2006 TRAFFICKING IN PERSONS REPORT FOR CAMBODIA

UNCLAS SECTION 01 OF 18 PHNOM PENH 000501

SIPDIS

STATE FOR G/TIP, G, INL, DRL, PRM, IWI, EAP/RSP, EAP/MLS
STATE PLEASE PASS TO USAID/ANE

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM ELAB SMIG KCRM KWMN KFRD CB
SUBJECT: 2006 TRAFFICKING IN PERSONS REPORT FOR CAMBODIA

REFTEL: STATE 3836


1. The following is Embassy Phnom Penh's contribution
towards the preparation of the 2006 Trafficking in Persons
Report for Cambodia, covering the period March 2005 - March

2006. Responses follow the questions outlined in reftel.
The entire report is classified sensitive but unclassified
(SBU).

Overview of the Country's Activities, Statistics
-------------- ---

1A. Is the country a country of origin, transit or
destination for international trafficked men, women, or
children? Specify numbers for each group. Does the
trafficking occur within the country's borders? Does it
occur within territory outside of the government's control
(e.g. in a civil war situation)? Are any estimates or
reliable numbers available as to the extent or magnitude of
the problem? Please include any numbers of victims. What
is (are) the source(s) of available information on
trafficking in persons or what plans are in place (if any)
to undertake documentation of trafficking? How reliable are
the numbers and these sources? Are certain groups of
persons more at risk of being trafficked (e.g. women and
children, boys versus girls, certain ethnic groups,
refugees, etc.)?

Cambodia is a source, destination, and transit country for
trafficking in persons, including men, women and children.
The majority of Cambodian trafficking victims are trafficked
for labor purposes, due to Cambodia's relative poverty and
poor economic conditions compared with its immediate
neighbors; Cambodian women and girls are also trafficked for
sexual exploitation. Cambodians are trafficked primarily
within the Mekong sub-region, particularly to Thailand and
Malaysia. Trafficking also occurs within Cambodia's
borders, from rural areas to Phnom Penh and other secondary
cities within the country.

In Cambodia, commercial sex work goes on in guesthouses,
karaoke clubs, massage shops, beer gardens, restaurants and
nightclubs that provide direct and indirect sex workers.
Barbershops, noodle shops, and other commercial
establishments may also function as venues for commercial
sex operations either on the premises or "on delivery" for
clients. Both TIP victims and voluntary sex workers are
intermingled at such venues. Many ethnic Vietnamese sex
workers in voluntary sex work are or were originally
trafficked to Cambodia through debt bondage. Debt bondage
is also a factor in the recruitment of Cambodian trafficking
victims, who are convinced that they are accepting
legitimate restaurant, factory, or other work opportunities
in Phnom Penh or other cities and then forced into sex work.

There are no firm estimates or reliable numbers available as
to the extent or magnitude of the overall trafficking
problem. Two surveys have attempted to measure the
commercial sex industry in the country: a 1997 report by
the Commission on Human Rights and a 2003 study by a former
Fulbright researcher, Thomas Steinfatt. The 1997 Commission
on Human Rights for the National Assembly included a country-
wide survey of brothels, and estimated that there were
14,725 brothel workers in Cambodia (ignoring other venues)
and that 81 percent of workers were Cambodian and 18 percent
Vietnamese. The study did not attempt to differentiate
between voluntary sex workers and trafficking victims.

Steinfatt's 2003 statistical study on the number of
prostitutes and sex trafficking victims in Cambodia
estimated 18,256 sex workers (all venues) in Cambodia, of
which 65.6 percent were Cambodian and 32.8 percent
Vietnamese. The Steinfatt study estimated that there were
2,000 sex trafficking victims in Cambodia, with 80.4 percent
of the sex trafficking victims being ethnic Vietnamese.
Steinfatt's trafficking estimates have been disputed by some
who believe the actual victim numbers to be higher, although
no separate data exist that accurately quantify sex
trafficking victims.

Limited trafficking statistics are available from RGC border
authorities involved in the repatriation of Cambodians from
neighboring countries. Cambodian authorities, in
cooperation with international organizations such as UNICEF
and IOM, try to distinguish between illegal migrants and

PHNOM PENH 00000501 002 OF 018


trafficking victims, particularly children, and have some
statistical information. Within Cambodia, NGOs that provide
services to victims referred by police, judicial, and social
service officials often are another source of limited
statistical information based on their respective
operations.

There are no studies that suggest minority groups are more
susceptible to trafficking. Some provinces, by virtue of
their proximity to neighboring Thailand or Vietnam, are also
source areas for trafficking victims. In a 2004 survey,
PACT-Cambodia found a correlation between residential
origins of trafficking victims and communities along major
highways.

Thailand is the major destination country for trafficked
Cambodians, but there are no reliable numbers on how many
persons are trafficked to Thailand each year. Cambodian men
are trafficked to work in the Thai fish, construction and
agricultural industries; women and young girls are
trafficked for factory and domestic work, but are also
subject to sexual exploitation in the Thai commercial sex
industry.

Children are not prevented from crossing the Thai border
with strangers or alone, and Cambodians can buy a border
pass to cross the border without needing to show any
identification. Poipet/Aranyaprathet is the primary
Cambodia-Thai border post. Children mainly from Banteay
Meanchey and Battambang provinces in Cambodia's northwestern
region continue to be trafficked to Thailand to beg, sell
candy or flowers, and shine shoes. IOM and UNICEF have
contact with nearly all children repatriated from Thailand
at the Poipet border crossing, and select out the
trafficking victims for special care through IOM's Poipet
Transit Center, which is staffed jointly by IOM and Ministry
of Social Affairs, Veterans and Youth (MOSAVY) staff.
According to UNICEF, in 2005 there were 66 unaccompanied
children deported from Thailand to Cambodia, some of whom
were trafficking victims. According to IOM/MOSAVY, Thai
authorities repatriated 98 women and children who were
identified as TIP victims and deported another 88 alleged
TIP victims during 2005.

Cambodian women continue to be trafficked via
Thailand to Malaysia for commercial sexual exploitation, and
others are trafficked directly to Malaysia for exploitation
as agricultural laborers, domestic help, and sex workers.

Children in three districts of Svay Rieng Province continue
to be trafficked to Ho Chi Minh City in Vietnam for begging.
Cambodian traffickers contract with the children's parents,
with monthly payments ranging from 100,000 riel (25 USD) to
150,000 riel (37 USD) per child. IOM explained that
Cambodian facilitators take three to four children at a time
across the porous, unmonitored border to Vietnam. A single
trafficker may coordinate several facilitators. Border
controls are minimal and the children cross to Vietnam
freely, according to IOM. Cambodian traffickers personally
supervise the children in Vietnam, and reportedly have few
problems with police raids. According to IOM, the number of
those coming from Svay Tiep, one of the three problem
districts, has significantly decreased in 2005, due in part
to the creation of a new industrial park and more local
economic activities. According to MOSAVY, 1,216 people --
mostly child beggars - were returned by Vietnamese
authorities and reintegrated in 2005.

Vietnamese women and children, many in debt bondage,
continue to be trafficked from Ang Giang, Contho, Soc Tzeug
and other provinces in Vietnam to Cambodia for commercial
sex work primarily in Phnom Penh. Information from AFESIP,
CWCC, and UNICEF indicates that Vietnamese women and girls
are trafficked through Cambodia by organized Vietnamese
criminal gangs to onward destinations in Thailand and
Malaysia.

A moratorium since 2002 on international adoption by some
western countries, including the United States, has largely
curbed reports of trafficking of infants for foreign
adoption. Concerns surrounding this type of trafficking led
the RGC to redraft the country's adoption legislation, and a
new law is currently being developed. The Cambodian
government is working with international organizations and
other donors to ensure that international adoptions are

PHNOM PENH 00000501 003 OF 018


conducted properly in the future to diminish the trafficking
of infants for profit.

Changes in Trafficking Patterns; Political Will
-------------- --

1B. Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
report (e.g. changes in direction). Also briefly explain
the political will to address trafficking in persons. Other
items to address may include: What kind of conditions are
the victims trafficked into? Which populations are targeted
by the traffickers? Who are the traffickers? What methods
are used to approach victims? (Are they offered lucrative
jobs, sold by their families, approached by friends of
friends, etc.?) What methods are used to move the victims
(e.g., are false documents being used?)

Cambodia has made important strides in combating trafficking
over the past years. The Ministry of Interior has
implemented a national anti-TIP plan. The RGC is moving
ahead with drafting of a modern anti-trafficking law and has
concluded MOUs on combating trafficking with its two biggest
neighbors. Symbolic of the high level of political will
engaged in the fighting of trafficking was the Cambodian
National Police effort to correct its mistakes in an earlier
brothel raid through the investigation and then successful
raid - leading to four convictions - of the Chhay Hour II
hotel case.

The Cambodian government at its most senior levels supports
greater emphasis on the fight against trafficking in
persons. Prime Minister Hun Sen has spoken out on numerous
occasions against trafficking. On March 5, 2006, he called
for more concerted action from the government and NGOs to
fight human trafficking, and warned against Cambodia being
labeled as a sex tourism destination. While senior
officials recognize that measures undertaken to date are
insufficient to stem TIP within and out of Cambodia, the RGC
recognizes that the problem must be addressed
comprehensively and in accordance with internationally
recognized standards regarding prosecution of traffickers,
protection of victims, and public awareness campaigns and
other programs to prevent people from falling victim to TIP.
The RGC also recognizes that the problem is a regional one,
and involves the cooperation of neighboring countries. The
RGC has cooperated with U.S.-supported and other NGOs
operating in Cambodia on TIP.

The lack of statistical data impedes attempts to
characterize changes in the trafficking climate from one
year to the next. As long as the economies of Cambodia's
neighbors continue to expand, Cambodian labor remains cheap
and jobs inside the country are scare, Cambodians will
continue to migrate out for labor purposes. Some NGOs and
government officials believe the number of trafficking
victims for sexual exploitation has decreased in the past
year due to increased law enforcement efforts to combat
trafficking, greater political attention, and enhanced
cooperation between the government and NGOs. Other sources
suggest that the problem may simply be more dispersed,
better hidden and less obvious than in the past due to RGC
law enforcement efforts.

Due to poverty, lack of jobs, family problems and unequal
access to educational opportunities; women and children,
especially those in rural areas where 80 percent of the
population resides, are the most vulnerable segment of
society to sex trafficking. These victims are particularly
susceptible to the lure of employment, often via the
intercession of relatives, friends, or unknown persons, to
pay off personal or family debts incurred by factors such as
drought or the serious illness of a family member. NGOs
have identified certain risk factors that increase the
probability of a girl being lured into prostitution: an
older sister, relative, or friend already involved in the
commercial sex industry; the parents of the girl have
divorced or separated; one or both of the parents are dead
and the girl is living with relatives or friends; one or
both parents are drug addicts, alcoholics, or gamblers; the
family is desperately poor; the girl has little or no
education; and the girl is of the appropriate age for the
sex industry. NGOs report that domestic violence and rape
are often precursors to trafficking, as girls who are raped
are culturally stigmatized and left with little hope of

PHNOM PENH 00000501 004 OF 018


having a normal life.

Traffickers of Cambodian women and children for sex can be
known or distant acquaintances who promise work in Phnom
Penh, or relatives, boyfriends or husbands that take the
women or underage girls and sell them to a brothel.

Asian men are often prepared to pay a premium to have sex
with virgins, with one NGO reporting that clients will pay
as much as USD 1,000 for three days with a virgin. In one
study, AideTous found that 55 percent of interviewed
prostitutes had sex for the first time with a foreign
client, and two-thirds were between the ages of 13-18 when
they lost their virginity to a client.

When Cambodians are moved abroad, they often are brought
through the porous borders with Thailand or Vietnam without
documentation. Some women are reportedly trafficked to
Thailand for sex by boat from the Cambodian province of Koh
Kong. In cases of human trafficking to Malaysia, women are
reportedly entering the country with valid Cambodian
passports, with allegations of complicity on the part of
Thai and Malay border and immigration officials.

When victims are trafficked out of Cambodia, NGOs claim that
trafficking networks are involved. The Vietnamese, Thai and
Chinese-Malays are alleged to have regional networks that
traffic drugs, guns, women and children to regional markets
such as Thailand and Malaysia.

In October 2004, the Cambodian Minister of Social Affairs,
Ith Sam Heng, signed a memorandum on regional TIP under the
Coordinated Mekong Inter-Ministerial Initiative on
Trafficking process (COMMIT). The COMMIT process required
Cambodia and other signatories to develop detailed sub-
regional plans of action and take a regional approach to
combating TIP. In October 2005, the Minister of Women's
Affairs, Ing Kantha Phavi, signed a Memorandum of
Understanding with Vietnam to eliminate trafficking in women
and children and assist victims of trafficking.

Numerous government ministries in 2005 continued to
cooperate closely with international organizations and NGOs
on a variety of projects focused on prevention, protection
and prosecution. The RGC, often in cooperation with these
same organizations, played an active role in local and
international fora on trafficking-related issues.

The Ministry of Justice, with the assistance of the Japanese
Institute for Legal Development, has drafted a new Anti-
Trafficking Law consisting of nine chapters and 52 articles.
The draft law has been modeled on other countries' anti-
trafficking legislation, as well as the international
conventions and treaties to which Cambodia is a signatory.
The law is undergoing final review at the Ministry of
Justice before moving to the Council of Ministers for final
approval, after which it will be sent to the National
Assembly for passage. The new law will give police,
prosecutors, and judges a wider array of legal authority to
address TIP than currently exists under Cambodian law.

The Ministry of Interior has implemented a nationwide anti-
trafficking plan. Police in each province have been
identified as responsible for TIP and the Deputy Prime
Minister/Minister of Interior called all TIP police,
governors, and provincial police commissioners to the
capital to brief them on TIP issues.

Effective implementation will require comprehensive training
of judges, prosecutors, and police in the provisions of the
new law. In addition to the anti-trafficking legislation,
the Government of Japan has also worked with the MOJ to
develop a revised comprehensive civil and penal codes, some
of whose articles are relevant to prosecuting traffickers.
The draft codes are also in the final stages of review
before being submitted to the government for approval.

Government Resource Limitations, Corruption
--------------

1C. What are the limitations of the government's ability to
address this problem in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the
resources to aid victims?

PHNOM PENH 00000501 005 OF 018



The Cambodian government is severely limited in its ability
to effectively combat trafficking. In general, Cambodian
government institutions remain very weak as a result of 25
years of civil war and genocide. The lack of resources is
acute; training and funding for law enforcement and courts
are wholly inadequate; corruption is a major problem; and
the overall level of human resources - trained and competent
people - is still greatly affected by the legacy of decades
of civil war. Government resources for victim assistance
are virtually non-existent and must be augmented by
assistance from international organizations and foreign and
domestic NGOs. The government has also been slow in
defining custody issues pertaining to victims and witnesses
taken from brothels, as well as the legal authority of NGOs
in the process.

Most observers agree that law enforcement and judicial
prosecution represent government weaknesses in anti-
trafficking efforts. While some NGOs report good
cooperation with government authorities on TIP cases in
Phnom Penh and at the provincial level, there are complaints
regarding police officials at the provincial levels. Some
police and judicial officials involved in corruption have
faced disciplinary action and dismissal during the year.

The Supreme Council of Magistracy has the power to
appoint and remove judges, but does not use this power
except in rare situations, and there is evidence that
disciplinary actions are often politically motivated. The
SCM also does not have investigative resources to respond to
allegations of corruption. The MOJ rotates judicial
personnel every four years in the hope that the movements
will lessen opportunities for corruption.

Government anti-TIP Monitoring Efforts
--------------

1D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts -
prosecution, prevention and victim protection) and
periodically make available, publicly or privately and
directly or through regional/international organizations,
its assessments of these anti-trafficking efforts?

The Ministry of Social Affairs, Veterans, and Youth
Rehabilitation (MOSAVY) has a database to keep track of
repatriated victims and the Ministry of Interior has a
database to track police intelligence, investigations, and
arrests of sex crime offenders. The Ministry of Justice,
with assistance from Asia Regional Cooperation to Prevent
People Trafficking (ARCPPT),started collecting information
in late 2004 for a database of trafficking court cases,
which was expected to be available in late 2005. The
database is still not operational in 2006, and UNICEF is
taking over the project. Information included in all of
these databases is often not public and is not consolidated
in one location. This role is supposed to be taken over by
the Cambodian National Council for Children, which plans a
database that will include secondary data from other
government databases and NGOs, but this database is not
expected to be up and running until the end of 2006. At
present, the Cambodian government does not issue assessments
of its efforts to combat human trafficking.

Child Brides
--------------

1E. Does the practice of buying or selling child brides
(brides under the age of 18 years) occur in the country? If
so, describe. Do men of the country travel abroad to
purchase child brides? If so, describe.

The legal age for a female to marry is 18, unless her
parents give special permission. Buying or selling child
brides is not a practice in Cambodia, and Cambodian men do
not travel abroad to purchase child brides. There are
reports of Cambodian women being trafficked for marriage to
Chinese or Taiwanese men.

Government Acknowledgment of TIP
--------------

2A. Does the government acknowledge that trafficking is a
problem in that country? If not, why not?

PHNOM PENH 00000501 006 OF 018



The Cambodian government openly acknowledges that
trafficking is a serious problem, particularly the sex trade
involving women and children. As noted earlier, the Prime
Minister in March 2006 spoke out against TIP and called for
greater government efforts to combat the problem.

In February 2006, an interministerial delegation of
Cambodian government officials, headed by Minister of
Women's Affairs visited Washington to outline government
responses to TIP issues and request further support from the
USG in addressing the trafficking problem in Cambodia.

Government Agency Involvement in anti-TIP Efforts
-------------- --------------

2B. Which government agencies are involved in anti-
trafficking efforts and which agency, if any, has the lead?

Several ministries and agencies in the Cambodian government
have responsibility for combating trafficking in persons,
including: the Ministry of Social Affairs, Veterans, and
Youth Rehabilitation; the Ministry of Labor and Vocational
Training, the Ministry of Interior (which oversees the
National Police); the Ministry of Women's Affairs; the
Ministry of Justice; the Ministry of Tourism; the Ministry
of Information; the Ministry of Foreign Affairs and
International Cooperation; and the inter-ministerial
Cambodian National Council for Children, which has a Sub-
Commission on Trafficking and Sexual Exploitation of
Children.

Government-run anti-TIP Information/Education Campaigns
-------------- --------------

2C. Are there or have there been government-run anti-
trafficking information or education campaigns? If so,
briefly describe the campaign(s),including their objectives
and effectiveness. Do these campaigns target potential
trafficking victims and/or the demand for trafficking (e.g.
"clients" of prostitutes or beneficiaries of forced labor).

Working with NGOs, the Cambodian government implemented a
national campaign to raise public awareness regarding the
dangers of human trafficking through posters, television and
radio campaigns, and the use of traditional Cambodian
theater. With USAID funding, IOM is assisting the MOWA in
expanding a nationwide information campaign begun in
September 2002 to cover all 18 Cambodian provinces. The
information campaign includes district-level meetings with
high-level government officials, videos or theater (often
attended by thousands of rural Cambodians),and question-and-
answer sessions and distribution of educational materials.

In April 2005, IOM and the MOWA collaborated on an
information campaign designed to target local leaders
(village chiefs, local authorities),who were selected and
trained to disseminate information related to human
trafficking and labor migration. IOM's impact assessment
report showed that the campaign increased public awareness
about the dangers of trafficking and available options
should people find that they are trafficking victims.

The Ministry of Social Affairs, Veterans, and Youth
Rehabilitation has worked closely with UNICEF and local NGOs
to set up community-based networks aimed at conducting early
intervention programs in Prey Veng and Svay Rieng provinces.
Community volunteers are recruited to help identify children
at risk and bring their cases to the commune level for local
protection. More difficult cases are forwarded to the
district level.

During 2005, the Ministry of Interior's anti-TIP police
visited numerous schools in Phnom Penh and conducted
intervention programs to teach students about the risks of
trafficking and their rights under the law. During 2005,
the program reached 12 schools and approximately 1,800
students. During the first two months of 2006, the anti-TIP
Department conducted the same program in 12 schools in Siem
Reap province, educating approximately 1,400 students.

The Ministry of Tourism, in collaboration with World Vision,
has produced pamphlets and advertisements for tourist
brochures and maps that warn tourists of the penalties for
engaging in child sex. In the past, the Ministry conducted

PHNOM PENH 00000501 007 OF 018


workshops for child vendors in the tourist centers of Siem
Reap and Sihanoukville to warn them of the dangers of sexual
exploitation by tourists. The MOT also provided workshops
to hospitality industry owners and staff on how to identify
and intervene in cases of trafficking or sexual exploitation
of children. Some of the more active organizations involved
in general public awareness campaigns regarding trafficking
have been UNICEF, IOM, and the Women's Media Center.

Other Government-Supported Prevention Programs
-------------- -

2D. Does the government support other programs to prevent
trafficking? (e.g., to promote women's participation in
economic decision-making or efforts to keep children in
school.) Please explain.

The government, working closely with NGOs and international
organizations, continues to be engaged in a broad effort to
devote more resources to women's and children's issues.
Areas being addressed include domestic violence, gender and
human rights, improved and more accessible education for
girls, preventative health care, improved nutrition, more
effective treatment for communicable disease, and improved
access to family planning services and information. The
Ministry of Women's Affairs in cooperation with NGOs and
donors, has developed its own strategic plan of action to
address trafficking and women's empowerment issues in
Cambodia.

In September 2005, the National Assembly passed a new
domestic violence law. The law criminalizes domestic
violence, seeks recourse to protect victims, and authorizes
authorities and neighbors to intervene.

ILO/IPEC has, in close cooperation with selected provinces,
identified pilot areas to test income generation projects as
a strategy to combat trafficking for labor migration. World
Education has identified similar pilot projects to focus on
improving the socio-economic opportunities for girls to
prevent their being trafficked.

PACT-Cambodia has begun a three-year program for women's
empowerment through micro-enterprise development. Supported
by the State Department's Women's Issues Fund, this program
will focus on rural literacy and math skills among
populations identified in a 2004 study as being most at risk
for trafficking. The second year of the program will
establish village-led savings and investment programs for
women.

Government Support for Prevention Programs
--------------

2E. Is the government able to support prevention programs?

Because of severe resource constraints, the Cambodian
government depends heavily on assistance from international
organizations, bilateral donors, and foreign and domestic
NGOs to carry out prevention programs in Cambodia. This
situation is likely to continue into the foreseeable future.

Government/IO/NGO/Civil Society Relations
--------------

2F. What is the relationship between the government and
officials, NGOs, other relevant organizations and other
elements of civil society on the trafficking issue?

There is good cooperation among the Cambodian government,
international organizations and NGOs, the donors, and
foreign and domestic NGOs on the trafficking issue. Through
training seminars, workshops and other programs, including
awareness campaigns and treatment and rehabilitation of
victims, there is enhanced cooperation between all parties
on the trafficking. Many NGOs refer the clients they have
rehabilitated to MOSAVY to help trace family members and for
reintegration follow-up. NGOs refer cases of disappearance,
suspected trafficking or abuse to the Ministry of Interior's
hotline or to a hotline managed by the Ministry of Social
Affairs, Veterans and Youth Rehabilitation. NGOs and donors
are regularly consulted in the drafting of new laws or
regulations.

However, there continue to be NGO concerns over the

PHNOM PENH 00000501 008 OF 018


Cambodian government's generally poor record in reducing
corruption and improving governance, and these concerns are
also expressed with respect to trafficking. The NGO
statement in February 2006 to the Consultative Group of
Donors alleged that Cambodian government officials, police
and military are involved in human trafficking networks, but
provided no evidence or details to support their claims. In
response, the Minister of Women's Affairs as well as
officials from the MOI and MOJ urged NGOs involved in anti-
trafficking efforts to provide corruption-related
information to the government or to the attention of
international organizations and members of the donor
community so that appropriate action may be taken.

Government Border Monitoring
--------------

2G. Does the government adequately monitor its borders?
Does it monitor immigration and emigration patterns for
evidence of trafficking? Do law enforcement agencies screen
for potential trafficking victims along borders?

The Cambodian government's ability to monitor land borders
with Vietnam, Laos and Thailand, as well as its coastline,
continues to be marginal. Because of its limited resources,
the government does not have the ability to screen for
potential trafficking along the borders.

In 2003, the RGC set up a computerized immigration system in
its national airport. Australia has worked with the
Immigration Department of the Ministry of Interior to
install similar systems at land border crossings, with an
emphasis on deterring corruption, visa fraud, people
smuggling, transnational crime and pedophilia.

Government Coordination on TIP Issues
--------------

2H. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a multi-
agency working group or a task force? Does the government
have a trafficking in persons working group or single point
of contact? Does the government have a public corruption
task force?

Several multi-agency working groups and task forces have
been established for the purpose of coordinating, in concert
with international organizations and civil society groups,
various initiatives to address the issue of human
trafficking. As part of the UN's Interagency Project on
Trafficking in Women and Children in the Mekong Sub-Region
(Cambodia, China, Laos, Burma, Thailand, and Vietnam),the
Ministry of Women's Affairs chairs the project's
Coordination Committee in Cambodia. In order to support
Cambodia's MOU commitments under the regional COMMIT
process, an interagency working group also headed by the
MOWA continues to meet regularly and work on the sub-
regional action plan for Cambodia.

An anti-corruption unit was established in 1999 under the
Council of Minister as part of the government's legal reform
agenda, but is now largely defunct. Donor countries have
continued to press the government on anti-corruption efforts
and the passage of an anti-corruption law that is consistent
with international standards. The draft law remains
inadequate and donors have requested the government to amend
the law by summer 2006. Donors have also pushed for the
establishment of an independent anti-corruption commission.

National Plan of Action for TIP
--------------

2J. Does the government have a national plan of action to
address trafficking in persons? If so, which agencies were
involved in developing it? Were NGOs consulted in the
process? What steps has the government taken to disseminate
this action plan?

With the assistance of UNICEF, the Cambodian government is
currently in the process of creating the second five-year
national plan of action. The new plan will harmonize
Cambodia's ongoing activities with the responsibilities
Cambodia assumed under the COMMIT MOU of October 2004. The
new plan was developed and finalized in 2005, and is

PHNOM PENH 00000501 009 OF 018


expected to be approved by the Council of Ministers by the
end of 2006.

The Cambodian government in 1999 established an inter-
ministerial body known as the Cambodian National Council for
Children (CNCC) to address child labor and other related
issues; in July 1999, the CNCC developed in cooperation with
its member Ministries and international and national
organizations, the first national five-year
Plan against Trafficking and Sexual Exploitation of Children
(2000-2004),which delineates the responsibilities of
nineteen ministries and provincial governments.

The Ministry of Social Affairs, Veterans and Youth
Rehabilitation has developed a three-year National Action
Plan for the implementation of Cambodian-Thai MOU under
COMMIT in October 2005.

The Ministry of Interior in July 2005 also developed an
action plan to combat human trafficking and exploitation of
women and children. The MOI's anti-TIP Department started
the implementation of the action plan by disseminating the
content to local authorities through out the countries. The
Deputy Prime Minister/Minister of the Interior called in to
Phnom Penh all governors, provincial police chiefs and other
TIP police to brief them on the plan.

Investigation and Prosecution of Traffickers
--------------

3A. Does the country have a law specifically prohibiting
trafficking in persons - both trafficking for sexual
exploitation and trafficking for non-sexual purposes (e.g.
forced labor)? If so, what is the law? Does the law(s)
cover both internal and external (transnational) forms of
trafficking? If not, under what other laws can traffickers
be prosecuted? For example, are there laws against slavery
or the exploitation of prostitution by means of coercion or
fraud? Are these other laws being used in trafficking
cases? Are these laws, taken together, adequate to cover
the full scope of trafficking in persons? Please provide a
full inventory of trafficking laws, including civil
penalties, (e.g., civil forfeiture laws and laws against
illegal debt).

The most recent legislation relevant to TIP is the January
1996 Law on the Suppression of the Kidnapping, Trafficking
and Exploitation of Humans. Other relevant laws pertain to
the protection of women and children, and the Labor Law,
which prohibits debt labor, slavery, and the labor of minors
(under 15 years) - the latter situation is illegal but has
no penalty under the law. The Labor Law also prohibits the
hiring of someone to pay off debt.

According to NGO and government reports, although the Law
on the Suppression of the Kidnapping, Trafficking and
Exploitation of Humans is considered a valuable legislative
instrument regarding sex trafficking, there are many
weaknesses in its implementation and interpretation. The
law lacks detail and contains unclear clauses that make
enforcement difficult. Corruption and a lack of training,
supervision, and resources have also led to major flaws in
the implementation and effectiveness of the law.

Cambodia's labor laws make child labor under the age of 15
illegal, but confusion regarding the issue of parental
consent and the lack of specific penalties for child labor,
have prevented successful prosecutions of child labor
traffickers in Cambodia.

The Ministry of Justice, with the assistance of the Japanese
Institute for Legal Development, has drafted a new Anti-
Trafficking Law that is now at the Ministry of Justice for
final review before being resubmitted to the Council of
Minister. With the recommendations from civil society and
the Ministry of Women's Affairs, the law has undergone
substantial amendment. Effective implementation will
require comprehensive training of judges, prosecutors, and
police in the provisions of the new law. The Australian
Government, through AUSAID, plans to provide training
through its Asia Regional Cooperation to Prevent People
Trafficking Project (ARCPPT).

Penalties for Sexual and Labor Exploitation
--------------

PHNOM PENH 00000501 010 OF 018



3B. What are the penalties for traffickers of people for
sexual exploitation? For traffickers of people for labor
exploitation?

The Law on the Suppression of the Kidnapping, Trafficking
and Exploitation of Humans includes a jail sentence of
15 to 20 years for any person convicted of sex trafficking
persons under 15 years of age; the penalty is from 10 to
15 years for sex trafficking of persons over the age of 15.
This law allows for the prosecution of traffickers as well
as other exploiters, such as facilitators, pimps, and
brothel owners.

According to Article 368 of the Labor Law, employers who
employ children less than 18 years of age are liable to a
fine of 31-60 days of the base daily wage. For the hiring
of someone to pay off debt, the penalty is a fine of 61-90
days of the base daily wage. However, there are no cases of
these laws being used to prosecute traffickers of children
under the Labor Law, and lawyers have claimed it is not
feasible to prosecute traffickers under this law.

Penalties for Rape or Forcible Sexual Assault
--------------

3C. What are the penalties for rape or forcible sexual
assault? How do they compare to the penalty for sex
trafficking?

Rape is a criminal offense, and punishable by a 5-10 year
prison sentence, according to Article 33 of the UNTAC Law.
Although Cambodia's penal code provides penalties for rape,
convictions are often not rendered due to the weak judicial
system. The penalty of sex trafficking of children under
the age for 15 is punishable by between 15 to 20 years in
prison; and for persons over the age of 15, the penalty is
10 to 15 years in prison.

Prostitution: Legalized or Decriminalized
--------------

3D. Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these law enforced? If prostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in many countries with federalist systems,
prostitution laws may be covered by state, local, and
provincial authorities.

Prostitution in Cambodia has not been legalized, but the
activities of prostitutes are not criminalized. The 1996
Law on the Suppression of the Kidnapping, Trafficking and
Exploitation of Humans permits prosecution of exploiters of
persons for sex work, such as facilitators, pimps, human
traffickers, and brothel owners. Prostitutes may not be
prosecuted for engaging in voluntary sex work. As applied
to traffickers and other exploiters of persons for the sex
trade, these laws are being enforced. Under Cambodian law,
the legal age of consent to sexual activity is 15, which is
why penalties for offenses differ depending on the age of
the victim.

Government Prosecution of Traffickers
--------------

3E. Has the Government prosecuted any cases against
traffickers? If so, provide the numbers of investigations,
prosecutions, convictions, and sentences, including details
on plea-bargaining and fines, if relevant and available.
Are the traffickers serving the time sentenced: If no, why
not? Please indicate whether the government can provide
this information, and if not, why not?

From 1996-1999, the Cambodian government arrested 342
offenders of sexual exploitation and trafficking. From 2000-
2004, the government's arrest record increased to 1,009
offenders, due to the formation on May 13, 2002 of the
Ministry of Interior's Anti-Trafficking Unit. The Unit
consists of seven bureaus in major provinces and urban
areas, as well as a section within the police departments of
other provinces.


PHNOM PENH 00000501 011 OF 018


The Ministry of Interior Department of Anti-Trafficking and
Juvenile Protection reported 84 cases of human trafficking,
involving 117 perpetrators in 2005. Seven foreigners were
arrested for debauchery during the year. During the first
two months of 2006, two foreigners were arrested, one of
whom is an American citizen. A French national who was
arrested for debauchery in 2003 was sentenced to 15 years
imprisonment by a Phnom Penh court in 2005. Traffickers
generally serve the time sentenced.

Additional statistics obtained from the LEASEC project
within the Ministry of Interior indicate that in 2005 there
were 73 offenders arrested for human trafficking offenses;
in 2004 there were 33 arrests.

Statistics from the Ministry of Justice indicate that the
courts in three provinces and municipalities have worked on
58 cases of human trafficking (including cases left over
from 2004),leading to the successful prosecution of 13
cases. The Ministry of Justice is in the process of
collecting statistics from other provincial and municipal
courts, but data collection is hampered by a lack of human
resources and means for transferring case files from the
provinces to Phnom Penh. The ARCPPT-supported database on
trafficking court cases expected to be operational in late
2005 experienced technical problems and its deployment has
been delayed. UNICEF has taken over the project and is
redeveloping the database.

The most significant trafficking prosecution within the
reporting period for 2005 was that of Chhay Hour II, based
on the second investigation of the hotel and subsequent raid
on September 7, 2005, that led to the arrest of six persons.
Three minors were identified in the second raid. On
February 17, 2006, the Phnom Penh Municipal Court sentenced
two women to ten years for human trafficking and two
managers of Chhay Hour II Hotel to four years each for
colluding in and providing a venue for human trafficking.

Who are the Traffickers?
--------------

3F. Is there any information or reports of who is behind
the trafficking? For example, are the traffickers freelance
operators, small crime groups, and/or large international
organized crime syndicates? Are employment, travel and
tourism agencies or marriage brokers fronting for
traffickers or crime groups to traffic individuals? Are
government official involved? Are there any reports of
where profits from trafficking in persons are being
channeled? (e.g. armed groups, terrorist organizations,
judges, banks, etc.)

Reliable information regarding traffickers is difficult to
obtain and substantiate. Children trafficked to Thailand
for begging are generally recruited by neighbors who then
provide the children to Thai traffickers after they have
crossed the border. Children trafficked to Vietnam to beg
most often stay with their Cambodian trafficker (often
someone from their village) while in Vietnam before being
returned to their parents at the end of the contract.

In Cambodia, interviews with rescued victims suggest that
the trafficking system is not highly organized and many
victims know those involved in trafficking. According to
the International Justice Mission, two-thirds of the
traffickers are women operating small-scale brothel
businesses (between five-ten women).

Traffickers bringing Vietnamese girls for the sex trade in
Cambodia or transiting for onward trafficking to a
neighboring country appear to have more sophisticated
networks. NGOs that interview rescued trafficked victims
report that the trafficking of Vietnamese women to Cambodia
and Thailand is more organized and involves Vietnamese
criminal gangs. Cambodians trafficked for sex to Thailand
are often sold by brothel owners after first having been
trafficked internally in Cambodia. There are a growing
number of cases of Cambodian women being trafficked for sex
to Malaysia via Thailand, but the police have only
apprehended individual traffickers who are not part of a
larger organization. NGOs, however, claim that victims'
interviews suggest that Vietnamese gangs and Chinese-Malay
criminal groups are involved in the trafficking.


PHNOM PENH 00000501 012 OF 018


In general, trafficking of Cambodian women for sex within
Cambodia also is informally organized, with traffickers
often convincing girls to go with them to Phnom Penh for
legitimate employment. In other cases, friends, boyfriends,
or relatives may engage in trafficking/selling of a woman to
a brothel. While there are numerous venues in Phnom Penh
where there are suspected TIP victims, there is no evidence
to indicate that girls were procured through a single
trafficking network. The role of organized trafficking in
Cambodia remains unclear, and prosecutions have focused on
single individuals.

Govrnment Investigations of Trafficking Cases
-------------- -

3G. Does the government actively investigate cases of
trafficking? (Again, the focus should be on trafficking
cases versus migrant smuggling cases.) Does the government
use active investigative techniques in trafficking in
persons investigations? To the extent possible under
domestic law, are techniques such as electronic
surveillance, undercover operations, and mitigated
punishment or immunity for cooperating suspects used by the
government? Does the criminal procedure code or other laws
prohibit the police from engaging in covert operations?

Police raids on brothels are common, and Cambodian law
enforcement officials often work in concert with civil
society to rescue people at risk. Under the LEASEC project,
a group of four international NGOs/IOs has supported the
Ministry of Interior in developing special Anti-Trafficking
and Juvenile Protection police units, and set up a hot line
against child sexual
exploitation that also handles trafficking cases.

The International Justice Mission (IJM) has provided
training sessions to the police in Phnom Penh, and conducted
undercover operations to obtain evidence for successful
prosecutions of traffickers. IJM searches brothels for
underage girls and trafficking victims, cooperates with
police to conducts raids and removes the victims. The
Cambodian police have also worked closely with the U.S.
Bureau of Immigration and Customs Enforcement (ICE) in
investigating pedophilia cases for prosecution in the United
States under the PROTECT Act.

Cambodia generally lacks the training and other resources to
use electronic surveillance or sophisticated equipment to
investigate cases, as well as the planning skills needed to
conduct comprehensive undercover investigations.

Government-Sponsored Anti-Trafficking Training
-------------- -

3H. Does the government provide any specialized training
for government officials in how to recognize, investigate,
and prosecute instances of trafficking?

The government, in cooperation with national and
international organizations and businesses such as IJM,
LEASEC, ARCPPT and Microsoft, conducted training for police
officers on investigation techniques, surveillance, case
preparation and management of trafficking cases. So far, a
total 4,655 police officers have attended specialized
training courses, workshops and conferences, and meetings on
human trafficking and law enforcement.

UNICEF has supported the Cambodian Bar Association in the
past to train lawyers of the Legal Aid Department in
children's rights and to build their capacity in
representing children. The government relies heavily on
training assistance from foreign governments, international
organizations and NGOs. Cambodian law enforcement officials
have participated in training at the International Law
Enforcement Academy (ILEA) in Bangkok, but Congressional
restrictions prevent training on issues, including human
trafficking, for Cambodian officials above a certain level
in the government.

Government-to-Government TIP Cooperation
--------------

3I. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, can post provide the number of cooperative

PHNOM PENH 00000501 013 OF 018


international investigations on trafficking?

The government continues to cooperate willingly with U.S.
law enforcement officials on trafficking issues and other
criminal cases, and also cooperates with other countries.
The United States and a number of other countries have laws
to prosecute their nationals who travel abroad to sexually
exploit children. The Cambodian government has cooperated
with the U.S. in ten PROTECT ACT cases, and numerous cases
involving other nationals. The first three successful
prosecutions worldwide under the PROTECT ACT were achieved
with the cooperation of RGC authorities. A total of seven
foreign nationals were arrested for debauchery in 2005 and
two additional suspects detained in the first two months of

2006.

The governments of Cambodia and Thailand signed a Memorandum
of Understanding on Bilateral Cooperation for Eliminating
Trafficking in Children and Women and Assisting Victims of
Trafficking on May 31, 2003. The MOU requires the two
governments to cooperate with each other to investigate and
uncover domestic and cross-border trafficking of children
and women, to conduct repatriation through diplomatic
channels, and to promote bilateral cooperation in the
judicial procedures against trafficking. In October 2005,
Cambodia and Vietnam signed a similar MOU on trafficking.
The Cambodian Police and Ministry of Justice cooperate with
the Malaysian police on cross-border TIP cases, but the
process is still in its infancy. According to LEASEC, The
Cambodian government has made the Malaysian government aware
of TIP cases involving Cambodian nationals in Malaysia since
early 2002. Cambodia is now negotiating a similar MOU with
Malaysia.

During the Vietnamese PM's March 2006 visit to Cambodia,
Vietnamese and Cambodian officials discussed cross-border
trafficking cases concerning Cambodian child beggers in
Vietnam.

Extradition
--------------

3J. Does the government extradite persons who are charged
with trafficking in other countries? If so, can post
provide the number of traffickers extradited? Does the
government extradite its own nationals charged with such
offenses? If not, is the government prohibited by law from
extraditing its own nationals? If so, what is the
government doing to modify its laws to permit extradition of
its own nationals?

The governments of Cambodia and Thailand reached agreement
on an extradition treaty in Bangkok in May 1998. The
Cambodian National Assembly ratified the treaty in September
1999 and its Thai counterpart in December 2000;
representatives of the two countries signed the implementing
protocol in March 2001 in Phnom Penh, and the treaty came
into force in April 2001. The bilateral treaty
with Thailand provides a basis for future cooperation to
address trafficking issues. In March 2005, a Cambodian
women was sentenced to 85 years by a court in Thailand for
trafficking eight underage Cambodian girls to Thailand for
sexual exploitation. The sentenced was reduced to 50 years,
after the woman pleaded guilty. The case was hailed as a
breakthrough in bilateral cooperation between Thailand and
Cambodia that led to successful prosecution of a Cambodian
trafficker. The Cambodian government continues to cooperate
with foreign governments to expel persons charged with
pedophilia for acts committed in Cambodia so that they can
be prosecuted in their countries of citizenship.

As per above, despite the lack of a bilateral extradition
treaty, Cambodia has cooperated to render into U.S. custody
numerous American accused of being child sex offenders.

Government Involvement in Trafficking
--------------

3K. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

The Cambodian government as an institution does not tolerate
human trafficking. Because corruption is pervasive in
Cambodia, it is widely believed that some individual

PHNOM PENH 00000501 014 OF 018


Cambodian officials - including police and judicial
officials - are involved in various aspects of human
trafficking, but firm evidence leading to the prosecution of
RGC officials is so far uncommon.

Prosecution of Government Officials for Trafficking
-------------- --------------

3L. If government officials are involved in trafficking,
what steps has the government taken to end such
participation? Have any government officials been prosecuted
for involvement in trafficking or trafficking-related
corruption? Have any been convicted? What actual sentence
was imposed? Please provide specific numbers, if available.

Senior government officials have often stated that official
corruption that aids or abets trafficking or other crimes
will not be tolerated. During the year, several police
officials were apprehended on trafficking-related corruption
charges. Colonel Touch Ngim, former Deputy Director of the
Anti-Human trafficking and Juvenile Protection Department,
and two other officials under his supervision were
disciplined for taking money from karaoke owners in the
raided parlors in Kompong Spue province. Touch Ngim was
arrested and charged by the Phnom Penh court in December
2005, and remains in pretrial detention.

Meng Say, Chief of the Phnom Penh Anti-Trafficking Unit, was
suspended in January 2006 for extorting money from Korean
nationals. Meng Say arrested the Korean nationals who came
to Cambodia to marry Cambodian women in October 2005,
accusing them of human trafficking. He then ordered the men
to pay him 30,000 USD in return for their release from
custody. The men were released after paying more than
10,000 USD; after which, they submitted a complaint to the
Ministry of Interior and to the Prime Minister's office.
Following the issuance of an arrest warrant by the Phnom
Penh Municipal Court, Meng Say disappeared and is presumed
to be in hiding.

Child Sex Tourism Issues
--------------

3M. If the country has an identified child sex tourism
problem (as source or destination),how many foreign
pedophiles has the government prosecuted or
deported/extradited to their country of origin? Do the
country's child sexual abuse laws have extraterritorial
coverage (like the U.S. PROTECT Act)?

Cambodia is identified as a destination point for
pedophiles. In 2005, seven foreign nationals were arrested
and sent to court for sexually abusing Cambodian children.
A French national was convicted during the year to 15 years
for debauchery. To date, four American pedophiles have been
rendered into U.S. custody under the PROTECT Act framework,
and one additional case is pending.

The draft Cambodian anti-trafficking law under consideration
has extraterritorial coverage, allowing for the prosecution
of Cambodian citizens committing similar crimes in another
country, and the prosecution of foreigners committing a
crime involving Cambodian victims in another country.

International Instruments
--------------

3N. Has the government signed, ratified, and/or taken steps
to implement the following international instruments?
Please provide the date of signature/ratification if
appropriate.

--ILO Convention 182 concerning the prohibition and
immediate action for the elimination of worst forms of child
labor: The National Assembly has ratified the new ILO
Convention 182 on the Worst Forms of Child Labor on August
29, 2005.

--ILO Convention 29 and 105 on forced or compulsory labor:
The government ratified the Forced Labor Convention (ILO 29)
on 24 February 1969 and the Abolition of Forced Labor
Convention (ILO 105) on 23 August 1999. It should be noted
the Cambodia is the second nation in Asia after Indonesia to
ratify all seven fundamental conventions of the ILO.


PHNOM PENH 00000501 015 OF 018


--Convention on the Rights of the Child: The Cambodian
government ratified this convention on 15 October 1992.
According to the CNCC, relevant ministries have formulated
internal policies and programs for the implementation of the
convention.

--The Optional Protocol to the Convention on the Rights of
the Child (CRC) on the sale of children, child prostitution,
and child pornography: The Cambodian government ratified
this convention on 30 May 2002.

--The Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children, supplementing the
UN Convention Against Transnational Organized Crime: The
Cambodian government ratified this protocol on 11 November

2001.

Protection and Assistance to Victims
--------------

4A. Does the government assist victims, for example, by
providing temporary to permanent residency status, relief
from deportation, shelter and access to legal, medical and
psychological services? If so, please explain. Does the
country have victim care and victim health care facilities?
If so, can post provide the number of victims placed in
these care facilities? Are trafficking victims offered
HIV/AIDS screening or otherwise tested for HIV/AIDS? If so,
what are the results?

The government's record in assisting victims of trafficking
is reasonably good, in view of its limited resources and
lack of institutional capacity. Victim assistance is
usually conducted by an NGO or international organization,
or combination of the two. MOSAVY operates temporary
shelters for victims of trafficking, rape and domestic
violence in Phnom Penh, but the facility only provides
temporary shelter and basic assistance until victims can be
placed with an NGO-operated shelter and reintegration
program. MOSAVY works closely with AFESIP, IOM, UNICEF,
World Vision and a variety of NGO-managed shelters
throughout the provinces to assist initial reintegration of
victims and follow-up investigations. Cambodian citizens
are technically provided free health care through Cambodia's
national hospitals and clinics, but this does not happen in
practice. Services provided at these facilities are
inadequate in normal circumstances, and non-existent for
victims of trafficking, rape and domestic violence who
require specialized care.

Many NGOs give victims trafficked for sexual exploitation
the opportunity to be tested for HIV/AIDS, but do not
require the victims to be tested. Most NGOs provide basic
counseling to trafficking victims.

When TIP victims are repatriated to Cambodia from Thailand,
an IOM-run Transit Center in Poipet staffed with MOSAVY and
IOM staff conduct preliminary assessments and assist in
tracing family members and reintegrating victims into their
home communities, or placing victims at appropriate NGO
shelters to serve their needs.

For children who cannot be reintegrated into their
communities, the USG supports IOM and other NGOs activities
provide long-term care and reintegration assistance such as
vocational training, job placement, and income generation.

IOM also has cooperated in training Cambodian government
officials from MOSAVY and MOI to repatriate Vietnamese
victims. Ten victims were repatriated under this process in

2005. Since the initiation of this project in June 1999, 59
persons have been repatriated to Vietnam.

Government-Funded Support to NGOs for Victims
--------------

4B. Does the government provide funding or other forms of
support to foreign or domestic NGOs for services to victims?
Please explain.

Because of inadequate resources, the Cambodian government
relies heavily on bilateral donors and multilateral
institutions for approximately 50 percent of its total
annual budget, and has few resources to devote to
trafficking victims. The government relies on foreign and

PHNOM PENH 00000501 016 OF 018


domestic NGOs to provide services to victims of trafficking,
a situation that will likely persist for some time. The RGC
supports Seva Kapia Komar (SKK),a Cambodian NGO with
primary responsibility for placement of TIP victims with
NGOs for additional care and support. On occasion, the RGC
also provides in-kind contributions to partnerships with
NGOs, such as land, office space and staff support.

Screening/Referral Process for Victims
--------------

4C. Is there a screening or referral process in place, when
appropriate, to transfer victims detained, arrested or
placed in protective custody by law enforcement authorities
to NGOs that provide short- or long-term care?

The government-supported SKK receives TIP victims and refers
them to appropriate NGOs. The police often referred victims
directly to NGOs, but SKK's role has been recently
reinforced as the primary clearinghouse for victims. World
Hope International plans to build an assessment center in
Phnom Penh for referral of TIP victims.

Through an IOM project on repatriation and reintegration of
victims, DOSAVY officials and IOM staff screen and
refer victims repatriated from Thailand to appropriate
NGOs. There is no such system for victims returning
from Vietnam. For victims of trafficking outside of Phnom
Penh, local DOSAVY offices screen and place victims with
NGOs.

Rights of Victims
--------------

4D. Are the rights of victims respected, or are victims
also treated as criminals? Are victims detained, jailed, or
deported? If detained or jailed, for how long? Are victims
fined? Are victims prosecuted for violations of other laws,
such as those governing immigration or prostitution?

The rights of victims are respected in practice, and victims
are not treated as criminals. Victims are not detained,
jailed, fined, or deported. Cambodia was widely condemned
in 2002 for mistreatment of victims, but that is no longer
the case.

Victim Participation in Legal Action
--------------

4E. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? May victims
file civil suits or seek legal action against the
traffickers? Does anyone impede the victims' access to such
legal redress? If a victim is a material witness in a court
case against the former employer, is the victim permitted to
obtain other employment or to leave the country? Is there a
victim restitution program?

The anti-TIP police and prosecutors have become more
effective at gaining witness testimony, but credible fears
of retaliation from traffickers still pose major impediments
to witness testimony. The Ministry of Interior's LEASEC
project works with victims to investigate and collect
evidence before referring the cases to government
prosecutors. Victims may file civil suits and seek legal
action against traffickers, and a number of NGOs in the
legal, human rights, and social services areas,
including the Cambodian Defenders Project (CDP),encourage
victims to do so; the NGOs provide or refer victims to legal
services. However, Cambodia's corrupt legal system has been
a serious impediment to the success of cases brought by
individuals.

Government Protection for Victims/Witnesses
--------------

4F. What kind of protection is the government able to
provide for victims and witnesses? Does it provide these
protections in practice? What type of shelter or services
does the government provide? Does it provide shelter or any
other benefits to victims for housing or other resources in
order to aid the victims in rebuilding their lives? Where
are child victims placed (e.g. in shelters, foster-care type
systems or juvenile justice detention centers)?


PHNOM PENH 00000501 017 OF 018


The government has no practical ability to protect witnesses
at this time. NGO shelters represent the safest place for
witnesses during the trial phase of a case against a
trafficker. The government is planning to expand facilities
at the MOI in order to temporarily hold victims and
witnesses. Police have no practical ability to protect
NGOs, victims, or witnesses in high-profile cases. A number
of shelters and foster home program are available for child
victims of trafficking.

Government Training to RGC Officials for Victims
-------------- ---

4G. Does the government provide any specialized training
for government officials in recognizing trafficking and in
the provision of assistance to trafficked victims, including
the special needs of trafficked children? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? Does it urge those
embassies and consulates to develop ongoing relationships
with NGOs that serve trafficked victims?

The LEASEC project has a training component sensitizing
police officials to the special needs surrounding the
trafficking and sexual exploitation of children, including
developing procedures and training police in investigating
cases of sexual exploitation and trafficking in children,
and court procedures.

Embassies and consulates in foreign countries do not receive
training or sensitization related to trafficking and victims
assistance. Cambodian NGOs working with Cambodian
trafficking victims in Malaysia voice frustration over the
RGC officials' indifference toward trafficked victims, as
well as their lack of cooperation. However, there are some
Cambodian officials who are willing to cooperate with the
NGOs and take a more proactive approach to helping Cambodian
victims outside the country.

Government Assistance to Repatriated Nationals
-------------- -

4H. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its repatriated
nationals who are victims of trafficking?

In this area, the government relies heavily on international
organizations, foreign and domestic NGOs, and other
countries, to provide medical aid and shelter to its
repatriated nationals who are the victims of trafficking.
MOSAVY is mandated by the Cambodian government to provide
care and protection to the most vulnerable population in the
country, especially women and children, but in practice
lacks the resources to do so without international or NGO
assistance.

International Organization and NGOs
--------------

4I. Which international organization or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from
local authorities?

Approximately 70 NGOs work on trafficking issues, and of
those, roughly 40 NGOs provide some form of service to
trafficking victims. The services include shelter (which
usually includes food, sleeping accommodations, basic health
care, counseling, literacy, and sometimes vocational
training),legal assistance, drop-in centers, and re-
integration assistance. Cambodian government cooperation
with these NGOs is good.



2. (U) Political Officers Margaret McKean and Kurt
Stoppkotte drafted this submission and estimates that the
drafting of this report required 30 hours of staff time,
including 10 hours of a local FSN political assistant.
Embassy POC for this cable is Section Chief Margaret McKean
(T. 855-023-728-125).

Abbreviations are used in this report:

ADHOC: Association de Defense des Droit de l'Homme (Human

PHNOM PENH 00000501 018 OF 018


Rights Defense Association)
AFESIP: Agir pour les Femmes en Situation Precaire
APLE: Action Pour Les Enfants
ARCPPT: Asia Regional Cooperation to Prevent People
Trafficking
CDP: Cambodian Defender's Project
CNCC: Cambodian National Council for Children
CNCW: Cambodian National Council for Women
COMMIT: Coordinated Mekong Ministerial Initiative against
Trafficking
CWCC: Cambodian Women's Crisis Center
CWDA: Cambodian Women Development Agency
DOSAVY: Department of Social Affairs, Veterans, and Youth
Rehabilitation
IJM: International Justice Mission
ILEA: International Law Enforcement Academy
ILO-IPEC: International Labor Organization-International
Program on the Elimination of Child Labor
IOM: International Organization for Migration
LEASEC: Ministry of Interior Law Enforcement Against Sexual
Exploitation of Children Project
LSCW: Legal Support for Children and Women
MOI: Ministry of Interior
MOJ: Ministry of Justice
MOSAVY: Ministry of Social Affairs, Veterans, and Youth
Rehabilitation
MOLVT: Ministry of Labor and Vocational Training
MOT: Ministry of Tourism
MOWA: Ministry of Women's Affairs
RGC: Royal Government of Cambodia
RSJP: Royal School of Judges and Prosecutors
SKK: Seva Kapiar Komar (Service for Protection of Children)
UNOHCHR: United Nations Office of the HQ Commissioner for
Human Rights
UNDP: United Nations Development Program
UNIAP: United Nations Inter-Agency Project Against
Trafficking of Women and Children in the Mekong Sub-Region
UNICEF: United Nations Children's Fund
UNTAC: United Nations Transitional Authority in Cambodia
USAID: United States Agency for International Development
WMC: Women's Media Center


MUSSOMELI