A/HRC/18/46
inclusive of civil society. The Special Rapporteur encourages the Government and civil
society to pursue dialogue with a view to establishing a regular consultation mechanism.
D.
Draft trade union law
32.
The Ministry of Labour is currently drafting a trade unions law and reviewing its
compatibility with international standards on labour and human rights. However, the
Special Rapporteur is concerned about limitations on the freedom of expression and
assembly of trade union members. During the reporting period, trade union leaders had
faced reprisals such as threats, charges of incitement of the commission of a crime (charges
were subsequently dropped upon the request of the Prime Minister) and suspension from
work. The Special Rapporteur encourages the Government to conduct inclusive
consultations with the concerned parties on the draft law.
E.
Extraordinary Chambers in the Courts of Cambodia
33.
The Extraordinary Chambers in the Courts of Cambodia made significant
achievements during the reporting period. Following the landmark conviction of Kaing
Guek Eav, alias “Duch”, in July 2010, the Court has advanced its second case - against
Nuon Chea, Ieng Sary, Ieng Thirith and Khieu Samphan (Case 002). The case was sent to
trial in January 2011. An initial hearing was held in June 2011, and the trial is slated to
begin in the latter half of 2011. At the same time, the Supreme Court Chamber of the
tribunal has been considering the appeals in the case of Duch. The Chamber heard
submissions from the co-prosecutors and the defence in March 2011. It is anticipated that
the Chamber will issue its verdict in the coming months.
34.
The Court’s activities in this regard continue to set an important example for the
national sector of the administration of justice in accordance with international fair trial
standards. In particular, the progress in Case 002 is commendable. In addition, the Court
continues to open its doors to the Cambodian public for study tours about its work, and it
received 32,000 visitors in 2010 alone. At the same time, the Victims Support Section
continues to hold regional public forums throughout Cambodia, with forums being held in
Battambang, Kampot and Kampong Chhnang during the reporting period. At the time of
writing, Cases 003 and 004 remained uncertain.
35.
In December 2010, the Special Rapporteur wrote to the Prime Minister on the
importance of the Extraordinary Chambers in the Courts of Cambodia setting an example to
the international community of the country’s commitment to ensuring accountability for
past atrocities, to protecting human rights, and to upholding the independence of the
judiciary and the rule of law. He reiterated his hopes that the trials at the Extraordinary
Chambers would have a positive impact on strengthening the independence of the judiciary,
and serve as a catalyst for the Government to address impunity and accelerate its legal and
judicial reforms.
IV.
A.
The role and effectiveness of Parliament in protecting human
rights
General structure of Parliament
36.
Cambodia has a bicameral parliament consisting of the Senate and the National
Assembly. There are 123 seats in the National Assembly and 61 in the Senate. The term of
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