[ Human Trafficking, Country-by-Country ] CAMBODIA
(Tier 3)
–
Extracted
in part from the U.S. State Dept
2023 TIP Report - Cambodia The
Government of Cambodia does not fully meet the minimum standards for the
elimination of trafficking and is not making significant efforts to do so,
even considering the impact of the COVID-19 pandemic, if any, on its
anti-trafficking capacity; therefore Cambodia remained on Tier 3. Despite the
lack of significant efforts, the government took some steps to address
trafficking, including investigating, prosecuting, and convicting more
traffickers, creating a special working group to investigate credible reports
of large-scale cyber scam operations involving indicators forced labor, and
identifying and providing services for more Cambodian trafficking victims.
However, corruption and official complicity in trafficking crimes, including
by high-level senior officials, remained widespread and endemic, resulted in
selective and politically motivated enforcement of laws, and inhibited law
enforcement action during the year. Authorities did not investigate or hold
criminally accountable any officials involved in widespread, credible reports
of complicity, in particular with unscrupulous business owners who subjected
thousands of men, women, and children throughout the country to human
trafficking in cyber scam operations, entertainment establishments, and brick
kilns. Law enforcement did not effectively address forced labor in cyber scam
operations. The government persistently failed to equitably screen or provide
justice in trafficking crimes for foreign workers removed from cyber scam
operations; it did not proactively screen them for human trafficking
indicators. As a result, authorities did not provide or refer foreign
potential victims of cyber scam operations to services, inappropriately
penalized them for crimes committed as a direct result of being trafficked,
including through holding these victims in indefinite detention until they
paid bribes to police for release or their foreign embassy funded their
deportation. Prioritized Recommendations Investigate
and prosecute traffickers involved in forced labor crimes in cyber scam
operations, including complicit officials. Fully
implement victim identification guidelines, apply them to both domestic and
foreign suspected victims, and train officials in all areas of the country on
their use. Screen
all individuals in immigrant detention or custody for human trafficking
indicators, including foreign workers, men and boys, LGBTQI+ individuals, and
persons with disabilities. Investigate
and prosecute trafficking crimes and seek adequate penalties for convicted
traffickers, which should involve significant prison terms. Increase
funding to anti-trafficking law enforcement units and disburse it in advance
of investigations, rather than by reimbursement. Allocate
increased resources to anti-human trafficking police to better facilitate the
monitoring of defendants released under judicial supervision pending trial. Increase
or start unannounced labor inspections in high-vulnerability professions,
especially in Special Economic Zones (SEZs) and at brick kilns, entertainment
venues, construction sites, and plantations, with a focus on identifying
labor trafficking and debt bondage and holding business owners accountable to
the law. Increase
the availability of services for male victims, especially men and boys
exploited in commercial fishing abroad. Incentivize
domestic and foreign victims’ participation in criminal and civil
proceedings, including by establishing a victim’s fund and granting
permission to work, temporary residency, or other relevant immigration status
to foreign victims wishing to remain in country during proceedings. Implement
a system for monitoring, collecting, and reporting data on anti-trafficking
prosecution and victim protection efforts, and disseminate data among the
relevant government agencies in a manner that protects victims’ identities
and privacy. Eliminate
recruitment or placement fees charged to workers by Cambodian labor
recruiters and ensure they are instead paid by employers. Increase
inspection and oversight of lending institutions, including private
micro-finance organizations, to reduce vulnerability to debt-based coercion
among economically disadvantaged communities. Allow
restitution upon conviction of the trafficker and establish and train
relevant officials on procedures for calculating and granting restitution. Establish
and allocate resources to implement systematic procedures at diplomatic
missions to assist Cambodian victims abroad, including in countries without
Cambodian diplomatic representation. Amend
regulations on labor recruitment licensure and contract requirements to
include strengthened language on worker protections and labor rights. Strengthen
efforts to inspect private labor recruitment agencies and their sub-licensed
brokers for fraudulent recruitment and other trafficking indicators. Incorporate
NGO input into the policy for formally transferring custody of child victims. |