Cambodia

Cambodia is a constitutional monarchy, with a Prime Minister who is head of government and a King who is head of state.

Cambodia remains under the rule of Prime Minister Hun Sen (in power since 1985), following a military coup orchestrated by Hun Sen in 1997. Hun Sen’s government is regularly accused of human rights abuses and repressing political opposition. Senior members of Hun Sen’s government, including Hun Sen himself, held positions under the Khmer Rouge and have been implicated in Pol Pot’s genocidal regime in the late 1970s.[ref]https://www.hrw.org/report/2018/06/27/cambodias-dirty-dozen/long-history-rights-abuses-hun-sens-generals[/ref]

According to Cambodia’s Ministry of Cults and Religion, approximately 95% of the population is Buddhist (of the Theravada school) and around 2% of the population is Muslim.[ref]https://kh.usembassy.gov/2019-report-on-international-religious-freedom-cambodia/[/ref] The Muslim population is predominantly ethnically Cham, with most residing in rural areas along the Mekong River.[ref]https://minorityrights.org/minorities/cham/[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
There is systematic religious privilege
There is an established church or state religion
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Discriminatory prominence is given to religious bodies, traditions or leaders
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Blasphemy or criticism of religion is restricted in law and is punishable by a fine
Constitution and government
There is systematic religious privilege
There is an established church or state religion
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Education and children’s rights
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
Family, community, society, religious courts and tribunals
Discriminatory prominence is given to religious bodies, traditions or leaders
Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is somewhat restricted
Blasphemy or criticism of religion is restricted in law and is punishable by a fine
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report
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Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand
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Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious
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This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination
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Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief
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Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state
Preferential treatment is given to a religion or religion in general
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This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety
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This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom
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This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Systemic Discrimination
More information about rating table

Constitution and government

Article 43 of the Constitution establishes Buddhism as the State religion. It also recognizes the right of “freedom of religious belief and worship,” without reference to non-religious beliefs, and “on the condition that such freedom does not affect other religious beliefs or violate public order and security.” Article 4 of the Constitution states that the motto of the Kingdom of Cambodia is “nation, religion, king.”[ref]https://www.refworld.org/docid/3ae6b5a40.html[/ref]

Buddhism is promoted by the government in a multitude of ways, including through Buddhist instruction in public schools, the appointment by the government of Buddhist monk leaders, and financial support to Buddhist institutions.[ref]Kong, P., ‘Freedom of Religion in Cambodia’, in Cambodian Constitutional Law, Hor, P., Kong, P., Menzel, J., (2016, Konrad-Adenauer-Stiftung).[/ref]

Acts of religious groups are overseen by the Ministry of Cults and Religions. All religious groups are required to register with the Ministry of Cults and Religion.[ref]Kong, P., ‘Freedom of Religion in Cambodia’, in Cambodian Constitutional Law, Hor, P., Kong, P., Menzel, J., (2016, Konrad-Adenauer-Stiftung).[/ref] There are no penalties for failing to register, but registered religious groups do receive an income tax exemption.[ref]https://kh.usembassy.gov/2019-report-on-international-religious-freedom-cambodia/[/ref]

Education and children’s rights

Article 68 of the Constitution[ref]https://www.refworld.org/docid/3ae6b5a40.html[/ref] states that, “The State shall disseminate and develop the Pali schools and the Buddhist Institute.” In addition, the General Department of Religious Affairs of the Ministry of Cults and Religions is mandated to “[o]rganize, prepare and cooperate to research, educate, and disseminate Buddhism and [its preachings].”[ref]Article 8, Sub-decree No 154 ANKr.BK on the Organization and Functioning of the Ministry of Cults and Religions, 11 July 2011 (Cambodia).[/ref]

The standard curriculum contains compulsory religious education classes, with no non-religious alternative. The lessons focus mostly on Buddhism, though there are also lessons on various faiths (excluding humanistic and atheistic beliefs) and a course on “Harmony of Religions”. All students in public schools are obliged to attend the lessons.[ref]Kong, P., ‘Freedom of Religion in Cambodia’, in Cambodian Constitutional Law, Hor, P., Kong, P., Menzel, J., (2016, Konrad-Adenauer-Stiftung).[/ref]

There are reports of institutionalized sexual abuse taking place within Buddhist monasteries. A local NGO offering counselling and support to victims of sex abuse stated that the “the high importance placed on pagodas in Cambodia [which has] created a culture of gated self-preservation in the nation’s largely autonomous Buddhist sanctuaries.”[ref]https://southeastasiaglobe.com/the-sound-of-silence-sexual-abuse-in-cambodias-buddhist-pagodas/[/ref]

Family, community and society

Anti-witchcraft persecution

Buddhism and Buddhist philosophy permeate many aspects of social and cultural life in Cambodia. However, Buddhism in Cambodia is also mixed with the belief in spirits and the supernatural.[ref]http://asc.mcu.ac.th/database/wp-content/uploads/2018/09/Buddhism-in-Cambodia-1.pdf[/ref] Persons suspected of being influenced by malevolent forces or “black magic” may be subjected to harassment, eviction, beatings, and killings.

The UN Office of the High Commissioner for Human Rights (OHCHR) reported that between 2012 and 2018, there were at least 49 incidents of witchcraft persecution, among which 35 involved killings and 14 attempted killings or harassment cases in the country.[ref]https://cambodia.ohchr.org/sites/default/files/report/other-report/OHCHR%20Report%20EN.pdf[/ref] The OHCHR found that most cases occurred in areas with lower levels of economic and social development, and that witchcraft-related crimes, poverty and exclusion are heavily interrelated.

Freedom of expression, advocacy of humanist values

“Offences Against Buddhism” in the 2011 Criminal Code

The 2011 Criminal Code[ref]https://www.ajne.org/sites/default/files/resource/laws/7195/criminal-code-cambodia-en-kh.pdf[/ref] prohibits and penalises acts that constitute “Infringement on State Religion.” The concerned section is vague and penalizes certain forms of expression that may be perceived as offensive to adherents of Buddhism, such as “the unauthorized wearing of Buddhist monks’ robes in public” (Article 508). “Insult” committed against a Buddhist monk, nun or layman, defined as “words and gestures likely to undermine the dignity of a person”, is also criminalized (Article 516).

In March 2021, the Ministry of Cults and Religion revoked the media license of an online publication for criticizing a Siem Reap monk for lashing three junior monks. The Ministry also indicated its desire to prosecute the social media figure behind the online publication, Pheng Vannak, for “insulting Buddhist monks” under Article 516 of the Criminal Code.[ref]https://www.voacambodia.com/a/after-revoking-media-license-gov-t-wants-criminal-charges-against-social-media-figure/5824022.html[/ref]

Freedom of expression and civil society

Front Line Defenders reported in 2019 that “Prime Minister Hun Sen and other senior state officials frequently engaged in rhetoric damaging to civil society. The Prime Minister specifically threatened prominent human rights organisations with closure, and individual defenders with legal action.”[ref]https://www.upr-info.org/sites/default/files/document/cambodia/session_32_-_january_2019/fld_upr32_khm_e_main.pdf[/ref]

The government has adopted a number of laws which curb freedom of expression and association. This includes the 2015 Law on Associations and Non-Governmental Organizations (LANGO), which allows termination of a foreign NGO’s license to operate if their activities are deemed to “jeopardize peace, stability, public order or harm the national security, national unity, culture, customs and traditions of the Cambodian national society.”[ref]https://www.hrw.org/news/2018/12/07/cambodia-repeal-abusive-associations-rule[/ref] Under LANGO, authorities have shut down independent NGOs and denied them registration.

In February 2018, the government added a lese majeste (insulting the monarchy) clause to its Penal Code. The amendment states that “the use of words, gestures, writings, sketches or objects which undermine the dignity of a person constitutes an insult” and that “insulting the King” can result in up to 5 years imprisonment. Critics of the government and members of the opposition have since been convicted and jailed under the law.[ref]https://www.amnesty.org/en/latest/news/2018/10/cambodia-first-royal-insult-conviction-a-new-low-for-government/[/ref]