Table of Contents

Country Reports

Landmine Monitor - Cambodia Country report

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http://www.camnet.com.kh/cgi-bin/lideekhmer/landmine_monitor.cfm

FOR THE FIRST ANNUAL REPORT
PREPARED BY THE CAMBODIA CAMPAIGN TO BAN LANDMINES
FEBRUARY 1999

I. Introduction
II. Banning antipersonnel landmines

• Mine Ban Treaty
• Production
• Transfer
• Stockpiling and Destruction
• Use

III. Humanitarian Mine Action

• Funding
• Mine Clearance - Survey /Assessement
• Mine Awareness Education
• Mine Clearance
• Reconstruction & Development of Cleared Areas

IV. Mine Action : Landmine Victim / Survivor Assistance

• Landmine Casualties
• Provision of Victim / Survivor Assistance

Appendices

• Law on the Ban of Anti-Personnel Landmines (Unofficial Translation)
• Hunters Using Landmines to Kill Cambodiaa Tigers
• Cambodian Returnees Joint Press Statement
• Draft Law To Protect People With Disabilities
• From NGO statement 1999 consultative group meeting
• All Mined Areas Cleared

References

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I. INTRODUCTION

Cambodia, home to 10 million people and the fabled Angkor Wat temple is also "home" to millions of land mines and unexploded ordinances. War and genocide have injured the country socially, culturally and economically and the effects are visible in many ways but perhaps most poignantly in the number of children, men and women wearing prostheses or riding wheelchairs.

Mines laid by all factions in the Cambodian conflict and submunitions dropped by US aerial bombardment continue to maim and kill civilians and military and make agricultural land unsafe. In 1998, 1249 known new casualties occurred.

In a country where 85 percent of the population is dependent upon agriculture or related activities, such a contamination represents a massive restriction of Cambodia’s economic base. However through the Cambodia Mine Action Center, and the non-government organizations that work alongside it, the people of Cambodia are tackling this legacy of conflict for themselves

Cambodia rejoiced when 122 countries signed the Treaty to Ban Land Mines in December 1997.

However the real test of the Mine Ban Treaty, signed in Ottawa will be the effect it has on the lives of people in mined countries, like Cambodia.

Does in prevent more deaths and injuries?

Do people in mined communities

• get their land cleared?
• have access to water?
• have enough food to eat?
• have schools for their children?
• have medical facilities?

Do people disabled by mines have access?

• to limbs?
• to wheel chairs?
• to health services?
• to new income generating opportunities?

II. BANNING ANTIPERSONNEL LANDMINES:

MINE BAN TREATY

On 3 December 1997 Cambodia signed the Mine Ban Treaty in Ottawa Canada. However, ratification of the Mine Ban Treaty has not yet been achieved in Cambodia. This can largely be attributed to the political events in Cambodia, which followed the signing of the Ottawa Treaty. A General Election was held during June 1998 and lengthy negotiations followed as political parties tried to form a new coalition government. After street demonstrations and disputes about the credibility of the general election a new government was finally sworn in on 25 November 1998. Throughout this period the National Assembly met for a minimal number of days and passed little legislation.

In the meantime the Cambodia Mine Action Center tried to help the process of ratification by translating the Mine Ban Treaty into the Khmer language. It also drafted the Landmine law. The Landmine law aims to bans the production, use trade and export of antipersonnel landmines. It bans civilians, civil servants, Royal Cambodian Armed Forces, Military forces and the National Police from using anti-personnel mines in any circumstances, except for mine training or clearance. The law gives the Cambodia Mine Action Center responsibility for destroying mines and in particular stockpiles and the coordination mine clearance organizations inside Cambodia. The law also outlines punishments for those who posses or use landmines on Cambodian soil. (See Appendix One)

Article 26 of the Constitution of the Kingdom of Cambodia outlines the process of ratification of international treaties in Cambodia;

The King shall sign and ratify international treaties and conventions after a vote of approval by the National Assembly.

On 29 January 1998 the Mine Ban Treaty and the draft Landmine Law were presented at the Council of Ministers and recommended for the list of legislation to go before the National Assembly in the coming months. It is, however unclear how long this process will take.

Draft landmine laws were written in 1995 and 1996 but never became law because of political changes in Cambodia at that time. The contents of the most recent Landmine Law are similar to that of the 1996. No legislation has yet been passed in Cambodia in relation to antipersonnel landmines.

The Cambodia Mine Action Center has advised the government in relation to its obligations under the Mine Ban Treaty in relation to Articles 7 and 18. Work in these areas will commence in the near future.

Despite the slow process to ratification it can be said that a number of key political personalities in the Cambodian context have expressed their support for the Mine Ban Treaty and its objectives.

On 2 October 1994 Norodom Sihanouk, King of Cambodia issued a declaration calling for a law against the use of anti-personnel landmines, the destruction of existing stockpiles, the end of export and use and a request to donor countries for de-mining support. At the same time he began a series of personal donations to the work of the Cambodia Mine Action Center which at the end of 1998 totaled US$13,000.

First Prime Minister Norodom Ranariddh announced at an international donor meeting on 11 March 1994 an immediate ban on the import and laying of landmines in Cambodia.

In August 1994, Ieng Mouly the Chairman of the Cambodia Mine Action Center announced the government’s intention to legislate a ban on the use of landmines. No timetable was given for the legislation but proposed the interim steps of criminalizing the re-mining of de-mining sites, ensuring that new minefields are marked and banning sales of mines to civilians.

On 2 June 1995 Samdech Chea Sim, High Representative of His Majesty the King reiterated the position of the Kingdom of Cambodia made in the statement of King Norodom Sihanouk (2 October 1994), at the 1995 Landmines Conference in Phnom Penh,

We call for severe punishments on the use and the laying of landmines, as well as for the outlawing of those who use and lay land mines. We appeal to all mine-producing nations to stop this production and to destroy all the existing arsenals of landmines. We call for the ban of sale and shipment of landmines. At the same time, we call for immediate cessation of new mine planting and for the immediate destruction of all landmines in the hands of the Khmer Rouge outlaws. In this spirit we are the fighters for a mine free Cambodia and a mine free world.

At the closing ceremony of the same conference the Co-Minister of Defense, Lieutenant-General Tea Banh made a statement that the Royal Cambodia Armed Forces ‘fully and actively’ supported ‘all kinds of efforts’ to reduce the dangers caused by anti-personnel landmines.

On 14 August 1998, during a march for peace at Siem Reap, Northern Cambodia King Norodom Sihanouk called for the ratification of the Mine Ban Treaty.

On the occasion of the Phnom Penh International Forum on Demining and Victim Assistance, 26 October 1998 Samdech Hun Sen Second Prime Minister of the Royal Government of Cambodia stated,

We Cambodians we are also proud that while the Khmer Rouge continued the war, the Royal Cambodian Government has ordered the army not to lay any land mines. We are also proud that only three months after the election of July 1993, at the request of the Royal Government, His Majesty The King of Cambodia Norodom Sihanouk, signed a decree to appoint the chairman of CMAC in order to speed-up the mine clearance process. Last year the Cambodian Royal Government has drafted a law forbidding the use or possession of landmines in Cambodia, because the Royal Government of Cambodia, as well as the people of Cambodia, as well as the rest of mankind hope that our Cambodian Assembly could proceed with its work to approve this draft law as soon as possible.

On the same day, 26 October 1998 His Excellency Ieng Mouly Chairman of the Governing Council of the Cambodian Mine Action Center (CMAC) and Minister of Information made the following statement,

Cambodia is totally committed to ban the use, stockpiling, and transfer of landmines. We were among the first signatories of the Ottawa convention. For the convention to take effect, the new National Assembly will have to ratify in the future. The National Assembly will have also to adopt a law on the ban and on the destruction of stockpile of landmines, a law that the current government has already drafted. This is to prevent new mines being planted. At the same time, we continue to mobilize our efforts to clear, as fast as possible, many million of landmines that are hiding in the soil of Cambodia.

In 1995 Tun Channareth, Hem Phang, Suon Chreuk and Klieng Vann, who had all been injured by landmines, launched a signature campaign. All of the aforementioned leaders signed the petition calling for a ban on anti-personnel landmines.

It is important to note Cambodia’s key role in the build up to the signing of the Mine Ban Treaty and in seeking a landmines ban in other forums such as the United Nations. In January 1995, the Cambodian delegation to the Geneva governmental experts meeting in preparation for the Review Conference of the Conventional Weapons Convention and its Landmine Protocol called for a comprehensive ban on landmines.

Cambodia’s position on a comprehensive ban was strengthened as it announced a moratorium on exports of anti-personnel mines and co-sponsored a United Nations General Assembly Resolution [ref. 10/3/96]. Further on 25 March 1997 Cambodia signed the 1980 UN Convention on Certain Conventional Weapons (CCW) – Protocol I, II, III, IV and Protocol II Amended.

Cambodia has no stated position on negotiating a ban on mine transfers in the Conference on Disarmament. However, the government is against anything that dilutes the Mine Ban Treaty and will continue to promote all aspects associated with this Treaty.

PRODUCTION

Despite the millions of deadly weapons in Cambodian soil, Cambodia has only ever commercially manufactured one kind of antipersonnel landmine, the KN -10. However there are countless reports of homemade or improvised mines being produced across Cambodia by various actors.

In the early 1970s Cambodia manufactured the KN – 10 Antipersonnel Landmine. The KN- 10 is a Cambodian directed fragmentation antipersonnel mine. This mine is similar to the Vietnamese MDH -10 and former Soviet MON -100 mines. The mine can be used against both light skinned vehicles or in an antipersonnel role. The KN-10 is typically command initiated. However, it can be impacted with a variety of tripwire-initiated fuses. The mine is normally found attached to a tree or similar item. Although the mine is designed to be initiated by a MUV-type fuse, it can also be command detonated. It is difficult to acquire information about how the KN-10 was used in Cambodia or how many were produced.

Improvised or homemade mines are made by a variety of people and for a variety of purposes. Civilians make such mines for the purposes of property protection (e.g. land, houses, village, bridge, and animals), for fishing or for settling scores with in neighborhood disputes. The most recent report of such use was Rattankiri province, in the North East of Cambodia where poachers are trying to catch tigers with homemade landmines. Poachers buy explosives and detonators from middlemen, who are often the people commissioning them to kill the tigers. Each mine uses about 2kg of explosive and costs less than US$20 to make. (See Appendix Two)

Since the signing of the Mine Ban Treaty Khmer Rouge soldiers continued to manufacture improvised landmines in small factories in the North West of the country. Sources, known to the researchers, have met men who worked in these factories CMAC is charged with destroying all improvised mines and technical adviser will visit the factory areas in order to devise safe means to destroy these mines. It is also believed that in some refugee camps along the Thai-Cambodian border Khmer Rouge soldiers used civilians to produce landmines. It is also widely believed that stocks of mines belonging to the Khmer Rouge still remain in cave areas in Thailand.

While key political leaders in relation to landmines have made many statements, (See Chapter One) a law has yet to be passed in the National Assembly banning the production of landmines in Cambodia. In February 1999 there is no formal evidence of continued production of mines by any Cambodian group.

More information about the type of mines produced is available from the Cambodia Mine Action Center in Phnom Penh or from the Department of Defense Humanitarian De-mining Program, United States of America.

TRANSFER

Since the early 1970s many landmines have crossed the borders of Cambodia. The following lists of anti-personnel landmines have at some time or other been found in Cambodian soil, and thus must have been imported by one army or another.

Antipersonnel Mines found in Cambodia

Name of Mine	Country of Origin
KN – 10	Cambodia
M – 62	Hungary
M 14	U.S, India, Vietnam
M 16A1	U.S, India
M 18A1	Chile, South Korea, US, Iran
MBV – 78- A1	Vietnam
MBV- 78- A2	Vietnam
MD- 82- B	Vietnam
MDH – 10	Vietnam
MDH- 2	Vietnam
MDH-3	Vietnam
MDH-5	Vietnam
MDH-7	Vietnam
MIN	Vietnam
MN	Vietnam
MODEL	Thailand
MON	Former Soviet Union , Bulgaria
NOMZ2 B	Vietnam
OZM-3	Former Soviet Union
OZM-4	Former Soviet Union
OZM-72	Former Soviet Union
P-40 BALL	Vietnam
PMA-2	Former Yugoslavia
PMA-3	Former Yugoslavia
PMD-6	Former Yugoslavia
PMN	Former Soviet Union , China , Iraq
PMN-2	Former Soviet Union
POMZ-2	Bulgaria, China , North Korea , Former Soviet Union
POMZ-2M	China , North Korea, Former Soviet Union, Former East Germany
PPMI- SR	Former Czechoslovakia
PPM-2	Former East Germany, China
PSM-1	Bulgaria , Poland
Type 66	China
Type 69	China
Type 72	China , South Africa
Type 72B	China

Anti-tank Mines found in Cambodia

TM-41	Former Soviet Union
TM-46	Former Soviet Union , Former East Germany Bulgaria
TM-57	Bulgaria , China , Former Soviet Union ,Iraq
MT-62M	Former Soviet Union ,Bulgaria , Poland
TMB-2	Former Soviet Union
TMN-46	Former Soviet Union , Former Germany , Bulgaria

However on 17 February 1999, the Deputy Commander in Chief of the Royal Cambodian Armed Forces and Chief of Joint Staff, Lt. Gen. Pol Saroeun stated that the government was not trading in landmines. He is unaware of any such trading in Cambodia. An informal survey of local markets notorious for the sale of weapons, found that the anti-personnel landmine was no longer for sale.

There are of course exceptional, isolated cases. In 1998, a member of the Cambodia Campaign to Ban Landmines in Sisophon was approached by trader in Phnom Malai, Banteay Meachey province. He asked if a buyer could be found for his 40 landmines. It is widely believed that anti-personnel landmines are traded through Thailand to the Burma Border, but there is no formal evidence of such transfers.

Since 2 October 1994 Cambodia has maintained a position against the import or export of anti-personnel landmines. Norodom Sihanouk, King of Cambodia issued a declaration calling for a law against the use of anti-personnel landmines, the destruction of existing stockpiles, the end of export and use and a request to donor countries for de-mining support. On 24 May 1996 a CMAC official, Mr Som Socheath was quoted in a local newspaper saying, "Our draft law contains serious penalties against anyone found to be importing or laying landmines," That draft law never reached the National Assembly because of political changes at the time. A new draft law against the import and export of landmines is yet to be submitted to the National Assembly. (See Chapter One)

STOCKPILING AND DESTRUCTION

On 17 February 1999 Deputy Commander in Chief and Chief of Joint Staff of the Royal Cambodian Armed Forces (RCAF) Lieutenant General Pol Saroeun, formally stated that the Cambodian government no longer had stockpiles of anti-personnel landmines. The following table shows the numbers of landmines destroyed by the RCAF.

Landmine	1994	1995	1996	1997	1998	Total
Anti Tank	362	560	1605	927	131	3585
Anti personnel	13970	5053	34907	6151	11910	71991
Improvised	0	0	11325	7307	4392	23024
Total	14332	5613	47837	14385	16433	98600

These landmines were destroyed by explosion, individually and in-groups, as they were found. Cambodia received no financial assistance for this process.

It is widely believed that piles of mines are in different parts of the country left over from the stages of conflict in Cambodia. These mines are believed to be under the control of soldiers or village security, businessmen or are left undiscovered in the forest. Landmines are sometimes kept by individual villagers for fishing, property protection or settling scores. No records have been kept of such stockpiles and the Cambodia Action Center will undertake an information gathering process in relation to this issue in the next year. The Deputy Commander in Chief and Chief of Joint Staff of the Royal Cambodian Armed Forces (RCAF) Lieutenant General Pol Saroeun stated that any stockpiles, which are found by the RCAF, would be destroyed.

The Cambodia Mine Action Center has retained less than one thousand anti-personnel landmines for training. These are kept in the regional headquarters and the training center in Kompong Chhnang. CMAC usually uses copies of landmines for training purposes.

The Canadian government has offered Cambodia financial support to destroy stockpiles of anti-personnel landmines.

USE

Since the signing of the Ottawa Treaty on 3 December 1997 there have been reports of new use of anti-personnel landmines in Cambodia.

Fighting broke out in O’Smach, Otdar Meanchey province, O’Beichoen, Banteay Meanchey province and Samlot district, Battambang province since December 1997 but there is no concrete evidence to prove there was new use of landmines, although it is highly likely. What is certain is that all sides of the conflict sustained many landmine injuries, whether from old or new mines. On 17 February 1999, the Deputy Commander in Chief of the Royal Cambodian Armed Forces and Chief of Joint Staff, Lieutenant General Pol Saroeun stated that the Royal Cambodian Armed Forces had not laid new mines.

Funcinpec Forces under the command of Nhek Bun Chay controlled a small piece of land near O’Smach on the Thai/Cambodian border. It was literally ringed with a kilometer of landmines. Landmines were believed to be the primary weapon in their arsenal and were used to buy time while negotiations continued with the government.

In the case of Samlot defecting soldiers and their families booby-trapped their villages as they retreated to Thailand, in September 1997. The landmines used for such property protection in Samlot were either recovered while clearing paddy fields or homemade by transforming rockets and grenades into mine devices. In the same district in the months that followed Division 16 (previously of the RCAF, then defected to the resistance forces) laid landmines to protect mobile headquarters.

During October 1997 Khmer Rouge radio claimed that they would continue to exercise their right to lay landmines. During 1998 the Khmer Rouge were under extreme military and political pressure. They used both landmines and booby traps/ anti-personnel explosives to protect themselves from Royal Cambodian Armed Forces.

It is widely known individuals use landmines for fishing, for the protection of property and for settling scores.

Other more isolated incidents of new landmine use include;

26 June 1998 - Airport, Koh Kong, a single landmine in the runway was hit by the airplane. Previously the runway had been in frequent use. It is unknown who laid the mine, although at the time the government accused the resistance forces.

10 August 1998 - Beoung Veng, six kilometers south of Phnom Malai, Banteay Meanchey - Police surrounded a forest with mines in order to capture a murderer who had hidden there. The man emerged from the forest stepped on a mine and the police shot him. He died.

27 January 1999 - Ratanakiri province – Homemade mines are used by poachers for catching and killing tigers. Tiger bones are highly sought by Vietnamese traders.

III. HUMANITARIAN MINE ACTION

FUNDING

1. The Cambodia Mine Action Center

Income:

The Cambodia Mine Action Center is the government de-mining agency for Cambodia. It receives funding from the Cambodian government, other governments, the United Nations and non-governmental organizations who act as custodians for government funds.

Between 1993 to 1998 the Royal Government of Cambodia has donated approximately one million US dollars to the Cambodia Mine Action Center. In addition to this financial support the Royal Cambodian Government has donated 59 hectares of land in Kompong Chhnang province for the CMAC training center and land for the CMAC headquarters in Phnom Penh. The government has granted CMAC tax-free status, which has an estimated value of at least US$2 million dollars. All donations were given for the purposes of humanitarian de-mining by the Cambodia Mine Action Center.

The Cambodia Mine Action Center receives three kinds of support from other governments and non-governmental organizations - financial, advisory and in kind support. (Donor countries are listed in the table following.) For example, Norway contributes money to the UNDP trust fund, but also funds technical advisors through the NGO, Norwegian People’s Aid (NPA). The United States does not provide money to the UNDP trust fund, but has provided millions of dollars in support for CMAC by providing in kind support in the form of trucks, explosives, cars, de-mining equipment and so on. Other countries fund bi-lateral projects. For example Sweden is funding a three-year program to establish a mine detection dog program in Cambodia. Finland is funding a two-year project for mechanical de-mining by funding the testing and perhaps the operational development of two mechanical de-mining flails.

CMACs annual project costs are US$12 million. This does not include advisory support or in kind donations.

The percentage break down of Cambodia Mine Action Center Expenditure

Mine Awareness	1 %
Mine Verification	7 %
Mine Clearance	90 %
Mine Training	2 %
Total	0 %

TRUST FUND – Daily CMAC Operational Budgets

Contributions from Donor Countries to the Cambodia Mine Action Center, 1994 -1998 as cited by CMAC.

Country/ Organization	Financial Support in Cash (US$)	Technical Advisors	In Kind
Australia (94 – 98)	10.21 million	Yes
Belgium (’97 / Oct.)	0.82 million	Yes
Canada (94 – 98)	2.83 million	Yes
Denmark 3/6/7/8	4.15 million
Finland (early ’98)	0.52 million		Flail
Pope John Paul II (94)	5,000
King of Cambodia*	13,000
Japan (94/96/98)	6.3 million
Norway (94/95/96)	1.96 million	Yes, provided through Norwegian People’s Aid
New Zealand (93/94/ 95/96/97)	0.54 million	Yes
Netherlands (93/96/97/98)	7.76 million	Yes
Switzerland (July 97)	$ 67,000
South Korea (98)	$ 25,000
Sweden (95-98)	8.83 million	Yes
United Kingdom (93/ 94/95/96)	4.119 million		Bilateral in context of Trust Fund (95-99)
USA (94)	910,000		Leadership Training and in kind donations valued at $ 10 million.
Germany* Dir.CMAC.97	1.6 million
European Union*	5.3 million	Yes, provided through Handicap International
UNDP/CARERE* (93-2000)	4 million	Capacity building
USAID*	2 million
UNICEF*	1 million	Yes
UN Volunteers*		4 volunteers CMAC 4 x $35,000

* Not donated through the UNDP Trust Fund

Actual cash received by the UNDP Trust Fund "Assistance to De-mining Programs in Cambodia", since the signing of the Ottawa Treaty in December 1997 to December 1998

Donor	USD Contribution
Netherlands (Dec.’97)	2.4 million
Denmark (Jan.’98)	878,000 US
Japan (Feb. ’98)	1 million
Australia (mid June‘98)	1.703 million
Sweden (Dec. 97)	1.316
Sweden (June’98)	1.298
Finland (April)	520,000 US
South Korea (Nov.)	25,000 US

The total is:

Contributions to the UNDP Trust Fund "Assistance to De-mining Programs in Cambodia", for 1999 include:

New Zealand	USD 100,000
Belgium*	30 million francs
Japan*	USD 900,000

*Firm pledge and agreement signed, but cash not yet received.

2. Mines Advisory Group

Income:

Donors Contribution

For the period of 1 January 98 - 31 December 1998

	Transfer from MAG UK	WVI	Church World Service	LWS Battambang	LWS PHSR.	LWS ORAL	UNICEF	Total
	DFID	AusAID WVI	Private Donation/ EZE	Finchurch Aid/FIWIDA	EZE	DanChurchAid/ DANIDA
Jan					171,042			171,042
Feb			50,000				70,911	120,911
Mar		90,000	25,000				26,106	141,106
Apr	100,000							100,000
May		67,775	200,000				36,702	304,477
Jun							44,000	44,000
Jul					150,000	140,000		290,000
Aug			120,000	40,000	100,000			260,000
Sep		28,186					19,579	47,765
Oct		50,000	50,000	60,000			15,975	175,975
Nov	300,000	120,000			100,000			520,000
Dec				30,000		119,655	70,551	220,206
Total	400,000	355,961	445,000	130,000	521,042	259,655	283,824	2,395,482

Note: LWS - Lutheran World Service, WVI – World Vision International

MINE CLEARANCE – SURVEY / ASSESSMENT

After 30 years of conflict Cambodia is among the most mine/ UXO affected countries in the world. In 1998, seven years after the 1991 peace agreement, mines and UXOs have caused more than 1200 accidents. The great majority of mined areas are located in the provinces along the Thai-Cambodia border where most of the fighting occurred since 1979. The Eastern provinces are mostly affected UXOs (though there are also some mined areas) as a result of the Vietnam War.

Though there has never been a systematic Level One Survey of the mine problem in Cambodia, a great deal of suspected areas are registered in the Cambodia Mine Action Center Database. One lasting legacy of the UNTAC period in Cambodia (1991-3) was the information collected on the location of around 1900 suspected mined areas. These suspected areas were then classified as reported, verified, marked or cleared. Suspected areas surveyed, marked or cleared by independent operators are also being registered in databases. CMAC has collected and verified reports of suspected areas, which are recorded in the Database since 1992. No formal records of mined areas exist. To verify reports, CMAC staff have to rely on interviewing villagers, local military, police and mine victims to identify the suspected areas.

In early 1999, CMAC plans to start a systematic, countrywide Level One Survey to assess the extent of the mine/UXO problem throughout the country. This survey will collect information on all suspected areas so as to fully determine the extent of the mine problem in Cambodia and develop a National De-mining Plan. This Survey will contain a socio-economic component, which will collect information on the number of the people affected and the socio-economic potential of the contaminated areas.

The information recorded to date in the CMAC Database is as follows:

• Reported mined areas (mine information):

572 fields covering 1,404,163,759 meters Sq.

• Verified mined areas (confirmed suspected mined area):

790 fields covering 532,632,269meters Sq.

• Marked mined areas (confirmed mined area):

402 fields covering 111,374,070 Meters Sq.

Based on the CMAC Database register of verified/marked mined areas, the suspected areas are characterized as follows:

Priority 1	Land to be used for resettlement	265 fields	22.23%
Priority 2	Land to be used for agriculture	764 fields	64.09%
Priority 3	Land to be used for community development	106 fields	08.89%
Priority 4	Land to be used for infrastructure	57 fields	4.78%
Total		1192 fields	100%

The main target beneficiaries of humanitarian mine clearance are Internally Displaced People (IDPs), returning refugees, demobilized soldiers and landless rural families.

According to World Food Program as cited by CMAC, there are still over 110,000 Internally Displaced Peoples who are either waiting to resettle or have just gone back to their village of origin. In most of cases these villages of origin are either mined or very close to suspected areas.

There are also 37.000 refugees, still living in Thai refugee camps who are currently returning to heavily mine infested areas in Samlot, Samroung and Anlong Veng. (February 1999)

CMAC's Socio-Economic Branch was created to assess the socio-economic benefits of areas requested for clearance or areas, which have already been cleared. In each assessment, information is collected on land use planning, number and situation of beneficiaries and land tenure.

The assessments of 83 mined areas planned for clearance in 1998 and 1999 indicated that 6.300 families will benefit form the land cleared: 60.5% IDPs families and 39.5% local poor families.

The assessments of 60 cleared mined areas (out of a total of 238 cleared up to date by CMAC) showed that 1559 families have benefited from the land cleared: 46% IDP families and 54% local families. In 1999, CMAC hopes to collect the information from the other de-mining operators working in Cambodia.

Up to date, CMAC does not yet have an exact figure of the number of families affected by landmines. However we know that most of the rural communities living in mine affected districts along the Thai-Cambodian border are affected by mines in various ways. There is a shortage of land for settlement, for agriculture, it is difficult to the rehabilitate rural infrastructure (schools, road, irrigation systems), there are obstacles to safe travel and to forest gathering activities to earn an income and their is no security for children. In addition there are a number of casualties;

Casualties by Province in Cambodia - 1998

These figures are not yet comprehensive, as there are still key areas where CRC has limited information on the mine incident (former Khmer Rouge areas along the Thai-Cambodian Border). However it is planned to base data gatherers in these areas in 1999. Statistic experts suggest an additional 20% probably reflects a more accurate figures.

The number of mine incident per month is not constant over time. Over the past years the same trend has been observed: the numbers go up during the dry season and down in the wet season. The increased military activity and the increased forest gathering activities occurring during the dry season can explain this. In 1998, the monthly incident figure ranged from 180 in January to 54 in October.

Note: Mined areas by Province are available in the Appendixes.

MINE AWARENESS EDUCATION

Despite the many thousands of people who have received mine awareness training, it is evident given the number of accidents that occurring because of tampering with mines that too many people lack or have incorrect knowledge about the dangers of mines/UXO especially children in Cambodia. (An Information-Needs survey planned by CMAC to take place next year will provide more details about this issue.)

CMAC is responsible for the national strategy and for coordinating all awareness-raising efforts.

Mine marking is a very important form of mine awareness. CMAC has two kinds of teams involved in marking mined areas. There are 13 Mine Marking Teams (MMT) which are marking verified mined areas of high priority. There are another 13 Community Mine Marking Team (CMMT) which are marking priority areas and doing small scale clearance through minefields in remote villages, to assist the local population to live more safely in a mined environment.

However effective exclusion of civilians from the suspected areas does not rely only on marking. Mine awareness program and the active participation of local authorities have an essential role in modifying the behavior of villagers in suspected mine areas. Though there are improvements, they are still limited as the villagers driven by economic necessity often go to the dangerous areas.

The present methodologies are only primary method. We need to keep on developing new approaches and new technology to mark off and fence mined areas. Some of the critical issues confronting us are as follows:

• Permanent markers
• Reduction of boundary of mined areas to exact mine location
• Clearing of access routes through the mined areas
• Changing village behaviors

There are three lead agencies in the areas of mine awareness education. They include;

CMAC – 12 teams, mass media campaign, bill boards, NGO Campaign

MAG – 8 teams, billboards

MATT- awareness integrated into world vision‘s development activities

Other development agencies in mined areas have mine awareness integrated into their programs. None of the program in Cambodia relies on training village people as awareness educators. Rather, each organization employs Awareness teams, typically with four educators in each, visiting two to five locations a week (villages, schools, development projects, etc.) The following table shows the number of people who have received training from CMAC over a four year period.

Cambodia Mine Action Center - Mine Awareness Team (MAT) Campaign

1994 to 1998

YEAR	Course	Villages	School	NGOs	Attendants	Field Visits	Reports			Location	Remark
							UXO	Mines	M/F
1994	110	102	8	0	59,597	-	-	-	-	-	02MATS
1995	382	348	69	0	120,879	-	-	-	-	-	02MATS
1996	283	222	39	5	216,100	-	-	-	-	-	02MATS
1-5, 97	93	51	13	0	36,610	-	-	-	-	-	02MATS
06-12, 97	986	979	7	0	213,579	28,874	636	66	12	10	12MATS
1998	1,654	1,427	33	33	355,478	59,792	4,153	747	106	11	12MATS+ NGO
TOTAL	3,508	3,129	169	38	1,002,243	88,666	4,789	813	118	-	-

Note: NGOs total includes, local NGOs in the provinces taught by MAT, NGOs taught by NGO campaign officer, three MAT participated 2 peace pilgrimages (The Dhammayiatra Peace Walks).

MINE CLEARANCE

Mine Clearance Agencies Currently de-mining in Cambodia:

1. Cambodian Mine Action Center (CMAC)

Building 10-12, Road 528, Quarter Boeng Kak 1, District Toul Kork, Phnom Penh, Cambodia. P.O Box 116, Phnom Penh, Cambodia

Tel: 855 23 981083/4, Fax: 855 23 367096.

Email: cmac@camnet.com.kh

The first step leading to the creation of CMAC was a decision of the Supreme National Council of Cambodia on 10 June 1992, establishing a body dedicated to the clearance of landmines. This reflected the provision of the Paris Peace Agreement which mandated that United States Transitional Authority in Cambodia (UNTAC) should provide mine awareness, mine clearance and training for de-mining personnel.

CMAC evolved from the UNTAC-operated Mine Clearance Training Unit (MCTU), as an organization empowered to receive and administer donations of funds for de-mining. Its function was to collect information on the extent of the mine problem in the country. However, UNTAC personnel made all decisions and little capacity building was attempted.

When UNTAC’s mandate ended in November 1993, CMAC was reorganized, integrating the national and international staff attached to the MCTU into the present structure. Today CMAC has grown to be the national de-mining organization of Cambodia, coordinating its own de-mining activities in addition to those of several non-governmental organizations.

CMAC currently conduct major de-mining operations in seven provinces and other Mine/UXO clearance activities in an additional five provinces.

• Demining Unit 1 – Banteay Meanchey, Siem Reap
• Demining Unit 2 – Battambang,
• Demining Unit 3 – Kampot, Kampong Speu,
• Demining Unit 4 – Kampong Cham, Kampong Thom

b. Mobile Operations: Mine and UXO clearance teams, Community Mine Marking Teams, Mine Verification and Survey Teams and Mine Awareness Education Teams.

• Kampong Chhnang
• Svay Rieng
• Prey Veng
• Kandal
• Takeo

All employees involved in de-mining operations in Cambodia are selected locally. The expatriate are doing the work as the Technical Advisors dealing with the work of de-mining operations, explosives ordnance disposal, verifications, mechanical nine clearance, Training, Socio-Economic, mine detection dog, financial and logistics techniques.

In 1998 CMAC cleared 11.5 square kilometers.

CMAC’s annual costs are now about US$12 million.

2. Mines Advisory Groups (MAG)

Building 30, Street 294, Boeng Keng Kang, Phnom Penh, Cambodia.

P.O. Box 1111, Phnom Penh, Cambodia

Tel: 855 23 360495 Fax: 855 23 360480.

Email: mag@forum.org.kh

MAG Cambodia began its operations in October 1992 deploying one mine clearance team in Battambang province. Today the organization operates five demining teams, seven Mine Action Teams (MAT’s) and two EOD teams. The MAT concept has been recently developed by MAG Cambodia to increase the impact of our programming on mine/UXO affected communities. MATs primarily focus on clearing small plots of land for community use, for example around pagodas, water sources, clinics, schools and for resettlement purposes. MATs comprise one supervisor, 12 deminers, one Trauma Care trained medic and a driver. The team can be transported in one vehicle, which gives the team increased nobility and flexibility. Each MAT member is primarily deployed as a deminer. However to provide an integrated response to the mine and UXO problem faced by a community, each deminer is trained in a secondary skill such as Surveying and Marking, Mine Awareness, Explosive Ordnance Disposal (EOD), and basic trauma care. The MAG programme is currently supported by DFID, AusAID ( in partnership with World Vision International) UNICEF, and the NGO’s Church World Service (CWS), Lutheran World Service (LWS) and CARITAS who have accessed funds form European and American donors on MAG’s behalf. MAG operates in close co-ordination and co-operation with the Cambodian Mine Action Centre (CMAC).

MAG currently conducts operations in six provinces as follows:

• Battambang
• Kampong Thom
• Kampong Speu
• Banteay Meanchey
• Pursat
• Siem Reap

3. HALO Trust

Building 16, Street 95, Boeng Keng Kang, Phnom Penh, Cambodia.

Sat Fax: 00873 761 346246 Tel: 855-23-364063.

The HALO Trust has been working in Cambodia since 1991. HALO commenced operations with a mine danger area survey in support of UNHCR in Pursat, Battambang, Banteay Meanchey and Siem Reap provinces. Over 800 survey reports were generated and logged with the UNTAC database (now the CMAC database). In response to the large number of mine accidents and requests from other organizations HALO commenced clearance operations in early 1992 in Pursat and southern Banteay Meanchey provinces. As former conflict areas opened up HALO took on a trail braking role often the first organization to commence humanitarian activities in former Khmer Rouge areas. HALO currently has two base locations in Thmar Pouk and Siem Reap and two satellite locations in the towns of Samrong and Anlong Veng. HALO’s activities in Cambodia can be summarized as; Mine clearance, Survey, Marking, Limited Mine awareness, Route proving, Promotion of development in remote areas

HALO currently employs 560 local staff and expatriate Technical Advisor’s. In addition to the mine clearance teams in each location a UXO call out team is based to provide rapid response to requests from civilians, Government, non-Government and International Organizations. In 1997 HALO trailed the use of an armored tractor fitted with Bush cutter. These trials were so successful (an increase in clearance rates on cut ground of between 50 and 150 %) five units are now deployed and operating in Cambodia with a further five on order and planned to be deployed by mid 1999. In 1999 HALO is going to trial a system utilizing an armored loader to support manual clearance in areas of high metal contamination, laterite soil or extremely hard ground. This system was developed in Afghanistan and has achieved increases in productivity of over 25 times in parts of Kabul.

During 1998 HALO converted from the traditional Two Man One Lane system to One Man One Lane (OMOL) this has also proved to be extremely successful the number of demining lanes has doubled for the same running costs. Also significant improvement in productivity per lane has been achieved as a result of the introduction of OMOL. In early 1998 HALO conducted an investigation on land use of all sites cleared by HALO between 1992 and May 1998. This information was the basis of a land use reports the first of its kind done in Cambodia. This report showed that over 90% of land cleared by HALO had been used for purposes it was intended for when clearance took place and that less than 1% of cleared land had been repossessed by the military.

Commencing in March 1999 all sites cleared by HALO will be revisited and the socio-economic template developed by the CMAC planning unit will be applied to each of these sites and a consolidated report generated. HALO has regular meetings with both CMAC and MAG to ensure no duplication of effort occurs and there is a two-way flow of information regarding survey, clearance and technological developments.

HALO is currently funded by ECHO (European Community Humanitarian Office), DflD (British Government), the Finnish Government, DFA (Irish government), UNDP/CARERE, Association to Aid Refugees (Japan), United States state department and grass root grants from the Embassy of Japan.

Norwegian People’s Aid (NPA)

# 4 St. 278 Sangkat Olympic, P.O. Box 2228, Phnom Penh.

Tel: 023 210383, Fax: 023 217729,

Email: npaid@camnet.com.kh

NPA’s Cambodia Commitment

The Landmine clearance effort in Cambodia began in 1992, which support to the UN Peacekeeping Mission. This was subsequently turned into assistance with the establishment of Cambodia’s national mine clearance organization, CMAC ( Cambodia Mine Action Centre). In its endeavour to fight landmines in Cambodia, NPA currently runs two major projects, which could be defined as humanitarian mine action. On the one hand, five Technical Advisers are involved in the process of improving the technical side of mine clearance, while empowering CMAC to develop into a self-reliant, sustainable organization. On the other, NPA runs a broad which is to help land-less poor to settle on demined land. In addition, it gives support to the Cambodian School for Prosthetics and Orthotics, and has set up a light engineering factory in Phnom Penh, employing mine victims in the production of demining equipment.

NPA’s budget for 1998 was:

School of Prosthetics	US $ 65,000.00
Technical Assistance to CMAC (demining)	US$ 460,000.00
Community Development	US$ 905,000.00
TOTAL	US$ 1,430,000.00

The Cambodia programme attempts to take a holistic approach to the mine problem, and this report hopes to shed some light on the humanitarian mine action effort of NPA in Cambodia as it looked in 1998.

REMARKS

There are some obstacles to a more effective mine clearance program in Cambodia. These include flail mechanical clearance that cannot access some areas in Cambodia. Some locations are under water, bushes, and sloping land also caused difficulties in manual de-mining. There is no mapped mine-field left by those who laid the mines.

All relevant participants, various government agencies, UN, NGO de-mining organizations are cooperating with CMAC.

It should be noted in this report that de-mining requires discipline, patience and courage. The de-miners who die or are injured on duty in Cambodia have been very few in comparison to other places. However family and friends mourn any death or injury. Cambodian de-miner are held in esteem for their courage and service to country.

Mine Clearance:

Since 1992, CMAC has maintained records of areas cleared. The records can be accessible to CMAC Operations Branch or Database Unit.

As at 11 December 1998:

CMAC	No. areas	Sqm Cleared	APM	ATM	UXO	Fragment
Total	254	46, 069, 599	38313	328	43457

As at 30 November 1998:

MAG	No. areas	Sqm Cleared	APM	ATM	UXO	Fragment
Total	64	3, 341,215	3033	0	6319	0

As at 14 December 1998:

HALO TRUST	No. areas	Sqm Cleared	APM	ATM	UXO	Fragment
Total	82	9, 843,729	5754	16	3609	113

As 14 August 1998:

OTHERS	No. areas	Sqm Cleared	APM	ATM	UXO	Fragment
CMAC CMM	33	190,000	-	-	-	-
MCTU(UNTAC)	26	2110000	-	-	-	-
COFRAS(NGO)	50	11510000	-	-	-	-
National Army	17	3940000	-	-	-	-
Local People	207	69780000	-	-	-	-
Unknown	7	1180000	-	-	-	-
Totals	340	88,710,000

Total Land Cleared: 147.8 square kilometers.

It is important to note the significant contribution of local people towards the de-mining of Cambodia.

For details of provincial statistics please, refer to the appendixes.

Based on the report from the CMAC data base, areas which have been cleared by percentage as follows:

1. Resettlement by 54.4%
2. Agricultural by 44.0%
3. Infrastructure by 1.2%
4. Economic development by 0.4%

RECONSTRUCTION & DEVELOPMENT OF CLEARED AREAS

CMAC Community Liaison Officer’s have conducted socio-economic assessments in 60 mined areas cleared by CMAC. The sixty cleared mined areas represents 25% of the total of 238 areas cleared to date by CMAC. The total area of the minefields assessed represents 20% of the total surface area cleared by CMAC. Thus the general characteristics report here are not necessarily representative of what may later be found as the CMAC socio-economic efforts continue.

The Socio-economic section conducted benefit assessments of 40 mined areas, which were being cleared in 1998. Out of these, the section recommended that 8 areas be removed from the work plan because the socio-economic benefits of de-mining could not be substantiated. However, while it is not possible yet to draw general conclusions, this report will point out a number of interesting features of the data collected so far.

The proportion of land under dispute is quite limited. In the areas assessed it amounted to only 4%. However without proper coordination and cooperation, CMACs efforts in areas previously administered by the Army and from which the civilian population was displaced will be made difficult by the potential for land disputes. In the context, it is crucial for CMAC to carry out socio-economic assessments in close collaboration with local authorities and the Provincial Governments.

Of the 60 cleared areas surveyed the following information was collected. Out of the total 1,559 beneficiary families, 700 (54%) have used the land for resettlement, 213(14%) were already settled on the land cleared and 646(41%) are cultivating it. The higher percentage of families using land for resettlement in Battambang (66%) and Banteay Mean Chey (48%) is due to the return of Internally Displaced People to their villages of origin. This proportion will increase significantly as the remaining assessments are made in the areas opened since the Khmer Rouge defections in 1996. The average agricultural land cleared used by one family is 0.8 hectare, ranging from 0.4 to 1.1 .The average housing plot used by one family is 1,376 square meters. It should be noted that housing plots in rural areas are not just used to building a house but also cultivate vegetable and fruit gardens.

This issue has been of concern to a network of NGOs who work in mined areas. During June 1998 a group of NGos met in Battambang province to discuss the issue and came out with a statement that included an analysis of the situation and recommendations. That statement was adapted with experience from other NGOs and sent as part of the NGO Statement To The 1999 Consultative Group Meeting On Cambodia, Tokyo 25-26 February 1999. (See Appendix Five for the full statement.)

Development and reconstruction of mine affected villages and communities are essential components ensuring the spirit of the Ottawa Mine Ban Treaty is carried forward. Agencies working in development and reconstruction of mine affected communities, after the mines are cleared in Cambodia include Norwegian People Aid, Lutheran world Service, Jesuit Service, Church World Service, World Vision, Action Nord Sud and CARERE. Subsequent Landmine Monitors will follow these activities in more detail.

IV. MINE ACTION: LANDMINE VICTIM/ SURVIVOR ASSISTANCE

LANDMINE CASUALTIES

The Mine Incident Database Project enables us to see clearly the situation of Landmine casualties in Cambodia. It was made possible because of the close collaboration of various agencies, chief among them being the Cambodian Red Cross (CRC), who agreed to host the database project and sponsor data gathering teams in four provinces, and the Mine Advisory Group, who deployed data gathering teams in five provinces. UNICEF has been the principal donor throughout the duration of the project. The Handicap International provided technical advisor and field staff were responsible for the setting up of the data base, and the training, coordinating and monitoring of the CRC data gathering and data entry staff.

The following Graphs and Diagrams prepared by Mine Incident Database Project highlight the overall situation of Landmine Casualties in Cambodia. They include:

• 1998 Mine Incidents: Casualties ranked by Province
• Long Term Casualty Trends by Year 1979 -1998
• Short Term Trend: Total Reported Casualties by Month, 1996-8
• Total Casualties: Deaths vs. Injuries 1998, Casualties by Age Group 1998, Military vs. Civilian Casualties 1998, Casualties by Gender 1998
• Incident by Occupational Category (Civilian vs. Military) 1998
• Incidents by Occupational Status (Mine) 1998
• Analysis of Casualty Types and Type of Amputation 1998

• Accident Territory – by Mine/UXO 1998

PROVISION OF VICTIM/SURVIVOR ASSISTANCE

To date it has been impossible to have exact statistics on the number of people disabled by landmines and still alive in Cambodia today. We do know that, at least 14500 people died as result of landmines and that at least 24,410 survived mine injuries initially. All who work among the mine victims have anecdotes of mine victims needing ongoing medical assistance for years after their accident, because of metal pieces left on their bodies and recurring wounds. As more land and communities are liberated from Khmer Rouge control access to many more disabled people, previously unrecorded becomes possible. The goal is to have statistics that can help to provide better services for the disabled at the provincial and district levels.

Health Services

The Cambodian government has developed a health plan that names operational districts, which consist of referral hospitals and health centers. These health centers are planned to be within ten kilometers or two hours walk of the population they serve. In 1998 surgical facilities are available at provincial level for landmine injuries.

MEDICAM the non governmental organisations working in the health sector noted for the Donor Consultative Meeting 24 February 1999.

Recent studies have shown that the average expenditure in health care is approximately 20-33US$ per capita/per year. Most Cambodians are paying far more than they can afford for generally poor quality, ineffective care. Instead of being a factor of poverty alleviation, health care is a serious impoverishing factor in Cambodia. 45% of patients have to borrow money to pay the medical bill for inpatient case, and households with least total monthly expenditures spent 28% on health costs. In addition, if to treat a sick family has to resort to selling, for example, its sole buffalo or rice field – its main capital – the consequences are far-reaching, and almost irreversible. Data gathering in process and common knowledge reveal that most disabled are among the very poorest in a very poor country, Health costs for land-mine injuries can completely bankrupt the family.

A special hospital for victims of conflict run by the NGO EMERGENCY exists in Battambang. Military hospitals caring for soldier victims include those in Battambang, Siem Reap and Phnom Penh.

The following map shows the distribution of named operational health centers, provided by the Ministry of Health.

Maps of Operational health Districts.

the following table, provided by the Ministry of Health highlights patient intake for hospitals in 1998.

Patients Intake at Cambodian Hospitals - January to December 1998

Province	Road Accident		Mine Accident		Others
	Cases	Deaths	Cases	Deaths	Cases	Deaths
Svay Rieng	60	0	4		2,577	54
Prey Veng	214	2	5		2,945	32
Kandal	421	1	5		7246	28
Phnom Penh	13	0	-		422	0
Kampong Cham	627	14	55		5335	143
Kampong Chhang	218	2	-		2140	22
Kampong Speu	494	4	2		26851	14
Takeo	388	13	-		4364	115
Kampot	601	7	20	3	3367	54
Sihanouk Ville	122	0	-		1416	95
Koh Kong	8	0	8		213	25
Pursat	108	4	28		2226	88
Battambang	397	12	109	1	6825	358
Banteay Meanchey	150	10	159	3	4,489	127
Siem Reap	630	4	40		5146	108
Kampong Thom	401	8	78	1	3852	28
Preah Vihear	69	0	34		1416	8
Kratie	165	1	46	1	2256	77
Stung Treng	42	1	4	1	773	12
Mondulkiri	26	0	1		125	0
Rattanakiri	28	2	-		543	10
Kep	40		-		85	1
Plantation	11	1	46		1017	8
Preah Sihanouk hospital, PP	102	1	-	-
Kuntheak Bopha hospital, PP	104	6	-	-
Kossamak hospital, PP	933	68	71	10
Ang Doung hospital, PP	42	0	-	-
PMI hospital, PP	14	0	-	-
Calmette hospital, PP	1904	68	20	0
Nation Child Hospital, PP	0	0	-	-
Total	8332	229	735	21

From these figures we can see that from 177 that died from landmine injuries, only 21 died in hospital. Of the 1249 victims, 735 received hospital teatment.

Prosthetics

Five international organizations have taken responsibility for the production and distribution of prosthetics in Cambodia. They include thee American Red Cross, Cambodia Trust, Veterans International, the International Committee of the Red Cross and Handicap International. There are some fifteen workshops, located throughout Cambodia. In 1998 the total number of prosthesis produced was 5858, an average of 484 per month.

The National School of Prosthetics and Orthotics (NSPO) is located in Phnom Penh, sponsored by American Friends Service Cambodia, American Red Cross, Cambodia Trust and Veterans International, and operated by Cambodia Trust. The National School of Prosthetics and Orthotics has the capacity to train 12 students per year in a three-year curriculum course. The course has international accreditation. The National School of Prosthetics and Orthotics director estimates that 100 technicians are required to fill Cambodia’s minimum. In 1997 six students graduated, followed by seven graduates in 1998. It is also developing a role in the region, as two students from the Laos joined the program last year.

The Foot Factory is a private business with technical assistance from Handicap International, which uses local materials to produce vulcanized rubber, solid ankle, and cushioned-heel prosthetic feet. The feet are purchased by Handicap International and given to agencies. The ICRC – funded and operated Components Factory supplies Prosthesis and Orthotics parts to the majority of the workshops in Cambodia.

Organizations producing Prosthesis in Cambodia

Agency	Location	Activities
American Red Cross P.O. Box: 535, Phnom Penh, Cambodia Tel:362105/362970, Fax: 855 23 214105,           E-mail: amcross@forum.org.kh	Kampong Speu	Prosthetics
Cambodia Trust (CT) P.O. Box 122, Phnom Penh, Cambodia Tel: 427067/368241 Fax: 855 23 427076 E-mail: CAMTRUST@bigpond.com.kh	Calmette Hospital, Phnom Penh	Prosthetics, and the NSPO
	Sihanoukville	Prosthetics
	Kampong Chhang	Prosthetics
Handicap International (HI) P.O. Box: 838, Phnom Penh, Cambodia #53, St. Sotearos Blvd, Chamcar Mon, Phnom Penh. Tel: 855 23 217300, Fax: 855 23 216270 E-mail: hianscambodge@bigpond.com.kh	Kampot, Kompong Cham, Kompong Thom, Pursat, Siem Reap, Takeo	Prosthetics
	Phnom Penh	Foot Factory
International Committee of the Red Cross (ICRC) P.O. Box , Phnom Penh, Cambodia Tel: 855 23 360071,Fax: 855 23 362071 E-mail: icrc@forum.org.kh	Battambang	Prosthetics
	Phnom Penh	Components Factory
Veterans International P.O. Box 467, Phnom Penh, Cambodia # 16, St. 21, Tonle Bassac, Phnom Penh, Cambodia. Tel: 855 23 217204, Fax: 855 23 218963 E- mail: vvaf@forum.org.kh	Khien Klang, Phnom Penh	Prosthetics, Orthotics and Foot production

Prostheses Production – 1998

Organization	J	F	M	A	M	J	J	A	S	O	N	D	Total	Aver.
Veterans International	103	99	121	85	114	97	90	91	78	115	132	121	1246	104
Handicap International Siem Reap	33	21	40	31	28	21	21	25	21	31	34	28	338	28
Handicap International Kampot	13	30	28	20	33	30	32	24	20	28	18	36	312	26
Handicap International Kompong Thom	14	20	17	6	15	21	13	11	16	23	14	18	191	15
Handicap International Takeo	17	10	13	21	11	21	18	12	11	14	12	12	172	14
Handicap International Kompong Cham	15	18	12	14	13	13	13	16	112	12	12	18	167	13
Handicap International Pursat	20	24	22	22	21	30	23	17	16	11	20	22	248	20
Handicap International Banteay Meanchey	5	9	13	14	13	14	24	21	17	21	21	13	185	15
American Red Cross	27	30	19	24	46	40	30	28	43	52	0	50		32
Cambodia Trust Phnom Penh	88	91	93	66	76	80	75	88	46	78	50	77	901	75
Cambodia Trust Sihanoukville and Koh Kong	28	20	26	17	24	45	30	18	21	37	14	23	313	26
Cambodia Trust Kampong Chhnang	15	14	17	18	27	31	21	10	16	17	10	15	211	17
Cambodia Trust Khean Svay	18	28	20	9	25	20	14	11	8	0	0	0	153	13
International Committee of the Red Cross Battambang and Phnom Penh	77	91	87	91	83	101	135	69	75	98	59	66	1032	86
Total													5858	484

Wheelchairs

Many of those who lose both their legs in a landmine accident require a wheelchair for their life and work. Production of wheelchairs is done by three organizations in Cambodia (see the table below) and together in 1998 they produced a total of 1581 chairs. Assessment of wheelchair users, training in wheelchair use and follow up is also done by these agencies. A national plan for wheelchair distribution was attempted and is partially successful. ICRC, ARC, HI, CT and various NGOs and individuals purchase and distribute wheelchairs to the handicapped. There is a policy amongst wheelchair producers and distributors that wheelchairs made In Cambodia for Cambodian conditions, by Cambodians are the most suitable. Export of wheelchairs from other countries is discouraged. To date very few users are able to afford the US$75 to pay for a wheelchair, however many users have made small donations towards the cost of wheelchairs production in Cambodia.

Organizations producing wheelchairs in Cambodia

Organization / Address	Location
Jesuit Service Cambodia P.O. Box 880, Phnom Penh, Cambodia #96, St.592, Toul Kork, Phnom Penh, Cambodia Tel: 855 23 880 139, Fax: 855 23 880 140 Email: jrscam@forum.org.kh	Banteay Prieb, Kandal province, Cambodia
Veterans International #16, St.21, Tonle Basak, Phnom Penh, Cambodia Tel:855 23 217204 Email: vvaf@forum.org.kh	Kien Klang, Phnom Penh, Cambodia
Association to Aid the Refugee – Japan Cambodia P.O. Box 141, Phnom Penh, Cambodia Kien Kleang Rehabilitation Center, Sangkat Chroychangva, Khan Russey Koe, Phnom Penh, Cambodia Tel:855 23 720 597, Fax: 855 23 211953 E-mail: aar.pp@bigpong.com.kh	Kien Klang, Phnom Penh, Cambodia

Wheelchair Production – 1998 (per month)

Organization	J	F	M	A	M	J	J	A	S	O	N	D	Total	Aver
Jesuit Service Cambodia	39	93	74	44	67	99	106	65	73	83	24	68	835	62
Veterans International	31	31	37	30	59	38	57	33	51	57	31	31	486	41
Association to Aid the Refugee-Japan Cambodia	20	20	20	20	20	20	20	20	25	25	25	25	260	22
Total													1581	125

Note: NGOs in Cambodia do not differentiate between funds used for prosthesis and other services for the landmine injured or victims of other disabilities. In fact many are victims of landmines because the mines laid in their areas prevented them from hospital treatment and vaccination at a time when it would have counted.

Vocational Training and Socio Economic Integration for the Disabled

As the number of disabled in Cambodia is so large vocational training centers which discriminate in favor of the disabled have been essential. The number of disabled who meet entrance criteria or policy standards for other vocational centers is extremely small. However vocational training centers are certainly not the answer for all disabled to attain income generating skills. Most are better empowered in their own localities with agricultural skills or family income possibilities. The following table shows organizations that conduct vocational and skills training centers. Some state as one of their major goals; to provide the opportunity for students to grow in self esteem, in a community of peers.

Overview of Vocational and Skill training Schools for Disabled Cambodians

Organization /Address	Target Group	Location	Principle Activities
Association to Aid the Refugees .-Japan (AARJ) P.O. Box 141, Phnom Penh, #51, St.350, Phnom Penh, Tel: 855 23 720 597 Email: aar.pp@bigpong.com.kh	Men and women, all types of disabilities except blind. Background and market accessibility considered.	Kieng Klang, Phnom Penh	Student recruitment, market research, and skills training (literacy, tin-smithing, leather making, poultry raising, radio repair, business accounting.)
Catholic Office for Emergency Relief and Refugees P.O.Box: 2401, Phnom Penh, #25, St.242, Boeng Prolith, 7 Makara, Phnom Penh, Cambodia Tel/Fax: 855 23 364306	Disabled persons are 1% of students. Banteay Meanchey	Sisophon	Skills training,
Cambodian War Amputees Rehab. Social (CWARS) P.O. Box: 635, Phnom Penh, #41, St. 111, Phnom Penh, , Tel/Fax: 855 23 217 338	Amputees, Pursat.	Pursat	Literacy, tailoring, radios, bicycle, motorcycle repair, hairdressing. student recruitment, skill training, outreach, market research
Jesuit Service Cambodia P.O. Box: 880, Phnom Penh, #96, St.592, Toul Kork, Phnom Penh, Cambodia, Tel:855 23 880 139,Fax: 855 23 880 140 Email: jrscam@forum.ork.kh	Motivated, disabled men and women, Kompong Speu, Kandal, Siem Reap Banteay Meanchey	Phnom Penh	Electricity Literacy, welding, agriculture, carpentry, wood carving moto repair, sculpture, tailoring, skill training, production workshops, follow-up.
Maryknoll P.O Box: 632, Phnom Penh, Cambodia #1, St.360, Boeng Keng Kang 1, Chamkar Morn, Phnom Penh, Tel/Fax:855 23 362884 Email: msi@forum.org.kh	Men and women, no age limit any educational level, Kampong Cham, Kompong Thom.	Phnom Penh	Tailoring, carpentry, typing, computer skill, weaving, English, grounds keeping. Skill training, production workshops, follow-up
	Blind adults, must live in Phnom Penh	Phnom Penh	Skill training, orientation and mobility training
Rehab Craft Cambodia P.O. Box: 1278, #69, St. 315, Phnom Penh, Cambodia, Tel & Fax:85523 880 574	Disabled from Phnom Penh	Phnom Penh	Producing leather craft work. Production
United Committee of Cambodia # UCC Kampot Taeng Kampong Bay, Kamport province, Cambodia Tel: 015 330 026/033 932 997 Email: ucc@forum.org.kh	Men, women, amputees, high motivation. Kampot province		Poultry raising, small engine, electronic, radio repair, horticulture. Skill training business start-up
Ministry of Social Affairs Labor and Veterans Affairs Battambang	Disabled men, amputees, wheelchair users, 18-34 years old,	Battambang	Radio repair, engine repair, welding tin-smithing. Skill training internships, follow-up by extension team, handisport.
Marist Mission Australia #78, St.430, Toul Tom Poung II, Chamcar Mon, Phnom Penh, Tel/Fax:0128 042 06/	Disabled children in Kandal Province		Literacy, numeracy primary syllabus. Primary school accelerated courses
International Labor Organization #8, St. 352, Boeung Keng Kang, Phnom Penh, Cambodia Tel: 855 18 810 270/428210/211484	Some disabled in class loads		Workshops/ Training

Socio-economic Integration

Socio-economic integration attempts to address the psycho social, economic, cultural, religious and educational needs at the village level. It is often done informally by the village community itself. Some organizations involved in facilitating this are tabled below. Development activities in mine affected communities are also vital in addressing these needs. A survey to determine the socio-economic situation of people disabled by landmines is in process and should be available for the next Landmine Monitor. To date, no actual costs of socio-economic re-integration are available to the researchers.

Community Based Work with Disabled People, Cambodia, 1998

 

Organization	Target	Location	Principle activities
Action on Disability and Development (ADD) P.O. Box 1123, #14 St. 412, Phnom Penh , Cambodia Tel/Fax: 855 23 363 697 Email:sadd@forum.org.kh	Those whom identify as disabled	Kompong Speu	Capacity building of people with disability in the community through self helps groups.
American Friends Service Cambodia P.O. Box: 604, Phnom Penh, Cambodia # 30 St.352 Phnom Penh, Cambodia . Tel: 855 23 216 400 Email: assc@bigpond.com.kh	Disabled adults and children.	Sihanoukville	CWD to improve the standard of living of disabled people and their families
National Center for Disabled People P.O. Box: 170,Phnom Penh, Cambodia #3, St Norodom, Phnom Penh, Cambodia, Tel: 855 23 368 546		Phnom Penh	Shop business, Information Referral Services.
Social Services for Cambodia (SSC) P.O.Box:149, Phnom Penh, Cambodia Tel: 855 23 427 820 Email: pact-cam@uni.fi		Kompong Speu, Phnom Penh	Mental Problem, Social work, Psycho social counseling.
Khemara P.O.Box:1250, Phnom Penh, Cambodia Tel/Fax: 855 23 360 134	Disabled/ poor	Phnom Penh.	Physical therapy, some income generation, school integration.
Handicap International (HI) P.O. Box: 838, Phnom Penh, Cambodia Tel: 855 23 217300/ 217298/ 982811 Fax: 855 23 216270 E-mail: hianscambodge@bigpond.com.kh	Blind and visually impaired.	Battambang Banteay Meanchey Pursat, Kampot, Takeo, Kompong Cham, Kompong Thom.	Therapy, counseling, skills training/loans/grants/ for income generation, referrals, advocacy work, school integration, follow-up of paratetra patients.
Servants P.O.Box 538, Phnom Penh Cambodia #3 St. 274, Phnom Penh Tel/Fax: 855 23 364 461 Email: servents@forum.org.kh	Disabled children	Phnom Penh	Mainly home visits for family training and to open access to the community, referrals. Neighborhood center for disabled children and their parents
Veterans International (VI) #16, St.21, Tonle Basac, Phnom Penh, Tel: 855 23 217204 Email: vvaf@forum.org.kh	Children	Phnom Penh, Kandal, Prey Veng, Svay Rieng	Follow-up, physical therapy.
	Disabled	Preah Vihear	Income Generation
Jesuit Service Cambodia (JSC) P.O. Box: 880, Phnom Penh Cambodia #96, St.592, Toul Kork, Phnom Penh, Tel: 855 880 139, Fax: 855 880 140 Email: jrscam@forum.org.kh	Mine Affected communities Land Mine /polio victims.	Siem Reap, Phnom Penh, Anlong Veng, Muk Kampoul, Kompong Speu Banteay Meanchey	Housing, Income generating, "Peer-Counseling" Health, Done by Land Mine Victim Social Workers
	Wheelchair Users	All country except North East	Advice, Repair, Devising Ways for daily life.
	Disabled Child.	Kandal, Battambang	Home Visits Arrange Schooling, Support Families
	Deaf	Phnom Penh	Making Hearing Aids

Other organizations working with the Disabled.

• Disability Action Council

The goals of the Disability Action Council are;

1. To promote and encourage the development of policy recommendations including policy coordination, planning , monitoring of programs, information utilization and dissemination, research and training;
2. To review and evaluate on a continual basis all existing policies, programs and activities concerning people with disabilities;
3. To play a key role in the further development and implementation of a comprehensive national plan and in the development of national policy and legislation on disability and related issues, which serve as the basis for a network of services that, can benefit all people with disabilities within their communities.
4. To promote the participation of people with disabilities in all activities and to strive to remove the obstacles and inequalities they face, and to do this through awareness raising activities and advocacy;
5. To maintain the commitment of the Guiding Principles which are at the foundation of the National Plan on Disability Issues.
6. To encourage and facilitate national and international exchanges of experience on disability issues;
7. To advocate for, and participate in, the allocation of resources to improve the living conditions of people with disabilities;
8. To encourage the creation and strengthening of organizations of people with disabilities;
9. To forge links with decision-makers in all relevant sectors and at all levels, in order to promote effective coordination of policies, programs and activities concerning people with disabilities;
10. To re-evaluate, on a regular basis, Disability Action Council's structure and function in order to ensure its continued relevance and effectiveness.

• Cambodian Disabled People’s Organization (CDPO)

The CDPO was established as a result of the First Seminar of Disabled People of Cambodia in September 1994 organized by Disabled People’s International. The participants resolved to establish a national organization for disabled persons. The organization provides advocacy, advice and referral services for disabled people.

Its Mission Statement reads as;

CDPO is an organization of disabled people whose purpose is to develop the networks of disabled people so as to support, protect, serve and promote their rights, achievements and interests, in order to bring about their fuller participation and equality in society. 

Legislation

A Final Draft law entitled, Draft Law to Protect the Rights of Persons with Disabilities, has been completed, but has not yet been submitted to the National Assembly. A Report on the Draft Law stated,

The draft law is designed to be sort of a set of practical approaches to deal with some of the numerous problems facing people with disabilities in Cambodia. There are many other provisions that could have been included here, such as accessibility requirements for transportation systems and telecommunications systems. .... this law is but a first step in a long term process of developing a law that fits the current situation in the country, and can serve as a solid foundation for change.

Financial Support

Aside from the support provided by non-governmental NGOs, as detailed above, the government provides a small pension to soldiers who become landmine victims. The pension ranges from 30,000 -180,000 riels per month (Approximately US$8 – 50). It is often months late or collected by the commander of the division and never paid to the victim or the family.

APPENDICES

APPENDIX ONE:

Law on the Ban of Anti-Personnel Landmines (Unofficial translation)

Chapter One - General Appendix

Article one: This law aims to ban the production, use, trade, import and export of anti- personnel landmines.

Article two: APM refers to mines which are produced to explode when people are either near or far or even touch them and they then cause one or more people to be injured, disabled or dead. Mines are military materials, which are secretly buried, or kept above the land or somewhere else and explode when people, things vehicles are present there or just touch them. Mines that are mentioned in these law appendixes are considered to be anti-personal mines.

Article three: Civilians, civil servants, Royal Cambodian Armed Forces, Military Forces and National Police are banned from using any anti-personal mines in all circumstances, except for mine training or clearance.

Chapter Two – Authority Controlling Anti-personal Mines

Article four: The Cambodia Mines Action Center, created by Royal No n s /r kt / 0295 /16 which was dated on 25 February1995, is responsible for the control of all kinds of mines

Article five: Further duties of CMAC:

• Cooperate and inspect with other related ministries or institutions, those suspected to have abused the above bans as mentioned in article one of this law.
• Decision to destroy mines, including anti-personnel mines, which are found or are available.
• Decide to destroy other existing sorts of mines. In addition, CMAC has to decide to destroy stockpiles of mines or weapons, which are kept by lawful authorities.
• Cooperate with foreign organizations in order to forbid harmful mine uses.
• Accept reports from other organizations on use, including laying, transfer, trade, import and export of mines and then make reports to the government
• Perform duties such as control, or coordination of mine clearance and destroy all explosives of any non- governmental organizations, which have been operating or will operate on clearing mines in Cambodia.
• Cooperate with all institutions of the Royal Government to carry out treaties and agreements or official documents in performing obligations of Cambodia related to mines, which are harmful.
• Carry out other duties that are given by the government. Ministries or institutions that have to inspect these have to be stated by decrees.

Chapter Three - Punishments

Article six: Anyone who keeps any kind of mines is considered to be intentionally against people and is to be sentenced to jail for one month to one year and fined from one to five million riels or one among these.

Article seven: Anyone who uses anti-personal mines has to be sentenced to jail for one to five years and fined from five to ten million riels or one among them without including penal guilt and other customs restitution.

Article eight: Anyone, who produces, trades, imports, or export any kind of mines is considered to be against people or guilty, and sentenced to jail for five to ten years and fined from ten to twenty million riels or one among the above punishments. In case the person does not cease, he or she has to be sentenced in double. All kinds of mines mentioned in article 6. Article 7 and Article 8 are seized and destroyed as well.

Article nine: If the offender is an agent or an official of CMAC or other non- governmental organizations which has been operating in Cambodia and are similar to CMAC has to be fully sentenced as mentioned in article 6, article 7 and article 8 without any pardon.

Chapter Four - Interval Command

Article ten: Anyone, ministry or institution that has kept mines has to report to the authorities which is obliged to report to CMAC confirming about sorts, number and other detailed information about possession of mines less than ninety days after this law has officially been adopted.

Article eleven: CMAC has to destroy all mines mentioned in article ten a year after this law has already passed and reports to the government.

Chapter Five - Final Command

Article twelve: Any commands against this law are invalid.

Article thirteen: This law has to be urgently declared.

APPENDIX TWO:

Hunters using landmines to kill Cambodian tigers

January 27, 1999

PHNOM PENH (Reuters) - Villagers and soldiers in remote forests in northeastern Cambodia are using home-made landmines to catch and kill tigers, whose body parts are sold on the black market, a government official said on Wednesday. The governor of Ratanakiri province said he was trying to stop the illegal killing of the extremely rare big cats.

"Villagers and soldiers are laying down home-made mines to catch tigers," Kep Youtema told Reuters by telephone from the Ratanakiri. "They can't get them with guns so they put down mines instead," he said. Businessmen who buy the dead animals for their body parts are supplying soldiers and villagers in Vonsai district with gunpowder for the mines, the governor said. Tigers are a protected species in Cambodia and Kep Youtema said he had ordered district officials to stop the killing.

"It's illegal. They have to find out who's doing it and stop it immediately because tigers are very rare," he said. Tiger parts are still used in traditional7 medicines in the region in the belief they have special invigorating powers. Naturalists believe there are between 500 and 1,000 tigers left in the wild in Cambodia.

[end]
South China Morning Post, February 10, 1999, James Compton

Conservation scientist Eric Wikramanayake found that poachers were using explosives and detonators bought from middlemen, who are often the people commissioning them to kill the tigers. Each mine uses about 2kg of explosive and costs less than US$20 to make.

To ensure the mine is effective, the hunters first have to find a trail with fresh tiger tracks before setting up a rudimentary pen.

"They build a fence to enclose a section of the trail, leaving two small entrances into the enclosed area," Mr Wikramanayake said. "A dead Sambar deer is placed as bait within the enclosure and a trip wire attached to a mine is set up at each of the entrances.

"The tiger smells the bait, walks through the opening and sets off the mine."

The threat of damaging the pelt - worth US$100 or more to the poachers - does not worry them. It is the bones that matter. Vietnamese traders across the border sell tiger bone for up to US$350 a kilogram for consumption in Vietnam, China and other international markets.

APPENDIX THREE:

Cambodian Returnees Joint Press Statement

The Royal Government of Cambodia, Royal Thai Government and The United Nation High Commissioner For Refugees Following the Second Consultative Meeting, Phnom Penh, 15 February 1999

Representatives of Cambodia led By H.E Mr. Uch Kiman, Secretary of State for Foreign Affairs and International Cooperation, Representatives of Thailand led by H.E. Mr. Sukhumbhand Paribatra, Deputy Minister of Foreign Affairs, and Ms. Amelia Bonifacio, UNHCR Regional Representative for Thailand and Cambodia met in Phnom Penh, to continue their discussion on the final and complete repatriation of the remaining Cambodian displace persons in Thailand.

The meeting expressed great appreciation to the Royal Thai Government, which provided temporary shelter and humanitarian assistance to all Cambodian displaced persons, and to the Royal Cambodian Government in respecting the right to return to their homeland and assisting their citizens to reintegrate into their communities.

The main points of agreement were as follows:

1. The meeting reaffirmed that voluntary repatriation can only be successfully undertaken and concluded as a concert effort based on the principle of international burden sharing.
2. The meeting stressed the importance of safety and security of the returnees as a key factor in encouraging more displaced persons to decide freely to reintegrate into Cambodia, which a view towards speeding up the process and completing it before the onset of the rainy season.
3. The meeting expressed its conviction that continued provision of humanitarian assistance to the reintegration program is necessary for the completion of the process of repatriation. It looked forward to the generosity of the donor community to contribute towards the self-reliance of all returnees’ communities during the first period of reintegration.
4. The meeting articulated the hope that all the parties involved and the international community would continue to cooperate and to provide support and assistance in a manner that would speed up and complete the voluntary repatriation of the last remaining Cambodian displaced persons in Thailand to Cambodia. In this regard, the meeting realized that the remaining issues for successful completion of the repatriation process should be urgently addressed, e.g. danger of landmines, access to land, education/health/sanitation facilities for returnees, and their socio-economic reintegration.
5. The meeting recognized that landmines are a grave concern given the fact that they affect not only the safe passage of returnees but also their capacity to be self-reliant in their places of return. The meeting urged donor countries and the international community to guarantee timely and sufficient funding for training and implementation of de-mining projects. The meeting also envisaged close cooperation between the Cambodian Mine Action Center (CMAC) and the Thai Mine Action Center (CMAC) in clearing Cambodian-Thai border areas of landmines as soon as possible.
6. The meeting acknowledged that the repatriation should not be the final goal, but contribute to the process of reintegration and sustainable development. In this regard, a comprehensive program of reintegration should be developed with assistance from the international community.

APPENDIX FOUR:

 

Draft Law to Protect People with Disabilities

Law to Protect the Rights of People with Disabilities

Chapter 1 -- General Provisions Chapter 1 -- General ProvisionsChapter 1 -- General Provisions

Article 101. Findings Article 101. FindingsArticle 101. Findings

(1) The Constitution of the Kingdom of Cambodia guarantees that every citizen shall: be equal under the law regardless of status; have the right to vote; have the right to participate actively in the political, economic, social and cultural life of the nation; have the right to choose any employment according to ability and the needs of society; and have the rights to equal pay for equal work, equal opportunity in education, free primary and secondary education, and free medical consultations if the citizen is poor.

(2) The Constitution of the Kingdom of Cambodia requires the State to protect and upgrade citizens’ rights to quality education at all levels; to take the necessary steps for quality education to reach all citizens; and to establish a comprehensive and standardized educational system in the country that ensures that all citizens have an equal opportunity to earn a living.

(3) The Constitution of the Kingdom of Cambodia requires the State to assist people with disabilities.

(4) Approximately 9.8 per cent of the population of the Kingdom of Cambodia have significant physical or mental disabilities that impair their ability to function independently on a daily basis.

(5) Cambodia has one of the highest proportions of people with physically disabilities in the world, and that number is growing. Between 2 and 3 percent of the population -- 200,000 to 300,000 people -- or one out of every 250 Cambodians -- have physical disabilities. Among these are approximately 40,000 to 50,000 landmine survivors, many of them young men in their productive years. Approximately 60,000 persons have paralysis from polio, 100,000 persons are blind, and 120,000 persons are deaf.

(6) There are approximately 204,000 to 357,000 mentally retarded children (or 20-35 per thousand below age 18); 20,400 to 40,800 people with severe mental disorders (2 to 4 per thousand); 154,000 to 408,000 people with epilepsy (15 to 40 per thousand); and 306,000 to 1,530,000 with significant personality disorders (3 to 15 percent of population).

(7) Many disabilities can be prevented through education, public awareness, early detection and improved health care.

(8) There are substantial physical, legal, social, and other barriers in the Government and private sectors that prevent citizens with disabilities from enjoying their rights, from leading independent lives, and from fully participating in the society.

(90) If these large numbers of people with disabilities are prevented from leading productive lives, they will become an increasing burden on the limited resources of the society. Also, the nation will be deprived of the significant contributions that people with disabilities can make in rebuilding and developing the nation.

(10) There are major Government programs aimed at rebuilding and developing the country. The nation has limited resources to fund these programs, and limited funds for programs to assist people with disabilities. It is far more economical and efficient to combine these efforts by ensuring that rebuilding and development programs address the needs of people with disabilities to the maximum extent possible.

(11) It is necessary to adopt laws regarding the rights of people with disabilities to remove the legal and other barriers which deny citizens with disabilities their right to enjoy the equal protection of the law, and that prevent them from fully contributing to rebuilding and developing the nation.

Article 102. Policy Article 102. PolicyArticle 102. Policy

It is declared that --

(1) Persons with disabilities have the right to exercise their full rights of citizenship guaranteed by the Constitution, particularly in the critical areas of employment, education, health services, voting, and access to private and public services.

(2) Persons with disabilities have the right to full economic, social, and cultural integration into society.

(3) Persons with disabilities have the right to legal protections and remedial actions to remove social, cultural, economic, environmental and attitudinal barriers that prevent them from enjoying their rights guaranteed by the Constitution.

(4) Persons with disabilities and their families have the right to participate in designing, planning, and implementing programs that affect them.

(5) The needs of persons with disabilities shall be incorporated in all rebuilding and development efforts to the maximum extent possible.

Article 103. Definitions Article 103. DefinitionsArticle 103. Definitions

As used in this law --

(1) "disability" means (a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual, (b) a record of such an impairment; or (c) being regarded as having such an impairment.

(2) "Government" means all ministries and agencies of the Royal Government at national and local levels.

(3) "Disability Rights Office " means the Disability Rights Office established by the Ministry of Social Affairs, Labor and Veterans Affairs under chapter 10 of this law.

(4) "Disability Action Council" means the coordinating body organized under the auspices of the Ministry of Social Affairs, Labor and Veterans Affairs, as provided in chapter 10.

(5) "shall" and "shall not" refer to mandatory actions. Persons and entities are required to take the action, or to refrain from taking the action, as the case may be.

(6) "may" refers to actions or rights that are permissible. Persons and entities have the right to take the action, and also have the right to decide not to take the action.

Chapter 2 – Employment Chapter 2 -- EmploymentChapter 2 -- Employment

Article 201. Definitions Article 201. DefinitionsArticle 201. Definitions

As used in this chapter:

(1) "qualified person with a disability" means a person with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such person holds or desires. Consideration shall be given to the employer’s judgment as to what functions of a job are essential. If an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

(2) "reasonable accommodation" includes such things as:

(a) making existing facilities used by employees readily accessible to and usable by people with disabilities;

(b) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, and other similar accommodations for people with disabilities; and

(c) providing other similar services and accommodations.

(3) "undue hardship" means an action that can be carried out only with significant difficulty or expense. In determining whether an action would cause an undue hardship, the following factors shall be considered:

(a) the nature and cost of the action;

(b) the overall financial resources of the facility or facilities involved in providing reasonable accommodation; the number of persons employed at the facility; the effect on expenses and resources; or the impact otherwise of the accommodation on the operation of the facility;

(c) the overall financial resources of the employer; the overall size of the business of the employer with respect to the number of its employees; the number, type and location of its facilities; and

(d) the type of operation or operations of the employer; including the composition, structure and functions of the work force of the entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.

(4) "Employer" means a private employer or a Government employer.

(5) "Private employer" means any private individual or establishment, or the agent of any private individual or establishment, defined as an employer in the Labor Code, who employs 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year. .

(6) "Government employer," means the Government as an employer of employees in the civil service.

Article 202. Discrimination in Employment Prohibited Article 202. Discrimination in Employment ProhibitedArticle 202. Discrimination in Employment Prohibited

No employer shall discriminate against a qualified person with a disability because of the disability of the individual. This prohibition applies to job application procedures; hiring, promotion, or termination; compensation, training, and other terms, conditions, and privileges of employment, including employment as an apprentice or learner.

Article 203. Reasonable Accommodations Article 203. Reasonable AccommodationsArticle 203. Reasonable Accommodations

An employer shall make reasonable accommodation to the known disability of an otherwise qualified person with a disability who is an applicant or employee, unless the employer demonstrates that making the accommodation would impose an undue hardship on the employer.

Article 204. Medical Examinations and Medical Inquiries Article 204. Medical Examinations and Medical InquiriesArticle 204. Medical Examinations and Medical Inquiries

(1) It shall be considered discrimination under this chapter for an employer to require medical examinations or make medical inquiries of people with disabilities except as provided in this article.

(2) An employer shall not use medical examinations and medical inquiries to determine if a job applicant has a disability or the nature and severity of the disability.

(3) An employer may make inquiries about whether a job applicant has the abilities to perform job-related functions.

(4) An employer may require a person with a disability to undergo a medical examination after an offer of employment is made, and may condition an offer of employment on the results of the examination only if all other entering employees are subjected to the same examination regardless of disability.

(5) An employer shall not require an employee to undergo a medical examination or to respond to inquires about whether the employee has a disability unless the examination or inquiry is job-related and consistent with business necessity.

Article 205. Vocational Training Article 205. Vocational TrainingArticle 205. Vocational Training

(1) No vocational training program provider, whether the provider is the Government or any other public or private entity, shall discriminate against qualified persons with disabilities in regard to application procedures; selection or termination; and other terms, conditions, and privileges of training.

(2) For the purposes of participating in vocational training, a qualified person with a disability is a person who, except for disability, meets the qualifications of other trainees; and who, with or without reasonable accommodation, can perform the essential functions of the training program. Consideration shall be given to the judgment of the training program provider as to what functions of the training program are essential. If a training program has prepared a written description before advertising or interviewing applicants for the program, this description shall be considered evidence of the essential functions of the program.

(3) A vocational training program shall make reasonable accommodation to the known disability of a person with a disability who is an applicant or trainee, unless the provider demonstrates that making the accommodation would impose an undue hardship on the training program.

(4) In determining whether making an accommodation would impose an undue hardship, or could be carried out only with significant difficulty or expense, the following factors shall be considered:

(a) the nature and cost of the action; and

(b) the overall financial resources of the facility or facilities involved in providing reasonable accommodation; the number of trainees at the facility; the effect on expenses and resources; or the impact otherwise of the accommodation on the operation of the facility.

(5) It shall be considered discrimination under this chapter for vocational training provider to require medical examinations or make medical inquiries of people with disabilities except as provided in article 205 of this chapter.

Article 206. Government Assistance to Vocational Training Article 206. Government Assistance to Vocational TrainingArticle 206. Government Assistance to Vocational Training

(1) The Government, either directly or in cooperation with non-governmental organizations and other organizations, shall aim to provide appropriate vocational training to develop the skills and potential of persons with disabilities so that they can be competitive in the labor market

(2) The Disability Rights Office shall provide research, design and development for appropriate training programs to meet the needs of people with disabilities and the labor market.

Article 207. Enforcement of Chapter Article 207. Enforcement of ChapterArticle 207. Enforcement of Chapter

(1) A person who believes that a private employer or a provider of vocational training has discriminated against the person in violation of this chapter may file a complaint with the Disability Rights Office. The Disability Rights Office shall have the authority to mediate the complaint as provided in chapter 10. Until the Disability Rights Office establishes mediation procedures, the person may file a complaint directly with a court of competent jurisdiction.

(2) A person who believes that a Government employer has discriminated against the person in violation of this chapter may file a complaint under the procedures for complaints by civil service employees.

Article 208. Regulations Article 208. RegulationsArticle 208. Regulations

(1) The Disability Rights Office shall adopt and publish regulations to implement this chapter in the case of private employers.

(2) The Secretariat of State for Civil Service shall adopt and publish regulations to implement this chapter in the case of civil service employees.

Chapter 3 – Education Chapter 3 -- EducationChapter 3 -- Education

Article 301. Definitions Article 301. DefinitionsArticle 301. Definitions

As used in this chapter --

(1) "educational institution" means any public or private institution that is authorized by the Government to offer a program of instruction to students of any age. The term shall include any pre-school, primary, elementary, high school, institution of higher learning, or adult education program.

(2) "qualified student with a disability" means a current or prospective student of any age who, with or without reasonable accommodation, can perform the program of study offered by an educational institution.

(3) "reasonable accommodation" includes such things as:

(a) making existing facilities used by students readily accessible to and usable by people with disabilities;

(b) adjusting room assignments, appropriate adjustment or modifications of examinations, physical education requirements, allowing parents or other responsible persons to provide appropriate assistance so that students with disabilities can participate in class, or other similar accommodations for people with disabilities; and

(c) providing other similar services, devices and accommodations that become available to the educational institution.

Article 302. Discrimination in Education Prohibited Article 302. Discrimination in Education ProhibitedArticle 302. Discrimination in Education Prohibited

(1) No qualified student with a disability shall be denied access to any educational institution on the basis of the student’s disability.

(2) An educational institution shall make reasonable accommodation to the known disability of an otherwise qualified student with a disability, unless the educational institution demonstrates that making the accommodation would impose an undue hardship on the institution.

(3) In determining whether making an accommodation would impose an undue hardship, or could be carried out only with significant difficulty or expense, the following factors shall be considered:

(a) the nature and cost of the action; and

(b) the overall financial resources of the facility or facilities involved in providing reasonable accommodation; the number of students at the facility; the effect on expenses and resources; or the impact otherwise of the accommodation on the operation of the facility.

(4) Educational programs for students with disabilities shall be integrated into the regular educational program to the maximum extent possible.

Article 303. Training of Teachers and Educational Employees Article 303. Training of Teachers and Educational EmployeesArticle 303. Training of Teachers and Educational Employees

(1) The Ministry of Education, either directly or in cooperation with non-governmental organizations and other entities, shall include appropriate materials related to the education of people with disabilities as part of the mandatory curriculum for public school teachers.

(2) The Ministry of Education, either directly or in cooperation with non-governmental organizations and other organizations, shall include, where appropriate, materials related to the education of people with disabilities in all in-service training programs, seminars, workshops, and other similar training programs for teachers or other educational employees.

(3) Programs and materials for training teachers and educational employees related to the education of people with disabilities shall be developed in coordination with Disability
Rights Office, the Disability Action Council, organizations representing people with disabilities, and specialists in the field of education of people with disabilities.

(4) Programs and materials shall address special needs education, disability awareness, prevention of disabilities, encouragement of positive attitudes about people with disabilities, and encouragement of parents to participate in the education of their children with disabilities.

Article 304. Textbooks and Teaching Materials Article 304. Textbooks and Teaching MaterialsArticle 304. Textbooks and Teaching Materials

The Ministry of Education, in coordination with the Disability Rights Office and educational specialists, shall ensure that textbooks and teaching materials used in public educational institutions: (1) contain appropriate materials to educate students about issues affecting people with disabilities; (2) methods for the prevention of disabilities; and (3) portray people with disabilities with dignity and as productive members of society.

Article 305. Recruitment of Teachers and Employees Article 305. Recruitment of Teachers and EmployeesArticle 305. Recruitment of Teachers and Employees

It shall be the policy of the Government to actively recruit and hire qualified people with disabilities as teachers and employees of educational institutions, and to integrate teachers and employees with disabilities into the regular programs of the institutions.

Article 306. Special Requirements for Institutions of Higher Education Article 306. Special Requirements for Institutions of Higher EducationArticle 306. Special Requirements for Institutions of Higher Education

(1) All Government institutions of higher education shall actively recruit qualified students with disabilities for enrollment in the programs of the institution.

(2) The institution, as appropriate, shall develop and implement alternative testing methods which take into account the nature of the student’s disability for entrance requirements as well as the awarding of credentials.

(3) Whenever scholarship funds are available to an institution of higher education, those funds shall also be made available to provide special services, such as tutoring and access courses, to enable qualified students with disabilities to participate in the programs of the institution.

Article 307. Examinations and Courses Article 307. Examinations and CoursesArticle 307. Examinations and Courses

Any entity that offers examinations and courses related to applications, licenses, certification or credentials for secondary or post secondary education, professional or trade purposes, shall offer the examinations and courses in a place and manner accessible to persons with disabilities or offer alternative arrangements for persons with disabilities.

Article 308. Regulations Article 308. RegulationsArticle 308. Regulations

The Ministry of Education, in consultation with the Disability Rights Office, shall adopt and publish regulations to implement this chapter.

Chapter 4. Health and Prevention Chapter 4. Health and PreventionChapter 4. Health and Prevention

Article 401. National Health Program Article 401. National Health ProgramArticle 401. National Health Program

The Ministry of Health, in coordination with the Ministry of Social Affairs, Labor and Veterans Affairs and persons with disabilities shall institute a national health program, which shall aim to achieve the following:

(a) prevention of disabilities, whether occurring prenatally or postnatally;

(b) early detection and early diagnosis of disability; and

(c) early rehabilitation of persons with disabilities.

Article 402. National Health Services Article 402. National Health ServicesArticle 402. National Health Services

The Government shall aim to provide an integrated health service for persons with disabilities, which shall include, but not be limited to, the following:

(a) prevention of disability through immunization, nutrition, environmental protection and preservation, genetic counseling, early detection of disability, timely intervention to arrest a disabling condition; and

(b) medical treatment and rehabilitation.

Article 403. Auxiliary Social Services Article 403. Auxiliary Social ServicesArticle 403. Auxiliary Social Services

The Ministry of Social Affairs, Labor and Veterans Affairs shall develop and implement, to the maximum extent possible, programs to provide necessary auxiliary services that will enable people with disabilities to function socially and participate in community affairs.

Chapter 5. Voting Chapter 5. VotingChapter 5. Voting

Article 501. Discrimination in Voting Prohibited Article 501. Discrimination in Voting ProhibitedArticle 501. Discrimination in Voting Prohibited

No citizen shall be denied the right to register or to vote in any Government election on the basis of the person’s disability.

Article 502. System of Voting Article 502. System of VotingArticle 502. System of Voting

(a) A person with a disability, who because of his or disability, needs the assistance of another person to vote, shall be allowed to be assisted by a person of his choice in voting in any Government election.

(b) The person chosen by the voter with a disability shall prepare the ballot for the voter inside the voting booth.

(c) The person assisting the voter with a disability shall agree in writing, under oath, to fill out the ballot strictly in accordance with the instructions of the voter, and to not reveal the contents of the ballot prepared for the person with a disability. Violation of this provision shall constitute an election offense.

(d) Polling places shall be made accessible to persons with disabilities during any Government election.

Article 503. Implementation Article 503. ImplementationArticle 503. Implementation

(a) Any voter education program operated by the Government, either directly or in cooperation with non-governmental organizations and other organizations, shall include specific training about the rights of people with disabilities to vote, and about the system of assisted voting required by this chapter.

(b) Any training program for election workers operated by the Government, either directly or in cooperation with non-governmental organizations and other organizations, shall include specific training about the rights of people with disabilities to vote and the specific procedures to be followed in the system of assisted voting required by this chapter.

(c) The Ministry of Interior shall prepare and make available to each polling place, pre-printed forms of the written agreement to be executed by a person chosen to assist a voter with a disability.

(d) No person with a disability shall be denied the right to vote with assistance because a special pre-printed form is not available. If a special pre-printed form is not available, the agreement may be hand-written at the polling place.

Chapter 6. Public Access Chapter 6. Public AccessChapter 6. Public Access

Article 601. Policy Article 601. PolicyArticle 601. Policy

In order for people with disabilities to participate fully in society, the physical environment shall be designed to be accessible to all people.

Article 602. New Construction and Alteration of Public Places Article 602. New Construction and Alteration of Public PlacesArticle 602. New Construction and Alteration of Public Places

(1) As used in this article, "public places" means buildings, facilities and areas, owned by the Government or private entities, which are open to the general public; and which either provide basic essential services for members of the public, or provide major recreational, cultural, sports or entertainment for the general public. Public places includes such facilities as Government offices and buildings; educational institutions; transportation systems; airports; hotels; hospitals and health centers; recreational, entertainment, and sports facilities; museums; and other public areas.

(2) Newly constructed public places shall be constructed so they are accessible to people with disabilities, including people with disabilities who use wheelchairs, unless the owner can demonstrate that it is structurally impracticable to meet this requirement. This requirement shall apply to public places designed and constructed more than 30 months after the effective date of regulations on accessibility standards.

(3) If a public place is altered in a manner that affects or could affect the accessibility of the place, the alterations shall be done in a way to make the place accessible, to the maximum extent possible, to people with disabilities, including people with disabilities who use wheelchairs.

(4) Nothing in this article shall require the installation of lifts.

Article 603. Licenses to Operate Motor Vehicles Article 603. Licenses to Operate Motor VehiclesArticle 603. Licenses to Operate Motor Vehicles

A person with a disability shall not be denied a license to operate a motor vehicle solely because the person has a disability. Except that, a license may be conditioned on adaptations to the motor vehicle and other reasonable restrictions necessary for public safety.

Article 604. Regulations Article 604. RegulationsArticle 604. Regulations

The Ministry of Social Affairs, Labor and Veterans Affairs, the Ministry of Public Works and the Ministry of Transportation, in consultation with Disabilities Action Council, shall adopt regulations to achieve the standards of accessibility established in this chapter.

Chapter 7. Investor Incentive Programs Chapter 7. Investor Incentive ProgramsChapter 7. Investor Incentive Programs

Article 701. Establishment of Investor Incentive Programs Article 701. Establishment of Investor Incentive ProgramsArticle 701. Establishment of Investor Incentive Programs

(a) The Government shall establish a program to provide tax and other incentives to businesses who agree to provide programs for training, employment, education and other services for people with disabilities.

(b) An investment incentive agreement, whether made before or after the effective date of this law, shall not replace or diminish any duties or obligations imposed by this law, but shall be in addition to the requirements of this law.

(c) Any incentive program shall provide monetary penalties and revocation of the incentive for breach of an investor incentive agreement.

(d) The criteria for investor incentive programs shall be made public.

Article 702. Compliance Article 702. ComplianceArticle 702. Compliance

(a) The Government agency granting an investment incentive shall be responsible for monitoring compliance with the programs.

(b) Any affected person may file a complaint with the Disability Rights Office if the person has reason to believe that the business is not in compliance with the incentive agreement, whether or not the agreement was made before or after the effective date of this law.

(c) The Disability Rights Office shall promptly investigate any complaint and shall promptly report its findings, in writing, to the Government agency granting the incentive.

(d) The Government agency that granted the incentive shall cooperate and assist the Disability Rights Office in an investigation under this article.

Article 703. Revocation of Incentives Article 703. Revocation of IncentivesArticle 703. Revocation of Incentives

When the Government agency granting an incentive has reason to believe (based on its own investigation, or the investigation of the Disability Rights Office that a business is not in compliance with its incentive agreement, the Government agency shall promptly enforce compliance with the agreement, impose penalties for non-compliance, and, in appropriate situations, revoke the incentive.

Chapter 8. National Data Bank on Persons with Disabilities Chapter 8. National Data Bank on Persons with DisabilitiesChapter 8. National Data Bank on Persons with Disabilities

Article 801. Establishment of Data Bank Article 801. Establishment of Data BankArticle 801. Establishment of Data Bank

(1) The Ministry of Social Affairs, Labor and Veterans Affairs, in conjunction with the Ministry of Planning, shall establish a National Data Bank on Persons with Disabilities for the collection and analysis of demographic and socio-economic data on the population of people with disabilities.

(2) The Data Bank shall include general demographic and socio-economic data, and the following types of data: births, deaths, the nature and types of disabilities among the population, the geographic locations of persons with disabilities, the nature and type of Government and other services available to persons with disabilities, the level and incidence of participation by persons with disabilities in Government and other programs, services, and activities provided throughout the country.

Article 802. Data Collection Article 802. Data CollectionArticle 802. Data Collection

(1) A Government ministry or entity that collects demographic, socio-economic, or other data as described in article 801, on any population group in the nation, shall collect data with respect to people with disabilities who are part of that group, and shall provide the data to the National Data Bank.

(2) This requirement applies whether the Government ministry or entity collects the data as a regular part of a data collection program, or collects the data on a one-time or occasional basis.

(3) This requirement applies whether the Government is collecting the data directly, or is participating in any way in the collection efforts of other entities.

(4) This requirement applies to censuses, surveys, rapid rural appraisals and other similar data collection processes.

(5) The purposes of this requirement are to facilitate the development of essential information about people with disabilities, and to ensure that factors related to persons with disabilities are integrated to the maximum extent possible into the planning and development of programs and activities for which the data is collected. This article shall not require any entity to change the nature or purpose of its study or the scope of its programs and activities.

(6) The Ministry of Social Affairs, Labor and Veterans Affairs, in coordination with the Ministry of Planning, and other affected ministries and entities, shall establish appropriate classifications of disabilities and people with disabilities for use in data collection.

(7) The Ministry of Social Affairs, Labor and Veterans Affairs shall assist an affected ministry in relating their data collection efforts in appropriate ways to include the population of persons with disabilities.

Chapter 9. Responsibilities of all Government Ministries and Entities Chapter 9. Responsibilities of all Government Ministries and EntitiesChapter 9. Responsibilities of all Government Ministries and Entities

Article 901. Integration into Government Programs and Services Article 901. Integration into Government Programs and ServicesArticle 901. Integration into Government Programs and Services

All Government ministries and entities shall actively recruit and take other appropriate actions to ensure that people with disabilities are integrated, to the maximum extent possible, in all programs and services operated or provided by the ministry or entity directly, or in cooperation with other persons or entities.

Article 902. Awareness Programs Article 902. Awareness ProgramsArticle 902. Awareness Programs

All Government ministries and entities shall initiate and support information campaigns and other efforts to educate their employees and the general public about issues affecting people with disabilities.

Article 903. Employee Training Programs Article 903. Employee Training ProgramsArticle 903. Employee Training Programs

All Government ministries and entities that provide employee training programs, either directly or in cooperation with other persons or entities, shall include issues related to persons with disabilities, if appropriate to the subject and purpose of the training.

Chapter 10. Monitoring, Enforcement and Regulations Chapter 10. Monitoring, Enforcement and RegulationsChapter 10. Monitoring, Enforcement and Regulations

Article 1001. Disability Rights Office Established Article 1001. Disability Rights Office EstablishedArticle 1001. Disability Rights Office Established

(1) The Ministry of Social Affairs, Labor and Veterans Affairs shall establish a Disability Rights Office, headed by an Under secretary of State, comprised of employees within the Ministry who are responsible for the affairs of people with disabilities.

(2) The Disability Rights Office shall carry out the responsibilities provided by this law and other responsibilities assigned by the Ministry as required to implement this law.

(3) The Disability Rights Office shall carry out its responsibilities in close consultation with the community of persons with disabilities through the Disability Action Council and other groups representing people with disabilities and other persons with expertise in affairs and issues related to people with disabilities.

(4) The Disability Rights Office shall carry out its responsibilities in close consultation with other relevant ministries, and may establish one or more inter-ministerial working groups for this purpose.

(5) If requested, the Disability Rights Office shall provide technical advice and assistance to other Government ministries in carrying out their responsibilities under this law.

Article 1002. Disability Action Council Article 1002. Disability Action CouncilArticle 1002. Disability Action Council

(1) The Ministry of Social Affairs, Labor and Veterans Affairs may establish a Disability Action Council comprised of representatives of non-governmental organizations, international organizations and relevant Government ministries who are responsible for matters affecting persons with disabilities

(2) The Disability Action Council shall be an advisory body and shall not be a Government agency. The Disability Action Council may provide technical and policy advice and assistance to the Disability Rights Office on all matters within the competency of its members.

(3) The Disability Action Council, if requested, shall provide technical advice and assistance to other Government ministries and entities in carrying out their responsibilities under this law.

Article 1003. Mediation Article 1003. MediationArticle 1003. Mediation

(1) The Disability Rights Office shall establish a separate Mediation Unit within the Office to receive and mediate complaints by individual persons with disabilities who allege that they have been discriminated against in private employment and other matters, as provided in this law.

(2) The Mediation Unit shall assign a mediator to mediate a complaint. The mediator may be an employee of the Unit or another person qualified to act as a mediator.

(3) The mediator shall attempt to help the parties resolve their dispute in a manner that is satisfactory to both parties. The mediator shall not have the authority to compel either party to resolve the dispute.

(4) If the complaint cannot be resolved to the satisfaction of the parties to the dispute, the mediator shall terminate the mediation and the complaining party may file a complaint with the Investigation Unit.

(5) If a mediator terminates mediation, the mediator shall immediately file a termination report with the Mediation Unit. The report shall certify that the named parties attempted to mediate a dispute and that mediation was not successful. The termination report shall not contain any information about the matters discussed in the mediation or the views and opinions of the mediator or any other person.

(6) The Mediation Unit shall forward the mediator’s termination report to the Investigation Unit.

(5) The matters discussed in the mediation of a dispute shall be confidential, shall not be made available to the Investigation Unit, and shall not be used for any purpose other than mediation within the Mediation Unit.

(2) The Disability Rights Office shall adopt and publish regulations to implement the mediation requirements of this article. .

Article 1004. Hearings and Investigations Article 1004. Hearings and InvestigationsArticle 1004. Hearings and Investigations

(1) The Disability Rights Office shall establish a separate Investigation Unit within the Office to carry out hearings and investigations under this law.

(2) The Investigation Unit shall hear and decide complaints by persons with disabilities who allege that they have been discriminated against in private employment and other matters, as provided in this law. The Investigation Unit shall not receive or decide a complaint until the mediator has filed a termination report.

(3) The Investigation Unit shall appoint hearing officers to hear and decide complaints on the basis of the record of the proceedings. A hearing officer shall issue a written decision on the complaint, giving reasons for the decision. The hearing officer may order appropriate remedies under this law.

(4) The Investigation Unit may, but is not required to, establish a review panel to review decisions of the hearing officers.

(6) Either party to a complaint may file a request to have the review panel review the decision of the hearing officer. A request for review shall be filed within 30 days after the hearing officer issues a decision on the complaint.

(7) Within 60 days after a request for review is filed, the review panel shall issue a written decision upholding or modifying the decision of the hearing officer. The decision of the review panel shall be the final decision on the complaint.

(8) If no review panel has been established, or if the review panel has not issued a decision within required time period, the decision of the hearing officer shall be the final decision on the complaint.

(9) Either party may appeal a final decision to a court of competent jurisdiction.

(10) The Investigation Unit shall investigate complaints concerning non-compliance with investor incentive programs as provided in chapter 7. The Investigation Unit may make recommendations to the agency granting the incentive, but shall not have authority to order compliance.

(11) The Investigation Unit shall investigate other matters related to practices that discriminate against people with disabilities, and refer these matters to the appropriate authorities.

(12) The Investigation Unit shall adopt and publish rules and procedures for the conduct of hearings and investigations.

Article 1005. Remedies Article 1005. RemediesArticle 1005. Remedies

(1) If the hearing officer, review panel or court finds that a person or entity has discriminated against a person with disabilities in violation of this law, the hearing officer, review panel or court shall grant appropriate remedies to correct the discrimination, which may include the following:

(a) Ordering the offender to take actions required by this law or to cease practices that violate this law.

(b) Ordering an employer to hire, reinstate, promote or take other appropriate action with respect to the person who filed the complaint.

(c) Ordering an employer to pay back pay or other benefits denied to the person because of the unlawful discrimination by the employer.

(2) Any interested party may request a court of competent jurisdiction to enforce compliance with an order of the hearing officer, review panel or court.

Article 1006. Hiring Quotas Article 1005. Hiring QuotasArticle 1005. Hiring Quotas

If, after an investigation, the Investigation Unit finds that one or more private employers have consistently practiced employment discrimination that has prevented qualified persons with disabilities from obtaining or holding employment, the Ministry of Social Affairs, Labor and Veterans Affairs may impose hiring quotas as a remedy to correct the discriminatory practices.

(1) Hiring quotas may be imposed only if the investigation reveals that there are persons with disabilities who are qualified to perform the essential functions of employment positions with the employers, and are ready, willing and able to accept the positions.

(2) Hiring quotas shall be reasonable and shall be based on the actual number of qualified persons with disabilities who are ready, willing, and able to accept the positions.

(3) Employers shall not be required to terminate any other employee, but may require the employer to hire qualified persons with disabilities to fill a percentage of present or future vacancies until the employer meets the hiring quota.

(4) Employers may participate in an investigation under this article, either in person or through a representative.

(5) Employers may appeal hiring quotas to a court of competent jurisdiction.

Article 1007. Programs for Veterans with Disabilities Article 1007. Programs for Veterans with DisabilitiesArticle 1007. Programs for Veterans with Disabilities

(1) The Ministry of Social Affairs, Labor and Veterans Affairs may establish one or more pilot programs to promote business development opportunities for veterans with disabilities.

(2) Subject to the availability of funds, the Ministry may authorize veterans with disabilities to take lump sum pension advances for business training and development.

(3) Pilot programs shall be established in conjunction with established business training and development programs, where the Ministry determines that the programs offer sufficient training, follow-up and other protections to minimize the risks of loss for the veteran participants.

Article 1008. Regulations Article 1008. RegulationsArticle 1008. Regulations

Except as otherwise provided in this law, the Ministry of Social Affairs, Labor and Veterans Affairs shall adopt and publish regulations necessary for the implementation of this law.

APPENDIX FIVE:

From NGO statement 1999 consultative group meeting

LANDMINES

As NGOs who work closely with people in areas affected by landmines, we are deeply concerned by the poverty, displacement and suffering caused. We call on the donor community to maintain its support for the vital components of mine action programmes: de-mining, mine awareness, victim assistance, and mine incident data gathering. International agencies, government ministries and NGOs need to collaborate in directing services to rural communities affected by mines, so that these areas may have water, roads, schools, health centers and income generating possibilities.

We are happy to note that the RGC was among the nations who signed the Mines Ban Treaty in Ottawa in December 1997and that the Prime Minister, Samdech Hun Sen, gave his pledge at a recent Cambodian Mine Action Centre-organized conference that legislation for ratification of the treaty will be passed to the National Assembly for approval as soon as possible after the formation of the new government. As a demonstration of their commitment to the de-mining process, the government needs to ratify the treaty and to begin destroying stockpiles of mines without delay.

Since the signing of the Mine Ban Treaty in December 1997, an additional 1,600 or more people in Cambodia have fallen victim to landmines and unexploded ordnance. The ratification of the Mine Ban Treaty will mark not the end, but a new beginning in the battle against the scourge of landmines, and donor assistance will be needed for some period of time to come.

While continuing funding for de-mining activities, donor agencies need also to continue and strengthen monitoring of the de-mining process so as to ensure that key objectives are met. The de-mining process does not end with the removal of mines from the ground, but only when the land is returned to the displaced and landless. The government needs to ensure that displaced people can return to their house and farmland and be given secure title. In this way, those who were formerly landless and vulnerable may again be able to care for themselves and contribute to the economy of Cambodia.

During the course of 1998, non-government organizations working in heavily mined provinces became aware that, in some cases, land which had been demined had not been returned to those people for whom it had been intended-that is, refugees, internally displaced people (IDPs) and the landless poor.

Several key problems were identified:

• Conflicting land claims by various individuals ranging form former villagers, current occupants (including some who use the land for survival and others who are speculators), civilian authorities and military personnel of all ranks, and military families.
• Confusion as to who has the authority to allocate land. For example, in one case, a piece of land was sold to an investor by higher authorities without the knowledge or acquiescence of local authorities who had allocated the same land to a development project.
• Lack of process or procedure to verify which beneficiaries will utilize land after de-mining, whether for resettlement or agricultural purposes.
• The Land Law is not clear, especially in relation to issuing land title for de-mining land. Formal land title often does not exist. The usual method of claiming land through occupancy is not possible if the land has been unoccupied due to the presence of mines. Even when land title does exist, people sometimes lose their land to powerful people. There is no consistency in the process of registration, recognition and respect for ownership of land. As a result, some people are living in mine fields in order to protect their land claim.
• Some authorities identify mined land as locations for resettlement, even while unoccupied land without mines exists.

It is difficult to estimate the total proportion of de-mined land under dispute. The Cambodia Mine Action Centre (CMAC) Socio-economic Unit report of 1998, stated "The proportion of land under dispute is quite limited. In the areas assessed, it amounted to only 4%." This information was drawn from an assessment of 20% of the total surface area cleared by CMAC to date, in land that is easily accessible. NGOs working in heavily mined provinces claim the proportion of disputed land to be much higher. NGOs agree with CMAC’s assessment, given in the same report, that without proper co-ordination and co-operation there is much potential for land disputes, especially in areas previously administered by the army and from which the civilian population had been displaced.

It is critical that the process of land use planning be improved. Land allocation and ownership issues need to be resolved before mine clearance begins. This step needs to be supplemented with adequate monitoring of land use after de-mining, ensuring that the actual target beneficiaries receive the land. There is also a need for greater communication and co-operation between de-mining, advocacy and development agencies over the issue of de- mined land.

The problem of de-mined land allocation is part of the larger land ownership problem existing in Cambodia today. Effective land laws are urgently needed.

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