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How Cambodia's Domestic Violence Law Reduces Abuse
1. Topic:
How Government Law Works to Reduce Domestic Violence in
Cambodia
Name: Leng Kimlieng
Email: Lengkimlieng@gmail.com
2. Content
I. Introduction ...................................................................................Page 1
1. Domestic Violence .......................................................................Page 1
2. Causes and Effect of Domestic Violence in Cambodia ...............Page 1
II. Situation of Domestic Violence in Cambodia ...............................Page 3
1. Statistic of Domestic Violence in Cambodia................................Page 4
III. How Government Law Works to Reduce Domestic Violence?...Page 4
1. Domestic Violence Law in Cambodia .........................................Page 4
2. How The DV Law Changes Society?...........................................Page 5
IV. Challenges of Law Enforcement………………………………...Page 6
V. Recommendations/Suggestions for the Government……………Page 7
VI. Conclusion……………………………………………………… Page 7
VII. Bibliography …………………………………………………… Page 8
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How Government Law Works to Reduce Domestic Violence in Cambodia
I. Introduction
Domestic violence is a serious problem, which occur in many countries. The U.N.’s Multi-
country Study on Men and Violence in Asia and the Pacific found that 12 percent of 1,812
Cambodian men in the survey reported committing physical violence against women. About
21 percent of those who had been in a relationship said they had raped a partner. It happens
almost in every family however in the area where people are low educated and no access to
information. Domestic violence against women is one of the nation’s most prevalent human
rights abuses.
1. Domestic violence
Domestic violence is a dispute that occurs between a husband and wife, a father or mother and
his/her dependent children, or a man or woman and any other person living under the same
roof or household. It can be physical, verbal, psychological, emotional, sexual, and economic.
2. Causes and Effect of Domestic Violence in Cambodia
As a result, domestic violence or family violence is a serious problem that effects on family,
community, and nation may occur due to factors including traditional beliefs, alcohol
consumption, low levels of education, unemployment, cinema, and sex.
First of all, domestic violence is caused by traditional beliefs. Some men with very traditional
beliefs may think they have the right to control women, and that women aren’t equal to men.
In Cambodia, the male hierarchy is dominant and evident in families and in general society.
“Men are viewed as the final decision-makers in their households, and other family members
are expected to give them deference, respect and obedience”.
Second, alcohol consumption is the major factor of domestic violence in Cambodia. Alcohol
consumption is linked to many harmful consequences for the individual drinker, the drinker’s
immediate environment and society as a whole. Alcohol consumption and drugs are major
cause of domestic violence. When abuser uses alcohol Drinking alcohol decreases self-control,
which can increase the chance for one to lose their temper ,behave in destructive ways or
become violent. A 2009 survey by the Ministry of Women’s Affairs found that alcohol was
involved in between 82 and96 percent of verbal abuse, 6 to 9 percent of throwing objects,
3 percent of beatings, and 2 percent of threatening their spouse with a knife at least once
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a week when they are drinking alcohol. This data clearly indicates that alcohol consumption
is a contributing factor to domestic violence.
Depend on LICADHO they found a domestic violence of Srey Mom’s family. Srey Mom
married to her husband Sokly, when she was 19 years old. Her job is washing their neighbor
clothes to get money to pay for the whole family. After she gave a birth to her third child her
husband Sokly start to drink and drunk every day. One day after she came from washing many
clothes, her husband was drunk and then she start yelling at her husband because her husband
didn’t help her to find money to support family. Then her husband become very angry and he
pick a bamboo stick and started to beat her. She suffered injuries on her right leg. Sometime he
beat his own children with no reason. One day he was very drunk and he pick up a knife and
try to stab her. Her children were screaming and crying, begging him not to hurt her. After that
her husband try to kill her by fire his own house when she was sleeping in the house because
he was angry for not cooking his chicken properly. And he started to beat all his children.
Third, low levels of education is one of the major factor of domestic violence in Cambodia.
Abusers don’t know about the women’s right or children’s right, they will use violence in their
family. Sometime they don’t know how to control their temper. If they were educated, they
would find the way to solve family’s problems without violence.
Fourth, domestic violence is caused by unemployment. According to the National Institute of
Justice report 4.7 percent of violence occurs when both the women and male partner are
employed, but the prevalence of domestic violence increase to 7.5 percent when the male
partner experiences one period of unemployment, and increases up to 12.3 percent when the
male experiences two or more periods of unemployment. When the men don’t have job, they
will they get bad temper easily. Sometime when they get bad temper, they lost control and they
can use violent is family.
Fifth, cinema is the major factor of domestic violence. The impact of movies on teens has been
well studied, and although there is still much more research to be done, some things are already
clear. While watching movies on the big screen can be entertaining for a teen, these movies
can also have long lasting effect on the way he or she views the world. The problem begins to
occur when you start viewing movies as a guideline for how to live your life or start buying
into the unrealistic portrayals of attractiveness, violent behavior and drug use often seen in
popular .Movie violence is often portrayed as harmless, but it can actually cause a rise in violent
behavior in some teens. In particular, realistic, violence in movie such as portrayals of domestic
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violence or crime, can significantly impact a teen’s mental state. Some potential ways movie
violence can influence a teen include: Desensitizing the teen to real-world violence, Teaching
aggressive behavior and encouraging violence as a way to solve conflict, Increasing anxiety
and stress by making the teen more afraid of becoming a victim of violence, Making the teen
less likely to report violence in school, domestic violence, or violence on the part of a boyfriend
or girlfriend. For some teens, watching violence movie may be even more of a problem. Teens
with impulse control problems, emotional problems or behavioral issues may be more
influenced by movie violence than other teens.
The last one is sexual. Sexual and rape is one of the factor of domestic violence. Rape and
sexual violence are perpetrated by family members, acquaintances and sometimes strangers,
and occur in the home, school, work place and in the community. By The Cambodia Violence
Against Children Survey that we call CVACS found that 4 percent of female and 5 percent of
male from age 18-24 reported that they have at least one experience of sexual abuse before 18.
Perpetrated of sexual abuse often known to children, with neighbors, friends, boyfriends and
family members as common perpetrators of the first incident of childhood sexual abuse. There
are high rates of sexual harassment for women in the word place like beer promoted, including
unwanted sexual touching is 80 percent and coerced sex 38 percent according to study for
Cooperative for American Remittances to Europe (CARE). In conclusion, women and children
are easy to fact in a sexual violence because of work place, situation they live, and sometimes
men rape them.
II. Situation of Domestic Violence in Cambodia
Domestic violence now a day, if we compare to the past it is decreasing but it’s still a lot for
our country. According to president of LICADOH, an NGO that monitors human right through
a wide range of program, at least 25 percent of women in Cambodia have experience in
domestic violence in 2012. Similarly, Gender and Development for Cambodia that we called
GADC indicated that 20percent of married women in Cambodia experience in domestic
violence. ADHOC – Cambodian Human Right and Development Association, reports that in
2012, according to their own investigation and monitoring, there were at least 1089 cases of
domestic violence against women and children. From 2005-2006 there was a 20 percent
increase in the number of rape case that LICADOH received. In 2006 LICADOH received over
300 complaint from Cambodian women about domestic violence, rape and sexual assault, or
human trafficking for the purpose of sexual exploitation. But in 2015 they increasing the
proportion of case of domestic violence counseled by qualified personal to 100. Also increase
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population percentage aware that violence against women is wrongful behavior and criminal
act to 100 in this year. In conclusion, now people in Cambodia known a lot about domestic
violence. But it still happen in Cambodia a little bit.
1. Statistic of Domestic Violence in Cambodia
In 2005, 64% of participants in a national survey were aware of a husband who physically
abuses his wife. In 2009, this has decreased to 53%, which may show a decline of domestic
violence.
Source: Department of Planning and Statistics, Ministry of Women’s Affairs, 2014
III. How Government Law Works to Reduce Domestic Violence?
Domestic violence is the problem that government always try to find the solution. The
government reduces domestic violence by policies, educations, laws, and media. The law is the
best way for using in Cambodia for cut down this problem. We can see many law that useful
for reducing domestic violence in Cambodia.
1. Domestic Violence Law in Cambodia
Cambodia also has the law and relevant convention against domestic violence. So here is the
Cambodia's commandments and Regulatory Yin international regulations against domestic
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violence, which are as follows: First, Constitution (2010):contains articles related violence, as
follows: equal rights between men and women before the law (Article 31), right to life, liberty
and personal security (Article 32) the law must protect the life, honor and people's dignity
(Article 38) Protect the Rights of the Child (Article 48) and the health of the citizens is
guaranteed (Article 72).
Second, Law on the Prevention of Domestic Violence and Protection of Victims (2005): this
law deal with, especially on the issue of domestic violence. The purpose of this law is to protect
her husband, wife, child support and other members who live in the same roof through strictly
legal recognition of domestic violence and provides for a UN intervention from local
authorities, and by allowing the court to issue regulations to protect victims.
Third, the Cambodian government remedy: victims can ask for help from local authorities,
such as local authorities or councils. Khouh is responsible for their own security in the
commune. However, there is a lot of data to show that the provisions are not consistent
interpretation, and also shows that the local authorities attempted to mediate the couple rather
than intervention to protect victims.
Fourth, International agreements relating to domestic violence: Cambodia is a signatory of the
Universal Declaration of Human Rights (1948), the Convention on the deletion of All Forms
of Discrimination Against Women (1979), the Convention on the Rights of the Child (1989)
and the UN Declaration on the Elimination of Violence Against Women (1993).
2. How the Domestic Violence Law Changes Society?
In Cambodia, we have domestic violence laws that can help a lot of women, and they provide
opportunity for women to find out the ways solving the problems. For example, Cambodia’s
2005 law on the Prevention of Domestic Violence and the Protection of the Victims (the
Domestic Violence Law) does provide women the opportunity to seek justice, and its very
existence marks significant progress in addressing household abuse. The law brings domestic
violence into a public arena and out of the privacy of the home and family, thus enabling
Cambodia women to specifically protect themselves from domestic violence. Domestic
violence law helps not only the women but also men understand the impacts of using violence
with the family. Moreover, the Law can only be successful if there are also measures to protect
women after they report domestic violence. In 2009 domestic violence is decreased because of
Domestic Violence Law.
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The Law on the Prevention of Domestic Violence and the Protection of the victims was adopted
in 2005. 96% of men consider the law very helpful, 98% of women also agree.
Source: Department of Planning and Statistics, Ministry of Women’s Affairs, 2014
IV. Challenges of Law Enforcement
Although the policy framework has improved significantly in recent years, legal protection for
violence against women is particularly constrained by poor law enforcement. This is due to a
lack of coordination with other authorities, investigative resources and skills, and clear
guidelines to carry out and enforce the laws.
The Domestic Violence Law (DV Law) lacks clarity as to who is covered by the law, definition
of removal of victims from the scene, and in the provision of protection orders. The Sub-Decree
on Administrative Decisions by Local Authorities in Cases of Domestic Violence, foreseen by
the DV Law of 2005, has yet to be issued, creating another challenge. These gaps result in
unclear guidance on determining criminal cases.
In Cambodia, traditional gender norms and customs are prescribed in the “Chbab Srey” that
states that women must serve and respect their husbands at all times. It is deeply rooted in
Cambodian culture, learned from early childhood, and continues to perpetuate gender
stereotypes. Culture and tradition dictates that women striving to attain this behavior will be
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rewarded. As a consequence of this moral code, Cambodian women suffering from domestic
violence will not discuss their problems with outside parties, believing that problems within
the marriage should stay private.
Katherine (2014) proposes that: “We found several cases of women changing their minds and
cases being dropped, mainly because the family relies on the violent man’s income”. Many
women are depended on their husband income for support her, so they change their minds,
because they can’t stand without their husband’s income.
V. Recommendations/Suggestions for the Government
The government of Cambodia should immediately implement the following recommendations:
With the passing of the Law on the Prevention of Domestic Violence and the Protection
of Victims, immediately embark on a nation-wide educational and awareness campaign
targeting police, lawyers, judges and in particular, the general public on domestic
violence. Particular emphasis should be focused on Cambodian males and those living
in rural areas.
Provide training aimed at police, lawyers and the judiciary in recognizing and
combating domestic violence in Cambodia.
Conduct educational campaigns, particularly in rural areas, to counter traditional
thinking that women are inferior to men and to inform them of their rights within a
domestic context.
Increase the number of trained female law enforcement officers and legal officials in
dealing with domestic violence victims.
Government should create law about alcohol for reduce factors of domestic violence.
VI. Conclusion
Domestic violence is one of the serious issue in Cambodia. Government try to reduce domestic
violence by using law because law is the best way for Cambodia. Government Domestic Law
play an important role to decrease the domestic violence. And it raise the awareness among
women Cambodia to share her problems and find the solution. Cambodia’s 2005 Law on the
Prevention of Domestic Violence and the Protection of the Victims (the Domestic Violence
Law) does provide women the opportunity to seek justice, and its very existence marks
significant progress in addressing household abuse. But it’s not always easy for women to use
the law, and due to cultural and financial constraints they often have to reconcile with abusive
partners.
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VII. Bibliography
1. The Cambodian Committee of Women. (2007). How Cambodia Laws Discriminate
Against Women.
2. The Cambodian Human Rights and Development Association. (2012). Issues of
Women’s Rights, Child’s Rights, and Migrant Worker’s Rights. Phnom Penh.
3. Ministry of Women Affairs. (2014). Violence Against Women and Girls.
4. Lim. (2009). Out of Court Resolution of Violence Against Women. Phnom Penh.
5. Cambodian League for the Promotion and Defense of Human Rights. (2006).
VIOLENCE AGAINST WOMEN IN CAMBODIA. Phnom Penh.
6. The Ministry of Women Affairs of the Kingdom of Cambodia. (2005). VIOLENCE
AGAINST WOMEN. Phnom Penh.
7. Ministry of Women Affairs. (2014). Key Gender Statistics in Cambodia.
8. Violence against women on the rise, says government (Phnom Penh) (2008, 26 Nov).
9. In Cambodia, It’s Not Really Domestic Violence Until the Women Bleed (Phnom Penh)
2015, 25 Feb.
10. Report Finds Poor Implementation of Domestic Violence Law (Phnom Penh) (2014, 21,
Jan).
11. Five Things We Can Do to Reduce Domestic Violence. (2014, 14, Sep.)
12. Children: The silent victims of domestic violence (2014, 10, Sep.)
13. Delaware Coalition Against Domestic Violence. (2015). ‘Who is Affected By Domestic
Violence’. @ http://www.dcadv.org/who-affected-domestic-violence#wrapper
14. Minnesota Advocates for Human Rights. (2003). DOMESTIC VIOLENCE AND
CHILDREN. @ http://www1.umn.edu/humanrts/svaw/domestic/link/children.htm