One reason that Cambodia’s 1996 anti-trafficking law (the Law on Suppression of Kidnapping, Trafficking and Exportation of Human Persons, hereinafter “LSKTEHP”) was widely criticized was that the law and other related laws (especially immigration laws) were used to punish victims of Cambodia is situated in South-East Asia and is home to 15.14 million people. 240p. Law on Immigration 16 iii. Under this legislation, the State Department is required to produce an annual report measuring countries’ anti-trafficking efforts. Who does not want to end “modern day slavery” and punish ruthless criminals preying on women and children? Cambodia Law on Suppression of Human Trafficking and Sexual Exploitation ... traffickers than previously existing legislation on human trafficking in Cambodia. Cambodian law outlined channels for victim restitution, and contacts reported an increase in the number of verdicts ordering traffickers to pay some form of financial recompense to victims. The Cambodian Criminal Justice System unequally penalizes the poorest, most desperate, most vulnerable, and most uninformed Cambodians. See it. In the mid 1990’s the US government began focusing increased attention on trafficking. Trafficking, when it happens, is a symptom not a cause of social inequality. The Report Trafficking in persons from Cambodia, Lao PDR and Myanmar to Thailand is the result of an intensive UNODC and TIJ collaboration under this project to collect and review information on trafficking-related flows of people from the target countries of Cambodia, Lao PDR and Myanmar to Thailand. DEFINITION OF HUMAN TRAFFICKING 4 B. CAMBODIA’S COUNTER TRAFFICKING CAPACITY 6 III. This law, one of the harshest in the country, punished trafficking as severely as premedi tated murder. This book, and the handful of other empirical works on trafficking Keo cites, counter claims that human trafficking is widespread, profitable, and organized. To prepare, Keo reviewed NGO sources that painted human trafficking in stark terms, largely as a dark story of helpless victims and ruthless, violent traffickers. Author: Chenda Keo In 2000, the Bush administration passed the Trafficking Victims Protection Act (TVPA). Professor of Sociology and Women’s Studies Because women typically have fewer economic resources, they are less able to pay the bribes extorted by law officials. Anti-trafficking legislation designed to protect human rights, in particular women and children, is actually harming Cambodian women and children. Law on Trafficking 13 ii. Rather, Keo explains the actions of convicted traffickers as a “crime of desperation in which individuals pushed by blocked legitimate opportunities and pulled by nascent illegitimate opportunities engaged in the business of trafficking for modest proceeds or rewards” (p. 196). The law prohibits all forms of trafficking and prescribes penalties that are sufficiently … Further, he believed, and demonstrated much evidence to support the likelihood, that 59% of his incarcerated interview participants were wrongfully convicted. You will meet with ___________. We are a proud and active member of the Asia Against Child Trafficking (ASIA ACTs) in Southeast Asia. Sex trafficking is largely clandestine; Cambodian and ethnic Vietnamese women and girls move from rural areas to cities and tourist destinations, where they are subjected to sex trafficking in brothels and, more frequently, such “indirect” sex establishments as beer gardens, massage parlors, salons, … Trafficking happens where there is a great discrepancy between rich and poor countries, unequal access to justice, and high level corruption, as Ana Revenco, President of La Strada in Moldova explained in the documentary The Price of Sex. The U.S. Department of State, which monitors the Cambodian Human Trafficking in Cambodia is a methodologically rigorous, theoretically-grounded, and well-argued empirical contribution to the literature on trafficking. To help fill this gap, Keo reviewed police and prison records, and interviewed 466 participants, including 91 individuals incarcerated for human trafficking in Cambodia. The Anti-Human Trafficking … a passing chance to make a little extra money directing potential customers to a brothel. They are situations that have been tolerated for too long and that have created a sort of “parallel economy,” administrated by criminals and trafficking groups with exterior contacts. [2] Al-though these were celebratory moments, statistics on prosecuted cases and convictions are lacking. Reviewer: Bernadette Barton | September 2014. Even as a scholar of the sex industry, I have found myself confused by the academic and cultural discussions on trafficking. Pull factors are the enticements the culture facilitates that encourage possible illegal activities, in this case a demand for cheap immigrant labor and the growth of the sex industry in Cambodia. Nation states need to address the root issue – economic inequality – to see a reduction in human trafficking, with the added benefit of also reducing misery and desperation among its citizens. International Instruments 17 B. Keo demonstrates that applying a Western anti-trafficking agenda that little fits the history, economics, and culture of the Cambodian nation state results in a miscarriage of justice. One of the laws that facilitates harassment of sex workers is the 2008 Law on the Suppression of Human Trafficking and Commercial Sexual Exploitation – which broadly prohibits procuring prostitution and soliciting for prostitution in two of its articles. At the end of this enlightening, if depressing, read, I realized, like Keo, that much anti-trafficking legislation addresses the wrong issue. He explores five major themes in the text: who are the traffickers, how do they operate, how much profit do they make, why do they engage in trafficking activities, and how does the Cambodian Criminal Justice System adjudicate suspected and convicted traffickers. Commanded by the Ministry of the Interior. However, this restitution was extremely difficult to obtain due to a legal requirement delaying payment until after the completion of the trafficker’s jail term; convicted traffickers’ frequent abscondment further complicated this arrangement. Covering four States, the report is unique, providing a comprehensive … A country’s tier ranking affects its eligibility for certain kinds of assistance. Human trafficking is defined as sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of … To subscribe, simply click Join Now. Cambodian National Police Anti-Human Trafficking and Juvenile Protection Department Enforce laws against human trafficking and commercial sexual exploitation of children, in collaboration with municipal and provincial anti-human trafficking and juvenile protection offices. As Keo concludes, “What is needed is not more law and punishment, but more legitimate opportunities to survive” (p. 206). The results challenge alarmist claims about the high prevalence, profitability, or role of organized crime in human trafficking. Human Trafficking in South East Asia Cambodia against Child Trafficking (Cambodia ACTs) is a coalition of 16 NGOs, working to fight against child trafficking in 22 provinces and municipalities. Keo found that 88% of those convicted (and many wrongfully so) of trafficking were women. To get there, progress will have to be made in preventing trafficking, protecting survivors, and holding offenders accountable. As such, it offers much needed clarity to scholars of criminal law, work, migration, and sex work. Reference A. “Since the law is lacking of … Publisher: Abingdon, UK; New York: Routledge, 2014. Know it. Human trafficking and moral panic in Cambodia: The unintended consequences of good intentions Draft working paper December 18, 2012 (13,380 words with references) for a forthcoming issue of the Annals of the American Academy of Political Science/ Authors: Thierry Bouhours, Roderic Broadhurst, Chenda Keo, with the assistance of Brigitte Bouhours Australian … Human Trafficking in Cambodia is a methodologically rigorous, theoretically-grounded, and well-argued empirical contribution to the literature on trafficking. In Cambodia: pursuant to the Law on Suppression of Human Trafficking and Sexual Exploitation 2008 (“TIPSE”), human trafficking consists of three things: An action, such as removing, recruiting, transporting, harbouring, buying or selling a person;2 Using a means, such as force, threat, deception, abuse of power, or After reading these reports and documents, Keo believed, like most of us likely would, that trafficking was a serious social problem that needed to be urgently and effectively addressed. The push factors he identified include elements related to systemic, institutionalized inequality such as poverty, a lack of education, unemployment, and too-large families. Among his subjects, “trafficking” required neither the capital nor skills one expects of those involved in an international criminal organization. The 2008 Law on the Suppression of Human Trafficking and Commercial Sexual Exploitation explicitly addresses trafficking offenses through 12 of its 30 articles. Push factors create strain in desperate individuals. Keo situates his findings in a push and pull model of human trafficking. A law was passed in January 1997 to curb trafficking in women, with fines of up to $12,000 and prison sentences of up to 20 years for pimps and brothel owners. Subscribe to our email list and learn about upcoming reviews and news. Enforcement of Laws 19 ii. … Cambodia is located in South-East Asia, a global source, transit and destination region for human trafficking, the world's second largest source of heroin, and a key centre for the manufacture and trade of amphetamine type stimulants (ATS). “Unless we tackle these issues,” Revenco said, “all the hot lines will not solve the situation.” She concluded, “You have to approach on all levels, vertically and horizontally.” A great strength of Human Trafficking in Cambodia is that it does just this, exploring the complexities of trafficking both vertically and horizontally. Observers noted Cambodia … Cambodia was one of the first countries to enact a law on human trafficking in 1996. Criminal Law and Criminal Justice Books is a joint project of Rutgers School of Law and Rutgers School of Criminal Justice. The Law on Suppression of Human Trafficking and Sexual Exploitation, 2008 has the objective to suppress the acts of human trafficking and sexual exploitation in order to protect the rights and dignity of human beings, to improve the health and welfare of citizens, to preserve and enhance good national customs, and to implement the UN Protocol to Prevent, Suppress, and Punish perpetrators of Trafficking in Persons. Morehead State University, HOME | Rutgers, the State University of New Jersey, copyright © 2011-2018. Trafficking, when it happens, is a symptom not a cause of social inequality. Cambodia is well known as a hotspot of human trafficking, though the precise dimensions of how many people are trafficked, how far their fates are forced (or voluntary), and what becomes of them over the years are all poorly known. Tier 1 countries are fully observant with US anti-trafficking policies, Tier 2 countries do not wholly comply but are making efforts to do so, and Tier 3 countries are non-compliant. Although Cambodia passed the Law on the Suppression of Human Trafficking and Commercial Sexual Exploitation in February 2008, the NGOs say more needs to be done. Cambodia Human Trafficking Facts and Statistics. This is then a powerful motivator for state governments, like Cambodia, to enact anti-trafficking policies that improve its tier ranking. The LHTSE has attempted to clarify the concept of trafficking in persons in … Contact Us. The principal Cambodian domestic legislation governing human trafficking is the Law on the Suppression of Human Trafficking and Sexual Exploitation 2008 (the “LHTSE”). Trafficking for sex and labor is intertwined with a host of other issues, including: rural poverty, economic change, corruption and its effects on … The Government of Cambodia, National Review on Beijing +20 2014, pg 36, 38, © 2016 UN Women - All Right Reserved. The Cambodian Parliament has finally … In addition to those unjustly charged, others were arrested for prostitution, and of those whose actions fit the definition of trafficking (for example, one case study Keo includes is a woman who agrees to take a small child to a neighboring country for a small fee), most did not realize they had committed a criminal act. https://clcjbooks.rutgers.edu/wp-content/uploads/2016/08/logo.png, Criminal Law and Criminal Justice Book Reviews, https://clcjbooks.rutgers.edu/wp-content/uploads/2014/09/human-trafficking-in-cambodia.jpg, Illegal Enterprise: The Work of Historian Mark Haller, Honor-Based Violence: Policing and Prevention. Countries are classified in three tiers. Our partners help educate the public to understand the key ways in which traffickers seek to exploit the vulnerable, particularly those migrating to neighboring countries for work. Anti-Human Trafficking and Juvenile Protection Police / Law on Suppression of Human Trafficking and Sexual Exploitation / Ministry of Interior / Mong Mony Sorphea / Phnom Penh Municipal Court A 24-year-old student was sentenced to 10 months in prison by the Phnom Penh Municipal Court yesterday for posting 14 nude photos of his girlfriend on Facebook in an … Puzzled by this finding, Keo set out to do a more comprehensive study on trafficking in Cambodia, with a special focus on the perspectives of incarcerated traffickers, and the result is this comprehensive and thoughtful text. Cambodia: human trafficking and sexual exploitation, and they represent two authentic plagues on the society of this tiny south-eastern Asian country. GOVERNMENTAL FUNCTIONS 19 i. Report it,” with an accompanying hotline number the viewer can call. Issues of human trafficking currently receive much global, national, and local attention. The Law on Suppression of Human Trafficking and Sexual Exploitation, 2008 has the objective to suppress the acts of human trafficking and sexual exploitation in order to protect the rights and dignity of human beings, to improve the health and welfare of citizens, to preserve and enhance good national customs, and to implement the UN Protocol to Prevent, Suppress, and Punish perpetrators of Trafficking in Persons. He began this work by interviewing 17 trafficked children, and found surprisingly, that none of them considered themselves trafficking victims. He explains that a combination of global forces – ill-fitting Western laws, national forces – a corrupt Criminal Justice System, and individual push/pull factors create a “terrible paradox” (p. 204). The new legislation recognises that men, women and children can be victims of trafficking and it … And, when women are incarcerated, their children suffer. 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