CAMBODIA | CHINA | LAO PDR | MYANMAR | THAILAND | VIETNAM Regional Consultation on the Right to an Effective Remedy for Trafficked Persons Annette Lyth Regional Project Manager, UNIAP Bangkok, 27 September 2013 CAMBODIA | CHINA | LAO PDR | MYANMAR | THAILAND | VIETNAM

Typical Trafficking Cases Men, women and children into exploitative factories Women and children for domestic work Men onto fishing boats Women and Girls in Forced Prostitution Men, women and children onto construction sites Private and Confidential

What is the scope of the problem? Recent research from the Asia region Estimated number of people in forced labor in the Asia-Pacific region 9.49 million and globally: 27 million (ILO 2005) Estimated number of Myanmar migrant workers trafficked into shrimp processing factories in Samut Sakhon province, Thailand: at least 66,000 – 99,000 (Johns Hopkins U 2010) Estimated number of Cambodian migrant workers in labor exploitation in Thailand annually: at least 20,492. 50% cheated, 33% exploited, 30% never paid. (UNIAP 2010) Percent of sex workers aged 12-17 in the Mekong countries: 30% (UNICEF 2009)

NE Asia (Taiwan, Korea, etc.) UK, EUR  USA       Middle East   NE Asia (Taiwan, Korea, etc.)         Where do people get trafficked to? Sex   Labor Both       Private and Confidential

Numbers of officially identified trafficking victims per country and year in the GMS, including key destination countries in wider East Asia   2008 2009 2010 2011 2012 Total Key Destinations (alphabetical) Cambodia 709 701 686 581 N/A 3,119 China, Indonesia, Malaysia Singapore, South Korea, Thailand, Viet Nam China 10,820 16,568 24,118 29,853 81,359 Hong Kong, Japan, Macau, Singapore, South Korea, Taiwan, Thailand Laos 235 155 145 195 925 China, Malaysia, Thailand Myanmar 303 302 381 265 261 1,512 China, Malaysia, Singapore, Thailand Thailand 520 530 509 279 1,838 China, Indonesia, Japan, Macau, Malaysia, Singapore, South Korea, Viet Nam Viet Nam 981 869 671 821 782 4,124 China, Indonesia, Japan, Laos, Malaysia, South Korea, Taiwan, Thailand 2,748 13,377 18,960 26,259 31,533 92,877

UNIAP’s anti-human trafficking work

SIREN COMMIT Worst Offenders / Under-Served Victims Policy informed by reliable data, research, case analyses Policy informed by experiences of under-served victims and the NGOs serving them. Government support provided through COMMIT SIREN Worst Offenders / Under-Served Victims SIREN exposes Worst Offenders and under-served victims; financial/technical support to NGOs strengthens SIREN network

Overview: The COMMIT Process Government-led process between 6 GMS governments (China, Cambodia, Lao PDR, Myanmar, Thailand, Vietnam) COMMIT Memorandum of Understanding signed by 6 countries in 2004 (Ministerial level) Multi-sectoral COMMIT Task Forces established to oversee national activities across all 4 Ps Sub-regional Action Plans (COMMIT SPAs) and annual COMMIT SOMs provide operational framework Annual Workplans developed and implemented

COMMIT Strategic Plan of Action III Identify victims, and provide age and gender appropriate care Ensure victims are not held in detention Provide victims with safe and timely repatriation, through cross-border cooperation Offer appropriate, individualized reintegration options

SUPPORT TO UNDER-SERVED VICTIMS (CSO GRANTS)

SHELTER SELF-IMPROVEMENT PROJECT All shelters and reception centers in Vietnam; 6 pilots in China; launching in Cambodia, Laos, and Myanmar in 2012

LEGAL AID/SUPPORT

The criminal justice response to human trafficking in the Greater Mekong Sub-region, 2008 – 2011   2008 2009 2010 2011 A P C Cambodia 172 117 N/A 231 165 242 249 215 255 247 182 China 1,353 2,161 1,636 2,413 1,919 3,680 1,773 3,045 Laos 23 8 74 26 32 79 Myanmar 127 145 170 135 Thailand 42 95 22 17 70 18 83 67 13 Viet Nam 718 748 683 670 .

ETHICS AND HUMAN RIGHTS TRAININGS In all Mekong countries, for government, NGOs, media, academia

CHALLENGES TO REINTEGRATION Not at all or inadequately assisted Forcibly assisted Undermine victim autonomy and empowerment Inadequate national and transnational referral mechanisms. Lack of information Under resourced

CHALLENGES TO PROSECUTIONS Long court processes with little incentive for victims to endure Many entry points for cases to be sabotaged, with credible threats to life Police case filing is often weak – little evidence, making prosecutions difficult Weak protection of victims’ rights in fair trial standards

SOME REFLECTIONS ON THE DRAFT BASIC PRINCIPLES ON AN EFFECTIVE REMEDY