VZCZCXRO7896
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0707/01 2601056
ZNR UUUUU ZZH
O 171056Z SEP 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1194
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 03 PHNOM PENH 000707 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, G/TIP 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL KTIP CB
SUBJECT: G/TIP AMBASSADOR CDEBACA'S VISIT TO CAMBODIA 
 
REF: PHNOM PENH 628 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1.  (SBU) SUMMARY:  During a Septmeber 1-4 visit to Cambodia, 
G/TIP Ambassador Luis CdeBaca discussed recent efforts to 
combat human trafficking.  Deputy Prime Minister (DPM) Sar 
Kheng reaffirmed Cambodia's commitment to fighting human 
trafficking, while acknowledging that the battle is an uneven 
process at times.  Ambassador CdeBaca's visit came on the 
heels of RGC agreement to return three American pedophiles to 
the United States for prosecution for child sex tourism.  The 
Ambassador praised this example of inter-governmental 
cooperation throughout his visit and suggested that it could 
be even more successful if the RGC also investigated and 
prosecuted as traffickers any middle-men who provided victims 
to the pedophiles.  END SUMMARY. 
 
----------------------------------------- 
DPM Reaffirms Commitment to Combating TIP 
----------------------------------------- 
 
¶2.  (SBU) Ambassador CdeBaca, accompanied by Ambassador 
Rodley, met with Deputy Prime Minister (DPM) and Minister of 
Interior Sar Kheng to discuss the latest advancements in RGC 
anti-trafficking policy.  The DPM characterized efforts to 
combat TIP as an "up-and-down" process, citing bottlenecks in 
the judicial system as an example of difficulties the RGC is 
encountering.  The DPM pointed out inconsistencies that have 
plagued the criminal justice process, such as charges being 
downgraded or cases being dismissed by investigating judges 
without seeking additional evidence from police.  He stated 
that the Ministry of Interior (MOI) and Ministry of Justice 
(MOJ) have now formed a working group to address these 
issues, and will meet regularly to explore solutions to these 
problems. 
 
¶3.  (SBU) The DPM highlighted the anticipated Sub-Decree to 
establish formally the RGC's structure for combating TIP - a 
national, inter-ministerial body that will include six 
working groups to address the various elements of anti-TIP 
efforts.  The DPM indicated the Sub-Decree would be signed by 
the Prime Minister, and would set out a very clear mandate 
against TIP.  Once the Sub-Decree is finalized, the DPM 
predicted work combating TIP will increase further.  He 
stated that there is "no question" about the RGC's commitment 
to combating human trafficking, and expressed confidence that 
government's response to the the problem will improve over 
time. 
 
¶4.  (SBU) In response to a question, the DPM told Ambassdor 
CdeBaca that the draft Penal Code will be on the National 
Assembly agenda for debate during its next session, which 
begins in October.  (NOTE:  The National Assembly received 
the draft Penal Code during its last session and it has been 
under review by the Committee on Legislation.  END NOTE.) 
The DPM said he did not expect any inconsistencies between 
the Penal Code and the anti-TIP law, but that if such 
inconsistencies arose, the Penal Code would be the governing 
document. 
 
¶5.  (SBU) Ambassador CdeBaca and Ambassador Rodley each 
thanked the DPM for the RGC assistance with removing three 
American citizens wanted on federal warrants in the United 
States for engaging in child sex tourism in Cambodia. 
Ambassador CdeBaca stressed that it would be even more 
successful if the RGC investigated and prosecuted any brothel 
owners or other traffickers who supplied victims to the 
pedophiles, and offered both G/TIP and Embassy support to the 
RGC in doing so. 
 
--------------------------------------------- -------- 
Ministry of Social Affairs Approves Protection Policy 
--------------------------------------------- -------- 
 
¶6.  (SBU) On the eve of Ambassador CdeBaca's visit, the 
Ministry of Social Affairs, Veterans, and Youth 
Rehabilitation (MOSAVY) approved a new "Policy Protecting the 
Rights of Victims of Human Trafficking" together with new 
"National Minimum Standards on Victim Assistance." Minister 
of Social Affairs Ith Sam Heng presented Khmer-language 
versions of the documents to Ambassador CdeBaca, and stated 
that these are the first policy documents of their kind in 
Southeast Asia.  The Minister expressed his hope that they 
will set a protection standard that might become a 'best 
practice' in the region.  (NOTE: Post expects 
English-language versions to be available shortly, and will 
forward to the Department.  END NOTE.) 
 
¶7.  (SBU)  Minister Ith Sam Heng obliquely acknowledged the 
 
PHNOM PENH 00000707  002 OF 003 
 
 
most controversial element of MOSAVY's anti-trafficking work: 
its administration of two rehabilitation centers outside 
Phnom Penh where severe human rights abuses were reported 
after women seized in brothel raids were sent to the centers 
(see 2009 TIP narrative for Cambodia).  The Minister stated 
he had opened an investigation into conditions after he heard 
of NGO concerns and viewed photos from the centers, but 
denied that MOSAVY guards or employees mistreated residents. 
He affirmed that conditions at the centers needed 
improvement, however, and that the RGC planned to expand and 
upgrade the facilities at one of the centers for that purpose. 
 
¶8.  (SBU) Regarding labor trafficking, the Minister 
highlighted a number of programs where the RGC supports NGO 
efforts to reintegrate returned labor trafficking victims. 
An example is the Poipet Transit Center, which seeks to 
identify victims and their home communities and help victims 
return home or find rehabilitative care with shelters if 
needed.  He said the RGC policy protecting the rights of 
victims applies equally to male and female trafficking 
victims, and to victims of both labor and commercial sex 
trafficking.  He cited as an example RGC cooperation with an 
International Organization for Migration program that has 
helped rehabilitate and reintegrate several male labor 
trafficking victims who were rescued and repatriated from 
Malaysia after escaping abusive conditions aboard Thai 
fishing boats. 
 
¶9.  (SBU) Ambassador CdeBaca spotlighted the USG policy of 
bringing suspected child sex tourists back the U.S. to stand 
trial and asked the Minister what the RGC does to prosecute 
Cambodian nationals who assist foreigners in this endeavor. 
The Minister responded that RGC policy is to prosecute anyone 
who commits those types of offenses, and to support victims 
in their recovery. 
 
-------------------------------------- 
MOJ Close to Issuing Explanatory Notes 
-------------------------------------- 
 
¶10.  (SBU) In a meeting with MOJ Secretary of State Chan 
Sotheavy, Ambassador CdeBaca emphasized the importance of 
increasing prosecutions of TIP cases.  Chan Sotheavy stated 
that the MOJ is engaged in a number of training programs to 
build capacity and improve prosecutions, including programs 
with the Asia Regional Trafficking in Persons Project (ARTIP, 
funded by Australia), and the Royal Academy for Judges and 
Prosecutors.  She also told Ambassador CdeBaca that the MOJ 
is close to finalizing and issuing its Explanatory Notes on 
the 2008 anti-TIP law, a much awaited set of examples and 
explanations intended to assist prosecutors and judges in 
applying the correct charges to cases under the new law. 
Chan Sotheavy said she expected to finalize the document in 
one month, and hoped to issue it sometime in October.  She 
explained that the MOJ would concurrently conduct a series of 
training workshops for prosecutors and judges across the 
country, beginning later this year and extending into 2010. 
 
¶11.  (SBU) Ambassador CdeBaca also raised the recent lawsuits 
filed against shelters by victims' parents, for the refusal 
to return children to parents suspected of complicity in 
trafficking those children (see reftel).  Chan Sotheavy 
responded that she is aware of the lawsuits, and that the MOJ 
is working on providing legal authority to the RGC to refer 
minors to shelters without parental consent in cases where 
parents are thought to be complicit in trafficking their 
children.  She expected that a new Penal Code would assist 
with this issue. 
 
¶12.  (SBU) Referring again to the recent removal of three 
Americans on charges of child sex tourism, Ambassador CdeBaca 
reiterated that efforts to combat CST and TIP would be 
improved if the RGC pursued charges against any middle-men 
who supplied victims to the pedophiles, and that having a 
Cambodian case to mirror the American cases would showcase 
excellent collaboration. 
 
------- 
COMMENT 
------- 
 
¶13.  (SBU) As evidenced by Ambassador CdeBaca's reference to 
Cambodian prosecutions on trafficking charges in CST cases, 
the Cambodian response to TIP is still evolving from focusing 
only on foreign pedophiles to focusing on the chain of people 
involved in the crime, including Cambodian traffickers.  But 
the recent arrest of a Cambodian-Chinese broker suspected of 
trafficking girls to China, as well as the recent conviction 
of a mother who sold her 14-year-old daughter to a foreign 
pedophile, indicates that the capacity for understanding this 
 
PHNOM PENH 00000707  003 OF 003 
 
 
intricate crime is growing, and the law enforcement response 
to TIP is becoming more sophisticated with time (septels). 
Post will continue to emphasize the need for the RGC to 
investigate and prosecute traffickers, and not just child sex 
perpetrators, in order to combat the problem of human 
trafficking more effectively and to increase still further 
our collaborative efforts. 
RODLEY