OVERVIEW

Lao PDR is the only country in the Greater Mekong Sub-Region that shares a border with five other countries: Thailand, Vietnam, Myanmar, Cambodia and China. For centuries, the Mekong River has been a major asset for these countries with respect to trade and communications. However in recent years, conditions within these various countries have begun to vary greatly in terms of development.

This has led to deep economic differences among countries in the region, with a flow-on effect on population mobility and regional migration. In particular, more prosperous countries such as Thailand have become desired destinations for people from less wealthy neighboring countries: Lao PDR, Myanmar and Cambodia.

These migrants are seeking to fill jobs created by the shortage of unskilled labour in Thailand and as a result these migrants frequently end up working in dangerous jobs in plantations, factories, households, on farms and fishing boats as well as in the entertainment sector. In many situations, these workers are kept locked up against their will, are not compensated for their work, and suffer abuse at the hands of their employers. Many women and girls are particularly vulnerable to being trafficked or tricked into the sex trade.

Lao PDR is a country of origin and transit for trafficking in persons. Much of the trafficking in Lao PDR takes place within the context of the large, seasonal labour migration to Thailand. Thousands of young Lao people migrate to Thailand every year. This migration is grounded in a long history of cross-border movement and cultural similarities. Despite similarities in language and culture, the irregular nature of this migration and the lack of protection for migrant workers, makes young Lao people vulnerable to exploitation and abuse. Many young people start their journey as voluntary migrants only to be tricked, cheated, or forced into trafficking situations. It should be noted that, while most people who migrate improve their lives by doing so, trafficking is only one of the potential negative outcomes faced by migrants from Lao PDR. Others include having their savings stolen while returning home, catching a disease (such as HIV), or becoming addicted to drugs, often given to labourers so they can work longer hours. For this reason, many people from migrant communities talk about lucky and unlucky migration, rather than trafficking.

Traditional approaches to preventing trafficking have been focusing on trying to reduce migration per se, by awareness raising, poverty alleviation and tighter controls/punishments for irregular migration. However, recognizing that at least part of the willing supply of labour in Lao PDR is a product of the demand for labour in Thailand, and that migration can be an important poverty alleviation strategy in itself, the Lao PDR Government has come to the realization that new approaches are required to address migration and trafficking issues. In 2002, the Governments of Lao PDR and Thailand signed a Memorandum of Understanding (MOU) on Labour Migration, whose aim was to develop an improved management system in order to regulate labour migration between the two countries. This should assist in increasing protection for migrants and lower their risk of being trafficked, or facing other forms of exploitation. In July 2005, the Lao Government signed another bilateral MOU with the Thai Government to Combat Trafficking in Persons.

Lao PDR is also experiencing an increase in internal migration as well, which has made some Lao women and children vulnerable to internal trafficking and commercial and sexual exploitation within the country. In Lao PDR commercial sexual exploitation usually takes place in nightclubs or small beer-shops.

Government Initiatives

In 2004, the Lao PDR Government established a Ministerial-level National Steering Committee, whose expressed purpose is to make policy recommendations on human trafficking issues. The Deputy Prime Minister chairs this Committee, and the Ministry of Public Security acts as the Secretariat. In addition, the Lao PDR Government also established a Task Force on Trafficking in 2004, which is headed up by the Ministry of Labour and Social Welfare.

The Lao PDR Government, supported by UNICEF has drafted a National Plan of Action Against Commercial and Sexual Exploitation of Children, which is in the final stages of being approved by the National Assembly.

The Lao PDR Government is also currently in the process of drafting a National Plan of Action on Human Trafficking.

Regional Level

In 2004, the Lao PDR Government co-signed the Coordinated Mekong Ministerial Initiative against Trafficking Memorandum of Understanding (COMMIT MOU) along with the five other countries of the Greater Mekong Sub-region: Thailand, Myanmar, China, Cambodia and Vietnam. These six countries have also adopted a COMMIT Sub-regional Plan of Action (SPA). The COMMIT SPA focuses primarily on anti-trafficking activities of a regional and cross-border nature, which build linkages between national governments, UN agencies, and International and National NGO partners. On a regular basis, meetings and discussions are also held between Lao PDR and the other 5 COMMIT countries, as a means of working towards strengthening anti-trafficking initiatives in the region.

At the bilateral level, Lao PDR has signed two MOUs with the government of Thailand, intended to combat trafficking. The first is an MOU between Lao PDR and Thailand on Employment Cooperation, which was signed in 2002. The second is an MOU between Lao PDR and Thailand on Cooperation to Combat Trafficking in Persons, Especially Women and Children, which was signed in 2005, and has led to a Plan of Action (POA). The main objective of the POA is to combat human trafficking by strengthening cross-border cooperation between Thailand and Lao PDR. An important pilot project, which has come out of this POA, is the Thai-Lao Cross Border Collaboration on Tracing Missing Trafficked Victims in Thailand (THALACC). This project is an important first step towards finding Lao citizens who have been trafficked to Thailand.

International Level

Another important convention, currently being considered by the government is the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families.

Lao PDR also participates in many regional/international forums and agreements related to human trafficking, which include: the Regional Commitment and Action Plan of the East Asia and Pacific Region against Commercial Sexual Exploitation of Children, Asia Pacific Consultation, Manila Process, Bali Ministerial Meetings on Trafficking and Migrant Smuggling, and the Bangkok Declaration on Irregular Migration

Protection and Prevention Programmes

In order to combat trafficking, the Government of Lao PDR is working closely with UN agencies and International NGOs, to support protection and prevention programmes in both Vientiane and the Provinces. The Ministry of Labour and Social Welfare (MLSW) is one branch of the Lao PDR Government that actively participates with UN and NGO partners on anti-trafficking advocacy and education programmes. Trafficking prevention projects in Lao PDR can differ in strategy, for example some projects involve reducing risk (making migration safer) while other may attempt to “reduce migration” by addressing social issues relating to youth culture and boredom at the village level.

The Ministry of Labour and Social Welfare has established Child Protection Networks in 5 provinces, 15 districts, and 75 villages. The goal of these networks is to protect children from neglect and abuse, and to raise awareness and exchange information about child protection issues. In villages, the networks are comprised of several focal points such as the heads of villages, village women’s unions, youth unions, teachers, and monks.

The MLSW in cooperation with UNIAP, the International Labour Organization (ILO) and the Asia Regional Cooperation to Prevent People Trafficking (ARCPPT) has undertaken a project to raise the awareness of the Lao Media on issues of human trafficking. In January of 2006, training for media personnel was conducted on the concept of human trafficking. The training’s central objective was to help the media to have a greater understanding of the human trafficking phenomenon in Laos, and to increase the Lao media’s coverage of human trafficking stories.

There are several International NGOs that are currently cooperating with the Government of Lao PDR on trafficking protection and prevention programmes. The activities of most International NGO projects in Lao PDR focus on awareness raising, income generation and vocational training.

International NGOs in Lao PDR which are currently working on human trafficking prevention and protection projects include: Village Focus International (VFI), World Education/Consortium, Norwegian Church Aid (NCA), Save the Children UK/Australia, Care International Lao, AFESIP, Asia Regional Cooperation to Prevent People Trafficking (ARCPPT/ARTIP), World Vision Lao, the Asia Foundation, Lao Red Cross and the Asian Development Bank (ADB).

In late 2006, a trafficking prevention Radio Programme targeted at youth will be broadcast in Laos. The MLSW, UNIAP, Norwegian Church Aid, and World Vision will combine to fund this project. The radio programme will be broadcast on a daily basis and it will include a human trafficking drama, Q&A sessions, real-life human trafficking stories, and interviews with Government and NGO officers who are working in anti-trafficking. The goal of this project is to raise the awareness of Lao youth about the dangers of illegal migration, and how to avoid a trafficking situation.

In 2006, UNICEF produced a feature length Lao-language film called “Lessons of Life” (english subtitled version is available), which depicts a fictional Lao girl named Noi who is initially trafficked into domestic servitude and then later into prostitution in Thailand. The film, which was part of UNICEF’s “Be Smart Be Safe” anti-trafficking campaign, was aired on TV throughout Lao PDR.

Criminal Justice Response

Most trafficking cases in Lao PDR only become evident once the border has been crossed, which can make trafficking law enforcement in Lao PDR very challenging, and emphasizes the need for regional cooperation. In 2003, Lao PDR ratified the Convention Against Transnational Organized Crime (TOC) and it’s anti-trafficking protocol.

In 2004, the President of Lao PDR issued a decree promoting the Law on the Development and Protection of Women. This proposal was first introduced by the Lao Women’s Union. The Law on the Development and Protection of Women is the first piece of anti-trafficking and domestic violence legislation in the history of Lao PDR. Chapter IV of the law addresses trafficking in women and children, providing assistance to the victims of trafficking, as well as penalizing traffickers. In 2005, the Lao Women’s Union (LWU) organized law dissemination workshops on the Law on the Development and Protection of Women, which were held throughout the country.

In 2006, Article 134 was added to the Lao PDR Penal Code. Prior to 2006, the Penal Code only contained articles, criminalizing smuggling and prostitution. Article 134 however directly deals with prosecuting human traffickers and the article covers trafficking in men, women & children. With the combination of the Law on the Development and Protection of Women and Article 134 of the Lao PDR Penal Code it has now become possible to prosecute traffickers in Lao PDR. Last year, the first trafficker was arrested and sentenced under the new law to a prison term of 15 years.

Arrests and Prosecutions

Although the case mentioned above was the first under the new law, several trafficking cases in Lao PDR have previously been prosecuted using other laws (such as smuggling). In 2005, the Ministry of Public Security approved a new specialist trafficking response unit within the Department of Immigration. The unit, known as the Lao Anti-People Trafficking Unit (LAPTU) is currently working towards establishing a system to record the numbers and outcomes of arrests and prosecutions related to human trafficking in Lao PDR. In addition, a system is being established by LAPTU to ensure that information collected from trafficking victims returned from Thailand will be used to strengthen the criminal justice response.

Asia Regional Cooperation to Prevent People Trafficking (ARCPPT) co-facilitated a series of workshops with LAPTU that focused on an effective criminal justice response to trafficking in persons. The purpose of these workshops was to raise awareness on the roles and responsibilities of criminal justice personnel in combating human trafficking in the Lao PDR. ARCPPT also provided support to LAPTU during a range of consultations that resulted in the establishment of provincial LAPTU Units in Savanaket, Saravan, Champassak, Vientiane and Bokeo as well as in the Vientiane Municipality.

Support to Victims

The governments of Lao PDR and Thailand have been working closely together since 2001 on the return and reintegration of trafficking victims. This process is being financially supported by IOM. Since 2001, 629 trafficking victims have been recorded as officially returned to Lao PDR from Thailand of whom 341 trafficking victims have returned since the start of 2005, indicating improvements in the identification process for victims.

Lao victims of trafficking in Thailand are sent to the Baan Kredtrakarn Welfare Centre, which is operated by the Thai Ministry of Social Development and Human Security (MSDHS). At the Welfare Centre, Lao trafficking victims are provided with counseling, legal assistance and vocational training, on a case-by-case basis. The Lao Embassy in Thailand is also provided with information about Lao child trafficking victims by the MSDHS, such as the names of the victims, their parent’s names, and the names of their villages. This information is then passed on to the Lao PDR Ministry of Foreign Affairs and the Ministry of Labour and Social Welfare.

Upon returning to Lao PDR, child trafficking victims (victims under the age of eighteen) become the responsibility of the Ministry of Labour and Social Welfare (MLSW). The MLSW locates the child's family and assesses whether it is safe for the child to return home. Some of these children return to school, while the Government assists others in finding employment. The MLSW and the Lao Women’s Union (LWU), with financial and technical assistance from IOM also provides returnees with training on how to protect themselves from being re-trafficked. In 2002, the MLSW established a transit centre in Vientiane to facilitate the return and repatriation process for trafficking victims.

Lao PDR has extradition agreements with Vietnam, China, Cambodia, Myanmar and Thailand.

Victim Support

In January 2006, the first women’s shelter in Lao PDR was officially opened in Vientiane. The name of this shelter is the Lao Women’s Union Counseling and Protection Center for Women and Children. The shelter was made possible through the dedicated work of the Lao Women’s Union, the Lao Government who donated a plot of land for this shelter, UNICEF, the Asia Foundation, and the Japanese Embassy.

The shelter can house up to 50 women and girls who are the victims of domestic abuse, sexual abuse, and trafficking, or are abandoned or homeless. The shelter also has a vocational center that trains the women and girls living in the shelter on new job skills, such as handicrafts, sewing, and basic business management.

In October 2006, the French NGO Agir pour les Femmes en Situation Precaire (AFESIP) opened a second shelter for female trafficking victims in Vientiane. The difference between the AFESIP Shelter and the Lao Women’s Union (LWU) Shelter is that the AFESIP Shelter will focus exclusively on female victims of trafficking for sexual exploitation. The LWU Shelter has a broader mandate, accepting victims of various types of exploitation, as well as sheltering mothers and their children.

AFESIP also plans to build a bigger center in Savannakhet province, as many victims are from the southern provinces.

Summary and Conclusions

The trafficking phenomenon is something that is relatively new to Lao PDR. In recent years, the Lao government has become more aware of the fact that many of its citizens are being trafficked into slavery, although awareness levels of both the Lao PDR Government and Lao nationals need to be increased even more.

Human trafficking is an inter-agency and cross-border issue for which, cooperation and coordination between those who are working to combat the phenomenon is essential. Being a signatory to the COMMIT process provides the Government of Lao PDR with an excellent opportunity to cooperate and coordinate with the Governments of other countries in the Mekong Sub-Region, as well as with Regional and International organizations in the fight against human trafficking.