| Last updated: 18 June 2007 |
Introduction |
Cambodia is a constitutional monarchy with an elected government. Elections are held on the basis of universal suffrage. Voter turnout was about 83% in the last election, which led to a coalition government between the Cambodian People's Party with 73 seats and the National United Front for a Neutral, Peaceful, Cooperative and Independent Cambodia with 24 seats. Despite some flaws, election observers noted improvements in the election process. Most power is in the hands of the Prime Minister.
Culture limits the role of women in government, but they took an active part in the elections and increased the number of positions held by women. There are 22 women in the 123 seat National Assembly, 9 women in the 61-seat Senate while 24 women work as ministers and hold other high level positions. As for minority representation, there are 2 Cham and 2 Tribal representatives in the National Assembly along with 2 Cham, 2 Tribal and 2 Thai representatives in the Senate. 8 senior officials are also from minority groups.
Corruption is endemic and extends through all segments of society. Among lower-level public servants the meagre salaries contribute to what is termed "survival corruption," while at upper levels corruption is fostered by a culture of impunity.
Discrimination on the basis of race, sex, colour, language, religious beliefs or political views is illegal but not all rights are protected in practice.
The judiciary is subject to influence by the executive branch, and the legal system as a whole is penetrated by corruption. A lack of resources, low salaries and poor training contribute to inefficiency. In 2003 the Royal School for Judges and Prosecutors reopened after being closed in the 1960s.
Military and civilian police are accused of extrajudicial killings, and vigilante justice persists for witches and sorcerers. Torture and physical abuse of prisoners are illegal but administered.
The constitution provides for freedom of speech and of the press, but these rights are not always respected. According to the law, journalists are to be protected from imprisonment for expressing opinions that do not affect national security or political stability, and their articles and reports are not subject to pre-publication censorship. However, in practice lawsuits for criminal defamation intimidate critics and induce media self-censorship. Private electronic communications and Internet access are not restricted. No law provides for access to government information.
Cambodia is a source, destination and transit country for men, women and children trafficked for sexual exploitation and forced labour. Cambodian children are trafficked to Vietnam and Thailand to work as street beggars. The government does not fully comply with the minimum standards for the elimination of trafficking and is not making significant efforts to do so.
Social discrimination against those infected with HIV/AIDS remains a problem, but it has lessened with the appearance of HIV/AIDS awareness programmes.
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Education Rights
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International aid funds most programmes for children. Despite an extensive school construction program, schools remain overcrowded and short of equipment and materials. Education is not compulsory, but tuition is free. Many children leave school to help their families in subsistence agriculture and therefore begin school at a late age. A 2005 Ministry of Education report states that 91% of eligible children are enrolled in primary school, but only 26% attend lower secondary and only 9% reach upper secondary schools. Schools in rural areas often provide only a few years of education.
46% of schools lack drinking water, and 37% have no toilets. Teachers' salaries are paid irregularly and are inadequate to support a decent standard of living. Parents of pupils are asked for payments that the poorest families cannot afford. Girls have equal access to education, but families with limited resources give priority to sons. Lack of transportation to schools is a major problem in remote areas, especially for girls because of safety concerns.
An estimated 500 to 1,500 children live with their families on the streets and get no formal education. NGOs provide vocational and literacy training for street children. In Phnom Penh a controversial roundup was begun of street children singled out as "an eyesore to the outside tourists." Many of the children scooped up were released on rural roads, either to find their way back to the city or never to be accounted for.
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Early Childhood Education (ECE)
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A 3-programme starts at age 3. The Net Enrolment Rate (NER) for ECE is only 5% (50% female). There are 3,209 ECE teachers (99% female). The pupil/teacher ratio (PTR) is 30 : 1.
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Primary Education
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Primary education begins at age 6 and lasts 6 years. 47% of primary students are girls. 1% of primary education is private. 11% of students (12% of boys, 9% of girls) repeat grade levels. Of students who enrol in Grade 1, 52% reach the last grade of primary school. The NER is 98% (100% of boys, 96% of girls). There are 50,186 primary teachers (41% female), of whom 96% are trained. The PTR is very high at 55 : 1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 12 and lasts 6 years. 40% of secondary students are girls. 2% of students are in technical vocational programmes. The NER is low at 26% (30% of boys, 22% of girls). 4% of students repeat grade levels. There are 25,160 secondary teachers, 18,724 (33% female) in lower secondary and 6,436 (26% female) in upper secondary schools, and almost all (99%) are trained. The PTR is 25 : 1 in lower secondary and 26 : 1 in upper secondary education.
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Tertiary/Higher Education
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The only statistical information available for this level indicates that 2,250 Cambodian students study abroad, mainly in France (715), the USA (330), Vietnam (303), Japan (260) and Australia (177).
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Children with Special Needs
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The government prohibits persons with even minor disabilities from being teachers in public schools. The most recent figures available date from 1999 and show 170,000 persons with disabilities. Disability due to land mines accounts for 11.5% of the disabled. NGO programmes have brought about improvements in the treatment and rehabilitation of persons with disabilities, but they face social discrimination, especially in education and employment. Little formal education is available for disabled children.
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Refugee Children
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The law provides for the granting of asylum or refugee status, and the country is a signatory of the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol. In practice the government does not implement legislation pertaining to the convention.
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Minorities and Indigenous Peoples
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Constitutional protection is extended only to Khmer people. Citizens of Chinese and Vietnamese ethnicity constitute the largest ethnic minorities. Ethnic Chinese citizens are accepted in society, but animosity continues toward ethnic Vietnamese. The government ignores efforts by indigenous communities to protect their ancestral lands and natural resources. International and local NGOs have been active in educating the indigenous communities. In practice there are few educational opportunities for minorities.
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Academic Freedom
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No legal restrictions exist on academic freedom, but the climate promotes self censorship.
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Gender Equality
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The constitution explicitly provides for equal rights for women, equal pay for work of equal value and equal status in marriage. In practice women have equal property rights, the same legal status in divorce proceedings and equal access to education and jobs. However, cultural traditions limit their ability to reach senior positions in business and other areas.
A domestic violence law intended to protect victims from domestic abuse breaks from the cultural tradition by allowing authorities to intervene to prevent abuse. But violence against women is still common. An anti- trafficking department investigated cases of violence against women and children, resulting in the arrest of perpetrators and rescue of victims. Sex tourism is a problem. Sexual harassment is prohibited in the workplace, and the ILO reports that sexual harassment in the industrial sector is rare.
An increase of female participation in the labour force is noted, with women making up 60% of agricultural workers, 85% of the business work force, 70% of the industrial work force and 60% of service sector workers. But they are concentrated in low paying jobs and largely excluded from management positions.
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Child Labour
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The minimum age for employment is 15, and the minimum age for hazardous work is 18. Children aged 12 to 15 may be engaged in light work that is not hazardous to their health and does not affect school attendance. But the child labour laws are not adequately enforced even in the formal employment sector. No employer has been prosecuted for violating these laws. Labour inspectors play no role in the informal sector or in enforcing the law in illegal industries.
53% of children aged 5 to 17 are employed, and only one third of these children are over age 14. Some 71% work in agriculture or forestry activities, 21% are in sales or service and 7% are in production. Forced or bonded child labour is prohibited but exists in the commercial sex industry. Children are trafficked to Thailand and Vietnam for begging. They are placed into debt bondage or organised begging rings.
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Trade Union Rights
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Some workers have the right to form professional organisations or trade unions. Civil servants do not have the right to unionise. Unions may affiliate freely, but the law does not explicitly address their right to affiliate internationally. The exercise of basic freedoms such as freedom of assembly and association has resulted in incarceration, threats and sometimes death. Violation of teachers and workers rights in Cambodia is rampant. The President of the Cambodia Independent Teachers' Association (CITA), a member of Education International, was jailed for defamation and incitement after co-signing a statement by the Cambodia Watchdog Council critical of a border agreement between Cambodia and Vietnam. EI wrote to the Prime Minister and launched Urgent Action Appeals for the release of the President of CITA. He was released in January 2006. Due to prohibitions against public sector employees forming unions, CITA is registered as an association. Local and provincial authorities banned most of CITA's activities. The government since the establishment of CITA has been repeatedly threatening and intimidating its members. In 2004, 3 prominent trade union leaders were killed, including the President of a trade union centre. The accused were convicted under a dubious judicial process protested even by the former King.
The labour law does not apply to civil servants, including teachers, but applies to local and foreign workers. 24 national labour federations exist. Some have government ties, while others are linked to the opposition. There is some evidence of management involvement in some unions. Reports of anti-union harassment and dismissal of union leaders are common. The law provides for the right to strike and for the right to organise and bargain collectively, but enforcement is inconsistent.
Wages are set by market forces, except for civil servants, whose wages are set by the government. Minimum wages are based on recommendations from the Labour Advisory Committee, which had not met since July 2004. The minimum wage may vary regionally. Civil service salaries are insufficient to provide a decent standard of living and require civil servants to secure outside sources of income. The standard legal work week is 48 hours.
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