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39) - Independence of the judiciary (arts.
109 and 110) - Requirement for judges to adjudicate with strict respect for the law, honestly and conscientiously (art.
110).
26.
According to article 112 of the Constitution, “only the Department of Public Prosecutions shall have the right to bring criminal actions”.
The victim may always claim criminal indemnification, in accordance with the CCPR/C/81/Add.12 page 7 established procedure. | 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 Department of Public Prosecutions, represented by the prosecutor attached to the court, institutes criminal proceedings against those accused of violations of human rights.
27.
The National Assembly has established a commission on human rights and the reception of complaints.
Its role is to protect human rights having due regard for public order. | 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 also maintains relations with non-governmental organizations (NGOs) concerned with human rights and receives complaints from victims of violations of human rights, which it passes on to the competent administrative or judicial authorities.
28.
The Royal Government has also established the Office of the Secretary of State for Women's Affairs, which has been given responsibility for protecting and promoting women's 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 |
The Office receives complaints from women concerning violations of their rights, examines them and deals with those of lesser importance.
In more serious cases, it passes the complaints on to the competent court.
29.
At present, more than 30 NGOs in Cambodia are authorized to engage in activities related to the protection of human rights.
These organizations also undertake to help people gain a better understanding of the law and greater awareness of their 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 |
They assist victims in filing complaints with the courts.
30.
The Cambodia Office of the United Nations Centre for Human Rights has been authorized by the Royal Government to carry out activities relating to the protection of human rights in the country.
It is organizing training courses on human rights for the competent authorities and helping to improve respect for those 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 |
In November 1993, the Secretary-General of the United Nations appointed a Special Representative for human rights in Cambodia to maintain contact with the Cambodian people and make recommendations to the Royal Government on the human rights situation in the Kingdom.
31. | 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 |
31.
Other international organizations, such as the United Nations Educational, Scientific and Cultural Organization (UNESCO), the Office of the United Nations High Commissioner for Refugees (UNHCR), the International Labour Organization (ILO), World Vision International, the International Committee of the Red Cross (ICRC) and the European Union, also have offices in Cambodia and are actively participating in the protection of human 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 |
The United Nations Children's Fund (UNICEF) is especially active in protecting the rights of women and children to health and education.
Complaints from victims of human rights violations 32.
Since 1982, the right of citizens to lodge protests or complaints concerning abuse of authority by the Government or its officials has been recognized by the law concerning the examination and settlement of public protests and complaints. | 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 39 of the Constitution establishes the fundamental right of citizens to report, lodge complaints against and claim compensation for any injury caused as a result of breaches of the law by State or social agencies or by their officials in the course of their duties.
The settlement of complaints and claims for compensation falls within the competence of the courts.
CCPR/C/81/Add.12 page 8 33. | 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 8 33.
At present, victims may lodge complaints by any means, with NGOs or the National Assembly's Commission on Human Rights, the Royal Government, in particular the Ministry of Justice, or directly.
Some even address their complaints to the King.
34.
Anyone claiming to be a victim of an abuse of power by an administration may, in the first instance, appeal to the superior authority of the administration responsible. | 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 |
Administrations are empowered to put an immediate stop to any abuse and to take disciplinary action against the official concerned.
35.
If the complainant is not satisfied, he may apply to the court with jurisdiction over administrative matters.
Appeals concerning abuse of authority fall within the competence of a specialized division of the Court of Appeal.
36.
Courts of all instances deal with allegations concerning violations of fundamental 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 |
The courts may take an administrative decision or make an enforcement order.
If not satisfied with this decision, the plaintiff may appeal to the Court of Appeal and then seek a judicial review by the Supreme 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 |
In order to avoid unnecessary prolongation of the proceedings, the Supreme Court may rule simultaneously on points of fact and law and hand down a final judgement, at the petition of the representative of the Department of Public Prosecutions, the person convicted or the civil party claiming damages or his lawyer, if the lower court does not bow to its first ruling (art.
226 of the 1993 Criminal Procedure Law).
37. | 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 |
226 of the 1993 Criminal Procedure Law).
37.
In order better to guarantee and protect human rights, the Kingdom of Cambodia will examine a proposal for accession to the Optional Protocol to the International Covenant on Civil and Political Rights which would enable the Human Rights Committee to receive and examine complaints from anyone in Cambodia claiming to be a victim of a violation of any of his rights under the Covenant, after that person has exhausted all available domestic remedies. | 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 |
Claims for civil damages 38.
Article 5 of the 1993 Criminal Procedure Law allows any victim of a criminal offence being examined by the Department of Public Prosecutions to bring an action for criminal indemnification.
39. | 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 |
39.
Criminal indemnification proceedings may be instituted by all those who have directly suffered injury as a result of the offence against all those held directly or indirectly responsible for making good the injury caused by the offence, such as the perpetrator but also the party liable for damages, the principal, the administration, etc.
40.
At present, as in many other countries, the possibilities of indemnification afforded by the law do not reflect the actual state of affairs.
41. | 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.
Acts of violence being mainly the work of armed men, the victims do not dare file a complaint for fear of reprisals and, not being conversant with the law, they lack confidence in the authorities.
CCPR/C/81/Add.12 page 9 42.
Human rights NGOs have therefore been playing an increasing part in receiving and forwarding complaints about human rights violations.
They have also organized training sessions for groups of defenders concerned with criminal matters to work with those existing since 1983.
43. | 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 |
Notwithstanding enormous difficulties, the Ministry of Justice has made a stalwart effort to provide training and further training for judges, lawyers and court officers, despite the meagreness of its resources (0.2 per cent of the national budget): - 132 serving judges followed intensive courses given by French judges during the fourth quarter of 1993; - 42 new judges underwent training between September 1994 and February 1995; - The Law Faculty inaugurated a training course for a first group of graduating lawyers in May 1995; - A law on the establishment and functioning of the Supreme Council of Justice was passed by the National Assembly on 22 December 1994; - The Ministry of Justice has organized frequent retraining or further training courses for the royal judges and prosecutors working in the provincial and municipal courts, on the basis of specific cases; - A general assembly on the work of the courts is held each year; - Numerous training and further training courses for registrars, chief registrars and bailiffs were organized in 1994; - Workshops at Phnom Penh and seminars organized in certain provinces have helped to improve collaboration between the police and the Department of Public Prosecutions. | 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 |
Relationship between the Covenant and Cambodian law 44.
Article 31.1 of the Constitution stipulates that “the Kingdom of Cambodia shall recognize and respect human rights as defined in the Charter of the United Nations, the Universal Declaration of Human Rights and the covenants and conventions relating to human rights and the rights of women and children”.
Thus, all the rights defined in the International Covenants on Human Rights are protected by the Constitution of the Kingdom of Cambodia.
45. | 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 |
45.
The Cambodian Constitution does not contain any provisions that are contrary to or impose restrictions upon fundamental human rights as defined in international human rights instruments.
However, there are certain provisions which have been adopted in response to the country's circumstances and situation.
Thus, article 31 states that “the exercise of personal rights and freedoms shall not adversely affect the rights and freedoms of others and shall be subject to the conditions established by law”. | 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 10 46.
Article 31.1 of the Cambodian Constitution recognizes that the international covenants and conventions to which Cambodia has acceded take precedence over domestic law.
Any provision of domestic law contrary to the provisions of an international convention or covenant is thus inapplicable.
47. | 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 Kingdom of Cambodia has acceded to the following international conventions and covenants: - International Covenant on Civil and Political Rights (26 May 1992); - International Covenant on Economic, Social and Cultural Rights (26 May 1992); - Convention on the Prevention and Punishment of the Crime of Genocide (14 October 1950); - International Convention on the Elimination of All Forms of Racial Discrimination (28 November 1983); - Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (15 October 1992); - Convention on the Elimination of All Forms of Discrimination against Women (15 October 1992); - Convention on the Rights of the Child (15 October 1992); - Convention on the Suppression and Punishment of the Crime of Apartheid (28 July 1981); - Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (12 June 1957); - Convention Relating to the Status of Refugees and the 1967 Protocol (15 October 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 |
(See annex: table of ratifications.)
Information and publicity 48.
The competent Cambodian authorities have broadcast on radio and television human rights programmes addressing the problems facing Cambodian society, although these problems have not been treated in depth.
The Office of the Secretary of State for Women's Affairs has compiled a training programme and organized seminars on fundamental rights, in particular on measures to prevent violence against women.
49. | 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 |
49.
The Ministry of Justice has had the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights translated into Khmer and has sent copies to all the provincial and municipal courts.
Moreover, at the proposal of the Ministry, other human rights instruments have CCPR/C/81/Add.12 page 11 also been translated and distributed by the United Nations Centre for Human Rights to all court officials, civil servants and the armed forces in the provinces and municipalities. | 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 programme commenced at the beginning of 1995.
50.
Even though the Government has not yet become intensively engaged in publicizing human rights, the teaching of these rights has already been introduced into the curriculum of the Ministry of Education, Youth and Sports.
51. International organizations and national and international NGOs have actively encouraged respect for human rights by printing and distributing documents, posters and booklets throughout 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 |
Moreover, some organizations have arranged training courses on human rights for Cambodian civil servants and citizens.
52.
An Inter-Ministerial Committee composed of representatives of 10 ministries and chaired by the Minister of Justice is responsible for preparing reports on human rights for the United Nations.
This Committee has gathered documents from the ministries concerned, as well as other information, with the technical assistance of the Cambodia Office of the Centre for Human Rights.
II. | 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 |
II.
INFORMATION RELATING TO ARTICLES 1-27 OF THE COVENANT Article 1 Right of self-determination Paragraph 1 53.
Cambodia recognizes the right of self-determination of its people, as stipulated in article 1 of the Covenant.
In Cambodia, citizens have the right of self-determination in the economic, social and cultural spheres; they are masters of their country's destiny.
They exercised their right by choosing a political regime and their representatives in the elections held from 23 to 28 May 1993.
54. | 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 |
54.
In accordance with the Constitution, the Kingdom of Cambodia has adopted a market-economy system.
This principle is practised by all citizens throughout the Kingdom, in conformity with the policy declaration of the Royal Government of 29 October 1993.
55.
Under articles 59 and 60 of the Constitution, Cambodian citizens have the right to dispose freely of their products and their country's natural resources, a right which is protected by the State. | 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, during the last few decades, the breakdown of the productive structure and export controls has encouraged the plundering of the country's natural resources, and has retarded the process of agricultural development: 45 per cent of rubber production brings in nothing for the State; in recent times tree felling and the illegal export of timber to neighbouring countries have devastated at least 30 per cent of the forests, to the detriment of the State, which receives nothing by way of foreign exchange from this illegal trade; almost all the tobacco crop has been sold clandestinely; the trade in precious stones at Païlin has recently suffered huge losses to the advantage of the CCPR/C/81/Add.12 page 12 Thai companies to which the Khmer Rouge have sold the minerals under their protection; fishermen from neighbouring countries have engaged in clandestine fishing in Cambodian waters, destroying the shelters and disturbing the breeding of the fish during the period when fishing is prohibited; the ownership of Cambodia's oil fields is being disputed by neighbouring countries. | 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 |
56.
One positive factor contributing to the rebuilding and development of the national economy is the return of the Kingdom of Cambodia to the Mekong Committee after it lost its membership status more than 20 years ago.
Paragraph 2 57.
The Kingdom of Cambodia recognizes and respects the right of self-determination of the peoples of all countries in the world.
In its external relations, the Kingdom of Cambodia adopts a policy of permanent neutrality, non-alignment and peaceful coexistence (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 |
53 of the Constitution).
58.
As regards non-observance of the right of self-determination and racism, the position of the Kingdom of Cambodia is as follows.
Concerning the Palestinian problem, the Kingdom of Cambodia welcomes the resolution of the conflict between Israel and Palestine, and has established diplomatic relations with both Palestine and Israel. | 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 respect to apartheid in South Africa, the Kingdom of Cambodia welcomes the final abolition of apartheid in that country and the birth of a unified and democratic society.
The Royal Government of Cambodia demonstrated its desire for solidarity with the South African people by sending a delegation to observe the presidential elections in South Africa during the period from 26 to 28 April 1994. | 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 |
His Majesty Preah Bat Samdech Preah Norodom Sihanouk Varman, King of Cambodia, has agreed in principle to the establishment of diplomatic relations between the Kingdom of Cambodia and the Republic of South Africa.
Article 2 Recognition of the rights of the individual without discrimination Paragraph 1 59.
The Kingdom of Cambodia recognizes and respects the dignity of individuals without distinction of any kind. | 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 31 of the Constitution states that citizens are equal before the law and have the same rights and duties without distinction as to race, colour, sex, language, religious belief, political views, ethnic origin, social status, wealth or other circumstances.
In accordance with article 2 of the International Covenant on Civil and Political Rights, the Kingdom of Cambodia undertakes to respect and ensure to every individual all the rights recognized in the Covenant (arts. | 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 |
31, 32 and 38 of the Constitution).
60.
In the field of politics, Cambodian citizens enjoy the right to vote and to stand as candidates for election and the right to establish political parties (arts.
34 and 42 of the Constitution).
Between 23 and 28 May 1993, CCPR/C/81/Add.12 page 13 90 per cent of Cambodian citizens of both sexes participated in the parliamentary elections, which were contested by 20 political parties.
61.
The women citizens of Cambodia also enjoy full political 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 |
Among the 120 deputies there are seven women.
The limited participation of women in politics is not the result of discrimination.
It is mainly due to the fact that women have traditionally taken little interest in politics.
62.
In the area of civil rights, the Kingdom of Cambodia respects the civil rights of all individuals as defined in the Covenant, without distinction of any kind. | 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, because of the war, which is still continuing, the low level of education of the population and the legal vacuum, the application of these rights is encountering numerous difficulties.
Nevertheless, there are many very encouraging signs.
The Royal Government is working to develop the legal system, public order, respect for the law and security in order that Cambodia may soon become a country in which the rule of law prevails.
63. | 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 |
63.
Economic, social and cultural rights are recognized for citizens without distinction.
Articles 35 and 36 of the Constitution fully guarantee these rights.
Details concerning these three areas are given in the report on economic, social and cultural rights.
Paragraph 2 64.
The Royal Government is eager to ensure that the laws conform to the Constitution promulgated on 24 September 1993. | 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 Constitutional Council is not for the time being in place because of the absence of candidates to represent the Supreme Council of Justice, which is not currently functioning, the bill on the status of judges not yet having been passed by the National Assembly.
65. | 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 the promulgation of the Constitution on 24 September 1993, numerous laws relating to civil and political rights have been adopted by the National Assembly: Constitution (21 September 1993); Assistance regime: missions, sickness, persons convicted or charged (15 November 1993); Financial system (22 December 1993); Powers and structure of the Royal Gendarmerie (15 February 1994); Youth rehabilitation (18 April 1994); Urbanization (24 May 1994); Outlawing of the Democratic Kampuchea group (7 July 1994); Organization and functioning of the Cabinet of Ministers (19 July 1994); Investment (4 August 1994); CCPR/C/81/Add.12 page 14 Immigration (26 August 1994); Common statute for civil servants (21 October 1994); Military pensions and incapacity regime (28 October 1994); Functioning of the Supreme Council of Justice (22 December 1994); Law on the status of lawyers (15 June 1995); Budget of the National Assembly (28 December 1994); Press regime (15 June 1995); Chamber of Commerce (22 June 1995); Trade measures (26 June 1995); Administration and use of arms and explosives (31 July 1995); Law on kidnapping and on traffic in and exploitation of persons; Labour Code; Law on nationality (20 August 1996). | 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 the same time, a number of laws have remained in force under article 139 of the Constitution, which states: “Any law or provision which guarantees the legitimate interests, rights, liberty and goods of individuals and is consistent with the national interest shall continue in force until amended or abrogated by new texts, except for those provisions that are contrary to the spirit of the Constitution.” (Enactment on the judicial system, criminal law and criminal procedure of the transitional period.) | 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 |
67.
New laws at the drafting stage include: the Criminal Code, the Code of Criminal Procedure, the Civil Code, the Code of Civil Procedure, a law on combating the production and use of drugs and drug trafficking, and the Women's Code.
Paragraph 3 68.
If there has been a violation of rights and freedoms, whatever the source, the State guarantees the victim the right to institute legal proceedings. | 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 National Assembly's Commission on Human Rights and Complaints, as well as NGOs, may intercede with the various authorities or assist the victim in having his case decided by the courts.
69.
The complaints are dealt with by the courts, which have jurisdiction over all actions, including administrative litigation (arts.
39 and 109 of the Constitution).
70. | 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 |
39 and 109 of the Constitution).
70.
Victims often encounter difficulties in exercising their right to seek legal remedies, in particular because of their limited knowledge of the law CCPR/C/81/Add.12 page 15 and the slowness of the proceedings, not to mention the time wasted because the complaint is sometimes addressed to an authority which lacks competence and then has to be transferred to the competent body. | 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 is only one court in the provincial capital, which is not easily accessible for every victim.
There are not enough judges to deal with the increasingly numerous and complicated cases.
Inter-agency collaboration is not yet effective.
71. | 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 |
71.
To overcome these difficulties, the Ministry of Justice has organized a training course for 42 new judges, together with another course of training; a bar consisting of 38 lawyers has been created, and further training courses are being provided for judges, royal prosecutors and court registrars at every level.
72.
The National Assembly has passed a law on the establishment and functioning of the Supreme Council of Justice. | 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 Royal Government has authorized NGOs to publicize the law and the rights of citizens and to provide defenders for the poor.
Article 3 Equal rights of men and women 73.
The Constitution of the Kingdom of Cambodia guarantees the equality of men and women, fully entitling women to take an active part in social life. | 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 constitutional principle is a step towards the complete abolition of discrimination against women and enables them to enjoy to the full the same rights as men in political, economic, social and cultural life.
74.
The Constitution of the Kingdom of Cambodia guarantees the equality of men and women in the enjoyment of civil and political rights: - Equality before the law (art.
31); - Equal right to vote and to stand as candidates for elections (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 |
34); - Equal participation in political and social life (art.
35); - Equality in marriage and the family (art.
45); - Dismissal of pregnant women is prohibited.
Women have the right to take maternity leave with full pay (art.
46).
75. | 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 |
46).
75.
In order to safeguard the right to equality, the Constitution has also abolished all practices demeaning to women: - Prohibition of discrimination and exploitation of the labour of women; - Prohibition of trafficking in human beings and exploitation by means of prostitution and obscenities demeaning to women (art.
46).
CCPR/C/81/Add.12 page 16 76.
Women are also protected in the workplace (arts.
178-182 of the Labour Code).
77. | 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 |
178-182 of the Labour Code).
77.
The law guarantees women the freedom to choose their husband (art.
4 of the Law on Marriage and the Family).
78.
Women must be accommodated separately from men in detention centres and prisons.
79.
By law, women enjoy preferential access to the civil service (art.
11 of the Law on the Common Statute for Civil Servants).
80. | 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 |
80.
The Constitution of 1993 proclaims the equality of men and women in all areas, and specifically in the workplace: - Of the 120 deputies in the National Assembly, seven are female; - There are five female Under-Secretaries of State; - There are seven female judges; - There are nine female lawyers and defenders.
81.
In other respects, too, women enjoy a range of opportunities to participate in the development of the country.
In agriculture, 60 per cent of the workforce is female. | 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 industry, 76 per cent of workers are women.
In education the figure is 83 per cent; 32.5 per cent of teachers are women in primary schools, 25 per cent in secondary schools (first stage) and 25.5 per cent in secondary schools (second stage).
In the services sector, 58.9 per cent of the workforce is female.
There are 685 female police officers.
82. | 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 685 female police officers.
82.
The destructive war of the last 20 years has plunged Cambodian society into a deep economic crisis and created very serious problems for families all over the country.
The majority of girls from poor families have been unable to receive any training and have had to discontinue their studies at the primary-school level.
Up to 50 per cent of women are illiterate, and only 19 per cent of students at university faculties are female.
83. | 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 |
83.
The present situation and Cambodian social customs are additional factors which prevent women from continuing their studies.
In the countryside, there is a shortage of higher-level schools and most parents do not allow their children to stray too far from home.
84.
In the past, a number of female prisoners used to be raped by prison warders.
Since the general election, the Royal Government has ensured that women are segregated from men and that they are guarded by female warders in most prisons. | 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 |
85.
The abduction of girls for the purposes of prostitution or trafficking is a growing problem and the Royal Government is addressing the matter (see paragraphs 146-151 regarding article 8 of the Covenant).
CCPR/C/81/Add.12 page 17 86.
The right to life in Cambodia is currently threatened by the ravages of AIDS, which is spreading very rapidly and is transmitted through sexual relations with prostitutes. | 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 AIDS problem has increased since 1992 and the Ministry of Health estimates that 6,000 people are currently HIV-positive.
87.
In order to ensure the equality of men and women in all respects, the Royal Government established the Office of the Secretary of State for Women's Affairs in November 1993. | 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 |
Its role is to educate women about their legitimate rights, thereby enabling them to achieve true equality with men and to facilitate their involvement in efforts to improve their lives and their vocational, technical and scientific skills, and permit them to exercise fully their acknowledged rights.
88.
With the assistance and support of the Office of the Secretary of State for Women’s Affairs, a dozen NGOs run by women have played an active role in the advancement of women in Cambodia’s new 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 |
The Office has also prepared a draft Women's Code for referral to the National Assembly.
This is a legal mechanism for guaranteeing and fully protecting women’s rights in all areas.
Article 4 Rights during a state of emergency Paragraph 1 89.
When the nation is in danger, the Cambodian Constitution authorizes the King to proclaim a state of emergency with the consent of the Prime Minister and the President of the National Assembly (art.
22). | 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 |
22).
Even when the nation is in danger, Cambodia continues to apply democratic principles (art.
22).
90.
Even during a period of martial law, Cambodia will not take measures that are contrary to international law.
91.
In time of war or other exceptional circumstances, when it is impossible to hold elections, the National Assembly may extend its term for one year at the King's request (art.
78, para.
5, of the Constitution).
The National Assembly shall sit continuously when the nation is in danger. | 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 Assembly has the right to terminate the state of emergency when circumstances permit.
If the Assembly is unable to sit owing to circumstances such as occupation by foreign armed forces, the proclamation of the state of emergency shall be extended automatically.
During a state of emergency, the Assembly cannot be dissolved (art.
86).
92.
The King is supreme commander of the Royal Khmer Armed Forces.
He is the Chairman of the Supreme Council of National Defence. | 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 |
He may declare war with the approval of the National Assembly (arts.
23 and 24).
CCPR/C/81/Add.12 page 18 Paragraph 2 93.
The Kingdom of Cambodia will continue in all circumstances to apply articles 6, 7, 8, paras.
1 and 2, 11, 15, 16 and 18 of the Covenant and to recognize and respect human rights as guaranteed by article 31 of the Constitution.
94.
Since its accession to the Covenant, Cambodia has refrained from taking any new measures contrary to the provisions of article 4 thereof.
95. | 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 |
95.
The Khmer Rouge, a signatory to the Paris Agreements of 23 October 1991, has not demobilized, confined or disarmed its troops under the supervision of United Nations representatives.
They have kept their weapons and prolonged the war, by continuing to cause destruction and posing a threat to security.
They are also continuing to murder civilians and officials, to wage a campaign of insurgency against the Royal Government and to pursue a policy of racism. | 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 acts violate the provisions of the Covenant and represent a very grave danger to the nation.
However, even under these circumstances, the Royal Government, the National Assembly and the King have never proclaimed a state of emergency and have not taken advantage of the situation to adopt new measures that would contravene the provisions of the Covenant. | 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 on the Outlawing of the Democratic Kampuchea Group, which was adopted by the National Assembly on 7 July 1994, expressly prohibits any violation of civil rights.
Paragraph 3 96.
To date, it has not been necessary to apply article 4 of the Covenant.
Although the Constitution does not make express provision for the implementation of article 4, by the same token it contains nothing that would prevent its application. | 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 any event, the Secretary-General of the United Nations would be informed of the proclamation of a state of emergency.
Article 5 Exercise of rights under the Covenant Paragraph 1 97.
The Cambodian Government has never interpreted the Covenant in such a way as to violate the rights and freedoms embodied therein, nor has it applied its provisions in a more restrictive or rigid fashion than that laid down by the Covenant itself. | 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 31 of the Constitution states that the Kingdom of Cambodia recognizes and respects human rights as defined in the Charter of the United Nations, the Universal Declaration of Human Rights, and the covenants and conventions relating to human rights.
Thus, no law or regulation must conflict with the provisions of the Covenant.
98.
All laws and regulations must be submitted to the Constitutional Council for examination of their constitutionality prior to their promulgation (art.
121). | 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 |
121).
Even if a law has already entered into force, the Constitutional Council may always exercise its supervisory role and rule on its constitutionality (art.
122).
Any provision that is ruled unconstitutional will not be promulgated or implemented (art.
123) CCPR/C/81/Add.12 page 19 99. | 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 |
123) CCPR/C/81/Add.12 page 19 99.
At the present time, in view of the fact that the Constitutional Council has not yet been established, the constitutionality of all existing laws passed by the National Assembly has still to be examined by the Council.
Paragraph 2 100.
There are no restrictions or limitations on the fundamental rights recognized by the Cambodian Constitution, even when those rights are not mentioned in the Covenant. | 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 |
For example, article 47, paragraph 2, of the Constitution stipulates that children have the duty to feed and care for their elderly parents in accordance with Cambodian traditions.
101.
The Law on the Outlawing of the Democratic Kampuchea Group, which was passed by the National Assembly on 7 July 1994, is a special law which satisfies the popular desire for peace and for an end to genocide.
It applies only to a group of Cambodians who are resisting the popular will (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 |
2 of the Law) and contains no provision harming or restricting citizens' rights and freedoms (art.
9).
Furthermore, it has not exceeded the limitations allowed by the Covenant.
It is in keeping with the circumstances and the situation in Cambodia.
Article 6 Right to life Paragraph 1 102.
The right to life set forth in article 6, paragraph 1, of the Covenant is embodied in article 32 of the Constitution, which states that “every person shall have the right to life, liberty and security of person”. | 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 provision concerning the “right to life” applies to all persons without distinction.
The Kingdom of Cambodia therefore guarantees and protects the right to life of all persons in its territory.
103.
The death penalty has been abolished, a fact which demonstrates that Cambodia considers the right to life to be a basic right of every human being.
104.
Cambodia believes that war is one of the major causes of the destruction of human life. | 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 order to protect the lives of its citizens and spare them the devastation of war, the Royal Government has twice agreed to participate in round-table conferences with the Khmer Rouge, requesting them in the meantime to declare a ceasefire in order to settle the domestic situation and re-establish peace.
But these efforts have not produced any satisfactory results. | 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 its relations with foreign States, Cambodia has adopted a policy of permanent neutrality, non-alignment and settlement of conflicts by peaceful means (art.
53 of the Constitution).
105.
The Democratic Kampuchea group has failed to abide by the Paris Agreements of 23 October 1991 and is continuing to wage a relentless war of devastation and to massacre innocent civilians. | 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 Royal Government has made every effort to prevent acts of aggression by the insurgents and to safeguard and protect the lives of civilians.
The National Assembly passed a Law on the CCPR/C/81/Add.12 page 20 Outlawing of the Democratic Kampuchea Group with a view to ending the war and punishing the insurgents who continue to commit crimes against the population.
106.
To protect life, Cambodia has prohibited the manufacture, use and stockpiling of modern weapons of mass destruction (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 |
54 of the Constitution).
107.
Cambodian people are currently being killed, wounded and maimed by landmines.
These are dangerous weapons which threaten human life indiscriminately.
The number of landmines in Cambodian territory is estimated at between 8 and 10 million, according to the Royal Government’s statement of 15 March 1995.
As of 1994, approximately 40,000 people had been killed or maimed.
Landmines claim a further 300 victims every month. | 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 |
Landmines claim a further 300 victims every month.
The number of deaths is about the same as the number of injured (statement by Engineer Mouly, Director of the Cambodian Mine Action Centre (CMAC)).
108.
Apart from the cost in terms of human lives, landmines in Cambodia inhibit current and future economic development.
The Royal Government has set up a demining centre to deal with this problem.
On 1 November 1993 the King signed a kret (decree) appointing the Chairman of the CMAC governing board. | 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 kret of 25 February 1995 established the Centre itself.
Between the end of 1992 and the end of 1994, the centre was instrumental in clearing 32,923 anti-personnel mines, 209 anti-tank mines, and 251,292 unexploded munitions (CMAC report, October 1994).
109. | 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 |
109.
The Royal Government issued a statement outlining its position on the landmine issue (see annex) at the meeting of government experts to prepare the Review Conference of the States Parties to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May Be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, with special emphasis on landmines, which was held in Geneva from 8 to 19 August 1994. | 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 |
An NGO conference on banning landmines was held in Phnom Phen on 3-4 June 1995.
110.
The Ministry of National Defence has ordered Cambodian military personnel to discontinue the use of landmines in the war against the Khmer Rouge insurgents.
The Government is currently drafting a bill prohibiting the manufacture, use, stockpiling and importation of mines into Cambodian territory.
111. | 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 |
111.
Cambodia regards the right to life as a supreme right that guarantees every individual the hope of developing harmoniously, prosperously and healthily from cradle to grave.
Article 38 of the Constitution makes provision for the protection of the life, honour and dignity of citizens.
Article 53 states that Cambodia follows a policy of peaceful coexistence with its neighbours and with all other countries throughout the world. | 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 |
Articles 72, 73 and 74 require the State to protect public health, paying particular attention to the needs of poor citizens, women, children and the disabled.
112.
The methods and measures which have been adopted in the economic, social and cultural fields are covered in detail in the report on economic, social and cultural rights which will be submitted at a later date.
The current life expectancy of the Cambodian population is below 50 years.
CCPR/C/81/Add.12 page 21 113. | 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 21 113.
Despite numerous guarantees designed to make life more secure, it is impossible to eliminate infant mortality entirely.
With regard to abortion as a violation of the right to life, the Royal Government is drafting a bill which stipulates the circumstances in which abortions may be performed and the power of the hospitals in this matter.
114. | 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 |
114.
A person who has committed crimes that violate the right to life, or who disseminates propaganda and engages in subversion designed to provoke war, is liable to incur penalties as stipulated by the provisions of criminal law and criminal procedure applicable in Cambodia during the transitional period (articles 31, 32, 40, 53, 54 and 67).
115.
Following the Paris Agreements, the uncontrolled use of weapons posed a threat to human life. | 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 order to eliminate this problem, the Royal Government has specified those persons entitled to possess and use firearms, including rifles, and explosives in order to maintain public order and ensure their personal safety in the performance of their duties; such persons include police officers, personnel of the armed forces, and certain officials and civilians (letter No.
088 of 3 September 1993 issued by the Ministry of the Interior and Security).
116. | 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 |
116.
Any person who illegally possesses or transports firearms, explosives, or any weapon of war, will be punished according to the law (art.
54 of the Transitional Criminal Law).
Two kinds of licences may be obtained: a licence to possess and carry a weapon, and a licence to possess a weapon but not to carry it.
The latter permits the bearer to keep a weapon in his house but not to take it outside.
117.
Victims of acts endangering their lives may claim damages proportionate to the harm suffered (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 |
39 of the Constitution, art.
9 of the 1993 Criminal Procedure Law and art.
27 of the Transitional Criminal Law).
118.
The Royal Government is proceeding to confiscate weapons from all persons who do not hold a licence.
An appeal has been launched to persuade people to apply for licences to possess and carry weapons; stop and search procedures have been instituted, and searches of domestic premises have been conducted; persons possessing and using weapons without a licence have been brought to trial. | 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, none of these measures has proved entirely satisfactory.
Large numbers of people continue to evade the crackdown and use their weapons illegally.
119.
No person may be unlawfully detained in Cambodia (art.
38 of the Constitution, art.
12 of the Transitional Criminal Law), and the Royal Government intends to take measures to eliminate arbitrary imprisonment (see paras.
152-168 concerning art.
9 of the Covenant).
120. | 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 |
152-168 concerning art.
9 of the Covenant).
120.
Notwithstanding protection measures, the right to life is still under threat.
For example, 17 soldiers of the Khmer People's National Liberation Front (KPNLF) were murdered by the Khmer Rouge on 23 September 1993 at Pursat.
In April 1994, 18 of the Royal Government’s police officers were intercepted by the Khmer Rouge while in transit from Battambang to Pailin.
They have not been heard from since. | 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 |
They have not been heard from since.
It is presumed that they were murdered by the Khmer Rouge.
In October 1994, the Khmer Rouge murdered 50 inhabitants of CCPR/C/81/Add.12 page 22 Battambang.
On 17 November 1994, the Khmer Rouge abducted 71 civilians, including seven women, in Bavel district, Battambang Province, while they were cutting bamboo in the forest.
Armed gangs have also threatened judges (see para.
205 below for further details). | 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 |
205 below for further details).
On 8 December 1994, a journalist was murdered at Kampong Cham, and there has been a spate of robberies in which victims have subsequently been murdered.
121. | 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 |
121.
The Royal Government has launched an in-depth investigation into these crimes, but with little result because, on the one hand, the perpetrators are protected members of the armed forces who do not hesitate to resort to violence to prevent investigations and, on the other hand, because Cambodian investigators lack experience.
On one occasion, soldiers surrounded the residence of the public prosecutor and the courthouse in an attempt to kill both him and the judges. | 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 incident in Battambang involved a group of soldiers commanded by a general who surrounded the prison and fired on the warders in a bid to free the inmates.
Police officers and an examining magistrate in Kampong Cham failed to arrest the suspected murderer of an individual on the staff of the newspaper Koh Santepheap (Island of Peace).
Paragraphs 2, 4, 5 and 6 122.
The death penalty has been abolished in Cambodia (art.
32, para.
2, of the 1993 Constitution).
123. | 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 |
32, para.
2, of the 1993 Constitution).
123.
Since 1993 Cambodian courts have not passed a death sentence, even on individuals who have committed the most heinous crimes.
The maximum sentence that the law allows is 20 years’ imprisonment (art.
31 of the Transitional Criminal Law).
Paragraph 3 124.
Cambodia abides by the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide, to which it acceded on 14 August 1950. | 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 7 Prohibition of torture and cruel, inhuman or degrading treatment or punishment 125.
Cambodia is a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
126.
The Cambodian Constitution prohibits physical abuse (art.
38). | 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 |
38).
The provisions relating to the judicial system, criminal law and criminal procedure applicable in Cambodia during the transitional period clearly state that detainees must be protected against torture and cruel, inhuman or degrading treatment (art.
12).
127.
The Ministry of Justice has instructed the public prosecutors attached to provincial or municipal courts to visit detention centres and prisons twice a month (or at least once a month when they have a heavy workload). | 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 |
Public CCPR/C/81/Add.12 page 23 officials, police officers and military personnel who physically abuse individuals are liable to a penalty of five years’ imprisonment (art.
57 of the Transitional Criminal Law).
128.
Confessions obtained from detainees by torture or physical or mental duress do not constitute evidence of guilt (art.
38 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 |
38 of the Constitution).
Some defendants have retracted their confessions at trial, explaining that they had confessed only because the police had threatened to torture them.
Even if the public prosecutor can find no evidence to support this claim, he is under no obligation to believe the confessions obtained by the police.
In certain cases, the Phnom Penh court has rejected a confession made to the police in the interests of securing justice for the victim. | 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 accordance with article 38 of the Constitution, the draft new criminal law stipulates that any confession obtained under duress, whether physical or mental, is inadmissible as evidence.
129.
In the case of physical abuse or improper application of the law by State bodies, social organizations or their employees, aggrieved persons may lodge a complaint with courts at all levels: courts of first instance, the Court of Appeal and the Supreme Court (arts.
2 and 5 of the Criminal Procedure Law).
130. | 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 |
2 and 5 of the Criminal Procedure Law).
130.
Victims may claim compensation for wrongs and damages from persons who commit or participate or conspire in wrongful acts (art.
39 of the Constitution and art.
27 of the Transitional Criminal Law).
131.
In order to safeguard the lives, honour and dignity of the people, article 38, paragraphs 3 and 4, of the Constitution stipulates that the investigation, arrest, custody and detention of any person must proceed in accordance with the law. | 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 |
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