17c起草社区

GIVEN that the first refugees from Nauru have recently been resettled in Cambodia, and it is possible that LGBTI refugees will be resettled there in the future, it is timely to consider the extent to which Cambodia respects and protects the rights of LGBTI people.

According to Billy Chia-Lung Tai, an independent human rights consultant who worked as a human rights adviser to the Cambodian Human Rights Action Committee (CHRAC), 鈥渢he status quo remains that LGBTI groups are neither legislatively discriminated against nor legislatively protected鈥�.

[showads听ad=MREC]He also feels the government takes a 鈥渂lind eye鈥� approach to LGBTI issues: 鈥淚f they don鈥檛 acknowledge it, then it is not a problem that needs addressing.鈥�

In March this year, at the second periodic review of Cambodia before the UN Human Rights Council, Cambodia was questioned about the lack of anti-discrimination legislation and marriage equality, as well as the extent to which LGBTI people are stigmatised. A representative for the Cambodian government tersely responded: 鈥淲ith regard to the LGBT community, the government had been urged by activists to enact an anti-discrimination law, but there is no indication that members of that community were actively discriminated against.鈥�

Incredibly, back in 2004 Cambodia鈥檚 former King Norodom Sihanouk proclaimed his support for same-sex marriage in Cambodia. He argued that because the Cambodian government had in 1993 chosen to be a 鈥渓iberal democracy鈥�, it should follow some US states鈥� example by allowing 鈥渕arriage between man and man… or between woman and woman鈥�. Norodom argued that before God 鈥渉omosexuals鈥� and 鈥渢ransvestites鈥� were equal because 鈥淸God loves a] wide range of tastes…鈥�

In contrast, in 2007 Prime Minister Hun Sen declared he was legally disowning his daughter because she had married another woman. In a speech at the time, Hun Sen said: 鈥淢y adopted daughter now has a wife. I鈥檓 quite disappointed.鈥� However, in 2012, Hun Sen called for the end to discrimination against gay Cambodian citizens.

According to Tai, the general Cambodian approach toward LGBTI people is 鈥渁s long as it鈥檚 not my kids, I don鈥檛 really care鈥�.

These conflicting views are reflected in a 2012 survey on male homosexuality. Of the participants surveyed, 63 per sent responded that they would be 鈥渁shamed to have a homosexual son鈥�. At the same time, 65 per cent agreed that 鈥渢here should be laws protecting gays and homosexuals from discrimination鈥�.

Although the government may wish to ignore the LGBTI community, this is becoming increasingly difficult, as a vibrant and organised community has launched Q Cambodia, Cambodia鈥檚 first gay magazine, and this year鈥檚 pride festival ran for 10 days.

At the launch of Q Cambodia, editor-in-chief Sorel Thongyan told NBC News that 鈥淸in] the west, the LGBT community has had to fight to gain rights and recognition… but in Cambodia, there has been very little of that even though most people in the community that I know face the same fears of being fired, being kicked out of the house, being discriminated against鈥�.

In 2014, Cambodian officials took a positive step when they spoke out against sexual orientation and gender identity-based discrimination in both domestic and international fora. Perhaps the most significant event of 2014 was the first ever Cambodian national LGBT community dialogue held in collaboration with the UN.

Kaleidoscope Australia鈥檚 shadow report to the UN Human Rights Committee regarding Cambodia鈥檚 protection of the rights of LGBTI persons identified five key areas of policy, law and regulation that need reform in order to comply with the International Covenant on Civil and Politic Rights (ICCPR). These include:

1. Enact anti-hate crime laws that LGBTI persons can use to obtain to redress, and prevent, harassment, violent attacks, abuse, and discrimination. This is needed to help prevent numerous instances of aggravated assault, rape, and sexual assault carried out by police, provincial authorities and security guards. Rainbow Community Kampuchea says that 鈥渘ot only have a significant number of rapes in detention been reported but a defining feature of these attacks is that (transgender) sex workers are raped by multiple men at the same time鈥�.

2. Enact anti-discrimination laws that protect LGBTI people from both direct and indirect discrimination. Currently, discrimination based on sexual orientation and gender identity is not prohibited.

3. Develop and implement a wide-ranging public education campaign that addresses negative stereotyping and stigmatisation of LGBTI people.

4. Amend marriage laws to permit same-sex couples to marry.

5. And establish a system whereby LGBTI people can seek redress and recourse when their rights have been violated. The absence of any remedies for human rights violations is a breach of the ICCPR.

While Cambodia鈥檚 LGBTI community is becoming more visible and vibrant, the government鈥檚 apathetic approach to recognising their rights is ensuring they continue to face stigma and discrimination as well as physical and sexual assaults.

Jasmine Dawson is a director of Kaleidoscope Australia Human Rights Foundation, a non-profit organisation that seeks to promote and protect the rights of LGBTI people in the Asia-Pacific region. She is also a PhD candidate at the Melbourne Social Equity Institute (MSEI) at the University of Melbourne and a research assistant in the Monash Law Faculty.

For details on Kaleidoscope Australiam visit

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