SEX WORK AND THE LAW - HIV/AIDS Data Hub

6.2 Cambodia 371
Legal
SEX WORK IN
PRIVATE
Illegal
SOLICITING
Illegal
BROTHELS
6.2.1 Laws
The Constitution of Cambodia states:
Article 46: The commerce of human beings, exploitation by prostitution and obscenity which
affect the reputation of women shall be prohibited.
Article 36 of the Constitution states that citizens have the right to choose any employment
according to their ability and to the needs of the society; the right to obtain social security
and other social benefits as determined by law; and the right to form and to be members
of trade unions.
The Law on the Suppression of Human Trafficking and Sexual Exploitation, 2008 (the Trafficking
Law) includes broadly defined offences that criminalize most aspects of the sex industry.
The Trafficking Law prohibits public soliciting, procurement of prostitution, management
of an establishment of prostitution and provision of premises for prostitution. The
Trafficking Law introduced new provisions that criminalized soliciting.
The offence of procuring is very broadly defined by the Trafficking Law to include training
a person with a view to practice prostitution. Concerns have been raised that this might
render unlawful training in relation to safe sex practices. 372
The offence of procuring also includes hindering acts of prevention, assistance or reeducation
undertaken either by a public agency or by a competent private organization
for the benefit of persons engaging in prostitution (Article 25).
The Trafficking Law defines exploitation to include ‘commercial sex acts’ for the purpose of
the following offences:
Removal of another person for the purpose of exploitation (Article 10)
Recruitment of a person for exploitation with the use of coercive means (Article12)
Selling, buying or exchanging of a person for the purpose of exploitation (Article 15)
Transporting a person for the purpose of exploitation (Article 17)
371 A Cambodia based expert, Serey Phal Kien, facilitated inputs to this chapter through a consultative
process. Comments on the original draft of this chapter were generated from consultations with 9 individuals
(provincial and district governors, a health department official, members of the provincial AIDS committee,
NGO staff, a lawyer and a researcher) and 4 focus group discussions with entertainment worker groups, NGO
staff and activists working with entertainment workers. UNAIDS country office also provided comments.
372 Overs C. (2008) Caught Between the Tiger and the Crocodile: The Campaign to Suppress Human Trafficking
and Sexual Exploitation in Cambodia, Asia Pacific Network of Sex Workers, p.2.
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