A/HRC/18/46
concerning democracy and human rights is rather mechanical. As a result, despite the
plethora of institutions created to promote and protect human rights, many of them
have not been effective in performing their functions in an independent, impartial and
robust manner. Many of the commitments undertaken by the Government have not
been more than paper exercises. Therefore, what the Government of Cambodia needs
is a shift in its mindset, and political will to accelerate the process of democratization
and to associate democracy and human rights with human values that promote and
protect the dignity of all individuals and respect their freedom.
VII.
A.
1.
Recommendations
Parliament
General
64.
Cambodia needs to accelerate the process of democratization in the country.
There should be a genuine will and attempt at political reconciliation so that all
political actors enjoy equal opportunities to make their contribution to the country’s
political and economic development and parliamentary process. The right of all
parliamentarians, including minority as well as majority parties, to carry out their
duties should be fully respected.
65.
The Constitution of Cambodia makes it mandatory to hold a National Congress
once a year under the chairmanship of the King to enable the people to be directly
informed on various matters of national interest and to raise issues of concern to the
authorities of all three main organs of the State. This is a unique and innovative
provision of direct democracy which could constitute an appropriate forum for
achieving national political reconciliation, reviewing the progress made in promoting
and protecting human rights and for strengthening the sovereignty of the country.
Since the King is the guarantor of the Constitution, the monarch should be able to
receive people in audience and receive information from people from all walks of life.
However, no such National Congress has ever been held. It should be held every year
as mandated by the Constitution. For this, the organic law relating to National
Congress should be enacted without any delay.
2.
Strengthening the capacity and the workings of Parliament
66.
The Human Rights Commissions in Parliament should mainstream human
rights as a cross-cutting issue and work towards ensuring the compliance of domestic
laws with international human rights standards.
67.
The opposition parties should participate fully in the work of Parliament and
cooperate, in particular in the work of the Commissions of the National Assembly.
68.
The internal procedures of Parliament in general and the National Assembly in
particular should be revised to encourage equitable or proportionate sharing of power
and responsibility in parliamentary activities and especially in the leadership positions
in the various parliamentary Commissions.
69.
The procedure for removing parliamentary immunity and other disciplinary
actions against sitting Members of Parliament should be brought in line with the
principles of natural justice, constitutional standards and freedom of expression.
70.
The Government should increase the resources allocated to Parliament to
enhance the overall capacity of Parliament as an independent and effective institution
18
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