A/HRC/42/60
in May 2019, the Special Rapporteur has received information relating to an increase in the
number of people at the centre and also that a person, allegedly a drug user with a mental
disability who had been brought in by his family, had died at the centre and that his body
had been cremated prior to his family being notified and an external investigation into the
cause of death carried out. That raises serious concerns: any death in a closed centre should
be deemed suspicious and warrant an independent investigation by a competent authority,
such as a prosecutor.
49.
The Special Rapporteur recommends an independent investigation into this case and
that an in-depth review of the centre be carried out, including whether the centre should
continue to exist at all. If Prey Speu is to become a place of support for persons with
disabilities, it is essential that the Convention on the Rights of Persons with Disabilities,
ratified by Cambodia, is complied with. In terms of the Convention, the existence of a
disability shall in no case justify a deprivation of liberty and persons with disabilities
should be supported to live within communities rather than segregated. Conversely, if Prey
Speu is supposed to be a shelter for homeless persons, then its location should be
reconsidered and it should be moved closer to the centre of Phnom Penh. The people it is
supposed to assist and homeless people should be able to freely access and leave the shelter
of their own will. As currently set up, the centre continues to operate as a place of arbitrary
detention and should be closed.
B.
Participation and partnerships
50.
Everyone should be involved in the localization of the Sustainable Development
Goals and in monitoring their implementation. All stakeholders have roles not only as
change-enablers, but also as change-accelerators. Under target 17.17 of the Goals, States
should encourage and promote effective public, public-private and civil society
partnerships. Partnerships with civil society organizations are particularly relevant from a
human rights perspective, given the focus of such organizations on policy work and service
delivery, both of which can give voice to rights holders (especially the most marginalized
and underrepresented) in the implementation and monitoring of the Cambodian Sustainable
Development Goals. To use a soundbite, planning, implementation and monitoring should
be democratic, not bureaucratic.
51.
For participation to be meaningful there needs to be trust between civil society and
the Government, a space co-created for participation and appropriate resources provided to
enable it to happen. During her visit in November 2018, the Minister of the Interior
informed the Special Rapporteur about the creation under his leadership of the
Government-Civil Society Organizations Partnership Forum, set up with the aim of
consulting regularly with civil society. Two meetings have been held, one in June 2018 and
one January 2019. In January 2019, a consultative meeting was also organized with foreign
non-governmental organizations (NGOs) at the Ministry of Foreign Affairs and
International Cooperation, the first such meeting since the promulgation of the Law on
Associations and Non-Governmental Organizations. On 17 January 2019, the Minister of
the Interior announced that he had instructed the provincial administrations to organize
similar meetings with NGOs every six months. In February/March 2019, guidelines on the
provincial partnership dialogue were shared at a meeting organized by the Council for the
Development of Cambodia, as part of the Government’s Development Cooperation and
Partnership Strategy (2019–2023).
52.
The success of such forums will be judged on whether they are substantive
consultations that inform and influence legislation, policy and practice. It is crucial that
these processes are inclusive and that all civil society and non-governmental organizations
that wish to participate may be able to do so. Only then will Cambodia begin building a
more inclusive society with all voices heard in meaningful consultation and participation.
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