A/HRC/36/61
VIII. Reporting to the treaty bodies and participation in the
universal periodic review
65.
A number of periodic reports by Cambodia to the treaty bodies are overdue: the
report to be prepared on the basis of the list of issues prior to reporting on the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the
initial report on the International Convention for the Protection of All Persons from
Enforced Disappearance; the combined fourteenth and fifteenth periodic reports on the
International Convention on the Elimination of All Forms of Racial Discrimination; the
initial report on the Convention on the Rights of Persons with Disabilities, which was due
on 20 January 2015; and the combined fifth and sixth periodic reports on the International
Covenant on Economic, Social and Cultural Rights. The sixth periodic report on the
Convention on the Elimination of All Forms of Discrimination against Women is due on 1
October 2017 and, according to the information received from the Ministry of Women’s
Affairs, considerable progress had been made on it. The combined fourth to sixth periodic
reports on the Convention on the Rights of the Child is due on 13 May 2018. The
Government has decided not to submit the optional midterm report for the universal
periodic review, reversing an earlier decision (see A/HRC/33/62, para. 56). The new
President of the Cambodian Human Rights Committee explained to the Special Rapporteur
that the reversal was due to a change in the management of the Committee. The Special
Rapporteur suggests that Cambodia establish a schedule to ensure that reporting
requirements are met in a timely manner. As previously stated (see A/HRC/33/62, para.
57), Cambodia should also consider publishing the two most recent reports of the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment.
IX. Communications to the Government
66.
Between April 2016 and May 2017, there has been only one response (to KHM
4/2016) to the communications sent by the special procedure mandate holders to the
Government. During that time, five urgent appeals, two allegation letters and one other
letter were communicated to the Government. In addition, the Working Group on Arbitrary
Detention, at its seventy-seventh session, adopted an opinion finding the ongoing pretrial
detention of Ny Sokha, Nay Vanda, Yi Soksan, Lim Mony and Ny Chakrya arbitrary and
requesting the Government to ensure the immediate release of the detainees and to extend
to them a right to compensation. The Working Group found the deprivation of liberty of the
stated individuals to be in contravention of articles 7, 9-11 and 20 of the Universal
Declaration of Human Rights and of articles 9-10, 14, 22 and 26 of the International
Covenant on Civil and Political Rights (see A/HRC/WGAD/2016/45). The detention of the
above-mentioned individuals has also been the subject of three urgent appeals (KHM
1/2017, 6/2016 and 3/2016). Other communications dealt with issues related to freedom of
assembly and association (KHM 7/2016), freedom of opinion and expression (KHM
1/2017, 6/2016, 5/2016, 4/2016, 3/2016, 2/2016 and 1/2016), the environment (KHM
2/2016), arbitrary detention (KHM 1/2017, 6/2016 and 3/2016) and the protection of human
rights defenders (KHM 1/2017, 6/2016, 4/2016, 3/2016, 2/2016 and 1/2016). The Special
Rapporteur encourages the Government to engage more with the special procedures by
replying to their communications, in order to facilitate a better understanding of the various
situations and the Government’s views thereon. This should enable progress to be made on
resolving the issues raised in the communications and, where appropriate, ensuring redress.
X. Conclusions
67.
The progress made by Cambodia over the past 25 years is immense. The
country has been transformed economically, although extreme poverty remains and
the benefits of development have not been enjoyed equally by all Cambodians. The
reporting period has brought fresh evidence of the tensions in the country and a
reminder of the work that still needs to be done by the Government to strengthen the
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