A/HRC/27/43
violent in an industrial area. A fifth person eventually succumbed to injuries incurred that
day and a sixth individual, a 16-year-old boy, has not been seen since 3 January, when he
was allegedly shot in the chest. On 4 January, security forces in Phnom Penh cleared
demonstrators from Freedom Park, a designated area for demonstrations, while the Ministry
of Interior issued a press statement explaining that demonstrations were “provisionally
suspended until the public security and order return to normal”. While the political
negotiations between the two parties continued, the pace and scale of demonstrations was
much reduced, with some allowed to proceed while others were suppressed. It is therefore
unclear whether the ban on demonstrations remains in place. Scores of criminal complaints
were filed against the leaders of the unions that had backed the December-January strikes.
Later in 2014, there was an upturn of judicial intimidation of union activists in relation to
other labour actions.
7.
Meanwhile, the Government has proceeded to draw up key laws and submit them to
the Parliament without public disclosure of their contents, and thus without public
consultation or debate. They include three fundamental laws on the judiciary (on the
organization of courts, on the Supreme Council of Magistracy and on the status of judges
and prosecutors), the contents of which as adopted by Parliament would entrench in law the
lack of independence of the judiciary. Other draft laws critical for human rights, including
draft laws on associations and non-governmental organizations (NGOs) and on cybercrime,
are reportedly being developed with the same lack of transparency. From the information
that it has been possible to obtain, several draft laws would appear to contain restrictive
provisions that could inhibit the enjoyment of human rights. At the same time, a draft law
on environmental impact assessments is undergoing consultation and public pledges have
been made that a future draft on freedom of information will also be prepared through wide
participation, including of the United Nations Educational, Scientific and Cultural
Organization (UNESCO) and OHCHR.
8.
The past year witnessed a significant, although seemingly temporary, widening of
the democratic space. After the July 2013 elections, and prior to the events of January 2014,
freedom of expression was enjoyed on a larger scale than ever seen in recent history. For
the first time in decades, a viable opposition party gained a significant number of seats in
the National Assembly. Promises of reform may lead to a system of some checks and
balances in the governance structure of the nation. Decentralization is moving ahead and
anecdotal signs indicate that local governance structures may be becoming more responsive
than they have been in the past. Positive measures taken in 2014 by the Phnom Penh
municipality to engage groups of families who had been evicted from their lands and homes
— many of whom are still subject to violence and the withholding of basic social services
— hold promise for a resolution to these long-standing disputes.
9.
It remains to be seen, however, whether meaningful reform will take place. At
present, the three pillars of Government (legislative, executive and judiciary) remain under
the control of the ruling party. Physical attacks by security forces, including by private
security groups, against journalists spiked in 2014. The fatalities and injuries caused by
State forces during demonstrations over the past year have not been investigated or resolved.
10.
In the meantime, serious ongoing human rights concerns continued to demand
attention, particularly with respect to land and housing rights. An unabated number of
alleged victims of land-grabbing or forced evictions, whether indigenous groups, whole
villages, communities or individual families, have sought interventions and requested
monitoring and protection from OHCHR.
11.
In that delicate context, OHCHR continued its most significant technical cooperation
activities, as well as activities aimed at capacity-building and public awareness-raising. It
enjoyed a generally good level of cooperation with the national State institutions during
much of the year, particularly at the working level, and with the Phnom Penh municipality.
4
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