CRC/C/OPSC/KHM/Q/1/Add.1
United Nations / CRC/C/OPSC/KHM/Q/1/Add.1/ Convention on the
Rights of the Child / Distr.: General
6 January 2015
Original: English
Committee on the Rights of the Child
Sixty-eighth session
12–30 January 2015
Item 4 of the provisional agenda
Consideration of reports of States parties
List of issues in relation to the report submitted by Cambodia under article 12, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Addendum
Replies of Cambodia to the list of issues[*]
[Date received: 28 November 2014]
Question 1
Please provide statistical data, disaggregated by sex, age, urban and rural residence, national origin and socioeconomic background, from 2011 onwards, on:
(a) Report on sales of children, disaggregated by sale for purposes of sexual exploitation, transfer of organs for profit, forced labour, child prostitution, child pornography and child sex tourism, together with information on the action taken in response to the reports, in particular prosecutions brought and penalties imposed;
(b) The number of children offered, delivered or accepted by whatever means for the purpose of prostitution, engagement in forced labour, illegal adoption, organ transfer or pornography, and information on the action taken in response, in particular prosecutions brought and penalties imposed;
(c) The number of child victims who have been given assistance with reintegration or compensation.
Answer (a) + (b)
- There were six illegal cases of bringing minors out in 2011, a figure that increased to 19 cases in 2012 and fell to only four cases in 2013. In total, there were 29 of offences, with 30 minor victims recorded in data of the Ministry of Justice. The perpetrators were sentenced to imprisonment for less than or equal to 5years to 15years (see table1).
Table 1
Illegal cases of bringing minor out
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 6 / 7 / 2 / 2 / 0
2012 / 19 / 19 / 12 / 5 / 0
2013 / 4 / 4 / 1 / 9 / 0
Source: Ministry of Justice.
- For the offence in relation to sexual intercourse with minors who are aged less than 15 years old, there was a total of 86 cases occurred 2011-2013. Noticeably, the offences fell to 13 cases in 2013. A total of 54 offenders were sentenced to less than or equal to 5years, and 14 offenders were sentenced from 5 to 15years (see table2).
Table 2
Sexual intercourse with minor ages less than 15 years old
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 36 / 42 / 22 / 4 / 0
2012 / 37 / 46 / 23 / 8 / 0
2013 / 13 / 18 / 9 / 2 / 0
Source: Ministry of Justice.
- For the offence of pornography against a minor under 15, it was shown that a total of 24 cases occurred from 2011 to 2013, with the total of 45 minor victims. A total of 20 offenders were sentenced to less than or equal to 5years, and 1 offender was sentenced from 5 to 15years. The numbers of offences fell to five cases in 2013 (see table3).
Table 3
Pornography against minors under the age of 15
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 8 / 17 / 6 / 0 / 0
2012 / 11 / 24 / 10 / 0 / 0
2013 / 5 / 4 / 4 / 1 / 0
Source: Ministry of Justice.
- For the offence of purchase of child prostitution, there was a total of 12 cases from 2011-2013, with the total of 19 minor victims. Seven offenders were sentenced to less than or equal to 5 years, while four offenders were sentenced from 5 to 15years. The numbers of offences fell to two cases in 2013 (see table4).
Table 4
Purchase of child prostitution
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 6 / 8 / 3 / 3 / 0
2012 / 4 / 9 / 2 / 1 / 0
2013 / 2 / 2 / 2 / 0 / 0
Source: Ministry of Justice.
- Only one case for the offence of soliciting child prostitution occurred in 2011, and one offender was sentenced from 5 to 15years. No case occurred in 2012 and 2013 (see table5).
Table 5
Solicitation for child prostitution
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 1 / 1 / 0 / 1 / 0
2012 / 0 / 0 / 0 / 0 / 0
2013 / 0 / 0 / 0 / 0 / 0
Source: Ministry of Justice.
- For the procurement of child prostitution, there was a total of six cases from 2011 to 2013, with the total of 13 minor victims. No offender was sentenced to less than or equal to 5years, while nine offenders were sentenced from 5 to 15years. The numbers of offences were stable for all threeyears (see table6).
Table 6
Procurement with regard to child prostitutions
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 2 / 2 / 0 / 2 / 0
2012 / 2 / 2 / 0 / 3 / 0
2013 / 2 / 9 / 0 / 4 / 0
Source: Ministry of Justice.
- For child pornography, there was a total of three cases from 2011 to 2013, with the total of seven minor victims. Two offenders were sentenced to less than or equal to 5years, and one offender was sentenced from 5 to 15years. The number of offences rose from one to two cases in 2013 (see table7).
Table 7
Child pornography
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 1 / 3 / 0 / 1 / 0
2012 / 0 / 0 / 0 / 0 / 0
2013 / 2 / 4 / 2 / 0 / 0
Source: Ministry of Justice.
- There was a total of two cases for the offence of the sale of children in 2012 and 2013. Two offenders were sentenced to less than or equal to 5 years, and no offender was sentenced from 5 to 15years. The number of offences had no increase in 2012 and 2013 (see table8).
Table 8
Sale of children
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 0 / 0 / 0 / 0 / 0
2012 / 1 / 1 / 1 / 0 / 0
2013 / 1 / 1 / 1 / 0 / 0
Source: Ministry of Justice.
- Only one case for the offence of provision of premises for prostitution occurred in 2012, and one offender was sentenced to less than or equal to 5years in 2012. No case occurred in 2011 and 2013 (see table9).
Table 9
Provision of premises for prostitution
≤ 5 years / >5-≤15 years / >15-≤30 years /
2011 / 0 / 0 / 0 / 0 / 0
2012 / 1 / 1 / 1 / 0 / 0
2013 / 0 / 0 / 0 / 0 / 0
- With regard to accusations filed with the court and sentencing for child sex tourism, reference is made to article68 of the Law on Tourism, which stipulates that: “Either tourist or leisure travellers, who violates article50 of this Law shall be guilty of an offence and subject to a nullification of entry-visa and shall be expelled or may be banned from being present in the tourist destinations in the Kingdom of Cambodia for a specified period of time not exceeding 5 (five) years or permanently”. In this regard, the perpetrator shall be sent to the court for sentencing according to the actual act committed in accordance with the law.[1]
Answer (c)
1. Statistics of children to be reintegrated to their communities
Year / Children /Total / Girls /
2011 / 10,589 children / 4,481 children
2012 / 324 children / 74 children
2013 / N/A / N/A
Source: Department of Anti-Human Trafficking and Reintegration, Ministry of Social Affairs, Veterans and Youth Rehabilitation.
Note: The number of children indicated above were collected from 20 municipality provinces.
2. Monitoring work
- In 2011, 584 children (388 girls) were carefully monitored, including 85 orphans, 69 children of violence, 94 children of sex trafficking, 95 children of illicit drugs, 9 children with disabilities, 1 child of abuse, 52 children of labour trafficking, 71 children living with AIDS, 24 children in street conditions and 136 children who had been reintegrated into their communities in eight provinces and municipalities.
- Furthermore, in 2012, 237 children were closely monitored.[2] They included orphans, violated children, victims of sex trafficking, illicit drugs, children with disabilities, victims of sexual abuse, child labour trafficking, children in conflict with the law. The children had been reintegrated into their communities and families in the eight municipality provinces of Phnom Penh, Kompong Thom, Siem Reap, Kompong Speu, Svay Rieng, Prey Veng, Battambang and Banteay Meanchey.
Question 2
In view of the information provided in paragraph13 of the report (CRC/C/OPSC/KHM/1), please clarify whether the State party envisages establishing a comprehensive database covering all areas of the Optional Protocol to systematically collect, analyse and evaluate disaggregated data and other information on the sale of children, child prostitution and child pornography, and on the implementation of the Optional Protocol at the capital and provincial levels.
Answer
- The Ministry of Interior’s Department of Anti-Human Trafficking and Juvenile Protection has a data information system on the suppression of perpetrators, rescue of victims, children of trafficking and abuse and of other cases in relation to the trafficking issue. The Ministry of Justice has a data system on the sentence cases. The Department of Anti-Human Trafficking of the Ministry of Social Affairs, Veterans and Youth Rehabilitation has a data system on victims and reintegration (manually). These data systems are separated and not systematic, owing to a lack of human resources, and technical and financial support for its function. These data systems are gathered at the national level and they have yet to be accessed at municipality provincial and municipality levels. The purpose of the National Committee on Counter Trafficking in Persons is to gather these data systems and make them a consolidated one linking one another.
Question 3
Please provide information on the measures taken by the State party to harmonize all its legislation, including the Law on Suppression of Human Trafficking and Sexual Exploitation 2008, and bring it into full conformity with the Optional Protocol. Please clarify whether the sale of children, in particular the sale of children for the purpose of illegal adoption and for engagement in forced labour, is defined and prohibited under the national legislation in accordance with articles2 (a) and 3, paragraph 1(a), of the Optional Protocol.
Answer
- The Law on Suppression of Human Trafficking and Sexual Exploitation in 2008 clearly stipulates that its objective is to suppress the acts of human trafficking and sexual exploitation, which is a kind of evident offence. Despite the fact that a number of provisions of this law are in line with those of Penal Code, the principles for enforcement and enforcers are specified according to clear objectives and principles for law enforcement which are conditions for harmonization of Cambodian laws.
- The Law on Suppression of Human Trafficking and Sexual Exploitation in 2008 is wholly consistent with to the Optional Protocol in terms of both content, matters and implementation, as stated in the object of the article1 that, “The objective of this law is to suppress the acts of human trafficking and sexual exploitation in order to protect the rights and dignity of human beings, to improve the health and welfare of citizens, to preserve and enhance good national customs, and to implement the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, or other international instruments or agreements with regard to human trafficking that the Kingdom of Cambodia has ratified or signed”.
- Cambodia ratified the Convention on the Rights of the Child in 1992 and Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2002, all of which are international instruments as specified in the article1 of the Law on Suppression of Human Trafficking and Sexual Exploitation in 2008.
- The sale of children, in particular for the purpose of illegal adoption, and the engagement of the child in forced labour have been stipulated and prohibited and shall be subjected to punishment according to the 2008 Law on Suppression of Human Trafficking and Sexual Exploitation, including but not limited to article10 (Unlawful Removal with Purpose); article12 (Unlawful Recruitment for Exploitation); article13 (Definition of the Act of Selling-Exchanging Human Being); article15 (Act of Selling-Exchanging Human Being with Purpose) and article19 (Receipt of Person with Purpose), all of which are in accordance with article2(A) and 3(A) of the Optional Protocol on the sale of children, child prostitution and child pornography.
Question 4
Please provide information on the new National Plan of Action against Trafficking and Sexual Exploitation of Children mentioned in paragraph70(a) of the State party’s report, its adoption and the practical steps taken to implement it. Please also describe the outcome of any evaluation of the previous national plan. Please provide information on the measures taken to implement the Policy and Minimum Standards on Protection of the Rights of Victims of Trafficking.