A/HRC/18/46 58. Although the Constitutional Council is not grounded within the system and hierarchy of the judiciary or Parliament, it is the ultimate body responsible for reviewing the constitutionality of the laws enacted by Parliament. This function of the Council is judicial in nature and akin to the powers exercised in many other jurisdictions by the supreme or constitutional court of a country. Therefore, the Council should consist of the best independent legal brains of the country drawn from among the retired Supreme Court judges, distinguished professors of law and senior lawyers of the country. 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. VI. Conclusions 59. The Special Rapporteur on the situation of human rights in Cambodia has enjoyed a good level of cooperation from the Government. The dialogue with the Prime Minister and other senior Ministers has been candid but cordial and both sides have agreed to continue their cooperation. The meetings that the Special Rapporteur had with the President and Members of the National Assembly and Senate, representatives of political parties and civil society representatives were fruitful. His direct interaction with victims of human rights violations was helpful to understand the weaknesses that still exist in the implementation of domestic laws and international norms in the country. 60. The Special Rapporteur is 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 use of the charge of incitement against human rights defenders. In his view, political actors and civil society organizations should work towards creating an environment which is conducive to the enjoyment of human rights by all and to economic development for the benefit of all. 61. Cambodia has come a long way since the conclusion of the Paris Peace Agreements. There is a democratic constitution in place and a number of State institutions have been established to protect and human rights. However, many of these institutions have not been effective in upholding people’s rights. The judiciary remains a weak institution. Political issues have been taken to court and members of the opposition have been convicted of crimes which would not constitute crimes by international democratic standards. 62. What Parliament in general and the various specialized commissions in particular have been able to achieve in Cambodia is commendable. The work of the Human Rights Commissions of both houses of Parliament has been encouraging. All in all, Cambodia has made a huge transformation, from a State in which the institutional framework had all but been completely destroyed, to one whose lawmaking and institution-building processes are functioning. However, Cambodia has not yet successfully entered the phase of implementing the laws enacted to promote and protect human rights and to make its institutions independent, impartial and robust. 63. After focusing on economic, social and cultural rights such as food security and development, the Cambodian society is now anxious to make rapid progress towards implementing civil and political rights and issues such as freedom and justice, and strengthening parliamentary culture. However, the Government is not fully geared up to make a similar transition. The approach of the Government in relation to issues 17