Legal framework on freedom of religion and actual application
Cambodia is a constitutional monarchy located in the heart of the Indochinese Peninsula. Its Constitution, adopted on 21st September 1993, guarantees the right to religious freedom. Under Article 43, “Khmer [Cambodian] citizens of either sex shall have the right to freedom of belief. Freedom of religious belief and worship shall be guaranteed by the state on the condition that such freedom does not affect other religious beliefs or violate public order and security.”
Cambodia is predominantly Buddhist. Most people practise Theravada Buddhism, a religion that occupies a central and dominant place in the life of the nation. This is recognised in the Constitution. Article 43 stipulates that “Buddhism shall be the religion of the State.” The basic charter of the Kingdom further specifies that the state supports the teaching of Buddhism (Article 68). However, it also prohibits discrimination based on religious affiliation. Article 31 of the Constitution lays down the principle of equality: “Every Khmer citizen shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, colour, sex, language, religious belief, political tendency, birth, origin, social status, wealth or other status.”
Religious groups are not formally permitted to openly criticise other religious groups, but this policy is not enforced. Religious groups are also not allowed to engage in political activities of any sort.
Religious groups must register with the Ministry of Cults and Religions (MCR), and submit information about the goals of their organisation. They must submit an annual report on their activities, but there are no penalties for failure to register, except that they cannot apply for tax exemptions from the Ministry of Economy and Finance. Places of worship and religious schools must be registered separately, but this too is not actively enforced.
Non-Buddhist religious instruction is prohibited in public schools but is allowed in private institutions. Non-Buddhist students in public schools may opt out of Buddhist religious instruction since it is not part of the core curriculum.
Non-Buddhist groups cannot proselytise in public, but non-Buddhist religious literature can be distributed within their respective religious institutions.
Based on these constitutional and legislative provisions, Cambodians generally enjoy a significant degree of religious freedom. This contrasts with the state of other fundamental freedoms and rights, which have been limited by the country’s Prime Minister, Hun Sen, whose authoritarian regime recently passed harsh legislation such as the Sub-Decree on the Establishment of the National Internet Gateway, in February 2022, which allows the government to interfere with and disconnect all internet-related activity. In March 2022, the government passed the Law on Measures to Prevent the Spread of COVID-19 and other Serious, Dangerous and Contagious Diseases, which imposes prison sentences of up to 20 years for violators. This will further discriminate against marginalised groups, who, suffering from a lack of food and medical care, were already prevented from receiving aid from the UN and other agencies by the authorities during the COVID-19 lockdowns.
Buddhism as practised in Cambodia sometimes contains elements of folk religion and rituals that involve supernatural forces. For those found guilty of practising black magic or witchcraft, the government has a zero tolerance policy, and metes out harsh punishments in the form of harassment, beatings, eviction, and even killings.
Cambodia is party to the International Covenant on Civil and Political Rights (ICCPR).
Incidents and developments
The strengthening of Cambodian–Chinese ties is a cause of concern, especially since January 2022, when Cambodia assumed leadership of the Association of Southeast Asian Nations (ASEAN) for a one-year term. There is fear that the deepening Cambodian–Chinese relationship coincides with, and even encourages, a rise in human rights abuses and the enactment of strict discriminatory legislation.
In December 2021, following the arrest of a Buddhist monk drawing attention to social and environmental issues, the government issued a decree “restricting monks from participating in political protests and requiring they be politically neutral”.
Subsequent to this, the MCR in consultation with several faith leaders, entered a process of redrafting the Law on Religion in Cambodia which would criminalize “religious people” who participate in political acts, including “organized activity against any political party.”
Currently 13 chapters with 54 articles, one of the draft proposals leaked online stated: “Buddhist monks who intentionally take part in political protests, strikes, riots or organised activity against any political party will be sentenced to a prison term of seven to 15 years, not including other applicable punishments as stated in the Criminal Code.” Ministry of Cults and Religion spokesman Seng Somony stated that the contents of the leaked articles “were drafts only and would likely undergo further changes before the law is passed to the legislature”.
Pa Chanroeun, president of the Cambodian Institute for Democracy, decried the proposed law noting that the 1993 Constitution “states that the Kingdom is a multi-party democracy that respects human rights in line with the UN’s Universal Declaration of Human Rights – and all of the above ensures that all Cambodians have inalienable civil and political rights, even monks.”
Responding to objections raised by civil society groups and opposition parties, Seng Somony said, “the goal of this law is to protect all religions in Cambodia and harmonise them in order to strengthen and expand the effectiveness of religious practices – especially Buddhism – which is the state religion as established by the Constitution.”
Experts who reviewed the draft legislation said the term “religious people” is commonly used to refer to monks and is not further defined in the draft law, making it unclear if the proposed rule would apply to non-Buddhists.
On 30th April 2022, Buddhist leaders honoured French Catholic Bishop, Olivier Michel Marie Schmitthaeusler, as a “friend of Buddhists”. Bishop Schmitthaeusler expressed his gratitude, stating that the local Catholic community is rooted in Cambodian culture, and that the two religions can peacefully coexist together.
It was reported in February 2022 that relations between Buddhists and Cambodia’s small Muslim minority community have improved significantly in recent years. “According to government estimates, approximately 2.1 percent of the population is Muslim, although some non-governmental organisations (NGOs) estimate Muslims constitute 4 to 5 percent of the population.” Reflecting this positive development, Prime Minister Hun Sen expressed his desire to appoint at least one Khmer Muslim in every province, city, and district as a deputy governor.
There has been no significant change in the the fate of the persecuted Montagnard community who fled from Vietnam to Cambodia. However, the United States Ambassador to Cambodia raised the issue of permanent resettlement on several occasions when meeting with government ministers and officials.
Prospects for freedom of religion
Overall, Cambodia enjoys a significant degree of religious freedom and interreligious harmony. Notwithstanding concerns regarding the draft Law on Religion in Cambodia, recent developments, such as the honour bestowed on Bishop Schmitthaeusler and the stated commitment of Prime Minister Sen to appoint Muslims to key political positions, are grounds for cautious optimism in the short term. However, in the medium and longer term, the strengthening of Cambodia–China relations may pose a significant challenge to the protection of basic human rights in the country, including religious freedom.
Cambodia