Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/CAMBODIA.TXU

Text File | 1996-01-04 | 12KB | 259 lines

TITLE:  CAMBODIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995



Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

The Constitution provides for the right of citizens to change
their government, and most citizens exercised this right in the
1993 elections.  In those areas of the country controlled by
the Khmer Rouge, citizens cannot exercise this right.

Cambodia experienced its first complete year under democratic
rule in decades.  The Government was formed after a
U.N.-sponsored election in May 1993 in which each province
elected Constituent Assembly members through proportional
representation.  Some 20 parties took part; four won seats.
The United Nations certified the election as free and fair.
After the drafting of a Constitution the Constituent Assembly
became the National Assembly.  All four parties that took part
in the election entered a coalition government, which remained
in power throughout the year.

In July CPP members Sin Sen, Sin Song, and Prince Norodom
Chakrapong attempted a coup d'etat, which was quickly defeated,
in large part because of the loyalty of RCAF forces to the
Government.  In October following a 2-day trial, a military
court found guilty and sentenced those involved in the coup
attempt.  The three who led the effort received prison
sentences ranging from 18 to 20 years.  At year's end Sin Song
remained outside Cambodia, and Prince Chakrapong was in exile
in France.  Other CPP members involved received lesser
sentences.

In July the National Assembly outlawed the Khmer Rouge after
their refusal to negotiate in good faith with the Government.

Traditional cultural practices inhibit the role of women in
government.  There are seven women among the 120 members of the
National Assembly.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Cambodia's large international and indigenous human rights
community, which first began operating under UNTAC, remained
active and engaged in diverse activities.  The National
Assembly established a commission to serve as a liaison with
the human rights community.

Although generally allowed to operate freely, there were
isolated incidents in which the Government restricted NGO
activities, especially in the provinces.  There were also
credible reports of intimidation of NGO's by the Government.

An employee of the NGO Adhoc was imprisoned for what appeared
to be political motives (see Section l.e.).  Also, during a
human rights class in Kompong Chhnang province, several NGO
workers were taken away by RCAF soldiers wielding AK-47's.  The
NGO activists were held at the police station for 3 days, then
released but prohibited from conducting the human rights
class.  There were credible reports that human rights workers
were verbally threatened by provincial authorities.

On at least one occasion officials in Battambang prevented an
NGO from conducting human rights training; provincial NGO's
later stated they no longer felt restricted.

The Ministry of Foreign Affairs (MFA) interpreted as an
accusation of government involvement a statement released by
the NGO Khmer Institute for Democracy (KID) on the killing of
newspaper editor Nuon Chan.  In response, the MFA stated that
KID was operating illegally and threatened to close the
organization.  However, since KID was registered properly and
did not, as an indigenous group, fall under MFA jurisdiction,
no action was taken against the organization.  The Government
informed another indigenous NGO that it, too, was operating
illegally, but took no action to close the organization.

The Khmer Rouge does not permit any investigation of human
rights violations within their zones.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

Although the Constitution prohibits discrimination based on
race, color, sex, language, religious belief, or political
views, the Government does not always protect these rights in
practice.  The Government's failure to implement these
provisions effectively means that women and children, the most
vulnerable elements of Cambodian society, are often victims of
discrimination.

     Women

The Constitution contains strong language providing for equal
rights for women, equal pay for equal work, and equal status in
marriage.  In practice, women have equal property rights with
men, have the same status in bringing divorce proceedings, and
have equal access to education and some jobs.  However,
cultural traditions continued to affect adversely women's
ability to reach senior positions in government, business, and
other areas.  There were a large number of women's NGO's and
the leaders of two of the most prominent human rights NGO's are
women.

International and Cambodian NGO workers confirm that violence
against women, including rape and domestic violence, is common,
although there have been no systematic studies to determine the
extent of the problem.  Authorities normally decline to become
involved in domestic disputes.

     Children

Children are often victims of land mines.  There is also
evidence of increasing numbers of  child prostitutes among
street children in Phnom Penh.  The Constitution explicitly
provides for children's rights, and ensuring the welfare of
children is a specific goal of the Government's political
program.  However, the Government must rely on international
aid to fund most social welfare programs targeted at children
and, therefore, resources devoted to the goal are modest.

     National/Racial/Ethnic Minorities

People of Vietnamese and Chinese background have long comprised
the largest ethnic minorities in Cambodia.  Ethnic Chinese are
well accepted.  However, fear and animosity toward the
Vietnamese, who are seen as a threat to the Khmer nation and
culture, continues.  In the absence of a nationality law, the
legal and constitutional rights of ethnic Vietnamese are
unclear.  Constitutional protections are extended only to
"Khmer people."  The Vietnamese Government and some NGO's
expressed concern that an immigration bill passed in August
could be used to conduct large-scale deportations of ethnic
Vietnamese.  The Government, however, made assurances that this
would not happen, and there were no such deportations in 1994.
The legal status of ethnic Vietnamese, many of whom were born
in Cambodia, was not resolved in the immigration legislation.

The Khmer Rouge continued a calculated campaign of racial
violence and inflammatory propaganda directed against ethnic
Vietnamese civilians, although relatively few killings of
ethnic Vietnamese could be attributed definitively to the Khmer
Rouge (see Section 1.a.).  There was violence against ethnic
Vietnamese from other sources.  In April 13 Vietnamese
residents of Kandal province were killed and 27 were wounded in
an attack on their village.  Seven suspects were arrested but
later released for lack of evidence.

Several thousand ethnic Vietnamese who fled to the
Vietnam-Cambodia border following massacres in early 1993 were
prohibited by the Government from returning to their homes.
They remained on the border at the year's end (see Section
l.d.).

     People with Disabilities

The Government does not mandate accessibility to buildings or
government services for people with disabilities.  According to
international human rights groups, one in 236 Cambodians is
missing at least one limb.  This figure reflects the continuing
impact of landmines on the population.  Programs administered
by various NGO's have brought about dramatic improvements in
the treatment and rehabilitation of amputees, but they continue
to face discrimination, particularly in obtaining skilled
employment.

Section 6  Worker Rights

     a.  The Right of Association

The current Labor Law was passed by the SOC in 1992.
Throughout the year the Government worked with the
International Labor Organization (ILO) and the Asian-American
Free Labor Institute (AAFLI) to draft a new labor code, but at
year's end the new legislation had not been passed.  Workers
have the right to form unions of their own choosing without
previous authorization, and unions are not required to join a
single trade union structure.

There were few, if any, independent trade unions active.  The
majority of salaried workers are employed by the State,
although there is a growing service sector.  A large proportion
of the urban population is engaged in low-level commerce or
self-employed artisanship.

The SOC Labor Law permits unions to join federations but does
not address whether they may be affiliated with international
bodies.

The 1993 Constitution provides for the right to strike, but the
Government has not passed implementing legislation.  There were
several strikes throughout the year.

     b.  The Right to Organize and Bargain Collectively

The Labor Law provides for collective bargaining, although any
agreement reached between workers and employees is subject to
government approval.  In practice collective bargaining does
not take place.  The Government sets wages for civil servants.
Wage rates in other sectors are set largely by the market.  The
Labor Law prohibits antiunion discrimination by employers, but
there is no mechanism for enforcement of this provision.

No export processing zones existed in 1994.

     c.  Prohibition of Forced or Compulsory Labor

The Labor Law prohibits forced or compulsory labor and contains
penal sanctions for offenders.  However, the Government does
not adequately enforce these provisions.  There are no reports
that domestic or foreign workers are being forced to remain in
situations amounting to coerced labor, although there were some
reports of women being forced to work as prostitutes.  The
Khmer Rouge compel people under their control to serve as
porters for military and other supplies and to clear land for
farming.

     d.  Minimum Age for Employment of Children

The Labor Law states that the minimum age for employment is 16,
except for those workers in family enterprises.  Although
penalties exist for violation of these provisions, the
Government has not established an apparatus to enforce them.
Cambodians under the age of 16 years routinely engage in a
variety of jobs, including street trading, construction, and
small-scale manufacturing.  According to a NGO study, at least
86 children, most aged 11 to 14, worked in the Phnom Penh dump
collecting recyclable materials under extremely unhealthful,
dangerous, and unsanitary conditions.

     e.  Acceptable Conditions of Work

The Labor Law does not provide for a nationwide minimum wage,
but requires a wage that assures a decent living standard.
This standard wage varies according to region.  The Government,
however, does not enforce this requirement.  Currently,
market-determined wage rates at lower levels are not sufficient
to provide a decent living for a worker and family.

The Labor Law provides for a standard legal workweek of 48
hours and a 24-hour rest period and requires overtime pay.  The
Government does not enforce these standards and workers
commonly work more than 48 hours per week.  The Law states that
the workplace should have health and safety standards necessary
to ensure the workers' well-being.  However, the Government has
not yet set specific standards.  Penalties are specified in the
law, but there are no provisions to protect workers who
complain about unsafe or unhealthful conditions.  Conditions in
factories and small-scale industries are generally poor and
often do not meet international standards.