A/HRC/42/60
European Union of the country’s enjoyment of its “everything but arms” preferential trade
scheme for the least developed countries, and of the negative impact any possible
suspension would have on economic and social rights in Cambodia. The Special Rapporteur
recommends a change in the political culture to one that focuses on issues rather than
persons. That, together with stronger judicial protection of the freedoms of assembly and
expression, would help overcome the challenges of the current political situation for the
benefit of all Cambodians.
B.
Treaty body reporting and the universal periodic review
11.
The Special Rapporteur is pleased to report that Cambodia has made progress with
submitting due and overdue reports to the treaty bodies. Moreover, the Cambodian Human
Rights Committee has indicated a willingness to review and update the country’s 1997
common core document.
12.
Cambodia is scheduled to be reviewed by the Committee on the Elimination of
Discrimination against Women and the Committee on the Elimination of Racial
Discrimination later in 2019 (see CEDAW/C/KHM/6 and CERD/C/KHM/14-17). The
Special Rapporteur understands that the combined fifth and sixth report on the International
Covenant on Economic, Social and Cultural Rights will be submitted shortly. The report to
the Committee on the Rights of Persons with Disabilities is also under preparation.
13.
Cambodia participated in the third cycle of the universal periodic review and was
reviewed at the thirty-second session of the Working Group in January 2019 (see
A/HRC/41/17). Of the recommendations made, 173 have been accepted and 25 noted.
Attention must now turn to implementation of and follow-up to the recommendations that
Cambodia accepted. They include several areas in which special procedures mandate
holders and treaty bodies have also made recommendations and that are otherwise covered
in the present report.
14.
Communications from special procedures mandate holders during the year under
review are reported on in four documents (A/HRC/38/54, A/HRC/39/27, A/HRC/40/79 and
A/HRC/41/56). The Special Rapporteur welcomes the fact that the Government has
responded to some of these; however, she is not satisfied that the Government has taken
sufficient action to rectify the issues raised in the communications.
15.
The Special Rapporteur encourages the Government to update the common core
document, submit all overdue reports and prepare a rolling schedule for both timely future
submissions and consultation and responses to recommendations made and accepted.
C.
Extraordinary Chambers in the Courts of Cambodia
16.
No new cases have been initiated. The Trial Chamber gave its judgment in case
002/02 concerning Chea Nuon (now deceased) and Samphan Khieu in November 2018.
The full judgment, available in March 2019, is the longest issued by the court and both
accused persons were sentenced to life in prison. Of particular note, given the emphasis in
the present report on marginalized and vulnerable groups, is the fact that the Trial Chamber
found that the crime of genocide and the crimes against humanity of murder, extermination,
imprisonment, torture, persecution on political and religious grounds and other inhumane
acts through conduct characterized as forced transfer were committed with respect to the
Cham/Khmer Islam. The Chamber also found that there was a nationwide policy to expel
people of Vietnamese ethnicity living in Cambodia, with others being killed, tortured and
mistreated. A crime against humanity by persecution for religious beliefs was committed
against Buddhists. Another notable feature of the judgment was the recognition that the
crime against humanity of other inhumane acts was committed through conduct
characterized as forced marriage and rape in the context of forced marriage. That is notable
not only in Cambodia but elsewhere as a contribution to jurisprudence on sexual oppression
and violence.
5
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