A/HRC/27/70
put into place one or more bodies to combat corruption effectively and “free from any
undue influence”. The current body under the executive branch of Government is in prima
facie contradiction of that requirement. The Special Rapporteur strongly recommends that
the Government seriously examine its obligations in relation to the independence of those
institutions with human rights responsibilities, in line with international standards, and take
immediate steps toward meeting them.
77.
Finally, the Special Rapporteur notes with concern that the draft cybercrimes law
shared informally with him envisages the establishment of a national anti-cybercrime
committee with none of the guarantees of independence. He regrets being unable to confirm
the validity of the text he saw, since the draft law has not been publicly released. In a
country where the use of social media is prevalent, the potential threats to freedom of
expression, association and peaceful assembly that could be posed by a body empowered to
prosecute alleged offenders of cybercrimes are evident.
III. Conclusions
78.
Cambodia stands at a crossroads. The Special Rapporteur has sensed the
optimism and desire for change in the country, which is possible if it is underpinned
by serious and comprehensive reforms of State institutions, as detailed in his previous
reports to the Human Rights Council. The Special Rapporteur has received positive
assurances that such reform will occur during his missions to the country and awaits
anxiously their translation into action. Change is coming to Cambodia faster than
many had anticipated. The challenge for the current political leadership within both
of the main political parties is to embrace change and to find a way to manage it in the
best interests of the country.
79.
The Special Rapporteur urges the Government to continue strengthening the
legal and institutional framework for human rights protection. He urges it to give
effect to the human right to participate in public affairs by pursuing such efforts in
open, participatory ways, giving due opportunity to the public to provide feedback
and due consideration to all views thus submitted.
80.
The recurring themes throughout the present report highlight the need for the
independence of the national structures to promote and protect human rights, as well
as greater transparency and participation in the way in which the country is
governed. Ways must be found to adapt the multiple reforms under way to those
needs. The year 2013 was the year in which the Cambodian people found their voice,
and the Special Rapporteur is convinced that Cambodia has embarked on a new path
from which there is no turning back.
IV.
Recommendations
81.
The Special Rapporteur recommends that the Government of Cambodia
undertake the following actions:
(a)
Examine his recommendations as contained in his present and previous
reports and respond to them, with a view to establishing a specific plan of
implementation;
(b)
Accelerate the process of establishing an independent national human
rights institution in full compliance with the principles relating to the status of
national institutions for the promotion and protection of human rights (the Paris
Principles;
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