Committee on the Rights of the Child

Sixty-eighth session

12–30 January 2015

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the report submitted by Cambodia under article 8, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

The State party is requested to submit in writing additional, updated information (15 pages maximum), if possible before 15 October 2014.

The Committee may take up any aspects of the children’s rights set out in the Optional Protocol during the dialogue with the State party.

Please provide further information on the exact role played by the Ministry of National Defence in coordinating the implementation of the Optional Protocol with other ministries, and on its coordination with the Cambodian National Council for Children.

Please inform the Committee about any public awareness programmes, including campaigns conducted by the State party, to ensure that all communities, in particular children and their families, are adequately informed about the provisions of the Optional Protocol, including the minimum age for voluntary recruitment of children into the armed forces.

Please indicate the measures taken by the State party to ensure the independence of the Cambodian Human Rights Committee and to make it accessible to all children in the State party.

In the light of the low birth registration rate and the possibility of forging identity documents of children, please inform the Committee of the measures taken by the State party to ensure the birth registration of all children and to establish a comprehensive age verification system in order to prevent effectively the recruitment of children into, and their use in, the armed forces.

Please clarify whether there are any military colleges and schools in the State party and, if so, please specify the age group those schools and colleges cater to, the minimum age for entry into those institutions, whether they enrol students under the age of 18 and whether there is any complaint mechanism within the institutions that is accessible to children. Please also clarify whether those military colleges and schools provide training on the handling of weapons.

In the light of the information provided in paragraph 48 of the State party’s report (CRC/C/OPAC/KHM/1), please specify whether the criminal legislation and regulations in force define the offences enumerated in article 4, paragraphs 1 and 2, of the Optional Protocol, includingwhat constitutes direct participation; the maximum and minimum penalties that can be imposed; statutes of limitations; and the sentences prescribedfor attempts to commit, and complicity or participation in, those offences.

Please inform the Committee whether the recruitment and use of children by non-State armed groups is prohibited and criminalized in the State party. If not, please inform the Committee whether the State party is considering introducing legislation that prohibits and fully criminalizes the recruitment and use of children in hostilities by non-State armed groups.

With regard to paragraph 21 of the State party’s report, concerning article 42 of the Law on the General Statutes for Military Personnel of the Royal Cambodian Armed Forces, please clarify whether the three criteria outlined in the paragraph are cumulative and whether a potential recruit must meet all the essential criteria to be enrolled in the Cambodian professional military services.

Please provide detailed information concerning the actual or possible recruitment of children along the Cambodian-Thai border in northern Cambodia.

Please inform the Committee whether the State party can establish and exercise extraterritorial jurisdiction over all offences under the Optional Protocol.

Given that children continue to be directly affected by mines, unexploded ordinance and explosive remnants of war, please provide information on the continuation of mine action programmes in the State party to remove effectively all landmines and unexploded ordinance in areas of previous armed conflict. Please describe the measures and programmes established to ensure adequate care and assistance for child survivors and their families, including throughthe rehabilitation and reintegration of survivors.

Please provide information on the procedures used to identify as quickly as possible any child refugees, asylum seekers or migrants who have been or are at risk of being recruited or used in armed conflict. Please also provide more information on the assistance available for the psychological and physical recovery and social reintegration of such children in the State party.

Please indicate whether national legislation prohibits the export of arms, including small arms and light weapons, and military assistance to countries where children are known to be or could be recruited or are used in armed conflict and/or hostilities, in accordance with article 7, paragraph 1, of the Optional Protocol.