RECOMMENDATIONS FOR CAMBODIA:
Finalize and implement a nationwide protocol for the proactive
identification of victims among vulnerable groups; increase the availability of services for male victims,
especially men exploited in commercial fishing; increase efforts to vigorously investigate and prosecute
trafficking offenses and convict and punish labor and sex traffickers, individuals who purchase commercial sex acts
from children, and complicit officials; issue an executive decree (prakas) or other official guidance authorizing
the use of undercover investigative techniques in the enforcement of the anti-trafficking law; establish systematic
procedures and allocate resources to assist Cambodian victims through diplomatic missions abroad or in countries
without Cambodian diplomatic representation; implement a system for monitoring, collecting, and reporting data on
anti-trafficking law enforcement and victim protection efforts; allocate sufficient funding for the implementation
of the national action plan to combat trafficking; develop a policy for formally transferring custody of child
victims to NGOs; increase efforts to make court processes more sensitive to the needs and interests of victims,
including through the provision of witness protection and options for compensation; and continue public awareness
campaigns aimed at reducing the demand for commercial sex and child sex tourism, with an increased focus on
addressing the local demand.
PROSECUTION
The government lacked comprehensive data on law enforcement efforts, but information collected from various sources
suggests modest progress in prosecutions and convictions.The 2008 Law on the Suppression of Human Trafficking and
Commercial Sexual Exploitation explicitly addresses trafficking offenses in 12 of its 30 articles. The law
prohibits all forms of trafficking and prescribes penalties that are sufficiently stringent and commensurate with
other serious crimes, such as rape. Authorities often lacked familiarity with the anti-trafficking law and used
provisions of Cambodia’s penal code to prosecute trafficking offenses. The government did not provide comprehensive
data on anti-trafficking law enforcement efforts. Authorities reported prosecuting 21 suspected traffickers, but
independent sources reported the government prosecuted at least 53 suspects under its anti- trafficking law or
comparable provisions in the penal code including 41 for sex trafficking and 12 for labor trafficking. Reports from
the government, media, and NGOs indicate the government convicted at least 22 sex traffickers and 7 labor
traffickers, an increase from 18 traffickers convicted during the previous year. Convicted traffickers received
sentences ranging from two to 15 years’ imprisonment. In April 2014, the government convicted six Taiwanese
nationals for the forced labor of hundreds of Cambodian men in the commercial fishing sector; one trafficker is
serving her sentence and the others remain at large.
The government continued to design and deliver donor-funded training on the implementation of the anti-trafficking
law, reaching more than 2,500 law enforcement and judicial officials. Local organizations and some officials
recognized an urgent need for more sophisticated evidence collection techniques, including undercover
investigations, to decrease the reliance on witness testimony and adapt to the increasingly clandestine nature of
sex trafficking in Cambodia.The government did not issue guidance granting explicit approval of undercover evidence
collection in human trafficking cases; in the absence of such guidance, prosecutors denied investigators’ requests,
which effectively forced them to close some investigations.An NGO reported that officials rarely pursued
prosecutions in cases of cross-border trafficking, despite many victims’ willingness to cooperate with
officials.
Endemic corruption at all levels of the Cambodian government severely limited the ability of individual officials
to make progress in holding traffickers accountable. Local experts reported one successful case in which
authorities prosecuted and convicted six sex traffickers known to have previously received protection from arrest
by military police leaders.The government investigated allegations of corruption against one police officer and
dismissed him from his position; it did not prosecute or convict any government employees complicit in trafficking
nor did it take any punitive measures against Phnom Penh’s former anti-trafficking police chief, whose 2011
conviction for human trafficking was overturned in an unannounced, closed-door Supreme Court hearing during the
previous reporting period.
PROTECTION
The government continued to identify victims and refer them to NGOs, but overall victim protection remained
inadequate. The government did not finalize guidelines for a standardized, nationwide system for the proactive
identification of victims among vulnerable groups; it expanded a pilot program to test draft guidelines in five
provinces, but despite more than five years of development, the guidelines were not completed. With assistance from
an international organization, the government continued to operate a transit center in Poipet, where it screened
for trafficking victims among the approximately 50,000 migrants deported from Thailand in 2014; it identified 336
victims and provided them temporary shelter. The government operated a temporary shelter in Phnom Penh for female
victims of trafficking and other crimes, and it referred trafficking victims to NGO shelters—most of which cared
for victims of several forms of abuse—but did not provide further assistance. Unlike in previous years, authorities
did not provide complete statistics on the number of victims it assisted or referred, and the total number of
victims identified or assisted by the government or NGOs is unknown. Local police referred 326 sex trafficking
victims to provincial agencies for NGO referrals, an increase from 151 referred in the previous year. Two NGOs
provided shelter and services to 222 victims without government support.The government did not develop a policy to
transfer custody of child victims to NGOs, leaving organizations that accepted child victims vulnerable to court
action against them. Government officials at times returned children to high-risk environments if family members
would not consent to temporary guardianship in a shelter. Despite a prevalence of male victims, assistance for this
population was limited to ad hoc sheltering in facilities that lacked experience caring for victims.The Cambodian
government required foreign victims to be repatriated to their home countries and did not provide legal
alternatives to their removal should they face hardship or retribution upon return to their countries of origin; 21
victims were repatriated to Vietnam during the reporting period.
The government did not have adequate procedures in place for assisting victims identified abroad. Diplomatic
missions overseas lacked adequate funding or capacity to provide basic assistance or repatriate victims; victims
identified in countries without Cambodian diplomatic representation had access to even less support. International
and local NGOs assisted in the repatriation of labor trafficking victims from Thailand, Malaysia, Indonesia, and
China, including at least 93 subjected to forced labor on commercial fishing vessels. Cambodian authorities
received 436 victims identified and repatriated by the Thai and Vietnamese governments.There were no reports that
individuals identified as victims were punished for crimes committed as a result of being
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