NGO Joint Statistics on CSE Trafficking

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3 ACKNOWLEDGEMENTS It is with great appreciation that ECPAT Cambodia thanks its donor, ANESVAD, for its ongoing support of the Joint Statistics Database Project on Trafficking and Rape. The funding for this current project of 2005 to 2006 continues the work that covered the years 2003 and 2004, also funded by ANESVAD. Without the backing and belief that ANESVAD has had in ECPAT Cambodia we would not have been able to undertake this valuable work. We also wish to acknowledge our two partner networks, NGOCRC and COSECAM, who collaborated with us and encouraged their own members to participate in this very important project. Our gratitude is given to USAID through the Asia Foundation for financial support to train the participating NGOs in the completion of Record Sheets. A special thanks to all the shelter staff, legal aid NGOs and referral agencies that completed the record sheets. Several individuals provided worthwhile input to us in the finalizing of this report. To all, we express our gratitude. 3

4 DISCLAIMER The NGO coalitions ECPAT, NGOCRC and COSECAM are not responsible for the accuracy of the trafficking data submitted by NGOs participating in the Joint Statistics Project for sometimes the intent and design of ECPAT Record Sheets were not strictly adhered to by the participating NGOs. 4

5 GREATER MEKONG SUBREGION 5

6 MAP OF CAMBODIA Source: National Institute of Statistics, Ministry of Planning, Oddar Meanchey Banteay Meanchey Preah Vihear Stung Treng Ratanakiri Siem Reap Pailin Battambang Kampong Thom Kratie Mondulkiri Pursat Kampong Chhnang Kampong Cham Koh Kong Kampong Speu Phnom Penh Kandal Prey Veng Svay Rieng Sihanoukville Kampot Kep Takeo 6

7 LIST OF ACRONYMS AFESIP APLE ARM BS CCBO CCHDO CCPCR CDP CLA COSECAM CSE CWCC CWDA ECPAT HCC HIV KMR KNK LSCW MoI MOSAVY MPK NCHADS NGO NGOCRC NIS OH PJJ PSI PTC PTD PVT Agir pour les Femmes en Situation Précaire Action Pour Les Enfants American Rehabilitation Mission Banteay Srei Catholic Child Bureau Organization Cambodian Children and Handicapped Development Organization Cambodian Center for the Protection of Children s Rights Cambodia Defenders Project Children and Love Association Coalition to Address (Sexual) Exploitation of Children in Cambodia Commercial Sexual Exploitation Cambodian Women s Crisis Center Cambodia Women Development Agency End Child Prostitution, Abuse and Trafficking Healthcare Center for Children Human Immunodeficiency Virus Komar Rikreay Organization Kokkyo Naki Kodomotachi (Children without Borders) Legal Support for Children and Women Ministry of Interior Ministry of Social Affairs, Veterans, and Youth Rehabilitation Homeland National Centre for HIV/AIDS, Dermatology and Sexually Transmitted Diseases Non Governmental Organization NGO Committee on the Rights of the Child National Institute of Statistics Our Home Protection of Juvenile Justice Population Services International Poipet Transit Centre Pteas Teuk Dong Promvihear Thor 7

8 RAO SCADP SKK STD USAID VCAO WHI WVC Rural Aid Organization Street Children Assistance and Development Program Seva Kapea Koma Sexually Transmitted Disease United States Agency for International Development Vulnerable Children Assistance Organization World Hope International World Vision of Cambodia 8

9 TABLE OF CONTENTS Part I Database Report on CSE Trafficking Executive Summary Introduction Objectives and methods Identifying women and girls trafficked for the purpose of commercial sexual Exploitation Social demographic profile of trafficked CSE women and girls Recruitment Release from trafficking and referral to shelters, referral agencies, and legal aid NGOs NGO shelter services for trafficked CSE women and girls Arrests and prosecution Conclusions and recommendations to prevent trafficking of women and girls Recommendations to strengthen the NGO Joint Statistics Project 56 References 60 Annexes 1. Profiles of participating NGOs submitting CSE trafficking cases Record Sheet for Trafficking Case 65 Part II Database Report on Rape Executive Summary Introduction Objectives of the project The process of the project Limitations of the project Rape in the Cambodian context Discrimination against women Unequal power balance Lack of effective support system Rape: Legal framework Definition of Rape Punishment of Rape Legal age of consent Marital Rape Main findings from the project Reporting rape cases in Cambodia Characteristics of victims Characteristics of offenders 94 Page 9

10 4.4 Rape characteristics Impact of rape Arrest and conviction Recommendations to the NGOs Conclusion 108 Bibliography 109 Annex 1: Profile of participating NGOs 115 Annex 2: Record Sheet of Rape case

11 LIST OF TABLES page Table 1. Number of women and girls who were not trafficked, and who were trafficked, for commercial sexual exploitation, by NGO service provider 21 Table 2. CSE trafficking assessment criteria 25 Table 3. Comparing CSE trafficking type 1 with all CSE trafficking cases 26 Table 4. Occupation prior to recruitment 34 Table 5. Promised and actual destination 41 Table 6. Types of abuse to which trafficked CSE women and girls were subjected 41 Table 7. Who rescued the woman/girl from the CSE situation? 42 Table 8. Legal aid agencies to which trafficked CSE women and girls were referred 50 11

12 LIST OF FIGURES page Figure 1. NGOs participating in the NGO Joint Statistics Project for CSE trafficking, Figure 2. Number of cases submitted to the NGO Joint Statistics Project 21 Figure 3. Trafficked CSE women and girls analyzed by type 27 Figure 4. Nationality of CSE women and girls 29 Figure 5. Age distribution of trafficked women and girls for the purpose of CSE 29 Figure 6. Educational attainment of women and girls in Cambodia 30 Figure 7. Marital status of trafficked CSE women and girls 31 Figure 8. Was the father living with the family at the time of trafficking? 32 Figure 9. Was the mother living with the family at the time of trafficking? 32 Figure 10. Number of older siblings, by ethnicity 33 Figure 11. Gender of the recruiter Was the CSE woman recruited from their home village? 36 Figure 12. Age of woman/girl Was the recruiter known or related to the victim? 36 Figure 13. Gender of recruiter, by victim age 36 Figure 14. Why did the victim agree to be recruited? 37 Figure 15. Birthplace of trafficked CSE women and girls, and where recruited 38 Figure 16. Number of trafficked CSE women and girls, by place of birth and provincial Population 39 Figure 17. Trafficking movements and destination 40 Figure 18. Method of release from trafficking situation 42 Figure 19. Referral agencies of CSE trafficking and non trafficking cases to NGO shelters 43 Figure 20. Police referrals of women and girls who were victims of sex related crimes 44 Figure 21. Percent trafficked CSE women and girls receiving specific NGO shelter services 46 Figure 22. Number of months trafficked CSE women and girls remained in NGO shelter 47 Figure 23. Percent trafficked CSE women and girls returning to village after leaving shelter 48 Figure 24. Number and proportion of trafficking offenders questioned, arrested, charged, prosecuted and convicted 50 Figure 25. Number and proportion of trafficking offenders questioned, arrested, charged, prosecuted and convicted in cases involving trafficked CSE girls (<18) 51 Figure 26. Number and proportion of trafficking offenders questioned, arrested, charged, prosecuted and convicted in cases involving trafficked CSE women ( 18) 52 Figure 27. Number of cases reported, investigated, and leading to arrests 53 Figure 28. Prison sentences for offenders convicted of trafficking 53 12

13 1. EXECUTIVE SUMMARY The NGO Joint Statistics Project on CSE 1 Trafficking collected information from 25 NGOs representing 63 shelters, referral agencies and legal aid NGOs in 17 Provinces. Participating NGOs reported a total of 518 CSE women and girls accessing their services. Of these, 179 women and girls were assessed to be victims of CSE trafficking (34.6%), with 111 cases identified in 2005 and 68 cases identified in These figures were substantially lower than figures collected by COSECAM, which estimated between 200 and 300 child sex workers rescued by NGOs annually (prior to 2005). The decline in the number of trafficking cases reaching NGOs was not indicative of a change in the trafficking situation in Cambodia, but was a result of reduced access to NGOs services. Data from the Department of Anti Human Trafficking and Juvenile Protection, Ministry of Interior, confirmed that an increasing number of cases were being referred back to their families directly while at the same time a reduced number of cases was being referred to NGOs. The number of non trafficked CSE women accessing NGO services also declined substantially from 2005 to 2006, according to the NGO Joint Statistics Project. Most women and girls who were engaged in commercial sex work were Cambodian (70%), followed by 28% Vietnamese and 2% Chinese. Cambodians were disproportionately assessed as cases of CSE trafficking (81%) than the Vietnamese (19%) or Chinese (0%). Disaggregating by province, the number of trafficked CSE women and girls born in a province was proportional to provincial population, with the exception of Siem Reap, where no trafficked CSE women and girls were born and where only two CSE women and girls were born. The average age of trafficked CSE women and girls was 19.9 years, with 44.7% below the age of 18 and 14.5% of girls 15 years of age or below. Educational attainment of trafficked CSE women and girls mirrored national distributions. Of the women and girls trafficked for CSE, 31.6% were illiterate, with another third achieving education levels of three to five years. Among trafficked CSE women and girls, 19% had married by the time of release from the trafficking situation, which was significantly lower than the national marriage rate by age. Trafficked CSE women were much more likely to be widowed than the national average. Overall household size of trafficked CSE women and girls was almost identical with national average household size. According to the Ministry of Planning, nationally 6.4% of children under the age of 18 have experienced the death of their father, and 1.7% have experienced the death of their mother. Among trafficked CSE women and girls, 25% experienced the death of their father and 23% experienced the death of their mother prior to being trafficked, in addition to high rates of parental desertion. Overall, only 57% of trafficked CSE women and girls reported living with their father and 56% reported living with their mother at the time of recruitment. Considering the almost complete lack of social services available in Cambodia, household breakdown was likely to bring both economic and social hardship for the family. In 9.3% of cases, trafficked CSE women and girls had siblings who had been trafficked. In 4.3% of cases, trafficked CSE women and girls had been raped prior to trafficking. 1 Commercial Sexual Exploitation 13

14 Data for occupation prior to recruitment suggests significant levels of under employment among trafficked CSE women and girls. Among Khmer, 55.1% were either students or unemployed when they were recruited, while among Vietnamese, 72.8% were students or unemployed. The main difference in occupations was that over 22% of Khmer were farmers, whereas there were no Vietnamese farmers. The principal trafficking destinations domestically were Phnom Penh, Siem Reap, and Koh Kong. More than 20% of CSE trafficking cases were trafficked abroad, mostly to Malaysia and Thailand. If all the Vietnamese were in fact trafficked from Vietnam, then 17.3% of all trafficking victims were foreign born, but it was unclear in most cases whether the Vietnamese were in fact foreign born. Analysis of the trafficking cases distinguished four distinct groups, differentiated by age and whether she knowingly (but not necessarily willingly) entered sex work. 14 The CSE trafficking case was a girl (i.e. <18 years of age) who was forced or tricked into CSE. The CSE trafficking case was a girl (i.e. <18 years of age) who knowingly entered sex work. The CSE trafficking case was a woman (i.e. 18 years of age) who was forced or tricked into CSE. The CSE trafficking case was a woman (i.e. 18 years of age) who knowingly entered sex work. For girls under 18 years of age who were recruited for other work (e.g. garment worker, waitress) but were instead forced/tricked into trafficking, they were most likely to be living in the village where they were born and be recruited by someone known or related to them. They were likely to have experienced a parent s death, desertion or divorce, or other types of family breakdown. This group was the most likely to report that making money to support their poor family and escaping poverty were important reasons for leaving their village to work. These girls were the most likely to report being abducted, and the most likely to report sexual abuse and being forced to perform sex acts against their will at the commercial sex establishment. Thirty six cases fell into this category, or 20% of all CSE trafficking cases. Girls under 18 years of age who knowingly entered sex work were also likely to be recruited from their home village, but they were less likely to know or be related to the recruiter. This group reported that desire to support their poor family and escape poverty were considerations in their decision to accept sex work, and they were more likely to report that debt was also a factor. In some cases, girls in this group migrated in search of work, at which time they were offered sex work, most often by a female recruiter associated with the sex industry. It was unclear if they migrated with the express intent of finding sex work. A disproportionate number of Vietnamese girls fell into this group, particularly those migrating to Phnom Penh and Siem Reap. Both under 18 groups reported that parents sometimes made the decision for the girls to leave the village and work, and were sometimes aware and sometimes unaware of the nature of the work. Forty four cases fell into this category, or 25% of all CSE trafficking cases. For women ( 18) who were recruited for other work (e.g. garment worker, waitress) but were instead forced or tricked into sex work, they were more likely than women who knowingly chose sex work to be recruited from the village where they were born. They were less likely than girls to know or be related to their recruiter, but more likely to know the recruiter than women who knowingly entered sex work.

15 They were similar to girls who were deceived into sex work in that they were motivated by a desire to earn money to help their poor family and escape poverty. They also reported a desire to escape abusive living circumstances. This group was the most likely to report being widowed, and/or report the death, desertion, or divorce of their parents. They were less likely to know the recruiter than the under 18 year olds, but more likely than women who knowingly entered sex work. They were more likely than other women, but less likely than girls, to have the decision to leave the village for work made by her parents. The most distinguishing feature of this group was the high levels of abuse they reported at the commercial sex establishment, from abduction, to beatings, detainment within the establishment, deprivation of food, and withholding of salary. They were also likely to report sexual abuse and being forced to perform sex acts against their will. Fifty four women fell into this category, and at 30% this group constituted the largest proportion of CSE trafficking cases. Women who knowingly entered sex work were distinct from the other three groups in most respects, and were similar to non trafficked CSE women and girls. Like the other groups, the women in this group reported entering sex work to assist their poor family and escape poverty, but reported these reasons at lower rates. This group was the most likely to have migrated in search of work prior to recruitment, and the least likely to know or be related to the recruiter. This group was the least likely to report abuse at the workplace, and appeared to have worked at multiple establishments. This group constituted 60% of all cases where the CSE woman/girl was sold to another sex establishment, which is often associated with debt bondage. Forty five women fell into this category, or 25% of all CSE trafficking cases. Interventions The vast majority of trafficked CSE women and girls reaching shelters, referral agencies, and legal aid NGOs were rescued, with only 13% arrested, escaping, or repaying their debts. The police were the rescuing agency in almost two thirds of the cases, followed by Government social workers and NGOs. Significantly, the police were not the mostly likely to refer cases to shelters even though they were by far the most likely to rescue to women and girls. Instead, NGOs were the most likely to refer the women and girls to shelters, followed by the police and Government social workers. Women and girls who were recruited for other work (e.g. garment worker, waitress) but were instead forced into sex work were most likely to have escaped or been rescued by relatives or NGO efforts than women and girls who knowingly entered sex work. Women and girls who knowingly entered sex work were the most likely to be brought to the shelter by police or Government social workers. Girls, both those who were deceived and those who knowingly entered sex work, were more likely to be referred to shelters, whereas women were more likely to be sent back to their families. For this reason, there was often little information available on the women after they had been rescued. The average length of stay in the shelter for women was a month shorter than that of girls, 2.9 months and 3.9 months, respectively. Both women and girls received a wide array of services depending on their length of stay at the shelter. NGO shelters were able to arrange for a doctor to examine the victim in 83% of cases, and arranged for treatment as necessary. Seventy six trafficked CSE women and girls contracted a sexually transmitted disease (42.2%), four were pregnant (2.2%), and one had contracted 15

16 HIV (0.6%). Social or behavioural problems were reported by 15.9% of trafficked CSE women and girls, though trafficked girls were more likely to experience social and behavioural problems. Overall, 75.8% of trafficked CSE girls were reintegrated into their home village, compared with 64.4% reintegration rate for trafficked CSE women. In most cases where data was available, after reintegration the women and girls returned to their occupation prior to recruitment, with a few employed in work using skills learned at the NGO shelter. A few previously trafficked CSE women returned to sex work as well. Significantly, reintegration patterns among the groups were not differentiated by family problems, such as the death or desertion of a parent, divorce, or whether the woman/girl had been recruited in her home village by someone known or related. Of the 117 cases reported to police, 40 cases led to investigation of alleged traffickers in 2005 and Almost 83% of investigations led to charges being filed against the alleged offender, either for trafficking or debauchery and trafficking. Investigations led to arrests in 80.8% of cases involving trafficked girls, compared to 57.1% in cases involving trafficked CSE women. Of the 179 total reported CSE trafficking cases, 56 (31.3%) reached the trial stage, and offenders were convicted in 55 of 56 cases. The conviction rate of 98.2% is a fairly typical conviction rate for most crimes types in Cambodia. More significant was the number of convictions when disaggregated by age: More than 62% of CSE trafficking cases involving girls were brought to trial, whereas only 6% of CSE trafficking cases involving women were brought to trial. The average prison sentence of the 55 convicted traffickers was 14.2 years, with sentences ranging from less than a year up to 28 years. Most offenders were given sentences of 10 or 15 years. 16

17 SUMMARY SHEET OF STATISTICS Total number of trafficked CSE women and girls 179 Percent women ( 18) 55.3% [N = 179] Percent girls (<18) 44.7% [N = 179] Percent girls (<16) 14.5% [N = 179] Percent Vietnamese 19.0% [N = 160] Percent entered sex work to earn money for their poor family 41.3% [N = 130] Percent entered sex work to escape poverty and make money 32.4% [N = 130] Percent entered sex work to pay off debt 5.6% [N = 130] Percent knowingly entering sex work 49.7% [N = 179] Percent recruited by someone known or related 55.0% [N = 131] Percent recruited in the village where they were born 50.9% [N = 108] Percent recruited by a female 60.0% [N = 131] Percent trafficked to another country 21.6% [N = 171] Percent forced to perform sex acts against her will 27.9% [N = 179] Percent beaten 8.4% [N = 179] Percent not allowed to leave the sex establishment 8.4% [N = 179] Percent rescued by police raids 65.0% [N = 104] Average length of stay at NGO shelter 3.4 months [N = 66] Percent receiving counseling services 89.0% [N = 118] Percent receiving medical services 83.0% [N = 145] Percent receiving vocational training 27.5% [N = 152] Percent receiving literacy training 29.0% [N = 152] Percent receiving financial support 6.0% [N = 152] Percent with social or behavioural problems 15.9% [N = 51] Percent contracted an STD 42.2% [N = 179] Percent pregnant 2.2% [N = 179] Percent contracted HIV 0.6% [N = 179] Percent reintegrated in home village 69.2% [N = 88] Percent of cases reported to police 65.4% [N = 179] Percent of police investigations leading to arrests 72.5% [N = 40] Percent of trafficking cases prosecuted 31.3% [N = 179] Conviction rate 98.2% [N = 56] Number of traffickers convicted 55 persons Average prison sentence 14.2 years [N = 55] Percent of cases appealed 3.6% [N = 55] 17

18 2. INTRODUCTION ECPAT CAMBODIA Cambodia is a network of twenty seven national and international organizations working together to ensure that all children in the country will enjoy their fundamental rights, free and secure from all kinds of sexual abuse and exploitation. It was established in 1995 by a group of NGOs dedicated to combat child sexual abuse and exploitation. The organization aims to mobilize key stakeholders and promote coordinated action for the elimination of child prostitution, child pornography and trafficking in children for sexual purposes. Its vision is: the realization of the right of all children to live free from child prostitution, abuse, child pornography and child trafficking for sexual purposes. ECPAT CAMBODIA seeks to realize this through its mission of awareness raising, advocacy, monitoring and the coordination of action and information among relevant stakeholders. ECPAT CAMBODIA became an affiliated member of ECPAT CAMBODIA International in September As part of its mission, ECPAT CAMBODIA with support from ANESVAD Foundation, Spain, implemented a project called NGO Joint Statistics on Rape and Trafficking which collected data and information on rape and trafficking of male and female children of all ages and nationalities in Cambodia from 2003 to The project was implemented in order to to better understand the root causes of rape and trafficking, the chain process and dynamics of trafficking, and to guide NGOs in defining priority areas in order that their resources and assistance be channeled and utilized in a more efficient and effective way. The project, with ongoing support of ANESVAD Foundation, has continued to the second phase which collected data and information on rape and trafficking for and continues the aim to provide a valid and reliable statistical analysis of rape and trafficking situation from The project was implemented in partnership with the NGO Committee on the Rights of the Child (NGOCRC) and COSECAM. NGOCRC is a coalition of forty six national and international NGOs. The coalition was established in 1994 in order to promote, advocate and monitor the implementation of the UN Convention on the Rights of the Child in Cambodia. COSECAM was established in The coalition currently has twenty two members from NGO shelters, NGO legal services provider and NGO human rights. The joint effort was governed by a memorandum of understanding on data collection, analysis and report publication. 18

19 3. OBJECTIVES AND METHODS A. Objectives The NGO Joint Statistics Project on CSE Trafficking collected information from 25 NGOs representing 63 shelters, referral agencies and legal aid NGOs in 17 Provinces. The current project was conducted by ECPAT in partnership with membership organizations NGOCRC and COSECAM. All participating NGOs provided services to women and/or children, including protection, reintegration, and/or legal assistance (see annex 1 for more details). The national scope of the NGO Joint Statistics Project provided a unique opportunity to explore the extent and geographical variations of trafficked CSE women and girls accessing NGO services. The objectives of the research were to: To provide a valid and reliable statistical analysis of recorded CSE trafficking cases ( ) in order to generate essential background information for NGOs and their future projects and provide accurate records to monitor progress and change in the coming years; 2. To coordinate NGOs records to ensure accurate reporting and the sharing of essential information and to strengthen the cooperation and resources of NGOs working towards preventing and helping cases of trafficking for Commercial Sexual Exploitation. Specifically, the research explored (1) social and economic factors and associated recruiting strategies, (2) possible linkages between migration patterns and vulnerability to recruitment, (3) targeted support services, and (4) law enforcement efforts and their impact on trafficking practices. B. Theoretical Framework A theoretical framework was constructed differentiating two types of CSE trafficking cases: 1. Women and girls who were promised other work (such as waitressing) by a recruiter, but were deceived by the recruiter into commercial sexual exploitation; and 2. Women and girls who were recruited knowing they would enter commercial sex work, but were subsequently deceived, sold, or abducted. Additionally, victims of CSE trafficking were disaggregated into two age groups ( 18, <18) to explore distinct patterns and trends associated with age. C. Data providers The geographic scope of the NGO Joint Statistics Project was determined by the locations of the 63 shelters, referral agencies and legal aid NGOs completing the ECPAT CAMBODIA Record Sheet. Most of the participating NGOs were members of at least one national NGO coalition participating in the NGO Joint Statistics Project: COSECAM, NGOCRC, and ECPAT CAMBODIA. Additionally, several NGOs not belonging to these coalitions participated because of their importance in providing services to vulnerable populations: APLE, CCHDO, ARM, MPK, BS, and OH.

20 The results of the research naturally reflected the CSE trafficking situation of women and girls at the shelters, referral agencies, and legal aid NGOs participating in the NGO Joint Statistics Project. The NGO Joint Statistics Project provided a unique and comprehensive review of CSE trafficking in Cambodia because of the large number of NGOs and shelters operating in 17 provinces, thus reducing organizational bias or regional overemphasis. Figure 1. NGOs participating in the NGO Joint Statistics Project for CSE trafficking, Source. NGO Joint Statistics Project PJJ AFESIP AFESIP VCAO APLE CDP PJJ WVC CDP WVC ARM PJJ MPK WVC AFESIP CDP VCAO WVC VCAO AFESIP CDP LSCW HCC AFESIP APLE LSCW WVC LSCW LSCW HCC LSCW WVC VCAO LSCW WVC CCPCR RAO Phnom Penh APLE CWCC LSCW WVC Note: VCAO submitted case files for labour trafficking only. CDP submitted trafficking cases, but the forms contained insufficient information to include in the analysis. CWCC branches in Banteay Meanchey and Siem Reap did not report. D. Methodology One of the challenges in measuring the extent of CSE trafficking in Cambodia is the difficulty in ensuring that data providers use consistent assessment methods to identify victims of trafficking, both within the relevant agency and among all data providers. A unique contribution of the NGO Joint Statistics Project was its ECPAT CAMBODIA Record Sheet, which was designed to allow for independent assessment of all 20

21 Figure 2. Number of cases submitted to the NGO Joint Statistics Project Source. NGO Joint Statistics Project Table 1. Number of women and girls who were not trafficked, and who were trafficked, for commercial sexual exploitation, by NGO service provider Source. NGO Joint Statistics Project Number of women and girls commercially sexually exploited, but NOT trafficked Number of women and girls commercially sexually exploited and trafficked AFESIP AFESIP APLE 0 0 APLE 0 4 ARM 0 0 ARM 1 2 CCPCR 4 0 CCPCR 28 6 CWCC CWCC 16 5 HCC 3 0 HCC 7 4 LSCW 1 0 LSCW 8 10 MPK 0 0 MPK 0 1 PJJ 0 0 PJJ 2 2 RAO 0 0 RAO 0 3 WVC 2 1 WVC TOTAL 339 TOTAL 179 VCAO submitted only cases of labour trafficking for the reporting period. CDP submitted trafficking cases, but the forms contained insufficient information to include in the analysis. CWCC branches in Banteay Meanchey and Siem Reap did not report. cases of commercial sexual exploitation using standardized criteria to ascertain whether the women and girls were trafficked for the purpose of CSE. Most research of CSE trafficking in Cambodia is limited to single snapshots. The NGO Joint Statistics Project is unique in that it utilizes an established NGO coalition framework and standardized assessment methods to allow for longitudinal analysis of CSE trafficking trends, which is critical to monitor the dynamics of an ever evolving crime. For example, the NGO Joint Statistics Project is uniquely placed to 21

22 monitor changing trafficking patterns in response to increased law enforcement efforts, and NGO shelter capacity to respond to these rapidly changing trafficking dynamics. Participating NGOs (see annex 1) submitted cases they assessed to be CSE trafficking. Using standardized assessment criteria based on the ECPAT CAMBODIA Record Sheet. The vast majority of CSE women and girls were confirmed to be victims of trafficking (discussed in detail in the following section). ECPAT CAMBODIA Record Sheet The ECPAT CAMBODIA Record Sheet was the 66 question tool used to collect information on CSE cases entering shelters, referral agencies, and legal aid NGOs. Section 1 of the ECPAT CAMBODIA Record Sheet was designed to collect socio economic information on the woman/girl, and was also used to eliminate duplication of cases in the database. This objective was particularly important for the NGO Joint Statistics Project because of the large number of shelters operating independently, the significant number of referrals made between NGOs, the possibility that a woman/girl could be trafficked and rescued more than once, and the general mobility of the population. After all cases were compiled, 14 duplicate files were discovered by the ECPAT CAMBODIA data management team (about 3% of all submitted Record Sheets). The most important section, Section 2, was designed to collect necessary information to assess whether a CSE women/girl was trafficked. Section 2 proved to be an effective tool to identify most cases of trafficking among CSE. In some cases, information from other sections had to be used to expand the assessment criteria. Sections 3, 4, 5, and 6 collected information on the referral process, service support activities, and prosecution of the case. Section 7 explored conciliation, but no NGO shelter was able to provide this information. Data collection ECPAT CAMBODIA, with support from the Asia Foundation and USAID, conducted training to ensure that relevant staff could understand the purpose and complete the Record Sheet. Staff then returned to the shelters, completed the ECPAT CAMBODIA Record Sheet, with assistance from the ECPAT CAMBODIA data management team, and submitted to ECPAT CAMBODIA for entry in the database. 22

23 4. IDENTIFYING WOMEN AND GIRLS TRAFFICKED FOR THE PURPOSE OF COMMERCIAL SEXUAL EXPLOITATION (CSE) The criteria used to assess trafficking cases adhere closely to the UN Palermo Protocol, in addition to characteristics distinct to the 1996 Cambodian Law on Suppression of Kidnapping, Trafficking, and Exploitation of Human Persons, Article 2 and Article 3. 2 The following definition was used to identify victims of trafficking: Victims of Trafficking A victim of trafficking is a person who has been recruited, transported, transferred, harboured or received, while he or she was: threatened, physically forced, coerced through other forms (e.g. debt bondage), abducted, subject of fraud, deceived, abused, sold or rented out through payments or benefits (debt bondage) for the purpose of exploitation. 3 In this report, exploitation was specifically defined as commercial sexual exploitation. Additionally, underage was specifically defined as (<18) at the time of recruitment. Furthermore, women and girls were considered to be trafficked if they were: Recruited by means of attracting, seducing or gift giving. (Cambodian Law) 4 Bought and/or sold. (Cambodian Law) Incapacitated by means of drugs or alcohol (Cambodian Law) Unable to leave the CSE establishment. (Cambodian Law) The most challenging aspect of the trafficking assessment was determining whether the act of trafficking (movement) involved criminal intent. 5 Despite these constraints, when sufficient information was provided the ECPAT CAMBODIA Record Sheet proved to be an effective tool in identifying women and girls trafficked for the purpose of CSE. 2 The ECPAT CAMBODIA Record Sheet adheres to the original Cambodian Law on Human Trafficking. A new counter trafficking law was promulgated in January 2008, however since the NGO Joint Statistics Project was intended to collect information for cases in 2005 and 2006, it was not deemed necessary to revise the Record Sheet for the current analysis. The recently promulgated Law on Human Trafficking and Sexual Exploitation provides the police and court officials with more powers to arrest and prosecute traffickers, and provides protection to victims of trafficking. The new Law also provides a more comprehensive definition than the previous trafficking law. 3 UN Palermo Protocol 4 Despite some distinctive characteristics in Cambodian Law, in practice the Law adhered closely with the UN Protocol. 5 A limitation in efforts to assess cases using the UN Palermo Protocol as a basis is that at its core the Protocol is attempting to describe a crime, whereas the ECPAT CAMBODIA Record Sheet is collecting information from the victim of a crime, who may be unaware of key aspects of the crime perpetrated against her. 23

24 Trafficking types Table 2 below details how the trafficking definition was operationalized for this report. The operationalized criteria were formulated based on information collected by the ECPAT CAMBODIA Record sheet, in particular Section 2 of the Record Sheet. The table was structured to acknowledge the difficulty in confirming trafficking among women/girls who knowingly entered sex work. Four trafficking types were developed: Type 1. The woman/girl was promised other work by the recruiter but at the destination was forced into sex work. Type 2. The woman/girl knowingly entered sex work, and was subsequently abducted, deceived, coerced, or seduced. Type 3. The woman/girl knowingly entered sex work, and her case exhibited traits and/or circumstances that pointed to trafficking. Type 3 was created for those cases where evidence was not explicit, but where circumstantial evidence was compelling upon a complete review of the case Record Sheet. For example, in three cases the woman/girl was recruited by the same person who recruited her siblings (who were separately confirmed to be victims of trafficking). Type 4. The girl knowingly entered sex work, and did not report any form of coercion, deception, or other characteristic associated with trafficking. It was assumed that a girl (<18) is not capable of making fully informed decisions. In a country with a predominantly rural population with low educational attainment, it was not an unreasonable assumption. For detailed age distribution of the 179 CSE trafficked women and girls, please see Figure 5. The two cross cutting analytical categories were (1) age ( 18, <18); and (2) whether or not the woman/girl knowingly entered sex work. Table 3 below presents data comparing Type 1 CSE trafficking cases women/girls who were deceived into sex work with data on all CSE trafficking cases. The purpose of this table was to identify distinctive characteristics among Type 1 trafficking cases. For example, it was immediately apparent that Type 1 trafficking cases were much more likely to be forced to do sex acts against their will, more likely to be beaten, and more likely to be related to or know the recruiter. Table 3 was also used to identify distinctive characteristics in CSE trafficking associated with age. For example, the data showed that Type 1 women were the most likely to be prevented from leaving the work establishment. Women who were not Type 1 women who knowingly entered sex work were far more likely to be sold to another employer. Type 1 girls were the most likely to be abducted. All CSE trafficking categories were vulnerable to trafficking due in part to their strong sense of duty to support their poor family, but this sense of obligation was stronger among girls than among women. 24

25 Table 2. CSE trafficking assessment criteria Source. NGO Joint Statistics Project CSE Trafficking Assessment Criteria 18 < 18 Total 1. The woman/girl was recruited for other work (e.g. garment worker, waitress) but was instead forced into sex work (Q2.3 and Q2.6) The woman/girl knowingly entered sex work (Q2.3), and at least one of the following applied to her situation: a. Woman/girl was abducted (Q2.2) b. Sold to an employer (Q2.8) (Cambodian Law) c. Deceived about destination (Q2.5) d. Decision made by parents (Q2.2) e. Seduction or giving gifts to get woman/girl s consent (Cambodian Law) The woman/girl knowingly entered sex work (Q2.3), and at least two of the following applied to her situation: a. Duty to earn money for their poor family (Q2.2) b. Parent death, desertion, or divorce (Q1.13, Q1.14) c. Sexually abused or forced to do sex acts against her will (Q2.7, Q5.3) d. To earn money to pay off debt (Q2.2) e. Trafficker arrested (Q6.1.2) f. Siblings trafficked (Q1.17) g. Incapacitated and raped prior to trafficking (Q1.16) The girl (<18) knowingly entered sex work (Q2.3), and did not meet the criteria for trafficking types 1, 2, or 3. n/a TOTAL CSE TRAFFICKING CASES The woman ( 18) knowingly enters into sex work (Q2.3), and did not meet any of the criteria for trafficking types 1, 2, 3 or n/a 339 TOTAL CSE CASES

26 Table 3. Comparing CSE trafficking type 1 with all CSE trafficking cases Source. NGO Joint Statistics Project Comparing CSE Trafficking Type 1 with all CSE trafficking cases CSE Trafficking Type 1 (N = 90) 18 (N = 54) < 18 (N = 36) All CSE trafficking cases (N = 179) 18 (N = 111) < 18 (N = 68) a. Deceived about destination (Q2.5) 5 (9.3%) 6 (16.7) 7 (6.3%) 6 (8.8%) b. Forced to do things against her will (Q2.7 and Q5.3) Forced to work more than 48 hours per week 0 (0.0%) 0 (0.0%) 1 (0.9%) 0 (0.0%) Forced to perform sex acts against her will 28 (51.9%) 15 (41.7%) 31 (27.9%) 19 (27.9%) Beaten 10 (18.5%) 4 (8.3%) 11 (9.9%) 4 (5.9%) Deprived of food 7 (13.0%) 1 (2.8%) 7 (6.3%) 1 (1.5%) Sexually abused 25 (46.3%) 14 (38.9%) 26 (23.4%) 22 (32.4%) Detained when not working 4 (7.4%) 3 (8.3%) 4 (3.6%) 3 (4.4%) Not paid or paid much less than promised 3 (5.6%) 0 (0.0%) 3 (2.7%) 0 (0.0%) Employer held identity documents 1 (1.9%) 0 (0.0%) 1 (0.9%) 0 (0.0%) Not allowed to leave their place of employment 11 (20.4%) 2 (5.6%) 11 (9.9%) 4 (5.9%) Incapacitated ( became unconscious ) and raped 0 (0.0%) 1 (2.8%) 1 (0.9%) 1 (1.5%) Other: forced to serve drinks to guests 1 (1.9%) 0 (0.0%) 1 (0.9%) 0 (0.0%) c. Sold to an employer (Q2.8) 7 (13.0%) 5 (13.9%) 32 (28.8%) 10 (14.7%) d. Reason victim participated in decision to enter into sex work (Q2.2) (note: break down by category) Duty to earn money for their poor family 24 (44.4%) 19 (52.8%) 41 (36.9%) 33 (48.5%) To escape poverty and make money 19 (35.2%) 15 (41.7%) 38 (34.3%) 20 (29.4%) To escape abusive living circumstances 2 (3.7%) 0 (0.0%) 2 (1.8%) 0 (0.0%) To earn money to pay off debt 1 (1.9%) 2 (5.6%) 5 (4.5%) 5 (7.4%) Deceived: seduction or giving gifts of money or jewelry to get victim s agreement. (according to Cambodian Law) 0 (0.0%) 2 (5.6%) 0 (0.0%) 2 (2.9%) e. Decision made by parents (Q2.2) 4 (7.4%) 7 (19.4%) 4 (3.6%) 11 (16.2%) f. Was the recruiter known or related to the victim (Q2.12) 41 (75.9%) 30 (83.3%) 52 (46.8%) 39 (57.3%) g. Was the victim abducted (Q2.2) 7 (13.0%) 9 (25.0%) 9 (8.1%) 10 (14.7%) 26

27 Figure 3 below presents the four types according to various characteristics and risk indicators. From figure 3 it was apparent that Type 1 had high rates of family breakdown and sibling trafficking, was the most likely to type to result in arrests and convictions, and the most likely to be Khmer. Type 2 CSE trafficking cases were the oldest age group, the least likely to report risk factors such as family breakdown or the trafficking of siblings, and the cases least likely to result in arrests or convictions. Type 3 cases reported high rates of family breakdown and sibling trafficking, experienced slightly lower arrest and conviction rates compared to Type 1, and were more likely to be of ethnic Vietnamese background. Type 4 CSE trafficking cases were less likely than Type 1 and Type 3 to return family breakdown but more likely to report sibling trafficking. Type 4 reported rates of arrests and convictions similar to Type 1, and were the most likely to be of Vietnamese ethnicity. Figure 3. Trafficked CSE women and girls, analyzed by trafficking type Source. NGO Joint Statistics Project 27

28 5. SOCIAL DEMOGRAPHIC PROFILE OF TRAFFICKED CSE WOMEN AND GIRLS In terms of patterns of social vulnerability to trafficking, the research explored a woman or girl s relationship to her household. The ECPAT CAMBODIA Record Sheet was not designed to prove causality between household status and vulnerability to trafficking, but to describe household patterns among CSE trafficked women and girls. Analysis of trafficked CSE women and girls by their social demographic profile indicated that trafficked Khmer girls were likely to have experienced family problems such as the death, desertion, or divorce of a parent, and/or experienced patterns of abuse within a dysfunctional family, such as rape and trafficking of siblings. Khmer girls were likely to be recruited by means of deception (Type 1). Khmer women, on the other hand, were likely to knowingly enter sex work for personal economic reasons and subsequently be sold or otherwise forced, abducted or coerced (Type 2). Trafficked CSE women and girls were more likely than the national average to have left the household and be single or widowed, highlighting their lack of family support. Nationality Most women and girls who were engaged in commercial sex work were Cambodian (70%), followed by 28% Vietnamese 6 and 2% Chinese. Cambodians were disproportionately assessed as cases of CSE trafficking (81%) than the Vietnamese (19%) or Chinese (0%), perhaps because Vietnamese and Chinese were less likely to fall into trafficking Types 1 or 2, where the use of force and deception at the recruitment stage was more likely, and therefore easier to confirm as trafficking. The overrepresentation of Vietnamese in Type 3 trafficking cases reflected the predominance of economic factors determining entry into CSE. The data did not demonstrate a link between Cham ethnicity and trafficking to Malaysia. Only one Cham woman was identified among the 179 CSE trafficking cases, and she was trafficked domestically. Age The average age of trafficked CSE women and girls (at the time of their release from the trafficking situation) was 19.9 years, with 44.7% below the age of 18 and 14.5% of girls 15 years of age or below. Vietnamese cases averaged 17.9 years and Khmers averaged 20.3 years. The fact that age was reported at the time of release from the trafficking situation suggested that trafficking under 18 likely constituted the majority of CSE trafficking cases. The low number of CSE trafficking victims reporting being 18 year olds suggested that age was not being honestly reported perhaps they had felt some pressure to not reveal their real age. The low number of 18 year olds might also reflect recruiting practices of commercial sex establishments, which may have intentionally avoided recruiting below age girls because of the aggressive prosecution of cases below 18 years of age. (Trafficking cases involving girls below 18 were 10 times more likely to be prosecuted). 6 It is likely that many identified women and girls identified as Vietnamese nationals on the Record Sheet were in fact ethnic Vietnamese who were born in Cambodia or long term migrants to Cambodia. Ethnic Vietnamese make up approximately 5% of total population of Cambodia (CIA website, accessed February 2008). It was also unclear whether the women/girl was recruited for sex work in Vietnam or in Cambodia. 28

29 Figure 4. Nationality of CSE women and girls (Q1.7, Q1.10) Source. NGO Joint Statistics Project Figure 5. Age distribution of trafficked women and girls for the purpose of CSE (N = 179) Source. NGO Joint Statistics Project Educational attainment Educational attainment of trafficked CSE women and girls mirrored national distributions. Of the women and girls trafficked for CSE, 31.6% were illiterate, with another third achieving education levels of three to five years. 7 The educational attainment of women who knowingly entered sex work and were not trafficked was not substantially different than cases of women who knowingly entered and were trafficked, nor did it vary by age or by trafficking type. However, Vietnamese women and girls (when 7 According to the Ministry of Planning, for a child to be safe from lapse back into illiteracy, the child must at least complete grade 4 or 5. 29

30 Figure 6. Educational attainment of women and girls in Cambodia Source: Cambodia Socio Economic Survey 2004 and NGO Joint Statistics Project compared to Khmer) fell on either end of the educational attainment curve, with either very low educational attainment (less than two years) or high educational attainment (more than eight years). Marital status Among trafficked CSE women and girls, 19% had married by the time of release from the trafficking situation, which was significantly lower than the national marriage rate by age. 8 Over 9% of trafficked CSE women were widowed, which was significantly higher than the national rates, which were 1.0% and 2.0% for women aged and 25 29, respectively, according to the National Institute of Statistics. Since the ECPAT CAMBODIA Record Sheet did not ask whether the woman/girl had divorced, it s not possible to compare with the national female average divorce rate (2.6% in 2004). The low marriage rate and high rate of widowhood further demonstrated limited family support options available for trafficked CSE women and girls. 8 According to the National Institute of Statistics, the mean age of marriage for females in Cambodia was 22.5 in

31 Figure 7. Marital status of trafficked CSE women and girls (N = 171) (Q1.11) Source. NGO Joint Statistics Project Parents According to the Ministry of Planning, nationally 6.4% of children under the age of 18 have experienced the death of their father, and 1.7% have experienced the death of their mother. 9 Among trafficked CSE women and girls, 25% experienced the death of their father and 23% experienced the death of their mother prior to being trafficked, 10 in addition to high rates of parental desertion. Overall, only 57% of trafficked CSE women and girls reported living with their father and 56% reported living with their mother at the time of recruitment. Considering the almost complete lack of social services available in Cambodia, household breakdown was likely to bring both economic and social hardship for the family. Household breakdown attracts the attention of local recruiters. Compared with all trafficked CSE women and girls, a much higher proportion of trafficked CSE women and girls experiencing family breakdown were recruited from the village where they were born, and a somewhat higher proportion were recruited by someone known or related. Household breakdown did not predict the recruitment strategies, which included both deception (promised other work) and voluntary entry into sex work (and subsequent trafficking). Other research confirms that parental death, divorce, and desertion were major factors in exposing women and girls to recruiters. Step parents (and their relatives) were also reported to play a significant role in pushing women and girls out of the household and exposing them to the risk of trafficking, either actively or passively CAMInfo 3.0, 2004, National Institute of Statistics, Ministry of Planning. National parent mortality statistics are specifically for children under the age of 18. It is possible to calculate parent mortality for trafficked CSE girls (<18), but due to age discrepancies in the data (the age is collected at time of admission to the NGO shelter, whereas the ECPAT CAMBODIA Record Sheet requests the status of parents at time of recruitment ), this exercise was omitted % experienced the death of both parents. 11 Ties that Bind, p

32 Figure 8. Was the father living with the family at the time of trafficking? (N = 86) (Q1.13) Source. NGO Joint Statistics Project Household size Overall, household size of trafficked CSE women and girls was almost identical with national average household size. According to the National Institute of Statistics, the estimated fertility in Cambodia was 3.3 in , compared to the 3.29 siblings reported by trafficked CSE women and girls. Interestingly, national demographic data indicated that women and girls from larger families could be at less risk because they were more likely to stay with the family in their home village or migrate as a group. 13 However, the average size of Vietnamese households was somewhat larger than those of Khmer families. The average number of siblings in families with Vietnamese trafficked CSE women and children was 3.47, while in Khmer families the number of siblings averaged Figure 9. Was the mother living with the family at the time of trafficking? (N = 109) (Q1.14) Source. NGO Joint Statistics Project 12 National Institute of Statistics (2005). Cambodia Socio Economic Survey National Institute of Statistics (2005). Cambodia Socio Economic Survey

33 In aggregate, data did not reveal any discernable pattern indicating that older siblings were more or less likely to be trafficked than younger siblings. When disaggregated by ethnicity, however, an interesting trend emerged. Vietnamese trafficked CSE women and girls were more likely to be among the younger siblings than Khmer women and girls, while older Khmer siblings were slightly more likely to be trafficked for CSE than their younger siblings. Overall then, Khmer families of trafficked CSE women and girls were slightly smaller than the national average, while Vietnamese families of trafficked CSE women and girls were larger than the national average and the younger siblings were more likely to be trafficked than their older siblings. Trafficked siblings In 9.3% of cases (N = 108), trafficked CSE women and girls had siblings who had been trafficked. Of these cases, 80% had experienced family breakdown (parent death, desertion, or divorce), and 70% were deceived in the recruitment process (i.e. were promised other work, such as waitress). In 60% of the cases the recruiter was known or related to the woman/girl, and in one case, an aunt recruited three daughters from two families. Rape In 4.3% of cases (N = 118), trafficked CSE women and girls had been raped prior to trafficking, most of whom (four out of five cases) had been tricked into the sex trade, suggesting that social stigma was not the reason the rape victim concluded that she had no alternative but to enter the sex trade. Instead, the rape might be a reason why they were targeted for the sex industry by the recruiter. In three of the five cases, the woman/girl was recruited by a relative, and in three of the five cases the family had experienced disintegration through parental death, desertion, or divorce. It was possible that she had little if any protection from the family and few alternatives but to leave the household. Figure 10. Number of older siblings, by ethnicity (N = 160) (Q1.15) Note: Number of Vietnamese = 34, Number of Khmer = 126 Source. NGO Joint Statistics Project 21.3% of N were trafficked Vietnamese 33

34 Occupation Data for occupation prior to recruitment suggests significant levels of under employment among trafficked CSE women and girls. Among Khmer, 55.1% were either students or unemployed when they were recruited, while among Vietnamese, 72.8% were students or unemployed. The main difference in occupations was that over 22% of Khmer were farmers, whereas there were no Vietnamese farmers. The data suggested financial hardship among both populations, but especially the Vietnamese population. According to data collected from participating NGOs, 35.9% of all Vietnamese were tricked into CSE trafficking (i.e. promised another job, such as waitressing, only to be trafficked to a brothel), whereas 52.4% of all Khmer were tricked into CSE trafficking, indicating that Vietnamese were more likely than Khmer to knowingly enter into sex work. Table 4. Occupation prior to recruitment (N = 179) Source. NGO Joint Statistics Project Occupation prior to recruitment Total Khmer Vietnamese 1 Farmer Coffee shop worker Construction worker Factory worker Laborer Street vendor Run own small business Student Has no work and is not studying (<18) No work / at home ( 18) Servant Sex worker Karaoke girl Casino Dealer unknown or not reported TOTAL

35 6. RECRUITMENT Khmer girls were most likely to be targeted by recruiters (who were usually known or related to the victim) in their home village in conjunction with family breakdown. Without family support, she was likely to be economically vulnerable (unable to support herself, or expected to play an economic role for the family from a position of vulnerability). Lack of family support also increased the likelihood that she had to leave the household and depend on a looser network of friends and strangers who might put her at risk. The recruitment strategy in these cases often involved a promise of other work, such as waitressing or vending, only to be brought to commercial sex establishments for sex work. Female recruiters, often from the sex industry, opportunistically targeted Khmer women and girls in their home villages who were in search of ameliorating their current situation and lacked economic alternatives. Sexual abuse or rape were rarely reported to play a role in the recruitment process, although other research suggested that shame and social stigma were powerful tools used by traffickers or recruiters in source communities. 14 Vietnamese girls were more likely than Khmer to migrate in search of economic opportunity, and be targeted by female recruiters from the sex industry once they reached the economic centres of Phnom Penh and Siem Reap. Opportunistic recruiters, such as moto taxi drivers, were most likely to deceive or take advantage of the ignorance of the recruit, whereas sex establishment owners who were identified as recruiters were less likely to engage in deceptive practices in the recruitment process, but could engage in trafficking in the sale of the woman/girl to other sex establishments. Recruiter s relationship to the victim The gender of the recruiter was equally likely to be male or female when recruitment took place in the village where the woman/girl was born. In these cases, the recruiter was most often known or related to the victim. The recruitment was most likely to take place in conjunction with family breakdown, and the woman/girl s search for employment. Family breakdown reduced protective networks and increased exposure to the deceptive strategies of recruiters. In other cases, family breakdown led to forms of abuse which created an imperative to dissolve linkages with the family household and search for an opportunity to leave the village where she was born. After leaving the village where they were born, the recruiter was much more likely to be female. The recruiters were women from the sex industry or belonged to the woman/girl s friendship networks. The opportunistic friendship networks were more likely to use deception as part of the recruitment process, whereas women from the sex industry did not use deceptive practices but were able to target vulnerable women and girls in search of employment. Overall 60% of recruiters were female, with female recruiters predominating especially between the victim ages of Almost 18.3% of recruiters were employed by the sex industry (e.g. sex workers, brothel owners, and pimps). 14 The Ties that Bind: Migration and Trafficking of Women and Girls for Sexual Exploitation in Cambodia, p

36 Figure 11. Gender of the recruiter Was the CSE woman recruited from her home village? (N = 131) (Q1.9) Source. NGO Joint Statistics Project no yes Figure 12. Age of woman/girl Was the recruiter known or related to the victim? (N = 131) (Q2.12) Source. NGO Joint Statistics Project 18 <18 Figure 13. Gender of recruiter, by victim age (N = 140) (Q2.12) Source. NGO Joint Statistics Project Overall, 74.1% reported participating in the recruitment decision. All the women/girls who knowingly entered sex work reported participating in the recruitment decision and almost all the women/girls who migrated reported participating in the recruitment decision. The group most likely to report not participating in the decision were young girls living in the village where they were born, and whose parents made the decision to send their daughters to work. The most important reasons given for 36

37 Figure 14. Why did the victim agree to be recruited? (N = 130) (Q2.2.1) Note: more than one answer possible Source. NGO Joint Statistics Project participating in the recruitment decision included desire to support their poor family, to escape poverty, and to pay off debt. Very few women/girls reported participating in the recruitment decision to escape abusive living circumstances. Trafficking and migration Women and girls recruited from the village where they were born were most likely to be trafficked within the same province or to neighbouring provinces, whereas 85.0% of women and girls who originally migrated in search of employment were recruited in Phnom Penh. The recruiters of migrants in Phnom Penh were almost all associated with the sex industry. Interestingly, one third of the recruits in Phnom Penh were Vietnamese, and three quarters of the recruits in Siem Reap were Vietnamese. 15 Pull factors (i.e. demand for sex workers) appeared to be a more significant factor in the recruitment of Vietnamese migrants because they were disproportionally targeted by recruiters, although this depends whether Vietnamese women and girls migrated with the intention of finding work in the sex industry. Provincial population was correlated with the number of trafficking cases from the respective province, with Siem Reap the noticeable exception. 16 No trafficked CSE women or girls (and only 0.5% of all CSE women and girls, N = 222) were born in Siem Reap, the second largest trafficking destination in Cambodia, and the province saw relatively few migratory recruits. These facts suggest that counter 15 Due to methodological problems, it was difficult to differentiate between women/girls who were born in Viet Nam and came to Cambodia in search of work, long term migrants from Viet Nam, and ethnic Vietnamese born in Cambodia. 16 The CWCC branch in Siem Reap did not report for the NGO Joint Statistics Project, and it is currently unclear whether any CSE trafficking women or girls accessed CWCC services. 37

38 trafficking activities in the province might be having a positive impact. A second explanation could be that increased law enforcement efforts in the Province were forcing women and girls to become indirect sex workers, who were under represented in the shelter populations (and therefore underrepresented in the NGO joint statistics database). The remarkably low number might also indicate that women and girls had alternate economic opportunities in Siem Reap so that they were not compelled to enter the sex industry. Further investigation is required to explore what happened in Siem Reap to substantially alter trafficking recruitment there. Figure 15. Birthplace of trafficked CSE women and girls, and where recruited (Q1.7, Q1.9) Source. NGO Joint Statistics Project Two Khmer girls were recruited in Thailand, with at least one living at Site 2 Refugee Camp. Oddar Meanchey 4 Banteay 1 Meanchey Siem Reap 4 Preah Vihear Stung Treng Ratanakiri 2 Battambang Pailin 5 Kampong Thom 2 45 Kratie 1 Mondulkiri Pursat 2 Kampong 12 Chhnang 1 Kampong Cham Koh Kong Sihanoukville Kampong Speu 1 Kampot Kep Phnom Penh Takeo 6 Kandal 2 4 Prey Veng Svay Rieng 3 Birthplace (N = 172) >15 cases 5-15 cases < 5 cases Recruited from home village (N=55) No cases reported Not recruited from home village (N = 53) 38

39 Figure 16. Number of trafficked CSE women and girls, by place of birth and provincial population (N = 137) (Q1.7) Sources: NGO Joint Statistics Project and First Revision Population Projections for Cambodia 2006, National Institute of Statistics, Ministry of Planning and Center for Population Studies, Royal University of Phnom Penh, Phnom Penh, Cambodia, June The majority of CSE trafficking was domestic (39.8% involved cross border trafficking), and followed broader migratory routes associated with search for employment from rural to urban areas. However, migration was not in itself an indicator of vulnerability because the social and economic profile of most female migrants was distinct from the profiles of trafficked CSE women and girls. Female migrants rarely moved more than once and most moved as part of the family household. Women and girls with little education and smaller families were most likely to migrate in search of employment, but this population was not over represented among trafficking CSE cases, suggesting that migration in itself was not correlated with an increased risk of trafficking. At the same time, at least 30% of trafficked CSE women and girls left their village prior to being recruited for sex work, compared with the national migration patterns, where 8% of women and girls left their village and family in search of employment National Institute of Statistics (2005). Cambodia Socio Economic Survey

40 Figure 17. Trafficking movements and destination Source. NGO Joint Statistics Project One victim trafficked from Thailand One victim trafficked to China Oddar Meanchey 1 Banteay 2 Meanchey Siem Reap 15 Preah Vihear Stung Treng Ratanakiri 1 Pailin 17 victims trafficked to Thailand Battambang 1 8 Pursat Koh Kong Kampong Chhnang 1 Kampong Speu 2 Kampot Sihanoukville Kep Kampong Thom 89 Phnom Penh Takeo 4 Kandal 2 Kampong Cham Prey Veng 1 Kratie 4 Svay Rieng 1 1 Mondulkiri 30 Vietnamese trafficked to Cambodian destination One victim trafficked to Viet Nam Major trafficking flows 18 victims trafficked to Malaysia Trafficking destination (N = 171) 34 total Vietnamese were trafficked to a destination in Cambodia. The database confirms that three of the Vietnamese were born in Cambodia, and one was born in Thailand. Of the remaining 30 Vietnamese, there is no information provided to demonstrate whether they are ethnic Vietnamese born in Cambodia, long term migrants to Cambodia, Vietnamese nationals migrating to Cambodia and subsequently trafficked, or Vietnamese nationals recruited from Viet Nam. In twelve cases (7%, N = 171) women and girls were taken to locations other than that promised by the recruiter. In 10 of these cases the women/girls were initially deceived by being offered other work (type 1), while in two cases the girls were offered work in Karaoke bars in Phnom Penh, but were subsequently taken to Thailand. In one case, a Vietnamese victim was promised transportation to Thailand but was brought instead to Cambodia. 40

41 Table 5. Promised and actual destination (Q2.4, Q2.5) Source. NGO Joint Statistics Project Promised Destination Cambodia Cambodia Cambodia Thailand Malaysia Kampong Cham Svey Rieng Takeo Actual Destination Thailand (five cases, three went to Trat Province and two to Bangkok) Malaysia (one case) Ho Chi Minh City, Vietnam (one case) Cambodia (one case, who originally came from Vietnam) Cambodia (one case) Ratanakiri (one case) Phnom Penh (one case) Phnom Penh (one case) Prey Veng Phnom Penh (one case) Conditions at the commercial sex establishment Almost all abuse to which the trafficked CSE women and girls were subjected was reported by women and girls who were deceived at recruitment. The two major types of abuse were sex related. The nonsex related abuse fell primarily on trafficked CSE women who fell into type 1 trafficking, suggesting that the sex establishment resorted to force to control women who resisted their trafficking situation. These women were the most likely to be beaten, deprived of food, not paid or paid much less than promised, and not allowed to leave their place of employment. Table 6. Types of abuse to which trafficked CSE women and girls were subjected (Q2.7) Source. NGO Joint Statistics Project Types of abuse to which women and girls were subjected at the commercial sex establishment CSE Trafficking Type 1 (N = 90) 18 (N = 54) < 18 (N = 36) All CSE trafficking cases (N = 179) 18 (N = 111) < 18 (N = 68) Forced to work more than 48 hours per week 0 (0.0%) 0 (0.0%) 1 (0.9%) 0 (0.0%) Forced to perform sex acts against her will 28 (51.9%) 15 (41.7%) 31 (27.9%) 19 (27.9%) Beaten 10 (18.5%) 4 (8.3%) 11 (9.9%) 4 (5.9%) Deprived of food 7 (13.0) 1 (2.8%) 7 (6.3%) 1 (1.5%) Sexually abused 25 (46.3%) 14 (38.9%) 26 (23.4%) 22 (32.4%) Detained when not working 4 (7.4%) 3 (8.3%) 4 (3.6%) 3 (4.4%) Not paid or paid much less than promised 3 (5.6%) 0 (0.0%) 3 (2.7%) 0 (0.0%) Employer held identity documents 1 (1.9%) 0 (0.0%) 1 (0.9%) 0 (0.0%) Not allowed to leave their place of employment 11 (20.4%) 2 (5.6%) 11 (9.9%) 4 (5.9%) Incapacitated ( became unconscious ) and raped 0 (0.0%) 1 (2.8%) 1 (0.9%) 1 (1.5%) Other: forced to serve guests 1 (1.9%) 0 (0.0%) 1 (0.9%) 0 (0.0%) 41

42 7. RELEASE FROM TRAFFICKING AND REFERRALS TO SHELTERS, REFERRAL AGENCIES, AND LEGAL AID NGOS The vast majority of trafficked CSE women and girls reaching shelters, referral agencies, and legal aid NGOs were rescued, with only 13% arrested, escaping, or repaying their debts. The pattern was extreme for non trafficked CSE women: 100% of cases were released from the CSE establishment by rescue (N = 203). Raids were the principal form of rescue from the commercial sex establishment, suggesting that most of the locales were brothels, but this could not be confirmed because the ECPAT CAMBODIA Record Sheet did categorize commercial sex establishment by type. Figure 18. Method of release from trafficking situation (N = 131) (Q2.13) Source. NGO Joint Statistics Project In trafficked CSE cases, the police were the primary rescuing agency (65.0%), while Government social workers played the predominant rescuing role in non trafficking cases (63.1%). There was no significant difference in release patterns when the data was disaggregated by age ( 18, <18). The women and girls who were victims of deceptive recruiting (Type 1) were much more likely to have escaped, been rescued by relatives, or been rescued by NGO efforts. When the women/girls knowingly entered the sex industry (types 2 and 3), the woman/girl was usually brought to the shelter by the police or Government social worker. Table 7. Who rescued the woman/girl from the CSE situation? (Q2.13) Note: more than one answer possible. Source. NGO Joint Statistics Project Who rescued the woman/girl from CSE situation? Trafficked CSE cases (N = 104) Non trafficked CSE cases (N = 203) 18 <18 18 <18 Parents N/A Relatives N/A NGO N/A Police N/A Government social worker N/A 42

43 Referral CSE trafficking cases were referred to shelters by a wide range of organizations and agencies, while nontrafficked CSE cases were referred to shelters primarily by the police, Government social workers, and in particular Seva Kapea Koma (SKK), an NGO affiliated with the Government. Significantly, the police were not the mostly likely to refer cases to shelters even though they were by far the most likely to rescue to women and girls. Instead, NGOs were the most likely to refer the women and girls to shelters, followed by the police and Government social workers. The data suggested NGO service providers are able to distinguish CSE trafficking cases from non trafficked CSE women, particularly cases where women and girls were tricked into sex work by deceptive recruiting practices (Type 1 trafficking cases). Referral patterns remained unchanged when the data is disaggregated by age ( 18, <18). Figure 19. Referral agencies of CSE trafficking cases (N = 219) and CSE non trafficking cases (N = 251) to NGO shelters (Q3.1 and Q3.2) Note: Each case may have been referred by more than one agency Source. NGO Joint Statistics Project The police and Governmental social workers, as the principal rescuing agencies, appeared to be able to differentiate the needs of the victims, as seen by different referral patterns by trafficking type. Type 1 cases were most likely to be referred to NGO shelters, and non trafficked CSE women and girls were more likely to be returned to their home villages. On the other hand, after 2004, there was evidence that police and local authorities were increasingly likely to refer trafficked CSE cases, particularly those women/girls who knowingly entered sex work (trafficking types 2 and 3), to their home villages as well. Figure 20 below present s victim referral trends for the years as reported by the Department of Anti Human Trafficking and Juvenile 43

44 Protection, Ministry of Interior. The data aggregated referrals for a variety of sex related crimes investigated by the Department (rape related crimes, pedophilia, and pornography, and indecent assault, in addition to human trafficking, both labour and CSE), so any observation is made with caution. Nevertheless, the trends indicated a marked shift away from referrals to NGOs since 2004, a moderate increase in referrals to Government agencies, and a sharp increase in the number of victims returned to their families. Figure 20. Police referrals of women and girls who were victims of sex related crimes Note: the Department of Anti Human Trafficking and Juvenile Protection does not disaggregate referral data by sex related crime types, which include rape related crimes, indecent assault, debauchery, sexual exploitation, trafficking, and pornography. Source. NGO Joint Statistics Project The declining number of referrals to NGOs was confirmed by NGOs participating in the NGO Joint Statistics Database Project, most of which reported a decline in the number CSE trafficking cases referred to their shelter in 2005 and Some NGOs reported changes in their programmatic priorities or loss of funding in 2005 and 2006, indicating that reductions in NGO service availability could be an important underlying cause for shifting referral processes. Increased pressure on law enforcement officials to crackdown on sex related crimes may not have been complemented with adequate training to deal with the victims of the crime. Many police, due to their lack of knowledge, may have simply sent the victims back home. When NGO staffs were asked whether declining numbers of referrals might be a reflection of the trafficking situation in the country, some responded that improved collaboration with law enforcement authorities might have positively impacted the situation, while others responded that they did not feel the situation had substantially changed in recent years. 44

45 According to reports from Population Services International and Family Health International, 18 two international NGOs working in the public health sector, in the first months of 2008 over three hundred brothels were closed, which dispersed the sex workers, who consequently became more difficult to trace for the provision of health services. Data from the NGO Joint Statistics Project and the Department of Anti Trafficking suggests that the pattern of increased law enforcement efforts to shut down brothels and other establishments selling sex started to accelerate as early as A consequence of the policy was declining numbers of CSE trafficked women/girls accessing the services provided by the NGOs participating in the Joint Statistics project, and increasing numbers of sex workers being returned to their families by police. The question facing the service providers is how to improve access to direct and indirect female sex workers who are increasingly hidden as a result of brothel raids and closures. The declining number of CSE trafficked women and girls detected by the NGO Joint Statistics Project, then, reflects implementation of Government policy rather than a change in the trafficking situation. The data also reflects the inability of the NGO sector to respond to a changing policy environment. Police played an important role in the rescue and referral processes for both trafficked and nontrafficked CSE women and girls, but the relationship remained conflicted. On the one hand, brothel owners were increasingly arrested and prosecuted for profiting from the sex trade and were making increasing efforts to evade scrutiny from the authorities. On the other hand, the police were common clients, and received bribes for complicity in monitoring the movements of CSE women/girls who registered with authorities. 19 In some cases, the police themselves were brothel owners Family Health International, The Trafficking Law and its Effect on Entertainment Service Workers, and Cambodia Daily article, Brothel Raids, Arrests Worry Health Workers, written by Chhay Channyda and Emily Lodish. 19 Ties that Bind, p AFESIP database. 45

46 8. NGO SHELTER SERVICES FOR TRAFFICKED CSE WOMEN AND GIRLS 21 A variety of services were provided to trafficked CSE women and girls upon admission to NGO shelters. Short term services such as accommodation, food, counseling, and medical treatment were provided to about half of reported admissions, while long term care such as vocational and literacy training, reintegration support, and financial support for victims and family were provided to about a quarter of women and girls admitted to the shelters. Trafficked CSE girls (<18), particularly Type 1, were more likely to receive a wider variety of services because they were likely to stay for longer periods of time than trafficked women. Types 2 and 3 trafficked women were more likely to stay for short periods in the shelter, therefore receiving short term services only. Figure 21. Percent trafficked CSE women and girls (N = 152) receiving specific NGO shelter services (Q4.1). Source. NGO Joint Statistics Project The average length of stay for women ( 18) was a month shorter than that of girls (<18), 2.9 months and 3.9 months, respectively. Non trafficked CSE women stayed in shelters for a shorter time, 2.4 months on average, with almost 70% leaving within a month. According to limited data (N = 39), trafficked girls were the most likely group to leave the shelter prematurely. The main reason given for leaving the shelter prematurely was that the woman/girl was unable to adapt to life in the shelter (note that N = 5 for Q4.2, reasons for leaving the shelter prematurely ). 21 Sections 4 and 5 of the ECPAT CAMBODIA Record Sheet asked overlapping questions, resulting in inconsistent information on service provision. For example, in Q4.1, 52.0% of women reportedly received counseling (N = 84), while in Q5.4, 94.8% of women reportedly received counseling (N = 58). 46

47 Figure 22. Number of months trafficked CSE women (N = 32) and trafficked CSE girls (N = 34) remained in NGO shelter (Q4.2). Note number of cases excluded those remaining in shelter at time of NGO reporting Source. NGO Joint Statistics Project Social or behavioural problems were reported by 15.9% of trafficked CSE women and girls (N = 51) (Q4.5), though trafficked girls were more likely to experience social and behavioural problems. The trafficking cases who were tricked/forced into sex work (Type 1), especially those <18, were the most likely to report drug addiction, alcohol dependency, or depression (25.0%). The data collected by the ECPAT CAMBODIA Record Sheet reported significantly lower drug use rates compared to a study on drug use among survivors of exploitation conducted in 2006 by the Asia Foundation, 22 which reported a 50% drug dependency rate among women/girls who had been trafficked (N = 24). Other surveys confirm that substance abuse is common among sex workers, whether or not they are victims of trafficking. A survey conducted by the National Centre for HIV/AIDS, Dermatology and Sexually Transmitted Disease (NCHADS), for example, reported that 18.6% of direct female sex workers reported the use of methamphetamine tablets, 23 and a survey conducted by Population Services International (PSI) 24 reported that 84.0% of karaoke women drank alcohol every day and 9.0% had tried methamphetamine at least once. Drug and alcohol use rates appeared to be location specific, with some places reporting very high rates and some places reporting very low rates, which accounts for the wide divergence of estimates. Assessments of anxiety and depression among CSE women and girls seemed to 22 Asia Foundation (2006), p NCHADS Presentation, April Population Services International (2007), p

48 reflect the capacity and standards of the service providers more than the representative picture of the condition of trafficked CSE women and girls. Overall, 75.8% of trafficked CSE girls were reintegrated into their home village, compared with 64.4% reintegration rate for trafficked CSE women. In a limited number of cases women and girls were living with relatives after leaving the shelters. High unknown rates for trafficked women reflected difficulties tracking adult populations in general and the high mobility of sex workers in particular. The reintegration rates of trafficked CSE women varied little from reintegration rates of non trafficking cases. Interestingly, reintegration rates were similar among all trafficking Types, regardless whether a parent had died, deserted, or divorced, or whether the woman/girl had been recruited in her home village by someone known or related. Medical support NGO shelters were able to arrange for a doctor to examine the victim in 83% of cases (N = 145) (Q5.1), and arranged for treatment as necessary (Q5.2). The remaining 17% were unable to see a doctor because the organization could not provide medical examinations or referrals. Only in one case did the victim refuse to be examined. A total of 76 trafficked CSE women and girls contracted a sexually transmitted disease (42.2%), 25 four were pregnant (2.2%), and one had contracted HIV (0.6%). Figure 23. Percent trafficked CSE women (N = 45) and trafficked CSE girls (N = 33) returning to home village after leaving NGO shelter (Q4.3) Source. NGO Joint Statistics Project 25 ASESIP reported that 100% of CSE cases (both trafficked and non trafficked) had a sexually transmitted disease, suggesting it has a significantly broader definition of STD than other agencies. AFESIP reported 41.9% of all trafficking cases in the NGO Joint Statistics Database, and almost all STD cases. 48

49 9. ARRESTS AND PROSECUTION Data collected by participating NGOs indicated that 30.7% of CSE trafficking cases were successfully prosecuted. However, for most cases no information on investigation and prosecution was entered on the ECPAT CAMBODIA Record Sheet, so it was unclear whether these cases had not been investigated and prosecuted or whether data providers simply did not have information on investigation and prosecution of the cases. Nevertheless, based on the data that was submitted, there appeared to be a determined effort by Governmental and non governmental agencies to investigate and prosecute cases involving trafficked CSE girls (<18), which constituted 89.3% of cases reaching the trial stage. Data provided by the Department of Anti Human Trafficking and Juvenile Protection corroborated the NGO joint statistics, indicating that law enforcement officials were increasingly successful in investigating trafficking cases, and arresting and prosecuting trafficking suspects. Of the 117 cases reported to police, 81.2% were reported by NGOs and Government social workers, with the remaining 18.8% of cases being identified by the police. Cases involving trafficked CSE women ( 18) were less likely to be reported to police for investigation than cases involving girls (<18): 29% of trafficking cases ( 18) were not reported to the police and 7.8% of trafficking cases (<18) were not reported. Reasons given for not involving the police included wanting to avoid public embarrassment, fear of retribution from traffickers, to avoid reliving the trafficking experience, and to protect family honor and reputation. In most cases, however, no reason was provided. Of the 117 cases reported to police, 40 cases led to investigation of alleged traffickers in 2005 and Almost 83% of investigations led to charges being filed against the alleged offender, either for trafficking or debauchery and trafficking. 27 When disaggregated by age, charges were more likely to be filed in cases where the victim was less than 18 years of age (85.0%), declining to 75.0% for cases 18 years and over. In cases where no charges were made, the most cited reason was decided not to make a complaint, with one woman withdrawing her complaint, and in one case no charges were made due to lack of evidence. Offenders were more likely to be arrested in cases involving trafficked CSE girls. Investigations led to arrests in 80.8% of cases involving trafficked girls, compared to 57.1% in cases involving trafficked CSE women. Thirty seven trafficked CSE women and girls reportedly received legal assistance from legal aid NGOs. 28 Only in one case did a woman lodge a complaint with NGO legal assistance in a case that was subsequently dropped due to lack of evidence. In those cases where the women and girls chose not to 26 The Record Sheet recorded 40 complaints leading to investigation, but it also recorded 56 cases reaching trial. This discrepancy revealed limitations in the quality of the data for this section or the Record Sheet. 27 Debauchery refers to pedophilia. 28 The cases represented by legal aid NGOs were the cases for which the Record Sheet was completed. It is not possible to conclude, then, that only cases represented by NGOs reach trial. However, the number and proportion of cases captured by the NGO Joint Statistics Project seem to be consistent with data from the Anti Trafficking Department and a court monitoring project being implemented by the Centre for Social Development, although more analysis of the other databases would be necessary to state this conclusively. 49

50 make a complaint or withdrew their complaint no legal representation was reported. Available information on legal aid agencies to which the trafficked CSE women and girls were referred are summarized in Table 8. Table 8. Legal aid agencies to which trafficked CSE women and girls were referred Source. NGO Joint Statistics Project NGO shelter Number of CSE trafficked women and girls Legal aid NGO to which they were referred ADHOC 4 LSCW AFESIP 4 AFESIP AFESIP 1 CDP HCC 2 LSCW LICADHO 2 LSCW WHI 5 LSCW WVC 1 IJM WVC 1 LICADHO WVC 2 PJJ Not reported 1 PJJ Not reported 14 LSCW Figure 24. Number and proportion of trafficking offenders questioned, arrested, charged, prosecuted and convicted 29 (Q6.1.1 Q6.2.2) Source. NGO Joint Statistics Project 29 Offender questioned (N = 40), arrested (N = 40), charged (N = 32), prosecuted (N = 25), and convicted (N = 56). 50

51 Of the 179 total reported CSE trafficking cases, 56 (31.3%) reached the trial stage, and offenders were convicted in 55 of 56 cases. The conviction rate of 98.2% is a fairly typical conviction rate for most crimes types in Cambodia. More significant was the number of convictions when disaggregated by age: 50 offenders were convicted in cases involving trafficked girls, while in cases of trafficked women, only 6 cases reached trial. Recalling that 55.3% of trafficking cases were 18 years of age and older, it is clear from Figures 25 and 26 that access to justice (i.e. investigation, charges, arrest and conviction) was much more limited for women compared to girls. It is necessary to explain the data discrepancy which is particularly prominent in Figure 25. The data shows that the number of convictions was greater than the number of trials (among others data sets)! The cause of this anomaly is methodological and concerns the agencies completing the ECPAT CAMBODIA Record Sheet. For the first four categories (offender questioned, arrested, charged, and trial held), the data providers capable of providing the information were primarily legal aid NGOs. NGOs providing other protection services would be unlikely to know much about the legal progress in the case, and might only know (and record in their agency case files) that an offender was convicted in the case, and complete the Record Sheet accordingly. Figure 25. Number and proportion of trafficking offenders questioned, arrested, charged, prosecuted, and convicted in cases involving trafficked CSE girls (<18) 30 (Q6.1.1 Q6.2.2) Source. NGO Joint Statistics 30 Offender questioned (N = 26), arrested (N = 26), charged (N = 20), prosecuted (N = 23), and convicted (N = 51). 51

52 Figure 26. Number and proportion of trafficking offenders questioned, arrested, charged, prosecuted, and convicted in cases involving trafficked CSE women ( 18) 31 (Q6.1.1 Q6.2.2) Source. NGO Joint Statistics Project Data from the Joint Statistics project indicated that 77.5% of cases led to investigation, and 72.5% led to arrests. According to the Department of Anti Human Trafficking, 73 arrests were made for human trafficking in 2005, and an additional 32 arrests in 2006, with over 90% of reported cases leading to investigations, and 46% of investigations leading to arrests in 2005 rising to 56% of investigations leading to arrests in Note, however, that Department data for cases reported and investigated were only available in aggregate for all sex related crimes for which the Department is responsible, including rape related crimes, indecent assault, pornography, pedophilia, and sexual exploitation, in addition to human trafficking. It will be a significant advance in monitoring when the Anti Trafficking Department takes the next step and disaggregates case reporting, investigation, and arrest by crime type. The average prison sentence of the 55 convicted traffickers was 14.2 years, with sentences varying from less than a year up to 28 years. Most offenders were given sentences of 10 or 15 years. In two cases the offender was ordered to pay compensation to the victim in one case the amount was US$6250, and in the other case the amount was US$250. Two cases are currently under appeal. 31 Offender questioned (N = 14), arrested (N = 14), charged (N = 12), prosecuted (N = 11), and convicted (N = 5). 52

53 Figure 27. Number of cases reported, investigated, and leading to arrests Source. Department of Anti Human Trafficking and Juvenile Protection, Ministry of Interior Note: Data on arrests was not available for Figure 28. Prison sentences for offenders convicted of trafficking (N = 55) (Q6.2.2) Source. NGO Joint Statistics Project 53

54 10. CONCLUSIONS AND RECOMMENDATIONS TO PREVENT CSE TRAFFICKING OF WOMEN AND GIRLS The number of cases of trafficked CSE women and girls declined from 111 cases in 2005 to 68 cases in Almost 45% of the trafficked CSE cases were below 18 years of age. Girls who were recruited for other work (such as garment worker or waitress) but were instead forced into sex work were most likely living in the village where they were born, recruited by someone they knew or were related to, and had experienced a parent s death, desertion, or divorce, or other family problems. These girls were the most likely to report that supporting their family and escaping poverty were motivating factors in their employment decisions. They were most likely to report being abducted. Family breakdown was a distinctive characteristic among girls who were deceived into sex work. Girls with indicators of family breakdown need to be reached in their villages with education on the risks associated with their situation. They need vocational training and trustworthy networks to link them with legitimate work opportunities. Vietnamese village communities and Khmer village communities that have witnessed trafficking cases should be specifically targeted for prevention campaigns and provided with alternate economic strategies to deal with family debt. Information on the punishment associated with the crime may also be necessary to deter family networks that might otherwise consider sex work as an acceptable option. Women who were recruited for other work such as garment work or waitressing and subsequently forced into sex work were likely to be living in the village where they were born, but were more likely to have migrated than the girls. This group was the most likely to report being widowed, and also reported the death, desertion, or divorce of their parents. They were less likely to know the recruiter than the under 18 year olds, but more likely than women who knowingly entered sex work. They were more likely to report being abducted than women and girls knowingly entering sex work. The group was the most likely to report abusive conditions in the sex establishment. Women deceived into sex work seemed more compelled to take risks because of their difficult economic situation and burden of duty to their family. They were therefore vulnerable for distinct reasons than girls. These women lived in the most abusive circumstances, but NGO services and legal recourse was more limited than those of girls. Women require preventive services in both their home villages but also migratory destinations, particularly Phnom Penh and Siem Reap. Additionally, more effort must be made to rescue these women because of the particularly abusive conditions which they are enduring. More efforts are also required to prosecute their cases, and the data suggests this group would be receptive to additional legal support to pursue their case in court. Women who knowingly entered sex work most often migrated in search of work and were offered sex work by a recruiter associated with the sex industry. These women were the most likely to be sold to other commercial sex establishments (which is associated with debt bondage). The group was the least likely to report that assisting her poor family or escaping poverty were reasons why she chose to enter sex work, although these reasons were still reported by a significant number. This group was also the least likely to report abuse in the workplace. These women are particularly difficult to assist because they have spent several years at commercial sex establishments, have experienced a normalization of 54

55 expectations, and are the least receptive to interventions. The three most evident interventions based on information collected in the NGO Joint Statistics Project are the resolution of any debt associated with the commercial sex establishment, alternative income skills, and trustworthy networks to link vocational skills with employment opportunities Although Siem Reap was the second largest trafficking destination in Cambodia, no women or girls from the province were trafficked in 2005 or 2006, and less than 1% of non trafficked CSE women were from there. Further investigation is needed to discover why Siem Reap showed such unique and promising trends. The question is: to what extent are counter trafficking efforts the cause of such positive trends in the province? Conclusion Information collected in the NGO Joint Statistics Project suggests that current counter trafficking systems seem to be having an impact on the trafficking situation in the country. However, there is no reason to believe that push factors, such as family breakdown or lack of economic alternatives, have significantly altered or that demand for sexual services has abated. The evidence suggests that the provision of commercial sex has evolved, and has become more hidden due to increased law enforcement efforts. But the data collected by the NGO Joint Statistics Project suggested that shelters, referral agencies, and legal aid NGOs continued to provide services principally for brothel based CSE trafficking cases. Government and NGO service providers may be lagging behind the dynamics of the CSE trafficking situation, with increasing numbers of trafficked CSE women and girls engaged in indirect sex establishments with inadequate access to protection, reintegration and prosecution services. 55

56 11. RECOMMENDATIONS TO STRENGTHEN THE NGO JOINT STATISTICS PROJECT The ECPAT CAMBODIA Record Sheet was used for the first time for the NGO Joint Statistics Project It was a modification of the Record Sheet used for the project. While it is impossible to predict and resolve all eventualities the first time any tool is used, it is important to build upon lessons learned by modifying the questionnaire and standardizing the implementation protocol. In the course of data collection, collation and analysis, a number of strengths and weaknesses were identified. Methodology It is of utmost importance that the appropriate personnel complete the ECPAT CAMBODIA Record Sheet. Many of the questions require in depth knowledge of the case. 32 When general staff used case records to complete the Record Sheet, the quality of the collected data suffered accordingly. ECPAT CAMBODIA must therefore coordinate with data providers to ensure staff with the most in depth knowledge of the case complete the Record Sheet, and sufficient training must be provided to ensure they fully understand the design and intent of each question The ECPAT CAMBODIA data management staff must review each submission and actively ensure that the form is completed correctly and consistently. ECPAT CAMBODIA staff may be required to pursue prosecution data and conciliation data about which the shelter may have only limited knowledge. For example, 56 Record Sheets provided information on prosecution of the trafficker. It was unclear whether no complaints were made for the remaining 123 cases or whether the NGO shelter simply did not know. It was therefore not possible to make more meaningful assessment on the performance of legal aid NGOs and the Government to provide victims of CSE trafficking access to justice. Another important factor affecting the collection of reliable data was the lack of an Instruction Manual delineating the appropriate procedures for data collection and analysis. The lack of explicit guidelines led to inconsistent instructions being given to the participating NGOs completing the form. Documentation of a standardized methodology is critical to ensure the feasibility of longitudinal analysis. In some cases, terminology in the Record Sheet was ambiguous or even misleading. For example, the terms sex work, prostitution, sexual abuse and forced sex were all used in the Record Sheet, but it was often unclear what distinctions were trying to be made (whether the nuances were relevant in translation is another matter for concern). Section 2 of the ECPAT CAMBODIA Record Sheet was designed to provide enough information to independently assess whether CSE women and girls were trafficked. However, since ECPAT CAMBODIA directed the NGOs to submit only trafficking cases, and in some situations apparently directed NGOs not to submit CSE cases, the design and intent of the Record Sheet was not strictly adhered to according to the intent of the designer. Furthermore, in some situations participating NGOs misunderstood the 32 In fact, the form was designed to be used as a case management form, which would ensure the highest quality data was collected. 56

57 directions from ECPAT Cambodia staff and only submitted trafficking cases. Other participating NGOs did not submit CSE cases due to miscommunication between ECPAT Cambodia and the NGOs. Thus the intent and design of the Record Sheet was, to a certain extent, compromised. The ECPAT CAMBODIA Record Sheet was designed to standardize the trafficking assessment process, but without documentation, the intent of each question was not always clear, and could lead to serious methodological errors. 33 In practice, this meant that each case could not be fully assessed in accordance with the intended assessment framework: the UN Palermo Protocol and Cambodian Law against Human Trafficking. Furthermore, some issues commonly associated with trafficking, such as the role of debt bondage, were not explored in the Record Sheet. There may be legitimate reasons for omitting data collection of certain aspects of CSE trafficking (i.e. quantitative methods are inadequate to collect certain types of information), but the omissions should be justified. Additionally, Section 1 was intended to be used to eliminate duplication of cases in the database, but there was no guidance to explain the method to achieve this. The ECPAT CAMBODIA staff did a good job removing duplicate cases, but the process was haphazard, and was not documented in ECPAT CAMBODIA Record Sheet, affecting the reliability of some data. ECPAT CAMBODIA Record Sheet Almost half of the trafficking cases identified in the NGO Joint Statistics Project knowingly entered into CSE. The ECPAT CAMBODIA Record Sheet needs to collect more information to more adequately assess whether a woman who knowingly enters the sex industry is also a victim of trafficking. No Record Sheet had any information on conciliation (section 7) of the report. Shelters, referral agencies, and legal aid NGOs are not involved in the conciliation process, so it may be advisable to remove this question from the Record Sheet. Although the ECPAT CAMBODIA Record Sheet attempted to differentiate between ethnicity and nationality, the resulting data proved to be unreliable, particularly in the case of CSE Vietnamese. During consultations with participating agencies on the design of the ECPAT CAMBODIA Record Sheet, it was decided that a Vietnamese Cambodian was in fact Cambodian and should not be classified separately. But during the implementation phase of the project, this instruction was not operationalized. Further training is needed to ensure that those filling in the form understand the intent of questions associated with ethnicity and nationality. 33 For example, question 2.2 asked, Did the victim participate in the recruitment decision? This question was understood by ECPAT CAMBODIA staff to be asking whether victims volunteered to enter into commercial sexual exploitation. ECPAT CAMBODIA staff directed data providers to exclude voluntary cases (since they believed that women and girls who volunteered to become sex workers could not be victims of trafficking). Upon further consideration, it was concluded that the question was investigating vulnerability factors and was not intended to be used to exclude cases. Without a Record Sheet Instruction manual and effective training, ambiguities and vagueness were unavoidable, and seriously impacted the quality of the collected data. 57

58 The Record Sheet did not attempt to determine the type of establishment employing the CSE women/girls when they were rescued, although it appeared likely most of the CSE trafficking cases were rescued from brothels. Since the sex industry appears to be shifting away from formal establishments to other types of establishments, it is important to investigate to what extent NGOs are providing services to indirect female sex workers (working in places such as karaoke parlours or beer gardens). The data collected on NGO services did not provide much insight on its effectiveness. Sections 4 and 5 of the Record Sheet should be revisited in an attempt to collect information that could be used to improve services. Additionally, sections 4 and 5 asked the same questions more than once, leading to conflicting data results. The ECPAT CAMBODIA Record Sheet was originally written in English, and later translated into Khmer for completion by NGOs participating in the NGO Joint Statistics Project. Some inaccuracies in the translation were encountered in the course of data analysis, which led to some discrepancies in the data. Major procedural issues arose during the course of the data collection activity, which resulted in significant reduction in the quality of the data collected. The three main issues: 1. Instructions given to the NGOs for the completion of the Record Sheet were informal, undocumented, and inconsistent. 2. The Record Sheet was designed for staff with thorough knowledge of the case, but in practice most Record Sheets were completed by the data management team. 3. When NGO case files were used, the information was not transferred to the ECPAT CAMBODIA Record Sheet in a systematic way. Data gaps There were several data gaps which require additional consideration: Was the woman/girl able to send money home to her family? It may prove useful to explore whether a woman/girl might be willing to accept exploitative circumstances in exchange for the economic benefits Did the woman/girl receive her salary, or was it sent directly to the family? Did debt bondage play a role in the case? While most associate trafficking with the use of force, other studies have found that it is much more common to use more subtle forms of control, such as deception and debt bondage. The ECPAT CAMBODIA Record Sheet does not adequately distinguish women/girls coming from rural and urban areas. Step parents are often implicated in family breakdown. It might be interesting to further explore their role in pushing the woman or girl towards CSE and/or trafficking. 58

59 Final recommendations ECPAT CAMBODIA, COSECAM and NGOCRC should work with coalition partners, shelters, referral agencies, and legal aid NGOs (the data providers), and the National Task Force on Human Trafficking, to revise the form, improve the protocol, develop a formal instructions guide to ensure standardization and sustainability, and implement the new plan in mid 2008 to collect all trafficking data (not only CSE trafficking) for It is very important that ECPAT CAMBODIA staff provide written instructions to NGO shelters, referral agencies and legal aid NGOs to ensure a standard protocol is followed by all data providers. It is suggested that a labour trafficking NGO should co sponsor and co implement the Database project. In this way, it will be possible to ascertain the relative number of CSE trafficking cases compared to all trafficking cases. This is an important issue that may have important policy implications. Also there should be efforts to broaden the number of NGOs to continue to strengthen comprehensiveness of the data. It was estimated that a Record Sheet would take between 45 minutes and an hour to complete. In practice, few invested the time required to complete the form, with most observing that the Record Sheet was too long and time consuming to complete, and that they could not provide much of the information requested on the Record Sheet. It is recommended that the Record Sheet be strategically shortened by removing questions that few were able to answer. (The other option is to train data providers to ensure they can provide the requested information). Data providers were trained to complete the ECPAT CAMBODIA Record Sheet in a one day session. With further training sessions, the quality of the collected information will likely continue to improve. 59

60 REFERENCES Barrett, Dr. Mark E. (2006). Nature and Scope of Substance Use among Survivors of Exploitation in Cambodia: An Assessment. Phnom Penh: Asia Foundation and USAID. Brown, Eleanor (2007). Out of Sight, Out of Mind?: Child Domestic Workers and Patterns of Trafficking in Cambodia. Phnom Penh: International Organization for Migration. Brown, Eleanor (2007). The Ties that Bind: Migration and Trafficking of Women and Girls for Sexual Exploitation in Cambodia. Phnom Penh: International Organization for Migration. Cambodian Women s Crisis Center (2007). Fact Finding Visit on Current Living Situation and Experience in Terms of Trafficking and Abuses in Marriage: Cambodian Young Women in Taiwan. Phnom Penh: Dan Church Aid. Center for Social Development (2007). The Court Watch Project: Annual Report. Phnom Penh. Channyda, Chhay & Lodish, Emily (2008). Brothel Raids, Arrests Worry Health Workers. Cambodia Daily, Volume 39, Issue 51, 01 May COSECAM (2007). Situational Analysis on Integrated Programming in Cambodia Relating to Child Trafficking and Exploitation. Phnom Penh. Derks, A., Henke, R., and Ly, V. (2006). Review of a Decade of Research on Trafficking in Persons, Cambodia. Phnom Penh: Asia Foundation and Center for Advanced Study. ECPAT CAMBODIA (2005). Database Report: Project on NGO Joint Statistics on Rape and Trafficking Phnom Penh: ANESVAD. ECPAT CAMBODIA (2006). ECPAT Network Annual Report. Phnom Penh: ANESVAD. Family Health International (2008). The Trafficking Law and its Effect on Entertainment Service Workers. Friends International (2006). Nature and Scope of the Foreign Child Beggar Issue (especially as related to Cambodian Child Beggars) in Bangkok. Phnom Penh: UNIAP. Guillin, Nadia Jeanne (2006). Goutte D Eau Rehabilitation Project: Examples of Good Practice. Phnom Penh: Asia Foundation, USAID and UNICEF. LICADHO (2007). A LICADHO Report: Violence against Women in Cambodia Phnom Penh. 60

61 Legal Support for Children and Women (2008). Non sex Human Trafficking, Particularly of Men: Research in Four Provinces of Cambodia. Phnom Penh: The Asia Foundation. Ministry of Social Affairs, Veterans and Youth Rehabilitation (2006). Policy on Alternative Care for Children. Phnom Penh: Royal Government of Cambodia. Ministry of Social Affairs, Veterans and Youth Rehabilitation (2007). The Return and Reintegration of Cambodian Trafficking Victims from Thailand: Summary Report January 2006 December Phnom Penh: Royal Government of Cambodia. Ministry of Social Affairs, Veterans and Youth Rehabilitation (2008). The Return and Reintegration of Cambodian Trafficking Victims from Thailand: Summary Report January 2007 December Phnom Penh: Royal Government of Cambodia. National Centre for HIV/AIDS, Dermatology and Sexually Transmitted Diseases (28 April 2008). Behavioural Surveillance Survey 2007 Power Point Presentation. National Institute of Statistics (2005). Economically Active Population in Cambodia Phnom Penh: Ministry of Planning. National Institute of Statistics (2005). Education: Summary Report for the Cambodia Socio Economic Survey Phnom Penh: Ministry of Planning. National Institute of Statistics (2005). New Demographic Estimates and Updated Projections for Cambodia. Phnom Penh: Ministry of Planning. National Institute of Statistics (2005). Trends in Migration from 1989 to 2004 Established from the Set of Intermittent CSES Surveys in the Period Phnom Penh: Ministry of Planning. National Institute of Statistics (1999). General Population Census of Cambodia 1998 Analysis of Census Results: Nuptiality. Phnom Penh: Ministry of Planning. Population Services International, Strategic Information Department, Cambodia. (2006). Cambodia (2006): HIV/AIDS TRaC Study Evaluating Condom Use among Karaoke Women with Sweethearts in Phnom Penh and Siem Reap. Second Round (Social Marketing Research Series). Washington, DC: Population Services International. Royal Government of Cambodia (2008). Law on Suppression of Human Trafficking and Sexual Exploitation. South East Asia Investigations into Social and Humanitarian Activities (2008). Newsletter: Stop Human Trafficking. February

62 Steinfatt, Thomas M. (2003). Measuring the Number of Trafficked Women and Children in Cambodia: A Direct Observation Field Study. Phnom Penh: USAID. UNIAP (2007). UNIAP Partnership against Trafficking. Phnom Penh: UN Inter Agency Project in the Greater Mekong Subregion. U.S. State Department (2007). Trafficking in Persons Report. Washington D.C.: Office of the Under Secretary for Democracy and Global Affairs and Bureau of Public Affairs. Vijghen, John L. (December 2007). Situation Analysis of Commercial Sexual Exploitation of Children in the Kingdom of Cambodia Phnom Penh: NGO Coalition to Address (Sexual) Exploitation of Children in Cambodia (COSECAM). 62

63 ANNEX 1. PROFILE OF PARTICIPATING NGOS SUBMITTING CSE TRAFFICKING CASES N 0 Name Acronym Programs Base of Operation Location of Operations Coalitions to which NGO belongs ECPAT NGOCRC COSECAM CAMBODIA 1 Agir pour les Femmes en Situation Précaire AFESIP Shelter, Prevention, Rehabilitation, Vocational Training and Reintegration Phnom Penh Kampong Cham, Siem Reap, Poi Pet, Koh Kong, and Kompong Som 2 Action Pour Les Enfants APLE Research and investigation Phnom Penh Siem Reap, Sihanoukville, Phnom Penh 3 American Rehabilitation Mission ARM Shelter, Vocational Training, Reintegration, and Education Battambang Battambang 4 Cambodian Center for the Protection of Children s Rights CCPCR Shelter, Vocational Training, Rehabilitation, Reintegration, Counseling, and Education Phnom Penh Svay Rieng 5 Cambodia Defender s Project CDP Legal Services Phnom Penh Kompong Thom, Battambong, Kompong Cham and Siem Reap 6 Cambodian Women s Crisis Center CWCC Shelter, Counseling, Education, Vocational Training, Medical Treatment, and Foster Care Phnom Penh Phnom Penh, Banteay Meanchey, Siem Reap 7 Healthcare Center for Children HCC Shelter, Education, Foster Care, Counseling, Vocational Training, Prevention, Life Skill Kandal Kandal, Koh Kong 63

64 8 Legal Support for Children and Women LSCW Legal Aid, Prevention Phnom Penh Phnom Penh, Prey Veng, Koh Kong, Kandal, Takeo, Kompong Speu, Kompot 9 HOMELAND MPK Shelter, Child Victim of Trafficking (Labour), and their parents died with HIV/AIDS Loan, Shelter, Vocational Training, Prevention, Education, Rehabilitation, Protection Battambang Battambang 10 Protection of Juvenile Justice PJJ Legal aid for child victims and child offenders Phnom Penh Battambang, Siem Reap and Banteay Mean Chey 11 Rural Aid Organization 12 Vulnerable Children Assistance Organization RAO VCAO 13 World Vision of Cambodia WVC Protection, Prevention, Rescue Victims, Legal Awareness Shelter, Advocacy, Prevention and Reintegration Shelter, Advocacy, Reintegration, Counseling, Vocational Training, Protection, Prevention, Education, and Reintegration Svay Rieng Svay Rieng Phnom Penh Phnom Penh Kampong Cham, Siem Reap, Kampong Chhang, and Takeo Kandal, Battambang, Preah Vihea, Takeo, Kampong Chhang, Kampong Speu, and Kampong Thom 64

65 Ref No. T (For ECPAT use only.) Record Sheet for Trafficking Case Your organization's name? Your organization's code for this victim? Date of completion (dd/mm/yy) / / 1 The victim and her/his family. 1.1 Name? (Optional- If it is provided the victims name will not be entered in the database and will only be used to prevent duplication of victim records.) 1.2 Age when recruited for trafficking? (If trafficked more than once, age when recruited most recently) 1.3 Date of birth? (dd/mm/yy) / / years 1.4 Sex? Female / Male 1.5 Occupation before trafficked? (Insert "1" for primary occupation, "2" for second occupation (if any),"3" for third occupation (if any) etc.). Weaver Moto driver Student Beer promoter.. Craft maker Farmer Karaoke girl.. Laboure Cyclo driver Garment factory. r. Fisher Has no work and is not studying Other factory work.. Recycler Street vendor Other (specify). 1.6 Which grade did the victim attain prior to trafficking? (for formal education only) No education Primary school (Please circle only one) Secondary school High school Greater than Grade Is the victim a Cambodian citizen? Yes / No If No go to Qn 1.10 If Yes where was she/he born? Village Commune District City/Province 65

66 1.8 Is the victim a member of an ethnic minority? Yes / No If Yes which minority? 1.9 At the time she/he was recruited for trafficking was the victim living in the village in which she/he was born? Yes / No If Yes go to Qn 1.11 If No in what village was she/he living when she was trafficked? Village Commune District City/Province If No had the victim lived in one other village or many other villages? If Many, how many? (Go to Qn 1.11.) 1.10 If the victim is not a Cambodian citizen in which country was she/he born? One / Many Was the victim trafficked while living in Cambodia If Yes, where was she/he living when she was trafficked? Village Commune Yes / No District City/Province If No, which country was she/he trafficked from? 1.11 Marital status? (tick one) single married widowed informal marriage 1.12 Did the victim live with his/her parents before she/he was Yes / No trafficked If Yes go to Qn 1.13 If No did she/he live with her/his husband grandparent(s) wife uncle and/or aunt sibling(s) Other (specify)... If No go to Qn Victim's father. Name (Optional - If it is provided the father's name will not be entered in the database and will only used to prevent duplication of victim records.) Age, if living. years Was he living with the victim s family at the time the victim was trafficked? Yes / No 66

67 If No, was he (Tick one box) dead deserted the family in prison working somewhere else divorced Other (specify)... If Yes, what is his occupation? (Insert "1" for primary occupation, "2" for second occupation (if any),"3" for third occupation (if any) etc.) Farmer Cyclo driver Recycler Laboure r Moto driver No work Fisher Street vendor Other (specify)... Does he live in another place for any of his work? If Yes for how many months each year? Yes / No months 1.14 Victim's mother. Name (Optional - If it is provided the mother's name will not be entered in the database and will only used to prevent duplication of victim records.) Age, if living years Was she living with the victims family at the time the victim was trafficked? Yes / No If No, was she (Tick one box) dead in prison divorced deserted the family working somewhere else Other (specify)... (Go to Qn 1.15) If Yes, what is her occupation? (Insert "1" for primary occupation, "2" for second occupation (if any),"3" for third occupation (if any) etc.) Housewife Garment factory...fisher Farmer Other factory...recycler work Labourer Street vendor Other (specify)... Does she leave the village for any of her work? If Yes, for how many months each year? Yes / No months 1.15 How many living siblings does the victim have (including the victim?) How many older living siblings does she/he have? 67

68 1.16 Was the victim raped before she was trafficked? Yes / No If Yes how long after she was raped was she trafficked? months 1.17 Have any of the victim's siblings been trafficked Yes / No If Yes how many? 2 The Trafficking. 2.1 When was the victim recruited for trafficking on this occasion? (dd/mm/yy) / / 2.2 Did the victim participate in the recruitment decision? Yes / No If Yes why did the victim agree to be recruited? (Tick applicable box) Duty to earn money for their poor family To escape poverty and make money To escape abusive living circumstances To earn money to pay off debt Other (specify)... If No was the decision made by their parent(s) or caregiver? If Yes go to Qn2.3 If No was the victim abducted against her/his will Yes / No Yes / No 2.3 When the victim(s) was recruited what work were they or their parents or guardians told they would be doing at their destination? (Tick applicable box below) Domestic work Factory work Restaurant work Fishing and Fish processing Farm work Begging Construction work Sex work Other (specify) What destination was the victim(s) or their parents or guardian told they were going to? Cambodia City or province (Name) Thailand City or province (Name) Vietnam City or province (Name) Another country Which town or city? 2.5 Where was the victim taken to? Cambodia City or province (Name) (Name) 68

69 Thailand City or province Vietnam City or province Another country (Name) (Name) (Name) Which town or city? 2.6 At their destination did they do the work they had been promised? Yes / No (As described in Qn. 2.3) If Yes go to Qn. 2.7 If No were they forced to do something else: (Tick any applicable box) To beg To sell flowers Prostitution Other (specify). 2.7 Was the victim at any time before they were returned to Cambodia or released, subject to any of the following: (Tick any applicable box) Forced to work more than 48 hours per week Forced to perform sex acts against their will. Beaten Deprived of food Sexually abused Detained when not working Not paid or paid much less than promised Employer held identity documents Not allowed to leave their place of employment Other (specify) Was the victim sold by one employer to another? Yes / No If No go to Qn.2.9 If Yes how many times were they "sold"? If Yes did these "sales" result in the victim being moved to other towns or cities in Cambodia (Name the towns or provinces) Thailand 69

70 Vietnam Or other countries Country Town or Province 2.9 How many times has the victim been trafficked including this time? 2.10 Was more than one person recruited from the same place as the Yes / No victim at the same time? If No go to Qn.2.12 If Yes, how many? If Yes, what are their names or your organizations codes for them? If Yes how many of the others recruited at the same time and place have returned to Cambodia and are not under the control of traffickers? 2.11 Did the victim work with any of the other trafficked people? Yes / No If Yes please provide name of victim and employer and address of employer Names of trafficked people Employer name Employer address 2.12 Who was/were the recruiter(s)? Name Recruiter one Recruiter two Age (estimated) Age Occupation 70

71 Sex Sex Nationality Address Village Village Commune District Commune District Province/City Province/City Was the recruiter(s) known or related to the victim? If No go to Qn 2.13 If Yes what is the recruiter's relationship to the victim? Yes / No (Insert "1" for the relationship of Recruiter one to the victim, "2" for the relationship of Recruiter two to the victim (if any) father step-father uncle...grandparent mother step-mother aunt...great uncle brother step-brother cousin...great aunt sister step-sister neighbour friend of victim distant relative by marriage employer friend of family distant blood relative Other (specify)... person living in same village 2.13 How was the victim released from the situation they were trafficked into? Arrested and/or deported to Cambodia When? (dd/mm/yy) / / Released after repaying debts. When? (dd/mm/yy) / / Rescued By whom? (Tick one or more) When? (dd/mm/yy) / / Parents Relatives NGO Police Government social workers Escaped When? (dd/mm/yy) / / If Escaped describe how the victim escaped? 71

72 3 The reporting of the trafficking and referral from one organization to another. 3.1 When did the victim come to your organization? (dd/mm/yy) / / 3.2 Did the victim come to your organization by her/himself? Yes / No If Yes go to Qn If No who brought the victim to your organization? (tick one or more) another organization local authority court staff government social worker the police a relative Poipet Trasit Center Other (specify)... Name of other organization? 3.3 Which of your organization's offices or shelters did the victim come to? Name of province/municipality Name of shelter if applicable 3.4 Was the trafficking reported to the police? Yes / No If Yes, when? (dd/mm/yy) / / If No what reasons did the victim give for not reporting to the police? (tick box opposite relevant factor(s)) Wanted to avoid public embarrassment. Fear of retribution from traffickers Did not trust the police and courts. To avoid reliving the trafficking experience again in a court hearing. To protect family honour and reputation Other (specify) Did your organization refer the victim to another organization Yes / No (including legal aid organizations) for further assistance? If Yes which organization? In which province/municipality? 72 When? (dd/mm/yy) / / For what assistance? 4 Victim Support (This section to be completed only by organizations operating shelters) 4.1 What support did your organization provide for the victim? (tick all applicable) Accommodation and food Counseling Medical treatment Vocational training (specify). Literacy training Financial support for victim and family

73 Reintegration support Starting a new life away from their village and family Foster care 4.2 Is the victim still in your organization's shelter? Yes / No If No how long did she/he stay? months Which shelter Did the victim leave the shelter prematurely? Yes / No If No go to Qn. 4.3 If Yes why Could not adapt to life in the shelter Victim's choice of vocational training not available Needed to work to support their family Returned to sex work Other (specify) Where did the victim live after she/he left the shelter? (tick one or more) reintegrated into home village lives with relatives living in another village or town living on the street not known Other (specify) If the victim has been reintegrated into her/his family and/or village: how long has she/he been living with the family/ in the village? months how many visits have social workers made to the victim and her/his family? 4.4 Is the victim now: (Tick applicable box) In the employment he/she was in prior to being trafficked. At school or university. Employed in work using skills learnt at your organization's shelter. (Specify work) Not working or doing occasional casual work (Specify work). Trafficked again or returned to work as what she/he did while trafficked. Other (specify). 4.5 Does the victim have any social or behavioural problems which Yes / No she/he did not have before he/she was trafficked? If No go to Qn. 5.1 If Yes what problems? (Tick applicable box(es)) Drug addiction Alcohol dependency Depression Other (specify). 5 Medical support and Counseling treatment for the victim 5.1 Did your organization arrange for a doctor to examine the victim? Yes / No If No was that because (tick one or more) 73

74 The victim had already been examined by a doctor. The victim did not agree to being examined by a doctor. There was no doctor available to examine the victim. Your organization does not provide medical examinations. Other (specify). 5.2 Did your organization arrange treatment of any injuries to the victim? Yes / No If No was that because The victim was not injured. The victims injuries had already been treated. Your organization does not provide medical treatment. Other (specify). 5.3 Was the victim sexually abused or forced to do sex work? Yes / No If Yes was she/he: infected with HIV/AIDS infected with another sexually transmitted disease pregnant. Yes / No / Not known Yes / No / Not known Yes / No / Not known 5.4 Did your organization provide counseling for the victim? Yes / No If Yes: for how long? months how many sessions of counseling? If No was that because: the victim did not wish to have counseling your organization does not provide counseling. Other (specify) 6 Prosecution and compensation 6.1 Prosecution (Only complete this section if a complaint was made to the police or prosecutor.) Have any of the alleged recruiter(s), transporter(s), "seller(s)" or Yes / No "employer(s)" been arrested? If Yes when? (If more than one arrest the date of first arrest.) (dd/mm/yy) / / Have any of the alleged recruiter(s), transporter(s), "seller(s)" or Yes / No "employers" been questioned by the police? If Yes when? (If more than one, the date the first person was questioned.) / / (dd/mm/yy) Have any of the alleged recruiter(s), transporter(s), "seller(s)" or Yes / No "employers" been charged with an offence? 74

75 If Yes please complete the following table. No. Name Age Sex Occupation Role Place of residence Village/ Commune/ District/ Province If No why were they not charged? Victim did not make a complaint. Victim withdrew complaint. There was not enough evidence. Intervention by rich or powerful people. Other (specify) Is/Was the victim assisted by a lawyer? Yes / No If No go to Qn. 6.2 If Yes which organization or private law firm does he/she work for? What is his/her name? When did the victim first meet the lawyer? (dd/mm/yy) / / If Yes what assistance did the lawyer provide to the victim? (Tick box opposite services provided.) At first meeting fully explained the court process and their role in it to the victim. Made arguments to the court and police/prosecutor to have the accused detained pretrial. Collected evidence and provided it to the police/prosecutor/investigating judge. Encouraged the police/prosecutor to charge the accused. Continuously pressed the court, the prosecutor and the investigating judge to have the case heard as soon as possible. Reviewed court file before trial to ensure all evidence is on it. Ensured that the victim and her/his supporters were advised of the trial date and place. 75

76 Days before the trial fully briefed the victim about the trial process and her/his role in it. Appeared in court to support and try to protect victim from unfair or intimidatory questioning and to ensure that all relevant evidence is presented. In court sought compensation for the victim. Explained the decision of any court and their appeal rights to the victim. Assisted the victim to lodge any appeal application. Appeared in appeal courts on any appeal by the rapist or victim and supported the victim. If the alleged traffickers have not been charged and are unlikely to be charged go to Qn In the Provincial/Municipal Court: Has the trial been held yet? Yes / No If Yes when? (dd/mm/yy) / / If No are the accused held in pre-trial detention If No you don t have to answer any further questions. Thank you What were the results of the case in the Provincial/Municipal Court? (use Nos from table in Qn to identify them) Yes / No No. Charge Convicted Imprisonment 1 Yes/No yrs 2 Yes/No yrs 3 Yes/No yrs 4 Yes/No yrs 5 Yes/No yrs 6 Yes/No yrs 7 Yes/No yrs If any accused person was not convicted what were the reasons for their acquittal. (Tick box opposite relevant factor(s)) The victim did not give evidence? There was insufficient good quality evidence? What evidence was missing or poor quality? The decision was against the weight of the evidence? The accused is from a family wealthier or more powerful than the victim? Other (specify) How much compensation was the offender(s) ordered to pay to the victim? riel Was there an appeal against the court decision? Yes / No If No Go to Qn

77 6.3 Court of Appeal Has the appeal been heard yet? Yes / No If Yes when was the appeal heard? / / If No you don t have to answer any further questions. Thank you Did the lawyer who assisted the victim in the Provincial/Municipal Yes / No Court assist the victim in the Appeal Court? If No was the new lawyer from the same organization or law firm. Yes / No If No which organization or law firm was he/she from? Were the Provincial/Municipal Court decisions confirmed by the Appeal Court? If confirmed go to Qn confirmed / changed If changed what changed? Use numbers from table in Qn to identify (Enter only changes to original sentences.) Traff'er No. Charge Convicted Imprisonment 1 Yes/No yrs 2 Yes/No yrs 3 Yes/No yrs 4 Yes/No yrs 5 Yes/No yrs 6 Yes/No yrs 7 Yes/No yrs If changed was the compensation payable to the victim changed? Yes / No If Yes compensation increased or reduced to If changed what reasons did the Appeal Court give? (Tick box opposite relevant factor) Insufficient good quality evidence? What evidence did the Appeal Court consider was missing or of poor quality? riel The decision was against the weight of the evidence. Other (specify) Was there an appeal against the Appeal Court decision? Yes / No If No go to Qn Supreme Court Has the appeal been heard yet? 77

78 Yes / No If Yes when was the appeal heard? (dd/mm/yy) / / If No you don t have to answer any further questions. Thank you Did the lawyer who assisted the victim in the Appeal Court assist the victim in the Supreme Court? Yes / No If No was the new lawyer from the same organization or law firm. If No which organization or law firm was he/she from? Yes / No Was the Appeal Court decision by the Supreme Court? (circle one) confirmed / referred back to Appeal Court If confirmed go to Qn 6.5 If referred back to the Appeal Court or changed by the Supreme Court which accused and which charges were referred back or changed. (Enter only changes to Appeal (Copy name and offence in same order as in Qn.6.3.3) Court sentences. ) Traff'er No Charge Convicted Imprisonment 1 Yes/No yrs 2 Yes/No yrs 3 Yes/No yrs 4 Yes/No yrs 5 Yes/No yrs 6 Yes/No yrs 7 Yes/No yrs 78 If the Supreme Court added any new offences please specify below? Traff'er No. Charge Convicted Imprisonment 1 Yes/No yrs 2 Yes/No yrs 3 Yes/No yrs 4 Yes/No yrs 5 Yes/No yrs 6 Yes/No yrs 7 Yes/No yrs 6.5 Compensation How much compensation did the victim or her family receives? riel 7 Conciliation 7.1 Has the victim agreed to accept money in return for not pressing charges? Yes / No If No you don t have to answer any further questions. Thank you. 7.2 Was the amount of money to be paid agreed at a formal conciliation Yes / No meeting? If Yes was the conciliation conducted by: (tick one)

79 Village Chief Commune Coucilors Police Other (specify) Why did the victim agree to accept money rather than going to court? (tick box opposite relevant factor(s)) Wanted to avoid public embarrassment. Wanted or needed to get the compensation quickly. Did not trust the police and courts. To avoid reliving the trafficking experience again in a court hearing. To protect family honour and reputation Pressure from village and commune authorities Pressure from police. Pressure from court staff. Pressure from traffickers 7.4 How much compensation was agreed? riel 7.5 How much of the compensation did the victim and her family receive? riel Thank you for completing the record sheet. 79

80 NGO Joint Statistics on Rape Database Report NGO Joint Statistics on Rape May 2008 Funded by: 73

81 Acronyms NGO Joint Statistics on Rape AFESIP AIDS ADHOC BPFA CDP CEDAW COSECAM CRC DV ECPAT GBV HIV ICC LICADHO LSCW MOWA NIS NGO NGOCRC STI UN Agir pour les Femmes en Situation Précaire Acquired Immune Deficiency Syndrome Cambodian Human Rights and Development Association Beijing Platform For Action Cambodian Defenders Project Convention on the Elimination of all the forms of Discrimination Against Women Coalition to address Sexual Exploitation of children in Cambodia Convention on the Right of a Child Domestic Violence End Child Prostitution, Abuse and Trafficking in Cambodia Gender Based Violence Human Immunodeficiency Virus International Criminal Court Cambodian League for the Promotion and Defense of Human Rights Legal Support for Children and Women Ministry Of Women s Affairs National Institute of Statistics Non Governmental Organization NGO Committee on the Rights of the Child Sexually Transmitted Infection United Nations 74

82 VAW Violence Against Women NGO Joint Statistics on Rape WHO World Health Organization 75

83 NGO Joint Statistics on Rape Table of figures Figure 1 Number of victims reported Figure 2 Rape cases by province Figure 3 Number of reported cases by month Figure 4 Age of victims Figure 5 Occupation of victim Figure 6 Education levels of victims at the time of rape Figure 7 Number of siblings of victims Figure 8 Relationship between victims and offenders Figure 9 Occupation of offenders Figure 10 Age of alleged offenders Figure 11 Location of rape Figure 12 Day/Weeks after rape was reported to partner NGOs Figure 13 The counseling service Figure 14 Where did the victim live if she/he did not stay at a shelter or after she/he left the shelter? Figure 15 Pregnant as a result of rape Figure 16 Alleged offender arrested Figure 17 Duration from arrest till the trial Figure 18 Sentencing Figure 19 Amount of monetary compensation ordered by the court

84 NGO Joint Statistics on Rape Executive Summary Violence against women is a violation of human rights, rooted in historically unequal power relations between men and women and the systemic discrimination against women that pervades both the public and private spheres. - The UN Secretary General s in depth study on violence against women, 2006 Gender based violence such as rape, domestic violence, and trafficking for sexual exploitation is threatening the lives of children and women in Cambodia. Despite laws criminalizing rape and imposing a serious punishment on offenders, there has been no effective deterrence. Children and women are living under a fear of such violence and the social stigma attached to it after they become victims. Although a number of research studies have been done to analyze domestic violence and trafficking in Cambodia, a study on rape is scarce and its context is not well understood. To fill such a gap surrounding the rape situation, ECPAT Cambodia has initiated database project in 2005 called NGO Joint Statistics on Rape and Trafficking which collected data and information on rape and trafficking of male and female children of all ages and nationalities in Cambodia from 2003 to It provided a better picture of rape in Cambodia for for stakeholders to gain a better understanding about rape. The project was funded by Anesvad Foundation in Spain with the collaboration of NGOCRC. The project has continued to the second phase which collected data and information on rape and trafficking for This project continues the aim to provide a valid and reliable statistical analysis of rape and trafficking situation from to better channel NGOs resources in an effective manner. For this project ECPAT Cambodia joined with a third partner, COSECAM. Since the focus of ECPAT Cambodia, NGOCRC and COSECAM is children, this report emphasizes the circumstances surrounding the rape of children, that is, those under 18 years old. 75

85 NGO Joint Statistics on Rape This report presents a general background of rape in Cambodia, including the cultural context and legal framework, followed by a descriptive analysis of the findings of the project in The following findings from the study are noted: Reported rape cases The number of rape cases reported to the partners in the project was 466 (226 in 2005 and 240 in 2006) involving 483 victims, including 371 child victims. Many cases were reported from provinces with big cities (Kandal, Phnom Penh, Battambang, Prey Veng and Siem Reap) while each province with ethnic minorities (such as Kratie, Stung Treng, Ratanakiri, and Preah Vihear) did not have more than one record of rape case. Characteristics of victims The age of victims was alarmingly low; 76.8% of victims (371 victims) were children and 34% were under 13 years old. 78.5% of the victims were living in a village of birth and 83.9% of victims were living with their parent(s) at the time of rape. 2 % of victims had only one sibling, while 82% of victims had more than 5 siblings. 43% of victims were students at the time of rape, and 74% of all victims had not reached lower secondary education. There was one male victim who was 14 years old. Characteristics of offenders The majority of victims knew their attacker. The largest category of attackers was acquaintances of the victims (66%), followed by relatives (16%); strangers were a very small percentage (11%). Most offenders were farmers (165 offenders), followed by workers (55 offenders) and students (40 offenders). The majority of them were adult men but 65 offenders out of 513 offenders were children. 76

86 NGO Joint Statistics on Rape Rape characteristics A striking finding was that almost 30% of victims (140 victims) were raped more than once by the same offender. Among them 83.5% (117 victims) were child victims, therefore, children were at a higher risk of repeated rapes. 46.1% of victims (215) were threatened by an attacker to keep silent about the rape, otherwise they would be killed. Gang rape was also reported 7 % (34 victims) were gang raped and 29 of them were children. The most common location in which rape took place was the victim s home (29.2%), followed by the offender s home (15.7%) and in the forest (13.1%). 14 victims were raped in a pagoda (3%) and 5 were raped at school (1.1%). 12.2% of victims (57 victims) were threatened with a weapon most commonly a knife. Children were frightened by the overwhelming power of the adult men and were too frightened to resist. Most of the children undoubtedly did not know what was about to happen to them. Among the victims 61 or 12.7% of the total were physically injured over and above the physical trauma of the rape itself. Impact of Rape Only 19% of rape cases were reported to NGOs within one week of the rape, whilst 37 % took more than one month to report it. 89.8% of victims were referred to partner organizations to the project by other institutions for further assistance. 136 victims stayed at a shelter after being raped. 101 victims (20.9%) reported having social or behavioral problems after rape such as depression (65 victims), drug addiction (23 victims) and alcohol dependency (4 victims). 21 victims (4%) became pregnant as a result of being raped and this includes 14 children.18 victims (6.2%) were infected with STIs, including 14 children, and 5 adult victims (1.7%) were infected with HIV/AIDS. 15 victims (3%) were reported to have been killed during or after being raped, and 8 victims (1%) were trafficked after being raped. Two victims were reported to have been married to the rapist after being raped; one was 16 years old and another 18 years old. 77

87 NGO Joint Statistics on Rape Arrest and Conviction 325 victims (68.4%) reported the rape to the police and 245 offenders were charged with an offence. However, unofficial methods of settlement are still used and 24 victims accepted monetary compensation and withdrew pressing charges against their offenders. The total number of offenders charged with rape at municipal/provincial court was % of victims (283 victims) were assisted by a lawyer, but 16 victims (3.4%) were not. The conviction rate for rape against children was higher; 46.5% (166 cases) were convicted compared to the lower conviction rate of 17.8% (20 cases) when an adult was a victim. Sentences vary; the longest was a 75 year conviction for raping 5 children (15 years sentence for each case). 24.4% were ordered by the court to pay a monetary compensation of between $501 to $1,000, while 17.4% were ordered to pay between $1,001 to $1,500. ECPAT Cambodia is grateful to ANESVAD for believing in the importance of this work and funding the project for the second year. Our increased understanding can help to alleviate the suffering of child victims in Cambodia. 1. Introduction Violence against women and girls continues unabated in every continent, country and culture. It takes a devastating toll on women s lives, on their families, and on society as a whole. Most societies prohibit such violence yet the reality is that too often, it is covered up or tacitly condoned. UN Secretary General Ban Ki Moon, 8 March Rape is an ultimate form of gender based violence (GBV) in which men seeks control of and dominate women s bodies. Rape deprives women of fundamental rights and freedoms, and leaves a tremendous stigma for their future. Child victims of rape often suffer serious effects both physically and mentally, and these effects can

88 NGO Joint Statistics on Rape become a life lasting trauma. A child in Cambodia is defined as anyone under 18 years old according to the Article 1 of the Convention on the Rights of the Child. 35 In Cambodia, rape is a criminal act defined in Article 33 of UNTAC Criminal Law which states; Anyone who rapes or attempts to rape another person of either sex is guilty of rape and shall be liable to imprisonment for a term of five to ten years. 2. Rape is any sexual act involving penetration against a non consenting person. If rape is accompanied by fraud, violence or threats, or if it is committed by anyone in a position of authority over the victim, the punishment shall be a term of imprisonment of ten to fifteen years. Rape is alarmingly common in Cambodian society; the media carries reports on rape on an almost daily basis, and approximately 22% of children have witnessed the rape of a child by an adult (Tearfund). Despite both national laws and international laws criminalizing rape and imposing a serious punishment for offenders, rape still continues to happen and threaten the lives of Cambodian girls and women. 37 Accurate statistics on rape are elusive. Rape cases are considered to be underreported, but there has been no study designed to provide information to the extent of unreported rape. No random sample study of either the incidence or prevalence of rape in Cambodia has been carried out. Although research on rape has 35 Article 1 of the Convention on the Rights of the Child states that For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.. 36 Law and procedure applicable in Cambodia during the transitional period, adopted on 10 September 1992, 37 The CEDAW Committee, Concluding comments of the Committee on the Elimination of Discrimination against Women: Cambodia, available at 79

89 NGO Joint Statistics on Rape been done by some non governmental organizations (NGOs), 38 it is limited in its scope to present case studies of their clients, thus it fails to provide an overall picture of rape in Cambodia. 39 Lack of accurate information on rape may have resulted in insufficient measures for the prevention of rape and protection of victims. To fill such a gap, this NGO Joint Statistics on Rape and Trafficking Project 2005/2006 was designed to provide a valid and reliable statistical analysis of the rape and trafficking situation from to better channel NGOs resources in an effective manner, particularly focusing on rape against children. Our focus is on children because that is the mandate of ECPAT Cambodia. This report includes the overall situation of rape in Cambodia to better understand the context of the rape of children. This is the only research study on rape that has been carried out through collaboration among different NGOs working for the prevention of and protection of children from gender based violence. A total of 466 cases (including 483 victims) were collected from members and partners of ECPAT Cambodia, NGOCRC and COSECAM for the analysis for the project Objectives of the project The main aim of the project is to present information for stakeholders to identify necessary measures both for the prevention of rape and the protection of victims, particularly child victims. For that purpose, the report provides a descriptive analysis on reported rape cases from 2005/2006. It also contributes to facilitate discussion amongst stakeholders for more effective cooperation among themselves. 38 For study paper on rape in Cambodia, see ADHOC (2005); LICADHO (2001); LICADHO (2005); LICADHO (2007). 6 On the contrary, research on the prevalence of domestic violence was carried out by the authorities and they present an overview of domestic violence in Cambodia. See, CWCC (2005); MOWA(2005); and NIS(2000) 80

90 NGO Joint Statistics on Rape The process of the project Close collaboration amongst stakeholders and their commitment rendered this project possible. The project was initiated by ECPAT Cambodia and jointly implemented by ECPAT Cambodia members (27 NGOs), the NGO Committee on the Rights of Child (NGOCRC) with 46 member NGOs, and COSECAM with 22 NGOs. For the details of the partners to the project, see ANNEX 1. The project was conducted from September 2007 till February Prior to this project, a similar type of project was carried out based on reported rape cases (ECPAT Cambodia, 2006). Lessons learned from the previous study were taken into consideration and a new Record Sheet was developed through a number of consultations amongst the partners for the project. The question sheet includes characteristics and family background of the victims, characteristics of perpetrators, services provided for victims and legal processes. The Record sheet is in ANNEX 2. The question sheet was distributed to the partners, and they supplied information from their own databases. Afterwards they were collected and collated the data for further analysis to present findings from the project Limitations of the project Limitation in scope The findings from the project are based on information from the NGOs which participated in the project. As such, it is limited to presenting a partial picture of rape in Cambodia. NGOs such as ADHOC and LICADHO, which receives hundreds of rape cases each year all over Cambodia did not participate in spite of many requests of them. 2. Rape in the Cambodian context If an injury is small and does not hurt, don t make it bigger. 81

91 NGO Joint Statistics on Rape (Keep silent about your problem and do not provoke others to talk about it.) Cambodian proverb Widespread discrimination against women, patriarchy, unequal power balance between men and women, corruption in the legal system and rampant impunity act in combination to maintain the high incidence of child rape while at the same time no strong deterrence towards rape has been found in Cambodian society Discrimination against women There is a strong belief in Cambodian society that men are entitled to more rights than women (MOWA, 2005). A Cambodian proverb, Men are gold, women are white cloth also demonstrates such a discriminatory concept towards women (Nakagawa, 2006). White cloth is understood as a woman s chastity, and as such a girl who has lost her virginity before marriage is labeled as not white. In this context, victims of rape are often told that they cannot marry because their pureness is broken. Even if a girl is drugged and raped, in practice her value as a desirable wife is damaged (CAMBO, 2007). Even children say that raped women should not get married because people hate women who are raped (Tearfund). The victim is held responsible; her sense of shame and of having caused dishonor to the family is great. 40 As quoted in the proverb above, victims are forced to remain silent to maintain their families reputation. Such a cultural context can result in repeated rape, possibly by someone on whom the victim had relied (ADHOC, 2006) Unequal power balance Cambodian society is characterized by patriarchy and hierarchy. Men have an overwhelming power over women, and women are educated to accept such male behaviour. Chbab Srey, or code of women, instructs women to blindly follow men without objections (MOWA, 2005). This contributes to reinforcing such a patriarchal 40 LSCW, Girls and Women in Cambodia, available at 82

92 NGO Joint Statistics on Rape social system and fostering an environment in which men can abuse their power over women. Although only 8% of married women reported that they have been raped by their husband (CWCC, 2005), the real figure can be much higher considering the Cambodian women s belief that they should be available for sex all the time for their husband (NGO CEDAW Committee, 2005). A Cambodian proverb, The cake is not bigger than the container, which means that children have no power over their parents in decision making, demonstrates the Cambodian hierarchical social structure. When adult men abuse their power and rape children, victims find it extremely difficult to report it because they have grown up in such hierarchical surroundings. Furthermore, when adults discuss the settlement of the rape of a child through monetary compensation, a child victim has no power to express her opinion, thus she is put into a desperate position Lack of effective support system A weak justice system, where impunity is rampant (UNOHCHR, 2005), contributes to the increase of rape. In spite of laws criminalizing rape, countless offenders escape punishment by making compensation payments to the victim or her family in return for a complaint not being pursued (CAMBO, 2007). Family members of rape victims may withdraw a complaint due to intimidation or threats by the offender s side. To report a crime can lead to hostility from community members or threats by the attacker with little hope of success in bringing justice. At the court, the burden of proof for rape falls on a victim; a victim must prove that she did not provoke the man and that there was no consent (Ute, 2004). Judges may consider that consent was given during a sexual act if there is no physical injury since the court relies primarily on a medical certificate for establishing the lack of consent of the victim (LICADHO, 2004). 83

93 NGO Joint Statistics on Rape Rape: the legal framework Violence against women constitutes a violation of the human rights and fundamental freedoms of women and that violence against women impairs or nullifies their enjoyment of those rights and freedoms. Commission on Human Rights Resolution on Elimination of Violence against Women 41 Rape is a crime under Cambodian law as well as international human rights law. The Royal Government of Cambodia has set a five year strategy for the development of Cambodia entitled Rectangular Strategy for Growth, Employment, Equity and Efficiency, 42 which emphasizes a high priority on the enhancement of the role and status of Cambodian women by focusing attention on the implementation of the gender strategy, and the Ministry of Women s Affairs (MOWA) also sets a policy of promoting and protecting women s rights entitled Neary Rattnack II, Five Year Strategic Plan Both policies emphasize the elimination of discrimination against women and the importance of realizing gender equality. In addition, Cambodia ratified the Convention on the Elimination of All the Forms of Discrimination Against Women (CEDAW) in 1992 demonstrating its strong commitment to protect women and children from discrimination Definition of Rape In Cambodia, rape is a criminal act defined in Art. 33 of UNTAC Criminal Law which states; Anyone who rapes or attempts to rape another person of either sex is guilty of rape and shall be liable to imprisonment for a term of five to ten years. 41 E/CN.4/2003/L.11/Add.4, available at Law and procedure applicable in Cambodia during the transitional period, adopted on 10 September 1992, 84

94 NGO Joint Statistics on Rape Rape is any sexual act involving penetration against a non consenting person. If rape is accompanied by fraud, violence or threats, or if it is committed by anyone in a position of authority over the victim, the punishment shall be a term of imprisonment of ten to fifteen years Punishment of rape Punishment of rape is defined in the Law on the Aggravating Circumstances of the Felonies adopted in Article 5 states that the perpetrator of rape is liable to imprisonment for years. In the case that the victim is a minor (under 18 years old), or certain aggravated circumstances are added, then a perpetrator is liable for years imprisonment. Attempted rape is liable for equal punishment. However, the draft criminal code, which is expected to be adopted within 2008, will define the punishment for future cases. The level of punishment has not yet been disclosed to the public Legal age of consent At the time of this project, the legal age of consent is set as 15 years old under Article 8 of the Law on the Suppression of the Kidnapping, Trafficking and Exploitation of Human Person (the Trafficking Law of 1996), which was in force at the time of this project. The perpetrator for such a crime can be charged with debauchery; the punishment is years imprisonment. In a new Law on the Suppression of Trafficking and Sexual Exploitation, adopted on 15 February 2008, sex with a minor under 15 years old is again criminalized but with a lesser punishment. Article 42: Sexual Intercourse with Minors under Fifteen Years 85

95 NGO Joint Statistics on Rape A person who has sexual intercourse with another person of the age of less than fifteen years shall be punished with imprisonment for 5 to 10 years. 44 However, given the definition of a child as in the article 1 of the CRC, the legal age of consent should be set at 18 years old, as children are considered not to be able to give consent. Particularly, in front of an adult man who have overwhelming power, a child find it almost impossible not to give consent Marital rape The concept of marital rape is still foreign to most Cambodians, but the law on the prevention of domestic violence and protection of victims (the DV law), adopted in 2005 criminalizes violent rape as a form of domestic violence. Article 3. Domestic violence is required to be prevented in time effectively and efficiently and that it is required to take the most appropriate measures in order to protect the victims or the persons who could be vulnerable. Violence includes: Acts affecting life, Acts affecting physical integrity, Tortures or cruel acts, and Sexual aggression. Article 7. Sexual aggression includes: Violent sex, Sexual harassment, and Indecent exposures. Article 35. Any acts of domestic violence that are considered as criminal offences shall be punished under the penal law in effect. Although the definition of rape under UNTAC law is still vague in terms of consent, the Domestic Violence law is a positive step in recognizing marital rape, which has been an ignored crime to date. 44 UNICEF unofficial translation 86

96 NGO Joint Statistics on Rape Main findings from the project The total number of rape cases collected for this research was 466 cases involving 483 victims (231 in 2005 and 252 in 2006), including 371 child victims (76,8% of total victims). 45 Therefore, the findings from the study are mainly showing the situation of child rape in Cambodia Reporting rape cases in Cambodia Most rape cases go unreported so that the real percentage is unknown (Hugo, M et al., 2004). 46 The figure below shows the reported cases since the ECPAT Cambodia project started. 45 Although Figure 1 does not show an increase of reported number of victims, ADHOC statistics show that reported rape cases increased 25.7% from 2005 to 2006 (ADHOC, 2007). 46 In the United States, only 16% of rapes and sexual assaults are reported to the police. See, Rape in America: A Report to the Nation, 1992, Fewer than 5% of university students who experience a sexual assault report it to campus or non campus police, see, Bonne S.et al.,(2000). In Australia, only 15% of victims of sexual assaults reported to police, see, Women s Safety Australia 1995,see 87

97 NGO Joint Statistics on Rape Figure 1: Number of victims reported The number of child rape increased from 167 cases in 2005 to 204 cases in Rape cases were reported in almost all provinces in Cambodia, as shown in Figure 2. Provinces where ethnic minorities comprise the majority of inhabitants (Kratie, Stung Treng, Ratanakiri, and Preah Vihear) did not have more than one record of a reported rape during the project period. Among the ethnic minority communities, control in general depends on the exercise of the elders authority and they may not encourage victims of rape to make a complaint to the local authority (UNDP, 2005 and 2007). 88

98 NGO Joint Statistics on Rape Figure 2: Rape cases by province Furthermore, partners to the project have no presence in Kratie, Stung Treng and Ratanakiri. This also results in the small number of reporting of rape cases. On the other hand, greater frequency of rape was observed in the provinces with big cities; Kandal 63 cases (14%), Phnom Penh 59 (13%), Battambang 48 (10%), and Prey Veng 40 (9%) followed by 38 (8%) in Siem Reap and 37 (8%) in Kampong Cham. 89

99 NGO Joint Statistics on Rape Figure 3: Number of reported cases by month Rape cases were reported all year round. A slightly higher rate of rape in June was observed. Of 72 cases in June, 59 cases involved child victims. In June, people plant rice and most adults are in the rice field leaving their young children at home. This may contribute to the increase in the risk for children being raped with the absence of their guardians. In April, Cambodians celebrate the Khmer New Year with a number of parties when many men get drunk and this may increase the opportunities for men to rape women and children Characteristics of victims Age The age of victims was low, as reported to the project in both 2005 and % of victims (371 victims) were children, and 34% (165) were under 13 years old % 47 In America, an estimated 22% of rape victims were under age 12. Rape treatment center, 90

100 NGO Joint Statistics on Rape of victims (454 victims) were single, while 7 victims (1.4%) were married and 6 victims (1.2%) were widows. Figure 4: Age of victims 78.5% of victims were living in their village of birth, and 83.9% victims were living with their parent(s) at the time of the rape. Most victims (99.2%) were Cambodian, while four victims were Vietnamese. Vietnamese victims are considered to be underreported as they are less likely to report the rape to the authority for fear of being arrested for illegal migration into Cambodia. There was only one male victim (16 years old) out of 466 reported cases. 48 Men and boys are underreported due to the social stigma attached to the rape of men. 48 The victim was repeatedly raped by a Dutch man. 91

101 NGO Joint Statistics on Rape Figure 5: Occupation of victim Occupation Considering the fact that a majority of victims were children, 207 (43%) of the total number of victims were students. 92

102 NGO Joint Statistics on Rape Figure 6: Education levels of victims at the time of rape Education Although 47 % of cases did not have any record of an education level of the victims at all, data above shows that 15 % of victims had no education. 74% of victims had not reached lower secondary education and this figure approximately matches the percentage of child victims. Number of siblings Most victims were from a family who engaged in agriculture. 63.6% of the fathers of a victim and 57 % of the mothers were farmers. Figure 7: Number of siblings of victims 93

103 NGO Joint Statistics on Rape According to the data, 2 % of victims had only one sibling while 65.8% of victims had more than 4 siblings. 49 Therefore, a child from a family with more children was at a higher risk of rape. This may stem from the fact that parents cannot pay as much attention to all children, allowing an attacker to take advantage of an opportunity Characteristics of offenders The majority of victims knew their attacker. 50 Contrary to a common belief that rapists are hiding in the bushes or in the shadows in darkness, in many countries the 49 This figure may not be correctly collected as in the Khmer language an answer to How many brothers/sisters do you have? often counts as a subject the person who is answering. 50 According to ADHOC, almost all victims who reported rape knew their attacker. See ADHOC, In the U.S.A., the victim knew the attacker before the sexual assault was committed, 73% of rapes. U.S. Department of Justice, Criminal Victimization 2005, see, 94

104 NGO Joint Statistics on Rape majority of rapes are committed by someone who is known to the victim. 51 This is true in Cambodia. Figure 8: Relationship between victims and offenders Figure 8 reveals that the largest category of attackers were acquaintances of victims (66%), followed by relatives (16%), whilst strangers comprised a small percentage (11%). Offenders were men who had access to the victims because they were relatives, neighbors, and friends. Most offenders were farmers (165 offenders), followed by workers (55 offenders) and students (40 offenders). Offenders were often men living around the victims. 51 In the United States, 73% of sexual assaults were perpetrated by a non stranger 38% of perpetrators were a friend or acquaintance of the victim, 28% were an intimate and 7% were another relative. See, 95

105 NGO Joint Statistics on Rape Figure 9 Occupation of offenders There was one offender who was working in the sex industry whilst five offenders were religious persons. The data shows that anyone can be an offender of rape. The age of offenders varies but the majority of offenders are adult men. Figure 10 Age of alleged offenders 96

106 NGO Joint Statistics on Rape Youth attackers ( year of age ) were 10% of the total. It is alarming that 3% of the attackers were mere children themselves (10 14 years) Rape characteristics A striking finding was that almost 30% of victims (140 victims) were raped more than one time by the same offender. Among them, 83.5% (117 victims) were child victims, therefore children were at a higher risk of repeated rapes. 46.1% of victims (215) were threatened by an attacker to keep silent about rape otherwise they would be killed. This allowed attackers to repeat the crime. Offenders abused their overwhelming power over children and took advantage of their vulnerabilities. Gang rape was also reported, and 7 % (34 victims) of total victims were gang raped, 29 of them being children. The most common location in which rape took place was the victim s home (29.2%), followed by the perpetrator s home (15.7%) and in the forest (13.1%). 97

107 NGO Joint Statistics on Rape Figure 11: Location of rape 14 victims were raped in a pagoda (3%), and 5 were raped at school (1.1%). This demonstrates that places which are considered to be safe for children are, in fact, not providing security for them. Although 88.6% of cases did not have a record on the use of weapons, 53 victims reported that they were threatened by a weapon at the time of rape. Amongst them, the most used weapon was a knife (81%), followed by a stick (11%). Most offenders did not need a weapon as children were terribly frightened and shocked. 61 victims (12%) got physically injured as a result of rape. Adult men, who have more power than small children, abused their power so that no weapon or physical violence was necessary. The majority of attackers were sober when the rape happened, and only 15 offenders (3.2 %) were reported to have been under the influence of drugs. 98

108 NGO Joint Statistics on Rape Although it is often pointed out that there is a close link between pornography and sexual assault, the data shows that only 6.2 % (29) of attackers were reported to often watch pornography. This is most probably because the data was collected from the victim or agency and the real information can only be revealed from the offender Impact of rape Only 19% of rape cases were reported to NGOs within one week at the rape whilst 39% took more than one month to report. This demonstrates the fact that victims and family members of victims are confronted with potential obstacles that they may face in seeking justice. A delay in reporting the rape can also result in the lack of enough evidence for the prosecution. Figure 12 Day/Weeks after rape was reported to partner NGOs Only 10% of victims came to the partner NGOs by themselves, while the majority were referred by other NGOs to them for assistance, demonstrating the importance of networking among the stakeholders. 99

109 NGO Joint Statistics on Rape Figure 13: The counseling service Regarding the counseling service, the maximum period that victims received counseling service was 26 days while the minimum was 1 day. The maximum session provided to the victims was 50 sessions and the minimum was 1 session. 136 victims stayed at a shelter after being raped. This is presumably because some partner NGOs have a shelter and advised victims to use their facilities if necessary. Shelter services include safe accommodation, food, counseling, medical treatment, literacy training and vocational training. 15 victims (3%) were reported to have been killed during or after rape and 8 victims (1%) were trafficked after being raped. 100

110 NGO Joint Statistics on Rape Figure 14: Where did the victim live if she/he did not stay at a shelter or after she/he left the shelter? Rape causes many severe effects on the victim both in the long term and in the short term (WHO, 2003). The consequences of rape are not always physical though, and are not always immediate. 52 Child victims of trauma may respond to traumatic events in a variety of ways. 101 victims (20.9%) reported having social or behavioral problems after rape such as depression (65 victims), drug addiction (23 victims) and alcohol dependency (4 victims). 18 victims (6.2%) were infected with STIs including 14 children, demonstrating that children are more vulnerable to STIs. 5 victims (1.7%) were infected with HIV/AIDS. 21 victims (4%) became pregnant as a result of rape. This includes 14 children 5 of them were repeatedly raped before they became pregnant. 52 The psychological effects of a rape are often more devastating than the physical. See, See Rape: Violence Against Women, 101

111 NGO Joint Statistics on Rape Figure 15 Pregnant as a result of rape 4.6. Arrest and conviction 325 victims (68.4%) reported the rape to the police and 245 offenders were charged with an offence. The rate of arresting alleged offenders was very high and 80.3% of them were charged with an offence. However, this rate only relates to the tiny fraction of cases that were reported to this project. The reasons why 19% were not charged varies; 64.5% (victims did not want to make a complaint), 12.9% (intervention by the powerful and rich people), 6.4% (not enough evidence), and 1.6% (victim withdrew the case). 102

112 NGO Joint Statistics on Rape Figure 16: Alleged offender arrested Furthermore, even though alleged offenders were arrested and brought to the legal procedure for prosecution, unofficial methods of settlement were still used. Twentytwo victims were recorded to have accepted monetary compensation and withdrew pressing charges against the perpetrators. The reasons for this varied but the main reasons were; they needed the compensation to be paid quickly (5), for the protection of family honour and reputation (3), a lack of trust in the legal system (2) and pressure by a family member of the attacker (2). Two victims, one was 12 years old another 16 years old, were reported to have gotten married with the rapists after the rape. The total number of offenders charged with rape at municipal/provincial courts was 197. Seven cases were reported to have reached the Appeal Court. Although the hearing should be held within six months of the arrest, 53 Figure 17 shows that it takes a long time for the case to be heard at the court. 53 Art. 14 of the provisions relating to the judiciary and criminal law and procedure applicable in Cambodia during the transitional period (UNTAC law), September 10,

113 NGO Joint Statistics on Rape Figure 17 Duration from arrest till the trial The conviction rate for rape against children was higher than that of rape against adults 46.5% (166 cases) were convicted. 54 On the other hand, the conviction rate was low at 17.8% (20 cases) when an adult was a victim. Sentences varied; the longest was 75 years for a conviction for raping 5 children (15 years sentence for each case). 54 If the case is prosecuted, there is a 58% chance of a felony conviction. See, rapists.html 104