Anti Trafficking - The Rules


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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.

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Anti Trafficking - The Rules

  1. 1. Anti-Trafficking International Laws and Local Standards or ‘The Rules’ John Weeks, House32 Web Design With illustrations by Prum Vannak / Kim Phally
  2. 2. Why a presentation on law?
  3. 3. Why a presentation on law? Because law is not being applied consistently.
  4. 4. (Also, no lawyers, law experts volunteered.)
  5. 5. What’s Wrong with this picture?
  6. 6. What would be more appropriate?
  7. 7. Laws pertaining to Trafficked Persons: • Adults • Underage
  8. 8. 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.” UN Convention on the Rights of the Child ILO ‘Worst Forms of Child Labor’ Convention 182
  9. 9. 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. 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
  10. 10. Local (National) Law Laws applicable for protecting trafficked persons: Constitution, Royal Government of Cambodia • Article 41: Causing wounds on purpose: • Article 42: Rape
  11. 11. 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)
  12. 12. 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)
  13. 13. Institutional Standards should: • base themselves on international and local laws, and cite them as references • Examples: Chabdai, Indochina Starfish, Friends International
  14. 14. In Conclusion Do your policies reflect and follow global and local standards? To see those who don’t, just do a web search. :/
  15. 15. Thank You! • Thanks to Friends International, Chabdai Coalition, Indochina Starfish, Prom Vannak, numerous others. • Questions, comments, feedback?