A/HRC/42/60/Add.1
conditions must meet international human rights standards. A new centre in Kandal province
opened in July 2019 as a centre for persons with mental health conditions. As with Prey Speu,
those with independent capacity should be allowed to leave at will. 63 It should be recalled
that the Committee on the Rights of Persons with Disabilities has made clear that persons
with disabilities cannot be detained on account of their disability. Rather the Convention
highlights a ‘shift from the substitute decision-making paradigm to one that is based on
supported decision making.64 Persons with disabilities must be engaged in any decisionmaking process affecting them and cannot be forced into treatment against their will. 65 The
Special Rapporteur also expresses concern that many persons who may be relocated here will
find themselves far from home and the community into which the government wishes to
reintegrate them. Isolation and segregation is not acceptable in terms of international human
rights. Efforts to reintegrate all persons into their communities and villages is welcomed and
efforts to support persons with disabilities should be supported.
41.
The Government is reminded of the 2017 Human Rights Council resolution on Mental
Health and Human Rights which urges states to fully integrate a human rights perspective
into mental health and community services, and to adopt, implement, update, strengthen and
monitor existing laws, policies and practices to eliminate inter alia social exclusion and
segregation.66 Those with mental health conditions and psychosocial disabilities should be
supported to full inclusion and effective participation in society on an equal basis with others.
Linking to the CSDGs, 3.5 aims at promoting mental health and wellbeing, defined by the
number of adults with depression receiving treatment. Whilst positive, this is narrower than
could be suggested by the National Development Plan which noted Goal 1.13 of expanding
coverage of primary and complementary mental health and mental-related illness services
including addictive substance treatment services. The Special Rapporteur learned in May
2019 of the increase in the number of qualified psychiatrists in Cambodia and she was
informed in both November 2018 and May 2019 of the investment and expansion in the
number of people trained to support persons with addictions and psychosocial disabilities
throughout the country. It is unfortunate that no indicators were chosen on these matters to
highlight the government investment and progress being made.
42.
Evidence received suggests that many persons with disabilities work in the informal
sector; some find themselves in street situations. Many elements of the 2015
recommendations on the National Conference on Persons in Street Situations still require
implementation. These include adequate social housing (SDG11; CSDG 11.1;67 11.2), social
support for persons with psychosocial disabilities including day centre and night shelter, both
with free, full and informed consent to access the facilities provided, and legal and social
support for entertainment workers who, like children living and working on the street, are
especially vulnerable. The Government is encouraged to continue seeking holistic supportive
measures to support persons in street situations, especially those with disabilities. Access to
financial support, including through the National Social Security Fund, can be limited. Risks
of abuse and violence are increased and likelihood of reporting reduced.
C.
Indigenous Peoples
43.
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 healthcare 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. 68
Indeed, the Special Rapporteur noted the high level of awareness of the Minister and indeed
63
64
65
66
67
68
A/HRC/36/61, 27 July 2017, para. 15.
CRPD/C/GC/1, para 3.
CRPD/C/GC/1, para 7.
A/HRC/36/L.25, para 5.
The National Housing Policy seeks to ensure poor people can live in safety, welfare and dignity
A/HRC/33/62, 5 September 2016, para. 11.
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