A/HRC/15/46
review: the Penal Code in October 2009; the Law on Peaceful Demonstrations in October
2009; the Law on Expropriation in February 2010; and the Anticorruption Law in March
2010.
14.
The Government also issued a Circular on resolution of temporary settlements in
illegally occupied land in city and urban areas in May 2010 which addresses some of the
thorny issues associated with urban land evictions. Together with the Law on
Expropriation, this Circular could be regarded as constituting the beginning of a process to
implement the recommendation of various United Nations human rights bodies to adopt
national guidelines on eviction and resettlement.
15.
These laws are welcome developments. However, the Special Rapporteur noted
some concern amongst the civil society organizations and other stakeholders at not being
provided with an adequate opportunity to comment on the content of some of the draft laws
listed above prior to their adoption by the National Assembly. There were also concerns
expressed to the Special Rapporteur about insufficient opportunity for the parliamentarians,
especially those belonging to the opposition parties, to effectively debate and possibly
amend the bills before they were passed by the National Assembly.
16.
Cambodia underwent the universal periodic review (UPR) by the Human Rights
Council in 2009 (A/HRC/13/4). The willingness of the Government to further improve the
human rights situation and strengthen the independence of the judiciary was expressed in its
acceptance of all the 91 recommendations of the UPR. This was a welcome development.
In the opinion of the Special Rapporteur, this acceptance demonstrated the public
commitment of the Government to pursue its efforts to build a functioning system of the
rule of law guided by international human rights norms, which is an important factor in the
development of the country. The Special Rapporteur issued a press statement on 30 March
2010 welcoming the decision of the Government and encouraging it to engage major
stakeholders, including civil society organizations, in implementing the recommendations.
17.
During his missions, the Special Rapporteur observed that there remains a lack of
meaningful and regular dialogue between the Government and civil society organizations
for the promotion and protection of human rights. The Special Rapporteur pointed out the
benefits of working with civil society in his meeting of January 2010 with the Prime
Minister, who was receptive to the idea. Deliberations began amongst civil society
organizations on how best to approach the issue. The Special Rapporteur was impressed
that civil society leaders representing over 300 organizations participated in the discussions
in a spirit of cooperation and enthusiasm. He would like to thank them for their collective
endeavour to come up with a joint concrete proposal, which the Special Rapporteur
received and intends to forward to the Prime Minister as a working document for the
latter’s consideration.
18.
During his missions the Special Rapporteur was urged by the Government to interact
with a wider community of civil society organizations and not only with those critical of the
Government. The Special Rapporteur stated that he would welcome an opportunity to
interact with as many civil society organizations as possible representing different walks of
life and different aspects of human activity. He wrote to the President of the Cambodian
Human Rights Committee (CHRC), Om Yentieng, on 18 January 2010 to ask for advice on
civil society organizations or groups that the Government had in mind. The Special
Rapporteur also expressed his willingness, alternatively, to participate in a meeting
organized by the CHRC with these organizations if it was possible. The Special Rapporteur
was pleased by the proposal of the President of the Committee to organize a seminar for
judges and prosecutors during his next mission to the country on issues pertaining to the
judiciary. The Special Rapporteur welcomed such an opportunity.
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