August 29, 2024
PHNOM PENH – Child protection is crucial to ensuring the holistic development of young individuals and goes hand in hand with education.
In Cambodia, where poverty, social instability and limited access to resources heighten the vulnerabilities faced by children, safeguarding their rights and well-being requires a comprehensive, multi-faceted approach.
The Ministry of Social Affairs, Veterans and Youth Rehabilitation, represented by spokesman Touch Channy, acknowledged that Cambodian children continue to face violence, abuse, exploitation and neglect.
These issues cut across all strata of society, impacting both the rich and the poor, with gender inequality, urban poverty, rural deprivation, family separation due to migration, unemployment and negative societal attitudes all exacerbating the situation.
“Children endure violence in public places, homes, schools, communities, religious sites and even online,” Channy stated.
The Cambodia Demographic and Health Survey 2021-2022 revealed that 66 per cent of children aged one to 14 have experienced some form of punishment by adults within their families, with 43 per cent subjected to corporal punishment and 5 per cent to severe physical punishment, according to the data Channy provided.
Moreover, 27 per cent of adults within families believe that physical discipline is necessary for instilling proper behaviour in their children. The survey also indicated that 23 per cent of children in the mentioned age group had not been subjected to any disciplinary action by a family adult in the month preceding the survey.
“In 2022, a study on preventing the dangers, exploitation and sexual abuse of children online found that 11 per cent of internet users aged 12 to 17 in Cambodia suffered from online sexual exploitation and abuse,” said Channy.
This includes cases where children were coerced into sexual acts through promises of money or gifts, forced into the act or had their nude images shared without consent.
Violence against children is often perpetrated by adults and older children who act as caregivers, including parents, siblings, relatives, teachers, school friends, community members, religious leaders and caregivers.
The forms of violence and the factors driving it are varied and occur at the family, community and societal levels, necessitating a multifaceted approach to solutions.
Despite significant progress in creating a legal framework for child protection, numerous challenges remain, particularly in terms of implementation and enforcement.
Addressing these challenges requires the concerted efforts of government agencies, NGOs and local communities.
The country’s commitment to the welfare of its children is evident through its ratification of key international treaties and the enactment of national laws aimed at protecting children’s rights.
In 1992, Cambodia ratified the UN Convention on the Rights of the Child (UNCRC), laying the groundwork for subsequent legal and policy developments.
The country has also adopted optional protocols concerning children in armed conflict and child exploitation, reinforcing its commitment to safeguarding children from various forms of abuse and exploitation.
At the national level, the country has built a comprehensive legal structure that underpins its child protection efforts.
This includes the Cambodian Constitution (1993), the Law on the Prevention of Domestic Violence and the Protection of Victims (2005), the Law on Suppression of Human Trafficking and Sexual Exploitation (2008), the Labour Law (1997), the Education Law (2007) and the Law on Juvenile Justice (2016).
Additionally, policy initiatives such as the National Policy and Action Plan on Children 2016-2025 and the Sub-decree on the Establishment of Commune Committees for Women and Children (2000) highlight the country’s efforts to prioritise children’s rights.
One of the most significant advancements in recent years was the introduction of the Juvenile Justice Law, followed by the launch of the Juvenile Justice Law Strategic and Operational Plan (JJLSOP) in 2018.
“This marked an important step toward establishing a more child-friendly justice system, emphasising rehabilitation over punishment for young offenders,” noted Billy Gorter, executive director of This Life, a Cambodian NGO focused on empowering local communities through education, community development and justice programmes.
Challenges in implementation
One of the primary obstacles is the lack of specialised courts and adequately trained personnel to handle cases involving children.
Gorter said that law enforcement officers and judicial personnel often lack the necessary training in children’s rights and juvenile justice procedures, leading to inadequate legal representation for minors and delays in the justice process.
“Poverty and lack of education further complicate the situation, making children from disadvantaged backgrounds more susceptible to exploitation and less likely to receive proper legal counsel,” he explained.
Children in Phnom Penh’s Daun Penh district. PHOTO: THE PHNOM PENH POST
Gorter noted that overcrowded conditions in Cambodian prisons underscore the urgent need for alternative approaches to juvenile justice, as many young offenders end up in adult prisons, where they are exposed to further harm.
Another significant challenge, he added, is the lack of sufficient monitoring and data collection systems, which hinders the assessment of the effectiveness of existing laws and policies.
This information gap makes it difficult to identify areas needing improvement and to develop targeted interventions that address the root causes of juvenile delinquency and exploitation.
The role of the Child Protection Unit (CPU)
Another key player in the country’s child protection efforts is the Child Protection Unit (CPU), a partnership between the Cambodian Children’s Fund (CCF) and the National Police.
Established in 2013, the unit has been instrumental in investigating severe offenses against minors, including sexual abuse, physical violence and trafficking.
CPU operations director James McCabe emphasised the unit’s achievements over the past decade, which include nearly 2,000 arrests and long prison sentences for offenders.
“Our unit has achieved significant milestones, not only in arrests and convictions but also in saving and restoring countless lives,” he said.
The CPU’s work extends beyond law enforcement. Recognising the growing threat of cyber-crimes against children, the unit established the Internet Crimes Against Children (ICAC) initiative.
This programme focuses on combating online exploitation, such as grooming and the distribution of child pornography, which has become an increasing concern in the country.
“Children are spending more time online than ever before. Growing up online offers limitless opportunities. But with this come serious risks,” said UNICEF representative in Cambodia Will Parks.
The increasing time children spend online has led to new threats, such as cyberbullying and online sexual exploitation.
The 2023 findings from UNICEF’s Disrupting Harm in Cambodia report confirmed this trend, revealing that more than one in ten Cambodian children aged 12 to 17 have experienced some form of online sexual exploitation or abuse.
In addition to its investigative work, the CPU actively engages in community outreach and education.
Over the past decade, the unit’s efforts have led to 1,998 arrests, resulting in 5,896 cumulative years of prison sentences for offenders, including 20 life terms.
Beyond these judicial achievements, the CPU has provided free legal representation to 1,101 victims and support to over 10,500 family members.
The intersection of poverty, education and family dynamics
The realisation of children’s rights in the country is intricately linked to broader social issues, with poverty, education and family dynamics at the forefront.
This Life’s comprehensive study on juvenile justice highlighted how these factors impact youth rights, particularly in the context of juvenile delinquency.
“Poverty emerges as a significant barrier to the full realisation of children’s rights in Cambodia,” Gorter said.
Youths from economically disadvantaged backgrounds are more vulnerable to exploitation and less likely to access legal support.
He noted that the study found families of imprisoned children often struggle to provide financial and material support, exacerbating the challenges incarcerated youth face in the justice system.
Education is another critical factor in protecting children’s rights. The study revealed that 70 per cent of surveyed children were not attending school at the time of their arrest and 24 per cent had left school before reaching the sixth grade.
“Imprisonment further disrupts their education, affecting their future prospects and perpetuating the cycle of disadvantage,” Gorter told The Post.
Family dynamics also play a crucial role in the protection of the rights of children. While most surveyed were living with family members before their arrest, instances of family instability, such as divorced or deceased parents, were common.
The imprisonment of a child can further strain family relationships and finances, creating a cycle of disadvantages that is difficult to break.
“To truly protect children’s rights, we must address the root causes of youth offences. This means tackling poverty, improving access to education, supporting families and providing opportunities for skill development and employment,” Gorter stated.
Bridging the gap: Enhancing collaboration for children’s rights
The protection of children’s rights in Cambodia requires a concerted effort from multiple stakeholders, including the government, NGOs and local communities.
A child sells fruit in a beer garden in Phnom Penh’s Toul Kork district. PHOTO: THE PHNOM PENH POST
Recent research underscores the critical need for improved collaboration to effectively implement the Law on Juvenile Justice and safeguard children’s welfare.
“Community support is crucial for the successful reintegration of young offenders. Our programme works to educate communities, reduce stigma and create a supportive environment where these children can thrive and reach their full potential,” he said.
As This Life’s report concludes, “Significant progress is achievable with improved coordination and resource allocation.”
The future of children’s rights hinges on the successful integration of efforts from the government, NGOs and local communities, working together to create a more just and supportive environment for all children.
“This collaborative approach sets a new standard for how governments and NGOs can work together to address complex social issues, creating a model that could inspire similar initiatives across Southeast Asia and beyond,” Gorter remarked.
To address these issues, the country has ratified several international conventions and enacted various laws and policies, including the National Policy on Child Protection System 2019-2029 and the Action Plan to Prevent and Respond to Child Sexual Exploitation Online 2021-2025.
Channy noted that the government continues to work closely with NGOs and other stakeholders to strengthen the child protection system, improve alternative care and ensure that every child has the opportunity to grow up in a safe, nurturing environment.