A/HRC/39/73
several of the targets of the Sustainable Development Goals, including reducing poverty
(target 1.2), implementing nationally appropriate social protection systems (target 1.3) and
promoting social, economic and political inclusion of all (target 10.2). It is of primary
importance that programmes prioritize the best interest of the child.
25.
There is no comprehensive network of government social workers in Cambodia.
Ideally, there should be at least one social worker per commune, supported by a team of
social workers at the district level. Much child protection and rehabilitation work is
undertaken by social workers funded by NGOs and by United Nations agencies. The
Special Rapporteur encourages the Government, in furtherance of the National Social
Protection Policy Framework 2016−2025, to consider actively recognizing, promoting and
supporting social work education and career opportunities. Trained social workers can work
with the commune committees for women and children in the communes to better protect
children and other vulnerable people.
26.
The Ministers of Justice and of Social Affairs, Veterans and Youth Rehabilitation
continue to work on the joint implementation of the Law on Juvenile Justice promulgated in
2016. The Special Rapporteur welcomes this law but reminds the Government that it must
take care to ensure that it implements the law in compliance with the Convention on the
Rights of the Child and related guidelines. It is necessary to fully resource the new juvenile
justice system, including the new centres for rehabilitation, which must conform to the
relevant United Nations standards such as the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice (the Beijing Rules).
27.
There have been reports of delays in accurately ascertaining the ages of juveniles
following arrest to determine whether they are below or above the minimum age of
criminal responsibility ⸻ or indeed whether they are juveniles or young adults. With
respect to children who are witnesses and victims of crimes, the Special Rapporteur has
received information that few courts have the necessary screens and audiovisual facilities to
permit remote testimony. Children therefore risk further exposure to the alleged perpetrator
and revictimization.
28.
The Special Rapporteur remains concerned that security forces and families are
taking juveniles to drop-in and rehabilitation centres, as well as to residential care
institutions. While this can be a consequence of the anti-drug campaign, there are worrying
reports that children with serious disabilities are being detained in these facilities although
they have no history of drug or substance dependency. This situation emphasizes the need
for comprehensive social and child protection systems in Cambodia and appropriately
trained social workers in all communes. However, it also raises issues of comprehensive
support for children with disabilities and their families.
29.
It is hoped that the Government will embed a child rights-based approach in all
matters related to children. Children in street situations and in institutional settings,
unaccompanied migrant children and trafficked children are especially vulnerable and
require a holistic approach to their safety and well-being. The rehabilitation and
reintegration into communities of juvenile drug and substance users with dependency
problems and convicted juveniles must be subject to careful management and ongoing
support to ensure genuine rehabilitation and reintegration. It is necessary to ensure adequate
awareness-raising on children’s rights and the Law on Juvenile Justice among all law
enforcement officials and judicial officers.
B.
Indigenous peoples
30.
The Special Rapporteur is pleased to note that the Ministry of Education, Youth and
Sports continues to enhance education provision, including bilingual education for
indigenous peoples. The Special Rapporteur observed an awareness across ministries that
indigenous peoples are still being left behind. She notes that specific attention to ensuring
the rights of indigenous peoples in all action plans and cross-ministerial operations should
contribute to a more holistic response to issues affecting the rights of indigenous peoples.
7
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