A/HRC/42/60/Add.1
UNICEF Ministry of Social Affairs, Veterans and Youth Rehabilitation’ action plan on safely
returning children living in residential care to their families.40 Although the initial target of
thirty percent of children returned by 2019 will not be met, the Special Rapporteur supports
the need for great care to ensure children are safely returned to their communities though
highlights the advantage that comprehensive network of government social workers could
offer this programme. 41
29.
The Human Rights Committee was concerned about the absence of a juvenile justice
system and the fact that children were often subject to the same procedures as adults as well
as the failure to ensure that minors were detained separately from adults. It recommended
that Cambodia take measures to establish a comprehensive juvenile justice system in order
to ensure that juveniles were treated in a manner commensurate with their age. 42 This has
been in part addressed with the adoption of the Juvenile Justice Law. Both the Ministry of
Justice and the Ministry of Social Affairs, Veterans and Youth Rehabilitation are actively
involved with UNICEF Cambodia supporting. Nevertheless more intensified efforts are
required, including training law enforcement personnel and court officials. 43 Whilst the
Special Rapporteur welcomes the December 2018 Juvenile Justice Law Strategic and
Operational Plan,44 child-centred justice is yet to become a reality.
30.
Contrary to the provisions in the Labour Law and related Prakas, almost a fifth of
children between five and seventeen are economically active. 45 Child labour brings particular
challenges for education as UNESCO noted in its submission for UPR3 in 2019.46 The
Special Rapporteur received information on child labour in brick factories. In one report, all
of the children interviewed individually said that they work in some capacity at the brick
factories where they live with their parents.47 Another report identifies the detrimental impact
of Cambodia’s urban construction boom and demand for bricks. 48
31.
Children also work in the informal sector, including in street situations. As the Special
Rapporteur noted, 49 many children are left behind quite literally when parents seek work in
the city or overseas,50 often suffering abuse, turning to drug and substance use, or ending up
in street situations. The Human Rights Committee has also expressed concern about reports
of arbitrary arrest and detention of homeless people, beggars, people who use drugs, children
in street situations and sex workers in “social affairs”, youth rehabilitation and drug
rehabilitation centres51 and recommended that the state party should take all measures
necessary to put an end to these practices.
40
41
42
43
44
45
46
47
48
49
50
51
10
(including three minors and one US national) were arrested on grounds of assault against minors
under fifteen years.
Partnership Programme for the Protection of Children, see A/HRC/36/61, para 40; A/HRC/39/73,
para 23.
A/HRC/39/73, para 25; see also Joint UNCT Cambodia Report in the context of Cambodia’s third
UPR cycle, https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRKHUNContributionsS32.aspx ,
para 59.
CCPR/C/KHM/CO/2, 27 April 2015, para. 15.
A/HRC/39/73, paras 26-27.
Available from https://www.unicef.org/cambodia/reports/juvenile-justice-law-strategic-andoperational-plan-ijlsop.
United Nations Joint UNCT Cambodia Report in the context of Cambodia’s third UPR cycle,
https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRKHUNContributionsS32.aspx , para. 58.
UNESCO has also stated that the magnitude of child labour in the country needed to be addressed and
Cambodia should be encouraged to adopt special and positive measures facilitating their reinsertion
into the education system UNESCO submission, available from
https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRKHUNContributionsS32.aspx , para. 18.
Cambodian League for the Promotion and Defense of Human Rights (LICADHO), BUILT ON
SLAVERY: Debt Bondage and Child Labour in Cambodia’s Brick Factories, https://www.licadhocambodia.org/reports/files/221LICADHO_Built_On_Slavery_Report_ENG.pdf.
Brickell, K. Parsons, L, Natarajan N and Chann S (2018) Blood Bricks: Untold Stories of Modern
Slavery and Climate Change from Cambodia (Royal Holloway, University of London).
A/HRC/39/73, para 22.
Olga Creamer, Mia Jordanwood and Setka Sao, Study on the Impact of Migration on Children in the
Capital and target Provinces, Cambodia, 2017 UNICEF.
CCPR/C/KHM/CO/2, 27 April 2015, para. 16.
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