Article 2 of the Draft Legislation on "The Rights of People with Disabilities" which is being developed by the Legislation Working Group defines "a disabled person", as a person who loses any physical organ or capacity or suffers from any significant mental impairment such as loss of limbs, quadriplegic, a visual/hearing impairment, mental disability, etc. that significantly affects his/her capacity to participate in social activities". The above mentioned persons are required to have a certified document of disability issued by the Ministry of Health.
The formal definition for general classification of types of disability in Cambodia was not stated until the "Socio-economic and Behavioral Pilot Survey on the Situation for the Disabled in Cambodia" was undertaken from March-June 2000. According to this survey, an unofficial agreement to classify disabilities into eight types of difficulties was made as follows:
The official definition of the above types of disabilities in Cambodia is now not available. However, there are attempts, in conjunction with World Health Organization (WHO), to amend the definition of disability.
In order to improve rehabilitation and welfare services for persons with disabilities, the Government of Cambodia developed long term goals, and implemented and managed a national strategy to prevent causes of disabilities and rehabilitation services for persons with disabilities using an integrated participatory and decentralized approach. The priority goal is to ensure that the maximum possible number of persons with disabilities receive appropriate services and support to live and participate in society with dignity. Polices on disability-related issues cover:
The Plan indicates:
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The main purposes of the Plan of Action are to provide an orientation strategy, offer opportunities to gain an overview of the disability and rehabilitation sector, and guide investment in this area. The Plan encourages organizations to think in broader terms than is usually necessary for implementation of individual programs/projects to cope with the overwhelming needs of persons with disabilities in Cambodia. Objectives of the Plan include
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The assigned organizations directly and indirectly working for persons with disabilities are the following:
| Ministry of Social Affairs, Labor, Vocational Training, and Youth Rehabilitation (MOLSAVY) | |
| Department of Rehabilitation, Department of Child Welfare | |
| As a care agency responsible for activities directly related to PWD, and children with disabilities. • provide rehabilitation services • provide vocational/skills training. |
|
| Ministry of Education, Youth and Sports (MOEYS) | |
| Special Education Office, introduce the inclusive education of children with disabilities based on the principal of education for all | |
| Ministry of Women's and Veterans' Affairs (MWVA) | |
| responsible for pensions of disabled veterans | |
| Ministry of Health | |
| responsible for health services and rehabilitation | |
| Ministry of Rural Development | |
| responsible for health services and rehabilitation | |
| Disability Action Council (DAC) | |
There are several sectoral groups covering all levels of involvement in disability issues in order to coordinate the concerned NGOs and to coordinate and collaborate with the Ministry of Social Affairs, Labour and Vocational Training and Youth Rehabilitation (MOLSAVY).
A task force was set up including representatives of the sectoral groups from all rehabilitation services, PWDs, and government officers. The responsibility of the task force, which is a consultative group, is to provide ample opportunities for all interested and potentially affected groups to contribute to the development of a national strategy on rehabilitation and disability issues. The members of the task force met regularly to 1) review the progress of each group of the four sub- committees, and 2) to discuss the issues raised and keep concerned people informed and updated.
Six steps have been conducted
The recommendations from the task force are used to guide the NGOs and the MOLSAVY to continue their efforts to coordinate, improve, and expand the programs and activities for PWDs. A few action plans resulted from those recommendations.
After the task force accomplished its mission, the Disability Action Council (DAC) was formed as a new coordinating body in order to monitor and implement the recommendations and action plans.
Organizational Chart of Central Government (National Level)
| Figure 4 |
Description
Source:The Phnom Penh Post, November 12-25,1999
Organizational Chart (Local Level)
Figure 5
Description
| Source: | 1. MOSALVY, Report on Work Results of the Year 2000 and Future Objectives, 2001 |
| 2. MOH, Health Situation Analysis 1998 and Future Direction for Health Development 1999-2003, 1999 | |
| 3. MOEYS, Education in Cambodia, 1999 | |
| 4. National Task Force, Situation of the Disabled in Cambodia, 1996 |
In 1997, the Disability Action Council (DAC) was established as a semi-autonomous National Coordinating Body with representatives from related agencies under the authority of MOLSAVY and representatives from NGOs and individuals committed to work for promoting the well being of persons with disabilities and providing services and programs for them. DAC also serves as a national focal point on disability.
Figure 6
Description Source:MOSALVY, Prakas No. 308 Cambodia: 1999 W.G. : Working Group
The country has been actively participating in several regional activities organized by UN ESCAP, Rehabilitation International and Disabled Peoples' International.
Moreover, national cooperation between government, NGOs and international organizations related to the rehabilitation service for PWDs has been very satisfactory.
Figures on PWDs were collected from a survey conducted by the Rehabilitation Department, MSALVA and NGOs. There are several directories on rehabilitation services for PWDs but none of them are complete.
Attempts to develop and enhance a database on PWDs have continued by the Department of Rehabilitation and several NGOs. A National Resource Center, under the National Center of Disabled People (NCDP), has been established and is expected to provide resources and information to those interested in disability issues.
The latest national population census was in 1998, which covered social and economic conditions demographically. However, in this census, data on persons with disabilities was not collected.
Ministry of Planning, National Institute of Statistics conducted a "Socio-economic Survey of Cambodia" in 1999.
There is no registration system for persons with disabilities in Cambodia.
Cambodia does not have separate disability laws at the present, but disability issues have been addressed in some existing laws and legislations. However, draft legislation on "The Rights of PWD" is being developed. The draft law aims to promote integration of PWD into mainstream development programs/activities which include health, accessibility, education, vocational training, employment, etc. to ensure the protection and promotion of the rights of all PWD and the prohibition of abuse and neglect of these PWD and discrimination against them.
Several regulations related to social welfare of PWDs have been issued. The first Act permits PWDs to receive medical and vocational rehabilitation services, training and employment. The second Act is a directive to implement the first regulation.
A small working group under the task force has been focusing on legislation related to issues on PWDs.
| • | The Constitution of the Kingdom of Cambodia Legislated year: 1993 (amended in 1999) |
| Description: The Constitution stipulates the rights and responsibilities of Cambodian citizens (Chapter 3) and Education, Culture and Social Welfare for Cambodian citizens (Chapter 6). |
| • | The Labor Law Legislated year: January 10, 1997 |
| Description: The Labor Law stipulates contractual agreements between employers and employees including persons with disabilities. |
| • | Royal Decree NS/ RKM/ 0295/ 16 Legislated year: February 25, 1995 |
| Description: Establishment of Cambodian Mine Action Center which is responsible for administering, controlling, and coordinating all mine and unexploded ordnance activities in Cambodia. |
| • | Royal Decree NS/RKM/0900/160 Legislated year: September 4, 2000 |
| Description: Establishment of Cambodian Mine Action and Victim Assistance Authority-CMAA as a national regularity on mine action and victim assistance in Cambodia. |
| • | Ministerial Decision (Prakas) No 306/ MOSALVA Legislated year: August 28, 2000 |
| Description: Establishment of a Working Group on Draft legislation to Protect the Rights of PWD. |
| • | Ministerial Regulation (Prakas), No 174/MOSALVY Legislated year: May 12, 2000 |
| Description: Establishment of a Component Factory to provide Pando devices for rehabilitation workshops countrywide. |
| • | Ministerial Regulation (Prakas), No 175/MOSALVY Legislated year: May 12, 2000 |
| Description: Establishment of a Physiotherapy Rehabilitation Center in Phnom Penh |
| • | Ministerial Regulation (Prakas), No 318 PRK/ KC/ MOEYS Legislated year: January 31, 2000 |
| Description: Establishment of a Special Education Bureau for PWD and Minority Groups. |
| • | Ministerial Regulation (Prakas), No 043/MOSALVY Legislated year: January 28, 2000 |
| Description: Organization, Roles and Function of Municipal/ Provincial SALVY to provide rehabilitation services to PWD. |
| • | Ministerial Decision (Prakas) No 308/ MOSALVA Legislated year: October 26, 1999 |
| Description: Establishment of the Disability Action Council-DAC as National Semi-autonomous Coordinating Body on Disability and Rehabilitation. |
| • | Government Sub-decree No 87/ANK/ BK Legislated year: October 04, 1999 |
| Description: Organization and Function of the MOSALVY with one of the main priorities to prepare guidelines and policies to protect and support PWD. |
| • | Royal Decree NS/RKM/0699/06 Legislated year: June 17, 1999 |
| Description: Establishment of Ministry of Social Affairs, Labor, Vocational Training, and Youth Rehabilitation-MOSALVY |
| • | Royal Decree NS/ RKM/ 0599/03 Legislated year: May 28, 1999 |
| Description: Promulgating a law for implementing the Mine Ban Treaty, which prohibits the Use, Stockpiling and Transfer of Anti-personnel Mines and on their Destruction. |
| • | Government Sub-decree No 28/ANK/ BK Legislated year: April 9, 1999 |
| Description: Supplementary Salary of Civil Servants, Military, National Police, Retirees, and Disabled Officials. |
| • | Government Decisions No 15/SSR/ RGC, No 22/SSR/RGC Legislated year: February 2, 1995/ March 10, 1999 |
| Description: To form an Inter-ministerial Committee for Organizing Cambodian Handi-sports Day on a yearly basis. |
| • | Government Sub-decree No 70/ANK/ BK Legislated year: October 24, 1997 |
| Description: Establishment of a National Paralympic Committee of Cambodia with the main responsibility to organize sporting activities for PWD at national and international levels |
| • | Government Sub-decree No 059/ANK/ BK Legislated year: October 6, 1997 |
| Description: Retirement Pensions and Disability Regime for Civil Servants |
| • | Ministerial Decision (Prakas) No 757/ MOSALVA Legislated year: May 10, 1997 |
| Description: Establishment of a National Center for Disabled Persons with the main responsibility to provide rehabilitation services, job placement, and referral services. |
| • | Government Sub-decree No 37/ANK/ BK Legislated year: April 4, 1995 |
| Description: Establishment of an Inter-ministerial Committee on Primary Health Care to Support the Development and Implementation of a National Policy on Primary Health Care. It is a basis for prevention of disabilities. |
| • | Ministerial Decision No 10 PKNN/ MDVSA Legislated year: January 10, 1992 |
| Description: Implementing Declaration of Organizational Structure of Rehabilitation for PWD. |
| • | Government Decision No 181 SSR/ SC Legislated year: December 20, 1990 |
| Description: Principle Guidelines of Rehabilitation, Vocational Training, and Job Placement for PWD. |
Remarks: The legal documents shown in the above table are listed based on a hierarchy of legal status and followed by the date of issuance
Cambodia is one of the leading Asian countries that signed and recognized most of International and Regional instruments such as UN Resolutions, Treaties, Covenants, and Laws, that can be used to protect the rights of PWD.
| • | Mine Ban Treaty Legislated year: July 28, 1999 |
| Description: Prohibit the use, stockpiling, production and transfer of anti-personnel mines and their destruction. It stipulates concrete action for eradicating landmines and for ensuring assistance to victims. |
| • | UN ESCAP Asian and Pacific Decade of Disabled Persons, 1993- 2002 Legislated year: October 20, 1994 |
| Description: The target of the Decade is outlined in the document "Implementation of the Agenda for Action for the Asian and Pacific Decade of Disabled Persons ". |
| • | International Covenant on Civil and Political Rights Legislated year: April 20, 1992 |
| Description: Use language similar to the Universal Declaration of Human Rights to protect the right to privacy which is entitled "UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment" that are major causes of disability. |
| • | International Covenant on Cultural and Economic Rights Legislated year: April 20, 1992 |
| Description: Article grants the Right of self-determination. Article 6 guarantees the Right to Work, which includes the right to freely choose and accept work to make a living. Article 12-the right to attain the highest standard of physical and mental health. |
| • | United Nations Convention on the Rights of the Child Legislated year: 1989 |
| Description: Provide comprehensive Rights of the child to education and health and prohibition to the labor force. |
| • | World Program of Action Concerning Disabled Persons UN Resolution 37/ 52 Legislated year: 1982 |
| Description: Aimed at the promotion of effective measures for the prevention of disabilities, rehabilitation and the realization of equal opportunities for PWD; Declared the UN Decade of Disabled Persons (1983-1992) |
| • | Universal Declaration of Human Rights Legislated year: December 10, 1948 |
| Description: Promote fundamental human rights to all. Each article applies to every individual regardless of disability, gender, race, color, religion or any other status of life. Any form of discrimination violates the principle of equality. |
| • | UNESCO World Declaration on Education for All Legislated year: Involved in 1990 but real activities started in 2000 |
| Description: The main aim is to enforce the implementation of the Principle of Inclusive Education. |
| • | United Nations Declaration on the Rights of PWD Legislated year: December 9, 1997 |
| Description: Provide instruments to protect fundamental rights of PWD. |
| • | UN Standard Rules on Equalization of Opportunities for PWD Legislated year: December 1993 |
| Description: A set of objectives implying a strong political and moral commitment by the State to take action for the equalization of opportunities for PWD. |
| Sources: | 1) Compendium of Cambodian Laws Volume III, CLRDC, 2000 Landmine Monitor, Cambodia 2000 |
2) ASEAN and the Banning of Anti-personnel Landmines, Landmine Monitor 2000 |
Social services for persons with disabilities are gradually growing in Cambodia. The National Center for Disabled People (NCDP) was established in 1997 to provide social services for persons with disabilities. The life of persons with disabilities who can receive social services from NCDP is getting better.
Much limitation in medical and rehabilitation services for persons with disabilities continues. Medical rehabilitation in Cambodia is under the responsibility of the following two Ministries; the Ministry of Health and the Ministry of Social Affairs, Labor, Vocational Training, and Youth Rehabilitation. Currently, there are rehabilitation centers in seven provinces. Three of them are managed by international non-governmental organizations. At the rehabilitation centers, persons with disabilities are given social, vocational, and medical rehabilitation as well as food and accommodation. There are several rehabilitation centers providing prosthetics, orthotics, wheelchairs, and other adaptive equipment.
There is also a school of physiotherapy. Physiotherapists are based in provincial hospitals, rehabilitation centers and are part of the national health system.
Rehabilitation training of health professionals for PWDs such as medical doctors, nurses, physiotherapists and allied health personnel is insufficient and has not been conducted for small hospitals and institutions.
There is an orthopedic component factory, a national school for prosthetics and orthotics, and 15 workshops which produce and repair assistive devices.
Three prosthetic workshops are in Phnom Penh and 12 are in the provinces. Only 3 workshops provide orthoptics for PWDs. Three different technologies have been used including polypropylene technology, aluminum technology, and leather with a combination of wood technology.
The production of assistive devices is only able to meet approximately 25 per cent of the needs of PWDs in Cambodia.
Community Work with Disabled People (CWDP) has been used as a fundamental unit to:
Community-based services are opening up in many provinces. Some are outreach services to follow-up on PWDs who have come to the centers. Some are truly CBR services, in that the focus on one geographically limited area and attempts to lead the community in developing local solutions to the problems that PWDs face. Some services are in between where trained rehabilitation agents go from house to house, offering counseling, referrals to other services, and direct assistance for basic therapeutic needs and for income generation.
| • | Community-based Rehabilitation Bureau within the Department of Rehabilitation, MOSALVY Legislated year: 1998 |
| Has overall responsibility for CBR activities. |
| • | Major CWDP Programs have been carried out by NGOs in collaboration with relevant Ministries. Legislated year: 1993 ~ |
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Cambodia has developed more positive attitudes towards PWDs through a public awareness program to educate and change public misconceptions over PWDs. Key personnel to this issue include teachers, monks, healthcare personnel, government organizations, and NGOs.
Awareness campaign activities like the celebration of the National Day of Handicapped Sports which organized contests and games for PWDs was very successful. This event is becoming regular and popular among PWDs and the public. The Annual Handy Sports Day is also organized to promote the employment of persons with disabilities through a demonstration of their abilities.
Also, public awareness campaigns have been undertaken through periodical press releases, printed media, radio and television broadcasts.
| • | Government Sub-decree on Retirement-Pensions and Disabilities Regime Legislated year: 1997 |
| The minimum and maximum levels of disability pension are fixed at 50% and 65% of net salary, respectively. Those disabled due to an accident at work or on duty are able to apply for the maximum level of pension. The calculation is based on seniority. |
| • | Cabinet Resolution on Organizing the Handy Sports Day No.15/ SSR Legislated year: 1995 |
| An Inter-ministerial Committee was established to organize the Handy Sports Day to promote disability awareness and sensitize the public regarding the abilities of persons with disabilities. |
| • | Government Sub-decree on the Establishment of a National Paralympic Committee of Cambodia No. 70/ANK/BK Legislated year: 1997 |
| To organize sport activities and events at national and international levels. |
The greatest cause of the high prevalence of disability is the lack of prevention programs such as the promotion of primary health care, improvement of hygiene and nutrition, vaccination, landmines, unexploded ordnance (UXO) awareness, and weapons reduction.
Some prevention programs are related to the following issues:
Some legislations regarding prevention are as follows:
| • | Sub-decree No.37, the establishment of an Inter-ministerial Committee on Primary Health Care (PHC) Legislated year: April 1995 ~ |
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| • | National Subcommittee for the prevention of blindness Legislated year: December 1994 |
National Plan : Eye care development (1995-2001) to provide eye care services to reduce blindness to less than 0.5 % of the population by 2005 :
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| • | Polio Eradication Unit of MOH with the support of WHO Legislated year: 1994 ~ |
| Polio vaccination for babies across Cambodia to prevent disability caused by polio: |
| 1. Royal Decree NS/ RKM/ 0295/16 | ||
| 2. Royal Decree | ||
| Legislated year: | 1. February 1995 | |
| 2. September 2000 | ||
|
| • | Disability Awareness Modules Legislated year: 2000 ~ |
| In collaboration with MOH, modules have been developed in relation to the identification of disability. The main purpose of the modules is to spread and promote awareness on disability so that people can seek intervention and referral for treatment as early as possible. |
| Government efforts to regulate weapons in Cambodia | ||
| Legislated year: | 1. January 1992 | |
| 2. July 1995 | ||
| 3. July 1996 | ||
| 4. October 16, 1998 | ||
| 5. April 1999 | ||
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The Cambodian Disabled People's Organization (CDPO), which is an important voice of PWDs, was established in 1994. It represents most groups involved with disability issues.
In 1996, the National Center of Disabled People was formed as a resource center and training, aiming to collect information, to hold meetings and to perform as an outlet to sell products made by PWDs.
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As the result of a prolonged war, the general education system is very limited in terms of both resources and capacity, preventing basic education for all children including children with disabilities. Low literacy rate and limited skills of children is the result of an insufficient educational system.
There is no law in Cambodia for educational enrolment of children with disabilities. Currently, the educational programs for persons with disabilities have been undertaken by NGOs only. A limited number of special schools and classes exist as a few community-based initiatives. Some children with disabilities are put in mainstream schools. According to the national policy, a pilot program to promote educational opportunity for children with disabilities has been undertaken by the Disability Action Council (DAC) in cooperation with the Ministry of Education Youth and Sports (MOEYS).
The Government of Cambodia has launched several programs including the promotion of "Education for All". However, an educational opportunity for persons with disabilities is still minimal.
Legislations regarding education for persons with disabilities are as follows:
| • | Educational program for Persons with Disabilities Legislated year: 1993 ~ |
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| • | Special Education Office Legislated year: January 2000 |
| Development of educational opportunities for children with disabilities, girls, minorities, and other vulnerable groups such as street children. |
Persons with disabilities have limited opportunities for equal and full participation in society. The abilities of these persons with disabilities are often easily ignored and they generally have a disadvantage in employment as well as access to resources such as basic social services, education and vocational training. Most persons with disabilities are poor and suffer in comparison to non-disabled persons. Vocational and skills training to enhance the employment opportunity of persons with disabilities is one of the major issues for concerned authorities.
As a part of the National Rehabilitation Program in 1987, the Ministry of Social Affairs, Labour, Vocational Training, and Youth Rehabilitation (MOLSAVY) has been working together with non-governmental organizations and international organizations to establish vocational training centers in the country. As a result, 11 vocational training centers were established. There are three main activities conducted by these centers.
1. Pre-training activities
This program provides vocational assessment, guidance, student selection and preparatory courses. Potential students need to discuss their situation with counselors, social workers or other knowledgeable persons to determine their needs. Clarification must be done since these training centers need students who can follow through and complete the courses. They also need to enroll a certain number of students in order to make it viable for them in terms of usage of equipment, and trainer and supporting staff strengths.
2. Skills training
This course consists of theoretical topics followed by practices in the workshop.
3. Post-training follow-up
This course is to assist disabled graduates in making the transition from the classroom to the workshop to achieve maximum results from their skills training. It is for graduates who need some follow-up action upon completion of their training courses.
However, a job placement for PWDs with these training courses cannot be guaranteed since the labor market remains unfavorable to PWDs. Also, employers are not yet encouraged to employ PWDs with specific incentives or quota systems.
A follow-up program for graduates who were successful in gaining employment is conducted through regular visitation at their work places. This helps to provide more support in terms of start-up equipment and loans/grants.
Specific limitations in employment opportunities faced by graduates are as follows:
In order to promote services and employment for persons with disabilities, provincial rehabilitation centers as well as vocational and skills training centers have been established by the Cabinet Resolution No.181/SSR, which is the only regulation related to the strategy and policy of the government on this issue. At the same time, other Ministries such as the National Bank have been ordered to take appropriate measures to promote the employment of persons with disabilities.
In addition, the following initiatives have been taken by local NGOs, the government, international organizations, and the private sector, with technical support from the International Labour Organization (ILO), to promote job opportunities for persons with disabilities.
At present, 8 vocational training schools/centers are operating (3 in Phnom Penh, 1 in Kandal, 1 Kampot, 1 in Battambang, 1 in Pursat and 1 in Kampong Thom) in close collaboration and support with World Vision, Maryknoll, AIR-J, BUCK, JS-C, JCIA, CWARS and others. So far 3,493 trainees with disabilities have been trained in various skills. Among them, 1,751 graduates currently have a paid job or are self-employed in their own villages. However, these services only meet a small percent of the needs of persons with disabilities, and job placement is not granted after training as there are not strong, quota systems or legislative instruments promoting the employment of persons with disabilities.
Some legislation regarding employment of persons with disabilities are as follows:
| • | Cabinet Resolution on Principle Guidelines on Rehabilitation, Vocational Training, and Job Placement for Persons with Disabilities No. 181/SSR Legislated year: 1990 |
| Persons with disabilities are to be provided with more opportunities for vocational/skill training and job employment, made a priority for credit and loans as well as incentives including tax reductions. |
| • | Ministerial Proclamation on Guiding Implementation of Cabinet-Resolution No.181/SSR and No.02/PRNN Legislated year: 1991 |
| Establish Provincial Rehabilitation Centers and Vocational Training Centers, and provide employment for persons with disabilities |
| • | Ministerial Decision to Establish a National Center for Disabled Persons NCDP No. 757/MOSALVA Legislated year: 1997 |
| Develops data on job placement and referral services for persons with disabilities, and provides catering services for persons with disabilities. |
| • | Government Sub-decree on Supplementary Salary of Civil Servants, Military, National Police, Retirees, and Disabled Officials No. 028/ANK/BK Legislated year: 1999 |
| A net salary increase of 30% for civil servants, military personnel, the national police, retirees, and disabled officials has been authorized effective May 1999. |
| • | Prakas No.757 MOSALVY on Establishment of a National Center for Disabled Persons (NCDP) Legislated year: 10 May 1997 |
| The main task of NCDP is to provide rehabilitation services, and to improve economic conditions through the provision of employment opportunities for persons with disabilities in order that they can live with dignity and full participation in society. |
| • | MOSALVY-Rehab-dept. Vocational Training Bureau (8 Vocational Training Centers across Cambodia) Legislated year: 1998 |
Tasks of the Vocational Training Bureau, Rehabilitation Department of MOSALVY are as follows :
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The accessibility issue along with communication and other regular supporting facilities are not available due to the lack of awareness in public and private sectors as well as strong legislative support. Only the production of wheelchairs is improved for people who are mobility-impaired.
Many improvements on accessibility are required including widespread basic health services, power stations, water systems, roads, and other facilities and services.
Not much action has been taken to an accessible communication system for PWDs. However, there is one blind school in Phnom Penh run by a local NGO, Kruasa Thmey Organization, where Braille is taught. They also have a small center-based program for young blind students