A/HRC/37/64
III. Promoting the rule of law
15.
During the reporting period, OHCHR continued to support the legal and judicial
reform process to strengthen the rule of law, and to work with the Ministry of Justice, the
Supreme Council of Magistracy, judges, prosecutors and lawyers.
16.
Together with the United Nations Educational, Scientific and Cultural Organization
and civil society organizations, OHCHR was involved in the consultative drafting process
for the law on access to information, which the Ministry of Information has led since 2014.
OHCHR participated in three sessions of the technical working group providing legal
comments on the draft and contributed to aligning the text more closely with international
human rights standards, in particular freedom of expression.
17.
In November, OHCHR shared with the Ministry of Rural Development, the Ministry
of Interior and the Ministry of Land Management, Urban Planning and Construction a draft
discussion paper on potential reform of the communal land titling process for indigenous
peoples. OHCHR has prepared the document in the context of the possible revision of the
2001 Land Law. The paper includes an analysis of the current national standards and
procedures and contains suggestions for simplifying the process to make it faster and more
affordable for indigenous peoples. The draft was discussed with the relevant ministries at
the technical level as well as with relevant NGOs before its finalization and formal
presentation to the Government of Cambodia in 2018.
18.
In December, OHCHR and the International Trade Union Confederation organized a
legal symposium in Phnom Penh, gathering approximately 80 participants representing the
Government of Cambodia, the International Labour Organization (ILO), domestic trade
unions, international confederations of trade unions, private companies and embassies to
review progress on issues related to the negotiation and fixing of the minimum wage, trade
union registration, and collective bargaining and dispute resolution. The purpose of the
symposium was to foster an agreement between relevant stakeholders on effective legal
measures aligned with ILO conventions and other human rights standards and
recommendations.
19.
OHCHR continued to serve as the donor partner-facilitator of the technical working
group on legal and judicial reform, co-chaired by the Ministry of Justice. In August, as part
of the planned activities that are monitored using the joint monitoring indicators of the
technical working group, OHCHR and the Ministry of Justice, in collaboration with the Bar
Association of the Kingdom of Cambodia and the South East Asia Legal Aid Network,
organized a workshop on regional best practices in the development of legal aid policies.
The workshop helped to identify some of the fundamental criteria that should be included
in the policy on legal aid to be drafted in 2018, to help guarantee that such aid is
systematically provided to all those who need it.
20.
In response to immediate legal aid needs, OHCHR provided grants to NGOs to
provide legal aid to persons who had filed claims pertaining to economic and social rights,
particularly rights to land and housing, and in 152 prioritized appeal cases to help prisoners
to obtain a final judgment.
21.
As part of its Extraordinary Chambers in the Courts of Cambodia legacy
programme, OHCHR, jointly with the Bar Association of the Kingdom of Cambodia,
organized the 2017 Legal Dialogue Series. The November meeting, which had the highest
attendance of national lawyers of the whole Series, focused on building a defence strategy
and carrying out effective representation of civil parties.
22.
OHCHR monitored judicial proceedings in over a dozen cases, identifying gaps in
the implementation of international human rights standards where further technical
assistance is required, particularly regarding fair trial rights. Specifically, OHCHR
monitored cases of past and current impunity where the alleged perpetrators had not been
arrested or prosecuted. This situation contributes to the loss of faith in the justice system
and, in cases of crimes allegedly committed by local authorities, has undermined the
authority of the courts.
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