A/HRC/4/36
page 20
91.
The Government of Cambodia has produced successive reform plans which speak of
governance, Millennium Development Goals, sustainable development, poverty reduction, rule
of law and legal and judicial reform. It is, however, largely silent on the central issues raised in
this and in previous reports of special representatives. That many reform plans have not been
implemented and that progress has been less than expected is often attributed to continued weak
institutional capacity, lack of coordination among donors, too many competing demands on
fragile government institutions, and a lack of qualified people, a legacy of the Khmer Rouge
period.
92.
While these may have some validity, the Special Representative has concluded that in
reality those holding economic and political power are reluctant to support genuine reform when
they benefit from and rely on their control over State institutions to remain in power.
93.
It is clear that technical cooperation, training and capacity building alone will not work
without addressing the underlying problems and without a firm demand for accountability. The
use of systemic human rights violations has been a rational choice for those who hold power in
Cambodia, and who refuse to accept accountability vis-à-vis the law and the people of
Cambodia. Different choices might be possible if the costs of repression were to be seen as
being greater than their immediate benefits.
94.
As evidence from Cambodia’s recent history and elsewhere indicates, repression,
intimidation and extortion can create preconditions for serious counter violence. The
Prime Minister has himself recognized this, for example, in his statements on land grabbing.
95.
The reports and recommendations of the special representatives, the resolutions of the
Commission on Human Rights and the General Assembly and the concluding observations and
recommendations of the human rights treaty bodies should all be an integral part of the dialogue
between the Government and donor agencies. And Cambodia’s neighbours and influential
Governments in the Asian region, especially those providing significant development assistance
and loans to the Government, should be far more active in discharging their responsibilities
towards Cambodia and its people.
VIII. CONCLUSIONS
96.
With the end of civil conflict, overall security has improved in Cambodia. Yet, the
absence of effective institutions of government, basic laws and an impartial judiciary,
accompanied by continuing impunity and threats against those who criticize the status quo,
increasing landlessness and growing numbers of displaced persons all leave Cambodia’s citizens
insecure, vulnerable to systemic denial and violations of their rights, and exposed to
well-established methods for maintaining the existing economic and political order. Few of the
problems Cambodia faces today are unique: entrenched corruption at the highest level; a system
based on patronage; pillaging of natural resources; divide-and-rule tactics; use of the State
structure to undermine the political opposition; and enrichment of the few to the neglect of the
many.
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