NINTH ANNUAL TIP REPORT FOR LAOS

UNCLAS SECTION 01 OF 20 VIENTIANE 000071

SENSITIVE

SIPDIS

DEPT FOR EAP/MLS
DEPT FOR EAP/RSP
DEPT FOR G
DEPT FOR G/TIP

DEPT PASS TO USAID

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF
SMIG, LA
SUBJECT: NINTH ANNUAL TIP REPORT FOR LAOS

REF: STATE 132759


1. (SBU) Summary. Laos is overwhelmingly a sending country for
human trafficking, although on a small scale it is also a transit
and receiving country, with some domestic trafficking victims in the
commercial sex trade. 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 a larger economy help
Lao find ready employment. Laos' trafficking problem is largely a
matter of economics: Laos is among the poorest countries in Asia,
and its poverty and high level of unemployed or underemployed youth
provide a steady stream of laborers to Thailand. The global economic
crisis may led to fewer legal employment opportunities in Thailand,
but Post expects the bright lights and big cities across the border
to continue attracting young Lao migrants, some of whom will become
trafficking victims. While the Government of Laos (GOL)has put
trafficking in persons high on its agenda, its efforts are hampered
by a lack of resources, poor training for key officials, and an
ongoing corruption problem. GOL efforts to address trafficking seem
to be increasing, along with a willingness to work more closely with
the international community, but there remains much to be done. End
summary.

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TIP REPORT RESPONSES
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2. (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 2009 TIP report for Laos is
sensitive but unclassified (SBU).

XXIII. (U) THE COUNTRY'S TIP SITUATION:

-- A. What is (are) the source(s) of available
information on trafficking in persons? What plans are in
place (if any) to undertake further documentation of
human trafficking? How reliable are these sources?

Information on trafficking is available from the Ministry of Labor
and Social Welfare (MLSW),Ministry of Public Security (MOPS),
National Steering Committee on Trafficking, the United National
Inter Agency Project Against Trafficking (UNIAP),and many
international NGOs. Statistics in Laos are difficult to obtain,
since there are few computerized systems in any agency or
department. However, the GOL is seeking to improve its data
collection and has requested ongoing assistance from trained
personnel in NGOs to help them organize their data. The GOL uses
this data to monitor the trafficking situation, to report to
international bodies, and to request additional assistance and
funding from the international community. Data on the numbers of
identified victims returning from Thailand, numbers in the shelters,
and prosecution numbers appear to be accurate. Country-wide
projections on migration, potential victims in Thailand and other
such assessments are only estimates, however. The cited number of
ongoing investigations in the provinces are minimum numbers as
reported to the Ministry of Public Security, but law enforcement
agencies are just learning to report to central authorities on
trafficking (or other) criminal trends and may not report all cases
under investigation in a timely manner.

-- B. Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Does trafficking occur within the country's
borders? If so, does internal trafficking occur in
territory outside of the government's control (e.g. in a
civil war situation)? To where are people trafficked?
For what purposes are they trafficked? Provide, where
possible, numbers or estimates for each group of
trafficking victims. Have there been any changes in the
TIP situation since the last TIP Report (e.g. changes in
destinations)?

Laos is almost exclusively a source country for human trafficking,
with the vast majority of those trafficked going to Thailand.
Because of the country's extreme poverty and low wages, few
traffickers see Laos as a destination for their victims. (Lao

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factory workers earn between $49-$100 per month, while the minimum
wage in Thailand is roughly $150 per month.) Laos also serves as a
transit country in a small number of cases, although the potential
for further transit grows as road construction and other
infrastructure projects accelerate, linking China, Vietnam, Thailand
and Cambodia through Laos. Although much smaller in scope, internal
trafficking is also a problem, almost exclusively with young women
and girls falling victim to the commercial sex trade in urban areas.
Post has seen no evidence of forced labor in Laos during the
reporting period.

The World Bank in 2006 estimated that there were at least 250,000
Lao workers employed in Thailand, of whom 80,000 are unregistered
according to the Thai Ministry of Labour. Over 20,000 workers have
begun the process of applying for work permits. The Lao Ministry of
Labor and Social Welfare puts the number of Lao workers in Thailand
at 96,000, noting that most are there illegally. There are no
generally accepted figures on how many of these persons are actually
trafficked. Although some of these Lao are trafficked to Thailand,
the 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 majority of migrant laborers-- and
presumably the majority of trafficking victims-- originate from
central and southern Lao provinces and Vientiane Municipality.

In 2008, 235 formally-identified victims of cross-border human
trafficking were returned to Laos from Thailand, bringing the total
number of victims repatriated to Laos under this mechanism since
2001 to more than 1300. An additional 21 were repatriated on 1
January 2009. Of those victims, 86% have been from the Vientiane
capital or one of 3 southern provinces. However, almost all Lao
government agencies, international organizations, and NGOs working
in the trafficking sector note that the majority of victims are not
formally identified. Most who return to Laos do so by crossing back
and returning to their villages or to larger urban centers, largely
without contact with authorities. The International Organization for
Migration (IOM) and Agir pour les Femmes en Situation Precaire
(AFESIP),a French NGO specializing in victims of sexual
exploitation, both note that victims generally prefer to avoid Thai
authorities and what is usually a stay of 5-8 months in the shelter
in Thailand. Male victims are rarely formally identified or seek
assistance from authorities or NGOs after returning to Laos.

-- C. What kind of conditions are the victims trafficked
into?

UNICEF believes that there are four areas where Lao are most likely
to fall victim to exploitative conditions: the southern Thai fishing
industry (for men),prostitution, domestic labor, and factory work
(for women). 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).

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.

-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of being trafficked (e.g. women and
children, boys versus girls, certain ethnic groups,
refugees, IDPs, etc.)?

The groups most vulnerable to the worst forms of trafficking are
minors, especially girls, and highland minorities from Laos'
interior. 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. UNIAP studies show that the
majority of formally-identified victims of trafficking are girls
between the ages of 12-18, from rural but not remote or extremely
poor areas, belonging to the lowland Lao or Tai ethnic group
(approx. 66% of the population),with some basic education. A 2004
IOM study adds that most were employed in domestic labor and factory
work (only 6 of the 124 surveyed by IOM were employed in the sex
industry),and most had been deceived about the conditions, but not

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the type, of work they went into. Other studies suggest that
one-fifth to one-third of trafficking victims were employed in the
sex industry.

-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods
are used to approach victims? For example, are they
offered lucrative jobs, sold by their families, or
approached by friends of friends? What methods are used
to move the victims (e.g., are false documents being
used?). Are employment, travel, and tourism agencies or
marriage brokers involved with or fronting for
traffickers or crime groups to traffic individuals?

Most NGOs believe the majority of trafficked persons become victims
once they reach their destinations, particularly at their places of
employment, rather than during the migration process itself.
According to information from NGOs, the government, or in the
literature reviewed here, there were no cases of kidnapping, very
few cases reported of the "sale" of minors by parents or other
figures to traffickers, and few cases of pressure to migrate from
parents during the reporting period.

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
smugglers and traffickers to assist them in seeking work, especially
in neighboring Thailand. Generally smugglers and traffickers fit no
particular profile. Aside from the Thai employers who traffic the
victims when they reach their destination, most cross-border
traffickers are probably Lao nationals with experience in assisting
cross-border labor movements. There are 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.

Brokers' fees varied widely, from as little as 500 baht (about $14)
to as much as 30,000 baht ($860). The majority, however, paid
between 2,500-7,000 baht ($70-$200) in broker fees, if they used
one.

According to Norwegian Church Aid, many migrants borrow money from
"those who transport them" or from neighbors to finance the travel.
This suggests a vulnerability from indebtedness that can lead to
subsequent exploitation. Initially, migrants may go on their own or
be hired by agents, but many would try to help the migration of
friends or relatives once they had arrived at their destinations.
Young people would rather rely on informal networks of friends or
relatives than agents for transport, accommodation, and employment.
Younger children who do not have these networks, or travel without
informing their families, are those most likely to rely on agents or
solely on themselves, and are hence most at risk from traffickers.

One August 2006 study by the UN notes that adult men and boys are
more likely to be traveling with friends, to known destinations,
without "help" from middle-men. Conversely, women tended to be
younger, more likely to rely on agents which often involved
incurring debts, less likely to know where they were going, and more
likely to migrate alone or with only a few friends.

False documents have sometimes been used to transport people from
Laos 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 ignore these restrictions. Many
Lao entered Thailand without documentation, usually crossing the
Mekong River by boat or traveling across an unmonitored land border.


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

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to Laos to visitxQ*
(al protection
from the authorities, returned across the border again seeking work
in Thailand. Furthermore, they apparently acted as "magnets" for
their peers, perhaps with the assumption that, having fallen victim
once, they are now in a better position to avoid those situations
and help others do the same. The Director of the Lao Women's Union
(LWU) shelter confirmed this trend, noting that, even after
counseling and vocational training, many victims still cannot find
employment in Laos and choose to return to Thailand. NGOs working to
assess reintegration efforts report the same trends of re-migration
after return.


XXIV: (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS:

-- A. Does the government acknowledge that trafficking is
a problem in the country? If not, why not?

The GOL acknowledges trafficking as a problem at the highest levels
and has made combating trafficking in persons a national priority,
within its limited means. The GOL acknowledges human trafficking is
a significant problem in Laos, threatening national security,
economic development, and the welfare of the people. The Deputy
Prime Minister, who is also Minister of National Defense, chairs the
Government's anti-trafficking committee.

-- B. Which government agencies are involved in anti-
trafficking efforts and which agency, if any, has the
lead?

Laos is a member of the Coordinated Mekong Ministerial Initiative
Against Trafficking (COMMIT) process, established in 2004, and under
that umbrella the GOL has established a Ministerial-level National
Steering Committee on Trafficking. This committee is chaired by the
Deputy Prime Minister, who is concurrently the Minister of National
Defense. The Secretariat of that organization is presided over by
the Director of Investigations, Ministry of Public Security (MOPS).
(Note: In November 2008, Laos hosted the annual Summit of Ministers
(SOM 6) under the COMMIT process.) The Ministry of Labor and Social
Welfare (MLSW) has the lead in trafficking prevention, as well as
victim's assistance and reintegration. MOPS has the lead on
investigations and arrests, while the Ministry of Justice (MOJ) and
the Public Prosecutor's Office manage the criminal process. The LWU,
a broad-based Party 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
and currently runs a shelter in Vientiane for victims of domestic
abuse, sexual exploitation, and human trafficking. During the
reporting period, the LWU has also worked to monitor victims'
reintegration in certain targeted districts. The Ministry of Foreign
Affairs (MFA) chairs a regular meeting with all relevant GOL offices
and all the NGOs and international organization in the sector to
coordinate activities, in addition to facilitating meetings with
counterparts in Thailand, Cambodia, Vietnam, and China on regional
trafficking matters. All of the GOL agencies listed above are
represented on the Ministerial Steering Committee. The Lao Youth
Union, Federation of Trade Unions, and Ministry of Education also
play roles in educating potential trafficking victims. Public
awareness campaigns and journalism training - both of which have
received significant attention in the reporting period - are run
with the assistance of the Ministry of Information and Culture,
which controls the Lao media and acts as gatekeeper for foreign
media and all semi-private media content.

The GOL also works on the issue of trafficking with neighboring
countries. The Lao and Thai governments signed an anti-trafficking
Memorandum of Understanding (MOU) in mid-2005 that established a
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 bilateral MOU. The February 27, 2007, signing of
an MOU between the GOL and IOM has allowed IOM to establish a
presence in Laos and to work more closely with the GOL on

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implementation. Negotiations between the GOL and Government of
Vietnam began in November 2008, with the intention of signing an MOU
on trafficking and victim repatriation.

-- C. What are the limitations on the government's
ability to address this problem in practice? For
example, is funding for police or other institutions
inadequate? Is overall corruption a problem? Does the
government lack the resources to aid victims?

Lack of resources is the biggest impediment to the
government's ability to address trafficking problems directly. The
GOL is largely dependent on the donor community to fund
anti-trafficking activities, just as it depends on international
donors to fund public activities in almost every sector. Currently,
86% of the government's public investment budget comes from foreign
donors and official development assistance. Because the GOL
considers trafficking to be a significant threat to the country, and
recognizes its own lack of resources, it has partnered with
international NGOs and donors to carry out anti-human trafficking
activities (under close scrutiny). For example, the LWU Shelter is
funded mostly from international or NGO assistance, and the GOL
depends on IOM and AFESIP to provide long-term assistance for
immediate needs and reintegration. Village Focus International
opened another shelter in October 2008, with the active assistance
and approval of the local MLSW office. The GOL does fund the
transit center in Vientiane, where identified victims of trafficking
returned from Thailand remain for approximately one week while
authorities conduct family and victim assessments to determine if
the victim wants to return home or move to another shelter.

However, international donors and NGOs are not allowed to define
and carry out projects independently. The GOL remains an
authoritarian government jealous of foreign attempts to interact
directly with the population or "meddle" in government affairs, from
the media to social services to law enforcement. It takes one to two
years for an NGO to get an MOU approved, and the NGO must have the
sponsorship of a Lao government agency or Party organization. In
short, the GOL depends on NGOs to resource many trafficking
initiatives, but the GOL retains control over the content, location,
purpose, and eventual outcome of the project. This oversight
occasionally causes delays in programs when the NGOs have funding
available, but cannot begin to spend it without the MOU in place.
All NGO activity is carried out as a direct result of GOL policy and
approval. NGOs sources have stated that over the last two years,
they have found that the GOL is increasingly cooperative,
forthcoming and amenable to all projects related to trafficking
--but it can still take more than a year to complete the paperwork
to initiate a new project. In at least one case, an NGO has been
able to 'short circuit' the interminable MOU process via direct
intervention by the Prime Minister's office to get an
anti-trafficking program started in Savannakhet province.

In addition, Lao law enforcement suffers from lack of resources and
funding across the board, including in the trafficking arena. There
are only about 10,000 police officers in a country of 6 million
people. Police do not have computers, databases, or other technology
to quickly gather data and transmit it to central authorities. While
Australia and UNODC have begun to work with law enforcement
specifically on trafficking issues, there is no international donor
or NGO that can step in and take the reins on basic police and
judicial business such as investigations, arrests, and prosecutions.
This sector is therefore one of the most under-resourced, and will
likely remain that way, in the trafficking fight.

Corruption is another serious problem: it is endemic in Laos, where
civil servants' salaries are usually $35-$60 per month. GOL
officials are susceptible to involvement in trafficking in persons,
trafficking of narcotics and wildlife, illegal logging, and illegal
activities.

The Lao-Thai border is extremely porous, and Lao going to Thailand
can easily avoid official scrutiny. Post has not received any
specific reports of actual trafficking cases involving government
complicity or particular officials colluding in human trafficking
during the reporting period, from NGOs or other sources. However,
low salaries and widespread accounts of official corruption make

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some such cases of involvement likely.

Poor human resources pose yet another problem. Few Lao officials
have the knowledge base or skills to carry out their jobs at
international standards. One NGO stated that it believes the MOU
delays are caused in part because the GOL lacks sufficient capable
staff to oversee the NGO's daily activities, and that MOUs are
delayed until the relevant government staff members are released
from other projects.

A weak judicial sector and the population's general reluctance to
use the court system make it difficult to investigate charges of
either internal or cross-border trafficking. Rather than resorting
to the formal legal system, most Lao, of all ethnicities, prefer to
rely on village mediation and respected local authorities to settle
disputes. Many victims of trafficking likely do not understand what
resources are available to them in the judicial sector, even if the
local officials in their areas have received training on human
trafficking investigation and enforcement procedures.

For example, the Lao Bar Association (LBA) has only 93 members, and
half of them are without formal legal training. Legal aid clinics in
and outside of Vientiane began in June 2007 with funding from The
Asia Foundation and have continued to expand during 2008, but have
made little headway in raising awareness about the role of lawyers
in protecting society. Moreover, the LBA still does not have the
resources to handle the few cases that are brought to its attention.
The LBA is currently assisting 10 victims of human trafficking
through their aid clinic.

Many donors believe that resources for anti-trafficking should be
focused on victim assistance, education and reintegration rather
than on law enforcement. The UN Office for Drug Control and Crime
(UNODC) and the Asia Regional Trafficking in Persons Project
(ARTIP),an Australian effort, run local and regional training
programs with MOPS, MOJ, and Public Prosecutors offices. They are
among the few organizations working directly with law enforcement
efforts, leaving that segment of the trafficking problem with fewer
resources, capabilities, and international attention.

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 Lao 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. In the
meantime, international efforts to bring professional skills and
capacity to Lao investigation and prosecution authorities continue.


-- D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations,
its assessments of these anti-trafficking efforts?

Statistics in Laos are notoriously unreliable and difficult to find.
However, the GOL understands that ongoing international assistance
and monitoring require that the GOL collects more information to
better understand the trafficking situation and evaluate new
programs. The MLSW, for example, completed a comprehensive study of
250 child victims in 2007, looking at their homes, trafficking
routes, jobs, health, and education. As part of the COMMIT process,
MOPS is collecting data - and sharing it with the international
community - on trafficking arrests and investigations under the new
Article 134 of the penal code. (NOTE: Initial results of this data
collection effort, covering prosecutions from January - August 2008
in 3 large provinces, was shared with Embassy Vientiane's
trafficking in persons officer and included details such as the
names and sentences of the traffickers. MOPS is working to collect
information from the remaining provinces, with training and computer
support from ARTIP. End note.) The LWU and MLSW keep track of the
numbers of victims in the transit shelter and LWU shelter. The GOL
has signed MOUs with IOM, World Vision, AFESIP and others to work on
programs to protect victims, and usually gathers data on trafficking
patterns and the victims as part of the work of these NGOs. The

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National Plan of Action (NPA),drafted with the assistance of the
international community, is the first in the region with specific
metrics for evaluation. The Prime Minister is expected to approve
the final draft of the NPA in early 2009.

Laos reported on national efforts to combat trafficking from
prevention to protection to prosecution, at the November 2008 SOM 6
conference on trafficking under the COMMIT process. (The other 5
members of SOM 6 are China, Burma, Thailand, Cambodia and Vietnam.)
The entire event was open to registered observers from international
organizations and embassies who expressed an interest in attending.
The event was also widely covered in the Lao press. In addition, the
GOL makes no apparent effort to ask that NGOs collaborating in this
sector keep information confidential. Members of UNIAP's regular
NGO-GOL working group regularly compare statistics, data, and
information.


XXV: (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:

-- A. Existing Laws against TIP: Does the country have a
law or laws specifically prohibiting trafficking in
persons -- both for sexual exploitation and labor? If
so, please specifically cite the name of the law(s) and
its date of enactment and provide the exact language
[actual copies preferable] of the TIP provisions. Please
provide a full inventory of trafficking laws, including
non-criminal statutes that allow for civil penalties
against alleged trafficking crimes (e.g., civil
forfeiture laws and laws against illegal debt). Does the
law(s) cover both internal and transnational forms of
trafficking? If not, under what other laws can
traffickers be prosecuted? For example, are there laws
against slavery or the exploitation of prostitution by
means of force, fraud, or coercion? Are these other laws
being used in trafficking cases?

-- B. Punishment of Sex Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking
people for sexual exploitation?

-- C. Punishment of Labor Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking for
labor exploitation, such as forced or bonded labor? If
your country is a source country for labor migrants, do
the government's laws provide for criminal punishment --
i.e. jail time -- for labor recruiters who engage in
recruitment of workers using knowingly fraudulent or
deceptive offers with the purpose of subjecting workers
to trafficking in the destination country? If your
country is a destination for labor migrants, are there
laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
trafficking, switch contracts without the worker's
consent as a means to keep the worker in a state of
service, or withhold payment of salaries as means of
keeping the worker in a state of service?

(A, B, and C answered together.)

Laos has a law specifically prohibiting human trafficking, for both
sexual and non-sexual purposes.

In 2006, Laos enacted the revised Article 134 of the penal code
specifically to address human trafficking, and to reinforce and
clarify earlier provisions of the criminal code that had mentioned
human trafficking. The law went into effect in early 2007, with the
first arrests in March 2007 and the first successful prosecution in
November 2007. The text of this and other relevant laws on human
trafficking and treatment of victims follow below. (Note:)

Begin Text:
Article 134: Human Trafficking
Human trafficking is the seeking, concealing, transporting or taking
of people within or from other countries by means of deception,
fraud, threats/intimidation, duress, financial constraints or other
means for the purpose of labor exploitation, prostitution,

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dissemination of pornographic material or other purposes contrary to
national culture, or removal of body organs for the purpose of
making illegal gains.

The above mentioned actions performed on minors/children under 18
years of age will be considered as human trafficking even in the
absence of deception or fraud, intimidation, duress or financial
constraints.

Any person performing infractions in the category of human
trafficking shall be punished by privation of liberty for a period
of five to fifteen years and shall be fined an amount of 10.000.000
to 100.000.000 Kip [note: USD 1,169 to 11,690) and shall have their
assets confiscated according to Article 32 of this law.

In the case with infractions performed habitually, performed as an
organized group, the victim is a child/minor, the victim is two or
more people, the perpetrator is a close relative, or the victim is
seriously injured, is physically maimed or has lost mental
faculties, the perpetrator performing the infraction in the category
of human trafficking shall be punished by privation of liberty for a
period of fifteen to twenty years and shall be fined an amount of
100.000.000 to 500.000.000 Kip (note: USD 11,690 to 58,470) and
shall have their assets confiscated according to Article 32 of this
law.

In the case where the offence results in the victim being
permanently disabled, contracts AIDS or results in the loss life,
the perpetrator as a human trafficker shall be punished by privation
of liberty for life imprisonment and shall be fined an amount of
500.000.000 to 1.000.000.000 Kip (USD 58,470 to 116,950)and shall
have their assets confiscated according to Article 32 of this law or
shall be executed/sentenced to death.

When the offence is in the category of trafficking women or children
the law on the Promotion/Development and Protection of women can be
applied.

Preparation to commit, attempt such infractions shall be punished.

End Text.

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, in
addition to the same penalties and definitions of human trafficking
that were later included in penal code Article 134. Those specific
provisions on victims' rights and protections are listed below. Note
that Article 28 includes paragraphs requiring that Lao government
officials at embassies and consulates abroad assist Lao victims, and
Lao government agencies in Laos assist foreign victims. Both are
charged with working with foreign countries to assist in
prosecutions.

Begin text of Lao Law on Development and Protection of Women:

Article 25. Rights of Victims
A victim means a person who has suffered from trafficking in women
and children. Victims have the following rights:


1. To ask for assistance from any individual who is nearby;

2. To notify police officers;

3. To testify and present evidence relating to the case, to
concerned officers;

4. To request for compensation, to be rehabilitated and to be
reintegrated into the society;

5. To receive protection and care to ensure personal safety;

6. Not to be prosecuted and detained on any charge of trafficking in
women and children, prostitution, [or] illegal immigration;

7. Not to be photographed, [and] not to have any video recorded or
broadcast, where such would affect personal honour;

8. To receive suitable assistance in the form of shelter, food,
clothes, medical services, vocational training, repatriation and
others;

9. To have other rights according to laws and regulations.

Article 26. Duties of Society

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Individuals or organisations that discover victims of trafficking in
women and children or receive data or information concerning such
trafficking shall report to the village administration, the police
or other concerned authorities, and shall, at the same time, give
assistance to victims. Party and State organisations, the Lao Front
for National Construction, mass organisations, social organisations
and families shall disseminate information and educate so that the
whole society becomes aware of the acts and impact of trafficking in
women and children in order that women and children stay vigilant
and not fall victim to such trafficking and be active in combating
and preventing [such trafficking].

To combat and prevent trafficking in women and children, the
government establishes a national committee for prevention of
trafficking in humans.

Article 28. Assistance by Officers to Victims
During the process, police officers must cooperate with concerned
counterparts such as doctors, social workers and other parties in
order to give necessary and urgent assistance, to provide medical
treatment and counseling services to the victims and to send them to
safe shelter. In the case where the victims are children, there
shall be special treatment to restore [their] physical and mental
health and to provide assistance to [meet] the specific needs of the
children, in order to ensure that those children have guardians and
to help them to return to their family and society.

In the case of victims abroad who are Lao citizens, the concerned
Lao embassy or consulate shall give necessary and urgent assistance
to the victims, especially safety and social welfare, and shall
co-operate with concerned officials of that country in order to
prosecute offenders, and the victims shall be repatriated
thereafter.

In the case of victims in the Lao PDR who are citizens of foreign
countries, in addition to implementing the third paragraph mentioned
above, Lao officials shall cooperate with the embassy or consulate
of the victim's country in the Lao PDR through the Ministry of
Foreign Affairs in order to repatriate the victims.

End text.

The Law on the Protection of Children's Rights, enacted on December
27, 2006, echoes the definition and penalties for trafficking that
are in Article 134, further states in Article 89 that sexual
intercourse with a child under age 15 is against the law, and "Any
individual who offers, receive an offer, recruit or provide children
under 18 years old to serve as prostitute is deemed to have
committed a crime and shall be imposed a punishment by applying
(new) Article 134 of the penal code."

These laws were 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 the
Law on Women, parts of which were later incorporated into penal
code's Article 134. The Lao penal code also has additional
provisions against prostitution, procuring, kidnapping, and selling
persons. There are also other statutes forbidding coercion and
depriving people of wages.

-- D. What are the prescribed penalties for rape or
forcible sexual assault?

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 prior to the passage of
Article 134. The legal age of consent in Laos is 15.

-- E. Law Enforcement Statistics: Did the government
prosecute any cases against human trafficking offenders
during the reporting period? If so, provide numbers of
investigations, prosecutions, convictions, and sentences
imposed, including details on plea bargains and fines, if

VIENTIANE 00000071 010 OF 020


relevant and available. Please note the number of
convicted traffickers who received suspended sentences
and the number who received only a fine as punishment.
Please indicate which laws were used to investigate,
prosecute, convict, and sentence traffickers. Also, if
possible, please disaggregate numbers of cases by type of
TIP (labor vs. commercial sexual exploitation) and
victims (children under 18 years of age vs. adults). If
in a labor source country, did the government criminally
prosecute labor recruiters who recruit workers using
knowingly fraudulent or deceptive offers or by imposing
fees or commissions for the purpose of subjecting the
worker to debt bondage? Did the government in a labor
destination country criminally prosecute employers or
labor agents who confiscate workers' passports/travel
documents for the purpose of trafficking, switch
contracts or terms of employment without the worker's
consent to keep workers in a state of service, use
physical or sexual abuse or the threat of such abuse to
keep workers in a state of service, or withhold payment
of salaries as a means to keep workers in a state of
service? What were the actual punishments imposed on
persons convicted of these offenses? Are the traffickers
serving the time sentenced? If not, why not?

The GOL did investigate and prosecute cases of human traffickers
under Article 134 of the criminal code during the reporting period.
Cases of labor recruiters found to use force, fraud or coercion were
prosecuted as human traffickers. According to information from the
Supreme People's Court, 15 people were convicted for human
trafficking in 2008. While we do not have sentencing information for
all 15 cases, MOPS provided data on three cases: one trafficker was
sentenced to 15 years imprisonment and fined, and two were sentenced
to one year imprisonment and fined. All three are currently serving
their sentences. MOPS sources informed EmbOff that they are in the
process of collecting nation-wide data, and hope to have it
available early in 2009. There were 53 ongoing investigations, as of
December 2008. The government-controlled press regularly reports on
specific arrests related to human trafficking as a warning to both
traffickers and potential victims.

-- F. Does the government provide any specialized
training for government officials in how to recognize,
investigate, and prosecute instances of trafficking?
Specify whether NGOs, international organizations, and/or
the USG provide specialized training for host government
officials.

The GOL does provide training on human trafficking to officials,
sometimes using NGOs and international organizations in addition to
sessions run by GOL agencies. Examples during the reporting period
include six workshops for training MOJ and law enforcement officials
about the legal foundations of fighting human trafficking (provided
by UNODC, June 2007-December 2008); quarterly workshops led by the
Lao Tourism Authority on how to recognize possible child trafficking
cases (jointly with Childwise and the Lao Tourism Police); technical
assistance training of MOPS and LWU on data collection and
monitoring skills (provided by UNICEF); MLSW workshops on the
Lao-Thai MOU and protection of Lao workers (February and December
2008); a series of seminars on how to implement human trafficking
laws across the region for MOJ and LWU (funded by UNIAP and ARTIP);
People's Supreme Court, Public Prosecutors, and MOPS training of
village chiefs and district officials on investigations involving
children; MLSW teams training district and village officials on safe
migration and trafficking risks; Lao Bar Association and MOJ
disseminating information on the trafficking laws and victims rights
to nine provinces (June 2007-May 2008); UNIAP programs at the
National University to educate students on the dangers of
trafficking in September and December 2008; and a National
Conference on the Prevention of Human Trafficking in September 2008.


--G. Does the government cooperate with other governments
in the investigation and prosecution of trafficking
cases? If possible, provide the number of cooperative
international investigations on trafficking during the
reporting period.

VIENTIANE 00000071 011 OF 020



The GOL does cooperate with other agencies, particularly Thai
police, to investigate and prosecute trafficking cases. Post does
not have information on the total number of such international
investigations, although anecdotal press reports suggest that almost
all trafficking cases begin with information from victims coming
from Thailand. However, according to The Asia Foundation,
cross-border investigations are hampered by lack of technical
resources and information. The formally-identified victims who are
repatriated to Laos - roughly 235 last year - have folders of case
information that are sent to the Lao authorities at the time of the
repatriation. The information is usually hand-written in Thai, and
Lao officials often cannot read the handwriting, leaving thousands
of pages of documents on specific, identified cases sitting in
archives.

During the reporting period, at least 6 Vietnamese women were
rescued by Savannakhet provincial units of the Anti-Trafficking
Police and referred to two NGOs for medical checks, counseling, and
temporary shelter. Four victims chose not to cooperate on
prosecuting the traffickers, and were repatriated back to Vietnam.
Two victims are still in temporary shelters in Laos, with the
investigation continuing. This process of repatriating Vietnamese at
the local level is still informal, pending the signing of the
Laos-Vietnam MOU on trafficking and repatriation, but appears to be
working well along the Vietnam-Laos-Thailand highway corridor.

The GOL regularly hosts meetings at the central and provincial level
to consult with counterparts on human trafficking with both Thailand
and Vietnam.

-- H. Does the government extradite persons who are
charged with trafficking in other countries? If so,
please provide the number of traffickers extradited
during the reporting period, and the number of
trafficking extraditions pending. In particular, please
report on any pending or concluded extraditions of
trafficking offenders to the United States.

Laos has extradition agreements with Vietnam, Thailand, and
Cambodia. Post has no information on whether such extraditions
occurred during the reporting period.

-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional
level? If so, please explain in detail.

There is no evidence of GOL involvement in trafficking on an
institutional level, nor have specific human trafficking cases been
reported to the Embassy through NGOs or other sources of information
involving individual Lao officials during the reporting period.
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. These local Lao
officials may be complicit in the smuggling and have probably been
aware of the intentions of those traveling to Thailand. There is
also evidence that border officials permit smuggling of all kinds,
and presumably this includes humans. However, the majority of Lao
victims are trafficked once they reach their destination in
Thailand, making it even less certainhow many - and to what extent -
Lao officials are involved in the human trafficking trade as opposed
to smuggling.

-- J. If government officials are involved in
trafficking, what steps has the government taken to end
such participation? Please indicate the number of
government officials investigated and prosecuted for
involvement in trafficking or trafficking-related
corruption during the reporting period. Have any been
convicted? What sentence(s) was imposed? Please specify
if officials received suspended sentences, or were given
a fine, fired, or reassigned to another position within
the government as punishment. Please indicate the number
of convicted officials that received suspended sentences
or received only a fine as punishment.

GOL officials are susceptible to involvement in trafficking of

VIENTIANE 00000071 012 OF 020


narcotics and wildlife, illegal logging, and illegal activities, in
addition, potentially, to trafficking in persons. Post has not
received any specific reports of actual trafficking cases involving
government complicity or particular officials colluding in human
trafficking during the reporting period, from NGOs or other sources.
However, low salaries and widespread accounts of official corruption
make some such cases of involvement likely. Embassy Vientiane has no
reports of government officials disciplined or punished for
involvement in human trafficking. However, low salaries and
widespread accounts of official corruption make some such cases of
involvement likely.

-- K. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers
criminalized? Are these laws enforced? If prostitution
is legal and regulated, what is the legal minimum age for
this activity? Note that in countries with federalist
systems, prostitution laws may be under state or local
jurisdiction and may differ among jurisdictions.

Prostitution is illegal in Laos but in practice is widespread, and
authorities have usually made few efforts to halt it. Lao law
prohibits foreigners from engaging in sexual activity with Lao
citizens outside of marriage, and foreigners are regularly fined,
and occasionally arrested, under this law. Both sex workers and
clients are usually Lao. During the reporting period, six Vietnamese
women were rescued from the commercial sex trade by the
Anti-Trafficking Police. See para G above. Although they refused to
cooperate on the prosecution side, NGO workers assisting them say
that their clients were primarily Vietnamese, using the new highway
connecting Vietnam and Laos.

The government periodically moves to shut down establishments, such
as bars, nightclubs and discos, where prostitutes operate. For
example, during the reporting period, AFESIP noted a marked increase
in police surveillance of "corner beer shops" known for providing
commercial sex workers in both Savannakhet and Champassak provinces.
Many of those shops have since shut down or appear to have exited
the commercial sex trade. In one specific instance in Luang Prabang,
AFESIP reported a case of possible internal trafficking (underage
prostitution) to local police, resulting in the arrest of one
alleged trafficker and the closure of two beer shops. Anecdotal
evidence suggests police in Vientiane Municipality have not been as
active against the smaller shops, although they occasionally raid
larger nightclubs. Nevertheless, extreme poverty and lack of viable
economic opportunities for young people ensure a perpetuation of
prostitution in spite of anti-prostitution laws and occasional
government campaigns.

The majority of establishments offering sex workers - discos, bars,
beer shops 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 sexual services are generally arranged between
the sex worker and the client. 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 subjected to abuse; as well as
greater likelihood of increased low-level GOL officials involved in
the prostitution trade.

-- L. For countries that contribute troops to
international peacekeeping efforts, please indicate
whether the government vigorously investigated,
prosecuted, convicted and sentenced nationals of the
country deployed abroad as part of a peacekeeping or
other similar mission who engaged in or facilitated
severe forms of trafficking or who exploited victims of
such trafficking.

Laos does not contribute troops to international peacekeeping
efforts.

VIENTIANE 00000071 013 OF 020



-- M. If the country has an identified problem of child
sex tourists coming to the country, what are the
countries of origin for sex tourists? How many foreign
pedophiles did the government prosecute or deport/extradite to their
country of origin? If your host country's nationals are
perpetrators of child sex tourism, do the country's child sexual
abuse laws have extraterritorial coverage (similar to the U.S.
PROTECT Act) to allow the prosecution of suspected sex tourists for
crimes committed abroad? If so, how many of the country's nationals
were prosecuted and/or convicted during the reporting period under
the extraterritorial provision(s) for traveling to other countries
to engage in child sex tourism?

Sexual relations between foreigners and Lao citizens, of any age,
outside marriage are prohibited by law, and police routinely fine
foreigners who are suspected of the crime. Sex with a minor under
age 15 is also illegal. While there is no hard evidence that Laos
has a significant problem with child sex tourism, either as a
destination or a source country, government officials, consular
officers, and NGOs all believe the trade is likely to grow, given
additional enforcement of child sex tourism laws elsewhere in the
region and the growing interest in Laos as a tourist destination.

Tourism in Laos has grown from less than 900,000 visitors in 2004 to
over 1.8 million visitors in 2008. Over 55% of those tourists are
from Thailand, with another 23% coming from other Asian countries,
according to 2007 statistics. "International" tourists (from Europe,
Australia and the Americas) make up the remaining 22% of tourists
coming to Laos.

This increase in tourism and the child sex tourism problems
elsewhere in the region have attracted the attention of Lao
authorities, who are attempting to prevent child sex tourism from
taking root in Laos. At the November 2008 COMMIT Summit, for
example, Lao officials presented their plans for working in
coordination with the tourism sector to prevent the problem from
developing in Laos.

With laws criminalizing sexual exploitation of children, Laos has
strong legal codes in place. The government has called on
traditional anti-trafficking agencies - MOPS, MLSW, Ministry of
Justice - to work with the Lao National Tourism Authority to combat
the problem. Already many major international hotels, tour
operators, minivan drivers, and other related agencies in Vientiane,
Champassak, and Luang Prabang - the biggest tourism destinations -
have posters created by Childwise prominently displayed in bars and
lobby areas, and on bumper stickers. UNESCO and Save the Children
created a radio campaign in several local ethnic languages at the
behest of the MLSW to increase awareness of the problem. (Note:
Radio reaches over 80% of the Lao population, the largest reach of
any medium in Laos.) Animated cartoons and videos created by IOM,
Save the Children and UNICEF are distributed by the Lao Youth Union
and in schools and other centers that attract youth. Tourism sector
employees are receiving training to report suspicious behavior,
including quarterly seminars jointly hosted by the GOL and NGOs in
major tourist destinations throughout the year. The June 2008
seminar included strategies for evaluating the success of the
previous year's training, and solicited ways of improving and
expanding the training. Training of tourist police also continued
during the reporting period.

The guidelines given to police and tourism workers state that
protecting children from child sex tourism and child labor abuse in
the tourism industry is a primary objective for the tourism police.
Laos has a telephone number available to report incidents, although
Post has no information on specific cases reported through this
mechanism. However, given the shortage of resources and training of
law enforcement cited above, and the potential for corruption, it is
not clear how effective the law enforcement response to a report of
child sex tourism might be. Post has reliable information about an
incident of an Australian calling the tourism police number to
report a possible Swiss pedophile at the local swimming pool, but
receiving very little cooperation from the person answering the
phone. It is unclear whether the telephone number will reach an
English speaking officer on a regular basis, making it difficult for
tourists to report suspicious activity by other tourists.

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XXVI: (U) PROTECTION AND ASSISTANCE TO VICTIMS:

-- A. What kind of protection is the government able
under existing law to provide for victims and witnesses?
Does it provide these protections in practice?

Most victims and witnesses are associated with trafficking cases
involving criminal activity in Thailand. Although in theory the law
provides for privacy rights of victims and protection of witnesses,
in practice that type of support is rarely relevant to Lao
authorities.

-- B. Does the country have victim care facilities
(shelters or drop-in centers) which are accessible to
trafficking victims? Do foreign victims have the same
access to care as domestic trafficking victims? Where
are child victims placed (e.g., in shelters, foster care,
or juvenile justice detention centers)? Does the country
have specialized care for adults in addition to children?
Does the country have specialized care for male victims
as well as female? Does the country have specialized
facilities dedicated to helping victims of trafficking?
Are these facilities operated by the government or by
NGOs? What is the funding source of these facilities?
Please estimate the amount the government spent (in U.S.
dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the
reporting period.

The MLSW and the Immigration Department, in cooperation with IOM,
UNIAP, Village Focus (VFI),and AFESIP, work together to provide
victims assistance. Women and children are the primary users of
these facilities. The MLSW maintains a small transit center for that
purpose in Vientiane. The transit center has assisted more than 1300
human trafficking victims since it opened in late 2001, including
approximately 235 in 2008 and 21 in January 2009. Victims stay in
the transit shelter for approximately one week, while officials
attempt family assessments and counseling. Victims are asked whether
they wish to return to their families or need additional time in a
shelter. Very few victims request referrals to the LWU,VFI, or
AFESIP shelters since they spend 5-8 months, on average, in a
shelter in Thailand before being returned to Laos. GOL officials
escort victims home when that is the choice made by the victims.
Those victims not ready to return home are referred to the AFESIP
shelters in Vientiane or Savannakhet, the VFI shelter in Pakse, or
the LWU shelter in Vientiane for longer term care and vocational
training. The LWU shelter for victims of domestic violence and
trafficking opened in late 2005 with joint funding from UNICEF, the
Japanese Government, and The Asia Foundation. It provided shelter
and legal, medical, and counseling assistance to 48 women in 2007
and 40 in January/February 2008. Approximately one third were
trafficking victims. Post is waiting for additional 2008 data.
AFESIP opened its shelter in Vientiane in October 2006 and the
Savannakhet shelter in October 2008, dedicated to providing
longer-term shelter and counseling for victims of sexual
exploitation, both domestic and those returned from abroad. That
shelter assisted 27 victims as long-term residents in 2008. In
addition, AFESIP conducted 121 reintegration assessments for the
MLSW. The Village Focus shelter in Pakse opened in October 2008 and
will also conduct vocational training classes and offer services to
assist with reintegration, working with the Ministry of Education.

-- C. Does the government provide trafficking victims
with access to legal, medical and psychological services?
If so, please specify the kind of assistance provided.
Does the government provide funding or other forms of
support to foreign or domestic NGOs and/or international
organizations for providing these services to trafficking
victims? Please explain and provide any funding amounts
in U.S. dollar equivalent. If assistance provided was
in-kind, please specify exact assistance. Please specify
if funding for assistance comes from a federal budget or
from regional or local governments.

Generally the government does not have the resources to provide
extended care to trafficking victims beyond the basic services at

VIENTIANE 00000071 015 OF 020


the MLSW transit center, and so requests assistance from NGOs. When
possible, the government does provide assistance in kind, for
example, providing the land for the AFESIP shelter in Savannakhet.
The LWU has a representative in every village in Laos and helps to
monitor cases of victims returning home after staying in its
shelter.

-- D. Does the government assist foreign trafficking
victims, for example, by providing temporary to permanent
residency status, or other relief from deportation? If
so, please explain.

Foreign trafficking victims are generally given basic social
services assistance commensurate with that given to Lao victims.
Norwegian Church Aid, for example, signed an MOU with the GOL in
2008 to help Vietnamese victims, using funding granted by the
Embassy of Norway in Vietnam. That process is conducted jointly
between Lao and Vietnamese authorities to return the victims in a
safe and humane manner. World Vision and AFESIP have both assisted
Vietnamese victims referred by the local police or MLSW during the
reporting period.

-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?

The LWU and AFESIP shelters all provide longer-term housing and
vocational training. AFESIP and Village Focus both provide these
services on behalf of the MLSW, using donor resources. The GOL does
not have the funds to provide the services without assistance.
Various donors have microfinance programs in addition to the
vocational training. Save the Children Australia ran one such
program in the north, Village Focus, World Vision and others operate
similar programs in the south. (Note that 86% of the GOL budget is
from development assistance.)

-- F. Does the government have a referral process to
transfer victims detained, arrested or placed in
protective custody by law enforcement authorities to
institutions that provide short- or long-term care
(either government or NGO-run)?

Yes. The MLSW transit center receives victims from the immigration
authorities, then refers identified trafficking victims to other
shelters at the victim's request or if an assessment determines they
cannot be sent home. The other shelters are operated by the LWU,
AFESIP, or Village Focus. According to several NGOs, law enforcement
authorities at the provincial levels have also referred cases of
both domestic and international trafficking victims to their
shelters or services.

-- G. What is the total number of trafficking victims
identified during the reporting period? Of these, how
many victims were referred to care facilities for
assistance by law enforcement authorities during the
reporting period? By social services officials? What is
the number of victims assisted by government-funded
assistance programs and those not funded by the
government during the reporting period?

In 2008, approximately 235 trafficking victims were returned to Laos
from Thailand under the official repatriation mechanism and another
21 followed in January 2009. Trafficking victims are currently
identified through a formal program with Thai authorities, whereby
Thailand identifies the victims, provides initial shelter and some
counseling, then repatriates them to Laos. IOM and the Lao Embassy
in Bangkok facilitate the process. The victims spend a week at the
transit center in Vientiane, then are returned home or referred to
the LWU or AFESIP shelters. Domestic trafficking victims, such as
girls found working in the "beer shops," can be referred to either
shelter as well. The Village Focus shelter receives referrals from
local authorities, other NGOs and from their own staff. Other
foreign victims are sometimes referred to these shelters by local
authorities as well. Local social services and police officials do
not report how many domestic or foreign victims they refer to
shelters to central government authorities.


VIENTIANE 00000071 016 OF 020


-- H. Do the government's law enforcement, immigration,
and social services personnel have a formal system of
proactively identifying victims of trafficking among
high-risk persons with whom they come in contact (e.g.,
foreign persons arrested for prostitution or immigration
violations)? For countries with legalized prostitution,
does the government have a mechanism for screening for
trafficking victims among persons involved in the
legal/regulated commercial sex trade?

The majority of trafficking victims are returned as such via a
formal process established with Thai authorities. Lao law
enforcement have received training on how to identify victims who
are returning as migrants, but have very limited resources. In
addition, Thai authorities routinely conduct "irregular" returns, in
which they simply force groups of migrants across the border. These
returnees may not come through a border checkpoint, so they are not
available for any formal screening by immigration authorities.
AFESIP and World Vision report that immigration authorities have
occasionally called on their Savannakhet resources, shelter, or
staff to assist a potential victim who was part of an "irregular"
return through a border checkpoint.

-- I. Are the rights of victims respected? Are
trafficking victims detained or jailed? If so, for how
long? Are victims fined? Are victims prosecuted for
violations of other laws, such as those governing
immigration or prostitution?

Officially-identified trafficking victims returned from Thailand
through the formal process are neither jailed nor fined. They are
placed in a transit shelter one week while officials and social
services staff from the MLSW conduct assessments, then are returned
home or sent to longer term shelters at the victims' request. The
elimination of exit visas in January 2007 and the official
elimination of the "fines" for returning migrants in 2005 have
helped protect victims from legal prosecution. None of the
organizations we spoke to could identify a specific instance of
identified trafficking victims being forced to pay fines to local
authorities for returning home. The MLSW and other GOL parties
continue to instruct provincial authorities that they cannot fine
returning trafficking victims or returning migrants. Post has heard
anecdotally of cases of female victims of domestic trafficking
simply "freed" from the bar owners and sent home, while the bar
owners are apparently facing prosecution. There have been no
attempts to prosecute or fine victims of domestic trafficking or
sexual exploitation who have passed through either the AFESIP or LWU
shelter.

-- J. Does the government encourage victims to assist in
the investigation and prosecution of trafficking? How
many victims assisted in the investigation and
prosecution of traffickers during the reporting period?
May victims file civil suits or seek legal action against
traffickers? Does anyone impede victim access to such
legal redress? If a victim is a material witness in a
court case against a former employer, is the victim
permitted to obtain other employment or to leave the
country pending trial proceedings? Are there means by
which a victim may obtain restitution?

The GOL does encourage victims to cooperate with prosecutions,
although several NGOs are working hard to ensure that victims are
not "revictimized" by law enforcement pressure to cooperate with the
judicial process. Other NGOs are encouraging Lao enforcement to
gather more information from victims, leading some law enforcement
officials to believe they are hearing contradictory "international
standards." Laos has no victim restitution program. The GOL has no
special program for witness protection, a matter of concern to the
trafficking police, although the law calls for the protection of the
victims' identities (see section 28, Law on the Protection of Women,
Article 25,"Rights of Victims"). Since the majority of identified
trafficking victims are returned from Thailand, law enforcement in
Laos is not as concerned with witness protection. In theory, a
trafficking victim could file a civil suit against a trafficker,
although this has not been done in practice in Laos. Victims
returned from Thailand have usually been interviewed by Thai police,

VIENTIANE 00000071 017 OF 020


and a few have helped in the successful prosecution of their
traffickers before returning to Laos. Access to legal redress is
restricted by culture and lack of resources for both the victims and
the legal community. Cases that do reach the prosecution stage in
Laos are most likely the result of information from the victims or
their families upon the victim's return home.

Most Lao, including trafficking victims, are not familiar with the
use of court procedures to redress grievances of any kind. The legal
aid clinic program run by the Lao Bar Association is working to
teach people how lawyers can provide assistance. The Ministry of
Justice is also working to disseminate information on this issue.
Most Lao use mediation and arbitration through respected village
leaders to settle disputes. NGOs report stories of victims asking
for village leaders to intervene in local situations where brokers
may have acted in bad faith, but those situations are often not
reported to the authorities. With only 10,000 or so policemen in the
entire country, many villages do not have local law enforcement
personnel to even take reports, much less conduct thorough
investigations. Many trafficking victims may not even know that
legal avenues exist, which is why the LWU and other mass
organizations expend so much effort on disseminating laws. During
the reporting period, the LWU conducted training on the law on the
rights of women and children in all 17 provinces.

In the case of the Vietnamese victims rescued by Savannakhet
Anti-Trafficking Unit Police during the reporting period, the
victims refused to testify against their traffickers, and were
repatriated by provincial authorities.

-- K. Does the government provide any specialized
training for government officials in identifying
trafficking victims and in the provision of assistance to
trafficked victims, including the special needs of
trafficked children? Does the government provide
training on protections and assistance to its embassies
and consulates in foreign countries that are destination
or transit countries? What is the number of trafficking
victims assisted by the host country's embassies or
consulates abroad during the reporting period? Please
explain the type of assistance provided (travel
documents, referrals to assistance, payment for
transportation home).

The government does provide training in all areas of the trafficking
problem, supported by NGOs, international organizations, and
regional bodies, although targeted toward specific at risk
provinces. See paragraphs F, in Section XXV.

Representatives at Lao embassies abroad are also instructed in their
duties to assist in repatriation of victims, as noted in Section 28
in the text of the Law on the Protection of Women. Lao
representatives at the Embassy in Thailand, for example, work with
IOM and the MLSW to repatriate Lao victims. The Lao Embassy in
Bangkok has a special unit charged with assisting migrants and
trafficking victims. Usually the unit provides documents for the
repatriation, if necessary, and coordinates shelter and assistance
with the authorities in Thailand. The unit has, on occasion, funded
the return of truly destitute victims who are not returned via the
Thai shelter/IOM mechanism. Officials from the Lao Embassy in
Bangkok have also escorted returnees to Laos on some occasions,
according to the MFA. 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.

The MLSW has a unit dedicated to protecting children identified as
trafficking victims, and both the AFESIP shelter and the LWU shelter
have programs in place for younger children. Approximately 80% of
the victims of human trafficking returned from Thailand in 2008 were
under age 18.

-- L. Does the government provide assistance, such as
medical aid, shelter, or financial help, to its nationals
who are repatriated as victims of trafficking?

The government provides initial medical screening and counseling for
victims in a transit shelter in Vientiane, as well as counseling,

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medical services, vocational training, employment services, and
ongoing monitoring to victims sent to the LWU shelter. AFESIP and
Village Focus, under their MOUs, provide similar services and
monitoring for the victims referred to its shelter. IOM and AFESIP,
with assistance from MLSW, currently try to monitor victims
reintegrated directly into the community after staying in the
transit shelter. The LWU also does monitoring of former victims.

-- M. Which international organizations or NGOs, if any,
work with trafficking victims? What type of services do
they provide? What sort of cooperation do they receive
from local authorities?

The GOL occasionally provides office space, land for shelters, and
staff (usually MLSW or LWU) to assist in monitoring and assistance
programs run by NGOs and IOs. The LWU shelter is staffed with LWU
employees for example, but funded by outside organizations. The GOL
does keep a close eye on NGOs working in victims' assistance as part
of the overall effort to coordinate programs. MOUs are signed and
workplans developed to meet the needs in particular provinces and
among specific populations. To the extent its resources allow, the
GOL does appear to provide or refer victims to appropriate
organizations to get assistance.

The following IOs and NGOs work in Laos on trafficking issues: UNDP;
UNICEF; UNIFEM; UNESCO; UNODC; UNFPA; ARTIP; Save the Children,
Australia; Save the Children, Norway; Save the Children, UK;
International Labor Organization; Norwegian Church Aid; World
Vision; Asia Regional Cooperation to Prevent People Trafficking;
World Education/Consortium; Village Focus International; IOM; Care,
International; AFESIP; Childwise; Friends International; and Oxfam.

XXVII. (U) PREVENTION:

-- A. Did the government conduct anti-trafficking
information or education campaigns during the reporting
period? If so, briefly describe the campaign(s),
including their objectives and effectiveness. Please
provide the number of people reached by such awareness
efforts, if available. Do these campaigns target
potential trafficking victims and/or the demand for
trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)? (Note: This can be an
especially noteworthy effort where prostitution is legal.
End Note.)

With NGO and donor funding, the GOL has sponsored media messages on
the dangers of trafficking. The media, which is controlled by the
government, includes articles on human trafficking in the newspapers
2-3 times per month.
Programs at the National University of Laos and "feature" articles
in the press regularly warn young people of the dangers of
trafficking. The MLSW also worked with UNICEF to set up
awareness-raising billboards near border checkpoints and in Laos'
larger cities. Many Lao schools, libraries, and public buildings
also have posters on the dangers of trafficking. In December 2008,
the Lao Youth Union and UNICEF held a day-long event with workshops,
puppet shows, and plays to address child trafficking specifically.
The event, led by the Deputy Prime Minister/Minister of National
Defense, was covered widely in the Lao press, including radio,
television, and print. The Deputy PM also specifically warned of the
dangers of child sexual exploitation and domestic trafficking,
showing that the government is beginning to focus on these problems
in Laos. UNESCO and the Lao Youth Union collaborated on radio
programs in Lao and minority languages on the dangers of trafficking
during the reporting period, reaching students and young people
outside the major cities.

In September 2008, the Ministry of Information and Culture approved
a documentary on human trafficking created by MTV (with USAID
funding),providing assistance in getting the film dubbed into Lao
and gaining permission from the Steering Committee for airing in
Laos. LaoStar Channel, a semi-private television company, then aired
the MTV program repeatedly throughout the fall. In addition, a
concert with leading Lao popstars was also aired with
anti-trafficking messages edited into the televised concert footage.
Copies of this production are being distributed throughout the

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country by NGOs and government officials alike. The GOL also aired
the MTV film as part of its official program at the COMMIT SOM 6
summit in November 2008.

-- B. Does the government monitor immigration and
emigration patterns for evidence of trafficking?

The Government of Laos cooperates with IOM and United Nations
agencies, particularly the UNIAP, to monitor, document, and suggest
remedies for trafficking-related problems. In most places borders
can be crossed easily by land or by boat, and the GOL has a very
limited capacity to monitor border areas outside established
immigration and customs posts. However, mapping of migration
patterns and human trafficking has significantly improved in recent
years. Since 2001, the MLSW, acting with international NGOs, has
conducted data collection and simultaneous parallel public education
campaigns.

-- C. Is there a mechanism for coordination and
communication between various agencies, internal,
international, and multilateral on trafficking-related
matters, such as a multi-agency working group or a task
force?

There are several mechanisms for coordinating anti-trafficking
issues among agencies. The Ministerial Committee on Trafficking,
established in 2004 as part of Laos' COMMIT commitment, is one such
avenue and is designed primarily to coordinate among Lao government
ministries. The Inter Agency Coordination Committee, chaired by
UNIAP, includes any interested NGO or diplomatic community
representative as well as representatives from the MFA, Ministry of
Justice, MOPS, MLSW, and the Prosecutor's Office. This group meets
approximately every 3-4 months to discuss new initiatives, share
information, and request assistance from each other or a government
ministry. (For example, NGOs are sharing phone numbers, brochures,
and other materials that will be included in multi-agency "Safe
Migration" kits for distribution in areas with at-risk populations
and include information on how to identify trafficking risks and how
to seek assistance, including telephone numbers in both Laos and
Thailand. This initiative began in 2007 when three agencies learned
that they were all working on contact information cards for those at
risk, and is now a regular part of the UNIAP meetings.)

-- D. Does the government have a national plan of action
to address trafficking in persons? If the plan was
developed during the reporting period, which agencies
were involved in developing it? Were NGOs consulted in
the process? What steps has the government taken to
implement the action plan?

The GOL is currently working with UNIAP to implement an action plan
to address prevention, prosecution, protection, and reintegration
for 2008 and 2009. NGOs were asked in January 2008 to fill in areas
on the plan grid where they are currently working so the GOL can
identify the gaps. The plan was highlighted again in November at the
SOM 6 conference.

Any representative of a foreign embassy, NGO, or IO with an interest
in trafficking was welcome at a series of open meetings on the draft
NPA and could actively participate in working groups to establish
the performance evaluation metrics that are included in the plan.
Although the last country in the region to complete an NPA on human
trafficking, Laos was apparently the first to include metrics for
evaluation in its plan. According to the MLSW, the plan was approved
by the National Assembly in October 2007 and is waiting final
ratification by the Prime Minister's office, which is expected in
early 2009. MFA officials told Emboff that the delay is caused by
Cabinet concerns over whether Laos will have the budget to fully
implement the NPA.

-- E: What measures has the government taken during the
reporting period to reduce the demand for commercial sex
acts? (see ref B, para. 9(3) for examples)

The government's efforts to combat prostitution appear to be limited
to law enforcement activity against owners and operators of venues
and public awareness campaigns on child sexual exploitation (cited

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above). Police periodically move to shut down establishments, such
as bars, nightclubs and discos, where prostitutes operate. Recently,
small but targeted campaigns on HIV/AIDS have helped highlight the
risks of the commercial sex trade in nightclubs, bars, and discos.
Nevertheless, extreme poverty and lack of viable economic
opportunities for young people ensure a perpetuation of prostitution
service suppliers in spite of anti-prostitution laws and occasional
government campaigns.

-- F. Required of all Posts: What measures has the
government taken during the reporting period to reduce
the participation in international child sex tourism by
nationals of the country?

Laos has a national campaign to publicize the dangers of child sex
tourism in Laos. Post has no reports of Lao nationals participating
in child sex tourism abroad. See previous paragraphs detailing
training sessions led by the Lao Tourism Authority; the posters and
bumper sticker and signs warning of the problem in major tourist
zones; and the telephone line set up by the Tourism Police (the
latter of indeterminate value).

HUSO