A/HRC/15/46
laws into practice, in order to foster a culture of pluralism and tolerance and move
towards more inclusive, participatory and transparent decision-making processes on
issues which have a direct impact on people’s human rights. It is in these areas that
meaningful and constructive dialogue and cooperation would be needed among the
Government, the civil society, and the international community. State-society dialogue
is important in any country, at all stages of development, and in particular in a
country such as Cambodia which is recovering from the war and is still in a phase of
transition. The Government has made good progress in promoting and protecting
human rights in the country, but still has a long way to go to meet the international
benchmark in this regard.
65.
The Special Rapporteur was pleased to note that that the Government seems to
have the desire and the political will to reform the legal and judicial sector. It has been
a pleasure and a privilege for the Special Rapporteur to work with the Prime Minister
and other senior members of the State and civil society and he looks forward to
working with them to bring about tangible reform to the judicial system. Therefore,
the Special Rapporteur is encouraging the Government to push ahead with its legal
and judicial reform agenda by building on the accomplishments already made in
promoting and protecting human rights in the country.
VIII.
Recommendations
Steps to enhance the independence of the judiciary
66.
Cambodia should adopt and enact the Law on the Status of Judges and
Prosecutors and the Law on the Organization and Functioning of the Courts without
any delay. These laws should be designed to ensure the independence both of
institutions and of individuals in the judiciary as well as to take disciplinary action
against judicial malpractices, and corrupt and incompetent judges. The Constitution
requires the enactment of these laws which have not been in place for nearly 17 years.
These laws will contribute to safeguarding the tenure of judges and protecting the
terms and conditions of their service, based on a code of conduct for judges and
prosecutors.
67.
The new laws should ban active party political members from holding judicial
positions and ban judges and prosecutors from acting as advisers to party political
leaders or ministers. The judges and prosecutors may be members of a political party
prior to their appointment. However, when they are appointed to judicial positions
they should cease to be an active member of any political party or play any role in
party political activities.
68.
Judges and prosecutors should be adequately remunerated, required to work
full time and be banned from holding jobs outside the judiciary. Judges and
prosecutors should receive their salary and other allowances from a single source, i.e.
the Ministry of Justice. At present, judges are paid their basic salary from the
Ministry of Justice and a separate performance allowance from the Council of
Ministers. This practice is not conducive to judicial independence from the executive.
69.
The Supreme Court, and not the Ministry of Justice, should have overall
responsibility for supervising the lower courts.
70.
Prosecutors should not come under the control of the Ministry of Justice, but
under that of the SCM.
16
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