Sawasdee Ka from Thailand!

Thailand is still incredible, and my internship is as interesting as ever! My main assignment for this internship is to write a paper regarding human trafficking in Thailand. My supervisor left the topic very open to allow me to write about any aspect that interests me, so I have chosen to write about §49 of the new Thai law to prevent and suppress human trafficking. This section states that if a foreigner enters Thailand illegally, and then falls victim to human trafficking, the government is not allowed to charge that victim with the illegal entry. The interesting part is that the police force decides whether the person is actually a victim of human trafficking. In many cases it is obvious that they are or are not, however the definition of human trafficking is a little fuzzy when it comes to borderline cases. For example, there are often cases when workers enter illegally for legitimate work, only to find themselves abused or exploited. Many social workers and legal professionals see these cases as those of trafficking, however one of the Thai government’s goals is to cut down on the extreme amount of illegal immigration, so police officers are likely to decide that those foreigners are victims of human smuggling, rather than trafficking, so that they can be charged and punished.
Before the section was part of the law, it was an agreement in a memorandum of understanding between the Thai government and NGO’s. At that point many officers completely disregarded it, defending their decisions by stressing that MOU’s are not law. Many social workers and NGO workers here have hopes that since the agreement was added to the law, officers will acknowledge it. Even if they do acknowledge it in obvious cases of trafficking, it is likely that a lot of them will disregard it in borderline cases simply by deciding that the victims are not those of human trafficking.
Right now I am in the middle of the Surat Thani province visiting the Sri Surat Shelter, where I will have the opportunity to interview prosecutors, social workers, and police officers about their feelings toward the new law, the prevention of illegal immigration, and their predictions concerning victim identification in light of the new law. This is the second shelter I’ve visited. It is so interesting to learn about the victims that they protect, and the types of protection that they provide. Last week I was able to accompany a group from the first shelter to labor court where they were given the wages that had been withheld by their abusive employer. I also had the opportunity to sit in on a criminal trial for girls from Laos who were trafficked into prostitution. While it is sad to meet these girls and learn about their experiences, it is very moving to watch their faces when they win cases and find out that they can go back to their home countries. Today I met girls as young as 13 who were brought in from the streets of Koh Samui, where they were forced to sell flowers in the streets all day, and given little or no food or care.
Surat Thani is so different from Bangkok! While in Bangkok there are foreigners (called farang) everywhere, here I think I just may be the only one, which attracts a lot of stares and giggling- especially when I try to speak the small amount of Thai that I know! Aside from the people that I’ve met through the shelter, the only English speaking person I know is the fabulous hostel owner nicknamed “Ma.” At first I was skeptical about staying at an hourly hotel with an owner named “Ma,” but she has been incredible, driving me wherever I need to go and even taking me to see the night market in the main town. Tomorrow I will go to a training program for victim identification, and then back to Bankok! Can’t wait to share more!
Best, Jill.

A distant view of Mt. Meru- the mountain overlooking Arusha and the ICTR

Hamjambo! (Swahili for hello all!)

Yeah, I know exactly what you all are thinking at the moment- what an amazing grasp of swahili! And you would be right. I know a whole fifteen words. Including hello, thank you and "crazy white person."

I am writing this from Arusha, Tanzania, where I am working for the United Nations International Criminal Tribunal for Rwanda. As you may or may not know, the ICTR was established in 1994 and the first trial was held in 1997. At last count, there have been thirty convictions, five acquittals and eleven trials still in progress. The ICTR is divided into three sections: Chambers, Office of the Prosecution and Defence. I am interning with Chambers and am working on the “Government II” case, which began in 2003 and involves four government ministers accused of genocide and conspiracy to commit genocide.

After years of studying genocide, the events in Rwanda and the ICTR, it has been absolutely fascinating to see it all firsthand. One of the biggest surprises for me has been to discover how little the genocide really factors in the day to day work of the tribunal. A previous intern had warned me that working at the ICTR was very “distant” from what had occurred in Rwanda- but I didn’t fully grasp what she was talking about until I arrived here. The daily work of the Tribunal revolves around the legal issues of the various trials- ranging from questions about the admission of evidence to orders concerning the filing of closing briefs. Most of the work is typical of any court- and in the process of addressing routine motions, it is easy to forget the reason for those legal questions. A long time ago, the genocide formed a basis for the trial- but today, the focus is much more on Rule 92bis or 89(C).

My internship has also provided me with a remarkable look at both the functioning of the ICTR and the international criminal system as a whole. I am sure I won’t surprise too many people when I say that the entire process is infuriatingly slow and inefficient. Some of this just can’t be avoided- the best example that comes to mind is the delay caused by the translation issues. Court generally goes something like this: Prosecutor asks a question in English - pause - which is then translated to French and Kinyarwanda - pause – then the witness responds in Kinyarwanda – pause – and his response is then translated into English and French. Most of the other delays are not so easy to explain away. A few years ago, it was thought that the trials could be expedited by combining defendants charged in similar situations/with the same crime (like my case- “Gov’t II”)- unfortunately, the plan has backfired and the trials have now become much more complicated and slow. The Tribunal also works on a system of “sessions”- rather than beginning the case and continuing it until it is complete, the ICTR only holds court during designated sessions and will then take rather lengthy breaks. These type delays have led to cases like mine- which started in 2003 and is still going… (In fact, I think the ICTR’s “Butare” case just set the record for world’s longest ever trial)

The inefficiency, delays and high cost of the Tribunal (More than $1 billion spent on the ICTR thus far) has made many people pretty jaded to the entire process. From what we hear, the Rwandans are particularly bitter about the Tribunal- and understandably so. In fourteen or so years, the Tribunal has produced 30 judgments. Last I checked, more than 80,000 people are still awaiting trial in Rwanda. The defendants at the ICTR are housed in a UN detention facility outside of Arusha with air conditioning, internet, satellite TV- while many in Rwanda are still struggling with basic issues like food, water and healthcare. (One of the most recent dramas? Conjugal visits for the accused at the UN detention facility: http://dailynews.habarileo.co.tz/magazine/index.php?id=5738) I am hoping to go to Rwanda in the next few weeks on the UN plane and will report more on local opinion once I have spoken to those on the ground.

Enough for the moment- I’ll stop boring everyone and save my stories of Arushan life for another time.

Hope everyone is having a great summer!

Millie

A local Maasai farmer- who definitely seemed to think that

I would have a lot more fun in Arusha if I bought his goat. He might've been right...