A/HRC/4/36 page 6 12. In these agreements, the Cambodian authorities undertook to protect human rights and to ensure that the policies and practices of the past would never be repeated. Noting that Cambodia’s “tragic recent history requires special measures to ensure protection of human rights”, the agreements set out in detail the human rights provisions to be included in the new Constitution, which should contain a declaration of fundamental rights. These rights should be enforced by an independent judiciary, and “aggrieved individuals” should be able to enforce their rights before the courts. Adherence to international human rights instruments was also a core part of the agreements. 13. The agreements were intended to have a lasting effect, beyond the end of the transitional period. They provided for continual respect for and observance of human rights and fundamental freedoms; the right of all Cambodian citizens to undertake activities to promote and protect human rights and fundamental freedoms; effective measures to ensure that the policies and practices of the past are not allowed to return; adherence to international human rights instruments; the rehabilitation and reconstruction of Cambodia with full respect for human rights for all; and an undertaking of other signatories to promote and encourage respect for and observance of human rights and fundamental freedoms in Cambodia, as embodied in the international instruments. 14. The agreements gave the Commission on Human Rights a continuing mandate to monitor the human rights situation after the end of the transitional period, including by the appointment of a Special Rapporteur. Since 1993, the Secretary-General has appointed four special representatives for human rights in Cambodia, whom he has successively entrusted with maintaining contact with the Government and the people, and assisting the Government in the promotion and protection of human rights. The Commission on Human Rights and the General Assembly, in their resolutions on Cambodia supported and encouraged the Government to strengthen its efforts to further the observance of human rights and the rule of law. I. ADHERENCE TO INTERNATIONAL HUMAN RIGHTS INSTRUMENTS 15. Cambodia was already party to the International Convention on the Elimination of All Forms of Racial Discrimination when in 1992 it acceded to five of the remaining six core international human rights treaties. It has subsequently ratified the two optional protocols on children’s rights. It is not party to the second Optional Protocol to the International Covenant on Civil and Political Rights, although the Constitution does abolish the death penalty, and it has not accepted individual communications or inquiries under the treaties which provide for these procedures. 16. In November 2006, the National Assembly began the process of ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Cambodia signed in September 2005. Several additional international human rights instruments are incorporated into Cambodian law through article 74 of the UNTAC law. 17. Cambodia’s 1993 Constitution contains most basic guarantees of human rights. Through article 31 of the Constitution, the Universal Declaration of Human Rights and the human rights treaties were given the force of law. Article 48 specifically guarantees the protection of the rights of children, as enshrined in the Convention on the Rights of the Child.