33/62 Report of the Special Rapporteur on the situation of human rights in Cambodia

GE.16-14989(E)



Human Rights Council

Thirty-third session

Agenda item 10

Technical assistance and capacity-building

Report of the Special Rapporteur on the situation of human rights in Cambodia*

Note by the Secretariat

Cambodia has continued to implement a number of ambitious programmes, the

fulfilment of which will enhance the protection of human rights in the country. The

Government is also working towards submitting a voluntary mid-term report for

consideration by the Working Group on the Universal Periodic Review. Although there

have been many positive developments in the situation of human rights, they have been

overshadowed by the prevailing political situation characterized by the increasing

number of arrests and cases of detention of civil society actors and members of the

largest opposition party, and overt and covert restrictions on civil society actors and

human rights defenders.

During her missions, the Special Rapporteur was encouraged by the willingness

of government interlocutors to engage in discussions. In furtherance of this dialogue and

with the aim of finding solutions to strengthen the respect, promotion and protection of

human rights in Cambodia in fulfilment of the State’s treaty obligations, the mandate

holder has made a number of recommendations, and encourages the Government to

consider them with the aim of establishing a programme of action with a clear

implementation timetable.

* The present document was submitted late to the conference services without the explanation required

under paragraph 8 of General Assembly resolution 53/208 B.

I. Introduction

1. The present report is submitted to the Human Rights Council in accordance with

Council resolution 30/23. During the period under review, the Special Rapporteur

monitored the situation of human rights in Cambodia, receiving information from different

stakeholders, including the Government, civil society organizations and private citizens.

2. The Special Rapporteur undertook two missions to Cambodia: from 17 to 24

September 2015, and from 21 to 31 March 2016. As reported orally to the Human Rights

Council at its thirtieth session, the Special Rapporteur has decided to approach her mandate

with a focus on marginalized groups, using discrimination as a lens to view the prevailing

human rights situation. The mandate holder identified women and indigenous peoples as

the focus of her second mission. The present report describes her initial findings during

both missions. The Special Rapporteur is grateful to the Government for its welcome and

full cooperation during her two missions.

3. The Special Rapporteur was welcomed by the Prime Minister of Cambodia,

Samdech Akeak Moha Sena Padey Techo Hun Sen, and met with a number of members of

the Government and stakeholders, including civil society organizations, the United Nations

country team and development partners. During the year under review, she also the Deputy

Prime Minister and Minister of the Interior, Samdech Kralahom Sar Kheng, the Deputy

Prime Minister and Minister in Charge of the Council of Ministers, Sok An, the President

of the Senate, Samdech Vibol Sena Pheakdey Say Chhum, the Chair of the Cambodian

Human Rights Committee, Mak Sambath, the Minister for Education, Youth and Sports,

Hang Chuon Naron, the Minister for the Environment, Say Sam Al, the Minister for Justice,

Ang Vong Vathana, the Minister for Labour and Vocational Training, Ith Samheng, the

Minister for Rural Development, Chea Sophara, the Acting President of the National

Assembly, Nguon Nhel, the Minister for Culture and Fine Arts, Phoeung Sackona, the

Senior Minister and Minister for Land Management, Urban Planning and Construction, Im

Chhun Lim, the Secretary of State, Ministry of Women’s Affairs, Hou Samith, the Chair

First Commission on Human Rights, Complaints and Investigations of the National

Assembly, Eng Chhai Eang, and other members of the Commission, the Chair of the First

Commission on Human Rights, Complaints and Investigations of the Senate, Senator Kong

Korm, and other members of the Commission, and the President of the National Election

Committee, Sek Bunhok, and other members and staff of the Committee.

II. General situation of human rights

4. The Government of Cambodia has reported successes in meeting the Millennium

Development Goals.1 It is noteworthy that Cambodia added a ninth goal, on demining and

removing explosive remnants of war and victim assistance. Cambodia has reduced the

official poverty head-count (13.5 per cent in 2014) and the incidence of maternal mortality,

increased the rate of primary school enrolment, and reduced the infection rate of HIV,

malaria and tuberculosis. The rate of economic growth continued at 7 per cent in 2015; the

launch of the Association of Southeast Asian Nations (ASEAN) Economic Community in

2015 will offer further opportunities for economic growth and employment growth.

5. The benefits of developments have not, however, been enjoyed equally by all sectors

of society. The fact that continued efforts are needed to reach the most vulnerable sectors of

1 Royal Government of Cambodia, End Country Report on Achieving Cambodia’s Millennium

Development Goals 2003-2015, Ministry of Planning, Phnom Penh, November 2015.

society is shown by the comparative lack of significant progress in attaining indicators and

targets on child labour and malnutrition, gender equality, basic sanitation and

environmental sustainability (particularly in rural areas). Growing income disparities render

those just above the poverty threshold particularly vulnerable. Looking forward, the

Government has indicated that initial strategies for addressing the Sustainable Development

Goals will be concluded by the end of 2016.

6. During the period under review, a number of laws adopted, and others apparently

being drafted, will and may have implications for the protection and promotion of human

rights. There has also been a raft of arrests, detentions, charges and convictions against

members of political parties and civil society. Viewed together, these developments suggest

that the law is increasingly being used to restrict the democratic space in the country.

7. The political situation has implications for the protection and promotion of all

human rights in the country. The period under review began with the agreement on a

“culture of dialogue” between the Cambodian People’s Party (CPP), the ruling party, and

the Cambodia National Rescue Party (CNRP), the largest opposition party, in effect but

under stress. On 22 October 2015, two members of the CNRP were attacked by a large

crowd just outside the gate of the National Assembly. In May 2016, three men identified in

court as members of the Prime Minister’s bodyguard unit were convicted on related

charges.2 Several senior members of the CNRP, including Members of Parliament who had

had their parliamentary immunity revoked, had charges brought against them or have cases

pending: CNRP President Sam Rainsy left Cambodia in 2015 and remains overseas

following the resurrection of historic cases against him; charges of defamation or attempts

to bribe a witness have been lodged against CNRP Vice President Kem Sokha and

members of civil society (also against a United Nations human rights official);3 and a

CNRP-nominated member of the National Election Committee may yet face trial in

connection with a demonstration held on 15 July 2014.4 In its decision of 23 March 2016 on

five cases concerning 12 CNRP parliamentarians, the Governing Council of the Inter-

Parliamentary Union noted the “deteriorating political situation” in Cambodia.

8. The CNRP has withdrawn its participation in the National Assembly on several

occasions, and relations between political parties have been tense. Such a situation has

implications for the legislative process at a time when many important laws that have an

impact on human rights are scheduled for discussion. Although the commune/sangkat

elections are still one year away and the national election two, the political situation is

already turning attention away from the many positive plans of action and strategies the

Government is formulating and implementing. Many of these initiatives, including

programmes on women’s rights, education, the environment and land rights, are aimed at

enhancing the protection and promotion of human rights. Without genuine conciliatory

efforts by the two main political parties to re-establish the culture of dialogue in an

atmosphere of mutual respect, the situation of human rights in Cambodia could well

deteriorate further in the months ahead. All elected leaders have a responsibility to act in

the interests of those whom they represent, and to work together to safeguard national peace

and public order, rather than fuel civil unrest through divisive actions and rhetoric.

9. With regard to one issue raised orally before the Human Rights Council at its

thirtieth session - the Prey Speu Social Affairs Centre, now renamed a drop-in centre -

people, including children and vulnerable adults with medical needs and psychosocial

2 Three members of the unit were convicted in May 2016 in connection with the attacks.

3 All except Mr. Sokha and the United Nations official are currently in pretrial detention.

4 In July 2015, 11 members and supporters of the CNRP were convicted of offences in connection with

the demonstration.

disabilities, are regularly rounded up in the streets and held in poorly equipped facilities.

Many are neither homeless nor without family. The Special Rapporteur notes the recent

announcement by the Prime Minister that the drop-in centre should be made functional or

be closed, and concurs with him, while urging the release of those persons being held

against their will and the establishment of a properly equipped and funded social affairs

centre capable of providing appropriate assistance to persons claiming need.

III. Vulnerable groups and discrimination

10. International human rights are predicated on the premise that all persons should

enjoy all freedoms and rights without discrimination. In all societies, however, there are

marginalized groups whose enjoyment of rights is compromised in some way, such as

minorities, indigenous peoples, persons with disabilities, women, children, intersex,

transsexual, gay and lesbian persons, or those making life choices that are not mainstream

in the country in which they live. Sustainable Development Goal 10 is aimed at reducing

inequality within countries. Marginalized persons are often vulnerable to discrimination on

multiple grounds; grounds of vulnerability in fact often intersect to create a particular

disadvantage for an individual. This can be problematic for legislation predicated on a

single ground, without cognisance of the aggravated disadvantages suffered owing to

multiple grounds. Discrimination on any ground is a legitimate concern when promoting

human rights in an equitable, fair society. It is a tool that can be used to limit the enjoyment

of human rights by individuals and groups within society. International law clearly states

that rights and freedoms should be enjoyed without distinction of any kind, including on the

grounds of race, colour, sex, language, religion, political or other opinion, national or social

origin, property, birth, sexual orientation, gender identity, disability or other status. The

Government of Cambodia has voluntarily agreed to be bound by many international treaties

that enshrine this principle.5

A. Indigenous peoples

11. Cambodia is home to some 455 indigenous communities, which identify themselves

in 24 groups, numbering approximately 179,000 people (1.34 per cent of the population).

The communities are often isolated geographically, a fact that poses infrastructure

challenges for the Government when providing such essential services as health care and

education. The Government voted in favour of the United Nations Declaration on the

Rights of Indigenous Peoples, and adopted a national policy on the development of

indigenous peoples in 2009. Various ministries have specific plans of action and policies

regarding indigenous peoples. The Special Rapporteur was indeed struck by the high level

of awareness of indigenous rights among government ministers and, at the provincial level,

by the governor in Stung Treng province. Transforming good intentions into positive action

can, however, be fraught with challenges. Of particular importance is the need to engage

effectively with indigenous peoples. In 2014, the Special Rapporteur on the rights of

indigenous peoples observed that involving indigenous peoples at the outset in planning

would go a long way in speeding up implementation and avoiding conflicts about how

implementation is carried out, even though it was a step often overlooked (A/HRC/27/52,

para. 19). Adhering to this advice could obviate many current problems, ensuring a voice

for indigenous people and greater “buy-in” to government policies. A holistic approach is

5 The Special Rapporteur points out that, during her first mission, the Government highlighted issues

relating to persons of Vietnamese ethnicity. See CCPR/C/KHM/CO/2, para 8.

inevitably best to address the diverse and interconnecting issues characteristic of the rights

of indigenous peoples.

12. Many indigenous groups in Cambodia have no written language, only an oral

culture. During a meeting in March 2016, the Minister for Culture and Fine Arts outlined

the measures being taken to capture traditional languages and preserve them digitally.

While it is commendable and arguably necessary to transcribe non-written indigenous

languages, there is a fine line between preservation and assimilation; care must be taken to

work with indigenous groups to ensure the maintenance of their culture and languages in a

manner which is acceptable to them. The inclusion of indigenous – as well as Khmer –

culture and cultural traditions in the school curriculum is important for all children. The

Special Rapporteur is aware of the difficulties encountered when a Government tries to

protect or preserve aspects of cultural rights, but recalls that it is for indigenous peoples

themselves to decide if they wish to change their traditional practices.

13. The multilingual education plan of action launched by the Government in 2016

seeks to build on earlier programmes of bilingual education for indigenous and ethnic

minority children. Earlier versions were commended by the Committee on Elimination of

Racial Discrimination (CERD/C/KHM/CO/8-13, para. 20). Building infrastructure through

community schools, the Government hopes to secure bilingual education for the initial

stages of primary level study. The plan should be encouraged and supported with adequate

funding. The Special Rapporteur is well aware of the challenges of not only building

schools in many areas but also of securing trained bilingual teachers and appropriate

teaching and learning resources in indigenous languages. A general (adult) literacy

programme is also being implemented by the Ministry of Education, Youth and Sports in

rural communities. For indigenous peoples interacting with government (including

provincial) authorities, Khmer is usually the lingua franca. This has implications for the

realization of all rights, not least land rights.

14. The management of land is an issue of particular concern to indigenous peoples.

Like many of the world’s indigenous peoples, Cambodian indigenous peoples frequently

live in a close relationship to the land, including rivers and forests. As Cambodian society

engages in rapid development, in conjunction with population expansion, there are

inevitably tensions over land.

15. Indigenous peoples can benefit from the system of communal land titling developed

by the Government and promulgated by the Land Law (2001). Article 23 of the Land Law

offers a legal definition of indigenous peoples, which acknowledges the cultivation of land

according to customary rules of collective use. Recognition of these collective communal

land titles requires three principal, sequential stages: communities must be recognized by

the Ministry of Rural Development as indigenous communities; recognized communities

must then be registered with the Ministry of the Interior as legal entities; and communities

thereby registered must apply to the Ministry of Land for registration of their communal

land title. At the provincial level, there are steps necessary for each of the foregoing stages;

for example, determining the extent of land claims. The registration process can be

cumbersome for indigenous peoples owing to the costs involved (a communal land title can

cost as much as $70,000), the length of time for completing the process, a lack of awareness

of the process, and difficulties in fully engaging with the process because of language and

cultural issues. Communal land titles often take several years to process, from the initial

recognition of the group to the awarding of the title, leaving indigenous land in the

meantime vulnerable to encroachment by various parties. Indeed, applications for land use

or titles by private parties may proceed faster than the applications of indigenous

communities. During her mission in March 2016, the Special Rapporteur received

information on delays at the provincial level that precluded the completion of preliminary

documentation at the various stages of the process outlined above, contributing to delays at

the ministries.

16. As at May 2016, 118 indigenous communities had been recognized as such by the

Ministry of Rural Development; 90 were recognized as legal entities by the Ministry of

Interior, although only 11 communal land titles had been issued. During their meeting, the

Minister indicated to the Special Rapporteur that titles for 14 more communities were

pending, and that the Ministry’s goal was to have 50 titles awarded to indigenous

communities by 2018. If implemented as intended, this would mark a notable and welcome

acceleration in the process. The Special Rapporteur understands the challenges faced by

States in delineating indigenous land, particularly when many indigenous peoples engage in

rotational and slash-and-burn farming practices. The Special Rapporteur is aware of the

challenges delineating land concessions and land claims. She was informed by the Ministry

of Land Management of developments in using trees, poles and microchips to demarcate

boundaries more effectively, even though the lands used by many indigenous peoples are

still not demarcated. Areas of land, river and especially forest can have strong spiritual

connections. Many Cambodian indigenous peoples have “spirit forests” that may be distant

from their current village. Communities may not understand the legal issues concerning

access to disparate areas of land and the need for securing transit zones, resulting in

tensions between communities and businesses.

17. Particular challenges arise when land titles cannot be granted. In March 2016, the

Special Rapporteur visited Stung Treng province and the site of the Lower Sesan II

hydropower dam. She met with the communities affected, both in their traditional villages

and in a new resettlement site. The dam, one of a series and expected to contribute to the

State’s growing energy needs, is a high-priority government project. Although hydropower

projects might be considered a “clean” energy solution, they inevitably have a substantial

impact on the adjacent land and the peoples that inhabit them. In this instance, the dam will

stretch over several kilometres and have an impact on the Mekong waterway, particularly

along the Sesan and Srepok tributaries, damming the lower level of the Sesan River. An

environmental impact assessment undertaken on the project identified the economic and

social impact of the project, in particular on the right to a safe, clean, healthy and

sustainable environment. Six villages, including those with indigenous peoples, will have to

be relocated in advance of the flooding of the reservoir in 2017. Adequate consultations are

necessary to ensure free and prior informed consent of communities for resettlement, even

if resettlement is ultimately unavoidable. The actual content of the compensation packages

offered did not appear to be fully understood by some of the villagers with whom the

Special Rapporteur met, even though the authorities have worked to provide land, housing,

health, education and transitional financial and food support. In one instance, the

communities and authorities agreed that the land at the resettlement site was not of

appropriate agricultural quality. The authorities then agreed to alternative land selected by

the communities affected, albeit some 20 km from the resettlement site. Problems remain

for indigenous peoples, however, such as the loss of burial grounds or spiritual forests.

Some peoples indicated a preference to remain on their original land, even in floating

houses, if necessary, in order to remain in proximity to their traditional lands. The viability

of such an option does not appear to have been presented to or considered by the

authorities. There is a clear need for adequate consultation with affected communities:

sufficient time, good translation, more sensitivity to cultural practices and more

consideration of the feasibility of alternatives suggested by the community members

themselves.

18. During her field trips to Stung Treng and Preah Vihear provinces, the Special

Rapporteur was particularly struck by the number of women attending meetings to raise

their concerns over land and cultural rights, in particular usufructuary rights, education, the

freedoms of religion and belief, and burial issues were particularly prominent concerns. In

2015, the Special Rapporteur on the rights of indigenous peoples concluded that indigenous

women and girls experienced complex, multidimensional and mutually reinforcing human

rights violations (A/HRC/30/41, para. 73). In Cambodia, a holistic analysis of indigenous

women’s experiences has yet to feed in to policies and plans on indigenous rights.

B. Women

19. In Cambodia, one often hears reference to the traditional high regard with which

women are held; this very regard may, however, restrict women in the equal exercise of

their rights. Although striking a balance between protecting women and ensuring equality

of access to and enjoyment of human rights can be a challenge in many States, the treaties

that Cambodia has ratified are clear: women must be guaranteed equal rights. This is the

case irrespective of the protective, even patriarchal, aim of traditional “special treatment”.

Gender stereotyping, particularly within the family, remains common in Cambodia, as

several government ministers and other stakeholders confirmed. Accordingly, traditional

norms can limit choices and influence decisions. Sustainable Development Goal Target 5.1

is aimed at ensuring an end to all forms of discrimination against all women and girls (see

also A/HRC/26/16, paras. 118.49-56).

20. In education, statistics reflect considerable improvement in the enrolment and

retention of girl children at school. The Ministry of Education, Youth and Sports has

worked with other stakeholders to secure near universal primary enrolment. Efforts should

now be made to improve secondary enrolment and completion, and to ensure safe and

acceptable tertiary-level opportunities for women, especially outside of the cities.

21. Employment continues to be characterized by gender divisions; for example, more

women than men work in the garment sector. One of the more regulated sectors, the

garment industry has strong trade unions and generally higher levels of regulation

(including of pay and conditions) than other sectors. There have been many successes in

improving working conditions and practices: the Better Factories Cambodia campaign

conducted by the International Labour Organization is an example now being exported

elsewhere in the region. During a meeting with garment workers near Phnom Penh,

however, the Special Rapporteur was struck by the poor living conditions of the women she

met and the low net salaries they earned, a concern shared with the Committee on the

Elimination of Discrimination against Women (see CEDAW/C/KHM/CO/4-5, para. 35).

Other sectors can, however, be even worse, hence the distances travelled and sacrifices

made by many women to take up employment in the garment sector. The comparative

perceived advantages of working in garment factories near the capital draw women from

many rural provinces. Mothers often leave their children with family members in their

home province, remitting monies for support, and returning only during holidays, with

implications for the rights of the child, as well as for the woman herself. The costs of

accommodation, health care,6 nutritious food and clean water affect the net salaries earned.

Nonetheless, for many women, especially in rural communities, these jobs are viewed as a

route out of poverty. Ending poverty is Sustainable Development Goal Target 1. The

Government should work with businesses to ensure adherence to the Guiding Principles on

Business and Human Rights across all sectors.

22. As Cambodian society is embarking on an electoral process, it is logical to examine

the role of women in politics. Very few women occupy high political offices in Cambodia.

There are only 23 women in the National Assembly (out of 123), and 11 in the Senate (out

6 Traffic accidents during commutes are frequent, an issue that the Government is beginning to address.

Sustainable Development Goal 11, target 2 addresses safe, affordable, accessible transport systems

and improvements in road safety.

of 58). While the proportion of women is larger at the local level, it is nevertheless clear

that, statistically, women are underrepresented in politics. The number of female secretaries

and undersecretaries of State is increasing;7 more women are thereby gaining the

experience and skills required for higher political office. All political parties should

consider increasing the number of women on electoral lists and working to address the

hidden barriers limiting the number of women standing for election. The Special

Rapporteur reminds the Government that article 4 of the Convention on the Elimination of

All Forms of Discrimination against Women permits temporary special measures to redress

imbalances, and that the Committee on the Elimination of Discrimination against Women

has twice recommended temporary special measures to increase the representation of

women in decision-making positions, especially in politics, the judiciary and the foreign

and diplomatic service (see CEDAW/C/KHM/CO/4-5, para. 29 and

CEDAW/C/KHM/CO/3, para. 14).

23. During the mission of the Special Rapporteur in March 2016, violence against

women emerged as a topical issue.8 Although government ministries suggested that

domestic violence had decreased, no official statistical information confirmed this, even

though all stakeholders agreed that it remains a problem. The Committee on the

Elimination of Discrimination against Women made several recommendations in this

regard following its consideration in 2013 of the State’s fourth and fifth periodic reports

(see CEDAW/C/KHM/CO/4-5). In particular, the Committee recommended that the

Government intensify efforts to train judicial officers and law enforcement officials on the

law on the prevention of domestic violence to ensure effective prosecution of cases of

violence against women rather than the hitherto systematic use of mediation. The Special

Rapporteur reiterates that recommendation. In too many instances, cases of violence against

women, including rape and domestic violence, are resolved exclusively through informal

justice systems at the local level. While the law on the prevention of domestic violence only

permits mediation in cases that are not criminal, the Government acknowledges that

mediation is commonly used, resulting in many victims of domestic violence returning to

live with an alleged perpetrator who has not been criminally investigated or prosecuted.

Mediation and informal mechanisms can result in the retraumatization and degradation of

the victim, who may then find herself still living with the perpetrator. Further physical and

mental violence is possible. Safe houses offering protection and recovery are needed to

offer a safe escape option for victims of domestic violence.

24. Eradicating violence against women, which continues to be a pervasive human

rights violation in Cambodia, requires a multi-sectoral response. A revision of the current

law on the prevention of domestic violence and victim protection is of the utmost

importance to ensure conformity with international standards. Women who have suffered

sexual and gender-based violence and wish to bring the alleged perpetrators to justice face

many barriers. As a result of the general lack of gender sensitivity of law enforcement and

judiciary personnel when dealing with victims of sexual assaults and crimes, a culture of

silence prevails; very few cases actually reach the courts. Strengthening judicial

mechanisms that protect victims’ rights, ensuring the fair prosecution of alleged

perpetrators, and developing gender-sensitivity training for law enforcement officers and

the judiciary are crucial steps in addressing these issues. While the Government is

undoubtedly aware of the problem and is to be commended for developing a cross-

ministerial response, urgent work is required to de-stigmatize domestic violence and to

encourage reporting of all violence. Law enforcement officials must also be trained in

7 Royal Government of Cambodia, End Country Report (see footnote 1).

8 Target 5.2 of the Sustainable Development Goals is on eliminating violence against women and girls

in public and private; see also A/HRC/26/16, paras. 118.62, 118.63 and 118.65.

dealing sensitively with persons claiming to have been victims of domestic violence, and

more women officials should be trained and deployed in provinces, especially at the local

level.

25. A number of steps are needed to enable all victims of gender-based violence to feel

sufficiently confident to report offences: repeated condemnation of offences at the highest

levels of government, and repeated public commitments to prosecute perpetrators of such

crimes; dissemination to the public (including school children) of information on gender-

based violence and on the criminal law on sexual offences, using all forms of media and

social media; and cooperation between government institutions and women’s networks to

improve reporting on cases of gender-based violence and to ensure that cases are

investigated and perpetrators prosecuted, without repercussions for the victim. Such steps

will help to de-stigmatize victims and, alongside appropriate support, encourage reporting

and increase the rate of prosecutions. Taken with the public education programme, they

should deter attacks and increase respect for women, thereby contributing to the

achievement of Sustainable Development Goal 5. Both the Committee on the Elimination

of Discrimination against Women (in its general recommendation 19 (1992)) and the

Special Rapporteur on violence against women, its causes and consequences (see

A/HRC/32/42) offer support and advice to States on eliminating violence against women.

26. Women and children continue to be trafficked from Cambodia to foreign countries

for domestic labour and sexual exploitation. The Special Rapporteur is aware of the efforts

made by the Government to regulate some aspects of migration, by the Ministry of the

Interior to combat trafficking, and by the Ministry of Labour and Vocational Training

pursuant to the memoranda of understanding with countries receiving large numbers of

Cambodian migrant workers. Although there are laws in place that criminalize trafficking,

the Government should intensify efforts to combat trafficking. Increasing effective

investigation and prosecution of those allegedly involved in trafficking would send the

message that trafficking in human beings is not acceptable in Cambodian society. There is

also a need for greater monitoring of migrant domestic workers, their recruitment, their

treatment overseas and their repatriation, as noted by the Committee on the Elimination of

Discrimination against Women (CEDAW/C/KHM/CO/4-5, para. 25). Victims of

trafficking, exploitation and abuse also require support ex post facto to facilitate their

reintegration into normal life or in the establishment of a normal life.

27. The Special Rapporteur expresses her concern at evidence she received of the

degradation of women in the media, including social media. The photographs of dead or

seriously injured victims of domestic violence should not be circulated. The Special

Rapporteur recommends that courts apply the relevant provisions of the Criminal Code

when women, especially victims of sexual assault and violence, are graphically depicted.

The press and the users of social media also have a responsibility to respect women,

especially vulnerable women. In this regard, the Government has agreed to raise awareness

of the rights of women, including among journalists (see A/HRC/26/16, para. 118.64).

There is a growing tendency in social media and popular discourse to stereotype women on

the basis of their work. This is particularly the case for women working in the

entertainment industry. The Special Rapporteur therefore welcomes the steps taken by the

Ministry of Women’s Affairs and the Ministry of Labour to address such situations.

IV. Evaluating the democratic space

28. The democratic space has been reduced in Cambodia through the application of a

range of laws restricting the freedom of expression, the rights to freedom of peaceful

assembly and association and the restriction of a range of legitimate activities of non-

governmental and civil society organizations. In July 2015, a law on non-governmental

organizations was adopted and came into force (see A/HRC/33/32, KHM 2/2015).

Cambodia has a plethora of non-governmental organizations and civil society bodies, from

local grass-roots organizations to national, regional and international entities. The

flourishing of civil society has been regarded as a major success in post-transition

Cambodia that has made an enormous contribution to the development of the country.

Protecting fundamental freedoms is target 16.10 of the Sustainable Development Goals.

29. The law on associations and non-governmental organizations has laid down

registration and re-registration requirements for organizations. While requirements of this

type will help to regularize the situation of hundreds of organizations working in

Cambodia, the authorities could potentially refuse registration or re-registration, with

adverse implications for the organization concerned. The law in question is one of a series

of recent laws that could be applied in a way that makes it more difficult for independent

bodies to act on human rights issues. The law on the election of members of the National

Assembly, adopted in 2014, criminalizes political campaigning and public opinion polling

outside a defined campaigning period; the law on telecommunications adopted in 2015

requires telecommunications companies to turn over certain data to the Government upon

request; while the law on trade unions of 2016 precludes individuals convicted of a crime

from leading a trade unions; significantly, many independent trade unions are led by

persons convicted on, or currently under threat of, charges relating to their work in defence

of workers’ rights. A detailed analysis of each of these laws by OHCHR in Cambodia, non-

governmental organizations, trade unions, and others reveals the scope for infringing

human rights. Like in the case of many laws, the degree of compliance with international

human rights laws lies in the interpretation and application of the law by law enforcement

and judicial officials. Clear implementation guidelines reflecting prevailing international

human rights should be carefully drafted and disseminated in order to ensure that the law is

applied in a manner that regulates without unnecessarily restricting the activities of civil

society bodies, trade unions and human rights defenders. The Special Rapporteur

recommends that the Government ensure that these laws are applied in a way that respects

fully the human rights treaties that Cambodia has ratified. Moreover, the application of such

laws should be regularly reviewed (and is already to an extent by civil society bodies) to

permit timely revision, if required.

30. The Special Rapporteur received information on training activities, local-level

meetings and informal discussions stopped by law enforcement officials or subjected to

district or provincial approval not required by law. The law on peaceful demonstrations,

which was cited as justification in many such situations, is subject to a set of guidelines –

developed by the Ministry of the Interior in cooperation with OHCHR in Cambodia and a

number of civil society organizations – to ensure compliance with applicable international

standards. Unfortunately, the guidelines have not been sufficiently widely disseminated to

achieve that result. It is essential that all local and provincial level authorities gain

familiarity with the correct application of the law through the dissemination of the

guidelines.

31. Freedom of expression is explicitly protected in article 41 of the Constitution of

Cambodia (article 31 of which recognizes the International Covenant on Civil and Political

Rights). It was, until recently, a characteristic of Cambodian society, contributing to open

debate and discussion. According to article 19, paragraph 2 of the International Covenant

on Civil and Political Rights, freedom of expression is subject to certain well-defined

restrictions. In Cambodia, an ever wider range of laws are being used to impose restrictions,

causing concern for a range of stakeholders, including human rights defenders, non-

governmental organizations and civil society. There have been communications from

special procedures related to this (see for example A/HRC/32/53). Provisions of the

Criminal Code that can restrict freedom of expression include articles 305 (defamation),

307 (public insult of members of the Government), 311 (malicious denunciation), 424

(threat to destroy accompanied by an order) and 456 (insurrection). Information received on

arrests, investigations and court proceedings over the past year indicated that many of the

provisions and other laws are being invoked in a discriminatory manner, giving the

impression of restrictions applied in furtherance of political objectives. The Government

should monitor how the laws are applied; systematically recording and publishing cases

should provide credible information.

32. In a report submitted to the Human Rights Council at its twenty-sixth session, the

Special Rapporteur on the promotion and protection of the right to freedom of opinion and

expression focused on freedom of expression in an electoral context. He warned against the

adoption of laws to control or regulate political speech immediately before and during

elections, and gave an example of the criminalization of “online slander or insults” and the

selective interpretation and enforcement of existing laws (A/HRC/26/30, paras. 38-40). The

Government of Cambodia must ensure that all laws are applied without distinction to

political opinion, giving effect to freedom of expression in accordance with article 2 of the

International Covenant on Civil and Political Rights. The Human Rights Committee

recommended that the Government consider decriminalizing defamation and reviewing the

other sections of the Criminal Code to bring them into line with article 19 of the Covenant

(see CCPR/C/KHM/CO/2, para. 21(c)).9 According to the Committee, freedom of

expression is important to the realization of the rights to political participation and to vote

(see CCPR/C/GC/34, para. 20 and CCPR/C/21/Rev.1/Add.7). The Committee has also

pointed out that Heads of State and Government are legitimately subject to criticism and

opposition, and that the mere fact that forms of expression are considered to be insulting to

a public figure is not sufficient to justify the imposition of penalties (CCPR/C/GC/34, para.

38). Great care must therefore be taken when articles 305 to 312 of the Criminal Code of

2009 are applied. The Special Rapporteur suggests that the Government consider reviewing

the necessity of these criminal provisions in the light of the application of the International

Covenant on Civil and Political Rights. In the meantime, implementing guidelines could

assist law enforcement officers and members of the judiciary in applying laws on

defamation, public insult and malicious denunciation to ensure that an appropriate balance

is struck in favour of freedom of expression.

33. Another concern raised by stakeholders concerns the monitoring of and restrictions

on the use of the Internet. The number of Internet users has continued to grow

exponentially in Cambodia. Although statistical information varies, it appears that more

than two fifths of the population regularly use the Internet. With the predominance of

Facebook as a means of social interaction, activism and communication, a number of senior

government officials, not least the Prime Minister, now author official Facebook pages.

Article 19 of the International Covenant on Civil and Political Rights protects freedom of

expression through electronic and digital means (see CCPR/C/GC/34).10 As affirmed also

by the Human Rights Council in its resolution 20/8. Particular care should therefore be

taken to ensure respect for freedom of expression when arresting, detaining and prosecuting

those posting materials on social media.

34. The Special Rapporteur understands that laws on cybercrime are currently being

drafted, and urges dissemination of the drafts, when available, for meaningful discussion

with stakeholders on the nature and scope of proposed regulations. Public dissemination of

draft laws is necessary to ensure greater transparency in law-making and to allow

consultation and consideration of the compatibility of proposed provisions with

9 See also A/HRC/26/16, paras. 118.15-16, 118.20-21 and 118.102.

10 Ibid., para. 118.103.

international human rights (see A/HRC/18/46, para. 74).11 The Special Rapporteur has

raised this issue with Members of Parliament on several occasions.

V. Education

35. Education plays a key role in the development of Cambodia. It can take multiple

forms: from securing literacy and numeracy of all children to giving young Cambodians the

knowledge and skills required to meet the demands of the labour market and attain

Sustainable Development Goal 8, to ensuring that the population has a good understanding

of the forthcoming elections. Education in conformity with the treaties demands human

rights education. All Cambodians should be aware of the treaties on rights and freedoms

that the State has ratified and have been enshrined in the Constitution. Human rights

education requires education to be about, through and for human rights.12 Good education

requires well-trained teachers, high-quality resources and equality for all. Cambodia has

indicated its willingness to ratify the UNESCO Convention against Discrimination in

Education (see A/HRC/26/16, para. 118.9-11).

36. The Special Rapporteur was informed about an ambitious programme of reform that

should raise the quality of education in the country and allow closer compliance with

articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights,

as well as contributing to the realization of Sustainable Development Goal 4. The Special

Rapporteur welcomes the progress made in a number of initiatives, including eliminating

widespread cheating in school examinations, increasing teachers’ salaries as a way to curb

unofficial “additional payments” from families, and building additional schools to make

education accessible to all. Teacher training is also being reviewed in order to ensure the

consistent quality of teachers and teaching standards. The Special Rapporteur suggested

that the prescribed curricula reflect human rights fully, and accepted a suggestion by the

Minister for Education, Youth and Sports that she assist in reviewing the curriculum to

ensure compatibility with human rights education principles and reflect the rights of

women, girls, disabled persons, indigenous peoples and other marginalized groups.

37. A moratorium on the establishment of new universities remains in place in response

to the recent unregulated expansion of tertiary-level institutions. The Government remains

focused on strengthening the quality of higher education and aligning content with

identified labour needs.

VI. Land rights and housing

38. Land rights remain a major issue of concern in Cambodia, despite the ongoing

efforts of the Government to review economic land concessions, including some

cancellations. Many of the problems faced by the Government today stem from the

previous almost unfettered granting of land concessions, often before all claims to the land

had been settled (see A/HRC/21/63/Add.1). Even when concessions are cancelled, it is not

necessarily apparent who is entitled to the land returned. Although the previous mandate

holder made land rights the focus of a thematic report (ibid.), many of his recommendations

remain pending. Sustainable Development Goal 15 includes targets on reforestation and

afforestation, as well as on sustainable land management.

11 See also CCPR/C/KHM/CO/2, para. 25 and Sustainable Development Goal 16.

12 See the United Nations Declaration on Human Rights Education and Training, the World Programme

on Human Rights Education and Sustainable Development Goal 4.7.

39. It is imperative that land disputes be resolved definitively on clear and transparent

grounds by appropriate bodies. Complaints are brought before courts and cadastral

commissions, though also raised directly with others, including government officials and

parliamentary bodies. This can result in a duplication of efforts and potentially conflicting

decisions and solutions. It also burdens the more vulnerable communities, who may have to

travel long distances to appeal to these bodies. The Special Rapporteur received hundreds

of petitions relating to land issues, especially during her mission in March 2016. Many of

the complaints related to matters that had already been raised before judicial and non-

judicial bodies and senior government ministers, including the Prime Minister. According

to the Government, it is for the courts to decide disputes once a title is granted (see

A/HRC/26/16, para. 116).

40. As an example of the complexity of the current situation, in March 2016, when

meeting in Preah Vihear province with a representative of the Rui Feng sugar concession

company, the Special Rapporteur was informed about the company’s concerns with regard

to land it believed had been demarcated for its business. Kui indigenous communities in the

area claimed that their traditional lands had been encroached upon, even though they had

completed the first two stages of land titling and had been recognized by the Ministry of the

Interior. The company expressed its willingness to work with local communities to find a

solution. In that instance, four contiguous land concessions were granted for sugar

plantations and a fifth for a major sugar processing plant. The company informed the

Special Rapporteur that, in accordance with the terms of its agreement with the

Government, all the sugar produced was for export (approximately two thirds to Europe,

the remainder to China). At the time of the mission, sugarcane was being planted on some

42,000 hectares, though more will be required from local farmers when the mill reaches

capacity. Although the company reported having planted only in the area marked as

government land on the map it received and thus within the concession, it has encountered

numerous protests over the years without resolution. The company was working on an

ambitious project supporting many initiatives in the province (inter alia, repairing temples,

developing health-care and education facilities for workers, and purchasing fire engines for

the province), but claimed to be struggling to negotiate at the local level with the

communities affected. There is work to be done by all stakeholders to ensure compliance

with the Guiding Principles on Business and Human Rights, as well as the United Nations

Declaration on the Rights of Indigenous Peoples.

41. Particular issues arise when land rights are traded off against energy needs.

Cambodia currently imports energy from surrounding States, and the Government rightfully

wishes to ensure energy sustainability. Sustainable Development Goal 7 is aimed at

ensuring universal access to affordable, reliable and modern energy services. Given the

expanse of the rivers in the region, hydropower has been identified as a preferred option in

Cambodia, as well as in surrounding States. Nevertheless, hydropower has an impact on

land rights. Building dams, flooding areas and controlling water flows inevitably affect

natural ecosystems, and also the livelihoods of the people inhabiting neighbouring land.

Although compromises will be required, the Special Rapporteur is of the opinion that more

thorough consultations with those directly affected could ease the impact of development.

42. During the period under review, resettlement continued to be a problematic issue.

During both her missions, the Special Rapporteur visited resettlement sites and met with

people resettled from land concessions in Koh Kong and Stung Treng. A number of

common issues emerged with regard to the appropriateness and sustainability of

resettlement sites, including the quality of accommodation, access to infrastructure, and the

availability of appropriate work or sources of income. Problems arise when, for example,

villagers with a tradition of rice farming are resettled in an area without appropriate rice-

growing soil, or when villagers with a tradition of fishing are resettled inland. The Special

Rapporteur was appreciative of the holistic approach advocated by the outgoing Minister

for Rural Development (now Minister for Land Management, Urban Planning and

Construction) and the Governor of Stung Treng.

43. There are a number of ongoing housing issues beyond those outlined on

resettlement. The Government has benefited from the recommendations made by the

Committee on Economic, Social and Cultural Rights (see E/C.12/KHM//CO/1, paras. 29-

30) and the Special Rapporteur on adequate housing as a component of the right to an

adequate standard of living (see E/CN.4/2006/41/Add.3, para. 82). These recommendations

also build towards Sustainable Development Goal 11. The adequacy of housing remains

problematic, particularly in the case of housing for persons with a lower income.13 The

Special Rapporteur is aware that the large-scale movement of workers to be near places of

employment (for example, construction zones or garment factories) puts particular pressure

on the availability of affordable, quality housing. For this reason, ensuring that existing

laws and policies guaranteeing the availability of adequate housing and that workers have

an adequate standard of living are implemented is especially important.

VII. Administration of justice

44. During both missions, the Ministry of Justice outlined to the Special Rapporteur the

reforms currently under way. The Special Rapporteur acknowledges the amount of work

required to implement the changes needed to reform administration of justice to bring it

into compliance with treaties, including the International Covenant on Civil and Political

Rights (see A/HRC/15/46 and A/HRC/26/16, paras. 118.79-90). The Ministry of Justice has

continued its efforts to implement the three fundamental laws on the judiciary adopted in

2014, focusing its attention on the law on the organization and functioning of the courts.

While the Ministry of Justice is currently engaged in certain areas of reform, there is

mounting pressure for more immediate and apparent results from the reform process.

45. The independence of the judiciary, both actual and apparent, remains a concern (see

CCPR/C/KHM/CO/2, paras. 19-20 and CAT/C/KHM/CO/2, para. 13). At present, the

judiciary is widely considered to be closely affiliated with the executive and legislature,

despite the provisions of articles 51 and 128 of the Constitution. There have been a number

of instances of senior government ministers commenting publicly on matters still under

investigation or sub judice. Most recently, in April and May 2016, several government

departments issued statements calling for the investigation and prosecution of specified

civil society actors and United Nations officials. Such actions undermine public perception

of the independence of the judiciary with regard to the executive. A strong and independent

judiciary able to administer justice in a fair and transparent manner is imperative.

Sustainable Development Goal 16.6 requires effective, accountable and transparent

institutions.

46. The previous mandate holder made a number of recommendations for developing

and strengthening the independence of the judiciary (see A/HRC/15/46), many of which

have yet to be addressed. The Special Rapporteur commends those recommendations to the

Government once more for detailed consideration and implementation as part of its reform

agenda.

47. Challenges remain in determining statistical information on cases. For this reason,

the Government should consider establishing a system for systematically recording and

reporting cases, building on its evolving case registration and management system.

13 See general comment No. 4 (1991) of the Committee on Economic, Social and Cultural Rights, para.

8.

Publication of decisions online with a summary of reasoning would undoubtedly strengthen

the judicial process in Cambodia by rendering judgments more transparent. Moreover,

understanding the legal reasoning behind judicial decisions will allow the public to develop

more informed views about the independence (or lack thereof) of the judiciary and the

consistency of judgments. It would also be a useful resource for students and those studying

for admission to the professions.

48. The Special Rapporteur notes several positive measures taken during the past year,

notably the increase in salary for judges and prosecutors and the effort of the Ministry of

Justice to work with the Anti-Corruption Unit to monitor qualification exams for judges and

prosecutors, which may help to redress the lack of transparency and apparent consistency of

process in the training, recruitment and discipline of judicial officials. The Special

Rapporteur recommends that, in order to strengthen transparency, the salaries of judges be

reviewed annually and made public. Similar work is required on prosecutors.

49. Everyone using the judicial system encounters a range of requests for payments

related to lodging complaints, filing documentation, copying materials and other work by

court clerks. Although many fees are fixed, they may vary considerably and therefore have

an impact on equality of access to justice. The Special Rapporteur recommends that the

approved schedule of fees and any permitted additional payments be publicly displayed in

all courts and at court clerk offices to eliminate unofficial overpayment. In this way,

elements of corruption could be eliminated, while the actual and perceived independence of

the system would be strengthened.

50. At present, most people arrested are held in pretrial detention. Accurate statistics are

apparently not available, given that cases are not systematically recorded. The Ministry of

Justice confirmed, however, that pretrial detention is the normal practice. In its general

comment No. 35 (2014), the Human Rights Committee noted that detention in custody of

persons awaiting trial should be the exception rather than the rule (CCPR/C/GC/35, para.

38). Extensive use of pretrial detention compounds the challenges acknowledged by

Cambodia on prisons (see CCPR/C/KHM/Q/2/Add.1, para. 14) and commented on by the

Committee on overcrowding in prisons (see CCPR/C/KHM/CO/2, para. 14). Cambodian

law provides for judicial supervision as an alternative to pretrial detention. Although the

Special Rapporteur was informed about the cultural barriers to judicial supervision, she

suggests the Government consider taking steps at the local level to support the expansion of

judicial supervision for those charged with a minor crime. Even though pretrial detention is

appropriate in some cases, its prevalence is difficult to justify from the viewpoint of

international human rights law (see ibid.).14 The Special Rapporteur suggests that

consideration be given to greater use of judicial supervision as provided for in the Code of

Criminal Procedure. When courts consider that pretrial detention is appropriate, a full trial

should follow swiftly, consistent with the rights of defence, the presumption of innocence

(see A/HRC/26/16, para. 119.20) and the Code of Criminal Procedure.

51. Three sets of cases are ongoing at the Extraordinary Chambers in the Courts of

Cambodia. The appeal of case 002/01 against Nuon Chea and Khieu Samphan began in

July 2015. The hearing of case 002/02, the second against both, began on 17 October 2014

on charges including genocide of Cham and Vietnamese minorities, forced marriages and

rape. Cases 003 against Meas Muth and 004 against Im Chaem, Ao Am and Yim Tith are

progressing slowly. Investigations in these cases have gone ahead on the international side,

without any cooperation from the national police in implementing orders. On 5 February

2016, case 004/01 was severed from 004 to expedite the trial process. As at May 2016, the

financing of the Extraordinary Chambers was stable, with $32.3 million secured.

14 See also CCPR/C/GC/35, paras. 36-38.

VIII. Participation in political process

52. Cambodia will hold local commune/sangkat elections in June 2017, after which

commune councillors will elect the members of the Senate. Elections to the National

Assembly are scheduled for 2018. The National Election Committee was reconstituted in

2015, comprising four representatives from each main political party with seats in

Parliament and an independent representative of civil society. Its mandate focuses on the

forthcoming elections.

53. During her mission in March 2016, the Special Rapporteur met with the members of

the National Election Committee and enquired about the status of plans on voter

registration. For the first time, an electronic process will be used, with the support of the

European Union and Japan, whose main contribution will be providing equipment and

technical expertise for issuing the new biometric identity cards to be used for voter

registration. The task of registering and issuing cards is substantial; there are approximately

10 million Cambodians, and the voter list was among the controversial aspects of the

election held in 2013. The Human Rights Committee has expressed its concern over the

right to vote of convicted prisoners and persons with psychosocial disabilities (see

CCPR/C/KHM/CO/2, para. 26). In addition, the Special Rapporteur was informed about the

difficulties encountered, and likely to be encountered, by migrant workers, persons with

disabilities, persons in pretrial detention, recently relocated persons and homeless persons

in securing identity cards and registering to vote. Sustainable Development Goal target 16.7

promotes inclusive, participatory decision-making. It is imperative that the Government

allocate appropriate funding and technical assistance to ensure that every eligible person

has the opportunity to participate in the forthcoming elections, in accordance with article 25

(b) of the International Covenant on Civil and Political Rights. The voter list should be

validated and registration completed expeditiously.

54. During a number of meetings with government ministers and senior members of the

Senate and National Assembly, the Special Rapporteur raised the issue of increasing the

diversity of representation in Parliament. More women, members of indigenous peoples,

disabled persons and other marginalized groups could be represented in political decision-

making bodies. The Special Rapporteur is aware of many of the real and perceived barriers

to broadening participation; the treaties that Cambodia has freely accepted nevertheless

describe the requirements of a fully representative democratic society. In this regard, voter

and civic education programmes could assist in breaking down barriers by developing and

deepening popular understanding of the role of commune/sangkat and National Assembly

representatives. The National Election Committee indicated to the Special Rapporteur that

it would welcome support for human rights education for voters. A better informed

electorate will be able to more effectively exercise its right to political participation.

55. As noted above, there are specific concerns among many stakeholders with regard to

the credibility of the 2017 and 2018 elections owing to the current political situation in the

country. Should the political situation not be stabilized in an environment of respect for all

human rights, such concerns will be justified.

IX. Treaty body reporting and the universal periodic review

56. Cambodia has a number of periodic reports due to the treaty bodies. The Special

Rapporteur notes that reporting duties are spread among government ministries and specific

bodies, and draw on a range of ministries and other stakeholders. Specific cross-

government bodies oversee the Convention on the Rights of the Child, the Convention on

the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms

of Discrimination against Women. According to the information provided to the Special

Rapporteur in March, the report to the Committee on the Elimination of Racial

Discrimination, the follow-up report to the Human Rights Committee and the responses to

the list of issues posed by the Committee against Torture should be submitted by the end of

2016. Meanwhile, the report to the Committee on Economic, Social and Cultural Rights is

scheduled for submission in mid-2017. The Special Rapporteur also learned that the

(optional) universal periodic review mid-term report is nearing completion and will be

submitted in 2016. The Special Rapporteur strongly recommends that the Government

develop a rolling timetable to ensure reporting requirements are met in a timely manner.

This is particularly important when different entities – many cross-ministerial – lead on

reports to treaty bodies. A clear timetable would also assist in ensuring involvement of civil

society and other stakeholders in the preparation of reports.

57. Cambodia is a party to the Optional Protocol to the Convention against Torture. As

such, it is required to establish an independent national preventive mechanism that is

institutionally and financially independent of the Government. The current arrangement in

place is intragovernmental, and therefore lacks the independence required. The Special

Rapporteur was encouraged to learn from the Minister of the Interior that a ministerial

working group had been created and tasked with reviewing the situation, in accordance

with the Optional Protocol. She encourages relevant parties to take the opportunity to create

a truly independent structure involving members of civil society. Cambodia should also

consider publishing the two most recent reports of the Subcommittee on Prevention of

Torture.

58. As at May 2016, the Memorandum of Understanding between the Government of

Cambodia and the United Nations on the field presence of OHCHR had not been signed.

Given the support provided by OHCHR to various government ministries and other

stakeholders, this has potential repercussions for the situation of human rights in Cambodia.

It is important that the Memorandum be concluded as soon as practicable.

X. Communications to the Government

59. Between April 2015 and May 2016, four urgent appeals and five allegation letters

were communicated to the Government, most by special procedures. The subject matters

included housing, the freedoms of assembly, expression and association, arbitrary

detention, and human rights defenders (see A/HRC/30/27, A/HRC/31/79, A/HRC/32/53

and A/HRC/33/32). As at May 2016, no replies had been received. The Special Rapporteur

encourages the Government to respond to the communications in order to facilitate

understanding of the issues.

XI. Conclusions

60. Cambodia has undergone a dramatic transformation since the mandate was

established. It is nonetheless clear that many recommendations made by previous

mandate holders have yet to be fully implemented. The current mandate holder

therefore finds herself reiterating the findings of her predecessors; indeed, most of the

recommendations made in the present report have already been raised directly in

discussions with government ministers. Others are relevant to communications and/or

reflect recommendations made by treaty bodies commenting on periodic reports

submitted by the State or supported by it during the universal periodic review. The

Government of Cambodia is encouraged to reflect on all the recommendations made.

Preparing a realistic timetable for responding to and addressing recommendations

would better permit progress to be demonstrated to the Human Rights Council. The

Special Rapporteur expresses her willingness to work with the Government to better

protect, respect and promote human rights, for the benefit of all Cambodians.

XII. Recommendations

61. The Special Rapporteur recommends that the Government of Cambodia:

(a) Review outstanding recommendations made by the Special Rapporteur,

treaty bodies and States (in the context of the universal periodic review) with a view to

preparing a draft on an implementation strategy with a realistic timescale;

(b) Consult widely, finalize and publish strategic plans and policies for

achieving measurable success in attaining the Sustainable Development Goals;

(c) Implement a holistic approach to all issues with an impact on indigenous

peoples, ensuring genuine consultation on all decisions affecting them; should

resettlement be required, practise genuine consultation to ensure free and prior

informed consent of indigenous peoples to any required resettlement, and seriously

consider the feasibility of alternatives proposed by the communities;

(d) Accelerate the granting of communal land titles for indigenous peoples,

issue and enforce interim protection orders, and consider simplifying the process;

(e) Continue the bilingual education programme for indigenous children,

and ensure that the culture and beliefs of indigenous peoples are included in the

national curriculum and actively protected in law and in practice;

(f) Review laws, policies and strategies, as necessary, to ensure that equality

of men and women becomes a reality, undertaking public education to reinforce

positive messages of equality, and consider taking measures to eliminate barriers to

women standing for election, reflecting on the possibility of temporary special

measures, including women-only shortlists or lists alternating men and women;

(g) Strengthen judicial mechanisms protecting victims of domestic violence

and trafficking, intensifying efforts to train judicial officers and law enforcement

officials on the law on the prevention of domestic violence to ensure effective

prosecutions rather than recourse to mediation; and ensure that mediation and

informal mechanisms are used only for non-criminal cases;

(h) Train more women to work with victims of violence and trafficking, and

develop safe locations for women who are victims of violence and trafficking and

programmes to ensure recovery and reintegration into society;

(i) Apply the relevant provisions of the Criminal Code when women are

depicted in a graphic manner, in particular victims of sexual assault and violence;

(j) Continue to develop strategies in formal and informal education to raise

awareness of women’s rights and to combat traditional gender stereotyping;

(k) Publicly disseminate drafts of laws at an early stage to facilitate

meaningful consultations on them and their compatibility with human rights;

(l) Ensure the full dissemination of the law on peaceful demonstrations and

the implementing guide thereon, supported by appropriate training programmes for

provincial authorities and law enforcement officials to ensure that the law is correctly

applied; and consider preparing similar guidelines on the application of the law on

associations and non-governmental organizations and trade union law, in cooperation

with stakeholders, to ensure that the law is applied in a manner consistent with the

State’s human rights obligations;

(m) Reconsider provisions of the Criminal Code that can be used to restrict

freedom of expression to achieve greater compatibility with international human

rights standards, decriminalizing offences as necessary;

(n) Take steps to ensure that land disputes are settled swiftly, fairly and

definitively, and make attempts to standardize and publicize dispute resolution

opportunities in order to minimize repetition and conflicting decisions by different

bodies;

(o) In the case of communities that have to be relocated, ensure that

resettlement planning is holistic, including consideration of food, water, work,

education and health care; and take steps to provide additional training as necessary,

and give access to food, water and energy, while the communities develop their

farming, fishing and usufructuary skills to a sustainable level;

(p) Require, and enforce the requirement for, more meaningful

consultations with communities in advance of compulsory resettlement;

(q) On the basis of the recommendations made by the previous mandate

holder (see A/HRC/18/46), embark on a programme to strengthen the independence of

the judiciary at all court levels, and separate the role of the executive in the

functioning of the courts and in the training and discipline of members of the

judiciary;

(r) Ensure that the list of court fees is publicly displayed in all courts and

that any additional fees that clerks may legitimately charge are also verified and

publicly displayed;

(s) Increase efforts to systematically record and report cases with a

summary of the reasoning;

(t) Increase efforts to minimize pretrial detention in order to, inter alia,

reduce prison overcrowding;

(u) Consider mechanisms to facilitate the timely registration and vote of all

eligible Cambodian voters, including those who are homeless, disabled, relocated, in

pretrial detention or homeless, or are internal migrant workers, while taking into

consideration Cambodians who are documented or undocumented migrants overseas,

including in other ASEAN countries;

(v) Prepare and maintain a working schedule for reporting obligations

under treaties to which the State is a party, while continuing to develop broad

consultation strategies to inform the reports prepared;

(w) Proceed expeditiously to establish, in accordance with the Optional

Protocol to the Convention against Torture, an independent national preventive

mechanism, and make public the two most recent reports of the Subcommittee against

Torture;

(x) Conclude the Memorandum of Understanding with the United Nations

to ensure the continued functioning of OHCHR in Cambodia.