A/HRC/13/4
land law, inter alia to determine ownership; apply the law through negotiations with the
rightful private owners to avoid litigation; and find solutions providing evictees with
appropriate compensation or relocation. Cambodia established a national authority for the
resolution of land disputes in 2006. The policy and legal framework for effective
implementation of the land law has been developed and approved by sub-decrees and the
draft policy on a land evaluation system. The Council of Ministers also recently announced
the creation of a working group to find satisfactory solutions for landowners and land
occupants prior to eviction.
55.
The land dispute resolution mechanism has so far resolved 1,400 cases. There are
continuous efforts to improve and implement land registration procedures for systematic
and sporadic titling. The delegation also reported progress in transparency and
accountability. Immediate challenges ahead were to curb further illegal land occupancy and
land concentration for unproductive purposes. Priority is given to people needing land for
building houses and for farming, taking account of the needs of vulnerable groups.
56.
Given the importance of land for social development in Cambodia, especially for
poverty reduction, the delegation acknowledged the challenges of land administration,
requiring a commitment in terms of human resources, time and financing.
57.
On freedom of expression, the delegation reiterated that Cambodians have largely
enjoyed this right. Citing article 19 (3) of the International Covenant on Civil and Political
Rights (ICCPR), it noted that Cambodia could accordingly impose restrictions on that right.
Cambodia appreciates the expression of all views, including criticism, which would
positively contribute to the promotion of democracy and human rights.
58.
In response to questions on the Extraordinary Chambers, Cambodia remarked that
they were the product of negotiations between Cambodia and the United Nations. The
Extraordinary Chambers are a Cambodian court with international participation, thus
contributing to the strengthening of the court system in Cambodia. Between January and
February 2009 a mutual understanding had been reached concerning the strengthening of
the structure and administration of the Extraordinary Chambers. It was hoped that it would
become a model court. The delegation noted that the first trial would close at the end of
2009 and the second case resume at the beginning of 2010.
59.
Denmark expressed concern at allegations of the use of torture and other forms of ill
treatment, long pre-trial detention and, as noted by the Committee against Torture, the
general atmosphere of impunity. It enquired about measures taken to address impunity and
the lead time for the establishment of an independent national preventive mechanism to
directly receive and investigate complaints of torture. Denmark made recommendations.
60.
Switzerland noted with concern forced and illegal evictions, as well as land
confiscation without adequate compensation. It considered corruption to be a major
obstacle to development. It applauded Cambodia’s judicial reform and measures taken to
fight impunity for past human rights violations. It referred to the issue of freedom of
expression and of the press and noted that the new criminal code still provides for offences
of defamation. Switzerland made recommendations.
61.
Australia acknowledged Cambodia’s advances in strengthening institutional capacity
and legal frameworks. It welcomed Cambodia’s commitment to strengthening the rule of
law and good governance. While welcoming also its commitment to freedom of expression,
Australia asked how Cambodia intended to apply this concept to civil society, media
representatives, political commentators and political figures. Acknowledging the
complexity of land issues, Australia made a recommendation.
62.
The Bolivarian Republic of Venezuela highlighted Cambodia’s efforts in poverty
reduction in rural zones and the Strategic Development Plan that has achieved sustained
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