2007 TRAFFICKING IN PERSONS REPORT FOR CAMBODIA PART III

UNCLAS SECTION 01 OF 07 PHNOM PENH 000352 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 PART III PHNOM PENH 00000352 001.3 OF 007 REFTEL: STATE 202745 Government-to-Government TIP Cooperation -------------- 3J. Does the government cooperate with other governments in the investigation and prosecution of trafficking cases? If possible, can post provide the number of cooperative international investigations on trafficking? The government continues to cooperate 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 a significant number of PROTECT ACT cases, and has handled numerous cases involving other foreign nationals. The first three successful prosecutions worldwide under the PROTECT ACT were achieved with the cooperation of RGC authorities. Thirteen foreign nationals were arrested for debauchery between March 2006 and January 2007. 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. During 2006, with support from NGO IJM, the Cambodian trafficking police cooperated with Thai immigration police to arrest two suspected traffickers and rescue nine victims trafficked for sex in Thailand. In October 2005, Cambodia and Vietnam signed a similar MOU on trafficking. During the Vietnamese PM's March 2006 visit to Cambodia, Vietnamese and Cambodian officials discussed cross-border trafficking cases concerning Cambodian child beggars in Vietnam. 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 similar to the MOU in place with Vietnam. Extradition -------------- 3K. 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 woman arrested in Thailand was sentenced to 85 years by a Thai court for trafficking eight underage Cambodian girls to Thailand for sexual exploitation. The sentence 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. 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. During the reporting period, Cambodia deported two American nationals who committed crimes against Cambodian children to the U.S. to face trial under the PROTECT Act. Government Involvement in Trafficking PHNOM PENH 00000352 002.3 OF 007 -------------- 3L. 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 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 -------------- -------------- 3M. 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, the RGC prosecuted several police officials for 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 raided parlors in Kompong Speu province. In August 2006, the Phnom Penh Municipal Court convicted Touch Ngim to five years and two other police officers to seven years in prison. Touch Ngim is serving his sentence; however, the two other officers remain on the job. 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 USD 30,000 in return for their release from custody. The men were released after paying more than USD 10,000; after which they filed a complaint with 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. In late August 2006, police arrested Meng Say and he is now in pretrial detention. Low-ranking government officials have also been apprehended for involvement in trafficking. According to the MOI, between March 2006 and January 2007, police arrested two military officers and one member of the military police for running brothels and trafficking. The court sentenced one of them to a five-year suspended sentence and ordered a fine of five million riels (~USD 1,250). Child Sex Tourism Issues -------------- 3N. If the country has an identified child sex tourism problem (as source or destination),how many foreign pedophiles have 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)? If so, how many of the country's nationals have been prosecuted and/or convicted under the extraterritorial provision(s)? Cambodia is identified as a destination point for pedophiles. During the period covered in this report, MOI reported the arrests of 14 foreign nationals (five Americans, three Germans, one Belgian, one British citizen, one Swiss, one Korean, one Japanese, and one Canadian) for sexually abusing Cambodian children. Of the five Americans arrested, the Cambodian government deported two to the United States, one under the PROTECT Act framework and one under state charges; one committed suicide in prison; another one is in prison while the fifth is in prison awaiting deportation. In 2006, the Cambodian court convicted a total of four foreign nationals, with prison sentences ranging from 10 to 18 years and civil compensation of USD 500 to USD 5,000. 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 a foreigner committing a crime involving Cambodian victims in another country. PHNOM PENH 00000352 003.3 OF 007 In June 2006, the Appeals Court in Phnom Penh, relying on forensic evidence, upheld the conviction of an Australian pedophile despite the withdrawal of witness complaints. The case drew media attention because the defendant's defense lawyer had accused the Cambodian Women's Crisis Center of offering money to the victims to testify against the Australian. Most observers believe that the victims withdrew their testimony under duress. International Instruments -------------- 3O. 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 Cambodian government has ratified the new ILO Convention 182 on the Worst Forms of Child Labor on October 25, 2005. --ILO Convention 29 and 105 on forced or compulsory labor: The government ratified the Forced Labor Convention (ILO 29) on February 24, 1969 and the Abolition of Forced Labor Convention (ILO 105) on August 23, 1999. It should be noted Cambodia is the second nation in Asia after Indonesia to ratify all seven fundamental conventions of the ILO. --Convention on the Rights of the Child: The Cambodian government ratified this convention on October 15, 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 May 30, 2002. --The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime: Cambodia ratified this protocol on January 18, 2006. 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? Does the country have facilities dedicated to helping victims of trafficking? If so, can post provide the number of victims placed in these care facilities? 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. 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. In 2006, NGOs and MOSAVY identified 252 victims of trafficking from Thailand and placed them at the Transit Center. 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. PHNOM PENH 00000352 004.2 OF 007 Most of the NGOs shelters assist victims of all forms of violence, including rape, domestic violence and trafficking. World Hope International manages a short-term assessment center for victims of trafficking, but also accepts rape victims when there is space available. In 2006, the shelter assisted 64 victims of trafficking. IOM also has cooperated in training Cambodian government officials from MOSAVY and MOI to repatriate Vietnamese victims. Three victims were repatriated under this process in 2006, bringing the total number of repatriations to Vietnam to 60 since the initiation of this project in June 1999. 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 domestic NGOs to provide services to victims of trafficking, a situation that will likely persist for some time. The Cambodian Ministry of Social Affairs funds Seva Kapia Komar (SKK),which has 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. Do the government's law enforcement and social services personnel have a formal system of identifying victims of trafficking among high-risk persons with whom they come in contact (e.g., foreign persons arrested for prostitution or immigration violations)? Is there a referral process in place, when appropriate, to transfer victims detained, arrested or placed in protective custody by law enforcement authorities to NGO's that provide short- or long-term care? After a raid, law enforcement authorities conduct an initial screening for victims of trafficking before referring them to the provincial and municipal Departments of Social Affairs, where they will again be interviewed for victim determination. The municipal and provincial Department of Social Affairs, Veterans and Youth (DOSAVY) would in turn refer the victims to short- or long-term NGO shelters for further care depending on their needs. In Phnom Penh, the government-funded 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. Since 2005, World Hope International has operated a short-term assessment center in Phnom Penh for referral of TIP victims to longer-term care facilities to augment the services provided by SKK. 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 -------------- PHNOM PENH 00000352 005.2 OF 007 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 pending trial proceedings? 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. 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 or other resources 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)? 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 has been planning to expand facilities at the MOI to temporarily hold victims and witnesses but has not taken concrete action to do so. Police have no practical ability to protect NGOs, victims, or witnesses in high-profile cases. NGOs fill the void by providing shelter and support to victims through vocational training and start-up capital to start businesses. A number of shelters and foster home programs are available for child victims of trafficking. Despite some NGO-run shelters, such protection may not be adequate. For example, in one trafficking case in Sihanoukville, according to reports by several NGOs, after a suspected pedophile and his girlfriend who was a suspected trafficker were released from prison on bail, the girlfriend threatened the families of the victims and demanded the victims be returned to her. 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. In terms of social services, UNICEF and IOM continued to provide technical assistance to build the capacity of government officials in victim assistance. For example, an IOM-funded project helps the provincial Svay Rieng Department of Social Affairs provide services to vulnerable families so that their children are not trafficked to Vietnam to participate in child-begging. 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 PHNOM PENH 00000352 006.2 OF 007 -------------- - 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. Former King Sihanouk's email offer to personally assist overseas trafficked Cambodians may have generated more attention by Cambodian Embassies and consulates. 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. ILO/IPEC conducted an income generation project as a strategy against trafficking for labor migration in the provinces of Prey Veng, Kampong Cham and Svay Rieng. The project ended in September ¶2006. World Education has identified similar pilot projects to focus on improving the socio-economic opportunities for girls to prevent their being trafficked. PACT-Cambodia began a three-year program in September 2004 for women's empowerment through micro-enterprise development. Supported by the State Department's Women's Issues Fund, this program focused 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 established village-led savings and investment programs for women. Heroes -------------- The NGO Action Pour Les Enfants (APLE) is focused on eradicating street-based sexual exploitation and arresting traveling child sex offenders in Cambodia. As a result of APLE's work in 2006, Cambodian authorities arrested 21 child sex offenders and pedophiles. The organization operates branches in Phnom Penh and Sihanoukville on a limited budget and is in the process of opening a new branch in Siem Riep. APLE has built capacity with local police and judicial officials, acted as a watchdog on those same officials, facilitated greater involvement of foreign police officials, as well as provided legal representation to victims who would otherwise not be able to afford a lawyer. Best Practices -------------- The Childsafe program, managed by Friends International and jointly implemented by Friends and another NGO, M'Lop Tapang, has built a network of people who protect children in the cities of Sihanoukville, Phnom Penh, and Siem Riep. In the beach resort of Sihanoukville, Childsafe relies on 36 moto-taxi drivers as well as 25 employees of guesthouses. These facilitators are trained in child protection skills; the training is funded by the British Embassy and sponsored by the Cambodian Ministry of Tourism. Once trained, these facilitators are able to protect and support children at risk of trafficking and sexual abuse. Staff Time -------------- Political Officers Margaret McKean and Gaurav Bansal drafted this submission and estimated that the drafting of this report required 40 hours of staff time; separately a local FSN political assistant spent 30 hours helping draft this report. Embassy POC for this PHNOM PENH 00000352 007.2 OF 007 cable is Section Chief Margaret McKean (T. 855-023-728-125). Abbreviations used in this report: ADHOC: Association de Defense des Droit de l'Homme (Human 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 High 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 CAMPBELL