A/HRC/39/73
treatment of women victims by law enforcement officials, including in cases of rape,
assault and murder;
(b)
Implementation of the Law on Peaceful Demonstrations has been impeded by
the Ministry of Interior instruction of October 2017, referred to above. Irrespective of the
intention, the instruction is being applied as if it were an approval process and a restriction
on peaceful gathering, trainings and meetings. There are no such provisions under the Law
on Associations and Non-Governmental Organizations or the Trade Union Law;
(c)
Provisions of the Criminal Code are being used to inhibit freedom of
expression and debate, including provisions on conspiracy. Amendments to the
Constitution and the Criminal Code made in February 2018 use broad terminology and
need more precise language to meet international standards and avoid the risks to freedom
of speech. Areas of concern include the lèse-majesté provisions and requirement for parties
and individuals to “primarily uphold the national interest” and oppose “interference from
abroad”;
(d)
Sixteen courts of first instance have installed the criminal case database.
However, there has been no progress on publishing decisions or on developing draft
guidelines on evidentiary requirements. The Cambodia Office of the United Nations High
Commissioner for Human Rights (OHCHR), the Ministry of Justice and the Supreme
Council of the Magistracy organized two regional trainings for judges focusing on legal
reasoning for decisions on pretrial detention;
(e)
People continue to be held involuntarily in “drop-in” centres, including the
Prey Speu Centre. However, the number of persons held in detention centres in connection
with alleged use of drug substances continues to increase. New facilities being built in
Kandal Province to rehabilitate persons with psychosocial disabilities have not yet opened.
IV. Vulnerable groups and discrimination
15.
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. Sustainable
Development Goal 10 is aimed at reducing inequality within and between countries.
International law is clear 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. In her reports (A/HRC/33/62 and A/HRC/36/61), the Special
Rapporteur has considered the situation of indigenous peoples, women, prisoners, persons
in street situations, minorities and children. In August 2017, her mission had a subfocus on
vulnerable children (in institutions and trafficked). In this section the Special Rapporteur
provides findings and updates on vulnerable groups in Cambodia. Considering
marginalized groups is especially important as the Government is in the process of
finalizing its localization plan for the Sustainable Development Goals to ensure that no one
in Cambodia is left behind.
A.
Children
16.
Cambodia has a growing population of young people and an ever-more-mobile
population. Children are inherently vulnerable, especially when young, and often suffer
multiple disadvantages as facets of marginalization intersect. The interdependency and
interrelatedness of rights means that children’s enjoyment of rights is often linked to that of
their primary caregiver. Consequently, children whose parents are at risk of being left
behind are themselves particularly vulnerable. Cambodia has ratified the Convention on the
Rights of the Child, and its combined fourth to sixth periodic reports, due on 13 May 2018,
is pending submission to the Committee on the Rights of the Child.
17.
Education is especially relevant to children and to their development. Previous
reports (A/HRC/30/58 and A/HRC/27/70) have addressed progress in education. Education
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