A/HRC/12/41
page 3
I. INTRODUCTION
1.
This report is prepared pursuant to resolution 9/15 of the Human Rights Council, in which
it requested “the Secretary-General to report to the Council at its twelfth session on the role and
achievements of the Office of the United Nations High Commissioner for Human Rights
(OHCHR) in assisting the Government and the people of Cambodia in the promotion and
protection of human rights”.
2.
In the same resolution the Council welcomed efforts made by the Government of
Cambodia in promoting legal and judicial reform, in bringing to justice the leadership of the
Khmer Rouge, in combating corruption and trafficking in persons, in resolving issues of land
reform, in improving the situation in prisons and in pursuing the ratification of international
instruments, notably the Optional Protocol to the Convention against Torture. The resolution
further called for stepped-up action to strengthen the rule of law, including through the adoption
and implementation of essential laws and codes; to address the problem of impunity for recent
human rights violations, and enhance its efforts to investigate and prosecute all those who have
perpetrated violations of human rights; to ensure the independence, impartiality and
effectiveness of the judiciary; to continue to combat human trafficking, domestic violence and
sexual exploitation; to resolve equitably and expeditiously land ownership issues in accordance
with the Land Law; to foster an environment conducive to the conduct of legitimate political
activity, and to support the role of non-governmental organizations (NGOs) in order to reinforce
social and democratic development in Cambodia.
3.
The Council welcomed the extension on 1 November 2007, for 18 months, of the
memorandum of understanding between OHCHR and the Government and encouraged “both
parties to cooperate constructively with each other for further improvement of the situation of
human rights”. This extension was agreed to by the High Commissioner on the understanding
that a new agreement, better reflecting her mandate, would be considered through renewed
efforts to redevelop dialogue and cooperation. On 24 April 2009, the High Commissioner
submitted a new draft cooperation agreement to the Government for its consideration.
4.
In the past 18 months, OHCHR in Cambodia has stepped up its efforts to engage in
effective dialogue and cooperation with the Government. Building on its experience in the
country, it has developed initiatives with government institutions critical to the protection of
human rights. This has been done in a spirit of partnership whereby issues of human rights
concern are jointly assessed and discussed with the relevant authorities, solutions are explored,
and support is offered in the form of technical and other assistance to implement them. In doing
so, OHCHR has carried out its protection mandate as an integral part of its technical cooperation.
This approach, which is based on direct dialogue with government interlocutors, aims at building
working relationships with them based on mutual confidence and joint cooperation so that issues
of concern can be addressed in a constructive and effective manner. At the same time, OHCHR
has continued to draw public attention to certain issues of concern, when avenues for dialogue
were exhausted and insufficient to address the situation. The success of this approach requires an
honest commitment to recognizing issues and seeking practical solutions.
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