A/HRC/15/46
I.
Introduction
1.
The present report is submitted in accordance with decision 12/25 of 12 October
2009 of the Human Rights Council. The Special Rapporteur undertook two missions to
Cambodia in 2010, from 17 to 30 January and from 8 to 18 June. He is grateful to the
Government for extending its cooperation during his mission and demonstrating its
willingness to work with him in a constructive manner.
2.
After his first mission, the Special Rapporteur proposed that he look into the
workings and effectiveness of State institutions responsible for promoting and protecting
human rights, and the Government agreed. The Special Rapporteur first began to examine
the judiciary and its ability to deliver justice and command the respect, trust and confidence
of the people. It is against this backdrop that this report focuses on the judiciary and makes
recommendations to enhance its stature, capacity and independence.
3.
The Special Rapporteur would like to state at the outset that the political leaders of
Cambodia have provided the political stability needed in the country and led impressive
economic growth over many years. Cambodia has also made some progress in improving
the system of justice and enhancing both the independence and capacity of the judiciary.
The Special Rapporteur is aware of the unique challenges faced by the judiciary in
reconstructing itself after the country’s tragic past in which much was destroyed. He
welcomes the adoption, since he began his work in the country, of important laws – among
others, the Penal Code, the law on demonstrations and the anti-corruption law – designed to
strengthen the system of justice.
4.
The Special Rapporteur was made aware of the reform programme of the legal and
judicial sector and noted with satisfaction some of the progress made in this regard. He
appreciates the increase in funding by the Government for the judiciary. The Special
Rapporteur takes satisfaction in the fact that the Government is receptive to ideas and is
willing to work with people and institutions which engage in a constructive manner. The
Government has been receptive to some of the Special Rapporteur’s suggestions, including
strengthening the regulatory framework pertaining to eviction and resettlement, making the
law-making process more transparent by sharing draft legislation which has an impact on
human rights issues with the wider community, and exploring avenues for a Government
and civil society mechanism to foster an environment of cooperation to strengthen
democracy and human rights. The Special Rapporteur is hopeful that this spirit of
constructive cooperation and dialogue with the Government will continue.
5.
During his first mission in January 2010, the Special Rapporteur had the privilege of
meeting with the Prime Minister, Hun Sen, and reached an understanding on the areas of
focus for the Special Rapporteur’s future work. The Special Rapporteur was unable to meet
the Prime Minister during his mission in June 2010 due to the latter’s illness at the time and
wrote to him to wish him well.
6.
The Special Rapporteur was privileged to have been granted an audience by King
Norodom Sihamoni during his third mission. During both of his missions in 2010, the
Special Rapporteur had the opportunity to meet with senior members of the Government,
members of the National Assembly and the judiciary, civil society representatives, as well
as the United Nations country team, diplomats based in the country and private citizens.
7.
During his missions the Special Rapporteur identified a number of shortcomings in
the functioning of the judiciary and has made recommendations to address them in the
concluding section of this report. In his opinion, the poor, weak and marginalized, including
those involved in land disputes, seem to have difficulty in obtaining justice from the
judiciary and seem to be knocking on every other possible door, including that of the Prime
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