A/HRC/33/62
for Rural Development (now Minister for Land Management, Urban Planning and
Construction) and the Governor of Stung Treng.
43.
There are a number of ongoing housing issues beyond those outlined on
resettlement. The Government has benefited from the recommendations made by the
Committee on Economic, Social and Cultural Rights (see E/C.12/KHM//CO/1, paras. 2930) and the Special Rapporteur on adequate housing as a component of the right to an
adequate standard of living (see E/CN.4/2006/41/Add.3, para. 82). These recommendations
also build towards Sustainable Development Goal 11. The adequacy of housing remains
problematic, particularly in the case of housing for persons with a lower income. 13 The
Special Rapporteur is aware that the large-scale movement of workers to be near places of
employment (for example, construction zones or garment factories) puts particular pressure
on the availability of affordable, quality housing. For this reason, ensuring that existing
laws and policies guaranteeing the availability of adequate housing and that workers have
an adequate standard of living are implemented is especially important.
VII. Administration of justice
44.
During both missions, the Ministry of Justice outlined to the Special Rapporteur the
reforms currently under way. The Special Rapporteur acknowledges the amount of work
required to implement the changes needed to reform administration of justice to bring it
into compliance with treaties, including the International Covenant on Civil and Political
Rights (see A/HRC/15/46 and A/HRC/26/16, paras. 118.79-90). The Ministry of Justice has
continued its efforts to implement the three fundamental laws on the judiciary adopted in
2014, focusing its attention on the law on the organization and functioning of the courts.
While the Ministry of Justice is currently engaged in certain areas of reform, there is
mounting pressure for more immediate and apparent results from the reform process.
45.
The independence of the judiciary, both actual and apparent, remains a concern (see
CCPR/C/KHM/CO/2, paras. 19-20 and CAT/C/KHM/CO/2, para. 13). At present, the
judiciary is widely considered to be closely affiliated with the executive and legislature,
despite the provisions of articles 51 and 128 of the Constitution. There have been a number
of instances of senior government ministers commenting publicly on matters still under
investigation or sub judice. Most recently, in April and May 2016, several government
departments issued statements calling for the investigation and prosecution of specified
civil society actors and United Nations officials. Such actions undermine public perception
of the independence of the judiciary with regard to the executive. A strong and independent
judiciary able to administer justice in a fair and transparent manner is imperative.
Sustainable Development Goal 16.6 requires effective, accountable and transparent
institutions.
46.
The previous mandate holder made a number of recommendations for developing
and strengthening the independence of the judiciary (see A/HRC/15/46), many of which
have yet to be addressed. The Special Rapporteur commends those recommendations to the
Government once more for detailed consideration and implementation as part of its reform
agenda.
47.
Challenges remain in determining statistical information on cases. For this reason,
the Government should consider establishing a system for systematically recording and
reporting cases, building on its evolving case registration and management system.
13
14
See general comment No. 4 (1991) of the Committee on Economic, Social and Cultural Rights, para.
8.
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