CAMBODIA – Joint Civil Society Report with CCPR Centre
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CAMBODIA – Joint Civil Society Report with CCPR Centre CAMBODIA Civil Society Report on the Implementation of the ICCPR (Replies to the List of Issues CCPR/C/KHM/Q/2) To be submitted for the Review of the Second Periodic Report of CAMBODIA (CCPR/C/KHM/2) At the 113th session of the Human Rights Committee (Geneva – March 2015) Coordinated by the Cambodian Human Rights Action Committee Phnom Penh, 20 February 2015 With the support of : CAMBODIA – Joint Civil Society Report with CCPR Centre Table of Contents Table of Contents ................................................................................................................................... 1 I. Introduction ........................................................................................................................................ 2 a. Joining organisations ................................................................................................................ 2 b. Methodology ............................................................................................................................. 4 c. Abbreviations and Acronyms ................................................................................................... 5 d. Contact details .......................................................................................................................... 7 II. Replies of Civil Society to the Issues identified in the LoI ............................................................ 8 a. Constitutional and legal framework within which the Covenant is implemented (art. 2) .... 8 b. Non-discrimination and equality (arts. 2, para 1; 3; 26 and 27) ......................................... 12 c. Violence against women (arts. 3 and 7) .............................................................................. 22 d. Right to life and prohibition of torture and cruel, inhuman or degrading treatment or punishment (arts. 2, para. 3; 6 ; 7 and 21) ........................................................................... 25 e. Liberty and security of the person and treatment of prisoners (arts. 7, 9 and 10) .............. 35 f. Prohibition of slavery and forced labour (art. 8) ................................................................. 42 g. Right to a fair trial, equality before the law, remedies and administration of justice (arts. 7, 14 and 26) .............................................................................................................. 46 h. Freedoms of expression and association and right to peaceful assembly (arts. 19, 21 and 22) ................................................................................................................................. 55 i. Right to marriage and equality of the spouses (art. 23) ...................................................... 64 j. Rights of the child (arts. 7 and 24) ...................................................................................... 67 k. Participation in public affairs (art. 25) ................................................................................ 74 l. Statelessness (arts. 2, 24 and 26) ......................................................................................... 77 m. Rights of persons belonging to minorities (art. 27) ............................................................ 80 III. Additional Information ................................................................................................................. 83 n. Access to Information – Additional Submission by the Advocacy and Policy Institute .... 83 Appendix 1 ............................................................................................................................................ 85 Recommendation from Indigenous Community Support Orgniasation Regarding Human Rights Situation of Indigenous Peoples in Cambodia ............................................ 85 CAMBODIA – Joint Civil Society Report with CCPR Centre I. Introduction a. Joining organisations The Cambodian Human Rights Action Committee has prepared and coordinated the following joint report with the following partner organisations: The Advocacy and Policy Institute (API) API is a Cambodian non-profit and non-governmental organisation that has a mission to serve the long-term democratic and social development needs of Cambodia through the provision of services in the areas of advocacy and policy development. API has helped institutionalise advocacy skills and strategies into both partner and non-partner organisations by conducting 86 advocacy training courses for 1,078 participants from civil society organisations, community-based organisations, commune councils, international organisations, media, trade unions, government’s institutions and the Cambodian Parliament. Cambodian Center for Independent Media (CCIM) CCIM is Cambodia’s only independent, Khmer-language news network, committed to furthering the rights of free expression and press freedom through media, advocacy and community-level projects. CCIM was established in June 2007 and registered with the Ministry of Interior as a non- governmental organisation. CCIM is the legal entity of VOD Radio, which originally began airing in January 2003 under the supervision of the Cambodian Center for Human Rights (CCHR). CCIM began operating its own radio station, Sarika FM, in October 2008, bringing educational and informative programs to the Cambodian airwaves. At the end of the first quarter of 2009, CCIM began operating another radio station in Siem Reap, and by 2009, Sarika FM had a combined coverage area of 14 out of 24 provinces and municipalities, with a potential listenership of 8.5 million of Cambodia’s total 14 million population. CCIM has brought about the cooperation of numerous international NGOs, local NGOs, networks companies, and community based organisations in order to effectively build an independent media network in Cambodia. The Cambodian Center for the Protection of Child Rights (CCPCR) CCPCR was one of the first local NGOs to address the issue of child protection by focusing on under 18 years-old girls in sexually exploitive situations in Cambodia. Founded as a not-for-profit NGO in November 1994 by a group of Cambodian professionals highly committed to the welfare of Cambodian children, CCPCR commenced operations in March 1995 and its Statute (Charter) was approved by the Ministry of Interior on Feb 27th 1997. For almost twenty years, CCPCR has been conceptualising and implementing activities focused on the prevention and protection of children from abuse, advocacy of children’s rights, recovery and rehabilitation of children and young adults in abusive situations, reintegration and follow-up. Housing Rights Task Force (HRTF) HRTF was established in early 2003. HRTF brought together a diverse group of international and national NGOs united in their efforts to defend the housing rights of the urban poor in Phnom Penh. HRTF’s mission is to prevent forced evictions and housing rights violations, and to promote the development and full enjoyment of housing rights for all Cambodians. Indigenous Community Support Organisation (ICSO) ICSO is a local Cambodian not-for-profit, non-governmental, non-partisan association established in July 2006 to serve the public benefit. ICSO works at supporting, strengthening, and improving the capacity of indigenous community organisations and groups to participate in the protection of the rights and in the management of natural, cultural and traditional resources to empower the indigenous communities/groups on right based approach through community organising and networking in four districts of Ratanakiri. Legal Aid Cambodia (LAC) LAC is a non-governmental, independent, Khmer-administered, non-profit and non-political organisation founded in 1995. LAC’s mission is to provide free, quality legal services to and advocate for Cambodia’s poor in both criminal and civil cases. LAC is one of the few non-governmental legal aid organisations in Cambodia to maintain a significant, permanent presence in rural Cambodia where 80% of the population resides. LAC maintains offices in ten different locations. The head office in Phnom Penh also includes three specialised programs: the Child Justice Program, the Land Law Program, and the Women’s Justice Program. LAC is supported by donors from the international community based inside and outside of the country. Legal Support for Children and Women (LSCW) Since its formal establishment on 2nd July 2002, LSCW has provided prevention strategies, advocacy, legal advice and support for victims of domestic violence, rape, labour and sexual exploitation. LSCW organise workshops and emphasise to the people most often targeted for human trafficking, what their rights are. Migrants are a large percentage of those targeted, thus they are part of the two main programs LSCW provides; Legal and Safe Migration and Legal Aid. From its main office in Phnom Penh and provincial office in Kampot LSCW strives to combat the void between legislation and implementation against trafficking, domestic violence, rape, labour and sexual exploitation to protect Cambodian women, children and men. The NGO Forum on Cambodia (NGO Forum) NGO Forum on Cambodia works to improve life for poor and vulnerable people in Cambodia. It is a membership organisation that builds NGO cooperation and capacity, supporting NGO networks and other civil society organisations to engage in policy dialogue, debate and advocacy. The goal of NGO Forum is that the rights of the poor and vulnerable