Many of Cambodia's urban poor are in danger of eviction - a significant human rights concern for many activists today (Photo: Geoffrey Cain/IRIN)PHNOM PENH, 30 October 2008 (IRIN) - A week after UN rights envoy Yash Ghai resigned his post in September, the UN Human Rights Council (HRC) downgraded the special representative position in Cambodia to Special Rapporteur, sparking fears the UN is reducing its commitments in the country.
Under the new system, the rapporteur reports to the HRC, not to Secretary-General Ban Ki-moon.
"The rapporteur position is slightly downgraded, but the mandate remains essentially the same as the special representative," Christophe Peschoux, director of the UN's Office of the High Commissioner for Human Rights (OHCHR) in Cambodia, told IRIN.
Former envoy Ghai, a Kenyan lawyer, had experienced repeated personal attacks from Cambodian Prime Minister Hun Sen after his criticisms of the government.
"This is a question of personality, and interpretation about how to conduct this sensitive mandate, not of the mandate itself," Peschoux said. "The Prime Minister said he will never receive Yash Ghai but will receive his successor, who is to be appointed by the Council."
Rather than being limited only to Cambodia, Peschoux said the change was part of a wider consolidation trend among member states to simplify UN human rights procedures.
Human rights concerns
According to a report by Ghai, land laws are "regularly" violated "with impunity by influential individuals, companies and government entities".
Minister of Information Khieu Kanharith could not be reached to comment on Ghai’s report despite repeated phone calls.
Adhoc, a Cambodian human rights watchdog, estimated 50,000 people were evicted for development in 2006 and 2007. Licadho, another Cambodian NGO, said 30,000 have been displaced by evictions in the past five years.
"It appears that the office [OHCHR] is not holding the Cambodian government ... to its promises on UN conventions," Ou Virak, director of the Cambodian Center for Human Rights, told IRIN. "The government has failed to file its human rights report to the [UN] Human Rights Committee in the past."
"The new programme [the special rapporteur] means the UN and government are making weak compromises on human rights," Pa Ngoun Teang, secretary-general of the Cambodia human rights working group for the Association of Southeast Asian Nations (ASEAN), told IRIN.
But Peschoux said cooperation made more sense than stirring controversy.
"My experience with several major international human rights and humanitarian organisations, with different approaches to human rights protection," he said, "has taught me that there is no effective rights protection without effective dialogue and practical engagement with those who have the power to effect changes, [which are] government authorities."
Embattled history
The UN special representative and Cambodian government have been at loggerheads over rights issues since 1993, after the UN peacekeeping force (UNTAC) completed its mandate.
"The law of the gun has been replaced with the law of the dollar," Peschoux said, having worked for OHCHR from 1993 to 1999 before he returned in 2007. "The 1990s was a decade that was heavily influenced by the previous 30 years of conflict. This really was a post-conflict situation."
This decade, Peschoux said, is "marked by peace and its consolidation" and issues of development have taken over from issues of violence.
"Another form of violence has appeared, generated by unregulated economic development practices, violence against the poor and the most vulnerable," he said.
Under the new system, the rapporteur reports to the HRC, not to Secretary-General Ban Ki-moon.
"The rapporteur position is slightly downgraded, but the mandate remains essentially the same as the special representative," Christophe Peschoux, director of the UN's Office of the High Commissioner for Human Rights (OHCHR) in Cambodia, told IRIN.
Former envoy Ghai, a Kenyan lawyer, had experienced repeated personal attacks from Cambodian Prime Minister Hun Sen after his criticisms of the government.
"This is a question of personality, and interpretation about how to conduct this sensitive mandate, not of the mandate itself," Peschoux said. "The Prime Minister said he will never receive Yash Ghai but will receive his successor, who is to be appointed by the Council."
Rather than being limited only to Cambodia, Peschoux said the change was part of a wider consolidation trend among member states to simplify UN human rights procedures.
Human rights concerns
According to a report by Ghai, land laws are "regularly" violated "with impunity by influential individuals, companies and government entities".
Minister of Information Khieu Kanharith could not be reached to comment on Ghai’s report despite repeated phone calls.
Adhoc, a Cambodian human rights watchdog, estimated 50,000 people were evicted for development in 2006 and 2007. Licadho, another Cambodian NGO, said 30,000 have been displaced by evictions in the past five years.
"It appears that the office [OHCHR] is not holding the Cambodian government ... to its promises on UN conventions," Ou Virak, director of the Cambodian Center for Human Rights, told IRIN. "The government has failed to file its human rights report to the [UN] Human Rights Committee in the past."
"The new programme [the special rapporteur] means the UN and government are making weak compromises on human rights," Pa Ngoun Teang, secretary-general of the Cambodia human rights working group for the Association of Southeast Asian Nations (ASEAN), told IRIN.
But Peschoux said cooperation made more sense than stirring controversy.
"My experience with several major international human rights and humanitarian organisations, with different approaches to human rights protection," he said, "has taught me that there is no effective rights protection without effective dialogue and practical engagement with those who have the power to effect changes, [which are] government authorities."
Embattled history
The UN special representative and Cambodian government have been at loggerheads over rights issues since 1993, after the UN peacekeeping force (UNTAC) completed its mandate.
"The law of the gun has been replaced with the law of the dollar," Peschoux said, having worked for OHCHR from 1993 to 1999 before he returned in 2007. "The 1990s was a decade that was heavily influenced by the previous 30 years of conflict. This really was a post-conflict situation."
This decade, Peschoux said, is "marked by peace and its consolidation" and issues of development have taken over from issues of violence.
"Another form of violence has appeared, generated by unregulated economic development practices, violence against the poor and the most vulnerable," he said.
12 comments:
MOTHER FUCKERS PLAYING GAME WITH OUT LIFE MAY EARTH QUAKE KILLE THEM ALL!!!!!!!!!!!!!!!
In Srok Khmer won't have the earthquake, thank you to our beloved Samdech Hun SenVarman's magnificent warning, which he and his CPP would not help digging the wells for the poor and miserable Khmer, becuase the digging wells would be disastriously created the earthquake!
This is called HUN SEN win-win strategy. Or HUN SEN prosperous developments.
Wow! What ashame with this government.
Why on earth Cambodia is the poorest nation?
Didn't HUN SEN said his government will not let his people goes hungry?
HUN SEN, You will follow Saddam Hussien foot's step pretty soon.
If you don't fix the win-win strategy your people will uprise or revolt against your familie's run government.
Khmer Sralanh Khmer,
Over 20 years Cambodia ruled by uneducated
and the criminal people call Cambodian People Party (CPP).
The poor uneducated became rich and powerful,
and the educated people were left with nothing.
This government CPP stealing country asset cut the forest sell
to oversea, billions dollars gone into their pockets, stole tax money
and land grabbing from the poor.
They murder who against the government CPP.
The only way to eliminate the fraud and corruption
in Cambodia is to remove Hun Sen (the ex-Khmer rouge)
and his gangster CPP out from the power.
Hey hey hey ,Don't blame me.After all i liberate them from POLPOT remember .Now ,don't you think i should enjoy the fruit of my labor ?.
Samdech akeak moha sena decho.
I recommend to all party, Cambodia should rewrite or implement the consititution to limit only 2 four years rule like USA. We need this to change.
We can't let same person or individual to control the country for 20 years. Look at HUN SEN administration, how long those old farts hang on to their position and nothing has developed or progress cause we have the same person sits there.
We need change or People's Power!!
Khmer PP,
I agreed, I am so also support the implementation of the constitution.
We need to liberate our people from HUN SEN's gangsters.
CPP is going down!!!
Khmer Mouy Jivit!!
Well, what can you do ? Start a new revolution ? We just have an election and people still vote for them.Let's the khmers people enjoy more hell.
2:08 am,
Majority Cambodian are not vote for ah kwack Hun Sen.
Ah kwack stole the votes.
Well, if the whole country are too scare to resist a few un educated people. Let them enjoy the misery.
I thought many young Cambodian are more educated now. May be I was wrong as only that same man dare to stand up against the CPP. Thais definately more brave.
If khmer country have lots of asshole in this forum khmer country will go back to the pol pot regime again.People in this forum just too much pessimistic.
It is this type of jaded attitude by Peschoux that will ensure that the Human Rights in Cambodia will never get the attention it NEEDS on the international stage.
His observation is right that the law of the gun has been replaced with the law of the dollar, but anyone in Cambodia can tell you that.
I am sick of hearing this patronising pontificating from people who love to tell others that they were there in Cambodia when it first opened up after the fall of the KR and that they changed things so much. Fair enough they did that, but if they have no appetite to continue with the change that Cambodia STILL REALLY needs then they are only collecting their paycheck from the UN and doing nothing more.
Ghai left and those in the OHCHR were probably glad to see him go because he was too controversial. He called things as they were, why, because he couldn't even get a meeting with Hun Sen to discuss anything in the first place, what else is he supposed to do?
When the sh*t hits the fan in Cambodia, and eventually it will, no-one who has an interest in Cambodia should tolerate the head buried in the sand attitude or the pleas of ignorance of the UN Human Rights Office that they didn't know what was really going on in Cambodia. There has been more than ample reporting from their own reperesentatives and the local NGO's in Cambodia on the situations of forced evictions, corruption, violence, and intimidation that STILL GOES ON in Cambodia Mr Peshcoux. Violence is still violence no matter who it is directed at.
This will continue as long as the OHCHR continues to be a pawn in the larger UN strategy of appeasing dictators for the sake of perceived geo-political gains. The CPP will always be closer to China that the West, no matter how much money you dangle in front of them.
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