UN ESCAP Workshop on Regional Follow-up to the Fifth Session and Preparation for the Sixth Session of the Ad Hoc Committee on an International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 26-27 July 2005

Cambodia Country Paper

Mr. Ngy San
Program Manager
Disability Action Council

General view of disability-specific legislation in Cambodia

The Constitution of the Kingdom of Cambodia states that “every Khmer citizen shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, colour, sex, language, religious belief, political tendency, birth origin, social status, wealth and other status...”. Article 74 states that “The State shall assist the disabled and the families of combatants who sacrificed their lives for nation”. [1]

Cambodia does not have separate disability laws at the present, but disability issues are addressed in some existing Cambodian Laws and Regulations, which are described in the table below.

Development of specific legislation is crucial to promote the full participation and equality of persons with disabilities. Rights-Based Legislation emerges from the recognition that people with disabilities have the same rights as non-disabled persons. Therefore, the law must protect the basic right of persons with disabilities for a life with dignity. A Draft Cambodian Disability Law has been drafted and finalised and in the process to be submitted to the relevant institutions for debate and enact. The draft law is designed to be a set of practical approaches to deal with some of the numerous problems facing persons with disabilities in Cambodia. The proposed draft law aims to be practical and workable. The law will be a first step in a long-term process of developing a law that fits the current situation in the country. Enforcement is a crucial factor. Knowledge of the public about the rights of people with disabilities is weak and access to law and regulations limited in Cambodia. At the same time the judicial system is in need of reform.

The future stages and responsibilities for processing the legislation are set out in Section chart below. The Minister of Social Affairs, Veterans and Youth Rehabilitation (MoSVY) and Prime Minister have confirmed many times that they support the passage of this legislation.

Current level of implementation of BMF in Cambodia

Majority of key player in the disability sector agreed to the selected areas of focus for national action because they are much more reflected to the current situation in Cambodia. The consensus on approval of the selected areas of focus for national action and BIWAKO Millennium Framework had been made as following:

1. Self-help Organisation of people with disabilities, Access to built environments and Legislation
2. Education (children with disabilities) and Early intervention & education
3. Community based work with disabled persons (CWD) and Alternative Care
4. Physical rehabilitation (P&O, Wheelchair, Physiotherapy)
5. Women with disability
6. Vocational and Skills Training and Employment
7. Accessibility and communication component, Access to ICT, Public awareness and Communication network and information
8. Poverty alleviation through social security & sustainable livelihoods (including Food Security, Housings, etc.)

The following actions have been taken to ward achievement of the targets of the BIWAKO included:

• Mobilise resources from government and other sources to strengthen the national coordinating body on disability
• Review and reform the current structure and work of the DAC Governing Board, Committees, Working Groups and members
• Incorporate and reflect on the current services being provided by DAC members and partners
• Justify and promote current and ongoing DAC partnership projects
• Follow up the submission process of the draft Disability Legislation adoption
• DAC Secretariat and ADB and World Bank project team working closely to get disability inclusive approach
• Contact with Asian Pacific Development Centre on Disability (APCD) for further regional co-operation
• Reformulate the above combined components
• Follow up on review and revise ToR of DAC Committees and Working Groups as well as DAC Structure
• Revise Strategic Directions for the Disability and Rehabilitation Sector (SDDR)
• Seek formal approval from the Government on prioritised UNESCAP components and revised SDDR
• Facilitate and co-ordinate the DAC Committees and Working Groups to develop and implement their operational plan
• Facilitate DAC members and partners' project proposals based on revised SDDR

It is important to mention that investment in the disability sector and implementation of the BMF is relied on financial and technical support from outside. So, there is a need for increasing co-ordination, especially between government, local and international non-government organisations, UN organisations, and bilateral and multilateral donors to take part in the process of the development of the action plan for the implementation of the BMF. To move along with this process we are able to develop a so-called Strategic Direction on Disability and Rehabilitation (SDDR). What is SDDR?

It is a document that provides an overview of the sector- It is clear guidelines and information of where current services are; what are the gaps; and what future of services should be.

The SDDR provides:

• a systematic co-ordination of services and programmes
• the prioritisation of major areas of works
• a better geographical distribution of services available for people with disabilities and mine victims
• identifying gaps in services and gaps in human resources
• provide recommendations to key stakeholders
• improving and/or establishing services for types of disabilities which are not adequately served
• planning for future assistance from outside as well as inside Cambodia
• avoiding overlaps of services
• improving the allocation of budgetary resources on a rational basis
• providing an appropriate use of human and financial resources
• identifying the establishment of a comprehensive monitoring and evaluation system
• assessing the impact of programmes and services
• ensuring technical and financial sustainability of programmes

Each component of SDDR consists of the following parts:

• Introduction (Information described the general situation of the component)
• Vision, Goals, and Objectives (Developed by Technical/Specialised Committees and Working Groups)
• Current activities/services (organisations/timeframes/locations/budget)
• Identified gaps in services and recommendations
• Plan of action by the Committee/Working Group (Individual organisations if any)

Please refer to DAC website: www.dac.org.kh for a detailed description of the SDDR.

Through this mechanism enable us to co-ordinate, monitor and evaluate all rehabilitation programmes and services for all categories of persons with disabilities and mine victims to ensure their action complies with Government policies and regulations.

Views on an international convention on persons with disabilities.

Much focus and attention are being paid to the development and poverty. Unfortunately, disability has not been included. Although there is acknowledged that disability has close link with poverty and real development should ensure that all segments of society have to get benefits. There is a need for comprehensive legal binding instrument to protect and promote the rights and dignity of persons with disabilities. This will be a complement to UN human rights treaties and human rights conventions that obliged member states to take appropriate action to implement.

The convention will also contribute to promote the paradigm shift from a charity-based approach to a right-based approach to disability and development, and incorporates disability concerns into national policies and programmes.

Cambodia will try its best to fully support with the process toward the elaboration of the proposed convention.

[1]Article 31 and 74 of the Constitution of the Kingdom of Cambodia

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