CAMBODIA: Children's Rights in the UN Special Procedures' Reports

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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports on the website here: http://www.crin.org/resources/index.asp.

Please note that the language may have been edited in places for the purpose of clarity.

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Special Rapporteur on the situation of human rights in Cambodia, Surya P. Subedi

(A/HRC/27/70)

Country visits: January and June 2014
Report published: 15 August 2014

I. Introduction:

In January 2014, the Special Rapporteur met with Prime Minister Hun Sen, in the presence of many other senior ministers. He also interacted with other stakeholders in Cambodia, including [...] groups of youths and students [...]. (para 4)

II. Universal periodic review of Cambodia - The independence of national human rights institutions:

The approach of the Government has been to establish governmental rather than independent bodies. The overarching institution is the Cambodia Human Rights Committee, which reports to the Council of Ministers. Other bodies that are focused on specific groups of persons have also been established, such as the [...] Cambodian National Council for Children [...]. (para 69)

 

Special Rapporteur on the situation of human rights in Cambodia, Surya P. Subedi

(A/HRC/24/36)

Country visits: 15 to 24 February; 30 May to 4 June 2011
Report published: 5 August 2013

III. Follow-up to recommendations on the judiciary:

Legal aid is mainly provided through NGOs supported by international donors. However, funding has been significantly reduced in recent years. In addition, most donor funding is earmarked for specific types of cases such as [...] juvenile cases, etc. There is little funding available for general legal aid work. In several provinces of Cambodia, there is not a single legal aid lawyer, which raises serious problems in terms of access to justice. Under the Code of Criminal Procedure, legal representation is compulsory in [...] juvenile cases, which means that if there is no lawyer available, the case cannot proceed. (para 25)

VI. Follow-up to recommendations on economic and other land concessions:

As with the previous reporting period, activists (mostly women) associated with the Boeung Kak Lake and Borei Keila communities continued to be on the front line of regular protests, with a number of excluded families’ cases still unresolved by the Municipality of Phnom Penh and Shukaku Inc. and the Phan Imex Company, respectively. (para 50)

Those already evicted and relocated reportedly suffer poor living conditions (including low standards of housing and unsafe water and sanitation conditions) and scant opportunities for employment, coupled with limited access to health and education services. Resettlement sites have continued to be poorly planned and developed before evictions, and promises by the companies involved and municipal governments have many times not materialized. For example, the Phnom Bath relocation site, housing over 100 families from Borei Keila, including those forcibly evicted in January 2012, has developed in part with the assistance of donors, but assistance from the Phan Imex Company and the Municipality of Phnom Penh has been minimal. (para 51)

 

Special Rapporteur on the situation of human rights in Cambodia, Surya P. Subedi

(A/HRC/18/46)

Country visits: 15 to 24 February; 30 May to 4 June 2011
Report published: 2 August 2011

III. Recent developments in human rights - A. Land and housing rights:

At least 3,000 to 4,000 families living in the Boeung Kok Lake area have been evicted or face the threat of forced eviction from their homes since the Government granted a 99-year lease to Shukaku, Inc. for development of the land. Intimidation and threats were used against villagers to coerce them into accepting inadequate compensation or resettlement outside Phnom Penh, despite many villagers having strong claims to formal land title under articles 30 and 31 of the 2001 Land Law. The security forces have also used intimidation and violence against protesters. Since August 2008, Shukaku began filling the lake with sand and many families have moved from the site, accepting an inadequate package of compensation in the face of the threat of an eventual forced eviction. However, it is estimated that 1,500 families still remain under threat of forced eviction. (para 10)

 

UN Special Rapporteur on the situation of human rights in Cambodia, Surya P. Subedi

(A/HRC/15/46)

Country visits: 17-30 January and 8-18 June 2010
Report published: 16 September 2010

Legal system: The country should provide for special protection for people belonging to special groups, such as a separate juvenile justice system and should have provision for a family court. (para 86)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Surya Subedi

(A/HRC/12/40)

Country visits: First visit: 16 to 26 June 2009
Report published: 31 August 2009

IV. Initial Observations Based on the First Mission - A. Major achievements made by Cambodia:

I was (...) pleased to see that noteworthy achievements had been made by the Royal Government in combating trafficking in human beings, especially women and children, for purposes of sexual exploitation by prosecuting offenders of the law against trafficking. (para 13)

 

UN Special Representative of the Secretary-General for Human Rights in Cambodia, Yash Ghai

(A/HRC/7/42)

Country visit: 1-10 December 2007
Report published: 29 February 2008

Justice system: The previous law permitted pretrial detention for up to four months, and two additional months by reasoned decision of the judge. The new PPC permits the four-month pretrial
detention in misdemeanour cases to be extended, two months at a time (up to half the minimum sentence) (art. 209). The 6-month limit for felonies can now be extended up to 18 months, six months at a time (art. 208). Given the unprincipled ways in which many prosecutors and courts use their powers, these extensions are retrograde. (para 21)

The actual use of the PPC provisions, and previous rules, in connection with detention of unconvicted persons gives rise to great concern. Though article 203 suggests that detention should be exceptional, in practice almost all accused persons, including most juveniles, are detained pending trial, even for minor offences, and often for periods greatly exceeding the statutory time limits. Many do not see a lawyer during their incarceration. (para 39)

Land appropriation: The Special Representative referred extensively to the grave situation concerning land rights and conflict, in particular forcible and illegal evictions (paras 62-67)

Kong Yu village is in O'Yadao District of Rattanakiri Province, and is inhabited by indigenous Jarai people. The villagers told the Special Representative, as they have others, that they had reluctantly agreed to part with 50 hectares of their traditional land for "disabled soldiers". They were later asked for their thumbprints: firstly, when they were inebriated, on blank papers, and subsequently, in the presence of local chiefs, on documents in Khmer, which they do not understand. They received sums of money that they believed to be compensation for the 50 hectares conceded. Then land started to be cleared for a rubber plantation and the villagers were told they had sold 500 hectares to a company, in which a majority shareholder is Keat Kolney, sister of the Minister for Finance and the wife of a senior public servant. They complained to the commune chief, and the next day the district police and gendarmerie threatened villagers with prosecution and imprisonment. Villagers reported that they have lost access to vegetation they used to collect from the forest, have insufficient land for future use, and are unable to leave their cattle free to roam, in case they wander onto the rubber plantation and are confiscated. Children are kept home from school in order to take care of the cattle. (para 65)

The SRSG on the situation of human rights in Cambodia has conducted a further 15 previous visits to the country. To view reports from all the visits, go here: http://www2.ohchr.org/english/bodies/chr/special/countryvisitsa-e.htm

 

Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai

(A/HRC/4/36)

Country visit: 19-28 March 2006
Report published: 30 January 2007

Juvenile justice: The promulgation of the Law on Aggravating Circumstances for Felonies, promulgated in January 2002, in order to increase penalties, illustrates the failure of the institutions established under the Constitution, i.e. the Government, the National Assembly, the Senate, the Constitutional Council and the courts, to uphold rights guaranteed in the Constitution and to ensure that children receive the protections provided for in the Constitution and the Convention on the Rights of the Child. (paragraph 23)...

The Law substantially revised certain criminal law provisions. Article 8 compels judges to apply the maximum sentences to those convicted for felonies, overriding the obligation placed on judges by article 68 (1) of the UNTAC law to weigh attenuating circumstances, and to reduce sentences below the minimum punishments prescribed by law or give a suspended sentence. Article 8 also invalidated article 68 (2) of the UNTAC law, which allows for the halving of prison sentences for persons under the age of 18. (paragraph 25)

During his second mission, the Special Representative met with representatives of legal aid organisations, who drew his attention to the harsh effects that the uncompromising provisions of this law have on children, effects which are compounded by the definition of any theft involving two or more people as felony. Although most judges feel constrained to apply the law, some have continued to apply the UNTAC provisions in cases of juveniles. (paragraph 26)

The effect of the law would seem to constitute a prima facie breach of Cambodia's international obligations to consider non-custodial and minimum sentencing options for juveniles, under article 37 (b) of the Convention on the Rights of the Child. As such, it may be unconstitutional as a consequence of articles 31 and 48, which specifically guarantee the Convention. However, no attempt has been made to test the Law's constitutionality either through the courts or directly with the Constitutional Council. (paragraph 27)

The right to defend human rights and fundamental freedoms: The peace agreements guarantee the right of all Cambodian citizens to undertake activities to promote and protect human rights and fundamental freedoms. In the last 15 years, individually, and in association with others, Cambodia's citizens have worked energetically for the human rights of all Cambodians, and for the specific rights of women, children, workers, the disabled, minorities and others. (paragraph 41)

Conclusions

In his message to the children and youth of Cambodia on Human Rights Day 2005, the Special Representative expressed concern that attitudes towards human rights have become very divisive in Cambodia, that some people consider advocates of human rights as obstacles to development, and that in this argument the real meaning of human rights is getting lost. (paragraph 101)

Recommendations

− Review sentencing policies. Introduce non-custodial options as an alternative to imprisonment, first and foremost for children.

 

UN Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living, Miloon Kothari

(E/CN.4/2006/41/Add.3)

Country visit: 22 August – September 2005
Report published: 21 March 2006

"Beautification" of the city. Every year in November, during preparations for Cambodia's Water Festival, the Phnom Penh police forcibly pick up the homeless, beggars and street children and send them to the Social Affairs Center near Wat Pry Speu where they are arbitrarily detained. Such "street cleansing" happens at other significant times of the year. The Council of Ministers adopted a sub-decree in October 2005 creating a national committee for resolving vagrancy. Headed by the Ministry of Social Affairs, the Committee will have the authority to clear around 1,800 vagrants each year from the streets of Phnom Penh. Homeless people, beggars and children will become subject to arbitrary interference with their privacy, family and homes, as well as to arbitrary detention and violations of their freedom of movement. (para 61)

Rural areas: The almost complete lack of public services is a main concern in rural areas. During the
Special Rapporteur's mission, while lands alongside main rivers were entirely flooded, many rural areas distant from larger water flows were suffering the effects of unusually sparse rain. Because of the long drought, families in rural areas had been unable to cultivate the land; even rice fields were unproductive, aggravating the situation of poverty in those areas. This situation is not new and has led many families to send their children, especially young women and teenage girls, to the cities to find jobs, for example in the garment industry. (para 65)

Poverty of single female headed households: Women also testified on the apprehension caused by limited access to and ownership of housing and land. Cambodian Family Law provides for equal ownership rights of spouses. Property acquired during the marriage belongs to both husband and wife and should be divided in the case of divorce. The practice, however, is that titles are normally issued solely in the name of the husband. (para 77)

The 2001 Land Law and its new provisions on cadastre seem to have encouraged some change in this respect. A 2003 survey (Land Management and Administration Project, World Bank, 2003) indicates that 80,000 new titles have been issued since 2001 and an estimated 78 per cent of those have been issued in the names of both husband and wife. The same study points out, however, that "women, especially women-headed households, are vulnerable to having their rights ignored, partly due to a lack of knowledge of land rights and land-titling procedures". (para 78)

This data is especially disturbing considering that, in accordance with a 2001 Asian Development Bank survey, female-headed households are among the poorest in the community and, in rural areas, widows with young children and no adult workers in the family are identified as the group most vulnerable to poverty.9 The 1998 national census reported that 25.7 per cent of households in Cambodia are headed by women, with disaggregated data for rural areas indicating a slightly higher ratio of 27.2 per cent. (para 79)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Yash Ghai

(E/CN.4/2006/110)

Country visits: First visit: 28 November to 5 December 2005
Report published: 24 January 2006

VI. Creating an Environment Conducive to Legitimate Political Activity - C. Recent cases:

Mam Sonando, owner and director of a popular radio station, was arrested on 11 October, and charged with defamation and later with disinformation, in connection with a telephone interview of the Paris-based Chairman of the Cambodian Overseas Committee on Border Affairs, who criticized the Prime Minister for having “sold” Koh Trol island to Viet Nam under the treaties he signed with Viet Nam in the 1980s. On 11 October, Rong Chhun, President of the Independent Teachers’ Association, and three other trade union leaders, Men Nath, Director of the Civil Servants’ Independent Association, Chea Mony, President of the Free Trade Union of the Kingdom of Cambodia, and Ear Channa, Deputy Secretary-General of the Students Movement for Democracy, issued a statement which called on “workers, employees, students, monks, civil servants, teachers, royal families and all Cambodian people to join in the mourning for the serious danger to the territorial integrity of Cambodia”. Rong Chhun was arrested on 15 October on charges of defamation and incitement not leading to the commission of a crime. (para 56)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Peter Leuprecht

(E/CN.4/2005/116)

Country visits: Eleventh visit: 7 to 14 November 2004
Report published: 20 December 2004

II. Major Developments and Human Rights Issues of Concern - E. Fundamental freedoms:

While some provisions of the Law on Demonstrations are arguably unconstitutional since they contravene the rights to freedom of assembly and demonstration, of equal concern is that the authorities have often breached provisions of the Law or applied it in a way that breaches constitutionally protected rights. At times, the reasons that have been invoked are not those permitted under the Law, and at others there has been no objective evidence to justify the cited reason. [...] Restrictions have also been imposed arbitrarily. A procession for peace conducted by 10 monks was not authorized to proceed as a threat to public order and security, nor was a demonstration against domestic violence by victims of such violence. However, a demonstration by a pro-Government group, the Pagoda Children, Intelligentsia and Student Association, which has been linked to previous acts of violence, was authorized to proceed. (para 38)

G. Housing rights:

The Special Representative strongly disapproves of the violent forced evictions of 46 families on 9 January 2004 and of 237 families on 31 August 2004 conducted in Phnom Penh. (para 59)

During his eleventh mission, the Special Representative, with the United Nations Resident Coordinator and a representative of the Municipality of Phnom Penh, visited the former Hamacheat theatre where more than 100 families live, known as the “Hamacheat Community”. The majority has been living in the building for more than 20 years under conditions that are inhumane and unacceptable. The Special Representative hopes that government officials will find an adequate and sustainable solution for these families in the near future, with the help of donor and development agencies. (para 60)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Peter Leuprecht

(E/CN.4/2004/105)

Country visits: Tenth visit: 27 November to 6 December 2003
Report published: 19 December 2003

II. Major Developments and Human Rights Issues of Concern - B. Legal and judicial reform:

The Special Representative would like to mention another area tainted by unlawful and corrupt practices and a regrettable lack of transparency, namely, international child adoption in Cambodia. Several countries have suspended adoption from Cambodia because they consider that there is too high a risk for foreign agencies, including qualified Government-licensed agencies, of becoming unwillingly involved in baby selling and human trafficking. (para 25)

C. Impunity - 2. Mob killings:

In June 2002 the Special Representative issued a report entitled “Street retribution in Cambodia” documenting some 65 assaults and murders by mobs since mid-1999. (para 29)

Since publication of the report the first known convictions for involvement in a mob attack have been handed down. These relate to an incident on 31 December 2001 in which two schoolboys were killed when the parents of a classmate incited a crowd against them. The parents were arrested and warrants were issued for five other people. At a trial in Phnom Penh on 16 September 2002, all seven (the five others being tried in absentia) were found guilty and sentenced to prison terms of between 12 and 15 years. The absentees successfully applied for a retrial, which was held on 26 February 2003, but only one appeared in court. He was acquitted, but the prior judgements against the remaining four were upheld. The sentences against these individuals have not been enforced, indicating a worrying lack of interest on the part of the Phnom Penh police in arresting those responsible and illustrating a consistent pattern of failure to arrest even those convicted of very serious crimes. (para 31)

G. Health, the budget and civil society:

Despite medical advances, the numbers of Cambodian women dying in childbirth or children dying from easily preventable diseases remains alarmingly high. Pregnancy or pregnancy-related problems accounted for one in five deaths among Cambodian women in the seven years prior to 2000. Almost 1 in every 10 babies does not survive to his or her first birthday. Chronic malnutrition among Cambodian children is high, with 45 per cent suffering moderately stunted growth and more than one in five children severely stunted. These are distressing figures. Efforts to overcome the situation are affected by numerous structural problems. These include poor and unequal access to health care, inadequate budget disbursements, long distances and heavy transportation costs for patients, an unregulated private sector and a narrow focus of external aid on specific diseases. (para 51)

III. Conclusions and Recommendations - B. Legal and judicial reform:

The Government should put an end to unlawful and corrupt practices in connection with international child adoption and set up a transparent procedure that other countries can trust. (para 64)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Peter Leuprecht, pursuant to General Assembly resolution 57/225

(A/58/317)

Country visits:
Eighth visit: 25 February to 4 March 2003
Ninth visit: 30 June to 8 July 2003
Report published: 22 August 2003

III. Major developments and human rights issues of concern - A. General political climate and the 2003 National Assembly elections:

In the period between the 2002 Commune Council elections and the beginning of the National Assembly election campaign period on 26 June 2003, the OHCHR/Cambodia recorded a further 12 cases of known activists from the three major political parties being killed, including that of Om Radsady. One case involved the double murder of both an activist and his daughter, bringing the total number of deaths to 13. The official election campaign period was relatively free from violence. However, the daughter of a Sam Rainsy Party activist was murdered on 6 August in Kampong Cham province. (para 19)

D. Justice sector and accountability- 1. Justice sector reform:

At a meeting on 20 June 2003, the Council of Ministers approved a “Justice Sector Reform Programme”, described as providing an overall framework for legal and judicial reform in Cambodia. It contains an ambitious draft programme of action, outlining over 90 activities to be undertaken in order to implement the strategy. For this programme to be more effective than its unimplemented predecessors, it will be essential to establish clear priorities and a realistic time frame. Little attention has been given to Cambodia’s international human rights obligations and the need for all aspects of the legal reform agenda to be consistent with them. Gender issues are not addressed, nor is juvenile justice. More serious measures will be needed in order to overcome the problem of corruption. (para 38)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Peter Leuprecht, submitted in accordance with resolution 2002/89

(E/CN.4/2003/114)

Country visits: Seventh visit: 12 to 19 November 2002
Report published: 18 December 2002

Executive summary:

Both the former High Commissioner for Human Rights and the Special Representative have highlighted trafficking in human beings as an issue of great concern. Trafficking occurs both in-country, mainly from rural to urban centres, and from and to neighbouring countries. Mainly affected are women and children.

I. Seventh Mission of the Special Representative of the Secretary-General for Human Rights in Cambodia (12-19 November 2002):

Trafficking in human beings is a major issue of concern in Cambodia as a country of origin, transit and destination for such trafficking. Mainly affected are women and children, who are forced or pushed into prostitution, rented or sold, often by parents or relatives, or abducted. Trafficking for adoption purposes is also a major concern. (para 9)

II. Major Developments and Human Rights Issues of Concern - C. Prisons:

In most prisons, juveniles are placed together with adults. Little or no attempt is made to separate minor offenders from felons, or pre-trial detainees from convicts, turning Cambodia’s prisons into potential crime schools for the young and vulnerable. While largely a consequence of the lack of adequate facilities, the mixing of all prisoners also creates serious potential for physical, sexual and psychological abuse. (para 36)

G. Trafficking in human beings:

The Special Representative gave special attention to the problem of trafficking in human beings, a major concern to Cambodia as country of origin, transit and destination for such trafficking. Endemic poverty, lack of education, unstable family backgrounds, corruption and failure to enforce the law are all contributing factors. (para 63)

Significant trafficking occurs in-country, mainly from rural areas towards urban centres, tourist sites and border areas. Mainly affected are women and children, the majority of whom are forced or pressured into prostitution, rented out or sold, mostly by their parents or relatives, or abducted. Trafficking also occurs for purposes other than sexual exploitation, such as begging or labour. Cross-border trafficking is common and encompasses both trafficking to other nations and trafficking from other countries to Cambodia with recruitment taking place especially in the border provinces. Trafficking for adoption purposes is also an issue of increasing concern. (para 64)

A new draft Law on Suppression of the Kidnapping, Trafficking and Exploitation of Human Persons, to replace the law of 1996, is in progress. It is essential that the law provide for special treatment and protection of victims as specified and prescribed in the Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1). Victims should not be treated as violators of immigration law as often occurs in Cambodia. The former High Commissioner for Human Rights made a special appeal in this regard before the National Assembly in August 2002. The new law should also provide for strong measures to punish those responsible. (para 65)

The Special Representative is concerned about the judiciary’s failure to enforce the law. Victims’ claims are often dismissed, or they are treated as criminals rather than receiving protection. An NGO reported that in 2001 in about 94 per cent of the cases of trafficking it dealt with, the courts failed to punish those responsible. Convictions, when they occur, generally concern persons at the lowest levels of the trafficking chain, or family members who have received payments for their children. In June 2002, police raids “rescued” a group of 14 Vietnamese girls from the brothel district of Svay Pak. No one has yet been prosecuted for trafficking or procuring these girls, yet most of the victims were subsequently sentenced, as adults, to prison terms on immigration charges. (para 66)

In a hearing against these girls on illegal immigration charges at the Phnom Penh Municipal Court in August 2002, charges were dropped against three minors who had supporting documents from the Svay Pak commune showing they were born in Cambodia, and against one other who told the court that she had come to Cambodia when she was 1 year old. Six girls officially recognized as 18 years of age were sentenced to two months’ imprisonment, along with one other officially recognized as aged 16. Three girls officially aged between 19 and 22 were sentenced to three months’ imprisonment. These 10 were ordered to be deported back to Viet Nam after serving their prison terms. Following completion of their sentences, they were transferred to the Immigration Department’s holding centre near Pochentong Airport. However, when a concerned NGO contacted the centre to arrange for the girls’ reception at a shelter in Ho Chi Minh City, they were told that the girls’ whereabouts were unknown. There is concern that they may have been released in exchange for payments to Immigration Department officials. The case reflects a systemic failure of the judicial system to uphold the rights of victims and to hold those responsible to account. (para 67)

The Special Representative is concerned at the low level of resources allocated to the Ministry of Social Affairs, which bears responsibility for providing and coordinating social services to victims of trafficking. At present, almost the totality of services is provided by the non-governmental sector. (para 68)

The Special Representative welcomes the ratification by Cambodia in May 2002 of the Optional Protocol to the Convention of the Rights of the Child on the sale of children, child prostitution and child pornography. (para 69)

I. Reporting obligations:

As a State party to the core international human rights treaties, Cambodia must fulfil important reporting obligations. [...] The Government should also begin work on the overdue periodic reports on the implementation of [...] the Convention on the Rights of the Child. (para 73)

III. Conclusion and Recommendations - A. Judicial reform:

A juvenile justice system should be established. (para 82)

G. Trafficking in human beings:

The Royal Government should continue to combat trafficking in human beings by properly educating law enforcement officers and by strengthening the implementation of the law. (para 94)

The judiciary should provide appropriate remedies for trafficked persons, who must be recognized as victims. The Royal Government should prosecute all offenders up to the highest level of the trafficking chain. (para 95)

I. Reporting obligations:

The Royal Government should honour its treaty reporting obligations in a timely and substantial manner. Recommendations issued by treaty-monitoring bodies should be carefully considered to strengthen implementation of the human rights treaties Cambodia has ratified. (para 98)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Peter Leuprecht, pursuant to Assembly resolution A/56/169

(A/57/230)

Country visits:
Fifth visit: 5 to 11 March 2002
Sixth visit: 3 to 10 June 2002
Report published: 27 September 2002

Executive summary:

A positive area is education, where efforts by the Ministry of Education, Youth and Sports in collaboration with international and domestic agencies are boosting enrolment. The main problems in this area stem from a lack of sufficient State resources. Slow or non-disbursal of funds allocated to education under the national budget causes significant problems. Teachers with adequate salaries charge unofficial daily fees. Classes are curtailed, so that teachers can take second jobs. A high dropout rate, particularly among girls and minority groups, is of concern. Facilities are very poor. About one out of every five districts has no secondary school. Ratanakiri province has only one secondary school exists for the entire province. Facilities for educating disabled students are extremely poor. Cambodia’s future lies in the proper education of its children, and they deserve more help.

II. Fifth and sixth missions of the Special Representative of the Secretary-General for human rights in Cambodia - Fifth mission (5-11 March 2002):

Election-related violence surrounding the 3 February commune council polls claimed the lives of 19 people. Except for a two-year-old child and an election observer, all were political activists for the Front uni national pour un Combodge indépendant, neutre, pacifique et coopératif (FUNCINPEC) or the Sam Rainsy Party. Seventeen of these murders occurred prior to polling day. (para 8)

Sixth mission (3-10 June 2002):

Implementation of the right to education and growing problems of forced relocation of populations in urban areas and land grabbing in all areas were the focus of the sixth official mission. (para 10)

The Special Representative visited a pilot school project in Kompong Cham, where fellowships are provided to girls and students are taught life skills, and met parents and teachers. He examined problems in access to education by girls, the poor, minorities, disabled and other marginalized groups, based on information gathered since his previous report and discussions started with the Government. He visited a school for disabled children and a non-formal education programme for about 3,000 out-of-school children in Phnom Penh. He was also told of persistent problems of unauthorized fees requested by teachers and principals. Many parents cannot afford such unofficial fees, resulting in high drop out rates. The current budget for education, although higher than in previous years, is insufficient and better wages for teachers are needed to address this problem. (para 13)

III. Major developments and human rights issues of concern - A. Judicial reform:

The need for improved professional standards is demonstrated by two cases, in the Phnom Penh Municipal Court, in June 2002. In one - the trial of a man accused of operating a sex trafficking ring to Macao, China - a 15-year-old victim who had testified against him was threatened with prosecution for violating immigration laws. In another case, courts ordered the arrest of under age Vietnamese girls rescued by a non-governmental organization from a Phnom Penh brothel. The girls were detained in prison on immigration charges. The brothel owner escaped shortly after her arrest. (para 29)

Finally, Cambodia should be commended for ratifying the Rome Statute of the International Criminal Court and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. (para 32)

B. Mob killings:

Although most mob attacks occur in urban areas, no one in Cambodia is immune. On 31 December 2001, two teenage children were murdered by a mob and another seriously hurt, after the parents of a bullied classmate accused them publicly, and falsely, of being thieves. Mobs targeted ethnic Vietnamese residents of Phnom Penh during the 1998 election, killing at least three and wounding others over rumours that the city’s food and water supplies had been poisoned. On some occasions, recorded in photos, police have handed individuals over to crowds who then kill. In most cases, the victims are merely suspects in petty crime. (para 36)

F. Right to education:

Education is essential key for Cambodia’s future. The country’s needs in this area are acute. Thirty-six per cent of adults are illiterate. Of the 40 per cent of the population under age 15, many are unlikely to complete schooling for reasons associated with poverty. The Ministry of Education, Youth and Sport, United Nations agencies and non-governmental organizations are making efforts to address these problems, and deserve encouragement; but inadequate funds and slow disbursal are impeding progress. (para 55)

The Constitution guarantees free quality education. In practice, families carry about two thirds of the financial burden of their children’s schooling. Teachers receive a basic salary equivalent to US$ 13 per month, which is insufficient and is often paid late. A recently approved pedagogic allowance, which was yet to have been paid in June 2002, will almost double the teaching staff’s pay. Families are still charged unofficial fees starting at a few hundred riel a day and rising to several thousand (from approximately US 5 to 75 cents or more) depending on the school and age of the student. (para 56)

This contributes to high dropout rates. Currently, 86 per cent of primary school age children are enrolled in school, but rates fall quickly as they get older. By lower secondary school, only 17 per cent of students enrol. Dropout begins to accelerate from age 10 and is highest at ages 12-14. In 2001, close to 900,000 children between the ages of 12 and 14 did not attend school. (para 57)

Related to this is a shortage of school facilities at all levels of education, particularly in rural and remote areas. In 2001, at primary level, 1,026 villages had no schools, 474 schools suffered extreme overcrowding and 1,119 were unable to offer all primary grades. At secondary level, the problem is worse: one in five districts (subregions of Cambodia’s 24 provinces and municipalities) has no lower secondary school. In Ratanakiri, in the country’s north-east, just one secondary school exists for the entire province. Higher education is generally available only in Phnom Penh. (para 58)

Unsurprisingly, those who suffer most are the poor. A recent joint survey by the United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Development Programme (UNDP) and the Ministry of Education, Youth and Sports found that illiteracy is most widespread among people living below the poverty line. The cost of education is often prohibitive for these groups, meaning that children are withdrawn from school and put to work in subsistence farming. (para 59)

Girls face additional hurdles. Constraining social attitudes and rigid ideas about the household division of labour and the value of educating daughters results in a marked gender imbalance. In pre-school education the ratio of girls to boys is more or less equal. But by secondary school, girls represent a third of students, and in post-secondary school just one in five. A recent United Nations Children’s Fund (UNICEF)-funded study found that, in addition to cultural attitudes, three factors significantly affect the continued stay of girls in school: the facilities, including classrooms, water and sanitation; the quality of interaction with teachers and other students; and the quality and relevance of both teaching and the curriculum. (para 60)

The children of indigenous minorities, and disabled people, are faced with further challenges. Among children of minority groups, the curriculum and teaching methods are often inappropriate. Language barriers, inflexible timetables, and a scarcity of schools in some minority areas result in low attendance. In Ratanakiri, for example, hill tribes represent 66 per cent of the population but the children of these people represent just 10 per cent of students at the province’s sole secondary school. Among the disabled, problems mainly stem from reluctance among parents to educate their children and a shortage of facilities and suitably qualified teachers. (para 61)

Several positive initiatives are being undertaken to address these problems. In June 2002, the Special Representative visited an education programme in the Prey Chhor district of Kompong Cham province that assists girls in particular. This project is run by Kampuchean Action For Primary Education (KAPE) in cooperation with the Ministry of Education, UNICEF and the World Food Programme (WFP). Through enhancement of the curriculum in upper primary school, remedial learning, teaching of life skills, and provision of scholarships for girls entering lower secondary school, it is tackling some of the obstacles to the retention of girls in and after primary school. (para 62)

The Special Representative also visited a school for deaf and blind children, in Phnom Penh, run by the local organization Krousar Thmey. The school provides specialized education to children at the primary level, using textbooks translated into Braille, and sign language. It also provides artistic education, and training to teachers. Most importantly, it integrates students into the State school system by providing follow-up assistance and training for teachers and staff at these schools. This approach deserves praise, as it fosters acceptance of disabled children, engages the public sector and helps overcome prejudice. Similar schools exist in two other provinces, serving about 400 children. (para 63)

Government efforts to improve matters are making some progress, but more is needed. A 2001 Ministry of Education circular abolishing entrance fees for primary and lower secondary education has contributed to an increase in the number of children enrolled in schools. According to Ministry data, 380,000 new students enrolled during the school year starting in September 2001. Recent increases in spending on education (75 billion riel, or US$ 19.3 million, has been allocated under the 2002 national budget) are also welcome. The Special Representative welcomes the establishment of a Disabled Children’s Office by the Ministry of Education. A programme to train teachers and principals in the needs of disabled children, and efforts to encourage the enrolment in school of children with mild and moderate disabilities are also commendable. (para 64)

The Special Representative learned of an ongoing ban on the training of persons with disabilities as teachers, and discussed this problem with the Minister of Education. This exclusion seems to be based on both cultural factors and perceived legal requirements. The Minister informed the Special Representative that the issue was being reviewed by the Ministry in view of the provision of the 1994 Law on the Common Statute of Civil Servants of the Kingdom of Cambodia, requiring candidates for positions as civil servants to satisfy conditions of physical aptitude. The Special Representative welcomes the openness of the Ministry in discussing this issue and encourages the Ministry to approach it in the spirit of inclusiveness that permeates the Education Sector Support Programme. Excluding persons with disabilities that do not impair teaching cannot be justified on human rights grounds, or in light of the practical needs of Cambodia’s education system. In addition, disabled teachers can be positive role models for children with disabilities. (para 65)

It is important that funds from Government be disbursed in full and without delay. It took until mid-2002, for example, for money allocated to education under the 2001 budget to be more or less fully received in the provinces. With the 2002 education budget, authorization for disbursement of 50 per cent of funds was given only in June 2002. Efforts to address low salaries for teachers are also behind schedule. The Government’s Education Sector Support Programme and the Education Strategic Plan 2001-2005 provide for a doubling of salaries over five years. This needs to be implemented without further delay. (para 66)

The Government and donors are urged to do more to assist the non-formal education sector, which is helping to meet the needs of those who drop out of schools and the adult population that is illiterate. Teachers face many of the same problems with respect to salary, irregular pay and poor training as those in the formal sector. Links with the State education sector should be strengthened to facilitate the reintegration of children, wherever possible. Curricula should also integrate literacy with income-generating skills to support improvements in living standards. (para 67)

The Special Representative welcomes the efforts undertaken to fight corruption in the education system. (para 68)

In the area of education, as in others, close cooperation between the Government, donors and non-governmental organizations is essential. (para 69)

IV. Conclusion and recommendations - Specific recommendations - 6. Education:

Funds allocated to education under the national budget need to be disbursed in full and in a timely manner. The Government should consider a significant further increase in the budget for education, including making provision for the building of schools in remote areas and improving facilities at existing schools. (para 96)

Existing plans to raise the salary levels of teachers should be implemented as an urgent priority. This is important for combating the problem of unofficial fees, and enabling the poor to access education, and as a means of attracting more teachers to the profession. (para 97) Measures to address the gender gap in education need to be continued and strengthened. Programmes such as that visited in Kompong Cham province by the Special Representative, with its innovative combination of measures addressing the economic, social and cultural factors that keep girls out of school, provide valuable models in this regard and should be expanded. (para 98)

Children of ethnic minorities and indigenous populations require special attention. Efforts should be made to improve access to education with full respect for the cultural specificity and needs of these people, building on the lessons learned from pilot projects providing for bilingual education, flexible timetables and teachers from local communities. (para 99)

More attention and resources should be given to non-formal education, to reach the high number of disadvantaged children who drop out or never enrol in school. Links between non-formal education programmes and the formal school system should be strengthened to facilitate reintegration of students whenever possible. Curricula should be adjusted to the needs of the students, and preferably integrate literacy with income-generating/vocational skills to support the improvement of their living standards. (para 100)

Efforts should be undertaken to improve the quality of teachers entering the profession. Better training is required in this regard, including the training of teachers to better deal with disabled children. (para 101)

The Ministry of Education, Youth and Sports, United Nations agencies, donors and non-governmental organizations should continue to strengthen their efforts to broaden access and improve quality of education. (para 102)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Peter Leuprecht, in accordance with resolution 2001/82

(E/CN.4/2002/118)

Country visits: Fourth visit: 18 to 28 November 2001
Report published: 28 December 2001

Executive summary:

The Special Representative began his investigation into the situation of education in Cambodia on this fourth visit. In particular, he inquired about quality and access, especially in relation to traditionally marginalized groups such as girls, ethnic minorities, indigenous peoples, the disabled, inhabitants of remote areas and the poor. The Special Representative will explore this issue more deeply on the occasion of his fifth visit in the spring of 2002.

III. Major Developments and Human Rights Issues of Concern - B. Judicial Reform - Juvenile justice system:

On his previous visits to Cambodia, the Special Representative noted the dire situation of children in Cambodia’s prison system. Whether in pre-trial detention, convicted, or living with their imprisoned mothers, these young people are potentially attending a school for crime while incarcerated. Efforts need to be taken immediately to ensure that juveniles are treated in accordance with the Convention on the Rights of the Child, to which Cambodia is a party, and other international instruments affecting the rights of children within the justice system. (para 67)

The Prime Minister agreed with the Special Representative that Cambodia urgently needs a juvenile justice system. This need is becoming increasingly acute as the number of children coming into contact with the justice system and being detained and imprisoned is on the rise. (para 68)

D. Right to Education:

As part of his global approach to human rights, the Special Representative looks at economic, social and cultural rights along with civil and political rights. The right to education is an essential and central right; it is closely linked to the exercise of all other rights, civil and political as well as economic, social and cultural. Cambodia has a very young population; over 40 per cent of its people are under the age of 15. The future of the country lies very much in the education of its children. (para 82)

His fourth visit to Cambodia afforded the Special Representative the opportunity of a preliminary investigation of the situation of education in Cambodia, with a view to undertaking a broader investigation and engage in dialogue with the Government on the occasion of his fifth visit. The Special Representative consulted with national and international NGOs working in the field of education, as well as with the representatives of the United Nations Educational, Scientific and Cultural Organization and the United Nations Children’s Fund which are the leading United Nations agencies on education. (para 83)

As noted in the Special Representative’s earlier reports, Cambodia’s most urgent problems are further complicated by their interrelatedness. This is certainly the case with education. The Cambodian Constitution guarantees free primary and secondary education to all citizens in public schools. Nevertheless, extra fees for schooling are often requested. Many children are unable to pay for schooling, or must stop schooling in order to help their families subsist; an estimated 400,000 children between 6 and 11 years do not attend school. Poverty is the cause and the effect of the dire situation of education in Cambodia today. (para 84)

Cambodia’s Constitution enshrines the principles of the Convention on the Rights of the Child and has many provisions on the right to education; but nowhere in the Constitution is primary education defined as compulsory. Moreover, as in so many other cases, the requisite legislation to implement the constitutional provisions is lacking, thus making enforcement of these obligations difficult if not impossible. (para 85)

Economics and accessibility:

The Royal Government of Cambodia has taken important measures to alleviate the financial burden on parents sending their children to school. On 3 July 2001 the Ministry of Education issued circular No. 1820 repealing entrance fees for primary and lower secondary school students. This measure should address the problem of the extra fees that are often requested of parents to repair buildings and pay for electricity. It is estimated that these costs can reach up to US$ 25 per year, an amount that is prohibitively high for many poor families, who must also pay for books and uniforms. The Special Representative welcomes this action and encourages the Ministry to monitor vigorously the full implementation of the circular. (para 86)

There remains concern, however, about the daily fees that students are expected to pay to their teachers in order to receive instruction. These daily fees represent yet another obstacle to children’s enjoying their right to education, particularly in the case of very poor families. There is further concern that children may be learning at a very young age and in what should be a positive and encouraging environment that even basic rights come at a price. (para 87)

The Special Representative commends the Royal Government of Cambodia for increasing the budget allocation for the Ministry of Education to 18.2 per cent, almost double the allocation for 1999/2000. It is hoped that these increased funds will find their way to the most needy areas within the education sector. (para 88)

In particular, there is an urgent need to address the problem of teachers’ salaries, currently estimated to be around US$ 20 a month. Increased salaries could greatly reduce the need for teachers to charge daily fees. Increased salaries would also attract more teachers, as well as former teachers, to the profession. (para 89)

The increased budget should also be used to fund the building of much-needed classrooms and schools. In primary and secondary schools, one may find between 40 and 45 students per classroom, and the problem is more serious in remote areas where there are even fewer classrooms and teachers. (para 90)

Teacher training is also a priority. Cambodia’s commitment to providing education for all must be a commitment to quality education, as acknowledged in the Government’s Education Sector Support Plan. (para 91)

Discrimination and accessibility:

The Special Representative is particularly concerned about the problem of discrimination as it relates to access to education, on such grounds as gender, geography, ethnicity, disability and wealth. (para 92)

Gender. Ministry of Education research indicates that girls’ enrolment in school decreases significantly in relation to school level; while girls represent 49.6 per cent of students enrolled in pre-school, only 31.8 per cent of students enrolled in upper secondary school are girls. (para 93)

Geographical/physical discrimination. In 1999/2000, there was no enrolment for upper secondary school in Oddar Meanchey Province and limited enrolment in Mondulkiri, Pailin and Ratanakiri Provinces. Students in remote areas have particular difficulty in exercising their right to education. In some provinces, even where there are schools, students are unable to reach them because there are either no roads, or the roads are in very bad condition; most children must walk to school. Very young children, often suffering from malnutrition, are simply unable to make the trip, sometimes a distance of 3 km, and therefore do not begin their education until the age of eight or nine. (para 94)

Ethnic minorities. There is significant evidence that language and ethnicity, particularly for indigenous children, is a barrier to education. Classes are offered in Khmer despite the fact that most children of ethnic minorities, especially Vietnamese, and of indigenous peoples do not speak Khmer. Private schools have been established to serve the needs of some linguistic minorities, but these are often costly and are mainly concentrated in Phnom Penh. (para 95)

Disabled children. Estimates from NGOs indicate that there are about 260,000 children with disabilities for whom educational opportunities are limited and for whom specialized education is not available. (para 96)

Steps towards reform:

The Special Representative welcomes the Royal Government of Cambodia’s Education Sector Support Programme for 2001-2005 and encourages the Government to take all necessary actions to pursue its full implementation. This will be a formidable task, and the Special Representative stresses, in particular, the importance of improving access to education by those groups who have been traditionally marginalized, such as girls, ethnic minorities, indigenous peoples, inhabitants of remote areas and the poor. (para 98)

The Special Representative also welcomes the continued efforts of the Education Management Information System (EMIS) Statistical Centre of the Ministry of Education, Youth and Sports in providing reliable data on education in Cambodia. These data should be disaggregated with regard to the situation of national, ethnic and religious minorities, in order to facilitate assessment and monitoring of access to education for these groups. (para 99)

III. Recommendations - Judicial reform:

The Special Representative is encouraged by the agreement of the Prime Minister that there is a need to establish a juvenile justice system and hopes that steps will be taken by the Royal Government of Cambodia to ensure that the rights of Cambodian children involved with the justice system are respected and protected. (para 118)

Education:

Analysis of the right and access to education in Cambodia must acknowledge the interrelationship of this right with issues of poverty and discrimination. With a view to addressing in greater depth the complexities of education in Cambodia on his next visit, the Special Representative offers the following preliminary recommendations to the Royal Government of Cambodia and those who support it. (para 121)

The Special Representative urges international donors to continue their support of the efforts of the Royal Government of Cambodia to respond to the needs of the population, in particular the effort to achieve compulsory, free primary education for all. The Special Representative commends and encourages cooperation amongst donors and between donors and the Royal Government of Cambodia. (para 122)

The Special Representative believes that an important step in improving the situation of education in Cambodia is through the increase of teachers’ salaries to a decent living wage, with a view to improving their motivation and dedication to their task. (para 123)

The Special Representative welcomes the repeal by the Ministry of Education of entrance fees for primary and lower secondary school students and encourages the Royal Government of Cambodia to monitor the full implementation of this effort. Similar efforts with regard to the imposition of daily fees would also be welcome. (para 124)

The Special Representative also welcomes the Government’s Education Sector Support Programme (ESSP) for 2001-2005, and appeals to the Government to take all necessary steps to ensure the full implementation of the ESSP. Particular attention should be paid to the improvement of access to education for traditionally marginalized groups such as girls, ethnic minorities, indigenous peoples, inhabitants of remote areas and the poor. (para 125)

The Special Representative recommends that the Education Management Information System (EMIS) Statistical Centre of the Ministry of Education, Youth and Sports continue its efforts to provide reliable, up-to-date statistics on education in Cambodia. These data should be disaggregated with regard to the situation of marginalized groups (other than girls) to facilitate accurate assessment and monitoring of their access to education. (para 126)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Peter Leuprecht, pursuant to General Assembly resolution 55/95 of 4 December 2000

(A/56/209)

Country visits:
Second visit: 16 to 23 February 2001
Third visit: 22 to 28 June 2001
Report published: 26 July 2001

Summary:

In Cambodia, despite efforts on the part of the Government and various non- governmental organizations, the trafficking of women and children for sexual or labour exploitation remains an issue of grave concern. Poverty is an important factor influencing the decision of many to leave home in search of work in urban Cambodia and Thailand, as is the high demand for women and children as workers, prostitutes and beggars. There is an urgent need to address the issue of trafficking and, in doing so, to deal with all aspects of this disturbing problem: poverty, lack of protective legislation for women and children, and weakness of the judiciary and of the law enforcement system, and also an urgent need for the provision of adequate assistance to the victims.

II. The Special Representative’s activities and sources - A. Second visit to Cambodia, 16 to 23 February 2001:

The focus of these meetings encompassed the five main themes addressed by the Special Representative during his first visit to the country, namely: [...] Situation of women and children. (para 8)

In the Battambang prison the Special Representative noted the limited space available to the prisoners, the lack of appropriate health care, the proximity of minors to adults and of women to men, as well as the complete lack of resources for the care of the very young children of detained women. (para 14)

B. Third visit to Cambodia, 22 to 28 June 2001:

During his third visit to the country, the Special Representative carried out a short trip to the Province of Banteay Meanchey, where he focused on land issues in the Thai-Cambodian border area of Poipet, as well as the prevalence of human trafficking cases in that region. He had the opportunity to visit two villages facing serious land-related difficulties, an issue that will be further discussed in section II of this report. He also met with representatives of the provincial office of OHCHR/Cambodia, non-governmental organizations working in Banteay Meanchey, the provincial governor, the chief of land management, the provincial police commissioner, the Children’s Rights Committee, and the Provincial Court. He also visited the provincial prison as well as the Cambodian Women’s Crisis Centre. (para 18)

Following this third visit in Cambodia, the Special Representative spent a day in Bangkok in order to meet with and brief the diplomatic community operating in the region as a whole. [...] Consultations were also held with the Executive Secretary of the Economic and Social Commission for Asia and the Pacific (ESCAP) (and) the Regional Representative of the United Nations Children’s Fund (UNICEF) [...]. (para 19)

C. From “lawlessness” to rule of law - 1. State of the judiciary:

Given the particular needs of minors, the Special Representative urges the competent Cambodian authorities, with assistance from the international community, to adopt and implement a juvenile justice system in line with basic human rights requirements. (para 54)

2. Prison conditions:

The lack of proper separation of prisoners remains an issue of great concern to the Special Representative. [...] Minors and adults are very often kept together, both in the case of women and men, and pre-trial detainees are kept in the same cells with convicted prisoners. Moreover, in several prisons, very young children are living with their detained mothers without any additional food or water allowance being provided through the prison system. These children must depend on the humanitarian assistance offered by local non- governmental organizations, and very often they lack access to basic food and medicines. (para 61)

E. Human trafficking:

Trafficking of women and children has received increased international attention in recent years. In Cambodia, despite efforts on the part of the Government and various non-governmental organizations, the trafficking of women and children for sexual or labour exploitation remains an issue of grave concern. The Special Representative is deeply troubled by this phenomenon and, in particular, by the very young age of many of its victims. (para 68)

More and more women are leaving their homes and villages in the countryside in search of work in urban Cambodia and Thailand. Poverty is an important factor influencing this decision. In addition, the high demand for women and children as workers, prostitutes and beggars, and the lure of perceived wealth on the other side of the border, has contributed to the increased flow of women and children, many of whom are trafficked or deceived and forced to work under appalling conditions. (para 69)

While visiting the Province of Banteay Meanchey, the Special Representative met with staff of the Cambodian Women’s Crisis Centre who work closely with women and children who are victims of trafficking, rape, and domestic violence. Their approach is to rescue the victims and offer them shelter and vocational training as well as counselling and support. They also conduct investigations into the particular cases and, when possible, work towards the reintegration of the women and children into their families. The Special Representative was shocked and disturbed by the very young age of many of the victims. (para 71)

There is an urgent need to address the issue of trafficking. To do so, several actions have to be taken concurrently. First, the issue of poverty must be addressed in order to understand its effects on women and children. Secondly, legislation for the protection of women and children must be enacted and measures taken to implement such laws. Thirdly, both the judiciary and the law enforcement system must be strengthened and problems of administration of justice, such as corruption, need to be tackled. Finally, there is a need to assist the victims directly by facilitating their access to legal advice and medical assistance. The issue of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) is of particular concern for this vulnerable group. (para 72)

V. Recommendations - Human trafficking:

The Special Representative urges the Government of Cambodia to address comprehensively the issue of human trafficking, giving particular attention to such aspects of the problem as the poverty of women and children and their vulnerability to sexual and labour exploitation, the lack of enactment and implementation of legislation for the protection of women and children, the weakness of the judiciary and the resulting prevalence of impunity and corruption, and the need for adequate medical and legal assistance to the victims of this disturbing practice. (para 97)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Peter Leuprecht, submitted in accordance with resolution 2000/79

(E/CN.4/2001/103)

Country visit: 26 November to 2 December 2000
Report published: 24 January 2001

Executive summary:

The present report is submitted in accordance with resolution 2000/79 of the Commission on Human Rights. The Secretary-General appointed Peter Leuprecht (Austria) as his new Special Representative for human rights in Cambodia on 18 August 2000. [...]The Special Representative carried out his first visit to Cambodia from 26 November to 2 December 2000. The visit focused on the following five main themes: eradication of violence; rule of law; domestic implementation of international human rights treaties to which Cambodia is a party; poverty issues and economic and social rights; and the situation of women and children. [...] In section III of his report, the Special Representative raises human rights issues of concern, including on: [...] (f) the situation of children [...].

III. Recommendations of the Special Representative of the Secretary- General for human rights in Cambodia:

OHCHR/Cambodia reports that during 2000, an increase in allegations of [...] trafficking of persons and cases of sexual exploitation of children and women have come to its attention. (para 11)

OHCHR/Cambodia continued to follow the legal situation of persons in custody and prison conditions in general by conducting at least 20-22 monthly visits to various national and provincial prisons. [...] The situation of children in custody remains a matter of serious concern. (para 12)

II. The Special Representative's Activities and Sources - B. First visit to Cambodia, 26 November to 2 December 2000:

The Special Representative carried out his first visit to Cambodia from 26 November to 2 December 2000. This visit focused on five main themes, namely: [...] Situation of women and children. (para 7)

III. Major Developments and Human Rights Issues of Concern:

With the support of the international community, the Government has initiated government policies and programmes in important areas such as good governance, poverty reduction, socio-economic development, legal and judicial reform, children, women, trafficking and sexual exploitation of children, and HIV/AIDS. (para 20)

A. Eradication of violence:

Violence pervades many facets of life. The Special Representative notes the unacceptably high rates of domestic violence, political violence, possession of small arms, trafficking of women and children, land disputes, violence against minorities, etc. Although eradication of violence is a long-term goal, concrete actions towards this goal must be taken in the short term. The attainment of this goal will require concerted efforts on the part of governmental authorities as well as the society in general. Cambodia’s recent history has been marked by extreme violence and it is essential that the cycle of violence be broken. (para 23)

C. Domestic implementation of international human rights instruments:

The Special Representative commends the efforts of the Cambodian National Council for Children, with the assistance of the Cambodia office and UNICEF, in preparing a workshop to follow-up on the concluding observations of the Committee on the Rights of the Child. The Special Representative encourages the Government to continue to pay close attention to the recommendations of treaty bodies, to regard their implementation as an important means of promoting human rights in the country, and to integrate them in its reform plans. (para 56)

D. Poverty and issues concerning economic and social rights - 1. Poverty:

The 2000 Report, which focused on children and employment, also reflected a significant child labour problem in Cambodia with 42 per cent of children aged 5 to 17 years engaged in some form of work. (para 57)

2. Education:

Education in Cambodia correlates closely to the problem of poverty, the social environment and a lack of political will to invest in education, which results in a low national budget for education and low awareness of the importance of education in the community. About half a million of the children aged 6-11 years have no access to education in Cambodia while 50 per cent of those who entered grade 1 either dropped out of school or had to repeat the class. Despite a large increase in school enrolment in recent years, less than 50 per cent of children reach grade 5 and less than 2 per cent graduate from high school. Some of the causes identified include the low quality and commitment of teachers owing to their low salaries and lack of expertise; the need for a child labour force which prevents children from attending school, especially in the case of young girls; the insufficient number of schools and the need to travel great distances to attend them in remote areas of the country. The Special Representative stresses the importance of an increase in the national budget for formal and non-formal education, the availability of free primary education for all children and the creation of more vocational schools leading to desirable job opportunities. (para 62)

E. Situation of women:

According to the 1998 census, 51.81 per cent of the total population are women and an estimated 74.3 per cent of the total population live in the rural areas. It is estimated that 25.7 per cent of Cambodian households are headed by women. In Cambodia, domestic violence greatly affects women and children who are often dependent on male family members. The perpetrators of domestic violence often go unpunished. The Minister of Women’s and Veteran’s Affairs is actively involved in promoting draft legislation on domestic violence. This issue should be addressed both by passing this draft bill and by including provisions on domestic violence in the Penal Code. (para 68)

The Special Representative urges the Government to pursue efforts to address the serious problems of trafficking and sexual exploitation of women and children. He stresses the importance of implementing the Five-Year Plan against Sexual Exploitation and Trafficking of Children adopted by the Council of Ministers in April 2000. The Ministry of the Interior should continue its efforts to draft a law against sexual exploitation of children. It will be important to monitor the implementation and impact of the project of the Minister of Women’s and Veteran’s Affairs on prevention of trafficking and of the project of the Minister of Justice, with the assistance of the Japanese Institute for Legal Development, for the review of legislation combating trafficking and sexual exploitation. Furthermore, the Special Representative has been informed of an initiative of the Ministry of Social Affairs, Labour, Vocational Training and Youth, in collaboration with UNICEF, for the return and reintegration of children and women trafficked between Cambodia, Thailand and Viet Nam. (para 69)

Given the multiplicity of projects and actors on this issue, effective coordination is essential. Prosecutors and the police should cooperate and courts should punish offenders, whether they are Cambodian or non-Cambodian. Furthermore, it is essential to recognize that trafficked women and children are victims rather than “social evils”; a non-punitive approach should be taken towards them. (para 70)

The Cambodia office and NGOs briefed the Special Representative on several cases of trafficking of women and children in which they had requested the intervention of the relevant authorities for the rescue of victims. [...] In some cases investigated by the Cambodia office, the victims were very young girls of Vietnamese origin who had been trafficked into Cambodia. One case of trafficking and alleged sexual exploitation of seven young women from Eastern Europe was reported to the Cambodia office. (para 71)

F. Situation of children:

According to the 1998 census, 42.8 per cent of the Cambodian population are children between 0 and 14 years of age. In his meeting with NGOs concerned with children’s rights, the Special Representative was made aware of problems directly affecting children, including: poverty; lack of adequate basic health services for children; limited access to education, particularly for girls and in rural areas; sale of children; trafficking and sexual exploitation; irregularities in adoptions; HIV/AIDS; domestic violence; obstacles to birth registration; care of orphans; children in detention and others. (para 72)

Cambodia lacks an efficient birth registration system. While birth registration is officially free of charge, in practice an irregular payment is required. This payment often deters parents from registering their children’s birth, which in turn prevents children from having accurate documented proof of their age and proper access to social services. The Special Representative stresses the need for birth registration to protect children from exploitation in trafficking, child labour and the commercial sex trade. The Special Representative was informed of a recently issued subdecree on birth, marriage and death registration. The implementation of this subdecree will require both national and international investment. (para 73)

While child labour in the commercial sex industry is certainly a cause for concern, the Special Representative was informed that, contrary to recent information disseminated at the international level, it is not pervasive in the garment industry. However, NGOs do report that children as young as 14 work in brick and shoe factories, in contravention of the legal minimum age for non-hazardous work in Cambodia of 15 years. (para 74)

The Special Rapporteur on the sale of children, child prostitution and child pornography has urged the Government to address the many allegations of collusion of members of the police and the judiciary with traffickers and brothel owners who are using children in prostitution. (para 75)

The Government is addressing the issue of inter-country adoption through new legislation. The law should be complemented by effective mechanisms to monitor foreign and local adoptions and ensure that adopted children can keep in close contact, if desired, with their families, culture and country of origin. The Special Representative intends to look further into this important issue during a future visit. (para 76)

The Special Representative is concerned by the incidence of excessive pre-trial detention of children. This contravenes domestic law and international human rights norms. Also of concern, as mentioned above, are the conditions of detention. Juveniles, in particular, need appropriate services while in detention in order to ensure the respect of their rights and to facilitate their reintegration into society following the detention period. In conformity with the Convention on the Rights of the Child, to which Cambodia is a party, the establishment of an adequate juvenile justice system is of the utmost importance. (para 77)

IV. Recommendations - Conditions of detention:

The Special Representative recommends that, with increased assistance from the international community, serious efforts be undertaken to improve conditions of detention. In particular, steps should be taken to solve the problem of overcrowded prisons, improve the state of the buildings and conditions of hygiene, ensure sufficient food rations, increase opportunities for physical exercise, and facilitate access to educational and reinsertion programmes. Juveniles should be separated from adults, and women from men. (para 98)

Situation of women and children:

The Special Representative calls on the Government to take firm action against the exploitation of children in its various forms such as trafficking, prostitution and child labour. He calls for improved conditions of detention for juveniles and for respect of the legal limit on pre-trial detention periods for juvenile detainees. The Special Representative urges the Government to follow-up on recommendations made by the Committee on the Rights of the Child, in particular with regard to the establishment of a juvenile justice system in accordance with international human rights norms. (para 103)

The Special Representative recommends to the Government that all current draft legislation, in particular the civil and criminal codes as well as the civil and criminal procedure codes, be in accordance with the international human rights standards and that concerned ministries and NGOs working on children’s issues be consulted. The Special Representative recommends that, with the assistance of the international donor community, birth registration should be legally and effectively free of charge and actively promoted by the State. The Special Representative recommends that the Government and National Assembly pass the law on inter-country adoption drafted by the Ministry of Social Affairs, Labour, Vocational Training and Youth. He also recommends that Cambodia become a party to the Hague Convention on Cooperation in Respect of Protection of Children and Intercountry Adoption. (para 104)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Thomas Hammarberg, submitted in accordance with resolution 1999/76

(A/55/291)

Report published: 11 August 2000

I. Introduction:

The present report has been prepared pursuant to General Assembly resolution 54/171 of 17 December 1999. (para 2)

Concern was raised about numerous instances of impunity. The situation included continuing problems related to violations of human rights and the situation of [...] child prostitution and trafficking. (para 3)

III. Recommendations of the Special Representative of the Secretary- General for human rights in Cambodia:

OHCHR/Cambodia reports that during 2000, an increase in allegations of [...] trafficking of persons and cases of sexual exploitation of children and women have come to its attention. (para 11)

OHCHR/Cambodia continued to follow the legal situation of persons in custody and prison conditions in general by conducting at least 20-22 monthly visits to various national and provincial prisons. [...] The situation of children in custody remains a matter of serious concern. (para 12)

IV. Role of the United Nations High Commissioner for Human Rights in assisting the Government and the people of Cambodia in the promotion and protection of human rights - B. Implementation of the technical cooperation programme and activities of OHCHR/Cambodia -

3. Training provided to government officials in the administration of justice and other issues:

In the area OHCHR/Cambodia of the administration of justice, is also participating in an inter- agency project to build the capacity of the Cambodian National Police to address cases of sexual exploitation of children. Other partners in the project, entitled “Law enforcement against sexual exploitation of children”, include the United Nations Children’s Fund, the International Organization for Migration (IOM), Rädda Barne, World Vision and the Ministry of the Interior. Draft guidelines on the police investigation of offences involving the sexual and training materials on this issue have been developed. (para 23)

The OHCHR/Cambodia provincial office carried out training activities for local authorities, students and community representatives based on various OHCHR curricula, including on the trafficking of persons, human rights and democracy, and human rights and minorities. (para 27)

4. Human rights reporting obligations and implementation of recommendations made by treaty monitoring bodies:

Cambodia is party to the six main international human rights instruments and has submitted initial reports under [...] the Convention on the Rights of the Child. Most recently, in May 2000, the Committee on the Rights of the Child considered the initial report of Cambodia (CRC/C/11/Add.16) and adopted concluding observations (CRC/C/15/Add.128). (para 28)

In June of 2000, collaboration with Institutions OHCHR/Cambodia, in the Centre for Democratic the Australian National University, organized a workshop to review the process of preparation of reports under international human rights instruments. One member of the Human Rights Committee was invited to participate as a resource person, together with two other international experts with experience in drafting reports, Cambodian officials responsible for the preparation of the reports, members of the Cambodian delegation to the Committee on the Rights of the Child, members of Cambodian non-governmental organizations who prepared parallel reports under the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child, and OHCHR/Cambodia staff. [...] The workshop provided a forum for exchange of experience between international experts and Cambodian institutions and organizations on methodology and best practices for the preparation of reports to United Nations treaty bodies. (para 30)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Thomas Hammarberg, submitted in accordance with resolution 1999/76

(E/CN.4/2000/109)

Country visits:
Fifteenth mission: 21 to 26 August 1999
Sixteenth mission: 18 to 27 October 1999
Report published: 13 January 2000

Executive summary:

Prison conditions continue to be an area of special concern. [...] The special needs of women and juveniles require greater attention. [...] The Special Representative is concerned that the rights of many Cambodians, especially children, to health and education may be compromised by a lack of resources, despite the plans of the relevant Ministries for reform and revitalization.

II. Major Human Rights Issues and Recommendations - C. The rule of law and the functioning of the judiciary:

The Special Representative continues to receive frequent reports of the confiscation of land from civilians by members of the Cambodian authorities. [...] These authorities are acting on their own behalf in some cases, while in others they are employed on behalf of other individuals. The Special Representative regrets the use of violence and the destruction of property in some of these actions. In Poipet commune, Banteay Meanchey province, in August 1999, a group of around 250 families were driven off their land by a mixed force of soldiers, police and gendarmes and, in the same month, 130 families were violently evicted from the site of a former Vietnamese military hospital in the town of Siem Reap. (para 47)

E. Prison conditions:

Between August 1988 and October 1999, staff of the Cambodia Office made visits to all 24 prisons in Cambodia, and they continue to monitor most of these prisons regularly. According to the Office records and statistics collected by a leading local NGO, the number of prisoners has increased by 29 per cent in the past two years. There are approximately 3,870 prison inmates in Cambodia - 2,584 convicted prisoners and 1,286 pre-trial detainees. Thus, overcrowding in the prisons continues to be a serious problem, as are the health and nutrition of these prisoners and the failure to address the special problems of women and minors in detention. (para 63)

In October 1999, a meeting was held between the Special Representative and officials from various Ministries, representatives of donor agencies and local and international NGOs, all of whom work on prison issues. At the meeting, long-standing problems in the prison system were discussed, and recommendations put forward for resolving these problems. Among the recommendations made were the following: [...] The issue of excessive pre-trial detention, particularly in the case of minors, should be addressed. (para 64)

F. Labour rights:

The Special Representative remains concerned at continuing violations of labour rights in Cambodia. The more commonly reported violations include [...] child labour [...]. (para 66)

During a November 1999 workshop in Phnom Penh on International Labour Organization conventions, the serious problem of Cambodian children under 15 years of age being exploited and forced to work, and to work in hazardous conditions, was again raised. According to the latest International Labour Organization survey, conducted in 1996, 10 per cent of Cambodian children between the ages of 5 to 14 were working, three quarters of whom did not attend school. Currently, the Government of Cambodia is considering ratifying International Labour Organization Convention No. 182, which calls for the elimination of child labour that can harm children’s health, safety and morals. The Special Representative expresses his strong support for the ratification of Convention No. 182. (para 68)

G. Rights of the child:

The Special Representative expresses his deep concern over the failure of one of the prosecutors of the Phnom Penh Municipal Court to order the arrest of the owners of the Singapore II Hotel in Phnom Penh on 29 October 1999. The prosecutor had received a complaint written by a 15-year-old girl alleging that the hotel owners had purchased, confined and physically abused her, and had forced her to provide sexual services to hotel guests. During the execution of a search warrant at the hotel, the prosecutor found evidence of illegal contracts relating to the sale of other young girls signed by the hotel owners, and also discovered two more minors at the Singapore II Hotel, who made allegations identical to those of the original complainant. (para 69)

The Special Representative understands that, despite very substantial evidence of a crime in progress, the prosecutor refused to order the arrest of the hotel owners. The Cambodia Office wrote to the Minister of Justice on 12 November requesting, as a matter of urgency, that an impartial and competent alternative prosecutor be assigned to the case to investigate fully and bring to justice those responsible for the sexual exploitation of the minors. The Office requested that the original prosecutor in the case be appropriately sanctioned for his failure to perform his duty. The Special Representative welcomes the special interest expressed by the Minister of Women’s and Veterans’ Affairs in this and other cases relating to the sexual exploitation of women and girls. (para 70)

The problem of the detention and imprisonment of children aged between 13 and 18 years continues. Reports have been received of the torture and beating of children during arrest and while in police custody. During his October mission to Cambodia, the Special Representative spoke to four 14-year-old boys, three of whom were serving sentences and one who was in pre-trial detention, mixed in among the adult population in the Kompong Thom provincial prison. The Special Representative raised the issue of minors in prison with the Prime Minister and the Deputy Prime Minister and Co-Minister of the Interior during his October visit. The Special Representative expressed his concerns over the grave situation in Cambodia’s prisons generally, and the particularly severe hardships faced by minors incarcerated in such conditions. The Special Representative further noted that minors in prisons were deprived of their right to education and that one well-known consequence of mixing minors with adults in the prison system was the maturing and reinforcing of criminality among those minors, severely undermining their chances of rehabilitation and social reintegration. The Special Representative welcomes the concerns expressed by the Prime Minister and the Deputy Prime Minister and Co-Minister of the Interior about the plight of minors detained among adult prisoners, and their commitment to search for alternative solutions. (para 71)

III. Implementation of Recommendations:

Improvements have been made in the area of the right to health. The infant mortality rate has gone down considerably, but is still as high as almost 90 per one thousand live births. About half of all children are reported to be malnourished and there is widespread stunting and wasting. The maternal mortality rate is high and each year 2,000 women die as a result of complications of pregnancy and childbirth. There is high prevalence of HIV/AIDS and the epidemic is spreading rapidly, with consequences which will become more serious within a short time. The Special Representative has, however, been impressed by the energetic plans of the Ministry of Health to tackle public health issues in the country. (para 89)

More than one fifth of children aged between 6 and 11 do not attend school. Drop-out and repetition rates are high. Children with disabilities face particular risks of exclusion from the school system. In the remote provinces, the enrolment rate is less than 50 per cent. The whole education system suffers from being under-resourced and the present trend towards privatization may further disadvantage poor children. The Special Representative recommends strongly further international cooperation to support educational reform in Cambodia. Again, the Ministry of Education has important plans for reform and revitalization of the system. (para 90)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Thomas Hammarberg

(A/54/353)

Country visits:
Thirteenth mission: 14 to 26 March 1999
Fourteenth mission: 10 to 20 May 1999
Report published: 20 September 1999

I. Introduction:

In its resolution 53/145 of 9 December 1998, the General Assembly took note with appreciation of the report of the Special Representative on the situation of human rights in Cambodia, in particular his concerns about [...] child labour and child prostitution and trafficking. (para 3)

II. Thirteenth and fourteenth missions of the Special Representative of the Secretary-General for Human Rights in Cambodia - A. Thirteenth mission, 14-26 March 1999:

During his visit, the Special Representative held meetings [...] and discussed the work in the area of the rights of the child with the representative of the United Nations Children’s Fund (UNICEF). (para 11)

In Phnom Penh, the Special Representative discussed the right to education with the Minister of Education, representatives of the international community, including the United Nations Educational, Scientific and Cultural Organization (UNESCO), the European Union and NGOs working in the field of education. The Special Representative focused on the question of access to and the quality of education as well as the role of schools in providing support to children in difficulty. (para 13)

C. The rule of law and the functioning of the judiciary:

The Special Representative has reported in the past on the lack of cooperation from and cases of actual interference with court activities by various authorities. These problems continue. In Kampot Province, the gendarmerie has not enforced four arrest warrants against the chief and a member of a village militia, the village chief, and a villager allegedly involved in the murder of an 18-year-old man. The gendarmerie could not enforce the warrants because of protests from officials in Kampot Province. The Cambodia Office has been following developments in the case of the brothel owner in Banteay Meanchey who beat a young woman to death in front of a number of witnesses, against whom charges have in effect been dropped. The Office has learned that the brothel owner has now opened another brothel and that, despite instructions received from Phnom Penh, the court has so far failed to reopen the investigation into the case. (para 64)

E. Prison conditions:

The problem of the detention of children under the age of 13 in prisons and detention facilities continues. The Special Representative is aware of a recent case in Battambang where a boy, aged 12, was detained for 26 hours in a police station. In another case in Sihanoukville, a 12-year-old girl and a boy of the same age were detained for 17 and 19 days respectively in the provincial prison, in cells with adult prisoners. (para 77)

The problem of the detention and imprisonment of children aged 13 to 18 years within the adult prison population continues. During July, visits to prisons by COHCHR discovered five male detainees aged between 13 and 17 sharing cells in Sihanoukville prison with adult convicts. (para 78)

F. Right to education:

The right to education is recognized in the International Covenant on Economic, Social and Cultural Rights and other international treaties such as the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women. (para 82)

More than 22 per cent of the population aged 6-11 remain outside school. Net enrolment in remote provinces is less than 50 per cent. Both drop-out and repetition rates are extremely high, and the Special Representative notes with interest the forthcoming UNICEF study on the causes, consequences and costs of repetition. Access to education is constrained by the fact that only half of Cambodia’s primary schools provide the complete cycle of six years, and by severely limited hours of instruction. Although the 1996 draft curriculum is based on 30 class periods per week for all primary grades, a recent timetable reduces this to 25 periods per week. This is further reduced by shift systems owing to shortage of classrooms, a large number of official holidays and closures for other reasons. As a result, children receive an estimated average of 500 hours’ instruction each year, about 50 per cent less than international norms. (para 83)

Recent initiatives have put in place curricula for primary education which help children to achieve basic literacy and the practical knowledge needed for everyday life, rather than favouring a theoretical and academic approach. These need to be supported by the retraining of teachers in the new methodologies required to implement the new to make up the hours of tuition which the regular system curricula. While some children with disabilities have access to education, others face exclusion arising from financial constraints, transport difficulties, physical access to school buildings, family attitudes and cultural attitudes. Efforts should be made to overcome prejudice against children with disabilities, on the part of parents who believe that such children should be kept hidden away, and of teachers who think that they should be educated only in segregated facilities. (para 84)

Educational indicators reveal large gender disparities in enrolment and drop-out rates. Girls fall behind boys in of the costs of education continue to be borne by parents, with enrolment after the age of 10, and a larger percentage of girls external aid, NGOs and politicians contributing a further drop out of school in all grades. Less than 20 per cent of those 27 per cent and the government contributing only about in higher education are girls. Adult literacy rates also show that women are disadvantaged relative to men. The literacy rate for women is 55 per cent while for men it is 79 per cent; in fact, rates for both men and women may be lower than those generally quoted. According to a 1996 survey, the literacy rate is significantly lower among people aged under 35 than among older people. Since this age group includes many parents of children of primary school age, this is of particular concern. Parents who themselves have a low level of education may not regard the schooling of their children as a priority, preferring to keep them at home for domestic or agricultural labour. The Special Representative welcomes the forthcoming study on adult literacy which UNESCO will conduct with the Ministry of Education. This will assess the level of functional literacy in a random sample of 6,000 people over the age of 15. The survey, based on actual testing of literacy rather than self-assessment, will help in the design of remedial programmes for adults and in the development of primary education programmes which will address the fundamental need of all children for literacy. (para 85)

A de facto privatization of education services is taking place, accompanied by a diversion of resources away from the public sector. In Phnom Penh and in provincial capitals, more and more private tutoring is taking place, mostly carried out by teachers and often on school premises. This additional source of revenue supplements the meagre salaries of teachers who are thus able to avoid leaving the profession altogether, and students whose parents have the financial means manage to make up the hours of tuition which the regular system cannot supply. However, parents in effect often have no choice but to pay for teaching which should normally be free of charge to their children, placing those who cannot pay at a serious disadvantage. The Ministry of Education lacks the resources to monitor the quality or the content of the instruction provided, whether through the public system or through private tutoring. (para 87)

The share of government expenditure on education remains extremely low, amounting to less than 1 percent of the gross national product (GNP) in 1998. (para 88)

The Special Rapporteur calls on donors to continue to coordinate their essential assistance to  education in the coming years, and to work together with the Government to ensure that the significance of education in overall national development is recognised through appropriate budgetary provision. (para 89)

G. Right to health:

[...] (C)onventions to which Cambodia is a signatory, especially the Convention on the Rights of the Child [...] emphasize the right to health of women and children. (para 90)

Progress has been made in recent years to strengthen the Cambodian health services and the population’s access to health care. However, the general health status of the people of Cambodia remains far from satisfactory. Although rates of infant, child and maternal mortality have fallen, all three remain among the highest in the region. The maternal mortality rate is just under 500 per 100,000 live births, and each year 2,000 women die as a result of pregnancy or childbirth. (para 91)

The Programme of Action of the 1994 International Conference on Population and Development recognizes the rights of couples and individuals to decide freely and responsibly the number and spacing of their children and to attain the highest standards of sexual and reproductive health. [...] Cambodians still have limited access to information and services which would enable them to exercise their reproductive rights. (para 92)

Estimates in 1998 put the infant mortality rate at 89.4 per 1,000 live births. Although this is a significant improvement over the 1993 rate of 115 per 1,000, it should be compared with a regional average of 36 per 1,000. Cambodian children continue to suffer an overwhelming burden of acute respiratory infections, diarrhoea and vaccine-preventable diseases. Low levels of education among parents limit their understanding of the importance of preventive health care and restrict their economic potential for improving family health. With over 50 per cent of Cambodian children malnourished and stunting and wasting widespread, the physical and mental capacity of children to participate fully in the development of Cambodia is jeopardized. (para 93)

Women and young people are particularly vulnerable to HIV/AIDS for both clinical and social reasons. (para 94)

Although both children and adults of minority groups should receive special attention in the provision of health services, many in fact face greater problems than those of the majority population. (para 95)

The Special Representative takes note of the health priorities for 1999-2003 as identified by the Royal Government of Cambodia, and welcomes the emphasis on universal access to health services with community participation, on the promotion of healthy life styles, and on the special needs of women and children. (para 99)

H. Measures against sexual exploitation:

The Special Representative continues to be concerned about the sexual exploitation of women and children in Cambodia and welcomes the Five-Year National Plan against Child Sexual Exploitation in Cambodia launched by the Cambodian Government in July 1999. The plan, resulting from the participation of the Government in the World Congress against Commercial Sexual Exploitation of Children held in Stockholm in 1996, has been prepared by the Cambodian National Council for Children (CNCC), in consultation with all relevant ministries, international organizations and non-governmental agencies. The plan sets out four areas where intervention is needed to combat the problem: prevention through information, protection through law enforcement, recovery and reintegration of victims. While many agencies are ready to provide financial and technical assistance to implement this plan, these efforts will be useless without a strong commitment from the highest level of Government, and the Special Representative encourages the Government to ensure that the necessary law enforcement and other measures are taken in support of the plan. (para 101)

In 1999, ADHOC, a well-established Cambodian non-governmental human rights organization, conducted a study on the causes of prostitution based on a survey of almost 800 prostitutes. About 40 per cent of those interviewed were between 15 and 19 years of age. The study showed that about three quarters of the women and girls who work as prostitutes do so on a voluntary basis, while about one quarter have been forced to work as prostitutes or have been deceived into prostitution. The survey indicates that there was more involuntary prostitution among the younger age group. Special measures are needed to prevent any minor entering prostitution, whether voluntarily or involuntarily. The study recommends that the Government should address the two forms of prostitution (“voluntary” and “involuntary”) in different manners. [...] All forms of involuntary prostitution and child prostitution should be energetically suppressed by law enforcement officials. Traffickers, pimps and others who force women into prostitution must be prosecuted and condemned according to the law. (para 102)

I. Other rights of the child:

The Cambodia Office continues to receive information about arbitrary arrests by the police of street families and street children. Police involved have stated that these arrests were made in order to “... clean the city so that foreigners do not see the poor people in the streets”. Under Cambodian law there are no legal grounds for arresting and detaining people who are not suspected of any punishable illegal act. The law further states that no one may be detained except for offences set out in applicable law. Administrative detention is not permitted. In December 1998 the Cambodia Office expressed its serious concern over the practice of detaining homeless people and the conditions in which homeless people were being detained at a holding centre at Pun Phum in Phnom Penh. In February 1999 the Director of Inspection of Phnom Penh Social Affairs-Vocational Training and Youth Rehabilitation was instructed to stop sending street people to the Pun Phum centre. One month later a new inter-ministerial commission was established with a mandate to collect all vagabonds in Phnom Penh and send them back to live in their home provinces. However, the commission has been facing financial difficulties and has not yet carried out the tasks given to it. (para 103)

The Special Representative is following with attention the situation of under-age soldiers and other soldiers who may have been recruited when they were under 18, in the context of current plans for the extensive demobilization of RCAF elements. The Cambodian Veterans Assistance Programme forms of prostitution (“voluntary” and “involuntary”) in (CVAP) as it is designed at present makes no special provision for this vulnerable category, who have been deprived during their childhood of their normal rights and are poorly prepared for reinsertion into civilian life. While there are good indications that the process of registration prior to demobilization includes adult soldiers who joined the army when they were under 18, there is no provision for the identification of soldiers currently under age, effectively excluding them from the potential benefits of demobilization and reinsertion programmes. However, the Special Representative welcomes the statement of the Government in June indicating its willingness to study and prepare a plan to help children and under-age soldiers, in cooperation with UNICEF and other concerned organizations. (para 104)

At present there is no law on adoptions, whether domestic or inter-country, in Cambodia. The Special Representative welcomes the draft law on inter-country adoption initiated by the Ministry of Social Affairs and prepared in cooperation with UNICEF and COHCHR. Any such law should have the best interests of the child as its central concern, and the Special Representative notes that the draft law takes its inspiration from the Convention on the Rights of the Child and the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. The Special Representative encourages the Government to consider ratification of the Hague Convention to safeguard further the rights of children in inter-country adoptions. (para 105)

IV. Implementation of recommendations:

The Committee was concerned that [...] trafficking of women and children for purposes of sexual exploitation still occurred [...]. (para 120)

The Prime Minister subsequently promised that firm measures would be taken against corruption and abuse of power at all levels. [...] In the social sector, the Minister of Women’s Affairs is developing a programme to combat, inter alia, trafficking, prostitution and the spread of HIV/AIDS. The Ministry of Education wants to increase school attendance and, at the same time, improve the quality of teaching. (para 122)

V. Concluding remarks:

A priority for the Special Representative and the Office of the High Commissioner is to contribute to the further strengthening of the capacity of both governmental and non-governmental institutions to monitor, promote and protect human rights. [...] There will be a special focus on the rights of women, children, indigenous people and other vulnerable groups. (para 124)

VI. Role of the United Nations High Commissioner for Human Rights in assisting the Government and the people of Cambodia in the promotion and protection of human rights:

The Cambodia Office carries out a wide variety of human rights education and training programmes, in conjunction with its governmental and NGO counterparts, targeted at key sectors of the population including military personnel, police and prison officials, district and communal leaders, teachers, trade unionists, monks and vulnerable groups including women, children and minorities. (para 133)

The Office continues to carry out its mandate to stimulate human rights activities at the local level, promote civil society and provide support to bona fide NGOs. In 1999, as in 1998, the Government of Denmark has allocated $250,000 for support to NGOs working in the field of human rights education and the promotion and protection of the rights of women, children and ethnic minorities. (para 138)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Thomas Hammarberg, submitted in accordance with Commission resolution 1998/60

(E/CN.4/1999/101)

Country visits:
Eleventh mission: 23 to 30 October 1998
Twelfth mission: 9 to 21 January 1999
Report published: 26 February 1999

I. Eleventh and Twelfth Missions of the Special Representative of the Secretary-General for Human Rights in Cambodia - B. Twelfth mission (9-21 January 1999):

From 10 to 14 January, the Special Representative visited the highland province of Ratanakiri where he focused on the economic, social and cultural rights of the indigenous peoples, in particular the human rights aspects of logging and land issues. He visited the provincial hospital, a primary school and several villages. (para 12)

II. Major Issues and Recommendations - A. Politically related violence:

At that time, rumours were circulating in Phnom Penh that Vietnamese food-sellers had poisoned wine and that people had died as a result. There were no grounds for these accusations, but they stirred strong anti-Vietnamese feelings in the capital. A contributing factor was the anti-Vietnamese rhetoric frequently used by opposition speakers in their speeches during rallies. A popular opposition radio station broadcast an obviously fabricated interview with a young Vietnamese girl who “confessed” that she had received poison from Vietnam to put into the wine. (para 23)

C. Impunity, the police and the military:

COHCHR has also monitored and followed up numerous cases of illegal detention such as the arrest and detention on 12 November of 16 persons in Phnom Malai accused of having been involved in a rebellion and the detention in Ta Khmau of a teenager accused without evidence of being involved in the kidnapping and killing of a 9-year-old girl, who was released after his father allegedly paid a substantial bribe to the police. (para 50)

A matter of serious concern is the involvement of police and military personnel in criminal kidnapping for ransom. Police reports show that kidnappings occur almost every week in Phnom Penh, and are now also taking place in some of the provinces, including Kompong Cham, Siem Reap, Banteay Meanchey, Kampot and Battambang. Kidnappers normally not identified and arrested by the police who claim that victims will not cooperate out of fear of reprisals. Another type of case was reported on 26 January 1999 by a woman whose daughter was detained by a military policeman who said she would be released only if the woman paid US$ 300 to a brothel owner. With the assistance of LICADHO, COHCHR, the Department of Social Affairs and the district police, the young girl was found in the gendarmerie office in a district of Phnom Penh. A military policeman admitted keeping the young girl because she owed his brother money. He refused to release the girl until the money was paid. (para 51)

F. Prison conditions:

During his visit to the Ratanakiri prison in January 1999, the Special Representative met several under-age detainees, one of whom was only 13 years old. Children should not be detained under such conditions, even for a short time. On the other hand, transfer to the Youth Rehabilitation Centre near Phnom Penh may not be in their interest as this would reduce the possibility of visits by relatives. Also, there is no legal basis for the detention of minors in this centre. There is a need for a more radical and humane approach to the treatment of young delinquents. In this, the experiences of juvenile justice reform in other countries could be of benefit. (para 80)

H. HIV/AIDS:

HIV/AIDS is becoming a major threat to the right to life in Cambodia. Recent statistics indicate that 5,000 people have already died of AIDS, and a further 5,000 deaths are expected within the next 12 months. If the epidemic continues at its present rate, AIDS will soon become one of the leading causes of death among young people. By the year 2000, as many as 1,000 children will die each year of HIV/AIDS contracted from their parents, and 10,000 children will have become orphans. (para 89)

I. Women's rights:

Women members of ethnic minorities living in remote areas confront significantly greater health risks. During the Special Representative's recent visit to Ratanakiri, a province where more than 75 per cent of the population belong to ethnic minorities, he gathered information indicating that fewer than 20 per cent of the population receive antenatal care, with only 16 per cent fully immunized against tetanus. Seventy-eight per cent of births take place at home. Of a total of 839 births recorded by the health services in Ratanakiri in 1997, 26 children were stillborn and 3 women died, rates respectively four and five times higher than the national average recorded by the Ministry of Health's Planning Department in 1997. (para 97)

The use of tobacco (both cigars and pipes) is widespread among both men and women, and children start to smoke at an early age. Goitre due to iodine deficiency is common and cretinism is prevalent. The Special Representative commends the efforts of the Government and its partners to ensure that most salt will be iodized by the year 2000, and urges the authorities to ensure that this salt is in fact accessible to minority communities. He welcomes the outreach activities targeting minority communities, planned for 1999, in which vitamin A supplementation for children, intestinal parasite control and iodine supplementation for pregnant women and small children will be added to an intensified programme of malaria screening, treatment and prevention. (para 99)

 The Special Representative has commented in previous reports on the low levels of educational achievement among women and the very high rate of school drop-out rate among girls. He therefore welcomes the 1998 National Action Plan on Girls' Education, which identifies priorities and strategies to address the basic education needs of girls. The overall literacy rate of 55 per cent for women compares with a rate of 79 per cent for men; the disparity is even greater among the poorest and in the remote areas. As for school attendance, some 42 per cent of women over the age of 15 have never attended school, compared with 21 per cent of men. Current school attendance rates show that, by the age of 15, enrolment of boys is 50 per cent greater than that of girls. (para 100)

The distance from home and parents' fears for the security of their daughters are factors which discourage parents from sending their daughters to school. The lack of appropriate sanitary facilities is probably another factor preventing girls from going to school; official figures show that 72 per cent of the schools have no latrines. Girls are also asked to take care of their younger siblings while parents work. Nevertheless, those girls who are enrolled and manage to stay in school tend to show better performance than boys, with lower repetition rates and better test results. (para 101)

In remote areas, the problem of low enrolment and retention of girls in the school system is even more marked. The absence of dormitory accommodation makes it in effect impossible for children (whether boys or girls) to attend school in the towns where most schools are located. (para 102)

J. Children's rights:

In Cambodia, children under 15 account for 45 per cent of the population. The resulting high dependency ratio (the ratio of the non-working population to the working population) has serious consequences for the social and economic well-being of children, especially those in large families. (para 105)

Children's education and health status are of particular concern to the Special Representative. While the rights to education and health are protected by the Convention on the Rights of the Child, which Cambodia has ratified, many serious issues remain. Although huge efforts, well supported by the international community, have been made in recent years to establish and equip schools and train teachers, much remains to be done. About 50 per cent of the children who entered grade one in 1996/97 either dropped out of school completely or had to repeat the year. In subsequent grades, 30 to 40 per cent of the children failed to be promoted to the next grade. More than half a million children aged 6 to 11 are not in school. (para 106)

A general lack of trained teachers has a negative effect on all levels of the education system: the best trained are to be found in the secondary system, which few children ever reach. Teachers' performance is inevitably negatively affected by the inadequacy of their salaries, which led them to take strike action at all levels of the educational system in early 1999. (para 107)

The only language of education is Khmer, which contributes to high drop-out and repetition rates for children from minority groups. Only about 25 per cent of children entering the first grade in minority regions are promoted to the second grade, compared with a national (and already low) rate of 50 per cent. Many minority children in fact never attend school at all, although their parents state that they wish to see their children educated. In Ratanakiri, where 75 per cent of the population consists of minority groups, only about 1 in 10 of the children completing primary school is a member of a minority. The education system in Ratanakiri is further compromised by the unavailability of trained teachers, since few well-trained people are prepared to live in such a remote area, where the opportunities for supplementing their meagre incomes are limited. (para 108)

Given the limited access of the population in remote areas to the formal education system, the Special Representative commends the efforts of NGOs and the local authorities to promote non-formal education programmes for the minority communities, using volunteer teachers from the communities themselves and a curriculum reflecting the daily realities of their lives. He also notes the work currently in progress to transcribe those minority languages which exist only as spoken languages, and hopes that these transcriptions may help to overcome the difficulties faced by minority children in the formal Khmer-based education system. (para 109)

Government expenditure on education has fallen during the last decade. The Special Representative calls on the Government to redouble its efforts to ensure that all Cambodian children can avail themselves of their right to basic education, and to examine the possibility of reallocating to the education sector funds previously allocated to defence in view of the significant recent decline in threats to national security. According to provisional estimates, the defence sector in 1998 consumed 52 per cent of current expenditure, while the education sector received only 12 per cent. The Special Representative notes that the 1999 budget allocations indicate an increased share for education and hopes this will indeed be disbursed. He is also of the opinion that this area should be given priority in cooperation between Cambodia and international donors. (para 110)

The limited budget allocation for education has also been an additional handicap for children of poorer families. Although the Constitution states that education should be free for all, the costs are high. School fees, uniforms, stationery, books, transport and tutoring must all be paid for. A 1997 study showed that parents and the community bear 75 per cent of the real costs of education, with the State only contributing 13 per cent. The Special Representative welcomes the Government’s commitment to increase the share of GDP allocated to education to 3 per cent by the year 2002. (para 111)

Poverty contributes to the growing problem of children living in the street. Repressive measures are not the answer. The Special Representative has been informed about the frequent temporary detention and beating of street children by policemen. In early January COHCHR intervened with the commander of a district police station in Phnom Penh to recommend that he discipline three subordinates who had severely beaten seven boys aged 14 to 18. The boys were accused of having stolen a suitcase belonging to a policeman. (para 113)

Children are also among the people who are illegally arrested and detained in the efforts to “clean” the streets of Phnom Penh. Hundreds of people have, without being suspected of any criminal act, been rounded up by armed law enforcement officials and detained in a holding centre under the control of the Phnom Penh municipality. In December 1998 COHCHR met with the first Deputy Governor of Phnom Penh and expressed its concerns over these illegal arrests, the absence of any legal ground for using this particular facility as a detention centre, and the living conditions in the holding centre. The first Deputy Governor assured COHCHR that the holding centre would be closed and that the practice of illegally arresting and detaining people living in the streets would cease. The holding centre was, however, still in use at the end of January. (para 114)

III. Implementation of Recommendations:

Though the Government has recognised the need for major structural reforms in the field of human rights, this work has not yet come very far. (para 148)

Because of this, the emphasis on human rights in the new government platform of 23 November 1998, in which the coalition stated its intention to adhere to the principle of democratic pluralism and to respect for human rights as fundamental elements for social progress, takes on particular importance. The Government stated that it would ensure and protect the freedoms of the citizen guaranteed by the Cambodian Constitution, the Universal Declaration of Human Rights [...] and the Conventions on the Rights of the Child. (para 150)

The Prime Minister promised firm measures against corruption and abuse of power at all levels, including logging. The co-Ministers of the Interior and the governmental Cambodian Human Rights Committee were considering extensive reforms of the police. [...] In the social sector, the Minister for Women's Affairs and Veterans was developing a programme to combat, inter alia, trafficking, prostitution and the spread of HIV/AIDS. The Ministry of Education wanted to increase school attendance and, at the same time, improve the quality of teaching. (para 154)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Thomas Hammarberg

(A/53/400)

Country visits:
Eighth mission: 17 to 24 April and 2 to 13 May 1998
Ninth mission: 31 May to 5 June 1998
Tenth mission: 15 to 30 July 1998
Report published: 17 September 1998

I. Introduction:

In its resolution 52/135 of 12 December 1997, the General Assembly took note with appreciation of the report of the Special Representative on the situation of human rights in Cambodia, in particular his concerns for a legislative framework for [...] child prostitution and trafficking. (para 3)

II. Eighth, ninth and tenth missions of the Special Representative of the Secretary-General for Human Rights in Cambodia - B. Ninth mission, 31 May–5 June 1998:

Together with staff of COHCHR and an NGO with which the office is cooperating, the Special Representative visited the Youth Rehabilitation Centre near Phnom Penh where about 40 boys aged between 10 and 18 are detained. These boys are detained without any legal process and the reasons for their detention vary widely, from vagrancy to petty crime to discipline problems at home. COHCHR is financing a project which will set up a system of hearings which will establish a legal framework for the detention, or for a non- custodial alternative, for these boys. (para 23)

C. Tenth mission, 15–30 July 1998:

The Special Representative outlined priority areas for the attention of the newGovernment in drawing up its human rights programme: building an effectively functioning justice system and putting an end to the cycle of impunity, paying urgent attention to the rights of women, children and minorities. (para 27)

III. Issues of special concern - A. Protection against political violence:

In response to the Second Prime Minister’s agreement to the proposal made by the High Commissioner for Human Rights in January 1998, two experts in the field of criminal investigation visited Cambodia from 18 to 25 April to assess the progress made in the investigations into the 30 March 1997 grenade attack and the extrajudicial killings of July and August 1997. (para 30)

Their 41-page memorandum updated several instances of killings and missing persons described in a previous memorandum (21 August 1997). It analysed evidence concerning the alleged torture and execution of soldiers by military forces of the National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC) on 5 and 6 July 1997. It also provided verified evidence concerning an additional 42 instances of killings and 7 disappearances which appeared to be politically motivated: in all but six cases the victims were members of the FUNCINPEC party; 28 of the 49 victims were middle-ranking or senior police or military officers or soldiers affiliated or formerly affiliated with the party. [...] Five, including four children, were killed presumably because they were relatives of soldiers involved in the FUNCINPEC armed opposition. (para 32)

D. The rule of law and the independence:

Low salaries of court staff, detention in police custody exceeding the 48 hours authorized by law, disrespect for the pre-trial detention periods foreseen by law for minors [...] are other problems that continue to affect the establishment of the rule of law in Cambodia. (para 85)

In another documented case in Phnom Penh, three young boys aged 14 and 16 held in the Youth Rehabilitation Centre were whipped with an electric cable on several parts of the body by one known police officer and another official. This occurred in the presence of a group of children sharing their cell. A medical examination confirmed that the boys had been severely beaten. (para 96)

H. Women's rights:

One issue which ought to be a top priority for the new Government is education for women. The Special Representative commends the efforts made so far by the Ministry of Education, NGOs and United Nations agencies such as [...] the United Nations Children’s Fund [...] to try to improve access to education and its quality through the reform of the national curriculum, the development of new textbooks and manuals, the training of teachers and the building of new schools. However, in 1998, the Ministry of Education was allocated only 6.59 per cent of the national budget. Programmes targeted at improving the school attendance of girls should be reinforced. Special attention should be given to addressing the high drop-out and low enrolment rates of girls at secondary and tertiary levels. Scholarships should be awarded to girls in difficulties. (para 111)

I. Rights of the child:

Cambodia has one of the youngest and fastest-growing populations in Asia. Children under the age of 14 account for 44 per cent of Cambodia’s population. Improving children’s access to quality education, improving the provision of health care for children, and protecting vulnerable children, in particular those caught up in prostitution and working children, remain challenges for Cambodia. (para 118)

In February 1998, the Global March Against Child Labour passed through Cambodia. Government officials, NGOs, 550 Cambodian children and 47 other children participated in the Cambodian segment of the march; two Cambodian children participated in the entire march until it reached Geneva. Child labour in Cambodia remains a serious concern. Thousands of children are working as prostitutes, porters and workers in quarries, slaughterhouses, construction and brick factories. An example of the abuse of child labour is the case of a 14-year-old Cambodian girl working in a brick factory who lost her right arm and part of her shoulder when she was loading wet clay into a crushing machine and slipped. Children working in rubbish-dump areas suffer health problems and have less chance to get an education. Many children, in particular girls, work for their families, which can affect their school attendance. Household survey data suggest that about 18.2 per cent of children aged 5-17 work for pay or in family enterprises. The Special Representative calls upon the Government to ensure adequate safety conditions for working children and to outlaw those forms of child labour which are not acceptable. (para 119)

Trafficking of children and women for the purpose of prostitution continues. The crackdown on brothels that occurred on a large scale in Phnom Penh in November 1997 and in Battambang in mid-January 1998 resulted in the closure of many brothels. According to the Inspectorate for Social Labour, 33 brothel owners have been arrested since the crackdown in Phnom Penh. The Cambodia office confirmed that, as of July 1998, 7 out of the 33 arrested had been tried and sentenced to 3-10 years’ imprisonment; 15 others were awaiting trial at PJ and T-3 prisons in Phnom Penh. Many of the closed brothels became cafés, massage parlours or karaoke bars, continuing the prostitution business. NGO workers report that most of the child prostitutes are no longer visible, but are hidden until a client makes a request and agrees on the price. From November 1997 to July 1998, 563 prostitutes were taken out of the brothels in Phnom Penh; 175 of them were under 18 years old, and some were as young as 11. Many had been kept locked up, tortured and beaten in order to force them to have sex with customers. The majority of them were of Khmer origin. (para 120)

With the concern over HIV/AIDS, many “customers” seek virgins or very young girls. The price of a virgin varies from $50 to $300. Thirty per cent of the estimated 15,000 prostitutes in Phnom Penh are under-age. Most come from poor provinces such as Prey Veng, Svay Rieng, Kandal and Kompong Cham where they are deceived and sold into prostitution. Allegations of collusion between brothel owners and authorities, including the police, have also been received by COHCHR. (para 121)

In June 1998, following an investigation by ADHOC, one of the biggest brothel owners in Poipet, a town near the Thai border, had been arrested for the torture and murder of a young woman who refused to have sex with customers. Ten prostitutes witnessed the beating to death of the victim. Three of them were able to escape from the brothel owner and informed ADHOC and the police about the murder. (para 122)

The Special Representative commends the arrest and prosecution of alleged brothel owners. Progress in the implementation of the Law on Suppression of Kidnapping, Trafficking and Exploitation of Human Persons is, however, slow and limited compared to the scale of the prostitution business. Many brothel owners avoid arrest and prosecution because of protection by officials. Some brothel owners in Kompong Cham and Kompong Som provinces reportedly told NGO workers that they usually pay $150 to $200 to policemen to avoid “disturbance”. In Svay Pak, a brothel area of Phnom Penh, it is the practice to give $600 to the police in order to open a café or bar that provides prostitutes to clients, then $100-$200 every month thereafter. Unless the problem of police and military protection of brothel owners is tackled seriously, the crackdown on brothels will have limited impact. (para 123)

Poverty and violence in the home often drive children onto the streets. Although no precise data are available, it was estimated by NGOs working with children that there were more than 10,000 street children in Phnom Penh in 1997. Most of the children come from poor areas of provinces such as Prey Veng, Kandal, Kompong Cham and Svay Rieng. A recent phenomenon is the use of drugs, including glue and amphetamines, by street children. Street children are the targets of policemen who often beat them, arrest them and release them on the condition that they provide money varying between $15 and $20 every month. They are also easy targets of sexual abuse and exploitation. (para 124)

The Special Representative supports the work of NGOs and others to assist street children. Programmes aiming at assisting their families, alleviating their poverty and caring for their health and physical security should continue to receive particular attention. Adequate funds should be made available for the Ministry of Social Affairs and local NGOs to enable them to continue and strengthen programmes aimed at finding a durable solution to the problem of street children. (para 125)

In June 1998, 40 children were residents in the Youth Rehabilitation Centre, near Phnom Penh. The number of children held there varies from month to month. According to one NGO working with the children there, the conditions of detention have improved slightly. Children are given basic education, HIV/AIDS awareness and medical care by the NGO Organization Friends. Following a seminar on juvenile justice earlier this year, in which government officials participated extensively and expressed their interest in improving the Centre, the NGO Legal Aid of Cambodia (LAC), in cooperation with governmental authorities, has started a programme aimed at introducing regular and systematic judicial review of all cases involving children detained in or brought to the Centre. Up til now, children have been taken to the Centre for periods exceeding three months without being formally charged. The Special Representative visited the Youth Rehabilitation Centre in June 1998. He welcomes the cooperation between the authorities at the Centre and the local NGOs to improve the condition of the detained children and to set up basic procedures to deal with delinquent children. He continues to recommend the development of non-custodial alternatives and rehabilitation programmes. He especially recommends that children currently detained in provincial prisons be separated from adult prisoners and that adequate provision be made for them if they must remain in custody. (para 126)

IV. Implementation of new and previous recommendations:

The Special Representative is concerned about the lack of progress in the field of women’s rights. The rate of girls dropping out of school is high, especially at secondary level. (para 146)

Major efforts are needed to promote and ensure the rights of the child in the field of education, to reform the system of juvenile justice, to end the practice of recruiting minors into the armed forces and to combat other hazardous child labour, including child prostitution. (para 147)

There have been further police actions against persons organizing prostitution, including child prostitution, but additional measures are needed to protect young people from being exploited and to rehabilitate child prostitutes. The Special Representative is particularly concerned about the incidence of HIV infection among prostitutes, including young ones, and the inadequacy of preventive and social measures to address this acute problem. (para 148)

Cambodia has ratified all six major international human rights instruments. It has now submitted reports on the implementation of three of these: the International Convention on the Elimination of All Forms of Discrimination, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. (para 150)

VI. Role of the United Nations High Commissioner for Human Rights in assisting the Government and the people of Cambodia in the promotion and protection of human rights:

To carry out its mandates to stimulate human rights activities at the local level, promote civil society and provide support to bona fide NGOs, the Cambodia office provided grants amounting to $300,000 to the provincial and subprovincial offices of the major Cambodian human rights NGOs. Utilizing funding provided by the Government of Denmark, additional grants totalling more than $300,000 were provided to NGOs working in the field of human rights education and the promotion and protection of the rights of women, children and ethnic minorities. Danish funds will also be used to strengthen COHCHR’s activities to combat child trafficking and sexual exploitation, which will be undertaken in collaboration with UNICEF and Cambodian and international NGOs. (para 169)

 

Special Representative of the Secretary-General for Human Rights in Cambodia, Mr. Thomas Hammarberg, submitted in accordance with Commission resolution 1997/49

(E/CN.4/1998/95)

Country visits:
Sixth mission: 30 November to 6 December 1997
Seventh mission: 18 to 30 January 1998
Report published: 20 February 1998

Introduction: 

The Commission on Human Rights, in resolution 1997/49 of 11 April 1997, took note with appreciation of the Special Representative’s report on the situation of human rights in Cambodia, in particular his concerns about [...] child prostitution and trafficking [...]. (para 3)

Since the meeting of the Commission on Human Rights in April 1997, the General Assembly adopted resolution 52/135 on the situation of human rights in Cambodia in which it requested the Secretary-General, through his Special Representative, to assist the Government of Cambodia in ensuring the protection of the human rights of all people in Cambodia. The Assembly took note with appreciation the report of the Special Representative (E/CN.4/1997/85), in particular his concerns about [...] child prostitution and trafficking. (para 8)

I. Sixth and Seventh Missions of the Special Representative of the Secretary-General for Human Rights in Cambodia - A. Sixth mission, 30 November-6 December 1997:

The Special Representative met with a wide range of people, including [...] NGOs working on the rights of children and women. (para 13)

The Special Representative was briefed by NGOs working in the area of children’s rights on the recent police efforts in cracking down on prostitution in Phnom Penh and on some of their concerns about the effectiveness of the approach. (para 19)

The Special Representative took note of some positive developments: the approval and submission of three reports to human rights treaty bodies, the Committee on the Rights of the Child (CRC), the Committee on the Elimination of Racial Discrimination (CERD) and the Human Rights Committee, the convening of the first meeting of the Supreme Council of Magistracy in December 1997, and the progress made in the electoral process. (para 21)

B. Seventh mission, 18-30 January 1998:

Issues discussed at the Special Representative’s meetings focused on the problem of impunity, the organization of the elections, the exploitation of prostitution of women and children, the problem of trafficking in persons, and labour rights. (para 25)

With regard to the exploitation of the prostitution of women and children, the Special Representative met with the Deputy Mayor of Phnom Penh and also talked with a number of NGOs working for the protection of children and women’s rights. The Special Representative noted the recent efforts of the Government in cracking down on brothels in major cities and its increasing cooperation with NGOs working on combating the exploitation of prostitution and trafficking of women and children. The Special Representative expressed the need for a comprehensive and long-term strategy so that the crack-down efforts did not result in driving the problem underground. The Special Representative learned that large-scale prostitution still existed in covert forms such as dancing and karaoke clubs, where prostitutes were rendered even more vulnerable without access to NGOs and health workers. The Special Representative was alarmed by the increasingly high rate of HIV/AIDS infection among prostitutes and noted the important role of education in this regard. He discussed with United Nations agencies and other international organizations about joining their efforts to combat the exploitation of the prostitution of and trafficking in women and children. (para 29)

II. Issues of Special Concern - D. Rule of law, independence of the judiciary and administration of justice:

Another problem relates to the pre-trial detention of minors between 13 and 18 years of age. The length of their detention should not be longer than one month and another month if the minor is charged with a crime. The Special Representative was, however, informed that excessive pre-trial detention periods for minors are very common. Cases of minors less than 13 years of age, who should not be placed in pre-trial detention, were also brought to the attention of the Special Representative. In Kompong Cham two young children, aged 9 and 10, were arrested in September 1997 on a charge of theft, and spent some 10 days in prison. (para 87)

F. Prison conditions:

The Special Representative received reports that a group of prisoners in Kampong Cham prison, who had attempted an escape, were shackled for several days and nights in October 1997. Three cases of shackling in Sihanoukville prison were also reported to the Special Representative. One case concerned a 12-year-old minor who, according to the report, was handcuffed 24 hours a day from 16 to 25 October 1997 on the grounds that he was a troublemaker and had stolen a cigarette. Thereafter he had been handcuffed 17 hours a day for another 11 days. (para 101)

G. Labour rights:

The number of work-related accidents is high. Conditions are also severe in rubber plantations, where in many cases whole families, including young children, work together in order to survive. (para 109)

H. Women's rights:

The Constitution of Cambodia protects women against all forms of discrimination and prohibits the exploitation of women in employment and exploitation of women by prostitution (arts. 45, 46). The Constitution states that Cambodia “shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human Rights, the covenants and conventions related to human rights, women’s and children’s rights” (art. 31). (para 113)

Educational opportunities diminish for many girls as they grow up. (para 114)

The key to the empowerment of women is education. In fact, available statistics indicate that girls have a lower repetition rate at schools and that their education, particularly at post-primary levels, has higher returns. However, when resources are scarce, opportunities for continuing education are often reserved for boys, while girls are kept at home to care for siblings or work. This explains why girls have higher drop-out and lower enrolment rates, especially in secondary and tertiary education. The disparity between men and women in adult literacy is important, with only 50.9 per cent of females being literate, compared with 85.1 per cent of males, according to recent national surveys. Education is essential for the realization of women’s rights and the Special Representative recommends that the Government take the necessary steps to protect and reinforce the right to quality education at all levels and to ensure equality in education for all citizens, as stipulated in the Constitution. (para 117)

The Constitution states that “the law guarantees there shall be no physical abuse against any individual. The law shall protect the life, honour and dignity of the citizens” (art. 38). Despite this legal provision, much remains to be done to combat violence against women in all its forms, from widespread domestic violence to growing prostitution and abduction, trafficking in women and children, and rape. (para 118)

Cambodia has one of the highest fertility and infant mortality rates in the region. (para 123)

The Special Representative notes the constitutional responsibility of the Government for the care of children and mothers and to establish nurseries and help support women and children who have inadequate support (art. 73). (para 124)

I. Rights of the child:

Approximately 30 per cent of the estimated 15,000 prostitutes in Phnom Penh are minors. The real number may be higher as prostitution occurs in other places than brothels, such as nightclubs, massage parlours and karioke bars. The young victims have been trafficked or lured into prostitution because of poverty. Most of them come from rural areas of Cambodia, others come from Viet Nam. NGO workers have reported that young Vietnamese prostitutes have been repatriated back to their families in Viet Nam, suggesting that there are active trafficking networks from Viet Nam into Cambodia. (para 125)

In one province bordering Thailand, a staff member of the Cambodia office and the staff of a local human rights group witnessed an offer to sell a young girl of about 14-15 years old, for a period of one week, to a government official for 10,000 bahts (about US$ 200 at the current rate). The girl was being sold by her mother through an intermediary in a popular restaurant. Attempts to protect the girl failed. In the same province, large-scale prostitution of young women, among them children, took place in a newly built hotel owned by a high-ranking government official. Most of the clients were soldiers. The Special Representative has received a great number of similar reports indicating that child prostitution is tolerated by some officials. (para 126)

The Municipality of Phnom Penh organized a crackdown on brothels in November 1997 in various districts of the city. More than 100 child prostitutes were taken away from the brothels and placed in shelters run by NGOs. Some brothel owners were detained, at least temporarily. Further raids followed. As of January 1998, according to NGO sources and the Municipality, 317 prostitutes had been freed in Phnom Penh, 107 of whom were under 18 years old. Some 30 brothel owners were arrested and 3 of them have been sentenced. There was a similar crackdown in Battambang province in mid-January which resulted in the release of 67 prostitutes who were referred to local NGOs. By the end of January, only a few women remained with the NGOs. (para 127)

The Special Representative welcomes the commitment of the Cambodian authorities to tackle the problem of prostitution and sex trafficking, as well as the cooperation between NGOs and the authorities. However, a negative trend is that prostitution is now going underground, making it more difficult to investigate abuses and reach out with programmes for the prevention of sexually transmitted diseases, including HIV/AIDS. The Special Representative remains alarmed by the high rate of HIV/AIDS among prostitutes. It is estimated that almost half of them are HIV positive. This concern was shared by the Deputy Mayor of Phnom Penh, during his meeting with the Special Representative in January. NGOs reported that the brothels are reopening as massage and karaoke bars. They also raised concerns that some released victims were taken back by the brothel owners, therefore possibly aggravating the dependency of the victims on the brothel owners. (para 128)

The Special Representative also conveyed to the Deputy Mayor his concern about reports of police abuses during the raids, and reported threats and harassment of NGO staff working at the shelters. As most of the brothel owners are armed and some have police or military protection, there is a need for action by the authorities to protect NGO staff and girls who have been freed. The Municipality acknowledged these problems and promised to continue to take appropriate action. The issue of police behaviour during the raids raised again the need for a better trained police force to deal with problems relating to trafficking and prostitution of children and women. The Special Representative recommends that further assistance be provided to NGOs. Important programmes are run by the Cambodian Women's Crisis Centre (CWCC), the Cambodian Centre for the Protection of Children's Rights (CCPCR), Action pour les femmes en situation précaire (AFESIP) and Sok Sabay. An NGO Action Committee on Child Exploitation has been established to coordinate investigation of and provide services to victims of sexual exploitation. (para 129)

Important work is also being done by NGOs for the improvement of children's and women's health, in particular in relation to HIV/AIDS. Appropriate shelters or centres should be created to assist victims of HIV/AIDS and to help prevent discrimination against them. The Special Representative recommends that more coordinated action and cooperation be put in place among United Nations agencies and international organizations. For this purpose, the Special Representative has requested that international organizations, including UNICEF, UNDP, WHO, ILO, the International Organization for Migration (IOM) and the Cambodia office, coordinate their efforts to help the Cambodian authorities and NGOs to combat sex trafficking, prevent the spread of HIV/AIDS and assist victims. (para 130)

Child labour remains a problem. It is estimated that there are more than half a million child workers in Cambodia. Children are exploited as construction and factory workers, domestic servants, fish processors or street vendors. The Special Representative recommends again that Government authorities, NGOs and United Nations agencies put in place a coordinated programme so as to identify priorities and measures to end the most intolerable forms of child labour. (para 132)

Children driven into the streets of the major cities end up begging, stealing, or are trapped into prostitution and subjected to physical abuse and disease. It is estimated by NGOs that there are more than 10,000 street children in Phnom Penh alone, the majority of whom come from the provinces. The Special Representative encourages more preventive efforts at the provincial level but also stresses the need for awareness programmes in order to reduce child exploitation, ideally with participation of children themselves. The Global March on Child Labour which passed through Cambodia in early February 1998 was a useful reminder of the urgency of this problem. (para 133)

Another form of child exploitation is the recruitment of children as soldiers. Cambodia is a party to the Convention on the Rights of the Child which obliges States parties to take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities. The 1997 law on general statutes for the military personnel of the Royal Cambodian armed forces stipulates that military personnel must be at least 18 to be appointed. However, minors are recruited as soldiers and to carry war material or provide other services for the military. No statistics are available, but the Cambodia office, NGOs and journalists have come across numerous cases. Since the fighting in July 1997 and the subsequent organization of resistance forces in areas bordering Thailand, it appears that the number of child soldiers has increased in both warring factions. Child soldiers have been taken to the front lines, risking their lives like other soldiers and exposing themselves to shooting, shelling, landmines and malaria. On 21 July 1997, an Australian defence attaché reported in an interview with a local newspaper that he had interviewed 17 young CPP soldiers at Siem Reap military hospital, and said that the number of boy soldiers was alarming. He visited only CPP units, but stated that resistance units also used child soldiers. NGO workers also saw several child soldiers in Siem Reap and Bantey Meanchey provinces during July and August 1997. They were able to interview some of them in Siem Reap and Phnom Penh hospitals in August 1997. Child soldiers are mostly from very poor families or are orphans. They enter the army either voluntarily to get food, accommodation and to earn some money for their family, or may have been drafted by force. (para 134)

The Special Representative expresses grave concern about reports by human rights workers and soldiers in December 1997 of alleged forced conscription of boys as young as 8 or 10 forced to join the army during raids on villages in Oddar Meanchey province by government forces who demanded payment from parents in return for an exemption from the unofficial draft. The Special Representative encourages public authorities and national as well as international organizations to give more attention to the problem of child soldiers and contribute to their demobilization and rehabilitation into normal life. (para 135)

The Special Representative met children during his visits to Cambodian prisons, some as young as 14. Currently, there are no separate detention centres for convicted juveniles. The Youth Rehabilitation Centre outside Phnom Penh detains a mixture of street children, child victims of trafficking and prostitution, and unconvicted delinquent juveniles. The Special Representative was informed that the Ministry of Justice has provided lists of convicted children to the Youth Rehabilitation Centre. However, in view of the poor living conditions in the Centre, as reported by the Legal Aid of Cambodia and a Cambodia office team that visited in September 1997, no minor should be transferred to the Centre before clear improvements are made. The Special Representative has also been informed that children under 13 are held in pre-trial detention, which is in violation of the law. Likewise, it has been reported that the pre-trial detention of minors who are 13 and older in a number of cases has been longer than the legal maximum of two months. (para 136)

The Special Representative recommends a thorough review of the Government's policy towards juvenile justice. Non-custodial alternatives should be developed. For minors who are deprived of their liberty, arrangements should be made to enable relatives to visit. Young prisoners should be separated from adults and be given special attention and a chance at an education. The living conditions in the Youth Rehabilitation Centre need upgrading and rehabilitation programmes should be developed for convicted juveniles. (para 137)

J. Trafficking in human beings:

The Special Representative has received reports of large-scale trafficking of human beings in the south-western province of Koh Kong. Organized networks were discovered operating from Dang Tung and Bak Klang in the province; they were selling young men to work in Thailand under slavery-like conditions. In mid-December 1997, the Cambodia Office and LICADHO were informed of the existence in Koh Kong of up to 100 young men and boys awaiting transportation to Thailand. The allegations were investigated; interviews with local people and victims of trafficking who had returned from Thailand confirmed the allegations and made clear that this trade had been in operation for at least two years. Many people in the area knew about the trafficking and other victims, including children, had been found. It was reported that some policemen were directly involved. (para 138)

At the time of discovery of the network, it was estimated that hundreds of people were being trafficked to Thailand every month. The victims were usually young men in their teens or twenties, desperate, mostly illiterate, and vulnerable to the lure of promised employment over the border because of the pressure of poverty. The young men and boys found in Koh Kong come from various provinces in Cambodia, and had for the most part been approached by traffickers in their home villages. (para 139)

The traffickers exploit the ignorance and poverty of their victims to persuade them to go. Some village boys are encouraged by their own families, and awareness of the prospects in such circumstances seems to be low in many areas of the country. One village chief told the staff of the Cambodia office that he had tried to warn his fellow villagers not to respond to such offers of work, but with little success. [...] Traffickers usually sell the victims to Thai recruiters for around 1,000-4,000 baht (about $20-80), depending on the strength and physical condition of the individual. Often victims cannot be sold immediately, in which case they are compelled to remain in Koh Kong and find work to survive, often physical labour for the traffickers in conditions of semi-slavery. (para 140)

III. Implementation of New and Previous Recommendations:

The Special Representative is concerned about the lack of progress in the field of women’s rights. The drop-out rate of girls from school is high, especially at secondary level. (para 164)

The Government has submitted its report on the implementation of the Convention on the Rights of the Child. Major efforts are, however, needed to remedy problems in the field of education, to reform the system of juvenile justice, to put an end to the practice of recruiting minors for the armed forces and to combat other hazardous child labour, including child prostitution. (para 165)

There have been police actions against persons organizing prostitution, including child prostitution, in Phnom Penh but further measures are needed to protect young people from being exploited and to rehabilitate children who have gone through such an ordeal. The Special Representative is particularly concerned about the frequency of HIV infection among prostitutes, including young ones, and the lack of preventive and social action to address this acute problem. The Special Representative has had constructive cooperation with the Ministry of Interior on the issue of trafficking in persons. During his visit to the province of Koh Kong in January 1998 the provincial authorities promised strong intervention against such criminal trade in human beings. (para 166)

IV. Concluding Remarks:

During his visits the Special Representative met with the Representative of the Secretary-General for Cambodia, Mr. Lakhan Mehrotra, and other key representatives of the United Nations system, including UNDP, UNICEF, UNHCR, WFP, ILO and UNESCO.[...] In January 1998, the Special Representative discussed with UNICEF, WHO, ILO, IOM and UNDP the possibility of establishing an inter-agency task force to coordinate international support for Cambodian efforts to combat child prostitution and trafficking. (para 170)

 

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