Advocacy Paper on Comparative Laws
of the Countries in the Mekong Sub-region
With Respect to Trafficking
in Women and Children
Save the Children works for

a world which respects and values each child

a world which listens to children and learns

a world where all children have hope and opportunity
Advocacy Paper on Comparative Laws
of the Countries in the Mekong Sub-region
With Respect to Trafficking
in Women and Children
by Edda Ivan-Smith, Consultant for
International Save the Children Alliance
Southeast, East Asia and Pacific Region
The research findings including the citations thereto are taken from the Comparative Study of the Legal
Provisions of the Six Countries in the Mekong Sub-region With Respect to Trafficking in Women and
Children written by Kulvadee Chuensiri while she was Advocacy Officer for Save the Children Alliance
South East Asia and Pacific, 2000-2001.
Published by International Save the Children Alliance
Southeast, East Asia and Pacific Region
Maneeya Centre 15th floor
518/5 Ploenchit Road
Bangkok 10330, Thailand
Tel: (66-2) 684-1046, 684-1047
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© Published by International Save the Children Alliance
Southeast, East Asia and Pacific Region
This publication is issued by the International Save the Children Alliance, Southeast, East Asia and
Pacific Region, for general distribution. It may be freely quoted or reproduced, without prior permission
from the International Save the Children Alliance, provided that the source is acknowledged. Note that
unofficial translations of the laws have been used in this study.
2
Contents
Foreword
4
Acknowledgements
6
Executive Summary
7
1. Introduction
Objectives of this Paper
Estimated Extent of Trafficking in Region
The Role of Regional Laws
The Role of International Laws and Agreements
The International Save the Children Alliance
Child Centred Programming
Child Rights Programming
10
10
10
10
10
11
12
12
2. Findings and Recommendations
General Findings and Recommendations
Summary of Findings and Recommendations of Key Laws
Prevention of Trafficking
Protection of Trafficked Victims
14
14
14
14
16
3. Examples of Current Learning
Legal Issues
Causes and Means of Trafficking
Research Information
24
24
24
24
4. Some Examples of Good Practice
Co-operation and Co-ordination
Research and Programme Activities
26
26
27
5. The Way Forward
Key Elements to Combat Trafficking
29
29
3
Foreword
The Save the Children Alliance is an association of autonomous, non-profit, nonsectarian, voluntary organisations working in over 100 countries throughout the world
for the betterment of children, their families and the environment. All our work is
based on the rights of the child, first advocated by the founders of Save the Children
and expressed today in the United Nations' Convention on the Rights of the Child.
Save the Children believes that the right to protection, development, nondiscrimination and participation are fundamental to the realisation of children rights.
Trafficking violates most of these fundamental rights. Children’s vulnerability is
exacerbated as the result of duty bearers insufficient awareness of the laws,
inadequate law enforcement, weak monitoring systems and lack of co-ordination
across borders. In addition, we need to listen and learn from children in mobilising
prevention work, ensuring more sensitive rescue and processing operations and
developing sensitive rehabilitation resources.
Laws go a long way to establishing minimum standards in regards to protection of
rights. Even in social settings where laws are frequently created and amended the
legal framework is one fundamental component in the co-ordinated effort to combat
trafficking operations.
Comparative Study of the Legal Provisions of the Six Countries in the Mekong Subregion With Respect to Trafficking in Women and Children relates directly to
trafficking and more indirectly to the root causes. It should be of use to government
agencies, community based organisations entrusted with the task of combating
trafficking and students of the law. This study could be a resource from which to
develop primers informing those working at a community level of the basic legal
concepts and instruments they need in their everyday work.
Considerable efforts have been made to ensure that all relevant legal documents
have been included in this study however, this is an initial work in progress, the laws in the six
countries are changing rapidly and efforts will need to be made by those using the material to
keep their information up-dated. Other organizations such as ESCAP and ECPAT are
engaged in similar work and we would like to encourage further studies. For example, based
on the information contained in our various studies, previews or guidebooks could be
developed or designed to support those working at the community level. Likewise, further
studies compiling official English translations of laws similar to those categories studied in this
research would also be useful in regards to all ASEAN countries.
The second document, Advocacy Paper on Comparative Laws of the Countries in the
Mekong Sub-region With Respect to Trafficking in Women and Children, is intended
as a resource in drawing together understanding of human rights issues in regard to
trafficking in children. The document also highlights some current initiatives in the
Mekong region and suggests pointers for further development of advocacy work.
Comparative Study of the Legal Provisions of the Six Countries in the Mekong Subregion with Respect to Trafficking in Women and Children was written by Kulvadee
Chuensiri while she was Advocacy Officer for Save the Children Alliance South East
Asia and Pacific, 2000-2001. Jonathan Howard George has been responsible for
editing and updating the document during 2001 with Kulvadee Chuensiri. Advocacy
Paper on Comparative Laws of the Countries in the Mekong Sub-region With
Respect to Trafficking in Women and Children was written and compiled by Edda
4
Ivan-Smith, consultant for Save the Children Alliance. Save the Children Norway and
Save the Children Sweden have co-funded this work on behalf of the Save the Children Alliance.
Britta Öström
Chairperson of the International Save the Children Alliance
Steering Committee Southeast, East Asia and the Pacific, 2001.
5
Acknowledgements
The following people have made invaluable comments and contributions to this
report. Kulvadee Chuensiri former Regional Advocacy Officer Save the Children
Alliance SEAP Region, Dotti McArthur (Save the Children Sweden), Nwe Nwe Aye,
John Parry-Williams (Save the Children South East Asia Regional Office), Jay
Wisecarver (Save the Children Alliance), Phil Marshall (UN Interagency Project),
Laura Skonlink (ESCAP), Margie de Monchy (UNICEF), Kiki Von Kessel
(International Organisation for Migration), Hans Van De Glind (ILO/IPEC), Muiream
O’Briain (ECPAT), Jan Boontinand (Global Alliance Against Trafficking of Women).
6
Executive Summary
1. Introduction
Objectives of this Paper
This paper is part of a wider Alliance advocacy project within the Mekong region to
combat trafficking. The objectives of this project are to:




Facilitate the establishment of regional mechanisms to combat trafficking
To mobilise regional responses and co-operation among governments in this
region
To raise awareness of the government and the public on the issue of
children's rights/trafficking in children
To survey and document experiences from other organisations.
The research findings including the citations thereto are taken from the Comparative
Study of the Legal Provisions of the Six Countries in the Mekong Sub-region with
Respect to Trafficking in Women and Children.
Estimated Extent of Trafficking in Region
It is estimated that up to 300,000 women and children are subjected to 'slavery like'
conditions1 in the Mekong Delta region.2
The Role of Regional Laws
Good laws are not the only solution to the problem of trafficking. Political
commitment, social, and economic changes, and better state capacity are needed.
The Role of International Laws and Agreements
Every country in the Mekong region has signed and ratified the United Nations
Convention on the Rights of The Child (UNCRC). There are several articles, which
are especially relevant for children who have been trafficked and whom are being
exploited and abused.
Child prostitution and trafficking are identified throughout the ILO Convention 182,
which addresses the worst forms of child labour.
The International Save the Children Alliance
The International Save the Children Alliance works to ensure that all children and
young people under the age of 18 shall have their rights under the UNCRC satisfied.
2: Findings and Recommendations
1
International organisation of Migration study cited in [2000]: UNICEF Every Last Child: Fulfilling the
Rights of Women and Children in East Asia and the Pacific p 31.
2 This comprises Cambodia, Lao PDR, Myanmar, Thailand, Vietnam and the Chinese province of
Yunnan
7
General Findings and Recommendations
Currently there are many regional and national laws in place that are adequate.
However there are problems with enforcement, and monitoring and the dissemination
of information about certain laws. There is no common legal definition of trafficking in
the region.
Summary of Findings and Recommendations of Key Laws
Marriage: Minimum marriage ages vary from country to country. Forced marriage is
prohibited or void under the laws of Cambodia, Lao, China and Vietnam.
Recommendation: As forced marriage is a favoured method for trafficking,
improving the enforcement of the forced marriage law would help to counter
trafficking. The minimum age for marriage throughout the region should be the same
and observed systematically. Within the context of international agreements, the
marriage age should be no lower than eighteen.
Alimony/spousal support: Under the laws of the six countries, spousal
maintenance is given to the spouse who cannot support him/herself or who is facing
economic difficulties. In Cambodia, failure to pay spousal maintenance is a crime
under the law in Cambodia.
Recommendation: There is growing evidence that many women who are trafficked
or in trafficking situations have been unable to receive alimony from their spouses.
Needing income for their children has forced them into trafficking situations. This in
turn obviously makes the children of these women very vulnerable to trafficking
themselves. Better enforcement of maintenance laws need to be practised. There
also needs to be better tracing of absent spouses who do not pay maintenance or
child support.
3. Examples of Current Learning
What follows are some key lessons learned from research, and project experience
from a range of different organisations working in the Mekong sub region.



Anti-immigration laws often used against trafficking victims
Alimony laws, particularly in Thailand are not well enforced.
Lack of capacity and of commitment often hinders the enforcement of good
laws in the region.
4. Some Examples of Good Practice
The following are some examples of good practice within the Mekong region. These
examples come from different originations, NGOs, governmental and
intergovernmental agencies throughout the region.


In Cambodia the Ministry of Social Affairs, Vocational Training and Youth
Rehabilitation and Cambodian NGOs are defining roles in complementary
ways.
Vietnam and China have a bilateral agreement.
5. The Way Forward
8
Measures to combat trafficking of women and children need to include a host of
different players. Legal provisions are important but attitudinal changes and the
improvement of general provisions for children are also needed.
Key Elements to Combat Trafficking







Strengthen law enforcement to be more child sensitive and child focused.
Ratify international agreements and develop systematic monitoring for
progress.
Raise public awareness of children’s rights and the existence of relevant antitrafficking laws.
Build capacity of state infrastructures, by training to enforce laws.
Improve co-operation between countries and sectors within countries and the
Mekong region.
A commitment to children’s rights and women's rights should inform all antitrafficking polices and interventions.
Support to community-based initiatives.
9
1. Introduction
Objectives of this Paper
This paper is part of a wider Alliance advocacy project within the Mekong region to
combat trafficking. The objectives of this project are to:




Facilitate the establishment of regional mechanisms to combat trafficking
To mobilise regional responses and co-operation among governments in this
region
To raise awareness of the government and the public on the issue of
children's rights/trafficking in children
To survey and document experiences from other organisations.
Estimated extent of Trafficking in Region
It is estimated that up to 300,000 women and children are subjected to 'slavery like'
conditions3 in the Mekong Delta region.4 According to a recent UNICEF report from
Beijing, in recent decades more than a quarter of a million women and children have
been victims of trafficking within China alone. The International Labour
Organisation's IPEC has estimated that Thailand has some 16,000 non-Thai
prostitutes, of whom around a third are under 18 years old. Of these, a significant
number have been trafficked. These figures are probably conservative, as the extent
of the problem is difficult to measure because of its illegal nature. Furthermore, the
distinction between migration and trafficking is often hard to make. In most cases
until the point of border crossing, the potential victim is a ‘willing traveller’ who sees
the ‘trafficker’ as an ally rather than an enemy.5The secrecy that surrounds illegal
migration or trafficking adds to the difficulty to quantifying this problem. Tackling this
problem requires a multi-agency approach embracing economic policies that reduce
the need for illegal trafficking, gender sensitivity in education and cultural
programmes, and the simplification of inter-country travel.
The Role of Regional Laws
Good laws are not the only solution to the problem of trafficking. Political
commitment, social, and economic changes, and better state capacity are needed.
This would involve the judiciary, police force, social workers, and departments
responsible for the welfare of children and women. However, legal instruments
provide a starting point and minimum standards and protection for women and
children. They also provide accountability and enable citizens including children to
demand better enforcement of laws to protect them.
The Role of International Laws and Agreements
Every country in the Mekong region has signed and ratified the United Nations
Convention on the Rights of The Child (UNCRC). There are several articles, which
are especially relevant for children who have been trafficked and whom are being
exploited and abused. The UNCRC addresses economic exploitation and work that is
harmful for children (Article 32) and sexual exploitation and abuse (Article 34). It also
3
International organisation of Migration study cited in [2000]: UNICEF Every Last Child: Fulfilling the
Rights of Women and Children in East Asia and the Pacific p 31.
4 This comprises Cambodia, Lao PDR, Myanmar, Thailand, Vietnam and the Chinese province of
Yunnan
5 [1999]: UNICEF, Today’s Child, Tomorrow’s Woman
10
pledges that states shall ensure that a child shall not be separated from his or her
parent against their will (Article 9) and that states shall take all appropriate measure
to promote physical and psychological recovery and social reintegration of a child
victim of any form of neglect, exploitation or abuse (Article 39). In the UNCRC, it was
agreed “States Parties shall take all appropriate national, bilateral and multilateral
measures to prevent the abduction of, the sale of or traffic in children for any purpose
or in any form” (Article 35). The CRC with the Optional Protocols also state that the
child should be ensured such protection and care as is necessary for his or her
development and well being, without discrimination of any kind. It also gives the child
a right to express his or her views freely in all matters that affect her or him and that
in all actions taken the best interest of the child shall be the primary consideration
(Article 12).
These countries have also filed reports to the UN Committee On The Rights The
Child on their progress in meeting the objectives of the UN CRC. Although this is to
be applauded, the region is poorly represented among the signatories for the optional
protocol to the UN CRC to suppress and punish trafficking in persons.
As of October 7, 2001, none of the six Mekong sub region countries was among the
eighty-one signatories of the November 2000 UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children. This was adopted, to
supplement the UN Convention against Transnational Organised Crime. That is now
the internationally agreed definition of trafficking in persons. It states that;
“Trafficking in persons” shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other
forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person, for the purpose
of exploitation. Exploitation shall include, at a minimum, the exploitation of the
prostitution of others or other forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the removal of organs.
There has been good progress on national plans of action that were part of the
Stockholm Congress Declaration in 1996. This document, as well as being strong
against the sexual exploitation of children also places emphasis on children’s
participation which the Alliance supports and would urge governments to facilitate.
Specifically the Stockholm Agenda for Action state s that there is a need to:
Promote the participation if children including child victims, young people, their
families peers and others who are potential helpers of children so that they are able
to express their views and to take actions to protect children and to assist child
victims to be reintegrated into society.
Support networks of children…and young people as advocates of child rights and
include children, according to their evolving capacity in developing and implementing
government and other programmes concerning them.
Enable children and young people to participate in decision-making bodies and
organisations of concern to them.
The International Save the Children Alliance
The International Save the Children Alliance works to ensure that all children and
young people under the age of 18 shall have their rights under the UNCRC satisfied.
11
The rights perspective means that children are entitled to impose demands upon the
government in their own countries and on the international community.
Child Centred Programming
In its programme work and advocacy, the International Save the Children Alliance
places great emphasis on a child-centred approach that is sensitive to gender and
other issues of difference, such as ethnicity and disability. In all its work, including
trafficking projects the Alliance sees gender and disability as primary issues that
should inform better planning and project implementation. Particular social dynamics
that impact on females and males need to be part of the problem definition and
problem resolution.
Particular factors that might contribute to a child being ‘disabled’ and possibly more
vulnerable to being trafficked need to be taken into account. Both girls and boys need
to be made visible in research and any factors specific to gender identified and
addressed. In legal matters, relating to child trafficking this would mean having the
best interests of the child paramount in any legal intervention. The level and quality of
children’s participation needs to be a primary consideration in the implementation
and monitoring of laws against trafficking of children.
Save the Children UK’s cross border project6 has employed a participatory approach.
This project and other participatory projects of the Alliance have strengthened the
importance of including children in any initiative to combat trafficking. For example,
one of the findings of the cross border study revealed that children identified lack of
care and protection within the family as increasing their vulnerability to being
trafficked. This is a finding, which should lead to better the strengthening of better
government social services that monitor and enforce the protection of children.
Child Rights Programming
Save the Children has been actively involved in disseminating information about
children’s rights in the region. The scope of effort in the region ranges from raising
awareness of children's issues in Myanmar to Child Rights Programming training in
many countries to involving children in country, regional, and global political
processes. In general, the children's advocates and workers in the region have
moved beyond simple awareness of CRC training. The scope of effort in the region
ranges from raising awareness of children's issues in Myanmar to Child Rights
Programming training in many countries to involving children in country, regional, and
global political processes. In general, the children's advocates and workers in the
region have moved beyond simple awareness of CRC training.
A major push has been to inform children and young people of their rights and
involve them in the discussions in the region and at the country level of the
accomplishments and areas still needing work from the World Summit for Children
Goals. A key activity has been the discussion of the outcome document — A World
Fit for Children — and preparing children and young people to be able to participate
substantively.
This process has involved children and young people in many different ways,
depending on how the partners (Save the Children, PLAN International, World Vision,
Malaysian Child Resource Institute, Thai National Council for Child and Youth
Development, Child Workers in Asia and UNICEF) have been able to take it forward.
6
See Current learning for more details of the findings of this project
12
Many countries had a national forum to solicit ideas from the children and young
people and to also select representatives to regional events.
There have been two regional fora — the first collecting ideas and selecting
participants for the Regional Ministerial Consultation Shaping the Future for Children
in East Asia and the Pacific held May 2001 in Beijing. The second was to prepare
and select children and young people to represent the region at the UN Special
Session on Children.
UNICEF and the Save Alliance worked closely with the Lao Youth Union and with the
National Commission for Mothers and Children to host the second regional forum
discussed above. It was used as a high profile advocacy opportunity, with an official
government opening and with a presentation of a statement by the participants at the
Official closing ceremony. Additionally in Lao PDR, there is support from the Ministry
of Justice for a more rights based approach in the area of juvenile justice.
Listening to the wishes of children, especially regarding repatriation and rehabilitation
programmes would also increase the capacity of relevant authorities to design
appropriate reintegration projects for children. Awareness –raising of children’s rights
among children and their families is another important element of prevention that the
Alliance supports. If children and their families are informed about the dangers of
trafficking, they will be better able to implement strategies for prevention.
13
2. Findings and Recommendations
General Findings and Recommendations
Currently there are many regional and national laws in place that are adequate.
However there are problems with enforcement, and monitoring and the dissemination
of information about certain laws. There are also inconsistencies in laws within the
region. There is no common legal definition of trafficking in the region. Although
some of the existing national laws have the term 'traffic' or 'trafficking' in their titles,
others which are used against trafficking do not use such a term at all but use terms
such as abduction/kidnap. These types of discrepancies make the implementation of
laws that affect different borders difficult to enforce and very often make victims of
trafficking more vulnerable. It is for this reason that we would urge governments to
sign the UN Protocol.
The Mekong region has several good laws for the protection of women and children
from trafficking, and prostitution. In some case these laws are well implemented,
however, in others the laws are not well enforced and are not well understood. In
some cases, national laws actually lead to the victimisation of those being trafficked.
At present, many of the laws against trafficking tend to protect legal citizens of
countries and not children and women who have been illegally trafficked across
borders. For example, immigration laws in all countries except Lao PDR, impose
penalties on those who have entered or stayed in the country illegally regardless of
the cause. There are also issues of capacity. This extends beyond the remit of
judicial procedures. The skills of police officers and social workers in children's rights
and juvenile justice procedures are often lacking. In Lao, capacity building and new
approaches in juvenile justice have recently begun. Mechanisms and structures need
to be put into place to make existing laws function more effectively. The monitoring of
existing laws needs to be more uniform in order to identify if there is a need for new
laws or simply better enforcement of existing ones.
Summary of Findings and Recommendations of Key laws
Prevention of Trafficking

Marriage: Minimum marriage ages vary from country to country. For
Cambodia and Vietnam the minimum marriage, ages are twenty for men and
eighteen for women. In Lao the minimum marriage age is eighteen for both
sexes; in China it is twenty-two for men and twenty for women; in Thailand it
is seventeen for both sexes and for Myanmar it is fourteen for Buddhist
women and sixteen for Christian women. Forced marriage is prohibited or
void under the laws of Cambodia, Lao, China and Vietnam. Thai law provides
that a marriage made due to fraud or duress is voidable. Myanmar is the only
country that does not have any specific provision on forced marriage.
Recommendation: As forced marriage is a favoured method for trafficking,
improving the enforcement of the forced marriage law would help to counter
trafficking. Although forced marriage is prohibited in all Mekong countries the
current legal provisions may not have provided sufficient means to prevent
and protect women and children from becoming victims of trafficking. The
minimum age for marriage throughout the region should be the same and
observed systematically. Within the context of international agreements, the
marriage age should be no lower than eighteen.
14

Child Support: Child support as well as spousal maintenance are provided in
the laws of the six countries except Myanmar where there is no specific
provision on the determination of the amount of child support. All the other
five countries provide that the amount of child support shall be in accordance
with the divorce parents' agreement failing which shall b e in accordance with
the court judgement. In Cambodia, Lao and Myanmar, the child support
obligation continues until the child reaches majority. In China, the parties or
the court, as the case may be, shall agree on the duration of child support.

Alimony/spousal support: Under the laws of the six countries, spousal
maintenance is given to the spouse who cannot support him/herself or who is
facing economic difficulties. In Cambodia, failure to pay spousal maintenance
is a crime under the law in Cambodia.
Recommendation: Although the laws governing financial security after
divorce are quite stringent, many women and children are left penniless after
divorce. There is growing evidence that many women who are trafficked or in
trafficking situations have been unable to receive alimony from their spouses.
Needing income for their children has forced them into trafficking situations.
This in turn obviously makes the children of these women very vulnerable to
trafficking themselves. Better enforcement of maintenance laws need to be
practised. There also needs to be better tracing of absent spouses who do
not pay maintenance or child support.

Child Adoption: The laws on child adoption of each of the six countries in
the Mekong sub region vary significantly. Of the six countries, Cambodia7 has
the lowest maximum age for an adopted child (eight years of age) while
Thailand does not prescribe the maximum age of an adopted child and
Vietnam8 allows adoption of any person over fifteen years of age if he/she is a
war invalid, disabled person. The qualifications of adoptive parents required
by each of the six countries also vary.
Most countries place the emphasis on the age of the adoptive parents and the
age difference between the adoptive parents and adopted child. Vietnam,9
which has the most extensive qualifications is the only country which includes
conditions relating to commission of a crime in the qualifications of the
adoptive parents, have conditions to ensure the care, support and education
of their adopted child, have not had their parental rights restricted. inciting or
forcing a juvenile to commit an offence; trafficking in, fraudulently exchanging
or abducting children; sexually abusing children; and enticing or forcing their
children to act against the law or social morality.
7
The Kingdom of Cambodia Law on the Marriage and Family, art. 110 (1989). Lao PDR requires that
the adopted child must be a minor (less than eighteen years of age). Lao People’s Democratic Republic
Family Law, art. 38 (1990). China requires that the adopted child must be under fourteen years of age
who is an orphan or abandoned or whose parents cannot rear them due to unusual difficulties but this
does not apply to the adoption by overseas Chinese of blood relatives of the same generation and up to
third degree of kinship. The People Republic of China Adoption Law, art. 4, 7 (1991). The Union of
Myanmar requires that the adopted child must be less than sixteen years of age. The Union of
Myanmar Child Law, art. 17 (1993).
8 The Socialist Republic of Vietnam Law on Marriage and Family, art. 68 (2000). Under such provision,
the adopted child generally must be fifteen years of age or younger.
9 The Socialist Republic of Vietnam Law on Marriage and Family, art. 69 (2000).
15
Consent of the natural parents or guardians are required for the adoption of
minor children in all countries10 except Myanmar. Consent from the adopted
child is also required where the adopted child is at least nine years of age in
Vietnam adoption, each of the other countries11 allows adoption of its citizens
by foreigners provided that such adoption complies with the law of the country
where the adopted child is a citizen and that the required information and
documents have been received.
Recommendation: Each country should expressly prescribe qualifications of
the adoptive parents, particularly with respect to criminal records and risk
factors.
Adoption should be processed through government or licensed agencies
where there is a sufficient system of review and verification of information
given by the applicant. This also requires better research and monitoring of
prospective adoptive parents. Inter government co-operation is also needed.
For example the judiciary, police force education and welfare services should
work together cohesively in reviewing each case of adoption. Consultation
with the prospective adopted child should be the first step. Vietnam’s legal
requirement for a child’s consent should be replicated throughout the region
and the age of consultation should be lowered. Children as young as two or
three can voice their opinions about carers or potential carers. The child’s
informed consent should be obtained where he/she is able to give it. There
should be opportunities for children to object to adoption or to raise issues of
concern. The capacity of social workers to work with and listen to children and
in confidence should be strengthened to allow the adoption process to be as
child focused as possible.
Protection of Trafficked Victims

Civil Liability: The laws of all six countries in the Mekong sub region are
quite similar with respect to civil liability. With respect to contractual liability,
these laws 12 provide that an enforceable contract must arise out of free will
and must have a lawful objective. Further, a contract whose object is unlawful
or entered into by fraud or coercion, are void. Under the laws of Cambodia, 13
China,14 Thailand15 and Vietnam,16 a consent from a legal representative or
guardian is required for a contract entered into by a minor.
The Kingdom of Cambodia Law on the Marriage and Family, art. 112 (1989); Lao People’s
Democratic Republic Family Law, art. 38 (1990); The People’s Republic of China Adoption Law, art. 1011 (1991); Thailand Civil and Commercial Code, sec. 1598/20-1598/25; The Socialist Republic of
Vietnam Law on Marriage and Family, art. 71 (2000).
11 The Kingdom of Cambodia Law on the Marriage and Family, art. 109 (1989); Lao People’s
Democratic Republic Family Law, art. 51 (1990); The People’s Republic of China Adoption Law, art. 20
(1991); Thailand Ministerial Regulation No. 2 Issued Under the Adoption Act (1979), cl. 1 (Jan. 14,
1980); The Socialist Republic of Vietnam Law on Marriage and Family, art. 105 (2000).
12 The Kingdom of Cambodia Decree No. 38D Referring to Contract and Other Liabilities, art. 3, 14-15
(Oct. 28, 1988); Lao People’s Democratic Republic Law on Contractual Obligations, art. 5-7 (1990); The
People’s Republic of China General Principles of Civil Law, art. 11-12, 58 (1986); Thailand Civil and
Commercial Code, sec. 149; The Socialist Republic of Vietnam Civil Code, art. 131 (1995); The Union of
Myanmar Contract Act, sec. 10-18, 23 (1872).
13 The Kingdom of Cambodia Decree No. 38D Referring to Contract and Other Liabilities, art. 15 (Oct.
28, 1988).
14 The People’s Republic of China General Principles of Civil Law, art. 12, 14, 16 (1986).
15 Thailand Civil and Commercial Code, sec. 21, 23-24.
16 The Socialist Republic of Vietnam Civil Code, art. 22 (1995).
10
16
Recommendation: Many trafficked victims enter into labour or marriage
contracts due to fraud, duress, mistake, or threat. Such contracts are void or
voidable under the laws of the six countries in the Mekong sub region.
Potential trafficked victims and their families should therefore be educated on
such laws so that they can better protect themselves against the traffickers
and exercise their rights to annul such contracts (in the event that they have
already entered into such contracts). Potential trafficked victims and their
families should also be educated on the laws relating to non-contractual
liability so that they may exercise their rights to claim for compensation from
the traffickers who cause damage or injury. This training should be done
within the context of human and children’s rights as part of general life skills
training.

Criminal Liability: Commission of a criminal offence within the territory of
each of the six countries in the Mekong sub region is subject to the criminal
law or penal code of such country.17 With the exception of Cambodia where
there is no specific provision relating to the application of its criminal law to
offences committed outside its territory, the penal code or criminal law of each
country in the Mekong sub region is also applicable to commission of the
offence outside the territory of such country provided that the offender is a
citizen of such country or is an alien or stateless person who resides in such
country.18 The law of Lao PDR and Vietnam further provide that their penal
codes shall apply to foreigners if so prescribed by international treaties signed
or acceded.19 The Thai Penal Code also provides that persons committing
crimes relating to human trafficking outside the Kingdom shall be punished in
the Kingdom.20 The Penal Code of Myanmar also applies to any person who
commits an offence outside Myanmar but which by law may be tried in
Myanmar.
Recommendation: The criminal laws of each of the six countries in the
Mekong sub region should specifically provide that the commission of the
offence of human trafficking outside its respective territory by any person
(regardless of his/her nationality and the nationality of the injured persons)
shall be subject to prosecution and punishment under such country’s criminal
law.
All six countries in the Mekong sub region should adopt a common definition
of the crime of human trafficking, which definition should at least incorporate
the definition provided in the United Nations Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention Against Transnational Crime.
Each of the country in the Mekong sub region should prescribe criminal
offences to which traffickers may be subject, these should include money
laundering and participating in a criminal syndicate.
17
The Kingdom of Cambodia Provisions Relating to the Judiciary and Criminal Law and Procedure
Applicable in Cambodia During the Transitional Period (1992); Lao People’s Democratic Republic Penal
Code, art. 3 (1989); The People’s Republic of China Criminal Law, art. 6 (1997); Thailand Penal Code,
sec. 4-5; The Socialist Republic of Vietnam Penal Code, art. 5 (1999); The Union of Myanmar Penal
Code, sec. 2 (1861).
18 Lao People’s Democratic Republic Penal Code, art. 4 (1989); The People’s Republic of China
Criminal Law, art. 7 (1997); Thailand Penal Code, sec. 7-8; The Socialist Republic of Vietnam Penal
Code, art. 6 (1999); The Union of Myanmar Penal Code, sec. 3-4 (1861).
19 Lao People’s Democratic Republic Penal Code, art. 4 (1989); The Socialist Republic of Vietnam
Penal Code, art. 6 (1999).
20 Id. sec. 7.
17

Age of Criminal Liability: With the exception of Cambodia where there is no
specific provision prescribing the age of criminal culpability, each of the other
five countries prescribes the minimum age of criminal liability. They vary from
age seven, in Myanmar to 16 in Vietnam.
Recommendation: There should be an agreed minimum age for criminal
responsibility within the region. In accordance with the UNCRC Article 40,
child offenders, those under the age of 18, governments should ensure that:








The child is informed promptly and directly about charges against them
Have legal and other appropriate assistance
Not to be compelled to give testimony or to confess guilt
To have the free assistance of an interpreter if needed.
To have his/her privacy fully respected.
Where appropriate efforts should be made to deal with child offenders
without resort to judicial proceedings.
A variety of support, such as care, guidance, supervision orders,
counselling and education and alternatives to institutional care should be
available.
Offence of Human Trafficking: With the exception of Lao PDR, the laws of
the other countries21 in the Mekong sub region expressly prescribe human
trafficking as a criminal offence. However, the scope of the crime of human
trafficking varies from country to country.
Cambodia22 defines the crime of trafficking as luring a human person, male or
female, minor or adult, of whatever nationality by ways of enticing, or
promising to offer any money or jewellery, without consent of such person, by
forcing, threatening or using hypnotic drugs in order to kidnap such person for
trafficking/sale or for prostitution inside or outside Cambodia. The law of
Vietnam23 provides that trafficking in women and trading in, fraudulently
exchanging or appropriating children in any form are criminal offences. Thai
law24 prescribes that procuring, luring, trafficking a man or a woman even with
his or her consent for an indecent sexual act with another person is a crime.
Receiving, selling, procuring, luring, or trafficking a person for illegal benefits
is also a crime under Thai law. 25 Thai law also provides that taking or sending
a person out of the Kingdom by using fraudulent or deceitful means, threat,
violence, unjust influence or compulsion26 as well as bringing in or sending a
person out of the Kingdom, buying or selling a person in order to enslave
such person are criminal offences.27 The laws of Cambodia28 and Thailand29
21
The Kingdom of Cambodia Law on Suppression of the Kidnapping, Trafficking and Exploitation of
Human Persons, art. 2-3 (1996); The People’s Republic of China Criminal Law, art. 240 (1997);
Thailand Penal Code, sec. 282-284, 312-312 ter., 317-310; Thailand Act on Measures in Prevention and
Suppression of Trafficking in Women and Children, sec. 6 (1997); The Socialist Republic of Vietnam
Penal Code, art. 119-120 (1999); The Union of Myanmar Penal Code, sec. 362-368 (1861).
22 The Kingdom of Cambodia Law on Suppression of the Kidnapping, Trafficking and Exploitation of
Human Persons, art. 2-3 (1996).
23 The Socialist Republic of Vietnam Penal Code, art. 119-120 (1999).
24 Thailand Penal Code, sec. 282.
25 Id. sec. 283.
26 Id. sec. 320.
27 Id. sec. 312-312 bis.
28 The Kingdom of Cambodia Law on Suppression of the Kidnapping, Trafficking and Exploitation of
Human Persons, art. 2-3 (1996).
29 Thailand Penal Code, sec. 282-283.
18
cover trafficking of men and women while the laws of China30 and Vietnam31
cover trafficking of women and children. The law of Myanmar32 only covers
trafficking of women and girl children. Only the laws of Cambodia 33 and
Thailand34 deem that the offence of human trafficking can be committed even
with the victim’s consent.
Recommendation: There are certain restrictions with respect to the
application of the criminal law of each country in the Mekong sub region to
offences committed outside its territory. Since cross border trafficking involves
more than one country and in order to facilitate the prosecution of traffickers,
each country in the Mekong sub region should allow the prosecution of
traffickers in its respective country (regardless of the nationalities of the
traffickers and injured persons) even though the offence is committed outside
its territory. The criminal laws of each of the six countries in the Mekong sub
region should specifically provide that the commission of the offence of
human trafficking outside its respective territory by any person (regardless of
his/her nationality and the nationality of the injured persons) shall be subject
to prosecution and punishment under such country’s criminal law.
The definition of the offence of human trafficking also varies from country to
country. It is therefore possible for an offender of such crime to be prosecuted
and punished by the law of one country and not by the law of another country.
Therefore, in order to facilitate the prosecution of traffickers, all six countries
in the Mekong sub region should adopt a common definition of the crime of
human trafficking, which definition should at least incorporate the definition
provided in the United Nations Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, Supplementing the
United Nations Convention Against Transnational Crime, which provides as
follows:
1. “Trafficking in persons” shall mean the recruitment, transportation,
transfer, harbouring or receipt of persons, by means of the threat or use of
force or other forms of coercion, of abduction, of fraud, of deception, of
the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of exploitation.
Exploitation shall include, at a minimum, the exploitation of the prostitution
of others or other forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the removal of organs;
2. The consent of a victim of trafficking in persons to the intended
exploitation set forth in subparagraph (a) of this article shall be irrelevant
where any of the means set forth in subparagraph (a) have been used;
3. The recruitment, transportation, transfer, harbouring or receipt of a child
for the purpose of exploitation shall be considered “trafficking in persons”
even if this does not involve any of the means set forth in subparagraph
(a) of this article;
4. “Child” shall mean any person under eighteen years of age.”
The People’s Republic of China Criminal Law, art. 240 (1997).
The Socialist Republic of Vietnam Penal Code, art. 119-120 (1999).
32 The Union of Myanmar Penal Code, sec. 366-367 (1861).
33 The Kingdom of Cambodia Law on Suppression of the Kidnapping, Trafficking and Exploitation of
Human Persons, art. 2-3 (1996).
34 Thailand Penal Code, sec. 282.
30
31
19
The gender of the victims should be irrelevant to sexual related crimes such
as rape or prostitution under the criminal laws of the six countries in the
Mekong sub region.
The ratification of this protocol in the region would help to harmonise the
regional laws in the region and we would urge countries to ratify. It is
particularly good that is stipulates that the consent of a person under 18 does
not ‘legalise’ trafficking of minors.

Criminal Procedures: All six countries35 have laws on criminal procedures
but Thailand36 is the only country, which provides specific procedures for
human trafficking cases. Thai law37 also contains many “child-sensitive”
provisions. It should also be noted that the New Code of Criminal Procedures
of Cambodia is currently being drafted and reviewed.
With respect to the taking of a minor’s statement (as the accused, victim or
witness), the laws of Lao PDR,38 China39 and Vietnam40 provide that the
statement of a minor must be taken in the presence of his/her parent, legal
representative, or teacher. The laws of Cambodia41 and Vietnam42 prescribe
that the witness’ statement may be taken at the witness’ domicile provided
that with respect to Cambodia,43 such taking of the witness’ statement will be
allowed in necessary cases where the witness is sick or cannot travel.

Trial proceedings: With respect to the language used in the trial, only the
laws of Lao PDR,44 Thailand,45 and Vietnam46 allow the use of an interpreter
for participants in the proceedings who cannot speak or understand the
national language of the respective country. All six countries in the Mekong
sub region47 require that the trial be conducted in public with certain
exceptions. Under the law of Cambodia,48 the proceedings may be closed to
the public if the victim so requests and the judge concurs. The law of Lao
35
The Kingdom of Cambodia Provisions Relating to the Judiciary and Criminal Law and Procedure
Applicable in Cambodia During the Transitional Period (1992); Lao People’s Democratic Republic
Criminal Procedure Law (1989); The People’s Republic of China Criminal Procedure Law (1996);
Thailand Criminal Procedure Code; The Socialist Republic of Vietnam Criminal Procedure Code (1988);
The Union of Myanmar Criminal Procedure Code (1898).
36 Thailand Act on Measures in Prevention and Suppression of Trafficking in Women and Children
(1997); Thailand Memorandum of Understanding on Common Guideline of Practices for Agencies
Concerned with Cases Where Women and Children Are Victims of Human Trafficking (Jun. 30,1999).
37 Thailand Criminal Procedure Code.
38 Lao People’s Democratic Republic Criminal Procedure Law, art. 34 (1989).
39 The People’s Republic of China Criminal Procedure Law, art. 14, 98 (1996).
40 The Socialist Republic of Vietnam Criminal Procedure Code, art. 110 (1988).
41 The Kingdom of Cambodia Provisions Relating to the Judiciary and Criminal Law and Procedure
Applicable in Cambodia During the Transitional Period, art. 85 (1992).
42 The Socialist Republic of Vietnam Criminal Procedure Code, art. 110 (1988).
43 The Kingdom of Cambodia Provisions Relating to the Judiciary and Criminal Law and Procedure
Applicable in Cambodia During the Transitional Period, art. 85 (1992).
44 Lao People’s Democratic Republic Criminal Procedure Law, art. 9 (1989).
45 Thailand Criminal Procedure Code, sec. 13.
46 The Socialist Republic of Vietnam Criminal Procedure Code, art. 21 (1988).
47 The Kingdom of Cambodia Provisions Relating to the Judiciary and Criminal Law and Procedure
Applicable in Cambodia During the Transitional Period, art. 23, 128-129 (1992); Lao People’s
Democratic Republic Criminal Procedure Law, art. 10 (1989); The People’s Republic of China Criminal
Procedure Law, art. 11, 152 (1996); Thailand Criminal Procedure Code, sec. 172-172 bis., 177; The
Socialist Republic of Vietnam Criminal Procedure Code, art. 19 (1988); The Union of Myanmar Criminal
Procedure Code, sec. 42 (1898).
48 The Kingdom of Cambodia Provisions Relating to the Judiciary and Criminal Law and Procedure
Applicable in Cambodia During the Transitional Period, art. 23 (1992).
20
PDR49 provides that an offence committed by a child less than sixteen years
of age shall not be tried in public. The law of Vietnam50 provides that closed
trials may be held in special cases when necessary to preserve social morals.
Further, a person under sixteen years of age may not enter the courtroom
except when subpoenaed by the court for questioning.51
The law of Myanmar52 provides that no person other than the parents,
guardians, court staff, law officers, police force on duty and not in uniform,
persons directly concerned with the case and persons who have been
granted permission by the juvenile court shall be present at a trial in juvenile
court. Additionally, the juvenile court may direct anyone who is present at the
place of trial including the child to leave the court at any time during the trial if
it is considered necessary in the best interest of the child.53

Specific Procedures Relating to Human Trafficking Cases: Thailand54 is
the only country, which has specific legal provisions concerning procedures
for cases involving human trafficking. Such provisions include the taking of
the statements, detention, and provision of assistance to the victims as well
as examination of witnesses, participation in proceedings and repatriation.55
Such legal provisions provide that the statements of the trafficked women and
children shall be promptly taken upon the rescue.56 The victims shall be sent
to a primary shelter after the statements are taken.57 If the victims are foreign
women or children, the police inquiry official shall make a proposal to the
immigration officials to grant leniency to the woman or child.58
Recommendation: Since many trafficked victims are children, it is important
to establish “child-sensitive” procedures in order to allow the child victims of
trafficking to participate in the proceedings fully as well as to avoid any
influence on such children’s participation. Laws such as Myanmar’s and
Thailand’s should be enforced and drafted where they re not on the statute
books. Laws, which are based on the best interest of the child, need coherent
interagency co-operation. Child sensitive procedures need people with skills
in listening to children being able to use visual methods, such as dolls and
videos for evidence taking. Confidentiality of the child, be they a witness or
offender should be paramount as should the protection of their families. Police
officers should be trained in the questioning of children.
Additionally, with respect to cross border trafficking cases, procedures, which
specifically contribute to expeditious and efficient adjudication of the case
should be established. These procedures may include the use of the
testimony of foreign trafficked victims which was taken before repatriation and
Lao People’s Democratic Republic Criminal Procedure Law, art. 10 (1989).
The Socialist Republic of Vietnam Criminal Procedure Code, art. 19 (1988).
51 Id. art. 171.
52 The Union of Myanmar Criminal Procedure Code, sec. 42 (1898).
53 Id. sec. 43.
54 Thailand Act on Measures in Prevention and Suppression of Trafficking in Women and Children
(1997);Thailand Memorandum of Understanding on Common Guideline of Practices for Agencies
Concerned with Cases Where Women and Children Are Victims of Human Trafficking (Jun. 30,1999).
55 Id.
56 Thailand Memorandum of Understanding on Common Guideline of Practices for Agencies Concerned
with Cases Where Women and Children Are Victims of Human Trafficking, cl. 4-5 (Jun. 30,1999).
57 Id.
58 Id. cl. 5.
49
50
21
the use of video and audio tapes of the trafficked victims’ testimony as
evidence.

Immigration: The immigration laws of the six countries in the Mekong sub
region impose penalties on persons who illegally enter and stay in the country
regardless of how such persons may have entered the country. Such laws do
not expressly provide relaxation or exemption from penalty for trafficked
women and children who may have illegally entered the country.
Consequently, trafficked women and children may be subject to such
penalties for illegal entry and stay.
Recommendation: The immigration laws of the six countries in the Mekong
sub region should provide leniency with respect to the trafficked victims and
should not treat the trafficked victims as offenders under their laws. The
trafficked victims should also be allowed to stay in a country for a further
period in order to assist in the prosecution of the traffickers and/or until they
are ready to be repatriated to the country, of which they are citizens.
Trafficked victims should also be allowed to stay in a country for a further
period in order to assist in the prosecution of the traffickers and/or until they
are ready to be repatriated to the countries of which they are citizens.
Repatriation of Trafficked Victims

Acquisition of Nationality: Nationality/citizenship may be acquired by birth
or naturalization in all six countries59 in the Mekong sub region. Under the
laws of the six countries60 in the Mekong sub region, a person may acquire
the nationality of a country by birth regardless of where such person is born if
such person is born to one or both parents who hold the nationality of such
country. With the exception of Thailand and Myanmar, all the other four
countries grant nationality to persons born in their territories to foreign
persons.
Recommendation: Trafficked women may not want to be repatriated to the
country of which they are citizens due to various reasons especially where
their children are born in a different country and therefore may have acquired
a different nationality. Such children may not be familiar with the country of
their parent’s nationality and in some cases may not be able to speak the
language of such country and therefore may not want to be repatriated (even
though they may have acquired the nationality of such country as well).
Further, such trafficked victims may not be qualified to apply for naturalisation
for failure to meet certain conditions. Consequently, the laws of the six
countries in the Mekong sub region should grant some relaxation as well as
flexibility to trafficked victims in such circumstances. For example, the
trafficked women and their children should be allowed to stay in the country
until they are ready to be repatriated to their countries of citizenship. The
trafficked women and their children should also be allowed to apply for
naturalisation under a different set of conditions.
The Kingdom of Cambodia Law on Nationality, art. 4-5, 7 (1996); Lao’s People Democratic Republic
Law on Lao Nationality, art. 8 (1990); The People’s Republic of China Nationality Law, art. 4-8 (1980);
Thailand Nationality Act, sec. 7 (1965); The Socialist Republic of Vietnam Law on Vietnamese
Nationality, art. 15 (1998); The Union of Myanmar Citizenship Law, sec. 3, 7, 43 (1982).
60 The Kingdom of Cambodia Law on Nationality, art. 4 (1996); Lao’s People Democratic Republic Law
on Lao Nationality, art. 9-10 (1990); The People’s Republic of China Nationality Law, art. 4-5 (1980);
Thailand Nationality Act, sec. 7 (1965); The Socialist Republic of Vietnam Law on Vietnamese
Nationality, art. 16 (1998); The Union of Myanmar Citizenship Law, sec. 7 (1982).
59
22

Provision of Other Assistance: Thailand61 has specific provisions
concerning procedures for cases involving human trafficking. Under such
provisions, food and shelter shall be provided to trafficked victims62 and
vocational training shall be provided to trafficked victims who are Thai women
over the age of eighteen.63 Other countries do not have specific provisions
concerning provision of assistance to trafficked victims.
Recommendation: Many trafficked women and children may not be quite
ready to live in their homes upon repatriation. Consequently, during such
period, there should be places where they can stay and be rehabilitated (both
physically and mentally) as well as learn new trades as part of the
reintegration process. All the six countries in the Mekong sub region should
therefore establish a system of provision of food, shelter, vocational training
as well as other necessities such as physical and mental rehabilitation to
trafficked victims. There should also be procedures that assess whether
repatriation is in the best interests of victims. All the six countries in the
Mekong sub region should establish a system of provision of food, shelter,
and vocational training as well as other necessities such as physical and
mental rehabilitation to trafficked victims.
61
Thailand Act on Measures in Prevention and Suppression of Trafficking in Women and Children
(1997); Memorandum of Understanding on Common Guideline of Practices for Agencies Concerned
with Cases Where Women and Children Are Victims of Human Trafficking (Jun. 30, 1999).
62 Thailand Act on Measures in Prevention and Suppression of Trafficking in Women and Children, sec.
11 (1997).
63 Memorandum of Understanding on Common Guideline of Practices for Agencies Concerned with
Cases Where Women and Children Are Victims of Human Trafficking, cl. 4 (Jun. 30, 1999).
23
3. Examples of Current Learning
What follows are some key lessons learned from research, and project experience
from a range of different organisations working in the Mekong sub region.
Legal Issues




Anti-immigration laws often used against trafficking victims
Alimony laws, particularly in Thailand are not well enforced. There is generally
very little follow-up or monitoring after a court decision has been made for a
spouse to make maintenance payments. Lack of payment often forces
women to enter trafficking situations to support herself and children.
Lack of capacity and of commitment often hinders the enforcement of good
laws in the region. For example, there is a lack of trained police officers and
social workers in the region who are skilled in talking to children. There is not
enough infrastructure for juvenile judicial procedures. Police forces often do
not see trafficking as a priority issue or do not have enough information about
anti trafficking laws. Programmes that disseminate the information on laws
would help this. Giving relevant people primers or basic practical briefings on
the relevance of laws and steps to take to enforce them properly. This should
also include ethical issues such as confidentiality and consent that are
underpinned by the UNCRC. Raising awareness of laws should be extended
to children and communities. Using posters and telephone hotlines and
television are all good media for this process.
There needs to be a focus on strengthening existing laws rather than drafting
new ones. Amendments and the closing of loopholes could remedy this.
Causes and Means of Trafficking

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
Poverty: people from poorer countries of the region believe their lives will
improve if they can secure employment in the wealthier parts of the region.
Demand for labour: The more economically developed parts of the region
often appear to have the prospects of better and more lucrative employment.
Family situation – children and young people often want to leave their home
because of family abuse. This has implications for the repatriation of
trafficking victims to their home communities.
Children and young people are often tricked into trafficking situations.
Problems with definitions: Many people do not actually conform to the
international definitions of trafficked victims. As they often legally move to
another country for legitimate employment but then subsequently choose or
are tricked into a trafficking situation which seems more profitable.
A small scale study in Northern Thailand started in 1998 run by ECPAT has
found that trafficking was severely reduced as a result of: legislation, free
education and family planning.
Research and Information


Some organisations have found that the best informants about the mechanics
of trafficking are male clients of adult sex workers. These people have been
found to use adult sex workers freely but do not sanction or use under age
sex workers.
The use of ‘real life’ case studies and information drawn from local
communities through a participatory process can provide good information for
changing laws and processes regarding trafficking. For example, the Global
24
Alliance Against Trafficking of Women has done work in sharing experiences
with local indigenous mass organisations in Vietnam and Cambodia. They
have developed participatory approaches for developing understanding about
human, women, and children’s rights in the context of trafficking.
25
4. Some Examples of Good Practice
The following are some examples of good practice within the Mekong region. These
examples come from different originations, NGOs, governmental and
intergovernmental agencies throughout the region.
Co-operation and Co-ordination




In Cambodia the Ministry of Social Affairs, Vocational Training and Youth
Rehabilitation and Cambodian NGOs are defining roles in complementary
ways. They are effectively co-ordinating co-operation between the ministry of
Interior, ministry of tourism NGOs and INGOs. In March 2000 this cooperation, lead to a repatriation and reintegration programme for Cambodian
children who had been trafficked to Thailand.
The United Nations Interagency Project on trafficking in women in children in
the Mekong Sub-region includes several government and non-government
organisations.64 Through this project, the UN system, in partnership with
governments, NGOs, CBOs and other concerned organisations, will provide
an overarching mechanism to co-ordinate local, national and sub-regional
level activities through a multidisciplinary, participatory approach. Specifically,
the Project aims to reduce trafficking of women and children in the Mekong
Sub-region through improving national and regional co-ordination, identifying
and filling gaps in programme implementation and adding value to existing
initiatives. It will do this by:
1. Supporting community-based initiatives on prevention, recovery and
reintegration to assist women and children who are at risk of, or have
been trafficked;
2. Stimulating dialogue, information collection and sharing, and coordinated action on sub-regional, cross-border, national and local
levels; and
3. Increasing national capacity and sub-regional co-operation to
strengthen legislation, policies, and enforcement of laws to respond to
trafficking.
4. Innovative
aspects
include:
support
and
exchange
of
community/beneficiary-based initiatives in a sub-regional context;
reinforcement/development of action-oriented forums, networks and
other collective efforts.
In Laos UNICEF is working with the government on a child protection
programme. Save the Children UK is working on the development of a
juvenile justice programme with the Laotian government.
The International Organisation for Migration is developing a project of
technical co-operation and capacity building with the Thai police and
immigration officials. The project is aimed at improving the treatment of
women and children who have been trafficked, abused and subjected to
violence, through awareness raising among police and immigration officials
on the existence of national and international laws and procedures. The
purpose of the project is to both highlight the magnitude of the problem and
64
Organisations involved include: Childrights-Asianet, Child workers in Asia, End Child Prostitution
Child pornography and Trafficking (ECPAT, United Nations Economic and Social Commission for Asia
and the Pacific (ESCAP), Global Alliance Against the Trafficking of Women (GATTW), The International
Labour Organisations (ILO), The International Organisations for Migration (IOM), The Mekong Regional
Law Centre, OXFAM, Save the Children Alliance, UNAIDS, United Nations Development Programme
(UNDP), UNDCP,UNESCO,UNICEF,UNFPA,World Vision International
26


the plight of the victims as well as insure the broad dissemination and
application of legislation aimed at protecting victims of trafficking.
Cambodia is undergoing a programme of capacity building. Training people in
family assessment, social services, and children laws in relation to child
victims of trafficking.
Vietnam and China bilateral agreement, 1993: This is an all embracing
agreement that could be used for strengthening prevention of trafficking and
combating it where it exists. In summary, the agreement states that: Both
sides shall co-operate to keep border areas of two countries in good order
and security. Main co-operating contents include: informing the other about
the situation of the border area relating to social security; solving illegal entry
and exit matters; jointly investigating cases relating to the third country; cooperating in investigating, hunting down, seizing and extraditing crimes; cooperating in preventing and fighting against illegal entry and exit, drug
trafficking, weapon trafficking, counterfeit money, trafficking in women and
children.
Research and Programme Activities




Save the Children recently completed a participatory action research project
with migrant children and youth along the borders of China, Myanmar and
Thailand. The project objectives were to:
1. Gather insight into the lives of migrant children and youth, their realities,
challenges, and decision-making processes using qualitative research
tools.
2. Employ a participatory approach to understanding migrant children’s
perspectives and needs and explore appropriate interventions.
3. Analyse the data and report findings.
4. Document findings of the study and the experience with the participatory
research approach and recommend interventions on behalf of migrant
children.
5. Disseminate the findings and establish strategies for advocacy with
governments, service providers intergovernmental organisations, NGOs
and community-based organisations.
The Alliance working group on trafficking has trained young researchers to
interview their peers on issues of trafficking and sexual exploitation.
The International Labour Organisation IPEC programme has a number of
projects addressing trafficking of women and children. In Laos they are
working with the Department of Labour and Social welfare t o improve the
capacity in data collection and integrate policies to combat trafficking in
children and women at provincial, local and village levels. It will also offer
direct assistance to selected families in accordance with their needs such as
educational services, credit facilities, vocational training, and business
development assistance. An awareness-raising programme. The ILO, in Lao,
aims to create awareness of the risk of trafficking through information kits.
Media that are being used are TV, radio, video and working with role models
and youth leadership programmes.
In Cambodia, there has been support to the national CRC monitoring and
reporting process, including staff interning with the NGO Committee on the
CRC in Geneva and also presenting during the UN Committee on the CRC
country report process. In Cambodia, there is a cadre of trainers who can be
called upon to assist people in understanding the CRC. Part of this cadre
includes a Children's Committee on the CRC who can train other children and
older people on the CRC and its implementation in the country. The
27


Children's Committee also takes up their own issues. They have worked
closely with Save the Children and other NGOs in bringing forward their
issues and concerns about their rights. The Save members there are
collaborating closely to insure a maximum impact for their efforts.
Vietnam: CRC training has been introduced in 17 teachers training colleges
for primary school teachers students, the first step toward integration of CRC
into the pre-service teacher training curriculum and CRC training in school
has continued during 2000 in 2517 primary schools. At ministry level,
emphasis has been given to improving material to better meet the needs of
teachers and students. The revision of the material is being done in a more
participatory way, involving people from different education bodies at different
levels. In HCMC, the theme for this year’s campaign was non-discrimination.
The Ministry will approach other donors to expand the programme nation
wide. Save the Children will remain the partner for technical input in
developing the training material.
The organisation FACE (Coalition to fight against child exploitation), has a
multifaceted approach to the exploitation of children in the region. It aims to
work on policy and action level linking with other local and international NGOs
who work directly with children in any parts of Thailand. The groups also work
with Thai government agencies as well as concerned agencies of other
governments in the best interests of the child.
FACE Activities
1. Monitoring: To co-operate with other NGOs both in Thailand and abroad
and representatives of foreign governments in order to prevent and solve
the problems of child abuse and trafficking across borders.
2. Advocacy: To lobby the legislators and others concerned in the
amendment of the laws for the better protection of victimised children and
to amend the loopholes in the existing legal mechanisms.
3. Documentation/Information: To undertake studies and co-operate with
other institutes for the purpose of research and publication of information
useful to the public.
4. Networking: (a) To publicise locally and internationally the results of cases
of convicted child abusers and traffickers in order to inform the public of
the penalty involved and deter possible future offenders; (b) To cooperate with government and non-government officers in other countries
to co-ordinate the arrest, prosecution and conviction of child sex
offenders.
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5. The Way Forward
Measures to combat trafficking of women and children need to include a host of
different players. Legal provisions are important but attitudinal changes and the
improvement of general provisions for children are also needed. It will be only
through the implementation of protection laws and policies covering children's lives in
general and their enforcement that trafficking will be reduced. It needs a concerted
effort across different sectors to work together. There is no one panacea, as it needs
regulations regarding the marriage age, which in turn requires birth certificates,
forced marriage rules, child labour laws, adoption and fostering to be done carefully,
minimum age of criminal responsibility to be set, free primary education and human
trafficking to be seen as a serious offence.
Key Elements to Combat Trafficking
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Strengthen law enforcement to be more child sensitive and child focused.
Ratify international agreements and develop systematic monitoring for
progress.
Raise public awareness of children’s rights and the existence of relevant antitrafficking laws.
Build capacity of state infrastructures, by training to enforce laws.
Improve co-operation between countries and sectors within countries and the
Mekong region.
A commitment to children’s rights and women's rights should inform all antitrafficking polices and interventions.
Support to community based initiatives.
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