A/HRC/42/60/Add.1
67.
Land rights also have a marked gender dimension, with women especially vulnerable
when land disputes arise. Land rights and security for small farmers is a particular issue.
68.
In the CSDG Framework, the Royal Government notes that Millennium Development
Goal 3(b) on empowering women in decision-making is ‘unfinished business’.109 The Special
Rapporteur notes that the Government has localised SDG5.5 with three indicators monitoring
the proportion of seats held by women in legislative institutions (5.5.1), proportion of female
civil servants holding management positions (5.5.2) and the proportion of women in
commune/sangkat council positions (5.5.3). With respect to the latter, the Special Rapporteur
recalls that this is entirely within the power of the governing party who claimed virtually all
the seats then held by the former CNRP in November 2017 in line with changes to laws fasttracked whilst the Supreme Court was seized of the case against that party. Whilst there was
a small increase in the number of women overall, the numbers are far from equal. The Special
Rapporteur notes that she has been introduced to new female under secretaries of state and
secretaries of state in recent missions, a modest increase in female senior civil servant
appointments.
69.
The United Nations Country Team expressed concern that the Law on the Prevention
of Domestic Violence and the Protection of Victims had resulted in a limited number of
protection orders for victims and a lack of prosecutions. In 2019 additional legal support for
women and girls subjected to violence was introduced. A lack of gender sensitivity among
law enforcement and judicial personnel when dealing with victims of sexual assaults and
crimes had resulted in a culture of silence and very few cases reached the courts. 110
70.
The Human Rights Committee has expressed concern at discriminatory marriage laws
and directives, recommending that Cambodia repeal provisions that discriminated on the
basis of sex, age and income regarding marriage.111
H.
Cambodian laws, policies and strategies
71.
Cambodia currently has no specific law on non-discrimination or promoting equality.
This does not mean that non-discrimination and equality laws are absent. Indeed the concept
of non-discrimination is embedded in the Cambodian Constitution. Article 31 provides that
‘Khmer citizens shall be equal before the law, enjoying the same rights and freedoms and
obligations regardless of race, colour, sex, language, religious belief, political tendency,
national origin, social status, wealth or other status’. Other constitutional provisions
emphasise equality of men and women112 and prohibit discrimination against women.113 As
outlined above, many policies and strategies focus on protecting identified marginalised,
vulnerable or disadvantaged groups in society.
72.
In his foreword to the CSDG framework (2016-2030), Samdech Techo Prime Minister
noted that the CSDGs are ‘fully embedded in the Government’s long term agenda to deliver
a prosperous, socially cohesive, educationally advanced and culturally vibrant Cambodia,
without poverty, one where all Cambodians live in harmony’. 114
73.
There is work to be done but with political will and full resources directed towards
the SDGs including through the CSDGS, Rectangular Strategy and National Social
Development Plan, poverty can be combatted and steps taken to limit the likelihood of people
being left behind in Cambodia.
109
110
111
112
113
114
Cambodian Sustainable Development Goals Framework (2016-2030) p15.
United Nations Country Team submission, Available
https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRKHUNContributionsS32.aspx ,para. 61.
CCPR/C/KHM/CO/2, para. 23.
Articles 34, 36 and 43.
Article 45.
CSDG Framework (2016-2030), pii.
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