U.S. Department of State 2007 Trafficking in Persons Report - Cambodia

Cambodia (Tier 2 Watch List)

Cambodia is a source, transit, and destination country for men, women, and children trafficked for the purposes of commercial sexual exploitation and forced labor. Cambodian women and children are trafficked to Thailand and Malaysia for sexual exploitation and forced labor in factories or as domestic servants, while Cambodian men are trafficked for forced labor in the agriculture, fishing, and construction sectors in these countries. Cambodian children are trafficked to Vietnam and Thailand for forced begging. Cambodia is a transit and destination country for the trafficking of Vietnamese and Chinese women and children for sexual exploitation. Sex trafficking of women and children occurs within Cambodia's borders, from rural areas to cities such as Phnom Penh, Siem Reap, and Sihanoukville.

The Government of Cambodia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Cambodia is placed on Tier 2 Watch List for the second consecutive year because it failed to show evidence of increasing efforts to combat trafficking in persons, particularly in addressing reports of public officials' complicity in trafficking. Although senior level government officials are committed to anti-trafficking efforts, there are reports that public officials' complicity in trafficking limited the government's success in combating trafficking. The government also failed to pass a much-needed comprehensive anti-trafficking law that has been in the drafting process for the past seven years. Cambodia should pass and enact comprehensive anti-trafficking legislation and make greater efforts to prosecute and convict public officials who profit from or are involved in trafficking.

Prosecution

The Cambodian government demonstrated minimal progress in its anti-trafficking law enforcement efforts. Cambodia prohibits most, but not all forms of trafficking through its 1996 Law on the Suppression of the Kidnapping, Trafficking and Exploitation of Humans, and its 1997 Labor Law which covers debt bondage, slavery, and forced child labor. Penalties for trafficking for commercial sexual exploitation are commensurate with those for rape. The laws prescribe penalties for trafficking that are sufficiently stringent. Cambodia's police investigated 49 cases of human trafficking involving 65 perpetrators, of which 10 convictions were handed down over the past year, with penalties ranging from 1 to 18 years' imprisonment. In 2006, 37 cases were tried in the Phnom Penh Municipal Court, resulting in the conviction of 53 perpetrators, with penalties ranging from 5 to 24 years' imprisonment. An anti-trafficking NGO reported the arrests of 21 suspected traffickers and convictions of 28 traffickers in 2006, with penalties ranging between 1 and 19 years' imprisonment, and civil compensation to the victims of between 3 million and 10 million riels ($750-2,500). It is possible that some of these statistics overlap as there is no consolidated data collection in Cambodia. During the year, the government prosecuted several police officials for trafficking-related corruption charges. The former Deputy Director of the Police Anti-Human Trafficking and Juvenile Protection Department was convicted for complicity in trafficking and sentenced to five years' imprisonment; two officials under his supervision were also convicted and sentenced to seven years' imprisonment. Police arrested two military officers and one member of the military police for running brothels and trafficking; one was sentenced to a five-year suspended sentence and fined five million riels ($1,250). In late 2006, an Appeals Court released the owner and manager, of a notorious brothel known for trafficking of young girls and women. The brothel re-opened under a new name and in early 2007, police conducted a raid and re-arrested the owner, manager and two others. The Prime Minister urged the Supreme Council of the Magistrate to investigate the Appeals Court decision. Svay Pak, a notorious brothel area in Phnom Penh that had been shut down in 2005 by police anti-trafficking operations, began operating again in early 2007.

Child Sex Tourism

In 2006, 13 foreign child sex tourists were arrested by Cambodian police and three were prosecuted to conviction, with sentences ranging from 1 to 18 years' imprisonment. One American citizen charged with pedophilia was released on bail in Sihanoukville under questionable circumstances. Cambodia continued to assist U. S. law enforcement authorities in the transfer to U. S. custody of Americans who have sexually exploited children in Cambodia. During the past year, Cambodia coordinated the deportation of one American national who was accused of child sex tourism for prosecution in the United States under the extraterritorial provisions of the U. S. Government's PROTECT Act. Additionally, Cambodia assisted in the deportation of two other American nationals with outstanding U. S. charges for child sexual exploitation and child pornography.

Protection

The Government of Cambodia continued to provide limited assistance to victims, while relying on NGOs and international organizations for the bulk of victim protective services. The Ministry of Social Affairs, Veterans, and Youth Rehabilitation (MOSAVY) operates two temporary shelters and collaborates with NGOs to assist initial reintegration of victims. Victims are encouraged by police to provide testimony, but credible fears of retaliation from traffickers continue to prevent many victims or witnesses from collaborating with law enforcement. Victims may file civil suits and pursue legal action against traffickers. The rights of victims are respected and they are not detained, jailed, fined, or deported. Law enforcement and immigration officials implement formal procedures to identify victims among vulnerable groups, such as girls in prostitution, and to refer them to provincial and municipal Departments of Social Affairs, where they are interviewed and referred to short- or long-term NGO shelters depending on their needs. In 2006, 252 Cambodian victims who had been trafficked to Thailand were repatriated by the Thai government in coordination with MOSAVY and Cambodian NGOs. The Ministry of Tourism provided workshops to hospitality industry owners and staff on how to identify and intervene in cases of trafficking or sexual exploitation of children.

Prevention

The Cambodian government demonstrated modest efforts to prevent trafficking. The Ministry of Interior's Anti-Trafficking Police Unit conducted education campaigns targeting school children about the risks of trafficking and their rights. During 2006, the police campaign reached approximately 20,000 students in Siem Reap and 3,000 students in Phnom Penh. Working with NGOs and international organizations, the government implemented a national public awareness campaign through posters, television, radio, and use of traditional Cambodian theater. Cambodia has not ratified the 2000 UN TIP Protocol.