PROTECTING CHILDREN AT RISK AND ASSISTING VICTIMS OF SEXUAL ABUSE AND EXPLOITATION IN CAMBODIA 2014 Project Proposal Submitted by: Action Pour Les Enfants [APLE] Duan Penh District, Phnom Penh Tel.: +855 23 996 351 Contact Person: Mr. Seila Samleang, Country Director Email: director@aplecambodia.org Submitted to: New Day Asia Limited 3rd Floor, Block D, Scenic Villas, Victoria Road. Pokfulam, Hong Kong Phone: +852-9191-2710 Contact Person: Liza Green Email: liza@newday.org EXECUTIVE SUMMARY Project Title Protecting Children at Risk and Victims of Sexual Abuse and Exploitation in Cambodia Target Area Cambodia (nation-wide) Direct Beneficiaries Approximately: 213 victims; 156 family members; 45 witnesses; and 50 vulnerable children Estimated Start Date 01 January to 31 December 2014 Total Projected Cost $422,225.03 USD Requested Amount $28,731 USD The proposed project arises out of a continuing need to combat child sexual abuse and exploitation in Cambodia and to ensure assistance and justice for those affected by victimization. Since 2003, Action Pour Les Enfants [APLE] has been invaluable to society; sadly, sexual abuse and exploitation still occurs and thus APLE is still needed. In 2013, we underwent a restructure that involved the launch of a mobile investigations unit and the expansion of service provision across Cambodia. We are very excited about the amalgamation of our offices and the opportunity for our donors to support this expansion by funding APLE as a whole. In 2014, the Investigative Department aims to investigate 90 cases of suspicious behaviour, referring 72 of these with solid evidence to the police. Through this, we hope to rescue 125 victims and arrest 50 suspects. The Legal Department aims to provide pro bono legal aid to over 213 direct beneficiaries and ensure the convictions of 40 perpetrators. The legal team will also advocate for victim compensation, deportation of foreign perpetrators, and child-sensitive procedures. The Social Department intends to counsel over 213 direct beneficiaries, assisting them with safe and secure alternative housing and medical care where needed. The department also aims to support 156 families, 45 witnesses and 50 vulnerable children. Finally, the Awareness and Training Department has a busy schedule with 22 awareness-raising activities, 6 workshops, and 12 trainings planned, reaching over 2000 participants. If all that wasn’t enough, APLE has also decided it is time to rebrand itself. In 1994, when it was originally founded in France, the aim of APLE was to assist in funding an orphanage in India. Nine years later, APLE and Global Humanitaria-Spain launched the PROTECT Project in Cambodia to combat child sexual exploitation and abuse. For the past ten years, APLE’s logo has been a testament to that early formation – with India still in the background. However, after years of operating in Cambodia and plans to continue for as long as necessary, we have decided it is time to rebrand ourselves. We hope this will increase brand recognition both domestically and globally, as well as bring the logo more in line with the reality of APLE in Cambodia. With all these activities going on, 2014 is shaping up to be a busy year for APLE! We hope you will help make our goals a reality by funding this project. 1. SITUATIONAL ANALYSIS 1.1 OVERVIEW OF APLE Name Action Pour Les Enfants (APLE) Date of Establishment January 2003 Scope Cambodia (nation-wide) Size 43 staff Key Goals Prevent child sexual abuse and exploitation through awareness, education and dissemination of knowledge Protect children at risk and victims of sexual abuse and exploitation through rescue and provision of social and legal services Promote prosecution of all offenders by closely collaborating with law enforcement APLE has been active in Cambodia since 2003, when the PROTECT Project was launched in partnership with Global Humanitaria-Spain and the Phnom Penh office was established. APLE is the only non-governmental organization [NGO] specialized in street-based child sexual abuse and exploitation in Cambodia, making us invaluable experts in this field. APLE has 43 dedicated staff whose skills range from lawyers to social workers, investigators to project managers. To date, APLE has assisted in the arrest of 272 suspects and rescued 608 victims from further abuse. Our vision is freedom from sexual abuse and exploitation for all children and our mission is to reduce all forms of child sexual abuse and exploitation through prevention, protection, promotion of prosecution, and advocacy. We do this through four interconnected operations departments. The Investigative Department conducts proactive investigations and monitoring of the situation on the streets and responds to reports of suspicious behaviour, which aims to rescue victims and bring perpetrators to legal account. In 2012, APLE opened 70 cases, which led to 29 arrests and 118 victims rescued. Since 2003, APLE has initiated 475 cases that have led to 272 arrests. APLE investigators also liaise with both foreign and national law enforcement, referring 81 cases to national police and 20 to foreign police in 2012. APLE’s Legal Department provides pro bono legal aid to those affected by victimization. To date, APLE lawyers have represented 547 victims; 193 in 2012 alone. Legal representation was also provided to 88 family members, 39 vulnerable children, and 8 witnesses in 2012. Several victims stated they would not have filed a complaint without APLE’s help, illustrating the ongoing need for our legal aid. APLE’s Social Department helps with a wide range of needs: medical examinations and/or care; shelter placements; welfare support; counselling; and assistance with reintegration. Since 2003, 614 victims received social support, 244 in 2012. APLE also provides social support to vulnerable children, witnesses and family members, reaching 156, 4, and 152 respectively in 2012. The Awareness and Training Department organizes trainings, awareness raising events, and workshops. To date, APLE has organized 178 events for 8833 participants. We believe a bettereducated population will reduce instances of abuse and increase reports of suspicious behaviour. 1.1.1 CONTINUITY OF SERVICE APLE’s activities are divided into departments; however, each department is inextricably linked to the others. The departments function as an interconnected and interdependent unit whereby APLE provides continuity of service to those affected by victimization. Continuity of service is highlighted by several organisations, such as World Health Organisation and United Nations, as key to helping victims overcome trauma and heal in a positive way. In 2003, APLE carried out only investigative and legal services; however, staff quickly recognised the need for social services as well to provide immediate counselling to victims. After conducting informal awareness raising and training activities for years, this department was formalized in 2011, completely APLE’s continuity of service cycle. Now, APLE provides holistic services to communities and those affected by abuse. The interconnected departments complement each other and provide a safe environment in which the victim is able to develop a bond with their service provider and feel safe, secure, and cared for. The cycle of service provision is presented below. Desire for prevention Awareness and Training Informants Reactive cases Proactive cases Investigations Social Support Legal Aid Trauma Rescues and Arrests 1.2 CONTEXT ANALYSIS Sexual abuse and exploitation of children is not new to Cambodia; neither is legislation against it. There are several laws, policies, and sub-decrees in place; however, understanding and compliance are often low. Additionally, initiatives by the Royal Government of Cambodia and NGOs have not been well coordinated or integrated into existing systems. This results in a disjointed multitude of ideas, laws, and actions that leave many Cambodians confused and allow perpetrators to escape through loopholes. Despite a recent increase in convictions, Cambodian laws are often insufficient, illogical, and inconsistent. For example, deportation is currently mandated at the judge’s discretion. Many convicted foreigners are able to stay in Cambodia after serving their sentence, possibly even moving back into the community where the abuse occurred in the first place. Therefore, while the legal situation is changing, the underlying issues remain and the judicial system continues to allow too many perpetrators to go free. Sexual activities with those under the age of consent (15 years old) are clearly defined as a felony in Cambodian law1. While human labour and sex trafficking have gained attention in recent decades, there is less global notice paid to street-based child sexual abuse2 committed by locals See Article 42 and 43 of the Law on Suppression of Human Trafficking and Sexual Exploitation (2007) Street-based child sexual abuse and exploitation is “generally facilitated personally by the sex offender, who approaches children directly on the streets, beaches, markets or other public areas in order to 1 2 and foreigners. In Cambodia, ongoing poverty, corruption, an unwilling justice system, lack of education, and confusing legal procedures continue to foster a vulnerable environment for children. In combination with this, the rapid growth of tourism over the last decade has increased the presence of traveling sex offenders in Cambodia3. These offenders take advantage of the aforementioned problems to abuse and exploit children without repercussions. In some cases, arrested perpetrators evade conviction by bribing victims or their families to drop complaints, which has led to a culture of impunity for those who can ‘afford it’. On the other side of the spectrum are the victims. Victimization is a degrading experience that diminishes self-confidence, aspirations, and even lives. It corrodes family relationships, community life, and national integrity. In Cambodia, many victims come from poor, uneducated backgrounds and find the post-arrest experience intimidating and hard to understand. From the moment police intervene to appearing at the trial, where many victims see their tormentor again and have to testify, it can be very overwhelming. Many child victims express trauma due to the postponement of trials, aggressive questions, non child-friendly and sensitive procedures, and accusations from defense lawyers, having to repeat their story to multiple officials, testifying in public, and coercive questioning techniques. On top of this, distrust of the judicial system, due to ongoing corruption and lengthy trials, leads many to either avoid reporting abuse initially or withdrawing their complaint prior to final sentencing. 2. PROJECT STAKEHOLDERS 2.1 BENEFICIARIES The proposed project aims to help over 2464 beneficiaries in 2014. These can be divided into direct and indirect beneficiaries for a more comprehensive understanding. Direct beneficiaries are those who receive support services, such as legal aid or social support, from APLE. We have four types of direct beneficiaries: 1. Victims are children under the age of 18 who were sexually abused or exploited by a suspect and received either social or legal support from APLE. 2. Vulnerable children are the children that are at risk or in contact with or targeted by a suspect or previously convicted offender or are living or working in close proximity to such a person, but have not yet been abused by them. 3. Witnesses are children or adults who saw the abuse occur or can confirm the allegations of abuse through disclosure from the perpetrator. 4. Family members are the blood relatives or court-appointed guardians of a victim, witness, or vulnerable child who receive social or legal support from APLE. In 2014, we aim to assist approximately 213 victims, 156 families, 45 witnesses, and 50 vulnerable children. Overall, we will reach 464 direct beneficiaries with the proposed project. Indirect beneficiaries are those who attend awareness raising activities, workshops, and/or trainings and therefore benefit via increased knowledge and skills to recognize and report abuse. commence a sexual relationship with them”. It is most commonly perpetrated by travelling sex offenders. Grillot, C. (2005). Street Pedophilia in Cambodia – A survey on Phnom Penh’s suspects and victims. 3 United States of America: Department of State. (2013). 2013 Trafficking in Persons Report: Country Narratives. Available at: www.state.gov/documents/organization/210738.pdf APLE organizes activities with a wide variety of people, such as community members, law enforcement, local and international NGOs, tuk-tuk drivers, doctors, judges, and hotel staff. The project has the ambitious target of reaching over 2000 indirect beneficiaries next year. 2.2 IMPLEMENTERS APLE is the primary implementer, responsible for initiating, executing, monitoring, and evaluating the project. In addition to APLE, a multitude of partner NGOs will assist in the implementation. For example, victims in need of alternative housing will be referred to a reputable and safe shelter, run by another NGO, who will assist in the rehabilitation and reintegration process. In another example, other NGOs that receive reports of child sexual abuse will refer these to APLE. This mutual referral system enables APLE and partner NGOs to strengthen the protection of children and prevention of violence in Cambodia. Currently, APLE has approximately 15-20 NGOs that we partner with on a regular basis, mostly via referrals. 2.3 FINANCIERS In 2013, APLE was funded by 10 generous organizations, which enabled us to accomplish another year of protecting children, assisting victims, and promoting the prosecution of offenders. Our financiers included our partner, Global Humanitaria-Spain, who continues to support our efforts to combat child sexual exploitation. Terre des Hommes Netherlands, ADM Capital Foundation and New Day Asia were also key donors who continue to support us year after year. APLE is grateful to all other donors: Stop Exploitation Now, Swiss Embassy Bangkok, To Holding As, Acting for Life International, World Vision Cambodia, and Table de Cana. The support we received from each organization has been inspiring and empowered APLE to keep achieving successes. We hope we are lucky enough to receive the same support in 2014 and are able to continue and expand our activities. 3. PROBLEM ANALYSIS The Khmer Rouge’s brutal genocide ended in 1979, when Vietnam invaded Cambodia; however, the consequences reverberated for years after and the rebuilding process is still underway today. Cambodia has come a long way in the past 35 years; nevertheless, there is still a long way to go. Corruption plagues many official bodies, particularly the judiciary, and civil distrust of authorities remains high4. Poverty is ever-present with 22.8% of the population living on less than $1.25 per day5. Combine this with the rise of tourism and a dangerous environment is created in which criminals can exploit the poverty and vulnerability of locals and bribe officials to avoid capture. In the specific context of child sexual abuse and exploitation, there are four areas of concern. Firstly, Cambodian law enforcement does not actively combat abuse. The Cambodian National Police [CNP] rarely conduct proactive investigations; instead, they act reactively, investigating only once a victim complains of abuse. The use of grooming techniques, whereby the child and/or their family benefits materially – often financially – in exchange for abuse, makes it unlikely that Cambodia ranks 157 out of 176 countries on the Transparency International Corruption Perceptions Index 2012. The judiciary, closely followed by the police, is the institution perceived to be most affected by corruption. (Available at: www.transparency.org/country#KHM) 5 UNDP International Human Development Indicators. (2012). Available at: hdrstats.undp.org/en/indicators/38906.html 4 the victim will file a complaint. Additionally, more offenders seek work in schools, orphanages, or NGOs that will give them unsupervised access to and power over children and their families. Offenders prey on the poverty and vulnerability of children, often using money to ensure silence and financial dependence. Moreover, precedence limits the police. Though not explicitly prohibited by Cambodian law, undercover evidence collection operations in human trafficking [and abuse] cases have been deemed illegal by Cambodian judges in recent years… [C]hild sex traffickers’ methods have become increasingly sophisticated and difficult to detect, making proactive and undercover investigation necessary for collecting sufficient evidence and building cases6. As a result of these factors, the CNP needs assistance in cases where grooming techniques are used and victims are unable or unwilling to report the abuse. Secondly, corruption and high costs in the judiciary are pervasive problems. As mentioned above, the judiciary is seen as the most corrupt institution in Cambodia; on a scale 1 (not at all corrupt) to 5 (extremely corrupt), the judiciary was rated a 4. Individuals navigating the court process not only find it confusing, but also encounter ‘fees’ that make the process hard to afford. On top of bribery, the general costs associated with court are prohibitive for many. Lawyer fees alone can range from $500 to $2000 – this does not include transportation, time off work, and other associated costs; the GDP per capita (current USD) is $9467. Additionally, the victims and families who financially benefited from the offender may be reluctant to testify against him or her. Courtordered compensation for victims may be too low and/or take too long to receive, which leaves time for the offender to bribe the victim or family into silence. Without this crucial testimony, the offender will likely be released and continue to abuse children. Thirdly, victims experience not only physical trauma, but also emotional trauma due to the abuse and cultural taboos. Most victims come from poverty and thus need both immediate post-abuse distress counselling and assistance finding other support, such as a safe shelter, medical care, and material goods like clothes or shoes. Victims who are unable to access this sort of support often cannot understand what has happened or may even blame themselves. Offenders prey upon the poverty, illiteracy, and general lack of education of victims and their families. Sexual abuse, and many other topics surrounding sex education, remains a taboo subject in Cambodia that is rarely spoken about in public. Many Cambodians continue to believe that abuse does not occur in Cambodia and therefore is not a problem that needs to be addressed. If these barriers are not broken down and poverty addressed, the risk re-victimization is high. Finally, there is lack of understanding and education surrounding sexual abuse. For instance, many Cambodians do not believe that boys can be sexually abused; however, many offenders prefer boys8. Offenders often groom not just the child, but also their family and possibly even their community. As a result, many people surrounding the child like, trust, and/or benefit from the offender and, if the child discloses the abuse, they may not believe or choose to ignore the child. Some Cambodians recognize that abuse occurs, but rely too heavily on money from the offender to file a complaint. According to a survey conducted in Sihanoukville, 40% of the United States of America: Department of State. (2013). 2013 Trafficking in Persons Report: Country Narratives. Available at: www.state.gov/documents/organization/210738.pdf 7 World Bank Data. (2012). Available at: data.worldbank.org/indicator/NY.GDP.PCAP.CD 6 Hilton, A. (2008). “I Thought it Could Never Happen to Boys”: Sexual Abuse and Exploitation of Boys in Cambodia, An Exploratory Study. Social Services of Cambodia for Hagar and World Vision. 8 community members see APLE and other child protection NGOs as threats to their income. There are very few programs working to change attitudes and increase knowledge of child sexual abuse and exploitation; however, this is imperative in the effort to combat it. Unrelated to the above trends, but a problem that has arisen over the past year, is the issue of APLE’s logo. Currently, it is both out-dated and inaccurate. Unfortunately, we do not feel we receive adequate brand recognition and are endeavouring to remedy this. We feel a logo change will greatly benefit APLE and our work. The use of India in the background, with children running across it is evidence of our early days. APLE was formed to help fund an orphanage in India, but has evolved into much more than that. Now, we need a new logo that more accurately represents our work in Cambodia and has greater brand recognition for APLE. 4. OBJECTIVE ANALYSIS Once the key problems and the root causes had been identified, APLE set to work creating objectives for the upcoming year. The overarching goal of APLE is to reduce all forms of sexual abuse and exploitation through prevention, protection, promotion of prosecution, and partnership. Following from this, the purpose for the proposed project is to enhance investigative, legal, and social services for those affected by victimisation in Cambodia, as well as educate the community to be aware and report suspicious behaviours. The outputs can be divided into five components, each one integral to achieving the purpose next year and contributing to the overall goal. The components seek to address and eliminate the problems outlined above. Component One deals with the investigative services and has three outputs: 1. Conducted proactive and reactive investigations into suspected incidents of child sexual abuse and exploitation. 2. Provided citizens with a mechanism to report suspicious behaviours to APLE. 3. Liaised with national and foreign police to facilitate information sharing, ensure rescues of victims and arrest of suspects, and monitor compliance with standard operating procedures (SoP). Component Two is concerned with the legal department and outlines four outputs: 1. Provided pro bono legal services to those affected by victimization. 2. Facilitated discussion with and/or trained those involved in child protection and legal proceedings on how to provide child-sensitive support and environments. 3. Ensured child-sensitive courtroom procedures were maintained. 4. Improved prosecution of criminals and strengthened national laws regarding child sexual abuse and exploitation. Component Three elaborates the three outputs for the social services: 1. Provided social services to those affected by victimization. 2. Referred those in need to the appropriate organization for provision of child-sensitive services. 3. Followed-up with ongoing cases to assess the victim’s situation. Component Four, the awareness and training sector, has four outputs: 1. Raised awareness across Cambodia about issues related with child sexual abuse and exploitation. 2. Facilitated workshops for NGOs to share information and best practices. 3. Provided training to relevant parties in an effort to enhance protection of children and end child sexual abuse and exploitation. Component Five, lastly, is our marketing strategy, which consists of two outputs: 1. Developed a new brand 2. Launched the new brand Carried out in tandem, we believe the aforementioned internal and external activities will accomplish our purpose and make Cambodia a safer place for children. On a broad level, each component has elements that will help in the achievement of prevention, protection, promotion of prosecution, and partnership. Integrating these key principles into every department guarantees a multi-faceted and holistic approach that will facilitate success in the coming years. Please see Appendix One for the project log-frame. 5. PLAN OF ACTIVITIES Based on the proposed log-frame, a preliminary schedule for the upcoming year was drafted. The schedule includes all components, outputs, and associated activities that will be carried out in 2014. APLE is largely a service provision organization, thus many activities will be provided on a continual basis. As you can see, it will be a busy year, but we are up for the challenge! Please see Appendix Two for the activity plan. 6. RESOURCE PLANNING Please see Appendix Three for the budget. 7. MONITORING AND EVALUATION Monitoring and evaluation are crucial to measuring the effectiveness and efficiency of the project interventions. Throughout 2014, APLE will conduct on-going internal and external monitoring to ensure activities are carried out to the best of our ability and we are on track to meet our targets. Two evaluations will also be conducted, an internal mid-term review and an ex-post facto evaluation by an external consultant. The evaluations will measure both our expected and unexpected successes throughout the project, as well as provide space for recommendations and improvements for the following years. Please see Appendix Four for a full monitoring and evaluation plan. 8. RISK ANALYSIS AND MANAGEMENT At the outset of the project, various risks that might threaten the project’s success were identified. Though this analysis is not exhaustive, we have tried to identify the most relevant and plausible risks. Each of these risks was rated on scales of 1 to 5 for the probability of occurring and the impact on the project if it occurs. All risks with total scores of 6 or greater were analysed further and risk mitigation strategies were developed. The major risks and their management strategies are briefly explored below. There are two major risks that were identified through the risk analysis. Firstly, the risk that serious security concerns arise due to threats. This could lead to direct threats to staff and/or their families, an unsafe work environment, and the inability to carry out work. The Country Director should monitor all threats and keep the staff informed about the safety plan and proactive steps they can take to remain safe. The second major risk is that child sex offenders develop more sophisticated methods. This would make offenders harder to detect and require APLE to use more high-technology equipment and methods to monitor suspects. The Investigation Manager should monitor the methods employed by offenders and adjust the investigation methods and technology accordingly. Both these risks have a high probability; APLE currently receives occasional threats and has witnessed a shift in offenders’ modus operandi in recent years. Both also have a high impact; security threats would impede APLE work and endanger employees while a change in methods would make it harder for APLE to remove offenders from the community and keep children safe. Despite that, we feel the mitigation strategies are appropriate and sufficient to ensure this risks will not hinder our ability to achieve the project Several other risks were identified and managed. Please see Appendix Five for the full risk identification and risk management tables. 9. ANALYSIS OF ASSUMPTIONS Out of necessity, several assumptions have been made in the formulation of this project proposal. The assumptions have been analysed extensively; those considered serious threats have been included in our risk analysis, while the others are treated as unavoidable assumptions. The assumptions have been broken down into two levels – purpose and output – and are briefly described below. 9.1 PURPOSE LEVEL At this level, we assume that the political situation remains stable enough to allow APLE to implement the project activities. Despite recent political instability, we believe that the Royal Government of Cambodia remains committed to the fight to end child sexual abuse and exploitation and thus this is not a risk to the project. 9.2 OUTPUT LEVEL For each output, a corresponding assumption was defined. While it is not possible to include all possibilities, the most influential assumptions were included. For the investigative department, assumptions exist around a renewed MoU with the Ministry of Interior, an on-going commitment of civilians to report abuse, and a strong partnership with the police. The assumptions for the legal department entail those affected by victimization continue to access services, judicial officials attend meetings and implement child-sensitive procedures, and the prioritization of child protection by the Royal Government of Cambodia. Similarly, the social department assumes those affected by victimization continue to access services, organizations continue to assist APLE, and victims allow follow-ups from social workers. For awareness and training, we assume that people will attend the events and increase their knowledge through them. Finally, the marketing rests on the availability of human and material resources and both internal and external excitement and positivity about a new brand. There are also wide variety of pre-conditions that need to occur at the activity level in order to achieve the outputs and purpose. These can be found in the log-frame (Appendix One).