Phnom Penh Post, Issue 16 / 06, March 23 - April 5, 2007
A few months after the birth of their third child, Men Savich came home to greet her husband. After a tough day at work he unleashed his anger by beating Savich until she lost consciousness. As she awoke, her husband was standing above her, kicking her repeatedly. She heard her mother-in-law tell her husband that if he didn't stop he would kill her. Somehow, Savich summoned the strength to stand and run, but her husband pursued her. She was beaten so severely that it would be five years before she regained her hearing.
For 12 years Savich and their four daughters lived with such regular abuse. She was given very little money to provide for the family, but if the food she cooked was not to her husband's liking he would become violent. Eventually her husband allowed her to leave, but with no possessions. After a long struggle Savich found a good job and was able to send her daughters to school for the first time.
In October 2005, a law against domestic violence was passed in Cambodia obliging authorities to take action if domestic violence is suspected. Authorities now have the right to enter a home without a warrant to intervene, and in extreme cases, arrest the perpetrator.
"If this law had been in place sooner I could have left my husband before things became so serious," Savich said. "I would have been able to keep some of our assets after the divorce."
Hou Phally, director of the NGO Protectors Against Domestic Violence (PADV), told the Post that the law has changed attitudes and given women more confidence to speak out. By empowering authorities to intervene, the government has recognized that domestic violence is no longer a private matter. Rights workers claim this attitude is being slowly accepted by society.
"When we go to the grassroots level, more people understand the issues now," Phally said. "Previously discussing these matters was a cultural taboo. A good woman was not supposed to talk about such things."
According to Phally, women are now becoming more aware of their rights, particularly the younger generation. Of the couples she works with, the majority are between 35 and 55. She believes that among the younger generation, attitudes are changing.
But despite applauding the government recognition of this issue by passing this law, women's rights groups still have concerns about its effectiveness.
"The law imposes an obligation upon the 'authorities in charge' to take action in cases of domestic violence," said Kek Galabru, president of human rights group Licadho. "However, because the law doesn't provide a clear definition of who these 'authorities in charge' are, in practice, nobody takes on the responsibility of enforcing the law."
Lawyer Lam Sokuntheara who has been working on cases of violence against women for the past two years admits that there are problems. She gave the example of the provision of a protection order - known commonly as a restraining order - outlined in Article 25 of the new law. To her knowledge the court has never ruled in favor of the victim in a protection order case. According to Sokuntheara, the problem is lack of law promotion and lack of agreement between the Ministry of Women's Affairs and the Ministry of Interior on the issuing and implementation of the law.
Chou Buneng, director-general of social development at the Ministry of Women's Affairs, denied any disagreement, stating that it takes time for new ideas to become widely accepted and the real results to become apparent.
"We are very happy the law we drafted was adopted," she said. "It may not be perfect, but we now have a basis to work from."
But despite the setbacks, Sokuntheara has still found the law to be invaluable in assisting the women she represents.
"Previously the local authorities didn't pay attention to domestic violence because it was not viewed as an illegal act," she said. "With the new laws it is made clear that it is a legal matter."
She explained that previously in cases of domestic violence, as in the case of Savich, the victim was forced to leave the family home to seek help and shelter. The property would then be left under the control of the perpetrator, so the victim, to escape violence, would lose everything. The new law states that the perpetrator is to be removed from the premises by authorities and property protection laws now mean the victim is no longer left out in the cold.
Oung Chanthol, director of the Cambodian Women's Crisis Center (CWCC), also believes the introduction of the law has yielded many positive results. She cited that CWCC's annual reports for the last two years indicate that domestic violence is decreasing.
"Some women's rights have improved, but others are moving backward," Chanthol said. "The laws against violence against women are positive steps. There is now a legal mechanism to help women. But it's still not at the level we'd like to see. "
The CWCC reported that of the 151 women they worked with last year, 128 submitted complaints against their abusive husbands. But only six pressed criminal charges: the rest filed for divorce only.
"Still, through advocacy, things are changing," she said. "Before, a daughter would complain to her family about spousal abuse and they'd do nothing. They'd say it's 'your problem,'" she said. "But now we're seeing fathers and brothers accompany the victim. These male relatives are taking on the role of protecting family members."
The CWCC, which operates centers in Phnom Penh, Siem Reap and Banteay Meanchey, provides food, shelter and counseling for women and children affected by abuse. The NGO Our Home Organization, funded by Spanish organization Global Humanitaria, operates four centers to assist the child victims of domestic violence, sexual abuse or neglect. According to Our Home officials, the group helped 4,000 children in 2005.
Licadho also confirmed that children are deeply affected by domestic violence. "Consequences of domestic violence on children include fear, psychological problems, and problems at school," said Galabru. "Children living in a household affected by domestic violence are prone to leave home at a young age. This situation makes them very vulnerable. Young teenagers leaving home might end up in the street where they are easy targets for street gangs, drug dealers and pedophiles."
Since passing the Law on the Prevention of Domestic Violence and prevention of victims on October 24, 2005, the government has offered "some recognition" of the problem of domestic violence, the NGO Licadho stated in its 2006 report. But it says the law has not been widely enforced and its wording does not specify which authorities are responsible for action.
For 12 years Savich and their four daughters lived with such regular abuse. She was given very little money to provide for the family, but if the food she cooked was not to her husband's liking he would become violent. Eventually her husband allowed her to leave, but with no possessions. After a long struggle Savich found a good job and was able to send her daughters to school for the first time.
In October 2005, a law against domestic violence was passed in Cambodia obliging authorities to take action if domestic violence is suspected. Authorities now have the right to enter a home without a warrant to intervene, and in extreme cases, arrest the perpetrator.
"If this law had been in place sooner I could have left my husband before things became so serious," Savich said. "I would have been able to keep some of our assets after the divorce."
Hou Phally, director of the NGO Protectors Against Domestic Violence (PADV), told the Post that the law has changed attitudes and given women more confidence to speak out. By empowering authorities to intervene, the government has recognized that domestic violence is no longer a private matter. Rights workers claim this attitude is being slowly accepted by society.
"When we go to the grassroots level, more people understand the issues now," Phally said. "Previously discussing these matters was a cultural taboo. A good woman was not supposed to talk about such things."
According to Phally, women are now becoming more aware of their rights, particularly the younger generation. Of the couples she works with, the majority are between 35 and 55. She believes that among the younger generation, attitudes are changing.
But despite applauding the government recognition of this issue by passing this law, women's rights groups still have concerns about its effectiveness.
"The law imposes an obligation upon the 'authorities in charge' to take action in cases of domestic violence," said Kek Galabru, president of human rights group Licadho. "However, because the law doesn't provide a clear definition of who these 'authorities in charge' are, in practice, nobody takes on the responsibility of enforcing the law."
Lawyer Lam Sokuntheara who has been working on cases of violence against women for the past two years admits that there are problems. She gave the example of the provision of a protection order - known commonly as a restraining order - outlined in Article 25 of the new law. To her knowledge the court has never ruled in favor of the victim in a protection order case. According to Sokuntheara, the problem is lack of law promotion and lack of agreement between the Ministry of Women's Affairs and the Ministry of Interior on the issuing and implementation of the law.
Chou Buneng, director-general of social development at the Ministry of Women's Affairs, denied any disagreement, stating that it takes time for new ideas to become widely accepted and the real results to become apparent.
"We are very happy the law we drafted was adopted," she said. "It may not be perfect, but we now have a basis to work from."
But despite the setbacks, Sokuntheara has still found the law to be invaluable in assisting the women she represents.
"Previously the local authorities didn't pay attention to domestic violence because it was not viewed as an illegal act," she said. "With the new laws it is made clear that it is a legal matter."
She explained that previously in cases of domestic violence, as in the case of Savich, the victim was forced to leave the family home to seek help and shelter. The property would then be left under the control of the perpetrator, so the victim, to escape violence, would lose everything. The new law states that the perpetrator is to be removed from the premises by authorities and property protection laws now mean the victim is no longer left out in the cold.
Oung Chanthol, director of the Cambodian Women's Crisis Center (CWCC), also believes the introduction of the law has yielded many positive results. She cited that CWCC's annual reports for the last two years indicate that domestic violence is decreasing.
"Some women's rights have improved, but others are moving backward," Chanthol said. "The laws against violence against women are positive steps. There is now a legal mechanism to help women. But it's still not at the level we'd like to see. "
The CWCC reported that of the 151 women they worked with last year, 128 submitted complaints against their abusive husbands. But only six pressed criminal charges: the rest filed for divorce only.
"Still, through advocacy, things are changing," she said. "Before, a daughter would complain to her family about spousal abuse and they'd do nothing. They'd say it's 'your problem,'" she said. "But now we're seeing fathers and brothers accompany the victim. These male relatives are taking on the role of protecting family members."
The CWCC, which operates centers in Phnom Penh, Siem Reap and Banteay Meanchey, provides food, shelter and counseling for women and children affected by abuse. The NGO Our Home Organization, funded by Spanish organization Global Humanitaria, operates four centers to assist the child victims of domestic violence, sexual abuse or neglect. According to Our Home officials, the group helped 4,000 children in 2005.
Licadho also confirmed that children are deeply affected by domestic violence. "Consequences of domestic violence on children include fear, psychological problems, and problems at school," said Galabru. "Children living in a household affected by domestic violence are prone to leave home at a young age. This situation makes them very vulnerable. Young teenagers leaving home might end up in the street where they are easy targets for street gangs, drug dealers and pedophiles."
Violence against women
Since passing the Law on the Prevention of Domestic Violence and prevention of victims on October 24, 2005, the government has offered "some recognition" of the problem of domestic violence, the NGO Licadho stated in its 2006 report. But it says the law has not been widely enforced and its wording does not specify which authorities are responsible for action.
- Cases of domestic violence reported by Licadho in 2006: 220. Percentage increase from 2005: 24%. From 2000: 193%
- Cases of rape reported in 2006: 86. Percentage increase from 2005: 30%. From 2000: 207%
- Cases reported in the media 2006: 311. Percentage increase from 2005: 9%
- Gang rape cases reported in 2006: 10. Percentage increase from 2005: 25%.
- Human trafficking for sexual exploitation cases reported from 2000 to 2006: 93
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