A/HRC/12/40
page 6
17. I began to examine the complex issue of land conflicts and sought information and advice
from a variety of actors, including local communities, non-governmental organizations,
international organizations, development partners and senior Government officials. Access to
land in a rural country is of vital importance. I sensed a disconnect between national law that
recognizes people’s rights to own land and establishes clear property safeguards, and what
appears to be widespread land grabbing and alienation, in both urban and rural areas. In the
current context of economic growth, which has given rise to escalating land values and land
speculation, evictions of communities which have been living for years in informal settlements
appear to be commonplace, and mostly without fair compensation, to make way for high-end
development. I am concerned that this trend undermines the rule of law and jeopardizes people’s
livelihoods.
18. I have also been informed that in rural areas, indigenous and rural communities are often
left without recourse to protect their land from being taken by powerful individuals, or for
mining or land concessions. My initial impression is that there is a need to strengthen the
implementation of the land law in a fair manner in this domain, both by the administration and
by the courts. There seems also to be a need to clarify the rationale for and process of eviction
and resettlement, perhaps through the adoption of binding national guidelines, and devise ways
to ensure land tenure security for the most vulnerable. This is an area where I will be happy to
offer my advice and seek to foster cooperation in the search for long-term solutions to this
painful issue.
19. Another issue that arose prominently during my visit was a series of defamation and
disinformation charges filed by or on behalf of the Government against members of opposition
parties and other critics of public policies or practices. Several convictions were pronounced.
Two men, the director of a non-governmental organization and a news editor, both close to the
main opposition party, have been sentenced to prison terms. A senior leader of the same party,
Mu Sochua, was stripped of her parliamentary immunity and convicted for having filed a
complaint for defamation against the Prime Minister. She was not given any opportunity to
present her case in parliament before action was taken against her. Her supporters were chased
away by security forces outside the parliament and foreign ambassadors with permanent
admittance cards to the public gallery were not allowed in. Worse, her lawyer also came under
pressure for speaking out about the case in public and he eventually withdrew, leaving
Ms. Sochua without a lawyer to represent her.
20. This is a disturbing trend which, if allowed to continue, could seriously undermine the
exercise of the constitutional right to freedom of expression, which is essential to effective media
freedom, pluralism, diversity and democratic debate. I have discussed this concern with the
Prime Minister and hope to pursue my dialogue with him and the Government in order to foster a
more tolerant environment allowing effective democratic, that is, free, respectful and
contradictory debate. The treatment meted out to Ms. Sochua’s lawyer is likely to have a
detrimental impact on the independence and integrity of the legal profession.
21. The challenge for a country such as Cambodia is to continue with the process of reform
and democratization with the seriousness and sincerity required to implement the provisions of
international human rights treaties, most of which embody universal values and are part of
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