A/HRC/21/63
Cambodia has benefited from recommendations made by bilateral and multilateral
agencies to reform the electoral process in view of the shortcomings identified in previous
elections. It is regrettable, however, that most of those recommendations remain
unimplemented. Accordingly, emphasis is laid in the report on an assessment of the
independence and capacity of the National Election Committee and the provincial election
committees as some of the State institutions responsible for upholding people’s rights. There
are major flaws in the administration of elections in Cambodia and urgent and longer-term
reforms are needed to give Cambodians confidence in the electoral process and in the
workings of the National Election Committee. With this in mind, the Special Rapporteur
makes constructive recommendations to reform the electoral process and hopes that the
Government, the National Election Committee and other stakeholders will take steps to
implement them.
With regard to the impact of economic land concessions on people’s rights, the
Special Rapporteur is of the view that the human cost of such concessions has been high. The
absence, in many instances, of proper consultation and negotiation with the people affected
when granting such concessions has been a major concern. Previously, the Special
Rapporteur had called upon the Government to suspend the granting of new economic land
concessions until and unless there was a proper policy framework put in place that met the
standards of transparency and accountability and enabled the people affected to participate in
consultations before such concessions were granted. The Special Rapporteur was therefore
pleased that, during his seventh mission to the country, the Prime Minister issued a decree
halting new economic land concessions and pledged to review existing concessions. The
Special Rapporteur welcomes this decision and calls upon the Government to ensure that that
review is participatory, transparent and inclusive. The addendum to the present report
contains an analysis of the nature and impact of economic and other land concessions, in
addition to recommendations by the Special Rapporteur to counter the negative impact of
those concessions on the lives of Cambodians, especially the rural poor, indigenous peoples
and those living on the margins of society.
The Special Rapporteur understands that Cambodia, as a developing country, wishes
to capitalize on its land and natural resources with a view to promoting development and
bringing prosperity. He acknowledges that historical circumstances, including the policies of
the Khmer Rouge regime, have led to a proliferation of land disputes that the Government is
seeking to manage. He also recognizes that there are social land concession programmes
involving the distribution of land to the landless. Nevertheless, the Special Rapporteur is of
the view that land concessions should be granted and managed within a sound legal and
policy framework that includes respect for human rights, especially the rights of indigenous
peoples, the rural poor and those living on the margins of society.
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