A/HRC/7/42 page 8 heavy reliance on confessions, many obtained through coercion or torture. The new rule could undermine the prohibition of evidence obtained by forced confessions by the Constitution and the Convention against Torture. 25. Excessive delays mark the Cambodian court system, partly because of serious shortages of courts and judges, and the travel involved for people. The requirement of a three-judge bench for felonies will aggravate this problem as it now requires a three-judge bench for felony cases (art. 289). The Special Representative understands that the intention is to discourage corruption in the judiciary. However, empirical evidence elsewhere suggests that this is not necessarily a safeguard against corruption. 26. The Civil Procedure Code (CPC) introduces various court fees which place the civil courts out of reach of most ordinary Cambodians. Substantial deposits must be lodged with the courts, which may award costs against the losing party. These substantially increase the overheads of organizations providing essential legal assistance to the poor. Without State-funded legal aid, such rules always work to the disadvantage of the poor. 27. There has been less progress on other urgent laws. The Law on the Organization and Functioning of the Courts has been delayed by disagreement between the Ministry of Justice and SCM over who should administer the courts. Ministry control would be inconsistent with the separation of powers and independence of the judiciary. 28. The constitutionally required law on the status of judges (art. 135) has made little progress. Without this, judges cannot, as stipulated in the Constitution, elect their members of SCM, who are meanwhile appointed on the instructions of the executive. Nor has progress been made on the amendment to the Law on the SCM, necessary to establish judicial independence and curb corruption. Likewise, slow progress has been made towards the adoption of the anti-corruption law. 29. The Special Representative regrets particularly the continued lack of real progress on the development of a framework for the registration of land belonging to indigenous peoples. The Special Representative, and the Special Rapporteur on adequate housing, Miloon Kothari, in his report to the Council of 21 March 2006,4 have previously urged the speedy enactment of a sub-decree on the registration of indigenous land. The Special Representative fears that due to this delay most indigenous communities may lose their lands, frequently in an arbitrary and abusive manner, before its enactment. Many persons told the Special Representative that the delay was deliberate, in order to promote Rattanakiri and Mondulkiri, two provinces where indigenous peoples form the majority of the population, as the “fourth development pole” by 2015. The Government has ignored his previous recommendation to suspend dealings in indigenous peoples’ land until enactment of the sub-decree. 30. The need for reform and clarity in land legislation goes beyond the indigenous peoples’ issue. Mr. Kothari, surveying all land laws as they affect the right to housing, concluded that 4 See E/CN.4/2006/41/Add.3.