Cambodia

Article 31 

The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of Human rights, the covenants and conventions related to human rights, women’s and children’s rights.  

Every Khmer citizens shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, color, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status. The exercise of personal rights and freedom by any individual shall not adversely affect the rights and freedom of others. The exercise of such rights and freedom shall be in accordance with the law.  

Article 32 

Every Khmer citizen shall have the right to life, personal freedom, and security. 

There shall be no capital punishment. 

Article 36 

Khmer citizens of either sex shall enjoy the right to choose any employment according their ability and to the needs of the society. 

Khmer citizens of either sex shall receive equal pay for equal work. 

The work by housewives in the home shall have the same value as what they can receive when working outside the home. 

Every Khmer citizen shall have the right to obtain social security and other social benefits as determined by law. 

Khmer citizens of either sex shall have the right to form and to be member of trade unions. 

The organization and conduct of trade unions shall be determined by law. 

Article 46 

The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women shall be prohibited. 

A woman shall not lose her job because of pregnancy. Woman shall have the right to take maternity leave with full pay and with no loss of seniority or other social benefits.  

The state and society shall provide opportunities to women, especially to those living in rural areas without adequate social support, so they can get employment, medical care, and send their children to school, and to have decent living conditions. 

Article 48 

The State shall protect the rights of children as stipulated in the Convention on Children, in particular, the right to life, education, protection during wartime, and from economic or sexual exploitation. 

The State shall protect children from acts that are injurious to their educational opportunities, health and welfare. 

Constitution of Cambodia (PDF)

Article 188: Definition of crimes against humanity  

“Crime against humanity” shall mean any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population:  

…  

(3) enslavement;

Article 8: Definition of Unlawful Removal 

The act of unlawful removal in this law shall mean to: 

1) remove a person from his/her current place of residence to a place under the actor’s or a third person’s control by means of force, threat, deception, abuse of power, or enticement, or 

2) without legal authority or any other legal justification to do so, take a minor or a person under general custody or curatorship or legal custody away from the legal custody of the parents, care taker or guardian. 

Article 9: Unlawful Removal, inter alia, of Minor 

A person who unlawfully removes a minor or a person under general custody or curatorship or legal custody shall be punished with imprisonment for 2 to 5 years. 

The punishment for the offence stipulated in this article shall be remitted or mitigated when all of the following conditions are met: 

1- the person taken under custody, being not less than fifteen (15) years of age, voluntarily gives genuine consent to the criminal act; 

2- none of the means stipulated in subparagraph 1) of Article 8 of this law is used; 

And 3- the offender does not have any purpose to commit an offense. 

The prosecution for the offence stipulated in this article may be commenced upon the filing of a complaint from the parent, custodian/care taker or lawful guardian concerned unless any of the means stipulated in subparagraph 1) of Article 8 of this law is used. 

Article 10: Unlawful Removal with Purpose 

A person who unlawfully removes another for the purpose of profit making, sexual aggression, production of pornography, marriage against will of the victim, adoption or any form of exploitation shall be punished with imprisonment for 7 years to 15 years. 

The offence stipulated in this article shall be punished with imprisonment for 15 to20 years when: 

– the victim is a minor 

– the offence is committed by a public official who abuses his/her authority over the victim, 

– the offence is committed by an organized group. 

The terms “any form of exploitation” in this Article and Article 12, 15, 17, and 19 of this law shall include the exploitation of the prostitution of others, pornography, commercial sex act, forced labor or services, slavery or practices similar to slavery, debt bondage, involuntary servitude, childlabor or the removal of organs. 

The consent of the victim to any of the intended purpose set forth in paragraph 1 of this article shall be irrelevant where any of the means set forth in subparagraph 1) of Article 8 of this law is used. This shall apply to the offences stipulated in Article 15, 17, and 19 of this law as well. 

Article 11: Unlawful Removal for Cross-border Transfer 

A person who unlawfully removes another for the purpose of delivering or transferring that person to outside of the Kingdom of Cambodia shall be punished with imprisonment for 7 to 15 years. 

A person who unlawfully removes another in a country outside of the Kingdom of Cambodia for the purpose of delivering or transferring that person to another country shall be punished the same as set out in the above-stated paragraph 1. 

The offence stipulated in this article shall be punished with imprisonment for 15 to 20 years when : 

– the victim is a minor 

– the offence is committed by a public official who abuses his/her authority over the victim, 

– the offence is committed by an organized group. 

Article 12: Unlawful Recruitment for Exploitation 

The act of unlawful recruitment in this law shall mean to induce, hire or employ a person to engage in any form of exploitation with the use of deception, abuse of power, confinement, force, threat or any coercive means. 

A person who unlawfully recruits another shall be punished with imprisonment for 7 to 15 years. 

The offence stipulated in this article shall be punished with imprisonment for 15 to 20 years when : 

– the victim is a minor 

– the offence is committed by a public official who abuses his/her authority over the victim, 

– the offence is committed by an organized group. 

Article 13: Definition of the Act of Selling, Buying or Exchanging of Human Being 

The act of selling, buying or exchanging a human being shall mean to unlawfully deliver the control over a person to another, or to unlawfully receive the control over a person from another, in exchange for anything of value including any services and human beings. 

The act of procuring the act of selling, buying or exchanging a human being as an intermediary shall be punished the same as the act of selling, buying or exchanging a human being. 

Article 14: The Act of Selling, Buying or Exchanging of Human Being 

A person who sells, buys or exchanges another person shall be punished with imprisonment for 2 to 5 years. 

Article 15: The Act of Selling, Buying or Exchanging of Human Being with Purpose  

A person who sells, buys or exchanges another person for the purpose of profit making, sexual aggression, production of pornography, marriage against will of the victim, adoption or any form of exploitation shall be punished with imprisonment for 7 years to 15 years. 

The offence stipulated in this article shall be punished with imprisonment for 15 to 20 years when : 

– the victim is a minor 

– the offence is committed by a public official who abuses his/her authority over the victim, 

– the offence is committed by an organized group. 

Article 16: The Act of Selling, Buying or Exchanging of Human Being for Cross-border Transfer 

A person who sells, buys or exchanges another person for the purpose of delivering or transferring that person to outside of the Kingdom of Cambodia shall be punished with imprisonment for 7 to 15 years. 

A person who sells, buys or exchanges another person in a country outside of the Kingdom of Cambodia for the purpose of delivering or transferring that person to another country shall be punished the same as set out in the above-stated paragraph 1. 

The offence stipulated in this article shall be punished with imprisonment for 15 to 20 years when : 

– the victim is a minor 

– the offence is committed by a public official who abuses his/her authority over the victim, 

– the offence is committed by an organized group. 

Article 17: Transportation with Purpose 

A person who transports another person knowing that he or she has been unlawfully removed, recruited, sold, bought, exchanged or transported for the purpose of profit making, sexual aggression, production of pornography, marriage against will of the victim, adoption, or any form of exploitation shall be punished with imprisonment for 7 to 15 years. 

The offence stipulated in this article shall be punished with imprisonment for 15 to 20 years when : 

– the offence is committed by a public official who abuses his/her authority over the victim, 

– the offence is committed by an organized group. 

Article 18: Cross-border Transportation (The Act of Bringing a Person Cross-border) 

A person who transports (brings) another person to outside of the Kingdom of Cambodia knowing that he or she has been unlawfully removed, recruited, sold, bought, exchanged or transported shall be punished with imprisonment for 7 to 15 years. A person who transports/brings another person in a country outside of the Kingdom of Cambodia to another country knowing that he or she has been unlawfully removed, recruited, sold, bought, exchanged or transported shall be punished the same as set out in paragraph 1 above. 

The offence stipulated in this article shall be punished with imprisonment for 15 to 20 years when : 

– the offence is committed by a public official who abuses his/her authority over the victim, 

– the offence is committed by an organized group. 

Article 19: Receipt of Person with Purpose 

A person who receives, harbors, or conceals another person who has been unlawfully removed, recruited, sold, bought, exchanged, or transported for the purpose of profit-making, sexual aggression, production of pornography, marriage against the will of the victim, adoption or any form of exploitation shall be punished with imprisonment for 7 to 15 years. 

The offence stipulated in this article shall be punished with imprisonment for more than 15 to 20 years when : 

– the victim is a minor 

– the offence is committed by a public official who abuses his/her authority over the victim, 

– the offence is committed by an organized group. 

Article 20: Receipt of Human Beings for the Purpose of Assisting the Offender 

A person who receives, harbors, or conceals a victim who has been unlawfully removed, recruited, sold, bought, exchanged, or transported for the purpose of assisting the offender who has unlawfully removed, recruited, sold, bought, exchanged or transported that victim shall be punished with imprisonment for 2 to 5 years and a fine of 4,000,000 to 10,000,000. 

The offence stipulated in this article shall be punished with imprisonment for 5 to 10 years when the victim is a minor. 

Article 26: Procurement of Prostitution 

A person who commits procurement of prostitution shall be punished with imprisonment for 2 to 5 years. 

Article 27: Aggravated Procurement of Prostitution 

A person who commits procurement of prostitution shall be punished with imprisonment for 5 to 10 years: 

1). when it is committed by a male or female procurer or head of prostitution who is an ascendant, descendant, either legitimate or illegitimate, natural or adoptive, of the prostitute; 

2). when it is committed by a male or female procurer or head of prostitution who abuses his or her authority over the prostitute; 

3). when a male or female procurer or head of prostitution uses violence or coercion against the prostitute; 

4). when the procurement of prostitution is committed by an organized group; 

5). when the procurement of prostitution is committed by several persons. 

Article 28: Procurement with regard to Child Prostitution 

Procurement of prostitution shall be punished with imprisonment for 7 to 15 years when the prostitute is a minor. 

The term “prostitution” in the relevant provisions of this Chapter shall be replaced with the term “child prostitution,” when the offense set forth in Paragraph 1 of this article applies. 

Article 36: Conditional Money Loan in connection with Child Prostitution 

A person who provides another with money loan or anything of value on the condition that a minor engage in child prostitution business shall be punished with imprisonment for 5 to 10 years. A person who provides a minor with money loan or anything of value on the condition that the latter engage in child prostitution business shall be punished the same as set out in paragraph 1 of this article.

Cambodia Trafficking in Persons Law (PDF)

Article 4 

A man and woman reaching legal age have the right to self-determine the marriage. One party may not force another party to marriage against his/her will. No one can be forced to marry or prevented from having marriage as long as such marriage is in compliance with standards provided by this law. 

Article 5 

A marriage may be allowed for a man whose age is 20 years or more and a woman whose age is 18 years or more. In a special case where a man does not reach the age of 20 years and where a woman does not reach the age of 18 years, a marriage may be legitimized, upon the consent by the parents or guardians, if the woman becomes pregnant. 

Article 23 

Where any one of the spouses claims that he or she has been forced to marry, such marriage shall be void. The time of complaint annulling the marriage shall lapse if such complaint is not lodged within 6 months counting from the day she or he has been forced. 

Section 5. Forced labour 

Article 15:  

Forced or compulsory labor is absolutely forbidden in conformity with the International Convention No. 29 on the forced or compulsory labor, adopted on June 28, 1930 by the International Labor Organization and ratified by the Kingdom of Cambodia on February 24, 1969. This article applies to everyone, including domestics or household servants and all workers in agricultural enterprises or businesses.  

Article 16:  

Hiring of people for work to pay off debts is forbidden. 

Section 8. Child labour – women labour 

Article 177:  

1. The allowable minimum age for wage employment is set at fifteen years. 
2. The minimum allowable age for any kind of employment or work, which, by its nature, could be hazardous to the health, the safety, or the morality of an adolescent, is eighteen years. The types of employment or work covered by this paragraph are determined by aPrakas(ministerial order) of the Ministry in Charge of Labor, in consultation with the Labor Advisory Committee.  
3. Regardless of the provisions of paragraph 2 above, the Ministry in Charge ofLaborcan, after having consulted with the Labor Advisory Committee, authorize the generation of occupation or employment for adolescents aged fifteen years and over on the condition that their health, safety, or morality is fully guaranteed and that they can receive, in the corresponding area of activity, specific and adequate instruction or vocational training.  
4. Regardless of the provisions of paragraph 1 above, children from twelve to fifteen years of age can be hired to do light work provided that:

a) The work is not hazardous to their health or mental and physical development.

         b) The work will not affect their regular school attendance, their participation in guidance programs or vocational training approved by a competent authority. 

        5. Prakas issued by the Ministry in Charge of Labor in consultation with the Labor Advisory Committee will determine the types of employment and establish the working conditions, particularly the maximum number of hours of work authorized as per paragraph 4 above. 

        6. After having consulted with the Labor Advisory Committee, the Ministry in Charge of Labor can wholly or partially exclude certain categories of occupation or employment from having to implement this article if the implementation of this article for these types of occupation or employment create considerable difficulties. 

Chapter XVI Penalties 

Article 368: 

Employers who employ children less than eighteen years of age under conditions contrary to the provisions of Articles 173, 174, 175, 176, 177 and 178 of this law are liable to a fine of thirty-one to sixty days of the base daily wage. 

Article 369:  

Those guilty of violating the provisions of Articles 12, 15, 17, 18, 39, 46, 104, 126, 260, 264, 281, 292, 331, 333, 334 and 335 are liable to a fine of sixty-one to ninety days of base daily wage or to imprisonment of six days to one month. 

Article 370:  

The employer who violates the provisions of Article 16 of this law is liable to a fine of sixty-one to ninety days of the base daily wage.

CHAPTER II – COMPETENCE  

Article 5  

Crimes against humanity, which have no statute of limitations, are any acts committed as part of a widespread or systematic attack directed against any civilian population, on national, political, ethnical, racial or religious grounds, such as:  

…  

enslavement;