Political Structure

The political reality for most Cambodians is a five-tiered world: family, village, commune, district, and province. Santry (2005) described this world as a “hierarchical” and “patron-client world” still dominated by leaders installed in the 1980s who owed allegiance to the Cambodian People’s Party. (110) Though technically allowing female leaders (when no “suitable” males could be found), female leadership was viewed as “bringing disorder to the society.” (111) As noted above, victims of violence are often low on this hierarchy. Even when they are not, the importance of 'saving face' impacts the victim and the possibilities for healing.

More specifically, criticism of the judicial system in dealing with domestic violence has been common, often for encouraging reconciliation (without change in the cycle of violence), accepting monetary compensation, or failure to take charges seriously. LICADHO (2004b) called this a "culture of impunity" -

Even in serious cases of exploitation and abuse women often feel compelled to adhere to traditional forms of community arbitration and accept monetary compensation rather than legal justice for crimes perpetrated against them. This situation reinforces a culture of impunity and may be a contributing factor to the rise of violence and discrimination against women in Cambodia today (2004). Government officials, lawyers and police at all levels of the administration need further education on the importance of enforcing women’s rights and employing effective legal sanctions for those who violate these fundamental rights. (3-4)

This impunity was especially noted in cases where the perpetrator is wealthy or holds a high position in the community. (LICADHO 2006: 11) Impunity is also seen in cases where the perpetrator of violence has the power to convince a weaker victim, often poor, not to press charges (LICADHO 2007: 12).

In domestic violence cases, this impunity often takes the form of local authorities discounting the severity of the abuse and/or encouraging (false) reconciliation. Cambodian law requires court-officiated reconciliation sessions between the two parties, thus forcing the victim to face the perpetrator while enduring the court official’s urging to not end the marriage. Such sessions could be harmful and further the message that women are inferior and should endure their husbands’ ill treatment. This procedure could also send a damaging message to the perpetrator. Walsh concluded, “The general unresponsiveness of the system sends the dangerous message that there are no consequences for battering your wife” (Walsh 2007: 21).1

However, the Royal Government of Cambodia has passed legislation2 that provides opportunities for education, awareness-building, and advocacy work. Despite their limitations, their existence is positive and provides resources for practitioners and programs impacting domestic violence issues.

***Notes

1) See Santry (2005), pages 135-136 for a description of conflict resolution and a case study. See also "Resources for Battered Women Seeking Help" in section 2.4 How Violence in the Home Affects Women.