Kandal Provincial Court has sentenced 13 pregnant Filipino women to four years’ imprisonment for attempted human trafficking, as well as a Cambodian housekeeper to six months’ jail for failing to report the crime.
According to the Kandal Provincial Court, the women were sentenced for attempted human trafficking for transit under Article 27 and 29 of the Criminal Code and Article 16 of the Law on the Suppression of Trafficking in Persons and Sexual Exploitation.
However, two years of their sentence have been suspended. The same with the Cambodian housekeeper’s punishment; she will only serve two months and one day, with the remaining months suspended.
The court statement, signed by its spokesperson, stated that the act committed by the Philippines nationals constituted an attempt to commit human trafficking for cross-border transportation. It is punishable under the Criminal Code and the Law on the Suppression of Human Trafficking and Sexual Exploitation.
The statement emphasized that such crimes pose a “significant threat to public security and order, and gravely violate the rights of infants and children, which are safeguarded by national and international laws”. It also mentioned that under Article 987 of the Civil Code, the “woman who gives birth is the mother of the child”.
There is clear and strong evidence that the 13 women intended to become surrogates to produce babies for the purpose of selling them to a third party in exchange for money, which is considered a crime of human trafficking, the court stated.
“Therefore, women who use surrogacy for the purpose of producing babies for sale and trade for profit shall be considered criminals under the laws of the Kingdom of Cambodia,” it added.
According to the Philippine embassy in Phnom Penh on December 3, the women were detained at a designated medical facility on September 23, 2024 and placed under police protection. They received medical care and welfare assistance by Philippines and Cambodian authorities while awaiting the completion of the judicial process.
The embassy noted that the violation of the ban on surrogacy is considered a felony in Cambodia, and the law carries a maximum penalty of 15 to 20 years.
It also acknowledged the reduction of the penalty to two years due to mitigating circumstances which were rigorously argued by counsels appointed by the embassy to pursue the best possible outcome within the framework of Cambodian law.
The Philippines government, through its embassy, has pledged to continue providing appropriate support, including legal and consular assistance, to the Filipino women throughout their sentence in Cambodia.
To recap, the Filipino women and Cambodian housekeeper were detained by the authorities during a raid at a villa in Borey Vimean Phnom Penh, in Prek Anchanh commune, Muk Kampoul district, Kandal province. It was discovered that the 13 women who were pregnant, had a gestation period ranging from one to seven months.
On October 8, the Philippines government appealed to Cambodia “not to punish the 13 surrogate mothers” who were trafficked to the country. It said then that their government will provide legal assistance to the women in order to cooperate with Cambodia to solve the case.
Asked if the suspension of two years from the jail term was due to discussions with the Philippine Embassy, So Sarin, spokesperson for the Kandal Provincial Court, replied, “it is the judge’s decision”.
Sarin said the taking care of the newborns is dependent on the Philippine Embassy, adding that, “we are only responsible for the legal proceedings”.
In October, Chhay Kim Khoeun, National Police spokesperson told CamboJA News that the “insemination of the women was not done in Cambodia, but by traffickers in Thailand”.
On Wednesday, Kim Khoeun told CamboJA News that there has been no significant progress from the investigation cooperation between Cambodian and Thai authorities. However, he emphasized that discussions are ongoing along with efforts to address the issue.
