A/HRC/33/62
disabilities, are regularly rounded up in the streets and held in poorly equipped facilities.
Many are neither homeless nor without family. The Special Rapporteur notes the recent
announcement by the Prime Minister that the drop-in centre should be made functional or
be closed, and concurs with him, while urging the release of those persons being held
against their will and the establishment of a properly equipped and funded social affairs
centre capable of providing appropriate assistance to persons claiming need.
III. Vulnerable groups and discrimination
10.
International human rights are predicated on the premise that all persons should
enjoy all freedoms and rights without discrimination. In all societies, however, there are
marginalized groups whose enjoyment of rights is compromised in some way, such as
minorities, indigenous peoples, persons with disabilities, women, children, intersex,
transsexual, gay and lesbian persons, or those making life choices that are not mainstream
in the country in which they live. Sustainable Development Goal 10 is aimed at reducing
inequality within countries. Marginalized persons are often vulnerable to discrimination on
multiple grounds; grounds of vulnerability in fact often intersect to create a particular
disadvantage for an individual. This can be problematic for legislation predicated on a
single ground, without cognisance of the aggravated disadvantages suffered owing to
multiple grounds. Discrimination on any ground is a legitimate concern when promoting
human rights in an equitable, fair society. It is a tool that can be used to limit the enjoyment
of human rights by individuals and groups within society. International law clearly states
that rights and freedoms should be enjoyed without distinction of any kind, including on the
grounds of race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth, sexual orientation, gender identity, disability or other status. The
Government of Cambodia has voluntarily agreed to be bound by many international treaties
that enshrine this principle.5
A.
Indigenous peoples
11.
Cambodia is home to some 455 indigenous communities, which identify themselves
in 24 groups, numbering approximately 179,000 people (1.34 per cent of the population).
The communities are often isolated geographically, a fact that poses infrastructure
challenges for the Government when providing such essential services as health care and
education. The Government voted in favour of the United Nations Declaration on the
Rights of Indigenous Peoples, and adopted a national policy on the development of
indigenous peoples in 2009. Various ministries have specific plans of action and policies
regarding indigenous peoples. The Special Rapporteur was indeed struck by the high level
of awareness of indigenous rights among government ministers and, at the provincial level,
by the governor in Stung Treng province. Transforming good intentions into positive action
can, however, be fraught with challenges. Of particular importance is the need to engage
effectively with indigenous peoples. In 2014, the Special Rapporteur on the rights of
indigenous peoples observed that involving indigenous peoples at the outset in planning
would go a long way in speeding up implementation and avoiding conflicts about how
implementation is carried out, even though it was a step often overlooked (A/HRC/27/52,
para. 19). Adhering to this advice could obviate many current problems, ensuring a voice
for indigenous people and greater “buy-in” to government policies. A holistic approach is
5
4
The Special Rapporteur points out that, during her first mission, the Government highlighted issues
relating to persons of Vietnamese ethnicity. See CCPR/C/KHM/CO/2, para 8.
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