Association of South East Asian Nations
Topic B: Human Trafficking in South East Asia
Chair: Zachary Elvove
Vice Chair: Eric Anderson
Moderator: Nick Medrano
Crisis Staff: Hayley Landman and Jacob Swiatek
April 10 - 13, 2014
Elvove 1
Human Trafficking
“One Vision, One Identity, One Community.” - ASEAN Motto
Introduction
The ubiquity of human trafficking for both sex and labor trafficking is more pronounced
now than at any point in history.
Human trafficking is often considered to be a “hidden” problem for a number of reasons
including the lack of political capital as well as a lack of data that clearly demonstrates the extent of
and rationale behind the problem.
In recent years, however, ASEAN member nations have
increased their efforts to eradicate trafficking.
Human trafficking is detrimental to the security of individuals and hinders their ability to
move freely without fear. Constant exploitation makes it dangerous for citizens to migrate between
ASEAN member nations. According to a 2009 UNODC report, more victims are transported to
more countries from Southeast Asia than any other region, and survivors have been found in Africa,
Europe, Australia, and the Americas in addition to regional sites.16 Furthermore, sex tourism remains
a major industry within ASEAN nations.
Reported and prosecuted cases of forced labor or
domestic service are also on the rise. Forced prostitution comprises the majority of reported cases.
This is partly because prostitution is more visible, but also because laws explicitly targeting labor
trafficking are relatively recent and enforcement is increasing.16
ASEAN is uniquely placed to address human trafficking within its member states. Member
states of ASEAN need to resolve complex questions of immigration, poverty, and law enforcement
in order to successfully address slavery and give their citizens a sense of security at home and while
travelling through and working in other ASEAN nations.
Elvove 2
Background
For this topic, human trafficking is referring to sex
trafficking and labor trafficking.
defines
human
trafficking
as
The United Nations
“the
recruitment,
transportation, transfer, harboring or receipt of persons, by
means of threat or use of force or other forms of coercion,
of abduction, of fraud, of deception, of the abuse of power
or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of
a person having control over another person, for the
purpose of exploitation.” 14 Not all exploitation qualifies as
slavery.
Nations are classified based on their position in the
trafficking process, which is usually related to the
economic health of each nation5. A “source” country is
one from which victims are taken. A “transit” country has
routes passing through the nation from neighboring states,
but whose victims do not come primarily from that
country nor whose destination is within that country. A
“destination” country is one whose majority slave
population is imported; however, the victims can also come
Figure 1 This definition of trafficking comes from
the UN Trafficking Protocol and is used by
ASEAN in its reports.
from within the nation. Every nation in the world is a source, transit, and destination country to
some extent. Laos, Cambodia, and the Philippines are source countries; Brunei, Singapore, Malaysia,
Elvove 3
and Thailand are destination countries; Vietnam and Indonesia are considered to be both source and
destination countries5.
Victims from ASEAN nations are trafficked all over the world. The map above shows the
countries in which East Asian victims were found between 2005 and 200716. North America and
Europe are major destinations for victims; however, because of imperfect reporting or identification
Figure 2 16
of trafficking and the fact that victims are not always recovered, countries not identified as
destinations for East Asian victims may indeed be16.
Labor Trafficking
Nations with a large youth population and widespread poverty or unemployment that border
countries with porous borders yet employment-based immigration policies are particularly
Elvove 4
vulnerable to being source nations for labor trafficking7. Individuals looking for work in such a
climate are more likely to be willing to migrate for work opportunities, whereupon many find that
what appear to be legitimate positions are indeed ruses to entrap and exploit workers. Workers may
be forced into debt-bondage—they are forced to repay “finder’s fees” for the “employment” they
find before earning money for themselves. As a result, wages are withheld which puts the workers at
risk of falling further into debt with their employers in a vicious cycle they can never escape7. Other
exploited workers are told that they will only receive compensation once they have worked a certain
amount of time, essentially preventing those workers from leaving lest they be stranded with no
money at all. Whether or not these workers have obtained legal visas is at the present immaterial to
some extent, because employers have the ability to take papers to immigration officials and claim
falsely that the stipulations for the work permits have been violated; alternatively, employers turn in
workers for having no paperwork7. This results in victims being re-victimized by governments, as
they are then arrested or deported7.
Sex Trafficking
Sex trafficking is considered to be more visible than
labor trafficking, because victims are found in populated
areas to attract customers. Sex trafficking victims can be
procured by traffickers in ways very similar to labor
trafficking victims7. Many are lured away from their homes
with promises of legitimate employment and then find
themselves forced to work in brothels or to sell sex on the
Elvove 5
Figure 3 16
streets. Women and girls comprise the overwhelming majority of sex trafficking victims, but sex
trafficking of men and boys is also a problem, particularly since there are fewer resources devoted to
assisting male victims16.
The perpetrators and their means differ between countries, but there are large trade routes
that operate within and through ASEAN nations to bring in new slaves and export local victims to
other regions of the world.
Legal Situation
In 2004, ASEAN member nations signed the ASEAN Declaration Against Trafficking in
Persons Particularly Women and Children. The Declaration called for the establishment of a
regional network through which countries could work together to stop trafficking and share
information, better integrity of travel documents, and to distinguish victims from perpetrators and
to treat victims humanely2.
All ASEAN members as well as the ASEAN secretariat participate in the Bali Process, a
forum that seeks to address issues of immigration, people-smuggling, human trafficking, and related
crime. The Bali Process is co-chaired by Indonesia and Australia and includes 45 governmental and
nongovernmental members3. In April of 2013, the Bali Process endorsed a Voluntary Reporting
System on Migrant Smuggling and Related Conduct (VRS-MSRC) that was developed by UNODC.
The VRS-MSRC is an internet-based tool for the collection and sharing, on a voluntary basis, of
information on migration and smuggling so that the region can form a clearer picture of routes and
policies12. The more information ASEAN governments have about human trafficking, the better
equipped they will be to fight against it.
Because citizens of ASEAN nations are trafficked through their neighbors, many nations
have signed Memorandums of Understanding (MOUs) that are intended to facilitate international
Elvove 6
cooperation. ASEAN member nations, however, have received criticism from NGOs for not
following through and cooperating after signing these agreements1.
A number of standards exist for measuring the extent to which governments effectively
address trafficking within and across their borders; however, every country in the world has
problems with human trafficking. One of these lists is the annual Trafficking in Persons Report
generated by the United States Department of State. It uses a tiered system to categorize countries
and make recommendations in which Tier 1 is in compliance with minimum international standards,
Tier 2 is not in compliance but improving, Tier 2 Watch List is not in compliance and worsening or
not improving, and Tier 3 is not in compliance and making insufficient efforts to do so. South
Korea is the only nation in ASEAN Plus Three that is on Tier 1. This tiered system is important
because it determines sanctions placed on countries for not making effort to achieve minimum
international standards13.
Enforcement
Human trafficking legislation is difficult to enforce at best.
Much of the burden of
enforcement is placed on local police, who are often underpaid and are required to use their own
resources to follow cases. They are therefore susceptible to accepting bribes for mutual protection
from local traffickers. Furthermore, successful brothels can benefit the local economy, with sex
tourists bringing in money to local businesses. Then when local governments attempt to crack
down, they are met with resistance1.
Bloc Positions
Member States
Brunei did not have a specific offence for trafficking until 200416, and its first successful
prosecution and sentencing of an offender occurred in 2013 when a Thai national was sentenced to
prison for four years for subjecting three Thai women to forced prostitution7. Brunei does not meet
international standards for curbing trafficking, but in recent years it has made great efforts to do so.
Elvove 7
An increase in industrialization has left citizens particularly vulnerable, as more are willing to search
for work abroad and can fall prey to “recruiters” claiming to match individuals with better economic
opportunities and who trap them into exploitation instead16. Brunei is primarily a destination
country.
Cambodia is primarily a source country for women and girls for sex trafficking around the world,
but 54 cases of domestic trafficking were investigated between 2005 and 2007 compared to 32 cases
involving cross-border trafficking investigated during the same period16. Cambodia has had
trafficking-specific offences involving women and girls for sexual exploitation since 1996 and added
new offences for forced labor in 200816. Despite these measures, it was estimated in 2004 that more
than 50,000 girls were in brothels in Cambodia19, and labor trafficking laws need firmer
enforcement7.
Indonesia is both a source and destination country. Out of the 2,273 victims assisted in Indonesia
by the International Organization on Migration between 2005 and 2007, 480 (more than twenty
percent) came from Indonesia16. Most were exploited as domestic workers16. Indonesia has laws
that cover some aspects of trafficking, and the main policy is based on the Presidential Decree on
Trafficking in Women and Children6. However, there is no explicit and all-inclusive anti-trafficking
law and no legal definition of “trafficking.” 6 In 2002, Indonesia established a National Task Force to
Implement the National Plan of Action for the Elimination of Trafficking in Women and Children6.
There is still much to be done to address trafficking in men, especially labor trafficking.
Laos is a source country with increasing investigation and prosecution of traffickers16. Despite this
progress, however, in December of 2012 the UN warned Laos is “extremely vulnerable” to human
trafficking and there is no express anti-human trafficking legislation in place9. Part of Laos’
vulnerability is due to its porous shared borders with Cambodia, China, Myanmar, Thailand, and
Vietnam, through which major trafficking syndicates may have transit routes. Between 2006 and
2012, 1,419 trafficking victims were repatriated to Laos16. Most victims end up in Thailand,
Malaysia, and China16. Laos is on the Tier 2 Watch List for human trafficking.
Malaysia is a destination country, primarily for labor trafficking16. The nation does not meet
minimum standards for anti-trafficking efforts and is on the Tier 2 Watch List until it improves.
The US Department of State considered demoting Malaysia further to Tier 3—where it has been
several times in the past decade—but did not due to the fact that the Malay government has
developed a written plan that if implemented would make significant progress15. Should the nation
fail to enact this plan, it could face sanctions and withdrawal of foreign aid15. Malaysia struggles with
both sex and labor trafficking, but prosecution and victim protection has been focused almost
exclusively on sex trafficking16. This has led to disagreements with other ASEAN nations,
particularly Indonesia.
Myanmar is a source country, primarily for sex trafficking of women and girls16. Despite its
continued problems, Myanmar is making great progress towards eliminating human trafficking.
Trafficking became a narrowly defined offence in 2005, and in 2007 Myanmar commenced a fiveyear plan to combat trafficking16. In 2013, the International Labor Organization (ILO) agreed to lift
all restrictions imposed on Myanmar in response to the country’s efforts to stop using forced labor8.
Myanmar in 2012 signed an agreement with the United States outlining goals and a plan for the
elimination of human trafficking in and through Myanmar. 18
Elvove 8
The Philippines is a source and destination country16. “Pervasive and persistent poverty”
combined with conflict between paramilitary groups and the government, a large informal economy,
and undocumented Filipinos makes the Philippines a prime location for human trafficking. Corrupt
law enforcement officers severely hinders swift and decisive action to curb trafficking16. The nation
does not fully comply with the Trafficking Victims Protection Act’s minimum standards, but is
considered to be making significant effort to do so. Sex tourists come from Northeast Asia,
Australia, New Zealand, Europe, and North America to purchase sex with children16. Human
trafficking is explicitly outlawed by the Anti-Trafficking in Persons Act of 2003, and beginning in
2010 the government increased its efforts to raise awareness of trafficking amongst the public and
expedite the prosecution of backlogged trafficking cases7.
Singapore does not meet minimum requirements for anti-trafficking provisions7. “Trafficking” is
not defined in Singapore law; therefore prosecutions in cases of forced prostitution or labor
exploitation are difficult to obtain or misclassified for reporting purposes16. Furthermore, the
maximum sentence for forced prostitution is five years of prison time, which is not commensurate
with similar crimes such as rape16. The United States Department of State stated in a 2013 report
that the Singaporean government “failed…to hold labor traffickers criminally accountable” as no
labor trafficking offender had ever been prosecuted or convicted in Singapore17. Human trafficking
problems appear to be linked with Singapore’s rapid industrialization17, and Singapore is walking a
fine line between its unwillingness to acknowledge these problems masking them and making the
government appear inept.
Thailand is a destination country that, despite great pressure and efforts to tackle human
trafficking, remains one of the greatest regional culprits16. Labor trafficking within Thailand
accounts for nearly as many identified trafficking cases as sex trafficking16. Thai immigration policy
places the burden of paperwork on employers, so that employees are reliant on their employers to
use fair practices in order to be in the country legally. This enables businesses to lure migrant
workers into the country and then fail to register them, so that their ability to move about freely and
legally is eliminated13. Many migrant workers are subsequently persecuted for immigrating illegally13.
In response to pressure from neighboring countries and the threat of economic sanction, Thailand
opened a period of registration for undocumented workers in the fall of 2012 through April 2013,
but high fees and coercion from employers deterred many from obtaining legal status13. Local Thai
governments may hesitate to enforce any new legislation, as businesses may benefit from cheap
labor and sex tourism.
Vietnam is a source country for trafficking victims, particularly women and girls16. Cambodia is the
primary destination for Vietnamese victims; Cambodian victims also make up the majority of foreign
victims within Vietnam. The government of Vietnam estimates that 10 percent of arranged
marriages between Vietnamese girls and Chinese men involve trafficking victims, who once married
are often raped and abused16. In 2011, Vietnam signed an MOU with China to attempt to curb
trafficking of its citizens in China19.
Non-Voting Members
Japan created a specific offence for human trafficking in 200516. Sentences under this law include
one to ten years in prison. Between 2005 and 2007, 24 people were convicted for human trafficking,
all for sex-trafficking16. Japan is considered a transit, source, and destination country. Japan is part
of a route for victims being trafficked from East Asia to North America, and its nationals are a part
Elvove 9
of that trade as well as trafficked internally. Victims in Japan come from all over the world, but
mostly from East Asia16. Trafficking in Japan is overwhelmingly sex-trafficking, but the nation also
has growing problems with migrant workers being subjected to forced labor.
People’s Republic of China is considered to be one of the worst countries in terms of human
trafficking in the world, with a ranking of Tier 2 Watch List in the latest Trafficking in Persons
Report. It is a source, destination, and transit country. Many victims are young children and babies
who are sold to childless couples, and others are youths and adults who migrate through improper
channels looking for work who get trapped into domestic or labor trafficking7. The nation serves as
a transit country for slaves being moved into Malaysia and Thailand7. China is also a destination
country for young girls and women who are trafficked to be brides16. China is working to improve
labor conditions for Chinese nationals, potentially at the expense of foreign migrant workers.
Republic of Korea is the only member of ASEAN Plus Three to comply with international
standards to reduce human trafficking7. In 2004, the Republic of Korea passed the Act on the
Punishment of Intermediating in the Sex Trade and Associated Acts and the Labor Standards Act,
which outlaw most aspects of trafficking16; however, the nation lacks one clear law that expressly
prohibits all types of trafficking7.
Questions to Consider
1) What legislation does your nation have in place to prevent human trafficking?
2) What legislation does your nation have in place to assist trafficking victims after they have
been trafficked?
3) How stringently are cases of human trafficking prosecuted?
4) Is your nation a source, destination, or transit country? How does its status as a source,
destination, or transit country affect the legislation it passes internally or agreements it signs
with other nations?
5) Has your nation signed agreements with other ASEAN member countries to jointly attempt
to eradicate human trafficking? With ASEAN observer countries? With destination
countries?
Recommended Sources:
“Global Slavery, By the Numbers” The New York Times
http://bits.blogs.nytimes.com/2013/03/06/global-slavery-by-the-numbers/?ref=humantrafficking
Elvove 10
This very brief article gives basic background information and numbers about modern-day
slavery. After reading this, it would be a good idea to check out the New York Times’ topic
page on human trafficking.
International Organization for Migration http://www.iom.int/cms/en/sites/iom/home.html
The International Organization for Migration (IOM) tracks all forms of labor movement,
including involuntary movement due to trafficking.
International Labor Organization http://www.ilo.org/global/lang--en/index.htm
The International Labor Organization (ILO) is a specialized agency of the UN that works
with employees, businesses, and governments.
The Human Trafficking Foundation http://www.humantrafficking.org/
This website provides an overview of individual countries’ specific human trafficking
problems and how they are attempting to address them. It also provides overviews of UN
organizations, NGOs, and important trafficking-related treaties as well as recommending
best practices for handling each step of trafficking, from prevention to rehabilitation.
United Nations Office on Drugs and Crime,
http://www.unodc.org/unodc/en/treaties/CTOC/index.html
UNODC’s mission and full text of the United Nations Convention against Transnational
Organized Crime and the Protocols Thereto.
The Bali Process http://www.baliprocess.net/
The homepage of the Bali Process website, an international organization dedicated to
combating trafficking on a regional scale. All ASEAN nations are members and Indonesia is
a co-chair.
Association of Southeast Asian Nations (ASEAN), http://www.aseansec.org/about_ASEAN.html.
This website provides access to information about ASEAN countries and agreements with
various countries, including the 2002 agreement with China, the “Declaration on the
Conduct of Parties in the South China Sea,” http://www.aseansec.org/13163.htm.
Elvove 11
Bibliography
1. "Analysis: Southeast Asia's human trafficking conundrum." IRIN: nouvelles et analyses
humanitaires. Bureau of Coordination of Humanitarian Affairs of the United Nations, 6 May
2013. Web. 27 Jan. 2014. <http://www.irinnews.org/fr/report/97979/analysis-southeastasia-s-human-trafficking-conundrum>.
2. ASEAN Declaration Against Trafficking in Persons Particularly Women and Children. (enacted).
ASEAN, 2004. Association of Southeast Asian Nations. Web. 26 Jan. 2014.
<http://www.asean.org/communities/asean-political-security-community/item/aseandeclaration-against-trafficking-in-persons-particularly-women-and-children-3>.
3. "Bali Process." International Organization for Migration. IOM, n.d. Web. 26 Jan. 2014.
<http://www.iom.int/cms/en/sites/iom/home/what-we-do/regional-processes-1/rcps-byregion/bali-process.html>.
4. Beges, Sarina A. "Combating human trafficking requires a regional approach, says Stanford
Scholar." Center on Democracy, Development, and the Rule of Law. Stanford University, 11 Jan.
2013. Web. 27 Jan. 2014.
<http://cddrl.stanford.edu/news/combating_human_trafficking_requires_a_regional_appr
oach_says_stanford_scholar_20130111/>.
5. Bhattacherjee, Aparupa. "Human Trafficking in Southeast Asia: A Crime Against
Humanity." IPCS: Institute of Peace and Conflict Studies. N.p., n.d. Web. 27 Jan. 2014.
<http://www.ipcs.org/article/southeast-asia/ipcs-debate-human-trafficking-in-southeastasia-a-crime-against-4041.html>.
6. David, Fiona, ed. ASEAN and Trafficking in Persons. Geneva: IOM International Organization
for Migration, n.d.
http://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/published_do
cs/books/lowres%20asean%20report-complete.pdf
7. Human Trafficking.org. N.p., n.d. Web. 27 Jan. 2014. <http://www.humantrafficking.org>.
8. ILO lifts remaining restrictions on Myanmar. International Labour Organization. ILO, 18 June 2013.
Web. 27 Jan. 2014. <http://www.ilo.org/ilc/ILCSessions/102/mediacentre/news/WCMS_216355/lang--en/index.htm>.
9. "Laos 'extremely vulnerable' to trafficking by organized crime groups - UN official." UN
News Centre. N.p., 5 Dec. 2012. Web. 27 Jan. 2014.
<http://www.un.org/apps/news/story.asp/html/www.wmo.int/story.asp?NewsID=43682
&Cr=trafficking&Cr1=#.UuYNCZXnbX5>.
10. "Laos Remains a Source of Human Trafficking Victims." Asian News. N.p., n.d. Web. 27 Jan.
2014. <http://www.asianewsnet.net/Laos-remains-a-source-of-human-trafficking-victims53769.html>.
Elvove 12
11. Laos (Tier 2). 2012. http://photos.state.gov/libraries/laos/19452/pdfs/LAOS%20%202012%20TIP%20Report_06-20-12.pdf. PDF file.
12. "Ministers endorse UNODC data collection on migrant smuggling." UNODC Southeast Asia
and Pacific. United Nations Office on Drugs and Crime, 5 Apr. 2013. Web. 27 Jan. 2014.
<http://www.unodc.org/southeastasiaandpacific/en/2013/04/bali-process/story.html>.
13. Schearf, Daniel. "Thailand Extends Migrant Worker Registration Deadline." Voice of America.
N.p., 18 Jan. 2013. Web. 27 Jan. 2014. <http://www.voanews.com/content/thailandextends-migrant-worker-registration-deadline/1586395.html>.
14. "The Slave Route: Modern Forms of Slavery." United Nations Educational, Scientific, and Culture
Organization. United Nations, n.d. Web. 26 Jan. 2014.
<http://www.unesco.org/new/en/culture/themes/dialogue/the-slave-route/modernforms-of-slavery/>.
15. "2012 Trafficking in Persons Report - Malaysia." refworld. N.p., n.d. Web. 27 Jan. 2014.
<http://www.refworld.org/docid/4fe30cb0c.html>.
16. United Nations Office on Drugs and Crime. United Nations Global Initiative to Fight
Human Trafficking. Global Report on Trafficking in Persons. N.p.: n.p., 2009. Print.
17. United States Department of State, 2013 Trafficking in Persons Report - Singapore, 19 June
2013, available at: http://www.refworld.org/docid/51c2f38f4d.html [accessed 18 January
2014]
18. "United States-Myanmar Joint Plan on Trafficking in Persons." U.S. Department of State. N.p.,
18 Nov. 2012. Web. 27 Jan. 2014.
<http://www.state.gov/r/pa/prs/ps/2012/11/200675.htm>.
19. "Vietnam: Human Trafficking." Global Exchange. N.p., n.d. Web. 26 Jan. 2014.
<http://www.globalexchange.org/country/vietnam/trafficking>.
Elvove 13