A/HRC/7/42
page 4
Introduction
1.
This is the third report by this Special Representative since his appointment by the
Secretary-General on 1 November 2005, submitted in accordance with Human Rights Council
resolution 5/1. The Special Representative undertook his third mission to Cambodia from 29
to 31 May and his fourth from 1 to 10 December 2007.
2.
This report examines the extent to which the rule of law is observed in Cambodia. The
framework of the rule of law enables one to gain valuable insights into the legal, judicial and
political system of a country, exploring systematically the strengths and weaknesses of the legal
and judicial system, and the impact of the analyses and recommendations of successive Special
Representatives. The report examines how to maximize the impact of the Extraordinary
Chambers in the Courts of Cambodia (ECCC)’s jurisprudence and practice on the Cambodian
national legal system.
3.
The report analyses the electoral system, considering what reforms may be appropriate for
the National Assembly elections due in July 2008.
4.
During his fourth mission, the Special Representative met with representatives of
Cambodian civil society, the Bar Association of the Kingdom of Cambodia (BAKC), lawyers
working with NGOs providing legal services, members of the diplomatic community,
international agencies, development and international NGOs, journalists, prison officials and two
detainees, judges, prosecutors, defenders and staff of ECCC. He regrets that requests to meet
Prime Minister Hun Sen or any ministers or senior public servants were rejected, frustrating any
dialogue.
5.
He visited Rattanakiri province, and met with human rights associations, had a lengthy
discussion with the Acting President of the provincial court, and visited the provincial prison. At
the Kong Yu village he studied at first hand a land dispute between the indigenous villagers and
a company, and had some unexpected experience of the sort of harassment that faces villagers
and those showing an interest in their problems (see paragraph 70). The Deputy Provincial
Governor was not in his office when the Special Representative went to keep an appointment
with him.
6.
The Special Representative encountered communities who fear police aggression and
arrest when he visited the Dey Krahom and Group 78 communities in Phnom Penh, where
residents face illegal evictions.
7.
The Special Representative participated in ceremonies to mark International Human Rights
Day, organized by civil society groups.
I. THE RULE OF LAW
8.
The importance of the rule of law and United Nations role in its promotion has been
repeatedly emphasized. Visiting Cambodia in 2006, the High Commissioner for Human Rights,
Louise Arbour, described court reform as “the single most important area” requiring progress.
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