A/HRC/4/36
page 22
IX. RECOMMENDATIONS
106. As deliberate and systemic violations of human rights have become central to the
Government’s hold over power, the international community, bound by obligations in the
Paris peace agreements, should do all it can to persuade and press the Government to
respect its human rights commitments under the agreements, international human rights
treaties and the Constitution of Cambodia. The Government on its part must declare
unequivocally to the international community and to the people of Cambodia its
obligations, legal and moral, to stop the abuse of rights and to respect the independence of
the judiciary and prosecutorial authorities.
107. The Special Representative reiterates his invitation to the Government to inform the
Human Rights Council about the concrete measures that it has taken and that it intends to
take to respond to the recommendations that he and his predecessors have made, and to
the recommendations of the treaty bodies and the international community through
resolutions of the General Assembly and the Commission on Human Rights.
108. The recommendations that follow include previous recommendations not addressed
in the body of this report. Together, they can be seen as constituting the minimal elements
of a plan of action for human rights in Cambodia:
The rule of law and protection of human rights and fundamental freedoms
− Adopt measures, as a matter of priority, to ensure the independence,
impartiality and effectiveness of the Constitutional Council, the Supreme
Council of the Magistracy and the judicial system as a whole; and allow citizens
effective access to these institutions to enforce their rights;
− Finalize, enact and implement the laws and codes that are essential components
of the rule of law in accordance with the Constitution and international
instruments;
− Uphold the right of all Cambodian citizens to undertake activities to promote
and protect human rights and fundamental freedoms by ensuring full respect for
the United Nations Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms;
− Fully protect freedoms of expression, peaceful assembly, and association in
accordance with the Constitution and international instruments. Ensure that
any new legislation complies with these instruments. Repeal provisions in the
law on defamation, disinformation and incitement. Ensure access to information
held by public authorities;
− Ensure that law enforcement officials disperse demonstrations and gatherings
only if absolutely necessary. Use force only as a last resort, in proportion to the
threat posed, with minimum damage or injury to persons and property;
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