| 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.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE KINGDOM OF THAILAND
AND
THE GOVERNMENT OF THE KINGDOM OF CAMBODIA
ON COOPERATION IN
THE EMPLOYMENT OF WORKERS
---------------------------------
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;
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 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.
ARTICLE III
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.
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 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.
ARTICLE V
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.
ARTICLE VI
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.
ARTICLE VII
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:
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 authorized 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 authorized 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 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.
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 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
Original Signed Original signed
(Suwat Liptapanlop) (Ith Samheng)
Minister of Labour Minister of Social Affairs,
Labour, Vocational Training
and Youth Rehabilitation
[ABOVE IN ENGLISH ONLY - NO THAI VERSION
AVAILABLE]
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE KINGDOM OF THAILAND
AND
THE GOVERNMENT OF THE KINGDOM OF CAMBODIA
ON
BILATERAL COOPERATION
FOR
ELIMINATING TRAFFICKING IN CHILDREN AND
WOMEN
AND ASSISTING VICTIMS OF TRAFFICKING
---------------------------------
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,
HAVE AGREED AS FOLLOWS:
I-Scope of This Memorandum of Understanding
Article I
This Memorandum of Understanding shall
apply to trafficking in children and women
as defined in Article 2 of this Memorandum.
II- Definition
Article 2
For the operational purpose of this memorandum,
a) Trafficking in Children and Women”
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) The consent of a victim of trafficking
in children and women to the intended exploitation
set forth in subparagraph (a) of this article
shall be irrelevant where any of the means
set forth in subparagraph (a) have been
used;
c) A child who has been recruited, transported,
transferred, or harboured for the purpose
of exploitation shall be considered ‘as
a victim of trafficking” even if this
does not involve any of the means set forth
in subparagraph (a) of this article: and
d) “Child” shall mean any person
under eighteen years of age.
Article 3
The Parties recognize that examples of
the purposes of trafficking in children
and women include, but are not limited to
the following:
a) prostitution;
b) forced or exploitative domestic labour;
c) bonded labour and other forms of hazardous,
dangerous and exploitative labour;
d) servile marriage;
e) false adoption;
f) sex tourism and entertainment;
g) pornography;
h) begging; and
i) slavery by the use of drugs on children
and women.
III- Preventive Measures
Article 4
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.
Article 5
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.
Article 6
The Parties shall make best effort to prevent
trafficking in children and women through
the following preventive measures:
a) Increase of social services such as assistance
in job searching and income generating and
provision of medical care to children and
women vulnerable to trafficking,
b) Reform of educational and vocational
training programmes to improve their linkage
with job opportunities;
c) Enhancement of public awareness and understanding
on the issue of trafficking in children
and women; and
d) Dissemination of information to the public
on the risk factors involved in trafficking
of children and women and on the businesses
that are exploitative to children and women.
IV- Protection of Trafficked Children and
Women
Article 7
Trafficked children and women shall be
considered victims, not violators or offenders
of the immigration law. Therefore,
a) Trafficked children and women shall not
be prosecuted for illegal entry to the country;
b) Trafficked children and women shall not
be detained in an immigration detention
center during the times awaiting the official
repatriation process, but shall be put under
the care of the Ministry of Social Affairs,
Labour, Vocational Training and Youth Rehabilitation
(Cambodia) or the Department of Social Development
and Welfare (Thailand), and shelter and
protection shall be provided to the victims
according to the policy of each state;
c) The relevant authorities shall ensure
the security of trafficked children and
women, and
d) Victims shall be treated humanely throughout
the process of protection and repatriation
and the judicial proceedings.
Article 8
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:
a) Victims may claim restitution of any
undisputed personal properties and belongings
that have been confiscated or obtained by
authorities in the process of detention
or any other criminal procedure;
b) Proceeds of crime of trafficking shall
be liable for confiscation and managed according
to the laws of relevant country;
c) Victims may claim compensation from the
offender of any damages caused by trafficking
in children and women;
d) Victims may claim payment for unpaid
services from the offender; and
e) Victims shall have access to the due
process of law to claim for criminal justice,
recovery of damages, and any other judicial
remedies.
Article 9
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.
V- Cooperation in Suppression of Trafficking
in Children and
Women
Article 10
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.
Article 11
a) The law enforcement process shall be
streamlined so as to combat crimes of trafficking
in children and women effectively;
b) The investigation and the prosecution
of offenders and criminal syndicates in
trafficking cases shall be intensified;
and
c) The Parties shall undertake training
programmes unilaterally and bilaterally
concerning the applicable legal rules and
skill of investigation and protection in
trafficking cases for law enforcement personnel,
with emphasis on the fights of children
and women, with reference to the Convention
on the Rights of the Child, the Convention
on the Elimination of All Forms of Discrimination
against Women, other international human
rights standards and the relevant domestic
laws.
Article 12
a) The Parties shall promote bilateral
cooperation in the judicial procedure against
trafficking, e.g., prosecution of transnational
traffickers, extradition arrangement, mutual
judicial assistance in the criminal procedures;
and
b) The Parties shall afford one another
the widest measure of mutual legal assistance
in investigation, prosecution and judicial
proceeding in relation to trafficking in
children and women including existing arrangement
on extradition.
Article 13
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.
Article 14
a) The Ministry of Foreign Affairs and
International Cooperation, the Ministry
of Interior, the Ministry of Social Affairs,
Labour, Vocational Training and Youth Rehabilitation,
the Ministry of Women’s and Veterans’
Affairs, the Ministry of Justice, and the
Ministry of Tourism, (Cambodia) and the
Royal Thai Police, the Ministry of Foreign
Affairs, the Ministry of Labour, the Ministry
of Social Development and Human Security,
The Ministry of Public health and the Department
of Social Development and Welfare, the local
police, or immigration border control checkpoints
(Thailand), along with other relevant non-governmental
organizations, shall cooperate in collecting
information and evidence relating to human
trafficking cases.
b) The information and evidence obtained
in accordance with the above paragraph shall
duly be delivered to the competent police
office, immigration office, prosecutor’s
office or other relevant parties who take
legal action in trafficking cases of children
and women, e.g. searching for offenders,
investigating in cases, prosecuting offenders,
and proceeding with any other judicial procedures.
Article 14
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.
VI- Repatriation
Article 16
a) The authorities in charge of repatriation
shall use the diplomatic channel of communication
to inform the other Party of repatriation
arrangements of trafficked children and
women in advance;
b) Repatriation of trafficked children and
women shall be arranged and conducted in
their best interest; and
c) Children and women who have been identified
as victims of trafficking shall not be deported.
Repatriation of children and women victims
will be undertaken in accordance with the
above.
Article 17
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
Thai
Version in PDF 
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.
Protection
Article 17
The parties will apply national laws to
protect the rights of workers (to whom this
MOU applies)
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
Thai
version in PDF
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
Thai
version in PDF
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
Thai
version available in PDF
MOU on Cooperation
against Trafficking in Persons
in the Greater Mekong Sub-Region
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