“The ultimate transformation - me.”
Scott Neeson April 2016
Scott Neeson’s latest 'sponsored'
Facebook advertisement has only one subject- Scott Neeson!
There is no mention of the 700+ children
in CCF residential care.
Did sponsors and donors pay for Scott’s
self-aggrandizing advertisement for himself?
Is the CCF board at all concerned
that the legal and human rights of 700+ children and young adults have been
breached by the contracts their parents have been forced to sign?
Does the CCF board approve of the
debt bondage that results from the signing of such contracts?
Will the Cambodian print media and
human rights organisations such as LICADHO and ADHOC ever get around to asking
Scott Neeson a few pertinent questions about these contracts?
Vong Soth, Minister for Social Affairs endorsing CCF's World Housing initiative! |
Vong Soth
Minister for
Social Affairs
Ministry
of Social Affairs Veteran and Youth Rehabilitation
No 788B
Monivong
Boulevard
Phnom Penh
Cambodia
25th
April 2016
Dear Mr Vong Soth
Earlier this year
you vowed to cut the number of children in orphanages by 30 per cent within two
years through a joint campaign with NGOs. You said:
“The centres
should receive only real orphans who have no other option, not children who are
living with families and parents.”
Scott Neeson
admits that all but 35 of the 700+ children in residential care at the
Cambodian Children’s Fund have families.
Do you believe,
Minister, that round 650 CCF children with parents (not orphans) should grow up
in institutions?
I would like to
draw your attention, and that of your partners, USAID, UNICEF and Friends
International, to the fact that impoverished parents are often tricked by NGOs
into giving up custody of their children. The parents are then told they cannot
have their children returned to their care until they pay the NGO money.
For example,
consider the following extracts from a contract that the Cambodian Children’s
Fund forces parents to sign:
3(I)
The Parents/guardians agree to reimburse and compensate any cost of expense
including blood test and vaccination for child, and financial and materials
support to their family, although it was a gift or loan, and other expenses
while their children were residing in CCF if they demand to bring their
children back or the decision made by the child him/herself and that such those
decisions may affect the child’s future and advantages without obvious
justification from the parents/guardians.
And:
Any dispute that
may arise out of this Agreement shall be settled by the Parties amicably. Any
dispute which cannot be amicably settled by the Parties shall be settled by
binding arbitration in a location to be decided by the mutual agreement of the
Parties. The dispute shall be settled by one arbitrator or more mutually
agreeable by the Parties. The arbitrator’s decision shall be final and binding
on the Parties. The Parties agree that they will not refer their dispute to any
court in the Kingdom of Cambodia.
And:
Article
6 Severability
If any of the
provisions of this Security Agreement shall be held invalid or unenforceable,
this Security Agreement shall be construed as if not containing those
provisions and the rights and obligations of the Parties shall be construed and
enforced accordingly.
The Cambodian Children’s Fund is using legal trickery to make it
impossible for parents to have their children returned to their care other than
at the whim of Scott Neeson or his staff.
With the provisions outlined in this contract CCF seeks to convince
parents that if they withdraw their children from the NGO’s care they must pay
CCF many thousands of dollars! This is despite the fact that every child at CCF
has at least one sponsor – paying CCF $150 a month to care for that child.
That CCF should ask the poorest of the poor parents to re-pay money
provided by sponsors is morally reprehensible.
Further, CCF seeks to convince these parents – many of whom can neither
read nor write – that they have, in signing the contract, relinquished their
right, if they are unhappy about the arrangement they have entered into with
CCF, to seek redress in a Cambodian court of law.
Is it possible for any person, any organization, to induce someone to
sign away their legal and constitutional rights in this way?
In addition to intimidating
parents into believing they have signed away their right to have their dispute
with CCF settled in a court of law, the parents are not allowed to retain copies
of the contracts they have signed. Consequently, they are not able to seek
independent advice regarding the wisdom of signing such the contract.
If the
contract the Cambodian Children’s Fund forces parents to sign is illegal (and
the legal advice I have is that it is), the NGO is in breach of Cambodia’s:
Law
on Suppression of Human Trafficking and Sexual Exploitation
Article
8:Definition of Unlawful Removal
The
act of unlawful removal removal in this act shall mean to:
Remove
a person from his/her current place of residence to a place under the actor’s
or a third persons control by means of force, threat, deception, abuse of
power, or enticement, or
Without
legal authority or any other legal justification to do so to take a minor
person under general custody or curatoship or legal custody away from the legal
custody of the parents, care taker or guardian.
Article
9: Unlawful removal, inter alia, of Minor
A
person who unlawfully removes a minor or a person under general custody or
curatorship or legal custody shall be punished with imprisonment for 2 to 5
years.
I would
strongly recommend that the Ministry
of Social Affairs Veteran and Youth Rehabilitation insists that the Cambodian
Children’s Fund and all other NGOs entering
into contracts with impoverished families provide your Ministry with copies of
these contracts. And I believe, in the interests of transparency and
accountability, that all parents should be provided with copies of such
contracts and be encouraged to seek independent advice regarding their legal
status; regarding whether or not the contracts are in breach of their legal,
human and constitutional rights.
It would
take only a few days for all registered NGOs to provide your Ministry with
copies of such contracts. And it would take only a few days to determined whether
or not these contracts are legal under Cambodian law. I believe that NGOs that
have coerced parents into signing illegal contracts should be charged
accordingly and their offences referred to courts to be dealt with by the
Cambodian legal system.
I suspect
that at least 30% of the ‘contracts’ NGOs have entered into with the parents of
children in their care have no legal standing. If so, a reduction of 30% in the
population of children with families living in orphanages could be achieved in
a matter of weeks. Fines levied against NGOs guilty of forcing parents to sign
illegal contracts could be used to pay for the appropriate integration of these
non-orphan children back into their families and communities.
yours
sincerely
James
Ricketson