Context analysis of children on the move in the greater sub-Mekong region by Plan Nederland

CONTEXT ANALYSIS OF CHILDREN ON THE MOVE IN THE GREATER SUB-MEKONG REGION IN VIEW OF A REGIONAL PROGRAM FINAL REPORT &RECOMMENDATIONS DRAFT

Maria Juanita R. Macapagal, July 15, 2011

Table of Contents BACKGROUND ............................................................................................................................................ 3 Objectives of the Study ........................................................................................................................... 3 Methodology ............................................................................................................................................ 4 Scope and Limitations ............................................................................................................................. 5 CHILDREN ON THE MOVE: A LITERATURE REVIEW ........................................................................ 6 Definition of Children on the Move ...................................................................................................... 6 Literature from Other Regions............................................................................................................... 8 Limitation of the Secondary Data .......................................................................................................... 9 THE SITUATION OF CHILDREN ON THE MOVE IN THE GREATER MEKONG SUB-REGION ...... 9 The Economic and Political Situation in the Region ........................................................................... 9 ASEAN .....................................................................................................................................................15 The Children on the Move: Reasons for Moving ..............................................................................17 Situation of Children on the Move in the GMS ..................................................................................20 While there ..............................................................................................................................................23 Child Protection at the GMS .................................................................................................................24 Supportive International and Local Organizations ...........................................................................28 Gaps in Laws, Policy Implementation, and Practice .........................................................................32 The GMS Experience of TdH-Netherlands .........................................................................................38 STRATEGIC OPTIONS/DIRECTIONS: ...................................................................................................42 Program Recommendation for Terre des Hommes ...........................................................................42

TdH NL â&#x20AC;&#x201C; Context Analysis of Children on the Move in the Greater Mekong Subregion In View of a Program

BACKGROUND Terre des Hommes Netherlands (TdH-NL) required external assistance to conduct a Context Analysis about the Children on the Move (CoM) in the Greater Mekong Sub-region in view of a program. The purpose of the exercise is to broaden understanding on the situation of the children on the move which includes the issue of child trafficking, drawn from a need to develop and propose a new regional program in Southeast Asia, with an initial focus on the Greater Mekong Sub-region. The output of this activity will be used in consideration of a funding opportunity under the EIDHR thematic program of the EC. The analysis covered 4 countries and specific areas, namely: Burma, Cambodia, Laos PDR, and Thailand.

Objectives of the Study The objectives of this engagement is to provide: 1) Provide an analysis of the broader context within which TdH-NL operates to generate a good understanding of the current situation regarding the issue of child mobility; 2) Identify the lessons learnt from previous operations of other organizations and identify what could be the possible added value of the proposed project; 3) Based on the context analysis, make recommendations regarding the design of the regional project, and particularly on: a) the most relevant and strategic areas of intervention for the project, where action should be undertaken in priority; b) the stakeholders which ought to be involved in the projectâ&#x20AC;&#x2122;s planning and implementation, and how to enable them to participate effectively; c) those partners which TdH-NL should engage with in implementation; d) the objectives that can realistically be achieved within a 3-year timeframe and within the allocated budget, particularly related to regional advocacy; the most relevant strategy.

Methodology Context analysis is a sociological method to get a wider picture of the situation of the group of persons in focus1. It is a study dealing with current realities intertwined with development initiatives which promote change. When we investigate change, it is important to understand the context within which the current situation is operating2. Thus, the context analysis undertaken to answer problem inquiries, provide the required information, and generate an appreciation about the situation of the children on the move and the environment where they are working, moving, and developing. Although limited time was allocated for the activity, an inductive and descriptive method was used for the research approach. The activity attempted a multi-dimensional approach to cover several areas of the current situation regarding the issue of child mobility. In the macro problem analysis of the children mobility phenomenon the attendant methods used included: -

Environment scanning identifying external factors. The researcher scanned through sources of information on political, economic, social, technological, legal (including laws and policies) and ecological (vulnerabilities due to natural, climate change and humanmade hazards), influential to the situation resulting to problem, issues, opportunities and threats for the children on the move at the global, national, and local levels. Use of trend analysis was attempted to show whether there are enhanced, or new and emerging issues created by the above factors.

Stakeholders’ analysis – identification and the analysis of the children in focus in relation to the key actors, institutions affecting their current and future situation. o

Demographic analysis of children on the move per country – a comparative analysis of the demographic trends for the last 5 years (vis a vis the baseline data of the children in focus) was intended but based on limited data, it was not possibly undertaken.

Identification of key actors and the various initiatives undertaken by like-minded organizations involved in the campaign for children on the move and other organizations addressing problems related to vulnerability affecting and violating children’s rights; as well as identifying impact, lessons learned and gaps of the initiatives to the children in focus.

Problem Analysis: identification of gaps, causes and effects of problems.

Institutional Strategy/Program Analysis was reviewed, looked into the past program initiatives undertaken by TdH-NL in the region vis a vis the current situation and trends of the issues on child mobility. From the above, recommendations were borne

http://en.wikipedia.org/wiki/Context_analysis

http://changingminds.org/disciplines/change_management/diagnosing_change/context_analysis.

identifying new strategic directions and objectives of the campaign programs based on the gaps and the lessons learned.

Scope and Limitations This engagement was limited to the scope of the children on the move based on reasons behind their mobility. These children are the: - Internally displaced persons, - Asylum seekers and refugees, - Migrants (often for economic reasons, both internally and across borders), - Trafficked persons. The Geographic Focus. The foregoing situational analysis is limited to four countries and identified areas where possible program of action by TdH NL can be evolved and implemented. These areas per country as follows: Burma: Cambodia: Lao PDR: Thailand:

Shan state, Karen, Kachin, along the border in Thailand (Tak and Mae Hong Son province) in Burmese communities Banteay Meanchay Salavan, Champasak, Savanaketh Bangkok, Chiang Mai, Ranong

Given limitations of time and availability of resources, the research made use of secondary data available from TdH-NL, partners, and other sources online. To expand the perspectives from literature review and secondary information, the dynamism of the CoM context from the partners and stakeholders view must be gathered as well. To bridge the distance, the researcher made use of phone and online/email interviews. However, very few of the respondents were able to extend their time for this exercise. An opportunity presented itself through the partners’ workshop. Attending and facilitating the TdH-NL’s workshop (July 11 – 13) gave fresh inputs on the ideas generated from initial findings. With regards to analyzing issues, partial explanations may be made but these were not considered final statements since “reality is inexhaustible and constantly changing.3” While literature suggests specific steps for analytic induction4, such refinement will not be undertaken in this study because of limitation of resources. a. Key questions of interest of TdH NL Terre des Hommes Netherlands have sets of questions attached to its Terms of Reference which will help formulate basic information about the program being evolved about CoM in Southeast Asia region, particularly at the GMS. This paper will attempt to answer these questions to

Florian Znaniecki (1934)

Judith Goetz and Margaret LeCompte (1981)

contribute to the need to further develop its strategy and program for the Children on the Move in the region.

CHILDREN ON THE MOVE: A LITERATURE REVIEW Definition of Children on the Move The term ‘Children on the Move’ has a significant but ambiguous and loose meaning which may not be easily understood. The concept not only refers to migrant children accompanied or not by adults, but also about children who are uprooted from their family environment, internally displaced due to economic, political or ecologically hazardous reasons, in transit due to work and temporarily living outside their community or place of birth, survivors due to human trafficking, statelessness, and many other reasons of mobility. According to Rodriguez et al (2010), “children … constitute a significant part of world population movements and this phenomenon is likely to grow considerably over the coming decades, due to globalization, organized crime, conflicts, climate change, a lack of access to protection systems, health and education services and a lack of opportunities. In the latter scenario, there are children, who, either themselves or encouraged by their families, decide to go and seek a better life and opportunities to help build a future for themselves”5. Professor Vitit Muntarbhorn in his keynote address in the TdH NL Conference on the COM (2010) remarked that children [are] on the move because of (1) political violence and tensions, armed conflicts, persecution; (2) because of crime and related violence; (3) because of economic and social factors, hunger, deprivation; (4) they are pushed by natural disasters, environmental factors, pandemics. Roberts and Stark (2010) cited that children on the move is not a new category of children as defined by Save the Children; rather these are “children moving for a variety of reasons, voluntarily or involuntarily, within or between countries, with or without their parents or other primary caregivers, and whose movement might place them at risk (or at an increased risk) of economic or sexual exploitation, abuse, neglect and violence”. Furthermore the authors remarked that the term is an umbrella definition that brings together many categories, into which children who are moving are divided. This definition therefore includes: Children who have been trafficked, Children who migrate (e.g. to pursue better life opportunities, look for work or

Lydia Rodríguez, Cintia Alegre and Gonzalo de Castroi (2010: 8) “Protecting and supporting

Children on the Move- CoM” Conference Report for the International Conference“Child Migration Movements: Protection and Support Measures” held in Barcelona from 5 to 7 October 2010.

education or to escape exploitative or abusive situations at home); Children displaced by conflict and natural disasters; Children who live and work in the streets.6 Reale (2008) exposes that children, “especially those moving independently, are especially vulnerable to exploitation, coercion, deception, and violence; and they are particularly vulnerable to the worst forms of child labor and sexual exploitation and abuse.” Further she noted that “[a]s a result of their vulnerability, the discrimination they experience and their status as new arrivals, children who move face barriers when trying to access basic services, particularly education and healthcare.” Nevertheless, it was also acknowledged that some children value opportunities that come their way even if these are of negative outcomes such as low pay, hard working conditions and poor living conditions. When the conditions in their movement are safe, “the experience can be positive for children, providing opportunities to access education, to contribute to their family’s income, to develop new skills or realize other aspirations”. While most of the literatures since 2000 show the negative results experienced by child migrants, such as exploitation, abuse, and dangers, there emerges new perspectives that not all of the children on the move are “unwitting victims”. Migration to these children can be a positive experience as well. Stories of children showed their resilience and determination. It is the lack of protection and support systems that makes the large majority vulnerable to exploitation and abuse. To West (2008), “migration should not be seen only from an economic perspective… children’s migration is more complex, with a variety of reasons for migration that are often different from adults. And children’s migration poses different problems… Instead, this framework recognizes that children across the region migrate for a variety of reasons and focuses in particular on children’s agency and on notions of family responsibilities… The diversity of childhood must be taken into account…” The complexity entails the consideration of age, gender, socio-economic background, ethnicity, culture) alongside with the decision-making abilities, capabilities, and responsibilities. Mike Dottridge (2008) argues that there are “enough similarities in the challenges faced by children who move within their own countries and those who move between countries to warrant looking at the generic protection measures which can benefit such children.” The argument was prompted by the observation that treatment of children as separate groups according to abuse they experienced are actually often very similar and not otherwise. Likewise he observed that certain experiences of mobile children – unaccompanied and separated - did not correspond with the categories (street children, child labor, children forced into prostitution, child soldiers, children in worst forms of child labor, child domestic workers) or labels such as ‘trafficked children’. He defined that the children on the move are “children who have left the family’s home or habitual

Kathryn Roberts and Lindsay Stark (2010: 4) Columbia Group for Children in Adversity. Save

the Children UK Mobile Assessment Tool for Children on the Move Thailand Pilot Report – November and December 2010.

residence and have moved either a few kilometers away or migrated to a town within their own country or even crossed continents in order to seek a better life.”7 The same observations were reported by Reale (2008). While much attention has been given to the protection of children against trafficking, “which has increased in parallel with the increase in migration flows… there were indications that this focus on child trafficking as a criminal act, while extremely important, has had unintended, sometimes negative consequences for other children on the move. Crucially, children’s independent movement and their role in the decisionmaking process around movement have been largely ignored. The definition further expanded and presently within TdH, the working definition of children on the move is about: Children on the move refers to those children who have left their place of habitual residence and are either on the way towards a new destination, or have already reached such destination. A child can move across State borders, or within the country. (S)he can be on the move alone, or in group with family members, other adults and/or children, known or unknown previously to the child. Moreover, a distinction can be done among the various children on the move, based on the reasons behind such movement. All of the above definitions relate with the “umbrella rights provided by the CRC, which has four basic principles that we know about: non-discrimination, best interest of the child, right to survival, development plus assistance and protection and respect for the views of the child.” The definitions offer a new lens in looking at the movement of children. From a view that children are invisible and passive actors, the Child on the Move provides a perspective that children must be made visible and one must consider them as active decision-makers. It also becomes important to understand the phases of decision-making of children and what and how are choices made by children to guide us in determining and designing interventions. Described by migration experts, as “children’s agency,” this refers to young people’s taking active part in making decisions for themselves; exercising influence and actively deciding to make a move. In the Barcelona Conference, attempts to understand the patterns of mobility of the children were also categorized in certain stages: pre-mobility, mobility and post-mobility. The purpose of understanding the child’s journey stage was to unify prevention criteria and actions, protection and support systems in the three stages of child mobility. 8

Literature from Other Regions a. b. c.

Migration Studies Studies in Africa Studies in Europe

Mike Dottridge (2008): 13 - 16. “Kids abroad: ignore them, abuse them or protect them” Terre

des Hommes International Federation. 8

Lydia Rodríguez, Cintia Alegre and Gonzalo de Castroi (2010: 8) Opcit.

Limitation of the Secondary Data Most of the literature used here acknowledged the fact that there is a dearth of information on child migration not to mention in specific areas like in the Mekong region. The non-availability or insufficiency of data according to some researchers regard this as problematic especially if one has to conduct a correct analysis on the extent and scope of the concept of “children on the move”. The shortage of updated information for children renders them “invisible” in the annual or seasonal migration flow or even from the data to provide exact number of trafficked children, aside from conditions such as “the lack of birth records, as in the case of stateless children, and the reticence of national and international bodies and agencies to share and/or coordinate their databases.”9 Likewise official statistical data are lacking on trafficked children, migrant children, and children who are detained or are in police or government custody due to undocumented status or being illegal migrant workers. UN agencies offer estimates, in the same manner as other international NGOs, to indicate the total number, as well as the growth or decline of numbers about trafficked and migrant children. The unavailability of information will not be surprising for information current or future about the number of children on the move in the region. At this point this study is one with the reviewed literatures to say that accurate data concerning the number of migrants in the GMS is and will be difficult to attain. The Asian Migrant Center (2009) explains that this is “due to the fact that many migrants are long term residents in their host countries, and most migration in the region is spontaneous and through irregular channels.” Other reasons which was concurred by West (2008) include that “many people in the GMS continue to be undocumented in their home countries… that the many ethnic groups residing along the borders of the GMS countries often have kinship ties with people on the other side of the border who belong to the same ethnic nationality, therefore movement across international borders has long been a feature of their daily lives”.10

THE SITUATION OF CHILDREN ON THE MOVE IN THE GREATER MEKONG SUB-REGION The Economic and Political Situation in the Region The environment of the countries of the Children on the Move in the Greater Mekong Sub-region (for this study: Burma/Myanmar, Cambodia, Lao People’s Democratic Republic (Lao PDR), and Thailand) can be described as “emerging market/economies - work in progress.” All four countries, while diverse in many ways, have one thing in common: economic development is a priority. It is not surprising to see these countries building new infrastructures, such as road

Lydia Rodríguez, Cintia Alegre and Gonzalo de Castro, 2008: p.7.

Asian Migrant Center (2009): p.

transport systems, railways, irrigation systems, hydro electric power plants, gas supply, and the like for country economic improvements and the development of the GMS economic corridors11 with the support of financing institutions such as the Asian Development Bank and the World Bank through portfolio loans, technical assistance and grant investments and foreign and private sector investors.12 The three countries – Lao PDR, Cambodia, and Myanmar – are resource-rich countries and have a lot of unexploited natural resources. They are being eyed as sources of electric power for China, Thailand and Vietnam, which are countries described by World as having “fast growing needs … due to their strong macroeconomic growth…Conversely, Lao PDR, Myanmar, and Cambodia offer an unexploited potential for hydroelectric and gas supply that, due to the required economies of scale and low levels of in-country electricity demand, cannot be developed economically for domestic consumption.”13 The economic growth of the Greater Mekong Subregion is underway and being prepared by and among the countries themselves supported by economic development and financial institutions. With the exception of Thailand, the countries in the GMS have had a long history of colonization. And all of these countries have also a history of social upheavals, tumultuous internal and intercountry border and conflicts; likewise, the 20th and 21st centuries had witnessed several ethnic religious tensions within their own territories.14 The economic and political changes in these countries influence and to a large extent pressure the mobility of citizens and non-citizens of these countries. Internal and inter-country migrations had been and are always there based on statistical records and documented experiences. In fact, to some this is already considered “the default” or “the practice”.15 West (2008) observed that recently, there had been extensive movements of people in the region. Moreover, international organizations like the World Bank (2007) acknowledged the challenge and increasing importance of labor migration/labor market issues – illegal labor migration - in the GMS suggesting “increased regional cooperation and integration by facilitating a more efficient allocation of labor resources according to the needs of the regional economies.”16 Thailand, with its booming economy, is one of the major countries which are the choice if not the immediate destination of most migrant workers coming from Burma, Cambodia and Lao PDR.

According to the ADB, the “Southern Economic Corridor links Cambodia with six provinces in Thailand including Bangkok, four regions in Viet Nam including Ho Chi Minh City, and six provinces in Lao People's Democratic Republic (Lao PDR). It also reaches to Dawei in Myanmar. The other two major economic corridors in the GMS are the East-West Economic Corridor linking Lao PDR, Myanmar, Thailand, and Vietnam and the North-South Economic Corridor linking People's Republic of China's (PRC) Yunnan Province and Guangxi Zhuang Autonomous Region, Lao PDR, and Myanmar”. See http://www.adb.org/Cambodia/news-releases.asp 12 http://beta.adb.org/news/adb-supports-tourism-greater-mekong-subregion 11

World Bank, 2007. “Strategy Note on World Bank Regional Support for the Greater Mekong Sub-Region,” p.17 14 Asian Migrant Center, Resource Book: Migration in the Mekong Sub-Region, 2nd edition, 2006. p.3. 15 Andy West, 2008: pp 3 – 7. 13

World Bank, 2007: p. 50

Migration routes in country maps drawn by the Asian Migrant Center (2005) showed arrows mostly pointing towards the direction of Thailand. The rapid growth of Thailand seemed to accelerate also the population movement as well as the demand for labour which attract migrants from neighbouring countries to cross the borders. Again, the Asian Migrant Center (2009) which estimated the number of migrants from 3 to 5 million in number, observed that â&#x20AC;&#x153;undocumented migrant workers have therefore become a significant feature of the Thai economy and society.17 Subsequently, since 1992, the Thai government had series of decisions to document migrant workers who enter Thailand; however, the process has not been formalized as a regular program, which makes the process unpredictable for both migrants and employers.18 Nevertheless the migrants who have limited opportunities in their home countries continue to risk trekking towards the Thai borders in search for a better life and with the hopes that they can avail of immediate refuge, opportunities for work, livelihood, education, and other services. The following provides a summary backdrop of each country and the situation of children. Population and Demography The most populous among the four countries is Thailand which has more than 67 million people, followed by Burma which has more than 50 million, then Cambodia and the least populated is Lao PDR. By population growth rate, the highest is Burma (9.8%) followed by Laos PDR (2%) and Cambodia (1.9%) and the least is Thailand (1%). Children under 18 years old in each country comprise 32% in Burma, 41% in Cambodia, 45% in Lao PDR, and 26% in Thailand. Based on urban-rural location of population, all countries show that most of the population are still in the rural areas. Thailand has 34% of its population living in the urbanized areas of the country; this is closely followed by Burma at 33% and Lao PDR at 32% and Cambodia accordingly at 20% has the lowest urban population compared to the 3 others. It is surprising to note here though that Cambodia has high rate of internal migration according to the 2010 UNIAP report. Demography/Country19

Burma

Cambodia

Lao PDR

Thailand

Population (Est 2009)

50,020,000

14,701,717

6,320,000

67,764,000

Population Growth Rate

9.87%

1.9%

Population Under 18

16,124,000

6,036,000

2,832,000

17,902,000

33%

20%

32%

34%

Percent of population in urban areas (2009)

Sources: ADB 2009, www.state.gov, UNDP, UNICEF http://www.unicef.org/statistics/index_countrystats.html, CIAThe World Factbook https://www.cia.gov/library/publications/the-world-factbook/geos/th.html

Asian Migrant Center, Migration in the Greater Mekong Sub-Region, An Annotated

Bibliography 4th edition, 2009: p.14 18

Ibid.

World bank data; CIA fact book, ADB (2009), www.state.gov, UNDP, UNICEF http://www.unicef.org/statistics/index_countrystats.html, CIAThe World Factbook https://www.cia.gov/library/publications/the-world-factbook/geos/th.html 19

Economy In terms of GDP per capita, Thailand posted the highest on the average amount that the country produces per person, while the per capita of the countries, Cambodia and Burma are only representing a little more than 8% of Thailandâ&#x20AC;&#x2122;s economic performance. Lagging behind among these countries is Lao PDR, which showed 5% of Thailandâ&#x20AC;&#x2122;s GDP. In terms of average annual GDP growth rate from 1990 - 2009, Burma placed the highest, which is at 8.2% followed by Thailand at 7.8%, and Lao PDR at 7.7% and Cambodia showing the lowest at 6.3%. Although by gross national income (PPP) Lao PDR showed higher performance than Cambodia, and Thailand showed more than half lower than its GDP per capita. No information is provided for Burma for its GNI performance. It will be noted, however, that the population living below poverty level (international standard of US$ 1.25 per day) Thailand has the lowest (less than 2%) of poorest of the poor population, while Lao PDR (44%) has the highest number followed by Cambodia (26%). It is unfortunate that Burma does not submit reports to show its poverty situation. The Official Development Assistance that flowed in each country was varied: Cambodia posted the highest ODA inflow followed by Burma and Lao PDR. Selected Socio-Economic

Burma

Indicators/Country20 Population (Est 2009)

Cambodia

Lao PDR

Thailand

50,020,000

14,701,717

6,320,000

67,764,000

$701.99

$706

$495.79

$8,700

8.2%

6.3%

7.7%

7.8%

GNI per capita (US$), as of 2009

$650

$880.00

$3,760

ODA Inflow in Millions$

534

743

496

-621

26%

44 %

<2%

GDP per capita (US $), as of 2009 GDP per capita average annual growth rate, 1990-2009

Population living below international poverty line (1994 2008)

Sources: ADB 2009, www.state.gov, UNDP, UNICEF http://www.unicef.org/statistics/index_countrystats.html, CIAThe World Factbook https://www.cia.gov/library/publications/the-world-factbook/geos/th.html

ODA/international financial institutions indicate that the rapid growth of economy in Thailand posed high demand for labor which could be supplied by the labor surplus from the three countries, namely Burma, Cambodia and Lao PDR. Human Development Indicators The lifespan of the population has slightly increased from a decade and half earlier. Thailand posted to have the longest average life expectancy (69 years old), followed by Lao PDR (65 years old), and of equal status are the countries Burma (62 years old) and Cambodia (62 years old). Adult literacy is posted highest in Thailand (94%), closely followed by Burma (92%); while Cambodia (78%) and Lao PDR (72%) quite lagged behind.

World bank data; CIA fact book, ADB (2009), www.state.gov, UNDP

As to the situation of the children’s education, particularly the status of enrolment at the primary education from 2005 - 2009, Thailand posted the highest rate of 98%, followed by Cambodia (89%), Burma (84%), and Lao PDR (82%). Thailand showed the highest survival rate for primary education, although Burma showed conflicting reports between administration and survey reports. If the survey report is correct, Burma posted 100% survival rate, higher than Thailand. Cambodia also reported higher survival rate (92%) if the survey report is made as the basis than Lao PDR which shows low survival rate of 62% for primary level students. Similarly, literacy rates (for those aged 15 and above) vary widely, ranging from 98 percent in Thailand to 78 percent and 83 percent in Lao PDR and Cambodia respectively. In year 2009, UNICEF statistics showed that Burma had high mortality rate for children less than 5 years (71 for every 1000 live births), this was followed by Lao PDR (59 for every 1000 live births) and Cambodia (32 for every 1000 live births) and Thailand (14 for every 1000 live births). In similar proportion is the country status on children (0-5 years old) suffering from underweight from moderate to severe conditions as reported by the World Health Organization. Lao PDR posted the highest rate or 31% of its children’s population, closely followed by Burma (30%), and Cambodia (29%); and far behind is Thailand of only 7%. In the same WHO report cited by UNICEF statistical database, maternal mortality (adjusted) rates are high for Lao PDR or 405 deaths for every 100,000 women who gave birth, Cambodia at 290, and Burma at 240. While Thailand posted 48 mortality rates, nevertheless, this is still a significant number. The World Bank reported that “while 98 percent of infants aged 12-23 months in Thailand were immunized, this number was a low 45 percent for Lao PDR. The HIV prevalence rate ranges from a high of 2.6 percent in Cambodia and 1.5 percent in Thailand to a low of 0.1 percent for Lao PDR; but with increases in cross border migration and trade, most economies are at risk of potentially increased prevalence rates…” Cases of HIV/AIDs were estimated high in Thailand or 420,000, followed by Burma or 200,000. Cambodia is also reported to have about 42,000 cases, while Lao PDR has 6,000 cases. Although not directly proportional and perhaps due to other factors, the trend for the estimated number of orphans due to all causes (in thousands) show that Burma has the highest number of orphans (1.6M), followed by Thailand (1.4M), while Cambodia at 630,000 and Lao PDR at 220,000. In the meanwhile, the rate of the population using improved drinking water is 100% already in Thailand, and for Burma (71%), Cambodia (61%) and Lao PDR (57%) at least they are above half of the population. For the latter countries, the urban use is slightly higher than the rural areas. To sum up, the Human Development Index (HDI) ranking of the four countries out of 169 countries – coverage of which is the performance in conditions of the human resource population of the country in terms of education and health, as well as economic living conditions – show that

Thailand is at the 92nd place, while the 3 other countries lag behind: Cambodia at 124th place (improved considerably since 2000), followed by Burma and Lao PDR (132nd and 133rd). As observed by World Bank, “although there has been progress in poverty reduction throughout the sub-region, poverty rates remain high in Cambodia, Lao PDR and Myanmar. Social indicators show considerable variation among GMS countries, with Cambodia, Lao PDR and Myanmar lagging other countries in education and health.”21 Political Conditions The four countries have varied types of government showing two-side extremes in the political spectrum. Thailand and Cambodia both have constitutional monarchy currently espousing democratic principles although the latter has had turbulent past under the Pol Pot regime. Thailand recently had its share of political changes, when the people clamoured for change in the political leadership which is challenging current administrations. If Lao PDR is in left wing of the spectrum or a communist state at the right extreme is Burma which is run by a military regime, although recently it claims to have opted to become a civilian government, however, this claim is still in nominal terms. All four countries have internal political as well as transnational pressures with each and among other countries in the Mekong region. Most of these pressures are felt or manifested along the borders of each political territory. The following are drawn from recent reports of the CIA World Factbook which briefly illustrate the current political conditions of the countries in focus. Inside Burma and in the Thai borders are political pressure groups opposing the Burmese military regime. Political movements, such as the pro-democracy and independence mass organizations from the States of Karen, Karenni, Shan, Kachin are actively opposing the current military regime which restricts freedom of expression and parties of political groups which the regime does not approve of. The military hunts down rebel groups and as a result many are internally displaced by the violent skirmishes and the military occupation in the said States. It was reported that “140,000 persons mostly Karen refugees fled civil strife, political upheaval and economic stagnation in Burma and lived in remote camps in Thailand near the border.”22 Migrants from Burma, who make up the bulk of migrants in Thailand, seek economic opportunity and escape from military repression.23 The US State Department in its Human Trafficking report 2010 placed Burma to Tier 3. It gives account to the Burmese government’s reluctance to address the systemic political and economic problems that cause many Burmese to seek employment through both legal and illegal means in neighboring countries, where some become victims of trafficking.24

World Bank, 2007

CIA World Factbook downloaded July 8, 2011.

http://www.state.gov/g/tip/rls/tiprpt/2010/142761.htm

Between Cambodia and Thailand are boundary disputes and sometime this year both countries resorted to arms in the dispute over the location of the boundary, on the precipice surmounted by Preah Vihear temple ruins, awarded to Cambodia by ICJ decision in 1962 and part of a planned UN World Heritage site. In the meanwhile, Cambodia is also concerned about the Laos’ extensive upstream dam construction. The latter, which is instituting a strict socialist regime is closely aligned to Vietnam. Thailand as earlier mentioned has its share of political pressures inside and on its borders. Reportedly there are separatist violence in Thailand’s predominantly Muslim southern provinces which promoted border closures and controls with Malaysia; it pursues talks with Laos on the demarcation of borderline but disputes remain over several islands in the Mekong River. Thailand must also deal with the Burmese ethnic rebels (Karen, Hmong), refugees and asylum seekers, and illegal migrants from Burma. It is also studying the feasibility of jointly constructing the Hatgyi Dam on the Salween River near the border with Burma. Thailand is currently labelled as Tier 2 in the US State Department’s 2010 Trafficking in Persons Report. It assessed that “The Government of Thailand does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government continued implementation of its comprehensive anti-human trafficking law that came into force in 2008, continued training on the law, and conducted awareness-raising activities on human trafficking. Despite these significant efforts, the government’s overall effort to address forced labor and forced prostitution of foreign migrants and Thai citizens did not make adequate progress.”25 Cambodia and Lao PDR are also in the Tier 2 watch list. One way to deal with transnational pressures is to align with transnational organizations for peaceful settlement of disputes. Opportunities for joint undertakings were also sought after. Countries in focus have entered into membership or participated in different international conventions such as the ASEAN, commit or entered into bilateral agreements with nations. The past and present state of affairs of the countries affects the citizens’ decision for mobility either by force or otherwise. Migration studies have shown some waves of movements which correspond with certain political events taking place within, between or among countries. Coupled with the weak economic progress and limited opportunities in one’s country in constant terms (as shown by the economic performance vis a vis the poverty threshold sections of the countries), migration is an option for citizens, adults and children alike. ASEAN ASEAN’s work in the area of children on the move has been concentrated on specific issues and segments, particularly child trafficking and child migrants. The ASEAN has been responsible for spearheading coordination among its members for combating cross-border trafficking of persons among its member countries. The efforts being undertaken by ASEAN in coordinating anti-

http://www.state.gov/g/tip/rls/tiprpt/2010/142761.htm

trafficking efforts are based on the ASEAN Declaration against Trafficking in Persons Particularly Women and Children that was signed in 2004 (David et al.: 2010). Though the declaration is a non-binding document, it has provided the framework on which ASEAN bases it work against trafficking. The coordination of anti-trafficking efforts being undertaken by ASEAN’s member countries has mostly been undertaken through a project called the Asia Regional Trafficking in Persons Project (ARTIP). The project, which is undertaken by the ASEAN through funding from AUSAid, began in 2007, is a successor of an earlier project undertaken in 2003 to 2006 by the Australian government. The ARTIP’s work is distributed among the following objectives and activity areas: (ARTIP: 2011) (1) Strengthening specialist and general law enforcement responses to trafficking (2) Strengthening judicial and prosecutorial response to trafficking, and, (3) Strengthening the legal policy framework ASEAN’s work has thus been limited to strengthening government institutions and policies that deal with human trafficking. The primary aim of such objectives and activities is for the prosecution of criminals responsible for human trafficking. This approach and its implementation have met both problems and limitations in the course of the four years since the project was launched. David (2007) emphasizes the difficulties that ASEAN members face in coordinating their efforts in the absence of any agreement on basic concepts such as a standard definition of “trafficking” and “victims of trafficking. Furthermore, the focus of ASEAN’s work is too limited on the prosecution of trafficking syndicates and perpetrators, with much less attention being given to strengthening reintegration and recovery services for victims of human trafficking, including children. Lastly, ASEAN’s work on human trafficking is, for the most part, devoted to crossborder trafficking – and thus is unable to address the problem of domestic trafficking in each country. The ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC) is an intergovernmental consultative body and integral part of the ASEAN’s organizational structure.26 It was established to promote and protect children and women’s rights and to enhance cooperation among member states. It has 16 mandates and functions; particularly related to the CoM: to promote and protect the rights of children; to advocate on behalf of children; to gather data and conduct analysis; to share experiences; to support child participation and civil society participation. While the ASEAN has a commitment to have nations aim for one vision, one identity towards the region’s peace, stability, economic growth, set prosperity, social progress and promote the body’s interest ideals and aspirations, the reality is, the ASEAN is primarily concerned by problems of

www.asean.org/documents/TOR-ACWC.pdf

member nations, such as economic instability, political conflicts, war, all of which affect childrenâ&#x20AC;&#x2122;s rights and its fulfillment.27 According to the ACWC representative, local governments [of ASEAN] nations have no concrete mechanisms to deal with problems of children on the move. As one of its challenges, [the ASEAN] need to improve capacity internally and regionally to understand the problems of children on the move. The ACWC can facilitate: the sharing of experiences among government, the civil society, NGOs, children and young people; to have space where NGOs, CSOs, children and womenâ&#x20AC;&#x2122;s organizations to take the initiative, to lobby and pressure the government and the ASEAN bodies for bilateral and multilateral cooperation between countries to happen, it will need regular procedure and mechanisms and binding instruments for the ten members of the ASEAN though. The policies and programmatic responses for children on the move can be raised to the ASEAN.

The Children on the Move: Reasons for Moving Corresponding to country situations, some of the major reasons that contribute to the mobility of children in the region can be categorized by the following factors: Socio-economic Pressures/Factors. Individuals and group desire to have a better life for oneself and the group (the family, clan, or ethnicity) where he or she belongs. This desire and expectations from social groups form pressures to children to obtain or change employment or even have access to education which is believed to deliver them from poverty. a. Family and Poverty. Limited opportunities in the country of origin push families to migrate with their children. Likewise, parents expect their children to contribute to the family coffers to make both ends meet, especially if the household income is not enough. Cases of trafficked children inside or outside Cambodia reported that victims acquiesced to such conditions because they had to help pay debts incurred by family members or because of pressures/need to get employment to provide/remit cash for the family.28 b. Family.

Children leave home because of neglect of family, domestic violence,

incest, sexual abuse at home, or conflict between parentâ&#x20AC;&#x2122;s nationalities. Children move to be reunited with parents and siblings. c. Peers. The desire to earn compounded by curiosity, influence from peers are reasons to leave and work outside the home or the community. Some cases observed peers were mentioned serving as intermediaries for children to find jobs or places to stay in their destination area. See new trends in UNIAP report. d. Community and Kinship. This may include ethnic group migrations (West, 2008). Intermarriages were also reported as another factor that pushes a young person to move and live in another place. Cases of children trafficked from Myanmar to China are for the purpose of marriage to Chinese men (UNIAP, 2010). 27

Commissioner Taufan Damanik, Indonesian Representative to the ACWC as speaker of Nov

2010 TdH Asia ACTs partners workshop. 28

UNIAP 2010

e. Absence of Family, Community and Kinship. Children move when they become orphans or separated from loved ones due to sickness, deaths (HIV/AIDS) or abandonment of parents or guardians, and no one can take care of him or her. This is reported as one of the reasons cited by trafficked victims from Cambodia. Economic Development Pressures or the availability of resources in another place. These refer to changes taking place because of implementation of economic policy infrastructure development in the country. For example, Thailand’s economy which has rebounded strongly from the global financial crises now emphasized investment in physical structure strengthening the domestic capital market and improving the enabling environment for private sector investment. For those in search of employment opportunities due to labour opportunities, loss of land or livelihood, the availability of jobs attracts people to migrate or move to another place. It may also mean displacement if government wants to expropriate properties to develop the place as in the case of Burma’s mining business or building of infrastructures, such as road transport system, dams. In the “Strategy Note on World Bank Regional Support for the Greater Mekong Sub-Region,” it made mention that Nam Theun 2 Hydropower project in Lao PDR and similar projects in the region “have much wider impact in terms of the overall implications for overall natural resource management…subregional environmental impact…social dimensions, resettlement issues, concerns relating to ethnic minorities, and the longer term questions of economic growth, poverty reduction, and environmentally sustainable development of the subregion.”29 Infrastructure development may also influence the rise of tourism (including

presence of sex tourism areas), which could attract employment opportunities in this industry. Pressures brought about by Political Conflicts – Political conflicts include armed conflict, civil unrest, war, and persecution in place of origin. The conflict and the limited opportunity in Burma push people to cross the border with the assistance from local brokers or intermediaries. In Karen state of Burma, adults and children alike experience displacement or the need to leave because of the ethnic religious tensions and the military occupation taking place in the States near the border. From various sources large numbers (10,000 to 1M from 2004 – 2011) of internally displaced persons (IDPs) and refugees in Burma and along the Burma-Thailand borders have been reported. 30 From the book published by CPPR – Burma (2009), “Feeling Small in Another Person’s Country” it estimated 200,000 Burmese children living in Thailand. Many of them form part of the migrant workforce and about 20% of those consist of children 15 to 17 years of age.31 Ecological Disasters and Pressures from Climate Change –Children, especially the younger ones, are vulnerable to the effects of climate change. The tsunami devastation in Thailand in 2004 left children homeless separated or orphaned due to the disappearance or deaths of parents.

29 30 31

World Bank, 2007 Various sources (TBBC, Harvard studies etc.) Committee for Promotion and Protection of Child Rights (Burma); 2009: p.12.

Likewise the cyclone Nargis that wreaked havoc in Burma had found children fleeing from their homes and some being separated from parents and or family members.32 The Disaster Risk Reduction and Climate Change Adaptation Programs of international organizations identified hazards of the following countries which were culprits of the large-scale disasters; likewise these are also caused by the vulnerabilities of families and communities, and the un-readiness of governments to manage and reduce disaster risks or vulnerabilities. Country Burma

Cambodia Lao PDR Thailand

Natural and Man-made Hazards Cyclones, destructive earthquakes and cyclones; flooding and landslides common during rainy season (June to September); periodic droughts  Internal strife/Violent skirmishes Monsoonal rains (June to November); flooding; occasional droughts Cyclones, Floods, Droughts Tsunami, land subsidence in Bangkok area resulting from the depletion of the water table; droughts 

Risks/Vulnerability Medium to High

Medium to High Low to Medium Medium to High Medium to High

Sources: http://www.nationmaster.com/graph/geo_nat_haz-geography-natural-hazards

Socio-Psychological Factor – Children are found escaping from certain pressures, such as parental neglect and abuse. For example it was cited in the CPPR-Burma (2009) study that some parents verbally abuse their children by telling them not to come back home if they cannot earn a fixed amount per day. Burmese children are stigmatized due to ethnic discrimination – communities blame them for cause of diseases or other superstitious beliefs. Experiences of discrimination against girl children also motivates children to leave; similarly discrimination against lesbian, gay, bisexual, transvestites.33 The socio-psychological factor can also include the strong desire of the child to go to school (UNIAP, 2010) or drop from school because of psychological reasons. It may also simply refer to visitation of friends, relatives outside his or her habitual residence, or go to a place for entertainment (the city) and procurement of material things that the child is attracted to. This may also include lack of understanding

of consequences of exploitation. Fear for one’s life – fleeing from criminal syndicates or authorities after the child. Cultural factors - are considered in the framework of push-and-pull factors. This includes practices that become embedded already in the mindset of children. For example, it was seen to be a standard practice for parents to send children out to work, especially once they have reached the age of 13 years and seen to be physically capable of bringing in extra income for the family. 34 Likewise, West (2008) and World Vision (2010) made mention of going through “rites of passage” for older children. In the context of India, dowry and forced marriage are

considered under the cultural factors/pressures. Other Factors – Events or factors other than those mentioned above that influence children to leave or move away from home are important to discover to have more understanding of the situations of children. This may include better educational opportunities. In the case of

Nepal, children go abroad to study. But if they could not finish their education, they are 32

UNICEF

COM Workshop November 2011

CPPCR (Burma): 2009 cited from http://www.ibiblio.org/obl/show.php?cat=1667

ashamed of going back to their own country. Geographical reasons, closer the border is the bigger possibility of moving across the border.

Situation of Children on the Move in the GMS As a result of the economic and political conflicts in Burma, children on the move in Burma and along its borders may become internally displaced children; asylum seekers and refugees; migrants; stateless children and trafficked children. These children, whether inside Burma or have crossed the borders of Burma to Thailand experience the following situations as listed on the matrix below: Situations of Children Living on Both Sides of the Burma-Thailand Borders Migrant Children in Thailand1 • • • • • • • •

Caught in Poverty Cycle Child Labor Social Welfare Problems Health and Nutrition Issues Limited Education Opportunities Trafficking Domestic Violence Abandoned Children

Internally Displaced Children in Burma2 • • • • •

Forced relocation Forced labor Forced recruitment as child soldiers Destruction of food sources Poor access to health, education and social service

CPR, ILO; 2 KHRG, BPHWT (As cited by: Advocacy for Child Protection and Education for Burmese Children; September 2009 Health Sciences Centre; Karen Education Department/Karen State Education Assistance Group)

Displaced Children. In 2010, the approximate population of Burmese children is 32.20%; an estimate calculated from UNICEF data that around 19 million children are part of the Burma’s 59 million population that year (UNICEF, 2010). Using the statistics above, the rough calculation of the displaced children below 18 years old in 2010 was at 143,612 of which 40,250 lived in government evacuation sites; 37,030 were hiding in the jungle; 66,322 refugees were living in evacuation sites managed by ethnic groups. These children mostly needing protection are high risk to trafficking cases. Child Migrants as Burmese refugees and stateless persons. As of April 2008 the total refugees living along the Burma-Thailand border (Mae Hong Son, Kanchanaburi, Mae Sot and Mae Sariang) reached 121,383; forty-five percent (45%) were females and fifty-five percent (55%) were males. Of the said population an approximate 49% or 59,478 individuals belong to age bracket 0-17 years old (UNHCR, April 2008). The basic need of child migrants who are refugees and stateless is to have legal documents to prove his/her origin and thus him or her “illegal.” The absence of proper documentation prevents children from accessing basic services such as education and health care. Children with no

birth certificates and other related documents encounter problems with the authorities e.g. immigration police. For child migrants in need of employment, this is also the basis of exploitation of employers who use their “illegal” status to the exploiters’ advantage. This is also the reason that prevents children from easily terminating abusive employment and ending

exploitation, thus resorting to actions that put their lives to more danger e.g. “escaping,” or literally jumping off the ship. Other desperate measures include resorting to obtaining fake

certificates. When they are detained, children are put in prison together with adult criminals. And since they do not have proper legal papers, they also have a hard time going back to their country of origin Migrant Children Moving Alone or Unaccompanied. Children who move alone unaccompanied may be more vulnerable to deception since they do not have support groups to rely on during crisis situations. These children may likely have left home to get away from troubles at home – violence, abuse, problems. Children who are not accepting of support because of fear for one’s life, fear of authorities have difficulty trusting people. For child migrants in need of employment, this is also the basis of exploitation of employers who use their “illegal” status to the exploiters’ advantage. This is also the reason that prevents children from easily terminating abusive employment and ending exploitation, thus resorting to actions that put their lives to more danger e.g. “escaping,” or literally jumping off the ship. Migrant Children in Conflict with the Law. When migrant children get accused of participating in petty crimes – theft, pick-pocketing, prostitution, involvement with gang wars, vagrancy – begging, sleeping on the streets, and bigger criminal activities such as selling drugs or getting involved with crime syndicates, they become subjects of arrest and detention by police authorities. These children are highly at risk and more vulnerable if they are considered foreigners in the country where they get arrested, they are at risk if they cannot speak the language, get discriminated, abused by authorities, given the blame and made responsible for the crime. In the GMS countries where languages are different from one country or ethnic group to another, the lack of the language facility to understand, translate, and communicate is a major setback, aside from the lack of legal representation, and lack of access to legal and social services. Children Left Behind. These are children with migrant parents who cannot afford to bring children in labor destinations. While they are not considered as Children on the Move they constitute a large number of children affected global migration trends. Children. The impact may vary - negatively or positively. Positive impact may include financial and material benefits of migration. They may experience food and education security; lighter financial obligations to pay debts, school needs, cost of household bills. However vulnerabilities of these children (depending on age) may also influence negative impacts such as lack of emotional security due to longing for parental care, burden of girl children to substitute for the caring work, development of consumerist behavior, and a cyclical desire to migrate. To add, they are susceptible to abuses, lack of role models, deception of traffickers, weak education systems that fail to keep children in school. Child Migrants as Trafficked Children

In the country of destination, trafficked children in the GMS may not be easily identified. They can easily be regarded like other migrant children from GMS countries or in Southeast Asian countries. In transit there were cases of female children being confined in buildings to do domestic work or sexually exploited under the supervision of surrogate parents, or for male trafficked children do forced labor in dirty, demeaning, dangerous jobs. Children and young people are reportedly recruited (or trafficked) for these jobs because â&#x20AC;&#x153;these jobs are often unregulated, dangerous and undesirable to most people and become breeding ground for traffickingâ&#x20AC;?.35 In transit children also encounter the following challenges36: - Travel documents are kept by traffickers or they have no records of identity; - They are abused by traffickers when in transit. They are made to use drugs. - Lack of food - Some hotlines for assistance are not well known, not publicized and/or not working; - Authorities in transit areas are not trained to properly identify children who are victims of trafficking. The children fear being exploited by the authorities; - Some service providers do not act quickly due to lack of commitment or if victim is of another nationality, there is discrimination against children. - The media sensationalizes the story/plight of children - The children lack knowledge about the risks of travelling and they are more likely less able to defend themselves; - For sexually exploited children, they are put into debt bondage, they are exposed to sexually transmitted infections and HIV/AIDS. Some encounter a problem of sex addiction, the use of sex to manipulate others, mental and physical illnesses and early pregnancy or unwanted babies - There are cultural differences between the origin and destination areas - Children victims develop mistrust and tend to lie and deceive others. In destination areas, challenges experienced by children include: - Delay in handling of their cases because the childâ&#x20AC;&#x2122;s country of origin may not have diplomatic ties or they do not have embassies in destination countries. - They are discriminated (different nationality, language differences, different legal status. Due to the limited funding capacity of NGOs, it is very challenging to provide children victims with adequate services like psychological counseling. - The children have limited access to information in their new location/country. - In destination areas, there are social beliefs that lead to stigmatization. - There is also a problem with the lack of assurance for continued protection after the victims leave the shelter The UNIAP 2010 reported that most migrants that become victims of trafficking in Thailand are from Myanmar, Cambodia and Lao PDR, hence the transit points are along the borders between Thailand and these countries. Victims identified are migrants who have been forced, coerced, or defrauded into forced labour or commercial sexual exploitation. Trafficking victims within

Ibid.

Documentation from CoM Workshop of TdHNL November 2010

Thailand typically work in fishing, seafood (shrimp) processing, low-end garment production, agriculture, construction, domestic work and begging. In 2009, there were 108,000 registered domestic workers, 95 percent came from Burma. Recent studies on migrant workers in the region estimate that there are 1.8 million to 3 million migrant workers in Thailand, of which majority undocumented. There has been an increase in the number of younger people, migrating from neighboring Mekong countries, vulnerable to being trafficked into the commercial sex industry. UNIAP, World Vision, and US State Department (Trafficking in Persons Reports in 2010) have observed that labor migration and internal trafficking cases have been reportedly high in Burma, Cambodia, and Lao PDR. While there are no accurate data to provide reliable estimates of the number of migrant children, documented stories from children, whether trafficked and or subjected to child labor, provide indications of their situation while on the move. The stories infer the roles of parents, employers, authorities, duty bearers, and other actors. The following are documented common experiences and practices leading to exploitation and abuses of migrants adult and children alike37. 1. There are no contracts (verbal agreements only) between employer and migrant worker; if there are contracts – these do not follow national and international standards and are often to the advantage of the employers. Some recruiting agencies make the would-be employee sign contract even before the pre-departure briefing. 2. Individuals, families and communities lack clear information about risks and conditions of job offers with attractive promises, falsification of age to warrant employment for young people, especially age still considered as children. 3. There are no laws to protect domestic workers in sending and receiving countries within the GMS. The US Department of State highlighted migrant domestic workers, mostly females vulnerable to exploitation. They are given low pay, long working hours (15 – 20 hours per day), no regular holidays, few or no days of rest, confinement or isolation in the workplace, and seizure of documents. Most often when there are reported abuses from employers, authorities are unable to inspect private property as easily as formal workplaces; also authorities, like monitoring or inspecting officers are reluctant or unable to protect workers. 4. Victims of labour trafficking are often overlooked and laws to protect migrant workers are not enforced; victims do not consider themselves victims; this is often reason that is why it is hard to identify persons trafficked for purposes of labor – victims are not aware of laws, regulations, mechanisms to protect them. Undocumented migrants fear authorities or fear being discovered (because they will be charged illegal migrants and fear they will be detained and deported) that is reason for not pressing charges should they realize they are trafficked victims. This is also experienced as a difficulty in prosecution of cases when trafficked victim do not want to testify or provide details about one’s identity and status. Another reason for difficult identification of victim: Trafficked 37

World Vision (2010)

persons often do not know the language of the destination country; they often have no access for help and vulnerable to being mis-identified as illegal migrants. 5. Exploited migrants do not feel that criminal justice agencies can protect them. Although it is important to conduct necessary investigations if migrant workers are victims of trafficking in order to determine if they should be protected by the trafficking laws instead of being deported. 6. Labor inspectors do not have capacity to identify suspected industries violating labor laws. Law enforcers lack information, skills, and tools (checklist/types of questions to ask, subtle ways of identifications) to identify victims of labour trafficking.

Child Protection at the GMS The Convention on the Rights of Children (CRC) According to the UNICEF, the CRC is “the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights”. This came to being because world leaders, in 1989, finally decided to have a special convention to address the need of children (people under 18 years old) as they often call for special care and protection. By having the CRC the world recognized that children have human rights too. It has set children’s rights in 54 articles and two Optional Protocols. It declares that children everywhere have:    

the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life.

Four core principles of the Convention are inherent to human dignity and harmonious development of the child. These are: non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services. Thus, signatories of the CRC agree to undertake the obligations of the Convention (by ratifying or acceding to it), national governments have committed themselves to protecting and ensuring children's rights and they have agreed to hold themselves accountable for this commitment before the international community. It is expected that State parties to the Convention are “obliged to develop and undertake all actions and policies in the light of the best interests of the child”.38 All countries covered here are signatories of the CRC.

http://www.unicef.org/crc/

Ratified Instruments with the UN39 Aside from the Convention on the Rights of Children, related legal and policy frameworks that all countries entered into which are beneficial to children and women is the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Except for Burma, the three countries Cambodia, Lao PDR, and Thailand were signatories of the Optional Protocols to the CRC. The 3 countries were also signatories to related international policies that affect children such as the International Covenant on Civil and Political Rights, International Convention on the Elimination of All Forms of Racial Discrimination (CERD), ILO Convention No 138 on Minimum Age of Children (C138), and the ILO Convention No 182 on Prohibit and urgent Activities for Eliminating of all Worst Forms of Child Labour (C182). Regional Agreements At the regional level, two agreements among nations in the region stood out. These were the Declaration against Trafficking in Persons Particularly Women and Children with the ASEAN and the Memorandum of Understanding on Cooperation against Trafficking in Persons in the GMS with COMMIT. As of present, not all four countries have signed related instruments of the ASEAN and COMMIT. Nevertheless there are bilateral initiatives between nations. Bilateral Agreements Countries have also entered into Memorandum of Understanding and bilateral cooperation. Burma, Cambodia, Lao PDR and Vietnam have each entered into cooperation agreements for employment of workers with Thailand. Cambodia had entered into an MOU with Thailand for eliminating trafficking in children and women and assisting victims of trafficking with Thailand and with Vietnam. Cambodia had also entered into a cooperation agreement for extradition treaty with Thailand. Cambodia reported that it had struck bilateral agreements with other countries such as the Republic of Korea and Kuwait on the sending of their workers, and on the exchange of human resources respectively. On anti-human trafficking, it had also came into agreements with Vietnam including the Vietnamese police to assist in the identification and repatriation of trafficked victims. Country Child Protection Policies At the national level the countries â&#x20AC;&#x201C; Burma, Thailand and Lao PDR - each has a legislated national Child Protection Law. At present Cambodia has no such legislated policy, however it claims that there are certain provisions for children in particular laws such as the Criminal Procedures 2007, The Criminal Code 2009, Law on the Protection and the Promotion of the Rights of People with Disabilities (2009), Law on Marriage and Family, Law on Prevention on Domestic Violence and Victim Protection, Law on Nationality, Law on Drug control, Law on Immigration, Law on Press Regime, Law on Tourism, Law on Labour, Law on the Protection and 39

Sources: UNICEF, 2009. UNFCC, www.interior.gov.kh http://cambodia.ohchr.org/EN/PagesFiles/RuleOfLawIndex.htm

http://www.cncc.gov.kh/images/stories/documents/CRC_Report_in_english.pdf,

Promotion of Disabled persons. It also reported that the law on Juvenile Justice has been submitted to Council of Ministers and will be adopted at National Assembly by end of 2011. Furthermore Cambodia has national strategies and policies for implementation of child rights and child protection such as: National Policy on Alternative Care for Children and Minimum Standards on Alternative Care for Children; National Child Friendly School 2007; Policy on Labour Migration for Cambodia 2010; Policy on safe village and commune in 2010; Policy on Education for Children with Disabilities 2008. Accordingly, it reported that the country is in the process of developing its second national plan against trafficking and sexual exploitation on children for years 2011-2014. The Cambodian government created the Cambodian National Council for Children (CNCC). This government agency is tasked to coordinate the implementation, consideration and evaluation of all policies and programs that are related to the rights and condition of Cambodian children. In 2000, the council was responsible for the drafting of a National 5-year Plan against Trafficking and Exploitation of Children. A second National 5-year plan is said to have been in the process in 2007 (Kingdom of Cambodia: 2007) although there are presently no documents detailing the outcome of the said process or national plan. It is not clear if other countries have similar structures that look into child protection of their country. While there are protection plans for children being reported by each country and in their own jurisdictions, there were no reports to show that there were budget allocated for the implementation of policies for the protection of children. At the local level, except for Thailand’s Provincial Plan of Action on Trafficking, there was no other information available that indicates policies observed at the local level. It was also observed that labor laws in GMS still do not fully correspond to the changing labor environment. The lack of protection systems and support makes children more vulnerable to exploitation and abuse. Country Mechanisms Supporting Child Protection: For Human Anti-Trafficking Initiatives. The country governments have set up their policies, procedures and systems for victim identification, policies and procedures for shelters, post harm assistance, prosecution (units and resources), and prevention focused on awareness raising campaigns and bilateral agreements with other countries. On one hand, some policies and procedures are more developed and elaborate providing guidelines for personnel involved in the human trafficking program, like Thailand. However, in most cases, these mechanisms, particularly in the countries such as Cambodia and Lao PDR “lacks the necessary human, technical and financial resources to fulfill its coordinating role in relation to the implementation of the Convention (UNCRC), and that there is no obligation for any government department to refer or defer … on issues related to child rights.” The absence of an adequate budget for the CNCC has led to a significant degree of dependence on funding from development partners and donor agencies for the implementation and provision of services. Burma, on the other hand, set up its ATIP systems for compliance purposes. Key actors for the Anti-Trafficking vary in each country depending on the governments’ structure and resources.

In Burma, the Minister of the Ministry of Home Affairs chair the Central Body which is tasked to suppress trafficking in the country. Its structure is from national to local level. The Central Body has working groups for the support mechanisms for trafficked victims. The working group for prevention is headed by the Ministry of Home Affairs; the working group for Prosecution and investigation is headed by the Deputy Attorney General heads; and for rehabilitation, reintegration, the Deputy Minister for the Ministry of Social Welfare and Relief and Resettlement heads this working group. Cambodia has a National Committee in combating human trafficking labor exploitation and sexual exploitation in women and children. Other ministries are members of the committee which participate according to their mandate – the Ministry of Interior, Department of AntiHuman trafficking and Juvenile Protection, the Ministry of Labor and Vocational Training, which provides to certificates of identity for Cambodian migrant workers. Other ministries include the Ministry of Social Affairs, veterans and youth Rehabilitation provides protection services to victims, including repatriation, recovery, rehabilitation and reintegration. The Ministry of women’s Affairs undertakes prevention activities and provides protection services, including rehabilitation and reintegration. The Ministry of Justice works alongside with the Ministry of Interior to conduct raids, and investigate and prosecute trafficking cases. The Ministry of Tourism undertakes anti-trafficking education and awareness raising activities for those working in the tourism industry, particularly concerned about child safe tourism. The Ministry of Education youth and sports undertakes prevention activities, such as education and awarenessraising, in schools. Lao PDR has the Ministry of Public Security which acts as the head of the COMMIT Task Force. Within this Ministry at the central level and the provincial level are Anti Trafficking Division and Anti-Trafficking Units respectively, with mandates to investigate trafficking cases, collect evidence and submit cases to the Prosecutor’s Office. The Prosecutor’s Office examines documents and submits the cases which have enough evidence to the court. Other ministries that are involved are the Ministry of Labor and Social welfare which provides assistance for child protection from trafficking and assisted returned Lao victims of cross border trafficking with reintegration programs. With support from the International Organization for Migrants, the Ministry operates a a repatriation assistance center for returned victims of trafficking. The Lao Women’s Union provide legal advice to trafficked victims and provide them vocational training and shelter for domestic abuse, sexual abuse, and trafficked women who are abandoned and homeless. The Lao Youth Union provides the prevention measures mostly into awareness raising for youths in the communities. In Thailand, the Ministry of Social Development and Human Security is the government lead and central coordinator for anti-trafficking measures. By their mandates, the other ministries assisting the lead agency are: the Ministry of Labor for compliance with the Thai Labor laws and registration of migrant workers; the Ministry of Foreign Affairs, Department of Consular Affairs and overseas offices are responsible for providing assistance and support to Thai people who have been trafficked abroad; the Ministry of Tourism and sports (MOTs) lead the counter-measures for

sexual exploitation in the tourism industry; the Department of Special Investigation (DsI) under the Ministry of Justice (MOJ) is responsible for the investigation of human trafficking cases and pursuing those deemed as ‘special cases’; the Ministry of Education (MOE) is responsible for the prevention measures on anti-human trafficking advocacy, awareness raising campaigns and preventative measures; the Royal Thai Police (RTP) are the frontliners responsible for law enforcement and bringing offenders to justice; the Office of the Attorney General (OAG), which is an independent government agency responsible for prosecuting human trafficking cases.

Supportive International and Local Organizations Various funding agencies and international organizations have paid extended forms of assistance in the Mekong Region to counter the trafficking of children and help those children in the move. These include: International Multilateral Organizations, Donor Countries International Development Agencies, International NGOs and Regional Networks and Projects, and local NGOs and civil society groups. The UN Committee on the Rights of Children is the body of independent experts that monitors the implementation of the CRC by State parties. It also monitors the tow optional protocols to the Convention, on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. It is under the Office of the High Commissioner on Human Rights. United Nations Children’s Fund (UNICEF) has been extending various support to the children in the GMS. It produced 2 major manuals between 2001 and 2002 which have been used by various governments in child protection including these are: the Training Manual on Child Protection and the Training Manual on Awareness Building on Child Abuse, Neglect and Exploitation for Key Community Members in December 2001. It collaborates with government agencies directly supporting children. United Nations Development Program (UNDP). As a means of preventing trafficking in youth, UNDP provides technical assistance and funding to address a range of issues affecting youth including disempowerment, self-esteem issues, unemployment, health risks, and life skills. The International Labor Organization has been funding and conducting research in the Mekong region with special focus on trafficking in women and children; exploitative labor practices; and migration. ILO also work with country partner NGOs and INGOs for their advocacy on safe migration, anti-trafficking efforts, and promotion non-exploitative labor. United Nations Inter-Agency Project on Human Trafficking in the Greater Mekong SubRegion (UNIAP) was established to facilitate a stronger and more coordinated response to human trafficking in the Greater Mekong Sub-region (Cambodia, China, Lao PDR, Burma, Thailand and Vietnam). At a regional level, UNIAP brings together six governments, thirteen UN agencies and eight international NGOs. At a country level, the project includes an extensive network of government, local and international NGOs, UN organizations, donors and links to networks in South Asia and beyond UNESCO Trafficking Project. UNESCO’s Trafficking Project in Bangkok is undertaking a number of projects on trafficking.

Other UN Agencies • • • •

United Nations Office on Drugs and Crime (UNODC) International Organization for Migration (IOM United Nations for Population Fund (UNFPA) United Nations Women’s Fund (UNIFEM)

Donor Countries International Development Agencies In Myanmar, the British Department for International Development (DFID) extends support to children’s programs through UK-based INGOs. In Myanmar it funded programs of internally displaced persons and refugees. In Cambodia, the European Union, through the European Commission and its member states, provides the largest portion of development aid that goes to Cambodia. Among the key areas that receive aid from the European Commission is the area of governance and human rights, thereby leading to a significant number of grants that are relevant to the protection of the rights of children on the move in Cambodia. The implementation of projects that are funded by these grants are mostly undertaken by non-governmental organizations and some inter-governmental agencies, although the European Commission has also financed some projects undertaken by state agencies of Cambodia such as the CNCC. Bilateral Aid. Among members of the European Union, Spain and France take the lead in the number of grants in general that have been awarded to Cambodia with sixty-two (62) grants since July of 2000. They are followed by Germany, the UK and Sweden. Netherlands has provided thirteen (13) grants since July 2000, three (3) of which center on specific segments of children on the move – young detainees, sexually-exploited children, and trafficked children workers. Outside of Europe, other countries that have given significant overseas development assistance to Cambodia are Japan, Australia, South Korea and Canada. Japan’s development aid (Japan International Cooperation Agency (JICA) has mostly gone to technical assistance projects, infrastructure projects, and demining or mine clearance projects. Australia has funded several projects related to children on the move, including the Anti Regional Trafficking in Persons Project and child protection projects coursed through Save the Children Australia and World Vision-Cambodia. South Korea has also funded some projects related to children on the move, including a project to improve the quality of life of orphans and vulnerable children and another project to provide educational assistance to Cambodian migrant children and orphans. International Financial Institutions. The World Bank has provided assistance, whether in grants or loans, to Mekong Countries to finance infrastructure developments and technical assistance . None of these projects were directed at any segment of children on the move. The Asian Development Bank had studies done on the Referral Systems. The International Monetary Fund, on the other hand, has extended aid strengthening of government financial agencies in Mekong countries. International NGOs Save the Children UK has been conducting various campaigns and research on safe migration and trafficking efforts in the Mekong region. Their projects have been funded by the British DFID; since 1999 Save the Children initiated the cross-border projects in Cambodia, China, Lao PDR, Myanmar, Thailand, and Vietnam. The fourth phase of the Cross-Border Project will end in

December 2011 (Save the Children, 2009-Safe Migration Channel for Children on the Move in China). A toolkit for decision making to determine the best interest of children on the move was also developed by Save the Children. World Vision is an international non-government organization; it has various programs and projects since 2004 which focus on anti-trafficking of children in the Mekong region including China, Vietnam, Thailand, Myanmar, Lao PDR, Cambodia. They identified that China, Thailand, and Cambodia as source, transit and destination points while Vietnam, Myanmar and Laos are source and destination points only. Their projects include action against trafficking, laboratories of learning, children in crisis, anti trafficking campaigns, prevention of sex tourism, after care for sexually abused children, mobilization of children for participation projects, prevention program for high risk children (Patterns, Borders, Reponses: World Vision Mekong Delta Regional Trafficking Strategy Phase 2). In Myanmar there are 4 World Vision shelters and centers located outside Yangoon and Mandalay for street children and those children who are victimized by forced labor (www.streetchildren.org.uk). Plan International carry out support programs for children with focus on the promotion of childrenâ&#x20AC;&#x2122;s rights, child protection against trafficking, violence and abuse, advocacy and programs for health and education , child participation, sexual health and HIV, children in emergencies, economic security of children and their families, and programs for water and sanitation. In the Mekong region Plan International is present in Laos, Thailand, Cambodia, China and Vietnam (www. http://plan-international.org). Regional Networks and Projects Asia ACTs is a regional network of different countries in Southeast Asia which includes: Burma, Cambodia, Lao PDR, Vietnam, Indonesia and the Philippines. Since 2002, it is engage in various activities against trafficking with special focus on children. Their activities include advocacy, public information, community education, promote child protection network, lobbying for laws, research and assisting capacity building for partner groups. TdH has been a partner of Asia ACTs for these efforts (Asia ACTs, 2006-Handbook for Community Educators). Asia Partnership for Human Development (APHD) is a project which mainly focuses on antitrafficking efforts against women and children in the religious and civic sectors of Asia. It has partner organizations all over Asia: Caritas Bangladesh, Caritas Nepal, Caritas India, Caritas Mongolia, Caritas Pakistan, The Fountain of Life (Thailand), Catholic Commission for Human Development (Caritas Thailand), Caritas Sri Lanka-SEDEC, NASSA-Caritas Philippines, Caritas Cambodia and Karuna Myanmar Services; APHD also supports Asia ACTs and its Lao PDR partner (APHD,2007). Thailand Burma Border Consortium (TTBC) has been in service since 1984; it is an alliance of various NGOs. TTBC responds to the humanitarian needs of the refugees; strengthen their self reliance, while promoting appropriate and lasting solutions in pursuit of the refugeesâ&#x20AC;&#x2122; dignity, justice and peace (TTBC, 2010). The Children on the Move Project is composed of major international NGOs and organizations which promote efforts to help these children. It was founded in January 2011 with member organizations including: ENDA Tiers Monde; Global Movement for Children; ILO; IOM; Intervida; (MAEJT) Mouvement Africain des Enfants et Jeunes Travailleurs; Oak Foundation; Plan International; Save the Children International; Save the Children UK; Terre des Hommes;

UNICEF; UNHCR; UN Special Rapporteur on the sale of children, child prostitution and child pornography; World Vision International. Committee for the Promotion and Protection of Childrenâ&#x20AC;&#x2122;s Rights is a coalition of NGOs working to promote rights of Burmese children by focusing on stateless children; they are trying to reach out through various IDP communities in Thailand and Burma. They had assisted a total of 3,000 children in Mae Sot in June 2005 to get their registration papers (Nyo and Smyhthe, 2005). International Rescue Committee primarily helps Burmese children who have no legal status in Tak Province. It has partnered with four community-based organizations, which have structured their own work with the new child protection program and the systems-holistic comprehensive approach. A network of community-based organizations provides immediate safety, psychosocial support, counseling and health services to children victims of trafficking abuse. These organizations mobilize migrant communities in Tak Province for issues concerning child protection. There are several civil society organizations in Cambodia whose work touch on the protection and development of specific segments of children on the move. The organizations may be classified as (1) national organizations with a working presence in 2 or more cities and provinces and (2) local organizations working in a specific locality. National Organizations/NGO Networks. In Cambodia Several national organizations working on child's rights partner with local organizations for the implementation of projects in local areas. Some of these national organizations, such as the NGO Committee on the Rights of the Child (NGOCRC) and the Coalition to Address Sexual Exploitation of Children in Cambodia (COSECAM), are actually coalitions of smaller local organizations working in different areas in Cambodia. Three of the national organizations, namely, Childsafe Cambodia, ECPAT-Cambodia, and Save the ChildrenCambodia are affiliates of a larger international organization working on child rights. Local organizations. Many local organizations work in key cities and tourist destinations such as Phnom Penh, Sihanoukville, Battambang and Siem Reap (Angkor). The higher presence of such organizations in these areas is due to the fact that these locations have historically been shown to be the destination areas for children on the move, especially trafficked children and street children. There seem to be less local organizations working in rural areas where COM often originate from. Because of the high concentration of such COM segments in these key destinations, the work undertaken by these local organizations often revolve on these specific COM segments. Children of Cambodia, for instance, focuses its work on reintegrating trafficked young girls into society in Phnom Penh. Another local organization in Phonm Penh, Mith Samlanh, focuses on supporting street children to become independent and productive members of the community. Cambodian Children's Trust, a local organization in Battambang, works with a wider range of COM segments including street children, orphans and abandoned children. In Lao PDR most of the literature on COM are focused on anti-trafficking projects. These are carried out by international organizations and NGOs, and include consciousness-raising and skills development for at-risk groups. The government cooperates with UN agencies, specifically the

UN Inter-Agency Project on Human Trafficking (UNIAP) to monitor, document and suggest remedies for trafficking-related problems, and has provided salaried employees to work on IOM and ILO Projects to gather data on prevention and protection statistics. NGOS THAT ARE/WERE ENGAGED IN ATIP IN LAO Agir pour les Femmes en Situation Precaire (AFESIP) Repatriates Lao women from countries they have been trafficked (mostly Thailand, Malaysia and Singapore) and provide vital grass roots support to victims of trafficking for sexual exploitation. CARE, International. The CARE Laos Long Range Strategic Plan 2007 â&#x20AC;&#x201C; 2012 aims to reduce the vulnerability of HIV/AIDS infection among sex workers in Vientiane Capital. Consortium of World Education and World Learning. In 2002 the United States Department of State funded Consortium to undertake a project that works to improve the Vientiane Center for Skill Development to provide direct assistance to victims of trafficking and youth who are vulnerable to traffickers. Lao Red Cross Norwegian Church Aid. Norwegian Church Aid wants to prevent women and children from becoming victims of violence as a result of cross-border migration. Save the Children (Australia). Save the Children Australia funds a number of different programs focused on health, education, infrastructure building within communities, and the protection of children at risk of abuse. Save the Children Fund (Norway). It is Save the Children Norway's (SCN) policy to cooperate with others in order to reduce the number of children engaged in harmful work, and to promote the rights of working children. Village Focus International (VFI) Lao PDR. VFI Laos focuses on such issues as Youth Empowerment. VFI Laos works to enhance the leadership skills of ethnic minority youth and create opportunities for youth to become empowered community leaders; to create scholarship opportunities for youth to attend high school and university; and to provide awareness and prevention of labor and sex trafficking affecting upland youth.

Gaps in Laws, Policy Implementation, and Practice Gaps on Child Protection observed in the Mekong region in general include the following a. Lack of analytical studies and evidence-based/empirical researches (on the migration routes and patterns of mobility of children; on the common experiences children go through). There is a need for a comprehensive research on children and migration. Current migration studies are more attuned to adults than children. Most researches are focused on child trafficking, there may be a need for more discussions and clarifications on the framework of children on the move for better appreciation.

b. There is a need for more comprehensive reporting and development of databases that will provide indications of the needs of children, and tracking of their progress. c. There is still a need to have comprehensive multi-sectoral review of the legal framework, with regional (ASEAN), national, local policies and to examine how CRC is integrated into these laws; there is lack of harmony among country laws intended to protect migrant (and trafficked) children and the standards set to ensure fulfillment of the rights of children. d. Policy implementation of child protection and systems for improving enforcements do not seem to be a priority of government leaders of the GMS countries. There is lack of understanding of childrenâ&#x20AC;&#x2122;s needs, lack of ownership of the problem and solutions, and lack of coordination, lack of accountability in protecting children. There may be a need for TdH NL to identify ways to influence State and Regional actors to recognize the need to protect migrant children/children on the move. It may be beneficial of TdH to build or improve a structure for better coordination among partners to prepare them in building the dialogue with the national and regional level. e. Lack of capacity of duty bearers (police and immigration officers) to use rights based approach for the protection of children. The inadequacy of skills, knowledge, resources result to the misidentify children and result to their mishandling or maltreatment when children are apprehended. There is not enough informed personnel to deal with children on the move. f.

Legal services for children are inadequate; there is a need to create child-friendly legal services and reporting mechanisms for children. Mechanisms for consultation with children must also be reviewed and developed.

g. Lack of understanding of the child about their rights; there is lack of appreciation on the context of children and their right to move h. Uncoordinated and fragmented actions of Stakeholders on programs and interventions of children on the move. The following lessons learned and gaps experienced/observed are drawn from the studies, discussions and workshop results of World Vision, Save the Children-UK, and Terre des Hommes-Netherlands thru Asia ACTs.40

On Anti-Trafficking, Migration and Domestic Labor Laws 1. Laws and measures for protecting children are largely focused on anti-trafficking in persons and tend to be inclusive only for women and girl children; it must also include 40

World Vision, 2010. Save the Children-UK 2008, TdHNL-AsiaACTs 2010, TdH Workshop July

2011.

protection measures for male victims trafficked into commercial industries, like fishing and agriculture. 2. There are no international legal framework and standards that address the plight of migrant children. GMS country laws and policies lack clear stances on the legal situation of migrant children; likewise, there are no clear accountabilities of origin and destination countries. Anti-child trafficking laws are not aligned with migration laws applicable to children; although the rights of migrant children the rights of migrating children are assured under international standards. 3. GMS country laws are inadequate or are not implemented well to address concerns of migrant children employed in certain industries where they are hired as laborers; governments of destination countries must undertake a full review of laws in regulating industries, especially those known to practice child labor; likewise the assurance of workers are given proper labor contracts and decent working conditions. 4. Immigration laws prevail in cases of trafficked migrants. This weakens the position of trafficking cases when children are regarded as illegal migrants. Anti child trafficking laws must also align with immigration laws. Child centered- and rights-based approach must be applied in handling young victims; must not be detained or deported and must have swift investigations to ensure safety and protection of victim. 5. GMS countries do not cover domestic service sector in their existing labor laws and regulation; national laws and regulations should acknowledge domestic work as labor; those hired in domestic labor be paid at least the minimum that the law requires, provide rest days, and freedom of movement. Laws and regulations must also cover domestic workers to have access to social security, health care, and maternity insurance. 6. Most legislature and policy responses and civil society activities have been overwhelmingly focused on cross border trafficking less attention given to internal trafficking. Government should collect and analyze data to properly assess the size and scope of internal trafficking, should include internal trafficking plan in the national plans of action, policy response and trafficking legislations. NGOs and international organizations, UN agencies should advocate increased attention to internal trafficking. On the Enforcement and Practices on Migrant Labor 1. Enforcement of laws and policies regulating recruiting agencies are found very weak. Hiring migrant workers should be done through public authorities. Labor protection officers must be provided with resources to investigate cases of child migrants 2. There are no reports that show allocation of budget and resources to finance child protection mechanism. Governments must report budget and resources for the protection of children. 3. Law enforcers must be provided with skills to identify; other support or front liners â&#x20AC;&#x201C; concerned agencies, caregivers, community-based groups â&#x20AC;&#x201C; must also be provided this

training to support initial screening… use of technology to improve victim identification. Governments must promote citizens based report of cases of trafficking and improve responsiveness of law enforcement of these reports. 4. Governments to provide or improve dissemination of pre-departure information for potential migrant children; coordination with anti trafficking bodies or agencies must be strengthened to avoid overlaps and gaps in awareness raising; 5. There is a need to build resilience of young people and advocate for pro-active protection of children at the national and local levels and in local communities 6. GMS governments should ensure that labor inspectors have knowledge, skills and incentives to effectively monitor high-risk industries and for those they are trained to identify and act on possible situation of trafficking in these high-risk industries. 7. Government must work with private sector to regulate and monitor high-risk industries with industry specific standards and codes of practice adapted and must impose sanctions on industries that violate the laws and code of conduct. 8. Government and NGOs work together to raise employers’ awareness on labor standards and legal rights of migrant workers. Campaign should target employers in less visible industries such as domestic service. 9. Authorities must be empowered to pursue prosecution of cases of influential traffickers; victims and families must be protected 10. Governments should develop mechanisms and networks to ensure the required monitoring and management systems for protective working environment for domestic workers in country and overseas. 11. Strengthen and enforce occupational safety and protection standards. Labor officers must be trained on new trends in labor trafficking in regard to sectors of employment and areas considered as “hotspots”. Training handbook for labor inspectors must be developed to help them identify suspected industries and collect evidence of violations and provide them related training and support for taking action. 12. Employers, factory owners and managers who breach labor laws are subject to sanctions that reflect seriousness of offense. On Direct Social Services for Child Migrants 1. There are a few shelters and safe houses for migrant children where they can access legal support and be offered mental and physical rehabilitation after ordeals. Also there is a need for reintegration of community based, skills development and individual consultations based on need of each individual. 2. There is inadequacy of effective systems to provide support for child migrants who have escaped or been saved from trafficking. Those escaped lacked documentation of

children’s identity for employment and because of the absence children are viewed as illegal migrants.

3. Child protection systems of both the state and NGOs are not all adequate. Usually, the child protection of the state is not differentiated among children and adult victims. Recommendations from different sources include the following: -

Establish support centers and services recognizing specific vulnerabilities and needs for boys and men Increase investments in skills development for returnees, increase micro-finance opportunities Provide communities with information about alternative livelihood and legal migration to ensure far less vulnerable to trafficking Companies can contribute to exploitation without being aware of it through subcontracts and recruitment agencies down the supply chain. International law requires the state to ensure companies and individuals can be held liable for trafficking related offenses. Business communities are important players – put pressures to adhere basic standards encourage then to join NGOS civil society in fight against human trafficking Continue 5 good practices - setting standards - ethical trading incentives - raising awareness - technical assistance - social reintegration

• Children Left Behind – protection measures must include schools with holistic approach to respond to needs of child, including social and security needs; money saving systems that ensure parents’ wages go toward welfare and education; community support networks and safe migration information for children. • CICL – protection measures must include raising community awareness about responsibilities for all children, regardless of where they are from; shift juvenile justice from a punitive approach to welfare approach; facilitate shifts in attitude among front-line services such as police and social workers. What makes of the above list of stakeholders? The organizations at work for children on the move are mostly working for the anti-trafficking efforts. Progress on the latter in the countries in focus, particularly in Cambodia, Lao PDR, and Thailand, is well acknowledged by organizations such as the US State Department in its Trafficking in Persons Progress Report in 2010. Types of child protection programs include awareness raising in communities, with actors (duty bearers), rights holders, referral systems, advocacy for policy formulation and implementation, as well as direct services for children, such

as education, health, psycho-social counselling, livelihood programs for their families and the like. It will be of interest to all stakeholders to have a common database of these types of initiatives as most of these activities are undertaken as separate individual stand alone activities. Likewise, the lessons learned and the knowledge generated from all these efforts are each on their own and not well disseminated and shared with the other members of the world community that are involved in the child protection. Moreover, as observed by some quarters of the INGOs involved with childrenâ&#x20AC;&#x2122;s issues have articulated that most initiatives are focused on anti-child trafficking. A good review of the impact of all these efforts to the children, their families, communities, and at the national and regional level may be of relevance and interest to all especially governments which are covered in the GMS. International NGOs are beginning to look into the other categories of children on the move who are also vulnerable to trafficking if safety measures are not provided to them. Save the Children UK, for instance, in 2008 had already started discussions with other stakeholders at the GMS on the Children on the Move phenomenon; likewise TdH NL through Asia ACTs followed a discussion among its partners in November 2010. Expanding the reach of children from the antitrafficking segments, the focus now includes child migrants, who have not earlier given enough focus. Moreover the invisibility of these children in statistical records, on literature, and similar discussions are now the growing demand of the said INGOs. In a recent workshop meeting of TdH NL partners in Bangkok, an exercise was undertaken where partners reviewed on their work activities. The exercise revealed that most of the partners focused assistance to trafficked children, vulnerable children, sexually abused children and most of the type of intervention extended to children included advocacy and awareness-raising for the pre-mobility stage and direct services for those who have already been reached at their destination or in transit. The exercise also asked partners to assess how they manifest the principles of CRC such as non discrimination, best interest of the child, right to development and childrenâ&#x20AC;&#x2122;s right to express their views. Likewise, the partners were also asked where they were already good at among the CRC principles and where they are still in need of support. A good number of the partners indicated that they were able to manifest the CRC principles in most of their work; most of the partners see that they were already good at prevention measures â&#x20AC;&#x201C; awareness raising and direct services and having children express themselves. Where the partners are needing support is learning more about ways to determine the best interest of the child, on strengthening referral systems, as well as the need to increase their capacity in advocacy work and having more coordination with other partners to learn about new ways and new directions. In the same workshop, the partners expressed their need for more assistance in learning more about children and access to justice. There were also suggestions to expand partnership with organizations that have expertise in migration and advocacy work and strengthening work in the legal system. Regarding the views of children, a workshop where children from the Thai borders participated in year 2010, recommendations and suggestions to all stakeholders were listed and expressed. Partners and stakeholders of children on the move programs may see a lot of benefit to reflect on the recommendations of the children. See Annex (Thailand Country Analysis).

The GMS Experience of TdH-Netherlands The experience of Terre des Hommes Netherlands in its Advocacy Program against Child Trafficking cannot be discounted. For more than a decade with its partner network – ASIA ACTs (and member country –ACTs) and NGOs, there were many trail blazing moments attributed to their painstaking iteration process to make their Anti-Child Trafficking Campaign programs transformative and innovative. One of its best practices is the Community Education delivery and dissemination of information at the community level. It has conducted inquiries through research when no one has done such on child trafficking in the countries that are most affected in Southeast Asia. It has also made use of creative ways using theater arts and multi-media to reach stakeholders in the community. Likewise, through their active participation in lobbying at the local and international settings, they were able to influence the passage of policies in the countries where they worked and partnered with. The TdH NL experience is also one that is supportive to the programs of NGOs in each country organizations that deal with the 3Ps/interventions to address the intricacies of TIP – Prevention, Protection, Prosecution, and Reintegration of Trafficked Survivors. Direct assistance and services projects complemented the advocacy programs of the TdH NL and partners. TdH NL Southeast Asia had supported many partner NGOs and some government organizations that work with the children and families of vulnerable children and the children on the move in high risk areas in the GMS countries, particularly in Cambodia, Lao PDR, and Thailand. The projects included awareness raising, capacity building, advocacy (legal advocacy), and direct services for education, health, HIV-AIDs, and support to children with disabilities. In the 2009 Annual Report of TdH-Netherlands Southeast Asia, NGOs (and one government – Ministry of Interior in Cambodia) partners that were reached totals to more than 32 organizations and corresponding projects duration ranged from 2005 to 2012. Of these organizations about twothirds dealt with vulnerable children and children on the move. The latter focusing more on antitrafficking efforts, children abused (sexually abused/domestic violence) and a few for migrant children. Most projects build-in capacity building and some recent projects (ending in 2012) included activities for advocacy and capacity building for law enforcers. While the above projects and partnerships are strengths of the TdH-NL Southeast Asia, this is not to say, however, that there no other areas needing improvement in its anti-trafficking program. The need for collaboration with other like-minded organizations is an area for consideration to strengthen its advocacy role. It also needs to strengthen its internal systems and systems of networking with other partners for similar programs in the future. Limited resources must also be optimized and efficiently made available since most of the partners express that funding is limited.

LESSONS on OPPORTUNITIES 1. Mutual Learning with Children The child to child, peer support system as a program strategy to promote the rights and protection of children gave more meaning to the Campaign programs of Non government organizations.

After all the promotion of child rights is all about them and their best interest is paramount; thus their right to participate, to see the programs from their lens and to make them the prime mover of their own cause. These insights seem to be the perspective and the reason for re-thinking and redesigning the child-rights approaches of child-focused organizations (e.g. Save the Children’s studies and modules) and advocates. The learning experience is mutual: Children learn from adults; and the adults learn from them. 2. Advocate’s advise on Consolidation Professor Vitit in his remarks during the TdH-NL COM Conference in November encapsulates the following which are lessons drawn from his experience in working for the rights and welfare of children. He said that “Advocacy of and implementation of these elements would be very important in terms of consolidation: 1) Responsive laws – child protection acts, all kinds of children’s codes; 2) Responsive policies to direct government officials with specific timeframe for implementation; 3) Good programming – good practices; 4) Good mechanisms and personnel – maybe a national human rights commission; 5) Information-based in terms of monitoring and research; 6) Education and capacity building among children, for law enforcers, for adults, etcetera; and 7) Networking and participation” 3. Engaging Government for Capacity Building While most governments in the GMS had already issued policies on the promotion of children’s rights, policy implementation still proves to be wanting. By far, these governments due to many factors, political at times, have been slow in providing the necessary push to enforce protection mechanisms for children, especially the vulnerable ones. While governments had no easy time to grapple with the problems of “regular children”, a new concept such as the protection of children on the move may prove to be overwhelming and may result to ambiguity in their response and in addressing their needs. When governments are slow and wanting, the NGOs/Civil societies must take the lead. But one must proceed with caution. The governments (of Burma and Thailand) where child rights violations are more pronounced to/for the children on the move, the more action (such as negotiations, communications, consultations, creative actions, and capacity building for all actors) should be emphasized. In some countries and areas (e.g. Laos PDR) where there are very limited information, it could be an opportunity to discover and uncover through researches and documentation of processes as integral to the program strategy. However, starting a program where the terrain is familiar may be a good starting point before testing new waters or landscape. For example – Cambodia and Thailand, or with Cambodia, Burma and Thailand. 4. Collaboration with International and Local Non-Government Organizations

Civil society members specifically NGOs play important roles in the development of frameworks, programs, and in the implementation of these frameworks and programs in the action plan/projects geared towards the promotion and realization of children’s rights. NGOs are often the lead drivers for making things happen and hopefully government and funding institutions will support this leadership. Regular dialogue with key and other active organizations – from local to international involved with children on the move will provide insights and more understanding about the children on the move. Mapping of the NGOs by mission or mandates as to the type of Vulnerable Children they are supposed to serve will be helpful. (This context analysis may be a starting point to identify as to who they are). Likewise, it will give opportunities of expansion of partnerships for specific projects in the future (after 3 years). Exploring partnership with schools and the academe – to know what they can do for children on the move 5. Engaging with the ASEAN

Taufan Damanik, ACWC Representative-Indonesia in his/her response gives insights on the capacity of the ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC), which was created to promote and protect children and women’s rights and to enhance cooperation among member states to implement international frameworks (like CEDAW). One of its mandates is to develop policies programs and innovations; to promote

and protect the rights of children; to advocate on behalf of children; to gather data and analysis; to share experiences; to support child participation and civil society participation. Like country governments, the ASEAN representative admits that they still need to improve their capacity internally and regionally in relation to their mandate and functions. It wants to gather more information to have a comprehensive understanding of the situation of children on the move, such as trafficked children. It also admitted that the ASEAN has no complete picture about the situation of children at the national level. Further the response gives credence to “NGOs, CSOs, children and women’s organizations to have a space, to take the initiative, to lobby and pressure the government and the ASEAN bodies.” The ACWC can open doors for the ASEAN partnership for research and capacity building initiatives (however, from some unconfirmed information, this committee is allegedly the “weakest” in the ASEAN – maybe because social protection is not a priority of ASEAN nations?)

SWOT ASSESSMENT Strength 1.

The TdH-NL has institutional presence in the region through its experience and investment of time and resources with partners and the foundation built in its networking activities through Asia ACTs

2. The Partners experience in the region in the anti-trafficking campaign through awareness raising mechanisms developed through Asia ACTs has increased its capacity in the prevention strategies, such as the community education initiatives against trafficking, good practices in service delivery, and to some extent for advocacy work while still in need of enhancement can already provide the seeds to start or renew and improved the CoM programs. 3. TdH-NL has made progress in its anti-trafficking campaign in prevention mechanisms as indicated by documented good practices 4. Supportive management staff from HQ â&#x20AC;&#x201C; open to developing capacities of regional staff 5. Open attitude from partners to new strategies 6. Appreciation on programmatic approach and the openness to use planning tools and research methods to help understand situations 7. Positive results and participation in the conduct of regular dialogue with partners as a good practice to open communications and to allow reflections and understanding of current situations. Weakness 1. TdH-NL may be put to test and be at a cross roads whether to continue Asia ACTs which still needs to strengthen network functions, starting from a systematic mapping of strengths and weaknesses of member organizations, notably to promote regular sharing of information and experiences and specialization based on complementarities between organizations; 2. There is a need to strengthen organization and management, by simplifying the funding structure and adopting a different approach for evaluation; 3. There is a need to enhance the strategic focus of the campaign, by improving the programmatic approach, having the regional network reflect on the balance of its activities with a national or international dimension and its role in each process, and improving knowledge about patterns of trafficking.

4. Lack of ownership of the program. Partners expressed the need to learn more about the Children on the Move framework. Localizing the concept will be helpful for ownership to happen. 5. Capacity Building is one of the areas partners are in need of improvement. Opportunities 1. A new program that can allow improvement and enhancement of the gains built from the successes of the previous program 2. Stakeholders (INGOs) in the Region are in need of allies to consolidate work and may provide good and new networking opportunities for TdH NL 3. Indications that stakeholders in government have good working experience with partners and TdH-NL 4. Possible work linkage with regional organizations like the ASEAN through ACWC – new ground work Threats 1. Limited resources; New program may require more resources – more funding 2. High risks in working with new organizations; will require new political skills 3. A lot of unknowns about the beneficiaries. Likewise governments are not yet familiar with this concept. 4. Working at the borders is risky – situation is volatile.

STRATEGIC OPTIONS/DIRECTIONS: 1. Consolidation to Strengthen Partners 2. Cautious Expansion of Partnerships through Clear Guidelines and agreements; planning and monitoring 3. Program Development Supported by Analytical and Evidenced-based/empirical Researches

Program Recommendation for Terre des Hommes The Program: Campaign on the Protection of Rights of Children on the Move in the Greater Mekong Sub-region - A Pilot Program)

The Strategic Organizational/Program Directions: (i)

Organization: Partnership Strengthening and Network Expansion with Strategic Partners through capacity building a. Network organization strengthened through improved coordination b. Improved Capacity in Understanding the CoM, Tools and Legal Framework

(ii)

Improved Program Delivery a. Advocacy: Partnership and Dialogue with country and local governments and the ASEAN b. Awareness Raising: Legal Framework on the Safe Mobility and protection of children c. Direct Service: Improved Access to services for the Safe Mobility and protection of children

Description of Partnership Strengthening and Network Expansion with Strategic Partners The strategy is first the consolidation of partnership to address the weakness of the network of partners, specifically the lack of coordination, effective communication, and the lack of time and resource to focus on the organizational development. The opportunities of a new program and of stepping up to a new level requires partners to be more prepared and capacitated to deal with new challenges e.g. relating or bringing the strategy and issues of children on the move at the ASEAN level, aside from the country level. Selecting strategic partners is necessary for balance and complementarities as in exchange of new ideas and good practices; in this sense is the expansion when the organization widens its scope for change of perspectives. This, however, to be successful requires a lot of communications like experience sharing. The goal is to improve and enhance the individual partnersâ&#x20AC;&#x2122; capacity for improved techniques, strategy and gainful insights. On the program management level, the purpose is to increase the capacity of partners for better decision making and program implementation. Activities may include, joint participation in the implementation of research activities, conduct of partners dialogue/conference to present findings of the participatory research and again get the concepts more refined; agreement and guidelines setting for coordination, communications, and partnership improvement. Description of Improved Program Delivery: advocacy, awareness raising, and direct services. The Program, Campaign on the Protection of Children on the Move is a participatory undertaking between TdH NL and SEA partners. The program is intended to lay the ground of improving childrenâ&#x20AC;&#x2122;s access to services and to increase their opportunity for safe mobility. Through participatory action and evidenced-based research, the legal framework on the CRC will be more understood and appreciated so this becomes embedded to help reform the system that is oppressive to children on the move. The current network of partners of Terre des Hommes in Southeast Asia (through Asia ACTs or partners) will be the springboard to identify new partners that will provide the technical/legal expertise and the children who will work with partners to make the program more grounded.

The intended results: the campaign is based on the situation and the perspective of the child and takes into consideration the CRC principles of non-discrimination, best interest of the child, right to survival, development plus assistance and protection and respect for the views of the child.

Activities: (1) Participatory Action research with partners and stakeholders through Asia ACTs and/or country networks in the GMS pilot countries in view of the Child on the Move/CRC framework â&#x20AC;&#x201C; the Asia ACTs and other country partners collaborate in understanding the COM/CRC legal framework vis a vis the cases of migrant children, trafficked children and stateless children.. (2) The project will also be working on the CRC legal framework and country laws and policies directly affecting children on the move. The country partners will look into policies and procedures that harmonize and policy areas that are in conflict with the CRC Child on the Move analytical approach (3) Development of new perspectives, strategies and techniques, systems, and tools (training modules, guidelines or IEC materials) to promote the perspectives to advocates, other NGOs, service providers etc. It can also be a basis for policy papers that can be presented to collaborating partners, government or the ASEAN (4) Participatory or action research with strategic partners and the children on the move. The inputs from the perspectives, strategies, and techniques must also come from the children that the partners will work with â&#x20AC;&#x201C; preliminary interviews or studies as individuals or peer groups. For example i. Young trafficked survivors (who are still on the move) ii. Youth whom the local country partners work with iii. Other migrant children. (5) Capacity of government and non-government stakeholders are built in understanding the framework of children on the move -

The training or IEC materials can be pre-tested with other partners and new partners. This way the promotion and the advocacy is already on its way.

Training materials can be made depending on audience â&#x20AC;&#x201C; it can be meant for adults, for children on the move, children in school, children in the communities, service providers, government partners

ANNEXES 1. Country Context Analysis (Burma, Cambodia, Lao PDR and Thailand) 2. Outline and Interview Schedules 3. Terms of Reference