مجلس حقوق الإنسان يعتمد نتائج الاستعراض الدوري الشامل لكمبوديا

Human Rights Council
MORNING

26 June 2014

The Human Rights Council this morning adopted the outcome of the Universal Periodic Review of Cambodia.
 
Ney Samol, Permanent Representative of Cambodia to the United Nations Office at Geneva, said that Cambodia had received 205 recommendations, of which it had accepted 163, noted 38 and rejected four.  Cambodia had ratified or acceded to all the core human rights treaties and had made great efforts in closely cooperating with the United Nations human rights mechanisms.  The reform of the judiciary and the adoption of new laws in May 2014 aimed to strengthen the capacity, independence, impartiality and integrity of judiciary institutions.  Cambodia had made great efforts to address all forms of discrimination against women and to protect the rights of children, including through laws, policies, national strategies and action plans.
 
In the discussion on Cambodia, speakers welcomed the progress made by Cambodia in improving the legislative and institutional framework for the protection of human rights in the country, and the measures to protect the rights of women and children.  Speakers welcomed the progress made in the implementation of the Millennium Development Goals, particularly poverty reduction, food security and the socio-economic development of the people.  The Government should urgently implement labour laws and lift the ban on demonstrations and peaceful assembly.  Concerns were voiced about impunity for human rights violations and that new laws would ensure greater Government control over the judiciary and undermine the independence of the judicial system.
 
Speaking in the discussion were Iran, Lao People’s Democratic Republic, Malaysia, Morocco, Myanmar, the Philippines, Singapore, Sri Lanka, Thailand, United Kingdom, United States, Uzbekistan, Venezuela, Algeria, Brunei Darussalam, China, Cuba, India, and Indonesia.
 
Also taking the floor were the following non-governmental organizations: Asian Forum for Human Rights and Development, Human Rights Watch, Amnesty International, COC Nederland (joint statement), Action Canada for Population and Development, CIVICUS-World Alliance for Citizen Participation, International Volunteerism Organization for Women, Education and Development (joint statement), and the International Federation for Human Rights League. 
 
The Council then adopted the outcome of the Universal Periodic Review of Cambodia.
 
The Human Rights Council will resume its work at 10 a.m. to begin taking action on decisions and resolutions.
 
Consideration of Outcome of Universal Periodic Review of Cambodia
 
NEY SAMOL, Permanent Representative of Cambodia to the United Nations Office at Geneva, said that the Universal Periodic Review was a useful and valuable process which provided Governments with a platform to reflect on their human rights situations.  The constructive dialogue with other countries and stakeholders was an integral part of the commitment to improving human rights in a country.  Cambodia had received 205 recommendations, of which it had immediately accepted 163, noted 38 and rejected four.  Among the 163 accepted recommendations, Cambodia was of the view that some recommendations overlapped and for this reason could be combined, clustered and merged into only 48 recommendations.  Cambodia had ratified or acceded to all the core human rights treaties and had made great efforts in closely cooperating with the United Nations human rights mechanisms, including extending the mandate of the Special Rapporteur on the situation of human rights in Cambodia until September 2015. 
 
Regarding the reform of the judiciary, the National Assembly had adopted in May three fundamental laws, on the status of judges and prosecutors, on the organization and functioning of courts, and on the organization and functioning of the Supreme Council of Magistracy.  The aim of the laws was to strengthen the capacity, independence, impartiality and integrity of judiciary institutions.  The Strategic Plan 2014-2018 provided a framework for management and the treatment of prisoners and was more compliant with international human rights norms and standards.  Efforts were made to apply the provisions of the Convention on the Elimination of Discrimination against Women in national policies and legislation; the Constitution abolished all forms of discrimination against women and laws on prevention of domestic violence and protection of victims, on monogamy and others were adopted.  Various measures were undertaken to protect the rights of children, including through laws, policies, national strategies and action plans.
 
Iran expressed appreciation for Cambodia’s efforts despite the numerous challenges facing the country; and acknowledged that all of its recommendations on a child protection system, health, a social service system, and the rights of persons with disabilities enjoyed the support of Cambodia.  This was a clear manifestation of the Government’s commitment to the cause of human rights.
 
Lao People’s Democratic Republic noted the acceptance of a large number of recommendations during the review, including the achievement of socio-economic development and the attainment of five Millennium Development Goals’ targets before the deadline.  The delegation also commended the significant improvement in the implementation of a national plan on “education for all” and the adoption of measures to prevent discrimination against women.
 
Malaysia commended Cambodia for its forthcoming engagement in the review process and was pleased with the explanations and responses provided by the delegation.  Malaysia noted with appreciation continuous efforts, among others, the strengthening of the legal and judicial systems and efforts to combat corruption. Cambodia had accepted a high number of recommendations, including those made by Malaysia.
 
Morocco congratulated Cambodia for the efforts deployed to comply with its international obligations by submitting all reports due under treaty bodies.  Morocco noted with satisfaction the cooperation with the Special Rapporteur, who had been able to carry out several visits, as well as the level of interaction during the review process which was evidence of the State’s determination to achieve progress in the field of human rights.  
 
Myanmar thanked Cambodia for the comprehensive presentation and took positive note of Cambodia’s constructive participation in the Universal Periodic Review.  Myanmar was pleased that Cambodia had accepted most of the recommendations, including those made by Myanmar on reducing rural poverty and continuing efforts on providing education for all.
 
Philippines was pleased to see improvement in the legislative and normative framework in Cambodia and appreciated efforts to improve national institutions and increase the protection of women and children.  The Philippines also appreciated Cambodia’s regional cooperation efforts.
 
Singapore noted the high number of recommendations Cambodia had accepted which reflected the political will of the Government to further improve the human rights situation of its people.  Singapore would continue cooperating with Cambodia on improving human rights in the region.
 
Sri Lanka congratulated Cambodia on the acceptance of a large number of recommendations and on efforts to achieve the Millennium Development Goals.  Sri Lanka took note of the efforts to achieve the national goals of poverty reduction, food security and socio-economic development in the country.
 
Thailand commended Cambodia’s constructive engagement with the review process and noted with appreciation the immediate acceptance of the majority of the recommendations provided by fellow countries, including Thailand’s recommendation concerning access to education and health.  Thailand also welcomed efforts to provide detailed clarification on the recommendations only partially accepted and those that were not supported. 
 
United Kingdom welcomed Cambodia’s commitment to produce a human rights action plan on the implementation of the review recommendations, as well as the acceptance of the United Kingdom’s recommendation concerning the implementation of the Special Rapporteur’s recommendations on electoral reforms by the end of 2014, as well as action taken towards improving land rights.  The United Kingdom reiterated the importance of respecting fundamental rights and ensuring that the draft cyber-crime law did not curtail freedom of expression.
 
United States urged Cambodia to follow through accepted recommendations in consultation with civil society and opposition parties.  The United States noted with concern that the ban on demonstrations had not been lifted and that recommendations regarding the repeal or amendment of the penal code, such as articles regarding defamation or discrediting of judicial decisions, had not been accepted; and called on Cambodia to swiftly implement recommendations on workers’ rights and labour standards.
 
Uzbekistan welcomed the delegation of Cambodia and commended it for the comprehensive information and comments concerning the recommendations emanating from the review process.  Uzbekistan was pleased that Cambodia had accepted most of the recommendations, including those submitted by Uzbekistan, and hoped that their implementation would lead to the strengthening of the human rights system.
 
Venezuela welcomed Cambodia’s programme to combat poverty and to move to sustainable management and fair use of land.  Substantial progress had been made in complying with recommendations from the first cycle of the Universal Periodic Review.  Venezuela called on the Council to adopt the outcome report of Cambodia.
 
Algeria noted the constructive commitment of Cambodia to the Universal Periodic Review process and the acceptance of recommendations, including those made by Algeria to establish national human rights institutions in line with the Paris Principles, and to end all forms of discrimination against women.
 
Brunei Darussalam welcomed the policies to improve social indicators in Cambodia and the cooperation with the United Nations human rights mechanisms during the review process.  The acceptance of a large number of recommendations was a clear indication of the commitment of the country to improve its human rights.
 
China appreciated the efforts of Cambodia to actively implement recommendations received during the review and welcomed the progress made in the improvement of human rights in the country.  China hoped that the international community would continue to assist Cambodia in her efforts to improve the situation of human rights.
 
Cuba congratulated Cambodia for its effective implementation of all recommendations during the first cycle of the review, showing the will of the authorities to protect and promote the human rights of their people.  Cuba noted that it had ratified two important international treaties, the Convention on the Right of Persons with Disabilities, and the Convention on Enforced Disappearances. 
 
India commended Cambodia for the constructive manner in which it had participated in the review.  It was encouraging that Cambodia had accepted many recommendations this year.  India believed Cambodia had gained much from its participation in the Universal Periodic Review and that it would continue its efforts to implement recommendations made over the coming years.
 
Indonesia said Cambodia’s commitment to the review process was commendable, as seen through its firm acceptance of 91 recommendations during the first cycle, and 163 recommendations in the second round.  Indonesia appreciated Cambodia’s acceptance of recommendations to strengthen its institutional capacity in promoting and protecting human rights, including on establishing a national human rights institution.
 
Asian Forum for Human Rights and Development said the Government of Cambodia had failed to respond early to 34 recommendations pending acceptance, including those related to the protection of human rights defenders and the right to freedom of peaceful assembly.  Grave concern was reiterated over the recent violent crackdown by State security forces against public assemblies. 
 
Human Rights Watch said that the review came at a time of serious concern regarding the deterioration of the human rights situation in Cambodia.  Many recommendations had called on Cambodia to reform the electoral system, ensure the rights to peaceful assembly and association, and open up the media to full freedom of expression.  Cambodia must stop paying lip service to human rights principles while entrenching practices that violated them.
 
Amnesty International welcomed recommendations on the rights to freedom of peaceful of assembly, association and expression, some of which had been accepted.  Amnesty asked the Government to lift restrictions on peaceful assembly and to end the ban, announced earlier this year, imposed on this freedom.  It was disappointing that recommendations to investigate the use of excessive force and to end impunity had not been accepted.
 
COC Nederland, in a joint statement, emphasised that lesbian, gay, bisexual, transgender and intersex people in Cambodia continued to struggle for equality and respect and were subject to discrimination, abuse and violence.  The organizations were concerned that the Government would not particularly address violations on the grounds of sexual orientation and gender identity, recommending a number of measures to this end.
 
Action Canada for Population and Development commended the acceptance of recommendations to eliminate patriarchal attitudes and stereotypes, provide free treatment to people living with HIV, further develop the health sector and provide sexual and reproductive health information, but noted that the health care sector remained underfunded and understaffed.  Action Canada was concerned about the lack of attention paid during the review to discrimination based on sexual orientation and gender identity.
 
CIVICUS World Alliance for Citizen Participation said that despite Cambodia’s explicit commitments during its review, the Government had simultaneously taken steps to limit the space for civil society and human rights defenders at the national level.  It was urged to take all measures to implement recommendations accepted in that regard.
 
International Volunteerism Organization for Women, Education and Development, in a joint statement, said that further efforts were required to fully ensure children’s rights.  A large number of children with disabilities were still excluded from the education system, while many attending school faced physical obstacles to educational facilities.
 
International Federation for Human Rights Leagues said it was deeply regrettable that Cambodia had not responded in due course to recommendations that were based on its international obligations, including on the protection of human rights defenders and journalists, the right to peaceful assembly, the fight against impunity, and land rights. 
 
Concluding Remarks
 
The President said that of the 205 recommendations received, 163 enjoyed the support of Cambodia and 42 were noted.
 
NEY SAMOL, Permanent Representative of Cambodia to the United Nations Office at Geneva, said that a number of issues raised in the discussion today had already been addressed in the national report of Cambodia.  Cambodia expressed sincere appreciation to all delegations and non-governmental organizations that had participated in the dialogue and assured them that all concerns would be conveyed to the relevant authorities.  The Government acknowledged the remaining challenges in the protection of human rights in the country and reiterated the commitment to implement realistic measures based on principles of democracy, rule of law and human rights. 

Cambodia would also continue to strengthen close cooperation with the United Nations human rights mechanisms, particularly the Special Rapporteur, and would join efforts with others to overcome challenges to gender equality.  The Government was committed to deeply reform the legal system and the courts by designing a legal framework with sustainability and more confidence and strengthening the capacity and independence of the courts.
 
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