A/HRC/21/35
I. Introduction
1.
The present report, submitted pursuant to Human Rights Council resolution 18/25,
describes the activities of the Office of the United Nations High Commissioner for Human
Rights (OHCHR) in Cambodia from July 2011 to June 2012.
2.
The OHCHR presence in Cambodia, mandated by the Commission on Human
Rights in its resolution 1993/6, continued to provide assistance to the Government and to
the people of Cambodia in promoting and respecting human rights. During the period under
review, the OHCHR programme of cooperation with the Government, civil society and the
development community continued to focus on five areas: support for prison reform; the
protection of fundamental freedoms and the development of civil society; the protection of
rights relating to land and housing; support for legal and judicial reform; and promoting the
legacy of the Extraordinary Chambers in the Courts of Cambodia.
3.
In accordance with its mandate, OHCHR continued to work with Government
partners in a spirit of constructive dialogue and mutual respect. As the activities reflected in
the present report demonstrate, OHCHR has proven to be a sound source of technical
expertise on human rights issues that continue to pose some of the most difficult challenges
faced by Cambodia. As much was further evidenced by the Government’s decision to
renew for two years, from 1 January 2012, its memorandum of understanding governing the
provision of technical assistance by OHCHR. While the Office has favoured bilateral
discussions with Government counterparts when raising difficult human right issues, in
particular individual cases of human rights violations, on occasion it has raised concern
publicly in accordance with the global mandate given to the High Commissioner.
4.
The reporting period was notable for a number of reasons, one being the fact that
cooperation between the Government and OHCHR has improved in a number of areas since
the previous reporting period. This development is welcomed by OHCHR. Much of the
cooperation outlined in the present report focuses on bridging the human rights knowledge
and capacity gaps in government. The effectiveness of cooperation must, as ever, be judged
in terms of its impact on the enjoyment of human rights by all in Cambodia.
5.
The Office increased its individual case work during the reporting period,
undertaking over 150 individual visits to investigate allegations of human rights violations
in all provinces of the country. This work confirmed a number worrying trends, including:
(a)
The persistence of a large number of disputes linked to land, and increasing
violence on the part of communities protecting their land;
(b)
Continuing impunity for serious human rights violations, and rapid arbitrary
convictions of human rights defenders;
(c)
A marked increase in the use of live ammunition by security forces against
people seeking to claim their rights (in the first five months of 2012, OHCHR investigated
five instances of injuries caused by live ammunition, two of which resulted in deaths: Chut
Wutty, an environmentalist activist, in Koh Kong Province; and Heng Chantha, a 14-year
old girl, in Kratie province).
6.
Cambodia assumed the chair of the Association of Southeast Asian Nations
(ASEAN) on 1 January 2012 and, with it, the responsibility for guiding the elaboration of
an ASEAN human rights declaration. This resulted in increased national and international
attention to human rights issues in the country, particularly during major ASEAN meetings
held in Cambodia. Cambodia entered a two-year election period, with commune elections
held in June 2012 and national elections scheduled for mid-2013. Although the commune
elections were largely free of violence, credible allegations of irregularities were raised.
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