COMFREL
MEETING
ON
TRAFFICKING


Phnom
Penh,
16
July
2008







Excellency,
Ladies
and
Gentlemen,


I
should
like
to
thank
COMFREL
for
the
opportunity
to
speak
to
you
today.


LSCW
 works
 to
 prevent
 human
 trafDicking
 and
 the
 exploitation
 of
 Cambodian

migrants.
 This
 morning,
 I
 want
 brieDly
 to
 share
 with
 you
 our
 views
 on
 some
 of

the
challenges
facing
Cambodia
as
it
seeks
to
implement
its
new
anti‐trafDicking

law.



The
new
trafDicking
law


As
many
of
you
will
know,
the
Law
on
the
Suppression
of
Human
TrafDicking
and

Sexual
 Exploitation
 came
 into
 force
 in
 February.
 In
 brief,
 the
 new
 law
 aims
 to

address
four
key
areas.


First,
it
deDines
trafDicking
and
creates
a
number
of
new
criminal
offences.
These

are
aimed
at
prosecuting
trafDickers
and
those
who
assist
them.
The
law
applies

to
 trafDicking
 within
 Cambodia
 and
 also
 to
 cross‐border
 trafDicking
 to
 other

countries.



Secondly,
 it
 creates
 criminal
 offences
 relating
 to
 prostitution
 and
 child

prostitution.
The
law
does
not
criminalise
prostitution
–
and
it
is
not
intended
to

prosecute
sex
workers
–
but
it
targets
those
who
procure,
manage
and
facilitate

prostitution.



Thirdly,
 the
 new
 law
 makes
 it
 a
 criminal
 offence
 to
 produce,
 sell
 or
 display

pornography.

And
 Dinally,
 it
 criminalises
 sexual
 intercourse
 or
 acts
 of
 indecency
 committed

with
children
under
the
age
of
Difteen.



Cambodia’s
 lawmakers
 deserve
 credit
 for
 enacting
 the
 new
 law.
 However,
 the

law
 can
 only
 be
 effective
 in
 countering
 human
 trafDicking
 if
 it
 is
 properly

implemented.
 In
 my
 view,
 there
 are
 currently
 three
 challenges
 to

implementation.



Challenge
1:
Training


The
 Dirst
 challenge
 is
 one
 of
 training.
 If
 the
 law
 is
 to
 work
 in
 practice,
 all
 those

who
 are
 charged
 with
 its
 enforcement
 must
 understand
 the
 law,
 and
 just
 as

importantly,
understand
the
concept
of
human
trafDicking.



They
 need
 to
 understand
 that
 victims
 of
 trafDicking
 have
 no
 freedom
 of
 choice.

Victims
 may
 be
 committing
 criminal
 acts,
 but
 they
 do
 so
 involuntarily
 and

because
they
are
forced
to
do
things
against
their
will.



Law
enforcers
need
to
understand
that
all
people
–
men,
women
and
children
–

can
 become
 victims.
 Many
 victims
 of
 trafDicking
 are
 also
 victims
 of
 sexual

exploitation,
 but
 they
 may
 also
 be
 illegal
 migrants,
 unregistered
 workers
 or

street
beggars.



Law
enforcers
need
to
understand
the
new
criminal
offences
that
the
trafDicking

law
creates.
They
also
need
to
be
clear
about
what
the
law
does
not
criminalise.

This
is
particularly
important
in
relation
to
sex
work
and
prostitution.



If
 the
 law
 is
 to
 work,
 all
 those
 charged
 with
 law
 enforcement
 and
 the

administration
 of
 justice
 –
 from
 the
 police
 and
 investigating
 magistrates
 to

prosecutors,
judges
and
government
ofDicials
–
need
to
receive
adequate
training

on
human
trafDicking.





Challenge
2:
Conduct


The
second
challenge
is
one
of
conduct.
By
‘conduct’,
I
mean
the
behaviour
and

attitude
of
those
who
work
with
victims
of
trafDicking.



All
too
often,
trafDicking
victims
are
perceived
and
treated
as
criminals.
This
is
a

particular
problem
with
victims
who
are
forced
to
work
in
the
sex
industry.
It
is

also
a
problem
with
victims
who
are
trafDicked
to
foreign
countries
and
then,
as

illegal
migrants,
are
exploited
at
work.



Those
 in
 positions
 of
 authority
 –
 and
 especially
 the
 police,
 who
 will
 often
 be
 a

Dirst
 point
 of
 contact
 –
 need
 to
 be
 able
 to
 differentiate
 between
 criminals
 and

victims.
They
need
to
treat
trafDicked
persons
as
victims
who
require
and
should

be
entitled
to
support
and
assistance.



It
is
surely
in
the
interests
of
law
enforcement
to
support
victims
of
trafDicking.
A

victim
 who
 receives
 proper
 support
 is
 more
 likely
 to
 pursue
 a
 criminal
 or
 civil

case
 against
 their
 trafDicker.
 This,
 in
 turn,
 makes
 it
 easier
 for
 the
 police
 and

courts
to
bring
successful
prosecutions
against
offenders.
The
legal
system
needs

to
 provide
 justice
 for
 victims,
 appropriate
 punishment
 for
 offenders,
 and
 a

deterrent
against
future
trafDicking.



LSCW
is
one
of
a
number
of
NGOs
working
in
this
area.
By
working
together,
the

government
and
non‐governmental
sectors
in
Cambodia
should
be
able
to
meet

the
challenge
of
providing
support
and
assistance
for
trafDicking
victims.



Challenge
3:
Regional
co­operation


The
 third
 challenge
 is
 one
 of
 regional
 co‐operation.
 TrafDicking
 is
 not
 solely
 a

Cambodian
problem
–
it
affects
the
entire
Greater
Mekong
region
–
and
it
is
not
a

problem
that
can
be
solved
by
Cambodia
alone.



Cambodia
 already
 has
 memoranda
 of
 understanding
 with
 the
 governments
 of

Thailand
 and
 Vietnam.
 It
 is
 a
 member
 of
 the
 COMMIT
 Process,
 which
 seeks
 to

coordinate
government
anti‐trafDicking
measures
across
the
region.
These
efforts

are
 to
 be
 commended.
 However,
 we
 need
 to
 see
 the
 bilateral
 and
 regional

agreements
that
Cambodia
has
undertaken
not
as
solutions
in
themselves,
but
as

starting
points
for
real
and
practical
collaboration
to
Dight
trafDicking.



Many
 Cambodian
 victims
 will
 ultimately
 have
 a
 foreign
 destination.
 Cambodia


needs
 to
 ensure
 that
 foreign
 governments
 treat
 its
 citizens
 appropriately.

Governments
and
organisations
across
the
region
need
to
share
their
knowledge

and
 expertise
 to
 provide
 co‐ordinated
 and
 effective
 responses
 to
 cases
 of

trafDicking.
Victims
need
support
throughout
the
process
of
repatriation
and
re‐
integration.



Cambodia
 must
 ensure
 that
 foreign
 support
 does
 not
 end
 at
 the
 Cambodian

border.
Victims
should
have
access
to
legal
remedies
in
foreign
jurisdictions,
and

the
help
of
foreign
law
enforcers
is
needed
to
secure
convictions
for
cross‐border

trafDickers.



Conclusion


This
 is
 only
 a
 brief
 overview
 of
 the
 challenges
 that
 we
 face
 in
 Dighting
 human

trafDicking
 in
 Cambodia.
 The
 new
 trafDicking
 law
 is
 an
 important
 step
 and
 we

must
ensure
that
it
is
used
to
its
full
effect.



Thank
you.