Question 1:

TO THE QUESTIONS BY UNITED NATIONS
THE IMPLEMENTATION OF CEDAW
IN CAMBODIA
APPROVED BY THE ROYAL GOVERNMENT OF CAMBODIA
ON (DATE)
ON THE RESULTS OF THE INTER-MINISTERIAL MEETING AT
THE COUNCIL OF MINISTERS ORGANISED BY CNCW
General
1. The Cambodian National Council for Women was established in 2001 by Royal Decree
NS/RKT/0201 dated 14 February 2001 with:
Samdech Prime Minister as the Vice-President Minister of Women's Affairs as the President The Cambodian National Council for Women is responsible for the preparation of the reports on the implementation of CEDAW to be submitted to the United Nations. In order to prepare the reports, the National Council has formed a working group comprised of the line ministries: the representative from the Ministry of Justice, the Ministry of Education, Youth and Sports, the Ministry of Interior, the Ministry of Health, the Ministry of Social Affairs, Veterans and Youth Habilitation, the Ministry of Foreign Affairs and International Cooperation, the Ministry of Rural Development and the Ministry of Women’s Affairs. The process of the reporting preparation was technically supported by the United Nations High Commissioner for Human Rights in Cambodia through providing a consultant to directly guide and lead the working group. The draft report was finished in 2003. The draft report was consulted with the civil society, the national and international NGOs who are working in areas related to women, for their comments. After that, the draft report was submitted to the Council of Ministers for consideration and approval on October 03, 2003. Following the approval by the Council of Ministers, the report was translated into English and posted to the United Nations. The report was not submitted to the National Assembly because this is not required by the Constitution of Cambodia. Committee for Human Rights in Cambodia (CHRC) is the government’s human rights body whose role and responsibility as follows: - Protecting and promoting the exercise of human rights, democracy in Cambodia, and monitoring the violation of human rights and complaints. - Educating and disseminating to the public and targeted groups on human rights. - Providing comments and recommendations to the Royal Government on the situation of human rights towards the improvement in the light with the Constitution, domestic laws and international conventions. - Work in cooperation with the Cambodian National Council for Child Right and the Ministry of Women's Affairs which are bodies responsible for child and women's rights. This committee is not responsible for the reporting preparation on the implementation of CEDAW but the Committee took part in monitoring the draft report and gave ideas to the government for consideration. Articles 1 and 2
2. Please clarify the precise status of the Convention in the domestic legal system and
specify if the Convention has been used in court cases and whether standards under the
Convention have prevailed over domestic laws.
Constitution of the Kingdom of Cambodia is the basic and enlightening law. All national
laws are required to be consistent to and respect the principles of the Constitution.
Article 31, paragraph 1 of the Constitution of the Kingdom of Cambodia states that “The
Kingdom of Cambodia shall recognize and respect human rights as stipulated in the
United Nations Charter, the Universal Declaration of Human Rights, the covenants and
conventions related to human rights, women’s and children’s rights.’ According to the
above shows that human rights stated in Article 31 paragraph 1 are accepted and
guaranteed by the Constitution of the Kingdom of Cambodia. Therefore, all provisions
accepted and guaranteed by the Constitution shall be respected and adopted as the
principles for the implementation in the Royal Government of Cambodia.
In practice, national laws do not clear state what principles should be based while dealing
with some cases in the court. However, the principles are stated in the convention in stead.
In this case, the court uses the principles in the convention as a base.
In general, the standard of the Convention is widely applied in the Royal Government of
Cambodia and relevant conventions recognised by the Constitution are used as a base in
the drafting of laws. This is to ensure the consistency between national laws and the
conventions.
3. In particular, please specify if there are complaints mechanisms, remedies and sanctions
to prevent discrimination against women and how the application of laws prohibiting
discrimination is monitored.
While the definition of the term “discrimination against women” is recognized and used in
laws and legal documents, in practical action there are some loopholes on all fields. In
particular, on the construction fields female workers doing men’s work always receive
lower wage than male workers.
Such case is not a general one. It happens only on the site with irregular work and daily
payment. If this case is deeply examined, such doing is not on the discrimination basis but
on the yield of women’s work that has weak labour and low work yield, therefore getting
low payment. Such case is also applied to those male workers who have weak labour.
If in large enterprises with regular work, there is no different payment between men and
women for doing the same work. The Royal Government of Cambodia has been taking
efforts to eliminate gaps which might occur in such cases of similar work but different
payment through educating: women to be aware of values of their work which should be
equal paid with men's, employers to be aware of the equal rights between men and women
in all fields.
In the Kingdom of Cambodia, besides the court there is no any other complaint, remedy
and sanction mechanism to prevent discrimination against women.
4. Please provide an update on the status of the Draft Criminal Code, Code of Criminal
Procedure, the Law on Suppression of Kidnapping, Trafficking/Sale and Exploitation of
Human Persons, the Draft Law on the Prevention of Domestic Violence and the Protection
of the Victims, and the Law on Foreign Adoptions. The status of some draft laws as
follows:
- The Draft Criminal Code has already been submitted to the Council of Ministers. At present, it is being prepared for the inter-ministerial meeting. - The Draft Criminal Procedures have already been submitted to the Council of Ministers, which is being discussed in the inter-ministerial meeting. - The Draft Law on Suppression of Kidnapping, Trafficking/Sale and Exploitation of Human Persons has been submitted to the Council of Ministers and passed the inter-ministerial meeting, but the Ministry of Women's Affairs requested to add one point. Then once it is agreed, it will be submitted to the Council of Ministers for approval. - The Draft Law on Foreign Adoptions was submitted to the Council of Ministers. The specific time frame for adopting the above draft laws cannot be identified because it depends on the time frame of the National Assembly. - The Draft Law on the Prevention of Domestic Violence and Protection of the Victims was adopted by the National Assembly on 16 September, 2005 and adopted by the Senate on 29 September 2005.
Articles 1 and 2
5. Please specify the powers and the responsibilities of these three bodies, how their
functions are coordinated and how they are supported by structures at the local level.

Ministry of Women's Affairs has 184 staff (138 women and 46 men) at the national level
and 695 staff (636 women and 59 men) at provincial/municipal level in the country's 24
provinces/municipalities. In 2005, the Ministry received national budget amounting to
7.020 million riels for staff salary at the national level, running costs and office
equipment/supplies. Some budget was allocated for financing the Women in Development
Centers at provincial/municipal level to provide training for women and girls in poverty
and hardships.
The Ministry of Women's and Veterans' Affairs (MoWVA) is the national institution
established in 1993 with the role and responsibilities to lead and manage all women's
affairs in the Royal Government of Cambodia and serves as the state's headquarters to
assist the Royal Government of Cambodia in implementing national policies to ensure that
women enjoy the same benefits as men and to promote the status of women and protect
the interests and rights of women in the Kingdom of Cambodia. The Ministry of Women's
Affairs acts as a catalyst and coordinator with the various Government institutions, civil
society organizations and donor community for women's development by mainstreaming
gender into the policies and programs of those institutions.
CNCW is the inter-ministerial mechanism created to facilitate and give recommendations
to the Royal Government of Cambodia on issues relating to the promotion of the status,
roles and social well-beings of women in Cambodia, seeking to eliminate all forms of
discrimination and violence against women. Its responsibilities are as follows:
• Assist the Royal Government of Cambodia in facilitating, monitoring and evaluation and making recommendations to support and encourage the implementation of national policies, laws, regulations and measures related to the promotion of the status and well-beings of women in Cambodia. • Assist the Royal Government of Cambodia in monitoring the implementation of international treaties, which are related to women's rights, and the implementation of national laws on the fight against human trafficking and sexual exploitation, prevention of domestic violence and the protection of the victims and other regulations related to women in order to make recommendations or advocate for amendments to the laws based on practical circumstances to improve the situation of women. • Coordinate the writing of the Government's report on the implementation of CEDAW in Cambodia, review, comment and submit the report to the government for consideration and approval before sending it to the United Nations. • Monitor and promote gender mainstreaming into national policies and development programs of the Royal Government of Cambodia. Committee for Human Rights in Cambodia (CHRC) helps the Royal Government promote, protect, develop and advance human rights in Cambodia, and prepares human rights reports for the government to submit to the United Nations. The evolvement of reports on human rights to the United Nations has changed as mentioned in question 1. Firstly, an inter-ministerial committee led by the Ministry of Justice was responsible for writing all human rights reports, including reports on women's and child's rights. - Following the establishment of the Cambodian National Council for Children (CNCC) the Child's Rights report was the responsibility of CNCC. - After the Cambodian National Council for Women (CNCW) was established, the reports on women's issues (CEDAW) were the responsibility of CNCW. - Other human rights reports, after CHRC was established, were prepared by CHRC. Those included: - Report on the implementation of the Covenant on Civil and Political Rights - Reports on the implementation of the Covenant on Economic, Social and Cultural - Reports on the implementation of the Covenant on anti-torture - Reports on the implementation of the Convention on the Elimination of Racial The Committee for Human Rights in Cambodia has no structure at provincial/municipal level. The powers and responsibilities of CHRC are to assist the Royal Government of Cambodia in improving the exercise of human rights, to communicate and collaborate with CNCC, MoWA and CNCW to strengthen and promote child's and women's rights.
6. Please indicate whether an evaluation of the 5 year Plan 'Neary Ratanak' that focuses on
building women's capacity through education, health, legal protection and economic
development (p.23) has been undertaken, especially with a view to assessing the impact of
gender mainstreaming in all sectors, and if so, kindly provide information on the results.

The Ministry of Women's and Veteran's Affairs (MOWVA and now MoWA) developed
its first 5-year Strategic Plan "Neary Rattanak". This plan focuses on capacity-building for
women through education, health sectors, legal protection and economic development.
At the Ministry's Congress held in April 2003, in which representatives from national and
provincial/municipal levels gathered to wrap up and evaluate the implementation of the 5-
year plan "Neary Rettanak", the congress identified strengths, weaknesses and
constraints and set targets for the future. As a result, with regard to health sector, the
Ministry implemented reproductive health program by selecting 8 provinces and 70
districts involving 800 volunteers. In this program, women were provided with training to
keep them informed of counseling service and support materials for women at
reproductive age (15-49 years old). Based on positive results, women and girls were aware
and exercised their rights related to access to healthcare service and fundamental
knowledge of basic health, particularly reproductive health and the prevention of HIV.
Furthermore, women gained knowledge of maternal and child's care to cut down the
maternal and child's mortality rate and of emergency obstetric care, especially in rural
area.
In education sector, women and girls enjoyed full access to education of all level and skills
to become an active human resource in the society. Remarkably, data on gender and
education of women and girls in both formal and non-formal sector have been developed
and used. At the community level, the knowledge of the importance of girls and early
childhood care and education has also significantly increased. The number of female
students, who enrolled at primary education through higher education, and the retention in
class have progressively risen. Literacy and non-formal education program for women and
girls has been boosted and highly focused.
Regarding the area of legal protection, it is ensured that women and girls have access to
legal protection with equality and equity and that women's rights is accounted for in law
making, law implementation, law training and education. Achievements made so far
include the training for the staff of MoWA and women from relevant ministries regarding
the laws on the suppression of trafficking in women and children, violence against women
and children and the further improvement of their knowledge and understanding over legal
matters. Moreover, thanks to good cooperation between the Ministry of Women's Affairs,
Civil Society Organizations and NGOs, the data related with the violence and
discrimination against women and children have been developed.
In the economic field, women enjoy equal access to economic resource and equal rights to
participate in the economic development to alleviate poverty. This produces significant
results in that women learn to take responsibility and courageously make decision to
choose their own businesses.
Women are aware of credit capacity, market business enterprises, agriculture, fishery, etc.,
which enable them to organize businesswomen groups and businesswomen community.

With regard to capacity-building, the Ministry chose the capacity-building in leadership,
self-confidence and legal knowledge. Meanwhile, there were also advocacy campaigns to
lobby the senior leaders of top-level institutions and decision-makers at all levels to
support the implementation of the various policies and programs to promote women's
status, position and roles towards equality and equity in the Cambodian society.
Based on the abovementioned outcomes, gender mainstreaming and gender knowledge
into and of the priority areas described above have increased among the national and local
levels. However, although gender mainstreaming is the policy of the Royal Government of
Cambodia, understanding and support of gender mainstreaming into its policies and
programs is limited among some line ministries.
Article 3
7. Please indicate to what extent the Convention was taken into account in this Strategy,
and describe how implementation of the Strategy and impact on gender equality is
monitored. Also indicate whether civil society and in particular, women's groups,
including women from ethnic minorities and from indigenous populations, were consulted
during the drafting and monitoring of this strategy.

Of course, the Ministry of Women's and Veteran's Affairs (currently referred to as
Ministry of Women's Affairs) was actively engaged in the process of formulating the
2003-2005 poverty reduction strategy and made special efforts in incorporating gender
into the national sectoral policy such as the Socio-economic Development Plan II 2001-
2005 because closing gender gaps is a key factor contributing to poverty reduction.
- In this process, the Ministry used CEDAW provisions regarding education, health and economy, social development, land and legal protection and employment to integrate into those documents. - With this effort, the World Bank commended that the National Poverty Reduction Strategy is the most gender responsive paper. - The Royal Government of Cambodia has created the Council for Social Development (CSD) to monitor the implementation of the Cambodian Millennium Development Goals. - In order to measure and evaluate the implementation of National Poverty Reduction Strategy (NPRS) and Cambodian Millennium Development Goals, Ministry of Women's Affairs, in collaboration with all line ministries and with supports from UNIFEM, WB, ADB, and DFID/UK, developed and produced "A Fair Share for Women/Cambodia Gender Assessment". - In late 2004, in order to facilitate for the monitoring and evaluation, the Royal Government of Cambodia combined the Socio-Economic Development Plan (SEDP) with the National Poverty Reduction Strategy (NPRS) to harmonize with CMDGs. The Ministry of Women's Affairs has already mainstreamed gender issues into this important document. Civil Society Organizations and Women's Groups participated in the formulation of the 2003-2005 poverty reduction strategy and the 2001-2005 Socio-Economic Development Plan. This process included consultative meeting organized by the Ministry of Women's Affairs
and NGOs in four provinces, in which women's groups also participated, and women's
participation in the national consultative forums and workshops. Regarding the
consultative meeting focusing specifically on minority groups, we have had no ability and
means to start yet.
Article 4
8. Please provide information on the efforts to implement temporary special measures to
accelerate de facto equality between women and men, in accordance with the Committee's
general recommendation 25.

The Royal Government of Cambodia pays lots of attentions on the protection of women
human rights to ensure for equal rights between men and women in all sectors.
In order to achieve this target, the Royal Government of Cambodia has also made special
efforts to enhance women for the equal rights. Therefore, the Royal Government of
Cambodia would like to indicate the implementation of some measures in education sector
in order for Cambodian women to have access to the education as follows:
• Scholarship for female poor students from rural areas, remote areas and the areas meeting difficulties, and ethnic minorities (total female students are 60,374 equivalents to 26.24%). This has been undertaken in 215 lower secondary schools in 17 provinces-cities from 2003-2004. • The elimination of informal expense of students’ parents or guardians at the basic education through budget increasing for school process by the government. • Priority for female newly-graduated teachers to choose the working posts; therefore avoiding working in the difficult or remote posts that might affect their own security. • Opportunity provision for female handicapped students to learn in the Handicap Children Center, offering scholarship and considerations on life, food and clothes. • The establishment of dormitories at the remote areas, rural areas and the areas meeting difficulties (there are three dormitories in Mondulkiri province). There are nine dormitories in Higher Educational Establishments and one in Kompong Chher Teal High School to give opportunity for female poor students to obtain education at General Knowledge Schools (1,083 students equivalent to 30.04%) and at Higher Education (282 students equivalent to 40.63). • In all Teacher Training Schools in the 18 provinces-cities, the 6 Regional Teacher Training Centers and the Central Kindergarten Pedagogy High School, there are dormitories for female pedagogy students (1,091 students equivalent to 42.66%) from poor families from the remote areas, rural areas and ethnic areas. • The Government has implemented the supportive principles, in particular for the Article 5
9. Please indicate whether the Government has put in place, or plans to adopt, a
comprehensive strategy - which also targets indigenous women, women from rural areas
and ethnic minority groups - to eliminate stereotypes that discriminate against women, and
any progress achieved in its implementation.

The Royal Government has noticed that in the Cambodian society in the earlier century of
Preah Neang Soma or Neang Neak era, a state and Norkor Phnom Civilization were
established as the First Civilization in the Southeast Asia Land. From that era on,
Cambodian society has followed the Matriarchy to enhance women as superior, and this
regime has so far influenced the Khmer language, tradition, education and social leaders.
For example, the word Country is called Meatophom (Village of Mother) in Khmer
language; for Khmer tradition, men have to propose marriage to women; for education,
Khmer uses a prefix “Me-” (Mother) such as Merean (Lesson), Mesot (text or lesson to be
memorized) and so on; and for social leaders, a prefix “Me-” (Mother) is also used such as
Mesrok (District Governor), Mekhom (Communal Leader) or Mephom (Village Leader).
The implementation of Matriarchy resulted in social development since the era of Norkor
Phnom, Chenla and until the Ankor period. Hence, Khmer tradition does not discriminate
against women in the family and society, and there is no any enhancement of men as
superior.

The present occurrence of discrimination against women is not resulted from the Khmer
past, but can be resulted from the foreign cultures and civilizations. The stigmatization of
women means the stigmatization and defacement of Khmer culture. The problem
Cambodia suffers charging with discrimination against women is likely due to a lot more
instabilities and confusions than stabilities in the country since the collapse of Ankor era
until the end of twentieth century, which caused insecurity, violence, fears, poverty,
separation and escape resulting in the illiteracy among both sexes, especially most of
women.
The policy of the Royal Government, through its ministries, on the discrimination against
women is to implement “Peacefully Cultural Social Development” policy to make Khmer
new generations understand their real culture and tradition in line with other nations’
cultures so that our country will be in peace forever and enable Khmer women have access
to education and right to employment. Khmer culture is a culture to enhance women and a
culture of peace. Peace and poverty reduction is the only source of right to education.
Through the implementation of peacefully cultural social development policy, women
have increasingly enrolled at the Royal University of Fine Arts. In 2005, there are 211
females (18%) of the 1,186 graduates, i.e. more females than in 2004. The Royal
Government has encouraged the private sector to invest in the weaving handicrafts for
women in poverty and need. At present, the weaving handicrafts are increased in Siem
Reap, Kompong Cham, Prey Veng, Kandal, Takeo, Battambang, etc., which is the source
of employment for women, in particular poor women. For ethnic women in Rattanakiri
and Mondulkiri, the Departments of Culture and Fine Arts in both provinces have also
encouraged for the ethnically traditional weaving handicrafts so as to create jobs for them
In the future, the government is going to keep implementing the peacefully cultural social
development policy aimed at turning the Kingdom of Cambodia into Khmer Culture
Dissemination Center in order to give equal education between women and men, jobs for
women and for poverty alleviation in Khmer society.
• Under the strategy to extend schools closer to their houses since 2001, there are 6,742 schools in the rural areas and 546 schools in the remote areas (female poor students from the remote areas, the areas meeting difficulties and ethnic minorities). The Ministry of Education, Youth and Sports has set up a policy “One Commune, One Lower Secondary School”, and each district has at least one Upper Secondary School or has to transform the existing primary school into lower secondary school in order to avoid the drop out of poor students due to being away from schools or insecurity. • This can help female poor students to delay their arranged marriages and they can move from one study village to another study village. • Increasing the number of female teachers by recruiting female students from the rural areas, remote areas and ethnic minorities through condition reduction from 12+2 (complete grade 12 and 2-year training) to 9+2 (complete lower secondary school and 2-year training) as well as priority for female candidates from those areas to be teachers. Female teachers are 39.54% of all since 1993. • At schools, female bathroom is separated from male bathroom. • Female school principals or vice principals and female leadership are increased • This policy is actively implemented by other ministries.
Article 5
10. Currently, the draft anti-domestic violence law has become a fully-fledged law.
The draft law on the prevention of domestic violence and protection of the victims was
once submitted to the plenary session of the National Assembly for consideration in 2003.
But, later on, considering the recommendations by the National Assembly and civil
society organizations, this draft law was revised, giving more priority to education other
than imposing penalty.
The draft law on the prevention of domestic violence and the protection of victims was
passed by the National Assembly and the Senate in September 2005 and came into force
October 24, 2005. This law aims specifically to prevent all forms of domestic violence and
protect the victims. It covers physical, mental and sexual violence as well as economic
violence. Husband, wife and dependant children are protected under this law. Moreover,
this law applies to those who live under the same house and are dependant on the same
family.
In order to give an effective protection, this law creates new measures such as
administrative decision, which can be made by local authority in order to guarantee urgent
security for the victim while domestic violence happens or is likely to happen. This law
allows the judge to issue the protection warrant, which in the first step lasts two months,
and if there are other requests, lasts six months.
Cambodian Law on Marriage and Family allows the court to issue a warrant called
"conjugal bond breakage order". However, this measure can be applied only when the
request for divorce is made. The victim of domestic violence, who does not want to file a
divorce complaint, will not be able to receive an effective protection under the current
legal framework of Cambodia.
This law requires the competent local authority to disseminate all information with respect
to the provisions of this law in order to raise public awareness of domestic violence and all
forms of legal protection throughout the country. This law also provides for the
cooperation between the Ministry of Women's Affairs and other institutions and the
training for officials and civil society organization officers working in this area.
This law is not aimed to separate any family. Instead, it will uphold the value of
Cambodian families, minimize domestic violence as much as possible and guarantee
safety for Cambodian families. However, any domestic violence case found to be a
criminal offense will be punished in accordance with the criminal law in force in the
Kingdom of Cambodia.
At every stage of writing the draft law since 1996, non-governmental and civil society
organizations always participated. Many of their recommendations have been included in
this law.
11. The Ministry of Women's Affairs discussed developing the National Strategic Plan by
involving line ministries and civil society organizations for the implementation of the law
on the prevention of domestic violence and the protection of victims. This strategic plan
has three main components: 1) dissemination of the law, 2) providing service for the
victims, 3) training for the law enforcement officials. Currently, the law on the prevention
of domestic violence and the protection of victims is being implemented. So, the strategic
plan will be reviewed and need to add one more component regarding the prevention of
domestic violence. Data on violence against women are being collected. The Ministry of
Women's Affairs is yet to have mechanism for data collection. With the implementation of
the law on the prevention of domestic violence and the protection of victims, the Ministry
of Women's Affairs collects data through the commune councils. In addition, the Ministry
will collect data from the Ministry of Justice and the Ministry of Interior in order to
develop the national statistics on violence against women as mentioned in CMDG.
Article 6
12. Please indicate whether a specific programme is in place aimed at reducing the
prevalence of HIV/AIDS amongst this group of vulnerable women, and if not, whether
there are any plans to establish such a programme.

I- Impact of the 3-step approach to prevent and suppress trafficking in women and
girls:
The Ministry of Interior's measure of the 3-step approach to prevent and suppress sexual
trafficking has impacts in the following:
1- Impact of the implementation of operative procedures by police officers to
prevent and suppress trafficking in women and girls:
- True identification of the victims and perpetrators of trafficking in women and
girls
- Many women and girls have been rescued. The perpetrators together with their
organized rings both within and outside the country have been cracked down and
their cases have been sent to the court. Meanwhile, some commercial sex parlors
have been identified and legal actions have been taken.
- Police's crackdown operations have made those elements that used to traffic
women and girls and some commercial sex businesses suspend their activities or
change the businesses.
- Because of correct implementation of operative procedures by the police, the
court's proceedings for the trial of human trafficking and sexual exploitation cases
run more smoothly.
- Gained confidence from the local communities, institutions, civil society organizations and people in the police authority and agents regarding their involvement in the suppression of human trafficking and sexual exploitation. • The abovementioned actions taken by the police result in the reduction of trafficking in women and girls in Cambodian society. 2- Impact of the awareness raising of sexual exploitation in the prevention and
suppression of sexual trafficking:
- Out of the three steps, this is considered important with direct impact on the
prevention of trafficking in women and girls.
- Actual activities are focused on the dissemination of law, relevant legal standards
and the situation that has occurred to the local communities, education centers and
those who are more vulnerable to trafficking.
- Make people at all strata, especially women and girls, who are more vulnerable,
aware of the situation, activities, tricks and risks as well as consequences of
trafficking and alert and careful to protect themselves against trafficking.
- Make people at all strata aware of law and various measures to prevent, suppress
and contribute to the implementation of laws to reduce trafficking in person.
3- Impact of the in-depth training on investigation techniques for Phnom Penh
Municipal police, prosecutors and judges
The in-depth training on investigation techniques for Phnom Penh Municipal
police, prosecutors and judges being a key approach to build up foundations for
operations and efficiency in implementing the operative procedures for the
prevention and suppression of human trafficking has increased.
- This training has helped our police learn and improve their capacity to take
actions based on the procedures.
- This training has made the process of implementing the procedures more
consistent between police, prosecutors and judges and they share views and
understanding on the collection of information and evidence to charge the
perpetrators.
- The in-depth training on investigation techniques for police, prosecutors and
judges followed by the implementation of the first step in Phnom Penh
Municipality has produced satisfactory result. The lessons learned were further
passed on to 11 more provinces/municipalities by organizing two courses with 60
participants in total.
• While having impact on human trafficking and sexual exploitation the 3- step approach measures described above have made the law enforcement officials deeply understand the situation of the victims who need rescue and rehabilitation. In 2004 and 2005, 656 girls victimized by sexual trafficking were rescued and 369 Thai
women victims of labor trafficking and 189 vulnerable women were accepted. A total of
1,969 women victims of sexual trafficking and beggars from Vietnam were reintegrated
into their communities.
Rehabilitation of the victims of human trafficking includes:

- Education, vocational training for those victims so that they can have clear occupation in the society to ear a living for their daily life such as training in sewing, hear-dressing, cosmetic and cooking skills.etc., - Provide them with reproductive health education, HIV/AIDS education and - Educate and train them in human rights, particularly women's and child's rights
These activities have been developed in collaboration between the Ministry of Social
Affairs, Veterans and Youth Rehabilitation and the various NGOs such as AFESIP, IOM,
UNICEF and CWCC (Center for Women in Crisis of Cambodia).etc.,
II- Activity regarding the collection of information on human trafficking in
Cambodia

The Ministry of Interior has made strong efforts by taking subsequent measures to collect
information on human trafficking in the following:
- Established the Department of Anti-trafficking and Protection of the Minors (based on the sub-decree No. 40SD dated May 13, 2002) with four specialized bureaus under its control - Established specialized bureaus for anti-trafficking and protection of the minors under 17 provincial/municipal police commissariats and organized specialized units for anti-trafficking and protection of the minors under 7 provincial/municipal police commissariats - Set up 2 hot line connections: one is connected to the Department of Anti- trafficking and Protection of the Minors and the other is connected to Siem Reap Provincial Police Commissariat with 24 hour service to receive urgent information online. - Organized police officers on duty to receive complaints from the people - Organized investigation and intelligence officers/agents to collect information • Within two years (2004-2005), police received complaints both online and by the
people up to 812 cases in total, 773 of which were carefully investigated and cracked
down. The police rescued 1,381 victims in total (aged 18 and above 890 and under 18
491) and arrested 832 perpetrators in total and sent to the court for punishment
according to the laws in force.

Article 6
13. In Cambodian criminal law system, including the anti-trafficking law, there is no
provision allowing for the punishment of perpetrators of human trafficking. Report by the
Special Rapporteur on violence against women, who raised this matter, might contain
some uncertain perceptions and was likely to refer to the fourteen Vietnamese women,
who were rescued by the police and charged with illegal border crossings by the Phnom
Penh Municipal Court according to the immigration law. Whether those Vietnamese women were the victims of human trafficking or the violators of Cambodian immigration law and if they really violated the law we would like to describe some facts as bases for consideration. The police rescued those women from the brothel with the purpose to save them from sexual exploitation when all people of different walk of life and the police themselves regarded those women as the victims of sexual exploitation. But, unfortunately, those women confessed in front of the authority and the court that they were not trafficked into Cambodia from Vietnam and that they entered Cambodia with their parents, grandmothers and relatives secretly through a border passage without any official documents. When they arrived in Phnom Penh, they voluntarily went into brothels to serve as commercial sex workers to earn money. With such a case, a question can be asked if those women were the victims of human trafficking. In Cambodia, the law does not punish those who voluntarily go into prostitution business. The law just punishes the brothel owner only. Therefore, those women were not accused of being prostitutes. However, the case that those women could not avoid was secretly crossing Cambodian border without any formal documents, which was against the Cambodian Immigration Law. So, one can ask if those Vietnamese women should face the Immigration Law. In the Cambodia Law on the Suppression of Human Trafficking and Sexual Exploitation, there is no provision for the protective measures of the women victims as witnesses because the protection of witnesses in the criminal case is stipulated in Criminal Procedure and Criminal Law that punish those who harass the witnesses of the court case. The protection of victims of human trafficking as witnesses was raised as instructions for the relevant competent officials, particularly the competent police in training courses on trafficking in person. The measures to ensure that trafficked women are not re-victimized by the criminal justice system are: - Laws do not treat the victims of human trafficking as criminal offenders. Thus, - Train the relevant officials in criminal justice system such as police officials, prosecutors and judges to understand and precisely distinguish the victims of trafficking in person from illegal immigrants and human smuggling.
Article 7
14. Regarding the progress in implementing the activities to date, the Royal Government
of Cambodia has been working hard to encourage women to further participate in both
political and public life, including:
A- The implementation of gender mainstreaming policy is in progress in all ministries and those line ministries have also been developing their respective gender mainstreaming policy. Meanwhile, some ministries need technical assistance. These ministries are Ministry of Information, Ministry of Health and Ministry of Agriculture, Forestry and Fisheries. In response to this, the Ministry of Women's Affairs, in cooperation with UNDP, has dispatched Cambodian gender consultants to assist them in formulating their strategies. B- Development of Gender and Development Training Curriculum. We have developed two kinds of training. They are:
B-1: Training in ministries and institutions: the Ministry of Women's Affairs has
advocated and requested that gender focal points be formed in the ministries and
institutions where focal points are already available and have up to now been trained in
gender and development. In addition, the Ministry of Women's Affairs is working
together with those focal points and involving some NGOs in gender dissemination to
the ministries-institutions where those focal point work. Each ministry received one or
two training courses and each training course lasted 3 to 4 days. Regarding gender
dissemination to the members of parliament, the Ministry of Women's Affairs has
prepared invitation to those dignitaries for discussion on gender.
B-2: Dissemination of gender, gender and development to local communities and rural
area: the Ministry of Women's and Veteran's Affairs in collaboration with Seila
program (local development program) conducted outreach visits to disseminate gender
and development issue to the Commune Councils in all provinces/municipalities
throughout the Kingdom of Cambodia.
C- The Ministry of Women's Affairs incorporated 30% of female civil servants out of
total female civil servants into the governance of the second term of the Royal Government GAT-II (2004-2005).
Article 9
15. Article 33 of the Constitution as well as Article 6 of the Law on Nationality is in the
light with the Convention, stating Cambodian citizens shall not be deprived of their
nationality because of marriage to foreigners. Department of Statistics was established in
the Ministry of Interior to manage statistics of people in all municipalities/provinces. All
people are required to register for their family household, birth certificate and other legal
instruments. As an example, currently all kinds of population have been invited to register
at commune levels regardless their race, according to Sub decree No. 103 RNKR.BK
dated 29 December 2000 on legal instruments. Registration for birth certificates does not
require any condition if one was born in Cambodia and is living legally in Cambodia
regardless minority women, poor women including Vietnamese women.
Article 10
16. Although the Ministry of Education, Youth and Sports did not include the strategy on
illiteracy in the previous report, the government through only MoEYS has prepared for the
following solutions since 2000:
For this high illiteracy rate, the equivalent program has been operated through
complementary literacy programs; income generating programs by establishing and
processing community study centers, schools or private vocational training classes; life
skills improvement programs and family education programs for children development.
This is focused on the target group of 1,426 complementary students in all study villages,
of whom 371 are female; the target group of 48,695 illiterates aged from 15-45, of whom
32,335 are female; the target group of 4,858 not-going-to-school children, of whom 2,687
are female; and other target groups. As a result, 76,619 people are liberated from illiteracy, of whom 53,085 are female (Figure by MoEYS). MoEYS has implemented the literacy program for both sexes by establishing libraries, reading centers, mobile libraries in some provinces such as Kompong Tom, Siem Reap, Udor Mean Chey, Rattanakiri, Kompong Chhang, Kompong Speu, Takeo, Kandal, Prey Veng, Kratie. Besides the support by the government, this literacy education work is participated by many organizations. In order to resolve the high illiteracy rate amongst women, especially among indigenous women, women from rural areas, and women from ethnic minorities, MoEYS and Education Secretariat General For All have an action plan for 2006-2010: • Do research and statistics on female illiterates by areas (urban, rural, remote) • Establishment of more community study centers, reading centers, libraries and mobile libraries in the areas meeting difficulties and remote areas. • Monitor and improve school curriculum and literacy textbooks by mainstreaming gender, women’s rights, children’s rights, elimination of all forms of discrimination against women, domestic violence reduction, drugs elimination, and prevention of trafficking of women and children in accordance with the national culture and tradition and the policies of the government as stated in the above response to question 9. • Literacy program operation have included with easy vocations and life skills for
17. For 2004-2005 school year, MoEYS has improved the kindergarten curriculum by
including physical, mental and social education and gender mainstreaming to ensure for
non-discrimination education.
The primary and secondary curriculums incorporate the domestic work with son’s and
daughter’s roles giving help in the family work such as cooking, taking care of small
sisters/brothers, sewing, looking after the house, participation in family planning and life
skills education and so on.
Higher educational curriculum includes specialized skills training without any division of
vocational skills between men and women. When there is any study club or study tour,
students of both sexes are mixed up.
In the curriculum structure, there is mainstreaming and inclusion of human rights,
women’s rights, health education, prevention of HIV/AIDS, domestic violence, sex
trafficking, trafficking of children and women labor, drugs abuse and laws according to
the study subjects and sectors. There is gender mainstreaming in each study subject based
on the contents learned from NGOs.
18. Girls and young women of ethnic minorities and of poor families have obtained
education at all levels. These females are the special target group in the 2002-2006
strategic action plan of the Ministry of Education, Youth and Sports as follows:
• The implementation of the scheduled decentralization. • Priority for recruitment of the existing female student resource in the ethnic areas, poor areas and rural areas to be teachers so as to ensure for education. • Turning schools into children schools of love. • Processing the supplementary classes and snack offering at schools in poor areas. MoEYS has built new schools and new classrooms in the areas that do not have all-level
schools, and also built dormitories for on-duty teachers in the remote areas and the areas
meeting difficulties.
19. To solve the problem causing the dropout of girls, MoEYS and the partnership
international organizations have offered scholarships and nutrition for poor students, and
given teacher’s books at all levels for basic education. Communal councils, in particular
village chiefs are a very important catalyst to encourage parents to send their children to
continue and complete their studies. MoEYS continues eliminating the informal expense
of students’ parents or guardians through budget increasing for school process. The
establishment of village student groups, detection of the perpetrators of sex trafficking,
children labor trafficking and sexual rapists are the tasks that have been undertaken by
communal councils to ensure the security for female students to go to and come home
from schools in the target areas (remote, rural and ethnic areas). Female weak students
have been encouraged by offering supplementary classes with flexible study time. MoEYS
has built some dormitories in the remote areas for female students in poverty (under the
article 4). The communal councils in cooperation with provincial/municipal departments
of agriculture and NGOs have planned to conduct the easy vocational skill training courses
such as vegetables growing, animals raising and fish rearing in order to generate their
income and give small scale credit to their people.
20. In order to disseminate the family planning to girls and boys in schools, teachers have
taught how to make and implement small and easy plans based on the need of resource,
specific possibility and the decision of the family and practitioners. The first step is to ask
the students to find out the specific situation, analyze the reasons of each requirement and
prioritize them. The second step is to set up a plan identified with clear objectives, work
size, actions, date, duration, implementing methods, means, process, persons responsible,
monitoring participants, evaluation, compilation of experience materials, report and
dissemination. The third step is to implement the established plan.
The process of the above work is discussed between school principal, teachers and
community; between teachers and students; between students, parents and family members
by reporting to teachers and classmates every Thursday.
For sex education, MoEYS has processed it together with the education programs on
HIV/AIDS, STIs, sexual health, drugs and life skills through conducting one-day training
workshop at provincial level with the target provincial and district governors, all
departments in the province, skilled offices and monks. Five-day training workshop for the
district focal points, five-grade and six-grade teachers for primary education; and five-day
training workshop for nine-grade and twelve-grade teachers for secondary education and
not-going-to-school young people (3 days for training and 2 days for dissemination) in
order for them to disseminate to others. In the year 2006, MoEYS in cooperation with its
partners will monitor and evaluate the results of implementing the above five programs.
Article 11
21. The enforcement of the Labour Law and Provisions promulgated in 1997 is constantly
strengthened to ensure the increased effectiveness of the implementation. To enforce this
law, the government has taken a lot of measures to implement it and monitor the labour
law implementation, especially under the article 172 and in line with the article 46.2 of the
Constitution of the Kingdom of Cambodia.

Article 46.2 of the Constitution stipulates that “A woman shall not lose her job because of
pregnancy. Women shall have the right to take maternity leave with full pay and with no
loss of seniority or other social benefits.” The same protection is also stipulated in the
labour law, in the paragraph 3 of the article 182: “The employer is prohibited from laying
off women in labor during their maternity leave or at a date when the end of the notice
period would fall during the maternity leave.”
Article 172 of the Labour Law (Section 8 of Chapter 6 on Child labor and Women labor)
stipulates that “All employers and managers of establishments in which child laborers or
apprentices less than eighteen years of age or women work, must watch over their good
behavior and maintain their decency before the public. All forms of sexual violation
(harassment) is strictly forbidden.”
Measures taken to ensure the law enforcement:

Since the previous reports from 2000-2003 and until now, the Ministry of Labour has
planned and implemented some necessary measures as follows:
• The proclamation No 52 SLTY dated February 10, 2000 on separate toilet preparation between women and men by the Ministry of Social Affairs, Labour, Vocational Training and Youth Rehabilitation (MoSALVY). • MoSALVY’s circular No 012 SLTY dated June 02, 2000 on hygiene practice and job security in the brick producing establishments, which is the special point (point 9) of this circular stating the protective measures in the case of using employees aged from 15-18. • MoSALVY’s proclamation No 144 SLTY dated June 10, 2002 on provisions for prohibiting the use of children to work at night time. • MoSALVY’s proclamation No 145 SLTY dated June 10, 2002 on vocational training for children working under the ground. • MoSALVY’s announcement No 11 SLTY dated July 19, 2003 on enabling objectives for monitoring the real age of the applicants. • Advise the independent establishments to abide by from the article 182 to Point C of article188 on women labor in Chapter 6 of Labor Law, by requiring each establishment to identify in their internal regulations in accordance with specific jobs in each workplace, and to ensure for not affecting the health, safe and dignity of pre- and post-natal women.
Monitoring the Law Enforcement: To monitor the enforcement of laws and provisions
in force, the Ministry of Labour:
• Constantly sends a labour inspection group to monitor the enforcement of laws and provisions in force in the establishments in order to improve any poor implementations and require for urgent changing of all wrongdoings affecting women and children employees. • When being informed of any wrongdoings or violation of the law articles, the Ministry sends the skilled officials to monitor and take measures in accordance with the procedures and provisions of the laws and orders. • The government, Cambodian employee association and unions in Cambodia in cooperation with the United States of America and ILO have processed three projects, (1) project on working conditions watch in Cambodia, (2) project on labor argument solution in Cambodia and (3) project on establishment of arbitrators council. Through the implementation of these projects, the ministry sees that the international communities recognize that the working conditions in Cambodia are better without any use of children labour and forced labour in line with national and international standards; therefore, the United States of America has increased the reward quota of products export. The arguments happening every year are decreased in spite of the increased number of the establishments. The ministry has noticed that the trend of pushing the argument cases to the arbitrators council and court is reduced, i.e. the rate of solved cases by compromising and conciliating is increased. The ministry still continues implementing this measure if there are any more insufficiencies and improvements needed to be met. When the third mandate employment council is officially established, it can help facilitate both employer and employee parties to have better mutual understanding.
22. Please provide data with regard to the formal sector, on horizontal (i.e. according to
sector) and vertical (i.e., according to rank) job segregation and wages disaggregated by
sex:
1. Women in labor force:
According to Cambodian Social and Economic Survey 2003-04 (CSES) (12 month data), 5, 282, 053 Cambodian women are in labor force aged from 10 years old. Of that, 3,702, 307 women (70.7 percent) are economically active compared to men (78.9 percent) out of the total of men in labor force. Labor force in rural area is usually higher than that in urban area and Phnom Penh (the city): women's participation is 73 percent and men's is 81.4 percent and the percentage of the employment rate for women is 99,5 percent and that of men is 99.4 percent. The participation rate of women in labor force in Cambodia in the years 2003/2004 is 49.4 percent of the total labor force. According to Human Development Report in 1998, Cambodian women contributed to 53.0% of the adult labor force (aged from 15 to above) in Cambodia (according to CSES 1997) is the highest rate among other countries in the south east Asia such as Vietnam (49%), Indonesia (40%), Malaysia (37%) etc. (Sources: UNDP 1998 and CSES 1997). 2. Occupation division between men and women:
Cambodia is an agricultural country. Even people migrate to the urban area to work in garment factories, agriculture, forestry and fisheries still absorbs majority of labor force including 55.5 percent in agricultural and forestry sector and 4.8 percent in fisheries. There is a decrease of 19.0 percent from 74.6 percent in 1999 to 55.5 percent in 2004. Agriculture, forestry and fisheries which provide 61.7 percent of employment (women 60.3% and men 63.0%) experienced a decline of 12.0 percent between the Cambodia Social Economic Survey in 1997 and 1999. Gross Domestic Product (GDP) in this sector according to a stable price in the national account experienced a decrease of 12.3 percent from 42.8 percent in 1997 to 30.5 percent in 2004. Whole and detail sales share 13.9 percent of total employment (women 18.8% and men 9.0%). This amount doubled from the previous surveys. In particular, this sector expanded and increased to 35.7 percent in Phnom Penh (women 48.0% and men 24.4%). Share of Employment by age (above 10 years old) and sex in 1997 in Cambodia
Main Occupation
1. Policy makers, senior officials, managers 3. Technical and secondary skilled occupation 1.02 Sources: Cambodia Social and Economic Survey (CSES) 1997 and 2004

In Cambodia, of the most economically active, 60.3 percent of women and 63.0 percent of men are in agriculture (see the above table). Women are more likely in service than men as shop owners or vendors (more than 16.7 percent of women are in service but only 8 percent of men in this area). Data on women's participation in labor force does not show full pictures of women's burden, (similar situation to women in other Asian countries) women in Cambodia who work outside are also responsible for housework even sometimes helped by her daughters, however, this work is not recognized.
3. Wage by sex:
Because CSES focused on occupation, monthly wage, education and age of individual
workers, wage of men and women in the same work with the same education and age were
demonstrated.
The survey, in all the six main occupations where data on wage was available showed that
men's wage is considerably higher than that of women. The difference started from 16
percent (enterprise and business) to 84 percent (Factory operation and mechanical
engineering. In average, men earned more likely 50 percent than women's earn in the same
work (Human Development report 1998, Ministry of Planning). Primary data from the
Cambodia Social and Economic Survey 2003/2004 is not yet available; however, trend on
bias or gaps on income of men and women has declined.
23. We would like to report that most employees in the garment enterprises in Cambodia
are women because women are 90% of all. To ensure that women have access to the
improved working conditions and social protection, MoSALVY have had the following
efforts:

Making women have access to trainings:
• MoSALVY has issued a proclamation No 004 SLTY dated January 05, 2000 on short-term apprentices training (two months) before working and the rate limitation for each establishment to receive the apprentices for training (Rate: from 8 to 10% of the employees). Referring to the Chapter 3 of the Labour Law (Articles 51-64) • MoSALVY’s guideline No 003 SWTY dated March 03, 2001 on implementation procedures of the proclamation No 004 SWTY dated January 05, 2000 on apprentices training. • The Ministry of Labour and Vocational Training, the ministry to take over the labour sector from MoSALVY, has sent the skilled officials to monitor the implementation of this proclamation and has issued the certificates for trainings. For those establishments that do not abide by or delay in implementing it, the ministry strongly obliges for enforcement without any fail. • The Ministry of Labour and Vocational Training has built vocational training centers both in Phnom Penh and provinces/cities for young people, particularly women and poor people. • The Ministry of Labour and Vocational Training has tried to establish training centers and issued the above proclamations and announcements, targeting the unskilled young people in particular young women to obtain trainings for jobs so that they will get appropriate employments.
Making women obtain the improved working conditions:
Referring to the response to the above question 21.
Making women access to the social protection:
• The Ministry of Labour and Vocational Training in cooperation with the Ministry of Health and the Ministry of Women’s Affairs are responsible for educating the female employees in the garment enterprises about health care, especially HIV/AIDS. • The Ministry of Labour and Vocational Training has sent health staff to the enterprises to check and force each enterprise to prepare for clean drinking water and bathrooms, in particular educate them on women’s diseases. • The Ministry of Labour and Vocational Training and the Ministry of Health have issued a joint proclamation No 330 SWTY dated December 06, 2000 on preparation of the enterprise clinics, in which each establishment has to prepare a permanent small or big clinic or bandaging room or rescuing box according to the number of employees in their establishments. • The Ministry of Labour and Vocational Training has cooperated with ILO to do research and plan a five-year project (2006-2010) on hygiene and health at the workplace aimed at the prevention and protection of the employees’ job health and safety. • The Ministry of Labour and Vocational Training has sent the skilled officials to monitor the implementation of the enterprises on the prevention and protection of the employees’ job health and safety. The employees are explained to understand this work. They check the materials and tools used by the employees to ensure the safety and require for using the protective materials for the employees.
Article 11
24. Because the 1997 Socio-Economic Survey obtained information on occupation,
monthly income, education and age of the individual, one can look at men's and women's
monthly salary in the same occupation, education and age.
Those data show that in Cambodia, for any business out of 6 businesses of which data on
sufficient salary are available, men's income is significantly higher than women's income.
Such difference varies from low level of 16 percent for handicraft makers and relevant
business to high level of 84 percent for factory workers and engine assemblers. On
average, men earn around 50% higher than women in the same business (according to the Ministry of Planning's Development Report, 1998). Data of the preliminary report of the 2003/04 Economic Survey are not yet available for use, but trends of preference between men and women will decline. However, women in civil service and armed forces have the same salary and income as men in the case of equal positions and ranks. For the report that there will be the formulation of a comprehensive land policy for those who are poor, lack housing and lack land for agriculture to have land for housing and do farming, the Royal Government has already considered and consulted international organizations and foundations through the National Committee for Social Land Concession. In particular, poor and minority women will also be benefiting from this land policy like other people who are poor, lack housing and lack land for agriculture. Moreover, the Ministry of Rural Development is in the process of developing the Minority Development Program in accordance with the Constitution of the Kingdom of Cambodia and the Rectangular Strategy of the Royal Government. This program seeks to improve living conditions of the minority in order to alleviate the poverty poor and minority women by strictly implementing policies in the following: - Minority people can use the de facto land such as agricultural land, housing land and land for spirit worship, i.e. "Spirit Land" according to their traditional practice. - Recognize the communal land and private land ownerships. - Poor and minority women have the rights to live traditional lives and to do cultivation on the land they occupy according to their traditional rules and practice. - Poor and minority women live in the communities and shall benefit from the rights guarantee and protection defined by law (article 23, Land Law).
25. For this case, the Ministry of Labour and Vocational Training has paid lots of
attentions by taking measures so as for the enforcement, and has constantly monitored the
implementation as follows:
• According to the articles 96-101 in Section 5 of Chapter 5 of the Labour Law, employees and employers can agree to make a joint convention that gives more benefits than in this law. In accordance with the provisions of this law, employees and employers in the garment and tourism sectors in Cambodia have so far agreed to make subsequent joint conventions to identify more rights and benefits than in this law for the employees such as minimum wage identification, service charge division, public holidays and so on. • MoSALVY has issued two announcements for the employees of the garment enterprises: (1) Announcement No 06 sky dated March 03, 1997 on minimum wage for the training apprentices. (2) Announcement No 017 SLTY dated July 18, 2000 on minimum wage for the employees in the period of probation and rightful employees, seniority wage and incentives for regular work. • For general implementation in all enterprises of the article 12 in Section 2 of Chapter 1 of the Labour Law on non-discrimination, MoSALVY has issued a proclamation No 004 SLTY dated January 05, 2000 on apprentices training to ensure that both female and male apprentices receive the equal wage during the same training. • In accordance with the article 104 of the Labour Law, minimum wage guaranteed by all enterprises or establishments that are under the Labour Law of the Kingdom of Cambodia has been implemented.
Therefore, there is an agreement between employees and employers on the employment
contact in written and in speech without any discrimination. The “equal wage” for “work
of equal conditions, professional skill and output is undertaken in line with the national
laws and international standards.
26. Before and after Cambodia’s membership to the World Trade Organization (WTO),
and the ending of clothes quota since January 01, 2005 according to the multi-fiber and
clothes agreement of WTO, the garment sector in Cambodia still continues exporting as
usual and there is no any impact on the garment industry, particularly the livelihoods of
Khmer women. In accordance with the statistics on clothes export to the United States of
America in the period of 10 months of the year 2005, the export is 16% increased
compared with the same period of the year 2004. Moreover, the number of garment
factories increases from 250 to 300 factories in the year 2005.
Hence, after Cambodia’s membership to the World Trade Organization, the export
products in particular Cambodian garment product and textile are possible to compete in
the same market. The improved working conditions that make the clients feel reliable on
the reputation of Cambodia are the factor making the products be competitive in the
market and maintain an appropriate labor market for this sector. This is very important for
the livelihoods of women. That’s why, the Royal Government of Cambodia has had the
constant measures as mentioned in the above answer 21 and 25 so that the working
conditions are improved in the garment and textile sector.

Article 12
27. Please specify what measures are in place to raise women’s awareness of, and
improved access to, general health care and obstetric service.

In order to raise women’s awareness and increase access to general health care and
obstetric service, the Government has taken a number of measures implemented by the
Ministry of Health through public community health services and media:
a. Measures taken through public health services:
1- Health education on productive health, nutrition ,HIV/AIDS and mental health to all general population through health centers on the basic of every week and according to the health center’s plan; 2- Provide all key information related to reproductive health, nutrition, HIV/AIDS and mental health to pregnant women and husbands through mother education session when they come for antenatal check up (accompanied by their husband) in the referral hospitals. We also encourage men and husbands to participate in the discussion in mother education sessions and during the provision of other services. 3- Counseling (fact-to-fact) to pregnant women during antenatal check up, labour and post-partum period on pregnant signs, breastfeeding, complementary food, nutrition, hygiene, prevention mother to child transmission of infection especially HIV/AIDS, birth spacing and newborn care. 4- Special clinic/session is set up for women with mental disorder and post-partum 5- Midwives and other health center staff conduct community based activities (including village level) to provide 7 kind vaccination (TB, polio, aspiration, tetanus, Hepatitis B) Vitamin.A distribution, Iron/folic acid distribution, ante-natal check-up, home delivery, post-natal check-up and health education . 6- Health staff conduct training on general health care to the public (women, men, household, village heads, village volunteers, teachers, students, clergeries, monks, nuns, commune councillors etc.) on transmitted diseases (such as TB, malaria, high fewer, diarrhea, typhoid, hepatitis, STI, HIV/AIDS and so on) and also on sources of transmitted diseases, how they transmit and through which they transmit, signs of danger if infected, sanitation and measures to prevent the transmitting and where to access services for check-up and treatment. 7- Provide general education for the general public (women, men, families, village head, village volunteers, clergeries, monks, nuns, commune councils) on not transmitted diseases such as cancers, high blood pressure, mental health and so on and on where to access health services, health check-up and appropriate treatment. In particular, diagnose service, counseling and treatment for breast and reproductive organ cancers have been gradually considered and expanded. 8- Expand health care services in all strategic planned and targeted areas to increase access to health services especially services for women, children and obstetric services. 9- Provide exemption fee or Equity fund for health services for poor people. 10- Improve and strengthen cooperation with development partners in health sector, non-government organisations in raising awareness on health care as well as providing health care services to the population especially to women, infants and children. 11- Improve and strengthen cooperation with development partners in health sector, non-government organisations in awareness raising in particular in related to natural disasters such as flood, draught, the outburst of diseases including birth flue and SAR and so on. Strengthen measures to prevent the spread of transmitted diseases, strengthen referral systems, emergency system and appropriate systems. b. Raising awareness of the community on reproductive health and increasing access to health care, obstetric services and referral services. 1- Train Traditional Birth Attendants on danger signs during prenancy, labor and after the delivery which might happen because of lack of skills, sanitation, unsafe. Encourage midwives to refer pregnant women to have antenatal check in the health centers and delivery in health centers or referral hospitals. And this also aims to encourage the referral of infants, children and vulnerable groups to appropriate health facilities. 2- Train community leaders, village volunteers, village health support groups, health management committee as well as commune councillors to provide support to pregnant women (in birth preparedness such as available finances, materials, transport, accompanies and so on) and refer women and patients to health services and treatment on time. Health centers also help with providing health education, necessary information for the community. 3- Community fund raising to support the referral of women or patients to health
c. Through media
1- Disseminate information and educate the public (women, men, families and community members) to raise their awareness, seek help and access health services and on time treatment. This activity focused on transmitted diseases, not transmitted diseases, danger of smoking, fraught drugs and reproductive health including antenatal check, safe motherhood, sanitation, post delivery care, birth spacing, the prevention of STI etc. 2- Conduct campaigns and provide health services as well as health education including providing information on existing services in emergencies.
28. Please indicate whether a specific programme is in place aimed at reducing the
prevalence of HIV/AIDS amongst this group of vulnerable women, and if not, whether
there are any plans to establish such a programme.
Specific program and activities conduct nation-wide in order to fight with HIV/ADIS
epidemic.
1- 100% condom use strategy has been implementing nation-wide 2- Voluntary Confidential Counseling and Testing services set up nation-wide (78 clinics, 15 of them run by NGOs). 3- Prevention Mother-to-Child Transmission services have been gradually expanded. This programme also includes provision of counseling for pregnant women who undertake voluntary and confidential testing and provide counseling after testing and receiving the result, as well as providing ARC for HIV and periodical diseases for pregnant women before the delivery, after delivery and up to the child's first birthday. The programme also provide home care, follow up and continuous care for living with HIV persons. 4- ARCs are provided for living with HIV people. Therefore HIV prevalence among adults is decreasing from 3.3% in 1998 to 2.6% in 2000,
2.1% in 2001 and 1.9% in2003. Whereas the prevalence among pregnant women with
HIV decreased from 2.5% in 1999 to 2.1% in 2003.

Article 13
29. Please indicate the status of this policy and describe how it ensures that women,
including indigenous women and women from ethnic minorities, have access to land.
• Minority women are entitled to rights to their traditional living and livelihood. • Minority group participating in associations will enjoy benefits, will be respected and protected before the law (Article 23 of Law on Local Governance).
Article 14
30. Please indicate what efforts have been undertaken to enhance funding of the NPRS and
specifically to ensure that rural women benefit from this strategy. Please also indicate how
rural women participated in the design of the NPRS and how they are involved in its
implementation.
1. National Poverty Reduction Strategy:
Over the decade, poor rural population benefit a little from the sustainable economic growth and growth in garment industry, tourism and construction. Growth only occurs in the urban and this cause big gap between the right and the poor, people in the city and people in the rural areas. Even the growth is in average 6.6% between 1993 and 2003, poverty index is still high and not changed for rural poor who are under poverty line (1999) - approximately 40 percent. In our report in 2003, we were waiting for the results of CSES 2003-2004 for monitoring the trend of poverty in Cambodia and the impact of the Government's policies on poverty reduction. 2. The Government's effort in accelerating rural poverty reduction
The Government is taking multi-pronged approach to accelerate the development in rural areas and empower community based planning and management. Deconcentration and decentralization focusing on the provision of public services, support for the participatory development programs and small credit programs and small enterprise are parts of the Government's efforts. The adoption of Law on Local Administration in 2001 and the commune elections in February 2002 were key events for Cambodia moving towards new millennium of democracy at local level at the same time of the establishment of committee to support the commune councils. 983 women were elected out of 11,261 commune councillors. Ministry of Women's Affairs in partnership with other NGOs provided leadership training for women candidates as well as women commune councilors. There is one representative of women and one representative of men from each village to participate in the planning and financial committee in that commune. 40 percent of membership of Village Development Committee are women. 3. Women participation in poverty reduction
o Commune Councilors, Commune Development Committee and Village o Development Planning, budget planning in villages and communes and evaluation of its implementation and general administration. o Rural credit management o Family health care o Educating family and children etc. Share of employment (aged above 10 years old) by sector: economic or industry and by sex and geographic area in Cambodia 2003/04
Main Occupation
Cambodia Phnom
Total Men Women
Total Men Women
Total Men Women
56.8 2.5 3.0 1.9 34.0 31.8 36.3 63.0 61.9 64.1 9.0 18.8 35.8 24.4 48.0 24.5 16.2 33.3 10.5 6.6 14.5 business 12. Public administration and social
Sources: Cambodia Social and Economic Survey 2003-04 (NIS, MoP 2005)
Share of Employment by age (above 10 years old) and sex in 1997 in Cambodia
Main Occupation
Cambodia Phnom
Total Men Women
Total Men Women
Total Men Women
skilled occupation 4. Clerks or secretaries 8.0 16.7 33.4 22.5 45.2 21.9 14.8 29.3 9.2 5.8 12.7 60.3 2.5 3.0 1.9 40.9 41.6 40.1 69.6 71.3 67.9 mechanical engineering 9. Primary occupation 7.8 9.3 6.3 14.8 15.5 14.0 11.5 11.7 11.2 6.7 8.4 5.0
Sources: Cambodia Social and Economic Survey 2003-04 (NIS, MoP 2005)
Articles 15and 16
31. Please indicate what efforts are underway to disseminate and to ensure the effective
enforcement of the Law on Marriage to eliminate the high incidence of forced marriages.

The following efforts made to disseminate and to ensure the effective enforcement of the
Law on Marriage to eliminate the high incidence of forced marriages:
1-Law Dissemination:
- The Ministry of Women’s Affairs has conducted dissemination courses on the
awareness of the Law on Marriage and Legal Protection for the civil servants and people at the municipal/provincial and district levels. - The Ministry of Justice in cooperation with non-government organisations has conducted training for its officials at the municipal/provincial levels on Criminal Law, Civil Law including Law on Marriage and Family. - At the same time, some NGOs who are working on issues related to women have also conducted the similar courses at local level. - Besides the above mentioned training/courses, education on law is also included in The above measures are aimed to get general people be aware of principles and freedom to choose their partner and marriage in order to overcome the stereotype. 2-Education:

Besides the law dissemination, some other measures have been taken as well such as
education on the principles of choices and marriages in particular for the registrars. This
aims at encouraging them to pay more attentions in assisting people in prevention of
forced marriages because these officials are the ones who issue permits and register
marriages.
After the communal election, the Ministry of Interior conducted training for commune
councils nationwide on how they work, their tasks and responsibilities including their role
as registrars.
Through the above measures, at present the Cambodian people are better aware of
freedom in marriages. In Cambodia, parents have a very vital role in their children’s
marriages, which was seen that marriages are under the absolute decisions of parents.
Before getting their son or daughter married the parents always ask for their thoughts
(both son and daughter), however, in general daughters especially at rural areas always
leave decisions to their parents.
32. Please indicate what measures are in place, or planned, to eliminate the practice of
polygamy.

In Cambodia, the Constitution stipulates that ‘Marriage shall be conducted according to
conditions determined by law based on the principle of mutual consent between one
husband and one wife.’ The Law on Marriage does not allow a person whose previous
marriage has not officially been dissolved by divorce to have a new marriage. Therefore,
in Cambodia a man cannot have more than one wife.
According to the report of the Special Rapporteur on violence against women, polygamy
is common in many parts of Cambodia. Such statement is not appropriate. The fact
happening in Cambodia is not polygamy, because they do not obtain any legal marriages.
Cambodian law prohibits having more than one spouse, but there is no any law to punish
those who practice polygamy. Hence, polygamy can take place by counterfeit means.
In order to eliminate the practice of polygamy by counterfeit means, the new Draft
Criminal Code punishes those who practice polygamy for double relationship.

Optional Protocol
33. The measure or action undertaken towards ratifying the Optional Protocol came into
consideration after having obtained the Optional Protocol from the United Nations, the
Royal Government of Cambodia demanded the relevant authorized institutions to work
with the Ministry of Foreign Affairs and International Cooperation for discussion on the
content of the Optional Protocol, and recommendations to the government for decision.
After the approval, the Royal Government will prepare documents for ratification on the
Optional Protocol and submit for approval from the National Assembly.

Source: http://cncw.gov.kh/images/download/Q%20and%20A%20of%20CEDAW%20to%20UN.%20Eng.pdf