A/HRC/42/60
jeopardize security, safety and public order”. The Special Rapporteur recommends that the
Law on Peaceful Demonstration be applied and that peaceful assemblies be normalized,
thereby strengthening the participation of civil society and enabling marginalized or
vulnerable groups to voice their concerns.
C.
Accountability
57.
The focus in Sustainable Development Goal 16 on peace, justice and strong
institutions emphasizes that Governments should be accountable to people and to other
States in relation to all the Sustainable Development Goals, just as they are with human
rights. Accountability is a goal in itself, as well as a principle which should apply across all
the Goals. Accountability requires strong institutions that operate in a transparent manner
and are open to public scrutiny on how they deliver on the Goals.
58.
In that regard, significant attention needs to be paid to combating corruption. The
Government notes that based on people’s complaints and many requests, both from civil
society organizations and from within the Government, anti-corruption work is considered
as one of the priority targets and it should thus be reflected in the Cambodian Sustainable
Development Goals. In its Corruption Perceptions Index for 2018, Transparency
International ranked Cambodia at 161 out of 180 countries with a score of 20 out of 100, so
combating corruption should be a priority in implementing the Cambodian Goals.
Corruption in judicial institutions is particularly important to address in this regard. The
judiciary has faced challenges, including allegations of corruption and bribery, as well as
executive interference in its work, and a resulting lack of public trust in it. 17 In that regard,
the Special Rapporteur notes that there has been no action on the judicial integrity study
identified in the joint monitoring indicators for 2016–2018. Such a survey would provide an
opportunity to understand in detail the issue of judicial integrity and the obstacles to greater
transparency and the effective operation of judicial institutions.
59.
That is important, given that judicial institutions are themselves key to ensuring
accountability in society and have an important role when it comes to prosecutions related
to corruption. Confidence in the State and State mechanisms can drop when there is no or
only limited access to remedies and instruments of accountability. The Special Rapporteur
recommends that the Government include the judicial integrity study in the joint monitoring
indicators for the period 2019–2023 and that the Ministry of Justice move forward on the
study as soon as possible. She also recommends that the Government revise the targets and
indicators of the Cambodian Sustainable Development Goals to enable clear measurement
of progress towards combating corruption, in public institutions in particular. On a related
point, the Special Rapporteur was pleased to learn from the Ministry of Justice that all
courts now prominently display the fees they are allowed to charge for services. She
encourages the Ministry to keep these displays updated and in prominent view.
60.
The Special Rapporteur notes that an important element in combating corruption and
promoting transparent, accountable and efficient institutions is through open debate in
various media. Respect for press freedoms is fundamental in that regard, yet Cambodia
scores increasingly poorly on press freedom indices with the range of laws, such as the
prakas (regulation) on social media and the lèse-majesté provision in the Criminal Code
referred to above, deployed to prosecute expression.18 Charges against two former Radio
Free Asia journalists remain.19 The Special Rapporteur is also concerned that restrictions on
media affect not only press freedom but social accountability more generally. Strong nonState institutions, in particular civil society, trade unions and the media, are needed to
17
18
19
See CCPR/C/KHM/CO/2, para. 20; CERD/C/KHM/CO/8-13, para. 13; CAT/C/KHM/CO/2, paras.
12–13; CEDAW/C/KHM/CO/4-5, para. 20; E/C.12/KHM/CO/1, para. 14; and
CRC/C/OPSC/KHM/CO/1, paras. 22–23.
Reporters without Borders, World Press Freedom Index 2019 ranks Cambodia 143 out of 180
countries.
Oral update September 2018.
15
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