UN Envoy Reports 'No Incentive' for RightsBy VOA Khmer, Reporters
Original report from Phnom Penh
18 March 2008
Cambodia's government has no reason to reform "widespread violations of human rights," as the rule of law and rights of citizens are neglected, the UN special envoy for human rights has reported.
Yash Ghai, the UN secretary-general's rights envoy for Cambodia, is expected to address the 7th session of the UN Human Rights Council Wednesday, and to include findings of a report now available online.
"The government has no incentives for reform, as the international community continues to make large financial contributions regardless of widespread violations of human rights," Ghai wrote in his report to the Rights Council.
Repeated attempts to reach government spokesmen at the ministries of Information and Foreign Affairs were unsuccessful Tuesday, but officials have steadily denounced Ghai's rights reports. The government refused to meet with Ghai on a December visit, and Prime Minister Hun Sen has called for his ouster.
Ahead of Ghai's expected address, the Cambodian Ministry of Foreign Affairs issued a restriction on visas issued to Ghai through foreign embassies. In a letter obtained by VOA Khmer, the Ministry of Foreign Affairs ordered that visas for Ghai must be approved directly through the ministry.
Ghai's report is critical of the erosion of the rule of law and the constitution, and cautions against government involvement in land disputes, among other areas of concern.
"Laws, institutions [and] procedures critical to the rule of law are very little respected in Cambodia - especially by the State," Ghai reported.
The lack of respect for such laws meant many of the provisions in the constitution were negated, he wrote.
"Numerous reports by the Special Representatives and national and international organizations have highlighted serious consequences of this," he wrote. "For the most part, the Government has made no serious attempt to deny, much less refute, these findings or to take serious action to address these issues."
Ghai visited Cambodia in December, meeting with non-government agencies and residents who had been removed from their land. On that visit, he said land disputes were a source of destabilization for Cambodia.
Ghai recommended in his Rights Council report that the government "do all it can to stop forced evictions" and "never be complicit in unlawful evictions."
Residents should never be made homeless as a result of development, he wrote, and evictions should only be made in "exceptional circumstances, and solely for the purpose of promoting the general welfare in a democratic society."
Ghai shunned the use of force and imprisonment in cases related to land disputes, especially for those "protecting their rights to land and housing," and he called for the release of anyone who is currently jailed under such conditions.
"A moratorium on forced evictions should be declared, to allow the determination of the legality of land claims to be made in an objective and fair manner."
Ghai recommended the international community set up or help set up an "independent expert commission" to review the legal and judicial system and report annually to the donor community.
Ghai cited a report by the rights group Licadho, claiming the "justice system has failed."
"Despite the Untac intervention and 15 years of aid to legal and judicial reform, in 2007," the report, "The Charade of Justice," says, "the primary functions of the courts continue to be to prosecute political opponents and other critics of the government; to perpetuate impunity for State actors and their associates; [and] to promote the economic interests of the rich and powerful.”
For Yash Ghai's full Human Rights Council report, click here.
Yash Ghai, the UN secretary-general's rights envoy for Cambodia, is expected to address the 7th session of the UN Human Rights Council Wednesday, and to include findings of a report now available online.
"The government has no incentives for reform, as the international community continues to make large financial contributions regardless of widespread violations of human rights," Ghai wrote in his report to the Rights Council.
Repeated attempts to reach government spokesmen at the ministries of Information and Foreign Affairs were unsuccessful Tuesday, but officials have steadily denounced Ghai's rights reports. The government refused to meet with Ghai on a December visit, and Prime Minister Hun Sen has called for his ouster.
Ahead of Ghai's expected address, the Cambodian Ministry of Foreign Affairs issued a restriction on visas issued to Ghai through foreign embassies. In a letter obtained by VOA Khmer, the Ministry of Foreign Affairs ordered that visas for Ghai must be approved directly through the ministry.
Ghai's report is critical of the erosion of the rule of law and the constitution, and cautions against government involvement in land disputes, among other areas of concern.
"Laws, institutions [and] procedures critical to the rule of law are very little respected in Cambodia - especially by the State," Ghai reported.
The lack of respect for such laws meant many of the provisions in the constitution were negated, he wrote.
"Numerous reports by the Special Representatives and national and international organizations have highlighted serious consequences of this," he wrote. "For the most part, the Government has made no serious attempt to deny, much less refute, these findings or to take serious action to address these issues."
Ghai visited Cambodia in December, meeting with non-government agencies and residents who had been removed from their land. On that visit, he said land disputes were a source of destabilization for Cambodia.
Ghai recommended in his Rights Council report that the government "do all it can to stop forced evictions" and "never be complicit in unlawful evictions."
Residents should never be made homeless as a result of development, he wrote, and evictions should only be made in "exceptional circumstances, and solely for the purpose of promoting the general welfare in a democratic society."
Ghai shunned the use of force and imprisonment in cases related to land disputes, especially for those "protecting their rights to land and housing," and he called for the release of anyone who is currently jailed under such conditions.
"A moratorium on forced evictions should be declared, to allow the determination of the legality of land claims to be made in an objective and fair manner."
Ghai recommended the international community set up or help set up an "independent expert commission" to review the legal and judicial system and report annually to the donor community.
Ghai cited a report by the rights group Licadho, claiming the "justice system has failed."
"Despite the Untac intervention and 15 years of aid to legal and judicial reform, in 2007," the report, "The Charade of Justice," says, "the primary functions of the courts continue to be to prosecute political opponents and other critics of the government; to perpetuate impunity for State actors and their associates; [and] to promote the economic interests of the rich and powerful.”
For Yash Ghai's full Human Rights Council report, click here.
25 comments:
For the sake of Cambodian nation, Hun Sen and his advisers should calm down and ameliorate the situations.
For the interests of Cambodian nation, they should not attack or insult the fair report and constructive criticism of Yash Gai, UN's envoy.
I am a younger Cambodian are pathetic to the nation and her citizens to have some few leaders are so lunatic with outside constructive criticisms.
KY
Bullshit, the government has the obligation to protect their citizens from a mad attack dog.
Especially the dog form Hanoi..
In general,if you are in politic, especially the rulling party, you should learn to take criticisam from other people and you have to carefully think why people criticise you.
Mr.Yash Ghai, you are the hero for all Khmer people when Cambodia free from Hanoi pests. We (Khmer) will never forget you and your big heart fighting for our cause.
There WILL be no reform of any kind until the day VIETNAM is completley out of cambodia.
curruption is due to mainly vietnam and their influence in the cambodian goverment. UN need to see that and start the sanction on the vietnam government
As though that will help Ah Khmer-Yuon in Vietnam.
Snap out of it, stupid!
All Viet/yuon troller must go back to Hanoi...now! esp. this freaking Yuon @4:05AM
Back to your Vietcong's Shit Pit, Maggot Feeder.
Very easy! Send your fucking IP to the freaking Viet/Yuon Embassy..and they will find out who the fuck you are, fucking Viet troller!!!
My beloved Khmers!
Samdech Dek Cho Hun Sen will eventually have his last laugh, when the justice choking his neck and he will be sent the coffin directly to himself!
The Cambodian government do not need this idiot in the country. Perhaps this idiot should look at his native country (it's more productive, I believe).
God damn it! Does this UN pooch have any knowledge or understanding of the chain-of-command approach when dealing with our government, so that he can approach the government -- perhaps this time -- more friendly and not repugnantly pugnacious as he did previously.
I do not believe this son-of-bitch UN pooch deserve to be in the Cambodian soil to begin with.
It is my believe that by having this UN pooch in Cambodia is a severe violation of our principles and convictions in which we have tenaciously and unflinchingly underpinned. I say: kick this son-of-bitch UN lapdog out of Cambodia (should he continue to instigate more problems), and tell him to clean up his native country.
Yeah, and a lot of his crocks doesn't fill anyone belly nor relieved anyone from long hardship, except for a few illegal squatters.
Thus, there is no gain to read his report, and there is no lost to toss it in the trash.
UN cannot use approaching theory because Hun Sen's advisers have already abused UN's envoy since the beginning.
When Hun Sen's advisers are tending to drag Cambodia into China or Vietnam's style, why they have to allow or approach UN.
But they cannot do in immediately because they need lucrative budget from international communities.
KY
KY,
What the fuck are you talking about?
You have no fucking clue what constructive criticism is? Therefore, just shut the fuck up, and stop pontificate your bullshit on how we run the country.
The amelioration of the situation requires this UN pooch to cease and desist his attacks on the government. In fact, this pooch has done more harm than good to the country.
Now, a son-of-bitch like yourslef, Mr. young asshole -- if you will --would think that constructive criticism would ameliorate the situation ... perhaps you should conversely make your statement or assertion that contructive criticism is drastically (not draconianly)exacerbate the situation (not ameliorate, you asshole) when this UN pooch is handling the situation in Cambodia, while he has plenty of shit to clean up in his native country. And, for the sake of Mary, Joseph and Jesus ... why doesn't the fucking UN send this son-of-bitch to his native country where needed most? After all, he should share and appreciate his cultural and mindset similarity.
Yash Ghai is not impartial in his work on human rights in Cambodia.
Yash Ghai is a fanatic who makes politics(policy) of the subversion in Cambodia by to commit towards the political parties of oppositions anti governmental.
The Cambodian people in his majority are with the Royal Government.
This point determinedly seems to escape Yash Ghai.
God damn it! Don't you know that this UN pooch is a fucking walking zumbie who always likes to instigate trouble. Let's give him shit this time!
On the question of human rights in Cambodia, the majority of Cambodians is behind the Cambodian royal government against the political fanaticism Yash Ghai.
Only the political activists of the political party of the opposition ( sam rainsy and kem sokha) support Yash Ghai.
Yash Ghai is still credible as representing of the UN in human rights in Cambodia?
Yash Ghai is not welcome in Cambodia considering his extremism in human rights.
The dog from Hanoi is trained to attack anything human rights...
Yep, especially the corrupted Dog (Ghai).
The attack dog from Hanoi doesn't seem to affect Ghai as much since he continues with his criticism year after year...
Perhaps a new fresh breed from Hanoi to replace the soft one in PP?
Ah gorillas out of Cambodia! Forever CPP!
Perhaps now is the time for you to clean up the mess in Kenya! Now leave Cambodia!
Ah gorillas out of Cambodia!
I think Kenya has gone where no one has gone before.
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