RES/36/32 Advisory services and technical assistance for Cambodia

GE.17-17504(E)



Human Rights Council Thirty-sixth session

11–29 September 2017

Agenda item 10

Resolution adopted by the Human Rights Council on 29 September 2017

36/32. Advisory services and technical assistance for Cambodia

The Human Rights Council,

Reaffirming that all Member States have an obligation to promote and protect human

rights and fundamental freedoms as enshrined in the Charter of the United Nations, as

reaffirmed in the Universal Declaration of Human Rights and in accordance with their

respective obligations under the International Covenants on Human Rights and other

applicable human rights instruments,

Recalling General Assembly resolution 60/251 of 15 March 2006,

Recalling also Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007, and

stressing that special procedure mandate holders shall discharge their duties in accordance

with those resolutions and the annexes thereto,

Recalling further Human Rights Council resolution 30/23 of 2 October 2015 and

other relevant resolutions,

Bearing in mind the report of the Secretary-General on the role and achievements of

the Office of the United Nations High Commissioner for Human Rights in assisting the

Government and people of Cambodia in the promotion and protection of human rights,1

Recognizing that the tragic history of Cambodia requires special measures to ensure

the protection of human rights and the non-return to the policies and practices of the past, as

stipulated in the Agreement on a Comprehensive Political Settlement of the Cambodia

Conflict, signed in Paris on 23 October 1991,

Taking note of the new developments in Cambodia, especially the achievements and

improvements in economic and cultural fields over recent years through its relevant

national plans, strategies and frameworks,

1 A/HRC/36/32.

Welcoming the fact that the communal election of 4 June 2017 was held in a

generally orderly and peaceful manner and that the election campaigns were largely

incident-free,

1. Reaffirms the importance of the Extraordinary Chambers in the Courts of

Cambodia as an independent and impartial body, and believes it will significantly

contribute to eradicating impunity and establishing the rule of law by, inter alia, exploiting

its potential as a model court of Cambodia;

2. Welcomes the progress made with regard to the Extraordinary Chambers in

the Courts of Cambodia, including the delivery of the verdict of the Supreme Court

Chamber in case 002/01 against former senior leaders of Democratic Kampuchea, Nuon

Chea and Khieu Samphan, who after appeals were found guilty of crimes against humanity

and sentenced to life imprisonment on 23 November 2016, and supports the position of the

Government of Cambodia and the United Nations to proceed with the tribunal in a fair,

efficient and expeditious manner, given the further advanced age and frail health of the

persons charged and the long overdue justice for the people of Cambodia;

3. Expresses continued concern over the financial situation of the Extraordinary

Chambers, urges the Government of Cambodia to work with the United Nations and the

States providing assistance to ensure the highest standards of administration of the

Extraordinary Chambers, stresses the need for the Government and the international

community to provide all appropriate assistance to the Extraordinary Chambers, and also

stresses the importance of efficient and sustainable management of financial resources by

the Extraordinary Chambers;

4. Calls upon the Government of Cambodia to transfer the knowledge and share

the good practices of the court officials at the Extraordinary Chambers;

5. Welcomes the positive engagement of the Government of Cambodia in the

second universal periodic review process and its acceptance of most of the

recommendations made therein and the progress so far on their implementation;

6. Welcomes the reports of the Special Rapporteur on the situation of human

rights in Cambodia 2 and the recommendations contained therein, also welcomes the

conclusion in December 2016 of a new memorandum of understanding for the

implementation of a technical cooperation programme on human rights between the

Government of Cambodia and the field office in Phnom Penh of the Office of the United

Nations High Commissioner for Human Rights to extend the mandate of that office for

another two years, takes note of the need to maintain close and respectful consultations

between the Government of Cambodia and the Special Rapporteur towards further

improvements in the situation of human rights in the country and for the continued

technical cooperation between the Office of the High Commissioner and the Government,

and encourages the Special Rapporteur and the field office in Phnom Penh to continue to

exchange information in order to assist in the effective implementation of their respective

mandates, bearing in mind their independence;

7. Encourages the enhancement of cooperation between the Government of

Cambodia and the Office of the High Commissioner, as specified in the memorandum of

understanding between the Government and the field office in Phnom Penh of the Office of

High Commissioner, and calls upon the Government to implement the recommendations

made by the Special Rapporteur, taking into account the national context of Cambodia;

2 A/HRC/27/70, A/HRC/30/58, A/HRC/33/62 and A/HRC/36/61.

8. Reaffirms the need for the Government of Cambodia to strengthen efforts to

consolidate and abide by the rule of law, including through the adoption, amendment and

further implementation of essential laws and codes for establishing a democratic society

and an independent judiciary;

9. Notes the efforts and progress made by the Government of Cambodia in

promoting legal reform under the leadership of the Council of Legal and Judicial Reform,

including enforcing basic laws, such as the civil procedure code, the civil code, the criminal

procedure code and the penal code;

10. Also notes the implementation of three fundamental laws on the judiciary,

namely the Law on the Statute of Judges and Prosecutors, the Law on the Organization and

Functioning of the Courts and the amendment to the Law on the Organization and

Functioning of the Supreme Council of the Magistracy, and urges the Government of

Cambodia to continue further its efforts at judicial reform, including through the fair,

effective and transparent application of these laws;

11. Stresses the need for the Government of Cambodia to continue to enhance its

efforts to investigate urgently and to prosecute, in accordance with due process of law and

its obligations under international human rights treaties, all those who have perpetrated

serious crimes, including violations of human rights, expresses deep concern over the death

of the political analyst on 10 July 2016 and the chilling effect this has had on civil society

and independent voices in Cambodia, calls upon the authorities of Cambodia to launch a

full and transparent probe into those cases, and stresses the importance of a full independent

judicial process under the Cambodia courts of law;

12. Notes the efforts made by the Government of Cambodia in combating

corruption, encourages the implementation of the penal code and the anti-corruption law,

and also encourages the Government to continue other such efforts, including through the

activities of the Anti-Corruption Unit;

13. Welcomes the efforts made by the Government of Cambodia in combating

crimes, such as trafficking in persons, the exploitation of labour and the sexual exploitation

of women and children, and urges the Government to make further efforts to this end, in

concert with the international community, to combat outstanding key problems in this area;

14. Takes note of the latest findings regarding gender-based issues in Cambodia,

and encourages the Government of Cambodia to strengthen its efforts on gender-based

issues, including by effectively enforcing existing laws and regulations;

15. Encourages the Government of Cambodia to continue implementing its five-

year strategy for gender equality, promoting women’s economic, social and political

empowerment, including their participation in decision-making processes, and the

expansion of women’s economic benefits through improved working conditions, social

protection and labour standards;

16. Also encourages, in this context, the Government of Cambodia to monitor the

implementation of the 2001 Land Law, including regarding specific obstacles to women

and vulnerable groups in obtaining land ownership and rights;

17. Notes the efforts made by the Government of Cambodia to resolve land

issues, inter alia, through the implementation of relevant laws and regulations, including a

moratorium on economic land concessions and systematic land registration, expresses

concern at the outstanding issues in this area, and urges the Government to continue and

enhance its efforts to resolve them equitably and expeditiously in a fair and open manner,

taking into consideration the rights of and the actual consequences for the parties concerned

and in accordance with relevant laws and regulations, such as the Land Law, the Law on

Expropriation, the Circular on the Settlement of Illegal Temporary Building in Cities and

Urban Areas and the National Housing Policy, and by strengthening the capacity and

effectiveness of relevant institutions, such as the National Authority for Land Dispute

Resolution and cadastral committees at the national, provincial and district levels;

18. Also notes the commitments made and the progress achieved by the

Government of Cambodia in implementing its obligations under international human rights

treaties and conventions to which it is a party, and urges the Government to continue to take

steps to meet its obligations under those treaties and conventions, and to this end to

strengthen its cooperation with United Nations agencies, including the Office of the High

Commissioner, through enhanced dialogue and the development of joint activities;

19. Further notes the commitment of the Government of Cambodia to establish a

national human rights institution, and urges that this be done in accordance with the

principles relating to the status of national institutions for the promotion and protection of

human rights (the Paris Principles) and upon sufficient consultation with relevant

stakeholders;

20. Welcomes the efforts made by the Cambodian Human Rights Committee,

especially in resolving complaints from individuals;

21. Also welcomes the efforts and progress made by the Government of

Cambodia in promoting decentralization and deconcentration reform with the aim of

achieving democratic development by strengthening subnational and grass-roots

institutions;

22. Expresses serious concern over the recent deterioration of the civil and

political environment in Cambodia due to the chilling effects of judicial prosecutions and

other actions against members of political parties, civil society and the media, in particular

the recent arrest and detention of Kem Sokha, a political opposition leader, and calls upon

all parties, inter alia, the ruling party, to work together towards de-escalating the tensions

and building trust and confidence by restoring dialogue with relevant stakeholders in the

country, and calls upon the Government of Cambodia to guarantee the right to freedom of

expression and association and to fulfil its accountability for the cases concerned;

23. Expresses concern about the restrictions imposed on the media, civil society

and political parties and the negative impact of the Law on Associations and Non-

Governmental Organizations and the amendments of 28 February and 10 July 2017 to the

Law on Political Parties, urges the Government of Cambodia to make continuous efforts to

ensure an environment conducive to the conduct of political activities by all political parties

under democratic principles and the rule of law, and to make further efforts to improve its

electoral system in accordance with international standards so that its election process as a

whole is satisfactory and acceptable to all parties concerned, and calls upon the

Government to take steps to ensure that the elections set to be held in July 2018 do so in an

open and fair manner;

24. Notes with concern that the 2017 amendments to the Law on Political Parties

could lead to an arbitrary restriction on the activities of political parties, encourages all

stakeholders to promote a peaceful democratic process under the rule of law and adherence

to a system of pluralistic liberal democracies through the participation of all elected

representatives in parliamentary debate, in accordance with the Constitution, and calls upon

the Government of Cambodia to ensure the protection of parliamentary immunity for this

purpose;

25. Urges the Government of Cambodia to take appropriate measures to

encourage and enable civil society, including independent trade unions and media, to play a

constructive role in consolidating democratic development in Cambodia, including by

ensuring and promoting their activities and in promoting equal access to the media by all

parties;

26. Notes the large presence of more than 5,000 entities operating associations

and non-governmental organizations, and urges the Government of Cambodia to further

take account of the interests and concerns of all stakeholders in enacting and/or

implementing various laws and measures that may affect the activities of civil society, in

particular, the Law on Associations and Non-Governmental Organizations, in order to

further nurture a vibrant civil society, and to protect and ensure freedom of speech,

association and peaceful assembly in accordance with the Constitution and the International

Covenant on Civil and Political Rights;

27. Encourages the Government of Cambodia to continue to take action to

promote the rights and dignity of all Cambodians by protecting civil and political rights,

including freedom of opinion and expression, and to this end to ensure that all laws are

interpreted and applied in a judicious manner so as to promote economic, social and

cultural rights in accordance with the rule of law;

28. Invites the Secretary-General, agencies of the United Nations system present

in Cambodia and the international community, including civil society, to continue to work

with the Government of Cambodia in strengthening democracy and ensuring the protection

and promotion of the human rights of all people in Cambodia, including by providing

assistance in the fields of:

(a) Drafting laws and assisting the establishment of an independent national

human rights institution;

(b) Capacity-building to strengthen legal institutions, including by improving the

quality and independence of judges, prosecutors, lawyers and court staff, and drawing on

the expertise gained by Cambodian nationals working in the Extraordinary Chambers in the

Courts of Cambodia;

(c) Capacity-building to strengthen national institutions for criminal

investigations and law enforcement, as well as providing the equipment necessary for these

ends;

(d) The implementation of accepted universal periodic review recommendations;

(e) Assisting the assessment of progress in human rights issues;

29. Decides to extend for two years the mandate of the Special Rapporteur on the

situation of human rights in Cambodia, and requests the Special Rapporteur to report on the

implementation of her mandate to the Human Rights Council at its thirty-ninth and forty-

second sessions, and to engage in a constructive manner with the Government of Cambodia

for the further improvement of the situation of human rights in the country;

30. Requests the Secretary-General to report to the Human Rights Council at its

thirty-seventh and forty-second sessions on the role and achievements of the Office of the

High Commissioner in assisting the Government and the people of Cambodia in the

promotion and protection of human rights;

31. Decides to continue its consideration of the situation of human rights in

Cambodia at its forty-second session.

42nd meeting

29 September 2017

[Adopted without a vote.]