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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