Trafficking in Women for the Purpose of Sexual Exploitation - The role of law in the process of trafficking from the Lao People´s Democratic Republic to Thailand

Abstract: Trafficking is a growing problem in the whole world, also in Asia. Additionally, more attention has been drawn to the problem due to the ill treatment of many women, especially in the sex sector. Despite the huge amounts of people, mostly women and children, being trafficked every year and the attention drawn to the problem, there has not until recently been a universal definition of trafficking, when the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime was adopted. Although criticised by some, the definition seems to be generally accepted. The problem of trafficking is newer in the Lao PDR than in many other countries, due to the country being closed until the 1990´s. Three years ago no development cooperation projects concerning trafficking were established in the Lao PDR, now there are twelve, and the Lao government today not only admits the existence of trafficking, but also participates in trying to improve the situation. However, in the Lao PDR there is a capacity problem. The lack of knowledge and education on all levels both in general and concerning legal issues in particular worsens the situation. The existing laws are vague and the enforcement of them both unsystematic and weak. Corruption is another large scale problem in the Lao PDR affecting trafficking. Most women in the Lao PDR who are trafficked, are trafficked to Thailand. Thailand is prosperous compared to the Lao PDR and the neighbouring country has a demand for cheap labour. Many women leave the Lao PDR voluntarily, due to lack of possibilities in the Lao PDR, and thereafter become exploited at a later stage in the trafficking process. The unemployment rates are very high in the Lao PDR and the standard of living in Thailand better. The status of international law is unclear in the Lao PDR and the ratified international conventions are not being properly enforced and are in most cases not followed up. Implementing the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children would therefore, at the moment, not improve the situation of trafficking of women from the Lao PDR to Thailand. However it could probably draw more attention to the problem of trafficking to and in the country. Before implementation it is necessary to improve and enforce national laws as well as clarifying the role of international law in the Lao legal system.