A/HRC/15/47 II. Rule of law 6. Few people in Cambodia have access to justice for violations of their rights, because they are poor and disempowered and, too often, when they turn toward the courts, justice is rarely delivered. The Office’s rule of law programme aims to assist the Government in strengthening an institutional framework within which people can obtain an effective remedy, through the promotion of human rights standards, the strengthening of institutions responsible for protecting human rights, and their effective functioning. 7. The Office supported the Government’s commitment to the international human rights treaties, both through new ratifications and compliance with existing obligations. In August 2009, a law to ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women was promulgated. OHCHR has been encouraging the Ministry of Social Affairs to consider ratification of the Convention on the Rights of Persons with Disabilities in the light of the adoption of the Law on the Rights of Persons with Disabilities in 2009. A plan of action for implementation of the law is being drafted and it is hoped that ratification will be part of it. 8. The Office welcomed the adoption of the new Penal Code1, replacing the criminal provisions enacted by the United Nations Transitional Authority in Cambodia (UNTAC) in 1992. The Code was drafted with significant support from the Government of France, and represents a considerable improvement in the legal framework for the administration of criminal justice. The Office analysed key provisions in order to contribute to an informed debate on the draft code as it passed through Parliament. The analysis focused on the extent to which the provisions conformed to international standards applicable in Cambodia with regard to sentencing, especially non-custodial alternatives, detention, torture and child exploitation, as well as their potential for restricting freedom of expression. Parliament missed an opportunity to improve the Code in order to strengthen Cambodia’s adherence to other international human rights treaty norms, for instance by including a definition of torture under the provision on torture in line with the 2003 recommendation of the Committee Against Torture2, or ensuring better protection of children against sexual exploitation in line with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. OHCHR’s comments highlighting these concerns were shared with the Government and all parliamentarians but no amendments were made. 9. The tightly controlled adoption process by Parliament with no amendments accepted at any stage of the process highlighted that institution’s limited effectiveness in scrutinizing legislation prepared by the Executive. Whilst the National Assembly had begun to assert its independent role when it sent the draft Law on Peaceful Demonstrations back to the Council of Ministers in early 2008, important laws, such as the Penal Code, the anticorruption law, and the law on expropriation, were adopted with almost no debate, no amendments, and little or no consultation. The Government has responded that some Cambodian laws take many years to draft and are sent back and forth between executive and legislative bodies for modifications after being submitted to the legislative body. The Government is of the view that no law in Cambodia has been drafted or passed without debate either at drafting or passing level. 10. The process of establishing a national human rights institution (NHRI) has moved forward slowly since it started over a decade ago. The non-governmental organization (NGO) group delegated to draft the law and the CHRC are moving towards a consensus on 1 2 4 Part of the Code came into force in December 2009; the balance entered into force in December 2010. CAT/C/CR/30/2, para. 7.