2.3 Cambodian Definitions and Legislation

The Law for the Prevention of Domestic Violence and the Protection of Victims was ratified in 2005. This law defined domestic violence “as violence that occurs between people living in the same house and who are dependant of the household,” not limiting their definition to spousal relationships only. Though this is an important recognition given the likelihood of other relatives sharing the home, it does not go far enough. Potential victims who share a home but are not considered financially "dependent" (e.g., an aunt or mother) are excluded, as well as those victims not living in the same house as the perpetrator (e.g., mistresses). (CAMBOW 2007: 8)

As for the violent acts themselves,

"Domestic violence is defined to include:
• Acts affecting life;
• Acts affecting physical integrity;
• Torture or cruel acts;
• Harassment causing mental/psychological, intellectual harm;
• Mental/psychological and physical harm exceeding morality and the boundaries of the law;
• Sexual aggression (including violent sex, sexual harassment and indecent exposure);
• Threats aiming at frightening, shocking; and
• Acts affecting individuality and property." (ibid, 8)

The literature focused on several shortcomings in the Law on the Prevention of Domestic Violence and the Protection of Victims (n1) that could undermine both the protection of victims and the prosecution of perpetrators of domestic violence. Namely, the law fails to adequately define several key terms (often leading to a lack of implementation), omits economic violence, and does not allow adequate protective measures/processes to aid or protect victims of domestic violence. (CAMBOW 2007). (n2) Further, the Law on Marriage and Family makes divorce a lengthy and intimidating process which is difficult for victims of domestic violence to initiate or endure (15-16). Both of these pieces of legislation still need improvement and the public still requires education regarding the existence and meaning of current (and future) laws. (n3)

“[A]lthough Cambodia is beginning to recognize the significance of violence against women, the extent of the Government’s willingness to educate the judiciary, the police and the public on these issues, and to implement laws and policies that prevent such violence and protect victims, is still quite limited.” (LICHADO 2007:i)

***Notes

1) While current laws address many issues raised in 1994 in the Plates in a Basket Will Rattle report, if all areas of recommendation had been heeded, at least some of these shortcomings could have been avoided (see Zimmerman 1994: ix for recommendations).

2) As these points are worth considering for anyone hoping to positively impact the situation of domestic violence in Cambodia, a summary of key points regarding the domestic violence law and pertinent points of the Law on Marriage and Family can be found as an appendix at the end of this review.

3) “...deeply embedded, cultural and social beliefs continue to shroud the occurrence, recognition, and reporting of domestic violence, making it difficult to recognize domestic violence as a serious problem requiring police and judicial officials interventions to assist victims.” (Walsh 2007: 18)