| Laws and Policies: National Legal and Policy Framework around Trafficking in Persons |
National Legal and Policy Framework around Trafficking in Persons
ASEAN Member States’ National Legal and Policy Frameworks around Trafficking in Persons |
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National Legal and Policy Framework around Trafficking in Persons
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| An effective criminal justice response is based on a strong national legal framework that criminalises all aspects of trafficking. Full and effective criminalisation can be achieved either through the passing of a specific anti-trafficking law or by amending existing legislation. What is important is that the national criminal legislation criminalises all aspects of trafficking in persons as this crime is defined by the international community.1 The international definition of trafficking recognizes that trafficking takes place for a wide range of reasons and that men, women, girls and boys are all trafficked. A national legal framework that does not adequately criminalise the full breadth and scope of trafficking, for example by limiting the purposes of trafficking to sexual exploitation or only criminalising trafficking in women and children, does not provide an adequate foundation on which to build an effective criminal justice response to trafficking in persons.
Trafficking can be a complex crime to investigate and prosecute. A strong national legal framework therefore requires comprehensive criminalisation of crimes related to trafficking. This includes the crimes of forced labour, forced marriage, forced prostitution, illegal recruitment, debt bondage, exploitation of labour and money laundering.
Additionally, an effective criminal justice response to trafficking in persons requires that the law provides for appropriate penalties in accordance with international standards. This means that the gravity of the crime should be reflected in effective, proportionate and dissuasive sanctions and that those sanctions are consistently imposed on trafficking offenders by the courts.
The national legal framework should also provide adequate protection and support for victims of human trafficking. Specifically, important issues of victim detention, victim protection, victim prosecution and victim status must be clearly addressed in individual statutes.
Trafficking, by its very nature, is a transnational crime. Therefore, without adequate provision for international legal cooperation, no country can secure justice for victims and end impunity for traffickers. States must ensure the principle of ‘extradite or prosecute’2 is incorporated into their national legal system for trafficking-related crimes. States must legislate, including by establishing and exercising jurisdiction over all trafficking related offences committed within its territory, so that traffickers cannot escape prosecution for their crimes by seeking refuge in other countries. Extradition provisions should be included in the national legal framework and within the terms of extradition treaties to which the State is a party.
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ASEAN Member States’ National Legal and Policy Frameworks around Trafficking in Persons
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In recent years, Governments in South East Asia have developed a range of legal and policy responses to the crime of trafficking in persons. Concern with low rates of prosecution and correspondingly high level of impunity for traffickers and their accomplices, political pressures (both internal and external) and greater awareness of the plight of trafficked persons, have resulted in Governments seeking to improve their responses, in particular their criminal justice responses, to this phenomenon.
The Association of South East Asian Nations (ASEAN) is the principal regional organisation in South East Asia. ASEAN is comprised of ten Member States: Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Each of these countries’ national legal and policy frameworks around trafficking in persons is considered in detail below.
Please note that the legal and policy documents (including sources and citations to documents) provided on this website may not be official English translations and may have since been superseded by amendments.3
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Brunei Darussalam – Legal and Policy Framework1
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National Legal Framework
The Trafficking and Smuggling of Persons Order (2004) criminalises the offence of trafficking in persons.
Other relevant laws include:
- Extradition Order (2006)
- The Children and Young Persons Order (2006)
- Mutual Assistance in Criminal Matters Order (2005)
- Employment Agencies Order (2004)
- Immigration Law Order (2002)
- The Penal Code (2001)
- Criminal Conduct (Recovery of Proceeds) Order (2000)
- Labour Order (1984)
- Women and Girls Protection Act (1984)
Regional Legal Framework
Brunei Darussalam is a party (ratified 15 Feb 2006) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons2.
In the case of arrest warrants issued in Singapore and Malaysia, the Extradition (Malaysia and Singapore) Act (Chapter 154) also provides for such warrants to be endorsed and executed as if they were warrants issued in Brunei Darussalam, and for the person in custody to be transferred to the relevant court in either Singapore or Malaysia.
International Legal Framework
Brunei Darussalam is a party to the following international treaties that are relevant to trafficking in persons3:
| Ratified / Acceded to: |
| United Nations Convention against Transnational Organised Crime |
| Convention on the Rights of the Child |
| Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| Convention against Corruption |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
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Cambodia - Legal and Policy Framework
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National Legal Framework
In early 2008, Cambodia enacted a new human trafficking statute to replace the existing anti-trafficking law which had been in force since 1996. The Law on the Suppression of Human Trafficking and Sexual Exploitation is a comprehensive law and criminalises all forms of trafficking in persons.1
Other laws relevant to trafficking in persons, or trafficking related crimes, include:
- The Civil Code
- The Cambodian Law on Money Laundering (2007)
- The Law on Aggravating Circumstances of Felonies (2001)
- The Cambodian Law on Labour (1997)
- Law on Immigration (1994)
- Law on Inter-Country Adoptions (draft)
Other Cambodian laws, which underpin the criminal justice system, are also broadly relevant to TIP in that they establish and protect the rights of all persons who come into contact with, or work as a part of, the Cambodian criminal justice system. These laws include:
- The Cambodian Constitution
- United Nations Transitional Authority in Cambodia Code
- The Cambodian Criminal Procedure Code
Regional and Bilateral Legal Framework
Cambodia is a party (ratified 8 April 2010) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons2.
Cambodia is a party to bilateral treaties with the following countries:
- Australia – extradition (for child sex offences)
- PR China – extradition
- Korea – extradition
- Lao PDR – extradition
- Thailand – extradition
International Legal Framework
Cambodia is a party to a number of international legal treaties that are relevant to trafficking in persons:
| Ratified / Acceded to: |
| United Nations Convention against Transnational Organised Crime |
| Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime |
| Convention on the Rights of the Child |
| Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| Rome Statute of the International Criminal Court |
| International Covenant on Civil and Political Rights |
| International Covenant on Economic, Social and Cultural Rights |
| Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| Convention against Corruption |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
| International Labour Organisation Convention concerning the Abolition of Forced Labour (ILO 105) |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
In addition, Cambodia has signed but not yet ratified / acceded to the following relevant treaty3:
| Signatory to: |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families |
Other Agreements and Guidelines
Domestic Policies
- Cambodia Second National Plan Against Trafficking in Persons and Sexual Exploitation (2005 - 2009)
- Policy on Protection of the Rights of Victims of Human Trafficking (2009)
- Minimum Standards for Protection of the Rights of Victims of Human Trafficking (2009)
- Guidelines on the Implementation of the Law on the Suppression of Human Trafficking and Sexual Exploitation (2008)
- Guideline on Brothel Raids (2008)
- Agreement on Guidelines for Practices and Cooperation between the Relevant Government Agencies and Victim Support Agencies in Cases of Human Trafficking (2007)
- Guideline for the Protection of the Rights of Trafficked Children of the Kingdom of Cambodia (2007)
- The Minimum Standards on Residential Care for Children (2006)
- Policy on Alternative Care for Children (2006)
- Five Year Plan Against Sexual- Exploitation of Children (2000 – 2004)
- National Programme of Action for Children in Cambodia (1998 - 2000)
- Circular on Strengthening and Expansion of the Movements for Combating Trafficking in Women and Children (1999)
Bilateral Memoranda of Understanding / Agreements
Cambodia has signed bilateral MoUs with:
- Thailand – on Bilateral Cooperation for Eliminating Trafficking in Children and Women and Assisting Victims of Trafficking (2003) affirmed in the Guidelines for Cooperation between Cambodia and Thailand on Criminal Justice Process of Trafficking-Related Crimes (2006)
- Thailand – on Cooperation on Employment of Workers (2003)
- Vietnam – Cooperation Agreement on Standard Operating Procedures (SOPs) for the Identification and Repatriation of Trafficked Victims (2009)
- Vietnam – on Cooperation against Vietnam-Cambodia Cross-border Human Trafficking, Especially Trafficking In Women And Children (2007)
- Vietnam – on Bilateral Cooperation for Eliminating Trafficking in Women and Children and Assisting Victims of Trafficking (2005)
Regional Memoranda of Understanding
Cambodia has signed a multilateral MoU with:
- PR China, Lao PDR, Myanmar, Thailand and Vietnam – on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region (October 2004), as part of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT)
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Indonesia - Legal and Policy Framework
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National Legal Framework
In April 2007, the Government of Indonesia passed legislation criminalising trafficking in persons. The Law on the Eradication of the Criminal Act of Human Trafficking (Law No. 21/2007) is a comprehensive law covering all forms of trafficking in persons. The Act also prohibits a number of TIP related crimes.
Other laws relevant to trafficking in persons or trafficking related crime include:
- Act Concerning Mutual Legal Assistance in Criminal Matters (2006)
- Act on the Placement and Protection of Indonesian Workers Abroad (2004)
- Act on the Abolition of Domestic Violence (2004)
- Act on the Crime of Money Laundering (2002)
- Act on the Eradication of Corruption (2002)
- Act on Child Protection (2002)
- Act on Extradition (1979)
There are also other Indonesian laws that are broadly relevant to TIP in that they establish and protect the rights of all persons who come into contact with, or work as a part of, the criminal justice system. These laws include:
- Act on Witness and Victim Protection (2006)
- The Penal Code of Indonesia (1982)
- The Criminal Procedure Code (1981)
Regional and Bilateral Legal Framework
Indonesia is a party (4 June 2008) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons1.
Indonesia is also a party to bilateral treaties with the following countries:
- Australia – extradition and mutual legal assistance
- PR China – extradition and mutual legal assistance
- Hong Kong – extradition
- Korea – extradition [and signed but not yet ratified a treaty on mutual legal assistance]
- Malaysia – extradition
- Philippines – extradition
- Thailand – extradition
International Legal Framework
Indonesia is a party to the following international treaties that are relevant to trafficking in persons:
| Ratified / Acceded to: |
| United Nations Convention against Transnational Organised Crime |
| Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime |
| Convention on the Rights of the Child |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| International Covenant on Civil and Political Rights |
| International Covenant on Economic, Social and Cultural Rights |
| Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| Convention against Corruption |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
| International Labour Organisation Convention concerning the Abolition of Forced Labour (ILO 105) |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
In addition, Indonesia has signed but not yet ratified / acceded to the following relevant treaties2:
| Signatory to: |
| Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families |
Relevant Policy Agreements and Guidelines
Domestic Policies
- National Action Plan to Eliminate Trafficking in Women and Children (RAN-P3A) (2005-2006)3
- The Elimination of Trafficking in Persons in Indonesia, 2004-2005
- National Plan of Action for the Elimination of Trafficking in Persons and Children (2002)
Bilateral Memoranda of Understanding
Indonesia has concluded an MoUs with the following country:
- Vietnam – on Cooperation in Preventing and Combating Crimes (May 2005)
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Lao PDR - Legal and Policy Framework
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National Legal Framework
Lao PDR does not have separate legislation prohibiting trafficking in persons. Rather, a 2005 amendment to the Lao PDR Penal Code, incorporating article 134 into the Code, criminalises trafficking in persons.
Other laws that prohibit human trafficking include:
- The Law on Criminal Procedure (2004)
- The Law on Development and Protection of Women (2004)
- The Law on Civil Procedure (1990, revised 2004)
Other laws relevant to trafficking in persons, or trafficking related crimes, include:
- Decree on Immigration of Lao People's Democratic Republic for Lao and Foreign Nationals (1998, revised 2009)
- Decree on Anti-Money Laundering (2006)
- Labour Law (1994, revised 2006)
Regional and Bilateral Legal Framework
Lao PDR is a party (ratified 20 June 2007) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons1.
In addition, Lao PDR is a party to bilateral treaties with the following countries:
- Cambodia – extradition
- PR China – extradition
- Thailand – extradition
- Vietnam – mutual legal assistance (includes provisions related to extradition)
International Legal Framework
Lao PDR is a party to a number of international treaties that are relevant to trafficking in persons:
| Ratified / Acceded to: |
| United Nations Convention against Transnational Organised Crime |
| Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime |
| Convention on the Rights of the Child |
| Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| International Covenant on Civil and Political Rights |
| International Covenant on Economic, Social and Cultural Rights |
| Convention against Corruption |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
Relevant Policy, Agreements and Guidelines
Domestic Policy
- Lao National Plan of Action Against Trafficking in Persons (2007-2012)
Bilateral Memoranda of Understanding
Lao PDR has concluded MoUs with:
- Thailand – MoU on Cooperation to Combat Trafficking in Persons, especially Women and Children (2005)
- Thailand – MoU on Employment Cooperation (2003)
Regional Memoranda of Understanding
Lao PDR has signed a multilateral MoU with:
- Cambodia, PR China, Myanmar, Thailand and Vietnam – on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region (October 2004), as part of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT)
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Malaysia – Legal and Policy Framework
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National Legal Framework
In Malaysia, the Anti-Trafficking in Persons Act 2007 (Act 670) criminalises and provides penalties for trafficking in persons. The Act establishes a number of related offences including profiting from exploitation of a trafficked person, providing services for purposes of trafficking in persons, harbouring persons and offences related to fraudulent travel or identity documents.
Laws relevant to the prosecution of trafficking in persons in Malaysia include:
- Malaysian Penal Code (Act 574)
- Criminal Procedure Code (Act 593)
- Witness Protection Act (Act 696) (2009)
- Mutual Assistance in Criminal Matters Act (Act 621) (2002)
- Child Act (Act 611) (2001)
- Anti-Money Laundering Act (Act 613) (2001)
- Extradition Act (Act 479) (1992)
- Children and Young Persons (Employment) Act (Act 350) (1966)
- Immigration Act (Act 155) (1959/63)
Regional and Bilateral Legal Framework
Malaysia is a party (ratified 1 June 2005) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons1.
The law governing extradition to and from Malaysia is contained within the Extradition Act 1992 (Act No. 492). Part V of this Act also specifically provides for the enforcement of warrants issued in Brunei Darussalam and Singapore as if they were warrants issued in Malaysia, and the transfer of the person in custody to the relevant court in Brunei Darussalam or Singapore.
Malaysia is also a party to bilateral treaties with the following countries2:
- Australia – extradition and mutual legal assistance
- Hong Kong SAR – extradition and mutual legal assistance
- Indonesia – extradition
- Thailand - extradition
- United States of America - extradition and mutual legal assistance
International Legal Framework
Malaysia is a party to the following international treaties that are relevant to trafficking in persons3:
| Ratified / Acceded to: |
| United Nations Convention against Transnational Organised Crime |
| Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime |
| Convention on the Rights of the Child |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| Convention against Corruption |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
Relevant Policy, Agreements and Guidelines
Domestic Policy
- National Action Plan Against Trafficking in Persons (2010 -2015)
Bilateral Memoranda of Understanding
Malaysia has entered into bilateral MoUs with the following countries:
- Indonesia – on the Regulation of Migration of domestic workers (2006) (not yet in effect)
- Philippines – Standard Employment Contract For Filipino Household Workers In Malaysia (2004)
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Myanmar - Legal and Policy Framework
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National Legal Framework
In September 2005, Myanmar adopted the Anti Trafficking in Persons Law. This Law criminalises all forms of human trafficking as well as a number of trafficking related offences.
Other laws relevant to trafficking in persons, or trafficking related crimes, include:- Mutual Legal Assistance in Criminal Matters Law (2004)
- The Body Organ Donation Law (2004)
- The Blood and Blood Products Law (2003)
- Control of Money Laundering Law (2002)
- Law Relating to Overseas Employment (1999)
- The Child Law (1993) (note the Rules Related to the Child Law adopted in 2001)
- The Citizenship Law (1982)
- The Suppression of Prostitution Act (1949) (note the Law Amending the Suppression of Prostitution Act (1998))
- The Suppression of Corruption Act (1948)
- The Immigration (Emergency Provisions) Act (1947)
- The Penal Code (1861)
Regional Legal Framework
Myanmar is a party (22 January 2009) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons1.
International Legal Framework
Myanmar is a party to the following international treaties that are relevant to trafficking in persons:
| Ratified / Acceded to: |
| United Nations Convention against Transnational Organised Crime |
| Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime |
| Convention on the Rights of the Child |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
In addition, Myanmar has signed but not yet ratified / acceded to the following relevant treaty2:
| Signatory to: |
| Convention against Corruption |
Relevant Policy, Agreements and Guidelines
Domestic
- Myanmar Five Year National Plan of Action to Combat Human Trafficking (2007-2011)
- National Guidelines on Return/Repatriation and Reintegration of Trafficked Victims (2007)
- Supreme Court Directive on the Marriage of Myanmar women and foreigners (1998)
Bilateral Memoranda of Understanding
Myanmar has concluded MoUs with:
- PR China – on Strengthening the Cooperation on Combating Human Trafficking (2009)
- Thailand – on Cooperation to Combat Trafficking in Persons, Especially Women and Children (2009)
- Thailand – on Cooperation in Employment of Workers (2003)
Regional Memoranda of Understanding
Myanmar has signed a multilateral MoU with:
- Cambodia, PR China, Lao PDR, Thailand and Vietnam – on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region (October 2004), as part of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT)
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Philippines – Legal and Policy Framework
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National Legal Framework
Republic Act No. 9208 (the Anti-Trafficking in Persons Act) of 2003 criminalises all forms of trafficking in the Philippines.
Other relevant laws include:
- Republic Act No. 9262 (Anti-Violence against Women and Their Children Act) of 2004
- Republic Act No. 9231 Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (Child Labour Act) of 2003
- Republic Act No. 9160 (The Philippines Anti-Money Laundering Act) of 2001
- Republic Act No. 8042 Migrant Workers and Overseas Filipinos Act of 1995
- Republic Act No. 7610 (Other Acts of Abuse) of 1992
- Republic Act No. 7610 (An Act Providing For Stronger Deterrence And Special Protection Against Child Abuse, Exploitation And Discrimination, And For Other Purposes) of 1992
Regional and Bilateral Legal Framework
The Philippines is a party (ratified 12 December 2008) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons1.
The Philippines is also a party to bilateral treaties with the following countries:
- Australia – extradition and mutual legal assistance
- Canada – extradition
- PR China – extradition and mutual legal assistance
- Hong Kong SAR – extradition and mutual legal assistance
- Indonesia – extradition
- Korea – extradition
- Switzerland – extradition and mutual legal assistance
- Thailand – extradition
- United States of America – extradition and mutual legal assistance
International Legal Framework
The Philippines is a party to the following international treaties that are relevant to trafficking in persons:
| Ratified / Acceded to: |
| United Nations Convention against Transnational Organised Crime |
| Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime |
| Convention on the Rights of the Child |
| Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| International Covenant on Civil and Political Rights |
| International Covenant on Economic, Social and Cultural Rights |
| Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| Convention against Corruption |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
| International Labour Organisation Convention concerning the Abolition of Forced Labour (ILO 105) |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
In addition, the Philippines has signed but not yet ratified / acceded to the following relevant treaty2:
| Signatory to: |
| Rome Statute of the International Criminal Court |
Relevant Policy, Agreements and Guidelines
Domestic
- Rules and Regulations Implementing Republic Act No. 9208, otherwise known as the “Anti-Trafficking In Persons Act of 2003” pursuant to the authority of Inter-Agency Council Against Trafficking (IACAT) under Sec. 29 of R.A. 9208
- A Manual on Law Enforcement and Prosecution of Trafficking in Persons Cases (2007) produced by the Inter-Agency Council Against Trafficking (IACAT)- a body created and mandated by the Anti-Trafficking in Persons Act
- Memorandum Circular No. 2005-06 to all Provincial Governors, City / Municipal Mayors, Punong Barangays, Dilg Regional, Provincial and City Directors and Field Officers and Others Concerned on Implementation Of Republic Act No. 9208
- A Strategic Action Plan For a National Coalition Against Trafficking in Human Beings
(2002 - 2004)
Bilateral Memoranda of Understanding
The Philippines has concluded MoUs with the following countries:
- Malaysia – Standard Employment Contract For Filipino Household Workers In Malaysia (2004)
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Singapore – Legal and Policy Framework1
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National Legal Framework
Trafficking in women and girls is criminalised in Singapore in the 1996 amendment to the Women’s Charter 1961.
Other relevant laws include:
- Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (2000)
- Mutual Assistance in Criminal Matters Act (2000- amended 2006)
- Extradition Act (2000)
- The Penal Code (1985)
Regional and Bilateral Legal Framework
Singapore is a party (ratified 28 April 2005) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons2.
Section 55 of the Criminal Procedure Code, Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam, allows for extradition between Singapore, Brunei Darussalam and Malaysia.
Singapore is also a party to bilateral treaties with the following countries3:
- Hong Kong SAR – extradition and mutual legal assistance
- Germany – extradition
- India – mutual legal assistance
- United States of America – extradition
- [Indonesia – both Singapore and indonesia have signed but not yet ratified a bilateral extradition treaty]
Singapore also has extradition arrangements with "declared Commonwealth countries", as well as reciprocal arrangements with Malaysia and Brunei for the backing of warrants issued in the respective countries.
International Legal Framework
Singapore is a party to the following international treaties that are relevant to trafficking in persons:
| Ratified / Acceded to: |
| United Nations Convention against Transnational Organised Crime |
| Convention on the Rights of the Child |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| Convention against Corruption |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
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Thailand – Legal and Policy Framework
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National Legal Framework
In 2008, Thailand passed the Trafficking in Persons Act B.E. 2551. This comprehensive Act covers all forms of trafficking in persons.
Other relevant laws include:
- Penal Code (1956, Penal Code Amendment Act 1997)
- Criminal Procedure Code
- Extradition Act (2008)
- Witness Protection Act B.E. 2546 (2003)
- Child Protection Act (2002)
- Money Laundering Control Act (1999)
- Labour Protection Act (1998)
- The Prostitution Prevention and Suppression Act (1996)
- Act on Mutual Assistance in Criminal Matters (1992)
- Thailand Job Placement Agencies and Job Seekers Protection Act (1985)
- Employment and Job Seeker Act (1985)
- Child Adoption Act (1979)
Regional and Bilateral Legal Framework
Thailand has signed, but not yet ratified, the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons1.
Thailand is also a party to bilateral treaties with the following countries:
- Australia – extradition and mutual legal assistance
- Bangladesh – extradition
- Belgium – extradition and mutual legal assistance
- Cambodia – extradition
- Canada – mutual legal assistance
- PR China – extradition and mutual legal assistance
- France – mutual legal assistance
- India – mutual legal assistance
- Indonesia – extradition
- Korea – extradition and mutual legal assistance
- Lao PDR – extradition
- Malaysia – extradition
- Norway – mutual legal assistance
- Peru – mutual legal assistance
- Philippines – extradition
- Poland – mutual legal assistance
- Sri Lanka – mutual legal assistance
- United Kingdom – extradition and mutual legal assistance
- United States of America – extradition and mutual legal assistance
Thailand also has treaty relations with a number of Commonwealth countries as a result of the Extradition Treaty Between Great Britain and Siam 1911.
International Legal Framework
Thailand is a party to the following international treaties that are relevant to trafficking in persons:
| Ratified / Acceded to: |
| Convention on the Rights of the Child |
| Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| International Covenant on Civil and Political Rights |
| International Covenant on Economic, Social and Cultural Rights |
| Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
| International Labour Organisation Convention concerning the Abolition of Forced Labour (ILO 105) |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
In addition, Thailand has signed but not yet ratified / acceded to the following relevant treaties2:
| Signatory to: |
| United Nations Convention against Transnational Organised Crime |
| Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime |
| Convention against Corruption |
Relevant Policy, Agreements and Guidelines
Domestic Policies
- National Policy and Plan on Prevention, Suppression and Combating Domestic and Transnational Trafficking in Children and Women (2005-2010)
- Operational Guidelines on the Prevention, Suppression, Assistance and Protection of Trafficked Persons for Labour Purposes (2008)
- Memorandum of Understanding on Operational Procedures for Concerned Agencies in Prevention, Suppression, and Solution for Human Trafficking Problem in 9 Central Lower Provinces (Thailand) (2008)
- Memorandum of Understanding on Operational Procedures for Concerned Agencies in Prevention, Suppression, and Solution for Human Trafficking Problem in 17 Northern Provinces (Thailand) (2007)
- Memorandum of Understanding on Operational Procedures for Concerned Agencies in Prevention, Suppression, and Solution for Human Trafficking Problem in 8 Southeastern Provinces (Thailand) (2007)
- Memorandum of Understanding on Operational Procedures for Concerned Agencies in Human Trafficking in 6 Southwestern Provinces (Thailand) (2007)
- Memorandum of Understanding on Common Guidelines of Practices for Agencies Concerned with Cases where Women and Children are Victims of Human Trafficking in the 19 Northern Provinces (2006)
- Memorandum of Understanding on Operational Procedures for Concerned Agencies in Combating Human Trafficking In 8 Eastern Province (2006)
- National Plan and Policy on Prevention and Resolution of Domestic and Cross-border Trafficking in Children and Women (2003)
- MoU on Common Guidelines and Practices for Government Agencies Concerned with Cases of Trafficking in Women and Children (2003)
- MoU on Procedural Cooperation between Government and Non-Government Agencies Working with Cases of Trafficking in Women and Children (2003)
- MoU on Operational Guidelines of Non-Governmental Agencies Working with Cases of Trafficking in Women and Children (2003)
- MoU on Common Guidelines of Practices for Agencies Concerned with Cases Where Women and Children are Victims of Human Trafficking in Nine (9) Northern Provinces (2003)
- National Policy and Plan on Prevention, Suppression and Combating Domestic and Transnational Trafficking in Children and Women (2002)
- Royal Thai Police: Plan: Children, Juvenile, and Women Protection and Human Trafficking (2002)
- National Policy, Plan of Action and Legal Measures in the Elimination of Sexual Abuse and Exploitation of Children (1999)
Bilateral Memoranda of Understanding
Thailand has concluded MoUs with the following countries:
- Cambodia – on Cooperation for Eliminating Trafficking in Children and Women and Assisting Victims of Trafficking (2003)
- Cambodia – on Cooperation on the Employment of Workers (2003)
- Lao PDR – on Cooperation to Combat Trafficking in Persons, especially Women and Children (2005)
- Lao PDR – on Cooperation on the Employment of Workers (2002)
- Myanmar – on Cooperation to Combat Trafficking in Persons, Especially Women and Children (2009)
- Myanmar – on Cooperation on the Employment of Workers (2003)
- Vietnam – on Bilateral Cooperation for Eliminating Trafficking In Persons, Especially Women and Children and Assisting Victims of Trafficking (2008)
Regional Memoranda of Understanding
Thailand has signed a multilateral MoU with:
- Cambodia, PR China, Lao PDR, Myanmar and Vietnam – on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region (October 2004), as part of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT)
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Vietnam - Legal and Policy Framework
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National Legal Framework
Vietnam does not have separate legislation prohibiting trafficking in persons. However, there are various offences in the Penal Code that are directly relevant to trafficking. Specifically, article 119 prohibits trafficking in persons and article 120 prohibits trading in, fraudulently exchanging or appropriating children.
The Penal Code includes a range of offences that could be applied to the process of trafficking. For example, crimes relating to document fraud (articles 266-268, 284), laundering of proceeds of crime (article 251), and coercing other persons to stay in foreign countries (article 275), are all prohibited under the Penal Code.
Other laws that may be relevant to trafficking include:
- Civil Code
- Civil Procedure Code
- Criminal Procedure Code
- Vietnam Constitution
- Number: 03/2008/TTLC-MPS-MOD-MOFA-MOLISA INTER-MINISTERIAL CIRCULAR - Guidelines on Process and Procedures of Identification and Reception of Trafficked Women and Children from Abroad
- Number: 17/2007/QD-TT Hanoi, 29 January 2007 – Decision on Promulgation of Regulations on Reception and Reintegration Support of Trafficked Women and Children returned home from Abroad
- Law on Mutual Legal Assistance (2007)
- Law on Legal Aid: Government’s Decree No. 07/2007/ND-CP of 12 January 2007 Providing Guidelines on implementation of a number of articles of the Law on Legal Aid
- Law on Child Protection, Care and Education (2004)
- Ordinance on Prostitution Prevention and Combat (2003)
- Labour Code (2002)
- Marriage and Family Law:
Decree of the Government (No.69/2006/ND-CP), Amending and supplementing a number of articles of Decree No. 68/2002/ND-CP dated July 10, 2002 detailing the implementation of a number of articles of the Marriage and Family Law regarding the marriage and family relations involving foreign elements
Joint Circular No. 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC of 25 September 2001 guiding the application of the provisions in chapter XV “Crimes of infringing upon the marriage and family regimes” of the 1999 Penal Code
Regional and Bilateral Legal Framework
Vietnam is a party (25 Oct 2005) to the Treaty on Mutual Legal Assistance in Criminal Matters among like-minded ASEAN Member Countries (2004), a regional treaty that is relevant to trafficking in persons1.
Vietnam is also a party to bilateral treaties with the following countries2:
- China – extradition and mutual legal assistance
- Korea – mutual legal assistance
- Lao PDR – mutual legal assistance (includes provisions related to extradition)
- Mongolia – mutual legal assistance
International Legal Framework
Vietnam is a party to the following international treaties that are relevant to trafficking in persons:
| Ratified / Acceded to: |
| Convention on the Rights of the Child |
| Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| Convention on the Elimination of All Forms of Discrimination Against Women |
| International Covenant on Civil and Political Rights |
| International Covenant on Economic, Social and Cultural Rights |
| Convention against Corruption |
| International Labour Organisation Convention concerning Forced or Compulsory Labour (ILO 29) |
| International Labour Organisation Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO 182) |
In addition, Vietnam has signed but not yet ratified / acceded to the following relevant treaties3:
| Signatory to: |
| United Nations Convention against Transnational Organised Crime |
Relevant Policy, Agreements and Guidelines
Domestic Policies
- National Plan of Action Against the Crime of Trafficking in Children and Women During 2004-2010 (Attachment to the Decision No.130/2004/QD-TTg dated 14/7/2004 of the Prime Minister)
Bilateral Memoranda of Understanding / Agreements
Vietnam has concluded MoUs relevant to trafficking with the following countries:
- Cambodia – Cooperation Agreement on Standard Operating Procedures (SOPs) for the Identification and Repatriation of Trafficked Victims (2009)
- Cambodia – on Cooperation Against Vietnam-Cambodia Cross-Border Human Trafficking, Especially Trafficking In Women And Children(2007)
- Cambodia – on Bilateral Cooperation for Eliminating Trafficking in Women and Children and Assisting Victims of Trafficking (2005)
- China (People’s Republic of) – on Strengthening Border Protection (2004)
- China (People’s Republic of) – on Responding to Criminal Activity in the Border Areas (2006)
- Indonesia – on Cooperation in Preventing and Combating Crimes (2005)
- Thailand – on Bilateral Cooperation for Eliminating Trafficking In Persons, Especially Women and Children and Assisting Victims of Trafficking (2008)
Regional Memoranda of Understanding
Vietnam has signed a multilateral MoU with:
- Cambodia, PR China, Lao PDR, Myanmar and Thailand – on Cooperation against Trafficking in Persons in the Greater Mekong Sub-Region (October 2004), as part of the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT)
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1. Gallagher, Anne and Holmes, Paul. ‘Developing an Effective Criminal Justice Response to Human Trafficking: Lessons From the Front Line’, International Criminal Justice Review, Vol. 18, No. 3, 2008, pp. 318-343.
2. Official Records of the General Assembly, Fifty-first Session, Supplement No. 10 (A/sup1/10), chap. II, 1996 Draft Code of Crimes, commentary to article 9, para. 3, “The obligation to extradite or prosecute applies to a State which has custody of ‘an individual alleged to have committed a crime’. The custodial State has an obligation to take action to ensure that such an individual is prosecuted either by the national authorities of that State or by another State which indicates that it is willing to prosecute the case by requesting extradition… [T]he custodial State has an obligation to take the necessary and reasonable steps to apprehend an alleged offender and to ensure the prosecution and trial of such an individual by a competent jurisdiction.”
3. Whilst e very effort was made to provide accurate information, ARTIP cannot take responsibility for any errors.
Brunei Darussalam
1.
Some of the laws included here are available on Brunie Darussalam's Attorney General’s Chambers website, http://www.agc.gov.bn/
2.
Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
3.
A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
Cambodia
1. The Act also prohibits a number of TIP related crimes and a variety of sexual offences, including prostitution, indecency and pornography. There has been some confusion surrounding the new Act, resulting in a decision to draft guidelines on the ACT. These Guidelines are not yet final.
2.
Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
3. A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
Indonesia
1. Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
2. A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
3. A National Plan of Action that focuses on trafficking in persons is currently being drafted.
Lao PDR
1. Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
2. A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
Malaysia
1. Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
2. Malaysia also has extradition relations based on its legislation under the London Scheme with certain Commonwealth countries, such as Bangladesh, Cook Islands, Fiji Islands, Samoa, Sri Lanka and Vanuatu.
3. A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
Myanmar
1. Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
2. A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
Philippines
1. Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
2. A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
Singapore
1. The laws included here are available online at Government of Singapore Statutes: http://statutes.agc.gov.sg/
2.
Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
3.
Countries with which Singapore has existing Mutual Legal Assistance Treaties are gazetted as “prescribed foreign countries” under the Mutual Assistance in Criminal Matters Act. Such countries may be rendered assistance in accordance with the terms of the relevant Treaty and the Act. The MLA Act also applies to incoming requests for MLA from a state that does not have a treaty with Singapore, although the requesting state must provide an undertaking of reciprocity for some types of assistance. Extradition in the absence of a treaty is possible only to and from declared Commonwealth countries, which total 39 as of September 2007, under the Extradition Act and the Extradition (Commonwealth Countries) (Consolidation) Declaration. Dual criminality is mandatory for incoming extradition and MLA requests. Countries which are not gazetted as prescribed foreign countries under the Act may also be rendered assistance upon providing an appropriate undertaking of reciprocity in accordance with section 16(2) of the Act stating that that country will comply with a future request by Singapore to that country for similar assistance in a criminal matter involving an offence that corresponds to the foreign offence for which assistance is sought.
4. A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
Thailand
1. Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
2,
A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it.
Vietnam
1. Owing to the often transnational nature of trafficking crimes, international legal cooperation is an important factor in an effective criminal justice response to trafficking.
2.
Extradition and MLA are available in Vietnam without a treaty on the basis of reciprocity. Dual criminality is required for extradition but not for MLA.
3,
A state that signs a treaty signals its intention to become bound by its provisions and must refrain from acts which would defeat the object and purpose of the treaty. The signatory State does not actually become bound by the treaty until it ratifies or accedes to it. |
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