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The Effect of ASEAN on Human Trafficking in Southeast Asia

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The Effect of ASEAN on Human Trafficking in Southeast Asia The Effect of ASEAN on Human Trafficking in Southeast Asia Kelsey Lee -University Honors Sau Lim- University Honors in International Studies Advisor: Pek Koon Heng-Blackburn American University: School of International Service Honors Capstone, Spring, 2013 Abstract: This paper examines the trafficking of vulnerable populations in Southeast Asia and the effectiveness of the Association of Southeast Asian Nations in combating human trafficking in the region. Human trafficking is one of the most egregious and persistent human rights violations throughout Southeast Asia, and increases in regional migration and lack of inter-governmental coordination have consistently exacerbated this issue. ASEAN’s establishment in 1967 has since facilitated regional cooperation in Southeast Asia, and with the adoption of the ASEAN Declaration of Human Rights in 2012, the grouping is expected to put greater emphasis on addressing human trafficking issues in the region. This paper critically evaluates the success of ASEAN’s anti- trafficking initiatives by researching different trafficked groups in Southeast Asia (labor, sexual, child, etc.),examining the trafficking laws of countries with significant trafficked populations, and assessing the effectiveness of existing ASEAN policies. It is concluded that ASEAN has not yet had a significant impact on reducing human trafficking throughout Southeast Asia. However, increased inter-governmental cooperation and accountability mechanisms promoted by ASEAN may lead to improvements in the future. This research sheds light on the effectiveness of ASEAN as an international human rights actor as well as providing recommendations for the improvement of the organization’s anti-trafficking endeavors. We would like to sincerely thank Professor Pek Koon Heng-Blackburn for advising us in this project. Without her continued suggestions, critiques, and expertise, this project would not have been possible. 2 Table of Contents Acronyms………………………………………………………………………..4 Introduction…………………………………………………………………..….5-6 Methods…………………………………………………………………..….......6-8 Literature review Definitions of human trafficking………………………….………….….8-10 Evaluating trafficking in Southeast Asia……………………………..….11 Scope and Nature of the issue……………………………………….…..11-14 Human security..........................................................................................14-16 ASEAN and Human Trafficking Background...............…………………………………………………....17-20 Human Rights in ASEAN.........................................................................20-29 Confronting Human Trafficking in the ASEAN Region..........................29-36 Transnational Crime Perspective..............................................................36-39 Case Studies Mekong Region: Burma and Thailand.....................................................39-49 Malay Archipelago: Indonesia and Malaysia...........................................49-58 Best Practices: The Philippines.................................................................58-62 Analysis Evaluation ASEAN as an Anti-Trafficking Actor..........................................62-63 ASEAN as a Human Rights Actor................................................63-65 Recommendations.....................................................................................65-66 Conclusion……………………………………………………………………….66-67 Notes......................................................................................................................68-77 Bibliography..........................................................................................................78-81 3 Acronyms ASEAN Association of Southeast Asian Nations ACMW ASEAN Committee on the Implementation of the Declaration on the Protection and Promotion of the Rights of Migrant Workers ACWC ASEAN Commission on Women and Children ADB Asian Development Bank AHG Ad hoc Expert Group AICHR ASEAN Intergovernmental Commission on Human Rights AIMW ASEAN Instrument on the Protection and Promotion of the Rights of Migrant Workers AMM ASEAN Foreign Minister’s Meeting AHRD ASEAN Human Rights Declaration ARTIP Asia Regional Project on Trafficking in Persons COC Code of Conduct DPPMW Declaration on the Protection and Promotion of the Rights of Migrant Workers IDP Internally displaced person ILO International Labor Organization IOM International Organization for Migration RCEP Regional Comprehensive Economic Partnership RCF Bali Process Regional Cooperation Framework RSO Regional Support Office SLOM Senior Labour Officials Meeting SOMTC Senior Officials Meeting on Transnational Crime 4 In the 21st century, there is perhaps no more heinous transnational crime than human trafficking. Defined as the trade of human beings for profit, human trafficking has become the modern equivalent of the international slave trade. While slavery is outlawed in every country in the world, there continues to be more slaves today than at any point in history and human trafficking is one of the world’s most lucrative illegal industries. While human trafficking can occur domestically or across state borders, this problem has become increasingly linked to the issue of international migration. As growing numbers of people travel throughout the globe in search of employment and improved prosperity, larger populations than ever are left vulnerable to human trafficking organizations. Although undocumented immigrants are particularly susceptible to exploitation, even individuals with appropriate travel/working papers can fall prey to traffickers. In no region is the dangerous relationship between migration and human trafficking more evident than in Southeast Asia. The trafficking of persons in this region has long been a notorious issue that has garnered recent international attention. Human trafficking levels have become exacerbated by increasing inter-regional migration. Inspired by a variety of “push and pull” factors throughout the region, migration throughout Southeast Asia has dramatically increased since the 1980s, and so too has the prevalence of human trafficking. Global pressure to combat human trafficking in Southeast Asia has fallen upon the region’s premier international organization, the Association of Southeast Asian Nations. While ASEAN has traditionally placed a greater emphasis on economic 5 prosperity and development rather than human rights, the organization has increasingly engaged in human rights discourses, including the issue of human trafficking. This paper will focus specifically on the relationship between human trafficking and transnational migration throughout Southeast Asia. Through examining existing international and ASEAN protocols on human trafficking, as well as presenting various case studies exploring specific trafficking and migration trends, this paper will address the nature and scope of human trafficking within Southeast Asia and the effectiveness of ASEAN on combating this complex problem. Methods This paper will utilize a mixed methodology to examine the effect of ASEAN on human trafficking in Southeast Asia, using both qualitative analysis and case studies. This method has been selected to incorporate both a broad-reaching evaluation of mechanisms within the ASEAN region directed at combating human trafficking and a detail-focused perspective of how these mechanisms have affected trafficking patters throughout ASEAN member states. To comprehensively evaluate the effectiveness of ASEAN in combating human trafficking within Southeast Asia, the qualitative analysis used in this paper is based on the US Department of State’s Trafficking in Persons Reports. These reports evaluate both the realities of human trafficking within a nation as well governmental and judicial response to trafficking issues. The TIPs reports use a system of three “P”s and three “R”s to evaluate countries on their responses to human trafficking. The three P’s represent Prevention, Prosecution, and Protection. Prevention are those techniques used by a 6 government to identify possible trafficking victims and successfully prevent their recruitment for human trafficking. Prosecution is the ability of victims to file against their exploiters, as well as the effectiveness of the government in prosecuting cases against human traffickers. Protection deals with the safety of trafficked individuals once they have been identified. A government must provide adequate resources and security to these trafficking victims. The three R’s are rescue, rehabilitation, and reintegration. The rescue component deals with the ability of a nation to identify and liberate trafficked person. The rehabilitation element indicates that a nation must provide the proper resources for recovery to trafficked individuals. The reintegrating aspect requires nations to have a comprehensive course of action for returning trafficked individuals into society in a way that makes them significantly less susceptible to further exploitation or re-trafficking. The TIPs reports then categorize each nation within a system of three tiers (and one sub-tier) to portray the overall status of human trafficking with the country. Tier 1 category status indicates that though human trafficking may be present in a nation, the government and judicial system have taken appropriate action to prevent future trafficking, prosecute traffickers, and protect victims of human trafficking, as well as fully complying with the Trafficking Victim’s Protection Act (TVPA.) Tier 2 category status indicates that while a country does have a significant trafficking
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