About This Report
Off the Streets
July 20, 2010

VII. Recommendations

To the Government of Cambodia:

  • Establish a special commission to conduct independent and thorough investigations into all acts of violence and extortion by law enforcement officials, park officials, and staff or volunteers in Social Affairs centers. The commission should be composed of competent and respected representatives of government including the Ministry of Interior, Ministry of Social Affairs, Veterans, and Youth Rehabilitation, and Social Affairs, UN agencies, nongovernmental organizations including human rights groups and sex worker groups. It should be established promptly, have the power to call witnesses and produce a public report. It should be empowered to make recommendations for criminal investigations to ensure perpetrators are brought to justice for their crimes.

To the Ministry of Interior:

  • Respect the rights of sex workers, in particular the rights to bodily integrity, liberty and security, due process, and non-discrimination and to be protected from all forms of torture, inhuman and degrading treatment and punishment including all forms of sexual violence.
  • Stop the arbitrary arrest and detention of sex workers—including women, men, children, and transgender sex workers—victims of trafficking, and others including drugs users, homeless people, beggars, street children, and mentally ill people.
  • Investigate and prosecute the perpetrators of human rights abuses against sex workers, including by police and government officials.
  • Publicly acknowledge and condemn abuses by police and Social Affairs center staff against sex workers.
  • Immediately disseminate widely and instruct all law enforcement officers, in particular the local police at the commune, district and municipal and provincial levels, and local officials at the commune, district, municipal, and provincial levels, to adhere to the 2008 guidelines on the implementation of the Law on Suppression of Human Trafficking and Sexual Exploitation.
  • In consultation with community groups, sex worker groups, human rights groups, anti-trafficking groups, health groups, and UN agencies conduct a review of the 2008 law on trafficking and sexual exploitation and the impacts of its provisions on sex work before implementing those provisions dealing with sex work.
  • Remind non-police personnel such as park security guards and district security guards that they do not enjoy powers of arrest and advise them that if they are responsible for any unlawful deprivation of liberty that they will be prosecuted under the law.
  • Increase the number of female law enforcement officers trained in handling situations involving gender-based violence and, ensure that female officers are tasked with handling female and transgender sex work cases. At a minimum, increase female police officers at the police stations in Toul Kork, Chamkamon, and Daun Penh where many abuses are reported. Train these officers to interview sex workers to determine if they are victims of trafficking or physical abuse and to abide by human rights standards in dealing with adults and children in sex work. Also train them on sexual orientation and gender identity and expression, including transgender identity.
  • Instruct law enforcement officials that they can only detain adult sex workers if they have committed an actual offence under the law and they intend to promptly charge and prosecute them for such an offence. If adult sex workers are transferred to NGOs, this should be on a strictly voluntary basis and to NGOs that provide appropriate services and housing.
  • Instruct law enforcement officials to transfer children and victims of trafficking to appropriate NGOs that will protect them in line with international standards.
  • Instruct law enforcement officials that children engaged in sex work should never be treated as offenders and should not be detained solely on that basis.
  • In the case of adults or children, where there are indications that the individual may have been trafficked, refer the person immediately to a NGO that provides assistance to victims of trafficking and whose services are in line with international standards.
  • Formulate and enforce a policy for nongovernmental organizations that assist sex workers requiring that all services, including transport and shelter, be provided on a voluntary, consensual basis. Take action against organizations that in practice coerce individuals to remain in shelters against their will.

To the Ministry of Social Affairs, Veterans, and Youth Rehabilitation:

  • Permanently close Prey Speu and Koh Kor and all other Social Affairs centers, where people have been detained in violation of international and national law.
  • Suspend staff against whom credible allegations of abuse have been made, whilst the allegations are investigated.
  • Publicly acknowledge and condemn abuses by police and Social Affairs center staff against sex workers and call for their investigation.
  • Consult with sex worker groups in order to jointly develop programs and services that can empower sex workers and accurately reflect their needs. Areas include legal assistance, health care, child care, or vocational training if identified by sex workers as relevant.

To the Phnom Penh Municipality:

  • Stop the arbitrary arrest and detention of sex workers—including women, men, children, and transgender sex workers—victims of trafficking, and others including drugs users, homeless people, beggars, street children, and mentally ill people.
  • Publicly acknowledge and condemn abuses by police and Social Affairs center staff against sex workers and call for their investigation.
  • Widely disseminate and instruct all local officials at the commune, district, municipal, and provincial level, to enforce the Guidelines on the Implementation of the Law on Suppression of Human Trafficking and Sexual Exploitation.

To the National Assembly of Cambodia:

  • Publicly acknowledge and condemn abuses by police and Social Affairs center staff against sex workers and call for their investigation.
  • Establish an independent body to receive complaints of torture, cruel, inhumane and degrading treatment, and other abuses committed by law enforcement officers and staff at Social Affairs centers.
  • Until the pervasive problem of police abuse of sex workers is tackled, suspend article 24 on “soliciting” in the Law on Suppression of Human Trafficking and Sexual Exploitation. The provision gives police more leverage to extort money and commit violent acts against sex workers and has facilitated abuses.
  • Repeal the overly-vague article 25(3) of the Law on Suppression of Human Trafficking and Sexual Exploitation, which makes acts deemed to be “hindering acts of prevention, assistance or re-education” of sex workers equivalent to procurement of prostitution.

To United Nations Agencies and Concerned Donor Governments Including the US, EU, Japan, and Australia:

  • Request the permanent closure of Koh Kor and Prey Speu and other Social Affairs centers, where people have been detained in violation of international and national law.
  • Request the government of Cambodia to promptly and independently investigate all allegations of abuses against sex workers by police and Social Affairs center staff.
  • Review all funding, programming, and activities directed to assisting Cambodia’s Ministry of Social Affairs to ensure no funding is supporting policies or programs that violate international human rights law, such as the prohibitions on arbitrary arrest, detention, torture and inhuman or degrading treatment of sex workers.
  • Review all funding, programming, and activities designed to assist Cambodia’s police and Ministry of Social Affairs until there is a full independent investigation into allegations of abuses and prosecutions of those found responsible, and the centers of Prey Speu and Koh Kor are permanently closed.
  • Actively encourage the Cambodian government to adopt and put into practice services and programs for sex workers on a voluntary basis with the participation of sex workers groups.
  • Support local human rights groups and sex workers groups that are assisting sex workers on a voluntary, participatory basis.
  • Only support civil society groups running shelters that meet international standards.
  • UNOHCHR should conduct independent, impartial investigations into acts of violence and extortion by security forces and park officials and make their findings public.

To the US Government:

  • In addition to advocating for the recommendations above, recognize the vulnerable status of sex workers and ensure that they are not further penalized as a result of US policies.
  • Recognize the impact of the annual Trafficking in Persons report on other countries, and acknowledge and address the harm that can be done through misguided anti-trafficking campaigns, by documenting the impact on victims of trafficking, sex workers and other marginalized groups, such as undocumented migrants.

To NGOs Assisting Victims of Trafficking and Sex Workers:

  • Comply fully with international human rights standards on the treatment of victims of trafficking and sexual exploitation. In particular ensure all policies on admission and release from shelters are based on full respect for the rights to liberty and security, freedom of movement, autonomy and privacy, non-discrimination and the prohibition on inhuman and degrading treatment. Commit to this policy in writing.