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SEMINAR-WORKSHOP ON THE

THE RIGHTS OF CHILDREN VICTIMS OF TRAFFICKING

March 20 ­ 24, 2006, Royal Benja Hotel, Bangkok, Thailand

SOUTHEAST ASIAN GUIDELINES FOR THE PROTECTION OF

Asia ACTs Against Child Trafficking In cooperation with Terre des Hommes-Netherlands With the support from Terre des Hommes-Germany and Japan Foundation

Asia Against Child Trafficking (Asia ACTs) is the regional campaign to fight child trafficking in Southeast Asia. Asia ACTs is part of the International Campaign against Child Trafficking (ICaCT) coordinated by Terre des Hommes (TDH)-Germany and the International Federation of Terre des Hommes. In October 2001, TDH launched the International Campaign against Child Trafficking (ICaCT) with the objective of providing better protection for children and to ensure that child traffickers are prosecuted. It urges respective authorities to immediately implement human rights standards for trafficked children by: · · · · · enacting national legislation and ratifying international instruments; creating regional mechanisms for the protection and rehabilitation of children; initiating and implementing bilateral and international cooperation in tracing, repatriating and rehabilitating victims of trafficking; and, implementing preventive measures like poverty alleviation, community awareness campaigns; carrying out national and international police measures to prosecute offenders.

Asia ACTs works by complementing the efforts of other child rights organizations and agencies. It seeks to forge alliances with groups dedicated to protect children. The regional campaign will also encourage and enlist the participation of children and young people in their own protection and development. Asia ACTs believes that children's participation is important for the success of the campaign.

Asia ACTs against Child Trafficking Rm. 322 Philippine Social Science Center Bldg. Commonwealth Avenue, Quezon City, Philippines Telephone: (632)-9290822 Fax:(632)-9290820 E-mail: [email protected] Wesite: www.stopchildtrafficking.info

Book Design by Omna Cadavida-Jalmaani Printed in the Philippines June 2006

SEMINAR-WORKSHOP ON THE

SOUTHEAST ASIAN GUIDELINES for the

PROTECTION OF THE RIGHTS OF CHILDREN VICTIMS OF TRAFFICKING

Executive Summary

The delegates to the Seminar-Workshop on the Southeast Asian Guidelines for the Protection of the Rights of Children Victims of Trafficking, held in Bangkok, Thailand from March 20 to 25, 2006 signed a resolution to adopt the standards promoting the human rights of trafficked children in the region that covers specific guidelines on detection and identification of the child, initial contact, system of referral and coordination, interim care and protection, social case management of trafficked children, access to justice in criminal and civil proceedings, care and protection for social welfare service providers and capacity building of communities and persons working with trafficked children. The activity becomes a venue for government and NGOs alike to share experiences in handling child trafficking cases and expertise on international instruments, regional mechanisms and domestic legislations to draft the regional guidelines and integrating the country guidelines developed in Indonesia, Philippines, Thailand and Vietnam.

Introduction

One of the objectives of the regional campaign against child trafficking since its inception in 2001 is urging the government at least in seven countries in Southeast Asia to immediately implement the human rights standards for the protection of trafficked children. It was found out however that such guidelines were not yet developed at the country level, specifically in Indonesia, Thailand, Vietnam, Lao PDR and Philippines. It becomes imperative then for the campaign partners to spearhead the drafting of the said guidelines in coordination with various networks and agencies to ensure the protection of the rights of trafficked children. Thus, in 2004 with funding support from Asia Partnership for Human Development, Terre des Hommes-Germany

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and UNICEF-Manila, the regional campaign partners met in the Philippines to have an initial discussion on the regional guidelines thus producing the Bohol Document. The said document becomes a main reference material for country-level drafting of the guidelines in the Philippines with the support of UNICEF-Manila; in Thailand and Vietnam with the support of Terre des Hommes-Germany, Terre des HommesNetherlands and ultimately in the drafting of the Southeast Asian Guidelines with funding from Terre des HommesNetherlands, Terre des Hommes-Germany and the Japan Foundation. The Asia ACTs Secretariat with the help of Indonesia ACTs, Philippines Against Child Trafficking, Burma ACTs, Cambodia ACTs, Ho Chi Minh Child Welfare Foundation, Village Focus International and Child Trafficking Watch-Thailand and resource persons from the Inter-Agency Council Against Trafficking in the Philippines and UNICEF-Philippines organized and facilitated the regional seminar-workshop. The drafted regional guidelines will be lobbyed to respective governments for adoption and implementation. This report highlights the discussions held and presented the final Southeast Asian Guidelines for the Protection of the Rights of Children Victims of Trafficking.

The Regional Seminar-Workshop

Opening, welcome remarks, keynote speech and background of the seminarworkshop

Dr. Walter Skrobanek, outgoing Regional Coordinator for Southeast Asia of Terre des Hommes-Germany gave the welcome remarks and share the historical background of the campaign against child trafficking. Mr. Wattana Onpanich Programme Associate of Japan Foundation and Mr. Frans Van Dijk, Regional Coordinator for Southeast Asia of Terre des Hommes-Netherlands delivers the opening remarks and keynote speech, respectively. The speakers commend the Asia ACTs, the partners and the rest of the delegates in coming together to discuss the human rights standards for trafficked children. Amihan Abueva, Asia ACTs coordinator presented a brief background of the work of Asia ACTs from 2001 to 2005 highlighting major activities of the network like the Community Education, December 12 campaign and the country-level SeminarWorkshops on Protecting the Rights of Trafficked Children.

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International and Regional Frameworks and Initiatives

UNICEF Philippines' Child Protection Project Officer, Atty. Anjanette Saguisag, Atty. Robert Larga, State Counsel of the Department of Justice-Philippines and Former Undersecretary of the Department of Social Welfare and Development, Lourdes Balanon presented to the plenary the International and the Regional Framework and Initiatives on antitrafficking. Atty. Saguisag reviewed the pertinent international instruments like the Palermo Protocol and the UN Convention on the Rights of the Child and those that are pertinent to the issue. Atty. Larga and Undersecretary Balanon also shared updates on regional agreements and declarations.

Country situationers and updates

National Presidium of Indonesia ACTs Coordinator, Ms. Emmy Lucy Smith; Campaign Committee Member of Philippines Against Child Trafficking, Mr. Bernardo Mondragon; Program Coordinator and Vietnam Focal Point, Mrs. Huyn Kiem Tien; Child Trafficking Watch-Thailand Coordinator, Mr. Santipong Moonfong and; Aung Myo Min, Focal Point of Burma ACTs presented country situationer, recent development on the on-going campaign, updates on prosecution of cases and also a background on the process they went through in conducting the country-level seminarworkshop in drafting the human rights standards for trafficked children.

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Paper presentations and panel discussions

After a short overview of the topic was given by the resource person for the delegates to level off on the understanding of some definitions or terms, paper presentations and panel discussions were conducted. Those aim not only to have a better understanding of the present situation in each country but to have an additional input on the on-going and available responses given by both government, NGOs and other stakeholders.

were presented to the body for election. The plenary discussions on drafting the regional guidelines are contained in this report.

Draft Regional Guidelines and resolution to adopt the guidelines

It was proposed and agreed by the plenary to form a styling committee to look into the draft regional guidelines. The resolution to adopt the regional guidelines and copy of the final regional guidelines are included in this report.

Workshops

To ensure that the participants would have venue to express their opinions and participate well in the discussions, delegates were divided into small groups to discuss and critique the draft guidelines also named as the Bohol document, specially the section on specific measures. For each workshop group, a facilitator, a documentor and a rapporteur was chosen, primarily from the focal points of the campaign. A pool of resource persons was likewise formed. In these small group discussions, participants have to agree on common practices, trends and procedures based on their existing domestic laws, international instruments, regional initiatives and framework. The rapporteur presents the critique, suggestions/recommendations to the plenary either for further deliberations and critiquing. If necessary, options raised

Actions Plans

Participants drafted a three-year plan (2006 to 2008) both for the country and regional level on the next steps to ensure the implementation of the guidelines

Closing Ceremony

Dr. Dagmar Fuchs-Schmidt of Terre des Hommes-Germany (Head Office), Mrs. Teresita Suselo, Executive Secretary of Asia Partnership for Human Development, Ms. Mireille Binjsdorp of Terre des HommesNetherlands (Hague office) extended messages of support to the campaign. Amihan V. Abueva, Asia ACTs Coordinator gave the closing remarks.

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Table of Contents

1 7 17 21 27 51 83 99

Executive Summary Opening Ceremony and Preliminaries The International Framework The Regional Framework and Initiatives Country Reports Working on the Regional Guidelines Paper Presentations and Panel Discussion Planning The Southeast Asia Guidelines and the Resolution to Adopt the Guidelines Copyright Annexes

105 127 128

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definition of terms

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Part 1

OPENING CEREMONY AND PRELIMINARIES

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Opening Remarks and Preliminaries

Welcome Remarks and Background of the Campaign

Dr. Walter Skrobanek Outgoing Regional Coordinator for Southeast Asia Terre des Hommes-Germany

Dear partners and friends, Advocates for children rights. This event - today in this hotel - is a major climax for the network of partners of Terre des Hommes in Southeast Asia. Today you are joining hands to set common grounds in SEA for the treatment of trafficked children according to principles of children rights and other human rights instruments. It took somehow a long time to reach this point. The idea to start a campaign against trafficking in children was born at the Global Partner Conference of Terre des Hommes Germany in Bonn in 1999. In the following year, 2000, we, the SEA office staff of tdh Germany, during our office meeting in Ko Kong, Cambodia, discussed the possible implications. The UN Convention Against Transnational Organised Crime had just been adopted including the so-called Palermo Protocols. This protocol contains the first UN definition on Human Trafficking, which has been disseminated widely in the meantime. Before, there was no international consensus on the definition of human trafficking, including trafficking of children. When partners of Terre des Hommes decided in Bonn in 1999 to conduct this campaign, child trafficking had not been defined yet. Now, we find the definition attached to the walls in so many offices of partner organisations. In Ko Kong we also discussed, what can be done in an anti trafficking campaign of partners and tdh in SEA. And the invited resource person pointed out, that child rights related NGOs should focus on developing the Minimum Standards for the Treatment of Trafficked Children. The meeting in Ko Kong was in the year 2000 and now we have 2006. Time passes too fast, or we are too slow. It took some time, until tdh Germany was ready to start the campaign. And it took even longer until the HRS became a theme for all of us.

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Opening Remarks and Preliminaries

Terre des Hommes Germany can say: We were the first to start the global campaign against child trafficking and the first to finish it.

It took at least one year to get the campaign off the ground within tdh. Then the Federation of tdh joined. The Campaign was planned for three years. And meanwhile, these 3 years ended already. It ended somewhere at the end of 2004 with a big Conference in Germany. And now we have 2006. Terre des Hommes Germany can say: We were the first to start the global campaign against child trafficking and the first to finish it. Tdh Germany ended the campaign, even before other NGOs had started to conceptualize it. Meanwhile, there are so many organizations, big organizations, involved in strategies to combat trafficking. Some are so big, that we do not dare to compete with them anyway. Most of them have governments as partners. We ­ at Terre des Hommes - can only be content with having civil society organizations as our partners.

Even though year the campaign ended, still the issue of child trafficking did not end for Terre des Hommes Germany in 2004. The three years campaign was implemented by Terre des Hommes Germany directly. Thus, Amihan had been appointed as staff for the campaign of TDH in SEA and she was supported by partners in SEA. Now, the campaign is no longer implemented by TDH- Germany. Meanwhile, it is implemented by you, our partner organisations. I have no reason to distinguish between tdh Germany and tdh Netherlands, as both tdhs in SEA differ too little to make a difference. Now, Terre des Hommes Germany has withdrawn from direct implementation. Partners do not need Terre des Hommes Germany. Partners can do the campaign on their own. Now terre des hommes Germany only supports Asia Acts as network of Terre des Hommes partners. The time of receiving directives from TDH in Germany is over. The Coordination Office of Terre des Hommes Germany in SEA whole-heartedly supports you all in this joint project for the next three years. This project submitted by Amihan and approved by all national focal points received support from many friends, TDH- Netherlands, TDH-Germany and other donors present among us, who are committed to combat child trafficking.

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Opening Remarks and Preliminaries

Now, Terre des hommes Germany ­ having ended its direct involvement in implementing the anti trafficking campaign - is about to decide on another campaign. The new Campaign aims at creating awareness on "Globalisation, Diversity and Children". 1. Partners and terre des hommes Germany will prove that globalization prevents the implementation of children rights, including article 35 of CRC Partners and terre des hommes will fight for diversity and combat standardization. Only respect to diversity of cultures can assure peace. Cultural diversity finds it limits only, where it infringes on Human Rights principles. And the campaign to be started soon cannot avoid stating clearly, that children comprising more than 50 percent of the world, should be the most important actors in the campaign on "Globalisation, Children and Diversity".

you, as this is the most crucial time in my personal life. Within the next week I have to hand over responsibility of the regional coordination office of TDH Germany to my successor, as I will reach 65 in two weeks. My successor is Bert Cacayan, a longtime friend of mine, country coordinator of TDH in the Philippines for more than nine years, coordinator of our capacity building programme in SEA for almost three years and Deputy Regional Coordinator for SEA since 5 months. According to all our staff in the regional coordination office, he is the most appropriate person to succeed me. Time is short to hand over. Please allow me to stay only short, but to wish you very much success in this Human Rights Standards Workshop. When I read in a few more months, that all governments of SEA have recognized the standards, which you will synthesized in these four days, I will be the most happy person. According to my knowledge, no other NGO network in SEA, perhaps even beyond, has made Human Rights Standards for Trafficked Children a major campaign issue. I wish you much success in this important effort. Thank you very much.

2.

3.

Without their participation, globalization cannot be contained, biodiversity cannot be protected and respect to different cultures as precondition to peace - cannot flourish. I have one final point to bring to your attention. In a short while I have to leave

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Opening Remarks and Preliminaries

Keynote Speech

Mr. Frans Van Dijk Regional Coordinator for Southeast Asia Terre des Hommes-Netherlands

Welcome to the 63 participants from 7 partner countries where Tdh is supporting directly activities on trafficking, plus 3 guest countries (Nepal, Bangladesh and Japan). We also welcome Atty. Larga of the Department of Justice of the Philippines and Mrs. Lourdes Balanon a Former Undersecretary of the Deparment of Social Welfare and Development from the Philippines, who used to call herself now a NGI (Non Government Individual). We also welcome the UNICEF representative. Thank you all for coming her and giving our precious time to address one of the worst crimes against children: trafficking. You are all experts and have a lot of knowledge hence know how serious this crime still is nowadays in our societies. Despite increased efforts of various organizations, institutions and governments, this crime is continuing and still on the increase. We are more and more dealing with organized criminal organization. Recently I was very shocked about the case of NURNA, a 13 year old girl who is sexually exploited in a brothel on the island of Batam (a small Indonesian island just south of Singapore). Of course I was shocked when I learned about NURNA's case, the hardship she experienced and her living conditions, but I was really saddened when interviewing her father (who lived far away on the island of Java). He did not see anything wrong in having sold his daughter to a brothel. He argued that she brings in good money every month and that his daughter must be happy to be able to do something for the family. Later on we discovered that in that small village where the father lives many families sell their underage daughters. It turned out to

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Opening Remarks and Preliminaries

be a common practice which most people in that community considered nothing wrong with. I just tell you this to demonstrate how deep this injustice against children is rooted into society, to a degree that there is somehow acceptance.... We should never allow that to happen. We will learn more about the complicated problems of trafficking later during this workshop when representatives of various countries will report to us what is going on in their respective countries. Our experience of the past years is that protection of child victims is also a serious problem. Often there is no protection at all and are victims treated as criminals. The way child victims are sometimes interrogated by police, questioned by lawyers, their privacy not protected, exposed by media is very humiliating for the child and adds to the traumas the child is already experiencing. Mostly there is no difference made between treatment of child or adult victims. They are treated in the same way although their needs are very different. Trafficking of children is a cross-border crime but various countries have different approaches toward the treatment of victims. Rescuing of children, the process of integration into their families/society, their repatriation to their country of origin these all need to be better regulated. The Southeast Asia network is already aware of this for quite some time. Previous workshops have been conducted in the past. For instance the so called "Bohol workshop" held in 2004 with representatives from various countries such as Indonesia, Philippines, Thailand, Cambodia, Indonesia, Burma and Japan proposed already a document on principles to promote the rights of child victims of trafficking. In Indonesia in 2005, in Thailand and recently in Vietnam workshop on the protection of children have been conducted. What I like about this workshop is that, we are with a group of people who have gained so much experience with directly working with child victims of trafficking. The ultimate outcomes are based on lengthy

Trafficking of children is a cross-border crime but various countries have different approaches toward the treatment of victims. Rescuing of children, the process of integration into their families/society, their repatriation to their country of origin these all need to be better regulated.

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Opening Remarks and Preliminaries

discussions with NGOs who work directly with the grassroots. The process has been a "bottom up" approach from the very beginning. The purpose of this workshop is to bring these in-country results at a higher level and to integrate them into Guidelines for the Protection of Children Victims of Trafficking for the whole of Southeast Asia. Our main "workplace" is Southeast Asia and we will be happy if we can achieve this for "our region" but of course with the hope even that these guidelines might also inspire other countries in Asia to do the same. So our first goal of this workshop is to come up with: A DRAFT ON MINIMUM STANDARDS FOR THE PROTECTION OF CHILD VICTIMS OF TRAFFICKING. These guidelines of course should be based on international human and child rights instruments such as: UN convention on the Rights of the Child, Protocol to Prevent, Suppress and Punish Trafficking in Persons and the UN High Commissioner for Human Rights Principles and Guidelines on Human Rights and Trafficking. But developing guidelines is one, but to have them accepted, respected and implemented is another... probably even a more difficult task. I hope that this workshop will also come up with a strategy on how to promote our guidelines and to lobby for their acceptance and implementation. This is the second goals of this workshop. I have been talking all the time about victims of trafficking. But I also want to ask the attention of the participants during this workshop for so called "high risk children"--children who are not yet victims and as such are often missed out by our activities but who might soon turn into victims. I realize that this issue is somewhat outside the scope of this workshop, nevertheless I mention it as it was brought to my attention by various partner organizations recently. I want to thank Reggie, Joy and Amihan for organizing this workshop. And I want to thank the Japan Foundation and Terre des Hommes - Germany of their generous support. I wish you all a fruitful, successful and pleasant workshop which will ultimately contribute towards a better protection of those children who have suffered a lot because of the hideous crimes their experienced. Thank you for your attention.

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Opening Remarks and Preliminaries

Highlights of Asia ACTS work and the Human Rights Standards

Amihan Abueva Asia ACTs Coordinator

Asia ACTS commenced in July 2001. Now, it is approaching its 5th year anniversary. In Southeast Asia, Asia ACTs works in Vietnam, Cambodia, Laos, Thailand, Burma, Indonesia and the Philippines. The campaign is coordinated by the International Campaign Against Child Trafficking (ICaCT) which is working in more than 20 countries. One of the goals of the campaign is to expand and consolidate the community education campaign which aims to sensitize community groups, NGOs, local governments to the problem of child trafficking, address gaps in legislation and need for services and intervention to prevent and protect children from being trafficked. As of March 2006, more than 4000 villages have been reached out of 10,000 villages being aimed by the campaign. In line with its objective of urging the respective authorities to immediately implement the human rights standards for trafficked children, the campaign held a seminar on HRS on its 4th Regional Meeting in Bohol last August 2004. The resulting document has become the main working paper for the partners to initiate country level discussion on protecting the rights of children victims of trafficking. The National Workshop in Indonesia was held in April 2005, wherein the process of developing the local referral system was likewise discussed. The National Seminar Workshop held in the Philippines in August 2005 was conducted in cooperation with the Inter-Agency Council Against Trafficking (IACAT). This is the council mandated to monitor the Anti-Trafficking in Person Act. The Thailand Seminar was held in November 2005 participated in by 25 NGOs

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Opening Remarks and Preliminaries

from Northern Thailand and 3 NGOs from Bangkok. Thailand is in the process of revising its national legislation. Hopefully, the guidelines will help in the revision of its national law on Anti-Trafficking. The Vietnam Seminar was held just this March, 2006 participated in by NGO groups in Vietnam based in Ho Chi Minh City together with government representatives. The workshop in Cambodia was supposed to be organized before this regional workshop but the attention in Cambodia was focused on developing the guidelines for Alternative Care for Children. It is hoped that this will be held after this Regional SeminarWorkshop. Last year marks the third year of annual commemoration of the Day Against Trafficking held every December 12. For 2005, the theme was "Building Communities towards a Good Life for our Children". When this annual campaign was first held in 2003, 15 different events were simultaneously organized by the campaign partners. But as the campaign continues more events were conducted. There are 39 events in 2004 and last year 73 events were conducted in the region. Also last year, the emphasis was placed on local events rather than big national events. It is also worth mentioning that Indonesia, Philippines, Cambodia, Thailand and Vietnam were able to conduct activities on Inter-faith cooperation against child trafficking and children and youth participation. The countries also continued to do activities aimed at Strengthening the Child Protection Network. Cambodia ACTs focuses on "Building the Village Safety Net Programs". Child Trafficking Watch Thailand came up with "Pilot Villages and Model Villages. The Philippines Against Child Trafficking (Phil ACTs) advocates for child protection system from barangay (village) to the national level. Indonesia ACTs is strengthening the local referral system. In November 2005, through the support of Terre des Hommes-Netherlands, a regional evaluation of the campaign was conducted.

When this annual campaign was first held in 2003, 15 different events were simultaneously organized by the campaign partners. But as the campaign continues more events were conducted. There are 39 events in 2004 and last year 73 events were conducted in the region.

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PART 2

THE INTERNATIONAL FRAMEWORK

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International Framework

The International Framework

Atty. Anjanette Saguisag Project Officer, UNICEF-Philippines

Trafficking in persons is a human rights issue that cuts across political boundaries affecting mostly women & children. It is brought about by a multitude of factors (political, economic, social, cultural and personal). It needs a comprehensive response at all levels and sectors of society. Most original documents are related to trafficking of women for sexual exploitation (rather than children). International instruments like the UN Charter, International Bill of Rights (Universal Declaration of Human Rights, International Covenant for Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights), Convention Against Torture and Other Cruel or Degrading Treatment and Punishment, The Declaration on the Elimination Violence Against Women, The

Convention on the Elimination of Discrimination Against Women, The UN Convention on the Rights of the Child and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, ILO Convention 182 on the Worst Forms of Child Labor, the Stockholm Declaration and Agenda for Action Against Commercial Sexual Exploitation of Children, The Yokohama Global Commitment, UN Convention Against Transnational Organized Crime, The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Palermo Protocol), UN High Commissioner for Human Rights Principles and Guidelines on Human Rights and Trafficking. The Palermo Protocol discussed about the protection of victims of trafficking in

Trafficking in persons is a human rights issue that cuts across political boundaries affecting mostly women & children.

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International Framework

persons. Article 6 is about the assistance to and protection of victims of trafficking in persons. Article 7 is on the status of victims of trafficking in persons in receiving States and Article 8 is on repatriation of victims of trafficking in persons. The Recommended Guidelines on Human Trafficking reflects the primacy of human rights, preventing trafficking, protection and assistance (guideline 6), criminalization, punishment and redress. The Protection and Support for Trafficked Person is articulated in Guideline 6 of the Protocol. It includes provision on safe and adequate shelter, access to primary health care and counseling, access to diplomatic/ consular representatives, protection during legal proceedings, legal and other assistance, protection from harm, threats or intimidation by traffickers and associated person, safe and voluntary return and support services upon return. The following were specifically provided by the Palermo Protocol under this guideline: 1. Safe and adequate shelter should not be made contingent on the willingness of the victim to give evidence in criminal proceedings. Victims should not be held in detention centers or facilities. Trafficked person should not be required to accept access to primary health care and counseling.

The Recommended Guidelines on Human Trafficking reflects the primacy of human rights, preventing trafficking, protection and assistance (guideline 6), criminalization, punishment and redress.

4. Trafficked persons should not be subjected to mandatory testing for diseases including HIV/AIDS Trafficked persons should be informed of their right of access to diplomatic and consular representatives from their State of nationality Staff working in embassies and consulates should be provided with appropriate training in responding to request for information and assistance from trafficked persons Protection during legal proceedings should not be prejudicial to the rights, dignity, physical or psychological well-being of the trafficked persons provide legal and other assistance in relation to any criminal, civil or other actions against traffickers/exploiters

5.

6.

7.

2. 3.

8.

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International Framework

9.

Victims should be provided with information in a language that they understand.

2.

procedures for rapid identification of child trafficking victims should be in place trafficked children should not be subjected to criminal procedures or sanctions for offences related to their situation as trafficked persons take steps to identify and locate family members. Following a risk assessment and consultation with the child, measures to facilitate the reunion, if it is in the child's best interest. If not in the child's best interest, establish adequate care arrangement. ensure the trafficked child who is capable of forming his or her opinion enjoys the right to express views freely, especially regarding return to the family.

10. Victims should be protected from harm, threats or intimidation by traffickers and associated persons: o o o No public disclosure of the identity of trafficking victims Privacy should be respected and protected Victims should be given fair warning, in advance, of the difficulties inherent in protecting identities and should not be given false or unrealistic expectations

3.

4.

5.

11. Ensure the safe and voluntary return of trafficked person and explore the options of residency in the country of destinations or 3rd country resettlement in specific circumstances 12. Ensure that trafficked persons who do return to their origin are provided with assistance and support necessary to ensure well-being, facilitate their social integration and prevent retrafficking. Guideline 8 is on Special Measures for the Protection and Support of Child Victims of Trafficking: 1. evidence of deception, force, coercion, etc. should not form part of the definition of trafficking of children

From here we can see that there are still much challenges ahead of us. There is a need for national legislation as a basis for improving prevention, protection, recovery and healing programs to address trafficking in persons. There is a continuing need for international and regional cooperation. There is also a need to address the root causes of trafficking in persons, especially women and children. Thus, improving the standards of care and protection for victims/survivors of trafficking in persons, especially women and children is urgent!

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PART 3

THE REGIONAL FRAMEWORK AND INITIATIVES

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Regional Framework and Initiatives

The Regional Instruments

Undersecretary Lourdes Balanon Philippines

Bali, Indonesia and the Vientianne Action Plan, the successor of the Hanoi Plan of Action. The ASEAN Socio-cultural Community Plan of Action includes building a community of caring societies to address issues of poverty, equity and human development and the promotion of the welfare of children by safeguarding their rights, ensuring their survival and full development and protecting them from abuse, neglect and violence. The ASEAN Plan of Action for Children was drafted in December 3, 1993. The Declaration on the Commitments for Children in ASEAN was signed in August 2, 2001 to promote regional cooperation for the survival, development, protection and participation of the ASEAN child; to promote the holistic development of children to enable and equip them for the achievement of their full potential and shall contribute to a future of prosperity and progress in ASEAN and; protect children from all forms of violence, abuse, neglect, trafficking and exploitation while at home, in school and in the community. The ASEAN declaration against trafficking in persons particularly women and children is a comprehensive regional approach to prevent and combat trafficking in persons-- to have a continuing dialogue, information exchange and establishment of regional network. It also identified the need to strengthen legislative, law enforcement and

There are three pillars in the ASEAN Community: the political and security cooperation, the economic cooperation and the socio-cultural cooperation. There are two very significant declarations for the protection of children: The Bali Concord II which was signed during the 9th summit of ASEAN Leaders held in October 2003 in

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Regional Framework and Initiatives

judicial responses to ensure deterrent action taken against individuals and groups involved in trafficking in persons. To quote part of the declaration, "It is imperative to distinguish victims of trafficking in persons from the perpetrators and identify the countries of origin and nationalities of such victims and thereafter ensure that such victims are treated humanely and provided with such medical and other forms of assistance deemed appropriate by the receiving/recipient country including prompt repatriation to their respective countries of origin." Article 5 of the ASEAN Tourism Agreement states that countries should take stern measures to prevent tourism-related abuse and exploitation of people particularly women and children. Paragraph 12 of the ASEAN Declaration on HIV/AIDS states that "gender equality and the empowerment of women are fundamental elements in the reduction of the vulnerability of women and girls to HIV/AIDS and the youth are especially vulnerable to the spread of the pandemic and count for over 50% of new infections." The ASEAN Declaration on the elimination of violence against women says that VAW both violates and impairs their human rights and fundamental freedoms, limits their access to and control of resources and activities, and impedes the full development

The ASEAN declaration against trafficking in persons particularly women and children is a comprehensive regional approach to prevent and combat trafficking in persons--to have a continuing dialogue, information exchange and establishment of regional network.

of their potentials. VAW includes trafficking of women and children. To share with you some updates, the ASEAN Senior Officials on Social Welfare and Development had their meeting in November 2005. The agreement then is to use the draft guidelines as reference in the development of national guidelines. The challenge then is to advocate with national Social Welfare and Development and Transnational Crime Senior Officials/focal persons for the adoption at the regional level.

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Regional Framework and Initiatives

Regional and Sub-regional Processes and Initiatives

Atty. Robert Larga Senior State Counsel Department of Justice-Philippines

There are numbers of regional processes and initiatives in response to the issue of trafficking. In the ASEAN, there is Hanoi Plan of Action of 1998 wherein ASEAN members are urged to actively pursue efforts to implement policies and initiatives both at national and regional levels to fight growing trends in trafficking of women in children. The Declaration on the Commitments for Children in ASEAN that was signed in Singapore on August 2, 2001 by the ASEAN Ministers for Social Welfare, declared commitment for the protection of children from all forms of violence, abuse, neglect, trafficking and exploitation among others. The Declaration of ASEAN Concord II in Bali last October 7, 2003 mandate ASEAN Security Community to fully utilize the existing institutions and mechanisms within ASEAN with a view to strengthen the national and regional capacities to counter trafficking in persons among others. In the ASEAN Declaration Against Trafficking in

Persons Particularly Women and Children signed in Laos in November 2004, the ASEAN heads of States declared to undertake concerted efforts to effectively address trafficking in persons by establishing national and regional mechanisms and adopting measures to protect women and children from trafficking. There is also the ASEAN Ministerial meeting on Transnational Crime, the Senior Officials Meeting on Transnational Crime and National Focal Points on Trafficking in Persons wherein an ASEAN Plan of Action to Combat Transnational Crime was drafted in Malaysia in May 2002 and trafficking in persons was identified as one of the components. The joint ASEAN/Asia Regional Cooperation to Prevent Trafficking complements the work of the Senior Officials Meeting on Transnational Crime particularly in strengthening the criminal justice system. Another regional process is the Bali Ministerial Process wherein it was deemed necessary the establishment of two Ad Hoc

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Regional Framework and Initiatives

Experts Group on Public Awareness and Information Exchange and Policy Legislation and Law Enforcement Issues and also the conduct of various workshops on public awareness, legislation and the developing of national plan of action. There are three significant East Asia and the Pacific Regional Consultations on Children. The 5th EAP in Beijing in May 2001 adopted the Beijing Declaration on Commitments for Children in East Asia and the Pacific (20012010). The EAP Regional Consultation for the Second World Congress on Commercial Sexual exploitation of Children held in Bangkok in May 2001, reviewed the regional progress in implementing the Stockholm Agenda for Action and on sharing "good practices" in the areas of prevention, protection, recovery and reintegration, child participation and coordination and cooperation. The 7th EAP

Ministerial Consultation held in Siem Reap in March 2005 adopted the Siem ReapAngkor Declaration on Children, expressing concern over the widening disparities that contribute to the vulnerability of children to trafficking and the exploitation and taking action thereon through policies and measures that give priority to children. There is also a Coordinated Mekong Ministerial Initiative Against Trafficking (COMMIT). This is a process among six governments in the Greater Mekong Subregion (Cambodia, China, Lao PDR, Myanmar, Thailand and Vietnam). COMMIT seeks to strengthen regional multi-sectoral response to trafficking in Greater Mekong Sub-region through high level policy dialogue, strong local ownership and targeted regional focus. A Memorandum of Understanding was adopted and signed to combat trafficking through taking action in the areas of policy and cooperation, legal frameworks, law enforcement and justice, protection, recovery and reintegration and prevention. Other processes and frameworks are the Asia-Europe Meeting (ASEM), the Asian Regional Initiative Against Trafficking in Women and Children (ARIAT) held in Manila last March 2000, the Asia Pacific Consultation (APC) on Refugees, Displaced Persons and Migrants, Manila Process and Bilateral Agreements and MOUs.

COMMIT seeks to strengthen regional multisectoral response to trafficking in Greater Mekong Sub-region through high level policy dialogue, strong local ownership and targeted regional focus.

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Regional Framework Regional Framework and Initiatives

Annex One

Open Forum

Question: Answer: Are there any compulsory monitoring systems amongst ASEAN members in relation to what extent they comply with declarations? Monitoring is done through Senior Official Meetings and Ministerial Meetings. There is no formal monitoring body. Declarations must have Plan of Action. Plan of Action should be monitored in different countries. Senior officials in different countries were also `Children's Desk Officers' in each country. However this didn't work well because the higher level was not aware of what was going on. Much depends on the Senior Official in the individual countries to ensure Plans of Action are implemented. Senior Officials meet every year. Ministers meet every three years. Work is done by Senior Officials and therefore monitoring should also be done by Senior Officials. NGOs need to remind Senior Officials of commitments. There are declarations in relation to repatriation. Are there any provisions relating to nationality of children? Final report has been released and considers Thailand, Indonesia, Myanmar and Malaysia ­ problem with stateless children. The research was preliminary. The findings indicate that there are children that have no nationality because they are undocumented and not registered. These children cannot enjoy the right to education. They are in the streets. They also cannot access other social services.

Question: Answer:

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PART 4

COUNTRY REPORTS

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Country Reports

Child Trafficking in Indonesia and the Existing Responses and Interventions

Ms. Emmy Lucy Smith Coordinator, National PresidiumIndonesia ACTs

Indonesia ACTs is composed of twelve organizations: KKSP is based in Medan, YMKK is in Batam, LBH APIK in Pontianak, YKB and Yayasan Jurnal Perempuan are both based in Jakarta, Rifka Annisa RTC and Yayasan Samin in Jogjakarta, Yayasan Setara and LRCKJHAM in Semarang, SARI and Yayasan KAKAK in Surakarta and KPI Jatim in Surabaya. Indonesia is known as a sending country for trafficking in persons in international community. Based on various studies, it is suspected that there are several provinces in Indonesia that mainly serve as sending areas, but there are several districts/cities in the provinces also known as receiving areas or transit areas. In addition to its status as a sending country, recently there were indications that Indonesia may also be a receiving and/or transit country for international trafficking in persons.

Law and law enforcement

The reinforcement of the commitment made by the government of the republic of Indonesia for the elimination of trafficking in persons is reflected in Presidential Decree No. 88/2002 on the National Plan of Action for the Elimination of Trafficking of Women and Children and the submission of Bill on the Elimination of the Crime of Trafficking in Persons to RI House of Representative in order to be passed as a law. In the 2005-2009 National Legislation Program, the Bill sits at number 22, out of 55 priority bills to be deliberated in 2005. Prosecution against traffickers has been intensified by capacity building of law enforcers and greater cooperation with other stakeholders and law enforcers from friendly countries.

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More NGOs and community organizations have set up women's crisis centers, drop-in centers or shelters. There are now 23 units of such shelters scattered in 15 provinces.

The National Police of the RI have could process 23 of 43 cases uncovered. During 2004 to March 2005, 53 defendants received the following verdicts from the Court. Some where found guilty. Others were sentenced for between 6 months to 13 years in prison.

More NGOs and community organizations have set up women's crisis centers, drop-in centers or shelters. There are now 23 units of such shelters scattered in 15 provinces. The number of legal aid organizations and NGOs, whose work include providing legal aid to trafficking victims is also increasing.

Activities of Indonesia ACTs from January 2005 up to March 2006

From January to present, Indonesia ACTs conduct several activities like consultative meetings to develop referral system and Human Rights Standards, Training of Trainers on Community Education on AntiChild Trafficking, community education, quarterly meetings, emergency victims support, monitoring and evaluation and brainstorming on inputs for the draft law on anti-human trafficking. TOT on Anti-Child Trafficking was conducted in 9 provinces of Indonesia: West Kalimantan, Surabaya, Yogyakarta, Surakarta, Semarang, Medan, Indramayu, Jakarta and Batam, with 219 participants from the original target of 160 participants. These involved 43 children and 176 adults. Adult participants are varied from university student (4), teacher (56), cooperative organizations (5 persons), mass organizations (19 persons), health officer (16) and other participants from various background of profession such as farmers and traders. Children participants are senior high school students and survivors of trafficking.

Protection from trafficking victims

Increased protection for trafficking victim has been provided by better accessibility to services through the establishment of Integrated Services Centers at General Hospitals administered by the Central, Provincial and District/City Government and the at National Police Hospital and Police Hospitals in other areas. The number of Police Special Assistance Units managed by policewomen is increasing, now there are 226 units scattered at 26 provincial police stations and more will be set up in other provincial police stations and resorts (district/city) police station nationwide.

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The Community Education from January 2005 to January 2006 covers 280 communities from across 9 areas (Batam, Medan, Jakarta, Indramayu, Semarang, Yogyakarta, Solo, East Java and West Kailimantan). About 5,698 participants -- students, PKK and religious communities. These were conducted under the coordination of 12 organizations who are members of Indonesia ACTs. The Consultative Meeting to Develop the Referral System and Human Rights Standards held in March 28 to April 1, 2005 involved 38 participants from various stakeholders: 7 persons from government particularly from Women's Empowerment Office, State Social Agency and Bureau of Social Welfare; 6 persons from Indonesia National Police; 1 teacher of Junior High School in Indramayu, West Java; 5 persons who are law practitioners, 3 from independent institutions, 1 doctor from Integrated Crisis Center-Cipto Mangun Kusumo Hospital in Jakarta; 12 representatives of Indonesia ACTs and 3 observers. The Human Rights Standards for Trafficked Children could help enriched the National Law and other related policies like the guardian policy. The quarterly meetings were conducted 21 times by YMKK, KKSP, YJP, Setara and KJHAM, SARI and KAKAK, Samin, Rifka and KPI through the cooperation between the Indonesia Women's Coalition or KPI and

the provincial government of East Java. The Indonesia Women's Coalition made use of the government forum (Committee of Children and Women of East Java) to introduce the trafficking issue. The involved participants came from mass media, 4 regency branches of KPI, academic circle, other local NGOs, Integrated Crisis Center, Immigration Office of East Java, Child Protection Institution, State Social Agency State Manpower Agency, Department of Religion, provincial development institution, Society Empowerment Institution and Provincial Police Department. Emergency Support was extended by Indonesia ACTs to 14 victims referred by YMKK Batam and LBH APIK in West Kalimantan. Accommodation and food for 7 days and transportation for repatriation of the victims, were likewise extended. The December Campaign was held in 9 areas: Batam, Jakarta and Indramayu, Surakarta, Seminarang, Jogjakarta, East Java, Pontianak and Kalimantan. The activities conducted are interfaith dialogue, semnar, talk show in radio, stage show, posters and brochure dissemination and public hearing. It was attended by religious organizations and leaders; communities, mass organizations, artidsts, students, NGOs, academics, trafficking survivors, children, parents, etc.

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A Brief Situationer of Trafficking in Persons and the Development of Human Rights Standards in the Philippines

Bernardo Mondragon Campaign Committee Member. Philippines Against Child Trafficking

continuous coordination with NGOs and government from the grassroots to the national level. When the HRS was planned with the IACAT, it was agreed that people with direct experience in handling child trafficking cases, government agencies and local legislators, be invited. The starting point for drafting the Philippine guidelines is to review relevant international instruments like the Palermo Protocol, the UNICEF Guidelines for Southeastern Europe and the Bohol Document drafted by the Regional partners in 2004. The final draft of the Philippine Guidelines was then submitted to IACAT for its comments and approval. The main difference of the Philippine Guidelines with that of the other HRS guidelines is the provision of support services to service providers. It is projected to popularize the draft Philippine guidelines alongside with the Anti-Trafficking in Persons Act of 2003.

The formation of the Inter-Agency Council against Trafficking (IACAT) is by virtue of the Anti-Trafficking in Persons Act of 2003, also known as Republic ACT 9208. IACAT provides for 3 representatives from NGOs ­ one for children, one for women and one for Overseas Filipino Workers. Amihan Abueva has been appointed as representative for child focused NGOs in this Council. A lobbying for local ordinance at the municipal, city and provincial levels are conducted to localize the law. The continuing community education reached out over 25% of the 79 provinces all over the country. As of January 2006, 7 convictions under RA9208 are reported by the IACAT. The development of the human rights standards for trafficked children in the Philippines underwent a process: training of service providers at the local level, and

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Child Trafficking in Thailand

Santiphong Moonfong Project Director Development Center for Children and Community Network Coordinator, Child Trafficking Watch-Thailand Focal Point for Thailand

The Child Trafficking Watch - Thailand has developed a database system piloted in 1,000 pilot communities with 50 model communities in seven provinces. This project is called Civilians and Prevention of Human Trafficking at Grassroots Level. There is also a capacity building of community leaders and NGO staff for community watch. When we started to work, most people didn't know what trafficking was and couldn't differentiate between trafficking and migration but now they have better understanding about the issues. There are community leaders in every province in Northern Thailand. Two years ago, a Memorandum of Understanding was signed between NGOs and government. According to the MOU, every province has to have a center for the victims. Also, community leaders act as part

of the committee for the center. However power is still with government. We have also created a curriculum to train the people at grass roots level called `Community, Young People and Women'. It is applicable for leaders to teach local communities. This enables leaders to train in the local dialect. Currently, there are trainers for every group. We also make use of international conventions and MOUs as basis for work because in the past, Thailand still didn't have a trafficking law so people working in this field have to use other laws related to the issues. There is also an advocacy campaign with Asia ACTS for example in Chiang Mai. Two years ago there was a campaign using alternative media to educate people and last year it was

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This is the first time Thailand has really addressed this issue. Many people are paying attention. We will be using different strategies every year. Next year, we plan to be involved more with the grassroots level.

theater advocacy. This is the first time Thailand has really addressed this issue. Many people are paying attention. We will be using different strategies every year. Next year, we plan to be involved more with grassroots level. We also organized workshop on Human Rights Standards for the Treatment of Trafficked Children in November, 2005. A trafficking law is being drafted and we are trying to incorporate the drafted guidelines in this. We organized a seminar in Chang Mai, attended by people from different professions. The UNICEF guidelines, Bohol document and the draft of Thai trafficking law were used as references. Currently, the parliament has been dissolved so there's a need to wait for election before

the law can be progressed. We hope that the new government will understand the situation. We are also promoting national cooperation with network members, following up our work and evaluated by outside groups. The campaign activities have been supported by Terre des Hommes-Netherlands and Terre des Hommes-Germany. Some other activities have been supported by Asia ACTs like the HRS workshop. The Action Plan of Child Trafficking WatchThailand for 2006 to 2008: o o o o o o Study model community and promote and monitor pilot communities Training in capacity building for children's groups Monitoring human trafficking legal instrument Monitoring and evaluation Campaign & dissemination Coordination, networking at national and regional levels

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The Guidelines for the Protection of the Rights of Children Victims of Trafficking in Ho Chi Minh City, South of Vietnam

Huyn Kiem Tien, Focal Point for Vietnam Programme Officer Ho Chi Minh City Child Welfare Foundation

Vietnam conducted its Seminar-Workshop on Guidelines for Protection of the Rights of Children Victims of Trafficking was conducted this March, 2005. We would like to share with you the process we went through and the results of the activity we conducted. We have invited participants from International NGOs, government organizations and also national NGOs. Each

group discussed particular themes or topics of the specific guidelines. The International NGOs focus on case identification, appointment of a guardian and questioning, interviews and initial action. The GOs discussed referral and coordination/ cooperation, interim care and protection and regularization of status. The National NGOs brainstormed on individual cases assessment and identification of a durable solution, access to justice and victim/witness security and protection. Guide questions were provided to each group and after the discussion, answers to the guide questions were presented. In the end, the seminar-workshop participants came up with a petition.

Action plan to protect women and children in Ho Chi Minh City against Trafficking. · Warning and alerting the whole

society, appropriate authorities, schools, families and people (women and children) to the risk of being

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trafficked because women and child trafficking activities of the traffickers have increased and varied in forms of disguise, and their activities are sophisticated in order to evade the law and collude with oversea criminals.

·

Implementing the motto "Prevention is better than cure", dealing with every roots of evils by means of strengthening economic development, job placement, paying more attention to the life of migrants and people in clearance areas and helping them to be settled, eliminating hunger and reducing poverty, aiding them to have access to public health and education services in the area. Building the cultural life in resident areas by both encouraging the good side and eliminating the bad side; opposing the life of work-shy and self-indulgence; inspecting, supervising, and wiping out the disguised entertainment places, bars or clubs (dim coffee shops), and building healthy entertainment units/ centers: sports clubs, table tennis clubs, reading coffee shops; building the civilized lifestyle in every family and ward. Strengthening the task of mass media and community education; broadcasting the law against drugs and prostitution, and the law against women and child trafficking in press,

·

on radio and television or by any means and in any forms; Disseminating the addresses of guidance and consulting centers, urgent help centers, vocational training centers, and criminal denouncement centers; Attaching special importance to the role of the press in the fields of arts, stage, and school on the ideological front in order to fight, to drive back, and to disclose the deceitful tricks of the traffickers, and help to differentiate between good and evil, and distinguish truth from falsehood; Presenting new concepts of national and international laws on protection of women and children, opposing old-fashioned viewpoints, abolishing feudal customs (permitting parents to sell their children, sell oneself to show gratitude to parents, or discrimination against women). Concrete recommendations and suggestions 1. The State and Government should reinforce and fully work out the legal system, and increase heavier levels of punishment for the trafficker, organised criminals, and organisers of international sex tours; strictly discipline government organisations or authorities if they abet, cover up, or establish Building an interdisciplinary mechanism of operating within the city (on the spirits Decision 130/2004/

·

2.

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QD ­TTg and the Resolution adopted by the Sixth Party Congress of the City on the implementation of the 3reduction programme), which include the Ministry of Labour, War Invalids, and Social Welfare, Ministry of Public Security, Border guards, the Ministry of Culture and Information, the Fatherland Front, Committee for Population, Children and Families. The interdisciplinary mechanism need to have a board to co-ordinate operations and assign tasks for each unit, and organise periodic meetings. The motto to act is that the State and people to work together and mobilize the potential of the community, especially the potential of the members of the Fatherland Front those who are prestigious and fervent (veterans organisations, organisations of the elderly) and also thesocial and charity organizations in the area. 3. Set up a firm network of social workers in communes, wards, and towns in order to carry out the tasks and missions assigned from the steering committee of the programme of building healthy communes, wards, and to towns. These social workers have to be professionalized, and equipped with specialized knowledge. They should also have skills of

communication, counseling, and investigating. Their tasks are to monitor, deal with, and assist victims; they are expected to organise the steps of recognizing, rescuing, rehabilitating, and integrating the victims into their families or integrating them into the community. Social workers should have a salary, an allowance, and a working environment. They also need to hold a title for their job and their job title should be protected by the law. 4. The Government should permit and create good conditions for the exchanging and campaigning for cooperation with INGOs and UN organizations in order for us to access sources in the world in the field of social work and information about oversea activities of trafficking in women and children; to have professional staff in social work, and to find financial funds to carry out the protection against trafficking in women and children; and to protect and care for women and children.

We would like to thank Asia ACTs to enable Vietnam to be able to form an action plan for the country.

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Child Traffickig in Cambodia

Chea Pyden Executive Director- Vulnerable Children Assistance Organization Focal Point, Cambodia ACTs

Cambodia ACTs has 12 member NGOs working in 9 provinces of the country, implementing programs on Community Education at the District and Provincial Level, Referral System, Law Enforcement and December 12 Campaign. In Community Education, 44 workshops were conducted in year 1 with 2,292 child participants and 1,806 adult participants in 625 villages in the community. Around 107 follow-up meetings were held. Eighteen (18) children victims of trafficking have been supported by Cambodia ACTs for the alternative care and life skills training. Last December 12, 2005 in connection with the December Campaign with the theme: Building Communities Towards a Good Life for the Children, six NGO partners cooperated conducting simultaneous activities in six different places, participated in by approximately 26,130 people. There

Cambodia is a source, destination and transit country for men, women and children trafficked for the purposes of sexual exploitation and forced labor. Cambodian women and children are trafficked to Thailand and Malaysia and other countries for debt bondage, begging and labour exploitation. Cross-border trafficking is also a big issue. Cambodian women and children are trafficked into Thailand, Vietnam and to some other key countries such as Malaysia, Macao and Taiwan and probably South Korea and recently some cases have been reported as far as Saudi Arabia and the Horn of Africa.

Cambodian women and children are trafficked to Thailand and Malaysia and other countries for debt bondage, begging and labour exploitation. Cross-border trafficking is also a big issue.

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are several pertinent laws and policies in Cambodia pertinent to combating trafficking: 1. 2. The 1993 Constitution of the Kingdom of Cambodia The October 2005 Memorandum of Understanding between Cambodia and Vietnam on Eliminating Trafficking of Women and Children and Assisting Victim of Trafficking ILO Convention No. 182: Child Labor, 2005 Ratification of UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Nov. 2005 Domestic Violence Law, September 2005 MOU between Cambodia and Thailand, 2003 Circular No. 13 on Women and Child Trafficking, 1999 Draft of the Second Five-year Plan on Trafficking in Persons and Sexual Exploitation Labor Law, 1997

12. Provisions Relating to the Judiciary and Criminal Law and procedure Applicable During the Transitional Period (UNTAC Criminal Law), 1992.

Recommendations

1. Each country should have the convention against child and women trafficking and MOUs should be formulated and signed with each other A Juvenile Court should be established with specialized with specialized judges and prosecutors, so that the rights of children can be properly protected and regarded. Strengthen the Supreme Court of Magistracy which is mandated to discipline judicial staff, to fully function in monitoring the judiciary to ensure justice in Cambodia Strengthen the monitoring of the court and jail concerning trafficking Strengthen coordination with authority in rescuing victims, repatriation and reintegration, prosecution and sharing comments on draft law on trafficking.

3. 4.

2.

5. 6. 7. 8.

3.

4. 5.

9.

10. Law on the Suppression of Kidnapping, Trafficking and Exploitation of Human Persons, 1996 11. Law on Immigration, 1994

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Country Reports

Burma: Child Trafficking Situation and Overview

Aung Myo Min Director, Human Rights Education Institute of Burma Focal Point, Burma ACTs

Child trafficking is still taking place, both inside Burma and neighboring countries. Trends continue for sex workers, child workers and child beggars. There is an increase in cases of trafficking of young girls and women into China for marriage and children into Malaysia, for adoption.

reintegration of victims as well as preventive measures. The Anti-Trafficking in Persons Law in Burma was enacted on September 13, 2005. The military government maintains that this law is to help "in preventing and suppressing trafficking in persons to pay particular attention to women, children and youth." The guidelines include setting up a Central Body for Suppressing Trafficking in Persons composed of the Minister of Home affairs and other top government officials and setting up working groups to prevent trafficking.

Some developments inside Burma

Burma ratified the Palermo Protocol on March 30, 2003. In October 2004, it hosted the Greater Mekong Sub-region Ministries meeting on trafficking. The first ever Memorandum of Understanding in the AsiaPacific Region was signed by countries in the Greater Mekong Sub-region which include China, Cambodia, Laos, Thailand, Vietnam and Myanmar. The MOUs layout methods and areas of cooperation to combat all aspects of human trafficking, including policy and cooperation efforts taking place at the national and international levels, legal frameworks, law enforcement and criminal justice, protection, recovery and

There is an increase in cases of trafficking of young girls and women into China for marriage and children into Malaysia, for adoption.

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The law establishes safeguards for trafficked victims with particular consideration of women and children. It also sets policies concerning reintegration, repatriation and rehabilitation of victims and penalizes the offenders, " Whoever is guilty of trafficking shall be imprisoned for a minimum of five years, the maximum sentence is death penalty or life imprisonment."

2.

Publish child trafficking primer in 5 ethnic languages and one campaign poster in different languages Produce a short documentary on child trafficking and one music television video cd album Stage three theater performances in refugee and migrant communities particularly where child trafficking is widely carried out Collect at least 50 cases of child trafficking along the border as well as inside Burma. This cases will be used for the regional advocacy and international lobby work, by other network groups.

3.

4.

Our Work

Burma ACTs organized activities for antitrafficking day commemorated in December 12, 2005. It also conducted training of trainers on the anti-child trafficking campaign. Very recently, that is, in March 17, 2006 Burma ACTs was formed. It was expanded to seven partner groups composed of Karen, Mon, Lahu, Kachin, Palaung, Burmese and Karenni working in refugee camps, migrant communities in Thailand and China and communities in ethnic areas.

5.

Our plans for 2006 to 2007

1. Train 20 local activists from 7 partner groups to become anti-child trafficking educators and campaign activists. These educators will conduct 15 community trainings in 12 communities inside and along the borders of Burma

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The Situation of Trafficking in Persons and Filipino Entertainers in Japan

Nobuki Fujimoto Researcher, Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA)

commonly used during that time, several NGOs have already been involved in assisting victims of trafficking, such as forced prostitution, and providing shelters for them like HELP and SAALAA, they already addressed the issue of trafficking, in coordination with NGOs based in the countries from where women were sent to Japan. However, the Government of Japan neither took effective and comprehensive measures to penalize traffickers such as brokers, or to make efforts to protect victims of trafficking. Instead, the victims had been usually treated as `criminals' for violating the Immigration Control and Refugee Recognition Act (overstaying) and/or the Anti-Prostitution Law (solicitation). They were deported to their countries without having been provided

Trafficking in Japan

The US State Department reported in its 2004 and 2005 `Trafficking in Persons Report', "Japan is a destination country for a large number of Asian, Latin American, and Eastern European women and children who are trafficked for the purpose of sexual exploitation. There have also been cases of Asian and Latin American men trafficked to Japan for criminal, labor and/or commercial sexual purposes. Japanese organized crime groups (yakuza) that operate internationally are involved in trafficking. The Government of Japan does not fully comply with the minimum standards for the elimination of trafficking however, it is making significant efforts to do so. The present forms of trafficking in women and children, in particular, were already recognized by NGOs, mass media and the government agencies since late 1980's. Most of the women victimized came from the Philippines and Thailand at the earlier stage. While the term of trafficking was not yet

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In April 2004, the Government established the InterMinisterial Liaison Committee (Task Force) regarding the measures to combat trafficking in persons.

an opportunity to seek justice and rehabilitation. Trafficking in Persons, (2)Through Understanding of the Current Situation of Trafficking in Persons, (3)General and Comprehensive Measures to Combat Trafficking in Persons. In line with the Action Plan, on 16 June 2005, the parliament approved legislation to revise the Penal Code and Immigration Act for the purpose of punishing those involved in human trafficking, and granting victims special residency status to protect them, even if they have overstayed. The laws became effective on 12 July 2005. Under the revised Penal Code, those who purchase a person and put him or her under their control would face three months to five years in prison. The maximum punishment would be increased to seven years if the victim is a child. In cases of human trafficking for profits or sexual purposes, the prison term would span from one year to 10 years. Under the revised Immigration Act, trafficking victims would be permitted to stay in Japan for the meantime at the discretion of the Justice Minister, before returning to their countries. During their stay, they will be asked to cooperate with the police in investigations,

Measures taken by the Government

In response to the growing concerns and criticisms from international and local communities, including the United Nations human rights bodies, international and local NGOs, the Japanese Government finally started to seriously take measures, in order to prevent and eliminate trafficking just in the past few years. In April 2004, the Government established the Inter-Ministerial Liaison Committee (Task Force) regarding the measures to combat trafficking in persons. In December 2004, the Government adopted the `Japan's Action Plan of Measures to Combat Trafficking in Persons', after dispatching the Inter-Ministerial Delegation to the Philippines and Thailand, and organizing a series of hearings, in order to share opinions with local & overseas institutions and NGOs. The Action Plan, in principal, covers comprehensive scope with regards to combat trafficking, consisting of three main aspects; (1)Importance of Measures to Combat

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including by explaining how they had entered the country. Foreign nationals who are found to be involved in trafficking will be deported under the revised Immigration Act. Those who have provided forged travel documents to others with the intention of sending them to Japan would face a prison term of up to three years or a fine of up to 3 million yen. When it comes to the measures to protect and assist the victims, the Government, so far, does not intend to legislate a law which stipulates the necessary and effective measures. The Government's Action Plan concretely elaborates as a means of the protection of victims of trafficking in persons as follows. (1) Recognition of victims, (2) Provision of shelters, (3) Counseling and consultation activities, etc., (4) Handling of victims who have sought shelter at police boxes, (5) Handling of status of residence of victims, (6) Assurance of the safety of victims, (7) Repatriation assistance to victims While the Government says that they will implement the measures mentioned above,

it has no legal binding, in addition to the problem of insufficient budget allocation.

The Situation of Filipino Entertainers in Japan

While many women who fall victims to trafficking enter Japan with a status of short term stay (tourist visa), there are also women with a status of entertainer (entertainer visa) which is valid for 6 months at most. Among the foreign `entertainers' performing in Japan, Filipinos constitute the largest number. Since late 1970's, female entertainers from the Philippines gradually increased in number. It reached to 80,048, including a few percentage of male entertainers, in 2003, and to 82,741 in 2004, 60 % of the total number of entertainers from all over the world. Filipino Entertainers are supposed to work as singers or dancers by performing in show business. However, in most cases, they sing and dance on a small stage at night clubs where they are assigned. In fact, they work as a `hostess', serving drinks, having

When it comes to the measures to protect and assist the victims, the Government, so far, does not intend to legislate a law which stipulates the necessary and effective measures.

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While the National Police Agency started to compile the data on trafficking since 2000, the numbers of the victims reached to the highest in 2005. This may be explained by the fact that the Government became more serious in combating trafficking, after they adopted the Action Plan in December 2004.

conversations and singing as a Karaoke partner of male customers. Filipino entertainers have been usually forced to work under conditions which do not comply with the contracts between them and recruiting agency in the Philippines and promoters in Japan. They suffer lower wages, and are obliged to do Dohan (date with customers in the daytime). Penalties are imposed on them by the owners of night clubs if they fail to meet the target of sales. There are the cases that they are even made to prostitute themselves. It is, of course, not allowed for foreign entertainers to work as a hostess under the

Immigration Act. However, such illegal activities made by the employers or night club owners had long been overlooked without seriously monitored by the Japanese government. The Japan's Action Plan of Measures to Combat Trafficking in Persons finally stipulates the decisive policy for the Review of status of residence and visas for "entertainers". It clearly says that it has been recognized that not a few people who have entered Japan with the status of residence as "entertainer," have become victims of trafficking in persons, in particular those who have entered Japan having fulfilled the criteria for landing permission by holding a certificate issued by the Government of the Philippines, which testifies that the holder is an artist, but as a matter of fact do not have capability as an artist. Based on this policy, the Ministry of Justice Ordinance, which provides for the criteria for applicants who intend to engage in the activities of "Entertainer" in Japan, was amended on 15 February 2005, and entered into force on 15 March 2005. The amendment deleted the provision that an applicant who intends to engage in theatrical performances or musical performances as "Entertainer" shall "meet the standards set by a foreign national or local government agency or an equivalent public or private organization". In meeting the standards, they were able obtain the certificate from the Philippine Government,

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called the Artist Record Book (ARB) and Artist Accreditation Certificate (AAC). In accordance with the amendment, an applicant who intends to engage in theatrical performances or musical performances with the status of residence "Entertainer" is required to have spent a minimum of two years at a foreign educational institution studying subjects relevant to the type of performance in which he or she will engage, or to have a minimum of two years' experience outside Japan in the type of performance in which he or she will engage. The Justice Ministry again amended the Ordinance on 13 March 2006, aimed to tighten the qualification of business operators employing entertainers from abroad. The revised Ordinance, which will take effect on 1 June, applicants will be denied entertainment visas if future employers, night club operators, or any of their staff members have a record of human trafficking. The visas will also be withheld if any member of those businesses has been involved in illegal employment or falsified immigration applications in the last five years. Under the current Ordinance, employers are required to pay at least 200,000 yen a month to entertainment visa holders. The Ministry will require these companies to stipulate such

payments in a written contract. Business operators will also have to prove through receipts and other documents that they have been paying the wages stipulated in contracts with foreign workers over the last three years of operation. The amendment is intended to eradicate the vicious cycle of exploitation as well as to reduce the numbers of trafficking victims. However, giving the reality that there are many Filipino women who want to work in Japan, the exploitation would go underground and become more invisible, if it becomes too difficult to obtain `Entertainer visa'. It is important for the Governments and NGOs to closely monitor the sequence of implementation of the new immigration policy on the entertainers and situations that they actually face.

Numbers of Trafficking Victims Increased in 2005

In February 2006, the National Police Agency released a brief data on the trafficking cases that they cracked down or dealt with in 2005. The trafficking victims whom the Agency protected increased by 40 up to 117 women over the previous year. Women from Indonesia was 44, the largest group, and followed by the Philippines (40),

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Thailand (21). These three groups occupy 90 % of the entire victims. The rests are 4 women from Taiwan Romania, and one from Columbia, Korea, Australia, and Estonia. On the other hand, the Agency arrested 83 suspects for trafficking. While the National Police Agency started to compile the data on trafficking since 2000, the numbers of the victims reached to the highest in 2005. This may be explained by the fact that the Government became more serious in combating trafficking, after they adopted the Action Plan in December 2004.

A few days after the release by the National Police Agency, the Immigration Bureau under the Ministry of Justice made public a data of the trafficking victims for 2005. This was the first initiative of the Bureau. According to them, they recognized 115 foreign women as victims of trafficking, including 6 children (under 18 years old). When they were protected by the Bureau, 47 women were in the illegal status. The bureau granted all of them the special permission to stay in Japan (temporalily), based on the revised Immigration Act. The Bureau reported that 20 women were forced to prostitute themselves by traffickers.

While the National Police Agency started to compile the data on trafficking since 2000, the numbers of the victims reached to the highest in 2005. This may be explained by the fact that the Government became more serious in combating trafficking, after they adopted the Action Plan in December 2004.

Remaining Issues

While the recent efforts for anti-trafficking taken by the Japanese Government are noteworthy, the remaining issues should be addressed as follows. 1. To Stabilize the Legal Status of the Victims With a view to provide protection and rehabilitate the victims, the special permission for residence based on the revised Immigration Act should not be recognized at the discretion of the Justice Minister. Instead, the recognition of residence status should be considered as a right in order for victims to seek justice. Consequently, a trafficking victim recognition system must be established which will grant

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Country Reports

Shelters for the trafficking victims run by the civil sector have been playing a vital role since 1980's and early 1990's, even though they have been facing many difficulties, including lack of fund and staff who understand native languages of the victims.

not only temporary stay in Japan but also `Long Term Residence' status. 2. Protection and Support a. To establish a specialized facility In order to provide effective protection and support for the victims, the Government should establish `Support Center for Human Trafficking Victims', a facility which has resources and programs for protection and counseling. The Government should allocate necessary budget to deploy professional staff and to run the facility. Shelters for the trafficking victims run by the civil sector have been playing a vital role since 1980's and early 1990's, even though they have been facing many difficulties, including lack of fund and staff who understand native languages of the victims. The Government should provide financial 3. b. assistance in order to strengthen their activities which could lead further collaboration between the Government and civil sector. To Enact a Law for Protection and Support of the Trafficking Victims While the criminalization of trafficking was legislated by revising the Penal Code, protection and support for the trafficking victims has no legal background. The Law for Protection and Support of the Trafficking Victims should be enacted. Issue of Demand Side The scale of sex industry in Japan, including on the internet, is so huge. It is often said that Japan's sex industry is a 10 trillion Japanese Yen industry (US$ 85 billion). The trafficking is closely related to its demand in the sex industry. This issue is also crucial in eliminating

47

Country Reports

trafficking. The question is how to suppress the demand? http:// www.thecode.org/dokument/ ReportLaunchJapan.pdf

Japanese Tourism Industry Signs the Code of Conduct for the Protection of Children

On March 14, 2005, the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism, a project initiated by ECPAT, co-funded by UNICEF and developed with the support of the World Tourism Organization, was launched by the Japanese tourism industry. At the ceremony hosted by the Japan Committee for UNICEF, over 60 Japanese companies committed to implementing into their operations: awareness raising measures for travelers; corporate ethical policies and staff training; the introduction of clauses into

contracts with suppliers; and developing working relationships with partners in destinations to prevent sexual exploitation of children in tourism. Top level representatives of the most important Japanese tour operators and travel agents endorsed this initiative. By signing the Code, the Japan Association of Travel Agents (JATA), the Japan Travel Bureau (JTB), Japan's top destination management company and one of the largest tour operators worldwide, and the Overseas Tour Operators Association (OTOA) have all come together to make a statement against child sex tourism. The ceremony organized by the Japan Committee for UNICEF in partnership with ECPAT/Stop Japan, ECPAT International and the Code Steering Committee, was honored with the presence of Her Imperial Majesty Princess Takamado, who addressed an audience of tourism professionals and media representatives.

At the ceremony hosted by the Japan Committee for UNICEF, over 60 Japanese companies committed to implementing into their operations: awareness raising measures for travelers; corporate ethical policies and staff training; the introduction of clauses into contracts with suppliers; and developing working relationships with partners in destinations to prevent sexual exploitation of children in tourism.

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Country Reports

Open Forum

Question (For Vietnam): Action Plan and Workshop has been produced. What agency is involved in taking Action Plan forward? Answer: Many agencies involved in Action Plan including Ministry of Police, Ministry of Social Welfare, Ministry of Cultural Information, Ministry of Justice, Women's Union, Community of Populations, Family & Children and Department of Education

Question (For Vietnam): Does this mean the Action Plan has been endorsed by government and has become national platform of action? Answer: In workshop, NGO and governments from 2 provinces were present. It is decision of Prime Minister if it becomes national platform of action.

Question (For Japan): Is there monitoring on increase of Filipino women marrying Japanese men? We have noticed several weddings in Manila of marriages between Filipina and Japanese nationals. Several of these have divorced several times. Answer: Yes. In the past 20 years, marriage of Filipino women and Japanese men has increased. Rapid increase started 5 years ago, partly because of social phenomenon of Japanese women not wanting to get married, especially to Japanese men. Growing tendency of international marriages ­ especially Filipino and Chinese women.

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Country Reports

Additional information: Have heard that after visa situations were tightened, there were several international marriage brokers doing match-making between Japanese men and Filipino women. Many Filipino women want to work in Japan, marriage is a way they can enter Japan. Japanese men can't find wife in Japan so are willing to marry Filipina. Japanese men want to receive commission by lending marriage status. They marry, divorce and then marry again. It is very hard to monitor this issue as marriage is a very personal matter. We do recognize that international marriage is part of trafficking but it is hard to identify the problems. Additional information: In the Philippines, we intensifying surveillance operations & database to prevent this happening through syndicates. We are not against Japanese men marrying Filipino women. Question: Issue of fake marriages also happens in Holland. Even if you marry foreign wife, she doesn't automatically get citizenship status, must have 5 years of marriage before s/he can get citizenship. What is law in Japan? In Japan, you have to have 5 years stay in Japan before getting permanent visa.

Answer:

Additional information: There is now a trend in Mindanao where Filipino children are tracing their Japanese heritage and being transported to Japan saying they have Japanese ancestry. There are reports of Japanese family trees being sold so that children can claim Japanese ancestry. Some are trying to trace ancestry back to before World War II. Additional information: Before WWII, when Japan was very poor, many Japanese migrated to many places, including Philippines. When Japan was defeated in war, Japanese were killed or returned to Japan, many children were left. Japanese government recognized that they need to care for descendants and there was a scheme for Filipino and Chinese descendants of Japan were able to be repatriated to Japan. There are many cases of forged documents being used and produced for this purpose. Children born of Japanese men and Filipino entertainers are not given same treatment. They are not allowed to stay in Japan. Lawyers and NGOs groups are lobbying government to allow these children to stay in Japan but they are not permitted.

50

PART 5

WORKING ON THE REGIONAL GUIDELINES

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Drafting the Regional Guidelines

Definition of Terms and General Principles

Atty. Anjanette Saguisag Project Officer, UNICEF-Philippines

The Bohol Document was the output of the Regional SeminarWorkshop held in Bohol Province, Philippines in August 2004. In that preliminary discussion, we studied the international instruments like the UNCRC and the Optional Protocol, the Palermo protocol and the UN High Commissioner Guidelines. Other base document that we also studied is the Guidelines for the Protection of the Rights of Children Victims of Trafficking in South Eastern Europe published by UNICEF. Comparing the Southeastern Europe Guidelines and the Bohol Document we will notice the following similarities and differences:

Southeaster Europe Guidelines

General Sections 1. 2. 3. 4. Definition of terms 1. 2. definition of terms general principles Guidelines for specific measures implementation at the country level child trafficking child victim of trafficking 1. 2. 3. General principles 1. 2. 3. 4. 5. 6. 7. Rights of the child Best interest of the child Right to non-discrimination Respect for the views of the child Right to information Right to confidentiality Right to be protected 1. 2. 3. 4. 1. 2. 3.

Bohol Document

definition of terms general principles specific measures

child child trafficking exploitation Rights of the child Consent Non-discrimination Responsibility of the state

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Drafting the Regional Guidelines

The definition section in Bohol document is expanded compared to Southeastern Europe Guidelines . Child was set to 18 years old, even though in Philippines, a child may be over 18 years old or if s/he is unable to take care of him/herself due to a mental, psychological or physical condition. The definition of child trafficking is expanded in Bohol document to include specific

examples. The Bohol document identifies only 4 general principles. The principle of consent is consistent with the Palermo Protocol and other international instruments. The principle of state responsibility is new in Bohol document-- it specifically assigns responsibility to state. The principle of state giving protection to service providers is also new in Bohol document.

Critiquing of the Bohol Document and Drafting the Regional Guildelines

PROPOSED GUIDELINES FOR THE PROTECTION OF THE RIGHTS OF TRAFFICKED CHILDREN 1. Definition of Terms

For purposes of these Guidelines, the following terms shall mean: 1.1 Child ­ is any person under eighteen (18) years of age 1.2 Child trafficking1 2 - the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation.

1 2

Agreed that Sections 1.2 and 1.3 should be merged into one definition M. Binjsdorp­ The definition of child trafficking has been reduced in Bohol Document compared to Southeastern Europe Guildelines. This means `within or outside a country' has been excluded. Agreed to add `within or across borders'

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Drafting the Regional Guidelines

1.3 Exploitation3 4 5 6 7­ shall include, at the minimum8, child prostitution, child pornography and other forms of sexual exploitation9 10, child labour, forced labour or services, slavery or practices similar to slavery, servitude11, removal and sale of organs, use in illicit/illegal activities, participation in armed conflict.

3 4

E.L. Smith- The definition of `exploitation' does not need to be separated to the definition of child trafficking, as exploitation is part of child trafficking. L. Balanon­ `illegal adoption' is not included in definition of exploitation M.Paller­ `fake marriages' is not included in definition of exploitation M.Binjsdorp- Maybe illegal adoption is not a form of exploitation L. Balanon ­ illegal adoption is normally related to sale of children M.Binjsdorp ­ not clear that child itself is exploited and real victim. Not sure if we need to go into detail of defining term of exploitation, in Optional Protocol it is already set out in detail. It may make document redundant when new issues emerge. Illegal adoption is not exploitation of itself. By specifying exactly what exploitation is, it may exclude other things that are not written there. A. Saguisag ­ that is why use of `at the minimum' is there, because it means that any other form of exploitation may also be included. Trafficking focuses on purpose, not means. Focus on purpose of adoption. Adoption for purpose of exploitation whether it is legal or illegal. Many cases of adoption during armed conflict where children are used in armed conflict. A. Abueva­ context of adoption can be both. Illegal adoptions can be for trafficking. Legal adoptions can also be exploitative. Whether or not adoptive parents exploit children, if the process was exploitative then it is trafficking. L. Balanon ­ even if parents don't exploit children, ends does not justify the means because it still involves sale of children. Maybe need a different term, rather than `illegal adoption'. A.Abueva ­ value of being specific in the definition, without limiting to an exhaustive list, is that when it is used as educative tool it is more useful.

5

M.Binjsdorp-forms of exploitation which are encountered in this region F. Van Dijk- the sale of organs needs to be considered because he hasn't encountered a case of a real victim of this form of trafficking Vote ­ do we want to change the list of exploitative purposes ­ 33. Carried

6

Vote - Do we want to add adoption as a form of exploitation? ­ 22 / 43 Carried Cannot include `adoption' without a qualifying/descriptive term. C.Miaco ­ even if legal adoption, it may be exploitative. We should use adoption and qualify it. `adoption for exploitative purposes'. Use term `false adoptions' instead of legal or illegal. A.Saguisag ­ false refers to means of adoption A.Abueva­ false refers to fact that you have deprived child of identity and real parents. Depriving child of real identity, even though caring for child properly, means you have taken something away from child, therefore is exploitative. Agreed that term `adoption' needs to be qualified. Options:Illegal adoption, false adoption, sale of child for adoption, adoption that denies the rights of the child, adoption A.Saguisag ­ this term must be read in context of definition of trafficking `the recruitment, transportation, transfer, harbouring, receipt of a child for the purpose of [ ]'

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Drafting the Regional Guidelines

2. General Principles

The following principles shall be considered at all stages of care and protection of child trafficking victims/survivors

Agreed that further research/ discussion needs to be done before this term can be decided. 7 8 Agreed that marriage should be included M.Paller­ change `at the minimum' to `shall include but not limited to'. D. Perez­ `at the minimum' should stay M.Paller ­ `at a minimum' refers to something which defines the minimum D. Perez ­ this refers to the minimum number of items on the list but not limited to the list E. Roman ­ `but not limited to' refers to number of forms, `at the minimum' refers to gravity of exploitation so both forms can be maintained. A.Saguisag - In order to be able to use the guideline as a practical tool, should use term `but not limited to'

· · ·

Vote ­ maintain term `at the minimum' ­ 13 Vote ­ change term `but not limited to ­ 26 Agreed ­ change term to `shall include but not be limited to'

9 10

Agreed to keep `forced labor or services, slavery or practices similar to slavery' F.Van Dijk ­ can `child prostitution, child pornography, other forms of sexual exploitation' be compacted to `sexual exploitation' A. Abueva ­ in some countries there is no clear definition of what child pornography is so there must be `or other forms of sexual exploitation' even though child pornography and child prostitution are part of all these. Would include all three so that the first two can be stressed as the most common types, while including other types of exploitation Agreed ­ maintain current phrasing

11

A. Abueva­ these are terms that were used in the past, defining differences that were used in the past. Keeping in mind what was used in the past even though today we don't see the difference now. Shouldn't take it out because it is a widely used term. A. Saguisag ­ the differences between these terms were important in the past but not relevant now F. Van Dijk ­ if there are no longer slavery type practices, do we need to keep this term? A. Abueva ­ there are still places where there are slavery type practices, especially in Muslim Mindanao. F. Van Dijk ­ does this also happen in other countries? Thai delegate­ need to explain definitions / distinctions between slavery and servitude because in Thai experience, these terms are not recognized or understood by the government. Maybe need glossary, footnotes or interpretative notes. Burmese delegate­ children have been trafficked for slavery from Burma to Thailand and people are living in slavery type of conditions Japanese delegate ­ there are other conventions in place that use these terms. If we want to use these guidelines as a reference we should maintain these terms so the are in concordance. `Forced labor or services' are included in child labor. We should emphasis types of labor used in this region K.Sirivath­ we need to work closely with high-level government and it is difficult to explain what trafficking is. Every sentence must be very clear. If it only says `trafficking', they can't imagine what it means. Slavery and servitude is quite the same. A.Abueva ­ we need to be consistent with other documents. Under ILO Convention 182, it specifies what slavery type practices. If we take it out of the document it might be hard to understand what it means. Document should be new, but

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Drafting the Regional Guidelines

2.1 Rights of the Child 2.1.1 Child trafficking victims/survivors are entitled to the full respect and exercise of their survival, development, protection and participation rights in the UN Convention on the Rights of the Child. 2.1.2 Child trafficking victims/survivors12 are entitled to special protection measures and have special rights and needs. 2.2 Consent 2.2.1 The consent of the child or the person exercising custody over the child to trafficking or any of its component acts is irrelevant and does not exempt or mitigate the offender from committing acts that constitute of promote child trafficking13. 2.2.2 The employment 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 the child is irrelevant and not an essential element in the crime of child trafficking.

not completely new, should be consistent with other documents. Maybe we need guideline for ourselves to clearly explain the guidelines. Vote ­ do we maintain the phrase `slavery or practices similar to slavery, servitude' ­ majority ­ Carried Vote ­ do we add a glossary of terms to be used as a guide? Carried Vote ­ do we include `removal or sale of organs'? Carried Vote ­ do we keep `use in illicit/illegal activities? Carried Vote do we keep `participation in armed conflict'? Carried 12 13 Survivors vs. victims ­ don't need to have finished `healing' before they can be called survivors. Adopted by majority without change Change `of' to `or' in `acts that constitute of promote child trafficking'. Change from `does not exempt or mitigate the offender' to `does not exempt the offender or mitigate his/her liability' or something to this effect. E.L.Smith- `Person exercising custody over the child' is not clear enough. If the parent is the one giving consent, there may be no liability for the parent. A.Saguisag ­ this makes sure that even if parent gives consent, the trafficker cannot evade responsibility. This does not mean that the parent cannot be held liable. This section relates to trafficker, it does not exclude parent as a trafficker. A.Abueva ­ use the word `lessen' instead of `mitigate'. Adopted by majority with agreement to make stylistic changes

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Drafting the Regional Guidelines

2.3 Non-discrimination 2.3.1 All child victims/survivors of trafficking shall be entitled to the same protection and rights regardless of their status, nationality, race, sex, language, religion, ethnic or social origin, birth or origin in the country of origin, transit and destination. 2.3.2 Whenever, applicable, the guidelines shall also cover children who are conceived and subsequently born of victims/survivors of trafficking in persons14. 2.4 Responsibility of the State15 2.4.1 The State has the responsibility to take positive action to protect and assist child victims/survivors of trafficking16. 2.4.2 The State shall take all appropriate legislative, administrative, social and educational measures to protect and assist child victims/survivors of trafficking17.

14

Z.Lin­ don't want to link this issue to birth registration or citizenship, but this may be cause of statelessness. A.Saguisag­ previous item says that even stateless children should be covered by these guidelines A.Abueva ­ children of trafficked children often end up being stateless persons. That is why we have this principle, so that the child who is born of trafficked child still gets protection. Z.Lin ­ concern that these children will become stateless A.Saguisag ­ this is covered under specific guidelines ­ identification of durable solution Adopted by majority without change

15 16

E.L. Smith ­ It should not only be responsibility of state but also obligation. Suggestion to change term `responsibility' to `obligation' L. Balanon - Obligations are like those contained in the CRC because governments are State parties to the convention and there is a monitoring body, therefore they are obliged to follow the CRC. 2.4.1 and 2.4.2 could be seen as obligation because they are part of CRC but 2.4.3 is not covered under CRC, or any other instrument, so should maintain word `responsibility', not change to `obligation'. B.Mondragon ­ State can only exercise 2.4.1 and 2.4.2 if service providers are given due protection and care. Therefore responsibility should be changed to obligation, to give emphasis to guideline. E.L.Smith­ In Indonesia, when word `responsibility' is used, the government passes on the responsibility because they feel that they are not obliged. Indonesian delegate ­ Government says they have responsibility but that child has obligation to respect parents etc. If not clear about this issue of responsibility / obligation, we can be confused. Separate 2.4.3 and consider it as a responsibility and the others as obligation. A.Abueva­ concerned about separating these. 2.4.1 and 2.4.2 can refer to obligation. 2.4.3 can say `state has

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Drafting the Regional Guidelines

2.4.3 The State shall take pro-active measures to protect persons who provide care and assistance to trafficked children from reprisals from traffickers. This protection shall extend to persons working in non-government organizations, civil society and faith-based groups.

3. Specific Guidelines

3.1 Detection and Identification of Child 3.1.1 Presumption of Age

­

Aside from birth documents/family books, the physical appearance of the trafficked person, psychological maturity, his/her statement, documentation and consensual medical examination can be considered factors to determine the age of the trafficked person18.

responsibility'. Maintain heading of `Responsibility of State'. Even though we want governments to be obligated, they are sovereign and they are able to decide what they are obliged to do. 2.4.3 is new to governments, we cannot impose obligations to them. Options: 1. 2. Change heading to `Obligation of the State' Keep heading as `Responsibility of the State' and change 2.4.1 and 2.4.2 to refer to `obligation' (the State is obligated) instead of `responsibility' and change 2.4.3 to refer to `responsibility' (the State is responsible). Option 2 adopted by majority. Japanese delegate ­ what measures do you propose to protect service providers? A.Saguisag ­ there are some good examples in Philippine guidelines such as: state is responsible to provide free legal assistance to services providers, provide compensation to families if service providers are injured or killed etc. 17 F. Van Dijk­ in `responsibility of state' it refers to protection of victims, but it does not specifically include prosecution, should it include this specifically? A. Saguisag - yes, this is implicitly included 18 Proposal of workshop group: After `Aside from birth documents/family books' to add `ID card and joint affidavit of two disinterested parties who have personal knowledge about the facts of birth' A.Saguisag - `disinterested parties' was taken from Philippines HRS. In the Philippines these are people that have nothing to gain from executing the affidavit. F.Van Dijk ­ this may be too specific to the Philippines and may not be applicable to other countries. We want these to be relevant and workable in all countries. Should we keep it in? Delegate from Thailand ­ there is a similar practice but it is not written in law. M. Binjsdorp ­ is it a good idea to make this the practice in other countries, by putting it in the guidelines? What about including `a document about the facts of birth' F.Van Dijk­ recruiter may make statement. `Disinterested party' provides some protection. Delegate from Vietnam ­ statements of other persons may be used against children because statements can be false / wrong.

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­

Where the age of the trafficked person is uncertain and there are reasons to believe that the victim is a child, the presumption shall be that the trafficked person is a child19. Pending a reasonable time for the verification of the trafficked person's age, he/ she shall be treated as a child and will be accorded all special protection measures stipulated in these guidelines.

­

3.1.1 Pro-active identification measures The State shall develop and adopt effective procedures for the rapid identification of trafficked children. These may include the strengthening of birth registration procedures and the listing and recording of missing and exploited children.

A.Saguisag ­ affidavit is a special document that is sworn before a notary public and you are accountable for what you swear in an affidavit. Delegate from Cambodia ­ maybe it should be `statements of two witnesses who have known the child'. Agreed that the idea that people who know of facts of birth can vouch for the age of the child would be reflected in the document, according to format decided by styling committee. Delegate from Indonesia - in one case, child who was 25 years old in passport and 16 years old in school records. Maybe we can use school records as a means of verifying age. Agreed to include school records. Proposal to add `and dental' after `consensual medical'. This is covered by medical, otherwise sentence will be too long F.Van Dijk ­ dental is distinguished from medical in insurance policies. You can also have bone density test to prove age. Are these practical procedures for guidelines? Do people really do this? A.Saguisag ­ in the Philippines this practice is used. K.Sirivath - Dental procedures are too expensive . It is not realistic to use this. These are options to use, it is not necessary to use all of these. Agreed to include `and dental'. 19 Proposal of workshop group: After `Where the age of the trafficked person is uncertain and there are reasons' add `(the above mentioned factors are not yet fully determined / verified and tampered/counterfeit documents eg, passport, birth certificate etc)' M.Carpizo ­ it was proposed to include this because one group member wanted to reiterate the factors mentioned in previous paragraph. Need to specify what the reasons are. Not everyone knows what the reasons are. A.Saguisag ­ the guidelines are interpreted in terms of the context. By repeating the statement it becomes too wordy. Delegate from Burma ­ if all the documents haven't established that the victim is a child, then what reasons could there be to believe the victim is a child. Agreed to change the word `reasons' to indicators'.

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Drafting the Regional Guidelines

­

The State shall train all persons having or most likely to have direct contact with trafficked children (i.e. seaport and airport personnel, immigration officers, boarder patrols, law enforcement officers, social welfare and health care providers, etc.) on rapid identification procedures. These may include the training on the use of a checklist of warning signs of a trafficked child and how to conduct activities that will separate trafficked children from illegal immigrants.20 Efforts to provide information to families and communities about the issue of child trafficking and reporting procedures for suspected and actual child trafficking cases must be conducted21. Measures to coordinate information sharing between government agencies, including law enforcement officers and social welfare agencies, non-government organizations must be adopted to facilitate rapid identification of trafficked children22.

­

­

20

Proposal of workshop group: Add `adopt a checklist for the identification of trafficked victims' after 3.1.2.1 A.Saguisag ­ 3.1.2.2 already mentions a check list M.Carpizo ­ 3.1.2.2 assumes that check list has been adopted. It doesn't state that check list has been adopted. Agreed that adoption of check list will be included by styling committee

21

Proposal of workshop group: `The State and NGOs must conduct intensive efforts ` B.Mondragon - Proposed that it should not be specified as a responsibility of NGOs to provide information, it should be primarily responsibility of state. M.Binjsdorp ­ we should remember why we are drafting these guidelines. This is not a treaty. NGOs are also responsible. Should maintain original wording, `efforts to maintain Options: 1. 2. 3. Maintain original wording `Efforts to provide information ... ` - 15 Change to `The State and non government organizations must conduct intensive efforts to provide information' - 18 Change to `The State, in coordination with non government organizations, must conduct intensive efforts...' ­ 0

Agreed that Option 2 would be adopted. 22 Proposal of workshop group: After `rapid identification of trafficked children' add `the State shall adopt measures to coordinate information sharing between / among government agencies and non government organizations to facilitate rapid identification of trafficked children' Group - This was proposed to simplify the document. This is changing `government agencies, including law enforcements officers and social welfare agencies' to simply `government agencies' A.Saguisag ­ it also diffuses responsibility F.Van Dijk ­ the proposal leaves all responsibility to State. In original version, there are specific parties named. Agreed that the original wording be maintained. Workshop group 1 proposed that should include terms adoption and marriage, without qualifiers in the definition but will define the terms in the glossary. Agreed by the majority

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Drafting the Regional Guidelines

3.2 Initial Contact 3.2.1 Initial Action

­

Upon identification of a child or possible child victim/survivor, the investigator/ officer shall immediately contact social welfare services and the parents/guardian of the child23. The investigator/officer shall protect the child's right to privacy and prohibit media exposure and interviews. Initial questioning of the investigator will only be for the purpose of collecting biographical data like the name, age, name of parent/guardian, and last known address and contact numbers24. The investigator/officer must assist the child in retrieving his/her personal belongings before leaving the establishment25.

­

­

­

23

Proposal of workshop group: after `the parents/guardian of the child' add `to contact the embassy or consulate in case of international trafficking' Adopted by the majority S. Roman­ this may not be necessary as it may be covered under 3.3 M.Binjsdorp ­ perhaps we should say `contact responsible authorities' instead of identifying consulate or embassy A.Saguisag ­ the responsible authority would depend on the country Agreed that idea of contacting responsible authority in case of cross-border trafficking should be added, according to format of styling committee Delete word `survivor' Carried

24

Proposal of workshop group: to change word `questioning' to `interview' Adopted by majority Proposal of workshop group: add `legal status, country of origin and/or nationality' after `parent/guardian' A.Abueva ­ use of `legal status' is possibly incriminating for child because they may be illegal, they will already need legal counsel at this stage Agreed not to use the words `legal status' but to include `country of origin and/or nationality'.

25

Proposal of workshop group: delete the original wording (The investigator/officer must assist the child in retrieving his/ her personal belongings before leaving the establishment) and change it to `Property of the child can only be taken if this would not hamper his/her safety' D.Perez ­ we recognize the importance of this item but members recognized the risk that this may pose to the child. A.Saguisag ­ you don't necessarily have to bring the child with you to retrieve the belongings F.Van Dijk­ the wording `before leaving the establishment' implies that the child is still there and has not been brought to a safe place.

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­

The child or possible child victim/survivor shall be removed from the establishment and brought to a safe location, preferably with the social welfare services. The child should not be kept at the police station or detention centers26. At no time should the child be placed in the same room or in direct contact with the traffickers or suspected trafficker. For safety and security of the child and the support service providers, the location of the safe house should be kept confidential.

­

­

3.2.2 Child-sensitive interview

­

The State should design a standard interview guide and mechanism that will integrate all the necessary information that may need to be generated by all agencies in handling the trafficking in persons case. Law enforcement authorities should respect the child's right to privacy. Acquire the express consent of the child and his/her parent/guardian or social welfare service provider prior to the conduct of the investigation interview. Allow the child some time to rest and stabilize before conducting the investigative interview. As mush as possible, the investigator/officer, should be of the same gender as the child, dressed in civilian clothes and trained in administering child friendly/ sensitive interview methods and knowledgeable about the issue of child trafficking27

­

­

­

A.Saguisag ­ belongings are often the first concern of the child, they will not leave until their belongings are retrieved. Agreed to maintain original wording and delete `before leaving the establishment' 26 Proposal of workshop group: ­ ­ ­ 27 include `immediately' after `brought' include `and environment' after `location' include `or NGO facilities' after `social welfare services.

Adopted by majority Proposal of workshop group: After `investigator/officer' include `translator' M.Binjsdorp ­ if officers are well trained in child friendly techniques, gender shouldn't matter. There are not always female officers around. F.Van Dijk ­ even if officer is well trained, victim may feel more comfortable with female officer. It also says that `as much as possible' so that it allows for cases where there are no officers of the right gender. S.Roman­ what if we use `gender-sensitive' officer or translatero

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Drafting the Regional Guidelines

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Prior to the interview with the child, the investigator should inquire whether prior interviews have already been conducted by any person or agency, and if so, acquire the results from such prior interview. This will help avoid repetition of the same questions28.

A. Saguisag ­ this is a very difficult characteristic to identify / gauge. It is subjective. Delegate from Thailand ­ even though it is not possible in every country, it should be something that we work towards. In Thailand the NGOs have been advocating in relation to this point and the police are responding. Delegate from Thailand ­ in all of Thailand there are less than 30 female investigators and these are based in only 7 cities. Normally really need to rely on male investigators. Delegate from Thailand ­ there is a lack of female investigators but in rape and sexual harassment cases, you really need same sex investigators. Where there are no female investigators male can ask for assistance of a woman. Delegate from Cambodia ­ in experience more information is given when the investigator, attorney or translator are the same gender. The current wording doesn't lose anything and we gain, promoting gender sensitivity Delegate from Japan ­ it is desirable that interviewer is same gender but this is not always reality. In later guidelines there is capacity building for front line personnel. Delegate from Indonesia ­ based on experience as police, investigator must be same gender. It is important to be childsensitive. Delegate from Indonesia ­ why do we not ask the children who they are most comfortable with? G. Gonzales­ this is still initial contact, it is likely that child is still feeling trauma and not ready to make this decision. Z. Lin ­ we should be gender sensitive but it is very hard, especially if they have to be well trained. This is good to lobby government. Options: 1. 2. 3. `As much as possible the investigator/officer/translator must be of the same gender as the child' Investigator/officer/ translator is not required to be of same gender as the child but s/he must have had training on gender sensitive practices. `As much as possible the investigator/officer/translator must be of the same gender as the child and have had gender sensitivity training. Agreed that interviewer must be trained on gender sensitivity (insert `and gender-sensitive' after child friendly). [However note that this was subsequently overturned] Comment - Some children will not divulge information even if investigator is well trained A.Abueva ­ Asian children will be more comfortable with investigator of same gender. Simplify the statement to exclude training ­ see option 4. M.Binjsdorp ­ change from `trained in administering' to `use' ­ see option 4 Delegate from Indonesia ­ child should be able to have a choice if they prefer male or female. F.Van Dijk ­ giving child choice where there isn't really a choice available is not appropriate. Options: 1. 2. Maintain original wording Investigator/officer/ translator need not necessarily be of same gender as child but must be trained in child friendly and gender sensitive methods

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The interview must be conducted in the language known to the child. A translator should be provided, whenever the language of the child is different from that of the interviewer29. The child should be interviewed in the presence of the representative of the social welfare service and parent/guardian or trusted adult of his/her choice30. The child should be interviewed in a child friendly/sensitive environment that allows for confidentiality of proceedings and protection of the right to privacy. With the consent of the child and his/her parent/guardian or social welfare service provider, use recording equipment such as video cameras to record the interview31.

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3.

`As much as possible, the investigator/officer/translator, (in cases of sexual abuse) should be of the same gender as the child , dressed in civilian clothes and use child friendly and gender sensitive interview methods and knowledgeable about the issue of child trafficking' (change `trained in administering' to `use')

4.

Leave choice to child

Agreed by majority that original wording would be maintained, with word `translator'. Proposal to move words `as much as possible' to before `training...' Need to include the point that the child has a choice A.Saguisag ­ maybe this can be included in general principles rather than in specific principles. best interests of the child, their view should be considered. 28 29 Proposal of workshop group: delete `This will help... questions' Adopted by majority Proposal of workshop group: include `as much as possible' at start of sentence' and include `if not so' between `child.' and `A translator' A. Saguisag­ this means that you risk conducting an interview in a language the child doesn't understand. M.Binjsdorp­ maybe we should stay the interview should be understood by child, if necessarily through a translator. Interview is done by interviewer. If you say that the interview must be in language of child you are requiring interviewer to speak same language as child. A.Abueva ­ any interview must be understood by the child. Interviewer may not know the language the child knows, in such a case you need a translator. Options: 1. 2. Maintain original wording As much as possible the interview must be understandable to the child if not so, a translator should be provided, whenever the language of the child is different from that of the interviewer. Agreed that original idea should be maintained to be formatted by styling committee. 30 31 Proposal of workshop group: change `and' to `or' after social welfare service Approved Add `must be secured before using' recording equipment'. Delete `with'. At all stages if it is in the

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3.2.1 Legal protection for child

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Trafficked children are victims of human rights violations. They should not be treated as offenders and subjected to or threatened of criminal sanctions for any offense related to their situation as trafficked persons. Access to basic social welfare and support services should not be dependent on the child victim/survivors willingness to cooperate with law enforcement authorities32.

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3.3 System of referral, coordination and cooperation33 3.3.1 Regional MOU34

Approved by the majority Proposal of workshop group: Add `from the initial contact through the process, the child's culture and religious practices are respected' as separate paragraph Agreed by majority subject to styling. Styling committee should consider where this point should be included. 32 What does social services mean? Government or non government? Both government and non-government. A.Abueva ­ we do not deprive child of services if they don't agree to legal case. This is criticism of US government because visa is dependent on cooperation in legal case Adopted by majority without change 33 Clarification ­ a MOU is necessary in order to have mechanism. Why was heading changed? Delegate from Philippines ­ Mechanism will be a framework, one component of which will be the MOU. A.Saguisag ­ it is not always easy to enter MOU between countries / parties. Failure to do so should not stop state from establishing other non-formal mechanisms to assist handling of cases. R. Larga ­ Should not limit States to only trying to enter MOU but they should be encouraged to enter into any kind of agreement that is appropriate Delegate from Indonesia ­ in legal matters, especially trafficking, it is very difficult to work with other countries without a formal agreement. A.Saguisag ­ it is difficult but not impossible. It is difficult to catch traffickers without formal mechanisms but the care and protection of victims can be done through non-formal channels S.Roman ­ guideline says `should endeavor' which indicates what the ideal situation would be. mechanisms that may be created. 34 Regional MOU Proposal of workshop group: change heading `MOU' to `Mechanism' Approved by majority The way guideline is written now it allows the cooperation to continue even without a formal MOU. MOU is only one component of the

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State Parties should endeavor to enter into a regional Memorandum of Understanding for Southeast Asia to define a system of referral and specific areas for coordination and cooperation35. State Parties should endeavor to establish referral, coordination and cooperation mechanism with international non-government organizations, networks and coalitions actively working on the issue of trafficking in the region36. Each State Party shall designate their own Liaison Officer/Office who shall be responsible for cross-border linkage and referral to the appropriate office for immediate response37.

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Proposal of workshop group: delete word `parties' as this is not a treaty. Just leave `States' ­ this applies to all references to State Parties through document. [I will not note that this change in subsequent parts but it should be considered as approved for change throughout the document] Approved by majority

36 37

Proposal of workshop group: delete word parties Approved by majority Proposal of workshop group: Seeking clarification of meaning of Liason Officer A.Saguisag ­ the idea was that there would be one person involved in assisting in referral rather than many, in order to simplify the process. It doesn't necessarily have to be a new office, it may be established in an existing department or agency. A. Abueva ­ this idea came from the `one country team approach'. It doesn't necessarily happen in every country. There is a team in embassy including one person from each department. Person from social welfare is liason officer. A.Saguisag ­ there would be one person in embassy who would be responsible for handling trafficking cases. Delegate from Cambodia ­ In COMMIT system, each country has an office and focal point. There is also secretariat in Bangkok and oversees all 6 countries. This works well. It is hard work and you need good staff. Need internet so that everyone knows what each other is doing. Work for men, women and children. They normally don't handle specific cases but develop policies. There is also a multi-department National Taskforce they act as necessary to intervene in cases, they can handle referrals. Delegate from Vietnam ­ there is a focal point in Vietnam who handles trafficking cases. They are based in Ministry of Law Enforcement and Social Welfare. Delegate from Indonesia ­ There is a Presidential Decree that created a national Taskforce and it is their job to handle trafficking issues. There is also provincial level taskforce. There are often problems trying to rescue children from Singapore or Malaysia. R.Rai­ there is also a national taskforce, which is also based in districts. There is also National Rapporteur. A.Saguisag­ there seem to be many national mechanisms, but how do they handle cross border cases? Delegate from Indonesia ­ Indonesian police are responsible for trafficking. There is a MOU between police in one area of Indonesia and police in one area of Malaysia but this relates to all types of criminals, not just traffickers. Police department can directly approach government of Malaysia if there is a victim that needs to be repatriated. A.Saguisag ­ this liason officer would not be concerned with law enforcement but would be primarily concerned with care and protection of victims

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3.3.2 National MOU38 39

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State Parties shall develop a national Memorandum of Understanding between and among national government agencies to define a system of referral and specific area for coordination and cooperation. Each State Party will create a national referral unit to coordinate a clear referral system for both internal and cross-border trafficking40. State Parties must include guidelines, mechanisms and procedures that define the roles and functions of each agency. State Parties must endeavor to establish referral, coordination and cooperation mechanism with non-government organizations, networks and coalitions actively working on the issue of trafficking in the country. State Parties shall adopt pro-active measures to protect civil society

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3.3.3 Information dissemination

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State Parties shall train and inform all relevant agencies about the referral and coordination system so as to ensure prompt and appropriate response for child trafficking cases.

3.4 Interim Care and Protection 3.4.1 Safe Places for Children41

Approved by majority with changes by styling committee. Proposal to add `to disseminate information' at the end of the sentence 38 39 Proposal of workshop group: change heading `MOU' to `Mechanism Approved by majority Proposal of workshop group: Insert as separate paragraph under `National Mechanisms'; `States shall be responsible to train all relevant agencies about the referral and coordination system so as to ensure prompt and appropriate response for child trafficking cases. Approved by majority 40 41 Proposal of workshop group: insert `for disseminating information and' after referral unit Approved by majority Proposal of workshop group: Insert a new item: `State should set up a monitoring mechanism to oversee, regulate and evaluate shelters and services. Approved by majority.

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Special shelters, homes and crisis center for victims/survivors of child trafficking should be built. State Parties must provide the necessary financial support to maintain the daily operations of the facilities42. Shelters, homes and crisis centers must be supported by well-trained and competent staff, such as but not limited to, social workers trained on the case management of trafficked children43 Children shall not be detained in detention centers, police cells, prisons or other detention centers for children and/or adults44.

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3.4.2 Support Services

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Care and assistance shall respect the child's cultural identity/origin, gender and age45.

42

Proposal of workshop group: replace `special' with `safe, secure and child friendly' Approved by majority Proposal of workshop group: after `child trafficking' delete `should be built' and add `must be provided. Existing facilities should be improved to accommodate the needs of the victims.' Approved by majority

43

Proposal of workshop group: Add `a sufficient number of' before `well trained and competent staff' Approved by majority Add `The gender balance of the staff should be taken into consideration.' at end of paragraph. Approved by majority

44

Proposal of workshop group: after `children and/or adults,' add `or private houses of law enforcement authorities. [MAYBE this should say under custody of law enforcement authorities] Nor shall shelters be located on military bases or other inappropriate locations.' Philippines ­ just want to be clear that children are given shelter in the destination country. It should be explicit that shelters are open to foreign nationals. M.Binjsdorp: All the guidelines apply to all trafficked children, no matter where they are from. A.saguisag: There is a general principle of non-discrimination Suggestion withdrawn. Proposed changes of workshop group approved by majority

45

Proposal of workshop group: insert `religion' after `identity/origin' L. Balanon ­ maybe we should refer to ethnic identity/origin rather than cultural identity/origin Faith and religion are different, both should be included. Agreed to add ethnic/ before cultural and also changes as proposed by workshop group. It should read `Care and assistance shall respect the child's ethnic/cultural identity/origin, faith, religion, gender and age.'

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State Parties shall ensure security from threat and reprisals from traffickers, food and accommodations, access to health-care and psychosocial support by allocating allocate the necessary budget46. Counseling, educational and alternative livelihood/skills training shall be made available to the children and their families47.

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Proposal of workshop group: insert `annual' between `necessary' and `budget'. Wanted to ensure that the budget was allocated on a regular basis. In the Philippines budgets are prepared on an annual basis. Approved by majority

47

Proposal of workshop group: Change item to: `Immediate counseling and legal aid shall be made available to the children and their families through an effective referral system at regional and national levels.' Workshop group ­ took out educational and livelihood skills training because felt that this was not necessary at interim stage, especially straight after initial contact. Not sure how long interim care period is. M.Binjsdorp: It is difficult to define how long each period is (eg: initial contact, interim care, durable solution etc). A.Saguisag: Detection and identification leads to initial contact. Initial contact may last several hours or several days. Interim care stage follows. This is when intervention planning takes place. Also includes identification of long term solution. This may take several months of a couple of years. Child may be in a shelter. During this stage, education and training is still provided. Maybe family is not ready to have child back, maybe governments are negotiating for repatriation etc. Interim stage is still temporary but might take several months or several years. Durable solution is when child is returned home etc. W.Chaimontree: It is important to be clear about extent of interim care. There are different expectations between social workers and child. When you say provide educational opportunities, SW may expect that the child completes this. Child may be ready to go home before education finishes. Need to be clear about purpose of keeping child in interim care. Is it for counseling, case management, professional development? A.Saguisag: It is for entire case management process. You cannot pinpoint how long it will take. By fixing the time period and putting it and putting it in the guidelines it may work against us in the long run. Agree that shouldn't' set time lines, but need to be clear on what is the objective of the interim care period. Should focus on counseling and recovery of child. Education or training may be added on or not, depending on case. It may or may not begin while child is in process of interim care. G.Gonzales: Interim care is not only about intervention planning but appropriate services should also be given, depending on assessment of service provider. During this stage need to identify the limitations of the helping relationship so child doesn't stay in center for a long time. M. Carpizo: We cannot set a period of time. Children need to be handled in a unique way, they recover in different ways. By focusing only on counseling and legal care, we are depriving child of right to education. Assistance should not be limited. Need to focus on what we are trying to achieve in each period. Both types of care can begin in parallel if the child is ready. Not saying that interim care is limited to legal and counseling. Just want to separate the focus of the care. W.Chaimontree: Training is based on individual needs of children. By putting livelihood skills training it makes it a standard that should be given to every child. But it is important to give assistance that is appropriate for each individual child. In Thailand there is a government shelter for children which government and NGO are both proud of. Myanmar

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3.4.3 Legalization of status

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State Parties shall establish policies and procedures to ensure that child victims, who are not nationals/residents of the country in which they are found are not treated as illegal immigrants48.

officials now want to set up a similar shelter so that victims have to spend time in shelter in Thailand and then go to next shelter in Myanmar. A.Saguisag: Then they are not following the standard. The standard is not saying that victims should go from shelter to shelter. Legal aid is not an immediate process. Sometimes it takes children 2 ­ 3 years to want to file a case. At the beginning they want to focus on restoring social functioning (which often includes education and training). By including these it doesn't mean that all children have to go through all processes. M.Carpizo: The purpose of case management is to determine real needs of child. Doesn't mean that if a child is in center that s/he has to receive all programs of the center. Programs and services should cater to needs of child and readiness and acceptance of child M.Binjsdorp: There should be a needs assessment before education or training are provided. L. Balanon ­ there seems to be no disagreement. We agree that each child needs individual care, depending on needs. Legal aid may not be needed at early stage. Concept proposed: 1. 2. 3. `Immediate counseling, psychosocial services, legal aid and other support services based on the individual needs of the child which may include ...' Interim care is primarily for healing and recovery of child. `through an effective referral system at regional and national levels'.

Concept approved by majority to be styled by styling committee. Proposal by workshop group: Insert an item to effect that: `The shelter should provide an identification document which explains the child's status as a trafficked victim, if the child is found outside of the shelter.' A.Saguisag: What is the value of this? M.Carpizo: Are you referring to case study report? This is very crucial so that when child leaves the center and is referred to another center, s/he doesn't need to be interviewed again. A.M.Min: This is for trafficking across borders. Victims who are being cared for in a country that is not their own are subject to arrest on the street if they don't have identification. This document would help protect them. G.Gonzales: This is covered in legalization of status. A.Saguisag: It may label the child. An identification that a child is a resident of a shelter might be ok. Clarification ­ what they mean here is that identification should show police that the child has already gone through a process of interview. It is not intended to label the child. It can be a reference for law enforcement agency. If a child runs away from shelter and is found by LEA, this document will establish to the LEA that child has been interviewed. It is a document identifying child as a resident of shelter, to be used for tracing. M. Binjsdorp: It is primarily for tracking child. L. Balanon: The ID could be used for other purposes which may not be in the best interests of the child. This presumes that the child will be leaving. Would support idea of data base so child could be monitored. Approved that a guideline should be inserted in relation to the creation of a database ­ up to styling committee.

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For children without documentation, the country in which they are found shall assist the child to secure legal status such as, but not limited to, grant of a Temporary Humanitarian Visa49.

3.5 Social Case Management of Trafficked Children 3.5.1 Individual Case Assessment

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Each child victim/survivor is entitled to individualized assessment for the appropriate handling of his/her case, with the best interest of the child as the primary consideration. The social case management intervention plan should consider the preservation and integrity of the child's cultural identity50. The social services agency should prioritize and take immediate steps to locate family members and reunify the child with his/her family51.

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Cambodia, Indonesia and Vietnam do not normally issue identification to children in shelters. G.Gonzales: We need to protect privacy of victim. We don't need to give ID just for children for when they run away. A.Saguisag: We are not just talking about children running away A.M.Min: Children stay in shelters for a long time. They are not confined, they need to go out. They are subject to police harassment, informed on by local people. They need legal protection. It is a substitute for a visa, because a visa takes a long time. It should show that the child is temporarily, legally staying in the country. S. Vallada: Any person needs identification when they are in a foreign country. If they don't have this they will be treated as an illegal immigrant. This should be dealt with under legalization of status. They should request a document establishing the legal stay in country. A.Saguisag: I am concerned that the process of getting legal document takes time. Issuance of document by shelter will not address problem. This should be dealt with under regularization of status. Agreed not to include proposed guideline and to include it in legalization section and stress point that there should be immediate resolution of status and during this time child should not be subjected to harassment by authorities. 48 49 Proposal of workshop group: insert `legislation' after `shall establish'. Approved by majority Approved by majority without change [Although should incorporate changes approved above ­ refer to immediate resolution of status] Proposal of workshop group: insert `the victim child should be exempt from all government fees in the process' Approved subject to styling. 50 51 Proposal of workshop group: add `and religious' after `cultural'. Approved by majority, subject to styling committee (include ethnicity and faith) Proposal of workshop group: change to `The social services agency in coordination with their counterparts in the country of origin and destination should identify and prioritize necessary steps to locate the child's family in order to reunify him/ her with his/her family.

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3.5.2 Identification of a Durable Solution

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Authorities in both the country/place of origin and destination have the responsibility to identify the best placement option of the child. The process of identification shall be done in a dignified manner, and guided by the best interest of the child as the primary consideration52. In the process of identification of a durable solution, the nationality and citizenship of the child, family background and circumstances, risk of reprisal from traffickers and security capability of the country/place of both the origin and destination shall be taken into consideration53. The State shall appoint a guardian who may represent and assist the child during the identification process and implementation. The guardian's appointment shall continue whenever the circumstances require the guardian's continued presence to protect the interests of the child54.

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Approved by majority Proposal of workshop group: Insert new item `the person who will conduct the assessment must be a social worker or allied profession who has background / intensive training in social welfare and development' L. Balanon : Social welfare and development is very broad, maybe it should say `training on child protection'. Approved by majority. [The person who will conduct the assessment must be a social worker or allied profession who has background / intensive training in child protection.] Approved to add an extra guideline stating that the entire care and protection process should be done through a multidisciplinary team approach. 52 53 54 Proposal of workshop group: add `in partnership with non government organisations' after `destination' Approved by majority subject to styling Proposal of workshop group: insert `environment' after `family background' and before `and other circumstances' Approved by majority Proposal of workshop group: Change first sentence to `The State shall appoint a qualified guardian... ` At end of paragraph, add `The guardian should be provided by the State with the necessary financial support and protection while performing his/her tasks' (include guardian in the glossary of terms) Delegate from Japan: Won't giving financial support have negative effects? Motivations of guardian may be incorrect. A. Saguisag: In Philippines Guardian at Litem is voluntary G. Gonzales: Financial support does not mean salary, but should cover transportation costs etc for actual expenses. Approved by majority, subject to styling. Specify what financial assistance should be for ­ for performing tasks, not a salary or allowance.

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A child victim should not be returned to the country/place of origin unless suitable care arrangements have been established. The parents, guardian, relative, child-care agency and the government must accept responsibility for the care and protection of the child in the country/place of origin55. The views of the child, with due consideration of the age and maturity, shall be taken into consideration when considering the return to the place/country of origin and family reunification. All decisions made on his/her behalf must be subject to appeal.

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3.5.3 Implementation of a Durable Solution56

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In cases where it is in the best interest of the child to be returned to the country of origin, the authorities in the country of origin shall expeditiously provide travel documents and coordinate with the country of destination for the safe return of the trafficked child57.

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Clarification ­ before a child is returned, does the government of country of origin have to support the child? A. Saguisag: It is context of child having returned to country of origin. Approved by majority without change

56

Add new section: `Monitoring of the Implementation of the Durable Solution' Approved by majority Add: Both country of origin and destination should establish monitoring mechanism for the victim/ survivor to avoid retrafficking. Approved by majority Add: `The country of origin has to come up with a system/mechanism to monitor the implementation of the durable solution.' Approved by majority

57

Proposal of workshop group: Add `facilitate and provide financial support for the repatriation and safe return of the trafficked child.' after `expeditiously' Delete `provide travel documents and coordinate with the country of destination'. For styling, always refer to place and country (rather than just country). B.Mondragon: Child has been trafficked from country because it is poor. They will not be able to afford repatriation. M.Paller: Destination county should cover costs M. Carpizo: In our experience it is the country of origin that pays for repatriation. But sometimes funds are delayed. Sometimes there are expatriates that shoulder costs first. C. Miaco: By making the destination country pay, the country of origin will only allow more victims to be sent because someone else will pay. A. Saguisag: Country of origin should have primary responsibility for its own nationals. Return of its nationals should be its responsibility. M. Binjsdorp: Doesn't IOM do repatriation? A. Saguisag: You can't shift all responsibility to IOM.

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In cases where the return of the child to his/her country of origin is not in the child's best interest, adoption in the country of destination is a possible alternative parental care arrangement58. In cases where it is not in the best interest of the child to settle in any either of the country of origin or destination, the case shall be referred to the UN High Commissioner on Refugees to process the child's resettlement in a third country59. Long-term care arrangements should, as much as possible, favor family and community-based placement rather than residential care60.

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Approved by majority, subject to styling (consider issue of expeditiously facilitation) Delegate from Japan: What happens where child is refugee in Thailand from Burma and is trafficked somewhere else. Who pays for repatriation? W. Chaimontree: Thailand does not accept children back to Thailand even if they know that parents are in Thailand. They will send child back to Burma. Delegate from Japan: It is IOM that covers costs, but it is Japanese government that funds IOM. In this situation Japan is the country of destination. A. Abueva: Country of destination has moral responsibility to assist children that are trafficked to this country because they are brought in to provide a service that benefits country of destination. There will be no trafficking if there is no demand. Countries of destination should be held liable for damage to victims. M.Binjsdorp: When it is considered who is exploiting the child, it should be considered that it is often foreign nationals in a country who are recruiting other foreign nationals in the country. Options: 1. 2. 3. Country of origin shoulders costs of repatriation - 12 Country of destination shoulders costs of repatriation - 0 Make a list of priorities. Seek repatriation costs from country of origin first, if they don't have financial capacity, ask country of destination. If they can't help, go to international organizations (like IOM or UN). - 26 Option 3 adopted by majority, subject to styling. A. Larga: In protocol, it is country of origin that should shoulder expenses. The guidelines should reflect the protocol. Approved 58 Proposal of workshop group: replace original wording with `In cases where the return of the child to his/her country of origin is not in the child's best interest, alternative family care should be arranged in the country of destination. ' Approved by majority 59 60 Proposal of workshop group ­ delete `any either of' Approved by majority Proposal of workshop group: replace `residential care' with `institutional' care Agreed to include `residential/institutional care'

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Long-term care arrangements should include protection of the child and family against reprisals from traffickers, access to health-care, psychosocial support, social services, education and livelihood assistance61.

3.6 Access to Justice 3.6.1 Victim/Witness Security and Protection62

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Child victims have the right to `recovery time' before deciding whether or not to cooperate as witness in any legal case63. Child victims who agree to testify as witness in a trafficking case should be provided with special protection measures to ensure the child's safety and his/her loved ones64.

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Approved by majority without change. Question ­ sometimes it was family that sold child. Should protection still be provided to such families? A. Saguisag: This guideline presupposes that the trafficker is not member of the family. Does this need to be specified or should it just be implied? A. Abueva: Not whole family will be trafficker. Still need to protect the rest of the family. Agreed that it is implied that if family member is part of trafficking operation, s/he is not entitled to protection.

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Insert new item saying `the media should respect the child's right to privacy and confidentiality of all proceedings' Approved subject to styling Proposal of Workshop Group: insert `after a proper assessment' after `recovery time'. Assessment is to determine how long the recovery time will take. This should be determined by a social worker or psychologist. Options 1. 2. 3. Maintain original wording Adopt proposal of working group Add extra item that says `a proper assessment should be conducted to determine the needs of the child to be able to fully cooperate in the case. Option 3 approved by majority, subject to styling. Need mechanism to know recovery time of child. Assessment is to determine if the child is prepared to decide whether to go ahead as a case.

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Proposal of Workshop Group: Insert `covered by special protection law and provided other measures' after `trafficking case should be' and `if necessary' after `ensure the child's safety' R. Larga: In some jurisdictions there is no law providing special protection to child victims who are willing to testify A. Abueva: We may be asking governments to make too many laws. The witness protection law should be utilized here. Intention is to provide child safety and security during and after case. D. Perez: We mean to say that only children at risk should be protected, not just all children who agree to testify. R. Larga : It is difficult to limit protection only to those children who are at risk. Usec Balanon ­ maybe we should return to original wording ­ laws can be part of measures. Should not include loved

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The State shall adopt special procedures in court that are sensitive to the developmental capacities and situation of trafficked children. This may include the conduct of depositions, admission of video-taped interviews, etc. to minimize the need for the child's physical presence in the court room and confrontation with the traffickers during trial65. At any stage of the investigation, prosecution and trial of any criminal or civil proceeding, the right to privacy of the child shall be protected and confidentiality of the proceedings shall be ensured by the law enforcement and judicial authorities66.

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3.6.2 Criminal Proceedings

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The child victim has the right to be fully informed, in his/her own language, of the risk and security issues, criminal investigation and trial procedures prior to deciding whether or not to testify in the criminal proceedings67. The child, at all stages of the criminal proceedings, including police investigations and interviews, will be provided with free legal representation, who shall act in the best interest of the child

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ones in the guidelines. Should be family. Thailand ­ loved ones should be put in there to cover not only families but other important people. L. Balanon ­ could use `persons significant to the child'. Approved by majority, `Child victims who agree to testify as witness in a trafficking case should be provided with special protection measures to ensure the child's safety and if necessary his/her family or other persons significant to the child.' 65 Proposal of Workshop Group: add `separate schedule of testimony and other practical schemes etc' after `video-taped interviews' Indonesia ­ to avoid confrontation between child and trafficker, child is present in court without trafficker. Approved by majority Also proposed - and at end of item, insert `When possible, the State shall establish a special court for children which as facilities for child friendly court proceedings ie: video conferencing, qualified translators/interpreters. Approved 66 67 Proposal of Workshop Group: Insert `and service providers' at end of sentence. Approved Proposal of Workshop Group: insert `must' instead of `has the right to' between victim and be Approved

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The taking of a statement by any law enforcement authority or court shall not inhibit or delay the child's return or reunification with the family. As much as possible, and whenever it is in the best interest of the child, the testimony shall be given at the soonest possible time68. Imposable penalties should include the confiscation of the assets of the traffickers.

­

3.6.3 Civil Proceedings

­

The child victim, his/her family and guardian should be informed that the child has a right to initiate civil proceedings to claim compensation for damage against traffickers and other persons involved in their exploitation69.

68 69

Proposal of Workshop Group: make the word `inhibit' more simple. Agreed to change `inhibit' to `prevent' Proposal of Workshop Group: include `and encouraged' after `informed'. Clarification ­ who would encourage child? Law enforcement agencies feel that they shouldn't do this because they need to be independent. Should it be role of social worker? C.Miaco: It will be the social welfare service providers who should encourage S. Roman: The idea of including this came from fact that the case of trafficking is very serious and something that should be combated. State should encourage child to proceed with case. A. Saguisag: Maybe it should be under criminal proceedings? D. Perez: This issue is already covered under the third point. We do not need to include in this point that child has the right to initiate civil proceedings, just that s/he has the right to compensation for damage.

`

The child victim, his/her family and guardian should be informed that s/he has the right to claim compensation for damage against traffickers and other persons involved in their exploitation.' S. Roman: It should include `encourage' under civil and criminal. Delegate from Thailand: In group `encourage' came under civil proceedings. Encourage may be manipulating, pressuring or dominating child. Going through trauma of another case may not be in the best interests of the child. It was only discussed in relation to civil proceedings C. Miaco: Encouragement can be pressuring or can be more general. Claiming compensation can also be in the best interests of the child. Delegate from Indonesia: Who should encourage the victim to claim compensation? Only lawyer? Should not be police because s/he should be independent. If encouraged is put there, then may need to exclude police. It is better to specify who is responsible C. Miaco: It is better to remain open. If it is unethical for police to encourage, then they shouldn't' encourage. X ­ maybe it should say `if possible, encourage'. A. Saguisag: We have different systems. If we specify, it may exclude other countries. Delegate from Cambodia: In Cambodia only the lawyer has the right to inform the child about right to claim compensation. They do not encourage, they only inform. A. Abueva: need to be clear if all children have the right to claim compensation before we tell them they have the right to claim compensation.

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­

In cases where a criminal case is instituted, the civil proceedings to claim compensation for damages should be considered as impliedly and simultaneously instituted. In these cases, the State prosecutor shall serve as legal counsel for the child victim and his/her family and make the necessary representations to move the civil proceedings forward70. The child victim and his/her family shall also have the option of filing a separate claim for compensation, subject to defined procedures to be adopted by the State. The State shall also provide free legal representation in these situations. (The Workshop group proposed to insert a new section based on the Philippine guidelines. The group felt that the Bohol Document was insufficient, it required the service providers to protect themselves. Decided to adopt Philippine measures to ensure better protection for service providers.)71 72

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R. Larga: In case criminal proceedings are not pursued, then victim has option to claim compensation for damage suffered. We have varying legal systems and in some cases you may not have right to claim compensation. A. Abueva: need to say `if applicable' K. Sirivath: should include `applicable' C. Scherie: saying `encouraged' means that you are not taking into consideration the best interest of the child or his/her views. Options 1. 2. include word `encouraged' ­ 7 do not include word `encouraged' ­ majority

Agreed to change to: `Wherever applicable, the child victim, his/her family and guardian should be informed that s/he has the right to claim compensation for damage against traffickers and other persons involved in their exploitation. 70 Proposal of Workshop Group: delete `State'. Approved by the majority Suggestion to make guideline more simple throughout, using more common words instead of technical terms and words that are not understandable to all. -document can be translated later. A. A. saguisag: Maybe we can consider this in action planning Abueva: we need to make sure we have good translations later on. If we oversimplify the document, we may lose

the essence of technical terms. Will consider this issue again once final document is reviewed. 71 72 Care and protection for Direct Service Providers Just compensation Proposal of workshop group: The State shall provide just compensation for direct service providers who suffer harm or injury in relation to the delivery of direct services for children, especially those resulting from or likely to be the result of reprisal from traffickers. Approved

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3.7 Capability building for Frontline Personnel 73 3.7.1 Training of Persons Working with Child Trafficking Victims

­

All personnel working in agencies tasked to provide assistance to trafficked children shall undergo education and training programs which shall, at the minimum, include the following topics: the child trafficking situation and issue,

Legal Assistance Proposal of workshop group: The State shall provide legal protection and/or free legal assistance to direct service providers who are subjected to harassment suits filed by traffickers, which shall include legal counseling, preparation of pleadings, filing of action in courts and legal representations in criminal, administrative and civil proceedings. D.Perez: what type of legal protection is envision other than free legal assistance? B. Mondragon: This was considered under Philippine guideline relating to `immunity from suit'. It was considered that this was too strong to be included in guideline. Wanted to leave it open to governments to determine what kind of legal protection. A. Abueva: legal protection may include protective custody, where social worker takes custody of a child. This is a type of immunity from suit. Delegate from Thailand : why is there `and/or' and not just `and'? M.Paller: legal protection was meant to mean immunity from suit and other examples. Options: 1. 2. include phrase `legal protection' - 21 do not include `legal protection', limit to free legal assistance ­ 7

Option 1 adopted by majority] Security Proposal of workshop group: The State shall ensure the safety of the service providers from all forms of violence, threats, harassment arising from their intervention to victims of child trafficking, to include their family. Approved subject to styling: The State shall ensure the safety of the direct service providers and their families from all forms of violence, threats, harassment arising from the performance of their duties in providing assistance to victims of child trafficking. Support System Proposal of workshop group: Care givers and other social support and welfare service providers should be given support through training and exchanging workshop for education on security and protection measures against reprisals from traffickers and other areas such as, but not limited to, stress management, caring for oneself etc M.Binjsdorp: This is a combination of Philippine guidelines and Bohol document. Combines idea of support system with capacity building (last point in BD) A. Saguisag: What do we want to achieve here? Trying to build capacity? It is not a support system. In Philippine guideline, support system was about fostering system of cooperation and venue for sharing etc. M. Carpizo: Can this point be put under 3.8 (Capacity building for service providers) and include `stress management, caring for oneself etc'. Should include separate item about support system. G. Gonzales: Move this to section on capacity building.

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international treaties and national laws and policies to address trafficking in persons, the psycho-dynamics of the child victim, proper documentation and data collection about the child trafficking phenomena.

­

Community awareness seminars and trainings should be conducted to inform children, families and communities about the phenomena of child trafficking.

M. Paller: It should be moved to section on capacity building. Don't need to add section about support system as in Philippine document. This is already covered in cooperation section. Approved to move this section under 3.8 and include training on security measures, stress management and care for caregivers. A. Saguisag: Support system is aimed to help in learning, not delivery of services, as opposed to section on systems of referral. The Philippine guideline says: ` The state shall foster a climate of cooperation and support of direct service providers and provide venues for sharing of learning of experiences.' `Direct service providers are encouraged to support each other and cooperate and coordinate with each other until the final determination and termination of specific cases of child trafficking.' A. Saguisag: System of referral, coordination and cooperation relates specifically to individual cases. M. Paller: It is not necessary to have this section as well as the section on referral and cooperation L. Balanon: Support system is more on moral support, providing encouragement to each other. Delegate from Thailand : I agree that you need moral support. The second point above (Phil guidelines) is unnecessary. A. Saguisag: Support system is aimed to help in learning, not delivery of services, as opposed to section on systems of referral. The Philippine guideline says: The state shall foster a climate of cooperation and support of direct service providers and provide venues for sharing of learning of experiences.' `Direct service providers are encouraged to support each other and cooperate and coordinate with each other until the final determination and termination of specific cases of child trafficking.' A. Abueva: The first bullet refers to general sharing and learning of experiences. Second bullet refers to specific cases. is important that support team is intact until the case is terminated. S. Vallada: I fully support the idea of Amihan because it is very difficult when you are left alone and there is no support system to Don't want to use term `moral support' Delegate from Thailand: We need to be specific, use `psychological and emotional support' Delegate from Japan: It is not the State's responsibility to provide emotional support R. Larga: It should be more of a mechanism for supporting direct service providers. Agreed to include section on support system as follows: `The state shall foster a climate of cooperation and necessary support system for direct service providers and provide venues for sharing of learning of experiences.' `Direct service providers are encouraged to support each other and cooperate and coordinate with each other until the final determination and termination of specific cases of child trafficking.' 73 Capacity building for law enforcement communities, service providers (for styling committee) Communities It

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Drafting the Regional Guidelines

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Law enforcement personnel, prosecutors, judges, care givers and other social support and welfare service providers should be given special training on the treatment of child victims and handling of cases of trafficking in persons. Care givers and other social support and welfare service providers should be given special training on security and protection measures to protect themselves from reprisals from traffickers.

­

Proposal of workshop group: Community awareness seminars, activities and trainings should be conducted to children, families and communities for them to take actions to address the phenomena of child trafficking. Approved by majority. Persons working with child trafficking victims Proposal of workshop group: Personnel capacity building must begin with Training Needs Assessment and followed by Planning, curriculum, monitoring and evaluation Essence of guideline is that training must be based on actual needs. G. Gonzales: Part of conduct of training includes TNA, planning etc. Does it need to be included in guideline. A. Abueva: maybe context of this item is about the fact that training is often developed from above, rather than from the ground. It should be based on the needs of the participants. Maybe don't need to specify it in this way (specifying training process), except to say training should be based on needs. L. Balanon: This relates to fact that training is often not based on needs and often not implemented in practice. Agreed that wording is not correct. Systematic programs for training/ capacity building for service providers should be developed based on the actual needs and social cultural situation, including periodic monitoring and evaluation. Approved by the majority subject to styling Proposal of workshop group: `All personnel working in agencies tasked to provide assistance to trafficked children shall undergo education and training programs which shall, at the minimum, include the following topics: human rights, child's rights, gender sensitive, STD, HIV/AIDs, the child trafficking situation and issue, international treaties and national laws and policies to address trafficking in persons, the psycho-dynamics of the child victim.' Approved by majority, subject to styling Proposal by workshop group: All personnel working agencies tasked to provide assistance to trafficked children shall be given practical skills, at the minimum, include psychological and legal counseling, case management of child victims of trafficking, protection and care of child victims, STD, HIV/AIDS, social reintegration, facilitation, proper documentation and data collection on child trafficking cases, child focus interviewing method and follow-up monitoring. K. Saito: These skills are not necessary for all personnel, they depend on functions. Suggestion to combine this with previous point. Agreed to improve this point, subject to styling. Include training about stress management and care for caregivers.

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Proposal by workshop group: States are responsible for allocating the necessary funds to conduct capacity building activities including training needs mentioned in this guideline and the training in this guideline itself. M. Binjsdorp: This is meant to cover all trainings mentioned in the guidelines as well as the ones in this section. Ask state to allocate necessary funds to conduct capacity building activities M. Paller: It should also cover training about the guidelines itself. Agreed to add `training in the use of these guidelines' into 3.8.2.1, after HIV/AIDS Approved, subject to styling States are responsible for allocating the necessary funds to conduct capacity building activities. [for all training mentioned throughout the guidelines] Judges, prosecutors are part of service providers

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PART 6

PAPER PRESENTATIONS AND PANEL DISCUSSION

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Paper Presentations

Systems of Referral and Coordination in Batam

Edi Wasito Outreach Coordinator, Yayasan Mitra Kesehatan dan Kemanusiaan-Batam Community education training activity was conducted in Jakarta in 2003 to develop and customize the module and popularize trafficking issue to communities. In 2005, a consultative meeting on the referral system was held in Yogyakarta to set up and develop referral system for children victims of trafficking. In community education, a module was developed where the issue of gender, reproductive health, HIV/AIDS, human rights and co-dependency were integrated into the discussion. As a result, more gender sensitive trainers were developed. There is more selective recruitment of Indonesia ACTs members. More health care providers become partners of YMKK and awareness was generated on the issue of codependency and empowerment. The Training of Trainors for Community education was participated in by 10 students, members of ethnic groups, religious groups, employees of companies and migrant workers. There were also health care providers composed of doctors, midwives, nurses and counselors.

Community education participants based on age, Batam, Agust 2005 to Jan 2006, N=1078

1 000 800 600 400 200 0

1 t 8 ahun >1 t 8 ahun

Community education participants based on age, Batam, Agust 2005 to Jan 2006, N=1078

1 000 800 600 400 200 0

1 t 8 ahun >1 t 8 ahun

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Achievements of referral system in coordination with the government, private organizations, UN organizations and NGOs

In terms of rescue, provision of temporary shelter and recovery, the Women's Empowerment at the City Mayor's Office takes charge of providing shelter and assistance for recovery. The Social Welfare Department identifies the victim and takes charge of deporting migrant to Malaysia. Police Office provides rescue support and public hospital takes responsibilities of the recovery, treatment and check-up of the victim.

Indonesia ACTs and the International Organization for Migration (IOM) coordinates referral for repatriation, reintegration and recovery of the victim. Komisi Migran dan Perentau (KMP) helps in shelter referral. Sirih Besar NGO identifies victim in Riau achipelago and Tanjung Pinang. The private clinic and maternity hospitals is the place for recovery treatment and check ups. ICMC on the other hand provides support to the vicxtim and conducts capacity building for government shelters. UNIFEM Singapore conducts campaigns against child sexual exploitation through media campaign and does advocacy work on extraterritorial law with law enforcement and campaigns against sex offenders (sex client) and traffickers.

Referral system

YMKK Outreach hotline Ministry of Women Shelter

Social welfare department shelter

Identification by community educators

screening

Coordination and other assistance by YMKK

Reproductive health care counseling YMKK and partner clinic Return and reintegration Jakarta integrated recovery center IOM/Indonesia ACTs

medical

psychosocial

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Overview on Interim Care and Protection & Social Case Management

(Former) Undersecretary Lourdes Balanon Department of Social Welfare and Development-Philippines

Policies and Programs

Access Referral/ Outreach Intake/Engagement Community Family Data Gathering and Assessment

APPROACHES

· · · ·

Holistic Right-Based Life Cycle Family and CommunityBased Multidisciplinary

Education and Termination

Child

Best Interest of the Child

Service Delivery/ Intervention Planning

Implementation and Monitoring

AGENCY/ORGANIZATION

Figure 1. Case Management Framework

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Panel Discussion

Facilitated by Undersecretary Lourdes Balanon

Dr. Marcelina Carpizo

Katilingban para sa Kalambuan/Western Mindanao State University Katilingban para sa Kalambuan in Zamboanga City has dealt with 10 cases of child trafficking since 2002. Some of these children were approached by recruiter while they were coming out of their classes. One was recruited by her own mother. There was a case of 7 children who were trafficked to Zamboanga City from within the Philippines. In Zamboanga City there is no shelter available specifically for trafficked children. Therefore children were placed in shelter with street children. One child manifested signs of trauma as well as

bruises, had tried to escape while in trafficking situation. She was given immediate medical attention. In addressing the needs of trafficked children, immediate care and protection is very important. These include security, food, accommodation, access to health care, psychosocial support, legal assistance, social services and education. It is also important to take into consideration the following: 1. 2. 3. 4. 5. Respect the child's cultural identity/origin Respect the child's gender and age Adequately trained professional Appropriate assistance to children with special needs Establishment of appropriate services in partnership with GOs and other NGOs Individual needs assessment

6.

Trafficked children also needs safe and suitable accommodation and standard care for places where child victims are accommodated. The child, under no circumstances must be placed in a law enforcement detention facility or private house. Last but not the least, they need our personal touch or tender loving care.

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Mrs. Huyn Kiem Tien

Ho Chi Minh City Child Welfare Foundation Little Rose Warm Shelter is a center for abused girls (20) and trafficked children (15). IYM assists with cases of children coming from Vietnam who have been trafficked to Cambodia and then are brought back to Vietnam. A child was trafficked, forced to beg and work as a prostitute. Her debt increased everyday, she didn't know why her debt increased. She worked for about 1 year before meeting police who helped her escaped from the brothel.. Five of the fifteen trafficked children are not victims but `at risk'. There are 6 educators / social workers who handle the cases. Let me share with you one of these cases: They live in a remote area of DONG THAP province between the border of Viet Nam and Cambodia. They are farmers and it is very difficult for them to earn money. They have a 12 year old daughter and a 7 year old son.

One day her husband died of serious illness. Three years later, she got married. But her second husband hated her daughter, so she decided to send the daughter to Cambodia with her neighbor. This neighbor promised to look for a good job for her daughter. She thought that her daughter's salary can help her and her husband will not see and hate her daughter any more. When the daughter reached Cambodia, the neighbor forced her to work in the brothel. The girl worked very hard and was beaten everyday. She was treated as a slave and was forced to pay increasing debt and interest although the girl didn't know the reason for the big debt. One day a Cambodian police came and rescued the girl from the brothel owner. Later on the girl was reintegrated to her family with the support of IOM. With the girl's consent, The Women's Union in Dong Thap sent her to The Little Rose Warm shelter. She is living there safety and undergoing psychological therapy and treatment.

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Paper Presentations

Ms. Rupa Rai

Caritas Nepal The Asia Partnership for Human Development has a regional program on anti-trafficking of women and children in Southeast Asia. The emergence of the issue was identified in 1998. After that, there was an exposure in Nepal in 1999 and a consultation workshop at each partner agency. We also implement the National Program against trafficking. We have developed partnership in implementing rehabilitation program for rescued girls from brothels/circus. A Training on Trainors was conducted in Sri Lanka in 2001 and then the emergence of a regional program becomes imperative. The aim of the Regional Anti-Trafficking Program of APHD is to prevent the trafficking of women and children in South Asia. So far, the program has achieved the following: 1. 2. 3. 4. 5. 6. 7. 8. completion of a resource directory capacity building of partner agencies on the issue strengthening of national partnership sensitization of communities interest of the church structure on the issue regional research in Kathmandu regional research coordinator was selected some partner agencies are recognized by the government on the issue 9. representation and sharing of the regional program at the international level

10. compilation of case studies (From Despair to Hope) 11. regional poster 12. Training of Trainors on advocacy 13. Developed concept paper for PanAsia Program The following are our on-going activities: 1. 2. 3. sharing the materials on the issue sensitizing the communities through the National Program Sharing with other National and International agencies about the activities

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Our future activities include pre-planning meeting for the Pan-Asia Program, continue the on-going national program for the prevention of trafficking and HIV/AIDS and develop a Pan Asian Anti-Trafficking Program. Let me share with you a case of trafficking survivor: The child was trafficked by her uncle. The uncle told the father that the child was very beautiful and she should study in Kathmandu. The father agreed but the uncle was actually planning to take her to India.

The uncle left her along the way. She was taken to a brothel in India. The uncle told her to stay with woman and that he would take her to school. He raped her. She stayed in the brothel for 2 years. With help of friend she ran away and went to rehabilitation center for 3 years. She was given various social services. She has now gone home, is married and has her own child. She is now resource person for training. She was participant then in the Second World Congress against Commercial Sexual Exploitation of Children that was held in Yokohama, Japan.

Her Excellency San Arun

Undersecretary of State Ministry of Women's Affairs, Royal Government of Cambodia In Southeast Asia, Cambodia has become a sending, receiving and a transit country to trafficking. In country migration and trafficking happens from rural to urban and from province to province. It is a sending country to Thailand and onwards and to other part of Southeast Asia, USA and Europe. Cambodia is a receiving country for Vietnamese and East Europeans and is a transit country for Vietnamese, Chinese and South Asians. A tremendous amount of work has been done both by the government and civil society to actively combat human trafficking in Cambodia. Cambodia shows commitment to combating human trafficking by fostering regional collaboration and adhering to the relevant international instruments.

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Policy Framework

1. 2. 3. 4. Cambodia Millenium Development Goal Rectangular Strategy National Poverty Reduction Strategy from 2005 to 2009 Cambodia National Council for Women's New Five year Monitoring Plan National Drug Control Master Plan from 2005 to 2009 Commitment to regional collaboration and adhering to the relevant international instruments like the Coordinated Mekong Ministerial Initiative Against Trafficking (COMMIT) Second Five-Year National Plan of Action against Trafficking in Persons and Sexual Exploitation for 2006 to 2010 establishing the National Council for Children National Plan of Action on Elimination of the Worst Forms of Child Labor for 2004 to 2010 Establishment of a National Task Force Against Trafficking in Women and Children

Prevention

Prevention has centered on informing the dangers of trafficking and exploitation and the risks associated with unsafe migration. The Ministry of Women's Affairs is responsible for prevention. Its other partner ministries are: 1. 2. 3. 4. MoI (Department of Anti-Human Trafficking and Juvenile Protection) MoT (Child Safe Tourism Commission) MoEYS (Pilot Programme on Preventive Education) Finland funded Project on the Prevention of All Forms of Trafficking in Women and Children (MoWAIOM) USAID funded Counter Trafficking Information Campaign (MoWA-IOM) Awareness raising in schools and communities (Ministry of Education, Department of Anti-Human Trafficking and Juvenile JusticeMinistry of Interior) The Ministry of Tourism has put into place 9 Child Safe Tourism Commissions (CSTC) at the Municipal and Provincial Tourism Office: Phnom Penh, Siemreap, Kratie, Prey Veng, Kampong Cham, Oddar Meanchey, Svay Rieng, Sihanouk Ville and Banteay Meanchey. These committees

5. 6.

7.

5. 6.

8.

9.

7.

The Royal Government of Cambodia is active in the areas of prevention, protection, prosecution and return, recovery and reintegration.

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Criminal Justice Response

The law embodies four imperatives: The effective recognition of human rights The elimination of all forms of sexual exploitation The effective elimination of human trafficking The elimination of discrimination in respect of children and women

The Legal Framework

The constitution of 1993 New draft law on the Suppression of the Kidnapping, Trafficking and Exploitation will employ UN definition of trafficking New laws on Prevention of domestic violence and protection of victims Cambodia ratified the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (November, 2005) Revision of the Criminal Code, Civil Code and Civil Procedure Law led by the Ministry of Justice Established a school for judges and prosecution

have provided training to tourism staff guides, private tourism business sectors, children and to educate teacher and local authorities. 8. Ministry of Justice collects data on human trafficking to document, monitor and evaluate the cases that have been solved to identify strategies to prevent and combat human trafficking. Ministry of Labour-new labour laws. Plans for a database that will register, process and monitor migrant workers, monitor key labor migration trends and provide an information base for policy development.

Protection

The Ministry of Women's Affairs-Legal Protection Department provides support to victims of trafficking and sexual exploitation and has the authority to intervene to protect the rights of the victim and ensure their safety and well-being. MoWA works closely with the Ministry of Interior, the Ministry of Foreign Affairs and the Ministry of Justice. MoWA can refer urgent cases directly to the Prime Minister. Founded in 2002, the Department of AntiHuman Trafficking (Ministry of Interior) deals with cases of sexual exploitation, trafficking, rape and debauchery. A 24-hour telephone hotline was put in service. The Department compromises 7 bureaus in key provinces an d municipalities throughout the country- a regional first.

9.

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Arrest and Prosecutions · Establishment of of Interior on 13

May 2002

·

During 2005 the MOI increased its overall efforts and investigated a total of 398 cases, involving 431 offenders and rescued 787 victims. This represents a significant increase on 2004. MOI continues to work with the Australian government in implementing the Asia Regional Cooperation Project to Prevent People Trafficking ­ a Sub-Mekong Regional Plan of Action which includes providing police training in/ from Thailand, Laos, Myanmar, and Cambodia Capacity building for judges and prosecutors has increased prosecutions ­ inclusion of videotaped evidence from undercover police work, in some cases child has not been required to testify MOJ and the MOI have initiated a provincial level scheme to increase closer cooperation, information sharing and collaboration between the provincial courts, the police and NGOs concerned with trafficking. This is accomplished through development of an agreement through development of an agreement on the

roles, responsibilities, and procedures for each type of agency involved in providing justice to victims of trafficking; supporting the agreed upon standards of evidence of trafficking cases; and provincial meetings and mentoring.

·

Return, recovery and reintegration

The Ministry of Social Affairs, Veteran and Youth Rehabilitation provides a range of services for trafficked children (MOSVY). With the assistance of IOM and UNICEF, MOSVY has been developing a national child protection policy that sets the standard for the care , recovery and reintegration services for victims of trafficking, particularly children. Under MOSVY, the Cambodian National Council for Children has created three sub-committees: The subcommittee on child labor and other forms of sexual exploitation and the subcommittee for legislating child-related laws. In partnership with the IOM, the MOSVY regional programme started to implement the return, reintegration of trafficked and other vulnerable women and children in selected countries in the Mekong Region. This programme has set up structures and has been assisting victims who are returned from Thailand, assess their situation, send them to recovery centers and prepare them and their families for reintegration. In cases where reintegration is not yet possible, long

·

·

·

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term recovery assistance is arranged. In the most recent phase, alternatives to institutional care are also a priority. A similar system is currently under development with Vietnam. With technical support from IOM, a Coordination and Documentation Center was established as part of the monitoring system and a resource for case management. MOSVY is currently taking concrete steps to implement the MOU between Thailand and Cambodia. This initiative will facilitate wider range of services for victims, including promoting cooperation between victim support and law enforcement agencies in seeking justice for victims. The Ministry of Foreign Affairs works through embassies to offer support and arrange repatriation of trafficking Victims e.g. in Malaysia.

·

UNIAP established database and information and shared between Ios, NGOs and government and lately the list add up to more than 180 members

Sub-Regional Plan of Action · Improved systems to identify victims

ensuring their removal from the trafficking situation. Victims must be safe from immediate deportation based on charges of illegal migration.

·

Improved cross border cooperation with regards to information sharing on trafficking issues between law enforcement officials, local authorities and NGOs Increased capacity skills of law enforcement officials and a strong legal framework across the region. Establishment of fully mandated working groups in each country to serve as focal points for all cross border cases Action plan will establish guidelines to monitor implementation of bilateral and internal agreements More emphasis will be placed on men as potential victims e.g. fisheries, farm labor and construction work

·

· Regional Cooperation and Networking · Cambodia has signed extradition

agreements with China, Lao PDR and Thailand

·

·

Signing of the Framework Agreement on ASEAN Cooperation in Tourism which includes a provision to penalize the exploitation of women and children COMMIT Process ­ MOU signed (Yangon October 2004), regional Plan of Action agreed (Hanoi, March 2005)

·

·

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Open Forum

Question to H.E San Arun: You mentioned that men are also trafficked. Can you please elaborate? Answer : L..Balanon: There are cases where men try to migrate and are stranded in places. Men complain that care is only for women. Men are also trafficked but it is women and children who are more vulnerable. Palermo Protocol refers to `trafficking in persons'

Question to Vietnam: Funding from IOM helped victim. Does victim need to return money to IOM? In Laos, IOM supported vocational training and then gave money for income generation. The recipient had to pay back the money for income generation. Answer : Cambodia: In Vietnam, IOM sponsors victim's stay in RWS for 4 months (food, shelter, training, therapy etc). There is no income generation program. IOM sometimes pay for return air fares of victims, this does not need to be paid back. When it comes to loan projects / programs, they have to pay back, with low interest. Victims pay very minimal amount for training, so that it doesn't become dependency. Victims don't have to pay back but there is monitoring of funding used.

Philippines: Nepal:

Question to Philippines : What is the success rate of prosecution of trafficking cases? Answer: Of 10 cases since 2002, 7 cases are filed in court since April 2003. Hearings are ongoing. We hope that verdict will be handed down in April or May. Six victims have already testified. There have been many instances of relatives of children approaching children to tell them to desist in case. Parents agreed to cooperate. New Philippine law on trafficking was passed in 2003. So far there have been 7 convictions. 1st was from Zamboanga City.

L. Balanon:

Question to Cambodia: From government's side, do you have any comment about how to make MOU effective?

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Answer :

In COMMIT process, 6 countries signed the MOU, very quickly. Then an action plan was drafted. Most of action plan relates to capability building. Such a large MOU is hard to work with. It is easier to have bilateral agreements. Often Vietnam will drop large numbers of victims in Cambodia but the Cambodian government doesn't have the capacity to take care of the victims. Communication between countries is important. To work with government of Thailand, you must have an MOU.

Access to Justice in the Philippines

Deana P. Perez Senior State Prosecutor Department of Justice

Trafficking in persons has three elements: act, means and exploitative purposes. In child trafficking, means is not required. It has also higher penalty and is not bailable. The legal protection to trafficked child includes provision of free legal services from the Commission on Human Rights, Integrated Bar of the Philippines and the Department of Justice-National Prosecution Service; legal representation, legal counseling and protection of rights.Trafficked victim has the right to privacy and confidentiality at any stage of the investigation, prosecution and trial wherein law enforcers, prosecutors, judges,

court personnel, medical practitioners and the parties are enjoined. Closed door proceedings is encouraged. The penalty for the violation of this right is 6 years imprisonment and a fine of not less than 500,000 pesos. The Supreme Court also came up with the rules on examination of a child witness:

·

Minimum presence in court and avoidance of confrontation with traffickers Protection from harassment and undue embarrassment

·

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·

Develop mentally appropriate questions posed thru interpreter or facilitator Exclusion of other persons with no direct interest in the case and confidentiality of records Presence of the support persons; use of emotional security blanket; testimonial aids

·

Its also necessary to inform the child his/her specific participation in the proceedings Also discuss risks and security issues

·

·

·

Under the witness protection program, there are certain requirements for admission to fulfill:

· · ·

The testimony is to be used in a trafficking case or related case The testimony can be corroborated This program is intended for the child or family members subjected to threats or likelihood of being killed, forced, intimidated, harassed or corrupted.

The child has the right to information in criminal proceedings:

· ·

The information must be in the language known to the child The right to information must be afforded before seeking for the decision whether to testify or not The process of investigation and trial and his/her rights must be explained to the child

·

Witnesses also have duties and obligations to fulfill:

· ·

To testify before a court and provide information Avoid commission of a crime Avoid detection of the protection provided Cooperate with officers and employees providing the protection Inform program officers of activities

The benefits of the witness protection program include security protection, financial assistance, housing facility, traveling expenses, medical and burial benefits.

· · ·

The benefits of the witness protection program include security protection, financial assistance, housing facility, traveling expenses, medical and burial benefits.

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Paper Presentations

Victims of violent crimes like rape, offenses resulting in death or serious physical and/or psychological injuries, permanent disability, insanity, abortion, serious trauma, or committed with torture, cruelty or barbarity, are compensated. It is important however that application for victim's compensation be made within 6 months from death or injury. Applications are usually resolved in favor of the claimants. The claim for damages is filed and tried simultaneously with the criminal offense. The prosecutor acts as counsel in the case. Separate filing for damages is also allowed. The trafficked persons are exempted from

the filing fees and the damages are paid by the traffickers. There are three main things however that need to be done: 1. recovery time for child victims before deciding to cooperate as a witness/ complainant free legal representation during police proceedings and interview legal representation in civil proceedings.

2. 3.

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PART 7

ACTION PLANNING

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Action Plans

Action Plans

Objective: To concretize how to make the guidelines a reality in Southeast Asia:

at the country level and at the regional level, from 2006 to 2008

Thailand

Objectives

To prevent trafficking through participation of young people

Strategies

To provide TOT for children in 50 model communities on prevention of trafficking To develop culturalsensitive curriculum and educational materials for school children

Indicators

Establishment of children network in 7 target provinces

Timeline

2006 to 2008

to advocate and strengthen local cultures and knowledge among ethnic children as a tool to prevent trafficking of children

Record of post graduation students number of students drop out from school.

2006-2008

Thailand's regional plan

Objectives

To prevent trafficking through participation of young people

Strategies

To provide TOT for children in 50 model communities on prevention of trafficking To develop culturalsensitive curriculum and educational materials for school children

Indicators

- Establishment of children network in 7 target provinces

Timeline

3 years

to advocate and strengthen local cultures and knowledge among ethnic children as a tool to prevent trafficking of children

-Record of post graduation students - number of students drop out from school.

Lao PDR-Burma-Thailand

Objectives

To raise awareness on the issue of trafficking, making it a joint public campaign

Strategies

Anti-trafficking month December. Activities include; Caravan Theatre Information exchange etc.

Indicators

- Number of participants - Capture attention from the media - Assessment forms to evaluate participants' understanding of the trafficking issues

Timeline

December. 1 week.

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Action Plans

Lao PDR-Burma-Thailand

Objectives Strategies

Monitoring Exchange of information about the CT issue and human rights standards in the region

Indicators

December 12 campaign activities in Thailand/Chiangmai conducted (artists, demonstratipons/parade, drama production, workshop/training, concert) Golden Triangle seminarworkshop

Timeline

2006

Indonesia

Objectives

The HRS Guidelines become reference for the draft of Anti Trafficking law

Strategies

Advocacy to the government (lobby) Build communication network Stakeholder meeting

Indicators

Law on Trafficking which accommodate the HRS guidelines is enacted

Timeline

2007

HRS guidelines for the protection of the Rights of trafficked children is adopted and implemented by the government in a form of SOP

Workshop on the guidelines involved member and stakeholder of Indonesia ACTs Try out on guidelines Promote the guidelines to the related agencies

the existing the draft of Indonesian HRS guidelines Input for the Indonesian guideline 80% related agencies understand and apply the guideline The existing of relation between related institutions comprises government (7), international organization (3), National NGO (3), UN Body (3) The existing of local and national cooperation on the treatment for trafficked children

June 2006

The last 2006

Strengthen and extend national and local network

2007

Workshop on the application of HRS guidelines for the related institution Set up MOU

9 areas hold the training on HRS guidelines

The last of 2007

MOU between government, NGO, Hospitals, police

2008

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Action Plans

Philippines

Objectives

To popularize the national and regional HRS guidelines

Strategies

Orientation and adoption of the national and regional guidelines with the national and regional IACAT (RIACAT) and concerned departments

Indicators

National and regional guidelines adopted by IACAT, and national agencies oriented thereon and have conducted similar orientation to their employees 9 regional IACAT (RIACAT) are oriented on the guidelines and are conducting similar orientation at the local levels

Timeline

June ­ December 2006

Integration of the national & regional guidelines in various training programs, community development efforts of the concerned agencies and NGOs particularly in the predeparture module for overseas workers. Integration to the IACAT national strategic plan

HRS training module included in the various training programs/PDOS module of concerned government agencies/NGOs Printed community advocacy materials disseminated

July 2006December 2008

Printed copies of the IACAT national strategic plan disseminated HRS guidelines presented in the bilateral and multilateral dialogues participated in by key government agencies like the DFA Policy gaps identified and reforms/enrichments were made/established by concerned agencies such as PNP, NBI, BI, DFA, DOJ and DSWD Creation of local councils in more provinces/cities and municipalities

April ­ July 2006

To advocate for the adoption of the HRS guidelines at the regional forum like ASEAN

Lobby via regional and bilateral diplomatic channels thru the DFA and other informal channels

Beginning April 2006

Enrich and strengthen implementation of existing policies, measures and activities related to trafficking

Review/inventory of existing policies, measures and activities related to trafficking

September 2006 February 2007

Strengthen national coordination mechanism to further address trafficking

Conduct of national conference of stakeholders on trafficking

August 2006December 2008

Cambodia

Objectives

The guideline will be adopted and implemented.

Strategies

The draft guideline will be translated into Khmer version by professional translator.

Indicators

Khmer version guideline

Timeline

May/June 2006

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Action Plans

Cambodia

Objectives Strategies

Meeting with all members of Cambodia ACTs will be organized to discuss the draft guideline. Steering committee will be selected among members of Cambodia ACTs to be responsible for organizing national workshop. National workshops will be organized and actively involved by all stakeholders. The steering committee will lobby the government for adoption with full support from NGOs, IOs, government institutions and relevant entities

Indicators

12 NGO members of Cambodia ACTs participated in the discussion of draft guideline. 5 core members were in the steering committee. 50 participants from NGOs, IOs, government and relevant agencies were in the National workshop. The guideline was adopted and implemented.

Timeline

July 2006

July 2006

Late 2006-2007

Late 2007-2008

Burma

Objectives Strategies

Increase the scope of antitrafficking efforts i.e China, Southern Thailand and Bangkok

Indicators

Number of partner organizations expanded Final draft of the guidelines translated into Burmese and to other ethnic languages (two versions: original with all the legal terms; simplified version for the general population and children)

Timeline

2006

Awareness raising

Workshops introducing the regional guidelines to partners, organized Trainings for in-depth skills training on the guidelines (i.e. interviewing skills, access to justice, referring cases to authorities, Thai legal system, organized

2007 to 2008

Skills training

2007-2008

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Action Plans

Action Plans

Burma

Objectives Strategies

Study tour for Burmese partners to observe the programs of other service providers working on the issue of CT (in Thailand and and/or other countries in the region) Encourage partners to be part of the intervention December 12 anti-trafficking day activities organized along the Thai-Burma border

Indicators

Timeline

2007-2008

2007-2008

Japan

Objectives

Dissemination of information on the guidelines and initiatives in Asian countries among the concerned stakeholders in order for Japan to improve the measures related to child trafficking

Strategies

Translation (production of translation guide, recruitment of translation volunteers, final styling) Distribution of the translated guidelines

Indicators

A translation of the guidelines is produced A translated version of the guidelines is presented to both government and nongovernment stakeholders

Timeline

For translation: 3 months Distribution: whenever and wherever possible i.e. on the web, network meetings, study meetings

Suggestions on the Action Plans

A.Abueva: R.Rai: It is Important to remember that Asia ACTS will still be meeting to make plans As a suggestion to the Philippines. It would be better to work with `inter-faith' organizations rather than just `church organizations' to have a broader reach.

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Action Plans

PART 8

THE DRAFT SOUTHEAST ASIAN GUIDELINES TO PROTECT THE RIGHTS OF CHILDREN VICTIMS OF TRAFFICKING AND THE RESOLUTION TO ADOPT THE GUIDELINES

105

Resolution

RESOLUTION RECOMMENDING THE PROMOTION AND ADOPTION OF THE PROPOSED GUIDELINES FOR THE PROTECTION OF THE RIGHTS OF TRAFFICKED CHILDREN

AWARE of the millions of children around the world who are falling prey as victims of trafficking in persons, and the continued threat posed by this scourge to the well-being of our children that undermine their human rights; MINDFUL of the need to promote and protect the rights of trafficked children in accordance with the Convention of the Rights of the Child; COGNIZANT of the principles and provisions of other relevant international human rights instruments on children such as the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (The Palermo Protocol), and ILO Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; NOTING the adoption of the ASEAN Declaration Against Trafficking in Persons Particularly Women and Children on November 24, 2004 in Vientiane, Lao PDR; GUIDED by the United Nations High Commissioner on Human Rights (UNHCHR) Principles and Guidelines on Human Rights and Trafficking and the UNICEF Guidelines for Protection of the Rights of Children Victims of Trafficking in Southeastern Europe and the Proposed Human Rights Standards on the Treatment of Trafficked Children (Bohol Document); APPRECIATING the continued campaign of Asia ACTs Against Child Trafficking in influencing policy reforms in the Southeast East Asian region and its efforts to develop a regional approach through the development of human rights standards on the treatment of trafficked children; EXPRESSING the need to develop practical guidelines in the care and protection of trafficked children in the Southeast Asian region, grounded on the regional situation and needs of trafficked children from the region;

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Resolution

HAVING formulated and finalized the Proposed Southeast Asian Guidelines for the Protection of the Rights of Children Victims of Trafficking; WE, the participants of the Seminar-Workshop on the Southeast Asian Guidelines for the Protection of the Rights of Children Victims of Trafficking held on March 20-24, 2006 in Bangkok, Thailand, from Cambodia, Indonesia, Lao People's Democratic Republic, Burma, Philippines, Thailand and representatives from Japan, Nepal and Bangladesh, coming from various sectors of society, government, non-government and civil society groups; DO HEREBY: 1. Recommend countries in the Southeast Asian region to promote and widely disseminate the Proposed Southeast Asian Guidelines for the Protection of the Rights of Children Victims of Trafficking among policy makers, program managers, service providers, persons working on the issue of child trafficking, communities, families and children in their respective countries; Urge countries in the Southeast Asian region to develop national standards of care and protection of trafficked children consistent with such guidelines; Advocate the adoption of the said guidelines at the ASEAN level and in other existing regional and sub-regional processes such as the ASEAN Senior Officials Meeting on Transnational Crime (SOMTC), Coordinated Mekong Ministerial Initiative Against Trafficking (COMMIT), ASEAN+3; and Encourage the periodic review and assessment of these guidelines towards improving the standards of care and protection of trafficked children in the Southeast Asian region.

2. 3.

4.

SIGNED this 24th day of March 2006 in Bangkok, Thailand.

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Proposed Guidelines

PROPOSED GUIDELINES for the Protection

TRAFFICKED CHILDREN

in

of the Rights of

SOUTHEAST ASIA

The present document sets out proposed principles and guidelines to promote the human rights of trafficked children in Southeast Asia. This document has been developed on the basis of relevant international human and child rights instruments including the Convention on the Rights of the Child, the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the United Nations High Commissioner for Human Rights Recommended Guidelines on Human Rights and Human Trafficking, the Guidelines for Protection of the Rights of Children Victims of Trafficking in Southeastern Europe and the Proposed Guidelines for the Protection of the Rights of Trafficked Children (Bohol Document, August 2004).

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1. DEFINITION OF TERMS

1.1 Child

1.1.1 A child is any person under eighteen (18) years of age.

1.2 Child trafficking

1.2.1 Child trafficking is the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, within or outside a country, which shall include but not be limited to child prostitution, child pornography and other forms of sexual exploitation, child labour, forced labour or services, slavery or practices similar to slavery, servitude, removal and sale of organs, use in illicit/illegal activities and participation in armed conflict. For the purposes of these guidelines, the recruitment, transportation, transfer, harbouring or receipt of a child by means of adoption or marriage for the purpose of exploitation shall likewise be considered child trafficking. 1.2.2 The consent of the child or the person exercising custody over the child to trafficking or any of its elements is irrelevant and does not exempt the offender from or lessen his/her liability for committing acts that constitute or promote child trafficking. 1.2.3 The employment 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 the child is irrelevant and does not constitute an essential element in the crime of child trafficking.

1.3 Trafficked child

1.3.1 A trafficked child is a child who has been recruited, transported, transferred, harboured or received for the purpose of exploitation, within or outside a country.

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1.4 Social welfare service provider

1.4.1 A social welfare service provider shall include all those persons involved in providing direct services to trafficked children, whether from government or non government organizations.

2. GENERAL PRINCIPLES

The following principles should be considered at all stages of care and protection of trafficked children.

2.1 Rights of the Child

2.1.1 Trafficked children have the right to the full respect and exercise of their survival, development, protection and participation rights as recognized under the Convention on the Rights of the Child. 2.1.2 Trafficked children have special needs and therefore have the right to special protection measures.

2.2 Best Interests of the Child

2.2.1 In all actions concerning trafficked children, whether undertaken by public or private social welfare institutions, police, courts of law, administrative authorities or legislative bodies, the best interests of the child should be the primary consideration.

2.3 Right to Non-discrimination

2.3.1 All trafficked children have the right to the same protection and rights in the country/place of origin, transit or destination regardless of their status, nationality,

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Proposed Guidelines

race, color, sex, language, faith, religion, political or other opinion, ethnic or social origin, property, disability, birth or other status. 2.3.2 Whenever applicable, these guidelines should also apply to children who are conceived and subsequently born of trafficked persons.

2.4 Respect for the Views of the Child

2.4.1 A trafficked child who is capable of forming his or her views has the right to express those views freely in all matters affecting him or her, including in relation to the legal process, interim care and protection and the identification and implementation of a durable solution. 2.4.2 The views of the trafficked child should be given due weight in accordance with his or her age, maturity, evolving capacities and best interests.

2.5 Right to Information

2.5.1 Trafficked children should be provided access to information about all matters affecting them including entitlements, services available and the family reunification and/or repatriation process. 2.5.2 Information should be provided in a language which the trafficked child is able to understand. Suitable interpreters/translators should be provided whenever necessary.

2.6 Right to Confidentiality

2.6.1 Information about a trafficked child that could endanger the trafficked child or his/her family members should not be disclosed except as required by law. 2.6.2 All necessary measures should be taken to protect the privacy and identity of trafficked children. The name, address or other information that could lead to the

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Proposed Guidelines

identification of the trafficked child or his/her family members, should not be revealed to the public or media. 2.6.3 The permission of the trafficked child should be sought in an age appropriate manner before sensitive information is disclosed.

2.7 Respect for the Child's Ethnic, Cultural, Faith and Religious Identity

2.7.1 The trafficked child's ethnic, cultural, faith and religious identity should at all times be respected. 2.7.2 Where applicable, assistance should be provided to the trafficked child in order to enable him/her to exercise or practice his/her ethnic, cultural, faith or religious practices.

2.8 Responsibility of the State

2.8.1 The State should take positive action to combat child trafficking and to protect and assist trafficked children. 2.8.2 The State should take all appropriate legislative, judicial, administrative and other measures to protect and assist trafficked children. 2.8.3 The State is responsible for taking pro-active measures to protect persons who provide care and assistance to trafficked children from reprisals from traffickers. These measures should extend to persons working in non-government organizations, civil society, faith-based and religious groups.

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Proposed Guidelines

3. SPECIFIC GUIDELINES

3.1 Detection and Identification of Child

3.1.1 Presumption of Age 3.1.1.1 Aside from birth documents/family books of the trafficked person, his/ her identification cards, school records, physical appearance, psychological maturity, statement, consensual medical or dental examinations can be considered in determining the age of the trafficked person. Legally recognized documents attesting to the birth or age of the trafficked person from persons who have personal knowledge about these facts can likewise be considered. Documents recording cultural or religious practices which indicate age may also be considered. 3.1.1.2 Where the age of the trafficked person is uncertain and there are indicators to believe that the person is a child, the presumption should be that the person is a child. Pending a reasonable time for the verification of the trafficked person's age, he/she should be treated as a child and should be accorded all special protection measures stipulated in these guidelines.

3.1.1.3

3.1.2 Pro-active identification measures 3.1.2.1 The State should develop and adopt effective procedures for the rapid identification of trafficked children. These may include the strengthening of birth registration procedures, the listing and recording of missing and exploited children and the creation of a checklist of warning signs that may indicate that a child is a victim of trafficking.

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Proposed Guidelines

3.1.2.2

The State should train all persons having or most likely to have direct contact with trafficked children (i.e. seaport and airport personnel, immigration officers, border patrols, law enforcement officers, social welfare and health care providers, etc.) on rapid identification procedures. This may include training on the use of a checklist of warning signs that may indicate that a child is a victim of trafficking and on how to distinguish trafficked children from illegal migrants. The State and non government organizations should conduct intensive efforts to provide information to families and communities about the issue of child trafficking. Procedures for reporting and referring suspected and actual child trafficking cases should be established.

3.1.2.3

3.1.2.4

Measures to coordinate information sharing between government agencies, including law enforcement authorities, social welfare agencies and non-government organizations should be adopted to facilitate rapid identification of trafficked children.

3.2 Initial Contact

3.2.1 Initial Action 3.2.1.1 Upon identification of a trafficked child or suspected trafficked child, the investigator/officer should immediately contact a social welfare service provider and, where possible, the parents/guardian of the trafficked child. In the case of cross border trafficking, the responsible authority of the country of origin, as represented in the country of destination or transit (eg: embassy/consulate) should also be contacted. The investigator/officer should protect the trafficked child's right to privacy and prohibit media exposure and interviews. The initial interview of the investigator should only be for the purpose of collecting biographical data like the name, age, name of parents/

3.2.1.2

3.2.1.3

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Proposed Guidelines

guardians and last known address and contact numbers, country/place of origin and/or nationality. 3.2.1.4 The investigator/officer should assist the trafficked child in retrieving his/her personal belongings. The trafficked child or suspected trafficked child should be removed from the place s/he is found and immediately brought to a safe location and environment, preferably with a social welfare service provider. The trafficked child should not be kept at police stations or detention centers. Trafficked children who are siblings should remain together wherever possible. In cases where siblings are not able to stay together, efforts should be made to ensure that the siblings have regular contact with each other. At no time should the trafficked child be placed in the same room or in direct contact with the suspected trafficker/s. For the safety and security of the trafficked child and the social welfare service providers, the trafficked child's whereabouts should be kept confidential. 3.2.2 Child-sensitive interview 3.2.2.1 The State should design a standard interview guide and mechanism that will gather all the information that may be needed by all agencies involved in the case. Law enforcement authorities should respect the trafficked child's right to privacy. The express consent of the trafficked child and his/her parent/ guardian or social welfare service provider should be acquired prior to the conduct of the interview. The trafficked child should be allowed some time to rest and stabilize before s/he is interviewed.

3.2.1.5

3.2.1.6

3.2.1.7

3.2.2.2

3.2.2.3

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3.2.2.4

As much as possible, the investigator/officer and interpreter/translator, should be of the same gender as the trafficked child, dressed in civilian clothes, trained in administering child friendly/sensitive interview methods and knowledgeable about the issue of child trafficking. Prior to the interview with the trafficked child, the investigator/officer should inquire whether prior interviews have already been conducted by any person or agency, and if so, s/he should acquire the results from such prior interview. The interview should be conducted in a language understood by the trafficked child. Where this is not possible, a qualified translator/ interpreter should be provided. The trafficked child should be interviewed in the presence of a social welfare service provider, parent/guardian or trusted adult of his/her choice. The trafficked child should be interviewed in a child friendly/sensitive environment. The confidentiality of proceedings and the protection of the trafficked child's right to privacy should at all times be respected.

3.2.2.5

3.2.2.6

3.2.2.7

3.2.2.8

3.2.2.9

The consent of the trafficked child and his/her parent/guardian, social welfare service provider or trusted adult of his/her choice must be secured before using any recording equipment including video cameras or tape recorders.

3.2.3 Legal protection for child 3.2.3.1 Trafficked children are victims of human rights violations. They should not be treated as offenders or subjected to or threatened with criminal sanctions for any offense related to their situation as trafficked children. Access to basic social welfare and support services should not be dependent on the trafficked child's willingness to cooperate with law enforcement authorities.

3.2.3.2

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3.3 System of Referral, Coordination and Cooperation

.3.1 Regional Mechanisms 3.3.1.1 States should endeavor to enter into a regional agreement to define a system of referral and specific areas for coordination and cooperation. States should endeavor to establish referral, coordination and cooperation mechanisms with international non-government organizations, networks and coalitions actively working on the issue of trafficking in the region.

3.3.1.2

3.3.1.3

Each State should designate their own liaison officer/office who shall be responsible for cross-border linkage and referral to the appropriate office for immediate response to cases of cross-border trafficking.

3.3.2 National Mechanisms 3.3.2.1 States should develop a national arrangement that will define the roles and functions of each government agency in relation to child trafficking and a system of referral and areas for coordination and cooperation. Each State should establish a national body for coordinating referrals for both internal and cross-border trafficking. Each State should develop a database that will centralize all information about national efforts to combat child trafficking and data and statistics in relation to incidents of child trafficking occurring within the country or affecting nationals of the country. The development of such a database should take into due consideration the rights to privacy and confidentiality of trafficked children. States should endeavor to establish referral, coordination and cooperation mechanisms with non-government organizations, networks

3.3.2.2

3.3.2.3

3.3.2.4

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Proposed Guidelines

and coalitions actively working on the issue of child trafficking in the country. 3.3.2.5 States should be responsible for training all relevant agencies about the referral system so as to ensure prompt, effective and appropriate responses to cases of child trafficking.

3.4 Interim Care and Protection

3.4.1 Safe places for children 3.4.1.1 Safe, secure and child-friendly shelters, homes and crisis centers should be provided for trafficked children. Existing facilities should be improved to accommodate the needs of trafficked children. Shelters, homes and crisis centers should be run by a sufficient number of well-trained and competent staff, such as, but not limited to, social workers trained in the case management of trafficked children. The gender of the staff should be appropriate for the needs of the trafficked children. States should set up monitoring mechanisms to oversee, regulate and evaluate shelters and services. Trafficked children should not be placed in detention centers, police cells, prisons or other detention facilities for children and/or adults or be in the private custody of law enforcement authorities. Nor shall children be sheltered within military bases or at other inappropriate locations.

3.4.1.2

3.4.1.3

3.4.1.4

3.4.2 Support Services 3.4.2.1 States should allocate the necessary annual budget to ensure trafficked children's security from threat and reprisals from traffickers, food and accommodation, access to health-care and psychosocial support.

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Proposed Guidelines

3.4.2.2

The primary objective of interim care is the healing and recovery of the trafficked child. Immediate counseling, psychosocial services, legal aid, education, vocational skills training and other support services should be made available to the trafficked child and his/her family as necessary and appropriate.

3.4.3 Legalization of status 3.4.3.1 States should establish laws, policies and procedures to ensure that trafficked children who are not nationals/residents of the country/place in which they are found are not treated as illegal migrants. For trafficked children without legal documentation, the State in which they are found should assist them to immediately secure legal status such as, but not limited to, the granting of a temporary visa. States should ensure that trafficked children are exempt from all government fees and charges normally imposed in the process of legalizing status.

3.4.3.2

3.4.3.3

3.5 Social Case Management of Trafficked Children

3.5.1 Individual Case Assessment 3.5.1.1 Each trafficked child is entitled to have his/her case individually assessed to determine the appropriate handling of his/her case, with his/her best interests being the primary consideration. This assessment should be conducted by a social worker or allied professional who has background/intensive training in child protection. A social case management intervention plan should then be developed for the child. The social case management intervention plan should consider the preservation and integrity of the trafficked child's ethnic, cultural, faith and religious identity.

3.5.1.2

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3.5.1.3

Where it is considered to be in the trafficked child's best interests to do so, the social welfare service provider, in coordination with its counterparts in the country/place of origin and destination, should take steps to locate the trafficked child's family in order to reunite him/her with his/her family. The implementation of the social case management intervention plan should be done through a multi-disciplinary team approach.

3.5.1.4

3.5.2 Identification of a Durable Solution 3.5.2.1 Authorities in both the country/place of origin and destination, in partnership with non government organizations, have the responsibility to identify the most appropriate long term solution for the trafficked child. In the process of identification of a durable solution, the nationality and citizenship of the trafficked child, family background, environment and other circumstances, risk of reprisal from traffickers and security capability of the country/place of origin and destination should be taken into consideration. The State should appoint a qualified guardian to represent and assist the trafficked child during the process of identifying a durable solution and the implementation of this solution. The guardian should represent the trafficked child for as long as it is considered necessary to protect the interests of the trafficked child. Any expenses incurred by the guardian in the conduct of his/her duties should be reimbursed by the State. The guardian should be given appropriate protection while performing his/her tasks. A trafficked child should not be returned to the country/place of origin unless suitable care arrangements have been established. The parents/ guardian, relatives, social welfare service providers and the State must

3.5.2.2

3.5.2.3

3.5.2.4

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Proposed Guidelines

accept responsibility for the care and protection of the trafficked child in the country/place of origin. 3.5.2.5 The views of the trafficked child should be taken into consideration when considering whether s/he should be returned to the country/place of origin and/or reunited with his/her family, with due consideration given to his/her age, maturity and evolving capacities. All decisions made on the issue of the return of a trafficked child to the country/place of origin and/or reunification with his/her family should be subject to independent review.

3.5.2.6

3.5.3 Implementation of a Durable Solution 3.5.3.1 In cases where it is in the best interests of the child to be returned to the country/place of origin, the authorities in the country/place of origin should immediately provide travel documents and coordinate with the country/place of destination for the safe return of the trafficked child. In cases where a trafficked child is to be repatriated to the country/ place of origin, the country/place of origin should cover the costs of repatriation. In the event that the country/place of origin does not have the financial capacity to cover such costs, the country/place of destination or transit should provide assistance. Where none of the country/place of origin, transit or destination have the financial capacity to cover the costs of repatriation, assistance should be sought from international organizations such as the United Nations or the International Organization for Migration. In cases where the return of the trafficked child to the country/place of origin is not in his/her best interests, alternative family care should be arranged in the country/place of destination. In cases where it is not in the best interests of the trafficked child to settle in the country of origin or destination, the countries of origin

3.5.3.2

3.5.3.3

3.5.3.4

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Proposed Guidelines

and destination should explore the possibility of having the child resettled in a third country. 3.5.3.5 Long-term care arrangements should, as much as possible, favor family and community-based arrangements rather than residential/institutional care. Long-term care arrangements should include protection for the trafficked child and his/her family against reprisals from traffickers, access to health-care, psychosocial support, social services, education and livelihood assistance.

3.5.3.6

3.5.4 Monitoring of Implementation of Durable Solution 3.5.4.1 Both the country/place of origin and destination should establish mechanisms for monitoring trafficked children to avoid them being trafficked again. The country/place of origin should establish systems/mechanisms to monitor the implementation of the durable solution.

3.5.4.2

3.6 Access to Justice

3.6.1 Victim / Witness Security and Protection 3.6.1.1 A trafficked child should be given time to recover before deciding whether or not to cooperate as a witness in any legal case. Before a trafficked child makes a decision about whether to cooperate as a witness in a legal case, a professional assessment should be conducted to determine whether the trafficked child is ready and able to make such a decision. A trafficked child who agrees to testify as a witness should be provided with special protection measures to ensure his/her safety and, if

3.6.1.2

3.6.1.3

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necessary, the safety of his/her family or of other persons significant to him/her. 3.6.1.4 The State should adopt special court procedures that are sensitive to the needs of trafficked children. These may include, but not be limited to, the taking of depositions, admission of video-taped interviews, the giving of testimony through closed circuit television and other practical schemes to minimize the need for the child's physical presence in the court room and/or confrontation with the trafficker/s during trial. Wherever possible, the State should establish a special court for children which has facilities for child friendly court proceedings such as video conferencing facilities and the availability of qualified translators/ interpreters. At all stages of the investigation, prosecution and hearing of any criminal or civil action, the right to privacy of the trafficked child should be protected. The confidentiality of the action should be ensured by the law enforcement, prosecution and judicial authorities and service providers. The media should respect trafficked children's rights to privacy and confidentiality in all proceedings.

3.6.1.5

3.6.1.6

3.6.1.7

3.6.2 Criminal Proceedings 3.6.2.1 A trafficked child must be fully informed, in a language understood by him/her, of the advantages, risks and security issues that are associated with criminal proceedings prior to deciding whether or not to cooperate in such proceedings. At all stages of criminal proceedings trafficked children should be provided with free and competent legal representation. Wherever possible, the taking of a statement by any law enforcement authority, lawyer, prosecutor or any other authorized officer should

3.6.2.2

3.6.2.3

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not prevent or delay a trafficked child's return or reunification with his/her family. 3.6.2.4 Wherever possible, and whenever it is in the best interests of a trafficked child, his/her testimony should be given and/or his/her statement should be taken at the earliest possible time. The State should consider providing measures to allow the confiscation, freezing and forfeiture of the assets of the trafficker/s so that the proceeds of the sale of such property may be used for the payment of compensation or outstanding liabilities to the trafficked child.

3.6.2.5

3.6.3 Civil Proceedings 3.6.3.1 A trafficked child and his/her parents/guardian should be informed of possibilities to claim compensation for the damage caused to him/her as a result of him/her being trafficked. The State should consider providing measures to allow civil actions to be considered as impliedly and simultaneously instituted in the criminal case. In such a case, the prosecutor should serve as legal counsel for the trafficked child. A trafficked child should also have the option of filing a separate claim for compensation, according to the procedures acceptable to the State. The State should provide free and competent legal representation in such a case.

3.6.3.2

3.6.3.3

3.7 Care and Protection for Social Welfare Service Providers

3.7.1 Compensation 3.7.1.1 The State should endeavor to develop a mechanism for providing compensation to social welfare service providers who suffer harm or

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injury as a result of providing assistance to trafficked children, especially those resulting from or likely to be the result of reprisal from traffickers. 3.7.2 Legal Assistance 3.7.2.1 In a case where a suit is filed by a trafficker/s against a social welfare service provider for an act done in the performance of his/her duties to provide assistance to a trafficked child the State should provide legal protection and/or free legal assistance. Legal assistance may include, but not be limited to, legal counseling, preparation of pleadings, filing of action in courts and legal representations in criminal, administrative and civil proceedings.

3.7.3 Support System 3.7.3.1 The State should establish a support system for social welfare service providers and provide venues for the sharing of insights and experiences.

3.8 Capacity building

3.8.1 Communities 3.8.1.1 Community awareness seminars, activities and trainings should be conducted to children, families and communities to enable them to actively participate in the protection of children from child trafficking.

3.8.2 Persons working with trafficked children 3.8.2.1 Training programs for persons working with trafficked children should be developed. Such programs should be based on the identified needs of the people who will be participating in the programs. A system for monitoring and evaluating the effectiveness of such programs should also be established.

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3.8.2.2

All persons working with trafficked children should have access to education and training programs which will deepen their understanding and knowledge of the issues related to child trafficking. Such training could include topics on human rights, children's rights, gender and development, reproductive health, child labor, migration issues and international and national legal frameworks. All persons working with trafficked children should have access to education and training which will give them practical skills to assist them in their work with trafficked children. Such training could include topics on psychological and legal counseling, social case management, documentation, data collection, child friendly interview methods, personal security and protection for social welfare service providers, investigative techniques and stress management.

3.8.2.3

3.8.2.4

All persons working with trafficked children should be trained in the use of these guidelines. States should allocate the necessary funds to conduct capacity building activities to address all of the training needs mentioned in these guidelines.

3.8.2.5

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Copyright 2006 Asia ACTs against Child Trafficking All Rights Reserved. Printing of this document was made possible through the funding support of the Japan Foundation. Excerpts from the publication maybe freely reproduced provided that due acknowledgment is given to the source and publisher. Editors: Amihan V. Abueva and Regina P. Florendo Layout: Omna Cadavida-Jalmaani Cover photo from Human Rights Education Institute of Burma

127

ANNEX A Program of the Regional-Seminar Workshop

Seminar-Workshop on the Southeast Asian Guidelines for the Protection of the Rights of Children Victims of Trafficking

Asia ACTS against Child Trafficking in cooperation with Terre des Hommes-Netherlands with the support of Japan Foundation and Terre des Hommes-Germany March 20 to 24, 2006 Bangkok, Thailand

Day 1 March 20

Morning

8.00 Arrival and registration Part 1. 9.00 Opening Ceremony and Preliminaries

Ecumenical prayer Selected participants Welcome Remarks and Background of the Campaign Dr. Walter Skrobanek Regional Coordinator for Southeast Asia Terre des Hommes-Germany Opening Remarks Mr. Wathana Onpanich Program Associate, Japan Foundation-Bangkok Office

9.20

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9.25 Keynote Address Mr. Frans van Dijk Regional Coordinator for SEA Terre des Hommes-Netherlands (Jakarta) Roll Call of Country Delegations and Guests Break Asia ACTs and the Human Rights Standards Amihan V. Abueva Coordinator, Asia ACTs Expectation Check Objectives Program Flow/Conduct of the Seminar-Workshop Formation of Host Teams Lunch break

9.40 10.0 10.15

10.50

12.00

Afternoon/Evening

1.30 1.35 Energizer Part 2. The International Framework Atty. Anjanette Saguisag Project Officer, UNICEF-Philippines Part 3. The Regional Framework Atty. Robert Larga, Senior State Counsel Department of Justice-Philippines Undersecretary Lourdes Balanon - Philippines 3.35 Break

2.35

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3.50 Part 4. The National Framework Overview of the conduct of country-level guidelines (10 mins each) Ms. Emmy Lucy Smith Coordinator of National Presidium Indonesia Against Child Trafficking Mr. Bernardo Mondragon Campaign Comm. Member Philippines Against Child Trafficking Mr. Santiphong Moonfong Child Trafficking Watch-Thailand Mrs. Huyn Kiem Tien Program Officer Ho Chi Minh City Child Welfare Foundation Mr. Chea Pyden Focal Point, Cambodia ACTs Executive Director Vulnerable Children's Assistance Organization Mr. Aung Myo Min Focal Point, Burma ACTs Director, Human Rights Education Institute of Burma Mr. Nobuki Fujimoto Researcher, HURUGHTS-Japan 5.00 5. 20 6.00 Question and Answer Synthesis of Day 1 End of Day 1

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Day 2 March 21

Morning

8.30 Opening Activity Recap of Day 1 Program for the Day Part 4. Working on the Regional Guidelines Definition of Terms and General Principles Atty. Robert Larga Question and Answer Break Energizer Overview on Detection and Identification Initial Contact System of Referral and Coordination Atty. Anjanette Saguisag and Usec Lourdes Balanon Lunchbreak

8.45

9.45 10.00 10.15 10.20

12.00

Afternoon/Evening

1.30 1.35 Energizer Simultaneous Workshop on: Detection and Identification Initial Contact System of Referral and Coordination Break Energizer

3.00 3.15

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3.20 Paper Presentation: Systems of Referral and Coordination in Batam Mr. Edi Wasito Outreach Coordinator, YMKK-Batam Question and Answer Plenary: Workshop Group on Detection and Identification Question and Answer Workshop Group on Initial Contact Question and Answer Workshop Group on System of Referral and Coordination Question and Answer Synthesis of Day 2 Evaluation of Day 2 End of Day 2

30.30 3.55 4.05 4.15 4.25 4.35 4.45 4.55 5.30 6.00

Day 3 March 22

Morning

8.30 Opening Activity Recap of Day 2 Program for the Day Overview on Interim Care and Protection Social Case Management Atty. Anjanette Saguisag BREAK

45.45

10.00

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10.35 10.40 12.00 Energizer Simultaneous Workshop on Interim Care and Protection Social Case Management Lunch Break

Afternoon/Evening

1.30 1.35 Energizer Case Presentations: (10 minutes each) Dr. Marcelina Carpizo Katilingban para sa Kalambuan-Philippines Mrs. Huyn Kiem Tien Ho Chi Minh City Child Welfare Foundation Individual Case Assessment Ms. Rupa Rai Head, Women Development Desk, CARITAS Nepal Implementation of a Durable Solution Usec Lourdes Balanon Philippines 3.15 3.30 3.40 3.50 4.00 4.10 Break Open Forum Plenary Workshop Group on Interim Care and Protection Question and Answer Workshop Group on Social Case Management Question and Answer

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4.20 4.50 5.00 Synthesis of Day 3 Evaluation of the Day End of Day 3

Day 4 March 23

Morning

8.30 8.45 Opening Activity Recap of Day 3 Overview on Access to Justice Capability Building and Care and Protection for Service Providers Atty. Robert Larga Break Energizer Simultaneous Workshop on: Access to Justice Capability Building and Care and Protection for Service Providers Break Energizer Paper Presentation on Access to Justice Fiscal Deana Perez Department of Justice-Philippines Question and Answer Plenary Workshop Group on Access to Justice

10.00 10.15 10.30

12.00 30.30 1.35

1.45 1.55

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2.05 2.15 2.25 2.35 3.00 4.00 6.00 Question and Answer Workshop Group on Capability Building and Care and Protection of Service Providers Question and Answer Synthesis of Day 4 topics Break Presentation and Critiquing of Draft Regional Guidelines End of Day 4

Day 5 March 24

Morning

8.30 Opening Activity Recap of Day Program for the Day 5 Planning Amihan V. Abueva Break Energizer Plenary Presentation of the Regional Guidelines Recommendation for Adoption and Presentation of Resolution for Signing Atty. Robert Larga

8.45 10.00 10.15 10. 20 11.30

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Closing Ceremony Message from: Dr. Dagmar Fuchs-Schmitz TDH-Germany Ms. Teresita Suselo Asia Partnership for Human Development Closing Activity Closing Remarks: Amihan V. Abueva Evaluation

136

ANNEX B Participants' Evaluation of the Seminar Workshop

Strengths:

·

Contents/Topics ­ clear and detailed, suitable and practical, difficult but the aim was achieved, relevant, good arrangement of topics, interesting and applicable, deep, good participation and facilitation Methodologies/process used ­ generally good, facilitators performed very well, workshops were effective in soliciting information and reflective thinking and democratic flow of panel discussion Participants ­ generally very good and active, open and active speakers Facilitators and resource persons are competent and creative, they are generally very good, active, helpful and friendly, knowledgeable and resourceful, makes everyone happy or great overall facilitation The Asia ACTs secretariat is generally very good and well prepared

·

· ·

·

Weaknesses:

· · ·

Contents/Topics- discussion is long because of different ideas, areas not clear on what plans to make, language barrier, asking too much from the state Methodologies-too much time for discussion Participants ­ language barrier, not everyone is comfortable in expressing themselves in the plenary, there were no Malaysian participants

Recommendations:

· ·

more time to discuss during the last day invite government staff from other countries

137

ANNEX C Directory of Participants

Regional Seminar Workshop on the Southeast Asian Guideline for the Protection of the Rights of Children Victims of Trafficking

March 20-24, 2006 Royal Benja Hotel, Bangkok, Thailand

BANGLADESH

Thelma Irene Rozario Office/Agency/Organization: Caritas Bangladesh Position: Director and Training and Research Center Address: Caritas Bangladesh, 2 Outer Circular Road, Shantibagh, Dhaka 1217 Telephone Number: 880-2-8315405 to 09; 880 2 9339625 Fax Number: 880 283 8314993 E-mail: [email protected] ; [email protected]caritasbd.org Mobile Number: 0171458590 Birthday: November 9

BURMA

Maji La Awng Office/Agency/Organization: HREIB Position: CRC Trainer Address: No. 161/7 Moo 2, T. Don Kaew A. mae Rim, Chiang Mai Tele/Fax Number: 053 ­ 120422 E-mail: [email protected] Mobile Number: 01-5306331 Birthday: March 10

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Annex C

Zeyar Lin "Banya" Office/Agency/Organization: HREIB Position: Child Rights Advocacy Coordinator Telephone Number: 053 120422 E-mail: [email protected] Mobile Number: 06-9120681 Birthday: November 20, 1978 Michael Paller Office/Agency/Organization: Human Rights Education Institute of Burma (HREIB) Position: Volunteer/Researcher Address: Chiang Mai, Thailand Telephone: (66) 041724106 E-mail: [email protected] Mobile Number: 66 4 1724106 Home Address: 29728 Kimberly DS. Agousa Hills, CA 913 USA Birthday: July 23, 1982 Aung Myo Min Office/Agency/Organization: Human Rights Education Institute of Burma Position: Director Office Address: G.P.O 485 Chiang Mai 5000, Thailand Fax Number: (66 53) 120422 E-mail: [email protected] Mobile Number: (66 61) 9925293 Birthday: July 17, 1966

CAMBODIA

H. E San Arun Office/Agency/Organization: Ministry of Women's Affairs Position: Under Secretary Office Address: Legal Protection Department Former Kolab 1 Center Street France (No. 47), Sangkat Sras Chork Khan Daun Penh,Phnom Penh,

139

Annex C

Kingdom of Cambodia Telephone Number: (855) 12 222 497 E-mail: [email protected] Home Address: Street 313 # 5B, Boeung Kak 2, Tuol Kork, Phnom Penh, Cambodia Birthday: March 25, 1947 Sok Phanna Office/Agency/Organization: Krousar Thmey Position: Project Coordinator Address: #4, St 257, Tuk Laak 1, Toul Kok, Phnom Penh, Cambodia Telephone: (855-23) 366 184 Fax Number: (855-23) 882 113 E-mail: [email protected] Mobile Number: (855-12) 993 823 Home Address: # 8, St 95, Beung Keng Kang II, Chamkar Morn, Phnom Penh, Cambodia Birthday: April 1, 1954 Chanveasna Chin Office/Agency/Organization: ECPAT ­ Cambodia Position: Executive Director Address: #36 B, St. 99, Sangkat Boeung Trabek, Chamcarmon, Phnom Penh, Cambodia Tele/Fax No: (855-23) 213021 E-mail: [email protected] Mobile Number: (855-12) 923254 Home Address: # 177E1, St. 110, Sangkat Wat Phnom, Khan Daun Penh, Phnom Penh, Cambodia Birthday: June 5, 1972 Mao Pouthyroth Office/Agency/Organization: Cambodia ACTs Position: Assistant of Community Focal Point Address: #25, St. 118, Sangkat Phsar Depo III, Khan Toul Kork, Phnom Penh, Cambodia Tele/Fax Number: (855-23) 884722 E-mail: [email protected] Mobile Number: (855-12) 401415 Home Address: #22 B, St.374, Sangkat Toul Svay Prey I, Khan Chamkamorn, Phnom Penh, Cambodia Birthday: November 3, 1983

140

Annex C

Chea Pyden Office/Agency/Organization: Cambodia ACTs Position: Country Focal Point Address: #25, St. 118, Sangkat Phsar Depo III, Khan Toul Kork, Phnom Penh, Cambodia Tele/Fax Number: (855-12) 876422 E-mail: [email protected] Mobile Number: (855-12) 876422 Home Address: # 157, Sansam Kosal I, Boeung Tompon, Khan Meachey, Phnom Penh, Cambodia Birthday: October 10, 1964 Suong Sopheap Office/Agency/Organization: CWCC Position: Administrative Officer Address: #42F, St. 488, Phsar Doem Thkou, Chamkamorn, Phnom Penh, Cambodia Tele/Fax Number: (855 ­ 23) 982158 E-mail: [email protected] Birthday: September 30, 1981 Nop Rithear Office/Agency/Organization: CNCC Position: Monitoring Bureau Address: # 788, Monivong Bl, Sangkat Beng TroBek, Khan Chamchamorn, Phnom Penh City Telephone Number: (855 23) 21 66 90 Fax Number: (855-23) 21 33 40 E-mail: [email protected] Mobile Number: (012) 93 5433 Home Address: #26 CEE,. St 460, Sangkat Tourl TomPong II, Khan Chamchamorn Birthday: September 10, 1972

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Annex C

INDONESIA

Edi Wasito Office/Agency/Organization: YMKK Position: Outreach Coordinator Address: Ruko Rejeki Graha Mas, Block H/12 Sei Panas, Batam 29432, Indonesia Tele/Fax Number: +62 778 472027 E-mail: [email protected] Mobile Number: +6281364556813 Home Address: JL. Utama Block D/74 Nagoya ­ Batam, Indonesia 29432 Birthday: December 28, 1967 Syarifudin "Syarif" Office/Agency/Organization: YKB Jakarta Position: Coordinator, Program Kusuma Bongas di Indramayu Address: Jln. Asem Baris Raya, Block A/3 Tebet, Jakarta Selatan Telephone Number: (021) 081320552400 Fax Number: (021) 8314764 E-mail: [email protected] Home Address: Jln. Penanggul Ry. 06/02 Desa Bongas, Kecamatan Bongas-Indramayu Birthday: July 2, 1963 Emmy Lucy Smith Office/Agency/Organization: Indonesia ACTs Position: Coordinator of National Presidium Address: Jalan Mesjid i/11, RT 01/11, Bidara Cina, Jatinegra, Jakarta 13330, Indonesia Tele/Fax Number: (62) 21 850 7823 E-mail: [email protected] Mobile Number: +62 816 678328; + 62 085578042432 Home Address: Jl. Garuda III Block G No. 4, Kompleks Rajawali, Halim Perdana, Kusuma, Jakarta ­ 13610 Birthday: August 26, 1967 Roslaini "Rose"Sitompul Office/Agency/Organization: YLBH-PIK Pontianak

142

Annex C

Position: Director Address: Jl. Alianyang, No. 12 A, Pontianak, Kalimantan Barat, KP. 78116 Tele/Fax Number: + 62 561 766439 E-mail: [email protected] Mobile Number: +62 8164996500 Home Address: Jl. Tani Makmur, Gg Sambas, No. 73 A, Pontianak Selatan Birthday: September 12, 1968 Sri Astuti "Chichie"Ningsih, S.Sos Office/Agency/Organization: Regional Police of West Kalimantan Province Position: Women Desk of Regional Police of West Kalimantan Police (Investigator) Address: Jend. A. Yani No. 1, Pontianak, Kalamantan Barat, Indonesia Telephone Number: +62 561 584457 Fax Number: + 62 561 584458 E-mail: [email protected] Mobile Number: + 62 81519542827; +62 81932782029 Home Address: Aspol.Subarkah, Block A No. 1, Pontianak Birthday: February 15, 1973 Widya Narsi Office/Agency/Organization: Indonesia ACTs Position: Administrative Staff Address: JL. Mesjid i/11, RT 01/11, Bidara Cina, Jatinegra, Jakarta 13330, Indonesia Tele/Fax Number: (62) 21 850 7823 E-mail: [email protected] Mobile Number: +628562566749 Home Address: Mandungar I, Margoluwib, Seyegan, Sleman, Yogyakarta, Indonesia 55561 Birthday: March 3, 1981 Frans Van Dijk Office/Agency/Organization: Terres des Hommes ­ Netherlands Position: Regional Director Address: Jl. Terusan Hang Lekir I/14C; Jakarta, Indonesia Telephone Number: +62 21 7220202/7233637 Fax Number: + 62 21 739 3102 E-mail: [email protected] ; [email protected] Birthday: August 28, 1946

143

Annex C

Ruth Eveline "Ruth" Office/Agency/Organization: Terre des Hommes ­ Netherlands Position: Programme Officer Office Address: Jl. Terusan Hang Lekir I/No. 14C, Jakarta Selatan, Indonesia Telephone Number: +62 81510101331 E-mail: [email protected] ; [email protected] Office Address: Komplek Taman Laguna Blok H2 no. 47, Jl. Alternatif ­ Cibubur Birthday: May 19, 1975 Ana Maria "Ana" Retnowati Office/Agency/Organization: Police Position: Head of Sub Police Polwitabes, Semarang, Indonesia Address: Jl. Dr. Sutomo No. 19, Semarang, Indonesia Telephone Number: (024) 3560625 Fax Number: (0240 8444444 Mobile Number: 081-22827568 Home Address: Jl. Cimandiri I/3, Semarang, Indonesia Birthday: Semarang, 25 May 1967 Hening Budijawati Office/Agency/Organization: Yayasan Setara Position: The Executive Address: Jl. Tumpang Raya St. Semarang, Central Java Tele/Fax Number: +62 24 8500900 E-mail: [email protected] ; [email protected] Mobile Number: +62 812 2538369 Home Address: Perumahan Sinar Sawunggaling Blok B/13 A, Banyumanik, Semarang, Indonesia Birthday: November 25, 1975 Nurmadiah Binti La Dalili Office/Agency/Organization: Women Empowerment Office Position: Head Officer Address: Jl. Engku Putri No. 1, Batam Center/Kantor Walikota Batam Lt. 7 Tele/Fax Number: +62 778 461 813 Mobile Number: + 62 015 36010009 Home Address: Jl. Kartini V. No. 35, Sei Harapan, Sekupang-Batam, Indonesia Birthday: January 29, 1959

144

Annex C

JAPAN

Nobuki Fujimoto Office/Agency/Organization: Asia Pacific Human Rights Information Center (HURIGHTS OSAKA) Position: Researcher Address: 1-2-1-1500 Benten, Minato-ku, Osaka City, Japan 552-0007 Tele/Fax Number: +81 -6-6577-3578 E-mail: [email protected] Home Address: 8-3-4-201 Yasunaka-cho, Yao City, Osaka, Japan 581-0085 Birthday: July 31, 1955 Keiko Saito Office/Agnecy/Organization: ECPAT/STOP Position: Youth Coordinator ­ In - Charge of the Code of Conduct Address: KYOFUKAI, 2-23-5 Hyakunin-cho, Shinjuku-ku, Tokyo, 169-0073, Japan Telephone Number: + 81 3 3361 0934 Fax Number: + 81 3 3361-1160 E-mail: [email protected] Home Address: 1-8-21 Nishinarasino,Funabashi-shi, Chiba, 274-0815 Birthday: October 10, 1965 Ms. Tomoko Mizuyori Office/Agency/Organization: Action Against Child Exploitation Position: Director Address: 110-0015 Taito-Ku, Higashi-Ueno 1-20-6, Maruko bldg. 3F, Tokyo, Japan Tele/Fax Number: + 81 3 3835-7555

E-mail: [email protected]

Home Address: 321-0225 Mibu-maci 1-10-33, #202, Japan Birthday: July 11, 1971

LAOS

Kongseng " Minoh" Piengpanya Office/Agency/Organization: Village Focus International (VFI) Position: Project Coordinator

145

Annex C

Office Address: VFI, P.O Box 4697, Lao PDR Telephone Number: (856) 21 452080 Fax Number: (856) 21 452080 E-mail: [email protected] Mobile Number: 856 20 5699534 Home Address: C32 Phapho Village, Sisattanar District, Vientiane Capital Birthday: July 1, 1978

NEPAL

Rupa Rai Office/Agency/Organization: Caritas Nepal Position: Head Women Development Address: p. Box 9571, Kathmandu, Nepal Telephone Number: (977 -1) 55 38 172/ 55 39 344 Fax Number: (977 ­ 1) 55 38 484 E-mail: [email protected] Mobile Number: 98 510 97 635 Birthday: February 7, 1958

PHILIPPINES

Simeon "Sam" C. Vallada Office/Agency/Organization: Bureau of Immigration Position: Chief, Anti-Fraud Division Address: Magallanes Drive, Intramuros, Manila 9(4th Floor) Tele/Fax Number: +63 2 338 4529 E-mail: [email protected] Mobile Number: 0917-9521845 Estrella "Star" L. Roman Office/Agency/Organization: Department of Foreign Affairs Position: Special Assistant Address: Department of Foreign Affairs, Office of the Undersecretary for Migrant Workers Affairs 2330 Roxas Blvd. Pasay City, Philippines

146

Annex C

Telephone Number: (63 2) 834-4976/ 834-4001 Fax Number: (63 2) 551 -0847 E-mail: [email protected]; [email protected] Mobile Number: 0917-8870210 Home Address: 125 D I. Lopez Street, Mandaluyong City Birthday: December 9, 1969 Deana P. Perez Office/Agency/Organization: Department of Justice - National Prosecutor Service Position: Senior State Prosecutor Address: Room 202, Annex Building, Department of Justice (DOJ) Padre Faura Street, Ermita, Manila, Philippines Tele/Fax Number: (63 2) 523-2244 E-mail: [email protected] Mobile Number: +63918-9306709 Home Address: 158 Monserrat Street, Morning Breeze Subdivision, Caloocan City, Philippines Birthday: February 4, 1962

Marcelina " Marcy" G. Carpizo Office/Agency/Organization: KKI-WMSU Position: Consultant Address: Western Mindanao State University, Zamboanga City Tele/Fax Number: (63 2) 993-0949 E-mail: [email protected] Home Address: Zamboanga City Birthday: November 29, 1961 Catherine "Cath"Scerri Office/Agency/Organization: Bahay Tuluyan Position: Development Manager Address: 3473 Leyte Street, Corner Lingayen Sts., Sta. Mesa, Manila, Philippines Telephone Number: + 63 2 715 7554 E-mail: [email protected] Mobile Number: +63917-8276889 Home Address: 3473 Leyte Street, Corner Lingayen Sts., Sta. Mesa, Manila, Philippines Birthday: December 16, 1977 Bernardo "Bernie" Mondragon 147

Annex C

Office/Agency/Organization: Child Alert Address: 134 Lunar Street, GSIS Subdivision, Matina 8000 Davao City, Philippines Telephone Number: (63 082) 297-0035 E-mail: [email protected] Mobile Number: +639267343313 Home Address: 127 Leviticus Street, Villa Park Subdivision, Matina 8000 Davao City, Philippines Birthday: September 7, 1958 Charlie " Chuck" G. Miaco Office/Agency/Organization: ECPAT ­ Cebu, Philippines Position: Project Coordinator Address: 10 Queen's Road, Camputhaw, Cebu City Tele/Fax Number: (63 032) 253 1467 E-mail: [email protected] Mobile Number: +63920-5337559 Home Address: 211 Dahlia Road, Greenhills Subdivision, Casuntingan, Mandaue City Birthday: August 28, 1964 Lourdes "Lulu" G. Balanon Home Address: 325 Prudencio Street, Sampaloc, Manila, Philippines Home Telephone Number: (63 044) 691-0432 E-mail: [email protected] Mobile Number: +63 921-8259111 Birthday: October 4 Ernesto "Tito Ernie" Cloma Office/Agency/Organization: PETA (Philippine Educational Theater Association) Position: Curriculum Director Address: #5 Sunny Side Drive, Brgy. Christ the King, Quezon City Telephone Number: (63 2) 410-0822; 410-0821 ; 725-6244 Fax Number: (63 2) 722-6911 E-mail: [email protected] Home Address: #41 Dr. Garcia St. Brgy. Sumilang, Pasig City, Philippines Birthday: August 12

148

Annex C

Atty. Robert "Obet" L. Larga Office/Agency/Organization: Department of Justice, Philippines Position: Senior State Counsel Address: Padre Faura, Manila, Philippines Telephone Number: (63 2) 523-0253 Fax Number: (63 2) 536-1293 E-mail: [email protected] Mobile Number: 0917-8040433 Home Address: 422 BM Arenas Street, Sampaloc, Manila Birthday: December 3, 1968 Gina "Gin" S. Gonzales Office/Agency/Organization: Department of Social Welfare and Development Office Position: Assistant Bureau Director of Social Technology Bureau Address: Batasan Hills, Quezon City Telephone Number: (63 2) 931-8144 Fax Number: (63 2) 951-2808 E-mail: [email protected] Mobile Number: +63 9189345616 Home Address: 1860 Road 9, Fabie Estate Sta. Ana, Manila Birthday: November 28, 1965 Anjanette "Ani" Saguisag Office/Agency/Organization: UNICEF Philippines Position: Project Officer, Child Protection Section Address: 31st floor, Yuchengco Tower, Ayala Avenue cor. Gil Puyata, 1200 Makati City Telephone Number: (63 2) 9010133 Fax Number: (63 2) 7294527 E-mail: [email protected]

THAILAND

Matthana "Tuk" Chetamee Office/Agency/Organization: Foundation of Women Position: Information Staff Address: 295 Charansanitwong Road, Bangphafd, Bangkok 10700 Thailand Telephone Number: (66 2) 433-5149

149

Annex C

Fax Number: (66 2) 434-6774 E-mail: [email protected] Home Address: 826/242 Pinkraw River Parkview, Soi Chawpraya Hospital, Baromrajchonnanee Road,Bangkoknoi, Bangkok 10700 Birthday: May 21, 1963 Santiphong "Luang" Moonfong Office/Agency/Organization: Development Center for Children and Community Network Position: Project Director, CTWT Coordinator ­ Thailand Address: 7 Moo 2 T. Sopmoei A. Sopmoei Mae Hong Son 58110, Thailand Tele/Fax Number: (662) 053 618067 E-mail: [email protected]; [email protected] Mobile Number: 09-8516495 Birthday: January 12, 1971 Patchayanee Srinuar Office/Agency/Organization: Child Trafficking Watch Thailand Position: CTWT Secretariat Address: 25/6 Tonkam Road 2 Thasara Muang Chiangmai 50000, Thailand Tele/Fax Number: (662) 053-248689 E-mail: [email protected] ; [email protected] Mobile Number: 09-8352467 Birthday: May 9, 1965 Kwanravee" Ei" Wangudom Office/Agency/Organization: CTWT Position: Interpreter Home Address: 690 Soi Paisarn, Pracharajbumpen Road, Huaikwang, Bangkok 10320 E-mail: [email protected] Mobile Number: 01-4543560 Birthday: January 21, 1982 Meebar "Laesoeh" Office/Agency/Organization: Community Theater Project Position: Community Culture Art Coordinator Address: 30/1 Rajapuek Road, Changpuak, Muang, Chiang Mai 50300, Thailand Tele/Fax Number: (66 53) 404582

150

Annex C

E-mail: [email protected] ; [email protected] Mobile Number : 06-1850968 Birthday: January 13, 1980 Kritsana Dechalert Office/Agency/Organization: ECPAT International Position: Regional Officer for EAP Address: 328 Phayathai Road, Ratchathewi, Bangkok 10400 Telephone Number: +66 2 215 33 88 Fax Number: + 2 215 85 72 E-mail: [email protected] Teresita "Teng" D. Suselo Office/Agency/Organization: Asia Partnership for Human Development Position: Executive Secretary Address: Phaholyothin Place Bldg., 10th Flr. 408/42 Phaholythin Rd. Phayathai, Bangkok 10400, Thailand Telephone Number: (662) 619-06348 Fax Number: (662) 619-0639 E-mail: [email protected] ; [email protected] Mobile Number: (66 1) 8133274 Birthday: April 4 Wannachan "Apple" Chaimontree Office/Agency/Organization: Save the Children UK Position: Advocacy Project OfficerAddress: 518/5 14th Fl. Maneeya Center Bldg., Ploenchit Road, Lumpini, Patumwan, Bangkok 10400, Thailand Telephone Number: (662) 684 -1286 to 88 Fax Number: (662) 684-1289 E-mail: [email protected] Mobile Number: 66 1494-2410

VIETNAM

Tien "Huynh Kiem" Office/Agency/Organization: Ho Chi Minh City Child Welfare Foundation Position: Program Officer Address: 85/65 Phnam Viet Chanh ­ Ward 19 ­ Binh Thanh District E-mail: [email protected]

151

Annex C

Mobile Number: 0908209128 Birthday: January 3, 1947 Nguyen Bao Yen Office/Agency/Organization: An Giang DOLISA Position: Leader Social Bureau Address: 50 B Ly Thuong Kiet Street, My Binh Loang Xuyen Town An Giang, Vietnam Telephone Number : 076956536 Email: [email protected] Birthday: July 21, 1959 Bui Thi Than Tuyen Office/Agency/Organization: Ho Chi Minh City Child Welfare Foundation Address: 85/65 Phnam Viet Chanh ­ Ward 19 ­ Binh Thanh District Telephone Number: (84 8) 8401406 Fax Number: (84 8 ) 8401 407 E-mail: [email protected] Mobile Number: (84) 0913 110 111 Home Address: 183F/19/16 Ton Thuyet, Ward 4, District 4, Ho Chi Minh City Birthday: August 20, 1978 Vu Van Khanh Office/Agency/Organization: Dolisa of Thanh Hoa Position: Chief of Bureau Address: 74 To Vinh Dien Str. Dong Tho Ward, Thanh Hoa City Telephone Number: (84 37) 753 142 Fax Number: (84 37) 715 083 E-mail: [email protected] Home Address: 13 Tran Thi Nam Str. Truong Thi Ward ­ Thanh Hoa City Birthday: February 9, 1972

THE NETHERLANDS

Mireille Bijnsdorp Office/Agency/Organization: Terre des Hommes Netherlands Position: Campaign Coordinator

152

Annex C

Address: Zoutmanstraat 42-44, 2518 GS The Hague, The Netherlands Telephone Number: +31 70 310 5000 Fax Number: + 31 70 310 5001 E-mail: [email protected] Mobile Number: +31 6 42091142 Birthday: December 12, 1975

ASIA ACTs SECRETARIAT

Amihan V. Abueva Office/Agency/Organization: Asia ACTs, Inc Position: Regional Coordinator Office Address: Rm. 322 Philippine Social Science Center, Commonwealth Avenue, Quezon City, Philippines Telephone Number: +63 2 929-0822 Fax Number: +63 2 929-0820 E-mail: [email protected];[email protected] Birthday: August 12 Maria Fe "Reggie" Pelagio Office/Agency/Organization: Asia ACTs Position: Project Director/Human Rights Standards Mobile: +63 9178018173 E-mail: [email protected];[email protected] Birthday: January 13 Desiree Joy G. Granil Office/Agency/Organization: Asia ACTs, Inc Position: Admin/Finance Staff Office Address: Rm. 322 Philippine Social Science Center, Commonwealth Avenue, Quezon City, Philippines Telephone Number: +63 2 929-0822 Fax Number: +63 2 929-0820 Cellphone Number: +63 9178018177 E-mail: [email protected] Birthday: December 9, 1978

153

ACKNOWLEDGEMENT

Indonesia ACTs Yayasan Setara (Semarang) Yayasan Mitra Kesehatan dan Kemanus (Batam) Women Empowerment Office (Batam) Women's Desk of Regional Police (Semarang) Kusuma Bongus (Indramayu) Terre des Hommes Netherlands (Jakarta) Development Center for Children and Community Network (Mae Hong Son) Hill Area Development Foundation Inc. (Chiangrai) Child Trafficking Watch-Thailand GABFAI Foundation For Women Human Rights Education Institute of Burma Philippines Against Child Trafficking Katilingban para sa Kalambuan Inc./Western Mindanao State University Department of Foreign Affairs Bureau of Immigration Department of Justice Department of Social Welfare and Development UNICEF-Philippines Inter-Agency Council Against Trafficking Philippine Educational Theater Association Bahay Tuluyan HURIGHTS Osaka ECPAT STOP Action Against Child Exploitation Japan Network Against Trafficking in Persons Ho Chi Minh City Child Welfare Foundation Department of Labor, Invalids and Social Affairs (Ang Giang and Than Hoa) Village Focus International Vulnerable Children's Assistance Organization ECPAT-Cambodia

154

Cambodian National Council for Children Krousar Thmey Cambodia Women's Crisis Center Cambodia ACTs Ministry of Women's Affairs International Campaign Against Child Trafficking-Germany International Federation of Terre des Hommes Caritas Nepal Caritas Bangladesh Asia Partnership for Human Development ECPAT International Save the Children-Bangkok Siriporn Skrobanek Vicky Juat Dr. Walter Skrobanek Wanraya Tiandee Roth and Widya Wendy of APHD Gemma Murillo Alberto Cacayan

People behind the project

Regional Coordinator: Amihan V. Abueva Overall Resource Persons: Atty. Anjanette T. Saguisag Atty. Robert Larga Undersecretary Lourdes Balanon Overall Facilitator: Ernesto Cloma

155

Annex C

Documentor: Catherine Scerri Admin and Finance Officer: Desiree Joy G. Granil Project Director for HRS: Maria Fe A. Pelagio Steering Committee: Atty. Robert Larga Nobuki Fujimoto Emmy Lucy Smith Catherine Scheri

156

157

The Regional Seminar-Workshop on the Southeast Asian Guidelines for the Protection of Children Victims of Trafficking provided opportunities to learn the good and negative practices in protecting and handling cases of trafficked children that synthesized the outputs into a regional document. Specifically, it was a venue to share the process and comments on the guidelines developed specifically in Indonesia, Philippines, Thailand and Vietnam, including recommendations, questions or reservations raised and to come up with a final document, develop mechanisms and advocacy strategies for its popularization, adoption and implementation. Asia Acts, the regional campaign against child trafficking organized the activity with human rights and child rights advocates as resource persons and participants from organizations and agencies in the region who are actively involved in the campaign. The results will be a direct input for bilateral and multilateral handling of cases of trafficked children and will give bases for the furtherance of their work, contribute in strengthening partnerships and provide a guide for developing workable mechanisms.

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