IN DIALOGUE WITH CAMBODIA, COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN STRESSES THE IMPORTANCE OF TEMPORARY SPECIAL MEASURES
The Committee on the Elimination of Discrimination against Women today considered the sixth periodic report of Cambodia on how it implements the provisions of the Convention on the Elimination of All Forms of Discrimination against Women. Experts encouraged the State party to use temporary special measures to accelerate de facto equality.
Committee Experts recalled that temporary special measures included policy, practices, targeted recruitment and quotas. The fact that Cambodia did not mention temporary special measures in its report and opening remarks was a source of concern. Did that mean it had not put any in place? Would it consider using temporary special measures in the allocation or reallocation of land? They asked if the Government had considered using them to address the needs of rural women, notably in the construction sector. Experts commended the State party on measures to harmonize the gender machinery and the setting up of a unit in each ministry to mainstream gender, but its human resources and budgets seemed insufficient.
The delegation of Cambodia said that the Government had ensured that there was one woman at the national level as Secretary of State and Under-Secretary of State. This was a de facto quota-based approach, although the Government did not use the word “quota”. Further, 10 per cent of ministers were women and the Deputy Prime Minister was a woman - a first. To foster the participation rural women, the Government had established a 50 per cent target for the participation of women in the construction of roads. Delegates said 3 per cent of the total national budget was allocated to gender issues, and each ministry had its own gender-related budget.
In her concluding remarks, Ing Kantha Phavi, Minister for Women’s Affairs and Chair of the Cambodian National Council for Women, reiterated that the Government recognized the need to further strengthen monitoring and evaluation mechanisms, including the collection and analysis of disaggregated data and gender statistics in order to document progress, identify areas of improvement, and develop gender responsive interventions. Gender was taking off in Cambodia. The Government was committed to gender equality.
Nicole Ameline, Committee Vice-Chairperson, thanked the delegation for the constructive dialogue.
The Committee will next meet in public at 10 a.m. on Wednesday, 30 October to consider the sixth periodic report of Bosnia and Herzegovina (CEDAW/C/BIH/6).
Report
The Committee is considering the sixth periodic report of Cambodia (CEDAW/C/KHM/6).
Presentation of the Report
ING KANTHA PHAVI, Minister for Women’s Affairs and Chair of the Cambodian National Council for Women, said the Royal Government of Cambodia continued to place a strong commitment on the advancement of women and gender equality through the empowerment of women and girls as agents for change in Cambodia’s socio-economic development. The Government’s political platform called the Rectangular Strategy for Growth, Employment, Equity and Efficiency Phase III 2014-2018 and Phase IV 2019-2023 recognized the interconnection between gender equality, women’s roles, poverty reduction and the socio-economic development of the country, and highlighted the need to further improve the status of women, who were considered as the backbone of the Cambodian society and economy.
Cambodia was a good example of how high-level commitment, inter-ministerial collaboration, and partnerships with development partners and civil society were instrumental in strengthening the institutional gender equality architecture across the Government in order to advance the national development agenda. The national women’s machinery, namely the Cambodian National Council for Women and the Ministry of Women’s Affairs had been leading the efforts to promote gender equality and women’s empowerment. Civil society organizations, including women’s organizations, had also played a key role to advance women’s status in Cambodia. At the end of 2018, all line ministries and institutions had developed sectoral gender mainstreaming action plans, and received funds from the national budget and development partners to implement these action plans.
Since 2014, the Royal Government had adopted appropriate laws and regulations related to women’s rights, including the Law on Status of Judges and Prosecutors in 2014, the Law on Juvenile Justice in 2016, the National Social Protection Policy Framework 2016-2025, and the National Strategy for Reproductive and Sexual Health 2017-2020.
Cambodia’s strong economic growth, averaging 7.4 per cent over the past 15 years, was one of the highest in the Asia-Pacific region. Cambodia had reached lower middle-income status in 2015 and poverty further fell to an estimated 10 per cent in 2018, down from 35 per cent in 2005. As a result, Cambodian women had made significant progress. According to the most recent United Nations Human Development Report in 2018, Cambodia’s Gender Development Index value had increased to 0.914, up from 0.890 in 2014, showing improvements in women and girls’ health, education and standards of living.
The Royal Government continued to work tirelessly towards ending all forms of violence against women and girls through multi-sectoral mechanisms and plans. Significant progress had been made in developing and implementing gender responsive guidelines and systems as well as training law enforcers, government officials and the general public in prevention and responses to gender-based violence. There were positive trends showing that the number of women experiencing violence in the past 12 months was declining, and that more women experiencing violence sought help (43 per cent in 2014 up from only 31 per cent in 2005).
Cambodia was one of only 10 countries in the world that had achieved their 2015 Millennium Development Goal targets associated with improving maternal health (Millennium Development Goal 5) and reducing child mortality (Millennium Development Goal 4). In 2019, the Government had launched a cash support programme for pregnant women and children under 2 years from poor families with equity cards for 1,000 days of care, providing up to $ 190, to improve the health and nutrition of women and children until 2 years old.
The rate of women’s participation in the labour force stood at 81 per cent in Cambodia, one of the highest in the region. The percentage of women in waged work had increased from 39 per cent in 2014 to 45 per cent in 2017.
In 2018, women made up 20 per cent of the National Assembly and 19 per cent of the Senate. Importantly there were more women holding senior positions within the National Assembly, including the first female Vice President, while 2 out of 10 Heads of Committees and 4 out of 10 Deputy Heads of Committees were women.
The Royal Government of Cambodia recognized the need to further strengthen monitoring and evaluation mechanisms, including the collection and analysis of disaggregated data and gender statistics in order to document progress, identify areas of improvement and develop gender responsive interventions. Importantly, the Royal Government would continue to implement the National Strategy for Development of Statistics 2019-2023, ensuring a gender equality lens was applied in line with the Sustainable Development Goals.
Questions from the Experts
Experts asked how the guarantee of non-discrimination required by the Convention was implemented by domestic laws. How many discriminatory laws had been abolished during the reporting period? They requested the delegation to explain the discrepancy in the waiting time imposed on women and men who wished to remarry following the death of their spouse.
What was the relationship between the National Commission for Women and the Committee for Women and the State party’s gender equality machinery? They requested information on the legislative measures that would be used, if any, to implement the National Gender Policy. Who led the implementation process of this policy?
Turning to political developments in 2017, they expressed concerns about women’s freedom of assembly inter alia and requested information on efforts made by the Government to strengthen the rule of law. They stressed the important role of women who acted as human rights defenders.
Responses by the Delegation
Delegates said the substance of the Convention was included in domestic laws. It was a legal document of reference in the country.
Article 5 of the Constitution prohibited all forms of discrimination against women. The new gender policy would include a definition of discrimination, both systemic and structural, based on the Convention’s definition. The 2019 Criminal Code provided for the punishment of perpetrators of discrimination, whether direct or indirect. Labour laws also had broad anti-discrimination provisions. Further, the Commission of Human Rights in the National Assembly and the Senate also worked to prevent discrimination, as did civil society organizations that ensured that the Government was aware of, and tackled, discrimination-related issues.
On the 120-day waiting period imposed on women wishing to remarry following the death of their spouse, delegates said that it was not applied. This legal provision had been developed to protect the interest of the baby and establish paternity. Thanks to medical technological developments, a woman could now provide a certificate establishing that she was not pregnant and the waiting period would be waived. If she was pregnant, a DNA sample could be taken to establish the paternity of the baby.
Cambodia was a democratic country that respected the rights of all citizens, notably freedom of expression and assembly. There were more than 5,000 non-governmental organizations. The civil society was vibrant. There were no restrictions imposed regarding the areas of operation of civil society organizations. There were more than 40 journalist associations and 21 foreign correspondents in the country.
On the gender equality machinery, the whole Government worked on gender equality and women’s affairs. Hence the inclusion of representatives from 11 ministries in the delegation before the Committee. The Government allocated 3 per cent of its national budget to gender issues. The report outlined the mechanisms and processes through which gender had been mainstreamed in the Government.
For women to become the backbone of the Cambodian society and economy, the Government focused on capacity building, education and economic empowerment. In Cambodia, the minimum wage was high compared to neighbouring countries. So the Government would have to consider the need to attract investments when reviewing potential annual minimum wage increases.
Questions from the Experts
Experts commended the State party on measures to harmonize the gender machinery and the setting up of a unit in each ministry to mainstream gender. There seemed to be insufficient allocations of human resources and budgets. There was no overall oversight plan to ensure the consideration of gender in budgeting processes at the national and subnational levels. Experts requested information on measures taken by the Government to mainstream gender in budgeting processes while engaging all relevant stakeholders.
Experts said the Convention required that States put in place temporary special measures, including policy, practice, targeted recruitment and quotas. The fact that the State party did not mention temporary special measures in its report and opening remarks was a source of concern. Did that mean it had not put any in place? Would it consider using temporary special measures in the allocation or reallocation of land? They asked if the Government had considered using special measures to address the needs of rural women, notably in the construction sector.
Responses by the Delegation
Delegates said that 3 per cent of the total national budget was allocated to gender issues, and each ministry had its own gender-related budget.
Civil society organizations had been invited to participate and provide insight regarding all decisions to develop policy and legislation.
On peace, the delegation remarked that Cambodia had been ranked 17 on 122 countries contributing to United Nations Peacekeeping missions. The number of female police officers, military police officers and members of the military had increased. A lot of them were involved in responding to gender-based violence. This contributed to the implementation of Security Council resolution 1325 on women, peace and security.
Cambodia, for the last five or six years, had benefitted from political stability. The number of human rights defenders who were victims of violations had decreased, thanks to the programme put in place by the Government to involve a greater number for women in the armed forces.
Despite the absence of quotas, the Government was accelerating women and girls’ access to education, and provided them with training so they may play leadership roles. The Government had ensured that there was one woman at the national level as Secretary of State or Under-Secretary of State. This was a de facto quota-based approach, although the Government did not use the word “quota”. In decision-making positions, 10 per cent of ministers were women. The Deputy Prime Minister was a woman - a historical first. More than 16 per cent of Vice-Ministers were women. At the subnational level, there was a woman who had been appointed Governor. In each of the 25 provinces and capitals, there was at least one female Vice-Governor.
There were now more women in decision-making-level positions. Insufficient access to information still posed a challenge, and women still held traditional ideas. That was why the Ministry for Women’s Affairs was conducting a campaign promoting female role models. To change the traditional perception of a glass ceiling for women, the Government also had to continue campaigning for women’s education.
To foster the participation of rural women, the Government had established a 50 per cent target for the participation of women in the construction of roads. It worked closely with local governments to carry out information campaigns and put together lists of interested female workers that were provided to contractors. Most of these women worked on construction projects as unskilled workers. Typically, women preferred to work indoors. Currently, the participation of women in local construction projects stood at 30 or 40 per cent.
The Government was working on the creation of a one-stop service centre for victims of gender-based violence. A pilot-project had been rolled out in two provinces. If successful, it would be scaled up.
Cambodia was not a patriarchal society, but rather a matriarchal one.
The Government informed lawyers of its policy on the 120-day waiting period.
The Government mainstreamed gender through a programme-based budget. This type of budget marked a shift away from line-budgeting, under which gender mainstreaming was not easy. Now, the Ministry of Finance, thanks to the recent changes, could allocate funds to specific gender-related expenses.
Questions from the Experts
Attention to gender social norms, stereotypes and ideology was critical. Could the State party advise on steps taken to ensure the implementation of its plan on gender, notably to address gender norms and attitudes through social media, media, and activities targeting men and boys?
They raised concerns about Chbab Srey, a code of conduct for women that undermined the plan on gender and posed a challenge to combatting domestic violence. They congratulated the State party on its removal from the school curriculum. In what specific way was gender-specific critique of Chbab Srey included in teaching?
They asked if the revised legislation provided for the prohibition of marital rape.
Experts encouraged the State party to criminalize all forms of trafficking, including begging and forced marriage unless there was compelling evidence that some of them did not exist in the country. They requested the delegation to comment on this matter.
Did Cambodia have a shelter for victims of trafficking?
It seemed that Cambodia’s application of the law on trafficking conflated, or made no distinction between, victims of trafficking and undocumented migrants. How was Cambodia protecting victims from revictimization in their country of origin if it sent them back?
Responses by the Delegation
A traditional perception of women’s role was prevalent in Cambodia, delegates said. Time had been to be given to the Cambodian society to evolve. The Government had rolled out a campaign on violence and positive masculinity called the “Good Men” campaign. Women still shouldered family responsibilities and household chores. The Government sought to change the mindset of boys and girls by countering stereotypes.
An agreement had been signed with the Ministry of Information and the media which notably sought to change the behaviour of society and shift from the traditional ideas to new, modern ones. It notably addressed the coverage of domestic violence cases.
The school curricula had been changed as part of the gender mainstreaming plans. Teacher training had been updated accordingly.
On the rights of migrant workers, the Government had adopted a cross-cutting approach. To protect women who were victims of labour trafficking, the Government had maintained effective collaboration with development partners and social partners, such as trade unions, and developed guidelines and minimum standards to provide them with services, such as vocational training. This sought to ensure that they could find work and escape from the trafficking network.
Women working in prostitution did not benefit from legal protection as such, as prostitution was illegal in the State party. Measures had been put in place to protect women working in the entertainment sector.
Migration resource centres had been established in four provinces, where services were provided, some of which on the basis of a curriculum devised in collaboration with the International Organization for Migration.
Questions from the Experts
Experts inquired about the role of women in public and political life, including in peacekeeping and diplomacy-related activities and projects. Could a woman climb up to an ambassadorship?
Responses by the Delegation
Women made up 20 per cent of attorneys and 14 per cent of judges, a delegate said. The number of female prosecutors stood at 13 per cent, up from 10 per cent a few years ago. There was a competitive examination to join the Ministry of Foreign Affairs. For 2019, 55 per cent of successful candidates were female. About 25 per cent of Cambodian ambassadors were women. In the past years, about 200 women had been deployed in peacekeeping missions in various positions.
Questions from the Experts
Experts commended the State party for the absence of gender discrimination in the legislation on nationality, that is the Law on Nationality. Cambodian women had the right to decide their nationality, would not lose it regardless of the marital status, and had rights equal to those of men with respect to the nationality of their children.
They asked if the delegation had data on the number of stateless people or people whose nationality was unknown? They inquired about children born to foreign mothers who were not themselves born in the Kingdom of Cambodia, such as refugee mothers. Were they stateless?
They expressed concerns about ethnic minorities and Vietnamese mothers who had difficulties in obtaining birth certificates.
Responses by the Delegation
The delegation said the Government did not have any statistics on stateless people. Some of these people had entered Cambodia illegally, the delegation remarked. The Government was committed to respecting the rights of migrants, but they had to be “legal migrants”.
Children born in Cambodia, as well as their mothers, could apply for citizenship after three years of regular stay.
Births had to be registered no later than 30 days after the child was born. After 30 days, a certificate was issued, which had the same value as the birth registration.
The situation of refugee mothers and the acquisition of citizenship by their children fell under the legislation on refugees. Cambodia was open; there was no discrimination in hospitals against registration.
On prostitution, the delegation explained that prostitution was allowed in the private sphere. If sex workers carried out prostitution-related activities in the public sphere, they could be arrested and held in pre-trial detention for up to 24 hours. The Government’s approach with regard to this issue was centred on the prevention of sexual exploitation.
Questions from the Experts
Experts requested information on the results achieved as a result of the implementation of the action plan on child marriage and teenage pregnancy.
They noted that over 100 communes did not have lower secondary schools. Was there a special programme to ensure that girls had access to lower secondary education and had the financial means to cover expenses related to travel when they had to attend schools in a commune different from the one where they lived? How was the State ensuring their safety during travel?
Experts also asked about women and girls’ access to higher education.
Responses by the Delegation
Delegates said that the Government provided scholarships to address poverty-related obstacles impeding girls’ access to education. In line with Sustainable Development Goal 4, the Government was aiming to allocate at least 20 per cent of the national budget to education by 2030. For now, about 18 per cent of the national budget was earmarked for education.
The Ministry of Environment and the Climate Change Alliance Programme supported research on sustainable development. The Government was developing textbooks on climate change for secondary schools. Sectoral climate change strategic plans were also being devised by governmental entities, including the Ministry of Women’s Affairs.
Questions from the Experts
Experts asked about paternity leave, seeking clarification about recent declarations by government officials announcing changes on this matter. They requested information on the rights of pregnant women seeking a renewal of their contracts.
Responses by the Delegation
Discrimination in employment was clearly addressed by labour laws. When government officials were informed of violations of anti-discrimination provisions in labour laws, they took steps to address them; such violations were punishable by law.
On paternity leave, delegates explained that, under the labour law, workers could request a special leave for up to seven days. A 90-day maternity leave was guaranteed under labour laws. The Government endeavoured to align laws and policies with international labour standards. International Labour Organization Conventions, including Conventions 189 and 190, were used by labour inspectors to safeguard the rights of workers.
Questions from the Experts
Experts noted the drop in poverty rates, which had gone down from 17 to 13 per cent. They drew the delegation’s attention to the situation of vulnerable segments of the population, who were doubly discriminated against, such as women with disabilities. They requested information on policies to facilitate access to housing and data collection processes, notably on female entrepreneurships and related policies.
On surrogacy, Experts stressed that all the parties involved had rights.
Responses by the Delegation
Delegates said that economic growth had a positive impact on women: it contributed to the reduction of poverty and spurred the creation of jobs, something which notably benefitted widows. Cambodia was still lacking skilled workers, however.
Any private sector company that had more than 100 workers had an obligation to hire persons with disabilities so that they represented at least 1 per cent of the work force.
On female entrepreneurship, delegates said Cambodia had one of the highest female participation rates in the labour force. About 65 per cent of small- and medium-sized enterprises were owned by women. The Government’s policy on small- and medium-sized enterprises was being revised to make it more gender responsive. Fostering the transition of these enterprises from the informal to the formal sector was also amongst its objectives. Training was provided to female entrepreneurs on the use of information technologies. A fund would be established to finance entrepreneurship projects. Tax incentives would be developed for small- and medium-sized enterprises.
On surrogacy, there were still a lot of pending issues. If Cambodia were to accept it, it would only be allowed for humanitarian reasons. The rights of the child and the mother were both considered in that regard.
Concluding Remarks
ING KANTHA PHAVI, Minister for Women’s Affairs and Chair of the Cambodian National Council for Women, reiterated that the Government recognized the need to further strengthen monitoring and evaluation mechanisms, including the collection and analysis of disaggregated data and gender statistics in order to document progress, identify areas of improvement, and develop gender responsive interventions. Gender was taking off in Cambodia. The Government was committed to gender equality.
NICOLE AMELINE, Committee Vice-Chairperson, thanked the delegation for the constructive dialogue.
For use of the information media; not an official record
CEDAW19.033E