A/HRC/4/36
page 14
58.
Impunity for serious violations of human rights does not only affect the direct victims.
As the report notes, where party workers are killed before an election, this has an impact on the
freedom of the democratic process. Where a journalist or editor is murdered, or a newspaper’s
offices attacked, this limits freedom of the press and of expression. Where someone charged
with the criminal offence of human trafficking bribes a prosecutor or judge to drop the charges,
the court in effect condones the act. Where police instigate or facilitate a mob killing, and no
sanction is imposed, they become complicit in the crime. Where a union leader is killed and
those responsible remain at large, this threatens wider labour rights and freedom of association.
There is also impunity where corruption is unchecked or scarce medical resources are diverted
from the neediest without oversight and accountability, or where land is acquired in breach of the
law, and results in the dispossession of rural populations and the loss of basic livelihoods.
59.
The report also notes that impunity has other far-reaching effects insofar as it allows
official authority to be abused for personal enrichment or to maintain vested interests by
operating outside the law. It also results in the distorted allocation of economic resources,
further exacerbating existing inequalities and perpetuating poverty.
60.
The Government must take, and be seen to take, effective measures to end impunity. In
this context the Extraordinary Chambers represent a hope, which must not be squandered, of
breaking the pattern of impunity that has characterized Cambodia’s history in recent decades.
V. REHABILITATION AND RECONSTRUCTION OF CAMBODIA
WITH FULL RESPECT FOR HUMAN RIGHTS FOR ALL
61.
The Declaration on the Rehabilitation and Reconstruction of Cambodia, which was part
of the Paris peace agreements, provided that the primary objective of the reconstruction of
Cambodia should be “the advancement of the Cambodian nation and people, without
discrimination or prejudice, and with full respect for human rights and fundamental freedom for
all”. It also provided that economic aid should benefit all areas of Cambodia, especially the
more disadvantaged, and reach all levels of society. The peace agreements recognized the
centrality of human rights in promoting equitable and sustainable development in Cambodia.
62.
The National Strategic Development Plan 2006 to 2010 is the master development plan
for Cambodia, and all bilateral and multilateral aid is expected to be aligned and harmonized
with its priorities and principles. While it commits the Government to key principles such as
participation, non-discrimination and accountability, it does not include concrete measures to
translate these principles into practice. Nor does it emphasize the importance of human rights to
reducing poverty and achieving the Cambodian Millennium Development Goals. The
Government and its development-cooperation partners should acknowledge the central role of
human rights protection and promotion in securing political stability and socio-economic
development.
63.
Despite a decade of considerable economic growth and influx of aid, growth has been
largely confined to urban areas. Most of Cambodia’s population is clustered around the poverty
line; and it is estimated that 35 per cent subsist below this level. The World Bank’s report
Cambodia Poverty Assessment 2006 found that although poverty has been reduced, the
distribution of increased wealth shows a growing and alarming gap between the rich and the
poor. Landlessness is rising rapidly due to a mix of factors, including land grabbing,
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