2007 TRAFFICKING IN PERSONS REPORT FOR CAMBODIA

UNCLAS SECTION 01 OF 07 PHNOM PENH 000351 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 PREF ELAB SMIG KCRM KWMN KFRD ASEC CB SUBJECT: 2007 TRAFFICKING IN PERSONS REPORT FOR CAMBODIA REFTEL: STATE 202745 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. The Ministry of Women's Affairs is currently conducting an information campaign, in conjunction with the German International Aid Agency (GTZ) and the Rockefeller Foundation. The campaign consists of passing out pamphlets about the rights enshrined in the law as well as conducting townhall-style public forums throughout Cambodia where ministry representatives explain the law and answer questions. Government/IO/NGO/Civil Society Relations -------------- 2E. 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. The U.K., Australia and Canada provide funds and program anti-trafficking activities. 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 often consulted in the drafting of new laws or regulations. In late 2006, a World Vision conference with U.S. government-funding brought NGOS, the Ministry of Interior officials and foreign police officers together to discuss best practices in apprehending human traffickers and pedophiles. At the February 2007 Government Donor Coordination Committee meeting, donor nations pressed the Cambodian government to pass the draft anti-TIP law and to ensure more stringent penalties. During fiscal year 2006, the U.S. government provided funding to the Asia Foundation for a Counter-Trafficking-In-Persons (CTIP) program. The project will attempt to improve coordination of NGO and government efforts to eradicate trafficking through better protection, prosecution and prevention. Government Border Monitoring -------------- 2F. Does the government 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. The U.S. and Australian governments have helped the Cambodian government set up computerized immigration systems in its national PHNOM PENH 00000351 002 OF 007 airports in Phnom Penh and Siem Riep as well as the overland border crossings of Poipet and Koh Kong. The British government funded a border security project which provided training to Cambodian immigration authorities; IOM implemented the project that will end in spring 2007. Government Coordination on TIP Issues -------------- 2G. 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. On July 5, 2004, the Cambodian government established a National Task Force to implement the MOU between the governments of Cambodia and Thailand on bilateral cooperation on the elimination of trafficking in women and children and assisting victims of trafficking . On July 14, 2005, the Cambodian COMMIT Task Force on the counter-trafficking in person in the Greater Mekong Sub-region was established. On June 16, 2006, the inter-ministerial working group to implement the agreement between the governments of Cambodia and Vietnam on bilateral cooperation on the elimination of trafficking in women and children and assisting victims of trafficking was established. In November 2006, the Cambodian government, headed by the Ministry of Women's Affairs, agreed to establish a single National Task Force to implement all agreements and MOUs between the Royal Government of Cambodia and other countries on the elimination of trafficking in persons and assisting victims of 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. The government currently does not have an active public corruption task force. National Plan of Action for TIP -------------- 2H. 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, led by the Cambodian National Council for Children (CNCC),is currently in the process of creating a second five-year National Plan of Action. The new plan, meant to cover the period 2006-2010, follows the National Plan developed in 1999. The new plan will harmonize Cambodia's ongoing anti-TIP activities with the responsibilities Cambodia assumed under the COMMIT MOU of October 2004. The new plan was developed and finalized in 2005, with input from NGOs and stakeholders, but is still at the Council of Ministers for final review. Background: 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 worked with international and national organizations to develop the first national five-year Plan against Trafficking and Sexual Exploitation of Children (2000-2004),which delineated the responsibilities of nineteen ministries and provincial governments. 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 implementing the action plan by disseminating the content to local authorities throughout the country. 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. During August 2006, Cambodian police raided nine brothels in Phnom Penh's Tuol Kork area as part of the implementation of this action plan. In October 2005, the Cambodian government, represented by the Minister of Women's Affairs, Ing Kantha Phavi, signed a Memorandum PHNOM PENH 00000351 003 OF 007 of Understanding with Vietnam to eliminate trafficking in women and children and assist victims of trafficking. In October 2004, the Cambodian Minister of Social Affairs, Ith Sam Heng, signed a memorandum on combating TIP regionally under the Coordinated Mekong Inter-Ministerial Initiative on Trafficking process (COMMIT). This memorandum placed Cambodia on a track to developing a National Action Plan and taking a regional approach to combating TIP. The National Action Plan identified priority areas outlined in the sub-regional plan of action which was adopted in Hanoi in 2005; Cambodia has drafted this National Action Plan but it has not yet been finalized. In May 2006, the six governments met in Phnom Penh to review their implementation of the Sub-regional Plan of Action, which was adopted on Hanoi in 2005. Investigation and Prosecution of Traffickers -------------- 3A. Does the country have a law specifically prohibiting trafficking in persons - both for sexual and non-sexual purposes (e.g. forced labor)? If so, please specifically cite the name of the law and its date of enactment. 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 force, fraud or coercion? 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 legislation most relevant to TIP is the Law on the Suppression of the Kidnapping, Trafficking and Exploitation of Humans, which covers both domestic and external (transnational) trafficking happening in Cambodia.. 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. The Law on the Suppression of Kidnapping, Trafficking and Exploitation of Human Beings was enacted February 29, 1996. The Labor Law was enacted March 13, 1997. 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. The new law covers both internal and external trafficking, and has extraterritorial jurisdiction. Effective implementation will require comprehensive training of judges, prosecutors, and police in the provisions of the new law. This will be especially important if penalties under the new law remain as currently drafted: giving significant discretion in sentencing to judges. The Australian Government, through AUSAID, plans to provide training through its Asia Regional Trafficking in Persons Project (ARTIP). Penalties for Sexual and Labor Exploitation -------------- 3B. What are the penalties for trafficking people for sexual 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 PHNOM PENH 00000351 004 OF 007 as other exploiters, such as facilitators, pimps, and brothel owners. 3C. Punishment of labor trafficking offenses: What are the prescribed and imposed penalties for trafficking for labor exploitation such as forced or bonded labor and involuntary servitude? Do the government's laws provide for criminal punishment -- i.e., jail time -- for labor recruiters in labor source countries who engage in recruitment of laborers using knowingly fraudulent or deceptive offers that result in workers being exploited in the destination country? For employers or labor agents in labor destination countries who confiscate workers' passports or travel documents, switch contracts without the worker's consent as a means to keep the worker in a state of service, or withhold payment of salaries as means of keeping the worker in a state of service? If law(s) prescribe criminal punishments for these offenses, what are the actual punishments imposed on persons convicted of these offenses? 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. Labor export companies are licensed by the government to export Cambodian laborers to countries such as Thailand, Malaysia and South Korea. There were reports of these workers falling victim to trafficking due to the exploitative conditions in destination countries, especially Malaysia, and a lack of monitoring and protection in the source country. The labor export companies and the Cambodian Ministry of Labor acknowledge that the recruiting agents often retain workers' passports upon arrival in Thailand and Malaysia to prevent loss. There were no cases of labor agents being held responsible for the exploitation of workers, or prosecuted in the courts of law. Penalties for Rape or Forcible Sexual Assault -------------- 3D. What are the prescribed penalties for rape or forcible sexual assault? How do they compare to the prescribed and imposed 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 for sex trafficking of children under the age of 15 is punishable by sentences of 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 -------------- 3E. Is prostitution legalized or decriminalized? Specifically, are the activities of the prostitute criminalized? Are the activities of the brothel owner/operator, clients, pimps, and enforcers criminalized? Are these laws enforced? If prostitution is legal and regulated, what is the legal minimum age for this activity? Note that in 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 allows for prosecution of exploiters of persons for sex work, such as facilitators, pimps, human traffickers, and brothel owners, with a punishment of 5 to 10 years if the exploited prostitute is an adult. The penalty is doubled in cases of minors. 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 -------------- 3F. Has the Government prosecuted any cases against traffickers? If so, provide the numbers of investigations, prosecutions, PHNOM PENH 00000351 005 OF 007 convictions, and sentences, including details on plea bargains and fines, if relevant and available. Does the government in a labor source country criminally prosecute labor recruiters who recruit laborers using knowingly fraudulent or deceptive offers or impose on recruited laborers inappropriately high or illegal fees or commissions that create a debt bondage condition for the laborer? Does the government in a labor destination country criminally prosecute employers or labor agents who confiscate workers' passports/travel documents, switch contacts or terms of employment without the workers' consent, use physical or sexual abuse or the threat of such abuse to keep workers in a state of service, or withhold payment of salaries as a means to keep workers in a state of service? Are the traffickers serving the time sentenced: If not, 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. The Ministry of Interior Department of Anti-Trafficking and Juvenile Protection reported 49 cases of human trafficking, involving 65 perpetrators, between March 2005 to January 2006, and ten convictions, with penalties ranging from one to 18 years. Police also reported the arrests of 62 pimps and accomplices, and convictions in two cases. The rest are in pretrial detention. Thirteen foreigners were arrested for debauchery during the same period. Three were convicted, with sentences ranging between one to 18 years in prison, while 2 Americans are in U.S. custody. In 2006, police arrested 91 perpetrators for human trafficking, debauchery and pimping, while Cambodian courts convicted 62 offenders. It should be noted that the statistics below may overlap, as a consolidated database on trafficking is yet to be available; statistics are only representative of the work of each institution. The Ministry of Justice is unable to provide reliable statistics given its limited resources and means of communication with the provinces. Statistics from the Phnom Penh Municipal Court have the court receiving 51 trafficking cases during the reporting period. Out of those cases, the court tried 37 cases resulting in the conviction of 53 perpetrators, with penalties ranging from five to 24 years. AFESIP reported the arrests of 21 suspects and convictions of 28 traffickers in 2006, with penalties ranging between one and 19 years, and civil compensation of between three and ten million riels (USD 750- USD 2,500). Twelve other trials during the year resulted in the reinvestigation of the case or acquittal due to lack of evidence. There are no known cases of prosecution of labor recruiters whose companies are involved in labor trafficking. NGOs reported thirteen exploitative labor cases involving legal migrants to Malaysia ending up in exploitative circumstances, but the companies usually paid compensation to the victims and avoided formal remedies. During a raid on September 7, 2005 of the Chhay Hour II Hotel, police arrested six persons and rescued three minors. On February 17, 2006, the Phnom Penh Municipal Court sentenced two women to ten years for human trafficking and two managers of the Chhay Hour II Hotel to four years each for colluding in and providing a venue for human trafficking. In the fall of 2006 an Appeals Court decision allegedly led to the release of the Chhay Hour II owner and manager. In February 2007, police conducted another raid of the hotel, which was renamed the Leang Hour, and rearrested the two original detainees along with two additional managers. Traffickers generally serve the time sentenced. Who are the Traffickers? -------------- 3G. 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 PHNOM PENH 00000351 006 OF 007 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 groups. 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. 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 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. There have been reports that police and government officials, including high-ranking government officials or their family members, operated, had a stake in, were clients of, or received protection money from brothels which housed trafficking victims, including underage sex workers. The police have been able to apprehend low-ranking police or military police officers running brothel business. NGOs working with trafficked victims reported that border officials in Thailand and Malaysia may be involved in trafficking as the victims reported seeing the officials demanding unofficial fees at border crossings. Spouses of police officials have also been reported to be running travel agencies involved in trafficking women and girls throughout Southeast Asia. Information regarding profits from trafficking in persons is poorly understood; however, a study on the impact of closing Svay Pak, conducted by AidTous, estimated that 10 to 20 children between the ages of 10 and 12 could bring in approximately USD 1,000 per night for their pimps, who in turn allegedly paid between USD 200 and 300 (or about USD 80,000 annually) to police for protection. Government Investigations of Trafficking Cases -------------- - 3H. 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 investigate trafficking cases and 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. PHNOM PENH 00000351 007 OF 007 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. Cambodian law allows for the use of undercover investigation and covert operations. In September 2006, the Cambodian National Police signed an MOU with IJM allowing the latter to use undercover agents, undercover video and to pose as customers to investigate trafficking cases. 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 -------------- - 3I. 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, 5,737 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. CAMPBELL