VZCZCXRO1304
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHVN #0071/01 0441006
ZNR UUUUU ZZH
P 131006Z FEB 09
FM AMEMBASSY VIENTIANE
TO RUEHC/SECSTATE WASHDC PRIORITY 2446
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEHBJ/AMEMBASSY BEIJING 2347

UNCLAS SECTION 01 OF 20 VIENTIANE 000071 
 
SENSITIVE 
 
SIPDIS 
 
DEPT FOR EAP/MLS 
DEPT FOR EAP/RSP 
DEPT FOR G 
DEPT FOR G/TIP 
 
DEPT PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF
SMIG, LA 
SUBJECT: NINTH ANNUAL TIP REPORT FOR LAOS 
 
REF: STATE 132759 
 
¶1. (SBU) Summary.  Laos is overwhelmingly a sending country for 
human trafficking, although on a small scale it is also a transit 
and receiving country, with some domestic trafficking victims in the 
commercial sex trade. The vast majority of Lao who seek work abroad, 
including those who are victims of trafficking, go to Thailand, 
where cultural and linguistic similarities and a larger economy help 
Lao find ready employment. Laos' trafficking problem is largely a 
matter of economics: Laos is among the poorest countries in Asia, 
and its poverty and high level of unemployed or underemployed youth 
provide a steady stream of laborers to Thailand. The global economic 
crisis may led to fewer legal employment opportunities in Thailand, 
but Post expects the bright lights and big cities across the border 
to continue attracting young Lao migrants, some of whom will become 
trafficking victims. While the Government of Laos (GOL)has put 
trafficking in persons high on its agenda, its efforts are hampered 
by a lack of resources, poor training for key officials, and an 
ongoing corruption problem. GOL efforts to address trafficking seem 
to be increasing, along with a willingness to work more closely with 
the international community, but there remains much to be done.  End 
summary. 
 
--------------------- 
TIP REPORT RESPONSES 
--------------------- 
 
¶2. (SBU) Hereafter paragraphs are keyed to the paragraphs and 
questions in reftel, with the paragraph numbers from reftel given in 
roman numerals. The entire text of the 2009 TIP report for Laos is 
sensitive but unclassified (SBU). 
 
XXIII. (U) THE COUNTRY'S TIP SITUATION: 
 
-- A. What is (are) the source(s) of available 
information on trafficking in persons?  What plans are in 
place (if any) to undertake further documentation of 
human trafficking?  How reliable are these sources? 
 
Information on trafficking is available from the Ministry of Labor 
and Social Welfare (MLSW), Ministry of Public Security (MOPS), 
National Steering Committee on Trafficking, the United National 
Inter Agency Project Against Trafficking (UNIAP), and many 
international NGOs. Statistics in Laos are difficult to obtain, 
since there are few computerized systems in any agency or 
department. However, the GOL is seeking to improve its data 
collection and has requested ongoing assistance from trained 
personnel in NGOs to help them organize their data. The GOL uses 
this data to monitor the trafficking situation, to report to 
international bodies, and to request additional assistance and 
funding from the international community. Data on the numbers of 
identified victims returning from Thailand, numbers in the shelters, 
and prosecution numbers appear to be accurate. Country-wide 
projections on migration, potential victims in Thailand and other 
such assessments are only estimates, however. The cited number of 
ongoing investigations in the provinces are minimum numbers as 
reported to the Ministry of Public Security, but law enforcement 
agencies are just learning to report to central authorities on 
trafficking (or other) criminal trends and may not report all cases 
under investigation in a timely manner. 
 
-- B. Is the country a country of origin, transit, and/or 
destination for internationally trafficked men, women, or 
children?  Does trafficking occur within the country's 
borders?  If so, does internal trafficking occur in 
territory outside of the government's control (e.g. in a 
civil war situation)?  To where are people trafficked? 
For what purposes are they trafficked?  Provide, where 
possible, numbers or estimates for each group of 
trafficking victims.  Have there been any changes in the 
TIP situation since the last TIP Report (e.g. changes in 
destinations)? 
 
Laos is almost exclusively a source country for human trafficking, 
with the vast majority of those trafficked going to Thailand. 
Because of the country's extreme poverty and low wages, few 
traffickers see Laos as a destination for their victims. (Lao 
 
VIENTIANE 00000071  002 OF 020 
 
 
factory workers earn between $49-$100 per month, while the minimum 
wage in Thailand is roughly $150 per month.) Laos also serves as a 
transit country in a small number of cases, although the potential 
for further transit grows as road construction and other 
infrastructure projects accelerate, linking China, Vietnam, Thailand 
and Cambodia through Laos. Although much smaller in scope, internal 
trafficking is also a problem, almost exclusively with young women 
and girls falling victim to the commercial sex trade in urban areas. 
Post has seen no evidence of forced labor in Laos during the 
reporting period. 
 
The World Bank in 2006 estimated that there were at least 250,000 
Lao workers employed in Thailand, of whom 80,000 are unregistered 
according to the Thai Ministry of Labour. Over 20,000 workers have 
begun the process of applying for work permits. The Lao Ministry of 
Labor and Social Welfare puts the number of Lao workers in Thailand 
at 96,000, noting that most are there illegally. There are no 
generally accepted figures on how many of these persons are actually 
trafficked. Although some of these Lao are trafficked to Thailand, 
the majority go to Thailand on their own, following the advice of 
friends and relatives. Others use the services of middlemen to help 
them locate work in Thailand. The majority of migrant laborers-- and 
presumably the majority of trafficking victims-- originate from 
central and southern Lao provinces and Vientiane Municipality. 
 
In 2008, 235 formally-identified victims of cross-border human 
trafficking were returned to Laos from Thailand, bringing the total 
number of victims repatriated to Laos under this mechanism since 
2001 to more than 1300. An additional 21 were repatriated on 1 
January 2009. Of those victims, 86% have been from the Vientiane 
capital or one of 3 southern provinces. However, almost all Lao 
government agencies, international organizations, and NGOs working 
in the trafficking sector note that the majority of victims are not 
formally identified. Most who return to Laos do so by crossing back 
and returning to their villages or to larger urban centers, largely 
without contact with authorities. The International Organization for 
Migration (IOM) and Agir pour les Femmes en Situation Precaire 
(AFESIP), a French NGO specializing in victims of sexual 
exploitation, both note that victims generally prefer to avoid Thai 
authorities and what is usually a stay of 5-8 months in the shelter 
in Thailand. Male victims are rarely formally identified or seek 
assistance from authorities or NGOs after returning to Laos. 
 
-- C. What kind of conditions are the victims trafficked 
into? 
 
UNICEF believes that there are four areas where Lao are most likely 
to fall victim to exploitative conditions: the southern Thai fishing 
industry (for men), prostitution, domestic labor, and factory work 
(for women). Most Lao working illegally in Thailand do so in Bangkok 
(especially in factories, domestic labor and prostitution), with a 
smaller number working in the northeast (prostitution and migrant 
farm labor). 
 
Some Lao who seek work in Thailand fall victim to the worst forms of 
trafficking; the majority of these victims are females, but males 
are also victims, especially of exploitative labor. 
 
-- D. Vulnerability to TIP: Are certain groups of persons 
more at risk of being trafficked (e.g. women and 
children, boys versus girls, certain ethnic groups, 
refugees, IDPs, etc.)? 
 
The groups most vulnerable to the worst forms of trafficking are 
minors, especially girls, and highland minorities from Laos' 
interior. While the UN Interagency Project on People Trafficking 
(UNIAP) believes the number of minorities trafficked to Thailand is 
small, minorities are far more vulnerable to exploitation than are 
lowland Lao because of their lack of Thai language skills and 
overall unfamiliarity with Thai society. UNIAP studies show that the 
majority of formally-identified victims of trafficking are girls 
between the ages of 12-18, from rural but not remote or extremely 
poor areas, belonging to the lowland Lao or Tai ethnic group 
(approx. 66% of the population), with some basic education. A 2004 
IOM study adds that most were employed in domestic labor and factory 
work (only 6 of the 124 surveyed by IOM were employed in the sex 
industry), and most had been deceived about the conditions, but not 
 
VIENTIANE 00000071  003 OF 020 
 
 
the type, of work they went into. Other studies suggest that 
one-fifth to one-third of trafficking victims were employed in the 
sex industry. 
 
-- E. Traffickers and Their Methods: Who are the 
traffickers/exploiters?  Are they independent business 
people?  Small or family-based crime groups?  Large 
international organized crime syndicates?  What methods 
are used to approach victims?  For example, are they 
offered lucrative jobs, sold by their families, or 
approached by friends of friends?  What methods are used 
to move the victims (e.g., are false documents being 
used?).  Are employment, travel, and tourism agencies or 
marriage brokers involved with or fronting for 
traffickers or crime groups to traffic individuals? 
 
Most NGOs believe the majority of trafficked persons become victims 
once they reach their destinations, particularly at their places of 
employment, rather than during the migration process itself. 
According to information from NGOs, the government, or in the 
literature reviewed here, there were no cases of kidnapping, very 
few cases reported of the "sale" of minors by parents or other 
figures to traffickers, and few cases of pressure to migrate from 
parents during the reporting period. 
 
The prevailing people-smuggling mode in Laos remains transportation 
to a job in exchange for payment up front. Lao people in lowland 
areas are anxious to obtain work abroad and are willing to pay 
smugglers and traffickers to assist them in seeking work, especially 
in neighboring Thailand. Generally smugglers and traffickers fit no 
particular profile. Aside from the Thai employers who traffic the 
victims when they reach their destination, most cross-border 
traffickers are probably Lao nationals with experience in assisting 
cross-border labor movements. There are also some Thai traffickers 
operating in Laos intermittently. Some recruiters and smugglers of 
people are helping fellow villagers, even family members, to 
migrate, while others probably make trafficking a full-time 
business. 
 
Brokers' fees varied widely, from as little as 500 baht (about $14) 
to as much as 30,000 baht ($860). The majority, however, paid 
between 2,500-7,000 baht ($70-$200) in broker fees, if they used 
one. 
 
According to Norwegian Church Aid, many migrants borrow money from 
"those who transport them" or from neighbors to finance the travel. 
This suggests a vulnerability from indebtedness that can lead to 
subsequent exploitation.  Initially, migrants may go on their own or 
be hired by agents, but many would try to help the migration of 
friends or relatives once they had arrived at their destinations. 
Young people would rather rely on informal networks of friends or 
relatives than agents for transport, accommodation, and employment. 
Younger children who do not have these networks, or travel without 
informing their families, are those most likely to rely on agents or 
solely on themselves, and are hence most at risk from traffickers. 
 
One August 2006 study by the UN notes that adult men and boys are 
more likely to be traveling with friends, to known destinations, 
without "help" from middle-men. Conversely, women tended to be 
younger, more likely to rely on agents which often involved 
incurring debts, less likely to know where they were going, and more 
likely to migrate alone or with only a few friends. 
 
False documents have sometimes been used to transport people from 
Laos to other countries but have not been needed to enter Thailand. 
Border crossing cards are easily obtainable; they are only valid for 
a few days' travel and only for specific Thai provinces, but once 
across the border the holders easily ignore these restrictions. Many 
Lao entered Thailand without documentation, usually crossing the 
Mekong River by boat or traveling across an unmonitored land border. 
 
 
Most Lao learn of work opportunities in Thailand by word of mouth, 
from those who have made the trip and returned, and in many cases 
from friends and family members. In at least some cases, 
particularly of young women involved in prostitution in Thailand, 
the women themselves act as recruiters for others when they return 
 
VIENTIANE 00000071  004 OF 020 
 
 
to Laos to visitxQ* 
(al protection 
from the authorities, returned across the border again seeking work 
in Thailand. Furthermore, they apparently acted as "magnets" for 
their peers, perhaps with the assumption that, having fallen victim 
once, they are now in a better position to avoid those situations 
and help others do the same. The Director of the Lao Women's Union 
(LWU) shelter confirmed this trend, noting that, even after 
counseling and vocational training, many victims still cannot find 
employment in Laos and choose to return to Thailand. NGOs working to 
assess reintegration efforts report the same trends of re-migration 
after return. 
 
 
XXIV: (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP 
EFFORTS: 
 
-- A. Does the government acknowledge that trafficking is 
a problem in the country?  If not, why not? 
 
The GOL acknowledges trafficking as a problem at the highest levels 
and has made combating trafficking in persons a national priority, 
within its limited means. The GOL acknowledges human trafficking is 
a significant problem in Laos, threatening national security, 
economic development, and the welfare of the people. The Deputy 
Prime Minister, who is also Minister of National Defense, chairs the 
Government's anti-trafficking committee. 
 
-- B. Which government agencies are involved in anti- 
trafficking efforts and which agency, if any, has the 
lead? 
 
Laos is a member of the Coordinated Mekong Ministerial Initiative 
Against Trafficking (COMMIT) process, established in 2004, and under 
that umbrella the GOL has established a Ministerial-level National 
Steering Committee on Trafficking. This committee is chaired by the 
Deputy Prime Minister, who is concurrently the Minister of National 
Defense. The Secretariat of that organization is presided over by 
the Director of Investigations, Ministry of Public Security (MOPS). 
(Note: In November 2008, Laos hosted the annual Summit of Ministers 
(SOM 6) under the COMMIT process.) The Ministry of Labor and Social 
Welfare (MLSW) has the lead in trafficking prevention, as well as 
victim's assistance and reintegration.  MOPS has the lead on 
investigations and arrests, while the Ministry of Justice (MOJ) and 
the Public Prosecutor's Office manage the criminal process. The LWU, 
a broad-based Party mass organization, has been involved in 
anti-trafficking efforts since the mid-1990s. The LWU has been 
active, within its limited means, in protection and prevention work 
and currently runs a shelter in Vientiane for victims of domestic 
abuse, sexual exploitation, and human trafficking. During the 
reporting period, the LWU has also worked to monitor victims' 
reintegration in certain targeted districts. The Ministry of Foreign 
Affairs (MFA) chairs a regular meeting with all relevant GOL offices 
and all the NGOs and international organization in the sector to 
coordinate activities, in addition to facilitating meetings with 
counterparts in Thailand, Cambodia, Vietnam, and China on regional 
trafficking matters. All of the GOL agencies listed above are 
represented on the Ministerial Steering Committee. The Lao Youth 
Union, Federation of Trade Unions, and Ministry of Education also 
play roles in educating potential trafficking victims. Public 
awareness campaigns and journalism training - both of which have 
received significant attention in the reporting period - are run 
with the assistance of the Ministry of Information and Culture, 
which controls the Lao media and acts as gatekeeper for foreign 
media and all semi-private media content. 
 
The GOL also works on the issue of trafficking with neighboring 
countries. The Lao and Thai governments signed an anti-trafficking 
Memorandum of Understanding (MOU) in mid-2005 that established a 
framework for cooperation between the two governments. A Lao-Thai 
Joint Action Plan to Combat Human Trafficking was completed in late 
¶2006. IOM has been a key supporter of Lao-Thai efforts to implement 
all elements of the bilateral MOU. The February 27, 2007, signing of 
an MOU between the GOL and IOM has allowed IOM to establish a 
presence in Laos and to work more closely with the GOL on 
 
VIENTIANE 00000071  005 OF 020 
 
 
implementation.  Negotiations between the GOL and Government of 
Vietnam began in November 2008, with the intention of signing an MOU 
on trafficking and victim repatriation. 
 
-- C. What are the limitations on the government's 
ability to address this problem in practice?  For 
example, is funding for police or other institutions 
inadequate?  Is overall corruption a problem?  Does the 
government lack the resources to aid victims? 
 
Lack of resources is the biggest impediment to the 
government's ability to address trafficking problems directly. The 
GOL is largely dependent on the donor community to fund 
anti-trafficking activities, just as it depends on international 
donors to fund public activities in almost every sector. Currently, 
86% of the government's public investment budget comes from foreign 
donors and official development assistance. Because the GOL 
considers trafficking to be a significant threat to the country, and 
recognizes its own lack of resources, it has partnered with 
international NGOs and donors to carry out anti-human trafficking 
activities (under close scrutiny). For example, the LWU Shelter is 
funded mostly from international or NGO assistance, and the GOL 
depends on IOM and AFESIP to provide long-term assistance for 
immediate needs and reintegration. Village Focus International 
opened another shelter in October 2008, with the active assistance 
and approval of the local MLSW office.  The GOL does fund the 
transit center in Vientiane, where identified victims of trafficking 
returned from Thailand remain for approximately one week while 
authorities conduct family and victim assessments to determine if 
the victim wants to return home or move to another shelter. 
 
However, international donors and NGOs are not allowed to  define 
and carry out projects independently. The GOL remains an 
authoritarian government jealous of foreign attempts to interact 
directly with the population or "meddle" in government affairs, from 
the media to social services to law enforcement. It takes one to two 
years for an NGO to get an MOU approved, and the NGO must have the 
sponsorship of a Lao government agency or Party organization. In 
short, the GOL depends on NGOs to resource many trafficking 
initiatives, but the GOL retains control over the content, location, 
purpose, and eventual outcome of the project. This oversight 
occasionally causes delays in programs when the NGOs have funding 
available, but cannot begin to spend it without the MOU in place. 
All NGO activity is carried out as a direct result of GOL policy and 
approval. NGOs sources have stated that over the last two years, 
they have found that the GOL is increasingly cooperative, 
forthcoming and amenable to all projects related to trafficking 
--but it can still take more than a year to complete the paperwork 
to initiate a new project. In at least one case, an NGO has been 
able to 'short circuit' the interminable MOU process via direct 
intervention by the Prime Minister's office to get an 
anti-trafficking program started in Savannakhet province. 
 
In addition, Lao law enforcement suffers from lack of resources and 
funding across the board, including in the trafficking arena. There 
are only about 10,000 police officers in a country of 6 million 
people. Police do not have computers, databases, or other technology 
to quickly gather data and transmit it to central authorities. While 
Australia and UNODC have begun to work with law enforcement 
specifically on trafficking issues, there is no international donor 
or NGO that can step in and take the reins on basic police and 
judicial business such as investigations, arrests, and prosecutions. 
This sector is therefore one of the most under-resourced, and will 
likely remain that way, in the trafficking fight. 
 
Corruption is another serious problem: it is endemic in Laos, where 
civil servants' salaries are usually $35-$60 per month. GOL 
officials are susceptible to involvement in trafficking in persons, 
trafficking of narcotics and wildlife, illegal logging, and illegal 
activities. 
 
The Lao-Thai border is extremely porous, and Lao going to Thailand 
can easily avoid official scrutiny. Post has not received any 
specific reports of actual trafficking cases involving government 
complicity or particular officials colluding in human trafficking 
during the reporting period, from NGOs or other sources.  However, 
low salaries and widespread accounts of official corruption make 
 
VIENTIANE 00000071  006 OF 020 
 
 
some such cases of involvement likely. 
 
Poor human resources pose yet another problem.  Few Lao officials 
have the knowledge base or skills to carry out their jobs at 
international standards. One NGO stated that it believes the MOU 
delays are caused in part because the GOL lacks sufficient capable 
staff to oversee the NGO's daily activities, and that MOUs are 
delayed until the relevant government staff members are released 
from other projects. 
 
A weak judicial sector and the population's general reluctance to 
use the court system make it difficult to investigate charges of 
either internal or cross-border trafficking. Rather than resorting 
to the formal legal system, most Lao, of all ethnicities, prefer to 
rely on village mediation and respected local authorities to settle 
disputes. Many victims of trafficking likely do not understand what 
resources are available to them in the judicial sector, even if the 
local officials in their areas have received training on human 
trafficking investigation and enforcement procedures. 
 
For example, the Lao Bar Association (LBA) has only 93 members, and 
half of them are without formal legal training. Legal aid clinics in 
and outside of Vientiane began in June 2007 with funding from The 
Asia Foundation and have continued to expand during 2008, but have 
made little headway in raising awareness about the role of lawyers 
in protecting society. Moreover, the LBA still does not have the 
resources to handle the few cases that are brought to its attention. 
The LBA is currently assisting 10 victims of human trafficking 
through their aid clinic. 
 
Many donors believe that resources for anti-trafficking should be 
focused on victim assistance, education and reintegration rather 
than on law enforcement. The UN Office for Drug Control and Crime 
(UNODC) and the Asia Regional Trafficking in Persons Project 
(ARTIP), an Australian effort, run local and regional training 
programs with MOPS, MOJ, and Public Prosecutors offices. They are 
among the few organizations working directly with law enforcement 
efforts, leaving that segment of the trafficking problem with fewer 
resources, capabilities, and international attention. 
 
Laos is only beginning to develop rule of law; the justice system is 
inefficient; and poor conditions in the penal system have raised 
serious human rights concerns in the international community. Given 
the nature of the Lao regime, calls for more police powers are 
inimical to USG political values, and pressure for heightened levels 
of police activity must be very carefully considered. In the 
meantime, international efforts to bring professional skills and 
capacity to Lao investigation and prosecution authorities continue. 
 
 
-- D. To what extent does the government systematically 
monitor its anti-trafficking efforts (on all fronts -- 
prosecution, victim protection, and prevention) and 
periodically make available, publicly or privately and 
directly or through regional/international organizations, 
its assessments of these anti-trafficking efforts? 
 
Statistics in Laos are notoriously unreliable and difficult to find. 
However, the GOL understands that ongoing international assistance 
and monitoring require that the GOL collects more information to 
better understand the trafficking situation and evaluate new 
programs. The MLSW, for example, completed a comprehensive study of 
250 child victims in 2007, looking at their homes, trafficking 
routes, jobs, health, and education. As part of the COMMIT process, 
MOPS is collecting data - and sharing it with the international 
community - on trafficking arrests and investigations under the new 
Article 134 of the penal code.  (NOTE: Initial results of this data 
collection effort, covering prosecutions from January - August 2008 
in 3 large provinces, was shared with Embassy Vientiane's 
trafficking in persons officer and included details such as the 
names and sentences of the traffickers.  MOPS is working to collect 
information from the remaining provinces, with training and computer 
support from ARTIP. End note.)  The LWU and MLSW keep track of the 
numbers of victims in the transit shelter and LWU shelter. The GOL 
has signed MOUs with IOM, World Vision, AFESIP and others to work on 
programs to protect victims, and usually gathers data on trafficking 
patterns and the victims as part of the work of these NGOs. The 
 
VIENTIANE 00000071  007 OF 020 
 
 
National Plan of Action (NPA), drafted with the assistance of the 
international community, is the first in the region with specific 
metrics for evaluation. The Prime Minister is expected to approve 
the final draft of the NPA in early 2009. 
 
Laos reported on national efforts to combat trafficking from 
prevention to protection to prosecution, at the November 2008 SOM 6 
conference on trafficking under the COMMIT process. (The other 5 
members of SOM 6 are China, Burma, Thailand, Cambodia and Vietnam.) 
The entire event was open to registered observers from international 
organizations and embassies who expressed an interest in attending. 
The event was also widely covered in the Lao press. In addition, the 
GOL makes no apparent effort to ask that NGOs collaborating in this 
sector keep information confidential.  Members of UNIAP's regular 
NGO-GOL working group regularly compare statistics, data, and 
information. 
 
 
XXV: (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
-- A. Existing Laws against TIP: Does the country have a 
law or laws specifically prohibiting trafficking in 
persons -- both for sexual exploitation and labor?  If 
so, please specifically cite the name of the law(s) and 
its date of enactment and provide the exact language 
[actual copies preferable] of the TIP provisions.  Please 
provide a full inventory of trafficking laws, including 
non-criminal statutes that allow for civil penalties 
against alleged trafficking crimes (e.g., civil 
forfeiture laws and laws against illegal debt). Does the 
law(s) cover both internal and transnational forms of 
trafficking?  If not, under what other laws can 
traffickers be prosecuted?  For example, are there laws 
against slavery or the exploitation of prostitution by 
means of force, fraud, or coercion?  Are these other laws 
being used in trafficking cases? 
 
-- B. Punishment of Sex Trafficking Offenses: What are 
the prescribed and imposed penalties for trafficking 
people for sexual exploitation? 
 
-- C. Punishment of Labor Trafficking Offenses: What are 
the prescribed and imposed penalties for trafficking for 
labor exploitation, such as forced or bonded labor?  If 
your country is a source country for labor migrants, do 
the government's laws provide for criminal punishment -- 
i.e. jail time -- for labor recruiters who engage in 
recruitment of workers using knowingly fraudulent or 
deceptive offers with the purpose of subjecting workers 
to trafficking in the destination country?  If your 
country is a destination for labor migrants, are there 
laws punishing employers or labor agents who confiscate 
workers' passports or travel documents for the purpose of 
trafficking, switch contracts without the worker's 
consent as a means to keep the worker in a state of 
service, or withhold payment of salaries as means of 
keeping the worker in a state of service? 
 
(A, B, and C answered together.) 
 
Laos has a law specifically prohibiting human trafficking, for both 
sexual and non-sexual purposes. 
 
In 2006, Laos enacted the revised Article 134 of the penal code 
specifically to address human trafficking, and to reinforce and 
clarify earlier provisions of the criminal code that had mentioned 
human trafficking. The law went into effect in early 2007, with the 
first arrests in March 2007 and the first successful prosecution in 
November 2007. The text of this and other relevant laws on human 
trafficking and treatment of victims follow below. (Note:) 
 
Begin Text: 
Article 134: Human Trafficking 
Human trafficking is the seeking, concealing, transporting or taking 
of people within or from other countries by means of deception, 
fraud, threats/intimidation, duress, financial constraints or other 
means for the purpose of labor exploitation, prostitution, 
 
VIENTIANE 00000071  008 OF 020 
 
 
dissemination of pornographic material or other purposes contrary to 
national culture, or removal of body organs for the purpose of 
making illegal gains. 
 
The above mentioned actions performed on minors/children under 18 
years of age will be considered as human trafficking even in the 
absence of deception or fraud, intimidation, duress or financial 
constraints. 
 
Any person performing infractions in the category of human 
trafficking shall be punished by privation of liberty for a period 
of five to fifteen years and shall be fined an amount of 10.000.000 
to 100.000.000 Kip [note: USD 1,169 to 11,690) and shall have their 
assets confiscated according to Article 32 of this law. 
 
In the case with infractions performed habitually, performed as an 
organized group, the victim is a child/minor, the victim is two or 
more people, the perpetrator is a close relative, or the victim is 
seriously injured, is physically maimed or has lost mental 
faculties, the perpetrator performing the infraction in the category 
of human trafficking shall be punished by privation of liberty for a 
period of fifteen to twenty years and shall be fined an amount of 
100.000.000 to 500.000.000 Kip (note: USD 11,690 to 58,470) and 
shall have their assets confiscated according to Article 32 of this 
law. 
 
In the case where the offence results in the victim being 
permanently disabled, contracts AIDS or results in the loss life, 
the perpetrator as a human trafficker shall be punished by privation 
of liberty for life imprisonment and shall be fined an amount of 
500.000.000 to 1.000.000.000 Kip (USD 58,470 to 116,950)and shall 
have their assets confiscated according to Article 32 of this law or 
shall be executed/sentenced to death. 
 
When the offence is in the category of trafficking women or children 
the law on the Promotion/Development and Protection of women can be 
applied. 
 
Preparation to commit, attempt such infractions shall be punished. 
 
End Text. 
 
As noted, the Law on Women, passed by the National Assembly in 
September 2004, contains provisions dealing with trafficking 
including sections defining the rights of trafficking victims, in 
addition to the same penalties and definitions of human trafficking 
that were later included in penal code Article 134. Those specific 
provisions on victims' rights and protections are listed below. Note 
that Article 28 includes paragraphs requiring that Lao government 
officials at embassies and consulates abroad assist Lao victims, and 
Lao government agencies in Laos assist foreign victims. Both are 
charged with working with foreign countries to assist in 
prosecutions. 
 
Begin text of Lao Law on Development and Protection of Women: 
 
Article 25. Rights of Victims 
A victim means a person who has suffered from trafficking in women 
and children. Victims have the following rights: 
 
¶1. To ask for assistance from any individual who is nearby; 
¶2. To notify police officers; 
¶3. To testify and present evidence relating to the case, to 
concerned officers; 
¶4. To request for compensation, to be rehabilitated and to be 
reintegrated into the society; 
¶5. To receive protection and care to ensure personal safety; 
¶6. Not to be prosecuted and detained on any charge of trafficking in 
women and children, prostitution, [or] illegal immigration; 
¶7. Not to be photographed, [and] not to have any video recorded or 
broadcast, where such would affect personal honour; 
¶8. To receive suitable assistance in the form of shelter, food, 
clothes, medical services, vocational training, repatriation and 
others; 
¶9. To have other rights according to laws and regulations. 
 
Article 26. Duties of Society 
 
VIENTIANE 00000071  009 OF 020 
 
 
Individuals or organisations that discover victims of trafficking in 
women and children or receive data or information concerning such 
trafficking shall report to the village administration, the police 
or other concerned authorities, and shall, at the same time, give 
assistance to victims. Party and State organisations, the Lao Front 
for National Construction, mass organisations, social organisations 
and families shall disseminate information and educate so that the 
whole society becomes aware of the acts and impact of trafficking in 
women and children in order that women and children stay vigilant 
and not fall victim to such trafficking and be active in combating 
and preventing [such trafficking]. 
 
To combat and prevent trafficking in women and children, the 
government establishes a national committee for prevention of 
trafficking in humans. 
 
Article 28. Assistance by Officers to Victims 
During the process, police officers must cooperate with concerned 
counterparts such as doctors, social workers and other parties in 
order to give necessary and urgent assistance, to provide medical 
treatment and counseling services to the victims and to send them to 
safe shelter. In the case where the victims are children, there 
shall be special treatment to restore [their] physical and mental 
health and to provide assistance to [meet] the specific needs of the 
children, in order to ensure that those children have guardians and 
to help them to return to their family and society. 
 
In the case of victims abroad who are Lao citizens, the concerned 
Lao embassy or consulate shall give necessary and urgent assistance 
to the victims, especially safety and social welfare, and shall 
co-operate with concerned officials of that country in order to 
prosecute offenders, and the victims shall be repatriated 
thereafter. 
 
In the case of victims in the Lao PDR who are citizens of foreign 
countries, in addition to implementing the third paragraph mentioned 
above, Lao officials shall cooperate with the embassy or consulate 
of the victim's country in the Lao PDR through the Ministry of 
Foreign Affairs in order to repatriate the victims. 
 
End text. 
 
The Law on the Protection of Children's Rights, enacted on December 
27, 2006, echoes the definition and penalties for trafficking that 
are in Article 134, further states in Article 89 that sexual 
intercourse with a child under age 15 is against the law, and "Any 
individual who offers, receive an offer, recruit or provide children 
under 18 years old to serve as prostitute is deemed to have 
committed a crime and shall be imposed a punishment by applying 
(new) Article 134 of the penal code." 
 
These laws were vetted by NGOs, including those active in 
anti-trafficking. A U.S. Deputy District Attorney working with the 
Department of Justice's Overseas Prosecutorial Development 
Assistance and Training (OPDAT) Program also vetted the draft of the 
Law on Women, parts of which were later incorporated into penal 
code's Article 134. The Lao penal code also has additional 
provisions against prostitution, procuring, kidnapping, and selling 
persons. There are also other statutes forbidding coercion and 
depriving people of wages. 
 
-- D. What are the prescribed penalties for rape or 
forcible sexual assault? 
 
The penalty for rape or forcible sexual assault under the Lao penal 
code, Article 119, is three to five years imprisonment. Abduction is 
punishable under Article 92 by five to fifteen years imprisonment. 
Rape of a minor is punishable by seven to 15 years, prostitution by 
up to one year, and pimping by up to three years. Some of these 
statutes have been used against traffickers prior to the passage of 
Article 134. The legal age of consent in Laos is 15. 
 
-- E. Law Enforcement Statistics: Did the government 
prosecute any cases against human trafficking offenders 
during the reporting period?  If so, provide numbers of 
investigations, prosecutions, convictions, and sentences 
imposed, including details on plea bargains and fines, if 
 
VIENTIANE 00000071  010 OF 020 
 
 
relevant and available.  Please note the number of 
convicted traffickers who received suspended sentences 
and the number who received only a fine as punishment. 
Please indicate which laws were used to investigate, 
prosecute, convict, and sentence traffickers.  Also, if 
possible, please disaggregate numbers of cases by type of 
TIP (labor vs. commercial sexual exploitation) and 
victims (children under 18 years of age vs. adults).  If 
in a labor source country, did the government criminally 
prosecute labor recruiters who recruit workers using 
knowingly fraudulent or deceptive offers or by imposing 
fees or commissions for the purpose of subjecting the 
worker to debt bondage?  Did the government in a labor 
destination country criminally prosecute employers or 
labor agents who confiscate workers' passports/travel 
documents for the purpose of trafficking, switch 
contracts or terms of employment without the worker's 
consent to keep workers in a state of service, use 
physical or sexual abuse or the threat of such abuse to 
keep workers in a state of service, or withhold payment 
of salaries as a means to keep workers in a state of 
service?  What were the actual punishments imposed on 
persons convicted of these offenses?  Are the traffickers 
serving the time sentenced?  If not, why not? 
 
The GOL did investigate and prosecute cases of human traffickers 
under Article 134 of the criminal code during the reporting period. 
Cases of labor recruiters found to use force, fraud or coercion were 
prosecuted as human traffickers. According to information from the 
Supreme People's Court, 15 people were convicted for human 
trafficking in 2008. While we do not have sentencing information for 
all 15 cases, MOPS provided data on three cases: one trafficker was 
sentenced to 15 years imprisonment and fined, and two were sentenced 
to one year imprisonment and fined. All three are currently serving 
their sentences. MOPS sources informed EmbOff that they are in the 
process of collecting nation-wide data, and hope to have it 
available early in 2009. There were 53 ongoing investigations, as of 
December 2008. The government-controlled press regularly reports on 
specific arrests related to human trafficking as a warning to both 
traffickers and potential victims. 
 
-- F. Does the government provide any specialized 
training for government officials in how to recognize, 
investigate, and prosecute instances of trafficking? 
Specify whether NGOs, international organizations, and/or 
the USG provide specialized training for host government 
officials. 
 
The GOL does provide training on human trafficking to officials, 
sometimes using NGOs and international organizations in addition to 
sessions run by GOL agencies.  Examples during the reporting period 
include six workshops for training MOJ and law enforcement officials 
about the legal foundations of fighting human trafficking (provided 
by UNODC, June 2007-December 2008); quarterly workshops led by the 
Lao Tourism Authority on how to recognize possible child trafficking 
cases (jointly with Childwise and the Lao Tourism Police); technical 
assistance training of MOPS and LWU on data collection and 
monitoring skills (provided by UNICEF);  MLSW workshops on the 
Lao-Thai MOU and protection of Lao workers (February and December 
2008); a series of seminars on how to implement human trafficking 
laws across the region for MOJ and LWU (funded by UNIAP and ARTIP); 
People's Supreme Court, Public Prosecutors, and MOPS training of 
village chiefs and district officials on investigations involving 
children; MLSW teams training district and village officials on safe 
migration and trafficking risks; Lao Bar Association and MOJ 
disseminating information on the trafficking laws and victims rights 
to nine provinces (June 2007-May 2008); UNIAP programs at the 
National University to educate students on the dangers of 
trafficking in September and December 2008; and a National 
Conference on the Prevention of Human Trafficking in September 2008. 
 
 
--G. Does the government cooperate with other governments 
in the investigation and prosecution of trafficking 
cases?  If possible, provide the number of cooperative 
international investigations on trafficking during the 
reporting period. 
 
VIENTIANE 00000071  011 OF 020 
 
 
 
The GOL does cooperate with other agencies, particularly Thai 
police, to investigate and prosecute trafficking cases. Post does 
not have information on the total number of such international 
investigations, although anecdotal press reports suggest that almost 
all trafficking cases begin with information from victims coming 
from Thailand. However, according to The Asia Foundation, 
cross-border investigations are hampered by lack of technical 
resources and information. The formally-identified victims who are 
repatriated to Laos - roughly 235 last year - have folders of case 
information that are sent to the Lao authorities at the time of the 
repatriation. The information is usually hand-written in Thai, and 
Lao officials often cannot read the handwriting, leaving thousands 
of pages of documents on specific, identified cases sitting in 
archives. 
 
During the reporting period, at least 6 Vietnamese women were 
rescued by Savannakhet provincial units of the Anti-Trafficking 
Police and referred to two NGOs for medical checks, counseling, and 
temporary shelter. Four victims chose not to cooperate on 
prosecuting the traffickers, and were repatriated back to Vietnam. 
Two victims are still in temporary shelters in Laos, with the 
investigation continuing. This process of repatriating Vietnamese at 
the local level is still informal, pending the signing of the 
Laos-Vietnam MOU on trafficking and repatriation, but appears to be 
working well along the Vietnam-Laos-Thailand highway corridor. 
 
The GOL regularly hosts meetings at the central and provincial level 
to consult with counterparts on human trafficking with both Thailand 
and Vietnam. 
 
-- H. Does the government extradite persons who are 
charged with trafficking in other countries?  If so, 
please provide the number of traffickers extradited 
during the reporting period, and the number of 
trafficking extraditions pending. In particular, please 
report on any pending or concluded extraditions of 
trafficking offenders to the United States. 
 
Laos has extradition agreements with Vietnam, Thailand, and 
Cambodia. Post has no information on whether such extraditions 
occurred during the reporting period. 
 
-- I. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional 
level?  If so, please explain in detail. 
 
There is no evidence of GOL involvement in trafficking on an 
institutional level, nor have specific human trafficking cases been 
reported to the Embassy through NGOs or other sources of information 
involving individual Lao officials during the reporting period. 
However, at the local level, observers believe it almost certain 
that some officials are involved in facilitating trafficking, 
sometimes in collusion with their Thai counterparts. These local Lao 
officials may be complicit in the smuggling and have probably been 
aware of the intentions of those traveling to Thailand. There is 
also evidence that border officials permit smuggling of all kinds, 
and presumably this includes humans. However, the majority of Lao 
victims are trafficked once they reach their destination in 
Thailand, making it even less certainhow many - and to what extent - 
Lao officials are involved in the human trafficking trade as opposed 
to smuggling. 
 
-- J. If government officials are involved in 
trafficking, what steps has the government taken to end 
such participation?  Please indicate the number of 
government officials investigated and prosecuted for 
involvement in trafficking or trafficking-related 
corruption during the reporting period.  Have any been 
convicted?  What sentence(s) was imposed?  Please specify 
if officials received suspended sentences, or were given 
a fine, fired, or reassigned to another position within 
the government as punishment.  Please indicate the number 
of convicted officials that received suspended sentences 
or received only a fine as punishment. 
 
GOL officials are susceptible to involvement in trafficking of 
 
VIENTIANE 00000071  012 OF 020 
 
 
narcotics and wildlife, illegal logging, and illegal activities, in 
addition, potentially, to trafficking in persons. Post has not 
received any specific reports of actual trafficking cases involving 
government complicity or particular officials colluding in human 
trafficking during the reporting period, from NGOs or other sources. 
However, low salaries and widespread accounts of official corruption 
make some such cases of involvement likely. Embassy Vientiane has no 
reports of government officials disciplined or punished for 
involvement in human trafficking. However, low salaries and 
widespread accounts of official corruption make some such cases of 
involvement likely. 
 
-- K. Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute 
criminalized?  Are the activities of the brothel 
owner/operator, clients, pimps, and enforcers 
criminalized?  Are these laws enforced?  If prostitution 
is legal and regulated, what is the legal minimum age for 
this activity?  Note that in countries with federalist 
systems, prostitution laws may be under state or local 
jurisdiction and may differ among jurisdictions. 
 
Prostitution is illegal in Laos but in practice is widespread, and 
authorities have usually made few efforts to halt it. Lao law 
prohibits foreigners from engaging in sexual activity with Lao 
citizens outside of marriage, and foreigners are regularly fined, 
and occasionally arrested, under this law. Both sex workers and 
clients are usually Lao. During the reporting period, six Vietnamese 
women were rescued from the commercial sex trade by the 
Anti-Trafficking Police. See para G above. Although they refused to 
cooperate on the prosecution side, NGO workers assisting them say 
that their clients were primarily Vietnamese, using the new highway 
connecting Vietnam and Laos. 
 
The government periodically moves to shut down establishments, such 
as bars, nightclubs and discos, where prostitutes operate. For 
example, during the reporting period, AFESIP noted a marked increase 
in police surveillance of "corner beer shops" known for providing 
commercial sex workers in both Savannakhet and Champassak provinces. 
 Many of those shops have since shut down or appear to have exited 
the commercial sex trade. In one specific instance in Luang Prabang, 
AFESIP reported a case of possible internal trafficking (underage 
prostitution) to local police, resulting in the arrest of one 
alleged trafficker and the closure of two beer shops. Anecdotal 
evidence suggests police in Vientiane Municipality have not been as 
active against the smaller shops, although they occasionally raid 
larger nightclubs. Nevertheless, extreme poverty and lack of viable 
economic opportunities for young people ensure a perpetuation of 
prostitution in spite of anti-prostitution laws and occasional 
government campaigns. 
 
The majority of establishments offering sex workers - discos, bars, 
beer shops and restaurants - charge the guest a fee to take the sex 
worker out of the establishment. Fees usually range from 2 to 4 USD. 
The actual fees for sexual services are generally arranged between 
the sex worker and the client. Drinking establishments and guest 
houses frequently have prostitutes available, sometimes as employees 
and sometimes freelance. The activities of owners/operators of 
establishments with prostitutes are also criminalized, as are those 
of clients. Although prostitution laws are often not enforced, some 
researchers feel that increased enforcement by the GOL would 
actually result in negative consequences - prostitutes going 
underground and being more likely subjected to abuse; as well as 
greater likelihood of increased low-level GOL officials involved in 
the prostitution trade. 
 
-- L. For countries that contribute troops to 
international peacekeeping efforts, please indicate 
whether the government vigorously investigated, 
prosecuted, convicted and sentenced nationals of the 
country deployed abroad as part of a peacekeeping or 
other similar mission who engaged in or facilitated 
severe forms of trafficking or who exploited victims of 
such trafficking. 
 
Laos does not contribute troops to international peacekeeping 
efforts. 
 
VIENTIANE 00000071  013 OF 020 
 
 
 
-- M. If the country has an identified problem of child 
sex tourists coming to the country, what are the 
countries of origin for sex tourists?  How many foreign 
pedophiles did the government prosecute or deport/extradite to their 
country of origin?  If your host country's nationals are 
perpetrators of child sex tourism, do the country's child sexual 
abuse laws have extraterritorial coverage (similar to the U.S. 
PROTECT Act) to allow the prosecution of suspected sex tourists for 
crimes committed abroad?  If so, how many of the country's nationals 
were prosecuted and/or convicted during the reporting period under 
the extraterritorial provision(s) for traveling to other countries 
to engage in child sex tourism? 
 
Sexual relations between foreigners and Lao citizens, of any age, 
outside marriage are prohibited by law, and police routinely fine 
foreigners who are suspected of the crime. Sex with a minor under 
age 15 is also illegal. While there is no hard evidence that Laos 
has a significant problem with child sex tourism, either as a 
destination or a source country, government officials, consular 
officers, and NGOs all believe the trade is likely to grow, given 
additional enforcement of child sex tourism laws elsewhere in the 
region and the growing interest in Laos as a tourist destination. 
 
Tourism in Laos has grown from less than 900,000 visitors in 2004 to 
over 1.8 million visitors in 2008. Over 55% of those tourists are 
from Thailand, with another 23% coming from other Asian countries, 
according to 2007 statistics. "International" tourists (from Europe, 
Australia and the Americas) make up the remaining 22% of tourists 
coming to Laos. 
 
This increase in tourism and the child sex tourism problems 
elsewhere in the region have attracted the attention of Lao 
authorities, who are attempting to prevent child sex tourism from 
taking root in Laos. At the November 2008 COMMIT Summit, for 
example, Lao officials presented their plans for working in 
coordination with the tourism sector to prevent the problem from 
developing in Laos. 
 
With laws criminalizing sexual exploitation of children, Laos has 
strong legal codes in place. The government has called on 
traditional anti-trafficking agencies - MOPS, MLSW, Ministry of 
Justice - to work with the Lao National Tourism Authority to combat 
the problem. Already many major international hotels, tour 
operators, minivan drivers, and other related agencies in Vientiane, 
Champassak, and Luang Prabang - the biggest tourism destinations - 
have posters created by Childwise prominently displayed in bars and 
lobby areas, and on bumper stickers. UNESCO and Save the Children 
created a radio campaign in several local ethnic languages at the 
behest of the MLSW to increase awareness of the problem. (Note: 
Radio reaches over 80% of the Lao population, the largest reach of 
any medium in Laos.) Animated cartoons and videos created by IOM, 
Save the Children and UNICEF are distributed by the Lao Youth Union 
and in schools and other centers that attract youth. Tourism sector 
employees are receiving training to report suspicious behavior, 
including quarterly seminars jointly hosted by the GOL and NGOs in 
major tourist destinations throughout the year. The June 2008 
seminar included strategies for evaluating the success of the 
previous year's training, and solicited ways of improving and 
expanding the training. Training of tourist police also continued 
during the reporting period. 
 
The guidelines given to police and tourism workers state that 
protecting children from child sex tourism and child labor abuse in 
the tourism industry is a primary objective for the tourism police. 
Laos has a telephone number available to report incidents, although 
Post has no information on specific cases reported through this 
mechanism. However, given the shortage of resources and training of 
law enforcement cited above, and the potential for corruption, it is 
not clear how effective the law enforcement response to a report of 
child sex tourism might be. Post has reliable information about an 
incident of an Australian calling the tourism police number to 
report a possible Swiss pedophile at the local swimming pool, but 
receiving very little cooperation from the person answering the 
phone. It is unclear whether the telephone number will reach an 
English speaking officer on a regular basis, making it difficult for 
tourists to report suspicious activity by other tourists. 
 
VIENTIANE 00000071  014 OF 020 
 
 
 
XXVI: (U) PROTECTION AND ASSISTANCE TO VICTIMS: 
 
-- A.  What kind of protection is the government able 
under existing law to provide for victims and witnesses? 
Does it provide these protections in practice? 
 
Most victims and witnesses are associated with trafficking cases 
involving criminal activity in Thailand. Although in theory the law 
provides for privacy rights of victims and protection of witnesses, 
in practice that type of support is rarely relevant to Lao 
authorities. 
 
-- B.  Does the country have victim care facilities 
(shelters or drop-in centers) which are accessible to 
trafficking victims?  Do foreign victims have the same 
access to care as domestic trafficking victims?  Where 
are child victims placed (e.g., in shelters, foster care, 
or juvenile justice detention centers)?  Does the country 
have specialized care for adults in addition to children? 
Does the country have specialized care for male victims 
as well as female?   Does the country have specialized 
facilities dedicated to helping victims of trafficking? 
Are these facilities operated by the government or by 
NGOs?  What is the funding source of these facilities? 
Please estimate the amount the government spent (in U.S. 
dollar equivalent) on these specialized facilities 
dedicated to helping trafficking victims during the 
reporting period. 
 
The MLSW and the Immigration Department, in cooperation with IOM, 
UNIAP, Village Focus (VFI), and AFESIP, work together to provide 
victims assistance. Women and children are the primary users of 
these facilities. The MLSW maintains a small transit center for that 
purpose in Vientiane. The transit center has assisted more than 1300 
human trafficking victims since it opened in late 2001, including 
approximately 235 in 2008 and 21 in January 2009. Victims stay in 
the transit shelter for approximately one week, while officials 
attempt family assessments and counseling. Victims are asked whether 
they wish to return to their families or need additional time in a 
shelter. Very few victims request referrals to the LWU,VFI, or 
AFESIP shelters since they spend 5-8 months, on average, in a 
shelter in Thailand before being returned to Laos. GOL officials 
escort victims home when that is the choice made by the victims. 
Those victims not ready to return home are referred to the AFESIP 
shelters in Vientiane or Savannakhet, the VFI shelter in Pakse, or 
the LWU shelter in Vientiane for longer term care and vocational 
training. The LWU shelter for victims of domestic violence and 
trafficking opened in late 2005 with joint funding from UNICEF, the 
Japanese Government, and The Asia Foundation. It provided shelter 
and legal, medical, and counseling assistance to 48 women in 2007 
and 40 in January/February 2008. Approximately one third were 
trafficking victims. Post is waiting for additional 2008 data. 
AFESIP opened its shelter in Vientiane in October 2006 and the 
Savannakhet shelter in October 2008, dedicated to providing 
longer-term shelter and counseling for victims of sexual 
exploitation, both domestic and those returned from abroad. That 
shelter assisted 27 victims as long-term residents in 2008. In 
addition, AFESIP conducted 121 reintegration assessments for the 
MLSW. The Village Focus shelter in Pakse opened in October 2008 and 
will also conduct vocational training classes and offer services to 
assist with reintegration, working with the Ministry of Education. 
 
-- C.  Does the government provide trafficking victims 
with access to legal, medical and psychological services? 
If so, please specify the kind of assistance provided. 
Does the government provide funding or other forms of 
support to foreign or domestic NGOs and/or international 
organizations for providing these services to trafficking 
victims?  Please explain and provide any funding amounts 
in U.S. dollar equivalent.  If assistance provided was 
in-kind, please specify exact assistance.  Please specify 
if funding for assistance comes from a federal budget or 
from regional or local governments. 
 
Generally the government does not have the resources to provide 
extended care to trafficking victims beyond the basic services at 
 
VIENTIANE 00000071  015 OF 020 
 
 
the MLSW transit center, and so requests assistance from NGOs. When 
possible, the government does provide assistance in kind, for 
example, providing the land for the AFESIP shelter in Savannakhet. 
The LWU has a representative in every village in Laos and helps to 
monitor cases of victims returning home after staying in its 
shelter. 
 
-- D. Does the government assist foreign trafficking 
victims, for example, by providing temporary to permanent 
residency status, or other relief from deportation?  If 
so, please explain. 
 
Foreign trafficking victims are generally given basic social 
services assistance commensurate with that given to Lao victims. 
Norwegian Church Aid, for example, signed an MOU with the GOL in 
2008 to help Vietnamese victims, using funding granted by the 
Embassy of Norway in Vietnam. That process is conducted jointly 
between Lao and Vietnamese authorities to return the victims in a 
safe and humane manner. World Vision and AFESIP have both assisted 
Vietnamese victims referred by the local police or MLSW during the 
reporting period. 
 
-- E. Does the government provide longer-term shelter or 
housing benefits to victims or other resources to aid the 
victims in rebuilding their lives? 
 
The LWU and AFESIP shelters all provide longer-term housing and 
vocational training. AFESIP and Village Focus both provide these 
services on behalf of the MLSW, using donor resources. The GOL does 
not have the funds to provide the services without assistance. 
Various donors have microfinance programs in addition to the 
vocational training. Save the Children Australia ran one such 
program in the north, Village Focus, World Vision and others operate 
similar programs in the south. (Note that 86% of the GOL budget is 
from development assistance.) 
 
-- F. Does the government have a referral process to 
transfer victims detained, arrested or placed in 
protective custody by law enforcement authorities to 
institutions that provide short- or long-term care 
(either government or NGO-run)? 
 
Yes. The MLSW transit center receives victims from the immigration 
authorities, then refers identified trafficking victims to other 
shelters at the victim's request or if an assessment determines they 
cannot be sent home. The other shelters are operated by the LWU, 
AFESIP, or Village Focus. According to several NGOs, law enforcement 
authorities at the provincial levels have also referred cases of 
both domestic and international trafficking victims to their 
shelters or services. 
 
-- G. What is the total number of trafficking victims 
identified during the reporting period?  Of these, how 
many victims were referred to care facilities for 
assistance by law enforcement authorities during the 
reporting period?  By social services officials?  What is 
the number of victims assisted by government-funded 
assistance programs and those not funded by the 
government during the reporting period? 
 
In 2008, approximately 235 trafficking victims were returned to Laos 
from Thailand under the official repatriation mechanism and another 
21 followed in January 2009. Trafficking victims are currently 
identified through a formal program with Thai authorities, whereby 
Thailand identifies the victims, provides initial shelter and some 
counseling, then repatriates them to Laos. IOM and the Lao Embassy 
in Bangkok facilitate the process. The victims spend a week at the 
transit center in Vientiane, then are returned home or referred to 
the LWU or AFESIP shelters. Domestic trafficking victims, such as 
girls found working in the "beer shops," can be referred to either 
shelter as well. The Village Focus shelter receives referrals from 
local authorities, other NGOs and from their own staff.  Other 
foreign victims are sometimes referred to these shelters by local 
authorities as well. Local social services and police officials do 
not report how many domestic or foreign victims they refer to 
shelters to central government authorities. 
 
 
VIENTIANE 00000071  016 OF 020 
 
 
-- H. Do the government's law enforcement, immigration, 
and social services personnel have a formal system of 
proactively identifying victims of trafficking among 
high-risk persons with whom they come in contact (e.g., 
foreign persons arrested for prostitution or immigration 
violations)?  For countries with legalized prostitution, 
does the government have a mechanism for screening for 
trafficking victims among persons involved in the 
legal/regulated commercial sex trade? 
 
The majority of trafficking victims are returned as such via a 
formal process established with Thai authorities.  Lao law 
enforcement have received training on how to identify victims who 
are returning as migrants, but have very limited resources. In 
addition, Thai authorities routinely conduct "irregular" returns, in 
which they simply force groups of migrants across the border. These 
returnees may not come through a border checkpoint, so they are not 
available for any formal screening by immigration authorities. 
AFESIP and World Vision report that immigration authorities have 
occasionally called on their Savannakhet resources, shelter, or 
staff to assist a potential victim who was part of an "irregular" 
return through a border checkpoint. 
 
-- I. Are the rights of victims respected?  Are 
trafficking victims detained or jailed?  If so, for how 
long?  Are victims fined?  Are victims prosecuted for 
violations of other laws, such as those governing 
immigration or prostitution? 
 
Officially-identified trafficking victims returned from Thailand 
through the formal process are neither jailed nor fined. They are 
placed in a transit shelter one week while officials and social 
services staff from the MLSW conduct assessments, then are returned 
home or sent to longer term shelters at the victims' request. The 
elimination of exit visas in January 2007 and the official 
elimination of the "fines" for returning migrants in 2005 have 
helped protect victims from legal prosecution. None of the 
organizations we spoke to could identify a specific instance of 
identified trafficking victims being forced to pay fines to local 
authorities for returning home. The MLSW and other GOL parties 
continue to instruct provincial authorities that they cannot fine 
returning trafficking victims or returning migrants. Post has heard 
anecdotally of cases of female victims of domestic trafficking 
simply "freed" from the bar owners and sent home, while the bar 
owners are apparently facing prosecution. There have been no 
attempts to prosecute or fine victims of domestic trafficking or 
sexual exploitation who have passed through either the AFESIP or LWU 
shelter. 
 
-- J. Does the government encourage victims to assist in 
the investigation and prosecution of trafficking?  How 
many victims assisted in the investigation and 
prosecution of traffickers during the reporting period? 
May victims file civil suits or seek legal action against 
traffickers?  Does anyone impede victim access to such 
legal redress?  If a victim is a material witness in a 
court case against a former employer, is the victim 
permitted to obtain other employment or to leave the 
country pending trial proceedings?  Are there means by 
which a victim may obtain restitution? 
 
The GOL does encourage victims to cooperate with prosecutions, 
although several NGOs are working hard to ensure that victims are 
not "revictimized" by law enforcement pressure to cooperate with the 
judicial process. Other NGOs are encouraging Lao enforcement to 
gather more information from victims, leading some law enforcement 
officials to believe they are hearing contradictory "international 
standards." Laos has no victim restitution program. The GOL has no 
special program for witness protection, a matter of concern to the 
trafficking police, although the law calls for the protection of the 
victims' identities (see section 28, Law on the Protection of Women, 
Article 25,"Rights of Victims"). Since the majority of identified 
trafficking victims are returned from Thailand, law enforcement in 
Laos is not as concerned with witness protection. In theory, a 
trafficking victim could file a civil suit against a trafficker, 
although this has not been done in practice in Laos. Victims 
returned from Thailand have usually been interviewed by Thai police, 
 
VIENTIANE 00000071  017 OF 020 
 
 
and a few have helped in the successful prosecution of their 
traffickers before returning to Laos. Access to legal redress is 
restricted by culture and lack of resources for both the victims and 
the legal community. Cases that do reach the prosecution stage in 
Laos are most likely the result of information from the victims or 
their families upon the victim's return home. 
 
Most Lao, including trafficking victims, are not familiar with the 
use of court procedures to redress grievances of any kind. The legal 
aid clinic program run by the Lao Bar Association is working to 
teach people how lawyers can provide assistance. The Ministry of 
Justice is also working to disseminate information on this issue. 
Most Lao use mediation and arbitration through respected village 
leaders to settle disputes. NGOs report stories of victims asking 
for village leaders to intervene in local situations where brokers 
may have acted in bad faith, but those situations are often not 
reported to the authorities. With only 10,000 or so policemen in the 
entire country, many villages do not have local law enforcement 
personnel to even take reports, much less conduct thorough 
investigations. Many trafficking victims may not even know that 
legal avenues exist, which is why the LWU and other mass 
organizations expend so much effort on disseminating laws. During 
the reporting period, the LWU conducted training on the law on the 
rights of women and children in all 17 provinces. 
 
In the case of the Vietnamese victims rescued by Savannakhet 
Anti-Trafficking Unit Police during the reporting period, the 
victims refused to testify against their traffickers, and were 
repatriated by provincial authorities. 
 
-- K. Does the government provide any specialized 
training for government officials in identifying 
trafficking victims and in the provision of assistance to 
trafficked victims, including the special needs of 
trafficked children?  Does the government provide 
training on protections and assistance to its embassies 
and consulates in foreign countries that are destination 
or transit countries?   What is the number of trafficking 
victims assisted by the host country's embassies or 
consulates abroad during the reporting period?  Please 
explain the type of assistance provided (travel 
documents, referrals to assistance, payment for 
transportation home). 
 
The government does provide training in all areas of the trafficking 
problem, supported by NGOs, international organizations, and 
regional bodies, although targeted toward specific at risk 
provinces. See paragraphs F, in Section XXV. 
 
Representatives at Lao embassies abroad are also instructed in their 
duties to assist in repatriation of victims, as noted in Section 28 
in the text of the Law on the Protection of Women. Lao 
representatives at the Embassy in Thailand, for example, work with 
IOM and the MLSW to repatriate Lao victims. The Lao Embassy in 
Bangkok has a special unit charged with assisting migrants and 
trafficking victims. Usually the unit provides documents for the 
repatriation, if necessary, and coordinates shelter and assistance 
with the authorities in Thailand. The unit has, on occasion, funded 
the return of truly destitute victims who are not returned via the 
Thai shelter/IOM mechanism. Officials from the Lao Embassy in 
Bangkok have also escorted returnees to Laos on some occasions, 
according to the MFA. The Thai Center for the Protection of 
Children's Rights (CPCR) and the Foundation for Women of Thailand 
have also been involved with this effort. 
 
The MLSW has a unit dedicated to protecting children identified as 
trafficking victims, and both the AFESIP shelter and the LWU shelter 
have programs in place for younger children. Approximately 80% of 
the victims of human trafficking returned from Thailand in 2008 were 
under age 18. 
 
-- L. Does the government provide assistance, such as 
medical aid, shelter, or financial help, to its nationals 
who are repatriated as victims of trafficking? 
 
The government provides initial medical screening and counseling for 
victims in a transit shelter in Vientiane, as well as counseling, 
 
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medical services, vocational training, employment services, and 
ongoing monitoring to victims sent to the LWU shelter. AFESIP and 
Village Focus, under their MOUs, provide similar services and 
monitoring for the victims referred to its shelter. IOM and AFESIP, 
with assistance from MLSW, currently try to monitor victims 
reintegrated directly into the community after staying in the 
transit shelter. The LWU also does monitoring of former victims. 
 
-- M. Which international organizations or NGOs, if any, 
work with trafficking victims?  What type of services do 
they provide?  What sort of cooperation do they receive 
from local authorities? 
 
The GOL occasionally provides office space, land for shelters, and 
staff (usually MLSW or LWU) to assist in monitoring and assistance 
programs run by NGOs and IOs. The LWU shelter is staffed with LWU 
employees for example, but funded by outside organizations. The GOL 
does keep a close eye on NGOs working in victims' assistance as part 
of the overall effort to coordinate programs. MOUs are signed and 
workplans developed to meet the needs in particular provinces and 
among specific populations. To the extent its resources allow, the 
GOL does appear to provide or refer victims to appropriate 
organizations to get assistance. 
 
The following IOs and NGOs work in Laos on trafficking issues: UNDP; 
UNICEF; UNIFEM; UNESCO; UNODC; UNFPA; ARTIP; Save the Children, 
Australia; Save the Children, Norway; Save the Children, UK; 
International Labor Organization; Norwegian Church Aid; World 
Vision; Asia Regional Cooperation to Prevent People Trafficking; 
World Education/Consortium; Village Focus International; IOM; Care, 
International; AFESIP; Childwise; Friends International; and Oxfam. 
 
XXVII. (U) PREVENTION: 
 
-- A. Did the government conduct anti-trafficking 
information or education campaigns during the reporting 
period?  If so, briefly describe the campaign(s), 
including their objectives and effectiveness.  Please 
provide the number of people reached by such awareness 
efforts, if available.  Do these campaigns target 
potential trafficking victims and/or the demand for 
trafficking (e.g. "clients" of prostitutes or 
beneficiaries of forced labor)?  (Note: This can be an 
especially noteworthy effort where prostitution is legal. 
End Note.) 
 
With NGO and donor funding, the GOL has sponsored media messages on 
the dangers of trafficking.  The media, which is controlled by the 
government, includes articles on human trafficking in the newspapers 
2-3 times per month. 
Programs at the National University of Laos and "feature" articles 
in the press regularly warn young people of the dangers of 
trafficking. The MLSW also worked with UNICEF to set up 
awareness-raising billboards near border checkpoints and in Laos' 
larger cities. Many Lao schools, libraries, and public buildings 
also have posters on the dangers of trafficking. In December 2008, 
the Lao Youth Union and UNICEF held a day-long event with workshops, 
puppet shows, and plays to address child trafficking specifically. 
The event, led by the Deputy Prime Minister/Minister of National 
Defense, was covered widely in the Lao press, including radio, 
television, and print. The Deputy PM also specifically warned of the 
dangers of child sexual exploitation and domestic trafficking, 
showing that the government is beginning to focus on these problems 
in Laos. UNESCO and the Lao Youth Union collaborated on radio 
programs in Lao and minority languages on the dangers of trafficking 
during the reporting period, reaching students and young people 
outside the major cities. 
 
In September 2008, the Ministry of Information and Culture approved 
a documentary on human trafficking created by MTV (with USAID 
funding), providing assistance in getting the film dubbed into Lao 
and gaining permission from the Steering Committee for airing in 
Laos. LaoStar Channel, a semi-private television company, then aired 
the MTV program repeatedly throughout the fall. In addition, a 
concert with leading Lao popstars was also aired with 
anti-trafficking messages edited into the televised concert footage. 
 Copies of this production are being distributed throughout the 
 
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country by NGOs and government officials alike. The GOL also aired 
the MTV film as part of its official program at the COMMIT SOM 6 
summit in November 2008. 
 
-- B. Does the government monitor immigration and 
emigration patterns for evidence of trafficking? 
 
The Government of Laos cooperates with IOM and United Nations 
agencies, particularly the UNIAP, to monitor, document, and suggest 
remedies for trafficking-related problems. In most places borders 
can be crossed easily by land or by boat, and the GOL has a very 
limited capacity to monitor border areas outside established 
immigration and customs posts. However, mapping of migration 
patterns and  human trafficking has significantly improved in recent 
years. Since 2001, the MLSW, acting with international NGOs, has 
conducted data collection and simultaneous parallel public education 
campaigns. 
 
-- C. Is there a mechanism for coordination and 
communication between various agencies, internal, 
international, and multilateral on trafficking-related 
matters, such as a multi-agency working group or a task 
force? 
 
There are several mechanisms for coordinating anti-trafficking 
issues among agencies. The Ministerial Committee on Trafficking, 
established in 2004 as part of Laos' COMMIT commitment, is one such 
avenue and is designed primarily to coordinate among Lao government 
ministries.  The Inter Agency Coordination Committee, chaired by 
UNIAP, includes any interested NGO or diplomatic community 
representative as well as representatives from the MFA, Ministry of 
Justice, MOPS, MLSW, and the Prosecutor's Office. This group meets 
approximately every 3-4 months to discuss new initiatives, share 
information, and request assistance from each other or a government 
ministry. (For example, NGOs are sharing phone numbers, brochures, 
and other materials that will be included in multi-agency "Safe 
Migration" kits for distribution in areas with at-risk populations 
and include information on how to identify trafficking risks and how 
to seek assistance, including telephone numbers in both Laos and 
Thailand. This initiative began in 2007 when three agencies learned 
that they were all working on contact information cards for those at 
risk, and is now a regular part of the UNIAP meetings.) 
 
-- D. Does the government have a national plan of action 
to address trafficking in persons?  If the plan was 
developed during the reporting period, which agencies 
were involved in developing it?  Were NGOs consulted in 
the process?  What steps has the government taken to 
implement the action plan? 
 
The GOL is currently working with UNIAP to implement an action plan 
to address prevention, prosecution, protection, and reintegration 
for 2008 and 2009. NGOs were asked in January 2008 to fill in areas 
on the plan grid where they are currently working so the GOL can 
identify the gaps. The plan was highlighted again in November at the 
SOM 6 conference. 
 
Any representative of a foreign embassy, NGO, or IO with an interest 
in trafficking was welcome at a series of open meetings on the draft 
NPA and could actively participate in working groups to establish 
the performance evaluation metrics that are included in the plan. 
Although the last country in the region to complete an NPA on human 
trafficking, Laos was apparently the first to include metrics for 
evaluation in its plan. According to the MLSW, the plan was approved 
by the National Assembly in October 2007 and is waiting final 
ratification by the Prime Minister's office, which is expected in 
early 2009. MFA officials told Emboff that the delay is caused by 
Cabinet concerns over whether Laos will have the budget to fully 
implement the NPA. 
 
-- E: What measures has the government taken during the 
reporting period to reduce the demand for commercial sex 
acts?   (see ref B, para. 9(3) for examples) 
 
The government's efforts to combat prostitution appear to be limited 
to law enforcement activity against owners and operators of venues 
and public awareness campaigns on child sexual exploitation (cited 
 
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above). Police periodically move to shut down establishments, such 
as bars, nightclubs and discos, where prostitutes operate. Recently, 
small but targeted campaigns on HIV/AIDS have helped highlight the 
risks of the commercial sex trade in nightclubs, bars, and discos. 
Nevertheless, extreme poverty and lack of viable economic 
opportunities for young people ensure a perpetuation of prostitution 
service suppliers in spite of anti-prostitution laws and occasional 
government campaigns. 
 
-- F. Required of all Posts: What measures has the 
government taken during the reporting period to reduce 
the participation in international child sex tourism by 
nationals of the country? 
 
Laos has a national campaign to publicize the dangers of child sex 
tourism in Laos. Post has no reports of Lao nationals participating 
in child sex tourism abroad. See previous paragraphs detailing 
training sessions led by the Lao Tourism Authority; the posters and 
bumper sticker and signs warning of the problem in major tourist 
zones; and the telephone line set up by the Tourism Police (the 
latter of indeterminate value). 
 
HUSO