A/HRC/18/46
58.
Although the Constitutional Council is not grounded within the system and
hierarchy of the judiciary or Parliament, it is the ultimate body responsible for reviewing
the constitutionality of the laws enacted by Parliament. This function of the Council is
judicial in nature and akin to the powers exercised in many other jurisdictions by the
supreme or constitutional court of a country. Therefore, the Council should consist of the
best independent legal brains of the country drawn from among the retired Supreme Court
judges, distinguished professors of law and senior lawyers of the country. The practice of
appointing to the Council people without a legal background and without a long legal
service to the nation and on the basis of their party political affiliations should be
discontinued.
VI.
Conclusions
59.
The Special Rapporteur on the situation of human rights in Cambodia has
enjoyed a good level of cooperation from the Government. The dialogue with the
Prime Minister and other senior Ministers has been candid but cordial and both sides
have agreed to continue their cooperation. The meetings that the Special Rapporteur
had with the President and Members of the National Assembly and Senate,
representatives of political parties and civil society representatives were fruitful. His
direct interaction with victims of human rights violations was helpful to understand
the weaknesses that still exist in the implementation of domestic laws and
international norms in the country.
60.
The Special Rapporteur is concerned about the narrowing of space for people,
including those belonging to different political parties, to express their views
peacefully and without fear. He is particularly concerned in this regard by the use of
the charge of incitement against human rights defenders. In his view, political actors
and civil society organizations should work towards creating an environment which is
conducive to the enjoyment of human rights by all and to economic development for
the benefit of all.
61.
Cambodia has come a long way since the conclusion of the Paris Peace
Agreements. There is a democratic constitution in place and a number of State
institutions have been established to protect and human rights. However, many of
these institutions have not been effective in upholding people’s rights. The judiciary
remains a weak institution. Political issues have been taken to court and members of
the opposition have been convicted of crimes which would not constitute crimes by
international democratic standards.
62.
What Parliament in general and the various specialized commissions in
particular have been able to achieve in Cambodia is commendable. The work of the
Human Rights Commissions of both houses of Parliament has been encouraging. All
in all, Cambodia has made a huge transformation, from a State in which the
institutional framework had all but been completely destroyed, to one whose lawmaking and institution-building processes are functioning. However, Cambodia has
not yet successfully entered the phase of implementing the laws enacted to promote
and protect human rights and to make its institutions independent, impartial and
robust.
63.
After focusing on economic, social and cultural rights such as food security and
development, the Cambodian society is now anxious to make rapid progress towards
implementing civil and political rights and issues such as freedom and justice, and
strengthening parliamentary culture. However, the Government is not fully geared up
to make a similar transition. The approach of the Government in relation to issues
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