Human rights in Cambodia
Encyclopedia
The human rights
situation in Cambodia
is facing growing criticisms both within the country and an increasingly alarmed international community. After a series of flagrant violation against basic human rights a feeling of incertitude regarding the direction the country is emerging, sometimes comparing the situation to a new-born Burma.
In its report on Cambodia, Human Rights Watch
stated that "Authorities continue to ban or disperse most public demonstrations. Politicians and journalists critical of the government face violence and intimidation and are barred from equal access to the broadcast media. In addition, the judiciary remains weak and subject to political influence. Trafficking of women and children for sexual exploitation through networks protected or backed by police or government officials is rampant. The government continues to turn a blind eye to fraudulent confiscation of farmers’ land, illegal logging, and widespread plundering of natural resources.”
The current state of the country could be described as a semblance of pluralistic democracy
. In July 2004, the royalist opposition party FUNCINPEC formed a coalition government with the Cambodian People Party (CPP) after a political deadlock of more than a year. More recently, Sam Rainsy Party (SRP) members have been targeted for criminal prosecutions, after seeing the parliamentarian immunity of several SRP member lifted by a criticized closed-door hand vote with members of the parliament.
culture and its absolute rule of god-kings, and Buddhism, the main religion within Cambodian society.
On the other hand, the country is also greatly influenced from its modern influences of French
colonialism, and a half century of radical change from constitutional monarchy, to a presidential regime under Lon Nol, a radical Marxism-Leninism under the Khmer Rouge
, a Vietnam
ese occupation under the communist party People's Republic of Kampuchea (PRK), to finally the restoration of constitutional monarchy under a United Nations
administered transition (UNTAC), a result of the Paris Agreement signed in 1991. Under the Khmer Rouge, extensive violations of human rights were conducted.
The Paris Agreement required that the Constitution include "basic principles, including those regarding human rights and fundamental freedoms ..." The Paris Agreement also required Cambodia “to take effective measures to ensure that the policies and practices of the past shall never be allowed to return." The Constitution of 1993 does indeed contain a chapter on "The Rights and Obligations of Khmer Citizens" consisting of twenty articles (Articles 31-50), seventeen of which relate to rights and three to duties. In compliance with the requirement of the Paris Agreement that the constitution provide that "[a]ggrieved individuals will be entitled to have the courts adjudicate and enforce these rights" and that "[a]n independent judiciary will be established, empowered to enforce the rights provided under the constitution", the Constitution stipulates that Khmer citizens have the right to denounce, make complaints or file claims against the state of state agents, the settlement of which should be determined by the courts.
Since the adoption of the Constitution
in 1993, the UN appointed a Special Representative of the Secretary-General for Human Rights in Cambodia and the UN High Commissioner for Human Rights opened a Cambodian office. These institutions alongside local and international human rights groups have documented a wide range of human rights violations, with limited results, in terms of reform and redress.
, including lack of access to the media, are endemic. More recently, what was decried as a campaign against freedom of expression marked an accelerating backward slide in Cambodia’s efforts to promote human rights values.
There are severe restrictions on freedom of assembly
, granted by the Cambodian Constitution, is also being perceived by local organizations as a deliberate campaign to repress Cambodian civil society to grow and voice their concern.
Arbitrary arrests are also practiced by the CPP government using a politically controlled court as a mean to strengthen its grip on power. Recently, the UN Working Group on Arbitrary Detention ruled that 'the detention of Sam Rainsy
Party MP Cheam Channy
is in violation of both Cambodian and international law'.
report shows how, contrary to Cambodia’s obligations under international human rights law
, those affected by evictions have had no opportunity for genuine participation and consultation beforehand. Information on planned evictions and on resettlement
packages has been incomplete and inaccurate, undermining the rights of those affected to information, and to participate in decisions which affect the exercise of their human rights, in particular the right to adequate housing. The lack of legal protection from forced eviction, and lack of regulation of existing standards has left an accountability gap which increases the vulnerability of marginalized people, particularly those living in poverty, to human rights abuses including forced evictions.
received strong international coverage by major human rights and labour organizations, and the United Nations.
Land confiscations, arbitrary arrest and detention, torture
, forced child labor, trafficking in women and children, discrimination and domestic violence against women, and abuse of children are also affecting Cambodians.
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
situation in Cambodia
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
is facing growing criticisms both within the country and an increasingly alarmed international community. After a series of flagrant violation against basic human rights a feeling of incertitude regarding the direction the country is emerging, sometimes comparing the situation to a new-born Burma.
In its report on Cambodia, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
stated that "Authorities continue to ban or disperse most public demonstrations. Politicians and journalists critical of the government face violence and intimidation and are barred from equal access to the broadcast media. In addition, the judiciary remains weak and subject to political influence. Trafficking of women and children for sexual exploitation through networks protected or backed by police or government officials is rampant. The government continues to turn a blind eye to fraudulent confiscation of farmers’ land, illegal logging, and widespread plundering of natural resources.”
The current state of the country could be described as a semblance of pluralistic democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
. In July 2004, the royalist opposition party FUNCINPEC formed a coalition government with the Cambodian People Party (CPP) after a political deadlock of more than a year. More recently, Sam Rainsy Party (SRP) members have been targeted for criminal prosecutions, after seeing the parliamentarian immunity of several SRP member lifted by a criticized closed-door hand vote with members of the parliament.
Historical background
Human rights in Cambodia may be seen in the context of both its traditions deriving primarily from IndianCulture of India
India's languages, religions, dance, music, architecture, food and customs differ from place to place within the country, but nevertheless possess a commonality....
culture and its absolute rule of god-kings, and Buddhism, the main religion within Cambodian society.
On the other hand, the country is also greatly influenced from its modern influences of French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
colonialism, and a half century of radical change from constitutional monarchy, to a presidential regime under Lon Nol, a radical Marxism-Leninism under the Khmer Rouge
Khmer Rouge
The Khmer Rouge literally translated as Red Cambodians was the name given to the followers of the Communist Party of Kampuchea, who were the ruling party in Cambodia from 1975 to 1979, led by Pol Pot, Nuon Chea, Ieng Sary, Son Sen and Khieu Samphan...
, a Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
ese occupation under the communist party People's Republic of Kampuchea (PRK), to finally the restoration of constitutional monarchy under a United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
administered transition (UNTAC), a result of the Paris Agreement signed in 1991. Under the Khmer Rouge, extensive violations of human rights were conducted.
The Paris Agreement required that the Constitution include "basic principles, including those regarding human rights and fundamental freedoms ..." The Paris Agreement also required Cambodia “to take effective measures to ensure that the policies and practices of the past shall never be allowed to return." The Constitution of 1993 does indeed contain a chapter on "The Rights and Obligations of Khmer Citizens" consisting of twenty articles (Articles 31-50), seventeen of which relate to rights and three to duties. In compliance with the requirement of the Paris Agreement that the constitution provide that "[a]ggrieved individuals will be entitled to have the courts adjudicate and enforce these rights" and that "[a]n independent judiciary will be established, empowered to enforce the rights provided under the constitution", the Constitution stipulates that Khmer citizens have the right to denounce, make complaints or file claims against the state of state agents, the settlement of which should be determined by the courts.
Since the adoption of the Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
in 1993, the UN appointed a Special Representative of the Secretary-General for Human Rights in Cambodia and the UN High Commissioner for Human Rights opened a Cambodian office. These institutions alongside local and international human rights groups have documented a wide range of human rights violations, with limited results, in terms of reform and redress.
Freedom of Expression and Assembly
Violations of freedom of expressionFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, including lack of access to the media, are endemic. More recently, what was decried as a campaign against freedom of expression marked an accelerating backward slide in Cambodia’s efforts to promote human rights values.
There are severe restrictions on freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
, granted by the Cambodian Constitution, is also being perceived by local organizations as a deliberate campaign to repress Cambodian civil society to grow and voice their concern.
Weak Judiciary System
Efforts to establish an independent judiciary have been considerable for over a decade but have not yet achieved hoped-for results. The judiciary remains corrupt, inefficient, and mostly controlled by the ruling party CPP. Flagrant violations of human rights by state agents have been identified but prosecutions have been rare.Arbitrary arrests are also practiced by the CPP government using a politically controlled court as a mean to strengthen its grip on power. Recently, the UN Working Group on Arbitrary Detention ruled that 'the detention of Sam Rainsy
Sam Rainsy
Sam Rainsy is a Cambodian politician.Sam Rainsy was born in Phnom Penh, son of Sam Sary, a member of Cambodia's government for a time in the 1950s. He moved to France in 1965, studied there and then worked in a variety of Parisian financial companies...
Party MP Cheam Channy
Cheam Channy
Cheam Channy is a Cambodian politician and member of parliament for the opposition Sam Rainsy Party . He was elected as a representative for Battambang Province in the 1998 National Elections, then again for Kompong Cham province in 2003.On 3 February 2005, a vote in the Cambodian National...
is in violation of both Cambodian and international law'.
Women's Rights
Gender roles in Cambodia are strict and domestic violence against women is a very serious problem. But for several years, the Cambodian Ministry of Women's Affairs has shown a considerable commitment in the fight against gender-specific and domestic violence, even making it a national Millinnium Development Goal. Although still problematic, the country has made much headway says Susanne M. Müller. Small steps, great successImpunity
In numerous cases when violations reported are involving high-ranking generals and close friends to the ruling party, no actions are taken by the authorities to bring perpetrators to justice. In 2005, the Kbal Spean community lost 5 of its members after military forces entered their village to forcefully relocate them. Claims on the land was deposed to the court by a state representative.Forced evictions
Human rights activists are increasingly worried that forced evictions in Cambodia are spiralling out of control. An Amnesty InternationalAmnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
report shows how, contrary to Cambodia’s obligations under international human rights law
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
, those affected by evictions have had no opportunity for genuine participation and consultation beforehand. Information on planned evictions and on resettlement
Resettlement
Resettlement:*can refer to voluntary or involuntary human migration*can be a euphemism for forced migration*can be a euphemism for population transfer...
packages has been incomplete and inaccurate, undermining the rights of those affected to information, and to participate in decisions which affect the exercise of their human rights, in particular the right to adequate housing. The lack of legal protection from forced eviction, and lack of regulation of existing standards has left an accountability gap which increases the vulnerability of marginalized people, particularly those living in poverty, to human rights abuses including forced evictions.
Other
Other serious and persistent human rights problems include unresolved political murder, abuse of unionists and opposition politicians. Amongst several unresolved assassinations, the murder of union leader Chea VicheaChea Vichea
Chea Vichea was the leader of the Free Trade Union of Workers of the Kingdom of Cambodia until his assassination on Chinese New Year, 22 January 2004...
received strong international coverage by major human rights and labour organizations, and the United Nations.
Land confiscations, arbitrary arrest and detention, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, forced child labor, trafficking in women and children, discrimination and domestic violence against women, and abuse of children are also affecting Cambodians.
Current Issues
Current issues of particular concerns are the forcible repatriation of Vietnamese Montangnard asylum seekers by the Cambodian government and an alarming number of land issues throughout the country.See also
- LGBT rights in Cambodia
- Politics of CambodiaPolitics of CambodiaThe Politics of Cambodia takes place in a framework of a constitutional monarchy, whereby the Prime Minister is the head of government and a Monarch is head of state. The kingdom formally takes place according to the nation's constitution in a framework of a parliamentary, representative...
- Cambodian Center for Human RightsCambodian Center for Human RightsThe Cambodian Center for Human Rights is a non-partisan, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia. It focuses primarily on civil and political rights and on a variety of interlinked human rights issues...
- SithiSithiThe Sithi are a cryptic, near-immortal elder race from the Memory, Sorrow, and Thorn trilogy by Tad Williams....
- Cambodia Human Rights Portal (Sithi) - Ou VirakOu VirakOu Virak is a well known Cambodian human rights activist and intellectual, the President of the Cambodian Center for Human Rights, founder of the Alliance for Freedom of Expression in Cambodia , and winner of the Reebok Human Rights Award for his civil society campaign for freedom of expression...
- COMFREL The Committee for Free and Fair Elections
International Organizations
- Cambodia on websites of Amnesty International,
- Human Rights Watch and FIDH
- Office of the High Commissioner for Human Rights in Cambodia
- ILO Projects in Cambodia - International Labour OrganizationInternational Labour OrganizationThe International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
- Projects & Activities by UNIFEMUNIFEMThe United Nations Development Fund for Women, commonly known as UNIFEM was established in December 1976 originally as the Voluntary Fund for the United Nations Decade for Women in the International Women's Year. Its first director was Dr. Margaret Snyder, Ph.D...
- Country Reports on CEDAW
- Country Info from UNICEF
- Understanding the Convention on the Rights of the ChildConvention on the Rights of the ChildThe United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
(CRC) - Latest Resources for Cambodia from Child Rights Information NetworkChild Rights Information NetworkThe Child Rights Information Network is an international network that supports the United Nations Convention on the Rights of the Child and child rights. CRIN has a membership of more than 1,400 organisations in over 130 countries...
(CRIN) - Cambodia: Freedoms of expression, association and assembly: A shrinking space FIDH, OMCT, 2010
National Organizations
- LICADHO - Cambodian League for the Promotion and Defense of Human Rights
- Cambodian Center for Human Rights (CCHR)
- The Committee for Free and Fair Elections (COMFREL)
- Cambodian Human Rights and Development Association (ADHOC)
Others
- Cambodian Human Rights Portal (Sithi)
- Censorship in Cambodia - IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Watchdog Group Urges Cambodia To Free Jailed Broadcaster - Article from VOAVoice of AmericaVoice of America is the official external broadcast institution of the United States federal government. It is one of five civilian U.S. international broadcasters working under the umbrella of the Broadcasting Board of Governors . VOA provides a wide range of programming for broadcast on radio...
- This site contains some documents relating to human rights situation in Cambodia produced by the AHRC as well as human rights news relating to Cambodia.