Bonded Labour in the Kingdom: Cambodia and the rule of law

Monday, 19 March 2012

A report on the issue of bonded labour has been released by SISHA that argues a weak rule of law in Cambodia is perpetuating one of the most pervasive and entrenched human rights abuses in Southeast Asia.

Bonded Labour in the Kingdom: Cambodia and the Rule of Law by Maria Orchard and Courtney Saville explains the severely underestimated and complex problem of bonded labour, and how it is being addressed by governments and NGOs. The report evidences a glaring disconnect between the legal framework that targets the issue and its practical implementation by law enforcement agencies in Cambodia, and suggests some ways to bridge this divide.

Bonded labour is a form of forced labour where a person offers their labour services in exchange for a loan, and then the debt is used to force exploitative work of an undefined length and an undefined nature on the person. It is a common tool used by human traffickers, where after having paid the cost of travel and work expenses for a person, the trafficker then grossly exaggerates a debt to keep the person in bondage.

The report cites the common experience of Cambodian men being deceived into working on Thai fishing boats by being offered good work conditions and salaries, and are subsequently trapped into extremely exploitative labour with little or no pay. Many men report having received death threats, experiencing physical abuse and only being allowed a few hours’ sleep a night.

Another typical experience of bonded labour is the gross record of human rights violations against Cambodian migrant domestic workers in Malaysia. Exploitative recruitment agencies broker deals with women with inflated debts that leave them working for years without the guarantee of payment at the end of their terms. The migrant workers have reported abuse, confinement, conditions of involuntary servitude and withheld salaries, and this report outlines the gaping holes in the policies of the Cambodian government to address the issue.

The report also outlines the inadequacies of the legal framework to address bonded labour, such as the Law on Suppression of Human Trafficking and Sexual Exploitation 2008:

“With little to no mention of bonded labour in the 2008 legislation, and the confusion that continues to mar the concept of bonded labour, victims of prostitution in the form of bonded labour inevitably fall through the gaps. Additionally, much of this law cannot protect and regulate the treatment of workers in receiving countries.”

The weak rule of law in Cambodia urgently needs to be addressed, as the report argues:

“It is not enough for Cambodia to adopt legislation or entrench international human rights conventions in its Constitution if those rights remain non-justiciable.”

Read the full text here