A/HRC/15/46
interest and of time outlined above. The inclusion of a member of the executive branch may
also be questioned. The body was created to increase the capacity of the SCM to cope with
its responsibilities. Its creation therefore indicates that reform of the SCM needs to ensure
that the Council has increased capacity. If this is provided, the Assistance Team should be
disbanded.
28.
Currently the SCM has no specific powers to promote the appointment of women
within the judiciary. Currently approximately 10 per cent of the judiciary are women, with
about 35 women judges, including prosecutors, out of a total of around 350 judges. There is
one female member of the SCM: the Prosecutor-General of the Supreme Court, Chea
Leang, a member since 2009.
29.
In January 2006, the Committee on the Elimination of Discrimination against
Women (CEDAW), following its review of Cambodia’s report under the Convention,
recommended in its concluding comments (CEDAW/C/KHM/CO/3) that the Government
adopt “measures that will result in an increased number of women in elected and appointed
office, including the judiciary”. Such measures should include special measures to actively
promote women, training and awareness-raising. The reformed SCM could be given a
specific mandate to promote women within the judicial professions in line with this
recommendation.
V.
Problems in legal proceedings
30.
In spite of the constitutional guarantees and the existence of various institutions to
enhance and safeguard its independence, the Special Rapporteur is of the view that the
judiciary has not been working as effectively, independently and impartially as possible.
Therefore, he proposes to highlight the shortcomings in the judicial proceedings with the
help of case studies in two important human rights areas facing Cambodia today: housing
and land-related rights and freedom of expression. These examples illustrate wider
problems that exist in the country.
A.
Housing and land-related rights
31.
The issues associated with land rights disputes and evictions continue to dominate
the headlines in the media in Cambodia today. The manner in which land is managed and
used by the Government for various purposes continues to be a major problem. Landgrabbing by people in positions of power seems to be a common occurrence. Economic
land concessions leased to companies and other land transactions have severe consequences
for the rural and urban poor as well as for indigenous people.2 In 2009 alone at least 26
evictions displaced approximately 27,000 people in Cambodia. The 2001 Land Law does
provide a legal framework to deal with issues of land ownership, but there have been
problems in implementing this law properly. It is against this background that Resolution
12/25 of the Human Rights Council urged the Government to enhance its efforts to resolve
equitably and expeditiously land ownership issues in a fair and open manner, in accordance
with the 2001 Land Law, by strengthening the implementation of the law through the
development of national guidelines to clarify relevant procedures. The new Law on
Expropriation enacted in February 2010 and the Government Circular issued in December
2009 are positive developments in this direction. The Law on Expropriation provides some
2
8
As of May 2010, according to the Ministry of Agriculture’s public information, economic land
concessions had been granted to 85 companies covering a total land area of 956,690 ha. NGOs’
estimates are higher. See http://www.elc.maff.gov.kh/index.html
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