2009 TRAFFICKING IN PERSONS REPORT FOR CAMBODIA

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STATE FOR G/TIP, G-ACBlank, INL, DRL, PRM, IWI, EAP/RSP, EAP/MLS 
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TAGS: PGOV, PHUM, PREF, ELAB, SMIG, KCRM, KTIP, KWMN, KFRD, ASEC, 
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SUBJECT: 2009 TRAFFICKING IN PERSONS REPORT FOR CAMBODIA 
 
REFS: STATE 5577 
08 STATE 132759 
08 PHNOM PENH 955 
08 PHNOM PENH 787 
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08 PHNOM PENH 445 
 
SENSITIVE BUT UNCLASSIFIED. DELIBERATIVE MATERIAL. 
 

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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 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 many organizations, international agencies, and government

institutions and ministries working on human trafficking issues.

They have been useful contacts in providing statistics, information

and updates on human trafficking. A Cambodian government anti-human

trafficking National Task Force (NTF); the NTF's oversight

mechanism, the High Level Working Group (HLWG),chaired by DPM Sar

Kheng; Ministry of Interior's Department of Anti-Human Trafficking

and Juvenile Protection, Ministry of Justice (MOJ); Ministry of

Social Affairs, Veterans and Youth Rehabilitation (MOSAVY); Ministry

of Women's Affairs (MOWA); other relevant ministries and

governmental agencies; and, local and international NGOs are good

sources of information of human trafficking and sexual

exploitation.



1B. (SBU) Is the country a country of origin, transit, and/or

destination for internationally trafficked men, women, or children?

Does trafficking occur within the country's borders? If so, does

internal trafficking occur in territory outside of the government's

control (e.g., in a civil war situation)? To where are people

trafficked? For what purposes are they trafficked? Provide, where

possible, numbers or estimates for each group of trafficking

victims. Have there been any changes in the TIP situation since the

last TIP Report (e.g., changes in destinations)?



Cambodia is a source, destination, and transit country for

trafficking in persons, including men, women and children. Some

observers reported that a majority of Cambodian trafficking victims

are trafficked for labor purposes, due to Cambodia's relative



PHNOM PENH 00000114 002 OF 026





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

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, and from Vietnam to Phnom

Penh and other cities as well.



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 were originally trafficked to Cambodia through

debt bondage; some sex workers are still in debt bondage. Debt

bondage is also a factor in the recruitment of Cambodian trafficking

victims, who are initially convinced that they are accepting

legitimate restaurant, factory, or other work opportunities in Phnom

Penh or other cities and then forced into sex work.



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. According to a 2008 UN Inter-Agency Project

against Human Trafficking (UNIAP) report, approximately 130,000

individuals are deported back to Cambodia from Thailand each year.

However, UNIAP reported that the number of deportees who are victims

of trafficking is unknown because it is believed that Thai or

Cambodian authorities do not or cannot identify those deportees who

are TIP victims. 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, and are also

subject to sexual exploitation in the Thai commercial sex industry.



The 2008 UNIAP report detailed a July-August 2008 study of Cambodian

deportees from Thailand at the Poipet immigration police checkpoint

on the Cambodia-Thai border. Of 50 deportees interviewed, a total

of 56 instances of labor migration were recorded (some of the

deportees migrated more than once; 32 instances male, 24 instances

female),with 13 of those instances indicating strong evidence of

human trafficking (11 men and two women),and 16 additional

instances of some evidence of exploitation (nine men and seven

women).



There continued to be incidents of Cambodian men and women

trafficked to Malaysia via Thailand for commercial sexual

exploitation, agricultural labor, and domestic work. The Kamrieng

border crossing point in Battambang (connecting to Trat in Thailand)

was one trafficking/smuggling route. In previous years, there were

scattered reports of individuals trafficked to farther destinations

such as India and off the coast of Somalia. There was also a report

confirmed by an official of the Embassy of the Philippines in Phnom

Penh of a Filipino woman trafficked to Sihanoukville for the sex

trade in 2007. The Philippine Embassy reportedly assisted the

victim to return to her home country.



In 2004, UNICEF indicated the beginnings of a change in TIP

patterns, with evidence suggesting a rising number (if not yet

significant compared to the main routes) of trafficking cases to

Hong Kong and Taiwan. In 2007, there were reports of Cambodian

women who went to Taiwan through marriage but are now left in legal

limbo for political and diplomatic reasons. It is reported that

there are about 5,000 Cambodians in Taiwan, some of whom were

trafficked for sexual exploitation. During the reporting period,

there were no new reported cases of women trafficked to Hong Kong

and Taiwan.



In 2008, the NGO Cambodian Women's Crisis Center (CWCC) assisted 204

victims of trafficking, 13 of whom were victims of cross border

trafficking. The NGO AFESIP assisted 149 victims of trafficking

among the 302 residents admitted to its shelters during the year.

According to statistics from the High Level Working Group of the

National Task Force, between April and December 2008, the Ministry

of Interior (MOI) made arrests in 21 human trafficking cases

involving 82 victims, of which nine were cases of sex trafficking

and 12 of labor trafficking. The Ministry of Social Affairs,

Veterans and Youth Rehabilitation (MOSAVY) reported that from April

to December 2008, police referred to MOSAVY 407 victims of sex

trafficking. In addition, MOSAVY received nine victims of sex

trafficking and 71 victims of labor trafficking returned from

Thailand. An additional 486 victims of labor trafficking were

referred to MOSAVY after being returned from Vietnam. During 2008,



PHNOM PENH 00000114 003 OF 026





IOM identified 160 victims of trafficking, out of 683 Cambodian

returnees from Vietnam, and 112 victims of trafficking, mostly

children, out of 132,795 Cambodian returnees from Thailand.



The NGO International Justice Mission (IJM) observed that the sale

of underage girls in brothels, bars, and restaurants in 2008

remained at a level similar to 2007. The NGO reported that their

investigations indicated the majority of activity was in brothels,

disco clubs, and karaoke establishments. IJM believed there was an

increase in the number of large entertainment establishments in

Phnom Penh and Siem Reap, with reports of some establishments having

as many as 100 or more adult and underage females, and where rooms

are typically made available for sex. IJM reported that its

investigations indicate that a high percentage of the minors in

these establishments were Vietnamese who came to Phnom Penh and Siem

Reap from the Cambodian provinces or from Vietnam.



IJM reported its observation that the virginity trade continues to

be problematic in Siem Reap, and that foreign (mostly Asian) and

Cambodian men paid USD 800 to 4,000 to have sex with virgins. This

is a change from 2007 when one NGO reported that Asian men paid USD

1,000 or less for three days with a virgin.



The victim services NGO Cambodian Women's Crisis Center (CWCC)

reported intake of more TIP cases in 2008 compared to 2007 but added

that it does not view the increase in numbers as a reflection of a

growing trafficking problem, but rather of intensified law

enforcement efforts. Victim services NGO Agir Pour Les Femmes en

Situation Precaire (AFESIP) reported that it provided services to

149 trafficking victims, and that MOSAVY referred other victims to

the NGO during the course of the year who chose not to stay with

AFESIP for services. Those referrals are not reflected in AFESIP's

statistics, and AFESIP was unable to report whether they have

noticed a trend in the number of TIP victims from 2007 to 2008.



The International Organization for Migration (IOM) reported a

decrease in trafficking victims returned to Cambodia from Vietnam --

160 returnees in 2008 compared to 224 in 2007. IOM could not confirm

the reasons for the decrease, but stated that some possibilities

were: more effective interventions with persons vulnerable to TIP,

better cooperation between Cambodian and Vietnamese officials to

prevent trafficking from occurring, and economic development in

border provinces. IOM stated their belief that the statistics do

not accurately portray the size of the TIP problem. IOM stated that

programs such as information campaigns, vocational skills trainings,

and micro credit schemes in border town areas have provided

effective alternatives to labor migration and have helped to educate

those who migrate legally about trafficking schemes.



World Hope International reported more referrals by law enforcement

to its assessment center during the year. In 2008, the center

received 84 victims of trafficking, compared to 59 in 2007, and

believed the increase was a result of Cambodia's new Law on

Suppression of Human Trafficking and Sexual Exploitation being

enforced by police as a tool to combat human trafficking.



1C. (SBU) What kind of conditions are the victims trafficked into?





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

scarce, Cambodians will continue to migrate out for labor purposes.

As in previous years, CWCC stated that an increasing number of

victims repatriated from Malaysia who seek support from CWCC report

that they ended up in exploitative labor conditions after migrating

to Malaysia as domestic workers with the assistance of legal labor

migration companies. The Cambodian government has licensed 17 such

labor export companies; however, there is inadequate monitoring of

migration and work conditions, and a lack of protection for domestic

workers in Malaysia. The Ministry of Women's Affairs (MOWA)

continues to have serious concerns about the protection of Cambodian

women working in domestic positions in Malaysia and the potential

for abuse or coercion and trafficking into the sex industry. The

MOWA has advocated the establishment of a follow-up mechanism to

ensure the well-being of domestic workers after arrival in Malaysia.





In previous years, IOM stated that Cambodian laborers returning from

various locations such as India, Malaysia, and off the coast of

Somalia have reported that they were trafficked for labor. In 2008,

IOM helped facilitate the return of 17 Cambodian men who had been



PHNOM PENH 00000114 004 OF 026





trafficked from Cambodia onto fishing boats in Thailand, sailed to

Malaysia, and then escaped into Malaysia. However, IOM stated there

were no confirmed cases of trafficking to India or off the coast of

Somalia in 2008.



1D. (SBU) Vulnerability to TIP: Are certain groups of persons more

at risk of being trafficked (e.g., women and children, boys versus

girls, certain ethnic groups, refugees, IDPs, etc.)?



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 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.



PRM funded an IOM study released in August 2007 on patterns of

trafficking among commercially sexually exploited women and girls in

Siem Reap, Koh Kong and Sihanoukville provinces -- provinces

identified as having a high prevalence of trafficking. The research

showed that groups that appear to be persistently vulnerable to

trafficking include: women and girls who have severed relations with

their family households, often due to physical and sexual abuse;

women and girls who previously worked as child domestic workers; and

ethnic Vietnamese women and girls who became domestic trafficking

victims through recruitment or coercion into the virginity trade.



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 for

transit. 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 MOSAVY staff.

According to UNICEF, in 2008 there were 7,193 children deported from

Thailand to Cambodia and among them, there were 53 unaccompanied

children. According to IOM, Thai authorities repatriated 58 women

and children who were identified as TIP victims and deported another

54 alleged TIP victims, out of 132,795 returnees in 2008.



Social Services of Cambodia and HAGAR released findings of an

exploratory study funded by World Vision Cambodia in January 2008

about the sexual abuse and exploitation of males in Cambodia.

Researchers met with 40 adult and underage males who were known to

be victims of abuse. Key findings from the exploratory study

included: Cambodian male victims were sexually abused by Cambodian

and foreign adults in a variety of settings; male victims were also

abused by other children, adolescents and in some cases women; and,

abuse risk factors included exposure to poverty, separation and/or

divorce or death of a parent and/or siblings, domestic violence, and

drug and alcohol abuse in the home.



According to IOM's 2008 statistics, children in two 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

(USD 25) to 150,000 riel (USD 37) per child. IOM explained that

Cambodian facilitators take three to four children at a time across

the porous 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. In a 2007 report, IOM stated that

in some cases Cambodian children migrate together with parents or

relatives who are seasonally migrating as whole families, or one or

two children with parents, to beg in Vietnam.



In 2009, to address concerns surrounding trafficking of infants for

foreign adoption and to bring Cambodia into compliance with the

Hague Convention on Inter-Country Adoption, the RGC continued the

process of drafting new adoption legislation and the new law is

currently with the Council of Ministers for review. A moratorium

since 2002 on international adoption by some western countries,

including the United States, has largely curbed reports of this type

of trafficking, though receiving countries still processing

adoptions in Cambodia continue to report irregularities even with a

very small caseload. The Cambodian government is working with

international organizations and other donors to establish

transparent, ethical adoption processes in the future to diminish



PHNOM PENH 00000114 005 OF 026





the trafficking of infants for profit.



1E. (SBU) Traffickers and Their Methods: Who are the

traffickers/exploiters? Are they independent business people?

Small or family-based crime groups? Large international organized

crime syndicates? What methods are used to approach victims? For

example, are they offered lucrative jobs, sold by their families, or

approached by friends of friends? What methods are used to move the

victims (e.g., are false documents being used?). Are employment,

travel, and tourism agencies or marriage brokers involved with or

fronting for traffickers or crime groups to traffic individuals?



From April 2008 to November 2008, the RGC banned marriages of

foreigners to Cambodians, thereby halting migration to South Korea

through marriage. The marriage suspension was a reaction to a 2007

IOM report of an increase in migration to South Korea through

marriage to South Korean men, and that some Cambodians migrating to

South Korea for marriage were vulnerable to trafficking. IOM noted

that the potential for trafficking there was slim, as the Korean

government strictly enforces the law and protections for women.

According to IOM, in 2004 there were 74 South Korean visas issued to

women who married South Korean men; in 2007, there were more than

1,000. On February 19, 2008, Prime Minister Hun Sen ordered the

Ministry of Commerce to annul business licenses for companies

seeking husbands for Cambodian women, calling the business a form of

human trafficking. In November 2008, the Prime Minister signed a

sub-decree drafted by the MOI and Ministry of Foreign Affairs (MFA)

containing guidelines for international marriages that should have

lifted the suspension. However, as of February 2009, marriage

applications of Cambodians to foreigners were not being processed by

the RGC. Some observers believed that the measures of the

sub-decree will be hard for Cambodian authorities to verify and

enforce, and would not be effective in preventing TIP through

marriages to persons in other countries. However, the suspension of

marriages to foreigners was widely believed to be a sincere effort

of the RGC to prevent human trafficking to other countries.



Research conducted by Friends International and UNIAP in 2007 on

child begging issues in Thailand found that the majority of

Cambodian child beggars traveled to Bangkok with their mothers or

other family members and that most beggars had a degree of control

over their day-to-day lives. In contrast to previous assumptions,

the research found that the majority of Cambodian child beggars in

Bangkok did not experience abusive practices or trafficking. The

issue is more related to migration of vulnerable migrants rather

than trafficking. However, the research found that almost 20

percent of children questioned came with a facilitator or non-blood

relative. Most of the children who came with their mother said they

were happy with the situation, while half of those who came with a

facilitator said they were unhappy. 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 segment of society most

vulnerable 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 due to 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 is 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 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 who take the women or

underage girls and sell them to a brothel. A 2007 IOM study of

trafficking recruitment and facilitating networks found a dynamic

system that is ever-evolving in order to evade counter-trafficking

efforts by the communities, local authorities and NGO partners. TIP

networks are most prevalent in areas which have a high level of

labor migration and high level of impunity for traffickers.

Networks were found to take advantage of family dysfunction,

gender-based norms that support violence against women, and social



PHNOM PENH 00000114 006 OF 026





shame to perpetuate trafficking practices.



The notorious Svay Pak brothel area reportedly continues to be in

operation, despite an extended 2004 crackdown by anti-TIP police and

IJM. Underage girls are available on site in Svay Pak

establishments upon demand, but generally underage girls do not stay

on site in Svay Pak. Current trends show that underage girls from

Svay Pak are delivered to various brothels and establishments during

the evening, or are available on order. IJM reported that attempts

to raid the area in 2007 proved to be difficult, if not impossible,

due to the hidden nature of the crime and the nearly impenetrable

layout of the area which makes it easy for traffickers to escape

quickly. In 2008, IJM reported that police did not follow through

with the NGO's investigations into and tip-offs on Svay Pak

establishments. A study conducted in 2005 by AIDTouS and the

Coalition to Address Sexual Exploitation of Children in Cambodia

(COSECAM) to re-evaluate the impact on children of closing Svay Pak

found that the closure did not stop the commercial sexual

exploitation of children. The 2005 study found that many of these

children were scattered to other brothels in Phnom Penh, Siem Reap

and Sihanoukville, and may have been living in worse conditions in

underground operations.



A 2007 PRM-funded IOM study reported that traffickers are sometimes

parents who sell their child into debt bondage to serve as domestic

help with other families, or into brothels. The study reports that

there are cases in which family members, friends, or boyfriends

reportedly coerced or forced victims into sex and labor trafficking.

Other observers have reported that individual recruiters coerce

rural and urban victims, claiming to work with labor agencies or

claiming to have connections to good jobs in cities or in other

countries (usually Thailand or Malaysia).



The same 2007 IOM study stated that commercial sale of virginity is

one of the major routes into commercial sexual exploitation with 38

percent of women interviewed having had their virginity sold

(voluntarily or involuntarily). The same study showed that nine

percent of women interviewed reported their virginity trade client

was of Western origin, and the remaining reported having Asian

clients including Cambodian, Japanese, Korean, Taiwanese, Thai,

Filipino, and Chinese persons.



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. Attempts to lobby

Malaysia to grant legal rights to foreign domestic workers have been

unsuccessful, although the Ministry of Women's Affairs continues

discussions with its counterpart in Malaysia on this issue.



Vietnamese women and children, many in debt bondage, were trafficked

from Kieng Yang, Can Tho, Dong Thap 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 also are trafficked through Cambodia by organized

Vietnamese criminal gangs to onward destinations in Thailand and

Malaysia.



When victims are trafficked out of Cambodia, some NGOs claim that

trafficking networks are involved. Vietnamese, Thai and

Chinese-Malay criminals are alleged to have regional networks that

traffic drugs, guns, women and children to regional markets such as

Thailand and Malaysia. A UNIAP representative reported that

trafficking networks were involved in some cases, but believed that

brokers were responsible for most trafficking cases.



SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS

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2A. (SBU) Does the government acknowledge that trafficking is a

problem in the country? If not, why not?



The government openly acknowledges that trafficking is a serious

problem in Cambodia. The Prime Minister in March 2006 spoke out

against TIP and called for greater government efforts to combat the

problem. During a June 2008 joint press conference with the Charge

and Deputy Prime Minister (DPM) Sar Kheng, the DPM stated that while

the RGC was pleased with the 2008 tier placement, the RGC believed

there was still much more to be done to eliminate TIP in Cambodia.





PHNOM PENH 00000114 007 OF 026





In April 2007, in an effort to coordinate Cambodia anti-TIP

programs, government entities, and NGOs, the government established

an anti-TIP National Task Force. USAID is providing support to the

NTF through technical assistance. The NTF has an oversight

mechanism known as the "High Level Working Group," sometimes called

the "Leading Task Force." The High Level Working Group (HLWG) is

chaired by Deputy Prime Minister and Minister of Interior Sar Kheng

who has played a leading role in the government's anti-TIP efforts.

The NTF has a structure of five thematic working groups that focus

on prevention, protection, prosecution, implementation of MOUs and

bilateral agreements, and monitoring activities at the provincial

level.



During the reporting period, the NTF completed its establishment of

all 24 municipal and provincial anti-TIP working groups led by

governors and deputy governors. The working groups were instructed

by the HLWG to create provincial action plans, and were generally

expected to monitor entertainment and other establishments for TIP

cases; inform police of suspected cases; and, regularly report

activity to the High Level Working Group of the National Task Force.

The working groups of Siem Reap and Svay Rieng Provinces have

served as models for other provinces. The Asia Foundation (TAF),

funded by USAID, has worked closely with the model working groups to

develop structured, realistic action plans partly based on input

from the 2008 provincial dialogues and aligned with Cambodia's draft

National Plan of Action. IOM worked closely with the Koh Kong

Province working group to help develop a Koh Kong action plan.



2B. (SBU) Which government agencies are involved in

anti-trafficking efforts and which agency, if any, has the lead?



The National Task Force (NTF) against Human Trafficking takes the

lead in coordinating anti-trafficking efforts in Cambodia. USAID is

providing support to the NTF through technical assistance. DPM Sar

Kheng chairs the HLWG that serves as an oversight mechanism for the

NTF. Several ministries and agencies in the Cambodian government

have responsibility for combating trafficking in persons, and are

integrated into the NTF structure including: the Ministry of

Interior; Ministry of Women's Affairs; Ministry of Justice; Ministry

of Social Affairs, Veterans and Youth Rehabilitations; Ministry of

Labor and Vocational Trainings; Ministry of Tourism; Ministry of

Education; 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.



2C. (SBU) What are the limitations on 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?



In the past, efforts in Cambodia to end human trafficking have been

impeded by lack of coordination among groups working on the problem.

With the March 2007 launch of the government National Task Force,

the government is making strides to coordinate the efforts of 11

government ministries, three government agencies, and more than 200

international and local NGOs. The NTF structure includes working

groups on prevention, protection, and prosecution, and has recently

established provincial working groups which will report local

anti-TIP efforts to the NTF.



Nonetheless, 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 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. In February 2007, the five

responsible government ministries signed an agreement with NGOs

providing victims assistance that established guidelines for

cooperation on these issues. The NTF is also developing a national

minimum standard for victim care to resolve the problem of victim

assistance.



Lack of coordination and cooperation between police and courts

allowed some traffickers to escape prosecution. While some NGOs

reported cooperative relationships with government authorities on



PHNOM PENH 00000114 008 OF 026





TIP cases in Phnom Penh, there are complaints regarding police

officials at the provincial levels. An NGO director reported that

it is relatively easier to target small traffickers, but large-scale

operations have been difficult to coordinate; the large number of

people involved in the process increased the chances of compromising

the operation.



During the reporting period, the Cambodian government has

encountered new challenges in its fight against TIP. While the

February 2008 passage of Cambodia's Law on the Suppression of Human

Trafficking and Sexual Exploitation was hailed as a success, the law

created some challenges with police and court officials who received

no training on the law before its passage. During the reorting

period, lower courts and the Appeals Court applied charges and

sentences that appeared inappropriately matched to crimes. One

example from the year was a Phnom Penh Municipal Court decision

charging Thomas Wayne Rapanos with a misdemeanor charge of indecent

acts against a minor despite testimony that money exchanged hands

for sex with 12- and 16-year-old female victims. Rapanos was

sentenced to two years and six months in prison and ordered to pay

USD 1,250 (5,000,000 riels) to the government and USD 750 (3,000,000

riels) compensation to the victim. An Action Pour Les Enfants

(APLE) lawyer for the victims believed there was enough evidence for

the court to have convicted the perpetrator on felony charges of

"Purchase of Child Prostitution," which would have carried a seven-

to 15-year prison sentence due to one of the victims being under age

15. Rapanos reportedly filed an appeal for a lighter sentence.



NTF and Ministry of Justice (MOJ) officials recognized the urgent

need for training of court and other government officials on the new

law. Section 3F below details 2008-2009 RGC training programs.



By April 2008, law enforcement implementation of the Law on the

Suppression of Human Trafficking and Sexual Exploitation was in full

effect. Also in April, NGOs implementing USG-funded HIV prevention

programs reported reductions in contacts with brothel-based

prostitutes and increases in the number of street-based prostitutes.

An increase in police crackdowns on brothels -- credited by some to

the passage of the new law -- were reported to have resulted in many

prostitutes selling sex outside of brothels, on the streets,

increasing their vulnerability to violence and HIV infection as

condom usage is less likely outside of brothels. Additionally,

owners of some establishments such as karaoke bars or beer gardens

were reported to be less collaborative with health workers who

provide HIV prevention information and condoms, apparently seeking

to avoid being seen by police as a place of prostitution.



Also connected to the increased police efforts to crackdown on

brothels were reports that some police officers and guards working

at Ministry of Social Affairs, Veterans and Youth Rehabilitation

(MOSAVY) rehabilitation centers abused prostitutes who were rescued

during raids. In April, a rights group reported that some

prostitutes had been raped, beaten, robbed, extorted, and detained

without due process. The reports spurred much criticism and an

advocacy group protested at the UN in New York. As NGOs and IOs

carried out more in-depth investigations into the allegations of

prostitute abuses that reportedly occurred because of raids to

implement the new law, it became apparent that the majority of the

persons held at MOSAVY detention centers were not prostitutes.

Nonetheless, after the negative reports came to light, MOSAVY

released detainees and indefinitely closed the detention centers

where many of the abuses reportedly occurred. The rescue of adult

prostitutes and arrest of pimps and brothel owners is not anti-human

trafficking work, per se. However, many of the Cambodian

government's challenges combating TIP during this reporting period

have been attributed to the passage of the new law which combines

TIP crimes and other crimes such as prostitution, pornography, and

child sex abuse. We have included more information on the

challenges related to the passage of the new law in section 3A

below.



NTF officials were receptive to the critical reports regarding

implementation of the new law, and urgently sought solutions. In

October 2008, DPM Sar Kheng signed into effect Guidelines on the

Implementation of the Law on Suppression of Human Trafficking and

Sexual Exploitation in an attempt to address concerns about human

rights abuses of prostitutes and other victims rescued during

brothel raids; HIV/AIDS prevention efforts being negatively affected

by enforcement efforts using the new law; and, police arresting

perpetrators on charges that appeared inappropriately matched to the

crime. The guidelines are generally considered to be helpful in

emphasizing that prostitutes should not be treated as criminals.

However, the guidelines did not clarify the difference between



PHNOM PENH 00000114 009 OF 026





trafficking victims and prostitutes, nor provide guidance on

screening of prostitutes or others rescued from brothels for

indications that human trafficking took place. Section 3F below

describes training on the law enforcement implementation guidelines

and victim screening.



Government sources and NGOs reported that police and court officials

investigate TIP cases separately, and the relationship between

police and courts was mainly based on instances when police

requested search and arrest warrants. Prosecutors and judges rarely

called on police responsible for investigating crimes for

clarification, follow up information, or to testify during trials.





There was no prohibition against conducting undercover operations in

commercial sexual exploitation cases; however, IJM reported that

police were afraid of accusations by courts and arrested suspects

that they had wrongly investigated cases, and typically refused to

conduct undercover operations until they were granted warrants to do

so. IJM reported that there have been cases in which court

officials threatened to prosecute IJM investigators and police

involved in undercover operations. During one operation, an IJM

investigator posed as a pedophile seeking to buy sex with minors.

Court officials told the investigator that acting as the "buyer"

essentially made the investigator and police traffickers.



Observers generally perceived evidence collection to be a weakness

of the Cambodian National Police, including the national-level

Anti-Human Trafficking and Juvenile Protection Department and

anti-TIP units at the provincial level. During several brothel

raids involving IJM, when women and girls were taken to police

stations for statements, IJM reported that the rescued victims

refused to make incriminating statements against the brothel owners.

Without victim testimony, police had little evidence to use against

the perpetrators. Police evidence collection limitations were

widely seen as due to a lack of training, equipment, and funding.



Donor countries have continued to press the government on

anti-corruption efforts and passage of an anti-corruption law that

is consistent with international standards. The government has

missed multiple deadlines for passage and implementation. Donors

have also pushed for the establishment of an independent

anti-corruption commission. In 2006, the government established an

Anti-Corruption Body to combat corruption but it remains largely

inactive.



The Supreme Council of Magistracy (SCM) has the power to appoint and

remove judges, but does not use this power except in rare

situations, and in the past there was evidence that disciplinary

actions were often politically motivated. The SCM also does not

have investigative resources to respond to allegations of

corruption. However, in an important move that sent a signal that

corruption will not be tolerated, in August 2007 a government decree

removed a judge in the SCM who was also the President of the Appeals

Court based on suspicions of corruption. The MOJ rotates judicial

personnel every four years in the hope that the movements will

lessen opportunities for corruption. In January 2009, SCM imposed

disciplinary actions on three provincial judges for non-TIP related

misconduct and transferred 25 provincial and municipal judges and

prosecutors as part of routine rotation efforts.



2D. (SBU) To what extent does the government systematically monitor

its anti-trafficking efforts (on all fronts -- prosecution, victim

protection, and prevention) and periodically make available,

publicly or privately and directly or through regional/international

organizations, its assessments of these anti-trafficking efforts?



The MOSAVY has a database to keep track of repatriated victims and

the MOI has a database to track police intelligence, investigations,

and arrests of sex crime offenders. The MOJ, with assistance from

UNICEF, started collecting information in 2007 for a database of

court cases involving children. However, only a few courts provided

statistics for the MOJ database. In March 2008, the NTF initiated

the first phase of a nationwide data collection system that will

eventually incorporate statistics from existing databases into one

consolidated database.



Starting in August 2007, the NTF produced periodic reports on the

government's anti-TIP efforts. The reports focused mainly on

anti-TIP prosecution efforts with statistics on arrests and

prosecutions. Each provincial working group is expected to submit a

bi-weekly report to the NTF; however, few of the provincial working

groups have been able to follow through with the regular reporting



PHNOM PENH 00000114 010 OF 026





requirement to date.



INVESTIGATION AND PROSECUTION OF TRAFFICKERS

--------------



3A. (SBU) Existing Laws against TIP: Does the country have a law or

laws specifically prohibiting trafficking in persons -- both for

sexual exploitation and labor? If so, please specifically cite the

name of the law(s) and its date of enactment and provide the exact

language [actual copies preferable] of the TIP provisions. Please

provide a full inventory of trafficking laws, including non-criminal

statutes that allow for civil penalties against alleged trafficking

crimes (e.g., civil forfeiture laws and laws against illegal debt).

Does the law(s) cover both internal and 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?



On February 15, 2008, Cambodia's new law on the Suppression of Human

Trafficking and Commercial Sexual Exploitation was promulgated and

went into immediate effect. The new anti-TIP law is a comprehensive

law containing provisions criminalizing all forms of trafficking,

including trafficking through debt bondage.



Many of the Cambodian government's challenges in its fight against

TIP during this reporting period may be attributed to the passage of

the new law. The law combines TIP crimes and other crimes such as

prostitution, pornography, and child sex abuse. Articles on TIP

crimes make up a minority of the law's articles; however, the law

has been labeled an anti-TIP law (a misnomer),confusing police,

court, and other government officials, and members of NGOs and the

press, as well. Police increased raids on brothels, ostensibly

because of enthusiasm over the new "anti-TIP law." Most of the

raids resulted in the arrests of pimps and brothel owners who were

charged with prostitution crimes. The police and other government

officials apparently wrongly believed that those arrests were part

of the government's anti-TIP work.



That the new law went into effect without any prior training of

police, court, or other government officials presented obstacles to

effectively implementing the law. Police and court officials were

accustomed to charging child sex exploitation criminals with

debauchery using a general 1996 law. The new law contains articles

to prosecute for child prostitution, sexual acts with a minor, and

indecent acts with a minor, as well as containing more specific

definitions of other TIP crimes than the 1996 law. Untrained judges

and prosecutors continued to charge perpetrators with "debauchery"

("indecent acts" under the new law),despite evidence of more

heinous -- and most often trafficking -- crimes.



There were also cases of the courts charging TIP perpetrators with

definition articles of the law instead of with articles that

designate activities as crimes and proscribe penalties; also with

penalty articles that did not appear to match the crimes. In

September 2008 the Phnom Penh Municipal Court convicted a human

trafficking perpetrator with Article 3 "Application of this Law

outside the Territory" which states, "This law shall apply to any

felonies or misdemeanors committed outside the territory of the

Kingdom of Cambodia by a Khmer citizen...." The article defines the

scope of the law, it does not designate any activity as illegal and

it does not proscribe a penalty. However, the perpetrator received

a two-year jail sentence under the article, and the notes from the

court indicate that the perpetrator committed a human trafficking

crime. Another instance from the Phnom Penh Court in August 2008

depicts a case in which a woman was abducted to be a prostitute.

The court initially charged the perpetrator with Article 3 but the

judge's conviction was under Article 11 "Unlawful Removal for

Cross-Border Transfer," an article that does not appear to be

matched to a trafficking in persons crime.



Government officials, especially NTF officials, understood early on

the need for training on the new law. Training efforts to date are

described in Section 3F of this report.

With support from USAID and UNICEF, the Ministry of Justice (MOJ)

published 10,000 copies of the law on Suppression of Human

Trafficking and Commercial Sexual Exploitation in 2008, and

distributed the copies to court, police, and other government

officials. UNICEF provided funding for a legal advisor to work with

the MOJ to draft a commentary on the new law to be distributed to

judges, prosecutors, and other government officials. One goal of

the commentary is to provide clarity on which articles of the law

are trafficking in persons crimes. The commentary is expected to be



PHNOM PENH 00000114 011 OF 026





completed and distributed in mid-2009.



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. Cambodia's Labor Law, enacted in 1997, makes child

(under age 15) labor illegal, but allows children aged 12-15 to

engage in light work provided the work is not hazardous to the

child's health or mental and physical development. The work must

also not affect regular school attendance or participation in

guidance programs or vocational training. However, confusion

regarding the issue of parental consent and the lack of specific

penalties for child labor have prevented successful prosecutions of

child labor in Cambodia. Articles 363 and 368 of the Labor Law set

monetary penalties for violating child labor provisions at 31 to 60

times the basic monthly wage.



Articles 172-181 of the Labor Law generally proscribe certain forms

of hazardous child labor. Persons 15-18 years old may only work in

non-hazardous occupations. Responsibility for determining whether

jobs are either "light" or "hazardous" rests with the Labor Advisory

Committee (LAC). The Labor Law also prohibits the hiring of someone

to pay off debt.



In December 2007 and January 2008, the Ministry of Labor and

Vocational Training (MOLVT) signed into force six declarations, one

of which defined hazardous work as work that is detrimental to the

health and physical development of children. The declaration

includes a determination of the types of light work, limits the

working hours of children ages 12 to 14 to no more than four hours

on school days and seven hours on non-school days, and forbids them

to work between the hours of 8:00 p.m. and 6:00 a.m. The other five

of the six declarations include: (1) working and living conditions

in plantations, (2) working conditions in the garment and foot wear

sectors, (3) working conditions in the fishing industry, (4) working

and living conditions in brick-making enterprises, and (5) working

and living conditions in the salt production industry.



3B. (SBU) Punishment of Sex Trafficking Offenses: What are the

prescribed and imposed penalties for trafficking people for sexual

exploitation?



Penalties under the Law on Suppression of Human Trafficking and

Sexual Exploitation are comprehensive and vary according to crimes

and their severity. According to Article 15 of the Law on

Suppression of Human Trafficking and Commercial Sexual Exploitation,

trafficking people for sexual or other forms of exploitation is

punishable by seven to 15 years in prison. In aggravating

circumstances, such as when the victim is a minor, the perpetrator

is a public official, or the crime is committed by an organized

group, the punishment is 15 to 20 years.



From April to December 2008, the MOI reported arrests in 21 cases of

human trafficking, of which nine were on sex trafficking and 12 on

labor trafficking. There were 62 victims of trafficking for labor

involved in these cases, and 20 victims of sex trafficking. During

the same period, police reported that they arrested five foreign

pedophiles. Statistics from the Phnom Penh Court showed April to

December 2008 convictions of 14 human traffickers, and five

foreigners who sexually abused Cambodian children.



3C. (SBU) Punishment of Labor Trafficking Offenses: What are the

prescribed and imposed penaties for trafficking for labor

exploitation, such as forced or bonded labor? If your country is a

source country for labor migrants, do the government's laws provide

for criminal punishment -- i.e., jail time -- for labor recruiters

who engage in recruitment of workers using knowingly fraudulent or

deceptive offers with the purpose of subjecting workers to

trafficking in the destination country? If your country is a

destination for labor migrants, are there laws punishing employers

or labor agents who confiscate workers' passports or travel

documents for the purpose of trafficking, 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?



According to Article 368 of the Labor Law, employers who employ

children less than 18 years of age for "hazardous work," as defined

under Articles 173 to 178 of the Labor Law, 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



PHNOM PENH 00000114 012 OF 026





law.



The new trafficking law provides for criminal punishment for the

illegal recruitment of a person using force, or fraudulent or

deceptive means. Penalties for unlawful movement of a person for

the purpose of exploitation, including for forced labor or services,

is seven to 15 years. If the victim is a minor, the punishment is

15 to 20 years.



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 being

prosecuted in the courts of law. CWCC assisted the return of

trafficking victims from Thailand and Malaysia to Cambodia and

reported that when victims are willing to file a complaint against

labor companies or employers, the NGO challenges the private

companies, mostly succeeding in gaining compensation for the

victim.



3D. (SBU) What are the prescribed penalties for rape or forcible

sexual assault? (NOTE: This is necessary to evaluate a foreign

government's compliance with TVPA Minimum Standard 2, which reads:

"For the knowing commission of any act of sex trafficking... the

government of the country should prescribe punishment commensurate

with that for grave crimes, such as forcible sexual assault (rape)."

END NOTE)



Rape is a criminal offense, and punishable by a five to 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. According to

the new TIP law, sex trafficking of minors under the age of 18 is

punishable by sentences of between 15 to 20 years in prison; and for

persons over the age of 18, the penalty is seven to 15 years in

prison.



3E. (SBU) Law Enforcement Statistics: Did the government prosecute

any cases against human trafficking offenders during the reporting

period? If so, provide numbers of investigations, prosecutions,

convictions, and sentences imposed, including details on plea

bargains and fines, if relevant and available. Please note the

number of convicted traffickers who received suspended sentences and

the number who received only a fine as punishment.

Please indicate which laws were used to investigate, prosecute,

convict, and sentence traffickers. Also, if possible, please

disaggregate numbers of cases by type of

TIP (labor vs. commercial sexual exploitation) and victims (children

under 18 years of age vs. adults). If in a labor source country,

did the government criminally prosecute labor recruiters who recruit

workers using knowingly fraudulent or deceptive offers or by

imposing fees or commissions for the purpose of subjecting the

worker to debt bondage? Did the government in a labor destination

country criminally prosecute employers or labor agents who

confiscate workers' passports/travel documents for the purpose of

trafficking, switch contracts or terms of employment without the

worker's consent to keep workers in a state of service, 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? What were the actual punishments

imposed on persons convicted of these offenses? Are the traffickers

serving the time sentenced? 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-Human

Trafficking and Juvenile Protection Department. Since the creation

of the national-level Department, the Cambodian National Police

established provincial-level anti-TIP units within the police

departments of all 23 provinces the capital city.



The MOI Department of Anti-Trafficking and Juvenile Protection

reported 21 cases of human trafficking, involving 30 perpetrators,

between April and December 2008. Five foreigners were arrested on

charges of indecent and sexual acts during the same period.





PHNOM PENH 00000114 013 OF 026





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 MOJ was unable to provide reliable statistics given its limited

resources and means of communication with the provinces. Out of 13

provincial and municipal courts (not including Phnom Penh) that

provided data to the MOJ, seven courts reported seven TIP case

convictions. Seven other provincial courts reported 40 convictions

on charges of "cross-border transfer." With a general lack of court

training on how to use the new Law on Suppression of Human

Trafficking and Sexual Exploitation, we believe some of these

"cross-border transfer" cases could be trafficking cases; however,

the MOJ was unable to provide detailed information from the

provincial courts and was unable to confirm whether the cases were

trafficking, smuggling, or other crimes. The Phnom Penh Municipal

Court reported that it convicted 14 trafficking in persons

perpetrators, with penalties ranging from two to 20 years. The

court convicted four foreign nationals for sexual abuse of

children.



AFESIP reported the arrest of one suspect and convictions of 21

traffickers in 2008, with penalties ranging between five and 15

years in jail, and civil compensation of between two and 15 million

riel (USD 500 - USD 3,750).



There are no known cases of prosecution of labor recruiters whose

companies are involved in labor trafficking. NGOs reported 24 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.



Traffickers generally serve the time sentenced. However, during the

year there were two reported cases of the prison sentences of

foreign pedophiles being suspended - in one of the cases there was

reportedly evidence of trafficking. On September 9, the

Sihanoukville court convicted French pedophile David Makhout of

indecent acts and sentenced him to 18 months in prison. However,

the judge allowed for the suspension of 10 months of the

perpetrator's sentence. An NGO reported that there was evidence

that Makhout "bought" one of his underage victims from her mother,

and then sexually abused the victim. The general prosecutor of the

Appeals Court immediately filed an appeal of the sentence suspension

and Makhout remained in jail. On July 21, a Sihanoukville Court

judge suspended a three-year sentence of a convicted pedophile,

Nkita Belov, and released him on probation after he spent six

months in prison for sexually abusing two underage boys. There was

reportedly no evidence of trafficking in the Belov case. The

Appeals Court prosecutor was reported to have appealed the case;

however, according to Department of Anti-Human Trafficking and

Juvenile Protection, Belov left Cambodia on August 5 through the

Poipet border into Thailand. Belov's whereabouts are unknown.



3F. (SBU) Does the government provide any specialized training for

government officials in how to recognize, investigate, and prosecute

instances of trafficking? Specify whether NGOs, international

organizations, and/or the USG provide specialized training for host

government officials.



The NTF, with technical assistance from TAF and funded by USAID,

created a draft script for a victim assistance training video that

will eventually be distributed to police and other government

officials, and to NGOs providing victim assistance services. The

video will demonstrate humane treatment of trafficking victims and

sex workers after brothel raids including: separating victims and

sex workers from arrested suspected perpetrators; providing

appropriate and immediate victim counseling services and referrals

for further services; informing victims and sex workers about what

to expect while at police stations and courts; and, effectively

explaining to victims and sex workers why their statements to police

and court officials are important. The video will also be used to

train police trainers and is expected to be completed in May 2009,

with training to begin in Summer 2009. The training program is a

direct Cambodian government response to the need for screening of

persons rescued during brothel raids for TIP victims, and to reports

of human rights abuses associated with implementation of the new

law, described in Section 2C of this report.



In December 2008, the MOJ and MOI collaborated to conduct a joint

two-day training workshop on Guidelines on the Implementation of the

Law on Suppression of Human Trafficking and Sexual Exploitation

(detailed in Section 2C of this report). The training was funded

and partly organized by UNIAP and IJM. Attendance included: six



PHNOM PENH 00000114 014 OF 026





police officers from national-level Department of Anti-Human

Trafficking and Juvenile Protection, 24 police officers from

provincial Anti-Human Trafficking and Juvenile Protection offices,

21 provincial prosecutors, five staff people of various NGOs working

on trafficking issues, and representatives from UNICEF and The Asia

Foundation (TAF). In addition to sessions explaining human

trafficking articles and sexual exploitation articles of the law,

the Director of the police Anti-Human Trafficking and Juvenile

Protection Department provided a session on U.S. recommendations for

action in Cambodia.



The government's Royal Academy for Judicial Professionals (RAJP),

where judges and prosecutors are trained, is planning to incorporate

training on the Law on Suppression of Human Trafficking and Sexual

Exploitation as standard coursework into its 2009 syllabi. All

student and practicing judges and prosecutors are expected to

receive RAJP training on the law in 2009.



During the reporting period, the NTF conducted a workshop at the

National Assembly on parliamentarians' and senators' roles in

promoting the Law on Suppression of Human Trafficking and Sexual

Exploitation. The workshop was hosted by the National Assembly and

Senate Commissions on Health, Social Affairs, Veteran,

Rehabilitation, Vocational Training, Labor and Women's Affairs.



In late 2008, the MOJ provided training for select judges and

prosecutors sponsored by the Asia Regional Trafficking in Persons

Project (ARTIP) on the new law, related investigation techniques,

and evidence collection. UNIAP provided 2008 funding for MOJ

officials to train NGO staff and government officials, including

judges, prosecutors, and police officers in Sihanoukville, Siem Reap

and Koh Kong provinces on the new law.



The government, in cooperation with national and international

organizations and businesses such as IOM, IJM, LEASEC, ARTIP and

Microsoft, conducted training for police officers on investigation

techniques, surveillance, witness protection, case preparation and

management of trafficking cases and cases involving sexual abuse of

children. To date, more than 6,000 police officers have attended

specialized training courses, workshops and conferences, and

meetings on human trafficking and law enforcement. Some of these

trainings included instruction on the Law on Suppression of Human

Trafficking and Sexual Exploitation.



In 2008, UNICEF provided training courses for police officers on

investigation and victim welfare techniques for child rape cases.

In the past, UNICEF supported the Cambodian Bar Association 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.



DHS/ICE and the FBI reported participation of approximately 150

Phnom Penh, Siem Reap, and Sihanoukville police and NGO personnel in

PROTECT Act investigation training during the reporting period.



3G. (SBU) Does the government cooperate with other governments in

the investigation and prosecution of trafficking cases? If

possible, provide the number of cooperative international

investigations on trafficking during the reporting period.



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. Since the U.S. PROTECT Act was

passed in 2003, the Cambodian government has cooperated with the

U.S. in 19 cases, five of which have resulted in PROTECT Act

convictions, and two of which have resulted in convictions on

charges other than the PROTECT Act. During the reporting period,

there were four arrests made by the Cambodian National Police for

which DHS/ICE or the FBI are pursuing PROTECT Act charges. As of

February 2009, the Cambodian government was assisting the U.S. with

additional investigations of suspected American child sex

perpetrators in Cambodia.



In October 2004, the Cambodian Minister of Social Affairs 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. During



PHNOM PENH 00000114 015 OF 026





the reporting period, the Cambodian government has proven to be

engaged with and dedicated to the COMMIT agenda. The RGC

established a COMMIT National Training Program based on regional

training provided in Bangkok. In 2008, Cambodia trainers provided

instruction on anti-TIP prevention, protection, prosecution, and

policy for 122 government and NGO participants. The Cambodia COMMIT

Taskforce endorsed a December 2008 UNIAP study of Cambodian TIP

victims returned from Thailand (the study is detailed in Section 1D

of this report) with a statement that, "The RGC understands that

identifying the issues challenging accurate victim identification is

critical to ensuring that trafficking victims are correctly

identified and provided with the services and assistance they

deserve."



The governments of Cambodia and Thailand signed a Memorandum of

Understanding on Bilateral Cooperation for Eliminating Trafficking

in Children and Women and Asisting 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. During the Vietnamese prime minister's March 2006

visit to Cambodia, Vietnamese and Cambodian officials discussed

cross-border trafficking cases concerning Cambodian child beggars in

Vietnam. During 2008, there were a number of cross border meetings

between Vietnam and Cambodia on the implementation and possible

improvements to the bilateral MOU.



The Cambodian Police and MOJ cooperate with the Malaysian police on

cross-border TIP cases, but the process is still in its infancy.

According to the Law Enforcement Against Sexual Exploitation of

Children (LEASEC) program, the Cambodian government has made the

Malaysian government aware of TIP cases involving Cambodian

nationals in Malaysia since early 2002. LEASEC is a joint project

of the Cambodian government, UNICEF, IOM, World Vision, Save the

Children Norway, and the UN Cambodian Office of the High

Commissioner for Human Rights. Cambodia is now negotiating an MOU

on anti-trafficking with Malaysia similar to the MOU in place with

Vietnam.



Under the ARTIP project, police of ASEAN countries cooperate with

each other to exchange information and evidence on trafficking

cases, although there is yet to be a case specifically involving

Cambodia to date.



3H. (SBU) Does the government extradite persons who are charged

with trafficking in other countries? If so, please provide the

number of traffickers extradited during the reporting period, and

the number of trafficking extraditions pending. In particular,

please report on any pending or concluded extraditions of

trafficking offenders to the United States.



The governments of Cambodia and Thailand have an extradition treaty

which 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 admitted her

guilt. 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 deport into U.S. custody numerous Americans accused of

being child sex offenders.



3I. (SBU) 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 has a clear policy against human

trafficking. Senior government officials have spoken on a number of

occasions about a zero-tolerance policy toward human trafficking and

officials involved in trafficking. Because corruption is pervasive

in Cambodia, it is widely believed that some individual Cambodian

officials -- including police and judicial officials -- are involved



PHNOM PENH 00000114 016 OF 026





in various aspects of human trafficking, but firm evidence leading

to the prosecution of RGC officials is difficult to obtain.



3J. (SBU) If government officials are involved in trafficking, what

steps has the government taken to end such participation? Please

indicate the number of government officials investigated and

prosecuted for involvement in trafficking or trafficking-related

corruption during the reporting period. Have any been convicted?

What sentence(s) was imposed? Please specify if officials received

suspended sentences, or were given a fine, fired, or reassigned to

another position within the government as punishment. Please

indicate the number of convicted officials that received suspended

sentences or received only a fine as punishment.



Senior government officials have often stated that official

corruption that aids or abets trafficking or other crimes will not

be tolerated.



An investigation into the Chhay Hour II brothel case resulted in the

President of the Appeals Court, Ly Vouch Leang, being removed from

that position and from her position as a member of the Supreme

Council of Magistracy for trafficking-related corruption in 2007.

Three judges and one deputy prosecutor of the Appeals Court also

received official letters of reprimand as a result of the same

investigation. RGC officials reported that the investigations of

these officials are ongoing. The MOI Anti-Human Trafficking and

Juvenile Protection Department Director reported that since his

transfer to the department in 2007, he has administratively

transferred three police officers. During the reporting period, the

Director ensured that a Siem Reap police officer was demoted for

having leaked raid operation information to a brothel owner. In

2007, the Director administratively transferred two officers who

were convicted and sentenced to seven years in prison by the Phnom

Penh Municipal Court in 2006 for trafficking-related corruption.

The officers appealed, effectively stalling the judicial process on

their cases. The Anti-TIP Department Director stated that he had

the two officers removed to inactive positions within the MOI while

their case is under appeal.



In 2006, 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 Kampong Speu province. In August 2006, the Phnom Penh

Municipal Court convicted Touch Ngim to five years in prison; he is

currently serving his sentence.



3K. (SBU) 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 countries with federalist systems,

prostitution laws may be under state or local jurisdiction and may

differ among jurisdictions.



Prostitution in Cambodia has not been legalized, but the activities

of prostitutes are not criminalized. The new Law on Suppression of

Human Trafficking and Sexual Exploitation punishes the act of

prostitution in public as a misdemeanor related to the disruption of

public order. According to Article 24, "a person who intentionally

solicits another person in public in order to prostitute him/herself

shall be punished with one to six days in prison and a fine of 3,000

to 10,000 riel (USD 0.75 to USD 2.5)." However, prostitutes may not

be prosecuted for engaging in voluntary sex work. The new law

allows for prosecution of persons who exploited others for sex work,

such as facilitators, intermediaries, pimps, human traffickers, and

brothel owners. The law also stipulates penalties of between two to

20 years in prison, depending on the victim's age, the severity of

force used by the pimp, and the relationship between the pimp and

the victim.



Punishment for clients of prostituted minors is two to five years in

prison if the prostituted person is 15 to 18 years old; and seven to

15 years if the prostituted person is below age 15. Clients of

adult prostitution are not specifically addressed in the law. 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.



3L. (SBU) For countries that contribute troops to international



PHNOM PENH 00000114 017 OF 026





peacekeeping efforts, please indicate whether the government

vigorously investigated, prosecuted, convicted and sentenced

nationals of the country deployed abroad as part of a peacekeeping

or other similar mission who engaged in or facilitated severe forms

of trafficking or who exploited victims of such trafficking.



In 2008, 135 Royal Cambodian Armed Forces deminers and four

technical advisors were deployed to Sudan. There is no information

that any of the demining mission members engaged in, or facilitated,

severe forms of trafficking or exploited victims of such

trafficking. However, in May 2008, the NTF provided anti-TIP

training for the demining unit before they departed for Sudan.

Details of the training are included in Section 5G.



3M. (SBU) If the country has an identified problem of child sex

tourists coming to the country, what are the countries of origin for

sex tourists? How many foreign

pedophiles did the government prosecute or deport/extradite to their

country of origin? If your host country's nationals are

perpetrators of child sex tourism, do the country's child sexual

abuse laws have extraterritorial coverage (similar to the U.S.

PROTECT Act) to allow the prosecution of suspected sex tourists for

crimes committed abroad? If so, how many of the country's nationals

were prosecuted and/or convicted during the reporting period under

the extraterritorial provision(s) for traveling to other countries

to engage in child sex tourism?



Cambodia is identified as a destination point for pedophiles.

During the period covered in this report, MOI reported the arrests

of seven foreign nationals (four Americans, two French citizens, and

one Canadian citizen) for sexually abusing Cambodian children. In

2008, the Cambodian courts reported that they convicted a total of

six foreign nationals (one American, one Austrian citizen, one

French citizen, one German citizen, and two Russian citizens).

Prison sentences ranged from 6 months to 13 years and civil

compensation from USD 750 to USD 1,250.



The new Cambodian Law on Suppression of Human Trafficking and Sexual

Exploitation 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. There is no

information that Cambodian nationals have traveled to other

countries to engage in child sex tourism.



PROTECTION AND ASSISTANCE TO VICTIMS

--------------



4A. (SBU) What kind of protection is the government able under

existing law to provide for victims and witnesses? Does it provide

these protections in practice?



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. 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 the existence of 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.



The NTF drafted a National Minimum Standards Guide for Victim

Assistance after consultation with NGOs, IOs, and government

officials. The goal of the standards is to ensure appropriate

support, care, and services for human trafficking victims. The

National Minimum Standards are expected to be approved by the RGC

and distributed to government agencies and NGOs in late 2009.



4B. (SBU) Does the country have victim care facilities (shelters or

drop-in centers) which are accessible to trafficking victims? Do

foreign victims have the same access to care as domestic trafficking

victims? Where are child victims placed (e.g., in shelters, foster

care, or juvenile justice detention centers)? Does the country have

specialized care for adults in addition to children? Does the

country have specialized care for male victims as well as female?



PHNOM PENH 00000114 018 OF 026





Does the country have specialized facilities dedicated to helping

victims of trafficking? Are these facilities operated by the

government or by NGOs? What is the funding source of these

facilities? Please estimate the amount the government spent (in U.S.

dollar equivalent) on these specialized facilities dedicated to

helping trafficking victims during the reporting period.



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. Foreign

victims of trafficking have the same access to victim care

facilities as domestic trafficking victims. However, there is a

limited number of shelters with the ability to provide proper care

for foreign victims due to a lack of foreign language capabilities,

and sometimes due to perceptions about language barriers and

cultural differences.



When TIP victims were repatriated to Cambodia from Thailand, an

IOM-run Transit Center in Poipet staffed with MOSAVY and IOM staff

conducted preliminary assessments and assisted in tracing family

members and reintegrating victims into their home communities, or

placing victims at appropriate NGO shelters to serve their needs.

In 2008, MOSAVY identified 101 victims of trafficking from Thailand

and placed them at the Transit Center in Poipet.



For children who cannot be reintegrated into their communities, the

USG supports IOM and other NGO activities to provide long-term care

and reintegration assistance such as vocational training, job

placement, and income generation.



Most of the NGO 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 2008, the shelter assisted 84 victims of trafficking.

Victims were provided with medical, psychological and legal

services.



In December 2007, the Council for Legal and Judicial Reform, with

support from USAID, published a 65-page Legal Aid Services

directory, a province-by-province, nationwide directory of service

providers including information on which have lawyers or staff who

offer counseling and referral services, and specialties such as

human rights and women and children's issues, including trafficking

in persons.



4C. (SBU) Does the government provide trafficking victims with

access to legal, medical and psychological services? If so, please

specify the kind of assistance provided. Does the government provide

funding or other forms of support to foreign or domestic NGOs and/or

international organizations for providing these services to

trafficking victims? Please explain and provide any funding amounts

in U.S. dollar equivalent. If assistance provided was in-kind,

please specify exact assistance. Please specify if funding for

assistance comes from a federal budget or from regional or local

governments.



Because of inadequate resources, the Cambodian government relies

heavily on bilateral donors and multilateral institutions for

approximately 50 percent of its total annual national 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 MOSAVY continues to fund Seva Kahpia Komar (SKK) (Child

Protection Services),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.



4D. (SBU) Does the government assist foreign trafficking victims,

for example, by providing temporary to permanent residency status,

or other relief from deportation? If so, please explain.



The government's record in assisting victims of trafficking is

reasonably good, in view of its limited resources and lack of

insitutional capacity. Foreign victim assistance is usually

conducted by an NGO or international organization, or combination of

the two.



PHNOM PENH 00000114 019 OF 026







IOM has cooperated in training Cambodian government officials from

MOSAVY and MOI to repatriate Vietnamese victims. Four Vietnamese

victims were repatriated under this process in 2008 to Vietnam,

bringing the total number of repatriations to Vietnam to 93 since

the initiation of this project in June 1999.



Foreign trafficking victims are provided temporary residence in

shelters while awaiting repatriation. A number of NGO shelters

offer legal, education, and counseling services.



4E. (SBU) Does the government provide longer-term shelter or

housing benefits to victims or other resources to aid the victims in

rebuilding their lives?



As is the case with victim assistance services such as legal,

medical, psychological, and shorter-term shelter services, because

of inadequate resources, the Cambodian government relies on foreign

and domestic NGOs to provide services to victims of trafficking, a

situation that will likely persist for some time.



4F. (SBU) Does the government have a referral process to transfer

victims detained, arrested or placed in protective custody by law

enforcement authorities to institutions that provide short- or

long-term care (either government or NGO-run)?



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

are again interviewed for victim determination. MOSAVY reported

that 505 victims of sex trafficking were referred to them by local

police during the reporting period. The municipal and provincial

Department of Social Affairs, Veterans and Youth (DOSAVY) generally

refer the victims to short- or long-term NGO shelters for further

care depending on their needs. According to the MOI, 137 victims of

trafficking were rescued during the reporting period.



4G. (SBU) What is the total number of trafficking victims

identified during the reporting period? Of these, how many victims

were referred to care facilities for assistance by law enforcement

authorities during the reporting period? By social services

officials? What is the number of victims assisted by

government-funded assistance programs and those not funded by the

government during the reporting period?



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. Since its establishment in

June 2005, the center has assisted 227 trafficking victims.



The Healthcare Center for Children (HCC) reported that its shelter

in Koh Kong provided services to 143 victims of labor trafficking

and 13 victims of sex trafficking in 2008. Victims were referred to

HCC by other NGOs.



Through an IOM project on repatriation and reintegration of victims,

provincial and municipal DOSAVY officials and IOM staff screen and

refer victims repatriated from Thailand to appropriate NGOs. For

returnees from Vietnam, the project identifies victims of

trafficking and conducts family tracing searches to help victims

locate and reunite with their families. Through this IOM program,

160 Cambodian victims of trafficking from Vietnam and 54 from

Thailand were identified in 2008.



The NTF is currently developing a national minimum standard for

victim assistance and a victim assistance manual in order to better,

and more systematically, provide assistance to victims from the

point of rescue all the way through to reintegration.



4H. (SBU) Do the government's law enforcement, immigration, and

social services personnel have a formal system of proactively

identifying victims of trafficking among high-risk persons with whom

they come in contact (e.g., foreign persons arrested for

prostitution or immigration violations)? For countries with

legalized prostitution, does the government have a mechanism for

screening for trafficking victims among persons involved in the

legal/regulated commercial sex trade?



Law enforcement authorities conduct an initial screening for victims



PHNOM PENH 00000114 020 OF 026





of trafficking before referring them to the provincial and municipal

Departments of Social Affairs, where they will again be interviewed

for victim determination. MOSAVY reported 505 victims of sex

trafficking were referred to them by local police during the

reporting period.



Prostitution is not legalized in Cambodia. The new Law on the

Suppression of Human Trafficking and Sexual Exploitation

criminalizes the act of pimping, but does not punish prostitutes.



4I. (SBU) Are the rights of victims respected? Are trafficking

victims detained or jailed? If so, for how long? Are victims

fined? Are victims prosecuted for violations of other laws, such as

those governing immigration or prostitution?



When trafficking victims are identified, the rights of those victims

are respected in practice, and victims are not treated as criminals.

Victims of trafficking in persons crimes are not detained, jailed,

fined, or deported.



4J. (SBU) Does the government encourage victims to assist in the

investigation and prosecution of trafficking? How many victims

assisted in the investigation and prosecution of traffickers during

the reporting period? May victims file civil suits or seek legal

action against traffickers? Does anyone impede victim access to

such legal redress? If a victim is a material witness in a court

case against a former employer, is the victim permitted to obtain

other employment or to leave the country pending trial proceedings?

Are there means by which a victim may obtain restitution?



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 weak and frequently corrupt

legal system and lengthy legal process has discouraged victims from

seeking legal redress. NGOs reported that a majority of victims

would prefer an out-of-court settlement as the fast way to obtain

monetary compensation. If the court process is successful, the

victim is expected to wait until a perpetrator finishes a jail

sentence before obtaining compensation. The Law on Suppression of

Human Trafficking and Sexual Exploitation allows a victim to claim

restitution for damage done by the trafficking perpetrator.



4K. (SBU) Does the government provide any specialized training for

government officials in identifying trafficking victims 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? What

is the number of trafficking victims assisted by the host country's

embassies or consulates abroad during the reporting period? Please

explain the type of assistance provided (travel documents, referrals

to assistance, payment for transportation home).



As described in greater detail in Section 3F, the NTF, with

technical assistance from TAF and funded by USAID, is creating a

victim assistance training video and related program that will be

distributed in mid-2009 to police and other government officials,

and to NGOs providing victim assistance services. The training

program is a direct Cambodian government response to the need for

screening for TIP victims among persons rescued during police

operations, and to reports of human rights abuses associated with

implementation of the new law, described in Section 2C of this

report.



UNICEF provided technical assistance to the Anti-Human Trafficking

and Juvenile Protection police to improve investigation capacity and

to train officers on the rights of victims while victims are in

police custody.



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, IOM continued to provide technical

assistance to build the capacity of government officials in victim

assistance. For example, one IOM-funded project helps the



PHNOM PENH 00000114 021 OF 026





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.



UNICEF continued to work closely with the Anti-Trafficking and

Reintegration Office (ATRO) of MOSAVY to improve victim services.

UNICEF also supported nationwide social work training for MOSAVY

national-, provincial- and district-level staff. Building on an

inter-ministerial MOU on victim assistance, UNICEF in 2009 will

assist ATRO to conduct joint monitoring of shelters, together with

NGO partners. In cooperation with UNICEF Thailand, support has been

provided to enhance MOSAVY's cooperation with Thai authorities on

the repatriation of vulnerable migrants.



Embassies and consulates in foreign countries do not receive

training or sensitization related to trafficking and victim

assistance. However, former National Task Force Chair You Ay in

late 2009 assumed her new position as Cambodian Ambassador to

Thailand, a destination country for many Cambodian migrants and

trafficking victims. Cambodian NGOs working with Cambodian

trafficking victims in Malaysia voice frustration over many 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.



CWCC reported assisting the repatriation of 6 victims of trafficking

from Malaysia in 2008, most with the assistance of the Cambodian

embassy. The NGO reported cooperation from the embassy staff in

assisting the repatriation of these victims. The embassy is limited

in its ability to assist the victims financially, but would help

contacting the NGOs and arranging necessary documents to be

repatriated.



4L. (SBU) Does the government provide assistance, such as medical

aid, shelter, or financial help, to its nationals who are

repatriated as 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.



4M. (SBU) Which international organizations 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?



An estimated 90 NGOs work predominantly 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.



PREVENTION

--------------



5A. (SBU) Did the government conduct anti-trafficking information

or education campaigns during the reporting period? If so, briefly

describe the campaign(s),including their objectives and

effectiveness. Please provide the number of people reached by such

awareness efforts, if available. Do these campaigns target

potential trafficking victims and/or the demand for trafficking

(e.g., "clients" of prostitutes or beneficiaries of forced labor)?

(Note: This can be an especially noteworthy effort where

prostitution is legal. End Note.)



In September 2008, Cambodia's most popular television station, CTN,

broadcast an anti-TIP documentary created by the NTF with

USAID-funded technical assistance from TAF. The documentary included

footage from five anti-TIP provincial dialogues that occurred

earlier in the year; information about the Law on Suppression of

Human Trafficking and Sexual Exploitation; messages that the selling

or buying of one's own children is illegal; interviews with persons

who have been trafficked (facial images were blurred to protect

identities) informing viewers of ways in which perpetrators deceive

victims; information about how viewers can protect themselves from

becoming a victim; and, ways in which local authorities can be



PHNOM PENH 00000114 022 OF 026





helpful regarding anti-TIP.



From June to September 2008, the NTF worked with the international

NGO Equal Access to create and air a series of 30 radio programs

with anti-TIP messages. The program was jointly funded by TAF (with

financial support from USAID) and IOM. The radio programs included

information about the NTF and its activities at the national and

provincial levels; safe migration; and, the content of the Law on

Suppression of Human Trafficking and Sexual Exploitation. Equal

Access shows are broadcast on nine radio FM stations covering

approximately 85 percent of Cambodia's territory and off the coast

of Thailand where there are Cambodian nationals working on fishing

boats. In addition, MOWA staff received training from Equal Access

to conduct Friday call-in radio shows in two provinces on the border

with Thailand and in Sihanoukville. MOWA officials encourage

listeners to call in with questions related to trafficking in

persons, and provide information about how listeners can avoid

becoming victims.



During the rating period, the RGC, in partnership with ILO-IPEC,

World Vision, Friends International, and ChildSafe, conducted a

"Child Safe Tourism" campaign that teaches trainees to identify and

protect potential victims of child sex predators. Training was

conducted in Phnom Penh, Sihanoukville, and Siem Reap with 103

government and NGO participants. Child Safe Tourism workshops

provided training to 1,675 government officials, travel agencies,

entertainment establishments, and university students.



In March 2008 the NTF launched a nationwide anti-trafficking

campaign using positive messages incorporating Khmer values and

cultural traditions to persuade Cambodians to take action against

human trafficking. The NTF recruited American pop singer Robbin

Thompson to record an uplifting anti-trafficking song in Khmer as

part of the national campaign. The song was incorporated into an

anti-TIP public service announcement that was televised nationally,

and into a karaoke video that was distributed to a number of karaoke

parlors. The campaign emphasized trafficking as a national priority

and launched a national dialogue on trafficking via public forums in

five provinces across Cambodia. The forums also served to inform

communities of the new anti-TIP law, forms of trafficking, new

trafficking trends based on NTF data, and the key message that

government authorities and communities must work together to prevent

trafficking. Public forums provided feedback and recommendations

for the development of provincial action plans against trafficking.

Clips of the public service announcement and karaoke video produced

for the campaign are available on www.YouTube.com.



The MOSAVY continued to work 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.



The Ministry of Tourism (MOT),in collaboration with World Vision,

continued to produce pamphlets and advertisements for tourist

brochures and maps that warn tourists of the penalties for engaging

in child sex. 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. The MOT

continued to support the ChildSafe Program which builds a network of

people to protect children at risk of trafficking and sexual abuse

in the main tourist centers of Phnom Penh, Sihanoukville, and Siem

Reap.



In January and February 2009, three of Cambodia's national

television stations aired 30-minute CWCC-led roundtable discussions

on the impact of migration within Cambodia, and on girls' rights to

education. The roundtables included representatives from the MOI,

MOWA, Ministry of Education, and Ministry of Labor and Vocational

Training. UNICEF also funded television spots educating the public

about the danger of trafficking and associated penalties. The

Women's Media Center produced and broadcast a television show to

raise awareness about trafficking in persons and rape.



5B. (SBU) 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



PHNOM PENH 00000114 023 OF 026





borders.



In February 2008, the Ministry of Labor and Vocational Training

(MOLVT) launched the Labor Migration Information System (LMIS) to

record the numbers of migrant workers departing Cambodia. According

to the MOLVT, eight companies provided migration statistics for the

system, reporting 2,116 labor migrants to Thailand in 2008. IOM

funded the creation of LMIS in 2007.



The U.S. and Australian governments have helped the Cambodian

government set up computerized immigration systems in its national

airports in Phnom Penh and Siem Reap 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.



5C. (SBU) 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?



In April 2007, the government launched the NTF to coordinate 11

government ministries, three government agencies, and more than 200

international and local anti-TIP NGOs. Deputy Prime Minister and

Minister of Interior Sar Kheng has played a leading role in the

government structure through his chairing of the NTF oversight

mechanism called the "High Level Working Group" (HLWG).



The NTF has taken an innovative approach to synchronize

anti-trafficking services, raise awareness through media campaigns,

and foster government-NGO cooperation to end trafficking. The NTF

is divided into five thematic working groups that focus on

preventing human trafficking, protecting at-risk groups, prosecuting

traffickers, supervising the implementation of MOUs and bilateral

agreements, and monitoring activities at the provincial level. The

working groups are chaired by government ministers with elected NGO

representatives serving as vice chairs.



As stated in Section 2A above, during the reporting period, the NTF

completed its establishment of all 24 municipal and provincial

anti-TIP working groups led by governors and deputy governors (these

administrative areas were changed in late 2008 to 23 provinces and

one capital city). The working groups were instructed by the HLWG

to create provincial action plans, and were generally expected to

monitor entertainment and other establishments for TIP cases; inform

police of suspected cases; and, regularly report activity to the

HLWG. The working groups of Siem Reap and Svay Rieng Provinces have

served as models for other provinces. TAF, funded by USAID, has

worked closely with the model working groups to develop structured,

realistic action plans partly based on input from the 2008

provincial dialogues and aligned with Cambodia's draft National Plan

of Action. IOM worked closely with the Koh Kong Province working

group to help develop a Koh Kong action plan.



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 2006, the government established an Anti-Corruption Body in lieu

of a public corruption task force but it remains largely inactive.



5D. (SBU) Does the government have a national plan of action to

address trafficking in persons? If the plan was developed during

the reporting period, which agencies were involved in developing it?

Were NGOs consulted in the process? What steps has the government

taken to implement the action plan?



The Cambodian government, led by the Cambodian National Council for

Children (CNCC),drafted a second five-year National Plan of Action.

The draft plan, meant to cover the period 2006-2010, follows the

National Plan developed in 1999. The plan was initially intended to

cover only children's issues, and was updated in 2008 to include

trafficking in persons goals. The new plan will harmonize

Cambodia's ongoing anti-TIP activities with the responsibilities

Cambodia assumed under the Coordinated Mekong Inter-Ministerial

Initiative on Trafficking (COMMIT) MOU of October 2004. The new

plan was developed and finalized in 2006, with input from NGOs and

stakeholders, but with the revisions to include trafficking in

persons, it is still at the Council of Ministers for final review.

Responsibilities over the new plan have now been transferred to the

National Task Force to supervise its implementation. The National

Plan of Action was not yet officially approved at the end of the



PHNOM PENH 00000114 024 OF 026





reporting period; however, many of the activities in the plan have

already been carried out at the national and local level.



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.



As described in detail in Section 5C above, provincial anti-TIP

working groups were tasked by the NTF to develop provincial-level

action plans. Siem Reap and Svay Rieng have the most advanced

action plans to date that have served as models for other

provinces.



In October 2005, the Cambodian government, represented by 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.



5E. (SBU) What measures has the government taken during the

reporting period to reduce the demand for commercial sex acts?



The government is limited in its resources to fund programs aimed at

reducing the demand for commercial sex acts. NGOs such as CWCC and

the Women's Media Center have produced television spots and drama

aimed at educating men not to engage in commercial sex acts. The

shows continued to be televised during the rating period. The

government has been supportive of these programs.



5F. (SBU) What measures has the government taken during the

reporting period to reduce the participation in international child

sex tourism by nationals of the country?



There are no reports of Cambodian nationals participating in child

sex tourism in other countries.



5G. (SBU) Required of posts in countries that have contributed over

100 troops to international peacekeeping efforts (Argentina,

Australia, Austria, Bangladesh, Belgium, Benin, Bolivia, Brazil,

Cambodia, Cameroon, Canada, Chile, China, Cote d'Ivoire, Croatia,

Egypt, El Salvador, Ethiopia, Fiji, France, Gambia, Germany, Ghana,

Greece, Guatemala, Hungary, India, Indonesia, Italy, Jordan, Kenya,

Korea (South),Malawi, Malaysia, Mali, Mongolia, Morocco, Nepal,

Niger, Nigeria, Pakistan, Peru, Philippines, Poland, Portugal,

Romania, Russia, Rwanda, Senegal, Slovakia, South Africa, Spain, Sri

Lanka, Tanzania, Togo, Tunisia, Turkey, Uganda, Ukraine, United

Kingdom, Uruguay, Yemen, Zambia, and Zimbabwe): What measures has

the government adopted to ensure that its nationals who are deployed

abroad as part of a peacekeeping or other similar mission do not

engage in or facilitate severe forms of trafficking or exploit

victims of such trafficking? If posts do not provide an answer to

this question, the Department may consider including a statement in

the country assessment to the effect that "An assessment regarding

Country X's efforts to ensure that its troops deployed abroad for

international peacekeeping missions do not engage in or facilitate

trafficking or exploit trafficking victims was unavailable for this

reporting period."



On May 30, 2008, the NTF provided an anti-TIP training session to

115 Royal Cambodian Armed Forces troops at the Cambodia Training

Mine/UXO Clearance Center who were preparing to deploy to Sudan on a

one-year de-mining mission. De-mining troops were the only troops

that Cambodia sent on a peacekeeping or similar mission abroad

during the reporting period. The NTF designated a TAF Cambodian

national program officer to conduct the training which covered

topics such as definitions of various types of TIP, an overview of

Cambodia's anti-TIP and sexual exploitation law, and information

about the RGC's commitment to combating TIP.



Anti-TIP Hero

--------------



6. APLE Cambodia Country Director Seila Samleang



Seila Samleang began as an investigator with Action Pour Les Enfants

(APLE) Cambodia in 2005, and became the Cambodia office's first

Cambodian national Country Director in 2007. Since his assumption

of the director position, Seila has effectively used the press to

help pressure the government to pay closer attention to TIP court



PHNOM PENH 00000114 025 OF 026





cases. When courts have convicted child sex abusers on charges that

seem inappropriately matched with the crime, Seila provides

assessments to media outlets, government officials, NGOs, and the

international community in Phnom Penh regarding the inconsistencies

of court decisions. His efforts have informed MOJ and NTF officials

about how courts are using a new, complicated Law on Suppression of

Human Trafficking and Sexual Exploitation, so that the MOJ and the

Royal Academy of Judicial Professionals can better target training

of judges and prosecutors to properly use the law. Under Seila's

leadership, APLE has rescued and protected hundreds of children from

child sexual exploitation and abuse. APLE Cambodia's mission is to

reduce the incidence of child sexual exploitation and associated

human trafficking crimes in Cambodian. The organization assists the

Cambodian National Police with investigations and raids to increase

the number of successful prosecutions, convictions and serious

sentences of sex predators. The organization also seeks to:

increase the level of access to legal protection for victims; reduce

the effects of trauma caused by pedophiles; and, improve current

conditions of impunity and legal accountability. Since APLE was

established in Cambodia in 2003, 187 victims have been rescued, and

82 perpetrators arrested and sent to court to face trial.



Best Practices

--------------



7. Cambodia's anti-TIP National Task Force: In April 2007, the RGC

took the lead in combating trafficking launching a National Task

Force (NTF) to coordinate 11 government ministries, three government

agencies, and more than 200 international and local anti-TIP NGOs.

The NTF has taken an innovative approach to synchronize

anti-trafficking services, raise awareness through media campaigns,

and foster government-NGO cooperation to end trafficking. Deputy

Prime Minister and Minister of Interior Sar Kheng has also played a

leading role in anti-TIP efforts at the highest levels of the

government. DPM Sar Kheng serves as Chair of the NTF oversight

mechanism, the "High Level Working Group" (HLWG). The NTF is

divided into five thematic working groups that focus on preventing

human trafficking, protecting at-risk groups, prosecuting

traffickers, supervising the implementation of MOUs and bilateral

agreements, and monitoring activities at the provincial level. The

working groups are chaired by government ministers with elected NGO

representatives serving as vice chairs. Working groups and smaller,

targeted cluster groups address priority areas, and have already

resulted in important achievements, such as:



-- 2008: Creation of provincial level working groups in all 24 of

Cambodia's provinces and municipalities. Provincial working groups

are expected to report to the HLWG Level Working Group, and to enact

provincial-level action plans. Viable action plans have been

drafted for at least two provinces, and serve as model action plans

for all provinces.



-- March 2008: The NTF's launch of a nationwide anti-trafficking

campaign using positive messages incorporating Khmer values and

cultural traditions to persuade Cambodians to take action against

human trafficking. The NTF recruited American pop singer Robbin

Thompson to record an uplifting anti-trafficking song (in Khmer) as

part of the national campaign. The campaign emphasized trafficking

as a national priority and launched a national dialogue on

trafficking with public forums in five provinces across Cambodia.

The forums also served to inform communities of the new anti-TIP

law, forms of trafficking, new trafficking trends based on NTF data,

and the key message that government authorities and communities must

work together to prevent trafficking. Public forums provided

feedback and recommendations for the development of provincial

action plans against trafficking.



-- Ongoing: Preparations for ChildSafe practices training for heads

of all provincial task forces. ChildSafe training teaches

trafficking and exploitation prevention measures.



-- Ongoing: Development of a nationwide set of indicators for

trafficking data, and standardized methodologies for data

collection. Resulting data will assist the government to develop

effective anti-TIP policies. The NTF launched its first national

data mechanism in June 2008.



-- Ongoing: Research and assessment to set a national standard for

victim assistance, including a standardized training program and

toolkit for government and NGO service providers. The national

standard will ensure that every victim, regardless of the location

or agency from which they receive assistance, can expect to receive

a tested and effective standard of care.



PHNOM PENH 00000114 026 OF 026







Staff Time

--------------



8. (SBU) Political Officers Janet Deutsch, Melissa Sweeney, and

Gregory Lawless drafted and edited this submission and estimated

that the drafting of this report required 40 hours of staff time;

separately two LES political assistants spent 80 hours helping draft

this report. Embassy POC for this cable is Acting Deputy Chief of

Mission Gregory Lawless (T. 855-023-728-126).



Abbreviations

--------------



9. (U) Following are 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

AIDTouS: Association Internationale pour le Developpement le

Tourisme et la Sant

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 (local jurisdiction of MOSAVY)

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

NTF: The National Task Force to Eliminate Trafficking in Persons

RGC: Royal Government of Cambodia

RSJP: Royal School of Judges and Prosecutors

SKK: Seva Kahpia 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





RODLEY