Cambodia: Functioning Judiciary Required For Rights To Become A Reality

Monday, 5 October 2009
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The government has preferred to continue to apply an outdated law on the nomination of judges and the activities of courts, enacted during the country’s communist past, which is unconstitutional, does not live up to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.

China's Hong Kong is booming [- A lesson for Cambodia to learn from]

KI-Media would like to thank Dr Lao Mong Hay for pointing out this Hong Kong's success story. Dr Lao Mong hay hopes that this story "could inspire further our Cambodian visionary leaders, if we have any such leader. One economist pointed at the contributing factors to this success: 'One of the strong advantages of Hong Kong has always been the institution. So the likes of rule of law, the independent judiciary, the strong governance system, the accounting system.'"

Friday, June 29, 2007
By Kate Woodsome
Marketplace
American Public Media (USA)

Hong Kong skyline at night (Getty Images)

When Britain ceded control of its former colony in 1997, there were predictions that communist China would kill the golden goose. But this anniversary finds Hong Kong doing just fine, thank you. Kate Woodsome reports.

Lisa Napoli: Happy anniversary to Hong Kong — on Sunday, the territory holds a big party to celebrate 10 years of Chinese rule.

Traits from the British years still dominate: a capitalist economy, free press, an independent judicial system... Some expected that to be bad for business in Hong Kong. But Kate Woodsome says the formula has surprised even the biggest skeptics.

Kate Woodsome: Two years before Britain gave up its last major colony, Fortune magazine ran a story titled "The Death of Hong Kong." It predicted China's communist system would choke Hong Kong's capitalist economy.

Christopher Hammerbeck: That to me was totally bizarre, frankly.

That's Christopher Hammerbeck of the British Chamber of Commerce here. He says the obituary was a bit premature.

Hammerbeck: The one thing that is quite sure about history is that trade relationships far outlast uncomfortable diplomatic relationships.

After the 1997 Asian financial crisis, Hong Kong's economy did suffer badly. But it has rebounded, and is experiencing its fastest growth since the late 1980s.

Hong Kong largely has China to thank. Mainland Chinese make up more than half of Hong Kong's 25 million tourists. Loads of tourists line up every day for the bus to Ocean Park. They go for the pandas and gondolas.

Shishi Wong came from Shanghai to see how Hong Kong merged its two identities.

Shishi Wong: I just felt it's such an efficient place that everybody just knows exactly what to do. But at the same time, you can see like how the Chinese culture is here. It's amazing.

Investors feel the same. Last year, so many mainland companies listed on the Hong Kong exchange that the territory rivals London as the world's biggest IPOs market. Its GDP reached $189 billion last year, and is expected to grow about six percent this year.

Tai Hui, an economist for Standard Chartered bank, says investors stay in Hong Kong because it's the closest you can get to China and still enjoy international business standards.

Tai Hui: One of the strong advantages of Hong Kong has always been the institution. So the likes of rule of law, the independent judiciary, the strong governance system, the accounting system.

But Hong Kong is looking over its shoulder. Chinese cities like Shanghai are cleaning up their markets, and that's attracting investors.

In Hong Kong, I'm Kate Woodsome for Marketplace.