36/61 Report of the Special Rapporteur on the situation of human rights in Cambodia

GE.17-12817(E)



Human Rights Council Thirty-sixth session

11-29 September 2017

Agenda item 10

Technical assistance and capacity-building

Report of the Special Rapporteur on the situation of human rights in Cambodia

Note by the Secretariat

The Secretariat has the honour to transmit to the Human Rights Council the report of

the Special Rapporteur on the situation of human rights in Cambodia, Rhona Smith,

prepared pursuant to Council resolution 30/23. During the year under review, the Special

Rapporteur monitored the situation of human rights in Cambodia, receiving information

from different stakeholders, including the Government, civil society organizations and

private individuals. The Special Rapporteur undertook one mission to Cambodia, from 9 to

19 October 2016.

Although there have been encouraging signs of progress in some areas of human

rights, the general situation has been characterized by political tensions. Initial reports have

suggested that the local elections of 4 June 2017 were carried out in a peaceful, efficient

and transparent manner, with a high voter turnout. The national strategic plans and policies

for achieving the Sustainable Development Goals are being prepared and should provide a

framework for making progress in terms of implementing many civil, cultural, economic,

political and social rights in the country and for measuring that progress.

United Nations A/HRC/36/61

Report of the Special Rapporteur on the situation of human rights in Cambodia

Contents

Page

I. Introduction ................................................................................................................................... 3

II. General situation of human rights in Cambodia ............................................................................ 3

III. Vulnerable groups and discrimination........................................................................................... 5

A. Persons in street situations .................................................................................................... 5

B. Prisoners ............................................................................................................................... 7

C. Indigenous peoples ............................................................................................................... 8

D. Minorities .............................................................................................................................. 8

E. Women.................................................................................................................................. 10

F. Children ................................................................................................................................ 11

G. Persons with disabilities........................................................................................................ 11

IV. Democratic space .......................................................................................................................... 12

V. Land rights and housing ................................................................................................................ 13

VI. Administration of justice ............................................................................................................... 14

VII. Participation in the political process ............................................................................................. 15

VIII. Reporting to the treaty bodies and participation in the universal periodic review ........................ 16

IX. Communications to the Government ............................................................................................. 16

X. Conclusions ................................................................................................................................... 16

XI. Recommendations ......................................................................................................................... 17

I. Introduction

1. The present report is submitted by the Special Rapporteur on the situation of human

rights in Cambodia, Rhona Smith, in accordance with Human Rights Council resolution

30/23. During the year under review, the Special Rapporteur monitored the situation of

human rights in Cambodia, receiving information from various stakeholders, including the

Government, civil society organizations and private citizens. The Special Rapporteur

undertook one mission to Cambodia, from 9 to 19 October 2016. The present report

contains the findings from that mission and information on the current situation on human

rights.

2. The Special Rapporteur is grateful to the Government for its cooperation during her

mission and its willingness to extend invitations for future visits. She notes, in particular,

that the Government has agreed to the dates of her next mission, which is scheduled to take

place from 8 to 18 August 2017.

3. During the reporting period, the Special Rapporteur met with representatives of the

Government, civil society organizations, the United Nations country team and development

partners, among others. During her October mission, she had the privilege of meeting with

the Minister of Foreign Affairs and International Cooperation, Prak Sokhonn; the Minister

of Justice, Ang Vong Vathana; the Minister of Education, Youth and Sports, Hang Chuon

Naron; the Minister of Women’s Affairs, Ing Kantha Phavi; the Minister of Social Affairs,

Veterans and Youth Rehabilitation, Vong Sauth; and the Chair of the Cambodian Human

Rights Committee, Keo Remy, as well as other members of the Committee. She also met

with the Governor of Phnom Penh, Pa Socheatvong, and with the then acting leader of the

Cambodia National Rescue Party, Kem Sokha.

II. General situation of human rights in Cambodia

4. In October 2016, many events were held to mark the twenty-fifth anniversary of the

signing, on 23 October 1991, of the Agreements on a Comprehensive Political Settlement

of the Cambodia Conflict (Paris Peace Agreements), which laid the foundation for present-

day Cambodia, a State that has built on the peace and stability secured and become an

active member of the Association of Southeast Asian Nations (ASEAN), the United

Nations and other international organizations. Since the Paris Peace Agreements were

signed, recognition of international human rights standards has been an integral part of

Cambodian governance. Article 3 of the Paris Peace Agreements, concerning the

sovereignty, independence, territorial integrity and inviolability, neutrality and national

unity of Cambodia, proclaims that “all persons in Cambodia shall enjoy the rights and

freedoms in the Universal Declaration of Human Rights and other relevant human rights

instruments”. Article 31 of the Constitution reinforces that commitment to human rights, as

does the impressive range of human rights treaties Cambodia has voluntarily ratified.

However, many of the rights enshrined in the Constitution have not yet been fully realized

for all in Cambodia. Moreover, many of the recommendations accepted by the country in

the framework of the universal periodic review and many of the recommendations made by

the United Nations treaty bodies and special procedure mandate holders are pending

implementation. Nevertheless, it is noted that the memorandum of understanding between

the United Nations and Cambodia providing for the ongoing presence of the country office

of the Office of the United Nations High Commissioner on Human Rights (OHCHR) was

finally concluded in December 2016. This secures ongoing support for the Government in

realizing its human rights obligations.

5. The political situation continues to have implications for the protection and

promotion of all human rights in the country. As reported orally to the Human Rights

Council at its thirty-third session, the murder on 10 July 2016 of prominent Cambodian

political analyst and social activist Kem Ley heightened tensions. Those tensions continued

until the end of the period under review and the commune/sangkat (local) elections of 4

June 2017. Preliminary reports from the authorities and observers indicate that those

elections appear to have been held without major incidents and in accordance with the law.

The political situation was dominated by those local elections and by preparations for the

2018 general election, which appear to have had a negative impact on the perception and

actual realization of human rights in the country. However, free and fair elections held in

accordance with the Constitution and the exercise of rights to political and public

participation play a crucial role in promoting democratic governance and the rule of law

and in advancing all human rights.

6. Relations between the Cambodian People’s Party, the ruling party, and the

Cambodia National Rescue Party (CNRP), the largest opposition party, remain tense. Since

the previous report of the Special Rapporteur (see A/HRC/33/62, para. 7), several senior

members of CNRP, including members of parliament whose parliamentary immunity was

revoked, have had additional charges brought against them or been the subject of

convictions and sentences. The former CNRP President, Sam Rainsy, was in voluntary

exile from October 2015, then was formally barred from returning to Cambodia in October

2016, following additional convictions and new court cases. (Although he has dual French

and Khmer nationality, it is problematic in human rights terms for Cambodia to take steps

to prevent a Cambodian national from returning home.) The travel ban was apparently

lifted on 14 June 2017, after submission of the present report.

7. The current President of CNRP, Kem Sokha, was convicted in September 2016 for

failing to appear for questioning, although he later received a royal pardon and left his self-

imposed house arrest. Senator Hong Sok Hour (formerly of the Sam Rainsy Party) was

sentenced to 7 years’ imprisonment on 9 November 2016 for forgery and incitement in

connection with a Facebook post. Senator Thak Lany (formerly of the Sam Rainsy Party,

currently in exile) was convicted in absentia to 18 months’ imprisonment on charges of

defamation and incitement in connection with a video clip on Facebook purportedly of a

speech with comments on the death of Kem Ley. In its decision of 5 April 2017 on 15

Cambodian parliamentarians who had been subjected to arrest, harassment and suspension

from Parliament, the Governing Council of the Inter-Parliamentary Union expressed deep

concern at the escalation of the situation and noted a lack of cooperation from the

Government on those cases.1

8. CNRP has periodically withdrawn its participation in the National Assembly, which

continues to have implications for the legislative process. Draft laws, especially those that

are fast-tracked, do not appear to go through rigorous reviews for compliance with

international human rights law. A prominent example are the amendments to the Law on

Political Parties, which were fast-tracked early in 2017. The amendments prohibit anyone

convicted of a crime from holding political office and permit the dissolution of any political

party deemed to be secessionist or subversive. The former provision is similar to one that

was included in the Law on Trade Unions that prohibited convicted persons from leading

trade unions. Given that the courts tend to interpret provisions of the current criminal law

broadly, many individuals could find themselves barred from holding office.

9. The draft cybercrime laws mentioned in the Special Rapporteur’s previous report

(see A/HRC/33/62, para. 34) have still not been published, but draft labour laws are in

circulation. The Special Rapporteur has received notes from stakeholders expressing

concern about the draft law on a minimum wage and the draft law on labour dispute

procedures. Both have potentially positive benefits for workers in Cambodia, yet appear to

contain potentially worrying provisions, including provisions limiting negotiation and

transparency and provisions increasing the work of the Arbitration Council without making

additional funding and support available. The draft law on a minimum wage will extend the

wage negotiation system currently deployed in the garment sector to other sectors, which

could result in an increase in wages for many Cambodians. Some articles of the draft law,

however, would restrict fundamental freedoms of expression, assembly and association,

such as the proposed ban on any form of objection to the agreed minimum wage and the

apparent prohibition on independent research related to the minimum wage.

10. The Government of Cambodia has not yet published its strategy for implementing

the Sustainable Development Goals. However, there continue to be discussions in several

1 See www.ipu.org/hr-e/200/cmbd27.pdf.

government ministries on the matter. The Council for the Development of Cambodia is

leading the effort to implement the Goals at the local level, a process that should conclude

in 2017. As with the Millennium Development Goals, Cambodia is adding an additional

goal on mine-clearing. It is hoped that the Government will be in a position to publish its

initial strategies soon and that work can continue on strengthening the rights and freedoms

of all Cambodians and on achieving the Goals.

11. Cambodia has continued to be a member of the ASEAN Economic Community. It

was granted lower-middle income status by the World Bank on 1 July 2016 and has,

according to preliminary estimates, maintained an annual economic growth rate of almost 7

per cent. Its gross domestic product is forecast to grow at a rate of around 7 per cent in

2017 and 2018. There is some evidence of a slight increase in output from the agricultural

sector, which, if maintained, could have further impact on land rights.

12. Despite the significant progress that Cambodia has made since 1991, it is also

important to recall that Cambodian history demonstrates the tragic consequences of human

rights not being adequately respected and robustly protected. Respect for human rights is an

integral part of ensuring lasting peace in the country. A liberal democracy system based on

pluralism, as the Constitution decrees, requires periodic and genuine elections, which

should not be considered a threat to internal stability.

13. During the Special Rapporteur’s mission in October, the Minister of Foreign Affairs

and International Cooperation confirmed the Government’s understanding that respect for

sovereignty and respect for human rights were compatible. The Special Rapporteur

encourages such an approach and reminds the Government that the fair and balanced

monitoring of human rights by international bodies is integral to that approach. As the

United Nations High Commissioner for Human Rights commented at the opening of the

thirtieth session of the Human Rights Council, “sovereignty cannot be damaged by

carefully evaluated commentary”.2

III. Vulnerable groups and discrimination

14. International human rights law is predicated on the premise that all persons should

enjoy all freedoms and rights without discrimination. In all societies, however, there are

marginalized groups whose enjoyment of rights is compromised in some way. Sustainable

Development Goal 10 is to reduce inequality within and among countries. In line with

international law, rights and freedoms should be enjoyed without distinction of any kind,

irrespective of race, colour, sex, language, religion, political or other opinion, national or

social origin, property, birth, sexual orientation, gender identity, disability or other status.

As the Government of Cambodia has voluntarily agreed to be bound by international

treaties that enshrine that principle, it is appropriate to consider the situation of

marginalized groups and communities. In her previous report, the Special Rapporteur

included a “subfocus” on indigenous peoples and women, among other issues. In the

current report, she provides an update on those key groups and also looks at the situation

relating to prisoners, persons in street situations, minorities and children. Other

marginalized groups and communities are also addressed.

A. Persons in street situations

15. People who live, work or are otherwise dependent on the streets are particularly

vulnerable. In her previous report, the Special Rapporteur noted that the Prime Minister had

announced that the drop-in centre formerly known as Prey Speu Social Affairs Centre

should be closed or made functional (see A/HRC/33/62, para. 9). In October 2016, the

Special Rapporteur visited that facility to assess the living conditions and treatment of those

rounded up and sent there. While the Minister of Social Affairs, Veterans and Youth

Rehabilitation explained the improvements that had been made, there was no doubt that

2 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16414&LangID=E.

further expansive and dramatic improvements were necessary to meet basic human rights

standards. Despite claims by the authorities that those rounded up and brought to the centre

had to remain there for a week to enable arrangements to be made by their families to

collect them, most people who met with the Special Rapporteur had been there for

considerably longer and many claimed they were being held against their will. Such a

situation is consistent neither with the concept of a drop-in centre nor with the law. In the

case of children, persons with mental health concerns, disabilities or long-term health

needs, the authorities must ensure the identity of the person and verify the identity of an

alleged family member wishing to collect him or her. However, those with independent

capacity should be allowed to leave at will.

16. The Special Rapporteur observed that high numbers of people were crammed into

basic rooms without adequate ventilation and with limited water and sanitation facilities.

Bedding and food was provided. Many of the detainees had health issues, including

HIV/AIDS, drug dependence and mental health or psychosocial conditions. Some women

were pregnant. Several people had disabilities. However, appropriate professional medical

support for those individuals was not available in the centre. For example, there were few

pharmaceutical supplies in the medical unit and a local hospital was used for medical

support. One block housed long-term residents, many of whom had psychosocial or mental

disabilities or other specific health problems. Some of the people had either consented to

living there or were in the centre because they had nowhere else to go.

17. Many of the detainees claimed they could not maintain contact with their children

and relatives outside; some had been detained as a family unit but had then been separated

in the facility. Many vulnerable people find themselves in street situations and while some

may have infringed laws, for example laws on substance abuse, many have not. Several

children, some accompanied by a parent or other care giver, others not, had also been

detained. During her visit, the Special Rapporteur witnessed some unaccompanied children

being released into the care of a non-governmental organization (NGO) working with street

children. Most persons in the centre were being detained against their will, without a legal

basis, making their detention arbitrary. An urgent, holistic, coordinated interministerial and

multi-agency response is needed and must be adequately resourced to alleviate the

situation. The Special Rapporteur welcomes the reassurances given that there will continue

to be 24-hour access to the centre for the United Nations and NGOs. The establishment of a

proper (and properly resourced) facility that provides the necessary care, services and

assistance to persons in street situations should be prioritized. Its intended beneficiaries

should be able to obtain assistance on a voluntary basis. Expeditious action should be taken

by the Government to implement the recommendations made at the national conference on

persons in street situations held in Phnom Penh in December 2015.

18. The Special Rapporteur was informed by the Minister of Social Affairs, Veterans

and Youth Rehabilitation of the existence of drug rehabilitation centres and of the planned

facility in Kandal Province for people with psychosocial disabilities. It is hoped that a

holistic response to addressing the real needs of people who are drug dependent or who

have psychosocial disabilities will be taken, to ensure they are supported and, where

appropriate, can be successfully rehabilitated into the community. Target 3.5 of the

Sustainable Development Goals seeks to strengthen the prevention and treatment of

substance abuse, including narcotic drug abuse and harmful use of alcohol, which is

particularly relevant in Cambodia. The creation of a specialized centre for psychosocial

care should be pursued, although only if compliance with human rights standards can be

guaranteed.

19. The Special Rapporteur recommends that the Government include, in its imminent

strategy for realizing the Sustainable Development Goals, action plans for reducing poverty

(Goal 1), ensuring health and well-being (Goal 3), ensuring full and productive work for all

(Goal 8), addressing food security and clean water (Goals 2 and 6) and reducing

inequalities (Goal 10). As interministerial and multi-agency responses evolve, the number

of people in street situations should decrease. In the interim, their basic human rights and

freedoms should be protected.

B. Prisoners

20. Considering the situation of prisoners, the Special Rapporteur reiterates her concern

about the extensive use of pretrial detention in Cambodia. Although article 203 of the Code

of Criminal Procedure establishes that provisional detention should be exceptional, it

appears to be almost standard procedure. The Government should consider doing more to

raise awareness among judges on alternatives to detention in an effort to encourage a

reduction in the automatic recourse to pretrial detention. The Government has

acknowledged that the situation in prisons is a problem (see CCPR/C/KHM/Q/2/Add.1,

para. 14) and the Human Rights Committee has commented on overcrowding (see

CCPR/C/KHM/CO/2, para. 14). It is clear that the current practices on provisional

detention exacerbate the problem. For example, during a visit to Correctional Centre 1 in

October 2016, the Special Rapporteur was informed that 1,512 of the 4,736 detainees were

either in provisional detention or were awaiting the outcome of appeal processes. The

Ministry of Justice should embark on awareness-raising initiatives to ensure public support

for alternatives to provisional detention. It should make additional efforts to remind the

judiciary of the range of options available under the Code of Criminal Procedure and of the

appropriate judicial form, referencing the reasons for detention (see art. 205).

21. A high-profile case of pretrial detention has involved the continued detention of the

following members of the Cambodian Human Rights and Development Association, an

NGO: Lim Mony, Ny Sokha, Yi Soksan, Nay Vanda and Ny Charkya. Mr. Charkya, the

former deputy secretary-general of the National Election Committee, was detained at the

same time as the others but faces separate charges. The detention of the above-mentioned

individuals has been the subject of several urgent appeals and an opinion of the Working

Group on Arbitrary Detention, which found their detention to be arbitrary (see also para. 66

below).

22. The Special Rapporteur regrets not having been able to meet with those detainees, as

requested, during her visit to Correctional Centre 1 in October 2016. On 27 April 2017,

their detention was extended by a further six months, purportedly to enable the authorities

to question witnesses and undertake further investigations; it was the last extension

permissible under Cambodian law. By that time, those five people had already been

detained for a year without any charges proceeding. Such prolonged detention has an

impact not only on the right to liberty of the detainees, but also on the rights and freedoms

of their families, as some detainees were the principal earner in their household. Moreover,

it affects the capacity of a prominent and well-established NGO, the Cambodian Human

Rights and Development Association, to continue to defend human rights in Cambodia. The

judge’s decision dated 24 March 2017 banning visits by anyone other than family members

and lawyers has exacerbated the detainees’ already limited communication with the outside

world and means that OHCHR staff can no longer meet with the detainees and monitor

their detention.

23. Given the apparent lack of evidence to back any of the alleged charges, the judicial

authorities should immediately release the above-mentioned individuals or bring charges

against them so that a court can make a lawful determination. Visitation and monitoring

rights should be restored.3

24. Correctional Centres 1 and 2 in Prey Sar commune, Phnom Penh, are the principal

prisons for men and women in Cambodia. During her visit in October 2016, the Special

Rapporteur received direct information on the level of overcrowding. The prison for men

(Correctional Centre 1), which the prison authorities said had a capacity of 1,300, held

4,736 detainees; the prison for women (Correctional Centre 2) was said to have a capacity

of 600-700 but held 959 detainees. In respect of overcrowding, the Special Rapporteur

learned from the Minister of Justice of a pilot programme on non-custodial sentencing for

minor misdemeanours for which a sentence of less than six months in prison is usually

handed down. The pilot programme could assist in temporarily alleviating the problem of

3 On 29 June 2017, after the present report was submitted, the individuals were released under judicial

supervision. Trial dates are pending.

overcrowding. Its results should be carefully reviewed by the Ministry of Justice to

determine whether the programme could, when accompanied by appropriate public

education and awareness-raising programmes, limit the number of prisoners while ensuring

the maintenance of law and order. The Ministry of the Interior should continue to work on a

holistic response to the poor conditions in prisons and the problems caused by

overcrowding. Although doing so would involve a significant expense, the rights of all

detainees must be fully protected.

C. Indigenous peoples

25. The Special Rapporteur reviewed the situation of indigenous peoples in her previous

report (see A/HRC/33/62, paras. 11-18). As of May 2017, 124 indigenous communities

have been recognized as such by the Ministry of Rural Development, 109 have been

recognized as legal entities by the Ministry of the Interior and 14 communities have been

granted communal land titles (those 14 communities hold 459 communal titles). This is a

modest increase over the previous year. The Ministry intends to issue 50 titles by the end of

2018, but the complexity and cost of obtaining communal land titles (approximately

$70,000 per title) impede the process. However, while communal land titles can provide

protection for indigenous communities, they cannot be used as collateral for loans and

therefore reduce the opportunities for communities to access financing and to develop

economically.

26. In October 2016, the Special Rapporteur met Suoy community groups and received

petitions from other indigenous groups. It was clear that land titles continued to be a

problem. Progress remained slow and indigenous peoples continued to draw the Special

Rapporteur’s attention to the cumbersome and complicated procedure for securing land

titles in Cambodia. (All petitions received were taken by OHCHR Cambodia for

processing.) Many of the complaints received on land cases had been raised before judicial

and non-judicial bodies, senior government ministers, the national commission for land

dispute resolution and the parliamentary committees on human rights and justice. Alleged

victims were apparently appealing to multiple bodies and were finding the legal and

administrative mechanisms complex and ineffective.

27. Members of the Suoy indigenous community encountered additional problems when

some members successfully registered individual land titles under one directive while other

members of the community were seeking community land title for a reduced area of

claimed land. Many Suoy people claimed they had lost their farmland to economic land

concessions, had received inadequate compensation and were destitute.

28. The Special Rapporteur recommends that the Government consider simplifying the

communal land titling process to reduce the number of steps required and that it allocate

additional funding for the development of indigenous communities. She suggests that the

Government review current laws and policies to ensure the fulfilment of its obligations

under the United Nations Declaration on the Rights of Indigenous Peoples and that it

disseminate and implement the Declaration at the local level.

D. Minorities

29. Minority groups are entitled to specific protection under article 27 of the

International Covenant on Civil and Political Rights. In addition, article 31 of the

Constitution provides that Khmer citizens are equal before the law and enjoy the same

rights, liberties and duties regardless of race, colour, sex, language, belief, religion, political

tendencies, birth origin, social status, wealth or other situation.

30. During the reporting period, the Special Rapporteur examined the situation of

minority groups, including ethnic and religious minorities living in Cambodia, in part

because she received expressions of concern on the issue of statelessness. Her preliminary

findings are outlined below.

Cham communities

31. The Cham people form the majority of the Cambodian Muslim population and are

generally recognized as a religious rather than an ethnic minority in Cambodia. They form a

relatively heterogeneous group and most live along the Mekong River and around Tonle

Sap Lake. They speak the Cham language but also, usually, Khmer. The Cham people were

considered Cambodian citizens before the Khmer Rouge period, when they were

specifically persecuted. Case 002/02 against Nuon Chea and Khieu Samphan before the

Extraordinary Chambers in the Courts of Cambodia includes a charge of genocide against

the Cham. The Cham people have now re-established their lives in Cambodia and their

religious practices. Many survive by fishing; others live in Phnom Penh. In October 2016,

the Special Rapporteur visited urban Cham communities to better understand their

situation.

32. Urban Cham communities generally feel well integrated into Khmer society and do

not feel that their religion or ethnicity affects how they are treated. There is evidence of

specific education combining the national curriculum with Islamic subjects and Qur’anic

studies. The Minister of Education, Youth and Sports informed the Special Rapporteur that

the salaries of some 1,400 Muslim teachers were being supported by his Ministry. Cham

people were active in politics. There was also evidence of intermarriage. Those with whom

the Special Rapporteur met had identity documents and were able to travel freely. The

poorer Cham, however, faced the same challenges as other poor Khmer, including

vulnerability in respect of their economic, social and cultural rights, for example in terms of

access to clean water, sanitation and health care. The information received, however,

indicated that there was little discrimination against Cham communities.

Ethnic Vietnamese and Khmer Krom communities

33. The ethnic Vietnamese in Cambodia are a heterogeneous minority. Many are recent

migrants and people engaging in cross-border trade. Some are in Cambodia legally, others

illegally, and they have many different residency statuses. A particular focus for the Special

Rapporteur are those ethnic Vietnamese who have lived in Cambodia for generations and

the Khmer Krom, ethnic Khmer people who found themselves living in Viet Nam when the

borders were drawn. Many Khmer Krom were displaced during the periods of conflict in

the latter part of the twentieth century, often losing their identity papers. Case 002/02

before the Extraordinary Chambers in the Courts of Cambodia includes a charge of

genocide against the Vietnamese in Cambodia, distinct from any alleged crimes on

Vietnamese territory. Following the return of peace in Cambodia, many of those people

returned to Cambodia or regrouped into pre-conflict era communities.

34. In October 2016, the Special Rapporteur met with ethnic Vietnamese and Khmer

Krom communities. Many of those individuals appeared to face challenges with birth

registration and identity cards. The lack of identity documents inevitably had an impact on

many other rights, particularly to basic social services. The Government published its

National Strategic Plan of Identification 2017-2026 in June 2016. The Plan seeks to ensure

that everyone is recognized, a goal that is consistent with international human rights law. It

also underpins the Sustainable Development Goals principle of ensuring that no one is left

behind. The Plan should help ensure that all children in Cambodia are able to have their

births registered and that all those who have historically been based in the country can once

again get appropriate identity cards. In terms of international human rights law, all children

are entitled to a nationality and to birth registration. It is worrying that a number of people

living in Cambodia or deported to Viet Nam are stateless or at risk of being rendered

stateless. The Special Rapporteur welcomes the willingness of the Government to grant

Khmer citizenship to Khmer Krom, in accordance with article 33 of the Constitution.

Despite this, in reality many Khmer Krom face difficulties in getting birth certificates and

identity documents in Cambodia. The Government should abide by its Constitution, its

national laws and the international conventions it has ratified with regard to nationality,

citizenship and non-discrimination. It should also take steps to prevent and end

statelessness in Cambodia.

E. Women

35. The Special Rapporteur raised a number of issues on women in her previous report

(see A/HRC/33/62, paras 19-27). Since that report was prepared, the Government has

submitted its report in follow-up to the concluding observations of the Committee on the

Elimination of Discrimination against Women (CEDAW/C/KHM/CO/4-5/Add.1), in

March 2016. The Committee has requested the Government to provide further information

in its next periodic report, due in October 2017, including on action taken to: (a) ensure that

cases of violence against women, including domestic and sexual violence, are effectively

prosecuted and not systematically diverted to mediation; (b) ensure that all women can

lodge formal complaints about domestic and sexual violence, by destigmatizing victims and

raising awareness about the criminal nature of such acts; and (c) ensure that public

awareness-raising campaigns address all forms of violence against women (see

CEDAW/C/KHM/CO/4-5, para. 21).

36. In her previous report, the Special Rapporteur addressed the role of women in

politics (see A/HRC/33/62, para. 22). As the communal elections were being held as the

present report was being finalized, information is not yet available on the number of women

elected. However, as the general election is expected to be held before the discussion on the

next report to the Human Rights Council, the Special Rapporteur recalls that article 4 of the

Convention on the Elimination of All Forms of Discrimination against Women permits

temporary special measures to redress imbalances and that the Committee on the

Elimination of Discrimination against Women has twice recommended the implementation

of temporary special measures to increase the representation of women in decision-making

positions, especially in politics, the judiciary and the foreign and diplomatic service (see

CEDAW/C/KHM/CO/4-5, para. 29, and CEDAW/C/KHM/CO/3, para. 24).

37. During her mission in October 2016, the Special Rapporteur was asked by the

Minister of Justice to assist the Government in reviewing surrogacy laws. That request was

prompted by changes in the laws of a number of other States that have restricted access to

surrogacy arrangements, especially transnational and international commercial surrogacy

arrangements. The Government of Cambodia has banned surrogacy in the country by

banning embryo transfers to surrogate mothers and extending the laws banning the

commercial donation of human organs for gestational surrogacy arrangements. The

situation requires careful monitoring to ensure that the rights of vulnerable women are

protected. The Government is concerned about the potential exploitation of vulnerable

women and the possibility of transborder commercial surrogacy arrangements. Ending

poverty (Sustainable Development Goal 1) and ensuring good health and well-being

(targets 3.1 and 3.2 of the Goals, in particular) are especially relevant in that context. The

Government also has to protect the rights of all children born from pre-existing surrogacy

arrangements. There are clear implications for citizenship and the family rights of such

children. The Special Rapporteur recommends that the Government remain alert to the

possibilities of commercial surrogacy operators seeking to operate in Cambodia and that it

develop a law that protects the rights of all involved.

38. Violence against women and gender-based violence continue to be a problem in

Cambodia. There is no evidence of greater use being made of legal provisions to prosecute

perpetrators, and no evidence of increased protection of vulnerable women. Many victims

of violence engage in mediation and return to live with the alleged perpetrator. It is hoped

that plans to reach target 5.2 of the Sustainable Development Goals, which aims at

eliminating violence against women and girls in public and in private, will add some

impetus to the Government’s efforts in that regard. The Special Rapporteur has also

received reports of a high incidence of violence against lesbian, gay, bisexual, transgender

and intersex persons. The Government should consider implementing awareness-raising

strategies to bring about a cultural shift in attitudes towards violence against women,

strengthen the legislative framework thereon and ensure that the police thoroughly

investigate all complaints, bring perpetrators to justice and provide protection to victims.

Interministerial dialogue on the issue must continue and special consideration should be

given to addressing violence against lesbian, gay, bisexual, transgender and intersex

persons.

F. Children

39. It is estimated that two thirds of the Cambodian population are under the age of 30.

Realizing the rights of children is therefore particularly important for the future of

Cambodia, which is a State party to the Convention on the Rights of the Child and has a

number of laws, policies and action plans focusing on children’s rights. As the Special

Rapporteur has already noted, considerable progress has been made on education (see

A/HRC/33/62, paras. 35-37). At the beginning of the reporting period, the new Law on

Juvenile Justice was adopted. The Law seeks to avoid having young offenders tried as

adults and receiving custodial sentences. It covers a number of areas, including drug use,

crime and homelessness (persons in street situations), and encourages the adoption of

management and education strategies that include families and communities in the

implementation of juvenile protection policies. The Ministry of Social Affairs, Veterans

and Youth Rehabilitation is working on the implementation of a number of aspects of the

Law, as is the Ministry of Justice. The promulgation of the Law is undoubtedly a positive

step towards realizing the rights of children. Information received by the Special

Rapporteur in October 2016 indicates that the number of young people in detention was

increasing because of tougher action against drug use and drug-related crime. The

Government should mobilize the human and financial resources necessary to ensure

adequate implementation of the Law on Juvenile Justice, carefully monitor its

implementation and ensure that the provisions of the Convention on the Rights of the Child

are respected.

40. Cambodia has experienced a number of problems with residential care facilities, in

particular “orphanages”. In recent years, the authorities have striven to close down

disreputable facilities and regulate intercountry adoptions, which it banned while it was

working on strengthening the implementation of the adoption law so as to better protect

Cambodian children and ensure that appropriate safeguards were in place before adoptions

were approved. The Ministry of Social Affairs, Veterans and Youth Rehabilitation launched

an action plan in January 2017 for improving childcare with the target of safely returning

30 per cent of children in residential care to their families over the following two years.

Poverty is a key concern for many children living in residential care. Programmes aimed at

returning children to their families should not only accord with the principle of the best

interests of the child but also address several of the targets of the Sustainable Development

Goals, including reducing poverty (target 1.2), implementing nationally appropriate social

protection systems (target 1.3) and promoting the social, economic and political inclusion

of all (target 10.2).

41. A number of other issues have been brought to the attention of the Special

Rapporteur that require further investigation. Child labour and trafficking in children are

two examples. During the next reporting period, the Government will complete its periodic

report to the Committee on the Rights of the Child, which is due in 2018.

G. Persons with disabilities

42. The Government’s first report to the Committee on the Rights of Persons with

Disabilities was due in January 2015. The fact that the report is overdue is a concern, not

least because the Government frequently reiterates the importance it places on the rights of

persons with disabilities. The Special Rapporteur is aware that persons with disabilities

suffer many disadvantages in Cambodian society. Although this topic has not yet been

examined by the Special Rapporteur in depth, during discussions with ministries and

through field visits it has become apparent that many public services, including health and

education, as well as polling stations, are not physically accessible.

43. The rights of persons with psychosocial or mental health conditions is particularly

worrying. Notwithstanding the planned facility in Kandal Province previously mentioned,

there is very little professional support available in the country for those with mental health

conditions. Given the recent history of Cambodia, in particular the widespread experiences

of conflict and genocide, this is problematic. The many public statements on inclusivity

made by government ministers, including the Prime Minister, are positive. Cambodia also

has relevant laws, strategies and action plans. The current strategic plan includes objectives

on reducing poverty, providing equal health services, ensuring full access to justice and

preventing discrimination. An interministerial approach has been taken through the

coordinating work of the Disability Action Council, which has established offices in all the

provinces in order to be more accessible to persons with disabilities. This supports the work

on promoting the rights of persons with disabilities of ASEAN and the Economic and

Social Commission for Asia and the Pacific of the United Nations. It is clear that more

work needs to be done to better assess the situation of the rights of persons with disabilities

in Cambodia. Realizing the Sustainable Development Goals adds further support to the

government initiatives in ensuring that no is left behind. The Government should submit its

report to the Committee on the Rights of Persons with Disabilities as soon as practicable, to

provide the basis for a constructive dialogue with the Committee on improving protection,

promotion and respect for the rights of persons with disabilities in Cambodia. The

Government should also consider inviting the Special Rapporteur on the rights of persons

with disabilities to visit and provide support.

IV. Democratic space

44. During the reporting period, the application of the range of laws discussed in the

previous report of the Special Rapporteur continued to be of concern (see A/HRC/33/62,

paras. 28-34). The deterioration in the democratic space is reflected in a white paper issued

by the Ministry of Foreign Affairs and International Cooperation on 11 April 2017 entitled

“To tell the truth”. In it, the Ministry refers to “a campaign of disinformation led by some

foreign governments and organizations, which twisted historical facts and events in an

attempt to portray a negative image of Cambodia and to lay the blame on the government”.

The Special Rapporteur is included among the actors allegedly aiming to discredit the

Government.

45. Many NGO representatives, trade union members and human rights defenders still

find themselves subject to threats and harassment, arrest, pretrial detention and prosecution.

The Special Rapporteur has received reports of civil society groups restricted in their

education and training activities and limited in their day to day activities. An example is the

“black Monday” campaign that was launched after the arrest of the staff of the Cambodian

Human Rights and Development Association. People chose to wear black clothing on

Mondays in solidarity with the detainees and took to the streets in protest. The Government

tried to ban the campaign and security authorities were reportedly requested to closely

monitor the activities of those participating in the campaign. A number of protesters were

arrested and prosecuted under provisions dealing with such issues as defamation (art. 305),

public insult (art. 307) and various public order offences. Tep Vanny was prosecuted

following her participation in a black Monday event on 15 August 2016. In contrast to other

participants, who were detained briefly and then released, she was then charged with

“intentional violence with aggravating circumstances” relating to another protest in 2013.

On 23 February 2017, she was sentenced to two and a half years’ imprisonment.

46. Numerous reports have been received of police, military and security forces using

roadblocks to regulate processions and assemblies. By way of example, a procession of

people marking World Habitat Day, an event focusing on land and housing rights, while the

Special Rapporteur was in Phnom Penh in October, resulted in violent clashes between

protesters and the authorities. On 8 February 2017, Am Sam Ath, Monitoring Manager for

the Cambodian League for the Promotion and Defense of Human Rights, was called in for

questioning in connection with the procession, but was not charged. There can be no doubt

that it is the responsibility of the Cambodian authorities to ensure the maintenance of public

order and security. However, the Law on Peaceful Demonstrations must be carefully

adhered to and the rights of all Cambodians to peaceful assembly and association must be

protected. Notification letters, which are required under the Law, submitted by civil society

organizations about public assemblies that they plan to organize are systematically rejected

by the authorities without justification. This has happened even in respect of notifications

of events for international commemorative days such as International Workers’ Day on 1

May, the International Day of the World’s Indigenous People on 9 August and Human

Rights Day on 10 December. The prohibition extends to the designated public space created

by the Government for the organization of static gatherings (Freedom Park), which has

been moved away from the centre of Phnom Penh.

47. Concern remains over the raft of laws (on associations and NGOs, on the election of

members of the National Assembly, on trade unions, on peaceful demonstrations) that can

be used to restrict freedom of assembly and association and freedom of expression. The

Special Rapporteur reiterates her recommendation that the Government ensure that those

laws are applied in a way that fully respects the human rights treaties that Cambodia has

ratified. Moreover, the application of such laws should be regularly reviewed and, if

necessary, revised.

48. The murder of Kem Ley on 10 July 2016 shocked the Cambodian public. On 23

March 2017, Oeuth Ang was convicted of the killing and sentenced to life in prison. Kem

Ley’s funeral procession (24 July 2016) and 100-day procession (15-16 October 2017),

which attracted thousands of Cambodians, passed without incident. Both events had been

threatened with bans and restrictions. The Special Rapporteur has received many petitions

raising concerns over the perceived lack of transparency concerning the death of Kem Ley

and the motive behind his murder. An independent political analyst, Kim Sok, has been in

pretrial detention since 17 February 2017 on defamation and incitement charges for

publically expressing his opinion that the ruling party was responsible for the killing of

Kem Ley. Thak Lany was also convicted for alleged comments on this matter.

49. Taken together, these incidents and misapplication of laws has had the effect of

restricting civil society space and diminishing the perceived democratic space in the

country. There has been a negative trend whereby political activists, human rights

defenders and journalists continue to face restrictions when exercising human rights and

fundamental freedoms. This is particularly problematic during election years, when many

Cambodians wish to petition political parties, partake in political rallies and generally

exercise the rights protected in the Constitution and the laws of Cambodia, as well as in the

international human rights treaties to which Cambodia is party. Balancing the need to

maintain public order and security with freedoms of expression, assembly and association

can be challenging. The consistent, reasoned, non-discriminatory application by the

judiciary and other public authorities of the relevant laws and criminal code provisions,

with due regard to the human rights obligations of Cambodia, is essential.

V. Land rights and housing

50. Land rights remain a major issue of concern in Cambodia, despite the ongoing

efforts of the Government to review economic land concessions.

51. It remains imperative that land disputes be resolved definitively on clear and

transparent grounds by appropriate bodies. As noted above, with regard to indigenous

peoples, ever more complications arise. In the case of the Suoy indigenous community, an

area of land was the subject of successful individual land title claims while simultaneously

being the subject of a communal land title claim (see para. 27 above).

52. During her mission in October 2016, the Special Rapporteur undertook a field visit

to Kampong Speu Province to assess the human rights situations of communities affected

by sugar concessions. Phnom Penh Sugar Co. Ltd. and Kampong Speu Sugar Co. Ltd.

received economic land concessions for adjacent areas. Those concessions were for sugar

cane plantations and sugar processing. The Special Rapporteur met with many individuals

who claimed to have been made destitute by the loss of farmland to concessions. Many

claimed to have received inadequate compensation and to have been unaware of what they

were agreeing to when their land was removed. Many also had little official land title

documentation to the lands in question. As with the situation reported in Preah Vihear

Province (see A/HRC/33/62, para. 40) and in Koh Kong and Stung Treng Provinces (see

A/HRC/33/62, para. 42), there were issues with the adequacy of compensation and the

appropriateness of relocation sites, as well as concerns expressed by the concession holder

at the number of disputes faced years after the concession had been granted by the

Government. Complaints were also received from the authorities and from key NGOs over

threats, violence and intimidation of the parties involved. The complexity of land titling and

the necessity of adequately compensating land users and owners when concessions are

granted notwithstanding, it appears that more needs to be done to ensure that compensation

packages are fully understood by potential recipients and to ensure that all land disputes are

resolved through a process free from threats, violence and intimidation.

53. The position of communities in Stung Treng Province affected by the hydropower

dam (see A/HRC/33/62, para. 17) is particularly pressing as flooding is scheduled to

commence in July 2017. Some villagers, including indigenous peoples, are refusing to

relocate due to the perceived inadequacy and inappropriateness of the offers made. The

Government should continue to review land concessions. Where there are concessions,

there must be thorough consultations with all stakeholders, informed consent and

understanding of compensation packages for dispossessed persons, and allocation of

appropriate and adequate relocation sites, when applicable.

VI. Administration of justice

54. The Ministry of Justice continues to work on its programme of reforms and there is

mounting pressure for more immediate results from the reform process (see A/HRC/33/62,

para. 44). It is acknowledged that reforming the administration of justice is complex and

should not compromise the actual or apparent independence of the judiciary. A number of

high-profile cases during the reporting period have highlighted the disparate evidentiary

standards used in courts. A few articles in the Code of Criminal Procedure address

evidentiary requirements — articles 118, 127 and 321, for example. However, it appears

that different judges apply different evidentiary standards of proof. Everyone charged with

a criminal offence has the right to know and challenge the evidence against him or her.

Moreover, consistency and fairness, especially in criminal cases, require that the standard

of proof be the same in all similar cases. The Ministry of Justice should consider drafting

guidelines on the evidentiary requirements and ensure that all judges are trained fully

thereon. The decision to publish judgments should be acted upon as soon as possible. The

lack of published reasoning on judicial decisions exacerbates the problem as the publication

of legal reasoning would assist lawyers, convicted persons and the public to better

understand decisions made in courts, aiding transparency, encouraging consistency and

supporting the independence of the judiciary. Accordingly, the Special Rapporteur

welcomes the decision of the Supreme Council of the Magistracy to publish a selection of

judgments later on in 2017.

55. Two cases are under way at the Extraordinary Chambers in the Courts of Cambodia;

the appeal of a third concluded during the reporting period. In the appeal of case 002/01

against Nuon Chea and Khieu Samphan, on 23 November 2016, the Supreme Court

Chamber upheld the convictions for crimes against humanity of murder, persecution on

political grounds and other inhuman acts in relation to the evacuation of Phnom Penh in

April 1975, but reversed the convictions for the crime against humanity of extermination. It

also reversed the conviction for the crime against humanity of persecution on political

grounds in respect of the phased population transfer. Nevertheless, the Chamber confirmed

the sentences imposed by the Trial Chamber.

56. Final oral submissions in case 002/02, the second against Nuon Chea and Khieu

Samphan, are scheduled for 13-23 June 2017. The defendants have been charged with the

genocide of Cham and Vietnamese minorities, forced marriage and rape, among other

crimes. A judgment is expected within a year.

57. Judicial investigations in relation to case 003 against Meas Muth concluded on 10

January 2017.

58. Case 004 against Im Chaem, Ao Am and Yim Tith was divided into three case files.

On 22 February 2017, the co-investigating judges dismissed case 004/01 against Im Chaem,

and case 004/02 against Ao An was closed on 16 December 2016. The investigation into

case 004/03 against Yim Tith ended in June 2017. The revised 2017 budget for the

Extraordinary Chambers in the Courts of Cambodia totals $30.13 million.

VII. Participation in the political process

59. The commune/sangkat elections were held on 4 June 2017; those elected commune

councillors will then elect the members of the Senate. The elections appear to have been

relatively peaceful. The final results have not yet been announced by the National Election

Committee, although it is notable that the Committee has recorded a voter turnout of over

85 per cent. No substantiated reports of irregularities have been received, although the

Committee reported receiving 79 official complaints. Observers reported improved

electoral processes, including in terms of voter registration.4 Early indications are that the

elections were undertaken in a fair, efficient and transparent manner. Reports have been

received, however, on the perceived impact of the tense pre-election environment and the

application of a range of laws to political parties and the media.

60. In the lead-up to the commune/sangkat elections, it was widely reported that

government ministers made public statements using violent rhetoric, including threats of

military deployment to quell any protests or unrest following the announcement of the

results. Senior officials regularly issued threatening and intimidating public messages

calling people to vote for the ruling party. Earlier in the year, there was negative,

potentially inflammatory rhetoric from the main political parties. Equal access for all

political parties to television and radio broadcasting time was allegedly not respected.

61. On the eve of the two-week designated election campaign period, the National

Election Committee issued a code of conduct for the media on the elections. The document

allegedly drew on election laws, press laws, the rules and procedures of the Committee and

a range of Cambodian laws. Despite purportedly allowing the exercise of freedom of the

press and dissemination of information, concerns were raised by many stakeholders over

the implications for the media.

62. Concerns raised with the Special Rapporteur included the prohibition on the media

to disseminate information deemed to be misleading or inciteful, publish information that

may have an impact on political stability, disseminate “confusing” information and express

the journalist’s own views. The use of many of these criminal provisions (on incitement,

defamation, insult) has been criticized previously and the Government should ensure that

the rights to freedom of expression and the press, based on pluralism, transparency and

accountability, are respected and protected and that an open exchange of information

between candidates, political parties and voters is encouraged. Article 142 of the Law on

the Election of Members of the National Assembly and article 171 of the Law on the

Election of Commune/Sangkat Councils were annexed listing some offences and sentences.

63. The Government should ensure that people’s right to vote freely and according to

their conscience is respected, as also stipulated in article 51 of the Constitution. The Special

Rapporteur received reports prior to the elections indicating that some opposition

politicians were being threatened and obstructed from campaigning and that some civil

society election monitors were being subjected to intimidation and harassment. It is

important to prevent such intimidating behaviour ahead of the 2018 general election.

Elections should be conducted in a fair and transparent manner, with full respect for the

peaceful enjoyment of the rights and freedoms of all voters.

64. As the Special Rapporteur noted in her previous report (see A/HRC/33/62, para. 55),

there were and remain specific concerns among many stakeholders with regard to the

credibility of the 2017 and 2018 elections owing to the current political situation in the

country. All parties must cooperate to ensure that the general election of 2018 can take

place in a peaceful manner and that the results will be accepted by the Cambodian people.

4 Some observers will wait to release their reports until the official results have been announced.

VIII. Reporting to the treaty bodies and participation in the universal periodic review

65. A number of periodic reports by Cambodia to the treaty bodies are overdue: the

report to be prepared on the basis of the list of issues prior to reporting on the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the

initial report on the International Convention for the Protection of All Persons from

Enforced Disappearance; the combined fourteenth and fifteenth periodic reports on the

International Convention on the Elimination of All Forms of Racial Discrimination; the

initial report on the Convention on the Rights of Persons with Disabilities, which was due

on 20 January 2015; and the combined fifth and sixth periodic reports on the International

Covenant on Economic, Social and Cultural Rights. The sixth periodic report on the

Convention on the Elimination of All Forms of Discrimination against Women is due on 1

October 2017 and, according to the information received from the Ministry of Women’s

Affairs, considerable progress had been made on it. The combined fourth to sixth periodic

reports on the Convention on the Rights of the Child is due on 13 May 2018. The

Government has decided not to submit the optional midterm report for the universal

periodic review, reversing an earlier decision (see A/HRC/33/62, para. 56). The new

President of the Cambodian Human Rights Committee explained to the Special Rapporteur

that the reversal was due to a change in the management of the Committee. The Special

Rapporteur suggests that Cambodia establish a schedule to ensure that reporting

requirements are met in a timely manner. As previously stated (see A/HRC/33/62, para.

57), Cambodia should also consider publishing the two most recent reports of the

Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment.

IX. Communications to the Government

66. Between April 2016 and May 2017, there has been only one response (to KHM

4/2016) to the communications sent by the special procedure mandate holders to the

Government. During that time, five urgent appeals, two allegation letters and one other

letter were communicated to the Government. In addition, the Working Group on Arbitrary

Detention, at its seventy-seventh session, adopted an opinion finding the ongoing pretrial

detention of Ny Sokha, Nay Vanda, Yi Soksan, Lim Mony and Ny Chakrya arbitrary and

requesting the Government to ensure the immediate release of the detainees and to extend

to them a right to compensation. The Working Group found the deprivation of liberty of the

stated individuals to be in contravention of articles 7, 9-11 and 20 of the Universal

Declaration of Human Rights and of articles 9-10, 14, 22 and 26 of the International

Covenant on Civil and Political Rights (see A/HRC/WGAD/2016/45). The detention of the

above-mentioned individuals has also been the subject of three urgent appeals (KHM

1/2017, 6/2016 and 3/2016). Other communications dealt with issues related to freedom of

assembly and association (KHM 7/2016), freedom of opinion and expression (KHM

1/2017, 6/2016, 5/2016, 4/2016, 3/2016, 2/2016 and 1/2016), the environment (KHM

2/2016), arbitrary detention (KHM 1/2017, 6/2016 and 3/2016) and the protection of human

rights defenders (KHM 1/2017, 6/2016, 4/2016, 3/2016, 2/2016 and 1/2016). The Special

Rapporteur encourages the Government to engage more with the special procedures by

replying to their communications, in order to facilitate a better understanding of the various

situations and the Government’s views thereon. This should enable progress to be made on

resolving the issues raised in the communications and, where appropriate, ensuring redress.

X. Conclusions

67. The progress made by Cambodia over the past 25 years is immense. The

country has been transformed economically, although extreme poverty remains and

the benefits of development have not been enjoyed equally by all Cambodians. The

reporting period has brought fresh evidence of the tensions in the country and a

reminder of the work that still needs to be done by the Government to strengthen the

protection and promotion of human rights throughout the country. There remain a

number of outstanding recommendations to which the Government is invited to

respond. It is hoped that the action plan and strategy for realizing the Sustainable

Development Goals will go some way to addressing those concerns and will enable the

Government to work with other stakeholders in furthering the promotion and

protection of human rights in Cambodia. The Special Rapporteur reiterates her

willingness to work with the Government to better protect, respect and promote

human rights for the benefit of all Cambodians.

XI. Recommendations

68. By way of supporting the Government in making tangible progress towards the

range of recommendations, and in pursuance of discussions thereon, the following

recommendations are highlighted for immediate action:

(a) Review outstanding recommendations made by the Special Rapporteur,

the treaty bodies and Member States during the universal periodic review with a view

to preparing a draft implementation strategy with a realistic timetable. The work

undertaken to prepare the Committee on the Elimination of Violence against Women

follow-up report may provide a template;

(b) Finalize and publish strategic plans and policies for achieving

measurable progress in attaining the Sustainable Development Goals;

(c) Accelerate and simplify the process for granting communal land titles;

(d) Ensure that the list of court fees is publicly displayed in all courts and

that any additional fees that clerks may legitimately charge are also verified and

publicly displayed;

(e) Ensure that notices indicating that no payments can be made to prison

guards or other prison staff are clearly displayed at the entrance to all detention

centres;

(f) Increase efforts to minimize pretrial detention and the use of non-

custodial sentencing in appropriate cases, supporting this with public awareness-

raising and information campaigns;

(g) Release the human rights defenders in detention against whom no

evidence has been presented;

(h) Take all measures necessary to ensure that the 2018 elections are

peaceful and credible, that they take place without threats, arrests or acts of

intimidation, and that all international human rights obligations related to elections,

such as rights to freedom of expression, association and assembly, are respected and

protected.

69. The following recommendations are highlighted for consideration, to enable the

Government to determine how best to ensure the application of laws in compliance

with international human rights standards:

(a) Strengthen judicial mechanisms protecting victims of domestic violence

and trafficking, intensifying efforts to train judicial officers and law enforcement

officials on the Law on the Prevention of Domestic Violence and the Protection of

Victims to ensure effective prosecutions rather than recourse to mediation, and ensure

that mediation and informal mechanisms are used only in non-criminal cases;

(b) Ensure the wide dissemination of the Law on Peaceful Demonstrations

and the implementing guide thereon, supported by appropriate training programmes

for national and provincial authorities, including law enforcement officials, to ensure

that the Law is correctly applied, and consider preparing similar guidelines on the

application of the Law on Associations and Non-Governmental Organizations and the

Law on Trade Unions, in cooperation with stakeholders, to ensure that the Laws are

applied in a manner consistent with the State’s human rights obligations;

(c) Reconsider provisions of the criminal codes that can be used to restrict

freedom of expression, so as to achieve greater compatibility with international

human rights standards, decriminalizing offences as necessary;

(d) Increase efforts to systematically record and report cases, with a

summary of the reasoning and draft guidelines on evidentiary requirements, and

ensure that members of the judiciary are fully trained thereon;

(e) Stop rounding up persons in street situations, release all persons being

detained in the drop-in centre involuntarily and implement the recommendations

arising from the 2015 national conference on persons in street situations.