The following is an excerpt from the United Nations Human Rights Council meeting regarding Cambodia only (the entire report for Cambodia, Haiti and Somalia can by found here).
Date: 12 Jun 2007
United Nations Human Rights Council
Yash Ghai, the Special Representative of the Secretary-General for human rights in Cambodia, said that, since the Paris Peace Agreements had ended the strife in Cambodia over 15 years ago, the country had been brought under a unified administration, and there had been improvements in access to education and health. In recent years the rate of economic growth had been impressive, and elections had been held, with varying degrees of fairness. However, in most areas, progress had been disappointing: little real progress had been made in the reform of the legal and judicial systems, with courts still used to punish the innocent and persons whom the Government found politically inconvenient; impunity was exercised in favour of wealthy and politically well-connected persons and corporations; corruption was widespread; there were serious restrictions on the freedom of speech; and, despite repeated promises, nothing had been done to protect the collective rights of the indigenous peoples to land.
Cambodia, speaking as a concerned country, said the report had only dealt with negative aspects of the situation in Cambodia and obscured efforts designed to promote democracy and freedom of expression, the press and assembly in the Kingdom. Cambodia reaffirmed that those claims were unacceptable, and categorically rejected the accusations levelled against Cambodia, asking the Secretary-General to reconsider his position vis-à-vis the Representative, and call for the regulation of the performance of the Office of the High Commissioner for Human Rights in Phnom Penh.
During the interactive dialogues on the situation of human rights in Cambodia, Haiti and Somalia, several speakers criticized the country specific mandates, saying that they did not promote human rights, and had a negative effect on the country concerned. However, others pointed to the apparent success of the dialogue between the Haitian Government and the Independent Expert on the situation of human rights in that country. In that regard, Algeria wondered if the Council could think of a constructive way of expressing appreciation to mandate holders who were able to engender dialogue.
Speaking in the interactive dialogue on the situation of human rights in Cambodia were Representatives of Canada, Germany on behalf of the European Union, the Philippines, Japan, Indonesia, Malaysia, Australia, Slovakia and the United States.
At the end of the meeting, the following non-governmental organizations made statements on the country specific reports presented during the day: National Commission of Human Rights of France; Asia Pacific Forum; Centrist Democratic International; Amnesty International; Human Rights Watch; International Federation for Human Rights; World Federation of Trade Unions; Asian Legal Resource Centre; Centre Europe – Tiers Monde; Indian Council of South America; International Helsinki Federation for Human Rights; and Comision juridica para el autodesarollo de los pueblos originarios andinos.
The Council will reconvene on Wednesday, 13 June, at 10 a.m., and will meet until 6 p.m. without interruption. It is scheduled to consider follow-up to its decisions and to consider the report of the group of experts on the situation in Darfur.
Report on Situation of Human Rights in Cambodia
The Council has before it the report of the Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai (A/HRC/4/36), which provides an account of the Special Representative's second mission to Cambodia in March 2006, and details his continuing concerns. The Special Representative addresses problems of a systemic nature from the perspective of commitments in the peace agreements adopted in Paris on 23 October 1991. These agreements recognized the central importance of human rights in establishing and maintaining peace and prosperity for all Cambodians, and contained provisions to promote human rights and constitutional guarantees for their protection. The report concludes with recommendations designed to assist the Government and the people of Cambodia to secure the observance and enjoyment of human rights for all Cambodians. The Special Representative notes the start of proceedings within Extraordinary Chambers of the Courts of Cambodia to try senior Khmer Rouge leaders and those most responsible for the atrocities of the regime of Democratic Kampuchea. The purpose of the trials, to recognize the value of and promote respect for human rights, to acknowledge the evils of impunity, and to strengthen the rule of law and the machinery of justice, will be futile unless the Government agrees to stop practices, documented in this and in previous reports of special representatives, which undermine these very objectives. In that regard, the international community bears special responsibilities to support Cambodia in its quest to strengthen human rights and ensure social justice.
Presentation of the Report by the Special Representative of the Secretary-General in Cambodia for Human Rights
YASH GHAI, Special Representative of the Secretary-General in Cambodia for Human Rights , said he had made his third official visit to Cambodia in May 2007. The main objective had been to discuss his report and recommendations with the Government, civil society and the international community, and to update himself on the human rights situation. Last year had marked the fifteenth anniversary of the internationally negotiated Paris Peace Agreements that had ended the war and civil strife in Cambodia. Since then, with significant international assistance, considerable progress had been made in rebuilding Cambodia. The country had been brought under a unified administration, and there had been improvements in access to education and health. In recent years the rate of economic growth had been impressive. Elections had been held, with varying degrees of fairness, of which the recent commune council elections had been the most peaceful. However, further steps were needed to make the electoral system fully independent.
There had been positive developments; however, in most areas covered in the mandate, progress had been disappointing, Mr. Ghai said. In many respects, promises and obligations of the Paris Agreements had not been fulfilled. Little real progress had been made in the reform of the legal and judicial systems. Courts were still used to punish the innocent and persons whom the Government found politically inconvenient. Impunity was exercised in favour of wealthy and politically well-connected persons and corporations. Corruption was widespread. There were serious restrictions on the freedom of speech. Despite repeated promises, nothing had been done to protect the collective rights of the indigenous peoples to land. In view of these disturbing trends and others, the Government of Cambodia should submit its first and long-overdue report to the Committee on Economic, Social and Cultural Rights.
Mr. Ghai said he had long urged fundamental legal and judicial reforms. Without a proper system of remedies, of protection against State or non-State oppression, and an impartial judiciary which ensured equal treatment for all, human rights would be violated and the legal system used to cover up the violations, and this was what was happening in Cambodia. Corruption continued to undermine the court system. Disparities of wealth and access to income and opportunities among the people had widened at an alarming rate. Confidence in the impartiality of the State had weakened. The failings of the rule of law, deliberately engineered, had provided fertile ground for corruption and the exploitation of weaker sections of society. Fifteen years after the rehabilitation of Cambodia, important objectives and promises of the internationally agreed Paris Peace Agreements remained unfulfilled, and Cambodia should do all it could to ensure those objectives and promises were realized.
Statement by Concerned Country
CHHEANG VUN ( Cambodia ), speaking as a concerned country, said the report had only dealt with negative aspects of the situation in Cambodia. The report said that violations were systematic, intentional, and aimed at keeping power. Those statements obscured efforts designed to promote democracy, freedom of expression, the press and assembly in the Kingdom. Cambodia reaffirmed that those claims were unacceptable, and categorically rejected the accusations levelled against Cambodia. Cambodia asked that the Secretary-General reconsider his position vis-à-vis the Representative, and call for the regulation of the performance of the Office of the High Commissioner for Human Rights in Phnom Penh.
Interactive Dialogue on the Situation of Human Rights in Cambodia
PAUL MEYER ( Canada ) said Canada appreciated the report of the Special Representative of the Secretary-General in Cambodia for Human Rights, which was a broad and accurate outline of some of the principle issues and challenges that Cambodia faced today. It was important to clarify some of the situations that the Special Representative had drawn attention to – that was what a dialogue was about. Many of the issues raised were impediments to sustainable development, as well as to human rights, including indigenous issues with regard to land. Subsequent to Mr. Ghai's visit, there had been a report from a non-governmental organization on the illegal destruction of forests, and there was concern that the Government had failed to respect freedom of expression and opinion in that regard. Did the Special Representative have suggestions as to how the Government could ensure the safety of those monitoring human rights, Canada asked?
ANKE KONRAD ( Germany ), speaking on behalf of the European Union , welcomed the report and stated clear support for the work in Phnom Penh and the Special Representative in Cambodia. The European Union underlined the importance of States' cooperation with all United Nations mechanisms. The European Union welcomed the Code of Penal Procedure and the Extraordinary Chambers, but unresolved cases of murders of trade unions members were still a concern. The Representative had expressed his concern for a number of individual cases. In that connection, what measures would he recommend where legal means had been exhausted? The Special Representative was also asked to elaborate more on the role of the international community in strengthening the promotion and protection of human rights in Cambodia.
JUNEVER MAHILUM WEST ( Philippines ) said an accurate assessment of the situation in Cambodia would have to start with an assessment of the challenges, and should include steps taken so far, and an assessment of remaining challenges. The Special Rapporteur on the independence of judges and lawyers had commended Cambodia's dealing with the members of the Khmer Rouge only yesterday. Capacity-building efforts had yielded positive results, contributing to Cambodia's development and growth, and those achievements should be further built on in the sprit of construction and dialogue.
SHU NAKAGAWA ( Japan ) said the elections in Cambodia had been conducted for the most part peacefully and fairly, and had been a significant step in the democratization of Cambodia. The Special Representative of the Secretary-General for Human Rights in Cambodia had said that Cambodia lacked basic laws. Although Japan had been providing support for the legal system, what further support could be provided to strengthen the system?
BENNY SIAHAAN ( Indonesia ) said, with regard to the report of the Special Representative for the Secretary-General for human rights in Cambodia, Cambodia had taken a number of measures and had achieved improvements. Any efforts to eclipse those achievements would increase the complexity of the situation facing the country. Without going into the human rights situation in the country, Indonesia was committed to protecting human rights. Country-specific mandates did not promote human rights, and had a negative effect on the country concerned. The only solution was constructive dialogue.
WESTMORELAND PALON ( Malaysia ), referring to the report on Cambodia, said progress on the ground had been noticed. Cambodia was trying to achieve freedom. The Government would continue to face those challenges that were not unique to Cambodia. Improving the human rights situation in particular was a gradual process. Malaysia welcomed the commitments expressed and those implemented by the Cambodian Government. The international community was encouraged to continue lending its support as well as providing technical assistance to the Government.
RACHEL WHITE ( Australia ) said, as with other country mandates, the Special Representative for Human Rights in Cambodia had continued to play an important role in maintaining international focus on the situation in Cambodia, and contributing in real and important ways to the protection and promotion of human rights there in the way that mattered most – for the people on the ground. There remained room for improvement of election processes in Cambodia, as in other countries, including voter participation and election administration, which should be impartial. Australia continued to work with Cambodia in that regard, and to promote democratic development and civil participation, as well as strengthening judicial processes.
DRAHOSLAV STEFANEK ( Slovakia ) said, with reference to the questions already posed to the Special Representative on human rights in Cambodia, that Slovakia was pleased to hear the update to the report. The Office of the High Commissioner for Human Rights (OHCHR) in Cambodia was working on land concessions. OHCHR had come, in the course of its monitoring of that situation, to the conclusion that there was a problem with the implementation of the law, rather than with the law itself. The Special Representative was asked which mechanisms should be provided to access already approved land concessions.
JAN LEVIN ( United States ) supported the continuing work of the Special Representative in Cambodia. Although Cambodia continued to undergo a difficult transition, there had been positive developments, in particular with regard to trafficking in persons. The United States commended Cambodia for the peaceful and generally positive local elections in January. However problems, in particular with elector registration, remained. The United States also remained concerned about the pervasiveness of corruption in the legal process, eroding the judiciary's ability to uphold the rule of law. The United States believed a robust independent judiciary, along with a vibrant civil society, would allow Cambodia to make progress on democratic reform. The Government was encouraged to advance its national reconciliation process.
Concluding Remarks by the Special Representative of the Secretary-General on Human Rights in Cambodia
YASH GHAI, Special Representative on Human Rights in Cambodia, referring to the trial of trade unionists, said he had met the widow of the trade unionist that had been killed, and also with the spouses of the accused, who had now been sentenced to very long terms of imprisonment. He did not know how much could be done. The trial had shown the weakness of the judiciary. One way to deal with the problem would be to strengthen two institutions: the Constitution Council, which protected the Constitution; and the Supreme Council of the Magistracy, which protected the independence of the judiciary. Neither of those institutions had performed their tasks, and consequently there was no protection against intervention by the Government. It seemed that a possibility would be to set up an independent investigation – although it was highly improbable the Government would agree to that. The Chief of Police at that time had since admitted that he had been instructed to frame these two persons, he had now fled to Cambodia and was languishing in jail there. The woman who had witnessed the actual killing of the trade unionist had fled to Thailand, and had since signed an affidavit saying that the persons arrested were not those who had carried out the murder. One way out might be to make a request to the King for a royal pardon, but while it was in the King's prerogative to grant pardons, in practice it was the Government which decided whether a pardon would be given.
As far as efforts by the international community, Mr. Ghai said that foreign assistance should be linked to the improvement of the judicial and legal system. The United Nations treaty body system should also pay more attention to the situation in Cambodia. Cambodia had been very remiss in making its reports to treaty bodies, and they could now, under new procedures, review the situation in the country in the absence of a report. Some consideration should also be given to trade sanctions concerning goods that were exploited illegally in the country.
Concerning land concessions, there was new legislation which the Special Representative had discussed in detail in his new paper. That legislation provided a very good framework for the review of existing concessions. It allowed sanctions when the concession terms had been violated, and there was a whole series of provisions requiring review and authorizing the cancellation of concessions. The Special Representative had looked at what measures had been undertaken by the Government to undertake those reviews, and had found that almost no such reviews had been made. A technical secretariat had been set up, but what was needed was a totally independent mechanism for the review of those land concessions.
Right of Reply
YASH GHAI ( Cambodia ) called for the Council to review the Special Representative's position. His words had been unacceptable, and so here Cambodia called upon the Council to take note that it would no longer accept the Special Representative's mandate in Cambodia.
Statements by Non-Governmental Organizations on the Situation of Human Rights in Cambodia
LAO MONG HAI, of Asian Legal Resource Centre , said the Special Representative on human rights in Cambodia should explain what the Council and the Government of that country could do to address the human rights situation there. There was a serious absence of the rule of law in Cambodia, an absence that was characterised by the judiciary's failure to protect the human rights and freedoms of the Cambodian people. The highest priority should be given to ensuring that Cambodia was governed by the rule of law and the respect for human rights, with a judiciary that was independent from any political control.
TOMAS ALARCON, of Comision juridica para el autodesarollo de los pueblos originarios andinos, said that the country specific mandates had looked in some cases at the violations of human rights of indigenous people. However, in every country with indigenous people violations of their human rights were taking place. The Special Representative on Cambodia had identified serious violations of human rights. A specialized body for indigenous people was needed. New standards for indigenous people should be found. If such a special body could be set up, justice could be given to the indigenous people.
Date: 12 Jun 2007
United Nations Human Rights Council
Yash Ghai, the Special Representative of the Secretary-General for human rights in Cambodia, said that, since the Paris Peace Agreements had ended the strife in Cambodia over 15 years ago, the country had been brought under a unified administration, and there had been improvements in access to education and health. In recent years the rate of economic growth had been impressive, and elections had been held, with varying degrees of fairness. However, in most areas, progress had been disappointing: little real progress had been made in the reform of the legal and judicial systems, with courts still used to punish the innocent and persons whom the Government found politically inconvenient; impunity was exercised in favour of wealthy and politically well-connected persons and corporations; corruption was widespread; there were serious restrictions on the freedom of speech; and, despite repeated promises, nothing had been done to protect the collective rights of the indigenous peoples to land.
Cambodia, speaking as a concerned country, said the report had only dealt with negative aspects of the situation in Cambodia and obscured efforts designed to promote democracy and freedom of expression, the press and assembly in the Kingdom. Cambodia reaffirmed that those claims were unacceptable, and categorically rejected the accusations levelled against Cambodia, asking the Secretary-General to reconsider his position vis-à-vis the Representative, and call for the regulation of the performance of the Office of the High Commissioner for Human Rights in Phnom Penh.
During the interactive dialogues on the situation of human rights in Cambodia, Haiti and Somalia, several speakers criticized the country specific mandates, saying that they did not promote human rights, and had a negative effect on the country concerned. However, others pointed to the apparent success of the dialogue between the Haitian Government and the Independent Expert on the situation of human rights in that country. In that regard, Algeria wondered if the Council could think of a constructive way of expressing appreciation to mandate holders who were able to engender dialogue.
Speaking in the interactive dialogue on the situation of human rights in Cambodia were Representatives of Canada, Germany on behalf of the European Union, the Philippines, Japan, Indonesia, Malaysia, Australia, Slovakia and the United States.
At the end of the meeting, the following non-governmental organizations made statements on the country specific reports presented during the day: National Commission of Human Rights of France; Asia Pacific Forum; Centrist Democratic International; Amnesty International; Human Rights Watch; International Federation for Human Rights; World Federation of Trade Unions; Asian Legal Resource Centre; Centre Europe – Tiers Monde; Indian Council of South America; International Helsinki Federation for Human Rights; and Comision juridica para el autodesarollo de los pueblos originarios andinos.
The Council will reconvene on Wednesday, 13 June, at 10 a.m., and will meet until 6 p.m. without interruption. It is scheduled to consider follow-up to its decisions and to consider the report of the group of experts on the situation in Darfur.
Report on Situation of Human Rights in Cambodia
The Council has before it the report of the Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai (A/HRC/4/36), which provides an account of the Special Representative's second mission to Cambodia in March 2006, and details his continuing concerns. The Special Representative addresses problems of a systemic nature from the perspective of commitments in the peace agreements adopted in Paris on 23 October 1991. These agreements recognized the central importance of human rights in establishing and maintaining peace and prosperity for all Cambodians, and contained provisions to promote human rights and constitutional guarantees for their protection. The report concludes with recommendations designed to assist the Government and the people of Cambodia to secure the observance and enjoyment of human rights for all Cambodians. The Special Representative notes the start of proceedings within Extraordinary Chambers of the Courts of Cambodia to try senior Khmer Rouge leaders and those most responsible for the atrocities of the regime of Democratic Kampuchea. The purpose of the trials, to recognize the value of and promote respect for human rights, to acknowledge the evils of impunity, and to strengthen the rule of law and the machinery of justice, will be futile unless the Government agrees to stop practices, documented in this and in previous reports of special representatives, which undermine these very objectives. In that regard, the international community bears special responsibilities to support Cambodia in its quest to strengthen human rights and ensure social justice.
Presentation of the Report by the Special Representative of the Secretary-General in Cambodia for Human Rights
YASH GHAI, Special Representative of the Secretary-General in Cambodia for Human Rights , said he had made his third official visit to Cambodia in May 2007. The main objective had been to discuss his report and recommendations with the Government, civil society and the international community, and to update himself on the human rights situation. Last year had marked the fifteenth anniversary of the internationally negotiated Paris Peace Agreements that had ended the war and civil strife in Cambodia. Since then, with significant international assistance, considerable progress had been made in rebuilding Cambodia. The country had been brought under a unified administration, and there had been improvements in access to education and health. In recent years the rate of economic growth had been impressive. Elections had been held, with varying degrees of fairness, of which the recent commune council elections had been the most peaceful. However, further steps were needed to make the electoral system fully independent.
There had been positive developments; however, in most areas covered in the mandate, progress had been disappointing, Mr. Ghai said. In many respects, promises and obligations of the Paris Agreements had not been fulfilled. Little real progress had been made in the reform of the legal and judicial systems. Courts were still used to punish the innocent and persons whom the Government found politically inconvenient. Impunity was exercised in favour of wealthy and politically well-connected persons and corporations. Corruption was widespread. There were serious restrictions on the freedom of speech. Despite repeated promises, nothing had been done to protect the collective rights of the indigenous peoples to land. In view of these disturbing trends and others, the Government of Cambodia should submit its first and long-overdue report to the Committee on Economic, Social and Cultural Rights.
Mr. Ghai said he had long urged fundamental legal and judicial reforms. Without a proper system of remedies, of protection against State or non-State oppression, and an impartial judiciary which ensured equal treatment for all, human rights would be violated and the legal system used to cover up the violations, and this was what was happening in Cambodia. Corruption continued to undermine the court system. Disparities of wealth and access to income and opportunities among the people had widened at an alarming rate. Confidence in the impartiality of the State had weakened. The failings of the rule of law, deliberately engineered, had provided fertile ground for corruption and the exploitation of weaker sections of society. Fifteen years after the rehabilitation of Cambodia, important objectives and promises of the internationally agreed Paris Peace Agreements remained unfulfilled, and Cambodia should do all it could to ensure those objectives and promises were realized.
Statement by Concerned Country
CHHEANG VUN ( Cambodia ), speaking as a concerned country, said the report had only dealt with negative aspects of the situation in Cambodia. The report said that violations were systematic, intentional, and aimed at keeping power. Those statements obscured efforts designed to promote democracy, freedom of expression, the press and assembly in the Kingdom. Cambodia reaffirmed that those claims were unacceptable, and categorically rejected the accusations levelled against Cambodia. Cambodia asked that the Secretary-General reconsider his position vis-à-vis the Representative, and call for the regulation of the performance of the Office of the High Commissioner for Human Rights in Phnom Penh.
Interactive Dialogue on the Situation of Human Rights in Cambodia
PAUL MEYER ( Canada ) said Canada appreciated the report of the Special Representative of the Secretary-General in Cambodia for Human Rights, which was a broad and accurate outline of some of the principle issues and challenges that Cambodia faced today. It was important to clarify some of the situations that the Special Representative had drawn attention to – that was what a dialogue was about. Many of the issues raised were impediments to sustainable development, as well as to human rights, including indigenous issues with regard to land. Subsequent to Mr. Ghai's visit, there had been a report from a non-governmental organization on the illegal destruction of forests, and there was concern that the Government had failed to respect freedom of expression and opinion in that regard. Did the Special Representative have suggestions as to how the Government could ensure the safety of those monitoring human rights, Canada asked?
ANKE KONRAD ( Germany ), speaking on behalf of the European Union , welcomed the report and stated clear support for the work in Phnom Penh and the Special Representative in Cambodia. The European Union underlined the importance of States' cooperation with all United Nations mechanisms. The European Union welcomed the Code of Penal Procedure and the Extraordinary Chambers, but unresolved cases of murders of trade unions members were still a concern. The Representative had expressed his concern for a number of individual cases. In that connection, what measures would he recommend where legal means had been exhausted? The Special Representative was also asked to elaborate more on the role of the international community in strengthening the promotion and protection of human rights in Cambodia.
JUNEVER MAHILUM WEST ( Philippines ) said an accurate assessment of the situation in Cambodia would have to start with an assessment of the challenges, and should include steps taken so far, and an assessment of remaining challenges. The Special Rapporteur on the independence of judges and lawyers had commended Cambodia's dealing with the members of the Khmer Rouge only yesterday. Capacity-building efforts had yielded positive results, contributing to Cambodia's development and growth, and those achievements should be further built on in the sprit of construction and dialogue.
SHU NAKAGAWA ( Japan ) said the elections in Cambodia had been conducted for the most part peacefully and fairly, and had been a significant step in the democratization of Cambodia. The Special Representative of the Secretary-General for Human Rights in Cambodia had said that Cambodia lacked basic laws. Although Japan had been providing support for the legal system, what further support could be provided to strengthen the system?
BENNY SIAHAAN ( Indonesia ) said, with regard to the report of the Special Representative for the Secretary-General for human rights in Cambodia, Cambodia had taken a number of measures and had achieved improvements. Any efforts to eclipse those achievements would increase the complexity of the situation facing the country. Without going into the human rights situation in the country, Indonesia was committed to protecting human rights. Country-specific mandates did not promote human rights, and had a negative effect on the country concerned. The only solution was constructive dialogue.
WESTMORELAND PALON ( Malaysia ), referring to the report on Cambodia, said progress on the ground had been noticed. Cambodia was trying to achieve freedom. The Government would continue to face those challenges that were not unique to Cambodia. Improving the human rights situation in particular was a gradual process. Malaysia welcomed the commitments expressed and those implemented by the Cambodian Government. The international community was encouraged to continue lending its support as well as providing technical assistance to the Government.
RACHEL WHITE ( Australia ) said, as with other country mandates, the Special Representative for Human Rights in Cambodia had continued to play an important role in maintaining international focus on the situation in Cambodia, and contributing in real and important ways to the protection and promotion of human rights there in the way that mattered most – for the people on the ground. There remained room for improvement of election processes in Cambodia, as in other countries, including voter participation and election administration, which should be impartial. Australia continued to work with Cambodia in that regard, and to promote democratic development and civil participation, as well as strengthening judicial processes.
DRAHOSLAV STEFANEK ( Slovakia ) said, with reference to the questions already posed to the Special Representative on human rights in Cambodia, that Slovakia was pleased to hear the update to the report. The Office of the High Commissioner for Human Rights (OHCHR) in Cambodia was working on land concessions. OHCHR had come, in the course of its monitoring of that situation, to the conclusion that there was a problem with the implementation of the law, rather than with the law itself. The Special Representative was asked which mechanisms should be provided to access already approved land concessions.
JAN LEVIN ( United States ) supported the continuing work of the Special Representative in Cambodia. Although Cambodia continued to undergo a difficult transition, there had been positive developments, in particular with regard to trafficking in persons. The United States commended Cambodia for the peaceful and generally positive local elections in January. However problems, in particular with elector registration, remained. The United States also remained concerned about the pervasiveness of corruption in the legal process, eroding the judiciary's ability to uphold the rule of law. The United States believed a robust independent judiciary, along with a vibrant civil society, would allow Cambodia to make progress on democratic reform. The Government was encouraged to advance its national reconciliation process.
Concluding Remarks by the Special Representative of the Secretary-General on Human Rights in Cambodia
YASH GHAI, Special Representative on Human Rights in Cambodia, referring to the trial of trade unionists, said he had met the widow of the trade unionist that had been killed, and also with the spouses of the accused, who had now been sentenced to very long terms of imprisonment. He did not know how much could be done. The trial had shown the weakness of the judiciary. One way to deal with the problem would be to strengthen two institutions: the Constitution Council, which protected the Constitution; and the Supreme Council of the Magistracy, which protected the independence of the judiciary. Neither of those institutions had performed their tasks, and consequently there was no protection against intervention by the Government. It seemed that a possibility would be to set up an independent investigation – although it was highly improbable the Government would agree to that. The Chief of Police at that time had since admitted that he had been instructed to frame these two persons, he had now fled to Cambodia and was languishing in jail there. The woman who had witnessed the actual killing of the trade unionist had fled to Thailand, and had since signed an affidavit saying that the persons arrested were not those who had carried out the murder. One way out might be to make a request to the King for a royal pardon, but while it was in the King's prerogative to grant pardons, in practice it was the Government which decided whether a pardon would be given.
As far as efforts by the international community, Mr. Ghai said that foreign assistance should be linked to the improvement of the judicial and legal system. The United Nations treaty body system should also pay more attention to the situation in Cambodia. Cambodia had been very remiss in making its reports to treaty bodies, and they could now, under new procedures, review the situation in the country in the absence of a report. Some consideration should also be given to trade sanctions concerning goods that were exploited illegally in the country.
Concerning land concessions, there was new legislation which the Special Representative had discussed in detail in his new paper. That legislation provided a very good framework for the review of existing concessions. It allowed sanctions when the concession terms had been violated, and there was a whole series of provisions requiring review and authorizing the cancellation of concessions. The Special Representative had looked at what measures had been undertaken by the Government to undertake those reviews, and had found that almost no such reviews had been made. A technical secretariat had been set up, but what was needed was a totally independent mechanism for the review of those land concessions.
Right of Reply
YASH GHAI ( Cambodia ) called for the Council to review the Special Representative's position. His words had been unacceptable, and so here Cambodia called upon the Council to take note that it would no longer accept the Special Representative's mandate in Cambodia.
Statements by Non-Governmental Organizations on the Situation of Human Rights in Cambodia
LAO MONG HAI, of Asian Legal Resource Centre , said the Special Representative on human rights in Cambodia should explain what the Council and the Government of that country could do to address the human rights situation there. There was a serious absence of the rule of law in Cambodia, an absence that was characterised by the judiciary's failure to protect the human rights and freedoms of the Cambodian people. The highest priority should be given to ensuring that Cambodia was governed by the rule of law and the respect for human rights, with a judiciary that was independent from any political control.
TOMAS ALARCON, of Comision juridica para el autodesarollo de los pueblos originarios andinos, said that the country specific mandates had looked in some cases at the violations of human rights of indigenous people. However, in every country with indigenous people violations of their human rights were taking place. The Special Representative on Cambodia had identified serious violations of human rights. A specialized body for indigenous people was needed. New standards for indigenous people should be found. If such a special body could be set up, justice could be given to the indigenous people.
3 comments:
According to the frequent efforts of UN's representatives including Peter and Ghai are essential under the legal law of international agreements.
But what we have noticed from the outraged and wild blasting of PM Hun Sen to those representatives, have had something immensely hidden behind:
1. It is inevitably to say that "CPP is under the pressure or maneuvering of VN to eliminate or indinigfy the Paris Peace Agreement"
2. To legitimize its invasion in January 7, 1979, VN has to indignify all international standards of law and agreements within Cambodia.
With efforts by Vietnam, we can notice:
1. Legalization of out law treaties signed by CPP leaders during their absolute occupation
2. Establishing unusual borders concessions land like Triagle border, buring border poles or recent agreement on golf field building...etc
3. Encouraging Vietnamese's business tycoons to earn more money from their huge beneficial concessions like Sokimex in controling Angkor Wat Temple, wonder of the world.
If we say on behalf of Cambodian citizens, we should value the international standard of law as well as the respect of Paris Peace Agreement, but look at CPP government, do they have intention to celebrate Paris Peace Agreement Day of Oct.23? and dignify it as the survival of Cambodia nation...???
So we are Cambodian people recognize and value the reports of those UN's representatives because they make Paris Peace Agreement alive for our rebirth of nation, land and lives.
KY
Halaluya to KY!!!
Keep talking you the betrayals of Paris Agreement, let us live in suffering as a low class humanbeing, and go to hell with you all!
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