Update
on JMI for TWG-Gender, chaired by H.E Minister Ing Khanta Phavi
GDCC Meeting February 12, 2007
JMI 1.
Support and Monitor implementation of National Action plan to Combat
Violence against Women
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To combat Violence against
Women the Royal Government of Cambodia made the fight against violence a
priority. Cambodia is the first country of the world that
included violence against women and children as an indicator to measure
the country’s development. (The task to draft this plan is part of these
Cambodian Millennium goals.)
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The National Action Plan to
Combat Violence against women is completed and is now in the process of
consultation with MoWA management team. It will be finalized in 2007
after submitting to inter-ministerial meeting for approval.
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MoWA legal unit with the
support of Centre for International Migration has prepared a proposal
for a Sub-Decree for the implementation of the DV Law concerning the
administrative decision and the cooperation of local authorities with
the police forces. This proposal has already been transferred into a
draft Sub-Decree of the Ministry of Interior (being the ministry
responsible) during an established legal working group between the two
ministries: MoI and MoWA. Due to the complex D & D — reform in
Cambodia the Sub-Decree needs proper discussion, to fit in the D&D -
legal framework.
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Since the DV Law itself is
in force since one year now, the adoption process of the Sub-Decree
should be a priority. MoWA and MoI will cooperate in supporting the
adoption process of the Sub-Decree.
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To prevent violence -
values need to be changed. Many media campaigns, changes in the
education sector, improvement of the health and social services are
required to implement this plan. Training of officials on a law alone
will not change the prevalence of violence because if people do not
understand that violence in the family is not acceptable they will not
use the law. Therefore, a holistic approach is needed. We can only reach
this goal with more support for all relevant sectors.
JMI 2
Adoption of the Law on Suppression of Human Trafficking and Sexual
Exploitation
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According to the Cambodian
Millennium Development Goals Cambodia is obliged to enact Laws against
all forms of violence against women, this does not only include a Law on
Domestic Violence, but also a Law on Suppression of Human Trafficking
and Sexual Exploitation
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The Ministry of Justice
being in charge to draft a Law on Suppression of Human Trafficking and
Sexual Exploitation has proposed a legal document that aims at improving
the legal framework of Cambodia in this regard.
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In the meantime, Cambodia
has ratified the UN Palermo Protocol to Prevent, Sup press and Punish
Trafficking in Persons, Especially Women and Children.
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Cambodia is therefore obliged to transfer
all relevant regulations into its domestic legal framework, according to
international standards.
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Furthermore,
Cambodia has an official draft of the new Penal Code. Of course, a
special penal law such as the TIP Law must fit to the general code. The
current draft Law on Suppression of Human Trafficking and Sexual
Exploitation still has to be adjusted to the Palermo Protocol and
to the general Penal Code. This is also underlined by the official
Legislative Guides for the UN Protocol and for the Convention against
Organized Crime: Any special penal law must fit to the domestic
framework, both in terms of legal technique and in terms of its value
system.
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Such an adjustment to the
Convention (including the Protocol) and to the future Penal Code is not
easy and Cambodia needs to work on it. Close cooperation between
MoJ and MoWA is necessary on the Law on Suppression of Human Trafficking
and Sexual Exploitation. All involved ministries need to cooperate to
promote the adaptation of the draft law to the Palermo Protocol and the
Cambodian penal legal framework (recommendations provided by MoWA and
partners) and then to support its adoption.
JMI 3
Engendering the Draft Organic Law on Sub-national Democratic Development
Including Provisions for Gender Budgeting.
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The TWG-Gender, chaired by
H.E. Ing Khanta Phavi, Minister, MOWA held several meetings with
relevant partners to discuss and develop priorities and key entry points
on gender equality, participation, representation of women, democratic,
budget and domestic violence issues in the draft organic law throughout
2006.
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A smaller working group was
formed, led by the Minister, to further elaborate on these areas, and
based on the brief overview provided by MoI on the main volumes of the
draft, this group prepared written suggestions and recommendations for
engendering the Draft Organic Law on Sub-national Democratic
Development. - Without having access to the draft organic law, it has
been difficult to provide precise expert advice on the mainstreaming of
gender into this law.
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A MoWA delegation, led by
the Minister, consequently submitted this set of priority gender
concerns, including suggestions and recommendations, to the MOI and the
NCDD. The list of concerns and recommendations include provisions for
gender budgeting.
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A fruitful discussion was
held during a MoWA advocacy meeting in November, 2006 with H. E. Sar
Kheng, Deputy Prime Minister and his colleagues, whereby the Deputy
Prime Minister gave his support and verbally agreed to the
recommendations provided in the document. The Minister of Women’s
Affairs was asked to advocate further at the NCDD meeting.
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The TWG-G is now organizing
a task force/small group to coordinate and take an active role in
providing gender expertise for commenting on the draft law once it is
made available for consultation.
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