Distr.

GENERAL

CRC/C/15/Add.128
28 June 2000

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Cambodia.
28/06/2000.

CRC/C/15/Add.128.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-fourth
session

Consideration of Reports
Submitted by States Parties
under Article
44 of the Convention

Concluding observations of
the Committee on the Rights of the Child

Cambodia

1. The Committee considered the initial report
of Cambodia (CRC/C/11/Add.16), submitted on 18 December 1997, at its 629th and
630th meetings (see CRC/C/SR.629-630), held on 24 May 2000, and adopted at the
641st meeting, held on 2 June 2000 the following concluding observations.

A. Introduction

2. The Committee welcomes the submission
of the
State party's initial report, which follows the guidelines for reporting, and of
the written replies to its list of issues (CRC/C/Q/CAM.1). The Committee is
encouraged by the constructive dialogue it had with the State party's delegation
and welcomes the reactions to the suggestions and recommendations made during
the discussion. The Committee also welcomes the presence of a high-ranking
delegation directly involved in the implementation of the Convention which
allowed the Committee to have a full assessment of the situation of the rights
of the child in the State party.

B. Positive aspects

3. The Committee welcomes Cambodia as a State
party to the six major international instruments for the protection of human
rights. The State party's ratification (1999) of the Convention
on the Prohibition of the Use, Stockpiling, Production and Transfer of
Anti-Personnel Mines and on Their Destruction is also welcomed.

4. The Committee welcomes the inclusion by the
State party in its 1993 Constitution (art. 48) the protection of the rights
enshrined in the Convention on the Rights of the Child.

5. The memorandum of understanding signed by the
Government of Cambodia and the Office of the High Commissioner for Human Rights
(1996), which established a programme of technical assistance and advisory
services on human rights, including the rights of child, is welcomed by the
Committee.

6. The Committee welcomes the measures taken by
the State party to combat child labour such as the ratification in 1999 of the
ILO Minimum Age Convention (No. 138) and the signing of a memorandum of
understanding by the Government of Cambodia and ILO/IPEC in 1997.

7. The Committee welcomes the participation of
non-governmental organizations in the preparation of the State party's initial
report as well as in the implementation of the Convention.

C. Factors and difficulties impeding progress in

the implementation of the
Convention

8. The Committee notes with concern that the
State party is facing many difficulties in the implementation of the Convention,
in particular, owing to the legacy of more than 20 years of genocide, armed
conflict and political instability as well as to the isolation suffered by the
State party for many years. The Committee also notes that the State party's very
difficult socio-economic situation is affecting the most vulnerable groups,
including children, and hampers the enjoyment of their rights.

D. Principal areas of concern and
recommendations

1. General measures of implementation

Legislation

9. While aware that the State party's
legislative framework covers several provisions of the Convention and that
efforts have been undertaken to draft new legislation, the Committee remains
concerned that domestic legislation still needs to be reviewed and new laws
enacted to fully respect the Convention. The lack of enforcement of the existing
legislation is also a matter of concern.

10. The Committee recommends that existing laws
be reviewed with a view to bringing them into line with the provisions of the
Convention, in particular with general principles (arts. 2, 3, 6 and 12).
Special attention needs to be paid to the areas of birth registration, family
and alternative care, and juvenile justice. The Committee further recommends
that the State party include children's rights concerns in the current and
future processes of drafting legislation, in particular the draft Civil,
Criminal and Criminal Procedures Codes. In this regard, the Committee encourages
the State party to continue to seek technical assistance from OHCHR and UNICEF,
among others.

Coordination

11. Although the Committee welcomes the
establishment of the Cambodian National Council for Children (CNCC), which is in
charge of coordinating the implementation of the Convention, it expresses its
concern about the Council's ability to carry out its mandate fully in an
effective manner throughout the territory of the State party. In particular,
concern is expressed at the Council's lack of human and financial
resources.

12. The Committee recommends that the State
party take effective measures, including through international cooperation, to
strengthen the role of the Cambodian National Council for Children (CNCC) in
coordinating the implementation of the Convention at the national, regional and
local levels. Greater efforts should be made to provide the CNCC with more
substantial human and financial resources and to establish closer cooperation
and coordination with non-governmental organizations working in the field of
children's rights.

Monitoring

13. The Committee is concerned at the State
party's limited capacity to monitor the implementation of the Convention and at
the absence of an independent mechanism to register and address complaints from
children concerning violations of their rights under the Convention.

14. The Committee recommends that the State
party consider establishing an independent mechanism (e.g. Ombudsperson for
Children) to monitor the implementation of the Convention and to deal with
children's complaints of violations of their rights in a child-friendly and
expeditious manner, and to provide remedies for such violations. The Committee
further suggests that the State party conduct awareness-raising campaigns to
facilitate the effective use by children of the mechanism.

Data collection

15. The Committee welcomes the measures taken by
the State party in the area of data collection, such as the
Education Management Information System and the Health Information System.
Nevertheless, concern is expressed at the lack of a systematic, comprehensive
and disaggregated quantitative and qualitative data collection mechanism for all
areas covered by the Convention, including child abuse and ill-treatment,
children belonging to minority groups, girls, children in rural areas, and child
victims of sale, trafficking and prostitution.

16. The Committee recommends that the State
party continue with the development and strengthening of its data collection
system, with a view to including all areas covered by the Convention. Such a
system should include all children under 18 years of age and specifically
emphasize vulnerable groups of children as a basis for assessing progress
achieved in the realization of children's rights and be used to help design
policies for better implementation of the provisions of the Convention. In this
regard, the Committee encourages the State party to seek international
assistance from UNICEF, among others.

Budgetary allocations

17. While the Committee is aware that most of
the State party's infrastructure and social services were destroyed as a result
of decades of war, it expresses its concern at the
insufficient attention paid to the provisions of article 4 of the Convention
concerning budgetary allocations to the "maximum extent of … available
resources".

18. The Committee recommends that the State
party give priority to ensuring that the maximum available resources are
allocated to health, education and social services for children and that
particular attention is paid to the protection of children belonging to
vulnerable and marginalized groups. In this regard, the Committee encourages the
State party to continue and foster open cooperation with the international
community, in particular within the coordinated framework of the donors'
Consultative Group on Cambodia.

Dissemination of the Convention

19. While aware of the measures undertaken to
promote widespread awareness of the principles and provisions of the Convention,
such as the inclusion of the Convention in school curricula, the Committee is of
the opinion that these measures need to be strengthened.

20. The Committee recommends that the State
party strengthen its efforts to disseminate the principles and provisions of the
Convention in order to sensitize society about children's rights. Special
emphasis should be placed on the dissemination of the Convention among minority
groups as well as in rural and remote areas. The Committee encourages the State
party to consider seeking technical assistance in this area from UNICEF and
OHCHR, among others.

Training for professionals

21. The Committee welcomes the State party's
efforts, in cooperation with OHCHR and UNICEF, in providing training for
professionals working with and for children.
Nevertheless, the Committee is of the
opinion that current programmes need to be developed further in order to reach
all groups of professionals.

22.
The Committee encourages the State party to
continue to undertake systematic education and training programmes on the
provisions of the Convention for all professional groups working for and with
children, in particular parliamentarians, judges, lawyers, law enforcement
officials, civil servants, municipal workers, personnel working in institutions
and places of detention for children, teachers, health personnel, including
psychologists, and social workers. Technical assistance from OHCHR and UNICEF,
among others, could continue to be requested in this regard.

2. Definition of the child

23. The Committee is concerned at the lack of a
clear legal definition of the child in the State party's
legislation. In particular, concern is expressed at the lack of
minimum legal ages of sexual consent and of criminal responsibility.

24.
In light of the principles and provisions of
the Convention, the Committee recommends that the State party include in its
legislation a definition of the child. The Committee further recommends that the
State party take into consideration, in the process of drafting its new
legislation, the incorporation of minimum ages of criminal responsibility and
sexual consent. Furthermore, the Committee recommends that the State party
enforce the law on minimum age for marriage.

3. General principles

25. The Committee is concerned that the measures
adopted to incorporate the general principles of the Convention in the State
party's domestic legislation are insufficient.

26. The Committee recommends that the general
principles of the Convention (i.e. non-discrimination (art. 2), the best
interests of the child (art. 3), the right to life, survival and development
(art. 6) and the respect for the views of the child (art. 12)) be included in
all relevant legislation affecting children and taken into account in all
administrative and judicial decisions, as well as in all policies and programmes
related to children. Awareness-raising among the public at large, including
community and religious leaders, as well as educational programmes on the
implementation of these principles should be reinforced in order to change
traditional perceptions regarding children as objects and not as subjects of
rights.

Non-discrimination

27. With regard to article 2 of the Convention,
the Committee expresses its concern at the existing patterns of discrimination
on the grounds of gender, ethnic origin, HIV/AIDS status and
disability. In particular, concern is expressed that the State
party's Constitution refers only to the rights of Khmer citizens.

28. The Committee recommends that the State
party ensure that all the rights enshrined in the Convention are enjoyed by all
children, without any distinction. The Committee further recommends that the
State party take effective measures to eliminate discrimination against girls,
in particular with regard to their access to education. Efforts need to be made
to eliminate discrimination against children living and/or working on the
streets and children belonging to minority groups, especially of Vietnamese
origin. Furthermore, the Committee endorses the recommendations made to the
State party by the Human Rights Committee in 1999 (CCPR/C/79/Add.108, para. 17)
and by the Committee on the Elimination of Racial Discrimination in 1998
(CERD/C/304/Add.54, paras. 11-13) in this regard.

4. Civil
rights and freedoms

Birth registration

29. With regard to the implementation of article
7 of the Convention, the Committee expresses its concern that birth registration
is not compulsory and consequently not all children are registered at birth.

30. The Committee recommends that the State
party review its domestic legislation in accordance with the principles and
provisions of the Convention, with a view to making birth registration
compulsory for all children, without any type of discrimination. Children of
non-Khmer citizens, regardless of their legal status, or refugees, when born in
Cambodia, should always be registered at birth even if they are not entitled to
Cambodian nationality. The Committee further recommends that the State party
undertake effective measures to enforce the existing sub-decrees related to the
Resident Book (No. 73) and the Family Book (No. 74), both of 1997, in particular
to ensure that all children who were not registered at birth are registered. In
addition, the Committee recommends that the State party conduct
awareness-raising campaigns to encourage the registration of all children at
birth. The Committee encourages the State party to consider seeking
international cooperation from UNICEF and other international organizations to
this end.

Nationality

31. The Committee is concerned that the State
party's Law on Nationality (1996) might lead to discrimination against children
of non-Khmer origin and might, in violation of article 7 of the Convention,
leave as stateless a large number of children born in Cambodia, such as children
belonging to minority groups.

32. The Committee recommends that the State
party's Law on Nationality be reviewed in the light of the Convention with a
view to eliminating all grounds of possible discrimination and eradicating and
preventing children being stateless.

Participatory rights of children

33. With regard to children's participatory
rights, concern is expressed at the insufficiency of the measures undertaken by
the State party to promote the participation of children in the family, the
community, the schools and other social institutions, as well as to ensure the
effective enjoyment of their fundamental freedoms, including freedom of opinion,
expression and association.

34. In light of articles 12-17 of the
Convention, the Committee recommends that further measures, including
legislation reform, be undertaken to promote the participation of children in
the family, the school and other institutions, as well as to ensure the
effective enjoyment of their fundamental freedoms, including the freedoms of
opinion, expression and association. Public awareness of the participatory
rights of children needs to be increased in families, communities, institutions
and schools.

Access to appropriate information

35. The Committee is concerned at the lack of
legislation to protect children from harmful information and material injurious
to their well-being and development, as well as to guarantee their access to
appropriate information.

36. In light of article 17 of the Convention,
the Committee recommends that the State party enact special legislation to
protect children from harmful information, in particular from television
programmes and films containing brutal violence and pornography, and to
guarantee their access to appropriate information. The Committee further
recommends that the State party take into consideration the Committee's
recommendations during its day of general discussion (1996) on the child and the
media (CRC/C/57).

5. Family environment and alternative
care

Children deprived of their family environment

37. The Committee is concerned that children
tend to be placed in child welfare centres or children's homes rather than in
foster care or adopted; at the lack of regulations for the operation of such
centres; and at the increasing number of orphans owing to the HIV/AIDS epidemic
and the limited measures available to cope with this situation.

38. The Committee recommends that the State
party undertake effective measures to promote, through counselling
and community-based programmes, the family as the best environment for the child
and to empower parents to take care of their children in order to avoid
placement in child welfare centres.

39. The Committee recommends that the State
party develop policies and regulations regarding children's institutions and
other forms of alternative care. Social services need to be strengthened and
expanded to cover a larger number of children, in particular children orphaned
by the HIV/AIDS epidemic, and alternative forms of care, such as foster
families, need to be developed. The Committee further recommends that sufficient
financial and human resources be allocated for these purposes. International
technical and financial assistance in this regard is also recommended.

Adoption

40. While noting the State party's efforts in
drafting a new intercountry adoption law that accords with the Convention and
the Hague Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption of 1993, the Committee remains concerned that the existing
legislation on domestic adoption is not in accordance with the Convention and
that existing adoption procedures are usually not respected and are reported to
be marked by corruption and abuse.
Concern is also expressed at the prevalence
of illegal informal adoption.

41. The Committee encourages the State party to
continue with the process of enacting its legislation on intercountry adoption
and to undertake legislative reform of the existing legislation on domestic
adoption. In this regard, the Committee takes note of the State party's
willingness to consider accession to the Hague Convention on Protection of
Children and Cooperation in Respect of Intercountry Adoption of 1993 and
encourages it to do so. Furthermore, the Committee recommends that the State
party strengthen the adoption bureau. International assistance could be sought
from UNICEF, among others, in that regard.

Child abuse and ill-treatment

42. Concern is expressed at the insufficient
awareness of the scope and harmful consequences of mistreatment and abuse of
children, including sexual abuse, both within and outside the family; the
insufficient resources, both financial and human, to prevent and combat child
abuse; and the insufficient care and rehabilitation measures, including
facilities available for child victims of abuse.

43. In light of articles 19 and 39 of the
Convention, among others, the Committee recommends that the State party take
effective measures, including setting up multidisciplinary programmes and care
and rehabilitation measures, to prevent and combat child abuse and ill-treatment
of children within the family, at school and other institutions, and in society
at large. It suggests, inter
alia, that law enforcement should be
strengthened with respect to such crimes; adequate child-friendly procedures and
mechanisms to deal with complaints of child abuse should be reinforced in order
to provide children with prompt access to justice and to avoid impunity for the
offenders. Furthermore, educational programmes should be established to combat
traditional attitudes within society regarding this issue. The Committee
encourages the State party to consider seeking international cooperation
from UNICEF and international
non-governmental organizations to this effect.

6. Basic health and welfare

Right to survival and development

44. The Committee welcomes the international
cooperation initiative "Strengthening Health Systems" between the Ministry of
Health and several United Nations agencies (WHO, UNICEF, UNDP and UNFPA), which
aims at rebuilding the Government's capacity in the development of a national
programme for immunization, in particular against polio. Nevertheless,
concern is expressed that the State party's infant mortality and under-five
mortality rates remain among the highest in the region. Child malnutrition is
also an area of concern.

45. The Committee recommends that the State
party address the issue of childhood morbidity and mortality by taking a
multisectoral approach recognizing the critical role of illiteracy, lack of
clean water supplies and food insecurity in the current pattern of childhood
illnesses. Priority areas must be identified on the basis of baseline data
collected by careful and comprehensive research. Such a strategy must take into
account that most health care takes place outside health facilities and outside
State control; it must also recognize the needs of particularly isolated
communities. In addition, the Committee recommends that measures be put in place
for establishing an efficient primary health-care sector, including strategies
to encourage care-seeking for childhood illnesses. In this regard, the Committee
encourages the State party to continue working in cooperation with international
agencies.

Children affected or infected by
HIV/AIDS

46. While aware of the measures taken by the
State party for the prevention of HIV/AIDS and the care of infected persons, the
Committee expresses its deep concern that the State party has the fastest
growing rate of HIV/AIDS infection in the region and that children are among the
most affected groups, in particular due to mother-to-child transmission.

47. The Committee recommends that the State
party continue to take effective measures for the prevention of HIV/AIDS,
including awareness-raising and educational campaigns. The Committee further
recommends that the State party take into consideration the Committee's
recommendations adopted on its day of general discussion on children living in a
world with HIV/AIDS (CRC/C/80). International technical assistance from UNICEF,
WHO and UNAIDS, among others, should continue to be requested in this regard.

Children with disabilities

48. The Committee expresses its deep concern
that as a result of the prolonged armed conflict, the State party has one of the
highest levels of disability in the world.
In this regard, the Committee notes that
most services for children with disabilities are provided by NGOs, which need
substantial resources to maintain the current high standards of care and
rehabilitation services.

49.
In light of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96) and of the Committee's recommendations adopted on its day of
general discussion on children with disabilities (CRC/C/69), the Committee
recommends that the State party work in close collaboration with and support the
activities of NGOs working in this field in order to develop early
identification programmes to prevent disabilities; implement alternative
measures to the institutionalization of children with disabilities; plan and
carry out awareness-raising campaigns to reduce discrimination; establish
special education programmes and centres and encourage the inclusion of disabled
children in the educational system and in society; and establish adequate
monitoring of private institutions for children with disabilities. The Committee
further recommends to the State party to seek technical cooperation for the
training of professional staff working with and for children with
disabilities.

Right to health and health
services

50. Concern is expressed at children's limited
access to health services, due notably to the shortage of medical and public
health personnel and the insufficient number of primary health centres, in
particular in rural areas. Concern is also expressed at the high cost of health care
and medicines, which lead families into debt and greater poverty.

51. The Committee recommends that health-care
services and medicines be improved and extended in order to guarantee the access
of children belonging to poor families and other marginalized groups.

Adolescent health

52. The Committee expresses its concern at the
high maternal mortality rate, the limited access by teenagers to reproductive
and sexual health education and counselling services, including outside the
school system, and the low level of contraceptive use. Concern is also
expressed that insufficient attention has been given to issues of adolescents'
mental health.

53. The Committee recommends that the State
party undertake a comprehensive and multidisciplinary study to determine the
scope of adolescent health problems, including mental health, as a basis for
promoting adolescent health policies and strengthening reproductive health
education. The Committee also recommends that further efforts be undertaken for
the development of child-friendly counselling services as well as care and
rehabilitation facilities for adolescents.

7. Education, leisure and cultural
activities

54. While welcoming the current efforts being
carried out by the State party, in cooperation with international
agencies, to improve its educational system, the Committee
expresses its concern at the fact that primary education is not compulsory; that
although enrolment rates in primary school are relatively high, equal access to
quality education is not ensured owing to a lack of schools in rural and remote
areas; that there are gender disparities in school attendance; that there are
high repetition and drop-out rates; and that a majority of children belonging to
minority groups do not have access to any form of education.

55.
The Committee recommends that the State
party continue to undertake effective measures to make primary education free
and compulsory for all children; to increase the enrolment rates and decrease
drop-out and repetition rates; to increase access to schools, in particular for
poor children, girls, children belonging to minority groups and children living
in remote areas. The Committee further recommends that the State party continue
to take measures to improve its education system by increasing budget
allocations for the education sector; providing training to upgrade teachers'
skills; making the school curricula more relevant to children's needs; expanding
opportunities for vocational training and non-formal education, including at
pre-school and secondary levels; and establishing an evaluation system to
measure the effectiveness of the education system.

8. Special protection measures

Refugee children

56. Concern is expressed at the lack of a legal
framework for the protection of unaccompanied, asylum-seeking and refugee
children.

57.
The Committee recommends that the State
party take the necessary measures to introduce legislation for the protection of
the rights of refugee children, in line with the relevant international
standards, and to develop a family reunification procedure to assist refugee
children who might be separated from their families. Technical assistance from
UNHCR could be sought in this regard.

Children affected by armed
conflict

58. While welcoming the enactment of legislation
prohibiting the military recruitment of children under 18 years and the State party's
willingness to demobilize the remaining under-age soldiers in the army, the
Committee expresses its concern at the insufficient measures for social
reintegration and physical rehabilitation of former child soldiers. Concern is
also expressed at the high number of landmines planted in the State party's
territory during the recent armed conflict which represent a threat to the lives
of children.

59.
The Committee recommends that the State
party take effective measures for the identification, demobilization and
psychological rehabilitation and reintegration in society of child soldiers and
to undertake awareness-raising campaigns for army officials to prevent the
further recruitment of child soldiers. The Committee further recommends that the
State party continue to work in cooperation with UNICEF for the rehabilitation
and reintegration of under-age soldiers.

60. With regard to the problems of landmines,
the Committee recommends that the State party increase budget allocations for
demining in post-conflict areas and that awareness-raising campaigns be
conducted to prevent mine-related accidents. Furthermore, the Committee
recommends that the State party continue to work in cooperation with
international agencies for the elimination of landmines.

Economic exploitation

61. The Committee is concerned about the large
number of working children, including in the informal sector, in agriculture and
in the family context. Concern is also expressed at the inefficient enforcement
of existing labour laws.

62. The Committee recommends that the State
party enforce the provisions of the Labour Law regarding the minimum age for
access to employment; that labour inspectors be trained and provided with the
means to monitor child labour; and that appropriate sanctions be applied to
violators. The Committee further recommends that the State party enact
legislation protecting children from hazardous forms of labour. The Committee
acknowledges that the State party is considering ratification of the new ILO
Convention No. 182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour, 1999 and encourages it to do
so.

Sexual exploitation and
trafficking

63. While welcoming the enactment of special
legislation to combat sexual exploitation and the adoption of a five-year Plan
of Action against Sexual Exploitation of Children (2000-2004) and other related
measures in this area, the Committee expresses its concern at the widespread
phenomena of child prostitution and the sale and trafficking of children; the
inadequate enforcement of the new legislation on these issues; and the shortage
of trained people and institutions to provide rehabilitation to the victims.

64.
The Committee recommends that the State
party review its legislation with a view to reinforcing it, and in the meantime
to enforce fully its current legislation against sexual exploitation; that the
Plan of Action be fully implemented; that sufficient resources, both human and
financial, be allocated for the implementation of the Plan; that social services
for the rehabilitation of child victims of sexual exploitation be strengthened
and expanded; that violators be prosecuted; and that bilateral cooperation,
especially with neighbouring countries, be strengthened and border controls
increased. The Committee suggests that the State party seek further technical
assistance from OHCHR and UNICEF, among others.

Administration of juvenile justice

65. With regard to the situation of children in
conflict with the law, concern is expressed at the lack of special legislation,
policies and programmes in this area; at reports of children detained in prisons
with adults; the situation of children detained for extended periods without
being charged and without access to a lawyer or to a court; and the reports of
detained children allegedly being subjected to beatings and other ill-treatment.

66.
The Committee recommends that the State
party establish a juvenile justice system, taking into account the principles
and provisions of the Convention, in particular articles 37, 40 and 39, and
other relevant United Nations standards in this field, such as the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice (the
Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines) and the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty. The Committee further
recommends that the State party develop a comprehensive policy and programmes
regarding the situation of children in conflict with the law, with particular
attention to the situation of children deprived of their liberty and to the
prevention of juvenile delinquency. Furthermore, the Committee recommends to the
State party to consider seeking technical assistance from OHCHR, the Centre for
International Crime Prevention, UNICEF and the International Network on Juvenile
Justice through the Coordination Panel on Juvenile Justice, among others.

Dissemination of reports

67. Finally, in light of article 44, paragraph
6, of the Convention, the Committee recommends that the initial report and
written replies submitted by the State party be made widely available to the
public at large and that the publication of the report be considered, along with
the relevant summary records and concluding observations adopted thereon by the
Committee. Such a document should be widely distributed in order to generate
debate and awareness of the Convention, its implementation and monitoring within
the Government, the Parliament and the general public, including concerned
NGOs.

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