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VIOLENCE AGAINST WOMEN _MIGRATION AND HUMAN TRAFFICKING_ .ppt

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					VIOLENCE AGAINST WOMEN
(MIGRATION AND HUMAN TRAFFICKING)




        PHNOM PENH, MARCH 21-22, 2010
        BY VICHUTA LY (LSCW)
DEFINITIONS: TRAFFICKING IN PERSONS
      Followed the definition of trafficking as outlined
      in the 2000 UN Palermo Protocol (the Protocol on
      Trafficking in Persons)
 ‘…    shall mean the recruitment, transportation, transfer,
      harbouring or receipt of a person by means of the threat
      or use of force or other means of coercion, or by
      abduction, fraud, deception, abuse of power or of a
      position of vulnerability, or by 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 should include, at a minimum,
      the exploitation or 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 ...The consent of a victim of trafficking
      in persons to the intended exploitation ... [set forth
      above] ... shall be irrelevant where any of the means set
      forth have been used.’
 
FORCE LABOUR
• The ILO (in Dowling et al, 2007) suggests six elements
   which can indicate forced labor (either individually or
   together):
1. Threats or actual physical harm;
2. Restriction of movement and confinement to the
   workplace or to a limited area;
3. Debt bondage;
4. Withholding of wages or excessive wage reductions, that
   violate previously made agreements;
5. Retention of passports and identity documents (the
   workers can neither leave nor prove their identity and
   status); and
6. Threat of denunciation to the authorities where the
   worker is of illegal status.
 Article 2 ILO C.29 (in Dowling et al, 2007).
 MIGRATION FOR WORK:
 THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THE
 RIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR
 FAMILIES REFER TO MIGRANT WORKER AS:



        To person who
is to engaged, is
engaged or has been
engaged in a
remunerated activity in
a State of which he or
she is not a national
  OVERVIEW OF MIGRATION IN
  CAMBODIA
  WITHIN CAMBODIA            CROSS-BORDER MIGRATION




•Census in 2008 showed that •Through MoU’s and
26.5% of Cambodians have Agreements, Cambodia has
migrated internally         sent Migrant workers to
                            Thailand, Malaysia, Korea,
                            Japan and others countries
                            •Thailand: 11,224 (4920
                            female migrant) through
                            MoU process and 103,826
                            registered (National
                            Verification), Source: MoL,
                            Year 2010)
      CROSS-BORDER MIGRATION


•Malaysia: 13,324 (Domestic
Workers: 11,918 are all
females; Factory Workers:
4476, 1954 are females) Year
(Source: MoL, Year 2010)
•Korea: 2,116 (474 are
females) sent through
Employment Permit System
(EPS) 2010 (Source MoL)
•Japan: 49 (9 are females)
(Source: MoL ,Year 2010)
    SITUATION OF HUMAN TRAFFICKING IN
    CAMBODIA

INTERNAL TRAFFICKING   CROSS-BORDER TRAFFICKING


 Women and children   • Sex and Labour
  are trafficked for     exploitation,
  sexual and labour      including men,
  exploitation
                         women and children
                       • Servile or fake
                         marriage
REPORT FROM 26/12/09 TO 25/12/10
•   160 cases of
    Human Trafficking
    with 686 victims
    (Source: S.T.S.L.S )
  GOVERNMENT POLICY TOWARDS HUMAN
  TRAFFICKING (INTERNATIONAL CONVENTION)

• Ratified the United Nations         Convention    Against
  Transitional Crime in 2005
• Ratified Protocol to the United Nations Convention
  Against Transitional Crime (PALERMO Protocol) in 2007
• Ratified ILO C 29 Forced Labor Convention in 1969
• Ratified ILO C 105 Abolition of Forced Labor in 1999
• Ratified ILO convention C 182 Worst form of Child Labor
  in 2006
   GOVERNMENT POLICY TOWARDS HUMAN
   TRAFFICKING
Multilateral:
• Signed MoU on Cooperation against trafficking in
  persons in the greater Mekong region (COMMIT) in 2004
Bilateral:
• Signed MoU with Thailand on bilateral cooperation to
  eliminate trafficking in Children and Women in 2003
• Signed MoU with Vietnam on bilateral cooperation to
  eliminate trafficking in Children and Women in 2005
REPATRIATION/REINTEGRATION/CRIMINAL
JUSTICE PROCESS

• Guidelines on Repatriation of Trafficking
  Victims for Cambodia and Thailand (2005)";
• Guidelines on Reintegration of Trafficking
  Victims for Cambodia and Thailand (2005)“;
  and
• Guidelines for Cooperation between
  Cambodia and Thailand on the Criminal
  Justice Process of Trafficking-Related
  Crimes (July 2006).
  GOVERNMENT INITIATIVES FOR COMBATING
  HUMAN TRAFFICKING
National:
• Adopted the Trafficking in Persons (TIP) law in 2008
• Adopted guideline for law enforcers to implement the TIP
  Law in 2009
• In 2009, the Ministry of Justice drafted an explanatory
  note to the TIP law with support from UNICEF
• Established a Special Anti-trafficking Police Unit at both
  national and provincial levels
• Established a National Committee against human
  trafficking, human smuggling, sexual and labor
  exploitation (NTF and HLWG)
• Developed 5 year National Action Plan (2009-2013)
• Established local committees at commune and
  provincial level to combat human trafficking
    GOVERNMENT POLICY TOWARDS
    SENDING MIGRANTS ABROAD

International
• Has ratified all 8 cores (ILO C87: Convention on the freedom of
  association and protection of the right to organize, ILO C98: Convention on
  the Right to Organize and Collective Bargaining convention, ILO: C 29,
  Forced labor Convention, ILO C 105 on Abolition of Forced Labor, ILO C100
  on Equal Remuneration Convention, ILO C111 on Discrimination
  (Employment and Occupation) Convention, ILO C 138 on the minimum
  wage and ILO C 182 on the worst Forms of Child labors) about peoples
  rights at work
• Has signed UN Convention (C 90) on the protection of the
  rights of all migrant workers and members of their families
GOVERNMENT POLICY TOWARDS
SENDING MIGRANTS ABROAD

Bilateral
• Embassy note between Malaysia and Cambodia
  (1996)
• Record of meeting between Cambodia and Japan
  (2002)
• Has signed MoU with Thailand in 2003, Korea in
  2006, and Kuwait in 2009 on sending Cambodian
  migrant workers
• Draft MoU between Cambodian and Malaysia
    GOVERNMENT POLICY TOWARDS
    SENDING MIGRANTS ABROAD

National
• Issued a Sub-degree 57 on sending Cambodian migrant
  workers abroad
• Issued Sub-degree 70 on Creating Manpower Training and
  Overseas sending board
• Issued Sub-degree 195 on Issuance of Normal Passport to
  Cambodian Migrant Workers legally employed abroad
• Issued Sub-degree 190 on the Management of the Sending
  of Cambodian Workers Abroad Through Private Recruitment
  Agencies
•   Issued Prakas (circulation) on Education on HIV/AIDS, safe migration
    and labor rights for Cambodian migrant workers going abroad.
•Issued Private
recruitment agencies
code of conduct
•Adopted minimum
service standard
contract (between
potential migrant and
pre-recruitment agency)
GOVERNMENT IMPLEMENTATION OF POLICIES
ON SENDING MIGRANTS ABROAD
• 32 registered private recruitment agencies in
  Cambodia to send workers to Thailand and
  Malaysia (2010)
• Established Manpower Training       and   Oversee
  Sending Board (MTOSB) in 2007
• Established Labor Migration Taskforce in 2007
• Established an Inter-Ministerial   Task Force for
  Migration (IMTM) in 2006
• Established a working group for implementation of
  MoU with Thailand and Korea
• Draft MoU between Cambodia and Malaysia
CONVENTION NO. 189
DECENT WORK FOR DOMESTIC WORKERS

What is a Convention of the ILO?
• A treaty adopted by the International Labour
  Conference, which is made up of government, worker
  and employer delegates from the 183 member States
  of the ILO.
What is Convention No. 189 about?
• Convention No. 189 offers specific protection to
  domestic workers. It lays down basic rights and
  principles, and requires States to take a series of
  measures with a view to making decent work a reality
  for domestic workers.
WHAT IS DOMESTIC WORK?

               •Convention No. 189 defines
               domestic work as “work performed
               in or for a household or
               households”.
               •This work may include tasks such
               as cleaning the house, cooking,
               washing and ironing clothes, taking
               care of children, or elderly or sick
               members of a family, gardening,
               guarding the house, driving for the
               family, even taking care of
               household pets.
Who is a domestic worker?
• Under the Convention, a domestic worker is “any
  person engaged in domestic work within an
  employment relationship”.
• A domestic worker may work on full-time or part-time
  basis; may be employed by a single household or by
  multiple employers; may be residing in the
  household of the employer (live-in worker) or may be
  living in his or her own residence (live-out). A
  domestic worker may be working in a country of
  which she/he is not a national.
• All domestic workers are covered by Convention No.
  189, although countries may decide to exclude
  some categories, under very strict conditions.
ASEAN DECLARATION ON PROTECTION WOMEN AND
CHILDREN
• Has signed ASEAN Against Trafficking in Person,
   Particularly Women and Children in Vientiane, LAOS
• Has signed ASEAN Declaration on the Elimination of
   Violence Against Women in the ASEAN Region in
   Jakarta, Indonesia
• Has signed ASEAN declaration on protection and
   promotion of the right of migrant workers (CEBU 2007)
  PERCEIVED GAPS
• Domestic work not recognized as “work”
• Need to amend the Cambodian Labour Law which should
  include protection of domestic worker
• No protection for domestic worker, including internal and
  migrant worker
• Lack of standard employment contract (between
  employer and employee)
• Cambodia should sign or ratify C 97 (Migration for
  employment), C 142 (Migrant workers), C 181 (Private
  Employment Agencies)
• Lack of bilateral MoU or proper agreement between
  Cambodia and Malaysia, and others countries where
  Cambodians migrate on victim protection
PERCEIVED GAPS
• Lack of cross-border mechanisms for victims of
  trafficking and returnee migrants
• Lack of proper victim identification mechanisms
• Lack of victim protection provision in the law
• Need to finalize explanatory note on the TIP law to
  guide law implementers
• Require proper and adequate training on the
  guidelines for law enforcement
• Lack information on of safe and legal migration
  within Cambodia
• Need to expand training on TIP law within
  Cambodian provinces
THANK YOU FOR YOUR ATTENTION!



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