A/HRC/18/46
United Nations
General Assembly
Distr.: General
2 August 2011
Original: English
Human Rights Council
Eighteenth session
Agenda item 10
Technical assistance and capacity-building
Report of the Special Rapporteur on the situation
of human rights in Cambodia
Surya P. Subedi
Summary
This year marks the twentieth anniversary of the adoption of the Paris Peace
Agreements in 1991, which set in motion the peace process in Cambodia. The mandate of
the Special Rapporteur has its origins in these Agreements. It is commendable that
Cambodia has achieved significant milestones in a number of areas. However, it still has a
long way to go to fulfil its obligations under international human rights treaties ratified by
the country. The international community should continue assisting Cambodia in its efforts
to establish the rule of law and reconstruct State institutions.
The Special Rapporteur is particularly concerned by the state of various human
rights issues, and especially freedom of expression and land and housing rights. He is of the
view that the peaceful expression of opinion should not be dealt with under the Penal Code
as is currently the case with crimes such as defamation and disinformation. He is also
concerned about the narrowing of space for people, including those belonging to different
political parties, to express their views peacefully and without fear. He is particularly
concerned in this regard by the charges of incitement, defamation and dissemination of
information that have been brought against human rights defenders, land rights activists
and individuals of communities defending their land and housing rights in the face of
eviction.
Cambodia has enacted a number of laws designed to protect human rights, but it is
lagging behind in their implementation. Many of the laws passed by Parliament and its own
internal rules fall short of the standards required by the principle of the rule of law. What
prevails in Cambodia in a number of areas is rule by law rather than rule of law.
The present report focuses on an assessment of the independence and capacity of
Parliament as one of the State institutions responsible for upholding people’s rights.
Parliament in Cambodia has not been able to safeguard the freedom of speech of some of
GE.11-15363
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