COHRE Recommendations CESCR Cambodia 2009

Š Copyright 2009 Centre on Housing Rights and Evictions (COHRE), Geneva, Switzerland Realising Economic, Social and Cultural Rights in Cambodia: Summary of Recommendations from the United Nations Committee on Economic, Social and Cultural Rights 2009

ISBN: 978-92-95004-79-5

All rights reserved.

REALISING ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN CAMBODIA: Summary of Recommendations from the United Nations Committee on Economic, Social and Cultural Rights 2009

COHRE Asia & Pacific Programme PO Box 2061 Phnom Penh 3 Phnom Penh CAMBODIA tel.: +855.23.726.930 fax: +855.23.726.934 email: cohreasia@cohre.org COHRE International Secretariat 83 Rue de Montbrillant 1202 Geneva SWITZERLAND tel.: +41.22.734.1028 fax: +41.22.733.8336 email: cohre@cohre.org web: www.cohre.org Š Copyright 2009 Centre on Housing Rights and Evictions (COHRE), Geneva, Switzerland Realising Economic, Social and Cultural Rights in Cambodia: Summary of Recommendations from the United Nations Committee on Economic, Social and Cultural Rights 2009 ISBN: 978-92-95004-79-5 All rights reserved.

The Centre on Housing Rights and Evictions is registered as a not-for-profit organisation in Brazil, Ghana, the Netherlands, Sri Lanka, Switzerland and the USA. Contributors: Natalie Bugalski, Rachel Kelly, Dan Nicholson, Depika Sherchan Graphic Design: Sao Channa, Our Books Illustration and Design, Phnom Penh Illustrators: Chan Pisey, Moeu Diyadaravuth, Tek Tevinn, Sim Sisavuthara (Illustration Coordinator) Printer: Nokor Creative & Solutions, Phnom Penh Supported by The British Embassy, Phnom Penh Cover Photo: Alexandra Jones

REALISING ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN CAMBODIA: Summary of Recommendations from the United Nations Committee on Economic, Social and Cultural Rights 2009

Centre on Housing Rights and Evictions (COHRE) October 2009

Realising Economic, Social And Cultural Rights In Cambodia | 2009

1

Introduction In 2009, the record of the Royal Government of Cambodia was reviewed for the first time by the United Nations Committee on Economic, Social and Cultural Rights.

The Committee considered written reports by the Government and NGOs, and oral submissions by Government, NGOs and representatives of communities affected by land and housing rights issues. After considering various perspectives, the Committee issued its Concluding Observations, including a number of specific recommendations on how Cambodia can better implement its obligations under the International Covenant on Economic, Social and Cultural Rights to which it is a signatory.

One of the Committee’s recommendations was that the Concluding Observations be circulated among all sectors of society. We hope that this publication – a simplified summary of the Concluding Observations – will enable those at the grassroots level to understand the work of the Committee and to discuss and make suggestions on how they would like to see the recommendations implemented.

It is essential for all key stakeholders in Cambodia – including government, NGOs, community networks and development partners - to work together in making these recommendations a reality. If this is done, many of the serious challenges Cambodia faces in relation to land and housing rights will be successfully met.

COHRE has been working to link local partners to the UN Committee on Economic, Social and Cultural Rights for many years now. We were happy to have played a part in ensuring that the views of Cambodian civil society were represented at the Committee in Geneva in 2009. We now look forward to working collaboratively with all sectors of Cambodian society to see the Committee’s recommendations implemented – and to see real progress in realising housing rights in Cambodia.

Salih Booker Executive Director COHRE

2

Realising Economic, Social And Cultural Rights In Cambodia | 2009

Contents Table of Contents I. 1.

2.

3.

4.

5.

Committee on Economic, Social and Cultural Rights...........................4 What is the United Nations?...............................................................................4 What are human rights?.......................................................................................4 What is the Committee on Economic, Social and Cultural Rights?.............6 What are the Concluding Observations?..........................................................7 What do the Concluding Observations say?....................................................8

Summary of Recommendations from the United Nations Committee on Economic, Social and Cultural Rights 2009 II. 6.

7.

8.

9.

10.

Housing, Land and Natural Resources...............................................10 Economic Land Concessions...........................................................................10 Land Titles for Indigenous Communities......................................................11 Adoption of a Housing Policy.......................................................................12 Forced Evictions................................................................................................13 Human Rights Defenders.................................................................................14

III. General Governance.......................................................................................15 11. Social Services.....................................................................................................15 12. Anti-Corruption..................................................................................................16 IV. Gender Issues...................................................................................................17 13. Gender Stereotyping..........................................................................................17 14. Domestic Violence.............................................................................................18 V. 15.

16.

17.

Labour.................................................................................................................19 Unemployment...................................................................................................19 Minimum Wage..................................................................................................20 Safety of Trade Union Leaders........................................................................21

VI. Children and Trafficking...............................................................................22 18. Child Labour.......................................................................................................22 19. Prevention of Trafficking..................................................................................23 VII. Disabilities.........................................................................................................24 20. National Law on Rights of Person with Disability.......................................24 VIII.Health................................................................................................................25 21. Women’s Health.................................................................................................25 22. Mental Health.....................................................................................................26 IX. Education..........................................................................................................27 23. Primary School...................................................................................................27 24. Teachers Salary...................................................................................................28 X. Other Recommendations..............................................................................29 25. National Human Rights Body..........................................................................29 26. General Recommendations..............................................................................30 XI. What can community groups so about this? Here are some ideas..31 XII. Monitoring Economic, Social and Cultural Rights...............................31 XIII. Difficult Terms............................................................................................32 Realising Economic, Social And Cultural Rights In Cambodia | 2009

3

I. Committee on Economic, Social and Cultural Rights 1. What is the United Nations?

The United Nations (UN) is an international organisation made up of most of the world’s countries. Its aims are to maintain peace in the world and improve human rights and standards of living.

One of the main roles of the UN is to promote and protect human rights.

2. What are human rights?

Human rights allow people to live happy, healthy and free lives. In our daily lives, we all have basic needs, such as enough food to eat, clean water to drink, healthcare when we get sick. We also need some basic freedoms, such as the freedom to express our opinions and to practice our religion. Having access to these things and enjoying these freedoms are our basic rights as human beings.

One of the ways in which the UN promotes human rights is by creating international human rights laws.

Governments that agree to these laws by signing them have legal duty to respect and follow them.

One of the most important international laws is the International Covenant on Economic Social and Cultural Rights (the Covenant).

The rights in the Covenant include: ▪ The right to self-determination. This is the right for a person to decide what sort of economic, social, cultural and political development they want for their country.

▪ The right not to be discriminated against for reasons such as a person’s religion, race, gender, political opinion or social status.

▪ The right of men and women to be treated equally.

▪ The right to good work conditions and to be allowed to join workers’ unions.

▪ The right of families to be free from threats and disturbances.

▪ The right to an adequate standard of living, including food, clothing and housing.

▪ The right to health and healthcare.

▪ The right to education, including free primary education.

▪ The right to enjoy your own culture.

By signing the Covenant in 1992, the Cambodian Government agreed to respect all the rights which are listed in the Covenant. The Cambodian Constitution, which is the highest law in the nation, makes these international laws part of Cambodian law. This means that the Government has a legal duty to make sure that human rights are respected.

4

Realising Economic, Social And Cultural Rights In Cambodia | 2009

The Constitution of the Kingdom of Cambodia Article 31: The Kingdom of Cambodia shall recognise and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human rights, conventions related to human rights, women’s and children’s rights.

This legal duty means that: ▪ The Government must respect people’s rights by not passing laws or taking actions that violate human rights. For example, if the Government evicts people from their homes to allow a company to build a shopping mall on the land or to create a big plantation, this may be a violation of the right to housing.

▪ The Government also has a duty to protect people’s rights from violations by other people or companies. For example, the government must pass laws and punish people who damage other people’s houses or try to steal their houses and land.

▪ The Government must pass laws and take action to ensure that people are able to enjoy their human rights. For example, to fulfil the right to housing, the Government might provide resources to build new houses for the homeless or to improve the condition of people’s homes.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

5

3. What is the Committee on Economic, Social and Cultural Rights?

One of the committees that the UN has created to help it do its work is the Committee on Economic, Social and Cultural Rights (the Committee). It is made up of 18 people from around the world who are experts in the area of human rights. They are independent and are not representatives of their Governments.

The main function of the Committee is to monitor whether or not Governments are respecting economic, social and cultural rights. This means that the Committee looks at: ▪ whether or not people in a country are enjoying the human rights listed in the Covenant; ▪ whether or not the Government is respecting the Covenant; and ▪ how the human rights in that country could be improved.

So that the Committee can perform this task, Governments are required to provide it with a detailed report on what actions they have taken to make sure people enjoy the rights contained in the Covenant. In this report, Governments should also say what difficulties they have experienced in trying to improve human rights. The members of the Committee then meet to discuss the Government’s report.

Representatives of the Government usually attend the meeting of the Committee to answer any further questions the Committee may have. This process occurs every five years, unless the Committee asks a Government to provide another report sooner.

In order to get a balanced picture of the human rights situation in a country, the Committee also receives reports from other organisations that are independent from the Government. This means that other UN organisations as well as non-government and community organisations can provide information on the human rights situation of a country to the Committee.

6

Realising Economic, Social And Cultural Rights In Cambodia | 2009

Cambodia recently went through this process. The Government of Cambodia and some Non-Government Organisations prepared reports which were considered by the Committee. Then, in May 2009, the Committee issued its report, called its ‘Concluding Observations,’ on the human rights situation in Cambodia.

4. What are the Concluding Observations?

Based on all the information it has been given, the Committee writes a report on the economic, social and cultural human rights situation in Cambodia. This report is called the Committee’s ‘Concluding Observations’. The Concluding Observations also offers specific recommendations to the Government on how to improve the human rights situation.

The Committee’s Concluding Observations cannot be legally enforced. This means that the Government cannot be forced to take any action. However, the Concluding Observations can place international pressure on the Government to improve the human rights situation. If a Government ignores the recommendations made by the Committee, it is not meeting its human rights obligations and will continue to damage its reputation in the international community.

More information on the topics above can be found in the following publications: ■ Economic, Social and Cultural Rights (Booklet) ■ Economic, Social and Cultural Rights in Cambodia (VCD)

You can obtain copies of these publications from the Indigenous Community Support Organisation (ICSO) Tel: (855) 23 997 657 or email: ppoffice@icso.org.kh

Realising Economic, Social And Cultural Rights In Cambodia | 2009

7

5. What do the Concluding Observations say?

Positive Comments The Concluding Observations start with some comments on positive human rights developments in Cambodia. These include: 1. The Government’s obligation to respect human rights is included in the Constitution of Cambodia, the highest law in the country.

2. A decision was made by the Constitutional Council to make all international human rights laws signed by Cambodia part of Cambodia’s national laws. This means that human rights must be considered by judges when they make their decisions.

3. Cambodia has a strategy for improving the way it governs and for increasing people’s enjoyment of human rights.

4. Tree logging has been banned as part of a national development strategy.

5. Cambodia has some specific laws and plans to promote the enjoyment of economic, social and cultural rights. For example, Cambodia has created the Cambodian Human Rights Committee which will prepare specific reports on the human rights situation for the UN. It has also developed a new plan to help stop human trafficking.

6. Cambodia has promised to take action to promote women’s rights.

Areas of Concern The Committee also identifies a number of areas of concern and made recommendations for their improvement. The Committee’s recommendations are summarised in this booklet.

8

Realising Economic, Social And Cultural Rights In Cambodia | 2009

Summary of Recommendations from the United Nations Committee on Economic, Socialand Cultural Rights 2009

Realising Economic, Social And Cultural Rights In Cambodia | 2009

9

II. Housing, Land and Natural Resources 6. Economic Land Concessions The Committee was deeply concerned about estimates that 29% of Cambodia’s tropical forest has been lost over the last five years, with one of the most serious cases being the destruction of the Prey Lang forest in Northern Cambodia. The Committee is also concerned about the big increase in economic land concessions, even within protected zones. Economic land concessions are areas of land the Government gives to private companies for the purpose of, for example, farming or growing plantations. Protected zones are areas of land which are protected by law from such development.

The Committee is concerned that this is causing environmental problems as well as causing indigenous peoples to lose their land. It is concerned that these indigenous communities are not being paid fair compensation or being given adequate alternative land to live on. It is also concerned that this is causing rural communities to lose their livelihoods since they depend on access to land and forests for their survival.

Recommendations of the Committee â– The Government should review its policy on granting economic land concessions in protected zones by conducting assessments on what impact this is having on the environment and communities. These assessments should involve discussions with the communities. Communities have a right to participate in decisions which affect their lives. â– The granting of economic concessions should be done in a way which considers the long-term impact of economic activities on the environment and the needs of future generations of Cambodians. All Cambodians should share in the benefits of the commercial activities, not just private companies.

10

Realising Economic, Social And Cultural Rights In Cambodia | 2009

7. Land Titles for Indigenous Communities The Committee is concerned that indigenous communities have still not been given title to their lands as required under the 2001 Land Law. It is also concerned that mining and oil activities are occurring on indigenous lands without respect for indigenous people’s rights over their land.

Recommendations of the Committee â– The Government should implement the 2001 Land Law immediately, giving indigenous peoples title to their lands. â– The Government should conduct assessments on what impact the mining and oil activities are having on the environment and indigenous communities to make sure that indigenous communities do not lose their rights over their lands and natural resources.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

11

8. Adoption of a Housing Policy The Committee is concerned about the Government’s failure to adopt a national housing policy to improve housing conditions for all Cambodians. A national housing policy is a plan created by the Government which focuses on improving the housing situation in Cambodia. It can include a plan to improve the conditions of people’s houses, improve access to credit so that people can improve their own housing, make housing available for people who are homeless, address future housing needs and ensure protection against forced evictions.

Recommendations of the Committee ■ The Government should urgently adopt a national housing policy that improves poor housing in the cities and towns and which makes sure that people can live permanently in their homes if they choose to, without being evicted.

■ The Government should make sure that enough money is given to support this housing plan.

12

Realising Economic, Social And Cultural Rights In Cambodia | 2009

9. Forced Evictions The Committee is concerned about the big increase in forced evictions caused by public and private land developments. It is concerned that communities are not properly consulted about developments which take place on their land. The Committee is extremely concerned about the violence which has occurred during evictions. The Committee notes that the Government did not make sure that evicted families were given fair compensation and adequate relocation sites.

Recommendations of the Committee â– The Government should stop all evictions until people have received titles to their land and until there are proper laws and guidelines to make sure any future evictions respect people's human rights. â– The Government should consult properly with residents and communities before allowing development projects to take place. â– The Government should ensure that people who are evicted from their homes are provided with adequate compensation and/or given homes at relocation sites. Relocation sites must have basic services, including drinking water, electricity, washing and sanitation. They must also have adequate facilities including schools, health care centers and transportation.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

13

10. Human Rights Defenders The Committee is deeply concerned about the culture of violence in the Government and its failure to prosecute those responsible for the violence and other human rights violations. It is concerned about the Government's repression of human rights activists, particularly people defending housing and land rights. It is also concerned that the court system has been used to allow forced evictions and falsely prosecute housing rights defenders.

Recommendations of the Committee â– The Government should take all necessary steps to protect human rights activists and communities from intimidation and violence. â– All reports of abuse of human rights defenders should be thoroughly investigated, and, if people are found guilty, they should be prosecuted and appropriately punished.

14

Realising Economic, Social And Cultural Rights In Cambodia | 2009

III. General Governance 11. Social Services The Committee is deeply concerned that 36% of the population of Cambodia lives below the poverty line and that the Government does not spend enough money on social services, such as healthcare, education, food and housing. The Committee notes the big differences in the income distribution of Cambodians, especially between urban areas and the rural areas where most of the population live in poverty.

Recommendations of the Committee â– The Government should increase its spending on social services such as healthcare, food, housing and education so that people can enjoy their human rights. â– The Government should provide enough funds to implement its plan to reduce poverty.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

15

12. Anti-Corruption The Committee is concerned about widespread corruption. It is particularly concerned about corruption in the judiciary, which is not independent and is not effective.

Recommendations of the Committee â– The Government should adopt the draft Anti-Corruption Law and prosecute cases of corruption. â– The Government should train police, prosecutors and judges on what the Anti-Corruption Law means.

16

Realising Economic, Social And Cultural Rights In Cambodia | 2009

VI.Gender Issues 13. Gender Stereotyping The Committee is concerned that gender stereotyping continues in Cambodian society. This means it is generally expected that men and women should play certain roles in society, for example, that women should do all the work in the home. This is a type of discrimination, which is human rights violation. The Committee is concerned that the primary education curriculum includes Chbap Srey, which says that women play an inferior role in society compared with men.

Recommendations of the Committee â– The Government should remove Chbap Srey from the school curriculum and replace it with educational activities that promote the value of women at home and in society. â– The Government should run campaigns to raise awareness of the value of women in society and their equal status with men.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

17

14. Domestic Violence The Committee said that there was still limited capacity and a lack of funding for programmes focusing on women. It is concerned that levels of violence against women and girls remain high and offenders are rarely prosecuted and punished.

It is also concerned that women are paid lower wages than men for the same work.

Recommendations of the Committee ■ The Domestic Violence Law should be fully implemented and offenders prosecuted.

■ The National Action Plan to prevent violence against women should also be implemented.

■ Men and women should be paid equal wages if they do the same type of work.

This should be made into a law and strictly enforced. .

18

Realising Economic, Social And Cultural Rights In Cambodia | 2009

V. Labour 15. Unemployment The Committee is concerned about the high level of unemployment, especially among young people who cannot get training to help them find a job.

Recommendations of the Committee â– The Government should review its employment policies and develop a plan to increase youth employment. â– The Government should improve its job training strategy. Employers' and workers' groups should be consulted and allowed to provide their ideas on ways to improve the Government's job training strategy.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

19

16. Minimum Wage The Committee is concerned that the minimum wage only applies in the garments industry and that the wage is set too low.

Recommendations of the Committee â– The Government should establish a minimum wage for all workers in all industries that is high enough to allow workers and their families to enjoy an adequate standard of living.

20

Realising Economic, Social And Cultural Rights In Cambodia | 2009

17. Safety of Trade Union Leaders The Committee is very concerned about the assassination of leaders of the Free Trade Union of Workers, death threats to other trade union leaders, and a failure to properly investigate the assassinations and death threats.

Recommendations of the Committee â– The Government should take all necessary steps to make sure that the trade union rights of workers are respected and that trade union members are not attacked or intimidated when conducting their activities.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

21

VI. Children and Trafficking 18. Child Labour The Committee is concerned that child labour continues to be a serious problem in Cambodia and that the law prohibiting child labour is not enforced.

Recommendations of the Committee ■ The Government should take action to stop child labour and protect children from being forced to work or forced to have sex for money.

■ The Government should do this by: ▪ strengthening the law and increasing the number of labour inspections; ▪ imposing fines and prosecuting people for using child labour; ▪ training police, prosecutors and judges appropriately; ■ The Government should provide access to education for former child workers.

22

Realising Economic, Social And Cultural Rights In Cambodia | 2009

19. Prevention of Trafficking The Committee is concerned that an estimated 400 to 800 Cambodian women and children per month are trafficked to foreign countries where they are forced to work or forced to have sex for money. The Committee is concerned that very few traffickers are prosecuted.

Recommendations of the Committee ■ The Government should take action to prevent trafficking, especially of women and children.

The Government should do this by: ▪ convicting offenders; and ▪ training police, prosecutors and judges on the anti-trafficking laws.

■ The Government should provide medical, legal and psychological support for victims.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

23

VII. Disabilities 20. National Law on Rights of Person with Disability The Committee was concerned that there was no law in Cambodia that made discrimination against people with disabilities illegal.

Recommendations of the Committee â– The Committee recommended that the Government should adopt the draft national law on the rights of persons with disabilities.

Action by the Government â– In July 2009, the Government adopted the Law on the Protection and the Promotion of the rights of the persons with disabilities, so this recommendation has been adopted.

24

Realising Economic, Social And Cultural Rights In Cambodia | 2009

VIII. Health 21. Women’s Health The Committee is concerned that the rate of women dying from problems related to pregnancy or child birth has not decreased for a long time. Only 22% of women gave birth in a hospital or health clinic. This was due to barriers such as fees, a shortage of midwives and the fact that most health centers do not operate 24 hours a day, 7 days a week. The Committee also noted that abortion rates are increasing and unsafe abortions contribute to the high rate of deaths related to pregnancy or child birth.

Recommendations of the Committee ■ There should be midwives in all health centres around the country.

■ Midwives should be provided with accommodation and living allowances.

■ There should be improved training and service delivery so that the Law on Abortions can be properly implemented.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

25

22. Mental Health The Committee found that there are high levels of mental health problems and that no services providing treatment for people suffering from mental health problems are available.

Recommendations of the Committee â– The Government should create a mental health law and plan. â– The Government should make sure that people with mental health problems are not sent to prison.

26

Realising Economic, Social And Cultural Rights In Cambodia | 2009

IX. Education 23. Primary School The Committee notes that more children are now going to primary school, but it is concerned that primary education is not compulsory in Cambodia. The Committee is concerned that many children from ethnic minorities who do not speak Khmer do not go to primary school.

Recommendations of the Committee â– The Government should make sure that Cambodian children whose first language is not Khmer can still go to school.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

27

24. Teachers Salary The Committee is concerned that teachers receive lower earnings than other people who work for the government or labourers. This affects on the quality of teaching and learning.

] Recommendations of the Committee â– The Government should increase teacher salaries and make teachers' roles, rights and responsibilities clearer. â– The Government should increase spending on all levels of education, especially basic education.

28

Realising Economic, Social And Cultural Rights In Cambodia | 2009

X. Other Recommendations 25. National Human Rights Body The Committee is concerned that Cambodia does not have an independent national human rights body.

Recommendations of the Committee ■ The Government should increase its efforts to establish a national human rights body.

■ The national human rights body should: ▪ ▪ ▪ ▪

protect and promote human rights; be independent from the Government; meet international standards; and be given adequate financial resources so it can do its job properly.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

29

26. General Recommendations The Committee also made some general recommendations on future improvement of the enjoyment of economic, social and cultural rights.

Recommendations of the Committee ■ The Government should provide enough money to ensure people enjoy economic, social and cultural rights, especially the poorest and most vulnerable individuals and groups.

■ The Committee's recommendations should be circulated widely among all sectors of society.

■ The Government must outline its progress in implementing the Committee's recommendations in its next report to the Committee. The Government's next report is due by 30 June 2012.

■ The Government should work with non-governmental organizations and other members of civil society to make its report.

30

Realising Economic, Social And Cultural Rights In Cambodia | 2009

XI. What can community groups so about this? Here are some ideas.

All of these recommendations were made by the UN Committee on Economic, Social and Cultural rights to the Government to improve respect for human rights in Cambodia. Communities and NGOs have a role to play in encouraging and helping the Government to implement these recommendations.

■ Communities can discuss these recommendations and think about what they mean to them and how they would like to see the Government implement them. They can also decide what they can do to help implement the recommendations.

■ Communities can make a plan to help the Government implement the recommendations and try to meet with local government officials or national authorities to discuss their plan.

■ Communities can talk to the media about their plan.

■ Communities can be involved in making the Government’s next report to the UN Committee on the human rights situation in Cambodia. This report is due by 30 June 2012. As part of this process, communities can also help NGOs and other civil society groups make their separate reports to the UN Committee.

■ Communities can monitor the Government’s implementation and respect for these human rights.

XII. Monitoring Economic, Social and Cultural Rights ■ Monitoring economic, social and cultural rights is an important way of making sure that human rights are respected. Information that is gathered can be used to approach the government or in reports to the UN on the human rights situation in Cambodia. Here are some suggestions on how you can monitor human rights: ■ Communities can keep a record of any human rights violations that occur within their communities. For example, if a company is polluting a lake which affects a community’s water source, a record should be kept of how often the polluting occurs, what the pollution looks like, what impacts this has on the community and how many people have become sick as a result of the pollution. Another example is, if a family member or member of the community is intimidated, threatened or beaten by government officials, details of when and how it happened, contact details of any witnesses and if possible, photographs of any injuries, should be kept. Specific individuals in the community could be nominated to keep the record.

■ Communities can inform local NGOs if human rights violations have occurred and ask the NGOs to keep a central database or record of the violations. This information can also be sent to the UN and embassies of other countries that give money to Cambodia.

■ Communities could conduct surveys to get accurate information on the situation of a specific economic, social or cultural right in their community. For example, a community could collect information on how many families do not have access to clean water in the community, how many children cannot attend school, or how many women were not able to get assistance from a midwife during child birth.

Realising Economic, Social And Cultural Rights In Cambodia | 2009

31

XIII. Difficult Terms The Constitutional Council is a group of 9 people appointed by a combination of the King, the Supreme Council of the Magistracy and the National Assembly. Its role is to make it clear what each part of the Constitution of Cambodia means. It is also responsible for making sure that Cambodian laws do not violate the Constitution. This is because the Constitution is the highest law in Cambodia and any laws which conflict with what the Constitution says are not allowed.

Economic land concessions are areas of land which the Government gives to individuals or private companies for the purposes of agricultural or industrial development on the land, such as plantations.

Gender stereotyping occurs when people expect a man or woman to act in a certain way or play a certain role in the family or society, just because they are a man or a woman. For example, it is gender stereotyping to expect that a woman only has the skills to cook, clean, raise children or work in the home.

It is also gender stereotyping to expect that a man should be the head of the family and make all the decisions which affect his family.

National Housing Policy is a plan created by the Government which specifically focuses on improving the housing situation in Cambodia. It can include a plan to improve the conditions of people’s houses, improve access to credit so that people can improve their own housing, make housing available for people who are homeless, address future housing needs and ensure protection against forced evictions. It provides guidelines on what action needs to be taken and what laws need to be made by the Government in order to achieve the Government’s housing plan.

Protected zones are areas of land which are protected by the law from development such as construction or infrastructure projects, agricultural activities or logging. Examples of protected zones are some forests, coastal areas, fish habitats and wilderness areas.

32

Realising Economic, Social And Cultural Rights In Cambodia | 2009