Children's Rights in ASEAN

An Independent Analysis of Childrens Rights in ASEAN
Executive Summary
The Association of Southeast Asian Nations (ASEAN) has undergone continual
change since the formation of the group in 1967. Legal, social, cultural, and economic change
will accelerate with the launch of the ASEAN Economic Community (AEC). In 2015, the
AEC is set to open national borders throughout ASEAN with the intent of creating a single
marketplace where goods, people, and services can flow freely. Objectives of AEC include
broader integration of the region into the global economy and improving the competitiveness
of ASEAN member states.
Two of ten ASEAN members are in the high income group Singapore and Brunei.
Two others are in the upper middle income group Thailand and Malaysia. Indonesia, Laos,
Myanmar, Philippines, and Vietnam fall into the lower-middle income group. Cambodia is in
the low income group. Three ASEAN states Laos, Myanmar, and Cambodia are in the
least developed countries (LDC) group. Poverty is deep and widespread in the ASEAN
group. Poverty has been associated with numerous negative phenomena, such as shorter life
span, adverse health consequences, lower attainment of education, higher instance of violence
and substance abuse, and poor nutrition. A reciprocal relationship was found between wealth
and human rights, which begin in childhood. Higher income and upward mobility are
typically associated with wealthier nations, which have lower reported instance of human
rights abuse than their poorer counterparts. Children born into poverty are more likely to
experience abuse, less likely to complete secondary school, less likely to improve their
socioeconomic status, and more likely to bear children who suffer poverty and abuse.
In order to address these relationships in advance of the AEC, qualitative and
quantitative research was conducted focusing on several areas of childrens rights, namely
poverty, statelessness, child soldiers, child sexual exploitation and trafficking, child labor,
health, and education. Childrens rights emerged from 20th century human rights agreements,
but as with all human rights, they are exercised and enforced at the domestic level. Various
nations come from distinct legal traditions. Their enforcement and adjudication budgets vary
depending on government revenues. Social and cultural conditions further influence human
rights strategies and tactics. These divergent approaches are found in ASEAN, where member
states have joined international conventions and implemented legislation in support of
childrens rights, but still offenses are commonplace.
Performance of treaty obligations were assessed through review of statistics and
literature on issues relating to child welfare. National statutes were analysed for their
effectiveness in eliminating or at least significantly reducing prevalence of abuse of
childrens rights. Parametric and nonparametric statistics were calculated and represented in
graphical form in order to further understand conditions, trends, and relationships between
variables.
Key Findings
Statistically significant, very high, positive correlations were found between income,
life expectancy, and years of schooling in all nine ASEAN states that reported data. A very
high, statistically significant, negative correlation was found between income and stunting in
Vietnam, which was the only ASEAN member that reported frequently enough to find
meaningful correlations on the variables. Such high correlations imply quality of life should
improve as income rises.
Analysis of poverty was complicated by conventional economic methodology, which
usually applies purchasing power parity (PPP) adjustors to income and gross domestic
product (GDP). Comparisons of ASEAN GDP per capita in terms of real US$ and PPP$
revealed that PPP estimations increased income in each nation by about 140% to 300%.
Using PPP values, GDP per capita in Laos, one of the worlds LDCs, exceeded the minimum
threshold for poverty. A sample basket of goods was assembled for comparison of prices
between Thailand and the United States, which showed Thailands currency is potentially
overvalued despite conventional opinions that the Baht is undervalued. Aside from
Singapore, ASEAN countries were found to have high prevalence of real poverty, low
attainment of education, less than universal access to electricity, and other deprivations
associated with poverty.
Statelessness in Thailand and Myanmar was found to be extremely high, due mainly
to Myanmars non-recognition of Rohingya Muslims as citizens. Birth registration in
Cambodia, Indonesia, Laos, and Myanmar occurred in between 62% and 75% of all births,
which contributed to statelessness. The Myanmar Citizenship Law was found to be the main
contributor to statelessness, although the Burmese-Thai Memorandum of Understanding
(MOU) and Thai Nationality Act make it virtually impossible for migrant workers to acquire
Thai citizenship by naturalization.
Myanmars use of child soldiers was found to have been on the decline since the
government initiated reforms to bring back democracy to the country. Thailand and the
Philippines, like Myanmar were found to have been recently involved in the use of child
soldiers, which indicated census, identification, and government registry information has not
been communicated effectively within countries.
Three ASEAN states Cambodia, Laos, and Philippines were found to have child
labor rates of 1 in 10 or greater, while Indonesia, Thailand, and Vietnam rates were 7-8%.
More than half of those children were found to be involved in agricultural labor, most likely
on family farms. Flat income growth among farmers against rising inflation and cost of living
was found to be the largest motivator for parents to choose work rather than school for their
children. Child labor persists in the region due to poverty, but also due to statutory
allowances for children below the minimum age of employment as defined under
international treaty. The Indonesia Manpower Act, Laos Labor Law, and Vietnam Labor Code
were found to violate those nations agreements under International Labor Organization
(ILO) Convention 138 on minimum working age.
One of the worst forms of child labor identified by ILO sexual exploitation by
prostitution was found extraordinarily prevalent in the Greater Mekong Subregion (GMS),
where one million or more prostitutes work, roughly half of which are children, despite
statutory prohibition on all commercial prostitution throughout the GMS. Economic interests
by way of tourism revenue were found to supersede public health and child protection
concerns, especially in Thailand, where complicity was found on the part of government
agents, from local police to at least one Minister of Parliament.
HIV rates among sex workers aged 13-19 were found to be as high as 30%. The total
number of infected children has been on the rise since the year 2000. Despite the threats that
HIV poses to the region, educational policies are incomplete regarding HIV and reproduction,
as the regions social conservativism obstructs more explicit education and comprehensive
handling of the issue.
High-risk behaviors associated with HIV, such as alcohol and drug abuse, were found
to be prevalent in ASEAN, especially in large cities like Bangkok. However, experts in many
fields were quoted as saying, we cannot end AIDS until we end the war on drugs.
Apparently, drug users are less likely to seek help or treatment while the threat of capital
punishment for drug offenses looms over them as is the case in all ASEAN states except for
Cambodia. Doctors, lawyers, judges, police, and other experts urged a more holistic,
treatment-based approach to drug issues rather than a prison-based, punitive approach. As
American states and entire nations legalize marijuana, and other countries or their internal
jurisdictions decriminalize drug possession, the ASEAN region was found to be lagging in its
progress toward solving the drug problem, which is related to other health issues.
Children born into poor families were found more likely to abuse substances and
engage in risky sexual activities, thereby increasing the likelihood of HIV transmission.
These children were also found more likely to be malnourished, which affects immune
system, cognitive function, physical and emotional development. Strong, positive,
statistically significant correlations were found between anemia and malnourishment
worldwide, with the intensity of those relationships increasing to near perfect correlations in
least developed countries. Analysis of variance (ANOVA) was calculated, showing lower
prevalence of anemia and malnourishment in higher income groups.
Prevalence of low birthweight in nine of ten ASEAN states was lower than world
averages. The Philippines had higher than global average prevalence of low birthweight. Five
of ten ASEAN member states had higher prevalence of underweight children than global
average, and prevalence among all ASEAN states except for Singapore and Brunei exceeded
averages instance in the Asia Pacific (APAC) region. Children in five ASEAN countries
suffered stunted growth at a higher rate than world averages. Stunting was more common in
the eight poorest ASEAN countries than in the APAC region as a whole. Prevalence of
wasting exceeded global average in Indonesia and Cambodia, while the eight poorest ASEAN
states had wasting rates at or above those in APAC. Very strong, positive, statistically
significant correlations were found between poverty and under-five mortality, between being
underweight and child mortality.
Shortages of physicians were common in ASEANs poorer states, where
immunization fell far below universal levels. Very strong, positive, statistically significant
correlations were found between treatment of diarrhoea and utilization of improved
sanitation. Very strong, negative, statistically significant correlations were found between
having a skilled attendant at birth, infant mortality, and maternal mortality. Maternal mortality
and infant mortality were very highly, positively correlated. Overall child mortality was on
the decline in most ASEAN states, although the rate of decline has decreased since 2008. In
Malaysia, child mortality has been on the rise, and it appears to be on the rise in Indonesia.
Lower secondary completion rates exceed 80% in only four ASEAN states, while it
falls below 50% in three countries. The mode average level of education in the workforce is
primary-only, followed by secondary, and then tertiary in most ASEAN states. Singapore is
the only country where that trend is reversed. Singapore, Malaysia, and Brunei are the only
ASEAN states where internet user rates exceed 60% of the population. Very strong, negative,
statistically significant correlations were found between primary enrolment, under-five
mortality, and underweight children.
Policy Implications
As part of their commitment to recognizing and enforcing universal rights, all ten
nations should ratify most, if not all, of the eighteen major human rights treaties, especially
the CRC and its three optional protocols.
The ASEAN group was found to be a hotspot for sex tourism, including child sex
tourism. This phenomenon emerges from poverty, as do most other instance of deprivation of
abuse of childrens rights. Prostitution laws in the region have been ineffective. While
immediate, sustained enforcement is recommended, at the same time a lively debate on
legalization and regulation of prostitution is encouraged.
ASEAN should consider transitioning away from the now-unpopular war on drugs
strategy to an anti-narcotics plan based on evidence, treatment, respect for human rights, and
financial conservativism. As a matter of image control in an increasingly globalized economy,
parliaments and congresses should make attempts to debate the advantages and disadvantages
of capital punishment for drug crimes. Taking note from Uruguay, Portugal, Netherlands, and
several American states, ASEAN members should also consider revising their drug schedules
in a manner consistent with emerging state practice and their own public revenue objectives.
Myanmar should amend its citizenship law to remove language that can be construed
to discriminate against Rohingya and other minority groups. ASEAN members, especially
Thailand and Malaysia, should enter into formal negotiations to resolve the statelessness and
migrant crises ongoing in the region.
Education policies should be restructured to include practical work skills training,
including co-op credits and off-campus educational projects designed to re-enrol children
who are at work. Census and district registries need to be updated and communicated to
schools, which need to develop responses to grade-to-grade dropouts who still live in the
district. School and local officials, along with community members should engage in
discussion of how to reduce the prevalence of child labor and truancy while also
accomplishing economic goals. Initiatives should be developed to provide free busing,
supplies, and lunch for impoverished students. School uniform policies should be adjusted to
allow students to wear their own clothes in order to reduce costs.
ASEAN has potential to become a region of competitive and comparative advantages
in the global economy, which would help reduce poverty and therefore human rights
problems. In order to do that, it may be necessary for the region to enhance its supranational
partnership with a centralized authority that could help develop and implement policy, and
possibly levy penalties for noncompliance with international obligations. An improved
ASEAN advisory body would handle finances; facilitate cooperation between customs and
immigration agencies; collect, organize, and disseminate information integral to achieving
human rights and other goals in the group.
Table of Contents
Chapter One: Children and Human Rights................................................................................1
1. Introduction...............................................................................................................................................1
1.1 Research Objectives............................................................................................................................3
1.2 Methodology.......................................................................................................................................4
1.3 Limitations..........................................................................................................................................5
2. The Emergence and Evolution of Human Rights Law.............................................................................5
2.1 Human Rights, Jus Cogens, and Customary International Law.........................................................7
2.2 Resistance and Exceptionalism........................................................................................................10
2.3 Individuals and International Law....................................................................................................11
2.4Childrens Rights...............................................................................................................................14
Chapter Two: Poverty in ASEAN............................................................................................18

1. Power of Poverty.....................................................................................................................................20
3.2 Rethinking PPP.................................................................................................................................28
3.3 Inequality in ASEAN........................................................................................................................33
Chapter Three: Child Welfare in ASEAN................................................................................40

1. Statelessness............................................................................................................................................40
2. Child Soldiers..........................................................................................................................................43
3. Child Labor.............................................................................................................................................45
4. Child Sexual Exploitation.......................................................................................................................51
5. Health......................................................................................................................................................53
6. Education................................................................................................................................................75
Chapter Four: Discussion.........................................................................................................86

1. Education: Cornerstone of Success........................................................................................................86
2. Collectivism and Long-term Orientation................................................................................................88
3. The Complicated Process of Improvement............................................................................................91
3.1 Citizenship........................................................................................................................................92
3.2 Prostitution and Trafficking..............................................................................................................92
3.3 Controlled Substances......................................................................................................................94
Chapter Five: Recommendations and Conclusion...................................................................97

1. Recommendations...................................................................................................................................98
References..............................................................................................................................102
List of Tables and Figures

Table 1: Cambodia GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)........................................................................................................................................21
Table 2: Indonesia GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)........................................................................................................................................22
Table 3: Laos GNI per Capita, Life Expectancy, and Mean Years of Schooling (2000-2010) 22
Table 4: Malaysia GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)........................................................................................................................................23
Table 5: Myanmar GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)........................................................................................................................................23
Table 6: Philippines GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)........................................................................................................................................24
Table 7: Singapore GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)........................................................................................................................................24
Table 8: Thailand GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)........................................................................................................................................25
Table 9: Vietnam GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)........................................................................................................................................25
Table 10: Vietnam GNI per Capita and under 5 Stunting Rates (2000-2010).........................26
Table 11: GDP per Capita in ASEAN in Real $US and $PPP (2013)......................................28
Table 12: Price Comparison between Thailand and USA with Official and Adjusted Exchange
Rates (2013).............................................................................................................................32
Table 13: GINI Coefficients in ASEAN...................................................................................33
Figure1: Cambodia Income Distribution by Quintile, 2012....................................................35
Figure 2: Indonesia Income Distribution by Quintile, 2010....................................................35
Figure 3: Laos Income Distribution by Quintile, 2012............................................................36
Figure 4: Malaysia Income Distribution by Quintile, 2009.....................................................36
Figure 5: Philippines Income Distribution by Quintile, 2012..................................................37
Figure 6: Thailand Income Distribution by Quintile, 2012......................................................37
Figure 7: Vietnam Income Distribution by Quintile, 2012......................................................38
Figure 8: Births per Woman, 2000-2013..................................................................................38
Figure 9: Access to Electricity, 2010-2012..............................................................................39
Table 14: % of Births Registered, Most Recent Year Available...............................................43
Table 15: Child Labor Rate 2005-2013....................................................................................45
Figure 10: % of Working Children Employed in Agriculture..................................................46
Figure 11: Cambodia Agricultural Employment and Value Added..........................................47
Figure 12: Indonesia Agricultural Employment and Value Added..........................................48
Figure 13: Malaysia Agricultural Employment and Value Added...........................................48
Figure 14: Philippines Agricultural Employment and Value Added........................................49
Figure 15: Thailand Agricultural Employment and Value Added............................................49

Figure 16: Vietnam Agricultural Employment and Value Added.............................................50
Figure 17: Children Aged 14 and under Living with HIV, 2000-2013....................................54
Table 16: Anemia under Five and Undernourished under Five, Correlations, World 2000-2011
..................................................................................................................................................57
Table 17: Anemia under Five and Undernourished under Five, Correlations, Lower Middle
Income Countries 2000-2011...................................................................................................57
Table 18: Anemia under Five and Undernourished under Five, Correlations, Least Developed
Countries 2000-2011................................................................................................................58
Table 19: ANOVA Output, % under Five Undernourished by Income Group and World.......58
Table 20: Post Hoc Tests, % under Five Undernourished by Income Group and World.........59
Table 21: ANOVA Output, % of Children under Five Anemic by Income Group and World. 59
Table 22: Post Hoc Tests, % of Children under Five Anemic by Income Group and World...60
Figure 18: % of Children under Five Undernourished by Income Group and World..............61
Figure 19: % of Children under Five Anemic by Income Group and World...........................61
Figure 20: Prevalence of Low Birthweight..............................................................................62
Figure 21: % of Children Underweight....................................................................................62
Figure 22: Prevalence of Stunting............................................................................................63
Figure 23: Prevalence of Wasting............................................................................................63
Figure 24: Physicians per 1,000 Population, 2011-2013.........................................................64
Figure 25: Immunization DPT (% of All Children Ages 12-23 Months), 2000-2013.............65
Table 23: Use of Improved Sanitation and Treatment for Diarrhoea among...........................66
Cambodia, Indonesia, Laos, Myanmar, Philippines, Thailand, and Vietnam..........................66
Table 24: Cambodia Percent of Births with Skilled Attendants, Infant Mortality, and Maternal
Mortality (2000-2010)..............................................................................................................67
Table 25: Indonesia Percent of Births with Skilled Attendants, Infant Mortality, and Maternal
Mortality (2000-2010)..............................................................................................................67
Table 26: Laos Percent of Births with Skilled Attendants, Infant Mortality, and Maternal
Mortality (2000-2010)..............................................................................................................68
Table 27: Malaysia Percent of Births with Skilled Attendants, Infant Mortality, and Maternal
Mortality (2000-2010)..............................................................................................................68
Table 28: Myanmar Percent of Births with Skilled Attendants, Infant Mortality, and Maternal
Mortality (2000-2010)..............................................................................................................69
Table 29: Philippines Percent of Births with Skilled Attendants, Infant Mortality, and
Maternal Mortality (2000-2010)..............................................................................................69
Table 30: Singapore Percent of Births with Skilled Attendants, Infant Mortality, and Maternal
Mortality (2000-2010)..............................................................................................................70
Table 31: Vietnam Percent of Births with Skilled Attendants, Infant Mortality, and Maternal
Mortality (2000-2010)..............................................................................................................70
Figure 26: Cambodia Mortality by Numbers, 2000-2013........................................................71
Figure 27: Indonesia Mortality by Numbers, 2000-2013.........................................................72

Figure 28: Laos Mortality by Numbers, 2000-2013................................................................72
Figure 29: Malaysia Mortality by Numbers, 2000-2013.........................................................73
Figure 30: Myanmar Mortality by Numbers, 2000-2013.........................................................73
Figure 31: Philippines Mortality by Numbers, 2000-2013......................................................74
Figure 32: Thailand Mortality by Numbers, 2000-2013..........................................................74
Figure 33: Vietnam Mortality by Numbers, 2000-2013...........................................................75
Figure 34: Lower Secondary Completion Rate, 2009-2013....................................................76
Figure 35: Cambodia Labor Force Education Level, 2012......................................................77
Figure 36: Indonesia Labor Force Education Level, 2013.......................................................77
Figure 37: Malaysia Labor Force Education Level, 2013........................................................78
Figure 39: Singapore Labor Force Education Level, 2013......................................................79
Figure 40: Thailand Labor Force Education Level, 2013........................................................79
Table 32: Number of Female Students per 100 Males, 2010 unless specified.........................80
Figure 41: Expenditure on Education as % of Total Government Spending, 2010-2013........81
Figure 42: Internet Users (per 100 population), 2013..............................................................82
Table 33: Cambodia Poverty, Primary Enrolment, Underweight under Five, and under-Five
Mortality...................................................................................................................................83
Table 34: Myanmar Poverty, Primary Enrolment, Underweight under Five, and under-Five
Mortality...................................................................................................................................83
Table 35: Philippines Poverty, Primary Enrolment, Underweight under Five, and under-Five
Mortality...................................................................................................................................84
Table 36: Thailand Poverty, Primary Enrolment, Underweight under Five, and under-Five
Mortality...................................................................................................................................84
Table 37: Vietnam Poverty, Primary Enrolment, Underweight under Five, and under-Five
Mortality...................................................................................................................................85
Table 38: Game Theory, Time Orientation and Economics.....................................................89
Table 39: Game Theory, Time Orientation and Impact on Individual Children......................89
Chapter One
Children and Human Rights
1. Introduction
Members in the Association of Southeast Asian Nations (ASEAN) together represent
about eight percent of the worlds population and five percent of global gross domestic
product (GDP). Under the ASEAN Economic Community (AEC) roadmap, the group intends
to create a unified trade bloc absent restrictions on movement of goods, services, and people.
In addition to economic cooperation, ASEAN members decided to raise two other pillars
supporting their vision the ASEAN Security Community, and the ASEAN Socio-Cultural
Community (ASEAN 2008, 2010). These projects are expected to enable the rise of ASEAN
to a globally-competitive base for design, manufacture, and finance. Ultimately, ASEAN
members seek to join together to become world leaders.
In order to accomplish their lofty goals, policy and implementation efforts have been
ongoing for years. Singapores progress has exceeded that of any other country in the region
due to several factors (e.g. pro-immigration policies, postcolonial cultural and linguistic
diversity, progressive financial policies, strong education system, and intellectual property
protection). Malaysia and Brunei have also proven to be globally competitive, but the
remaining seven countries in the region have encountered significantly more difficulty in
establishing sustainable competitive advantages (WEF, 2013). If all ten ASEAN members
expect to reach development goals, a comprehensive, multidimensional approach will be
necessary. At this stage, countries like Myanmar, Laos, Cambodia, Vietnam, Philippines,
Indonesia, and Thailand need to recognize that their individual and collective economic
prosperity is tied to other political, social, and cultural conditions, to wit, human rights.
Connections between human rights and economic security have been noted since the
1948 Universal Declaration of Human Rights (UDHR) propounded the contemporary theory
that all people, everywhere, are the subjects of fundamental rights, regardless of
demographics, socioeconomic status, or other attributes. More recently, correlations were

confirmed linking economic prosperity and human rights (Gurr, 2000; Kim, 2007). Wealthier
nations tend to have better human rights records, and pioneer the cause of human rights more
frequently when compared to their poorer counterparts (HRW, 2013). Considering the
apparently reciprocal relationship between individual rights and wealth, a strong human
rights schedule should be innate to any development strategy.
In the process of devising an approach toward human rights issues, one must question
where such rights begin. A review of treaty law and scholarly works on the subject shows that
legal rights generally emerge at birth. However, since children lack legal capacity, their rights
are entrusted to the care and exercise of adult guardians, which is where a divide between the
theory and practice of law materializes. Historically, children were considered the property of
their parents, who had ultimate authority over the childs life. Normative ethics typically
prevented state involvement in private family matters. As a result, harmful traditional
practices of varied levels of severity became commonplace, from the egregious female
genital mutilation, to more innocuous corporal punishment, and the double-edged sword of
child labor. In traditional societies, children usually did not have rights per se. This only
began to change in the latter-half of the 20th century.
In 1965, human rights gained the status of positive international law under the
Convention on the Elimination of All Forms of Racial Discrimination. Children became the
recipients of rights under both 1966 International Covenants (ICCPR and ICESCR), although
it was not until the 1989 Convention on the Rights of the Child (CRC) that legislatures were
required to implement comprehensive policies in support of childrens rights, which as a
matter of lex scripta closely resemble rights of adults. Taking into consideration the strong
linkage between being victimized as a child and becoming an abuser in adulthood
(Malinosky-Rummell and Hansen, 1999; Ben-David and Goldberg, 2008; Colman et al,
2009), it is only logical that childrens rights are advanced as a means of preventing abuse by
and among adults, and ipso facto as a part of the plan to improve economic livelihood.
1.1 Research Objectives
This research examines childrens rights conditions in the ASEAN group, paying
special attention to connections between culture, economy, and rights. The research aims to:
(1) discover information regarding the present day and historical status of childrens
rights in ASEAN member states,
(2) present comparative analyses of social conditions within the ASEAN group,
among ASEAN states, and between ASEAN members and leading outside countries,
(3) assess the effectiveness of current legislative and enforcement systems within
ASEAN, taking into consideration any progress made in recent years,
(4) identify weaknesses in and threats to childrens rights, and
(5) present reasonable suggestions that could be used to improve the status of
childrens rights in ASEAN.
In the comprehensive review of data, several subtopics were found. As such, the
research report is subdivided into several sections which correspond to each of the most
commonly discovered constituent issues. These include:
(1) poverty,
(2) statelessness,
(3) child soldiers,
(4) child trafficking,
(5) child labor,
(6) child sexual exploitation,
(7) health
(8) education,
1.2 Methodology
Various forms of data were retrieved from electronic databases, such as legal
instruments (i.e. treaties, statutes) and cases, statistical tables, academic journal articles,
intergovernmental and nongovernmental organization (NGO) reports, and trade publications.
These data were categorized by their genre, topic, and relevance. Sources were reviewed with
the intent of finding trends in the legal environment, in scholarly opinion, and in prevalence
of infringement upon childrens rights pertaining to the abovementioned subcategories.
Qualitative literature review and analyses were supplemented by quantitative statistical
analysis. Quantitative datasets were retrieved from ASEAN, World Bank, and United Nations
(UN) in the form of Excel spreadsheets. Some data were used to build descriptive charts and
tables while others were entered into SPSS for correlational analyses.
A legal positivist approach guided the qualitative research, wherein international law
generally superseded municipal law. Legal sources were prioritized using Article 38 of the
1946 Statute of the International Court of Justice (ICJ) as a guide. As per the ICJ Statute, the
following hierarchy was applied to sources:
(1) international conventions, whether general or particular, establishing rules
expressly recognized by the contesting states;
(2) international custom, as evidence of a general practice accepted as law;
(3) the general principles of law recognized by civilized nations;
(4) subject to the provisions of Article 59, judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as subsidiary means for the
determination of rules of law.
Recommendations for policy or strategy changes were made ex aequo et bono.
1.3 Limitations
This research is not in any way binding, nor is it intended to offer all possible
solutions to childrens rights problems in ASEAN. Information asymmetry limited the
research, but that was mitigated by inclusion of a comprehensive resource set. Researchers
did not have access to internal government documents, unpublished records, or details of
private individual experiences. As a result, the research cannot present a complete, universal
depiction of childrens rights conditions in ASEAN, nor can it pose solutions which are
entirely appropriate for each jurisdiction under review. This research is offered in order to
provide original, independent analysis of childrens rights issues in ASEAN, and to proffer
potential remedies for consistent, serious problems.
2. The Emergence and Evolution of Human Rights Law
Theories of human rights extend back as far as recorded history. Perhaps the most
prominent example of ancient recognition of human rights came in the form of a message
from the God of Abraham, delivered through Moses, whose Ten Commandments were
honored as one of the first legal codes. The Fifth and Seventh Commandment prohibition of
murder and theft are still fundamental tenets of human rights law. Moses proclamation was
not the first such mandate that people must adhere to certain behavioral standards; rather, it
was just another announcement of canons, whose value is self-evident. Hundreds of years
before Moses, five precepts guided Buddhists, who undertake not to kill, steal, lie, or to
engage in intoxication, or in illicit sexual activity (BDEA, 2013). In 500BCE in China,
Confucius based his ethical teachings upon the Golden Rule What you do not wish for
yourself, do not do to others (Riegel, 2013). For as long as humans have lived together in
communities, it has been patently vital to survival that cardinal directives existed which
ensured the mutual benefit of individuals and the group.
Over millennia, traditions and customs have been codified into proclamation, and
what is known today as rule of law slowly developed. Several hurdles had to be overcome
in order for legal systems to have any objective, or scientific, validity. Early English criminal
trials, better known as ordeals of water and fire, bore no resemblance to contemporary
justice, but were at that time perceived as integral parts of the normative ethical paradigm,
which was purported to have been inspired by the Ten Commandments. Also in the 1200s,
Saint Thomas Aquinas contemplated government monopoly on intentionally directed force.
Aquinas believed that the law must have a coercive element in order to punish violators and
compel obedience (Finnis, 2011); therein he distinguished himself from Confucius, who
believed that order could only be created through voluntary submission.
Under Aquinas model, which is still in effect, certain rights were held exclusively by
states and not by private individuals (e.g. waging war, execution, imprisonment, forceful
compliance). While vesting such powers in the state has succeeded in protecting individual
rights, it has also failed in many cases. For example, until the 19th and 20th centuries, race was
commonly used to deny individuals basic rights and freedoms despite legal proscription of
discrimination. In Dred Scott v. Sanford (1867), the United States Supreme Court held that
slaves were property, and therefore could not be citizens of the United States, thus precluding
any legal rights under the law. Throughout the colonial period, millions of offenses against
individuals by governments and private individuals occurred because of a flawed underlying
theory that white Christians of European descent were atop a racial hierarchy, and persons
of other ethnicities were either not human or were not entitled to equal rights under the law.
This paradigmatic deformity reached a pinnacle in World War II with the rise of Nazi
Germany.
2.1 Human Rights, Jus Cogens, and Customary International Law

When the largest war in human history came to an end, a new era began. The defunct
League of Nations was supplanted by a global forum the United Nations. Sovereign
equality of nations, territorial integrity, and pacific settlement of disputes were explicit
guiding principles of the Charter of the United Nations (1945), which at its preamble
mentioned human rights, whereas the Covenant of the League of Nations (1919) was silent
on human rights. Inclusion of the term in the Charter implied there was an international
consensus recognizing certain inviolable rights that are granted to all individuals, anywhere.
Notwithstanding this stride forward, the preamble to the Charter is not an actionable clause to
which a dispute may be referred, or out of which one may arise. At the time the Statute of the
ICJ was drafted, there were only three sources of law which were recognized as being
suitable to guide Tribunals in such international disputes:
(1) international conventions, whether general or particular, establishing rules
expressly recognized by the contesting states;
(2) international custom, as evidence of a general practice accepted as law;
(3) the general principles of law recognized by civilized nations;
The fourth option, as mentioned in the introductory section of this research, was that
the Court would decide ex aequo et bono, or based upon what is right and good. At the
conclusion of WWII, there were no international human rights conventions which could have
been used to prosecute Nazi war criminals. In fact, the heads of Nazi Germany, Great Britain,
France, and Italy seemed to have agreed that certain human rights were abrogable in the
Munich Pact (1938). In order to administer justice in the case of twenty-one Nazi war
criminals held by allies after surrender, the International Military Tribunal would have to first
establish jurisdiction over the case, lacking any prior precedent or agreement granting such
jurisdiction.
Taking from Aquinas moral and ethical philosophy, natural law theories were used
to circumvent incomplete laws in Europe and debased positive law of the Nazis, whose
actions were mala in se wrong in and of itself (Finnis, 2013). Despite there being no
precedent or clear legal standard on how to prosecute Nazi war criminals, the Nuremburg
Tribunal signalled the closing of an aeon in which individuals were threatened by random and
severe abuse from the very powers which were charged with protecting their rights. The
Tribunal was able to hold jurisdiction by recognizing human rights as forming part of jus
cogens, or peremptory norms as discussed in ICJ Statute Article 38(1)(c). A quarter century
later, the Vienna Convention on the Law of Treaties (1969) defined jus cogens as a norm
accepted and recognized by the international community of States as a whole as a norm from
which no derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character.
In Siderman v. Republic of Argentina (1992), the United States Ninth Circuit Court of
Appeals commented, The universal and fundamental rights of human beings identified by
Nuremberg rights against genocide, enslavement, and other inhumane acts are the direct
ancestors of the universal and fundamental norms recognized as jus cogens. Nuremberg
settled any question about whether or not states are obligated to recognize individuals most
rudimentary rights. That may seem like a minor victory, but was actually an epic
achievement. Prior to 1945, as DAmato (1996) said, a government would not be deemed
to have violated international law by the mass murder of its own citizens in its own territory.
Nuremberg was a game changer, but this transition did not, of course, solve all the worlds
problems.
One viscid Gordian knot since Nuremberg has been application of international law to
cases involving acts less egregious than those which could invoke jus cogens. International
law does not recognize an act that violates jus cogens as a sovereign act (Siderman at 718).
However, relatively few acts violate jus cogens. Rather, the vast majority of infringements are
violations of either treaty or customary international law, or both. For a particular subject
such as human rights to become part of customary international law, two elements are
required. First, state practice or usus must be established. Secondly, judicial opinion or opinio
juris sive necessitatis must exist in sufficient amount and relevance. Nuremberg satisfied the
latter, and the Allied state practices the former, but only on matters of grave importance,
which are technically, also included in jus cogens. The lions share of what most people
consider human rights has been established in state practice, but judicial opinion is largely
lacking.
Even if customary international law applied to all cases related to human rights, a
state may opt out of responsibility. The United States 9th Circuit (Siderman at 715) explained,
Customary international law, like international law defined by treaties and other
international agreements, rests on the consent of states. Consent is required for any dispute
resolution proceedings, including arbitration, litigation at the ICJ, prosecution at the
International Criminal Court (ICC), or through an ad-hoc tribunal. Article 2 of the UN
Charter unambiguously safeguards the territorial integrity of sovereign nations. As a result of
this commitment to non-interference and non-use of force, disputes between states must be
resolved through voluntary submission to a mutually-accepted process.
The Universal Declaration of Human Rights is not a treaty per se, and as such no
dispute may be brought regarding its application or interpretation. Neither the ICESCR nor
ICCPR, like the CRC, contain provisions requiring submission of disputes to any specific
procedure. Disputes may be raised and resolved among state parties, but human rights have
only seldom been a priority above the political level. Hitherto, a complex assemblage of
constraints (e.g. financial resources, jurisdictional complications, status of individuals under
international law) has kept human rights from being as efficacious as Eleanor Roosevelt
imagined when she referred to the Universal Declaration of Human Rights as the
international Magna Carta for all mankind (The Task Force, 2008). In simplest terms, the
most persistent occlusions have been noncompliant state actors, though the very nature of
international law also hinders utopian progress.
2.2 Resistance and Exceptionalism
In the 4th century CE, Saint Augustine proclaimed lex iniusta non est lex - unjust law
is not law (Marmor and Sarch, 2012), but it took sixteen hundred years before individuals
could reasonably apply the principle in order to gain rights before their governments. In the
mid-20th century, the laws of subjugation in colonies, and of segregation in the United States,
were found to run contrary to the mission of the international community. The UN system
and its early human rights treaties created newfound order and hope. The Long Peace
starting at the end of WWII has been characterized by overall decline in rate of violence
(Powell, 2012), but rates can be misleading due to rapid rise in world population. During the
Cold War from 1945 to 1989, nearly one in five nations experienced civil war (Economist,
2013). Most of these civil wars included foreign intervention, especially by the United States
and its NATO allies.
Since 1945, the United States alone has been involved in more than 200 foreign
military operations (Grimmett, 2004). Between the 1973 passage of the War Powers
Resolution and 2012, there were 132 American military actions in foreign territories
(Grimmett, 2012). Details of torture tactics recently utilized by American forces during the
hunt for Osama bin Laden were exposed throughout entertainment, news, and academic
media (Open Society Foundations, 2013; Bigelow, 2012). As many as 54 foreign nations
facilitated CIA torture through covert extraordinary rendition operations. An estimated
500,000 Iraqis lost their lives during the American allied occupation between 2001 and 2013
(Sheridan, 2013).
Recent horror stories from the war on terror resemble those from the Vietnam conflict
thirty to forty years prior. Secretary of State John Kerry (1971), then a Lieutenant in the
Navy, testified before the Senate Committee on Foreign Relations on behalf of Vietnam
veterans against the war. Kerry said American soldiers in Vietnam rape[d], cut off ears, cut
off heads, taped wires from portable telephones to human genitals and turned up the power,
cut off limbs, [blew] up bodies, randomly shot at civilians, razed villages in fashion
reminiscent of Genghis Khan, shot cattle and dogs for fun, poisoned food stocks, and
generally ravaged the countryside of South Vietnam in addition to the normal ravage of war.
Needless to say, those were grave abuses of human rights, which also qualified as war crimes
under Customary International Humanitarian Law (ICRC, 2013).
Examples from military conflict are the most prominent showing state resistance to
universal application of human rights. The United States military, while also described as a
force bringing about peace and democracy, has occupied and built bases in foreign countries
on a scale that is unparalleled in history. This so-called American exceptionalism (Koh,
2003) has, at times, compromised the integrity of the international system, in which no other
country would be allowed to behave in such a manner. Chinese and Russian diplomats,
among others, have protested the American double standard on human rights and foreign
policy (Branigan, 2011; Prentice, 2013). Unfortunately, there is no remedy currently available
for controversial state practice. Likewise, individuals lack a clear path to justice, though their
struggle is bound by structural limitations rather than political wrangling and institutional
ineptitude.
2.3 Individuals and International Law
Cassese (2004, p. 71) found states and insurgents are traditional subjects of
international law. After WWII, international organizations, national movements, and
individuals have gained some recognition, but natural persons are at a great disadvantage in
the international context. Investor-state disputes may be handled at the World Banks
International Centre for the Settlement of Investment Disputes (ICSID) or other arbitral body.
State-state disputes can be resolved in a number of different ways, including litigation at the
ICJ or dispute resolution through the World Trade Oganization (WTO). Individuals, on the
other hand, may not bring suit against other individuals or a state in an international forum;
rather, they must seek remedy through municipal court systems.
There is some evidence that states recognize the importance of natural persons in the
context of international law. ICJ cases Lagrand (Germany v. United States, 1999) and Avena
(Mexico v. United States, 2003) concerned foreign nationals convicted of murder and
sentenced to death in American States. Both Germany and Mexico sought to prevent
execution of their citizens, whose rights were found by the court to have been denied.
Unfortunately, the circumstances of these cases do not relate to a vast number of other cases,
and the Charming Betsy (1804) doctrine estopped the United States from construing its own
laws as violating the law of nations. The United States is hardly unique in this regard,
however.
Governments around the world enjoy sovereign immunity from lawsuits except when
they consent (Cornell Law School, 2013). The gravest human rights violations are committed
by traditional subjects of international law states and insurgent groups in wartime.
Genocide and other war crimes in Rwanda, Sierra Leone, Liberia, Syria, Bosnia, Iraq, and
Sudan since the 1990s have been examples of violations of international law for which an
international judicial forum could hold jurisdiction given the states consent. With such
consent and cooperation under the 1998 Rome Statute, the highest-ranking officers in
instances of war crimes may be tried and convicted at the ICC, as illustrated by cases
concerning Congo, Central African Republic, Uganda, Sudan, Kenya, Libya, and Ivory Coast
(ICC, 2013). Unfortunately, only a score of cases have been brought before the ICC, and all
of them pertaining to Africa. So, the potential for justice is severely limited. Individuals,
groups, NGOs, and states may request investigation by UN human rights bodies, but the
resulting action is more political than legal, as mild as a stern rebuke in a written report.
While the most atrocious abuses occur at the hand of states or insurgents, the most
prevalent types of abuses are perpetrated by individuals against other individuals; there are
more accessible remedies for these types. In accordance with the territorial principle of
international law, the court of natural jurisdiction will lie within the country where the
violation occurred. In a small percentage of cases, such as Lotus (Turkey v. France, 1927), a
court may also claim jurisdiction based on passive personality, objective territoriality, or
protective principle, wherein the state seeking jurisdiction argues that the facts of the case
have substantial influence on the country, its citizens, or its interests. Finally, a state may
claim universal jurisdiction in cases where the crime constitutes a grave breach of the Geneva
Conventions (UNTERM, 2013; ICRC, 2010).
Violations of human rights are generally crimes as defined under treaty and
implementing statute. However, pursuit of legal remedy for infringements may also take the
form of a tort, or a violation of a public right. The benefit of a tort claim is that individuals
may initiate action directly, whereas criminal prosecution requires government initiative,
funding, and personnel. In the early 21st century, American courts applied the 1789 Alien Tort
Claims Act (ACTA) to cases involving direct and indirect corporate involvement in human
rights violations overseas involving foreign plaintiffs. The Second Circuit affirmed a District
Court may hold jurisdiction under ACTA in Wiwa v. Royal Dutch Shell (2000). Doe v. Unocal
(2002) established corporate liability for complicity in state military violations of human
rights, namely against villagers in Myanmar during the construction of an oil pipeline, during
which time Unocal was found to have contributed maps, materials, and logistical support to
security forces (Zerk, 2013). Khulumani v. Barclays Bank (2007) reaffirmed the same
principle prior to the Supreme Courts decision in Kiobel v. Royal Dutch Shell (2013), which
held there is a presumption against extraterritoriality, and thus American courts may not claim
jurisdiction over such cases.
One must question why Nigerians or Burmese would apply for civil relief in the
United States rather than their home, which would be the most obvious jurisdiction for such a
claim. The ostensible answer is that domestic courts are incapable, probably throughout the
developing world if not the entire world, considering the prevalence of human rights
violations to varying degrees as evinced by references cited in this research. As such,
following the Kiobel decision, the potential for redress of individual grievances again
diminished. The problem, as discussed in following sections, is that judicial and executive
branches around the world are either unwilling or unable to provide remedies where rights
should exist, but in fact, frequently do not. This is especially the case for children, who have
rights in theory, but lack any capacity to claim such rights, and too often lack guardians or
adult custodians who are able and willing to protect the rights of children under their care.
2.4Childrens Rights
Inclusion of children in the ICESCR and ICCPR settled ancient debates over whether
or not children can be the subject of legal rights, but it was not until the CRC that political
and legislative advocacy were imperative. According to the CRC, a child means every
human being below the age of eighteen years unless under the law applicable to the child,
majority is attained earlier. The treaty definition of a child confounds the standard view of
what a child is. Typically, people do not think of a seventeen year-old as a child; rather, the
word child generally conjures up images of prepubescence. Hence, there may be
considerable contradictions in opinions among laypeople regarding to whom childrens
rights apply. Regardless of cultural perception, which varies between countries, rights are
statically granted to all persons under eighteen, subject to the aforementioned age of majority
provisions.
For the first time in history, states were obligated to implement domestic legislation
protecting children from discrimination, separation from parents, trafficking or sale, arbitrary
interference with privacy or communication, mental and physical abuse. Further positive
rights were also guaranteed, granting children freedoms of religion, thought, and conscience,
and rights to life, name, and nationality. In essence, the CRC constructed blanket,
generalizable protection for all children, everywhere, regardless of frontiers. The CRC set the
bar, but application and enforcement rests in the hands of sovereign states.
As with any treaty, numerous state parties made reservations upon ratifying the CRC,
while two states the USA and Somalia withheld ratification. Muslim nations made nearuniform reservations about any CRC principles held inconsistent with Islamic law. European
nations protested, arguing Article 27 of the Vienna Convention of the Law of Treaties, and
that such reservations created a barrier to implementation of the treaty, were incompatible
with the objectives of the treaty, and were thus inadmissible under international law. Denmark
objected, It is a general principle of international law that national law may not be invoked
as justification for failure to perform treaty obligations (UNTC, 2013).
In response to concerns over childrens rights in Muslim nations, the Organization of
the Islamic Conference of nations ratified a multilateral treaty, the Covenant on the Rights of
the Child in Islam (2004). In many regards, the treaty supplements the CRC, but while it does
not seriously derogate from CRC, the Islamic Conference agreement omits freedoms of
religion. Instead, Article 11(2)(i) of the Covenant sets development of Islamic morals and
ethics as objectives of upbringing. As the treaty suggests, there can be no freedom of religion
for children under strict Islamic systems, wherein conversion to another religion is punishable
by death as hudud, or a crime against God. Brunei and Indonesia criminalize apostasy as a
capital offense. Malaysia recognized the act as a crime when it detained and extradited a male
charged with apostasy in Saudi Arabia (LOC, 2013). Likewise, freedoms of expression and
speech, while theoretically protected in the Covenant, are inherently limited due to rules
prohibiting speeches critical of Islam, its history and traditions. Such gaps in protection are
also found in non-Muslim countries, so it is arguable whether or not state practice in Islamic
nations diverges from theory to a greater extent than in other nations. Subsequent sections in
this research show that socioeconomic status is more closely related to violation of childrens
rights than religious affiliation, and in the ASEAN group, no single religious tradition is
found to have a much greater influence on abuse than others.
Whether a country identifies with Islamic, Christian, Buddhist, or secular principles
has only conditional or contributory impact on the overall status of rights among its people.
In the matter of childrens rights, the factor with the greatest impact is what a culture and
people consider as being in the best interest of the child (BIC), which CRC Article 3
introduces as the standard for protection. The BIC standard is sufficiently vague that nations
and their internal municipalities may define and interpret the formal obligations of the law in
manners entirely inconsistent with other jurisdictions. As such, while the CRC requires
nearly-uniform implementing legislation, in practice, there is a plurality of minimum
standards depending on various factors (i.e. legal tradition, socioeconomic status, racial
relations, and government budgets).
The United States Supreme Court opined in Parham v. J.R. (1979), natural bonds of
affection lead parents to act in the best interests of their children. Cases of child abuse
around the world patently demonstrate the Supreme Courts belief is utterly fallible. Although
the laws and judicial decisions of the United States have no direct relationship to the ASEAN
group, but they stand as relevant examples of contemporary legal reasoning, which is also
present and influential in ASEAN states. The BIC standard, in some regards, abrogates
scrutiny of parental decisions because there is still an underlying assumption that the lives of
children should be left in the hands of their parents. This attitude essentially compromises
much of the progress made at the international level. The problems discussed in the following
sections persist due to lack of community involvement, lack of government intervention, and
absence of constructive parenting.
Solutions are elusive due to multiple conflicting constraints economic, political,
social, cultural, and legal. Ultimately, the objectives of the CRC cannot be accomplished
without grassroots organization, from the bottom up. As Eleanor Roosevelt (1958) said:
Where, after all, do universal human rights begin? In small places, close to home
so close and so small that they cannot be seen on any maps on the world. Yet they are
the world of the individual person; the neighbourhood he lives in; the school or
college he attends; the factory farm or office where he works. Such are the places
where every man, woman and child seeks equal justice, equal opportunity, equal
dignity without discrimination. Unless these rights have meaning there, they have
little meaning anywhere. Without concerned citizen action to uphold them close to
home, we shall look in vain for progress in the larger world.
Chapter Two
Poverty in ASEAN
ASEAN is comprised of ten nations, covering nearly 4.5 million square kilometres of
land. The region is defined by strong diversity of socioeconomic status, religious tradition,
linguistic heritage, and ethnic composition. Brunei, Indonesia, and Malaysia recognize Islam
as the official religion; Thailand and Cambodia sponsor Buddhism; Philippines is a Catholic
nation; citizens of Laos, Myanmar, and Vietnam identify most with Buddhism but
governments stop short of declaring a state religion due to communist and military regimes;
Singapore is the only true secular state in ASEAN. Twelve languages are officially listed by
ASEAN (2013) although as many or more additional tribal languages exist throughout the
region.
Half of the groups ten members (Indonesia, Laos, Myanmar, Philippines, and
Vietnam) are in the World Banks (2013) lower-middle income group; Thailand and Malaysia
are in the upper-middle group; Singapore and Brunei are in the high income group; Cambodia
is in the low income group. Cambodia, Laos, and Myanmar are UNCTAD (2013) least
developed countries (LDC). In 2010, just over 15% of the regions population lived on less
than $1.25 per day PPP, suggesting that 20-25% or more lived at less than $1.25 at official
exchanges rates. In 2011, there were around 604 million people in ASEAN, where the GDP
per capita was about $3,600 or $5,580 adjusting for purchasing power parity (PPP). Also in
2012, Singapore and Brunei real-dollar per capita GDPs were more than ten times those of
six of the remaining eight ASEAN states. Indonesias GDP was 245% that of Thailand, the
second largest in the region. Indonesias population was also two and one-half times the size
of the second largest, Philippines (ASEAN, 2013a).
In 2011, the average adult in the region completed less than 7 years of schooling.
Unsurprisingly, unskilled labor is very important to national employment in most of the
region. In the most recent survey, six nations reported participation in agricultural
employment for 1 in 3 workers; Laos failed to report, though it is probable that agricultural
employment rates exceed one-third there (ASEAN 2013b). Lacking education, with a glut of
agricultural and other unskilled workers, the region is at a natural disadvantage for
innovation. This is demonstrated by a comparison of patent applications among residents and
non-residents. Of the eight nations reporting to the World Intellectual Property Organization
(WIPO, 2013), none had more total resident patent applications than non-resident
applications for years 2000-2013. During that time, there were more than 4.5 times more nonresident applications than resident applications. This measure alone does not imply lack of
innovation, but it suggests associated shortcomings.
Singapore is consistently on the WEF (2013) list of innovation economies although
a closer look at per capita resident filings shows Singapores rate is more than five times
greater than that of the next most innovative economy, Malaysia (WIPO, 2013). Singapore is
also the largest recipient of foreign direct investment (FDI), receiving just over half of the
entire regions FDI inflows between 2006 and 2011 (ASEAN, 2013c). Regional dependence
on FDI and foreign multinational corporate presence implies vulnerability to global market
volatility, which combined with income inequality and poverty seriously reduces stability. As
a result, states populations are prone to periods of stagnation, regression, and less than
optimal limitations on campaigns to improve quality of life. As will be detailed in the
following subsections, with rare exceptions in Singapore and Brunei, ASEAN members are
plagued by poverty, which poses tremendous threats to childrens rights and implies endemic
institutional weakness toward treating the malaise of gross violations ongoing within ASEAN
borders.
1. Power of Poverty
Now more than ever, poverty is a cornerstone of deprivation and violation of rights.
Impoverished individuals typically dwell in communities of lower socioeconomic status
people usually live among others of the same class. Naeem, Shaukat, and Ahmed (2011)
found poverty was the main cause of child labor in 4 out of 5 cases. UNODC (2003) found
poverty is a root cause of trafficking in persons. Kaplan (2005) reported on use of child
soldiers around the world, an atrocity that occurs exclusively in impoverished nations.
UNHCR (2001) documented that poverty is frequently a root cause of child sexual
exploitation. The Jamaican National Council on Drug Abuse (2013) found strong positive
correlations between substance abuse and homelessness. Child maltreatment and poverty also
go hand in hand (Paxson and Waldfogel, 1999). Obviously, access to adequate nutrition
decreases as poverty increases (Schiff and Valdes, 1990).
Independent analysis of statistical data from World Bank (2013c) and UNICEF
(2013a) shows further relationships between income and quality of life in ASEAN. Education
is positively correlated with income and adult health (Fields, 1980; Vogl, 2012), and
negatively correlated with income inequality and fertility (UN, 2003). People born into or
stuck in poverty tend to encounter more frequent violations of their rights (e.g. violence,
forced labor, exploitation, trafficking, and slavery). Fertility rates tend to be highest in lowincome countries where attainment of education is also lower. Children born into poorer
segments of societies are more at risk for deprivation of educational rights, as they are more
frequently forced into labor during their school years. Without secondary and preferably
tertiary education, individuals cannot compete in skilled economies, and income does not rise
significantly, resulting in transgenerational poverty. Those impoverished adults tend to bear
more children, who are born into communities where people are abundant, but skills,
education, and capital are in shortage. The long-term effect is entrenched poverty, increasing
dependence on social benefits, flat or decreasing economic competitiveness and productivity,

all in the absence of opportunity for upward mobility and increasing competition for limited
resources. ASEAN data show near perfect correlations between education, income, and life
expectancy.
Table 1: Cambodia GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)
Mean Years
of Schooling
Cambodia
Mean Years of
Schooling Cambodia
Pearson
Correlation
Sig. (2-tailed)
N
GNI Per Capita
Pearson
Cambodia
Correlation
Sig. (2-tailed)
N
Life Expectancy
Pearson
Cambodia
Correlation
Sig. (2-tailed)
N
**. Correlation is significant at the 0.01 level (2-tailed)
GNI Per
Capita
Cambodia
Life
Expectancy
Cambodia
.974**
.994**
10
.000
10
.000
10
.974**
.985**
.000
10
10
.000
10
.994**
.985**
.000
10
.000
10
10
Table 2: Indonesia GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)
Mean Years
of Schooling
Indonesia
Mean Years of
Schooling Indonesia
Pearson
1
Correlation
Sig. (2-tailed)
N
10
GNI Per Capita
Pearson
.885**
Indonesia
Correlation
Sig. (2-tailed)
.001
N
10
Life Expectancy
Pearson
.982**
Indonesia
Correlation
Sig. (2-tailed)
.000
N
10
**. Correlation is significant at the 0.01 level (2-tailed).
GNI Per
Capita
Indonesia
Life
Expectancy
Indonesia
.885**
.982**
.001
10
.000
10
.952**
10
.000
10
.952**
.000
10
10
Table 3: Laos GNI per Capita, Life Expectancy, and Mean Years of Schooling (2000-2010)
Mean Years
of Schooling
Laos
Mean Years of
Schooling Laos
Pearson
1
Correlation
Sig. (2-tailed)
N
10
GNI Per Capita Laos
Pearson
.987**
Correlation
Sig. (2-tailed)
.000
N
10
Life Expectancy Laos Pearson
.998**
Correlation
Sig. (2-tailed)
.000
N
10
GNI Per
Capita Laos
Life
Expectancy
Laos
.987**
.998**
.000
10
.000
10
.977**
10
.000
10
.977**
.000
10
10
Table 4: Malaysia GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)
Mean Years
of Schooling
Malaysia
Mean Years of
Schooling Malaysia
Pearson
1
Correlation
Sig. (2-tailed)
N
10
GNI Per Capita
Pearson
.978**
Malaysia
Correlation
Sig. (2-tailed)
.000
N
10
Life Expectancy
Pearson
.998**
Malaysia
Correlation
Sig. (2-tailed)
.000
N
10
GNI Per
Capita
Malaysia
Life
Expectancy
Malaysia
.978**
.998**
.000
10
.000
10
.979**
10
.000
10
.979**
.000
10
10
Table 5: Myanmar GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)
Mean Years
of Schooling
Myanmar
Mean Years of
Schooling Myanmar
Pearson
1
Correlation
Sig. (2-tailed)
N
10
GNI Per Capita
Pearson
.972**
Myanmar
Correlation
Sig. (2-tailed)
.006
N
5
Life Expectancy
Pearson
.966**
Myanmar
Correlation
Sig. (2-tailed)
.000
N
10
*. Correlation is significant at the 0.05 level (2-tailed).
GNI Per
Capita
Myanmar
Life
Expectancy
Myanmar
.972**
.966**
.006
5
.000
10
.922*
.026
5
.922*
.026
5
10
Table 6: Philippines GNI per Capita, Life Expectancy, and Mean Years of Schooling
(2000-2010)
Mean Years
of Schooling
Philippines
Mean Years of
Schooling Philippines
Pearson
1
Correlation
Sig. (2-tailed)
N
10
GNI Per Capita
Pearson
.985**
Philippines
Correlation
Sig. (2-tailed)
.000
N
10
Life Expectancy
Pearson
.999**
Philippines
Correlation
Sig. (2-tailed)
.000
N
10
GNI Per
Capita
Philippines
Life
Expectancy
Philippines
.985**
.999**
.000
10
.000
10
.979**
10
.000
10
.979**
.000
10
10
Table 7: Singapore GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)
Mean Years
of Schooling
Singapore
Mean Years of
Schooling Singapore
Pearson
1
Correlation
Sig. (2-tailed)
N
10
GNI Per Capita
Pearson
.904**
Singapore
Correlation
Sig. (2-tailed)
.000
N
10
Life Expectancy
Pearson
.989**
Singapore
Correlation
Sig. (2-tailed)
.000
N
10
GNI Per
Capita
Singapore
Life
Expectancy
Singapore
.904**
.989**
.000
10
.000
10
.925**
10
.000
10
.925**
.000
10
10
Table 8: Thailand GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)
Mean Years
of Schooling
Thailand
Mean Years of
Schooling Thailand
Pearson
1
Correlation
Sig. (2-tailed)
N
10
GNI Per Capita
Pearson
.969**
Thailand
Correlation
Sig. (2-tailed)
.000
N
10
Life Expectancy
Pearson
.987**
Thailand
Correlation
Sig. (2-tailed)
.000
N
10
GNI Per
Capita
Thailand
Life
Expectancy
Thailand
.969**
.987**
.000
10
.000
10
.934**
10
.000
10
.934**
.000
10
10
Table 9: Vietnam GNI per Capita, Life Expectancy, and Mean Years of Schooling (20002010)
Mean Years
of Schooling
Vietnam
Mean Years of
Schooling Vietnam
Pearson
1
Correlation
Sig. (2-tailed)
N
10
GNI Per Capita
Pearson
.999**
Vietnam
Correlation
Sig. (2-tailed)
.000
N
10
Life Expectancy
Pearson
.982**
Vietnam
Correlation
Sig. (2-tailed)
.000
N
10
GNI Per
Capita
Vietnam
Life
Expectancy
Vietnam
.999**
.982**
.000
10
.000
10
.978**
10
.000
10
.978**
.000
10
10
Normally, poverty is defined quantitatively, such as living on less than $1.25 per day.
UN (2000) Millennium Development Goal One was to halve, between 1990 and 2015, the
proportion of people whose income is less than $1.25 a day. This goal was accomplished as
early as 2011, but the static $1.25 was worth considerably less by then due to inflation, which
was an average 8% per annum through the period (UNICEF, 2013). If inflation were factored
into the goal, then by 2011, the target income should have been about $6 per day. However, in
2012, there were still about 2.1 billion people living on less than $3.10 per day, which was
relatively more impoverished than a person living on $1.25 a day in 1990 given inflation
(World Bank, 2013a; 2013b).
As a response to methodological issues in quantitative definition of poverty, UNICEF
described children living in poverty as experiencing deprivation of the material, spiritual and
emotional resources needed to survive, develop and thrive, leaving them unable to enjoy their
rights, achieve their full potential or participate as full and equal members of society
(Bellamy, 2004). Indeed, data shows low income may have further negative impacts on
childrens health, which inherently reduces their potential to achieve and develop at their
highest potential.
Table 10: Vietnam GNI per Capita and under 5 Stunting Rates (2000-2010)
GNI Per
Capita
Vietnam
GNI Per Capita
Vietnam
Pearson
1
Correlation
Sig. (2-tailed)
N
10
VN <5 Stunting Rate Pearson
-.909**
Correlation
Sig. (2-tailed)
.002
N
8
VN <5
Stunting Rate
-.909**
.002
8
1
9
Data suggested rates of stunting and wasting for Philippines and Indonesia were
perfectly correlated with GNI per capita, although infrequent reporting and therefore small
sample sizes likely interfered with reliability of those calculations. Statistical reporting was
robust from Vietnam, lending credibility to the very strong, highly significant negative
correlations between income and stunting. Given the demonstrated relationship between
variables, it follows that a large portion of stunting in the ASEAN region could be eliminated
if incomes rose significantly. Economic growth is an explicit goal of the ASEAN group,
though delivering results has proven wearisome under the current model. The relative
stagnancy conventional methods have engendered create an environment primed for
disruptive innovation, or the ultimate out-of-the-box type of thinking.
In order to swiftly and resolutely accomplish lofty objectives set forth in international
agreements, such as those administered by the ASEAN Secretariat, entirely new strategies
and techniques need to be explored. Orthodox policy templates, including those incorporating
innovations, produce action plans which the public and institutions are ready for, willing and
able to implement. Disruptive innovation, on the other hand, leads to outputs that people are
not ready and have no demand for they impose variable change into a system, unsettling
elements that have become fossilized in their approach or effect (Cerna, 2013, p. 13; Downes
and Nunes, 2013). In order for every member of ASEAN to emerge from the low and lowmiddle income groups, dynamism is absolutely necessary. Chinas swift development has
been called an economic miracle (Lin, Cai, and Li, 2003). The challenge beset for ASEAN
is even greater, since it requires intensive international cooperation. A veritable new model in
international partnerships is ASEANs sole hope for achieving victory in its conquest for
prosperity and peace.
Table 11: GDP per Capita in ASEAN in Real $US and $PPP (2013)
Real $
PPP
BR $39,151 $72,871
KH $1,024 $3,053
ID
$3,623 $9,995
LAO $1,700 $4,958
MY $10,973 $23,114
MR $1,106 $1,711
PH $2,786 $6,150
SG $55,979 $76,988
TH $6,229 $14,859
VN $1,908 $5,000
%
Difference
186.1%
298.1%
275.9%
291.6%
210.6%
154.7%
220.7%
137.5%
238.5%
262.1%
ASEAN is in a unique position to

contribute to global conversations on poverty
and inequality. There is no other international
alliance available within which such a range of
socioeconomic status exists in such a small
number of nations, nor within such close
geographical proximity. One could literally start
driving a car in Singapore, and in a matter of a day, or certainly two, witness the breadth of
standards of living from the highest to lowest on earth. Such disparity exists in very real
terms.
3.2 Rethinking PPP
There is no method of adjusting the relative degree of poverty a rural community in
Cambodia faces when compared to Singapore or Brunei. Despite the absolute nature of
poverty in the region, however, economists have successfully augmented perceptions through
purchasing power parity that special magic that makes $2.80 look like $8.36 in the case of
Cambodias daily per capita income. Mathematically speaking, purchasing power parity is
simply a ratio of prices in different currencies,
PPP=
(Thailand priceBaht )
(US price Dollars)
PPP is also known as the law of one price the idea that every product should be
equally priced regardless of the location of the purchase, regardless of minimum wages in the
place of purchase, regardless of any market conditions or factors that vary between locations
of purchase. PPP is also instrumental in calculating so-called real exchange rate (RER)
which can be found mathematically,
RER=
(official exchange rate)( priceforeigncur rency)

(US dollar price)
Legally speaking, the official exchange rate is the only exchange rate. The real
exchange rate is merely a theoretical concept closely related to the Big Mac Index
(Economist, 2013), only RER uses a larger basket of goods whereas the Big Mac Index uses
just one: a hamburger. PPP and RER were used to brand China as a currency manipulator
(Morrison and Labonte, 2013), which seems like a politically-motivated maneuver since
technically Chinas currency is not the most undervalued in the world, and no nations were
targeted due to their overvalued currencies.
China, having the worlds largest export economy, benefits from having a weaker
Yuan. A weaker Yuan means fewer imports from the United States and more exports to the
United States, which upsets American interests. On the other side of the scale, a strong Swiss
Franc or Norwegian Kroner support higher volumes of imports from the US, so there is no
reason for the American government to criticize the practice of systemic overvaluation,
should such a thing exist. Nor is there sufficient reason to protest the weak Indonesian Rupiah
or Indian Rupee since the American balance of trade is not so lopsided with those nations,
although their currencies are technically more undervalued than the Yuan.
The law of one price disproportionately disadvantages poorer consumers and
reinforces systemic inequality. For example, an average worker at McDonalds in Bangkok
might earn the daily minimum wage of 300 Baht, or around $9. At that rate, they would have
to work a third to half a day before they could afford a meal at McDonalds, which are around
100-150 Baht (McThai, 2013). A comparable hourly employee in the United States makes at
least $7.25 per hour under the 2009 Fair Labor Standards Act more than the price of one
McDonalds meal (McDonalds, 2013). Obviously, prices need to be lower in areas where
incomes are lower, or consumers would be priced out of the market. Global pricing can thus
be counterproductive for corporations seeking to sell more units. Companies may have to sell
at lower prices in the developing world, but they can retain profitability by reducing variable
labor and property costs.
Lower wages lead to lower costs of living, and vice versa. In the United States in
2013, the poverty threshold for the lower 48 states was about $11,500 for a single person,
increasing by about $4,000 for every additional person in the household. For a single person,
that is about $31.50 per day (HHS, 2013). At that pay rate, an individual would probably be
able to afford a car, which increases their opportunity to get out of poverty. By comparison,
an ASEAN citizen living at or near the national or international poverty line can afford little
more than a meal or two each day, while other basic needs swiftly become unobtainable.
Between 1990 and 2013, the average annual rate of inflation in the ASEAN 10 was
9.37% (World Bank, 2013c). If inflation were factored into poverty threshold calculations,
then 1990s $1.25 would be consistent with $10.73 in 2013, using a simple compounding
formula,
2013 poverty line = $ 1.25(1.0937)24
Using this method, the real-dollar GDP per capita of six ASEAN countries would fall
below the poverty line. However, using PPP, that number would be reduced to two. Laos, one
of the worlds least developed countries, has a PPP per capita income significantly above the
poverty line. That is a clear indication of methodological shortcomings. Without adjusting for
inflation, the real-dollar poverty threshold is $456.25 per year. Even in the developing world,
where prices are noticeably lower, $1.25 is not enough to buy three full meals, let alone pay
rent, buy clothes, pay for transportation, medicine, and other bare necessities as a functional
part of the contemporary economy.
To further illustrate why PPP is a flawed concept, a survey of prices was taken in
Thailand and the United States. Baskets of goods surveyed by the World Bank and other
organizations that calculate official PPP valuations find the Thai Baht overvalued, similar to
the Chinese Yuan. This means prices in Thailand are found to be significantly lower than
those in the United States, using the official exchange rate, which has had a range of about 29
Baht/dollar to 40 Baht/dollar since 2006 (XE, 2013). While the world is obliged to accept the
findings of the mainstream economists that calculate PPP and RER, it appears that they omit
data relating to numerous consumer goods, and especially high priced items like electronics
and automobiles, which are remarkably more expensive in places like Thailand than they are
in the United States.
The average price of the basket of goods in Table 12 was 147% greater in Thailand
than it was in the United States, using the spot exchange rate of 32 Baht/$, suggesting the
value of the Baht is, in fact, overvalued rather than undervalued as the conventional
methodology would have it. In order for prices to equalize, especially for high value items
like cars, the Thai Baht would have to depreciate by nearly 50%. The purpose of this example
is not to recommend the Baht be devalued, but rather that the mainstream models of defining
and assessing poverty and income are unreliable, perhaps even biased.
Table 12: Price Comparison between Thailand and USA with Official and Adjusted
Exchange Rates (2013)
Product
Price in
Thailand
(THB)
Official
Exchange
(32B/$)
Price in
USA
(USD)
pTH/pU
S
2013 Toyota Camry
1,299,000.0
0
40,593.75
22,235.00
182.57%
2013 Ford Focus
849,000.00
26,531.25
16,200.00
163.77%
2013 Mercedes C
Sedan
2,250,000.0
0
70,312.50
35,350.00
198.90%
2013 Chevy Cruze
752,000.00
23,500.00
17,130.00
137.19%
iPhone 5
iPad 4
Sony PlayStation Vita
Samsung Galaxy Tab 2
10.1 16GB
LG 42" LCD HDTV
Nikon D5200 Camera
North Face Ultra 106
GTX XCR Shoe
Jif Creamy PB 18oz
Smucker's Preserves
(12oz)
Hershey's Nuggets
12oz
Lipton Yellow Tea 100
Bags
Gasoline (1 gal)
McCormick Ground
Cinnamon (1oz)
Cheddar Cheese (240g)
Pantene Pro-V
Shampoo 325-340mL
Pop Secret Extra
Butter 3 bags
Nutella Spread 750g
Kellogg's Corn Flakes
500g
Butter (277g, 1/2 lb)
Milk (2L, 1/2 gal)
Large Pepperoni Pan
Pizza
Sour Cream (400g,
1lb)
22,900.00
16,500.00
11,990.00
715.63
515.63
374.69
649.00
499.00
249.00
110.27%
103.33%
150.48%
Adjuste
d
Exchang
e (47.5B/
$)
27,347.3
7
17,873.6
8
47,368.4
2
15,831.5
8
482.11
347.37
252.42
15,900.00
496.88
349.99
141.97%
334.74
95.64%
14,490.00
29,900.00
452.81
934.38
478.00
899.99
94.73%
103.82%
305.05
629.47
63.82%
69.94%
5,150.00
160.94
120.00
134.11%
108.42
90.35%
154.00
4.81
2.98
161.49%
3.24
108.80%
99.00
3.09
2.69
115.01%
2.08
77.48%
199.00
6.22
3.28
189.60%
4.19
127.73%
185.00
5.78
3.28
176.26%
3.89
118.74%
142.92
4.47
3.54
126.24%
3.01
85.04%
59.00
1.84
1.89
97.55%
1.24
65.72%
320.00
10.00
2.79
358.42%
6.74
241.46%
129.00
4.03
2.97
135.73%
2.72
91.44%
125.00
3.91
2.99
130.64%
2.63
88.01%
345.00
10.78
6.56
164.35%
7.26
110.72%
111.50
3.48
2.98
116.93%
2.35
78.77%
87.00
85.00
2.72
2.66
2.49
1.99
109.19%
133.48%
1.83
1.79
73.56%
89.92%
438.00
13.69
13.00
105.29%
9.22
70.93%
120.00
3.75
1.98
189.39%
2.53
127.59%
Average:
147.25%
Adjusted
pTH/pUS
122.99%
110.33%
134.00%
92.42%
74.28%
69.61%
101.37%
100.95%
3.3 Inequality in ASEAN

Recognizing failures to achieve targets set by MDGs and regional efforts to eradicate
poverty is fundamental to creating an atmosphere of substantial change an ASEAN that is
primed to exceed growth and development expectations. This implies analysis of strengths,
weaknesses, opportunities, and threats must be unabridged and inclusive. Collective
prosperity cannot be achieved if individual poverty is overlooked or rationalized. Sustained
macroeconomic growth entails significant reduction in national poverty rates; not only
ascension of a few oligarchs to multimillionaire or billionaire status, but rather upward
movement of millions of people from the lowest income tiers. Recent rises in GINI
coefficients in Thailand, Indonesia, and Malaysia (Seneviratne and Sun, 2013) alongside
already high income inequality levels does not indicate the transformation has taken root.
Table 13: GINI Coefficients in ASEAN
Ban Ki-moon (2013) lamented, Large disparities remain in
access to health and education services between the richest and
poorest households. Vulnerable populations have lower levels of
education, lack skills and abilities that can allow them to compete
in todays labor market. They have lower employment rates, earn
KH
ID
LAO
MY
PH
TH
VN
30.8 (2012)
35.6 (2010)
37.9 (2012)
46.3 (2009)
43 (2012)
39.3 (2012)
38.7 (2012)
less, and are less healthy. Poor women are at greater risk of dying during childbirth. Poor
children are less likely to get the quality education that will enable them, in turn, to escape
poverty. Indigenous peoples, persons with disabilities, and older persons are particularly
vulnerable to being trapped in poverty. Social and economic inequalities between rural and
urban areas are also worsening. Of the more than 2.6 billion people worldwide that still lack
access to safe sanitation, the vast majority live in rural areas. These inequalities are a
reproach to the promise of the United Nations Charter.
Qualitative and quantitative reports have shown poverty is associated with myriad
other ills. While the problems are instant, solutions are elusive due to the nature of market
economies, which rely upon private wealth creation. Rampant and severe inequality
motivated Marxist and Maoist movements through the 20th century, but ultimately socialism
and communism proved an ineffective means of establishing and protecting equity. If greater
equality can be established, it will likely be in relation to enhanced protections of human
rights, which begin in childhood. States must find a way to ameliorate institutional
discrimination, thereby providing greater probability of rise in socioeconomic class (HRW,
2013). ASEAN governments, having ratified numerous human rights treaties, succeeded in
legislating non-discrimination, but culture rather than law frequently dictates attitudes and
behaviors. By reducing the threat of rights abuse through consistent prevention, prosecution,
and protection efforts, states can foster an environment where economic progress may
endure.
Communities at risk of violence, exploitation, substance abuse, and those without
proper nutrition, education, or health care cannot thrive and emerge from the depths of
poverty. Cycles of poverty and abuse can be interrupted, but it requires a whole-society effort
wherein each specialized part of the protection system must succeed in carrying out its duties
(UNESCO, 1998). The wealth of a culture may be measured on its protection of individual
rights, which in turn relate to the financial position of those people (Cross, 1997). In order to
grow that social wealth, ASEAN states need to bind together and incrementally reduce the
social and legal concerns discussed in the following subsections. The ultimate solution may
emerge through continual progress, though consistent pressure, through adaptation, and
through cooperation toward mutually-satisfying objectives: peace and prosperity.
Figure1: Cambodia Income Distribution by Quintile, 2012
16%
22%
13%
9%
40%
Income share held by fourth

20%
Income share held by
highest 20%
Income share held by lowest
20%
second 20%
Income share held by third
20%
Figure 2: Indonesia Income Distribution by Quintile, 2010
16%
22%
11%
8%
44%

20%
highest 20%
20%
second 20%
Inflation, consumer prices
(annual %)
Inflation, consumer prices
(annual %)
20%
Figure 3: Laos Income Distribution by Quintile, 2012
15%
21%
11%
7%
46%
Figure 4: Malaysia Income Distribution by Quintile, 2009

20%
highest 20%
20%
second 20%
20%
14%

20%
highest 20%
20%
second 20%
20%
22%
9%
5%
51%
Figure 5: Philippines Income Distribution by Quintile, 2012
Income share held by fourth 20%

14%
Income share held by highest 20%

21%
9%
6% 20%
Income share held by third 20%
Income share held by second 20%
50%
Figure 6: Thailand Income Distribution by Quintile, 2012
15%
22%
10%
7%
46%

20%
highest 20%
20%
second 20%
20%
Figure 7: Vietnam Income Distribution by Quintile, 2012
15%
22%
11%
7%
46%
Figure 8: Births per Woman, 2000-2013

20%
highest 20%
20%
second 20%
20%
5
4.5
BR
KH
ID
LAO
MY
MR
PH
SG
TH
VN
4
3.5
3
2.5
2
1.5
1
0.5
0
Figure 9: Access to Electricity, 2010-2012
BR
VN
100
KH
50
TH
ID
0
SG
LAO
PH
MY
MR
Access to electricity (% of
population)
Access to electricity, rural
(% of rural population)
Chapter Three
Child Welfare in ASEAN
1. Statelessness
The right to nationality is the bedrock of human rights. Since individuals are not the
subjects of international law, they must seek any legal assistance within a municipal
jurisdiction. Without a nationality, individuals face the threat that courts and agencies will not
feel obligated to protect and enforce their rights. Stateless people lack a legal identity, which
does not guarantee a good life, but [whose] absence is a serious impediment to it (Bahbha,
2011). The fundamental role nationality plays in attainment of human rights is affirmed by its
inclusion in the UDHR, ICCPR, CRC, and 1961 Convention on the Reduction of
Statelessness.
Stateless people are typically very poor. Their lack of legal identity frequently
prevents their acquisition of public education, which makes it more difficult for them to rise
out of poverty. A stateless person cannot take advantage of work opportunities in foreign
countries, or in some cases, other provinces within their home country. Correspondingly,
stateless people are disproportionately threatened by human trafficking and smuggling. As
migrants, whether political or economic, these people then face threat of arbitrary or irregular
detention (Gueorguieva, 2012; UNHCR, 2012).
Whereas governments a severely limited in their power to prevent most other
instances of deprivation of human rights, statelessness is entirely within the control of
governments. Nowhere in the world is this fact more noticeable than in ASEAN, particularly
in Thailand and Myanmar. In 2013, Thailand and Myanmar shared 13.3% of the worlds
estimated 10 million stateless people, and 41% of the 3.3 million stateless officially reported
to the UNHCR (2013; 2013a; 2013b). This high concentration of stateless people was due in
part to poorly resolved border disputes between the two Golden Triangle nations, but it was
mainly because of Myanmars failure to recognize and enforce this most basic human right.
The 1982 Myanmar Citizenship Law made the country a rare example of statutory
deprivation of nationality. Section 4 of the law grants the Council of State authority to
determine whether or not a group of people are citizens on the basis of ethnicity. The Act
explicitly mentions several such groups (i.e. Kachin, Kayah, Karen, Chin, Burman, Mon,
Rakhine, Shan, and others residing in Myanmar prior to 1823). Rohingya Muslims were
omitted from the list, leading to their non-recognition as citizens despite their having lived in
the Rakhine state for centuries. Subsequently, there were 810,000 stateless people in the
Rakhine state alone in 2013, representing nearly all the stateless people in the country. In
2012, there were more than 450,000 stateless children in Myanmar (UNHCR, 2013c). As
such, Myanmar has failed to carry out its obligations under Articles 2 and 7 of the CRC, and
of Article 18 of the 2012 ASEAN Human Rights Declaration, by way of their discrimination
against a minority group and denial of nationality to children born within their territory who
have no other possible claim to nationality. Although it is not a party to the 1965 Convention
on the Elimination of All Forms of Racial Discrimination or the 1961 Convention on the
Reduction of Statelessness, Myanmar is still in violation of jus cogens prohibition of
discrimination-based statelessness (Addison, 2013). No ASEAN member has ratified either
the 1961 or 1954 Statelessness Convention, but that does not mean statelessness in the region
does not contravene international legal standards.
Tens of thousands of Rohingya fled their home to escape violence and persecution.
Some of them arrived in Thailand by sea, where they were forced into detention camps and
some sent back out to traffickers. Investigative reporters implicated the Royal Thai Navy in a
trafficking scheme, landing the reporters in jail for defamation (Szep and Marshall, 2013; UN
News Centre, 2013). More than 90,000 refugees and asylum-seekers from Myanmar were
recorded in Thailand in 2013. UNHCR (1999) guidelines on asylum-seekers state that as a

general principle, asylum-seekers should not be detained, but the Thai government has
discretionary power to determine who does or does not receive asylum-seeker status.
Considering that there are as many as 3 million migrant Burmese workers in Thailand
(McGann, 2013), or roughly 5% of Thailands population, there is reason for Thailand to
approach immigration and naturalization as an economic issue. As part of an effort to legalize
Burmese workers who did not migrate to Thailand through proper channels, a Memorandum
of Understanding (MOU) was signed between Thailand and Myanmar in 2003 on
Cooperation in the Employment of Workers. Burmese in Thailand may now gain legal
immigration status by going through a nationality verification process, but in many cases
local and provincial authorities in Myanmar are unable or unwilling to provide
documentation on birth and nationality (GMS TRIANGLE, 2013). The majority of the
undocumented migrants are considered unlikely to complete the nationality verification
process due to corruption and bad faith on the part of government officials in Myanmar. In
cases where undocumented Burmese workers have children in Thailand, those children are
precluded from acquiring Thai nationality under section 7 of the Thai Nationality Act (1965,
as amended until 2008). Furthermore, section 10 of the Act may block such acquisition even
after parents are legalized due to prior violation of immigration laws. Any such children, if
not granted jus soli Thai citizenship, would likely remain stateless, considering the parents
inability to prove Myanmar citizenship, and the likely procedural barriers that would prevent
them from successfully applying for jus sanguinis citizenship. These children are therefore
stateless without some system change.
Naturalization would foster human rights, but it is not a realistic option under the
current system. Section 9 of the MOU states that workers who complete the nationality
verification process can gain temporary residence in Thailand for a period of 2 years, which
is extendable for another 2 years, but after 4 years, they must return to Myanmar for 3 years
before they can apply for another temporary stay in Thailand. The Thai Nationality Act
provides options for naturalization, but it requires residence for a period of not less than five
consecutive years. Consequently, economic refugees are highly likely to violate immigration
laws and permanently reside in Thailand, which means neither they nor their children can
obtain Thai citizenship, and their children are very unlikely to obtain Burmese citizenship,
thereby leaving them stateless (Yang, 2009).
Table 14: % of Births Registered, Most Recent Year Available
KH
ID
LAO
MR
PH
TH
VN
62.1 (2010)
66.6 (2012)
74.8 (2012)
72.4 (2010)
90.2 (2010)
99.4 (2012)
95 (2011)
World Bank (2013c) Development Indicators show birth

registration has been problematic in some ASEAN states. Thailands
official statistic also shows how these data can be misleading.
Considering the apparently high number of unregistered births to
illegal Burmese migrant workers in Thailand, the likelihood of near
universal registration (99.4%) is low. Thailands revised Civil Registration Act (2008)
provides foreign children rights to a birth certificate, so they should eventually be able to
acquire citizenship of their parents, although this could be an extraordinarily complex
process. If, for example, the child is abandon or if the parents die prior to application, the
child would be left without proof of right by descent. Returns home are also likely to be
problematic, considering that border crossings require documentation. Hence, birth
registration, while fundamental to acquisition of citizenship, is not a cure-all for child
statelessness, which remains a major concern in ASEAN.
2. Child Soldiers
Statelessness puts children at risk of various forms of exploitation and abuse,
including underage military conscription (Mapp, 2007, p66). Without a record of birth, a
childs age is difficult to prove, leaving them vulnerable to early recruitment into national
armed forces (Save the Children, 2013). Neither Brunei nor Myanmar ratified the CRC
Optional Protocol on the involvement of children in armed conflict (2000), although domestic
policy in Myanmar apparently intended to prevent such abuse. Use of child soldiers persisted
for decades in Myanmar despite a 1974 Defence Directive and a 1997 Military Instruction
prohibiting the practice.
Myanmars experiences with child soldiers demonstrate common obstacles in the
enforcement of childrens rights. Legislation and executive orders cannot prevent corruption,
noncompliance, or incompetence among government employees. Cases of forced enlistment
and falsifying ID records have been consistent in Myanmar, despite ongoing UN and
international pressure (IRNI, 2012). UN Security Council Resolutions 1612 (2005), 1882
(2009), 1998 (2011), and 2068 (2012) dealt with grave violations such as those in
Myanmar. In 2012, a UN-Myanmar joint plan of action was implemented (UNICEF, 2012). A
UN Security Council (2013) follow-up report stressed the importance of rebuilding the
civilian-led government, ending prolonged internal conflicts, and preventing forced labor.
Article 38 of the CRC refers to International Humanitarian Law Rules 136-7,
proscribing use of child soldiers, which is listed as a war crime under Article 8 of the Rome
Statute. Worldwide, significant reductions in child soldiers have been made since adoption of
the CRC Optional Protocol, but still children account for as much as 40% of all armed forces
(Kaplan, 2005; Chatterjee, 2012). Myanmar has been cited as having the highest number of
child soldiers in the world (Bachhuber, 2003; Tran, 2009; Healey, 2011). Thailand and the
Philippines, both parties to the Optional Protocol, have also been implicated in recent use of
child soldiers (UN, 2011).
As is the case with statelessness, governments can effectively eradicate child soldiers.
However, reports show that treaty membership and legislation is not enough to solve the
problem. Governments can serious reduce the risk of recruitment of child soldiers with
enhanced identity documents, use of online databases, and most importantly thorough audits
of all military personnel. Internal communication and cooperation among provinces, branches
of service, and battalions can end outdated practice. As with most other issues detailed in this
research, though, an element of will is missing among private and public stakeholders.
Perceptions and beliefs about the role of adolescent children in society must change to
exclude them from the full-time workforce, whether military or otherwise.
3. Child Labor
Overall rates of child labor in ASEAN have been decreasing since 2000 (World Bank,
2013c), but concurrent population increases give rates only minimal significance when
assessing total prevalence. Progress undoubtedly relates to ratification and implementation of
the 1973 ILO Convention No. 138 regarding minimum working age and 1999 Convention
No. 182 concerning the worst forms of child labor. Every country in ASEAN except
Myanmar joined the treaties. CRC articles 32-36 cover the same issues, which include
slavery, sexual exploitation, child pornography, and trafficking.
Table 15: Child Labor Rate 2005-2013

Child Labor
KH
18%
ID
7%
LAO
10%
PH
11%
TH
8%
VN
7%
Source: Author,
UNICEF (2013a)
Contrast between theory, rhetoric and practice is found in at

least six of the ten ASEAN states, where at least 7% of children are
known to be involved in labor. Convention 138 sets a minimum
working age of fifteen, which can be reduced to fourteen for lesserdeveloped countries. Despite Cambodias declaration to the ILO of a
minimum working age of fourteen, Article 177 of the Cambodia Labor Code (1997) mandates
a minimum working age of fifteen. With nearly one in five Cambodian children at work, it is
clear that laws are more suggestions than proper rules by which all citizens are held. The
Indonesian Act Concerning Manpower (2003) at Article 69 provides rights for employment of
children aged 13-15, although Indonesia specified a minimum working age of 15 at the ILO.
The Laos Labor Law (2013) stipulates child labor refers to children aged twelve and
younger, whereas youth labor refers to children aged twelve to eighteen. Article 101 of the
Laotian law allows employment of children between the ages of twelve and fourteen,
although the specified minimum working age at ILO was fourteen. The Vietnam Labor Code
(2012) at Article 164 permits employment of children aged thirteen despite fifteen being
declared as the minimum working age at ILO (2012).
Child labor represents a breakdown in rule of law principles, but it is also a function
of traditional living. The Asian Pacific region has the highest estimated numbers of child
laborers in the world, and rates second only to sub-Saharan Africa (ILO, 2013). About 60% of
child labor occurs in agricultural industries (ILO, 2010). Almost 70% of working children are
in unpaid positions at family businesses, and just under half of them are between ages 5 and
12. In ASEAN, where large proportions of the workforce are employed in agriculture,
children are susceptible to employment in family farming businesses, which are difficult to
police due to privacy and cultural constraints.
Figure 10: % of Working Children Employed in Agriculture
95.07
100
90
77.14
80
70
60
61.95
61.59
54.45
50
40
30
20
10
0
2010-11
KH
ID
LAO
PH
VN
Economic value added by agricultural sectors across the ASEAN group has been flat
for more than a decade while occupation in agriculture has undergone only mild decline. For
a family of five or more, living on a farm is marginally profitable. Food prices were flat for
roughly twenty years prior to the global financial crisis (FAO, 2013). In Thailand the
worlds largest rice exporter (Reuters, 2012) government farm subsidies are required to
keep rural incomes high enough to avoid protests (Chomchuen, 2013). The annual need for
high yields against low technology, low cost production techniques requires cheap manual
labor, which children naturally provide. Public education is supposed to be free for
schoolchildren, but such is not always the case. Extra fees and costs of supplies frequently
make secondary education unattainable, leaving children with no options but to work
(ASEAN, 2013d; Hoang, 2013). Most ASEAN lower secondary completion rates hover
between 50% and 80% (World Bank, 2013c), so child labor naturally proliferates.
Figure 11: Cambodia Agricultural Employment and Value Added
80
70
60
50
40
30
20
10
0
2000
2001
2004
2008
Employment in agriculture (% of total employment)

Agriculture, value added (% of GDP)
2010
Figure 12: Indonesia Agricultural Employment and Value Added
50
45
40
35
30
25
20
15
10
5
0
2000
10
11
12
13
11
12
13

Figure 13: Malaysia Agricultural Employment and Value Added
20
18
16
14
12
10
8
6
4
2
0
2000
10

Figure 14: Philippines Agricultural Employment and Value Added
40
35
30
25
20
15
10
5
0
2000
10
11
12
13

Figure 15: Thailand Agricultural Employment and Value Added
60
50
40
30
20
10
0
2000
10

Figure 16: Vietnam Agricultural Employment and Value Added
11
12
13
70
60
50
40
30
20
10
0
2000
12
13

Sweatshops, synonymous with child labor, harsh conditions, long hours, exploitation,
and multiple forms of intimidation, are typically the focus of child labor reports. Factory and
garment industry labor is far easier to police than agricultural labor. By reducing corruption
and increasing site visits by regulators, in addition to implementation of strict multinational
corporate supply chain protocols, child involvement in sweatshops can be mitigated. Farm
and family business utilization of child labor, on the other hand, is a thornier issue.
Successful eradication of the bulk of child labor in ASEAN is a long-term endeavor.
At this stage in the regions development, it is impossible for governments to intervene in the
tens or hundreds of thousands of cases ongoing. Social and cultural change must precede
expansive legal action against farmers and farming families. The importance of education and
its transformational qualities must be understood by poorer, rural segments of the population
in order for parents to justify sending their children to school rather than putting them to work
on the farm. Such transition requires public outreach, community forums for discussion,
persistent engagement and proactive communication in addition to example cases of
enforcement. In the short term, governments may find their resources best invested in
tackling the more egregious forms of child labor ongoing throughout the region.
4. Child Sexual Exploitation
Southeast Asia is a notorious destination for international sex tourists (Bergman,
2013). If prostitution were legal, the trade could go largely unnoticed, or it may not be the
cause of much concern, such as in Switzerland and Amsterdam, but ASEAN states have
nearly uniformly outlawed all forms of prostitution. Rare exceptions are Cambodia, where the
1993 Constitution at Article 36 has been construed to grant women rights to engage in
prostitution in private as part of their economic freedoms, and in Singapore where the
Womens Charter only criminalizes procuring, soliciting, and other elements of public
prostitution. Elsewhere in the region, the trade is simultaneously criminalized and de facto
legalized, making for an economic environment rife with corruption and money laundering.
Anywhere from 1 to 3 million or more prostitutes are working in ASEAN in any
given week. Roughly half of them are thought to be children (ILO, 1998; Mehta et al, 1998;
Tumlin, 2000; Schreiber, 2008). Some are victims of trafficking and exploitation while others
are voluntarily engaging in the illicit economy; where there is demand, there shall be supply.
A United States Ambassador to the Philippines once estimated that 40% of foreign tourists
come to the Philippines for sex (Rosales, 2011). In Thailand, where sex is considered an
essential economic pillar, it is probably closer to 60% (Rushing and Urbina, 2005;
Shahabudin, 2012). If those estimates are correct, that is nearly 18 million international sex
tourist transactions in Thailand and Philippines alone in the year 2013.
Such robust activity in the illegal economy generate billions of dollars in income, the
sum total of which in four countries Indonesia, Malaysia, Philippines, and Thailand
account for between 4% and 13% of GDP (Hobbs, 2009, p347; Brents, et al, 2010, p35). All
of this illegal income undoubtedly factors into reasons why Thailand has one of the largest
shadow economies in the world, with more than half of all transactions taking place off the
books (Schneider, Buehn, and Montenegro, 2010). The spot impact of these illicit
transactions is net income for individuals, but the long-term economic effects are probably
damaging, considering that criminal profits are usually directed toward low quality
investments in non-productive sectors such as real estate, bars, restaurants, and transportation
(UNODC, 2011, p109).
CRC Article 19 requires governments to protect children from sexual abuse, and
Article 34 requires state parties to protect children from sexual abuse in the form of
prostitution and pornography, which are also the focus of the Optional Protocol. The
challenge for ASEAN has been enforcement and adjudication of offenders. Legislation
prohibiting all prostitution, child exploitation, and trafficking has been in existence for
sufficient time to make an impact if such an impact were to be made. However, the lucrative
financial returns generated by prostitution, in combination with robust demand and support
from foreign tourists, in economic environments with few licit job opportunities paying as
well as prostitution, make prostitution seem like a necessary evil, and one that police are
frequently involved in.
In Bangkok, Minister of Parliament Chuwit Kamonwisit made a fortune organizing a
network of brothels under the moniker of massage parlors (Aglionby, 2003; AP, 2008;
Fernquest, 2012). Chuwits arrest ultimately exposed systemic police bribery and complicity
in prostitution, but even civil forfeiture under Thailands money laundering law could not
damage Chuwits stature among voters (Haanstad, 2008, p258; Nation, 2011). The popularity
of sex tycoons in Thailand demonstrates the cultural acceptance of the trade and impunity of
its participants. Alternatively, involvement of government officials is so ubiquitous that the
general public regards the pseudo-transparency of a man like Chuwit as no worse than other
liars and conmen in public office.
Although prostitution is a profession as old as history, foreign military involvement in

the Vietnam War boosted the trade to the status of a legitimate economic sector, albeit a
criminal one (Rigg, 2003, p169; WHO, 2001). After American military bases closed or the
number of troops deployed reduced, domestic forces took up managing brothels. Military
servicemen in Thailand, Philippines, and Myanmar, just to name a few, have been implicated
in supply, protection, and operation of illegal prostitution establishments (OShannassy, 2000,
p24; Talleyrand, 2000). Illegal or not, the reality of the situation with prostitution seems to be
that somebody from every part of society has their stake in the trade, and that it is too
valuable to abandon, regardless of associated ills. With little or no hope of actually preventing
and suppressing the breadth of prostitution that Southeast Asia is known for, the remaining
option is to regulate the trade. By legalizing and licensing prostitutes, authorities can ensure
disease-free environments where children are not present. Potential tax revenues from
legalized and regulated prostitution are phenomenally high, which could pay for untold
numbers of schools, healthcare services, and other essential government operations.
Unfortunately, the present political environment does not support discussion or debate about
the realities of the failed anti-prostitution efforts. Thus, due to multiple constraints and
competing interests, much of the work on this issue is stalled until further developments
occur. In the meantime, the health and wellbeing of millions of participants are threatened.
5. Health
Sex work, human trafficking, substance abuse and HIV/AIDS are all related topics.
UNESCO (2004) discussed how the more than two million cases of HIV/AIDS in the Greater
Mekong Subregion (GMS) could balloon with more relaxed travel restrictions and a booming
sex market. Thailand, the number one GMS destination for girls and women trafficked into
prostitution, also has the highest rates of HIV infection in ASEAN (ECPAT, 2008; Bergman,
2013). UNICEF (n.d.) found that roughly 30% of sex workers aged 13-19 are infected with
HIV, and although 100% condom use programs in brothels have slowed the spread of
HIV/AIDS, the total number of infections is still growing. World Bank (2013c) statistics
show limited, linear, and logistical growth of HIV/AIDS in ASEAN.
Figure 17: Children Aged 14 and under Living with HIV, 2000-2013
18000
16000
14000
KH
ID
LAO
MY
MR
PH
TH
VN
12000
10000
8000
6000
4000
2000
0
2000 1
10 11 12 13
HIV/AIDS poses a serious dilemma to traditional cultures around the world. The
outdated belief that it is a disease of homosexual men, or one affecting people of abnormally
dubious morals, has interfered with direct and transparent action to prevent its spread.
Educational and public relations initiatives can help engage and inform people in attempts to
destigmatize the disorder, which should result in more open testing and disclosure among
sexual partners. Correlated behaviors, like alcohol and drug abuse (Ruangkanchanasetr, et al,
2005), need to be addressed alongside unprotected sex. While HIV/AIDS does not
discriminate on the basis of sexual orientation, it is generally associated with high-risk
behavior, such as illicit drug use.
According to the UN (2003a), the age of initiation into drug use [declined]
throughout the Asia and Pacific to as low as 12 years. This is despite the fact that the region
has some of the harshest penalties for drug use, distribution, and trafficking. Studies have
shown that 5-7% or more of all Thai adolescents use drugs, and those rates rise to around
14% for boys (Pengpid and Peltzer, 2013). American teens typically experiment with
marijuana, but methamphetamine is the most frequently use drug in Thailand, which ranked
number four in the world for methamphetamine seizures in a recent world drug report
(UNODC, 2013).
Doctors and scientists who authored the 2010 Vienna Declaration stated, we cannot
end AIDS until we end the war on drugs. However, this cannot happen in Southeast Asia
under the current political paradigm, wherein the war on drugs has been one of the most
popular government campaigns (Branigan, 2011a). In 2003, the former Thai Prime Minister
Thaksin Shinawatra launched an anti-drug campaign that resulted in extrajudicial killings of
some 2,300 drug suspects, many of whom had no clear relation to the drug trade (HRW,
2004). Yet, the former PMs popularity remains high to this day.
ASEAN in the 21st century should transition to research and evidence based policy
and planning. Drugs threaten peoples livelihoods, but the war paradigm has proven
ineffective around the world (LEAP, 2013; Annan and Cardoso, 2013; McDonald, 2013).
WHO (2009) found that alcohol use poses the third largest health risk worldwide, while illicit
drug use ranks 18th. Murders and other violent crimes are most commonly a product of
drunkenness rather than narcotics (BJS, 2007; DrugScope, 2013). Sensible, humanitarian
policy is the path that can support health, human rights, and legal agendas. Addicts need
treatment so they can learn to manager their own behavior before it threatens their lives or
those of others (Smart Justice, 2013).
Drugs, alcohol, and sexually transmitted diseases certainly pose significant threats to
the health and wellbeing of ASEANs children, but there are simpler matters which pose even
greater risks. Malnutrition causes about 60% of deaths in children under five (Potterton,
2009). Those same malnourished children are 20% more likely to be illiterate (Save the
Children, 2013a). East and South Asia were tied for highest impact of hunger in the world in
2007, and unlike the sub-Saharan region, Asia was not improving (FAO, 2012). Nutrition
directly relates to economic growth, health, and cognitive development, but it is often
overlooked by policymakers who focus on more sensational issues. Meanwhile, UNICEF
(2006) estimated six million children under five were underweight in Indonesia; three million
in Philippines; and two million in Vietnam.
Statistically significant, positive correlations were found between anemia and
malnourishment in children under-five years of age. The strength of that association rose to
near perfect in lower income groups. Further analysis of variance showed very significant
differences in mean levels of anemia and malnourishment between income groups. Results
showed the higher the income, the lower the levels of malnourishment and anemia.
Table 16: Anemia under Five and Undernourished under Five, Correlations, World 20002011
Under Five
Anemia
World
Under Five Anemia
World
Pearson
1
Correlation
Sig. (2-tailed)
N
12
% Under Five
Pearson
.690*
Undernourished World Correlation
Sig. (2-tailed)
.013
N
12
% Under
Five
Undernourish
ed World
.690*
.013
12
1
15
Table 17: Anemia under Five and Undernourished under Five, Correlations, Lower
Middle Income Countries 2000-2011
Under Five
Anemia
Lower
Middle
Under Five Anemia
Lower Middle
Pearson
1
Correlation
Sig. (2-tailed)
N
12
% Under Five
Pearson
.870**
Undernourished Low
Correlation
Mid
Sig. (2-tailed)
.000
N
12
% Under
Five
Undernourish
ed Low Mid
.870**
.000
12
1
14
Table 18: Anemia under Five and Undernourished under Five, Correlations, Least
Developed Countries 2000-2011
Under Five
Anemia
Least
Developed
% Under
Five
Undernourish
ed Least
Under Five Anemia

Least Developed
Pearson
1
Correlation
Sig. (2-tailed)
N
12
% Under Five
Pearson
.983**
Undernourished Least Correlation
Sig. (2-tailed)
.000
N
12
.983**
.000
12
1
14
Table 19: ANOVA Output, % under Five Undernourished by Income Group and World
Between Groups
Within Groups
Total
Sum of
Squares
2079.405
380.167
2459.572
df
3
53
56
Mean Square
693.135
7.173
F
96.632
Sig.
.000
Table 20: Post Hoc Tests, % under Five Undernourished by Income Group and World
Groups
Mean
Difference
Std.
Error
Sig.
95% Confidence
Interval
Least
-12.3735*
Developed
World
Lower Middle -1.35919
Upper Middle 4.06581*
World
12.37348*
Least
Lower Middle 11.01429*
Developed
Tukey
World
1.35919
HSD
Least
Lower Middle
-11.0143*
Developed
World
-4.06581*
Least
Upper Middle
-16.4393*
Developed
Lower Middle -5.42500*
*. The mean difference is significant at the 0.05 level.
Lower
Bound
Upper
Bound
.99526 .000 -15.013
-9.7336
.99526
.99526
.99526
1.01228
1.01228
.99526
-3.9991
1.4259
9.7336
8.3293
13.7543
-1.2807
1.2807
6.7057
15.0134
13.6993
19.1243
3.9991
1.01228 .000 -13.699
-8.3293
1.01228 .000 2.7400

.99526 .001 -6.7057
8.1100
-1.4259
1.01228 .000 -19.124
-13.7543
1.01228 .000 -8.1100
-2.7400
.526
.001
.000
.000
.000
.526
Table 21: ANOVA Output, % of Children under Five Anemic by Income Group and World
Sum of
Squares
Between
Groups
Within Groups
Total
df
Mean Square
30333.655
170.751
30504.406
66
71
6066.731 2344.960
Sig.
.000
2.587
Table 22: Post Hoc Tests, % of Children under Five Anemic by Income Group and World
Groups
.65665 .000
.65665 .000
95% Confidence
Interval
Lower
Upper
Bound Bound
27.4293 31.2840
31.6393 35.4940
.65665 .000
-21.238
.65665
.65665
.65665
.65665
-14.907 -11.053
19.1210 22.9757
-31.284 -27.429
2.2827 6.1373
Mean
Std.
Difference Error
High Income 29.35667*

OECD
33.56667*
Least
World
-19.3108*
Developed
World
-29.3567*
OECD
4.21000*
Least
High Income
-48.6675*
Developed
Upper Middle -8.30833*
World
-33.5667*
High Income -4.21000*
Least
OECD
-52.8775*
Developed
Tukey
Upper Middle -12.5183*
HSD
World
19.31083*
Least
OECD
52.87750*
Developed
Lower Middle 6.33083*
World
12.98000*
OECD
46.54667*
Lower Middle
Least
-6.33083*
Developed
World
-21.0483*
High Income
8.30833*
OECD
12.51833*
Upper Middle
Least
-40.3592*
Developed
*. The mean difference is significant at the 0.05 level.
Sig.
.000
.000
.000
.000
-17.384
.65665 .000
-50.595
-46.740
.65665
.65665
.65665
.65665
.000
.000
.000
.000
-44.264
-10.236
-35.494
-6.1373
-40.409
-6.3810
-31.639
-2.2827
.65665 .000
-54.805
-50.950
.65665
.65665
.65665
.65665
.65665
.65665
.65665
.65665
.65665
.65665
.000
.000
.000
.000
.000
.000
.000
.000
.000
.000
-48.474
-14.446
17.3835
46.7402
50.9502
4.4035
38.4318
11.0527
40.4093
44.6193
-44.619
-10.591
21.2382
50.5948
54.8048
8.2582
42.2865
14.9073
44.2640
48.4740
.65665 .000
-8.2582
-4.4035
.65665
.65665
.65665
.65665
.000
.000
.000
.000
32.1010
-22.976
6.3810
10.5910
35.9557
-19.121
10.2357
14.4457
.65665 .000
-42.287
-38.432
.65665 .000
-35.956
-32.101
Figure 18: % of Children under Five Undernourished by Income Group and World
Figure 19: % of Children under Five Anemic by Income Group and World
Figure 20: Prevalence of Low Birthweight
25
20
KH
ID
LAO
MY
MR
PH
TH
VN
WLD
15
10
5
0
Low birthweight (%)
Figure 21: % of Children Underweight
35
30
KH
ID
LAO
MY
MR
PH
TH
VN
APAC
WLD
25
20
15
10
5
0
Underweight (%)
Figure 22: Prevalence of Stunting
50
45
KH
ID
LAO
MY
MR
PH
TH
VN
APAC
WLD
40
35
30
25
20
15
10
5
0
Stunting (%)
Figure 23: Prevalence of Wasting
16
14
KH
ID
LAO
MR
PH
TH
VN
APAC
WLD
12
10
8
6
4
2
0
Wasting (%)
Access to healthcare is problematic throughout ASEANs poorer countries, with the

exception of Vietnam, which defies the general trend tying physicians per capita to national
wealth. Without sufficient access to doctors, children are less frequently immunized in
countries like Indonesia, Laos, and Myanmar.
Figure 24: Physicians per 1,000 Population, 2011-2013
BR
KH
ID
LAO
MY
MR
SG
TH
VN
0.5
1.5
2.5
Figure 25: Immunization DPT (% of All Children Ages 12-23 Months), 2000-2013
120
100
BR
KH
LAO
ID
MY
MR
PH
SG
TH
VN
80
60
40
20
0
2000 1
10
11
12
13
Utilization of improved sanitation increases alongside infrastructure development,

which is a corollary of economic growth. Data showed children who have access to improved
sanitation more routinely acquire pharmaceutical treatment for diarrhoea a contributory
cause of death in children under five.
Table 23: Use of Improved Sanitation and Treatment for Diarrhoea among
Cambodia, Indonesia, Laos, Myanmar, Philippines, Thailand, and Vietnam

% Child
Diarrhoea
Treatment
ASEAN
% Child Diarrhoea
Treatment ASEAN
Pearson
1
Correlation
Sig. (2-tailed)
N
7
% Use Improved
Pearson
.867*
Sanitation ASEAN
Correlation
Sig. (2-tailed)
.011
N
7
% Use
Improved
Sanitation
ASEAN
.867*
.011
7
1
7
Near-perfect and perfect, statistically significant, positive correlations were found

between maternal mortality and infant mortality. Near-perfect and perfect, statistically
significant, negative correlations were found between maternal mortality and having a skilled
attendant during birth, and between infant mortality and having a skilled attendant during
birth. The data plainly show that access to healthcare during birth is associated with a reduced
risk of death among both mothers and children.
Table 24: Cambodia Percent of Births with Skilled Attendants, Infant Mortality, and
Maternal Mortality (2000-2010)
Maternal
Mortality
(per 100k)
KH
Maternal Mortality (per Pearson
1
100k) KH
Correlation
Sig. (2-tailed)
N
5
Infant Mortality Rate
Pearson
.361
(per 1k) Cambodia
Correlation
Sig. (2-tailed)
.550
N
5
% Skilled Attendant at Pearson
-.760
Birth Cambodia
Correlation
Sig. (2-tailed)
.240
N
4
Infant
Mortality
Rate (per 1k)
Cambodia
% Skilled
Attendant at
Birth
Cambodia
.361
-.760
.550
5
.240
4
-.967*
.033
4
-.967*
.033
4
Table 25: Indonesia Percent of Births with Skilled Attendants, Infant Mortality, and
Infant
Maternal
Mortality
Mortality
Rate (per 1k)
(per 100k) ID Indonesia
1
100k) ID
Correlation
Sig. (2-tailed)
N
5
Pearson
.974**
(per 1k) Indonesia
Correlation
Sig. (2-tailed)
.005
N
5
.287
Birth Indonesia
Correlation
Sig. (2-tailed)
.713
N
4
% Skilled
Attendant at
Birth
Indonesia
.974**
.287
.005
5
.713
4
.137
.863
4
.137
.863
4
Table 26: Laos Percent of Births with Skilled Attendants, Infant Mortality, and Maternal
Mortality (2000-2010)
Maternal
Mortality
(per 100k)
LAO
1
100k) LAO
Correlation
Sig. (2-tailed)
N
3
Pearson
.954
(per 1k) Laos
Correlation
Sig. (2-tailed)
.194
N
3
-1.000**
Birth Laos
Correlation
Sig. (2-tailed)
.002
N
3
Infant
Mortality
Rate (per 1k)
Laos
% Skilled
Attendant at
Birth Laos
.954
-1.000**
.194
3
.002
3
-.955
.192
3
-.955
.192
3
Table 27: Malaysia Percent of Births with Skilled Attendants, Infant Mortality, and
Maternal
Mortality
(per 100k)
MY
1
100k) MY
Correlation
Sig. (2-tailed)
N
4
Pearson
.977*
(per 1k) Malaysia
Correlation
Sig. (2-tailed)
.023
N
4
-.932
Birth Malaysia
Correlation
Sig. (2-tailed)
.068
N
4
Infant
Mortality
Rate (per 1k)
Malaysia
% Skilled
Attendant at
Birth
Malaysia
.977*
-.932
.023
4
.068
4
-.948*
.014
5
-.948*
.014
5
Table 28: Myanmar Percent of Births with Skilled Attendants, Infant Mortality, and
Maternal
Mortality
(per 100k)
MR
Infant
Mortality
Rate (per 1k)
Myanmar

1
100k) MR
Correlation
Sig. (2-tailed)
N
4
Pearson
1.000**
(per 1k) Myanmar
Correlation
Sig. (2-tailed)
.
N
2
1.000**
.
2
1
2
Table 29: Philippines Percent of Births with Skilled Attendants, Infant Mortality, and
Maternal
Mortality
(per 100k)
PH
1
100k) PH
Correlation
Sig. (2-tailed)
N
5
Pearson
.676
(per 1k) Philippines
Correlation
Sig. (2-tailed)
.210
N
5
-.664
Birth Philippines
Correlation
Sig. (2-tailed)
.221
N
5
Infant
Mortality
Rate (per 1k)
Philippines
% Skilled
Attendant at
Birth
Philippines
.676
-.664
.210
5
.221
5
-.894*
.041
5
-.894*
.041
5
Table 30: Singapore Percent of Births with Skilled Attendants, Infant Mortality, and
Maternal
Mortality
(per 100k)
SG
1
100k) SG
Correlation
Sig. (2-tailed)
N
5
Pearson
-.532
(per 1k) Singapore
Correlation
Sig. (2-tailed)
.357
N
5
.471
Birth Singapore
Correlation
Sig. (2-tailed)
.423
N
5
Infant
Mortality
Rate (per 1k)
Singapore
% Skilled
Attendant at
Birth
Singapore
-.532
.471
.357
5
.423
5
-.928*
.023
5
-.928*
.023
5
Table 31: Vietnam Percent of Births with Skilled Attendants, Infant Mortality, and
Maternal
Mortality
(per 100k)
VN
1
100k) VN
Correlation
Sig. (2-tailed)
N
3
Pearson
1.000**
(per 1k) Vietnam
Correlation
Sig. (2-tailed)
.000
N
3
-.997*
Birth Vietnam
Correlation
Sig. (2-tailed)
.045
N
3
Infant
Mortality
Rate (per 1k)
Vietnam
% Skilled
Attendant at
Birth
Vietnam
1.000**
-.997*
.000
3
.045
3
-.947
.053
4
-.947
.053
4
Overall under-five mortality has been decreasing in most ASEAN countries, but the
rates of decline have slowed. In Indonesia, those rates have flat lined. In Malaysia, mortality
has been increasing. The following charts show progress toward reigning under-five
mortality, but also that more comprehensive adjustments are required to complete the task.
Figure 26: Cambodia Mortality by Numbers, 2000-2013
40000
35000
30000
25000
20000
15000
10000
5000
0
20001 2 3 4 5 6 7 8 9 10 11 12 13
Figure 27: Indonesia Mortality by Numbers, 2000-2013
Number of maternal deaths

Number of infant deaths
Number of neonatal deaths
Number of under-five
deaths
250000
200000
150000

deaths
100000
50000
12
10
20
00
Figure 28: Laos Mortality by Numbers, 2000-2013
25000
20000
15000

deaths
10000
5000
12
10
20
00
Figure 29: Malaysia Mortality by Numbers, 2000-2013
6000
5000
4000

deaths
3000
2000
1000
0
2000 1 2 3 4 5 6 7 8 9 10 11 12 13
Figure 30: Myanmar Mortality by Numbers, 2000-2013
100000
90000
80000
70000
60000
50000
40000
30000
20000
10000
0
20001 2 3 4 5 6 7 8 9 10 11 12 13
Figure 31: Philippines Mortality by Numbers, 2000-2013

deaths
100000
90000
80000
70000
60000
50000
40000
30000

deaths
20000
10000
0
20001 2 3 4 5 6 7 8 9 10 11 12 13
Figure 32: Thailand Mortality by Numbers, 2000-2013
25000
20000
15000
10000
5000
0
20001 2 3 4 5 6 7 8 9 10 11 12 13
Figure 33: Vietnam Mortality by Numbers, 2000-2013

deaths
50000
45000
40000
35000
30000
25000
20000
15000

deaths
10000
5000
0
20001 2 3 4 5 6 7 8 9 10 11 12 13
6. Education
As previously discussed, education is positively associated with economic
opportunity, and negatively associated with poverty, substance abuse, and child labor. A
competitive economic region is the second pillar of the ASEAN Economic Community
(ASEAN, 2012). The third pillar is equitable economic development. Without full completion
of secondary and robust completion of higher education, neither of these objectives can be
satisfied. Currently, only Brunei and Singapore are achieving universal completion of lower
secondary school, while rates for LDCs in the region lag behind at roughly 50%.
Figure 34: Lower Secondary Completion Rate, 2009-2013
120
100
80
60
40
20
BR
KH
ID
LAO
MY
MR
PH
TH
VN
Results from 2012 PISA tests show only two of five participating ASEAN countries
Singapore and Vietnam scored at or above average on math, while Thailand, Indonesia, and
Malaysia all scored below average (OECD, 2013). Further analysis of PISA scores showed
that Malaysia, Indonesia, and Thailand all had above average equity in education
opportunities, while Vietnam had average equity. Students in Vietnam were considered
resilient, meaning they outscored significant populations of students from more
socioeconomically advantaged communities. As seen in the case of Vietnam, educational
achievement does not always directly relate to improved economic conditions in the present.
Education is part of a long-term solution for poverty and inequality two things ASEAN
states commonly suffer. Higher-educated parents typically earn more and send their children
to school more often than lesser-educated parents (P21, 2008). ASEAN statistics show the
region has a serious challenge ahead of it, given that the mode average level of education in
the workforce in most countries is primary only. Philippines, Singapore, and Malaysia break
that trend among reporting nations; Singapore is especially notable, and not surprisingly so
considering that it is consistently ranked one of the most competitive economies in the world.
Aside from Philippines, the workforce in countries with GDP per capita of less than $10,000
most frequently has only a primary education, followed by only secondary, with few workers
having completed tertiary education.
Figure 35: Cambodia Labor Force Education Level, 2012
La
bo
of
to
tal
)
La
bo
rf
or
ce
rf
or
ce
wi
th
pr
im
ar
ye
du
ca
wi
th
ter
tia
ry
ed
uc
ati
on
(%
tio
n(
%
of
to
tal
)
30
25
20
15
10
5
0
Figure 36: Indonesia Labor Force Education Level, 2013
(%
wi
th
ter
tia
ry
ed
uc
ati
on
La
bo
rf
or
ce
La
bo
rf
or
ce
wi
th
pr
im
ar
ye
du
ca
tio
n(
%
of
to
tal
)
of
to
tal
)
70
60
50
40
30
20
10
0
Figure 37: Malaysia Labor Force Education Level, 2013
La
bo
rf
or
ce
ed
uc
ati
on
wi
th
ter
tia
ry
ed
uc
ati
on
La
bo
rf
or
ce
wi
th
se
co
nd
ar
y
(%
(%
of
of
to
tal
)
to
tal
)
(%
tio
n(
%
wi
th
ter
tia
ry
ed
uc
ati
on
rf
or
ce
wi
th
pr
im
ar
ye
du
ca
La
bo
rf
or
ce
La
bo
to
tal
)
of
to
tal
)
of
50
45
40
35
30
25
20
15
10
5
0
Figure 38: Philippines Labor Force Education Level, 2012
80
70
60
50
40
30
20
10
0
Figure 39: Singapore Labor Force Education Level, 2013
(%
tio
n(
%
wi
th
ter
tia
ry
ed
uc
ati
on
rf
or
ce
wi
th
pr
im
ar
ye
du
ca
La
bo
rf
or
ce
La
bo
to
tal
)
of
to
tal
)
of
(%
tio
n(
%
wi
th
ter
tia
ry
ed
uc
ati
on
rf
or
ce
wi
th
pr
im
ar
ye
du
ca
La
bo
rf
or
ce
La
bo
to
tal
)
of
to
tal
)
of
60
50
40
30
20
10
0
Figure 40: Thailand Labor Force Education Level, 2013
45
40
35
30
25
20
15
10
5
0
In order for a whole economy to become competitive, gender parity is ideal. As

concerning as low attainment of education in general is unequal enrolment. In Laos and
Cambodia, female enrolment in all levels of education is remarkably lower than male
enrolment. However, somewhat surprisingly, ASEAN rates of tertiary and secondary
enrolment tend to favour females. This is an indication of the role of males in traditional
ASEAN economies, which are dominated by farming and manual labor jobs. In the matter of
gender parity, Singapore stands out again as a model system
Table 32: Number of Female Students per 100 Males, 2010 unless specified
Primar
y
93.42
91
99.86
Secondary Tertiary
BR
95.9
KH
86
ID
102.02
LAO
85
76
(2005)
MY
94.7
99.4
MR
98
105
PH
92
104
SG
100
100
TH
94
109
VN
92.9
95.6
Source: Author, ASEANstats (2013)
127.24
69
110
Investment in secondary and tertiary

education has been found to boost
economic development, but only a broad
66
based approach was found likely to give
138.7
152
122
108
131
114.3
poorer countries the human capital needed

to bring large portions of the population
out of poverty (IIASA, 2008). In ASEAN,
the only way to accomplish universal
primary and near-universal secondary education is to eliminate tuition and program fees for
public schools, and where possible, provide public funding for supplies. If public funds are
insufficient to subsidize school uniforms, then districts should consider discontinuation of
uniform policies in order to reduce cost burdens parents suffer.
Figure 41: Expenditure on Education as % of Total Government Spending, 2010-2013
25
20
15
10
5
BR
KH
ID
LAO
MY
PH
SG
TH
VN
Using Singapore again as a model, ASEAN governments should be spending not less
than 20% of their budget on education. Considering that Singapores population is the second
smallest in ASEAN, and GDP largest in ASEAN, other states would likely benefit most from
investing more than 25% of their budgets in education in order to achieve a higher perstudent investment. Attainment of education directly leads to higher individual incomes by
creating skills needed to compete in job markets of the 21st century, where people are required
to use computers and other technologies. Not surprisingly, the ASEAN countries with the
highest attainment and performance in education also have the highest rates of internet usage.
Figure 42: Internet Users (per 100 population), 2013
90
80
70
60
50
40
30
20
10
0
BR
KH
ID
LAO
MY
MR
PH
SG
TH
VN
The data also showed that primary enrolment is negatively correlated with under-five
mortality and underweight children. The inverse relationship between poverty and primary
enrolment was nearly significant. Further inverse associations were found between poverty
and health factors. Although the data points assessed were few, leading to potentially
unreliable conclusions, the relationships discovered were intuitive and consistent with other
qualitative and quantitative analyses discussed in this research. The general inference to be
made is that education increases individual wealth, which in turn improves child health and
decreases incidence of poverty over generations.
Table 33: Cambodia Poverty, Primary Enrolment, Underweight under Five, and underFive Mortality
Primary
Poverty Rate Enrolment %
Cambodia
Cambodia
Poverty Rate Cambodia Pearson Correlation
1
-.871
Sig. (2-tailed)
.054
N
5
5
Primary Enrolment %
Pearson Correlation
-.871
1
Cambodia
Sig. (2-tailed)
.054
N
5
5
*
**
Under Five Mortality
Pearson Correlation
.924
-.974
Cambodia
Sig. (2-tailed)
.025
.005
N
5
5
**
Underweight Under
Pearson Correlation
.878
-.986
Five Cambodia
Sig. (2-tailed)
.050
.002
N
5
5
Under Five Underweight

Mortality
Under Five
Cambodia
Cambodia
*
.924
.878
.025
.050
5
5
**
**
-.974
-.986
.005
.002
5
5
**
1
.990
.001
5
5
**
.990
1
.001
5
5
Table 34: Myanmar Poverty, Primary Enrolment, Underweight under Five, and underFive Mortality
Primary
Underweight
Enrolment % Under Five
Myanmar
Myanmar
Primary Enrolment %
Myanmar
Pearson
1
Correlation
Sig. (2-tailed)
N
3
Underweight Under
Pearson
-1.000**
Five Myanmar
Correlation
Sig. (2-tailed)
.
N
2
-1.000**
.
2
1
2
Table 35: Philippines Poverty, Primary Enrolment, Underweight under Five, and underFive Mortality
Primary
Philippines
Philippines
Poverty Rate
Pearson Correlation
1
-.020
Philippines
Sig. (2-tailed)
.974
N
5
5
Primary Enrolment %
Pearson Correlation
-.020
1
Philippines
Sig. (2-tailed)
.974
N
5
5
Pearson Correlation
.959*
.136
Philippines
Sig. (2-tailed)
.010
.827
N
5
5
Underweight Under
Pearson Correlation
.805
.292
Five Philippines
Sig. (2-tailed)
.101
.633
N
5
5

Mortality
Under Five
Philippines
Philippines
*
.959
.805
.010
.101
5
5
.136
.292
.827
.633
5
5
1
.936*
.019
5
5
.936*
1
.019
5
5
Table 36: Thailand Poverty, Primary Enrolment, Underweight under Five, and under-Five
Mortality
Primary
Mortality
Under Five
Thailand
Thailand
Thailand
Thailand
Poverty Rate Thailand
Pearson Correlation
1
-.874
.973
1.000**
Sig. (2-tailed)
.323
.147
.
N
3
3
3
2
**
Primary Enrolment %
Pearson Correlation
-.874
1
-.721
-.997
Thailand
Sig. (2-tailed)
.323
.169
.003
N
3
5
5
4
Pearson Correlation
.973
-.721
1
.759
Thailand
Sig. (2-tailed)
.147
.169
.241
N
3
5
5
4
**
**
Underweight Under
Pearson Correlation
1.000
-.997
.759
1
Five Thailand
Sig. (2-tailed)
.
.003
.241
N
2
4
4
4
Table 37: Vietnam Poverty, Primary Enrolment, Underweight under Five, and under-Five
Mortality
Poverty Rate Vietnam
Primary
Vietnam
Vietnam
Pearson Correlation
1
-.814
Sig. (2-tailed)
.186
N
4
4

Mortality
Under Five
Vietnam
Vietnam
*
1.000
.968*
.018
.032
3
4
Primary Enrolment %
Vietnam
Pearson Correlation
-.814
Sig. (2-tailed)
.186
N
4
Pearson Correlation
1.000*
Vietnam
Sig. (2-tailed)
.018
N
3
Underweight Under
Pearson Correlation
.968*
Five Vietnam
Sig. (2-tailed)
.032
N
4
1
5
-.038
.962
4
-.603
.282
5
-.038
.962
4
1
4
.987*
.013
4
-.603
.282
5
.987*
.013
4
1
5
Chapter Four
Discussion
The birth of a child is typically considered one of the happiest moments of ones
lifetime. However, this initial joy too often turns into pain, as evinced by the epic amounts of
child abuse and deprivation of rights ongoing. Children, as the recipients of rights that they
are not able to directly defend, are dependent upon adults for more than mere survival. The
quality of a childs life, which determines the quality of life in adulthood, is controlled by
parents, guardians, and community members. When those adults are unwilling or unable to
attend to the basic needs or legal entitlements of a child, the system suffers breakdown. Over
time, as multiple cases amass, the overall integrity of rights systems degrades. Governments
are supposed to correct those failings, but when public budgets are short, and political
infrastructure weak, children are left to fend for themselves.
The ASEAN group encompasses diverse geography, economy, ethnography, culture,
religion, linguistic makeup, and legal traditions. No single model can be suitable for all ten
ASEAN members due to their separate, distinct histories and present-day needs. Singapore
and Brunei, as high income members of ASEAN, simply cannot relate to Myanmar, Laos,
and Cambodia in matters of deep poverty. Indonesia, Malaysia, and Brunei cannot identify
with Buddhist principles of law and enforcement as seen in the GMS. Likewise, Philippines
stands alone as a Catholic nation among Buddhist and Muslim states. Total population and
population density divide these nations. But no single variable affects policy as much as per
capita income, which is less than US$4,000 per year on average, with inflation outpacing
wage rises (Australia DFAT, 2013).
1. Education: Cornerstone of Success
Education, which should be the centrepiece of a normal childs life, is a normal good
in economic terms as income rises, so does consumption of that good. Things like nutrition,
health care, and education improve with rises in income, whereas things like incidence of
statelessness, child labor, sexual exploitation, and under-five mortality decrease as wealth
grows. Singapore and Brunei managed to escape the middle income trap (Eichengreen,
Park, and Shin, 2013). Singapore did it through liberal immigration, FDI, and focus on
innovation. Brunei is an anomalous case where natural resource wealth alone was sufficient
to move the country into the high income group. Singapore and Brunei also have the smallest
populations in ASEAN. For the remaining eight nations, the challenges are far more serious,
and the solutions more comprehensive.
While it may be an effective strategy for ASEAN governments to focus on economic
growth and development in hopes that human rights conditions will improve, the direction of
causality between poor human rights conditions and poverty remains unknown. So, the more
appropriate agenda would be to attack both issues simultaneously. Escaping the middle
income trap requires a country to create its own technology (Schuman, 2010; Itoh, 2012;
Canuto, 2013). In a region where the average worker has only a primary education, and
where tertiary completion rates are a mere few percent of the population, the leap from
import and FDI production to innovation is a true feat. Once again, the irreplaceable nature of
education is revisited.
Child labor, whether for a family or not, whether or not it represents important
contributions to local economies, destroys a childs opportunity to gain education and
therefore rise in socioeconomic status. The long-term prosperity of a nation is decimated by
child labor. In order to prevent this abuse, local governments need to keep current records of
households, births, and school aged children in their districts. Compulsory secondary
education needs to be mandated by statute, and police will need to enforce anti-truancy and
pro-enrolment laws. Teachers, administrators, and parent groups will also need to get
involved by keeping track of grade-to-grade drop outs or children known to be working in

local markets or farms.
Likewise, the worst forms of child labor (i.e. prostitution, slavery, pornography) take
from children their rights and opportunity to grow as individuals, to improve their lives, and
to contribute to society via work. ASEAN states most affected by sexual exploitation are not
unequipped to tackle the problem so much as they are disinterested in going through the
cumbersome process of rescue, prosecution, protection of victims, and prevention. Corruption
is endemic in the region, but blatant disregard of child sexual exploitation is beyond a matter
of mere money it is an utter vitiation of core morals that are common to every society.
Child prostitution contravenes jus cogens, and there may be no place in the world where it is
more ubiquitous than Pattaya, Thailand. Such a lapse in public reasoning requires complicity
of parents, schoolteachers, police, governors, businesspeople, and virtually every function of
society. Children are not the only ones being robbed of their brighter future; rather, the entire
population is deprived of its chance to build stable, prosperous communities.
2. Collectivism and Long-term Orientation
The cultures of ASEAN are known for being oriented toward long-term thinking and
collectivism (Hofstede, 2013). As awareness and respect for human rights grow through
education, media exposure, and public relations campaigns, the issues discussed in this
research should become tangible to people who abide by an out of sight, out of mind type
of perceptual set. Core ASEAN cultural values do not support the egregious abuses detailed
in this research, yet still these unfortunate events occur on a daily basis. In order to overcome
an era of deprivation and abuse of childrens rights, the stakeholders in ASEAN will need to
undertake a mission to reduce instant infringements and prevent relapse in the future. Success
in such a monumental task cannot occur quickly, but with long-term planning, it can be had
within the foreseeable future.
Table 38: Game Theory, Time Orientation and Economics
Economic
Result
Individual
Macro
Orientation
Short Long
+
0
+
In the first game scenario, new projects are formed with the intent of reducing and
preventing deprivation and abuse of childrens rights. The short term effects will undoubtedly
be negative for individuals involved in certain abusive behaviors (e.g. child labor,
prostitution). Short term effects at the macro level will be neutral. In the long term, however,
both individual and macro-level economies will reap benefits of actions designed to put
children back in school, where they can learn skills that translate directly to higher incomes
and economic value added.
Table 39: Game Theory, Time Orientation and Impact on Individual Children
Childs
Role
Work
School
Economy
Short Long
-/+
-/+/+/+
In the second game scenario, children who work produce short term economic
benefits while suffering harms themselves (e.g. physical exhaustion, intimidation, removal
from peer groups). The long term effects of child labor are harmful for both economies and
individual children. On the other hand, if a child attends school, he or she forgoes minor
economic benefits in the short term but gains knowledge, comfort of being among peers, and
a more realistic self-identity. In the long-term, a child who is sent through school instead of
work can contribute more to the economy and earn a higher income. Education requires
sacrifice of petty earnings in the short term, but ultimately it leads to higher earnings and a
more valuable economy. Thus, the cultural and transgenerational benefits of enrolment far
surpass what negligible rewards work could bring a child.
Dozens of such scenarios could be created showing the long-term benefits of
supporting and enforcing childrens rights. Several scenarios would show short term benefits
as well, though those would more likely relate to psychological wellbeing and reduction of
criminal activity than to economic gains. Despite the greater good child protection virtually
guarantees, hitherto there has been considerable resistance, failure, and disinterest in
constructing effective systems. Lexical foibles in treaty and statute are present, but not
insurmountable. Culture and tradition remain primary obstacles to achievement of universal
rights.
Adoption of the third CRC Optional Protocol (OP3) regarding communications
procedure would enable individuals and interested groups to lodge complaints directly with
the Committee on the Rights of the Child. Considering how disengaged local and national
governmental forces appear to be in regions most affected by child labor and sexual
exploitation, offering victims and concerned citizens another route to justice may improve
conditions. By 2013, only Thailand had ratified OP3. Universal ratification across ASEAN
would support greater community-wide cooperation on transnational aspects of child labor
and sexual abuse.
All CRC member nations are bound by Article 20(3) to provide special protection for
children whose best interest is not taken care of at home, but tradition tends to favour nonintervention in private family affairs absent evidence of severe crime (e.g. burns, broken
bones, severe lacerations). Divergent opinions over the definition of the best interest of the
child delay and complicate enforcement, even when evidence of violence is present and
known. CRC Article 19 technically protects children from all forms of violence, and Article
28 protects them from violence in schools, but throughout ASEAN corporal punishment is an
acceptable, traditional style of discipline in schools. UNICEF (2012; 2013b) reported nearly
three out of four Laotian and Vietnamese, half of Cambodian and Filipino, and one-third of
Thai students experience physical abuse in schools. Studies have consistently found high
prevalence of violence against children in ASEAN (Ratarsarn, 2005; UNICEF, 2005; UN,
2006). Lack of scandal or domestic media exposure suggests parents and community
members feel violent discipline are in the best interest of the child.
There are more than a dozen mentions of best interest of the child in the CRC and
its Optional Protocols. The best interest standard is the cornerstone of child protection in
practice. Aside from the most deplorable cases, police and other officials are expected to
enforce and make adjustments based upon what is best for the child. However, it seems
psychological and social wellbeing are only partially taken into consideration, whereas the
will and desire of parents and community members to do as they please appears to have a
major role in performance of the laws. In many cases, the wants of adults digress completely
from the ostensible letter and spirit of the law. This gap between theory and practice is where
most of the abuses discussed in this research occur. Closing this gap should be the main
agenda at the ASEAN group.
3. The Complicated Process of Improvement
Making the transition from the present stage to an ASEAN which more closely
resembles its ideals and commitments requires the integrated efforts of millions of people.
Some of the powers to change are delegated to specific agencies within sovereign
governments, but most human rights issues involve a variety of agencies, personnel,
departments, and policies. There should always be more than one way to motivate and effect
change in ASEAN. However, within each government, there are core authorities whose job it
is to handle specific infringements. Without the cooperation of those offices, change becomes
more problematic.
3.1 Citizenship
Under Chapter III of Thailands National Human Rights Commission Act (1999), the
Commission is obligated to examine the issue of stateless Burmese migrants to Thailand.
Since this situation is ongoing, so should the investigations be. Myanmars draft National
Human Rights Commission Law (2013) would likewise be compel such a Commission in
Myanmar to investigate the situation with Rohingya in the Rakhine state should the law be
promulgated, although the present likelihood of a thorough, impartial decision in favor of the
Rohingya is increasingly slim. In conjunction with Ministry of Foreign Affairs and
diplomatic officials, these neighboring Commissions should enter into mediation over the
statelessness crisis originating in Myanmar, which is resulting in the consistent flow of
migrants into Thailand and neighboring states. Whether or not any such bilateral discussion
would be productive remains unknown, so as a secondary option the ASEAN Secretariat and
agencies from other affected governments should join to find a remedy.
3.2 Prostitution and Trafficking
Sex appears to be a sensitive issue throughout ASEAN. The region suffers the highest
rates of child prostitution, exploitation, and sex trafficking in the world, yet there is little
evidence of sustained social discussion on the topics. Regional news and academic journal
outlets infrequently cover the issues. Foreign NGOs or NGOs with foreign backing, foreign
Christian groups, and independent Wester researchers are the most common commentators
available for review. Laws in the region are straightforward, but the volumes of offenses
suggest minimal law enforcement, which implies disinterest at best.
Asian nations are typically classified as leaning more toward social conservativism
than liberalism (Eastin, Daugherty, and Burns, 2011, p398). UNESCO (2012) identified
national laws on both HIV and reproduction in Cambodia, Indonesia, Laos, Philippines, and
Vietnam, whereas no HIV policy was identified in Thailand and Malaysia, and neither were
present in Myanmar or Brunei. The same study found only Cambodia, Indonesia, and
Vietnam had educational policies on HIV, and that none of those countries met UNESCO
standards. Philippines lacked a national primary curriculum, and Brunei lacked any national
curriculum. Much remains unknown of ASEAN policy and educational effectiveness on
issues like HIV and reproduction because none of the ten nations consistently report on the
issues to relevant intergovernmental organizations.
A review of accessible policies found outdated laws or those in need of revision are in
multiple countries pertaining to rape, prostitution, sex trafficking, age of consent, etc. In the
Philippines, the age of consent is twelve years old due to outdated provisions of the Revised
Penal Code. Proposals were made in the Fifteenth and Sixteenth Congresses to raise that
minimum age to sixteen and eighteen under House Bills 681 and 2042, but no progress has
yet been made. Philippines Departments of Health and Education should vocalize support for
these amendments, which would enhance protection of children under their care.
Article 287 of the Indonesian Penal Code effectively sets the age of consent at fifteen,
although the language is somewhat unclear in that it uses as a guide whether or not the female
is marriageable in cases when age is not known. Maximum penalties for sex crimes,
including those involving children, under the Indonesian Penal Code are twelve years in cases
of serious injury, or fifteen if death results. Life imprisonment and capital punishment are
available for other cases of murder, robbery or violence causing death. The implied reasoning
is that sexual violence is less severe than non-sexual violence, regardless of the outcome.
Officials from the Indonesian Ministry of Social Affairs, and Ministry of Women
Empowerment and Child Protection should have an interest in amending the Penal Code to
place protection of child victims rights on par with adults.
Under Thailands Prostitution Prevention and Suppression Act (1996), all elements on
the sale end of prostitution are illegal, but consumption of sexual services is not illegal.
Decriminalization of buying sex is prevalent in countries around the world, though. The same
imbalance on liability is found under the Cambodian Law on Suppression of Human
Trafficking and Sexual Exploitation (2008), the Indonesian Penal Code, the Malaysian Penal
Code (1997), and the Myanmar Suppression of Prostitution Act (1949). Sharia law prohibits
buying sex, as does the Malaysian Syariah Criminal Offenses Act (1997), but Sharia is not
exercised through conventional criminal means, so its application would be a matter separate
from the national criminal law enforcement. Developed countries, like Australia and New
Zealand also allow consumption of prostitution (IDS, 2013), but their situations are not
similar to those in ASEAN, where criminalizing buying sex would probably help stigmatize
the practice, and thereby reduce its prevalence, which would in turn reduce prevalence of
human trafficking.
Legislative reform should be a multilateral effort between national Ministries of
Health, Ministries of Education, local and national police forces. Additional police revenues
are available if buying sex is criminalized. Public health authorities have natural interest in
reducing the spread of sexually transmitted disease, both proactively through education and
by reducing the prevalence of prostitution, especially among children. However, as
previously discussed, the complexity of sexuality problems are compounded by corruption
and malfeasance in public office. Given the depth of such corruption, a two-pronged strategy
would probably produce the greatest chance of success simultaneously lobbying for
stronger anti-prostitution laws and debating legalization.
3.3 Controlled Substances
Around the world, especially in Western democracies, there has been a trend toward
denouncing the war on drugs, and calling for evidence-based, financially conservative,
treatment-over-prison approach toward enforcement of drug laws. Former United Nations
Secretary General Kofi Annan released a statement calling the war on drugs a failure (Annan
and Cardoso, 2013). Uruguay became the first nation to fully legalize cannabis (Castaldi and
Llambias, 2013). Portugals decriminalization of all drugs has been heralded as a success
(Hollersen, 2013). American states of Colorado and Washington hope to generate millions of
dollars in tax revenue from full legalization of cannabis (Dwoskin, 2013). Meanwhile,
ASEAN countries hold tightly to some of the most punitive drug laws in the world.
Under section 15 of the Brunei Misuse of Drugs Act (2001), possession of more than
15 grams of cannabis is presumed to be intent to traffic. In Malaysia, section 37 of the
Dangerous Drugs Act (1980) sets 200 grams of cannabis as the minimum for a presumption
of trafficking. Malaysian law, like those in Singapore, Laos, and Brunei provides mandatory
death penalties for trafficking (Gallanhue, 2011). The Philippines Dangerous Drugs Law
section 11 likewise provides the potential for capital punishment for possession of narcotics,
including 500 grams of cannabis or 10 grams of cannabis resin. In Thailand, cannabis is listed
as a Category V substance under section 7 of the Narcotics Act (1979), which also specifies
the kratom plant not an internationally recognized drug on either the 1961 Single
Convention or the 1971 Convention on Psychotropic Substances. Thailand, like eight other
ASEAN members, may exercise the death penalty for drug crimes something not as often
available for human trafficking or sexual abuse of children resulting in death of the victim.
Narcotics Boards and law enforcement officials at all levels oversee the enforcement
of drug laws. There being such a stigma to drug use, and such mania to fighting the war on
drugs in ASEAN, these agencies have been prone to serious abuse of peoples rights. Perhaps
the most prominent example is the slew of extrajudicial killings by police of drug suspects in
Thailand (Mydans, 2003; Fernquest, 2011). Such furious enforcement measures levied
against suspects in crimes that are traditionally considered victimless (Veneziano and
Veneziano, 1993) coupled with inaction or less potent responses to crimes with clear victims
(e.g. child sexual exploitation, sex trafficking) raise serious concern. This type of imbalance
give the impression of anachronistic human rights strategies, and improper prioritization of
governmental responsibilities. Human rights advocates seize opportunities to criticize
governments and officials when such fallacious scenarios arise. As a matter of good faith and
public relations, ASEAN should reconsider its approach toward drugs in attempts to create a
friendlier, more human-centric identity.
Chapter Five
Recommendations and Conclusion
As the ASEAN group enters its integration phase under AEC, there are several social
and legal challenges that will influence the overall success of the partnership. Human rights,
having garnered widespread and intense attention in recent decades, will continue to be an
area of concern among intergovernmental bodies, NGOs, academics, and other third party
interests. ASEAN has been, and presumably shall continue to be the subject of investigatory
reports on enforcement of human rights, including those pertaining to children. As a means of
protecting the image of the region, protection of such rights are fundamental. Moreover, since
ASEAN as a whole and its constituent sovereign states have entered into formal legal
agreements whereby they have undertaken to recognize and enforce childrens rights, these
ten nations are obligated to provide the fullest protection available to their children to the
future of the ASEAN community.
Notwithstanding formal treaty agreements and implementing statutes, there have been
massive failures on the part of governments to provide even the most modest standards of
protection in such matters as sexual exploitation, labor, nutrition, education, and other more
rudimentary rights like legal identity. ASEAN states suffer some of the deepest poverty on
earth, and as such their people are naturally more at risk than wealthier counterparts around
the globe. Budgetary constraints and competing interests have limited investigation,
prosecution, and adjudication. Parental rights to bring up their children in a manner consistent
with their own beliefs, and privacy rights of individuals have significantly hindered access to
children. Nonetheless, there are opportunities that government agencies at various levels
could capitalize on that would further the cause of child protection in AEC.
1. Recommendations
1. Explore the feasibility of a supranational, central ASEAN authority which would
independently oversee implementation of international agreements to which members
are party. Ideally, it should fall short of a European parliamentary style body, but a
multinational directing agency could streamline cooperation, communication, and
participation in objective-based agreements. ASEAN states should also consider
designing some corrective or punitive measures which could be utilized in moderation
to motivate states to comply with international norms as defined by jus cogens, treaty,
and customary international law.
A central bank or fund attached to the ASEAN Secretariat or ad hoc central authority
would help facilitate smooth transition by way of funding specific local agencies
throughout ASEAN states.
2. Enhanced cooperation on customs and immigration procedures should be developed
to prevent trafficking in persons into and within ASEAN. A centralized database of all
border crossings, updated in real time, is entirely possible given modern technologies.
Customs and immigration authorities should have a common forum through which
they can communicate data, store information, cooperate on procedures, and develop
strategies.
ASEAN-wide missing persons, fugitives, and criminal-suspects databases should be
accessible by law enforcement agencies at all levels. Border control agents should
have facial recognition technologies available which cross-references people crossing
borders with such databases.
3. All ten ASEAN members should ratify most, if not all eighteen major human rights
treaties. All ASEAN states should ratify all three optional protocols to the CRC and at
least one convention on statelessness.
4. The other nine ASEAN members should enter into negotiations with Myanmar
regarding recognition of Rohingya Muslims as natural born citizens of Myanmar. In
the process of such talks, an ASEAN-wide strategy to eradicate statelessness should
be developed, including fail-safe legislation that provides for fast-track naturalization

in any ASEAN state of a stateless person born in any other ASEAN state. A system of
quotas may be necessary considering the unusually high number of stateless people
born in Myanmar, but every person born inside ASEAN borders to parents likewise
born within ASEAN needs to be recognized a citizen.
5. Local school districts, especially in rural areas, should check enrolment and school
attendance against registries of residents in order to prevent children from being
deprived of their right to education. School officials and police should investigate
cases of known child labor, using coercive measures to re-enrol working children. In
areas where parents and communities are exceptionally resistant to anti-truancy
measures, school-to-work programs or practical job skills training programs should be
developed whereby children can attend school on campus part time and gain other
school credits by completing practical assignments at the market or farm. By
integrating school and work, authorities can ensure child work is not hazardous, and
only minimally threatens their cognitive development.
6. Initiatives should be drafted in order to provide free school busing, lunch, and
supplies students who meet minimum poverty criteria. School districts throughout the
region should consider replacing uniform policies with dress codes whereby students
may wear their own clothes so long as they meet standards. Such a change in dress
policy could help poor parents avoid extra costs, thereby increasing the likelihood of
continued enrolment.
7. Special enforcement agencies may be required to break up illegal brothels, bar and
massage parlor prostitution rings in heavily affected countries like Thailand,
Philippines, Cambodia, and Vietnam. International cooperation on this issue can help
authorities overcome bias toward local interests. Immediate, comprehensive, and
persistent searches of known establishments should be initiated with the intent of
removing minors from the premises and issuing civil fines to owners and operators
who knowingly or unknowingly permit minors on site.
8. Considering the resilience and ceaselessness of the flesh trade, serious debate should
emerge over changing the criminal status of adult prostitution. If legalization and
regulation could occur, a licensing scheme could prevent both spread of disease and
involvement of underage men and women. Legalization would also increase tax and
administrative revenues, which could be distributed to schools, health care, law
enforcement, or other needy institutions.
9. States should consider revising narcotics schedules to decriminalize cannabis. Other
low-level drug offenders should be provided outpatient treatment rather than prison
sentences. In order to reduce excess expenditures, states should move their focus to
cultivation and high-level trafficking.
10. Government investment in university research programs with incentives for patent
filings will help spur domestic innovation and economic growth. Tax incentives
should be given to small and medium enterprises and start-ups in technology sectors.
Intellectual property protection, including copyright and trademark, is fundamental to
innovation. ASEAN members in middle and low income groups should begin
transitioning toward more thorough protection of intellectual property.
In closing, there are scores of other potential recommendations available that could
help ASEAN improve its human rights status, its economic growth, and its social integrity. As
is the case with any nation or group of nations on earth, the ASEAN group is imperfect. It is
implicit that states take bona fide measures to continuously improve; this research in no way
derogates from that maxim. Nevertheless, a multitude of errors, oversights, and problems
were discovered in the course of this research, which naturally leads one to posit potential
solutions. Regardless of which path toward improvement is taken, the process begins with
recognizing the need for change. Once that is established, solutions should follow.
References
Addison, T. (2013). Statelessness and Human Rights in the Americas. Human Rights Brief.
Retrieved from http://hrbrief.org/2013/03/statelessness-and-human-rights-in-theamericas/
Aglionby, J. (2003). Sex tycoon exposes police corruption. The Guardian. Retrieved from
http://www.theguardian.com/world/2003/nov/02/thailand
Annan, K., and Cardoso, F. (2013). Kofi Annan: Stop war on drugs. CNN. Retrieved from
http://edition.cnn.com/2013/11/05/opinion/annan-cordoso-humane-drug-policy/
AP (2008). Bangkok's former sex tycoon Chuwit Kamolvisit wants to be governor. Daily
News. Retrieved from http://www.nydailynews.com/news/money/bangkok-sextycoon-chuwit-kamolvisit-governor-article-1.300283
ASEAN (2008). ASEAN Economic Community Blueprint. Jakarta, Indonesia: ASEAN
Secretariat. Retrieved from http://www.asean.org/archive/5187-10.pdf
ASEAN (2010). ASEAN Community in Figures 2013. Jakarta, Indonesia: ASEAN Secretariat.
Retrieved from http://www.asean.org/images/resources/Statistics/2014/ACIF
%202013.PDF
ASEAN (2010a). ASEAN Handbook on International Legal Cooperation in Trafficking in
Persons Cases. Jakarta, Indonesia: ASEAN, Australian Government Aid Program,
UNODC, and Cardno. Retrieved from https://www.unodc.org/documents/humantrafficking/ASEAN_Handbook_on_International_Legal_Cooperation_in_TIP_Cases.
pdf
ASEAN (2012). ASEAN Economic Community Scorecard. Jakarta, Indonesia: ASEAN
Secretariat. Retrieved from http://www.ioeemp.org/fileadmin/ioe_documents/publications/Working%20at%20Regional
%20Level/Asia/EN/_2015-0716__ASEAN_Economic_Community_Scorecard_2012.pdf
ASEAN (2013). ASEAN Member States. Retrieved from http://www.asean.org/asean/aseanmember-states/
ASEAN (2013a). ASEAN Brief 2012. Jakarta, Indonesia: ASEAN Secretariat. Retrieved from
http://www.asean.org/storage/images/2013/resources/statistics/web_ACIF2012_epublish.pdf
ASEAN (2013b). ASEAN Community in Figures 2012. Jakarta, Indonesia: ASEAN
Secretariat. Retrieved from
http://www.asean.org/storage/images/2013/resources/statistics/web_ACIF2012_epublish.pdf
ASEAN (2013c). ASEAN Economic Community Fact Sheet. Jakarta, Indonesia: ASEAN
Secretariat. Retrieved from
http://www.asean.org/storage/images/2013/factsheet/2013%20(6.%20Jun)%20%20AEC.pdf
ASEAN (2013d). State of Education Report. Jakarta, Indonesia: ASEAN.
ASEANstats (2013). Millennium Development Goals. Retrieved from
http://aseanstats.asean.org/
ASEAN Human Rights Declaration (2012).
Australia Government DFAT (2013). ASEAN 10. Retrieved from
http://www.dfat.gov.au/geo/fs/asean.pdf
Avena and other Mexican Nationals (Mexico v. United States of America), International
Court of Justice (2003).
Bahbha, J. (2011). Children Without a State: A Global Human Rights Challenge. Cambridge,
MA, USA: MIT University Press.
BDEA (2013). Buddhist Ethics. Retrieved from http://www.buddhanet.net/elearning/budethics.htm

Bellamy, C. (2004). The State of the Worlds Children 2005: Children under Threat. New
York, NY, USA: UNICEF.
Ben-David, S., and Goldberg, I. (2008). The Relationship of Childhood Victimization, Drug
Abuse, and PTSD to Adult Delinquency in a Prison Population. In: Ronel, N.,
Jaishankar, K., and Bensimon, N. (eds.): Trends and Issues in Victimology, pp. 205221. Newcastle, UK: Cambridge Publishing.
Bergman, J. (2013). Can Burma avoid the curse of sex tourism? Time. Retrieved from
http://world.time.com/2013/04/12/can-burma-avoid-the-curse-of-sex-tourism/
Bigelow, K. (director) (2012). Zero Dark Thirty. Columbia Pictures.
BJS. (2007). Drug use and crime. Retrieved from http://www.bjs.gov/content/dcf/duc.cfm
Branigan, T. (2011). China accuses US of human rights double standards. The Guardian.
Retrieved from http://www.theguardian.com/world/2011/apr/11/china-us-humanrights-double-standards
Branigan, T. (2011a). Rights groups fear wave of deaths as Thailand faces new drugs
crackdown. The Guardian. Retrieved from
http://www.theguardian.com/world/2011/jul/10/thailand-war-on-drugs-rights-groups
Bachhuber, E. (2003). Reluctant warriors? Monterey Institute of International Studies.
Retrieved from http://sites.miis.edu/sand/files/2011/06/688-Child-Soldiers.pdf
Brents, B., et al. (2010). The State of Sex: Tourism, Sex, and Sin in the New American
Heartland. London, UK: Routledge.
Brunei Misuse of Drugs Act (Chapter 27) (2001).
Cambodia Constitution (1993).
Cambodia Law on Suppression of Human Trafficking and Sexual Exploitation (2008).
Canuto, O. (2013). Overcoming Middle-Income Traps. Retrieved from http://cfi.co/asiapacific/2013/03/otaviano-canuto-world-bank-group-overcoming-middle-incometraps/

Cassese, A. (2004). International Law. Oxford, UK: Oxford University Press.
Castaldi, M., and Llambias, F. (2013). Uruguay becomes first country to legalize marijuana
trade. Reuters. Retrieved from http://www.reuters.com/article/us-uruguay-marijuanavote-idUSBRE9BA01520131211
Cerna, L. (2013). The Nature of Policy Change and Implementation: A Review of Different
Theoretical Approaches. Paris, France: OECD.
Charter of the United Nations, 1 U.N.T.S. XVI (1945).
Chatterjee, S. (2012). We neednt wait for conflicts to end for children to be removed from
armed organizations. Forbes. Retrieved from
http://www.forbes.com/sites/realspin/2012/12/09/for-child-soldiers-every-day-is-aliving-nightmare/
Chomchuen, W. (2013). Thai Rice Farmers Threaten Protests. Wall Street Journal. Retrieved
from
http://www.wsj.com/articles/SB10001424127887323393804578555102500800028
Colman, R., Kim, D., Mitchell-Herzfeld, S., and Shady, T. (2009). Long-Term Consequences
of Delinquency: Child Maltreatment and Crime in Early Adulthood. Rensselaer, NY,
USA: New York State Office of Children and Family Services.
Cornell Law School (2013). Sovereign Immunity. Retrieved from
https://www.law.cornell.edu/wex/Sovereign_immunity
Convention on Psychotropic Substances, A/RES/3443 (1971).
Convention on the Elimination of All Forms of Racial Discrimination, 660 U.N.T.S. 195
(1965).
Convention on the Rights of the Child, 1577 U.N.T.S. 3 (1989).

Convention on the Rights of the Child Optional Protocol on the involvement of children in
armed conflict (2000).
Convention on the Rights of the Child Optional Protocol on the sale of children, child
prostitution and child pornography (2000).
Convention on the Rights of the Child Optional Protocol on a communications procedure
(2011).
Convention on the Reduction of Statelessness, 989 U.N.T.S. 175 (1961).
Convention Relating to the Status of Stateless Persons, 360 U.N.T.S. 117 (1954).
Covenant of the League of Nations (1919).
Covenant on the Rights of the Child in Islam, Organization of the Islamic Conference (2004).
Cross, F. (1997). International Determinants of Human Rights and Welfare: Law, Wealth or
Culture. Indiana International and Comparative Law Review, 7(2), 265-277.
Crosson-Tower, C. (2013). Understanding Child Abuse and Neglect. New York, NY, USA:
Pearson.
DAmato, A. (1996). Human Rights as Part of Customary International Law: A Plea for
Change of Paradigms. Georgia Journal of International and Comparative Law, 25,
47-98.
Doe, John v. Unocal Corporation, 395 F.3d 932 (United States Ninth Circuit, 2002).
Downes, L., and Nunes, P. (2013). Big Bang Disruption. Harvard Business Review. Retrieved
from https://hbr.org/2013/03/big-bang-disruption/
Dred Scott v. Sanford, 60 U.S. 393 (1857).
DrugScope. (2013). How much crime is drug related? Retrieved from
http://www.drugscope.org.uk/resources/faqs/faqpages/how-much-crime-is-drugrelated
Dwoskin, E. (2013). Colorado and Washington Try to Figure Out How to Tax Marijuana.
Bloomberg Business. Retrieved from http://www.bloomberg.com/bw/articles/201304-26/colorado-and-washington-try-to-figure-out-how-to-tax-marijuana
Eastin, M., Daugherty, T., and Burns, N. (2011). Handbook of Research on Digital Media and
Advertising: User Generated Content Consumption. Hershey, PA, USA: IGI Global.
Economist, The (2013). How to stop the fighting, sometimes. Retrieved from
http://www.economist.com/news/briefing/21589431-bringing-end-conflicts-withinstates-vexatious-history-provides-guide
Economist, The (2013a). The Big Mac Index. Retrieved from
http://www.economist.com/content/big-mac-index
ECPAT (2008). Combating Child Sex Tourism: Questions & Answers. Retrieved from
www.ecpat.net/ei/Publications/CYP/YP_Guide_to_CST_ENG.pdf
Eichengreen, B., Park, D., and Shin, K. (2013). Growth Slowdowns Redux: New Evidence on
the Middle-Income Trap. NBER Working Paper, No. 18673. Retrieved from
http://www.nber.org/papers/w18673
Fair Labor Standards Act, Public Law 75-718 (1938, as amended in 2009).
FAO. (2012). FAO Statistical Yearbook: World Food and Agriculture. Retrieved from
http://www.fao.org/docrep/015/i2490e/i2490e00.htm
FAO (2013). World Food Situation. Retrieved from
http://www.fao.org/worldfoodsituation/foodpricesindex/en/
Fernquest, J. (2011). War on drugs, without extrajudicial killing. Bangkok Post. Retrieved
from http://www.bangkokpost.com/learning/learning-from-news/241403/war-ondrugs-without-extrajudicial-killing
Fernquest, J. (2012). Corruption 101: Prostitution & the police. Bangkok Post. Retrieved
from http://www.bangkokpost.com/learning/learning-from-news/311742/corruption101-prostitution-the-police
Fields, G. (1980). Education and Income Distribution in Developing Countries: A Review of
the Literature. Washington DC, USA: World Bank. Retrieved from
http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?
article=1487&context=articles
Finnis, J. (2011). Aquinas Moral, Political, and Legal Philosophy. Stanford Encyclopedia of
Philosophy. Retrieved from http://plato.stanford.edu/entries/aquinas-moral-political/
Finnis, J. (2013). Natural Law Theories. Stanford Encyclopedia of Philosophy. Retrieved
from http://plato.stanford.edu/entries/natural-lawtheories/#IusGenCogSehRigLegRulRigPosBecMorNecParAnyLegSys
Gallanhue, P. (2011). The Death Penalty for Drug Offenses: Global Overview 2011. Harm
Reduction International. Retrieved from
http://www.ihra.net/files/2014/08/06/IHRA_DeathPenaltyReport_Sept2011_Web.pdf
GMS TRIANGLE Project and Chulalongkorn University (2013). Regulating recruitment of
migrant workers: An assessment of complaint mechanisms in Thailand. Bangkok,
Thailand: ILO.
Grimmett, R. (2004). Instances of Use of United States Armed Forces Abroad, 1798-2004.
Congressional Research Service. Retrieved from
http://www.au.af.mil/au/awc/awcgate/crs/rl30172.htm
Grimmett, R. (2012). War Powers Resolution: Presidential Compliance. Congressional
Research Service. Retrieved from https://www.fas.org/sgp/crs/natsec/RL33532.pdf
Gueorguieva, D. (2012). Guidelines to Protect Stateless Persons from Arbitrary Detention.
London, UK: Equal Rights Trust.
Gurr, T. (2000). People versus States: Minorities at Risk in the New Century. Washington,
DC, USA: Institute of Peace Press.
Haanstad, E. (2008). Constructing Order through Chaos: A State Ethnography of the Thai
Police. University of Wisconsin Anthropology Department.
Healey, J. (2011). Former Burmese child soldier to speak in Congress. Huffington Post.
Retrieved from http://www.huffingtonpost.com/jack-healey/former-burmese-childsold_b_915566.html
HHS (2013). 2013 Poverty Guidelines. Retrieved from https://aspe.hhs.gov/2013-povertyguidelines
Hoang, L. (2013). Vietnam: Where free education isnt so free. Al-Jazeera News. Retrieved
from http://www.aljazeera.com/indepth/features/2013/04/2013441131475898.html
Hobbs, J. (2009). World Regional Geography. Boston, MA, USA: Cengage Learning.
Hofstede, G. (2013). Cultural Dimensions. Retrieved from http://geert-hofstede.com/
Hollersen, W. (2013). 'This Is Working': Portugal, 12 Years after Decriminalizing Drugs.
Spiegel. Retrieved from http://www.spiegel.de/international/europe/evaluating-drugdecriminalization-in-portugal-12-years-later-a-891060.html
HRW (2004). Human rights abuses and the War on Drugs. Retrieved from
https://www.hrw.org/reports/2004/thailand0704/4.htm
HRW (2013). World Report 2013. New York, NY, USA: Human Rights Watch. Retrieved
from https://www.hrw.org/world-report/2013
HRW (2013a). Discrimination, Inequality, and PovertyA Human Rights Perspective.
Retrieved from https://www.hrw.org/news/2013/01/11/discrimination-inequality-andpoverty-human-rights-perspective
ICRC (2013). Rule 156. Definition of War Crimes. Retrieved from
https://www.icrc.org/customary-ihl/eng/docs/v1_rul_rule156
ICRC (2010). The scope and application of the principle of universal jurisdiction. Statement
before the United Nations General Assembly. Retrieved from
https://www.icrc.org/eng/resources/documents/statement/united-nations-universaljurisdiction-statement-2010-10-15.htm
IDS (2013). Sexuality, Poverty and Law Programme. Retrieved from
http://spl.ids.ac.uk/sexworklaw/countries
IIASA (2008). Economic Growth in Developing Countries: Education Proves Key. Retrieved
from
http://www.iiasa.ac.at/web/home/resources/publications/IIASAPolicyBriefs/pb03web.pdf
ILO Convention (No. 138) concerning Minimum Age for Admission to Employment (1973).
ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour (1999).
ILO (1998). Sex industry assuming massive proportions in Southeast Asia. Retrieved from
http://www.ilo.org/global/about-the-ilo/media-centre/pressreleases/WCMS_007994/lang--en/index.htm
ILO (2010). Accelerating action against child labor. Geneva, Switzerland: ILO.
ILO (2012). Ratifications of C138 - Minimum Age Convention, 1973 (No. 138).
ILO (2013). Marking progress against child labour. Retrieved from
http://www.ilo.org/wcmsp5/groups/public/---ed_norm/--ipec/documents/publication/wcms_221513.pdf
Indonesia Act No. 13 Concerning Manpower (2003).
Indonesia Penal Code (1982).
International Convention on the Elimination of All Forms of Racial Discrimination, 660
U.N.T.S. 195 (1965).
International Covenant on Civil and Political Rights, 999 U.N.T.S. 171 (1966).
International Covenant on Economic, Social, and Cultural Rights, 933 U.N.T.S. 3 (1966).
IRIN (2012). Myanmar: No more child soldiers? Retrieved from
http://www.irinnews.org/report/95947/myanmar-no-more-child-soldiers
Itoh, M. (ed.) (2012). The Middle-income Trap in Asia. NIRA Policy Review, No. 58.
Retrieved from http://www.nira.or.jp/pdf/e_review58.pdf
Jamaica National Council on Drug Abuse (2013). Drug Talk. Retrieved from
http://ncda.org.jm/index.php/publications/drug-talk/66-poverty-a-drug-abuse
Kaplan, E. (2005). Child Soldiers around the World. New York, NY, USA: Council on
Foreign Relations. Retrieved from http://www.cfr.org/human-rights/child-soldiersaround-world/p9331
Kerry, J. (1971). Testimony to the Senate Foreign Relations Committee. Congressional
Record (92nd Congress, 1st Session), 179-210.
Ki-moon, B. (2013). Secretary-Generals remarks at informal General Assembly Thematic
Debate on Inequality. United Nations. Retrieved from
http://www.un.org/sg/statements/index.asp?nid=6955
Kim, A. (2007). The Link between Economic Freedom and Human Rights. Heritage
Foundation. Retrieved from http://www.heritage.org/research/reports/2007/09/thelink-between-economic-freedom-and-human-rights
Khulumani, Sakwe, et al. v. Barclay National Bank, et al., 504 F.3d 254 (United States
Second Circuit, 2007).
Kiobel, Esther v. Royal Dutch Shell, 133 S.Ct. 1659 (2013).
Koh, H. (2003). Foreward: On American Exceptionalism. Stanford Law Review, 55, 14791527.
LaGrand (Germany v. United States of America), International Court of Justice (1999).
Laos Labor Law No. 43/NA (2013).

LEAP. (2013). Law Enforcement Against Prohibition. Retrieved from http://www.leap.cc/
Lin, J., Cai, F., and Li, Z. (2008). The China Miracle: Development Strategy and Economic
Reform (3rd ed.). Hong Kong: The Chinese University Press.
LOC (2013). Laws criminalizing apostasy. Retrieved from
http://www.loc.gov/law/help/apostasy/
Malaysia Act 234, Dangerous Drugs Act (1980).
Malaysian Penal Code (1997).
Malaysian Syariah Criminal Offenses Act (1997).
Malinosky-Rummell, R., and Hansen, D. (1999). Long-term Consequences of Childhood
Physical Abuse. Psychological Bulletin, 114(1), 68-79.
Mapp, S. (2007). Human Rights and Social Justice in a Global Perspective. New York, NY,
USA: Oxford University Press.
Marmor, A., and Sarch, A. (2012). The Nature of Law. Stanford Encyclopedia of Philosophy.
Retrieved from http://plato.stanford.edu/entries/lawphil-nature/
McGann, N. (2013). The Opening of the Burmese Border: Impacts on Migration. Migration
Information Source. Retrieved from http://www.migrationpolicy.org/article/openingburmese-borders-impacts-migration
McDonald, H. (2013). It is time to end the war on drugs, says top UK police chief. The
Guardian. Retrieved from http://www.theguardian.com/society/2013/sep/28/time-endwar-drugs-uk-police-chief
McDonalds (2013). Menu. Retrieved from http://www.mcdonalds.com/us/en/food.html
McThai (2013). Extra Value Meals. Retrieved from
http://www.mcthai.co.th/menuall_content.php?catid=1
Mehta, S. et al. (1998). Adolescents in Changing Times: Issues and Perspectives for
Adolescent Reproductive Health in the ESCAP Region. UNESCAP. Retrieved from
http://www.unescap.org/esid/psis/population/icpd/sec7.asp
Memorandum of Understanding between the Government of the Kingdom of Thailand and
the Government of the Union of Myanmar on Cooperation in the Employment of
Workers (2003).
Morrison, W., and Labonte, M. (2013). China Currency Policy: An Analysis of the Economic
Issues. Congressional Research Service, RS21625. Retrieved from
https://www.fas.org/sgp/crs/row/RS21625.pdf
Munich Pact (1938).
Myanmar Citizenship Law (1982).
Myanmar Directive No. 13/73 of the Myanmar Defence Services and War Office Council
(1974).
Myanmar Military Instruction 1/131/ye 1 (ka) (1997).
Myanmar National Human Rights Commission Law (Draft) (2013).
Myanmar Suppression of Prostitution Act (1949).
Mydans, S. (2003). A Wave of Drug Killings Is Linked to Thai Police. New York Times.
Retrieved from http://www.nytimes.com/2003/04/08/world/a-wave-of-drug-killingsis-linked-to-thai-police.html
Murray v. Charming Betsy, 6 U.S. 64 (1804).
Naeem, Z., Shaukat, F., and Ahmed, Z. (2011). Child labor in relation to poverty.
International Journal of Health and Science, 5(2), 48-49.
Nation, The (2011). Court seizes Bt3.4m from Chuwit over prostitution ring. Retrieved from
http://www.nationmultimedia.com/national/Court-seizes-Bt3-4m-from-Chuwit-overprostitution--30166506.html
OShannassy, T. (2000). Burma's Excluded Majority: Women, Dictatorship and the

Democracy Movement. CIIR Briefing. Retrieved from
http://www.progressio.org.uk/sites/progressio.org.uk/files/Burmas-excluded-majorityPart-1.pdf
OECD (2013). PISA 2012 Results in Focus. Retrieved from
http://www.oecd.org/pisa/keyfindings/pisa-2012-results-overview.pdf
Open Society Foundations (2013). Globalizing Torture: CIA Secret Detention and
Extraordinary Rendition. New York, NY, USA: Open Society Foundations. Retrieved
from https://www.opensocietyfoundations.org/sites/default/files/globalizing-torture20120205.pdf
P21 (2008). 21st Century Skills, Education & Competitiveness. Retrieved from
http://www.p21.org/storage/documents/21st_century_skills_education_and_competiti
veness_guide.pdf
Parham v. J.R., 442 U.S. 584 (1979).
Paxson, C., and Waldfogel, J. (1999). Work, Welfare, and Child Maltreatment. NBER
Working Paper No. 7343. Retrieved from http://www.nber.org/papers/w7343
Pengpid, S., and Peltzer, K. (2013). Prevalence and psychosocial correlates of illicit drug use
among school-going adolescents in Thailand. Journal of Social Science, 34(3), 269275.
Philippines House Bill 681, 15th Congress (2010-2013).
Philippines House Bill 2042, 16th Congress (2013).
Philippines Republic Act No. 9165, Comprehensive Dangerous Drugs Act (2002).
Philippines Revised Penal Code (1930).
Potterton, L. (2009). Fighting malnutrition. IAEA Bulletin, 50-2. Retrieved from
http://www.unscn.org/layout/modules/resources/files/Fighting_Malnutrition.pdf
Powell, A. (2012). Pinker explains The Long Peace. Harvard Gazette. Retrieved from
http://news.harvard.edu/gazette/story/2012/03/pinker-explains-the-long-peace/
Prentice, A. (2013). Russia accuses US of double standards over Syria. Reuters. Retrieved
from http://www.reuters.com/article/us-syria-crisis-russiaidUSBRE91L0BH20130222
Ratarsarn, Y. (2005). Recommendations from children on violence against children. UNICEF.
Retrieved from http://www.unicef.org/eapro/Recommendations_Book.pdf
Reuters (2012). Factbox worlds top 10 rice exporters and importers. Retrieved from
http://in.reuters.com/article/thailand-rice-factbox-idINL4E8IJ0LI20120808
Riegel, J. (2013). Confucius. Stanford Encyclopedia of Philosophy. Retrieved from
http://plato.stanford.edu/entries/confucius/#ConEth
Rigg, J. (2003). Southeast Asia: The Human Landscape of Modernization and Development.
London, UK: Routledge.
Rome Statute of the International Criminal Court (1998).
Roosevelt, E. (1958). In Our Hands. Speech devivered on the tenth anniversary of the
Universal Declaration of Human Rights. Retrieved from
http://www.un.org/en/globalissues/briefingpapers/humanrights/quotes.shtml
Rosales, A. (2011). US Ambassadors Statements on RPs Sex Tourism Have Basis DFA.
Philippines Department of Foreign Affairs. http://www.cfo.gov.ph/index.php?
option=com_content&view=article&id=1510:us-ambassadors-statements-on-rps-sextourism-have-basis-dfa&catid=109:overseas-filipino-new&Itemid=840
Ruangkanchanasetr, S., Plitponkarnpim, A., Hetrakul, P., and Kongsakon, R. (2005). Youth
risk behavior survey: Bangkok, Thailand. Journal of Adolescent Health, 36(6), 22735.
Rushing, R., and Urbina, J. (2005). Fatal Attraction: A Qualitative Study of Western Clients
of Sex Workers in Thailand. Paper presented at Conference Violence: A Game for
Men?
Save the Children (2013). Childrens citizenship a key governance area. Retrieved from
http://resourcecentre.savethechildren.se/child-rights-governance/about-initiative/ourapproach/key-governance-areas/citizenship
Save the Children. (2013a). Food for thought report. Retrieved from
http://www.savethechildren.org.uk/2013-05/food-thought-report
Schiff, M., and Valdes, A. (1990). The link between poverty and malnutrition. World Bank
Working Paper Series, no. WPS536. Retrieved from http://wwwwds.worldbank.org/external/default/WDSContentServer/IW3P/IB/1990/11/01/000009
265_3960930051623/Rendered/PDF/multi0page.pdf
Schneider, F., Buehn, A., and Montenegro, C. (2010). Shadow Economies All over the World.
World Bank. Retrieved from
https://openknowledge.worldbank.org/bitstream/handle/10986/3928/WPS5356.pdf?
sequence=1
Schreiber, P. (2008). Activists combat sex tourism. The University Record Online. Retrieved
from http://ur.umich.edu/0708/Feb11_08/10.shtml
Schuman, M. (2010). Escaping the middle-income trap. Time. Retrieved from
http://business.time.com/2010/08/10/escaping-the-middle-income-trap/
Seneviratne, D., and Sun, Y. (2013). Infrastructure and Income Distribution in ASEAN-5:
What are the Links? IMF Working Paper, WP/13/41. Retrieved from
https://www.imf.org/external/pubs/ft/wp/2013/wp1341.pdf
Shahabudin, S. (n.d.). Strategies of Civil Society to Address AIDS in Asia: Emphasis on the
Sex Sector. Retrieved from
http://www.un.org/womenwatch/daw/csw/hivaids/Shahabudin.html
Sheridan, K. (2013). Iraq Death Toll Reaches 500,000 Since Start of US-Led Invasion, New
Study Says. Huffington Post. Retrieved from
http://www.huffingtonpost.com/2013/10/15/iraq-death-toll_n_4102855.html
Singapore Womens Charter, Chapter 353 (2009).
Single Convention on Narcotic Drugs, 520 U.N.T.S. 151 (1961).
Smart Justice (2013). Smart action for safer communities. Retrieved from
http://www.smartjustice.org.au/
S.S. Lotus (Turkey v. France), P.C.I.J. Ser. A, No. 10, p. 4 (1927).
Susana Siderman de Blake, et al. v. The Republic of Argentina, 965 F.2d 699 (U.S. 9th Circuit,
1992).
Szep, J., and Marshall, A. (2013). Special Report: Thailand secretly supplies Myanmar
refugees to trafficking ring. Reuters. Retrieved from
http://www.reuters.com/article/us-thailand-rohingya-special-reportidUSBRE9B400320131205
Talleyrand, I. (2000). Military Prostitution: How the Authorities Worldwide Aid and Abet
International Trafficking in Women. Syracuse Journal of International and
Comparative Law, 27(151).
Thailand Civil Registration Act (2008).
Thailand Narcotics Act (1979).
Thailand National Human Rights Commission Act (1999).
Thailand Nationality Act (1965, as amended until 2008).
Thailand Prostitution Prevention and Suppression Act (1996).
The Task Force Celebrating Eleanor Roosevelt (2008). Eleanor Roosevelt and the Universal
Declaration of Human Rights. FDR Library. Retrieved from
http://www.fdrlibrary.marist.edu/library/pdfs/udhr_booklet.pdf
Tran, M. (2009). Burma rebels vow to stop using child soldiers. The Guardian. Retrieved
from http://www.theguardian.com/world/2009/jul/07/burma-rebels-child-soldiers-vow
Tumlin, K. (2000). Trafficking in Children and Women: A Regional Overview. Paper
presented at Asian Regional High-level Meeting on Child Labour.
http://www.ilo.org/public/english/region/asro/bangkok/child/trafficking/downloads/ja
karta.pdf
United States Alien Tort Claims Act, 28 U.S.C. 1350 (1789).
United States War Powers Resolution, P.L. 93-148 (1973).
Universal Declaration of Human Rights (1948).
UN (2000). Millennium Development Goals. Retrieved from
http://www.un.org/millenniumgoals/
UN (2003). Population, Education, and Development. New York, NY, USA: UN Department
of Economic and Social Affairs, Population Division. Retrieved from
http://www.un.org/esa/population/publications/concise2003/Concisereport2003.pdf
UN (2003a). Adolescent Substance Use: Risk and Protection. New York, NY, USA: UN.
UN (2006). Rights of the child. General Assembly report A/61/299. Retrieved from
http://www.childrightscoalitionasia.org/wpcontent/uploads/2011/04/SG_violencestudy_en-2.pdf
UN. (2011). Children and armed conflict. A/65/820S/2011/250. Retrieved from
http://unispal.un.org/UNISPAL.NSF/0/70BF34991DA5D6B08525788E004BA583
UNCTAD (2013). UN List of Least Developed Countries. Retrieved from

http://unctad.org/en/Pages/ALDC/Least%20Developed%20Countries/UN-list-ofLeast-Developed-Countries.aspx
UNESCO (1998). Learning to Live Together in Peace and Harmony. Bangkok, Thailand:
UNESCO. Retrieved from
http://unesdoc.unesco.org/images/0011/001143/114357eo.pdf
UNESCO (2004). HIV/AIDS in the GMS. Retrieved from
http://unesdoc.unesco.org/images/0013/001378/137891e.pdf
UNESCO (2012). Review of Polices and Strategies to Implement and Scale Up Sexuality
Education in Asia and the Pacific. Bangkok, Thailand: UNESCO. Retrieved from
http://unesdoc.unesco.org/images/0021/002150/215091e.pdf
UNHCR (1999). Guidelines on Applicable Criteria and Standards relating to the Detention
of Asylum-Seekers. Geneva, Switzerland: UNHCR. Retrieved from
http://www.unhcr.org/4aa7646d9.pdf
UNHCR (2001). Critical Issues: Abuse and Exploitation. Retrieved from
http://www.unhcr.org/3bb81aea4.pdf
UNHCR (2012). Under the Radar and Under-Protected. Geneva, Switzerland: UNHCR.
Retrieved from http://www.unhcr.org/509a6bb79.pdf
UNHCR (2013). Displacement: The New 21st Century Challenge. Geneva, Switzerland:
UNHCR. Retrieved from http://www.unhcr.org/51bacb0f9.html
UNHCR (2013a). Global Appeal: Myanmar. Geneva, Switzerland: UNHCR. Retrieved from
http://www.unhcr.org/528a0a32b.html
UNHCR (2013b). Global Appeal: Thailand. Geneva, Switzerland: UNHCR. Retrieved from
http://www.unhcr.org/51b1d6420.html
UNHCR (2013c). Global Report: Myanmar. Geneva, Switzerland: UNHCR. Retrieved from
http://www.unhcr.org/51b1d641b.html
UNICEF (2005). Regional assessment on violence against children in East Asia and the
Pacific Region. Retrieved from http://www.unicef.org/eapro/activities_3675.html
UNICEF. (2006). A quarter of the worlds children seriously underweight. Retrieved from
http://www.unicef.org/media/media_33724.html
UNICEF (2012). Child maltreatment: prevalence, incidence and consequences in the East
Asia and Pacific region. Retrieved from
http://www.unicef.org/eapro/Child_Maltreatment.pdf
UNICEF (2013). Average annual rate of inflation. UNdata. Retrieved from http://data.un.org/
UNICEF (2013a). State of the Worlds Children. Retrieved from
http://www.unicef.org/sowc2013/statistics.html
UNICEF (2013b). Vietnam Statistics. Retrieved from
http://www.unicef.org/infobycountry/vietnam_statistics.html
UNICEF (n.d.). HIV/AIDS in the region: impacts & risk factors. Retrieved from
http://www.unicef.org/eapro-hivaids/general/situation_impacts.htm
UNODC (2003). Toolkit to Combat Trafficking in Persons. Vienna, Austria: UNODC.
Retrieved from https://www.unodc.org/unodc/en/human-trafficking/2008/electronictoolkit/electronic-toolkit-to-combat-trafficking-in-persons---index.html
UNODC (2011). Estimating Illicit Financial Flows Resulting from Drug Trafficking and
Other Transnational Organized Crimes. Vienna, Austria: UNODC. Retrieved from
https://www.unodc.org/documents/data-andanalysis/Studies/Illicit_financial_flows_2011_web.pdf
UNODC (2013). World Drug Report. Vienna, Austria: UNODC. Retrieved from
http://www.unodc.org/unodc/secured/wdr/wdr2013/World_Drug_Report_2013.pdf
UNTC (2013). Convention on the Rights of the Child Status. Chapter IV, Human Rights.
Retrieved from https://treaties.un.org/Pages/ViewDetails.aspx?
src=IND&mtdsg_no=IV-11&chapter=4&lang=en
UNTERM (2013). United Nations Multilingual Terminology Database. Retrieved from
http://unterm.un.org/
UN News Centre (2013). UN human rights office concerned about Thai Navy defamation
case against reporters. Retrieved from http://www.un.org/apps/news/story.asp?
NewsID=46828#.Vo5soxV97IU
UN Security Council (2013). Report of the Secretary-General on children and armed conflict
in Myanmar. S/2013/258. Retrieved from
http://reliefweb.int/sites/reliefweb.int/files/resources/N1328364.pdf
UN Security Council Resolution 1612 (2005).
Veneziano, L., and Veneziano, C. (1993). Are victimless crimes actually harmful? Journal of
Contemporary Criminal Justice, 9(1), 1-14.
Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 331 (1969).
Vienna Declaration (2010).
Vietnam Labor Code (2012).
Vogl, T. (2012). Education and Health in Developing Economies. NBER Working Paper
Series. Retrieved from http://www.princeton.edu/~tvogl/vogl_ed_health_review.pdf
WEF (2013). Global Competitiveness Report 2013-2014. Geneva, Switzerland: World
Economic Forum. Retrieved from http://www.weforum.org/reports/globalcompetitiveness-report-2013-2014
WHO (2001). Sex Work in Asia. Geneva, Switzerland: WHO. Retrieved from
http://www.who.int/hiv/topics/vct/sw_toolkit/sex_work_asia.pdf
WIPO (2013). WIPO IP Statistics Data Center. Retrieved from
http://ipstats.wipo.int/ipstatv2/index.htm?tab=patent
Wiwa v. Royal Dutch Shell, 226 F.3d 88 (United States Second Circuit, 2000).
World Bank (2013). Country and lending group. Retrieved from
http://data.worldbank.org/about/country-and-lending-groups
World Bank (2013a). Poverty Overview. Retrieved from
http://www.worldbank.org/en/topic/poverty/overview
World Bank (2013b). Poverty & Equity. Retrieved from http://povertydata.worldbank.org/
World Bank (2013c). Development Indicators. Retrieved from
http://data.worldbank.org/indicator
XE (2013). XE Currency Charts (USD/THB). Retrieved from
http://www.xe.com/currencycharts/
Yang, B. (2009). Life and death away from the golden land: the plight of Burmese migrant
workers in Thailand. Thailand Law Journal, 1(12).
Zerk, J. (2013). Corporate liability for gross human rights abuses. Report for the UN High
Commissioner for Human Rights. Retrieved from
http://www.ohchr.org/Documents/Issues/Business/DomesticLawRemedies/StudyDom
esticeLawRemedies.pdf

Children&#39;s Rights in ASEAN

Diunggah oleh

Informasi Dokumen

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Children&#39;s Rights in ASEAN

Diunggah oleh

Hak Cipta:

Format Tersedia

An Independent Analysis of Childrens Rights in ASEAN

Chapter Two: Poverty in ASEAN............................................................................................18

Chapter Three: Child Welfare in ASEAN................................................................................40

Chapter Four: Discussion.........................................................................................................86

Chapter Five: Recommendations and Conclusion...................................................................97

List of Tables and Figures

Figure 15: Thailand Agricultural Employment and Value Added............................................49

Figure 27: Indonesia Mortality by Numbers, 2000-2013.........................................................72

demographics, socioeconomic status, or other attributes. More recently, correlations were

2.1 Human Rights, Jus Cogens, and Customary International Law

dependence on social benefits, flat or decreasing economic competitiveness and productivity,

ASEAN is in a unique position to

(official exchange rate)( priceforeigncur rency)

2013 Toyota Camry

2013 Ford Focus

2013 Chevy Cruze

3.3 Inequality in ASEAN

Figure1: Cambodia Income Distribution by Quintile, 2012

Income share held by fourth

Figure 2: Indonesia Income Distribution by Quintile, 2010

Income share held by fourth

Figure 3: Laos Income Distribution by Quintile, 2012

Figure 4: Malaysia Income Distribution by Quintile, 2009

Income share held by fourth

Income share held by fourth

Figure 5: Philippines Income Distribution by Quintile, 2012

Income share held by fourth 20%

Income share held by highest 20%

Income share held by third 20%

Income share held by second 20%

Figure 6: Thailand Income Distribution by Quintile, 2012

Income share held by fourth

Figure 7: Vietnam Income Distribution by Quintile, 2012

Figure 8: Births per Woman, 2000-2013

Income share held by fourth

Figure 9: Access to Electricity, 2010-2012

recorded in Thailand in 2013. UNHCR (1999) guidelines on asylum-seekers state that as a

World Bank (2013c) Development Indicators show birth

Table 15: Child Labor Rate 2005-2013

Contrast between theory, rhetoric and practice is found in at

Figure 11: Cambodia Agricultural Employment and Value Added

Employment in agriculture (% of total employment)

Figure 12: Indonesia Agricultural Employment and Value Added

Employment in agriculture (% of total employment)

Figure 13: Malaysia Agricultural Employment and Value Added

Employment in agriculture (% of total employment)

Employment in agriculture (% of total employment)

Figure 15: Thailand Agricultural Employment and Value Added

Employment in agriculture (% of total employment)

Figure 16: Vietnam Agricultural Employment and Value Added

Employment in agriculture (% of total employment)

Although prostitution is a profession as old as history, foreign military involvement in

Under Five Anemia

.99526 .000 -15.013

1.01228 .000 -13.699

1.01228 .000 2.7400

1.01228 .000 -19.124

1.01228 .000 -8.1100

High Income 29.35667*

Figure 20: Prevalence of Low Birthweight

Figure 21: % of Children Underweight

Figure 23: Prevalence of Wasting

Access to healthcare is problematic throughout ASEANs poorer countries, with the

Figure 24: Physicians per 1,000 Population, 2011-2013

Children's Rights in ASEAN

Children's Rights in ASEAN