A/HRC/18/47
and defeats the idea of training as a tool for professional development. The proposal for a
revised Decree seeks to address these concerns. It is hoped that improved terms of service
will contribute to the professionalization of prison staff, with positive repercussions on the
management of prisons and the treatment of prisoners. Under the auspices of the Prison
Reform Support programme, OHCHR further seeks to assist in developing a system for
professional prison staff training, while mainstreaming into the curriculum human rights
principles, gender issues and good prison practices respectful of human rights. OHCHR
developed a proposal for the new Sub-Decree on Prison Staff Recruitment, Selection and
Training. It also prepared a detailed syllabus for the initial training of prison staff as part of
a larger capacity-building effort. A one-year Training of Trainers programme was designed
for prison trainers, and funds were secured from OHCHR and AusAID to start in the
second semester of 2011.
11.
In collaboration with the International Labour Organization (ILO), OHCHR also
produced a briefing note on international law governing prison labour, including human
rights, labour and trade law, and brought to the attention of GDP and the wider Government
several pitfalls in developing prison industries. Prison workshops can provide prisoners
with work and rehabilitation opportunities, and can be a source of income generation for
both prisoners and the prison system. However, it is crucial for the export economy of
Cambodia that prison industries, in particular in the garment sector, comply with the State’s
international obligations in this area.
12.
Regular monitoring of prisons is an essential tool to ensure the promotion and
protection of prisoners’ rights. The OHCHR programme has continued to critically assess
conditions of detention and prisoners’ treatment, identifying local good practices for
promotion nationwide, and analysing specific problems in order to address them
systemically. It has also drawn the attention of the authorities to some individual cases.
OHCHR carried out visits in line with the internationally agreed standard visit
methodology, including unfettered access to prisons and prisoners, and reported
confidentially to the authorities. During the reporting period, OHCHR conducted four
initial visits to prisons in Ratanakiri, Kratie, Stung Treng and Pailin, as well as follow-up or
other visits to prisons in 10 provinces and the four national correctional centres, amounting
to coverage of about 80 per cent of the prison population countrywide. In addition to
interventions on individual cases, the OHCHR monitoring led to a number of follow-up
activities to help address the issues identified.
13.
One such issue relates to the need for better communication between the courts and
the prisons. Cambodia is faced with a pretrial population that increased from 26 per cent of
the entire prison population at the end of 2007 to 38 per cent as at end May 2011; a backlog
of cases at the Court of Appeal; and first instance courts that do not always share all
necessary documents with the prisons for the proper implementation of detention orders
and criminal sentences. In this context, it is crucial that prison management become more
proactive in following up with the courts and managing the prison registries to reduce and
prevent arbitrary detention. OHCHR supported GDP in carrying out a national census of
prisoners whose appeal was pending, through the design of data collection tools in
consultation with the Court of Appeal, training for relevant staff on managing prison
registries and on the guidelines for the census, and the processing of the collected data. The
results of the census (over 1,700 prisoners with appeals pending, with respect to over 2,300
cases) are being analysed and will be tabled later in 2011. OHCHR further promoted
increased access to legal aid for prisoners in Cambodia, through support to legal aid
organizations, the development of advocacy tools in Khmer, and preliminary discussions
with stakeholders involved in legal and judicial reform, the Bar Association of Cambodia
and legal-aid NGOs.
5
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