Showing posts with label UN Special Envoy on Human Rights in Cambodia. Show all posts
Showing posts with label UN Special Envoy on Human Rights in Cambodia. Show all posts
Wednesday, February 23, 2011
Thursday, September 18, 2008
Cambodia: UN Oversight Needed to Address Ongoing Rights Violations
A Joint Statement by Amnesty International and Human Rights Watch
Review, Rationalisation and Improvement of the mandate of the Special Representative of the Secretary General for Human Rights in Cambodia.
9th session of the Human Rights Council
9th session of the Human Rights Council
Amnesty International and Human Rights Watch call on the Human Rights Council members to extend the mandate of the Secretary General’s Special Representative for Human Rights in Cambodia.
The systemic lack of protection for human rights in Cambodia is a consequence of impunity, the absence of the rule of law and the seriously stunted legal and judicial reform. The government - through inaction - continues to demonstrate its unwillingness to seriously address human rights.
Although marked improvements have taken place since the first resolution on Cambodia by the Commission on Human Rights was adopted in 1993, the unfulfilled need to institutionalize human rights protection – through the legal system, the government administrative structures, and independent institutions – testifies to the need for continued UN engagement. Key to such an engagement is the SRSG’s independent and authoritative assessments of the human rights situation for the international community through the Human Rights Council, as well as the SRSG’s recommendations to bring about improvements, support for Cambodian human rights defenders, and cooperation with and technical assistance to the Cambodian government.
While Cambodia has experienced significant economic growth during the past 15 years, the government has rejected a rights-based approach to development. As stipulated in the Paris Peace Accords, economic development must go hand-in-hand with respect for human rights.
Lack of integrity and independence within the court system sits at the centre of Cambodia’s current human rights problems – its most notable impact is an escalating land crisis. Forced evictions further impoverish the marginalized, who are routinely deprived of redress. Violence against women goes unpunished. Freedoms of expression and association are compromised and human rights defenders, opposition journalists, and community activists defending land and natural resources are increasingly imprisoned on baseless charges, physically attacked, or murdered; the perpetrators are rarely brought to justice. The Supreme Council of Magistracy, established to ensure independence and effectiveness of the judiciary remains ineffectual, while the Constitutional Council has continuously failed to demonstrate its role to safeguard the constitutionality of legislation.
The 1991 Paris Peace Accords, signed by the United Nations and 19 member states, recommended the establishment of the Special Representative, whose mandate includes protecting and promoting human rights. Until the Cambodian government implements concrete reforms needed to establish an independent judiciary and other independent institutions to provide checks and balances on the government it is crucial that the Special Representative’s mandate be continued. To end or reduce the mandate’s reporting function will deprive Cambodians of the international oversight essential to achieving the effective promotion and fulfillment of the human rights to which they aspire and deserve.
The systemic lack of protection for human rights in Cambodia is a consequence of impunity, the absence of the rule of law and the seriously stunted legal and judicial reform. The government - through inaction - continues to demonstrate its unwillingness to seriously address human rights.
Although marked improvements have taken place since the first resolution on Cambodia by the Commission on Human Rights was adopted in 1993, the unfulfilled need to institutionalize human rights protection – through the legal system, the government administrative structures, and independent institutions – testifies to the need for continued UN engagement. Key to such an engagement is the SRSG’s independent and authoritative assessments of the human rights situation for the international community through the Human Rights Council, as well as the SRSG’s recommendations to bring about improvements, support for Cambodian human rights defenders, and cooperation with and technical assistance to the Cambodian government.
While Cambodia has experienced significant economic growth during the past 15 years, the government has rejected a rights-based approach to development. As stipulated in the Paris Peace Accords, economic development must go hand-in-hand with respect for human rights.
Lack of integrity and independence within the court system sits at the centre of Cambodia’s current human rights problems – its most notable impact is an escalating land crisis. Forced evictions further impoverish the marginalized, who are routinely deprived of redress. Violence against women goes unpunished. Freedoms of expression and association are compromised and human rights defenders, opposition journalists, and community activists defending land and natural resources are increasingly imprisoned on baseless charges, physically attacked, or murdered; the perpetrators are rarely brought to justice. The Supreme Council of Magistracy, established to ensure independence and effectiveness of the judiciary remains ineffectual, while the Constitutional Council has continuously failed to demonstrate its role to safeguard the constitutionality of legislation.
The 1991 Paris Peace Accords, signed by the United Nations and 19 member states, recommended the establishment of the Special Representative, whose mandate includes protecting and promoting human rights. Until the Cambodian government implements concrete reforms needed to establish an independent judiciary and other independent institutions to provide checks and balances on the government it is crucial that the Special Representative’s mandate be continued. To end or reduce the mandate’s reporting function will deprive Cambodians of the international oversight essential to achieving the effective promotion and fulfillment of the human rights to which they aspire and deserve.
Farewell Prof. Ghai ... Thank you for voicing out Human Rights Violations under Hun Sen's regime
Prof. Yash Ghai (Photo: AFP)UN Envoy's Resignation Pleases Hun Sen
By Chun Sakada, VOA Khmer
Original report from Phnom Penh
17 September 2008
Prime Minister Hun Sen said Wednesday he was "satisfied" with the resignation of UN special envoy Yash Ghai, who had been a continuous critic of the government's human rights record.
Ghai, who was the UN secretary-general's special representative to Cambodia for human rights, announced his resignation in Geneva Tuesday. His criticism of Cambodia's human rights efforts over three years had been so nettling that on his last visit, in December 2007, he was not granted a meeting with any government official and Hun Sen called for his termination.
Hun Sen told a crowd gathered at a Pannasastra University graduation ceremony that following Ghai's resignation, "I have no need to curse him anymore."
"I am very satisfied for his resignation," Hun Sen said. "He resigned because he knew Hun Sen would continue to be the prime minister for the next five years, and if Hun Sen continues in his position, he will continue not to meet [Ghai]."
"I will be ready to meet with his successor appointed by the UN secretary-general," Hun Sen said.
Ghai's resignation comes as the UN's Human Rights Council is considering whether it will have a special rights representative for the UN secretary-general in Cambodia, or whether it will have a Council-designated rapporteur.
Ny Chakrya, chief of the investigation unit for the rights group Adhoc, said Tuesday Ghai's resignation signaled how ineffectual his work had become in the face of government resistance.
"He resigned because Cambodia doesn't need a UN special representative who criticizes the government," he said. "But we are very regretful for his resignation, because was a man who could speak out and criticize the government on its human rights violations in Cambodia."
Opposition leader Sam Rainsy said Ghai's resignation was a loss to victims of human rights violations in the country.
"But we hope that his successor will fulfill good work like Yash Ghai and follow Yash Ghai's line in the prevention of and the struggle against human rights violations in Cambodia."
"I appreciate Yash Ghai, who could speak out against the government in human rights violations in his mission," he said.
Ghai, who was the UN secretary-general's special representative to Cambodia for human rights, announced his resignation in Geneva Tuesday. His criticism of Cambodia's human rights efforts over three years had been so nettling that on his last visit, in December 2007, he was not granted a meeting with any government official and Hun Sen called for his termination.
Hun Sen told a crowd gathered at a Pannasastra University graduation ceremony that following Ghai's resignation, "I have no need to curse him anymore."
"I am very satisfied for his resignation," Hun Sen said. "He resigned because he knew Hun Sen would continue to be the prime minister for the next five years, and if Hun Sen continues in his position, he will continue not to meet [Ghai]."
"I will be ready to meet with his successor appointed by the UN secretary-general," Hun Sen said.
Ghai's resignation comes as the UN's Human Rights Council is considering whether it will have a special rights representative for the UN secretary-general in Cambodia, or whether it will have a Council-designated rapporteur.
Ny Chakrya, chief of the investigation unit for the rights group Adhoc, said Tuesday Ghai's resignation signaled how ineffectual his work had become in the face of government resistance.
"He resigned because Cambodia doesn't need a UN special representative who criticizes the government," he said. "But we are very regretful for his resignation, because was a man who could speak out and criticize the government on its human rights violations in Cambodia."
Opposition leader Sam Rainsy said Ghai's resignation was a loss to victims of human rights violations in the country.
"But we hope that his successor will fulfill good work like Yash Ghai and follow Yash Ghai's line in the prevention of and the struggle against human rights violations in Cambodia."
"I appreciate Yash Ghai, who could speak out against the government in human rights violations in his mission," he said.
A victory for the human right violators in Phnom Penh: Yash Ghai resigns
UN human rights envoy to Cambodia resigns
September 17, 2008
ABC Radio Australia
The UN's special envoy for human rights to Cambodia Yash Ghai has resigned after arguing with Cambodian officials and complaining of being repeatedly insulted by Prime Ministrer Hun Sen.
The Kenyan lawyer gave unusually blunt assessments of the government's reform failures.
He was snubbed by government officials during a visit in December when he declared the country's judiciary had failed.
Cambodia lodged a formal complaint against Mr Ghai with UN Secretary General Ban Ki-moon.
The Kenyan lawyer gave unusually blunt assessments of the government's reform failures.
He was snubbed by government officials during a visit in December when he declared the country's judiciary had failed.
Cambodia lodged a formal complaint against Mr Ghai with UN Secretary General Ban Ki-moon.
Thursday, March 20, 2008
Wednesday, March 19, 2008
Report of the Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai
Excerpt from Report of the Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai
CONCLUSIONS AND RECOMMENDATIONS
99. Year after year, the Special Representative’s predecessors and others have addressed the problems of the legal and judicial system in Cambodia and made numerous recommendations, to no avail. The Government has no incentives for reform, as the international community continues to make large financial contributions regardless of widespread violations of human rights.
100. A distinguished Cambodian legal scholar recently commented that “the Government is the least serious about the legal and judicial programme”. The World Bank shelved a project because of “a lack of senior-level commitment to the implementation of a concerted legal and judicial reform agenda within the Executive and Judicial branches of the Government”. Another donor has said that numerous plans and councils on good governance are “little more than a studied attempt to tell donors what they want to hear”.
101. The Government has primary responsibility for the rule of law. The Special Representative would stress the following recommendations, many of which were made previously:
102. The Special Representative stresses the important contribution of civil society (including non-governmental organizations, lawyers, universities, think tanks and other educational and research institutions) to the common effort to establish the rule of the law. He encourages them to pursue their efforts, with determination, patience and courage, in a spirit of openness, dialogue and cooperation with the government authorities. They should continue to provide people with information about human rights, institutions and remedies, and with a voice when the administration, lawmakers and the judiciary do not listen. Discussion with the people about the Special Representative’s reports and feedback should be encouraged.
103. Educational institutions and NGOs should engage the public, through seminars, media and publications, on the procedures and practices as well as the rulings and judgements of ECCC, to create awareness of the meaning and importance of the rule of law.
104. To be seriously considered and implemented by the Government, the recommendations of the successive Special Representatives need to be endorsed and supported by foreign Governments and international agencies.
100. A distinguished Cambodian legal scholar recently commented that “the Government is the least serious about the legal and judicial programme”. The World Bank shelved a project because of “a lack of senior-level commitment to the implementation of a concerted legal and judicial reform agenda within the Executive and Judicial branches of the Government”. Another donor has said that numerous plans and councils on good governance are “little more than a studied attempt to tell donors what they want to hear”.
Recommendations to the Government
101. The Government has primary responsibility for the rule of law. The Special Representative would stress the following recommendations, many of which were made previously:
• The Government must respect the independence of all prosecutors and judges, including those (and defenders and administrative staff) within ECCC.
• The Government must devote more resources to the justice sector. Efforts to train lawyers and to recruit prosecutors and judges should continue and the aim should be for everyone to be within easy reach of a court and for delays in proceedings to be minimized.
• The Government should appoint a committee drawn from Government, the BAKC, human rights NGOs and local and foreign experts, to advise on the organization of legal aid. Its recommendations should be implemented speedily.
• The Government must promote respect for the rule of law within the State and society. It must set the example, as guardian of the Constitution and the law. Laws must be implemented fairly and fully and effective remedies for the violation of rights ensured, if people are to trust the notion of rule of law.
• The Government must urgently enact laws on demonstrations and anti-corruption, ensuring that they comply with the Constitution and human rights standards.
• The Government must protect the rights of indigenous persons and others who, due to illiteracy, customary practices and expectations, communal forms of organizations etc., are not familiar with the law or its procedures, the rules for making of economic transactions or with the market economy. Steps must be taken to ensure that State authorities, including communes, are no longer involved in transactions of dubious morality or law that undermine the rights of these communities and individuals.
• The Government must do all it can to stop forced evictions. It must never be complicit in unlawful evictions. Internationally accepted guidelines must be observed, including the principles that nobody should be made homeless as a result of development-based evictions, the full and informed consent of those targeted for eviction. Evictions should be carried out only in exceptional circumstances, and solely for the purpose of promoting the general welfare in a democratic society. The use of force should be prohibited. No one should be imprisoned in relation to protecting their rights to land and housing and anyone detained in this context should be released. A moratorium on forced evictions should be declared, to allow the determination of the legality of land claims to be made in an objective and fair manner.
• The Government must establish an independent authority to receive complaints about maladministration by the State (including institutions of justice). A Human Rights Commission fully established on the Paris Principles could be given this task.
• The Government must respect the duty and right of civil society to promote and protect human rights and observe United Nations resolutions on the rights of human rights defenders. No restrictions should be placed on reasonable activities of local communities and non-governmental associations.
• The Government must deal fairly with specific cases brought to its attention in recent reports of the Special Representatives and human rights organizations, including the circumstances in which the Venerable Tim Sakhorn disappeared. These steps should include justice for the alleged killers of union leader Chea Vichea and bringing to justice his real killers.
Recommendations to civil society actors
102. The Special Representative stresses the important contribution of civil society (including non-governmental organizations, lawyers, universities, think tanks and other educational and research institutions) to the common effort to establish the rule of the law. He encourages them to pursue their efforts, with determination, patience and courage, in a spirit of openness, dialogue and cooperation with the government authorities. They should continue to provide people with information about human rights, institutions and remedies, and with a voice when the administration, lawmakers and the judiciary do not listen. Discussion with the people about the Special Representative’s reports and feedback should be encouraged.
103. Educational institutions and NGOs should engage the public, through seminars, media and publications, on the procedures and practices as well as the rulings and judgements of ECCC, to create awareness of the meaning and importance of the rule of law.
Recommendations to the international community,
including United Nations institutions
including United Nations institutions
104. To be seriously considered and implemented by the Government, the recommendations of the successive Special Representatives need to be endorsed and supported by foreign Governments and international agencies.
• The international community should set up or facilitate the setting up of an independent expert commission to review the working of the legal and judicial system, to make recommendations, and to report annually to the international community and the Royal Government of Cambodia, one month ahead of the consultations between the Government and the donors and lenders. The commission should develop effective and realistic criteria to assess progress, paying particular attention to the enforcement of the law and the independence of the prosecution and judges. The report should form the basis of consultations.Note: The chief monk of Phnom Denh pagoda in Takeo Province and an ethnic Khmer from Southern Viet Nam was defrocked on the order of the Chief Patriarch on grounds that his activities in providing shelter to monks from the Khmer Krom minority in Viet Nam fleeing alleged religious persecution had undermined good relations between Cambodia and Viet Nam. He was then driven away by unidentified persons and his whereabouts were unknown until August when he appeared in custody in Viet Nam.
• Foreign Governments or agencies providing assistance in drafting laws must ensure that the law they are proposing is consistent with human rights. This raises no difficulties in respect of Cambodia’s sovereignty. This is also an international obligation of each and every Member State of the United Nations, under the Charter and under the treaties they have ratified.
• Foreign embassies, collectively or bilaterally, should engage the Government in dialogues on human rights and urge the Government to stop the most egregious violations. They should emphasize that respect for human rights is an essential basis of the partnership between them and the Cambodian State and people, and for the pursuance of a development process that places human beings and environment at its heart, rather than unlimited profit and greed, at its heart.
• Since the Constitutional Council has stated that human rights treaties are binding, it is necessary that the decisions of the treaty bodies and of international and foreign courts and tribunals should be taken into account when applying the law. This approach would reinforce the impact that ECCC is expected to have on improvements in the Cambodian legal and judicial system. OHCHR should translate and disseminate major interpretations and conclusions of the treaty bodies.
Cambodia's gov't has no reason to reform "widespread violations of human rights," as the rule of law and rights of citizens are neglected: Yash Ghai
UN Envoy Reports 'No Incentive' for RightsBy VOA Khmer, Reporters
Original report from Phnom Penh
18 March 2008
Cambodia's government has no reason to reform "widespread violations of human rights," as the rule of law and rights of citizens are neglected, the UN special envoy for human rights has reported.
Yash Ghai, the UN secretary-general's rights envoy for Cambodia, is expected to address the 7th session of the UN Human Rights Council Wednesday, and to include findings of a report now available online.
"The government has no incentives for reform, as the international community continues to make large financial contributions regardless of widespread violations of human rights," Ghai wrote in his report to the Rights Council.
Repeated attempts to reach government spokesmen at the ministries of Information and Foreign Affairs were unsuccessful Tuesday, but officials have steadily denounced Ghai's rights reports. The government refused to meet with Ghai on a December visit, and Prime Minister Hun Sen has called for his ouster.
Ahead of Ghai's expected address, the Cambodian Ministry of Foreign Affairs issued a restriction on visas issued to Ghai through foreign embassies. In a letter obtained by VOA Khmer, the Ministry of Foreign Affairs ordered that visas for Ghai must be approved directly through the ministry.
Ghai's report is critical of the erosion of the rule of law and the constitution, and cautions against government involvement in land disputes, among other areas of concern.
"Laws, institutions [and] procedures critical to the rule of law are very little respected in Cambodia - especially by the State," Ghai reported.
The lack of respect for such laws meant many of the provisions in the constitution were negated, he wrote.
"Numerous reports by the Special Representatives and national and international organizations have highlighted serious consequences of this," he wrote. "For the most part, the Government has made no serious attempt to deny, much less refute, these findings or to take serious action to address these issues."
Ghai visited Cambodia in December, meeting with non-government agencies and residents who had been removed from their land. On that visit, he said land disputes were a source of destabilization for Cambodia.
Ghai recommended in his Rights Council report that the government "do all it can to stop forced evictions" and "never be complicit in unlawful evictions."
Residents should never be made homeless as a result of development, he wrote, and evictions should only be made in "exceptional circumstances, and solely for the purpose of promoting the general welfare in a democratic society."
Ghai shunned the use of force and imprisonment in cases related to land disputes, especially for those "protecting their rights to land and housing," and he called for the release of anyone who is currently jailed under such conditions.
"A moratorium on forced evictions should be declared, to allow the determination of the legality of land claims to be made in an objective and fair manner."
Ghai recommended the international community set up or help set up an "independent expert commission" to review the legal and judicial system and report annually to the donor community.
Ghai cited a report by the rights group Licadho, claiming the "justice system has failed."
"Despite the Untac intervention and 15 years of aid to legal and judicial reform, in 2007," the report, "The Charade of Justice," says, "the primary functions of the courts continue to be to prosecute political opponents and other critics of the government; to perpetuate impunity for State actors and their associates; [and] to promote the economic interests of the rich and powerful.”
For Yash Ghai's full Human Rights Council report, click here.
Yash Ghai, the UN secretary-general's rights envoy for Cambodia, is expected to address the 7th session of the UN Human Rights Council Wednesday, and to include findings of a report now available online.
"The government has no incentives for reform, as the international community continues to make large financial contributions regardless of widespread violations of human rights," Ghai wrote in his report to the Rights Council.
Repeated attempts to reach government spokesmen at the ministries of Information and Foreign Affairs were unsuccessful Tuesday, but officials have steadily denounced Ghai's rights reports. The government refused to meet with Ghai on a December visit, and Prime Minister Hun Sen has called for his ouster.
Ahead of Ghai's expected address, the Cambodian Ministry of Foreign Affairs issued a restriction on visas issued to Ghai through foreign embassies. In a letter obtained by VOA Khmer, the Ministry of Foreign Affairs ordered that visas for Ghai must be approved directly through the ministry.
Ghai's report is critical of the erosion of the rule of law and the constitution, and cautions against government involvement in land disputes, among other areas of concern.
"Laws, institutions [and] procedures critical to the rule of law are very little respected in Cambodia - especially by the State," Ghai reported.
The lack of respect for such laws meant many of the provisions in the constitution were negated, he wrote.
"Numerous reports by the Special Representatives and national and international organizations have highlighted serious consequences of this," he wrote. "For the most part, the Government has made no serious attempt to deny, much less refute, these findings or to take serious action to address these issues."
Ghai visited Cambodia in December, meeting with non-government agencies and residents who had been removed from their land. On that visit, he said land disputes were a source of destabilization for Cambodia.
Ghai recommended in his Rights Council report that the government "do all it can to stop forced evictions" and "never be complicit in unlawful evictions."
Residents should never be made homeless as a result of development, he wrote, and evictions should only be made in "exceptional circumstances, and solely for the purpose of promoting the general welfare in a democratic society."
Ghai shunned the use of force and imprisonment in cases related to land disputes, especially for those "protecting their rights to land and housing," and he called for the release of anyone who is currently jailed under such conditions.
"A moratorium on forced evictions should be declared, to allow the determination of the legality of land claims to be made in an objective and fair manner."
Ghai recommended the international community set up or help set up an "independent expert commission" to review the legal and judicial system and report annually to the donor community.
Ghai cited a report by the rights group Licadho, claiming the "justice system has failed."
"Despite the Untac intervention and 15 years of aid to legal and judicial reform, in 2007," the report, "The Charade of Justice," says, "the primary functions of the courts continue to be to prosecute political opponents and other critics of the government; to perpetuate impunity for State actors and their associates; [and] to promote the economic interests of the rich and powerful.”
For Yash Ghai's full Human Rights Council report, click here.
Thursday, December 27, 2007
Khieu Kanharith: The Kenyans are are rude and savage ... and Yash Ghai does not have the Aryan culture
Interview with Khieu Kanharith on Yash Ghai’s issue25 Dec 2007
By Phan Sophat Radio Free Asia
Translated from Khmer by Heng Soy
Recently, prime minister Hun Sen was extremely angry with Prof. Yash Ghai, and he even used derogatory words to criticize the UN Special Envoy on Human Rights in Cambodia.
What is the reason behind the prime minister’s reaction? Was it because of the declaration about human rights issues in Cambodia reported by Prof. Ghai, or is it because of something else?
The following are the comments given by Khieu Kanharith, government spokesman, during his interview with RFA’s Phan Sophat on this issue. Khieu Kanharith also provides the government’s standing on the future of the UN Human Rights office in Cambodia also.
Phan Sophat (RFA): The first question refers to the government’s reaction against Mr. Yash Ghai, is this due to diplomatic affairs or because of his report?
Khieu Kanharith (KK): It was because Mr. Yash Ghai who only knows about the protocol in the relationships between Cambodia and the UN only. The UN Human Rights office in Cambodia is helping the Cambodian government to push human rights issues, isn’t it? But, up to now, did he ever meet with the Cambodian government or not? Did he ever provide any suggestions to the Cambodian government or not?
Therefore, his role as a spokesman for the opposition would be more appropriate. Since he arrived, he always cursed the government, this is wrong to start with. He should tell the Cambodian government about this issue which should be dealt in this manner, that (issue) should be dealt in that manner, then the Cambodian government will reply back that this is how we should be doing, we will discuss with each other. We should ask: up to now, did he meet with the Cambodian government to provide suggestions on what to do, or not?
RFA: In his report dated 10 December, Mr. Yash Ghai, following the completion of his mission in Cambodia, he indicated that he asked to meet with the prime minister, the minister of Interior, and a number of other ministers, but his requests were rejected by the government ministers and the prime minister. Why is that so?
KK: The level of Mr. Yash Ghai up to now, he does not know about the land dispute problems, for example, does he know, in the many thousands of cases (of land disputes), how many hundreds of them have been resolved already? He does not know yet. Therefore, the first thing he should do is the meet with the land commission, next, he must meet with H.E. Om Yentieng (Hun Sen’s appointed human rights chairman), his counterpart instead.
But, right up front, he demanded to meet with the minister of Interior, this is wrong, this means that he does not even know the working protocol in Cambodia, can you see that?
This means that no one can meet him because of that, because, from the start, regarding land disputes, he (Yash Ghai) should meet with the land commission, next, on human rights issues, he should meet with H.E. Om Yentieng, after these meetings, if the issues cannot be resolved, then these issues will be brought up to a higher level. But, for him, he does not even know what there is in Cambodia yet, this means that he is an extremely lazy UN official, therefore, how can we meet him, when he does not know all the case from the bottom level yet, how can the higher ups meet with him?
RFA: Therefore, Mr. Yash Ghai’s fault which the government opposes to, is it a protocol mistake or is it because his report was not correct, or is it because of something else?
KK: It’s because he is lazy, he did no work, and maybe because the Kenyans are rude and savage like this, this is why (I am) saying that he is an uncivilized [the word used by KK is without “arey-thor”: meaning without Aryan culture] man. At least [UN Envoy] Gambary to Burma did not curse the government, the owner of the house, in this manner. And, the Kenyan culture is to eat someone’s food then break the rice pot in that house [meaning ungrateful], I don’t know, because normally, right away, he demanded to meet with this or that person, while he does not even know any issue yet, how can we resolve (anything with him)? The land disputes, what kind of cases are they? They are not easy or normal issues, therefore, how can the government meet him?
And (because of) this kind of lazy official, that’s why we are thinking that next year, we will decide that, for the best, we should eliminate it, because of the loss in rent, the loss in salaries to our workers, to the chauffeur, we can lose some money but in the 10 ASEAN countries, nobody has (someone like that). To him, he said that human rights in Cambodia is worst than in Burma, worst than Malaysia, this we will think about it, and for the best, he should know that we will close his office next year, (in fact) we are not closing it, we don’t need it.
RFA: Regarding this issue, recently, a (Cambodian) government official sent a letter to the UN Secretary-general, was there any reply yet?
KK: The letter by (Sea Kosal) the permanent representative of Cambodia (at the UN) said that we cannot accept Yash Ghai, and we are reflecting about the need for his office or not? This is the right of the homeowner to allow this office or not? If Cambodia decides to cancel it, it will cancel it.
In the past, we plan to cancel it once already, but based on Mr. Kofi Annan’s request during his meeting with Samdach Dek Cho Hun Sen, he asked for an extension. Now, we think that this extension is enough, it is sufficient already, this is hypothetical only because the prime minister did not decide yet, but we think that this office is enough now.
RFA: But, if there is a decision (to shut down the UN human rights office), when will that happen?
KK: The decision can be made without asking the UN’s opinion, this is a decision by the homeowner (i.e. Cambodia).
RFA: But, if there is such a decision, when will it happen?
KK: Now it’s close to Christmas, we are not touching it, we’ll wait until after the New Year, after the (celebration of the Vietnamese invasion on) 07 January, then we will sit and think about it again, because the foreigners have to visit their wives and children during the Christmas period.
RFA: So, it means that, in the problem of the UN human rights office in Cambodia, there will be no accommodation or negotiation anymore, this means that the closing of this office will take place, right?
KK: Cambodia, as a sovereign state, can make a decision to keep or not. There is no limit to the speed of the negotiation on this [i.e. no set timetable].
What is the reason behind the prime minister’s reaction? Was it because of the declaration about human rights issues in Cambodia reported by Prof. Ghai, or is it because of something else?
The following are the comments given by Khieu Kanharith, government spokesman, during his interview with RFA’s Phan Sophat on this issue. Khieu Kanharith also provides the government’s standing on the future of the UN Human Rights office in Cambodia also.
Phan Sophat (RFA): The first question refers to the government’s reaction against Mr. Yash Ghai, is this due to diplomatic affairs or because of his report?
Khieu Kanharith (KK): It was because Mr. Yash Ghai who only knows about the protocol in the relationships between Cambodia and the UN only. The UN Human Rights office in Cambodia is helping the Cambodian government to push human rights issues, isn’t it? But, up to now, did he ever meet with the Cambodian government or not? Did he ever provide any suggestions to the Cambodian government or not?
Therefore, his role as a spokesman for the opposition would be more appropriate. Since he arrived, he always cursed the government, this is wrong to start with. He should tell the Cambodian government about this issue which should be dealt in this manner, that (issue) should be dealt in that manner, then the Cambodian government will reply back that this is how we should be doing, we will discuss with each other. We should ask: up to now, did he meet with the Cambodian government to provide suggestions on what to do, or not?
RFA: In his report dated 10 December, Mr. Yash Ghai, following the completion of his mission in Cambodia, he indicated that he asked to meet with the prime minister, the minister of Interior, and a number of other ministers, but his requests were rejected by the government ministers and the prime minister. Why is that so?
KK: The level of Mr. Yash Ghai up to now, he does not know about the land dispute problems, for example, does he know, in the many thousands of cases (of land disputes), how many hundreds of them have been resolved already? He does not know yet. Therefore, the first thing he should do is the meet with the land commission, next, he must meet with H.E. Om Yentieng (Hun Sen’s appointed human rights chairman), his counterpart instead.
But, right up front, he demanded to meet with the minister of Interior, this is wrong, this means that he does not even know the working protocol in Cambodia, can you see that?
This means that no one can meet him because of that, because, from the start, regarding land disputes, he (Yash Ghai) should meet with the land commission, next, on human rights issues, he should meet with H.E. Om Yentieng, after these meetings, if the issues cannot be resolved, then these issues will be brought up to a higher level. But, for him, he does not even know what there is in Cambodia yet, this means that he is an extremely lazy UN official, therefore, how can we meet him, when he does not know all the case from the bottom level yet, how can the higher ups meet with him?
RFA: Therefore, Mr. Yash Ghai’s fault which the government opposes to, is it a protocol mistake or is it because his report was not correct, or is it because of something else?
KK: It’s because he is lazy, he did no work, and maybe because the Kenyans are rude and savage like this, this is why (I am) saying that he is an uncivilized [the word used by KK is without “arey-thor”: meaning without Aryan culture] man. At least [UN Envoy] Gambary to Burma did not curse the government, the owner of the house, in this manner. And, the Kenyan culture is to eat someone’s food then break the rice pot in that house [meaning ungrateful], I don’t know, because normally, right away, he demanded to meet with this or that person, while he does not even know any issue yet, how can we resolve (anything with him)? The land disputes, what kind of cases are they? They are not easy or normal issues, therefore, how can the government meet him?
And (because of) this kind of lazy official, that’s why we are thinking that next year, we will decide that, for the best, we should eliminate it, because of the loss in rent, the loss in salaries to our workers, to the chauffeur, we can lose some money but in the 10 ASEAN countries, nobody has (someone like that). To him, he said that human rights in Cambodia is worst than in Burma, worst than Malaysia, this we will think about it, and for the best, he should know that we will close his office next year, (in fact) we are not closing it, we don’t need it.
RFA: Regarding this issue, recently, a (Cambodian) government official sent a letter to the UN Secretary-general, was there any reply yet?
KK: The letter by (Sea Kosal) the permanent representative of Cambodia (at the UN) said that we cannot accept Yash Ghai, and we are reflecting about the need for his office or not? This is the right of the homeowner to allow this office or not? If Cambodia decides to cancel it, it will cancel it.
In the past, we plan to cancel it once already, but based on Mr. Kofi Annan’s request during his meeting with Samdach Dek Cho Hun Sen, he asked for an extension. Now, we think that this extension is enough, it is sufficient already, this is hypothetical only because the prime minister did not decide yet, but we think that this office is enough now.
RFA: But, if there is a decision (to shut down the UN human rights office), when will that happen?
KK: The decision can be made without asking the UN’s opinion, this is a decision by the homeowner (i.e. Cambodia).
RFA: But, if there is such a decision, when will it happen?
KK: Now it’s close to Christmas, we are not touching it, we’ll wait until after the New Year, after the (celebration of the Vietnamese invasion on) 07 January, then we will sit and think about it again, because the foreigners have to visit their wives and children during the Christmas period.
RFA: So, it means that, in the problem of the UN human rights office in Cambodia, there will be no accommodation or negotiation anymore, this means that the closing of this office will take place, right?
KK: Cambodia, as a sovereign state, can make a decision to keep or not. There is no limit to the speed of the negotiation on this [i.e. no set timetable].
Tuesday, December 18, 2007
Yash Ghai's report on the situation in Cambodia
UNITED NATIONS
Cambodia Office of the High
Commissioner for Human Rights
Special Representative of the Secretary-General
for human rights in Cambodia
Cambodia Office of the High
Commissioner for Human Rights
Special Representative of the Secretary-General
for human rights in Cambodia
The Special Representative of the Secretary-General for human rights in Cambodia, Mr. Yash Ghai, concludes his fourth official visit to Cambodia
Phnom Penh 10 December 2007 - The Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai, concluded his fourth official visit to Cambodia today. The purpose of the visit was for the Special Representative to update himself on recent developments in advance of preparation of his next report to the United Nations Human Rights Council which will focus on the issues of rule of law and access to justice.
The Special Representative regrets that no members of the Royal Government of Cambodia were available to meet with him during the mission. The Special Representative is aware that he has been criticized by the Government for not taking its version of events sufficiently into account in his reports and presenting a view which it considers overly sympathetic to the Government’s critics. In advance of this mission, meetings were requested with the Prime Minister, the Ministers of the Interior, Agriculture and Justice, the Co-Chairs of the Council for Legal and Judicial Reform, as well as the Chairman of the Government’s Human Rights Committee. None of these meetings materialized. It is difficult to see how the Government’s criticism of the Special Representative can be sustained, when it declines all opportunities to present its view. Nevertheless, the Special Representative remains willing to meet with the Government to discuss the human rights situation in Cambodia in a spirit of impartiality and openness.
During his stay, Mr. Ghai was able to meet with representatives of civil society, political parties, members of the legal profession, Cambodian and International Judges at the Extraordinary Chambers in the Courts of Cambodia, United Nations agencies and the diplomatic community.
The Special Representative paid particular attention to the courts, the legal profession, and the prison system. He focused on the extent to which these institutions meet international norms and are able to uphold the rule of law and protect the rights of Cambodian citizens, especially vulnerable and disadvantaged groups. The Special Representative examined some aspects of criminal procedure. He looked in some detail at the Extraordinary Chambers of the Courts of Cambodia, as much for their expected contribution to raising criminal procedure standards—and awareness of these standards amongst the general public—as for their contribution to ending impunity for human rights atrocities committed by the Khmer Rouge from 1975 to 1979.
Mr. Ghai sought to obtain an in-depth understanding of the issues of housing evictions and land disputes, especially cases alleged to involve the unfair acquisition of land from communities. He traveled to Rattanakiri to obtain first-hand information on land disputes in the province and meet with community activists and their lawyers, as well as court and provincial government officials. He also paid a visit to the prison in Banlung to get a sense of the conditions in which prisoners are kept, and of the resources made available to the prison administration.
The Special Representative visited the Phnom Penh communities of Dey Krahorm and Group 78 who face the threat of being forced from their homes. He was deeply distressed to see the conditions in which people live, even in the heart of the capital city, and to learn of the fears of those faced with imminent eviction. The Special Representative regrets that his earlier recommendations for more equitable procedures to protect the rights of vulnerable groups had not been acted upon. State authorities as well as companies and politically well-connected individuals show scant respect for the law. This unprincipled approach to law has undermined the foundations of the rule of law.
It is not for the Special Representative to pronounce on the merits of cases before the courts. But it is very striking to note the people’s lack of trust in those courts. People have little faith that they will get justice even if their case is heard. Ironically, even the rich and powerful apparently have little faith or patience – for they often meet legal claims with counter-charges of defamation or incitement, rather than allow the normal legal process to take its course. The Special Representative is gravely concerned at recent attempts to place restrictions of the ability of lawyers to represent their clients’ best interests. In particular, the charges of incitement against legal aid lawyers represent an unwarranted attempt to criminalize the lawful activities of lawyers.
The courts and the legal profession have, or should have, a key role in protecting the rights of citizens. It is a cardinal principle that all are equal before the law. In reality, all countries face challenges in living up to the ideal. But in Cambodia that shortfall seems to have the proportions of a gulf. The system has failed the people of Cambodia woefully.
The Special Representative has been struck by the extent to which non-governmental organizations’ space for action has been restricted in recent months. He heard many complaints of increased executive interference. This makes it harder for these bodies to play their own important role in upholding the rule of law – a role made even more important given the official court system’s ineffectiveness in protecting rights. The NGO sector is not alone in living with fear and a sense of repression by an almost all-powerful executive.
The appropriation of land and evictions are sometimes justified as making way for “development”. The reality seems to be that the poverty of some is worsened, while the wealth of others grows apace. The legal system seems to be the tool of the rich and the powerful, while the poor are further impoverished as the courts show no willingness to take a stand against manipulation and bribery.
These matters are not for Cambodians alone. The international community plays a very important role in the country. It is not enough to say “we must not interfere”. It already “interferes” by its support for development projects, and its very significant financial support for the government’s budget. The United Nations and the international community have an obligation to ensure that the system they are supporting does not violated the very norms that the international community purports to stand for.
On a more positive note, the Special Representative is pleased that the long-awaited Codes of Penal and Civil Procedure have finally entered into force and hopes that the implementation of the new procedures will provide an opportunity for the courts to apply international standards of justice in accordance with Cambodia’s international obligations. Laws alone are not enough of course. The Special Representative hopes that the authorities will allow the law to be used to convict the guilty. Similarly, it is not for lack of laws that Born Samnang and Sok Sam Oeun were convicted and remain in detention, despite convincing evidence that they are not guilty of the murder of Chea Vichea.
He also welcomes the recent accelerated progress at the Extraordinary Chambers. At the same time, certain developments, including the re-assignment by the Executive branch of government of one judge to another post and the allegations of corrupt recruitment practices, are causes for concern. The Special Representative hopes that the ECCC, as an integral part of the Cambodian court system, will strictly apply international standards and thereby set a positive example to be followed in the domestic courts. He discussed with judges and officials ways in which to make this a reality so that the ECCC positively influences the consciousness of the people as well as the functioning of the legal system. He feels, however, that the effectiveness of the ECCC in terms of ending impunity will be blunted if it limits its proceedings to a politically-agreed number of individuals.
The Special Representative will issue his next report early in 2008 and will present it to the Human Rights Council in Geneva in March 2008.
END
The Special Representative regrets that no members of the Royal Government of Cambodia were available to meet with him during the mission. The Special Representative is aware that he has been criticized by the Government for not taking its version of events sufficiently into account in his reports and presenting a view which it considers overly sympathetic to the Government’s critics. In advance of this mission, meetings were requested with the Prime Minister, the Ministers of the Interior, Agriculture and Justice, the Co-Chairs of the Council for Legal and Judicial Reform, as well as the Chairman of the Government’s Human Rights Committee. None of these meetings materialized. It is difficult to see how the Government’s criticism of the Special Representative can be sustained, when it declines all opportunities to present its view. Nevertheless, the Special Representative remains willing to meet with the Government to discuss the human rights situation in Cambodia in a spirit of impartiality and openness.
During his stay, Mr. Ghai was able to meet with representatives of civil society, political parties, members of the legal profession, Cambodian and International Judges at the Extraordinary Chambers in the Courts of Cambodia, United Nations agencies and the diplomatic community.
The Special Representative paid particular attention to the courts, the legal profession, and the prison system. He focused on the extent to which these institutions meet international norms and are able to uphold the rule of law and protect the rights of Cambodian citizens, especially vulnerable and disadvantaged groups. The Special Representative examined some aspects of criminal procedure. He looked in some detail at the Extraordinary Chambers of the Courts of Cambodia, as much for their expected contribution to raising criminal procedure standards—and awareness of these standards amongst the general public—as for their contribution to ending impunity for human rights atrocities committed by the Khmer Rouge from 1975 to 1979.
Mr. Ghai sought to obtain an in-depth understanding of the issues of housing evictions and land disputes, especially cases alleged to involve the unfair acquisition of land from communities. He traveled to Rattanakiri to obtain first-hand information on land disputes in the province and meet with community activists and their lawyers, as well as court and provincial government officials. He also paid a visit to the prison in Banlung to get a sense of the conditions in which prisoners are kept, and of the resources made available to the prison administration.
The Special Representative visited the Phnom Penh communities of Dey Krahorm and Group 78 who face the threat of being forced from their homes. He was deeply distressed to see the conditions in which people live, even in the heart of the capital city, and to learn of the fears of those faced with imminent eviction. The Special Representative regrets that his earlier recommendations for more equitable procedures to protect the rights of vulnerable groups had not been acted upon. State authorities as well as companies and politically well-connected individuals show scant respect for the law. This unprincipled approach to law has undermined the foundations of the rule of law.
It is not for the Special Representative to pronounce on the merits of cases before the courts. But it is very striking to note the people’s lack of trust in those courts. People have little faith that they will get justice even if their case is heard. Ironically, even the rich and powerful apparently have little faith or patience – for they often meet legal claims with counter-charges of defamation or incitement, rather than allow the normal legal process to take its course. The Special Representative is gravely concerned at recent attempts to place restrictions of the ability of lawyers to represent their clients’ best interests. In particular, the charges of incitement against legal aid lawyers represent an unwarranted attempt to criminalize the lawful activities of lawyers.
The courts and the legal profession have, or should have, a key role in protecting the rights of citizens. It is a cardinal principle that all are equal before the law. In reality, all countries face challenges in living up to the ideal. But in Cambodia that shortfall seems to have the proportions of a gulf. The system has failed the people of Cambodia woefully.
The Special Representative has been struck by the extent to which non-governmental organizations’ space for action has been restricted in recent months. He heard many complaints of increased executive interference. This makes it harder for these bodies to play their own important role in upholding the rule of law – a role made even more important given the official court system’s ineffectiveness in protecting rights. The NGO sector is not alone in living with fear and a sense of repression by an almost all-powerful executive.
The appropriation of land and evictions are sometimes justified as making way for “development”. The reality seems to be that the poverty of some is worsened, while the wealth of others grows apace. The legal system seems to be the tool of the rich and the powerful, while the poor are further impoverished as the courts show no willingness to take a stand against manipulation and bribery.
These matters are not for Cambodians alone. The international community plays a very important role in the country. It is not enough to say “we must not interfere”. It already “interferes” by its support for development projects, and its very significant financial support for the government’s budget. The United Nations and the international community have an obligation to ensure that the system they are supporting does not violated the very norms that the international community purports to stand for.
On a more positive note, the Special Representative is pleased that the long-awaited Codes of Penal and Civil Procedure have finally entered into force and hopes that the implementation of the new procedures will provide an opportunity for the courts to apply international standards of justice in accordance with Cambodia’s international obligations. Laws alone are not enough of course. The Special Representative hopes that the authorities will allow the law to be used to convict the guilty. Similarly, it is not for lack of laws that Born Samnang and Sok Sam Oeun were convicted and remain in detention, despite convincing evidence that they are not guilty of the murder of Chea Vichea.
He also welcomes the recent accelerated progress at the Extraordinary Chambers. At the same time, certain developments, including the re-assignment by the Executive branch of government of one judge to another post and the allegations of corrupt recruitment practices, are causes for concern. The Special Representative hopes that the ECCC, as an integral part of the Cambodian court system, will strictly apply international standards and thereby set a positive example to be followed in the domestic courts. He discussed with judges and officials ways in which to make this a reality so that the ECCC positively influences the consciousness of the people as well as the functioning of the legal system. He feels, however, that the effectiveness of the ECCC in terms of ending impunity will be blunted if it limits its proceedings to a politically-agreed number of individuals.
The Special Representative will issue his next report early in 2008 and will present it to the Human Rights Council in Geneva in March 2008.
END
Wednesday, December 12, 2007
Hun Sen proposes the replacement of UN Envoy; Is it because Prof. Ghai hit him right on his soft spot?
Hun Sen proposes replacement of UN human rights envoy to CambodiaPHNOM PENH, Dec. 12 (Xinhua) - Cambodian Prime Minister Hun Sen here on Wednesday criticized the current UN human rights envoy to Cambodia Yash Ghai and proposed to Secretary-General Ban Kim-moon that he should be replaced.
Yash Ghai on Monday attended a ceremony in Phnom Penh to mark the International Human Rights Day and released a statement claiming that Cambodian citizens live in fear of land grabbing, repression and a court system which offers scant hope of justice, with international donors seemingly turning a blind-eye.
"I hope U.N. Secretary-General Ban Kim-moon should monitor this person because I don't have the right to change him," said Hun Sen, without revealing Yash Ghai's name.
"The secretary-general has the right to use this person to continue his work, but I have the right of not meeting him forever," he told the opening ceremony of a women's dormitory center inside the Institute of Technology of Cambodia in Phnom Penh.
"He came here for a short period of time, so how could he know about the (real) human rights situation in Cambodia? This person didn't say the positive signs in Cambodia but only the negative signs," Hun Sen said.
"This person's own country, Kenya, is in bad situation of human rights and he should go to his country to improve them there," he added.
"I suggest to U.N. Secretary-General Ban Kim Moon, if he still uses this person, the Cambodian prime minister won't work with him forever," he said.
On Tuesday, Cambodian government officials also denounced Yash Ghai as unwelcome person for the kingdom.
Government spokesman Khieu Kanharith told reporters that Ghai's words were an incitement for the people to revolt, adding that Ghai isn't fit to be U.N. envoy.
Ministry of the Interior spokesman Lieutenant General Khieu Sopheak said that Ghai wanted to make people oppose the government.
Yash Ghai on Monday attended a ceremony in Phnom Penh to mark the International Human Rights Day and released a statement claiming that Cambodian citizens live in fear of land grabbing, repression and a court system which offers scant hope of justice, with international donors seemingly turning a blind-eye.
"I hope U.N. Secretary-General Ban Kim-moon should monitor this person because I don't have the right to change him," said Hun Sen, without revealing Yash Ghai's name.
"The secretary-general has the right to use this person to continue his work, but I have the right of not meeting him forever," he told the opening ceremony of a women's dormitory center inside the Institute of Technology of Cambodia in Phnom Penh.
"He came here for a short period of time, so how could he know about the (real) human rights situation in Cambodia? This person didn't say the positive signs in Cambodia but only the negative signs," Hun Sen said.
"This person's own country, Kenya, is in bad situation of human rights and he should go to his country to improve them there," he added.
"I suggest to U.N. Secretary-General Ban Kim Moon, if he still uses this person, the Cambodian prime minister won't work with him forever," he said.
On Tuesday, Cambodian government officials also denounced Yash Ghai as unwelcome person for the kingdom.
Government spokesman Khieu Kanharith told reporters that Ghai's words were an incitement for the people to revolt, adding that Ghai isn't fit to be U.N. envoy.
Ministry of the Interior spokesman Lieutenant General Khieu Sopheak said that Ghai wanted to make people oppose the government.
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