A/HRC/4/36
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7.
He was concerned that land grabbing continued to deprive the rural poor and indigenous
communities of their land and livelihoods. He recommended a moratorium on concessions and
land sales of indigenous lands until a clear policy and the necessary legislation were in place to
safeguard the rights of indigenous peoples. He hoped that the improved political climate would
translate into concrete measures to effect real and tangible change.
8.
Following his mission, he explained in a letter to the Prime Minister that the starting
point and framework for his engagement as Special Representative of the Secretary-General for
human rights in Cambodia rested firmly on Cambodia’s Constitution and the implementation of
the international human rights treaties to which Cambodia is party. He welcomed the
Government’s stated commitment to positive change, including in the area of human rights, and
brought his continuing concerns to the attention of the Prime Minister. He expressed his wish to
work constructively with the Government, and to benefit from the views and guidance of the
Prime Minister, whom he had not yet had the honour to meet, in the discharge of his mandate.
9.
He presented his report and recommendations to the Human Rights Council in
September 2006. In his statement to the Council, he expressed disappointment that few of his
own or his predecessors’ recommendations had been implemented, that human rights continued
to be violated on a systemic scale, and that this could not be explained away by poverty or
massive violations of human rights during the period of Democratic Kampuchea. He regretted
the ruling party’s dominance of the political sphere, the subversion of the Constitution and the
legal and judicial system, the entrenched corruption and the impact of illegal land grabbing on
the rural poor. He emphasized the responsibility of the international community to support the
people of Cambodia in their quest for justice and accountability. He stressed that he did not
underestimate the difficulties that countries face in the aftermath of war and conflict. He had
first visited Cambodia in 1992 and seen the state of the country at the time it was just emerging
from years of war and civil strife. He recognized the progress that had been made in rebuilding
Cambodia. However, 15 years after the signing of the peace agreements at the Paris Conference
on Cambodia in October 1991, most of the human rights provisions contained therein had not
been fulfilled.
10.
In the discharge of his mandate, the Special Representative has continued to closely
follow the situation in Cambodia and to be guided by the priorities of the Commission on Human
Rights resolution 2005/77. In this report the Special Representative has taken a longer-term
view, concentrating on problems of a systemic nature which must be tackled if Cambodia is to
flourish and its people are to have decent lives.
11.
With the year 2006 marking the fifteenth anniversary of the peace agreements, it is an
appropriate time to assess the fulfilment of their provisions. Each of the three documents
adopted by the Conference - the Agreement on a Comprehensive Political Settlement of the
Cambodia Conflict, the Agreement concerning the Sovereignty, Independence, Territorial
Integrity and Inviolability, Neutrality and National Unity of Cambodia, and the Declaration on
the Rehabilitation and Reconstruction of Cambodia - recognized the central importance of the
protection and promotion of human rights in establishing and maintaining peace and prosperity
for all Cambodians, and contained provisions for the promotion of human rights as well as
constitutional guarantees for their protection.
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