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Regional Consultation on the Right to an Effective Remedy for Trafficked Persons

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. Women and children for domestic work.

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Regional Consultation on the Right to an Effective Remedy for Trafficked Persons

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  1. 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

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

  3. 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)

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

  5. UNIAP’s anti-human trafficking work

  6. COMMIT 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

  7. 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-sectoralCOMMIT 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 Workplansdeveloped and implemented

  8. 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

  9. SUPPORT TO UNDER-SERVED VICTIMS (CSO GRANTS)

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

  11. LEGAL AID/SUPPORT

  12. .

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

  14. 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

  15. 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

  16. SOME REFLECTIONS ON THE DRAFT BASIC PRINCIPLES ON AN EFFECTIVE REMEDY

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