Cambodia courts inadequate to give justice to poor: U.N.

Thu, Jun 17 2010
Prak Chan Thul

"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression" - Surya Subedi

PHNOM PENH (Reuters) - Cambodia must bolster the independence of its judiciary to ensure it can provide justice for all, including the poor who often appear to have little chance of legal redress, a U.N. rights official said on Thursday.

Cambodia has for years been rebuilding its institutions after decades of conflict and turmoil, including the Khmer Rouge "Killing Fields" rule, but its judiciary remains weak and prone to interference, critics say.

Surya Subedi, United Nations Special Rapporteur for human rights in Cambodia, said he was troubled by disputes over land and, in a reference to the government's tough stand on dissent, what he described as a narrowing of political space for debate.

"I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all," Subedi told a news conference at the end of a 10-day fact-finding visit.

In a drive to attract foreign investment, Cambodia has awarded big concessions to companies, most from China, Vietnam and South Korea, to run mines, power plants, farms and plantations for sugar, rice and rubber.

But non-governmental groups and opposition politicians have accused the government of evicting villagers from their land without negotiation or adequate compensation to make way for some concessions.

POOR AND WEAK

Subedi called on the government to reform the judiciary to ensure fairness when such disputes arise.

"Many judges may have the necessary commitment to deliver justice according to law, but for many this commitment is compromised by external interference and for others the commitment is just not there," he said.

"If you are poor and weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management systems, or through the courts."

The government denies the accusations of land-grabbing, saying evictions are lawful and compensation is more than adequate.

The government, dependent on aid from foreign allies and international organizations, has often shown impatience with criticism of its human rights record.

Subedi said he was disappointed about the cancellation of a meeting with Prime Minister Hun Sen for health reasons, but said other senior government and judicial officials whom he met had promised reform.

Subedi also referred to the case of a prominent opposition politician and former minister of women's affairs, Mu Sochua, who was sued by Hun Sen after she accused him of defamation.

"I am troubled by the ... narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents," he said.

Mu Sochua lost her legal battle with the prime minister but has refused to pay a $4,000 fine, saying she would prefer to go to jail.

"My position as an international lawyer, nobody should be sent to prison for exercising freedom of expression," Subedi said.

(Editing by Robert Birsel)