A/HRC/45/51
84.
During the reporting period, the Government participated in two treaty body reviews:
the Committee on the Elimination of Discrimination against Women,84 in October 2019, and
the Committee on the Elimination of Racial Discrimination,85 in November 2019.
85.
On 2 April 2019, Cambodia submitted its third periodic report to the Human Rights
Committee86. Its fourth to sixth combined periodic report 87 to the Committee on the Rights
of the Child is scheduled for review in 2020. The Government also submitted its report to the
Committee on Economic, Social and Cultural Rights in June 2020. 88 Dates of treaty body
sessions are yet to be confirmed, owing to travel restrictions occasioned by the COVID-19
pandemic. The Special Rapporteur encourages the Government to actively engage in treaty
monitoring processes, submit all overdue reports and prepare a plan for timely future
submissions.
86.
It is unfortunate that despite assurances, 89 the Government has not submitted an
updated common core document. The Special Rapporteur repeats her call to update the
common core document. The current core document dates to 1997, and Cambodia is now a
very different country, having developed considerably since the early period of the modern
constitutional era. An accurate common core document will ameliorate the work for the State
when preparing its periodic reports.
87.
The treaty body review process represents an opportunity for the Government to
engage in constructive discussions with independent experts on progress made and
challenges encountered in realizing the treaty obligations of Cambodia. Following each
review, the concluding observations should be translated into Khmer, publicly disseminated
and discussed in the country. This should be accompanied by inclusive and comprehensive
discussions across stakeholders who can assist in implementing the recommendations made,
as well as contributing towards follow-up90 and subsequent reports.
88.
The first reports of Cambodia to the Committee on the Rights of Persons with
Disabilities and to the Committee on Enforced Disappearances, both due in 2015, remain
outstanding. In addition, the response to the list of issues for the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment has also been overdue
since 2014. The failure to submit the response to the list of issues appears to result from the
task being assigned to the National Committee against Torture – the country’s national
preventative mechanism for torture through the royal decree. An independent mechanism
should not be tasked with reporting on behalf of the State. Completing the overdue reports
affords the State an opportunity to reflect on progress made and to identify opportunities to
better embed all interdependent, interrelated and indivisible rights and freedoms for all
Cambodian people in fulfilment of its treaty obligations.
89.
With increased engagement across United Nations human rights monitoring
mechanisms, it is an ideal time for Cambodia to consider preparing a comprehensive national
action plan for human rights, following the example of other countries in the region. This
could include a rolling schedule for treaty body and universal periodic review reports,
midterm updates, and the implementation of the National Human Rights Recommendations
Tracking Database. It should integrate the work to date on achieving the Sustainable
Development Goals. Further, it should strengthen the human rights dimension of the
Government’s Rectangular Strategy Phase IV, with a view to enabling the Government to
reflect on the best way to promote and protect all human rights in the country. A national
action plan would also provide a framework for constructive engagement with a wide range
of stakeholders, including civil society organizations. Such engagement is essential for
ensuring the implementation of accepted recommendations and concluding observations.
84
85
86
87
88
89
90
18
CEDAW/C/KHM/CO/6.
CERD/C/KHM/CO/14-17.
CCPR/C/KHM/3.
CRC/C/KHM/4-6.
E/C.12/KHM/2.
A/HRC/42/60, para. 11.
See, for example, CEDAW/C/KHM/CO/6, para. 55, requesting follow-up within two years.
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