Excerpt from Report of the Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai
CONCLUSIONS AND RECOMMENDATIONS
99. Year after year, the Special Representative’s predecessors and others have addressed the problems of the legal and judicial system in Cambodia and made numerous recommendations, to no avail. The Government has no incentives for reform, as the international community continues to make large financial contributions regardless of widespread violations of human rights.
100. A distinguished Cambodian legal scholar recently commented that “the Government is the least serious about the legal and judicial programme”. The World Bank shelved a project because of “a lack of senior-level commitment to the implementation of a concerted legal and judicial reform agenda within the Executive and Judicial branches of the Government”. Another donor has said that numerous plans and councils on good governance are “little more than a studied attempt to tell donors what they want to hear”.
101. The Government has primary responsibility for the rule of law. The Special Representative would stress the following recommendations, many of which were made previously:
102. The Special Representative stresses the important contribution of civil society (including non-governmental organizations, lawyers, universities, think tanks and other educational and research institutions) to the common effort to establish the rule of the law. He encourages them to pursue their efforts, with determination, patience and courage, in a spirit of openness, dialogue and cooperation with the government authorities. They should continue to provide people with information about human rights, institutions and remedies, and with a voice when the administration, lawmakers and the judiciary do not listen. Discussion with the people about the Special Representative’s reports and feedback should be encouraged.
103. Educational institutions and NGOs should engage the public, through seminars, media and publications, on the procedures and practices as well as the rulings and judgements of ECCC, to create awareness of the meaning and importance of the rule of law.
104. To be seriously considered and implemented by the Government, the recommendations of the successive Special Representatives need to be endorsed and supported by foreign Governments and international agencies.
100. A distinguished Cambodian legal scholar recently commented that “the Government is the least serious about the legal and judicial programme”. The World Bank shelved a project because of “a lack of senior-level commitment to the implementation of a concerted legal and judicial reform agenda within the Executive and Judicial branches of the Government”. Another donor has said that numerous plans and councils on good governance are “little more than a studied attempt to tell donors what they want to hear”.
Recommendations to the Government
101. The Government has primary responsibility for the rule of law. The Special Representative would stress the following recommendations, many of which were made previously:
• The Government must respect the independence of all prosecutors and judges, including those (and defenders and administrative staff) within ECCC.
• The Government must devote more resources to the justice sector. Efforts to train lawyers and to recruit prosecutors and judges should continue and the aim should be for everyone to be within easy reach of a court and for delays in proceedings to be minimized.
• The Government should appoint a committee drawn from Government, the BAKC, human rights NGOs and local and foreign experts, to advise on the organization of legal aid. Its recommendations should be implemented speedily.
• The Government must promote respect for the rule of law within the State and society. It must set the example, as guardian of the Constitution and the law. Laws must be implemented fairly and fully and effective remedies for the violation of rights ensured, if people are to trust the notion of rule of law.
• The Government must urgently enact laws on demonstrations and anti-corruption, ensuring that they comply with the Constitution and human rights standards.
• The Government must protect the rights of indigenous persons and others who, due to illiteracy, customary practices and expectations, communal forms of organizations etc., are not familiar with the law or its procedures, the rules for making of economic transactions or with the market economy. Steps must be taken to ensure that State authorities, including communes, are no longer involved in transactions of dubious morality or law that undermine the rights of these communities and individuals.
• The Government must do all it can to stop forced evictions. It must never be complicit in unlawful evictions. Internationally accepted guidelines must be observed, including the principles that nobody should be made homeless as a result of development-based evictions, the full and informed consent of those targeted for eviction. Evictions should be carried out only in exceptional circumstances, and solely for the purpose of promoting the general welfare in a democratic society. The use of force should be prohibited. No one should be imprisoned in relation to protecting their rights to land and housing and anyone detained in this context should be released. 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.
• The Government must establish an independent authority to receive complaints about maladministration by the State (including institutions of justice). A Human Rights Commission fully established on the Paris Principles could be given this task.
• The Government must respect the duty and right of civil society to promote and protect human rights and observe United Nations resolutions on the rights of human rights defenders. No restrictions should be placed on reasonable activities of local communities and non-governmental associations.
• The Government must deal fairly with specific cases brought to its attention in recent reports of the Special Representatives and human rights organizations, including the circumstances in which the Venerable Tim Sakhorn disappeared. These steps should include justice for the alleged killers of union leader Chea Vichea and bringing to justice his real killers.
Recommendations to civil society actors
102. The Special Representative stresses the important contribution of civil society (including non-governmental organizations, lawyers, universities, think tanks and other educational and research institutions) to the common effort to establish the rule of the law. He encourages them to pursue their efforts, with determination, patience and courage, in a spirit of openness, dialogue and cooperation with the government authorities. They should continue to provide people with information about human rights, institutions and remedies, and with a voice when the administration, lawmakers and the judiciary do not listen. Discussion with the people about the Special Representative’s reports and feedback should be encouraged.
103. Educational institutions and NGOs should engage the public, through seminars, media and publications, on the procedures and practices as well as the rulings and judgements of ECCC, to create awareness of the meaning and importance of the rule of law.
Recommendations to the international community,
including United Nations institutions
including United Nations institutions
104. To be seriously considered and implemented by the Government, the recommendations of the successive Special Representatives need to be endorsed and supported by foreign Governments and international agencies.
• The international community should set up or facilitate the setting up of an independent expert commission to review the working of the legal and judicial system, to make recommendations, and to report annually to the international community and the Royal Government of Cambodia, one month ahead of the consultations between the Government and the donors and lenders. The commission should develop effective and realistic criteria to assess progress, paying particular attention to the enforcement of the law and the independence of the prosecution and judges. The report should form the basis of consultations.Note: The chief monk of Phnom Denh pagoda in Takeo Province and an ethnic Khmer from Southern Viet Nam was defrocked on the order of the Chief Patriarch on grounds that his activities in providing shelter to monks from the Khmer Krom minority in Viet Nam fleeing alleged religious persecution had undermined good relations between Cambodia and Viet Nam. He was then driven away by unidentified persons and his whereabouts were unknown until August when he appeared in custody in Viet Nam.
• Foreign Governments or agencies providing assistance in drafting laws must ensure that the law they are proposing is consistent with human rights. This raises no difficulties in respect of Cambodia’s sovereignty. This is also an international obligation of each and every Member State of the United Nations, under the Charter and under the treaties they have ratified.
• Foreign embassies, collectively or bilaterally, should engage the Government in dialogues on human rights and urge the Government to stop the most egregious violations. They should emphasize that respect for human rights is an essential basis of the partnership between them and the Cambodian State and people, and for the pursuance of a development process that places human beings and environment at its heart, rather than unlimited profit and greed, at its heart.
• Since the Constitutional Council has stated that human rights treaties are binding, it is necessary that the decisions of the treaty bodies and of international and foreign courts and tribunals should be taken into account when applying the law. This approach would reinforce the impact that ECCC is expected to have on improvements in the Cambodian legal and judicial system. OHCHR should translate and disseminate major interpretations and conclusions of the treaty bodies.
32 comments:
"The Government has no incentives for reform, as the international community continues to make large financial contributions regardless of widespread violations of human rights."
---This is the diplomatic and good wishing of Yash Gai for ordinary Cambodian peoples, and to dictate constructive criticism to Hun Sen administration as well.
But why Hun Sen and his cronies attacked and insulted Yash Gai severely?
Is this an act of Cambodian leader to serve Cambodian citizens or to serve foreigner?
KY
Well, we certainly ain't gonna allowed any dog to bark senselessly in our country.
We don't serve Dog, we serve our people, and we know what they need and what they want. Dog doesn't know shit.
Especially the dog from Hanoi..
Yes, but there is no dog from Hanoi is barking at us senselessly.
International community, please stop large financial contributions to the Cambodian government because most of large sum money would not go toward poor Cambodian. In fact, lots of it would go toward Hanoi government to feed its army so it can maintain its strength years after years.
Dog from Hanoi doesn't bark...it's (repeating, IT) holding Hun Sen by the neck and ready to choke Hun Sen to death anytime it pleases! got it, you freaking Viet troller, Hanoi's dog?
Who care? it is still a lot better than the Kanyan's Dog.
So you are a fucking Viet/YUON alright 7:20AM. Send your IP to The fucking Viet/Yuon Embassy and they will find out who you are...enough said?
Indeed enough said, now get back to your Vietcong's Shit Pit, will ya?
What part of "go home to Hanoi you Viet/Yuon" you don't understand you freaking Viet/Yuon troller???
My beloved Khmers!
Doesn't matter how many Ph.Ds which Samdech Dek Cho Hun Sen have received without attending any school, even one second, once he was a jungle boy with madness of insanity, therefore now he is still an illiterate old man with unhumanly madness of unspeakable insanity! These faking Ph.Ds can't intelligently change da man!
My brethren,eat honey because it is good, And the honeycomb which is sweet to your taste.So shall the knowledge of wisdom be to your soul,If you have found it,there is a prospect, And your hope will not be cut off.
Do you see a man who excels in his work?,He will stand before his people and he will not stand before unknown men.
wow.... you locals that banter back and forth about "Yuon" really do have you head up your ass don't you? what a bunch of fucking idiots. your country is going to shit, due to self-mutilation, and you still are blaming outsiders. why don't you look in the mirror you ignorant, greedy, stupid fuck? your own leaders are your problem, not the "Yuon"! and I thought the west was xenophobic.
God damn it! I hate to be astringently draconian on this UN lap dog, but this idiot is instigating too much trouble for the government, and I think he should not be set his foot on the Cambodian soil.
I think Yash Gai is the wrong envoy UN sent to Cambodia. First, he's a Kenyan from a country having a civil war and is worst than Cambodia. Second, Yash Gai went to Cambodia bashing Cambodian government and then want to meet Hun Sen. Common! Use your common sense, Are you going to open your door to an unknown mad man who comes to your door? I'll throw him out too.
Sah Touk ... Sah Touk, Brother!
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.
Yes, I agree with you to kick UN off in order to turn Cambodia into dictatorship, or one party country.
However, bring your theory to consult with Hun sen, will it work or not?
Your brain is like crap....you are good only in insulting and using irrational argument.
KY
2:09 PM
Perhaps you thought that you have cogent and impregnable argument, but you and the rest of our spacies are the same, and so does the UN pooch.
You people are fucking pathetic! You people make me sick to my stamach.
This fucking Khmer young is making me puke!
Certainly, his degenerative brain condition works like other retarded gorilla bastards who think they can lead Cambodia. Therefore, we say: stay the fuck out of Cambodia, and stick to your own spacies!
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.
You go, mate (2:44)!
Yash Ghai works for the CIA ?
And you Viet/Yuon troller @11:26 AM must get out of KI-Media now while you can...got that? Go home to Hanoi where you belong!
Leave Khmer people alone!
Do not interfere, do not sabotage Khmer people!
That is a tough question, 4:23. I am not sure if CIA will hire such a loser, but the UN will because they don't have to pay him too much, which in turn, allowed the corrupted UN to pocket more money. Do you get the picture?
Get out, Get out, Get out, You stupid ugly, hairy, stinky, filty, sweaty, and smelly Dog (Ghai)!
Without UN, Da Viet couldn't become a faiture of vietnamization on Khmer people. Despite ten years of occupation, 79-89's, Da Viet succeeded neither in imposing themselves militarily nor in changing the customs of the Khmer people. Paradoxically, despite the undeniable services they rendered, they savagely revived the inhabitants' hostility toward Khmer. Like I have mentioned before, without UN, Khmer would be completely became Khmer Krom!
someone got to keep an eye out for cambodia as there are well known human rights abuses happening there in the past. can't let the guard down so soon! got to show the world that cambodia has reformed a lot already!
I'll do that, and the rest of your Maggot Feeders get the fuck outta here, alright?
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!
Let's me take you back to 30years ago Mr.Hun Sen and the followers,In 1978-1979 alots of our people escaping to Thailand.
Most of our people had send back or drop off between border Thailand and Cambodia most did't make it,some of our people did make it.It was very difficalt time,But God send his helpers to save our people,Do you know who they are? Mr. Hun sen and the followers. Let's me tell you the truth the United Nations and the Red cross that save our people Mr.Hun Sen and the followers.If you don't like one person,Please don't hate the whole United Nations.Mr.Hun sen may be someone try to make you look bad or jealous than give the wrong informations to the UN (yash ghai),I am just a simple khmer person that love my Country and my people.
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