“Address the democratic deficit and Cambodia will prosper” –
Outgoing UN Special Rapporteur
GENEVA (30 April 2015) – The United Nations Special
Rapporteur on the situation of human rights in Cambodia, Surya P. Subedi, today
issued the following statement as he completes his six-year term:
“These six years have gone by very quickly. I have had the
privilege to work with the Royal Government of Cambodia, the opposition parties
and a range of other stakeholders in Cambodian society in writing my reports on
judicial, parliamentary, electoral and land reforms, and in the follow up of my
recommendations. It gives me a sense of satisfaction that some of my
recommendations have been implemented and some others are in the process of
being implemented.
Cambodia has come a long way during this time. The reform
agenda has advanced with the enactment of the three fundamental laws on the
judiciary, the amendment of the Constitution to grant the National Election
Committee a constitutional status, implementation of the land-titling programme
under Directive 001, review and revocation of some economic and other land
concessions and adoption of some guidelines on land evictions.
At the same time, in these and other areas, Cambodia still
has some way to go to meet the international benchmark flowing from the
international human rights treaties ratified by the country and to make the
ideals of a liberal democracy a reality for its people. The three fundamental
laws on the judiciary have their own flaws. So has the package of electoral
reform implemented by the ruling and the opposition party.
Of course the reforms will not immediately, overnight,
improve the situation of human rights for people in the country. The impact of
some of these reforms will be felt perhaps in five or ten years’ time. And
progress will depend on the implementation of these laws with sincerity and
diligence.
While the Government has a duty to serve as a pillar for
human rights and to ensure enjoyment of human rights for all, the opposition
party must also not disappoint the people who came out in such numbers to
support them in the past two years.
My parting advice to the leaders of the country, both in the
Government and the opposition, would be to be principled in what they do. The
reform process and the act of governance should be underpinned by the
principles of legitimacy, transparency, consultation, and participatory
democracy. The reform agenda is not the business of the ruling and opposition
parties alone. It is a national agenda to which people from all walks of life
should have an opportunity to contribute and have ownership.
The youth in particular, here in Cambodia as much as
elsewhere in the world, are increasingly aware of their rights, and will
continue to demand a better life and better performance and accountability from
their State institutions to enable that to be achieved. While the political
reconciliation between the two main political parties is welcome, they should
strive hard to achieve wider reconciliation within Cambodian society and
address the grievances of the people who have suffered from violations of their
rights.
For genuine, long-lasting stability in the country, it is
crucial that the people of Cambodia feel that they are well served – served,
not ruled – by their political representatives. The extent to which they feel
their interests are served will determine whether they express their will
through their representatives or search for other means to do so.
Important laws have been enacted in recent past without
meaningful public participation, and this worrying trend seems to be continuing
with regard to other pending laws. This sends an unhelpful message to the
public that the old ways of managing the country have not changed, and it is an
injustice to the true reformers that I believe exist in both main parties who
are doing the best they can within the means and the limits of their authority.
My advice is to open the critical process of law-making, and
win over the critics – not by pushing them aside, but with the strength of your
arguments and a demonstrated willingness to take the best route to solutions,
no matter who they are proposed by.
In the area of land rights, extraordinary measures being
taken now that explicitly aim, for the first time during my mandate, to restore
land to the people from whom it was taken. Such measures give strong reasons
for hope. I would encourage such measures to continue in a way that addresses
all those with complaints fairly, rather than sporadically or for political
gains.
Guaranteeing the independence of the judiciary will also be
indispensable. Notwithstanding a number of positive elements of the three fundamental
laws on the judiciary, the opaque process of their elaboration and enactment
will continue to colour the way in which these laws are regarded until they are
amended to guarantee the independence of the one institution that was
established to provide final resolution to disputes.
While there is still a considerable way to go toward
realising the vision of a liberal democracy and the objectives set out in the
Paris Peace Agreements of 1991 which heralded a new democratic dawn for the
country, I conclude my mandate with full confidence that Cambodia will get
there – its vibrant people will ensure that it does.
It has been an honour and a privilege for me to have been
able to make a contribution to the strengthening of the rule of law, democracy
and human rights in the country at this historical juncture. With the assurance
that I will remain forever a friend of Cambodia, I wish the people of Cambodia
all the best in accomplishing these objectives and in building a more
prosperous, tolerant, cohesive, equitable and fairer society for all in the
years to come.
I thank the UN Human Rights Council for placing its trust
and confidence in me by appointing me to this position in March 2009 and for
renewing my mandate annually and then for an unprecedented term of two years
twice, providing me with the stability needed to follow a more strategic
approach.
It has been an immense privilege to have served the people
of Cambodia and the UN Human Rights Council over the past six years. I would
like to thank the Royal Government of Cambodia, the leaders of the opposition
parties, human rights activists and the international diplomatic community
based in Phnom Penh for their cooperation with me throughout my mandate.
My sincere thanks also go to the dedicated, committed and
professional staff of the Office of the UN High Commissioner for Human Rights
both in Phnom Penh and Geneva for their excellent support. Above all, I would
like to thank the people of Cambodia, especially the youth, for the welcome,
warmth and support extended to me.
The UN Human Rights Council has appointed a very able
person, Professor Rhona Smith, to succeed me. I hope the Government of Cambodia
will extend its full cooperation to her and I wish her every success in
assisting Cambodia towards building a stronger democracy and promoting genuine
rule of law and greater respect for human rights in the country.”
ENDS
Professor Surya P. Subedi was appointed by the UN Human
Rights Council as the UN Special Rapporteur for Human Rights in Cambodia in
March 2009. He is currently Professor of International Law at the University of
Leeds in the United Kingdom and a practising Barrister of the Middle Temple in
London. He is the Vice President of the Asian Society of International Law and
editor of its flagship publication – the Asian Journal of International Law
published by Cambridge University Press. For more information, log on to:
http://www.ohchr.org/EN/HRBodies/SP/CountriesMandates/KH/Pages/SRCambodia.aspx
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
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Check the Special Rapporteur’s latest report to the Human
Rights Council (A/HRC/24/36):
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session24/Pages/ListReports.aspx
UN Human Rights, country page – Cambodia:
http://www.ohchr.org/EN/Countries/AsiaRegion/Pages/KHIndex.aspx
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