Representatives from the government and NGOs met Wednesday to offer suggestions for the long-delayed domestic violence draft law, which will be presented to the National Assembly by December, Minister of Women’s Affairs Mu Sochua said.
Most participants said the draft, the third since 1997, still needs work. There is currently no law that deals specifically with domestic violence. Many participants were wary of Article 10, which states that a member of the National Police may enter a house, without a warrant, if he believes a person has committed an act of domestic violence or someone on the premises has violated a protection order. The article, some said, gives too much power to the police. Nop Sophon, deputy director of the Municipal Court, questioned why the police could make an arrest without a warrant.
But Kun Thyda, a member of the Cambodian Human Rights Committee says there are many cases of women being fatally abused because outsiders are too afraid to intervene. “Police should have the right to make an interim order. Neighbors can’t stop them or go into the house,” she said.
Phuong Sophy, a senior official with the Interior Ministry Police, said the draft law lets police protect victims of domestic abuse. “I need the right to intervene when I hear a victim shouting for help,” he said.
Another point of contention in the draft law is whether to allow third-parties to press charges for a victim. “What happens if an outsider asks the judge to give a separation order but the couple was just having a little argument?” Nop Sophon asked. “We need a comprehensive new law with a broader spectrum of remedies.”
Nop Sophon suggested that commune chiefs be allowed to arrest members of their communities charged with domestic abuse and detained them for one or two nights before deciding whether to send them to court.
Kim Sethavy, adviser to Deputy Prime Minister Sar Kheng, was skeptical. “What happens if the offender doesn’t listen to the commune chief or the commune chief has a weak administration?”
