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 3