A/HRC/18/46
84.
The Council should consist of the best legal and independent brains of the
country, drawn from among the retired Supreme Court judges, distinguished
professors of law and senior lawyers of the country.
85.
The practice of appointing to the Council people without a legal background
and without a long legal service to the nation and on the basis of their party political
affiliations should be discontinued.
4.
Parliament and the freedom of expression
86.
Parliament should review the new Penal Code with a view to ensuring its
compliance with the permissible limitation to freedom of expression under
international human rights law.
87.
Parliament should safeguard the right to freedom of expression of its own
members and protect their parliamentary immunity.
B.
Freedom of expression
88.
The judiciary should interpret the provisions of the Penal Code in line with
international human rights standards of freedom of expression. The Ministry of
Justice should call on the international community, including the Office of the United
Nations High Commissioner for Human Rights, to provide training for judges,
prosecutors and lawyers in this regard.
C.
Land and housing rights
89.
The Government is urged to examine the current trend of unresolved land
disputes in the country and address the alarming patterns of violence by facilitating
dialogue among potentially affected communities, local, provincial and national
authorities, and private enterprises.
90.
The Government should engage the people affected by land disputes in
meaningful consultation regarding adequate compensation, or adequate alternative
housing options, where applicable. Authorities should respect and protect the rights of
such people, including by ensuring that they are not subjected to excessive use of
force, harassment and intimidation, that they can exercise their right to peaceful
protest, and that defamation, disinformation and incitement charges are not brought
arbitrarily.
91.
The Government is advised to exercise greater transparency in economic land
concessions and other land deals involving Government officials or private
enterprises, and is encouraged to strengthen the capacity and independence of the
court system, the cadastral commissions, and the National Authority for Land Dispute
Resolution so that they may exercise accountability, impartiality and greater
efficiency in resolving disputes.
92.
The Government is urged to enforce the existing provisions of the 2001 Land
Law that prohibit interference with indigenous land and accelerate the pace of land
registration for indigenous peoples to obtain collective title; interim protection
measures should be implemented on all land where indigenous communities live until
the registration process is completed and titles obtained.
93.
When engaging in land deals either with the Government of Cambodia or other
land owners, foreign Governments and international business organizations should
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