SEVENTH ANNUAL TIP REPORT FOR LAOS

UNCLAS SECTION 01 OF 16 VIENTIANE 000185 SIPDIS SENSITIVE SIPDIS DEPT FOR EAP/MLS DEPT FOR EAP/RSP DEPT FOR G DEPT FOR G/TIP DEPT FOR INL DEPT FOR PRM DEPT FOR DRL STATE PASS TO USAID E.O. 12958: N/A TAGS: KCRM PHUM KWMN ELAB SMIG ASEC PREF KFRD PREL LA SUBJECT: SEVENTH ANNUAL TIP REPORT FOR LAOS REF: 06 STATE 202745 ¶1. (SBU) Summary: Laos is overwhelmingly a sending country for trafficking, although on a small scale it is also a receiving country. The vast majority of Lao who seek work abroad, including those who are victims of trafficking, go to Thailand, where cultural and linguistic similarities and an abundance of work opportunities ensure Lao can find ready employment. Laos' trafficking problem is largely a matter of economics: Laos is among the poorest countries in Asia, and its poverty and abundance of unemployed or underemployed youth provide a steady stream of laborers to Thailand. ¶2. (SBU) In the past, the Government of Laos (GoL) paid attention to trafficking to the extent it believed it could gain political capital from the issue. However, the government has begun to take the issue more seriously. While the GoL still portrays Laos as an innocent country whose citizens are being preyed upon by nefarious foreign traffickers, especially those from Thailand, it has begun to accept the fact that many of those complicit in trafficking are Lao. The GoL readily professes its desire to control trafficking because Laos is a victim country. However, the government remains less willing to engage the issue of internal trafficking or collusion of Lao officials. The GoL denies any official complicity in trafficking. No officials have been punished for involvement in trafficking, although local level authorities are almost certainly involved in efforts to smuggle Lao workers to Thailand and/or to other parts of Laos. ¶3. (SBU) Lao police are by-and-large unskilled in investigations and unknowledgeable about trafficking crimes. Corruption within Laos' police and court system has made it relatively easy for traffickers to avoid prosecution. The GoL has, however, increased its efforts to arrest and prosecute traffickers. The government reported having carried out 27 TIP investigations between April 2006 and February 2007 resulting in 12 prosecutions. Moreover, the government has increased its awareness-raising activities through the use of print, radio, and television media. During 2006, the Lao Women's Union (LWU) - one of the most �00A;effective mass organizations in Laos - also made significant efforts to disseminate the 2004 Law on Women and provided training to officials in several provinces. ¶4. (SBU) Recent studies indicate that the number of Lao migrating to Thailand in search of work has increased. Many of these migrants make their own way to Thailand but others sometimes fall prey to traffickers as they seek assistance from middlemen either to obtain necessary documents for crossing the border or to arrange onward employment. Many, if not most, of these migrants go to Thailand knowing the risks but attracted by wages that are far higher than at home. Based on studies of Lao seeking employment in Thailand, most who make the trip are not the poorest, who lack the means to go, but are relatively well-off farmers or their children who live close to the Mekong and have a familiarity with Thailand. Lao workers in Thailand undoubtedly face many difficulties, as many returnees relate, but many find the rewards worth the risks and remain in Thailand for years. Many of those repatriated to Laos eventually return to Thailand to seek employment. End summary. ¶5. (SBU) Hereafter paragraphs are keyed to the paragraphs and questions in reftel, with the paragraph numbers from reftel given in roman numerals. The entire text of the 2007 TIP report for Laos is sensitive but unclassified (SBU). XXVII. Overview of Country's Activities to Eliminate Trafficking in Persons A and B. Laos is primarily a source country for trafficking, with the vast majority of those trafficked going to Thailand. Some surveys have indicated that perhaps as many as 8,500 VIENTIANE 00000185 002 OF 016 persons from each of the nine provinces along the Mekong River move to Thailand in search of work each year. A 2003 labor migration survey conducted by the Ministry of Labor and Social Welfare (MLSW) and the Lao National Statistics Center found that there were almost 44,000 Lao from Savannakhet Province alone (out of a total provincial population of approximately 758,000) working as irregular migrants in Thailand. The majority of migrant laborers, and by extension of trafficking victims, originate from central and southern Lao provinces and Vientiane Municipality. While there are no exact figures on numbers of Lao in Thailand, the Thai government has estimated that there are 180,000 Lao in Thailand at any time, some working seasonally and others living there more-or-less permanently. There are no figures on how many of these persons are actually trafficked, although some NGOs involved with trafficking believe that perhaps 15-20,000 persons each year are "trafficked" in some sense: their travel across the border is brokered, assisted, or controlled in some way, and someone other than the migrant profits from this. A 2004 International Office for Migration (IOM) study of trafficking along the Lao-Thai border noted the widespread use of brokers by trafficking victims, although little research on this issue has been conducted. Some Lao who seek work in Thailand fall victim to the worst forms of trafficking; the majority of these victims are females, but males are also victims, especially of exploitative labor. UNICEF believes that there are four areas where Lao are most likely to fall victim to exploitative conditions: prostitution, domestic labor and factory work (both for women),and the southern Thai fishing industry (for men). Most Lao working illegally in Thailand do so in Bangkok (especially in factories, domestic labor and prostitution),with a smaller number working in the northeast (prostitution and migrant farm labor). NGO surveys indicate the majority of Lao who seek work in Thailand do so willingly and in most cases with foreknowledge of the types of work they will be doing. This is especially true of lowland Lao, who make up the bulk of those seeking work in Thailand; lowland Lao are familiar with Thailand, generally already able to speak its language, and have little difficulty melding into Thai society. A small number of ethnic minorities from Laos also seek work in Thailand. While the UN Interagency Project on People Trafficking (UNIAP) believes the number of minorities trafficked to Thailand is small, minorities are far more vulnerable to exploitation than are lowland Lao because of their lack of Thai language skills and overall unfamiliarity with Thai society. Recent evidence indicates that the number of minority trafficking victims from Laos increased during the past year. Both lowland Lao and ethnic minorities have traditionally had little legal recourse in Thailand, as they are illegal. The 2002 bilateral MOU between Thailand and Laos on labor has the potential to improve the situation of illegal immigrants rescued from abusive situations. However, the MOU has been only partially implemented to date. The Lao and Thai also signed an anti-trafficking MOU in mid-2005 that established the framework for cooperation between the two governments. A Lao-Thai Joint Action Plan to Combat Human Trafficking was completed in late 2006. IOM has been a key supporter of Lao-Thai efforts to implement all elements of the MOU. According to IOM, only about 50 percent of the activities associated with the MOU have been implemented to date. The February 27, 2007, signing of an MOU between the GoL and IOM, however, will allow IOM to have a presence in Laos and to work more closely with the GoL on implementation. Laos is almost exclusively a source country. Because of the country's extreme poverty and poor wages, few traffickers see Laos as a destination for their victims. One exception includes a small number of Chinese women who have been VIENTIANE 00000185 003 OF 016 trafficked into some areas in the far north of the country for prostitution servicing a Chinese clientele there. In addition, the number of Vietnamese women and girls working in the sex service industry in southern Laos appears to have increased. In at least one southern province, Vietnamese are estimated to make up more than 50 percent of sex service workers. Out of concern that an ADB-funded road project in northern Laos, being built largely with Thai and Chinese contractors, may fuel an inflow of Chinese and Thai prostitutes to service work crews, ADB has undertaken an anti-trafficking project in three northern provinces. Anecdotal evidence suggests that, while prostitution did appear to increase along the Thai constructed portion of the highway, there was little evidence of a similar increase along the Chinese constructed portion. Chinese work crews reportedly crossed back into China during the weekends rather than spending their free time in Laos. Laos also serves as a transit country in a small number of cases. In one case in late 2004, officials from the Lao Anti-People Trafficking Unit (LAPTU) within the Immigration Department of the Ministry of Public Security intercepted a group of five Chinese children near the Cambodian border and arrested the Cambodian national who had brought them from China. The children were eventually returned to their home villages in China by the Chinese Embassy in Vientiane. Some human smugglers have also operated out of Laos to facilitate onward travel of persons seeking to migrate to developed countries. In 2004, for example, Lao police shut down a safehouse being used by alien smugglers to hold South Asians transiting to third countries and deported the Bangladeshi national in charge of the operation. Most Lao going to work in Thailand are ethnic lowland Lao, especially those from areas close to the Mekong River and adjoining Thailand. Although some of these Lao are trafficked to Thailand, the large majority go to Thailand on their own, following the advice of friends and relatives. Others use the services of middlemen to help them locate work in Thailand. The groups most vulnerable to the worst forms of trafficking are minors, especially girls, and highland minorities from Laos' interior. There are no accurate statistics on the numbers of minorities who have been trafficked, but in 2006 some shelters for trafficking victims in Thailand have reported an increase in ethnic minority victims from Laos. With strong language barriers and no experience out of their remote cultural contexts, such people are particularly vulnerable to deception. The prevailing people-smuggling mode in Laos remains transportation to a job in exchange for payment up front. Lao people in lowland areas are anxious to obtain work abroad, and are willing to pay traffickers to assist them in seeking work, especially in neighboring Thailand. Traffickers fit no particular profile. Most are probably Lao nationals with experience in assisting cross-border labor movement. There are likely also some Thai traffickers operating in Laos intermittently. Some recruiters and smugglers of people are helping fellow villagers, even family members, to migrate, while others probably make trafficking a full-time business. In one case, a Lao trafficker arrested in Savannakhet Province in 2005 had connections with the owners of a garment factory in Thailand, and he trafficked young women to this factory with apparent foreknowledge of the exploitative conditions in which they would be working. Most Lao learn of work opportunities in Thailand by word of mouth, from those who have made the trip and returned and in many cases from friends and family members. In at least some cases, particularly of young women involved in prostitution in Thailand, the women themselves act as recruiters for others when they return to Laos to visit family and friends. IOM's 2004 study of trafficking between Laos and Thailand found that nearly one-third of Lao trafficking victims had family members in Thailand, suggesting this may have been a factor in their decision to seek work there. IOM also found VIENTIANE 00000185 004 OF 016 that almost all trafficking victims interviewed for its study had used a broker to arrange their travel to Thailand; often one broker assisted them to leave Laos and another in Thailand assisted them in onward travel to employment in Bangkok. Most of those trafficked traveled with a small group of friends or relatives. Brokers' fees varied widely, from as little as 500 baht (about $14) to as much as 30,000 baht ($880). The majority, however, paid between 2,500-7,000 baht ($75-$205) in broker fees. Corruption of Lao border officials and village authorities facilitated human smuggling. Smugglers assisted persons going to Thailand by arranging to obtain their travel papers from authorities for fees. These Lao officials have often been complicit in the smuggling and have been aware of the intentions of those traveling to Thailand. False documents have sometimes been used to transport people to other countries but have not been needed to enter Thailand. Border crossing cards are easily obtainable; they are only valid for a few days' travel and only for specific Thai provinces, but once across the border the holders easily ignored these restrictions. Some smaller numbers of Lao entered Thailand without documentation, usually crossing the Mekong River by boat. IOM's 2004 trafficking study extrapolates information obtained from interviews with 124 Lao women repatriated from Thailand to draw a picture of trafficking in Laos. The study confirmed much of what NGOs working on the issue in Laos had already believed to be true: most of these 124 trafficking victims came from central and southern Laos; they migrated for economic reasons; they were overwhelmingly from rural (but not exceptionally poor) backgrounds; most were employed in domestic labor and factory work (only 6 of the 124 were employed in the sex industry); and most had been deceived about the conditions, but not the type, of work they went into. ¶C. The GoL opposes trafficking, based on official government pronouncements and on conversations with senior officials. The GoL cooperates with NGO programs to limit trafficking but lacks its own resources and often takes a political view (i.e. blaming Thailand) of the issue. At the urging of NGOs, international organizations, and foreign missions, the GoL has taken some positive steps. It ratified the Convention on the Rights of the Child in June 1991 and established the National Commission for Mothers and Children in 1992. In December 2006, the GoL passed a Law on the Protection of Children that includes a trafficking component. The Lao Women's Union (LWU),a broad-based mass organization, has been involved in anti-trafficking efforts since the mid-1990s. The LWU has been active, within its limited means, in protection and prevention work. Beginning in 2002 the GoL elevated anti-trafficking to be a national priority. Since that time, Laos has signed a memorandum of understanding (MOU) with the Thai Government regarding border control issues, including trafficking, with particular reference to labor and repatriation procedures. In 2005, Laos and Thailand negotiated an MOU specifically on Cooperation to Combat Trafficking. IOM has provided support for Lao and Thai efforts to implement the MOU, but IOM has lacked the full time presence in Laos that is needed to establish regular contact and provide implementation assistance. The GoL signed an MOU with IOM on February 27, 2007, that will allow IOM to open an office in Vientiane. IOM expects to provide more regular assistance to Laos in implementing the Lao-Thai MOU once its new office is established. Laos is a member of the Coordinated Mekong Ministerial Initiative Against Trafficking (COMMIT) process, established in 2004, and under COMMIT the GoL has established a Ministerial Committee on Trafficking with members including a Deputy Prime Minister and the Minister of Public Security as VIENTIANE 00000185 005 OF 016 Secretary. Laos hosted the COMMIT meeting in 2006. The SIPDIS meeting elevated the level of attention given to the trafficking problem throughout the region and ensured an increase in GoL resources (especially in the form of staff time to develop a national plan of action to combat TIP). Laos is a member of ASEAN and is signatory to the ASEAN Declaration Against Trafficking in Persons, particularly women and children, adopted at the ASEAN Summit in Vientiane in November 2004. In addition, Laos signed the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers in 2007. The GoL held its first national meeting to combat human trafficking in 2006 and is near completion of its national plan to combat trafficking in persons. The higher level of development in Thailand, the long and porous border between Laos and Thailand, and the corruption of Lao border officials make controlling cross-border trafficking extremely difficult. The GoL has signed MOUs with several NGOs desirous of doing anti-trafficking work and cooperates closely with IOM in facilitating the repatriation of trafficking victims from Thailand's Ban Kretakan Shelter outside Bangkok. The GoL recognizes that its nationals abroad are a source of significant foreign exchange and has issued a decree permitting Lao people to work abroad, legitimizing the practice of Lao workers seeking seasonal work abroad. This is paving the way for a more open attitude by the GoL toward economic migration, which will presumably contribute to a more positive environment for returned victims of trafficking. The 2002 Thai-Lao MOU on Labor has yet to be fully implemented because of organizational and logistical difficulties on both sides. According to the MLSW, the process of identifying illegal Lao workers in Thailand on a large scale began in June 2005. As of late 2005, more than 33,000 Lao workers in Thailand had reportedly been identified and issued temporary validity Lao passports by the Lao Embassy. Once issued temporary validity passports, Lao workers must have employment contracts with their Thai employers in order to receive Thai residence permits and to renew their temporary Lao passports. Thai employers, however, have a disincentive to report their Lao workers, because legally contracted workers must be paid at least minimum wages. The GoL did not provide an update in 2007, despite the Embassy's request, regarding the number of Lao workers in Thailand that have been documented. However, a news article resulting from a meeting between the International Labor Organization (ILO) and the GoL in September 2006 indicated that there were more than 100,000 Lao workers in Thailand, only 10 percent of whom held passports and work permits. The Lao MLSW has primary responsibility within the GoL for combating trafficking; through an Inter-Ministerial Committee on the Rights of Women, the MLSW has involved the Ministries of Justice (MOJ),Public Health (MOPH),and Foreign Affairs (MFA),as well as several party-led mass movements in an anti-trafficking effort, including the drafting of anti-TIP sections contained within the Law on Women. The MLSW, with NGO help, has run television and radio educational campaigns warning of the dangers of trafficking. The MLSW has a small unit devoted to children with special needs, including a program for protection against and prevention of trafficking. With the help of the International Office of Migration (IOM),the MLSW opened a reception and processing center for returnees from trafficking situations in 2003 in Vientiane. The GoL signed an MOU with IOM on February 27, 2007, that will allow IOM to open an office in Vientiane to better monitor return and reintegration activities throughout Laos. A second center opened in late 2005 in Vientiane, with funding from UNICEF, the Japanese Government and the Asia Foundation. This second center is operated by the LWU and assists both trafficking victims as well as victims of domestic violence. At the end VIENTIANE 00000185 006 OF 016 of 2003, with Australian government funding, the Lao Immigration Department opened a TIP office under the auspices of both the MLSW and the MOJ. The GoL plans to move the TIP office from the Immigration Department to the General Police Department within the Ministry of Public Security in March ¶2007. District and provincial police and prosecutors are responsible for enforcing existing criminal laws that can be used against traffickers. There is no special penal code provision against trafficking, but there are statutes on procuring, kidnapping, selling persons, and misleading minors into criminal activities. In 2005 the National Assembly amended the criminal law to address transnational child trafficking. The amended penal code provides for penalties of 20 years imprisonment and fines of 100 million kip ($10,000 USD) for those convicted of transnational child trafficking. In addition, the new Law on Women contains special provisions recognizing the rights of trafficking victims to legal protections. Anecdotal evidence strongly suggests that local officials, especially police, are often aware of smuggling activities and that some profit from them in the form of kickbacks. There is also evidence that border officials permit smuggling of all kinds, and presumably this includes humans. That said, the Lao-Thai border is extremely porous, and Lao going to Thailand can easily avoid official scrutiny. Lack of resources is the biggest impediment to the government's ability to address trafficking problems. The GoL is largely dependent on the donor community to fund anti-trafficking activities, just as it depends on the donors to fund activities in almost every sector. Corruption is another serious problem: it is endemic in Laos, particularly in law enforcement where salaries are miniscule. Poor human resources poses yet another problem. Few Lao officials have the knowledge base or skills to carry out their jobs at international standards. Many donors believe that resources for anti-trafficking should be focused on education and reintegration rather than on law enforcement. Laos is only beginning to develop rule of law; the justice system is inefficient; and poor conditions in the penal system have raised serious human rights concerns in the international community. Given the nature of the regime, calls for more police powers are inimical to USG political values, and pressure for heightened levels of police activity must be very carefully considered. Some NGOs and researchers also fear that an increased emphasis on shelters could lead to negative results, including shelters being operated more like detention facilities, particularly if the GoL runs the shelters with little or no oversight by NGOs. In the past, Lao authorities have sometimes fined returnees or sent them to "reeducation" seminars (sometimes lasting for weeks) for leaving the country without authorization or for remaining abroad longer than permitted. With the MLSW getting behind efforts to repatriate victims of trafficking and to regularize the status of Lao workers in Thailand, there is growing consensus within the national government to end this system of punishing returnees. The Prime Minister issued an order in December 2005 to stop the practice of fining or otherwise penalizing returnees from Thailand. Training for immigration officials followed issuance of the order. Although training was not provided to all immigration officials, training was provided to immigration officials in Savannakhet Province in July 2006. Savannakhet Province has been among the provinces with the most significant out-migration. There is anecdotal evidence that the practice of fining returnees, often carried out by village and district level officials , has begun to diminish. As of early 2007, the Lao government stopped requiring exit permits, which is likely to further reduce this practice. VIENTIANE 00000185 007 OF 016 On an informal level, police in Thailand and Laos cooperate in returning illegal Lao migrants. Anecdotal evidence suggests that returnees from Thailand are sometimes incarcerated after returning to Laos and held for periods ranging from days to weeks in immigration detention facilities. There are reportedly immigration centers in each province, but no outside NGOs or international organizations have been given access. Returnees are also subjected to "reeducation" to warn them of the dangers of traveling to Thailand. The new Law on Women prohibits authorities from punishing trafficking victims for illegal border crossing but is not yet fully disseminated and enforced. ¶D. The GoL, through the Ministerial Committee on Trafficking, the Inter-Ministerial Committee, and the MLSW, monitors the TIP situation, although it appears this monitoring is ad hoc and irregular. MLSW officials are familiar with the trafficking issue but by-and-large lack the understanding of the issue found within the NGO community. The GoL has no official publication on this topic, other than the reports produced by the MLSW. International organizations currently working on TIP in Laos put out periodic reports, some of which are published. UNIAP's Lao-language newsletter on trafficking developments effectively serves as the GoL's mouthpiece on this issue. XXVIII. Prevention: A and B. The GoL acknowledges trafficking as a problem and cooperates with NGOs conducting anti-trafficking programs. Senior officials have acknowledged the trafficking problem, and a Politburo member heads the Ministerial Committee on Trafficking. The TIP issue touches upon Lao sensitivities about their lack of economic development, education, and sophistication. Stories of Lao people mistreated in other countries have considerable currency, and the GoL is keen to put them into the public domain. The TIP issue is one in which the GoL sees the Lao people as victims, and in which the GoL is guiltless; this serves the government's political ends of allowing it to blame problems on foreigners, particularly the Thai. Mistreatment of repatriated Lao from Thailand by village and district level Lao officials, while reportedly widespread, is not acknowledged by the GoL. The Ministerial Committee on Trafficking is the lead entity on this issue and includes representatives from the Ministries of Public Security, Foreign Affairs, MLSW, and Justice, as well as the LWU, Lao Youth Union, and Lao Federation of Trade Unions. In practice the Social Welfare Department in the MLSW is the agency responsible for day-to-day implementation of anti-trafficking work. A committee within the MLSW provides oversight of activities related to combating the trafficking of women and children. The MLSW also has a seat on the Inter-Ministerial Committee on the Rights of Women and its Sub-Committee on TIP. Also represented on that committee are the Immigration Department (Ministry of Public Security),the Ministry of Justice, the Ministry of Public Health, the LWU, and the Lao Youth Union. The Ministry of Education has also been invited to sit on the committee. The Lao government agency with the most interaction with the problem is the MLSW, which conducts a program for repatriation of girls returning from prostitution or forced labor. The program began in 2002 and is meant to operate in conjunction with its Thai counterpart. IOM sponsors this program, which includes a transit center in Vientiane for those repatriated from Thailand. Since late 2001, more than 800 women and girls have been processed through the MLSW shelter, about 260 of whom were processed in 2006. Processing typically lasted five to seven days, with the shelter providing housing while arrangements were made for the onward travel of the victims. IOM is now inserting some skills training into the program. On February 27, 2007, the GoL signed an MOU that will allow IOM to establish a branch VIENTIANE 00000185 008 OF 016 office in Vientiane to better assist with return and reintegration activities countrywide. The LWU also supports the GoL's anti-trafficking activities and, with its grass roots connections, partners with some NGOs such as the Asia Foundation in conducting anti-TIP programs. As noted, UNICEF, the Asia Foundation and the Japanese government opened a joint shelter for trafficking victims in 2005. This shelter, which is operated by the LWU, provides counseling, legal advice, shelter, and vocational training for trafficking victims as well as victims of domestic violence. In 2006 the center assisted 17 trafficking victims. ¶C. Since 2001, the MLSW, acting with international NGOs, has conducted data collection and simultaneous parallel public education campaigns. With NGO and UNICEF funding, the MLSW has sponsored media messages on the dangers of trafficking. In conjunction with UNICEF, the MLSW conducted a project in 2006 that was designed to increase trafficking and HIV/AIDS awareness via a television and radio drama program. The drama program was produced in the Lao, Hmong, and Khmu languages. The MLSW also worked with UNICEF to set up awareness-raising billboards near border checkpoints and in Laos' larger cities. On November 25, 2006, the LWU organized a workshop on the dissemination of the Law on Women and Prime Minister's Decree on the Development and Protection of Women for senior-level Lao officials. The Ministry of Education has not as yet cooperated in any sustained anti-trafficking educational program. Many NGOs highlight the negative effects of trafficking in their education programs, however. Anti-trafficking messages have occasionally been disseminated through schools in the provinces. Since 2002, Village Focus International and World Education/Consortium have, with USG funding, conducted anti-trafficking education campaigns. In 2005, with a small grant from the UN Inter-Agency Project on Human Trafficking, the National University of Laos began to play a small role in conducting anti-trafficking media outreach and in 2006 hosted at least two awareness-raising events at the university library. The library houses a small information center on human trafficking for students and faculty. In 2006 the national English language newspaper, the Vientiane Times, ran several articles regarding the dangers of human trafficking and the vulnerability of economic migrants. However, the Vientiane Times is targeted to the international community in Vientiane, and not all the articles appeared in Lao language newspapers, therefore missing the audience in most need of information regarding trafficking. Nevertheless, in 2006 the number of articles published in Lao language newspapers appeared to increase compared to 2005. The LWU reported having published 15 anti-trafficking news articles in various Lao print media and also broadcast three anti-TIP educational spots on Lao television during 2006. ¶D. The GoL, particularly through the LWU and the Lao Youth Union mass party movements, officially supports women's roles in public decision-making. Lao youth are officially (by the GoL) and unofficially (by NGOs) encouraged to stay in school. However, the GoL invests very little in education. Teacher salaries are woefully inadequate, and teacher training is poor. Textbooks are very scarce. Only a small percentage of Lao youth complete secondary school, and unemployment is high even among them. Young women are apt to drop out after primary school, and literacy among women is only two-thirds of that among men. Laos has few post-secondary educational or vocational training facilities. ¶E. There are no domestic NGOs in Laos, and only a handful of domestic "associations," none engaged in anti-trafficking work. All domestic organizations involved in anti-trafficking work, including mass organizations like the LWU and the Lao Youth Union, are controlled by the Communist VIENTIANE 00000185 009 OF 016 Party and closely adhere to Party directives. International NGOs operate in Laos under close government scrutiny and with many government-imposed restrictions. Some international NGOs in Laos include anti-trafficking messages as components of their health and welfare programs. The GoL devoted little money or staff to anti-trafficking until 2003. After the MLSW cooperated with the ILO to do research in several provinces, in late 2003 the GoL began contributing floor space and personnel to a new anti-TIP office, funded by the Government of Australia and housed in the Immigration Department. The GoL plans to move the office to the General Police Department in March 2007. Outside of this limited contribution, the GoL has devoted very little of its own resources to anti-trafficking efforts and is dependent on foreign donors to fund anti-trafficking projects conducted outside normal government operations. ¶F. The GoL cannot adequately police its borders, its border police are often corrupt, and smuggling in people and goods is widespread. Laos shares long borders with five countries. In most places borders can be crossed easily by land or by boat, and the Lao have very limited capacity to monitor border areas outside established immigration and customs posts. The MLSW had at one point planned to establish its own screening facility in Savannakhet Province but in 2006 decided instead to allow the NGO Assistance for Women in Distressing Situations (AFESIP) to develop a shelter and screening center there. A timeline for the development of the center is not yet in place. AFESIP has thus far been unable to secure funding for the planned center. Within the past several years the GoL has stepped up cooperative efforts with neighboring countries, especially Vietnam, China, and Thailand, to better control its borders to prevent criminal activity, including human trafficking. The GoL does not document patterns of immigration and emigration. As noted, the Law on Women decriminalized emigration without permission, but many local authorities may still treat returnees as criminals. ¶G. There are several mechanisms for coordinating anti-trafficking issues among agencies, although it is unknown how well these mechanisms work in practice. The Ministerial Committee on Trafficking, established in 2004 as part of Laos' COMMIT commitment, is one such avenue. The National Commission for Mothers and Children, an inter-ministerial policy coordinating body that handles trafficking issues, is another. A sub-set of this Commission is the Inter-Ministerial Committee on the Rights of Women, which in turn has a sub-committee concerned specifically with TIP. The government does not have a viable anti-corruption agency or mechanism. As noted above, Laos is a member of the COMMIT process and participates in its activities. Laos hosted the COMMIT meeting in August 2006, which drew attention to the fact that Laos was the only Greater Mekong Sub-region country without at least a draft national plan of action to combat human trafficking. During the COMMIT meeting, Laos identified the development of a national plan of action as its leading anti-TIP priority. Laos is also a signatory to ASEAN anti-trafficking initiatives, including the ASEAN declaration against trafficking in persons. The government of Laos cooperates with United Nations agencies, particularly the UNIAP, to monitor, document, and suggest remedies for trafficking-related problems. UNICEF is also heavily focused on dealing with this problem, mainly through research, but the GoL also cooperates with the IOM and ILO to research trafficking and child labor. The MLSW and ILO are working together on the second phase of a plan to reduce the migration of children outside Laos. The project focuses on capacity building for Lao officials, VIENTIANE 00000185 010 OF 016 awareness-raising in regard to child labor and human trafficking, as well as village development fund assistance for targeted villages. Other NGOs, including Village Focus International and World Education/Consortium -- both USG-funded -- are working with the GoL on trafficking issues as well. ¶H. The GoL's first attempt to develop a plan of action to address trafficking in persons was not well coordinated, having emerged from several meetings in which outsiders could not participate and in which the level of expertise was low. This plan was formulated by the MLSW with some limited UN agency assistance. There is no evidence the plan was ever implemented in any meaningful way. However, beginning in August 2006 with the National Workshop to Combat Human Trafficking, the GoL began work on a National Plan of Action. The plan is being supported by UNIAP, and outsiders have been allowed to participate, so the plan's development is involving more stakeholders than had previously been the case. The draft plan was completed in January 2007 and provided to concerned NGOs, international organizations, and foreign missions for comment. With UNIAP assistance, the GoL is in the process of revising the draft plan based on stakeholder suggestions. XXIX: Investigation and Prosecution of Traffickers: A, B, and C. As noted, the Law on Women, passed by the National Assembly in September 2004, contains provisions dealing with trafficking including sections defining the rights of trafficking victims. The law was vetted by NGOs, including those active in anti-trafficking. A U.S. Deputy District Attorney working with the Department of Justice's Overseas Prosecutorial Development Assistance and Training (OPDAT) Program also vetted the draft of this law. The LWU published a handbook explaining the Law on Women and also disseminated more than 7,000 copies of the law in 2006. The Lao penal code has provisions against prostitution, procuring, kidnapping, selling persons, and, as of 2005, transnational child trafficking. There are also statutes forbidding coercion and depriving people of wages. The Law on the Protection of Children passed in December 2006 provides legal protections for children against sexual exploitation, child labor, and child trafficking. ¶D. The penalty for rape or forcible sexual assault under the Lao penal code, Article 119, is three to five years imprisonment. Abduction is punishable under Article 92 by five to fifteen years imprisonment. Rape of a minor is punishable by seven to 15 years, prostitution by up to one year, and pimping by up to three years. Some of these statutes have been used against traffickers. The central government has not kept figures on prosecution of human trafficking, although the draft national plan of action calls for the establishment of provincial and central government statistics centers to collect this data. Generally, however, each case has been handled within its own local jurisdiction and was pursued under other provisions of the penal code. LAPTU is currently trying to identify instances of trafficking from other more routine immigration-related cases prosecuted by provincial and central government courts. With the recent passage of the new transnational child trafficking law, child trafficking figures may be available in coming years, but the GoL still has no law against human trafficking. ¶E. Prostitution is illegal in Laos but in practice is widespread, and authorities make few efforts to halt it. Lao law prohibits foreigners from engaging in sexual activity with Lao citizens outside of marriage, and some foreigners have been fined or arrested under this law. The government periodically moves to shut down establishments, such as bars, nightclubs and discos, where prostitutes operate. Nevertheless, extreme poverty and lack of viable economic opportunities for young people ensure a perpetuation of VIENTIANE 00000185 011 OF 016 prostitution in spite of anti-prostitution laws and occasional government campaigns. The majority of establishments offering sex workers - discos, bars, and restaurants - charge the guest a fee to take the sex worker out of the establishment. Fees usually range from $2 to $4 USD. The actual fees for sex services are generally arranged between the sex worker and the client. However, open prostitution appears to be increasing in some areas, and some provincial governments simply limit the number of prostitutes allowed to work at each venue rather than enforcing the law against prostitution. Drinking establishments and guest houses frequently have prostitutes available, sometimes as employees and sometimes freelance. The activities of owners/operators of establishments with prostitutes are also criminalized, as are those of clients. Although prostitution laws are often not enforced, some researchers feel that increased enforcement by the GoL would actually result in negative consequences - prostitutes going underground and being more likely to be subjected to abuse; and also a greater likelihood of increased low-level GoL involvement in the prostitution trade. There is also some evidence indicating that Chinese prostitutes are working in Laos, particularly in Vientiane and some provincial capitals in northern Laos, although the numbers are apparently very low. These sex workers apparently serve a primarily Chinese and Sino-Lao clientele. Some ethnic Lao prostitutes working in northern Laos' border provinces are capable of speaking rudimentary Chinese - a function of proximity but also a sign of the increasing Chinese traffic through the area. Despite an apparent increase in Chinese clientele, the majority of sex service clients, even in northern Laos, are reportedly local Lao. However, the planned 2007 completion of the section of the Kunming - Bangkok Highway that traverses Luang Namtha and Bokeo Provinces in northern Laos is expected to result in a significant increase in Chinese and Thai traffic within Laos. The Lao Ministry of Health and several NGOs have worked to educate people residing in the area of the dangers of HIV/AIDS and other STDs. ¶F. The GoL has begun to take law enforcement efforts to combat human trafficking more seriously, although some officials are still reluctant to acknowledge there is an internal trafficking problem. The GoL reported 27 TIP investigations in 2006. These investigations resulted in 15 arrests, 12 of which were prosecuted. In three cases, the perpetrators were "reeducated" and released. Specific details of the arrests have not been provided. Among the 12 that have been prosecuted, three persons have been sentenced, five arrestees incarcerated and pending court action, and four are in pretrial detention pending the results of ongoing investigations. Among those individuals who have been sentenced, the average sentence was 6 years with fines ranging from $500 to $3,500 USD. Two of the cases that resulted in convictions in 2006 involved collaborative investigations between Lao and Thai police. Although LAPTU is trying to establish itself as a clearing house for information on trafficking-related crime, there is currently no public record in Laos of arrests, trails, verdicts, or sentences available. As LAPTU expands, and as the National Plan of Action to Combat Human Trafficking is finalized and implemented, the GoL hopes to develop a more reliable system for collecting information on trafficking arrests and prosecutions. In 2006, while Lao law enforcement officials have been involved in the successful investigation and arrest of several human traffickers, particularly those cases involving transport of Lao citizens to Thailand, the government has not been as willing to address internal trafficking issues. For example, the U.S. Embassy brought a human trafficking case to the attention of the government in May 2006. The case involved a guest house/brothel owner who, in the presence of VIENTIANE 00000185 012 OF 016 U.S. Embassy officers, local and provincial police, and a representative of the Lao Ministry of Foreign Affairs, admitted that his wife recruited girls under the age of 16 to work at their establishment as sex workers. A sex worker who had recently turned 16 years old reported having been recruited by the woman when she was 15. Following the Embassy's request that Lao officials further investigate the matter, the Embassy was told by a central government law enforcement official that it would be "against local law" to arrest the owner of the sex service establishment. ¶G. Human smugglers in Laos run the gamut from individuals in small villages to foreigners who enter Laos with specific job targets (such as prostitution or garment work) and perhaps with specific ethnicities in mind. By most accounts local individuals or even family members frequently feed their charges into larger systems in Thailand. More systematic recruitment may be increasing, however. Seasonal farm, construction, and factory laborers have traditionally moved in large numbers back and forth between Laos and Thailand, and these have become well-worn circuits. Many of those working in these occupations are males. Girls and women, on the other hand, are often seen as vulnerable to more serious forms of exploitation because they often travel alone or in small numbers and tend to rely more often on transport providers who are unknown to them. The total profits generated from TIP in Laos are unknown. As most traffickers in Laos are probably not professional traffickers, their revenues are likely consumed locally. Most brokers involved in trafficking appear to be local people, often known to those trafficked, with knowledge of how to obtain travel documents and where employment can be found outside the country. A trafficker arrested in Savannakhet in February 2005 was, according to LAPTU, the owner of a local travel agency, indicating travel agencies in some instances may be serving as fronts for human smuggling operations. Little research has been done on trafficking networks, and much of the information about this aspect of trafficking is speculative. ¶H. In March 2007 the GoL's anti-TIP office, which is currently housed in the Immigration Department, is scheduled to be relocated to the General Police Department. This move was decided during the August 2006 National Workshop to Combat Human Trafficking and is seen as a means of broadening the scope of anti-human trafficking policing. With more GoL focus on the anti-TIP office and continued Australian funding for LAPTU, the GoL should be able to proceed with more thorough investigations. To assist the LAPTU unit in improving its skills, the Asia Regional Trafficking in Persons Project (ARTIPP) has placed an expatriate policeman as an advisor to the anti-TIP office and has indicated that funding for LAPTU will increase in 2007. The Lao police have received some training assistance in investigative techniques. Among others, the USG-funded International Law Enforcement Academy (ILEA) in Bangkok has trained Lao police on trafficking-related crimes and on sex crimes, including those aimed at children. In February 2007 Bangkok-based U.S. Immigration and Customs Enforcement Officers visited Laos to discuss child sex tourism and to develop a working relationship with key GoL agencies and NGOs addressing the issue. A U.S. Department of Justice Office of Prosecutorial Development Assistance and Training (OPDAT) delegation also provided some training to prosecutors and investigators in the context of a seminar on management of the prosecutorial function in November 2006. However, in general the ability of the Lao police to investigate trafficking or other crimes is extremely limited. Post has seen no indication that electronic surveillance has been used to thwart traffickers and doubts that the police have much capacity in this area. ¶I. With Australian funding and Lao personnel, the TIP office also has the mission of educating those GoL officials with VIENTIANE 00000185 013 OF 016 whom they come into contact regarding the TIP issue. The TIP office itself has provided some training to its own personnel as well as relevant officials in the MLSW and the Immigration Department. LAPTU has created a handbook on investigations of trafficking crimes for use by LAPTU investigators as well as by police generally. In November 2006 the GoL cooperated with the French Embassy to hold a four-day seminar in Vientiane for Lao and Vietnamese police officials aimed at encouraging greater anti-TIP collaboration along the Lao-Vietnamese border. In December 2006 UNODC organized a seminar in Vientiane on human trafficking for Lao police. This seminar focused on criminal legislation, criminal procedures, and the process of victim repatriation as well as the differences between human trafficking and smuggling. ¶J. Laos is beginning to cooperate more closely with Thailand in the investigation of trafficking cases. This cooperation is still in its infant stage, and improvement in the bilateral relationship is advancing slowly. However, recent successes in working with Thai authorities to arrest traffickers and shut down exploitive Thai businesses hiring Lao workers indicate that the partnership may be more fruitful in the long term. With the creation of the LAPTU the Lao have a law enforcement mechanism that has a mandate to work with law enforcement agencies in other countries. The GoL reported that the arrests of two of the four individuals convicted of human trafficking in 2006 resulted from joint Lao-Thai investigations. ¶K. Laos has extradition agreements with Vietnam, Thailand and Cambodia. However, the GoL has not extradited anyone for trafficking-related crimes. ¶L. There is no evidence of GoL involvement in trafficking on an institutional level. However, at the local level, observers believe it almost certain that some officials are involved in facilitating trafficking, sometimes in collusion with their Thai counterparts. ¶M. According to the GoL, no government officials have been disciplined or punished for involvement in human trafficking. ¶N. There is no evidence that Laos has a significant problem with child sex tourism, although there have been a few cases. The Law on Protection of Children, which was passed by the National Assembly in December 2006, reportedly criminalizes child sexual abuse, child labor, and child trafficking as well as provides protection for victims. International organizations provided assistance in developing the draft law. However, the final version of the law that was passed has not yet been released to the international community and implementing regulations remain to be issued. In practice, authorities would be extremely intolerant of such activities, and pedophiles would likely face severe punishment. The Ministry of Justice supported and the National Assembly passed a new law on transnational child trafficking in 2005 that set strict penalties for those convicted of transnational child trafficking. Also, in early 2006 the Lao National Tourism Administration, in cooperation with Child Wise, Australia's leading child protection agency, launched a campaign against child sex tourism. ¶O. The GoL has signed and ratified ILO Conventions 29, 105, 138, and 182. The GoL has signed the protocol on trafficking supplemental to the UN Convention Against Trans-National Crime, with the aim of getting control of perpetrators of cross-border crimes. The GoL has signed the UN's Convention on the Rights of the Child (CRC). It has also signed a memorandum of understanding with the ILO through which it has joined IPEC's international program for the elimination of child labor. VIENTIANE 00000185 014 OF 016 XXX. Protection and Assistance to Victims: A through C. The MLSW and the Immigration Department, in cooperation with the IOM and UNIAP, are establishing better procedures to assist returning victims of trafficking. The MLSW maintains a small transit center for that purpose in Vientiane. The transit center has assisted more than 800 human trafficking victims since it opened in late 2001. The center assisted 259 trafficking victims in 2006 and has assisted 15 victims during the months of January and February ¶2007. The GoL cooperates with the IOM to protect and counsel returnees that have been processed through the MLSW transit center. A joint UNICEF-Japanese Government-Asia Foundation funded shelter which is run by the LWU opened in late 2005. It provided shelter and legal, medical, and counseling assistance to 17 human trafficking victims between April 2006 and February 2007. In June 2006, the GoL approved an MOU allowing Assistance for Women in Distressing Situations (AFESIP) to open shelters in Vientiane Municipality and Savannakhet Province. AFESIP opened a shelter in Vientiane in October 2006 that is dedicated to providing longer-term shelter and counseling for victims of sexual exploitation, both domestic and those returned from abroad. In 2006, the Lao MLSW cooperated with the Thai Ministry of Social Development and Human Security on a pilot project to locate Lao trafficking victims who were missing in Thailand. The pilot project lasted from February through August 2006 and aimed at establishing coordination mechanisms between Laos and Thailand including a mechanism for reporting missing persons, a standard form for reporting missing persons, and a systematic tracking mechanism in Thailand. ¶D. Unless they are repatriated as part of the bilateral cooperative program, victims of trafficking must run the gauntlet of authorities on both sides of the border to return to Laos. Police in both countries sometimes confiscate the cash earnings of trafficking victims, and police have also been known to offer "rewards" for the return of victims to be able to confiscate earnings. Returnees may still be subject to fines or reeducation in Laos pending the complete dissemination and enforcement of the Law on Women. E through H. Laos has no victim restitution program. The GoL has no special program for witness protection, a matter of concern to the LAPTU. A witness may claim the protection of the police because the Law on Women recognizes the right of trafficking victims to protection and requires the police to provide witness protection. In theory, a trafficking victim could file a civil suit against a trafficker, although this has not been done in practice. The 2004 Law on Women contains provisions recognizing the rights of trafficking victims and requires authorities to respect these rights. The joint UNICEF-Japanese Government-Asia Foundation shelter which is run by the LWU and opened in late 2005 is able to provide some protection to trafficking victims involved in ongoing investigations. There are now three shelters for trafficking victims: the MLSW's IOM-funded shelter; the LWU shelter noted above; and an AFESIP shelter which was opened in October 2006. All three shelters are in Vientiane Municipality. NGOs and international organizations fund most assistance to trafficking victims offered through these shelters. Actual laws against trafficking are contained in the criminal code, including laws forbidding prostitution, procuring, kidnapping, fraud, forced labor and, as of 2005, a law against transnational child trafficking. The GoL, in conjunction with NGOs, has provided limited specialized training to police in recognizing trafficking victims. The LWU produced a training manual that it has used to educate officials about the 2004 Law on Women. The LWU organized six training sessions for police, prosecutors, health and education officials, and court decision enforcement officials in five target locations in 2006: Champassak (August 2006), VIENTIANE 00000185 015 OF 016 Oudomsay (July 2006),Savannakhet (March 2006),and Vientiane Provinces (June and September 2006) as well as Vientiane Municipality (November 2006). The LWU and MLSW also organized January and February 2007 assessment meetings in Vientiane Province to gauge the success of implementation of the Law on Women. UNICEF and Save the Children UK have organized seminars designed to educate officials about TIP issues as well. The MLSW has also organized and paid for several such seminars on its own and held a meeting in December 2006 to assess the implementation of the Lao on Women. The meeting was chaired by a LWU representative and included approximately 45 attendees including immigration police, prosecutors, and judges. The Lao Embassy in Bangkok has occasionally acted to help Thai authorities and the Lao MLSW coordinate their repatriation program. Lao Embassy officials have also escorted returnees to Laos on some occasions. The Thai Center for the Protection of Children's Rights (CPCR) and the Foundation for Women of Thailand have also been involved with this effort. ¶I. The following NGOs and International Organizations currently work on trafficking issues in Laos: The United Nations Development Program (UNDP) Phonkheng Rd, Ban Phonsaat Tel: (855-21) 213390, 213391, 213394, 213395, 213396, 213397 and 214227 Fax: (855-21) 212029 and 214819 UNICEF Thadeua Rd, Ban Watnak Tel: (855-21) 315200, 315201, 315202, 315203, 315204 fax: (855-21) 314852. Save the Children, Australia: 213 Phonsavanh St, Unit 16, ban phonsavanneua Tel: (855-21) 416937, 415432 Save the Children, Norway: P.O.Box 7475 Vientiane, Lao PDR Tel: (855-21) 314814-5 Fax: (855-21) 314813 Save the Children, UK 373 Nasay St., Ban Nongbone Tel: (856-21) 452058, 452059 and 452060 Fax: (856-21) 452 057 ILO - IPEC: International Program on the Elimination of Child Labor 006 Phonkheng Rd, Phonexay Village, Xaysettha District, Vientiane Prefecture, Lao PDR Tel/fax: (856-21) 412335 Mobile (856-20)511633, 515015. Norwegian Church Aid P.O. Box 4804, Vientiane Tel: (856-21) 413-867, 416-510, 450-264 Fax: (856-21) 413-450 World Vision 197 Dongpayna Road P.O. box 312 Vientiane 01005 Tel: (865-21) 412-933, 452-100 Fax: (856-21) 452-101 Asia Regional Cooperation to Prevent People Trafficking P.O. Box 2391, Vientiane VIENTIANE 00000185 016 OF 016 Tel: (856-21) 262-396 Fax: (856-21) 262-609 World Education/Consortium 10 Fagnum Rd, Ban Phiawat Tel: (855-21) 214524, 222439 Fax: (855-21) 217553 Village Focus International P.O. Box 4697 Vientiane Lao PDR Tel. (856-21) 452-020 Handicap International 158 Rue Chaimeuang Bp 946 Savannakht, Lao PDR Tel. (856-41) 212818 Care, International 139/17 Thong Toum road P.O. Box 4328 Vientiane, Lao PDR Tel. (856-21) 217-988 Fax. 214-415 Assistance for Women in Distressing Situations (AFESIP) P.O. Box 3128 Vientiane, Lao PDR Tel. (856-21) 312-362 Fax. 214-415 International Office for Migration (IOM) 8th Floor, Kasemkij Building 120 Silom Road Bangkok 10500 Thailand Tel. (66-2) 206-8500 Fax. (66-2) 206-8599 These NGOs have roughly the same anti-trafficking goals: to educate youth, to elicit better behavior from government toward victims, and to encourage the evolution of the rule of law with regard to trafficking and other abuses. UNICEF and UNDP, because of their size and steady funding, probably enjoy the best government access, and they cooperate readily with the smaller NGOs. The International Office of Migration (IOM),based in Thailand but now with approval to open an office in Laos, is increasingly involved in trafficking matters in Laos. Embassy POC on anti-trafficking is Political Officer Terry Mobley, Tel: (856-21) 26-7000, Fax: (856) 26-7190, E-mail mobleytd@state.gov (Terry will complete his assignment in Laos in July 2007). The 2007 TIP report for Laos was prepared by Terry Mobley, grade FS-3, and required approximately 30 hours to complete the writing of the report. One locally engaged staff member also conducted approximately eight hours of data collection work in support of the updated TIP report, and the post review and clearance process required approximately eight hours. The TIP portfolio requires approximately seven percent of a full-time officer's time - roughly 150 hours per year. HASLACH