Friday, February 22, 2013

November 2008 correspondence with Citipointe church


Given that Pastor Brian Mulheran, on behalf of Citipointe church, has been given the job of rewriting the history of how it is that Rosa and Chita came to be in the care of Citipointe church, some unexpurgated history is in order - especially given that Pastor Mulheran's threats to have me 'forcibly removed' are based on the demonstrably false premise that these girls were victims of Human Trafficking. You will note, dear Reader, how Citipointe uses Chab Dai and LICADHO to provide justification for its restricting Chanti's access to her own daughters to 24 hours per annum - a clear human rights abuse:

20th Nov 2008

Dear Members of Citipointe Church

I trust that readers of this email have the capacity to think independently and a desire to  know the truth about activities being conducted by Citipointe Church.

Below is an edited version of correspondence I have had with members of your church regarding Citipointe’s SHE program in Cambodia. The email exchange has  not been edited in such a way as to alter the meaning of what has occurred – only to spare you the need to read repetitions of points already made. If the powers that be at Citipointe tell you that my edited emails misrepresent Citipointe in any way, ask to see my original emails and Citipointe’s emails to me.

I do not want or expect you to believe anything I say. I wish you merely to acquaint yourselves with the facts and make up your own minds as to whether or not my assertion that Citipointe Church is engaged in the ‘stealing’ of the children of impoverished Cambodian parents is worthy of consideration or not.

An important point to bear in mind as you read this is that Citipointe has, on many occasions now (in emails to me, telephone conversations and in conversations with other Cambodian NGOs, insisted that it has entered into a contract with the young mother to whom the bulk of this correspondence refers. It was not until two days ago that I was able to obtain a copy of this ‘contract’ and have it translated. You will note that it has not been signed by Citipointe Church or by any representative of Citipointe’s SHE program in Phnom Penh. Even by the rather shoddy standards of Cambodian law this document is worthless. Moreover, the signatories to it, Chanti and her mother, neither read nor write Khmer (the language in which the ‘contract’ was written) and believed that they were entering into a contract with one of Cambodia’s leading human rights organizations – LICADHO.

KINGDOM OF CAMBODIA
Nation Religion King

name: YEM CHANTHY, age 21, and name: CHAB VANNA, age 52, job: morning glory seller, address: along the riverfront street, Central market.

TO

Director of CT Point International Rescue and Care Organization

Objective: request for my child or grandchild, name: CHANTHY ROZA, sex: female, age: 6 and name: CHANTHY CHEATA, sex: female, age:3 to stay in the center of CT Point International Rescue and Care Organization.

As mentioned in the objective, we, both are mother and grandmother of the above two children, would like to inform the Director that: nowadays, we have no house, living along the street and have no job and cannot provide enough food for feeding the two children. Moreover, we would like the two children to have safe shelter and get enough food, as well as education.

As mentioned, please the Director permits our two children to live in the care center by favor.

Please the Director receives the great respect from us.

Phnom Penh, Date: July 31, 2008

Mother's thumbprint                           Grandmother's thumbprint

With foreknowledge of the contents of this ‘contract’ please read the following carefully and ask of your Church whatever questions you feel to be appropriate. If those who occupy the senior positions of Citipointe Church do not, cannot or refuse to answer your questions I trust that you will begin to wonder what else there may be about Citipointe that is not quite as it appears to be – and certainly not as it is presented on the Citipointe website.

Other information that may be of value as you begin to read this is that I have known the mother (Chanti) and her mother (Vanna) for fourteen years and the young girls in question (Rosa and Srey Mal – also known as Cheata) pretty much all of their lives.

If any reader of this would like to know more, please feel free to ask any question you like. You are now part of an open forum relating to Citipointe’s activities in Cambodia and your feedback is welcome.

best wishes

James Ricketson

23rd. October 2008

Dear Bec (Rebecca Brewer)

Now that SHE (Citipointe) does, it seems, have legal custody of Rosa and Srey Mal I imagine that there must be some protocols regarding taking them out for a day with Chanti and her baby. It is something of a tradition that I take Chanti and the kids to the water park, roller-skating and or to the fun fair during the Water Festival and would like to do so again this year.

cheers

James

24th. October 2008

Hello James,

Regarding taking Rosa and Cheata  out for a day with their mother, unfortunately we are unable to accommodate this request. Our policies require that the children in our care remain in the custody of our staff members at all times. I’m sure you understand the need for us to maintain strict guidelines and policies to ensure the safety of all of the children in our care.

Regarding continued support to Chanti, we are unable to assist with distributing this sort of aid. Our focus is to assist the children in our care as needed and the work we do with the parents is limited. If we were to be seen giving handouts to one individual parent it could prove very disruptive to the rest of the community.

Kind regards,

Bec Brewer

Project Supervisor

Citipointe International Care and Aid

Cambodia

Dear Rebecca

I have been associated with Chanti as a friend, and as someone she calls Papa, for 14 years now. I have known Rosa and Srey Mal since they were born. They too call me Papa. (Mind you, Chanti’s mother, Vanna, also calls me Papa!) I have spent a lot of time with this small family, have done all I can to help support them, have rented them apartments, bought them clothes and food, sent Rosa to school and established what I consider to be an ongoing relationship with the family.

The tenor of your email suggests to me that Citipointe now considers that it has the right to deny Rosa and Srey Mal access to a significant person in their young lives – namely myself; that Citipointe believes it has the right to terminate my relationship with these two girls.

Perhaps I have misinterpreted you here! I would certainly appreciate some clarification regarding what access I can now have to Rosa and Srey Mal and they to me? And what access does Chanti have?

best wishes, James

Dear Bec

It is now six days since I sent the email below to you - ample time for you to get back to me, if you had chosen to do so, and say, “James. You misunderstand! Of course we wish you to continue to have a relationship with Rosa and Srey Mal.”

By what right, by what authority, under  Cambodian law, under God’s law, does Citipointe take it upon itself to separate these girls from their family, friends and community? To deny me access to them? To deny Rosa and Srey Mal access to someone who has been significant to them in their short lives?

Citipointe has three times referred to LICADHO as one of the bodies that defines the “safe environment” into which Rosa and Srey Mal now live. (“Rosa and Chita stay with us until they are 18 or until she can provide a safe environment for them, as defined by LICADHO and the Ministry of Social Affairs.” – to quote an 11th. August email) Could you please provide me with the LICADHO definition of  the “safe environment” you are acting in accordance with and how this is being implemented in practice by Citipointe? Does the LICADHO “definition” make any mention at all of severing contact between children and the significant people in their lives – whether they be family, friends or myself?

Could you please also provide me with the Ministry of Social Affairs definition of a “safe environment” that has been referred to in emails to me?

I ask again for Citipointe to explain to me, in terms of the LICADHO and Department of Social Security definitions, what access I may have to Rosa and Srey Mal and under what conditions? And I repeat my request that I be able, as I do every year, to take Chanti and her kids (and mother) to the fun fair, the water park or roller skating during the water festival in a couple of weeks time.

I have no desire whatsoever to interfere with the work that Citipointe is undoubtedly doing with the best of intentions to help kids such as Rosa and Srey Mal in need of help. However, Citipointe must, like all NGOs be accountable for its actions and transparent in its modus operandi. It would certainly seem, unless I have misinterpreted your email and drawn the wrong conclusions from Citipointe’s lack of response to my Oct 24th.email, that Citipointe has taken complete and total control of Rosa and Srey Mal.

I am looking forward to an email in which you inform me that I have leapt, much to quickly, to the wrong conclusions.

best wishes

James


Email from Pastor Brian Mulheran

Dear James,
Thank you for your patience concerning our response to you about Chanti and yourself having an access visit with Rosa and Srey Mal. I apologize for the initial denial of this request as it has always been the case that the girls are permitted to have supervised access visits with their mother.
Always our first priority, as you could imagine, is the safety of those in our care and we are required to ensure the protection of the girls both legally and morally under Cambodian Law, our agreement with Licadho and our relationship within the Chad Dai Coalition.
I have attached a copy of the Chab Dai Coalition - Child Protection Policy for Visitors for your information and also your commitment to uphold which I am sure you have no problem with at all.
My proposal for the visit is as follows:
2.      You are willing to sign and abide by the Chab Dai Coalition - Child Protection Policy
4.      The Access visit will require the accompanying of two of the SHE Rescue Home Team members
5.      Any costs incurred (for example access to a theme parks etc) for the accompanying of the two Team members on the visit will be met by yourself, and…
We trust that this will be satisfactory to yourself.
Yours sincerely,
Brian Mulheran
Executive Pastor, Citipointe Church

This email resulted in three telephone conversations – two with Rebecca Brewer and one with Brian Mulheran. Both telephone conversations were recorded so that there could be no misunderstanding later on, as to what had been said. In my conversation with Rebecca she informed me that Chanti’s supervised visiting rights to her children had been reduced from two hours every two weeks to two hours per month. The reason given for this was that Chanti had ‘kidnapped’ her daughter and kept her for six days. When Citipointe finally gained possession of Rosa (aged six) again, LICADHO (Rebecca told me) insisted that Chanti’s visitation rights be reduced to once a month. At this point it is clear that Chanti is allowed only 24 hours per year to spend with her children.

Dear Brian and Rebecca

Citipointe’s relationship with LICADHO remains unclear to me however and I would appreciate it if you could clarify for me just what role LICADHO plays in the formulation of Citipointe’s policy in relation to caring for Rosa and Srey Mal and other girls that Citipointe is ‘fostering’.

I use the word ‘fostering’ very deliberately. Rosa and Srey Mal are not orphans. Their mother and grandmother live just a few streets away from Citipointe’s SHE residences. Nor are either Rosa or Srey Mal victims of people trafficking or child prostitution. And nor have Rosa and Srey Mal been rescued from a dangerous domestic environment. Rosa’s and Srey Mal’s problems, along with those of their mother Chanti and grandmother Vanna, can be attributed, for the most part, to poverty.  The same applies, of course, to large numbers of kids living in poverty in Phnom Penh and elsewhere in Cambodia.

Citipointe has adopted a role in the lives of these girls which is not dissimilar to the role played by foster-parents worldwide and it has done so, it seems to me, for one very good reason – to give Rosa and Srey Mal opportunities in life, through education and proper nourishment, that all too many kids in Cambodia are denied. It is the lack of these opportunities and the poverty that accompanies this lack that leaves poor children in Cambodia vulnerable to exploitation.

 Having adopted the role of foster parents (or ‘foster carers’ if you’d prefer) it is, I believe, important for Citipointe to bear in mind the legislation relating to fostering as it pertains to Queensland – the state in Australia in which Citipointe church is based.

I would like to draw your attention to some pertinent sections of this legislation:

• In deciding in whose care the child should be placed, the Chief Executive
must give proper consideration to placing the child, as a first option, with
kin.
• If a child is removed from the child’s family, it is the aim of authorised
officers working with the child and the child’s family to safely return the child
to the family if possible. (Child Protection Act Part 2, 5 (2f i))

• The child’s need to maintain family and social contacts and their ethnic
and cultural identity must be taken into account and respected by all
parties to this Statement of Commitment. (Child Protection Act Part 2,
5 (2f ii))
• In exercising the powers under the Child Protection Act the Chief Executive
will ensure that:
(i) actions taken, while in the best interests of the child, maintain family
relationships and are supportive of individual rights and ethnic,
religious and cultural identity or values
(ii) the views of the child and the child’s family are considered
(iii) the child and the child’s parents have the opportunity to take part in
making decisions affecting their lives.
(Child Protection Act Part 2, 5 (2d))

Does Citipointe recognize, as it would be legally obliged to in Queensland, that Rosa and Srey Mal have a right to maintain family relationships? If so, why were Rosa’s and Srey Mal’s mother and grandmother allowed only 2 hours of supervised visit with the girls every two weeks at the outset and only one supervised visit per month now?  
Is Citipointe supportive of the “ethnic, religious and cultural identity or values” of Rosa and Srey Mal? If not, why not? If Citpointe is  supportive of the “ethnic, religious and cultural identity or values” of Rosa and Srey in what way is this support manifested? The Water Festival is a significant Cambodian event. It is a time when families converge on Phnom Penh to celebrate, engage in festivities and forge the sense of community which is so fundamental to Cambodian culture. It is a time when Chanti and her children should be together - unless, that is, there is strong evidence that their being together would pose a threat to the well being of Rosa and Srey Mal. I have known these girls since they were born and have never, not once, seen evidence of neglect by Chanti or Vanna - other, that is, than the kind of 'neglect' that all street kids in Phnom Penh suffer from.

It seems to me, from having visited your website and absorbed its contents, that as far as religion is concerned Citipointe intends to transform Rosa and Srey Mal, brought up as Buddhists in a Buddhist culture, into Christians in the Citipointe mold. If I am correct in this assumption (and please correct me if I am wrong) what moral right does Citipointe have to forcibly convert these two young girls to another religion – especially since such a course of action would be against the law in Australia?  

Leaving aside questions of legality, the forcible conversion of Rosa and Srey Mal reveals a contempt for Buddhism as a religion and a declaration of the superiority of Christianity.

When I met with Leigh Ramsay, Rebecca Brewer and Helen Shields in June this year I was told that Chanti would have free and regular access to her children whilst in Citipointe’s care. I was told that one day a week they would be able to visit their mother at her home. After my meeting with Leigh, Rebecca and Helen, Chanti asked me whether I thought it was a good idea for Rosa and Srey Mal to be (to use the appropriate western terminology) fostered by Citipointe. I did not at the time share my reservations with Chanti about Citipointe’s religious agenda. I figured that all things considered indoctrination into Citipointe’s particular brand of Christianity was a small price to be paid if the girls were to be well fed, receive a decent education and be protected from the various perils that lie in wait for millions of extremely poor Cambodia children – especially those living in cities where the danger of sexual and other forms of exploitation are very high.

Not until some time later did I learn that Citipointe had changed the nature of its relationship with Chanti by getting her to sign a contract which, amongst other things, allows her only two hours of supervised access with her children every two weeks and, more recently, only once a month. When I asked Brian in Brisbane why this change had taken place he insisted that Citipointe is obliged to abide by its membership with Chab Dai and its contractual relationship with LICADHO to restrict Chanti’s and Vanna’s access to Rosa and Srey Mal to two hours of supervised visit every two week - and now to two hours every month. This, of course, is no answer at all. It merely shifts the question of causation from Citipointe to Chab Dai and LICADHO. What right do either of these NGOs have to be enforcing or encouraging a fostering relationship between Citipointe and Rosa and Srey Mal which would be illegal in Australia? A fostering relationship that carries the very real risk of alienating Rosa and Srey Mal from their mother and grandmother and perhaps also the culture they were born into?

In relation to LICADHO if there is any possibility that I have drawn the wrong conclusion from emails sent to me by Helen Shields and from words spoken to me by both Brian and Rebecca on the phone in relation to LICADHO, please clarify for me just what role, if any, LICADHO plays in the formulation of Citipointe fostering policy as manifested in its running of the SHE programme. If indeed LICADHO has induced Chanti to sign a contract with it, a few questions arise. Given that Chanti neither reads nor writes Khmer, was there an interpreter with her when she signed the document? Did she fully understand what she was signing? Did she willingly agree to the draconian conditions placed on her by the contract in terms of visitation rights? Given Chianti’s poverty, her powerlessness and her desire to give her kids opportunities in life that she has never had, did she feel that she had any right at all to question the document placed before her and requiring her thumb print?

In relation to Chab Dai the document you sent to me makes this consortium of Christian NGOs’ policy quite clear. However, what right does Chab Dai have (either legally or morally) to dictate the terms under which children can relate to their families, friends and communities? Given that Chab Dai has money and the families of children in NGO care, by definition, do not, these families are clearly not in a position to negotiate or even ask questions or raise doubts. I am, however. I have a long term relationship with Rosa and Srey Mal and do not recognize Chab Dai's right to dictate on what terms I can continue my relationship with these girls - unless, that is, Chab Dai can demonstrate that I am, in some way, a danger to them.

 Could you please provide me with the LICADHO definition of  the “safe environment” you are acting in accordance with and how this is being implemented in practice by Citipointe? Does the LICADHO “definition” make any mention at all of severing contact between children and the significant people in their lives – whether they be family, friends or myself?

Could you please also provide me with the Ministry of Social Affairs definition of a “safe environment” that has been referred to in emails to me?

Rosa and Srey Mal have been fostered to SHE – described on the SHE website as “a secure haven for trafficked girls or girls at risk of being trafficked who have been rescued from the sex industry”. However, neither Rosa nor Srey Mal has been trafficked. Since taking the girls into your care you have added a disclaimer on your website which reads:

“Each child’s story is very individual and we work with girls that are at risk in prevention as well as girls that have been rescued from trafficking.”

However, the wording of this disclaimer is such that pretty well any poor boy or girl in Cambodia (numbering in the hundreds of thousands if not millions) could be taken in by Citipointe on the grounds that their poverty, their parents inability to feed them adequately, make them eligible for SHE care and hence eligible to be alienated from their families, their villages, their communities and their cultures by Citipointe’s declared objective of providing “a safe, God-centered place to live”.

As you will be aware, Australia has, over the past few years, undergone a good deal of soul searching in relation to “The Stolen Generation” – those Aboriginal children who were removed from their families by various government agencies and often placed in the care of well-meaning Christians. Australia’s Prime Minister, Kevin Rudd has, this year, made a formal apology on behalf of all Australians to “the Stolen Generation”.

On the basis of all the evidence at my disposal it appears to me that Citipointe, undoubtedly with the best of intentions, may be in the process of ‘stealing’ Chanti’s children - in the sense that Aboriginal children were 'stolen'. If I am wrong in this assumption (and I certainly hope that I am) please explain to me where the logic that informs this email fails. If I am wrong then, amongst other things, I will be able to take Chanti, Vanna, Rosa, Srey Mal and Chanti’s new baby to the fun fair, roller skating, to the water park, to the markets to shop and eat – as I have done this past 14 years (in the case of Chanti) and for the past three years – in the case of Rosa and Srey Mal. I do not need or want my time spent with this little family to be monitored or supervised by Citipointe. If Citipointe has any reason to believe that I pose a threat to these girls please come straight out and say so and indicate on what grounds you believe Rosa and Srey Mal need to be protected from me.

I do not acknowledge either Citipointe’s or Chab Dai’s moral right to interfere with my 14 year relationship with Chanti’s family and will not be signing any contract of the kind that you have sent me. If indeed it is true that Citipointe’s policy in relation to the fostering of Rosa and Srey Mal has been forced on it by LICADHO this raises another whole host of questions.

Citipointe must, like all NGOs be accountable for its actions and transparent in its modus operandi. It would certainly seem, unless I have misinterpreted my communications with Citipointe and the information available on the Citipointe website, that Citipointe has taken complete and total control of the lives of Rosa and Srey Mal with the intention of marginalizing the role of their mother and grandmother in their lives. This would be illegal in Australia. Further, given that Rosa and Srey Mal have not been ‘rescued’ but have been recruited down by the river with promises made to their mother which turned out to be false, it appears that they are being used in a dishonest way to raise money for Citipointe’s SHE programme. I wonder how many of the children in your care are actually girls who have been trafficked and how many are simply the daughters of impoverished families who may well have signed a contract with Citipointe but who were unaware of the full ramifications of what they were doing?

I am looking forward to an email in which you inform me that I have leapt, much to quickly, to the wrong conclusions in this email and for answers to the questions I have raised here.

best wishes

James

I received no response to this email so traveled to Phnom Penh, Cambodia, to visit Chanti – now living on a boat moored at the edge of the river and making a meager living selling cold drinks and snacks. Citipointe had not made contact with Chanti to arrange for her to spend any part of the Water Festival with her children.

Date: Mon, 10 Nov 2008 01:44:46 +0000

Dear Citipointe

I was delighted yesterday to be met with a happy smiling Chanti clutching $25 she had just earnt renting out the boat she has sublet and on which she, her husband, mother and baby now live. Chanti also has a small stall – selling water, beer, cigarettes, snacks and large grape fruit. Judging from what I saw yesterday her business is doing well.

Who knows where her boat renting business and small stall will lead Chanti. If she works hard she may well do well. She is certainly smart enough to do so. The question now is whether or not she has the discipline to stick with what she is doing. If, in two years time, Chanti has established herself as a modestly successful small businesswoman she may well be in a position to take care of Rosa and Srey Mal in a way that does not expose them to the dangers of the street. If this be the case it would be most unfortunate if (a) Chanti had essentially signed her kids away to Citipointe until they are 18 or (b) Citipointe has alienated Rosa and Srey Mal from their mother and grandmother through religious indoctrination and/or by allowing mother, grandmother and children only 2 hours of supervised access to each other each month. Such a visitation schedule amounts to 24 hours of supervised access each year or one full day per annum. This is, in my estimation, an abrogation of the human rights of Chanti, Vanna, Rosa and Srey Mal. I will go further. I believe it to be a form of child abuse. Citipointe could not get away with such a visitation regime in Australia and, leaving the legal question aside, should not even consider such a regime for moral reasons.

Rosa and Srey Mal are Chanti’s children. They do not belong to Citipointe. Citipointe is merely providing what will hopefully be only an interim solution to the family’s problems. Foremost in Citipointe’s thinking should be, “How can we best serve this little family such that they can all live together again in the not too distant future?” What is the logic that informs Citipointe’s insistence that mother, grandmother and children should get to see each other only once a month? And what is the purpose of these visits being supervised? Attributing this policy to LICADHO or Chab Dai is not an answer to the question. I want to know why Citipointe has put in place such policies?s

Yesterday, along with thousands of others, I stood at the side of the road and watched a procession of floats pass the Royal Palace – the first of a series of events which are of great cultural significance to Cambodians in the lead up to the Water Festival. Over the past few years I have done so with Rosa, Srey Mal, Chanti and Vanna at my side. I trust that during the Water Festival itself Chanti, Rosa, Srey Mal, Vanna and I will be able to enjoy the festive atmosphere together – without the presence of Citipointe staff. If this means abrogating Citipointe’s agreement with Chab Dai, so be it. Chab Dai has no right to be dictating to fellow NGOs how they should behave – especially if this involves forcing Citipointe to abrogate the agreement it entered into with Chanti before she agreed to allow Citipointe to foster her children.

best wishes

James Ricketson

On the day of my arrival n Phnom Penh Chanti’s husband called Citipointe to request that Rosa and Srey Mal be allowed to spend time with their family during the festival. His request was ignored.

...to be continued...

Response to Brian Mulheran's 21st Feb 2013 letter # 1



In addition to threatening to have me ‘forcibly removed’, (the forcible removal of Cambodians from their homes and land being a regular occurrence in Cambodia) Pastor Brian Mulheran writes in his 21st Feb letter:

“Using the law is the last thing that we want to see happen, because for you to be convicted of a crime and serve a sentence may mean that you will never have the opportunity to re-enter Cambodia again.”

This is without a doubt the most extreme instance of intimidation I have ever experienced in my life.

Dear Brian

In relation to your letter to me of 21st. Feb.

To make it easier for readers of my blog I have included here, in this first installment, all that you write – with my own responses indented and italicized. Given the sheer length of your letter I imagine that it will take me three or so installments to respond to all of your letter.

21st. Feb

Dear James

I write on behalf of Citipointe church in an attempt to resolve the impasse that exists between us.

While we believe that you do have the family’s and the girl’s best interests at heart for their reintegration you bias and self-interest towards finishing your film has continued to cloud your judgment.

Yes, I have the best interests of Chanti’s family at heart in terms of reintegration. I have had for the past close to five years, as is evidenced in all of my correspondence with Citipointe church. I have put my money where my mouth is. Citipointe has not. Citipointe is all talk, no action, when it comes to reintegration.

No, my judgment is not clouded by my desire to finish my film. After 18 years of filming, with no completed film in sight, you will appreciate that I am a relatively patient person. I am in no hurry to finish CHANTI’S WORLD. More importantly, the fate of Chanti’s family is more important to me than the fate of my film.

This letter is divided into the following sections:
(i) Background and requests,
(ii) Cambodian laws relating to issues,
(iii) Our heart and duty of care for the girls, and our relationship with the Kingdom of Cambodia government.
(iv)Clarifying the status of the girls for being in the home (This is confidential information. For the protection of the girls this information must not be disclosed in relation to their identities to anyone outside the girls’ family in accordance with Cambodia law. This information is only being shared with you as the girl’s mother has authorized you to receive such information.
(v) Concluding remarks.

(i)             Background and Requests
Our contention began late in 2008 when you refused to sign our visitor child protection policy as a member of the Chab Dai coalition. Two of the Behavioral Protocols being:

-       It will not be permissible for visitors to take photographs or video footage of children, youth or project locations without prior authorization from the Chab Dai Director or Steering Committee; in which case strict regulations will be implemented on the nature of how photographs are taken and used. * This is in accordance with Cambodia Trafficking Law 2007 (article 49); and MoSVYs Minimum Standards on Residential Care (Article 9)
-       Chab Dai visitors shall not disclose any information ((names of children, names of staff) events, locations, stories of specific victims, etc.) relating to children, youth or member organizations that are considered confidential and/or internal to to any outside party. This includes verbal disclosure, distributing internal documents, sharing project locations and posting information on the internet. *This is in accordance with Cambodia Trafficking Law 2007 (Article 49); and MoSVY’s Minimum Standards on Residential Care (Article 9)

I direct you to your response “in part” on Saturday, 8th Nov 2008 11.12 am:

“In relation to Chab Dai the document you sent me makes this consortium of Christian NGO’s policy quite clear, though it raises a whole host of questions – most of which I will not explore here. One, however, is necessary: What right does Chab Dai (either legally or morally) to dictate the terms under which children can relate to their families, friends and communities? Given that Chab Dai has money and the families of children in NGO’s care, by definition, do not, these families are clearly not in a position to negotiate or even ask questions or raise doubts. I am, however. I have a long term relationship with ---- and ----and I do not recognize Chab Dai’s right to dictate on what terms I can continue my relationship with the girls unless, that is, Chab Dai can demonstrate that I am, in some way, a danger to them. (The blank underlined section is our editing to conceal identities of the girls.)

I have little further to add to the comments of mine that you have quoted in relation to Chab Dai other than the following:

You have removed my comments from their context and changed their meaning. I will, in the next day or so, publish online the bulk of the correspondence between myself and Citipointe from Nov 2008 such that readers of my blog can understand the context in which I made the above statement.

Rosa and Chita have never been victims of human trafficking and any pretense on the part of Citipointe church that they are is just that – a pretense. Given that you so often refer to the law of the land, please read and digest the contents of another part of:

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:

1)    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
2)    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.

******

For fifteen months Citipointe did NOT have legal custody of Rosa and Chita. Fir fifteen months Citipointe church was in breach of Cambodia’s Law on Suppression of Human Trafficking and Sexual Exploitation

Your response and your formal refusal to comply with the policy to refrain from filming the girls was the cause of restricting access visits to the family when you were accompanying them.

The restrictions placed on visits of Rosa and Chita to their family occurred right from the outset and have continued whether I am in Phnom Penh or not. As a rule I am in Cambodia for between three and four weeks per annum only. Chanti has virtually no access to her own children now – just a few hours a month of supervised visits. Trying now, close to five years down the track, to blame me for the fact that Citipointe allows so few visits between Chanti and her daughters, is just nonsense – particularly given the relatively short period of time I spend in Phnom Penh each year. One question that will arise for viewers of CHANTI’S WORLD is: Why does this supposedly Christian organization so severely restrict a mothers access to her own children and the children to their mother?

When you mentioned, “What right does Chab Dai (either legally or morally) to dictate the terms under which children can relate to their families, friends and communities?” This was self-evident as the laws are included with the statements. We were bound by Cambodian law not to permit you to contravene these laws – filming or photographing any of the girls in our care.

I repeat: Rosa and Chita are not and never have been victims of human trafficking and Citipointe’s presentation of them as victims is disingenuous to say the least.

The refusal not to film the girls resulted in cancelling visits when you were in Cambodia, this caused significant distress upon the family and the girls in not being able to see each other. On numerous occasions we were weeks away from reintegration and your visit to them and the country resulted in the process having to slow down and has hindered it from moving forward.

In what way has my presence in the country slow down integration? On which occasions this past close to five yours was Citipointe just weeks away from reintegration? On these occasions that Citipointe was just weeks away from reintegration, on what basis was the reintegration going to occur? You write elsewhere in your letter of 21st. Feb that one of the conditions of the Ministry for reintegration to occur is that the family must be able to sustain itself without outside help. Which occasions are you referring to between 2008 and 2013 when these conditions prevailed? When, this past five years has the family been able to sustain itself without outside help? To blame me for the distress Citipointe has caused in doing nothing to facilitate reintegration over a period of close to five years is hypocrisy of the worst kind.

By continually communicating your opinion of us to Chanti on every visit caused her confusion and distress and disbelief in our genuine desire to reintegrate her girls in a timely fashion. You must personally take responsibility for the distress you imposed upon the family and the girls.

Brian, you have got it the wrong way around. On my every visit to Phnom Penh this past close to five years it is Chanti who has expressed her distress to me – often with tears in her eyes – at having Citipointe, yet again, renege on a promise it has made to her.  Just today Chanti told me that Citipointe had told her that Rosa and Chita would be coming home in a month. In a month’s time the church will, yet again, renege on its promise and Chanti will be heartbroken again.  And in the Alice in Wonderland that Citipointe church inhabits you will, no doubt, try to make it seem that I am responsible for her distress. Your reference to reintegrating Rosa and Chita in a ‘timely fashion’ is just nonsense. They have now spent half of their lives living in an institution and during this time Citipointe has done nothing (not one thing) to set in motion the process of reintegration. Citipointe has provided no assistance at all to the rest of the family – not even when, as was the case two weeks ago, Chanti’s high fever threatened the life of her soon to be born baby.

By continuing to film the girls with the intent of revealing their identity, their stories, the location of the Home, the staff and the organization you were/are contravening Cambodian Law. We cannot understand why you are unable to see this and continue to defy this law.

The Cambodian Law applies to girls who are victims of Human Trafficking. Rosa and Chita are not victims of Human Trafficking or of any other form of sexual abuse. They are the daughters of a poor family only – a family that sought temporary assistance from Citipointe and then had its two eldest daughters stolen from it. And for the record, I have never filmed in or around Citipointe’s She Rescue Home and your various references to this are clearly designed, as is much you write, to throw up a smokescreen: throw as much mud as possible at me and see how much sticks! Do point out to me, Brian, any one occasion when I have revealed the names of She Rescue Home staff or the location of the Home?

We have no problem whatsoever with the concept of a documentary film being made for the sole purpose of highlighting the atrocities of Child Trafficking in Cambodia, however, to explicitly reveal the identities and stories of child victims is not only against Cambodian law but a moral breach of their individual rights.

Why should my documentary or any other documentary have a ‘sole purpose’? And what make you think that Citipointe or any other NGO has the right to decide what the sole purpose of a documentary should be? This is not the way documentaries work. My documentary is entitled CHANTI’S WORLD because it is about the world she lives within and is a part of. It has been so since I started filming with her and her family in 1995 – 13 years before Citipointe appeared on the scene and decided that the church now owned Rosa and Chita. My record of Chanti’s life is the kind of thing documentary filmmakers do, Brian, and I can assure you most of us do it for love and not for money. To date CHANTI’S WORLD has been financed primarily with my earnings as a taxi driver. And the small amounts of money I have been able to give to the family to help out with food etc. has come from my taxi driving.

This is sufficient for the time being. There is a long way to go but I have other things to do whilst in Phnom Penh other than respond to your letter.

…to be continued…