By William E Todd, US Ambassador to Cambodia
Each year on the third Monday of January, Americans honor the life and work of the Reverend Dr. Martin Luther King Jr., the 1964 Nobel Peace laureate and the individual most associated with the triumphs of the African-American civil rights movement during the 1950s and 1960s. Dr. King was pivotal in persuading his fellow Americans to end the legal segregation that prevailed throughout the South and other parts of the United States, sparking support for legislation that built a better framework for civil rights and racial equality. He had a transformative effect on policy and on people; a remarkable example of how a single person with an unwavering mission can significantly change people’s thoughts and opinions. Even today, the movement which he led serves as a model of nonviolent social action for people around the world working towards positive and lasting change.
Dr. King’s legacy and his view of justice extend well beyond the borders of the United States. In fact, it was in his famous “Letter from a Birmingham Jail” that he wrote, “Injustice anywhere is a threat to justice everywhere.”If he were alive today, it is easy to imagine that Dr. King would consider harsh prison conditions to be an injustice. After all, due to the unfair laws of his era – rife with racial bias, police brutality, and bans on public demonstrations – Dr. King was arrested and jailed 29 times. Although America’s prisons face ongoing challenges, the state of the U.S. penal system has substantially improved since Dr. King’s time. Earlier this week, the Cambodian League for the Promotion and Defense of Human Rights – known by its French acronym LICADHO – released a compelling report on the state of Cambodia’s penal system. The details of this report and the numerous questions that I have received about it prompted me to write about this topic in my weekly column.
According to the Ministry of Interior’s General Department of Prisons (GDP), Cambodia’s inmate population as of mid-September 2014was 15,182 prisoners, with almost 64 percent being pre-trial detainees and remand prisoners awaiting final sentencing. These individuals are held in four national correctional centers, twenty-three municipal and provincial prisons and one military prison. After visiting a few of Cambodia’s prisons, I was impressed by recent modernization programs. However, with correctional facilities operating at 179% of their current official capacity of 8,500 inmates, it is evident that overcrowding is a problem facing Cambodia’s penal system. This has been well-documented, with a number of reports and human rights organizations citing overcrowding as a contributing factor to other serious problems,including unsafe medical and sanitation practices, food and water shortages, malnutrition, and poor security.Cambodia can do more to ensure its prisons meet international standards and provide humane conditions.
How can a government address these challenges? One way is to allocate sufficient funding towards correctional facilities or the prison population. Current government funding is about $0.25 a day for each prisoner. With one’s family being the main source of financial support, the overall experience that an inmate will have in a Cambodian prison is greatly dependent upon his or her socioeconomic status. As LICADHO’s report explains, this has led to the creation of a hierarchical system that essentially sells the defense of human rights to the prisoners that can afford to pay for these freedoms.
I have often said that youth represent Cambodia’s greatest resource. This is why I hope to see the establishment of a separate juvenile justice system which can differentiate the way Cambodian children are tried, prosecuted, and imprisoned from adults. The draft Law on Children in Conflict contains some acceptable preliminary standards for juvenile justice, but it has been in draft status for ten years now and key provisions have yet to be implemented. Meanwhile, pre-trial detention is becoming more common for juvenile offenders, even for those committing minor crimes. There is a well-known Khmer saying – “Tompaing Snorng Russey”– which also is similar to an expression that we have in America– “the children are our future.”To ensure the growth of Cambodian youth and to help them become active participants in the country’s political, economic, and social development,improvements in the quality of legal, social, and psychological assistance for children in the juvenile justice system are essential.
In a related issue, according to the LICADHO report, there are no correctional institutions reserved solely for women and girls, who represent 8 percent of the prison population in Cambodia. While some may see this as a small number that does not warrant much attention, female prisoners are dealing with the same – and at times, additional – violations to human rights that male inmates encounter in Cambodian prisons. Around the world, it has been proven that the least developed countries regularly and inexcusably violate women’s rights, while countries that value their female citizens are more likely to have a stable, healthy society that prospers.By improving conditions and services provided to female inmates, Cambodia can take a significant step in proving its dedication to justice and the protection of all women and girls from physical and psychological harm.
Another indicator of a country’s thriving democracy and commitment to justice for all is revealed in the manner that its most vulnerable members are treated. In the case of Cambodia’s penal system, some of the most vulnerable people include inmates suffering from mental health or drug-related illnesses. While the current Prison Law states that prisoners suffering from schizophrenia, severe depression, or other mental and psychosocial health conditions should receive specific medical care, most are still incarcerated in facilities that lack mental health provisions, subjecting these individuals to neglect and abuse. Drug-related offenders are usually detained in one of ten government-operated drug rehabilitation centers in Cambodia. Many observers have reported that the majority of detainees in these facilities were there involuntarily – committed to the facilities by law enforcement authorities or family members – and that a significant number of detainees are under the age of 18. Based on these details and the lack of actual rehabilitation services, the difference between Cambodia’s drug rehabilitation centers and prison facilities appears minimal.
Improving standards in the penal system is just one of a number of reforms that are needed to effectively resolve problems with the overall rule of law continuum in Cambodia. In the rule of law continuum, a fair and balanced penal system that respects human rights is one of the most significant indicators of a free and just society. Although they may lose certain privileges when judged guilty and incarcerated,we need to remind ourselves that prisoners are still human beings with legitimate needs. Furthermore, a healthy democracy based on fairness and justice ensures that prisoners are given the chance to redeem themselves.
LICADHO’s report not only recognizes the challenges of prisons;it also acknowledges the successful efforts that members of the government and civil society have made to improve Cambodia’s penal system. The United States is committed to assisting Cambodia with efforts to build a more prosperous future for all citizens. With support from the U.S. Agency for International Development, organizations like LICADHO, Cambodia International Bridges to Justice, and the East-West Management Institute’s Program on Rights and Justice have successfully worked with government officials and civil society to improve Cambodia’s justice system.
In closing, I would like to commend the work of Dr. Pung Chhiv Kek , founder of LICADHO and one of the most remarkable human rights advocates in Cambodia. This recent report on prison conditions is another result of her tireless efforts to call attention to human rights issues while promoting peace, non-violence, and respect for all citizens, including those who are incarcerated. Furthermore, she inspires others to join a movement that is having a transformative effect on the country’s people and policies. This shows that Dr. King’s legacy not only lives on; his dream for equality and justice for all has become a universal vision that is shared by the people of Cambodia.
Thank you for taking the time to read my column this week. I encourage you to send me your questions in English or Khmer at AskAMBToddPP@state.gov and to follow my blog at http://blogs.usembassy.gov/todd/.
William E Todd is US Ambassador to Cambodia.
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