A/HRC/18/47
Buddhist monk was harassed by local and religious authorities for his peaceful advocacy
for resolutions of land disputes; a series of four cases in which the alleged distribution of
“anti-government” leaflets resulted in charges of disinformation and incitement against 17
people, 12 of whom remain in prison; and the case of Boeung Kak community members
arrested for protesting in relation to a land dispute in front of the Phnom Penh Municipal
Hall. OHCHR identified a trend of increasing legal actions against trade unionists and
workers and investigated threats against trade union leaders who participated in a strike by
garment workers in September 2010. As a result of their participation in the strike, a
number of trade union members had charges of incitement filed against them, which were
later dropped upon the Prime Minister’s request. Over 600 union members were suspended
from work, and not all have been reinstated.
28.
Another form of protection work undertaken by OHCHR consisted of monthly visits
to the Prey Speu Social Affairs Centre outside of Phnom Penh. Although there remain
serious concerns over how individuals (including children, the mentally ill and homeless)
are detained in these centres without judicial supervision, OHCHR has noted reductions in
allegations of ill-treatment at the Centre since monitoring began. Building on this
experience, OHCHR, the United Nations Children’s Fund (UNICEF) and the Ministry of
Social Affairs, Veterans and Youth undertook an assessment, completed in June 2011, of
social affairs, drug treatment and youth centres countrywide with a view to providing a firm
factual basis for future interventions.
29.
In December 2010, the Government released a draft law on associations and nongovernmental organizations, which has been on its legislative agenda since 2008. A
stakeholders’ consultation organized by the Government in December 2010 allowed civil
society to raise concerns over the law’s potential impact on the ability of Cambodian and
foreign NGOs to operate freely and efficiently, such as the mandatory registration regime
and a lack of an appeal process. A second draft released in March 2011 included new
positive and negative elements. OHCHR welcomed the fact that community-based
organisations were no longer covered under the draft law, but reiterated concerns about the
mandatory registration regime, the lack of an appeals mechanism in the registration process
and the vagueness in many of the key terms used. Since then, a coalition of almost 600
NGOs has called for major revisions of the draft, which they see as “unacceptable”. The
donor community has also expressed concern. OHCHR provided the Government with
three briefs containing technical advice on the compatibility of the draft law with
Cambodia’s human rights obligations. A draft law on trade unions also raised freedom of
association and assembly concerns on the part of trade unions themselves. Both draft laws
were under review by relevant Government ministries at the time of writing.
IV.
Land and housing rights
30.
Under its Land and Housing Rights Programme, OHCHR works with all
stakeholders to monitor, promote and implement the right to adequate housing and an
adequate standard of living, prevent forced eviction, and realize security of tenure. Through
the Programme’s monitoring component, OHCHR intervenes in relation to threats to, and
harassment, and criminalization of communities and individuals claiming their rights to
land and housing and other human rights defenders. OHCHR works with the Government,
civil society organizations, private companies, communities, United Nations agencies and
multilateral and bilateral development actors to strengthen the legal framework protecting
land ownership and housing rights, and improve their effective and fair implementation.
31.
The Programme’s activities take place in a context of ongoing and widespread
historical land disputes, persistent land grabbing by powerful individuals or groups,
economic land concessions (ELCs) for primarily agro-industrial purposes (such as rubber
9
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