13/4 Report of the Working Group on the Universal Periodic Review - Cambodia
Document Type: Final Report
Date: 2010 Jan
Session: 13th Regular Session (2010 Mar)
Agenda Item: Item6: Universal Periodic Review
GE. 10-10070
Human Rights Council Thirteenth session Agenda item 6 Universal Periodic Review
Report of the Working Group on the Universal Periodic Review*
Cambodia
* Previously issued under document symbol A/HRC/WG.
added under the authority of the secretariat of the Human Rights Council on the basis of editorial changes made by States through the ad referendum procedure. The annex to the present report is circulated as received.
Contents Paragraphs Page
Introduction............................................................................................................. 1-4 3
I. Summary of the proceedings of the review process ................................................ 5–81 3
A. Presentation by the State under review........................................................... 5–
B. Interactive dialogue and responses by the State under review........................ 23–81 6
II. Conclusions and/or recommendations..................................................................... 82–84 13
Annex
Composition of the delegation ......................................................................................................... 22
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its sixth session from 30 November to 11 December 2010. The review of Cambodia was held at the fourth meeting, on 1 December 2009. The delegation of Cambodia was headed by H.E. Mr. Ith Rady, Secretary of State, Ministry of Justice, and Vice-Chairman of the Human Rights Committee of Cambodia. At its 8th meeting held on 3 December 2009, the Working Group adopted the present report on Cambodia.
2. On 7 September 2009, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Cambodia: Bahrain, Cameroon and Nicaragua.
3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of Cambodia:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.
(b) A compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/6/KHM/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/6/KHM/3).
4. A list of questions prepared in advance by Argentina, Canada, the Czech Republic, Denmark, Germany, Hungary, Latvia, the Netherlands, Sweden, Switzerland and the United Kingdom of Great Britain and Northern Ireland was transmitted to Cambodia through the troika. These questions are available on the extranet of the Working Group.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The Cambodian delegation highlighted the importance it attaches to the Council’s work, including the universal periodic review, in promoting and protecting human rights worldwide. It expressed confidence that the review would contribute to Cambodia’s efforts to further enhance human rights. The delegation emphasized the consultative process undertaken in preparation of the national report.
6. Cambodia fully shared the view that all human rights are universal, indivisible, interdependent and interrelated, and that democracy and human rights should be built through these principles, taking into account the historical, political, economic, social and cultural realities of a country. Cambodia had a glorious history, but conflicts and civil war had led to the destruction of all social fabrics including education, health and social protection services, with the loss of qualifications and devaluation of human capital through the Khmer Rouge regime. The country was on a long road to recovery, the delegation noted, towards peace-building, national reconciliation, reconstruction and development. The assessment of Cambodia’s human rights should take this into account.
7. Cambodia is a constitutional monarchy that adopts the principles of democracy and pluralism in its political system, it said. Human rights are enshrined in the 1993
Constitution, which provides, inter alia, guarantees for equality before the law, prohibits all kinds of discrimination, and provides for protection of the freedom of speech and expression, free movement, rights to form associations, to religion and beliefs, and to property and security. The delegation cited Cambodia’s record of accomplishments in many areas, including remarkable success in economic growth, attributed to democratization and the political stability and security in the country.
8. In the context of international cooperation, the delegation cited its engagement with the United Nations human rights framework, including the Special Representative of the Secretary-General for human rights in Cambodia and OHCHR. The Government has also made efforts, in agreement with the United Nations, to establish the Extraordinary Chambers in the Courts of Cambodia for the prosecution of crimes committed during the period of Democratic Kampuchea. Cambodia is party to human rights and humanitarian law instruments, and has been involved in human rights as a member of the Association of Southeast Asian Nations (ASEAN). As a new party to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment (OP- CAT), the Government had taken a practical step through the establishment of a national preventive mechanism by a sub-decree signed by the Prime Minister.
9. Cambodia cited initiatives with regard to institution-building and legal and judicial reforms. A number of laws and regulations relating to political, economic, social and cultural sectors had been adopted, contributing to the realization of basic human rights, including laws on disability and on the right to demonstrate. Efforts had been launched to combat trafficking in persons and enforce the law in that regard. Laws essential to enhancing the rule of law and democracy were under preparation. Civil society actors were participating actively in the promotion of the socio-economic agenda, democracy and human rights.
10. Cambodia stressed its special emphasis on poverty reduction, citing the Rectangular Strategy for Growth, Employment, Equity and Efficiency and the national strategic development plan for 1996-2010, designed to speed up development, especially in rural areas. A plan of the Cambodian Millennium Development Goals had been established in line with other national strategic documents. The Government had introduced the social security system in the Financial Sector Development Strategy 2006-2015. Despite remarkable progress, the quality, efficiency and delivery of the public service remained a challenge. Economic growth was still too narrow to ensure the enjoyment of all human rights. Despite a big reduction in the poverty rate from 1993 to 2007, rural poverty remained high.
11. In implementing the land law and policies, the Government was focusing on strengthening the system of land management, distribution and use, land ownership, land rights security and eradication of illegal encroachment, and preventing the concentration of unused and unproductive lands. More than 1.6 million land titles had been provided. Efforts were also being made to establish institutional and legal frameworks and mechanisms to address the issue of land reform, including programmes pertaining to the rights of ethnic and minority communities.
12. The delegation stressed that the cross-cutting issue of gender was at the forefront of Cambodia’s political agenda and highlighted Government efforts to promote the status of women through the plan entitled Neary Rattanak (Women as Valuable Gems). Steps had also been taken to tackle violence against women. The second phase of the Gender Mainstreaming Strategy had been launched, aimed at promoting women’s capacity- building, enhancing women’s ability to participate in public affairs and eliminating negative perceptions of women.
13. The Government has incorporated relevant concepts of the Convention on the Rights of the Child into a number of laws, and the Department of Anti-Human Trafficking and Juvenile Protection of the Ministry of Interior has cooperated with UNICEF, World Vision, Save the Children Norway and OHCHR on a programme to implement the law against sex abuse, sex trade and trafficking in women and children. Cambodia recognized the importance of education as a major tool for national development of human resources, citing relevant national strategies and progress in that regard.
14. On health matters, the delegation cited interim indicators since 2005 suggesting that health access and delivery continued to improve. It added, however, that health care and rural sanitation services as well as the supply of clean water in rural areas were below Millennium Development Goals targets.
15. The delegation stated that Cambodia had signed the Convention on the Rights of Persons with Disabilities (CRPD) in 2007 and ratified a law in the relevant area in 2009. It cited a policy paper and plan of action on disability containing a series of measures in that regard.
16. Noting that the 1993 Constitution had abolished the death penalty, the delegation stressed Cambodia’s recognition of the rights to life and freedom of its people, mindful of their tragic past experience.
17. Cambodia expressed appreciation for the support provided by the international community in the promotion and protection of human rights and hoped for a sharing of good practices and recommendations during the present review, as well as further technical assistance to enhance the institutional capacity of Cambodia.
18. On advance questions regarding the Anti-Corruption Unit, it stated that fighting corruption was one of the core elements of the Government’s strategic documents. A comprehensive anti-corruption law was going through the final stages of approval within the Government. Meanwhile, the existing legal framework and institutional mechanisms were being invoked to reduce and prevent corruption. The structure of the Anti-Corruption Unit had been reorganized through a 2006 sub-decree and an office for the receipt of complaints had been established. The delegation noted that disciplinary actions had been taken against State officials involved in corruption. In public management, more transparency was being ensured in the competitive bidding processes. Education campaigns had also been launched. Results were already being seen, including increasing private sector investments, macroeconomic growth and galloping increases in Government revenues resulting from enhanced transparency and predictability. It noted that eradicating corruption was a long-term, challenging endeavour. The Anti-Corruption Unit would be further strengthened with sufficient staff and expertise and would be assisted in prosecuting people accused of corruption. The delegation stated that the anti-corruption law would be included in the agenda of the Council of Ministers’ meeting on 11 December 2009.
19. The delegation stated that Cambodia was committed to establishing an independent human rights institution.
20. On questions relating to land issues, the delegation reiterated that land grabbing was not the policy of the Government. The Government had taken serious steps and measures to address the issue and would expand upon that further.
opposition party have complete freedom to publish. It remarked that individual rights come with the special responsibility of maintaining national interest, national unity and security.
22. On follow-up to the universal periodic review, the delegation stated that the Cambodian Human Rights Committee, which coordinated the preparation of the national report, would continue to follow up with key ministries and agencies. The Government would consider broader cooperation with civil society for Cambodia’s next review. The delegation thanked OHCHR and development partners for their support.
B. Interactive dialogue and responses by the State under review
23. During the interactive dialogue, statements were made by 53 delegations.1 A number of them thanked the Government for its national report, presentation and responses to advance questions. Several States also commended Cambodia’s cooperation with international human rights mechanisms, including the Special Representative and OHCHR, and Cambodia’s accession to major human rights instruments. Some also noted Cambodia’s efforts to overcome the legacy of its tragic past and to establish democracy built around the principles of the rule of law and good governance. Also noted was the country’s development in the past decades in terms of stability, economic growth and respect for human rights. Recommendations made during the interactive dialogue are listed in section II of the present report.
24. Myanmar noted Cambodia’s openness in acknowledging its human rights challenges such as a weak social security net for workers and high rural poverty rate. Myanmar welcomed Cambodia’s initiatives to reduce poverty with the Rectangular Strategy and the national strategic development plan and achievements in that regard. Myanmar made recommendations.
25. Algeria welcomed Cambodia’s efforts in a number of sectors, such as poverty reduction through the Rectangular Strategy and the national strategic development plan. It regretted that poverty was only reduced by one percent each year, making it difficult to achieve the Millennium Development Goals. Algeria made recommendations.
26. Brunei Darussalam was encouraged by Cambodia’s efforts to develop institutional frameworks for human rights, poverty reduction and legal and judicial reforms. Brunei expressed appreciation for Cambodia’s cooperative approach in building a strong commission on human rights within ASEAN. It made a recommendation to Cambodia.
27. Turkey encouraged the authorities to take into consideration the recommendations made by the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination against Women and the Committee against Torture to intensify the fight against trafficking and address the root causes, including through gender- sensitive poverty reduction strategies. Turkey noted challenges in the field of education and made a recommendation. Noting that more than 70 per cent of the urban population lives in slums, it encouraged adoption of a national housing policy. It asked about further technical assistance required by Cambodia.
28. Sweden was concerned about reports of displacement after legally doubtful land concessions, of evictees forced to resettle far from their original homes, and of human rights monitors denied access to sites. It noted the need for legal reforms for an independent
1 Due to time constraints, the following delegations were unable to take the floor: Cameroon, Chile,
Senegal, Latvia, Bangladesh, South Africa, Argentina and Mauritius.
and impartial judiciary and for the Government to refrain from measures to influence or instruct judges on specific cases. It expressed concern about corruption, access to public service, women’s rights and human trafficking. It made recommendations.
29. Belgium applauded the dialogue with civil society and encouraged Cambodia to pursue its efforts. It welcomed the current trial against Duch and hoped that the Extraordinary Chambers would play an important role in respect of human rights and the fight against impunity. Belgium noted with concern cases of political influence and corruption in the Extraordinary Chambers. It enquired about the evaluation of their work and measures to guarantee their independence. Belgium made recommendations.
30. Canada underscored Cambodia’s commitment to civil and political rights but expressed concern about the use of courts to limit freedom of expression and political freedom and the lifting of parliamentarian immunity of opposition members. Canada noted Cambodia’s resolution to establish good governance, democracy and respect of human rights and stated that peace and stability, reconstruction and economic development go together with human rights. Canada made recommendations.
31. Singapore noted progress in areas such as infrastructure development, health care, education, poverty reduction and rural development. It recognized Cambodia’s ongoing dialogue and cooperation to implement public sector reform. It noted the positive impact of Cambodia’s focus on human resource development and stated that only by promoting best practices and changing mindsets in the public sector could future reforms be effective.
32. Malaysia was pleased to note that Cambodia was moving ahead with its development strategy encompassing economic growth, poverty reduction and human resources development. It was particularly encouraged to note Cambodia’s serious efforts in combating violence against women, including domestic violence, and trafficking in women and children. Malaysia made recommendations.
33. The Lao People’s Democratic Republic welcomed Cambodia’s progress in recovery efforts, in implementing its national strategic development plan and in human rights, legal and judicial reform and land reform. It welcomed the establishment of institutions to promote and protect human rights, hoping that Cambodia would continue to fulfil its obligations and overcome the challenges of poverty. It made a number of recommendations.
34. Brazil noted the activities of the Extraordinary Chambers, democratization efforts, judiciary strengthening, poverty reduction, pursuit of sustainable development and abolition of the death penalty. It asked about the fulfilment of children’s rights, women’s rights and measures against discrimination, as well as economic, social and cultural rights, with attention to the rich-poor gap, urban-rural inequality and land use. It made recommendations.
35. The United Kingdom of Great Britain and Northern Ireland welcomed Cambodia’s emphasis on strengthening governance, judicial reform and equal enforcement of the law. Recognizing that a defamation law protects privacy and reputation, it noted however that freedom of opinion and expression must be respected. It recognized that land disputes should be resolved to give the rural poor access to land titles. It asked about building on civil society consultation as part of the follow-up and about planned reforms of the legal and judicial system. It also made recommendations.
selection for public officials. It urged the international community to assist Cambodia and made recommendations.
37. Morocco applauded measures to build institutional capacities and create a national human rights institution. Morocco cited the National Council on Ethnic and Demographic Issues as an example of how to instil the principle of tolerance and coexistence in a society and asked for additional information about the role of the Council in promoting minority rights. Morocco made recommendations.
38. Indonesia commended the establishment of the Cambodian Human Rights Committee and the Senate Complaints Commission, noting that these institutions were further strengthened through the Rectangular Strategy. Indonesia also noted the importance Cambodia attached to setting up adequate structures for the protection of vulnerable groups, expressed appreciation for the Government’s openness about the difficulties and challenges faced, and made a recommendation.
39. Spain noted Cambodia’s commitment to combat child prostitution and trafficking. Spain welcomed the abolition of the death penalty. It supported the reform and strengthening of Cambodia’s judiciary and highlighted efforts for protection of minors. It made recommendations.
40. Japan commended efforts for development and improvement of people’s lives. It was encouraged by and supported Cambodia’s efforts to protect and promote human rights and democracy. Japan appreciated progress made on the Khmer Rouge tribunal and the development of the domestic legal system. It made recommendations.
41. Pakistan noted Cambodia’s recent remarkable economic growth as well as the dividends of democracy Cambodia had started to receive, reflected in achievements in social, economic, political and cultural fields. Pakistan expressed appreciation for Cambodia’s ambitious strategies to promote and protect human rights. It enquired about Cambodia’s experience in reforming the legal and judicial system, and made recommendations.
42. Egypt noted progress in poverty reduction, ensuring the right to education and health, and upholding the rule of law through the reform of the judicial system, with a focus on guarding against impunity for past crimes. Egypt noted efforts to ensure gender equality and protect the rights of women and children, and sought more information on policies and strategies to attain social cohesion and the Rectangular Strategy. Egypt also put forward recommendations.
43. France regretted that steps taken to strengthen the rule of law fully guarantee neither the independence of judges, nor the right to a fair trial. As to the frequent lifting of the immunity of opposition parliamentarians, France asked about measures to ensure that freedom of expression complies with international standards. It noted a high degree of violence against women and girls despite legislation adopted. France made recommendations.
44. The Netherlands noted reports of corruption and political interference in the
Extraordinary Chambers, and interference in the Constitutional Council and the Supreme
Council. Taking note of efforts in the area of land ownership and reform, it cited reports of
legally dubious land concessions, land-grabbing and forced evictions. It noted that a more
equal distribution of wealth and opportunities would enhance economic, social and cultural
rights. It welcomed the national strategic development plan and the educational strategic
plan for 2006-2010, but noted public that expenditure stood at 3.
45. Sri Lanka expressed appreciation for the importance Cambodia attaches to economic, social and cultural rights while building a strong democracy that promotes and
protects civil and political rights. It commended Cambodia’s emphasis on poverty reduction. It noted recent efforts to improve the legal and judicial system, the rule of law, good governance and the institutional framework related to the protection of human rights, and enquired about the role of the Senate Complaints Commission and establishment of a national human rights institution.
46. Viet Nam noted Cambodia’s great efforts and recorded achievements in national reconciliation, reconstruction and socio-economic development. It commended the reforms undertaken in political stability and security, education, health, poverty alleviation, anti- corruption, land use and advancement of the rights of women and other vulnerable groups. It made recommendations.
47. Mexico recognized advances made to confront recent history and serious human rights violations, as well as Cambodia’s cooperation with the international community. It noted that Cambodia faced significant challenges in strengthening its human rights’ protection with international support. Mexico asked about the status of the establishment of the national preventive mechanism, once OP-CAT was ratified. It made recommendations.
48. China welcomed the establishment of the commissions for human rights and the receipt of complaints, and the National Human Rights Committee. It noted Cambodia’s rather weak social economic foundation, which must be considered when assessing the human rights situation. It commended the Rectangular Strategy and the national strategic development plan, which had sped up economic growth. China asked about progress made in land reform and how it was impacting on the protection of human rights.
49. The Russian Federation, while acknowledging the problems and challenges faced by Cambodia, commended efforts to ensure recovery, implement a policy of national reconciliation, support stability in society as well as high rates of economic growth, and improve living standards. It put forward recommendations.
50. Belarus welcomed efforts to enhance and protect human rights through measures to combat poverty and unemployment, facilitate access to health care and provide basic education. Belarus appreciated efforts to improve the legal and judicial systems as well as legislative initiatives to combat trafficking of persons, and made a number of recommendations.
51. Thailand noted the legal and judicial reforms, which would enhance implementation of the core international human rights instruments and help strengthen the rule of law. It welcomed the Rectangular Strategy and national strategic development plan and the clearance of landmines. It congratulated Cambodia for recognizing that more needs to be done to meet the rising expectations of its people. Thailand made recommendations.
52. The Philippines noted the persistence of underdevelopment and resource constraints, as well as Cambodia’s commitment to human rights and its openness and cooperation with the international community, including the Council and treaty bodies. It applauded Cambodia’s decision to establish an independent national human rights institution. It noted that improving literacy and quality of education was a challenge and observed Cambodia’s measures to curb violence and sexual exploitation of women and girls. It made recommendations.
53. The Republic of Korea noted Cambodia’s efforts, especially in the social, economic, political and cultural fields. It shared treaty body concerns about the lack of judicial independence and impunity. It asked about strategies to address these concerns. It took note of stakeholders’ submissions, referring to public education initiatives that had produced a change of attitude towards disability. It made recommendations.
54. In its responses, the Cambodian delegation highlighted that land issues are among the priorities in its national agenda. The delegation explained the objectives of the 2001
land law, inter alia to determine ownership; apply the law through negotiations with the rightful private owners to avoid litigation; and find solutions providing evictees with appropriate compensation or relocation. Cambodia established a national authority for the resolution of land disputes in 2006. The policy and legal framework for effective implementation of the land law has been developed and approved by sub-decrees and the draft policy on a land evaluation system. The Council of Ministers also recently announced the creation of a working group to find satisfactory solutions for landowners and land occupants prior to eviction.
55. The land dispute resolution mechanism has so far resolved 1,400 cases. There are continuous efforts to improve and implement land registration procedures for systematic and sporadic titling. The delegation also reported progress in transparency and accountability. Immediate challenges ahead were to curb further illegal land occupancy and land concentration for unproductive purposes. Priority is given to people needing land for building houses and for farming, taking account of the needs of vulnerable groups.
56. Given the importance of land for social development in Cambodia, especially for poverty reduction, the delegation acknowledged the challenges of land administration, requiring a commitment in terms of human resources, time and financing.
57. On freedom of expression, the delegation reiterated that Cambodians have largely enjoyed this right. Citing article 19 (3) of the International Covenant on Civil and Political Rights (ICCPR), it noted that Cambodia could accordingly impose restrictions on that right. Cambodia appreciates the expression of all views, including criticism, which would positively contribute to the promotion of democracy and human rights.
58. In response to questions on the Extraordinary Chambers, Cambodia remarked that they were the product of negotiations between Cambodia and the United Nations. The Extraordinary Chambers are a Cambodian court with international participation, thus contributing to the strengthening of the court system in Cambodia. Between January and February 2009 a mutual understanding had been reached concerning the strengthening of the structure and administration of the Extraordinary Chambers. It was hoped that it would become a model court. The delegation noted that the first trial would close at the end of 2009 and the second case resume at the beginning of 2010.
annual poverty index reduction of one percent. It highlighted land distribution among citizens and minority communities in need, in the framework of agrarian reform promoted by the government, ensuring ownership through land registry and legal granting of land. It made recommendations.
63. Azerbaijan expressed support for Cambodia’s efforts to accelerate democratization. Azerbaijan noted that Cambodia was in the process of establishing a national human rights institution, encouraged Cambodia to further improve its judiciary system through ongoing reform efforts, and made recommendations on these and related issues.
64. India welcomed the Extraordinary Chambers’ achievements and the recent elections at community level. India expressed appreciation for Cambodia’s prioritization of poverty reduction through its National Strategic Development Plan, in particular its education component. It remained concerned about the drop-out rate, particularly amongst girls. India echoed CESCR’s concerns on the absence of an anti-discrimination law for persons with disabilities. It was encouraged by Cambodia’s decision to ratify the CRPD and its intention to establish a national human rights institution in compliance with the Paris Principles.
65. Bhutan welcomed Cambodia’s strategies to achieve greater human development. It recognized the challenges and constraints faced by Cambodia due to its history, but cited with appreciation notable progress made in recent years in Cambodia’s socio-economic and political development. Bhutan made a recommendation.
66. While citing progress made in rebuilding Cambodia’s judiciary and eliminate judicial corruption, the United States of America noted allegations of corruption. It noted that, once passed, the anti-corruption law should be effectively and consistently implemented. It called for further efforts to eliminate the worst forms of child labour and to protect workers’ rights. It noted also that freedom of association is limited, anti-union discrimination and violence against trade union leaders goes unpunished. The United States made recommendations.
67. New Zealand acknowledged Cambodia’s progress in some areas, including in poverty reduction and landmines clearance. It remained concerned, however, about reports of restrictions on the freedom of expression, including access to the media, and limitations on freedom of the press and freedom of assembly, as well as on the work of civil society. It also expressed concern about reports of large-scale evictions and increasing conflicts over land. While noting positive efforts to establish an independent judiciary, it remained concerned about reports of corruption and inefficiency within the judiciary. New Zealand welcomed Cambodia’s signature of CRPD in 2007, and put forward a number of recommendations.
68. Israel acknowledged Cambodia’s continuing strides towards establishing democracy, in spite of its difficult path towards peace and stability, and noted that its openness to capacity-building and international cooperation infused its efforts to realize human rights for all. In that spirit, Israel made a number of recommendations.
69. Slovenia commended Cambodia’s Neary Rattanak plan. It asked about including in law a definition of discrimination against women, adequate sanctions, effective remedies and special measures to accelerate de facto equality. It noted that sexual violence against women was still a major problem, despite the adoption of the 2007 law against domestic violence. It noted that children’s and girls’ right to education remained problematic and asked about obstacles preventing girls from continuing their education, such as early and forced marriages. It made recommendations.
70. Slovakia noted Cambodia’s lack of judicial infrastructure and resources and the inability of its judiciary to protect the public from human rights violations. In that regard, Cambodia could seek international assistance in pursuing an independent, impartial,
corruption-free judiciary. It noted reports of sexual violence against women and human trafficking, especially of women and girls for sexual exploitation. It made recommendations.
71. Hungary welcomed the establishment of the national human rights institute. It expressed concern about the shortcomings with regard to the rights to freedom of peaceful assembly and freedom of expression. With reference to the observation of the 2008 elections by the European Union election observation mission, it noted that further consideration should be given to the full implementation of election regulations in the future. Hungary made recommendations.
72. Nepal stated that for the process of post-conflict peace-building, national reconciliation, reconstruction and development to succeed, Cambodia needed continued understanding, sensitivity and support of the international community. It asked Cambodia to share its experiences in creating indigenous institutions in the post-conflict phase and wondered how those institutions were supportive of its liberal economic policies.
73. Italy appreciated Cambodia’s efforts in promoting gender equality, particularly its commitment to a 50 per cent quota for women in public administration. It welcomed the Neary Rattanak plan as a means to build women’s capacity. Italy was concerned by reports indicating that gender equality remained a challenge. It welcomed Cambodia’s efforts against human trafficking. Italy asked if Cambodia still intended to modify legislation concerning the activities of non-governmental organizations, as announced in 2008 and if so, how. It made recommendations.
74. Norway appreciated Cambodia’s cooperation with the United Nations human rights system, ratification of several human rights instruments and cooperation with the Special Rapporteur. Norway recognized efforts in combating human trafficking and gender violence. It remained concerned about reports of a lack of judicial independence and effectiveness, and the vulnerable situation of human rights defenders. It made recommendations.
75. Austria noted that discrimination against women and traditional perceptions were still widespread, and that women were affected by sexual and domestic violence. It asked about plans to improve women’s access to employment and to address impunity of rapists. It also noted several reported cases of intimidation and violence against trade unionists, staff of non-governmental organizations and journalists and asked about plans to ensure proper investigation and prosecution of those responsible. Austria commented on so-called “clean-up operations” by which poor people living on the streets were arbitrarily arrested and detained in “rehabilitation centres”. Comments were also made on the use of excessive force by police and soldiers in evictions taking place outside a proper normative framework, and recommendations were put forward.
76. Germany noted with concern reports on the intimidation of human rights defenders, non-governmental organizations and the media, and in some cases lifting of immunity of parliamentarians, in order to prevent them from raising their voice to protest human rights violations. With regard to the freedom of expression and Cambodia’s concepts of defamation and disturbance of public order, Germany enquired as to how Cambodia reconciled such restrictive approaches with the obligations it had taken on when ratifying ICCPR. Germany made a number of recommendations.
77. Ireland expressed concern about reports of threats and attacks against human rights defenders in Cambodia. It underscored the importance attached by the Special Rapporteur in his latest report to controlling corruption. Ireland welcomed the announcement made by the delegation of Cambodia’s intention to adopt anti-corruption legislation. Ireland made recommendations.
Bosnia and Herzegovina recognized that significant progress had been made in national strategies and action plans to address human rights challenges. It noted, however, the concerns of the Committee on the Elimination of Discrimination against Women about gender-role stereotyping. It noted that, although reports indicated that the 2008 elections had not fully met international standards, the participation of women as voters and candidates had increased. A recommendation for further improvement in this area was put forward.
78. The Czech Republic noted a number of pending visits for special procedures and enquired whether and when they would be able to visit the country. While welcoming initiatives to train prison staff on human rights, it made a number of recommendations relating to detention conditions and other matters.
79. The Congo saluted the creation of the Human Rights Committee. It encouraged Cambodia to continue its programme of judicial reforms to fight impunity and provide for a just and effective judiciary. It welcomed the abolition of the death penalty and the efforts made to reduce poverty. It praised Cambodia’s determination to guarantee the right to education without discrimination. The Congo made a recommendation.
80. Angola expressed satisfaction at the prioritization of poverty reduction and asked about such policies. It took note of efforts for the improvement of the judiciary and asked how the international community could contribute to reinforcing the judiciary’s capacity. It welcomed strategies to reduce child labour and asked for clarification on them. It noted with satisfaction that Cambodia supports the creation of unions and protects them constitutionally, and asked how that process was monitored. It made recommendations.
81. Cambodia thanked all delegations for their constructive participation. Acknowledging that Cambodia, like all other countries, had areas requiring more attention and further action, the delegation gave its assurance that the comments, suggestions and recommendations made had been duly noted and would be fully submitted for consideration by the Government.
II. Conclusions and/or recommendations
82. In the course of the discussion, the following recommendations were made to Cambodia:
1. Consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance (CED) and the Convention on the Rights of Persons with Disabilities (CRPD); the two Optional Protocols to the International Covenant on Civil and Political Rights (ICCPR); the Optional Protocols to the Convention on the Elimination of All Forms of Discrimination against Women and CRPD; and Convention No. 169 of the International Labour Organization, and accomplish the human rights goals set by Human Rights Council resolution 9/12 (Brazil);
2. Sign and ratify CED and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR); ratify OP- ICCPR, OP-CEDAW and CRPD and its Optional Protocol (Spain),
3. Consider ratifying CRPD and ensuring its full implementation in domestic law (New Zealand);
4. Consider early ratification of OP-CEDAW, signed in 2001 (Slovakia);
5. Continue legal and judicial reforms and harmonization of the laws with international human rights instruments (Morocco);
6. Widen its consultation process on the development of policy, legislation and regulations to ensure that all legislative instruments are assessed as to their positive and negative impacts on human rights (United Kingdom);
7. Expedite operationalization of an independent human rights institution in accordance with the Paris Principles (Pakistan); accelerate the steps currently under way for the establishment of a national human rights institution consistent with the Paris Principles (Egypt); continue its efforts to establish a national human rights institution in accordance with the Paris Principles, which would strengthen the human rights infrastructure within the country (Thailand); advance the process of establishing an independent national human rights institution in a pragmatic manner and in consultation with all relevant actors (Philippines);
8. Build on progress towards the establishment of an independent national preventive mechanism with the necessary mandate and resources to fulfill its obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Denmark);
9. Reinforce relevant institutional capacity to maximize the implementation of its five-year plan (2006-2012) for the elimination of the worst forms of child labour (United States);
10. Continue strengthening its reforms programmes in all sectors to guarantee the human rights and freedoms enshrined in its Constitution (Brunei);
11. Redouble its efforts and resources to reach the target sets by the Millennium Development Goals for the improvement of the political, economic, social and cultural rights of the Cambodian people (Malaysia);
12. Continue its efforts to combat poverty; ensure sustainable development; improve access to health care and education; and achieve the Millennium Development Goals (Russian Federation);
13. Continue to cooperate with the international community in its effort to further advance democratic society and to improve human rights and the well- being of its people in accordance with national priorities as reflected in its development strategies and policies (Bhutan);
14. Continue to pay particular attention to continuing an inclusive process which takes into account all elements of society, and to create favourable conditions, in particular for those living in rural areas, in the framework of the strategic development plan mentioned in paragraph 33 of the national report (Morocco);
15. Promote human rights education and training at all levels, including for Government officials, in order to raise awareness about human rights for all (Thailand);
16. Further strengthen its advocacy efforts to enhance public awareness of human rights in general and the human rights of vulnerable groups, including women, children, the disabled, the elderly and indigenous people, in particular (Republic of Korea);
17. Submit its pending reports to the relevant treaty bodies (Pakistan);
18. Consider issuing a standing invitation to United Nations human rights special procedures (Brazil); issue and implement a standing invitation to all
special procedures (Czech Republic); issue a standing invitation to all Council special procedures (Slovakia);
19. Consider favourably the request for visits by thematic mandate-holders (Norway);
20. Approve the request for a visit by the Special Rapporteur on the sale of children, child prostitution and child pornography (Norway); respond positively to the requests for a visit by the Special Rapporteur on the sale of children (Spain);
21. Grant the request made by the Special Rapporteur on the independence of judges and lawyers in 2006, 2008 and 2009 to visit the country (Netherlands); approve the request for a visit by the Special Rapporteur on the independence of judges and lawyers (Norway);
22. Enact legislation that clearly defines discrimination against women and provides for effective remedies (Austria);
23. Continue the implementation of the necessary affirmative measures to achieve gender parity (Cuba);
24. Tackle the roots of gender inequality through concrete actions aimed at safeguarding women’s rights within the family as well as appropriate measures of awareness-raising and human rights education (Italy);
25. Increase its effort in promoting women’s empowerment and capacity- building through public awareness, education and skill training (Malaysia);
26. Conduct a wide awareness-raising campaign to sensitize society to issues of gender equality(Azerbaijan);
27. Establish independent and impartial investigations into all allegations of torture and other ill-treatment and bring perpetrators to justice (Denmark);
28. Take further concrete steps to address cases of torture in prisons, in particular to ensure impartial and independent investigation of all cases of alleged mistreatment or torture, punish all personnel responsible for torture or mistreatment and provide victims of torture effective access to remedy (Czech Republic);
29. Adjust detention and prison facilities as well as standards of treatment so that they are gender-sensitive and ensure effective protection of the personal safety of all detainees and prisoners (Czech Republic);
30. On sexual violence against women, undertake due and timely investigations of all reported cases, punish the perpetrators and implement necessary rehabilitation programmes for the victims; intensify Government efforts to raise public awareness against this negative phenomenon and to fight persistent traditional stereotypes (Slovakia);
31. Sensitize police officers and law enforcement officials and take measures to effectively prosecute sexual and domestic violence (Austria);
32. (a) Intensify its effort to improve human rights for women and to combat key problems such as human trafficking, sexual violence, domestic violence and exploitation of women and children (Norway); (b) continue to fight discrimination and sexual exploitation of women and girls, especially through enhancing efforts to combat trafficking in persons (Philippines); (c) strengthen and amend when necessary its Second National Plan on Human Trafficking
and Sex Trafficking, 2006-2010, as well as the law on anti-trafficking passed in 2008, and ensure their due implementation (Slovakia); (d) fully implement the Second National Plan on Human Trafficking and Sex Trafficking, with particular emphasis on measures to support victims, such as legal, medical and psychological support and provision of shelters (Italy); (e) intensify its efforts to combat trafficking in persons and eliminate violence against persons (Belarus); (f) intensify its fight against trafficking, including by addressing the root causes of the problem such as gender-based poverty (Malaysia); (g) strengthen the role of its police and other enforcement authorities in dealing with trafficking in women and children (Malaysia); (h) deepen its actions in fighting against child prostitution and trafficking of minors (Spain); (i) continue to take the necessary measures for effectively fighting human trafficking and child labour (Germany);
33. Intensify its fight to eliminate forced labour and the severest forms of child labour (Congo);
34. Continue its efforts to promote and protect human rights and to strengthen good governance and respect for the rule of law (Indonesia); continue to strengthen the rule of law and good governance as a means to help enhance human rights promotion and protection within the country (Thailand);
35. Adopt a law against corruption (Switzerland);
36. Swiftly review and pass the anti-corruption law, which would include tough penalties for government corruption and would subject public officials to financial disclosures (United States);
37. Implement anti-corruption legislation through an independent and non- partisan anti-corruption commission (Ireland);
38. Take further measures to proceed with its judicial reform, to address land issues and to combat corruption, as these are important for the promotion and protection of human rights as well as the consolidation of democracy (Japan);
39. Take measures to ensure everyone’s equal access to justice, in accordance with international standards (Sweden);
40. (a) Ensure the independence and impartiality of the judicial system (Sweden); (b) ensure the independence of the judiciary, without any political intervention (Switzerland); (c) strengthen mechanisms guaranteeing judicial independence, including fully empowering the Government anti-corruption unit to act against corruption within the judiciary (New Zealand); (d) intensify its efforts towards establishment of a fully independent, impartial and neutral judiciary, free from corruption in accordance with international standards, guaranteeing that all perpetrators of human rights violations are held accountable and nobody goes unpunished (Slovakia); (e) look for means to improve the remuneration system for judges to offer better guarantees of independence (Spain);
41. Complete the process of judicial reform and enact essential legislation such as a new penal code, an anti-corruption law and legislation to guarantee and safeguard the independence and impartiality of the court system, court personnel and judges in accordance with international standards (Norway);
42. Adopt and enact the Law on the Status of Judges, the Amendment of the Law on the Organization and Functioning of the Supreme Council of
Magistracy and the anti-corruption law in accordance with recommendations made by the Special Representative of the Secretary-General for human rights in Cambodia, the United Nations Development Assistance Framework and the Committee on Economic, Social and Cultural Rights, respectively, and create and adopt a code of conduct for judges, prosecutors and disciplinary councils, including disciplinary provisions (Israel);
43. (a) Continue to support the important work and independence of the Extraordinary Chambers within the Cambodian court system (Canada); (b) continue and strengthen the activities of the Extraordinary Chambers in the area of the right to truth and reconciliation (Brazil); (c) regarding the Khmer Rouge tribunal, make further efforts for smooth court proceedings and the early completion of its work, in view of its unexpected delay (Japan); (d) cooperate with the Extraordinary Chambers, the United Nations, international donors and civil society to develop a strategy aimed at ensuring that the national jurisdictions can benefit from the experience of the Extraordinary Chambers (Belgium); (e) take steps to ensure that the work of the Extraordinary Chambers, including the involvement of international judges working alongside Cambodian judges, is harnessed to contribute to the strengthening of the Cambodian judiciary (New Zealand);
44. Guarantee the independence of the Extraordinary Chambers and allow them to prosecute and try offenders other than those already indicted (Belgium);
45. Fully cooperate with the United Nations to ensure that all allegations of corruption and political influence are rapidly investigated by an independent and impartial mechanism and that cases found are submitted to the authorities for judicial proceeding (Belgium);
46. (a) Ensure that the freedom of expression and of the press guaranteed in the Constitution are effectively respected (Switzerland); (b) review its newly adopted penal code with a view to ensuring its compliance with the permissible limitations to freedom of expression as stated in ICCPR (Czech Republic); (c) take effective measures to ensure the freedom of expression and opinion by amending the press law that allows for a broad interpretation of the vague term “humiliation of national institutions” and authorizes censorship, the suspension of publishing and imprisonment under the guise of national security and political stability (Israel); (d) adopt legislative measures necessary so that journalists are not persecuted while exercising their profession and violations of the limits on freedom of expression are not sanctioned criminally (Mexico); (e) define the scope of defamation and disinformation charges to ensure that these do not impinge on freedom of expression and give clear guidance to judicial officials so that these provisions do not result in a large number of cases where the charges are disproportionate (United Kingdom);
47. Elaborate an action plan for ensuring free access to the electronic media and for liberalizing the electronic media ownership rules (Hungary);
48. (a) Commit itself to respecting freedom of expression and opinion for all, in particular for members of the opposition (Canada); (b) re-examine the modalities for lifting parliamentarian immunity to ensure that this practice does not contravene the principles of pluralism and respect for freedom of expression (France);
49. Take due steps towards the full implementation of the election regulations in the future (Hungary);
50. Continue making efforts to increase the political participation of women, the percentage of women and young people in positions at all levels of society and the participation of women in the labour market under equal conditions (Bosnia and Herzegovina);
51. Strengthen efforts to protect freedom of expression and the right of all human rights defenders, including those working on land rights issues, to conduct their work without hindrance or intimidation, including by way of safeguarding freedom of assembly and association (Sweden);
52. Facilitate the work of non-governmental organizations and other relevant civil society groups in the country (Italy);
53. Develop a policy to protect human rights defenders (Brazil);
54. (a) In line with a previous recommendation made by the Committee on Economic, Social and Cultural Rights, adopt effective measures to combat the culture of violence and impunity and to better protect human rights defenders, including indigenous leaders and peasant activists (Germany); (b) publicly speak out on reported cases of intimidation and violence – including murder – of trade unionists, the staff of non-governmental organizations and journalists and to ensure effective investigations and accountability for perpetrators (Austria); (c) effectively investigate and prosecute crimes and violations against human rights defenders and punish those responsible (Norway); (d) investigate and prosecute any attacks on – or false allegations in relation to – human rights defenders, in particular those working with communities to protect land, houses and access to natural resources and prevent forced displacement, an issue that has been reported on by the Special Rapporteur and the Committee on Economic, Social and Cultural Rights (Ireland);
55. Adopt appropriate measures to disseminate widely and ensure full observance of the Declaration on Human Rights Defenders (Norway);
56. Ensure that the draft law on non-governmental organizationsdoes not make their working conditions more difficult and respect their freedom of expression and association (France);
57. Work towards a further reduction of the level of unemployment, including through the design and implementation of programmes of vocational training and retraining of its citizens and job creation (Belarus);
58. Take all necessary measures to ensure that the trade union rights of workers in Cambodia are fully respected and that trade unionists are able to exercise their activities in a climate free of intimidation and risk to their personal security and their lives (United States);
59. Establish labour courts in an effort to guarantee respect for worker rights and to provide legal and efficient solutions to labour disputes, and revise the law on trade unions (United States);
60. Intensify its engagement with the international community to share its experiences in strengthening good governance and the land reform programme with a view to effectively fulfilling the Government’s duties with accountability and pursuing equitable and efficient management of the distribution and utilization of land (Myanmar);
61. Intensify efforts to promote fair access to land ownership and good governance, and continue reforms undertaken with the assistance of the international community, in particular the High Commissioner for Human
Rights, to reinforce institutional capacities and achieve the enjoyment of full human rights by the population (Algeria);
62. Promote a legal framework that provides legal certainty in property matters, in particular land ownership and protection against forced evictions (Mexico);
63. Consider fostering policies on land use and urban-rural inequality and continue efforts to combat poverty (Brazil);
64. (a) Fully implement the 2001 land law and institute a moratorium on evictions until safeguards such as full compensation and access to basic services in resettlement areas can be guaranteed (Sweden); (b) adopt a moratorium on eviction until measures are taken to guarantee effective implementation of the 2001 law on land property and to deal with this problem in a more humane and dignified manner (Switzerland); (c) put an end to forced evictions, notably by improving the application of the land law of 2001, ensuring a better verification of land titles and guaranteeing strengthened protection of the population affected by the expropriations, which implies in particular prior consultations, a search for alternative solutions to expropriations, offers of re-housing and appropriate compensation of evicted persons (France);
65. Continue to prioritize the issue of land evictions and to work with the Special Rapporteur to ensure an end to forced evictions and fulfil its obligations to respect and protect the human rights of all Cambodians, including individuals belonging to indigenous groups (Ireland);
66. (a) Undertake a transparent and fair process to determine the conditions and procedures of involuntary relocation (Canada); (b) halt relocations of families to uninhabitable sites and consider evictions as a last recourse, as was requested by the Secretary-General (Germany); (c) develop an effective, transparent and fair resettlement policy and process that is based on national consultations and international best practice and suspend all planned resettlements until this framework is in place (United Kingdom); (d) increase efforts to ensure that evictions occur in compliance with the land law and that greater attention is paid to ensuring that communities relocated to resettlement sites have access to appropriate facilities, especially in urban areas (Australia); (e) work to advance the legal and policy framework on evictions, expropriations and resettlements and to ensure that those resettled have access to the necessary facilities and support (New Zealand);
67. Adopt and implement a strict legislative framework on evictions and resettlement which ensures that evictions and relocations are legal, negotiated and fairly compensated (Austria);
68. Enter into a dialogue with the civil society concerned with a view to addressing incidents of unlawful land-grabbing and evictions (Netherlands);
69. Intensify programmes aimed at eradicating poverty and improving socio-economic indicators (Algeria);
70. Continue to implement its national strategy to reduce poverty, especially in rural areas, and to enhance the general standard of living of its citizens (Belarus);
71. Continue to implement strategies to reduce poverty and to improve and promote education (Angola);
72. Make it a priority in its future plans to improve the situation of certain vulnerable groups, such as women, particularly those in rural areas, children, and persons with disabilities (Algeria); take further measures to provide protection and assistance to vulnerable social groups, including the elderly, persons with disabilities, poor families, orphans and others (Belarus);
73 Promote and protect the rights of vulnerable peoples, the right to education and to right to development to bring down poverty in urban and rural areas simultaneously while maintaining peace, stability and protection of the environment (Lao People's Democratic Republic);
74. Close the so-called rehabilitation centres, where poor people living on the streets arrested in police operations are held, and pursue adequate social policies that address the problems of the concerned socially disadvantaged groups (Austria);
75. Ensure transparent management of oil, gas and mineral revenues to meet the social and economic rights of people living in Cambodia by adopting international best practice, in particular implementation of the Extractive Industries Transparency Initiative (Ireland);
76. Intensify its public expenditure on the implementation of economic, social and cultural rights (Netherlands); continue efforts in allocating more resources to ensure the betterment of economic and social rights of citizens, in particular in the areas of poverty reduction, urban-rural equality, education, public services, etc. (Viet Nam); carry out the necessary efforts to increase expenditures for social programmes, particularly relative to education and access to housing (Mexico); further increase its national spending on health and education sectors to meet the targets of the Millennium Development Goals (Azerbaijan);
77. Further strengthen the law reforms and policy aimed at protecting the people’s rights and for the betterment of the poor and other disadvantaged groups (Viet Nam);
78. Stay steadfast in promoting adequate social policies that aim to achieve just distribution of wealth and social wellbeing of the population (Bolivarian Republic of Venezuela);
79. As recommended by the Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights, intensify efforts to achieve better promotion and protection of the rights of the child (Algeria);
80. Continue the development of specific legislation to promote and protect the rights of the child, including civil society participation, preventive measures in education and reinsertion into society of minors in difficult situations (Spain);
81. Incorporate a legal definition of the child, a minimum age for criminal responsibility and sexual consent, and enforce the law on the minimum age of marriage, as recommended by the Committee on the Rights of the Child, and develop and implement national legislation which criminalizes and penalizes the distribution, sale and display of child pornography (Israel);
82. Continue to seek technical assistance in drafting legislation in the field of children’s rights (Slovenia);
83 Strengthen its policy for the full guarantee of the rights of the child with attention to the implementation of the Guidelines for the Alternative Care of
Children, in accordance with Council resolution 11/7 and General Assembly draft resolution A/C.3/64/L.50 (Brazil);
84. Ensure registration at birth of all children, including non-Khmer citizens born in Cambodia (Czech Republic);
85. Make primary education compulsory, and integrate the fight against illiteracy into the “Educational Strategic Plan” of the Government (Turkey);
86. Give more emphasis to the education sector to gradually transform to a quality and advanced education system since education is a vital tool for national development (Myanmar);
87. Through appropriate international assistance, seek to strengthen its educational system and education for all programmes, including for women and persons with disabilities (Philippines);
88. Take additional measures to support access to education of minority children to help them to maintain and develop their own traditions and languages (Morocco);
89. Continue to strengthen the economic, political and social development with full participation of its population (Lao People's Democratic Republic);
90. Continue to cooperate with the United Nations and other international organizations to strengthen human rights in Cambodia (Lao People's Democratic Republic); elaborate an effective mechanism to facilitate cooperation with the relevant institutions of the United Nations (Hungary);
91. (a) Continue to cooperate and seek technical assistance, if and where necessary, in improving democracy and ensuring the protection and promotion of the human rights of all Cambodians (Pakistan); (b) cooperate with and seek the support of the international community in devising its plans and strategies and in the area of capacity-building to be able to implement them (Egypt); (c) continue its positive efforts in fighting poverty, with the assistance of international community, in particular the more developed countries, which should redouble cooperation with this small developing country (Cuba); (d) continue to put in place with international assistance effective programs aimed at reducing poverty, especially in the rural areas which host 80 percent of the whole population (Azerbaijan); (e) strengthen its partnership with the international community with a view to improving public health of the country (Angola);
83. The response of Cambodia to these recommendations will be included in the outcome report adopted by the Human Rights Council at its thirteenth session.
84. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and /or the State under review thereon. They should not be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Cambodia was headed by H.E. Mr. Ith Rady, Secretary of State, Ministry of Justice, Vice-chairman of the Human Rights Committee of Cambodia and composed of six members:
• H.E. Mr. Sun Suon, Ambassador/Permanent Representative, Alternate Head of Delegation;
• Mr. Ke Sovann, Deputy Permanent Representative;
• Mr. Bieng Theng, Counselor;
• Mr. Long Sokhan, Second Secretary;
• Mrs. Eat Sonisa, Third Secretary;
• Mr. Touch Khemarin, Official, Cambodian Human Rights Committee.