(i)
Introduction
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 NGO-CRC was established in 1994 and there are currently 38 NGO members.
Children comprise 52 percent of the population in Cambodia. With an estimated 36 percent 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.
(ii) Progress on key issues
CRC Implementation and Monitoring
The Cambodian National Council for Children (CNCC), which was formed in 1995 by sub-decree, is a coordinating body for advocacy and monitoring of the implementation of the 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 Year 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 have been increasing in Cambodian society.
While the efforts of the 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 by the NACD (covering Phnom Penh, the main urban centers of Battambang and Sihanoukville) has shown that among Cambodian school students from grade 9–12, 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. According to a NACD report, most of the drugs circulating in Cambodia are amphetamines, which have been increasing in number 50 to 100 percent each year. 75,576 amphetamines pills were seized in 2001, 137,660 pills in 2002, 209,527 pills in 2003, and 829,126 pills in the first nine months of 2004. Most drug users were children, youth, laborers, factory workers, and taxi drivers. In 2001 there were 928 known drug users. This figure increased to 2,750 in 2002 and 4,387 in 2003. 30% of drug users were children.
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 center for treatment, alternative care and rehabilitation of children victimized by drugs.
HIV/AIDS
To reduce the spread 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 percent of condom users programs 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 percent in 1997 to 2.6 percent 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 a living for their younger sisters or brothers. Orphans often have no proper nutrition, shelters and education materials and, moreover, are at an increased danger of being victims of trafficking, prostitution and drug abuse.
Sexual Abuse, Exploitation and Trafficking of Children
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 NGO-CRC indicates an increase in the number of rapes on children.
In 2002-2004, the NGO-CRC reported that there were 536 cases of child abuse, of which there were 305 cases of rape. Of these 305 cases of rape, 23.27 percent were children aged from 14 months to 9 year-old, 43.90 percent were children aged from 10-14 year-old, and 32.83 percent 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 for children. It is currently one of the worst forms of Child Labor among other sectors of work performed by children. Factors that breed the continuation of CDWs include the prevalence of poverty and social perceptions in Cambodia that 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 have increased 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. A survey by the National Institute of Statistics in 2003 has shown that there are 27,950 child domestic workers in Phnom Penh. These children do not receive education and most of them have been facing exploitation and physical and verbal abuses everyday. An unofficial survey conducted by a local NGO in 1999 estimated that there were 4,000 CDWs in Phnom Penh. About 90 percent of them are girls and 80 percent are aged between 12-17 years and 40 percent 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 instances, NGOs witnessed, intervened and/or rescued CDWs who were victims of serious physical punishments, beatings and sexual harassment.
Juvenile Justice
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 interests 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, though 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 without receiving education or rehabilitation programs.
(iii)
Recommendations
CRC Implementation and Monitoring
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 the Ministry of Social Affairs.
Receive increased resources including human resources and budget.
Take action to increase child rights awareness to the public.
Drugs
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.
HIV/AIDS
The government 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 orphans and eradicate discrimination against children with HIV/AIDS and orphans whose parents died of AIDS.
Sexual Abuse, Exploitation and Trafficking of Children
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.
Child labor
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 the worst forms of child labor (MoSALVY).
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.
Juvenile Justice
The government should ensure that children who are detained should be separated from adults immediately and ensure education and rehabilitation program for juvenile detainees.
Develop legislation and policy guidance that ensures that the arrest of children is used only as a measure of last resort and that detention is for the shortest appropriate period of time.
Develop a juvenile justice system built on the concept of the rehabilitation of offenders and develop appropriate recovery and social reintegration programs for children in conflict with the law.
The government, with cooperation from NGOs, needs to endorse and facilitate the establishment of community-based correction as an alternative to imprisonment, especially for children in conflict with the law.
The government should draft the legislation, complying with the CRC, specific to children in conflict with the law, and establish a Children’s Court.
Create an official mediation system
for solving cases of children committing petty crimes so as to not send them
through the court system.
For more information on the issues raised in this paper, please contact:
The NGO Committee on the Rights of the Child (NGO-CRC)
Tel: 023 882 412 , Email ch.ngocrc@online.com.kh