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

  • 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.)

  • 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.

  • 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.

  • 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.

  • 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.


Adoption of the Law on Suppression of Human Trafficking and Sexual Exploitation

  • 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

  • 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.

  • In the meantime, Cambodia has ratified the UN Palermo Protocol to Prevent, Sup press and Punish Trafficking in Persons, Especially Women and Children.

  • Cambodia is therefore obliged to transfer all relevant regulations into its domestic legal framework, according to international standards.

  • 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.

  • 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.


Engendering the Draft Organic Law on Sub-national Democratic Development Including Provisions for Gender Budgeting.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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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