Press Release: Asian Human Rights Commission
Cambodia: Functioning Judiciary Required For Rights To Become A Reality
Thank you Mr. President,
The Asian Legal Resource Centre (ALRC) welcomes the initial report of the Special Rapporteur on Cambodia, in particular the highlighted areas of priority for future work, namely: the freedom of expression, the independence of the judiciary, land and housing rights, impunity and prison reform.
The ALRC wishes to take this opportunity to underline the need for an end to long-standing delays by the government in implementing provisions of the 1993 Constitution of Cambodia, in particular concerning the functioning and independence of the judiciary.
The Constitution specifically stipulates that a number of laws need to be enacted, including a law on the statute of judges and prosecutors and a law on the organization of the judiciary. However, after 16 years, these laws are still missing. As a result, Cambodians are not entitled to be tried by an independent, competent and impartial tribunal, in practice. They are being tried by judges whose status has not been defined by law and by courts whose establishment has no legal basis under the Constitution.
The government has preferred to continue to apply an outdated law on the nomination of judges and the activities of courts, enacted during the country’s communist past, which is unconstitutional, does not live up to international standards and does not ensure the independence of the judiciary. This leads to corruption, favouritism for certain judges and infringements by the Ministry of Justice and the Executive on the workings of the judiciary.
In light of this, the ALRC firstly wishes to know whether the Special Rapporteur has taken up this issue with the Cambodian authorities and whether they have responded and shown any credible intent to take action to ensure the separation of powers and an independent judiciary? Has the government provided any time-frame for the enactment of the above laws, which are essential for there to be any hope of independence of the judiciary.
Finally, you have stated sensing a disconnect between national law concerning land rights and widespread land grabbing ongoing in the country. We firmly believe that without a functioning, independent judiciary there will always be a disconnect between the law and the enjoyment of rights in practice, notably concerning the mentioned issues of priority, and support your efforts in this regard, as well as the continuation of your mandate.
The Asian Legal Resource Centre (ALRC) welcomes the initial report of the Special Rapporteur on Cambodia, in particular the highlighted areas of priority for future work, namely: the freedom of expression, the independence of the judiciary, land and housing rights, impunity and prison reform.
The ALRC wishes to take this opportunity to underline the need for an end to long-standing delays by the government in implementing provisions of the 1993 Constitution of Cambodia, in particular concerning the functioning and independence of the judiciary.
The Constitution specifically stipulates that a number of laws need to be enacted, including a law on the statute of judges and prosecutors and a law on the organization of the judiciary. However, after 16 years, these laws are still missing. As a result, Cambodians are not entitled to be tried by an independent, competent and impartial tribunal, in practice. They are being tried by judges whose status has not been defined by law and by courts whose establishment has no legal basis under the Constitution.
The government has preferred to continue to apply an outdated law on the nomination of judges and the activities of courts, enacted during the country’s communist past, which is unconstitutional, does not live up to international standards and does not ensure the independence of the judiciary. This leads to corruption, favouritism for certain judges and infringements by the Ministry of Justice and the Executive on the workings of the judiciary.
In light of this, the ALRC firstly wishes to know whether the Special Rapporteur has taken up this issue with the Cambodian authorities and whether they have responded and shown any credible intent to take action to ensure the separation of powers and an independent judiciary? Has the government provided any time-frame for the enactment of the above laws, which are essential for there to be any hope of independence of the judiciary.
Finally, you have stated sensing a disconnect between national law concerning land rights and widespread land grabbing ongoing in the country. We firmly believe that without a functioning, independent judiciary there will always be a disconnect between the law and the enjoyment of rights in practice, notably concerning the mentioned issues of priority, and support your efforts in this regard, as well as the continuation of your mandate.
6 comments:
To be independent, all judges sitting in all Cambodia courts around the country before 1993 need to be fired and be replaced by new judges who are not associated with any political party. The same for all Police and military leaders are to be screened for free from political connection. These implementations need to be enforced by international communities before next budget. The Prime Minister shouldn't allow to live in a military stronghold like at present. All his bodyguards need to need dismantled or trannsfer into military baracks.
Areak Prey
Hi 10:33AM,
I respectfully and partially disagree with your comment re: "firing all of judges and polices." I don't think it is the solution. I truly think that,....so long as the Cambodian Government still is practicing the old school politics....the Kangaroo Court, the police brutality, and corruption will continue to haunt Cambodian nation. The ONLY solution that I think It will work is by electing new leader that is more open minded such as Sam Rainsy, Chea Sim, and those younger generation that are educated in the West....who truly understand the values of Democracy...and Basic Human Rights...etc...,Look at Hun Sen's son...I think he maybe different from Hun Sen if he is elected to be PM of Cambodia. Althougg he is not that educated but he is at least came to the US for an education at one the most prestique institution "West Point." He may understands the basic concept of Democracy....
Dear Poster 12:42PM,
Firing means sacking.
To archieve a good governance, you need a good system in which all public servants should be neutral from all political parties. It is a conflict of interest for a public servant paid by tax payers and working for his own party.
That is why I said that we need to fire all sitting judges as they have worked for CPP for a longtime and it very hard for them to accept other political party as elected members of Cambodian parliament. At present, many public servants in Cambodia think that opposition parties are troublemakers instead of legally elected lawmakers and are deserving to have respected and protected by all National Institutions.
Areak Prey
Areak Prey, my line of thought exactly. Awesome!
Hi Areak Prey,
With respect to your lastest comment! I agreed in part that good governance requires clean slates of any level public sectors. However, pertaining to Cambodian politics,...IT IS THE ENGINE in which engineers toward the chanin of commands. I truly think that in order for our nation (Cambodia) to such as stated political system..., I still believe that we need new competent leader(s)who has vision, and willing is to change the old school politics...then everything else will fall into places.
Warn regards,
Love Cambodian nation
well, i think the world could help pressure the khmer gov't into the much needed judicial reforms in cambodia. we needed it big time, really. god bless cambodia.
Post a Comment