A/HRC/33/39
I. Introduction
1.
The present report, submitted to the Human Rights Council pursuant to Council
resolution 30/23, describes the activities of the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in Cambodia from 1 July 2015 to 30 June
2016. It follows on the previous report submitted to the Council (A/HRC/30/30).
2.
Originally mandated by the Commission on Human Rights in its resolution 1993/6,
the work of OHCHR in Cambodia is guided by Human Rights Council 30/23, a biennial
Memorandum of Understanding signed with the Government of Cambodia, 1 and the global
mandate of the High Commissioner, as set out by the General Assembly in its resolution
48/141. OHCHR looks forward to concluding its discussions with the Government on the
renewal of the Memorandum of Understanding, in accordance with the Convention on the
Privileges and Immunities of the United Nations.
3.
The legal and institutional framework in Cambodia underwent some notable changes
during the period under review. New laws coming into force contain provisions that could
potentially restrict the freedoms of expression, association and assembly, particularly the
Law on Associations and Non-Governmental Organizations, the long-awaited Trade Union
Law and the Telecommunications Law. At the end of the period under review, other bills
with potentially profound implications for human rights were in various stages of drafting,
including on access to information, whistle-blower protection, cybercrime and State secrets,
only some of which are open to public consultation.
4.
The period under review began at a time of rising political tensions, in the wake of
the breakdown of the “culture of dialogue” agreed to in 2014 between the ruling
Cambodian People’s Party (CPP) and the Cambodia National Rescue Party (CNRP).
Dialogue had been a central feature of the negotiated settlement of a year-long political
stalemate following the contested National Assembly elections in 2013 (see A/HRC/30/30,
para. 3).
5.
Some of the issues publicly raised by the CNRP in 2014 and 2015 provoked strong
reactions from the Government, particularly its accusations that the CPP-ruled Government
had knowingly ceded Cambodian territory to Viet Nam. Border issues and relations with
Viet Nam are historically sensitive and tend to resonate deeply with the public. The current
and previous Special Rapporteurs on the situation of human rights in Cambodia have
expressed their concern about the use of anti-Vietnamese language by the opposition.
6.
A number of judicial actions taken against the opposition and civil society
organizations reflect structural deficiencies in the law enforcement and judicial institutions
that have long been highlighted by human rights mechanisms, including the independence
of the judiciary, lack of procedural guarantees resulting in over-reliance on pretrial
detention, weak evidentiary bases for convictions, and impunity. A growing number of
��Facebook cases” are being tracked in which postings on social media are being used as
evidence of the commission of crimes.
7.
Following a short pause in 2014, tensions broke out again between the ruling and
main opposition parties, coinciding also with a number of judicial actions against members
and supporters of the main opposition party from mid-2015. In July, 11 people were
convicted to between seven and 20 years of imprisonment in a so-called “insurrection trial”.
1
2
The previous Memorandum of Understanding covered the period from 1 January 2014 to 31
December 2015.
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