THE CAMBODIA DAILY
Friday, June 28, 2002
By The Future Group & LICADHO

Friday’s article in the Cambodia Daily, “Police Arrest Girls Rescued
from Brothel,” is yet another indicator of how much more work is needed
in the area of trafficking and sexual exploitation in Cambodia.

The current system ignores the needs of victims as a direct result of
incomplete legislative work. Any credible effort to address this
ongoing crisis requires a discussion rooted in a firm commitment to the
critical needs of victims.

It is a troubling trend that courts are choosing to prosecute victims
before criminals. A Sex Slavery and Trafficking Victim’s Bill of Rights
can be a positive first step towards reversing that practice.

In moving forward to strengthen a dialogue between authorities and
civil society, the following proposals and principles can be an
effective tool to guide future dialogue on this topic.

The fear and confusion that victims experience when they finally manage
to escape or are rescued by an armed force is extremely traumatic. It
is critical that the entire process and legal system by which these
children exit the sex trade safeguards their inalienable rights. Key
stakeholders should make an overarching commitment to a Sex Slavery and
Trafficking Victim’s Bill of Rights to protect these victims. This Bill
of Rights should have legal weight and include the following elements:

A. Protection from retaliation: Law enforcement, court officials and
local organizations need to work in concert with one another to
maintain recovery centers, as well as preserve the personal security of
victims from those that have exploited them in the past.
B. Reform legal systems to meet victims needs: Testifying in court
against a sex user, procurer, or trafficker can be an incredibly
intimidating situation. Victim’s statements should be submitted to the
court and conducted in the presence of a translator that can speak
their native language. In dealing with these types of cases, it is
crucial to remember that it is not the victim who is on trial, but
rather the criminals responsible for their exploitation. When women and
children are forced to face their brutal abusers in court, the sheer
overload of powerful emotions and traumatic memories not only limits
their ability to testify, but also puts at risk their personal security
and sanity.

C. Provide victims with legal status: In many cases, trafficking
victims have had their passports destroyed or were illegally smuggled
into the country. Domestic trafficking victims or sex slaves are often
too young to have identification documents or come from places where
there is no national birth certification program to record citizenship
or age. Governments and courts must afford legal status to these
victims so that they can bring complaints and charges against sex
users, procurers, or traffickers in the jurisdiction in which those
crimes occurred. This legal status should provide victims with the
provision of legal assistance and the rights of nationals in court
proceedings, independent of citizenship. Humane treatment must also be
provided, especially in cases of detention of trafficking victims.
Extended periods of detentions should be avoided at all costs. Sex
slaves and trafficking victims must not be placed in cells alongside
adult criminals; they should receive treatment in the custody of
organizations designed to meet their needs.

D. Grant immunity from prostitution or immigration charges: The
declaration of the courts must attest immunity from all charges of
prostitution or customs/immigration violations levied against
trafficking victims. These women and children must never be held liable
in court for crimes they were forced to commit or crimes that were
committed by procurers and traffickers.

E. Promote successful repatriation: An important element upon rescue or
escape is the victim’s right to be repatriated to their home country.
Countries that are targeted in regional trafficking networks should
establish reciprocity-based protocols with respect to how these
repatriation costs will be covered and what the process for
repatriation will be.

F. Ensure confidentiality and anonymity for reintegration: The courts
have a duty to protect the identity of girls that have been victims of
trafficking and sexual exploitation. Both in public statements and in
dealings with persons outside of the primary care-giving organization,
the victims must have a right to have the details of the abuse
committed against them kept confidential. Correspondingly, it is also
the duty of organizations that reintegrate these victims to afford them
the opportunity for a new life free from stereotypes. To surviving
victims, the failure to respect their privacy and fully support their
reintegration poses a mortal risk and must be mitigated.

This legally mandated Victim’s Bill of Rights will help these victims
receive the justice that they deserve – and afford them the legal
rights and protection they require. Only once this has been achieved
will those that have abused innocent victims be brought to justice and
incarcerated.

Porous borders pose a great risk to elements of national security;
unchecked immigration can create major economic destabilization
factors, and the impunity with which traffickers cross borders
compromises state sovereignty. These are legitimate national interests.
But, a solution that puts victims and not traffickers as the target is
one that fails to address these larger issues completely.

A truly democratic approach is one that puts victims first. Only the
actions of a responsible and principled government serving the people
to whom they are most responsible can demonstrate the kind of
commitment that is required in Cambodia.