A/HRC/27/70
2014.6 Of 205 recommendations made, 163 were accepted by the Government and 42 were
noted.
64.
Between the review by the Working Group in January 2014 and the adoption of the
outcome, Cambodia changed its position on eight recommendations from “accepted” to
“noted”, which the Special Rapporteurs regrettably believes reflects reluctance of the
Government to accept and therefore commit itself to act on important human rights issues,
including four that it explicitly “rejected”.7 He notes that many of the recommendations
noted in this round of universal periodic review are equivalent to some that it had accepted
— and thereby committed itself to implement — in the first round in 2009.
65.
The Special Rapporteur draws attention to the fact that some of the
recommendations that Cambodia did not accept are actually binding obligations under
human rights treaties ratified by Cambodia. Notably, the establishment of an independent
national preventive mechanism is an obligation under the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which Cambodia ratified in 2007. It is simply not an option to decline to
establish an independent national preventive mechanism. Other binding obligations include
ensuring the independence of the judiciary; freedom of expression and information,
including on the Internet; freedom of assembly; prohibiting the use of excessive force
against protestors during demonstrations; and adequate housing and access to basic
services, health care and employment for those displaced from their land.
66.
The Special Rapporteur recalls that States parties to international human rights
treaties are under obligation to strive for and achieve the progressive realization of human
rights; in other words, regression on treaty-defined human rights is not permitted.
Therefore, he urges the Government of Cambodia to revisit the recommendations that it
“noted”, with a view to reaffirming its commitment to implement them.
The independence of national human rights institutions
67.
The Special Rapporteur consulted with a wide range of stakeholders during his last
two missions about their views regarding the need, or desirability, of establishing an
independent national human institution. An independent national institution that conforms
to the Paris Principles is responsible for monitoring and advising the Government on all
human rights matters and is empowered to investigate individual complaints has proven to
be an effective protection mechanism in many countries, including within the Association
of Southeast Asian Nations. He considers that such an institution could also prove useful in
filling an important gap in Cambodia.
68.
While there seemed to be a widely shared consensus on the need for such a
mechanism, concern was expressed in different quarters on whether it was possible under
current conditions to create a truly independent national human rights commission and/or
appoint truly independent people with the requisite credentials to serve as members.
69.
The approach of the Government has been to establish governmental rather than
independent bodies. The overarching institution is the Cambodia Human Rights
Committee, which reports to the Council of Ministers. Other bodies that are focused on
specific groups of persons have also been established, such as the Cambodian National
Council for Women, the Cambodian National Council for Children and the Disability
6
7
16
The report of the Working Group is contained in document A/HRC/26/16.
Within the rules of the Council as stipulated by its resolution 5/1, they would be considered as merely
“noted” since the rules do not provide for rejection.
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