Violence, Exploitation, and Abuse and Discrimination in Migration Affecting Women and Children in ASEAN: A Baseline Study Table of Contents Research Team 3 Gratitude and acknowledgement 4 The Human Rights Resource Centre 5 Foreword 6 Limitations of this report 7 Executive Summary 9 Synthesis 19 Annex 113 Brunei Darussalam 165 Cambodia 213 Violence, Exploitation, and Abuse and Discrimination in Migration Affecting Women and Children in ASEAN: A Baseline Study Published by Human Rights Resource Centre Human Rights Resource Centre University of Indonesia - Depok Campus Guest House Complex (next to Gedung Vokasi) Depok Indonesia 16424 Phone/Fax : (62 21) 786 6720 Email: [email protected] Web: www.hrrca.org This publication may be freely used, quoted, reproduced, translated or distributed in part or in full by any non-profit organisation provided copyright is acknowledged and no fees or charges are made. ISBN: 978-602-17986-0-7 3 Research Team Editors The research assistants: Professor David Cohen Judelyn Macapili (HRRC Adviser, University of California, Berkeley). (The Philippines Commission on Human Rights Region IX) Dr. Kevin Tan Muhammad Subarkah Syafruddin (HRRC Governing Board Member, National University (Faculty of Law University of Indonesia) of Singapore. Natalia Rialucky Tampubolon Faith Suzzette Delos Reyes-Kong (Faculty of Law University of Indonesia) (Team Leader of the Baseline Study, Lawyer & Researcher, Wong Li Ru ECCC Trial Monitor for AIJI ). (Singapore Management University) Country Researchers Sovanna Sek HRRC: (Cambodia) Marzuki Darusman Ranyta Yusran Prof. Dr. Harkristuti Harkrisnowo, SH, MA, Ph.D (Centre for International Law, National University Rully Sandra of Singapore) Ati Suryadi Ismail Jaclyn Ling-Chien Neo (J.SD Candidate, Yale Law School-National University Singapore School of Law) Hnin Wut Yee (Myanmar) Delphia Lim (LL.M Candidate, Harvard Law School) Francis Tom F. Temprosa (Philippines) Kitti Jayangakula (Eastern Asia University) Huong Le Thu (Ph.D Candidate in Asia-Pacific Studies, National Chengchi University) 4 Gratitude and Acknowledgement: HRRC: Kanda Vajrabhaya (Chairperson of ACWC), the Philippines: representatives of ACWC, Deepa Bharathi (UN Women), Prof. Aurora de Dios of Miriam College and Dr. Aurora Heru Kasidi (Ministry of Women Empowerment and Parong of Amnesty International. Child Protection, Republic of Indonesia), Mary Agnes James (OSI) Singapore: Ho Huayu, Wong Li Ru, Esther Ng Feng Qing for their The team leader: invaluable research assistance. Grateful for the invaluable guidance provided by the HRRC team of Advisers and the contributions of the Thailand: HRRC Country Rapporteurs and Research Assistants, HRRC, the advisors, the team and all country rapporteurs Mdm Kanda Vajrabhaya, Datuk Chiam Heng Keng, Deepa of this project and Eastern Asia University. Warmest Bharathi. The utmost gratitude to Susan N. Delos Reyes, thanks to my parents for their encouragement and Norjamin Gallardo-Delos Reyes, Frances P. Cantillo, and support. Sawanya Phakphian for their input and assistance. Vietnam: Indonesia : The advisors and the research team, as well as my dear Ahmad Taufan Damanik, Rita Serena Kolibonso, Achie fellow country rapporteurs. Special thanks to my dear Sudiarti Luhulima, Justina Rostiawati, LM Gandhi parents who have blessed me with their unconditional Lapian, Priyadi Santosa, Rita Kolibonso, Roichatul love and unlimited support. Aswidah, Saparinah Sadli, Sjamsiah Ahmad, Kartini Isabelle Pouchous, Justina Rostiawati for their inputs to the report. Laos: Wong Li Ru, Beverly Ng Lin Yin, Trent Ng Yong En for their invaluable research assistance. Malaysia: Women’s Aid Organisation, Teo Lee Ken from Institute of Ethnic Studies, Universiti Kebangsaan Malaysia for the assistance in writing the report. Myanmar: HRRC, the advisors (David and Kevin), the team leader (Faith) and my family members especially my niece, my parents, my sisters, brothers, relatives and friends. 5 Human Rights Resource Centre The Human Rights Resource Centre and its foundation rights training, research, and education. The activities of were officially registered by the Ministry of Law and HRRC will be concentrated in three areas: (i) research, Human Rights on 31 March 2010 (Keputusan Menteri analysis and data collection/presentation; (ii) training Hukum dan Hak Asasi Manusia Republik Indonesia and capacity building; and (iii) support for educational Nomor: AHU.1173.AH.01.04.Tahun 2010). It is a programs at universities throughout the region. not for profit foundation under Indonesian Law. The Centre has been established with the independence The HRRC encompasses a network of Partner and Affiliated necessary to implement its own research, training and Institutions that taps into the region’s rich academic educational agenda. While the HRRC is hosted at the research community. Current Partner Institutions include University of Indonesia, it has an autonomous structure University of Indonesia, University of the Philippines, and independent funding to ensure its independence University of Malaya, the Law School of the National and regional focus. The HRRC is a genuinely regional University of Singapore, Singapore Management institution that will employ in its operations the most University, Pannasastra University of Cambodia, Ateneo capable and qualified individuals from across ASEAN. the Manila University in the Philippines, Chulalongkorn University in Thailand, and Gadjah Mada University The Human Rights Resource Centre (HRRC) has been in Indonesia. The Islamic University of Indonesia in designed to support the work of ASEAN human rights Yogyakarta, which has a strong interest in human rights bodies, by providing an independent forum for regional education, is HRRC’s first affiliate institution. experts to engage in research and capacity building, as well as training and teaching that addresses human Through collaboration with these partner and affiliated rights issues in ASEAN. Its overarching goal is to develop university-based institutions across ASEAN, the HRRC’s regional networks of experts on human rights issues in research, training, and capacity building projects ASEAN in order to promote a better understanding of will contribute to the development of human rights human rights in the region. throughout the region. The HRRC is headed by Mr. Marzuki Darusman as Executive Director and includes a core research staff with direct experience in leading regional projects in human For further information about HRRC: Human Rights Resource Centre University of Indonesia - Depok Campus Guest House Complex (next to Gedung Vokasi) Depok Indonesia 16424 Phone/Fax : (62 21) 786 6720 Email: [email protected] Web: www.hrrca.org 6 Foreword I am pleased to present you with the second baseline study from the Human Rights Resource Centre and it is my sincere hope that this baseline study on women and children rights would serve as the much needed and useful reference source of information of near policy quality thus serving its intended purpose of supporting the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) and the ASEAN Intergovernmental Commission on Human Rights (AICHR) in their works and initiatives also the Marzuki Darusman works of the NGO communities and movement in Executive Director ASEAN. With half of the almost 600 millions people in ASEAN The study would not be possible without the hard are women and children, it is critical that their rights work of Ms. Faith Suzette and a research team of are protected. This study is a big undertaking in nine rapporteurs and four research assistants who terms of subject and it is also the first study which benefited from the expert guidance of two eminent compiles the situation and condition of women and advisers Dr. Kevin Tan and Prof. David Cohen, and children in the 10 ASEAN member states affected by the support of ACWC and UN WOMEN. I also violence, exploitation, and abuses & discrimination express our highest appreciation to the Embassy of in migration. The rapporteurs scrutinized the Norway in Indonesia, USAID, the Open Society secondary sources of published materials from Foundation, the MacArthur Foundation, and the government, NGOs, police, and other institutions East West Center for their on-going support in and academically analyzed to bringforth this study. making this study a possibility. As a baseline study, I hope that this document would aspire and assists not only the human rights bodies in ASEAN but also the stakeholders to conduct a follow up research and to take actions to protect the rights of women and children in ASEAN. Jakarta, December 2012 Marzuki Darusman Executive Director 7 Limitations of this report Dr. Kevin Tan “Violence, Exploitation, and Abuse & Discrimination in Migration Affecting Women and Children in ASEAN: A Baseline Study” This is a Baseline Study on the subjects of Exploitation, Violence and Migration Affecting Women and Children in ASEAN. It is not an attempt at a comprehensive empirical survey of the situation in the ASEAN states. That would have been impossible given limitations of time and resources available to the researchers and to the Centre. Rather, it is a compilation, categorisation and analysis of the published material on the subject. It is important to note that researchers could only work with materials that are in fact published and made widely available to the general public. Confidential reports and undisclosed statistics held by various government departments would obviously