New law ‘urgent’, but imperfect
Thu, 29 December 2016
Erin Handley

Cambodia’s landmark juvenile justice law is still riddled with gaps that could see young people slip through the cracks, according to a new report, but it is also desperately needed in the wake of recent statistics pointing to a dramatic rise in children imprisoned this year.

Iman Mooroka, spokesperson for child rights organisation UNICEF, which helped draft the new law, said it was due to take effect early next year and was a matter of necessity. “The implementation of this new law is urgent, as there has been a noticeable rise in the number of children in detention, from 8 per 100,000 child population [in 2015] to 14 per 100,000 children [in 2016],” she said, citing government figures.

She added that Cambodia was to be congratulated on the law, which was signed by the King in July. “It focuses on diversion as the proper response to alleged youth criminality rather than punishment,” she said, adding that children tried and incarcerated for minor offences as adults “struggle to return to normal life”.

However, a report made public last week by World Vision found that although the new law would correct several glaring judicial errors, there were still significant gaps.

These included a shortage of pro-bono lawyers for children, the fact that minors are not always separated from adults in prisons, and that only a handful of prisons offer educational opportunities for incarcerated juveniles.

“Children who are convicted of a crime in Cambodia are almost exclusively sentenced to prison,” the report read...
http://www.phnompenhpost.com/national/n ... -imperfect

To be 14 & thrown into the lions den will prolly not improve the lads odds in the future.
Although he may be able to hone his skills through rigorous tutelage.

FFS can you imagine a Cambodian pro-bono publico attorney?

Just came across this global ranking on access to justice for children, from Child Rights International Network (CRIN) 2017. Cambodia scores 166/197.
Could do better.



https://www.crin.org/en/access-justice- ... al-ranking

Cambodia to soon establish juvenile prison: Social Affairs
18 August 2017
A sub-decree establishing Cambodia’s first juvenile prison will be issued by the start of September, Minister of Social Affairs Vong Soth told United Nations Special Rapporteur Rhona Smith on Wednesday.

Observers said such a facility is long overdue, with young people aged 14 to 18 still being incarcerated in Cambodian prisons alongside adults.

“Based on this sub-decree [due] by the end of this month, or the beginning of next month, we will have a centre – or we can say a jail – to put the children who abuse or [behave] contrary to the law,” Soth said, adding that the centre would have capacity for 700 to 1,000 underage inmates.

Smith, who has a special interest in child rights, said 482 children remain incarcerated at Prey Sar’s Correctional Centre 2 in Phnom Penh and noted “it’s not so many more that this new facility will accommodate”.
She also urged the government to only detain children “when absolutely necessary” and ensure they receive a good education, as well as vocational training, such as air conditioning or motorbike repair, both of which are currently on offer in Prey Sar with assistance from NGO This Life Cambodia (TLC)...
http://www.phnompenhpost.com/national/c ... al-affairs

CEOCambodiaNews wrote: ↑Sun Aug 20, 2017 3:02 pm Cambodia to soon establish juvenile prison: Social Affairs
18 August 2017
A sub-decree establishing Cambodia’s first juvenile prison will be issued by the start of September, Minister of Social Affairs Vong Soth told United Nations Special Rapporteur Rhona Smith on Wednesday.

Observers said such a facility is long overdue, with young people aged 14 to 18 still being incarcerated in Cambodian prisons alongside adults.

“Based on this sub-decree [due] by the end of this month, or the beginning of next month, we will have a centre – or we can say a jail – to put the children who abuse or [behave] contrary to the law,” Soth said, adding that the centre would have capacity for 700 to 1,000 underage inmates.

Smith, who has a special interest in child rights, said 482 children remain incarcerated at Prey Sar’s Correctional Centre 2 in Phnom Penh and noted “it’s not so many more that this new facility will accommodate”.
She also urged the government to only detain children “when absolutely necessary” and ensure they receive a good education, as well as vocational training, such as air conditioning or motorbike repair, both of which are currently on offer in Prey Sar with assistance from NGO This Life Cambodia (TLC)...
http://www.phnompenhpost.com/national/c ... al-affairs

Almost three years since the authorities assured UN Special Rapporteur Rhona Smith that juvenile offenders would be kept in a separate facility from adult criminals,(above post), and Cambodia's first juvenile detention center has not opened yet. Authorities from the Ministry say that the construction work is almost at the halfway point and they expect to open "soon".

First Juvenile Rehabilitation Centre to Open Soon
AKP Phnom Penh, May 07, 2020 --
The first ever Juvenile Rehabilitation Centre will operate at the end of this year, said recently H.E. Toch Channy, Director General of Technical General Department at the Ministry of Social Affairs, Veterans and Youth Rehabilitation, quoted by local media.

The construction of the centre, located in Kandal Stung district of Kandal province, has already been 40 percent completed, continued the director general, stressing that once opened, the prisoners under the age of 18 will be transferred there.

Cambodia currently has 1,800 inmates below 18 years old who stay with other prisoners in prisons across the country.

This centre will become another historic achievement to serve the field of social affairs after the rehabilitation centre for people with mental disorders and the national centre of people with disabilities.

By C. Nika
- AKP

Lawyers sought for youths
Voun Dara | Publication date 17 December 2020 | 22:23 ICT

Bar Association of the Kingdom of Cambodia (BAKC) president Ly Chantola said the BAKC is collaborating with the UN Children’s Fund (UNICEF) to provide legal assistance to both juvenile victims and defendants at court hearings across the country.

The decision to provide legal representation came on December 16 when Chantola and UNICEF Child Protection Officer Lim Vanna concluded their discussion on working together to help children in need of legal assistance.

Tola told The Post on December 17 that the BAKC has worked with UNICEF on child issues and this latest discussion aimed to create a new mechanism for further collaboration.

“The BAKC also wishes to protect child victims. In general, we strengthen the ability of lawyers in carrying out their work with child offenders. So, what we had [agreed in our] discussion is to assist both the child victims and offenders,” Tola said.

He said the BAKC would train lawyers in additional knowledge on juvenile justice to equip them with the required skills to represent children as defence lawyers in court.

Chantola said Cambodia’s juvenile justice law has some unique specifications on educational and correctional measures for child offenders. Furthermore, to defend children in court, lawyers should have additional skills in areas such as child psychology.
https://www.phnompenhpost.com/national/ ... ght-youths

Youth Rehabilitation Centre in Kandal Province Inaugurated
AKP Phnom Penh, December 28, 2021 --
The Youth Rehabilitation Centre in Bakou commune, Kandal Stung district, Kandal province was officially inaugurated on Dec. 28, which will play a key role in helping to rehabilitate and build the nation's human resources.

The inauguration ceremony was presided over by Samdech Kralahom Sar Kheng, Deputy Prime Minister, Minister of Interior, with many senior officials and provincial leaders in attendance.

Broken ground in February 2020, the centre is divided into France-Hungary friendship children's village, mental health rehabilitation and care centre, Bakou health centre built by the Ministry of Health, drug treatment and rehabilitation centre, and youth rehabilitation centre.

The Youth Rehabilitation Centre is another new achievement of the Royal Government of Cambodia, Samdech Sar Kheng underlined.

“The centre is a place where juvenile offenders can receive education and change themselves into good youth in the society, which is in line with the actual situation of Cambodia, based on national laws and international rules,” said Samdech Sar Kheng.
- AKP

Committee on the Rights of the Child Highlights Areas of Progress and Concern on Child Rights in Cambodia
AKP Phnom Penh, June 16, 2022 --

The United Nations’ Committee on the Rights of the Child has issued its observations on the progress Cambodia has made towards meeting the legally-binding international Convention on the Rights of the Child. It recognises the progress made by the Royal Government of Cambodia between 2011 and 2022, while also highlighting areas of concern around issues such as education and child protection.

The Committee monitors the implementation of the Convention on the Rights of the Child (CRC) which is based on the key principles of the right to life, survival and development, non-discrimination, best interest of the child, and the right to be heard. As the most ratified international convention in the world, the CRC has inspired governments to change laws and policies to ensure the fulfilment, realisation and protection of children’s rights.

“The Committee welcomes the various legislative, institutional and policy measures to implement the Convention, including the adoption of the law on juvenile justice, the action plan to prevent and respond to violence against children, the action plan for improving childcare, and the policies on child protection in schools and on inclusive education,” states the Committee’s concluding observations.
https://www.akp.gov.kh/post/detail/256043

See also: Cambodian Kids in Jail - Sok's Story (Khmer video)
post506826.html?hilit=child%20jail#p506826

Justice Minister Meets Two UN Senior Officials for Human Rights
AKP Phnom Penh, August 26, 2022 --

H.E. Koeut Rith, Minister of Justice, held separate talks here yesterday with two United Nations senior officials for human rights, Mr. Vitit Muntarbhorn and Mrs. Roueida El Hage.

The meeting with Mr. Vitit Muntarbhorn, UN Special Rapporteur on the human rights situation in Cambodia, focused on the implementation of recommendations of the last survey of the UN Committee on the Right of the Child, prison overcrowding, and the establishment of juvenile court.
https://www.akp.gov.kh/post/detail/260761

UPDATE:
LICADHO Report
End the Needless Detention of Children in Cambodia's Inhumane Prisons
Published on 1 June 2023


Youth Rehabilitation Centre in Kandal province
On Children’s Day 2023, amid a soaring number of minors detained behind bars, LICADHO calls on the Cambodian government, including the Ministry of Justice, Ministry of Interior and courts, to immediately address the ongoing crisis of children unnecessarily growing up in Cambodia’s inhumane prisons.

The number of minors detained in the 19 prisons monitored by LICADHO has soared by more than 30% over the last year according to information provided by prison administrations, reaching 1,658 minors in April 2023. More than 96% of them are boys, 52% of them were in pre-trial detention, and a further 37% were awaiting a final verdict.

Cambodian law acknowledges that prison is no place for minors by providing alternatives to detention, and defines them as being aged 14 to 17 at the time of allegedly committing an offense. The 2016 Law on Juvenile Justice outlines that pre-trial detention is a measure of last resort in accordance with the presumption of innocence, and promotes diversion and community service as alternatives to prosecution and suspended sentences or conditional release as alternatives to imprisonment.

And yet these alternatives are underused, and the number of minors detained in Cambodia continues to rise at an alarming rate.


Amid Cambodia’s ongoing drug crackdown and an increase in drug-related arrests in 2022, it’s likely that the majority of minors in prison were arrested for non-violent drug offences – cases in which bail and diversion should be used when eligible to ensure a child is not needlessly sent to prison.

Legal representation is mandatory for minors suspected of crimes in Cambodia, yet many children report that they have never spoken with a lawyer or been given the chance to apply for bail. The over-use of pre-trial detention therefore often goes unchallenged, alternatives to detention are not used, and the minor’s fair trial rights and well-being are disregarded.

At least 82 young children were additionally living in prisons with their detained mothers as of April 2023, and 30 imprisoned women and girls were pregnant. Bail should similarly be granted to all eligible mothers of young children and pregnant people, so that they can maintain the mother-child bond at home.

The impact of imprisonment on children is severe, and further exacerbated by the overcrowded and unsanitary conditions that plague Cambodia’s prison system. Prisons monitored by LICADHO—in which minors are not always separated from the adult prison population—had an average occupancy rate of 250% of their official capacities as of April. Three were over 450% capacity. People in detention, children included, routinely report a lack of access to adequate food, water, space to sleep, and family contact and having to pay for these basic needs. Access to healthcare and nutritional support are equally inadequate, endangering the lives of both children and their mothers.

Full report : https://www.licadho-cambodia.org/pressr ... 11&english