Anti-TraffickingInternational Laws and Local Standards

or

‘The Rules’

John Weeks, House32 Web Design With illustrations by Prum Vannak / Kim Phally

Why a presentation on law?

Why a presentation on law?

Because law is not being applied consistently.

(Also, no lawyers, law experts volunteered.)

What’s Wrong with this picture?

What would be more appropriate?

Laws pertaining to Trafficked Persons:

• Adults• Underage

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 Childhttp://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx

ILO ‘Worst Forms of Child Labor’ Convention 182http://en.wikipedia.org/wiki/Worst_Forms_of_Child_Labour_Convention

International GuidelinesOffice 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

Local (National) Law

Laws applicable for protecting trafficked persons:

Constitution, Royal Government of Cambodia• Article 41: Causing wounds on purpose: • Article 42: Rape

Local (National) Law

2008: Law on the Suppression of Human Trafficking and Sexual Exploitation

Article 49: Concealment of Identity of VictimNewspapers 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)

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)

Institutional Standards should:

• base themselves on international and local laws, and cite them as references

• Examples: Chabdai, Indochina Starfish, Friends International

In Conclusion

Do your policies reflect and follow global and local standards?

To see those who don’t, just do a web search. :/

Thank You!

• Thanks to Friends International, Chabdai Coalition, Indochina Starfish, Prom Vannak, numerous others.

• Questions, comments, feedback? john@jweeks.net