tag:blogger.com,1999:blog-30820901759301759902024-02-08T09:01:06.039-08:00Human Rights Evaluation EssaysStan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-3082090175930175990.post-6889298429177784652008-02-06T23:10:00.000-08:002008-02-06T23:33:53.865-08:00Final Paper Evaluations<strong>Srinna<br /></strong><br />Your research on this paper came to a slow start and you definitely picked up quickly and submitted an outline of reasonable quality which resulted in a solid structure of this paper. The paper, as a result, does sound coherent, although the same points of inquiry are filled with information of different types and dealing with different issues, which makes the narrative very confusing. If read separately, each country analysis sounds adequate, however, if compared, there is little that can be found in terms of coherence there. I appreciate the effort you made to create some type of footnotes, although they don’t conform to any known citation standard and, therefore, don’t count toward your grade. Overall, this is not a bad effort at all, although your command of English does need significant improvement.<br /><br /><br /><br /><strong>Buntheoun<br /></strong><br />I believe I had commented several times on your paper prior to its submission and every time I did so I stressed the importance of following the template which had developed in class very strongly. Your final product doesn’t follow the template in question and, therefore, merely falls below the level of acceptable quality of research I set for this class.<br /><br /><br /><strong>Bophal</strong><br /><br />I am glad you heeded to my numerous comments which significant enhanced the quality of your paper. Generally, it is a very solid effort, although certain aspects of it could have been done better (for instance, when you talk about the definition of ‘torture’ at the very beginning, you could have used the definition of the CAT or another convention which contains an article on torture). I was also pleased to see that you had understood the template as a whole and were able to create components which interact successfully within it. Good job on the footnotes too!<br /><br /><br /><strong>Sophorne<br /><br /></strong>Shortcuts get you nowhere. After I had spent my own time commenting on 7 versions (I have them all documented in my database, if you are interested) of your outline, you decided to change your topic without consulting me prior to doing so. A result of that is the simple fact that you ended up selecting an issue which is not categorized as a human right for the reason that its violations are not committed by government but by individual persons, thus, making ‘domestic violence’ a simple matter of criminal law (usually, battery) and not a matter of human rights. I, therefore, won’t be able to count this as a submission to satisfy the main requirement of the course as your submission has little – if anything at all – to do with the title of the course – ‘human rights’.<br /><br /><br /><strong>Pisey<br /></strong><br />I am glad you were able to finish your paper, although with a different topic. You were luckier – or better researched – then Sophorne as you changed your topic to something that is also a perfectly acceptable human rights topic. I liked the hard math you did in the analysis section and what you were intending to do with the select points of inquiry. I, however, felt that somewhere towards the end of the paper you ran out time or energy to continue writing and see the arguments you had created to their logical end. This, unfortunately, affects the quality of the analysis section as well as the conclusion of this paper.<br /><br /><br /><strong>Kanal<br /></strong><br />Your paper follows the template, at least for the most part. One of the issues that I see with it is that the points of inquiry you had created are not the same – but somewhat similar – for each of the 3 countries. This backfires later in the paper when you get to analysis which come out somewhat lopsided as it is naturally difficult to compare different points of inquiry to one another. Another issue of imbalance is evident in the sections dedicated to Cambodia which are inexorably far larger than the comparable sections on India and China. I understand that this is due to the fact that there is simply more information available on Cambodia because this paper was written in Cambodia, but this doesn’t explain the significant lack of research in some areas. Too much copy-and-paste, which should be completely absence from academic papers. You are saved here, however, by some of your colleagues who set a much lower end of the curve which helps you retain your grade. Other than these, it is a solid and worthwhile effort.Stan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.com0tag:blogger.com,1999:blog-3082090175930175990.post-6443379769232422382008-02-03T21:20:00.000-08:002008-02-03T21:49:06.481-08:00Srinna's Paper<strong>Paññãsástra University of Cambodia </strong><br /><strong><br /></strong>MA Class<br />Prof. Stan<br />Student: Ty Srinna<br /><br /><strong>Arbitrary Arrest or Detention</strong><br /><br /><br />I, <strong>Introduction</strong>:<br /><br />Arbitrary arrest and detention is a serious problem in all country around the world. It denied the right to a fair trial, and hindrance to the appeals process and it always made by the police authorities which suppressed all acts of peaceful political expression, contravening international and national law in the process, and civilian.<br />Arbitrary arrest and detention mean that is the <a href="http://www.answers.com/topic/arrest" target="_top">arrest</a> and <a href="http://www.answers.com/topic/detention-imprisonment-1" target="_top">detention</a> of an individual in a case in which there is no likelihood or <a href="http://www.answers.com/topic/evidence-everlife-song" target="_top">evidence</a> that he or she committed a <a href="http://www.answers.com/topic/crime-1" target="_top">crime</a> against <a href="http://www.answers.com/topic/statute-1" target="_top">legal statute</a>, or in which there has been no proper <a href="http://www.answers.com/topic/due-process" target="_top">due process</a> of law<a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn1" name="_ftnref1">[1]</a>.<br /><br />So why arbitrary arrest and detention was happen? Who commit this act? How to resolve it?<br /><br />To answer to these questions, I will select Philippines, Indonesia, and Laos to use in this topic, because all of those countries are stand in the East Asia. And they also have similar serious problem on human right in some areas in those countries. However, those problems are not the same, even they have the same name of problem, but the target of those problems is deferent. In some country, the target of arbitrary arrest and detention is focus on political issue, and some focus on not only political, but also criminal issue.<br /><br />II, <strong>Methodology </strong><br /><br />On this paper, I will take Philippines as the basic country and other two countries are Indonesia and Laos by raise up the structure of the police and other authorities, the limitation of the law which cover on the police action and the cause of the arbitrary arrest and detention in each country. Then I will take the basic country to compare to itself and compare with the other two countries as we have raised up above.<br />In addition, I use country report on the human right practice in 2002 and 2006 in each country as the reference in this topic.<br /><br />III, <strong>Situation in Philippines, Indonesia and Laos</strong><br /><br />1, <strong>Philippines:</strong><br /><br />The Philippines has 87 million of populations and it is a democratic republic with an elected president, an elected bicameral legislature, and a multiparty system. The May 2004 national elections for president and both houses of congress continued to be a source of contention, with unsuccessful attempts in 2005 and during the year to impeach the president on grounds of alleged election fraud. Civilian authorities generally maintained effective control of the security forces; however, some elements of these security forces committed human rights abuses.<br /><br />-<strong><em>Role of the Police and Security Apparatus </em></strong><br /><strong><em><br /></em></strong>The Department of National Defense directs the Army Force of the Philippines (AFP) and the Police National of the Philippines (PNP) is shares responsibility for counterterrorism and counterinsurgency operations.<br />The Department of Interior and Local Government directs the PNP, which is responsible for enforcement of law and order and urban counterterrorism; however, governors, mayors, and other local officials have considerable influence<a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn2" name="_ftnref2">[2]</a>.<br />The New People Army (NPA) and Islamic separatist groups also share responsible for a number of arbitrary detentions and often kept contact with the informal courts set up to try military personnel, police, local politicians, and other persons for "crimes against the people" (base on the Philippines country reports 2006).<br /><br />-<em><strong>Limitation of Police duty on arresting suspect person:</strong></em><br /><br />The law’s provisions against arbitrary arrest and detention but in practice the authorities routinely violated it<a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn3" name="_ftnref3">[3]</a>. Prisoners have the right to notify their families promptly and specify that warrants must be produced during an arrest or detention (base on the Philippines law). But there is an exceptions were allowed to the police to arrest persons without any warrants in the case of a crime is committing, for example, a suspect is caught in the act of committing a crime. The law allows investigators to issue warrants; however, at times authorities made arrests without warrants<a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn4" name="_ftnref4">[4]</a>.<br />In Philippines, the authorities can make file charges within 12 to 36 hours of arrests the suspect person without any warrants, so it cause the increasing of a seriousness of the crime. For the Long period of pretrial detention also cause a problem in Philippines society<a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn5" name="_ftnref5">[5]</a>.<br /><br />- <strong><em>Cause of the arbitrary arrest and detention</em>:</strong><br /><br />The political reason, corruption and bribes are cause the arbitrary arrest and detention in Philippines. All the illegal acts are done by the police and other authorities on political person and civilian base on Philippines country report 2006 <a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn6" name="_ftnref6">[6]</a>.<br /><br />2, <strong>Indonesia</strong>:<br /><br />Indonesia is a multiparty republic and had 245 million populations. The president was directly elected in elections that international observers judged to be free and fair. In 2004, Voters also chose two national legislative bodies: the House of Representatives (DPR) and the newly created House of Regional Representatives (DPD). While civilian authorities generally maintained effective control of the security forces, in some instances elements of the security forces acted independently of civilian authority.<br /><br />-<em><strong>Role of the Police and Security Apparatus</strong></em><br /><br />The president appoints the national police chief, subject to DPR confirmation. The reports must be made by the police chief to the president but is not a full member of the cabinet. There are 250,000 officers of the national police force deployed throughout the 33 provinces. The police maintain a centralized hierarchy, and locally deployed forces formally report to their national headquarters rather than to local governments.<br />The military is responsible for external defense, but also has a residual obligation to support the police in their domestic security responsibilities.<br />In Aceh, the Shari'a police, a provincial body, is responsible for enforcing Shari'a law. Impunity and corruption remained significant problems. There were instances in which the police failed to respond to mob or vigilante violence. Police commonly extracted bribes, ranging from minor payoffs in traffic cases to large bribes in criminal investigations. From January to October, the Division of Profession and Security (Propam) reportedly investigated 5,486 police officers, including high-level officials, across the country, resulting in 240 dismissals. Other punishments varied from demotion to criminal prosecution.<br /><br />-<strong><em>Limitation of Police duty on arresting suspect person</em>:</strong><br /><br />The authorities must have warrants during arrest the suspect person base on the Criminal Procedure Code of Indonesia, but there is an exception, which permit the authorities to arrest suspect person without warrant when the suspect person is committing a crime. Even the law mention about the ability of the authorities, but in practice they rarely follow the law. Mean that the authorities (police) always against the law by making arbitrary arrest and detention suspect person without warrant.<br /><br />-<strong><em>Cause of arbitrary arrest and detention</em>:</strong><br /><br />In Indonesia, the causes of the arbitrary arrest and detention are impunity, corruption, religion discrimination, bribes, political reason which was a big problem in the society. Because in practice, Police sometime extracted bribes, ranging from minor payoffs in traffic cases to large bribes in criminal investigations<a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn7" name="_ftnref7">[7]</a>.<br /><br />3,<strong> Laos</strong>:<br /><br />The Laos is Democratic Republic that has one party state ruled by the Lao People's Revolutionary Party (LPRP). In 2005, there are 5.6 million populations. The law system is base on the constitution in1991 which had the executive, legislative, and judicial branches. The National Assembly elected the president and vice president and ratified the president's selection of a prime minister and cabinet. The LPRP generally maintained effective control of the security forces, but on occasion elements of the security forces acted outside the LPRP's authority.<br /><br /><em>-<strong>Role of the Police and Security Apparatus</strong></em><br /><em><br /></em>In Laos, government had divided the structure of police responsibility on their actions for control them as bellow<a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn8" name="_ftnref8">[8]</a>:<br /><br />-The Ministry of Public Security (MoPS) maintains internal security but shares the function of state control with the Ministry of Defense's security forces and with LPRP and popular fronts.<br />-The Ministry of Foreign Affairs, with MoPS support, is responsible for oversight of foreigners, including ensuring that foreigners do not visit sensitive areas or have sexual relations with citizens.<br />-The MoPS includes local police, traffic police, immigration police, security police (including border police), and other armed police units. Communication police are responsible for monitoring telephone and electronic communications.<br />-The armed forces are responsible for external security but also have domestic security responsibilities that include counterterrorism and counterinsurgency activities as well as control of an extensive system of village militias.<br /><br />-<strong><em>Limitation of Police duty on arresting suspect person</em></strong><br /><br />Police and military forces in Laos have the powers of arresting the suspect person, but they must have warrant during arrest those person. Police agents sometime follow the law and sometime not in making arrests. In Laos also has the exception to arrest persons in the act of committing crimes or in urgent cases.<br /><br />The limitation of the detention without trail and the length of detention without a pretrial hearing is a 1-year statutory limit. However in practice the government does not follow this law’s provision. There are 3 month increments however the maximum of detention is 1 year in theory. So it means that a suspect must be released if police do not have sufficient evidence to bring charges.<br /><br />According to the law limits periods of pretrial detention, the law allows Police to detain the suspect persons for 20-days of an initial arrest and can be extended to 60 days. In contrast, the prosecutors can detain a suspect 30 days initially, and also can make the extension for 20-day more. In this case prosecutors may extend police detention periods, and a district court may further extend prosecutors' detention of a suspect. The 90 days period during trial or appeal is for the district and high courts that can detain a defendant. The 110 days is for the Supreme Court to detain a defendant while considering an appeal.<br />Moreover, the law allows detention periods to be extended up to an additional 60 days at each level in the case of a defendant faces a possible prison sentence of nine years or longer or in the case of the individual is certified to be mentally or physically disturbed. The authorities always respected these limits in practice.<br /><br />-<em><strong>Cause of arbitrary arrest and detention</strong></em>:<br /><br />In Laos, there had no punishment on wrong doing of the police that is why it caused a serious problem. The police had done the corruption, because of the impunity of their country. For example, many police officers used their authority to extract bribes from citizens. According to the Police reported that sometimes the police used arrest as a means to intimidate persons or extract bribes. In addition, according to 2002 country report of Laos, the authorities sometimes continued to detain prisoners after they had completed their sentences, especially in cases where prisoners were unable to pay court fines.<br /><br />On the other hand, religious discrimination and political reason are also cause of the arbitrary arrest and detention too base on confirmed reports and other some source<a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn9" name="_ftnref9">[9]</a>.<br /><br />IV, <strong>Analysis on the Arbitrary Arrest and Detention Problems</strong>:<br /><br />I analyze on this problem by making Comparison on Philippines against itself, Philippines and Indonesia, and Philippines and Laos in 2002 and 2006 base on Country report of each country:<br /><br /><em>-<strong>The comparison on Philippines against itself in 2002 and 2006</strong></em>:<br /><br />In 2002, there are many illegal arrest and detention during the year. It’s has 17 cases found by the CHR investigated and 36 cases of politically motivated arrests by the Government according on the TFDP documented. The TFDP and the NGO Philippine Human Rights Information Center has also estimated on the political prisoners in the country has around 200 cases as the total number during the year. For these numbers of the cases show that in 2002 the arbitrary arrest and detection problem were made by not only the police but also Philippines government.<br />In Contrast, in 2006 there are 6.5 percent of detainees were able to post bail. During that time the file charges was increasing with the seriousness of the crime. And it’s also has a problem with the long period of pretrial detention, but the courts released 67 detainees who has gotten the maximum time of detection in the prison. Later on the two detainees were released under this circumstance.<br /><br />According on the information of the arbitrary arrest and detention problem at these two years in Philippines, we see that in 2002 the government or the courts did not do any act to solve these problems (arbitrary arrest and detention problem). However in 2006, we see that the courts had released many detainees who were kept in the prison with the illegal arrest and detention or no strong evidence. These also show that the arbitrary arrest and detention problems were decrease in 2006 to compare with that problem in 2002.<br /><br /><strong>-The comparison between Philippines and Indonesia</strong>:<br /><br />+ <strong><em>In 2002 (Country Report)</em></strong>:<br /><br />In 2002, Indonesia country report did not mention about the case numbers or reliable statistics of the arbitrary arrest and detention problems in their country as Philippines country. But in fact, there are many citizens who were arrest and detained without warrant by the police and other authorities during the year. For these problems were happened in some areas around the country such as in Aceh and Papua, police frequently and arbitrarily detained persons without warrants, charges, or court proceedings. In addition, even thought this report did not show the data of the cases number, but it was show about activity of the police (authorities) on the arbitrary arrest and detention<a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn10" name="_ftnref10">[10]</a>.<br />According to the report on these activities of the police on the arbitrary arrest and detention, it’s can mean that Indonesia also has too many arbitrary arrest and detention cases but the government tried not to show clear on these cases number. If we compare it to Philippines, it’s hard for us to find the right balance. However we can guess that the arbitrary arrest and detention cases in Indonesia are higher than Philippine, because Indonesia government is weak leadership<a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn11" name="_ftnref11">[11]</a> and has many populations number.<br /><br />+<strong><em> In 2006(Country Report):</em></strong><br /><br />In 2006, both Philippines and Indonesia try to solve the problem of the arbitrary arrest and detention in their own by reforming the institution of the police (authorities). For the activity of reform this institute, we see that Philippines is more active or higher reforming than Indonesia base on the data of Philippines reforming<a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn12" name="_ftnref12">[12]</a>. For Indonesia, we don’t see any clear data of reforming, but we can see the activity of the government in reforming their country by removing the police who committed illegal acts<a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn13" name="_ftnref13">[13]</a><br /><br />-<strong>The comparison between Philippines and Laos: </strong><br /><br /><strong><em>+ In 2002(Country Report):</em></strong><br />In 2002, the total number of the arbitrary arrest and detention is 253 cases<a title="" style="mso-footnote-id: ftn14" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn14" name="_ftnref14">[14]</a> in Philippines during the year. However, during this year the data of detainees in Laos is not clear, they just show about the perhaps number is over 100 cases<a title="" style="mso-footnote-id: ftn15" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn15" name="_ftnref15">[15]</a>. If we compare on case data of both country we can see that Philippines might get more or higher serious problem of arbitrary arrest and detention than Laos.<br /><br /><strong><em>+ In 2006 (Country Report):</em></strong><br /><br />In 2006, Philippines government has tried to solve the problem of the arbitrary arrest and detention by reforming the institution of the police (authorities). So the arbitrary arrest and detention problem might be decrease step by step. In contrast, according to country report of Laos, we see there were still has a serious problem on arbitrary arrest and detention<a title="" style="mso-footnote-id: ftn16" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn16" name="_ftnref16">[16]</a> without any solving by the government. Because of this reason, if we compare both country Philippines and Laos here, we can say that arbitrary arrest and detention in Laos might be higher than Philippines.<br /><br />V, <strong>Conclusion </strong><br /><strong></strong><br />All in all, the arbitrary arrest and detention in each country (Philippines, Indonesia and Laos) still cause a serious problem even some country try to solve it. Because in each country, although it has the law and the structure of the police to be responsible on their action, in implement they generally against it. After comparing these three countries, we only see that arbitrary arrest and detention problem is getting more decrease in Philippines dislike in Indonesia and Laos base on country report in 2002 and 2006 of Philippines, was showed clear about the way of the government to solve the problem and cases number of the arbitrary arrest and detention that the other two countries are not.<br /><br /><strong>Reference</strong>:<br />Philippines country report in 2002 and 2006<br />Indonesia country report in 2002 and 2006<br />Laos country report in 2002 and 2006<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref1" name="_ftn1"></a>1, <a href="http://www0.un.org/cyberschoolbus/humanrights/declaration/9.asp" target="wpext">Freedom from Arbitrary Arrest and Exile</a>. Human Rights Law. <a href="http://cyberschoolbus.un.org/" target="wpext">United Nations Cyber Schoolbus</a> (2006-11-09). Retrieved on 2007-09-30.<br /><br /><a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref2" name="_ftn2">[2]</a> In the report said that:<br />The Department of National Defense directs the Army Force of the Philippines (AFP) and the Police National of the Philippines (PNP) is shares responsibility for counterterrorism and counterinsurgency operations.<br />The Department of Interior and Local Government directs the PNP, which is responsible for enforcement of law and order and urban counterterrorism; however, governors, mayors, and other local officials have considerable influence.<br /><br /><a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref3" name="_ftn3">[3]</a> The law requires a judicial determination of probable cause before issuance of an arrest warrant and prohibits holding prisoners incommunicado or in secret places of detention; however, in a number of cases, police arrested and detained citizens arbitrarily. Through December, the TFDP documented 35 cases of illegal arrest and detention involving 114 victims<br /><a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref4" name="_ftn4">[4]</a> I got it from the country report in 2006 of Philippines<br /><a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref5" name="_ftn5">[5]</a> In September 2005 a regional trial court judge was killed in her house in Natividad, Pangasinan. Police identified two suspects, but a judge dismissed the case and did not issue arrest warrants against the two for lack of probable cause. In January police arrested six suspects for the December 2005 murder of a Pasay City regional trial court judge; their trial was on-going at year's end. Trials in the 2004 killings of two judges were also underway at year's end, and prosecutors filed charges in the third case. Ten cases of the killing of judges remained under investigation at year's end.<br /><br /><a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref6" name="_ftn6">[6]</a> Corruption was a problem in all the institutions making up the criminal justice system, including police, prosecutorial, and judicial organs.<br /><a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref7" name="_ftn7">[7]</a>. Impunity and corruption remained significant problems. There were instances in which the police failed to respond to mob or vigilante violence. Police commonly extracted bribes, ranging from minor payoffs in traffic cases to large bribes in criminal investigations. From January to October, the Division of Profession and Security (Propam) reportedly investigated 5,486 police officers, including high-level officials, across the country, resulting in 240 dismissals. Other punishments varied from demotion to criminal prosecution.<br /><br /><a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref8" name="_ftn8">[8]</a>The Ministry of Public Security (MoPS) maintains internal security but shares the function of state control with the Ministry of Defense's security forces and with LPRP and popular fronts. The Ministry of Foreign Affairs, with MoPS support, is responsible for oversight of foreigners, including ensuring that foreigners do not visit sensitive areas or have sexual relations with citizens. The MoPS includes local police, traffic police, immigration police, security police (including border police), and other armed police units. Communication police are responsible for monitoring telephone and electronic communications. The armed forces are responsible for external security but also have domestic security responsibilities that include counterterrorism and counterinsurgency activities as well as control of an extensive system of village militias.<br /><br /><a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref9" name="_ftn9">[9]</a> -During the year, government authorities arrested and detained more than 60 Christians, at times holding them in custody for months (see Section 2.c.). According to confirmed reports, those detained without trial at year's end for their religious activities included one person in Phongsaly and one person in Houaphanh; one person detained in Savannakhet was released in December. Seven lowland Lao men who returned from China have been detained without trial since 1997. An eighth member of this group was released in 2001.<br />-Some sources reported that in June authorities in Vientiane Province arrested six Hmong villagers in Muang Feuang district, reportedly because of suspicion that the six had some involvement with antigovernment insurgents.<br />-Police reportedly sometimes used arrest as a means to intimidate persons or extract bribes. There were reports that military forces occasionally arrested or detained persons suspected of insurgent activities.<br /><br /><br /><br /><br /><a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref10" name="_ftn10">[10]</a> Indonesia country report 2002: In Aceh security forces routinely employed arbitrary arrest and detention without trial. On July 16, in Banda Aceh, local police took seven young members of the Acehnese Women’s Democratic Organization (ORPAD) into custody following a rally in which they expressed antigovernment views. The police released six of the seven women a day later, but continued to hold Raihana Diani, who helped organize the rally, through the end of the year. The authorities charged her with insulting the President, a violation of Articles 134 and 137 of the Criminal Code. On December 23, prosecutors demanded a sentence of 8 months. At year's end, Diani still was awaiting sentencing. On July 31, in Papua, Yanuarius Usi allegedly died in police custody as a result of mistreatment (see Section 1.c.). On September 26, police in Jakarta arrested and briefly detained anticorruption activist Azas Tigor Nainggolan. Tigor, Chairman of the Jakarta Residents Forum (FAKTA), allegedly slandered Jakarta Governor Sutiyoso by claiming that he had bribed city councilors.<br />On September 11, in southern Aceh, the TNI detained two foreign women in an area off limits to foreigners. The soldiers denied them Consular access and, according to the two women, punched and sexually harassed them. The TNI subsequently turned the two over to police, who transferred them to Banda Aceh, where they were charged with violating the terms of their tourist visas. On December 30, a court convicted them for violating the terms of their tourist visas, sentencing one to 4 months in prison and the other to 5 months.<br />On April 17, police in Jakarta released imprisoned Acehnese student leader Fasial Saifuddin, pending appeal of his 1-year sentence for "spreading hatred toward the state." Saifuddin, of the NGO SIRA, had demonstrated in front of the United Nations (U.N.) building in Jakarta; he had served approximately 6 months of his sentence. In November 2001, police in Banda Aceh released from detention student leader Kautsar Mohammed, who was held on the same charge as Saifuddin.<br /><br /><a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref11" name="_ftn11">[11]</a> Government generally has been unable to adequately address serious human rights abuses committed in the past. Inadequate resources, weak leadership, and limited accountability contributed to continued abuses by security force personnel, although with sharply reduced frequency and gravity than under past governments. The following human rights problems occurred during the year.<br /><br /><a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref12" name="_ftn12">[12]</a> The 115,000 member PNP has deep-rooted institutional deficiencies and suffered from a widely held and accurate public perception that it was corrupt. The PNP's Internal Affairs Service remained largely ineffective. Members of the PNP were regularly accused of torture, of soliciting bribes, and of other illegal acts. Efforts were underway to reform the institution in part to counter a widespread impression of official impunity. From January to November, the PNP dismissed 89 policemen. Of the 2,859 administrative cases filed against PNP officers and personnel, 1,398 were resolved, 944 remained under preliminary investigation, 391 underwent summary hearings, and the remaining 126 were filed with the People's Law Enforcement Board, a body composed of local government officials and NGO representatives that receives complaints filed against members of the PNP in the regions. In 2005 the PNP initiated a Transformation Program aimed at systematic institutional reform.<br /><br /><a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref13" name="_ftn13">[13]</a> In August Propam ordered that Southwest Sulawesi Police Chief Brigadier General Edhy Susilo be removed from his position following a disciplinary hearing on sexual harassment charges. On September 16, the provincial chief of police in East Kalimantan, Inspector General Djosua Sitompul, was removed from his position on suspicion of involvement in illegal logging.<br />On September 26, the South Jakarta District Court found Brigadier General Ismoko guilty of receiving bribes and sentenced him to 20 months in prison. In the same case, Commissioner General Suyitno Landung, the former head of the Criminal Investigation Division and an instructor at the National Institute of Defense, was arrested in December 2005 on suspicion of accepting bribes. On October 10, Landung was sentenced to 18 months in prison. He is the highest-ranking police official to be jailed for corruption.<br />On December 4, Senior Commissioner Erick Bismo, the deputy police chief in Rembang, Central Java, was removed from his position for allegedly beating 26 subordinates.<br /><br /><a title="" style="mso-footnote-id: ftn14" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref14" name="_ftn14">[14]</a>- The total cases number of 253 come from taking 17 cases (found by the CHR investigated) + 36 cases (of politically motivated arrests) +200 cases (The TFDP and the NGO Philippine Human Rights Information Center has also estimated)<br /><a title="" style="mso-footnote-id: ftn15" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref15" name="_ftn15">[15]</a> An unknown number of persons, perhaps over 100, were in detention for suspicion of violations of criminal laws concerning national security. Security-related laws were sometimes applied to routine criminal actions to justify long periods of incarceration without trial.<br /><br /><a title="" style="mso-footnote-id: ftn16" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref16" name="_ftn16">[16]</a> There were no reports that police administratively overruled court decisions by detaining exonerated individuals. However, local police reportedly continued to detain persons who had been ordered released by higher authorities. There were no known instances of police being reprimanded or punished for such behavior. The OPG made efforts to encourage compliance with the law regarding detention of suspects but acknowledged that police widely continued to ignore the law's provisions.srinna tyhttp://www.blogger.com/profile/09965821428976989100noreply@blogger.com1tag:blogger.com,1999:blog-3082090175930175990.post-69399087915359137262008-02-02T00:35:00.000-08:002008-02-02T00:37:15.477-08:00Bunthoeun's Paper (Late Submission)<div align="justify">TABLE OF CONTENT<br />Evaluation of Human Rights Violation Related to the Detention of Political Prisoners in China, Vietnam, and Burma.<br /><br /> I. Introduction<br />1-1-Problem definition:<br />1-2-Purpose of this paper:<br />1-3-Methodologies:<br />1-4-What and who are Detention and Political Prisoners?<br /> <br />II. Situations and Causes of Detention of Political Prisoners in China, Vietnam, and Burma<br /><br />1-Situation of Detention of Political Prisoners in China, Vietnam, and Burma<br /> 1-1-China<br /> 1-2-Vietnam<br /> 1-3-Burma<br /><br />2-Causes of Detention of Political Prisoners in China, Vietnam, and Burma<br />2-1-Causes of detention of political prisoners in China:<br />2-1-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities<br />2-1-2- Lack of independence of Judiciary<br />2-1-3- Role of Police and Security Apparatus<br />2-2- Causes of detention of political prisoners in Vietnam:<br />2-2-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities<br />2-2-2- Lack of independence of Judiciary<br />2-2-3- Role of Police and Security Apparatus<br />2-3- Causes of detention of political prisoners in Burma:<br />2-3-1-Disclosing state’s secret, Subversion, Counterrevolutionary and Political Activities<br />2-3-2- Lack of independence of Judiciary<br />2-3-3-Role of Police and Security Apparatus<br /><br />III. III. State’s International Political Rights Obligations:<br /> 1- China's International Political Rights Obligations<br /> 2- Vietnam's International Political Rights Obligations:<br /> 3- Burma's International Political Rights Obligations<br /><br />IV. Analysis:<br /> -Compare China against itself between 2006 and 2007<br /> -Compare China to Vietnam<br /> -Compare China to Burma<br />V. Conclusion:<br />References<br /><br /><br />Evaluation of Human Rights Violation related to the Detention of Political Prisoners in China, Vietnam, and Myanmar.<br /><br />I: Introduction:<br /><br />1-1-Problem definition:<br /><br />The Detention and Human Rights abuses in China, Vietnam, and Myanmar have became chronic and serious diseases in Southeast Asia. The human rights record from the governments remained poor. Records from independent and credible sources reported that, the governments’ officials continued to commit numerous and serious abuses. All freedoms, such as freedoms of religions, assembly, association, political participation, were restricted. <br /><br />The governments used a lot of forms to suppress the rights of their people. In this reason, there are a lots of detainees were detained in the prisons and other places. There are also different kinds of detainees were detained. But, most of the detainees were considered as political prisoners.<br /><br />1-2-Purpose of this report:<br /><br />This report has the purpose:<br />To monitor and evaluate situation of human rights related to the detention of political prisoners between China, Vietnam, and Burma.<br />To find out the strength and the weakness of human rights those countries conducted.<br />To know the similarities and differences between disclosing state’s secret, counterrevolutionary, politically sensitive activities, role of police, security apparatus and so on, those countries conducted.<br />To realize how political prisoners or detainees were detained by those countries.<br /><br />1-3- Methodologies:<br /><br />The methodologies of the comparisons based on the data collection concerned with the detention of political prisoners and human rights violation that those countries committed:<br />-Book reading in library,<br />-Researching on the Website<br />-Human Rights Watch,<br />-Amnesty International,<br />-Office of High Commissioners for Human Rights,<br />-Report from U.S. Department of State…,<br /><br />1-4- What and who are Detention and Political Prisoners?<br />The definition of these terms as the following:<br />Detention is the state of being kept in a place, especially in a prison and prevented from leaving<a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn1" name="_ftnref1">[1]</a>. Anyway, detention generally refers to a state or government holding persons in a particular area, either for interrogation, as punishment for wrong doing, or as precautionary measure while investigating a potential threat posed by those persons.<br /><br />A Political Prisoner<a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn2" name="_ftnref2">[2]</a> is someone held in prison or otherwise detained, perhaps under house arrest, because of their ideas or images is deemed by a government to either challenge or threatens the authority of the state.<br /><br /><br />II. Situations and Causes of Detention of Political Prisoners in China, Vietnam, and Burma<br /><br />As known, China, Vietnam, and Burma are the authoritarian states in Southeast Asia for a long time, as specified in their constitutions. Therefore, situations and causes of political prisoners worsen from time to time.<br /><br />1-Situations of Detention of Political Prisoners in China, Vietnam, and Burma<br /><br />Law prohibits arbitrary detentions of political prisoners and provides the freedoms to people to involve with social movements. But, everything exists in only the papers, but the real practice is not same the paper said. The Intimidation, suppression, harassment, and detention of political prisoners are bad from year to another year. China, Vietnam, and Burma are the focal countries that international communities and UN agencies strongly worried and concerned.<br /><br />1-1- China<br /><br />China has been ruled by the Chinese communist party. It is the key source of its own power. It (CCP) has dominated and ruled China since 1949. CCP also has highest organ for strengthening and enlarging its own power, called National Party Congress (NPC). NPC can elect a Central Committee at every meeting one time for five years and the Central Committee also has annual meeting to select its own Political Bureau and Standing Committees to oversee the party affairs. Moreover, In order to strengthen and maintain its power, Chinese government also changes CCP members in key government posts and strengthen its central committee during each meeting.<br />The situation of human rights violation was very poor. There was a trend towards increased harassment, detention, and imprisonment by government and security authorities of those perceived as threatening to government authorities<a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn3" name="_ftnref3">[3]</a>. Government also adopted measures to control more tightly print, broadcast and electronic media, and censored online content. Freedoms were restricted, suppressed, and harassed. All activists, religious, democratic, and political activists were detained. Government dismissed to hold any political prisoners, asserting that authorities detained persons not for their political or religious views, but because they violate the law, however, the authorities continued to confine citizens for reasons related to politics and religions<a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn4" name="_ftnref4">[4]</a>.<br />1-2-Vietnam<br /><br />Vietnam has operated the Socialist Republic regime, so-called the Socialist Republic of Vietnam. The Socialist Republic of Vietnam is a de facto one-party and an authoritarian state, ruled and controlled by the Communist Party of Vietnam<a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn5" name="_ftnref5">[5]</a> (CPV). The power of ruling party is dominating the other state’s powers-legislative and judicial, similar to China. The separations of power only exist in writing but in practice these powers are mostly in hand of that party. Because of inequality of the power separation, government, especially police and security apparatus under control of government, committed arbitrary arrest and detention to its own people.<br /><br />The situation of human rights violation was very poor as well. There was a trend towards increased harassment, detention, and imprisonment by government and security authorities of those perceived as threatening to government authorities. Government also adopted measures, regulations, and other apparatus to control more tightly print, broadcast and electronic media, freedoms, and other activities. Freedoms were restricted, suppressed, and harassed. All activists, religious, democratic, and political activists were detained.<br /><br />1-3-Burma<br /><br />Burma has been governed or ruled by a succession of highly authoritarian military regimes. Based on the history, Burma looks similar to Vietnam and China. Nowadays, the State Peace and Development Councils (SPDC), led by Senior General Than Shwe, was the country’s de facto government, with subordinate peace and development councils ruling by decree at the division, state, township, ward, and village levels. Military officers get the ultimate power for all levels of the government.<br /><br />Because of these countries are the authoritarian states and powers in the central like this, that why government officials violate the law and continued to confined citizens for reasons related to politics and religion.<br /><br />The government’s human rights record remained poor and unsatisfactory for these countries. Government officials at all the levels continued to commit serous abuses.<br /><br /> The government can do everything including killing, intimidating, arrest, especially, detention of their citizens without warrant from judiciary, etc, under the reason of protection of social order, safety, and stability of the state.<br /><br />Therefore, the situation of human rights violations in China, Vietnam, and Burma worsened. The detainees were imprisoned on charges of religious and political activities. These three countries have increased their controls over political activists<a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn6" name="_ftnref6">[6]</a>. Governments have increased harassment, intimidation, detention, and imprisonment to all activists by using judiciary and role of police and security apparatus, especially for accusation of disclosing state’s secret, Counterrevolutionary and Politically Sensitive Activities, and Counterrevolutionary.<br /><br />2-Causes of Detention of Political Prisoners in China, Vietnam, and Burma<br /><br />Political, democratic activists and other revolutionaries faced serious challenges stemming from detentions the three governments. Governments accused and detained them due to many causes and reasons. So, for realizing the causes of detention of political prisoners in these countries, let’s get to know as the following:<br /><br />2-1-Causes of Detention of Political Prisoners in China:<br /><br />The unlawful detentions remained serious problems in China. The Chinese government claimed that she has to eliminate the unlawful detentions, but that claiming was meaningless, the real practice was different. Law also permits police and security authorities to detain persons without arresting or charging them. Therefore, Chinese government accused citizens for arrests and detentions by different ways, but the main allegations for detentions are disclosing state’s secret, subversion, counterrevolutionary, politically sensitive activities, lack of independence of judiciary, and role of police and security apparatus.<br /><br />2-1-1-Disclosing State’s Secret and Subversion, Counterrevolutionary and Politically Sensitive Activities:<br /><br />Conviction on charges of leaking state secrets and subversion continue to result from vaguely-worded state security and state secret laws.<br /><br />The secret was a directive banning journalist from reporting on the presence of overseas dissidents seeking to commemorate the fifteenth anniversary of the Tiananmen massacres.<br /><br />Related to state’s secret and subversion include freedom of expression, speech, and publication of information and press and so on. Actually, law provides for freedom of speech and press in paper-writing, but in the real practice, government did not respect these rights and continued to detain or imprison many individuals for exercising rights to free expression. Government tried to suppress and control the Internet essayists, journalist, print, broadcast, and electronic Medias tightly and used propagate government views and CCP ideology. All media were under explicit orders to follow CCP directive and public opinion. These orders limited the freedoms of reporting the news to the public. Government officials said that if the Medias published without permissions from government, they could undermine state’s policy, state’s prestige and suffer social orders.<br /><br />For these reasons, the government officials used civil lawsuit to harass and used other punishment to intimidate authors, editors who published materials that criticized government and affect government policy. Moreover, there were also foreign correspondents and newspapers, radios were also restricted and arrested. The authorities have banned Tibetan-language broadcasts of Voice of America (VOA), Radio Free Asia, and BBC etc not to broadcast domestically and internationally.<br /><br />The Ministries of Information and Public Security banned and monitor all access to internets and its use. They interpreted that dissemination of information without permission from government can be subversive and slanderous to the state, especially endanger national security. There were a lot of authors, editor, Internet essayists, correspondents were imprisoned on charges of leaking state’s secret and subversion.<br />Shi Tao was sentenced to a ten years prison term in April 2005 for leaking state secret abroad.<br />In September, Zheng Yichun was sentenced to a seven-year prison term for incitement to subversion.<br />Ning Xianhua, labor activist and political organizer sentenced 12 years imprisonment on charges of subversion.<br /><br />Anyway, those who disclosed the state secret and subversion were accused of involving with counterrevolutionary and political activities and considered as political prisoners and need to be detained<a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn7" name="_ftnref7">[7]</a>. The actions are regarded as counterrevolutionary and sensitive activities depend upon subjective perspective or interpretation of the evidence.<br /><br /><br />Western NGOs estimated that approximately 500 persons remained in prisons for the repealed crime of counterrevolution and thousands of others were serving sentences under the state security law, which the authorities’ state covers, crimes similar to counterrevolution. But, credible sources said that tens of thousands of political prisoners remained confined, some in the prisons and others in reeducation through-labor camps or administrative detentions.<br /><br />The followings are the key activists imprisoned in China on charges of disclosing state secrets and subversion, Counterrevolutionary, Politically Sensitive Activities. They are:<br />-He Zhaohui convicted of illegally providing state secrets or intelligence to oversee entities by Chenzhou Intermediate People’s Court,<br />-Led Sichuan unit of China Democratic Party (CDP) convicted of subversion by the Dazhou Intermediate People’s Court,<br />-Hu Shigen, founding member of China Free Labor Union and other 15 activists convicted of organizing and leading a counterrevolutionary propaganda and incitement by Beijing Intermediate People’s Court to 20 years’ imprisonment,<br />-Kong Youping, 55 years, was convicted of subversion at his trial and sentenced to 15 years imprisonment.<br />-Abidjan Obulkasim, a Vighur student imprisoned in 1995 on charges of counterrevolutionary activists died in prison, of tuberculosis.<br />-Qin Yongmin, Democracy activists, Hua Di, Wang Sen and He Depu, internet writers.<br />Besides the prominent political dissidents mentioned above, there were also thousands of others serving sentences under security law and related to religious practices, counterrevolution, and China’s anti-subversion, accused and detained in the Tibetan Autonomous Region (TAR).<br /><br />Report in 2004 and 2005, there were approximately 50 political prisoners remained in TAR prison in Lhasa, and most serving sentences on charge of counterrevolution. Under China’s anti-subversion laws persecuted political prisoners as counterrevolution crimes.<br /><br />According to the report from PPD estimates that nearly 70 Tibetan Political prisoners were imprisoned in TAR, nearly 35 in Sichuan province, fewer than 15 in Qinghai province, and 6 in Gansu. The overall number of Tibetan Political prisoners in Tibetan areas dropped to 117 from 145 in 2004 and 2005. There were 117 Tibetan Political prisoners and 65 of them were monks.<br /><br />All the prisoners related to disclosing state’s secret and subversion, counterrevolutionary and political activities were detained, violated by the government authorities. They have no access for international humanitarian organizations to visit.<br /><br />2-1-2-Lack of independence of Judiciary<br /><br />The independence of judiciary is a very important tool in democratic societies to provide justice to people. It sensitizes people to joint the social activities and political participation. The judiciary is closely interrelated with government. If government is not a democratic one, then judiciary is only the tool to serve for that government’s power. In case of China as an example, China is one-party-state and ruled by Chinese Communist Party and an authorization state. China has no independent judiciary.<br /><br />China’s judiciary has the source from USSR<a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn8" name="_ftnref8">[8]</a>. The judiciary has the Supreme People’s Court that is considered as the highest judicial organ that has the Supreme People’s Procuratorates to control the administration of justice in the basic people’s court and people’s tribunals (court of first instance), intermediate people’s courts and higher people’s court.<br /><br />The separation of power is not equally weighted. The legislative and judiciary are under control of executive branch. Therefore, judiciary is only mean to sustain government’s power. China used judiciary to suppress its people to political participation. If one dares to involve with politics, he/ she has been arrested and detained. <br />Therefore, there were a lot of political dissidents and democratic activists were detained by lack of independence of judiciary in China.<br /><br /><br />2-1-3-Role of Police and Security Apparatus<br /><br />In China, the Security apparatus has been playing an important role to strengthen the government’s power. It is made up of the Ministry of State Security and the Ministry of Public Security, and its lowest organizational units are public security stations. These kinds of security apparatus have different roles and responsibilities in China, but the same purposes are to strengthen government’s power.<br /><br />- The Ministry of State Security:<br /><br />It is responsible for the security of the state through effective measures against enemy agents, spies, and counterrevolutionary activities designed to sabotage or overthrow China’s socialist system. This ministry was empowered by counterrevolutionary crime statutes. It also performed its operation and duty to collect both domestic and foreign intelligences.<br />All activities related to counterrevolutionary and political activities were arrested and the arrests on charge of revealing state secrets, subversion, and common crimes have been committed by authorities to suppress political dissidents and social advocacy.<br /><br />- The Ministry of Public Security:<br /><br />It includes the People’s Armed Forces, the People’s Liberation Army (PLA), and the state judicial, pro-curatorial, and penal systems.<br /><br />It performed its roles to oversee all domestic police activities in China and to be responsible to police operations and prisons. Moreover, it dedicated departments for internal political, economic, and communication security.<br /><br />- The lowest organizational units:<br />It maintains close-day-to-day contact with the public.<br />2-2- Causes of detention of political prisoners in Vietnam:<br /><br />The activities of unlawful, arbitrary arrest, detention, killing, and deprivation of life were worsened even law prohibits these kinds of actions. Law cited only in the paper, the practice is different from legal senses. Therefore, Vietnamese government accused citizens for arrests and detentions by different ways, but the main allegations for detentions are disclosing state’s secret, subversion, counterrevolutionary, politically sensitive activities, lack of independence of judiciary, and role of police and security apparatus.<br /><br />2-2-1-Disclosing state’s secret and Subversion, Counterrevolutionary and Politically Sensitive Activities:<br /><br />Conviction on charges of leaking state secrets and subversion in Vietnam is still a serous problem to people, especially religious, political activists, editor, publishers, writers, and information correspondents and so on. It looks like in China, government used the terms “state’s secret and subversion” to ban, restrict, and detained people.<br /><br /> Those who release publishing, broadcast information even real information that affects the government, those were alleged “state’s secret and subversion”. Law provides freedom of expression, speech, but, governments restricted these freedoms in practice, particularly with respect to political and religious speech.<br /><br />Government attempted to control and ban public access to the Internet and blocks websites considered objectionable or politically sensitive. The government established an office to monitor the Internet for unauthorized use and criminal contents including disseminating state secrets. There were several dissidents were imprisoned for the accusation of national security. They include Pham Hong Son, who is serving five years of imprisonment, Nguyen Khac Toan, serving 12 years after being arrested in an Internet café’, where he allegedly vilified government officials in emails sent abroad, and Nguyen Vu Binh, a journalist who was sentenced to seven years of imprisonment for criticizing the government.<br /><br />In February 2007, several hundreds ethnic Khmer (Khnown as Kampuchea Krom) Buddhist Monks in Soc Trang province peacefully demonstrated for religious freedom. Police dispersed and arrested protest leaders, with five sentenced to prison in May for accusing public disorder.<br />In June the Ven. Tim Sakhon , a Kampuchea Krom Monk from Cambodia, was imprisoned in Vietnam on charges of undermining national unity after being defrocked and deported by Cambodian authorities. Other religions seemed to be similar.<br />The state’s secret and subversion, counterrevolutionary and politically sensitive activities were used to suppress all activists not to involve in social movements.<br /><br />2-2- 2-Lack of independence of Judiciary<br /><br />The judiciary in Vietnam is not absolutely different form China’s judiciary. Vietnamese government uses judiciary as for tool to sustain the power. Those who want to change the government; they will be faced trial from the court. All freedoms were restricted and banned by the court. In Vietnam, the highest court is considered as the Supreme Court, whose members are appointed by the National Assembly. Besides this court, it has local people’s court at each administrative level.<br /><br />Every level of the court, both national and local, was appointed by NA as well. The separation of power between executive, legistlative, and judiciary was not equalized. Legislative and judiciary are under control of the executive, SRV. In this reason, judiciary is not independent, it is dependent on SRV regime only, that why religious, democratic, and political activists strongly faced challenge in their movements. They were imprisoned and detained in prisons, reeducation labor camps, and house arrests without trial or warrant from the courts.<br /><br />2-2-3-Role of Police and Security Apparatus<br /><br />The Vietnamese government has the Ministry of Public Security (MPS) to control everything, especially internal security happening in the country. This ministry (MPS) controls the police, a special national security investigative agency, and other internal security units.<br /><br />It also controls and maintains a system of household registration, especially checking all the activities of those suspected of engaging in unauthorized political activities. <br />However, The Vietnamese government has the police organizations that exist at the provincial, district and local levels.<br /><br />All the levels made collaboration with the involved ministry, such as ministry of justice, ministry of foreign affair, and so on aiming at stabilizing national security, public orders, and strengthening its own power.<br /><br />2-3- Causes of Detention of Political Prisoners in Burma:<br /><br />In Burma, democratic and political activists and counterrevolutionaries met dangerous challenges from detentions. Government found out different means to crackdown against those activists both legitimately and illegitimately. There are a lot of reasons that government detained them. These reasons are similar to China and Vietnam, because these countries are brothers with each other. They practiced similar governmental systems, judiciary, and other punishments.<br /><br />In short, the reasons were considered for detentions are: disclosing state’s secret and subversion, counterrevolutionary and politically activities, lack of independence of judiciary, role of police and security apparatus.<br /><br />2-3-1-Disclosing state’s secret, and Subversion, Counterrevolutionary and Politically Sensitive Activities:<br /><br />The SPDC continues to restrict all opposition political activities and to persecute democracy and human rights activists. Those were accused for disseminating the information, publication press, news that vilified the government’s prestige. Moreover, they were alleged for wanting to overthrow the government. The freedoms of press, association, demonstration, religious practice, political participation were restricted, banned without fear from the criticism of international communities.<br /><br />Almost all offices of pro-democracy and ethnic nationality political parties remain closed, except headquarters in Rangoon has been put under heavy surveillance. In July 2005, 249 political prisoners were released, but the detention and arrests have been conducted continuously. More than 1100 people are currently imprisoned for their political beliefs, while Daw Aung San Suu Kyi continues to be held in virtually solitary confinement without access to newspapers, telephones, or any correspondence.<br /><br />The continued detention of the leaders of the party that won the last election in Burma shows how the Military junta is fearful of political dissidents striving for democracy. In May 2006, the detention order for Aung San Suu Kyi was extended by a year. Today, Burmese government is holding more than 1,000 known political prisoners held in dozen prisons and almost 100 labor camp through the country. Many are held in separate conditions and tortured by prison and military authorities.<br /><br />Burma’s military government is using its detention and harassment of political activists to smooth the way toward writing a new constitution that would allow it to stay in power. Moreover, Burma’s leaders are trying to make the public and the world community forgets that there are Many Burmese voices demanding political change.<br /><br /><br /><br />2-3-2- Lack of independence of Judiciary<br /><br />Burmese judiciary was adapted by British Style<a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn9" name="_ftnref9">[9]</a>. Burma’s judiciary has the councils of people’s justice are elected by the National Assembly and the Council of State, which coordinate relations between central and local levels of government. Peoples’ Court function at all levels, with jurisdiction over both civil and criminal cases.<br />Judiciary and government are combined together at aiming to strengthen its own power in the country. Opposition political figures, religious, democratic activists were arrested under the detention orders form the court.<br /><br />Government used court as the means to intimidate, suppress those who dare to against government. Nowadays, religious, liberal, and political activists fled to stay at the neighboring countries, such as Thailand, Lao, and so on, because of the court make intimidation. Besides those who did not flee to other, they faced serous challenge for imprisonment. For example, in February , 2005, the SPDC arrests nine leaders of the Shan Nationalities League for Democracy (SNLD), led by Hkun Tun Oo, the party that gained the Second-highest numbers of votes in the 1990 elections. As a result, the party leaders were arrested and outlawed. In secret trail, all the leadership was sentenced to life imprisonment with terms of 97 years.<br /><br />2-3-3- Role of Police and Security Apparatus<br /><br />The Police are auxiliary forces of the military and are under direct demand of military officers. They primarily deal with common crimes and not handle political crimes. The Myanmar police forces fall administratively under the Ministry of Home affair.<br /> <br />MSA officers and Police officers are responsible for detaining persons suspected of political crimes that perceived to threaten the government. Once a person is detained , MSA officers , or in some cases SB officers , take the prisoner to MSA regional interrogation centers, where MSA officers interrogate individual for a period ranging from hours to months and can change the person with a crime at any time during the interrogation.<br /><br />Police frequently placed a hood on those accused or suspected of political crime upon arrest. By the law warrants for searches and arrests are required, however, MSA and police have special authority to conduct searches and make arrests at will.<br /><br /><br />III. State’s International Political Rights Obligations:<br /><br />On 16 December 1966, General Assembly of United Nations had adopted the International Covenant on Civil and Political Rights (ICCPR). Ten years later, (ICCPR) took effect in 1976 for all nations as state parties to respect. So, this Right has been guaranteed by international law for human beings. Each state has obligations to respect and provide political rights to individuals in its own territory.<br />1- China's International Political Rights Obligations<br />China received a seat in UN in 24 October, 1945 and China is a permanent member of UN Security Council. In this reason, China is legally bound to respect the human rights treaties it has ratified. Sometimes, it is so hard to mobilize China to respect the political rights as well, because under traditional principles of international law articulated that “without ratification by a state, a treaty may not be enforced against that state unless the treaty codifies customary international law”. Currently, China has signed, but not ratified, the International Covenant on Civil and Political Rights (ICCPR).<br />China's obligations under the ICCPR are less coherent because the state has signed but not yet ratified the convention. Under international law, China may only be legally bound by the ICCPR if the rights contained in the treaty codify international customary law. The act of signing the treaty is nonetheless significant in terms of state obligations. According to the general principles of international law, the act of signature means China must refrain from any actions that would run counter to the object and purpose of the treaty until it has made clear its final intentions with regard to the treaty. Thus, by signing the treaty, China has an obligation to respect the rights guaranteed to its citizens under the ICCPR.<br />Under Article 2 of the ICCPR, each state party is obligated to recognize the rights of all individuals within its territory and subject to its jurisdiction, regardless of race, color, sex, language, religion, political or other opinion, and national or social origin. <br />The ICCPR guarantees each person the right to life (Article 6); the right to be free from torture or cruel, inhuman or degrading treatment or punishment (Article 7); the right not to be subjected to arbitrary arrest or detention, and the right to be informed, at the time of arrest, of the reasons for his arrest" (Article 9); the right to be taken before a judge or magistrate (Article 9); the right to a fair trial (Article 14); the right to freedom of expression (Article 18); and the right to enjoy his own culture and practice his own religion (Article 27).<br />China's behavior toward the Uighurs violates many of the ICCPR's fundamental principles. Arresting and detaining the Uighurs for peaceful demonstrations and religious, cultural, and political expression, clearly violates the ICCPR. Because the fear of a separatist movement is so great, the government regularly imprisons anyone remotely suspected of political activity. Religious activism, which Chinese authorities consider to be a political activity, is also a target of government repression. The Chinese government believes that such religious activities might fuel the movement for political independence. As such, no Uighurs in the XUAR seems to be free from the government's accusations.<br />In addition to China's obligations under international human rights law, China's practices and policies in the XUAR do not conform to its domestic legal obligations. The 1997 amendments to China's Criminal Procedure Law were designed to provide greater access to legal counsel, to abolish a regulation permitting summary trials in certain cases involving the death penalty, and to provide for notifying the detainee's family within 24 hours of arrest and detention. The Chinese police forces, however, continue to detain individuals without providing access to lawyers, and many trials continue to be conducted in secrecy. Many of the prisoners are not even charged with a specific crime. In direct violation of international and domestic law, the Uighurs continue to be held as political prisoners, denied judicial guarantees, tortured, and arbitrarily executed.<br /><br /> 2-Vietnam's International Political Rights Obligations:<br /><br />Vietnam is also a member of United Nations. Vietnam received a seat in UN on 20 September, 1977. Therefore, Vietnam is also legally bound to respect human rights as China. Under the International Charter and Covenants on Civil and Political Rights (ICCPR), Vietnam has obligations to respect human rights because Vietnam is a state party, and its 1992 Constitution, which states in Articles 69 and 70:<br />The citizen shall enjoy freedom of opinion and speech, freedom of the press, the rights to be informed, and the rights to assembly, form association and hold demonstrations in accordance with the provisions of the law.<br /><br />Article 19 of the ICCPR provides for the rights of freedom of expression, but, Vietnam’s law on Publication strictly bans publications that oppose the government, divulge state secrets, and disseminate reactionary ideas.<br /><br />According to the Vietnam’s Press Law articulate that all Medias serve only the voice of the government. There is no private media channel.<br /><br />Based on the Articles 21 and 22 cited that, ICCPR recognizes the rights of peaceful assembly and association with others. Furthermore, Article 14 of ICCPR also articulated that “no one shall be subjected to arbitrary arrests or detention.<br /><br />So, based on these articles mentioned above, political participation opened fully to people to joint all political activities and Vietnam has full obligation to guarantee these rights and freedom as state-party in the UN.<br /><br /> 3-Burma's International Political Rights Obligations<br /><br />Actually, Burma received membership in UN on 19 April, 1948. As mentioned, state-party in the UN has obligation to respect the human rights, especially political rights. Under the Covenant on Civil and Political Rights, Article 14 cited that “no one shall be subjected to arbitrary arrests and detention”, but Burmese government did not respect this covenants of ICCPR at all.<br />Moreover, government did not allow domestic political rights organization to function independently and became hostile to outside scrutiny of its human rights record<a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn10" name="_ftnref10">[10]</a>. Mr Ibrahim Gambari , Under Secretary General for Political Affairs requested government to address human rights concerns and expand dialogue with opposition party, but his request was dismissed. Many international NGOs and UN agencies reported government increased pressure to curtail their activities and access by international personnel became more difficult.<br /><br /><br />IV. Analysis:<br />-Compare China against itself between 2006 and 2007<br /><br />China, under control of CCP, committed serious violations to the political prisoners. China ignored everything; even China is one of member-states of UN and ratified the international political covenants, treaty, and ICCPR. Chinese government has not fulfilled its obligations under these covenants and treaties. However, members of U.N called for China stopping that violation and respect the domestic and international human rights law especially provide all freedoms to the people, but China did not follow.<br /><br />Furthermore, China declined to consider respecting those rights and continued to violate stronger and stronger form one year to one year. For example, Chinese government increased to arrest and detain political prisoners and dissidents. Number of political prisoners were detained was higher.<br /><br />So, the situation of human rights violations in China worsen and political prisoners faced serous challenges comparing years 2006 and year 2007. Year 2007, the numbers of political dissidents were detained higher than year 2006.<br />Figure of Political Prisoners were detained Year 2006 and 2007 are not fixed because there are a lots of sources to reveal this figure, but just clarifying that the figures of political prisoners are increased in the year 2007. Therefore, situation of detention of political prisoners is increased if comparing 2006 and 2007.<br /><br />-Comparing China to Vietnam<br /><br />But if we compare with Vietnamese governments, Human Rights violations in China is still better than Vietnam. Because China is a big country and has more population than Vietnam, and the levels of beating, punishment, and detention of political prisoners is not cruel as Vietnam. While, Freedoms of expression, speech, assembly, religions is more open than Vietnam. Furthermore, the situation in Vietnam at the Central Highland, Khmer Kampuchea Krom revealed clearly to the international communities as examples.<br /><br /> The figures of Khmer Kampuchea Krom both live in Kampuchea Krom and live in Cambodia were intimidated, harassed, and detained without fear and worry from the criticism from International Communities. Political dissidents and prisoners were killed in prison. Some Buddhist Monks, who escape from Vietnam to live in Cambodia, were killed by the authority backed by Vietnamese government.<br /><br />The activities of intimidation, harassment, detention, and killing happened not only in Vietnam itself, but also other countries. The influence of international cooperation and diplomatic of SRV has influenced to others countries as well. Democratic, religious, and political activists were extradited to Vietnam for arrest and detention. So, activities of human rights violations in Vietnam are bad in comparing in China.<br /><br /> -Compare China to Burma<br /><br />To the situation of human rights violation in Burma revealed clearly that it is dangerous and worse in comparing in China. Police and security apparatus of the government committed very cruelly, such as suppressing demonstration, intimidating, and harassing people and Buddhist monks not to make demonstration and others political movements.<br /><br />Thousands of people and Buddhist Monks, especially democratic activists were suppressed and detained by the government. Freedoms including religious and political freedoms etc were violated<br /><br />Furthermore, political activists both ordinary people and Buddhist monks run to live in the neighboring countries, such as China, Thailand and so on. The rests of them who are still living in the country were arrested, intimidate, and made surveillance by the police and security apparatus everyday. All freedoms were restricted due to national order and security –reasons and accusation of violation the constitution and the law. They were detained in the prison not conformity with the international charter and Human Rights Declaration related civil and political rights (ICCPR) that Burma himself ratified.<br /><br />Moreover, the International Community, Human Right Watch, and the Amnesty International strongly worried the situation of human rights violation in these countries. Most countries around the world and International Human Rights GNOs condemned and criticized Burma about the activities of human rights violation, but Burma ignored and flouted those organs. So, these activities showed that, “Human Rights Respects in Burma is bad comparing in China.<br /><br />V. Conclusion:<br /><br />In short, countries mentioned above have similarities between political systems, judicial systems and the kinds of detentions of political prisoners. Those countries are the authoritarian states as the same.<br /><br />Those countries have the law that provides freedom of expression, assembly, religious services; especially political participation to the people, but in the real practice was different what law said.<br /><br />The situations of the detention political prisoners committed by governments and the police and security apparatus have not improved yet. The problems detentions of political prisoners are not only for Chinese, Vietnamese, and Burmese people, but also the problems of people around the world. So, these three countries should change their behavior to provide freedoms, especially political freedoms to people. Furthermore, international communities and ASEAN countries should sanction and should not back these countries to respect the international charter and civil and political covenants that were signed in the United Nations.<br /><br /><br /> <br /> <br /><br /><br /><br /><br />References<br />-WORLDMARK Encyclopedia of the Nations,<br />-http//www.fva.org/1298story09.htm,<br />-http//en.wikipedia.org/wiki/Political-prisoner,<br />-<a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78768.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78768.htm</a>,<br />-http:www.laborrghtsnow.org/chinaprisoner.html<br />-Human Rights and Its Evaluation compiled by Stan Starygin<br />-http://hrw.org/English/docs/2006/07/12/vietnam13728.htm<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref1" name="_ftn1">[1]</a> Oxford Advanced Learning Dictionary<br /><a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref2" name="_ftn2">[2]</a> <a href="http://en.wikipedia.org/wiki/Political-prisoner">http://en.wikipedia.org/wiki/Political-prisoner</a> and Wikipedia, the free encyclopedia<br /><a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref3" name="_ftn3">[3]</a> http://usinfo.state.gov/dhr/Archive/2006/Mar/10-815538.html<br /><a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref4" name="_ftn4">[4]</a> http: www.ecoi.net/189077::315795.8250...mr/political-af...1/17/2008<br /><a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref5" name="_ftn5">[5]</a> The Vietnamese Communist Party is the political successor to the Indochinese Communist Party, created in 1930 and formally dissolved in 1945. From 1945 until 1951, the party operated in clandestine fashion, until it emerged once more as the Vietnamese Workers’ Party at the Second National Congress in 1951. The Party assumed its current name in 1976, shortly after the unification of the country into Socialist Republic of Vietnam. For more details, you can see at the World-Mark of Encyclopedia of the Nations.<br /><a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref6" name="_ftn6">[6]</a> According to the State Department ‘s latest country reports on Human Rights Practices issued by Washington<br /><a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref7" name="_ftn7">[7]</a> Government claimed that the counterrevolutionary and political prisoners were also eligible for parole and early release on an equal basic with other prisoners but provided no evidence to support this assertion<br /><br /><a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref8" name="_ftn8">[8]</a> For more details , you can see at worldmark encyclopedia of the nations, Asia and Oceania<br /><a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref9" name="_ftn9">[9]</a> For detail information about Burma’s judicial system, please see the Worldmark of Encyclopedia of the Nations, page 46.<br /><a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref10" name="_ftn10">[10]</a> For the detail information, please at http://www.state. gov/g/drl/rls/hrrpt/2006/78768.htm</div>Stan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.com3tag:blogger.com,1999:blog-3082090175930175990.post-72897343748665166822008-02-01T09:06:00.000-08:002008-02-01T09:10:04.790-08:00Evaluation of Human rights situation regarding torture practices in Cambodia, Thailand and SwedenCONTENTS<br /><br />Chapter 1-Introduction<br />1.1.Overview of torture<br />1.2.Objective of paper<br />1.3.Methodology<br />1.4.Definition of torture<br /><br />Chapter 2-Legal instrument prohibits torture<br />2.1.International human rights law prohibits torture<br />2.2.Adherence to international human rights treaties and the domestic law<br /> 2.2.1.Cambodia<br /> 2.2.2.Thailand<br /> 2.2.3.Sweden<br /> <br />Chapter 3-Factors caused torture<br />3.1.The non-independence of judiciary<br />3.1.1.Cambodia<br /> 3.1.2.Thailand<br /> 3.1.3.Sweden<br />3.2.Government lacks political will to combat torture<br /> 3.2.1.Cambodia<br /> 3.2.2.Thailand<br /> 3.2.3.Sweden<br /><br />Chapter 4- Analysis<br />4.1.Compare Cambodia against itself between 2004 and 2006<br />4.2.Compare Thailand to Cambodia<br />4.3.Compare Sweden to Cambodia<br /><br />Chapter 5- Conclusion<br /><br />References<br /><br /><br /><br /><br /><br />Chapter 1-Introduction to torture<br /><br />1.1.Overview of torture<br />Torture is the serious and gravest crimes that have been occurring in many countries. It is protected by the ways of silence from the victim and the denial from the responsible perpetrator. In most cases of torture, the perpetrators do not admit it and they have always take measures to avoid leaving evidence. Victims are frightened and traumatized, and they often don't want to reveal the experience they had gone through or to file legal complaint against the perpetrators. Government in most cases, finds its way to cover up torture. To take step to reduce and prevent torture is to prosecute the perpetrators, of which the judiciary must be independence and the government has to have political will to combat torture.<br /><br />1.2.Objective of paper<br />The paper aims at comparing the situation of torture of three constitutional monarchy countries, Cambodia, Thailand and Sweden, by choosing Cambodia to be the based country of comparison with the country with good human rights record, Sweden and a neighboring country which has a record of level of bad human rights record, Thailand. The paper will also explore what the effective ways that Cambodia can take from Sweden to combat torture practices in her countries.<br /><br />1.3.Methodology<br />The comparison and the analysis of this paper is based on the secondary data taken mainly from the report of U.S. Department of State, Human Rights Watch, Amnesty International, OHCHR and relevant NGOs report. Also from direct reading of the relevant domestic laws and international human rights laws. The style for citation is MLA.<br /><br />1.4.Definition of torture<br />Torture is the infliction of intense pain to the body or mind to punish, to extract a confession or information, or to obtain sadistic pleasure.<a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn1" name="_ftnref1">[1]</a><br /><br />The definition of torture is explained in article 1 of the <a href="http://www.unhchr.ch/html/menu3/b/h_cat39.htm">Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment</a> (Convention against Torture). The article states that "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”<br /><br />Under this definition of Convention Against Torture, not all pain or suffering is considered to be torture. There have to be elements which required that the pain or suffering must be intentional or systematic, and not the pain from accidental and lawful sanction. The pain or suffering must be committed by a public official such as the police and prison officials, and for the purpose to get information or force confession, inflict punishment, intimidate, coerce or for any reason based on discrimination of any kind.<a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn2" name="_ftnref2">[2]</a><br /><br />Chapter 2-Legal instrument prohibits torture<br /><br />2.1.International human rights law prohibits torture<br />Torture and other cruel inhuman or degrading treatment or punishment are prohibited under the Covenant on Civil and Political Rights of 1966, article 7 and article 10<a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn3" name="_ftnref3">[3]</a>. The <a href="http://www.un.org/Overview/rights.html">Universal Declaration of Human Rights</a>, article 5<a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn4" name="_ftnref4">[4]</a> also prohibits torture. The Convention Against Torture, which was adopted by the General Assembly of the United Nations on 10 December 1948 reaffirms the prohibition of torture and provides additional safeguards to ensure that torture and similar practices cannot occur, and that the state party to the convention take measures to prevent anyone under their control from committing torture.<br /><br />The prohibition of torture is further reiterated in article 37 (a) of the Convention on the Rights of the Child, article 10 of the Convention on the Protection of the Rights of all Migrant Workers and Members of their Families and article 15 of the Convention on the Rights of Persons with Disabilities.<a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn5" name="_ftnref5">[5]</a><br /><br />Torture is universally condemned, and whatever its actual practice, no country publicly supports torture or opposes its eradication. The prohibition against torture is well established under customary international law as jus cogens; that is, it has the highest standing in customary law and is so fundamental as to supercede all other treaties and customary laws (except laws that are also jus cogens). Criminal acts that are jus cogens are subject to universal jurisdiction, meaning that any state can exercise its jurisdiction, regardless of where the crime took place, the nationality of the perpetrator or the nationality of the victim.<a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn6" name="_ftnref6">[6]</a><br /><br />2.2.Adherence to international human rights treaty and the domestic law<br /><br />2.2.1 Cambodia<br />Cambodia has ratified six major human rights treaties, including International Convention on Civil and Political Rights, Convention Against Torture, Convention on the Elimination of All Forms of Discrimination Against Women, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, and Convention on the Rights of the Child.<a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn7" name="_ftnref7">[7]</a> The Cambodia constitution, article 31 recognizes and respect for the human rights as set out in the UN Charter, the Universal Declaration of Human Rights, and the covenant and convention related to human rights, woman’s rights and rights of the child. In addition to article 31 of the Cambodia constitution, article 38 specifically prohibits torture and other ill treatment and determined that the confessions obtained through torture is not admissible as evidence of a guilt. The same article requires that the officials responsible for torture be punished. Despite the amounts of human rights instruments it has ratified, the government has not fulfilled its report obligation. Regarding the Convention Against Torture, Cambodia has submitted the initial report only after the nine-year delay in its submission and the paucity of information on the practical enjoyment of the rights provided in the Convention.<a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn8" name="_ftnref8">[8]</a><br /><br />2.2.2.Thailand<br />Thailand has acceded to four major human rights treaties, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), and the Convention on the Rights of the Child (CRC)<a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn9" name="_ftnref9">[9]</a>. Section 31 of the 1997 constitution provides for the Thai people to enjoy the right and liberty in his or her life, and not to permit torture, brutal act, or punishment by a cruel or inhumane means, thought the punishment by death penalty as provided by law shall not be deemed the punishment by a cruel or inhumane means under this paragraph.<a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn10" name="_ftnref10">[10]</a> However, the torture has continued and the police tortured and beat suspects to extract confessions. Although the constitution was revoked following the September coup d’etat in 2006 and announced martial law, it was maintained that the interim constitution still have the references of the protections incorporated from the 1997 constitution and specific laws pertaining to prohibition of torture and other cruel, inhuman, or degrading treatment remain in force. Though, there was no confirmed reports of torture during the period of martial law<a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn11" name="_ftnref11">[11]</a>. Despite its willingness in ratified the human rights treaty, the government has not fulfill its report obligation. Regarding to the ICCPR, which also prohibits torture, Thailand has submitted its initial report after more than six years delay.<a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn12" name="_ftnref12">[12]</a><br /><br />2.2.3.Sweden<br />Sweden has ratified most of the UN instrument involving human rights and other regional instruments, in particular it ratified all the seven key human rights treaties.<a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn13" name="_ftnref13">[13]</a> Sweden has also fulfilled its reporting obligation under the international human rights law. Human rights are primarily protected through three Constitutional laws, the Instrument of Government, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. Responsibility for ensuring the non-violation of human rights rests with the government.<a title="" style="mso-footnote-id: ftn14" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn14" name="_ftnref14">[14]</a><br /><br />Chapter 3-Factors caused torture<br /><br />3.1.The non-independence of judiciary<br />3.1.1.Cambodia<br />The constitution provides for an independent of judiciary, but the judiciary is subject to be interfered by the government and political influence. The courts-widely viewed as corrupt, incompetent and biased, and continued to be used to advance political agendas, silence critics, and strip people of their land.<a title="" style="mso-footnote-id: ftn15" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn15" name="_ftnref15">[15]</a> The lack of independence and integrity of the judiciary, the prosecutorial authorities, and the legal profession pose a fundamental threat to human rights. Ministers and senior government officials enjoy wide immunities for breaches of the law, while innocent people become, at the instigation of the Government, the victims of the legal system. Thus, far from protecting human rights, the legal system becomes a principal agency of oppression.<a title="" style="mso-footnote-id: ftn16" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn16" name="_ftnref16">[16]</a> <br /><br />3.1.2.Thailand<br />The constitution provided for independent of judiciary before the coup of 19 September. However after the coup, the coup leaders repealed the constitution and issued a decree announcing that all courts with the exception of the Constitutional Court would continue to operate as normal. The judiciary was subject to corruption and outside influences although generally, it has been seen as independent. The lack of progress in high-profile cases involving alleged abuse by the police and military make the public lost their trust in the justice system and discouraged victims of human rights abuses from seeking justice<a title="" style="mso-footnote-id: ftn17" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn17" name="_ftnref17">[17]</a>.<br /><br />3.1.3.Sweden<br />The constitution and law provide for an independent judiciary, and the government generally respected this provision in practice. Citizens of Sweden can also file appeal in matter related to the state to the European Court of Human Rights, as it is one of members of the European Union.<a title="" style="mso-footnote-id: ftn18" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn18" name="_ftnref18">[18]</a> According to the report of U.S. Department of State Report, Country report on human rights practices, released by the Bureau of Democracy, Human Rights, and Labor for consecutive years (2004 to 2006) reported no cases of the non-independent court related cases.<br /><br />3.2.Government lacks political will to combat torture<br />3.2.1.Cambodia<br />Cambodia is constitutional monarchy with a population of approximately 13.8 million<a title="" style="mso-footnote-id: ftn19" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn19" name="_ftnref19">[19]</a>. The 1993 constitution provides for the separation of power between the legislative, executive and the judiciary. However, the government, the executive branch dominated and interfered with the latter branches.<a title="" style="mso-footnote-id: ftn20" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn20" name="_ftnref20">[20]</a> The security forces beating and use other forms of physical mistreatment to extract confession from the prisoners. The perpetrators are often treated with impunity. Cases of torture committed by security forces are reported in various reports of local and international human rights organizations.<a title="" style="mso-footnote-id: ftn21" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn21" name="_ftnref21">[21]</a> The government has not taken step to address torture, and a government high ranking official have asserted that torture during interrogation was sometimes necessary to force suspected criminals to provide information. Though, he reported to have retracted his comments following extensive media coverage and criticism.<a title="" style="mso-footnote-id: ftn22" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn22" name="_ftnref22">[22]</a> (see 4.1 below)<br /><br />3.2.2.Thailand<br />Thailand is constitutional monarchy with a population of 65.43 million. In September 2006, Thaksin’s government was overthrow in a bloodless coup by a military leader.<br />Under the administration of Prime Minister Thaksin, there were reports of killings, and torture in the south of Thailand by security force and the insurgents and the introduction of new security legislation<a title="" style="mso-footnote-id: ftn23" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn23" name="_ftnref23">[23]</a>. Based on human rights reports of different institutions, torture practiced by the police and security forces have become a common practice in Thailand, not just in the alleged security threats, but also in the ordinary criminal cases. There is report of torture which are of institutionalized nature and in several cases it approved by senior government officers. There is no political will from the government to combat torture. (see 4.2 below)<br /><br />3.2.3.Sweden<br />Sweden is a constitutional monarchy with a population of over nine million. The king is the largely symbolic head of state. The government heads by prime minister, exercises executive authority. The security forces is effectively control by the civilian authority. In general, the government of Sweden respects the human rights of its citizens. Although there are reports of human rights problems, but the individual instances of abuse are being addressed with the effective means provided under the law and by the judiciary.<br />There were reports of isolated case of torture and ill-treatment committed by police officers, but the responsible police officers had been brought to prosecute or dismiss from the police service. For example, in May 2005, a court convicted two police officers for assault and excessive violence against a 64-year-old man. The court sentenced each of the officers to three-months' imprisonment and dismissed them from the police force. In September authorities initiated investigations against three police officers accused of use of excessive violence during a confrontation near Stockholm in September. The investigations were ongoing at year's end.<a title="" style="mso-footnote-id: ftn24" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn24" name="_ftnref24">[24]</a><br /><br />Chapter 4-Analysis<br /><br />4.1.Compare Cambodia against itself between 2004 and 2006<br />The country report on human rights practice of 2006 of US Department of state cited information from Human rights NGOs LICADHO, which reported that “in the first six months of the year, authorities tortured 96 detainees, of whom 78 were tortured in police custody. Based on interviews with thousands of detainees from 18 of the country's 24 prisons, LICADHO added that kicking, punching, and pistol-whipping were the most common methods of physical abuse, but techniques also included electric shocks, suffocation, caning, and whipping with wire. ADHOC, another NGO monitoring human rights across the country, recorded approximately 150 cases of physical assaults and torture committed by police and military agents”.<a title="" style="mso-footnote-id: ftn25" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn25" name="_ftnref25">[25]</a> Human Rights Watch, 2006 world report described torture continues to be used by police officers in their attempt to extract confessions from suspects in detention. The report went on citing a case happened in a prison in Kompong Cham province, where human rights groups reported torture of prisoners who were believed to be responsible for the prison break.<a title="" style="mso-footnote-id: ftn26" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn26" name="_ftnref26">[26]</a><br /><br />The U.S. Department of state, Cambodia country report on human rights practice of 2005, reported torture continued to be a serious problem in the police custody and in prison. The police or security personnel who were responsible for torture are often protected from prosecution or disciplinary action by local government authority. The report cited an information of torture from a local NGO who monitored 17 prisons provided that during the year of 189 inmates interviewed by the NGO, 25 claimed they were tortured upon their arrival at prison, and 52 others claimed they were tortured while in police custody.<a title="" style="mso-footnote-id: ftn27" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn27" name="_ftnref27">[27]</a> The torture in police custody also reported in the Amnesty International, 2005 Report. The report highlighted an assertion of a high level of police official who told the public that torture during interrogation was some time necessary to force suspected criminals to provide information, though the official retracted his comments following a lot of criticisms.<a title="" style="mso-footnote-id: ftn28" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn28" name="_ftnref28">[28]</a><br /><br />The U.S. Department of state, Cambodia country report on human rights practice of 2004 reported that during the year, there were credible reports that military and civilian police officials used physical and psychological torture and severely beat criminal detainees, particularly during interrogation. A local NGO reported that in interviews with prisoners in 18 prisons, 106 claimed to have been tortured, 65 of this group while in police custody and 41 while in prison. Members of the police and security force who carried out abuse often were protected from prosecution or disciplinary action by local government authorities, despite some central Government efforts to curtail or eliminate violations of prisoners' rights and to address problems of accountability.<a title="" style="mso-footnote-id: ftn29" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn29" name="_ftnref29">[29]</a><br /><br />To compare the reports of the same institution, the U.S. Department of State of non random years and the random year of the report of others organizations, Human Rights Watch and Amnesty International above, the torture practices committed by the police and security forces to extract confession from the prisoners have been practiced in many police custodies and at prisons in Cambodia. The number of torture cases remained high in 2006, though it is slightly different from the previous year by comparing the U.S. Department of State report between 2004 and 2006. From the analysis of the U.S. Department of State reports, Human Rights Watch and Amnesty International of 2004, 2005 and 2006, no perpetrators were reported to have been brought to justice. The perpetrators’ commanders would compromise the case to ensure that the perpetrators were protected against any prosecution for his/her crime. The court, in general has not taken into account the complaint of torture when the accused testifies to it at the court, or just dismisses the charge of torture against the perpetrator. <br /><br />The judiciary is not independent, and suffers from interference by the executive and political influence, and corruption, and this has been reported again and again in all these report of 2004 to 2006.<br /><br />Although Cambodia is a state party to key international human rights treaty, in particular the ICCPR and the Convention against torture, the government has not fulfill its international obligation under these treaties, including its reporting obligation provided under these treaties. There are framework and guidelines from the international human rights law and domestic law for the government to combat torture. However, ther is no political will from the government to translate into action the domestic and international law prohibit torture.<br /><br />4.2. Compare Thailand to Cambodia<br />Police torture which documented by human rights group and legal organizations reported that torture continued with some members of the police tortured and beat suspects to obtain confessions. There are also reports of numerous cases in which citizens accused police of using brutality, threatening with false charges, and extorting bribes. The 2005 report of the Bureau of Democracy, Human Rights, and Labor of U.S. Department of State reported a numbers of torture cases, including a case of five suspects who filed legal complaint against the police torture in March 2004 through their lawyer, Somchai Neelapaichjit to the Ministry of Justice, but the lawyer was subsequently disappeared and was presumed dead.<a title="" style="mso-footnote-id: ftn30" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn30" name="_ftnref30">[30]</a> The same year, Human Rights Watch reported that the police continue to torture detainees, thought there was a commitment from the National Human Rights Commission and the Police Commission to set a step to remedy the situation and to hold officers in command to responsible for torture in their stations.<a title="" style="mso-footnote-id: ftn31" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn31" name="_ftnref31">[31]</a> Another report of the same year of Asian Legal Resource Center reported that torture is routinely practiced by the police in Thailand. The report is based on the largest amount of information on the practice of torture in Thailand with reference to the police. Among the police, torture is practiced both in cases of alleged security threats, and in the ordinary criminal cases. The report raised a particular concern about the types of torture, which went far beyond the day-to-day beatings and conventional roughing-up tactics that persons in Thailand usually associate with the police. The practices of inflicting wounds and electric shocks on sensitive parts of the body suggest the work of seasoned professional torturers. The report also provides cases of torture which are of institutionalized nature and in several cases it approved by senior officers.<a title="" style="mso-footnote-id: ftn32" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn32" name="_ftnref32">[32]</a><br /><br />To compare Thailand to Cambodia, the situation of torture committed by police and security forces in Thailand is more serious giving the fact there is situation of insurgency in the south of Thailand until today. But, torture cases were reported to have committed by the police and security forces not only in the security concerned related cases, but also ordinary criminal cases. There is no available data on number of torture cases from the mentioned report to compare, since those report only focused on various sensitive cases and provide a general overview on torture. However, we can conclude from the nature of cases explained in the mentioned reports that torture in Thailand is more serious than Cambodia at the current stage, taking into account the insurgency in the south of Thailand. The state of judiciary is better than Cambodia in term of its independency. Though, the judiciary of Thailand is also subject to corruption and outside influences. In term of international obligation, similar to Cambodia, Thailand has not fulfill its obligation under ICCPR regarding torture prohibition. Thailand government also has not taken enough step to prevent torture, and allowed the responsible officials to be escaped from justice. Thailand has not serious to comply with the international obligation and the domestic law to combat torture.<br /><br />4.3.Compare Sweden to Cambodia<br />The U.S. Department of State reports on human rights practices of 2006 reported that there were isolated cases that police used excessive force. During the year law enforcement authorities conducted 82 investigations of police officers and charged and convicted nine for crimes, including unlawful threat, causing bodily injury, and procurement and sexual molestation. The investigation of a September 2005 incident in which police were alleged to have used excessive force did not result in prosecutions due to lack of evidence.<a title="" style="mso-footnote-id: ftn33" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn33" name="_ftnref33">[33]</a> The report of the same institution of 2005 mentioned the same situation that there were isolated reports of torture, but the responsible police officers were brought to prosecution and dismissed from the service<a title="" style="mso-footnote-id: ftn34" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn34" name="_ftnref34">[34]</a>. The report of the same institution of 2004 reported that there were no reports that government officials employed officers who committed torture related crimes. During the year, the police officer charged with the 2001 wounding of three protesters was acquitted by the district court.<a title="" style="mso-footnote-id: ftn35" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn35" name="_ftnref35">[35]</a><br /><br />To compare the report of the same institution of non random year from 2004 to 2006, the torture and ill-treatment committed by police officer and security forces in Sweden is very rare. The isolated cases are being addressed effectively, of which the responsible perpetrators were brought to justice, including dismissed from their services.<br /><br />To compare Sweden to Cambodia, Sweden has far ahead of Cambodia in term independence of judiciary, its commitment to international obligation, and the political will to combat torture. The cases of torture have always been addressed effectively in Sweden, by which the responsible perpetrators were prosecuted.<br /><br />Chapter 5-Coclusion<br />Based on the analysis above, cases of torture committed by the police and security forces against the suspects or prisoners in Cambodia remained to be with a high numbers by 2006. The factor that caused torture, include the non independence of the judiciary, and the lack of political will from the government to combat torture. Also, the commitment to ratify many key human rights treaties, but lack commitment to translate it into action has a question mark on the political will of the government to combat torture. There is nothing for Cambodia to learn from Thailand to look into improving the situation regarding torture, as this country also is on the similar track, though the judiciary in Thailand is in a better position than Cambodia.<br /><br />Cambodia can lean a lot from Sweden to combat torture. The main thing is to prosecute the police and security forces who committed torture, as what Sweden has committed to do. As we can see from the many reports that, there is isolated cases of torture happened in Sweden, even though it is a country with a good record of human rights, where the judiciary and state institution are strong in protection their citizens. Without prosecution of the perpetrator, torture will continue to exist and to become a widespread practice. <br /><br />References:<br />· OHCHR Cambodia. Convention Against Torture & Other Cruel Inhuman or Degrading Treatment or Punishment and its Optional Protocol. Phnom Penh: OHCHR. 2007<br />· Human Rights Watch, “The legal prohibition against torture”. Human Rights News. 2004. January 2008 <<a href="http://www.humanrightswatch.org/press/2001/11/TortureQandA.htm#What">http://www.humanrightswatch.org/press/2001/11/TortureQandA.htm#What</a>>.<br />· US Department of State. “2006 Country report on human rights practices in Cambodia”. 17 January 2008 <<a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78792.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78792.htm</a>>.<br />· <<a href="http://www.manskligarattigheter.gov.se/extra/pod/?id=4&module_instance=2&action=pod_show&navid=4">http://www.manskligarattigheter.gov.se/extra/pod/?id=4&module_instance=2&action=pod_show&navid=4</a>> 27 January 2008.<br />· Human rights Committee. “Concluding observations of the human rights Committee: Thailand”. 2005. <<a href="http://www.rlpd.moj.go.th/pr/report/pdf/CCPR-Thailand-adopted-E.pdf">http://www.rlpd.moj.go.th/pr/report/pdf/CCPR-Thailand-adopted-E.pdf</a>> 29 January 2008.<br />· Stan Starygin, Human Rights and Its Evaluation. Phnom Penh. Pannasastra University of Cambodia. 2006.<br />· <<a href="http://www.ahrchk.net/ua/mainfile.php/2008/2715/">http://www.ahrchk.net/ua/mainfile.php/2008/2715/</a>>20 January 2008.<br />· <<a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm</a>>. 19 January 2008.<br />· US Department of Sate. “2004 country report on Human Rights Practices in Cambodia. 26 January 2008.<<a href="http://www.state.gov/g/drl/rls/hrrpt/2004/41638.htm">http://www.state.gov/g/drl/rls/hrrpt/2004/41638.htm</a>>.<br />· US Department of State. “2005 Country report on human rights practices in Thailand” 20 January 2008. <<a href="http://www.state.gov/g/drl/rls/hrrpt/2005/61628.htm">http://www.state.gov/g/drl/rls/hrrpt/2005/61628.htm</a>>.<br />· Asian Legal Resource Center. Alternative Report on Thailand to the HRC. 2005. <<a href="http://www.alrc.net/doc/mainfile.php/unar_hrc_th_2005/327/">http://www.alrc.net/doc/mainfile.php/unar_hrc_th_2005/327/</a>>31 January 2008.<br />· <<a href="http://www.unhchr.ch/TBS/doc.nsf/newhvstatusbycountry">http://www.unhchr.ch/TBS/doc.nsf/newhvstatusbycountry</a>> 9 January 2007.<br />· <<a href="http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.CR.31.7.En?OpenDocument">http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.CR.31.7.En?OpenDocument</a>> 28 January 2008.<br />· <<a href="http://www.unhchr.ch/TBS/doc.nsf/newhvstatusbycountry">http://www.unhchr.ch/TBS/doc.nsf/newhvstatusbycountry</a>> 9 January 2008.<br />· <<a href="http://en.wikisource.org/wiki/1997_Constitution_of_Thailand#CHAPTER_III:_Rights_and_Liberties_of_the_Thai_People">http://en.wikisource.org/wiki/1997_Constitution_of_Thailand#CHAPTER_III:_Rights_and_Liberties_of_the_Thai_People</a>> 28 January 2008.<br />· Bryan A. Garner. Black's law dictionary. 2nd ed. St. Paul: West Group, 2001<br />· <a href="http://www.unhchr.ch/html/menu3/b/h_cat39.htm">Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment</a>. 1984.<br />· International Covenant on Civil and Political Rights. 1966.<br /><br /><br /><br /><a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref1" name="_ftn1">[1]</a> Bryan A. Garner. Black's law dictionary. 2nd ed. St. Paul: West Group, 2001. <br /><a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref2" name="_ftn2">[2]</a> OHCHR Cambodia. Convention Against Torture & Other Cruel Inhuman or Degrading Treatment or Punishment and its Optional Protocol. Phnom Penh: OHCHR. 2007: 2.<br /><a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref3" name="_ftn3">[3]</a> Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. Article 10, paragraph (1): All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.<br /><a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref4" name="_ftn4">[4]</a> Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.<br /><a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref5" name="_ftn5">[5]</a> OHCHR Cambodia. Convention Against Torture & Other Cruel Inhuman or Degrading Treatment or Punishment and its Optional Protocol. Phnom Penh: OHCHR. 2007: 1<br /><a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref6" name="_ftn6">[6]</a> Human Rights Watch, “The legal prohibition against torture”. Human Rights News. 2004. 9 January 2008 <<a href="http://www.humanrightswatch.org/press/2001/11/TortureQandA.htm#What">http://www.humanrightswatch.org/press/2001/11/TortureQandA.htm#What</a>>.<br /><a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref7" name="_ftn7">[7]</a> More information on the status of ratification can be found at <<a href="http://www.unhchr.ch/TBS/doc.nsf/newhvstatusbycountry">http://www.unhchr.ch/TBS/doc.nsf/newhvstatusbycountry</a>> 9 January 2007.<br /><a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref8" name="_ftn8">[8]</a> More information on the conclusion and recommendation of the Committee Against torture on Cambodia can be found at <<a href="http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.CR.31.7.En?OpenDocument">http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.CR.31.7.En?OpenDocument</a>> 28 January 2008.<br /><a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref9" name="_ftn9">[9]</a> More information can be found at <<a href="http://www.unhchr.ch/TBS/doc.nsf/newhvstatusbycountry">http://www.unhchr.ch/TBS/doc.nsf/newhvstatusbycountry</a>> 9 January 2008.<br /><a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref10" name="_ftn10">[10]</a> The constitution can be found at <<a href="http://en.wikisource.org/wiki/1997_Constitution_of_Thailand#CHAPTER_III:_Rights_and_Liberties_of_the_Thai_People">http://en.wikisource.org/wiki/1997_Constitution_of_Thailand#CHAPTER_III:_Rights_and_Liberties_of_the_Thai_People</a>> 28 January 2008.<br /><a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref11" name="_ftn11">[11]</a> US Department of State. “2006 Country report on human rights practices in Cambodia”. 17 January 2008 <<a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78792.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78792.htm</a>>.<br /><a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref12" name="_ftn12">[12]</a> Human rights Committee. “Concluding observations of the human rights Committee: Thailand”. 2005. <<a href="http://www.rlpd.moj.go.th/pr/report/pdf/CCPR-Thailand-adopted-E.pdf">http://www.rlpd.moj.go.th/pr/report/pdf/CCPR-Thailand-adopted-E.pdf</a>> 29 January 2008.<br /><a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref13" name="_ftn13">[13]</a> More information on the ratification of human rights treaty by Sweden can be found at <<a href="http://www.manskligarattigheter.gov.se/extra/pod/?id=4&module_instance=2&action=pod_show&navid=4">http://www.manskligarattigheter.gov.se/extra/pod/?id=4&module_instance=2&action=pod_show&navid=4</a>> 27 January 2008.<br /><a title="" style="mso-footnote-id: ftn14" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref14" name="_ftn14">[14]</a> More information can be found at <<a href="http://www.manskligarattigheter.gov.se/extra/pod/?id=15&module_instance=2&action=pod_show&navid=15">http://www.manskligarattigheter.gov.se/extra/pod/?id=15&module_instance=2&action=pod_show&navid=15</a>> 27 January 2008.<br /><a title="" style="mso-footnote-id: ftn15" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref15" name="_ftn15">[15]</a> Stan Starygin. Human Rights and Its Evaluation. Phnom Penh. Pannasastra University of Cambodia. 2006: 791.<br /><a title="" style="mso-footnote-id: ftn16" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref16" name="_ftn16">[16]</a> Yash Ghai, Special Representative of the Secretary General on human rights in Cambodia. Report to Human Rights Council. 2007: 10 (40).<br /><a title="" style="mso-footnote-id: ftn17" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref17" name="_ftn17">[17]</a> US Department of state. “2007 Country report on human rights practices in Thailand” 17 January 2008 <<a href="http://www.state.gov/g/drl/rls/hrrpt/2005/61628.htm">http://www.state.gov/g/drl/rls/hrrpt/2005/61628.htm</a>><br /><a title="" style="mso-footnote-id: ftn18" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref18" name="_ftn18">[18]</a>More information on the judiciary of Sweden can be found at <<a href="http://www.manskligarattigheter.gov.se/extra/pod/?id=4&module_instance=2&action=pod_show&navid=4">http://www.manskligarattigheter.gov.se/extra/pod/?id=4&module_instance=2&action=pod_show&navid=4</a>> 27 January 2008.<br /><a title="" style="mso-footnote-id: ftn19" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref19" name="_ftn19">[19]</a> US Department of state. “2006 country reports on human rights practices in Cambodia” <<a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm</a>> 17 January 2008.<br /><a title="" style="mso-footnote-id: ftn20" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref20" name="_ftn20">[20]</a> Stan Starygin, Human Rights and Its Evaluation. Phnom Penh. Pannasastra University of Cambodia. 2006. 207.<br /><a title="" style="mso-footnote-id: ftn21" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref21" name="_ftn21">[21]</a> For example on April 29, a commune police chief and another police officer without a warrant forcibly arrested a man because of a personal dispute from the previous day. The policemen suspended the man upside down from the ceiling of the police station, where he was interrogated, beaten, and forced to confess to a robbery in which he had no involvement. The victim was release later that night. Following a provincial police officer’s urging, the victim to accept financial compensation and withdrew his criminal complaint from the provincial court. No legal action was taken against the police chief, and the case was terminated. Stan Starygin, Human Rights and Its Evaluation, Phnom Penh. Pannasastra University of Cambodia. 2006. 209.<br /><a title="" style="mso-footnote-id: ftn22" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref22" name="_ftn22">[22]</a> Stan Starygin, Human Rights and Its Evaluation, Phnom Penh. Pannasastra University of Cambodia. 2006. 269.<br /><a title="" style="mso-footnote-id: ftn23" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref23" name="_ftn23">[23]</a> It was introduced by the former prime minister in mid-2005 as part of a heavy-handed approach to the violent conflict in that part of the country. It grants even wider powers to the army and police than martial law and gives them complete impunity from prosecution for any actions taken under it. <<a href="http://www.ahrchk.net/ua/mainfile.php/2008/2715/">http://www.ahrchk.net/ua/mainfile.php/2008/2715/</a>>20 January 2008.<br /><a title="" style="mso-footnote-id: ftn24" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref24" name="_ftn24">[24]</a> Stan Starygin, Human Rights and Its Evaluation, Phnom Penh. Pannasastra University of Cambodia. 2006. 225<br /><a title="" style="mso-footnote-id: ftn25" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref25" name="_ftn25">[25]</a> More information on individual case of torture can be found at <<a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm</a>>. 19 January 2008.<br /><a title="" style="mso-footnote-id: ftn26" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref26" name="_ftn26">[26]</a> Stan Starygin, Human Rights and Its Evaluation, Phnom Penh. Pannasastra University of Cambodia. 2006. 792 and 793.<br /><a title="" style="mso-footnote-id: ftn27" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref27" name="_ftn27">[27]</a> Stan Starygin, Human Rights and Its Evaluation, Phnom Penh. Pannasastra University of Cambodia. 2006. 209.<br /><a title="" style="mso-footnote-id: ftn28" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref28" name="_ftn28">[28]</a> Stan Starygin, Human Rights and Its Evaluation Phnom Penh. Pannasastra University of Cambodia. 2006. 269.<br /><a title="" style="mso-footnote-id: ftn29" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref29" name="_ftn29">[29]</a>US Department of Sate. “2004 country report on Human Rights Practices in Cambodia. 26 January 2008.<<a href="http://www.state.gov/g/drl/rls/hrrpt/2004/41638.htm">http://www.state.gov/g/drl/rls/hrrpt/2004/41638.htm</a>>.<br /><a title="" style="mso-footnote-id: ftn30" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref30" name="_ftn30">[30]</a>US Department of State. “2005 Country report on human rights practices in Thailand” 20 January 2008. <<a href="http://www.state.gov/g/drl/rls/hrrpt/2005/61628.htm">http://www.state.gov/g/drl/rls/hrrpt/2005/61628.htm</a>>.<br /><a title="" style="mso-footnote-id: ftn31" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref31" name="_ftn31">[31]</a> Example: On 5 November 2004, twenty-one-year-old Don Mahesh Duminda Weerasuiya was illegally arrested and tortured by police officers at Panadura North Police Station who apparently wanted information about Weerasuriya’s uncle. After being tortured at the police station, he was charged and held at Kalutara Prison where he was detained until November 10.<br /><a title="" style="mso-footnote-id: ftn32" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref32" name="_ftn32">[32]</a> Asian Legal Resource Center. Alternative Report on Thailand to the HRC. 2005 para. 68 to 75. 31 January 2008 <<a href="http://www.alrc.net/doc/mainfile.php/unar_hrc_th_2005/327/">http://www.alrc.net/doc/mainfile.php/unar_hrc_th_2005/327/</a>><br /><a title="" style="mso-footnote-id: ftn33" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref33" name="_ftn33">[33]</a> US Department of State. “2005 country report on human rights practices in Sweden”. 31 January 2008 <<a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78841.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78841.htm</a>.<br /><a title="" style="mso-footnote-id: ftn34" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref34" name="_ftn34">[34]</a> Stan Starygin, Human Rights and Its Evaluation, Phnom Penh. Pannasastra University of Cambodia. 2006. 225.<br /><a title="" style="mso-footnote-id: ftn35" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref35" name="_ftn35">[35]</a> US Department of State Report. “2005 Country report on human rights practices in Sweden”. 31 January 2008 <<a href="http://www.state.gov/g/drl/rls/hrrpt/2004/41710.htm">http://www.state.gov/g/drl/rls/hrrpt/2004/41710.htm</a>>.Bophalhttp://www.blogger.com/profile/08740128137369492567noreply@blogger.com2tag:blogger.com,1999:blog-3082090175930175990.post-82316157846709186092008-02-01T07:40:00.000-08:002008-02-01T07:45:27.346-08:00Note<div align="justify">Dear All, </div><div align="justify"> </div><div align="justify">There is still about an hour twenty minutes before the deadline, however, since most of you have already submitted this is just to remind all of you that the deadline for submission of comments is Tuesday, Feb, 5, 12 AM. Please bear in mind that each of you is expected to produce comments on everyone else's essay but his/her own. </div><div align="justify"> </div><div align="justify">Thank you, good luck with that and have a good weekend, </div><div align="justify"> </div><div align="justify">Stan</div><div align="justify"> </div><div align="justify"> </div>Stan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.com1tag:blogger.com,1999:blog-3082090175930175990.post-56079719595753865782008-02-01T07:38:00.000-08:002008-02-01T07:40:21.193-08:00Sophorne's Paper<div align="justify">Name: Kheang Sophorne <br /><br />Content on the Domestic Violence against Women in Cambodia, Thailand and Vietnam<br /><br />Chapter I: Introduction<br /><br />Chapter II: Literature Review<br /><br />I- Cause of Domestic Violence again women:<br /><br />1- Cause of Domestic Violence again women in Cambodia<br />2- Cause of Domestic Violence again women in Thailand<br />3- Cause of Domestic Violence again women in Vietnam<br /><br />II- Legal Instrument regarding the Domestic Violence again Women in Cambodia, Thailand and Vietnam<br /><br />- In Cambodia:<br />- In Thailand<br />- In Vietnam<br /><br />III- What the government do for preventing the domestic in Cambodia, Thailand and Vietnam<br /><br />- In Cambodia<br />- In Thailand<br />- In Vietnam<br /><br />Chapter III: Anylysis<br /><br />- Compare Cambodia against itself between 2004 and 2007<br />- Compare Cambodia to Thailand between 2004 and 2007<br />- Compare Cambodia to Vietnam between 2004 and 2007<br /><br />Chapter IV: Conclusion<br /><br /><br />Domestic Violence against Women in Cambodia, Thailand and Vietnam<br /><br /><br />Chapter I: Introduction<br /><br />All over the world, there are many problems such as corruption, government controlling, and the domestic violence again women. I will choose the topic regarding the domestic violence again women for researching. Why I research this matter in the three countries, Cambodia, Thailand and Vietnam because I want to show about the cause of domestic violence, law relation to the domestic violence and the policy of the government for preventing the domestic violence for these three countries. The methodology of the matter will be come from Cambodian Constitution, LICADHO report and other relevant websites and reports as mentioned in the footnote below.<br /><br />Chapter II: Literature Review<br /><br />I- Cause of Domestic Violence again women:<br /><br />1- Cause of Domestic Violence again women in Cambodia<br /><br />The definition of Domestic Violence:<br /><br />Article 2 of the newly passed Law on the Prevention of Domestic Violence and the Protection of Victims defines domestic violence as ‘violence that happens and could happen towards:<br /><br />1. Husband or wife<br />2. Dependant children<br />3. Persons living under the roof of the house and who are dependants on the<br />household.<br /><br />The Cause of domestic violence is caused of a drunk man ex: domestic violence over 13 years was beaten by her husband. Her husband, in an apparent drunken rage attacked her and cut off one of her fingers. After being treated for her injuries in hospital the victim said she didn't want to divorce her husband nor file a complaint against her husband.<a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn1" name="_ftnref1">[1]</a><br /><br />Another cause is police and officials often refuse to investigate domestic violence claims,20 effectively rendering domestic violence legislation ineffective. The RGC has not made any substantial efforts to educate and train police, lawyers, judges and the general public to raise awareness regarding the serious problem of domestic violence.<br /><br /><br />2- Cause of Domestic Violence again women in Thailand<br /><br />The definition of the domestic violence in Thailand: Domestic violence is defined as 'any act or omission by a family member (most often a current or former husband or partner), regardless of the physical location where the act takes place, which negatively affects the well being, physical or psychological integrity, freedom or right to full development of a woman.<a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn2" name="_ftnref2">[2]</a><br /><br />In Thailand, the cause of Domestic Violence again women are as follows<a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn3" name="_ftnref3">[3]</a>:<br /><br />- Keep silence from the women, that is why the domestic violence in Thailand is increased.<br /><br />- The lack of the measure from the police, judge. I mean they always ignore the case in relation to the domestic violence.<br /><br />3- Cause of Domestic Violence again women in Vietnam<br /><br />The cause of Domestic Violence again women in Vietnam are there is no specific legislation prohibiting family-based violence and the government has not enacted policy to provide for the systematic training of officials at all levels on dealing with cases of domestic violence<a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn4" name="_ftnref4">[4]</a>.<br /><br />The issue of domestic violence has received very limited attention from the legislature, the judiciary, governmental institutions and the media in Vietnam.<br /><br /><br /><br />II- Legal Instrument regarding the Domestic Violence again Women in Cambodia, Thailand and Vietnam<br /><br />- In Cambodia:<br /><br />When violence against women in Cambodia is a difficult issue to accurately quantify, it is clear that it is a serious problem and there are an increasing number of reports of domestic violence, rape and trafficking. Although Cambodia is beginning to recognize the significance of these issues the extent of the government’s willingness to educate the judiciary, the police and the public on these issues is still very limited.<br /><br />Cambodia ratified the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) in 1992. Also the Royal Government of Cambodia (RGC) passed the Law on the Prevention of Domestic Violence and the Protection of Victims in September 2005 and a draft Law on Human Trafficking and Sexual Exploitation is currently being reviewed by law-makers. <a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn5" name="_ftnref5">[5]</a><br /><br />The Constitution also provides some protection for victims of domestic violence, with provisions such as the ‘right to life, personal freedom and security’8 and the ‘right to life, honor and dignity<a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn6" name="_ftnref6">[6]</a>. The Law on Aggravating Circumstances of the Felonies also classifies rape as a crime. These laws combined are more than sufficient in providing protection to domestic violence victims and in preventing domestic violence from occurring. The reality is that the strength of these laws is undermined by the lack of implementation within the domestic context.<a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn7" name="_ftnref7">[7]</a><br /><br />- In Thailand<br /><br />In Thailand, also it was ratified the universal declaration on human right. Thai was followed this convention when the problem regarding the domestic violence happened. The law relevant also has the Criminal code which mentioned about the penalty. Furthermore, there is a law regarding the domestic violence in Thailand as well<a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn8" name="_ftnref8">[8]</a>.<br /><br />- In Vietnam<br /><br />The Vietnamese Constitution, as well as the Civil, Criminal and Family Codes generally provide for de jure equality between men and women in the political, economic, cultural, social and family spheres<a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn9" name="_ftnref9">[9]</a>.<br /><br />Vietnam ratified the Convention on the Elimination of All Forms of Discrimination against Women on 17 February 1982. The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women has not yet been signed or ratified by Vietnam.<a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn10" name="_ftnref10">[10]</a><br /><br />With regard to other international human rights instruments, Vietnam acceded to the International Covenant on Civil and Political Rights (ICCPR) in 1982. Article 7 of the Covenant prohibits torture and other cruel, inhuman or degrading treatment. In March 2000, the Human Rights Committee adopted General Comment 28 on Article 3 of the ICCPR concerning gender equality in which it stated that in order to comply with their obligations under Article 7 of the Convention, States must submit information on national laws and practice with regard to domestic and other forms of violence against women, including rape<a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn11" name="_ftnref11">[11]</a>.<br /><br />Vietnam is also a party to the International Covenant on Economic, Social and Cultural Rights and to the Convention on the Elimination of all Forms of Racial Discrimination.<a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn12" name="_ftnref12">[12]</a><br /><br /><br /><br />III- What the government do for preventing the domestic in Cambodia, Thailand and Vietnam<br /><br />- In Cambodia<br />The Government have take the measure as follows for preventing the domestic violence I n Cambodia:<br /><br />- With the passing of the Law on the Prevention of Domestic Violence and the Protection of Victims, the government has taken measure to improve all the people to enforce the law in force and also focused on Cambodian males and those living in rural areas. <a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn13" name="_ftnref13">[13]</a><br /><br />- Provide training aimed at police, lawyers and the judiciary in recognizing and combating domestic violence in Cambodia.<br /><br />- Conduct educational campaigns, particularly in rural areas, to counter traditional thinking that women are inferior to men and to inform them of their rights within a domestic context.<br /><br />- Increase the number of trained female law enforcement officers and legal officials in dealing with domestic violence victims.<br /><br />Also the Ministry of Women’s Affairs (MOWA), addresses domestic violence13 and highlights the need for ‘further legal and policy efforts to reduce domestic violence.<br /> <br />Additionally, as LICADHO continues to investigate cases of domestic violence and rape, the WRO pilot project in Angsnoul district is one of the first important steps towards prevention of violence against women at the community level. In the coming months the WRO will move the pilot project activities to Kompong Thom and Kampot province, refining the workshops which hope to change and evolve the attitudes of the community and the authorities towards violence against women issues. The pilot project was learning to understand domestic violence, the impact it can have on a family and the community, the concept that it is not just an internal family issue and how to deal with and prevent it.<a title="" style="mso-footnote-id: ftn14" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn14" name="_ftnref14">[14]</a><br /><br />- In Thailand<br /><br />In Thailand, the government policies have reduced the domestic violence such as they will push all the people follow what the law in Thai promulgated, improve the police, other authorities to make sure how to control/settle the problem coming, especially the government push the people to respect to each other regarding the human right understanding. This is the main point of the government in Thai<a title="" style="mso-footnote-id: ftn15" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn15" name="_ftnref15">[15]</a>.<br />.<br />- In Vietnam<br /><br />The government seems to be strict for this matter because this country is the communist country, so the governments has taken many measures such as it will be punished if a man committees the violence on a woman. Other measure, the government also improve more the policy for controlling the police and other authority. These authority also get the training in relation to the matter.<a title="" style="mso-footnote-id: ftn16" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn16" name="_ftnref16">[16]</a><br /><br />Chapter III: Anylysis<br /><br />- Compare Cambodia against itself between 2004 and 2007<br /><br />In 2004: In 2004, it was just mentioned that the data of the domestic violence again women in Cambodia was more than 2007<a title="" style="mso-footnote-id: ftn17" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn17" name="_ftnref17">[17]</a>. It was not show the clearly data at all.<br /><br />In 2007: In the first six months of 2007, LICADHO's WRO has received reports of 102 cases of domestic violence. According to LICADHO's monitoring of Khmer newspapers, 98 cases of domestic violence were also reported in the same period<a title="" style="mso-footnote-id: ftn18" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn18" name="_ftnref18">[18]</a>.<br /><br />According to the two-year data above, the data in 2004 is more than in 2007.<br /><br />- Compare Cambodia to Thailand between 2004 and 2007<br /><br />The report in 2004 for Thailand: Two-thirds of women have fought back when they were abused and 43% in the Capital and 36% in the other province had ever left their home as the result of physical violence. About 37% of women in the Capital and 46% in the other province who experienced physical violence and NEVER told anyone about their experiences<a title="" style="mso-footnote-id: ftn19" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn19" name="_ftnref19">[19]</a>. <br /><br />The report in 2007 for Thailand: The domestic violence in Thailand is 22% in the Capital and 14% in the other province or having to take sick leave because of injuries (13% in the Capital and 11% in the other province). Furthermore, 4% of women who had ever been pregnant in both the capital and the other province had experienced physical violence during a pregnancy. Of these about one-quarter reported that they had been punched or kicked in the abdomen during pregnancy. In most cases the perpetrator is or was the father of the child. <br /><br />For comparing the data in 2004 between Cambodia and Thailand, It is not so sure because Cambodia has no clearly data as mentioned above. For comparing the data in 2007 between Cambodia and Thailand, this both countries is similar if we analyze the data above.<br /><br />- Compare Cambodia to Vietnam between 2004 and 2007<br /><br />In 2004 for Vietnam: There are no any specific data regarding the domestic violence in Vietnam in 2004.<br /><br />In 2007 for Vietnam: They just said that the domestic violence in Vietnam in 2007 is less than 2005 and no clearly data clearly as well<a title="" style="mso-footnote-id: ftn20" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn20" name="_ftnref20">[20]</a>.<br /><br />So, to compare the data in 2004 between Cambodia and Vietnam can not be compared. But for the data in 2007 between Cambodia and Vietnam is also can not be compared as there are no any specific data in Vietnam.<br /><br />Chapter IV: Conclusion<br /><br /> For Cambodia, Thailand and Vietnam, as mentioned the points above, Cambodia seems to be better then other two countries as the domestic violence against women was reduced in 2007. But for the cause of domestic violence in Cambodia, Thailand and Vietnam, the government should improve what mentioned above, then the three countries will be better and better.<br /><br /><br />­­­­­­­­­­­­___________________<br /><br /><br /><br /><a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref1" name="_ftn1">[1]</a> <a href="http://www.licadho.org/articles/20070731/60/index.html">http://www.licadho.org/articles/20070731/60/index.html</a><br /><a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref2" name="_ftn2">[2]</a> <a href="http://www.thefreelibrary.com/">http://www.thefreelibrary.com/</a><br /><a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref3" name="_ftn3">[3]</a> A report from the website <a href="http://www.unfpa.org/">www.unfpa.org</a><br /><a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref4" name="_ftn4">[4]</a> <a href="http://www.omct.org/pdf/VAW/VietnamEng2001.pdf">http://www.omct.org/pdf/VAW/VietnamEng2001.pdf</a><br /><a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref5" name="_ftn5">[5]</a> http://www.licadho.org/reports/files/77LICADHOReportViolenceAgainstWomen05.pdf<br /><a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref6" name="_ftn6">[6]</a> Constitution article 38<br /><a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref7" name="_ftn7">[7]</a> <a href="http://www.licadho.org/reports/">http://www.licadho.org/reports/</a><br /><a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref8" name="_ftn8">[8]</a> Report from the newspaper of Thailand dated 12-02-2007.<br /><a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref9" name="_ftn9">[9]</a> http://www.omct.org/pdf/VAW/VietnamEng2001.pdf<br /><a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref10" name="_ftn10">[10]</a> http://www.omct.org/pdf/VAW/VietnamEng2001.pdf<br /><a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref11" name="_ftn11">[11]</a> http://www.omct.org/pdf/VAW/VietnamEng2001.pdf<br /><a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref12" name="_ftn12">[12]</a> http://www.omct.org/pdf/VAW/VietnamEng2001.pdf<br /><a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref13" name="_ftn13">[13]</a> <a href="http://www.licadho.org/reports">http://www.licadho.org/reports</a><br /><a title="" style="mso-footnote-id: ftn14" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref14" name="_ftn14">[14]</a> <a href="http://www.licadho.org/articles/20070731/60/index.html">http://www.licadho.org/articles/20070731/60/index.html</a><br /><a title="" style="mso-footnote-id: ftn15" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref15" name="_ftn15">[15]</a> Report on Domestic violence in 2007<br /><a title="" style="mso-footnote-id: ftn16" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref16" name="_ftn16">[16]</a> The report on the violence against women in Vietnam.<br /><a title="" style="mso-footnote-id: ftn17" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref17" name="_ftn17">[17]</a> A newspaper in 2007.<br /><a title="" style="mso-footnote-id: ftn18" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref18" name="_ftn18">[18]</a> Attitudes towards violence against women in Cambodia slowly changing in 2007<br /><a title="" style="mso-footnote-id: ftn19" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref19" name="_ftn19">[19]</a> <a href="http://www.thefreelibrary.com/Domestic+violence+and+women">www.thefreelibrary.com/Domestic+violence+and+women's</a><br /><a title="" style="mso-footnote-id: ftn20" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref20" name="_ftn20">[20]</a> Report on Domestic Violence in 2005 </div>Stan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.com3tag:blogger.com,1999:blog-3082090175930175990.post-49566152219379022922008-02-01T07:32:00.000-08:002008-02-01T07:35:47.488-08:00Pisey's Paper<p align="justify"><br />Chapter 1<br /><br />Introduction<br /><br />Overview<br />Many leaders around ASEAN countries have concerned about the Trafficking in person in theirs, which has threatened lives to people. The six countries in the Sub-region—Cambodia, China, Lao, Myanmar, Thailand, and Vietnam joined a meeting on December 14th, 2007, in Beijing, which was organized the office of National Working Committee for Children and Women under the State Council, Ministry of Foreign Affairs, and Ministry of Commerce. Nearly 200 delegates attended the meeting, including ministers on anti-trafficking. Officials from ten embassies of ASEAN residing in China, relevant international organizations, NGOs, donor countries and related Chinese ministries on anti-trafficking human participated in it as well<a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn1" name="_ftnref1">[1]</a>.<br />The gravest crime of trafficking in person (TIP) has been continuously occurred in countries to others. Perpetrators who are political members and are almost utmost high ranking officials are of impunity, for some judiciary systems are under the umbrella of political parties. In most cases, prosecution does not dare to take action. To combat and take step to reduce or prevent TIP is to prosecute criminals.<br />Purpose of Study<br />The study is aimed at discovering position whose TIP China, Cambodia, and Burma. Country of China is selected to be the founded country for the comparison to the other two above mentioned countries that are as similar as China with human rights violation. The study will inquiry into effective actions on TIP that China has taken by its government.<br /><br />Methodology<br />The secondary data, which are the reports from U.A. Department of State and Human Rights Organization—the reports are of the same website; the website on China's report is presented in footnote<a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn2" name="_ftnref2">[2]</a>—, are principal taken to be information for study to explore situations for analysis. The reports were released in 2006. The population of each country is used for the comparison, either. <br /><br />Definition of Trafficking in Person<br />The Secretary of State submits the annual "Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report" to Congress. This report covers "severe forms of trafficking in persons" defined as:<br />"(a) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (b) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery."<a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn3" name="_ftnref3">[3]</a><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />Chapter 2<br /><br />Trafficking in Persons<br />Country Reports on Human Rights Practices - <a href="http://www.state.gov/g/drl/rls/hrrpt/2006/">2006</a>Released by the Bureau of Democracy, Human Rights, and LaborMarch 6, 2007<br />China (includes Tibet, Hong Kong, and Macau)<br />Although the law prohibits human trafficking, trafficking in persons remained a serious problem. The country was both a source and destination country for trafficking in persons. Most trafficking was internal for the purposes of forced labor and forced marriage. Some cases involved trafficking of women and girls into forced prostitution in urban areas, and some reports suggested that certain victims, especially children, were sold into forced labor. In many cases, women and children were lured abroad with false promises of employment and then trafficked into prostitution or forced labor.<br />Some experts and NGOs suggested that a shortage of marriageable women fueled the demand for abducted women, especially in rural areas. They argued that the serious imbalance in the male-female sex ratio at birth, the tendency for many village women to leave rural areas to seek employment, and the cost of traditional betrothal gifts all made purchasing a wife attractive to some poor rural men. Some men recruited women from poorer regions, while others sought help from criminal gangs. Criminal gangs either kidnapped women and girls or tricked them with promises of jobs and higher living standards, only to be transported far from their homes for delivery to buyers. Once in their new "family," these women were "married" and sometimes raped. Some accepted their fate and joined the new community; others struggled and were punished; a few escaped. Some former trafficking victims became traffickers themselves, lured by the prospect of financial gain.<br />According to UN reports, most women and girls trafficked from abroad came from North Korea and Vietnam. Others came from Burma, Laos, Russia, and Ukraine. They were trafficked into the country for sexual exploitation, forced marriage, and indentured servitude in domestic service or businesses. Past reports noted that trafficking of North Korean women and girls into the country to work in the sex industry was widespread in the northeastern part of the country, but reliable sources suggested that the practice has decreased. The UN reported that Chinese citizens were most often trafficked to Malaysia, Thailand, the United Kingdom, and the United States. Second-tier destinations included Australia, European countries, Canada, Japan, Italy, Burma, Singapore, South Africa, and Taiwan.<br />Kidnapping and the buying and selling of children for adoption continued, particularly in poor rural areas. There were no reliable estimates of the number of children trafficked. Domestically, most trafficked children were sold to couples unable to have children, particularly sons. In the past, most infants rescued were male, but increased demand for children has reportedly driven traffickers to focus on females as well.<br />Children were also trafficked from poorer interior areas to relatively more prosperous areas for work. Traffickers reportedly often enticed parents to relinquish their children with promises of large remittances their children would be able to send home. Some children worked in factories but many ended up under the control of local gangs and were induced to commit petty crimes such as purse snatching.<a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn4" name="_ftnref4">[4]</a><br />Burma<br />Although there are laws specifically prohibiting child prostitution and child pornography, they were not enforced effectively. Trafficking, including of children, continued, but there were no reliable statistics regarding its extent. Government data showed that Thailand was the primary destination for trafficking victims, with much smaller numbers going directly to China, Malaysia, Bangladesh, Korea, and Macau.<br />Trafficking of women and girls to Thailand, China, Bangladesh, Malaysia, Korea, Japan, and countries in the Middle East for sexual exploitation, factory labor, and as household servants remained a problem. Shan and other ethnic minority women and girls were trafficked across the border from the north; Karen and Mon women and girls were trafficked from the south. There was evidence that internal trafficking generally occurred from poor agricultural and urban centers to areas where prostitution flourished (trucking routes, mining areas, military bases, and industrial estates) as well as along the borders with Thailand and China. Men and boys also reportedly were trafficked to other countries for sexual exploitation and labor. While most observers believed that the number of these victims was at least several thousand per year, there were no reliable estimates.<br />Human traffickers appeared to be primarily free lance, small scale operators using village contacts to feed victims to more established trafficking brokers. Brokers were primarily foreign, but some Burmese brokers operated in Thailand and China.<br />Officials recognized the importance of preventing cross border trafficking and prosecuting traffickers, but they did little to combat domestic trafficking and took no action on forced labor. The government worked with the UN Inter Agency Project on Human Trafficking to sponsor seminars for national, state/division, and lower level authorities and received training from the Asia Regional Trafficking in Persons Project. New government guidelines issued early in the year reduced the abilities of many international NGOs, including those working on trafficking issues, to implement and monitor programs; however, many activities were allowed to continue. In January the government signed the ASEAN Mutual Assistance in Criminal Matters Agreement. Cooperation with Thailand and China on enforcement and repatriation continued to increase.<br />UN agencies and NGOs credited the government for demonstrating political will to combat cross border trafficking and for improving cooperation with the international community. The government increased the size of the antitrafficking unit from 40 to 65 officers.<br />During the year the government hosted national and state/division level seminars to inform officials from relevant ministries about the antitrafficking law enacted in September 2005. The government established a working group that began to revise the national action plan to reflect the 2005 law.<br />Although there are laws specifically prohibiting child prostitution and child pornography, they were not enforced effectively. Trafficking, including of children, continued, but there were no reliable statistics regarding its extent. Government data showed that Thailand was the primary destination for trafficking victims, with much smaller numbers going directly to China, Malaysia, Bangladesh, Korea, and Macau.<a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn5" name="_ftnref5">[5]</a><br />Cambodia<br />The law prohibits trafficking in persons; however, the country was a source, destination, and transit country for men, women, and children trafficked for sexual exploitation and labor. A 2003 study estimated the number of trafficking victims in the sex industry to be 2,000 victims, approximately 80 percent of whom were Vietnamese women and girls. Some Vietnamese women and girls were trafficked through the country for exploitation in the commercial sex trade in other Asian countries.<br />Children were trafficked to Thailand and Vietnam for begging, soliciting, street vending, and flower selling. The children frequently were placed into debt bondage to beg or sell, or they formed part of organized begging rings even when there was no debt or economic hardship involved. A MOSAVY study found that 76 percent of trafficked persons returned from Thailand came from families who owned land, 93 percent owned their own house and had no debt on the land or house, and 47 percent stated that their mother was the facilitator. There was an increase in the trafficking of women to Malaysia to work in the sex industry.<br />Local traffickers covered specific small geographic areas and acted as middlemen for larger trafficking networks. Organized crime groups, employment agencies, and marriage brokers were believed to have some degree of involvement. Traffickers used a variety of methods to acquire victims. In many cases victims were lured by promises of legitimate employment. In other cases acquaintances, friends, and family members sold the victims or received payment for helping deceive them. Young children, the majority of them girls, were often "pledged" as collateral for loans by desperately poor parents; the children were responsible for repaying the loan and the accumulating interest.<br />While the government increased arrests and prosecutions of traffickers and continued its support for prevention and protection programs through collaboration with foreign and domestic NGOs and international organizations, its antitrafficking efforts continued to be hampered by reports of corruption and a weak judicial system. It was widely believed that some law enforcement and other government officials received bribes that facilitated the sex trade and trafficking in persons.<br />In August the Phnom Penh Municipal Court convicted three police officers for trafficking related corruption committed in 2005, gave them sentences of five to seven years in prison, and ordered the return of $9,000 (37.8 million riel) extorted from brothel owners in Kampong Speu Province. One of the convicted officers began serving his sentence, but the MOI stated that the other two officers would have to be formally removed from their positions before they were arrested and made to serve jail terms.<br />Several government ministries were active in combating trafficking. There was a Department of Anti Human Trafficking and Juvenile Protection, and mechanisms existed for monitoring and reporting on child sexual exploitation. There also were specialized MOI antitrafficking divisions in all provinces and municipalities.<a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn6" name="_ftnref6">[6]</a><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />Chapter 3<br /><br />Population<br /><br />China<br />China's population, now officially at 1.3 billion, will continue to increase by about 10 million a year and reach a peak of 1.46 billion in the mid-2030s. This creates two problems for China: the expanding working-age population will put enormous pressure on the economy to create jobs, and the aging population will strain government resources such as health care<a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn7" name="_ftnref7">[7]</a>. The number of population is 1,321,851,888 (2007)<a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn8" name="_ftnref8">[8]</a>.<br />Burma<br />The Burma's population is now 42,238,224<a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn9" name="_ftnref9">[9]</a>.<br /><br />Cambodia<br />The total number of population of Cambodia is 13, 363,421<a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn10" name="_ftnref10">[10]</a>.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />Chapter 4<br /><br />Actions Taken<br />China<br />Between 2001 and 2005, police opened more than 28,000 trafficking cases, the Chinese government arrested more than 25,000 suspected traffickers, and rescued more than 35,000 victims. During 2006, China the police investigated 3,371 trafficking cases; provincial governments arrested 371 victims and arrested 415 traffickers. China also cooperated with Vietnamese, Thai and Burmese authorities to rescue victims<a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn11" name="_ftnref11">[11]</a>.<br />Burma<br />The Burmese has taken steps to increase its arrests, prosecutions, convictions for trafficking. In 2006, the ruling junta reported that its police identified over 400 traffickers in 191 cases, and convicted 53 traffickers with sentences ranging from five years to life imprisonment. Authorities report that over 90 women from Ruili were sold into the P.R.C. as forced brides, arrested 34 suspects, and rescued 17 victims. In January 2007, police arrested an additional 47 suspected traffickers<a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn12" name="_ftnref12">[12]</a>.<br />Cambodia<br />According to the Cambodian <a href="http://www.humantrafficking.org/organizations/41">Ministry of Interior</a>, the police arrested 65 people for human trafficking, and 53 were convicted with penalties ranging from 5 to 24 years of imprisonment in 2006. An anti-trafficking NGO reported the arrests of 21 people and 28 convicted with penalties ranging from 1 to 19 years of imprisonment, and civil compensation ranging from 3 million and 10 million riels ($750-2,500) to the victims.<br />In 2006, the government prosecuted several police officials for trafficking-related corruption charges. The former Deputy Director of the Police Anti-Human Trafficking and Juvenile Protection Department was convicted for complicity in trafficking and sentenced to five years' imprisonment; two officials under his supervision were also convicted and sentenced to seven years' imprisonment. Police arrested two military officers and one member of the military police for running brothels and trafficking; one was sentenced to a five-year suspended sentence and fined five million riels ($1,250). In 2006, 13 foreign child sex tourists were arrested by the Cambodian police and three were convicted, with sentences ranging from 1 to 18 years' imprisonment. Cambodia continued to assist U.S. law enforcement authorities in the transfer to U.S. custody of Americans who have sexually exploited children in Cambodia. During the past year, Cambodia coordinated the deportation of one American national who was accused of child sex tourism for prosecution in the United States under the extraterritorial provisions of the U.S. Government's PROTECT Act. Additionally, Cambodia assisted in the deportation of two other American nationals with outstanding U.S. charges for child sexual exploitation and child pornography<a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn13" name="_ftnref13">[13]</a>.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />Chapter 5<br /><br />Analysis<br /><br />5.1. Action taken by China<br />As describing in chapter 3, the number of population is 1,321,851,888. China’s government arrested 415 traffickers. To compare China to Burma, the total of china’s population is assumed 100 per cent; and the 415 traffickers—mentioned in chapter4— are equal to 100 per cent, too. One per cent of the total of China’s population is (1,321,851,888 divided with 100%) 1,321,851,8.88. This amount of number (1, 321, 851, 8. 88) is equal 1%. The total of 415 traffickers arrested by China’s government is 100%, so 1% is of 415 divided with 100% (415:100=) 4.15%--traffickers arrested.<br /><br />5.2. Action taken by Burma<br /> In chapter 3, the total of Burma's population is 42,238,224. This amount of 42,238,224 is assumedly equal 100 per cent So in 1% is (42,238,224:100=) 422, 382.24. Chapter 4 provides the total number of arrested traffickers of 400, which is assumed of 100%. And 1% is 4 traffickers. Among 422, 382.24 traffickers, Burma’s government took action in arresting 4 traffickers.<br /> <br />5.3. Action taken by Cambodia<br />The total number of population of Cambodia is 13, 363,421, which is described in chapter 3. To make the comparison, the amount of number of the total population of 13, 363,421 is equal to 100%. One per cent is (13, 363,421: 100=) 133634.21. 65 traffickers were arrested, which is equal to 100%; and 1% is of (65: 100=) 0.65 traffickers.<br /><br />5.4. Comparison to Burma<br />Among 1,321,851,8.88, which is one per cent, China’s government took action in arresting 4.15 traffickers; however, Among 422, 382.24 traffickers, Burma’s government took action in arresting 4 traffickers.<br /><br />5.5. Comparison to Cambodia<br />Among 1,321,851,8.88, which is one per cent, China’s government took action in arresting 4.15 traffickers; Cambodia took action 0.65 traffickers.<br /><br />Conclusion<br />Country of China has to have more and more political commitment to combat TIP in order to reduce the violent crime, which threats people’s lives around the world.<br /><br /><br /><a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref1" name="_ftn1">[1]</a> <a href="http://www.china.org.cn/english/government/235708.htm">http://www.china.org.cn/english/government/235708.htm</a> (Date of visit January 31 2008)<br /><a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref2" name="_ftn2">[2]</a> <a href="http://www.humantrafficking.org/countries/china">http://www.humantrafficking.org/countries/china</a> (Date of visit January 31 2008)<br /><br /><a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref3" name="_ftn3">[3]</a> <a href="http://www.state.gov/g/tip/rls/tiprpt/">http://www.state.gov/g/tip/rls/tiprpt/</a> (Date of visit January 31 2008)<br /><a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref4" name="_ftn4">[4]</a> <a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78771.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78771.htm</a><br /><a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref5" name="_ftn5">[5]</a> <a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78768.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78768.htm</a> (Date of visit Jan.31, 2008)<br /><a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref6" name="_ftn6">[6]</a> <a href="http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm">http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm</a> <br /><a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref7" name="_ftn7">[7]</a> <a href="http://findarticles.com/p/articles/mi_hb3211/is_200412/ai_n18529413">http://findarticles.com/p/articles/mi_hb3211/is_200412/ai_n18529413</a> (Date of visit Feb.1, 2008)<br /><a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref8" name="_ftn8">[8]</a> <a href="http://wikitravel.org/en/China#Regions">http://wikitravel.org/en/China#Regions</a> (Cited on Feb. 01, 2008)<br /><a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref9" name="_ftn9">[9]</a> <a href="http://www.multied.com/nationbynation/Burma/Population.html">http://www.multied.com/nationbynation/Burma/Population.html</a><br /><a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref10" name="_ftn10">[10]</a> <a href="http://athaia.org/cambodia-population.html">http://athaia.org/cambodia-population.html</a><br /><a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref11" name="_ftn11">[11]</a> <a href="http://www.humantrafficking.org/countries/china">http://www.humantrafficking.org/countries/china</a><br /><a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref12" name="_ftn12">[12]</a> <a href="http://www.humantrafficking.org/countries/burma">http://www.humantrafficking.org/countries/burma</a><br /><a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref13" name="_ftn13">[13]</a> <a href="http://www.humantrafficking.org/countries/cambodia">http://www.humantrafficking.org/countries/cambodia</a> </p>Stan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.com3tag:blogger.com,1999:blog-3082090175930175990.post-66449306707855534452008-02-01T07:31:00.000-08:002008-02-01T07:32:22.673-08:00Srinna's Paper<div align="justify">MA Class<br />Prof. Stan<br />Student: Ty Srinna<br /><br />Arbitrary Arrest or Detention<br /><br /><br />I, Introduction:<br /><br /> -Definition of Arbitrary Arrest or Detention:<br />Arbitrary arrest and detention is the <a href="http://www.answers.com/topic/arrest" target="_top">arrest</a> and <a href="http://www.answers.com/topic/detention-imprisonment-1" target="_top">detention</a> of an individual in a case in which there is no likelihood or <a href="http://www.answers.com/topic/evidence-everlife-song" target="_top">evidence</a> that he or she committed a <a href="http://www.answers.com/topic/crime-1" target="_top">crime</a> against <a href="http://www.answers.com/topic/statute-1" target="_top">legal statute</a>, or in which there has been no proper <a href="http://www.answers.com/topic/due-process" target="_top">due process</a> of law<a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn1" name="_ftnref1">[1]</a>.<br />II, Methodology<br />The reason I select Philippines, Indonesia, and Laos to use in this topic, because all of those countries are stand in the East Asia. And they also have similar serious problem on human right in some areas in those countries. However, those problems are not the same, even they have the same name of problem, but the target of those problems is deferent. In some country, the target of arbitrary arrest and detention is focus on political issue, and some focus on not only political, but also criminal issue.<br /> <br />III, Situation in Philippines, Indonesia and Laos<br /><br /> 1, Philippines:<br />The Philippines is a democratic republic with an elected president, an elected bicameral legislature, and a multiparty system. The May 2004 national elections for president and both houses of congress continued to be a source of contention, with unsuccessful attempts in 2005 and during the year to impeach the president on grounds of alleged election fraud. Civilian authorities generally maintained effective control of the security forces; however, some elements of these security forces committed human rights abuses.<br /> -Role of the Police and Security Apparatus<br /> The Department of National Defense directs the Army Force of the Philippines (AFP) and the Police National of the Philippines (PNP) is shares responsibility for counterterrorism and counterinsurgency operations.<br />The Department of Interior and Local Government directs the PNP, which is responsible for enforcement of law and order and urban counterterrorism; however, governors, mayors, and other local officials have considerable influence.<br /> -Limitation of Police duty on arresting suspect person<br /> The law requires a judicial determination of probable cause before issuance of an arrest warrant and prohibits holding prisoners incommunicado or in secret places of detention; however, in a number of cases, police arrested and detained citizens arbitrarily. Through December, the TFDP documented 35 cases of illegal arrest and detention involving 114 victims.<br />In Philippines, the authorities can make file charges within 12 to 36 hours of arrests the suspect person without any warrants, so it cause the increasing a seriousness of the crime. For the Lengthy pretrial detention also remained a problem in Philippines society. For example, there are 67 detainees who was held in prison were released by the court In 2005, because they was held in the prison in a long time of the maximum prison terms, even they would have served if convicted.<br /> - Cause of the arbitrary arrest and detention:<br /> The political reason, corruption and bribes are cause the arbitrary arrest and detention in Philippines. All the illegal acts are done by the police and other authorities on political person and civilian base on Philippines country report.<br /><br /> 2, Indonesia:<br /> Indonesia is a multiparty republic and had 245 million populations. The president was directly elected in elections that international observers judged to be free and fair. In 2004, Voters also chose two national legislative bodies: the House of Representatives (DPR) and the newly created House of Regional Representatives (DPD). While civilian authorities generally maintained effective control of the security forces, in some instances elements of the security forces acted independently of civilian authority.<br /> -Role of the Police and Security Apparatus<br /> The president appoints the national police chief, subject to DPR confirmation. The police chief reports to the president but is not a full member of the cabinet. The national police force has approximately 250,000 officers deployed throughout the 33 provinces. The police maintain a centralized hierarchy, and locally deployed forces formally report to their national headquarters rather than to local governments.<br />The military is responsible for external defense, but also has a residual obligation to support the police in their domestic security responsibilities.<br />In Aceh, the Shari'a police, a provincial body, is responsible for enforcing Shari'a law. During the year international NGOs noted improvement in the degree of police crime-fighting professionalism and an increased emphasis on law enforcement ethics. Overall, however, police professionalism remained low, as did their respect for human rights and effectiveness at investigating human rights abuses.<br />Impunity and corruption remained significant problems. There were instances in which the police failed to respond to mob or vigilante violence. Police commonly extracted bribes, ranging from minor payoffs in traffic cases to large bribes in criminal investigations. From January to October, the Division of Profession and Security (Propam) reportedly investigated 5,486 police officers, including high-level officials, across the country, resulting in 240 dismissals. Other punishments varied from demotion to criminal prosecution.<br /> -Limitation of Police duty on arresting suspect person:<br /> The authorities must have warrants during arrest the suspect person base on the Criminal Procedure Code of Indonesia, but there is an exception, which permit the authorities to arrest suspect person without warrant when the suspect person is committing a crime. Even the law mention about the ability of the authorities, but in practice they rarely follow the law. Mean that the authorities (police) always against the law by making arbitrary arrest and detention suspect person without warrant.<br /> -Cause of arbitrary arrest and detention:<br />In Indonesia, the causes of the arbitrary detention are corruption, religion discrimination, bribes, political reason which was a big problem in this country.<br /><br /> 3, Laos:<br /> The Lao is Democratic Republic that has one party state ruled by the Lao People's Revolutionary Party (LPRP). In 2005, there are 5.6 million populations. The law system is base on the constitution in1991 which had the executive, legislative, and judicial branches. The National Assembly elected the president and vice president and ratified the president's selection of a prime minister and cabinet. The LPRP generally maintained effective control of the security forces, but on occasion elements of the security forces acted outside the LPRP's authority.<br /> -Role of the Police and Security Apparatus<br />In Laos, there had no punishment on wrong doing of the police that is why it caused a serious problem. The police had done the corruption, because of the impunity of their count. For example, many police officers used their authority to extract bribes from citizens. So the government had divided the structure of police responsibility on their actions for control them as bellow: <br />-The Ministry of Public Security (MoPS) maintains internal security but shares the function of state control with the Ministry of Defense's security forces and with LPRP and popular fronts.<br />-The Ministry of Foreign Affairs, with MoPS support, is responsible for oversight of foreigners, including ensuring that foreigners do not visit sensitive areas or have sexual relations with citizens.<br />-The MoPS includes local police, traffic police, immigration police, security police (including border police), and other armed police units. Communication police are responsible for monitoring telephone and electronic communications.<br />-The armed forces are responsible for external security but also have domestic security responsibilities that include counterterrorism and counterinsurgency activities as well as control of an extensive system of village militias.<br /><br /><br /> -Limitation of Police duty on arresting suspect person<br />Police and military forces in Laos have the powers of arresting the suspect person, but they must have warrant during arrest those person. Police agents sometime follow the law and sometime not in making arrests. In Laos also has the exception to apprehend persons in the act of committing crimes or in urgent cases. According to the Police reported that sometimes the police used arrest as a means to intimidate persons or extract bribes.<br />The law prohibits arbitrary arrest and detention; however, in practice the government did not respect these provisions, and arbitrary arrest and detention persisted.<br /><br />IV, Analysis on the Arbitrary Arrest and Detention Problems:<br />I analyze on this problem by making Comparison on Philippines against itself, Philippines and Indonesia, and Philippines and Laos in 2002 and 2006 base on Country report of each country:<br />-The comparison on Philippines against itself in 2002 and 2006:<br /> In 2002, there are many illegal arrest and detention during the year. It’s has 17 cases found by the CHR investigated and 36 cases of politically motivated arrests by the Government according on the TFDP documented. The TFDP and the NGO Philippine Human Rights Information Center has also estimated on the political prisoners in the country has around 200 cases as the total number during the year. For these numbers of the cases show that in 2002 the arbitrary arrest and detection problem were made by not only the police but also Philippines government.<br /> In Contrast, in 2006 there are 6.5 percent of detainees were able to post bail. During that time the file charges was increasing with the seriousness of the crime. And it’s also has a problem with the long period of pretrial detention, but the courts released 67 detainees who has gotten the maximum time of detection in the prison. Later on the two detainees were released under this circumstance.<br /> According on the information of the arbitrary arrest and detention problem at these two years in Philippines, we see that in 2002 the government or the courts did not do any act to solve these problems (arbitrary arrest and detention problem). However in 2006, we see that the courts had released many detainees who were kept in the prison with the illegal arrest and detention or no strong evidence. These also show that the arbitrary arrest and detention problems were decrease in 2006 to compare with that problem in 2002. <br />-The comparison between Philippines and Indonesia<br /> + The number of Arbitrary Arrest or Detention in 2002 (Country Report 2002)<br />In 2002, Indonesia country report did not mention about the case numbers or reliable statistics of the arbitrary arrest and detention problems in their country as Philippines country. But in fact, there are too many citizens who were arrest and detained without warrant by the police and other authorities during the year. For these problems were happened in some areas around the country such as in Aceh and Papua, police frequently and arbitrarily detained persons without warrants, charges, or court proceedings. In addition, even thought this report did not show the data of the cases number, but it was show about activity of the police (authorities) on the arbitrary arrest and detention<a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn2" name="_ftnref2">[2]</a>. <br />According to the report on these activities of the police on the arbitrary arrest and detention, it’s can mean that Indonesia has too many arbitrary arrest and detention cases but the government tried not to show clear on these cases number. If we compare it to Philippines, it’s hard for us to find the right balance. However we can say that the arbitrary arrest and detention cases in Indonesia are higher than Philippine, because Indonesia government is weak leadership<a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn3" name="_ftnref3">[3]</a> and has many populations number.<br /> + The number of Arbitrary Arrest or Detention in 2006(Country Report) <br /><br />-The comparison between Philippines and Laos<br /> + The number of Arbitrary Arrest or Detention in 2002(Country Report)<br /> + The number of Arbitrary Arrest or Detention in 2006(Country Report)<br /> <br />V, Conclusion<br />Reference:<br />Philippines country report in 2002 and 2006<br />Indonesia country report in 2002 and 2006<br />Laos country report in 2002 and 2006<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref1" name="_ftn1"></a>1, <a href="http://www0.un.org/cyberschoolbus/humanrights/declaration/9.asp" target="wpext">Freedom from Arbitrary Arrest and Exile</a>. Human Rights Law. <a href="http://cyberschoolbus.un.org/" target="wpext">United Nations Cyber Schoolbus</a> (2006-11-09). Retrieved on 2007-09-30.<br /><br /><a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref2" name="_ftn2">[2]</a> Indonesia country report 2002: In Aceh security forces routinely employed arbitrary arrest and detention without trial. On July 16, in Banda Aceh, local police took seven young members of the Acehnese Women’s Democratic Organization (ORPAD) into custody following a rally in which they expressed antigovernment views. The police released six of the seven women a day later, but continued to hold Raihana Diani, who helped organize the rally, through the end of the year. The authorities charged her with insulting the President, a violation of Articles 134 and 137 of the Criminal Code. On December 23, prosecutors demanded a sentence of 8 months. At year's end, Diani still was awaiting sentencing. On July 31, in Papua, Yanuarius Usi allegedly died in police custody as a result of mistreatment (see Section 1.c.). On September 26, police in Jakarta arrested and briefly detained anticorruption activist Azas Tigor Nainggolan. Tigor, Chairman of the Jakarta Residents Forum (FAKTA), allegedly slandered Jakarta Governor Sutiyoso by claiming that he had bribed city councilors.<br />On September 11, in southern Aceh, the TNI detained two foreign women in an area off limits to foreigners. The soldiers denied them Consular access and, according to the two women, punched and sexually harassed them. The TNI subsequently turned the two over to police, who transferred them to Banda Aceh, where they were charged with violating the terms of their tourist visas. On December 30, a court convicted them for violating the terms of their tourist visas, sentencing one to 4 months in prison and the other to 5 months.<br />On April 17, police in Jakarta released imprisoned Acehnese student leader Fasial Saifuddin, pending appeal of his 1-year sentence for "spreading hatred toward the state." Saifuddin, of the NGO SIRA, had demonstrated in front of the United Nations (U.N.) building in Jakarta; he had served approximately 6 months of his sentence. In November 2001, police in Banda Aceh released from detention student leader Kautsar Mohammed, who was held on the same charge as Saifuddin.<br /><br /><a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref3" name="_ftn3">[3]</a> Government generally has been unable to adequately address serious human rights abuses committed in the past. Inadequate resources, weak leadership, and limited accountability contributed to continued abuses by security force personnel, although with sharply reduced frequency and gravity than under past governments. The following human rights problems occurred during the year.<br /> </div>Stan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.com3tag:blogger.com,1999:blog-3082090175930175990.post-55871474091804907692008-02-01T03:06:00.000-08:002008-02-01T03:51:55.914-08:00Forced Child Labor in China, Cambodia and India<strong>Forced Child Labor in China, Cambodia and India</strong><br /><br />A Final Report<br />Prepared to<br /><br />By<br />KHIEV KANAL<br /><br /><br /><br />Submitted to: Prof. Stan Starygy<br /><br />Phnom Penh, January 2008<br /><br /><br /><br /><strong>Content<br /></strong><br /><strong>Chapter I: Introduction</strong><br />Overview of Child Labor<br />Objective of Paper<br />Scope and Limitation<br />Methodology<br />Definition of Key terms<br /><br /><strong>Chapter II: Legal Instrument related to Child Labor</strong><br />I. China<br />II. Cambodia<br />III. India<br /><br /><strong>Chapter III: Cause of Child Labor<br /></strong>I. Cause of Child Labor in China<br />1. Poverty<br />2. Drop out of school<br />3. Existence educational program<br /><br />II. Cause of Child Labor in Cambodia<br />1. Poverty and Being Orphaned<br />2. Drop out of School<br />3. Existence educational program<br /><br />III. Cause of Child Labor in India<br />1. Poverty<br />2. Drop out of School<br />3. Existence educational program<br /><br /><strong>Chapter IV: Government Policies and programs to eliminate the worst forms of child labor</strong><br />I. China<br />II. Cambodia<br />III. India<br /><br /><strong>Chapter V: Analysis</strong><br />I. Compare China against itself between 2001 and 2006<br />II. Compare China to Cambodia<br />III. Compare China to India<br /><div align="left"><br /><strong>Chapter VI: Conclusion</strong><br /><br />Bibliography<br /><br /><br /><strong> Forced Child Labor in China, Cambodia and India </strong></div><strong><div align="justify"><br />Chapter I : Introduction </strong></div><strong></strong><div align="justify"><br /><strong>1. Overview</strong><br />Kids are precious gift for the society, change them, and nursing them if we want to see them to be good resources for the country. As absolutely agreed that children is the next and important generation of any society hence protecting them and helping and nurture them in a good way is very crucial to the prosperity of society both at the present and the future. However, if the societies fail to taking care of them, those societies will challenge to suffer of human resources.<br />Children shall be treated differently from the adult in all sectors of work which is not harmful to their health. Although, the children are considered as the core human resource that could contribute to development of one country, there still popular in using child labor in some countries. The International Labor Organization has estimated that 250 million children who ages between 5 to 14 years are currently employed under hazardous </div><div align="justify">working condition around the world<a title="" style="mso-footnote-id: ftn1" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn1" name="_ftnref1">[1]</a>. Child labor is one of the obstacles that stop country from development. Therefore, this issue needs immediate action to solve. This reason approaches me to start research on this paper as a term paper for Human Rights and Its Evaluation class.<br /><br /><strong>2. Objective of paper</strong><br />This paper is done in order to compare Child Labor in 3 countries to see the different situation of child labor in those countries, and the government action in order to eliminate worst form of child labor in each country. This research is also prepared in purpose of extending knowledge of child labor that is helpful for my daily work with child issue.<br /><br /><strong>3. Scope and Limitation</strong><br />A whole paper will discuss on 3 selected countries in Asia such as China, Cambodia and India. China will be selected as a based country in this paper whereas Cambodia and India will be countries of comparison.<br /><br /><strong>4. Methodology</strong><br />Both primary source and secondary are used to start this report. A primary source such as Labor Law in Cambodia is used in section call legal instrument related to child labor. A secondary source for this report such as country report, document from internet, report from relevant government agencies or NGO that work with child issue, and report from ILO or regulations related child labor.<br />The method of comparison will be used to analyze this paper by compare based country against itself and to countries of comparison.<br />The reference of this paper will be notified in food note. The American Psychological Association Style (APA Style) will be used for citation as well as bibliography.<br /><br /><strong>5. Definition of Key terms</strong><br /><br /><strong>Child Labor</strong><br />The international definition of child labor can be found in ILO Convention 138, which states that child labor is any economic activity performed by a person under the age of 15<a title="" style="mso-footnote-id: ftn2" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn2" name="_ftnref2">[2]</a>. However, not all work is considered harmful to or exploitative of children. Child work can include performing light work after school, household chores, or legitimate apprenticeship program.<br />Moreover, child labor can be defined as work that prevents children from attending and participating effectively in school or is performed by children under hazardous conditions that place their healthy physical, intellectual or moral development at risk<a title="" style="mso-footnote-id: ftn3" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn3" name="_ftnref3">[3]</a>.<br /><br /><strong>Light Work</strong><br />The definition of " Light work" can be found in ILO Convention No. 138 which is defined as work that is not likely to harm the health or development of young person, and not such as to prejudice their attendance at school, their participation in vocational orientation or training programs approved by the competent authority or their capacity to benefit from the instruction received.<br /><br /><strong>Forced Labor<br /></strong>Forced labor is defined in ILO Convention No. 29 as "all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily<a title="" style="mso-footnote-id: ftn4" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn4" name="_ftnref4">[4]</a>".<br /><br /><strong>Domestic Servants<br /></strong>Domestic servants referred also to as domestic workers or child domestics, are children who work in other people's households doing domestic tasks, caring for children and running errands, among other tasks. Child domestics sometimes have live in arrangements, whereby they live in their employer's house and work full time in exchange for room, board, care and sometimes remuneration<a title="" style="mso-footnote-id: ftn5" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn5" name="_ftnref5">[5]</a>.<br /><br /><strong>Hazardous work<br /></strong>Hazardous work can be defined as "the minimum age for any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. <a title="" style="mso-footnote-id: ftn6" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn6" name="_ftnref6">[6]</a>"<br /><br /><strong>Bonded Labor</strong><br />Bonded Labor can be call as debt bondage which defined as "the status or condition arising from a pledge by a debtor of his personal services or those of a person under his control as security for a debt"<a title="" style="mso-footnote-id: ftn7" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn7" name="_ftnref7">[7]</a>.<br /><br /><br /><strong>Chapter II : Legal Instrument related to Child Labor</strong><br /><br /><strong>I. China:<br /></strong>China has ratified ILO Convention No.138 in 1999 that focused on the minimum age of employment. In 2002, China Government also ratified ILO Convention No. 182; deal with worst forms of child labor.<br />In term of domestic legislation, The Chinese Labor Law was adopted in … that prohibited employment of children under the age of 16 years old. This regulation also imposes punishment for employers and put more responsibility on the employing companies or factories to check the workers identification cards.<br />Beside this Labor Law, other regulation or notice were found related to child labor that currently enforce in China such as Law on the Protection of Minor, Regulations on the Prohibition of Child Labor and Notice on the Prohibition of Child Labor.<br /><br /><strong>II. Cambodia:<br /></strong>The Royal Government of Cambodia (RGC) has been demonstrating her commitment to combat the worst forms of child labor by promoting children’s education and improving the living conditions of Cambodian individuals. RGC has adopted laws and regulations to eliminate the exploitation forms of child labor and in particular the worst forms of child labor.<br />Cambodia signed the United Nations Convention on the Rights of the Child (CRC) in September 1992 and ratified in July 1993. Article 48 of the Cambodia Constitution adopted in 1993 also states “ The state shall project the rights of children as stipulate in the UN Convention on the Right of the Child, in particular the right to life, education, protection during wartime and protection from economic and sexual exploitation.”<br />In 1995, the International Program on the Elimination of Child Labor of the International Labor Organization (ILO-IPEC) began to provide support to Cambodia. At first, an action program that aimed at strengthen the capacity of the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation (MOSAVY) to address policy issues related to child labor was developed and implemented. The Government of Cambodia has sought initiatives that are preventive in nature focusing on the flow of children form rural to urban areas.<br />In January 1997, the National Assembly adopted a new labor code, which set the minimum age of employment at the age of 15<a title="" style="mso-footnote-id: ftn8" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn8" name="_ftnref8">[8]</a>. It stipulated that children age between ages of 12 to 15 can engage in light work provided that:<br />- the work is not hazardous to their health and psychological development<br />- the work will not affect their school attendance or their participation in vocational training programs approved by competent authorities.<br />It is further state in Article 181 that minors, whatever their sex, younger than 18 and still under<br />the responsibility of their parents or guardians, cannot engage in any type of work without the prior approval of their parents or guardians.<br />A sub decree issued in November 1995 established the Cambodian National Council for Children to serve as “the coordinating body for advocacy, planning, monitoring and implementing the provisions of the Convention on the Rights of the Child”. The MoSALVY plays a lead role in this council, which consists of relevant ministries and local institutions.<br />Beside domestic legal instrument, ILO Convention No. 138 was ratified by the government on 23 August 1999. In this current code, the minimum age of employment or work is set at “the age of completion of compulsory schooling and in any case not less than 15 years”. For light work the Convention sets that minimum age at 13 and for hazardous work at 18. However, in exceptional cases, which are specified in the Convention, the basic minimum age may be lower than 14, that can be age from 12-14 for light work and age 16 for hazardous work.<br /><br /><strong>III. India</strong><br />The Child Labor Act prohibits the employment of children under 14 years old and bars children from working in hazardous processes or dangerous operations, as identified by the Child Labor Act<a title="" style="mso-footnote-id: ftn9" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn9" name="_ftnref9">[9]</a> or the Factories Act of 1948.<br />In 1996, the India's Supreme Court established a penalty of 20,000 rupees for person who employed children in hazardous industries<a title="" style="mso-footnote-id: ftn10" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn10" name="_ftnref10">[10]</a>. The enforcement of child labor laws falls under the jurisdiction of state level labor ministries.<br />The Prevention of Immoral Trafficking Act 1986 is the principle law applied to trafficking in children and prostitution. India has not ratified ILO Convention No. 138 or ILO Convention 182<a title="" style="mso-footnote-id: ftn11" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn11" name="_ftnref11">[11]</a>. </div><div align="justify"><br /><strong>Chapter III : Cause of Child Labor<br /></strong><br />The International Labor Organization has estimated that 250 million children between the ages of 5 to 14 work in developing countries and at least 120 million children work full time<a title="" style="mso-footnote-id: ftn12" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn12" name="_ftnref12">[12]</a>. 61% of these were in Asia, 32% in Africa and 7% in Latin America.<br />ILO also show that of the estimated 250 million working children around the world, most are found in the informal sector where they do not have any legal or regulatory protection:<br />70% are in agriculture, commercial sector and fishing or forestry<br />8% are in manufacturing<br />8% are in wholesale and retail trade, restaurant and hotels<br />7% are in community, social and personal services such as domestic work<br />8.4 million Children are trapped in slavery, trafficking, debt bondage, prostitution, pornography and other illicit activities.<br />1.2 million Children have been a victim of trafficking.<br />This amount is very high number that could be question on what causes of child labor?<br /><br /><strong>I. Cause of Child Labor in China<br />1. Poverty<br /></strong>China, poverty is considered as one of problem that cause child labor. 34% of the total population of China lives under poverty line<a title="" style="mso-footnote-id: ftn13" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn13" name="_ftnref13">[13]</a>. For the poor, they won't be able to send their children to school because they can help them to earn money. Most of them help their parents with agriculture sector such as grow rice, tea collection. The majority of girl will do domestic work because her mother has to find out door work to support their daily expense.<br /><br /><strong>2. Drop out of School<br /></strong>Children is about 30% of total population because the grow rate is too slow, about 0.6% in 2006. The most significant number of drop out of school was shown with differences statistic. The official report had figured that secondary school drop out is 2.49%<a title="" style="mso-footnote-id: ftn14" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn14" name="_ftnref14">[14]</a>. In according to one research conducted by the Northeast Normal University, the figure is above 40%. These students are age 14 or 15 and employment is the only option that cause them to drop out of school.<br /><br /><strong>3. Existence Educational Program</strong><br />One existence educational program entitled "Work and Study" was recognized as one of the program that established by Chinese government which drive to forced child labor. This program was not recorded clearly on when it was established. However, more than 400,000 middle and junior high schools, which are age between 12 to 16 years old, were sent to train in agricultural and manufacturing plot<a title="" style="mso-footnote-id: ftn15" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn15" name="_ftnref15">[15]</a>. All of children who were sent to join this program must work from 8am to 11pm with 2.4 yuan per hour. The same resource show that in 2004, the proceed of work and study program generated 10 billion yuan to government.<br />The majority of students who from poor family that was sent to school, parents had signed contract with school so they can attend school without any payment<a title="" style="mso-footnote-id: ftn16" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn16" name="_ftnref16">[16]</a>. However, on summer vocation those students will send to differences factories to earn money to pay for their debt<a title="" style="mso-footnote-id: ftn17" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn17" name="_ftnref17">[17]</a>. According to a Chinese Women News's report in 1996, 73.5% of child labor was girls who average wage is around 400-600 yuan without other benefit such as medical care, social security payment. Beside this, Child workers are scare to make complaint because they feel they need to work in order to support their families<a title="" style="mso-footnote-id: ftn18" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn18" name="_ftnref18">[18]</a>.<br /><br /><strong>II. Cause of Child Labor in Cambodia<br />1. Poverty and Being Orphaned</strong><br />Being orphaned would relate to the increase of people died by HIV/AIDS. The National Aids<br />Authority and the National Center for HIV/AIDS and Dermatology reported that the amount of people dying from AIDS has increased from 19,305 persons in 1997 to 78,653 in 2004. This rise death left 60,000 orphans causing a big social problem for the government<a title="" style="mso-footnote-id: ftn19" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn19" name="_ftnref19">[19]</a>. Many of them are deserted and uncared for by communities and relatives, which lead them to give up school and find a job to earn for their living as well as to feed their younger sisters or brothers.<br />Poverty is another factor that pushes children to work especially as child domestic worker. About 36% of total population of Cambodian people who live under poverty<a title="" style="mso-footnote-id: ftn20" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn20" name="_ftnref20">[20]</a>. Among 3,119 child domestic workers, there are 27,950 child domestic workers who come from province to work in Phnom Penh in which 48% are male and 52% are female<a title="" style="mso-footnote-id: ftn21" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn21" name="_ftnref21">[21]</a>.<br /><br /><strong>2. Drop out of School<br /></strong>Drop out of school is also considered thoroughly as one of the reason that cause child labor. This point also links to poverty. If the family is poor, so their children would not have chance to be sent to school. In total of 5273 children<a title="" style="mso-footnote-id: ftn22" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn22" name="_ftnref22">[22]</a>, 891 children decided to drop school because their families need more income. The amount of 1588 children shows that their parents can’t pay for their education. Other 84 children admit they don’t want to go to school and 66 children show that the school is too far so better off to work. The rest 1212 children absolutely reveal that they work to exchange for meal.<br /><br /><strong>3. Existence Educational Program</strong><br />In Cambodia, the existence educational program that causes child labor is not existed. Government always encourages parents to send their children to school with free education although the number of drop out of school still recognize.<br /><br /><strong>III. Cause of Child Labor in India<br />1. Poverty<br /></strong>In India, the percentage of the population of India living in poverty is high. In 1990, 37% of the urban population and 39% of the rural population was living in poverty<a title="" style="mso-footnote-id: ftn23" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn23" name="_ftnref23">[23]</a>. Families need money to survive, and children are a source of additional income. Poverty itself has underlying determinants, one such determinant being caste. This caste was analyzed, it was observed that if these figures are compared with the caste structure of the country, it would be realized that a comparatively higher proportion of scheduled cast children work at a younger age for their own and their families income<a title="" style="mso-footnote-id: ftn24" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn24" name="_ftnref24">[24]</a>. Base on Human Right Watch in 1996; show what that between 60 and 115 million working children in India which is the highest in the world and 63.74% of the total working children said that poverty was the reasons push them to work.<br />The combination of poverty and the lack of a social security form the basis of the even cruel type of child labor: bonded child labor. For the poor, there are few sources of bank loans, governmental loans or other credit sources. If there are source and even if the sources are available, few Indians living in poverty quality. Some parents exchanged their child labor to local moneylender. Since the earning of bonded child labors are less than the interest on the loans, these bonded children are forced to work harder, while the interest on their loans are always accumulated.<br />Even though children are paid less than adults, whatever income they earn is for benefit to poor families. Thus poverty, the lack of adequate and accessible source of credit forces poor parents to engage their children in the harsher form of child labor especially bonded child labor.<br /><br /><strong>2. Drop out of school<br /></strong>The constitution of India provides for free, compulsory education for children between the ages of six to 14 years of age. However, the government didn’t enforce this provision. In practice, children in poor and rural areas often did not attend school.<br />In India, dropout rates is measured by the Department of Education show that 35% of male and 39% of female were dropped out from school. Under SSA, the government had thoroughly conducted the base line survey, identified approximately 194 million out of school children between 6-13 years old. SSA covers all school in the county. Under SSA, 40% of 34 million children who age from 6 to 14 years old remain out of school<a title="" style="mso-footnote-id: ftn25" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn25" name="_ftnref25">[25]</a>.<br />Some child abuse in both private and public educational institutions was a problem. For example, in February 2005, there was a case where a principal of government school along with three others in northwest Delhi were arrested and in charge of rape a 16 years old student. In August 2005, a school teacher in Doda village in Jammu and Kashmir threw acid on several students to punish them. One student suffered 70% burn and lost his left eye. Another case was found in December 2005 after money disappeared from school; the principal of a primary school in Tamil Nadu forced seven students to prove their innocence by placing their palms over candle flames. The parents of those child abuses, stop sending their child to school because of scare and some parents feel that a formal education is not beneficial, their children learn to work or skill through labor at a young age would be better than send them to school<a title="" style="mso-footnote-id: ftn26" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn26" name="_ftnref26">[26]</a>. </div><div align="justify"><br /><strong>3. Existence Educational Program<br /></strong>In India, the existence educational program that contributes to child labor is not occurred.<br /></div><div align="justify"><strong>Chapter IV : Government policies and programs to eliminate the worst forms of child labor</strong><br /><br /><strong>I. China</strong></div><div align="justify"> The government supported children's rights and welfare through well-funded systems of public education, medical care, and protective services. The Education Department provided schooling for children between six and 15 years old and placement services for non-Chinese speaking children<a title="" style="mso-footnote-id: ftn27" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn27" name="_ftnref27">[27]</a>. Nearly 100% of school age children attended school, and boys and girls are equal proportions.<br />Moreover, the government provides parents education programs in all 50 of the Department of Health's maternal and child health centers, which included instruction on child abuse prevention. It also provided public education programs to raise awareness of child abuse and alert children about how to protect themselves. The Social Welfare Department provided child psychologists for its clinical psychology units and social workers for its family and child protective services units. The department also cooperates with police to maintain a child abuse investigation unit and child witness support program.<br />In September 2005, the UN Committee on the Rights of the Child (UNCRC) recommended that the government create a single unified law or policy pertaining to children, establish a body representing children's views, ban corporal punishment, establish poverty line, abolish life sentences for minors, and increase funding for child welfare programs.<br />Chinese Government provided legal aid to take action against employers who employed children and immunity from prosecution for those who assist in the investigation and prosecution of traffickers. The Social Welfare Department and local NGOs also provided a selection of social services to victim of trafficking.<br /><br /><strong>II. Cambodia<br /></strong>The Government of Cambodia has been a member of ILO-IPEC since 1996. The government has adopted national action plans for children's issues<a title="" style="mso-footnote-id: ftn28" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn28" name="_ftnref28">[28]</a> to combat the trafficking and sexual exploitation of children<a title="" style="mso-footnote-id: ftn29" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn29" name="_ftnref29">[29]</a>. Under co-operation with Cambodian government, ILO-IPEC projects and USDOL funded had been run in Cambodia through purpose to remove and eliminate hazardous work of children engaged in child labor in the brick factories, commercial rubber farms, salt production, and fishing sectors processing centers in Cambodia<a title="" style="mso-footnote-id: ftn30" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn30" name="_ftnref30">[30]</a>. Moreover, with financial support from ILO-IPEC, the government of Cambodia organized training on child labor for labor inspectors and awareness raising programs through radio broadcasts<a title="" style="mso-footnote-id: ftn31" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn31" name="_ftnref31">[31]</a>.<br />The Ministry of Social Affairs, Labor Vocational Training and Youth Rehabilitation (MOSAVY) works with UNICEF and IOM to return trafficking children to their homes. What is more, a join project with the Ministry of Interior, UNICEF, IOM, World Vision, the United Nations Cambodia Office of the High Commission for Human Rights and Redd Barna designed training to police to combat sexual exploitation and produced some material as a sign of combat sexual exploitation on children<a title="" style="mso-footnote-id: ftn32" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn32" name="_ftnref32">[32]</a>.<br />Furthermore, the Government of Cambodia also works with different donors and Non-governmental Organization on education sector, focuses on improving the quality of education and access to primary school. ILO-IPEC is currently working with the government to create a non-formal education program for former child workers. The Ministry of Education, Youth and Sport (MOEYS) also begin a Priority Action Program in 10 provincial towns, charging no school fees and provide educational materials<a title="" style="mso-footnote-id: ftn33" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn33" name="_ftnref33">[33]</a>. Non-Formal Education Department within MOEYS focuses on distribution of tailored education services to meet the needs of people of all ages. The Asian Development Bank supported projects to design and print new primary school textbooks, and assist MOEYS in developing a basic education plan that the meet the need of the poor<a title="" style="mso-footnote-id: ftn34" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn34" name="_ftnref34">[34]</a>. In addition, the World Bank is facilitating MOEYS's development of a participatory approach to improve school quality and performance through the effective management of available resource and provide assistance for the construction of schools in rural area in 1999<a title="" style="mso-footnote-id: ftn35" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn35" name="_ftnref35">[35]</a>. At that time, MOEYS set out a goal for 75% of all primary schools to have complete range of classes through grade 6 by 2004. As result, 48% of schools meet this expected result<a title="" style="mso-footnote-id: ftn36" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn36" name="_ftnref36">[36]</a>.<br />The MOSAVY’s Action Program 2004-2008 places strong emphasis on child welfare and protection. The goals of this program is to combat child labor and trafficking, develop national plans, and improve enforcement mechanisms for violators of child labor and trafficking laws<a title="" style="mso-footnote-id: ftn37" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn37" name="_ftnref37">[37]</a>. In addition, the Government of Cambodia is undertaking a final assessment of her first 5 years plan against trafficking, and sexual exploitation of children in order to finalize and implement her second 5 years plan from 2006 to 2010<a title="" style="mso-footnote-id: ftn38" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn38" name="_ftnref38">[38]</a>.<br />Along site with Burma, Lao, the People's Republic of China, Thailand and Vietnam, Cambodia is signatory to the "Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT)". The COMMIT activities were funded to ensure the legal, social and community protection of victims of trafficking, build comprehensive response involving all relevant ministries and strengthen the capacity of persons to combat crime of trafficking<a title="" style="mso-footnote-id: ftn39" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn39" name="_ftnref39">[39]</a>.<br />Beside of this measurement, there are several government agencies that start up their programs to address the needs of children vulnerable to exploitation in the worst forms of child labor. Those ministries are:<br />The Ministry of Tourism continues to work with the ILO to promote "Child Safe" tourism policies to prevent trafficking of women and children for labor and sexual exploitation<a title="" style="mso-footnote-id: ftn40" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn40" name="_ftnref40">[40]</a>.<br />The Ministry of Interior operates an anti-trafficking hotline<a title="" style="mso-footnote-id: ftn41" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn41" name="_ftnref41">[41]</a>.<br />MOSAVY works with UNICEF and IOM to return trafficking children to their homes.<br />The MOWA lunched an anti-trafficking information campaign in 5 northeastern provinces in January 2006<a title="" style="mso-footnote-id: ftn42" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn42" name="_ftnref42">[42]</a>.<br />The Government of Cambodia is participating in a USD 4.75 million USDOL-Funded Time<br />bound Program supported by ILO-IPEC to eliminate child labor in specified worst form of child labor and created a platform for eliminating all forms of child labor. The program targets children involved in brick making, rubber making, domestic work, salt production, fish processing and services. It targets 7270 children to be withdrawn from work and 8660 to be prevented from engaging in child labor<a title="" style="mso-footnote-id: ftn43" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn43" name="_ftnref43">[43]</a>. The<br />government also participating in a 4 years project of USDOL funded 3 million that focuses on<br />providing education opportunities to children who have been trafficked<a title="" style="mso-footnote-id: ftn44" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn44" name="_ftnref44">[44]</a>.<br />The US Presidential Anti-Trafficking n Persons Initiative allocated USD 5.6 million to support programs to combat trafficking in Cambodia in 2006<a title="" style="mso-footnote-id: ftn45" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn45" name="_ftnref45">[45]</a>. In August 2006, USAID committed USD 4.5 million over three years to combat trafficking<a title="" style="mso-footnote-id: ftn46" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn46" name="_ftnref46">[46]</a>. Other funds from AusAID is also providing funding for several activities in Cambodia such as the "Mobilizing Communities for Child Protection" project and "A Child Safe Cambodia" project that will work to protects the rights of children against commercial sexual exploitation and abuse. These two projects will last until 2010 with USD 3.0 million funds<a title="" style="mso-footnote-id: ftn47" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn47" name="_ftnref47">[47]</a>.<br /><br /><strong>III. India<br /></strong>In 1987, the Government of India adopted a National Policy on Child Labor, under National Child Labor Projects that were initiated in 12 states with a high proportion of working children<a title="" style="mso-footnote-id: ftn48" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn48" name="_ftnref48">[48]</a>. According to Indian Government, 94 child labor projects were established by February 2001<a title="" style="mso-footnote-id: ftn49" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn49" name="_ftnref49">[49]</a>. The main purpose of those projects focused on non-formal education, health, and nutrition and poverty alleviation. Projects are implemented by NGOs and the government provides up to 75% of project costs. Under these efforts, 1,800 non-formal schools have opened and approximately 105,000 children have been enrolled<a title="" style="mso-footnote-id: ftn50" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn50" name="_ftnref50">[50]</a>.<br />In 1992, India became one of the six original countries to participate in ILO-IPEC. The program has created broad ranging and multi sectoral efforts to rescue, remove and rehabilitate children from child labor. The ILO-IPEC program, which has reached more than 90,000 children in India since its start, was renewed for a further two years. In 2001, USDOL collaborated with the Government of India to fund a USD 40 million ILO-IPEC project to eliminate child labor in 10 hazardous sectors in the states of Madhya Pradesh, Maharastra, Tamil, Nadua and Uttar Pradesh<a title="" style="mso-footnote-id: ftn51" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn51" name="_ftnref51">[51]</a>.<br />The Ministry of Human Resource Development operates programs that target pre-school aged children in nine states with low education statistics, facilitate universal primary education focusing on improving the quality, and provide non-formal education programs for children with special needs including working children<a title="" style="mso-footnote-id: ftn52" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn52" name="_ftnref52">[52]</a>. A program entitled Sarva Shiksha Abhiyan (SSA) is created under control of Ministry of Education that aim to achieve universal elementary education for all children between the ages of 6 and 14 by 2010<a title="" style="mso-footnote-id: ftn53" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn53" name="_ftnref53">[53]</a>.<br />In 2003, India's National Charter for Children enshrines the country's commitments to protect children from hazardous child labor and to provide universal access to primary education with focus on children with special needs<a title="" style="mso-footnote-id: ftn54" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn54" name="_ftnref54">[54]</a>. The National Child Labor Projects were established and operated in district with high incidence of hazardous labor to identify working children, withdrawn them from those condition and provide non-formal education, vocational training and nutrition supplement. These projects have been established in 250 districts and more than 37000 schools<a title="" style="mso-footnote-id: ftn55" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn55" name="_ftnref55">[55]</a>.<br />The Government of India and USDOL jointly fund and collaborate on the USD 40 million to run INDUS project, which target 80,000 children for withdrawal from work in 10 hazardous sectors such as bidis, brassware, bricks, fireworks, footwear, glass bangles, locks, matches, quarrying, and silk. The national and state governments collaborate on a program to rescue and rehabilitate bonded laborers, which includes surveys to identify bonded laborers, as well as training and education for each rescued bonded laborers, and awareness raising activities<a title="" style="mso-footnote-id: ftn56" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn56" name="_ftnref56">[56]</a>. The government’s Plan of Action to Combat Trafficking and Commercial Sexual Exploitation of Women and Children commits both the national and state governments to legal and regulatory reform, law enforcement, public awareness programs and rescue, rehabilitation and reintegration of victims<a title="" style="mso-footnote-id: ftn57" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn57" name="_ftnref57">[57]</a>. In August 2006, the government ratified the UN Convention on the Rights of the Child Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. In addition, the Department of Education’s Education Guarantee Scheme and Alternative and Innovative Education Program provides non-formal education to out of school children, including child laborers<a title="" style="mso-footnote-id: ftn58" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn58" name="_ftnref58">[58]</a>.<br /></div><div align="justify"><strong>Chapter V : Analysis</strong><br /><br /><strong>I. Compare China against Its self<br /></strong>The data from year 2001 and year 2006 will be used to make comparison China against itself. In 2001, there were 11,575,000<a title="" style="mso-footnote-id: ftn59" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn59" name="_ftnref59">[59]</a> (3%) children who work in China in which 5,661,000 girls and 5,914,000 boys. All of these children are economically active children and child laborer who age is between 10 to 14 years old. In 2006, the number of child who engages in work is found 9,224,000 children in which 4,469,000 are girl and 4,755,000 are boy.<br />The number above show the slightly decrease between year 2001 and 2006. This can be reason from Chinese Government who tried to implement the UNCRC and China Labor Law. As example, some employers were fined $6000 and sentence up to 3 years imprison of employ child labor<a title="" style="mso-footnote-id: ftn60" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn60" name="_ftnref60">[60]</a>.<br /><br /><strong>II. Compare China to Cambodia<br /></strong>In term of population China will be higher than Cambodia. Population of Children who is under 18 years old in China is 380,430,000<a title="" style="mso-footnote-id: ftn61" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn61" name="_ftnref61">[61]</a> where as Cambodia is 5,243,000<a title="" style="mso-footnote-id: ftn62" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn62" name="_ftnref62">[62]</a>. In 2001, 616,023 (12%) children work under hazardous working condition who age between 10 to 14 years old in Cambodia. In compare to China, the number in Cambodia is higher then China (3%)<br />In 2006, the number of child labor in Cambodia is decreased to 284,529 (5%). It is almost 3 times lower than statistic in 2001. To compare Cambodia to China, we can see that Cambodia still higher than China because Chinese Government didn't cooperate with international agency to start any projects to combat worst form of child labor in its country. What is more, China just ratified ILO Convention No.182 in 2002, so it is very new for China to take action to combat worst form of child labor. It requires long time to make the situation better.<br /><br /><strong>III. Compare China to India</strong><br />The population of children who is under 18 years old is 389,306,000 in which 20 million working children who age between 10 to 14 years old<a title="" style="mso-footnote-id: ftn63" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn63" name="_ftnref63">[63]</a>. In compare to China, India is worst then China in year 2001. However, the amount of 20 million working children in India is reduced to 13,157,000<a title="" style="mso-footnote-id: ftn64" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftn64" name="_ftnref64">[64]</a> in 2006 where as 9,224,000 working children were found in China at the same year. It clearly shows that between China and India, India is higher than China. However, India Government takes thoroughly action to combat worst form of child labor in its country. The number between 2001 and 2006 indicated that Indian Government is straightly forward to achieve positive result of eliminate worst form of child labor, although the number still higher in compare to China.<br /><br /><strong>Chapter VI : Conclusion</strong><br /><br />From the analysis above, we can see that the country that has high number of using child labor is China. The best country that commit to reduce worst form of child labor is India where as Cambodia is in the middle between China and India. </div><div align="justify"> </div><div align="justify">For India, the government pays more attention to join hand with international agency such ILO-IPEC to take action to eliminate worst form of child labor. As result, the number of child labor is reduced within 5 years period that is a sign of positive result. For China, the government is starting to take action to combat worst form of child labor. However, it will take long time to resolve this problem since it just ratified ILO Convention No.182. Although, the number of child labor is reduced slowly but it shows that Chinese government did not stand still longer. This result indicates that start point of Chinese government in order to reach the goal of eliminate worst form of child labor in its country. As analysis shows that Cambodia is in the middle between China and India. This comparison also reveals that the number of child labor is decreased between 2001 and 2006. This achievement indicates the positive feedback to government policy and programs that designed in purpose to reduce hazardous working condition on children. Government starts to show his willingness to combat worst form of child labor in her country buy cooperated with international agencies to design some projects aim to make child labor situation better. </div><div align="justify"><br />All in all, child labor will be decreased in the future if each government thoroughly taking care of this issue. What is more, joining hand with other countries or international agencies will show the high commitment of government to start up their plan to combat worst form of child labor. </div><div align="left"><br /><strong>Bibliography</strong><br />- Australian Agency for International Development (AusAid), Aid Activities in Cambodia. Retrieved January 2, 2008 from http://www. ausaid.gov.au/country/cbrief.cfm?DCon=1061_5593_9716_8236_8498.<br />- Child Labor. 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ILO-IPEC, Project Document: Training on Child Labor to relevant key person in Cambodia, 1999<br /><a title="" style="mso-footnote-id: ftn32" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref32" name="_ftn32">[32]</a> Cambodia Country Paper, at the ILO/Japan Asia Meeting on the Trafficking of Children for Labor and Sexual Exploitation, 2001<br /><a title="" style="mso-footnote-id: ftn33" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref33" name="_ftn33">[33]</a> Non-Formal Education: Department of Non-Formal Education of Ministry of Education, Youth and Sports, 2000<br /><a title="" style="mso-footnote-id: ftn34" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref34" name="_ftn34">[34]</a> Cambodia Education Sector Development Plan, available from http://www.adb.rog/Documents/Profiles?PPTA/33396072.ASP<br /><a title="" style="mso-footnote-id: ftn35" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref35" name="_ftn35">[35]</a> The World Bank and Cambodia available from http://wbln0018.wordbank.org/eap/eap.nsf/236c318fc341033852567c 9006baf9a/ a327463333316f90852567d700792a4c?OpenDocument<br /><a title="" style="mso-footnote-id: ftn36" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref36" name="_ftn36">[36]</a> Education in Cambodia (Phnom Penh: Ministry of Education, Youth and Sport's Department of Planning, July 199)<br /><a title="" style="mso-footnote-id: ftn37" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref37" name="_ftn37">[37]</a> Veterans and Youth Rehabilitation (MOSAVY) Kingdom of Cambodia's, Ministry of Social Affair, Action Program 2004-2008<br /><a title="" style="mso-footnote-id: ftn38" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref38" name="_ftn38">[38]</a> ILO, Cambodia Reviews Five Years of Counter Trafficking Efforts-Prepares for New Plan of Action, May 19, 2005 available from http://www.ilo.org/public/english/region/asro/bangkok/child/trafficking/index.htm<br /><a title="" style="mso-footnote-id: ftn39" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref39" name="_ftn39">[39]</a> Two agreements were signed on May 29, 2006, pledging USD 1.8 million to the COMMIT process, available from http://www.humantrafficking.org/updates/349<br /><a title="" style="mso-footnote-id: ftn40" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref40" name="_ftn40">[40]</a> Ministry of Tourism and ILO team up to advocate promotion of "Child Safe" tourism policies to prevent trafficking in children and women, September 22,2005 available from http://www.ilo.org/public/enlish/region/asro/bangkok/child/trafficking/downloads/ camtourismnews.pdf<br /><a title="" style="mso-footnote-id: ftn41" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref41" name="_ftn41">[41]</a> Ministry of Interior, hotline project was established in 2006. The hotline is opened 24 hour in order to help or intervention trafficking of children.<br /><a title="" style="mso-footnote-id: ftn42" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref42" name="_ftn42">[42]</a> Rakmey Kampuchea newspaper, No. 195, January 2006<br /><a title="" style="mso-footnote-id: ftn43" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref43" name="_ftn43">[43]</a> ILO-IPEC, Support to the Cambodian National Plan of Action on the Elimination of the Worst forms of Child Labor: A Time bound approach, September 2004.<br /><a title="" style="mso-footnote-id: ftn44" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref44" name="_ftn44">[44]</a> World Education: Combating Child Trafficking and Commercial Sexual Exploitation through Education in Cambodia, March 2006.<br /><a title="" style="mso-footnote-id: ftn45" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref45" name="_ftn45">[45]</a> U.S Embassy-Phnom Penh, reporting, August 2006.<br /><a title="" style="mso-footnote-id: ftn46" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref46" name="_ftn46">[46]</a> US promises funding to counter human trafficking in Cambodia, January 31,2007 available from http://www.humantrafficking.org/updates/442<br /><a title="" style="mso-footnote-id: ftn47" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref47" name="_ftn47">[47]</a> Australian Agency for International Development (AusAid), Aid Activities in Cambodia available from http://www. ausaid.gov.au/country/cbrief.cfm?DCon=1061_5593_9716_8236_8498.<br /><a title="" style="mso-footnote-id: ftn48" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref48" name="_ftn48">[48]</a> Child Labor and India, Embassy of India, Washington D.C available from http://indianembassy.org/policy/ Child_labor/childlabor.htm<br /><a title="" style="mso-footnote-id: ftn49" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref49" name="_ftn49">[49]</a> Social Sector-Labor and Employment, Economic Survey 2000-2001 (India: Ministry of Finance, February 2001) available from http://www.indiabudget.nic.in/es2000-01/social.htm<br /><a title="" style="mso-footnote-id: ftn50" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref50" name="_ftn50">[50]</a> Lakshmidhar Mishra, Child Labor in India, April 2000<br /><a title="" style="mso-footnote-id: ftn51" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref51" name="_ftn51">[51]</a> In August 2000, the Indian Ministry of Labor and USDOL signed a Joint Statement agreeing to collaborate on an ILO-IPEC project to prevent and eliminate child labor in 10 hazardous sectors such as bidis, brassware, bricks, fireworks, footwear, glass bangles, locks, matches, quarrying and silk. Each government is contributing USD 20 million to the project, which will target 80,000 children. Project activities are expected to begin in early 2002. Child labor prevention and withdrawal activities will be implemented through the government's National Child Labor Program.<br /><a title="" style="mso-footnote-id: ftn52" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref52" name="_ftn52">[52]</a> UN Committee on the Rights of the Child, Country Report-India available from http://wcd.nic.in/CRCFEBmr.htm<br /><a title="" style="mso-footnote-id: ftn53" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref53" name="_ftn53">[53]</a> Sarva Shiksha Abhiyan Progarm (India: The Ministry of Education, 2001)<br /><a title="" style="mso-footnote-id: ftn54" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref54" name="_ftn54">[54]</a> Ministry of Women and Child Development, National Charter for Children available from http://wcd.nic.in/nationalcharter2003.doc.<br /><a title="" style="mso-footnote-id: ftn55" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref55" name="_ftn55">[55]</a> Ministry of Labor and Employment, Efforts to Eliminate Child Labor available from http://labour.nic.in/cwl/CIPolicy.htm.<br /><a title="" style="mso-footnote-id: ftn56" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref56" name="_ftn56">[56]</a> Ministry of Labor and Employment, Annual Report of the Ministry of Labor,2006<br /><a title="" style="mso-footnote-id: ftn57" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref57" name="_ftn57">[57]</a> “Dealing with Trafficking in Person” available from http://www.state.gov/p/sca/rls/rm/17900.htm.<br /><a title="" style="mso-footnote-id: ftn58" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref58" name="_ftn58">[58]</a> Ministry of Human Resource Development-Department of Education, Education Guarantee Scheme and Alternative and Innovative Education available from http://www.education.nic.in/htmlweb/edu_guarantee_sch/edu_guarantee_back.htm.<br /><a title="" style="mso-footnote-id: ftn59" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref59" name="_ftn59">[59]</a> Country with report of child labor available from http:///hrw.org/children/labor.htm<br /><a title="" style="mso-footnote-id: ftn60" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref60" name="_ftn60">[60]</a> Child Labor in China available from http://www.state.gov/g/drl/rls/hrrpt/2001/eap/8289.htm<br /><a title="" style="mso-footnote-id: ftn61" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref61" name="_ftn61">[61]</a> Profile of China available from http://www.state.gov/r/pa/ei/bgn/18902.htm<br /><a title="" style="mso-footnote-id: ftn62" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref62" name="_ftn62">[62]</a> Cambodia Population available from http://www.airninja.com/worldfacts/countries/Cambodia/population/htm<br /><a title="" style="mso-footnote-id: ftn63" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref63" name="_ftn63">[63]</a> Country with report of child labor available from http:///hrw.org/children/labor.htm<br /><a title="" style="mso-footnote-id: ftn64" href="http://www.blogger.com/post-create.g?blogID=3082090175930175990#_ftnref64" name="_ftn64">[64]</a> Country Reports on Human Rights Practice-2006 released by the Bureau of Democracy, Human Rights and Labor March 6,2007 available from http://www.state.gov/g/drl/rsl/hrrpt/2006/78871.htm</div>Kanalhttp://www.blogger.com/profile/17656860176090600423noreply@blogger.com3tag:blogger.com,1999:blog-3082090175930175990.post-41799457264693878902008-01-29T05:28:00.001-08:002008-01-29T05:29:42.462-08:00ReminderDear All,<br /><br />This is just to remind everyone that the deadline for submission of final papers is February, 1 and the subsequent deadline for submission of comments on the final papers is February, 5.<br /><br />StanStan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.com0tag:blogger.com,1999:blog-3082090175930175990.post-20369124710976501312008-01-11T00:45:00.001-08:002008-01-11T00:45:48.518-08:00Hi deardsfdsfsdfsd<br />dxfsdgdfgdf<br />fdgfhgfhghfgsrinna tyhttp://www.blogger.com/profile/09965821428976989100noreply@blogger.com0tag:blogger.com,1999:blog-3082090175930175990.post-10425026780292120092008-01-11T00:43:00.000-08:002008-01-11T00:44:54.793-08:00sdfsdfsdfxgsdgdfgffgsrinna tyhttp://www.blogger.com/profile/09965821428976989100noreply@blogger.com0tag:blogger.com,1999:blog-3082090175930175990.post-47900506290596763042008-01-03T08:01:00.000-08:002008-01-03T08:04:25.117-08:00GreetingsHi everyone,<br /><br />Please, send me your email -- preferrably a gmail one -- once you get to this page. I will then send you an invitation that will enable you to register as an author on this blog. From there on out you will be able to post as you see fit and at any time you desire.<br /><br />StanStan Staryginhttp://www.blogger.com/profile/00960159815221006813noreply@blogger.com0