CAMBODIA Desk Review of Information Gathered in Preparation for by elemnopey

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									                                    CAMBODIA

   Desk Review of Information Gathered in Preparation for the IOM Report:

                           THE LONG ROAD HOME:
 Analysis of Regional and National Processes for the Return and Reintegration of
             Victims of Trafficking in the Greater Mekong Sub-region

                  By Jerrold W. Huguet and Varamon Ramangkura

                                  1. AGENCIES

                       Ministry of Interior
                       Responsible for the prevention and investigation of trafficking
                       offenses and the protection of witnesses in trafficking cases.
    Victim
                       Policies implemented by the Department of Anti-Human
 Identification
                       Trafficking and Juvenile Protection, which is headed by a
                       police general.
                       www.interior.gov.kh


                       Cambodian Ministry of Social Affairs, Labor, Vocational
                       Training and Youth Rehabilitation (MOSALVY)
                       Provides housing and care for repatriated trafficking victims
                       while family tracing and assessment is conducted.
                       www.mosalvy.gov.kh

                       Cambodia Women’s Crisis Center (CWCC)
  Shelter and          Provides accommodation for repatriated trafficking victims and
  Assistance           networks with the Cambodian government and NGOs to
                       facilitate successful reintegration.
                       http://www.cwcc.org.kh/

                       Goutte d’Eau
                       Swiss organization that runs a shelter for children in Neak
                       Loeung.
                       http://www.gouttedeau.org/neakloeung


                       Thailand Department of Social Development and Welfare
Formal Return of
                       (DSDW)
  Cambodian
                       Provides for the protection, rehabilitation and accommodation
   Trafficking
                       of victims until their repatriation to Cambodia. Conducts
  Victims from
                       preliminary interviews with victims and provides information
    Thailand
                       to investigators. Maintains six permanent and 93 temporary
                       shelters for trafficking victims including the Baan Kred
                   Trakarn Protection Vocational Training Center for Women and
                   the Baan Phumiwet Reception Home for Boys.
                   www.dsdw.go.th

                   International Organization for Migration
                   Prepares and distributes case summaries. Participates in the
                   transportation of victims from shelters in Thailand to the
                   Cambodian border.
                   www.iom-seasia.org

                   Cambodian Ministry of Social Affairs, Labor, Vocational
                   Training and Youth Rehabilitation (MOSALVY)
                   Operates the Poipet Transit Center on the Thai-Cambodian
                   border and the Battambang Reception Center.
                   www.mosalvy.gov.kh

                   Cambodia Women’s Crisis Center (CWCC)
                   Provides accommodation for female trafficking victims aged
                   12 and older. Assists in the family tracing and assessment
                   process.
                   http://www.cwcc.org.kh/

                   Goutte d’Eau
                   Provides accommodation for trafficking victims under the age
                   of 12. Assists in the family tracing and assessment process.
                   http://www.gouttedeau.org/neakloeung


Formal Return of
  Vietnamese
   Trafficking
                   See data collected on return and reintegration for Vietnam.
  Victims from
  Cambodia to
    Vietnam


                   Cambodia Women’s Crisis Center (CWCC)
                   Provides counseling, medical treatment, vocational training,
                   education, and other services to females aged 12 and older in
                   preparation for reintegration to their home communities.
 Reintegration
                   http://www.cwcc.org.kh/
  Assistance
                   Goutte d’Eau
                   Provides educational opportunities, vocational training and
                   other services to facilitate the reintegration of child trafficking
                   victims.
                  http://www.gouttedeau.org/neakloeung

                  Battambang Reception Center
                  Run by MOSALVY. Provides a range of activities to stabilize
                  victims and initiate reintegration to their home communities.

                  Long-Term Care Shelters
                  Various NGOs provide for long-term care when family
                  reunification cannot be accomplished within 2 to 3 months.


                  Many informal returns take place through networks established
Informal Return   by both Thai and Cambodian NGOs. A Cambodian trafficking
 of Cambodian     victim informally returned to the country may access the
   Trafficking    formal program for reintegration if border officials or NGO
  Victims from    partners refer them to the Transit Center in Poipet. They are
    Thailand      then entered into the formal process and appropriate shelter and
                  reintegration measures are pursued.


Informal Return
 of Vietnamese
  Victims from     See data collected on return and reintegration for Vietnam.
  Cambodia to
    Vietnam

                        II. LEGAL FRAMEWORK

                  MOU between Cambodia and Thailand on Bilateral
                  Cooperation for Eliminating Trafficking in Children and
                  Women and Assisting Victims of Trafficking (2003) View
                  Requires state institutions to treat trafficked persons as victims
                  rather than offenders of immigration laws. Describes the
                  appropriate standards for safety and care for trafficking victims
                  and encourages increased communication between the two
                  countries during the repatriation process. Describes necessary
Memorandums of
                  repatriation measures including medical care, counseling,
 Understanding
                  education, and vocational training. See Articles 7, 9, 16, 17, 18
                  and 19.

                  MOU between Cambodia and Vietnam on Bilateral
                  Cooperation for Eliminating Trafficking in Women and
                  Children and Assisting Victims of Trafficking (2005) View
                  Requires state institutions to treat trafficked persons as victims
                  rather than offender of immigration laws. Describes measures
                  to be taken in the care and repatriation of trafficking victims.
                 Calls for the establishment of a Working Group in each country
                 to oversee the repatriation process. See Articles 5, 11, 12 and
                 13.


                 International Covenant on Civil and Political Rights
                 (ICCPR) View
                 Establishes an individual’s right to leave any country, even his
                 own, and states that no one should be arbitrarily deprived of the
                 right to enter his own country. Individuals may not be expelled
                 from the territory of a State Party except by the proper
                 operation of the law including a chance to challenge the
                 expulsion. See articles 12 and 13.

                 Convention on Rights of the Child View
                 Calls upon State Parties to give primary consideration to the
                 interests of children in all official actions. Requires State
                 Parties to take measures to combat the illicit transfer of
                 children abroad and to provide for the needs of children
                 without families. Calls upon State Parties to provide for the
                 physical, psychological and social needs of children who have
                 been mistreated. See Articles 3, 11, 20 and 39.

 International   Convention on the Elimination of all Forms of
 Agreements to   Discrimination Against Women (CEDAW) View
which Cambodia   Requires State Parties to take all appropriate measures to
   is a Party    suppress traffic in women and exploitation of prostitution of
                 women. Establishes the Committee on the Elimination of
                 Discrimination Against Women, which monitors the
                 compliance of State Parties with the terms of the Convention.
                 See Articles 6 and 17.

                 Convention Concerning Forced Labor (ILO Convention
                 No. 29) View
                 Calls for the suppression of the use of forced labor in all its
                 forms.

                 Convention Concerning the Abolition of Forced Labor
                 (ILO Convention No. 105) View
                 Calls for the immediate and complete abolition of the use of
                 forced labor.

                 Convention Concerning the Prohibition and Immediate
                 Action for the Elimination of the Worst Forms of Child
                 Labor (ILO Convention No. 182) View
                 Requires State Parties to take immediate action to eliminate the
                    worst forms of child labor. “Worst forms” include slavery,
                    trafficking, debt bondage, compulsory recruitment of children
                    for use in armed conflict, use of children for sexual exploitation
                    or pornography and work that is likely to harm the health,
                    safety or morals of children. See Articles 1 and 3.

                    The Coordinated Mekong Ministerial Initiative Against
                    Trafficking (COMMIT) View
                    Aimed at creating a regional system to combat human
                    trafficking. Directed by a Sub-Regional Plan of Action (SPA)
                    and specific Project Proposal Concepts (PPCs). Promotes
                    sensitivity to the unique needs of women and children. Calls
                    upon State Parties to quickly identify trafficking victims and
                    provide for their personal needs and safety during the
                    repatriation process. Facilitates the effective reintegration of
                    victims so that they will not be re-trafficked.


                    Law on Immigration (1994) View
                    Gives the Minister of Interior the power to expel from the
                    country those who have entered illegally or are working
                    illegally in the country. See Articles 35, 37, 38 and 39.
  Cambodia
                    Law on Suppression of the Kidnapping and Trafficking of
 National Laws
                    Human Persons and the Exploitation of Human Persons
                    (1996) View
                    Criminalizes the kidnapping or trafficking of persons. Gives
                    special attention to minor victims and to trafficking for use in
                    prostitution.

                    III. MEETINGS AND WORKSHOPS

                    COMMIT, Senior Officials Meeting (SOM 1), Summary of
                    Conference, July 28-30, 2004 Report
Intergovernmental
                    Senior officials from COMMIT State Parties presented country
     Meeting
                    papers, exchanged information and discussed the draft
                    COMMIT MOU.


                    Reintegration of Trafficking Victims: Defining Success and
                    Developing Indicators: Cambodia, Laos, Myanmar, and
                    Vietnam, Workshop by Oren Ginzburg for IOM, January
IOM Workshops
                    12, 2003
                    Workshops held in Cambodia, Lao PDR, Vietnam, and
                    Myanmar. Participants discussed reintegration procedures.
                   Developing Effective Strategies for Reintegration of
                   Trafficked Persons in the Greater Mekong Sub-region,
                   February 7-9, 2006
                   Participants formulated various recommendations on effective
                   reintegration strategies. Attended by representatives of
                   numerous NGOs and international organizations.


                   Repatriation of Vietnamese Victims of Trafficking
                   Workshop by Ministry of Social Affairs, Vocational
                   Training, Youth and Veterans Affairs (MOSALVY), Royal
  Cambodian
                   Government of Cambodia, supported by IOM, funded by
  Government
                   AusAID, September 4, 2003
   Workshop
                   Organized by Cambodian government. Produced a diagram of
                   the process of reintegration of trafficking victims from
                   Vietnam to Cambodia.


                   “Repatriation Meeting,” December 2, 2004 UNODC
                   Discussed the repatriation process between Thailand and
UNODC Meeting
                   Cambodia. Participants included government officers, IOM
                   and UNIAP.

                           IV. PLAN OF ACTION

                   The Five Year Plan against Trafficking and the
                   Commercial Sexual Exploitation of Children
                   Sets out detailed goals for responding to the challenges of
Public Statement
                   trafficking and commercial sexual exploitation of children,
                   along with strategies to meet the goals. Assign responsibility
                   to implement these strategies to relevant agencies.

                    V. OPERATIONAL GUIDELINES

                   Guidelines on Repatriation of Trafficking Victims for
                   Cambodia and Thailand
                   Supplements the MOU between Thailand and Cambodia on
                   Bilateral Cooperation for Eliminating Trafficking in Children
  Inter-State
                   and Women and Assisting Victims of Trafficking (2003). Sets
  Guidelines
                   out a common operational approach on repatriation which
                   includes the victim screening/identification process, referral to
                   the Thailand DSDW, information gathering and logistical
                   coordination for safe repatriation of victims.

 IOM Internal
  Guidelines       Internal Guideline for Return and Reintegration Process
      for Trafficked Victims
      Describes IOM’s process of interviewing victims, family
      tracing, return and repatriation, and follow-up in the return of
      trafficking victims from Thaliand to Myanmar, Lao PDR and
      Cambodia. Describes the involvement of partner agencies in
      return and reintegration. Also describes difficulties that may
      be faced in each process.

      Standard Operating Procedures: Repatriation of
      Vietnamese Victims of Trafficking from Cambodia to
      Vietnam, December 2003, IOM and the Communication
      and Documentation Center, Ministry of Social Affairs,
      Labour, Vocational Training and Youth Rehabilitation
      Describes the procedure for the voluntary return of trafficking
      victims from Cambodia to Vietnam and lists the agencies
      involved in the process.

                   VI. REPORTS

      Life After Reintegration: The Situation of Child
      Trafficking Survivors, by Keo Chenda, National Project
      Coordinator, IOM Cambodia, funded by the Bureau of
      Population, Refugees and Migration, Department of State,
      USA, November 2006 View
      Based on study of child trafficking victims. Includes an
      overview of children’s family situations, physical and
      emotional health, and living conditions. Evaluates the
      challenges faced by these children and the impact of current
      services to them.

      Needs Assessment and Situational Analysis of Migration
      and Trafficking for Svay Rieng Province to Vietnam for
IOM
      Begging: the Long-Term Recovery and Reintegration
      Assistance to Trafficked Women and Children Project,
      February 2004
      Produced by the collaborative efforts of IOM and the Ministry
      of Social Affairs, Labour, Vocational Training and Youth
      Rehabilitation. Discusses the push and pull factors which are
      relevant in designing prevention measures.

      The Journey Home: Return and Reintegration of
      Vietnamese Women and Girls from the Sex Trade in
      Cambodia, A Study on the Situation of Vietnamese Victims
      of Trafficking in Cambodia and Returned Victims of
      Trafficking from Cambodia to Vietnam, Allan Beesey,
      September 26, 2003
             Reviews many issues relating to the sex trade and trafficking
             between Cambodia and Vietnam, including return, repatriation,
             reintegration and recommendations. See Chapters 8-11.

             A Study on the Situation of Cambodian Victims of
             Trafficking in Vietnam and Returned Victims of
             Trafficking from Vietnam to Cambodia by Social
             Development Research & Consultancy (SRDC), Ho Chi
             Minh City, Vietnam, funded by AusAID, November 2002
             Discusses types of pre-return services provided to Cambodian
             children, types of community return and reintegration
             assistance provided to Combodian Children in Svay Reing
             Province, factors affecting reintegration and recommendations.


             Return of Cambodians from Vietnam, Svay Rieng, 1st
             January – 31st December 2005, Department of Social
             Affairs, Veterans and Youth Rehabilitation, by Phiev Khay
             View
             Compiled by the IOM’s Long-Term Recovery Reintegration
             Assistance to Trafficked Women and Children Project, in
             consultation with DSVY Svay Rieng case workers and data
             about the returnees from Vietnam collected by DSVY.

             The Return and Reintegration of Victims of Trafficking
             from Cambodia to Thailand during 1st July 2004 – 30
             March 2005 and Repatriation from Cambodia to Vietnam
             of Vietnamese Victims of Trafficking from 15th May 1999 –
             30 March 2005, compiled by Ministry of Social Affairs,
Cambodian    Veterans and Youth Rehabilitation (MoSVY) staff based at
Government   the Anti-Trafficking and Reintegration Office supported by
             the Coordination and Documentation Project, IOM Mission
             in Cambodia View
             Discusses the process of return and reintegration of victims of
             trafficking from Cambodia to Thailand and the process of
             repatriation from Cambodia to Vietnam. Consider the sex, age,
             and family situation of trafficked victims, the wishes of the
             trafficked persons at the time of repatriation, and the length of
             time between arrest/rescue and repatriation/integration.

             Cambodia Country Paper for Coordinated Mekong
             Ministerial Initiative against Trafficking (COMMIT),
             Senior Officials Meeting 1, July 28-30, 2004 View
             Describes Cambodia’s anti-trafficking framework, including
             prevention and protection programs, support of victims and
             international cooperation on human trafficking.
                       National Report on the Trafficking of Women and
                       Children Submitted to the United Nations 2000-2004 View
                       Describes Cambodia’s activities and achievements in key
                       areas. See pages 12-13 for details on rehabilitation and
                       reintegration.


                       ASEAN Responses to Trafficking in Persons, ASEAN,
                       April 2006 View
                       Gives an overview of ASEAN countries’ anti-trafficking
     ASEAN
                       infrastructures. Overview includes national policy framework,
                       national legal framework, institutional structures and bilateral,
                       regional and international agreements.


                       Gender, Human Trafficking, and the Criminal Justice
 Asia Regional         System in Cambodia, Ly Vichuta and Menh Navy,
 Cooperation to        December 2003, Revised March 2005 View
 Prevent People        Gives an overview of gender and trafficking in Cambodia,
  Trafficking          including the process for returning victims. Provides a
                       summary of Cambodian laws relating to trafficking.


                       Reintegration Assistance for Trafficked Women and
                       Children in Cambodia – A Review, Lisa Arensen on behalf
                       of Asia Foundation, September 2005 View
                       Reviews Cambodian reintegration practices, identifying
 Asia Foundation
                       strengths, potentials, and gaps. Describes the roles of the
                       Cambodian government, international organizations and NGOs
                       in the reintegration of trafficking victims in Cambodia. Offers
                       recommendations for improvement.


*This document includes only that information which is pertinent to the report, Long
Road Home by Jerrold W. Huguet and Varamon Ramangkura. It should not be viewed as
a comprehensive listing of all elements of the return and reintegration process.

**The data presented in this document was collected between November 2006 and
January 2007.
                                     CHINA

   Desk Review of Information Gathered in Preparation for the IOM Report:

                          THE LONG ROAD HOME:
Analysis of Regional and National Processes for the Return and Reintegration of
            Victims of Trafficking in the Greater Mekong Sub-region

                 By Jerrold W. Huguet and Varamon Ramangkura

                                 1. AGENCIES

                         Thailand Department of Social Development and
                         Welfare (DSDW)
                         Provides for the protection, rehabilitation and
                         accommodation of victims until their repatriation to China.
                         Conducts preliminary interviews with victims and provides
                         information to investigators. Maintains six permanent and
                         93 temporary shelters for trafficking victims including the
   Shelter and           Baan Kred Trakarn Protection Vocational Training Center
   Assistance            for Women and the Baan Phumiwet Reception Home for
                         Boys.
                         www.dsdw.go.th

                         Coordination Center for Protection of Child Rights
                         (CCPRC)
                         Participates in the Chiang Mai model in Northern Thailand,
                         sheltering victims until their repatriation to China.


                         Thailand Department of Social Development and
                         Welfare (DSDW)
                         Processes and shelters victims. (see above)
                         www.dsdw.go.th
Return of Victims
from Thailand to
                         The Embassy of China – Bangkok
     China
                         Verifies the nationality and place of origin for Chinese
 Bangkok Model
                         trafficking victims. Coordinates with the Thailand
                         Department of Social Development and Welfare on the
                         return of trafficking victims to China.
                         http://www.chinaembassy.or.th/eng/

Return of Victims
from Thailand to         Coordination Unit for Anti-Trafficking Operations –
     China               Northern Thailand (TRAFCORD)
Chiang Mai Model         Coalition of NGOs. Identifies victims and cares for them
                      until their repatriation to China.
                      www.trafcord.org

                      Coordination Center for Protection of Child Rights
                      (CCPRC)
                      Conducts needs assessments for victims. Cares for victims
                      until their repatriation to China.

                      Chinese Consulate in Chiang Mai
                      Interviews trafficking victims, assists with verifying their
                      nationality and place of origin, and coordinates with the
                      Thailand Department of Social Development and Welfare on
                      the return of trafficking victims to China.


                      Chinese Authorities
                      Notify Lang Son border guard units of the return of
                      Vietnamese trafficking victims.
 Return of Victims
                      Lang Son Border Guard Units
  from China to
                      Screen returnees and verify Vietnamese citizenship.
     Vietnam
                      Vietnam Central Women’s Union
                      Coordinate with Lang Son Border guard units in verifying
                      Vietnamese citizenship.

                       II. LEGAL FRAMEWORK

                      Convention on Rights of the Child View
                      Calls upon State Parties to give primary consideration to the
                      interests of children in all official actions. Requires State
                      Parties to take measures to combat the illicit transfer of
                      children abroad and to provide for the needs of children
                      without families. Calls upon State Parties to provide for the
                      physical, psychological and social needs of children who
   International      have been mistreated. See Articles 3(1)&(3), 11(1), 20 and
Agreements to which   39.
  China is a Party
                      Convention on the Elimination of all Forms of
                      Discrimination Against Women (CEDAW) View
                      Requires State Parties to take all appropriate measures to
                      suppress traffic in women and exploitation of prostitution of
                      women. Establishes the Committee on the Elimination of
                      Discrimination Against Women, which monitors the
                      compliance of State Parties with the terms of the Convention.
                      See Articles 6 and 17.
                        Convention Concerning the Prohibition and Immediate
                        Action for the Elimination of the Worst Forms of Child
                        Labor (ILO Convention No. 182) View
                        Requires State Parties to take immediate action to eliminate
                        the worst forms of child labor. “Worst forms” include
                        slavery, trafficking, debt bondage, compulsory recruitment of
                        children for use in armed conflict, use of children for sexual
                        exploitation or pornography and work that is likely to harm
                        the health, safety or morals of children. See Articles 1 and 3.

                        The Coordinated Mekong Ministerial Initiative Against
                        Trafficking (COMMIT) View
                        Aimed at creating a regional system to combat human
                        trafficking. Directed by a Sub-Regional Plan of Action
                        (SPA) and specific Project Proposal Concepts (PPCs).
                        Promotes sensitivity to the unique needs of women and
                        children. Calls upon State Parties to quickly identify
                        trafficking victims and provide for their personal needs and
                        safety during the repatriation process. Facilitates the effective
                        reintegration of victims so that they will not be re-trafficked.


                        Law of the Republic of China on the Protection of Rights
                        and Interests of Women View
                        Prohibits the abduction, trafficking or kidnapping of women,
                        and discrimination against women who have been victims of
                        these crimes. Provides for civil actions by women who have
                        been victims of the crimes described in the act. See Articles
                        36 and 48.
China National Laws
                        Compulsory Education Law of the People’s Republic of
                        China View
                        Requires that all children aged six or older be provided with
                        compulsory education, except in special situations, when
                        enrolment may be postponed until the age of seven. See
                        Article 5.

                      III. MEETINGS AND WORKSHOPS

                        COMMIT, Senior Officials Meeting (SOM 1), Summary
                        of Conference, July 28-30, 2004 Report
 Intergovernmental
                        Senior officials from COMMIT State Parties presented
      Meeting
                        country papers, exchanged information and discussed the
                        draft COMMIT MOU.
                              IV. REPORTS

                     Project Completion Report: Return and Reintegration of
                     Trafficked and Other Vulnerable Women and Children
                     between Selected Countries in the Mekong Region,
                     Funded by AusAID, April 2004
                     Assessment of IOM project on return and reintegration.
                     Comments on the project’s effectiveness, efficiency and
                     sustainability and provides strengths, weaknesses and lessons
                     learned.
      IOM
                     Building Roads Home, an overview and analysis of return
                     and reintegration systems for trafficking victims within
                     the Mekong Sub-region, IOM Internal Assessment, 2003
                     Comprehensive overview of the systems for the return and
                     reintegration of trafficking victims in the GMS. Identifies
                     relevant agencies and gaps in the process and provides
                     recommendation for each GMS country.


                     China Country Paper for Coordinated Mekong
                     Ministerial Initiative against Trafficking (COMMIT),
                     Senior Officials Meeting 1, July 28-30, 2004 View
Chinese Government
                     Provides a brief overview of topics such as national policy
                     framework, international conventions, prevention, protection,
                     judicial responses and victim support. See pages 6-7.


                     The Mekong Challenge: Analysis Report of the Baseline
                     Survey for the TICW Project Phase II in Yunnan
                     Province, ILO, 2005 View
                     Part of a series of studies on human trafficking and labour
                     migration in the Greater Mekong Sub-region. Provides the
                     results of a study on labour migration and its links to
                     trafficking in Yunnan province. Describes the laws
                     concerning trafficking in China and the factors leading to the
  United Nations
                     trafficking of women and children in Yunnan province.
    Agencies
                     Yunnan Province, China, Situation of Trafficking in
                     Children and Women: a Rapid Assessment, Yunnan
                     Province Women Federation in collaboration with
                     Yunnan Provincial Bureau of Statistics, Bureau of
                     Statistics, Education Commission, and Justice Bureau of
                     Jiangcheng and Menghai Counties, August 2002, ILO
                     and International Programme on the Elimination of
                     Child Labour (IPEC) View
         Analyzes the trafficking situation in the two most southern
         counties of Yunnan province. Includes a description of the
         factors encouraging trafficking.

         Heaven Is High and the Emperor Is Far Away: Beijing
         Certainties Encounter Yunnan Ambiguities, Heather A.
         Peters, Ph.D, Consultant, Regional Office for Culture in
         Asia and the Pacific, UNESCO View
         Describes China’s policy on trafficking, conceptions of
         trafficking in China, and the reality of trafficking in China,
         especially in Yunnan province.


         Anti-Human Trafficking Program in Vietnam,
         Trafficking in Women and Children from Vietnam to
         China: Legal Framework and Government Responses, Yi
         Wang, Program Analyst, Oxfam-Quebec, August 2005
         View
         Identifies the legal framework surrounding human trafficking
         in Vietnam and China and how the government intervenes in
         human trafficking cases in both countries.

         Transnational Migration, Marriage and Trafficking at
         the China-Vietnam Border, Le Bach Duong, Institute for
         Social Development Studies, Vietnam, Daniele Belanger,
         The University of Western Ontario, Canada and Khuat
         thu Hong, Institute for Social Development Studies,
         Vietnam, Presented at CEPED-CICRED-INED Seminar
         on Female Deficit in Asia: Trends and Perspective,
Others
         Singapore, December 5-7, 2005 View
         Examines transnational migration and the trafficking of
         Vietnamese women across the China-Vietnam border. Also
         analyzes the realities of escape, rescue, return and
         reintegration of trafficking victims.

         Trafficking in Children: China and Asian Perspective,
         Xin Ren, California State University, USA, Presented at
         the Conference on Making Children’s Rights Work:
         National and International Perspectives, International
         Bureau for Children’s Rights, Montreal, November 20,
         2004 View
         Describes the characteristics of trafficking victims in China
         and the legal obstacles to assisting trafficking victims.

         Migration Needs, Issues and Responses in the Greater
         Mekong Sub-region – A Resource Book: Asian Migrant
Center, Hong Kong: Yunnan, 2002
Identifies key issues, needs, action groups and government
responses for migration-related issues for countries in the
Greater Mekong Sub-region. Also makes recommendations
for Yunnan province.
                                     LAO PDR

    Desk Review of Information Gathered in Preparation for the IOM Report:

                          THE LONG ROAD HOME:
  Analysis of Regional and National Process for the Return and Reintegration of
            Victims of Trafficking in the Greater Mekong Sub-region

                  By Jerrold W. Huguet and Varamon Ramangkura

                                   I. AGENCIES

                          Lao Anti People Trafficking Unit (LAPTU)
                          Unit dedicated to combating trafficking and led by the
                          Immigration Department’s Ministry of Public Security.
                          Includes police, prosecutors, lawyers and social welfare staff.

                          Lao Women Union
                          Organization within the Lao government promoting the
                          advancement of Lao women.
Victim Identification
                          www.grid-lwu.org

                          Lao Youth Union
                          Organization directed by the Lao People’s Revolutionary
                          Party and tasked with promoting the interests of Lao Youth.
                          www.culturalprofiles.net/laos/Units/656.html

                          Private Individuals


                          Social Welfare Department, Ministry of Labour and
                          Social Welfare.
                          Provides shelter and care for trafficking victims upon their
                          return to Lao PDR. Conducts family tracing and assessment
                          based on information received from Thai authorities.

    Shelter and           Lao Women Union
    Assistance            Operates shelters for trafficking victims who prefer not to
                          return to their families or for whom family assessments fail.
                          www.grid-lwu.org

                          Lao Youth Union
                          Helps care for trafficking victims.
                          www.culturalprofiles.net/laos/Units/656.html

 Formal Return of
Trafficking Victims   Thailand Department of Social Development and Welfare
  from Thailand       (DSDW)
                      Provides for the protection, rehabilitation and
                      accommodation of victims until their repatriation to Lao
                      PDR. Conducts preliminary interviews with victims and
                      provides information to investigators. Maintains six
                      permanent and 93 temporary shelters for trafficking victims
                      including the Baan Kred Trakarn Protection Vocational
                      Training Center for Women and the Baan Phumiwet
                      Reception Home for Boys.
                      www.dsdw.go.th

                      International Organization for Migration (IOM)
                      Provides the DSDW with Lao-speaking caseworkers to assist
                      in victim identification, family tracing, and family
                      assessment. Participates in the family tracing and assessment
                      process, following the criteria established by the Lao Social
                      Welfare Department. Facilitates the transportation of victims
                      from shelters in Thailand to the Lao border.
                      www.iom-seasia.org

                      Lao Ministry of Labour and Social Welfare
                      Conducts family tracing and assessment through the
                      provincial and district offices.

                      Lao Social Welfare Department
                      Coordinates with the IOM and Thailand DSDW to arrange
                      for the return of Lao trafficking victims.


                      Lao Social Welfare Department
                      Assigns returnees to district-level caseworkers that will
                      facilitate reintegration. Provides assistance tailored to
                      victims’ needs, including economic, education, health and
                      housing assistance.
  Reintegration
   Assistance
                      Lao Women Union
                      Partners with the Lao Social Welfare Department in
                      providing reintegration assistance. Provides micro-credit
                      opportunities and grants to returnees who develop business
                      plans.

Informal Return of
  Lao Trafficking     Various Thai NGOs identify Lao trafficking victims and
   Victims from       return them to Lao PDR through an informal process. Some
     Thailand         victims also return on their own.
                         II. LEGAL FRAMEWORK

                      MOU between Thailand and Lao PDR on Cooperation to
                      Combat Trafficking in Persons, Especially Women and
                      Children (2005) View
                      States that each party should provide sufficient care to
                      trafficking victims until the time of their repatriation.
 Memorandum of
                      Requires parties to coordinate on the logistical details of the
 Understanding
                      return process. Stipulates that each party should assign a
                      government agency to be the “focal point” of assistance
                      provided to trafficking victims. Sets standards for the
                      reintegration of trafficking victims into their home
                      communities.


                      Convention Against Transnational Organized Crime
                      (TOC) View
                      Calls upon State Parties to establish procedures allowing for
                      the compensation of trafficking victims and enabling victims’
                      testimony to be considered in criminal proceedings against
                      alleged offenders. See Article 24(2)&(3).

                      UN Protocol to Prevent, Suppress and Punish Trafficking
                      in Persons, Especially Women and Children (UN
                      Trafficking Protocol) View
                      Calls upon State Parties to provide for the physical,
                      psychological and social recovery of trafficking victims,
                      including the provision of housing, counseling, medical
   International      assistance, employment and education. Requires the return
Agreements to which   of trafficking victims without “undue or unreasonable delay.”
Lao PDR is a Party    Calls upon state parties to confirm the nationality of citizens
                      that have become trafficking victims. Requires State Parties
                      to provide travel documentation to trafficking victims
                      returning to their home states. See Articles 6(3) and
                      8(1),(3)&(4).

                      Convention on Rights of the Child View
                      Calls upon State Parties to give primary consideration to the
                      interests of children in all official actions. Requires State
                      Parties to take measures to combat the illicit transfer of
                      children abroad and to provide for the needs of children
                      without families. Calls upon State Parties to provide for the
                      physical, psychological and social needs of children who
                      have been mistreated. See Articles 3(1)&(3), 11(1), 20 and
                      39.
                     Convention on the Elimination of all Forms of
                     Discrimination Against Women (CEDAW) View
                     Requires State Parties to take all appropriate measures to
                     suppress traffic in women and exploitation of prostitution of
                     women. Establishes the Committee on the Elimination of
                     Discrimination Against Women, which monitors the
                     compliance of State Parties with the terms of the Convention.
                     See Articles 6 and 17.

                     Convention Concerning Forced Labor (ILO Convention
                     No. 29) View
                     Calls for the suppression of the use of forced labor in all its
                     forms.

                     Convention Concerning the Prohibition and Immediate
                     Action for the Elimination of the Worst Forms of Child
                     Labor (ILO Convention No. 182) View
                     Requires State Parties to take immediate action to eliminate
                     the worst forms of child labor. “Worst forms” include
                     slavery, trafficking, debt bondage, compulsory recruitment of
                     children for use in armed conflict, use of children for sexual
                     exploitation or pornography and work that is likely to harm
                     the health, safety or morals of children. See Articles 1 and 3.

                     The Coordinated Mekong Ministerial Initiative Against
                     Trafficking (COMMIT) View
                     Aimed at creating a regional system to combat human
                     trafficking. Directed by a Sub-Regional Plan of Action
                     (SPA) and specific Project Proposal Concepts (PPCs).
                     Promotes sensitivity to the unique needs of women and
                     children. Calls upon State Parties to quickly identify
                     trafficking victims and provide for their personal needs and
                     safety during the repatriation process. Facilitates the effective
                     reintegration of victims so that they will not be re-trafficked.


                     Law on Development and Protection of Women (2004)
                     Lists the rights of trafficking victims that are to be protected
Lao PDR National     by the state. Commits the state to educating the public about
      Law            the dangers of trafficking. Provides standards for the care of
                     foreign trafficking victims. See Articles 5, 25, 26, 28, 39,
                     and 40.

                    III. MEETINGS AND WORKSHOPS
Intergovernmental
    Meetings         COMMIT, Senior Officials Meeting (SOM 1), Summary
                     of Conference, July 28-30, 2004 Report
                     Senior officials from COMMIT State Parties presented
                     country papers, exchanged information and discussed the
                     draft COMMIT MOU.

                     Thai-Lao Joint Task Force Meeting, February 6-8, 2006
                     Task force established by Section 18 of 2005 MOU between
                     Thailand and Lao PDR on Cooperation to Combat
                     Trafficking in Persons, Especially Women and Children.
                     Revised the standard operating procedures for return and
                     reintegration of trafficking victims from Thailand to Lao
                     PDR. Agreed to the expansion of services provided at the
                     Vientiane Transit Center, the involvement of the Lao
                     embassy in confirming Lao nationality, and the provision of
                     legal information to trafficking victims.

                     Cross-Border Meeting on Coordination between Thailand
                     and Lao PDR on the Return and Reintegration of Lao
                     Trafficking Victims, Vientiane, Lao PDR, July 3-4, 2003
                     Attended by representatives of agencies from both countries.
                     Reviewed the process for victim identification in Thailand,
                     family tracing and assessment procedures, the return process,
                     and reintegration measures in Lao PDR.

                     Second Cross-Border Workshop on Coordination
                     between Thailand and Lao PDR on the Return and
                     Reintegration of Lao Trafficking Victims, Bangkok,
                     Thailand, January 15-16, 2004
                     Attended by representatives of agencies from both countries.
                     Reviewed the standard operating procedures for the return
                     and reintegration of trafficking victims from Thailand to Lao
                     PDR.


                     Reintegration of Trafficking Victims: Defining Success
                     and Developing Indicators: Cambodia, Laos, Myanmar,
                     and Vietnam, Workshop by Oren Ginzburg for IOM,
 IOM Workshops
                     January 12, 2003
                     Workshops held in Cambodia, Lao PDR, Vietnam, and
                     Myanmar. Participants discussed reintegration procedures.

                          IV. PLAN OF ACTION
Government Plan of
                     Plan of Action under MOU between Thailand and Lao
     Action
                     PDR on Cooperation to Combat Trafficking in Persons,
                 especially Women and Children (2005)
                 Outlines Lao PDR’s three-year activity plan to implement the
                 Thailand-Lao PDR MOU on trafficking.

                 V. OPERATIONAL GUIDELINES

                 Guideline for Return and Reintegration Process for
                 Trafficked Victims
                 Internal Guideline for Return and Reintegration Process
                 for Trafficked Victims
 IOM Internal
                 Describes IOM’s process of interviewing victims, family
  Guidelines
                 tracing, return and repatriation, and follow-up, and the role of
                 partner agencies, in the return of trafficking victims from
                 Thailand to Myanmar, Lao PDR and Cambodia. Also
                 describes difficulties that may be faced in each process.

                           VI. REPORTS

                 Project Completion Report: Return and Reintegration of
                 Trafficked and Other Vulnerable Women and Children
                 between Selected Countries in the Mekong Region,
                 Funded by AusAID, April 2004
                 Assessment of IOM project on return and reintegration.
                 Comments on the project’s effectiveness, efficiency and
                 sustainability and provides strengths, weaknesses and lessons
                 learned.

    IOM          From Lao PDR to Thailand and Home Again:
                 Repatriation of Trafficking Victims and Other Exploited
                 Women and Girl Workers, a Study of 124 Cases, Allan
                 Beesey for IOM, May 2004
                 Based on a study of 124 migrants repatriated from Thailand
                 to Lao PDR. Recounts their experiences of migration, rescue
                 or escape, shelter, return and reintegration. Provides
                 recommendations for improvements to be made in the
                 handling of trafficking victims.



                 Lao Country Paper for Coordinated Mekong Ministerial
                 Initiative against Trafficking (COMMIT), Senior
Lao Government
                 Officials Meeting 1, July 28-30, 2004 View
                 Overview of Lao PDR’s policies regarding trafficking.

   ASEAN
                 ASEAN Responses to Trafficking in Persons, ASEAN,
                          April 2006 View
                          Gives an overview of ASEAN countries’ anti-trafficking
                          infrastructures. Overview includes national policy
                          framework, national legal framework, institutional structures
                          and bilateral, regional and international agreements.


                          The Role of Victim Support Agencies in the Criminal
                          Justice Response to Human Trafficking: Lessons from
                          Thailand, Cambodia, Lao PDR and Myanmar, Asia
                          Regional Cooperation to Prevent People Trafficking,
                          June 2004
   Asia Regional          Describes the relationship between criminal justice systems
   Cooperation to         and victim support agencies. Provides recommendations to
   Prevent People         increase cooperation between the two types of institutions
    Trafficking
                          Gender, Human Trafficking and the Criminal Justice
                          System in Lao PDR, December 2003, Revised April 2006,
                          Funded by the Australian Government View
                          Discusses gender and trafficking issues in Lao PDR and
                          offers recommendations for agencies dealing with trafficking.


*This document includes only that information which is pertinent to the report, Long
Road Home by Jerrold W. Huguet and Varamon Ramangkura. It should not be viewed as
a comprehensive listing of all elements of the return and reintegration process.

**The data presented in this document was collected between November 2006 and
January 2007.
                                   MYANMAR

   Desk Review of Information Gathered in Preparation for the IOM Report:

                           THE LONG ROAD HOME:
 Analysis of Regional and National Processes for the Return and Reintegration of
             Victims of Trafficking in the Greater Mekong Sub-region

                  By Jerrold W. Huguet and Varamon Ramangkura

                                  I. AGENCIES

                          Thailand Department of Social Development and
                          Welfare (DSDW)
                          Provides for the protection, rehabilitation and
                          accommodation of victims until their repatriation to
                          Myanmar. Conducts preliminary interviews with victims
                          and provides information to investigators. Maintains six
                          permanent and 93 temporary shelters for trafficking victims
    Shelter and           including the Baan Kred Trakarn Protection Vocational
    Assistance            Training Center for Women and the Baan Phumiwet
                          Reception Home for Boys.
                          www.dsdw.go.th

                          Coordination Center for Protection of Child Rights
                          (CCPRC)
                          Participates in the Chiang Mai model in Northern Thailand,
                          sheltering victims until their repatriation to Myanmar.


                          Thailand Department of Social Development and
                          Welfare (DSDW)
                          Processes and shelters victims. (see above)
                          www.dsdw.go.th

                          International Organization for Migration
                          Provides the DSDW with Burmese-speaking caseworkers to
Return to Myanmar
                          assist in victim identification, family tracing, and family
 Bangkok Model
                          assessment. Participates in the transportation of victims
                          from shelters in Thailand to the Myanmar border.
                          www.iom-seasia.org

                          World Vision Myanmar
                          Conducts family assessments in Myanmar using information
                          received from the IOM. Participates in the transportation of
                          victims from shelters in Thailand to the Myanmar border and
                    to their home communities.
                    www.wvasiapacific.org

                    Save the Children – UK
                    Conducts family assessments in Myanmar using information
                    received from the IOM. Participates in the transportation of
                    victims from shelters in Thailand to the Myanmar border.
                    www.savethechildren.org.uk

                    Myawaddy Reception Center (Myanmar Office)
                    Processes Myanmar nationals at the Myanmar border.

                    Myanmar Department of Social Welfare (DSW)
                    Along with the MWAF, conducts family tracing and
                    assessment in Myanmar using information provided by the
                    Thai DSDW. Runs training centres where returnees spend 4
                    weeks before being returned to their home communities.
                    Coordinates the reception of returnees at the border.
                    Provides shelter and reintegration support to victims after
                    their return to Myanmar.

                    Myanmar Women’s Affairs Federation (MWAF)
                    Along with the DSW, conducts family tracing and
                    assessment in Myanmar using information provided by the
                    Thai DSDW.
                    www.mwaf.org.mm

                    Myanmar Ministry of Immigration
                    Confirms that victims are of Myanmar nationality.
                    www.myanmar.com/Ministry/imm&popu/

                    United Nations Inter-Agency Project on Human
                    Trafficking in the Greater Mekong Sub-Region (UNIAP)
                    Coordinates information sharing between the Thailand
                    DSDW and the Myanmar DSW. Participates in the
                    transportation of victims from shelters in Thailand to the
                    Myanmar border and to their home communities.
                    www.no-trafficking.org

                    Anti-Trafficking Unit (ATU), Myanmar Police Force
                    (MPF)
                    Prosecutes traffickers and brokers.
                    www.myanmar.gov.mm/ministry/home/MPFmain.htm

Return to Myanmar
Chiang Mai Model    Coordination Unit for Anti-Trafficking Operations –
                Northern Thailand (TRAFCORD)
                Coalition of NGOs. Identifies victims and cares for them
                until their repatriation to Myanmar.
                www.trafcord.org

                Coordination Center for Protection of Child Rights
                (CCPRC)
                Conducts needs assessments for victims. Cares for victims
                until their repatriation to Myanmar.

                Thailand Department of Social Development and Welfare
                (DSDW)
                Processes and shelters victims. (see above)
                www.dsdw.go.th

                New Life Foundation
                Shelters trafficking victims in Northern Thailand prior to
                repatriation to Myanmar.

                Development and Education Programme for Daughters
                and Communities (DEPDC) in Chiang Rai
                Provides education, vocational training and full time
                accommodation to trafficking victims.
                www.depdc.org


                International Organization for Migration (IOM)
                Supports World Vision Myanmar and Save the Children UK
                in the provision of reintegration assistance.
                www.iom-seasia.org

                World Vision Myanmar
                Provides reintegration assistance to trafficking victims
                repatriated to Myanmar. Submits follow-up reports to IOM.
                www.wvasiapacific.org
Reintegration
 Assistance
                Save the Children – UK
                Provides reintegration assistance to trafficking victims
                repatriated to Myanmar. Submits follow-up reports to IOM.
                www.savethechildren.org.uk

                Myanmar Department of Social Welfare (DSW)
                Provides reintegration assistance to trafficking victims
                repatriated to Myanmar

                Myanmar Women’s Affairs Federation (MWAF)
                      Provides reintegration assistance to trafficking victims
                      repatriated to Myanmar
                      www.mwaf.org.mm

                      United Nations Inter-Agency Project on Human
                      Trafficking in the Greater Mekong Sub-Region (UNIAP)
                      Provides reintegration assistance to trafficking victims
                      repatriated to Myanmar
                      www.no-trafficking.org

                         II. LEGAL FRAMEWORK

                      Convention Against Transnational Organized Crime
                      (TOC) View
                      Calls upon State Parties to establish procedures allowing for
                      the compensation of trafficking victims and enabling victims’
                      testimony to be considered in criminal proceedings against
                      alleged offenders. See Article 24(2)&(3).

                      UN Protocol to Prevent, Suppress and Punish Trafficking
                      in Persons, Especially Women and Children (UN
                      Trafficking Protocol) View
                      Calls upon State Parties to provide for the physical,
                      psychological and social recovery of trafficking victims,
                      including the provision of housing, counseling, medical
                      assistance, employment and education. Requires the return
                      of trafficking victims without “undue or unreasonable delay.”
   International      Calls upon state parties to confirm the nationality of citizens
Agreements to which   that have become trafficking victims. Requires State Parties
Myanmar is a Party    to provide travel documentation to trafficking victims
                      returning to their home states. See Articles 6(3) and
                      8(1),(3)&(4).

                      Convention on Rights of the Child View
                      Calls upon State Parties to give primary consideration to the
                      interests of children in all official actions. Requires State
                      Parties to take measures to combat the illicit transfer of
                      children abroad and to provide for the needs of children
                      without families. Calls upon State Parties to provide for the
                      physical, psychological and social needs of children who
                      have been mistreated. See Articles 3(1)&(3), 11(1), 20 and
                      39.

                      Convention Concerning Forced Labor (ILO Convention
                      No. 29) View
                      Calls for the suppression of the use of forced labor in all its
                     forms.

                     The Coordinated Mekong Ministerial Initiative Against
                     Trafficking (COMMIT) View
                     Aimed at creating a regional system to combat human
                     trafficking. Directed by a Sub-Regional Plan of Action
                     (SPA) and specific Project Proposal Concepts (PPCs).
                     Promotes sensitivity to the unique needs of women and
                     children. Calls upon State Parties to quickly identify
                     trafficking victims and provide for their personal needs and
                     safety during the repatriation process. Facilitates the effective
                     reintegration of victims so that they will not be re-trafficked.


                     The Anti-Trafficking in Persons Law (2005) View
                     Provides for the rescue, receipt, safeguarding, rehabilitation
                     and reintegration of trafficked persons. Establishes the
                     Central Body and working groups to coordinate the
                     government’s efforts regarding trafficking victims. See
                     Articles 4, 10, 11, and 14-21.
Myanmar National
     Laws
                     The Child Law (1993) View
                     Seeks to implement the rights recognized in the UN
                     Convention on the Rights of the Child. Establishes the
                     Committee on the Rights of the Child to coordinate the
                     government’s efforts regarding the interests of children. See
                     Articles 3 and 5.

                    III. MEETINGS AND WORKSHOPS

                     COMMIT, Senior Officials Meeting (SOM 1), Summary
                     of Conference, July 28-30, 2004 Report
                     Senior officials from COMMIT State Parties presented
                     country papers, exchanged information and discussed the
                     draft COMMIT MOU.
Intergovernmental
     Meetings        Consultation Meeting: Return and Reintegration of
                     Children and Women from Myanmar Trafficked to/in
                     Thailand, May 19-20, 2003, Bangkok Report
                     Government officers and NGO representatives from Thailand
                     and Myanmar discussed the return and reintegration of
                     trafficking victims from Thailand to Myanmar.


 IOM Workshop        Reintegration of Trafficking Victims: Defining Success
                     and Developing Indicators: Cambodia, Laos, Myanmar,
                  and Vietnam, Workshop by Oren Ginzburg for IOM,
                  January 12, 2003
                  Workshops held in Cambodia, Lao PDR, Vietnam, and
                  Myanmar. Participants discussed reintegration procedures.

                      IV. PLAN OF ACTION

                  There exists a National Plan of Action to Fight Trafficking in
                  Women and Children, which was developed in 1997 by the
                  Myanmar National Committee on Women's Affairs
                  (MNCWA). This plan, however, predates ratification of the
                  Covenant against Transnational Organized Crime, the signing
                  of the COMMIT MOU, and the introduction of national anti-
                  trafficking legislation. As a result, the Myanmar government
                  is currently developing a new National Plan of Action, taking
    Note
                  into account these changes. The National Plan of Action is at
                  present being drafted by a multi-ministerial Technical
                  Working Group (TWG) under the leadership of the Ministry
                  of Home Affairs (MOHA) with technical support from
                  UNIAP. The government has committed itself to the
                  principles outlined above, although this was done through
                  respective provisions of the Anti-Trafficking in Persons Law
                  rather than a revision of the 1997 National Plan of Action.

                 V. OPERATIONAL GUIDELINES

                  Internal Guideline for Return and Reintegration Process
                  for Trafficked Victims
                  Describes IOM’s process of interviewing victims, family
IOM Guidelines    tracing, return and repatriation, and follow-up, and the role of
                  partner agencies, in the return of trafficking victims from
                  Thailand to Myanmar, Lao PDR and Cambodia. Also
                  describes difficulties that may be faced in each process.

                           VI. REPORTS

                  Project Completion Report: Return and Reintegration of
                  Trafficked and Other Vulnerable Women and Children
                  between Selected Countries in the Mekong Region,
                  Funded by AusAID, April 2004
    IOM           Assessment of IOM project on return and reintegration.
                  Comments on the project’s effectiveness, efficiency and
                  sustainability and provides strengths, weaknesses and lessons
                  learned.

                  Building Roads Home, an overview and analysis of return
                          and reintegration systems for trafficking victims within
                          the Mekong Sub-region, IOM Internal Assessment, 2003
                          Comprehensive overview of the systems for the return and
                          reintegration of trafficking victims in the GMS. Identifies
                          relevant agencies and gaps in the process and provides
                          recommendation for each GMS country.

                          From Myanmar to Thailand and Home Again: Return
                          and Reintegration of Female Migrant Workers, Allan
                          Beesey for IOM
                          Based on a study of 134 women and girls who were
                          repatriated to Myanmar. Recounts the experiences of
                          migration, rescue or escape, shelter, return and reintegration.
                          Provides recommendations for improvements to be made in
                          the handling of trafficking victims.


                          Myanmar Country Paper for Coordinated Mekong
     Myanmar              Ministerial Initiative against Trafficking (COMMIT),
    Government            Senior Officials Meeting 1, July 28-30, 2006 View
                          Overview of Myanmar’s policies regarding trafficking.


                          ASEAN Responses to Trafficking in Persons, ASEAN,
                          April 2006 View
                          Gives an overview of ASEAN countries’ anti-trafficking
      ASEAN
                          infrastructures. Overview includes national policy
                          framework, national legal framework, institutional structures
                          and bilateral, regional and international agreements.


                          The Role of Victim Support Agencies in the Criminal
                          Justice Response to Human Trafficking: Lessons from
   Asia Regional          Thailand, Cambodia, Lao PDR and Myanmar, Asia
   Cooperation to         Regional Cooperation to Prevent People Trafficking,
   Prevent People         June 2004
    Trafficking           Describes the relationship between criminal justice systems
                          and victim support agencies. Provides recommendations to
                          increase cooperation between the two types of institutions


*This document includes only that information which is pertinent to the report, Long
Road Home by Jerrold W. Huguet and Varamon Ramangkura. It should not be viewed as
a comprehensive listing of all elements of the return and reintegration process.
**The data presented in this document was collected between November 2006 and
January 2007.
                                   THAILAND

    Desk Review of Information Gathered in Preparation for the IOM Report:

                           THE LONG ROAD HOME:
 Analysis of Regional and National Processes for the Return and Reintegration of
             Victims of Trafficking in the Greater Mekong Sub-region

                  By Jerrold W. Huguet and Varamon Ramangkura

                                  I. AGENCIES

                          Royal Thai Police
                          Encounter victims of trafficking through routine policing
                          operations, referrals, and raids of facilities suspected of
                          housing victims of trafficking. Work with Thai Department
                          of Social Development and Welfare to screen individuals
                          and identify victims of trafficking.
                          www.royalthaipolice.go.th

                          Immigration Bureau
Victim Identification
                          Screen individuals at the Immigration Detention Center and
                          other locations to identify victims of trafficking.
                          www.immigration.go.th

                          NGOs
                          Identify victims of trafficking through case referrals,
                          watchdog partners, and investigative operations. Refer
                          identified victims to the Royal Thai Police or Thailand
                          Department of Social Development and Welfare.


                          Thailand Department of Social Development and
                          Welfare (DSDW)
                          Provides for the protection, rehabilitation and
                          accommodation of victims until their repatriation to their
                          home countries. Conducts preliminary interviews with
                          victims and provides information to investigators. Maintains
    Shelter and
                          six permanent and 93 temporary shelters for trafficking
    Assistance
                          victims including the Baan Kred Trakarn Protection
                          Vocational Training Center for Women and the Baan
                          Phumiwet Reception Home for Boys.
                          www.dsdw.go.th

                          Coordination Center for Protection of Child Rights
                          (CCPRC)
                Participates in the Chiang Mai model in Northern Thailand,
                sheltering victims until their repatriation to their home
                countries.

                NGOs
                Many NGOs provide shelter and assistance to victims of
                trafficking.


                Thailand Department of Social Development and
                Welfare (DSDW)
                Processes and shelters victims. (see above)
                www.dsdw.go.th

                International Organization for Migration
                Provides the DSDW with caseworkers to assist in victim
                identification, family tracing, and family assessment.
                Participates in the transportation of victims from shelters in
                Thailand to their home communities.
                www.iom-seasia.org

                Save the Children – UK
                Conducts family assessments in Myanmar using information
                received from IOM. Participates in the transportation of
                victims from shelters in Thailand to their home communities
                in Myanmar and China.
Victim Return   www.savethechildren.org.uk
Bangkok Model
                World Vision Myanmar
                Conducts family assessments in Myanmar using information
                received from the IOM. Participates in the transportation of
                victims from shelters in Thailand to the Myanmar border and
                to their home communities.
                www.wvasiapacific.org

                Myawaddy Reception Center (Myanmar Office)
                Processes Myanmar nationals at the Myanmar border.

                The Embassy of Myanmar – Bangkok
                Processes Myanmar nationals in preparation for repatriation.

                Lao Ministry of Labour and Social Welfare
                Conducts family tracing and assessment for victims from Lao
                PDR through provincial and district offices.

                Lao Social Welfare Department
                   Coordinates with the IOM and Thailand DSDW to arrange
                   for the return of Lao trafficking victims.

                   The Embassy of Lao PDR – Bangkok
                   Assists in the repatriation of trafficking victims to Lao PDR.

                   Cambodian Ministry of Social Affairs, Labor, Vocational
                   Training and Youth Rehabilitation (MOSALVY)
                   Operates the Poipet Transit Center on the Thai-Cambodian
                   border and the Battambang Reception Center.
                   www.mosalvy.gov.kh

                   Cambodia Women’s Crisis Center (CWCC)
                   Provides accommodation for female Cambodian trafficking
                   victims aged 12 and older. Assists in the family tracing and
                   assessment process for Cambodian victims.
                   http://www.cwcc.org.kh/

                   Goutte d’Eau
                   Provides accommodation for Cambodian victims of
                   trafficking under the age of 12. Assists in the family tracing
                   and assessment process.
                   http://www.gouttedeau.org/neakloeung

                   The Embassy of China – Bangkok
                   Verifies the nationality and place of origin for Chinese
                   trafficking victims. Coordinates with the Thailand
                   Department of Social Development and Welfare on the
                   return of trafficking victims to China.
                   http://www.chinaembassy.or.th/eng/

                   The Embassy of Vietnam – Bangkok
                   Assists with case processing and return for Vietnamese
                   trafficking victims.
                   www.vietnamembassy.or.th


                   Coordination Unit for Anti-Trafficking Operations –
                   Northern Thailand (TRAFCORD)
                   Coalition of NGOs. Identifies victims and cares for them
 Victim Return     until their repatriation to their home countries.
Chiang Mai Model   www.trafcord.org

                   Coordination Center for Protection of Child Rights
                   (CCPRC)
                   Conducts needs assessments for victims. Cares for victims
                until their repatriation to their home countries.

                Thailand Department of Social Development and Welfare
                (DSDW)
                Processes and shelters victims. (see above)
                www.dsdw.go.th

                New Life Foundation
                Shelters trafficking victims in Northern Thailand prior to
                repatriation to their home countries.

                Development and Education Programme for Daughters
                and Communities (DEPDC) in Chiang Rai
                Provides education, vocational training and full time
                accommodation to trafficking victims.
                www.depdc.org

                Chinese Consulate in Chiang Mai
                Interviews trafficking victims, assists with verifying their
                nationality and place of origin, and coordinates with the
                Thailand Department of Social Development and Welfare on
                the return of trafficking victims to China.


                International Organization for Migration (IOM)
                Supports World Vision Myanmar and Save the Children UK
                in the provision of reintegration assistance.
                www.iom-seasia.org

                World Vision Myanmar
                Provides reintegration assistance to trafficking victims
                repatriated to Myanmar. Submits follow-up reports to IOM.
                www.wvasiapacific.org
Reintegration
                Save the Children – UK
 Assistance
                Provides reintegration assistance to trafficking victims
                repatriated to Myanmar. Submits follow-up reports to IOM.
                www.savethechildren.org.uk

                Lao Social Welfare Department
                Assigns returnees to district-level caseworkers that will
                facilitate reintegration to Lao PDR. Provides assistance
                tailored to victims’ needs, including economic, education,
                health and housing assistance.

                Lao Women Union
                 Partners with the Lao Social Welfare Department in
                 providing reintegration assistance. Provides micro-credit
                 opportunities and grants to returnees who develop business
                 plans.

                 Cambodia Women’s Crisis Center (CWCC)
                 Provides counseling, medical treatment, vocational training,
                 education, and other services to Cambodian females aged 12
                 and older in preparation for reintegration to their home
                 communities.
                 http://www.cwcc.org.kh/

                 Goutte d’Eau
                 Provides educational opportunities, vocational training and
                 other services to facilitate the reintegration of child
                 trafficking victims from Cambodia.
                 http://www.gouttedeau.org/neakloeung

                 Battambang Reception Center
                 Run by MOSALVY. Provides a range of activities to
                 stabilize victims and initiate reintegration to their home
                 communities in Cambodia.

                 Long-Term Care Shelters in Cambodia
                 Various NGOs provide for long-term care when family
                 reunification cannot be accomplished within 2 to 3 months.

                    II. LEGAL FRAMEWORK

                 MOU between Cambodia and Thailand on Bilateral
                 Cooperation for Eliminating Trafficking in Children and
                 Women and Assisting Victims of Trafficking (2003) View
                 Requires state institutions to treat trafficked persons as
                 victims rather than offenders of immigration laws. Describes
                 the appropriate standards for safety and care for trafficking
                 victims and encourages increased communication between
Memorandums of   the two countries during the repatriation process. Describes
 Understanding   necessary repatriation measures including medical care,
                 counseling, education, and vocational training. See Articles
                 7, 9, 16, 17, 18 and 19.

                 MOU between Thailand and Lao PDR on Cooperation to
                 Combat Trafficking in Persons, Especially Women and
                 Children (2005) View
                 States that each party should provide sufficient care to
                 trafficking victims until the time of their repatriation.
Requires parties to coordinate on the logistical details of the
return process. Stipulates that each party should assign a
government agency to be the “focal point” of assistance
provided to trafficking victims. Sets standards for the
reintegration of trafficking victims into their home
communities.

MOU on Common Guidelines and Practices for
Government Agencies Engaged in Addressing Trafficking
in Children and Women (2003) View
Requires government agencies to communicate with agencies
in other countries concerning the wellbeing of foreign
victims of human trafficking. Instructs agencies to seek the
assistance of foreign embassies in working with trafficking
victims from other countries. Encourages the recording of
pre-trial testimony to promote the rapid repatriation of
victims of trafficking. Sets standards of care for
accommodation and provision of services to trafficking
victims. See Article 5.

MOU on Operations between State Agencies and Non-
Governmental Organization (NGOs) Engaged in
Addressing Trafficking in Children and Women (2000)
View
Promotes cooperation between the various agencies and
NGOs that provide services to victims. Allows state agencies
to hand over custody of victims to NGOs. Assigns
responsibility over repatriation procedures, such as family
tracing, family assessment, and international transportation,
to various agencies. See Articles 3 and 5.

Operational Guidelines of NGOs Engaged in Addressing
Trafficking in Children and Women View
Provides guidelines for NGOs when working with victims.
Defines procedures for providing physical and mental care
and describes NGOs’ roles in the process of repatriation. See
Articles 4, 6 and 7.

MOU on Common Guidelines and Practices for Agencies
Concerned with Cases of Trafficking in Women and
Children in the 17 Northern Provinces (2007)
Creates a Provincial Operation Center on Prevention and
Suppression of Human Trafficking, to coordinate efforts to
combat trafficking in the 17 northern provinces. Assigns
parties responsibility for conducting preliminary interviews,
factual inquiries, and medical and psychological
examinations. Calls for the proper care of victims in
appropriate shelters and for the rapid return of victims to
their home countries.

MOU on Common Guidelines and Practices for Agencies
Concerned with Cases of Trafficking in Women and
Children in the 8 Eastern Provinces
Creates a Provincial Operation Center on Prevention and
Suppression of Human Trafficking, to coordinate efforts to
combat trafficking in the eight eastern provinces. Assigns
parties responsibility for conducting preliminary interviews,
factual inquiries, and medical and psychological
examinations. Calls for the proper care of victims in
appropriate shelters and for the rapid return of victims to
their home countries.

MOU on Common Guidelines and Practices for Agencies
Concerned with Cases of Trafficking in Women and
Children in the 19 North Eastern Provinces
Creates a Provincial Operation Center on Prevention and
Suppression of Human Trafficking, to coordinate efforts to
combat trafficking in the 19 north eastern provinces. Assigns
parties responsibility for conducting preliminary interviews,
factual inquiries, and medical and psychological
examinations. Calls for the proper care of victims in
appropriate shelters and for the rapid return of victims to
their home countries.

MOU on Common Guidelines and Practices for Agencies
Concerned with Cases of Trafficking in Women and
Children in the 8 South Eastern Provinces
Creates a Provincial Operation Center on Prevention and
Suppression of Human Trafficking, to coordinate efforts to
combat trafficking in the eight south eastern provinces.
Assigns parties responsibility for conducting preliminary
interviews, factual inquiries, and medical and psychological
examinations. Calls for the proper care of victims in
appropriate shelters and for the rapid return of victims to
their home countries.

MOU on Common Guidelines and Practices for Agencies
Concerned with Cases of Trafficking in Women and
Children in the 6 South Western Provinces
Creates a Provincial Operation Center on Prevention and
Suppression of Human Trafficking, to coordinate efforts to
combat trafficking in the six south western provinces.
                       Assigns parties responsibility for conducting preliminary
                       interviews, factual inquiries, and medical and psychological
                       examinations. Calls for the proper care of victims in
                       appropriate shelters and for the rapid return of victims to
                       their home countries.


                       International Covenant on Civil and Political Rights
                       (ICCPR) View
                       Establishes an individual’s right to leave any country, even
                       his own, and states that no one should be arbitrarily deprived
                       of the right to enter his own country. Individuals may not be
                       expelled from the territory of a State Party except by the
                       proper operation of the law including a chance to challenge
                       the expulsion. See articles 12 and 13.

                       Convention on Rights of the Child (CRC) View
                       Calls upon State Parties to give primary consideration to the
                       interests of children in all official actions. Requires State
                       Parties to take measures to combat the illicit transfer of
                       children abroad and to provide for the needs of children
                       without families. Calls upon State Parties to provide for the
                       physical, psychological and social needs of children who
                       have been mistreated. See Articles 3(1)&(3), 11(1), 20 and
                       39.
   International
Agreements to which
                       Convention on the Elimination of all Forms of
 Thailand is a Party
                       Discrimination Against Women (CEDAW) View
                       Requires State Parties to take all appropriate measures to
                       suppress traffic in women and exploitation of prostitution of
                       women. Establishes the Committee on the Elimination of
                       Discrimination Against Women, which monitors the
                       compliance of State Parties with the terms of the Convention.
                       See Articles 6 and 17.

                       Convention Concerning Forced Labor (ILO Convention
                       No. 29) View
                       Calls for the suppression of the use of forced labor in all its
                       forms.

                       Convention Concerning the Abolition of Forced Labor
                       (ILO Convention No. 105) View
                       Calls for the immediate and complete abolition of the use of
                       forced labor.

                       Convention Concerning the Prohibition and Immediate
                    Action for the Elimination of the Worst Forms of Child
                    Labor (ILO Convention No. 182) View
                    Requires State Parties to take immediate action to eliminate
                    the worst forms of child labor. “Worst forms” include
                    slavery, trafficking, debt bondage, compulsory recruitment of
                    children for use in armed conflict, use of children for sexual
                    exploitation or pornography and work that is likely to harm
                    the health, safety or morals of children. See Articles 1 and 3.

                    The Coordinated Mekong Ministerial Initiative Against
                    Trafficking (COMMIT) View
                    Aimed at creating a regional system to combat human
                    trafficking. Directed by a Sub-Regional Plan of Action
                    (SPA) and specific Project Proposal Concepts (PPCs).
                    Promotes sensitivity to the unique needs of women and
                    children. Calls upon State Parties to quickly identify
                    trafficking victims and provide for their personal needs and
                    safety during the repatriation process. Facilitates the effective
                    reintegration of victims so that they will not be re-trafficked.


                    Thai Criminal Procedure Code
                    Requires that children taking part in an inquiry be examined
                    separately in the presence of a psychologist or social worker
                    and that the examination be video recorded. Allows child
                    victims giving testimony to be examined through a
                    psychologist. Allows courts to hold trials behind closed
                    doors. See Sections 133 bis., 133 ter., 172, 172 ter. And 177.

                    The Immigration Act (1979) View
                    Grants competent officials the authority to expel or detain
                    aliens illegally in Thailand. See Articles 19, 22 and 54.
Thailand National
      Laws          The Prevention and Suppression of Prostitution Act
                    (1996) View
                    Grants authority to the appropriate government officials to
                    take a victim who has been forced to perform acts of
                    prostitution to an inquiry official for investigation of possible
                    crimes. See Section 39.

                    Measures in the Prevention and Suppression of
                    Trafficking in Women and Children Act (1997) View
                    Empowers officials to summon an individual or to search a
                    place or vehicle in order to investigate a criminal offense.
                    Limits the detention of a trafficking victim for purposes of
                    soliciting information to 10 days. Provides for the recording
                     of pre-trial testimony in trafficking cases so that victims may
                     be quickly repatriated. See Articles 9, 10, 12 and 13.

                     Witness Protection Act (2003) View
                     Grants competent officers the authority to design witness-
                     specific protection measures. Witnesses in trafficking cases
                     are qualified for “special protection measures.” Lists the
                     measures available to the Witness Protection Bureau. See
                     Articles 6 – 10.

                     Child Protection Act (2003) View
                     Requires primary importance be given to the best interests of
                     the child in all dealings with children. Provides standards for
                     the care of children while in government custody. See
                     Articles 22, 28, 29, 30 and 37.

                    III. MEETINGS AND WORKSHOPS

                     COMMIT, Senior Officials Meeting (SOM 1), Summary
                     of Conference, July 28-30, 2004 Report
                     Senior officials from COMMIT State Parties presented
                     country papers, exchanged information and discussed the
                     draft COMMIT MOU.

                     Thai-Lao Joint Task Force Meeting, February 6-8, 2006
                     Task force established by Section 18 of 2005 MOU between
                     Thailand and Lao PDR on Cooperation to Combat
                     Trafficking in Persons, Especially Women and Children.
                     Revised the standard operating procedures for return and
                     reintegration of trafficking victims from Thailand to Lao
                     PDR. Agreed to the expansion of services provided at the
Intergovernmental
                     Vientiane Transit Center, the involvement of the Lao
     Meetings
                     embassy in confirming Lao nationality, and the provision of
                     legal information to trafficking victims.

                     Cross-Border Meeting on Coordination between Thailand
                     and Lao PDR on the Return and Reintegration of Lao
                     Trafficking Victims, Vientiane, Lao PDR, July 3-4, 2003
                     Attended by representatives of agencies from both countries.
                     Reviewed the process for victim identification in Thailand,
                     family tracing and assessment procedures, the return process,
                     and reintegration measures in Lao PDR.

                     Second Cross-Border Workshop on Coordination
                     between Thailand and Lao PDR on the Return and
                     Reintegration of Lao Trafficking Victims, Bangkok,
                       Thailand, January 15-16, 2004
                       Attended by representatives of agencies from both countries.
                       Reviewed the standard operating procedures for the return
                       and reintegration of trafficking victims from Thailand to Lao
                       PDR.

                       Consultation Meeting: Return and Reintegration of
                       Children and Women from Myanmar Trafficked to/in
                       Thailand, May 19-20, 2003, Bangkok Report
                       Government officers and NGO representatives from Thailand
                       and Myanmar discussed the return and reintegration of
                       trafficking victims from Thailand to Myanmar.



                       Reintegration of Trafficking Victims: Defining Success
                       and Developing Indicators: Cambodia, Laos, Myanmar,
                       and Vietnam, Workshop by Oren Ginzburg for IOM,
  IOM Workshop
                       January 12, 2003
                       Workshops held in Cambodia, Lao PDR, Vietnam, and
                       Myanmar. Participants discussed reintegration procedures.


                       “Repatriation Meeting,” December 2, 2004 UNODC
                       Discussed the repatriation process between Thailand and
     UNODC
                       Cambodia. Participants included government officers, IOM
                       and UNIAP.

                           IV. PLAN OF ACTION

                       National Plan and Policy on Prevention and Resolution of
                       Domestic and Cross-border Trafficking in Children and
                       Women (2003)
                       Provides guidelines for government and non-governmental
                       parties to combat human trafficking. Includes a three-year
                       program on return and reintegration of trafficked victims and
Government Plans of
                       a six-year program on victim follow-up and evaluation.
      Action
                       Plan of Action under MOU between Thailand and Lao
                       PDR on Cooperation to Combat Trafficking in Persons,
                       Especially Women and Children (2005)
                       Outlines a three-year activity plan under the Thailand-Lao
                       PDR MOU on trafficking.

                      V. OPERATIONAL GUIDELINES
    Inter-State
  Guidelines     Guidelines on Repatriation of Trafficking Victims for
                 Cambodia and Thailand (supplementing the MOU
                 between Thailand and Cambodia on Bilateral
                 Cooperation for Eliminating Trafficking in Children and
                 Women and Assisting Victims of Trafficking (2003))
                 Sets out a common operational approach to repatriation, with
                 guidelines on victim identification, referral to the Thailand
                 DSDW, and repatriation.


                 Internal Guideline for Return and Reintegration Process
                 for Trafficked Victims
                 Describes IOM’s process of interviewing victims, family
                 tracing, return and repatriation, and follow-up, and the role of
                 partner agencies, in the return of trafficking victims from
                 Thailand to Myanmar, Lao PDR and Cambodia. Also
IOM Guidelines   describes difficulties that may be faced in each process.

                 Assisted Voluntary Return Procedures of Vietnamese
                 Victims of Trafficking in Thailand
                 Describes the steps taken and agencies involved in the
                 assisted voluntary return of Vietnamese trafficked victims
                 from Thailand to Vietnam.

                          VI. REPORTS

                 Project Completion Report: Return and Reintegration of
                 Trafficked and Other Vulnerable Women and Children
                 between Selected Countries in the Mekong Region,
                 Funded by AusAID, April 2004
                 Assessment of IOM project on return and reintegration.
                 Comments on the project’s effectiveness, efficiency and
                 sustainability and provides strengths, weaknesses and lessons
                 learned.

    IOM          From Lao PDR to Thailand and Home Again:
                 Repatriation of Trafficking Victims and Other Exploited
                 Women and Girl Workers, a Study of 124 Cases, Allan
                 Beesey for IOM, May 2004
                 Based on a study of 124 migrants repatriated from Thailand
                 to Lao PDR. Recounts their experiences of migration, rescue
                 or escape, shelter, return and reintegration. Provides
                 recommendations for improvements to be made in the
                 handling of trafficking victims.

                 Building Roads Home, an overview and analysis of return
             and reintegration systems for trafficking victims within
             the Mekong Sub-region, IOM Internal Assessment, 2003
             Comprehensive overview of the systems for the return and
             reintegration of trafficking victims in the GMS. Identifies
             relevant agencies and gaps in the process and provides
             recommendations for each GMS country.

             Project Completion Report: Return and Reintegration of
             Trafficked and Other Vulnerable Women and Children
             between Selected Countries in the Mekong Region,
             Funded by AusAID, April 2004
             Assessment of IOM project on return and reintegration.
             Comments on the project’s effectiveness, efficiency and
             sustainability and provides strengths, weaknesses and lessons
             learned.

             From Myanmar to Thailand and Home Again: Return
             and Reintegration of Female Migrant Workers, Allan
             Beesey for IOM
             Based on a study of 134 women and girls who were
             repatriated to Myanmar. Recounts the experiences of
             migration, rescue or escape, shelter, return and reintegration.
             Provides recommendations for improvements to be made in
             the handling of trafficking victims.

             Review and Assessment of the Situation of the Returned
             Cambodian Children and Women Trafficked to Thailand
             and of the Assistance and Reintegration Mechanisms in
             Cambodia, Sonia Margallo and Lath Poch for IOM,
             January 2002 View
             Describes the effect of the trafficking experience on victims.
             Reviews the assistance received by victims and their
             situations upon repatriation.


             Thailand Country Paper for Coordinated Mekong
 Thailand    Ministerial Initiative against Trafficking (COMMIT),
Government   Senior Officials Meeting 1, July 28-30, 2006 View
             Overview of Thailand’s policies regarding trafficking.


             ASEAN Responses to Trafficking in Persons, ASEAN,
             April 2006 View
 ASEAN
             Gives an overview of ASEAN countries’ anti-trafficking
             infrastructures. Overview includes national policy
             framework, national legal framework, institutional structures
                          and bilateral, regional and international agreements.


                          The Role of Victim Support Agencies in the Criminal
                          Justice Response to Human Trafficking: Lessons from
   Asia Regional          Thailand, Cambodia, Lao PDR and Myanmar, Asia
   Cooperation to         Regional Cooperation to Prevent People Trafficking,
   Prevent People         June 2004
    Trafficking           Describes the relationship between criminal justice systems
                          and victim support agencies. Provides recommendations to
                          increase cooperation between the two types of institutions


*This document includes only that information which is pertinent to the report, Long
Road Home by Jerrold W. Huguet and Varamon Ramangkura. It should not be viewed as
a comprehensive listing of all elements of the return and reintegration process.

**The data presented in this document was collected between November 2006 and
January 2007.
                                   VIETNAM

   Desk Review of Information Gathered in Preparation for the IOM Report:

                          THE LONG ROAD HOME:
Analysis of Regional and National Processes for the Return and Reintegration of
            Victims of Trafficking in the Greater Mekong Sub-region

                 By Jerrold W. Huguet and Varamon Ramangkura

                                  I. AGENCIES

                       Thailand Department of Social Development and Welfare
                       (DSDW)
                       Provides for the protection, rehabilitation and accommodation
                       of victims until their repatriation to Vietnam. Conducts
                       preliminary interviews with victims and provides information
                       to investigators. Maintains six permanent and 93 temporary
                       shelters for trafficking victims including the Baan Kred
   Shelter and
                       Trakarn Protection Vocational Training Center for Women and
   Assistance
                       the Baan Phumiwet Reception Home for Boys.
                       www.dsdw.go.th

                       Coordination Center for Protection of Child Rights
                       (CCPRC)
                       Participates in the Chiang Mai model in Northern Thailand,
                       sheltering victims until their repatriation to Vietnam.


                       International Organization for Migration (IOM)
                       Assists in victim identification, family tracing, and family
                       assessment. Facilitates the return of victims from Thailand to
                       Vietnam.
                       www.iom-seasia.org

                       Thailand Department of Social Development and Welfare
Return of Victims
                       (DSDW)
from Thailand to
                       Provides for the protection, rehabilitation and accommodation
    Vietnam
                       of victims until their repatriation to Vietnam. Conducts
                       preliminary interviews with victims and provides information
                       to investigators. Maintains six permanent and 93 temporary
                       shelters for trafficking victims including the Baan Kred
                       Trakarn Protection Vocational Training Center for Women and
                       the Baan Phumiwet Reception Home for Boys.
                       www.dsdw.go.th
                    The Embassy of Vietnam in Bangkok
                    Assists with case processing and return.
                    www.vietnamembassy.or.th


                    Cambodian Ministry of Social Affairs, Labor, Vocational
                    Training and Youth Rehabilitation (MOSALVY)
                    Transmits information on Vietnamese trafficking victims to the
                    Vietnamese embassy.
                    www.mosalvy.gov.kh

                    The Embassy of Vietnam in Cambodia
                    Transmits victim information to the Vietnamese Ministry of
                    Public Security to conduct family tracing.

Return of Victims   Vietnam Central Women’s Union
from Cambodia to    Collaborates with the Vietnamese Ministry of Public Security
    Vietnam         to conduct family tracing.

                    International Organization for Migration (IOM)
                    Collaborates with NGOs to organize successful return.
                    Organizes the movement of victims to the border and monitors
                    the handover of victims to the Vietnamese government or an
                    appropriate NGO.
                    www.iom-seasia.org

                    NOTE: A majority of Vietnamese trafficking victims in
                    Cambodia return to Vietnam via informal channels.


                    Chinese Authorities
                    Notify Lang Son border guard units of the return of
                    Vietnamese trafficking victims.
Return of Victims
                    Lang Son Border Guard Units
 from China to
                    Screen returnees and verify Vietnamese citizenship.
    Vietnam
                    Vietnam Central Women’s Union
                    Coordinate with Lang Son Border guard units in verifying
                    Vietnamese citizenship.

                       II. LEGAL FRAMEWORK

Memorandum of       MOU between Cambodia and Vietnam on Bilateral
Understanding       Cooperation for Eliminating Trafficking in Women and
                    Children and Assisting Victims of Trafficking (2005) View
                     Requires state institutions to treat trafficked persons as victims
                     rather than offender of immigration laws. Describes measures
                     to be taken in the care and repatriation of trafficking victims.
                     Calls for the establishment of a Working Group in each country
                     to oversee the repatriation process. See Articles 5, 11, 12 and
                     13.


                     Convention on the Protection of the Rights of All Migrant
                     Workers and Members of Their Families View
                     State Parties commit to respect the rights described by the
                     convention.

                     International Covenant on Civil and Political Rights
                     (ICCPR) View
                     Establishes an individual’s right to leave any country, even his
                     own, and states that no one should be arbitrarily deprived of the
                     right to enter his own country. Individuals may not be expelled
                     from the territory of a State Party except by the proper
                     operation of the law including a chance to challenge the
                     expulsion. See articles 12 and 13.

                     Convention on Rights of the Child View
                     Calls upon State Parties to give primary consideration to the
                     interests of children in all official actions. Requires State
  International
                     Parties to take measures to combat the illicit transfer of
  Agreement to
                     children abroad and to provide for the needs of children
which Vietnam is a
                     without families. Calls upon State Parties to provide for the
      Party
                     physical, psychological and social needs of children who have
                     been mistreated. See Articles 3, 11, 20 and 39.

                     Convention on the Elimination of all Forms of
                     Discrimination Against Women (CEDAW) View
                     Requires State Parties to take all appropriate measures to
                     suppress traffic in women and exploitation of prostitution of
                     women. Establishes the Committee on the Elimination of
                     Discrimination Against Women, which monitors the
                     compliance of State Parties with the terms of the Convention.
                     See Articles 6 and 17.

                     Convention Concerning the Prohibition and Immediate
                     Action for the Elimination of the Worst Forms of Child
                     Labor (ILO Convention No. 182) View
                     Requires State Parties to take immediate action to eliminate the
                     worst forms of child labor. “Worst forms” include slavery,
                     trafficking, debt bondage, compulsory recruitment of children
                    for use in armed conflict, use of children for sexual
                    exploitation or pornography and work that is likely to harm the
                    health, safety or morals of children. See Articles 1 and 3.

                    The Coordinated Mekong Ministerial Initiative Against
                    Trafficking (COMMIT) View
                    Aimed at creating a regional system to combat human
                    trafficking. Directed by a Sub-Regional Plan of Action (SPA)
                    and specific Project Proposal Concepts (PPCs). Promotes
                    sensitivity to the unique needs of women and children. Calls
                    upon State Parties to quickly identify trafficking victims and
                    provide for their personal needs and safety during the
                    repatriation process. Facilitates the effective reintegration of
                    victims so that they will not be re-trafficked.


                    Law on Child Protection, Care and Education View
Vietnam National
                    Describes protections and rights guaranteed to Vietnamese
      Law
                    children under the age of 16.

                    III. MEETINGS AND WORKSHIPS

                    COMMIT, Senior Officials Meeting (SOM 1), Summary of
                    Conference, July 28-30, 2004 Report
                    Senior officials from COMMIT State Parties presented country
                    papers, exchanged information and discussed the draft
                    COMMIT MOU.

                    Repatriation of Vietnamese Victims of Trafficking
                    Workshop by Ministry of Social Affairs, Vocational
                    Training, Youth and Veterans Affairs (MOSALVY), Royal
Intergovernmental   Government of Cambodia, supported by IOM, funded by
 Workshops and      AusAID, September 4, 2003
     Meetings       Organized by Cambodian government. Produced a diagram of
                    the process of reintegration of trafficking victims from
                    Vietnam to Cambodia.

                    Workshop of Vietnam, Lao and Cambodia
                    Parliamentarians on Legislature and Policy to Combat
                    Trafficking in Women and Children, 24-25 June 2005
                    Includes an analysis of recovery and reintegration systems for
                    trafficking victims in Vietnam.



IOM Workshops
                    Reintegration of Trafficking Victims: Defining Success and
                    Developing Indicators: Cambodia, Laos, Myanmar, and
                    Vietnam, Workshop by Oren Ginzburg for IOM, January
                    12, 2003
                    Workshops held in Cambodia, Lao PDR, Vietnam, and
                    Myanmar. Participants discussed reintegration procedures.

                         IV. PLANS OF ACTION

                    Decision of the Prime Minister: Approval of the National
                    Plan of Action against Crime of Trafficking in Children
                    and Women during the Period of 2004-2010, 14 July 2004
                    View
                    Approved the National Plan of Action against Crime of
                    Trafficking in Children and Women during
National Plans of
     Action         National Plan of Action against Crime of Trafficking in
                    Children and Women during the Period of 2004-2010 View
                    Includes a summary of the situation of trafficking in children
                    and women, achievements in the prevention and combating of
                    the crime of trafficking, a strategic plan for the years 2004-
                    2010 and an implementation arrangement assigning
                    responsibilities.

                    V. OPERATIONAL GUIDELINES

                    Assisted Voluntary Return Procedures of Vietnamese
                    Victims of Trafficking in Thailand
                    Describes each step taken and the agencies involved in the
                    process of assisted voluntary return of Vietnamese trafficking
                    victims from Thailand to Vietnam.

IOM Guidelines      Standard Operating Procedures: Repatriation of
                    Vietnamese Victims of Trafficking from Cambodia to
                    Vietnam, December 2003, IOM and the Communication
                    and Documentation Center, Ministry of Social Affairs,
                    Labour, Vocational Training and Youth Rehabilitation
                    Describes the process for returning trafficking victims from
                    Cambodia to Vietnam.

                              VI. REPORTS

                    Project Completion Report: Return and Reintegration of
                    Trafficked and Other Vulnerable Women and Children
      IOM
                    between Selected Countries in the Mekong Region, Funded
                    by AusAID, April 2004
                    Assessment of IOM project on return and reintegration.
Comments on the project’s effectiveness, efficiency and
sustainability and provides strengths, weaknesses and lessons
learned.

Building Roads Home, an overview and analysis of return
and reintegration systems for trafficking victims within the
Mekong Sub-region, IOM Internal Assessment, 2003
Comprehensive overview of the systems for the return and
reintegration of trafficking victims in the GMS. Identifies
relevant agencies and gaps in the process and provides
recommendation for each GMS country.

Return and Reintegration of Trafficked and Other
Vulnerable Women and Children among Selected
Countries in the Greater Mekong Sub-Region, Assessment,
Recommendations, and a Way Forward, 2003
IOM internal report on return and reintegration of trafficked
victims. Gives the views of various government agencies and
NGOs on IOM’s return and reintegration project. Provides
recommendations for improvements in the return and
reintegration process.

Needs Assessment and Situational Analysis of Migration
and Trafficking for Svay Rieng Province to Vietnam for
Begging: the Long-Term Recovery and Reintegration
Assistance to Trafficked Women and Children Project,
February 2004
Produced by the collaborative efforts of IOM and the Ministry
of Social Affairs, Labour, Vocational Training and Youth
Rehabilitation. Discusses the push and pull factors which are
relevant in designing prevention measures.

Repatriation of Vietnamese Victims of Trafficking from
Cambodia to Vietnam, Final Report and
Recommendations, Anneka Farrington, Technical Advisor,
December 2003
Evaluates the process of victim repatriation from Cambodia to
Vietnam in light of the IOM regional project on return and
reintegration. Describes the actors involved in this process.
Provides a list of recommendations drawn from observation,
experiences, interviews and informal discussions.

The Journey Home: Return and Reintegration of
Vietnamese Women and Girls from the Sex Trade in
Cambodia, A Study on the Situation of Vietnamese Victims
of Trafficking in Cambodia and Returned Victims of
             Trafficking from Cambodia to Vietnam, Allan Beesey,
             September 26, 2003
             Reviews many issues relating to the sex trade and trafficking
             between Cambodia and Vietnam, including return, repatriation,
             reintegration and recommendations. See Chapters 8-11.

             A Study on the Situation of Cambodian Victims of
             Trafficking in Vietnam and Returned Victims of
             Trafficking from Vietnam to Cambodia by Social
             Development Research & Consultancy (SRDC), Ho Chi
             Minh City, Vietnam, funded by AusAID, November 2002
             Discusses types of pre-return services provided to Cambodian
             children, types of community return and reintegration
             assistance provided to Combodian Children in Svay Reing
             Province, factors affecting reintegration and recommendations


             Vietnam Country Paper for Coordinated Mekong
 Vietnam     Ministerial Initiative against Trafficking (COMMIT),
Government   Senior Officials Meeting 1, July 28-30, 2006 View
             Overview of Vietnam’s policies regarding trafficking.


             Return of Cambodians from Vietnam, Svay Rieng, 1st
             January – 31st December 2005, Department of Social
             Affairs, Veterans and Youth Rehabilitation, by Phiev Khay
             View
             Compiled by the IOM’s Long-Term Recovery Reintegration
             Assistance to Trafficked Women and Children Project, in
             consultation with DSVY Svay Rieng case workers and data
             about the returnees from Vietnam collected by DSVY.

             The Return and Reintegration of Victims of Trafficking
Cambodian    from Cambodia to Thailand during 1st July 2004 – 30
Government   March 2005 and Repatriation from Cambodia to Vietnam
             of Vietnamese Victims of Trafficking from 15th May 1999 –
             30 March 2005, compiled by Ministry of Social Affairs,
             Veterans and Youth Rehabilitation (MoSVY) staff based at
             the Anti-Trafficking and Reintegration Office supported by
             the Coordination and Documentation Project, IOM
             Mission in Cambodia View
             Discusses the process of return and reintegration of victims of
             trafficking from Cambodia to Thailand and the process of
             repatriation from Cambodia to Vietnam. Consider the sex, age,
             and family situation of trafficked victims, the wishes of the
             trafficked persons at the time of repatriation, and the length of
         time between arrest/rescue and repatriation/integration.


         ASEAN Responses to Trafficking in Persons, ASEAN,
         April 2006 View
         Gives an overview of ASEAN countries’ anti-trafficking
ASEAN
         infrastructures. Overview includes national policy framework,
         national legal framework, institutional structures and bilateral,
         regional and international agreements.


         Assessment of the Legal System in Vietnam in Comparison
         with the United Nations Protocols on Trafficking in Persons
         and Smuggling of Migrants, Supplementing the United
         Nations Convention Against Transnational Organized
         Crime, UNICEF, UNODC, Vietnam Ministry of Justice,
         Department of Criminal and Administrative Laws, April
UNICEF
         2004 View
         Compares the Vietnamese legal system to the obligations set
         forth in the UN Protocol to Prevent, Suppress and Punish
         Trafficking in Persons, Especially Women and Children.
         Includes a section on repatriation and reintegration. See pages
         42-53.

								
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