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Minister’s Meeting Enhancing Inter-Regional Prosperity Through Multilateral Framework On Migration “Human Trafficking and Protection of Victims and Refugees” Manner Position on “Human Trafficking and Protection of Victims & Refugees” Since Manner declare its independence in 1948, human trafficking and refugee has been serious issue because of unstable political and economic situation made by military regime.
Manner faces internal human trafficking and succeed solve 173 cases and imprisoned 234 traffickers in 20101. Manner also has 808. 075 stateless persons come from Rehiring Clean and about 339. 200 displaced persons. Besides those two problems, there are lot of our citizen flee abroad. These refugees are very vulnerable to become trafficking victim because there are no refugee camps in the destination country. Respond to this case, we have implemented international fundamental framework set by United Nation to combat Human Trafficking, which are Prosecution, Protection, and Prevention.
In prosecution phase, we set several policies by implemented the national laws The Anti-Trafficking in Persons Law 20056. We engage those efforts in association with UNPAID (United Nation Inter-Agency Project on Human Trafficking)7. The decreasing number of human trafficking cases in Manner shows the effectiveness of this program, but the length of punishment for perpetrators of transnational crime is too short, so it does not give chary effect. As one of a UN member, Manner got a responsibility to preserving world peace.
Thus, Manner contributes to this meeting because Manner perceives the impact from human trafficking problem can threaten the human rights of our people. Furthermore, the involvement of Manner in this meeting can gives an overview of human trafficking in Southeast Asia, especially in Manner. We would also like to inform that we are in transition phase to fully democratic and combating human rights abuses. And to achieve that’s we would like to ask for assistance to the member of SEEMS to put a big effort, input, and suggestions to combat human trafficking in our world.
If this meeting did not work as well as we all expected, and there were no significant solution, then this problem will keep growing and becoming a serious problem for us. It would impact to the stability of the world, as well as Manner will get any bigger impact. For example, if all the refugees basic need did not’ fulfilled well, it can caused lot of criminal and harm many people, like terrorism. In the end, the world peace would be threatened. Karma’s 1 – International Frameworks and Domestic Legal Frameworks regarding to the victims of human trafficking.
The core problem of human trafficking in Manner is not the victims or the people to migrate, but more due to internal factors that occurred in Manner itself, such as the military regime hat resulted in many child soldiers, human rights abuses, and economic conditions are unstable. 8 In addition, the lack of employment opportunities in Manner caused many people of Manner who migrated to neighboring countries that in fact have a more stable economy compared to Manner. 9 In these circumstances, which are exploited by traffickers to pull the victim to trafficking.
Based on Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), the victims of human trafficking is should not be imposed with sanction, OTOH in the country of destination or in the country of origin. The victims should be protected and repatriated to the state which that person is a national or which he or she had. As it referred in Article 6, assistance to and protection of victims of human trafficking, every State Party shall have any domestic law to protect the victim’s identity and privacy.
This article also mentioned that every country shall have any domestic law to help the victims to represent their views to against the offenders. Besides, the State Party, which is collaborated with domestic and foreign organizations, shall give recovery program to victims. Appropriate housing, counseling and information about their legal rights, assistance in medical, psychological, and material, and employment, educational and training opportunities are included in this recovery program.
Each State Party also shall ensure that they have any domestic law contains measures that offer victims get the compensations for damage suffered. In addition to expressing necessity of the State Party to give assistance and protection, Article 7 in this protocol also mentioned how the status victims in receiving states. Each State Party shall take any legislative or the other way o ensure the victims of trafficking to remain in its territory and while still consider the humanitarian and compassionate factors.
And in Article 8, still refers to the same protocol, mentioned that how the process of repatriation and how the state which is a victim of trafficking in persons is national should act. The State Party of which a victim of trafficking in persons is a national shall receive the victims even he or she is only a temporary residence, without undue or unreasonable delay. The repatriation also has to pay attention to the safety and security of the victims. And for all the repatriation process which is related to Judicial process shall preferably to voluntarily.
With victim status, then it is very possible if he or she do not have a complete document. And if it’s happened, as the existing protocol, the state which is a victim of trafficking in persons is a national has to complete the document and let the victims re-enter the country 1. On the region level, SEAN establish Sean Declaration Against Trafficking in Person Particularly Women and Children to prevent and to combat trafficking in persons, particularly woman and children. This ramekin does not criminality the victims, it states clearly on the 5th article.
This article states that the victims should be treated humanely and provided such essential medical and other forms of assistance deemed appropriate by the respective receiving country, including prompt repatriation to their respective countries of origin. In addition to the above protocol, the Memorandum of Understanding on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region (COMMIT) also signed by Manner. This Mom clearly cited that every State Parties should ensuring persons that identified as victims are not held in detention by law enforcement authorities.
And it also mentioned that every State Parties shall providing all victims with shelter and appropriate physical, psycho- social, legal, educational, and health-care assistance. Point 26 also revealed that this Mom persuades the destination of countries, including those countries beyond this region, to establish the relevant legal frameworks in their country or reduce the tendency of victims exploitation, considering there are an increasing demand on women and children trafficking. This COMMIT generated some bilateral agreement.
One of them is Memorandum of Understanding between the Government of Kingdom Thailand and The Government of The Union of Manner on Cooperation to Combat Trafficking in Persons, especially Women and Children signed by Thailand and Manner. It was signed in April 24th 2009 in Nay Phi Taw. Article 8 in this MOM also clearly said that the victims of trafficking are considered as victims of the crime, and not the violators. It is clearly stated that the trafficked person is not being criminality.
Accordance with international framework, Manner’s Anti- Trafficking in Person Law 2005, which is the national law of Manner, also decentralized the victims of human trafficking. Many victims of human trafficking from Manner flee to Thailand, China, and Malaysia. Each country has different policies in dealing with victims of human trafficking. For example the Government of Thailand. According to the TIP Report 2011, the Thai government has shown its efforts to identify and protect foreign victims of human trafficking throughout the year, which is Manner’s people is one of them.
The Thai government reported that 381 foreign victims were classified as trafficking victims in Thailand and received government assistance in camps throughout the year. 15 Based on the underlying sues that exist, we are agree with Manner’s law. Because, Anti-Trafficking in Person Law 2005 is consistent with the international framework that already signed by Manner. Most of the international frameworks stated that every victims of trafficking should be protected and should be provided assistance.
Indeed, the purpose of this legal is to deter the suspect, so they will not easily fall into trafficking. The law is quite effective but it would be more effective if the country of Manner improves the system of our country, such as stabilizing the economy, open the employment opportunities, and change the system state to be pro-democracy. If Manner managed these issues properly, it could reduce the amounts of trafficked people from this country. Moreover, condition of economy, social, and politics in Manner would be more stable and would become a promising country for their people.
Karma’s 2 – The Punishments, Protections, and Assistance to the victims of human trafficking Based on Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), the victims of human trafficking should not be imposed with sanction, both in the country of destination or in the country of origin. That means, every State Parties are not allowed to give any penalties to the victims. Moreover, every State Parties shall accommodate the protection and assistance to the victims, such as shelter, health insurance, Juridical assistance, appropriate education, and the other things.
And in addition to Palermo Protocol, Universal Declaration of Human Rights article 4 also stated that “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms”17. Even though not stated explicitly, human trafficking currently categorized as modern slave-trade. And to implementing these protocols, Manner constructed Anti-Trafficking in Person Law 200518. The Anti-Trafficking in Person Law 2005 was formed in the purpose of (1) prevent and suppress the number of victim.
It is Manner’s national duty as it damages the pride and pedigree of Manner nationality and it should be valued and safeguarded by Manner race, (2) to suppress the number of woman, children, and youth victims in human trafficking case, (3) to conduct an effective investigation and to convict the offender of human trafficking and prevent further trafficking in persons by passing effective and deterrent punishment, (4) to liaise and coordinate with international organizations, regional organizations, and INGOT, according to the conventions that have been ratified by Manner, and (5) perform the functions of rescuing, receiving, safeguarding, rehabilitation and reintegration into society of trafficked persons. To prove the seriousness, Manner formed the Five-Year National Plan of Action to Combat Human Trafficking program. This program was established in 2007 and it ends in 201120. This program works quite well and it shows the progress from year to year.
In 2007, the government of Manner identified 303 traffickers and arrested 213 among them. Remained in the same year, the government of Manner also caught 331 victims and rehabilitated 117 people among the victims. And in comparison, in 2009 Manner identified 464 cases and arrested 340 traffickers. As for the victims, from 651 were found, Manner provide rehabilitation only for 285 victims. And in the end of programs, in 2011, Manner successfully arrested 231 traffickers among 351 identified cases. Unfortunately, although the law has been enforced, the human trafficking cases still occurs recently. It is proven by the existing data, until June 2009, Manner still act as origin country for woman, child, youth, and men.
The trafficked people employed as forced labor and sexually exploited. Manner’s women trafficked to Thailand, China, Bangladesh, India, Pakistan, Malaysia, and South Korea to become a housemaid, commercial sex workers, and forced labor. Hereby, Manner, as origin country, already done the right things by did not criminality the victims. Moreover, in the Anti-Trafficking Persons in Law 2005 article 16, government, coordinated with international organizations and MONGO, would rescue and provide assistance to the trafficked people. And need to remember, as the origin country, the existed victims in Manner are the repatriated victims from destination country or the victims who have been rescued.
Nevertheless, in the Achievements of Manner Anti-Trafficking Effort: Numbers-at-a-Glance mentioned that in 2007 until 2011, from 2096 victims (included repatriated victims), there were only 942 victims who got rehabilitated. It means that Manner, as one of origin country, still have abundant tasks to put a big concern and to strive aid and vive assistance to all the trafficked people, especially those who identified. Apart from the compulsory to provide assistance and protection to the victims, The Anti- Trafficking in Persons Law 2005 also stated the law for the traffickers. It is written in Chapter IX article 24 – 33. This law stated that every trafficker will be sentenced according to his crimes. The implementation of this law, slowly but sure, has a significant progress.
Still refers to Achievements of Manner Anti-Trafficking Effort: Numbers-at-a-Glance, over the past five years, from 2164 traffickers, they were already arrested 1495 among them. It shows the seriousness of Manner’s government to combat human trafficking cases. The numbers of trafficked people in Manner is related to the domestic social situation because there are still many unsolved problems. The most highlight issue is a government system, which is used to military based, or well known as military Junta. Besides military Junta, internal conflicts, such as inter-ethnic conflict and religion could threat the national integrity. All of these issues became a trigger for the increasing number of victims and traffickers.
By looking at the situation of the country that does not guarantee them a utter life, they choose to flee abroad for looking a decent life. It is the main concern that the government of Manner should play a significant role to decrease the number of human trafficking. To attain a better Manner, led by President Then Seine, Manner is undergoing a transition from military Junta to democracy. This is proven by the numbers of political prisoners were released and begin to open up enough space for discussion and political activity. This is expected to change the political system, economic, social and cultural rights in the country so that the state an be turned and can guarantee the lives of its citizens.
And in the end, referring to Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Universal Declaration of Human Rights, and Anti Trafficking in Person Law 2005, we assume that the best way could be taken by Manner to the protection of victims is to decentralized the victims and struggling to provide more decent protection, assistance, and training for the victims of human trafficking. Karma’s 3 – Recommendation to Affirm the Rights and Obligations of Refugees Based n Universal Declaration of Human Rights article 13 everyone has the right to freedom of movement and residence within the borders of each nations and everyone has the right to leave any country, including their own country, and return to his country.
This article is intended for refugees who migrate to other countries, and destination countries should respect refugees as these are all set in the Declaration of Human Rights The rights and obligations of refugees are also set in Convention 1951 and Protocol 1967 Relating to the Status of Refugees. Refugee in a country can not be treated arbitrarily. By convention, refugee has rights and obligations as follow. Under article 2 of the convention every refugee is obliged to comply with applicable laws in the countries where they live to create public ordered. The rights of refugees also set in the Convention 1951 and Protocol 1967 Relating to the Status of Refugees such as non-discrimination (article 3 and 4), freedom of association (article 15), right of litigant in courts (article 16), and freedom to choose the are they would settle (article 26). 0 Responding to the international framework contained in the Convention Relating to the Status of Refugees, 1951, we considered hat the international framework has some susceptibility related to the problem of refugee, specifically the article contained in the Convention gives rights to refugees the same rights that citizen of destination country. This will cause more refugees to come and in the end the problem of refugees will harm to destination country. We hope that the result from the convention is may reduce the number of refugees coming into the destination country, not Just to attract refugees to enter the country. Due, the articles listed in the Convention does not provide a lot of convenience to the refugees.
Because as we know, the articles listed in the convention instead facilitate the refugees, for example as stated in Article 22 that every refugee will receive equal treatment with other citizens the right to elementary education. Therefore, every refugee has the right to an exemption from tuition fees is also given as well as the right to earn a scholarship. Therefore, these articles-articles should be modified again in order to decrease the number of refugees and there is no the injured party due to the presence of these refugees. National Law Manner has a policy regarding to the issue of migration that occurred in the entry. This policy is known as the Burma Immigration (Emergency Provisions) Act, 1947. 1 Manner’s Immigration Act prohibits foreigners from entering the country without permission immigration. Under the law, anyone who helps or tries to help person illegally entered Manner will be sanctioned to imprisonment, fined, or both. This action also punish anyone who knowingly gives false information to avoid arrest had illegally entered Manner. In addition, the law provides penalties when somebody get caught falsifying immigration permit or destroy or modify. The penalty is imprisonment up to 12 months. In a deal with the refugee problem in Manner, Manner has a policy to deal with, especially in the case of the Rehiring. Rehiring people problems can be categorized as refugees.
Responding to this, the government of Manner through the Manner Immigration and Population Department issued a policy for the Rehiring in the form of giving a card that serves to grant temporary residence. 32 This card is known as the white card. Therefore, it can be concluded that Manner has made a legal framework that supports refugee protection regime. In the end, the best solution for the Rehiring refugees is the elimination of all forms f discrimination conducted to the Rehiring and the restoration of rights of ethnic Rehiring SEEMS should put a big concern regarding migration issues and SEEMS should also adopt a policy to accommodate the rights and status of refugees, due to the current situation SEEMS has not paid special attention to the issue of migration.
SEEMS has no clear regulation in dealing with migration issues and also SEEMS perhaps this was due to differences in focus between Asia and Europe. On the European side, it struggles to tackle crucial issues such as unemployment and economic growth, immigration, an increasingly graying population and developing a Rene economy. But, on the Asian side, besides economic and environmental topics, there are also political issues such as human rights and democracy. 33 Thus, we propose to SEEMS that SEEMS must create the international framework to protect and accommodate rights and status of refugees, for example like Manner did. In handling with refugee issue, Manner gives the white card useful for grant temporary residence and is also useful to ensure their rights in politics.
From all the explanations above, can conclude that Manner shall ensure the safety and needs of effuses. We also propose to the SEEMS member to build the refugees camp in order to accommodate the refugees, so their rights could be fulfilled. The purpose of refugee camp is to prevent discrimination between refugees and indigenous people of destination country. And also to ease the distribution of aid among the refugees. It would ease the government to facilitate them to fulfilled their basic needs such as water, food, shelter, etc and to repatriate them back to their origin country. While they are staying at the refugee camps, we can employ them as labor.