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date: September 15 , 2008
document id: ALRC-COS-09-01-2008
HRC section: RRI Cambodia
An Oral Statement to the 9th Session of the UN Human Rights Council by the Asian Legal Resource Centre (ALRC), a non-governmental organization with general consultative status
CAMBODIA: The ongoing need of a strong human rights country mandate to monitor ongoing rights abuses
Thank you Mr. President,
The Asian Legal Resource Centre (ALRC) would like to take this opportunity to express its thanks for the work of the Special Representative, Professor Yash Ghai. The mandate and the mandate-holder have played a crucial role in any and all recent attempts at the improvement of human rights in Cambodia. Many human rights concerns remain, however, and the ALRC urges the Council to include these in the resolution it produces and to ensure a strong continuing country mandate ensuring regular visits to the country to monitor and report on rights issues there.
The Cambodian government has not honoured many of its international obligations, including those under the 1991 Paris Peace Agreements. The freedoms of assembly and association, due process, equality before the law, and protection from the arbitrary deprivation of property, have not been observed, respected or protected. Peaceful public demonstrations are practically banned. The press is under political control. Journalists and human rights defenders face threats, attacks and even death.
Land-grabbing is rife. In 2007, it affected more than 5,000 families who were forcibly evicted from their homes and land without just compensation. An estimated 150,000 Cambodians are currently at risk of such evictions.
All institutions of the rule of law remain under the control of the ruling Cambodian Peoplesˇ¦ Party. 99 percent of judges and prosecutors are members of this party. Impunity prevails as a result. A lack of viable national remedies for victims of abuse, combined with the countryˇ¦s lack of ratification of the First Optional Protocol to the ICCPR, engender the continuing necessity for a strong country mandate.
The government has made exaggerated claims of advances in human rights resulting from its actions, while repeatedly disregarding international recommendations on improving rights. It has instead mounted unjustified attacks on the Special Representative in response to his justified concerns, which any qualified, independent and self-respecting mandate-holder would have raised. The Council must demand greater cooperation from the Cambodian authorities.
Any attempts to weaken this mandate are not being pursued in good faith or being based on a realistic needs assessment, but rather stem from an attempt by the government to reduce much-needed monitoring of ongoing violations. There can be no doubt that a strong country mandate is still as necessary as it was at the time of the creation of the Paris Peace Agreements.
Webcast video:
http://webcast.un.org/ramgen/ondemand/conferences/unhrc/ninth/hrc080915pm-eng.rm?start=01:15:41&end=01:17:52
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About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.
Posted on 2008-09-18
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