Pisey's Paper

Chapter 1

Introduction

Overview
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[1].
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.
Purpose of Study
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.

Methodology
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[2]—, 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.

Definition of Trafficking in Person
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:
"(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."[3]

















Chapter 2

Trafficking in Persons
Country Reports on Human Rights Practices - 2006Released by the Bureau of Democracy, Human Rights, and LaborMarch 6, 2007
China (includes Tibet, Hong Kong, and Macau)
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.
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.
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.
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.
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.[4]
Burma
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.
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.
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.
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.
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.
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.
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.[5]
Cambodia
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.
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.
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.
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.
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.
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.[6]











Chapter 3

Population

China
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[7]. The number of population is 1,321,851,888 (2007)[8].
Burma
The Burma's population is now 42,238,224[9].

Cambodia
The total number of population of Cambodia is 13, 363,421[10].










Chapter 4

Actions Taken
China
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[11].
Burma
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[12].
Cambodia
According to the Cambodian Ministry of Interior, 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.
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[13].




















Chapter 5

Analysis

5.1. Action taken by China
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.

5.2. Action taken by Burma
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.

5.3. Action taken by Cambodia
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.

5.4. Comparison to Burma
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.

5.5. Comparison to Cambodia
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.

Conclusion
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.


[1] http://www.china.org.cn/english/government/235708.htm (Date of visit January 31 2008)
[2] http://www.humantrafficking.org/countries/china (Date of visit January 31 2008)

[3] http://www.state.gov/g/tip/rls/tiprpt/ (Date of visit January 31 2008)
[4] http://www.state.gov/g/drl/rls/hrrpt/2006/78771.htm
[5] http://www.state.gov/g/drl/rls/hrrpt/2006/78768.htm (Date of visit Jan.31, 2008)
[6] http://www.state.gov/g/drl/rls/hrrpt/2006/78769.htm
[7] http://findarticles.com/p/articles/mi_hb3211/is_200412/ai_n18529413 (Date of visit Feb.1, 2008)
[8] http://wikitravel.org/en/China#Regions (Cited on Feb. 01, 2008)
[9] http://www.multied.com/nationbynation/Burma/Population.html
[10] http://athaia.org/cambodia-population.html
[11] http://www.humantrafficking.org/countries/china
[12] http://www.humantrafficking.org/countries/burma
[13] http://www.humantrafficking.org/countries/cambodia

Srinna's Paper

MA Class
Prof. Stan
Student: Ty Srinna

Arbitrary Arrest or Detention


I, Introduction:

-Definition of Arbitrary Arrest or Detention:
Arbitrary arrest and detention is the arrest and detention of an individual in a case in which there is no likelihood or evidence that he or she committed a crime against legal statute, or in which there has been no proper due process of law[1].
II, Methodology
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.

III, Situation in Philippines, Indonesia and Laos

1, Philippines:
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.
-Role of the Police and Security Apparatus
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.
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.
-Limitation of Police duty on arresting suspect person
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.
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.
- Cause of the arbitrary arrest and detention:
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.

2, Indonesia:
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.
-Role of the Police and Security Apparatus
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.
The military is responsible for external defense, but also has a residual obligation to support the police in their domestic security responsibilities.
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.
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.
-Limitation of Police duty on arresting suspect person:
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.
-Cause of arbitrary arrest and detention:
In Indonesia, the causes of the arbitrary detention are corruption, religion discrimination, bribes, political reason which was a big problem in this country.

3, Laos:
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.
-Role of the Police and Security Apparatus
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:
-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.


-Limitation of Police duty on arresting suspect person
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.
The law prohibits arbitrary arrest and detention; however, in practice the government did not respect these provisions, and arbitrary arrest and detention persisted.

IV, Analysis on the Arbitrary Arrest and Detention Problems:
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:
-The comparison on Philippines against itself in 2002 and 2006:
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.
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.
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.
-The comparison between Philippines and Indonesia
+ The number of Arbitrary Arrest or Detention in 2002 (Country Report 2002)
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[2].
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[3] and has many populations number.
+ The number of Arbitrary Arrest or Detention in 2006(Country Report)

-The comparison between Philippines and Laos
+ The number of Arbitrary Arrest or Detention in 2002(Country Report)
+ The number of Arbitrary Arrest or Detention in 2006(Country Report)

V, Conclusion
Reference:
Philippines country report in 2002 and 2006
Indonesia country report in 2002 and 2006
Laos country report in 2002 and 2006







































1, Freedom from Arbitrary Arrest and Exile. Human Rights Law. United Nations Cyber Schoolbus (2006-11-09). Retrieved on 2007-09-30.

[2] 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.
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.
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.

[3] 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.

Forced Child Labor in China, Cambodia and India

Forced Child Labor in China, Cambodia and India

A Final Report
Prepared to

By
KHIEV KANAL



Submitted to: Prof. Stan Starygy

Phnom Penh, January 2008



Content

Chapter I: Introduction
Overview of Child Labor
Objective of Paper
Scope and Limitation
Methodology
Definition of Key terms

Chapter II: Legal Instrument related to Child Labor
I. China
II. Cambodia
III. India

Chapter III: Cause of Child Labor
I. Cause of Child Labor in China
1. Poverty
2. Drop out of school
3. Existence educational program

II. Cause of Child Labor in Cambodia
1. Poverty and Being Orphaned
2. Drop out of School
3. Existence educational program

III. Cause of Child Labor in India
1. Poverty
2. Drop out of School
3. Existence educational program

Chapter IV: Government Policies and programs to eliminate the worst forms of child labor
I. China
II. Cambodia
III. India

Chapter V: Analysis
I. Compare China against itself between 2001 and 2006
II. Compare China to Cambodia
III. Compare China to India

Chapter VI: Conclusion

Bibliography


Forced Child Labor in China, Cambodia and India

Chapter I : Introduction

1. Overview
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.
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

working condition around the world[1]. 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.

2. Objective of paper
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.

3. Scope and Limitation
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.

4. Methodology
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.
The method of comparison will be used to analyze this paper by compare based country against itself and to countries of comparison.
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.

5. Definition of Key terms

Child Labor
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[2]. 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.
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[3].

Light Work
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.

Forced Labor
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[4]".

Domestic Servants
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[5].

Hazardous work
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. [6]"

Bonded Labor
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"[7].


Chapter II : Legal Instrument related to Child Labor

I. China:
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.
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.
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.

II. Cambodia:
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.
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.”
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.
In January 1997, the National Assembly adopted a new labor code, which set the minimum age of employment at the age of 15[8]. It stipulated that children age between ages of 12 to 15 can engage in light work provided that:
- the work is not hazardous to their health and psychological development
- the work will not affect their school attendance or their participation in vocational training programs approved by competent authorities.
It is further state in Article 181 that minors, whatever their sex, younger than 18 and still under
the responsibility of their parents or guardians, cannot engage in any type of work without the prior approval of their parents or guardians.
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.
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.

III. India
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[9] or the Factories Act of 1948.
In 1996, the India's Supreme Court established a penalty of 20,000 rupees for person who employed children in hazardous industries[10]. The enforcement of child labor laws falls under the jurisdiction of state level labor ministries.
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[11].

Chapter III : Cause of Child Labor

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[12]. 61% of these were in Asia, 32% in Africa and 7% in Latin America.
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:
70% are in agriculture, commercial sector and fishing or forestry
8% are in manufacturing
8% are in wholesale and retail trade, restaurant and hotels
7% are in community, social and personal services such as domestic work
8.4 million Children are trapped in slavery, trafficking, debt bondage, prostitution, pornography and other illicit activities.
1.2 million Children have been a victim of trafficking.
This amount is very high number that could be question on what causes of child labor?

I. Cause of Child Labor in China
1. Poverty
China, poverty is considered as one of problem that cause child labor. 34% of the total population of China lives under poverty line[13]. 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.

2. Drop out of School
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%[14]. 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.

3. Existence Educational Program
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[15]. 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.
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[16]. However, on summer vocation those students will send to differences factories to earn money to pay for their debt[17]. 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[18].

II. Cause of Child Labor in Cambodia
1. Poverty and Being Orphaned
Being orphaned would relate to the increase of people died by HIV/AIDS. The National Aids
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[19]. 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.
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[20]. 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[21].

2. Drop out of School
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[22], 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.

3. Existence Educational Program
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.

III. Cause of Child Labor in India
1. Poverty
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[23]. 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[24]. 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.
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.
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.

2. Drop out of school
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.
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[25].
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[26].

3. Existence Educational Program
In India, the existence educational program that contributes to child labor is not occurred.

Chapter IV : Government policies and programs to eliminate the worst forms of child labor

I. China

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[27]. Nearly 100% of school age children attended school, and boys and girls are equal proportions.
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.
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.
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.

II. Cambodia
The Government of Cambodia has been a member of ILO-IPEC since 1996. The government has adopted national action plans for children's issues[28] to combat the trafficking and sexual exploitation of children[29]. 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[30]. 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[31].
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[32].
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[33]. 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[34]. 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[35]. 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[36].
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[37]. 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[38].
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[39].
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:
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[40].
The Ministry of Interior operates an anti-trafficking hotline[41].
MOSAVY works with UNICEF and IOM to return trafficking children to their homes.
The MOWA lunched an anti-trafficking information campaign in 5 northeastern provinces in January 2006[42].
The Government of Cambodia is participating in a USD 4.75 million USDOL-Funded Time
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[43]. The
government also participating in a 4 years project of USDOL funded 3 million that focuses on
providing education opportunities to children who have been trafficked[44].
The US Presidential Anti-Trafficking n Persons Initiative allocated USD 5.6 million to support programs to combat trafficking in Cambodia in 2006[45]. In August 2006, USAID committed USD 4.5 million over three years to combat trafficking[46]. 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[47].

III. India
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[48]. According to Indian Government, 94 child labor projects were established by February 2001[49]. 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[50].
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[51].
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[52]. 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[53].
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[54]. 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[55].
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[56]. 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[57]. 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[58].

Chapter V : Analysis

I. Compare China against Its self
The data from year 2001 and year 2006 will be used to make comparison China against itself. In 2001, there were 11,575,000[59] (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.
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[60].

II. Compare China to Cambodia
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[61] where as Cambodia is 5,243,000[62]. 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%)
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.

III. Compare China to India
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[63]. 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[64] 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.

Chapter VI : Conclusion

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.

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.

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.

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[24] Child Labor in India: Cause, Governmental Policies and the role of Education by Dr.Mitesh V.Badiwala available from http://www.geocities.com/CollegePark/Library/9175/inquiry1.htm
[25] India: 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/rls/hrrpt/2006/78871.htm
[26] Child Labor in India: Cause, Governmental Policies and the role of Education by Dr.Mitesh V.Badiwala available from http://www.geocities.com/CollegePark/Library/9175/inquiry1.htm
[27] Country Report on Human Rights Practice in China 2006 available from http://www.state.gov./gldrl/rls/hrrpt/2006/78771.htm
[28] National Program of Action for Children in Cambodia, 1998-2000 (Phnom Penh: Cambodian National Council for Children, undated)
[29] Five Year Plan Against Trafficking and Sexual Exploitation of Children, 2000-2004 (Phnom Penh: Cambodian National Council for Children, April 2000)
[30] ILO-IPEC, Project Document: Combating Child Labor in Hazardous Work in Salt Production, Rubber, Plantations, and Fish/Shrimp Processing Centers in Cambodia, 2001
[31] ILO-IPEC, Project Document: Training on Child Labor to relevant key person in Cambodia, 1999
[32] Cambodia Country Paper, at the ILO/Japan Asia Meeting on the Trafficking of Children for Labor and Sexual Exploitation, 2001
[33] Non-Formal Education: Department of Non-Formal Education of Ministry of Education, Youth and Sports, 2000
[34] Cambodia Education Sector Development Plan, available from http://www.adb.rog/Documents/Profiles?PPTA/33396072.ASP
[35] The World Bank and Cambodia available from http://wbln0018.wordbank.org/eap/eap.nsf/236c318fc341033852567c 9006baf9a/ a327463333316f90852567d700792a4c?OpenDocument
[36] Education in Cambodia (Phnom Penh: Ministry of Education, Youth and Sport's Department of Planning, July 199)
[37] Veterans and Youth Rehabilitation (MOSAVY) Kingdom of Cambodia's, Ministry of Social Affair, Action Program 2004-2008
[38] 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
[39] 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
[40] 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
[41] Ministry of Interior, hotline project was established in 2006. The hotline is opened 24 hour in order to help or intervention trafficking of children.
[42] Rakmey Kampuchea newspaper, No. 195, January 2006
[43] 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.
[44] World Education: Combating Child Trafficking and Commercial Sexual Exploitation through Education in Cambodia, March 2006.
[45] U.S Embassy-Phnom Penh, reporting, August 2006.
[46] US promises funding to counter human trafficking in Cambodia, January 31,2007 available from http://www.humantrafficking.org/updates/442
[47] 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.
[48] Child Labor and India, Embassy of India, Washington D.C available from http://indianembassy.org/policy/ Child_labor/childlabor.htm
[49] 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
[50] Lakshmidhar Mishra, Child Labor in India, April 2000
[51] 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.
[52] UN Committee on the Rights of the Child, Country Report-India available from http://wcd.nic.in/CRCFEBmr.htm
[53] Sarva Shiksha Abhiyan Progarm (India: The Ministry of Education, 2001)
[54] Ministry of Women and Child Development, National Charter for Children available from http://wcd.nic.in/nationalcharter2003.doc.
[55] Ministry of Labor and Employment, Efforts to Eliminate Child Labor available from http://labour.nic.in/cwl/CIPolicy.htm.
[56] Ministry of Labor and Employment, Annual Report of the Ministry of Labor,2006
[57] “Dealing with Trafficking in Person” available from http://www.state.gov/p/sca/rls/rm/17900.htm.
[58] 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.
[59] Country with report of child labor available from http:///hrw.org/children/labor.htm
[60] Child Labor in China available from http://www.state.gov/g/drl/rls/hrrpt/2001/eap/8289.htm
[61] Profile of China available from http://www.state.gov/r/pa/ei/bgn/18902.htm
[62] Cambodia Population available from http://www.airninja.com/worldfacts/countries/Cambodia/population/htm
[63] Country with report of child labor available from http:///hrw.org/children/labor.htm
[64] 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