The NGO Committee on the
Rights of the Child (NGO-CRC) is a coalition of national and international
non-governmental organizations (NGOs) working together to advocate for the
rights of children and monitor the implementation of the Convention on the
Rights of the Child in Cambodia. The NGOCRC was established in 1994 and there
are currently 38 NGO members.
Children comprise 52% percent
of the population in Cambodia. With an estimated 36% of Cambodians living under
the poverty line, the challenge to reduce poverty must include measures specific
to the special needs of children. Cambodia’s future and economic growth depend
on the survival and development of its children. As Cambodia develops, poor and
vulnerable children will be further marginalized without targeted programs,
inclusive planning and cooperation. Child Rights is a governance issue, insofar
as the realization of those rights requires leadership, commitment, and
resources on the part of the Cambodian government. The key areas needing
attention include Policy development, Human and Economic Resource development
and allocation, and application and enforcement of laws to protect children.
Child Rights is a crosscutting issue, and as such, this paper complements
several of the other sector papers, in particular, the education and health
sectors.
The Cambodian National
Council for Children (CNCC), which was formed in 1995 by sub-decree, is a
coordinative body for advocacy and monitoring of the implementation of
Convention on the Rights of the Child in Cambodia. To make effective
implementation and promote Child Rights in Cambodia, CNCC has created four
sub-committees: the sub-committee for countering trafficking and sexual
exploitation of children; the sub-committee on Child Labor and other forms of
Exploitation; the sub-committee for legislating child-related laws; and the
sub-committee for early-child development.
The National 5 Years Plan
Against Trafficking and Exploitation of Children was produced and disseminated
to relevant ministries and provinces in an effort to prevent child trafficking
issues, which has been increasing in Cambodian society.
While the efforts of CNCC to
implement UNCRC are good, it is noted that children’s issues are still the
main problem and the concern of society and government. Cambodian children are
still victimized by the abuse of their rights, violence, sexual abuse,
trafficking and sexual exploitation and drug abuse.
The activity of the CNCC in
response to children’s issues is limited, and the activities of CNCC’s
networks do not cover children issues nationwide.
Drugs
Between 2002-2003 the Royal
Government has made some strong efforts to combat the trafficking, production
and use of drugs. The government has established the National Authority for
Combating Drugs (NACD), Combating
Drug Abuse department and a network to counter drugs in each province.
A recent survey (covering
Phnom Penh, the main urban centers of Battambang and Sihanoukville) by NACD has
shown that among Cambodian school students from grade 9 to 12, over one-in-five
have tried at least one illicit drug during their lifetime. The large amount of
drugs confiscated by the police suggests an increase in drug users; especially
worrying is the use of injecting heroin.
In October 2003, the authorities cracked down on underground drug
production in Phnom Penh and more than 35 kg of drugs were destroyed by the
government.
Drugs have a serious adverse
effect on social security and welfare, but information on the consequences of
substance use is not provided to all school students and children in the
community. On the other hand, Cambodia still lacks a centre for treatment,
alternative care and rehabilitation of children victimized by drugs.
HIV/AIDS
To reduce the spread of
infection of HIV/AIDS, the government has formed the National Aids Authority and
the National Center for HIV/AIDS, and Dermatology, providing a secretariat and
anti-AIDS offices within the country. Publication and execution of 100% of
condom users program has returned a good result. According to the research of
the National Center for HIV/AIDS and Dermatology the prevalent rate of HIV
infection has decreased from 3.3% in 1997 to 2.6% in 2002.
Meanwhile, the amount of people dying from AIDS has increased from 19,305
persons in 1997 to 78,653 persons in 2002. This rise in deaths left 60,000
orphans causing a big social problem for the government. Many orphans are
abandoned and neglected by communities and relatives, which leads these children
to give up their school to earn living for their younger sisters or brothers.
Orphans often have no proper food nutrition, shelters and education materials,
and moreover are at increased danger of being victims of trafficking,
prostitution and drug abuse.
The Cambodian Government has
strengthened its response to dealing with this issue by raising the profile of
abuse, exploitation and trafficking of children, and forming stronger networks
with organizations working to combat this problem in some provinces. For the
last two years, information received by the NGOCRC indicates an increase in the
number of rapes on children.
In 2002-2003, the NGOCRC
reported that there were 317 cases of child abuse, of which there are 197 cases
of rapes. Of these 197 cases of rape 22.84% were children aged from 14 months to
9 year-old, 43.15% were children aged from10-14 year-old, and 34.01% were
children aged from 15-17 year-old. The figure relating to rapes suggests a
decrease in social morals and ineffective law enforcement. Many cases were
resolved through a compromise between the parties, outside the judicial/legal
system.
Child
labor: Child Domestic Workers (CDWs)
CDW is a traditional form of
employment, which mostly affects women and girls from poor families. It is a
practice that involves discrimination and slavery-like work of children. It is
currently one of the worst forms of Child Labor among other sector of work
performed by children. Factors that breed the continuation of CDWs include the
prevalence of poverty and social perceptions in Cambodia that have regard it as
a non-hazardous form of employment that does not amount to child abuse. In
addition to this, the country’s steps towards a free market economy, and
urbanization and globalization in the last decade increase the demand for CDWs
from the growing middle class. The failure to recognize the problem of CDWs has
meant that there remains no regulation of working hours, pay and conditions and
methods to prevent the children being used in an exploitative manner.
Although there is no clear
research to show the extent of the problem, it is thought that there are several
thousand CDWs working in major towns in Cambodia. An unofficial survey conducted
by a local NGO in 1999 estimated that there were 4,000 CDWs in Phnom Penh. About
90% of them are girls and 80% are aged between 12-17 years and 40% are reported
to be either verbally or physically abused on a daily basis. There are a few GOs/NGOs
working on the issue but they often face problems of poor cooperation from the
government authorities. In many instance NGOs witnessed, intervened and/or
rescued CDWs who were victims of serious physical punishments, beatings and
sexual harassment.
The Royal Government of
Cambodia has taken measures in an attempt to improve the situation pertaining to
Juvenile Justice. However, there remains no Juvenile Justice System in Cambodia
and only a modicum of specific legal protection for children under the domestic
laws. Children in conflict with the law are treated differently from adults in
some ways and there are certain provisions within the National Criminal Law
addressing child offenders. Cambodia
has adopted the Law on Aggravating Circumstances and under this law the best
interest of children is lost. However, there are significant gaps in the
legal protections for children in conflict with the law. Although there are
limitations on the period the child can be detained under the Criminal Law,
there is no legislation or regulatory guidance that states that arrest,
detention and incarceration should be the last resort. There is no alternative
placement for detaining or incarcerating children other than the adult
facilities. Children serve their sentences in the same prisons, although there
does appear to be some separation of children from group cells where adults
spend the majority of their time. In relation to the right to physical and
psychological recovery and social reintegration, the Cambodian prison system
does not provide any rehabilitation services to inmates, including children that
are currently serving sentences in adult prisons.
In response to children’s
issues which is the priority problem of society, CNCC should:
·
Be an institution equal to that of a national authority, rather than
operating under Ministry of Social Affairs.
·
Receive increased resources including human resources and budget.
·
Take action to increase child rights awareness to the public.
·
The Government has to take action to challenge the production,
trafficking, and utilization of drugs.
·
The Government should set up a wide-ranging and long term campaign
throughout the country to tackle the use, production and trafficking of drugs.
·
The RGC needs to increase the number of health care centers for children
who are infected with HIV/AIDS.
·
The Government should support the free provision of Antiretroviral (ARV)
drugs to parents suffering from HIV/AIDS, in order to reduce the number of
orphans.
·
Increase the support provided to orphans whose parents died of AIDS.
·
Enlarge the support from communities to orphan and eradicate
discrimination against children with HIV/AIDS and orphans whose parents died of
AIDS.
·
Action needs to be taken to eliminate pornographic magazines and videos.
·
Education on social morals needs to be strengthened and prevention
activities undertaken in communities.
·
The government needs to strengthen law enforcement.
·
The ILO Convention 182 on the Prohibition and Immediate Actions
Against the Worst Form of Child Labor needs to be ratified and implemented as a
priority.
·
The government should declare child domestic work as falling within the
category of the worst form of child labor and therefore take action to prohibit
it. The issue should be mainstreamed into the NPA action agenda on worst forms
of child labor (MoSALVY).
·
A comprehensive survey on child domestic labor needs to be undertaken.
·
Free and compulsory, good quality and meaningful education for all
children, taking into account CDWs’ special needs and the needs of girls and
vulnerable children in poor areas should be provided.
·
Legislation on CDWs needs to be developed by the government, including
minimum standards on age, wages and working conditions.
·
Launch a national Campaign to bring the issue to the fore. In particular
parents and employers should be educated on the practice of recruiting children
as CDWs.
·
A mechanism should be set up at the community level to monitor the
serious abuse.
·
Implement the NPA [National Plan of Action] on poverty alleviation and
rural development.
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For more information and the issues raised in this paper, please contact NGO-CRC Tel: 023 882 412 , Email ch.ngocrc@online.com.kh