A/HRC/18/47
6.
The human rights situation in Cambodia however remains uneven, and in some
quarters is clearly regressing. The Government’s sensitivity to criticism, in particular on
human rights issues, stifled debate on issues of national importance. In line with its
mandate, OHCHR has long maintained an approach of raising human rights concerns
directly with duty bearers, with a view to preventing violations and seeking resolutions to
often complex situations. In its approach, OHCHR has built strong partnerships with many
parts of Government. In the relatively few cases where such dialogue is deemed exhausted
or proves ineffective, there may be a need to raise matters publicly. Such public advocacy is
an integral part of the mandate of the High Commissioner for Human Rights. In recent
years, however, authorities in Cambodia have reacted strongly and negatively to individuals
and institutions raising these challenges publicly, including the United Nations and donors.
In the case of OHCHR, the Government’s reaction to comments by the High
Commissioner’s Representative on matters of serious human rights concern during the
reporting period resulted in difficulties in cooperation, although a significant degree of
cooperation had resumed at the time of writing.
7.
In addition to freedom of expression, OHCHR has monitored disputes related to
land across Cambodia. Such disputes, the incidence of which appears to be increasing,
remain one of the principal sources of concern for the Government and large parts of the
population, and represent a major human rights challenge in the country. During the
reporting period, there were numerous occasions where affected communities, land activists
and human rights defenders voiced their concern over chronic land disputes through public
protest, demonstrating discontent with the current methods and mechanisms available for
resolving land disputes.
II.
Support to prison reform
8.
OHCHR has continued working collaboratively with the General Department of
Prison (GDP), the Ministry of Interior and its other partners in the Government,
development agencies and NGOs, to support prison reform in Cambodia. Support was
provided in the areas of legal reform, training of prison personnel, prison monitoring and
improving prison conditions and prisoners’ treatment, with a focus on water and sanitation.
9
A revised draft law on prisons was shared with OHCHR by the Ministry of Interior
at the end of 2010; the draft appeared to have taken into consideration some of the
comments previously provided by OHCHR, including attention to the specific needs of
women and juveniles, though other draft provisions still fell short of international human
rights standards, such as the absence of a clear framework governing the use of force in
prison (i.e. limited to situations where it was strictly necessary, and proportionate to the
situation). GDP invited OHCHR to continue to provide legal advice upon the future
adoption of the law on prisons, for the review of secondary legislation and prison
procedures, in line with the future law and international human rights standards. These, for
instance, include the new United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders, adopted by the General Assembly in
December 2010. The female prison population has been growing at a faster rate than the
overall prison population in Cambodia, and while accommodation separate from men is
provided in all prisons, the specific needs of women and girls in prison remain to be
adequately addressed.
10.
In consultation with the Ministry, OHCHR developed proposals for a revised Royal
Decree on the Separate Status of Prison Staff. The current Royal Decree provides that
prison officers are recruited in the second-lowest civil servant category and does not
provide for any mechanism for promotion to a higher category. This acts as a disincentive
to apply for jobs as prison officers, undermines the motivation of staff already employed,
4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents