A/HRC/45/51
devices. They may also be expected to carry out unpaid care work in place of distance
education. The Special Rapporteur takes note of the detailed response of the Government,
including details on the planned reopening of school facilities and resumption of in-person
instruction.
54.
The Government introduced a number of limitations of the freedom of movement, the
freedom of assembly and association, and the freedom of religious practice in community
with others, in order to reduce community transmission and spread of COVID-19. Khmer
New Year celebrations in April were cancelled and travel was restricted for several days. The
Ministry of Health proscribed other gatherings, including large religious gatherings. The
Special Rapporteur notes that such restrictions on the enjoyment of human rights may be
permissible in certain circumstances, in particular if they are proportionate to the risk and
only to the extent necessary to achieve the public health objective.
55.
In April 2019, the Cambodian Senate passed a law on the management of the nation
in a state of emergency, which builds on relevant provisions of the Constitution, in particular
article 22. In a statement on 17 April 2020, the Special Rapporteur, joined by several mandate
holders, stated that the now enacted law may be used to further restrict the right to freedom
of expression, the right to freedom of association and peaceful assembly, and the right to
movement, as provided in the International Covenant on Civil and Political Rights. 49 They
also expressed concern in relation to the broadly worded language on powers and penalty,
including prison terms of up to 10 years for those found in violation of the law. 50 The
Government response sought to clarify that the powers would be invoked only in a situation
necessitating additional measures with a desperate need for safeguarding and maintaining
security and public order to protect people’s lives, public health, public interest and the
property of Cambodians as a whole. 51 The Special Rapporteur notes that the COVID-19
pandemic has not proven to reach this threshold.
56.
Should the Government at any point declare a state of emergency, it must notify any
derogations from rights enshrined in ratified treaties in accordance with the relevant
international law.52 Cambodia has intimated no such derogation from rights and freedoms
protected. All rights and freedoms remain fully applicable. The law on the management of
the nation in a state of emergency remains in abeyance.
57.
By late May 2020, Cambodia began easing restrictions on travel to the country. It is
implementing a testing system for those arriving in the country and a 14-day quarantine
requirement. The Special Rapporteur calls upon the Government to plan carefully, in order
to ensure that any quarantine measures do not constitute arbitrary detention and that people’s
safety and security is guaranteed. It is also necessary to ensure that those in quarantine are
provided with basic essentials, including food, water and medicine.
B.
Right to the highest attainable standard of health
58.
Cambodia has made considerable progress in advancing the right of all Cambodians
to the highest attainable standard of physical health. The Ministry of Health has a health
strategic plan and a health information system plan, and it has been working towards
enhancing the quality and provision of health care in the country, including community
services for those with drug dependency issues.53 However, there remains a need for more
progress before all Cambodians can benefit from the right to the highest attainable standard
of physical and mental health.
59.
There was a coordinated Government response to the perceived public health threat
from the coronavirus. However, the Special Rapporteur received information that public
health measures were not equally accessible to the most vulnerable populations, including
49
50
51
52
53
12
OHCHR, communication OL KHM 1/2020, dated 9 April 2020. Available at
https://spcommreports.ohchr.org.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25801&LangID.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35228 (para. 8).
See, for example, CCPR/C/128/2.
A/HRC/39/73.
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