A/HRC/7/42 page 11 D. Independence of the legal profession and the provision of legal services 45. The legal profession is regulated under the Law on the Bar, which proclaims the independence and autonomy of the profession and gives its members the monopoly of providing legal services (art. 1). The Law regulates qualifications for entry into the profession and the provision of legal services (some rules concern preserving the monopoly of the profession and some conflict of interests). 46. From 2004 to 2006, BAKC was paralysed by a dispute, with heavy political overtones, over its presidency. Since October 2006 it has regained some stability. However, it is perceived as being closely tied to the Government, and several lawyers and NGOs have told the Special Representative that BAKC is not independent of political pressures. 47. The Cambodian legal profession is very small but growing, and availability of services to the poor is thus limited. Research suggests that fewer than half of the accused in criminal cases in which having a lawyer is not mandatory, are represented; even in serious cases, where it is mandatory, about 30 per cent of the accused are unrepresented. 48. The Government has no legal aid scheme. BAKC, with little funding from government and foreign donors, can provide limited legal aid. However the principal source of legal advice and representation, especially in the rural areas, is NGOs. These have lawyers on their staff who represent the poor, and since the mid-1990s legal aid NGOs have done very valuable work. 49. These lawyers and NGOs face many obstacles, placed in their way by powerful members of the community, with assistance from the authorities, and, unfortunately, it seems, BAKC. There have been cases of rich or well-connected litigants trying to get the lawyers of their less powerful opponents investigated for criminal offences - such as “incitement” - simply for performing their professional responsibilities of acting for the poor. In the Kong Yu case (see paragraph 65) the villagers’ lawyers have been accused of criminal incitement. Cases should be allowed to proceed, rather than being diverted and even derailed by harassment of the lawyers. 50. NGOs complain that in various ways their work has become more difficult. They experience greater difficulty in holding meetings with clients, including in getting access to prisoners. New court fees will make bringing cases harder (and commune officials demand bribes for a certificate of financial status by which the poor could obtain exemption from fees). Some NGOs report that their staff have experienced what feels like intimidation from the Bar and has led some lawyers to resign and move into private practice. 51. Preserving professional independence is undoubtedly important. But recent efforts of BAKC to cast doubt on the legitimacy of the activities of these legal aid NGOs can reasonably be viewed as having other motives. When concerns are raised by a body that shows some hostility to the NGO movement, it cannot appear even-handed, especially when the Bar itself is seen as being closely linked to the Government. BAKC has suggested that the Law on the Bar prohibits legal practice by NGO-employed lawyers. On the other hand it has asked NGOs to sign memorandums of understanding with it in order to carry out their legal aid work. It halted a legal internship programme (the USAID-funded Law Fellows Program) despite it having been