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291.
In parallel with this, there were two attacks on newspapers: on 24 March 1994, a grenade was thrown at the office of the newspaper Antarakum and on 8th December 1994 a journalist on the staff of Koh Santepheap was murdered at Kâmpóng Cham.
The Government condemned the threats to journalists' lives and took steps to have both cases investigated. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Ministry of the Interior conducted an investigation into the murder of the journalist from Koh Santepheap and a suspect was arrested and handed over to the prosecutor for charging.
The prosecutor disagreed with the examining magistrate and therefore filed an appeal, upon which the Court of Appeal decided that the suspect should remain in preventive detention while further inquiries were made. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
When those inquiries also failed to reveal adequate evidence of guilt, the court ordered the suspect's release.
CCPR/C/81/Add.12 page 53 292.
No one is now under detention for political reasons.
On 6 August 1995, six people were taken into custody for releasing anti-Government pamphlets from balloons.
Public opinion saw those arrests as contrary to the right of freedom of expression of political opinions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
In fact, the persons in question were arrested and prosecuted for having incited the population to hatred of the Royal Government (Transitional Criminal Law, art.
61).
Following an investigation in which insufficient evidence was found to support the charge, and at the request of the co-Prime Ministers, the case was dismissed and all the prisoners were released.
Paragraph 2 293.
The right to express one's opinions is one of the foundations both of freedom of thought and of democracy. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
This right is guaranteed and protected by the Constitution.
Article 41 guarantees freedom of the press, of publication and of assembly.
Freedom to express political opinions is protected by the Transitional Criminal Law (art.
28); freedom of the press is guaranteed by the Press Law adopted by the National Assembly on 18 July 1995.
294.
On the basis of those rights, freedom of expression has been widely recognized in Cambodia since 1992. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The expression of opinions is developing in every form and through every means, including magazines, radio, television and books.
There are currently 47 local newspapers in Khmer, French, English or Chinese, and six radio stations and four television stations, including that belonging to the Royal Government, broadcast throughout the country.
295.
This expression of opinions in every form and by every means is genuinely free because neither images nor articles are censored by the Royal Government. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Only one condition must be met, that of approval by the Ministry of Information before any newspaper, radio or television station or printing house can commence operations.
296.
Newspapers represent the commonest form of exercise of the freedom of opinion.
They have formed an association, the Khmer Journalists' Association, which is working actively for the implementation of the journalists' code of ethics in order to guarantee freedom of the press. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Another journalists' professional body, the League of Cambodian Journalists, was established recently.
297.
In parallel with extension of the freedom of expression guaranteed by the Constitution (art. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
41), journalists have encountered numerous problems: On 24 March 1994, an unknown person threw a grenade into the office of Intervention, a newspaper; A number of newspapers have been closed or suspended by the competent Ministry: on 16 May 1994, closure of Univers and confiscation of all issues on the ground of criticism of a high-ranking military officer; on 23 September 1994, closure of Bayon; on 23 December 1994, suspension for two weeks of Conscience Khmère on the ground of criticism of the Kingdom's supreme institution; on 17 July 1994, arrest and detention of Mr. Nguon Nuon, editor of Nouvelles du Matin, on the ground of publication of the article concerning the failed coup d'état of 2 July 1994; CCPR/C/81/Add.12 page 54 On 16 July 1994, the Ministry of Information issued a circular to all newspaper and magazine editors requesting them to: comply with the Royal Government's declaration of 7 July 1994; refrain from making any comment or publishing any article injurious to His Majesty the King of Cambodia; observe the code of ethics of the Cambodian Journalists’ Association; refrain from using indecent words or obscene or immoral expressions; observe the rules of Cambodian spelling; refrain from insulting members of the Royal Government, deputies or any other Administration official by employing degrading terms or altering their real names; refrain from making caricatures comparing the Royal Government with animals, especially dogs; refrain from publishing obscene images or stories; On 16 December 1994, the Ministry sent a directive No. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
1370.94 to all newspapers and magazines requesting them not to publish any obscene or immoral news item or report; On 8 December 1994, Mr. Chan Dara, correspondent of Koh Santepheap, was murdered at Kâmpóng Cham; On 19 May 1995, in proceedings before the Phnom Penh court, the editor of the L'Idéal Khmer newspaper, was fined 5 million riels and the newspaper was ordered to cease publication for having insulted the heads of the Government and published false news on 30 November 1994; On 20 May 1995, the Phnom Penh court sentenced the editor of the La Liberté Nouvelle newspaper to one year in prison and a fine of 5 million riels and ordered the newspaper to cease publication; On 7 September 1995, unknown persons threw grenades into the offices of Les Nouvelles du Matin; On 23 October 1995, demonstrators ransacked the offices of La Liberté Nouvelle; On 27 February 1995, the Phnom Penh court sentenced the editor of the La Voix de la Jeunesse Khmère newspaper to one year in prison and a fine of 5 million riels for having published false news on 12 and 13 January 1995. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
298.
The above incidents are the result, inter alia, of misinterpretation of freedom of expression, the exercise of which must not, in specific cases, exceed the limits provided for in article 19, paragraph 3, of the Covenant.
299.
The new Press Law adopted by the National Assembly on 18 July 1995 permits the establishment of journalists' associations to defend press freedom.
Paragraph 3 300. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 3 300.
Restrictions on the freedom of expression are necessary to guarantee democracy, since freedom must go hand in hand with obligations and duties.
Hence, freedom of expression, especially freedom of the press, is limited by a number of obligations.
CCPR/C/81/Add.12 page 55 301.
Along with its recognition of freedom of expression, article 41 of the Constitution establishes a number of restrictions.
The 1995 Press Law also set certain conditions on press freedom (arts.
10-15). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
10-15).
Similarly, the Transitional Criminal Law provides for certain restrictions on freedom of expression (arts.
59-63).
302.
The purposes of restricting freedom of expression are to safeguard security and public morals and to protect the rights of individuals.
This is consistent with article 41 of the Constitution, which provides that no one may abuse the rights to which it relates in order to dishonour others or to infringe the morals of society, public order or national security. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
That principle must, however, be defined clearly and in detail if it is to be properly applied.
In the past, the scope of and misunderstanding about the freedom and its limits have occasioned problems regarding journalists, as described above.
Article 20 Prohibition of propaganda for war Paragraph 1 303.
There is an absolute ban on propaganda or any other publicity promoting war.
The Royal Government continues to maintain its position in favour of peace and national reconciliation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Government is fighting the Khmer Rouge because they refuse to agree to an end to the war, engage in propaganda designed to involve the rural population in the war against the Government, continue to kill decent people and cause destruction in the country every day by blowing up stretches of road, bridges and railway lines or selling the country's assets (precious stones, timber, and so on) to foreigners.
304. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
304.
In 1994, in order to halt the provocations and acts of terrorism carried out by the Democratic Kampuchea group, the Royal Government initiated a campaign of very violent attacks on Khmer Rouge bases at Pailin, Anlong Veng and Phnom Voar.
However, the Royal Government has not yet succeeded in arresting and punishing the criminals or those who have promoted war.
For example, no Khmer Rouge leader has been arrested and punished to date. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, a Khmer Rouge officer was arrested and found guilty of the murder of three foreigners, in August 1994.
In the interests of national reconciliation, the Royal Government continues to apply a policy of clemency towards any members of the Democratic Kampuchea Group or its armed forces who agree to return to its authority, sparing them from prosecution for the crimes they have committed (art.
5 of the Law on the Outlawing of the Democratic Kampuchea Group).
Paragraph 2 305. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 2 305.
The law forbids any incitement to discrimination.
Article 61.1 of the Transitional Criminal Law provides that “anyone who, by any of the means referred to in article 59, has provoked national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be punished by imprisonment for between one month and a year and/or a fine of 1 to 10 million riels”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
There are other provisions of the law which punish CCPR/C/81/Add.12 page 56 those who provoke discrimination.
The former Press Law of 1992 also prohibited incitement to war or discrimination or attacks on the internal or external security of the State (arts.
28 and 29).
The 1995 Press Law also provides that “newspapers shall not publish anything which endangers public order by directly inciting one or more persons to resort to violence”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The above offence is punishable by a fine of 1 to 5 million riels (art.
11).
306.
Even though laws and regulations prohibit incitement to discrimination and violence on racial and national grounds, these phenomena continue to exist.
By means of the Khmer Rouge radio, the Democratic Kampuchea group has intensified its anti-Vietnamese activities relating to Vietnamese colonization in Cambodia, and the group continues to massacre Vietnamese nationals living in Cambodia as well as the Cambodian population. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
307.
The Royal Government condemns all individuals and groups of individuals who incite national, social or religious hatred, just as it has condemned the Khmer Rouge who perpetrated racial violence on Vietnamese residents in Cambodia.
The Government is committed to do all in its power to secure the arrest of the guilty parties and to bring them to justice.
Article 21 Right to peaceful assembly 308.
Freedom of opinion and assembly is guaranteed in the Kingdom of Cambodia. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 41 of the Constitution provides that “every Cambodian citizen shall have the freedom to express his or her personal opinion, and shall enjoy freedom of the press, publication and assembly.
No one may make use of this right to infringe the honour of others, the morals and customs of society, public order or national security”.
309.
The right to strike and to demonstrate peacefully is also guaranteed (art.
37 of the Constitution).
310. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
37 of the Constitution).
310.
Article 1 of the Law on Demonstrations adopted by the National Assembly on 27 December 1991, which is still in force, authorizes meetings of groups and gatherings for purposes of demonstrations.
However, meetings, demonstrations or parades on the public highway or in public areas are forbidden where they infringe on public peace and order or individual or public security. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 2 of the Law sets out the conditions in which gatherings or parades on the public highway for purposes of demonstrations shall be authorized: they must not infringe public peace, order or security, and in addition the competent authorities must be informed in writing, three days in advance, of the purpose of the event, the date, time and place of the meeting, the number of participants and the names, addresses and signatures of three organizers. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Where the local authorities consider that the event might degenerate into a disturbance, they may forbid it (arts.
3 and 4 of the Law on Demonstrations).
311.
Associations also have the freedom to assemble or hold peaceful meetings.
Any association which already has an office in a province or CCPR/C/81/Add.12 page 57 municipality and which intends to organize information courses must inform the local authorities five days in advance (Ministry of the Interior directive No.
474 of 2 July 1994).
312. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
474 of 2 July 1994).
312.
In 1991, the police resorted to force to quell demonstrations, but since 1992 this practice has been dropped.
In 1994, a few requests for permission to hold demonstrations were refused by the competent authorities on the ground of their danger to public order and national security.
In August 1995, a grenade attack was mounted on the venue of a meeting of members of the Buddhist Liberal Democratic Party headed by Mr.
Son Sann.
Several dozen people were injured. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Son Sann.
Several dozen people were injured.
This incident seriously infringed the principle of freedom of assembly.
The Royal Government undertook to investigate the attack and secure the arrest and conviction of those responsible.
To date no one has been arrested or prosecuted in connection with the incident.
The Royal Government strictly forbids the use of weapons and explosives which are capable of harming human life.
Article 22 Freedom of association Paragraph 1 313. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 22 Freedom of association Paragraph 1 313.
The Constitution and legislation of the Kingdom of Cambodia guarantee the freedom to establish associations.
Articles 36 and 42 of the Constitution provide that Cambodian citizens have the right to establish associations and political parties, and to form and join trade unions.
Foreigners also have and are guaranteed the right to establish associations and trade unions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Currently, there is no legislation relating to the application of article 42 of the Constitution.
Such legislation is being drafted.
However, although it is not yet in force, 100 human rights organizations and other philanthropic organizations are already in operation, after lodging their statutes with the competent authority.
314.
Currently there are no legislative provisions governing the creation of political parties. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, pending the adoption of a law on the subject, the Government refers to the UNTAC Electoral Law adopted in 1992 for the 1993 general elections, and specifically paragraph 10 relating to official registration for participation in the elections, and paragraph 11 on provisional registration of political parties.
In May 1993, 20 political parties participated in the elections.
Only four parties were represented in the Constituent Assembly. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Currently the Government is in the process of drafting the electoral law for 1998.
Any person or group of persons wishing to establish a new political party for this election must wait for the law to be adopted by the National Assembly.
315.
As far as trade unions and professional associations are concerned, workers and employees have the same right to form and to be members of a professional association (Labour Law, chap.
11, sect.
2). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
11, sect.
2).
State employees have the right to participate as members or officials of legal associations (art.
36 of the Law on the Common Statute for Civil Servants in the Kingdom of Cambodia, adopted on 21 October 1991).
At the time of the State of Cambodia, civil servants and staff of ministries, offices, enterprises, factories and so CCPR/C/81/Add.12 page 58 on set up trade unions to protect their interests. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
With the economic reform intended to create a market economy, all these trade-union organizations disappeared.
The idea of setting up associations or trade unions has now begun to emerge again and associations or trade-union organizations of staff and officials are expected to reappear in the near future.
316. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
316.
As regards the establishment of associations of journalists, since there were only four newspapers, all belonging to the State, under the State of Cambodia regime, there were no journalists' associations.
When the United Nations Transitional Authority was in Cambodia, private newspapers appeared one after another.
Currently, two associations of journalists have been set up. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Under the new Press Law, journalists have the right to create their own associations freely, but each association must observe its own code of conduct (arts.
6 and 7).
317.
Currently, despite the lack of a law governing associations, the Royal Government generally encourages citizens to set up associations.
It continues to acknowledge and protect the interests of the associations which were established before or after May 1992, especially human rights associations.
318. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
318.
Since Cambodia acceded to the Covenant, in May 1992, 170 associations and 122 NGOs have been set up.
Some of these NGOs play a part in educating Cambodian citizens as regards their rights and their duties in a liberal and pluralist democracy.
The associations of journalists play a very important role in protecting rights and freedoms from the abuses committed by the competent authorities against them or against journalists.
Paragraph 2 319. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 2 319.
Under the Constitution of the Kingdom of Cambodia, the rights and freedoms listed in paragraph 1 above are limited in order that they should not infringe those of others (art.
31, para.
3), morals, public order or national security (art.
41).
The right to establish associations and political parties is regulated under the law (art.
42).
320. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
42).
320.
Since 1992, any group which has at least five members and is not profit-seeking may establish an association without requiring a prior authorization (agreement in principle by the Supreme National Council concerning the exercise of the right to establish associations in Cambodia, 20 January 1992).
But with the aim of facilitating their administration, the Ministry of the Interior issued directive No. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
412 of 11 June 1994 inviting all associations and NGOs which had obtained an authorization from the Cabinet of the Head of State or the United Nations Transitional Authority in Cambodia or the Prime Minister or the Office of the President of the Council of Ministers or the Ministry of Worship and Religion to lodge their dossiers with it.
321. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
321.
All non-governmental organizations which have already obtained an authorization must communicate the purpose of their activities and lodge their dossiers with the Ministry of the Interior.
Those which have no authorization as yet must request one from the Ministry of the Interior.
322. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
322.
Some non-governmental organizations directly asked the provincial or municipal authorities for an authorization to open an office and pursue their CCPR/C/81/Add.12 page 59 activities without seeking the Government's agreement in principle or concluding a cooperation agreement with the ministries or institutions concerned.
By letter No.
288 of 27 April 1994, the Ministry of the Interior notified the provincial and municipal authorities that they did not have the power to issue such authorizations. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Some private associations carried out activities running counter to their statutes, for example by engaging in covert commercial activities or political activities with the aim of exploiting the interests of peasants, and so on.
The Royal Government may set up a commission of inquiry to monitor their activities and call them to order.
If such activities endanger public order and security, the departments concerned may bring the matter before the courts, which have sole power to resolve such cases. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
A bill on associations is in the process of being drafted.
Paragraph 3 323.
Cambodia has not yet ratified the International Labour Organization’s Convention concerning Freedom of Association and Protection of the Right to Organize, but freedom of association is recognized by the Constitution.
Article 23 Protection of the family Paragraph 1 324.
In Cambodia, the concept of the family embraces the parents and their dependent children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
It is the duty of the State to guarantee the equality of the spouses in the marriage and in family life, strengthen the responsibility of parents for supporting their children and encourage the moral education and upbringing of the children so that they become good citizens, patriots and hard workers with a sense of responsibility vis-à-vis society (art.
1 of the 1989 Law on Marriage and the Family).
325.
Under the Democratic Kampuchea regime, citizens of both sexes were compelled to marry collectively. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
These forced marriages have had serious consequences for Cambodian society.
Following the overthrow of the regime, families broke up and children were abandoned or orphaned.
Women suffered most in society.
Acts of domestic violence against women are common.
326.
Before 1992, in order to provide assistance to widows, the Government set up women’s associations, from the provincial to the communal level. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
These associations played a very important role in providing both moral and material assistance to widows.
The Royal Government has now established an Office of the Secretary of State for Women's Affairs to promote women’s rights.
In provinces and municipalities, the Royal Government has set up homes responsible for sheltering, maintaining and bringing up orphans so that they become good citizens. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
International and non-governmental organizations have also provided assistance and support to women and children who have been victimized.
CCPR/C/81/Add.12 page 60 Paragraph 2 327.
As far as the right to marry and start a family is concerned, article 45 of the Constitution provides that marriage shall be celebrated in accordance with conditions laid down in the law, and the principle of free consent and monogamy. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Marriage to a minor, forced marriage and hampering the exercise of the right to marry freely are strictly forbidden (art.
2).
328.
Under the Law on Marriage and the Family, men aged 20 and over and women aged 18 and over may marry.
Exceptionally, marriage may be entered into before those ages with the consent or authorization of the parents or guardians when the woman is pregnant (art.
5).
Men and women who have fulfilled the age requirement have the right to decide freely to marry. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Neither may impose his or her will on the other (art.
4).
329.
Marriage is considered lawful only if the future spouses swear their marriage vows before a registrar at the woman’s place of residence (art.
14).
330.
Persons of the same sex, the impotent, persons who have contracted leprosy, tuberculosis, cancer or venereal diseases and who are not completely cured, the insane and those who are still bound by the ties of a prior marriage which has not yet been dissolved may not marry (art.
6). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
6).
Marriage is also forbidden between persons connected by a direct link of blood or marriage of any degree, whether the link is legitimate, natural or adoptive, or between legitimate, natural or adoptive collaterals, uterine, consanguineous or germane, direct or by marriage, up to and including the third degree (arts.
7 and 8).
331.
Every person has the right to start a family.
To date the Government has introduced no measures of birth control. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, it has drawn up programmes of sex education for women, in pursuance of the birth spacing programme, with the aim of protecting their health and preventing abortions.
Paragraph 3 332.
In Cambodia, marriage without the consent of the two future spouses is forbidden (art.
45, para.
4, of the Constitution, and art.
2 of the Law on Marriage and the Family).
Under Cambodian tradition, parents decide on the marriage of their children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
This gives an impression of parental coercion, but the parents normally only arrange the marriage, and it is the children who ultimately decide.
333.
However, some parents in Cambodia still force their children to marry.
Some have even gone so far on occasion as to beat their children for disobeying them (see also the commentary on article 8 of the Covenant).
Paragraph 4 334. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 4 334.
The Constitution of the Kingdom of Cambodia provides that men and women are equal in all fields, notably in marriage and the family (art.
45, para.
3).
Parents have an obligation to support and bring up their children CCPR/C/81/Add.12 page 61 so that they become good citizens (art.
47).
The State must protect the rights of children as defined in the Convention on the Rights of the Child (art.
48).
335. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
48).
335.
Under the Law on Marriage and the Family, the spouses are equal in every respect (arts.
29-37).
The husband or the wife may seek a divorce if there are sufficient grounds to consider that cohabitation is no longer possible (art.
39).
The decision concerning the divorce is taken by the court of the defendant’s place of residence (art.
41).
336.
In the event of divorce, the property is divided in accordance with a proposal by one of the spouses. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 70 of the 1989 Law on Marriage and the Family provides that, in the event of divorce, the property must be divided on the basis of consent by the two parties.
In cases of disagreement, each of the spouses recovers the property he or she possessed before the marriage and the property received in the form of inheritance, gifts, legacies, and so on, during the marriage.
Each spouse is also entitled to half of the property. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
However, in certain exceptional cases, and at the request of one of the spouses, the court may decide otherwise in the light of the interests of the children.
337.
In their own interests, the children are entrusted to the custody of one of the parents, by joint agreement.
In principle, a breastfeeding child should be entrusted to the mother (art.
73).
In the event of a dispute concerning custody of the children, the matter is resolved by the court. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
A divorced father or mother must contribute to the support and upbringing of his or her children in accordance with his or her means (art.
74).
In practice, some parents, and especially fathers, fail to pay support to their children in accordance with the court ruling and disappear without leaving an address.
338.
In 1994, according to statistics covering eight provinces, there were 106 cases of divorce.
In Phnom Penh, 792 divorce petitions were settled and 2,532 others are pending.
339. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
339.
In Cambodia, 95 per cent of acts of violence within the family are committed by the husband.
In order to reduce or prevent these acts, the Office of the Secretary of State for Women's Affairs, in cooperation with UNICEF, held a conference from 14 to 17 December 1994 and adopted a two-year plan of activities for 1995-1997 as well as a long-term plan. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The conference called on the Royal Government to develop and strengthen the capabilities and resources of the staff of the relevant departments, such as the courts and the criminal investigation departments, at the village, commune, district and provincial levels.
Those committing domestic violence are punished in accordance with the law.
The Office of the Secretary of State is currently examining the causes of such violence with a view to taking appropriate steps to halt it. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
CCPR/C/81/Add.12 page 62 Article 24 Right to protection of the child Paragraph 1 340.
Cambodia acceded to the Convention on the Rights of the Child on 15 October 1992 and undertook to respect these rights. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 48 of the Constitution stipulates: “The State guarantees and protects the rights of the child as contained in the various conventions relating to the child, and in particular the right to life, the right to education, and the right to be protected in the event of war and against exploitation for economic or sexual purposes. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The State protects children against any work liable to jeopardize their education and studies, their health or their well-being.” Every year, on 1 June, the Royal Government celebrates Universal Children's Day as a means of manifesting its support for the protection of children and its disapprobation of any form of violence against children.
341.
The continuing warfare of the past two decades has had numerous serious consequences for the population of Cambodia. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Children have been particularly hard hit, some 200,000 having been orphaned.
The State has set up orphanages in the capital and the provinces.
In Phnom Penh there are two and a third for babies, where orphaned children are housed and fed.
Male and female teachers are assigned to the orphanages to teach the children up to the end of the primary cycle.
342.
Article 47 of the Constitution stipulates that parents have a duty to feed, care for and educate their children so that they become good citizens. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Education of children 343.
Article 68.1 of the Constitution and the declaration on the policy of the Royal Government guarantee children aged between 6 and 15 free education for at least nine years.
At present in Cambodia 1,621,685 children are enrolled in primary school and 625,000 are attending secondary school.
344.
Despite the State's concern for education, many children do not attend school or leave school to help their parents in the fields or to look after cattle. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Most children only complete primary school; they are unable to go on to secondary school because of poverty.
The Government has done its utmost to build more classrooms, with the essential desks and chairs, but it is not yet in a position to provide scholarships.
In the remote countryside controlled by the Khmer Rouge there are no schools.
345. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
345.
Article 47, paragraph 1, of the Constitution and article 115 of the Law on Marriage and the Family confer an important role on parents in looking after and educating children so that they become good citizens.
However, some parents do not fulfil their obligations and allow their children to become delinquents.
Others simply abandon their children and some sell them, all because of poverty.
346. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
346.
The Royal Government has entrusted the Office of the Secretary of State for Women's Affairs the very important responsibility and role of helping CCPR/C/81/Add.12 page 63 women and impressing upon families their obligations relating to the education and care of their children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
At present, this Office has branches in the 22 provinces and municipalities which are aimed at promoting the development of Cambodian women so that they become good mothers and thereby ensure the healthy development of their children.
347.
Articles 119-122 of the Law on Marriage and the Family give the courts the power to withdraw parental authority from persons who ill-treat their children, and establish parental obligations with regard to the care of children until they come of age. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Law contains rules for the custody of children in the event of divorce and establishes the obligations of divorced parents with regard to care of the children until their majority.
The Law (arts.
72-78) makes it a criminal offence to refuse to pay maintenance for the care of children.
Other special measures for the protection of children (a) Civil rights 348.
The abduction of children for purposes of economic or sexual exploitation is prohibited (art.
48 of the Constitution and art. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
48 of the Constitution and art.
3 of the Law on the prohibition and punishment of kidnapping and the sale and exploitation of human beings).
This Law was enacted by the National Assembly on 16 January 1996.
Despite the guarantees contained in the law and the Constitution, these problems remain and the competent bodies have succeeded in finding and arresting a number of criminals and bringing them before the courts.
Unfortunately, however, the problems have not been completely overcome.
(b) Health 349. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
(b) Health 349.
Article 72 of the Constitution provides that the health of the population must be guaranteed.
The State must devote its full attention to the prevention and treatment of disease.
Destitute persons receive free medical attention in hospitals, infirmaries and public maternity clinics.
Article 73 stipulates that the State should devote particular attention to women and children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The declaration on the policy of the Royal Government of 29 October 1993 also provides that particular attention should be devoted to the health of mothers and children, while at the same time endeavouring to reduce infant mortality to the lowest possible level.
350. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
350.
Pursuant to the above-mentioned principles, the child protection centres and paediatric clinics set up by the Ministry of Health mainly concern themselves with protecting and ensuring the health of mothers and children, and implementing the birth spacing programme.
The Assistance to Children Department within the Ministry for Social Welfare, Labour and Veterans has also made a valuable contribution to the protection and improvement of the living conditions of children.
351. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
351.
Every February and March since 1993, the Royal Government has organized a nationwide campaign to combat poliomyelitis in children under the age of five.
CCPR/C/81/Add.12 page 64 352.
Despite the attention of the Royal Government, infant mortality remains high.
According to UNICEF statistics, in 1994 infant mortality was 171 per 1,000, while in babies the rate was 181 per l,000.
These rates are due to various diseases.
(c) Criminal responsibility 353. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
(c) Criminal responsibility 353.
Under articles 14.5 and 68.2 of the Transitional Criminal Law, juveniles under the age of 18 cannot incur criminal responsibility.
Children under the age of 13 may not be held in detention.
Young persons between the ages of 13 and 18 may not be held in detention for more than one month, although this period may be doubled in the case of a serious offence.
(d) Protection of child labour 354. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
(d) Protection of child labour 354.
Article 168 of the Labour Code guarantees particular protection for working children.
The rules for the protection of working children are set out in various articles of the Code: Children under the age of 18 are not authorized to work at night in factories or undertakings (art.
171); Children's nightly rest period must be of at least 11 consecutive hours' duration (art. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
172); Children under the age of 16 may not be employed as skilled or unskilled workers or apprentices in factories (art.
173.1).
Children are required to undergo a medical examination before starting work and subsequently at regular intervals (art.
173.4); Children under the age of 18 working in undertakings are required to produce a medical certificate of their physical fitness to perform the volume of work required of them (art. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
174); The duration of apprenticeship for manual or occupational work by children under the age of 14 may not exceed three hours a day (art.
176); Children under the age of 18 may not sign a contract of employment without the authorization of their parents or guardians (art.
177).
355.
This law does not stipulate a minimum age for child labour.
Many Cambodian children work in factories or craft workshops and on building sites. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Poverty drives children to work on their own account, doing jobs such as collecting household waste.
In the countryside, children work for their families.
The International Labour Organization, with the approval of the Royal Government, has established a child labour assistance programme.
(e) Assistance to families and women 356.
In order to assist children, the State must also assist families and, in particular, mothers. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Article 46.3 of the Constitution provides that the State and society must create opportunities for women, and in particular for women CCPR/C/81/Add.12 page 65 living in the countryside without support, in order that they may have a job and the opportunity to obtain medical treatment, to send their children to school and to enjoy decent living conditions.
357. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
357.
Pursuant to these provisions, the Royal Government has granted monthly allowances to relatives of dead soldiers who are unable to care for their children.
The Government has not been able to provide complete coverage, as there are still many families who are suffering and are unable to look after their children properly.
358.
Society must also play an essential role in assisting families in difficulty, as stipulated in article 46.3 of the Constitution. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
At present, society does not have the means to assist needy families who are unable to raise their children decently because the basic structures are not yet consolidated or sound; there are in fact a number of children and young people who live in pagodas and receive assistance from Buddhist priests in order to pursue their studies.
Some NGOs also help needy families to care for their children, and provide assistance to orphans and street children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
(f) Measures to assist orphans and homeless children 359.
In order to assist orphans and abandoned children, the Royal Government has set up 20 centres in 16 provinces and municipalities which care for 2,041 children.
These 20 centres include a crèche in Phnom Penh where 67 abandoned babies are being brought up.
All the centres have been set up by the Ministry for Social Welfare, Labour and Veterans.
Twelve other centres accommodating 739 children have received direct assistance from six NGOs. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Ministry has also cooperated with NGOS in setting up six centres for 231 homeless children in Phnom Penh.
At the same time, UNICEF has made an important contribution to solving the problems of children in difficulty.
Paragraph 2 360.
On the question of the registration of children at birth, there is as yet no legislation in Cambodia providing for the keeping of registers of births, marriages and deaths.
Council of State decision No. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Council of State decision No.
153 of 28 June 1980, which is still in force, provides only for the issue of family record books.
Thus, when a child is born, the parents ask for the child's name, sex, nationality, and date and place of birth to be entered in these books, which are kept in the commune or district concerned.
361. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
361.
Despite the legal vacuum which exists in this respect, local authorities have designated registrars in the various cities and provinces to record declarations of birth and to issue certificates.
In outlying areas there is still no registration of births.
The draft Civil Code will include provisions concerning registers of births.
Paragraph 3 362. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 3 362.
As to the right of every child to have a nationality, article 33 of the Constitution provides that no Cambodian citizen may be deprived of his nationality, the acquisition of Cambodian nationality being determined by law.
In practice, no child in Cambodia has been refused recognition of his or her CCPR/C/81/Add.12 page 66 nationality.
The nationality is entered in family record books, which are recognized by Council of State decision No.
153. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
153.
The National Assembly adopted the Nationality Law on 23 August 1996.
363.
There is no discrimination between legitimate and natural children.
Article 104 of the Law on Marriage and the Family stipulates that recognized natural children have the same rights and duties as legitimate children.
Natural children have the same right to Cambodian nationality as legitimate children.
Article 25 Right to take part in public life Paragraph 1 364. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
The Cambodian Constitution provides that Cambodian citizens have the same rights and freedoms and the same duties without discrimination (art.
31).
Cambodian citizens of both sexes over the age of 18 have the right to vote and those aged 25 or over have the right to stand as candidates in an election.
365.
Every five years Cambodian citizens of both sexes have the right to choose their 120 representatives in free and fair general elections conducted by secret ballot. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Cambodian citizens of both sexes who have the right to vote, are aged 25 or over and are Cambodian by birth may stand for office in these elections (Constitution, arts.
76 and 78).
Cambodian citizens also have the right and freedom to elect the members of local administrative bodies (communes and districts).
366.
In the elections of May 1993, these rights were withdrawn from persons who had used forged voters' cards (UNTAC Electoral Law of 1992, para.
66). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
66).
Persons infringing the provisions of that Law were liable to a fine (chap.
11, para.
92).
In addition, persons whose criminal record shows that they have been guilty of an ordinary offence forfeit the right to vote.
This also applies to all sentenced prisoners and all persons who have been deprived of their civil rights by court decision.
The law does not allow foreign nationals the right to vote.
367. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
367.
The citizens of Cambodia participated in the general election of 1981 to choose their 120 representatives in the National Assembly.
Between 23 and 28 May 1993, 4,267,192 Cambodian citizens of both sexes (89.6 per cent of registered voters) participated in the election of their representatives organized by UNTAC.
Twenty political parties had registered for these elections; 120 deputies, including 5 women, were elected to the Constituent Assembly. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
During the electoral campaign, there were widespread violations of human rights throughout the country.
The terror and violence perpetrated against civilians and members of the opposition parties and UNTAC forces resulted, according to the final report of the UNTAC Human Rights Component, in the deaths of 296 persons (144 civilians, 116 Vietnamese nationals, 18 members of UNTAC and 18 Cambodians of Vietnamese origin; 325 persons were injured and 202 abducted). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
During the actual elections, however, there were far fewer acts of violence.
CCPR/C/81/Add.12 page 67 368.
In order to guarantee free and democratic elections in May 1993, UNTAC and the Supreme National Council took numerous measures such as the deployment of police and military forces to ensure security at polling stations, and authorizing the existing courts to consider with complete impartiality any challenges relating to the elections.
369. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
369.
The Royal Government has not yet organized local elections of new heads of communes and districts; it continues to recognize the old composition of communal and district authorities (letter No.
324 of the Ministry of the Interior dated 10 May 1994).
370.
A problem has arisen concerning the right of citizens freely to choose their representatives and the right to take part in the political life of the country. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
On 22 June 1995, Mr. Sam Rainsy, deputy for the province of Siemreap, was dismissed from the National Assembly after being expelled from his political party.
The legality, constitutionality and undemocratic nature of that measure was widely discussed. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Mr. Chea Sim, President of the National Assembly, stated on 1 July 1995 that the United Nations Secretary-General's Special Representative for human rights in Cambodia, in his report to be sent to the General Assembly in September 1995, considered that in that matter there had been violations of the rights set forth in article 19 (freedom of expression) and article 25 of the Covenant.
Paragraph 2 371. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Paragraph 2 371.
Cambodian citizens of both sexes have the right to choose their occupation according to their capacity and the needs of society (Constitution, art.
36).
In principle, the recruitment of candidates to the civil service must be by means of competitive examination, subject to any provisions to the contrary decided by the Royal Government (Common Statute for Civil Servants, art.
13).
372. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
13).
372.
Citizens of both sexes may be recruited to the civil service only when the conditions laid down in article 11 of the Common Statute are fulfilled, including the conditions relating to nationality, age and level of education.
The law has granted priority and favourable conditions to women, candidates belonging to ethnic minorities and candidates from remote areas.
373.
At present, the total number of civil servants in Cambodia is approximately 140,000. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |
Since 1981, the State has, as a general rule, organized competitive examinations for entry into the civil service.
However, some State employees are recruited without taking the examination, particularly into the armed forces.
On occasion, unscrupulous individuals buy promotion or posts within State institutions, corruption being widespread in Cambodian society. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721910648218.pdf | https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhstH%2FoObOxUwMXnkLHyNtuD5fcIEoED8MbIygiysHWPxBfyF2jdTQXR7W8Tv8UtVYq3f%2Be7FCjQivJEH9pww8c0JtPoX5Wdtk6FMfUQEuMiSA | Cambodia |