Phnom Penh (Cambodia). 12/12/2008. Human Rights Day celebrations (Photo: John Vink / Magnum)15-12-2008
By Duong Sokha
Ka-set in English
Click here to read the article in French
Click here to read the article in Khmer
More than two years ago, on the occasion of a regional conference for the creation of a national body for the promotion and protection of Human rights, Cambodian prime Minister Hun Sen declared he was in favour of the establishment, in Cambodia, of a “National Human Rights Commission”. The head of government also mentioned his wish to see Cambodia become the fifth country-member of the Association of Southeast Asian Nations (ASEAN) after Malaysia, Indonesia, the Philippines and Thailand, to create such an institution. The Cambodian government went as far as to ask representatives of the civil society to work on a text which should later serve as a pattern for a draft law concerning the Commission. A first draft has been finalised and presented on December 6th and 7th to about sixty representatives of local Human rights NGO, the Government, the two Chambers of Parliament and the Office of the High Commissioner of Human Rights (OHCHR). The conference gathered the officials in the city of the Angkor temples, Siem Reap, and was attended by Thai and Filipino experts who came there to share their own experience in that matter.
NGOs mainly worried about independence, power and budget autonomy
The first draft of the text elaborated by the main NGOS working in the field of Human rights in Cambodia became the focus of the attention at the beginning of December and does not yet take into account the government's recommendations. But voices soon emerged, denouncing their fear to see several fundamental points of the text being set aside by the authorities, starting with articles giving precisions about the independence of the body, stipulated by the Paris Agreements signed on October 23rd 1991.
“Independence means that this institution shall be free to lead investigations, that its budget will be autonomous”, Ou Virak, president of the Cambodian Centre for Human Rights , observed. “The members of the future Commission will also enjoy immunity so they can lead their missions correctly.” “In the Philippines, immunity is even given to informers to protect them from potential reprisal”, he stressed, declaring straight away that he would firmly insist on these elements, for them to be taken into account and kept in the text.
A large scope of powers
Representatives of the civil society, directly involved in the creation of what the Commission shall eventually look like, are trying to insist on the large scope of the powers conferred to the Commission, claiming it shall be entitled to issue judicial summons for suspects; to proceed to requisitioning; to receive and gather evidence; to order the government and state institutions to provide reports and statements while respecting the deadlines defined beforehand as part of investigations; to protect witnesses and informers by requiring the intervention of the authorities linked with the matter; and to cover the expenses of witnesses who came to testify before the Commission.
“The members of the Commission shall also be entitled to go and visit prisons without warning the institutions' managers [in order to observe conditions of detention]. If they notice any irregularity, they shall be entitled to draft a report and send it to the National Assembly so that a solution in compliance with the Paris Agreements can be reached”, Ou Virak detailed.
On top of these important powers would come the right for the Commission, in the event of an obvious case of Human rights violation, to ask the executive power, Ministers and Directors of Departments to suspend civil servants involved in a legal case until the proceedings and investigations are closed. The Commission shall also be able to open investigations without having to wait for complaints to be lodged.
To conclude, the Commission shall also be entitled to give its opinion and recommendations to the government regarding bills or regulations that may possibly affect Human rights, but also regarding the drafting of the annual report addressed to the United Nations concerning the situation of Human rights in Cambodia.
What budget and what means?
With regards to the budget, NGOs demand that it be attributed every year to the Commission, directly via the National Assembly, regardless of the “budget package” given to the government, and after a distinct vote and procedure. Besides, the Commission shall be able to receive financial assistance from donor countries and private support, with the exception of local commercial companies. “The government, for their part, would like to see the Ministry of Economy in charge of the Commission's budget. But if it were the case, it would not be independent and that would, once again, contravene the principles of the Paris Accords put forward by Samdech Prime Minister Hun Sen”, Ou Virak explained.
The draft law might suffer a makeover
The list of requirements expressed by the civil society concerning the Commission are far from being insignificant and might well be set aside from the final draft presented to the Council of Ministers, before the latter is discussed by deputies and senators. The procedure has already been delayed... The working group of the civil society, in charge of drafting the bill, sent its text to the Human Rights Committee, a governmental body directed by Om Yintieng, in September 2007, in order to have the authorities' point of view on it. As of today, no official reaction has come from the text although, according to Mak Sambath, deputy chairman of the government's Human Rights Committee, the government would like to create the Commission as soon as possible.
“The government's working group also need to examine the document for the law to be in compliance with the Paris Agreements”, he justified. “The text should suit perfectly. But the civil society still needs some time to make citizens aware of it. Therefore, this task does not depend on the government but on local NGOs in charge of the drafting”, he observed. Not willing to express his views about the three key-matters (independence, power and budget), the high-ranking official simply answered that the Commission would be independent if the law said so. “If the law stipulates that it will be independent, then yes, it will be”, he commented.
NHRC and governmental Human Rights Committee, two different bodies
The Commission will neither be under governmental control nor benefit from the full status of 'non-governmental organisation' but will rather be a hybrid body, different from the existing Human Rights Committee. “By request of the government, the latter takes or interprets cases of Human rights violations. The current Committee is in fact a simple assistant of the government and is not independent”, Ou Virak indicated.
To the deputy chairman of the Human Rights Committee Mak Sambath, the NHRC would rather be a big institution that would cover local Human rights NGOs, parliamentary commissions for Human rights, governmental bodies for Human rights and international relations.
NGOs mainly worried about independence, power and budget autonomy
The first draft of the text elaborated by the main NGOS working in the field of Human rights in Cambodia became the focus of the attention at the beginning of December and does not yet take into account the government's recommendations. But voices soon emerged, denouncing their fear to see several fundamental points of the text being set aside by the authorities, starting with articles giving precisions about the independence of the body, stipulated by the Paris Agreements signed on October 23rd 1991.
“Independence means that this institution shall be free to lead investigations, that its budget will be autonomous”, Ou Virak, president of the Cambodian Centre for Human Rights , observed. “The members of the future Commission will also enjoy immunity so they can lead their missions correctly.” “In the Philippines, immunity is even given to informers to protect them from potential reprisal”, he stressed, declaring straight away that he would firmly insist on these elements, for them to be taken into account and kept in the text.
A large scope of powers
Representatives of the civil society, directly involved in the creation of what the Commission shall eventually look like, are trying to insist on the large scope of the powers conferred to the Commission, claiming it shall be entitled to issue judicial summons for suspects; to proceed to requisitioning; to receive and gather evidence; to order the government and state institutions to provide reports and statements while respecting the deadlines defined beforehand as part of investigations; to protect witnesses and informers by requiring the intervention of the authorities linked with the matter; and to cover the expenses of witnesses who came to testify before the Commission.
“The members of the Commission shall also be entitled to go and visit prisons without warning the institutions' managers [in order to observe conditions of detention]. If they notice any irregularity, they shall be entitled to draft a report and send it to the National Assembly so that a solution in compliance with the Paris Agreements can be reached”, Ou Virak detailed.
On top of these important powers would come the right for the Commission, in the event of an obvious case of Human rights violation, to ask the executive power, Ministers and Directors of Departments to suspend civil servants involved in a legal case until the proceedings and investigations are closed. The Commission shall also be able to open investigations without having to wait for complaints to be lodged.
To conclude, the Commission shall also be entitled to give its opinion and recommendations to the government regarding bills or regulations that may possibly affect Human rights, but also regarding the drafting of the annual report addressed to the United Nations concerning the situation of Human rights in Cambodia.
What budget and what means?
With regards to the budget, NGOs demand that it be attributed every year to the Commission, directly via the National Assembly, regardless of the “budget package” given to the government, and after a distinct vote and procedure. Besides, the Commission shall be able to receive financial assistance from donor countries and private support, with the exception of local commercial companies. “The government, for their part, would like to see the Ministry of Economy in charge of the Commission's budget. But if it were the case, it would not be independent and that would, once again, contravene the principles of the Paris Accords put forward by Samdech Prime Minister Hun Sen”, Ou Virak explained.
The draft law might suffer a makeover
The list of requirements expressed by the civil society concerning the Commission are far from being insignificant and might well be set aside from the final draft presented to the Council of Ministers, before the latter is discussed by deputies and senators. The procedure has already been delayed... The working group of the civil society, in charge of drafting the bill, sent its text to the Human Rights Committee, a governmental body directed by Om Yintieng, in September 2007, in order to have the authorities' point of view on it. As of today, no official reaction has come from the text although, according to Mak Sambath, deputy chairman of the government's Human Rights Committee, the government would like to create the Commission as soon as possible.
“The government's working group also need to examine the document for the law to be in compliance with the Paris Agreements”, he justified. “The text should suit perfectly. But the civil society still needs some time to make citizens aware of it. Therefore, this task does not depend on the government but on local NGOs in charge of the drafting”, he observed. Not willing to express his views about the three key-matters (independence, power and budget), the high-ranking official simply answered that the Commission would be independent if the law said so. “If the law stipulates that it will be independent, then yes, it will be”, he commented.
NHRC and governmental Human Rights Committee, two different bodies
The Commission will neither be under governmental control nor benefit from the full status of 'non-governmental organisation' but will rather be a hybrid body, different from the existing Human Rights Committee. “By request of the government, the latter takes or interprets cases of Human rights violations. The current Committee is in fact a simple assistant of the government and is not independent”, Ou Virak indicated.
To the deputy chairman of the Human Rights Committee Mak Sambath, the NHRC would rather be a big institution that would cover local Human rights NGOs, parliamentary commissions for Human rights, governmental bodies for Human rights and international relations.
11 comments:
You ought question to BRAD ADAM!
Cambodia must wait until Hok Lundy will come back,to have its own really independant Human Right Body.
Cambodian people are clever, smart, honesty harmless other countries, the big problem is we don't trust the same cambodian! that makes cambodian lost indigrity.
It's true. Cambodian people are hopless. They can't trust the Government and its institutions, especially the Judicial system.
You trust them?
There must be radical CHANGES of the present SYSTEM to make people trust the Government.If no, they fust say Yes, yes,yes....because of FEAR and HATRED....
Don't think that you must be proud of your majority at the National Assembly.
You must have a least pity to the people by reducing the government size, the number of parasite advisers, the number of generals or Phkay Chor, the number of OKNHA and Chumteav Chumteng, Chumted,the number of governors and vice governors at provincial and District level..., not to mention reduciung the pandemic corruption at all levels......
Don't use the construction of infrastructures as a cover-up of the corruption and the Human right abuse....
Don't wait until Hok Lundy will come back. Don't wait You will join Hok Lunly, the hated man in Cambodia who received innumerable Bandassa from people after his death.
Hun Sen had mentioned many times :
" It'll be a Peasant Revolution "
His words are always coming true.
He said : " Lightning "....and the lightning was hit his butcher,Hok Lundy.
He believes himself who is reincarnated from Sdech Kan but he's an ignorant to know that Sdach Kan was beheaded off at the end his life.(see Mohaboross Khmer)
this is a good political body to have for cambodia. i mean, after all, somebody got to keep a watchdog over cambodia, right? make sure it will do a good job and stay neutral, perhaps! god bless cambodia.
Money better spends elsewhere than the useless HR commission.
is it all about the money or good governance? depends on which one one picks, then, it will determine with to have this HR or not! because not everybody would to see it or vice versa. so, the final decision should be based on the needs of cambodia, not whether an individual interest wants it or not! keep in mind, it's about the country and how the majority of the people want it, not by an individual interest. mind, how people tend to forget so soon! thank you.
2:25AM do the majority can do any thing to Minority?
Waht real devide Cambodia from interest of it individual citizen?
If the concres men MP do their jobs, we need no body else to watch over ah Kwack!!!
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