COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
4-22 May 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT
Concluding observations of the Committee on Economic, Social and Cultural Rights
The Committee on Economic, Social and Cultural Rights considered the combined initial and second to fourth periodic reports of Cambodia on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/KHM/1) at its 11th to 13th meetings (E/C.12/2009/SR.11-13), held on 11 and 12 May 2009, and adopted, at its 26th meeting, held on 20 May, the following concluding observations.
The Committee welcomes the submission of the combined initial and second to fourth periodic report of the State party, but regretsthe 14-year delay in its submission. The Committee also welcomes the written replies to its list of issues (E/C.12/KHM/Q/1), but regretsthat some of itsquestionshave remained unanswered.
The Committee appreciates the opportunity to hold a dialogue with representatives of the State party and the answers to the questions raised by the Committee. The Committee regrets the absence of experts from the State party and that the information provided was in some cases not sufficiently detailed to enable the Committee’s fuller assessment of the level of enjoyment of the rights provided for in the Covenant in the State party.
B. Positive aspects
The Committee notes with satisfaction the Declaration of Human Rights contained in chapter III of the State party’s Constitution covering many economic, social and cultural rights. The Committee also welcomes the July 2007 decision of the Constitutional Council, that international treaties are part of the national law and that courts should take treaty norms into account when interpreting laws and deciding cases.
The Committee welcomes the “Rectangular Strategy” of the Royal Government of Cambodia, and its programmes for strengthening good governance and the advancement of human rights, among others.
The Committee notes with satisfaction that, according to the report contained in the Mid-Term Review in 2008 on National Strategic Development Plan 2006-2010, a logging moratorium has been imposed on all existing logging concessions; 2,158 cases of forest crimes have been entered into the case tracking system; 606 offenders have been arrested and sent to courts; and that 215,521 hectares of forest land have been reclaimed from land-grabbing and encroachment.
The Committee welcomes the launching by the State party of a project for carbon credits for community forestry under the Clean Development Mechanism and the Reduced Emissions from Deforestation and Forest Degradation of the United Nations Framework Convention on Climate Change.
The Committee notes with appreciation the legislative and other measures adopted by the State party to promote the enjoyment of economic, social and cultural rights, in particular:
The creation of the Cambodian Human Rights Committee for the purpose of preparing reports on the international human rights treaties ratified by the State party.
The establishment of the Cambodian Landmine Authority, Cambodian Mine Action Centre (CMAC) and the clearing of landmines in the area of 47,650 of which 28,590 hectares is cultivated land with 1,698 villages and communities.
The adoption in 2007 of the Law on Water Management that regulates water supply, irrigation and drainage systems, and surface water storage capacity and underground water use.
The Sub-Decree No. 103 of December 2000 on Birth Registration.
The 2006-2010 Strategic Plan of the Ministry of Labour and Vocational Training, providing special services for persons with special needs such as the youth, persons with disabilities in particular among minority groups.
The establishment of the Second National Plan on Human Trafficking and Sex Trafficking, 2006-2010.
The establishment of the National Action Plan for 2008-2012 on the Elimination of Serious Forms of Child Labour.
The Committee notes with satisfaction the adoption of measures aimed at promoting the enjoyment by women of their economic, social and cultural rights, including:
The adoption of Guidelines issued by the State Secretariat of Civil Service 2008, instructing all government agencies to apply temporary special measures targeting between 20 to 50 per cent for women among all new recruits;
The establishment of the National Policy and Sector Policy on Gender Issues, as well as the Ministry of Women’s annual strategic plan Neary Ratanak II(“Women are the Precious Gem Stone”);
The establishment of the National Council for Women in February 2001;
The adoption of the Law on Prevention of Domestic Violence Protection of Victims, in 2005;
The entry into force in August 2007 of the new Code of Penal Procedure;
The 2008-2012 Strategic Plan on Women and AIDS of the Ministry of Health aimed at educating and disseminating information on health issues affecting women, and in particular, reproductive health.
The Committee welcomes the ratification, by the State party of:
The Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Punishment, in 2007;
The Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, in 2000.
C. Factors and difficulties impeding the implementation of the Covenant
The Committee notes the State party’s emergence from the isolation and devastation brought about by more than two decades of war, has been a slow and difficult process. The Committee notes, in particular, that the tragic extermination of a large number of the population, including qualified professionals in the economic, social and cultural field, has left the State party bereft of the expertise necessary for the recovery of the country at a more satisfactory pace.
D. Principal subjects of concern and recommendations
12.The Committee regrets that, despite the constitutional guarantees, it has not been established that Covenant provisions can in practice be invoked before or directly enforced by the State party’s national courts, tribunals or administrative authorities. In this regard, the Committee notes with concern, the lack of effective remedies for violations of human rights including economic, social and cultural rights, thereby undermining the State party's ability to meet its obligations under the international human rights treaties that it has ratified including the International Covenant on Economic, Social and Cultural Rights.
The Committee draws the attention of the State party to its general comment No. 9 (1998) on the domestic application of the Covenant, and recommends that the State party take all appropriate measures to ensure the direct applicability of the Covenant provisions in its domestic legal order, including the conduct of training programmes for judges, lawyers and public officials. The Committee also requests the State party to include in its next periodic report detailed information on progress that has been made in this connection and on decisions of national courts, tribunals or administrative authorities giving effect to Covenant rights.
13.The Committee notes with concern the absence in the State party, of an independent national human rights institution conforms to the Paris Principles relating to the status and functioning of national institutions for protection and promotion of human rights.
The Committee strongly recommends that the State party, in accordance with the Prime Minister's proposal of September 2006, expedite its efforts in establishing an independent national human rights institution that conforms to the Paris Principles. The Committee requests the State party to ensure that the envisioned national human rights institution be mandated to protect and promote the provisions of the Covenant, and that adequate financial resources be provided for its independent operations. In this regard, the Committee urges the State party to seek the technical assistance of the OHCHR Cambodia Country Office.
14.The Committee notes with concern the reports on the lack of independence and effectiveness of the judicial system, which hinders the full enjoyment of human rights, including economic, social and cultural rights. The Committee is alarmed by reports that, despite the efforts undertaken by the State party, corruption continues to be widespread, including in the judiciary.
The Committee urges the State party to adopt its draft Anti-Corruption Law without delay, and to intensify its efforts to modernize and improve the work of the judiciary, including through a revamped Plan for Judicial Reform. The Committee recommends that the State party intensify its efforts to prosecute cases of corruption and review its sentencing policy for corruption-related offences. It also recommends that the State party undertake training and capacity-building programmes for the police and other law enforcement officers, prosecutors and judges, on the strict application of anti-corruption legislation and measures, and to adopt effective mechanisms to ensure transparency in the conduct of public authorities, in law and in practice. The Committee requests the State party to provide in its next periodic report, detailed information regarding progress that has been achieved, and the difficulties encountered, in combating corruption.
15. The Committee is deeply concerned about the most recent FAO global forest survey estimating that the State party has lost 29 per cent of its primary tropical forest cover over the last five years, one of the most serious cases being the continuing destruction of the Prey Long forest in Northern Cambodia. The Committee is also concerned about the reports that the rapid increase in economic land concessions in the last several years, even within the protected zones, is the major factor in the degradation of natural resources, adversely affecting the ecology and biodiversity, resulting in the displacement of indigenous peoples from their lands without just compensation and resettlement, and in the loss of livelihood for rural communities who depend on land and forest resources for their survival. (art. 1)
The Committee urges the State party to review its policy regarding the conversion of protected zones into economic concessions, by conducting environmental and social impact assessments including consultations with relevant stakeholders and communities with due regard to their right to participate in informed decisions that affect their lives. The Committee strongly recommends that the granting of economic concessions take into account the need for sustainable development and for all Cambodians to share in the benefits of progress rather than for private gain alone. The Committee requests the State party to give, in its next periodic report, detailed information on the progress made in the implementation of these policies.
16. The Committee notes with concern that the 2001 Land Law, which provides for the titling of indigenous communities' communal lands, has not been implemented effectively and that so far, no indigenous community has received any land title. The Committee also notes with concern, the adverse effects of the exploitation of natural resources, in particular mining operations and oil exploration that are being carried out in indigenous territories, contravening the right of indigenous peoples to their ancestral domains, lands and natural resources. (art. 1)
The Committee urges the State party to implement the 2001 Land Law without further delay and to ensure that its policies on registration of communal lands do not contravene the spirit of this law. The Committee emphasizes the need for carrying out environmental and social impact assessments and consultations with affected communities with regard to economic activities including mining and oil explorations, with a view to ensuring that these activities do not deprive the indigenous peoples of the full enjoyment of their rights to their ancestral lands and natural resources. The Committee encourages the State party to consider ratifying ILO Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries.
17. The Committee notes with concern that, despite the State party's signature of the Convention on the Rights of Persons with Disabilities and its Optional Protocol in 2007, there is no law explicitly prohibiting discrimination against persons with disabilities and that there is no provision, legislative or otherwise requiring that public buildings and government services should be accessible to persons with disabilities. The Committee is also concerned about reports that persons with disabilities suffer from the inaccurate stereotype that they cannot be productive members of society, resulting in difficulties in obtaining skilled employment. (art. 2.2)
The Committee recommends that the State party adopt the draft national law on the rights of persons with disabilities. The Committee requests the State party in its next periodic report to provide detailed information on persons with disabilities, including children and women, with regard to their enjoyment of economic, social and cultural rights.
18. The Committee notes with serious concern that despite legislative and other measures of the State party to eliminate discrimination against women, gender stereotyping persists in Cambodian society, including practices attributed to tradition such as those contained in the Chbap Srey (didactic code) which is still part of primary education curriculum and which legitimizes the inferior role of women. This stereotypical attitude recognizes the value of women's work only in the household but not women's work in society, thereby depriving women of their full enjoyment of the Covenant rights. (art. 2, para. 2)
The Committee strongly recommends that the State party remove the Chbap Srey from the primary school curriculum and to replace it with an educational tool that promotes the value of women both in the home and in society. The Committee also recommends that the State party undertake effective measures to implement its legislation on discrimination against women, and information campaigns and awareness-raising programmes to eliminate the prevailing attitudes and practices that perpetuate the inferior role of women.
19. The Committee notes with concern that, while the prevalence of HIV/AIDS in the State party is declining, it is reported that the number of women being infected by their partners is increasing and that in 2006, 52 per cent of persons living with HIV were females. The Committee also notes with concern that despite the State party's initiatives, there is still limited capacity and a lack of funding and resources directed specifically to programmes focusing on women. (art. 2, para. 2, and art. 12)
The Committee recommends that the State party address the negative stereotypes that increase the vulnerability of women to HIV/AIDS and promote the engagement of men in programmes that provide information about sexual and reproductive rights. The Committee emphasizes the importance of sensitizing law enforcement officers and others in positions of authority by offering more effective information programmes for them.
20. The Committee notes with grave concern that, despite the State party's efforts, the levels of violence against women and girls remain high and that the phenomenon tends to be correlated with high levels of general violence with significant gender inequalities. The Committee notes with concern that the incidence of gender-based violence and sexual assault is supported by gender-biased attitudes that blame the female victim and that redress for victims of violence against women is limited. The Committee further notes with concern that legal protection is constrained by ineffective enforcement of the Domestic Violence Law and that criminal prosecution in this regard remains rare. (arts. 3 and 10)
The Committee urges the State party to strictly enforce and penalize offenders of the Domestic Violence Law and the penal code, and to fully implement the National Action Plan to prevent violence against women. The Committee draws the attention of the State party to its general comment No. 16 on the equal rights of men and women in the enjoyment of all economic, social and cultural rights, and requests the State party in its next periodic report, detailed information on the progress made in this regard.
21. The Committee notes with concern the high unemployment and underemployment in the State party, particularly among the growing numbers of young people in need of job opportunities and appropriate skills. In this regard, the Committee notes with concern that vocational training is inadequate to meet the demands of a changing economy, and the large gap between the skills supply and labour demand. The Committee also notes with concern the estimates in the United Nations Development Programme/International Labour Organization 2007 report and the draft United Nations Youth Situation Analysis 2009 that 300,000 young people enter the labour market every year and that this figure will increase to 400,000 in the near future, thus making it difficult for the State party to absorb these new job-seekers. (art. 6)
The Committee recommends that the State party review its employment policies and develop a strategic employment plan to promote youth employment. The Committee also recommends a review of the training strategy with a view to ensuring technical, vocational education that responds to labour demands, in consultation with workers' and employers' organizations as well as local stakeholders.
22. The Committee notes with concern the persistent inequality in wages for work of equal value for men and women in practice. (art. 7)
The Committee strongly recommends to the State party that the principle of equal pay for work of equal value for men and women should be fully and clearly reflected in the legislation, that the legislation should be strictly enforced and that concrete and effective measures be undertaken in this regard.
23. The Committee is concerned that the minimum wage is applicable only in the garments industry to the exclusion of other sectors, and that this minimum wage does not enable garment workers and their families to enjoy an adequate standard of living. (art. 7)
The Committee recommends that the State party establish a universal minimum wage that will enable all workers and their families to enjoy an adequate standard of living.
24. The Committee is gravely concerned that the assassination of Chea Vichea, Ros Savannareth and Hy Vuthy - leaders of the Free Trade Union of Workers of the Kingdom of Cambodia, the death threats on other trade union leaders, the failure to investigate the assassinations and death threats and to bring the real offenders to justice, have contributed to the climate of impunity in the country. The Committee notes with concern the report of the ILO mission to the State party conducted in 2008 stating that the Cambodian judiciary is plagued by serious problems of capacity and a lack of independence; that the conviction of Born Samnang and Sok Sam Oeun for the murder of trade union leader Chea Vichea was held in a trial marked by procedural irregularities, including the court's reluctance to entertain evidence of their innocence; that Thach Saveth was sentenced to 15 years in prison for the murder of trade union leader Ros Savannareth; and that no concrete steps had been indicated by the State party to ensure a meaningful and independent review of the outstanding cases. The ILO report also noted with concern that it had received no information on any progress made in the investigation concerning Hy Vuthy, and that there had been a miscarriage of justice in prosecuting the wrong men for the assassinations, while the real offenders remain at large and unpunished. (art. 8)
The Committee affirms that the rights of workers as provided for under article 8 of the Covenant can only be exercised in a climate free from violence, pressure or threats of any kind. The Committee urges the State party to take all necessary measures as requested by the ILO Committee on Freedom of Association, to ensure that the trade-union rights of workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security or their lives. The Committee requests the State party to seek the technical cooperation facilities of the ILO, notably in the area of reinforcing institutional capacity, as well as with respect to the establishment of labour courts and the revision of the Law on Trade Unions. The Committee also requests the State party, in its next periodic report, to provide a detailed update regarding this concern.
25.The Committee notes with concern that despite the State party’s efforts, child labour continues to be a serious problem in the country. The Committee is particularly concerned that the law prohibiting child labour has not been enforced, even in the formal employment sector, and that children are still vulnerable to all the worst forms of child labour, including forced or bonded child labour and commercial sexual exploitation. (art. 10)
The Committee urges the State party to intensify its efforts to combat child labour and protect children from all forms of sexual and economic exploitation, including the worst forms of child labour, inter alia through strengthening its national legislation prohibiting child labour in accordance with international standards; increasing the number of labour inspections in order to ensure the respect of its national legislation prohibiting child labour; ensuring the imposition of fines and criminal sanctions to persons making use of illegal child labour; organizing mandatory training for law enforcement officials, prosecutors and judges; and adopting appropriate measures to facilitate recovery and access to educational opportunities for former child workers.
26.The Committee notes with serious concern the reports that an estimated 400 to 800 Cambodian women and children per month are trafficked to foreign countries for sex and that, notwithstanding the various legislative, administrative and policy measures adopted by the State party to combat trafficking, a high number of women and children continue to be trafficked from, through and within the country for purposes of sexual exploitation and forced labour. The Committee is particularly concerned about the low number of prosecutions and convictions of traffickers. (art. 10)
The Committee recommends that the State party intensify its efforts to combat trafficking in human beings, especially women and children, for purposes of sexual exploitation and forced labour, inter alia by prosecuting and convicting offenders of the law against trafficking, supporting programmes and information campaigns to prevent trafficking, providing mandatory training for law enforcement officials, prosecutors and judges on the anti-trafficking legislation and increasing the provision of medical, psychological and legal support for victims.
27. The Committee is deeply concerned that about 36 per cent of the population in the State party lives below the poverty line and are unable to access the WHO standard of caloric intake and that, despite the economic growth in the State party, the national spending on social services such as housing, health and education remains low. The Committee also notes with concern the wide regional disparities in the less developed and economically marginalized provinces, and the significant inequalities in income distribution, especially between urban areas and the rural areas where most of the population live in poverty. (art. 11)
The Committee draws the attention of the State party to its statement on “An evaluation of the obligation to take steps to the ‘maximum of its available resources’ under an Optional Protocol to the Covenant” (E/C.12/2007/1), and recommends that the State party increase its national spending on social services and assistance such as housing, food, health and education so as to achieve, in accordance with article 2, paragraph 1, the progressive realization of the economic, social and cultural rights provided for in the Covenant. The Committee further recommends that the State party allocate sufficient funds for the implementation of its poverty eradication strategy, and ensure the full integration of economic, social and cultural rights in the strategy, as recommended by the Committee in its Statement on “Poverty and the International Covenant on Economic, Social and Cultural Rights” (E/C.12/2001/10).
28.The Committee notes with serious concern that, according to a 2008 study on food prices, about 12 per cent of households or 1.7 million individuals were food-insecure and most affected by food price increases and that these numbers could increase to 2.8 million during the lean season. (art. 11)
The Committee recommends to the State party to strengthen its strategic interventions in response to the alarming situation of increasing food insecurity. The Committee requests the State party in its next periodic report to provide detailed information on the results of these strategic interventions.
29.The Committee is deeply concerned about the continued delay in the adoption of a national housing policy in the State party, and about the large number of urban dwellers living in slums, without adequate housing. (art. 11)
The Committee urges the State party to adopt as a matter of priority, a National Housing Policy that would upgrade poor urban settlements and ensure security of tenure, with clear institutional responsibilities at the national, provincial and local levels, and adequate financial resources for its effective implementation.
30. The Committee is gravely concerned over reports that since the year 2000, over 100,000 people were evicted in Phnom Penh alone; that at least 150,000 Cambodians continue to live under threat of forced eviction; and that authorities of the State party are actively involved in land-grabbing. The Committee notes with deep concern that the rate of large-scale forced evictions has increased over the last 10 years due to increased public works, city beautification projects, private urban development, land speculation, and the granting of concessions over vast tracks of land to private companies. It is also concerned about the lack of effective consultation with, and legal redress for, persons affected by forced evictions, as well as the inadequate measures to provide sufficient compensation or adequate relocation sites to families who have been forcibly removed from their properties. It is also concerned over reports of violence during the evictions, in some cases carried out by the police. The Committee notes with serious concern the example highlighted on 6 May 2009, by the Special Rapporteur on adequate housing, over the possible imminent eviction of "Group 78", who have been involved in a legal battle over their land since 2004, as well as the forced eviction and threats of forced eviction in Sambok Chap in Tonle Bassac, Mittapheap in Sihanoukville, Boeung Kak Lake, Dey Krahorm and Borei Keila in Phnom Penh, among others. (art. 11)
The Committee urges the State party to implement a moratorium on all evictions until the proper legal framework is in place and the process of land titling is completed, in order to ensure the protection of human rights of all Cambodians, including indigenous peoples. The Committee recommends that the State party undertake urgent consultations with all stakeholders in order to reach a definition of "public interest" to complement the 2001 Land Law and develop clear guidelines for possible evictions. The Committee also urges the State party clearly to identify the demarcation of State public land and State private land. The Committee strongly recommends that the State party, as a matter of priority, undertake open, participatory and meaningful consultations with affected residents and communities prior to implementing development and urban renewal projects and to ensure that persons forcibly evicted from their properties be provided with adequate compensation and/or offered relocation that complies with the guidelines adopted by the Committee in its general comment No. 7 (1997) on forced evictions and guarantee that relocation sites are provided with basic services including drinking water, electricity, washing and sanitation, as well as adequate facilities including schools, health care centres and transportation at the time the resettlement takes place. The Committee also draws the attention of the State party to the guidelines on Development-based Evictions and Displacements (A/HRC/4/18), prepared by the Special Rapporteur on adequate housing.
31. The Committee expresses its deep concern about the culture of violence and impunity prevalent in the State party and the repression of human rights activists defending economic, social and cultural rights, particularly those defending housing and land rights. The Committee is also concerned about reports that the court system has been used to legitimize forced evictions and falsely prosecute housing rights defenders. (art. 11)
The Committee urges the State party to take all necessary measures to combat the culture of violence and impunity prevalent in the State party, and for the protection of human rights defenders, including indigenous leaders, peasant activists engaged in defending the economic, social and cultural rights of their communities against any intimidation, threat and violence, whether perpetrated by State security forces and agents or non-State actors. It also calls on the State party to ensure that all alleged cases of repression and abuse are promptly and thoroughly investigated, and that alleged perpetrators are prosecuted and appropriately punished, if found guilty. The Committee requests the State party to provide, in its next periodic report, detailed information on the progress made in preventing and punishing the repressions and abuses.
32. The Committee notes with serious concern that the maternal mortality rate in the State party has remained unchanged and that the State party is not on track to meet its 2015 Millennium Development Goal target and that rates of delivery in health facilities remained low at 22 per cent in 2005, due to obstacles including fees, a shortage of midwives and the fact that most health centres do not operate 24 hours a day, 7 days a week. In addition, the Committee notes with concern that abortion rates are increasing and unsafe abortions are key factors to maternal mortality. The Committee also notes with concern that newborn mortality is still high despite the progress of the State party in addressing infant mortality and mortality of children under 5 years old. (art. 12)
The Committee recommends that the State party enforce and monitor the implementation of the Ministry of Health’s re-deployment and rotation policy to ensure midwives in all health centres country-wide and to provide accommodation and living allowance for midwives. The Committee also recommends that the State party develop maternal “waiting homes” in remote areas, community care for mothers and newborns and establish in-service training for midwives. The Committee strongly recommends that the State party upgrade training and service delivery for the full implementation of the Law on Abortions.
33. The Committee is deeply concerned that the years of turmoil and violence in the State party have resulted in high levels of mental health problems and yet there are no provisions for treatment of people suffering from mental disorders. The Committee notes with alarm that the lack of mental health services often results in patients being incarcerated in prisons, compulsory drug treatment centres or social rehabilitation centres that offer poor mental or social services, and where there have been instances of abuse and where individuals who should be receiving mental health care have been held criminally responsible, convicted and imprisoned. (art. 12)
The Committee strongly recommends that the State party consider enacting a mental health law and adopting a comprehensive mental health strategic plan that includes partnership with NGOs and private sector stakeholders. The Committee also recommends that the State party ensure that individuals with mental health problems are not sent to prison.
34. The Committee notes with concern that primary education is not compulsory in the State party, although the primary education net enrolment ratio has increased over the last few years and has expanded to cover most parts of the country. The Committee notes that primary education continues to be a problem for the various ethnic minorities in the north and east of the country, where there are 20 minority languages spoken by these groups as their mother tongue while the formal education curriculum has only used Khmer as the medium of instruction. The Committee also notes with concern that indigenous communities may lose their culture and language as a result of a lack of education and information in their own languages. (arts. 13, 14 and 15)
The Committee recommends that the State party extend the coverage of the Education Law to ensure the right to education to all Cambodian children whose first language is not Khmer.
35. The Committee notes with concern that, while there have been increases in salaries and allowances for teachers in recent years, they still receive lower earnings than a typical civil servant or labourer. The Committee is concerned that the low salary level means that a majority of teachers have to engage in other economic activities such as a second job, resulting in frequent absences from classes thereby affecting the quality of teaching and learning. The Committee notes with concern that low salaries are considered to be one of the reasons for the continuation of the collection of unofficial fees in many schools. (arts. 13, 14 and 15)
The Committee recommends to the State party that the civil service reform should put a special emphasis on increasing teacher salaries and incentives, linked to a clarification of teachers’ roles, rights and responsibilities.
36. The Committee requests the State party in its next periodic report, to provide detailed information regarding the impact of its bilateral and multilateral trade and investments agreement on the enjoyment of Covenant provisions by the various sectors of both the urban and rural communities throughout the country. (art. 2.1)
37. The Committee requests the State party, in its next periodic report, to provide disaggregated data gathered annually, on the various provisions of the Covenant, as a tool for assessing the progressive realization of economic, social and cultural rights. (art. 2.1)
38. The Committee urges the State party to ensure that maximum available resources are allocated for the protection and fulfilment of economic, social and cultural rights, especially to the most vulnerable and marginalized individuals and groups. The Committee encourages the State party to foster transparency and accountability to improve effectiveness in the implementation of development programmes funded by international donors, in particular for judicial and institutional reforms and for the improvement of the lives of those living in poverty. In this regard, the Committee draws the attention of the State party to its general comment No. 3 on the nature of States' parties obligations (E/1991/23) and its Statement on “An evaluation of the obligation to take steps to the ‘maximum of its available resources’ under an Optional Protocol to the Covenant” (E/C.12/2007/1). (art. 2.1)
39. The Committee requests the State party to provide, in its next periodic report, detailed information, including statistics disaggregated by sex and by rural and urban distribution, on the extent of the informal sector as well as the State party's policies and protection measures, if any, that take this sector into account. (art. 6)
40. The Committee urges the State party to extend the coverage of the social safety nets by developing targeted measures to address the situation of disadvantaged and marginalized individuals and groups, in particular the homeless in urban centres, victims of trafficking, children living on the streets or in conflict with the law, and poor people and households. The Committee further urges the State party to consider establishing a universal social assistance programme to guarantee the enjoyment of the right to social security for everyone in the State party. (arts. 9, 10 and 11)
41. The Committee requests the State party to provide in its next periodic report detailed information regarding the situation of street children in urban and rural communities and the measures, if any, to provide protection and assistance to them. (art. 10)
42. The Committee requests the State party to provide in its next periodic report detailed information on the extent of homelessness throughout the country and the intervention measures and programmes in place as well as their outcomes. (art. 11)
43. The Committee recommends that the State party ensure adequate budget allocation for all levels of education especially basic education, and the transparency of the allocation and disbursement system for the implementation of the right to education. The Committee also recommends that the State party expand non-formal education programmes, particularly for out-of-school girls. (art. 13)
44. The Committee encourages the State party to consider signing and ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
45.The Committee also encourages the State party to consider ratifying ILO Conventions No. 81 (1947) concerning Labor Inspection in Industry and Commerce, and No. 102 (1952) concerning Minimum Standards of Social Security.
46. The Committee requests the State party to disseminate the present concluding observations widely among all sectors of society and to inform the Committee on all steps taken to implement them in its next periodic report.
47. The Committee recommends to the State party to seek the assistance of the OHCHR Cambodia Country Office regarding the implementation of these concluding observations, as well as in the preparation of its next periodic report. It also encourages the State party to continue engaging non-governmental organizations and other members of civil society in the process of discussion at the national level prior to the submission of its next periodic report.
48.The Committee invites the State party to submit a common core document in accordance with the 2006 harmonized guidelines on reporting to the international human rights treaty monitoring bodies (HRI/GEN/2/Rev.5).
49.The Committee requests the State party to submit its combined second to fifth periodic report, in line with the Committee's treaty-specific guidelines for reporting (E/C.12/2008/2) by 30 June 2012.