A PROFILE OF CHILD TRAFFICKING IN THE LAO PDR MINISTRY OF LABOUR AND SOCIAL WELFARE LAO PEOPLE’S DEMOCRATIC REPUBLIC The names of all the people featured in the case studies have been changed to protect identity, however, place names remain the same. The research was made possible through the dedication and commitment of the research team, led by the Chief Researcher Mr. James Chamberlain, Mr. Panh Phomsombath, Ms. Viengmala Vangmua, Ms. Phimpheng Oudone, Mr. Thavone Vixaysak and Mr. Khonesavanh Chittanavanh. All photographs: Jim Holmes/UNICEF This publication has been supported by 2 CONTENTS FORWARD BY THE MINISTER.......................................... 6 OF LABOUR AND SOCIAL WELFARE FORWARD BY UNICEF ...................................................... 7 EXECUTIVE SUMMARY .................................................... 8 INTRODUCTION ................................................................ 11 PROFILES OF TRAFFICKING VICTIMS ............................ 18 TRAFFICKERS .................................................................. 22 TRAFFICKED SITUATIONS ............................................. 26 MIGRANT LABOUR ......................................................... 38 THE TRAFFICKING EXPERIENCE ................................... 40 GONE FOREVER .............................................................. 45 CAUSES AND PERCEPTIONS ......................................... 47 FAMILIES.......................................................................... 51 CRIME AND PUNISHMENT ............................................. 53 CONCLUSIONS AND RECOMMENDATIONS ................. 56 3 LAO PDR - MAJOR CROSS BORDER TRAFFICKING ROUTES 4 LAO PDR - TRAFFICKING STUDIES - RESEARCH DISTRICTS C H I N A 1 2 V I E T N A M M Y A N M A R 3 9 8 9 7 6 4 5 10 11 12 13 14 16 15 G U L F L A O S O F T O N K IN 18 19 17 23 24 21 22 26 20 25 27 28 T H A I L A N D 29 30 33 31 32 36 35 KEY 34 NATIONAL BOUNDARY 39 37 38 41 40 42 PROVINCIAL BOUNDARY 43 44 46 47 45 DISTRICT BOUNDARY 48 MEKONG RIVER C A M B O D I A 5 RESEARCH DISTRICTS 1 PHONGSALI 25 HINBOON 2 BOUNNEUA 26 KHAMKHEUT 3 LONG 27 MAHXAY 4 TONPHEUNG 28 NONGBOK 5 HOUAYXAI 29 XONABOULY 6 NALAE 30 OUTOMPHONE 77XAY 31 KHANTABOULY 8 NAMBAK 32 CHAMPHONE 9 XIENGKOR 33 ATSAPHANGTHONG 10 XAMNEUA 34 SONGKHONE 11 PAKTHE 35 XAYBOULY 12 PAKBENG 36 PHINE 13 LUANG PRABANG 37 KHONGXEDO 141 4 KHAM 38 LAO NGARM 151 5 NAN 39 SARAVANE 16 PEK 40 THATENG 17 PAKLAI 414 1 LAMARM 18 HIN HEUP 42 SANASOMBOUN 19 KEO OUDOM 43 PHONETHONG 20 KENETHAO 44 PAKSE 21 NAXAITHON 45 SOUKHOUMA 22 XAYTHANY 46 PATHOUMPHONE 23 THAPHABAT 47 SAMAKHIXAY 24 PAKKADING 48 KHONG 6 FORWARD BY THE MINISTER OF LABOUR AND SOCIAL WELFARE The Government of Lao PDR is committed to the protection of children’s rights, and is concerned with the vulnerability of Lao children to internal and cross-border trafficking. To demonstrate its commitment to its children the Government of Lao PDR has signed a number of international conventions, including the Convention on the Rights of the Child and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. Combating the exploitation and abuse of Lao children is an important and crucial priority and action is being taken to address the root causes, to provide protection through strengthened policy and law enforcement and to support the recovery and reintegration of victims of trafficking. This study, which profiles the phenomena of child trafficking, provides insight into the underlying factors and causes of trafficking. It identifies trafficking routes and methods, and those actively involved and whose complicity fuels the crime of child trafficking. It also documents the experiences of child victims and families whose lives have been irrevocably changed because of trafficking. It is hoped that through a shared understanding of trafficking and its impact on Lao children, their families and society, greater action will be mobilized to address the underlying causes and prevent further exploitation and abuse of our children. The Ministry of Labour and Social Welfare is working with partners in Government and the international community to implement programmes to protect Lao children from all forms of exploitation, abuse and violence. Eliminating the trafficking of Lao children is a priority for the Ministry and we will continue to work towards this end as a matter of urgency. 7 FORWARD BY UNICEF Trafficking in persons is a criminal act that violates fundamental rights of children, exposing them to exploitation, abuse, and violence. Trafficking threatens a child’s long-term development and in some extreme cases his or her very survival. The Ministry of Labour and Social Welfare undertook this qualitative research project, with support from UNICEF, in order to better understand the underlying causes of child trafficking, to identify those most at risk and to uncover the dynamics of the trafficking process. This analysis, based primarily on the recorded experiences of 253 trafficked victims and their families, is the first national survey of its kind in Lao PDR. The report’s case studies provide a vivid portrayal of the extreme vulnerability to exploitation of children who are growing up in a country with low socio-economic indicators, situated at the crossroads of a fast-developing region. In shedding new light on the issue, we hope that this research project will lead to a more comprehensive, proactive and committed response to child trafficking, which is a terrible betrayal of children’s basic right to protection in Lao PDR. 8 EXECUTIVE SUMMARY Laos is particularly susceptible to trafficking as it is situated in a fast developing region, with a young population, and relatively low economic indicators. Regional disparities in development, coupled with increasing modernization and exposure through media encourages young people to pursue a more materialistic lifestyle. This research study took place over several months with research teams undertaking semi-structured interviews with victims of trafficking, their families, and key informants within the community. It is the first national study, covering 17 provinces and a total of 149 villages. Incidences of trafficking were found in every province surveyed, from Attapeu in the far south of the country to Phongsaly in the far north. Cases of internal and cross-border trafficking were also documented. From the findings of the study it is possible to build a profile of those most at risk of trafficking and target interventions accordingly. The overwhelming majority of trafficking victims surveyed (60%) are girls aged between 12-18 years of age and most victims (35%) end up in forced prostitution. Other forms of employment were domestic labour (32%), factory work (17%), and fishing boats (4%). Those that worked in agricultural labour tended not to be trafficked and exploited whilst those working in domestic household situations experienced some of the most extreme cases of abuse and mistreatment. The majority of cross-border trafficking was found to occur into Thailand although some cases were reported of trafficking into Myanmar and China for the purposes of buying and selling brides. Crossing the border is relatively easy; many victims actually crossed with legal papers, and informal crossings are not uncommon. Most victims come from rural areas, although few of the victims came from extremely remote areas or from situations of severe poverty. The connection between ethnic background and child trafficking issue needs further study, since the majority of non-Lao trafficking victims come from villages that have been resettled or relocated. These victims were found to be from Lao and Tai ethnic groups, with Tibeto-Burmese over-represented in trafficking data compared to the percentage of the population (10% and 2.5% respectively). 9 Along with a profile of those most at risk of trafficking it is also possible to profile the traffickers and the trafficking process. There was little difference in the methods used for recruitment for the purposes of either internal or cross-border trafficking. Internal trafficking was found to be common and based on the sample exclusively involving female victims trafficked into either factories or prostitution. The provinces of Houaphan and Xieng Khouang were found to be the most affected by internal trafficking. Recruitment for either internal or cross-border trafficking is carried out largely by those familiar to the victims, with extreme cases involving relatives. Traffickers use their familiarity with the victims to build trust, making ultimately empty promises to lure victims into agreeing to leave their village for work opportunities. Trafficking networks were found to be well structured, with connections to organized crime networks in neighbouring countries. Victims may be bought and sold several times over with the price the trafficker receives often portrayed as an employment agent’s fee. The routes are well known and the areas where a lot of recruiting and trafficking take place have been noted in the report. A significant finding is that approximately 17% of all the cases in the study are children who have disappeared. The families of these children have not heard from them since they left their villages, in most cases for two or more years. Of the victims that return to Laos, most have escaped their employer on their own or with assistance from local citizens. There