As a main destination country for labour migration, Thailand is also a source, transit and destination country for victims of human trafficking. In recent years the Royal Thai Government has negotiated a series of bilateral Memoranda of Understanding with three of its neighbouring countries on joint responses to trafficking issues and/or cross-border labour migration. Six GMS countries have also signed a multi-lateral MOU which has also been reproduced here (in Eng & Thai).
The various MOUs reporduced below are available in English in HTML format and PDF format in Thai. They must be considered unofficial copies. Should there be any contradiction between these and the originals then the latter shall be considered to be correct. They remain unofficial and for information purposes only.
THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE KINGDOM OF CAMBODIA.
hereinafter referred to as “the Parties”;
RECOGNISING the principles enshrined in “The Bangkok Declaration on Irregular Migration of 1999”;
BEING CONCERNED about the negative social and economic impacts caused by illegal employment;
This Memorandum of Understanding is not applicable to other existing processes of employment that are already in compliance with the laws of the Parties.
For the purpose of this Memorandum of Understanding, the Ministry of Labour of the Kingdom of Thailand and the Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation of the Kingdom of Cambodia shall be the authorized agencies for the Government of the Kingdom of Thailand and for the Government of the Kingdom of Cambodia respectively.
The Parties, represented by the authorized agencies, shall hold regular consultations, at senior official and/or ministerial levels, at least once a year on an alternate basis, on matters related to the implementation of this Memorandum of Understanding.
The authorized agencies of both Parties shall work together for the establishment of procedures to integrate illegal workers, who are in the country of the other Party prior to the entry into force of this Memorandum of Understanding, into the scope of this Memorandum of Understanding.
The Parties shall take all necessary measures to ensure proper procedures for employment of workers.
Employment of workers requires prior permission of the authorized agencies in the respective countries. Permission may be granted upon completion of procedures required by laws and regulations in the respective countries.
The authorized agencies may revoke or nullify their own permission at any time in accordance with the relevant laws and regulations.
The revocation or nullification shall not affect any deed already completed prior to the revocation or nullification.
The authorized agencies may through a job offer inform their counterparts of job opportunities, number, period, qualifications required, conditions of employment, and remuneration offered by employers.
The authorized agencies shall provide their counterparts with lists of selected applicants for the jobs with information on their ages, permanent addresses, reference persons, education, experiences and other information deemed necessary for consideration by the prospective employers.
The authorized agencies shall coordinate with the immigration and other authorities concerned to ensure that applicants, who have been selected by employers and duly permitted in accordance with Article IV, have fulfilled, inter alia, the following requirements:
Contract of the terms and conditions of employment shall be signed between the Employer and Worker and a copy each of the contract submitted to the authorized agencies.
The authorised agencies shall be responsible for the administration of the list of workers permitted to work under this Memorandum of Understanding. They shall keep, for the purpose of reference and review, the lists of workers who report themselves or have their documents certified to the effect that they have returned to their permanent addresses after the end of the employment terms and conditions, for at least four years from the date of report or certification.
Unless stated otherwise, the terms and conditions of employment of workers shall not exceed two years. If necessary, it may be extended for another term of two years. In any case, the terms and conditions of employment shall not exceed four years. Afterwards, it shall be deemed the termination of employment.
A three-year break is required for a worker who has already completed the terms and conditions of employment to re-apply for employment.
The Parties shall extend their fullest cooperation to ensure the return of bona fide workers, who have completed their employment terms and conditions, to their permanent addresses.
The authorised agencies of the employing country shall set up and administer a saving fund. Workers are required to make monthly contribution to the fund in the amount equivalent to 15 percent of their monthly salary
Workers who have completed their terms and conditions of employment and returned to their permanent addresses shall be entitled to full refund of their accumulated contribution to the savings fund and the interest by submitting the application to the authorised agencies three months prior to their scheduled date of departure after completion of employment. The disbursement shall be made to workers within 45 days after the completion of employment.
In the case of workers whose services are terminated prior to completion of employment and have to return to their permanent addresses, the refund of their accumulated contribution and the interest shall also be made within 45 days after termination of employment.
Temporary return to country of origin by workers whose terms and conditions of employment are still valid and in compliance with the authorised agencies’ regulations shall not cause termination of the employment permission as stated in Article IV.
Procedures and documents required in the application for refund as stated in Article XII shall be set forth by the authorised agencies.
The right to refund of their contribution to the saving Fund is revoked for workers who do not return their permanent addresses upon the completion of their employment terms and conditions.
The authorised agencies of the employing country may draw from the savings fund to cover the administrative expenses incurred by the bank and the deportation of workers to their country of origin.
The Parties in the employing country shall ensure that the workers enjoy protection in accordance with the provisions of the domestic laws in their respective country.
Workers of both Parties are entitled to wage and other Benefits due for local workers based on the principles of non-discrimination and equality of sex, race and religion.
Any dispute between workers and employers relating to employment shall be settled by the authorised agencies according to the laws and regulations in the employing country.
The Parties shall take all necessary measures, in their respective territory, to prevent and suppress illegal border crossings, trafficking of illegal workers and illegal employment of workers.
The Parties shall exchange information on matters relating to human trafficking, illegal immigration, trafficking of illegal workers and illegal employment.
Any amendment to this Memorandum of Understanding may be made as agreed upon by the Parties through diplomatic channels.
Any difference or dispute arising out of this Memorandum of Understanding shall be settled amicably through consultations between the Parties.
This Memorandum of Understanding shall enter into force after the date of signature and may be terminated by either Party in written notice. Termination shall take effect 90 (ninety) days following the date of notification. In case of termination of this Memorandum of Understanding by either Party, for the benefit of the workers, the Parties shall hold consultation on how to deal with employment contracts that are still valid.
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Memorandum of Understanding.
DONE at Ubon Ratchatani on the Thirty First Day in the Month of May of Two Thousand and Three of the Christian Era in English language, in two original copies all of which are equally authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF THE KINGDOM OF THAILAND THE KINGDOM OF CAMBODIA
THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE KINGDOM OF CAMBODIA. (hereinafter referred to as “the Parties”;
HAVING SOUGHT to strengthen the bonds of friendship between the two countries and to increase the bilateral cooperation on the suppression of trafficking in children and women.
RECOGNISING that trafficking in children and women is a gross infringement of human rights and grievous trampling on the dignity of human beings,
GRAVELY CONCERNED that trafficking in children and women has negative impact on individual physical, mental, emotional, moral development and is detrimental to the social fabric and values of the society.
CONFIRMING that the Parties share the common concern against transnational human trafficking as addressed in the Bangkok Declaration on Irregular Migration deliberated in the International Symposium on Migration “Towards Regional Cooperation on Irregular/Undocumented Migration” held in Bangkok during 21-23 April 1999, and “The Bali Conference on the People Smuggling and Trafficking in Person” held in Bali during 26-28 February 2002.
RECALLING the Agreed Minutes of the Third Meeting of the Joint Commission for the Bilateral Cooperation between the Kingdom of Cambodia and the Kingdom of Thailand, in Siem Reap Province of the Kingdom of Cambodia during 31 January-1 February 2000 with regards to the intensification of cooperation in suppressing cross border trafficking in human beings especially in women and children.
REFERRING to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime,
CONVINCED that suppressing the crime of trafficking in children and women through mutual cooperation in law enforcement and criminal procedures is an effective measure to ensure justice against human trafficking,
PLEDGING that the Parties shall faithfully cooperate to eliminate trafficking in children and women, and to protect and assist them,
This Memorandum of Understanding shall apply to trafficking in children and women as defined in Article 2 of this Memorandum.
The Parties recognize that examples of the purposes of trafficking in children and women include, but are not limited to the following:
The Parties shall “undertake necessary legal reform and other appropriate measures to ensure that the legal frameworks in their respective jurisdictions conform with the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against women and other international human rights instruments which both Parties have ratified or acceded to and are effective in eliminating trafficking in children and women and in protecting all rights of children and women who fall victims to trafficking.
The Parties shall undertake educational and vocational training programmes, in particular for children and women, to increase the opportunity for employment and hence reduce vulnerability to trafficking.
The Parties shall make best effort to prevent trafficking in children and women through the following preventive measures:
Trafficked children and women shall be considered victims, not violators or offenders of the immigration law. Therefore,
The Parties shall undertake appropriate measures, which may include legal reform and legal aid, to ensure the effective legal remedies to victims of trafficking as follows:
The relevant governmental agencies where appropriate, in cooperation with non-government organizations, shall provide trafficked children, women, and their immediate family, if any, with safe shelter, health care, access to legal assistance, and other imperative for their protection.
The law enforcement agencies in both countries, especially at the border shall work in close cooperation to uncover domestic and cross border trafficking of children and women.
The police and other relevant authorities in both countries shall cooperate in exchange of information concerning trafficking cases, e.g., trafficking routes, places of trafficking, identifications of traffickers, net work of trafficking, methodologies of trafficking, and data on trafficking.
The Police and other appropriate authorities of the relevant state shall undertake the protection programme to secure the safety of victims and eyewitnesses from retaliation or menace during and after the judicial proceedings as deemed necessary.
- a) The Parties shall establish the Focal Point to implement the repatriation process of trafficked children and women;
- b) The Focal Point shall be composed of the competent authorities of both Parties;
- c) The Focal points shall undertake the following duties;
- (i) to arrange repatriation of trafficked children and women;
- (ii) to implement the arranged repatriation of trafficked children and women
- (iii) to provide security for trafficked children and women in the repatriation process;
- (iv) to endeavour to monitor trafficking in children and
- (v) to establish informational networks concerning the practice of trafficking in children and women among the national and international law enforcement authorities and relevant civil society organizations.
VII- Reintegration
Article 18
- a) The Parties shall make all possible efforts towards the safe and effective reintegration of victims of trafficking into their families and communities in order to restore their dignity, freedom, and self-esteem.
- b) For this purpose, the Parties shall take appropriate measures to attain the following objectives;
- (i) Victims of trafficking shall not suffer any further victimization, stigmatization or traumatisation in the judicial procedure;
- (ii) Continuous social, medical, psychological and other necessary support shall be provided to children and women who are victims of trafficking and their families particularly to those who are infected with sexually transmitted disease including HIV/AIDS;
- (iii) Children and women who are victims of trafficking, shall not be discriminated or stigmatised socially; and
- (iv) Child victims of school age shall be ensured appropriate educational opportunities.
Article 19
The Parties shall provide the following training programmes for the purpose of effective reintegration;
- a) The vocational training programme for victims of trafficking to enhance opportunity of alternative means f their livelihood; and
- b) Training programmes to sensitise those working for victims of trafficking in regard to child development, child rights and child/gender issues with reference to the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women and other relevant human rights instruments to which both Parties are parties.
VIII- Join Task Force
Article 20
- a) The Parties shall establish the Join Task Force
- b) The Joint Task Force shall be comprised of competent representatives from both Parties.
- c) The Joint Task Force shall be called for to meet as the need arises. The date and venue of the meeting of the Join Task Force shall be agreed by both Parties.
- d) The Joint Task Force shall assume the following responsibilities;
- (i) to monitor and assess the implementation of this Memorandum and report to the Joint Commission for Bilateral Cooperation between Thailand and Cambodia t its annual meeting;
- (ii) to initiate establishment of strategies, implementing guidelines and other necessary framework to implement this Memorandum;
- (iii) to make recommendations towards further development of the mutual cooperation against trafficking in children and women; and
- (iv) to review the implementation of this Memorandum of Understanding every 5 years.
IX- Final Provisions
Article 21
The Parties shall endeavour to settle disputes concerning the interpretation or application of this Memorandum through negotiation.
This Memorandum of Understanding shall take effect on the date of signature by both Parties.
Article 22
Either Party may terminate this Memorandum of Understanding at any time by giving written notice to the other Party through diplomatic channels, and the termination shall be effective six months after the date of receipt of such notice.
Article 23
This Memorandum of Understanding may be amended upon the agreement of the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia.
This Memorandum of Understanding shall be written in duplicate in English.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Memorandum of Understanding.
DONE at Siem Reap, on this 31st day of May 2003.
FOR THE GOVERNMENT FOR THE GOVERNMENT OF OF THE KINGDOM OF THE KINGDOM OF CAMBODIA THAILAND
Original Signed Original Signed
(Anurak Chureemas) (Ith Samheng)
Minister of Labour Minister of Social Affairs, Labour
Vocational Training and Youth
Rehabilitation
MEMORANDUM OF UNDERSTANDING (MOU)
Between
The Royal Thai Government and the Government of Lao PDR
On Employment Cooperation
Both Governments, hereinafter called “the parties” are concerned with the widespread trafficking in human due to common illegal unemployment, and accept the principles in the Bangkok Declaration on illegal migration 1999, agree to:
Objectives and Scope:
Article I
The parties will take action to realize:
- 1.1) appropriate procedure in employment
- 1.2) .effective deportation and return of migrant workers who have completed the duration of their work permit
- 1.3) appropriate labour protection
- 1.4) prevention and intervention in illegal border crossing, illegal employment services and illegal employment of migrant workers
The MOU does not include other measures currently in force in national legal frameworks.
Authorized Agency
Article 2
MOL of Thailand and MOL of Lao PDR are authorized to carry out this MOU.
Article 3
The parties can organize regular high-level meetings at least once a year to discuss matters related to this MOU.
Authority and procedures
Article 4
Employment of workers must be authorized by competent authorities.
The competent authorities may cancel work permits issued to individual workers as per the agreement above whenever appropriate within the purview of the parties’ respective national laws.
The cancellation will not affect any action already completed prior to the announced date of cancellation.
Article 5
The competent authority of each party can inform its counterpart of labour needs, number of desired workers, duration, qualifications, employment conditions and wages as proposed by concerned employers.
Article 6
The counterpart competent authority will respond by sending a list of potential workers (name, hometown, reference, education, and other experiences).
Article 7
The competent authorities will work with national immigration services to process:
- 7.1) visa/other travel document/arrangement
- 7.2) work permit issuance
- 7.3) insurance or health insurance
- 7.4) contribution to the deportation fund
- 7.5) other taxes as per national regulations
Article 8
Both parties will maintain a list of workers benefited from this MOU. The list will be kept and record the return of the workers until 4 years after the recorded date of return.
Return and Deportation
Article 9
Unless otherwise specified, each worker will receive a two-year work permit. If renewal is necessary, for whatever reasons, the total term of permit shall not exceed 4 years. Thereafter, the person shall be ineligible for work permit. Also, the work permit will expire when the employment of the worker concerned is terminated.
Workers who have completed the terms of their work permit can re-apply for work again after three years have passed between the date of the expiration of the first term and the date of the re-application. Exception shall be made when the worker concern had his or her employment terminated under the conditions not of their faults.
Article 10
The parties will collaborate in sending workers home.
Article 11
Workers will contribute 15% of their salary to deportation fund set up by the host country.
Article 12
Workers who wish to return home can claim their contribution to the fund in full amount with interest. The request must file 3 month before the return date and the money will be paid to the workers within 45 days after the date their employment ends.
Article 13
Home visit during the period of work permit does not end the employment.
Article 14
The host country will determine the procedure and required documents as per the steps/application mentioned in Article 12.
Article 15
A worker will forfeit his or her right to receive his or her contribution to the deportation fund unless s/he reports him/herself to the designated authority in his/her home country upon his/her return.
Article 16
The competent authority of the host country can use the deportation fund to cover the cost of deportation of workers.
Article 18
Workers will receive wage and benefits at the same rate applied to national workers based on the principles of non-discrimination and equality on the basis of gender, ethnic identity, and religious identity.
Article 19
Labour disputes will be governed by the host country’s national laws and by its relevant authorities.
Measures on Illegal Employment
Article 20
The parties will take necessary measures to prevent and intervene in illegal cross-border labour practices and employment.
Article 21
The parties will share information with regards to human trafficking, undocumented entry, unlawful employment, and unlawful labour practices.
Amendment on the MOU
Article 22
Amendment of this MOU requires consultation through diplomatic channels.
Dispute Intervention
Article 23
Any conflict arising from this MOU shall be settled through consultation between the parties.
Enforcement and Cancellation
Article 24
The agreements in this MOU are in force upon the date of signing by the representatives of the parties. Cancellation requires written notification and will be in effect 3 months after the date of notification.
This MOU is signed at Vientiane, Lao PDR, on 18 October 2002, in the Lao and Thai version. Both versions have similar values.
For the Government of Thailand For the Government of Lao PDR
Original Signed Original Signed
Suwat Liptapanlop Sompan Pangkammee
Minister of Labour Minister of Labour and Social Welfare
Royal Government of Thailand Lao PDR
MEMORANDUM OF UNDERSTANDING
Between
The Government OF THE KINGDOM OF THAILAND
AND
THE GOVERNMENT OF THE UNION OF MYANMAR
ON COOPERATION IN
THE EMPLOYMENT OF WORKERS
* * * * *
THE GOVERNMENT OF THE KINGDOM OF THAILAND AND THE GOVERNMENT OF THE UNION OF MYANMAR, hereinafter referred to as “the Parties”;
BEING CONCERNED about the negative social and economic impacts caused by illegal employment;
DESIROUS of enhancing mutually beneficial cooperation between the two countries;
HAVE AGREED AS FOLLOWS:
OBJECTIVE AND SCOPE
ARTICLE I
The Parties shall apply all necessary measures to ensure the following:
- 1) Proper procedures for employment of workers;
- 2) Effective repatriation of workers, who have completed terms and conditions of employment or are deported by relevant authorities of the other Party, before completion of terms and conditions of employment to their permanent addresses;
- 3) Due protection of workers to ensure that there is no loss of the rights and protection of workers and that they receive the rights they are entitled to;
- 4) Prevention of, and effective action against, illegal border crossings, trafficking of illegal workers and illegal employment of workers.
This Memorandum of Understanding is not applicable to other existing processes of employment that are already in compliance with the laws of the Parties.
AUTHORISED AGENCIES
ARTICLE II
For the purpose of this Memorandum of Understanding, the Ministry of Labour of the Kingdom of Thailand and the Ministry of Labour of the Union of Myanmar shall be the authorised agencies for the Government of the Kingdom of Thailand and for the Government of the Union of Myanmar respectively.
ARTICLE III
The Parties, represented by the authorised agencies, shall hold regular consultations, at senior official and/or ministerial levels, at least once a year on an alternate basis, on matters related to the implementation of this Memorandum of Understanding.
The authorised agencies of both Parties shall work together for the establishment of procedures to integrate illegal workers, who are in the country of the other Party prior to the entry into force of this Memorandum of Understanding, into the scope of this Memorandum of Understanding.
AUTHORISED AND PROCEDURE
ARTICLE IV
The Parties shall take all necessary measures to ensure proper procedures for employment of workers.
Employment of workers requires prior permission of the authorised agencies in the respective countries. Permission may be granted upon completion of procedures required by laws and regulations in the respective countries.
The authorised agencies may revoke or nullify their own permission at any time in accordance with the relevant laws and regulations.
The revocation or nullification shall not affect any deed already completed prior to the revocation or nullification.
ARTICLE V
The authorised agencies may through a job offer inform their counterparts of job opportunities, number, period, qualifications required, conditions of employment, and remuneration offered by employers.
ARTICLE VI
The authorised agencies shall provide their counterparts with lists of selected applicants for the jobs with information on their ages, permanent addresses, reference persons, education, experiences and other information deemed necessary for consideration by the prospective employers.
ARTICLE VII
The authorised agencies shall coordinate with the immigration and other authorities concerned to ensure that applicants, who have been selected by employers and duly permitted in accordance with Article IV, have fulfilled, inter alia, the following requirements:
- 1) Visas or other forms of entry permission;
- 2) Work permits;
- 3) Health insurances or health services;
- 4) Contribution into savings fund as may be required by the authorised agencies of the respective Parties;
- 5) Taxes or others as required by the Parties;
- 6) Employment contracts of employers and workers.
Contract of the terms and conditions of employment shall be signed between the Employer and Worker and a copy each of the contract submitted to the authorised agencies.
ARTICLE VIII
The authorised agencies shall be responsible for the administration of the list of workers permitted to work under this Memorandum of Understanding. They shall keep, for the purpose of reference and review, the lists of workers who report themselves or have their documents certified to the effect that they have returned to their permanent addresses after the end of the employment terms and conditions, for at least four years from the date of report or certification.
RETURN AND REPATRIATION
ARTICLE IX
Unless stated otherwise, the terms and conditions of employment of workers shall not exceed two years. If necessary, it may be extended for another term of two years. In any case, the terms and conditions of employment shall not exceed four years. Afterwards, it shall be deemed the termination of employment.
A three-year break is required for a worker who has already completed the terms and conditions of employment to re-apply for employment.
ARTICLE X
The Parties shall extend their fullest cooperation to ensure the return of bona fide workers, who have completed their employment terms and conditions, to their permanent addresses.
ARTICLE XI
The authorised agencies of the employing country shall set up and administer a saving fund. Workers are required to make monthly contribution to the fund in the amount equivalent to 15 percent of their monthly salary.
ARTICLE XII
Workers who have completed their terms and conditions of employment and returned to their permanent addresses shall be entitled to full refund of their accumulated contribution to the savings fund and the interest by submitting the application to the authorised agencies three months prior to their scheduled date of departure after completion of employment. The disbursement shall be made to workers within 7 days after the completion of employment.
In the case of workers whose services are terminated prior to completion of employment and have to return to their permanent addresses, the refund of their accumulated contribution and the interest shall also be made within 7 days after termination of employment.
ARTICLE XIII
Temporary return to country of origin by workers whose terms and conditions of employment are still valid and in compliance with the authorised agencies’ regulations shall not cause termination of the employment permission as stated in Article IV.
ARTICLE XIV
Procedures and documents required in the application for refund as stated in Article XII shall be set forth by the authorised agencies.
ARTICLE XV
The right to refund of their contribution to the saving Fund is revoked for workers who do not return their permanent addresses upon the completion of their employment terms and conditions.
ARTICLE XVI
The authorised agencies of the employing country may draw from the savings fund to cover the administrative expenses incurred by the bank and the deportation of workers to their country of origin.
PROTECTION
ARTICLE XVII
The Parties in the employing country shall ensure that the workers enjoy protection in accordance with the provisions of the domestic laws in their respective country.
ARTICLE XVIII
Workers of both Parties are entitled to wage and other Benefits due for local workers based on the principles of non-discrimination and equality of sex, race and religion.
ARTICLE XIX
Any dispute between workers and employers relating to employment shall be settled by the authorised agencies according to the laws and regulations in the employing country.
MEASURES AGAINST ILLEGAL EMPLOYMENT
ARTICLE XX
The Parties shall take all necessary measures, in their respective territory, to prevent and suppress illegal border crossings, trafficking of illegal workers and illegal employment of workers.
ARTICLE XXI
The Parties shall exchange information on matters relating to human trafficking, illegal immigration, trafficking of illegal workers and illegal employment.
AMENDMENTS
ARTICLE XXII
Any amendment to this Memorandum of Understanding may be made as agreed upon by the Parties through diplomatic channels.
SETTLEMENT OF DISPUTES
ARTICLE XXIII
Any difference or dispute arising out of this Memorandum of Understanding shall be settled amicably through consultations between the Parties.
ENFORCEMENT AND TERMINATION
ARTICLE XXIV
This Memorandum of Understanding shall enter into force after the date of signature and may be terminated by either Party in written notice. Termination shall take effect 90 (ninety) days following the date of notification. In case of termination of this Memorandum of Understanding by either Party, for the benefit of the workers, the Parties shall hold consultation on how to deal with employment contracts that are still valid.
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Memorandum of Understanding.
DONE at Chiang Mai on the Twenty First Day in the Month of June of Two Thousand and Three of the Christian Era, in the Thai, Myanmar, and English language, in two original copies all of which are equally authentic. In case of divergence of interpretation, the English text shall prevail.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE KINGDOM OF THAILAND THE UNION OF MYANMAR
Original Signed Original signed
(Surakiat Sathirathai) (Win Aung)
Minister of Foreign Affairs Minister of
Foreign Affairs
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE KINGDOM OF THAILAND
AND
THE GOVERNMENT OF THE LAO PEOPLE’S
DEMOCRATIC REPUBLIC
ON COOPERATION TO COMBAT TRAFFICKING IN
PERSONS,
ESPECIALLY WOMEN AND CHILDREN
---------------------------------
The Government of the Kingdom of Thailand
and the Government of Lao People’s
Democratic Republic, hereinafter referred
to as “the Parties”;
BEING CONCERNED that trafficking in persons,
especially women and children, constitutes
a serious violation of human rights, undermines
human dignity and adversely affects physical,
psychological, emotional and moral development
of a person and includes jeopardizing social
cohesion and values;
AIMING at the prevention and suppression
of transnational organized criminal groups
and gangs directly engaged in trafficking
in persons, in accordance with the Protocol
to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children,
supplementing the United Nations Convention
Against Transnational Organized Crime 2000;
RECOGNIZING to the principles contained
in the “Bangkok Declaration on irregular
Migration of 1999”;
BEING CONVINCED that the suppression of
the crime of trafficking in persons, especially
women and children, through cooperation
in law enforcement and criminal proceedings
is an efficient measure;
DESIRING to enhance cooperation of mutual
benefit between the two countries,
HAVE HEREBY AGREED AS FOLLOWS:
Scope of the Memorandum of Understanding
Article 1
This Memorandum of Understanding shall apply
to combating trafficking in persons, especially
women and children, as defined in Article
2 of this Memorandum of Understanding.
Definition
Article 2
For the operational purpose of this Memorandum
of Understanding:
- (a) “Trafficking in persons”
shall mean the recruitment, transportation,
transfer, harbouring or receipt of persons,
by means of threat, use of force, or other
forms of coercion, of abduction, of fraud,
of deception, of the abuse of power or of
a position of vulnerability or of the giving
or receiving of payments or benefits to
achieve the consent of a person having control
over another person, for the purpose of
exploitation. Exploitation shall include
the exploitation of others through prostitution
or other forms of sexual exploitation, forced
labour or service, slavery or practices
similar to slavery, servitude or the removal
of organs;
- (b) “Children” shall mean
persons under eighteen years of age, unless
the laws of the Parties stipulate otherwise.
Preventive Measures
Article 3
The Parties shall improve their legislation
as may be necessary and take appropriate
measures to ensure the implementation of
its laws and the exercise of their national
jurisdictions in conformity with the Universal
Declarations or International Conventions
to which the Parties have acceded to.
Article 4
The Parties shall provide educational and
vocational training programmes for women
and children in order to create employment
opportunities and reduce the risks of their
being trafficked.
Article 5
The Parties shall make their best efforts
to take measures to prevent trafficking
in persons, especially women and children,
by providing educational and vocational
training programmes and improved social
services, such as employment, income generation
and health care for women and children,
who are vulnerable to trafficking, and disseminating
to the public information regarding the
risk factors that lead to trafficking in
women and children.
Protection of Victims of Trafficking in
Persons,
especially Women and Children
Article 6
The victims, especially women and children,
shall receive justice and legal protection
while awaiting the completion of the procedures
for their official repatriation. The concerned
institutions of the Parties shall provide
temporary housing and appropriate protection
to the victims in accordance with the policies
of each country.
Article 7
The Parties shall take appropriate measures
against traffickers in cases relating to
trafficking in persons in accordance with
national law of each country and provide
due and just legal assistance to the victims,
especially women and children.
Article 8
The government agencies concerned shall
cooperate with other organizations to provide
legal assistance, health care and take other
necessary measures to protect the victims,
especially women and children and their
families in an appropriate manner.
Cooperation in Suppression of Trafficking
in Women and Children
Article 9
The Parties’ institutions responsible
for law enforcement of both countries, in
particular in the border areas shall closely
cooperate with one another to discover trafficking
in persons, especially women and children,
both within the territory and across border.
Article 10
The Parties shall individually or jointly
provide training programmes for their concerned
agencies to enhance their capacity for implementing
the laws in force, for the investigation
and prosecution of offenders and the protection
in the cases relating to trafficking in
persons, especially of women and children.
Article 11
- (a) The Parties shall promote bilateral
cooperation in order to combat and prevent
trafficking in persons, such as the prosecution
of transnational traffickers, extradition,
mutual assistance in criminal matters; and
- (b) The Parties shall afford one another
the widest mutual legal assistance in prosecution
in relation to trafficking in women and
children in accordance with existing agreements
signed by the government of the two countries.
Article 12
The concerned agencies of the two countries
shall cooperate in compiling and exchanging
data and information and collecting of evidence
relating to trafficking in persons, such
as routes, places, networks, means and methods
of trafficking in persons, including the
personal records of the traffickers.
Article 13
The concerned agencies of the two countries
shall formulate plans for protection to
ensure the safety of victims, especially
women and children and witnesses as appropriate
from acts of revenge or threats during the
conduct of and/or after the conclusion of
legal proceedings.
Repatriation
Article 14
- (a) In executing the repatriation of the
victims, especially women and children,
each Party shall inform in advance the names
of and data and information relating to
the victims to the other Party through diplomatic
channels for the purpose of arranging the
return and acceptance of the victims, especially
women and children, as mutually agreed upon
by the Parties in accordance with the provisions
of this Memorandum of Understanding.
- (b) The victims, especially women and
children, must have been registered or have
their domiciles or residence in the accepting
country or are certified as residents thereof
by the local authorities of the latter.
Article 15
- (a) The Parties shall assign a government
agency, which has relevant responsibilities,
to be a focal point for the purpose of executing
the return and acceptance of the victims,
especially women and children;
- (b) The focal point shall have the following
responsibilities:
- 1) arranging the return and acceptance of
the victims, especially women and children;
- 2) executing the return and acceptance of
the victims, especially women and children
according to predetermined schedules;
- 3) ensuring the safety of the victims, especially
women and children in the execution of their
return and acceptance;
- 4) monitoring of trafficking in persons,
especially women and children;
- 5) establishment of information networks
for the purpose of monitoring works concerning
trafficking in persons, especially women
and children, between law enforcement agencies,
national and international organizations
dealing with the protection of victims,
especially women and children and relevant
organizations.
Reintegration into Society
Article 16
The Parties shall undertake every measure
to help the victims, especially women and
children to safely and efficiently reintegrate
themselves into society and their families
in order that their dignity, freedom, and
self-esteem are restored.
Article 17
The Parties shall create vocational training
programmes, including training in life skills
to increase the opportunities for alternative
ways of leading their life and their efficient
reintegration into society, awareness-raising
programmes for the officials whose functions
are concerned with the development of the
victims, especially women and children.
Joint Action
Article 18
- (a) The Parties shall establish a joint
working group for joint operations, drawn
from relevant government agencies and organizations
dealing with combating trafficking in persons.
- (b) The joint working group shall hold ordinary
or extraordinary meetings as the need arises.
- (c) The joint working group shall have the
following functions:
- 1) Planning of joint action and implementation
of the provisions of this Memorandum of
Understanding;
- 2) Taking joint action to combat trafficking
in persons, especially women and children;
- 3) Coordinating with other relevant organizations
in drawing up strategic plans, guidelines
and necessary frameworks in combating trafficking
in persons, especially women and children,
in accordance with the provisions of this
Memorandum of Understanding;
- 4) Evaluating the joint works of the Parties
and regularly reporting the outcomes to
the agencies concerned of each Party;
- 5) Making proposals for enhancing mutual
cooperation between the Parties in combating
trafficking in persons, especially women
and children; and
- 6) Triennially reviewing, together with
the other Party, the implementation of this
Memorandum of Understanding.
Final Provisions
Article 19
The Parties shall endeavour to settle disputes
concerning the interpretation and implementation
of this Memorandum through negotiation.
Article 20
This Memorandum of Understanding may be
amended by mutual agreement of the Parties.
Article 21
- (a) This Memorandum of Understanding shall
become effective upon signature.
- (b) Either Party may denounce this Memorandum
of Understanding at any time by written
notification to the other Party through
diplomatic channels. Such denunciation shall
become effective six months after the date
of receipt by other party of such notification.
IN WITNESS WHEREOF, the undersigned plenipotentiaries,
being duly authorized thereto by their respective
Governments, have signed this Memorandum
of Understanding.
DONE at Bangkok, on this 13th day of July
2005, in duplicate in three authentic texts,
each in Thai, Lao and English languages.
In case of divergence of interpretation,
the English text shall prevail.
For the Government For the Government
of the Kingdom of Thailand of the Lao People’s
Democratic Republic
Original Signature Original Signature
(Mr. Pracha Maleenont) (Mr. Le Kakanhya)
Minister for Social Development and Acting
Minister of Labour and
Human Security Social Welfare
MOU on Cooperation against Trafficking in Persons
in the Greater Mekong Sub-Region
We, the representatives of the Governments
of the Kingdom of Cambodia, the People’s
Republic of China, the Lao People’s
Democratic Republic, the Union of Myanmar,
the Kingdom of Thailand and the Socialist
Republic of Vietnam:
Deeply Concerned over the suffering caused
by the trafficking in persons within the
Greater Mekong Sub-Region and from the Greater
Mekong Sub-Region to other regions of the
world;
Asserting that it is completely unacceptable
that human beings are traded, bought, sold,
abducted, placed, and maintained in exploitative
situations, thus being denied their most
fundamental and inalienable rights;
Recognizing that poverty, lack of access
to education, and inequalities, including
lack of equal opportunity, make persons
vulnerable to trafficking;
Further recognizing the link between trafficking
and the growing demand for exploitative
labour and exploitative sexual services;
Acknowledging that trafficking is intensified
by discriminatory attitudes, practices and
policies based on gender, age, nationality,
ethnicity and social grouping;
Emphasizing that children and women who
become victims of trafficking are particularly
vulnerable, and need special measures to
ensure their protection and well being;
Concerned by the involvement of both community
members and organized criminal groups in
trafficking in persons;
Recognizing the need for a strengthened
criminal justice response to trafficking
on order to secure justice for victims of
trafficking and end impunity for traffickers
and others who derive financial benefits
from this crime;
Acknowledging the importance of effective
and proportionate penalties for traffickers,
including provision for freezing and confiscating
their assets, and for the proceeds to be
used for the benefit of victims of trafficking;
Recognizing the important contribution
that survivors of trafficking can, on a
strictly voluntary basis, make to developing,
implementing, and evaluating anti-trafficking
interventions, and in securing the prosecution
of traffickers;
Acknowledging the important role played
by victim support agencies in the areas
of prevention, protection, prosecution,
rescue, repatriation, recovery and reintegration,
as well as in supporting a strengthened
criminal justice response;
Recognizing that each Government hereby
undertakes to take steps, individual and
through international assistance and co-operation,
to the maximum of its available resources,
with a view to achieving progressively the
full realization of the commitments recognized
in this MOU by all appropriate means;
Recalling the Universal Declaration of
Human Rights, particularly Article 4, which
states that ‘No one shall be held
in slavery or servitude; slavery and the
slave trade shall be prohibited in all their
forms’;
Commending those Greater Mekong Sub-Region
States which have ratified and/or acceded
to the key international legal instruments
concerning trafficking and related exploitation
including the :
• United Nations Convention Against
Trans-national Organised Crime and its Protocol
to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children;
• United Nations Convention on the
Elimination of All Forms of Discrimination
Against Women (CEDAW);
• United Nations Convention on the
Rights of the Child (CRC), and its Optional
Protocols on the Sale of Children, Child
Prostitution and Child Pornography, and
on the Involvement of Children in Armed
Conflict;
• ILO Forced Labour Conventions (29
& 105);
• ILO Convention (182) Concerning
the Prohibition and Immediate Action for
the Elimination of the Worst Forms of Child
Labour;
and encourage those States which have not
yet done so, to accede to these instruments
at the earliest possible time;
Reaffirming the importance of the United
Nations Recommended Principles and Guidelines
on Human Rights and Human Trafficking;
Reaffirming existing regional initiatives
and commitments to combat trafficking in
persons;
Welcoming the pioneering Memorandum of
Understanding between Thailand and Cambodia
on Bilateral Cooperation for Elimination
Trafficking in Children and Women and Assisting
Victims of Trafficking (2003) and efforts
to develop similar bilateral anti-trafficking
arrangements within the Greater Mekong Sub-Region;
Welcoming the importance of bilateral migration
agreements, such as the Memoranda of Understanding
on Cooperation in the Employment of Workers
between Thailand and Cambodia, Lao PDR and
Myanmar respectively, in promoting safe,
orderly, well-regulated migration as this
serves to reduce the demand for illegal
migration services which provide opportunities
for traffickers;
Intending fully that this MOU reflects
the continuing political will of our Governments
to cooperate to combat trafficking in persons;
and
Calling upon all countries outside the
GMS to join our countries in the fight against
human trafficking;
Hereby solemnly commit to the following
actions;
I. In the area of Policy and cooperation
(national and international):
1. Encouraging the use of the definition
of trafficking contained in the Protocol
to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children
supplementing the United Nations Convention
on Transnational Organised Crime;
2. Developing national plans of action
against trafficking in persons in all its
forms;
3. Working towards establishing and strengthening
a national, multi-sectoral committee on
trafficking in persons with a mandate to
coordinate the implementation of the National
Plan of Action and other anti-trafficking
interventions;
4. Creating mechanisms to strengthen regional
cooperation and information exchange, and
designating a national focal point on combating
trafficking;
5. Improving regional cooperation against
trafficking, in particular through bilateral
and multilateral agreements; and
6. Strengthening cooperation with international
organisations and non-governmental organisations
in combating trafficking in persons.
II. In the area of Legal Frameworks, Law
Enforcement and Justice:
7. Adopting and enforcing, as quickly as
possible, appropriate legislation against
trafficking in persons;
8. Adopting appropriate guidelines and
providing training for relevant officials
to permit the rapid and accurate identification
of trafficked persons and to improve the
prosecution process;
9. Investigating, arresting, prosecuting,
and punishing perpetrators of trafficking
according to law;
10. Making available to trafficked persons
legal assistance and information in a language
they understand;
11. Developing realistic and effective
cooperation in the criminal justice system
to remove impunity for traffickers and provide
justice for victims;
12. Strengthening cross-border cooperation
in law enforcement among the six GMS countries
to combat trafficking through criminal justice
process; and
13. Providing the necessary personnel and
budgetary support for trafficking response
capacities within national law enforcement
authorities.
14. Promoting bilateral or multilateral
agreements among the GMS countries to assist
each other in the judicial process;
III. In the area of Protection, Recovery,
and Reintegration:
15. Promoting greater gender and child
sensitivity in all areas of work dealing
with victims of trafficking;
16. Ensuring that persons identified as
victims of trafficking are not held in detention
by law enforcement authorities;
17. Providing all victims of trafficking
with shelter, and appropriate physical,
psycho-social, legal, educational, and health-care
assistance;
18. Adopting policies and mechanisms to
protect and support those who have been
victims of trafficking;
19. Strengthening the capacity of the embassies
and consulates to ensure that they can more
effectively assist trafficked persons;
20. Ensuring cross-border cooperation in
the safe return of trafficked persons, including
support to ensure their well-being; and
21. Working together to facilitate the
successful recovery and reintegration of
trafficked persons and to prevent them form
being re-trafficked.
IV. In the area of Preventive Measures:
22. Adopting measures to reduce vulnerability
including: supporting poverty reduction
programs; increasing economic opportunities;
ensuring access to quality education and
skill training; and providing necessary
personal legal documentation, including
birth registration;
23. Supporting the development of community
protection and surveillance networks for
early identification and intervention for
those at risk;
24. Raising public awareness at all levels,
including through public information campaigns
and advocacy, both of the dangers and negative
impacts of trafficking, and of assistance
available to victims;
25. Applying national labour and other
laws to protect the rights of all workers
based on the principles of non-discrimination
and equality;
26. Encouraging destination countries including
those from outside the Greater Mekong Sub-Region
to take all steps to reduce demand for services
and goods provided through the exploitation
of trafficked persons, and the
resulting profits; and
27. Increasing cooperation with the private
sector, especially the tourism and entertainment
industries, to take an active role in the
fight against trafficking.
V. In the area of Mechanisms for Implementation,
Monitoring and Evaluation of this Memorandum
of Understanding:
28. Developing an initial Sub-Regional
Plan of Action against Trafficking in Persons,
2005-2007 and undertaking all necessary
efforts to fully implement this Plan;
29. Developing procedures for the collection
and analysis of data and information on
trafficking cases and ensuring that anti-trafficking
strategies are based on accurate and current
research, experience and analysis;
30. Establishing a monitoring system for
the implementation of the Plan of Action
including, at the minimum, annual senior
officials meetings;
31. Reviewing the implementation of the
Plan of Action and adopting a new Sub-regional
Plan of Action through a GMS Ministerial
meeting in late 2007;
32. Creating a national task force to collaborate
with the COMMIT Secretariat (United Nations
Inter-Agency Project against Trafficking
in the Greater Mekong Sub-Region) and other
partners; and
33. Inviting government funding agencies,
as well as relevant United Nations and other
intergovernmental and non-governmental organizations
and the private sector, to provide financial,
material and technical assistance to support
GSM countries in their anti-trafficking
efforts, including the implementation of
this MOU and the forthcoming Plan of Action.
34. Recognizing that amendments to this
MOU may be desirable in the future, the
Governments set out that following process
for amending this MOU: (1) if four of the
six undersigned Governments believe that
the MOU should be changed, and inform the
Secretariat in writing, a procedure to consultation
shall be undertaken by the Secretariat in
a mutually convenient manner; (2) the purpose
of such a procedure shall be to propose
changes to the MOU; (3) any change to the
MOU shall be agreed to unanimously by the
six Governments, and the approval of each
Government shall be communicated to the
Secretariat in writing.
Done at Yangon, on this 29th day of October
2004.
FOR THE GOVERNMENT FOR THE GOVERNMENT
OF THE KINGDOM OF CAMBODIA OF THE PEOPLE’S
REPUBLIC OF CHINA
Original Signed Original Signed
(Ith Samheng) (Huang Qingyi)
Minister of Social Affairs, Vice Chairperson
Veterans and Youth Rehabilitation National
Working Committee
for Children & Women under the State
Council
FOR THE GOVERNMENT FOR THE GOVERNMENT
OF THE LAO PEOPLE’S OF THE UNION OF
MYANMAR
DEMOCRATIC REPUBLIC
Original Signed Original Signed
(Samphanh Phengkhammy) (Colonel Tin Hlaing)
Minister of Labour and Social Welfare Minister
of Home Affairs
FOR THE GOVERNMENT FOR THE GOVERNMENT
OF THE KINGDOM OF THAILAND OF THE SOCIALIST
REPUBLIC OF VIETNAM
Original Signed Original Signed
(Wanlop Phloytabtim) (Lieutenant-General
Le The Tiem)
Permanent Secretary Vice Minister of Public
Security
Ministry of Social Development
And Human Security
-