Chapter COUNTRY PROFILE OF CAMBODIA - … the Khmer Rouge captured Phnom Penh ... In 1962, Cambodia's ... Chapter I. Country Profile of the Kingdom of Cambodia. of Cambodia. In :

COUNTRY PROFILE OF THE KINGDOM OF CAMBODIA

Chapter

1

Country profile of the Kingdom of Cambodia

Geography

Cambodia is located in Southeast Asia, bordering Thailand, Viet Nam and Laos, with the Gulf of Thailand to the south. It has a total land area of 181,035 sq. km, a coastline of 443 km and lies within the tropics. It consists of mostly low, flat plains, with mountains in the southwest and north of the country. It is dominated by the Mekong River, which traverses the country from north to south, and the Tonle Sap Lake. Cambodia has a tropical climate with two distinct monsoon seasons. The rainy season is from June to October and the dry season is from November to May.25

25 Cambodia Demographic and Health Survey, 2005, National Insti-tute of Public Health and National Institute of Statistics, ORC Mac-ro, 2006.

Recent history

From the middle of the 20th century to the present, the country has gone through many regime changes with strikingly different political and social philosophies. Most Cambodians are Khmers, descendants of the Angkor Empire that extended over much of Southeast Asia and reached its peak between the 10th and 13th centuries. Cambodia became part of French Indochina in 1887, and following Japanese occupation in World War II, gained full independence from France in 1953. Prince Sihanouk was head of state until 1970 when he was replaced by General Lon Nol in a coup d’état. From April 1975 until 1979, the revolutionary organization known as the Khmer Rouge captured Phnom Penh and established a radical agrarian society.26

26 Chandler, David P., 1993, A History of Cambodia, p.209.

Source: Linda

20 AN ANALYSIS OF THE SITUATION OF CHILDREN AND WOMEN IN CAMBODIA 2009Chapter I. Country Profile of the Kingdom of Cambodia

Chandler writes that the Khmer Rouge set out to create a programme of social transformation that affected every aspect of Cambodian life. Money, markets and private property were abolished and schools, universities and Buddhist monasteries were closed. All institutions were abolished as the regime emptied the cities and forced the vast majority of the population to work in rural areas growing rice and other crops. The regime believed that “family life, individualism, and an ingrained fondness for what they called ‘feudal’ institutions, as well as the institutions themselves, stood in the way of the revolution.”27 The regime therefore tore families apart by separating parents from their children and sending younger children to work in the fields. Countless children were found dead and abandoned in the turmoil,28 and many others were conscripted into the Khmer army.29 Overall, an estimated 1.7 million people died during a period of nearly four years. The Khmer Rouge is believed to have killed one in five Cambodians and many of the first to be killed were intellectuals, doctors, lawyers and teachers.30 During that period, the main causes of death were malnutrition, overwork and untreated illnesses. Most families in the country endured tragedies during the period of civil conflict, including death of parents, children, siblings and grandparents, as well as the loss of trust between family members.

The legacy of this traumatic period is still felt today by most Cambodians, yet the impact on children of survivors is not clearly documented. Violent civil conflict continued for 30 years up until 1998, with a profoundly negative impact on children and families, as well as the whole of society. In addition to loss of life, the period negatively impacted

27 Ibid.28 Ibid.29 North, Peter, 2005, Culture Shock, Cambodia, Marshall Cavendish

Editions, p.36.30 World Bank, 2006, Cambodia Halving Poverty by 2015?, Poverty

Assessment 2006, p.1.

on the country’s development, necessitating the complete reconstruction of the State, economy and infrastructure.31

In 1979, the Vietnamese Army ousted the Khmer Rouge and a new government was formed. A coalition of the remaining Khmer Rouge and non-communist resistance groups waged a guerrilla war against the new government for two decades. In 1991, several of the various Cambodian factions signed a UN-sponsored peace agreement and a UN-organized election took place in 1993, resulting in a coalition government. However, the Khmer Rouge did not agree to enter into peaceful negotiations at that time. General elections were held in 2003 and recently in 2008, with the Cambodian People’s Party (CPP) emerging again as the ruling party.32 For the most part, the general elections in Cambodia were recognized by national and international observers as free, fair, transparent and credible.33 Nevertheless, there were several reports in the media of political killings leading up to the elections.

Political system

Cambodia is characterized as a multiparty liberal democracy under a constitutional monarchy. A new government was formed in July 2004, and for the first time political parties were able to engage in dialogue relatively free from violence. A new constitution was adopted after the multi-party elections in 1993, which established the Royal Government of Cambodia (RGC) and fully incorporates the CRC. The CPP is the one ruling party, and there are two main opposition parties, the United Front for an Independent, Neutral, Peaceful, and Cooperative Cambodia (FUNCINPEC) and the

31 Ibid.32 UNICEF, October 2008, Cambodia Country Profile.33 Royal Government of Cambodia, 2004, The Rectangular Strategy

for Growth, Employment, Equity, Efficiency in Cambodia.

21AN ANALYSIS OF THE SITUATION OF CHILDREN AND WOMEN IN CAMBODIA 2009Chapter I. Country Profile of the Kingdom of Cambodia

Sam Rainsy Party (SRP). The SRP is the main source of opposition. A decentralization process is currently underway and there has been recent progress in devolving power to local levels, which are expected to be more responsive to the needs of local populations, and especially to the rights of women and children.

Population and demographic trends

In 1962, Cambodia's population was 5.7 million and the next population census, in 1998, recorded a population of almost 11.44 million and an annual growth rate of 2.5 per cent. The 2004 Inter-Censal Population Survey indicated that the annual growth rate had declined to 1.81 per cent in 2004, and recorded a total population of 13.09 million. An estimated 80 per cent of the population was found to live in rural areas and only 19.5 per cent in urban areas. The population density is 75 per sq. km, with more than 1 million people living in the capital, Phnom Penh.34 Some provincial growth rates showed a great deal of variation, between 0 and 11 per cent.35 Provisional 2008 census results reveal a current population of 13.4 million, and an annual population growth of 1.54, which is higher than the Southeast Asian region as a whole.36 The latest household survey estimates that about 35 per cent of the total population lives below the poverty line.37

Urbanization has grown over the last decade,increasing from 17.4 per cent in 1998 to 19.5 per cent in 2008. The average size of a household is 4.7. Between 2000 and 2005, CDHS indicators show a sharp decline in the fertility rate from four births per woman

34 Cambodia Demographic and Health Survey, op cit, p.1.35 National Institute of Statistics, Ministry of Planning, General

Population Census of Cambodia 2008, Provisional Population Tables.

36 Ibid.37 Cambodia Halving Poverty by 2015?, op cit.

in 2000 to 3.4 in 2005, and there has also been a substantial decline in infant and child mortality. There is a trend for joint and extended families, which are gradually becoming nuclear families. This is due to a variety of factors, such as couples choosing to live separately from their parents after marriage.

In 1980, because of the numerous male casualties during the Khmer Rouge period, the gender ratio (the number of males per 100 females) was low, at 86, causing disproportion between the number of adults and young people. In recent years there has been a gradual improvement, with the ratio reaching 94.2 in 2008. There are also variations in the gender ratio between provinces, which are thought to be attributable to the internal movement of men and women for employment reasons.38

One notable achievement has been the adoption of a National Population Policy, launched by the Prime Minister in 2004, and designed to influence population and development dynamics. The policy recognizes the right of all couples and individuals to decide freely and responsibly

Source: Tchornigh Forder

38 General Population Census of Cambodia 2008, op cit., p.20.


Cambodia: Demographic figures at a glance

Number of provinces: 24Number of districts: 185Number of communes: 1,621Number of villages: 14,073Population of Cambodia both sexes: 13,388,910Male: 6,495,512Female: 6,893,398Percentage of urban population: 19.5Annual population growth rate (per cent): 1.54Density of population: 75 per sq. kmGender ratio (males per 100 females): 94.2Average size of household: 4.7Life Expectancy* Male: 59.96 (2008)Female: 66.26 (2008)Total fertility rate: 3.4Crude birth rate: 25.6 (2005) **Number of births: (‘000) 174 (2008)**Number of under-five deaths (‘000) 55 (2008)**

*First Revision Population Projections for Cambodia 1998-2020

** Cambodia Country Profile, UNICEF, November 2009

the number, spacing and timing of their chil-dren’s births, as well as the importance of ensuring that pertinent information is avail-able to all its citizens. This policy was incor-porated as a priority in the Government’s Rectangular Strategy.

The National Population Policy includes seven policy measures:

• Help couples and individuals to decide freely and responsibly on the number and spacing of their children, and to have access to information, education, and services.

• Reduce the infant, child, and maternal morbidity and mortality rates.

• Reduce the potentially negative impact of rural-urban migration.

• Promote gender equality and equity and enhance human resource development.

• Alleviate the impact of population pressure on the environment and natural resources.

• Further strengthen the reversal of the spread of HIV.

• Integrate population variables into social and economic policies, plans and programmes at all levels.39

Cambodia’s population is very young, with about 41 per cent under the age of 18,40 the

39 Ministry of Planning and UNFPA, 15 August 2003 National Popula-tion Policy.

40 General Population Census 2008.

Source: General Population Census of Cambodia 2008, National Institute of Statistics, Ministry of Planning, August 2008


Khmer is the official language of Cambodia and is spoken by more than 95 per cent of the population. Vietnamese is also widely spoken in some areas. About 96 per cent of the population is Theravada Buddhist.44 The rest of the population is Muslim, animist and Christian. Buddhist beliefs are said to govern much of the culture, behaviour and attitudes of the Cambodian people.45 It has been noted that Cambodian culture, like that of other Southeast Asian countries, is shaped by values and norms that are collectivist and based on Buddhist teaching rather than individualist as in most Western countries.46 Theravada Buddhism’s main principles are peace, harmony, tolerance and acceptance of others.47

Governance institutions in Cambodia – key duty-bearers for children's rights

Under international human rights law, the State is mainly responsible for implementing the CRC, and governance institutions such as legislatures, executives and judiciaries have a duty to respect, protect, promote and fulfil the rights of children. The CRC is recognized in the national Constitution of Cambodia of 1993, meaning that the rights of the child have constitutional protection and must be safeguarded by the three branches of government. The Constitution established institutions of state, including an elected legislature with oversight over the executive, and an independent judiciary.

The Executive Branch

The State of Cambodia was recreated as a constitutional monarchy with an executive branch that comprises the King as the Head of State, the Prime Minister who is appointed,

44 Culture Shock Cambodia, op cit. p.54.45 Ibid.46 Leng, Chhay and Jenny Pearson, 2006, Working in Cambodia,

Perspectives on the Complexities of Cambodians and Expatriates Working Together, VBNK, p.11.

47 Culture Shock Cambodia, op cit., p.54.

second youngest population in Southeast Asia.41 The population structure reflects the impact of the civil conflict in the Khmer Rouge era, when mortality levels reached their peak, particularly for men, and the rate of fertility declined. In the post-Khmer Rouge period, a so-called ‘baby boom’ began that produced the large number of children and adolescents that are currently under the age of 30.42 Declining fertility and increased life expectancy and longevity, coupled with internal migration patterns, mean there may be fewer adults to care for elderly relatives. Although there has been a rapid decline in fertility, maternal and child mortality rates remain high and are presently estimated at:

• Infant mortality rate: 60 per 1,000 live births (2008)

• Under-five mortality rate: 83 per 1,000 live births (2005)

• Maternal mortality ratio: 461 per 100,000 live births (2008)

People and culture

About 96 per cent of the population is ethnically Khmer. The remaining are ethnic minorities, including Vietnamese (0.4 per cent), Chinese (1 per cent) and other groups such as Chams (Khmer Islam, 2.2 per cent) who are spread over several provinces, and animist hill tribes. The poorest minority groups are the highlanders or animist hill tribes, located mainly in the remote northeast region, which collectively represent some 104,000 people, or less than 1 per cent of the population. To varying degrees, some of these groups are challenged by language barriers, the living conditions in extremely remote areas and a lack of access to social services, among others.43

41 UNICEF, 2008, State of the World’s Children Report42 National Population Policy, op cit. p. 8.43 Cambodia Halving Poverty by 2015?, op cit., p. 43.


eight deputy prime ministers, 14 senior ministers, 28 ministers and 135 secretaries of state.48 Prince Norodom Sihamoni is King. The monarch’s role is mainly ceremonial, whereas Prime Minister Hun Sen is the key political figure in Cambodia and one of the world’s longest serving prime ministers, having been in power since 1985 under various coalitions. The Prime Minister leads negotiations of international treaties and the ratification of these instruments is the responsibility of the National Assembly and promulgation is the responsibility of the King. The Council of Ministers is one branch of the RGC, and led by the Prime Minister. The RGC governs the State, which includes directing its armed forces and civil administration. It is also responsible for implementing national policies and programmes and is accountable to the National Assembly.49 The sessions of the Council of Ministers are normally held about twice a month and are chaired by the Prime Minister, who, together with the ministers, has regulatory powers and executes the decisions adopted by the Council of Ministers.

The Legislative Branch

The bicameral legislature is composed of a 123-member elected National Assembly and a 61-member Senate. The National Assembly promulgated Cambodia’s sixth constitution in 1993 and added an amendment in March 1999, in order to establish the Senate as a new legislative body. The National Assembly has an ordinary session that is held twice per year and lasts for at least three months.

The National Assembly’s role is defined as the primary legislative power. The Senate’s main duty is to review draft laws that have been approved by the National Assembly.

48 Website of Government of Cambodia: http://www.car.gov.kh/cambodia/government_en.asp

49 Ibid.

Since the formation of the coalition government in 1993, the National Assembly has been more active and has enacted several laws to improve governance, including the Financial Institutions Law and Audit Law. The Senate has also played a more active role by investigating complaints regarding illegal land confiscation and has made recommendations concerning the need to amend the Constitution in order to have sufficient time to review proposed laws.50 However, it has been observed that in reality the National Assembly merely reviews and enacts the legislative bills drafted by the RGC and it is rarely given sufficient time to analyze their content. This is also due in part to its lack of requisite expertise to perform the task efficiently.51

The National Election Commission

According to the Report of the Special Representative of the Secretary-General for Human Rights in Cambodia, the country has a record of regular National Assembly and commune elections, and most observers made positive reports of the 2007 commune elections, finding little related violence. The legislative framework for elections and the National Election Commission (NEC) are also well regarded. The NEC is relatively transparent and consults political parties as well as civil society. Considerable development of other legal and administrative institutions is reported.52 Nevertheless, it is noted that opposition political parties have complained of irregularities in the administration of elections that have benefited the main governing party. Two major constraints that prevent the NEC from ensuring free and fair elections were identified: 1) its lack of independence and the fact that its members are appointed by

50 Ibid.51 Ibid.52 Ghai, Yash, 29 February 2008, Technical Assistance and Capacity-

Building, Report of the Special Representative of the Secretary-General for human rights in Cambodia, A/HRC/7/42, p.21.


the National Assembly on the nomination of the Ministry of Interior without consulting the political parties; 2) many administrative functions essential for free and fair elections such as the issuance of identity cards and preparation of the voter registry are conducted by State officials mainly connected to the governing political party.53

The Judicial Branch

The 1993 Constitution of Cambodia, in article 109, establishes the powers of the judiciary as follows:

• The judicial power shall be an independent power.

• The judiciary shall guarantee and uphold impartiality and protect the rights and freedoms of the citizens.

• The judiciary shall cover all lawsuits including administrative ones.

• The authority of the judiciary shall be granted to the Supreme Court and to lower courts of all sectors and levels.

The judicial branch consists of four components, including the Constitutional Council formed in 1998, the Supreme Council of Magistracy, established in 1994, the lower courts and prosecutors. The Supreme Court and Appeals Court are located in the capital and the lower courts have also been established in each province and municipality. The Constitutional Council has a duty to safeguard the Constitution and decides cases regarding the election of members to the National Assembly and Senate. The Supreme Council has the role of ensuring the judiciary’s independence, which is guaranteed by the Constitution. It is also the body empowered to appoint judges and prosecutors and to engage in any disciplinary activities.

53 Ibid.

Over the last decade, Cambodia has made efforts to establish an independent judiciary in recognition of the fact that it is the foundation of the rule of law and essential for developing a market economy and for overall accountability. Unfortunately, there remain a number of shortcomings that prevent the judiciary from meeting acceptable international standards. Among these are judicial corruption, executive interference, the low education levels of judges and prosecutors, their low salaries, and the fact that only a small percentage of the government budget is normally allocated to the judiciary.54 In addition to the lack of capacity and resources, the legal system is affected by lengthy delays, a shortage of legal aid and difficulty in enforcing judgments.55 There is also an absence of legislation regulating the judiciary. Procedures for forwarding draft laws to the Council of Ministers are reportedly not applied with any consistency. Moreover, there is a general public perception that the judiciary is corrupt and unreliable. One public opinion poll concluded that Cambodians had little or no faith in the courts as institutions of justice.56

The lack of effective separation between the branches of government results in an absence of checks and balances and contributes to the perception of an absence of accountability in governance institutions. Human rights observers have noted that despite the many public pledges by the Government of its commitment to judicial and legal reform, there has not been any meaningful progress regarding the lack of independence of the courts from political and financial influence.57

54 United Nations Development Assistance Framework (UNDAF) 2006-2010, p.8.

55 World Bank, 2007, Cambodia Sharing Growth: Equity and Development in Cambodia Equity Report 2007, p. 170.

56 Ibid., p. 170.57 Technical Assistance and Capacity Building, op cit., p. 10.


The Extraordinary Chambers in the Courts of Cambodia

The Extraordinary Chambers in the Courts of Cambodia were established to prosecute former leaders of the Khmer Rouge for war crimes and other crimes against humanity committed between 1975 and 1979. It has been operating since early 2006 with UN assistance. Four arrests took place in late 2007, bringing to five the number of people that may be tried. This has been a major step forward in Cambodia’s efforts to counter public perception of prevailing impunity among the country’s leaders. Source: UNICEF Cambodia

Decentralization and deconcentration

In recent years, Cambodia has been engaged in a decentralization and deconcentration process, which is an important element of the public-service reform component. This process has been viewed as essential for promoting democracy and a local voice in governance, and improving public service delivery to the rural population through the devolution of administrative and political powers to sub-national government.58 In 2002, nationwide elections established the Commune Councils, which constitute a mechanism for citizen participation in local governance, representing the first tier of sub-national governance. To date, the Commune Councils have observed their role mainly in terms of planning and budgeting infrastructure projects, but more needs to be done to expand the opportunity for citizens to influence and participate in local governance. Notions of popular participation, as well as the idea of downward accountability, are still limited.59

58 NGO Forum on Cambodia, 2008, Analysis of the Implementation of the Budget Law 2007, p.28.

59 Ibid.

For the past six years, Commune Councils have been preparing, financing and implementing local development plans and budgets, which are expected to increase with the implementation of the new Organic Law, adopted in April 2008. The law lays out the administrative and management structure of sub-national administration and stipulates that “the commune council shall be directly accountable to all citizens for making decisions on priorities and for ensuring democratic development within its jurisdiction.”60 This marks the second phase of reform and is expected to involve a significant devolution of power from the central level to the provincial and district levels to improve the delivery of services in health, education, roads, water and sanitation, etc. It also strengthens the State’s regulatory functions in land, forestry and fisheries. In order to implement the Organic Law, the Government is designing a National Decentralization and Deconcentration Programme.61

With these sub-national structures, combined with the Government stressing the importance of equity and accountability in the decision-making process at the local level, it is believed that Commune Councils could be made responsible and accountable for children’s rights. The presence of Commune Committees for Women and Children further creates an enabling environment for promoting the following:62

• Greater awareness among communes and local officials of children's rights.

• Greater capacity among local government officials to take concrete action and to monitor progress towards the fulfilment of children's rights.

60 UNICEF, 2008, Report of Mid-Term Review of the Country Programme.

61 Information provided by UNICEF Cambodia 2008.62 Ibid.


• Greater collaboration between local authorities and service providers, such as health centres and schools, to achieve results for children.

• Greater range of social development priorities relating to health and education outcomes for children.

The Organic Law does not include the duties and responsibilities of sub-national and local authorities. This is expected to follow as part of the supporting guidelines and Prakas.

Source: UNICEF Cambodia

Map of Cambodia

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Chapter COUNTRY PROFILE OF CAMBODIA - … the Khmer Rouge captured Phnom Penh ... In 1962, Cambodia's ... Chapter I. Country Profile of the Kingdom of Cambodia. of Cambodia. In :