VZCZCXRO4195
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0744/01 2801038
ZNR UUUUU ZZH
R 071038Z OCT 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC 1246
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 02 PHNOM PENH 000744 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, DRL, G/TIP 
USAID FOR ASIA BUREAU 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL KTIP CB
SUBJECT: RGC LAUNCHES NEW POLICY AND MINIMUM STANDARDS FOR THE 
PROTECTION OF VICTIMS OF HUMAN TRAFFICKING 
 
REF: PHNOM PENH 707 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1.  (SBU) SUMMARY:  On September 28, 2009, the Ministry of Social 
Affairs, Veterans, and Youth Rehabilitation (MOSAVY) launched the 
Royal Government of Cambodia's (RGC) Policy on the Protection of the 
Rights of Victims of Human Trafficking and the Minimum Standards for 
Protection of the Rights of Victims of Human Trafficking.  The 
policy and minimum standards define 11 rights that guarantee 
protections for victims and lay out the steps of the victim 
protection process including recovery, reintegration, and follow-up. 
 Minister of Social Affairs Ith Sam Heng presided over the launch 
ceremony, with over 200 attendees from government and civil society. 
 Most anti-TIP NGOs welcomed the new policy and minimum standards, 
calling it a "much needed initiative that fills a gap" in the RGC's 
current anti-TIP response, but expressed concern about 
implementation and enforcement.  END SUMMARY. 
 
----------------------------------------- 
New Policy and National Minimum Standards 
----------------------------------------- 
 
¶2.  (SBU) After two years of work, MOSAVY launched the new Policy on 
the Protection of the Rights of Victims of Human Trafficking and the 
National Minimum Standards for Protection of the Rights of Victims 
of Human Trafficking on September 28.  MOSAVY, working with 
technical assistance from USAID, owned the development process of 
the documents from the beginning.  MOSAVY drew upon the nascent RGC 
interagency mechanism to obtain input from all relevant ministries, 
and actively involved civil society by visiting NGO shelters 
throughout Cambodia to provide training and seek feedback, which was 
then incorporated into the final documents. 
 
¶3.  (SBU) The new policy and minimum standards define 11 rights 
guaranteed to victims of human trafficking, including the right to 
safety and protection, the right to privacy and confidentiality, the 
right to dignity, the right to services, and the right to freedom of 
movement.  The minimum standards also set out expectations of case 
management.  A crucial component is the expectation that all persons 
who come in contact with potential victims of human trafficking take 
steps to determine if they are indeed victims.  For example, the 
minimum standards require that service providers (including police) 
ensure a safe place for conducting interviews, ensure separation of 
victims from perpetrators, and conduct interviews using a 
victim-centered approach that is mindful of the trauma victims may 
have experienced. 
 
¶4.  (SBU) In his opening remarks at the launch ceremony, 
USAID/Cambodia Mission Director Flynn Fuller praised the RGC for 
taking an important step forward in improved care for victims, and 
urged the assembled stakeholders to work together to implement the 
regulations.  Ministry of Interior Secretary of State Chou Bun Eng, 
Chair of the Secretariat of the RGC High Level Working Group to 
Combat TIP, expressed the HLWG's support and commitment to moving 
the policy forward. 
 
¶5.  (SBU) The 2008 Law on the Suppression of Human Trafficking and 
Sexual Exploitation did not explicitly provide protection for 
victims of human trafficking.  The RGC acknowledged this gap, and 
aimed to fill it with the new policy and minimum standards.  With 
over 100 organizations working with victims of human trafficking, 
and the quality of care provided by these organizations varying 
greatly, the creation of minimum standards of care aims to provide a 
best practice model for victim care and enable better collaboration 
between service providers.  In addition, these standards fulfill 
Cambodia's international obligations for victim protection under the 
ASEAN Declaration Against Trafficking in Persons, particularly for 
women and children, and Cambodia's obligations under the Coordinated 
Mekong Ministerial Initiative Against Trafficking (COMMIT) process 
to develop country specific minimum standards for the protection and 
care of victims. 
 
-------------------------- 
NGOs Welcome New Standards 
-------------------------- 
 
¶6.  (SBU) Most NGOs, including 54 civil society participants at the 
launch ceremony, welcomed the new policy and minimum standards of 
care.  Patrick Stayton, Field Office Director for International 
Justice Mission,   called the policies "a much needed initiative 
that fills a gap for the standard of victim protection."  And 
Samleang Seila, Country Director for Action Pour Les Enfants, said 
the new poicy grants more power to victims to determine their care 
and recovery.  A few NGOs called the policy too little, too late, 
but offered little more than broad generalities to support their 
criticism.  Sara Bradford, a technical adviser to the Asia-Pacific 
Network of Sex Workers, said the Cambodian police have not "proved 
 
PHNOM PENH 00000744  002 OF 002 
 
 
they can adhere to rights-based enforcement of the anti-TIP law," 
therefore expecting them to adhere to a rights-based victim 
protection policy was "a waste of donor time and money."  All NGOs 
consulted, however, expressed concern about the RGC's ability to 
implement and enforce the new policy and standards. 
 
------------------------- 
Next Steps and Challenges 
------------------------- 
 
¶7.  (SBU) In the coming weeks, the RGC plans to disseminate the new 
documents and provide training to relevant RGC officials and service 
providers on understanding and implementing the minimum standards. 
Twelve thousand copies of the documents have been printed for RGC 
social workers, NGOs working with victims of trafficking, provincial 
officials and other relevant individuals.  The RGC also plans to 
develop and introduce a monitoring and evaluation (M&E) framework to 
gauge implementation of the standards.  The M&E aspect will also 
help set benchmark goals for offices and organizations working with 
victims, and assist in developing standardized processes and 
penalties for non compliance. 
 
¶8.  (SBU) MOSAVY staff and NGO victim assistance providers alike 
acknowledge the limitations facing full implementation of the policy 
and minimum standards.  NGOs in particular note that MOSAVY staff is 
often stretched managing multiple projects, and thus may not be able 
to focus on comprehensive implementation.  MOSAVY also lacks the 
legal ability to enforce the standards, since NGOs are not required 
to sign a Memorandum of Understanding with MOSAVY; some NGOs are 
reluctant to do so voluntarily because they are unclear what their 
roles and responsibilities will be, what will happen to their 
organization if they do not comply with the MOU, and what financial 
and human resources are required to implement the policy.  Thus, 
implementation will require the good will of civil society partners 
to sign MOUs with MOSAVY. 
 
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COMMENT 
------- 
 
¶9.  (SBU) This is a positive first step in protecting the rights of 
victims of human trafficking in Cambodia.  MOSAVY, together with the 
National Task Force, has demonstrated a high degree of 
responsibility and ownership throughout development process.  With 
these documents, Cambodia now leads the Mekong region in victim 
protection, and other countries have already shown interest in 
replicating Cambodia's achievements.  The collaboration during the 
development process strengthened the relationship between the United 
States and MOSAVY, and also highlights the RGC's capacity to work 
with civil society representatives in a productive manner. 
Constructive implementation of this positive policy will be key to 
its ultimate success; it is helpful that MOSAVY already recognizes 
some of the challenges ahead and has planned steps to meet those 
challenges.  We will continue to cooperate with MOSAVY and support 
its efforts to disseminate the new policy and standards, train 
victim assistance providers, and protect the rights of victims of 
human trafficking. 
ALLEGRA