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. 2

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