A/HRC/33/62
of Discrimination against Women. According to the information provided to the Special
Rapporteur in March, the report to the Committee on the Elimination of Racial
Discrimination, the follow-up report to the Human Rights Committee and the responses to
the list of issues posed by the Committee against Torture should be submitted by the end of
2016. Meanwhile, the report to the Committee on Economic, Social and Cultural Rights is
scheduled for submission in mid-2017. The Special Rapporteur also learned that the
(optional) universal periodic review mid-term report is nearing completion and will be
submitted in 2016. The Special Rapporteur strongly recommends that the Government
develop a rolling timetable to ensure reporting requirements are met in a timely manner.
This is particularly important when different entities – many cross-ministerial – lead on
reports to treaty bodies. A clear timetable would also assist in ensuring involvement of civil
society and other stakeholders in the preparation of reports.
57.
Cambodia is a party to the Optional Protocol to the Convention against Torture. As
such, it is required to establish an independent national preventive mechanism that is
institutionally and financially independent of the Government. The current arrangement in
place is intragovernmental, and therefore lacks the independence required. The Special
Rapporteur was encouraged to learn from the Minister of the Interior that a ministerial
working group had been created and tasked with reviewing the situation, in accordance
with the Optional Protocol. She encourages relevant parties to take the opportunity to create
a truly independent structure involving members of civil society. Cambodia should also
consider publishing the two most recent reports of the Subcommittee on Prevention of
Torture.
58.
As at May 2016, the Memorandum of Understanding between the Government of
Cambodia and the United Nations on the field presence of OHCHR had not been signed.
Given the support provided by OHCHR to various government ministries and other
stakeholders, this has potential repercussions for the situation of human rights in Cambodia.
It is important that the Memorandum be concluded as soon as practicable.
X. Communications to the Government
59.
Between April 2015 and May 2016, four urgent appeals and five allegation letters
were communicated to the Government, most by special procedures. The subject matters
included housing, the freedoms of assembly, expression and association, arbitrary
detention, and human rights defenders (see A/HRC/30/27, A/HRC/31/79, A/HRC/32/53
and A/HRC/33/32). As at May 2016, no replies had been received. The Special Rapporteur
encourages the Government to respond to the communications in order to facilitate
understanding of the issues.
XI. Conclusions
60.
Cambodia has undergone a dramatic transformation since the mandate was
established. It is nonetheless clear that many recommendations made by previous
mandate holders have yet to be fully implemented. The current mandate holder
therefore finds herself reiterating the findings of her predecessors; indeed, most of the
recommendations made in the present report have already been raised directly in
discussions with government ministers. Others are relevant to communications and/or
reflect recommendations made by treaty bodies commenting on periodic reports
submitted by the State or supported by it during the universal periodic review. The
Government of Cambodia is encouraged to reflect on all the recommendations made.
Preparing a realistic timetable for responding to and addressing recommendations
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