Presentation for TechCamp Phnom Penh, September 25 - 26 Phnom Penh. A *very* basic refresher on Anti-Trafficking law, with illustrations by Prom Vannak and Kim Phally.

1. Anti-Trafficking
International Laws and Local Standards
or
‘The Rules’
John Weeks, House32 Web Design
With illustrations by Prum Vannak / Kim Phally

2. Why a presentation on law?

3. Why a presentation on law?
Because law is not being applied consistently.

4. (Also, no lawyers, law experts volunteered.)

5. What’s Wrong with this picture?

7. What would be more appropriate?

9. Laws pertaining to Trafficked Persons:
• Adults
• Underage

11. International Law
Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children (2000)
“in appropriate cases and to the extent possible under domestic law, . . .protect the
privacy and identity of victims of trafficking in persons, including, inter alia, by
making legal proceedings relating to such trafficking confidential.”
http://www.unodc.org/unodc/en/treaties/CTOC/index.html
UN Convention on the Rights of the Child
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
ILO ‘Worst Forms of Child Labor’ Convention 182
http://en.wikipedia.org/wiki/Worst_Forms_of_Child_Labour_Convention

12. International Guidelines
Office of the High Commissioner For Human Rights:
Recommended Principles and Guidelines on Human Rights and
Human Trafficking (2002)
• Guideline 8, Item 09: Protecting, as appropriate, the privacy and
identity of child victims and taking measures to avoid the
dissemination of information that could lead to their identification.
http://www.ohchr.org/Documents/Publications/Traffickingen.pdf
UNICEF Guidelines on the Protection of Child Victims of Trafficking
(2006)
• Avoid re-trafficking, avoid re-traumatization
• In some cases, avoid targeting by authorities
• Media access only under exceptional circumstances and with approval of guardian /
consent of child
http://www.unicef.org/ceecis/0610-Unicef_Victims_Guidelines_en.pdf

14. Local (National) Law
Laws applicable for protecting trafficked
persons:
Constitution, Royal Government of Cambodia
• Article 41: Causing wounds on purpose:
• Article 42: Rape

15. Local (National) Law
2008: Law on the Suppression of Human
Trafficking and Sexual Exploitation
Article 49: Concealment of Identity of Victim
Newspapers and all other mass media shall be prohibited from publishing
or broadcasting or disseminating any information which can lead to
public knowledge of identities of victims in the offenses stipulated in
this law.
2011: Revised Subdecree 190 (transnational
labor)

17. Policy Flow:
• International law and policies inform
• National law and policies, enacted by
• National bodies and Anti-Trafficking
organizations.
• Feedback can go ‘upwards’ via reportage
• (INGOs may use local, international and
secondary national law as guidelines)

18. Institutional Standards should:
• base themselves on international and local
laws, and cite them as references
• Examples: Chabdai, Indochina Starfish, Friends
International

19. In Conclusion
Do your policies reflect and follow global and
local standards?
To see those who don’t, just do a web search. :/

20. Thank You!
• Thanks to Friends International, Chabdai
Coalition, Indochina Starfish, Prom
Vannak, numerous others.
• Questions, comments, feedback?
john@jweeks.net