers worked excessive hours, averaging 11.89 hours a day.

Those caring for children or for the elderly reported an average of 13.5 hours per day. The survey also found that most workers did not receive days off, even though Thai law requires employers to provide at least one day off per week.

“When they [employers] say we’re a part of the family it makes us feel very special – but they have to know that we are still workers,” Champadolma said. “When you say I’m a part of the family, you can’t knock on my door at two in the morning just to open the door because the boss is coming home from a party”.

Champadolma migrated to Thailand from Myanmar in 1992 when she was just 17 years old. Over 24 years she has worked for seven different families under a variety of working conditions.

Giving one example, she said she loved the children she had been hired to raise. “Being a nanny, both my employers used to work. I used to work from 5am until 8 o’clock at night. The recognition for what I did was not there,” she said.

Emotional ties usually have a significant impact on the working life of domestic workers, making them reluctant to negotiate terms of employment or even unable to leave abusive situations.

The International Labour Organisation (ILO) recently conducted a study linking public attitudes to working conditions experienced by migrant domestic workers in Thailand and Malaysia.

The study emphasised the need to change public attitudes towards migrant domestic workers and for their work to have the same protections as other sectors.

A key finding of the study was that a “fictive kin” relationship – a social tie based on neither blood nor marriage – between domestic migrant workers and their employers was prevalent in Thai households.

‘Master-servant relationship’

This type of relationship usually did not entail the same long-term commitment to emotional and social well-being as kin relationships, the study said. Furthermore, the employer maintained the power to apply the fictive kin relationship selectively or even to withdraw it entirely.

The survey estimated that 300,000 domestic workers, both migrants and Thai nationals, work in Thailand. More than 50 per cent are migrants from Cambodia, Laos, Myanmar and, more recently, Vietnam. Thailand has no formal migration channels open to domestic workers, which often leads to irregular migration and informal working arrangements, putting workers further at risk.

“Many scholars say that employment relationships originate from the history Thailand has,” said Chayanich Thamparipattra, one of the study’s main researchers. She described the relationship as a “master-servant relationship” and how isolated living situations have “blocked some of their rights such as education and freedom”.

She added: “Ministerial regulations still don’t provide any protection for important rights such as minimum wage or maternity protection.”

The study noted that a formal contract could solve some of these issues, but it was found that migrant workers associated contracts with restrictions of their freedom to leave an employer. Only 7 per cent of migrant domestic workers involved in the survey had a written contract. Employers also expressed the opinion that contracts were not appropriate for domestic workers.

Despite being a crucial part of many households, domestic work is often not viewed as being “proper work”, leaving workers vulnerable. In Thailand, domestic workers are often overworked, and often undervalued both economically and socially in their household roles.

Festive shopping tax break could cost ALL OF US in long run

The government has hit a dead-end in its search for new short-term measures to shore up the recovering economy in the last quarter of this year, which may result in a depressed multiplier effect for the Kingdom’s GDP growth.

Prime Minister Prayut Chan-o-cha’s administration announced tax breaks for festive shoppers at the Cabinet meeting on Tuesday.

The measure comes on top of the Bt30,000 in deductible tax-expenses on tourism and travelling.

The shopping bonus was granted for taxpayers who buy goods and/or services of Bt15,000, who will have the tax deducted from their annual income tax returns according to their earnings.

For example, if your annual income is Bt1,5 million – which is subject to the maximum 20 per cent rate – you will receive Bt3,750 in tax refund if you spend Bt15,000 on goods in one go. In short, one can ask for maximum refunds ranging from Bt750 to Bt5,250 based on one’s personal income tax rate.

Details of the measure are almost the same as that corresponding scheme launched last year, except the shopping tax break lasts 10 days longer this year, effective from Wednesday to December 31.

Last year’s festive tax break saw consumer spending boosted by Bt9 billion, while the government lost total income tax of only Bt1.2 billion.

This year, the authorities expect a Bt20 billion boost in consumer spending during the final month, driving the estimated GDP growth rate from 3.1 per cent to 3.4 per cent for the last quarter and making an estimated average growth for the full year of 3.3 per cent. Thailand’s GDP growth rate in 2015 was 2.8 per cent.

Some experts criticise the measure, saying it will not only waste the state funds but also likely minimise the multiplier effect on GDP growth given that fewer consumers will spend money over uncertainty at the state of the global economy.

This year’s shopping tax break also merely repeats last year’s scheme, meaning the novelty for shoppers may have worn off. About four million taxpayers are believed to have benefited from last year’s shopping tax incentive, but that figure could fall this year. For instance, those who earn annual income of less than Bt300,000 will receive a maximum of only Bt750 in tax refund if they spend Bt15,000. That rate is too low to lure them to spend big.

Meanwhile, the list of goods and services not on the tax-exempt list is long and includes cars, motorcycles, boats, gold bullion, alcohol, insurance, surgery, fresh food, books and magazines, duty-free goods, fuel, and out-bound tours.

If people with high purchasing power want to save rather than to spend, the multiplier effect – whereby the government injects money to boost consumer spending and drive the economy – will be low. It appears that this government measure might not be worth the money, after all.

THE NATIONAL Legislative Assembly (NLA) will today proceed with the final reading of amendments to the Computer Crime Act BE 2550, despite 300,000 Internet users having voiced opposition to the bill, described by campaigners as a threat to human rights.

Meanwhile, Prime Minister Prayut Chan-o-cha said the bill had nothing to do with the so-called single gateway for Internet connections.

“Those who do not understand have been misled resulting in hundreds of thousands pressing ‘Like’ for the online petition against this bill. The government has no policy to use a single gateway for Internet connections. We cannot do that. We will only block pornographic and other inappropriate content [under the amended law].”

“This undesirable content harms people and your children. The new law is aimed at protecting the public good, not a blanket permit to surveil 70 million Thai people. We have seen many inappropriate and illegal websites and we need the legal tools to tackle them.”

However, the Thai Netizen Network and Amnesty International yesterday submitted a petition, signed by 300,000 Internet users, to the NLA urging lawmakers to reconsider the amendments on the grounds that they threatened human rights. The campaign was launched on the website Change.org.

Opponents said new stipulations infringing on human rights, freedom of expression and privacy still existed in the latest version passed by the NLA in its second reading last Friday.

Although there had been changes in the wording, Thai Netizen Network leader Sarinee Achavanuntakul said the essence of the law, particular Article 14, remained a threat to freedom of expression.

In the latest amendment, Article 14 includes a prohibition of posting “distorted” information on the Internet, which was the same wording used in the referendum law.

The activist said the Article could be used against people attempting to scrutinise authorities because of its vagueness. Many people had already been sued for defamation under Article 14 of the current Computer Crime Act, preventing them from addressing issues of concern, Sarinee said.

The activist expressed concern the amended version would further aggravate the human rights situation.

Another representative from the Thai Netizen Network, Arthit Suriyawongkul, said activist groups would continue their opposition to any laws that violate human rights, including the cybersecurity law recently passed by the National Reform Steering Assembly, even if the new Computer Crime Act is passed.

Piyanuch Kosot, director of Amnesty International Thailand, said the 300,000 Internet users endorsing the petition against the amendment showed that many people both inside and outside Thailand were watching for infringements of human rights.

She said laws should protect people’s rights, not violate them.

The letter and the list of supporters were received by the secretariat of the Senate Office, Wararat Atipat.

Public right to information

Meanwhile, Maj-General Ritt Indaravudh, head of the Army cyberwarfare command, said the NLA needed to heed public concerns regarding the amendments to the act.

He said the public needed more information on the merits of the new law since it was aimed at promoting the digital economy and society while protecting the rights of people from being violated in social and digital media.

However, people who infringe upon the rights of other people and break the law will be punished, he said.

Abhisit Vejjajiva, former PM and leader of Democrat party, said he was worried the new law could be abused by those in power for political benefit.

Paiboon Amonpinyokeat, an adviser to the NLA committee that drafted the amendments, said there were more advantages than disadvantages in the bill because all content, especially on social media, would be better filtered.

Libellous content would be more strictly defined to help to reduce the number of cases that do not meet the criteria, Paiboon said. Also, unsolicited messages and spam would be reduced, he added, saying that would help to reduce the cost of managing undesirable content.

People responsible for creating and promoting deceitful websites would be subjected to heavy criminal and civil penalties while platforms hosting illegal sites would not be legally liable but required to remove the sites immediately upon notice, Paiboon said.

Paiboon said there was concern regarding the blocking of content deemed inappropriate on moral and security grounds since a five-person committee, appointed by the Digital Economy and Society Ministry, would be empowered to remove content from the Internet even if it is not illegal.

However, he said the power to censor inappropriate content would need court approval while people who are negatively affected could got to court.

Following the one-hour interrogation of the suspect at the Metropolitan Police Bureau, Sanit told a press conference that police had spent days on the investigation and reviewed all related information to prevent criticism that they had sought a scapegoat in the case.

Police said they were confident the suspect was motorcycle taxi driver Ekburut Ritrakkhapan, which led to an arrest warrant.

Sanit said people Ekburut had been staying with arranged for him to surrender in Sakhon Nakhon’s Sawang Dindaen district after they realised he was wanted by police.

Admitting he was the person named in the arrest warrant, Ekburut confessed to having sex with the tourist but maintained it was consensual, Sanit said.

During the interrogation, he claimed the Australian woman had a fight with another person in a pick-up truck. When he went to help, she climbed onto his motorcycle.

He claimed they were both drunk and later had consensual sex in an abandoned building because he had no money to pay for a room. He also denied stealing valuables from the woman. He claimed he left the woman alone at the building after she turned down his offer to give her a lift.

Police took Ekburut to re-enact the alleged crime.

The 23-year-old woman, who is due to return to Australia next week, has told police she flagged a tuk-tuk for a ride back to her lodgings after drinking heavily but was taken to a secluded spot in front of a deserted building and attacked by the driver and his friend.

The warrant was issued after NRECSD police officers filed additional charges against people at the temple who were allegedly responsible for digging an unauthorised artesian well and other violations to the Building Act, the Factory Act, the Environment Act and the Public Health Act.

Authorities also reported that police had informed the temple about 43 separate offences.

Another source said deputy national police chief Pol General Srivara Ransibrahamakul yesterday afternoon met with Provincial Electricity Authority (PEA) governor Sermsakul Klaikaew to ask for the electricity to be cut to the temple while another police team was requesting that water will be cut.

Srivara was scheduled to preside over a meeting of police investigators, Army officers, administrative officials and related agency staff later yesterday at Pathum Thani’s Klong Luang Police Station to prepare for a search.

The NRECSD had previously obtained an arrest warrant for the temple’s founder and former abbot Phra Dhammachayo in relation to a land encroachment case in Nakhon Ratchasima.

Earlier this week, the Department of Special Investigation, which was told to apprehend the fugitive monk to face charges of money laundering and receiving stolen assets linked to the Klongchan Credit Union Cooperative embezzlement case, aborted their search of the temple and the previous warrant expires today.

Meanwhile, DSI dispatched drones to survey the temple’s surroundings yesterday afternoon, another source reported.

The temple reportedly comprises two sections – the 2,000-rai (320-hectare) section where the Mahavihara Phra Mongkolthepmunee, the International Dhammakaya Council and the Maha Dhammakaya Chedi are located, and another 196-rai, high-security section, where the fugitive monk might be located, the source said.

Representatives from regional press councils yesterday voiced concerns about the industry at a panel discussion hosted by the Southeast Asian Press Alliance.

They also shared experiences as “watchdogs of the watchdogs”, describing how the media industry as a vital public service was also interested in reviewing its own performance.

Journalists from Myanmar, Bangladesh, East Timor, the Philippines and Thailand joined the panel.

One of the shared concerns was inefficient motivational forces within media organisations, said Chavarong Limpattamapanee, National Press Council of Thailand president, adding that a lack of commitment resulted in some members feeling less obliged to follow codes of conduct.

Chavarong cited one incident when the council received a consumer complaint against member. “The outlet simply withdrew from the council once they learned action might be taken,” he said. “Many media [organisations] don’t see a problem in not being under the council’s umbrella as they can still run their businesses.”

Melinda Quintos de Jesus, executive director of the Philippines-based Centre for Media Freedom and Responsibility, said the country’s political culture was having a negative effect on the media industry. While the Philippine Press Institute had succeeded in establishing media rules, she said, they were followed only by members of the institute, while the rest of the media was not responsive by society.

“We tried to open channels to receive complaints from people [against] the media but we have received [only] a few so far,” she said.

Quintos de Jesus said the inability of the country’s media industry to regulate itself was a “failure of press culture” and she suggested that an actively engaged civil society would be a more effective regulator.

“Self-regulation has been an effort to maintain the independence of press organisations. But for most of the time, [regulating bodies] benefit only their participants,” she said.

Chavarong said civil society in Thailand tended to favour the media industry being externally regulated rather than self-regulating given the media’s low credibility in the eyes of the public.

Given Thailand’s current political environment, he said, a new draft bill introduced by the junta-appointed National Reform Council (NRC) aimed to set up a national media council that could overrule and legally sanction self-regulating media organisations.

The draft was submitted for the Cabinet’s consideration last year.

Like many speakers at the discussion, Chavarong said he believed that legally binding regulation of the industry would pave the way for authorities influencing media affairs and affecting press freedom.

To counter that, he said, media organisations planned to reform themselves by introducing a media ombudsman that does not require specific affiliation with organisations, speeding up the handling of complaints against the media and increasing the commitment of National Press Council of Thailand members.

He said media organisations would also propose an alternative to the NRC’s draft bill that would not be framed in terms of a legally binding government authority.

Demonstrators gathered in front of the BP Samila Beach Hotel in Songkhla from early morning in a bid to stop the hearing being held by the Marine Department. At 9.30am, they successfully breached the venue and continued to protest inside the meeting room.

Deputy Songkhla Governor Anuchit Trakulmututa said that although many protesters tried to shut down the session, it continued without incident. “The [security] officers are the ones to be applauded. The situation was under control and there was no violent clash,” he said.

The event was reportedly heavily guarded with hundreds of police and military personnel.

The Songkhla II deep-sea port is part of the bigger Satun-Songkhla Landbrige project. The proposed site for the seaport is at Ban Suankong in Tambon Nathap of Chana District, although three other sites were proposed at Ban Khoksak, Ban Thayang, and Ban Pakbang.

Anuchit stressed that the new seaport was essential for the province as it could save a lot of expense transporting goods from the region to elsewhere. He said the first Songkhla deep-sea port was getting close to its maximum capacity and the goods from Southern provinces had to transport to Penang Seaport in Malaysia instead.

Somboon Khamhang, secretary-general of the Non-Government Organisation Committee on Rural Development in the South, said that despite authorities proclaiming that the forum was a success, the meeting result should be considered void.

“The EIA [Environmental Impact Assessment] study and public hearing for only Songkhla II deep-sea port is unjust. This project links to the other projects such as Pak Bara deep-sea port and a railroad connection between two seaports to form the big Satun-Songkhla Landbrige project.

“They have to be studied as a whole in order to understand the impact from this mega-project,” he said.

“We will still carry on our campaign against these destructive projects because they will significantly transform the Southern Region into an industrial zone and devastate the pristine natural resources which foster the agricultural, fisheries and tourism economy of the region.”

He said the first public hearing on the Pak Bara deep-sea port in Satun will be held in Febuary 2017. This is the Andaman seaport for the Satun-Songkhla Landbrige project, and the people of Satun, Songkhla, and other protesters will be at the meeting to oppose the project.

Renu Vejaratpimol, an expert on EIA and former lecturer at Silpakorn University, warned that the separate EIA study and public participation will lessen the overall impact of the project and allow it to pass easier.

“I still cannot see any economic worthiness from this landbrige project and I do not think it is worth trading the rich natural resources for industry and the wealth of some top elite,” Renu said.

The plan relies on the government’s approval to spend Bt325.4 million improving the landscape and overall environment of the 1.5-kilometre-long Klong Ong Ang to develop a tourism attraction and recreational location for the public.

He said the city planned to build a dam, improve all five bridges along the canal, build a walkway underneath the bridges, improve the drainage system, install a wastewater treatment system to clean the canal water, and restore surrounding houses and buildings in line with the Rattanakosin-era site conservation.

He said the project was expected to begin next year and be completed by the end of the year or early 2018.