A/HRC/36/61
I. Introduction
1.
The present report is submitted by the Special Rapporteur on the situation of human
rights in Cambodia, Rhona Smith, in accordance with Human Rights Council resolution
30/23. During the year under review, the Special Rapporteur monitored the situation of
human rights in Cambodia, receiving information from various stakeholders, including the
Government, civil society organizations and private citizens. The Special Rapporteur
undertook one mission to Cambodia, from 9 to 19 October 2016. The present report
contains the findings from that mission and information on the current situation on human
rights.
2.
The Special Rapporteur is grateful to the Government for its cooperation during her
mission and its willingness to extend invitations for future visits. She notes, in particular,
that the Government has agreed to the dates of her next mission, which is scheduled to take
place from 8 to 18 August 2017.
3.
During the reporting period, the Special Rapporteur met with representatives of the
Government, civil society organizations, the United Nations country team and development
partners, among others. During her October mission, she had the privilege of meeting with
the Minister of Foreign Affairs and International Cooperation, Prak Sokhonn; the Minister
of Justice, Ang Vong Vathana; the Minister of Education, Youth and Sports, Hang Chuon
Naron; the Minister of Women’s Affairs, Ing Kantha Phavi; the Minister of Social Affairs,
Veterans and Youth Rehabilitation, Vong Sauth; and the Chair of the Cambodian Human
Rights Committee, Keo Remy, as well as other members of the Committee. She also met
with the Governor of Phnom Penh, Pa Socheatvong, and with the then acting leader of the
Cambodia National Rescue Party, Kem Sokha.
II. General situation of human rights in Cambodia
4.
In October 2016, many events were held to mark the twenty-fifth anniversary of the
signing, on 23 October 1991, of the Agreements on a Comprehensive Political Settlement
of the Cambodia Conflict (Paris Peace Agreements), which laid the foundation for presentday Cambodia, a State that has built on the peace and stability secured and become an
active member of the Association of Southeast Asian Nations (ASEAN), the United
Nations and other international organizations. Since the Paris Peace Agreements were
signed, recognition of international human rights standards has been an integral part of
Cambodian governance. Article 3 of the Paris Peace Agreements, concerning the
sovereignty, independence, territorial integrity and inviolability, neutrality and national
unity of Cambodia, proclaims that “all persons in Cambodia shall enjoy the rights and
freedoms in the Universal Declaration of Human Rights and other relevant human rights
instruments”. Article 31 of the Constitution reinforces that commitment to human rights, as
does the impressive range of human rights treaties Cambodia has voluntarily ratified.
However, many of the rights enshrined in the Constitution have not yet been fully realized
for all in Cambodia. Moreover, many of the recommendations accepted by the country in
the framework of the universal periodic review and many of the recommendations made by
the United Nations treaty bodies and special procedure mandate holders are pending
implementation. Nevertheless, it is noted that the memorandum of understanding between
the United Nations and Cambodia providing for the ongoing presence of the country office
of the Office of the United Nations High Commissioner on Human Rights (OHCHR) was
finally concluded in December 2016. This secures ongoing support for the Government in
realizing its human rights obligations.
5.
The political situation continues to have implications for the protection and
promotion of all human rights in the country. As reported orally to the Human Rights
Council at its thirty-third session, the murder on 10 July 2016 of prominent Cambodian
political analyst and social activist Kem Ley heightened tensions. Those tensions continued
until the end of the period under review and the commune/sangkat (local) elections of 4
June 2017. Preliminary reports from the authorities and observers indicate that those
elections appear to have been held without major incidents and in accordance with the law.
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