A/HRC/27/70
independent and credible investigation into those allegations, the newly elected members of
Parliament belonging to the opposition party the Cambodia National Rescue Party (CNRP)
refused to take their seats in the National Assembly. In the aftermath of the elections,
people were for the most part able to express themselves freely and to enjoy their freedom
of assembly through numerous protest marches and demonstrations, both large and small.
Those protests were mostly well disciplined and peaceful and were in general not subject to
restriction by the authorities. The sharing of views and information through new means,
particularly social media, enabled more ordinary people to take interest and directly
participate in the national political and economic discourse than ever before. The Special
Rapporteur believed that the ability of people to exercise their rights was a sign of a
maturing democracy in Cambodia, which he welcomed. On 22 July 2014, the two parties
finally ended their stand-off by reaching an agreement on several key issues, and CNRP
announced that it would assume its seats in the National Assembly. However, the violence
and use of excessive force witnessed on repeated occasions since the elections, as well as
the indefinite continuation of an ambiguous and arbitrary ban on demonstrations that lasted
over six months at the time of writing, and the arrest of CNRP members on very serious
charges widely believed to be politically motivated, ran counter to this trend.
The international community has invested heavily in Cambodia; however, some of
the State institutions, such as the judiciary and the National Election Committee, have not
been able to command the full trust and confidence of the entire population. The Special
Rapporteur welcomed in principle the enactment of three fundamental laws on the judiciary
which had constituted the core of the recommendations in his first substantial report in
2010. Those laws contain a number of provisions designed to strengthen the workings of
the judiciary, for instance, in regard to case management. Although the Special Rapporteur
is concerned by certain provisions in those laws which are detrimental to the independence
of the judiciary and the doctrine of the separation of powers, the laws passed by Parliament
should provide a framework for improvement in the future. With regard to parliamentary
and electoral reform, the long overdue reform has become more urgent now than ever and
the Special Rapporteur has made further recommendations in the present report.
The Special Rapporteur is encouraged by the acceptance of the rationale and the
need for electoral reform contained in his report on electoral reform (A/HRC/21/63) by
both the ruling and opposition parties. He hopes that, in addressing those fundamental
issues, the two parties will reach a logical conclusion on principled grounds, rather than be
guided merely by political expediency of a temporary nature. This is an opportunity to
carry out a comprehensive reform of lasting character informed by international standards
so that the situation that arose following the 2013 elections to the National Assembly will
not repeat itself. By virtue of the fact that it is the ruling party, the Cambodian People’s
Party and the Government itself have the responsibility to demonstrate maximum
flexibility, leadership and seriousness and embrace the demands for reform to ensure a
smoother functioning of democracy in the country. At the same time, the opposition party
too must be reasonable and realistic and promote tolerance and harmonious race relations.
The overall assessment of the Special Rapporteur of the situation of human rights is
that it is evolving in a generally positive direction, and he remains optimistic for the longterm development of the nation. He welcomes the end of the political stalemate, which now
makes it possible to make meaningful progress towards building a governance structure
that protects and respects human rights. This is the final report of the present Rapporteur
for the Human Rights Council.
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