Millions of women have no access to justice, says UN

Wednesday, July 6, 2011
By MADELEINE BUNTING
The Irish Times

MORE THAN 50 per cent of working women globally, 600 million, are trapped in insecure jobs without legal protection, according to the first report of the new agency UN Women.

A similar number do not have even basic protection against domestic violence, it finds, while sexual assault has become a hallmark of modern conflict.

Michelle Bachelet, the executive director of UN Women, said the document showed millions of women had no access to justice.

“The report reminds us of the remarkable advances that have been made over the past century in the quest for gender equality and women’s empowerment,” she said.

Praising Tribunal Dealing With Khmer Rouge Crimes, Secretary-General Urges Full Cooperation from Cambodian Government, Respect for Judicial Independence

27 October 2010
Mariah Jen
IEWY News

Following are UN Secretary-General Ban Ki-moon’s remarks at the Extraordinary Chambers in the Courts of Cambodia, Phnom Penh, 27 October:

Thank you for this warm welcome.

I have followed your work, closely and with keen interest, as have many, many others around the world.

Patricia O’Brien [Under-Secretary-General for Legal Affairs], visiting this past April, gave me a full report on your work.

I must tell you: she was full of praise for your dedication and professionalism.

And so, now, it is a pleasure and a privilege to be here myself.

From my first day in office, I made the fight against impunity a top UN priority.

Accountability. Justice.

After visiting the Rwanda Genocide Memorial, I was firmly resolved in my commitment, and wrote in the guest book the words, “never again”.

I have sought to make these the touchstones of my tenure as Secretary-General.

Your work, at this Court, is vital to that mission.

Each of you, regardless of your job title or level of seniority, is helping to advance that cause.

You do extraordinary work under extraordinarily challenging circumstances.

The international community attaches tremendous importance to your efforts.

It is almost impossible to describe what took place in Cambodia during the 1970s.

It is essential — fundamentally important — that we insist on accountability for those shocking crimes.

As a young person at the time, I was horrified.

The sheer scale of the killings, the torture, the incomprehensible inhumanity.

That is why I am so strongly committed to supporting you.

I emphasized this in my meeting this morning with Prime Minister Hun Sen.

We discussed the need for this Court to receive the full cooperation of the Government. There should be complete respect for its judicial independence.

I underlined the United Nations’ firm support for these important principles.

As with all of the UN-assisted criminal tribunals, it is not possible to try all offenders at every level of responsibility.

Nevertheless, putting the senior Khmer Rouge leaders on trial, even 30 years after, is itself a powerful message; a message that impunity will not be tolerated — neither by the people of Cambodia and their Government, nor by the United Nations and the international community.

Already, this court has important achievements.

One milestone is the conviction and sentencing of Kaing Guek Eav, known as “Duch”, to 35 years in jail for crimes against humanity.

This victory is significant, not only for the many thousands of people who died or were imprisoned in Toul Sleng prison, but also for survivors everywhere. They can see justice being done.

Cambodians want to see justice done. That is why 31,000 of them personally attended the trial, and many more watched from afar.

It also showed the wish of the Cambodian people and Government to bring a sense of closure and reconciliation to this harrowing chapter in their history.

The indictment of the four most senior surviving leaders of the Khmer Rouge for genocide, crimes against humanity, war crimes and offences under the 1956 Cambodian Criminal Code is another landmark.

This is a significant moment for the Extraordinary Chambers in the Courts of Cambodia.

Beyond all doubt, the Court has shown that it is capable of prosecuting complex international crimes in accordance with international standards.

The Extraordinary Chambers has a unique structure among the UN-assisted tribunals.

It is a Cambodian court, fully within Cambodian jurisdiction. Yet it has international participation and assistance from the United Nations.

This is a source of strength, but it also brings challenges.

It is only natural that these parallel structures lead at times to differences of opinion and approach.

This is why the Agreement between the Royal Government of Cambodia and the United Nations lays down procedures for dealing with such problems.

The ability of the Court to resolve them through an independent judicial process, free from political influence, is one of its greatest assets.

Many of you may be worried about the financing of the Court. Let me assure you that the United Nations is working with the Government and principal donors to ensure that this work can continue uninterrupted until the completion of the Court’s mandate.

I have appointed a Special Expert, Mr. Clint Williamson, to assist on all matters related to the Extraordinary Chambers in the Court of Cambodia. He has visited Phnom Penh twice, and has travelled to capitals in Asia and Europe in pursuit of funding. We are also trying to build on the outcome of the funding conference here in Phnom Penh in September.

I would also like to commend the work of the Independent Counsellor, Mr. Uth Chhorn. After a difficult period in which allegations were made about corruption in the [Extraordinary Chambers] Administration, last year the Government and the United Nations agreed to establish this position. This was a breakthrough that sends a message: the Administration will not tolerate any form of corruption within the Court.

It is clear that Mr. Chhorn is doing an excellent job. He is an independent person to whom all staff can take any concern, informally and confidentially. He has already reported on two complaints. I take this as an indication that the process is working and that he enjoys your confidence.

You have come far. This Court’s success is a tribute to all of you working here.

Each of you plays his or her part: drivers; translators; administrators; prosecutors; judges — national and international staff alike.

You are building an invaluable historical legacy.

You are helping the people of Cambodia continue the process of reconciliation and build a peaceful and prosperous future.

Your work is vital in the world’s fight against impunity.

Tomorrow I will visit the Toul Sleng Genocide Museum — an epicentre of Cambodia’s tragedy.

I go there as a pilgrimage, as a duty that I embrace, a necessary stop for the Secretary-General of an Organization dedicated to protecting people all around the world from the sort of brutality seen here in Cambodia.

That is our most basic and elemental promise to the people of the world.

There should be no more such sorrow, no more such savagery.

And in their place: rights for all; dignity for all; and safety for all.

Once again, you have my great respect and appreciation.

I am determined that the United Nations will do everything in its power to support you.

Let us work, together, for your continuing success.

Let us send a powerful signal to anyone, anywhere, who might commit such crimes in the future.

Never again.

Project Seeks Resolution Outside the Courts

By Sok Khemara, VOA Khmer
Original report from Washington
24 August 2009

In an effort to avoid expensive cases in court that could waste time on trivial matters, the government has been undertaking a project called Access to Justice, which helps solve conflicts at the grassroots level.

Under the UNDP-sponsored project, local groups advocate conflict resolution for a number of problems that plague much of rural Cambodia, including domestic violence, divorce, land fights, conflicts of heritage, cursing, breach of wedding contracts, destruction of property, debt, and ownership of trees on property boundaries.

The project, which began at the end of 2006, was piloted in two districts each in Kampong Speu and Kampong Chhnang provinces, and was expanded to four more provinces, Siem Reap, Battambang, Mondolkiri and Ratanakkiri, reaching in total 56 communes in 20 districts.

It includes justice centers at the district and commune levels, as well as for communities of ethnic minorities.

The method for conflict resolution includes the selection by the people of respected elders or other prominent members of the community, who will solve problems without cost. Cases that cannot be solved are brought to the commune body and then the district.

Community hearings allow people to bring their concerns to local officials, and the project provides training for local authorities on land law, contracts, vital records and the role of citizens. Special training is provided in minority areas.

Nuth Sa An, secretary of state for the Ministry of Interior, told VOA Khmer by phone that he now saw less domestic violence in court cases.

“Our direction is to have a mechanism that can reduce complaints at the top level or the courts, where small issues can be solved at the local level,” he said.

Bora Sok, one of the managers of the project at the Ministry of Justice, said the project was running successfully with the support of authorities and citizens.

“When they have a conflict and file complaints to us, we solve them, mediate it through win-win policies for both sides, which is different from the courts, where there is a winner and a loser,” he said.

The justice centers have seen more than 830 cases at the district level since the project ramped up in January, solving 120 of them. At the commune level, the centers saw 1,320 complaints in the first six months of this year, solving more than 600 of them.

Yim Ban is a mediator and legal assistant for the project in Kampong Speu province. His Phnom Sruoch center has solved 60 of 100 cases since 2007. When he receives a complaint from someone, he said, he calls both sides to meet face to face, seeking not legal redress but mutual understanding.

“For example, in a case of defamation, for 1 million riel or 500,000 riel in compensation, we minimized it to 50,000 riel and ended the case,” he said. “But in some cases, they disagree, and then we show them further procedures and explain the details.”

People often find this method desirable to a court system they don’t trust. “They hate the court,” he said.

Suon Chanthy, from Phnom Sruoch district, had a conflict with her sister over a market stall left to them by their deceased mother. She thought the stall should be hers, as she had taken care of her mother for many years. The case is moving through the justice centers.

“If my sister wants to bring the issue to court, I won’t go, as I don’t have money,” she said.

She has not been able to find a solution in five months, but her sister may have changed her address so the authorities can’t find her, she said.

Another case in the district saw Chub Samnang against a joint petition from fellow villagers, saying he closed down a public road. He says he closed a private path.

“I am willing to compromise as much as possible at the district level, rather than go to the upper level,” or court, he said. “Going to the court is a waste of a lot of time and money.”

But while the Access to Justice program can help many, there are problems when it comes to deciding who will enforce decisions, such as paybacks or the return of property, and the intervention or interfering from third parties remains a concern.

Yang Kim Eng is the president of the People’s Center for Development and Peace. He welcomed the justice project, but warned that it must work for the people and be free of corruption; otherwise, people end up paying twice, at the grassroots level and at the courts.

“If small issues can be solved, that can save time, help development, reduce conflict and promote more unity in the community,” he said.

Directors of the centers in communes and districts receive $150 per month, while two assistants receive $50 each. An additional $30 is provided for administration.

Yeng Virak, executive director of the Community Education Center, which helps minorities in the northeast, said the Access to Justice project was fruitful, but it could be improved.

The system would get better as mediators gained more experience, he said, and work must be done to implement solutions for the party that agrees, while providing advocacy and ensuring authorities involved recognize the solutions.

Yin Sopheap, a UNDP specialist in minority issues, said the traditional methods were being used to solve problems.

“But when people go out, then there’s a problem, as they do not listen to customary authorities or elders,” he said. “So we train them to understand the law. For example, if there is a divorce case, the elder in the village compromises and gives a reason and explanation, but now many don’t listen to the elder.”

His job is to train the elders in a community to understand the laws and rules from outside, to help them solve issues among their groups, especially in cases involving someone foreign to the group.

So far, the project is set to end in March 2010. Government officials and rights workers said they regretted the lack of funding required for the continuation of the project. Meanwhile, the project quietly goes on, part of the reform of the country’s judiciary and part of poverty reduction.