A/HRC/45/51
VII. Communications to the Government
90.
During the reporting period, the Special Rapporteur, jointly with other mandate
holders, issued communications to the Government of Cambodia. These communications
were reported to the Human Rights Council.91 All public communications are also available
on the OHCHR special procedures communications website.92 All responses submitted by
the Government are also available. The Special Rapporteur welcomes the fact that the
Government has responded to some of the communications; however, she is not yet satisfied
that the Government has taken sufficient action to address and, where necessary, rectify the
issues raised.
VIII. Conclusions and recommendations
91.
The Special Rapporteur remains committed to supporting inclusive dialogue and
participatory decision-making processes as she continues to monitor and advocate for
the full enjoyment of human rights by everyone in Cambodia. As noted in the report,
the human rights situation in Cambodia remains dominated by restrictions to
fundamental freedoms and political rights, with an increased number of arrests and
detentions of members and supporters of the former Cambodia National Rescue Party.
Civic space continued to shrink as human rights defenders, civil society organizations
and those exercising their right to freedom of expression were subjected to intimidation,
harassment and arrests.
92.
The ongoing COVID-19 pandemic and the resulting economic impact is having
a profound effect on a wide range of human rights. The Government’s socioeconomic
response should therefore address inequalities and grievances and be aimed at
advancing human rights for all Cambodians. Recalling the Sendai Framework for
Disaster Risk Reduction 2015–2030, by “building back better”,93 the Government can
ensure that no one is left behind. To this end, the Government should also remind
businesses trading with Cambodia of their responsibilities in terms of the Guiding
Principles on Business and Human Rights, including honouring agreed contracts of sale
and supply, and ensure that businesses benefiting from economic stimulus measures
also foreground the standards contained in the Principles.
93.
The Special Rapporteur recommends that the Government of Cambodia:
(a)
Promote dialogue with all parties and seek dialogue in a peaceful environment
that allows diverging political voices to be expressed, and avoid any further restrictions
on fundamental freedoms than are necessary for the enjoyment of human rights by all;
(b)
Continue with its positive interactions and consultations with civil society
organizations. The consultations should be substantive and help build a more inclusive
society through meaningful participation;
(c)
Strengthen protection from harassment, threats and intimidation of human
rights defenders, journalists and civil society members;
(d)
Institutionalize reforms of the criminal justice system and ensure that any effort
to alleviate prison overcrowding and to improve detention conditions, including
through expediting trials, is in compliance with international human rights obligations.
This includes deploying pretrial detention only when strictly necessary, in accordance
with the law, and considering drafting new guidance on evidentiary standards and
requirements;
(e)
Ensure a transparent, consultative process to revise the laws on elections and
political parties, the law on trade unions, the law on associations and non-governmental
organizations, as well as the draft law on access to information – which has undergone
91
92
93
See A/HRC/44/59, A/HRC/43/77, A/HRC/42/65 and A/HRC/41/56.
https://spcommreports.ohchr.org/.
General Assembly resolution 69/283, annex I.
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