| CAMBODIA Kingdom of Cambodia Preahreacheanachakr Kampuchea Joined United Nations: 14 December 1955 Human Rights as assured by their constitution Click here Updated 11/11/10 |
| CAPITAL |
| POPULATION |
| CHIEF OF STATE |
| SELECTION PROCESS |
Phnom Penh
14,453,680
note: estimates for this country take into account the effects of excess mortality due to
AIDS; this can result in lower life expectancy, higher infant mortality and death rates,
lower population growth rates, and changes in the distribution of population by age and
sex than would otherwise be expected (July 2010 est.)
note: estimates for this country take into account the effects of excess mortality due to
AIDS; this can result in lower life expectancy, higher infant mortality and death rates,
lower population growth rates, and changes in the distribution of population by age and
sex than would otherwise be expected (July 2010 est.)
Hun Sen
Prime Minister since 14 January 1985
Prime Minister since 14 January 1985
The monarch is chosen by a Royal Throne Council
Next scheduled election: None
Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
Following legislative elections, a member of the majority party
or majority coalition is named prime minister by the Chairman of
the National Assembly and appointed by the king
Next scheduled election: July 2013
or majority coalition is named prime minister by the Chairman of
the National Assembly and appointed by the king
Next scheduled election: July 2013
| DECLARATION OF HUMAN RIGHTS |
| ETHNIC GROUPS |
Khmer 90%, Vietnamese 5%, Chinese 1%, other 4%
| RELIGIONS |
Theravada Buddhist 95%, other 5%
| GOVERNMENT STRUCTURE |
Multiparty democracy under a constitutional monarchy with 20 provinces (khaitt, singular and plural) and 4 municipalities (krong, singular
and plural); Legal system primarily a civil law mixture of French-influenced codes from the United Nations Transitional Authority in
Cambodia (UNTAC) period, royal decrees, and acts of the legislature, with influences of customary law and remnants of
communist legal theory; increasing influence of common law; accepts compulsory ICJ jurisdiction with reservations
Executive: The monarch is chosen by a Royal Throne Council; following legislative elections, a member of the majority party or majority
coalition is named prime minister by the Chairman of the National Assembly and appointed by the king
Legislative: Bicameral, consists of the National Assembly (123 seats; members elected by popular vote to serve five-year terms)
and the Senate (61 seats; 2 members appointed by the monarch, 2 elected by the National Assembly, and 57 elected by
parliamentarians and commune councils; members serve five-year terms)
elections: elections: National Assembly - last held 27 July 2008 (next to be held in July 2013); Senate - last held 22 January 2006
(next to be held in January 2011)
Judicial: Supreme Council of the Magistracy (provided for in the constitution and formed in December 1997); Supreme Court (and
lower courts) exercises judicial authority
and plural); Legal system primarily a civil law mixture of French-influenced codes from the United Nations Transitional Authority in
Cambodia (UNTAC) period, royal decrees, and acts of the legislature, with influences of customary law and remnants of
communist legal theory; increasing influence of common law; accepts compulsory ICJ jurisdiction with reservations
Executive: The monarch is chosen by a Royal Throne Council; following legislative elections, a member of the majority party or majority
coalition is named prime minister by the Chairman of the National Assembly and appointed by the king
Legislative: Bicameral, consists of the National Assembly (123 seats; members elected by popular vote to serve five-year terms)
and the Senate (61 seats; 2 members appointed by the monarch, 2 elected by the National Assembly, and 57 elected by
parliamentarians and commune councils; members serve five-year terms)
elections: elections: National Assembly - last held 27 July 2008 (next to be held in July 2013); Senate - last held 22 January 2006
(next to be held in January 2011)
Judicial: Supreme Council of the Magistracy (provided for in the constitution and formed in December 1997); Supreme Court (and
lower courts) exercises judicial authority
| LANGUAGES |
Khmer (official) 95%, French, English
| BRIEF HISTORY |
Prehistoric Cambodia is poorly known, as a large part of modern-day Cambodia was under water 6000 years ago. Evidence of
cave dwellers has been found in northwest Cambodia and carbon dating of ceramic pots found in the area shows that they were
made around 4200 BC. However, historians find it difficult to directly relate these with the modern Khmer. Archaeologists
discovered that in 1000 BC the peoples lived in houses on stilts and subsisted on a diet of fish and cultivated rice. Archaeological
evidence indicates that parts of the region now called Cambodia were inhabited during the first and second millennia BCE by a
Neolithic culture that may have migrated from South Eastern China to the Indochinese Peninsula. The Khmer people were one of
the first inhabitants of South East Asia. They were also among the first in South East Asia to adopt religious ideas and political
institutions from India and to establish centralized kingdoms encompassing large territories. The earliest known kingdom in the area,
Funan, flourished from around the first to the sixth century AD. This was succeeded by Chenla, which controlled large parts of
modern Cambodia, Vietnam, Laos, and Thailand.. The golden age of Khmer civilization, however, was the period from the ninth to
the thirteenth centuries, when the kingdom of Kambuja, which gave Kampuchea, or Cambodia, its name, ruled large territories from
its capital in the region of Angkor in western Cambodia. Under Jayavarman VII (1181-ca. 1218), Kambuja reached its zenith of
political power and cultural creativity. Jayavarman VII gained power and territory in a series of successful wars against its close
enemies; the Cham and the Vietnamese. The Angkorian monarchy survived until 1431, when the Thai captured Angkor Thom and
the Cambodian king fled to the southern part of the country. The fifteenth to the nineteenth centuries were a period of continued
decline and territorial loss. Cambodia enjoyed a brief period of prosperity during the sixteenth century because its kings, who built
their capitals in the region southeast of the Tonle Sap along the Mekong River, promoted trade with other parts of Asia. This was
the period when Spanish and Portuguese adventurers and missionaries first visited the country. In 1863, King Norodom signed an
agreement with the French to establish a protectorate over his kingdom. The state gradually came under French colonial domination.
During World War II, the Japanese allowed the French government (based at Vichy) that collaborated with the republican
opponents and attempted to negotiate acceptable terms for independence from the French. Sihanouk's "royal crusade for
independence" resulted in grudging French acquiescence to his demands for a transfer of sovereignty. A partial agreement was
struck in October 1953. Sihanouk then declared that independence had been achieved and returned in triumph to Phnom Penh.
Neutrality was the central element of Cambodian foreign policy during the 1950s and 1960s. By the mid-1960s, parts of
Cambodia's eastern provinces were serving as bases for North Vietnamese Army and Viet Cong (NVA/VC) forces operating
against South Vietnam, and the port of Sihanoukville was being used to supply them. As NVA/VC activity grew, the United States
and South Vietnam became concerned, and in 1969, the United States began a fourteen month long series of bombing raids
targeted at NVA/VC elements, contributing to destabilization. In March 1970, while Prince Sihanouk was absent, General Lon Nol
deposed Prince Sihanouk in a coup d'etat [a Military Coup] planned by the CIA. Lon Nol assumed the power after the military
coup and allied Cambodia with the United States. Son Ngoc Thanh announced his support for the new government. On October 9,
the Cambodian monarchy was abolished, and the country was renamed the Khmer Republic. Hanoi rejected the new republic's
request for the withdrawal of NVA troops. 2,000-4,000 Cambodians who had gone to North Vietnam in 1954 reentered
Cambodia, backed by North Vietnamese soldiers. In response, the United States moved to provide material assistance to the new
government's armed forces, which were engaged against both CPK insurgents and NVA forces. The Communist insurgency inside
Cambodia continued to grow, aided by supplies and military support from North Vietnam. Pol Pot and Ieng Sary asserted their
dominance over the Vietnamese-trained communists, many of whom were purged. On New Year's Day 1975, Communist troops
launched an offensive which, in 117 days of the hardest fighting of the war, collapsed the Khmer Republic. Simultaneous attacks
around the perimeter of Phnom Penh pinned down Republican forces, while other CPK units overran fire bases controlling the vital
lower Mekong resupply route. A US-funded airlift of ammunition and rice ended when Congress refused additional aid for
Cambodia. Phnom Penh and other cities were subjected to daily rocket attacks causing thousands of civilian casualties. The Lon
Nol government in Phnom Penh surrendered on April 17--5 days after the US mission evacuated Cambodia. Immediately after its
victory, the CPK ordered the evacuation of all cities and towns, sending the entire urban population into the countryside to work as
farmers, as the CPK was trying to reshape society into a model that Pol Pot had conceived. Thousands starved or died of disease
during the evacuation and its aftermath. Within the CPK, the Paris-educated leadership--Pol Pot, Ieng Sary, Nuon Chea, and Son
Sen--were in control. A new constitution in January 1976 established Democratic Kampuchea as a Communist People's Republic.
The new government sought to completely restructure Cambodian society. Remnants of the old society were abolished and religion,
particularly Buddhism and Catholicism, was suppressed. Solid estimates of the numbers who died between 1975 and 1979 are not
available, but it is likely that hundreds of thousands were brutally executed by the regime. Hundreds of thousands died of starvation
and disease (both under the CPK and during the Vietnamese invasion in 1978). Some estimates of the dead range from 1 to 3
million, out of a 1975 population estimated at 7.3 million. The CIA estimated 50,000-100,000 were executed and 1.2 million died
from 1975 to 1979. In late December 1978, Vietnamese forces launched a full invasion of Cambodia, capturing Phnom Penh on
January 7, 1979 and driving the remnants of Democratic Kampuchea's army westward toward Thailand. On January 10, 1979,
Communist Vietnam installed Heng Samrin as head of state in the new People's Republic of Kampuchea (PRK). The Vietnamese
army continued its pursuit of Pol Pot's Khmer Rouge forces. At least 600,000 Cambodians displaced during the Pol Pot era and the
Vietnamese invasion began streaming to the Thai border in search of refuge. The international community responded with a massive
relief effort coordinated by the United States through UNICEF and the World Food Program. More than $400 million was
provided between 1979 and 1982, of which the United States contributed nearly $100 million. At one point, more than 500,000
Cambodians were living along the Thai-Cambodian border and more than 100,000 in holding centers inside Thailand. Peace efforts
intensified in 1989 and 1991 with two international conferences in Paris, and a UN peacekeeping mission helped maintain a
cease-fire. UN-sponsored elections in 1993 helped restore some semblance of normality as did the surrender of elements of the
Khmer Rouge in the mid-1990s. Norodom Sihanouk was reinstated as King. After fighting in 1997, a coalition government, formed
after national elections, brought renewed political stability and the surrender of remaining Khmer Rouge forces in 1998. Compared
to its recent past, the 1993-2003 period has been one of relative stability for Cambodia. However, political violence continues.
Source: Wikipedia: History of Cambodia
cave dwellers has been found in northwest Cambodia and carbon dating of ceramic pots found in the area shows that they were
made around 4200 BC. However, historians find it difficult to directly relate these with the modern Khmer. Archaeologists
discovered that in 1000 BC the peoples lived in houses on stilts and subsisted on a diet of fish and cultivated rice. Archaeological
evidence indicates that parts of the region now called Cambodia were inhabited during the first and second millennia BCE by a
Neolithic culture that may have migrated from South Eastern China to the Indochinese Peninsula. The Khmer people were one of
the first inhabitants of South East Asia. They were also among the first in South East Asia to adopt religious ideas and political
institutions from India and to establish centralized kingdoms encompassing large territories. The earliest known kingdom in the area,
Funan, flourished from around the first to the sixth century AD. This was succeeded by Chenla, which controlled large parts of
modern Cambodia, Vietnam, Laos, and Thailand.. The golden age of Khmer civilization, however, was the period from the ninth to
the thirteenth centuries, when the kingdom of Kambuja, which gave Kampuchea, or Cambodia, its name, ruled large territories from
its capital in the region of Angkor in western Cambodia. Under Jayavarman VII (1181-ca. 1218), Kambuja reached its zenith of
political power and cultural creativity. Jayavarman VII gained power and territory in a series of successful wars against its close
enemies; the Cham and the Vietnamese. The Angkorian monarchy survived until 1431, when the Thai captured Angkor Thom and
the Cambodian king fled to the southern part of the country. The fifteenth to the nineteenth centuries were a period of continued
decline and territorial loss. Cambodia enjoyed a brief period of prosperity during the sixteenth century because its kings, who built
their capitals in the region southeast of the Tonle Sap along the Mekong River, promoted trade with other parts of Asia. This was
the period when Spanish and Portuguese adventurers and missionaries first visited the country. In 1863, King Norodom signed an
agreement with the French to establish a protectorate over his kingdom. The state gradually came under French colonial domination.
During World War II, the Japanese allowed the French government (based at Vichy) that collaborated with the republican
opponents and attempted to negotiate acceptable terms for independence from the French. Sihanouk's "royal crusade for
independence" resulted in grudging French acquiescence to his demands for a transfer of sovereignty. A partial agreement was
struck in October 1953. Sihanouk then declared that independence had been achieved and returned in triumph to Phnom Penh.
Neutrality was the central element of Cambodian foreign policy during the 1950s and 1960s. By the mid-1960s, parts of
Cambodia's eastern provinces were serving as bases for North Vietnamese Army and Viet Cong (NVA/VC) forces operating
against South Vietnam, and the port of Sihanoukville was being used to supply them. As NVA/VC activity grew, the United States
and South Vietnam became concerned, and in 1969, the United States began a fourteen month long series of bombing raids
targeted at NVA/VC elements, contributing to destabilization. In March 1970, while Prince Sihanouk was absent, General Lon Nol
deposed Prince Sihanouk in a coup d'etat [a Military Coup] planned by the CIA. Lon Nol assumed the power after the military
coup and allied Cambodia with the United States. Son Ngoc Thanh announced his support for the new government. On October 9,
the Cambodian monarchy was abolished, and the country was renamed the Khmer Republic. Hanoi rejected the new republic's
request for the withdrawal of NVA troops. 2,000-4,000 Cambodians who had gone to North Vietnam in 1954 reentered
Cambodia, backed by North Vietnamese soldiers. In response, the United States moved to provide material assistance to the new
government's armed forces, which were engaged against both CPK insurgents and NVA forces. The Communist insurgency inside
Cambodia continued to grow, aided by supplies and military support from North Vietnam. Pol Pot and Ieng Sary asserted their
dominance over the Vietnamese-trained communists, many of whom were purged. On New Year's Day 1975, Communist troops
launched an offensive which, in 117 days of the hardest fighting of the war, collapsed the Khmer Republic. Simultaneous attacks
around the perimeter of Phnom Penh pinned down Republican forces, while other CPK units overran fire bases controlling the vital
lower Mekong resupply route. A US-funded airlift of ammunition and rice ended when Congress refused additional aid for
Cambodia. Phnom Penh and other cities were subjected to daily rocket attacks causing thousands of civilian casualties. The Lon
Nol government in Phnom Penh surrendered on April 17--5 days after the US mission evacuated Cambodia. Immediately after its
victory, the CPK ordered the evacuation of all cities and towns, sending the entire urban population into the countryside to work as
farmers, as the CPK was trying to reshape society into a model that Pol Pot had conceived. Thousands starved or died of disease
during the evacuation and its aftermath. Within the CPK, the Paris-educated leadership--Pol Pot, Ieng Sary, Nuon Chea, and Son
Sen--were in control. A new constitution in January 1976 established Democratic Kampuchea as a Communist People's Republic.
The new government sought to completely restructure Cambodian society. Remnants of the old society were abolished and religion,
particularly Buddhism and Catholicism, was suppressed. Solid estimates of the numbers who died between 1975 and 1979 are not
available, but it is likely that hundreds of thousands were brutally executed by the regime. Hundreds of thousands died of starvation
and disease (both under the CPK and during the Vietnamese invasion in 1978). Some estimates of the dead range from 1 to 3
million, out of a 1975 population estimated at 7.3 million. The CIA estimated 50,000-100,000 were executed and 1.2 million died
from 1975 to 1979. In late December 1978, Vietnamese forces launched a full invasion of Cambodia, capturing Phnom Penh on
January 7, 1979 and driving the remnants of Democratic Kampuchea's army westward toward Thailand. On January 10, 1979,
Communist Vietnam installed Heng Samrin as head of state in the new People's Republic of Kampuchea (PRK). The Vietnamese
army continued its pursuit of Pol Pot's Khmer Rouge forces. At least 600,000 Cambodians displaced during the Pol Pot era and the
Vietnamese invasion began streaming to the Thai border in search of refuge. The international community responded with a massive
relief effort coordinated by the United States through UNICEF and the World Food Program. More than $400 million was
provided between 1979 and 1982, of which the United States contributed nearly $100 million. At one point, more than 500,000
Cambodians were living along the Thai-Cambodian border and more than 100,000 in holding centers inside Thailand. Peace efforts
intensified in 1989 and 1991 with two international conferences in Paris, and a UN peacekeeping mission helped maintain a
cease-fire. UN-sponsored elections in 1993 helped restore some semblance of normality as did the surrender of elements of the
Khmer Rouge in the mid-1990s. Norodom Sihanouk was reinstated as King. After fighting in 1997, a coalition government, formed
after national elections, brought renewed political stability and the surrender of remaining Khmer Rouge forces in 1998. Compared
to its recent past, the 1993-2003 period has been one of relative stability for Cambodia. However, political violence continues.
Source: Wikipedia: History of Cambodia
| ECONOMIC OVERVIEW |
From 2004 to 2007, the economy grew about 10% per year, driven largely by an expansion in the garment sector, construction,
agriculture, and tourism. GDP dropped to below 7% growth in 2008 and probably contracted in 2009 as a result of the global
economic slowdown. With the January 2005 expiration of a WTO Agreement on Textiles and Clothing, Cambodian textile
producers were forced to compete directly with lower-priced countries such as China, India, Vietnam, and Bangladesh. The
garment industry currently employs more than 280,000 people -about 5% of the work force - and contributes more than 70% of
Cambodia's exports. In 2005, exploitable oil deposits were found beneath Cambodia's territorial waters, representing a new
revenue stream for the government if commercial extraction begins. Mining also is attracting significant investor interest, particularly
in the northern parts of the country. The government has said opportunities exist for mining bauxite, gold, iron and gems. In 2006, a
US-Cambodia bilateral Trade and Investment Framework Agreement (TIFA) was signed, and several rounds of discussions have
been held since 2007. Rubber exports increased about 25% in 2009 due to rising global demand. The tourism industry has
continued to grow rapidly, with foreign arrivals exceeding 2 million per year in 2007-08, however, economic troubles abroad
dampened growth in 2009. The global financial crisis is weakening demand for Cambodian exports, and construction is declining
due to a shortage of credit. The long-term development of the economy remains a daunting challenge. The Cambodian government
is working with bilateral and multilateral donors, including the World Bank and IMF, to address the country's many pressing needs.
The major economic challenge for Cambodia over the next decade will be fashioning an economic environment in which the private
sector can create enough jobs to handle Cambodia's demographic imbalance. More than 50% of the population is less than 21
years old. The population lacks education and productive skills, particularly in the poverty-ridden countryside, which suffers from an
almost total lack of basic infrastructure.
Source: CIA World Factbook (select Cambodia)
agriculture, and tourism. GDP dropped to below 7% growth in 2008 and probably contracted in 2009 as a result of the global
economic slowdown. With the January 2005 expiration of a WTO Agreement on Textiles and Clothing, Cambodian textile
producers were forced to compete directly with lower-priced countries such as China, India, Vietnam, and Bangladesh. The
garment industry currently employs more than 280,000 people -about 5% of the work force - and contributes more than 70% of
Cambodia's exports. In 2005, exploitable oil deposits were found beneath Cambodia's territorial waters, representing a new
revenue stream for the government if commercial extraction begins. Mining also is attracting significant investor interest, particularly
in the northern parts of the country. The government has said opportunities exist for mining bauxite, gold, iron and gems. In 2006, a
US-Cambodia bilateral Trade and Investment Framework Agreement (TIFA) was signed, and several rounds of discussions have
been held since 2007. Rubber exports increased about 25% in 2009 due to rising global demand. The tourism industry has
continued to grow rapidly, with foreign arrivals exceeding 2 million per year in 2007-08, however, economic troubles abroad
dampened growth in 2009. The global financial crisis is weakening demand for Cambodian exports, and construction is declining
due to a shortage of credit. The long-term development of the economy remains a daunting challenge. The Cambodian government
is working with bilateral and multilateral donors, including the World Bank and IMF, to address the country's many pressing needs.
The major economic challenge for Cambodia over the next decade will be fashioning an economic environment in which the private
sector can create enough jobs to handle Cambodia's demographic imbalance. More than 50% of the population is less than 21
years old. The population lacks education and productive skills, particularly in the poverty-ridden countryside, which suffers from an
almost total lack of basic infrastructure.
Source: CIA World Factbook (select Cambodia)
| POLITICAL CLIMATE |
Cambodia is a constitutional monarchy, i.e. the King reigns but does not rule, in similar fashion to Queen Elizabeth II of the United
Kingdom. The King is officially the Head of State and is the symbol of unity and "eternity" of the nation, as defined by Cambodia's
constitution. Unlike most monarchies, Cambodia's monarchy isn't necessarily hereditary and the King is not allowed to select his
own heir. Instead, a new King is chosen by a Royal Council of the Throne, consisting of the president of the National Assembly, the
Prime Minister, the Chiefs of the orders of Mohanikay and Thammayut, and the First and Second Vice-President of the Assembly.
The Royal Council meets within a week of the King's death or abdication and selects a new King from a pool of candidates with
royal blood.
The Prime Minister of Cambodia is a representative from the ruling party of the National Assembly. He or she is appointed by the
King on the recommendation of the President and Vice Presidents of the National Assembly. The Prime Minister is officially the
Head of Government in Cambodia. Upon entry into office, he appoints a Council of Ministers who are responsible to the Prime
Minister.
The official duty of the Parliament is to legislate and make laws. Bills passed by the Parliament are given to the King who gives the
proposed bills Royal Assent. The King does not have veto power over bills passed by the National Assembly (the lower house)
and, thus, cannot withhold Royal Assent. The National Assembly also has the power to dismiss the Prime Minister and his
government by a two-thirds vote of no confidence.
Source: Wikipedia: Politics of Cambodia
Kingdom. The King is officially the Head of State and is the symbol of unity and "eternity" of the nation, as defined by Cambodia's
constitution. Unlike most monarchies, Cambodia's monarchy isn't necessarily hereditary and the King is not allowed to select his
own heir. Instead, a new King is chosen by a Royal Council of the Throne, consisting of the president of the National Assembly, the
Prime Minister, the Chiefs of the orders of Mohanikay and Thammayut, and the First and Second Vice-President of the Assembly.
The Royal Council meets within a week of the King's death or abdication and selects a new King from a pool of candidates with
royal blood.
The Prime Minister of Cambodia is a representative from the ruling party of the National Assembly. He or she is appointed by the
King on the recommendation of the President and Vice Presidents of the National Assembly. The Prime Minister is officially the
Head of Government in Cambodia. Upon entry into office, he appoints a Council of Ministers who are responsible to the Prime
Minister.
The official duty of the Parliament is to legislate and make laws. Bills passed by the Parliament are given to the King who gives the
proposed bills Royal Assent. The King does not have veto power over bills passed by the National Assembly (the lower house)
and, thus, cannot withhold Royal Assent. The National Assembly also has the power to dismiss the Prime Minister and his
government by a two-thirds vote of no confidence.
Source: Wikipedia: Politics of Cambodia
| INTERNATIONAL DISPUTES |
Cambodia and Thailand dispute sections of boundary with missing boundary markers and claims of Thai encroachments into
Cambodian territory; maritime boundary with Vietnam is hampered by unresolved dispute over sovereignty of offshore islands;
Thailand accuses Cambodia of obstructing inclusion of Thai areas near Preah Vihear temple ruins, awarded to Cambodia by ICJ
decision in 1962, as part of a planned UN World Heritage site
Cambodian territory; maritime boundary with Vietnam is hampered by unresolved dispute over sovereignty of offshore islands;
Thailand accuses Cambodia of obstructing inclusion of Thai areas near Preah Vihear temple ruins, awarded to Cambodia by ICJ
decision in 1962, as part of a planned UN World Heritage site
| REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS) |
None reported.
| ILLICIT DRUGS |
Narcotics-related corruption reportedly involving some in the government, military, and police; limited methamphetamine
production; vulnerable to money laundering due to its cash-based economy and porous borders
production; vulnerable to money laundering due to its cash-based economy and porous borders
| HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES |
2009 Human Rights Report: Cambodia
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Cambodia is a constitutional monarchy with an elected government and a population of approximately 14 million. In the most recent
national elections, held in July 2008, the Cambodian People's Party (CPP), led by Prime Minister Hun Sen, won 90 of 123 National
Assembly seats. Most observers assessed that the election process improved over past elections but did not fully meet international
standards. The CPP consolidated control of the three branches of government and other national institutions, with most power
concentrated in the hands of the prime minister. Although civilian authorities nominally controlled the security forces, in many instances
security forces acted under directives of the CPP leadership.
The government's human rights record remained poor.
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Cambodia is a constitutional monarchy with an elected government and a population of approximately 14 million. In the most recent
national elections, held in July 2008, the Cambodian People's Party (CPP), led by Prime Minister Hun Sen, won 90 of 123 National
Assembly seats. Most observers assessed that the election process improved over past elections but did not fully meet international
standards. The CPP consolidated control of the three branches of government and other national institutions, with most power
concentrated in the hands of the prime minister. Although civilian authorities nominally controlled the security forces, in many instances
security forces acted under directives of the CPP leadership.
The government's human rights record remained poor.
- Security forces committed extrajudicial killings and acted with impunity.
- Detainees were abused, often to extract confessions, and prison conditions were harsh.
- Human rights monitors reported arbitrary arrests and prolonged pretrial detention, underscoring a weak judiciary and denial of the
right to a fair trial. - Land disputes and forced evictions were a problem.
- The government restricted freedom of speech and the press through defamation and disinformation lawsuits and at times
interfered with freedom of assembly. - Corruption was endemic.
- Domestic violence and child abuse occurred, education of children was inadequate, and trafficking in women and children
persisted. - The government offered little assistance to persons with disabilities.
- Antiunion activity by employers and weak enforcement of labor laws continued,
- child labor in the informal sector remained a problem.
22 May 2009
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Forty-second session
4 - 22 May 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT
Concluding Observations of the Committee on Economic, Social and Cultural Rights
Cambodia
A. Introduction
2. The Committee welcomes the submission of the combined initial and second to the fourth periodic report of the State party, but
regrets the 14-year delay in its submission. The Committee also welcomes the written replies to its list of issues (E/C.12/KHM/Q/1), but
regrets that some of its questions have remained unanswered.
3. The Committee appreciates the opportunity to hold a dialogue with representatives of the State party and the answers to the questions
raised by the Committee. The Committee regrets the absence of experts from the State party and that the information provided was in
some cases not sufficiently detailed to enable the Committee’s fuller assessment of the level of enjoyment of the rights provided for in
the Covenant in the State party.
B. Positive aspects
4.The Committee notes with satisfaction the Declaration of Human Rights contained in Chapter III of the State party’s Constitution
covering many economic, social and cultural rights. The Committee also welcomes the July 2007 decision of the Constitutional Council,
that international treaties are part of the national law and that courts should take treaty norms into account when interpreting laws and
deciding cases.
5.The Committee welcomes the Rectangular Strategy of the Royal Government of Cambodia, and its programmes for strengthening
good governance and the advancement of human rights, among others.
C. Factors and difficulties impeding the implementation of the covenant
11. The Committee notes that the State party’s emergence from the isolation and devastation brought about by more than two decades
of war, has been a slow and difficult process. The Committee notes in particular, that the tragic extermination of a large number of the
population including qualified professionals in the economic, social and cultural field, has left the State party bereft of the expertise
necessary for the recovery of the country at a more satisfactory pace.
D. Principal subjects of concern and recommendations
12. The Committee regrets that despite the Constitutional guarantees, it has not been established that in practice, Covenant provisions
can be invoked before or directly enforced by, the State party’s national courts, tribunals or administrative authorities. In this regard, the
Committee notes with concern, the lack of effective remedies for violations of human rights including economic, social and cultural
rights, thereby undermining the State party's ability to meet its obligations under the international human rights treaties that it has ratified
including the International Covenant on Economic, Social and Cultural Rights.
The Committee draws the attention of the State party to its General Comment no. 9 (1998) on the domestic application of the Covenant,
and recommends that the State party take all appropriate measures to ensure the direct applicability of the Covenant provisions in its
domestic legal order, including the conduct of training programmes for judges, lawyers and public officials. The Committee also
requests the State party to include in its next periodic report, detailed information on progress that has been made in this connection and
on decisions of national courts, tribunals or administrative authorities giving effect to Covenant rights.
Click here to read more »
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Forty-second session
4 - 22 May 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT
Concluding Observations of the Committee on Economic, Social and Cultural Rights
Cambodia
A. Introduction
2. The Committee welcomes the submission of the combined initial and second to the fourth periodic report of the State party, but
regrets the 14-year delay in its submission. The Committee also welcomes the written replies to its list of issues (E/C.12/KHM/Q/1), but
regrets that some of its questions have remained unanswered.
3. The Committee appreciates the opportunity to hold a dialogue with representatives of the State party and the answers to the questions
raised by the Committee. The Committee regrets the absence of experts from the State party and that the information provided was in
some cases not sufficiently detailed to enable the Committee’s fuller assessment of the level of enjoyment of the rights provided for in
the Covenant in the State party.
B. Positive aspects
4.The Committee notes with satisfaction the Declaration of Human Rights contained in Chapter III of the State party’s Constitution
covering many economic, social and cultural rights. The Committee also welcomes the July 2007 decision of the Constitutional Council,
that international treaties are part of the national law and that courts should take treaty norms into account when interpreting laws and
deciding cases.
5.The Committee welcomes the Rectangular Strategy of the Royal Government of Cambodia, and its programmes for strengthening
good governance and the advancement of human rights, among others.
C. Factors and difficulties impeding the implementation of the covenant
11. The Committee notes that the State party’s emergence from the isolation and devastation brought about by more than two decades
of war, has been a slow and difficult process. The Committee notes in particular, that the tragic extermination of a large number of the
population including qualified professionals in the economic, social and cultural field, has left the State party bereft of the expertise
necessary for the recovery of the country at a more satisfactory pace.
D. Principal subjects of concern and recommendations
12. The Committee regrets that despite the Constitutional guarantees, it has not been established that in practice, Covenant provisions
can be invoked before or directly enforced by, the State party’s national courts, tribunals or administrative authorities. In this regard, the
Committee notes with concern, the lack of effective remedies for violations of human rights including economic, social and cultural
rights, thereby undermining the State party's ability to meet its obligations under the international human rights treaties that it has ratified
including the International Covenant on Economic, Social and Cultural Rights.
The Committee draws the attention of the State party to its General Comment no. 9 (1998) on the domestic application of the Covenant,
and recommends that the State party take all appropriate measures to ensure the direct applicability of the Covenant provisions in its
domestic legal order, including the conduct of training programmes for judges, lawyers and public officials. The Committee also
requests the State party to include in its next periodic report, detailed information on progress that has been made in this connection and
on decisions of national courts, tribunals or administrative authorities giving effect to Covenant rights.
Click here to read more »
Freedom In The World 2010 Report
Political Rights Score: 6
Civil Liberties Score: 5
Status: Not Free
Trend Arrow
Cambodia received a downward trend arrow due to the deportation of 20 Uighur asylum-seekers to China in December 2009.
Overview
Land grabs and official corruption continued in 2009, and the government’s harassment of its critics appeared to worsen. Two
opposition members of parliament were stripped of immunity; one was tried in absentia for defaming the prime minister, and the other
was threatened with arrest for allegedly claiming that Vietnam is encroaching on Cambodia. The parliament also approved a new penal
code which opponents argue will allow for government abuse. Separately, the international tribunal trying former high-ranking officials
of the Khmer Rouge regime heard its first testimony in March, and Cambodian authorities in December deported 20 Uighur asylum-
seekers to China despite human rights concerns.
In March 2009, testimony began at the special tribunal for former KR officials. Only Kang Kek Ieu publicly apologized for his part in the
atrocities committed; the other four defendants denied any knowledge of the crimes. Meanwhile, the tribunal was running low on funds,
jeopardizing its operations, and critics said corruption and abuse, including nepotism in hiring, remained serious problems.
Throughout 2009, critics of the government continued to face legal harassment. In June, Hang Chakra, publisher and editor in chief of
the Khmer Machas Srok newspaper, was tried and sentenced in absentia to one year in prison and a $2,250 fine for “misinformation”
and “dishonoring public officials.” Hang had published articles in May alleging corruption in the office of the deputy prime minister. His
defense attorney had only one day to prepare for the trial. Separately, opposition lawmaker Mu Sochua, a former minister for women’s
and veterans’ affairs, was stripped of parliamentary immunity and convicted of defamation in absentia in August. In November,
opposition leader Sam Rainsy was also stripped of parliamentary immunity and threatened with arrest for allegedly claiming that Vietnam
is encroaching on Cambodia—a matter of considerable political sensitivity given the history between the two countries. To give legal
basis to these actions, the parliament approved a new penal code in October to replace the 1992 code adopted under the United Nations
Transitional Authority. Critics argue that the language in the new penal code is too vague and gives excessive authority to judges to
interpret laws in a system where the judiciary is not independent.
In an indication of China’s growing influence in the country, Cambodian authorities forcibly deported 20 Uighur asylum-seekers,
including two infants, to China in December, despite warnings from UN officials and human rights groups that they could face torture or
other mistreatment for alleged involvement in fomenting unrest.
Cambodia is not an electoral democracy. The current constitution was promulgated in 1993 by the king, who serves as head of state.
The monarchy remains highly revered as a symbol of national unity. Prince Norodom Sihamoni, who has lived abroad for much of his
life, succeeded his father, King Norodom Sihanouk, in 2004 after the latter abdicated for health reasons.
Click here to read more »
Political Rights Score: 6
Civil Liberties Score: 5
Status: Not Free
Trend Arrow
Cambodia received a downward trend arrow due to the deportation of 20 Uighur asylum-seekers to China in December 2009.
Overview
Land grabs and official corruption continued in 2009, and the government’s harassment of its critics appeared to worsen. Two
opposition members of parliament were stripped of immunity; one was tried in absentia for defaming the prime minister, and the other
was threatened with arrest for allegedly claiming that Vietnam is encroaching on Cambodia. The parliament also approved a new penal
code which opponents argue will allow for government abuse. Separately, the international tribunal trying former high-ranking officials
of the Khmer Rouge regime heard its first testimony in March, and Cambodian authorities in December deported 20 Uighur asylum-
seekers to China despite human rights concerns.
In March 2009, testimony began at the special tribunal for former KR officials. Only Kang Kek Ieu publicly apologized for his part in the
atrocities committed; the other four defendants denied any knowledge of the crimes. Meanwhile, the tribunal was running low on funds,
jeopardizing its operations, and critics said corruption and abuse, including nepotism in hiring, remained serious problems.
Throughout 2009, critics of the government continued to face legal harassment. In June, Hang Chakra, publisher and editor in chief of
the Khmer Machas Srok newspaper, was tried and sentenced in absentia to one year in prison and a $2,250 fine for “misinformation”
and “dishonoring public officials.” Hang had published articles in May alleging corruption in the office of the deputy prime minister. His
defense attorney had only one day to prepare for the trial. Separately, opposition lawmaker Mu Sochua, a former minister for women’s
and veterans’ affairs, was stripped of parliamentary immunity and convicted of defamation in absentia in August. In November,
opposition leader Sam Rainsy was also stripped of parliamentary immunity and threatened with arrest for allegedly claiming that Vietnam
is encroaching on Cambodia—a matter of considerable political sensitivity given the history between the two countries. To give legal
basis to these actions, the parliament approved a new penal code in October to replace the 1992 code adopted under the United Nations
Transitional Authority. Critics argue that the language in the new penal code is too vague and gives excessive authority to judges to
interpret laws in a system where the judiciary is not independent.
In an indication of China’s growing influence in the country, Cambodian authorities forcibly deported 20 Uighur asylum-seekers,
including two infants, to China in December, despite warnings from UN officials and human rights groups that they could face torture or
other mistreatment for alleged involvement in fomenting unrest.
Cambodia is not an electoral democracy. The current constitution was promulgated in 1993 by the king, who serves as head of state.
The monarchy remains highly revered as a symbol of national unity. Prince Norodom Sihamoni, who has lived abroad for much of his
life, succeeded his father, King Norodom Sihanouk, in 2004 after the latter abdicated for health reasons.
Click here to read more »
29 October 2010
Cambodia: Closure of UN Office Threatens Rights Efforts
Amnesty International and Human Rights Watch strongly condemn the public statements by senior officials of the government of
Cambodia demanding the removal of the director of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in
Cambodia, Christophe Peschoux, and stating the government intends to force the closure of that office.
From our close knowledge of the work of the OHCHR Cambodia office, we reject as baseless the statements attributed to Foreign
Minister Hor Nam Hong that the office has acted as a “spokesperson for the opposition party.” This attack by the government on the
OHCHR Cambodia office should be seen as a direct assault on the UN’s human rights mandate, encompassed by the Universal
Declaration of Human Rights and the international human rights conventions, many of which Cambodia has ratified.
We expect the leadership of the United Nations to continue to speak out in support of the OHCHR Cambodia office, its representative,
and staff. Donor governments to Cambodia should likewise voice their strong objections to the Cambodian government’s statements. US
Secretary of State Hillary Clinton, who will visit Cambodia on October 31 and November 1, should publicly express support for the
OHCHR Cambodia office and the UN’s human rights mandate. Both Human Rights Watch and Amnesty International will continue to
closely monitor the situation in Cambodia and expose human rights violations and promote accountability.
Click here to read more »
Cambodia: Closure of UN Office Threatens Rights Efforts
Amnesty International and Human Rights Watch strongly condemn the public statements by senior officials of the government of
Cambodia demanding the removal of the director of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in
Cambodia, Christophe Peschoux, and stating the government intends to force the closure of that office.
From our close knowledge of the work of the OHCHR Cambodia office, we reject as baseless the statements attributed to Foreign
Minister Hor Nam Hong that the office has acted as a “spokesperson for the opposition party.” This attack by the government on the
OHCHR Cambodia office should be seen as a direct assault on the UN’s human rights mandate, encompassed by the Universal
Declaration of Human Rights and the international human rights conventions, many of which Cambodia has ratified.
We expect the leadership of the United Nations to continue to speak out in support of the OHCHR Cambodia office, its representative,
and staff. Donor governments to Cambodia should likewise voice their strong objections to the Cambodian government’s statements. US
Secretary of State Hillary Clinton, who will visit Cambodia on October 31 and November 1, should publicly express support for the
OHCHR Cambodia office and the UN’s human rights mandate. Both Human Rights Watch and Amnesty International will continue to
closely monitor the situation in Cambodia and expose human rights violations and promote accountability.
Click here to read more »
US: Make Human Rights a Priority for Clinton’s Trip
Press Vietnam, Cambodia, and Malaysia Governments to Respect Rights
October 26, 2010
(New York) - US Secretary of State Hillary Clinton should make strong appeals for human rights when she visits three Southeast Asian
countries in the coming week, Human Rights Watch said today. Human Rights Watch urged Clinton to call for the immediate release of
imprisoned Vietnamese bloggers and human rights activists, seek an immediate halt to deepening harassment of the political opposition in
Cambodia, and press for revocation of the Internal Security Act in Malaysia.
Clinton will travel to Vietnam on October 29-30, 2010, Cambodia on October 31-November 1, and finally to Malaysia from November 1-
3, meeting with the prime ministers and other top-level officials in each country.
"This is Secretary of State Clinton's chance to tell top officials face-to-face that the US will not turn a blind eye when they try to cement
their power by beating peaceful protesters or jailing opposition politicians," said Phil Robertson, deputy Asia director at Human Rights
Watch.
In July, Clinton said, "The United States will continue to urge Vietnam to strengthen its commitment to human rights and give its people
an even greater say over the direction of their own lives."
Unfortunately, many peaceful bloggers, community activists, anti-corruption watchdogs, and democracy advocates in Vietnam are
bearing the brunt of an intensifying campaign of harassment, arrest, beatings in custody, unfair trials, and long prison terms as the
Vietnamese Communist Party prepares for its five-year Congress in January 2011.
"Hillary Clinton should follow up on her tough comments in July by reminding the Vietnamese Prime Minister that an internal party
meeting is no excuse to ratchet up attacks against people peacefully demanding accountability and respect for human rights," Robertson
said. "Free expression, including for bloggers, is critical for the Vietnamese economy and society to advance and grow."
In particular, Clinton should call for the immediate release of Nguyen Van Hai (known as Dieu Cay) and Phan Thanh Hai (AnhbaSG),
both bloggers jailed for their writings, Human Rights Watch said.
In Cambodia, Clinton will meet Prime Minister Hun Sen and other top officials responsible for a systematic attack on the rights to
freedom of assembly, association, and expression. The government crackdown appears designed to eradicate any organized political or
civil society opposition to increasingly dictatorial rule by Hun Sen and his Cambodian People's Party (CPP).
The recent sentencing in absentia of Sam Rainsy, the leader of the parliamentary opposition, to 10 years in prison on trumped up charges
related to disseminating a map of the Cambodia-Vietnam border is just the latest travesty of justice under the ruling party's complete
control of the judiciary, Human Rights Watch said. Clinton should clearly state the US government's serious concerns about the
inadequacy and lack of fairness of the judicial proceedings against Rainsy and in other political cases.
"Controlled judiciary, muzzled media, jailed political opponents, brutal military and police - Cambodia has it all," Robertson said. "The US
can either stand with embattled activists pressing for human rights and accountability or close its eyes as authoritarian rule in Cambodia
is institutionalized for years to come."
Click here to read more »
Press Vietnam, Cambodia, and Malaysia Governments to Respect Rights
October 26, 2010
(New York) - US Secretary of State Hillary Clinton should make strong appeals for human rights when she visits three Southeast Asian
countries in the coming week, Human Rights Watch said today. Human Rights Watch urged Clinton to call for the immediate release of
imprisoned Vietnamese bloggers and human rights activists, seek an immediate halt to deepening harassment of the political opposition in
Cambodia, and press for revocation of the Internal Security Act in Malaysia.
Clinton will travel to Vietnam on October 29-30, 2010, Cambodia on October 31-November 1, and finally to Malaysia from November 1-
3, meeting with the prime ministers and other top-level officials in each country.
"This is Secretary of State Clinton's chance to tell top officials face-to-face that the US will not turn a blind eye when they try to cement
their power by beating peaceful protesters or jailing opposition politicians," said Phil Robertson, deputy Asia director at Human Rights
Watch.
In July, Clinton said, "The United States will continue to urge Vietnam to strengthen its commitment to human rights and give its people
an even greater say over the direction of their own lives."
Unfortunately, many peaceful bloggers, community activists, anti-corruption watchdogs, and democracy advocates in Vietnam are
bearing the brunt of an intensifying campaign of harassment, arrest, beatings in custody, unfair trials, and long prison terms as the
Vietnamese Communist Party prepares for its five-year Congress in January 2011.
"Hillary Clinton should follow up on her tough comments in July by reminding the Vietnamese Prime Minister that an internal party
meeting is no excuse to ratchet up attacks against people peacefully demanding accountability and respect for human rights," Robertson
said. "Free expression, including for bloggers, is critical for the Vietnamese economy and society to advance and grow."
In particular, Clinton should call for the immediate release of Nguyen Van Hai (known as Dieu Cay) and Phan Thanh Hai (AnhbaSG),
both bloggers jailed for their writings, Human Rights Watch said.
In Cambodia, Clinton will meet Prime Minister Hun Sen and other top officials responsible for a systematic attack on the rights to
freedom of assembly, association, and expression. The government crackdown appears designed to eradicate any organized political or
civil society opposition to increasingly dictatorial rule by Hun Sen and his Cambodian People's Party (CPP).
The recent sentencing in absentia of Sam Rainsy, the leader of the parliamentary opposition, to 10 years in prison on trumped up charges
related to disseminating a map of the Cambodia-Vietnam border is just the latest travesty of justice under the ruling party's complete
control of the judiciary, Human Rights Watch said. Clinton should clearly state the US government's serious concerns about the
inadequacy and lack of fairness of the judicial proceedings against Rainsy and in other political cases.
"Controlled judiciary, muzzled media, jailed political opponents, brutal military and police - Cambodia has it all," Robertson said. "The US
can either stand with embattled activists pressing for human rights and accountability or close its eyes as authoritarian rule in Cambodia
is institutionalized for years to come."
Click here to read more »
Introductory Statement by His Excellency Mr. Sun Suon, Permanent Representative of Cambodia to the UN Office
and Other International Organizations in Geneva- Head of the Delegation of Cambodia
for Consideration of the Second Periodic Report of the Kingdom of Cambodia at Forty Fifth Session of the Committee against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Palais Wilson, Geneva
09 - 10 November 2010
Mr. Chairperson,
Cambodia is a country known for its traditional and rich cultural heritage. But the country has also emerged from its recent past of tragic
history which had plagued its nation with the total destruction of its economic, social and cultural fabric, through the painful experiences
of torture, execution, starvation and all other kind of ill treatments during the Khmer Rouge Regime. The loss of qualifications and
devaluation of human capital through that regime left Cambodia with untold sufferings and consequences. It has been a long way for the
country to recover from its legacy. The people of Cambodia have shown the courage and perseverance as a Nation to overcome all the
challenges through the processes of peace building, national reconciliation, reconstruction and development including in the field of
human rights. In this context, the assessment of Cambodia’s human rights should take into account the retrospective of the past
situation.
At present, Cambodia has achieved a remarkable progress in many areas toward the development process including in the fields of
political, economic, social and cultural rights along with its advance of democratization, after the post-conflict period. Over the past
recent years (before the global economic crisis), the economy has grown on the average of 10% per Year. Much of what it has achieved
thus so far is attributed to political stability and security of the country. Now Cambodia's economy is starting to recover again with a
prediction of 5% GDP growth this year. According to the recent study made by the Overseas Development Institute (ODC) and the UN
Millennium Campaigns, Cambodia is listed among 20 countries making the most absolute progress on MDGs and on track to meet the
halving of poverty by 2015.
Cambodia is a constitutional monarchy that adopts the principles of democracy, multi-party and pluralism in its political system of
governance. The basis for the promotion and protection of human rights in Cambodia is enshrined in 1993 Constitution which remains
the primary source of law in Cambodia. The Constitution of the Kingdom of Cambodia provides fundamental rights that guarantee the
equality of its peoples before the law, including that for the protection of law and the protection of liberty; it prohibits all kind of
discrimination, and thus provides for guarantees of other fundamental rights, among others.
The country is further striving for the promotion of the rule of law, good governance, integrity and accountability which have clearly
been reflected in the laws and the on-going policies and plans of actions of the Government.
Click here to read more »
and Other International Organizations in Geneva- Head of the Delegation of Cambodia
for Consideration of the Second Periodic Report of the Kingdom of Cambodia at Forty Fifth Session of the Committee against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Palais Wilson, Geneva
09 - 10 November 2010
Mr. Chairperson,
Cambodia is a country known for its traditional and rich cultural heritage. But the country has also emerged from its recent past of tragic
history which had plagued its nation with the total destruction of its economic, social and cultural fabric, through the painful experiences
of torture, execution, starvation and all other kind of ill treatments during the Khmer Rouge Regime. The loss of qualifications and
devaluation of human capital through that regime left Cambodia with untold sufferings and consequences. It has been a long way for the
country to recover from its legacy. The people of Cambodia have shown the courage and perseverance as a Nation to overcome all the
challenges through the processes of peace building, national reconciliation, reconstruction and development including in the field of
human rights. In this context, the assessment of Cambodia’s human rights should take into account the retrospective of the past
situation.
At present, Cambodia has achieved a remarkable progress in many areas toward the development process including in the fields of
political, economic, social and cultural rights along with its advance of democratization, after the post-conflict period. Over the past
recent years (before the global economic crisis), the economy has grown on the average of 10% per Year. Much of what it has achieved
thus so far is attributed to political stability and security of the country. Now Cambodia's economy is starting to recover again with a
prediction of 5% GDP growth this year. According to the recent study made by the Overseas Development Institute (ODC) and the UN
Millennium Campaigns, Cambodia is listed among 20 countries making the most absolute progress on MDGs and on track to meet the
halving of poverty by 2015.
Cambodia is a constitutional monarchy that adopts the principles of democracy, multi-party and pluralism in its political system of
governance. The basis for the promotion and protection of human rights in Cambodia is enshrined in 1993 Constitution which remains
the primary source of law in Cambodia. The Constitution of the Kingdom of Cambodia provides fundamental rights that guarantee the
equality of its peoples before the law, including that for the protection of law and the protection of liberty; it prohibits all kind of
discrimination, and thus provides for guarantees of other fundamental rights, among others.
The country is further striving for the promotion of the rule of law, good governance, integrity and accountability which have clearly
been reflected in the laws and the on-going policies and plans of actions of the Government.
Click here to read more »
Thursday, November 11, 2010
Garment strike mostly lawful; employers’ reaction not proportional, report finds
An independent legal analysis of September’s nationwide garment factory strikes released by the Cambodian Center for Human Rights
(“CCHR”) today concludes that striking unions mostly complied with the legal requirements. The report affirms the claims of the
Garment Manufacturers Association of Cambodia (“GMAC”) that employers as well as employees have rights in relation to strikes.
However, ultimately it found that in this strike, many of GMAC’s claims that the strike was illegal have little foundation.
The report also concludes that while GMAC is entitled to raise questions about the unions’ compliance with the law, the reaction of its
members in threatening criminal charges and launching court proceedings against individual union members was not proportionate and in
most cases could not be justified even if their claims that the strike was illegal were accurate.
CCHR President Ou Virak called on both unions and employers to come together and work towards a constructive resolution of the
underlying dispute, “This analysis makes it doubly clear that legal action in the courts won’t resolve anything – it will only make the
situation worse. I call on employers to drop the remaining lawsuits and unions to come to the table and exhaust all alternative courses of
action before threatening further strikes”
The report praises the constructive intervention by the Royal Government of Cambodia in trying to bring the parties together in fresh
negotiations and developing a new bipartite committee to resolve the underlying dispute. Ou Virak commented that, “The government
needs to continue playing a constructive role here – this means safeguarding the rights of both parties and encouraging substantive
negotiations.”
The right of employees to strike is clearly established under international human rights law, the Cambodian Constitution and domestic
Cambodian legislation. However, it is not absolute and only applies subject to trade unions following the prescribed rules and procedures
for strikes. Despite allegations by GMAC that trade unions had failed to comply with these rules, the CCHR analysis finds that unions
had provided the required period of notice, complied with all their obligations in respect of conciliation procedures and conducted the
strike without violence.
Even if a strike does breach the legal requirements, employers are under an obligation to respond in a proportionate way. The CCHR
analysis concludes that many of the reactions of employers to the September strike failed to meet this test of proportionality.
“Threatening criminal sanctions and imprisonment in response to a peaceful strike cannot be justified”, commented Ou Virak, “Nor can
lawsuits against union members in a personal capacity. Employers should have raised any concerns they had about compliance with the
rules with the union directly.”
The legal analysis is available in both English and Khmer on the Cambodian Human Rights Portal www.sithi.org as well as on the CCHR
website www.cchrcambodia.org.
Click here to read more »
Garment strike mostly lawful; employers’ reaction not proportional, report finds
An independent legal analysis of September’s nationwide garment factory strikes released by the Cambodian Center for Human Rights
(“CCHR”) today concludes that striking unions mostly complied with the legal requirements. The report affirms the claims of the
Garment Manufacturers Association of Cambodia (“GMAC”) that employers as well as employees have rights in relation to strikes.
However, ultimately it found that in this strike, many of GMAC’s claims that the strike was illegal have little foundation.
The report also concludes that while GMAC is entitled to raise questions about the unions’ compliance with the law, the reaction of its
members in threatening criminal charges and launching court proceedings against individual union members was not proportionate and in
most cases could not be justified even if their claims that the strike was illegal were accurate.
CCHR President Ou Virak called on both unions and employers to come together and work towards a constructive resolution of the
underlying dispute, “This analysis makes it doubly clear that legal action in the courts won’t resolve anything – it will only make the
situation worse. I call on employers to drop the remaining lawsuits and unions to come to the table and exhaust all alternative courses of
action before threatening further strikes”
The report praises the constructive intervention by the Royal Government of Cambodia in trying to bring the parties together in fresh
negotiations and developing a new bipartite committee to resolve the underlying dispute. Ou Virak commented that, “The government
needs to continue playing a constructive role here – this means safeguarding the rights of both parties and encouraging substantive
negotiations.”
The right of employees to strike is clearly established under international human rights law, the Cambodian Constitution and domestic
Cambodian legislation. However, it is not absolute and only applies subject to trade unions following the prescribed rules and procedures
for strikes. Despite allegations by GMAC that trade unions had failed to comply with these rules, the CCHR analysis finds that unions
had provided the required period of notice, complied with all their obligations in respect of conciliation procedures and conducted the
strike without violence.
Even if a strike does breach the legal requirements, employers are under an obligation to respond in a proportionate way. The CCHR
analysis concludes that many of the reactions of employers to the September strike failed to meet this test of proportionality.
“Threatening criminal sanctions and imprisonment in response to a peaceful strike cannot be justified”, commented Ou Virak, “Nor can
lawsuits against union members in a personal capacity. Employers should have raised any concerns they had about compliance with the
rules with the union directly.”
The legal analysis is available in both English and Khmer on the Cambodian Human Rights Portal www.sithi.org as well as on the CCHR
website www.cchrcambodia.org.
Click here to read more »
Intimidation and Legal Threats Against Union Workers and Leaders Must Cease
Released by Joint Organizations
September 21, 2010
We, the undersigned organizations, are deeply disappointed with the government’s actions to intimidate and threaten workers and union
members who have joined the four-day-garment strike from September 13-16, 2010.
The government’s response to this entirely legal - and long-declared - strike has included attacks on protesters, legal threats against
organizers, and the court-sponsored retaliation against union members. This must stop immediately if the two sides are to reach an
agreement during upcoming talks on September 27.
Thousands of workers from the Coalition of Cambodian Apparel Workers Democratic Unions C-CAWDU) , the National Independent
Federation of Textile Unions of Cambodia (NIFTUC) and 13 other unions took part in a peaceful strike to demand an increase in the
current wage to meet minimum living standards.
We deplore the violent incidents which took place during the days-long strike, including:
- The beating of a 28-year-old woman, who was seriously injured during a crackdown by a mixed group of armed military and civilian
police at the Top World Factory and Kbal Koh Garment Factory in Kandal’s Kien Svay district;
- The physical assault, arrest and detention of Sok Sophea , a 29-year -old male worker and union secretary at the Kbal Koh Factory by
Kien Svay district police.
On the fourth day, September 16, the Minister of Social Affairs, Veteran & Youth Rehabilitation, Ith Sam Heng, proposed a meeting
between the government and union representatives to be held on September 27. Union leaders accepted this proposal and promptly called
for workers to suspend the strike and go back to work.
Although the strike has been suspended, intimidation and threats from the government have not.
While the Minister Ith Sam Heng called for a dialogue, he and Minister of Labour & Vocational Training, Vong Sauth also urged leaders
of the strike to be investigated and for authorities to crackdown on the ongoing strike. Starting September 15, the Phnom Penh court,
Kandal court and Kampong Speu court started ordering for workers to get back to work within 24 hours.
Furthermore, we obtained copies of some of the court documents calling for workers who led the strike to be suspended from their
work pending an investigation:
- Judge Kloth Pich ordered 22 Union workers to be suspended from their work at the Sieng Woo factory in Kampong Speu province;
- Court President Judge In Van Vibol ordered 16 union workers to be suspended from their work at the Meng Tong Garment Factory
Ltd. and Meng Yang Garment Factory & Vet Processing Ltd in Kandal province;
- Court President Judge In Van Vibol ordered 10 union workers to be suspended from their work at the Winner Knitting Factory in
Kandal province.
- Judge Sin Virak ordered 24 union workers to be suspended from their work at the River Rich Textile Ltd. Factory in Kandal province;
- Judge Sin Virak ordered 20 union workers to be suspended from their work at the Goldfame Enterprise (Intl) Nitters Limited Factory
in Kandal province;
The participating unions have also reported work suspension of their active members in at least 15 factories.
Click here to read more>>
Released by Joint Organizations
September 21, 2010
We, the undersigned organizations, are deeply disappointed with the government’s actions to intimidate and threaten workers and union
members who have joined the four-day-garment strike from September 13-16, 2010.
The government’s response to this entirely legal - and long-declared - strike has included attacks on protesters, legal threats against
organizers, and the court-sponsored retaliation against union members. This must stop immediately if the two sides are to reach an
agreement during upcoming talks on September 27.
Thousands of workers from the Coalition of Cambodian Apparel Workers Democratic Unions C-CAWDU) , the National Independent
Federation of Textile Unions of Cambodia (NIFTUC) and 13 other unions took part in a peaceful strike to demand an increase in the
current wage to meet minimum living standards.
We deplore the violent incidents which took place during the days-long strike, including:
- The beating of a 28-year-old woman, who was seriously injured during a crackdown by a mixed group of armed military and civilian
police at the Top World Factory and Kbal Koh Garment Factory in Kandal’s Kien Svay district;
- The physical assault, arrest and detention of Sok Sophea , a 29-year -old male worker and union secretary at the Kbal Koh Factory by
Kien Svay district police.
On the fourth day, September 16, the Minister of Social Affairs, Veteran & Youth Rehabilitation, Ith Sam Heng, proposed a meeting
between the government and union representatives to be held on September 27. Union leaders accepted this proposal and promptly called
for workers to suspend the strike and go back to work.
Although the strike has been suspended, intimidation and threats from the government have not.
While the Minister Ith Sam Heng called for a dialogue, he and Minister of Labour & Vocational Training, Vong Sauth also urged leaders
of the strike to be investigated and for authorities to crackdown on the ongoing strike. Starting September 15, the Phnom Penh court,
Kandal court and Kampong Speu court started ordering for workers to get back to work within 24 hours.
Furthermore, we obtained copies of some of the court documents calling for workers who led the strike to be suspended from their
work pending an investigation:
- Judge Kloth Pich ordered 22 Union workers to be suspended from their work at the Sieng Woo factory in Kampong Speu province;
- Court President Judge In Van Vibol ordered 16 union workers to be suspended from their work at the Meng Tong Garment Factory
Ltd. and Meng Yang Garment Factory & Vet Processing Ltd in Kandal province;
- Court President Judge In Van Vibol ordered 10 union workers to be suspended from their work at the Winner Knitting Factory in
Kandal province.
- Judge Sin Virak ordered 24 union workers to be suspended from their work at the River Rich Textile Ltd. Factory in Kandal province;
- Judge Sin Virak ordered 20 union workers to be suspended from their work at the Goldfame Enterprise (Intl) Nitters Limited Factory
in Kandal province;
The participating unions have also reported work suspension of their active members in at least 15 factories.
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Norodom Sihamoni
King since 29 October 2004
King since 29 October 2004
| TRAFFICKING IN PERSONS |
Current situation: Cambodia is a source, transit, and destination country for men, women, and children trafficked for the purpose
of commercial sexual exploitation and forced labor; women and girls are trafficked to Thailand and Malaysia for exploitative labor
as domestic workers and forced prostitution; parents sometimes sell their children into involuntary servitude to serve as beggars, into
brothels for commercial sexual exploitation, or into domestic servitude
Tier rating: Tier 2 Watch List - Cambodia does not fully comply with the minimum standards for the elimination of trafficking but it
is making significant efforts to do so; the government did not show evidence of progress in convicting and punishing human
trafficking offenders - including complicit public officials - and protecting trafficking victims (2009)
of commercial sexual exploitation and forced labor; women and girls are trafficked to Thailand and Malaysia for exploitative labor
as domestic workers and forced prostitution; parents sometimes sell their children into involuntary servitude to serve as beggars, into
brothels for commercial sexual exploitation, or into domestic servitude
Tier rating: Tier 2 Watch List - Cambodia does not fully comply with the minimum standards for the elimination of trafficking but it
is making significant efforts to do so; the government did not show evidence of progress in convicting and punishing human
trafficking offenders - including complicit public officials - and protecting trafficking victims (2009)
Sar Kheng, Sok An, Tea Banh, Hor Namhong, Nhek Bunchhay, Bin Chhin,
Keat Chhon, Yim Chhai Ly, Ke Kimyan
Deputy Prime Ministers serving since anywhere from 3 February 1992 to 12 March 2009
Keat Chhon, Yim Chhai Ly, Ke Kimyan
Deputy Prime Ministers serving since anywhere from 3 February 1992 to 12 March 2009
Men Sam An
Permanent Deputy Prime Minister
since 25 September 2008
Permanent Deputy Prime Minister
since 25 September 2008
