A/HRC/36/61
further expansive and dramatic improvements were necessary to meet basic human rights
standards. Despite claims by the authorities that those rounded up and brought to the centre
had to remain there for a week to enable arrangements to be made by their families to
collect them, most people who met with the Special Rapporteur had been there for
considerably longer and many claimed they were being held against their will. Such a
situation is consistent neither with the concept of a drop-in centre nor with the law. In the
case of children, persons with mental health concerns, disabilities or long-term health
needs, the authorities must ensure the identity of the person and verify the identity of an
alleged family member wishing to collect him or her. However, those with independent
capacity should be allowed to leave at will.
16.
The Special Rapporteur observed that high numbers of people were crammed into
basic rooms without adequate ventilation and with limited water and sanitation facilities.
Bedding and food was provided. Many of the detainees had health issues, including
HIV/AIDS, drug dependence and mental health or psychosocial conditions. Some women
were pregnant. Several people had disabilities. However, appropriate professional medical
support for those individuals was not available in the centre. For example, there were few
pharmaceutical supplies in the medical unit and a local hospital was used for medical
support. One block housed long-term residents, many of whom had psychosocial or mental
disabilities or other specific health problems. Some of the people had either consented to
living there or were in the centre because they had nowhere else to go.
17.
Many of the detainees claimed they could not maintain contact with their children
and relatives outside; some had been detained as a family unit but had then been separated
in the facility. Many vulnerable people find themselves in street situations and while some
may have infringed laws, for example laws on substance abuse, many have not. Several
children, some accompanied by a parent or other care giver, others not, had also been
detained. During her visit, the Special Rapporteur witnessed some unaccompanied children
being released into the care of a non-governmental organization (NGO) working with street
children. Most persons in the centre were being detained against their will, without a legal
basis, making their detention arbitrary. An urgent, holistic, coordinated interministerial and
multi-agency response is needed and must be adequately resourced to alleviate the
situation. The Special Rapporteur welcomes the reassurances given that there will continue
to be 24-hour access to the centre for the United Nations and NGOs. The establishment of a
proper (and properly resourced) facility that provides the necessary care, services and
assistance to persons in street situations should be prioritized. Its intended beneficiaries
should be able to obtain assistance on a voluntary basis. Expeditious action should be taken
by the Government to implement the recommendations made at the national conference on
persons in street situations held in Phnom Penh in December 2015.
18.
The Special Rapporteur was informed by the Minister of Social Affairs, Veterans
and Youth Rehabilitation of the existence of drug rehabilitation centres and of the planned
facility in Kandal Province for people with psychosocial disabilities. It is hoped that a
holistic response to addressing the real needs of people who are drug dependent or who
have psychosocial disabilities will be taken, to ensure they are supported and, where
appropriate, can be successfully rehabilitated into the community. Target 3.5 of the
Sustainable Development Goals seeks to strengthen the prevention and treatment of
substance abuse, including narcotic drug abuse and harmful use of alcohol, which is
particularly relevant in Cambodia. The creation of a specialized centre for psychosocial
care should be pursued, although only if compliance with human rights standards can be
guaranteed.
19.
The Special Rapporteur recommends that the Government include, in its imminent
strategy for realizing the Sustainable Development Goals, action plans for reducing poverty
(Goal 1), ensuring health and well-being (Goal 3), ensuring full and productive work for all
(Goal 8), addressing food security and clean water (Goals 2 and 6) and reducing
inequalities (Goal 10). As interministerial and multi-agency responses evolve, the number
of people in street situations should decrease. In the interim, their basic human rights and
freedoms should be protected.
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