University of the Nations Cambodia Child Protection Policy.
16 May 2006, Phnom Penh
*According to the UN Convention on the Rights of the Child signed by Cambodia, a child is anyone under the age of18.
U of N Cambodia Members and Associates include long term and short term foreign and Cambodian staff, local partners, volunteers, consultants, and other guests of U of N Cambodia. The following applies to ALL U of N Cambodia ministries and projects.
U of N Cambodia:
1. Statement of Commitment
1.1 Is committed to the welfare of children in Cambodia. We oppose all forms of exploitation and child abuse.
1.2 Believes in the importance of child protection. All staff and associates will uphold integrity and values and will work to protect the rights of all children to prevent abuse.
1.3 Believes that all children have a right to protection from abuse regardless of race, social background, age, gender, skin color, disability, religion, or beliefs.
1.4 Believes that keeping silent is wrong when it is known that a child is being abused or exploited. Therefore, individuals must immediately notify the director or leader of the U of N ministry.
1.5 Is committed to keeping the law on child rights and welfare. This includes the UN Convention on the Rights of the Child (adopted by the Royal Cambodian Government in 1992) and the Convention of the Minimum Age of Working Children (adopted in 1999).
1.6 Believes that children have the right to speak and be heard. Therefore where possible children will also be included in the surveys, evaluation, or monitoring.
1.7 The different forms of abuse are (adult to child, or child to child):
- Physical abuse: Any punishments and physical abuse to children like beating including with a stick or other implement, poisoning, shaking, and smothering, or forcing the child to work in an unsafe way/ environment. These are things that deliberately affect the physical wellbeing of children in a negative way.
- Mental abuse: Any gestures, words and behaviors that deliberately affect a child’s mental/emotional well-being in a negative way, for example by making them afraid, anxious, annoyed, humiliated or discouraged.
- Neglect: Any actions that deliberately neglect to provide the four essential rights of children (right to live, right to learn, right to participate and the right to speak).
- Sexual Abuse: Any action with sexual intent towards children, any touch that would violate the dignity of children, forcing them to watch or take part in pornography, to participate in/or observe any form of sexual act or coercing the child to have sex.
- Spiritual abuse: Occurs when a spiritual leader, or someone in a position of spiritual power or authority (whether organization, institution, church, or family) misuses their power or authority, and the trust placed in them, with the intention of controlling, coercing, manipulating, or dominating a child. Spiritual abuse is always about the misuse of power within a framework of spiritual belief or practice, in order to meet the needs of the abuser (or enhance his or her position) at the expense of the needs of the child. Spiritual abuse results in spiritual harm to a child and can be linked to other abuse, such as physical, emotional and sexual abuse.
2. Communicating the policy
2.1 Is committed to inform its members and associates about the importance of Child Protection so that children are protected from abuse and for each member’s integrity.
2.2 Is committed to discussing these values with the communities in which they work.
2.3 Encourages the development of child protection policies and active implementation of these policies for all NGOs in Cambodia.
3. Behavior Protocols
3.1 Is expected to treat all children associated with the work of U of N Cambodia with respect and dignity, as well as influencing those outside of our ministries to uphold the same values (e.g. encouraging families not to neglect the needs of the child, as well as affirming them when they do meet a need.).
3.2 Each individual must sign a statement to say that they have read the policy, will respect it and understand that action will be taken in cases of violation of this policy.
3.3 Must never be alone with a child (who are not of their own family) in a private place that cannot be seen by other responsible adults. Even if having an individual conversation with a child, others must be within visual contact. This protects both the adult from false accusation and the child from abuse. In the case where individual counseling is appropriate the adult must inform another adult/supervisor in advance that this will happen and where. U of N Cambodia members and associates should not invite a child to their home alone and should not visit a child at their home if the child is at home alone. All exceptions, such as babysitting or emergencies, must be reported to the project leaders beforehand.
3.4 When disciplining a child, it will be done in a non-violent and non-humiliating manner.
3.5 Written permission must be obtained from caregiver before taking a child from their community.
3.6 Adults will always be responsible for their behavior and cannot blame the child if the child ‘provokes’ or acts in a ‘seductive’ way.
3.7 Where children are placed in communities, careful screening and training of caregivers will be prioritized.
3.8 If protocols are broken the person involved will be disciplined and may lose their position and responsibilities.
4. Recruitment and Screening
4.1 Will be asked to sign the Child Protection Policy of U of N Cambodia stating whether they have had previous convictions for abuse against children, violent behavior or improper conduct.
4.2 Will not employ or accept any children under 13 years old, in accordance with the Labor Law. No children between 13 and 15 years old for more than 2 hours per day. No children between 15 and 18 years old for more than 5 hours a day.
5. Responses to Allegations
5.1 When allegation has been made that a member or associate of U of N Cambodia has abused a child, U of N Cambodia leaders will take the appropriate action to deal with the situation.
5.2 Will inform the Director, immediately.
5.3 The allegations will be kept confidential, with only those directly involved with the appropriate information. Anyone from U of N Cambodia found to be widening the circle of confidentiality (telling others about the abuse) will have disciplinary action taken against them.
5.4 U of N Cambodia will appoint a small committee of people who would handle allegations and follow through on the whole process.
5.5 Both victim and alleged perpetrator (the person that may have abused the child) will be treated with respect from the start of the process to the end.
5.6 Will not dismiss a child’s accusation of abuse without appropriate investigation. The child will be listened to and notes of the conversation taken down.
5.7 A child is believed until proved other wise.
5.8 Records should be made of all facts related to the investigation and these should be carefully and confidentially filed. Disclosure of information about past or present abuse of children and any of the persons involved should be limited to only the people who need to know.
5.9 At the expense of U of N Cambodia, the victim will receive professional counseling for as long as is needed and feasible.
5.10 The law should not be side-stepped. In the case of serious offences there may be the need to inform the legal authorities. Pastoral care may be given to the offender, but not outside the framework of the law.
5.11 The perpetrator, if proven guilty, should be dismissed from U of N Cambodia without the possibility of reinstatement. During the investigation the perpetrator will be removed from their responsibilities, and further enclosure to the proper entities will be put in place.
6. Advocacy and Networking.
6.1 Is committed to network with other groups who are also involved in Child Protection.
6.2 Is committed to be involved, when possible in community, national and regional activities to lobby government policies regarding Child Protection.
6.3 Will encourage and support training activities on Child Protection.
7. Declaration of Commitment/ Statement of no Criminal Conviction.
To be signed by all U of N Cambodia members and associates. A copy will be kept on file at the U of N Cambodia office.
I declare that:
1) I have read and I understand U of N Cambodia’s Child Protection Policy.
2) I will work within the procedures as laid out in U of N Cambodia’s Child Protection Policy.
3) I have not been accused or convicted of any offence involving physical or sexual abuse.
4) I understand that if a complaint is brought against me regarding the abuse of children, the allegation will thoroughly be investigated in cooperation with the appropriate authorities.
5) I agree to abide to this policy and to make all my effort to protect the children from abuse.
Signature:
Date:
8. Suspect abuse report form.
Date:
Name of child: his/her age:
Name of the person filing the report:
Nature of suspected abuse (physical, sexual, emotional, neglect, spiritual):
Indication of suspect abuse (facts, course of events, physical signs):
Action taken:
Signature of person reporting:
Signature of U of N Cambodia’s Director:
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LAW IN THE KINGDOM OF 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 citizen 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 of origin, wealth or social status. The exercise of personal rights and freedom by any individual shall 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 38
The law guarantees there shall be no physical abuse against any individual.
The Law shall protect life, honor and dignity of the citizens.
The prosecution, arrest or detention of any person shall not be done except in accordance with the law.
Coercion, physical ill-treatment or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit, participate or conspire in such acts shall be punished according to the law.
Article 41: Causing wounds on purpose:
- Anyone who beats/fights another on purpose resulting in permanent disability must be punished by putting them in prison for 1 to 5 years.
- If they cause temporary disability less than 6 months they must be punished and put in prison for 6 months to 2 years.
- If it doesn’t cause disability they are to be punished by putting them in prison for 2 months to 1 year.
- If using any kind of weapons must be punished 2 times more.
Article 42: Rape
- Anyone who rapes another, whether the same sex or opposite sex, by touching or actions involving sex must be punished by prison for 1 to 3 years.
- If the rape is conducted by coercing a victim younger than 16 years old then the person who commits this must be punished 2 times longer.
- Anyone who tries to persuade or cheat a minor into working as a prostitute or exploiting from a minor’s prostitution even if they agree must be punished and put in prison for 2 to 6 years.
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.
Article from the Labor Code, 1997
Article 83 - Abusive language, threat, violence, or assault of the employer or worker against the employer or other workers is considered to be serious offense. In which case according to Article 83 the employer can ask the employee to leave without notice.
Article 172 - All forms of sexual violation (harassment) is strictly forbidden.
Article 177 - The minimum allowable age for any kind of employment which could be hazardous to health, safety or morality of an adolescent, is eighteen years.
Article 180 - In orphanages and charitable institutions… occupational or vocational training for children less than fourteen years old must not exceed three hours per day. A record must be kept indicating the dates of birth, manual labor conditions for children and daily schedule i.e. the assignment of hours of study, manual labor, rest and meals.