SAFIYA CHARLES
After her third UN fact-finding mission to Cambodia, special rapporteur Rhona Smith issued a searing review of the human rights situation in the country, stating that the days of the government evoking the troubles of the past century as an excuse for its present shortcomings were long gone.
Concluding a week-long visit to the Kingdom, the UN Human Rights special rapporteur made it clear, in no uncertain terms, that concerns raised in her May report to the human rights council – the arrest and detention of National Election Committee deputy Ny Chakyra, restrictions on freedom of expression and the use of violence by authorities on peaceful demonstrators – were still completely valid if not amplified, stating that her comments stood repeated today.
Although she expressed gratitude and surprise at the willingness of government officials to meet and discuss the current human rights situation “frankly,” Ms. Smith was quite frank in her criticism of the administration – saying she was disappointed the government had not kept up lines of communication in reporting to UN treaty bodies and imploring that the human rights covenants of the 1991 Paris Peace Agreements, which cast the foundation of the country’s constitution, be upheld.
“Cambodia’s history demonstrates the tragic consequences of human rights not being adequately respected and robustly protected. Cambodia must not return to a situation of war and strife,” she said.
Among Ms. Smith’s concerns were the ongoing detention of four Adhoc human rights workers held at the overcrowded Prey Sar prison, who she said should “have their charges proven or be released immediately and their cases dropped.”
Ms. Smith was not granted access to meet the detained staff members, a move Soeng Sen Karuna, senior human rights investigator for Adhoc, called intentional.
“It shows that the government is trying to hide the bad things and keep the reality hidden because they don’t want that information reported back to Geneva,” he said.
The UN envoy also highlighted concerns surrounding the precarious nature of the judicial system as a whole, noting that although several articles in the country’s Criminal Code refer to the state’s evidentiary standards of law, the requirements seemed to be unenforced – with different judges applying their own unique standards.
“Everyone charged with a criminal offense has the right to know and challenge the evidence. I strongly urge the ministry to consider drafting guidelines and to ensure all judges are fully trained thereon,” she said.
She went on to call on the Ministry of Justice to consider decriminalizing defamation and “public insult,” citing the offenses as being increasingly used to lock up or dissuade human rights defenders and various activists, of which she deemed women were often subjected to added threats of intimidation and consequences.
“Human rights defenders and activists are not necessarily political actors...human rights are not a threat to national security and human rights monitoring does not threaten sovereignty.”
Land rights activists – many of them women – face pressure and intimidation by authorities as land ownership remains a contentious point of conflict in the Kingdom, she said.
Ms. Smith, who met with representatives of sugar companies granted economic land concessions (ELCs) in Kampong Speu province along with evicted families facing hardship due to loss of land, urged the government to offer families proper compensation and continue to strengthen its current legislation.
But Mr. Karuna asserted the government will likely find a way to tip the scales in their favor.
“As we know, the judicial system in Cambodia is not independent. In general, this body always leans towards the ruling party, powerful people and the rich,” said the Adhoc official.
“Those who have interests that conflict with [them] such as poor people, land activists and opposition party members – the ruling party always uses the judicial system to put pressure on these opponents to get what they want.”
Ahead of the upcoming commune and national elections, analysts have raised concerns over fears the government will use the law to crush the opposition. Spokespersons for the government and ruling party did not respond to requests for comment.
Ms. Smith noted with concern that a number of Cambodians did not possess the proper identification to register to vote and pushed for a more concerted effort to ensure that groups like migrant workers were not turned away from registration or voting polls.
Drawing to a close, the UN envoy evoked the Paris Peace Agreements once again, drawing attention to annex three, and emphasizing that Cambodia had made a voluntary commitment to follow through on its principles when it signed the agreement almost a quarter of a century ago.
“Everyone should be able to participate in the electoral process and freedom of speech, assembly and movement [should be] fully respected, with all political parties enjoying an equal platform,” she said.
“The Cambodia of 2016 is very different from the Cambodia of 1991. Cambodia has earned its place on the international stage as an equal and sovereign state, and as such...must take responsibility for fully implementing...all those rights and freedoms in the treaties it has so willingly ratified.”
With the 25th anniversary of the accords fast approaching, many Cambodians are unsure if its tenets will ring true in next year’s election cycle.
No comments:
Post a Comment