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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF CAMBODIA
12 May 2009
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Committee on Economic, Social
and Cultural Rights
12 May 2009
The Committee on Economic, Social and Cultural Rights has considered the initial report of Cambodia on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report of Cambodia, Sun Suon, Permanent Representative of Cambodia to the United Nations Office at Geneva, said Cambodia believed that all human rights were indivisible, interdependent and interrelated, and deeply believed in the value of democracy and human rights that should be built and promoted through the principle of universality. Cambodia placed special emphasis on poverty reduction as a major effort for protecting and promoting human rights, and progress was recorded steadily at a rate of over 1 per cent per annum, and there was an improvement of the main social indicators, especially in education, health and gender equity. The primary aim was to advance the development process in all spheres, and address poverty reduction, in order to reach the Millennium Development Goals targets, and thereby further realise the objectives for the advancement of economic, social and cultural rights of the Cambodian people.
Among the questions and issues raised by Committee Experts were a request for more information on the trials of those responsible for the massive human rights violations during the civil war and conflicts; whether it was true that "Cambodia was a country for sale" and whether everything, including companies and land rights, could be bought; whether the minimum wage allowed workers and their families to enjoy a decent standard of living; who was covered under the Social Security regime and what benefits did it provide; what was being done with regards to disabled persons, in particular children suffering from injuries caused by mines and whether assistance had been sought from donor countries in their regard; whether the genocidal war committed by the Khmer Rouge was being highlighted in human rights education; and what was the situation with regards to trafficking in the context of reports that there were hundreds of women and children trafficked to other countries.
In concluding remarks, Mr. Suon said Cambodia acknowledged the shortcomings in its report, which were due to the nature and state of the country's development at the moment, and hoped that this meeting would be a good experience for it to improve the quality of its national report for review, as well as for the consideration and commitment of Cambodia. At the next review, Cambodia should be able to send a delegation from the capital. The recommendations would be a guideline for the Government to follow-up and assess its agenda and plan of action in a more effective and productive way in all elements under the economic, social and cultural rights framework, which would contribute to improving the situation, and the way and life of the Cambodian people.
Also among the delegation of Cambodia were other representatives of the Cambodian mission to the United Nations Office at Geneva.
The next meeting of the Committee will be at 3 p.m. on Tuesday 12 May, when it will take up the fourth and fifth periodic reports of the United Kingdom (E/C.12/GBR/5).
Report of Cambodia
The initial report of Cambodia (E/C.12/KHM/1) notes that the Royal Government of Cambodia is pleased to show some results of the implementation on this Covenant. A significant instance to show that economic, social and cultural rights have been observed and used to make reflections in the report is the 1993 Constitution and other regulations in the Kingdom of Cambodia. Despite the existing laws and regulations, the Government acknowledges the lack of crucial standard documents and certain prioritized practical activities which ensure the respect of economic, social and cultural rights, which the Royal Government has to resolve continuously and promptly in order to strengthen the democracy. The educational network, and technical and vocational training and skills are established to serve men and women equally, especially the poor, the disabled and vulnerable people in order to respond to the short and long-term market requirements.
In Cambodia, respect for human rights is one of the main duties, to which the Government has been paying attention in order to show an effective rule in response to the political position of liberal democracy, which the Government has upheld. In this conscience, the Government has established Jurisdictional Administration Institutions and other organizations to protect human rights of all kinds. The Cambodia Human Rights Committee acts on behalf of the Government and functions in investigating and collecting information related to the implementation of human rights in order to develop reports for the United Nations. On its own behalf, the Committee observes the practice of human rights in order to develop appropriate measures aiming to improve the practice of human rights.
All human rights stipulated in international instruments are guaranteed by the Constitution and other laws of Cambodia. There is no point in the Constitution or other laws of Cambodia stipulated against human rights principles, which are set out in the international instruments. The dispositions stipulated in international instruments have not been used as direct evidence for protection of human rights before the courts and administration authority; however, those dispositions are quoted as the main principles to incorporate into the regulations and laws of the State and they are the essential tools for the protection of human rights in Cambodia. The Royal Government has determined the communication networks as interlinked blood veins of Cambodia aimed to ensure the internal, regional and universal integrations. Moreover, for Cambodia’s economy, the physical infrastructure has an important role as a locomotive of the economic growth and as the most effective means for poverty reduction and for relieving the difficulties and sufferings of the people.
Introduction of Report
SUN SUON, Permanent Representative of Cambodia to the United Nations Office at Geneva, introducing the initial report of Cambodia, said Cambodia was a country that had emerged from a past period of tragedy, with war and conflict, which totally destroyed and broke down all social fabric, including education, health and social protection services, leaving Cambodia with untold suffering and consequences. It had taken the country a long time to overcome these challenges and begin a process of peace-building, reconciliation, reconstruction and development from the ashes of 1991. In this context, the assessment of Cambodian human rights should take into account the retrospectives of the past situation. The current political stability, achieved and consolidated through persevering efforts after the conflict, allowed Cambodia to embark on a reform programme in all sectors, to rebuild institutional capacities, strengthen the socio-economic infrastructures, and create a highly conducive climate to attract investments from both domestic and overseas sources with strong economic growth and poverty reduction.
The basis for the protection and promotion of human rights in Cambodia was enshrined in the Constitution, which provided the framework and guidelines for the country's legal system. Human rights had been prioritised, among the core components of the main policy and agenda of the Government. In terms of international cooperation, it was obvious that the country had been making efforts by engaging itself in the protection and promotion of human rights under the United Nations framework. It had established a national human rights committee, attached to the Government, in order to coordinate and cooperate with national agencies and other stakeholders to address all relevant challenges of human rights. Cambodia believed that all human rights were indivisible, interdependent and interrelated, and deeply believed in the value of democracy and human rights that should be built and promoted through the principle of universality. Cambodia placed special emphasis on poverty reduction as a major effort for protecting and promoting human rights, and progress was recorded steadily at a rate of over 1 per cent per annum, and there was an improvement of the main social indicators, especially in education, health and gender equity.
Land reform was a very sensitive area, due to the particularity and outstanding issues associated mainly with the legacy of the past tragic period, and subsequently combined with new challenges of economic trends and development. Progress had also been made in such cross-cutting areas as gender: women were regarded as the backbone of the national economy and society. Cambodia recognised the importance of education as a major tool for national development. In the health sector, the Government regarded people's well-being as the prerequisite to human resources and sustainable socio-economic development. Efforts had also been made in relation to the policy of the social safety net to improve the well-being of people, for example by increasing pensions and other benefits for retired civil servants and veterans. Efforts in reducing the proportion of child labour for dangerous jobs had been made. Religious and cultural issues were the bedrock for building and strengthening the very vital "social capital" that no amount of economic or social development could alone create or sustain. The primary aim was to advance the development process in all spheres, and address poverty reduction, in order to reach the Millennium Development Goal target, and thereby further realise the objectives for the advancement of economic, social and cultural rights of the Cambodian people.
Questions by Committee Experts on articles one to five of the Covenant on the right to self-determination; the obligation of States Parties to achieve progressively the full realisation of the rights in the Covenant; the equal right of men and women to enjoy economic, social and cultural rights; the limitation of these rights for the purpose of promoting general welfare; and the prohibition of limitation of any rights under the pretext of them not being recognised in the Covenant
Committee Experts then raised a number of questions and issues, including a request for more information on the trials of those responsible for the massive human rights violations during the civil war and conflicts; the need to make the Covenant justiciable; how did the Human Rights Commission comply with the Paris Principles, in which areas had it been active, and what kinds of violations had it dealt with; what was the situation with regards to corruption in the judiciary; whether the Government had a focused, macro-level plan for reconstruction and development in order to combat poverty; which sectors had benefited most from either foreign or national investment over the past few years; whether it was true that "Cambodia was a country for sale" and whether everything, including companies and land rights, could be bought; whether a rice concession made to Kuwait could have negative effects on the Covenant and economic, social and cultural rights; whether there was a law channelling investments and what advantages were given to direct foreign investment; the lack of independence of the judiciary, which limited and endangered access to justice; what was the situation with regards to housing, which was apparently a great problem, including forced evictions; and what sort of deterrents the Government envisaged in order to prevent violations of economic, social and cultural rights.
Response by Delegation
Responding to these questions and others, Mr. Suon said bearing in mind that Cambodia was committed to the cause of human rights and economic, social and cultural rights, the questions were appreciated as they reflected the process of Cambodian engagement in dealing with human rights. He was very pleased with the dialogue that needed to be conducted and the frank discussions and manner that should ensure a positive conclusion for Cambodia in moving forward and dealing with the challenges ahead in the social, economic and cultural process. Cambodia was a country that had just emerged from nothing, and was trying to rebuild the country, and this was still ongoing. From Cambodia's perspective, it knew how to interact with the country and the inhabitants thereof in order to deal with human rights.
With regards to the genocide regime, Cambodia had only had a short time since this, and it had been traumatised by this, not only on the social level but also the mental level, and this was a long process of recovery, Mr. Suon said. With regards to the Khmer Rouge tribunal, this was an element of Cambodia's commitment to human rights. It needed to close the question of impunity. The slow process had been mentioned, and corruption in the administration itself, but the Committee should not forget that the trial was a mixed structure between the national and the international court. The process was slow, but it was going to work. Cambodia was committed to the Khmer Rouge tribunal, which was also a product of the Cold War, and was a model for Cambodia to heal the wounds of the past. The Tribunal was not Cambodian alone, but was a process which should be considered through the perspective of the whole genocide. Cambodia was working to close this chapter and move forward. The Government knew it had to deal with the Tribunal, but it also needed to bring justice to the people, in the context of international cooperation.
On questions relating to the Human Rights Committee, Mr. Suon said it existed within the framework of the Government, and not yet in the context of the Paris Principles. This however was an ongoing process. The Government needed first to deal with the situation from a Cambodian context, understanding how the country dealt with human rights and advanced human rights further. The Government had organised a number of working groups and seminars in this regard, and had been approached by human rights activists on how to create an independent human rights body. The trend was to have some kind of interactive dialogue in order to attain the objective of fulfilling the Paris Principles. But Cambodia needed time, as human rights were a cross-cutting issue and interacted with some very sensitive issues. Cambodia needed to identify how it could function as a country and as a fraction of society, learning how to agree and disagree, before it could advance in the process of democratization and engage more fully with human rights.
With regards to the status of the Covenant, it was an international human rights instrument, and was integrated into the Constitution, Mr. Suon said, as the Constitution stated that Cambodia recognised human rights as per United Nations conventions and covenants to which it was a party. All basic rights stipulated therein were integrated into an article of the Constitution. With regards to its implementation, Cambodia believed that all laws related to economic, social and cultural rights would be determined by the fundamental principles recognised in the Constitution. Cambodia had integrated the International Covenant on Economic, Social and Cultural Rights in conformity with the principles recognised in the Constitution - the labour laws and laws on marriage and the family, for example, complied with the Covenant, and this was Cambodia's interpretation of the need to integrate the Covenant into its law. With regards to use of the provisions of the Covenant in court, the Courts relied on national law and regulations. Interpretation of the law with regard to the Covenant depended on individual cases; Cambodia was however bound by the international conventions and treaties.
The Government had adopted a liberal investment policy, attracting local, foreign and international investment in order to provide benefits for the Cambodian people as a whole. It had a policy of making concessions up to ninety-nine years, if the investor could prove benefit for Cambodia as a whole. It currently had 15 special economic zones where the business and investor could profit fully from their investment. The establishment of a special zone required an impact assessment study both on society and on the environment by the appropriate Governmental organizations. The project application could be approved or rejected on the basis of the feasibility study and as to whether it would be beneficial to Cambodia's economy. Grounds for rejection could include negative effects on the environment. Kuwait was just one country with which Cambodia established and maintained relationships. The Government had an open-door policy, and that needed to be respected, as Cambodia needed economic growth and prosperity. This was why it had Plans of Action to cover all areas, including environmental concerns.
On land issues, this was a very outstanding issue, Mr. Suon said, and Cambodia was trying to conduct a reform process to reach the goal required. It was not an easy issue to address due to political, economic, social, cultural and historical dimensions. Under the Khmer Rouge, everything was nationalised - later on, it was free, but nobody wanted it because of the scale of the investment required. Land eviction and land-grabbing was not a Government policy, but was something it had to deal with. The Government had established a policy of land registration for the indigenous, organising a judicial framework for land for the indigenous, and believed this was a key factor in the sustainable management of land, and to ensure a balance of socio-economic development for the indigenous peoples who could maintain their traditions for generations to come. The objective and strategy for the Government in land registration for indigenous communities was part of land reform, and contributed to poverty reduction and national economic development. The Government tried to limit deforestation, and had taken some steps and measures to address these issues from institutional, legal and operational perspectives. Efforts were continuing to improve land registration procedure for all in order to improve the situation with regards to land titling. Seventy-seven per cent of land owned by households was now secured by land title. The land issue was a big issue for the country, and both the Government and the country as a whole were making a significant effort, but agreed that they had to reinvigorate these issues in order to move ahead.
With regards to the indigenous, at the national level there were some criteria in order to proceed with the prevention of disasters, and the impact it could have on people, in particular the indigenous, Mr. Suon said. Cambodia would have the ability to create hydro-electricity projects in the future. With regards to the environmental impact, this was a legitimate question and concern, but the competitiveness of the country was important. It was an area where there was a lot of progress in the region, both at the national and regional level. However, there was first a need to study the land side of the project, on where the hydro-electric dam would be built, study the community impact, as in what effect it would have on local communities, including the economic and social impact, and if necessary to evacuate them from the area with appropriate compensation. Cambodia had not yet however determined the location for a dam - and compared to other countries of the region it was far behind in this process. Cambodia believed that development should take place in line with environmental preservation, in the context of the sustainable development of the resources of the country.
There was a gap between the salaries of teachers in public and private schools, Mr. Suon said, and in future this would be examined. It was part of a lesson to Cambodia on how to address competitiveness in education, as Cambodia needed education to increase the quality of its human resources, and Cambodia hoped it was now on the right track in this endeavour, and would be improving the quality of education in parallel with its growth in economic development. When comparing what had been since the Pol Pot regime, when there were only seven lawyers in Cambodia, now there were more than 170 pieces of negotiated legislation, and a large number of young people working in the legal field, including in legal aid NGOs. The process was not perfect, but would continue, and be further promoted in order to attain the objectives. There were good judges and good prosecutors. The corruption issue was a problem, but a comprehensive anti-corruption law had been set up, and was going through the process in Parliament as it needed to be consistent with the penal law that was going to be adopted.
The budget for education had been increased, Mr. Suon said. The delegation said with regards to investment, Cambodian citizens could invest in whatever area they wished to, and the Government encouraged them to do so, just as it did foreign investors. Cambodian local investment played an important role in development, and a lot of sectors had been opened to Cambodian investment, however, foreign investment remained very important too. Cambodia was a member of the World Trade Organization, and there was no discrimination in investment. At the moment, however, sectors were affected by the financial crisis. The statement that "Cambodia was a country for sale was unacceptable" - there was a legal framework, and Cambodia operated within that, although it recognised that it had room to improve, and would continue to work in that direction. Regarding bilateral trade, Cambodia wished to develop its rice exports, and therefore welcomed not just Kuwait, but all countries who wished to invest in its agriculture, countries of which Kuwait was just the first. Large-scale investment in agriculture would increase employment. Cambodia encouraged non-genetically modified organism products, but there was a lot of competition on the world market.
Responding to brief follow-up questions, Mr. Suon said that some responses would be submitted later in written form. With regards to the impact on the environment, Cambodia was also concerned about this, and it did undertake environmental impact studies when taking up a project. The feasibility studies were not necessarily perfect, but they were being implemented. The environment was important, but in the regional framework, the true situation could be seen. The Committee could criticise Cambodia, but Cambodia had survived, and would continue to survive with the Committee's assistance. The 1993 Investment Law covered all sectors, the delegation said. The main industry now in Cambodia was the garment industry, with about 400 factories, with about 4,000 workers. When foreigners invested in this industry, Cambodia provided a great incentive, including duty-free import of fabric. When the Government was considering approving an investment, it considered all aspects of the feasibility study, including impact on local living, market prices, and land ownership. However, the garment industry did not have much impact on these.
Questions by Committee Experts on articles six to nine, on the right to work; the right to decent work; the right to form or join trade unions and the right to strike; and the right to social security
Among the questions and issues raised by the Committee Experts were a request for concrete information on the amount of the minimum salary and other aspects related to employment, including the figures of unemployment in each category of the population; how were things allocated between formal and informal employment, in other words work that benefited from social guarantees, and work on the street; what were the strategies the Government intended to promote with regards to the work of young people, and how were the latter trained for employment; whether the minimum wage allowed workers and their families to enjoy a decent standard of living; what was the percentage of the population that earned the minimum wage; a request for additional information on the situation of night-work and night shifts; what measures were used to achieve greater equality of salaries between men and women; the lack of independent judiciary investigation into the murder of trade unionists; what was the result of international investments in terms of making social security an enforceable right; whether pension rights covered public employees only or also workers in the private sector; who was covered under the social security regime and what benefits did it provide; and whether foreign direct investment really helped in establishing a labour-intensive industry or not.
Response by Delegation
Responding to these questions and others, Mr. Suon said that Cambodia was a country that attached much importance to gender issues, and had a Minister for Women's Affairs who was very active in the field of women's rights. According to the objectives and policies of the Government, gender equity glorification had been promoted and there were gender issue projects in many areas. The key national mechanism for gender glorification was the afore-mentioned Minister, there was also a Working Group on gender-mainstreaming, and a National Council for Women. According to the Strategy Plan, priority sectors focused on gender-mainstreaming, the empowerment of women, judicial protection for women, and the participation of women in the formal and informal economy, among others. A planning process had been set to consider gender issues at the municipal level. There was a lot of statistical data on the situation of women, and Cambodia was blessed with regards to gender issues. Women were promoted to be actively involved in Government and municipal positions. Issues were addressed through the National Mechanism for Gender Equity and Empowerment, led by the Minister for Women's Affairs with the support of the United Nations Development Programme.
Regarding the labour law of 1997, Cambodia was continuing to strengthen the respect and enhancement of this law, Mr. Suon said. There were vocational organizations of employers, known as Employers' Associations. There was a labour inspection process. On the scale of the informal economy, its size was still small. There was a Ministry of Labour and Vocational Training which was in charge of this, and it assessed the informal economy, and paid special attention to the possibility of providing technical and vocational skills to allow people to obtain better jobs. The Ministry of Education had created an informal education for the purpose of giving opportunity and ability to people of all ages, including those with disabilities, to attend a class for training and learn how to get work for the future. There was still a need for foreign capital in the country, the delegation said, and the informal economy was not particularly developed. Cambodia was not in a situation where it had to provide economic compensation and support, but it did provide training and could speed up the reform process to ensure that its products were more competitive on the world market. If the United States was in a position to implement its commitment to provide duty-free goods, then Cambodia could increase its production and economy, the delegation said.
On the impact of the global financial crisis on Cambodia, the country was feeling the pain of the crisis, Mr. Suon said, in particular as it was a small country with a small-scale economy. This would no doubt increase in the near future. There were already a number of workers laid off, and this would be difficult for Cambodia in terms of how it tried to promote the well-being of the people. As a least-developed country, Cambodia was going to find this particularly difficult. The Government's current plan was a shift from industry to the agricultural sector, using land to develop the economy in order to overcome this situation. The report was not perfect and had a lot of shortcomings, Mr. Suon agreed, and there was a need for improved partnership between Cambodia and the United Nations agencies, including the Office of the High Commissioner for Human Rights in Cambodia in order to help Cambodia to resolve this problem.
With regards to the minimum wage, the guaranteed minimum wage in Cambodia varied according to the region and economic factors influencing the standard of living, and was set by Ministerial Order from the Ministry of Labour, Mr. Suon said. There were criteria for determining the minimum wage, composed of, among others, the needs of the worker and his family, the cost of living, the requirement of economic development, and productivity. The Government was committed to continuing the reform process, to drafting the Labour Code, and to protecting the establishment of trade unions in the garment sector. Cambodia had a very close relationship with the ILO - this was something in which it had engaged, and Cambodia acknowledged the fact that it had not yet ratified ILO conventions, but implemented some of the provisions therein through practical projects and activities that had been carried out up to now along with programmed policy. It followed ILO guidelines with regards to, among others, labour inspection, social policy, and equality of treatment. Cambodia felt that it needed to adapt to the economic reality of the country, and appreciated that every convention it signed was henceforth binding and Cambodia had to respect that.
With regards to the difference in treatment between formal and informal workers, the delegation said the Labour Law was easy to apply, particularly the minimum wage, in the first case, but not so easy in the second case, when it was harder to protect rights. This was the difference between formal and informal workers. The Government allowed any person to set up a labour union without impediment, and there were more than 1,569 unions operating in Cambodia, and the establishment of these could not be impeded on any grounds other than that of public order.
Responding to follow-up questions, in which many Experts pointed out that they were unsatisfied by the vague answers provided, Mr. Suon said that the delegation would communicate with the capital in order to provide answers. The right to social security was protected and guaranteed by the Constitution, according to which the conclusion could be drawn that in Cambodia social security was not set at 100 per cent of the salary. Cambodia had addressed the issue, and the Ministry of Social Affairs was working with the Ministry of Labour and others to address it. The Government needed to implement further processes in this regard, not just with regards to the enforcement of the social security scheme, but also the scheme for those who were disabled or had dependents, and to ensure the protection of those covered by the labour law.
Questions by Committee Experts on articles ten to twelve, on protection of the family, mothers, and children; the right to an adequate standard of living including adequate food, clothing and housing; and the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Questions and issues raised by Committee Experts included what was the situation with regards to water-borne diseases in rural areas where water was often obtained from natural sources such as lakes, ponds and streams; how the Government addressed the lack of toilet facilities; how the actual human rights situation of people on the ground had changed; issues related to illegal drugs and whether the distribution of legal drugs to the most affected and disadvantaged was secured and what were the targets in this regard; the situation with regards to HIV/AIDS and what was the situation with regards to the reported drop in infection; how was the rural population affected in the context of provision of mental health care; what was being done with regards to disabled persons, in particular children suffering from injuries caused by mines and whether assistance had been sought from donor countries in their regard; how was Cambodia dealing with the mine problem and whether there had been land mine clearance of a large part of the territory or whether it was still a problem; issues related to land ownership for those who had been working the land for a long period of time; and what were the follow-up decisions to the recommendations made by the present Special Rapporteur on the right to adequate housing to declare a national moratorium on evictions until the Government's activities were brought in line with international standards.
Questions by Committee Experts on articles thirteen to fifteen, on the right to education; compulsory free education; and the right to take part in cultural life, and to enjoy the benefits of scientific progress and its applications
Committee Experts raised a number of questions and issues, including the law on education that was adopted in 2007, but there were some apparent shortcomings; what was the increase in budgetary allocation and the situation with regards to attempts to mobilise foreign aid for education and educational reforms in order to achieve priority policies; what was the situation with regards to the education strategy; whether foreign aid was particularly important or not in the context of education; figures for the number of people who were marginalised and excluded from society, including from education, as well as figures on street children, vulnerable women, and other vulnerable groups; what were the tangible achievements of the Government in terms of the "Rectangular Strategy 2008-2010"; what was the illiteracy rate for men and for women; what was the status of human rights education; whether the genocidal war committed by the Khmer Rouge was being highlighted in human rights education; what was the situation with regards to trafficking in the context of reports that there were hundreds of women and children trafficked to other countries; what was the situation of the thousands of sex workers in Cambodia, thirty per cent of which were reported to be under eighteen; the sub-human conditions that those who had been evicted were living in with no access to potable water; and what particular problems were encountered with providing free public primary school education for all children.
Response by Delegation
Responding to these questions and others, Mr. Suon said some very pertinent and important questions had been asked, but the problem was how to provide answers, as he got confused by statistical data, however, the delegation was keen on providing answers. With regards to education, the 2009 Budget showed that allocations to education had risen by 90 per cent compared to the 2008 Budget allocations. Today was a holiday in Cambodia, the King's Birthday, and this had impeded attempts to gain answers. On corporal punishment, Cambodia had recognised the Convention on the Rights of the Child in 1992 and had a National Council for Children and an Inter-Ministerial Body to deal with the rights of the child, however, it had not yet adopted a specific law on corporal punishment, and believed that it needed to improve the legislation in terms of how to address the child in conformity with the provisions of the Convention. On land-mine issues, Cambodia was well-known worldwide for this issue, and had joined international efforts to campaign against land-mines. Cambodia addressed the issue from a humanitarian perspective, but also as a socio-developmental issue. There were projects to ensure that victims of land-mines became beneficiaries of mine-clearing.
Education was very important for Cambodia, Mr. Suon said, but it was very difficult to find statistics in that regard. So far, at the end of 2008, Cambodia believed that the sector of education was a critical element for human resource development and poverty-reduction, and had policies to address the challenges in the education sector, in line with the Rectangular Strategy and the National Development Plan of 2007-2013, which was very important to achieve educational targets. Some significant progress had been made in the realisation of educational priorities in recent times. There was an increase in the number of enrolments in primary and secondary schools, as well as an increase in adult literacy, but there were still gaps relating to the availability of all educational facilities and providing education to households in very remote areas. There was significant progress that had been achieved, statistically. There were attempts to promote the gender balance at the primary school level, with an increase in the number of female teachers to more than half. In some areas there was a lot going on with regards to the education system.
On ethnic minority education, Mr. Suon said that the programme of education was for all, but Cambodia could not make distinctions as to education in this regard, as all were Cambodians. Constitutionally, all were treated equally, and had equal rights and equal opportunity. The term "minority" was not entirely clear to Mr. Suon, he said, and he did not understand what the Committee meant by it - Cambodia was mostly a homogenous society, a tolerant society, and was not as multi-cultural as other countries were.
With regards to the housing issue and the need for Cambodia to implement programmes that were consistent with the HABITAT programme, Mr. Suon said that this was an issue which took time to implement. Cambodia was elaborating a law on housing, and appreciated the suggestion that this be consistent with HABITAT. On the issue of health, this was a very important subject, and progress in this area had been impressive in many areas, in particular HIV/AIDS, and projects had been conducted according to rigorous international standards on such areas as maternal and child mortality and health, malnutrition, malaria, HIV/AIDS, women's status and domestic violence. There had been a marked decline in infant mortality since 2007. Two thirds of children had received all the major recommended vaccinations. Maternal mortality had declined slightly - but there had been a remarkable decline in malaria cases.
Constant efforts were being made to protect the environment, including laws on protected areas, empowering the Ministry of the Environment to protect these areas, Mr. Suon said, including by preventing land encroachment and forest depletion. There were also efforts to enhance eco-friendly tourism. Illegally occupied land in protected areas was taken back. Also there was forestry reform, and this was now a healthy 49 per cent of the land area. Cambodia was however not complacent that it would lose more, and had therefore adopted the Forest Law, categorising the forest lands, as this was one of the important areas for sustainable development in Cambodia. Forestry law, enforcement, guidance, enhancing the effectiveness of forest and wildlife management and conservation, and increasing forestry research and human resource development were all part of the efforts made to stick to the reform process to contribute to advancing human rights in Cambodia in the relevant areas, particularly with regards to the most vulnerable including with regards to the forestry management process.
On indigenous people, and whether those belonging to indigenous groups had land titles, Mr. Suon said that people were treated equally as Cambodian citizens, and this was highly respected. There were no distinctions based on races, this was not in Cambodian policy, and in this context titles could be given to any Cambodian citizens, surely also including indigenous groups, who lived in the tribal areas. Cambodia had set up a strategy to ensure food security and nutrition, which was a first step to ensure that the food security and nutrition strategy was integrated into the Government's policy. Thirty per cent of Cambodia's population lived below the poverty line, but more than one per cent of these annually moved above the poverty line. The Government had changed its strategy towards supporting the agricultural sector in order to limit the rural exodus and ensure food security, as well as supporting the Cambodian economy and ensuring that unemployment did not become a social issue. Cambodia appreciated the concern of the Committee in this regard.
With regards to human trafficking, statistics would be provided later, Mr. Suon said, as Cambodia was very much involved in this area at the national, regional and global levels. The Ministry of the Interior had been very active with the international agencies to address the issues and challenges of human trafficking, as this was a trans-boundary issue, no single country could deal with it. Cambodia was very open to international cooperation in this area. Cambodia did not agree with the situation of the land reform in Cambodia, as viewed by the Committee, which considered that this issue needed to be further elaborated so that it did not become a political issue, but instead was a social issue. There was a need for constructive dialogue with all stakeholders, actors, and partners in this regard, including development partners, and this common sense approach would bear fruit. There was a lot of over-reacting to this problem, and it then became a political issue, and could not be addressed. In the meantime, Cambodia welcomed any relevant proposal, and the Government had political will in this regard. There would not, however, be a moratorium on the process.
Regarding unlicensed clinics, the delegation said the Ministry of Health was dealing with these, but understood that it might need to strengthen its efforts in this regard. With regards to mine explosions with child victims, this problem was part of the State de-mining programme, and was included therein, and of course Cambodia needed donor assistance in this regard. The law on domestic violence had been adopted several years ago and had been implemented, thus there was no doubt that Cambodia was committed to combating this phenomenon. The Government and NGOs worked hand-in-hand actively in this area, and there was thus no doubt that Cambodia was combating this problem. Mr. Suon added that domestic violence was a priority area, and the Government would address it further within its abilities and capabilities. Certainly there were still shortcomings, but this was something that it was addressing, and it had very good cooperation with many stakeholders to implement the programme, and the Ministry of Women's Affairs was very active in this area.
Disability and indigenous children was a very important area, Mr. Suon said, and in response to the 2010 Millennium Development Goal and the National Plan of Education for All, including children from vulnerable and indigenous groups, these people were taken care of by the Ministry for Education which had cooperated with international and local organizations to handle all children through certain programmes, including one on children with disabilities, an accelerated learning programme, and an educational programme for indigenous children, all of which had had very positive outcomes at the national level. Cambodia had signed the Convention on the Rights of Persons with Disabilities and a draft law on this had been approved by the Council of Ministers, and would be sent to the National Congress for adoption. There was an informal education programme, aiming for marginalised people, vulnerable women and children, street children and adults from 15 to 45, and ethnic minorities, aiming to provide them with life skills and education and training allowing them to gain employment.
Concluding Remarks
Sun Suon, Permanent Representative of Cambodia to the United Nations Office at Geneva, in concluding remarks, said he wished to thank the Committee for the deliberations and dialogue on the review of the first Cambodian report on the implementation of the Covenant. It was an important constructive learning process for the Cambodian delegation, and Cambodia remained committed to the important process of implementing the Covenant, which aided the Government to comply with its obligations on human rights. The delegation appreciated receiving the questions and assessment, and would take them back to be considered in order to improve the dialogue with the relevant institutions. Cambodia acknowledged the shortcomings in its report, which were due to the nature and state of the country's development at the moment, and hoped that this meeting would be a good experience for it to improve the quality of its national report for review, as well as for the consideration and commitment of Cambodia. At the next review, Cambodia should be able to send a delegation from the capital. The report would be a guideline for the Government to follow-up and assess its agenda and plan of action in a more effective and productive way in all elements under the economic, social and cultural rights framework, which would contribute to improving the situation and way and life of the Cambodian people.
ROCIO BARAHONA RIERA, Chairperson of the Committee, in concluding remarks, said he wished to extend the Committee's thanks for the delegation's presence on the consideration of the initial report of Cambodia. This was a very useful exercise for the State Party, as it would enable it to better understand the Committee's role in assisting the State Party in meeting the obligations under the Covenant. It was true that this was an ongoing process, and had just started with this initial report, but the Committee hoped to see Cambodia regularly and hear information on the progress that the country would be making in respecting its obligations. The Committee was not a United Nations court, it was a committee, responsible for cooperating with the State Party in the exercise of economic, social and cultural rights. During the dialogue, reference had been made to the assistance Cambodia could get in preparing future reports, and it was certainly an option to request technical assistance from the Secretariat in this regard. The Committee would provide ongoing support on anything under economic, social and cultural rights.
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For use of the information media; not an official record
and Cultural Rights
12 May 2009
The Committee on Economic, Social and Cultural Rights has considered the initial report of Cambodia on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report of Cambodia, Sun Suon, Permanent Representative of Cambodia to the United Nations Office at Geneva, said Cambodia believed that all human rights were indivisible, interdependent and interrelated, and deeply believed in the value of democracy and human rights that should be built and promoted through the principle of universality. Cambodia placed special emphasis on poverty reduction as a major effort for protecting and promoting human rights, and progress was recorded steadily at a rate of over 1 per cent per annum, and there was an improvement of the main social indicators, especially in education, health and gender equity. The primary aim was to advance the development process in all spheres, and address poverty reduction, in order to reach the Millennium Development Goals targets, and thereby further realise the objectives for the advancement of economic, social and cultural rights of the Cambodian people.
Among the questions and issues raised by Committee Experts were a request for more information on the trials of those responsible for the massive human rights violations during the civil war and conflicts; whether it was true that "Cambodia was a country for sale" and whether everything, including companies and land rights, could be bought; whether the minimum wage allowed workers and their families to enjoy a decent standard of living; who was covered under the Social Security regime and what benefits did it provide; what was being done with regards to disabled persons, in particular children suffering from injuries caused by mines and whether assistance had been sought from donor countries in their regard; whether the genocidal war committed by the Khmer Rouge was being highlighted in human rights education; and what was the situation with regards to trafficking in the context of reports that there were hundreds of women and children trafficked to other countries.
In concluding remarks, Mr. Suon said Cambodia acknowledged the shortcomings in its report, which were due to the nature and state of the country's development at the moment, and hoped that this meeting would be a good experience for it to improve the quality of its national report for review, as well as for the consideration and commitment of Cambodia. At the next review, Cambodia should be able to send a delegation from the capital. The recommendations would be a guideline for the Government to follow-up and assess its agenda and plan of action in a more effective and productive way in all elements under the economic, social and cultural rights framework, which would contribute to improving the situation, and the way and life of the Cambodian people.
Also among the delegation of Cambodia were other representatives of the Cambodian mission to the United Nations Office at Geneva.
The next meeting of the Committee will be at 3 p.m. on Tuesday 12 May, when it will take up the fourth and fifth periodic reports of the United Kingdom (E/C.12/GBR/5).
Report of Cambodia
The initial report of Cambodia (E/C.12/KHM/1) notes that the Royal Government of Cambodia is pleased to show some results of the implementation on this Covenant. A significant instance to show that economic, social and cultural rights have been observed and used to make reflections in the report is the 1993 Constitution and other regulations in the Kingdom of Cambodia. Despite the existing laws and regulations, the Government acknowledges the lack of crucial standard documents and certain prioritized practical activities which ensure the respect of economic, social and cultural rights, which the Royal Government has to resolve continuously and promptly in order to strengthen the democracy. The educational network, and technical and vocational training and skills are established to serve men and women equally, especially the poor, the disabled and vulnerable people in order to respond to the short and long-term market requirements.
In Cambodia, respect for human rights is one of the main duties, to which the Government has been paying attention in order to show an effective rule in response to the political position of liberal democracy, which the Government has upheld. In this conscience, the Government has established Jurisdictional Administration Institutions and other organizations to protect human rights of all kinds. The Cambodia Human Rights Committee acts on behalf of the Government and functions in investigating and collecting information related to the implementation of human rights in order to develop reports for the United Nations. On its own behalf, the Committee observes the practice of human rights in order to develop appropriate measures aiming to improve the practice of human rights.
All human rights stipulated in international instruments are guaranteed by the Constitution and other laws of Cambodia. There is no point in the Constitution or other laws of Cambodia stipulated against human rights principles, which are set out in the international instruments. The dispositions stipulated in international instruments have not been used as direct evidence for protection of human rights before the courts and administration authority; however, those dispositions are quoted as the main principles to incorporate into the regulations and laws of the State and they are the essential tools for the protection of human rights in Cambodia. The Royal Government has determined the communication networks as interlinked blood veins of Cambodia aimed to ensure the internal, regional and universal integrations. Moreover, for Cambodia’s economy, the physical infrastructure has an important role as a locomotive of the economic growth and as the most effective means for poverty reduction and for relieving the difficulties and sufferings of the people.
Introduction of Report
SUN SUON, Permanent Representative of Cambodia to the United Nations Office at Geneva, introducing the initial report of Cambodia, said Cambodia was a country that had emerged from a past period of tragedy, with war and conflict, which totally destroyed and broke down all social fabric, including education, health and social protection services, leaving Cambodia with untold suffering and consequences. It had taken the country a long time to overcome these challenges and begin a process of peace-building, reconciliation, reconstruction and development from the ashes of 1991. In this context, the assessment of Cambodian human rights should take into account the retrospectives of the past situation. The current political stability, achieved and consolidated through persevering efforts after the conflict, allowed Cambodia to embark on a reform programme in all sectors, to rebuild institutional capacities, strengthen the socio-economic infrastructures, and create a highly conducive climate to attract investments from both domestic and overseas sources with strong economic growth and poverty reduction.
The basis for the protection and promotion of human rights in Cambodia was enshrined in the Constitution, which provided the framework and guidelines for the country's legal system. Human rights had been prioritised, among the core components of the main policy and agenda of the Government. In terms of international cooperation, it was obvious that the country had been making efforts by engaging itself in the protection and promotion of human rights under the United Nations framework. It had established a national human rights committee, attached to the Government, in order to coordinate and cooperate with national agencies and other stakeholders to address all relevant challenges of human rights. Cambodia believed that all human rights were indivisible, interdependent and interrelated, and deeply believed in the value of democracy and human rights that should be built and promoted through the principle of universality. Cambodia placed special emphasis on poverty reduction as a major effort for protecting and promoting human rights, and progress was recorded steadily at a rate of over 1 per cent per annum, and there was an improvement of the main social indicators, especially in education, health and gender equity.
Land reform was a very sensitive area, due to the particularity and outstanding issues associated mainly with the legacy of the past tragic period, and subsequently combined with new challenges of economic trends and development. Progress had also been made in such cross-cutting areas as gender: women were regarded as the backbone of the national economy and society. Cambodia recognised the importance of education as a major tool for national development. In the health sector, the Government regarded people's well-being as the prerequisite to human resources and sustainable socio-economic development. Efforts had also been made in relation to the policy of the social safety net to improve the well-being of people, for example by increasing pensions and other benefits for retired civil servants and veterans. Efforts in reducing the proportion of child labour for dangerous jobs had been made. Religious and cultural issues were the bedrock for building and strengthening the very vital "social capital" that no amount of economic or social development could alone create or sustain. The primary aim was to advance the development process in all spheres, and address poverty reduction, in order to reach the Millennium Development Goal target, and thereby further realise the objectives for the advancement of economic, social and cultural rights of the Cambodian people.
Questions by Committee Experts on articles one to five of the Covenant on the right to self-determination; the obligation of States Parties to achieve progressively the full realisation of the rights in the Covenant; the equal right of men and women to enjoy economic, social and cultural rights; the limitation of these rights for the purpose of promoting general welfare; and the prohibition of limitation of any rights under the pretext of them not being recognised in the Covenant
Committee Experts then raised a number of questions and issues, including a request for more information on the trials of those responsible for the massive human rights violations during the civil war and conflicts; the need to make the Covenant justiciable; how did the Human Rights Commission comply with the Paris Principles, in which areas had it been active, and what kinds of violations had it dealt with; what was the situation with regards to corruption in the judiciary; whether the Government had a focused, macro-level plan for reconstruction and development in order to combat poverty; which sectors had benefited most from either foreign or national investment over the past few years; whether it was true that "Cambodia was a country for sale" and whether everything, including companies and land rights, could be bought; whether a rice concession made to Kuwait could have negative effects on the Covenant and economic, social and cultural rights; whether there was a law channelling investments and what advantages were given to direct foreign investment; the lack of independence of the judiciary, which limited and endangered access to justice; what was the situation with regards to housing, which was apparently a great problem, including forced evictions; and what sort of deterrents the Government envisaged in order to prevent violations of economic, social and cultural rights.
Response by Delegation
Responding to these questions and others, Mr. Suon said bearing in mind that Cambodia was committed to the cause of human rights and economic, social and cultural rights, the questions were appreciated as they reflected the process of Cambodian engagement in dealing with human rights. He was very pleased with the dialogue that needed to be conducted and the frank discussions and manner that should ensure a positive conclusion for Cambodia in moving forward and dealing with the challenges ahead in the social, economic and cultural process. Cambodia was a country that had just emerged from nothing, and was trying to rebuild the country, and this was still ongoing. From Cambodia's perspective, it knew how to interact with the country and the inhabitants thereof in order to deal with human rights.
With regards to the genocide regime, Cambodia had only had a short time since this, and it had been traumatised by this, not only on the social level but also the mental level, and this was a long process of recovery, Mr. Suon said. With regards to the Khmer Rouge tribunal, this was an element of Cambodia's commitment to human rights. It needed to close the question of impunity. The slow process had been mentioned, and corruption in the administration itself, but the Committee should not forget that the trial was a mixed structure between the national and the international court. The process was slow, but it was going to work. Cambodia was committed to the Khmer Rouge tribunal, which was also a product of the Cold War, and was a model for Cambodia to heal the wounds of the past. The Tribunal was not Cambodian alone, but was a process which should be considered through the perspective of the whole genocide. Cambodia was working to close this chapter and move forward. The Government knew it had to deal with the Tribunal, but it also needed to bring justice to the people, in the context of international cooperation.
On questions relating to the Human Rights Committee, Mr. Suon said it existed within the framework of the Government, and not yet in the context of the Paris Principles. This however was an ongoing process. The Government needed first to deal with the situation from a Cambodian context, understanding how the country dealt with human rights and advanced human rights further. The Government had organised a number of working groups and seminars in this regard, and had been approached by human rights activists on how to create an independent human rights body. The trend was to have some kind of interactive dialogue in order to attain the objective of fulfilling the Paris Principles. But Cambodia needed time, as human rights were a cross-cutting issue and interacted with some very sensitive issues. Cambodia needed to identify how it could function as a country and as a fraction of society, learning how to agree and disagree, before it could advance in the process of democratization and engage more fully with human rights.
With regards to the status of the Covenant, it was an international human rights instrument, and was integrated into the Constitution, Mr. Suon said, as the Constitution stated that Cambodia recognised human rights as per United Nations conventions and covenants to which it was a party. All basic rights stipulated therein were integrated into an article of the Constitution. With regards to its implementation, Cambodia believed that all laws related to economic, social and cultural rights would be determined by the fundamental principles recognised in the Constitution. Cambodia had integrated the International Covenant on Economic, Social and Cultural Rights in conformity with the principles recognised in the Constitution - the labour laws and laws on marriage and the family, for example, complied with the Covenant, and this was Cambodia's interpretation of the need to integrate the Covenant into its law. With regards to use of the provisions of the Covenant in court, the Courts relied on national law and regulations. Interpretation of the law with regard to the Covenant depended on individual cases; Cambodia was however bound by the international conventions and treaties.
The Government had adopted a liberal investment policy, attracting local, foreign and international investment in order to provide benefits for the Cambodian people as a whole. It had a policy of making concessions up to ninety-nine years, if the investor could prove benefit for Cambodia as a whole. It currently had 15 special economic zones where the business and investor could profit fully from their investment. The establishment of a special zone required an impact assessment study both on society and on the environment by the appropriate Governmental organizations. The project application could be approved or rejected on the basis of the feasibility study and as to whether it would be beneficial to Cambodia's economy. Grounds for rejection could include negative effects on the environment. Kuwait was just one country with which Cambodia established and maintained relationships. The Government had an open-door policy, and that needed to be respected, as Cambodia needed economic growth and prosperity. This was why it had Plans of Action to cover all areas, including environmental concerns.
On land issues, this was a very outstanding issue, Mr. Suon said, and Cambodia was trying to conduct a reform process to reach the goal required. It was not an easy issue to address due to political, economic, social, cultural and historical dimensions. Under the Khmer Rouge, everything was nationalised - later on, it was free, but nobody wanted it because of the scale of the investment required. Land eviction and land-grabbing was not a Government policy, but was something it had to deal with. The Government had established a policy of land registration for the indigenous, organising a judicial framework for land for the indigenous, and believed this was a key factor in the sustainable management of land, and to ensure a balance of socio-economic development for the indigenous peoples who could maintain their traditions for generations to come. The objective and strategy for the Government in land registration for indigenous communities was part of land reform, and contributed to poverty reduction and national economic development. The Government tried to limit deforestation, and had taken some steps and measures to address these issues from institutional, legal and operational perspectives. Efforts were continuing to improve land registration procedure for all in order to improve the situation with regards to land titling. Seventy-seven per cent of land owned by households was now secured by land title. The land issue was a big issue for the country, and both the Government and the country as a whole were making a significant effort, but agreed that they had to reinvigorate these issues in order to move ahead.
With regards to the indigenous, at the national level there were some criteria in order to proceed with the prevention of disasters, and the impact it could have on people, in particular the indigenous, Mr. Suon said. Cambodia would have the ability to create hydro-electricity projects in the future. With regards to the environmental impact, this was a legitimate question and concern, but the competitiveness of the country was important. It was an area where there was a lot of progress in the region, both at the national and regional level. However, there was first a need to study the land side of the project, on where the hydro-electric dam would be built, study the community impact, as in what effect it would have on local communities, including the economic and social impact, and if necessary to evacuate them from the area with appropriate compensation. Cambodia had not yet however determined the location for a dam - and compared to other countries of the region it was far behind in this process. Cambodia believed that development should take place in line with environmental preservation, in the context of the sustainable development of the resources of the country.
There was a gap between the salaries of teachers in public and private schools, Mr. Suon said, and in future this would be examined. It was part of a lesson to Cambodia on how to address competitiveness in education, as Cambodia needed education to increase the quality of its human resources, and Cambodia hoped it was now on the right track in this endeavour, and would be improving the quality of education in parallel with its growth in economic development. When comparing what had been since the Pol Pot regime, when there were only seven lawyers in Cambodia, now there were more than 170 pieces of negotiated legislation, and a large number of young people working in the legal field, including in legal aid NGOs. The process was not perfect, but would continue, and be further promoted in order to attain the objectives. There were good judges and good prosecutors. The corruption issue was a problem, but a comprehensive anti-corruption law had been set up, and was going through the process in Parliament as it needed to be consistent with the penal law that was going to be adopted.
The budget for education had been increased, Mr. Suon said. The delegation said with regards to investment, Cambodian citizens could invest in whatever area they wished to, and the Government encouraged them to do so, just as it did foreign investors. Cambodian local investment played an important role in development, and a lot of sectors had been opened to Cambodian investment, however, foreign investment remained very important too. Cambodia was a member of the World Trade Organization, and there was no discrimination in investment. At the moment, however, sectors were affected by the financial crisis. The statement that "Cambodia was a country for sale was unacceptable" - there was a legal framework, and Cambodia operated within that, although it recognised that it had room to improve, and would continue to work in that direction. Regarding bilateral trade, Cambodia wished to develop its rice exports, and therefore welcomed not just Kuwait, but all countries who wished to invest in its agriculture, countries of which Kuwait was just the first. Large-scale investment in agriculture would increase employment. Cambodia encouraged non-genetically modified organism products, but there was a lot of competition on the world market.
Responding to brief follow-up questions, Mr. Suon said that some responses would be submitted later in written form. With regards to the impact on the environment, Cambodia was also concerned about this, and it did undertake environmental impact studies when taking up a project. The feasibility studies were not necessarily perfect, but they were being implemented. The environment was important, but in the regional framework, the true situation could be seen. The Committee could criticise Cambodia, but Cambodia had survived, and would continue to survive with the Committee's assistance. The 1993 Investment Law covered all sectors, the delegation said. The main industry now in Cambodia was the garment industry, with about 400 factories, with about 4,000 workers. When foreigners invested in this industry, Cambodia provided a great incentive, including duty-free import of fabric. When the Government was considering approving an investment, it considered all aspects of the feasibility study, including impact on local living, market prices, and land ownership. However, the garment industry did not have much impact on these.
Questions by Committee Experts on articles six to nine, on the right to work; the right to decent work; the right to form or join trade unions and the right to strike; and the right to social security
Among the questions and issues raised by the Committee Experts were a request for concrete information on the amount of the minimum salary and other aspects related to employment, including the figures of unemployment in each category of the population; how were things allocated between formal and informal employment, in other words work that benefited from social guarantees, and work on the street; what were the strategies the Government intended to promote with regards to the work of young people, and how were the latter trained for employment; whether the minimum wage allowed workers and their families to enjoy a decent standard of living; what was the percentage of the population that earned the minimum wage; a request for additional information on the situation of night-work and night shifts; what measures were used to achieve greater equality of salaries between men and women; the lack of independent judiciary investigation into the murder of trade unionists; what was the result of international investments in terms of making social security an enforceable right; whether pension rights covered public employees only or also workers in the private sector; who was covered under the social security regime and what benefits did it provide; and whether foreign direct investment really helped in establishing a labour-intensive industry or not.
Response by Delegation
Responding to these questions and others, Mr. Suon said that Cambodia was a country that attached much importance to gender issues, and had a Minister for Women's Affairs who was very active in the field of women's rights. According to the objectives and policies of the Government, gender equity glorification had been promoted and there were gender issue projects in many areas. The key national mechanism for gender glorification was the afore-mentioned Minister, there was also a Working Group on gender-mainstreaming, and a National Council for Women. According to the Strategy Plan, priority sectors focused on gender-mainstreaming, the empowerment of women, judicial protection for women, and the participation of women in the formal and informal economy, among others. A planning process had been set to consider gender issues at the municipal level. There was a lot of statistical data on the situation of women, and Cambodia was blessed with regards to gender issues. Women were promoted to be actively involved in Government and municipal positions. Issues were addressed through the National Mechanism for Gender Equity and Empowerment, led by the Minister for Women's Affairs with the support of the United Nations Development Programme.
Regarding the labour law of 1997, Cambodia was continuing to strengthen the respect and enhancement of this law, Mr. Suon said. There were vocational organizations of employers, known as Employers' Associations. There was a labour inspection process. On the scale of the informal economy, its size was still small. There was a Ministry of Labour and Vocational Training which was in charge of this, and it assessed the informal economy, and paid special attention to the possibility of providing technical and vocational skills to allow people to obtain better jobs. The Ministry of Education had created an informal education for the purpose of giving opportunity and ability to people of all ages, including those with disabilities, to attend a class for training and learn how to get work for the future. There was still a need for foreign capital in the country, the delegation said, and the informal economy was not particularly developed. Cambodia was not in a situation where it had to provide economic compensation and support, but it did provide training and could speed up the reform process to ensure that its products were more competitive on the world market. If the United States was in a position to implement its commitment to provide duty-free goods, then Cambodia could increase its production and economy, the delegation said.
On the impact of the global financial crisis on Cambodia, the country was feeling the pain of the crisis, Mr. Suon said, in particular as it was a small country with a small-scale economy. This would no doubt increase in the near future. There were already a number of workers laid off, and this would be difficult for Cambodia in terms of how it tried to promote the well-being of the people. As a least-developed country, Cambodia was going to find this particularly difficult. The Government's current plan was a shift from industry to the agricultural sector, using land to develop the economy in order to overcome this situation. The report was not perfect and had a lot of shortcomings, Mr. Suon agreed, and there was a need for improved partnership between Cambodia and the United Nations agencies, including the Office of the High Commissioner for Human Rights in Cambodia in order to help Cambodia to resolve this problem.
With regards to the minimum wage, the guaranteed minimum wage in Cambodia varied according to the region and economic factors influencing the standard of living, and was set by Ministerial Order from the Ministry of Labour, Mr. Suon said. There were criteria for determining the minimum wage, composed of, among others, the needs of the worker and his family, the cost of living, the requirement of economic development, and productivity. The Government was committed to continuing the reform process, to drafting the Labour Code, and to protecting the establishment of trade unions in the garment sector. Cambodia had a very close relationship with the ILO - this was something in which it had engaged, and Cambodia acknowledged the fact that it had not yet ratified ILO conventions, but implemented some of the provisions therein through practical projects and activities that had been carried out up to now along with programmed policy. It followed ILO guidelines with regards to, among others, labour inspection, social policy, and equality of treatment. Cambodia felt that it needed to adapt to the economic reality of the country, and appreciated that every convention it signed was henceforth binding and Cambodia had to respect that.
With regards to the difference in treatment between formal and informal workers, the delegation said the Labour Law was easy to apply, particularly the minimum wage, in the first case, but not so easy in the second case, when it was harder to protect rights. This was the difference between formal and informal workers. The Government allowed any person to set up a labour union without impediment, and there were more than 1,569 unions operating in Cambodia, and the establishment of these could not be impeded on any grounds other than that of public order.
Responding to follow-up questions, in which many Experts pointed out that they were unsatisfied by the vague answers provided, Mr. Suon said that the delegation would communicate with the capital in order to provide answers. The right to social security was protected and guaranteed by the Constitution, according to which the conclusion could be drawn that in Cambodia social security was not set at 100 per cent of the salary. Cambodia had addressed the issue, and the Ministry of Social Affairs was working with the Ministry of Labour and others to address it. The Government needed to implement further processes in this regard, not just with regards to the enforcement of the social security scheme, but also the scheme for those who were disabled or had dependents, and to ensure the protection of those covered by the labour law.
Questions by Committee Experts on articles ten to twelve, on protection of the family, mothers, and children; the right to an adequate standard of living including adequate food, clothing and housing; and the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Questions and issues raised by Committee Experts included what was the situation with regards to water-borne diseases in rural areas where water was often obtained from natural sources such as lakes, ponds and streams; how the Government addressed the lack of toilet facilities; how the actual human rights situation of people on the ground had changed; issues related to illegal drugs and whether the distribution of legal drugs to the most affected and disadvantaged was secured and what were the targets in this regard; the situation with regards to HIV/AIDS and what was the situation with regards to the reported drop in infection; how was the rural population affected in the context of provision of mental health care; what was being done with regards to disabled persons, in particular children suffering from injuries caused by mines and whether assistance had been sought from donor countries in their regard; how was Cambodia dealing with the mine problem and whether there had been land mine clearance of a large part of the territory or whether it was still a problem; issues related to land ownership for those who had been working the land for a long period of time; and what were the follow-up decisions to the recommendations made by the present Special Rapporteur on the right to adequate housing to declare a national moratorium on evictions until the Government's activities were brought in line with international standards.
Questions by Committee Experts on articles thirteen to fifteen, on the right to education; compulsory free education; and the right to take part in cultural life, and to enjoy the benefits of scientific progress and its applications
Committee Experts raised a number of questions and issues, including the law on education that was adopted in 2007, but there were some apparent shortcomings; what was the increase in budgetary allocation and the situation with regards to attempts to mobilise foreign aid for education and educational reforms in order to achieve priority policies; what was the situation with regards to the education strategy; whether foreign aid was particularly important or not in the context of education; figures for the number of people who were marginalised and excluded from society, including from education, as well as figures on street children, vulnerable women, and other vulnerable groups; what were the tangible achievements of the Government in terms of the "Rectangular Strategy 2008-2010"; what was the illiteracy rate for men and for women; what was the status of human rights education; whether the genocidal war committed by the Khmer Rouge was being highlighted in human rights education; what was the situation with regards to trafficking in the context of reports that there were hundreds of women and children trafficked to other countries; what was the situation of the thousands of sex workers in Cambodia, thirty per cent of which were reported to be under eighteen; the sub-human conditions that those who had been evicted were living in with no access to potable water; and what particular problems were encountered with providing free public primary school education for all children.
Response by Delegation
Responding to these questions and others, Mr. Suon said some very pertinent and important questions had been asked, but the problem was how to provide answers, as he got confused by statistical data, however, the delegation was keen on providing answers. With regards to education, the 2009 Budget showed that allocations to education had risen by 90 per cent compared to the 2008 Budget allocations. Today was a holiday in Cambodia, the King's Birthday, and this had impeded attempts to gain answers. On corporal punishment, Cambodia had recognised the Convention on the Rights of the Child in 1992 and had a National Council for Children and an Inter-Ministerial Body to deal with the rights of the child, however, it had not yet adopted a specific law on corporal punishment, and believed that it needed to improve the legislation in terms of how to address the child in conformity with the provisions of the Convention. On land-mine issues, Cambodia was well-known worldwide for this issue, and had joined international efforts to campaign against land-mines. Cambodia addressed the issue from a humanitarian perspective, but also as a socio-developmental issue. There were projects to ensure that victims of land-mines became beneficiaries of mine-clearing.
Education was very important for Cambodia, Mr. Suon said, but it was very difficult to find statistics in that regard. So far, at the end of 2008, Cambodia believed that the sector of education was a critical element for human resource development and poverty-reduction, and had policies to address the challenges in the education sector, in line with the Rectangular Strategy and the National Development Plan of 2007-2013, which was very important to achieve educational targets. Some significant progress had been made in the realisation of educational priorities in recent times. There was an increase in the number of enrolments in primary and secondary schools, as well as an increase in adult literacy, but there were still gaps relating to the availability of all educational facilities and providing education to households in very remote areas. There was significant progress that had been achieved, statistically. There were attempts to promote the gender balance at the primary school level, with an increase in the number of female teachers to more than half. In some areas there was a lot going on with regards to the education system.
On ethnic minority education, Mr. Suon said that the programme of education was for all, but Cambodia could not make distinctions as to education in this regard, as all were Cambodians. Constitutionally, all were treated equally, and had equal rights and equal opportunity. The term "minority" was not entirely clear to Mr. Suon, he said, and he did not understand what the Committee meant by it - Cambodia was mostly a homogenous society, a tolerant society, and was not as multi-cultural as other countries were.
With regards to the housing issue and the need for Cambodia to implement programmes that were consistent with the HABITAT programme, Mr. Suon said that this was an issue which took time to implement. Cambodia was elaborating a law on housing, and appreciated the suggestion that this be consistent with HABITAT. On the issue of health, this was a very important subject, and progress in this area had been impressive in many areas, in particular HIV/AIDS, and projects had been conducted according to rigorous international standards on such areas as maternal and child mortality and health, malnutrition, malaria, HIV/AIDS, women's status and domestic violence. There had been a marked decline in infant mortality since 2007. Two thirds of children had received all the major recommended vaccinations. Maternal mortality had declined slightly - but there had been a remarkable decline in malaria cases.
Constant efforts were being made to protect the environment, including laws on protected areas, empowering the Ministry of the Environment to protect these areas, Mr. Suon said, including by preventing land encroachment and forest depletion. There were also efforts to enhance eco-friendly tourism. Illegally occupied land in protected areas was taken back. Also there was forestry reform, and this was now a healthy 49 per cent of the land area. Cambodia was however not complacent that it would lose more, and had therefore adopted the Forest Law, categorising the forest lands, as this was one of the important areas for sustainable development in Cambodia. Forestry law, enforcement, guidance, enhancing the effectiveness of forest and wildlife management and conservation, and increasing forestry research and human resource development were all part of the efforts made to stick to the reform process to contribute to advancing human rights in Cambodia in the relevant areas, particularly with regards to the most vulnerable including with regards to the forestry management process.
On indigenous people, and whether those belonging to indigenous groups had land titles, Mr. Suon said that people were treated equally as Cambodian citizens, and this was highly respected. There were no distinctions based on races, this was not in Cambodian policy, and in this context titles could be given to any Cambodian citizens, surely also including indigenous groups, who lived in the tribal areas. Cambodia had set up a strategy to ensure food security and nutrition, which was a first step to ensure that the food security and nutrition strategy was integrated into the Government's policy. Thirty per cent of Cambodia's population lived below the poverty line, but more than one per cent of these annually moved above the poverty line. The Government had changed its strategy towards supporting the agricultural sector in order to limit the rural exodus and ensure food security, as well as supporting the Cambodian economy and ensuring that unemployment did not become a social issue. Cambodia appreciated the concern of the Committee in this regard.
With regards to human trafficking, statistics would be provided later, Mr. Suon said, as Cambodia was very much involved in this area at the national, regional and global levels. The Ministry of the Interior had been very active with the international agencies to address the issues and challenges of human trafficking, as this was a trans-boundary issue, no single country could deal with it. Cambodia was very open to international cooperation in this area. Cambodia did not agree with the situation of the land reform in Cambodia, as viewed by the Committee, which considered that this issue needed to be further elaborated so that it did not become a political issue, but instead was a social issue. There was a need for constructive dialogue with all stakeholders, actors, and partners in this regard, including development partners, and this common sense approach would bear fruit. There was a lot of over-reacting to this problem, and it then became a political issue, and could not be addressed. In the meantime, Cambodia welcomed any relevant proposal, and the Government had political will in this regard. There would not, however, be a moratorium on the process.
Regarding unlicensed clinics, the delegation said the Ministry of Health was dealing with these, but understood that it might need to strengthen its efforts in this regard. With regards to mine explosions with child victims, this problem was part of the State de-mining programme, and was included therein, and of course Cambodia needed donor assistance in this regard. The law on domestic violence had been adopted several years ago and had been implemented, thus there was no doubt that Cambodia was committed to combating this phenomenon. The Government and NGOs worked hand-in-hand actively in this area, and there was thus no doubt that Cambodia was combating this problem. Mr. Suon added that domestic violence was a priority area, and the Government would address it further within its abilities and capabilities. Certainly there were still shortcomings, but this was something that it was addressing, and it had very good cooperation with many stakeholders to implement the programme, and the Ministry of Women's Affairs was very active in this area.
Disability and indigenous children was a very important area, Mr. Suon said, and in response to the 2010 Millennium Development Goal and the National Plan of Education for All, including children from vulnerable and indigenous groups, these people were taken care of by the Ministry for Education which had cooperated with international and local organizations to handle all children through certain programmes, including one on children with disabilities, an accelerated learning programme, and an educational programme for indigenous children, all of which had had very positive outcomes at the national level. Cambodia had signed the Convention on the Rights of Persons with Disabilities and a draft law on this had been approved by the Council of Ministers, and would be sent to the National Congress for adoption. There was an informal education programme, aiming for marginalised people, vulnerable women and children, street children and adults from 15 to 45, and ethnic minorities, aiming to provide them with life skills and education and training allowing them to gain employment.
Concluding Remarks
Sun Suon, Permanent Representative of Cambodia to the United Nations Office at Geneva, in concluding remarks, said he wished to thank the Committee for the deliberations and dialogue on the review of the first Cambodian report on the implementation of the Covenant. It was an important constructive learning process for the Cambodian delegation, and Cambodia remained committed to the important process of implementing the Covenant, which aided the Government to comply with its obligations on human rights. The delegation appreciated receiving the questions and assessment, and would take them back to be considered in order to improve the dialogue with the relevant institutions. Cambodia acknowledged the shortcomings in its report, which were due to the nature and state of the country's development at the moment, and hoped that this meeting would be a good experience for it to improve the quality of its national report for review, as well as for the consideration and commitment of Cambodia. At the next review, Cambodia should be able to send a delegation from the capital. The report would be a guideline for the Government to follow-up and assess its agenda and plan of action in a more effective and productive way in all elements under the economic, social and cultural rights framework, which would contribute to improving the situation and way and life of the Cambodian people.
ROCIO BARAHONA RIERA, Chairperson of the Committee, in concluding remarks, said he wished to extend the Committee's thanks for the delegation's presence on the consideration of the initial report of Cambodia. This was a very useful exercise for the State Party, as it would enable it to better understand the Committee's role in assisting the State Party in meeting the obligations under the Covenant. It was true that this was an ongoing process, and had just started with this initial report, but the Committee hoped to see Cambodia regularly and hear information on the progress that the country would be making in respecting its obligations. The Committee was not a United Nations court, it was a committee, responsible for cooperating with the State Party in the exercise of economic, social and cultural rights. During the dialogue, reference had been made to the assistance Cambodia could get in preparing future reports, and it was certainly an option to request technical assistance from the Secretariat in this regard. The Committee would provide ongoing support on anything under economic, social and cultural rights.
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