107. The Royal Government will continue to strengthen the rule of law, good governance, promote the respect for law, and ensure the effective and equal enforcement of laws for all citizens by strengthening the legislative, executive and judicial bodies so that they could effectively fulfil their roles and duties with accountability in accordance with the will and aspirations of the people. The Royal Government will continue to fight against violations of law, impunity, corruption, violence, human and drug trafficking, crimes, and all kinds of discrimination through the deepening of comprehensive state reforms.
108. The Royal Government will continue to ensure full justice for the Cambodian people through the established Extraordinary Chambers in the Courts of Cambodia under Cambodian laws to try the top Khmer Rouge leaders for the crimes committed during the Democratic Kampuchea regime.
109. The Royal Government will continue to pursue sound, equitable and efficient management, distribution, and utilization of land by strengthening land registration and grant land titles to assure the security of land tenure; eradicate the anarchic and illegal land encroachment (including in lakes, forests, flooded forests, beaches, mountains and islands); prevent the concentration of unused or unproductive land; and resolve land disputes in a transparent and just manner. It will conduct rigorous studies before granting economic land concessions and strengthening concession management in accordance with laws, regulations and contracts.
The Royal Government promotes the distribution of land under the framework of social land concessions to poor people without land as well as increasing public investments to create favourable living conditions for those who have been granted new land. The Royal Government will pursue the demarcation of Khum/Sangkat administrative borders and will design a national development strategy for cities and urban centres. It will continue to implement the policy of tax exemptions on agricultural lands used by households.
110. The Royal Government is firmly committed to achieving the objective of “Education for All” by creating favourable environment to ensure equal access by all Cambodian children and youth to a quality education, regardless of their social status, geographical area, ethnic group, religion, gender or physical disability. The Royal Government is determined to achieve the objectives—all children are able to finish primary school by 2010 and 9-year basic education by 2015—by bringing more schools close to the people.
111. The Royal Government will further promote development of health sector to enhance efficiency, equity and sustainability of health services for people. The Royal Government will increase the health budget and continue to build more referral hospitals, health centres and health posts. The Royal Government will improve social services for vulnerable groups such as the poor, victims of natural or other disasters, neglected elderly, orphans, homeless people and
people with disability, etc., in order to improve their living conditions and create a favourable environment to connect them to the mainstreams of socio-economic development. Also, the Royal government will create a favourable environment for vulnerable groups to increase access to education, skills training and employment opportunities. It will strive to implement the policy of upgrading the living standards and increasing the participation of veterans and retired civil servants, especially at the grassroots level. To achieve this long-term goal, the Royal
Government will establish a social security system for government officials, members of the armed forces, workers, employees and Cambodians from all walks of life as envisioned in the Financial Sector Development Strategy 2006-2015.
112. The Royal Government will continue to improve working conditions for workers and employees governed by the provisions of the Labour Law to be in line with the pace of socio-economic development and international labour standards, in particular, to continually review requests to increase the minimum wage and to reduce working hours in light of prevailing national and international economic environment, market competition and the need to enhance a favourable climate for investment. At the same time, the Royal Government will strengthen the freedom of Trade Unions in order to ensure that they represent the legitimate interests, and truly function for improving their plight and working conditions, of workers and employees.
113. The Kingdom of Cambodia appreciates the support provided by the international
community to Cambodia on human rights. It is hoped that all friendly countries and international Organizations, including civil societies (NGOs) shall share with us their good experiences and practices with recommendations during this UPR process and thus provides us with further technical assistance so as to enhance the institutional capacity of human rights in Cambodia and thus to advance the democratic society for the sake of peace, stability, progress and prosperity.
Notes
1 The UN departure did not resolve all the problems, including national reconciliation inside the country. The achievements of full peace and stability of Cambodia have been made possible over the last decade due to the win-win policy of the Royal government.
2These laws comprise, among others: Suppression of Gambling, Land Management, Urbanization and Construction (23/05/1994), Organization and Functioning of the Council of Ministers (19/07/1994), Investment (04/08/1994), Immigration (26/08/1994), Co-statutes of Civil Servants (21/10/1994), Organization and Functioning of the Supreme Council of Magistracy (22/12/1994), Commercial Procedures and Registration (03/05/1995), Commercial Chambers (16/05/1995), Statutes of Bar (15/06/1995), Press (18/07/1995), Retirement Pension and Benefits for Soldiers of the Royal Cambodian Armed Forces with Incapability (18/10/1995), Suppression of Kidnapping, Trafficking, Sale and Exploitation of Human Persons (29/02/1996), Law on Nationality (20/08/1996), Environmental Protection and Natural Resources Management (18/11/1996) Drug Control (09/12/1996), Management of Pharmaceuticals (09/12/1996), Labour Law (10/01/1997), Law on the Elections of the Members of the National Assembly (1997-2002), Law on the Election of Commune Councils 2001.
At present Cambodia have 185 judges, of which 21 are females and 163 are practicing judges, 17 being females.
There are 34 prosecutors. There are 53 deputy prosecutors and 52 practicing prosecutors, of which one is female.
There are 2 Prosecutor Generals, 1 female and 2 deputy Prosecutor Generals. Until 2009 Cambodia has 656 lawyers (of which 113 are females, 487 are practicing lawyers, 90 are females; and 74 lawyers who are under the courses, 10 females).
3 Preliminary derived analysis of data from the smaller scale 2007, Cambodia Socio-Economic Survey estimates of more than 1 percentage point per year. Poverty level has declined at all sub-national levels: in Phnom Penh (0.8 per cent from 4.6 per cent), other urban areas (21.9 per cent from 24.7 per cent) and rural areas (34.7 per cent from 39.2 per cent), decreasing by about 16 per cent). On present trend, much more concerted efforts would be needed to reduce overall poverty levels to 25 per cent by 2010 and 19.5 per cent by 2015. Urgent measure are necessary to be
taken to ensure safety nets for the most vulnerable through subsidies and targeted labour intensive work l food for work programs. In general, the poverty reduction rate has declined from 35 per cent in 2004 to around 30 per cent in late 2007.
4 With the RGC assistance, there is an increase in the number from 9,526 Cambodians to be working abroad in 2007 as compared to 2006 figure of 3,636.
5 Article 261 in the labour Law states in: “No foreigner can work without the labour ID card and registered book issued by the Ministry of Labour”.
6 This right is guaranteed and protected by article 36.5 of the Constitution: “Cambodians (males and females) have the rights to create trade unions and participate in the trade unions”. Article 271 of the Labour Law stated that: “All labourers regardless of sex, age, nationality have the rights to participate in the professional trade unions of their free choice”.
7 Cambodia extends its bilateral cooperation on sending workers to foreign countries (such as Thailand, Malaysia, and South Korea) with the aim of strengthening capacity, skills and trainings. Cambodian workers in Malaysia accounts for 10,670 workers, Thailand account for 6,114 workers, and the Republic of Korea account for 4,038 persons. Meanwhile, the Royal Government had cooperated with Thailand to identify and issue ID cards for Cambodian workers who worked illegally in Thailand to become legal workers for 46,300 workers.
8According to article 44 of the Constitution, “All persons, individually or collectively, shall have the right to ownership. Only natural persons or legal entities that have Khmer nationality shall have the right to own land. Legal private ownership shall be protected by law. The right to confiscate properties from any person shall be exercised only in public interest as provided for under the law and shall require fair and just compensation”. Foreigners who have no Khmer nationality shall not be allowed to have the right to own land.
9 The required policy and legal framework for effective implementation of the Land Law has been developed and approved over the year in view of historical, political, economic, and social dimension of land issue, such as:
Sub Degree on State Land Management; Guiding Circular Illegal Land Occupancy of State Land; Prakas on Identification, Mapping, Classification of State Land; the Inter-Ministerial Prakas on Strengthening of Cadastral Commission; Joint Prakas on the Mechanism for Agricultural Dissemination Service Delivery for Social-Land-Concession Using Farmers; Joint Guidelines on Strengthening of Performance of all level of Cadastral Commissions; etc. Further, other related works are under way such as drafting the Policy on Land Evaluation.
10Article 5 of Land Law stated that: “No person may be deprived of his ownership, unless it is in the public interest.
An ownership deprivation shall be carried out in accordance with the forms and procedures provided by law and regulations and only after the payment of just and equitable compensation.”
11 The indigenous minorities who benefited from this policy of this land ownership are Phnong, Kouy, Cha’s ray, Kroeng, Proav, Snang, Kraol, Meorl, Kra Chus, Pour, Khoun, Chorng, Stouy, Sa’Ouch, Rodeor, Khek, Ro’Ang, Spoung, Loërn, SamRe, and other indigenous peoples of about 1 per cent of the total population. In compliance with the act issued by the Ministry of Labour and Vocational Training, the labourers and employees will receive:
Medicare for injuries caused by work accidents at hospitals or at the contracted health clinics of the National Social Security Cash Box free of charge, Allowances for provisional loss of work competency including wages while being treated in hospitals and holidays after treatment specified by doctors. Retirement benefits funds that will be provided for work accidents that causes the loss of work competency from 20 per cent upward. Allowances for the death of the person who is the victim of work accidents; allowances for the body cremation of a person who is the victim of work accidents.
12 In compliance with the act issued by the Ministry of Labour and Vocational Training, the labourers and employees will receive: Medicare for injuries caused by work accidents at hospitals or at the contracted health clinics of the National Social Security Cash Box free of charge, Allowances for provisional loss of work competency including wages while being treated in hospitals and holidays after treatment specified by doctors. Retirement benefits funds that will be provided for work accidents that causes the loss of work competency from 20 per cent upward.
Allowances for the death of the person who is the victim of work accidents. Allowances for the body cremation of a person who is the victim of work accidents.
13The Social Security System provides support with the allowances for retired government officials, namely for those who are professionally disabled, maternity holidays, illness, work accidents, and demise. Up to 2007 there are 26,486 retirees (3,527 dead), 6,217 have lost their professionalism (1,376 dead), wives of retirees are 9,341 and
children of retirees are 17,594. The Royal Government spent annual budget of 28,043,225,700 Riels for the Social Security Regime. Up to 2007 all types of veterans are 89,184 and their children 305,553 that the Royal Government has to allocate the national budget of 52,028,763,852 Riels to assist them and are giving them with Social Land Concession; build 240 houses for them by arranging them as a model village at a bordering region of Kampot and Kompong Speu provinces. In particular the Royal Government has spent US$ 1 million to build houses for amputees in Siem Reap province as well. Veterans include handicaps, retirees, those who lost their work competency, and families of the dead soldiers are about 90,000 including 30,000 dependents that the Royal Government has to provide with the Social Security Regime to support their livelihoods. At present, the Royal Government has constantly improved the policies toward the veterans in accordance with the national budget such as: provide first time support allowances for handicaps; provide monthly wage for the families of the dead who still have parents or caretakers, wife or husband of 3200 Riels per person.; modifying the monthly wages for wife or husband of the handicaps, retirees, and those who lost their work competency from 3,000 Riels to 6,000 Riels; provide 20,000 Riels of livelihood allowances per month for handicaps, retirees, and those who lost their work competency from July 2008 to December 2009. In the 4th mandate of the National Assembly the Royal Government has pushed to establish the Social Security Regime for Veterans as well. The Royal Government has also paid attention to the Social Security for the vagabond wanderers and beggars through the creation of a National Committee and Sub-National Committee to tackle the problems of vagabond wanderers and beggars that the Ministry of Social Work, Veterans, and Youth Rehabilitation had created 6 points of strategies and plans of actions for solving the relevant problems based on humanitarian basis. In the past 5 years, 4,784 insane vagabond wanderers were gathered and provided with provisional shelters in the Social Centers. They are provided with educational services and health care, short course training for skills and psychological support including financial support so that they can reintegrate themselves into their own communities. At the same time the Royal Government has also paid attention to the Social Security for handicaps. The Kingdom of Cambodia have 11 Rehabilitation centers for handicaps and 2 workshops which are being active that have provided 19,853 artificial legs, 64,317 artificial arms, 9,551 shouldered canes, 4,985 armed canes, and provide treatment by movements for 57,227 handicaps. 59,240 handicaps had received skills training from these centers without payment and they were provided with accommodation and travel expenses as well. The Royal Government had set up 7 Handicaps Vocational Training Centers. 4,061 handicaps are being trained with 15 diversified skills. The Centers have also trained 1,147 handicaps for collective work programs. At present 3,015 handicaps possess their own businesses and others have received jobs in various private companies. Policy for the old-aged persons has been established and undertaken. “The First October Old Person Day” is observed to pay gratitude for old persons. There are 331 old person associations for mutual help at various communities.
14 Public health facilities are comprised of 8 National hospitals, 77 Operational Districts, 73 referral hospitals, 949 health centers, 105 health posts, all of which make up a total of 9661 beds for patients treatment. I the Kingdom of Cambodia, there are 2,162 medical doctors, 1,267 medical assistants, 42 medical professors, 5 doctors of
pharmacists, 429 pharmacists, 110 secondary pharmacists, 33 primary pharmacists, 175 doctors of dentists, 67 dentists, 23 primary dentists, 84 massage therapists, 3,464 secondary nurses, 1,845 secondary midwives, 33 primary midwives, 409 secondary laboratory technicians, 23 primary laboratory technicians, 6 scientists, 3 anesthetists, 1,223 other personnel, and 414 non-medical skilled staffs).
15 In 2007, private health services consists of polyclinics, medical cabinets, health care clinics, dental clinics, medical laboratories, pharmacy, Sub-pharmacy (A), Sub-pharmacy (B), maternity clinic, clinics for ears, nose, throat, and eyes treatments, and traditional herbs nationwide amounted in total to 4,563 places of which 1,736 places are legal and 2,827 are illegal (most of them are just outpatients consultation rooms, sub-pharmacy (B), eye labs, and traditional herbs treatment. On a separate basis, in Phnom Penh municipality, in 2007, private health services (medical cabinets, dental cabinets, massage therapy room, health care clinics, laboratories, maternity clinic, in-patient clinics, and polyclinics) constitute a total of 869 places among which 413 are legal and 455 are illegal (most of them are dental cabinets).
16 This statistical data is obtained from Ministry of Religion and Cults on pagodas and monks nation wide 2008-2009 dated on 7 June, 2009).
17 Article 35 and 36 of the constitution state that: “Khmer citizens of either sex shall have the right to actively participate in politics.” “Citizens of either sex of at least eighteen years old, have the right to vote. Citizens of either sex of at least twenty five years old, have the right to stand as candidates for the election.” “Khmer citizens of either sex of at least forty years old, have the right to stand as candidates for the election as the members of the Senate”.
18
The Workshop was held with the participation of representatives of the Sub-committee on the Prevention of Torture, and supported by the Cambodia Office of the High Commissioner for Human Rights and the Danish based Rehabilitation and Research Centre for Torture Victims.
19Based on the principle of equality, the RGC has made its continuous efforts to undertake a number of measures to implement it in line with other provisional laws. This is to ensure the growth and progress of women in all fields ranging from political, economic, social and cultural aspects with the aim to provide women with full human rights and the freedom determined in article 35-1 of the Constitution: “Khmer citizens of either sex shall have the right to participate actively in the political, economic, social and cultural life of the nation. Any suggestions from the people shall be given full consideration by the grant of the State.” Article 2 of the Civil Code state that: “ This code defines the principle to ensure dignity of individual with equality between men and women and the right to own property as stipulated in the Constitution.” The RGC always pays attention on all measures in order to speed up the
implementation of this principle in its political platform to ensure the increase of the participation from women to reach the maximum level in all institutions at national, provincial and local levels.”
20 Obviously, in 2008 there were 1, 556 enterprises having in total 674, 673 staffs and, among those, there were 601, 753 female staffs.
21 Rights to equality between men and women within the family in Cambodia are protected under the laws (art. 29 of the Law on Marriage and Family state that: “In family, a husband and wife are equal in all aspects”; also the details of the rights are stipulated in many provisions of the Civil Code (art. 974).
22 At the same time, the video documentary was made called “The Victim”, and it was broadcasted on TV. The department provides a hotline service 24 out of 24 hours receiving incoming call in two languages, English and Khmer, and 800 incoming calls were made in average per year. Moreover, up to 2007, the department has set up a special interview room called “Child Friendly Interview Room” using installed video camera at 10 provincial/
municipal police commissions aiming to get rid off fear of the child victim when conducting an interview with them.
23 The infant mortality rate has decreased from 95 in 2000 to 66 in 2005 among 1000 new births survival rate. At the same time, the mortality rate of children under 5 years old has increased from 124 out of 1000 new births in the same year. The decrease of the mortality rate of infants and children resulted from many factors including the decrease of a number of new born babies delivered per woman in average, the decrease of poverty rate, the better of nutrition situation of children and mothers, the obtaining of water sanitation, and living with hygiene, the increase
23 The infant mortality rate has decreased from 95 in 2000 to 66 in 2005 among 1000 new births survival rate. At the same time, the mortality rate of children under 5 years old has increased from 124 out of 1000 new births in the same year. The decrease of the mortality rate of infants and children resulted from many factors including the decrease of a number of new born babies delivered per woman in average, the decrease of poverty rate, the better of nutrition situation of children and mothers, the obtaining of water sanitation, and living with hygiene, the increase